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HomeMy WebLinkAbout11-0682FILED-CF F ICE 0, it- i N PR HOIN01ARY 2911 JAN' 21 Pill 1:?2 CUMBERLAND COUNTY PENNSYLVAMIA Timothy A. Hoy, Esquire Sup. Ct. ID No. 47597 Heather Z. Kelly, Esquire METTE, EVANS & WOODSIDE Sup. Ct. ID No. 86291 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 (717) 236-1816 (fax) hzkellygmette.com 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. DOCKET NO. ??- (0 2 pail LAWRENCE J. LEGORE AND KATHRYN A. LEGORE, Defendants 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 AN ATTORNEY AND FILLING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT 10 ' 1/; -66 141-?j Na, ?a (i K 01616 L/E 0 lw -Ig4 0"/,b ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO THE TELEPHONE OR THE OFFICE SET FORTH BELOW TO FIND WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 Timothy A. Hoy, Esquire Sup. Ct. ID No. 47597 Heather Z. Kelly, Esquire METTE, EVANS & WOODSIDE Sup. Ct. ID No. 86291 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 (717) 236-1816 (fax) hzkelly?a,mette.com 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. LAWRENCE J. LEGORE AND KATHRYN A. LEGORE, Defendants : DOCKET NO. COMPLAINT IN MORTGAGE FORECLOSURE AND NOW, this 20th day of January, 2011, Plaintiff, METRO BANK, f/k/a COMMERCE BANK/HARRISBURG, N.A., by its attorneys files the following Complaint in Mortgage Foreclosure: 1. Plaintiff is Metro Bank, f/k/a Commerce Bank/Harrisburg, N.A., a national banking institution with offices at Metro Center, 3801 Paxton Street, Harrisburg, Pennsylvania 17111. 2. Defendants Lawrence I Legore and Kathryn A. Legore are married adult individuals who reside at 209 West Courtland Avenue, Shiremanstown, PA 17011 3. By their Promissory Note dated February 6, 2006 in the original principal amount of Forty Thousand Dollars and 00/100 ($40,000.00), Defendants are indebted to Plaintiff. A true and correct copy of the Promissory Note is attached hereto as Exhibit "A" and made a part hereof (the "Note"). 4. Defendants' payment and performance of their obligation under the Note is secured by a lien and security interest created by a Mortgage dated February 6, 2006 executed by Defendants as Borrower in favor of Plaintiff as Lender and recorded on November 10, 2005 in the Cumberland County Recorder of Deeds Office at Book 1940, Page 3742. A true and correct copy of the Mortgage is attached hereto as Exhibit "B" and made a, part hereof (the "Mortgage"). 5. The real property subject to the Mortgage is located at and known as 209 West Courtland Avenue, Shiremanstown, Cumberland County, Pennsylvania, as more particularly described in the Mortgage (the "Real Property") 6. Defendants are the real owner of the Real Property. 7. The indebtedness evidenced by the Note and secured by the Mortgage is in default. Defendants failed to pay the monthly payments due under the Note for September 10, 2010 to the present. The amount in arrears totals $1,332.38. 8. Notice of such default and the Defendants' rights under the Homeowner's Emergency Mortgage Assistance Act of 1983 was provided to Defendants on November 12, 2 20 10 by certified mail. A true and correct copy of such Notice is attached hereto as Exhibit "C" and made a part hereof (the "Notice"). 9. On information and belief, Defendants have not taken any action prescribed in the Notice. 10. As of December 16, 2010, the amount of such indebtedness is $36,013.22, which is computed as follows: Principal $35,398.16 Interest as of 12/16/10 $522.32 Late fees 92.74 Total $36,013.22 Interest, attorneys fees, costs and expenses continue to accrue. 11. Plaintiff is entitled to Judgment in Mortgage Foreclosure. WHEREFORE, Plaintiff respectfully requests that your Honorable Court enter Judgment in Mortgage Foreclosure in its favor and against Defendants in the amount of $36,013.22 plus continuing interest as well as continuing costs, attorneys' fees and expenses, and authorizing sale of the Real Property by the Sheriff of Cumberland County on such Judgment in Mortgage Foreclosure. Respectfully submitted, METTE, EVANS & WOODSIDE Timothy A. Hoy, 0s-quire v Sup. Ct. ID No. 47597 Heather Z. Kelly, Esquire Sup. Ct. I.D. No. 86291 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 (717) 236-1816 (fax) Attorneys for Plaintiff Date: January 20, 2011 VERIFICATION I, John Robertson, Vice President - Asset Recovery Manager at Metro Bank, f/k/a Commerce Bank/Harrisburg, N.A., have read the foregoing Complaint in Mortgage Foreclosure and verify that the facts set forth therein are true and correct according to the best of my knowledge, information and belief and that as such Asset Recovery Supervisor I am authorized to executed this Verification on behalf of the bank. I understand that any false statement made herein is subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. obertson, Vice President se ecovery Manager, Metro Bank f/k/a Commerce Bank/Harrisburg, N.A. Dated: December 27, 2010 533453v1 Y71 PROMISSORY NOTE References in the shaded area are for Leader's use only and do not limit the applicability of this document to any particular loan or item. Any item above containing "' • "` has been omitted due to text lenoth limitations. Borrower: Lawrence J. Legere Lender: COMMERCE BANK/HARRISBURG N.A. Kathryn A. Legere , SIMPSON FERRY 209 West Courtland Avenue 5632 SIMPSON FERRY ROAD Shiremanstown, PA 17011 MECHANiCBURG, PA 17055 (717) 766.6800 Principal Amount: $40,000.00 Interest Rate: 6.990% Date of Note: February 6, 2006 Maturity Date: February 10, 2026 PROMISE TO PAY, i ("Borrower"I jointly and severally promise to pay to COMMERCE BANK/HARRISBURG N.A. f"Lender"), or order, in lawful money of the United States of America, the principal amount of Forty Thousand & 00/100 Dollars (540,000,00), together with interest at the rate of 6.990% per annum on the unpaid principal balance from February 10, 2006, until paid in full. The Interest rate may change under the terms and conditions of the "PREFERRED RATE REDUCTION" section. Unless waived by Lender, any increase in the interest rate will increase my number of payments. PAYMENT. I will pay this ban in 240 payments of $309.91 each payment. My first payment Is due March 10, 2006, and all subsequent payments are due an the some day of each month after that. My final payment will be due on February 10, 2026, and will be for all principal and ail accrued interest not yet paid. Payments Include principal and Interest. Unless otherwise agreed or required by applicable low, payments WIN be applied first to any accrued unpaid interest; then to principal; then to any unpaid collection costs; and then to any late charges. Interest on this Noto Is computed on a 365/365 simple interest basis; that Is, by applying the ratio of the annual interest rate over the number of days In a year, multiplied by the outstanding principal balance, multiplied by the actual number of days the principal balance is outstanding. I will pay Lender at Lender's address shown above or at such other place as Lender may designate In writing, PREFERRED RATE REDUCTION. The interest rate on this Note includes a preferred rate reduction. Following is a description of the event that would cause the preferred rate reduction to terminate, how the new rate will be determined upon termination of the preferred rate reduction and any rules pertaining to the termination of the rate reduction. Description of Event That Would Cause the Preferred Rate Reduction to Terminate. IF THE AUTOMATIC PAYMENT IS DISCONTINUED BY THE BORROWER OR THE LENDER. How The Now Rate Will Be Determined Upon Termination of the Preferred Reduction. THE INTEREST RATE WILL INCREASE BY ONE-HALF OF ONE PERCENT (.50096). Rules. THERE IS AN ADMINISTRATIVE FEE OF $25.00. 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 payments under the payment schedule. Rather, early payments will reduce the principal balance due and may result in my, making fewer payments. I agree not to send Lender payments marked "paid in full", "without recourse", or similar language. It 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, includingany check or other payment instrument that indicates that the payment constitutes 'payment in full' of the amount owed or that is tendered with other conditions or limitations or as full satisfaction of a .disputed amount must be mailed or delivered to: COMMERCE BANK/HARRISBURG N.A., LOAN SERVICING, PO BOX 1195 CAMP HILL, PA 17011-1195, LATE CHARGE. If a payment is 15 days or more late, I will be charged 5.000% of the regularly scheduled payment. INTEREST AFTER DEFAULT. Upon default, including failure to pay upon final maturity, Lender, at its option, may, if permitted under applicable law, increase the interest rate on this Note 2.000 percentage points. The interest rate will not exceed the maximum rate permitted by applicable law. If judgment is entered in connection with this Note, interest will continue to accrue an this Note after judgment at the existing interest rate provided for in this Note. DEFAULT, I will be in default under this Note if any of the following happen: Payment Default. I fail to make any payment when due under this Note. Break Other Promises, I break any promise made to Lender or fail to perform promptly at the time and strictly in the manner provided in this Note or in any agreement related to this Note, or in any other agreement or loan I have with Lender. Default In Favor of Third Parties. I or any Grantor defaults under any loan, extension of credit, security agreement, purchase or sales agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of my property or my ability to repay this Note or perform my obligations under this Note or any of the related documents. False Statements. Any representation or statement made or furnished to Lender by me or on my behalf under this Note or the related documents is false or misleading in any material respect, either now or at the time made or furnished. Death or Insolvency. Any Borrower dies or becomes insolvent:. a receiver is appointed for any part of my property; I make an assignment for the benefit of creditors; or any proceeding is commenced either by me or against me under any bankruptcy or insolvency laws. Taking of the Property. Any creditor or governmental agency tries to take any of the property or any other of my property in which Lender has a lien, This includes taking of, garnishing of or levying on my accounts with Lender. However, if I dispute in good faith whether the claim on which the taking of the property is based is valid or reasonable, and if I give Lender written notice of the claim and furnish Lender with monies or a surety bond satisfactory to Lender to satisfy the claim. then this default provision will not apply. Defective Collateraiization, This Note or any of the related documents ceases to be in full force and effect (including failure of any collateral document to create a valid and perfected security interest or lien), at any time and for any reason. Collateral Damage or Loss. Any collateral securing this Note is lost, stolen, substantially damaged or destroyed and the loss, theft, substantial damage or destruction is not covered by insurance. Events Affecting Guarantor. Any of the preceding events occurs. with respect to any guarantor, endorser, surety, or accommodation party PROMISSORY NOTE Loan No: 400213248 (Continued) Page 2 of any of the indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any guaranty of the indebtedness evidenced by this Note. In the event of a death, Lender, at its option, may, but shall not be required to, permit the guarantor's estate to assume unconditionally the obligations arising under the guaranty in a manner satisfactory to Lender, and, in doing so, cure any Event of Default. Insecurity. Lender in good faith believes itself insecure. Cure Provisions. If any default, other than a default in payment is curable and if I have not been given a notice of a breach of the same provision of this Note within the preceding twelve 0 2) months, it may be cured if 1, after receiving written notice from Lender demanding cure of such default: (1) cure the default within fifteen (15) days; or (2) if the cure requires more than fifteen (15) days, immediately initiate steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continue and complete all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. LENDER'S RIGHTS, Upon default, Lender may, after giving such notices as required by applicable law, declare the entire unpaid principal balance on this Note and all accrued unpaid' interest immediately due, and then 1 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 attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit, including attorneys' fees, expenses for bankruptcy proceedings (including efforts to modify -ar 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 law applicable to Lender and, to the extent not preempted by federal law, the laws of the Commonwealth of Pennsylvania without regard to Its conflicts of law provisions. This Note has been accepted by Lender In the Commonwealth of Pennsylvania. RIGHT OF SETOFF. To the extent permitted by applicable law, Lender reserves a right of setoff in all my accounts with Lender (whether checking, savings, or some other account). This includes all accounts I hold jointly with someone else and all accounts I may open in the future. However, this does not include any IRA or Keogh accounts, or any trust accounts for which setoff would be prohibited by law. I authorize Lender, to the extent permitted by applicable law, to charge or setoff all sums owing on the indebtedness against any and all such accounts. COLLATERAL. 1 acknowledge this Note is secured by 209 West Courtland Avenue, Shiremanstown, Shiremanstown Borough, Cumberland County, Pennsylvania. PROPERTY INSURANCE. I understand that I am required to obtain insurance for the collateral securing this Note. Further 'information concerning this requirement is set forth in the Mortgage and in the Agreement to Provide insurance, all the terms and conditions of which are hereby' incorporated and made a part of this Note. SUCCESSOR INTERESTS. The terms of this Note shall be binding upon me, and upon mfr 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 inaccuracy(ies) should be sent to us at the following address: COMMERCE BANKIHARRISBURG N.A. LOAN SERVICING PO BOX 1195 CAMP HILL, PA 17011.1195. 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 or remedies under this Note without losing them. I and any other person who signs, guarantees or endorses this Note, to the extent allowed by law', waive presentment, demand for payment, and notice of dishonor. Upon any change in the terms of this Note, and unless otherwise expressly stated in writing, no party who signs this Note, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew or extend trepeatedly and for any length of time) this loan or release any party or guarantor or collateral; or impair, fail to realize upon or perfect Lender's security interest in the collateral. All such parties also agree that Lender may modify this ban without the consent of or notice to anyone other than the party with whom the modification is made. The obligations under this Note are joint and several. This means that the words "i", "me", and "my" mean each and all of the persons signing below. PRIOR TO SIGNING THIS NOTE, 1, AND EACH OF US, READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE AND THE NOTICE TO COSIGNER SET FORTH BELOW. I, 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. l ? X • pal .ll.l`}k? {Baal} Kathryn A. Legote 1 NOTICE TO COSIGNER You are being asked to guarantee this debt. Think carefully 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 if the borrower does not pay. You may also have to pay late fees or collection costs, which increase this amount. The Lender can collect this debt from you without first trying to collect from the borrower. The Lender can use the same collection methods against you that can be used against the borrower, such as suing you, garnishing your wages, etc. If this debt is ever in default, that fact may become a part of YOUR credit record. This notice is not the contract that makes • , liable for the debt. ?i? ?? ? f Parcel Identification Number: 37-23-0557-134 RECORDATION REQUESTED BY: COMMERCE BANK/HARRISBURG N.A. SIMPSON FERRY 5032 SIMPSON FERRY ROAD MECHANICBURG, PA 17055 WHEN RECORDED MAIL TO: COMMERCE BANK/HARRISBURG N.A. LOAN SERVICING 100 SENATE AVENUE E CAMP HILL, PA 17011 SEND TAX NOTICES TO: COMMERCE BANK/HARRISBURG N.A. LOAN SERVICING 100 SENATE AVENUE CAMP HILL, PA 17011 FOR RECORDER'S USE ONLY MORTGAGE Amount Secured Hereby: $40,000.00 THIS MORTGAGE dated February 6, 2006, is made and executed between Lawrence J. Legore and Kathryn A. Legore, whose address is 209 West Courtland Avenue, Shiremanstown, PA 17011 (referred to below as "Grantor") and COMMERCE BANK/HARRISBURG N.A., whose address is 5032 SIMPSON FERRY ROAD, MECHANICBURG, PA 17055 (referred to below as "Lender"). GRANT OF MORTGAGE. For valuable consideration, Grantor grants, bargains, sells, conveys, assigns, transfers, releases, confirms and mortgages to Lender all of Grantor's right, title, and interest in and to the following described real property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all streets, lanes, alleys, passages, and ways; all easements, rights of way, all liberties, privileges, tenements, hereditaments, and appurtenances thereunto belonging or anywise made appurtenant hereafter, and the reversions and remainders with respect thereto; all water, water rights, watercourses and ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") located in Cumberland County, Commonwealth of Pennsylvania: Real property located at 209 West Courtland Avenue, Shiremanstown, Shiremanstown Borough, Cumberland County, Pennsylvania, as recorded in deed book 34-I, page 297, in the Office of the Recorder of Deeds of Cumberland County. The Real Property or its address is commonly known as 209 West Courtland Avenue, Shiremanstown, PA 17011. The Real Property parcel identification number is 37-23-0557 THIS MORTGAGE, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THIS MORTGAGE. THIS MORTGAGE IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PAYMENT AND PERFORMANCE. Except as otherwise provided in this Mortgage, Grantor shall pay to Lender all amounts secured by this Mortgage as they become due and shall strictly perform all of Grantor's obligations under this Mortgage. 9K I! 940PG3742 MORTGAGE Loan No: 400213248 (Continued) Page 2 POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession and use of the Property shall be governed by the following provisions: Possession and Use. Until the occurrence of an Event of Default, Grantor may (1) remain in possession and control of the Property; (2) use, operate or manage the Property; and (3) collect the Rents from the Property. Duty to Maintain. Grantor shall maintain the Property in good condition and promptly perform all repairs, replacements, and maintenance necessary to preserve its value. Hazardous Substances. Grantor represents and warrants that the Property never has been, and never will be so long as this Mortgage remains a lien on the Property, used for the generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance in violation of any Environmental Laws. Grantor authorizes Lender and its agents to enter upon the Property to make such inspections and tests as Lender may deem appropriate to determine compliance of the Property with this section of the Mortgage. Grantor hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event Grantor becomes liable for cleanup or other costs under any such laws, and (2) agrees to indemnify and hold harmless Lender against any and all claims and losses resulting from a breach of this paragraph of the Mortgage. This obligation to indemnify shall survive the payment of the Indebtedness and the satisfaction of this Mortgage. DUE ON SALE - CONSENT BY LENDER. Lender may, at Lender's option, declare immediately due and payable all sums secured by this Mortgage upon the sale or transfer, without Lender's prior written consent, of all or any part of the Real Property, or any interest in the Real Property. A "sale or transfer" means the conveyance of Real Property or any right, title or interest in the Real Property; whether legal, beneficial or equitable; whether voluntary or involuntary; whether by outright sale, deed, installment sale contract, land contract, contract for deed, leasehold interest with a term greater than three (3) years, lease-option contract, or by sale, assignment, or transfer of any beneficial interest in or to any land trust holding title to the Real Property, or by any other method of conveyance of an interest in the Real Property. However, this option shall not be exercised by Lender if such exercise is prohibited by federal law or by Pennsylvania law. TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Mortgage: Payment. Grantor shall pay when due (and in all events prior to delinquency) all taxes, payroll taxes, special taxes, assessments, water charges and sewer service charges levied against or on account of the Property, and shall pay when due all claims for work done on or for services rendered or material furnished to the Property. Grantor shall maintain the Property free of any liens having priority over or equal to the interest of Lender under this Mortgage, except for those liens specifically agreed to in writing by Lender, and except for the lien of taxes and assessments not due and except as otherwise provided in this Mortgage. PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Mortgage: Maintenance of Insurance. Grantor shall procure and maintain policies of fire insurance with standard extended coverage endorsements on a replacement basis for the full insurable value covering all Improvements on the Real Property in an amount sufficient to avoid application of any coinsurance clause, and with a standard mortgagee clause in favor of Lender. Policies shall be written by such insurance companies and in such form as may be reasonably acceptable to Lender. Grantor shall deliver to Lender certificates of coverage from each insurer containing a stipulation that coverage will not be cancelled or diminished without a minimum of ten (10) days' prior written notice to Lender and not containing any disclaimer of the insurer's liability for failure to give such notice. Each insurance policy also shall include an endorsement providing that coverage in favor of Lender will not be impaired in any way by any act, omission or default of Grantor or any other person. Should the Real Property be located in an area designated by the Director of the Federal Emergency Management Agency as a special flood hazard area, Grantor agrees to obtain and maintain Federal Flood Insurance, if available, within 45 days after notice is given by Lender that the Property is located in a special flood hazard area, for the full unpaid principal balance of the loan and any prior liens on the property securing the loan, up to the maximum policy limits set under the National Flood Insurance Program, or as otherwise required by Lender, and to maintain such insurance for the term of the loan. Tax and Insurance Reserves. Upon request by Lender and subject to applicable law, Grantor shall pay to Lender each month on the day payments are due under the Note until the Note is paid in full, a sum ("Escrow Funds") equal to one-twelfth of (a) all annual taxes, special taxes, assessments, water charges and sewer service charges levied against or on account of the Property and (b) annual premiums for policies of fire insurance with all risks standard extended coverage required under this Mortgage ("Escrow Items"). Lender may estimate the amount of Escrow Funds on the basis of current data and a reasonable estimate of future Escrow Items. All Escrow Funds shall be held by Lender and applied to pay the Escrow Items when due. Lender will not charge for holding and applying the Escrow Funds, analyzing the account, or verifying the Escrow Items, unless Lender pays Grantor interest on the Escrow Funds and applicable law permits Lender to make such a charge. Grantor and Lender may agree in writing that interest shall be paid on the Escrow Funds. Unless an agreement is made or applicable law R 194 ,IG3743 MORTGAGE Loan No: 400213248 (Continued) Page 3 requires interest to be paid, Lender shall not be required to pay Grantor any interest or earnings on the Escrow Funds. The Escrow Funds are pledged as additional security for the amounts secured by this Mortgage. If the amount of the Escrow Funds held by Lender, together with the future monthly payments of Escrow Funds prior to the due dates of the Escrow Items, shall exceed the amount required to pay the Escrow Items when due, the excess shall be, at Grantor option, either promptly repaid to Grantor or credited to Grantor in scheduled payments of Escrow Funds. If the amount of the Escrow 'Funds held by Lender is not sufficient to pay the Escrow Items when due, Grantor shall pay to Lender any amount necessary to make up the deficiency in one or more payments as required by Lender. Lender's Expenditures. If Grantor fails (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, or (3) to make repairs to the Property then Lender may do so. If any action or proceeding is commenced that would materially affect Lender's interests in the Property, then Lender on Grantor's behalf may, but is not required to, take any action that Lender believes to be appropriate to protect Lender's interests. All expenses incurred or paid by Lender for such purposes will then bear interest at the rate charged under the Note from the date incurred or paid by Lender to the date of repayment by Grantor. All such expenses will become a part of the Indebtedness and, at Lender's option, will (1) be payable on demand; (2) be added to the balance of the Note and be apportioned among and be payable with any installment payments to become due during either (a) the term of any applicable insurance policy; or (b) the remaining term of the Note; or (3) be treated as a balloon payment which will be due and payable at the Note's maturity. Grantor's obligation to Lender for all such expenses shall survive the entry of any mortgage foreclosure judgment. Warranty; Defense of Title. The following provisions relating to ownership of the Property are a part of this Mortgage: Title. Grantor warrants that: (a) Grantor holds good and marketable title of record to the Property in fee simple, free and clear of all liens and encumbrances other than those set forth in the Real Property description or in any title insurance policy, title report, or final title opinion issued in favor of, and accepted by, Lender in connection with this Mortgage, and (b) Grantor has the full right, power, and authority to execute and deliver this Mortgage to Lender. Defense of Title. Subject to the exception in the paragraph above, Grantor warrants and will forever defend the title to the Property against the lawful claims of all persons. Full Performance. If Grantor pays all the Indebtedness when due, and otherwise performs all the obligations imposed upon Grantor under this Mortgage, Lender shall execute and deliver to Grantor a suitable satisfaction of this Mortgage and suitable statements of termination of any financing statement on file evidencing Lender's security interest in the Rents and the Personal Property. Grantor will pay, if permitted by applicable law, any reasonable termination fee as determined by Lender from time to time. Events of Default. At Lender's option, Grantor will be in default under this Mortgage if any of the following happen: Payment Default. Grantor fails to make any payment when due under the Indebtedness. Default on Other Payments. Failure of Grantor within the time required by this Mortgage to make any payment for taxes or insurance, or any other payment necessary to prevent filing of or to effect discharge of any lien. Break Other Promises. Grantor breaks any promise made to Lender or fails to perform promptly at the time and strictly in the manner provided in this Mortgage or in any agreement related to this Mortgage. Default in Favor of Third Parties. Should Grantor default under any loan, extension of credit, security agreement, purchase or sales agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of Grantor's property or Grantor's ability to repay the Indebtedness or Grantor's ability to perform Grantor's obligations under this Mortgage or any related document. Death or Insolvency. The death of Grantor, the insolvency of Grantor, the appointment of a receiver for any part of Grantor's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Grantor. Breach of Other Agreement. Any breach by Grantor under the terms of any other agreement between Grantor and Lender that is not remedied within any grace period provided therein, including without limitation any agreement concerning any indebtedness or other obligation of Grantor to Lender, whether existing now or later. Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party of any of the Indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or revokes or disputes the validity of, or liability under, 9 19 40PG'3 744 MORTGAGE Loan No: 400213248 (Continued) Page 4 any Guaranty of the Indebtedness. In the event of a death, Lender, at its option, may, but shall not be required to, permit the guarantor's estate to assume unconditionally the obligations arising under the guaranty in a manner satisfactory to Lender, and, in doing so, cure any Event of Default. Insecurity. Lender in good faith believes itself insecure. Right to Cure. If any default, other than a default in payment is curable and if Grantor has not been given a notice of a breach of the same provision of this Mortgage within the preceding twelve (12) months, it may be cured if Grantor, after receiving written notice from Lender demanding cure of such default: (a) cures the default within fifteen (15) days; or (b) if the cure requires more than fifteen (15) days, immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. Rights and Remedies on Default. Upon the occurrence of an Event of Default- and at any time thereafter, Lender, at Lender's option, may exercise any one or more of the following rights and remedies, in addition to any other rights or remedies provided by law: Accelerate Indebtedness. Lender shall have the right at its option, after giving such notices as required by applicable law, to declare the entire Indebtedness immediately due and payable. UCC Remedies. With respect to all or any part of the Personal Property, Lender shall have all the rights and remedies of a secured party under the Uniform Commercial Code. Judicial Foreclosure. Lender may obtain a judicial decree foreclosing Grantor's interest in all or any part of the Property. Nonjudicial Sale. If permitted by applicable law, Lender may foreclose Grantor's interest in all or in any part of the Personal Property or the Real Property by non-judicial sale. Other Remedies. Lender shall have all other rights and remedies provided in this Mortgage or the Note or available at law or in equity. Sale of the Property. To the extent permitted by applicable low, Grantor hereby waives any and all right to have the Property marshalled. In exercising its rights and remedies, Lender shall be free to sell all or any part of the Property together or separately, in one sale or by separate, sales. Lender shall be entitled to bid at any public sale on all or any portion of the Property; Election of Remedies. All of Lender's rights and remedies will be cumulative and may be exercised alone or together. An election by Lender to choose any one remedy will not bar Lender from using any other remedy. If Lender decides to spend money or to perform any of Grantor's obligations under this Mortgage, after Grantor's failure to do so, that decision by Lender will not affect Lender's right to declare Grantor in default and to exercise Lender's remedies. Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Mortgage, Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and upon any appeal. Whether or not any court action is involved, and to the extent not prohibited by law, all reasonable expenses Lender incurs that in Lender's opinion are necessary at any time for the protection of its interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph include, without limitation, however subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses, Whether or not there is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services, the cost of searching records, obtaining title reports (including foreclosure reports), surveyors' reports, and appraisal fees and title insurance, to the extent permitted by applicable law. Grantor also will pay any court costs, in addition to all other sums provided by law. Note.. The word "Note" means the promissory note dated February 6, 2006 in the original principal amount of $40,000.00 from Grantor to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for the promissory note or agreement. Miscellaneous Provisions. The following miscellaneous provisions are a part of this Mortgage: Governing Law. This Mortgage will be governed by federal law applicable to Lender and, to the extent not preempted by federal law, the laws of the Commonwealth of Pennsylvania without regard to Its conflicts of law provisions. This Mortgage has been accepted by Lender in the Commonwealth of Pennsylvania. Time is of the Essence. Time is of the essence in the performance of this Mortgage. Definitions. The following words shall have the following meanings when used in this Mortgage: MORTGAGE Loan No: 400213248 (Continued) Page 5 Borrower. The word "Borrower" means Lawrence J. Legore and Kathryn A. Legore and includes all co-signers and co-makers signing the Note and all their successors and assigns. Environmental Laws. The words "Environmental Laws" mean any and all state, federal and local statutes, regulations and ordinances relating to the protection of human health or the environment, including without limitation the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, at seq. 1"CERCLA"), the Superfund Amendments and Reauthorization Act of 1986, Pub. L. No. 99-499 ("SARA"), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq., or other applicable state or federal laws, rules, or regulations adopted pursuant thereto. Event of Default. The words "Event of Default" mean any of the events of default set forth in this Mortgage in the events of default section of this Mortgage. Grantor. The word "Grantor" means Lawrence J. Legore and Kathryn A. Legore. Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation party to Lender, including without limitation a guaranty of all or part of the Note. Indebtedness. The word "Indebtedness" means all principal, interest, and other amounts, costs and expenses payable under the Note or Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and substitutions for the Note or Related Documents and any amounts expended or advanced by Lender to discharge Grantor's obligations or expenses incurred by Lender to enforce Grantor's obligations under this Mortgage, together with interest on such amounts as provided in this Mortgage. Lender. The word "Lender" means COMMERCE BANK/HARRISBURG N.A., its successors and assigns. The words "successors or assigns" mean any person or company that acquires any interest in the Note. Mortgage. The word "Mortgage" means this Mortgage between Grantor and Lender. Note. The word "Note" means the promissory note dated February 6, 2006, in the original principal amount of $40,000.00 from Grantor to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for the promissory note or agreement. NOTICE TO GRANTOR: THE NOTE CONTAINS A VARIABLE INTEREST RATE. Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal property now or hereafter owned by Grantor, and now or hereafter attached or affixed to the Real Property; together with all accessions, parts, and additions to, all replacements of, and all substitutions for, any of such property; and together with all proceeds (including without limitation all insurance proceeds and refunds of premiums) from any sale or other disposition of the Property. Property. The word "Property" means collectively the Real Property and the Personal Property. Real Property. The words "Real Property" mean the real property, interests and rights, as further described in this Mortgage. Rents. The word "Rents" means all present and future rents, revenues, income, issues, royalties, profits, and other benefits derived from the Property. 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 CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. GRANTOR: X ISeal) Lawrence egor xZ11. (Seal) Kathrlin A. L I R 13X- 7 6 MORTGAGE Loan No: 400213248 (Continued) Page 6 CERTIFICATE OF RESIDENCE I hereby certify, that the precise address of the mortgagee, COMMERCE BA URG N.A., herein is as follows: SIMPSON FERRY, 5032 SIMPSON FERRY ROAD, MECHANICBURG, PA INDIVIDUAL ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA 1 ? SS COUNTY OF b rc 1e r ? On this, the yrt day of FlirVar? 20 a , before me inrnt4 l?r9? the undersigned Notary Public, persppeared Lawrence J. Legore and Kathryn A. Legore, known to me (or satisfactorily proven) to be the person whose nam are subscribed to the within instrument, and acknowledged that they executed the same for the purposes ther i tained. In witness whereof, I hereunto set my hand and official 74??` COMMONWEALTH OF PENNSYLVANIA 4?? / NolaUSeal Notary Public in and for the State of Thomas P41, Jr Notary Pubic LowerA W TWp., CunbBrUnd County My CMW*jsion Expkes OcL 30,200-1 Member. Pennsylvania Assoclation Of Noted. "SERPRCLw. g.V-S.W.W.OM Copr.11„IMd Fi?r.ool SeWeo,,,. M,c. M7,2 . MfthnRw -PA R.IWIUM%~MCFIILl k=.M MISCS] M-74 I Certify this to be recorded in Cuniberla -= County PA f „der of Deeds {!c PUG 37147 i ??? LAWRENCE J LEGORE 209 W COURTLAND AVE SHIREMANSTOWN PA 17011 • I th IT I i. 3901 Paxton Streert Harrisburg • PA • 13111 myrnv 4 r*ban k.Co1T1 M.337,0004 November 12, 2010 ACT 6/91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE Take this Notice with you when you meet with the Counseling Agency. The name, address and Phone number of Consumer Credit Counseling Agencies serving vour County are listed at the end of the Notice. If you have any_yuestions you may call the Pennsylvania f lousing Finance Agency toll free at 1-800-342-2397 (Persons with impaired hearing can call (717).780-1869. This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. ST NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROrGRAMA LLAM.ADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CURL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. I.AWRENCI J LEGORE AND KATHRYN A LEGORE 209 W COURTLAND AVE SHIREMANSTOWN PA 17011 Property Address - 209 WEST COURTLAND AVE SHIREMANSTOWN, CUMBERLAND CNTY I,oan account number - 000400213248 Original lender - Metro Bank Current Lender%Servicer - Metro Bank HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: *IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE-Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing). During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY-THREE (33) DAYSOF THE DATE OF THIS NOTICE IF YOU MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES-If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and tele,,,phone numbers of designated consumer credit counseling agencies for the count in the propLrty is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE-Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to the PHFA and received within thirty (30) days of your face-to-face meeting with the counseling agency. YOU SHOULD FILE A HEMAP APPLICATIONAS SOONAS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DA YS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICA TION WITH PHFA WITHIN 30 DAYS' OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARIL YPREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE". YOU HAVE THE RIGHT TO FILER HEMAPAPPLICATION EVEN BEYOND THESE TIME PERIODS. A LA TE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSUREACTION, BUT IF YOUR APPLICATIONISEVENTUALLYAPPROVEDAT ANY TIME BEFORE A SHERIFFS SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION--Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania l lousing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time. no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE 1S FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT,TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT-The MORTGAGE debt held by the above lender on your property located at: 209 WEST COURTLAND AVE S -IIREMANSTOWN, CUMBERLAND COUNTY IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 9/10/10- $309.91, 10/10/10- $309.91,11/10/10 $309.91 & late fees in the amount of 577.24. TOTAL AMOUNT PAST DUE: $ 1,006.97. B. YOU IIAVE FAILED TO TAKE THE FOLLOWING ACTION: HOW TO CURE THE DEFAULT-You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS 1,006.97 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING TI IE THIRTY (30) DAY PERIOD. Payments must be made either by cash. cashier's check certified check or money order made payable and sent to: Metro Bank 3801 Paxton Street P.O. Box 4999 Harrisburg, PA 17111-0999 IF YOU DO NOT CURE THE DEFAULT-If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortialze debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON-The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES-The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE-If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paving the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff -s Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE-It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately six months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Metro Bank Address: 3801 Paxton Street, P.O. Box 4999 Harrisburg, PA 17111-0999 Phone Number: 717412-6893 Fax Number: (717) 909-0589 Contact Person: KELLY WALTON EFFECT OF SHERIFF'S SALE-You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff- s Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE-You may or X_may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAYOFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE. THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. 1 CONSUMER CREDIT COUNSELING AGENCIES Adams County Adams County Interfaith Housing Authority (717) 334-1518 American Red Cross - Hanover Chapter (717) 637-3768 CCCS of Western PA (888) 511-2227 Maranatha (717) 762-3285 Opportunity Inc. (717) 424-3645 Berks County American Credit Counseling Institute (888) 212-6741 American Financial Counseling Services Inc. (267) 228-7903 (800) 490-3039 Budget Counseling Center (610) 375-7866 CCCS of Lehigh Valley (610) 821-4011 (800) 837-9815 Community Action Committee (610) 691-5620 Neighborhood Housing Services of Reading (610) 372-8433 Berks County - Continued PA Interfaith Community Programs Inc. (610) 562-2288 Schuylkill Community Action (570) 622-1995 Cumberland County CCCS of Western PA (888) 511-2227 Community Action Commission of Capital Region (717) 232-9757 Maranatha (717) 762-3285 PA Interfaith Community Programs Inc. (717) 334-1518 PHFA (717) 780-3940 (800) 342-2397 Dauphin County CCCS of Western PA (888) 511-2227 Community Action Commission of Capital Region (717) 232-9757 PI IFA (717) 780-3940` (800) 342-2397 Franklin Countty Lebanon Coun Adams County Interfaith Schuylkill Community !-lousing Authority Action (717) 334-1518 (570)622-1995 Tabor Community Service, American Red Cross - Inc Hanover (717) 397-5182 Chapter (800) 788-5062 (717)637-3768 (888) 511-2227 CCCS of Western PA (888) 51 1-2227 York County Community Action Commission of Capital Adams County Interfaith !legion Housing Authority (717)232-9757 (717) 334-1518 American Red Cross - Hanover Maranatha Chapter (717) 762-3285 (717) 637-3768 Base, Inc Lancaster Countv (717) 392-5467 American Credit Counseling Institute CCCS of Western PA (888) 212-6741 (888`) 511-2227 Housing Alliance of York Base, Inc (717) 854-1541 (717) 392-5467 (800) 788-5062 CCCS of Lehigh Valley (610) 821-4011 (800) 837-9815 CCCS of Western PA (888) 511-2227 1 ) KATHRYN A LEGORE 209 W COURTLAND AVE SHIREMANSTOWN PA 17011 14ETRO BANK M Paxton Stmt Harrisburg , PA - 17' 11 rnvtnetrob..3nk.cam f3138.937.9004 November 12. 2010 ACT 6/91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE to The name, address and phone number of Consumer Credit Counseling Agencies servingyour County are listed at the end of the Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780-1869. This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL" PROGRAMA LLAM.ADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counselins Asency. LAWRENCE J LEGORE AND KATHRYN A LEGORE 209 W COURTLAND AVE SHIREMANSTOWN PA 17011 Property Address - 209 WEST COURTLAND AVE SHIREMANSTOWN, CUMBERLAND CNTY Loan account number - 000400213248 Original lender - Metro Bank Current Lender/Servicer - Metro Bank HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: *IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE-Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing). During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY-THREE (33) DAYS OF THE DATE OF THIS NOTICE IF YOU MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE. DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES-If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names; addresses and telephone numbers of 1 1 1 designated consumer credit counseling agencies for the county in which the protrerty is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE-Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to the P1-IFA and received within thirty (30) days of your face-to-face meeting with the counseling agency. YOU SHOULD FILER HEMAPAPPLICATIONAS SOONAS POSSIBLE. IF YOU HAVEA MEETING WITH A COUNSELING AGENCY WITHIN 33 DA YS OF THE POSTMARK DATE OF THIS NOTICE AND FILE ANAPPLICA TION WITH PHFA WITHIN30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED, TEMPORARYSTAYOFFORECLOSURE-. YOU HAVE THE RIGHT TO FILEA HEMAPAPPLICATION EVEN BEYOND THESE TIME P E R I O D S . A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSUREACTION, BUT IF YOUR APPLICATION IS EVENTUALLYAPPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION---Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (64) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Brim it up to date). NATURE OF THE DEFAULT-The MORTGAGE debt held by the above lender on your property located at: 209 WEST COURTLAND AVE SHIREMANSTOWN, CUMBERLAND COUNTY IS SERIOUSLY IN DEFAULT because: A. YOU I IAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 9/10/10- $309.91,10/10/10 $309.91, 11/10110- $309.91 & late fees in the amount of $77.24. TOTAL AMOUNT PAST DUE: $ 1,006.97. B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION: HOW TO CURE THE DEFAULT-You may cure the default within "THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS 1,006.97 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: Metro Bank 3801 Paxton Street P.O. Box 4999 Harrisburg, PA 17111-0999 IF YOU DO NOT CURE THE DEFAULT-If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON-The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES-The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE-If you have not cured the default within the TIIIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paying the total amount then past due plus any late or other charges then due reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE-It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately six months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Metro Bank Address: 3801 Paxton Street, P.O. Box 4999 Harrisburg, PA 17111-0999 Phone Number: 717412-+6893 Fax Number: (717) 909-0589 Contact Person: KELLY WALTON EFFECT OF SHERIFF'S SALE-You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE-You may or _X_may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT; • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAYOFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO FIAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGI IT TO CURE YOUR DEFAULTMORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. 9 TO SEEK. PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES Adams County Adams County Interfaith Housing Authority (717)334-1518 American Red Cross - Ilanover Chapter (717) 637-3768 CCCS of Western PA (888) 511-2227 Maranatha (717) 762-3285 Opportunity Inc. (717) 424-3645 Berks County American Credit Counseling Institute (888) 212-6741 American Financial Counseling Services Inc. (267) 228-7903 (800) 490-3039 Budget Counseling Center (610) 375-7866 CCCS of Lehigh Valley (610) 821-4011 (800) 837-9815 Community Action Committee (610) 691-5620 Neighborhood Housing Services of Reading (610) 372-8433 Berks Countv - Continued PA Interfaith Community Programs Inc. (610) 562-2288 Schuylkill Community Action (570) 622-1995 Cumberland County CCCS of Western PA (888) 511-2227 Community Action Commission of Capital Region (717) 232-9757 Maranatha (717) 762-3285 PA Interfaith Community Programs Inc. (717) 334-1518 PHFA (717) 780-3940 (800) 342-2397 Dauphin County CCCS of Western PA (888) 511-2227 Community Action Commission of Capital Region (717) 232-9757 PHFA (717) 780-3940 (800) 342-2397 Franklin County Lebanon County Adams Countv Interfaith Schuylkill Community Housing Authority Action (717) 334-1518 (570) 622-1995 Tabor Community Service, American Red Cross - Inc Hanover (717) 397-5182 Chapter (800) 788-5062 (717)637-3768 (888) 511-2227 CCCS of Western PA (888) 511-2227 York County Community Action Commission of Capital Adams County Interfaith Region Housing Authority (717) 232-9757 (717) 334-1518 American Red Cross - Hanover Maranatha Chapter (717) 762-3285 (717) 637-3768 Base, Inc Lancaster County (717) 392-5467 American Credit Counseling Institute CCCS of Western PA (888)212-6741 (888) 511-2227 Housing Alliance of York Base, Inc (717) 854-1541 (717) 392-5467 (800) 788-5062 CCCS of Lehigh Valley (610) 821-4011 (800) 837-9815 CCCS of Western PA (888) 511-2227 i 4 ? j ? LL mm ?m LL rY 0 U m C O C b m g E ° 1 ` 0 W ¢ j F- !t o SE9h '1020 0000 090T O 'COZ N k oa p - 9 V ? 16 (n N z 1 ? 3 ? E6 m p CC Ln 1 -0 ? a 13 z T ' - O . m r m r C ( C .7 V } N w ¢ ? ? O O d ao d ?i o l n o? a E m aJ 'a r- N N O !' I ?mmrmm ? ? cq E ... m r ? lQ ? N Vl ?j m ? ?•- O Ti E O C m t r U N mQ 3 °i a $ l z = v '? o±mao U NQ o dr r 11 N g i a E 5 m I S O 0 C%j m m LL C9 UL co a " &A • 0 nS zyQ LL V ¢ > LL W A 2C ?G `D cc m w Diu 2h9h T020 0000 090 '1 0°C0z v 7 ..0 rl 0 n, D C3 C3 C3 0 0 C3 r-I 0 rl 0 a E 8 m? 2 Gm ? H ? r E co z ch 0 N 0 "0 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff F1 L E -OFF 10 - '?1' G? l'. ' ?I21tp Jody S Smith 01 Y1r PR0 T H 0 P Chief Deputy 2011 FEB I I P 1: 17 Richard W Stewart t 1 g p p? t, SOI%CItOr 4 !r'UM'BErriLr, /'-,t1;D COUlIT"' PEENS 4 L,i^A '4111 ? Metro Bank f/k/a Commerce Bank Case Number vs. Kathryn A. Legore (et al.) 2011-682 SHERIFF'S RETURN OF SERVICE 02/09/2011 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that on February 9, 2011 at 1041 hours this Complaint in Mortgage Foreclosure upon defendant Lawrence J. Legore is returned not served per request from Attorney Heather J. Kelly. 02/09/2011 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that on February 9, 2011 at 1041 hours this Complaint in Mortgage Foreclosure upon defendant Kathryn A. Legore is returned not served per request from Attorney Heather J. Kelly. SHERIFF COST: $44.44 SO ANSWERS, February 09, 2011 RON R ANDERSON, SHERIFF c: q - ,-ocs"ft Ir". fItED-OFFICE OF THE PROTHONOTARY Melissa Van Eck, Esquire Sup. Ct. I.D. No. 85869 Heather Z. Kelly, Esquire Sup. Ct. I.D. No. 86291 METTE, EVANS & WOODSIDE 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0959 Phone: (717) 232-5000 Fax: (717) 236-1816 mlvaneck@mette.com METRO BANK, f/k/a COMMERCE BANK/HARRISBURG, N.A. Plaintiff V. LAWRENCE J. LEGORE and KATHRYN A. LEGORE, Defendants 2011 JUN 22 AM 11: 23 CUMBERLAND COUNTY PENNSYLVANIA COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil Action No.: 11-64 Civil Action - Law PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Please mark the above-matter discontinued without prejudice. Respectfully submitted, METTE, EVANS & WOODSIDE By: Melissa L. Van Eck, Esquire Sup. Ct. I.D. No. 85869 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 - Phone mlvaneck@mette.com Attorneys for Plaintiff Metro Bank, f/k/a Commerce Bank/Harrisburg, N.A. Date: June 21, 2011