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11-1177
FILED-OFFICE HE P (? t T V 7j 6;ON ON 0 l rA ie "'-11I FEB -! AM I!: .if, ' CUMBERLAND COUNTY PENNS (L??? ?r1 METTE, EVANS & WOODSIDE Timothy A. Hoy, Esquire Attorney I.D. No. 47597 Heather Z. Kelly Attorney I.D. No. 86291 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 (717) 236-1816 (fax) METRO BANK, f/k/a Commerce IN THE COURT OF COMMON PLEAS OF Bank/Harrisburg, N.A., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : V 1' DOCKET NO. / V77 RICHARD P. HART, Jr. and NANCIE J. HART, 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 /010 S' 7 AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO 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 s 1. Plaintiff is a Pennsylvania banking institution with an address at 3801 Paxton Street, Harrisburg, PA 17111. 2. Defendants Richard P. Hart, Jr. and Nancie J. Hart, husband and wife (the "Harts"), are adult individuals with an address at 5154 Kylock Road, Mechanicsburg, PA 17055. 3. On May 29, 2007, Defendants executed a Promissory Note in favor of Plaintiff in the original principal amount of One Hundred Forty Thousand Seven Hundred Ninety Dollars ($140,790) (the "Note"). A true and correct copy of the Note is attached hereto as Exhibit "A" and made a part hereof. 4. Defendants' payment and performance of their obligation under the Note are secured by a security interest in the real property located at 5154 Kylock Road, Mechanicsburg, Cumberland County, Pennsylvania, which security interest is created by a Mortgage dated May 29, 2007, executed by Defendants as Borrower in favor of Plaintiff as Lender and recorded on July 11, 2007 in the Cumberland County Recorder of Deeds Office at Bk 1999 pg 1378. 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 5154 Kylock Road, Mechanicsburg, 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 and secured by the Mortgage from December 2, 2009 to the present. 2 s 8. Notice of such default and the Defendant's rights under the Homeowner's Emergency Mortgage Assistance Act of 1983 was provided to Defendants on February 3, 2010 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 subsequently filed an application for the PHFA Homeowner's Emergency Mortgage Assistance Program on February 24, 2010, which application was subsequently denied. A true and correct copy of Defendants' application for mortgage assistance and denial thereof is attached here to as Exhibit "D" and made a part hereof. 10. As of January 26, 2011, the amount of Defendants' indebtedness under the Note and secured by the Mortgage is $147,169.24, which is computed as follows: Principal $132,989.58 Interest as of 1/26/11 $11,844.31 Late fees as of 1/26/11 $1,835.35 Attorneys fees 500.00 Total $147,169.24 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 Defendant in the amount of $147,169.24 plus continuing interest at a rate of 7.240% as provided for in the Note, as well as continuing costs, attorneys' fees and expenses, and authorizing sale of the Real Property by the Sheriff of Cumberland County on such Judgment in Mortgage Foreclosure. Respectfully submitted, METTE, EVANS & WOODSIDE I Timothy A. Hoy, squire Sup. Ct. I.D. No. 47597 Heather Z. Kelly, Esquire Sup. Ct. I.D. No. 86291 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 (717) 236-1816 (fax) Attorneys for Plaintiff Date: January 31, 2011 4 VERIFICATION I, David M. Chajkowski, Asset Recovery Officer at Plaintiff Metro Bank f/k/a Commerce Bank/Harrisburg, N.A., have read the foregoing Complaint in Mortgage Foreclosure and verify that the facts set forth therein are true and correct according to the best of my knowledge, information and belief, and that as an Asset Recovery Officer I am authorized to execute this Verification on behalf of the Plaintiff. I understand that any false statement made herein is subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. Dated: David M. Chajkowski Asset Recovery Officer ?X??,T PROMISSORY NOTE PiFindipal Loan Bate Maturity Loan No Call I Cou Acoourir Officer Tn3Li Es ' Z-%QJ '0 7 05-2.9z-20G 06-02-2Fi2_7 _ L1021 1,a?$ 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 text length limitations. Borrower: Richard P. Hart, Jr. Lender: COMMERCE BANK/HARRISBURG N.A. NanCie J. Hart CARLISLE COMMONS 5154 Kylock Road 20 NOBLE BOULEVARD Mechanicsburg, PA 17055 CARLISLE, PA 17013 (717) 249_6650 Principal Amount: $140,790.00 Interest Rate: 7.240% Date of Note: May 29, 2007 PROMISE TO PAY, i ("Borrower") jointly and severally promise to pay to COMMERCE BANK/HARRISBURG N.A. ("Lender"), or order, in lawful money of the United States of America, the principal amount of One Hundred Forty Thousand Seven Hundred Ninety & 00/100 Dollars ($140,790.00), together with interest at the rate of 7.240% per annum on the unpaid principal balance from June 2, 2007, until paid in full. The interest rate may change under the terms and conditions of the "INTEREST AFTER DEFAULT" section. PAYMENT. I will pay this loan in 240 payments of $1,112.48 each payment. My first payment is due July 2, 2007, and all subsequent payments are due on the same day of each month after that. My final payment will be due on June 2, 2027, and will be for all principal and all accrued Interest not yet paid. Payments include principal and interest. Unless otherwise agreed or required by applicable law, payments will be applied first to any accrued unpaid interest: then to principal; then to any late charges; and then to any unpaid collection costs. Interest on this Note is computed on a 3651365 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. 1 will pay Lender at Lender's address shown above or at such other place as Lender may designate in writing. 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 aesult 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 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 4999 HARRISBURG, PA 17111-0999. LATE CHARGE. If a payment is 15 days or more late, i will be charged 5.000% of the regularly scheduled payment. INTEREST AFTER DEFAULT. Upon default, including failure to pay upon final maturity. the 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 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: 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 it f 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 Collateralization. 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 of any of the indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, of 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 (12) months, it may be cured if ), after receiving written notice from Lender demanding cure of such default: (1) cure the default within fifteen 05) 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. a, PROMISSORY NOTE Loan No: 400215443 (Continued) Page 2 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 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 will be governed by federal law applicable to Lender and, to the extent not preempted by federal law, the laws of the Commonwealth of Pennsylvania without regard to its conflicts of law provisions. This Note has been accepted by Lender in the Commonwealth of Pennsylvania. RIGHT OF SETOFF. To the extent permitted by applicable law. Lender reserves a right of setoff in all my accounts with Lender (whether checking, savings, or some other account). This includes all accounts i hold jointly with someone else and all accounts I may open in the future. However, this does not include any IRA or Keogh accounts, or any trust accounts for which setoff would be prohibited by law. I authorize Lender, to the extent permitted by applicable law, to charge or setoff all sums owing on the indebtedness against any and all such accounts. COLLATERAL. i acknowledge this Note is secured by 5154 Kylock Road, Mechanicsburg, Upper Allen Township, Cumberland County, PA 17055; a 2004 Lexus SW; One 0) Caterpillar Backhoe. SUCCESSOR INTERESTS. The terms of this Note shall be binding upon me, and upon my heirs, personal representatives, successors and assigns, and shall inure to the benefit of Lender and its successors and assigns. NOTIFY US OF INACCURATE INFORMATION WE REPORT TO CONSUMER REPORTING AGENCIES. Please notify us if we report any inaccurate information about your accounds) 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 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 or remedies under this Note without losing them. 1 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 Irepeatedly 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 loan without the consent of or notice to anyone other than the party with whom the modification is made. The obligations under this Note are joint and several. This means that the words "I", "me', and "my" mean each and all of the persons signing below. PRIOR TO SIGNING THIS NOTE, 1, 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. SEAL AUNDER CCORDING TO LAW, IS INTENDED THAT THIS N IS D HAL CONS IT TE AND HAVE THE EFFECT OF A f AND SERI NO E IS GIVEN BORROWER: NOTICE TO COSIG Seal) 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 H 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 4 become a part of YOUR credit record. This notice Is not the contract that makes you liable for the debt. IAWA ~ tsno!q v., IN f0 Caw. NMri Jn,raY 1fi,N?A,. - .fir, ffPr A! ppl,r AM„w/ . }A N.uWNAW?µ fIMNN:N1lR1C.Oft lP.7I51t f4)? ?X???, ; 03 Parcel Identification Number- 42-26-0247-039 RECORDATION REQUESTED BY: COMMERCE BANK/HARRISBURG N.A. CARLISLE COMMONS 20 NOBLE BOULEVARD CARLISLE, PA 17013 WHEN RECORDED MAIL TO: COMMERCE BANKIHARRISBURG N.A. LOAN SERVICING 3801 PAXTON STREET HARRISBURG, PA 17111-1418 ?0?? AL SEND TAX NOTICES TO: Richard P. Hart, Jr. Nancie J. Hart 5154 Kylock Road Mechanicsburg, PA 17055 FOR RECORDER'S USE ONLY Amount Secured Hereby: $140,790.00 MORTGAGE THIS MORTGAGE dated May 29, 2007, is made and executed between Richard P. Hart, Jr.; and Nancie J. Hart, whose address is 5154 Kylock Road, Mechanicsburg, PA 17055 (referred to below as "Grantor") and COMMERCE BANK/HARRISBURG N.A., whose address is 20 NOBLE BOULEVARD, CARLISLE, PA 17013 (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 !irr.!tation all minerals, oil, aas, opothermal and similar matters, (the "Real Property") located in Cumberland County, Commonwealth of Pennsylvania: See Exhibit "A", which is attached to this Mortgage and made a part of this Mortgage as if fully set forth herein. The Real Property or its address is commonly known as 5154 Kylock Road, Mechanicsburg, PA 17055. The Real Property parcel identification number is 42-26-0247-039. 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. 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. 81( 1999PC,1 1$ MORTGAGE Loan No: 400215443 (Continued) Page 2 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, defend, 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 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, 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. If any Grantor is a corporation, partnership or limited liability company, transfer also includes any change in ownership of more than twenty-five percent (25%) of the voting stock, partnership interests or limited liability company interests, as the case may be, of such Grantor. 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 the Existing Indebtedness referred to in this Mortgage or 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 requires interest to be paid, Lender shall not be required to pay Grantor any interest or earnings on the Escrow t Pb ; 7 9 MORTGAGE Loan No: 400215443 (Continued) Page 3 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 Lander, 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, (3) to make repairs to the Property or to comply with any obligation to maintain Existing Indebtedness in good standing as required below, then Lender may do so. It 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 the Existing Indebtedness section below 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. Existing Indebtedness. The following provisions concerning Existing Indebtedness are a part of this Mortgage: Existing Lion. The lien of this 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 Indebtedness and to prevent any default on such indebtedness, any default under the instruments 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 performs all the obligations imposed upon Grantor under this Mortgage, Lander 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. Existing 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 evidencing such indebtedness, or a MORTGAGE Loan No: 400215443 (Continued) Page 4 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. 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, 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 law, Grantor hereby waives any and all right to have the Property marshalled. In exercising its rights and remedies, Lender shall be free to sell all or any part of the Property together or separately, in one sale or by separate sales. Lender shall be entitled to bid at any public sale on all or any portion of the Property. Election of Remedies. All of Lender's rights and remedies will be cumulative and may be exercised alone or together. An election by Lender to choose any one remedy will not bar Lender from using any other remedy. If Lender decides to spend money or to perform any of Grantor's obligations under this Mortgage, after Grantor's failure to do so, that decision by Lender will not affect Lender's right to declare Grantor in default and to exercise Lender's remedies. Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Mortgage, Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and upon any appeal. Whether or not any court action is involved, and to the extent not prohibited by law, all reasonable expenses Lender incurs that in Lender's opinion are necessary at any time for the protection of its interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand and shall 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, MORTGAGE Loan No: 400215443 (Continued) Page 5 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: Borrower. The word "Borrower" means Richard P. Hart, Jr.; and Nancie J. Hart 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. ("CERCLA'), the Superfund Amendments and Reauthorization Act of 1966, 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, at seq., or other applicable state or federal laws, rules, or regulations adopted pursuant thereto. Event of Default. The words "Event of Default" mean any of the events of default set forth in this Mortgage in the events of default section of this Mortgage. Existing Indebtedness. The words "Existing Indebtedness" mean the indebtedness described in the Existing Liens provision of this Mortgage. Grantor. The word "Grantor" means Richard P. Hart, Jr.; and Nancie J. Hart. 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 May 29, 2007, in the original principal amount of $140,790.00 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. 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. Related Documents. The words 'Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness. Rents. The word "Rents" means all present and future rents, revenues, income, issues, royalties, profits, and other benefits derived from the Property. Bf1 1 99S 21 G s 0021, f MORTGAGE Loan No: 400215443 (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 CONSTITUTE AND HAWtH£ EFFECT OF A, SEALED INSTRUMENT ACCORDING TO LAW. GRANTOR: X ancie J. H CERTIFICATE OF RESIDENCE i hereby certify, that the precise address of the mortgagee, COMMERCE BANK]HARRISBURG N.A., herein is as follows: CARLISLE COMMONS, 20 NOBLE BOULEVARD, CARLISLE, PA 17013 ttorney or Agent or Mortgagee INDIVIDUAL ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA ) SS COUNTY OF??-f I On this, the day of M8:4 , 20 0-i before me ",cAO t L. 1 - the undersigned Nota y Public, personally appeared Richard P. Hart, Jr. and Nanc Jiro -. Hart, known to me (or satisfactorily proven) to be the person whose names are subscribed to the within instrument, and acknowledged that they executed the same for the purposes therein con 7 ed. In witness whereof, I hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Megan L Veach, Notary Public Notary Public in a or the State of _ Womieysburg Born, Cumberlartl0a ly My Commission Expires Nov. 9, 2009 Member, Pennsylvania Association of Notaries L&M OW Lr "W Vr. 1'3"MgW GP. HWLW F-W lYw- M UR, I=, Y r1-ilrw?. , M M!1M?MY161L/Ww11CI111.0.1001.fC Aia,? M74 SK J 1'13 r1 0 EXHIBIT "A" ALL THAT CERTAIN tract, pied or parcel of land situate in the Upper Allen Township Cumberland County, Pennsylvania, more particularly bounded and described as Maws, to wits BEGINNING at a point on the eastern legal right of way of Kylock Road at the northwest comer of land NIF Mark E. Nelson and Nanny J, Nelson; thence along the eastern tagal right of way of Kylock Road, North 41 degreea 39 minutes 25 seconds West a distance of 82,48 feet b a point; THENCE along the same by a curve to the right having a radius of 25.00 feet, an arch length of 30.73 feet, a chord bearing of North 08 degrees 28 minutes 44 saconds West, and a chord length of 28.83 feet to a point; THENCE along the same by a curve to the left having a radius of 50_00 feet, an arch length of 50.51 feet, s chord bearing of North 00 degrees 10 minutes 23 seconds West, and a chord length of 48.39 feet to a point at the common comet of said Lot No. 2 and Lot No. 3 of the hereinafter mentioned subdivision plant THENCE along a line between said Lot No. 2 and Lot No. 3, North 48 degrees 45 minutes 39 seconds East a distance of 250.19 feet to a point along the westem line of land NIF Susan M. Ritter; THENCE along the western line of said E;itter land, South 42 degrees 07 minutes 18 seconds East a distance of 231.58 feet to a pointy THENCE along the rmrftn line of land NtF Dennis L, 8vrd and Karin M. Surd and along the northern tine of land N/F Mark E. Nelson and Nancy J. Nelson, South 71 degrees 49 minutes 34 seconds West a distance of 278.82 feet to a point; THENCE along said Nelson land South 48 degrees 20 minutes 34 seconds West a distance of 45.00 feet to a point on the eastern legal right of way of Kylock Road. the point and place of BEGINNING, BEING LM NO. 2 depicted on the Final Subdivision Plan for R. }tart Enterprises, inc., said plan dated February 22, 2002, prepared by Alpha Consulting Engineers, Inc., Project Number 210544, and recorded In the Office of the Recorder of Deeds of Cumberland County in Plan Book 85, Page 55. HAVING ERECTED THEREON an attached single family dwelling municipally known and numbered as 5154 Kylock Road, w G :. t ? 31SI."3 u no 4 SUBORDINATION OF MORTGAGE. j WHEREAS, the undersigned, Commerce Bank Harrisburg, N.A, ("Mortgagee's, is the mortgagee under a certain mortgage given by Richard P. Hart, Jr. and Nancie J. Hart ("Mortgagor'), as mortgagor (s) to Mortgagee, dated December 18, 2006 in the amount of $34.079.00 and recorded in the office of the Recorder of Deeds of Cumberland County at Book 1979, Page 1242 {"Mortgage"), and which Mortgage covers the following described parcel of land, to wit: All that certain tract of land situate in Upper Allen Township, Cumberland County, State of Pennsylvania, and described as follows: 5154 Kylock Road Mechanicsburg, PA 17055 WHEREAS, Mortgagor gave a certain mortgage dated May 29', 2007, in the amount of $140,790.00 ("Lien") to Commerce Bank Harrisburg, N.A, which Lien is recorded at the Office of the Recorder of Deeds of Cumberland County at Book 1999, Page 1378. NOW, THEREFORE, in consideration of the sum of $1.00 in hand paid, the receipt whereof is hereby acknowledged, and intending to be legally bound hereby, Mortgagee, for itself and its successors and assigns, does hereby subordinate and postpone the lien of said Mortgage to that of the Lien for all purposes with the same force and effect as though the Lien had been executed and recorded prior to the execution of the Mortgage, PROVIDED, HOWEVER, that nothing contained herein shall be construed so as to impair or otherwise affect the lien of the said Mortgage against the above-described real estate or its enforceability against the Mortgagor. Witness the hand and seal of the Mortgagee this 31st day of May, 2007. Commerce Bank Harrisburg, N.A Andrew D. Johnson Director of Commercial Real Estate STATE OF Pennsylvania ss: COUNTY OF Dauphin On this, the 3 (%_ day of MA-,4 , 2007, before me, a notary public' personally appeared who acknowledged him/herself to be ' y ? t t and that he/she, being authorized to do so, executed the foregoing instrument for the purpose therein contained. In Witness Whereof, I hereunto set my hand and official COMMONWEALNotaTH OF Seal NSYI.UAi4A ! 1111A UC YXI Megan L Veach, Notary Public (A jV ?--- Wormleysburg Boro, Cumberland County Ni7 Public W Commissm Expires Nov. 9, 2009 Member, Pennsylvania Association of Notaries My commission expires ?A,nt1.? ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 200736261 Recorded On 9/1812007 At 8:35:50 AM * Instrument Type - SUBORDINATION AGREEMENT Invoice Number - 4707 User ID - KW * Grantor - COMMERCE BANK/HBG N A * Grantee - COMMERCE BANK111BG N A * Customer - SEARCH ONE * FEES STATE WRIT TAX $0.50 RECORDING FEES - $11.50 RECORDER OF DEEDS COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $17.00 *Total Pages - 3 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA of ctrye? S RECORDER O D E D - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. 1111111111111111111111111 RICHARD P HART 5154 KYLOCK RD MECHANICSBURG PA 17055 Commerce F«,. 009 Bank 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 30 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 your County are listed at the end of the Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342- 2397. (Persons with impaired hearing can call (717) 780-1869. This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE Commerce Bank / Harrisburg PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA PO Box 4999 DEL DERECHO A REDIMIR SU HIPOTECA. 3801 Paxton Street Harrisburg, PA 17111-0999 commercepc.com RICHARD P HART NANCIE J HART 5154 KYLOCK RD MECHANICSBURG PA 17055 Property Address - 5154 KYLOCK ROAD,MECHANICSBURG Loan account number - 400215443 Original lender - Commerce Bank/Harrisburg Current Lender/Servicer - Commerce Bank/Harrisburg HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: •IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND a IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE-Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing). During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY-THREE (33) DAYS OF THE DATE OF THIS NOTICE. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES--If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE-Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to the PHFA and received within thirty (30) days of your face-to-face meeting with the counseling agency. YOU SHOULD FILE A HEMAP APPLICATIONAS SOONAS POSSIBLE. IFYOUHAVEA MEETING WITHA COUNSELING A GENCY WITHIN 33 DA YS OF THE POSTMARK DA TE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORA TIL Y PREVENTED FROM STARTINGA FORECLOSUREAGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE': YOUHAVE THE RIGHT TO FILEA HEMAPAPPLICA TION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATIONIS EVENTUALLYAPPROVED ATANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION-Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT-The MORTGAGE debt held by the above lender on your property located at: 5154 KYLOCK ROAD,MECHANICSBURG IS SERIOUSLY IN DEFAULT because YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 12/2/08-$1,112.48, 1/2/09-$1,112.48, 2/2/09-$1,112.48 & late fees of $556.20. TOTAL AMOUNT PAST DUE: $3,893.64 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$3,893.64, 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: Commerce Bank, Harrisburg 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 THIRTY (30) DAY period and foreclosure proceedings have begun, you stilt 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 Sheriffs 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 he Sheriff s Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Commerce Bank, Harrisburg Address: 3801 Paxton Street, P.O. Box 4999 Harrisburg, PA 17111-0999 Phone Number: 717-412-6893 Fax Number: (717) 909-0589 Contact Person: Kelly Walton Consumer Collection Specialist EFFECT OF SHERIFF'S SALE-You should realize that a Sheriff s Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff s Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE-You may or X_may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES ADAMS COUNTY Adams County Interfaith Housing Authority (717) 334-1518 BERKSCOUNTY American Credit Counseling Institute (888) 212-6741 Budget Counseling Center (610) 375-7866 CUMBERLAND COUNTY CCCS of Western PA (888) 511-2227 Maranatha (717) 762-3285 Community Action Commission (717) 232-9757 DAUPHIN COUNTY PHFA (717) 780-3940 Community Action Commission (717) 232-9757 FRANKLIN COUNTY Maranatha (717) 762-3285 LEBANON COUNTY Schuylkill Community Action (570) 622-1995 Tabor Community Service, Inc. (717) 397-5182 LANCASTER COUNTY Tabor Community Services, Inc (717) 397-5182 PERRY COUNTY Community Action Commission (717) 232-9757 CCCS of Western PA (888) 511-2227 Maranatha (717) 762-3285 YORK COUNTY Housing Alliance of York (717) 854-1541 Adams County Interfaith Housing Authority (717) 334-1518 NANCIE J HART 5154 KYLOCK RD MECHANICSBURG PA 17055 w ,'a Also 80 ???h .? t O red a • Attach t can return the qCW" the rgyeree hls Card to the card to you. r s on the front N Vow back of the malt 1. ankleper?"Its. a. ? Agent ¦ Carr?pgte /t f ft) *d v Ad, r4em 4 N ? Y, 2. aw 3. D. rs c Date o. - --. _ ¦ pmt Your need eitytn to Plete lY so Um we N ? e' c?tre?„irrom Item r? -""-,- LS can retm thaddre;s e Card toff revers f7G Y addrem ??ow: ? Yes or caul to the ba front ck ck of You. p a if spate p of the ma??P1ece A P •? `eta: Mlt 2. And N b lr Q13 Moll Mall "m i for ?fio'm38y1,?e 7?fl ? uarY2p $ DSao Doan zz? 96 q$ .. Rerum ? t AM* der ............ . Y?i34p' ,L Form 3$11, Feb?uarY2004 mob Ln 1f+ .a n^ cr? pft4w Fef D ? a°QSbrr.? IS CZ Vices r;? $ 4 A a Cl Agent b. l2 Hate red of Owive uYEAa ? ?T??te?n 1p p as nesa below: p No aWs" Mall p ?nsured Malt Lp7 apt for Miee p 9'6 95 ? x?e 94'0 v WWI v a? u- pO'Wre v v Q lE' unt C:j 1 v rotelAa Fad c a '>r To• _ E-j 4 « ,.....l..? ALL STATE LEGAL SUPPLY CO. ONE COMMERCE DRIVE, CRANPORD, NEW JERSEY OMW o EO12-D • • ?i ?X? PHFA HOMEOWNER'S ERiEkGENC1' bIORTG4GE' A5??STArCE ?'?ZQGR?M To: Commerce Bank Date: 2/24/2009 3801 Paxton Street PO Box 4999 Acct. No. 400215443 Harrisburg, PA 17111-0999 Homeowner Name: Richard Hart Nancie Hart MORTGAGE'CR_EDIT_ INFOR__T QL SI€EET` ,rti, Please return to the counseling agency listed below within 15 days so the application can be forwarded t ? to Pennsylvania Housing Finance Agency on a timely basis. Consumer Credit Counseling of W PA Telephone. 412-390-1300 Ext 108 2403 Sidney Street Fax: 412-390-1336 Pittsburgh, PA 15203 Counselor: Sheila Mitchell 1 (we) authorize the release of my (our) mortgage credit information which will be used by the PA Housing Finance 1 05 Agency to aid them in making a prompt decision on our app) cation„ Applicant`s Signature: Co-Applicant's Signature: The above named mortgagor has applied to the HE APP ram for aid with their delinquent mortgage- The following information will help us to make a promp ctsion to assist the borrower to bring current their loan with your organization. All information will be kept confidential. Please include a mortgage credit history and an appraisal if available. 1. Mortgagor's Name 2. Property address in foreclosur 3. Terns of Mortgage: a.) Original amount b.) Term c.) Interest-Rate d.) Monthly Due Date e.) Date Loan Originated f.) Purpose of Loan 4. Type of Loan (conventional, 1 5. Present Mortgage Balance 6. Monthly Payments: a.) Principal and Interest b.) Escrow Pymts: Insurance bi A 711 If yes, date of next rate adjustment? If no escrow, please indicate (N/A) for "not applicable". c.) TOTAL MONTHLY PAYMENT: 7. Amount of Delinquency: a.) Principal, _ b.) Interest r7,' c.) Escrow J31 A d.) Late Charges 1 g , e.) Miscellaneous --- TOTAL DELINQUENCY `IS. VAA JA p , as ofn1ftF6--\ S1 le 8. If this is an FHA mortgage, was it FHA Title II? 9. List dates of other foreclosure notice sent to these homeowners 10. Date of last foil payment: to what month was it applied 11. Mortgage Investor 12. Investor Loan Number /1\3. Mortgage Insurance Co. t n ALI Aut c rii d-Bla-tilt Signature Date Phone # Ext. J Fax # SS# 149-76-4852 2Mg SS# 176-52-7285 You will be contacted if approved, so 800#'s are not acceptable, unless an extension is given credit-1 .? u \a R/E Taxes ti? to APPENDIX W a; J? Notification of Face-to-Facee Meeting Date: 2/2412009 Commerce Bank 3801 Paxton Street PO Box 4999 105 Phone: 412-390-1300 Ext 108 Harrisburg, PA 17111-0999 ??? Fax: 412-390-1336 Mortgagee Name & Address In accordance with the Pennsylvania Homeowner's Emergency Mortgage Assistance Program (Act 91 of 1983), this is to inform you that we have been approached for mortgage counseling assistance by: Richard Hart Nancie Hart _ 5154 Kylock Road Mechanicsburg PA 17055 (Name and Address of Applicant) 400215443 (Mortgage Loan Number) This counseling agency has had a face-to-face meeting with the above-name applicant on 212412009 , who indicated that they are more than 60 days delinquent on their mortgage payments and have received an Act 91 Notice of Homeowners' Emergency Mortgage Assistance Program dated 2/312009 from: Commerce Bank 3801 Paxton Street PO Box 4999 Harrisburg, PA 17111-0999 (Name and Address of Mortgagee) In accordance with the Homeowner's Emergency Mortgage Assistance Act, this is to inform you that: 1. Within 30 days from the date of this notice, we intend to forward an application to the Pennsylvania Housing Finance Agency, Homeowners' Emergency Mortgage Assistance Program on behalf of the above-mentioned applicant(s). 2. 13y a copy of this Notice, we are notifying any other mortgagees identified by the applicant(s) 3. No legal action to enforce the mortgage may occur if a timely application is filed. The homeowner(s) must have a face-to-face meeting with a Consumer Credit Counseling Agency with 33 days from the date of the Act 91 Notice and an application must be received by PHFAJHENW within 30 days of the face-to-face meeting in order to be protected by this forbearance period. Name of Counseling Agency CCCS of W. PA Address 2403 Sidney Street Pittsburgh, PA 15203 Telephone No. 412-390-1300 The PA Housing Finance Agency can be reached TOLL FREE at 1(800) 342-2397 or 1(717) 780-3940 appendixb-1 Pennsylvania V *owners' Emergency Housing Finance A E-Z h__t?ae Assistance Loan Program Payments: 211 North Front Street, P.O. Box 15206 Harrisburg, PA 17105-5206 Correspondence: 211 North Fran Street, P.O. Box 13530 Harrisburg, P.4 17105-5530 (717) 780-3940 1-800-342-2397 FAX (717) 780-3995 TTY (717) 780-1869 March 26, 2009 COMMERCE BANK, HARRISBURG N.A. 3801 PAXTON STREET P.O. BOX 4999 HARRISBURG, PA 17111 Dear Lender: Be advised that the Pennsylvania Housing Finance Agency is in receipt of an application for mortgage assistance filed in accordance with Act 91, 1983, for the account listed below. Pursuant to Act 91, no mortgagee may commence legal action to foreclose upon its mortgage with the mortgagor during the time that the application is pending provided all time limitations as set forth in the Act were met. The Agency will make a determination of eligibility within sixty (60) calendar days of the date of receipt. The Agency will notify you within five (5) business days of making this determination. Mortgagor Date of Receipt RICHARD HART 3/20/2009 5154 KYLOCK RD MECHANICSBURG, PA 17055 Bank Loan #: 400215443 HEMAP Account #: HE0001963800 THE PENNSYLVANIA HOUSING FINANCE AGENCY Homeowners' Emergency Mortgage Assistance Program cc: SvL newappbk2/dtmdocs/H EMA P/ • ?• Pennsylvania k ieowners' Emergency Housing Finance Age._zy Moctgage Assistance Loan Program Payments: 211 North Front Stree4 P.O. "Box 15206 Harrisburg, PA 17105-5206 Correspondence: 211 North Front Street, P.O. Box 15530 Harrisburg, PA 17105-5530 (717) 780.3940 1-800-342-2397 FAX (717) 780-3995 TTY (717) 780-1869 5/15/2009 COMMERCE BANK, HARRISBURG N.A. 3801 PAXTON STREET P.O. BOX 4999 HARRISBURG, PA 17111 SUBJECT: RICHARD HART 5154 KYLOCK RD MECHANICSBURG, PA 17055 HEMAP Account #: HE0001963800 Loan #: 400215443 Your application for a HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE LOAN has been DENIED pursuant to Act 91 of 1983, 35 P.S. Section 1680.401-C et seq. and/or Agency Guidelines 12 PA Code Section 31.201 et seq. for the following reasons: DELETED IN LENDER'S COPY You may be entitled to an appeal hearing if you disagree with our decision. Requests for a hearing must be made in writing and must be submitted to the Agency within 15 days after the postmark date of this letter. Verbal requests are not acceptable. The hearing may be conducted by a telephone conference call; therefore, you must include your telephone number. You also have a right to an in-person hearing at the Agency's office in Harrisburg if you so desire. Requests for hearings must state the reason(s) that a hearing is requested and must be sent first class, registered or certified mail to: Chief Counsel - HEMAP Hearing Request, PHFA/HEMAP, 211 North Front Street, P.O. Box 15628, Harrisburg, PA, 17105-5628. The hearing request may also be faxed to the attention of Chief Counsel - Hearing Request at 717-780-4031. The Agency will attempt to schedule the hearing within thirty (30) days after the request is received. When sending your appeal, please be sure to print or type your name legibly and include your HEMAP Account Number and phone number where you may be reached during the day. You have a right to be represented by an attorney in connection with your appeal. If you cannot afford an attorney you may be eligible for Legal Services representation. You can contact a Legal Services representative toil free at 1-800-322-7572 for a referral to the office for your county. Please be aware that scheduling an appeal hearing does not necessarily stay foreclosure proceedings, DISCLOSURE OF USE OF INFORMATION OBTAINED FROM OUTSIDE SOURCE: 1. Information obtained from a property search and/or credit report. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor I I L 3 ri FEB ?J?98E???.A?;? C??1? r°t;. IDEMS `I`L5Y.?` H1 . Metro Bank F/K/A Commerce Bank vs. Richard P. Hart, Jr. (et al.) Case Number 2011-1177 SHERIFF'S RETURN OF SERVICE 02/02/2011 10:50 AM - Stephen Bender, Deputy Sheriff, who being duly sworn according to law, states that on February 2, 2011 at 1050 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Richard P. Hart Jr., by making known unto Nancie J. Hart, Wife of defendant at 5154 Kylock Road, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to her personally the said true and correct copy of the same. TEPHEN BENDER, DEPUTY 02/02/2011 10:50 AM - Stephen Bender, Deputy Sheriff, who being duly sworn according to law, states that on February 2, 2011 at 1050 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Nancie J. Hart, by making known unto herself personally, at 5154 Kylock Road, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to her personally the said true and correct copy of the same. S EPHEN BENDER, DEPUTY SHERIFF COST: $53.00 February 03, 2011 SO ANSWERS, RONN R ANDERSON, SHERIFF r , t ?r- 1 UI; b4r ?' r r? I-L METTE, EVANS & WOODSIDE Timothy A. Hoy, Esquire Sup. Ct. ID No. 47597 Heather Z. Kelly, Esquire 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. 11-1177 RICHARD P. HART, JR. and NANCIE J. HART, ; Defendants PRAECIPE TO ENTER DEFAULT JUDGMENT TO THE PROTHONOTARY: Please enter judgment by default in the above-captioned matter, in favor of the Plaintiff, Metro Bank, f/k/a Commerce Bank/Harrisburg, N.A., and against the Defendants, Richard P. Hart, Jr. and Nancie J. Hart, for failure to plead to Plaintiff's Complaint, in accordance with Rule 1037(b) of the Pennsylvania Rules of Civil Procedure and assess Plaintiff damages in the amount of $147,169.24 calculated as follows: 535606v1 e'l. It/,/ 40 P#Y Wily, ell# /G/ _5'l / ,?e,4 d5tl 371 Olyla Mme Principal $132,989.58 Interest as of 1/26/11 $11,844.31 Late fees as of 1/26/11 $1,835.35 Attorneys Fees 500.00 Total $147,169.24 Interest, attorney's fees, costs and expenses continue to accrue. I hereby certify that the Notice of Default attached hereto as Exhibit "A" was forwarded to Defendants, Richard P. Hart, Jr. and Nancie J. Hart on February 24, 2011 in accordance with Rule 237.1 of the Pennsylvania Rules of Civil Procedure. There is no attorney of record. Respectfully submitted, METTE, EVANS & WOODSIDE By: Heather Z. Kelly, squire Sup. Ct. ID No. 86291 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 Attorneys for Plaintiff Date: March ? , 2011 HEATHER Z. KELLY, ESQ. METTE2 EVANS & WOODSIDE A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 3401 NORTH FRONT STREET P.O. BOX 5950 HARRISHURG, PA 17110-0950 IRS NO. 23-1985005 TELEPHONE FAX (717) 232-5000 (717) 236-1816 HTTF;//W W W-METTE.COM DIRECT DIAL (717) 231-5288 E-MAn, ADDREss bzkelly©mette.com February 24, 2011 Nancie J. Hart 5154 Kylock Road Mechanicsburg, PA 17055 Certificate of Mailing Re: Metro Bank f/k/a Commerce Bank/Harrisburg, N.A. v. Richard A Hart, Jr. and Nancie J. Hart Cumberland County C. C. P.; No.: 2011-1177 Dear Mrs. Hart: Enclosed you will find an Important Notice in the above-referenced matter. Please respond accordingly. Very truly yours, Heather Z. Kelly HZK/pml Enclosure cc: Kelly Walton (w/enclosure) 535248vl U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: Heather Z. Kelly, Esquire i Mette, Evans & Woodside i 3401 North Front Street \ Harrisburg, PA 17110-0950 One piece of ordinary mail addressed to: Nancie J. Hart 5154 Kylock Road Mechanicsburg, PA 17055 - p o 0 0 ? a 0? N ?' o ? M1 O o o: Y M1 LL C14 W ` ?e S o NO d wn o o ? PS Form 3817, Mar. 1989 METTE, EVANS & WOODSIDE Timothy A. Hoy, Esquire Sup. Ct. I.D. 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 - Phone (717) 236-1816 - Fax METRO BANK f/k/a COMMERCE BANK/HARRISBURG, N.A., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. RICHARD P. HART, JR. and NANCIE J. HART, Defendants TO: Nancie J. Hart. 5154 Kylock Road Mechanicsburg, PA 17055 : DOCKET NO. 2011-1177 DATE OF NOTICE: February 24, 2011 EMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 1-800-990-9108 717-249-3166 Respectfully submitted, METTE, EVANS & WOODSIDE &za? Z' ;ezz? Timothy A. Hoy, squire Sup. Ct. I.D. 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: February 24, 2011 535246v1 4 -METTE9 EVANS & WOODSIDE A PROFESSIONAL CORPORATION ATTORNEYS AT LAW HEATHER Z. KELLY, ESQ. 3401 NORTH FRONT STREET P.O. BOX 5950 HARRISBURG, PA 17110-0950 IRS NO. 23-1985005 TELEPHONE FAX (717) 232-5000 (717) 238-1818 HT TP:?/ W-1 .METTE. COM February 24, 2011 Richard P. Hart, Jr. 5154 Kylock Road Mechanicsburg, PA 17055 DIRECT DIAL (717) 231-5288 E-MAIL ADDRESS kzkelly@mette.com Certificate of Mailing Re: Metro Bank flk/a Commerce BanklHarrisburg, N.A. v. Richard A Hart, Jr. and Nancie J. Hart Cumberland County C. C. P.; No.: 2011-1177 Dear Mr. Hart: Enclosed you will find an Important Notice in the above-referenced matter. Please respond accordingly. Very truly yours, Heather Z. Kelly HZK/pml Enclosure, cc: Kelly Walton (w/enclosure) MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT - ?•? PROVIDE FOR INSURANCE-POSTMASTER . C, j C3 Received From: Heather Z. Kelly, Esquire o Mette, Evans & Woodside ' O o 3401 North Front Street a. Harrisburg, PA 17110-0950 -- N t r- Q One piece of ordinary mail addressed to: _ a. (a C) M Richard P. Hart, Jr. s N o a Q41hin o o 5154 Kylock Road Mechanicsburg, PA 17055 535247v1 PS Form 3817, Mar. 1989 METTE, EVANS & WOODSIDE Timothy A. Hoy, Esquire Sup. Ct. I.D. 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 - Phone (717) 236-1816 - Fax METRO BANK f/k/a COMMERCE BANK/HARRISBURG, N.A., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. RICHARD P. HART, JR. and NANCIE J. HART, Defendants TO: Richard P. Hart, Jr. : DOCKET NO. 2011-1177 5154 Kylock Road Mechanicsburg, PA 17055 DATE OF NOTICE: February _24, 2011 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 1-800-990-9108 717-249-3166 Respectfully submitted, METTE, EVANS & WOODSIDE Timothy A. Hoy, Esquire Sup. Ct. I.D. 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: February 24, 2011 535245v1 METRO BANK, f/k/a COMMERCE BANK/HARRISBURG, N.A., Plaintiff V. RICHARD P. HART, JR. and NANCIE J. HART, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO. 11-1177 ENTRY OF JUDGMENT You are hereby notified pursuant to Rule 236 of the Pennsylvania Rules of Civil Procedure that Judgment has been entered against you in the amount of $147,169.24 for Plaintiff, Metro Bank, f/k/a Commerce Bank/Harrisburg, N.A. and against Defendants, Richard P. Hart, Jr. and Nancie J. Hart together with interest, attorney's fees, costs and expenses from the date of judgment until paid in full. Date: Prothonotary ?-M METRO BANK, f/k/a COMMERCE BANK/HARRISBURG, N.A., Plaintiff V. RICHARD P. HART, JR. and NANCIE J. HART, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO. 11-1177 NOTICE OF ENTRY OF JUDGMENT TO: Richard P. Hart, Jr. 5154 Kylock Road Mechanicsburg, PA 17055 You are hereby notified that on March C?_, 2011, Judgment was entered against you in the above-captioned case. Date: 3 I C?l I I , Prothonotary METRO BANK, f/k/a COMMERCE BANK/HARRISBURG, N.A., Plaintiff V. RICHARD P. HART, JR. and NANCIE J. HART, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO. 11-1177 NOTICE OF ENTRY OF JUDGMENT TO: Nancie J. Hart. 5154 Kylock Road Mechanicsburg, PA 17055 You are hereby notified that on March 9, 2011, Judgment was entered against you in the above-captioned case. Date: 31'111( Prothonotary r A METTE, EVANS & WOODSIDE Timothy A. Hoy, Esquire Sup. Ct. ID No. 47597 Heather Z. Kelly, Esquire 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 BANK/HARRISBURG, N.A., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. RICHARD P. HART, JR. and NANCIE J. HART, Defendants DOCKET NO. 11-1177 CERTIFICATE OF RESIDENCE I hereby certify that the name and address of the proper person(s) to receive this notice is: Richard P. Hart, Jr. Nancie J. Hart 5154 Kylock Road 5154 Kylock Road Mechanicsburg, PA 17055 Mechanicsburg, PA 17055 Respectfully submitted, METTE, EVANS & WOODSIDE By: Heather Z. Kelly-, Esquire Sup. Ct. ID No. 86291 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Date: March 7,2011 Attorneys for Plaintiff METTE, EVANS & WOODSIDE Timothy A. Hoy, Esquire Sup. Ct. ID No. 47597 Heather Z. Kelly, Esquire 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 BANK/HARRISBURG, N.A., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. RICHARD P. HART, JR. and NANCIE J. HART, Defendants DOCKET NO. 11-1177 AFFIDAVIT OF NON-MILITARY SERVICE I, Heather Z. Kelly, Esquire, being duly sworn according to law, depose and state that to the best of my knowledge, information and belief, the Defendants, Richard P. Hart, Jr. and Nancie J. Hart, are not in the military or Naval service of the United States or its allies, or otherwise within the provisions of the Servicemembers Civil Relief Act of 2003, 50 U.S.C. App. §501, et. seq. Respectfully submitted, METTE, EVANS & WOODSIDE By: da&, I 4?0? Heather Z. Kelly, quire Sup. Ct. ID No. 86291 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Attorneys for Plaintiff Date: March ?; 2011 N METTE, EVANS & WOODSIDE Heather Z. Kelly, Esquire Identification No. 86291 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 (717) 236-1816 (fax) METRO BANK, f/k/a COMMERCE BANK/HARRISBURG, N.A., Plaintiff v. n :zm ;z;V Z= r- am <= -r; c-; - C:i -? C D IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO. 11-1177 : CIVIL ACTION - LAW RICHARD P. HART, JR, and NANCIE J. : HART, IN MORTGAGE FORECLOSURE Defendants PRAECIPE FOR WRIT OF EXECUTION (Mortgage Foreclosure) To the Prothonotary: Issue writ of execution in the above matter: Amount Due (Judgment Amount) $147,169.24 Interest from March 9, 2011 (date of judgment) through September 7, 2011 (date of sale): $4,827.54 (Costssstto be added): d4. oo Po A71N/ 53.00 CBF 4a. 00 M 14.00 ,. 2.50 185.50 - PO A7ry 4a.oo oueco • 50 LL 537405v1 at 1oaooa ea to o019 RE w?-?+,?kwad METTE, EVANS & WOODSIDE Heather Z. Kelly, L'squire Sup. Ct. I.D. No. 86291 3401 North Front Street P.O. Box 5950 I Harrisburg, PA 17110-0950 (717) 232-5000 (717) 236-1816 (fax) Attorneys for Plaintiff METTE, EVANS & WOODSIDE Heather Z. Kelly, Esquire Identification No. 86291 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 (717) 236-1816 (fax) METRO BANK, f/k/a COMMERCE BANK/HARRISBURG, N.A., Plaintiff v. ? o rn M CO rn rn?t ?? r ,u rrnn cn y. p? ma ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 11-1177 CIVIL ACTION - LAW RICHARD P. HART, JR, and NANCIE J. : HART, IN MORTGAGE FORECLOSURE Defendants AFFIDAVIT PURSUANT TO RULE 3129.1 Metro Bank, f/k/a Commerce Bank/Harrisburg, N.A. sets forth as of the date the Praecipe for Issuance of the Writ of Execution was filed the following information concerning the real property located at 5154 Kylock Road, Mechanicsburg, Cumberland County, Pennsylvania (Parcel No. 42-26-0247-039) (the "Real Property") as more particularly described on Exhibit "A" attached hereto: 1. Name and address of owners or reputed owners of the Real Property: Richard P. Hart, Jr. and Nancie J. Hart 5154 Kylock Road Mechanicsburg, PA 17055 2. Name and address of the Defendant(s) in the judgment: Richard P. Hart, Jr. and Nancie J. Hart 5154 Kylock Road Mechanicsburg, PA 17055 3. The name and address of every judgment creditor whose judgment is a record lien on the Real Property to be sold: (a) Metro Bank, f/k/a Commerce Bank/Harrisburg, N.A. 3801 Paxton Street Harrisburg, PA 17111 (2011-1178 - Richard P. and Nancie Hart) (2011-1177 - Richard P. and Nancie Hart) (2011-869 - Richard P. and Nancie Hart) (2011-868 - Richard P. and Nancie Hart) (b) R. F. Fager, Co. 2058 State Road Camp Hill, PA 17011 (2009-4637 - Richard P. Hart, Jr.) (c) Peifer Construction Company 1365 S. Eisenhower Blvd. Harrisburg, PA 17111 (2209-5417 - Richard P. Hart and Nancie Hart) (d) Snyder's Paint Store 332 S. 10th Street Lemoyne, PA 17043 (2009-4471 - Rich Hart) (e) Doug Plunk ELA Group, Inc. 743 S. Broad Street Lititz, PA 17543 (2007-7757 - Richard Hart) (f) Upper Allen Township 100 Gettysburg Pike Mechanicsburg, PA 17055 (2008-27 - Richard Hart) (g) Integrity Bank 3345 Market Street Camp Hill, PA 17011 (2009-4991 - Richard P. and Nancie J. Hart) (h) Collins Financial Services, Inc. CIT Bank 2101 West Ben White Blvd Austin, TX 78704 (2008-03099 - Nancie Hart) 4. The name and address of the last recorded holder of every mortgage of record on the Real Property: (a) Metro Bank, f/k/a Commerce Bank/Harrisburg, N.A. 3801 Paxton Street Harrisburg, PA 17111 (b) Lezzer Holdings, Inc. 217 Schofield Street Curwensville, PA 16833 5. The name and address of every other person who has any record lien on the Real Property: None found 6. The 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 found. 7. The name and address of every other person of whom the plaintiff has any knowledge who has any interest in the property which may be affected by the sale: None found. I verify that the statements made in this affidavit are true and correct to the best of my information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Heather Z. Kelly, ttornfor Metro Bank, f/k/a Commerce Bank/Harrisburg, N.A., Plaintiff Dated: June 2, 2011 ???%? EXHIBIT "A" LEGAL DESCRIPTION Tax Parcel Number 42-26-0247-039 ALL THAT CERTAIN tract, piece or parcel of land situate in the Upper Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the eastern legal right of way of Kylock Road at the northwest corner of land N/F Mark E. Nelson and Nancy J. Nelson; thence along the eastern legal right of way of Kylock Road, North 41 degrees 39 minutes 26 seconds West a distance of 62.49 feet to a point; THENCE along the same by a curve to the right having a radius of 25.00 feet, an arch length of 30.73 feet, a chord bearing of North 06 degrees 26 minutes 44 seconds West, and a chord length of 28.83 feet to a point; THENCE along the same by a curve to the left having a radius of 50.00 feet, an arch length of 50.51 feet, a chord bearing North 00 degrees 10 minutes 23 seconds West, and a chord length of 48.39 feet to a point at the common corner of said Lot No. 2 and Lot No. 3 of the hereinafter mentioned subdivision plan; THENCE along a line between said Lot No. 2 and Lot No. 3, North 48 degrees 45 minutes 39 seconds East a distance of 250.19 feet to a point along the western line of land N/F Susan M. Ritter; THENCE along the western line of said Ritter land, South 42 degrees 07 minutes 16 seconds East a distance of 231.58 feet to a point; THENCE along the northern line of land N/F Dennis L. Burd and Karin M. Burd and along the northern line of land N/F Mark E. Nelson and Nancy J. Nelson, South 71 degrees 49 minutes 34 seconds West a distance of 278.82 feet to a point; THENCE along said Nelson land South 48 degrees 20 minutes 34 seconds West a distance of 45.00 feet to a point on the eastern legal right of way of Kylock Road, the point and place of BEGINNING. Subject to any restrictions, easements and/or adverses that pertain to this property. BEING LOT NO. 2 deploted on the Final Subdivision Plan for R. Hart Enterprises, Inc., said plan dated February 22, 2002, prepared by Alpha Consulting Engineers, Inc., Project Number 210544, and recorded in the Office of the Recorder of Deeds of Cumberland County in Plan Book 85, Page 55. HAVING ERECTED THEREON an attached single family dwelling municipally known and numbered as 5154 Kylock Road. c?? 7 7;0 -< w CD D 2„ r c)--n r rti : n METRO BANK, f/k/a COMMERCE IN THE COURT OF COMMON PLEAS OF BANKIHARRISBURG, N.A., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff DOCKET NO. 11-1177 V. CIVIL ACTION - LAW RICHARD P. HART, JR, and NANCIE J. : HART, IN MORTGAGE FORECLOSURE Defendants NOTICE OF SHERIFF'S SALE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE RULE 3129.2 TAKE NOTICE: That the Sheriffs Sale of Real Property (real estate) will be held: DATE: WEDNESDAY, SEPTEMBER 7, 2011 TIME: 10:00 a.m. Eastern Time LOCATION: Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 THE PROPERTY TO BE SOLD, is delineated in detail in legal descriptions mainly consisting of a statement of the measured boundaries of the property. (SEE METES AND BOUNDS DESCRIPTION ATTACHED HERETO AT EXHIBIT "A") This property has been improved by buildings and certain other improvements. THE LOCATION of the property to be sold is: 5154 Kylock Road, Mechanicsburg, Cumberland County, Pennsylvania (Parcel No. 42-26-0247-039) THE JUDGMENT under or pursuant to which the properties are being sold is docketed to: No. 2011-1177 THE NAME OF THE OWNER OR REPUTED OWNER OF THIS PROPERTY IS: Richard P. Hart, Jr. and Nancie J. Hart A SCHEDULE OF DISTRIBUTION, being a list of persons, and/or governmental or corporation 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 or municipalities that are owed taxes) will be filed on a date specified by the Sheriff not later than thirty (30) days after the sale and distribution of the proceeds of sale in accordance with the Schedule that will be made unless exceptions are filed thereto within ten (10) days after the filing of the Schedule. Information about the Schedule of Distribution may be obtained from the Sheriff of Cumberland County, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a Judgment against you. It may cause your property to be held, to be sold or to be 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 PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Cumberland County Lawyer Referral Service 32 South Bedford Street Carlisle, PA 17013 1-800-990-9108 - (717)-249-3166 The legal rights you may have are: 1. You may file a petition with the Court of Common Pleas of Cumberland County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure against you. 2. After the Sheriffs Sale you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriff's Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County. The petition must be served on the attorney for the creditor or on the creditor before representation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, 1 Courthouse Square, Carlisle, PA, before the presentation of the petition to the Court. 4. A copy of the Writ of Execution is attached hereto at Exhibit "B ". SHERIFF OF CUMBERLAND COUNTY ?Xfh?ir EXHIBIT "A" LEGAL DESCRIPTION Tax Parcel Number 42-26-0247-039 ALL THAT CERTAIN tract, piece or parcel of land situate in the Upper Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the eastern legal right of way of Kylock Road at the northwest corner of land N/F Mark E. Nelson and Nancy J. Nelson; thence along the eastern legal right of way of Kylock Road, North 41 degrees 39 minutes 26 seconds West a distance of 62.49 feet to a point; THENCE along the same by a curve to the right having a radius of 25.00 feet, an arch length of 30.73 feet, a chord bearing of North 06 degrees 26 minutes 44 seconds West, and a chord length of 28.83 feet to a point; THENCE along the same by a curve to the left having a radius of 50.00 feet, an arch length of 50.51 feet, a chord bearing North 00 degrees 10 minutes 23 seconds West, and a chord length of 48.39 feet to a point at the common corner of said Lot No. 2 and Lot No. 3 of the hereinafter mentioned subdivision plan; THENCE along a line between said Lot No. 2 and Lot No. 3, North 48 degrees 45 minutes 39 seconds East a distance of 250.19 feet to a point along the western line of land N/F Susan M. Ritter; THENCE along the western line of said Ritter land, South 42 degrees 07 minutes 16 seconds East a distance of 231.58 feet to a point; THENCE along the northern line of land N/F Dennis L. Burd and Karin M. Burd and along the northern line of land N/F Mark E. Nelson and Nancy J. Nelson, South 71 degrees 49 minutes 34 seconds West a distance of 278.82 feet to a point; THENCE along said Nelson land South 48 degrees 20 minutes 34 seconds West a distance of 45.00 feet to a point on the eastern legal right of way of Kylock Road, the point and place of BEGINNING. Subject to any restrictions, easements and/or adverses that pertain to this property. BEING LOT NO. 2 deploted on the Final Subdivision Plan for R. Hart Enterprises, Inc., said plan dated February 22, 2002, prepared by Alpha Consulting Engineers, Inc., Project Number 210544, and recorded in the Office of the Recorder of Deeds of Cumberland County in Plan Book 85, Page 55. HAVING ERECTED THEREON an attached single family dwelling municipally known and numbered as 5154 Kylock Road. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 11-1177 Civil 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 RICHARD P. HART, JR and NANCIE J. HART (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: $147,169.24 L.L.: $.50 Interest from 3/9/11 through 9/7/11 -- $4,827.54 Atty's Comm: % Due Prothy: $2.00 Atty Paid: $185.50 Other Costs: Plaintiff Paid: Date: 6/3/11 David D. B 1, Prothonot (Seal) 13 Deputy REQUESTING PARTY: Name: HEATHER Z. KELLY, ESQUIRE Address: METTE, EVANS & WOODSIDE 3401 NORTH FRONT STREET PO BOX 5950 HARRISBURG, PA 17110-0950 Attorney for: PLAINTIFF Telephone: 717-232-5000 Supreme Court ID No. 86291 10 v lip t?i?.rll i CCr?i' 1 y METTE, EVANS & WOODSIDE Heather Z. Kelly, Esquire Identification No. 86291 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 hzkelly@mette.com (717) 232-5000 (717) 236-1816 (fax) Attorneys for Plaintiff METRO BANK, f/k/a COMMERCE IN THE COURT OF COMMON PLEAS OF BANK/HARRISBURG, N.A., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 11-1177 VS. CIVIL ACTION - LAW RICHARD P. HART, JR. and NANCIE J. : HART, MORTGAGE FORECLOSURE Defendants : AFFIDAVIT OF SERVICE I, Heather Z. Kelly, Esquire, do hereby declare: 1. I am an attorney for Metro Bank, f/k/a Commerce Bank/Harrisburg, f/k/a Commerce Bank/Harrisburg, N.A. and I am authorized to make this Affidavit. 2. The Sheriff of Cumberland County has reported that on June 23, 2011, he or his deputy posted a handbill on the property pursuant to Pennsylvania Rule of Civil Procedure No. 3129.2(b). The content of this handbill is contained in the Notice of Sheriff's Sale filed with the Sheriff's Office. A true and correct copy of the contents of this notice as posted is attached 541604v1 hereto as Exhibit 1 and incorporated herein by reference (the "Notice"). The Sheriff of Cumberland County has also reported that on July 1, 2011, he or his deputy personally served a copy of the Notice upon the Defendants. 3. On August 8, 2011, I caused to be deposited in the United States Mail, First Class, postage prepaid, the Notice to Richard P. Hart, Jr., and Nancie J. Hart, owners or reported owners and Defendants in this case as shown on Plaintiff's Affidavit pursuant to Rule 3129.1 which was filed with the Prothonotary on June 29, 2011. True and correct copies of the Certificates of Mailings are attached hereto at Exhibit 2 and incorporated herein by reference. 4. On August 8, 2011, I caused to be deposited in the United States Mail, First Class, postage prepaid, the Notice to every other person who has a record mortgage on the real property. These parties are identified in Plaintiff's Affidavit, supra. True and correct copies of the Certificates of Mailings are attached hereto at Exhibit 3 and incorporated herein by reference. 5. On August 8, 2011, I caused to be deposited in the United States Mail, First Class, postage prepaid, the Notice to every other person who has a record lien on the real property and whose interest may be affected by the sale. These parties are identified in Plaintiff's Affidavit, supra. True and correct copies of the Certificates of Mailings are attached hereto at Exhibit 4 and incorporated herein by reference. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 9th day of August, 2011 Respectfully submitted, METTE, EVANS & WOODSIDE By: HEATHER Z. LY, ESQ RE 2 SUP. Ct. I.D. No. 86291 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 - Phone (717) 236-1816 - Fax Attorneys for Plaintiff Metro Bank, f/k/a/ Commerce Bank/Harrisburg, f/k/a Commerce Bank/Harrisburg, N.A. 3 VERIFICATION I, Heather Z. Kelly, Esquire, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. DATED: August 9, 2011 Heather Z. Kelly, s4 CERTIFICATE OF SERVICE I certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage, prepaid, as follows: Richard J. Hart, Jr. Nancie J. Hart 5154 Kylock Road Mechanicsburg, PA 17055 METTE, EVANS & WOODSIDE By: HEATHER Z. LY, ES IRE Sup. Ct. I.D. No. 86291 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 - Phone (717) 236-1816 - Fax Attorneys for Plaintiff Metro Bank, f/k/a/ Commerce Bank/Harrisburg, f/k/a Commerce Bank/Harrisburg, N.A. Date: August 9, 2011 5 I---- c7 C N o C? ar C- _n zrn m ror cnr' i ?o r-x w 4c z z o ?rrj -r ra rn a' METRO BANK, LWA COMMERCE BANK/HARRISBURG, N.A., Plaintiff V. RICHARD P. HART, J1?, and NANCIE J. HART, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO. 11-1177 : CIVIL ACTION - LAW : IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE PURSUANT TO PENNSYLVANIA RULE OF CIVIL, PROCEDURE RULE 3129.2 TAKE NOTICE: That the Sheriff's Sale of Real Property (real estate) will be held: DATE: WEDNESDAY, SEPTEMBER 7, 2011 TIME: 10:00 a.m. Eastern Time LOCATION: Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 THE PROPERTY TO BE SOLD, is delineated in detail in legal descriptions mainly consisting of a statement of the measured boundaries of the property. (SEE METES AND BOUNDS DESCRIPTION ATTACHED HERETO AT EXHIBIT "A") This property has been improved by buildings and certain other improvements. THE LOCATION of the property to be sold is: 5154 Kylock Road, Mechanicsburg, Cumberland County, Pennsylvania (Parcel No. 42-26-0247-039) docketed to: THE JUDGMENT under or pursuant to which the properties are being sold is No. 2011-1177 IS: THE NAME OF THE OWNER OR REPUTED OWNER OF THIS PROPERTY Richard P. Hart, Jr. and Nancie J. Hart A SCHEDULE OF DISTRIBUTION, being a list of persons, and/or governmental or corporation 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 or municipalities that are owed taxes) will be filed on a date specified by the Sheriff not later than thirty (30) days after the sale and distribution of the proceeds of sale in accordance with the Schedule that will be made unless exceptions are filed thereto within ten (10) days after the filing of the Schedule. Information about the Schedule of Distribution may be obtained from the Sheriff of Cumberland County, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY It has been issued because there is a Judgment against you. It may cause your property to be held, to be sold or to be 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. GET FREE LEGAL ADVICE. Cumberland County Lawyer Referral Service 32 South Bedford Street Carlisle, PA 17013 1-800-990-9108 - (717)-249-3166 The legal rights you may have are: I . You may file a petition with the Court of Common Pleas of Cumberland County to open the judgment if you have a meritorious defense against the person has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure against you. 2. After the Sheriff's Sale you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriff s Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County. The petition must be served on the attorney for the creditor or on the creditor before representation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, 1 Courthouse Square, Carlisle, PA, before the presentation of the petition to the Court. 4. A copy of the Writ of Execution is attached hereto at Exhibit "B ,. SHERIFF OF CUMBERLAND COUNTY EXHIBIT "A" LEGAL DESCRIPTION Tax Parcel Number 42-26-0247-039 ALL THAT CERTAIN tract, piece or parcel of land situate in the Upper Cumberland County, Pennsylvania, more particularly bounded and described as f lllows, to wit: BEGINNING at a point on the eastern legal right of way of el ylock Road at the northwest corner of land N/F Mazk E. Nelson and Nancy JNson; thence along the eastern legal right of way of Kylock Road, North 41 degrees 3 9 minutes 26 seconds West a distance of 62.49 feet to a point; THENCE along the same by a curve to the right having a radius of 25.00 feet, an arch length chord bearing of North 06 degrees 26 minutes 44 seconds West, and a cho da length of 28.83 feet to a point; THENCE along-the same by a curve to the left having a radius of 50.00 feet, an arch length 00 degrees 10 minutes 23 seconds Wes and a hold fee t'.3 a cof 48.39 to hord bearing a Nrth point at the common comer of said Lot No. 2 and Lot No. of the hereeinafter mentioned subdivision plan; THENCE along a line between said Lot No. 2 and Lot No. 3, North 48 degrees 45 minutes 39 seconds East a distance of 250.19 feet to a point along the western line of land N/F Susan M. Ritter THENCE western line of said Ritter land, South 42 degrees 07 minutes 16 seconds East a e distance of 231.58 feet to a point; THENCE along the northern line of land N/F Dennis L. Burd and Karin M. Burd and along the northern line of land N/F Mark E. Nelson and Nancy J. Nelson, South 71 degrees 49 minutes 34 seconds West a distance of 278.82 feet to a point; THENCE along said Nelson land South 48 degrees 20 minutes 34 seconds West a distance of 45.00 feet to a point on the eastern legal right of way of Kylock Road, the point and place of BEGINNING. Subject to any restrictions, easements and/or adverses that pertain to this property. BEING LOT NO.2 deploted on the Final Subdivision plan for R. Hart Enterprises Inc. said plan dated February 22, 2002, prepared by Alpha Consulting En ' Number 210544, and recorded in the Office of the Recorder of Dee of Cumberland County ' Plan Book 85, Page 55. HAVING ERECTED THEREON an attached single family dwelling municipally known and numbered as 5154 Kylock Road. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 11-1177 Civil CIVIL ACTION - LA W 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 RICHARD P. HART, JR and NANCIE J. HART (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 of possession GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued paying any debt to or for the account of the defendant (s) and from delivering any property any propert is enjoined from (s) or otherwise disposing thereof; y ofthedefendant (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: 5147,169.24 L.L.: $.50 Interest from 319111 through 9/7/11 - $4,827,54 Atty's Comm: a/o Due Prothy: $2.00 Atty Paid: $185.50 Other Costs: Plaintiff Paid: Date: 613111 (Seal) REQUESTING PARTY: Name: HEATHER Z. KELLY, ESQUIRE Address: METTE, EVANS & WOODSIDE 3401 NORTH FRONT STREET PO BOX 5950 HARRISBURG, PA 17110-0950 Attorney for: PLAINTIFF Telephone: 717-232-5000 Supreme Court ID No. 86291 - ?UzgL David D. B 1, Prothono Deputy ?j?f???l C) ^^ W ?? ? 00 0 la 64- a. N o ? o O LL N O ? J 1 00 PS Form 3817, Mar PROVIDE FpR INSURgNCE_p Mq? MAY BE USED FORVDOMESTICCOSTEMp NTASTER ERCA pEAOMAIL, ?DOES NOT Received From; METTE EVANS & WOODSIDE HARRISBURG, PA 7110-0850 Heather Z. Kelly, One piec Esquire e of ordinary mail addressed Nancie t J• Hart chanic PS Form 3817, Mar. 1989 17 °: (ft N f', 0 *- mZ"OW Oj O Aiij N o ? 0 J a -? w J AVn o o y 1 /111" )(o (E)II 2 ?X????i 9Nnm This Certificate of Maxi Certifipte This to 6F- r?-yf irProvitles evidence that m??'1??g qg ?p}7a ?f dl?lfl From: r? 1 1 C a ?o US'SOrormaYing. If tMR??o ?{J o r eat er e Y? To; Esquire, er Holdings, Inc. s c o ze treet PS Form 3817, April 2007 PSN 7530-02-000-9065 ?O :- o in ?! O r- H O V O it L) N O O O ? n LL 1S V ? 1 J r7:O? ? ?1 MAY BE USED FOR DOMESTIC AN D' INTERNATIONAL,MAM DOESnNOT PROVIDE FOR INSURANC E-POSTMASTER O o Received Fro r"METTE EVANS & WOODSIDE _ w ?cov r C' LU CO I HARRISBURG, PA 17110-0950 Heather Z. Kelly, Esquire N Z One piece of ordinary mail addressed to: / o 0 ^ U. U. R. F. Fager, Co. °w 2058 State Road tt?un oo g .S ?...- / Cam Hill PA 17011 PS Form 3817, Mar. 1989 MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received Fro nMETTE EVANS & WOODSIDE PO BOX 5950 HARRISBURG, PA 17110-0950 Heather Z. Kelly, Esquire. One piece of ordinary mail addressed to: Peifer Construction C 1365 S. Eisenhower Blvd. Harrisburg, PA 17111 PS Form 3817, Mar. 1989 O o ?o r- 3 'TM N r m two?W 00 O U a ? ? d ;k N o O W /Nn o o° g jr MAY BE USED FOR DOMESTIC AND INTERNATIONAvMAIL' DOES NOT PROVIDE FOR INSURANCE-POSTMASTER O _° Received From ?N U C r? IVIETTE EVANS & WOODSIDE O -21Q-BM 5950 "° w ? o ° HARRISBURG, PA 17110-0950 Tl '41). CL Heather Z. Kelly, Esquire o g y r- O One piece of ordina a r- U ry mail addressed to: _ ° C Snyder's Paint Store -v N w ss N ° a 332 S. 10th street w Lemoyne, PA 17043 PS Form 3817, Mar. 1989 MAY BE USED FOR DOMESTIC AND INTERNA?T(pE IVI A PROVIDEFOR INS OM II N A g URANCE-POOT OE STMASTER Received Fr-MME EVANS & WOODSID O r o I 3 'VM" E HARRISBURG o .00 - W rO o ~ Co , PA 17110-0950 a ?Q Heather Z. Belly Es quire . N One piece of ordina ordinary mail addressed to: ° g ° $ ^ p LL Doug Plunk , N o L Group Inc. ?w o Street n o Gf Lititz, PA 1 ? O PS Form 381 7, Ma 9 UNffEDSTATES POM SERL V!C'E• Certificate Of AAaiiin C T This CertiACate of Making Provides evidence that mail has been Presented to USPO for mailin. N O r- This torn mey be usetl for domestic and international mad g . N r From: 0 ¦ i 7 tl ti?? W a (9 o V 9960 I S da U rf! a N HAP, r o O Heather Z. Kelly, Esquire To: to kt o x LL Upper Allen Township of Ys?'' No Q ettys urg -1 N oo g -zx?c`r--`_i i u Dom' ? ?-E?---}??7--- ' ' ' ` • , ti PS Form 3817, April 2007 PSN 7530-02-000-9065 3 1IN/TEDSTdTES SERA-VIiC'E• This cemecate orMedl Certificate of AbiiiR Th? form M10 Provldes evidence that mail has From: C e ??& al l('?nPn n?no'USPS®tormwing. N tIn - o _f To: Integrity Bank Cam Hill, PA 17011 PS Form 381 ] April 2007 PSN 7530-02-000-9065 0 MnwSTAM faT • Thfs Certincate of Marlin CertifiCate Of Mailin Th is form mey be used for tlar01"ne is ' iam fhb mail has been res and From atbnal Mail. P anted to USPS® formading. .-11dFTTF FVA(?? Q ???nnnd±dn? nn HARRISBURG PA 17110-0950 i,r= aG? Heather Z. Kell Es uire , ,'?? a To: CIT Bank •-S 2101 West Ben White Blvd. ustin PS Form 3$17. Apn7 2007 PSN 7530-02-000-9065 ,0 ::2 Nr+ coo o 3?Qa N o O o IY ?LL ?No 1 00 0o W r/o r- 3 tN 0 ¦ Q7 ? ml?o W O? o a ?a d N o ? ?o o a: LL r W T f N o Q ?? o 0o g ~ i~~VTFi~. f~} s 0 C, ; 2 6 A10 ~ !tEIB:=RtA~,~d COt1i'yT ` ra~ ~.:;;j SYLVAfiafA METRO BANK, f/k/a Commerce . IN THE COURT OF COMMON PLEAS OF Bank/Harrisburg, N.A., : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : v. . . DOCKET NO. 11-1177 - CNIL RICHARD P. HART, Jr. and . NANCIE J. HART, . Defendants . UNCONTESTED JOINT MOTION REQUESTING ORDER FOR POSSESSION Plaintiff, Metra Bank, f/k/a Commerce Bank/Harrisburg, N.A. ("Metro"), by and through its attorneys, Mette, Evans & Woodside, and Defendants Richard P. Hart, Jr. and Nancie J. Hart (collectively the "Harts"), by and through their attorney, John Matthew Hyams, file this Uncontested Joint Motion Requesting Order for Possession, as follows: 1. On May 29, 2007, the Harts executed a Promissory Note in favor of Metro in the original principal amount of Qne Hundred Forty Thousand Seven Hundred Ninety Dollars ($140,790) (the "Note"). 2. The Harts' payment and performance of their obligations under the Note were secured by a security interest in the Harts' residence located at 5154 Kylock Road, Mechanicsburg, Cumberland County, Pennsylvania (the "Residence"), pursuant to a Mortgage dated May 29, 2007, and recorded on July 11, 2007 in the Cumberland County Recorder of Deeds Office at Bk 1999 pg 1378. 3. On February 1, 2011, Metro initiated the above-captioned Mortgage Foreclosure action against the Harts. 4. On Mazch 9, 2011, Metro obtained an in rem judgment against the Residence. 5. On June 3, 2011, Metro initiated execution proceedings against the Residence. 6. On July 13, 2011, the Harts filed a Chapter 7 Voluntary Bankruptcy Petition (the "Bankruptcy Petition") in the United States Bankruptcy Court of the Middle District of Pennsylvania at Case No. 1: 11 -bk-04924-MDF. 7. On July 27, 201.1, Metro filed a Motion for Relief from the Automatic Stay imposed pursuant to 11 U.S.C., §362 by virtue of the Hart's filing of the Bankruptcy Petition. A true and correct copy of the Motion for Relief from Automatic Stay is attached hereto as Exhibit `A' and made a part hereof by reference. 8. By Order dated August 8, 2011, the Honorable Mary D. France, Chief Bankruptcy Judge of the United States Bankruptcy Court for the Middle District of Pennsylvania granted Metro's Motion for Relief from the Automatic Stay. A true and correct copy of the August 8, 2011 Order is attached hereto as Exhibit `B' and made a part hereof by reference. 9. Metro and the Harts have entered into a Joint Stipulation agreeing that in exchange for Metro's forbearance from taking any further steps in furtherance of execution on its rights relating to the Residence, the Harts will vacate the Residence on or before October 31, 2011. A true and correct copy of the Joint Stipulation is attached hereto as Exhibit `C' and made a part hereof by reference. 10. Metro and the Harts agree to the entry of an Order of this Court, in substantially the form attached, for the purpose of effectuating the Joint Stipulation and giving the Joint Stipulation the full force and effect of a Court Order. 11. Pursuant to Cumberland County Local Rule No. 208.2(d) the undersigned counsel certify that they concur in the relief requested in this motion. 2 12. No judge of this Court has ruled upon any other issue in this matter or any related matter. WHEREFORE, Metro and the Harts respectfully request that the Court enter an Order in substantially the form attached. Respectfully submitted, METL,EVANS & WOODSIDE THE LA FFICES OF JOHN M. HYAMS EL Henry an k, Esquire Jo . Hyams, Esquire Supreme Court I.D. No.83087 Supr me Court I.D. No. 87327 3401 North Front Street 555 Gettysburg Pike, Suite C-402 P.O. Box 5950 Mechanicsburg, PA 17055 Harrisburg, PA 17110 Attorneys for Plaintiff, Attorney for the Defendants, Metro Bank f/k/a Commerce Richard P. Hart Jr. and Nancie J. Hart Bank/Harrisburg, N.A. 3 s;0 i ~:ONOT~"t:;. , ~/fla1 CrT 2 6 fi'i 10: 'Xr ~E3Ef~LA~~7 COUPi1~'': ~ENNS'ILVAF3fA METRO BANK, f/k/a Comrnerce : IN THE COURT OF COMMON PLEAS OF Bank/Harrisburg, N.A., : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : v. ~ : DOCKET NO. 11-1177 - CIVIL RICHARD P. HART, Jr. and : NANCIE J. HART, : Defendants : JOINT STIPULATION This Joint Stipulation is entered into on October 2011 between Plaintiff, Metro Bank, f/k/a Commerce Bank/Harrisburg, N.A. ("Metro") and Defendants, Richard P. Hart, Jr. and Nancie J. Hart (collectively the "Harts"), as follows: 1. On May 29, 2007, the Harts executed a Promissory Note in favor of Metro in the original principal amount of One Hundred Forty Thousand Seven Hundred Ninety Dollars ($140,790) (the "Note"). 2. The Harts' payment and performance of their obligations under the Note were secured by a security interest in the Harts' residence located at 5154 Kylock Road, Mechanicsburg, Cumberland County, Pennsylvania (the "Residence"), pursuant to a Mortgage dated May 29, 2007, and recorded on July 11, 2007 in the Cumberland County Recorder of Deeds Office at Bk 1999 pg 1378. 3. On February 1, 2011, Metro initiated the above-captioned Mortgage Foreclosure action against the Harts. 4. On March 9, 2011, Metro obtained judgment against the Harts. 5. On June 3, 2011, Metro initiated execution proceedings against the Residence. 6. On July 13, 2011, the Harts filed a Chapter 7 Voluntary Bankruptcy Petition (the "Bankruptcy Petition") in the United States Bankruptcy Court of the Middle District of Pennsylvania at Case No. 1: 11 -bk-04924-MDF. 7. On July 27, 2011, Metro filed a Motion for Relief from the Automatic Stay ' imposed pursuant to 11 U.S.C. §362 by virtue of the Hart's filing of the Bankruptcy Petition. 8. By Order dated August 8, 2011, the Honorable Mary D. France, Chief Bankruptcy Judge of the United States Bankruptcy Court for the Middle District of Pennsylvania granted Metro's Motion for Relief from the Automatic Stay. 9. Metro and the Harts stipulate that Metro will forebear from taking any further steps in furtherance of execur.ion on its rights relating to the Residence provided the Harts shall vacate the Residence on or before October 31, 2011. 10. Metro and the Harts stipulate to the entry of an Order of this Court, in substantially the form attached, for the purpose of effectuating this Joint Stipulation. IN WITNESS WHEREOF, intending to be legally bound hereby, the Metro and the Harts execute this Joint Stipulation as follows: [SIGNATURE PAGE IMMEDIATELY FOLLOWS] 2 ATTEST: METRO BANK BY: ~ David M. Chajkowski Asset Recovery Officer I WITNESS: ~ RIC D. HART, individually i ~l WITNESS: ~ o-n NAl`4CIE J. f, individually 543409v1 S METRO BANK, f/k/a Commerce Bank/Harrisburg, N.A., Plaintiff V. RICHARD P. HART, Jr. and NANCIE J. HART, Defendants IN THE COURT OF COMMON PLEAS OFD CUMBERLAND COUNTY, PENNSYLV tIA,-' . ?-r', tTa r, ? - DOCKET NO. 11-1177 - CIVIL ORDER FOR POSSESSION AND NOW, this day of October, 2011, upon Consideration of the Uncontested Joint Motion Requesting Order for Possession filed by Plaintiff, Metro Bank, f/k/a Commerce Bank/Harrisburg, N.A. and Defendants, Richard P. Hart, Jr. and Nancie J. Hart (collectively the "Harts"), it is hereby ORDERED as follows: (1) The Joint Motion Requesting Order for Possession is GRANTED; (2) The Harts shall vacate the premises at 5154 Kylock Road, Mechanicsburg, Cumberland County, Pennsylvania (the "Premises") no later than October 31, 2011; (3) Metro shall not take any action in furtherance of its rights to possession of the Premises until after October 31, 2011; (4) In the event that the Harts have not vacated the Premises on or before October 31, 2011, the Cumberland County Sheriff shall take such action as is deemed reasonably necessary to forcibly remove the Harts from the Premises; and (5) Any party that violates any aspect of this Order shall be deemed in contempt of this Court. BY E COURT: J. Distribution List: Cumberland County Prothonotary, One Courthouse Square, Carlisle PA 17013 Henry W. Van Eck, Esquire, Mette, Evans & Woodside, 3401 N. Front Street, Hbg, Pa 17110 ?pp j l? John M. Hyams, Esquire, 555 Gettysburg Pike, Suite C-402, Mechanicsburg, Pa 17055 111 ?? ? 543430v] SHERIFF'S OFFICE OF CUMBERLAND COUNTY CF Ronny R Anderson ?.; L-?? ?.??'"`Di F1?OT`p°????' Sheriff ?ti?ts o1,itrttirr?a? Jody S Smith 23, c? Chief Deputy Richard W Stewart P E ?d?S `J'L?`A ?? A ?? ? Solicitor Metro Bank F/K/A Commerce Bank Case Number vs. 2011-1177 Richard P. Hart, Jr. (et al.) SHERIFF'S RETURN OF SERVICE 06/23/2011 05:53 PM - Deputy Shawn Gutshall, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action, upon the property located at 5154 Kylock Road, Mechanicsburg, PA 17055, Cumberland County. 07/01/2011 05:06 PM - Deputy Shawn Harrison, 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: Nancie J Hart at 5154 Kylock Road, Upper Allen Township, Mechanicsburg, PA 17055, Cumberland County. 07/01/2011 05:06 PM - Deputy Shawn Harrison, 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 NANCIE HART - WIFE, who accepted as "Adult Person in Charge" for Richard P. Hart, Jr. at 5154 Kylock Road, Upper Allen Township Mechanicsburg, PA 17055, Cumberland County. 09/07/2011 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, Carlisle, Cumberland County, PA on September 7, 2011 at 10:00 a.m.. He sold the same for the sum of $1.00 to Attorney Heather Z. Kelly on behalf of, Metro Bank, of, 3801 Paxton Street, Harrisburg, PA 17111, being the buyer in this execution, paid to the Sheriff the sum of $ SHERIFF COST: $1,092.98 November 16, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF 44 1/33 s " j2 4 7 V 41, {c) GounySu (o She,M Teleusofl Inc METTE, EVANS & WOODSIDE Heather Z. Kelly, Esquire Identification No. 86291 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 (717) 236-1816 (fax) METRO BANK, f/k/a COMMERCE IN THE COURT OF COMMON PLEAS OF BANK/HARRISBURG, N.A., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff DOCKET NO. 11-1177 V. CIVIL ACTION - LAW RICHARD P. HART, JR, and NANCIE J. : HART, IN MORTGAGE FORECLOSURE Defendants AFFIDAVIT PURSUANT TO RULE 3129.1 Metro Bank, f/k/a Commerce Bank/Harrisburg, N.A. sets forth as of the date the Praecipe for Issuance of the Writ of Execution was filed the following information concerning the real property located at 5154 Kylock Road, Mechanicsburg, Cumberland County, Pennsylvania (Parcel No. 42-26-0247-039) (the "Real Property") as more particularly described on Exhibit "A" attached hereto: 1. Name and address of owners or reputed owners of the Real Property: Richard P. Hart, Jr. and Nancie J. Hart 5154 Kylock Road Mechanicsburg, PA 17055 2. Name and address of the Defendant(s) in the judgment: Richard P. Hart, Jr. and Nancie J. Hart 5154 Kylock Road Mechanicsburg, PA 17055 3. The name and address of every judgment creditor whose judgment is a record lien on the Real Property to be sold: (a) Metro Bank, f/k/a Commerce Bank/Harrisburg, N.A. 3801 Paxton Street Harrisburg, PA 17111 (2011-1178 - Richard P. and Nancie Hart) (2011-1177 - Richard P. and Nancie Hart) (2011-869 - Richard P. and Nancie Hart) (2011-868 - Richard P. and Nancie Hart) (b) R. F. Fager, Co. 2058 State Road Camp Hill, PA 17011 (2009-4637 - Richard P. Hart, Jr.) (c) Peifer Construction Company 1365 S. Eisenhower Blvd. Harrisburg, PA 17111 (2209-5417 - Richard P. Hart and Nancie Hart) (d) Snyder's Paint Store 332S. 10th Street Lemoyne, PA 17043 (2009-4471 - Rich Hart) (e) Doug Plunk ELA Group, Inc. 743 S. Broad Street Lititz, PA 17543 (2007-7757 - Richard Hart) (f) Upper Allen Township 100 Gettysburg Pike Mechanicsburg, PA 17055 (2008-27 - Richard Hart) (g) Integrity Bank 3345 Market Street Camp Hill, PA 17011 (2009-4991 - Richard P. and Nancie J. Hart) (h) Collins Financial Services, Inc. CIT Bank 2101 West Ben White Blvd Austin, TX 78704 (2008-03099 - Nancie Hart) 4. The name and address of the last recorded holder of every mortgage of record on the Real Property: (a) Metro Bank, f/k/a Commerce Bank/Harrisburg, N.A. 3801 Paxton Street Harrisburg, PA 17111 (b) Lezzer Holdings, Inc. 217 Schofield Street Curwensville, PA 16833 5. The name and address of every other person who has any record lien on the Real Property: None found 6. The 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 found. 7. The name and address of every other person of whom the plaintiff has any knowledge who has any interest in the property which may be affected by the sale: None found. I verify that the statements made in this affidavit are true and correct to the best of my information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. aa'l? a., t7?&? Heather Z. Kelly, ttornfor Metro Bank, f/k/a Commerce Bank/Harrisburg, N.A., Plaintiff Dated: June 2, 2011 ?X??? EXHIBIT "A" LEGAL DESCRIPTION Tax Parcel Number 42-26-0247-039 ALL THAT CERTAIN tract, piece or parcel of land situate in the Upper Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the eastern legal right of way of Kylock Road at the northwest corner of land N/F Mark E. Nelson and Nancy J. Nelson; thence along the eastern legal right of way of Kylock Road, North 41 degrees 39 minutes 26 seconds West a distance of 62.49 feet to a point; THENCE along the same by a curve to the right having a radius of 25.00 feet, an arch length of 30.73 feet, a chord bearing of North 06 degrees 26 minutes 44 seconds West, and a chord length of 28.83 feet to a point; THENCE along the same by a curve to the left having a radius of 50.00 feet, an arch length of 50.51 feet, a chord bearing North 00 degrees 10 minutes 23 seconds West, and a chord length of 48.39 feet to a point at the common corner of said Lot No. 2 and Lot No. 3 of the hereinafter mentioned subdivision plan; THENCE along a line between said Lot No. 2 and Lot No. 3, North 48 degrees 45 minutes 39 seconds East a distance of 250.19 feet to a point along the western line of land N/F Susan M. Ritter; THENCE along the western line of said Ritter land, South 42 degrees 07 minutes 16 seconds East a distance of 231.58 feet to a point; THENCE along the northern line of land N/F Dennis L. Burd and Karin M. Burd and along the northern line of land N/F Mark E. Nelson and Nancy J. Nelson, South 71 degrees 49 minutes 34 seconds West a distance of 278.82 feet to a point; THENCE along said Nelson land South 48 degrees 20 minutes 34 seconds West a distance of 45.00 feet to a point on the eastern legal right of way of Kylock Road, the point and place of BEGINNING. Subject to any restrictions, easements and/or adverses that pertain to this property. BEING LOT NO.2 deploted on the Final Subdivision Plan for R. Hart Enterprises, Inc., said plan dated February 22, 2002, prepared by Alpha Consulting Engineers, Inc., Project Number 210544, and recorded in the Office of the Recorder of Deeds of Cumberland County in Plan Book 85, Page 55. HAVING ERECTED THEREON an attached single family dwelling municipally known and numbered as 5154 Kylock Road. METRO BANK, f/k/a COMMERCE BANK/HARRISBURG, N.A., Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO. 11-1177 CIVIL ACTION - LAW RICHARD P. HART, JR, and NANCIE J. : HART, IN MORTGAGE FORECLOSURE Defendants NOTICE OF SHERIFF'S SALE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE RULE 3129.2 TAKE NOTICE: That the Sheriff's Sale of Real Property (real estate) will be held: DATE: WEDNESDAY, SEPTEMBER 7, 2011 TIME: 10:00 a.m. Eastern Time LOCATION: Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 THE PROPERTY TO BE SOLD, is delineated in detail in legal descriptions mainly consisting of a statement of the measured boundaries of the property. (SEE METES AND BOUNDS DESCRIPTION ATTACHED HERETO AT EXHIBIT "A") This property has been improved by buildings and certain other improvements. THE LOCATION of the property to be sold is: 5154 Kylock Road, Mechanicsburg, Cumberland County, Pennsylvania (Parcel No. 42-26-0247-039) docketed to: IS: THE JUDGMENT under or pursuant to which the properties are being sold is No. 2011-1177 THE NAME OF THE OWNER OR REPUTED OWNER OF THIS PROPERTY Richard P. Hart, Jr. and Nancie J. Hart A SCHEDULE OF DISTRIBUTION, being a list of persons, and/or governmental or corporation 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 or municipalities that are owed taxes) will be filed on a date specified by the Sheriff not later than thirty (30) days after the sale and distribution of the proceeds of sale in accordance with the Schedule that will be made unless exceptions are filed thereto within ten (10) days after the filing of the Schedule. Information about the Schedule of Distribution may be obtained from the Sheriff of Cumberland County, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a Judgment against you. It may cause your property to be held, to be sold or to be 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 PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Cumberland County Lawyer Referral Service 32 South Bedford Street Carlisle, PA 17013 1-800-990-9108 - (717)-249-3166 The legal rights you may have are: 1. You may file a petition with the Court of Common Pleas of Cumberland County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure against you. 2. After the Sheriff's Sale you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriff's Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County. The petition must be served on the attorney for the creditor or on the creditor before representation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, 1 Courthouse Square, Carlisle, PA, before the presentation of the petition to the Court. 4. A copy of the Writ of Execution is attached hereto at Exhibit "B " SHERIFF OF CUMBERLAND COUNTY 2 EXHIBIT "A" LEGAL DESCRIPTION Tax Parcel Number 42-26-0247-039 ALL THAT CERTAIN tract, piece or parcel of land situate in the Upper Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the eastern legal right of way of Kylock Road at the northwest corner of land N/F Mark E. Nelson and Nancy J. Nelson; thence along the eastern legal right of way of Kylock Road, North 41 degrees 39 minutes 26 seconds West a distance of 62.49 feet to a point; THENCE along the same by a curve to the right having a radius of 25.00 feet, an arch length of 30.73 feet, a chord bearing of North 06 degrees 26 minutes 44 seconds West, and a chord length of 28.83 feet to a point; THENCE along the same by a curve to the left having a radius of 50.00 feet, an arch length of 50.51 feet, a chord bearing North 00 degrees 10 minutes 23 seconds West, and a chord length of 48.39 feet to a point at the common corner of said Lot No. 2 and Lot No. 3 of the hereinafter mentioned subdivision plan; THENCE along a line between said Lot No. 2 and Lot No. 3, North 48 degrees 45 minutes 39 seconds East a distance of 250.19 feet to a point along the western line of land N/F Susan M. Ritter; THENCE along the western line of said Ritter land, South 42 degrees 07 minutes 16 seconds East a distance of 231.58 feet to a point; THENCE along the northern line of land N/F Dennis L. Burd and Karin M. Burd and along the northern line of land N/F Mark E. Nelson and Nancy J. Nelson, South 71 degrees 49 minutes 34 seconds West a distance of 278.82 feet to a point; THENCE along said Nelson land South 48 degrees 20 minutes 34 seconds West a distance of 45.00 feet to a point on the eastern legal right of way of Kylock Road, the point and place of BEGINNING. Subject to any restrictions, easements and/or adverses that pertain to this property. BEING LOT NO. 2 deploted on the Final Subdivision Plan for R. Hart Enterprises, Inc., said plan dated February 22, 2002, prepared by Alpha Consulting Engineers, Inc., Project Number 210544, and recorded in the Office of the Recorder of Deeds of Cumberland County in Plan Book 85, Page 55. HAVING ERECTED THEREON an attached single family dwelling municipally known and numbered as 5154 Kylock Road. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 11-1177 Civil 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 RICHARD P. HART, JR and NANCIE J. HART (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: $147,169.24 L.L.: $.50 Interest from 3/9/11 through 9/7/11 -- $4,827.54 Atty's Comm: % Due Prothy: $2.00 Atty Paid: $185.50 Other Costs: Plaintiff Paid: Date: 6/3/11 David D. Buell, Prothonot C '7 (Seal) \ By. (Z Deputy REQUESTING PARTY: Name: HEATHER Z. KELLY, ESQUIRE Address: METTE, EVANS & WOODSIDE 3401 NORTH FRONT STREET PO BOX 5950 HARRISBURG, PA 17110-0950 Attorney for: PLAINTIFF TRUE COPY FROM RECORD In Testimony whereof, I here unto set my hand and the seal of said Court at Ca&Je, Pa. 7eh' s d ? 2p e of * Prothonotary Telephone: 717-232-5000 Supreme Court ID No. 86291 On June 7, 2011 .the Sheriff levied upon the defendant's interest in the real property situated in Upper Allen, Cumberland County, PA, Known and numbered as, 5154 Kylock Road, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: June 7, 2011 By: Real Estate Coordinator CUMBERLAND LAW JOURNAL Writ No. 2011-1177 civil Metro Bank f/k/a Commerce Bank vs. Richard P. Hart, Jr. Nancie J. Hart Atty.: Heather Z. Kelly Parcel Number 42-26-0247-039 ALL THAT CERTAIN tract, piece or parcel of land situate in the Up- per Allen Township, Cumberland County, Pennsylvania, more par- ticularly bounded and described as follows, to wit: BEGINNING at a point on the eastern legal right of way of Kylock Road at the northwest corner of land N/F Mark E. Nelson and Nancy J. Nelson; thence along the eastern legal right of way of Kylock Road, North 41 degrees 39 minutes 26 seconds West a distance of 62.49 feet to a point; THENCE along the same by a curve to the right having a radius of 25.00 feet, an arch length of 30.73 feet, a chord bearing of North 06 degrees 26 minutes 44 seconds West, and a chord length of 28.83 feet to a point; THENCE along the same by a curve to the left having a radius of 50.00 feet, an arch length of 50.51 feet, a chord bearing North 00 degrees 10 minutes 23 seconds West, and a chord length of 48.39 feet to a point at the common corner of said Lot No. 2 and Lot No. 3 of the hereinafter mentioned sub- division plan; THENCE along a line between said Lot No. 2 and Lot No. 3, North 48 degrees 45 minutes 39 sec- onds East a distance of 250.19 feet to a point along the western line of land N/F Susan M. Ritter; THENCE along the western line of said Ritter land, South 42 degrees 07 minutes 16 seconds East a distance of 231.58 feet to a point; THENCE along the northern line of land N/F Dennis L. Burd and Karin M. Burd and along the northern line of land N/ F Mark E. Nelson and Nancy J. Nelson, South 71 degrees 49 minutes 34 seconds West a distance of 278.82 feet to a point; THENCE along said Nelson land South 48 degrees 20 minutes 34 seconds West a distance of 45.00 feet to a point on the eastern legal right of way of Kylock Road, the point and place of BEGINNING. Subject to any restrictions, ease- ments and/or adverses that pertain to this property. BEING LOT NO. 2 deploted on the Final Subdivision Plan for R. Hart En- terprises, Inc., said plan dated Feb- ruary 22, 2002, prepared by Alpha Consulting Engineers, Inc., Project Number 210544, and recorded in the Office of the Recorder of Deeds of Cumberland County in Plan Book 85, Page 55. HAVING ERECTED THEREON an attached single family dwelling municipally known and numbered as 5154 Kylock Road. 34 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: July 15, July 22 and July 29, 2011 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. r isa Marie Coyne Editor SWORN TO AND SUBSCRIBED before me this 9 da of Jul 2011 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 The Patriot-News Co. 2020 Tech fio)ogy.Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-.255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE Z4ePatriot-?1ews 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 saic, Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time. place and character of publication are true, and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book °M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 07115/11 07/22/11 07/29/11 Sworn to and subscribed before' e t? is 18 day of August, 2011 A. D. r otary ublic COMMONWEALTH OF PENNSYLVANIA Notarial Seal i Sherle L. Klsner, Notary Public l ower Parton Twp., Dauphin County L --- My Cammrs., M Expires Nov. 26, 2021 Member, Pennsylvania Association of Notari; 7011.1177 C" Term lJ c //tank FXA Cwarneme Bank Vs Richard R Hart, Jr. , NVIde=J. Had Ally. HwUw Z Kelly Parcel Number 42.26-0247-039 ALL THAT CERTAIN tract, piece or parcel of land situate in the Upper Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the eastern legal right of way of Kylock Road at the northwest corner of land N/F Mark E. Nelson and Nancy J. Nelson; thence along the eastern legal right of way of Kyloek Road, North 41 degrees 39 minutes 26 seconds West a distance of 52.49 feet to a point; THENCE along the same by a curve to the right having a radius of 25.00 feet, an arch length of 30.73 feet, a chord bearing of North 06 degrees 26 minutes 44 seconds West, and a chord length of 28.83 feet to a point; THENCE along the same by a curve to the left having a radius of .50.00 feet, an arch length of 50.51 feet, a chord bearing North 00 degrees 10 minutes 23 seconds West, and a chord length of 48.39 feet to a point at the common corner of said Lot No. 2 and Lot No. 3 of the hereinafter mentioned subdivision plan; THENCE along a line between said Lot No. 2 and Lot No. 3, North 48 degrees 45 minutes 39 seconds East a distance of 250.19 feet to a point along the western line of land N/FSusan M. Ritter; THENCE along the western line of said Ritter land, South 42 degrees 07 minutes 16 seconds East a distance of 231.58 feet to a point; THENCE along the northern line of land N/F Dennis L. Burd and Karin M. Burd and along the northern line of land N/F Mark E. Nelson and Nancy J. Nelson, South 71 degrees 49 minutes 34 seconds West a distance of 278.82 feet to a point; THENCE along said Nelson land South 48 degrees 20 minutes 34 seconds West a distance of 45.00 feet to a point on the eastern legal right of way of Kylock Road, the point and place of BEGINNING. Subject to any restrictions, easements and/or adverses that pertain to this property. BEING LOT NO, 2 deploted on the Final Subdivision Plan for R. Hart Enterprises, Inc., saidpian dated February 22,2m, prepared by Alpha Consulting Engineers, Inc., Project Number 210544, and recorded m the Office of the Recorder of Deeds of Cumberland County in Plan Book 85, page 55. VkWd EREC I!15118Cxntrr?+M attache sl7gie family dwelling municipa, knower and numbered as 5154 Kyloc:k F COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Metro Bank is the grantee the same having been sold to said grantee on the 7 day of September A.D., 2011, under and by virtue of a writ Execution issued on the 3 day of June, A.D., 2011, out of the Court of Common Pleas of said County as of Civil Term, 2011 Number 1177, at the suit of Metro Bank f/k/a Commerce Bank/Harrisburg N.A. against Richard P. Hart Jr. and Nancie J. Hart is duly recorded as Instrument Number 201132647. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this a,) day of A.D. c,7 ©/1 I V Recorder of Deeds i?dnbWW0=%Q& ffi B*n#*RaitHwdVdk&2W