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Clayton W. Davidson
PA Attorney I.D. No. 79139 COUNTY
McNees Wallace & Nurick LLC 1
100 Pine Street - P.O. Box 1166
Harrisburg, PA 17108-1166
(717) 260-1678 (Direct Fax)
(717) 232-8000 (Phone)
cdavidson(abmwn.com
Attorneys for Plaintiff, Metro Bank
METRO BANK, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. l I - D-1'77 Civi'( 7eV64
TOD G. SHEDLOSKY and
LISA T. SHEDLOSKY, CIVIL ACTION -LAW
Defendants MORTGAGE FORECLOSURE
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set
forth in the following pages, you must take action within twenty (20) days after this Complaint
and Notice are served, by entering a written appearance personally or by attorney and filing in
writing with the Court your defenses or objections to the claims set forth against you. You are
warned that if you fail to do so the case may proceed without you and a judgment may be entered
against you by the Court without further notice for any money claimed in the Complaint or for
any other claim or relief requested by the Plaintiff. You may lose money or property or other
rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
32 S. Bedford Street
Carlisle, PA 17013
800-990-9108
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AVISO
USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las
demandas que se presentan mds adelante en las siguientes pdginas, debe tomar acci6n dentro de
los pr6ximos veinte (20) dias despues de la notificaci6n de esta Demanda y Aviso radicando
personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por
escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le
advierte de que si usted falla de tomar acci6n como se describe anteriormente, el caso puede
proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier
otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la
Corte sin mds aviso adicional. Usted puede perder dinero o propiedad u otros derechos
importantes para usted.
USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO
INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA
SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA
DE COMO CONSEGUIR UN ABOGADO.
SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES
POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE
AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A
PERSONAS QUE CUALIFICAN.
CUMBERLAND COUNTY BAR ASSOCIATION
32 S. Bedford Street
Carlisle, PA 17013
800-990-9108
McNEES WALLACE & NURICK LLC
Date: February 22, 2011 By
W.
PA`Attorney r.D. No. 79139
McNees Wallace & Nurick LLC
100 Pine Street - P.O. Box 1166
Harrisburg, PA 17108-1166
(717) 260-1678 (Direct Fax)
(717) 232-8000 (Phone)
cdavidsonkmwn.com
Attorneys for Plaintiff, Metro Bank
-2-
c )
Clayton W. Davidson
PA Attorney I.D. No. 79139
McNees Wallace & Nurick LLC
100 Pine Street - P.O. Box 1166
Harrisburg, PA 17108-1166
(717) 260-1678 (Direct Fax)
(717) 232-8000 (Phone)
cdavidsonAmwn.com
Attorneys for Plaintiff, Metro Bank
METRO BANK,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
v
TOD G. SHEDLOSKY and
LISA T. SHEDLOSKY,
Defendants
CIVIL ACTION -LAW
MORTGAGE FORECLOSURE
COMPLAINT
Plaintiff, Metro Bank, by and through its undersigned counsel, hereby files this
Complaint in Mortgage Foreclosure pursuant to Pa.R.C.P. No. 1141, et seq., and in
support thereof avers the following:
Parties
1. Plaintiff, Metro Bank (the "Bank"), is a Pennsylvania financial institution with an
office located at 3801 Paxton Street, Harrisburg, Pennsylvania 17111.
2. Defendants, Tod G. and Lisa T. Shedlosky (the "Debtors"), are adult, married
individuals last known residing at 6346 North Powderhorn Road, Mechanicsburg, Cumberland
County, Pennsylvania, 17050.
Jurisdiction and Venue
3. This Court has jurisdiction over this matter this matter pursuant to 42 Pa.C.S.A.
§931(a).
t 0
4. This Court is the proper venue for this matter pursuant to 42 Pa.C.S.A. §931(c)
and Pa.R.C.P. No. 11142 because the real property in question is located in Cumberland County,
Pennsylvania.
Background
5. On or about March 28, 2008, the Bank agreed to loan up to $100,000.00 to the
Debtors as evidenced by a home equity line of credit agreement (the "Loan Agreement")
executed and delivered to the Bank by the Debtors. Attached hereto as Exhibit A and
incorporated herein by reference is a true and correct copy of the Loan Agreement.
6. On or about March 28, 2008, the Debtors delivered to the Bank an open-end
mortgage and security agreement (the "Mortgage") to secure the payments due under the Loan
Agreement against the Debtors' real property known and numbered as 6346 North Powderhorn
Road, Mechanicsburg, Pennsylvania, 17050 and tax parcel number 10-17-1029-229 (the "Real
Property"). Attached hereto as Exhibit B and incorporated herein by reference is a true and
correct copy of the Mortgage.
7. The Mortgage encumbers the Real Property and was duly filed in the Office of the
Recorder of Deeds of Cumberland County on April 11, 2008 and recorded at instrument number
200811435.
8. The Debtors have defaulted under the Mortgage by failing to make payments
when due thereunder.
9. The Bank has accelerated the entire indebtedness due and owing regarding the
Loan Agreement and Mortgage as a result of the payment defaults by the Debtors.
10. The Debtors are the record owner of the Real Property.
11. On July 8, 2010, the Debtors were provided the notice required by the
Homeowners' Emergency Mortgage Assistance Act of 1983 ("Act 91 Notice") and Act No. 6 of
1974 ("Act 6 Notice") and of their defaults under the Mortgage and to date, said defaults have
not been cured. Attached hereto as Exhibit C and incorporated herein by reference are true and
correct copies of the Act 91 Notice and Act 6 Notice mailed to the Debtors.
12. The amount due under the Mortgage has been accelerated as a result of the
payment defaults and as of February 14, 2011, the amount due and owing thereunder is itemized
as follows:
Principal: $ 99,989.23
Interest: $ 3,335.20
Late Fees: $ 262.32
Sat/Misc. Fees: $ 275.00
Total: $103,861.75*
* along with interest accruing at the current per diem rate of $17.12, costs
and reasonable attorney's fees until paid in full, costs.
(the "Indebtedness").
13. Judgment has not been entered on the Mortgage in any jurisdiction.
14. The Loan Agreement and the Mortgage are held by the Bank.
Count I - Mortgage Foreclosure
15. The Bank incorporates herein by reference the allegations contained in paragraphs
1 through 14 above.
16. Pursuant to Pa.R.C.P. No. 1019(h), this count is based upon a breach of the
written Mortgage.
17. The Bank demands judgment for the Indebtedness in mortgage foreclosure be
entered against the Debtors so that the Bank may sell the Real Property in an attempt to satisfy
the Indebtedness.
WHEREFORE, Metro Bank demands judgment in mortgage foreclosure against Tod G.
shedlosky and and Lisa T. Shedlosky, as owners of the Real Property in the amount of
$103,861.75 as of February 14, 2001, along with interest accruing at the per diem rate of $17.12,
costs and reasonable attorney's fees until paid in full.
McNEES WALLACE & NURICK LLC
Date: February 22, 2011 By
?-
Claytoxr)?'. Davids
PA At rney I. o. 79139
McNees Wallace & Nurick LLC
100 Pine Street - P.O. Box 1166
Harrisburg, PA 17108-1166
(717) 260-1678 (Direct Fax)
(717) 232-8000 (Phone)
cdavidson a,mwn.com
Attorneys for Plaintiff, Metro Bank
HOME EQUITY LINE C CREDIT AGREEMENT AND t >"CLOSURE
f't?t Piri ??+? llfiftl? t ## r?rt fe AIi?t? `ficefr lnltiita
References in the boxes above are for our use only and do not limit the applicability of this document to any particular loan or item.
Any item above containing "'**" has been omitted due to text length limitations.
Borrower: Tod G. Shedlosky Lender: COMMERCE BANK]HARRISBURG N.A.
Lisa T. Shedlosky MARKET STREET LEMOYNE
6346 North Powderhom Road 1249 MARKET STREET
Mechanicsburg, PA 17050 I r 1 f "." ,, LEMOYNE, PA 17043
(717) 972-2875
CREDIT LIMIT: $100,000.00 DATE OF AGREEMENT: March 28, 2008
Introduction. This HOME EQUITY LINE OF CREDIT AGREEMENT AND DISCLOSURE ("Agreement") governs your line of credit (the "Credit Line"
or the "Credit Line Account") issued through COMMERCE BANK/HARRISBURG N.A.. In this Agreement, the words "Borrower," "you," "your,"
and "Applicant" mean each and every person who signs this Agreement, including all Borrowers named above. The words "we," "us," "our,"
and "Lender" mean COMMERCE BANK/HARRISBURG N.A.. You agree to the following terms and conditions:
Promise to Pay. You promise to pay COMMERCE BANK/HARRISBURG N.A., or order, the total of all credit advances and FINANCE CHARGES,
together with all costs and expenses for which you are responsible under this Agreement or under the "Mortgage" which secures your Credit
Line. You will pay your Credit Line according to the payment terms set forth below. If there is more than one Borrower, each is jointly and
severally liable on this Agreement. This means we can require any Borrower to pay all amounts due under this Agreement, including credit
advances made to any Borrower. Each Borrower authorizes any other Borrower, on his or her signature alone, to cancel the Credit Line, to
request and receive credit advances, and to do all other things necessary to carry out the terms of this Agreement. We can release any
Borrower from responsibility under this Agreement, and the others will remain responsible.
Term. The term of your Credit Line will begin as of the date of this Agreement ("Opening Date") and will continue until March 28, 2023
("Maturity Date"). All indebtedness under this Agreement, if not already paid pursuant to the payment provisions below, will be due and
payable upon maturity. The draw period of your Credit Line will begin on a date, after the Opening Date, when the Agreement is accepted by us
in the Commonwealth of Pennsylvania, following the expiration of the right to cancel, the perfection of the Mortgage, the receipt of all required
certificates of noncancellation, and the meeting of all of our other conditions and will continue as follows: Draw period is 179 months. You
may obtain credit advances during this period ("Draw Period"). After the Draw Period ends, the repayment period will begin and you will no
longer be able to obtain credit advances. The length of the repayment period is as follows: Single principal payment due at maturity, total loan
term of 180 months. You agree that we may renew or extend the period during which you may obtain credit advances or make payments. You
further agree that we may renew or extend your Credit Line Account.
Minimum Payment. Your "Regular Payment" will equal the amount of your accrued FINANCE CHARGES. You will make 179 of these
payments. You will then be required to pay the entire balance owing in a single balloon payment. If you make only the minimum payments, you
may not repay any of the principal balance by the end of this payment stream. Your payments will be due monthly. Your "Minimum Payment"
will be the Regular Payment, plus any amount due and all other charges. An increase in the ANNUAL PERCENTAGE RATE may increase the
amount of your Regular Payment. You agree to pay not less than the Minimum Payment on or before the due date indicated on your periodic
billing statement.
Balloon Payment. Your Credit Line Account is payable in full upon maturity in a single balloon payment. You must pay the entire outstanding
principal, interest and any other charges then due. Unless otherwise required by applicable law, we are under no obligation to refinance the
balloon payment at that time. You may be required to make payments out of other assets you own or find a lender, which may be us, willing to
lend you the money. If you refinance the balloon, you may have to pay some or all of the closing costs normally associated with a new credit
line account, even if you obtain refinancing from us.
How Your Payments Are Applied. Unless otherwise agreed or required by applicable law, payments and other credits will be applied first to
Finance Charges; then to any voluntary credit life and disability insurance premiums; then to unpaid principal; then to late charges and other
charges; and then to any amounts that exceed your Credit Limit.
Receipt of Payments. All payments must be made by a check, automatic account debit, electronic funds transfer, money order, or other
instrument in U.S. dollars and must be received by us at the remittance address shown on your periodic billing statement. Payments received
at that address prior to 6:00 P. M. EASTERN on any business day will be credited to your Credit Line as of the date received. If we receive
payments at other locations, such payments will be credited promptly to your Credit Line, but crediting may be delayed for up to five 15) days
after receipt.
Credit Limit. This Agreement covers a revolving line of credit for the principal amount of One Hundred Thousand & 00/100 Dollars
1$100,000.00), which will be your "Credit Limit" under this Agreement. During the Draw Period we will honor your request for credit advances
subject to the section below on Lender's Rights. You may borrow against the Credit Line, repay any portion of the amount borrowed, and
re-borrow up to the amount of the Credit Limit. Your Credit Limit is the maximum amount you may have outstanding at any one time. You
agree not to attempt, request, or obtain a credit advance that will make your Credit Line Account balance exceed your Credit Limit. Your Credit
Limit will not be increased should you overdraw your Credit Line Account. If you exceed your Credit Limit, you agree to repay immediately the
amount by which your Credit Line Account exceeds your Credit Limit, even if we have not yet billed you. Any credit advances in excess of your
Credit Limit will not be secured by the Mortgage covering your principal dwelling.
Charges to your Credit Line. We may charge your Credit Line to pay other fees and costs that you are obligated to pay under this Agreement,
the Mortgage or any other document related to your Credit Line. In addition, we may charge your Credit Line for funds required for continuing
insurance coverage as described in the paragraph titled "Insurance" below or as described in the Mortgage for this transaction. We may also, at
our option, charge your Credit Line to pay any costs or expenses to protect or perfect our security interest in your principal dwelling. These
costs or expenses include, without limitation, payments to cure defaults under any existing liens on your principal dwelling. If you do not pay
your property taxes, we may charge your Credit Line and pay the delinquent taxes. Any amount so charged to your Credit Line will be a credit
advance and will decrease the funds available, if any, under the Credit Line. However, we have no obligation to provide any of the credit
advances referred to in this paragraph.
Credit Advances. After the Effective Disbursement Date of this Agreement, you may obtain credit advances under your Credit Line as follows:
Credit Line Checks. Writing a preprinted "Equity Reserve Advance Check" that we will supply to you.
Overdrafts. Writing a check on your designated checking account with us in excess of the available collected balance in the account.
Commerce Online Transfer. Request an advance from your credit line account using Commerce Online Banking and transferring the funds
HOME EQUITY LINE OF CREDIT AGREEMENT AND DISCLOSURE
Loan No: 930025937 (Continued) Page 2
to a deposit account you have with Lender.
If there is more than one person authorized to use this Credit Line Account, you agree not to give us conflicting instructions, such as one
Borrower telling us not to give advances to the other.
Limitations on the Use of Checks. We reserve the right not to honor Equity Reserve Advance Checks in the following circumstances:
Credit Limit Violation. Your Credit Limit has been or would be exceeded by paying the Equity Reserve Advance Check.
Post-dated Checks. Your Equity Reserve Advance Check is post-dated. If a post-dated Equity Reserve Advance Check is paid and as a
result any other check is returned or not paid, we are not responsible.
Stolen Checks. Your Equity Reserve Advance Checks have been reported lost or stolen.
Unauthorized Signatures. Your Equity Reserve Advance Check is not signed by an "Authorized Signer" as defined below.
Termination or Suspension. Your Credit Line has been terminated or suspended as provided in this Agreement or could be if we paid the
Equity Reserve Advance Check.
Transaction Violation. Your Equity Reserve Advance Check is less than the minimum amount required by this Agreement or you are in
violation of any other transaction requirement or would be if we paid the Equity Reserve Advance Check.
If we pay any Equity Reserve Advance Check under these conditions, you must repay us, subject to applicable laws, for the amount of the
Equity Reserve Advance Check. The Equity Reserve Advance Check itself will be evidence of your debt to us together with this Agreement.
Our liability, if any, for wrongful dishonor of a check is limited to your actual damages. Dishonor for any reason as provided in this Agreement is
not wrongful dishonor. We may choose not to return Equity Reserve Advance Checks along with your periodic billing statements; however, your
use of each Equity Reserve Advance Check will be reflected on your periodic statement as a credit advance. We do not "certify" Equity Reserve
Advance Checks drawn on your Credit Line.
Transaction Requirements. The following transaction limitations will apply to the use of your Credit Line:
Credit Line Equity Reserve Advance Check, Overdraft and Commerce Online Transfer Limitations. There are no transaction limitations for
the writing of Equity Reserve Advance Checks, writing a check in excess of your checking account balance or accessing by other methods.
Limitation on All Access Devices. You may not use any access device, whether described above or added in the future, for any illegal or
unlawful transaction, and we may decline to authorize any transaction that we believe poses an undue risk of illegality or unlawfulness.
Notwithstanding the foregoing, we may collect on any debt arising out of any illegal or unlawful transaction.
Authorized Signers. The words "Authorized Signer" on Equity Reserve Advance Checks as used in this Agreement mean and include each
person who (a) signs the application for this Credit Line, (b) signs this Agreement, or (c) has executed a separate signature authorization card
for the Credit Line Account.
Lost Equity Reserve Advance Checks. If you lose your Equity Reserve Advance Checks or if someone is using them without your permission,
you agree to let us know immediately. The fastest way to notify us is by calling us at (717) 972-2875. You also can notify us at Commerce
Bank/Harrisburg N.A. 3801 Paxton Street, Harrisburg, PA 17111.
Future Credit Line Services. Your application for this Credit Line also serves as a request to receive any new services (such as access devices)
which may be available at some future time as one of our services in connection with this Credit Line. You understand that this request is
voluntary and that you may refuse any of these new services at the time they are offered. You further understand that the terms and conditions
of this Agreement will govern any transactions made pursuant to any of these new services.
Collateral. You acknowledge this Agreement is secured by the following collateral described in the security instrument listed herein: an
Open-End Mortgage dated March 28, 2008, to us on real property located in Cumberland County, Commonwealth of Pennsylvania.
Insurance. You must obtain insurance on the Property securing this Agreement that is reasonably satisfactory to us. You may obtain property
insurance through any company of your choice that is reasonably satisfactory to us. You have the option of providing any insurance required
under this Agreement through an existing policy or a policy independently obtained and paid for by you, subject to our right, for reasonable
cause before credit is extended, to decline any insurance provided by you. Subject to applicable law, if you fail to obtain or maintain insurance
as required in the Mortgage, we may purchase insurance to protect our own interest, add the premium to your balance, pursue any other
remedies available to us, or do any one or more of these things.
Right of Setoff. To the extent permitted by applicable law, we reserve a right of setoff in all your accounts with us (whether checking, savings,
or some other account), including without limitation, all accounts you may open in the future. However, this does not include any IRA or Keogh
accounts, or any trust accounts for which setoff would be prohibited by law. You authorize us, to the extent permitted by applicable law, to
charge or setoff all sums owing on this Agreement against any and all such accounts.
Periodic Statements. If you have a balance owing on your Credit Line Account or have any account activity, we will send you a periodic
statement. It will show, among other things, credit advances, FINANCE CHARGES, other charges, payments made, other credits, your
"Previous Balance," and your "New Balance." Your statement also will identify the Minimum Payment you must make for that billing period
and the date it is due.
When FINANCE CHARGES Begin to Accrue. Periodic FINANCE CHARGES for credit advances under your Credit Line will begin to accrue on the
date credit advances are posted to your Credit Line. There is no "free ride period" which would allow you to avoid a FINANCE CHARGE on your
Credit Line credit advances.
Method Used to Determine the Balance on Which the FINANCE CHARGE Will Be Computed. A daily FINANCE CHARGE will be imposed on all
credit advances made under your Credit Line imposed from the date of each credit advance based on the "average daily balance" method. To
get the average daily balance, we take the beginning balance of your Credit Line Account each day, add any new advances and subtract any
payments or credits and any unpaid FINANCE CHARGES. This gives us a daily balance. Then, we add up all the daily balances for the billing
cycle and divide the total by the number of days in the billing cycle. This gives us the "average daily balance."
Method of Determining the Amount of FINANCE CHARGE. Any FINANCE CHARGE is determined by applying the "Periodic Rate" to the balance
described herein. Then we multiply by the number of days in the billing cycle. This is your FINANCE CHARGE calculated by applying a Periodic
Rate.
Periodic Rate and Corresponding ANNUAL PERCENTAGE RATE. We will determine the Periodic Rate and the corresponding ANNUAL
PERCENTAGE RATE as follows. We start with an independent index which is the Prime Rate as published in the Money Rate Section of the
Wall Street Journal (the "Index"). We will use the mos, gent Index value available to us as of the date of Pny ANNUAL PERCENTAGE RATE
adjustment. The Index is not necessarily the lowest rat ..arged by us on our loans. If the Index becomes vailable during the term of this
Credit Line Account, we may designate a substitute index after notice to you. To determine the Periodic Rb., that will apply to your account,
HOME EQUITY LINE = CREDIT AGREEMENT AND DI` OSURE
Loan No: 930025937 (Continued)
Page 3
we add a margin to the value of the Index, then divide the value by the number of days in a year (daily). To obtain the ANNUAL PERCENTAGE
RATE we multiply the Periodic Rate by the number of days in a year (daily). This result is the ANNUAL PERCENTAGE RATE. The ANNUAL
PERCENTAGE RATE includes only interest and no other costs.
The Periodic Rate and the corresponding ANNUAL PERCENTAGE RATE on your Credit Line will increase or decrease as the Index increases or
decreases from time to time. Adjustments to the Periodic Rate and the corresponding ANNUAL PERCENTAGE RATE resulting from changes in
the Index will take effect Monthly on the first day of the next billing cycle after index change. In no event will the corresponding ANNUAL
PERCENTAGE RATE be more than the lesser of 18.000% or the maximum rate allowed by applicable law. Today the Index is 5.250% per
annum, and therefore the initial Periodic Rate and the corresponding ANNUAL PERCENTAGE RATE on your Credit Line are as stated below:
Range of Balance
or Conditions
All Balances
Current Rates for the First Payment Stream
Margin Added ANNUAL PERCENTAGE
to Index RATE
Daily Periodic
Rate
0.01712%
1.000%
6.250%
Notwithstanding any other provision of this Agreement, we will not charge interest on any undisbursed loan proceeds, except as may be
permitted during any Right of Rescission period.
Conditions Under Which Other Charges May Be Imposed. You agree to pay all the other fees and charges related to your Credit Line as set forth
below:
Returned Items. You may be charged $35.00 if you pay your Credit Line obligations with a check, draft, or other item that is dishonored
for any reason, unless applicable law requires a lower charge or prohibits any charge.
Fee to Stop Payment. Your Credit Line Account may be charged $25.00 when you request a stop payment on your account.
Overlimit Charge. Your Credit Line Account may be charged $30.00 if you cause your Credit Line Account to go over your Credit Limit.
This includes writing a Equity Reserve Advance Check in excess of your available balance.
Late Charge. Your payment will be late if it is not received by us within 15 days after the "Payment Due Date" shown on your periodic
statement. If your payment is late we may charge you 5.000% of the payment.
Lien Release Fees. In addition to all other charges, you agree, to the extent not prohibited by law, to pay all governmental fees for release
of our security interests in collateral securing your Credit Line, You will pay these fees at the time the lien or liens are released. The
estimated amount of these future lien release fees is $33.50.
Lender's Rights. Under this Agreement, we have the following rights:
Termination and Acceleration. We can terminate your Credit Line Account and require you to pay us the entire outstanding balance in one
payment, and charge you certain fees, if any of the following happen: (1) You commit fraud or make a material misrepresentation at any
time in connection with this Credit Agreement. This can include, for example, a false statement about your income, assets, liabilities, or
any other aspects of your financial condition. (2) You do not meet the repayment terms of this Credit Agreement. (3) Your action or
inaction adversely affects the collateral for the plan or our rights in the collateral. This can include, for example, failure to maintain required
insurance, waste or destructive use of the dwelling, failure to pay taxes, death of all persons liable on the account, transfer of title or sale
of the dwelling, creation of a senior lien on the dwelling without our permission, foreclosure by the holder of another lien, or the use of
funds or the dwelling for prohibited purposes.
Suspension or Reduction. In addition to any other rights we may have, we can suspend additional extensions of credit or reduce your
Credit Limit during any period in which any of the following are in effect:
(1) The value of your property declines significantly below the property's appraised value for purposes of this Credit Line Account. This
includes, for example, a decline such that the initial difference between the Credit Limit and the available equity is reduced by fifty percent
and may include a smaller decline depending on the individual circumstances.
(2) We reasonably believe that you will be unable to fulfill your payment obligations under your Credit Line Account due to a material
change in your financial circumstances.
(3) You are in default under any material obligations of this Credit Line Account. We consider all of your obligations to be material.
Categories of material obligations include the events described above under Termination and Acceleration, obligations to pay fees and
charges, obligations and limitations on the receipt of credit advances, obligations concerning maintenance or use of the property or
proceeds, obligations to pay and perform the terms of any other deed of trust, mortgage or lease of the property, obligations to notify us
and to provide documents or information to us (such as updated financial information), obligations to comply with applicable laws (such as
zoning restrictions), and obligations of any comaker. No default will occur until we mail or deliver a notice of default to you, so you can
restore your right to credit advances.
(4) We are precluded by government action from imposing the ANNUAL PERCENTAGE RATE provided for under this Agreement.
(5) The priority of our security interest is adversely affected by government action to the extent that the value of the security interest is
less than one hundred twenty percent (120%) of the Credit Limit.
(6) We have been notified by governmental authority that continued advances may constitute an unsafe and unsound business practice.
Change in Terms. We may make changes to the terms of this Agreement if you agree to the change in writing at that time, if the change
will unequivocally benefit you throughout the remainder of your Credit Line Account, or if the change is insignificant (such as changes
relating to our data processing systems). If the Index Is no longer available, we will choose a new Index and margin. The new Index will
have an historical movement substantially similar to the original Index, and the new Index and margin will result in an ANNUAL
PERCENTAGE RATE that is substantially similar to the rate in effect at the time the original index becomes unavailable. We may prohibit
additional extensions of credit or reduce your Credit Limit during any period in which the maximum ANNUAL PERCENTAGE RATE under
your Credit Line Account is reached.
Collection Costs. We may hire or pay someone else to help collect this Agreement if you do not pay. You will pay us that amount. This
includes, subject to any limits under applicable law, our reasonable attorneys' fees and our 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, you also will pay any court costs, in addition to all other sums provided
by law.
HOME EQUITY LINE OF CREDIT AGREEMENT AND DISCLOSURE
Loan No: 930025937 (Continued) Page 4
Rate Increase. In addition to our other rights during termination and acceleration, we may increase the variable ANNUAL PERCENTAGE
RATE under this Agreement to 2.000 percentage points over the then applicable ANNUAL PERCENTAGE RATE. The ANNUAL
PERCENTAGE RATE will not exceed the maximum rate permitted by applicable law. If we do not increase the ANNUAL PERCENTAGE
RATE upon termination or acceleration of your Credit Line Account, it will continue at the variable rate in effect as of the date of
termination or acceleration of your Credit Line Account.
Access Devices. If your Credit Line is suspended or terminated, you must immediately return to us all Equity Reserve Advance Checks and
any other access devices. Any use of Equity Reserve Advance Checks or other access devices following suspension or termination may be
considered fraudulent. You will also remain liable for any further use of Equity Reserve Advance Checks or other Credit Line access
devices not returned to us.
Delay in Enforcement. We may delay or waive the enforcement of any of our rights under this Agreement without losing that right or any other
right. If we delay or waive any of our rights, we may enforce that right at any time in the future without advance notice. For example, not
terminating your account for non-payment will not be a waiver of our right to terminate your account in the future if you have not paid.
Cancellation by you. If you cancel your right to credit advances under this Agreement, you must notify us and return all Equity Reserve Advance
Checks and any other access devices to us. Despite cancellation, your obligations under this Agreement will remain in full force and effect until
you have paid us all amounts due under this Agreement.
Prepayment. You may prepay all or any amount owing under this Credit Line at any time without penalty, except we will be entitled to receive
all accrued FINANCE CHARGES, and other charges, if any. Payments in excess of your Minimum Payment will not relieve you of your obligation
to continue to make your Minimum Payments. Instead, they will reduce the principal balance owed on the Credit Line. You agree not to send
us payments marked "paid in full", "without recourse", or similar language. If you send such a payment, we may accept it without losing any of
our rights under this Agreement, and you will remain obligated to pay any further amount owed to us. All written communications concerning
disputed amounts, including any check or other payment instrument that indicates that the payment constitutes "payment in full" of the amount
owed or that is tendered with other conditions or limitations or as full satisfaction of a disputed amount must be mailed or delivered to:
COMMERCE BANK/HARRISBURG N.A., LOAN SERVICING, PO BOX 4999 HARRISBURG, PA 17111-0999.
Notices. All notices will be sent to your address as shown in this Agreement. Notices will be mailed to you at a different address if you give us
written notice of a different address. You agree to advise us promptly if you change your mailing address.
Credit Information and Related Matters. You authorize us to release information about you to third parties as described in our privacy policy and
our Fair Credit Reporting Act notice, provided you did not opt out of the applicable policy, or as permitted by law. You agree that, upon our
request, you will provide us with a current financial statement, a new credit application, or both, on forms provided by us. You also agree we
may obtain credit reports on you at any time, at our sole option and expense, for any reason, including but not limited to determining whether
there has been an adverse change in your financial condition. We may require a new appraisal of the Property which secures your Credit Line at
any time, including an internal inspection, at our sole option and expense.
Transfer or Assignment. Without prior notice or approval from you, we reserve the right to sell or transfer your Credit Line Account and our
rights and obligations under this Agreement to another lender, entity, or person, and to assign our rights under the Mortgage. Your rights under
this Agreement belong to you only and may not be transferred or assigned. Your obligations, however, are binding on your heirs and legal
representatives. Upon any such sale or transfer, we will have no further obligation to provide you with credit advances or to perform any other
obligation under this Agreement.
Tax Consequences. You understand that neither we, nor any of our employees or agents, make any representation or warranty whatsoever
concerning the tax consequences of your establishing and using your Credit Line, including the deductibility of interest, and that neither we nor
our employees or agents will be liable in the event interest on your Credit Line is not deductible. You should consult your own tax advisor for
guidance on this subject.
Notify Us of Inaccurate Information We Report To Consumer Reporting Agencies. Please notify us if we report any inaccurate information about
your account(s) to a consumer reporting agency. Your written notice describing the specific inaccuracylies) should be sent to us at the
following address: COMMERCE BANK/HARRISBURG N.A. LOAN SERVICING 3801 PAXTON STREET HARRISBURG, PA 17111.
Governing Law. This Agreement will be governed by federal law applicable to us 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 Agreement has been accepted by us in the
Commonwealth of Pennsylvania.
Caption Headings. Caption headings in this Agreement are for convenience purposes only and are not to be used to interpret or define the
provisions of this Agreement.
Interpretation. You agree that this Agreement, together with the Mortgage, is the best evidence of your agreements with us. If we go to court
for any reason, we can use a copy, filmed or electronic, of any periodic statement, this Agreement, the Mortgage or any other document to
prove what you owe us or that a transaction has taken place. The copy, microfilm, microfiche, or optical image will have the same validity as
the original. You agree that, except to the extent you can show there is a billing error, your most current periodic statement is the best
evidence of your obligation to pay.
Severability. If a court finds that any provision of this Agreement is not valid or should not be enforced, that fact by itself will not mean that the
rest of this Agreement will not be valid or enforced. Therefore, a court will enforce the rest of the provisions of this Agreement even if a
provision of this Agreement may be found to be invalid or unenforceable.
Acknowledgment. You understand and agree to the terms and conditions in this Agreement. By signing this Agreement, you acknowledge that
you have read this Agreement. You also acknowledge receipt of a completed copy of this Agreement, including the Fair Credit Billing Notice and
the early home equity line of credit application disclosure, in addition to the handbook entitled "What you should know about Home Equity Lines
of Credit," given with the application.
• HOME EQUITY LINE r- CREDIT AGREEMENT AND DIE OSURE
Loan No: 930025937 (Continued)
Page 5
This Agreement is dated arch 28, 2008.
THIS AGREEMENT IS IVEN UNDER SEAL AND IT IS INTENDED THAT THIS AGREEMENT IS AND SHALL CONSTITUTE AND HAVE THE
EFFECT OF A SEALED NSTRUMENT ACCORDING TO LAW.
BORROWER:
X Iseal? X
Tod G. Shedlosky Lisa T. Shedlosky Isearl
Effective Disbursement Date: (' r
NOTICE TO COSIGNER
You are being asked to guarantee this debt. Think carefully before you do. It the borrower doesn't pay the debt, you will have to. Be sure you
can afford to pay if you have to, and that you want to accept this responsibility.
You may have to pay up to the full amount of the debt if the borrower does not pay. You may also have to pay late fees or collection costs,
which increase this amount.
The Lender can collect this debt from you without first trying to collect from the borrower. The Lender can use the some collection methods
against you that can be used against the borrower, such as suing you, garnishing your wages, etc. If this debt is ever in default, that fact may
become a part of YOUR credit record.
This notice is not the contract that makes you liable for the debt.
HOME EQUITY LINE OF CREDIT AGREEMENT AND DISCLOSURE
Loan No: 930025937 (Continued) Page 6
BILLING ERROR RIGHTS
YOUR BILLING RIGHTS
KEEP THIS NOTICE FOR FUTURE USE
This notice contains important information about your rights and our responsibilities under the Fair Credit Billing Act.
Notify us in case of errors or questions about your bill.
If you think your bill is wrong, or if you need more information about a transaction on your bill, write us on a separate sheet at
COMMERCE BANK/HARRISBURG N.A.
LOAN SERVICING
3801 PAXTON STREET
HARRISBURG, PA 17111-1418
or at the address listed on your bill. Write to us as soon as possible. We must hear from you no later than sixty (60) days after we sent you the
first bill on which the error or problem appeared. You can telephone us, but doing so will not preserve your rights.
In your letter, give us the following information:
Your name and account number.
The dollar amount of the suspected error.
Describe the error and explain, if you can, why you believe there is an error. If you need more information, describe the item you are
not sure about,
If you have authorized us to pay your bill automatically from your savings or checking account, you can stop the payment on any amount you
think is wrong. To stop the payment, your letter must reach us three (3) business days before the automatic payment is scheduled to occur.
Your rights and our responsibilities after we receive your written notice.
We must acknowledge your letter within thirty (30) days, unless we have corrected the error by then. Within ninety (90) days, we must either
correct the error or explain why we believe the bill was correct.
After we receive your letter, we cannot try to collect any amount you question, or report you as delinquent. We can continue to bill you for the
amount you question, including finance charges, and we can apply any unpaid amount against your Credit Limit. You do not have to pay any
questioned amount while we are investigating, but you are still obligated to pay the parts of your bill that are not in question.
If we find that we made a mistake on your bill, you will not have to pay any finance charges related to any questioned amount. If we didn't
make a mistake, you may have to pay finance charges, and you will have to make up any missed payments on the questioned amount. In either
case, we will send you a statement of the amount you owe and the date on which it is due.
If you fail to pay the amount that we think you owe, we may report you as delinquent. However, if our explanation does not satisfy you and
you write to us within ton (10) days telling us that you still refuse to pay, we must tell anyone we report you to that you have a question about
your bill. And, we must tell you the name of anyone we reported you to. We must tell anyone we report you to that the matter has been
settled between us when it finally is.
If we don't follow these rules, we can't collect the first $50 of the questioned amount, even if your bill was correct.
USEA PRO Ln-q, Va. 5.39.0D.006 Cep. --d;-R 5ew,Yn,, 5, , 1992, oM AR Roh, ft-. PA S'.1CFA-D25SC TR-16221 W 55
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Parcel Identification
Number:
10-17-1029-229
RECORDATION
REQUESTED BY: (??1 I
COMMERCE
BANK/HARRISBURG N.A.
?cJ I,X,
'
`
MARKET STREET U
j
/'
?•?J
LEMOYNE t
-
1249 MARKET STREET Y
LEMOYNE, PA 17043
WHEN RECORDED MAIL
TO:
COMMERCE
BANK/HARRISBURG N.A.
LOAN SERVICING
3801 PAXTON STREET
II
HARRISBURG, PA
17111-1418
SEND TAX NOTICES TO:
Tod G. Shedlosky
Lisa T. Shedlosky
6346 North Powderhorn
Road
Mechanicsburg, PA 17050 FOR RECORDER'S USE ONLY
OPEN - EN1 3 MORTGAGE AND SECURITY AGREEMENT
(This instrument is an open
H 8143
d 8144
A
N end mortgage and secures future advances pursuant to 42 Pa. C. S.
1
an
,
ct
o 126 of
990)
Amount Secured Hereby: 5100,000.00
THIS MORTGAGE dated M rch 28, 2008, is made and executed between Tod G. Shedlosky
and Lisa T. Shedlosky, wh se address is 6346 North Powderhorn Road, Mechanicsburg, PA
17050 (referred to below as "Grantor") and COMMERCE BANKMARRISBURG N.A., whose
address is 1249 MARKETSTREET, LEMOYNE, PA 17043 (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 aW other rights, royalties, and profits relating to the real property, including without
limitation all minerals, oil, gas, ge thermal 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 6346 North Powderhorn Road,
Mechanicsburg, PA 17050. The Real Property parcel identification number is
10-17-1029-229.
REVOLVING LINE OF CREDIT. Th Mortgage secures the Indebtedness including, without limitation, a'revolving line of
credit, which obligates Lender to aka advances to Grantor unless Grantor fails to comply with all the terms of the
Credit Agreement. Such advance may be made, repaid, and remade from time to time, subject to the limitation that
the total outstanding balance o ng at any one time, not including finance charges on such balance at a fixed or
variable rate or sum as provided the Credit Agreement, any temporary overages, other charges, and any amounts
expended or advanced as provid d in this paragraph, shall not exceed the Credit Limit as provided in the Credit
Agreement. It is the intention of Grantor and Lender that this Mortgage secures the balance outstanding under the
MORTGAGE
Loan No: 930025937 I (Continued) Page 2
Credit Agreement from time to time from zero up to the Credit Limit as provided in the Credit Agreement and any
intermediate balance, plus interest.
THIS MORTGAGE, INCLUDING T ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND
PERSONAL PROPERTY, IS GIVEN 0 SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF
EACH OF GRANTOR'S AGREEME S AND OBLIGATIONS UNDER THIS MORTGAGE. THIS MORTGAGE IS GIVEN
AND ACCEPTED ON THE FOLLOW( G 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 MAINTENANC OF THE PROPERTY. Grantor agrees that Grantor's possession and use of the
Property shall be governed by the f' (lowing provisions:
Possession and Use. Until t occurrence of an Event of Default, Grantor may (1) remain in possession and
control of the Property; (2) u e, operate or manage the Property; and (3) collect the Rents from the Property.
Duty to Maintain. Grantor hall maintain the Property in good condition and promptly perform all repairs,
replacements, and maintenanc necessary to preserve its value.
Hazardous Substances. Grai
long as this Mortgage remain
disposal, release or threater
Grantor authorizes Lender an
may deem appropriate to deti
(1) releases and waives ar
becomes liable for cleanup o
harmless Lender against any
This obligation to indemnify F
Mortgage.
DUE ON SALE - CONSENT BY LEI
secured by this Mortgage upon thi
Property, or any interest in the Re
title or interest in the Real Propert
outright sale, deed, installment sF
than three (3) years, lease-option
trust holding title to the Real Pr(
However, this option shall not be
law.
TAXES AND LIENS. The followin(
Payment. Grantor shall pay u
assessments, water charges
when due all claims for work
maintain the Property free of
except for the Existing Indebl
Lender, and except for the
Mortgage.
PROPERTY DAMAGE
Mortgage:
Maintenance of Insurance. (
coverage endorsements on a
Property in an amount suffic
clause in favor of Lender. I
reasonably acceptable to Le
containing a stipulation that c
written notice to Lender and
Each insurance policy also s
impaired in any way by any ,
located in an area designate
hazard area, Grantor agrees t
is given by Lender that the Pr
credit line and the full unpai
or represents and warrants that the Property never has been, and never will be so
a lien on the Property, used for the generation, manufacture, storage, treatment,
d release of any Hazardous Substance in violation of any Environmental Laws.
its agents to enter upon the Property to make such inspections and tests as Lender
mine compliance of the Property with this section of the Mortgage. Grantor hereby
future claims against Lender for indemnity or contribution in the event Grantor
other costs under any such laws, and (2) agrees to indemnity, defend, and hold
nd all claims and losses resulting from a breach of this paragraph of the Mortgage.
id defend shall survive the payment of the Indebtedness and the satisfaction of this
)ER. Lender may, at Lender's option, declare immediately due and payable all sums
sale or transfer, without Lender's prior written consent, of all or any part of the Real
Property. A "sale or transfer" means the conveyance of Real Property or any right,
whether legal, beneficial or equitable; whether voluntary or involuntary; whether by
contract, land contract, contract for deed, leasehold interest with a term greater
mtract, or by sale, assignment, or transfer of any beneficial interest in or to any land
erty, or by any other method of conveyance of an interest in the Real Property.
xercised by Lender if such exercise is prohibited by federal law or by Pennsylvania
)visions relating to the taxes and liens on the Property are part of this Mortgage:
t due (and in all events prior to delinquency) all taxes, payroll taxes, special taxes,
sewer service charges levied against or on account of the Property, and shall pay
ie on or for services rendered or material furnished to the Property. Grantor shall
liens having priority over or equal to the interest of Lender under this Mortgage,
ass referred to in this Mortgage or those liens specifically agreed to in writing by
of taxes and assessments not due and except as otherwise provided in this
The following provisions relating to insuring the Property are a part of this
•entor shall procure and maintain policies of fire insurance with standard extended
eplacement basis for the full insurable value covering all Improvements on the Real
nt to avoid application of any coinsurance clause, and with a standard mortgagee
licies shall be written by such insurance companies and in such form as may be
der. Grantor shall deliver to Lender certificates of coverage from each insurer
verage will not be cancelled or diminished without a minimum of ten (10) days' prior
of containing any disclaimer of the insurer's liability for failure to give such notice.
all include an endorsement providing that coverage in favor of Lender will not be
t, omission or default of Grantor or any other person. Should the Real Property be
by the Director of the Federal Emergency Management Agency as a special flood
obtain and maintain Federal Flood Insurance, if available, within 45 days after notice
perty is located in a special flood hazard area, for the maximum amount of Grantor's
principal balance of any prior liens on the property securing the loan, up to the
Loan No: 930025937
MORTGAGE
(Continued)
Page 3
maximum policy limits set un' er the National Flood Insurance Program, or as otherwise required by Lender, and to
maintain such insurance for de 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 paym nts are due under the Credit Agreement until the Credit Agreement is paid in full, a
sum ("Escrow Funds") equal o 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 stand rd extended coverage required under this Mortgage ("Escrow Items"). Lender may
estimate the amount of Escr w Funds on the basis of current data and a reasonable estimate of future Escrow
Items. All Escrow Funds sh I 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 agre in writing that interest shall be paid on the Escrow Funds. Unless an agreement is
made or applicable law requ, es interest to be paid, Lender shall not be required to pay Grantor any interest or
earnings on the Escrow Funds. The Escrow Funds are pledged as additional security for the amounts secured by
this Mortgage. If the amoun of the Escrow Funds held by Lender, together with the future monthly payments of
Escrow Funds prior to the due dates of the Escrow Items, shall exceed the amount required to pay the Escrow
Items when due, the excess hall 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 G' antor 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 ith any obligation to maintain Existing Indebtedness in good standing as required
below, then Lender may do 'o. If any action or proceeding is commenced that would materially affect Lender's
interests in the Property, the' Lender on Grantor's behalf may, but is not required to, take any action that Lender
believes to be appropriate to rotect Lender's interests. All expenses incurred or paid by Lender for such purposes
will then bear interest at the ' ate charged under the Credit Agreement from the date incurred or paid by Lender to
the date of repayment by G ntor. All such expenses will become a part of the Indebtedness and, at Lender's
option, will (1) be payable o demand; (2) be added to the balance of the Credit Agreement and be apportioned
among and be payable with any installment payments to become due during either (a) the term of any applicable
insurance policy; or (b) they remaining term of the Credit Agreement; or (3) be treated as a balloon payment
which will be due and pays ? le at the Credit Agreement's maturity. Grantor's obligation to Lender for all such
expenses shall survive the en.ry of any mortgage foreclosure judgment.
Warranty; Defense of Title. I 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 f Ilowing provisions concerning Existing Indebtedness are a part of this Mortgage:
Existing Lien. 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 pre ant any default on such indebtedness, any default under the instruments evidencing
such indebtedness, or a default under any security documents for such indebtedness.
Full Performance. If Grantor pays all the Indebtedness when due, terminates the credit line account, and otherwise
performs all the obligations i posed upon Grantor under this Mortgage, Lender shall execute and deliver to Grantor
a suitable satisfaction of this Mortgage and suitable statements of termination of any financing statement on file
evidencing Lender's security interest in the Rents and the Personal Property. Grantor will pay, if permitted by
applicable law, any reasonabl' termination fee as determined by Lender from time to time.
Events of Default. Grantor ill be in default under this Mortgage if any of the following happen: (1) Grantor
commits fraud or makes a _ terial misrepresentation at any time in connection with the Credit Agreement. This
can include, for example, a else statement about Grantor's income, assets, liabilities, or any other aspects of
Grantor's financial condition} (2) Grantor does not meet the repayment terms of the Credit Agreement. (3)
Grantor's action or inaction a' versely affects the collateral or Lender's rights in the collateral. This can include, for
example, failure to maintain i required insurance, waste or destructive use of the dwelling, failure to pay taxes,
MORTGAGE
Loan No: 930025937 (Continued) Page 4
death of all persons liable on'; he account, transfer of title or sale of the dwelling, creation of a senior lien on the
dwelling without Lender's permission, foreclosure by the holder of another lien, or the use of funds or the dwelling
for prohibited purposes.
Rights and Remedies on Def k. 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 b 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. Le er 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 he Real Property by non-judicial sale.
Other Remedies. Lende shall have all other rights and remedies provided in this Mortgage or the Credit
Agreement or available a' law or in equity.
Sale of the Property. T the extent permitted by applicable law, Grantor hereby waives any and all right to
have the Property marsh' lied. In exercising its rights and remedies, Lender shall be free to sell all or any part
of the Property togetherr separately, in one sale or by separate sales. Lender shall be entitled to bid at any
public sale on all or any rtion of the Property.
Election of Remedies. P I 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 s , that decision by Lender will not affect Lender's right to declare Grantor in default
and to exercise Lender's emedies.
Attorneys' Fees; Expen as. If Lender institutes any suit or action to enforce any of the terms of this
Mortgage, Lender shall a entitled to recover such sum as the court may adjudge reasonable as attorneys'
fees at trial and upon any appeal. Whether or not any court action is involved, and to the extent not
prohibited by law, all reasonable expenses Lender incurs that in Lender's opinion are necessary at any time for
the protection of its interest or the enforcement of its rights shall become a part of the Indebtedness payable
on demand and shall bear interest at the Credit Agreement 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 reasonable attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit,
including reasonable attorneys' fees and expenses for bankruptcy proceedings (including efforts to modify or
vacate any automatic sty or injunction), appeals, and any anticipated post-judgment collection services, the
cost of searching record s, 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.
Advance Money Mortgage. ( I This Mortgage secures future advances made pursuant to the Credit Agreement or
Related Documents. Without limiting the foregoing, this Mortgage secures all advances made by Lender or Banks
of any kind or nature described in 42 Pa. C.S.A. § 8144. (2) If Grantor sends a written notice to Lender which
purports to limit the indebted ess secured by this Mortgage and to release the obligation of Lender to make any
additional advances to or for the benefit of Grantor, such a notice shall be ineffective as to any future advances
made: (a) to enable completion of the improvements on the Real Property for which the loan secured hereby was
originally made; (b) to pay axes, assessments, maintenance charges and insurance premiums; (c) for costs
incurred for the protection of the Property or the lien of this Mortgage; (d) on account of expenses incurred by
Lender by reason of a default of Grantor hereunder or under the Related Documents or under the Credit
Agreement; and (e) on account of any other costs incurred by Lender to protect and preserve the Property or the
lien of this Mortgage. It is the intention of the parties hereto that any such advance made by Lender after any such
notice by Grantor shall be sec red by the lien of this Mortgage on the Property.
Miscellaneous Provisions. The following miscellaneous provisions are a part of this Mortgage:
Governing Law. This M, rtgage will be governed by federal law applicable to Lender and, to the extent not
preempted by federal la , the laws of the Commonwealth of Pennsylvania without regard to its conflicts of
law provisions. This Mo gage has been accepted by Lender in the Commonwealth of Pennsylvania.
Time is of the Essence. Time is of the essence in the performance of this Mortgage.
Definitions. The following words shall have the following meanings when used in this Mortgage:
MORTGAGE
Loan No: 9300259
37 (Continued) Page 5
Borrower. The word "B, rrower" means Tod G. Shedlosky and Lisa T. Shedlosky and includes all co-signers
and co-makers signing t' a Credit Agreement and all their successors and assigns.
Credit Agreement. The !words "Credit Agreement" mean the credit agreement dated March 28, 2008, with
credit limit of $106,000.00 from Grantor to Lender, together with all renewals of, extensions of,
modifications of, refinar? ings of, consolidations of, and substitutions for the promissory note or agreement.
NOTICE TO GRANTOR: !THE CREDIT AGREEMENT CONTAINS A VARIABLE INTEREST RATE.
i
Environmental Laws. T e words "Environmental Laws" mean any and all state, federal and local statutes,
regulations and ordinan ` s relating to the protection of human health or the environment, including without
limitation the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended,
42 U.S.C. Section 9601' at seq. ("CERCLA"), the Superfund Amendments and Reauthorization Act of 1986,
Pub. L. No. 99-499 (*SARA"), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, at seq.,
the Resource Conservati n and Recovery Act, 42 U.S.C. Section 6901, et seq., or other applicable state or
federal laws, rules, or re ulations adopted pursuant thereto.
Event of Default. The ords "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. he words "Existing Indebtedness" mean the indebtedness described in the Existing
Liens provision of this M' rtgage.
Grantor. The word "Gr ! tor" means Tod G. Shedlosky and Lisa T. Shedlosky.
Indebtedness. The wor "Indebtedness" means all principal, interest, and other amounts, costs and expenses
payable under the Cre t Agreement or Related Documents, together with all renewals of, extensions of,
modifications of, consols ations of and substitutions for the Credit Agreement 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 ob gations under this Mortgage, together with interest on such amounts as provided in
this Mortgage. The lien and security interests created pursuant to this Mortgage covering the Indebtedness
which may be created in the future shall relate back to the date of this Mortgage.
Lender. The word "Len er" means COMMERCE BANK/HARRISBURG N.A., its successors and assigns. The
words "successors or ssigns" mean any person or company that acquires any interest in the Credit
Agreement.
Mortgage. The word " rtgage" means this Mortgage between Grantor and Lender.
Personal Property. The ords "Personal Property" mean all equipment, fixtures, and other articles of personal
property now or hereaft, r owned by Grantor, and now or hereafter attached or affixed to the Real Property;
together with all access' ns, 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 "Pr perty" means collectively the Real Property and the Personal Property.
Real Property. The wor s "Real Property" mean the real property, interests and rights, as further described in
this Mortgage.
Related Documents. T a words "Related Documents" mean all promissory notes, credit agreements, loan
agreements, environmen al agreements, guaranties, security agreements, mortgages, deeds of trust, security
deeds, collateral mortga es, and all other instruments, agreements and documents, whether now or hereafter
existing, executed in co nection with the Indebtedness.
Rents. The word "Rent l" means all present and future rents, revenues, income, issues, royalties, profits, and
other benefits derived fr m the Property.
MORTGAGE
Loan No: 930025937 (Continued) Page 6
EACH GRANTOR ACKNOWLEDG S 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 A AVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW.
GRANTOR:
?? --? e {Seaq
Lisa T. Shedlo kv
CERTIFICATE OF RESIDENCE
1 hereby certify, that the prkise address of the mortgagee, COMMERCE BANK/HARRISBURG N.A., herein is as
follows:
MARKET STREET LEMOYNE, 249 MARKET STREET, LEMOYNE, PA 17Q43
ttor or Agent for ortgagee
DIVIDUAL ACKNOWLEDGMENT
COMMONWEALTH OF J?P?ENNNSYLLV
COUNTY OF CUMV),LMal
J Orufhk ,tha? n - ,?'3 J
i. Jhemosuy, Known -to me
instrument, and acknowledge
In witness whereof) .be
Notarial Seal
Melissa A, Whe ay, Notary Pub
Hampden Twp., Cumberland Coi
My Commission Expires Oct. 5, 2
Member, Pennsylvania Association of
? NIA
)SS
day of _'LLdriJ 120 , before me
the undersigned Notary Public, personally appeared Tod G. Shedlosky and Lisa
atisfactorily proven) to be the person whose names are subscribed to the within
they executed t same for the purposes therein contained.
my hand an offic' 1 ea
Notary P blic in and for the State of
PA S:1CFI\LPL\G03.FC TR-26227 PR-59
«A„
Property address: 6346 North Powderhorn Road, Mechanicsburg, PA 17050
ALL THAT CPTAIA parcel knaamn Lot No. 83, Phase 2. Section II, Newpden
H*Iohts. Hampden Tawnshxp,-Cum land County, Pennsylvania, oavording to a
Plan o£ Hmpden fteighta for Pa Hills Nest, Inc., by Whittoek-Hertsen, Robert
Hartman, R.P.B. detail Burewber e, 1987 and recorded in Plan Book 58, Page
39, bounded and dexribed in a 'ordaeee with said Plan as follows;
BEGINNING at a point an the So
load, mid point betas a commo
from said point of beginning a
09 seconds West a distance of
Lot No. BBc thence along a par
North 87 degrees 09 minutes 52
Point at a common property eat
84 North 02 degrees 50 minutes
a point on the Southern right,
along said Southern rlght-of-wi
09 minutes 52 seconds East a d.
of BEGINNING. Said Lot contai
horn risht-of-wy line of North Powderhern . .
property corner of Lot No. 82 and 83; thence
ng sold Lot No. 82 South 02 drgreaa 50 minute*
5.00 feet. to a point on the property line of
on of lAt'No. 88 and a portion of Los No. 87
econds Must a distance of 110.00 feet to a
r of Lot No. 83 and 84; thence along Lot No.
B seconds Beat a distance of 125.40 feet to
-way line of North Powderhorn Road; thence
line of North Powdvehorn Road South 87 daarees
tance of 110.00 feat to a point; the point
13,750.04 square foot/
RG °
ID
?
4 .,a
a: 0
a0£ C0
M U9
IIWAAIIV tl.
06'12 z 'th9 Z0DO 099T 60'0L
a
m
U
i
N
2
M
0
,or
TOD G SHEDLOSKY
6346 N POWDERHORN RD
MECHANICSBURG PA 17050
METRO
BANK
3801 Paxion Street
Harrisburg • PA- 17111
mymatmbank.com
888.937.0004
February 19, 2010
ACT 6/91 NOTICE
TAKE ACTION TO SAVE
YOUR HOME FROM
FORECLOSURE
attached paves.
The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
{HEMAPI may be able to help to save your home, This Notice explains how the protram
works.
ATE OF THIS
this Notice with you when you meet with the Counselinz 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 contactan attorney in your area. The local bar association may be
able to help you find a lawyer.
LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU
DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL
CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION
INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING
FINANCE AGENCY) SIN' CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES
SER ELEGIBLE PARA,UN PRESTAMO POR EL PROGRAMA LLAMADO
"HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL
PUEDE SALVAR SU CA5A DE LA PERDIDA DEL DERECHO A REDIMIR. SU
HIPOTECA.
TOD G SHEDLOSKY
AND LISA T SHEDLOSKY
6346 N POW DERH'ORN RD
MECHANICSBURG' PA 17050
Property Address - 6346 N POWDERHORN RD, MECHANICSBURG
Loan account number - 000930025937
Original lender - Metro Bank
Current Lender/Services - Metro Bank
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE
PROGRAM
HELP YOU MAKE FUTURE MORTGAGE PAYMENTS
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S
EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT") YOU MAY
BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE:
•IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR
CONTROL,
• IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR
MORTGAGE PAYMENTS, AND
• IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE
PENNSYLVANIA HOUSING FINANCE AGENCY.
TEMPORARY STAY OF FORECLOSURE-Under the Act, you are entitled to a temporary
stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three
(3) days for mailing). During that time you must arrange and attend a "face-to-face" meeting
with one of the consumer credit counseling agencies listed at the end of this Notice. THIS
MEETING MUST OCCUR WITHIN THIRTY-THREE (33) DAYS OF THE DATE OF
THIS NOTICE. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE
ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE'. THE PART OF
THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS
HOW TO BRING YOUR MORTGAGE UP TO DATE.
CONSUMER CREDIT COUNSELING AGENCIES-If you meet with one of the consumer
credit counseling agencies listed at the end of this notice, the lender may NOT take action
against you for thirty (30) days after the date of this meeting. The names. addresses and>
telephone numbers of designated consumer credit counseling agencies for the county in which
the property is located are set forth at the end of this Notice. It is only necessary to schedule one
face-to-face meeting. Advise your lender immediately of your intentions.
APPLICATION FOR MORTGAGE ASSISTANCE-Your mortgage is in default for the
reasons set forth later in this Notice (see following pages for specific information about the
nature of your default.) You have the right to apply for financial assistance from the
Homeowner's Emergency Mortgage Assistance Program, To do so, you must fill out, sign and
file a completed Homeowner's Emergency Assistance Program Application with one of the
designated consumer credit counseling agencies listed at the end of this Notice. Only consumer
credit counseling agencies have applications for the program and they will assist you in
submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily
stop the lender from filing a foreclosure action, your application MUST be forwarded to the
PHFA and received within thirty (30) days of your face-to-face meeting with the counseling
agency.
YOU SHOULD FILEA HEXAPAPPLICATIONAS"SOONAS POSSIBLE IF YOUHAVE
A MEETING WITHA COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK
DATE OF THIS NOTICE AND FILE AN APPLICA TION WITH PHFA WITHIN 30 DA YS
OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARM Y PREVENTED
FROM STAR TING A FORECLOSURE A GAINST YOUR PROPERTY, AS EXPLAINED
ABOVE, IN THESECTION CALLED TEMPORARY STAY OF FORECLOSURE=.
YOU HA VE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE
TIMEPERIODS ALA TEAPPLICATION WILL NOT PREVENT THE LENDER FROM
STARTINGA FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS
EVENTUA:LLYAPPROVED AT ANYTIME 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:
6346 N POWDERHORN RD, MECHANICSBURG
IS SERIOUSLY IN DEFAULT because:
A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following
months and the following amounts are now past due:
12/20/09-$348.60, 1/20/10-$360.21 & late fees of S35.44
TOTAL AMOUNT PAST DUE: S 744.25.
B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION: (Do not use if not
applicable.)
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 744.25 PLUS ANY MORTGAGE PAYMENTS AND LATE
CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments
must be made either by cash, cashier's check, certified check or money order made payable and
sent to:
Metro Bank
3801 Paxton Street
P.O. Box 4999
Harrisburg, PA 17111-0999
IF YOU DO NOT CURE THE DEFAULT-If you do not cure the default within THIRTY
(30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the
mortzaae 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 tactually 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-1f you have not cured
the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you
still have the right to cure the default and prevent the sale at any time up to one hour before the
Sheriff's Sale. You may do so by paying the total amount then past due, plus any late or other
any otner costs connectea with the aneriii-s ate as speenica in writing ay the ienaer ana oy
performing any other requirements under the mortgage. Curing your default in the manner set
forth in this notice will restore your mortgage to the same position as if you had never
defaulted.
EARLIEST POSSIBLE SHERIFF'S SALE DATE---It is estimated that the earliest date that
such a Sheriff's Sale of the mortgaged property could be held would be approximately six
months from the plate of this Notice. A notice of the actual date of the Sheriff's Sale will be
sent to you before the sale. Of course, the amount needed to cure the default will increase the
longer you wait. You may find out at any time exactly what the required payment or action will
be by contacting the lender.
HOW TO CONTACT THE LENDER:
Name of Lender: Metro Bank
Address: 3801 Paxton Street, P.O. Box 4999
Harrisburg, PA 17111-0999
Phone Number: 717412-6893
Fax Number: (717) 9490589
Contact Person: KELLY WALTON
EFFECT OF SHERIFF'S SALE-You should realize that a Sheriff s Sale will end your
ownership of the mortgaged property and your right to occupy it. If you continue to live in the
property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other
belongings could be started by the lender at any time.
ASSUMPTION OF MORTGAGE-You may or _X_maynot 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
LEBANON COUNTY
Schuylkill Community Action
(570) 622-1995
BERKS COUNTY
American Credit Counseling Institute
(888) 212-6741
Budget Counseling Center
(610) 375-7866
CUMBERLAND COUNTY
CCCS of Western PA
(888) 511-2227
Maranatha
(717) 762-3285
Community Action Commission
(717) 232-9757
DAUPHIN COUNTY
PHFA
(717) 780-3940
Community Action Commission
(717) 232-9757
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 Wester PA
(888) 511-2227
Maranatha
(717) 762-3285
YORK COUNTY
Housing Alliance of York
(717) 854-1`541
Adams County Interfaith Housing Authority
(717) 334-1518
FRANKLIN' COUNTY
Maranatha
(717) 762-3285
Neighborhood Housing PHFA
Services of Reading (717) 780-3940
(610) 372-8433 (800) 342-2397
Franklin County Lebanon County
Adams County Interfaith Schuylkill Community
Housing Authority Action
(717) 334-1518 (570) 622-1995
Tabor Community Service,
American Red Cross - Inc
Hanover (717) 397-5182
Chapter (800) 788-5062
(717)637-3768 (888) 511-2227
CCCS of Western PA
(888) 511-2227 York County
Community Action
Commission of Captial Adams County Interfaith
Region Housing Authority
(717) 232-9757 (717) 334-1518
American Red Cross -
Hanover
Maranatha Chapter
(717) 762-3285 (717) 637-3768
Base, Inc
Lancaster County (717) 392-5467
American Credit
Counseling
Institute CCCS of Western PA
(888) 212-6741 (888) 511-2227
Housing Alliance of York
Base, Inc (717) 854-1541
(717) 392-5467 (800) 788-5062
CCCS of Lehigh Valley
(610) 821-4011
(800) 837-9815
CCCS of Western PA
(888) 511-2227
R
im
N f 40 i 31
4 y' ?
L .30 2
L c
W ? ? O
h
EM ?-Th9 TOGO 0 997
I.-
LISA T SHEDLOSKY
6346 N POWDERHORN RD
MECHANICSBURG PA 17050
'METRO
BANK
3801 Paxton Straet
Harrisburg • PA • 17111
rnyoketrohank.com
988;937.0004
February 19, 2010
ACT 6/91"I'kNTOTICE
TAKE ACTION TO SAVE
YOUR HOME FROM
FORECLOSURE
attached eases.
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 COM'RENDE EL
CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION
INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING
FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES
SERELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO
"'HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CURL
PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU
HIPOTECA.
The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
(HEMAP) may be able to help to save your home. This Notice explains how the program
The name address and phone number of Consumer Credit CounselingAgencies serving your
TOD GSHEDLOSKY
AND LISA T SI-IEDLOSKY
6346 N POWDERHORN RD
MECHANICSBURG PA 17050
Property Address - 6346 N POWDERHORN RD, MECHANICSBURG
Loan account number- 000930025937
Original lender - Metro Bank
Current Lender/Services - Metro Bank
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE
PROGRAM -
U MAY BE ELIGIBLE
H CAN SAVE YOUR H
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S
EMERGENCY MORTGAGE ASSISTANCE ACT OF 1,983 (THE "ACT"), YOU MAY
BE ELIGIBLE FOR EMERGENCY MORTGAGE' ASSISTANCE:
*IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES' BEYOND YOUR
CONTROL,
• IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR
MORTGAGE PAYMENTS, AND
• IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE.
PENNSYLVANIA HOUSING FINANCE AGENCY.
TEMPORARY STAY OF FORECLOSURE--Under the Act, you are entitled to a temporary
stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three
(3) days for mailing). During that time you must arrange and attend a "face-to-face" meeting
with one of the consumer credit counseling agencies listed at the end of this Notice. THIS
DAT
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 informationabout the
nature of your default.) You have the right to apply for financial assistance from the
Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and
file a completed Homeowner's Emergency Assistance Program Application with one of the
designated consumer credit; counseling agencies listed at the end of this Notice. Only consumer
credit counseling agencies have applications for the program and they will assist you in
submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily
stop the lender from filing a foreclosure, action, your application MUST be forwarded to the
PHFA and received within thirty (30) days of your face-to-face meeting with the counseling
agency.
YOU SHOULD FILE A HEMAP APPLICATIONAS SOONAS POSSIBLE. IF YOU HA VE
A MEETING WITHA COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK
DATE OF THIS NOTICE AND FILE ANAPPLICA TION WITHPHFAA WITHIN30 DAYS
OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARIL Y PREVENTED
FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED
ABOVE, IN THE SECTION CALLED,,TEMPORAR Y STA Y OF FORECLOSURE'
T I M E P E R I O D S . A LATEAPPLICATION WILL NOT PREVENT THE LENDER
STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS
EVENTUALL YAPPROVED AT ANY TIME BEFOREA 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
6346 N POWDERHORN RD, MECHANICSBURG
IS SERIOUSLY IN DEFAULT because:
A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following
months and the following amounts are now past due:
12/20109-$348.60,1/20/10-$360.21 & late fees of $35.44
TOTAL AMOUNT PAST DUE: $ 744.25.
B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION: (Do not use if not
applicable.)
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 744.25 PLUS ANY MORTGAGE PAYMENTS AND LATE
CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments
must be made either by cash, cashier's check, certified check or money order made payable and
sent to:
Metro Bank
3801 Paxton Street
P.O. Box 4999
Harrisburg, PA 17111-0999
IF YOU DO NOT CURE THE DEFAULT-If you do not cure the default within THIRTY
(30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the
mortgage debt. This means that the entire outstanding balance of this debt will be considered
due immediately and you may lose the chance to pay the mortgage in monthly installments. If
full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender
also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged
ro e
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'vou 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.
performing any other requirements under the mortgage. Curing your default in the manner set
forth in this notice will restore your mortgage to the same position as if you had never
defaulted.
EARLIEST POSSIBLE SHERIFF'S SALE DATE-it is estimated that the earliest date that
such a Sheriff's Sale of the mortgaged property could be held would be approximately six
months from the date of this Notice. A notice of the actual date of the Sheriff's `Sale will be
sent to you before the sale. Of course, the amount needed to cure the default will increase the
longer you wait. You may find out at any time exactly what the required payment or action will
be by contacting the lender.
HOW TO CONTACT THE LENDER:
Name of Lender: Metro Bank
Address: 3841 Paxton Street, P.O. Box 4999
Harrisburg, PA 17111-09"
Phone Number: 71'7412-6893
Fax Number: (717) 909-0589
Contact Person: KELLY WALTON
EFFECT OF SHERIFF'S SALE-You should realize that a Sheriff's Sale will end your
ownership of the mortgaged property and your right to occupy it. If you continue to live in the
property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other
belongings could be started by the lender at any time.
ASSUMPTION OF MORTGAGE-You _may or _X_may not sell or transfer your home to
a buyer or transferee who will assume the mortgage debt, provided that all the outstanding
payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other
requirements of the mortgage are satisfied.
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE.-If you have not cured
the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you
still have the right to cure the default and prevent the sale at any te up to one hour before the
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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 RIGHTTO 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.
0 TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
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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
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
Maranaatha
(717) 762-3285
YORK COUNTY
Housing Alliance of York
(717) 854-1541
Adams County Interfaith Housing Authority
(717) 334-1518
FRANKLIN' COUNTY'
Maranatha
(717) 762-3285
A 1n
Neighborhood Housing PHFA
Services of Reading (717) 780-3940
(610) 372-8433 (800) 342-2397
Franklin County Lebanon County
Adams County Interfaith Schuylkill Community
Housing Authority Action
(717) 334-1518 (570) 622-1995
Tabor Community Service,
American Red Cross - Inc
Hanover (717) 397-5182
Chapter (800) 788-5062
(717)637-3768 (888) 511-2227
CCCS of Western PA
(888) 511-2227 York County
Community Action
Commission of Captial Adams County Interfaith
Region Housing Authority
(717) 232-9757 (717) 334-1518
American Red Cross -
Hanover
Maranatha Chapter
(717) 762-3285 (717) 637-3768
Base, Inc
Lancaster County (717) 392-5467
American Credit
Counseling
Institute CCCS of Western PA
(888) 212-6741 (888) 511-2227
Housing Alliance of York
Base, Inc (717) 854-1541
(717) 392-5467 (800) 788-5062
CCCS of Lehigh Valley
(610) 821-4011
(800) 837-9815
CCCS of Western PA
(888) 511-2227
VERIFICATION
I, David M. Chajkowski, verify that I am authorized to make this verification on behalf of
Metro Bank, and that the facts contained in the foregoing Complaint are true and correct to the
best of my knowledge, information and belief and that the same are made subject to the penalties
of 18 Pa. C.S.A. § 4904 relating to unswom falsification to authorities.
David M. Chajkowski
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff r _ri
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Jody S Smith
Chief Deputy s "
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Richard W Stewart
Solicitor IFS . F iwl(la , c . ` ; '.
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Metro Bank
Case Number
vs.
Tod G. Shedlosky (et al.) 2011-2177
SHERIFF'S RETURN OF SERVICE
02/25/2011 12:55 PM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on
February 25, 2011 at 1255 hours, she served a true copy of the within Complaint and Notice, upon the
within named defendant, to wit: Lisa T. Shedlosky, by making known unto Tod Shedlosky, Husband of
defendant at 6346 N. Powderhorn Road, Mechanicsburg, Cumberland County, Pennsylvania 17055 its
contents and at the same time handing to him personally the said true And correct copy of the same.
AMANDA COBAUGH, DEPU
02/25/2011 12:55 PM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on
February 25, 2011 at 1255 hours, she served a true copy of the within Complaint and Notice, upon the
within named defendant, to wit: Tod G. Shedlosky, by making known unto himself personally, at 6346 N.
Powderhorn Road, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the
same time handing to him personally the said true and correct copy of the same.
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DEPU
SHERIFF COST: $53.44
February 28, 2011
SO ANSWERS,
RON R ANDERSON, SHERIFF
'_cjGcuq`ySuiteSnenft.Ieesuft, r-
METRO BANK, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 11-2177
TOD G. SHEDLOSKY and
LISA T. SHEDLOSKY, CIVIL ACTION - LAW
Defendants MORTGAGE FORECLOSURE
PRA.ECIPE TO DISCONTINUE WITHOUT PREJUDICE s-
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TO THE PROTHONOTARY OF CUMBERLAND COUNTY: ,<- cv '
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Please discontinue the above captioned action WITHOUT prejudice.
McNEES WALLACE &NURICK LLC
Date: March 13, 2013 By:
Clayton . Davidson
Attorney I.D. 79139
100 Pine Street P.O. Box 1166
Harrisburg, PA 17108-1166
Direct Fax: 717-260-1678
Phone: 717-232-8000
cdavidson(a,mwn.com
Attorneys for Metro Bank