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HomeMy WebLinkAbout11-3920t1 Pitt PPI 2 f f : 00 P'Fi YLVAN1,4. N7 Timothy A. Hoy, Esquire Sup. Ct. ID No. 47597 Heather Z. Kelly, Esquire METTE, EVANS & WOODSIDE Sup. Ct. ID No. 86291 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 (717) 236-1816 (fax) hzkellygmette.com Attorneys for Plaintiff METRO BANK, f/k/a Commerce IN THE COURT OF COMMON PLEAS OF Bank/Harrisburg, N.A. CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. cYl DOCKET NO. I l -3?a? CHARLES B. EWING Defendant 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 s (1 % qa-to F4 a(? 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 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-316 2 i METTE, EVANS & WOODSIDE Timothy A. Hoy, Esquire Sup. Ct. ID No. 47597 Heather Z. Kelly, Esquire Sup. Ct. ID No. 86291 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 (717) 236-1816 (fax) hzkellyna,mette.com Attorneys for Plaintiff METRO BANK, f/k/a COMMERCE BANK/HARRISBURG, N.A. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CHARLES B. EWING Defendant DOCKET NO. COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff, METRO BANK, f/k/a COMMERCE BANK/HARRISBURG, N.A. by its attorneys files this Complaint in Mortgage Foreclosure pursuant to Pa. R.C.P. § 1141 et seq., and in support thereof avers the following: 3 Parties 1. Plaintiff is Metro Bank, f/k/a Commerce Bank/Harrisburg, N.A., a Pennsylvania state charted bank with offices at Metro Center, 3801 Paxton Street, Harrisburg, Pennsylvania 17111. 2. Defendant, Charles B. Ewing is an adult individual who resides at 823 S. Cameron Street, Harrisburg, PA 17104. Jurisdiction & Venue 3. This Court has jurisdiction over this matter pursuant to 42 Pa. C.S.A. §931(a). 4. Venue is proper under 42 Pa. C.S.A. §931(c) because the subject property is in Cumberland County. Background 5. Pursuant to a March 30, 2003 Home Equity Line of Credit Agreement, Plaintiff made a loan to Defendant in the original principal amount of Fifteen Thousand Five Hundred Dollars and 00/100 ($15,500.00) (the "Loan"). A true and correct copy of the Home Equity Line of Credit Agreement is attached hereto as Exhibit "A" and made a part hereof (the "Line of Credit Agreement"). 6. On February 26, 2008, Defendant entered into a Change in Terms Agreement with Plaintiff increasing the Loan amount to Thirty Thousand Dollars and 00/100 ($30,000.00). A true and correct copy of the Change in Terms Agreement is attached hereto as exhibit "B" and made a part hereof (the "Change in Terms Agreement"). The Line of Credit Agreement and Change in Terms Agreement are herein collectively referred to as "Agreement". 7. The Loan is secured by a lien and security interest created by an Open-End Mortgage executed on March 20, 2003 executed by Defendant as Grantor in favor of Plaintiff as 4 Lender and recorded on April 4, 2003 in the Cumberland County Recorder of Deeds Office, at Book No. 1804, Page 1718. A true and correct copy of the March 20, 2003 Open-End Mortgage is attached hereto as Exhibit "C" and made a part hereof (the "Original Mortgage") 8. A Modification of Mortgage was executed on February 26, 2008 between Defendant as Grantor in favor of Plaintiff as Lender and recorded on March 13, 2008 in the Cumberland County Recorder of Deeds Office at instrument number 200807554. A true and correct copy of the Modification of Mortgage is attached hereto as Exhibit "D" and made a part hereof (the "Mortgage Modification"). The Original Mortgage and Mortgage Modification are collectively referred to herein as "the Mortgage". 9. The real property subject to the Mortgage is located at and known as 137 Blacksmith Road, Camp Hill, Cumberland County, Pennsylvania, as more particularly described in the Mortgage (the "Real Property"). 10. Defendant is the real owner of the Real Property. 11. Defendant has defaulted on the Loan and Mortgage for failing to make payments when due. 12. As a result of this default, Plaintiff forwarded the Notice attached hereto as Exhibit "B" (the "Act 6/91 Notice"). 13. Defendant has not taken any action prescribed in the Act 6/91 Notice. 14. As of March 16, 2011, the amount of such due and owing on the Loan is $18,982.16, which is computed as follows: Principal $18,276.75 Interest as of 3/16/11 $235.35 Late fees as of 3/16/11 $28.56 Other fees as of 3/16/11 $50.50 Attorneys Fees as of 3/16/11 391.00 Total $18,982.16* 5 *Interest accruing at the per diem rate of $1.38, costs and attorneys fees continue to accrue from March 16, 2011. COUNT I - MORTGAGE FORECLOSURE 15. The above paragraphs are incorporated herein by reference as if fully set forth. 16. The Agreement and Mortgage referenced herein and attached hereto as Exhibits "A" - "D" have not been assigned. 17. Plaintiff is entitled to Judgment in Mortgage Foreclosure. WHEREFORE, Plaintiff respectfully requests that your Honorable Court enter Judgment in Mortgage Foreclosure in its favor and against Defendant in the amount of $18,982.16 plus continuing interest at the rate of $1.38 per diem, as well as continuing costs, attorneys fees and expenses, and authorizing sale of the Real Property by the Sheriff of Cumberland County on such Judgment in Mortgage Foreclosure. Respectfully submitted, METTE, EVANS & WOODSIDE I Timothy A. WY, Esquire?- Sup. Ct. ID No. 47597 Heather Z. Kelly, Esquire Sup. Ct. I.D. No. 86291 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 (717) 236-1816 (fax) Date: April 25, 2011 Attorneys for Plaintiff 6 VERIFICATION I, John Robertson, Vice President - Asset Recovery Manager at Metro Bank, f/k/a Commerce Bank/Harrisburg, N.A., have read the foregoing Complaint in Mortgage Foreclosure and verify that the facts set forth therein are true and correct according to the best of my knowledge, information and belief and that as such Asset Recovery Supervisor I am authorized to executed this Verification on behalf of the bank. I understand that any false statement made herein is subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. A obefsdn, Vice President et ecovery Manager, Metro Bank f/k/a Commerce Bank/Harrisburg, N.A. Dated: Apri1-?, 2011 7 536128v1 ?,?r?g;r HOME EQUITY LINE CREDIT AGREEMENT AND DISCLOSURE References in the shaded area 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 lenqth limitations. Borrower: Charles B. Ewing (SSN: Lender: COMMERCE BANK/HARRISBURG N.A. 137 Blacksmith Road CEDAR CLIFF Camp Hill, PA 17011-8417 1102 Carlisle Road Camp Hill, PA 17011 (717) 909-3200 CREDIT LIMIT: $15,500.00 DATE OF AGREEMENT: March 20, 2003 Introduction. This HOME EQUITY LINE 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 severalty 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 cant' out the terms of this Agreement. We can release any Borrower from responsibility under this Agreement, and the others will remain responsible. Tenn. The term of your Credit Line will begin as of the date of this Agreement ("Opening Date") and will continue until March 20, 2018 ("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: Five years following the expiration of the right to cancel. You may obtain credit advances during this period ("Draw Period"). After the Draw Period ends, the repayment period will begin andyou will no longer be able to obtain credit advances. The length of the repayment period is as follows: Until the Credit agreement is terminated by the Borrower of the Lender. 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 be based on a percentage of your outstanding balance plus all accrued FINANCE CHARGES as shown below ("First Payment Stream"). Your payments wfll be due monthly. Range of Balances Number of Payments Regular Payment Calculation All Balances 6 0.555% of your outstanding balance plus all accrued FINANCE CHARGES Your "Minimum Payment" will be the Regular Payment, plus any amount past due and all other charges. An increase in the ANNUAL PERCENTAGE RATE may increase the amount of your Regular Payment. After completion of the First Payment Stream, your "Regular Payment" will be based on a percentage of your outstanding balance as shown below ("Second Payment Stream"). Your payments will be due monthly. Range of Balances Number of Payments Regular Payment Calculation All Balances 174 0.555% of your outstanding balance Your "Minimum Payment" will be the Regular Payment, plus any amount past due and all other charges. A change in the ANNUAL PERCENTAGE RATE can cause the balance to be repaid more quickly or more slowly. When rates decrease, less interest is due, so more of the payment repays the principal balance. When rates increase, more interest is due, so less of the payment repays the principal balance. If this happens, we may adjust your payment as follows: your final payment may be increased. Each time the ANNUAL PERCENTAGE RATE increases, We will check to see if your payment is sufficient to pay the interest due. If it is not, your payment may be increased by an amount sufficient to cover all accrued FINANCE CHARGES. In any event, if your Credit Line balance falls below $50.00, you agree to pay your balance in full. You agree to pay not less than the Minimum Payment on or before the due date. 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. Credit Limit. This Agreement covers a revolving line of credit for the principal amount of Fifteen Thousand Five Hundred & 00/100 Dollars ($15,500.00), 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. 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 r'1VIYIG CL.rVI l 1 L.IIVL. VfIVL/11 r%%.A. Ia?.?.r. V.?. -.- v.vvwvv.- (Continued) Page 2 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. 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 of you 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 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 Limitations. There are no transaction limitations for the writing of Equity Reserve Advance Checks. 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) 909-3200. You also can notify us at our address shown at the beginning of this Agreement. 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 137 Blacksmith Road, Camp Hill, Lower Allen Township, Cumberland County, 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. 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 statement cycle and divide the total by the number of days in the statement 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 statement 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. If a range of rates is published, the highest will be used (the "Inde)"). We will use the most recent Index value available to us as of the date of any ANNUAL PERCENTAGE RATE adjustment. The Index is not necessarily the lowest rate charged by us on our loans. If the Index becomes unavailable during the term of this Credit Line Account, we may designate a substitute index after notice to you. To determine the Periodic Rate that will apply to your First Payment Stream, we subtract a margin from 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 for your First Payment Stream. To determine the Periodic Rate that will apply to your Second Payment Stream, we take 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 5y the number of days in a year (daily). This result is the ANNUAL PERCENTAGE RATE for your Second Payment Stream. The ANNUAL PERCENTAGE RATE includes only interest and no other costs. HOME EQUITY 'it-AE CREDIT AGREEMENT AND 6.. ,CLOSURE (Continued) Page 3 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. Any increase in the Periodic Rate will take the form of a higher final payment. Adjustments to the Periodic Rate and the corresponding ANNUAL PERCENTAGE RATE resulting from changes in the Index will take effect Quarterly. 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 4.250% per annum, and therefore the initial Periodic Rate and the corresponding ANNUAL PERCENTAGE RATE on your Credit Line are as stated below: Current Rates for the First Payment Stream Range of Balance Margin Added ANNUAL PERCENTAGE Daily Periodic or Conditions to Index RATE Rate All Balances -0.500% 3.750% 0.01027% Current Rates for the Second Payment Stream Range of Balance ANNUAL PERCENTAGE Daily Periodic or Conditions RATE Rate All Balances 4250% 0.01164% 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 $10.00 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 $12.00 when you request a stop payment on your account. Late Charge. Your payment will be late if it is not received by us within 16 days after the "Payment Due Date" shown on the voucher you receive with each credit advance. 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 $17.50. 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 attorneys' fees and our legal expenses, whether or not there is a lawsuit, including 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. Rate Increase. In addition to our other rights during termination and acceleration, we may increase the variable ANNUAL PERCENTAGE RATE iinriar thic Anraamnnt to 9 nno nornonfnna nnintc nvor tho than annh-hlo ANNI IAI PFRr`FNTAf_F OATP Tho ANNI IAI PFRr FNTA(:F QATP HOME EQUITY LINE CREDIT AGREEMENT AND DISCLOSURE (Continued) Page 4 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., CEDAR CLIFF, 1102 Carlisle Road, Camp Hill, PA 17011. 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 inaccuracy(ies) should be sent to us at the following address: COMMERCE BANK/HARRISBURG N.A., CEDAR CLIFF, 1102 Carlisle Road, Camp Hill, PA 17011 Governing Law. This Agreement will be governed by and interpreted in accordance with federal law and the laws of the Commonwealth of Pennsylvania. 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 "When Your Home Is On the Line: What You Should Know About Home Equity Lines of Credit," given with the application. This Agreement is dated March 20, 2003. THIS AGREEMENT IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS AGREEMENT IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. BORROWER: X( -_4 _ ? - Seal) arles B. Ewing, Individually 1 51:i Effective Disbursement Date: HOME EQUITY LINE CREDIT AGREEMENT AND DISCLOSURE (Continued) Page 5 HOME EQUITY LINE CREDIT AGREEMENT AND DI5l;LUJUnr page 6 (Continued) 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. 100 SENATE AVENUE CAMP HILL, PA 17011 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. us tee (3) business daor checking account, you can sto the ys before the automatic paymenntis cheduledtto on any occur. you think is wrong. have authorized etter'Imusto automatically To stop P the payment, your 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 Limit you question, including finance charges, and we can apply any unpaid of you9billl st your redit q estion.ou do not have to pay any questioned amount while we are investigating, but you are still obligated to pay the parts any que tioned make If we find that made a mistake charges, will have to make up any missed payments onothe questioned amount t Inlei hetl case, we will mistake, you may ay have to pay and you 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 within ten (10) days you the name of telling anyoa we reported you to. We must tell anyone we report you report that the matter has been settled between ous when it must t 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. , Vef. S./9!0 06 CoOr. N?rNntl Financial 501ulion5, Mc. 1497, 2003. All Righl, Reserved. - PA R.?WIMAPPSNI. W tCH%LPLtD25 FC TA-645A PR-14 LASER PRO Lending f ?X1h?ai7- HOME EQUITY' LINE CREDIT AGREEMENT Ate) DISCLOSURE CHANGE-IN TERMS AGREEMENT ................::::..: ::... . ;. References in the boxes above are for our use only and do not limit the applicability of this document to any particular an item. Any item above containing ""`"" has been omitted due to text length limitations. Borrower: Charles B. Ewing Lender: COMMERCE BANK/HARRISBURG N.A. 137 Blacksmith Road CEDAR CLIFF Camp Hill, PA 17011-8417 1102 CARLISLE ROAD CAMP HILL, PA 17011 (717) 909-3200 CREDIT LIMIT: $30,000.00 DATE OF AGREEMENT: February 26, 2008 Description of Change In Terms. Effective as of the date of this Agreement and all related documents, the loan amount shall be increased from $15,500.00 to $30,000.00. The interest rate shall be reduced from floating at New York Prime to floating at New York Prime minus one-half (0.50%) percent, effective February 20, 2008 with payment changes beginning March 20, 2008. Continuing Validity. Except as expressly changed by this Agreement, the terms of the original obligation or obligations, including all agreements evidenced or securing the obligation(s), remain unchanged and in full force and effect. Consent by us to this Agreement does not waive our right to strict performance of the obligation(s) as changed, nor obligate us to make any future change in terms. Nothing in this Agreement will constitute a satisfaction of the obligation(s). It is the intention of us to retain as liable parties all makers and endorsers of the original obligation(s), including accommodation parties, unless a party is expressly released by us in writing. Any maker or endorser, including accommodation makers, will not be released by virtue of this Agreement. If any person who signed the original obligation does not sign this Agreement below, then all persons signing below acknowledge that this Agreement is given conditionally, based on the representation to us that the non-signing party consents to the changes and provisions of this Agreement or otherwise will not be released by it. This waiver applies not only to any initial extension, modification or release, but also to all such subsequent actions. 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. This Agreement is dated February 26, 2008. THIS AGREEMENT IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS AGREEMENT IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. BORROW ? X (Seal) es .Ewing - - '-Q, - 6 3f .008 Goy' NririO Fi - Sd-" inc. 1". 2008 1VI RphIF R- - RA S ACFRLK1026 FC iF-84FF W- u fr? ?x???r 1 C411 e__1 RECORDATION REQUESTED BY: COMMERCE BANK/HARRISBURG N.A. -CEDAR CLIFF 1102 Carlisle Road Camp Hill, PA 17011 RECORD & RETURN TO: WHEN RECORDED MAIL TO: CREDIT, LENDERS SERVICE AGENCY COMMERCE BANK/HARRISBURG N.A. P. 0. BOX 508 CEDAR CLIFF 1102 Carlisle Road CHERRY HILL, NJ 08003 Camp Hill, PA 17o11 ATTN: PUB. REC. DOC. RECORDING SEND TAX NOTICES TO: COMMERCE BANK/HARRISBURG N.A. CEDAR CLIFF 1102 Carlisle Road ?' r: l UC.'t v''? LAi? Cp?INiY-; .. +33 M 4 ??111 42 GRANT OF MORTGAGE. For valuable consideration, Grantor grants, bargains, sells, conveys, assigns, transfers, releases, confirms and mortgages to Lender all of Grantor's right, title, and interest in and to the following described real property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all streets, lanes, alleys, passages, and ways; all easements, rights of way, all liberties, privileges, tenements, hereditaments, and appurtenances thereunto belonging or anywise made appurtenant hereafter, and the reversions and remainders with respect thereto; all water, water rights, watercourses and ditch rights (including stock in utilities with ditch or irrigation rights); and all other hts royalties, and profits relating to the real property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the ,rig 'eai Property") located in Cumberland County, Commonwealth of Pennsylvania: Real property located at 137 Blacksmith Road, Camp Hill, Lower Allen Township Cumberland County Pennsylvania, as recorded in deed book 242, page 797, in the office of the recorder of deeds of Cumberland County. The Real Property or its address is commonly known as 137 Blacksmith Road, Camp Hill, PA 17011-8417. The Real Property parcel identification number is 13-25-10-174. REVOLVING LINE OF CREDIT. Specifically, in addition to the amounts specified in the Indebtedness definition, and without limitation, this Mortgage secures a revolving line of credit, which obligates Lender to make advances to Grantor unless Grantor falls to comply with all the terms of the Credit Agreement. Such advances may be made, repaid, and remade from time to time, subject to the limitation that the total outstanding balance owing at any one time, not including finance charges on such balance at a fixed or variable rate or sum as provided In the Credit Agreement, any temporary overages, other charges, and any amounts expended or advanced as provided in either the Indebtedness paragraph or 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 Credit Agreement from time to time from zero up to the Credit Limit as provided in this Mortgage and any intermediate balance, plus interest. Grantor presently assigns io Lender all of Grantor's right, title, and interest in and to all present and future leases of the Froperiy and all Renib frond the Property. In addition, Grantor grants to Lender a Uniform Commercial Code security interest in the Personal Property and Rents. THIS MORTGAGE, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF EACH OF GRANTOR'S AGREEMENTS AND OBLIGATIONS UNDER THE CREDIT AGREEMENT WITH THE CREDIT LIMIT OF $15,500.00, THE RELATED DOCUMENTS, AND THIS MORTGAGE. THIS MORTGAGE IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PAYMENT AND PERFORMANCE. Except as otherwise provided in this Mortgage, Grantor shall pay to Lender all amounts secured by this Mortgage as they become due and shall strictly perform all of Grantor's obligations under this Mortgage. POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession and use of the Property shall be governed by the following provisions: Possession and Use. Until the occurrence of an Event of Default, Grantor may (1) remain in possession and control of the Property; (2) use, operate or manage the Property; and (3) collect the Rents from the Property. Duty to Maintain. Grantor shall maintain the Property in good condition and promptly perform all repairs, replacements, and maintenance necessary to preserve its value. Compliance With Environmental Laws. Grantor represents and warrants to Lender that: (1) During the period of Grantor's ownership of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance by any person on, under, about or from the Property; (2) Grantor has no knowledge of, or reason to believe that there has been, except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws, (b) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance on, under, about or from the Property by any prior owners or occupants of the Property, or (c) any actual or threatened litigation or claims of any kind by any person relating to such matters; and (3) Except as previously disclosed to and acknowledged by Lender in writing, (a) neither Grantor nor any tenant, THIS MORTGAGE SECURES FUTURE ADVANCES [\6? THIS MORTGAGE dated March 20, 2003, is made and executed between Charles B. Ewing, ose address is 137 Blacksmith Road, Camp Hill, PA 17011-8417 (referred to below as "Grantor") and COMMERCE BANK/HARRISBURG N.A., whose address is 1102 Carlisle Road, Camp Hill, PA 17011 (referred to below as "Lender"). MORTGAGE (Continued) Page 2 contractor, agent or other authorized user of the Property shall use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about or from the Property; and (b) any such activity shall be conducted in compliance with all applicable federal, state, and local laws, regulations and ordinances, including without limitation all Environmental Laws. Grantor authorizes Lender and its agents to enter upon the Property to make such inspections and tests, at Grantor's expense, as Lender may deem appropriate to determine compliance of the Property with this section of the Mortgage. Any inspections or tests made by Lender shall be for Lender's purposes only and shall not be construed to create any responsibility or liability on the part of Lender to Grantor or to any other person. The representations and warranties contained herein are based on Grantor's due diligence in investigating the Property for Hazardous Substances. Grantor hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event Grantor becomes liable for cleanup or other costs under any such laws; and (2) agrees to indemnify and hold harmless Lender against any and all claims, losses, liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a breach of this section of the Mortgage or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened release occurring prior to Grantor's ownership or interest in the Property, whether or not the same was or should have been known to Grantor. The provisions of this section of the Mortgage, including the obligation to indemnify, shall survive the payment of the Indebtedness and the satisfaction and reconveyance of the lien of this Mortgage and shall not be affected by Lender's acquisition of any interest in the Property, whether by foreclosure or otherwise. Nuisance, Waste. Grantor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or warms on or to the Property or any portion of the Property. Without limiting the generality of the foregoing, Grantor will not remove, or grant to any other party the right to remove, any timber, minerals (including oil and gas), coal, clay, scoria, soil, gravel or rock products without Lender's prior written consent. Removal of Improvements. Grantor shall not demolish or remove any Improvements from the Real Property without Lender's prior written consent. As a condition to the removal of any Improvements, Lender may require Grantor to make arrangements satisfactory to Lender to replace such Improvements with Improvements of at least equal value. Lender's Right to Enter. -Lander and Lender's agents and representatives may enter upon the Rea! Property at a!I reascnable times to aftend to Lender's interests and to inspect the Real Property for purposes of Grantor's compliance with the terms and conditions of this Mortgage. Compliance with Governmental Requirements. Grantor shall promptly comply with all laws, ordinances, and regulations, now or hereafter in effect, of all governmental authorities applicable to the use or occupancy of the Property. Grantor may contest in good faith any such law, ordinance, or regulation and withhold compliance during any proceeding, including appropriate appeals, so long as Grantor has notified Lender in writing prior to doing so and so long as, in Lender's sole opinion, Lender's interests in the Property are not jeopardized. Lender may require Grantor to post adequate security or a surety bond, reasonably satisfactory to Lender, to protect Lender's interest. Duty to Protect. Grantor agrees neither to abandon or leave unattended the Property. Grantor shall do all other acts, in addition to those acts set forth above in this section, which from the character and use of the Property are reasonably necessary to protect and preserve the Property. TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Mortgage: Payment. Grantor shall pay when due (and in all events prior to delinquency) all taxes, payroll taxes, special taxes, assessments, water charges and sewer service charges levied against or on account of the Property, and shall pay when due all claims for work done on or for services rendered or material furnished to the Property. Grantor shall maintain the Property free of any liens having priority over or equal to the interest of Lender under this Mortgage, except for those liens specifically agreed to in writing by Lender, and except for the lien of taxes and assessments not due as further specified in the Right to Contest paragraph. Right to Contest. Grantor may withhold payment of any tax, assessment, or claim in connection with a good faith dispute over the obligation to pay, so long as Lender's interest in the Property is not jeopardized. If a lien arises or is filed as a result of nonpayment, Grantor shall within fifteen (15) days after the lien arises or, if a lien is filed, within fifteen (15) days after Grantor has notice of the filing, secure the discharge of the lien, or if requested by Lender, deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender in an amount sufficient to discharge the lien plus any costs and attorneys' fees, or other charges that could accrue as a result of a foreclosure or sale under the lien. In any contest, Grantor shall defend itself and Lender and shall satisfy any adverse judgment before enforcement against the Property. Grantor shall name Lender as an additional obligee under any surety bond furnished in the contest proceedings. Evidence of Payment. Grantor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and shall authorize the appropriate governmental official to deliver to Lender at any time a written statement of the taxes and assessments against the Property. Notice of Construction. Grantor shall notify Lender at least fifteen (15) days before any work is commenced, any services are furnished, or any materials are supplied to the Property, if any mechanic's lien, materialmen's lien, or other lien could be asserted on account of the work, services, or materials. Grantor will upon request of Lender furnish to Lender advance assurances satisfactory to Lender that Grantor can and will pay the cost of such improvements. PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Mortgage Maintenance of Insurance. Grantor shall procure and maintain policies of fire insurance with standard extended coverage endorsements on a replacement basis for the full insurable value covering all Improvements on the Real Property in an amount sufficient to avoid application of any coinsurance clause, and with a standard mortgagee clause in favor of Lender. Policies shall be written by such insurance companies and in such form as may be reasonably acceptable to Lender. Grantor shall deliver to Lender certificates of coverage from each insurer containing a stipulation that coverage will not be cancelled or diminished without a minimum of ten (10) days' prior written notice to Lender and not containing any disclaimer of the insurer's liability for failure to give such notice. Each insurance policy also shall include an endorsement providing that coverage in favor of Lender will not be impaired in any way by any act, omission or default of Grantor or any other person. Should the Real Property be located in an area designated by the Director of the Federal Emergency Management Agency as a special flood hazard area, Grantor agrees to obtain and maintain Federal Flood Insurance, if available, within 45 days after notice is given by Lender that the Property is located in a special flood hazard area, for the full unpaid principal balance of the loan and any prior liens on the property securing the loan, up to the maximum policy limits set under the National Flood Insurance Program, or as otherwise required by Lender, and to maintain such insurance for the term of the loan. Application of Proceeds. Grantor shall promptly notify Lender of any loss or damage to the Property. Lender may make proof of loss if Grantor fails to do so within fifteen (15) days of the casualty. Whether or not Lender's security is impaired, Lender may, at Lender's election, receive and retain the proceeds of any insurance and apply the proceeds to the reduction of the Indebtedness, payment of any lien affecting the Property, or the restoration and repair of the Property. If Lender elects to apply the proceeds to restoration and repair, Grantor shall repair or replace the dahage'd or destroyed Improvements in a manner satisfactory to Lender. Lender shall, upon satisfactory proof of such expenditure, pay or reimburse Grantor from the proceeds for the reasonable cost of repair or restoration if Grantor is not in default under this Mortgage. Any proceeds t MORTGAGE (Continued) Page 3 which have not been disbursed within 180 days after their receipt and which Lender has not committed to the repair or restoration of the Property shall be used first to pay any amount owing to Lender under this Mortgage, then to pay accrued interest, and the remainder, if any, shall be applied to the principal balance of the Indebtedness. If Lender holds any proceeds after payment in full of the Indebtedness, such proceeds shall be paid to Grantor as Grantor's interests may appear. LENDER'S EXPENDITURES. If Grantor fails (A) to keep the Property free of all taxes, liens, security interests, encumbrances, and other claims, (B) to provide any required insurance on the Property, or (C) to make repairs to the Property then Lender may do so. If any action or proceeding is commenced that would materially affect Lender's interests in the Property, then Lender on Grantor's behalf may, but is not required to, take any action that Lender believes to be appropriate to protect Lender's interests. All expenses incurred or paid by Lender for such purposes will then bear interest at the rate charged under the Credit Agreement from the date incurred or paid by Lender to the date of repayment by Grantor. All such expenses will become a part of the Indebtedness and, at Lender's option, will (A) be payable on demand; (B) 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 (1) the term of any applicable insurance policy; or (2) the remaining term of the Credit Agreement; or (C) be treated as a balloon payment which will be due and payable at the Credit Agreement's maturity. The Mortgage also will secure payment of these amounts. The rights provided for in this paragraph shall be in addition to any other rights or any remedies to which Lender may be entitled on account of any default. Any such action by Lender shall not be construed as curing the default so as to bar Lender from any remedy that it otherwise would have had. Grantor's obligation to Lender for all such expenses shall survive the entry of any mortgage foreclosure judgment. WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Mortgage: Title. Grantor warrants that: (a) Grantor holds good and marketable title of record to the Property in fee simple, free and clear of all liens and encumbrances other than those set forth in the Real Property description or in any title insurance policy, title report, or final title opinion issued in favor of, and accepted by, Lender in connection with this Mortgage, and (b) Grantor has the full right, power, and authority to execute and deliver this Mortgage to Lender. Defense of Title. Subject to the exception in the paragraph above, Grantor warrants and will forever defend the title to the Property against the lawful claims of all persons. In the event any action or proceeding is commenced that questions Grantor's title or the interest of Lender under this Mortgage, Grantor shall defend the action at Grantor's expense. Grantor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of Lender's own choice, and Grantor will deliver, or cause to be delivered, to Lender such instruments as Lender may request from time to time to permit such participation. Compliance With Laws. Grantor warrants that the Property and Grantor's use of the Property complies with all existing applicable laws, ordinances, and regulations of governmental authorities. Survival of Promises. All promises, agreements, and statements Grantor has made in this Mortgage shall survive the execution and delivery of this Mortgage, shall be continuing in nature and shall remain in full force and effect until such time as Grantor's Indebtedness is paid in full. CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Mortgage: 'Z' Proceedings. If any proceeding in condemnation is filed, Grantor shall promptly notify Lender in writing, and Grantor shall promptly take such steps as may be necessary to defend the action and obtain the award. Grantor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of its own choice, and Grantor will deliver or cause to be delivered to Lender such instruments and documentation as may be requested by Lender from time to time to permit such participation. Application of Net Proceeds. If all or any part of the Property is condemned by eminent domain proceedings or by any proceeding or purchase in lieu of condemnation, Lender may at its election require that all or any portion of the net proceeds of the award be applied to the Indebtedness or the repair or restoration of the Property. The net proceeds of the award shall mean the award after payment of all actual costs, expenses, and attorneys' fees incurred by Lender in connection with the condemnation. IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental taxes, fees and charges are a part of this Mortgage: Current Taxes, Fees and Charges. Upon request by Lender, Grantor shall execute such documents in addition to this Mortgage and take whatever other action is requested by Lender to perfect and continue Lender's lien on the Real Property. Grantor shall reimburse Lender for all taxes, as described below, together with all expenses incurred in recording, perfecting or continuing this Mortgage, including without limitation all taxes, fees, documentary stamps, and other charges for recording or registering this Mortgage. Taxes. The following shall constitute taxes to which this section applies: (1) a specific tax upon this type of Mortgage or upon all or any part of the Indebtedness secured by this Mortgage; (2) a specific tax on Grantor which Grantor is authorized or required to deduct from payments on the Indebtedness secured by this type of Mortgage; (3) a tax on this type of Mortgage chargeable against the Lender or the holder of the Credit Agreement; and (4) a specific tax on all or any portion of the Indebtedness or on payments of principal and interest made by Grantor. Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Mortgage, this event shall have the same effect as an Event of Default, and Lender may exercise any or all of its available remedies for an Event of Default as provided below unless Grantor either (1) pays the tax before it becomes delinquent, or (2) contests the tax as provided above in the Taxes and Liens section and deposits with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender. SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Mortgage as a security agreement are a part of this Mortgage: Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property constitutes fixtures, and Lender shall have all of the rights of a secured party under the Uniform Commercial Code as amended from time to time. Security Interest. Upon request by Lender, Grantor shall execute financing statements and take whatever other action is requested by Lender to perfect and continue Lender's security interest in the Personal Property. In addition to recording this Mortgage in the real property records, Lender may, at any time and without further authorization from Grantor, file executed counterparts, copies or reproductions of this Mortgage as a financing statement. Grantor shall reimburse Lender for all expenses incurred in perfecting or continuing this security interest. Upon default, Grantor shall not remove, sever or detach the Personal Property from the Property. Upon default, Grantor shall assemble any Personal Property not affixed to the Property in a manner and at a place reasonably convenient to Grantor and Lender and make it available to Lender within three (3) days after receipt of written demand from Lender to the extent permitted by applicable law. Addresses. The mailing addresses of Grantor (debtor) and Lender (secured party) from which information concerning the security interest granted by this Mortgage may be obtained (each as required by the Uniform tCommercial Code)-are-asisltated on the first page of this Mortgage. MORTGAGE (Continued) Page 4 FURTHER ASSURANCES; ADDITIONAL AUTHORIZATIONS. The following provisions relating to further assurances and additional authorizations are a part of this Mortgage: Further Assurances. At any time, and from time to time, upon request of Lender, Grantor will make, execute and deliver, or will cause to be made, executed or delivered, to Lender or to Lender's designee, and when requested by Lender, cause to be filed, recorded, refiled, or rerecorded, as the case may be, at such times and in such offices and places as Lender may deem appropriate, any and all such mortgages, deeds of trust, security deeds, security agreements, financing statements, continuation statements, instruments of further assurance, certificates, and other documents as may, in the sole opinion of Lender, be necessary or desirable in order to effectuate, complete, perfect, continue, or preserve (1) Grantor's obligations under the Credit Agreement, this Mortgage, and the Related Documents, and (2) the liens and security interests created by this Mortgage as first and prior liens on the Property, whether now owned or hereafter acquired by Grantor. Unless prohibited by law or Lender agrees to the contrary in writing, Grantor shall reimburse Lender for all costs and expenses incurred in connection with the matters referred to in this paragraph. Additional Authorizations. If Grantor fails to do any of the things referred to in the preceding paragraph, Lender may do so for and in the name of Grantor and at Grantor's expense. For such purposes, Grantor hereby irrevocably authorizes Lender to make, execute, deliver, file, record and do all other things as may be necessary or desirable, in Lender's sole opinion, to accomplish the matters referred to in the preceding paragraph. It is understood that nothing set forth herein shall require Lender to take any such actions. FULL PERFORMANCE. If Grantor pays all the Indebtedness when due, terminates the credit line account, and otherwise performs all the obligations imposed upon Grantor under this Mortgage, Lender shall execute and deliver to Grantor a suitable satisfaction of this Mortgage and suitable statements of termination of any financing statement on file evidencing Lender's security interest in the Rents and the Personal Property. Grantor will pay, if permitted by applicable law, any reasonable termination fee as determined by Lender from time to time. EVENTS OF DEFAULT. Grantor will be in default under this Mortgage if any of the following happen: (A) Grantor commits fraud or makes a material misrepresentation at any time in connection with the Credit Agreement. This can include, for example, a false statement about Grantor's income, assets, liabilities, or any other aspects of Grantor's financial condition. (B) Grantor does not meet the repayment terms of the Credit Agreement. (C) Grantor's action or inaction adversely affects the collateral or Lender's 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 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 DEFAULT. Upon the occurrence of an Event of Default and at any time thereafter, Lender, at Lender's option, may exercise any one or more of the following rights and remedies, in addition to any other rights or remedies provided by law: Accelerate Indebtedness. Lender shall have the right at its option, after giving such notices as required by applicable law, to declare the entire Indebtedness immediately due and payable. UCC Remedies. With respect to all or any part of the Personal Property, Lender shall have all the rights and remedies of a secured party under the Uniform Commercial Code. Collect Rents. Lender shall have the right, without notice to Grantor, to take possession of the Property and collect the Rents, including amounts past due and unpaid, and apply the net proceeds, over and above Lender's costs, against the Indebtedness. In furtherance of this right, Lender may require any tenant or other user of the Property to make payments of rent or use fees directly to Lender. If the Rents are collected by Lender, then Grantor irrevocably authorizes Lender to endorse instruments received in payment thereof in the name of Grantor and to negotiate the same and collect the proceeds. Payments by tenants or other users to Lender in response to Lender's demand shall satisfy the obligations for which the payments are made, whether or not any proper grounds for the demand existed. Lender may exercise its rights under this subparagraph either in person, by agent, or through a receiver. Appoint Receiver. Lender shall have the right to have a receiver appointed to take possession of all or any part of the Property, with the power to protect and preserve the Property, to operate the Property preceding foreclosure or sale, and to collect the Rents from the Property and apply the proceeds, over and above the cost of the receivership, against the Indebtedness. The receiver may serve without bond if permitted by law. Lender's right to the appointment of a receiver shall exist whether or not the apparent value of the Property exceeds the Indebtedness by a substantial amount. Employment by Lender shall not disqualify a person from serving as a receiver. Judicial Foreclosure. Lender may obtain a judicial decree foreclosing Grantor's interest in all or any part of the Property. Nonjudicial Sale. If permitted by applicable law, Lender may foreclose Grantor's interest in all or in any part of the Personal Property or the Real Property by non-judicial sale. Deficiency Judgment. Lender may obtain a judgment for any deficiency remaining in the Indebtedness due to Lender after application of all amounts received from the exercise of the rights provided in this section. Tenancy at Sufferance. If Grantor remains in possession of the Property after the Property is sold as provided above or Lender otherwise becomes entitled to possession of the Property upon default of Grantor, Grantor shall become a tenant at sufferance of Lender or the purchaser of the Property and shall, at Lender's option, either (1) pay a reasonable rental for the use of the Property, or (2) vacate the Property immediately upon the demand of Lender. Other Remedies. Lender shall have all other rights and remedies provided in this Mortgage or the Credit Agreement or available at law or in equity. Sale of the Property. To the extent permitted by applicable law, Grantor hereby waives any and all right to have the Property marshalled. In exercising its rights and remedies, Lender shall be free to sell all or any part of the Property together or separately, in one sale or by separate sales. Lender shall be entitled to bid at any public sale on all or any portion of the Property. Notice of Sale. Lender will give Grantor reasonable notice of the time and place of any public sale of the Personal Property or of the time after which any private sale or other intended disposition of the Personal Property is to be made. Unless otherwise required by applicable law, reasonable notice shall mean notice given at least ten (10) days before the time of the sale or disposition. Any sale of the Personal Property may be made in conjunction with any sale of the Real Property. Election of Remedies. All of Lender's rights and remedies will be cumulative and may be exercised alone or together. An election by Lender to choose any one remedy will not bar Lender from using any other remedy. If Lender decides to spend money or to perform any of Grantor's ob;dgatigns under this Mortgage, after Grantor's failure to do so, that decision by Lender will not affect Lender's right to declare Grantor in default and to exercise Lender's remedies. 3 MORTGAGE (Continued) Page 5 Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Mortgage, Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and upon any appeal. Whether or not any court action is involved, and to the axtent not prohibited by law, all reasonable expenses Lender incurs that in Lender's opinion are necessary at any time for the protection of it: 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 attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services, the cost of searching records, obtaining title reports (including foreclosure reports), surveyors' reports, and appraisal fees and title insurance, to the extent permitted by applicable law. Grantor also will pay any court costs, in addition to all other sums provided by law. NOTICES. Unless otherwise provided by applicable law, any notice required to be given under this Mortgage shall be given in writing, and shall be effective when actually delivered, when actually received by telefacsimile (unless otherwise required by law), when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States mail, as first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Mortgage. All copies of notices of foreclosure from the holder of any lien which has priority over this Mortgage and notices pursuant to 42 Pa. C.S.A. Section 8143, et. seq., shall be sent to Lender's address, as shown near the beginning of this Mortgage. Any person may change his or her address for notices under this Mortgage by giving formal written notice to the other person or persons, specifying that the purpose of the notice is to change the person's address. For notice purposes, Grantor agrees to keep Lender informed at all times of Grantor's current address. Unless otherwise provided by applicable law, if there is more than one Grantor, any notice given by Lender to any Grantor is deemed to be notice given to all Grantors. It will be Grantor's responsibility to tell the others of the notice from Lender. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Mortgage: Amendments. What is written in this Mortgage and in the Related Documents is Grantor's entire agreement with Lender concerning the matters covered by this Mortgage. To be effective, any change or amendment to this Mortgage must be in writing and must be signed by whoever will be bound or obligated by the change or amendment. Caption Headings. Caption headings in this Mortgage are for convenience purposes only and are not to be used to interpret or define the provisions of this Mortgage. Governing Law. This Mortgage will be governed by and Interpreted in accordance with federal law and the laws of the Commonwealth of Pennsylvania. This Mortgage has been accepted by Lender in the Commonwealth of Pennsylvania. No Waiver by Lender. Grantor understands Lender will not give up any of Lender's rights under this Mortgage unless Lender does so in writing. The fact that Lender delays or omits to exercise any right will not mean that Lender has given up that right. If Lender does agree in writing to give up one of Lender's rights, that does not mean Grantor will not have to comply with the other provisions of this Mortgage. Grantor also understands that if Lender does consent to a request, that does not mean that Grantor will not have to get Lender's consent again if the situation happens again. Grantor further understands that just because Lender consents to one or more of Grantor's requests, that does not mean Lender will be required to consent to any of Grantor's future requests. Grantor waives presentment, demand for payment, protest, and notice of dishonor. Severability. If a court finds that any provision of this Mortgage is not valid or should not be enforced, that fact by itself will not mean that the rest of this Mortgage will not be valid or enforced. Therefore, a court will enforce the rest of the provisions of this Mortgage even if a provision of this Mortgage may be found to be invalid or unenforceable. Merger. There shall be no merger of the interest or estate created by this Mortgage with any other interest or estate in the Property at any time held by or for the benefit of Lender in any capacity, without the written consent of Lender. Successor Interests. The terms of this Mortgage shall be binding upon Grantor, and upon Grantor's heirs, personal representatives, successors, and assigns, and shall be enforceable by Lender and its successors and assigns. Time is of the Essence. Time is of the essence in the performance of this Mortgage. DEFINITIONS. The following words shall have the following meanings when used in this Mortgage: Borrower. The word "Borrower" means Charles B. Ewing, and all other persons and entities signing the Credit Agreement. Credit Agreement. The words "Credit Agreement" mean the credit agreement dated March 20, 2003, with credit limit of $15,500.00 from Grantor to Lender, together with all renewals of, extensions of, modifications of, refinancings ot, consolidations of, and substitutions for the promissory note or agreement. Environmental Laws. The words "Environmental Laws" mean any and all state, federal and local statutes, regulations and ordinances relating to the protection of human health or the environment, including without limitation the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, et seq. ("CERCIA"), the Superfund Amendments and Reauthorization Act of 1986, Pub. L. No. 99-499 ("SARA"), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq., or other applicable state or federal laws, rules, or regulations adopted pursuant thereto. Event of Default. The words "Event of Default" mean any of the events of default set forth in this Mortgage in the events of default section of this Mortgage. Grantor. The word "Grantor" means Charles B. Ewing. Hazardous Substances. The words "Hazardous Substances" mean materials that, because of their quantity, concentration or physical, chemical or infectious characteristics, may cause or pose a present or potential hazard to human health or the environment when improperly used, treated, stored, disposed of, generated, manufactured, transported or otherwise handled. The words "Hazardous Substances" are used in their very broadest sense and include without limitation any and all hazardous or toxic substances, materials or waste as defined by or listed under the Environmental Laws. The term "Hazardous Substances" also includes, without limitation, petroleum and petroleum by-products or any fraction thereof and asbestos. Improvements. The word "Improvements" means all existing and future improvements, buildings, structures, mobile homes affixed on the Real Property, facilities, additions, replacements and other construction on the Real Property. Indebtedness. The word "Indebtedness" means all principal, interest, and other amounts, costs and expenses payable under the Credit Agreement or Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and substitutions for the Credit Agreement or Related Documents and any amounts expended or advanced bX 4enderto discharge Grantor's-obligations or expenses incurred by MORTGAGE (Continued) Page 6 Lender to enforce Grantor's obligations under this Mortgage, together with interest on such amounts as provided in this Mortgage. The liens 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 "Lender" means COMMERCE BANK/HARRISBURG N.A., its successors and assigns. The words "successors or assigns" mean any person or company that acquires any interest in the Credit Agreement. Mortgage. The word "Mortgage" means this Mortgage between Grantor and Lender. Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal property now or hereafter owned by Grantor, and now or hereafter attached or affixed to the Real Property; together with all accessions, parts, and additions to, all replacements of, and all substitutions for, any of such property; and together with all proceeds (including without limitation all insurance proceeds and refunds of premiums) from any sale or other disposition of the Property. Property. The word "Property" means collectively the Real Property and the Personal Property. Real Property. The words "Real Property" mean the real property, interests and rights, as further described in this Mortgage. Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness. Rents. The word "Rents" means all present and future rents, revenues, income, issues, royalties, profits, and other benefits derived from the Property. GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MORTGAGE, AND GRANTOR AGREES TO ITS TERMS. THIS MORTGAGE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS MORTGAGE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. GRANTW. XLL?- (Seal) Oil B. Ewing, Individually CERTIFICATE OF RESIDENCE I hereby certify, that the precise address of the mortgagee, COMMERCE BANKIHARRISBURG N.A., herein is as follows: CEDAR CLIFF, 1102 Carlisle Road, Camp Hill, PA 17011{?1 d Attorney or Agent f r Mortgagee I Certi-lry t1111s to be recorded INDIVIDUAL ACKNOWLE NtcFland County PA COMMONWEALTH OF PENNSYLVANIA f s )SS COUNTY OF to V- On this, the _ T> day of 20 ecar8? .r -e4SA- 1 Y before me Q 1 the undersigned Notary Public, personally appeared Charles B. Ewing, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he or she executed the same for the purposes therein contained. In witness whereof, 1 hereunto set my hand and official seal. o-R Not- ital Sew C rdi L. Wo,f, Notary Public Notary Public in and for the State of ?t _i G. a a ` y1 ?, • r 'r `- ! L.0-A e A IL;"l kw)., CumoeriaRd County `' ^ a nExoresAua.22.2rJf?F nee A4 "pv o,l?rer. ?., •v vo ?oF? "Arum ?InAncul Solu,lons. In, 1991. 1903. All Riphls Reserve] - PA N: IWINAPPSILPWIN1 FIILPL1G03 FC TN- 11 PF- se ?? ? J f p R'?:,Y` d ?tf t e 7 2 ?lle , 'v • • ?xth'?%? Parcel Identification , ; . Number: c1 t1 13-25-0010-174 RECORDATION REQUESTED BY: COMMERCE BANK/HARRISBURG N.A. CEDAR CLIFF 1102 CARLISLE ROAD CAMP HILL, PA 17011 WHEN RECORDED MAIL TO: COMMERCE BANK/HARRISBURG N.A. LOAN SERVICING 3801PAXTON STREET HARRISBURG, PA 17111-1418 SEND TAX NOTICES TO: Charles B. Ewing 137 Blacksmith Road Camp Hill, PA 17011-8417 FOR RECORDER'S USE ONLY MODIFICATION OF MORTGAGE THIS MODIFICATION OF MORTGAGE dated February 26, 2008, is made and executed between Charles B. Ewing, whose address is 137 Blacksmith Road, Camp Hill, PA 17011-8417 (referred to below as "Grantor") and COMMERCE BANK/HARRISBURG N.A., whose address is 1102 CARLISLE ROAD, CAMP HILL, PA 17011 (referred to below as "Lender"). MORTGAGE. Lender and Grantor have entered into a Mortgage dated March 20, 2003 (the "Mortgage") which has been recorded in Cumberland County, Commonwealth of Pennsylvania, as follows: Recorded in the Recorded of Deeds Office of Cumberland County on April 4, 2003 in Book #1804 Page 1718. REAL PROPERTY DESCRIPTION. The Mortgage covers the following described real property located in Cumberland County, Commonwealth of Pennsylvania: See Exhibit "A", which is attached to this Modification and made a part of this Modification as if fully set forth herein. The Real Property or its address is commonly known as 137 Blacksmith Road, Camp Hill, PA 17011-8417. The Real Property parcel identification number is 13-25-0010-174. MODIFICATION. Lender and Grantor hereby modify the Mortgage as follows: Principal increase from $15,500.00 to $30,000.00. CONTINUING VALIDITY. Except as expressly modified above, the terms of the original Mortgage shall remain unchanged and in full force and effect and are legally valid, binding, and enforceable in accordance with their respective terms. Consent by Lender to this Modification does not waive Lender's right to require strict performance of the Mortgage as changed above nor obligate Lender to make any future modifications. Nothing in this Modification shall constitute a satisfaction of the promissory note or other credit agreement secured by the Mortgage (the "Note"). It is the intention of Lender to retain as liable all parties to the Mortgage and all parties, makers and endorsers to the Note, including accommodation parties, unless a party is expressly released by Lender in writing. Any maker or endorser, including accommodation makers, shall not be released by virtue of this Modification. If any person who signed the original Mortgage does not sign this Modification, then all persons signing below acknowledge that this Modification is given conditionally, based on the representation to Lender that the non-signing person consents to the changes and provisions of this Modification or otherwise will not be released by it. This waiver applies not only to any initial extension or modification, but also to all such subsequent actions. GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MODIFICATION OF MORTGAGE AND GRANTOR AGREES TO ITS TERMS. THIS MODIFICATION OF MORTGAGE IS DATED FEBRUARY 26. 2008. THIS MODIFICATION IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS MODIFICATION IS AND SHALL MODIFICATION OF MORTGAGE Loan No: 930000088 (Continued) Page 2 CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. GRANTO X (Seal) Charles B. Ewing LENDER: COMMERCE BANK/HARRISBURG N.A. ?fyr X i..? (Seal) Authorized f9ficer ;?/' CERTIFICATE OF RESIDENCE I hereby certify, that the precise address of the mortgagee, COMMERCE BANK/HAR SBURG N.A., herein is as follows: CEDAR CLIFF, 1102 CARLISLE ROAD, CAMP HILL, PA 17011 Attorney or A t for Mortgagee INDIVIDUAL ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA ,?? ??=t cG1rY % ) COUNTY OF i" Qn is, the day of 20 ?S before me ,cors¢, ?.-? the undersigned Notary Public, p sonally appeared Charles B. Ewing, known to me (or` satisfac rily proven) to be the person whose name is subscrib4d to the within instrument, and acknowledged that he or she executed the same for the purposes therein contained. In witness whereof, I hereunto set my hand and official se , COMMONWEALTH OF PENNSYLVANIA t- Z 7 Nofadal Seal s• . ?z axilifttlerM.HamrrlaCfW,NotwyPtblic Nary Public in and for the State of Lower Aden Twp., Omft laid Cottnty My C WAsaion EOU April 30, 2011 Member, Pennsylvania Association of Notaries MODIFICATION OF MORTGAGE Loan No: 930000088 (Continued) Page 3 LENDER ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA ) SS COUNTY OF {_i/;rTy?-c f ) On this, the day of 11Ivu- 20 G, bef e e _ the undersi9 Yf ned Notar Pte, er onall a r? Y PPeare GF _'4r-• who acknowledged himself or herself to b the .c< of COMMERCE M!dft /BANK/HARRISBURG N.A., and that he or she as such , being authorized to do so, executed the foregoing instrument for the p rpDses ter contained by signing the name of COMMERCE BANK/HARRISBURG N_A. by himself or herself as 2t1 .. iC2yC?{it? In witness whereof, I hereunto set my hand and official I. COMMONWEALTH OF PENNSYLVANIA?A1,'7 .svG°y Notarial Seal awWopherM.HBfnrnactw,Notary Pub6c Notary Public in and for the State of ??'??? f'sc++aC Lower Allen Twp., ClrnbwlwW County My Commission EVres Aprl 30, 2011 Member, Pennsylvania Association of Notaries LASER PRO Lending, Ver. 5.39.00.008 Copr. Harland Financial Solutions, Inc. 1997, 2008. All Rights Reserved. - PA S:\CFI\LPL\G201.FC TR-6459 PR-44 EXHIBIT "A" ALL THAT CERTAIN parcel known as Lot 25, Section B, Allendale, Lower Allen Township, Cumberland County, Pennsylvania, said Plan recorded in Cumberland County Recorder's Office in Plan Rook 27, Page 100, bounded and described in accordance with said Plan as follows: BEGINNING at a point on the eastern right of way line of Blacksmith Road, a 50 foot right of way, said point being located and referenced a distance of 889.26 feet in a southeasterly direction along the eastern right of way line of Blacksmith Road from the southeast corner of the right of way line of Fieldstone Road (erroneously designated as Chimney Lane on the aforementioned Plan) a 50 foot right of way; thence along Lot No. 26 North 50 degrees 57 minutes 08 seconds East 100 feet to a point; thence South 39 degrees 02 minutes 52 seconds East 100 feet to a point at the northeast corner of Lot No. 24; thence by said Lot No. 24 South 50 degrees 57 minutes 08 seconds West 100 feet to a point on the eastern right of way line of Blacksmith Road; thence along the same North 39 degrees 02 minutes 52 seconds West 100 feet to the point and place of BEGINNING. HAVING thereon dwelling house known as 137 Blacksmith Road. ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 200807554 Recorded On 3/13/2008 At 10:45:10 AM * Instrument Type - MODIFICATION OF MORTGAGE Invoice Number -16289 User ID - RAK * Mortgagor - EVENING, CHARLES B * Mortgagee - COMMERCE BANK/HBG N A * Customer - SEARCH ONE ABSTRACTING * FEES STATE WRIT TAX $0.50 RECORDING FEES - $11.50 RECORDER OF DEEDS COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $17.00 * Total Pages - 5 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA RECORDER O D DS r?ao * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. OOOJPQ YIIIn 'g /'T CHARLES B EWING 823 S CAMERON STREET HARRISBURG, PA 17104-2526 J#AETRO BANK 3£361 Paxtr,n Street Harrit.burg • PA • 17111 mymetrobanUorn P89 937.0004 February 7, 2011 ACT 6/91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home This Notice explains how the program works To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE Take this Notice with you when you meet with the Counselin 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 Wersons vNrith impaired hearing can call (717) 780-1869. This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTI.FICACION 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 CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. CHARLES B EWING 137 BLACKSMITH ROAD CAMP HILL. PA 17011 CHARLES B EWING 823 S CAMERON STREET HARRISBURG, PA 17104-2525 Property Address -137 BLACKSMITH ROAD, CAMP HILL, PA 17011 Loan account number - 930000088 Original lender - Metro Bank Current LenderlServicer - Metro Bank HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWN'ER'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. YOUSHOULD FILEA HEMAPAPPLICATIONASSOONASPOSSIBLE. IF YOUHAVE A MEETING WITHA COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE ANAPPLICA TION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILYPREVENTED FROMSTARTINGA FORECLOSUREAGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARYSTAYOFFORECLOSUR.E': YOU HAVE THE RIGHT TO FILEA HEMAP A PPLICA TION E VEN BEYOND THESE TIME P E R I O D S . A LATEAPPLICATION WILL NOT PREVENT THE LENDER PROMSIARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLYAPPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION-Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (50) 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: 137 BLACKSMITH ROAD, CAMP HILL, PA 17011 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: 11/20/2010-5143.09,12/20/2010-$141.83,1/20/2011-$143.20 and late fees $14.24 TOTAL AMOUNT PAST DUE: $ 442.36 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 $442.36 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash cashier's check certified check or money order made payable and sent to: Metro Bank 3801 Paxton Street P.O. Box 4999 Harrisburg, PA 17111-0999 IF YOU DO NOT CURE THE DEFAULT-If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON-The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. Ilowever, 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 vav attornev's fees OTHER LENDER REMEDIES-The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE-If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at an time up to one hour before the Sheriff's Sale You may do so by paying the total amount then past due. plus any late or other charges then due reasonable attornev's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff s Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE--It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately six months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Metro Bank Address: 3801. Paxton Street, P.O. Box 4999 Harrisburg, PA 17111-0999 Phone Number: (717) 412-6894 Fax Number: (717) 909-4589 Contact Person: Jessica Hamilton Consumer/Commercial Asset Recovery Specialist EFFECT OF SHERIFF'S SALE-You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE-You may or _X may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, providedWthat 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 Berks County - Continued PA Interfaith Community Programs Inc. (610) 562-2288 American Red Cross - Hanover Chapter (717) 637-3768 CCCS of Western PA (888) 511-2227 Maranatha (717) 762-3285 Opportunity Inc. (717) 424-3645 Berks County American Credit Counseling Institute (888) 212-6741 American Financial Counseling Services Inc. (267) 228-7903 (800) 490-3039 Budget Counseling Center (610) 375-7866 CCCS of Lehigh Valley (610) 821-4011 (800) 837-9815 Community Action Committee (610) 691-5620 Neighborhood Housing Services of Reading (610) 372-8433 Schuylkill Community Action (570) 622-1995 Cumberland County CCCS of Western PA (888) 511-2227 Community Action Commission of Capital Region (717) 232-9757 Maranatha (717) 762-3285 PA Interfaith Community Programs Inc. (717) 334-1518 PHFA (717) 780-3940 (800) 342-2397 Dauphin County CCCS of Western PA (888) 511-2227 Community Action Commission of Capital Region (717) 232-9757 PHFA (717) 780-3940 (800) 342-2397 Franklin County Lebanon Coun 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 Capital Adams County Interfaith Region Housing Authority (717) 232-9757 (717) 334-1518 American Red Cross - Hanover Maranatha Chapter (717) 762-3285 (717) 637-3768 Base, Inc Lancaster County (717) 392-5467 American Credit Counseling Institute CCCS of Western PA (888) 212-6741 (888) 511-2227 Housing Alliance of York Base, Inc (717) 854-1541 (717) 392-5467 (800) 788-5062 CCCS of Lehigh Valley (610) 821-4011 (800) 837-9815 CCCS of Western PA (888) 511-2227 o a r J ' A EL _ m ? m a n ym e g ?? N 0 CL CJ Jl LL > C EF a? CC) c ? N l ? ? LL T 90T TD 20 0 000 0 9 0 Who L-A , , ` 5. Ig Z ?N m ?. W N o m M 2 i z ? ? ? ? ` ? N O 42 rm Ed o M Z ?0? e > _ rq > O C3 C3 79 0 ° • O ¢ d X cm o ri v E Q O o N m I ? jj ? apyi m [I E ? E _I M Q0OE "r w >.m 0 co 0) '2 o :L- cod 0?E 1(O .. N m ACC m V ? X-C ca c vN LL • mm ? UC?O t7i? ?i ) a r N m E? co ?z' c+9 EE?w ?o v r`, c U?d r°nQ'o ¢ rd LL 5 0 CO 'i v. N C CHARLES B EWING 137 BLACKSMITH ROAD CAMP I-TILL, PA 17011 14ETRO BANK 9n1 Paxton Street Ha rrisbwq + PA- 17111 myrn+ trabankx,im FRS.9370004 February 7, 2011 ACT 6/91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pap_es. The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save vour home. This Notice explains how the program works To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE Take this Notice with you when you meet with the Counseling Agencv. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the cnd of the Notice. If you have any questions you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780-1869 This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPO.RTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAM_ANDO 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 CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. CHARLES B EWING 137 BLACKSMITH ROAD CAMP HILL, PA 17011 CHARLES B EWING 823 S CAMERON STREET HARRISBURG, PA 17104-2526 Property Address -13'7 BLACKSMITH ROAD, CAMP HILL, PA 17011 Loan account number - 930000088 Original lender - Metro Bank Current Lender/Servicer - Metro Bank HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: *IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE-Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing). During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY-THREE (33) DAYS OF THE DATE OF THIS NOTICE IF YOU 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". EXPLAINTS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES-If you meet -Mth 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 tender 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 HEMAP APPLICATIONAS SOONAS POSSIBLE. IF YOU HAVE A MEETING WITHA COUNSELINGAGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS A0TICEAND FILE AN APPLICA TION WITH PHFA WITHIN 30 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 "TEMPOR.ARY STA Y OF FORECLOSURE"YOU HAVE THE RIGHT TO FILEA HEMAPAPPLICATION EVEN BEYOND THESE TIME P E R I O D S . A LATEAPPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A F ORECLOSURE ACTION, BUTIF YOUR APPLICA TIONIS EVENTUALL YAPPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION-Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (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: 137 BLACKSMITH ROAD, CAMP HILL, PA 17011 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: 11/20/2010-$143.09,12/20/2010-$141.83,1/20/2011-$1.43.20 and late fees $14.24 TOTAL AMOUNT PAST DUE: $ 442.36 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 $442.36 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash. cashier's check certified check or money order made payable and sent to: Metro Bank 3801 Paxton Street P.O. Box 4999 Harrisburg, PA 17111-0999 IF YOU DO NOT CURE THE DEFAULT-If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON-The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES--The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE-If you have not cured the default within the 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 charges then due reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE-It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately six months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Metro Bank Address: 3801 Paxton Street, P.O. Box 4999 Harrisburg, PA 17111-0999 Phone Number: (717) 412-6894 Fax Number: (717) 909-0589 Contact Person: Jessica Hamilton Consumer/Commercial Asset Recovery Specialist EFFECT OF SHERIFF'S SALE-You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE-You may or _X _may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN' MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. {HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.} • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. 0 TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES Adams County Adams County Interfaith Housing Authority (717) 334-1518 American Red Cross - Hanover Chapter (717) 637-3768 CCCS of Western PA (888) 511-2227 Maranatha (717) 762-3285 Opportunity Inc. (717) 424-3645 Berks County American Credit Counseling Institute (888) 212-6741 American Financial Counseling Services Inc. (267) 228-7903 (800) 490-3039 Budget Counseling Center (610) 375-7866 CCCS of Lehigh Valley (610) 821-4011 (800) 837-9815 Community Action Committee (610) 691-5620 Neighborhood Housing Services of Reading (610) 372-8433 Berks County - Continued PA Interfaith Community Programs I.nc. (610) 562-2288 Schuylkill Community Action (570) 622-1995 Cumberland County CCCS of Western PA (888) 511-2227 Community Action Commission of Capital Region (717) 232-9757 Maranatha (717) 762-3285 PA Interfaith Community Programs Inc. (717) 334-1518 PHFA (717) 780-3940 (800) 342-2397 Dauphin County CCCS of Western PA (888) 511-2227 Community Action Commission of Capital Region (717) 232-9757 PHFA (717) 780-3940 (800) 342-2397 Franklin County Lebanon Coun 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--)768 (888) 511-2227 CCCS of Western PA (888) 511-2227 York County Community Action Commission of Capital Adams County Interfaith Region Housing Authority (717) 232-9757 (717) 334-1518 American Red Cross - Hanover Maranatha Chapter (717) 762-3285 (717) 637-3768 Base, Inc Lancaster County (717) 392-5467 American Credit Counseling Institute CCCS of Western PA (888) 212-6741 (888) 511-2227 Housing Alliance of York Base, Inc (717) 854-1541 (717) 392-5467 (800) 788-5062 CCCS of Lehigh Valley (610) 821-4011 (800) 837-9815 CCCS of Western PA (888) 511-2227 '{• ?O st ?\ep NAM , TAI wA ! 0 fit ? r? 1 ry 4411 ? ow .... I -- Caw 0 1 1 00 e ill i ? ? a .9 Q( Yr ri 1 _ ilk V 0 .+ W it z O IL r! ILA i-r - zomw,i lb(tilza a = h WW0M !11 ' ,4.Oia tD zmCWt4 01 W<rZIr 4 ., rnzaJ 0 a S7Ud ? - 4? r IL O W" rl M z It 030a: U - „ilp= M M. [IAN I L ?E m o SRC m • • hSOT T0 20 0000 0907 OTOZ .0 ¢ ^ ? m W U) L r, 0 0) o ? 00 M = { o s. Zo ?? ?? 0 U ? 3 o r _ N 2 a ? a m d ?( m o ro C a a m E Q?L %'E' E p" .N m g 'O C.2:5 a ?? 0 O f7 Z' ? U U C ? a L lC m R ?' m U N 'D al O ? r '$ 5 0 t5 o ; ? s s , lC V C m N m Q m- Yt 03 av Tc'At" EEEi'9 U:1 oa.r°nQ`o r `o ? a ! 1 E6 Ln cc 0 ??? a a. C3! $ ai C3 C3 ?? M? ? ? O f M rl aj \v ? I l( ,? ? ^? II ?^. r) a I 1 -1 z? m y N - T a 75 9 cc E v I E 98 a O N cl LL oo co U. C/3 Z 1 CO 3 - N to w v SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor -" 4FFZE T,E $kERIFF n n, t e e r fi.. l1 i r t 5 .. , J I : ' ' F 4... i.ij ? irVi'11giA Metro Bank F/WA Commerce Bank vs. Charles B. Ewing Case Number 2011-3920 SHERIFF'S RETURN OF SERVICE 04/27/2011 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Charles B. Ewing, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Dauphin County, Pennsylvania to serve the within Complaint and Notice according to law. 05/23/2011 Dauphin County Return: And now, March 23, 2011 I, Jack Lotwick, Sheriff of Dauphin County, Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for Charles B. Ewing the defendant named in the within Complaint in Mortgage Foreclosure and that I am unable to find him in the County of Dauphin and therefore return same NOT FOUND. Several attempts were made to 823 S. Cameron Street, Harrisburg, Pennsylvania 17104 with no response before the Complaint in Mortgage Foreclosure expired. SHERIFF COST: $37.44 May 25, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF ;c? CountySuite Sheriff. 1'eieoso`t Inc (otfire Of the William T. Tully ' Solicitor f Dauphin County 101 Market Street Harrisburg, Pennsylvania 17101-2079 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Jack Duignan Chief Deputy Michael W. Rinehart Assistant Chief Deputy Commonwealth of Pennsylvania METRO BANK F/K/A COMMERCE BANK/HARRISBURG, N.A. VS County of Dauphin CHARLES B EWING Sheriff s Return No. 2011-T-2104 OTHER COUNTY NO. 113920 I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for CHARLES B EWING the DEFENDANT named in the within COMPLAINT IN MORTGAGE FORECLOSURE and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUND, MAY 20, 2011. 7 ATTEMPTS WERE MADE AT 823 S CAMERON STREET, HARRISBURG, PA WITH NO RESPONSE; PAPERS EXPIRED Sworn and subscribed to before me this 23RD day of May, 2011 COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Karen M. Hoffman, Notary Public City of Harrisburg, Dauphin County M Commission Expires August 17, 2014 So Answers, Sheriff- of Dauphin County, P . ° r,,V-34, By Deputy Sheriff Deputy: T STRUBHAR Sheriffs Costs: $41.25 4/29/2011 It ?` -C -L. wI, L F z t e (IL r RA T,3C1^ CTARP t^n+ l 411, * 4`°n? -J t i .o.,:1 ? 7 ,'.r lu L 1 CUMM- RLAND COUNTY '-N SYLVAIA METTE, EVANS & WOODSIDE Melissa L. Van Eck, Esquire Attorney I.D. No. 85869 Heather Z. Kelly, Esquire Attorney I.D. No. 86291 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 (717) 236-1816 (fax) METRO BANK, f/k/a Commerce Bank/Harrisburg, N.A., Plaintiff V. CHARLES B. EWING, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO: 11-3920 Civil PLAINTIFF'S MOTION FOR SPECIAL ORDER DIRECTING ALTERNATIVE METHOD OF SERVICE OF COMPLAINT IN MORTGAGE FORECLOSURE PURSUANT TO Pa.R.C.P. 430(a) AND NOW comes Plaintiff, Metro Bank, f/k/a Commerce Bank/Harrisburg, N.A., by and through its attorneys, and files this Motion for Special Order Directing Alternative Method of Service of Complaint in Mortgage Foreclosure, and in support thereof, avers the following: 1. The authority for granting relief requested herein is Pa.R.C.P. 430(a). 1 2. Plaintiff is Metro Bank, f/k/a Commerce Bank/Harrisburg, N.A., a Pennsylvania state chartered bank with offices at Metro Center, 3801 Paxton Street, Harrisburg, Pennsylvania. 3. A complaint was filed by Plaintiff on April 26, 2011, naming Charles B. Ewing, an individual having a last known address of 823 S. Cameron Street, Harrisburg, Pennsylvania 17104, as Defendant. 4. The Sheriff of Cumberland County deputized the Sheriff of Dauphin County to serve the Complaint and Notice according to law. A copy of the Sheriff's Return is attached hereto and incorporated herein as Exhibit "A". 5. The Sheriff of Dauphin County states in the Sheriff's return: SEVERAL ATTEMPTS WERE MADE TO 823 S. CAMERON STREET, HARRISBURG, PENNSYLVANIA 17104 WITH NO RESPONSE BEFORE THE COMPLAINT IN MORTGAGE FORECLOSURE expired. See Exhibit "A". 6. Plaintiff, through its counsel, has made attempts to locate Defendant, Charles B. Ewing. An Affidavit as required by Pa.R.C.P. 430(a) showing the attempts made to locate the Defendant is attached hereto and incorporated herein as Exhibit "B". 7. On or about June 7, 2011, a Freedom of Information Request was sent to the Post Office. This request was returned with the comment "no change of address order on file". A true and correct copy of the Freedom of Information Request is attached hereto and incorporated herein as Exhibit "C". On or about June 7, 2011, an Accurint People search was performed. This search indicated that the most recent address for the Defendant is the address listed in the Complaint in Mortgage Foreclosure. A true and correct copy of the Accurint People search is attached hereto and incorporated herein as Exhibit "D". 2 9. On or about June 7, 2011, a Westlaw search was performed. This search indicated that the most recent address for the Defendant is the address listed in the Complaint in Mortgage Foreclosure. A true and correct copy of the Westlaw search is attached hereto and incorporated herein as Exhibit "E". 10. On or about June 23, 2011, a White Pages internet search was performed. This search indicated that the most .recent address for the Defendant is the address listed in the Complaint in Mortgage Foreclosure. A true and correct copy of the White Pages internet search is attached hereto and incorporated herein as Exhibit "F". WHEREFORE, Plaintiff respectfully requests that this Honorable Court authorize service of the Complaint in Mortgage Foreclosure by posting on Defendant's property located at 137 Blacksmith Road, Camp Hill, Pennsylvania 17011 and by publication in the Cumberland Law Journal and Patriot Newspaper and all other relief that the Court deems appropriate. Respectfully submitted, METTE, EVANS & WOODSIDE Melissa L. Van Eck, Esquire I.D. No. 85869 Heather Z. Kelly, Esquire I.D. No. 86291 Mette, Evans & Woodside 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Telephone: (717) 232-5000 Attorneys for Plaintiff Date: June', 2011 3 e MOd "/,U, P,4; 0 Y Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND %:OUNTY ?4?ttr at ??ea;nbcr??4 ? y OFFICE OF THE SHERIFF Metro Bank F/K/A Commerce Bank vs. Charles B. Ewing Case Number 2011-3920 -SHERIFF'S-RETURN DF SERVICE 04/27/2011 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Charles B. Ewing, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Dauphin County, Pennsylvania to serve the within Complaint and Notice according to law. 05/23/2011 Dauphin County Return: And now, March 23, 2011 I, Jack Lotwick, Sheriff of Dauphin County, Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for Charles B. Ewing the defendant named in the within Complaint in Mortgage Foreclosure and that I am unable to find him in the County of Dauphin and therefore return same NOT FOUND. Several attempts were made to 823 S. Cameron Street, Harrisburg, Pennsylvania 17104 with no response before the Complaint in Mortgage Foreclosure expired. SHERIFF COST: $37.44 May 25, 2011 SO ANSWERS, RONWY_ R ANDERSON, SHERIFF (c) CountySuite Sheriff. TeleosoR. Inc. ??'?r:t Elf th-e cs 4Lyf xWilliam T. Tully Solicitor Dauphin County 101 Market Street Harrisburg, Pennsylvania 17101-2079 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin Jack Duignan Chief Deputy Michael W. Rinehart Assistant Chief Deputy METRO BANK F/K/A COMMERCE BANK/HARRISBURG, N.A. VS CHARLES B EWING Sheriff s Return No. 2011-T-2104 OTHER COUNTY NO. 113920 I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for CHARLES B EWING the DEFENDANT named in the within COMPLAINT IN MORTGAGE FORECLOSURE and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUND, MAY 20, 2011. 7 ATTEMPTS WERE MADE AT 823 S CAMERON STREET, HARRISBURG, PA WITH NO RESPONSE; PAPERS EXPIRED Sworn and subscribed to before me this 23RD day of May, 2011 -)P*Z COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Karen M. Hoffman, Notary Public City of Harrisburg, Dauphin County M Commission Expires August 17, 2014 So Answers, Sheriff of Dauphin County, BY _ '_ Deputy Sheriff Deputy: T STRUBHAR Sheriffs Costs: $41.25 4/29/2011 MJd %M PaGx6:)aa %001 )F? x 0 5 METRO BANK, f/k/a Commerce Bank/Harrisburg, N.A., Plaintiff V. ; CHARLES B. EWING, Defendant COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO: 11-3920 Civil AFFIDAVIT OF INVESTIGATION I, Melissa L. Van Eck, Esquire, being duly sworn according to law, depose and say that I am counsel for Plaintiff, Metro Bank, f/k/a Commerce Bank/Harrisburg, N.A., in the foregoing action and that the following efforts were made by my office to serve Defendant Charles B. Ewing, with Plaintiffs civil action and to determine the present whereabouts of the Defendant: 1. Service of Plaintiff's civil action was attempted by the Sheriff of Cumberland by deputizing the Sheriff of Dauphin County with no response. See Exhibit "A" attached hereto. 2. The United States Postal Service indicates that "no change of address order on file". See Exhibit "C" attached hereto. 3. I caused an Accurint People search to be performed which returned the same address where service was attempted by the Sheriff. See Exhibit "D" attached hereto. 4. I caused a Westlaw search to be performed which returned the same address where service was attempted by the Sheriff. See Exhibit "E" attached hereto. 5. I caused a White Pages internet search to be performed which returned the same address where service was attempted by the Sheriff. See Exhibit "F" 4 This information is true and correct to the best of my knowledge, information, and belief. Respectfully Submitted, Melis a L. Van ck, squire Attorney I.D. No. 85869 3401 North Front Street Harrisburg, PA 17110 (717)232-5000 Sworn and subscribed to before me this Z4k-+2ay of June,2_V I i ,(Sl csz ?' W VOVV6L Notary bli rlal Seal tulle A. Fawbush, WtaN Publk Susquehanna Twp., Dauphln County My Cornmisslon ExPUes tan. 21, 2014 . ..__ sw1.W. 5 ?' ?a???? METTE9 EVANS & WOODSIDE A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 3401 NORTH FRONT STREET HOWELL C. METTE MARY ALICE BUSBY P.O. BOX 5950 MARK D. HIPP ROBERT MOORE KATHRYN L. SIMPSON HARRISBURG, PA 17110-0950 RONALD L. FINCK CHARLES B. ZWALLY THOMAS F. SMIDA RANDALL G. HURST* PETER J. RESSLER PAULA J. LEICHT IRS NO. MELISSA L. VAN ECK JAMES A. ULSH TIMOTHY A. HOY 23-1985005 HEATHER Z. KELLY JEFFREY A. ERNICO HENRY W. VAN ECK AARON T. DOMOTO TELEPHONE FACSIMILE (717)232.5000 (717)238.1818 TOUL FREE: 1-800-982-5097 HTTP;//% W W.METTE.COM June 7, 2011 POSTMASTER 1425 Crooked Hill Road Harrisburg, PA 17107 REQUEST FOR INFORMATION IS NEEDED FOR PHYSICAL ADDRESS OF BOXHOLDER FOR SERVICE OF LEGAL PROCESS JAMES W. EVANS 1926-2008 * MARYLAND BAR Please furnish the physical street or new address (if a boxholder) for the following: (All former addresses are given.) Charles B. Ewing 823 S. Cameron Street Harrisburg, PA 17104 Note: The name and address are required for service of legal process. The name, if known, and post office addresses are required for boxholder information. The following information is provided in accordance with 39 CFR 265.6(d)(6)(ii). There is no fee for providing boxholder information. The fee for providing change of address information is waived in accordance with 39 CFR 265.6(d)(1) and (2) and corresponding Administrative Support Manual 253.44 a and b. 1. Capacity of requester (e.g. process server, attorney, party representing himself): ATTORNEY 2. Statute or regulation that empowers me to serve process (not required when requester is an attorney for a party acting - pro se - except a corporation action pro se must cite statute: 65 P.S. 66.1 et seq. Freedom of Information Action 3. The names of all known parties to the litigation: Charles B. Ewing; Metro Bank f/k/a Commerce Bank/Harrisburg, N.A. Wyomissing Office 1105 Berkshire Boulevard, Suite 320 1 Wyomissing, PA 19610 1 Telephone (800) 962-5097 June 7, 2011 Page 2 4. The Court in which the case has been or will be hearing: Court of Common Pleas of Cumberland County, Pennsylvania The docket or other identifying number, if one has been used: 2011-3920 6. The capacity in which this individual is to be served (i.e. defendant or witness): Defendant. WARNING The submission of false information to obtain and use change of address information or boxholder information for any purpose other than the service of legal process in connection with actual or prospective litigation could result in criminal penalties including a fine of up to $10,000 or imprisonment or (2) to avoid payment of the fee for change of address information of not more than 5 (five) years, or both (TITLE 19 U.S.C. SECTION 1001). I certify that the above information is true and that the address information is needed and will be used solely for service of legal process in connection with the actual or prospective litigation. Melissa Van Eck, Esquire Mette, Evans & Woodside 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 FOR POST OFFICE USE ONLY STREET ADDRESS OF BOXHOLDER NAME : STREET ADDRESS: JUN 18 No Street address available No change of address order on file Not known at address given Moved, left no forwarding address No such address 539149v1 J(Dk kv I t ? Person Search f4y Accurint People Business Assets Licenses Phones Courts People Advanced Person People At Work Death Records Email Search Last Name First Name Middle Name :SSN EWING CHARLES B tody ; ? aeon: ? Street Address AS City State AM Zip PA County Radius ..gt Phone Is DOB tl Age Range .,.ebt r,ume, At Reterence code: 633-1402 Page 1 of 4 24/7 Search and Technical Assistance 1-866-277-8407 HOME CLASSIC VIEW PRINT '., CONTACT US LIVE CHAT HELP i SIGN OUT Recent Searches MyACCOUnt Person Sea... EWING CHARL All Recent Searches v Ccve,'aq. , Help? Use of Recent Searches is subject to xmportanl: The P:. bur Fe- ds i id ...... er:.•aly your Permissible Use selections. - able data sources used in lha sttem nave errors. '.. (?eta iv snn':etirnu_ ante?ed poorly: F'raoessed ':. c':9 and Es ,ever ally not Gee rrm» de':'aa., Rena '.. More Search Tips Did you know that Accurint gets feeds everyday from the Phone l companies and updates phones EVERY DAY? White page sources '.. only update monthly and can be 90-120 days old. Person Search Results or"> ; [• -' " Search Terms Used - Last Name: EWING; First Name: CHARLES; Middle Name: B; State: PA; Cte?ill[ ad UI?' 1 ?. 3 4 ? !'.3" Edit Search ? A New Search --Print Results IdExportto Excel All Full Name SSN Address Phone Next steps 1. y CHARLES B EWING Gender: Male DOB: 04/ex/1947 (64) 19412-xxxx 89 OLD NATIONAL PIKE WEST ALEXANDER PA 15376-2347 Jul 94 -May 11 724-484-4011 - EDT EWING BARRY Relatives Neighbors I Setup Alert Probabte current address Associates Relatives, Neighbors & Associates People at Work Reports: ? Cc I 'ehzn54e Other Rep rt Reports R 1.1.11, Report ( Finder #Acidress Report Report Contact Card ReVart Goun: Starch LPa h- Accurint Report. 'a t --t See F%antple, --- -- 2. CHARLES B EWING 19412-.xxx 89 OLD NATIONAL PIKE 724-454-7556 - EDT Relatives Gender: Male DOB: 04/xx/1947 (64) WEST ALEXANDER PA 15376-2347 Ad 94 - Mav 1+ EWING BARRY Neighbors V Setup Vert Probable cuRcnt address Associates Relatives, Neighbors & Associates People at Work Reports: Comprehensive fad Other FeFOrt '$ Reports yJ Relavint Report [® Finder OiAdares, kST Report Report Contact Card Report Court Search team how Accurint Reporlr can assist ou:5ee Exam le 3, •"" CHARLES B EWING Gender. Male DOB: 03/xx/1966(45) 176-56-xxxx 623 S CAMERON ST HARRISBURG PA 171 D4-2526 Feb l1 717-635-9659 EWING CHARLES Relatives Neighbors p YJ S . Al d rt ,f Probable current address Associates e e l{ Relatives, Neighbors & Associates People at Work Re orts: Gt.nprrhen5we 1,. Other ?y?' Relavint Flndc, Address # Address Contact Ceurc Learn hot ' Accurint Report p eport R Repo- Report iLf l:eport 1 Card Report Searc In y assist ca n ou :5ee Exam le 14. CHARLES 8 EWING Gender: Male DOB: 1 Z/xxll940 (70) 195-82-xxxx 135 PIN OAK DR NEW CUMBERLAND PA 17070-2343 Dec: 08 717-774-5551 EWING CHARLES D Relatives Neighbors a?-,? hJ Setup Alert y/ Probable, puneni address Associates Relatives, Neighbors & Associates People at Work Reports: Comprehensrve (:,? Report VA RIPOrt,O[her Relavint Re art #?y. Finder &Address iY?' Report Report /Contact sr7Card Report Court >earch Learn ho,', Accurint Report. E%an"le ran assist' ou:See 5. r CHARLES 8 EWING JR Gender: Male DOB: 031x./1966 (45) 176-66-xxxx 823 S CAMERON ST HARRISBURG PA 1 7 1 04-2 526 Nov 10 717-635-9659 EWING CHARLES ?? Relatives Neighbors ?:! Setup Alert Probable current adders, ? AS,SOCidteS Relatives, Neighbors & ASs Oclal.es People at Work Reports: Comprehensive Other ReVOrt Reports' if Relavint w?i= Report ?r?Qryes Finder Address silt Report ?Repo,t entact Card Report a'tx Court j search Learn I- A<cll tint Report: can .5Mst l u'5ee Exam le-. ........... CHARLES BARRY EWING 19412-xxxx 89 OLD NATIONAL PIKE 724-484-4011 - EDT Relatives Gender. Male DOB: 04/.x/1947 (64) WEST ALEXANDER PA 15376-2347 2010 EVM NO BARRY Neighbors Setu aert Probable current address Associates p Relatives, Neighbors & Associates People at Work Reports: kmCC prehensile Other itepert Reports ?$Rrlavint SL Report t'j Finder #Addr- jp,T Report Report 111Wntacf Card Report court Search I-earn.towACCunritRepOrt- can assist Ol See Exam le 7, CHARLES BARRY EWING 19442-xxxx 89 OLD NATIONAL PIKE 724-484-7556- EDT Relatives 1 w_' Gender Male WEST ALEXANDER PA 15376-2347 EWING BARRY https://secure.accurint.com/app/bps/misc 6/7/2011 t r Person Search Page 2 of 4 DOB: 04/%x/1947 (64) ?a 11 Setup Alert 2010 Prohable current address yf Neighbors Associates Relatives, Neighbors & Associates ( People at Work Reports: : Comprehensive Other Report Rep0lti .1??I}e Relavint .mil Repo, Flnder Address Vr Report Report ..tact Cald Report %s-lch C"' Leam how Accurint Report: an aS5i5( YIIIJ:S2e, Fxam e CHARLES B EWING 518 2ND ST Relatives Gender. Male ENOLA PA 17025-3115 Jul 10 Neighbors Associates Relatives, Neighbors & Associates Reports: empr enens,ve Report Other Reports Jerre Relavint r?_Report Address Report Learn how Accurint Reports can assist ou:See Examples 9, 3' CHARLES B EWING RR 1 Relatives - L Gender: Male HAWLEY PA 18428-9801 Jun 08 - Sep 09 As50CidCeS (Reports: CO"'prenensive Report rte. Other 'O Repnlts yg Relavint S: Report #Address Report Leam how Accurint Reports [.an assist 'oU:See. Examples ?i 10. CHARLES B EWING 2331 MARKET ST STE L Relatives ' Gender: Male CAMP HILL PA 17011-4642 2009 Neighbors Associates Relatives, Neighbors & Associates ( Comprehensive 4Other 5Relacnt Address Learn how Accurint Reports Reports: Report wY Reparts 3 Report Report can assist You : See Examples 11. CHARLES B EWING 400-01-xxxx 137 BLACKSMITH RD Relatives' Gender: Male CAMP HILL PA 17011-8417 Apr o6 - Jan 07 Neighbors Setup Alert P Associates Relatives, Neighbors & Associates i People at Work Reparts: compieretsivc ?iry Other lieport y Reports if Reravot 3'= Report 1Q Flnder Address 4iiT Report Report Contact ?Caid Report Cowt -j; Search Leam how Accurint Report can assist ou:See Exam le 12. CHARLES B EWING 104 MASTHOPE PLANK RD Relatives Gender: Male LACKAWAXEN PA 18435-9701 Jun 05 Jun 06 Neighbors Associates i Relatives, Neighbors & Associates ( Reports: CUmprehens!ve Report {Fa ocher' 4A Re arts` y?Relavln[ .i=R2port Address Report Leal ri how Accurint Reports can assist. ou:See. Examples 13, + CHARLES REVVING 5030 ERBS BRIDGE RD Relatives ^ Gender: Male MECHANICSBURG PA 17050.2430 Dec 04 Neighbors Associates Relatives, Neighbors & Associates Reports: Co11prehisr-1, Reucrt Other Reports y$Relamnt Report Address Report Learn hots Accurint Reports call assist You:See Examples F 14N CHARLES 8 EWING 137 BLACKSMITH RD Relatives ' Gender: Male NEW CUMBERLAND PA 17070 May 00 - 2003 Neighbor Associates i Relatives, Neighbors & Associates Reports: arnprehenvw Rec.".. Other Reports Relavint Report Address Report Lean haw Accurint Reports can assist au: See. Examples l-- 15, , r' CHARLES B EWING 603 SHEPHERDSTOWN RD Relatives te ' Gender: Male MECHANICSBURG PA 17055-4274 Apr 85 - 2003 Neighbors Associates Relatives, Neighbors & Associates Reports: Comprehensiv+ Report Other Reports Rel,,Orlt Report Atldreaa Report Learn how Acc-Int Reports an assist ou:See Examples ?16. CHARLES B EWING 175.56-xxxx 137 BLACKSMITH RD 717-731-4745 Relatives Gander. Male DOB: 031xx/1986 (45) CAMP HILL PA 17011-8417 Aug 97 -Apr 11 Neighbors I Ater[ S Associates e. Up Relatives, Neighbors & Associates People at Work Reports: UCe^:prrhensr:e Other Re -net Reports •y=Relavin[ 1leport ({4. Flnder Address {Fl Report Report iQ/CUn[act ai Card lia art Court Sear<h Learn (low Accurint Report' Cal assist ou:See Exam le _-_ _..___ .._.._..-_.._-C._-?.__._____..-_-_ .-._-.. . Jar' CHARLES 8 EWING Gander: Male B: 12!x.11940 (70) D O 195J2-xxxx 2 BOEING RD NEW CUMBERLAND PA 17070-2401 Mar 02 - Sep 10 717-731-4745 -EDT Relatives atives Neighbors s ?? Setup Wen Associates https:Hsecure.accurint.com/app/bps/misc 6/7/2011 Person Search Page 3 of 4 ' Relatives, Neighbors & Associates People at Work Reports: UComprehensrve Other Report Reports g?Reiavint .iz Repott (Q Finder Report 69 Address Report /Contact "'V Card Report COUrt search Learn hoar Accurint Report. can assisr you:See Example 18. CHARLES B EWING ?.. Gender: Male DOB: 12/,x11940 (70) 195-32-xxxx 137 BLACKSMITH RD CAMP HILL PA 17017-8417 Jul 92 -Aug 10 717-731-4745 - EDT Relatives Neighbors Associates Setup Alen Relatives, Neighbors & 1-:1ate9 People at Work (Reports : Comprehensive Other Report Reperts at Relavint Report tQ Finder Report Address Report lVcontaa ?i Card Report Cowt 5ear& 1-eam how Accurinl: Report. can assist you:See Example 19 CHARLES B EWING 176.56-xxxx 414 GEARV AVE Relatives ar. Gender: Male DOB: 03/xx/1966 (45) NEW CUMBERLAND PA 4 Jul 10 7070-1823 Neighbors ? Al S t t Associates ? e up er Relatives, Neighbors & Associates People at Work Reports : UConlprehensive Iml Other Report 4i Reports Relavint Report it! Finder Wr Report OAddress Report 1V C.onta. f Card Re port Court Search Learn how Accurint Report- can assist ou: See Exam Ie 20. :3' CHARLES B EWING Gender: Male DOB: 124.11940 (70) 19531-xxxx 6BOEING RD NEW CUMBERLAND PA 1 Aug 02 - Mar 10 7070-2401 717-731-4745-EDT Relatives Neighbors t'-r Setup Alert Associates Relatives, Neighbors- & Associates People at Work Reports : COmprehe•lsive other R port. Reports y?0.alavint S? Re ort R'9 Finder t4? Report ?yAUdress Report Vic matt Card Report Courc Search tarn how Accurinl Report' Call assist. you :5P.E F. %anlple- 21. - CHARLES B EWING 176.56-xxxx 104 E KELLER ST 717-731.4745 -EDT Relatives I Gender: Male DOB: 031xx/1966 (45) MECHANICSBURG PA 17055-3828 1997 - Mar 10 Neighbors *+r t S At ! Associates e up er Relatives, Neighbors & Associates People at Work i Reports : Comprehensive. ''Q 1 Other RzVprt Reports Relavint Re ort Finder Report Address Report Contact'DOrt Card Re %Cout search Learn how Accurint Report- can assist ou: See. EXdm le 22. CHARLES 8 EWING 19542-xxxx 202 HERMAN AVE APT 1 717-731-4745 - EDT Relatives Gender: Male 008: 124x/1940 (70) LEMOYNE PA 17043-1937 2005 -2010 Neighbors ` Setup Alert Associates Relatives, Neighbors & Associates People at Work U Comprehensive 13 Other Reports: Repott Reports 1JRe1-1111 .i'Z R2eport Finder %W Report ?Adtlress Report COntact ? Card RepJrG }Y+??,p, COUrt j' Search Learn hov+ACCUrint Report. Cdn assist ou;See Exanl e 23. ` CHARLES B EWING Gander: Male DOB: 121,x11940 (70) 19532-xxxx 1176 SHOREHAM RD CAMP HILL PA 17011-613 2005 -2010 5 717-7314745 - EDT Relatives Neighbors aeuF Net Associates Relatives, Neighbors & Associates People at Work Reports: Cemprehelsi•:e Other lieport t'O Reports =p Relavint 3'=Re ort t!'! Finder ?j Report Address Report Wontatt Card Reper Court Search Learn how Accurint Report can assist pu:See Example 24, CHARLES B EWING 176-56-xxxx 4 BRIER RD 717-731-4745- EDT Relatives Gender: Male DOB: 031X,/1966 (45) CAMP HILL PA 17011-2509 N-04 2010 Neighbors ` Associates i setup Ner t Relatives, Neighbors & Associates People at Work Reports : Comprehensive Other Report Re-pplt5 Relavint Tri Repprt _ Finder Report Address rI' Report, ontatt Card Report jLuurt Search Learn how Accurint Report. can assist you:See Example. F25 , CHARLES B EWING Gender: Male DOB: 121,x/1940 (70) 19532-xxxx 141 HERMAN AVE LEMOVNE PA 17043-1936 2003 - 2010 717 7314745 - EDT Relatives Neighbors #.l Seni Alert Associates p Relatives, Neighbors & Associates People at Work ReDOrtS: Con•..pre Report hens,ve Ptd Other 4s Reports A R.+.lavint S'f Report a Finder Report Address Reinert a2?C-111- °? Card Report Court Search Learn how Accurint Report'- list you: See E%anlple- R-Inds: i to 25 re 94 Resin nacre: 1 '.. 3 a ? * Edit Search '} New Search iZaPrint Results IdExport to Excel https://secure.accurint.com/app/bps/misc 6/7/2011 Y Y 1 Person Search Page 4 of 4 Your OPPA Permissible Use: Civ l, ;i; ntlnal, AdnlinKCrat,e Or Arbl Val Proceedinos Your ELBA Permissible Use re n,: 11)IC a ryNl nr Henrficia! Irferest Relatin_ t he Consumer LexisNexis- Ahoot LexsNexis I Terns ?, Co d.N)ns Cnpyri(Iht 2011 Le-Ne- Risk SOIUtlons. All rights reserved. https:Hsecure.accurint.com/app/bps/misc 6/7/2011 i Ex, s 7- Westlaw People Finder - Historic Tracker Record Source Information Information Current Through: 04/30/2011 Database Last Updated: 05/10/2011 Update Frequency: MONTHLY Current Date: 06/07/2011 Source: TRANS UNION Individual Information Name: CHARLES B EWING Also Known As: EWING, CHUCK EWING, CHARLES SSN: 176-56-XXXX Date of Birth: 03/XX/1966 Historic Phone Number: 766-3032 On File Since: 08/01/1984 Last Known Address Information Current Address: 823 S CAMERON ST HARRISBURG, PA 17104-2526 Phone Number 1: 717-635-9659 Address Last Reported: 02/10/2011 Other Address Information Previous Address: 471 GARRISTON RD YORK HAVEN, PA 17370-9519 Address Last Reported: 07/18/2001 Previous Address: 1425 SPANGLER MILL RD CAMP HILL, PA 17011-8203 Address Last Reported: 07/18/2001 Previous Address: 223 S 3RD ST A LEMOYNE, PA 17043-1913 Address Last Reported: 07/18/2001 © 2011 Thomson Reuters. No Claim to Orig. US Gov. Works. Page 2 of 3 https:Hweb2.westlaw.comlprintlprintstream. aspx?prft=HTMLE&vr=2.0&destination=atp&... 6/7/2011 Previous Address: 24 W GREEN ST 2 MECHANICSBURG, PA 17055-6252 Address Last Reported: 07/18/2001 Previous Address: 831 LIMEKILN RD NEW CUMBERLAND, PA 17070-2318 Address Last Reported: 07/18/2001 Previous Address: 111 W CLEARVIEW DR CAMP HILL, PA 17011-4023 Address Last Reported: 11/13/2000 Previous Address: 2501 MILL RD MECHANICSBURG, PA 17055-5836 Address Last Reported: 02/01/1999 Previous Address: 210 REESER RD CAMP HILL, PA 17011-1923 Address Last Reported: 08/01/1999 Previous Address: 137 BLACKSMITH RD CAMP HILL, PA 17011-8417 Phone Number 1: 717-731-4745 Address Last Reported: 10/08/2002 END OF DOCUMENT © 2011 Thomson Reuters. No Claim to Orig. US Gov. Works. Page 3 of 3 https://web2.westlaw.comlprintlprintstream.aspx?prft=HTMLE&vr=2.0&destination=atp&... 6/7/2011 ????? ? t' ! e Charles Ewing in Harrisburg, PA I WhitePages WhitePages Advertisement: Click Now For FREE Credit Scores! ? Naval Training... Naval Training Engineer: The Naval Training Engineer will be r... Bechtel Marine P... 1 Pittsburgh, PA ? Contracts Manager Description: Key : • Provide the ... Westinghouse E... I Cranberry Twp, PA ? Sales Representative - Execut... Take Control. Excellent training ... MRINetwork I Pittsburgh, PA Interest Based Ad 40 Results for Charles Ewing in Harrisburg, PA See in map » Or search: • Last name only 1. You? Claim & edit » 2. Charles Ewing 3. S Cameron St Harrisburg, PA Prior: Camp Hill, PA Click to see more 4. Associated people: unknown See full listing » 1. You? Claim & edit » 2. Charles D Ewing Vice President @ Ewing Roofing 3. Spangler Mill Rd Camp Hill, PA 4. See full listing » 1. You? Claim & edit » 2. Charles D Ewing (Age 65+) Page 1 of 3 http://www.whitepages.com/searchIFindPerson?site_id=10583&firstname_begins_with=1... 6/23/2011 R v t Charles Ewing in Harrisburg, PA I WhitePages Page 2 of 3 3. Pin Oak Dr New Cumberland, PA Prior: North Port, FL Click to see more 4. Associated people: Donna M Ewing + more... See full listing » Charles Ewing Harrisburg, PA 45 Sponsored Links 1. You? Claim & edit » 2. Charles E Ewing Jr 3. Pin Oak Dr New Cumberland, PA Prior: North Port, FL Click to see more 4. Associated people: Donna M Ewing + more... See full listing » 1. You? Claim & edit » 2. Charles S Young Jr (Age 30-34) 3. State St Harrisburg, PA 4. Associated people: Amy Young Melisa Young + more... See full listing » 1. You? Claim & edit » 2. Charles T Young Jr 3. Pine St Harrisburg, PA 4. Associated people: unknown See full listing » 1. You? Claim & edit » 2. Charles Young Email Available Phone Number Availa§Oonsored by PeopleSmart.com http://www.whitepages.com/searchIFindPerson?site_id=10583&firstname begins with=l... 6/23/2011 Charles Ewing in Harrisburg, PA WhitePages Marketing Staff @ Wallace Mcnees & Nurick 3. Pine St Harrisburg, PA 4. See full listina 1. You? Claim & edit 2. Charles R Young (Age 45-49) 3. Clemson Dr Camp Hill, PA 4. Associated people: Lesli C Young + more... See full listing 1. You? Claim & edit 2. Charles S Young_ Sr (Age 65+) 3. Banbridge Dr Harrisburg, PA 4. Associated people: Caridad A Young Kira Young + more... See full listing 1. You? Claim & edit 2. Charles T Young Jr (Age 65+) 3. Amanda Dr Harrisburg, PA 4. Associated people: Ann T Young + more... Page 3 of 3 http://www.whitepages.com/searchIFindPerson?site_id=10583&flrstname begins with=1... 6/23/2011 . ?r t Free People Search WhitePages WhitePages Advertisement: Click Now For 3 FREE Credit Scores! Page 1 of 2 • • • • • • • • • • • • • • • • • • go • • • • • OF 7 0`17ro Fe :The Best Lobster in • M • nI?SQ; • • Charles Ewing Is this you? Edit H 823 S Cameron St Harrisburg, PA 17104-2526 (717) 635-9659 Prior: Camp Hill, PA (2010) Know me? Ask me to update my Iistimc.8 Listing date: Apr. 2011 Name popularity and name meaning for first name Charles and last name Ewing. http://www.whitepages.com/name/Charles-Ewing/Harrisburg-PA15fgpcli?site_id=10583 6/23/2011 N ? ? A METRO BANK, f/k/a Commerce IN THE COURT OF COMMON PLEAS OF Bank/Harrisburg, N.A., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. DOCKET NO: 11-3920 Civil CHARLES B. EWING, Defendant CERTIFICATE OF SERVICE I, Melissa L. Van Eck, Esquire, do hereby certify that a true and correct copy of the foregoing Motion was served by first class mail, postage prepaid, on this date, on the following individual at his last known address: Charles B. Ewing 823 S. Cameron Street, Harrisburg, Pennsylvania 17104 Date: Old V/// Respectfully submitted, METTE, EVANS & W?OODSI DE ry o IA , pp II . , , A f Vn 1 ' f Ian . G !A Melissa L. Van Eck, Esquire Sup. Ct. I.D. No. 85869 3401 North Front Street Harrisburg, PA 17110 (717) 232-5000 - Phone 6 Y Y g METRO BANK, f/k/a Commerce IN THE COURT OF COMMON PLEAS OF Bank/Harrisburg, N.A., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. _ DOCKET NO: 11-3920 Civil - :z = CD ? %; CHARLES B. EWING, Defendant ?Z 4CD a =C) CDC) tTt w..C tV ? ORDER AND NOW, this _Zj_0ay of T'ie n c_ , 2011, upon consideration of the Motion of Metro Bank, f/k/a Commerce Bank/Harrisburg, N.A., for Special Order Directing Alternative Method of Service of Complaint in Mortgage Foreclosure by posting and publication pursuant to Pa.R.C.P 430(a), and it appearing that the relief requested therein is appropriate, it is hereby: ORDERED that Defendant, Charles B. Ewing, may be served by posting a copy of Plaintiffs civil action on the real property located at 137 Blacksmith Road, Camp Hill, PA 17011, and by publishing a copy of same in the Cumberland Law Journal and Patriot News; and it is FURTHER ORDERED that all further notices requiring personal service in the above-captioned matter, including but not limited to, Ten Day Notice, Judgment Documents, and Notice of Sheriffs Sale, if any, shall be served upon Defendant, Charles B. Ewing, in the manner prescribed by this order. Distribution: Melissa L. Van Eck, Esquire 3401 North Front Street, Harrisburg, PA 17110 00j)y AQ . ?eoe-? b 1,_1F111 7 5399041 '4e L BY THE COURT: METRO BANK, Wa Commerce Bank/Harrisburg, N.A., Plaintiff V. CHARLES B. EWING, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO: 11-3920 Civil PRAECIPE TO REINSTATE TO THE PROTHONOTARY: C111 c -a:x rw Z.rn Z= ?r r? GQ c7 =C) 0 c r i 21 a 3 C) rnr- x ca oa _° t? -*9 ? n C) M --4 xa Please reinstate the Complaint with regard to the above defendant in the above captioned matter. Date: July 5, 2011 540283v1 Respectfully submitted, By: Me 'ssa L. Van Eck, Esquire I.D. No. 85869 Mette, Evans & Woodside 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Telephone: (717) 232-5000 1 o/0-00 -??L&ly erc? iozzQg ? a4,iy9y SHERIFF'S OFFICE OF CUMBERLAND COUNTY FILED-OFFIC' Ronny RAnderson CU THE PROTHTNOTAR"Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor at Z11114b" a 21, 11 JUL 15 AM 8: 8 3 CUMBERLAND COUNTY PENNSYLVANIA Metro Bank F/K/A Commerce Bank Case Number vs. Charles B. Ewing 2011-3920 SHERIFF'S RETURN OF SERVICE 07/12/2011 07:10 PM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on July 12, 2011 at 1910 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Charles B. Ewing, pursuant to order of court by posting the premises located at 137 Blacksmith Road, Camp Hill, Cumberland County, Pennsylvania 17011 with a true and correct copy according to law. SHERIFF COST: $49.44 July 13, 2011 TIM B , DEPUTY SO ANSWERS, RON R ANDERSON, SHERIFF ! Crn.n,',,Suite Shentt. Tieieos.;?t. Inc LE-E) -0FFICE ? L_ IROTHONOTAR'1' '/ 6 I I ' "; 22 AM 10: 43 '1.' ,a.HRLA, !D COUNTY 1"E:INNSYLVANIA Melissa L. Van Eck, Esquire Sup. Ct. I.D. No. 85869 Heather Z. Kelly, Esquire Sup. Ct. I.D. No. 86291 METTE, EVANS & WOODSIDE 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Phone: (717) 232-5000 Fax: (717) 236-1816 mlvaneck@mette.com METRO BANK, Fk/a COMMERCE BANK/HARRISBURG, N.A., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 11-3920 Civil V. CHARLES B. EWING, Defendant PROOF OF SERVICE OF COMPLAINT VIA PUBLICATION I, Melissa L. Van Eck, Esquire, hereby certify that on July 29, 2011, pursuant to Court Order dated June 29, 2011, I caused to have served, via publication, a true and correct copy of the Complaint in Mortgage Foreclosure filed in the above-captioned matter on the Defendant, Charles B. Ewing by publishing same in the Cumberland Law Journal and Patriot News. A true 541986v1 and correct copy of this Honorable Court's Order dated June 29, 2011 is attached hereto as Exhibit "A". Proofs of Publication from the Cumberland Law Journal and Patriot News, dated July 29, 2011 are collectively attached hereto as Exhibit "B". Respectfully submitted: METTE, EVANS & WOODSIDE 1 By: Melissa L. Van Eck, squire Sup. Court I.D. No. 85869 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 - Phone Date: August 19, 2011 Attorneys for Plaintiff METRO BANK, f/k/a Commerce IN THE COURT OF COMMON PLEAS OF Bank/Harrisburg, N.A., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. DOCKET NO: 11-3920 Civil CHARLES B. EWING, Defendant ORDER AND NOW, this a9 day of , 2011, upon consideration of the Motion of Metro Bank, f/k/a Commerce Bank/Harrisburg, N.A., for Special Order Directing Alternative Method of Service of Complaint in Mortgage Foreclosure by posting and publication pursuant to Pa.R.C.P 430(a), and it appearing that the relief requested therein is appropriate, it is hereby: ORDERED that Defendant, Charles B. Ewing, may be served by posting a copy of Plaintiffs civil action on the real property located at 137 Blacksmith Road, Camp Hill, PA 17011, and by publishing a copy of same in the Cumberland Law Journal and Patriot News; and it is FURTHER ORDERED that all further notices requiring personal service in the above-captioned matter, including but not limited to, Ten Day Notice, Judgment Documents, and Notice of Sheriff s Sale, if any, shall be served upon Defendant, Charles B. Ewing, in the manner prescribed by this order. BY THE COURT: J. Distribution: Melissa L. Van Eck, Esquire 3401 North Front Street, Harrisburg, PA 17110 7 539904v1 The Patriot-News Co. 2020 e tplogy Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 MID-ATLANTIC NEWSPAPER SERV 3899 NORTH FRONT ST HARRISBURG METRO BANK, f/k/a Commerce Bank/Harrisburg, N.A., Plaintiff V. CHARLES B. EWING, Defendant PA 17110 z4f patriot-News Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS IN THE COURT OF COMMON PLEAS OF !CUMBERLAND COUNTY, Proof of Publication PENNSYLVANIA DOCKET,1,40:11-3920 Civil Under Act No. 587, Approved May 16, 1929 PUBLICATION OFACTIONS AT Commonwealth of Pennsylvania, County of Dauphin} ss LAW TO: CHARLES B. EWING You are notified that the Plaintiff, e Metro Bank, t/k/a Commerce sworn according to law, deposes and says: Bank/Harrisburg, N.A., has commenced ! a an ction In' Mortgage: Foreclosure , I agai nst ;You- entered to 11-3" In -the Court bf Common Pleas,) CumberWiW . ountant of The Patriot News Co., a corporation organized and existing under the laws of the 9 County, Pennsylvania, which You are i ia, with its principal office and place of business at 2020 Technology Pkwy Suite 300 in the requ red to defend. By: Ronny R; Anderson t , , y of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday 05r io beneral circulation, printed and published at 1900 Patriot Drive, in the City, County and State 13: 17 °sl M 1 ws and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, = YlOr Plaintiff: X0 %n continuously published ever since; D 11 o, 85869 nEck, Esquire ;e or publication which is securely attached hereto is exactly as printed and published in their regular Mette, Evans & Woodside, 3401 North Front Street inity Weekly editions which appeared on the date(s) indicated below. That neither she nor said P. Box 59 a g PA 17110-0950 subject matter of said printed notice or advertising, and that all of the allegations of this statement as Telephone: (717) 232-5000 :tef of publication are true; and METRO BANK, tswa--cv BaPnk/I?'TMrribarg N.A. 1al knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on V. ' ` ;o. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the CHARLES B. Ewing Defendant rectors of the said Company and subsequently duly recorded in the office for the Recording of Deeds IN THE COURT OF COMMON PLEAS iphin in Miscellaneous Book "M", Volume 14, Page 317. OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 11-3920 Civil his ad If 00021589 ran th d t h b on e a es s own a ow. NOTICE July HAVE BEEN SUED IN COURT. 29, 2011 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 :prrancZrsonallY or by attorney and f}Ilnq In writing with the Court your defenses'or oblecflons to the claims set Sworn to and drib efore me this 4 days AU u t, 2011 A.D. forth against You. Yoy are warned that If You failed to do so the case ,may proceed ,.without You and a Judgment / may be entetedl a"nsh=you by the Court `/!! without. f -in the the COMPl any money claimed in Complaint int or for any other clalm or relief requested, by the Notary Public Plalhtlff. You may lase 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 COMMONWEALTH OF PENNSYLVANIA ,TO OR TELEPHONE THE OFFICE, SET FORTH BELOW. THIS OFFICE Notarial Seal CAN PROVIDE YOU WITH Sherrie L. KlSner, Notary Public INFORMATION ABOUT HIRING A LAWYER. Lower Paxton TWp., Dauphin County IF,YOU CANNOT AFFORD TO HIRE My COMMISSIm FyNreb NOV 2s 1) . , A LAWYER, THIS OFFICE ABLE TO PROVIDE ',Y 7:'AY WITHBE Member, Pennsylvania Association of Notaries INFORMATION ABOUT AAAAIIIIGENCIESi THAT MAY OFFER 'LEGAU' SERVICES TO ELIGIBLE' PERSONS AT A REDUCED FEE OR Np FEE. CUMBERLAND `000 BAR ASSOCIATION 312'SO?TN'BED4,0RQ SYREET ARLISL??PA 170 3 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designat:;d by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz July 29, 2011 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. - -'? -)L- ?2 -? Lis Marie Coyne, Editor SWORN TO AND SUBSCRIBED before me this 29 day of July,_2011 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 CUMBERLAND LAW JOURNAL NOTICE In the Court of Common Pleas of Cumberland County, Pennsylvania DOCKET NO: 11-3920 Civil METRO BANK f/k/a Commerce Bank/ Harrisburg, N.A. Plaintiff CHARLES B. EWING, Defendant PUBLICATION OF ACTIONS AT LAW TO: CHARLES EWING You are notified that the Plaintiff, Metro Bank f/k/a Commerce Bank/ Harrisburg, N.A., has commenced an action in Mortgage Foreclosure against you entered to 11-3920 in the Court of Common Pleas, Cumberland County, Pennsylvania, which are you are required to defend. By:/s/Ronny R. Anderson Sheriff, Cumberland County One Courthouse Square Carlisle, PA 17013 (717) 240-6390 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 RE- DUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 1-800-990-9108 (717) 249-3166 MELISSA L. VAN ECK, ESQUIRE I.D. No. 85869 METTE, EVANS & WOODSIDE Attorneys for Plaintiff 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Telephone: (717) 232-5000 July 29 - ii Pi. a, i Melissa L. Van Eck, Esquire Sup. Ct. I.D. No. 85869 Heather Z. Kelly, Esquire Sup. Ct. I.D. No. 86291 METTE, EVANS & WOODSIDE 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Phone: (717) 232-5000 Fax: (717) 236-1816 mlvaneck@mette.com Attorneys for Plaintiff METRO BANK, f/k/a COMMERCE BANK/HARRISBURG, N.A., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 11-3920 Civil V. CHARLES B. EWING, Defendant PROOF OF SERVICE OF ENTRY OF JUDGMENT VIA PUBLICATION I, Melissa L. Van Eck, Esquire, hereby certify that on September 19, 2011 and September 23, 2011, pursuant to Court Order dated June 29, 2011, I caused to have served, via publication, a true and correct copy of an Entry of Judgment in the above-captioned matter on the Defendant, Charles B. Ewing by publishing same in the Cumberland Law Journal and Patriot News. A true and correct copy of this Honorable Court's Order dated June 29, 2011 is attached hereto as 543782vl Exhibit "A". Proofs of Publication from the Cumberland Law Journal dated September 23, 2011 and Patriot News dated September 19, 2011 are collectively attached hereto as Exhibit "B". Respectfully submitted: METTE, EVANS & WOODSIDE By: Melissa L. Van Eck, squire Sup. Court I.D. No. 85869 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 - Phone Date: October 12, 2011 Attorneys for Plaintiff x - 3 < 1, METRO BANK, f/k/a Commerce IN THE COURT OF COMMON PLEAS OF Bank/Harrisburg, N.A., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. DOCKET NO: 11-3920 Civil CHARLES B. EWING, Defendant ORDER AND NOW, this 29 day of a4iije , 2011, upon consideration of the Motion of Metro Bank, f/k/a Commerce Bank/Harrisburg, N.A., for Special Order Directing Alternative Method of Service of Complaint in Mortgage Foreclosure by posting and publication pursuant to Pa.R.C.P 430(a), and it appearing that the relief requested therein is appropriate, it is hereby: ORDERED that Defendant, Charles B. Ewing, may be served by posting a copy of Plaintiffs civil action on the real property located at 137 Blacksmith Road, Camp Hill, PA 17011, and by publishing a copy of same in the Cumberland Law Journal and Patriot News; and it is FURTHER ORDERED that all further notices requiring personal service in the above-captioned matter, including but not limited to, Ten Day Notice, Judgment Documents, and Notice of Sheriff s Sale, if any, shall be served upon Defendant, Charles B. Ewing, in the manner prescribed by this order. BY THE COURT: J. Distribution: Melissa L. Van Eck, Esquire 3401 North Front Street, Harrisburg, PA 17110 7 539904v1 E) PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1.929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law .Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law ,Journal on the following dates, Viz September 23, 2011 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. ?Y' Ji6 Marie Coyn , Editor SWORN TO AND SUBSCRIBED before me this 23 day of September, 2011 Notary CUMBERLAND LAW JOURNAL NOTICE In the Court of Common Pleas of Cumberland County, Pennsylvania NO. 11-3920 Civil METRO BANK f/k/a COMMERCE BANK/ HARRISBURG, N.A., Plaintiff V. CHARLES B. EWING, Defendant ENTRY OF JUDGMENT You are hereby notified pursuant to Rule 236 of the Pennsylvania Rules of Civil Procedure that Judgment has been entered against you in the amount of $18,982.16 for Plaintiff, Metro Bank f/k/a Commerce Bank/ Harrisburg, N.A. and against Defen- dant, Charles B. Ewing together with interest, attorney's fees, costs and expenses from the date of judgment until paid in full. Sept. 23 The Patriot-News Co. 2020 Technology Pkwy ,Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 MID-ATLANTIC NEWSPAPER SERV 3899 NORTH FRONT ST HARRISBURG PA 17110 OtPatriot-Nevus Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Holly Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY METRO BANK, f/k/a COMMERCE BANK/HARRISBURG, NA., Plaintiff V. CHARLES B. EWING, Defendant IN THE COURT OF COMMON Pt;gS Of CUMBERLAND COUNTY, PENN. SYLVANIA No. 11-3M civil ENTRY OF,fu?T You art JW*oy ed pursuant to Rule 231 Of the, Pem4ytvonlo Rube of Civil ProCtddf "W Jutltiment has been entered ageifeet you In the amount of $ l&982.16 of PLalntiff, Metro Bank, f/k/a Commerce Bank=09=, N.A. and against DeferldgnEwing to gather with Interest, attorney's fees, costs and expenses from the dole of ludgmenf until Paid in full. ? This ad # Sworn to and I OOQ268979 ran on the dates shown below: before me this (?3 d94 of i Notary Public September 19, 2011 , 2011 A. D. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 11-3920 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due METRO BANK, F/K/A COMMERCE BANK/HARRISBURG, N.A. Plaintiff (s) From CHARLES B. EWING (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $18,982.16 L.L.: $.50 Interest from (9/8/11 Date of Judgment) through 3/7/12 (date of Sale) -- $249.78 Atty's Comm: % Due Prothy: $2.00 Atty Paid: $229.38 Other Costs: ATTORNEY FEES AND COSTS $5,053.26 Plaintiff Paid: Date: 11/30/2011 David D. ell, Prothono (Seal) By: Deputy REQUESTING PARTY: Name: MELISSA L. VAN ECK, ESQUIRE Address: METTE, EVANS & WOODSIDE 3401 NORTH FRONT STREET P.O. BOX 5950 HARRISBURG, PA 17110-0950 Attorney for: PLAINTIFF Telephone: 717-232-5000 Supreme Court ID No. 85869 1311 NOV 30 PM METTE, EVANS & WOODSIDE Melissa L. Van Eck, Esquire Sup. Ct. ID No. 85869 Heather Z. Kelly, Esquire Sup. Ct. ID No. 86291 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 (717) 236-1816 (fax) mlvaneck@mette.com Attorneys for Plaintiff METRO BANK, f/k/a COMMERCE BANK/HARRISBURG, N.A., Plaintiff V. CHARLES B. EWING, Defendant ruMBERLAND GO"' REMMSYLVAN'A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 11-3920 CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE PRAECIPE FOR WRIT OF EXECUTION (Mortgage Foreclosure) To the Prothonotary: Issue writ of execution in the above matter: Amount Due (Judgment Amount) $18,982.16 Interest from (9/8/11 date of judgment) through 3/7/12 (date of sale): 249.78 Attorneys Fees and Costs (3/16/11-11/1/11) $5,053.26 (Costs to be added) $ 3-7. (4Y C Ny • 1q. 00 a 544620vi ?v.oz) .39 ?d a METTE, EVANS & WOODSIDE Melissa L. Van Eck, Esquire Ck..l# lo3sCn ? LV, 71„7gu? VV'?? ?lJ (?- J??w Sup. Ct. I.D. No. 85869 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 (717) 236-1816 (fax) Attorneys for Plaintiff Date: November 30, 2011 r- PR0,T1x^°! t (INOV30 PM 4:C7 CUMBERLAND "OUN-1 PENNSYLVAN-1A METTE, EVANS & WOODSIDE Melissa L. Van Eck, Esquire Sup. Ct. ID No. 85869 Heather Z. Kelly, Esquire Sup. Ct. ID No. 86291 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 (717) 236-1816 (fax) mlvaneck@mette.com Attorneys for Plaintiff METRO BANK, f/k/a COMMERCE IN THE COURT OF COMMON PLEAS OF BANK/HARRISBURG, N.A., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff DOCKET NO. 11-3920 V. CIVIL ACTION - LAW CHARLES B. EWING, Defendant IN MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 Metro Bank f/k/a Commerce Bank/Harrisburg, N.A. sets forth as of the date the Praecipe for Issuance of the Writ of Execution was filed the following information concerning the real property located at 137 Blacksmith Road, Lower Allen Township, Camp Hill, Cumberland County, Pennsylvania (Parcel No. 13-25-0010-174), as more particularly described on Exhibit "A" attached hereto: I . Name and address of owner or reputed owner(s): Charles B. Ewing (deceased) 2. Name and address of the Defendant(s) in the judgment: Charles B. Ewing (deceased) 823 S. Cameron Street Harrisburg, PA 17104 (Last Known Address) 3. The name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: (a) Metro Bank f/k/a Commerce Bank/Harrisburg, N.A. 3801 Paxton Street Harrisburg, PA 17111 (No. 2011-3920) (b) Lower Allen Township Authority 120 Limekiln Road New Cumberland, PA 17070 (No. 2009-5083 MD) (c) Lower Allen Township 2233 Gettysburg Rd. Camp Hill, PA 17011 (No. 2011-36040 4. The name and address of the last recorded holder of every mortgage of record: (a) Metro Bank f/k/a Commerce Bank/Harrisburg, N.A. 3801 Paxton Street Harrisburg, PA 17111 5. The name and address of every other person who has any record lien on the property: None found. 6. The name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: None found. 7. The name and address of every other person of whom the plaintiff has any knowledge who has any interest in the property which may be affected by the sale: (a) Charles D. Ewing 135 Pin Oak Drive New Cumberland, PA 17070 (b) Donna M. Ewing 135 Pin Oak Drive New Cumberland, PA 17070 (c) Kelly Ewing Abramson 8301 Arbor Creek Lane McKinney, TX 75070 (d) Shandra Ewing 5500 Gloucester St., Unit C Mechanicsburg, PA 17055 I verify that the statements made in this affidavit are true and correct to the best of my information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unworn falsification to authorities. Melissa L Van Eck, Esquire Attorney for Plaintiff Dated: November 30, 2011 A EXHIBIT "A" LEGAL DESCRIPTION Tax Parcel No. 13-25-0010-174 ALL THAT CERTAIN parcel known as Lot 25, Section B, Allendale, Lower Allen Township, Cumberland County, Pennsylvania, said Plan recorded in Cumberland County Recorder's Office in Plan Book 27, Page 100, bounded and described in accordance with said Plan as follows: BEGINNING at a point on the eastern right of way line of Blacksmith Road, a 50 foot right of way, said point being located and referenced a distance of 889.26 feet in a southeasterly direction along the eastern right of way line of Blacksmith Road from the southeast corner of the right of way line of Fieldstone Road (erroneously designed as Chimney Lane on the aforementioned Plan) a 50 foot right of way; thence along Lot No. 26 North 50 degrees 57 minutes 08 seconds East 100 feet to a point; then South 39 degrees 02 minutes 52 seconds East 100 feet to a point at the northeast corner of Lot No. 24; thence by said Lot No. 24 South 50 degrees 57 minutes 08 second West 100 feet to a point on the eastern right of way line of Blacksmith Road; then along the same North 39 degrees 02 minutes 52 seconds West 100 feet to a point and place of BEGINNING. HAVING thereon dwelling house known as 137 Blacksmith Road. i 2.1 30 PM Ci I G.U ?Ul?i$CR SY?VA?a 1?. ? ' METRO BANK, f/k/a COMMERCE BANKMARRISBURG, N.A., Plaintiff V. CHARLES B. EWING, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 11-3920 CIVIL ACTION - LAW : IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE RULE 3129.2 TAKE NOTICE: That the Sheriff's Sale of Real Property (real estate) will be held: DATE: WEDNESDAY, MARCH 7, 2012 TIME: 10:00 a.m. Eastern Time LOCATION: Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 THE PROPERTY TO BE SOLD, is delineated in detail in legal descriptions mainly consisting of a statement of the measured boundaries of the property. (SEE METES AND BOUNDS DESCRIPTION ATTACHED HERETO AT EXHIBIT "A") This property has been improved by buildings and certain other improvements. THE LOCATION of the property to be sold is: 137 Blacksmith Road, Lower Allen Township, Camp Hill, Cumberland County, Pennsylvania (Parcel No. 13-25-0010-174) THE JUDGMENT under or pursuant to which the properties are being sold is docketed to: No. 2011-3920 THE NAME OF THE OWNER OR REPUTED OWNER OF THIS PROPERTY IS: Charles B. Ewing (deceased) A SCHEDULE OF DISTRIBUTION, being a list of persons, and/or governmental or corporation entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages or municipalities that are owed taxes) will be filed on a date specified by the Sheriff not later than thirty (30) days after the sale and distribution of the proceeds of sale in accordance with the Schedule that will be made unless exceptions are filed thereto within ten (10) days after the filing of the Schedule. Information about the Schedule of Distribution may be obtained from the Sheriff of Cumberland County, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a Judgment against you. It may cause your property to be held, to be sold or to be taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Cumberland County Lawyer Referral Service 32 South Bedford Street Carlisle, PA 17013 1-800-990-9108 - (717)-249-3166 The legal rights you may have are: 1. You may file a petition with the Court of Common Pleas of Cumberland County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure against you. 2. After the Sheriff's Sale you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriff's Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County. The petition must be served on the attorney for the creditor or on the creditor before representation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, 1 Courthouse Square, Carlisle, PA, before the presentation of the petition to the Court. 4. A copy of the Writ of Execution is attached hereto at Exhibit "B " SHERIFF OF CUMBERLAND COUNTY ?X ? ?? ?? EXHIBIT "A" LEGAL DESCRIPTION Tax Parcel No. 13-25-0010-174 ALL THAT CERTAIN parcel known as Lot 25, Section B, Allendale, Lower Allen Township, Cumberland County, Pennsylvania, said Plan recorded in Cumberland County Recorder's Office in Plan Book 27, Page 100, bounded and described in accordance with said Plan as follows: BEGINNING at a point on the eastern right of way line of Blacksmith Road, a 50 foot right of way, said point being located and referenced a distance of 889.26 feet in a southeasterly direction along the eastern right of way line of Blacksmith Road from the southeast corner of the right of way line of Fieldstone Road (erroneously designed as Chimney Lane on the aforementioned Plan) a 50 foot right of way; thence along Lot No. 26 North 50 degrees 57 minutes 08 seconds East 100 feet to a point; then South 39 degrees 02 minutes 52 seconds East 100 feet to a point at the northeast corner of Lot No. 24; thence by said Lot No. 24 South 50 degrees 57 minutes 08 second West 100 feet to a point on the eastern right of way line of Blacksmith Road; then along the same North 39 degrees 02 minutes 52 seconds West 100 feet to a point and place of BEGINNING. HAVING thereon dwelling house known as 137 Blacksmith Road. Mette, Evans and Woodside Melissa L. Van Eck, Esquire Sup. Ct. ID No. 85869 Heather Z. Kelly, Esquire Sup. Ct. ID No. 86291 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110 (717)232-5000 (717) 236-1816 (fax) mlvanecka,mette.com Attorneys for Plaintiff METRO BANK, f/k/a COMMERCE BANK/HARRISBURG, N.A., Plaintiff, v. CHARLES B. EWING, Defendant. A 21 yj IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO.: 11-3920 TO THE PROTHONOTARY: PRAECIPE TO SATISFY Kindly mark the judgment in the above-captioned matter settled, satisfied and ended with prejudice. Date: June 20, 2012 By: Melissa L. Van ck, Esquire Sup. Ct. ID No. 85869 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110 Attorney for Plaintiff cltAt 569962v1 C" Atk a'? -7 o3S SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff r' r L?rti'tu at :airr?p?,? ' '-?j? ?";?.a ? i i?ll.. e,? •.', Jody S Smith Chief Deputy L`? '2 AN fit: j Richard W Stewart Solicitor GU1 3CflU Chi' Metro Bank F/K/A Commerce Bank/Harrisburg N.A. Case Numbe vs. Charles B. Ewing 2011-3920 SHERIFF'S RETURN OF SERVICE 01/05/2012 06:49 PM - Deputy Shawn Gutshall, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled actin , upon the property located at 137 Blacksmith Road, Camp Hill, Cumberland County, PA 17011. 01/05/2012 06:49 PM - Deputy Shawn Gutshall, being duly sworn according to law, served the requested Real Es ate Writ, Notice and Description, in the above titled action, upon the within named Defendant, to wit: Charles B. Ewing, pursuant to Order of Court by "Posting" the premises located at 137 Blacksmith Road, Lower Allen Township, Camp Hill, Cumberland County, PA 17011, with a true and correct copy according to w. 01/30/2012 Affidavit of Service to Lienholders Filed in Sheriffs Office 03/06/2012 As directed by Melissa L Van Eck, Attorney for the Plaintiff, Sheriff's Sale Continued to 6/6/2012 06/05/2012 As directed by Melissa L Van Eck, Attorney for the Plaintiff, Sheriffs Sale Continued to 7/11/2012 06/26/2012 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed' , per letter of instruction from Attorney. SHERIFF COST: $4,232.18 August 01, 2012 SO ANSWERS, !? • C? R ANDERSON, SHERIFF a.6-.? ybr { Co , ;L (c) Coun!ySuite -Sheriff METTE, EVANS & WOODSIDE Melissa L. Van Eck, Esquire Sup. Ct. ID No. 85869 Heather Z. Kelly, Esquire Sup. Ct. ID No. 86291 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 (717) 236-1816 (fax) mlvaneck@mette.com Attorneys for Plaintiff METRO BANK, f/k/a COMMERCE IN THE COURT OF COMMON PLEAS OF BANK/HARRISBURG, N.A., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff DOCKET NO. 11-3920 V. CIVIL ACTION - LAW CHARLES B. EWING, Defendant IN MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 Metro Bank f/k/a Commerce Bank/Harrisburg, N.A. sets forth as of the date the for Issuance of the Writ of Execution was filed the following information concerning the real property located at 137 Blacksmith Road, Lower Allen Township, Camp Hill, Cumberland County, Pennsylvania (Parcel No. 13-25-0010-174), as more particularly described on Exhibit "A" attached hereto: 1. Name and address of owner or reputed owner(s): Charles B. Ewing (deceased) 2. Name and address of the Defendant(s) in the judgment: Charles B. Ewing (deceased) 823 S. Cameron Street Harrisburg, PA 17104 (Last Known Address) 3. The name and address of every judgment creditor whose judgment is a record li on the real property to be sold: (a) Metro Bank f/k/a Commerce Bank/Harrisburg, N.A. 3801 Paxton Street Harrisburg, PA 17111 (No. 2011-3920) (b) Lower Allen Township Authority 120 Limekiln Road New Cumberland, PA 17070 (No. 2009-5083 MD) (c) Lower Allen Township 2233 Gettysburg Rd. Camp Hill, PA 17011 (No. 2011-36040 4. The name and address of the last recorded holder of every mortgage of record: (a) Metro Bank f/k/a Commerce Bank/Harrisburg, N.A. 3801 Paxton Street Harrisburg, PA 17111 5. The name and address of every other person who has any record lien on the property: None found. 6. The name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: EXHIBIT "A" LEGAL DESCRIPTION Tax Parcel No. 13-25-0010-174 ALL THAT CERTAIN parcel known as Lot 25, Section B, Allendale, Lower Allen Township, Cumberland County, Pennsylvania, said Plan recorded in Cumberland County Recorder's Office in Plan Book 27, Page 100, bounded and described in accordance with said Plan as follows: BEGINNING at a point on the eastern right of way line of Blacksmith Road, a 50 foot right of way, said point being located and referenced a distance of 889.26 feet in a southeasterly direction along the eastern right of way line of Blacksmith Road from the southeast corner of the right of way line of Fieldstone Road (erroneously designed as Chimney Lane on the aforementioned Plan) a 50 foot right of way; thence along Lot No. 26 North 50 degrees 57 minutes 08 seconds East 100 feet to a point; then South 39 degrees 02 minutes 52 seconds East 100 feet to a point at the northeast corner of Lot No. 24; thence by said Lot No. 24 South 50 degrees 57 minutes 08 second West 100 feet to a point on the eastern right of way line of Blacksmith Road; then along the same North 39 degrees 02 minutes 52 seconds West 100 feet to a point and place of BEGINNING. HAVING thereon dwelling house known as 137 Blacksmith Road. METRO BANK, f/k/a COMMERCE BANK/HARRISBURG, N.A., Plaintiff V. CHARLES B. EWING, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 11-3920 CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE RULE 3129.2 TAKE NOTICE: That the Sheriff s Sale of Real Property (real estate) will be held: DATE: WEDNESDAY, MARCH 7, 2012 TIME: 10:00 a.m. Eastern Time LOCATION: Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 THE PROPERTY TO BE SOLD, is delineated in detail in legal descriptions mainly consisting of a statement of the measured boundaries of the property. (SEE METES BOUNDS DESCRIPTION ATTACHED HERETO AT EXHIBIT "A") This property has been improved by buildings and certain other improvements. THE LOCATION of the property to be sold is: 137 Blacksmith Road, Lower Allen Township, Camp Hill, Cumberland County, Pennsylvania (Parcel No. 13-25-0010-174) THE JUDGMENT under or pursuant to which the properties are being sold is docketed to: No. 2011-3920 THE NAME OF THE OWNER OR REPUTED OWNER OF THIS PROPER IS: Charles B. Ewing (deceased) A SCHEDULE OF DISTRIBUTION, being a list of persons, and/or governmental or corporation entities or agencies being entitled to receive part of the proceeds c the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages 4 municipalities that are owed taxes) will be filed on a date specified by the Sheriff not later than thirty (30) days after the sale and distribution of the proceeds of sale in accordance with the Schedule that will be made unless exceptions are filed thereto within ten (10) days after the filii of the Schedule. Information about the Schedule of Distribution may be obtained from the Sheriff of Cumberland County, Cumberland County Courthouse, 1 Courthouse Square, Carlisle Pennsylvania 17013. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a Judgment against you. It may cause your property to be held, to be sold or to be taken to pay the Judgment. You may have legal rights prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO I OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Cumberland County Lawyer Referral Service 32 South Bedford Street Carlisle, PA 17013 1-800-990-9108 - (717)-249-3166 The legal rights you may have are: 1. You may file a petition with the Court of Common Pleas of Cumberland County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure against you. 2. After the Sheriffs Sale you may file a petition with the Court of Cor Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriffs Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County. The petition must be served on the attorney for the creditor or on the creditor before representation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, 1 Courthouse Square, Carlisle, PA, before the presentation of the petition to the Court. 4. A copy of the Writ of Execution is attached hereto at Exhibit B " SHERIFF OF CUMBERLAND COUNTY WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OP PENNSYLVANIA) COUNTY OF CUMBERLAND) L.L.: $.50 TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due METRO BANK, F/K/A COMMERCE BANK/HARRISBURG, N.A. Plaintiff (s) From CHARLES B. EWING (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $18,982.16 Interest from (9/8/11 Date of Judgment) through 3/7/12 (date of Sale) -- $249.78 Atty's Comm: % Due Prothy: $2.00 Atty Paid: $229.38 $5,053.26 Plaintiff Paid: Date: 11/30/2011 (Seal) REQUESTING PARTY: Name: MELISSA L. VAN ECK, ESQUIRE Address: METTE, EVANS & WOODSIDE 3401 NORTH FRONT STREET P.O. BOX 5950 HARRISBURG, PA 17110-0950 Attorney for: PLAINTIFF Telephone: 717-232-5000 Other Costs: ATTORNEY FEES AND COSTS David D. Buell, NO 11-3920 Civil CIVIL ACTION - LAW Deputy TRUE COPY FROM RECORD In Testimony whereof, 1 here unto set my hanc and the seai of said Court at Carlisle, Pa. . This ---? day of --, 2011 L?p? ?Pr?othonotary -bf Supreme Court ID No. 85869 On December 14, 2011 the Sheriff levied upon the defendant's interest in the real property situated in Lower Allen Township, Cumberland County, PA, Known and numbered as, 13 7 Blacksmith Road, Camp Hill, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date December 14, 2011 By: &0-" t? Real Estate Coordinator CUMBERLAND LAW JOURNAL Writ No. 2011-3920 Civil Term Metro Bank, f/k/a Commerce Bank/Harrisburg, N.A. vs. Charles B. Ewing Atty.: Melissa L. Van Eck ALL THAT CERTAIN parcel known as Lot 25, Section B, Allendale, Lower Allen Township, Cumberland County, Pennsylvania, said Plan recorded in Cumberland County Recorder's Office in Plan Book 27, Page 100, bounded and described in accordance with said Plan as follows: BEGINNING at a point on the east- ern right of way line of Blacksmith Road, a 50 foot right of way, said point being located and referenced a distance of 889.26 feet in a south- easterly direction along the eastern right of way line of Blacksmith Road from the southeast corner of the right of way line of Fieldstone Road (erroneously designed as Chimney Lane on the aforementioned Plan) a 50 foot right of way; thence along Lot No. 26 North 50 degrees 57 minutes 08 seconds East 100 feet to a point; then South 39 degrees 02 minutes 52 seconds East 100 feet to a point at the northeast corner of Lot No. 24; thence by said Lot No. 24 South 50 degrees 57 minutes 08 second West 100 feet to a point on the eastern right of way line of Blacksmith Road; then along the same North 39 degrees 02 minutes 52 seconds West 100 feet to a point and place of BEGINNING. HAVING thereon dwelling house known as 137 Blacksmith Road. 37 r PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County an State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland La Journal, a legal periodical published in the Borough of Carlisle in the County and State afores? was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularl issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, 27, February 3, and February 10, 2012 Affiant further deposes that he is authorized to verify this statement by the Cumberla Law Journal, a legal periodical of general circulation, and that he is not interested in the subj matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. V, Marie Coyne, SWOR"O AND SUBSCRIBED before me this 0 da of Februar 2012 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public Fmy E BOROUGH, CUMBERLAND COUNTY ommissi on Expires Apr 28, 2014 i r The Patriot-News Co. 0 "'r Qw,S . e atr*1 2020 Technology Pkwy . know Suite 300 Now You Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss deposes and says: Holly Blain, being duly sworn according to law, That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under t to law Sue 30C Commonwealth of Pennsylvania, with its principal office and place of business at 2020 State of Pennsylvania, owner and publisher ?of The Pat of-News an City County an( Township of Hampden, County of Cumb lished 19 Patriot-News newspapers of general circulatiprbwere est PhedaMarctriot and September aforesaid; that The Patriot-News and The Sunday Patriot-News respectively, and all have been continuously published ever since; ished That the printed notice or publication which is h appeared urlaon the date(s) ind sated beloweThaa ether she daily and/or Sunday/ Community Weekly editions which Company is interested in the subject matter of said p intaed notice or advertising, and that all of the allegations of th to the time, place and character of publication are true; empowe to veri That she has personal knowledge of the facts af to a resolutiont aunnimously passedrand adopted behalf of The Patriot-News Co. aforesaid by virtue and pursuant Book and subsequently duly 317 rded in the office for the eci stockholders and board of directors of the said Company in and for said County of Dauphin in Miscellaneous Volume 14, Page . PUBLICATION COPY ...... X.V...... Sworn to4no subscribed This ad ran on the date(s) shown Notary Public February, 2012 A.D. COMMMWEALTti OF PMMNMVANIA Notarial Seal Sherrie L. Owens, Notary Lower P?^?.,Dauphin qty Emy Conn"on Nov. 26, 2015 MEMBER. PElOISYLVANIA ASSOM71ON OF NOTARIES of the in the The Sunday State 18th, 1949, i their regular nor said statement as statement on verally by the ling of Deeds 01127112 02/03112 02110112 2011-3920 Civil Term Metro Bank, t/k/a Commerce Bank/Harrisburg, N.A. VS Charles B. Ewing Atty. Melissa L. Van Eck ALL IIIAF CERTAIN parcel known as Lot 25. Section B, Allendale, Lower Allen Township, Cumberland County, Pennsylvania, said Plan recorded in Cumberland County Recorder's Office in Plan Book 27, Page 100, bounded and described in accordance with said Plan ab follows: BEGINNING at a point on the eastern right of way line of Blacksmith Road, a 50 font right of way, said point being located and referenced a distance of 889.26 feet in a southeasterly direction along the eastern ht of wav line of Blacksmith Road from e southeast corner of the right of way line Fieldstone Road (erroneously designed Chimney Lane on the aforementioned Plan) a 50 foot right of way; thence along Lot No. 26 North 50 degrees 57 minutes Ok seconds East 100 feet to a point; then South 39 degrees 02 minutes 52 seconds East 1110 feet to a point at the northeast corner of Lot No. 24; thence by said Lot No. 24 mth 50 degrees 57 minutes 08 second est 100 feet to a point on the eastern right nay line of Blacksmith Road; then along same North 39 degrees 02 minutes 52 seconds West 100 feet to a point and place of BEGINNING. I WVING thereon dwelling house known a, 13713Iacksmith Road.