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Home My WebLink About12-0625IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA METRO BANK f/k/a CIVIL DIVISION rmm Commerce Bank/Harrisburg, N.A., n : I02" &as C?V? Ief°1" M NO cr) s rd -n x--I =,... Plaintiff, . } vs. --? v, TYPE OF PLEADING DANIEL L. SCHUBERT, CIVIL ACTION - COMPLAINT ?- IN MORTGAGE FORECLOSURE Defendant. FILED ON BEHALF OF: Metro Bank f/k/a Commerce Bank/Harrisburg, N.A. Plaintiff TO: DEFENDANT(s) YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A DEFAULT JUDGMENT MAY BE ENTERED , T YOU. ATTOR FOR PLAINTIFF I HEREBY CERTIFY THAT THE ADDRESS OF THE PLAINTIFF IS: 3801 Paxton Stree Harrisburg, PA 17 1) AND THE DEFENDANT(S): 4187 1h Street New Cumberl A 17070 111'77 ATT FO PLAINTIFF CERTIFICATE OF LOCATION I HEREBY CERTIFY THAT THE LOCATION OF THE REAL ESTATE ECTED BY THIS LIEN IS 418 71h Street, N C berland, PA 17070 ATT E FOR PI,A IFF t- COUNSEL OF RECORD FOR THIS PARTY: Scott A. Dietterick, Esquire Pa. I.D. #55650 Kimberly A. Bonner, Esquire Pa. I.D. #89705 Ralph M. Salvia, Esquire Pa. I.D. #202946 JAMES, SMITH, DIETTERICK & CONNELLY LLP P.O. BOX 650 Hershey, PA 17033 (717) 533-3280 4103.15 PD fl7'ry C41OW07 as a?65111 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. §1692 ET SEQ. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF, IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA METRO BANK f/k/a CIVIL DIVISION Commerce Bank/Harrisburg, N.A., Plaintiff, VS. DANIEL L. SCHUBERT, Defendant. NO.. NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claim 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 INFOMRATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (717) 249-3166 (800) 990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA METRO BANK Fk/a CIVIL DIVISION Commerce Bank/Harrisburg, N.A., Plaintiff, vs. DANIEL I:. SCHUBERT, Defendant. NO.. AVISO USTED HA SIDO DEMONDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro do los proximos veinte (20) dial despues de la notifacacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comperencencia escrita y redicanco en la Courte por escrito sus defensas de, y objecciones a, los demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion Como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero O propieded u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABAGADO IMMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A UNO, LLAME A VAYA A LA SIGUEINTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (717) 249-3166 (800) 990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA METRO BANK f/k/a CIVIL DIVISION Commerce Bank/Harrisburg, N.A., Plaintiff, NO.: vs. DANIEL L. SCHUBERT, Defendant. CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE And now comes Metro Bank f%k/a Commerce Bank/Harrisburg, N.A., by its attorneys, James, Smith, Dietterick & Connelly LLP, and files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff is Metro Bank f/k/a Commerce Bank/Harrisburg, N.A., which has its principal place of business at 3801 Paxton Street, Harrisburg, Pennsylvania 17111. 2. The Defendant, Daniel L. Schubert, is an adult individual whose last known address is 418 7th Street, New Cumberland, Pennsylvania 17070. 3. On or about May 12, 2006, Defendant executed a Promissory Note ("Note") in favor of Plaintiff in the original principal amount of $70,000.00. A true and correct copy of said Note is marked Exhibit "A", attached hereto and made a part hereof. 4. On or about May 12, 2006, as security for payment of the aforesaid Note, Defendant made, executed and delivered to Plaintiff a Mortgage in the original principal amount of $70,000.00 on the premises hereinafter described, with said Mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County. A true and correct copy of said Mortgage containing a description of the premises subject to said Mortgage is marked Exhibit "B", attached hereto and made a part hereof. 5. Defendant is the record and real owner of the aforesaid mortgaged premises. 6. Defendant is in default under the terms of the aforesaid Mortgage and Note for, inter alia, failure to pay the monthly installments of principal and interest when due. 7. On or December 21, 2011, Defendant was mailed a Notice of Intention to Foreclose Mortgage in compliance with Act 6 of 1974, 41 P. S. §101, et seq. A true and correct copy of said Notice is marked Exhibit "C", attached hereto and made a part hereof. 8. The amount due and owing Plaintiff by Defendant is as follows: Principal $ 52,928.31 Interest through 1/27/2012 $ 708.81 Late Charges $ 94.35 Unpaid Loan Fees $ 50.50 Attorney's Fees $ 1,300.00 Title Costs $ 410.00 TOTAL $ 55,491.97 plus interest on the principal sum ($52,928.31) from January 27, 2012, at the rate of $10.10 per diem, plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount due of $55,491.97, with interest thereon at the rate of $10.10 per diem from January 27, 2012 plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. JAMES, SMITH, DIET CK & CONNELLY LLP Dated: ?3 BY: kA- Scott A. Dietterick, Esquire PA I.D. # 55650 Kimberly A. Bonner, Esquire PA I.D. #89705 Ralph M. Salvia, Esquire PA I.D. #202946 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. EXHIBIT "A" PROMISSORY NOTE r n, v ?o? Principal Loan Date Mawf ity ` Loan No cal i coil cco nt ficer Initials $70,000:00 05-12-2006 05-17-2021 400213693 1001 References in the shaded area are for Lender's use only and do not limit the applicability of this document to any particular loan or item. Any item above containing "' • * " has been omitted due to text length limitations. Borrower: Daniel L. Schubert (SSN: 202-46-6009) 418 7th Street New Cumberland, PA 17070 Lender: COMMERCE BANK/HARRISBURG N.A. CAMP HILL 100 SENATE AVENUE CAMP HILL. PA 17011 (717) 972-2875 Principal Amount: $70,000.00 Interest Rate: 6.990% Date of Note: May 12, 2006 PROMISE TO PAY. I ("Borrower") promise to pay to COMMERCE BANK/HARRISBURG N.A. ("Lender"), or order, in lawful money of the United States of America, the principal amount of Seventy Thousand & 00/100 Dollars ($70,000.00), together with interest at the rate of 6.990% per annum on the unpaid principal balance from May 17, 2006, until paid in full. The interest rate may change under the terms and conditions of the "PREFERRED RATE REDUCTION" section. The interest rate may also change under the terms and conditions of the "INTEREST AFTER DEFAULT" section. Unless waived by Lender, any increase in the interest rate will increase my number of payments. PAYMENT. I will pay this loan in 180 payments of $629.08 each payment. My first payment is due June 17, 2006, and all subsequent payments are due on the same day of each month after that. My final payment will be due on May 17, 2021, and will be for all principal and all accrued interest not yet paid. Payments include principal and interest. Unless otherwise agreed or required by applicable law, payments will be applied first to any accrued unpaid interest; then to principal; then to any unpaid collection costs; and then to any late charges. Interest on this Note is computed on a 365/365 simple interest basis; that is, by applying the ratio of the annual interest rate over the number of days in a year, multiplied by the outstanding principal balance, multiplied by the actual number of days the principal balance is outstanding. I will pay Lender at Lender's address shown above or at such other place as Lender may designate in writing. PREFERRED RATE REDUCTION. The interest rate on this Note includes a preferred rate reduction. Following is a description of the event that would cause the preferred rate reduction to terminate, how the new rate will be determined upon termination of the preferred rate reduction and any rules pertaining to the termination of the rate reduction. Description of Event That Would Cause the Preferred Rate Reduction to Terminate. IF THE AUTOMATIC: PAYMENT IS DISCONTINUED BY THE BORROWER OR THE LENDER. How The New Rate Will Be Determined Upon Termination of the Preferred Reduction. THE INTEREST RATE WILL INCREASE BY ONE-HALF= OF ONE PERCENT (.500%l. Rules. THERE IS AN ADMINISTRATIVE FEE OF $25.00. PREPAYMENT. I may pay without penalty all or a portion of the amount owed earlier than t is due. Early payments will not, unless agreed to by Lender in writing, relieve me of my obligation to continue to make payments under the payment schedule. Rather, early payments will reduce the principal balance due and may result in my making fewer payments. I agree not to send Lender payments marked "paid in full", "without recourse", or similar language. If 1 send such a payment, Lender may accept it without losing any of Lender's rights under this Note, and I will remain obligated to pay any further amount owed to Lender. All written communications concerning disputed amounts, including any check or other payment instrument that indicates that the payment constitutes "payment in full" of the amount owed or that is tendered with other conditions or limitations or as full satisfaction of a disputed amount must be mailed or delivered to: COMMERCE BANK/HARRISBURG N.A., LOAN SERVICING, PO BOX 4999 HARRISBURG, PA 17111-0999. LATE CHARGE. If a payment is 15 days or more late, I will be charged 5.000% of the regularly scheduled payment. INTEREST AFTER DEFAULT. Upon default, including failure to pay upon final maturity, the interest rate on this Note shall be increased by 2.000 percentage points. If judgment is entered in connection with this Note, interest will continue to accrue after the date of judgment at the rate in effect at the time judgment is entered. However, in no event will the interest rate exceed the maximum interest rate limitations under applicable law. DEFAULT. I will be in default under this Note if any of the following happen: Payment Default. I fail to make any payment when due under this Note. Break Other Promises. I break any promise made to Lender or fail to perform promptly at the time and strictly in the manner provided in this Note or in any agreement related to this Note, or in any other agreement or loan I have with Lender. Default in Favor of Third Parties. I or any Grantor defaults under any loan, extension of credit, security agreement, purchase or sales agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of my property or my ability to repay this Note or perform my obligations under this Note or any of the related documents. False Statements. Any representation or statement made or furnished to Lender by me or on my behalf under this Note or the related documents is false or misleading in any material respect, either now or at the time made or furnished. Death or Insolvency. Any Borrower dies or becomes insolvent; a receiver is appointed for any part of my property; I make an assignment for the benefit of creditors; or any proceeding is commenced either by me or against me under any bankruptcy or insolvency laws. Taking of the Property. Any creditor or governmental agency tries to take any of the property or any other of my property in which Lender has a lien. This includes taking of, garnishing of or levying on my accounts with Lender. However, if I dispute in good faith whether the claim on which the taking of the property is based is valid or reasonable, and if I give Lender written notice of the claim and furnish Lender with monies or a surety bond satisfactory to Lender to satisfy the claim, then this default provision will not apply. Defective Collateralization. This Note or any of the related documents ceases to be in full force and effect lincluding failure of any collateral document to create a valid and perfected security interest or lien) at any time and for ary reason. Collateral Damage or Loss. Any collateral securing this Note is lost, stolen, substantially damaged or destroyed and the loss, theft, substantial damage or destruction is not covered by insurance. Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party of any of the irdebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or revokes or disputes the vali tity of, or liability under, any guaranty of the indebtedness evidenced by this Note. In the event of a death, Lender, at its PROMISSORY NOTE Loan No: 400213693 (Continued) Page 2 option, may, but shall not be required to, permit the guarantor's estate to assume unconditionally the obligations arising under the guaranty in a manner satisfactory to Lender, and, in doing so, cure any Event of Default. Insecurity. Lender in good faith believes itself insecure. Cure Provisions. If any default, other than a default in payment is curable and if I have not been given a notice of a breach of the same provision of this Note within the preceding twelve 02) months, it may be cured if I, after receiving written notice from Lender demanding cure of such default: (1) cure the default within fifteen (15) days; or (2) if the cure requires more than fifteen (15) days, immediately initiate steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continue and complete all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. LENDER'S RIGHTS. Upon default, Lender may, after giving such notices as required by applicable law, declare the entire unpaid principal balance under this Note and all accrued unpaid interest immediately due, and then I will pay that amount. ATTORNEYS' FEES; EXPENSES. Lender may hire or pay someone else to help collect this Note if I do not pay. I will pay Lender that amount. This includes, subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit, including attorneys' fees, expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), and appeals. If not prohibited by applicable law, I also will pay any court costs, in addition to all other sums provided by law. GOVERNING LAW. This Note will be governed by federal law applicable to Lender and, to the extent not preempted by federal law, the laws of the Commonwealth of Pennsylvania without regard to its conflicts of law provisions. This Note has been accepted by Lender in the Commonwealth of Pennsylvania. RIGHT OF SETOFF. To the extent permitted by applicable law, Lender reserves a right of setoff in all my accounts with Lender (whether checking, savings, or some other account). This includes all accounts I hold jointly with someone else and all accounts I may open in the future. However, this does not include any IRA or Keogh accounts, or any trust accounts for which setoff would be prohibited by law. 1 authorize Lender, to the extent permitted by applicable law, to charge or setoff all sums owing on the indebtedness against any and all such accounts. COLLATERAL. I acknowledge this Note is secured by 418 7th Street, New Cumberland, New Cumberland Borough, Cumberland County, Pennsylvania. SUCCESSOR INTERESTS. The terms of this Note shall be binding upon me, and upon my heirs, personal representatives, successors and assigns, and shall inure to the benefit of Lender and its successors and assigns. NOTIFY US OF INACCURATE INFORMATION WE REPORT TO CONSUMER REPORTING AGENCIES. Please notify us if we report any inaccurate information about your 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. LOAN SERVICING 3801 PAXTON STREET HARRISBURG, PA 17111. GENERAL PROVISIONS. If any part of this Note cannot be enforced, this fact will not affect the rest of the Note. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them. I and any other person who signs, guarantees or endorses this Note, to the extent allowed by law, waive presentment, demand for payment, and notice of dishonor. Upon any change in the terms of this Note, and unless otherwise expressly stated in writing, no party who signs this Note, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew or extend (repeatedly and for any length of time) this loan or release any party or guarantor or collateral; or impair, fail to realize upon or perfect Lender's security interest in the collateral. All such parties also agree than Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modification is made. The obligations under this Note are joint and several. This means that the words "I", "me", and "my" mean each and all of the persons signing below. PRIOR TO SIGNING THIS NOTE, I READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE. I AGREE TO THE TERMS OF THE NOTE. I ACKNOWLEDGE RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE. THIS NOTE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS NOTE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. B OWER: X (Seal) wuDert D LASER PRO L-g. V- 6.31.00.004 C.p,. 4-,; Fin-- SPl -.. Inc. 1997, 2006. All RyNla R--d. PA 11?-NAPMLPWIN\CFRLPLID20.FC TR 20053 PR 74 EXHIBIT "B" Parcel Identification Number: 25-24-0811-012 RECORDATION REQUESTED BY: COMMERCE BANK/HARRISBURG N.A. CAMP HILL 100 SENATE AVENUE CAMP HILL, PA 17011 WHEN RECORDED MAIL TO: COMMERCE BANK/HARRISBURG N.A. LOAN SERVICING 3801 PAXTON STREET HARRISBURG, PA 17111-1418 SEND TAX NOTICES TO: COMMERCE BANK/HARRISBURG N.A. LOAN SERVICING 3801 PAXTON STREET HARRISBURG, PA 17111 FOR RECORDER'S USE ONLY MORTGAGE Amount Secured Hereby: $70,000.00 THIS MORTGAGE dated May 12, 2006, is made and executed between Daniel L. Schubert, whose address is 418 7th Street, New Cumberland, PA 17070 (referred to below as "Grantor") and COMMERCE BANK/HARRISBURG N.A., whose address is 100 SENATE AVENUE, CAMP HILL, PA 17011 (referred to below as "Lender"). GRANT OF MORTGAGE. For valuable consideration, Grantor grants, bargains, sells, conveys, assigns, transfers, releases, confirms and mortgages to Lender all of Grantor's right, title, and interest in and to the following described real property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all streets, lanes, alleys, passages, and ways; all easements, rights of way, all liberties, privileges, tenements, hereditaments, and appurtenances thereunto belonging or anywise made appurtenant hereafter, and the reversions and remainders with respect thereto; all water, water rights, watercourses and ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") located in Cumberland County, Commonwealth of Pennsylvania: Real proper% located at 418 7th Street, New Cumberland, New Cumberland Borough, Cumberland ounty, Pennsylvania, as recorded in deed book 273, page 3316, in the Office of the Recorder of Deeds of Cumberland County. The Real Property or its address is commonly known as 418 7th Street, New Cumberland, PA 17070. The Real Property parcel identification number is 25-24-0811-012. THIS MORTGAGE, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THIS MORTGAGE. THIS MORTGAGE IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PAYMENT AND PERFORMANCE. Except as otherwise provided in this Mortgage, Grantor shall pay to Lender all amounts secured by this Mortgage as they become due and shall strictly perform all of Grantor's obligations under this Mortgage. POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession and use of the Property shall be governed by the following provisions: MORTGAGE Loan No: 400213693 (Continued) Page 2 Possession and Use. Until the occurrence of an Event of Default, Grantor may (1) remain in possession and control of the Property; (2) use, operate or manage the Property; and (3) collect the Rents from the Property. Duty to Maintain. Grantor shall maintain the Property in good condition and promptly perform all repairs, replacements, and maintenance necessary to preserve its value. Hazardous Substances. Grantor represents and warrants that the Property never has been, and never will be so long as this Mortgage remains a lien on the Property, used for the generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance in violation of any Environmental Laws. Grantor authorizes Lender and its agents to enter upon the Property to make such inspections and tests as Lender may deem appropriate to determine compliance of the Property with this section of the Mortgage. Grantor hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event Grantor becomes liable for cleanup or other costs under any such laws, and (2) agrees to indemnify and hold harmless Lender against any and all claims and losses resulting from a breach of this paragraph of the Mortgage. This obligation to indemnify shall survive the payment of the Indebtedness and the satisfaction of this Mortgage. DUE ON SALE - CONSENT BY LENDER, Lender may, at Lender's option, declare immediately due and payable all sums secured by this Mortgage upon the sale or transfer, without Lender's prior written consent, of all or any part of the Real Property, or any interest in the Real Property. A "sale or transfer" means the conveyance of Real Property or any right, title or interest in the Real Property; whether legal, beneficial or equitable; whether voluntary or involuntary; whether by outright sale, deed, installment sale contract, land contract, contract for deed, leasehold interest with a term greater than three (3) years, lease-option contract, or by sale, assignment, or transfer of any beneficial interest in or to any land trust holding title to the Real Property, or by any other method of conveyance of an interest in the Real Property. However, this option shall not be exercised by Lender if such exercise is prohibited by federal law or by Pennsylvania law. TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Mortgage: Payment. Grantor shall pay when due (and in all events prior to delinquency) all taxes, payroll taxes, special taxes, assessments, water charges and sewer service charges levied against or on account of the Property, and shall pay when due all claims for work done on or for services rendered or material furnished to the Property. Grantor shall maintain the Property free of any liens having priority over or equal to the interest of Lender under this Mortgage, except for those liens specifically agreed to in writing by Lender, and except for the lien of taxes and assessments not due and except as otherwise provided in this Mortgage. PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Mortgage: Maintenance of Insurance. Grantor shall procure and maintain policies of fire insurance with standard extended coverage endorsements on a replacement basis for the full insurable value covering all Improvements on the Real Property in an amount sufficient to avoid application of any coinsurance clause, and with a standard mortgagee clause in favor of Lender. Policies shall be written by such insurance companies and in such form as may be reasonably acceptable to Lender. Grantor shall deliver to Lender certificates of coverage from each insurer containing a stipulation that coverage will not be cancelled or diminished without a minimum of ten (10) days' prior written notice to Lender and not containing any disclaimer of the insurer's liability for failure to give such notice. Each insurance policy also shall include an endorsement providing that coverage in favor of Lender will not be impaired in any way by any act, omission or default of Grantor or any other person. Should the Real Property be located in an area designated by the Director of the Federal Emergency Management Agency as a special flood hazard area, Grantor agrees to obtain and maintain Federal Flood Insurance, if available, within 45 days after notice is given by Lender that the Property is located in a special flood hazard area, for the full unpaid principal balance of the loan and any prior liens on the property securing the loan, up to the maximum policy limits set under the National Flood Insurance Program, or as otherwise required by Lender, and to maintain such insurance for the term of the loan. Tax and Insurance Reserves. Upon request by Lender and subject to applicable law, Grantor shall pay to Lender each month on the day payments are due under the Note until the Note is paid in full, a sum ("Escrow Funds") equal to one-twelfth of (a) all annual taxes, special taxes, assessments, water charges and sewer service charges levied against or on account of the Property and (b) annual premiums for policies of fire insurance with all risks standard extended coverage required under this Mortgage ("Escrow Items"). Lender may estimate the amount of Escrow Funds on the basis of current data and a reasonable estimate of future Escrow Items. All Escrow Funds shall be held by Lender and applied to pay the Escrow Items when due. Lender will not charge for holding and applying the Escrow Funds, analyzing the account, or verifying the Escrow Items, unless Lender pays Grantor interest on the Escrow Funds and applicable law permits Lender to make such a charge. Grantor and Lender may agree in writing that interest shall be paid on the Escrow Funds. Unless an agreement is made or applicable law requires interest to be paid, Lender shall not be required to pay Grantor any interest or earnings on the Escrow Funds. The Escrow Funds are pledged as additional security for the amounts secured by this Mortgage. If the amount of the Escrow Funds held by Lender, together with the future monthly payments of Escrow Funds prior to MORTGAGE Loan No: 400213693 (Continued) Page 3 the due dates of the Escrow Items, shall exceed the amount required to pay the Escrow Items when due, the excess shall be, at Grantor option, either promptly repaid to Grantor or credited to Grantor in scheduled payments of Escrow Funds. If the amount of the Escrow Funds held by Lender is not sufficient to pay the Escrow Items when due, Grantor shall pay to Lender any amount necessary to make up the deficiency in one or more payments as required by Lender. Lender's Expenditures. If Grantor fails (1) to keep the Property free of all taxes, liens, security interests, encumbrances, and other claims, (2) to provide any required insurance on the Property, or (3) to make repairs to the Property then Lender may do so. If any action or proceeding is commenced that would materially affect Lender's interests in the Property, then Lender on Grantor's behalf may, but is not required to, take any action that Lender believes to be appropriate to protect Lender's interests. All expenses incurred or paid by Lender for such purposes will then bear interest at the rate charged under the Note from the date incurred or paid by Lender to the date of repayment by Grantor. All such expenses will become a part of the Indebtedness and, at Lender's option, will (1) be payable on demand; (2) be added to the balance of the Note and be apportioned among and be payable with any installment payments to become due during either (a) the term of any applicable insurance policy; or (b) the remaining term of the Note; or (3) be treated as a balloon payment which will be due and payable at the Note's maturity. Grantor's obligation to Lender for all such expenses shall survive the entry of any mortgage foreclosure judgment. Warranty; Defense of Title. The following provisions relating to ownership of the Property are a part of this Mortgage: Title. Grantor warrants that: (a) Grantor holds good and marketable title of record to the Property in fee simple, free and clear of all liens and encumbrances other than those set forth in the Real Property description or in any title insurance policy, title report, or final title opinion issued in favor of, and accepted by, Lender in connection with this Mortgage, and (b) Grantor has the full right, power, and authority to execute and deliver this Mortgage to Lender. Defense of Title. Subject to the exception in the paragraph above, Grantor warrants and will forever defend the title to the Property against the lawful claims of all persons. Full Performance. If Grantor pays all the Indebtedness when due, and otherwise performs all the obligations imposed upon Grantor under this Mortgage, Lender shall execute and deliver to Grantor a suitable satisfaction of this Mortgage and suitable statements of termination of any financing statement on file evidencing Lender's security interest in the Rents and the Personal Property. Grantor will pay, if permitted by applicable law, any reasonable termination fee as determined by Lender from time to time. Events of Default. At Lender's option, Grantor will be in default under this Mortgage if any of the following happen: Payment Default. Grantor fails to make any payment when due under the Indebtedness. Default on Other Payments. Failure of Grantor within the time required by this Mortgage to make any payment for taxes or insurance, or any other payment necessary to prevent filing of or to effect discharge of any lien. Break Other Promises. Grantor breaks any promise made to Lender or fails to perform promptly at the time and strictly in the manner provided in this Mortgage or in any agreement related to this Mortgage. Default in Favor of Third Parties. Should Grantor default under any loan, extension of credit, security agreement, purchase or sales agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of Grantor's property or Grantor's ability to repay the Indebtedness or Grantor's ability to perform Grantor's obligations under this Mortgage or any related document. Death or Insolvency. The death of Grantor, the insolvency of Grantor, the appointment of a receiver for any part: of Grantor's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Grantor. Breach of Other Agreement. Any breach by Grantor under the terms of any other agreement between Grantor and Lender that is not remedied within any grace period provided therein, including without limitation any agreement concerning any indebtedness or other obligation of Grantor to Lender, whether existing now or later. Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party of any of the Indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness. In the event of a death, Lender, at its option, may, but shall not be required to, permit the guarantor's estate to assume unconditionally the obligations arising under the guaranty in a manner satisfactory to Lender, and, in doing so, cure any Event of Default. MORTGAGE Loan No: 400213693 (Continued) Page 4 Insecurity. Lender in good faith believes itself insecure. Right to Cure. If any default, other than a default in payment is curable and if Grantor has not been given a notice of a breach of the same provision of this Mortgage within the preceding twelve (12) months, it may be cured if Grantor, after receiving written notice from Lender demanding cure of such default: (a) cures the default within fifteen (15) days; or (b) if the cure requires more than fifteen (15) days, immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. Rights and Remedies on Default. Upon the occurrence of an Event of Default and at any time thereafter, Lender, at Lender's option, may exercise any one or more of the following rights and remedies, in addition to any other rights or remedies provided by law: Accelerate Indebtedness. Lender shall have the right at its option, after giving such notices as required by applicable law, to declare the entire Indebtedness immediately due and payable. UCC Remedies. With respect to all or any part of the Personal Property, Lender shall have all the rights and remedies of a secured party under the Uniform Commercial Code. Judicial Foreclosure. Lender may obtain a judicial decree foreclosing Grantor's interest in all or any part of the Property. Nonjudicial Sale. If permitted by applicable law, Lender may foreclose Grantor's interest in all or in any part of the Personal Property or the Real Property by non-judicial sale. Other Remedies. Lender shall have all other rights and remedies provided in this Mortgage or the Note or available at law or in equity. Sale of the Property. To the extent permitted by applicable law, Grantor hereby waives any and all right to have the Property marshalled, In exercising its rights and remedies, Lender shall be free to sell ail or any part of the Property together or separately, in one sale or by separate sales. Lender shall be entitled to bid at any public sale on all or any portion of the Property. Election of Remedies. All of Lender's rights and remedies will be cumulative and may be exercised alone or together. An election by Lender to choose any one remedy will not bar Lender from using any other remedy. If Lender decides to spend money or to perform any of Grantor's obligations under this Mortgage, after Grantor's failure to do so, that decision by Lender will not affect Lender's right to declare Grantor in default and to exercise Lender's remedies. Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Mortgage, Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and upon any appeal. Whether or not any court action is involved, and to the extent not prohibited by law, all reasonable expenses Lender incurs that in Lender's opinion are necessary at any time for the protection of its interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph include, without limitation, however subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services, the cost of searching records, obtaining title reports (including foreclosure reports), surveyors' reports, and appraisal fees and title insurance, to the extent permitted by applicable law. Grantor also will pay any court costs, in addition to all other sums provided by law. Note.. The word "Note" means the promissory note dated May 12, 2006 in the original principal amount of $70,000.00 from Grantor to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for the promissory note or agreement. Miscellaneous Provisions. The following miscellaneous provisions are a part of this Mortgage: Governing Law. This Mortgage will be governed by federal law applicable to Lender and, to the extent not preempted by federal law, the laws of the Commonwealth of Pennsylvania without regard to its conflicts of law provisions. This Mortgage has been accepted by Lender in the Commonwealth of Pennsylvania. Time is of the Essence. Time is of the essence in the performance of this Mortgage. Definitions. The following words shall have the following meanings when used in this Mortgage: Borrower. The word "Borrower" means Daniel L. Schubert and includes all co-signers and co-makers signing the Note and all their successors and assigns. MORTGAGE Loan No: 400213693 (Continued) Page 5 Environmental Laws. The words "Environmental Laws" mean any and all state, federal and local statutes, regulations and ordinances relating to the protection of human health or the environment, including without limitation the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, at seq. CCERCLA"), the Superfund Amendments and Reauthorization Act of 1986, Pub. L. No. 99-499 ("SARA"), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, at seq., the Resource 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 Daniel L. Schubert. Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation party to Lender, including without limitation a guaranty of all or part of the Note. Indebtedness. The word "Indebtedness" means all principal, interest, and other amounts, costs and expenses payable under the Note or Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and substitutions for the Note or Related Documents and any amounts expended or advanced by Lender to discharge Grantor's obligations or expenses incurred by Lender to enforce Grantor's obligations under this Mortgage, together with interest on such amounts as provided in this Mortgage. Lender. The word "Lender" means COMMERCE BANK/HARRISBURG N.A., its successors and assigns. The words "successors or assigns" mean any person or company that acquires any interest in the Note. Mortgage. The word "Mortgage" means this Mortgage between Grantor and Lender. Note. The word "Note" means the promissory note dated May 12, 2006, in the original principal amount of $70,000.00 from Grantor to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for the promissory note or agreement. NOTICE TO GRANTOR: THE NOTE CONTAINS A VARIABLE INTEREST RATE. Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal property now or hereafter owned by Grantor, and now or hereafter attached or affixed to the Real Property; together with all accessions, parts, and additions to, all replacements of, and all substitutions for, any of such property; and together with all proceeds (including without limitation all insurance proceeds and refunds of premiums) from any sale or other disposition of the Property. Property. The word "Property" means collectively the Real Property and the Personal Property. Real Property. The words "Real Property" mean the real property, interests and rights, as further described in this Mortgage. Rents. The word "Rents" means all present and future rents, revenues, income, issues, royalties, profits, and other benefits derived from the Property. 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. G t TOR: 1 1 ISeall chubert MORTGAGE Loan No: 400213693 (Continued) Page 6 CERTIFICATE OF RESIDENCE I hereby certify, that the precise address of the mortgagee, COMMERCE BANK/HARRISBURG N.A., herein is as follows: CAMP HILL, 100 SENATE AVENUE, CAMP HILL, PA 17011 '1j, A I t may or Ag fo ortgagee INDIVIDUAL ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA 1 SS COUNTY OF Q 1 ?I On this, the Z- day of A , 20 ae- , before me 6 ,nd" 4,, . 6 - the undersigned N ary Public, personally appeared Daniel L. Schubert, 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 sea' NdatfalS Notary Public in and for the State of L4? FtLz,lowaw wp., Ctrt^t7 Cota?y LASER RED L.d,g, Va. 6.31.00.004 Cop,. HWwd F-R,1 S, u-,. 4- 1997. 2006. AR Riphu R--d. - PA H: IWINAPPSILPWIN1CF11LP0G03.FC TR-20053 PR-74 EXHIBIT "C" METRO BANK December 21, 2011 3801 Pax-on H •ri u j, P . 17-111 mymL-trc n 7,m? com VIA REGULAR .AND CERTIFIED MAIL, RETURN RECEIPT REQUESTED DANIEL L SCHUBERT 418 7TH ST NEW CUMBERLAND PA 17070 NOTICE OF INTENTION TO FORECLOSE MORTGAGE The MORTGAGE held by Metro Bank (hereinafter we, us, or ours) on your property located at 418 7TH ST, NEW CUMBERLAND, IS IN SERIOUS DEFAULT because you have not made the monthly payments of $1,258.16 for the months of November and December. Late charges and other charges have also accrued to this date in the amount of $62.90. The total amount now required to cure this default, or in other words, get caught up in your payments, as of the date of this letter, is $1,321.06. You may cure this default within THIRTY (30) DAYS of the date of this letter, by paying to us the above amount of $1,321.06, plus any additional monthly payments and late charges which may fall due during this period. Such payment must be made either by cash, cashier's check, certified check or money order, and made at Metro Bank 3801 Paxton Street P.O. Box 4999 Harrisburg, PA 17111-0999 Attn: Kelly Williams If you do not cure the default within THIRTY (30) DAYS, we intend to exercise our right to accelerate the mortgage payments. This means that whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to pay off the original mortgage in monthly installments. If full payment of the amount of default is not made within THIRTY (30) DAYS, we also intend to instruct our attorneys to start a lawsuit to foreclose your mortgaged property. If the mortgage is foreclosed your mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If we refer your case to our attorneys, but you cure the default before they begin legal proceedings against you, you will still have to pay the reasonable attorney's fees, actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees even if they are over $50.00. Any attorney's fees will be added to whatever you owe us, which may also include our reasonable costs. If you cure the default within the thirty day period, you will not be required to pay attorney's fees. We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If you have not cured the default within the thirty 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 Sheriffs foreclosure sale. You may do so by paying the total amount of the unpaid monthly payments plus any late or other charges then due, as well as the reasonable attorney's fees and costs connected with the foreclosure sale [and perform any other requirements under the mortgage]. It is estimated that the earliest date that such a Sheriffs sale could be held would be approximately 6 months. A notice of the date of the Sheriff 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 will be by contacting the following: Kelly Williams, Consumer Collections Specialist, 717- 412-6893. This payment must be in cash, cashier's check, certified check or money order and made payable to us at the address stated above. You should realize that a Sheriffs sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriffs sale, a lawsuit could be started to evict you. You have additional rights to help protect your interest in the property. YOU 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. [YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE 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 UNDER THE MORTGAGE ARE SATISFIED]. CONTACT US TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT EXIST]. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. If you cure the default, the mortgage will be restored to the same position as if no default had occurred. However, you are not entitled to this right to cure your default more than three times in any calendar year. METRO BANK fJk/a Commerce Bank/Harrisburg, N.A., Plaintiff, VS. DANIEL L. SCHUBERT, NO.. Defendant. VERIFICATION 1, John T. Robertson, Vice President of Metro Bank depose and say subject to the penalties of 18 Pa.C.S.A., sec.4904 relating to unsworn falsification to authorities that the facts .set forth in the foregoing pleading are true and correct to the best of my information, knowledge and belief IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION is tobertson, Vice President SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy ?pW'tr?i?, d{ L?tatr `utrj???1i C -Gt IUL 20 12 FEB 13 AM 9: 14 Richard W Stewart Solicitor o E F >F F t-. RIFF CUMBERLAND COUNTY PENNSYLVANIA Metro Bank Case Number vs. 2012-625 Daniel Lee Schubert SHERIFF'S RETURN OF SERVICE 02/06/2012 07:52 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on February 6, 2012 at 1952 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Daniel Lee Schubert, by making known unto himself personally, at 418 7th Street, New Cumberland, Cumberland County, Pennsylvania 17070 its contents and at the same time handing to him personally the said true and correct copy of the same. NOAH CLINE, DEPUTY SHERIFF COST: $45.00 February 09, 2012 !C (?9llt;`y5t1iIE ??hP,n}f, TE',IPhSC1t. II'.:. SO ANSWERS, 6Z RON R ANDERSON, SHERIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA METRO BANK f/k/a CIVIL DIVISION -.? Commerce Bank/Harrisburg, N.A., mm mm ? No.: 12-625 Civil Term :- I? ?+ 1 C-?i F Plaintiff, ISSUE NUMBER: .? m.? ` TYPE OF PLEADING: x VS. ` PRAECIPE FOR DEFAULT JUDGMENT DANIEL L. SCHUBERT, (Mortgage Foreclosure) Defendant. FILED ON BEHALF OF: Metro Bank f/k/a Commerce Bank/Harrisburg, N.A., Plaintiff I Hereby certify that the last known address COUNSEL OF RECORD FOR THIS of Defen t(s) is PARTY: 418 7`h S t New Cu b ria d, 1 070 Scott A. Dietterick, Esquire Pa. I.D. #55650 Scott A. tteriSlrlLsquire Attorney for Plaintiff JAMES, SMITH, DIETTERICK & CONNELLY LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA METRO BANK f/k/a CIVIL DIVISION Commerce Bank/Harrisburg, N.A., Plaintiff, NO.: 12-625 Civil Term vs. DANIEL L. SCHUBERT, Defendant. PRAECIPE FOR DEFAULT JUDGMENT TO: PROTHONOTARY SIR/MADAM: Please enter a default judgment in the above-captioned case in favor of Plaintiff and against Defendant, Daniel L. Schubert, in the amount of $56,039.67 which is itemized as follows: Principal $ 52,928.31 Interest through 3/15/2012 $ 1,193.61 Late Charges $ 157.25 Unpaid Loan Fees $ 50.50 Attorney's Fees $ 1,300.00 Title Costs $ 410.00 TOTAL $ 56,039.67 plus interest on the principal sum ($52,928.31) from March 16, 2012, at the rate of $10.10 per diem, plus additional late charges, and costs (including ad 'tional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of th orwafZ&premises. JAMES M R K & CONNELLY LLP By: Scott A. i _sq 're Attorney for Plaintiff PA I.D. #55650 P.O. BOX 650 Hershey, PA 17033 49.50 p p ATE (717) 533-3280 e-* l i a-,98 e# Igasa9 AFFIDAVIT OF NON-MILITARY SERVICE AND CERTIFICATE OF MAILING OF NOTICE OF INTENT TO TAKE DEFAULT JUDGMENT COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN SS: Before me, the undersigned authority, a Notary Public in and for said County and Commonwealth, personally appeared Scott A. Dietterick, Esquire, attorney for and authorized representative of Plaintiff who, being duly sworn according to law, deposes and says that the Defendant is not in the military service of the United States of America to the best of his knowledge, information and belief and certifies that the Notices of Intent to take Default Judgment were mailed in accordance with Pa. R.C.P. 237.1, as Sworn to and subscribed before me this t day of March, 2012. 0 S" ( . o Notary Public My Commission Expires: NOTARIAL SEAL CHRISTINE L SPURLOCK Notary Public HUMMELSTOWN BORO, DAUPHIN COUNTY My Commission Expires Jun 23, 2012 Scott attached copies. Esquire IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA METRO BANK f/k/a CIVIL DIVISION Commerce Bank/Harrisburg, N.A., Plaintiff, NO.: 12-625 Civil Term vs. DANIEL L. SCHUBERT, Defendant. : NOTICE OF ORDER, DECREE OR JUDGMENT TO: Daniel L. Schubert ( ) Plaintiff (XXX) Defendant ( ) Additional Defendant You are hereby notified that an Order, Decree or Judgment was entered in the above captioned proceeding on ( ) A copy of the Order or Decree is enclosed, or (XXX) The judgment is as follows: $56,039.67 plus interest on the principal sum ($52,928.31) from March 16, 2012, at the rate of $10.10 per diem, plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. ??) -3w6AP U%Q4 rI ?? ,? ;? ., ?? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA METRO BANK f/k/a CIVIL DIVISION Commerce Bank/Harrisburg, N.A., Plaintiff, vs. DANIEL L. SCHUBERT, NO.: 12-625 Civil Term Defendant. IMPORTANT NOTICE TO: Daniel L. Schubert 4187 th Street New Cumberland, PA 17070 DATE OF NOTICE: February 28, 2012 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OI THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A. LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (717) 249-3166 (800) 990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA METRO BANK f/k/a Commerce Bank/Harrisburg, N.A., Plaintiff, vs. DANIEL L. SCHUBERT, Defendant. CIVIL DIVISION NO.: 12-625 Civil Term AVISO IMPORTANTE A. Daniel L. Schubert FECHA DEL AVISO: February-18,2012 USTED ESTA EN REBELDIA PORQUE HA FALLADO DE TOMAR: LA ACCION REQUERIDA EN ESTE CASO. A MENOS QUE USTED TOME ACCION DENTRO DE LOS PROXIMOS DIEZ (10) DIAS DE LA FECHA DE ESTE AVISO, SE PUEDE DICTAR UN FALLO EN CONTRA SUYA SIN LLEVARSE A CABO UNA VISTA Y USTED PUEDE PERDER SU PROPIEDAD Y OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR EST E DOCUMENTO ENMEDIA T A MEi'?,'TE A SU ABOGADO. SI LISTED NO TIENTE UN ABOGADO O NO PUEDE PAGAR UNO, VAYA O LLAME LA OFICINA ABAJO INDICADA PARA QUE LE INFORMEN DONDE PUEDE CONSEQUIR AYUDA LEGAL. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (717) 249-316' (800) 990-9108 1l JAMES & C'ONNELLY LLP DATE: February 28. 2012 BY: . c A. Dietterick, Esquire PA I.D. #55650 Kimberly A. Bonner, Esquire PA I.D. 489705 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 FIRST CLASS U.S. MAIL, POSTAGE PREPAID (717) 533-3280 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ?A,,9 tlt elflubr Npt? f j 7F RCE `r _ w.f?tFF Metro Bank Case Number vs. Daniel Lee Schubert 2012-625 SHERIFF'S RETURN OF SERVICE 02/05/2012 07:52 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on February 6, 2012 at 1952 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Daniel Lee Schubert, by making known unto himself personally, at 418 7th Street, New Cumberland, Cumberland County, Pennsylvania 17070 its contents and at the same time handing to him personally the said true and correct copy of the same. v ?r NOAH CLINE, DEPUTY SHERIFF COST: $45.00 February 09, 2012 SHERIFF'S OFFICE OF CUMBERLAND COUNTY SO ANSWERS, / RONO"Y R ANDERSON, SHERIFF .,c ,L1'-! Swt S ,er:`:f. T6 Pv304t. in:;. J % IN THE Cdr OF CQ440N PLEAS OF CR41ERLAND COUNTY, PETWMVANdIA Metro Bank f/k/a Commerce CIVIL DIVISION Bank/Harrisburg, N.A. . File No. 12-625 Civil Term (Plaintiff) : Amount Due $ 56,039.67 . Interest from 3-16-12 to $ 1,747.30 Daniel L. Schubert . Atty'sf Comm (Defendant(s) Costs TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment,, but if it does, it-is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. PRAECIPE FOR EXECUTION Issue writ of execution in the above matter to the Sheriff of Cumberl i County, for debt, interest and costs upon the following described property or e 3?- defendant(s) See Exhibit "A" attached. : r.{ t V PRAECIPE FOR ATTACHMENT EXBCLMON Issue writ of attachment to the Sheriff of County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) real estate of the defendant(s) described in the attached exhit DATE : March 15, 2012 Lll5) u8-5o P Q Rn`! 45.00 COF 103. '76 01.50 ?4(o.a5 PA Afr'! Signature: against Print Name: Scott A. Dietterick, Esquire Address: James Smith Dietterick & Connelly LLP P O Box 650, Hershey PA 17033 Attorney for: Telephone: Plaintiff (717) 533-3280 Supreme Court ID No.: 55650 4a.as NVG •5o LL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA METRO BANK f/k/a Commerce Bank/Harrisburg, N.A., CIVIL DIVISION Plaintiff, NO.: 12-625 Civil Term VS. C-_ rna) DANIEL L. SCHUBERT, ? ? -0- Defendant . - C7, . > AFFIDAVIT PURSUANT TO RULE 3129.1 j; -` s Metro Bank f/k/a Commerce Bank/Harrisburg, N.A., Plaintiff in the above action, sets forth as of the date the Praecipe for Writ of Execution was filed the following information concerning the real property located at 418 7th Street, New Cumberland, Pennsylvania 17070: 1. Name and Address of Owner(s) or Reputed Owner(s): DANIEL L. SCHUBERT 2. 3. 4. 4187 th Street New Cumberland, PA 17070 Name and Address of Defendant(s) in the Judgment: DANIEL L. SCHUBERT 418 7th Street New Cumberland, PA 17070 Name and Address of every judgment creditor whose judgment is a record lien on the real property to be sold: METRO BANK f/k/a Commerce Bank/ Plaintiff Harrisburg, N.A. Name and Address of the last record holder of every mortgage of record: METRO BANK f/k/a Commerce Bank/ Plaintiff Harrisburg, N.A. 5 6 7. Name and Address of every other person who has any record lien on the property: CUMBERLAND COUNTY TAX CLAIM BUREAU Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Name and Address of every other person who has any record interest in the property and whose interest may be affected by the sale: UNKNOWN SPOUSE OF DANIEL L. SCHUBERT 4187 1h Street New Cumberland, PA 17070 DEPARTMENT OF REVENUE COMMONWEALTH OF PA PA Inheritance Tax Division Department 280601 Harrisburg, PA 17128-0601 Department of Welfare; P.O. Box 2675 Harrisburg, PA 17105 Name and Address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: CUMBERLAND COUNTY DOMESTIC Cumberland County Courthouse RELATIONS OFFICE One Courthouse Square Carlisle, PA 17013 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. JAMES, DATED: -15 _Q BY: Scott V. Dietterick, Esquire Pa. I.D. #55650 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 ONNELLY LLP IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA METRO BANK f/k/a Commerce Bank/Harrisburg, N.A., Plaintiff, vs. DANIEL L. SCHUBERT, Defendant. CIVIL DIVISION NO.: 12-625 Civilgerm rn m arc =rn r.-; NOTICE OF SHERIFF'S SALE z' OF REAL PROPERTY PURSUANT TO -' PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 Daniel L. Schubert 418 7th Street New Cumberland, PA 17070 TAKE NOTICE: That the Sheriffs Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013 on Wednesday, September 5, 2012, at 10:00 a.m. prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The LOCATION of your property to be sold is: C:) 418 7" Street New Cumberland, Pennsylvania 17070 Cumberland County The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 12-625 Civil Term THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: Daniel L. Schubert A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages and municipalities that are owed taxes), will be filed by the 'Sheriff thirty (30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it, within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, South Hanover Street, 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 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 Court Administrator Cumberland County Courthouse One Courthouse Square, 4th Floor Carlisle, Pennsylvania 17013 (717) 240-6200 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 judgement 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 used against you. 2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the 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 presentation 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, Cumberland County Courthouse, One Courthouse Square, 4th Floor, Carlisle, Pennsylvania 17013, before presentation of the petition to the Court. JAMES, SMITH DATED: `I -f C4-- BY: & CONNELLY LLP Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 VIA CERTFIED MAIL, RETURN RECEIPT REQUESTED AND VIA PERSONAL SERVICE BY CUMBERLAND COUNTY SHERIFF Pa. I.D. #55650 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the Borough of New Cumberland, Cumberland County, Pennsylvania, in accordance with a survey of Michael C. D'Angelo, R.S., dated September 7, 1978, as follows, to wit: BEGINNING at a point at the southwestern corner of the intersection of 7th Street and a 20 feet wide alley known as 4th alley; thence South 28 degrees 11 minutes 00 seconds East along the western line of said Alley a distance of 132.50 feet to a point at the intersection of 0h alley and the northern line of a 10 feet wide alley; thence along said northern line of a 10 feet wide alley South 61 degrees 49 minutes 00 seconds West a distance of 53.07 feet to a point; thence North 28 degrees 11 minutes 00 seconds West a distance of 132.50 feet to a point; thence along the southern line of 7th Street: North 61 degrees 49 minutes 00 seconds East a distance of 53.07 feet to a point, the place of BEGINNING. HAVING thereon erected a two story frame dwelling known and numbered as 418 7th Street, New Cumberland, PA 17070. BEING the same premises which Daniel L. Schubert and Marie B. Schubert, by Deed dated February 6, 2006 and recorded on March 23, 2006 in and for Cumberland County, in Deed Book Volume 273, Page 3316, granted and conveyed unto Daniel L. Schubert, Individually.. Parcel No. 25-24-0811-012 Exhibit "A" WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 12-625 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 DANIEL L. SCHUBERT (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: $56,039.67 L.L.: $.50 Interest from 3/16/12 to date of sale - $1,747.30 Atty's Comm: % Due Prothy: $2.25 Atty Paid: $196.25 Other Costs: Plaintiff Paid: Date: 3/16/12 IJL David D. Buell, Prot onotayi (Seal) Deputy REQUESTING PARTY: Name: SCOTT A. DIETTERICK, ESQUIRE Address: JAMES SMITH DIETTERICK & CONNELLY LLP PO BOX 650 HERSHEY, PA 17033 Attorney for: PLAINTIFF Telephone: 717-533-3280 Supreme Court ID No. 55650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA METRO BANK f/k/a Commerce Bank/Harrisburg, N.A., Plaintiff, vs. DANIEL L. SCHUBERT, Defendant. CIVIL DIVISION - fi 110 co{} NO.: 12-625 Civil Term AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 Metro Bank f/k/a Commerce Bank/Harrisburg, N.A., Plaintiff in the above action, sets forth as of the date the Praecipe for Writ of Execution was filed the following information concerning the real property located at 418 7th Street, New Cumberland, Pennsylvania 17070: Name and Address of Owner(s) or Reputed Owner(s): 2 3 4 DANIEL L. SCHUBERT 4187 1h Street New Cumberland, PA 17070 Name and Address of Defendant(s) in the Judgment: DANIEL L. SCHUBERT 4187 th Street New Cumberland, PA 17070 Name and Address of every judgment creditor whose judgment is a record lien on the real property to be sold: METRO BANK f/k/a Commerce Bank/ Plaintiff Harrisburg, N.A. Name and Address of the last record holder of every mortgage of record: METRO BANK f/k/a Commerce Bank/ Plaintiff Harrisburg, N.A. 5. Name and Address of every other person who has any record lien on the property: CUMBERLAND COUNTY TAX CLAIM BUREAU Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 6. Name and Address of every other person who has any record interest in the property and whose interest may be affected by the sale: MARIE BARR SCHUBERT 806 Carol Circle New Cumberland, PA 17070 and c/o Laurie A. Saltzgiver, Esquire Myers, Desfor, Saltzgiver & Boyle P.O. Box 1062 Harrisburg, PA 17108 UNKNOWN SPOUSE OF DANIEL L. SCHUBERT DEPARTMENT OF REVENUE COMMONWEALTH OF PA 418 7th Street New Cumberland, PA 17070 PA Inheritance Tax Division Department 280601 Harrisburg, PA 17128-0601 Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 7. Name and Address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: CUMBERLAND COUNTY DOMESTIC Cumberland County Courthouse RELATIONS OFFICE One Courthouse Square Carlisle, PA 17013 I verify that the statements made in this Amended Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §904 relating to unsworn falsification to authorities. JAMES, SMIT)I,-DVi,.UER1(K & CONNELLY LLP DATED: u + I & 4 BY: Stott A. ietterick, Esquire Pa. I.D. #55650 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA METRO BANK f/k/a CIVIL DIVISION Commerce Bank/Harrisburg, N.A., Plaintiff, vs. DANIEL L. SCHUBERT, Defendant. NO.: 12-625 Civil Term ISSUE NO.: TYPE OF PLEADING: Pa.R.C.P. RULE 3129.2(C) AFFIDAVIT OF SERVICE OF DEFENDANT/OWNER AND OTHER PARTIES OF INTEREST CODE: FILED ON BEHALF OF: Metro Bank f/k/a Commerce Bank/Harrisburg, N.A., Plaintiff COUNSEL OF RECORD FOR THIS PARTY: Scott A. Dietterick, Esquire Pa. I.D. #55650 JAMES, SMITH, DIETTERICK & CONNELLY LLP P.O. BOX 650 Hershey, PA 17033 (717) 533-3280 correct copies of said Notices and Certificates of Mailing are marked Exhibit "B", attached hereto and made a part hereof. Finally, the undersigned deposes and says that Defendant/Owner and all Other Parties of Interest were served with Plaintiffs Notice of Sheriffs Sale of Real Property in accordance with Pa. R.C.P. 3129.2. JAMES, S1KTFV pIEWBVtK--,& CONNELLY LLP Dated: 8-1-2012 BY: Scott A. Dietterick, Esquire Pa. I.D. #55650 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 Sworn to and subscribed before me this Qary of Au st, 2 12. Public MY COMMISSION EXPIRES: COMMONWhAI.111 Opt PI NNSYS VANIA N(YrARIAL SEAL DENISE L. FOSTER, NOTARY PUBLIC CITY OF HARRISBURG, DAUPHIN COUNTY MY COMMISSION EXPIRES MARCH 05, 2013 4w CD Cp 10 3 a m R UNITEDSMSM "POSIMLSEWNWe Certificate Of Wilim This r ... .. W for mai6n? This • Frorr h.7 'q JAMES, SMITH, DIETTERICK & _ j CONNELLY LLP j a UNITED smTEf • - /P037®LSERVKE• Certificate Of Mailinc ,-„E: T--1_1 _ ., SPS'®formailing ATTN: CHRISTINE SPURLOCK a` P.O. BOX 650 HERSHEY, PA 17033 n ?? t N b rig -A F)IDS S orm 17, ail 2007 kN 7530-02-000-9065 UlWITEDSMUM L • Certificate Of Wilini I IL ,jam This '? for madirn This Fro" JAMES, SMITH, DIETTERICK & CONNELLY LLP ATTN: CHRISTINE SPURLOCK P:O. BOX 650 HERSHEY, PA 17033 ?3817rii zoo? 7530-02-000-9065 r k r 0 L Cp 1 CR to a Y4 rD R JAMES, SMITH, DIETTERICK & CONNELLY LLP ATTN: CHRISTINE SPURLOCK P.O. BOX 650 14FR RHF.Y PA 17011 T -I,I a n? txripz?-7 Y °°?' "rdty 7 2 9 w w s 0 Qp n ? o ? C s? ? o 3 UNnwsmTEs POSTALSERVI?CEo Certificate Of Wilini This This Fro JAMES, SMITH, DIETTERICK & , CONNELLY LLP ATTN: CHRISTINE SPURLOCK Gr P.O. BOX 650 1. HERSHEY, PA 17033 ml;W Z-\ Y A ? VV I H,'-')N / D3U-UL-UUU-`JUbD UNITEDSTdTEs POSMSETWEe Certificate Of Mailing This( .. ___-._._..?????'for mai6n?. This I From JAMES, SMITH, DIETTERICK & _ CONNELLY LLP ATTN: CHRISTINE SPURLOCK P.O. BOX 650 HERSHEY, PA 17033 I" S gIJANTE ISIZIES f LSERVI o Certificate Of Wilin T' ;PSS for maihn, F JAMES, SMITH, DIETTERICK & CONNELLY LLP ATTN: CHRISTINE SPURLOCK P.O. BOX 650 HERSHEY, PA 17033 m $A O X 1 ? ?1 O 612007 PSN 7530-02-000-9065 j M N R ? O N F sc W •w F k& 0 O t ._ m O L 01 0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA METRO BANK f/k/a CIVIL DIVISION Commerce Bank/Harrisburg, N.A., : Plaintiff, NO.: 12-625 Civil Term VS. DANIEL L. SCHUBERT, Defendant. NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST PURSUANT TO Pa.R.C.P. 3129(b) TO: CUMBERLAND COUNTY TAX CLAIM BUREAU CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court o Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland Count, directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE South Hanover Street Carlisle, Pennsylvania 17013 on SEPTEMBER 5, 2012 at 10:00 a.m., the following described real estate which Daniel L. Schubert is the owner or reputed owner and on which you may hold a lien or have an interest which could be affected by the sale of- 4187 th Street New Cumberland, Pennsylvania 17070 . Cumberland County (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A") The said Writ of Execution has been issued on a judgment in the action of METRO BANK f/k/a COMMERCE BANK/HARRISBURG, N.A., Plaintiff, vs. DANIEL L. SCHUBERT, Defendant. at EX. NO. 12-625 Civil Term in the amount of $56,039.67, plus interest and costs. Claims against property must be filed at the Office of the Sheriff before above sale Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from the sale date. Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution filed in the Office of the Sheriff. If you have any questions or comments with regard to the Sheriffs Sale or this Notice, you should contact your attorney as soon as possible. JAMES, SMITH, DIETTERICK & CONNELLY LLP /'-1. Dated:_ June 18, 2012 By: Scott A. iett PA ID #55650 Attorney for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the Borough of New Cumberland, Cumberland County, Pennsylvania, in accordance with a survey of Michael C. D'Angelo, dated September 7, 1978, as follows, to wit: BEGINNING at a point at the southwestern corner of the intersection of 7th Street and 20 feet wide alley known as 4th alley; thence South 28 degrees 11 minutes 00 seconds East alo: the western line of said Alley a distance of 132.50 feet to a point at the intersection of 4th alley and the northern line of a 10 feet wide alley; thence along said northern line of a 10 feet wide alley South 61 degrees 49 minutes 00 seconds West a distance of 53.07 feet to a point; thence North 28 degrees 11 minutes 00 seconds West a distance of 132.50 feet to a point; thence alon the southern line of 7th Street North 61 degrees 49 minutes 00 seconds East a distance of 53.07 feet to a point, the place of BEGINNING. HAVING thereon erected a two story frame dwelling known and numbered as 418 7th Street, New Cumberland, PA 17070. BEING the same premises which Daniel L. Schubert and Marie B. Schubert, by Deed dated February 6, 2006 and recorded on March 23, 2006 in and for Cumberland County, in D Book Volume 273, Page 3316, granted and conveyed unto Daniel L. Schubert, Individually.. Parcel No. 25-24-0811-012 Exhibit "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA METRO BANK f/k/a CIVIL DIVISION Commerce Bank/Harrisburg, N.A., Plaintiff, NO.: 12-625 Civil Term VS. DANIEL L. SCHUBERT, Defendant. NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST PURSUANT TO Pa.R.C.P. 3129(b) TO: MARIE BARR SCHUBERT 806 CAROL CIRCLE NEW CUMBERLAND, PA 17070 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court o Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland Count , directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE South Hanover Street Carlisle, Pennsylvania 17013 on SEPTEMBER 5, 2012 at 10:00 a.m., the following described real estate which Daniel L. Schubert is the owner or reputed owner and on which you may hold a lien or have an interest which could be affected by the sale of. 4187 th Street New Cumberland, Pennsylvania 17070 Cumberland County (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A") The said Writ of Execution has been issued on a judgment in the action of METRO BANK f/k/a COMMERCE BANK/HARRISBURG, N.A., Plaintiff, vs. DANIEL L. SCHUBERT, Defendant. at EX. NO. 12-625 Civil Term in the amount of $56,039.67, plus interest and costs. Claims against property must be filed at the Office of the Sheriff before above sale Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from the sale date. Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution filed in the Office of the Sheriff. If you have any questions or comments with regard to the Sheriffs Sale or this Notice, you should contact your attorney as soon as possible. JAMES, SMIT , D TERICK & CONNELLY n Dated: June 18, 2012 By: k f/? Scott A. Dietterick, Esquire PA ID #55650 Attorney for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the Borough of New Cumberland, Cumberland County, Pennsylvania, in accordance with a survey of Michael C. D'Angelo, R.S dated September 7, 1978, as follows, to wit: BEGINNING at a point at the southwestern corner of the intersection of 7th Street and 20 feet wide alley known as 4th alley; thence South 28 degrees 11 minutes 00 seconds East aloe the western line of said Alley a distance of 132.50 feet to a point at the intersection of 4th alley and the northern line of a 10 feet wide alley; thence along said northern line of a 10 feet wide alley South 61 degrees 49 minutes 00 seconds West a distance of 53.07 feet to a point; thence North 28 degrees 11 minutes 00 seconds West a distance of 132.50 feet to a point; thence along the southern line of 7th Street North 61 degrees 49 minutes 00 seconds East a distance of 53.07 feet to a point, the place of BEGINNING. HAVING thereon erected a two story frame dwelling known and numbered as 418 7th Street, New Cumberland, PA 17070. BEING the same premises which Daniel L. Schubert and Marie B. Schubert, by Deed dated February 6, 2006 and recorded on March 23, 2006 in and for Cumberland County, in D Book Volume 273, Page 3316, granted and conveyed unto Daniel L. Schubert, Individually.. Parcel No. 25-24-0811-012 Exhibit "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA METRO BANK f/k/a CIVIL DIVISION Commerce Bank/Harrisburg, N.A., Plaintiff, vs. DANIEL L. SCHUBERT, Defendant. NO.: 1.2-625 Civil Term NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST PURSUANT TO Pa.R.C.P. 3129(b) TO: MARIE BARR SCHUBERT C/O LAURIE A. SALTZGIVER, ESQUIRE MYERS, DESFOR, SALTZGIVER & BOYLE P.O. BOX 1062 HARRISBURG, PA 17108 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court o Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE South Hanover Street Carlisle, Pennsylvania 17013 on SEPTEMBER 5, 2012 at 10:00 a.m., the following described real estate which Daniel L. Schubert is the owner or reputed owner and on which you may hold a lien or have an interest which could be affected by the sale of- 4187 1h Street New Cumberland, Pennsylvania 17070 Cumberland County (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The said Writ of Execution has been issued on a judgment in the action of METRO BANK f/k/a COMMERCE BANKMARRISBURG, N.A., Plaintiff, vs. DANIEL L. SCHUBERT, Defendant. at EX. NO. 12-625 Civil Term in the amount of $56,039.67, plus interest and costs. Claims against property must be filed at the Office of the Sheriff before above sale Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from the sale date. Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. If you have any questions or comments with regard to the Sheriffs Sale or this Notice, you should contact your attorney as soon as possible. JAMES, SMl CONNELLY Dated: June 18, 2012 Scott A. ietterick, Esquire PA ID #55650 Attorney for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 K& LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the Borough of New Cumberland, Cumberland County, Pennsylvania, in accordance with a survey of Michael C. D'Angelo, R.S., dated September 7, 1978, as follows, to wit: BEGINNING at a point at the southwestern corner of the intersection of 7th Street and 20 feet wide alley known as 4th alley; thence South 28 degrees 11 minutes 00 seconds East aloe the western line of said Alley a distance of 132.50 feet to a point at the intersection of 4th alley and the northern line of a 10 feet wide alley; thence along said northern line of a 10 feet wide alley South 61 degrees 49 minutes 00 seconds West a distance of 53.07 feet to a point; thence North 28 degrees 11 minutes 00 seconds West a distance of 132.50 feet to a point; thence alonj the southern line of 7th Street North 61 degrees 49 minutes 00 seconds East a distance of 53.07 feet to a point, the place of BEGINNING. HAVING thereon erected a two story frame dwelling known and numbered as 418 7th Street, New Cumberland, PA 17070. BEING the same premises which Daniel L. Schubert and Marie B. Schubert, by Deed dated February 6, 2006 and recorded on March 23, 2006 in and for Cumberland County, in D Book Volume 273, Page 3316, granted and conveyed unto Daniel L. Schubert, Individually.. Parcel No. 25-24-0811-012 Exhibit "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA METRO BANK f/k/a CIVIL DIVISION Commerce Bank/Harrisburg, N.A., Plaintiff, vs. DANIEL L. SCHUBERT, Defendant. NO.: 12-625 Civil Term NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST PURSUANT TO Pa.R.C.P. 3129(b) TO: UNKNOWN SPOUSE OF DANIEL L. SCHUBERT 4187 1H STREET NEW CUMBERLAND, PA 17070 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland Coin directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE South Hanover Street Carlisle, Pennsylvania 17013 on SEPTEMBER 5, 2012 at 10:00 a.m., the following described real estate which Daniel L. Schubert is the owner or reputed owner and on which you may hold a lien or have an interest which could be affected by the sale of 4187 1h Street New Cumberland, Pennsylvania 17070 Cumberland County (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The said Writ of Execution has been issued on a judgment in the action of METRO BANK f/k/a COMMERCE BANK/HARRISBURG, N.A., Plaintiff, vs. DANIEL L. SCHUBERT, Defendant. at EX. NO. 12-625 Civil Term in the amount of $56,039.67, plus interest and costs. Claims against property must be filed at the Office of the Sheriff before above sale Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from the sale date. Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. If you have any questions or comments with regard to the Sheriffs Sale or this Notice, you should contact your attorney as soon as possible. JAMES, SMI CONNELLY Dated: June 18, 2012 By: Scott A. Diett c , PA ID #55650 Attorney for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 CK & LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the Borough of New Cumberland, Cumberland County, Pennsylvania, in accordance with a survey of Michael C. D'Angelo, R.S.; dated September 7, 1978, as follows, to wit: BEGINNING at a point at the southwestern corner of the intersection of 7th Street and 20 feet wide alley known as 4th alley; thence South 28 degrees 11 minutes 00 seconds East alo the western line of said Alley a distance of 132.50 feet to a point at the intersection of 4th alley and the northern line of a 10 feet wide alley; thence along said northern line of a 10 feet wide alley South 61 degrees 49 minutes 00 seconds West a distance of 53.07 feet to a point; thence North 28 degrees 11 minutes 00 seconds West a distance of 132.50 feet to a point; thence alon; the southern line of 7th Street North 61 degrees 49 minutes 00 seconds East a distance of 53.07 feet to a point, the place of BEGINNING. HAVING thereon erected a two story frame dwelling known and numbered as 418 7th Street, New Cumberland, PA 17070. BEING the same premises which Daniel L. Schubert and Marie B. Schubert, by Deed dated February 6, 2006 and recorded on March 23, 2006 in and for Cumberland County, in D Book Volume 273, Page 3316, granted and conveyed unto Daniel L. Schubert, Individually.. Parcel No. 25-24-0811-012 Exhibit "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA METRO BANK f/k/a CIVIL DIVISION Commerce Bank/Harrisburg, N.A., Plaintiff, vs. DANIEL L. SCHUBERT, Defendant. NO.: 12-625 Civil Term NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST PURSUANT TO Pa.R.C.P. 3129(b) TO: DEPARTMENT OF REVENUE PA INHERITANCE TAX DIVISION DEPARTMENT 280601 HARRISBURG, PA 17128-0601 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court o Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE South Hanover Street Carlisle, Pennsylvania 17013 on SEPTEMBER 5, 2012 at 10:00 a.m., the following described real estate which Daniel L. Schubert is the owner or reputed owner and on which you may hold a lien or have an interest which could be affected by the sale of- 4187 th Street New Cumberland, Pennsylvania 17070 Cumberland County (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A") The said Writ of Execution has been issued on a judgment in the action of METRO BANK f/k/a COMMERCE BANK/HARRISBURG, N.A., Plaintiff, vs. DANIEL L. SCHUBERT, Defendant. at EX. NO. 12-625 Civil Term in the amount of $56,039.67, plus interest and costs. Claims against property must be filed at the Office of the Sheriff before above sale Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from the sale date. Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. If you have any questions or comments with regard to the Sheriffs Sale or this Notice, you should contact your attorney as soon as possible. JAMES, SMITH, D CONNELLY IALP . Dated: June 18, 2012 By Scott A. Diet enc c, E PA ID #55650 Attorney for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 CK & LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the Borough of New Cumberland, Cumberland County, Pennsylvania, in accordance with a survey of Michael C. D'Angelo, R.S dated September 7, 1978, as follows, to wit: BEGINNING at a point at the southwestern corner of the intersection of 7th Street and 20 feet wide alley known as 4th alley; thence South 28 degrees 11 minutes 00 seconds East aloe the western line of said Alley a distance of 132.50 feet to a point at the intersection of 4th alley and the northern line of a 10 feet wide alley; thence along said northern line of a 10 feet wide alley South 61 degrees 49 minutes 00 seconds West a distance of 53.07 feet to a point; thence North 28 degrees 11 minutes 00 seconds West a distance of 132.50 feet to a point; thence alon the southern line of 7th Street North 61 degrees 49 minutes 00 seconds East a distance of 53.07 feet to a point, the place of BEGINNING. HAVING thereon erected a two story frame dwelling known and numbered as 418 7th Street, New Cumberland, PA 17070. BEING the same premises which Daniel L. Schubert and Marie B. Schubert, by Deed dated February 6, 2006 and recorded on March 23, 2006 in and for Cumberland County, in D Book Volume 273, Page 3316, granted and conveyed unto Daniel L. Schubert, Individually.. Parcel No. 25-24-0811-012 Exhibit "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA METRO BANK f/k/a CIVIL DIVISION Commerce Bank/Harrisburg, N.A., Plaintiff, vs. DANIEL L. SCHUBERT, Defendant. NO.: 12-625 Civil Term NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST PURSUANT TO Pa.R.C.P. 3129(b) TO: COMMONWEALTH OF PA DEPARTMENT OF WELFARE P.O. BOX 2675 HARRISBURG, PA 17105 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland Coui directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE South Hanover Street Carlisle, Pennsylvania 17013 on SEPTEMBER 5, 2012 at 10:00 a.m., the following described real estate which Daniel L. Schubert is the owner or reputed owner and on which you may hold a lien or have an interest which could be affected by the sale of.- 4187 th Street New Cumberland, Pennsylvania 17070 Cumberland County (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The said Writ of Execution has been issued on a judgment in the action of METRO BANK f/k/a COMMERCE BANK/HARRISBURG, N.A., Plaintiff, vs. DANIEL L. SCHUBERT, Defendant. at EX. NO. 12-625 Civil Term in the amount of $56,039.67, plus interest and costs. Claims against property must be filed at the Office of the Sheriff before above sale Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from the sale date. Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. If you have any questions or comments with regard to the Sheriffs Sale or this Notice, you should contact your attorney as soon as possible. JAMES, SMITI?,?T?ERICK & CONNELLY %? l1 Dated: June 18, 2012 --? - By: -- Scott A. Dietterick, Esquire PA ID #55650 Attorney for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the Borough of New Cumberland, Cumberland County, Pennsylvania, in accordance with a survey of Michael C. D'Angelo, R.S. dated September 7, 1978, as follows, to wit: BEGINNING at a point at the southwestern corner of the intersection of 7th Street and : 20 feet wide alley known as 4th alley; thence South 28 degrees 11 minutes 00 seconds East aloe the western line of said Alley a distance of 132.50 feet to a point at the intersection of 4th alley and the northern line of a 10 feet wide alley; thence along said northern line of a 10 feet wide alley South 61 degrees 49 minutes 00 seconds West a distance of 53.07 feet to a point; thence North 28 degrees 11 minutes 00 seconds West a distance of 132.50 feet to a point; thence alon; the southern line of 7th Street North 61 degrees 49 minutes 00 seconds East a distance of 53.07 feet to a point, the place of BEGINNING. HAVING thereon erected a two story frame dwelling known and numbered as 418 7th Street, New Cumberland, PA 17070. BEING the same premises which Daniel L. Schubert and Marie B. Schubert, by Deed dated February 6, 2006 and recorded on March 23, 2006 in and for Cumberland County, in D Book Volume 273, Page 3316, granted and conveyed unto Daniel L. Schubert, Individually.. Parcel No. 25-24-0811-012 Exhibit "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA METRO BANK f/k/a CIVIL DIVISION Commerce Bank/Harrisburg, N.A., : Plaintiff, vs. DANIEL L. SCHUBERT, Defendant. NO.: 12-625 Civil Term NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST PURSUANT TO Pa.R.C.P. 3129(b) TO: CUMBERLAND COUNTY DOMESTIC RELATIONS OFFICE CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland Coui directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE South Hanover Street Carlisle, Pennsylvania 17013 on SEPTEMBER 5, 2012 at 10:00 a.m., the following described real estate which Daniel L. Schubert is the owner or reputed owner and on which you may hold a lien or have an interest which could be affected by the sale of- 4187 tb Street New Cumberland, Pennsylvania 17070 Cumberland County (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The said Writ of Execution has been issued on a judgment in the action of METRO BANK f/k/a COMMERCE BANK/HARRISBURG, N.A., Plaintiff, vs. DANIEL L. SCHUBERT, Defendant. at EX. NO. 12-625 Civil Term in the amount of $56,039.67, plus interest and costs. Claims against property must be filed at the Office of the Sheriff before above sale Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from the sale date. Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. If you have any questions or comments with regard to the Sheriffs Sale or this Notice, you should contact your attorney as soon as possible. JAMES, SMIT D CONNELLY L'%i Dated: June 18, 2012 By: - ??C Scott A. Die enck, Esquire PA ID #55650 Attorney for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 CK & LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the Borough of New Cumberland, Cumberland County, Pennsylvania, in accordance with a survey of Michael C. D'Angelo, R.S.; dated September 7, 1978, as follows, to wit: BEGINNING at a point at the southwestern corner of the intersection of 7th Street and 20 feet wide alley known as 4th alley; thence South 28 degrees 11 minutes 00 seconds East aloe the western line of said Alley a distance of 132.50 feet to a point at the intersection of 4th alley and the northern line of a 10 feet wide alley; thence along said northern line of a 10 feet wide alley South 61 degrees 49 minutes 00 seconds West a distance of 53.07 feet to a point; thence North 28 degrees 11 minutes 00 seconds West a distance of 132.50 feet to a point; thence alon, the southern line of 7th Street North 61 degrees 49 minutes 00 seconds East a distance of 53.07 feet to a point, the place of BEGINNING. HAVING thereon erected a two story frame dwelling known and numbered as 418 7th Street, New Cumberland, PA 17070. BEING the same premises which Daniel L. Schubert and Marie B. Schubert, by Deed dated February 6, 2006 and recorded on March 23, 2006 in and for Cumberland County, in D Book Volume 273, Page 3316, granted and conveyed unto Daniel L. Schubert, Individually.. Parcel No. 25-24-0811-012 Exhibit "A" SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson LT THIE- PRO ` - f 11;y Sheriff TA RRY Jody S Smith Chief Deputy Richard W Stewart Solicitor ?attstit?' of ``:rn:tte?f?rt? err . 2111 AUG 23 PM 2: 02 c k ?1iMttY qA Metro Bank vs. Daniel Lee Schubert Case Number 2012-625 SHERIFF'S RETURN OF SERVICE 06/16/2012 01:22 PM - Deputy Shawn Harrison, being duly sworn according to law, states service was performed by postiing a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action, upon the property located at 418 7th Street, New Cumberland Borough, New Cumberland, PA 17070, Cumberland County. 06/18/2012 08:53 PM - Deputy Ryan Burgett, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Daniel Lee Schubert at 418 7th Street, New Cumberland Borough, New Cumberland, PA 17070, Cumberland County. 08/22/2012 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: $850.39 SO ANSWERS, August 22, 2012 RON R ANDERSON, SHERIFF ,? ?CUnySw;e S7°:g.?i?i, T6ierrsC; C. Inc. i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA METR O BANK f/k/a CIVIL. DIVISION Comrr erce Bank/Harrisburg, N.A., Plaintiff, vs. DANE L L. SCHUBERT, Defendant. NO.: 12-625 Civil Term AFFIDAVIT PURSUANT TO RULE 3129.1 Metro Bank f/k/a Commerce Bank/Harrisburg, N.A., Plaintiff in the above action, sets foi th as of the date the Praecipe for Writ of Execution was filed the following inform?tion concerning the real property located at 418 7th Street, New Cumberland, Penns) lvania 17070: 1. Name and Address of Owner(s) or Reputed Owner(s): DANIEL L. SCHUBERT 4187 1h Street New Cumberland, PA 17070 2. Name and Address of Defendant(s) in the Judgment: DANIEL L. SCHUBERT 3 4187 1h Street New Cumberland, PA 17070 Name and Address of every judgment creditor whose judgment is a record lien on the real property to be sold: METRO BANK f/k/a Commerce Bank/ Plaintiff Harrisburg, N.A. 4. Name and Address of the last record holder of every mortgage of record: METRO BANK f/k/a Commerce Bank/ Plaintiff Harrisburg, N.A. 5. 6 7 Name and Address of every other person who has any record lien on the property: CUMBERLAND COUNTY TAX CLAIM BUREAU Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Name and Address of every other person who has any record interest in the property and whose interest may be affected by the sale: UNKNOWN SPOUSE OF DANIEL L. SCHUBERT 418 7`h Street New Cumberland, PA 17070 DEPARTMENT OF REVENUE COMMONWEALTH OF PA PA Inheritance Tax Division Department 280601 Harrisburg, PA 17128-0601 Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 Name and Address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: CUMBERLAND COUNTY DOMESTIC Cumberland County Courthouse RELATIONS OFFICE One Courthouse Square Carlisle, PA 17013 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. JAMES, SMITH DATED: I 5 ?' Q BY: Scott V Dietterick, Esquire Pa. I.D. #55650 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 ONNELLY LLP A I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA METRO BANK f/k/a CIVIL DIVISION Commerce Bank/Harrisburg, N.A., Plaintiff, VS. DANIEL L. SCHUBERT, Defendant. NO.: 12-625 Civil Term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 Daniell L. Schubert 418 7" Street New Cumberland, PA 17070 TAKE NOTICE: That the Sheriffs Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013 on Wednesday, September 5, 2012, at 10:00 a.m. prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A") The LOCATION of your property to be sold is: 4187 th Street New Cumberland, Pennsylvania 17070 Cumberland County 0 The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 12-625 Civil Term THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: Daniel L. Schubert A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff thirty (30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it, within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, South Hanover Street, 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 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 Cumberland County Court Administrator Cumberland County Courthouse One Courthouse Square, 4th Floor Carlisle, Pennsylvania 17013 (717) 240-6200 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 used against you. 2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the 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 presentation 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, Cumberland County Courthouse, One Courthouse Square, 4th Floor, Carlisle, Pennsylvania 17013, before presentation of the petition to the Court. JAMES, SMITHI pIFITTIJJICJ?, & CONNELLY LLP f.. -I -I a- DATED-3 BY: o ietterick, Esquire Pa. I.D. #55650 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 VIA CERTFIED MAIL, RETURN RECEIPT REQUESTED AND VIA PERSONAL SERVICE BY CUMBERLAND COUNTY SHERIFF LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the Borough of New Cumberland, Cumberland County, Pennsylvania, in accordance with a survey of Michael C. D'Angelo, R.S., dated September 7, 1978, as follows, to wit: BEGINNING at a point at the southwestern corner of the intersection of 7th Street and a 20 feet wide alley known as 4th alley; thence South 28 degrees 11 minutes 00 seconds East along the western line of said Alley a distance of 132.50 feet to a point at the intersection of 4th alley and the northern line of a 10 feet wide alley; thence along said northern line of a 10 feet wide alley South 61 degrees 49 minutes 00 seconds West a distance of 53.07 feet to a point; thence North 28 degrees 11 minutes 00 seconds West a distance of 132.50 feet to a point; thence along the southern line of 7th Street North 61 degrees 49 minutes 00 seconds East a distance of 53.07 feet to a point, the place of BEGINNING. HAVING thereon erected a two story frame dwelling known and numbered as 418 7th Street, New Cumberland, PA 17070. BEING the same premises which Daniel L. Schubert and Marie B. Schubert, by Deed dated February 6, 2006 and recorded on March 23, 2006 in and for Cumberland County, in Deed Book Volume 273, Page 3316, granted and conveyed unto Daniel L. Schubert, Individually.. Parcel No. 25-24-0811-012 Exhibit "A" ,. ' ' ~ ~ WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 12-625 Civil COUNTY OF CUMBERLAND) CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due METRO BANK f/k/a COMMERCE BANK/HARRISBURG, N.A., Plaintiff (s) From DANIEL L. SCHUBERT (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: $56,039.67 L.L.: $.50 Interest from 3/16112 to date of sale - $1,747.30 Atty's Conan: % Due Prothy: $2.25 Atty Paid: $196.25 Other Costs: Plaintiff Paid: Date: 3/16/12 David D. Buell, Prothonot ~f (Seal) 11~~ ~C/ l/l~lnii_ ~~ Deputy REQUESTING PARTY: Name: SCOTT A. DIETTERICK, ESQUIRE Address: JAMES SMITH DIETTERICK & CONNELLY LLP PO BOX 650 HERSHEY, PA 17033 Attorney for: PLAINTIFF Telephone: 717-533-3280 Supreme Court ID No. 55650 TRt~ CORY FRflM REC RD in Testimony whwoo~ !hens unto set hand c ~ ~aa~a~l otstrldCarlWa, \-L_~eki.~u.~. . ~ j 1a2...._ ~~ On April 3, 2012 the Sheriff levied upon the defendant's interest in the rea! property situated in New Cumberland Borough, Cumberland Coun y, PA, known and numbered 418 7t" Street, New Cumberland, PA 17070 more fully described on Exhibit "A" filed with this writ and by th reference incorporated herein. Date: April 3, 2012 By:~ 11 ~ ~ ~ u Claudia Brewbaker, Real Estate Coordinator ~~ ,, The Patriot-News Co. 2020 Te~;rinolugy Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 c'I~e pahiot•News 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. 2otz~ Ci!MI arm Mti~4 9~nlc ~ This ad ran on the date(s) shown below: DanIM 1,M- sialwti~rt ~- 07/27/12 ALL THAT (:ERTAIId trail of end situate in the Borough of New Clu~erland, 08/03/12 C~-mberland County, Pennsylvania, in aocordancergith e~utvey.of Michael C. D' !- `~ 08/10/12 Angelo, R.S., dated September 7,1978, as \_.. ' ! follows, to wit: ~~ BEGINNING at a point at the ............. .. "~-.`-- -----__..._ southwestern comer ad the intersection of 7th Street and a ZO feet wide,aUey /mown as 4th~ey;theaaSoutlt28degtersII Sworn to end subscribed befor~ day of August, 2012 A.D. minutes d0 secon<!s P,iiat atrnlg'thcrvvestem line of said Alley a distaoae of 132.10 feet ', ,, . to a point at the inter ion of4th alley '~~ ' ' ,- ° t. ,~-~ . _. t,. ,~ _. y .._ .> and the northern Line of a 10 feet wide ~" - ~~ t- `~ ` , ( , alley; thence abng said northern line of Notary P U bl IC a 10 felt wide a!•ey South 61 degrees 49 minutes 0o seecmc~ west a distance of 53.07 feet to a point; thence North 28 degrees 11 mimuks 00 seconds West a distanceaf1325ttfattoapoinf;thence CnMM01~W~ALT?i OF PEht~#SYl_!/A_f9iA alongthesoathetnline~'7thSU~atNort6 ~vorar~al ,e31 6l degrees49mioretks00semndsEasta '.8 ~ tis.tri ~ )v,ei ~ Eu,ra y ~u! is dista>xe ~ 53.07 feet to a point, the place i ~ ~ r~ u t c s wry s a,~a, ~ c,,r rv ofBEGIl~tVING. ~~ ~ ~`~+ ~ ~~irr L,, Ex~itt rJO_ 26 ~7JI3 ~ HAVjN(7tbEiCO~ er'eL7ed l{fiW0 t-0E ~lE M ~-N7 ~ i L 4 ~TF !1a t i ,',?+~~ ~~, fiCTARIES flame dwel6~ ~nowtl and nupabered as ~ 418 7th Street, New Cumberland, P A 1707(1. --_, BEING the same premises which Daniel L. CUMBERLAND LAW JOURNAL Writ No. 2012-625 Civil Term Metro Bank vs. Daniel Lee Schubert Atty.: Scott A. Dietterick ALL THAT CERTAIN tract of land situate in the Borough of New Cum- berland, Cumberland County, Penn- sylvania, in accordance with a survey of Michael C. D' Angelo, R.S., dated September 7, 1978, as follows, to wit: BEGINNING at a point at the southwestern corner of the intersec- tion of 7th Street and a 20 feet wide alley known as 4th alley; thence South 28 degrees II minutes 00 sec- onds East along the western line of said Alley a distance of 132.50 feet to a point at the intersection of 4th alley and the northern line of a 10 feet wide alley; thence along said northern line of a 10 feet wide alley South 61 degrees 49 minutes 00 sec- ondsWest adistance of 53.07 feet to a point; thence North 28 degrees 11 minutes 00 seconds West a distance of 132.50 feet to a point; thence along the southern line of 7th Street North 61 degrees 49 minutes 00 seconds East a distance of 53.07 feet to a point, the place of BEGINNING. HAVING thereon erected a two story frame dwelling known and numbered as 418 7th Street, New Cumberland, P A 17070. BEING the same premises which Daniel L. Schubert and Marie B. Schubert, by Deed dated February 6, 2006 and recorded on March 23, 2006 in and for Cumberland County, in Deed Book Volume 273, Page 3316, granted and conveyed unto Daniel L. Schubert, Individually .. Parcel No. 25-24-0811-012. 90 w 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 anc State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Lai Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesa 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 regulaxl; 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, July 27, Au>;ust 3, and August 10, 2012 Affiant further deposes that he is authorized to verify this statement by the Cuml Law Journal, a legal periodical of general circulation, and that he is not interested in the 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. / I,ilsa Mane Coyne, Edrtglr SWORN TO AND SUBSCRIBED before me this 10 da of Au st, 2012 Notary ~_. NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 +_ r~` ~-'~~OI~~~ON TAR t' IN THE COURT OF COMMON PLEAS OF ~~ ~ Z AU'G 2 7 Pik : ~ (~ CUMBERLAND COUNTY, PENNSYLVANIA CtlM~~RI.AN~ ~~ NTY METRO BANK f/k/a CIVIL DIVISION~~N~~Y~'YA~ Commerce Bank/Harrisburg, N.A., Plaintiff, NO.: 12-625 Civil Term vs. DANIEL L. SCHUBERT, Defendant. PRAECIPE TO SATISFY JUDGMENT TO THE PROTHONOTARY: Please mark the judgment filed at the above-captioned term and number satisfied prejudice. Respectfully submitted: JAMES, SMIaH, Date: u ~~ (~' BY: & CONNELLY Ll '5do . Dietterick, Esquire PA I. . #55650 Attorney for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 W~"d .~~ Q~'J Ck /330 1 r2~a~9~~