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HomeMy WebLinkAbout12-2026WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY, LLP By: Peter E. Meltzer Identification No.: 39828 By: James H. Curry, III Identification No.: 306954 The Fulton Bank Building 200 North Third Street, Suite 9A Harrisburg, PA 17101 (267) 295-3363 METRO BANK f/k/a COMMERCE BANK/ HARRISBURG, N.A. 3801 Paxton Street Harrisburg, PA 17111 V. JEFFREY J. NOPHSKER 1249 Rossmoyne Road Mechanicsburg, PA 17055 UNITED STATES OF AMERICA Harrisburg Federal Building and Courthouse 228 Walnut Street, Suite 220 P.O. Box 11754 Harrisburg, PA 17108 ttoll Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. aOi Q--c6Q& ?lvl? NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with this 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. 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 THE INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CV?11 J63.>Sdal? CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND LAW JOURNAL 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 TELEPHONE: 717-249-3166 FAX: 717-249-2663 TOLL FREE (IN PA): 1-800-990-9108 AVISO PARA DEFENDER USTED HA SIDO DEMANDADO/A EN LA CORTE. Si usted desea defender conta la demanda puestas en las siguientes paginas, usted tienen que tomar accion dentro veinte (20) dias despues que esta Demanda y Aviso es servido, con entrando por escrito una aparencia personalmente o por un abogado y archivando por escrito con la Corte sus defensas o objeciones a las demandas puestas en esta contra usted. Usted es advertido que si falla de hacerlo el caso puede proceder sin usted y un jazgamiento puede ser entrado contra usted por la Corte sin mas aviso por cualquier dinero reclamado en la Demanda o por cualquier otro reclamo o alivio solicitado por Demandante. Usted puede perder dinero o propiedad o otros derechos importante para usted. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA O LLAME POR TELEFONO LA OFICINA FUADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND LAW JOURNAL 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 TELEPHONE: 717-249-3166 FAX: 717-249-2663 TOLL FREE (IN PA): 1-800-990-9108 WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY, LLP By: Peter E. Meltzer Identification No.: 39828 By: James H. Curry III Identification No.: 306954 Fulton Bank Building 200 North Third Street, Suite 9A Harrisburg, PA 17101 (717) 237-6940 Attorneys for Plaintiff METRO BANK ffk/a COMMERCE BANK/ HARRISBURG, N.A. 3801 Paxton Street Harrisburg, PA 17111 V. JEFFREY J. NOPHSKER 1249 Rossmoyne Road Mechanicsburg, PA 17055 UNITED STATES OF AMERICA Harrisburg Federal Building and Courthouse 228 Walnut Street, Suite 220 P.O. Box 11754 Harrisburg, PA 17108 COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. COMPLAINT IN MORTGAGE FORECLOSURE AND NOW, comes the plaintiff, Metro Bank f/k/a Commerce Bank/Harrisburg, N.A., by and through its attorneys, Weber Gallagher Simpson Stapleton Fires & Newby, LLP, and files this Complaint in Mortgage Foreclosure pursuant to the Pennsylvania Rules of Civil Procedure and avers the following: PARTIES 1. Plaintiff is a banking institution with an address as listed above. Plaintiff was formerly operating as Commerce Bank/Harrisburg, N.A. and is currently known as Metro Bank. 2. Defendant, Jeffrey J. Nophsker, (hereinafter "Defendant Nophsker"), is the individual named above residing at the address listed above. 3. Defendant, United States of America, is a government agency with an address at 228 Walnut Street, Suite 220, P.O. Box 11754, Harrisburg, PA 17108. Said Defendant is named as a Defendant as a result of a federal tax lien filed on March 4, 2008, which has been imposed by the Internal Revenue Service against the mortgaged property, as defined herein in the amount of $30,276.92. VENUE 4. Venue is proper in Cumberland County under Pa. R.Civ.P. 1142 in that said County is the county where the cause of action arose and the county where the transaction or occurrence took place out of which the cause of action arose and the county where the real property which secures the loan made by Plaintiff to Defendant is located. FACTS 5. On or about April 5, 2006, Plaintiff loaned Defendant Nophsker, the principal sum of $123,000.00 with interest in accordance with the terms and conditions of a certain Promissory Note of April 5, 2006, executed by Defendant Nophsker in favor of Plaintiff (the "Note"). A true and correct copy of the Note is attached hereto as Exhibit 1. 6. The Note is secured by a Mortgage executed by Defendant Nophsker in favor of Plaintiff (the "Mortgage") granting Plaintiff a mortgage lien on real estate located at 1249 Rossmoyne Road, Mechanicsburg, PA 17055 (the "Property"); Parcel ID No.: 13-26- 024. The Mortgage was recorded on April 11, 2006 with the Cumberland County Recorder of Deeds Book 1946, Page 1845. A true and correct copy of the Mortgage is attached hereto as Exhibit 2. 7. Upon information and belief, the Property consists of a residential dwelling. 8. Defendant Nophsker is the owner of the Property. 9. Plaintiff is the holder of the Note and Mortgage and there have been no assignments of the Note and Mortgage. 10. As a result of the failure to make payments due under the Note since January 10, 2012 and thereafter, the entire unpaid balance of principal indebtedness, together with all accrued and unpaid interest, and all of Plaintiffs costs as authorized in the Note are immediately due and payable, comprised as follows: Principal Balance Due: $ 105,091.49 Interest Due through March 20, 2012: $ 1,290.38 Late Charges: $ 976.41 Attorney's Fees: $ 5,319.09 Costs of Suit and Title Search: $ 500.00 Total Sum Due $ 113,177.37 Interest accrues on the Note from and after March 21, 2012, at the per diem rate of $21.51. 11. The attorneys' fees set forth above are in conformity with the mortgage documents and/or Pennsylvania law and will be collected in the event of a third-party purchaser at Sheriff s Sale. If the mortgage is reinstated prior to sale, reasonable attorneys' fees will be charged based on work actually performed. 12. Act 6, the Act of January 30, 1974, P.L. 13, No. 6, 41 P.S. §403 et s.., and the Homeowner's Emergency Assistance Act, Act of December 23, 1983, P.L. 395, No. 91, 35 P.S. §1680.401(c) et sec., have been complied with or are not applicable. WHEREFORE, Plaintiff demands in rem judgment for foreclosure and sale of the property against Defendant(s) in the amounts and with the per diem interest set forth in paragraph 10 above, together with interest at the rate set forth in the Note from the date of judgment, and other damages and relief as the court may deem just. Respectfully submitted, WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY, LLP Dated: March 27, 2012 EXHIBIT I PROMISSORY NOTF cr - ------------- --- -- Principal Loan `Dale Maturity Loan No Calf / Coll %krow is O icer Initials $12:104-05-2006 04-10-2026 400213443 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: Jeffrey J. Nophsker (SSN: 040-68-9210) 1249 Rossmoyne Road Mechanicsburg, PA 17055 Lender: COMMERCE BANKIHARRISBURG N.A. CAMP HILL 100 SENATE AVENUE CAMP HILL, PA 17011 (717) 972-2875 Principal Amount: $123,000.00 Interest Rate: 7.490% Date of Note: April 5, 2006 PROMISE TO PAY. I ("Borrower") promise to pay to COMMERCE BANKMARRISBURG N.A. ("Lender"), or order, in lawful money of the United States of America, the principal amount of One Hundred Twenty-three Thousand & 00/100 Dollars (5123,000.00), together with interest at the rate of 7.490% per annum on the unpaid principal balance from April 10, 2006, until paid in full. The interest rate may change under the terms and conditions of the "PREFERRED RATE REDUCTION" section. Unless waived by Lender, any increase in the interest rate will increase my number of payments. PAYMENT. I will pay this loan in 240 payments of $990.61 each payment. My first payment is due May 10, 2006, and all subsequent payments are due on the same day of each month after that. My final payment will be due on April 10, 2026, 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. Followirg 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%). Rules. THERE IS AN ADMINISTRATIVE FEE OF $25.00. PREPAYMENT. I may pay without penalty all or a portion of the amount owed earlier than it is due. Early payments will not, unless agreed to by Lender in writing, relieve me of my obligation to continue to make payments under the payment schedule. Rather, early payments will reduce the principal balance due and may result in my making fewer payments. I agree not to send Lender payments marked "paid in full", "without recourse", or similar language. 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°x6 of the regularly scheduled payment. INTEREST AFTER DEFAULT. Upon default, including failure to pay upon final maturity, Lender, at its option, may, if permitted under applicable law, increase the interest rate on this Note 2.000 percentage points. The interest rate will not exceed the maximum rate permitted by applicable law. If judgment is entered in connection with this Note, interest will continue to accrue on this Note after judgment at the existing interest rate provided for in this Note. DEFAULT. I will be in default under this Note if any of the following happen: Payment Default. I fail to make any payment when due under this Note. Break Other Promises. I break any promise made to Lender or fail to perform promptly at the time and strictly in the manner provided in this Note or in any agreement related to this Note, or in any other agreement or loan I have with Lender. Default in Favor of Third Parties. I or any Grantor defaults under any loan, extension of credit, security agreement, purchase or sales agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of my property or my ability to repay this Note or perform my obligations under this Note or any of the related documents. False Statements. Any representation or statement made or furnished to Lender by me or on my behalf under this Note or the related documents is false or misleading in any material respect, either now or at the time made or furnished. Death or Insolvency. Any Borrower dies or becomes insolvent; a receiver is appointed for any part of my property; I make an assignment for the benefit of creditors; or any proceeding is commenced either by me or against me under any bankruptcy or insolvency laws. Taking of the Property. Any creditor or governmental agency tries to take any of the property or any other of my property in which Lender has a lien. This includes taking of, garnishing of or levying on my accounts with Lender. However, if I dispute in good faith whether the claim on which the taking of the property is based is valid or reasonable, and if I give Lender written notice of the claim and furnish Lender with monies or a surety bond satisfactory to Lender to satisfy the claim, then this default provision will not apply. Defective Collateralization. This Note or any of the related documents ceases to be in full force and effect (including failure of any collateral document to create a valid and perfected security interest or lien) at any time and for any reason. Collateral Damage or Loss. Any collateral securing this Note is lost, stolen, substantially damaged or destroyed and the loss, theft, substantial damage or destruction is not covered by insurance. Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party of any of the indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any guaranty of the indebtedness evidenced by this Note. In the event of a death, Lender, at its PROMISSORY NOTE Loan No: 400213443 (Continued) Page 2 option, m4y, but shall not be required to, permit the guarantor's estate to assume unconditionally the obligations arising under the guaranty in a manner satisfactory to Lender, and, in doing so, cure any Event of Default. Insecurity. Lender in good faith believes itself insecure. Cure Provisions. If any default, other than a default in payment is curable and if I have not been given a notice of a breach of the same provision of this Note within the preceding twelve (12) months, it may be cured if 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 115) days, immediately initiate steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continue and complete all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. LENDER'S RIGHTS. Upon default, Lender may, after giving such notices as required by applicable law, declare the entire unpaid principal balance on this Note and all accrued unpaid interest immediately due, and then 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. I authorize Lender, to the extent permitted by applicable law, to charge or setoff all sums owing on the indebtedness against any and all such accounts. COLLATERAL. 1 acknowledge this Note is secured by 1249 Rossmoyne Road, Mechanicsburg, Lower Allen Township, 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 PO BOX 1195 CAMP HILL, PA 17011-1195. GENERAL PROVISIONS. If any part of this Note cannot be enforced, this fact will not affect the rest of the Note. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them. I and any other person who signs, guarantees or endorses this Note, to the extent allowed by law, waive presentment, demand for payment, and notice; of dishonor. Upon any change in the terms of this Note, and unless otherwise expressly stated in writing, no party who signs this Note, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew or extend (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 that Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modification is made. The obligations under this Note are joint and several. This means that the words "I", "me", and "my" mean each and all of the persons signing below. PRIOR TO SIGNING THIS NOTE, 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. BORROWER: (Seal) J y J?_N p ker 145ER PRO -d- - 5.]0.00004 CPP.. --d F'm-- 5PI-- Inc. 1997, 2006 - RigF- Resn - PA H NINAMS%L-N'CFI. EPI' D20 FC ?4.19565 PP..]. EXHIBIT 2 !) b15-! Parcel Identification Number: 13-26-0247-039 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 1H", SH, PR 11 Aft 3 18 SEND TAX NOTICES TO: COMMERCE BANK/HARRISBURG N.A. LOAN SERVICING 100 SENATE AVENUE CAMP HILL PA 17011 FOR RECORDER'S USE ONLY MORTGAGE Amount Secured Hereby: $123,000.00 THIS MORTGAGE dated April 5, 2006, is made and executed between Jeffrey J. Nophsker, whose address is 1249 Rossmoyne Road, Mechanicsburg, PA 17055 (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 property located at 1249 Rossmoyne Road, Mechanicsburg, Lower Allen Township, Cumberland County, Pennsylvania, as recorded in deed book 156, page 1032, in the Office of the Recorder of Deeds of Cumberland County. The Real Property or its address is commonly known as 1249 Rossmoyne Road, Mechanicsburg, PA 17055. The Real Property parcel identification number is 13-26-024 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: O? BTK 1946FIG 1845 MORTGAGE Loan No: 400213443 (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 BKI946PG1846 MORTGAGE Loan No: 400213443 (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 docurnent. 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. BL'1946PG1847 MORTGAGE Loan No: 400213443 (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 all or any part of the Property together or separately, in one sale or by separate sales. Lender shall be entitled to bid at any public sale on all or any portion of the Property. Election of Remedies. All of Lender's rights and remedies will be cumulative and may be exercised alone or together. An election by Lender to choose any one remedy will not bar Lender from using any other remedy. If Lender decides to spend money or to perform any of Grantor's obligations under this Mortgage, after Grantor's failure to do so, that decision by Lender will not affect Lender's right to declare Grantor in default and to exercise Lender's remedies. Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Mortgage, Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and upon any appeal. Whether or not any court action is involved, and to the extent not prohibited by law, all reasonable expenses Lender incurs that in Lender's opinion are necessary at any time for the protection of its interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph include, without limitation, however subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services, the cost of searching records, obtaining title reports (including foreclosure reports), surveyors' reports, and appraisal fees and title insurance, to the extent permitted by applicable lar:. 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 April 5, 2006 in the original principal amount of $123,000.00 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 Jeffrey J. Nophsker and includes all co-signers and co-makers signing the Note and all their successors and assigns. 9K1946PG1848 MORTGAGE Loan No: 400213443 (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, et seq. ("CERCLA"), the Superfund Amendments and Reauthorization Act of 1986, Pub. L. No. 99-499 ("SARA"), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq., or other applicable state or federal laws, rules, or regulations adopted pursuant thereto. Event of Default. The words "Event of Default" mean any of the events of default set forth in this Mortgage in the events of default section of this Mortgage. Grantor. The word "Grantor" means Jeffrey J. Nophsker. 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 April 5, 2006, in the original principal amount of $123,000.00 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. GRANTOR: X (Seal) ale ey phs er BKI946PG18 9 MORTGAGE Loan No: 400213443 (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 Attomeq--or, A for Mortgagee INDIVIDUAL ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA ) SS COUNTY OF ) On this, the 15 day of 20 (D(,Ic> , before me undersigned Notary Public, personally appeared Jeffrey J. Nophsker, known to me (or satisfactorily proven) to bet on 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, I hereunto set my hand and off ial s I. ` w1wv1.••? - • . - - Notary Public in and for the State of Notarial Seal Sheri L. Me0-Hotter. Notary PubAc Came HIH Boro, ECumbetl?td My Comrttission pr USER PRO L-ding. Vs. 5.30.00.004 Copt. NM-d Fb,-W SON0011, Inc. 1997, 2006. All Right, Rme - PA W; NlNAPPSILPWIMCFIILK1G03.FC TP 19565 PR-74 8K1, 946P 1850 ALL THAT CERTAIN lot or parcel of land situate in LOWER ALLEN TOWNSHIP, Cumberland County, Pennsylvania, bounded and described pursuant to a boundary survey performed by ACT ONE Consultants, Inc., dated April 24, 1997, as recorded with Deed in Deed Book 156, Page 1032, as follows: BEGINNING at an iron pin on the northern right of way line of Rossmoyne Road at the dividing line of land now or formerly of Thomas O. Williams and the premises herein described, said pint also being located 408 feet more or less (measured-along the right of way for Rossmoyne Road), from the northeast corner of Rossmoyne Road and the Pennsylvania Turnpike right of way; thence by the northern right of way line of Rossmoyne Road, North 48 degrees 14'28" West, 156.87 feet to an iron pin at a buried iron pipe; thence by line of land now or formerly of Floyd G. Kautz, North 55 degrees 00'23" East, 154.51 feet to an iron pin over a buried iron pin; thence by line of land now or formerly of Richard E. Hammon and land now or formerly of Thomas O. Williams, South 34 degrees 41'22" East, 156.94 feet to an iron pin; thence by land now or formerly of Thomas O. Williams, South 57 degrees 4'10" West, 117.80 feet to an iron pin, the place of BEGINNING. HAVING THEREON erected a dwelling commonly known as 1249 Rossmoyne Road. i'l a` Uti1jCt`, PA 'O (N0PHSKER.PFD/N0PHSKER118) 1946PG 1'51 EXHIBIT 3 VERIFICATION I, John T. Robertson, an authorized representative of Metro Bank am duly authorized to make this Verification on behalf of Metro Bank, and do hereby verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I further understand that the statements therein made are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. 4ohn Robertson- Vice President SHERIFF'S OFFICE OF CUMBERLAND COUNTY r:: == Ronny R Anderson Sheriff Jody S Smith Galnit,rrl,rr?d Chief Deputy -- = Richard W Stewart - Solicitor c - ? OF Metro Bank Case Number vs. Jeffrey J Nophsker (et al.) 2012-2026 SHERIFF'S RETURN OF SERVICE 04/02/2012 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: United States of America, but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of Dauphin County, Pennsylvania to serve the within Complaint In Mortgage Foreclosure according to law. 04/05/2012 10:50 AM - Dauphin County Return: And now April 5, 2012 at 1050 hours I, Jack Lotwick, Sheriff of Dauphin County, Pennsylvania, do hereby certify and return that I served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: United States of America by making known unto Susan Melendez, Administrative Assistant for The United States of America at Federal Building, 228 Walnut Street, Suite 220, Harrisburg, Pennsylvania 17108 its contents and at the same time handing to her personally the said true and correct copy of the same. 04/12/2012 06:54 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on April 12, 2012 at 1854 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Jeffrey J. Nophsker, by making known unto himself personally, at 1249 Rossmoyne Road, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to him personally the said true and correct copy of the same. S SHALL, EPUTY SHERIFF COST: $63.00 April 13, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF Cptlitt of the,*4erfff William T. Tully Solicitor Dauphin County 101 Market Street Harrisburg, Pennsylvania 17101-2079 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin Jack Duignan Chief Deputy Michael W. Rinehart Assistant Chief Deputy METRO BANK F/K/A COMMERCE BANK / HARRISBURG, N.A. VS UNITED STATES OF AMERICA Sheriff s Return No. 2012-T-1022 OTHER COUNTY NO. 2012-2026 And now: APRIL 5, 2012 at 10:50:00 AM served the within COMPLAINT IN MORTGAGE FORECLOSURE upon UNITED STATES OF AMERICA by personally handing to SUSAN MELENDEZ 1. true attested copy of the original COMPLAINT IN MORTGAGE FORECLOSURE and making known to him/her the contents thereof at FEDERAL BLDG 228 WALNUT ST. HARRISBURG PA 17108 ADMINISTRATIVE ASSISTANT Sworn and subscribed to before me this 6TH day of April, 2012 1613M4z COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Karen M. Hoffman, Notary Public City of Harrisburg, Dauphin County M Commission Expires August 17, 2014 So Answers, ? D ?z Sher of By Sheriff - v : J AVILES s Costs: $41.25 4/4/2012 r WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY, LLP By: James H. Curry III Identification No.: 306954 Fulton Bank Building 200 North Third Street, Suite 9A Harrisburg, PA 17101 (717) 237-6940 F THE FILED- ROTOFFINCE 2912 JUL -5 Phi 3:25 CUMBERLAND COUNTY PENNSYLVANIA Attorneys for Plaintiff METRO BANK f/k/a COMMERCE BANK/ HARRISBURG, N.A. V. JEFFREY J. NOPHSKER UNITED STATES OF AMERICA Praecipe for Judement To the Prothonotary: Enter in rem judgment in the sum of $115,263.84 in favor of the Plaintiff, Metro Bank f/k/a Commerce Bank, and against Defendants, Jeffrey J. Nophsker and the United States of America, because of Defendants' failure to file an answer within twenty (20) days of service of the Complaint, and assess damages as follows: Amount claimed in Complaint: Per diem interest from 03/21/12 to 06/25/12 at the rate of $21.51 per day Per diem interest from and after 06/26/12 at the rate of $21.51 per day REAL DEBT COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 2012-2026 - Civil $113,177.37 $ 2,086.47 $115,263.84 *,I U--?b Ct.? 4 gqn ip- 1+a-7 7 Inc, h 6 o?, ASSESSMENT OF DAMAGES AND NOW, this 5 day of N012, a assessed u -A w WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY, LLP By: Peter E. Meltzer Identification No.: 39828 By: James H. Curry III Identification No.: 306954 Fulton Bank Building 200 North Third Street, Suite 9A Harrisburg, PA 17101 (717) 237-6940 Attorneys for Plaintiff METRO BANK f/k/a COMMERCE BANK/ HARRISBURG, N.A. V. JEFFREY J. NOPHSKER UNITED STATES OF AMERICA COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 2012-2026 - Civil CERTIFICATION OF AS TO COMPLIANCE WITH PA. R. CIV. P. 237.1 I hereby certify that I am the attorney for the plaintiff in this action and further certify that on June 7, 2012, I caused the 10-day notice required by Pa. R. Civ. P. 237.1 to be sent to Defendants, Jeffrey J. Nophsker and the United States of America. These notices were sent a: said Defendants' failure to plead to the Complaint and I hereby further certify that said Defendants failed to answer the Complaint. A copy of the 10-day Notices are attached hereto Exhibits "A" and "B". H. DATED: June 26, 2012 WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY, LLP By: Peter E. Meltzer Identification No.: 39828 By: James H. Curry, III Identification No.: 306954 Fulton Bank Building 200 North Third Street, Suite 9A Harrisburg, PA 17101 (717) 237-6940 METRO BANK f/k/a COMMERCE BANK/ HARRISBURG, N.A. 3801 Paxton Street Harrisburg, PA 17111 V. JEFFREY J. NOPHSKER 1249 Rossmoyne Road Mechanicsburg, PA 17055 UNITED STATES OF AMERICA Harrisburg Federal Building and Courthouse 228 Walnut Street, Suite 220 P.O. Box 11754 Harrisburg, PA 17108 To: Jeffrey J. Nophsker Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 20120-02026 CIVIL IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITT APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COU YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLI YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OI CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 So. Bedford Street Carlisle, PA 17013 Telephone: (717) 800-990-9108 WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY, LLP Dated: June 7. 2012 By: ?PETER E. LT , ESQUIRE JAMES H. CURRY III, ESQUIRE Attorneys for Plaintiff This is an attempt by a debt collector to collect a debt. Any information obtained will be use for that aurnose WEBER GALLAGHER SIMPSON STAPLETON•FIRES & NEWBY, LLP By: Peter E. Meltzer Identification No.: 39828 By: James H. Curry, III Identification No.: 306954 Fulton Bank Building 200 North Third Street, Suite 9A Harrisburg, PA 17101 (717) 237-6940 METRO BANK f/k/a COMMERCE BANK/ HARRISBURG, N.A. 3801 Paxton Street Harrisburg, PA 17111 V. JEFFREY J. NOPHSKER 1249 Rossmoyne Road Mechanicsburg, PA 17055 UNITED STATES OF AMERICA Harrisburg Federal Building and Courthouse 228 Walnut Street, Suite 220 P.O. Box 11754 Harrisburg, PA 17108 To: United States of America Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 20120-02026 CIVIL IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITT N APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE CO T YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY E ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY R OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS 01 CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 So. Bedford Street Carlisle, PA 17013 Telephone: (717) 800-990-9108 WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY, LLP WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY, LLP By: Peter E. Meltzer Identification No.: 39828 By: James H. Curry III Identification No.: 306954 Fulton Bank Building 200 North Third Street, Suite 9A Harrisburg, PA 17101 (717) 237-6940 Attorneys for Plaintiff METRO BANK f/k/a COMMERCE BANK/ HARRISBURG, N.A. V. JEFFREY J. NOPHSKER UNITED STATES OF AMERICA COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 2012-2026 - Civil CERTIFICATE OF ADDRESS AND NON-MILITARY SERVICE The undersigned hereby certifies that, upon information and belief: Defendant, Jeffrey J. Nophsker, has an address at 1249 Rossmoyne Road, Mechanicsburg, PA 17055. Defendant, United States of America, has an address at the Harrisburg Federal I and Courthouse, 228 Walnut Street, Suite 220, P.O. Box 11754, Harrisburg, PA 17108. Deponent further avers that, upon information and belief, the above Defendants are not within the protection of the Service Members Civil Relief Act of 1940, together with amendments thereto. WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY, LLP By: Peter E. Meltzer Identification No.: 39828 By: James H. Curry III Identification No.: 306954 Fulton Bank Building 200 North Third Street, Suite 9A Harrisburg, PA 17101 (717) 237-6940 Attorneys for Plaintiff METRO BANK f/k/a COMMERCE BANK/ HARRISBURG, N.A. V. JEFFREY J. NOPHSKER UNITED STATES OF AMERICA COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 2012-2026 - Civil To: JEFFREY J. NOPHSKER 1249 Rossmoyne Road Mechanicsburg, PA 17055 NOTICE PURSUANT TO RULE 236 OF THE PENNSYLVANIA RULES OF CIVIL PROCEDURE, NOTICE IS GIVEN THAT A JUDGMENT BY DEFAULT IN THE CAPTIONED MATTER HAS BEEN ENTERED AGAINST YOU. PROTHONOTARY If you have any questions concerning the above, please contact: James H. Curry, III, Esquire Weber Gallagher Simpson Stapleton Fires & Newby, LLP 200 North Third St., Ste. 9A Harrisburg, PA 17101 (717) 237-6940 WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY, LLP By: Peter E. Meltzer Identification No.: 39828 By: James H. Curry III Identification No.: 306954 Fulton Bank Building 200 North Third Street, Suite 9A Harrisburg, PA 17101 (717) 237-6940 Attorneys for Plaintiff METRO BANK f/k/a COMMERCE BANK/ HARRISBURG, N.A. V. JEFFREY J. NOPHSKER UNITED STATES OF AMERICA COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 2012-2026 - Civil To: JEFFREY J. NOPHSKER 1249 Rossmoyne Road Mechanicsburg, PA 17055 NOTICE PURSUANT TO RULE 236 OF THE PENNSYLVANIA RULES OF CIVIL PROCEDURE, NOTICE IS GIVEN THAT A JUDGMENT BY DEFAULT IN THE CAPTIONED MATTER HAS BEEN ENTERED AGAINST YOU. PROTHONOTARY If you have any questions concerning the above, please contact: James H. Curry, III, Esquire Weber Gallagher Simpson Stapleton Fires & Newby, LLP 200 North Third St., Ste. 9A Harrisburg, PA 17101 (717) 237-6940 WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY, LLP By: Peter E. Meltzer Identification No.: 39828 By: James H. Curry III Identification No.: 306954 Fulton Bank Building 200 North Third Street, Suite 9A Harrisburg, PA 17101 (717) 237-6940 Attorneys for Plaintiff METRO BANK f/k/a COMMERCE BANK/ HARRISBURG, N.A. V. JEFFREY J. NOPHSKER UNITED STATES OF AMERICA To: UNITED STATES OF AMERICA Harrisburg Federal Building and Courthouse 228 Walnut Street, Suite 220 P.O. Box 11754 Harrisburg, PA 17108 COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 2012-2026 - Civil NOTICE PURSUANT TO RULE 236 OF THE PENNSYLVANIA RULES OF CIVIL PROCEDURE, NOTICE IS GIVEN THAT A JUDGMENT BY DEFAULT IN THE CAPTIONED MATTER HAS BEEN ENTERED AGAINST YOU. PROTHONOTARY If you have any questions concerning the above, please contact: James H. Curry, III, Esquire Weber Gallagher Simpson Stapleton Fires & Newby, LLP 200 North Third St., Ste. 9A Harrisburg, PA 17101 (717) 237-6940 WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY, LLP By: Peter E. Meltzer Identification No.: 39828 By: James H. Curry III Identification No.: 306954 Fulton Bank Building 200 North Third Street, Suite 9A Harrisburg, PA 17101 (717) 237-6940 Attorneys for Plaintiff METRO BANK f/k/a COMMERCE BANK/ HARRISBURG, N.A. V. JEFFREY J. NOPHSKER UNITED STATES OF AMERICA To: UNITED STATES OF AMERICA Harrisburg Federal Building and Courthouse 228 Walnut Street, Suite 220 P.O. Box 11754 Harrisburg, PA 17108 COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 2012-2026 - Civil NOTICE PURSUANT TO RULE 236 OF THE PENNSYLVANIA RULES OF CIVIL PROCEDURE, NOTICE IS GIVEN THAT A JUDGMENT BY DEFAULT IN THE CAPTIONED MATTER HAS BEEN ENTERED AGAINST YOU. PROTHONOTARY If you have any questions concerning the above, please contact: James H. Curry, III, Esquire Weber Gallagher Simpson Stapleton Fires & Newby, LLP 200 North Third St., Ste. 9A Harrisburg, PA 17101 (717) 237-6940 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 12-2026 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 JEFFREY J. NOPHSKER, UNITED STATES OF AMERICA (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: $115,263.84 L.L.: $.50 Interest PER DIEM FROM AND AFTER 6/26/12 AT THE RATE OF $21.51 PER DAY Atty's Comm: % Due Prothy: $2.25 Atty Paid: $214.25 Other Costs: Plaintiff Paid: Date: 7/5/12 David D. Buell, Prot onotary (Seal) Deputy REQUESTING PARTY: Name: JAMES H. CURRY, III, ESQUIRE Address: WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY, LLP 200 NORTH THIRD STREET, SUITE 9 A HARRISBURG, PA 17101 Attorney for: PLAINTIFF Telephone: 717-237-6940 Supreme Court ID No. 39828 4 WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY, LLP By: Peter E. Meltzer Identification No.: 39828 By: James H. Curry III Identification No.: 306954 Fulton Bank Building 200 North Third Street, Suite 9A Harrisburg, PA 17101 (717) 237-6940 ME PROTHONO TAR ,. 2012 JUL -5 PH 3:25 CUMBERLAND COUNTY PENNSYLVANIA Attorneys for Plaintiff METRO BANK f/k/a COMMERCE BANK/ HARRISBURG, N.A. V. JEFFREY J. NOPHSKER UNITED STATES OF AMERICA COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 2012-2026 - Civil Praeciae for Writ of Execution To the Prothonotary: Issue writ of execution in the above matter: Amount due: $115,263.84 Per diem interest from and after 06/26/12 $ at the rate of $21.51 per day Costs to be added: $ uire Legal Description attached 1a3. 00 b3.7 S u 1(.e . 5o c c y a ua C?. ? Sa ?? WiA & ALL THAT CERTAIN lot or parcel of land situate in LOWER ALLEN TOWNSHIP, Cumberland County, Pennsylvania, bounded and described pursuant to a boundary survey performed by ACT ONE Consultant, Inc., dated April 24, 1997, as recorded with Deed in Deed Book 156, Page 1032, as follows: BEGINNING at an iron pin on the northern right of way line of Rossmoyne Road at the dividing line of Ian( or formerly of Thomas 0. Williams and the premises herein described, said pint also being located 408 fe more or less (measured.along the right of way for Rossmoyne Road), from the northeast corner of Rossm Road and the Pennsylvania Turnpike right of way; thence by the northern right of way line of Rossmoyne North 48 degrees 14'28" West, 156.87 feet to an Iron pin at a buried Iron pipe; thence by line of land now formerly of Floyd G. Kautz, North 55 degrees 00'23" East, 154.51 feet to an Iron pin over a buried iron pir thence by line of land now or formerly of Richard E. Hammon and land now or formerly of Thomas O. Will South 34 degrees 41'22" East, 156.94 feet to an iron pin; thence by land now or formerly of Thomas 0. Williams, South 57 degrees 4'10" West, 117.80 feet to an iron pin, the place of BEGINNING. HAVING THEREON erected a dwelling commonly known as 1249 Rossmoyne Road. 0 ww.4..,. .v .. i'i1. now s, 8) WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY, LLP By: Peter E. Meltzer Identification No.: 39828 By: James H. Curry III Identification No.: 306954 Fulton Bank Building 200 North Third Street, Suite 9A Harrisburg, PA 17101 (717) 237-6940 iLE.D-oF1Ck: OF I?HE PROTHONOTAR) 2012 JUL -5 PM 3: 25 CUMBERLAND COUNTY PENNSYLVANIA for Plaintiff METRO BANK f/k/a COMMERCE BANK/ HARRISBURG, N.A. V. JEFFREY J. NOPHSKER UNITED STATES OF AMERICA Metro Bank, f/k/a Commerce Bank/Harrisburg, N.A., Plaintiff in the above action, sets Affidavit Pursuant to Rule 3129.1 forth as of the date that the Praecipe for Writ of Execution was filed the following information concerning the real property located at 1249 Rossmoyne Road, Mechanicsburg, PA 17055: 1. Name and address of owner(s) or reputed owner(s): Name Jeffrey J. Nophsker COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 2012-2026 - Civil Address 1249 Rossmoyne Road Mechanicsburg, PA 17055 2. Name and address of defendants in the judgment: Name Jeffrey J. Nophsker United States of America Address 1249 Rossmoyne Road Mechanicsburg, PA 17055 Harrisburg Fed. Bldg. and CH 228 Walnut Street, Suite 220 P.O. Box 11754 Harrisburg, PA 17108 3. 4. 5. 6. 7. Name and address of every judgment creditor whose judgment is a record lien the real property to be sold: Name Address Name and address of the last recorded holder of every mortgage of record: Name Address Name and address of every other person who has any record lien on the Name Address Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Cumberland County Tax Claim Bureau Address Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Cumberland County Domestic Relations Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Compliance 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 Dept. 280946 Harrisburg, PA 17128-0946 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: Name Address I verify that the statements made in this affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are subject to the penalties of 18 Pa.C.S.A. 4904 relating to unsworn falsification to authorities. Dated: June 26, 2012 WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY, LLP By: Peter E. Meltzer Identification No.: 39828 By: James H. Curry III Identification No.: 306954 Fulton Bank Building 200 North Third Street, Suite 9A Harrisburg, PA 17101 (717) 237-6940 111E pl?OT , VOI'5 TA R, """UL _ 5 1 , H 3:26 YLy COUNTY Attorneys for Plaintiff METRO BANK f/k/a COMMERCE BANK/ HARRISBURG, N.A. V. JEFFREY J. NOPHSKER UNITED STATES OF AMERICA COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 2012-2026 - Civil CERTIFICATION TO SHERIFF AS TO THE SALE OF REAL PROPERTY DATE OF SALE: December 5, 2012 I hereby certify that I am the attorney for the plaintiff in this action and further certify that: X Act 6 and Act 91 are complied with. fdTnes H. Peter E.%1 WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY, LLP By: Peter E. Meltzer Identification No.: 39828 By: James H. Curry III Identification No.: 306954 Fulton Bank Building 200 North Third Street, Suite 9A Harrisburg, PA 17101 (717) 237-6940 i- ILEO-OFFICE r 111-r PROTHONOTAR't 2912 JUL -S PM 3: 26 CUMBERLAND COUNTY PENNSYLVANIA Attorneys for Plaintiff METRO BANK f/k/a COMMERCE BANK/ HARRISBURG, N.A. V. JEFFREY J. NOPHSKER UNITED STATES OF AMERICA COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 2012-2026 - Civil NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Jeffrey J. Nophsker United States of America Your real estate at 1249 Rossmoyne Road, Mechanicsburg, PA 17055 is scheduled sold at Sheriff's Sale on December 5, 2012ta.m. at the Cumberland County he court judgment of $115,263.84 ? 1 Court House Square, Carlisle, PA 17013 to enforce obtained by Metro Bank against you. NOTICE OF OWNERS RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF' S SALE To prevent this Sheriff's Sale you must take immediate action: 1. The sale will be canceledif you pay o Peter E. due. Meltzer the back To find ou how much yo? charges, costs and reasonable attorney's fees must pay, you may contact Peter E. Meltzer at 267-295-3363. 2, You maybe able to stop the sale by filing a petition asking Court to strike open the judgment, if the the Court to postpone the sale for good cause. 3. You may also be able stop the sale through other legal proceedings. be A You may need an attorney to assert your rights. The sooner you contact one, the gre chance you will have of stopping the sale. (See notice below of how to obtain an attorney.) RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE l , If the sheriff s sale is not stopped, your property will be sold to the highest bidd You may find out the bid price by calling Peter E. Meltzer at 267-295-3363. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of the property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due the sale. To find out if this has happened, you may call Peter E. Meltzer at 267 295-3363. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain a in the property deed to the buyerll Athe full amount is paid to t that time, the buyer maye Sheriff and the Sheriff give bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. schedule of distribution of the money bid for your house will be filed by the Sheriff approximately 30 days after the date of the Sheriff s Sale. This sched will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within 10 days. 7. You may also have other rights and defenses, or ways of getting your house b if you act immediately after the sale. LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 So. Bedford Street Carlisle, PA 17013 Telephone: (717) 800-990-9108