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HomeMy WebLinkAbout12-2422IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA METRO BANK f/k/a CIVIL DIVISION Commerce Bank/Harrisburg, N.A., n/vi (Te'r/'''t Plaintiff, VS. DANIEL L. SCHUBERT, Defendant. 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 ENT$I(<ED/AGAIMT YOU. 1 HEREBY CERTIFY THAT THE ADDRESS OF THE PLAINTIFF IS: 3801 Paxton Street Harrisburg, PA 17111 AND THE DEFENDANT(S): 4187 1h Street New Cumbe"AndAPAS17070 ATTORNEY FiDR\jLAINTIFF CERTIFICATE OF LOCATION I HEREBY CERTIFY THAT THE LOCATION OF THE REAL ES ATE AFFECTED BY THIS LIEN IS 642 Bosler 4ffenue, ;Appyne, PA 17043 ATTORNEY F04 PI.AINTI TYPE OF PLEADING CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE 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 G Kimberly A. Bonner, Esquire "gam X" -, Pa. I.D. #89705 C? C5--n JAMES, SMITH, DIETTERICK & vc r CONNELLY LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 O 4105. r)5 Po ^-My Cft (177(0 r a7gDH 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, NO.: VS. DANIEL L. SCHUBERT, Defendant. 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 f/k/a CIVIL DIVISION Commerce Bank/Harrisburg, N.A., Plaintiff, NO.: VS. DANIEL L. SCHUBERT, Defendant. 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) dias 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, vs. DANIEL L. SCHUBERT, Defendant. NO.: 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: 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 642 Bosler Avenue, Lemoyne, Pennsylvania 17043. 3. On or about March 10, 2006, Defendant executed a Promissory Note ("Note") in favor of Plaintiff in the original principal amount of $130,000.00. A true and correct copy of said Note is marked Exhibit "A", attached hereto and made a part hereof. 4. On or about March 10, 2006, as security for payment of the aforesaid Note, Defendant made, executed and delivered to Plaintiff a Mortgage in the original principal amount of $130,000.00 on the premises hereinafter described, with said Mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County on March 17, 2006, in Mortgage Book Volume 1943, Page 3648. 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. Plaintiff was not required to send Defendant(s) written notice of Plaintiff's intention to foreclose said Mortgage pursuant to 41 P.S. §403 (Act 6 of 1974) prior to the commencement of this action for the reason that said Mortgage is not a "residential mortgage" as defined in 41 P. S. §101. 8. The amount due and owing Plaintiff by Defendant is as follows: Principal $ 98,199.32 Interest through 4/12/2012 $ 2,478.12 Late Charges $ 316.26 Attorney's Fees $ 1,300.00 Title Costs $ 410.00 TOTAL $ 102,703.70 plus interest on the principal sum ($98,199.32) from April 12, 2012, at the rate of $20.17 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 $102,703.70, with interest thereon at the rate of $20.17 per diem from April 12, 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, Dated: 4 BY: Scott A. iett PA I.D. # 55650 DIETTERICK & CONNELLY LLP Kimberly A. Bonner, Esquire PA I.D. # 89705 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 1=8-Mi 1 t 337.4050 Gall 1 Coll 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. i Any item above containing - * " has been omitted due to text length limitations. Borrower: Daniel L- Schubert ISSN: 202-46-6009) 418 7th Street New Cumberland, PA 17070 Lender: COMMERCE BANK/HARRISBURG N.A. COMMERCIAL MORTGAGE DEPARTMENT 100 SENATE AVENUE CAMP HILL, PA 17011 (717) 975-5630 Principal Amount: $130,000.00 Date of Note: March 10, 2006 PROMISE TO PAY. Daniel L. Schubert ("Borrower") promises to pay to COMMERCE BANK/HARRISBURG N.A. ("Lender"), or order, in lawful money of the United States of America, the principal amount of One Hundred Thirty Thousand & 00/100 Dollars ($130,000.00), together with interest on the unpaid principal balance from March 8, 2006, until paid in full. PAYMENT. Subject to any payment changes resulting from changes in the index, Borrower will pay this loan in accordance with the following payment schedule: X60 monthly consecutive principal and interest payments in the initial amount of $1,213.97 each, beginning April 10, 2006, with interest calculated on the unpaid principal balances at an interest rate of 7.500% per annum; 119 monthly consecutive principal and interest payments in the initial amount of $1,268.73 each, beginning April 10, 2011, with interest calculaafed on the unpaid principal balances at an interest rate based on the Prime Rate as published in the Money Ratg Section of the Wall Street Journal. N a range of rates is published, the highest will be used. (currently 7.500%), plus a margin of 1.090 percentage points, resulting in an initial interest rate of 8.500%; and one principal and interest payment of $1,269.29 on March 10, 2021, with interest calculated on the unpaid principal balances at an interest rate based on the Prime Rate as published in the Money Rate Section- of the Wall Street Journal. It a range of rates is published, the highest will be used. (currently 7.500%), plus a margin of 1.000 percentage points, resulting in an initial interest rate of 8.500%. This estimated final payment is based on the assumption that all payments will be made exactly as scheduled and that the Index does not change; the actual final payment will be for all principal and accrued interest not yet paid, together with any other unpaid amounts under this Note. 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. The annual interest rate for this Note is computed on a 365/360 basis; that Is, by applying the ratio of the annual interest rate over a year of 360 days, multiplied by the outstanding principal balance, multiplied by the actual number of days the principal balance is outstanding. Borrower will pay Lender at Lender's address shown above or at such other place as Lender may designate in writing. VARIABLE INTEREST RATE. The interest rate on this Note is subject to change from time to time based on changes in an independent index which is the Prime Rate as published in the Money Rate Section of the Wall Street Journal. If a range of rates is published, the highest will be used. (the "Index"). The Index is not necessarily the lowest rate charged by Lender on its loans. If the Index becomes unavailable during the term of this loan, Lender may designate a substitute index after notice to Borrower. Lender will tell Borrower the current Index rate upon Borrower's request. The interest rate change will not occur more often than each day. Borrower understands that Lender may make loans based on other rates as well. The index currently is 7.500% per annum. The interest rate or rates to be applied to the unpaid principal balance of this Note will be the rate or rates set forth herein in the "Payment" section. Notwithstanding any other provision of this Note, after the first payment stream, the interest rate for each subsequent payment stream will be effective as of the last payment date of the just-ending payment stream. NOTICE: Under no circumstances will the interest rate on this Note be more than the maximum rate allowed by applicable law. Whenever increases occur in the interest rate, Lender, at its option, may do one or more of the following: IA) increase Borrower's payments to ensure Borrower's loan will pay off by its original final maturity date, (B) increase Borrower's payments to cover accruing interest, ICI increase the number of Borrower's payments, and (D) continue Borrower's payments at the same amount and increase Borrower's final payment. PREPAYMENT PENALTY. Borrower agrees that all loan fees and other prepaid finance charges are earned fully as of the date of the loan and will not be subject to refund upon early payment (whether voluntary or as a result of default), except as otherwise required by law. Upon prepayment of this Note. Lender is entitled to the following prepayment penalty: Prepayment of any amount of the principal sum shall be subject to a penalty charge of 5% during the first year of amortization and declining 1% per year thereafter to per. Except for the foregoing, Borrower may pay 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 Borrower of Borrower's obligation to continue to make payments under the payment schedule. Rather, early payments will reduce the principal balance due and may result in Borrower's making fewer payments. Borrower agrees not to send Lender payments marked "paid in full", "without recourse", or similar language. If Borrower sends such a payment, Lender may accept it without losing any of Lender's rights under this Note, and Borrower 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., COMMERCIAL MORTGAGE DEPARTMENT, 100 SENATE AVENUE, CAMP HILL, PA 17011. LATE CHARGE. If a payment is 10 days or more late, Borrower will be charged 5.000% 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 variable interest rate on this Note by 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 interest rate applicable to this Note at the time judgment is entered. DEFAULT. Each of the following shall constitute an event of default i"Event of Default") under this Note: Payment Default. Borrower fails to make any payment when due under this Note. Other Defaults. Borrower fails to comply with or to perform any other term, obligation, covenant or condition contained in this Note or in any of the related documents or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement between Lender and Borrower. Default in Favor of Third Parties. Borrower 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 Borrower's property or Borrower's ability to repay this Note or perform Borrower's obligations under this Note or any of the related documents. Environmental Default. Failure of any party to comply with or perform when due any term, obligation, covenant or condition contained in any environmental agreement executed in connection with any loan. False Statements. Any warranty, representation or statement made or furnished to Lender by Borrower or on Borrower's 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 or becomes false PROMISSORY NOTE Loan No: 3374050 (Continued) Page 2 or misleading at any time thereafter. Death or insolvency. The death of Borrower or the dissolution or termination of Borrower's existence as a going business, the insolvency of Borrower, the appointment of a receiver for any part of Borrower'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 Borrower. Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, repossession or any other method, by any creditor of Borrower or by any governmental agency against any collateral securing the loan. This includes a garnishment of any of Borrower's accounts, including deposit accounts, with Lender. However, this Event of Default shall not apply if there is a good faith dispute by Borrower as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Borrower gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute. 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 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. Adverse Change. A material adverse change occurs in Borrower's financial condition, or Lender believes the prospect of payment or performance of this Note is impaired. Insecurity. Lender in good faith believes itself insecure. Cure Provisions. If any default, other than a default in payment is curable and if Borrower has 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 Borrower, after receiving written notice from Lender demanding cure of such default: (1) cures the default within fifteen (15) days; or (2) 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. 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 Borrower will pay that amount. ATTORNEYS' FEES; EXPENSES. Lender may hire or pay someone else to help collect this Note if Borrower does not pay. Borrower 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, Borrower 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 Borrower's accounts with Lender (whether checking, savings, or some other account). This includes all accounts Borrower holds jointly with someone else and all accounts Borrower 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. Borrower authorizes 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. Borrower acknowledges this Note is secured by First lien on property located at 40 Balm Street, Harrisburg, PA, First lien on property located at 219 S 13th Street, Harrisburg, PA, First lien on property located at 221 S 13th Street, Harrisburg, PA, First lien on property located at 223 S 13th Street, Harrisburg, PA, First lien on property located at 54 N 12th Street, Harrisburg, PA, First lien on property located at 642 Bosler .Ave, Lemoyne, PA. OPTION TO DECLARE LOAN DUE. Although the repayment of the loan evidenced by this instrument has been designed as if it were to extend for the term established in the "Payment" section, hereinabove outlined, Borrower understands that Lender expressly reserves the right and option, exercisable at its discretion, to declare the entire unpaid principal balance under this Promissory Note together with all interest which shall have accrued thereon to be due and payable on the fifth (5th) anniversary of the date of this Promissory Note and on each succeeding Five(51 year anniversary of that date during the term hereof, hereinafter referred to as "Loan Call Date". In the event that Lender desires to exercise its option to declare the Loan due, it shall deliver written notice thereof by regular first class mail to Borrower's last known address 90 days prior to the Loan Call Date. In the event that Lender desires to exercise its option to declare the Loan due, it shall deliver written notice thereof by hand delivery, nationally recognized overnight courier or regular first class mail to Borrower's last known address at least 90 days prior to the Loan Call Date. Borrower shall, on or before the Loan Call Date immediately following such notice, repay the entire principal balance due under the Promissory Note together with all unpaid interest which shall have accrued thereon as well as any other sums which may then be due under the Promissory Note or any other document constituting a part of the within loan transaction. Notice provided by first class mail to Borrower's last known address shall be deemed to have been delivered when deposited in the mail. POST CLOSING COMPLIANCE. Borrower agrees to execute, re-execute, cause a Guarantor(s) or other third party(ies) involved in the loan transaction to execute and/or re-execute and to deliver to Lender or its legal counsel, as may be deemed appropriate, any document or instrument signed in connection with the Loan which was incorrectly drafted and/or signed, as well as any document or instrument which should have been signed at or prior to the closing of the Loan, but which was not so signed and delivered. Borrower agrees to comply with any written request by Lender within ten (10) days after receipt by Borrower of such request. Failure to Borrower to so comply shall, at the option of Lender, upon notice to Borrower, constitute an event of default under the Loan. REQUIRED DEPOSIT ACCOUNT. Borrower shall be required to establish and maintain primary deposit account relationship with Commerce Bank. COMMITMENT LETTER COMPLIANCE.. This loan is contingent upon Borrower's compliance with all of the terms and conditions in the commitment letter issued by Lender to Borrower on or about March 2, 2006. Upon breach of any term of condition therein Lender shall have the right to declare this loan in default and demand payment in full of the principal balance remaining unpaid, together with all interest, which shall have accrued thereon. . COPIES OF LEASES. Borrower hereby agrees to assign to Bank, all present and future rents and leases associated with the mortgaged premises. Borrower shall provide Bank with all cop; f all leases and any addendums thereto. . SUCCESSOR INTERESTS. The terms • its Note shall be binding upon Borrower, and L,_ Borrower's heirs, personal representatives, successors and assigns, and shall inure to the benefit of Lender and its successors and assigns. PROMISSORY NOTE Loan No: 3374050 (Continued) Page 3 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 BANKIHARRISBURG 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. Borrower 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; and take any other action deemed necessary by Lender without the consent of or notice to anyone. 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. If any portion of this Note is for any reason determined to be unenforceable, it will not affect the enforceability of any other provisions of this Note. CONFESSION OF JUDGMENT. BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR BORROWER AFTER A DEFAULT UNDER THIS NOTE AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST BORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THIS NOTE AND ALL ACCRUED INTEREST, LATE CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THIS NOTE, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT (10%) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS (5500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING, THIS NOTE OR A COPY OF THIS NOTE VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS NOTE TO CONFESS JUDGMENT AGAINST BORROWER SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS NOTE. BORROWER HEREBY WAIVES ANY RIGHT BORROWER MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO BORROWER'S ATTENTION OR BORROWER HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL. PRIOR TO SIGNING THIS NOTE, BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. BORROWER AGREES TO THE TERMS OF THE NOTE. BORROWER ACKNOWLEDGES 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. BOR$OWER: ?? (Seal) ant c ubert LAMA a L-a. V. 6.]0.00.006 C- N„Iwa F-0 6 w- M,. 1-7. 5006. Y 40. gw.r.l. -A -4 6wrsn6wnncFninwm.rc rn-inn rn.i6 DISCLO JRE FOR CONFESSION OF J. 1IGMENT $130r 'r0L/ L no I "' As'se"cal< I 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. Declarant: Daniel L. Schubert (S8N: 202.46-6009) 418 7th Street New Cumberland, PA 17070 Lender: COMMERCE BANWHARRISBURG N.A. COMMERCIAL MORTGAGE DEPARTMENT 100 SENATE AVENUE CAMP HILL, PA 17011 (717) 975-5630 DISCLOSURE FOR CONFESSION OF JUDGMENT I AM EXECUTING, THIS C Q 114 DAY OF (gib! , 20 64-, A PROMISSORY NOTE FOR $130,000.00 OBLIGATING ME TO REPAY THAT AMOUNT, A. I UNDERSTAND THAT THE NOTE CONTAINS A CONFESSION OF JUDGMENT PROVISION THAT WOULD PERMIT LENDER TO ENTER JUDGMENT AGAINST ME IN COURT, AFTER A DEFAULT ON THE NOTE, WITHOUT ADVANCE NOTICE TO ME AND WITHOUT OFFERING ME AN OPPORTUNITY TO DEFEND AGAINST THE ENTRY OF JUDGMENT. IN EXECUTING THE NOTE, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND TO A HEARING TO CONTEST THE VALIDITY OF ANY JUDGMENT OR OTHER CLAIMS THAT LENDER MAY ASSERT AGAINST ME UNDER THE NOTE, I AM KNOWINGLY, INTELLIGENTLY, AND VOLUNTARILY WAIVING THESE RIGHTS, INCLUDING ANY RIGHT TO ADVANCE NOTICE OF THE ENTRY OF JUDGMENT, AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S ENTERING JUDGMENT AGAINST BY CONFESSION AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT PROVISION, INITIALS: B. I FURTHER UNDERSTAND THAT IN ADDITION TO GIVING LENDER THE RIGHT TO ENTER JUDGMENT AGAINST ME WITHOUT ADVANCE NOTICE OR A HEARING, THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE ALSO CONTAINS LANGUAGE THAT WOULD PERMIT LENDER, AFTER ENTRY OF JUDGMENT, AGAIN WITHOUT EITHER ADVANCE NOTICE OR A HEARING, TO EXECUTE ON THE JUDGMENT BY FORECLOSING UPON, ATTACHING, LEVYING ON, TAKING POSSESSION OF OR OTHERWISE SEIZING MY PROPERTY, IN FULL OR PARTIAL PAYMENT OF THE JUDGMENT. IN EXECUTING THE NOTE, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND A HEARING AFTER JUDGMENT IS ENTERED AND BEFORE EXECUTION ON THE JUDGMENT, 1 AM KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY WAIVING THESE RIGHTS, AND 1 EXPRESSLY AGREE AND CONSENT TO LENDER'S IMMEDIATELY EXECUTING ON THE JUDGMENT IN ANY MANNER P Iy11TTED BY APPLICABLE STATE AND FEDERAL LAW, WITHOUT GIVING ME ANY ADVANCE NOTICE. INITIALS::, ( :' C. AFTER HAVING READ AND DETERMINED WHICH OF THE FOLLOWING STATEMENTS ARE APPLICABLE, BY INITIALING EACH STATEMENT THAT APPLIES, I REPRESENT THAT: INITIALS 1. 1 WAS REPRESENTED BY MY OWN INDEPENDENT LEGAL COUNSEL IN CONNECTION WITH THE NOTE. 2. A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE TO MY ATTENTION. D. I CERTIFY THAT MY ANNUAL INCOME EXCEEDS $10,000; THAT THE BLANKS IN THIS DISCLOSURE WERE FILLED IN WHEN I INITIALED AND SIGNED IT; AND THAT I RECEIVED A COPY AT THE TIME OF SIGNING. THIS DISCLOSURE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS DISCLOSURE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. DEtr ANT: X Dan n (Seal) , J EN PM Lee My, Vrt, 5.'J0.MO" C-1. HNHPE r-eY 6 -e W Me. 1$97,2M. M Neeu Aeee M, - PA N:%VMINAF061LMWACRUJk =.FC 7 IWI1 Wp , EXHIBIT "B" Parcel Identification Number: RECORDATION REQUESTED BY: COMMERCE BANKIHARRISBURG NA. COMMERCIAL MORTGAGE DEPARTMENT 100 SENATE AVENUE CAMP HILL, PA 17011 WHEN RECORDED MAIL TO: COMMERCE BANKMARRISBURG N.A. LOAN SERVICING 100 SENATE AVENUE CAMP HILL, PA 17011 SEND TAX NOTICES TO: COMMERCE BANK/HARRISBURG NA. LOAN SERVICING 100 SENATE AVENUE CAMP HILL PA 17011 FOR RECORDER'S USE ONLY OPEN - END MORTGAGE THIS MORTGAGE SECURES FUTURE ADVANCES Amount Secured Hereby: $130,000.00 THIS MORTGAGE dated March 10, 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, as, geothermal and similar matters, (the "Real Property") located in Cumberland County, Commonwealth of Pennsylvania: See Exhibit "A", which is attached to this Mortgage and made a part of this Mortgage as if fully set forth herein. The Real Property or its address is commonly known as 642, Bosler Avenue, Lemoyne, PA 17043. Grantor presently assigns to Lender all of Grantor's right, title, and interest in and to all present and future leases of the Property and all Rents from the Property. In addition, Grantor grants to Lender a Uniform Commercial Code security interest in the Personal Property and Rents. THIS MORTGAGE, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE IN THE ORIGINAL PRINCIPAL AMOUNT OF $130,000.00, THE RELATED DOCUMENTS, AND THIS MORTGAGE. THIS MORTGAGE IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PAYMENT AND PERFORMANCE. Except as otherwise provided in this Mortgage, Grantor shall pay to Lender all amounts secured by this Mortgage as they become due and shall strictly perform all of Grantor's obligations under this MORTGAGE Loan No: 3374050 (Continued) Page 2 Mortgage. POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession and use of the Property shall be governed by the following provisions: Possession and Use. Until the occurrence of an Event of Default, Grantor may (1) remain in possession and control of the Property; (2) use, operate or manage the Property; and (3) collect the Rents from the'Property. Duty to Maintain. Grantor shall maintain the Property in tenantable condition and promptly perform all repairs, replacements, and maintenance necessary to preserve its value. Compliance With Environmental Laws. Grantor represents and warrants to Lender that: (1) During the period of Grantor's ownership of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance by any person on, under, about or from the Property; (2) Grantor has no knowledge of, or reason to believe that there has been, except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws, (b) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance on, under, about or from the Property by any prior owners or occupants of the Property, or (c) any actual or threatened litigation or claims of any kind by any person relating to such matters; and (3) Except as previously disclosed to and acknowledged by Lender in writing, (a) neither Grantor not any tenant, contractor, agent or other authorized user of the Property shall use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about or from the Property; and (b) any such activity shall be conducted in compliance with all applicable federal, state, and local laws, regulations and ordinances, including without limitation all Environmental Laws. Grantor authorizes Lender and its agents to enter upon the Property to make such inspections and tests, at Grantor's expense, as Lender may deem appropriate to determine compliance of the Property with this section of the Mortgage. Any inspections or tests made by Lender shall be for Lender's purposes only and shall not be construed to create any responsibility or liability on the part of Lender to Grantor or to any other person. The representations and warranties contained herein are based on Grantor's due diligence in investigating the Property for Hazardous Substances. Grantor hereby 11) releases and waives any future claims against Lender for indemnity or contribution in the event Grantor becomes liable for cleanup or other costs under any such laws; and (2) agrees to indemnify and hold harmless Lender against any and all claims, losses, liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a breach of this section of the Mortgage or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened release occurring prior to Grantor's ownership or interest in the Property, whether or not the same was or should have been known to Grantor. The provisions of this section of the Mortgage, including the obligation to indemnify, shall survive the payment of the Indebtedness and the satisfaction and reconveyance of the lien of this Mortgage and shall not be affected by Lender's acquisition of any interest in the Property, whether by foreclosure or otherwise. Nuisance, Waste. Grantor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on or to the Property or any portion of the Property. Without limiting the generality of the foregoing, Grantor will not remove, or grant to any other party the right to remove, any timber, minerals (including oil and gas), coal, clay, scoria, soil, gravel or rock products without Lender's prior written consent. Removal of Improvements. Grantor shall not demolish or remove any Improvements from the Real Property without Lender's prior written consent. As a condition to the removal of any Improvements, Lender may require Grantor to make arrangements satisfactory to Lender to replace such Improvements with Improvements of at least equal value, Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all reasonable times to attend to Lender's interests and to inspect the Real Property for purposes of Grantor's compliance with the terms and conditions of this Mortgage. Compliance with Governmental Requirements. Grantor shall promptly comply with all laws, ordinances, and regulations, now or hereafter in effect, of all governmental authorities applicable to the use or occupancy of the Property, including without limitation, the Americans With Disabilities Act. Grantor may contest in good faith any such law, ordinance, or regulation and withhold compliance during any proceeding, including appropriate appeals, so long as Grantor has notified Lender in writing prior to doing so and so long as, in Lender's sole opinion, Lender's interests in the Property are not jeopardized. Lender may require Grantor to post adequate security or a surety bond, reasonably satisfactory to Lender, to protect Lender's interest. Duty to Protect. Grantor agrees neither to abandon or leave unattended the Property. Grantor shall do all other acts, in addition to those acts set forth above in this section, which from the character and use of the Property are reasonably necessary to protect and preserve the Property. TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Mortgage: Payment. Grantor shall pay when due {and in all events prior to delinquency) all taxes, payroll taxes, special taxes MORTGAGE Loan No: 3374050 (Continued) Page 3 assessments, water charges and sewer service charges levied against or on account of the Property, and shall pay when due all claims for work done on or for services rendered or material furnished to the Property. Grantor shall maintain the Property free of any liens having priority over or equal to the interest of Lender under this Mortgage, except for those liens specifically agreed to in writing by Lender, and except for the lien of taxes and assessments not due as further specified in the Right to Contest paragraph. Right to Contest. Grantor may withhold payment of any tax, assessment, or claim in connection with a good faith dispute over the obligation to pay, so long as Lender's interest in the Property is not jeopardized. If a lien arises or is filed as a result of nonpayment, Grantor shall within fifteen (15) days after the lien arises or, if a lien is filed, within fifteen (15) days after Grantor has notice of the filing, secure the discharge of the lien, or if requested by Lender, deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender in an amount sufficient to discharge the lien plus any costs and attorneys' fees, or other charges that could accrue as a result of a foreclosure or sale under the lien. In any contest, Grantor shall defend itself and Lender and shall satisfy any adverse judgment before enforcement against the Property. Grantor shall name Lender as an additional obligee under any surety bond furnished in the contest proceedings. Evidence of Payment. Grantor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and shall authorize the appropriate governmental official to deliver to Lender at any time a written statement of the taxes and assessments against the Property. Notice of Construction. Grantor shall notify Lender at least fifteen (15) days before any work is commenced, any services are furnished, or any materials are supplied to the Property, if any mechanic's lien, materialmen's lien, or other lien could be asserted on account of the work, services, or materials. Grantor will upon request of Lender furnish to Lender advance assurances satisfactory to Lender that Grantor can and will pay the cost of such improvements. PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Mortgage: Maintenance of Insurance. Grantor shall procure and maintain policies of fire insurance with standard extended coverage endorsements on a replacement basis for the full insurable value covering all Improvements on the Real Property in an amount sufficient to avoid application of any coinsurance clause, and with a standard mortgagee clause in favor of Lender. Grantor shall also procure and maintain comprehensive general liability insurance in such coverage amounts as Lender may request with Lender being named as additional insureds in such liability insurance policies. Additionally, Grantor shall maintain such other insurance, including but not limited to hazard, business interruption and boiler insurance as Lender may require. 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, for the full unpaid principal balance of the loan and any prior liens on the property securing the loan, up to the maximum policy limits set under the National Flood Insurance Program, or as otherwise required by Lender, and to maintain such insurance for the term of the loan. Application of Proceeds. Grantor shall promptly notify Lender of any loss or damage to the Property. Lender may make proof of loss if Grantor fails to do so within fifteen (15) days of the casualty. Whether or not Lender's security is impaired, Lender may, at Lender's election, receive and retain the proceeds of any insurance and apply the proceeds to the reduction of the Indebtedness, payment of any lien affecting the Property, or the restoration and repair of the Property. If Lender elects to apply the proceeds to restoration and repair, Grantor shall repair or replace the damaged or destroyed Improvements in a manner satisfactory to Lender. Lender shall, upon satisfactory proof of such expenditure, pay or reimburse Grantor from the proceeds for the reasonable cost of repair or restoration if Grantor is not in default under this Mortgage. Any proceeds which have not been disbursed within 180 days after their receipt and which Lender has not committed to the repair or restoration of the Property shall be used first to pay any amount owing to Lender under this Mortgage, then to pay accrued interest, and the remainder, if any, shall be applied to the principal balance of the Indebtedness. If Lender holds any proceeds after payment in full of the Indebtedness, such proceeds shall be paid to Grantor as Grantor's interests may appear. LENDER'S EXPENDITURES. If any action or proceeding is commenced that would materially affect Lender's interest in the Property or if Grantor fails to comply with any provision of this Mortgage or any Related Documents, including but not limited to Grantor's failure to discharge or pay when due any amounts Grantor is required to discharge or pay under this Mortgage or any Related Documents, Lender on Grantor's behalf may (but shall not be obligated to) take any action that Lender deems appropriate, including but not limited to discharging or paying all taxes, liens, security interests, encumbrances and other claims, at any time levied or placed on the Property and paying all costs for insuring, MORTGAGE Loan No: 3374050 (Continued) Page 4 maintaining and preserving the Property. All such expenditures 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 (A) be payable on demand; (8) be added to the balance of the Note and be apportioned among and be payable with any installment payments to become due during either (1) the term of any applicable insurance policy; or (2) the remaining term of the Note; or (C) be treated as a balloon payment which will be due and payable at the Note's maturity. The Mortgage also will secure payment of these amounts. Such right shall be in addition to all other rights and remedies to which Lender may be entitled upon Default. Grantor's obligation to Lender for all such expenses shall survive the entry of any mortgage foreclosure judgment. WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Mortgage: Title. Grantor warrants that: (a) Grantor holds good and marketable title of record to the Property in fee simple, free and clear of all liens and encumbrances other than those set forth in the Real Property description or in any title insurance policy, title report, or final title opinion issued in favor of, and accepted by, Lender in connection with this Mortgage, and (b) Grantor has the full right, power, and authority to execute and deliver this Mortgage to Lender. Defense of Title. Subject to the exception in the paragraph above, Grantor warrants and will forever defend the title to the Property against the lawful claims of all persons. In the event any action or proceeding is commenced that questions Grantor's title or the interest of Lender under this Mortgage, Grantor shall defend the action at Grantor's expense. Grantor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of Lender's own choice, and Grantor will deliver, or cause to be delivered, to Lender such instruments as Lender may request from time to time to permit such participation. Compliance With Laws. Grantor warrants that the Property and Grantor's use of the Property complies with all existing applicable laws, ordinances, and regulations of governmental authorities. Survival of Represerrtetions and Warranties. All representations, warranties, and agreements made by Grantor in this Mortgage shall survive the execution and delivery of this Mortgage, shall be continuing in nature, and shall remain in full force and effect until such time as Grantor's Indebtedness shall be paid in full. CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Mortgage: Proceedings. If any proceeding in condemnation is filed, Grantor shall promptly notify Lender in writing, and Grantor shall promptly take such steps as may be necessary to defend the action and obtain the award. Grantor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of its own choice, and Grantor will deliver or cause to be delivered to Lender such instruments and documentation as may be requested by Lender from time to time to permit such participation. Application of Net Proceeds. If all or any part of the Property is condemned by eminent domain proceedings or by any proceeding or purchase in lieu of condemnation, Lender may at its election require that all or any portion of the net proceeds of the award be applied to the Indebtedness or the repair or restoration of the Property. The net proceeds of the award shall mean the award after payment of all actual costs, expenses, and attorneys' fees incurred by Lender in connection with the condemnation. IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental taxes, fees and charges are a part of this Mortgage: Current Taxes, Fees and Charges. Upon request by Lender, Grantor shall execute such documents in addition to this Mortgage and take whatever other action is requested by Lender to perfect and continue Lender's lien on the Real Property. Grantor shall reimburse Lender for all taxes, as described below, together with all expenses incurred in recording, perfecting or continuing this Mortgage, including without limitation all taxes, fees, documentary stamps, and other charges for recording or registering this Mortgage. Taxes. The following shall constitute taxes to which this section applies: (1) a specific tax upon this type of Mortgage or upon all or any part of the Indebtedness secured by this Mortgage; (2) a specific tax on Grantor which Grantor is authorized or required to deduct from payments on the Indebtedness secured by this type of Mortgage; (3) a tax on this type of Mortgage chargeable against the Lender or the holder of the Note; and (4) a specific tax on all or any portion of the Indebtedness or on payments of principal and interest made by Grantor. Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Mortgage, this event shall have the same effect as an Event of Default, and Lender may exercise any or all of its available remedies for an Event of Default as provided below unless Grantor either (1) pays the tax before it becomes delinquent, or (2) contests the tax as provided above in the Taxes and Liens section and deposits with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender. MORTGAGE Loan No: 3374050 (Continued) Page 5 SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Mortgage as a security agreement are a part of this Mortgage: Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property constitutes fixtures, and Lender shall have sit of the rights of a secured party under the Uniform Commercial Code as amended from time to time. Security Interest. Upon request by Lender, Grantor shall take whatever action is requested by Lender to perfect and continue Lender's security interest in the Rents and Personal Property. In addition to recording this Mortgage in the real property records, Lender may, at any time and without further authorization from Grantor, file executed counterparts, copies or reproductions of this Mortgage as a financing statement. Grantor shall reimburse Lender for all expenses incurred in perfecting or continuing this security interest. Upon default, Grantor shall not remove, sever or detach the Personal Property from the Property. Upon default, Grantor shall assemble any Personal Property not affixed to the Property in a manner and at a place reasonably convenient to Grantor and Lender and make it available to Lender within three (3) days after receipt of written demand from Lender to the extent permitted by applicable law. Addresses. The mailing addresses of Grantor (debtor) and Lender (secured party) from which information concerning the security interest granted by this Mortgage may be obtained (each as required by the Uniform Commercial Code) are as stated on the first page of this Mortgage. FURTHER ASSURANCES; ADDITIONAL AUTHORIZATIONS. The following provisions relating to further assurances and additional authorizations are a part of this Mortgage: Further Assurances. At any time, and from time to time, upon request of Lender, Grantor will make, execute and deliver, or will cause to be made, executed or delivered, to Lender or to Lender's designee, and when requested by Lender, cause to be filed, recorded, refiled, or rerecorded, as the case may be, at such times and in such offices and places as Lender may deem appropriate, any and all such mortgages, deeds of trust, security deeds, security agreements, financing statements, continuation statements, instruments of further assurance, certificates, and other documents as may, in the sole opinion of Lender, be necessary or desirable in order to effectuate, complete, perfect, continue, or preserve (t) Grantor's obligations under the Note, this Mortgage, and the Related Documents, and (2) the liens and security interests created by this Mortgage as first and prior liens on the Property, whether now owned or hereafter acquired by Grantor. Unless prohibited by law or Lender agrees to the contrary in writing, Grantor shall reimburse Lender for ail costs and expenses incurred in connection with the matters referred to in this paragraph. Additional Authorizations. If Grantor fails to do any of the things referred to in the preceding paragraph, Lender may do so for and in the name of Grantor and at Grantor's expense. For such purposes, Grantor hereby irrevocably authorizes Lender to make, execute, deliver, file, record and do all other things as may be necessary or desirable, in Lender's sole opinion, to accomplish the matters referred to in the preceding paragraph. It is understood that nothing set forth herein shall require Lender to take any such actions. FULL PERFORMANCE. If Grantor pays all the Indebtedness when due, 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. Each of the following, at Lender's option, shall constitute an Event of Default under this Mortgage: 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. Environmental Default. Failure of any party to comply with or perform when due any term, obligation, covenant or condition contained in any environmental agreement executed in connection with the Property. Other Defaults. Grantor fails to comply with or to perform any other term, obligation, covenant or condition contained in this Mortgage or in any of the Related Documents or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement between Lender and Grantor. 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. False Statements. Any warranty, representation or statement made or furnished to Lender by Grantor or on Grantor's behalf under this Mortgage or the Related Documents is false or misleading in any material respect, d MORTGAGE Loan No: 3374050 (Continued) Page B either now or at the time made or furnished or becomes false or misleading at any time thereafter. Defective CollateraBzation. This Mortgage 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. 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. Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, repossession or any other method, by any creditor of Grantor or by any governmental agency against any property securing the Indebtedness. This includes a garnishment of any of Grantor's accounts, including deposit accounts, with Lender. However, this Event of Default shall not apply if there is a good faith dispute by Grantor as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Grantor gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute. 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. Adverse Change. A material adverse change occurs in Grantor's financial condition, or Lender believes the prospect of payment or performance of the Indebtedness is impaired. 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: 11) cures the default within fifteen 05) days; or (2) 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. Collect Rents. Lender shall have the right, without notice to Grantor, to take possession of the Property and, with or without taking possession of the Property, to collect the Rents, including amounts past due and unpaid, and apply the net proceeds, over and above Lender's costs, against the Indebtedness. In furtherance of this right, Lender may require any tenant or other user of the Property to make payments of rent or use fees directly to Lender. If the Rents are collected by Lender, then Grantor irrevocably authorizes Lender to endorse instruments received in payment thereof in the name of Grantor and to negotiate the same and collect the proceeds. Payments by tenants or other users to Lender in response to Lender's demand shall satisfy the obligations for which the payments are made, whether or not any proper grounds for the demand existed. Lender may exercise its rights under this subparagraph either in person, by agent, or through a receiver. Appoint Receiver. Lender shall have the right to have a receiver appointed to take possession of all or any part of the Property, with the power to protect and preserve the Property, to operate the Property preceding foreclosure or sale, and to collect the Rents from the Property and apply the proceeds, over and above the cost of the receivership, against the Indebtedness. The receiver may serve without bond if permitted by law. Lender's right to the appointment of a receiver shall exist whether or not the apparent value of the Property exceeds the Indebtedness by a substantial amount. Employment by Lender shall not disqualify a persor, from serving as a receiver. MORTGAGE Loan No: 3374050 (Continued) Page 7 Judicial Foreclosure. Lender may obtain a judicial decree foreclosing Grantor's interest in all or any part of the Property. Possession of the Property. For the purpose of procuring possession of the Property, Grantor hereby authorizes and empowers any attorney of any court of record in the Commonwealth of Pennsylvania or elsewhere, as attorney for Lender and all persons claiming under or through Lender, to sign an agreement for entering in any competent court an amicable action in ejectment for possession of the Property and to appear for and confess judgment against Grantor, and against all persons claiming under or through Grantor, for the recovery by Lender of possession of the Property, without any stay of execution, for which this Mortgage, or a copy of this Mortgage verified by affidavit, shall be a sufficient warrant; and thereupon a writ of possession may be issued forthwith, without any prior writ or proceeding whatsoever. Nonjudicial Sale. If permitted by applicable law, Lender may foreclose Grantor's interest in all or in any part of the Personal Property or the Real Property by non-judicial sale. Deficiency Judgment. Lender may obtain a judgment for any deficiency remaining in the Indebtedness due to Lender after application of all amounts received from the exercise of the rights provided in this section. Tenancy at Sufferance. If Grantor remains in possession of the Property after the Property is sold as provided above or Lender otherwise becomes entitled to possession of the Property upon default of Grantor, Grantor shall become a tenant at sufferance of Lender or the purchaser of the Property and shall, at Lender's option, either (1) pay a reasonable rental for the use of the Property, or (2) vacate the Property immediately upon the demand of Lender. Other Remedies. Lender shall have all other rights and remedies provided in this Mortgage or the 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. Notice of Sale. Lender shall give Grantor reasonable notice of the time and place of any public sale of the Personal Property or of the time after which any private sale or other intended disposition of the Personal Property is to be made. Unless otherwise required by applicable law, reasonable notice shall mean notice given at least ten (10) days before the time of the sale or disposition. Any sale of the Personal Property may be made in conjunction with any sale of the Real Property. Election of Remedies. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of Grantor under this Mortgage, after Grantor's failure to perform, shall not affect Lender's right to declare a default and exercise its remedies. Nothing under this Mortgage or otherwise shall be construed so as to limit or restrict the rights and remedies available to Lender following an Event of Default, or in any way to limit or restrict the rights and ability of Lender to proceed directly against Grantor and/or against any other co-maker, guarantor, surety or endorser and/or to proceed against any other collateral directly or indirectly securing the Indebtedness. 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. NOTICES. Unless otherwise provided by applicable law, any notice required to be given under this Mortgage shall be given in writing, and shall be effective when actually delivered, when actually received by telefacsimile (unless otherwise required by law), when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States mail, as first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Mortgage. All copies of notices of foreclosure from the holder of any lien which has priority over this Mortgage and notices pursuant to 42 Pa. C.S.A. Section 8143, at. seq., shall be sent to Lender's address, as shown near the beginning of this Mortgage. Any party may change its address for notices under this Mortgage by giving formal written notice to the other parties, specifying that the purpose of the notice is to change the party's address. For notice purposes, Grantor agrees to keep Lender informed at all times of Grantor's current address. Unless MORTGAGE Loan No: 3374050 (Continued) Page 8 otherwise provided by applicable law, if there is more than one Grantor, any notice given by Lender to any Grantor is deemed to be notice given to all Grantors. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Mortgage: Amendments. This Mortgage, together with any Related Documents, constitutes the entire understanding and agreement of the parties as to the matters set forth in this Mortgage. No alteration of or amendment to this Mortgage shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. Annual Reports. If the Property is used for purposes other than Grantor's residence, Grantor shall furnish to Lender, upon request, a certified statement of net operating income received from the Property during Grantor's previous fiscal year in such form and detail as Lender shall require. "Net operating income" shall mean all cash receipts from the Property less all cash expenditures made in connection with the operation of the Property. Caption Headings. Caption headings in this Mortgage are for convenience purposes only and are not to be used to interpret or define the provisions of this Mortgage. Governing Law. This Mortgage will be governed by 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. No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Mortgage unless such waiver is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Mortgage shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that provision or any other provision of this Mortgage. No prior waiver by Lender, nor any course of dealing between Lender and Grantor, shall constitute a waiver of any of Lender's rights or of any of Grantor's obligations as to any future transactions. Whenever the consent of Lender is required under this Mortgage, the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender. SeverabiGty. If a court of competent jurisdiction finds any provision of this Mortgage to be illegal, invalid, or unenforcoable as to any circumstance, that finding shall not make the offending provision illegal, invalid, or unenforceable as to any other circumstance. If feasible, the offending provision shall be considered modified so that it becomes legal, valid and enforceable. If the offending provision cannot be so modified, it shall be considered deleted from this Mortgage. Unless otherwise required by law, the illegality, invalidity, or unenforceability of any provision of this Mortgage shall not affect the legality, validity or enforceability of any other provision of this Mortgage. Merger. There shall be no merger of the interest or estate created by this Mortgage with any other interest or estate in the Property at any time held by or for the benefit of Lender in any capacity, without the written consent of Lender, Successor Interests. The terms of this Mortgage shall be binding upon Grantor, and upon Grantor's heirs, personal representatives, successors, and assigns, and shall be enforceable by Lender and its successors and assigns. Time is of the Essence. Time is of the essence in the performance of this Mortgage. DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Mortgage. Unless specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful money of the United States of America. Words and terms used in the singular shall include the plural, and the plural shall include the singular, as the context may require. Words and terms not otherwise defined in this Mortgage shall have the meanings attributed to such terms in the Uniform Commercial Code: 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. Default. The word "Default" means the Default set forth in this Mortgage in the section titled "Default". Environmental Laws. The words "Environmental Laws" mean any and all state, federal and local statutes, regulations and ordinances relating to the protection of human health or the environment, including without limitation the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, at seq. ("CERCLA"), the Superfund Amendments and Reauthorization Act of 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. MORTGAGE Loan No: 3374050 (Continued) Page 9 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. Hazardous Substances. The words "Hazardous Substances" mean materials that, because of their quantity, concentration or physical, chemical or infectious characteristics, may cause or pose a present or potential hazard to human health or the environment when improperly used, treated, stored, disposed of, generated, manufactured, transported or otherwise handled. The words "Hazardous Substances" are used in their very broadest sense and include without limitation any and all hazardous or toxic substances, materials or waste as defined by or listed under the Environmental Laws. The term "Hazardous Substances" also includes, without limitation, petroleum and petroleum by-products or any fraction thereof and asbestos. Improvements. The word "Improvements" means all existing and future improvements, buildings, structures, mobile homes affixed on the Real Property, facilities, additions, replacements and other construction on the Real Property. indebtedness. The word "Indebtedness" means all principal, interest, and other amounts, costs and expenses payable under the 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. Mortgage. The word "Mortgage" means this Mortgage between Grantor and Lender. Note. The word "Note" means the promissory note dated March 10, 2006, in the original principal amount of $130,000.00 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. The maturity date of the Note is March 10, 2021. 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. Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness. Rents. The word "Rents" means all present and future rents, revenues, income, issues, royalties, profits, and other benefits derived from the Property. GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MORTGAGE, AND GRANTOR AGREES TO ITS TERMS. THIS MORTGAGE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS MORTGAGE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. GR OR X ti. a (Seel) Daniel L Schubert - C MORTGAGE Loan No: 3374050 (Continued) Page 10 CERTIFICATE OF RESIDENCE I hereby certify, that the precise address of the mortgagee, COMMERCE BANK/HARRISBURG N.A., herein is as follows: COMMERCIAL MORTGAGE DEPARTMENT, 100 SENATE AVENUE, CAMP HILL, PA 17011 i ? ,r=,r q ?; r f A-torr?sfc„or Agent for Mortgagee INDIVIDUAL ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA 9 ) ) SS COUNTY OF On this, the n day of t At 20 before me l'- - 4 1 o /i %i,. 11 the undersigned Notary 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, I hereunto set my hand and official seal. r '"OUVONWEA,LT'rf OF PENNSYLVANIA Notarial Seal s Karen i- gam. Notary PAC Notary Public in and for the State of csburg Boro, Cuntar W Cpl, ` MMiMbn Expires Nov. 24,20D9 Me, ennsylvania Assa ciatfon of Notaries LP LASER PRO Lmdi,,. V- 3.90.00.004 C.w, HrWM FI-W SeWd-S. Ma 1097, 2003- A$ Ryahp R . - PA IIAWISNPPa1I-SKCPALPLUMM 7R1S2I1 MIS LEGAL DESCRIPTION ALL THAT CERTAIN lot of land situate in the Borough of Lemoyne, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows: BEGINNING at a point on the southeastern corner of Bosler and Lorne Streets; thence eastward along the southern line of Bosler Avenue twenty (20) feet to a point; thence southward through the center line of a double brick dwelling house one hundred fifty (150) feet to Apple Alley; thence westward along the northern line of Apple Alley twenty (20) feet to Lorne Street; thence northward one hundred fifty (150) feet along the eastern line of Lorne Street to a point, the place of BEGINNING. BEING the western half of Lot No. 89, Section D. in a plan of lots known as Plan No. 1, Riverton, Pennsylvania, said plan being recorded in the Recorder's Office in and for Cumberland County, Pennsylvania in Deed Book J, Volume 4, Page 40. THE name of Lorne Street referred to in the foregoing description has been changed by Ordinance of the Borough of Lemoyne to Seventh Street. PROPERTY (642 Bosler Avenue): As described in Deed Book 110, Page 146 Parcel 912-22-0824-131 'I N THE COURT OF COMMON PLEAS OF CUMBERLAND COUN'T'Y; PENNSYLVANIA METRO BANK f/k/a CIVIL DIVISION Commerce Bank/Harrisburg, N.A., Plaintiff, NO.: vs. DANIEL L. SCHUBERT, Defendant. VERIFICATION I; 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 unswom 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. Date: Bar c -- - ( John T. Robertson, Vice President SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson lF r j Sheriff (s3? o'f C 4. °' I;4 . q?Vtk4? a1 l'.?t:?lu?P Jody S Smith l012 MAY " I P? ?: t? i Chief Deputy Richard W Stewart CUMBERLAM {PC U14 }-fir Solicitor F 40ENNSYLVANIA Metro Bank vs I Case Number . Daniel Lee Schubert 2012-2422 SHERIFF'S RETURN OF SERVICE 04/20/2012 08:24 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on April 20, 2012 at 2024 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 m elf personally, at 418 7th Street, New Cumberland, Cumberland County, Pennsylvania 17070 it n is nd at the same time handing to him personally the said true and correct copy of the same. ON, DEPUTY SHERIFF COST: $45.00 April 26, 2012 SO ANSWERS, RONI'TY R ANDERSON, SHERIFF ?'Gur S At c ?..?. ._oit i 'c 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. I Hereby certify that the last known address of Defendant(s) is/are: 418 7th Str et New Cu rl , P 070 ott A. ietterick, quire CIVIL DIVISION No.: 12-2422 Civil Term ISSUE NUMBER: TYPE OF PLEADING: r, PRAECIPE FOR DEFAULT JUDGMENT (Mortgage Foreclosure) 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 Attorney for Plaintiff JAMES, SMITH, DIETTERICK & CONNELLY LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 auk Q14.S6p1 a-7sgg? -k \A4 o fled 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.: 12-2422 Civil Term 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 $103,677.70 which is itemized as follows: Principal $ 98,199.32 Interest through 5/24/2012 $ 3,325.26 Late Charges $ 443.12 Attorney's Fees $ 1,300.00 Title Costs $ 410.00 TOTAL $ 103,677.70 plus interest on the principal sum ($98,199.32) from May 25, 2012, at the rate of $20.17 per diem, plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale oft the morted premises. JAMES 01 & CONNELLY LLP By: Scott A. Dietterick, Esquire Attorney for Plaintiff PA I.D. #55650 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 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 evidenced by the attached copies. Sworn to and subscribed before me this 25`h day of May, 2012. (,*7,u sj) &'t- L Notary Public My Commission Expires: s NOTARIAL SEAL CHRISTINE L SPURLOCK Notary Public HUMMELSTOWN BORO, DAUPHIN COUNTY My Com ission Expires Jun 23, 2012 Dietterick, 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.: 12-2422 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: $103,677.70 plus interest on the principal sum ($98,199.32) from May 25, 2012, at the rate of $20.17 per diem, plus additional late charges, and costs (including additional escrow advances), additional attorneys' foes and costs and for foreclosure and sale of the mortgaged premises. Deputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA METRO BANK f/k/a CIVIL DIVISION Commerce Bank/Hanisburg, N.A., Plaintiff, vs. DANIEL L. SCHUBERT, Defendant. NO.: 12-2422 Civil Term IMPORTANT NOTICE TO: Daniel L. Schubert 418 7"' Street New Cumberland, PA 17070 DATE OF NOTICE: May 11, 2012 YOUARE 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 OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS 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 CIVIL DIVISION Commerce Bank/Harrisburg, N.A., Plaintiff, NO.: 12-2422 Civil Term vs. DANIEL L. SCHUBERT, Defendant. AVISO IMPORTANTE A. Daniel L. Schubert FECHA DEL AVISO: May 11, 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 ESTE DOCUMENTO INMEDIATAMENTE A SU ABOGADO. SI USTED NO TIENTE UN'ABOGADO O NO PUEDE PAGAR UNO, VAYA O LLAME LA OFICINA A BAJO INDICAD A P A R A QUTE 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) 249-3166 (800) 990-9108 k DATE: May 11, 2012 f ' JAMES SMITH,4)IE?I`TERI & CONNELLY LLP k . BY: k Sc6tt A. Dietterick, Esquire PA I.D. #55650 Kimberly A. Bonner, Esquire PA I.D. #89705 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 FIRST CLASS U.S. MAIL, POSTAGE PREPAID (717) 533-3280 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor 00)%1r Lit l"tr?nGrr/i?FO t~ ?);:]::E if 7Kt Er,IFF Metro Bank vs. Daniel Lee Schubert Case Number 2012-2422 SHERIFF'S RETURN OF SERVICE 04/20/2012 08:24 PIM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on April 20, 2012 at 2024 hours, he served a true copy of the within Complaint in Mortg e Foreclosure, upon the within named defendant, to wit: Daniel Lee Schubert, by making known unto m elf personally, at 418 7th Street, New Cumberland, Cumberland County, Pennsylvania 17070 itpnt is nd at the same time handing to him personally the said true and correct copy of the same. SfJAWN HAP4RtSON, DEPUTY SHERIFF COST: $45,00 April 26, 2012 SO ANSWERS, RONr1Y R ANDERSON, SHERIFF cl CountgSulh Shilit7. Te!ncscTi Ins WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 12-2422 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: $103,677.70 I..L.: $.50 Interest from 5/25/2012 to Date of Sale - $2,077.51 Atty's Comm: '% Due Prothy: $2.25 Atty Paid: $196.25 Other Costs: Plaintiff Paid: Date: 5/30/12 2z Davi AellProthonotary (Seal) By: Deputy REQUESTING PARTY: Name: SCOTT A. DIETTERICK, ESQUIRE Address: JAMES SMITH DIETTERICK & CONNELLY LLP P.O. BOX 650 HERSHEY, PA 17033 Attorney for: PLAINTIFF Telephone: 717-533-3280 Supreme Court ID No. 55650 IN THE COURT OF anm PIERS OF C[MERI.APID CGQUM, PMCYLVANIA Metro Bank f/k/a Commerce CIVIL DIVISION Bank/Harrisburg, N.A. : File No. 12-2422 Civil Term (Plaintiff) : Amount Due $ 103,677.70 v : Interest from 5/25/2012 to $ 2,077.51 date sale 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 Cumberland., County, for debt, interest and costs upon the following described property of j'-the defendant (s) ?- f" N ?-1 See Exhibit "A" attached. PRAECIPE FOR ATTACHMENT EXECUTION 7-1 o 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) as a lis pendens against real estate of the defendant(s) described in the attached e bit DATE: May 25, 2012 Signature: O ^^ CC?? Print Name: Scott A. Dietterick, Esquire p?0•so?>k aN Address: James Smith Dietterick & Connelly LLP y s .oo cF )0S. 75 ?U.SC;u 9 ?t to OQ a I 52, 2-5- Dwe- Co S : 5-0 PL-c LL P O Box 650, Hershey PA 17033 Attorney for: Plaintiff Telephone: (717) 533-3280 Supreme Court ID No.: 55650 Li aa? _W 'Q s??°? W, A ? V ? T_SSA N LEGAL DESCRIPTION ALL THAT CERTAIN lot of land situate in the Borough of Lemoyne, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows: BEGINNING at a point on the southeastern corner of Bosler and Lorne Streets; thence eastward along the southern line of Bosler Avenue twenty (20) feet to a point; thence southward through the center line of a double brick dwelling house one hundred fifty (150) feet to Apple Alley; thence westward along the northern line of Apple Alley twenty (20) feet to Lorne Street; thence northward one hundred fifty (150) feet along the eastern line of Lorne Street to a point, the place of BEGINNING. BEING the western half of Lot No. 89, Section D, in a plan of lots known as Plan No. 1, Riverton, Pennsylvania, said plan being recorded in the Recorder's Office in and for Cumberland County, Pennsylvania in Deed Book J, Volume 4, Page 40. THE name of Lorne Street referred to in the foregoing description has been changed by Ordinance of the Borough of Lemoyne to Seventh Street. HAVING thereon erected a dwelling house being known and numbered as 642 Bosler Avenue, Lemoyne, PA 17043. BEING the same premises which Charles F. Schubert and Mary E. Schubert, Husband and Wife, by Deed dated Februany 16, 2006 and recorded on March 17, 2006 in and for Cumberland County, in Deed Book Volume 273, Page 2986, granted and conveyed unto Daniel L. Schubert. Parcel No. 12-22-0824-131 Exhibit "A" IN THE COURT OF COMMON PLEAS OF r? ? rv CUMBERLAND COUNTY, PENNSYLVANIA -: < - METRO BANK f/k/a CIVIL DIVISION Commerce Bank/Harrisburg, N.A., Plaintiff, vs. DANIEL L. SCHUBERT, Defendant. NO.: 12-2422 Civil Term 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 642 Bosler Avenue, Lemoyne, Pennsylvania 17043: 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 4187 1h Street New Cumberland, PA 17070 3. 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 Plaintiff Commerce Bank/Harrisburg, N.A. 4. Name and Address of the last record holder of every mortgage of record: METRO BANK f/k/a Plaintiff Commerce Bank/Harrisburg, N.A. If 5. Name and Address of every other person who has any record lien on the property: CUMBERLAND COUNTY TAX Cumberland County Courthouse CLAIM BUREAU 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: CURRENT OCCUPANT(S) TENANT(S) UNKNOWN SPOUSE OF DANIEL L. SCHUBERT DEPARTMENT OF REVENUE COMMONWEALTH OF PA 642 Bosler Avenue Lemoyne, PA 17043 4187 th 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 Cumberland County Courthouse DOMESTIC 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, & CONI DATED: 5 -p2?s- (), BY: Scott 4-Tyrerterick, 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, k r,„ 2 METRO BANK f/k/a CIVIL !1 Commerce Bank/Harrisburg, N.A., R Plaintiff, vs. DANIEL L. SCHUBERT, Defendant. NO.: 12-2422 Civil Term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 Daniel L. Schubert 4187 th 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: 642 Bosler Avenue Lemoyne, Pennsylvania 17043 Cumberland County The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 12-2422 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 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, SMITH,PIETT4I KK & CONNELLY LLP DATED: 5? (off BY Scott A. DiefttAck, 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 lot of land situate in the Borough of Lemoyne, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows: BEGINNING at a point on the southeastern corner of Bosler and Lorne Streets; thence eastward along the southern line of Bosler Avenue twenty (20) feet to a point; thence southward through the center line of a double brick dwelling house one hundred fifty (150) feet to Apple Alley; thence westward along the northern line of Apple Alley twenty (20) feet to Lorne Street; thence northward one hundred fifty (150) feet along the eastern line of Lorne Street to a point, the place of BEGINNING. BEING the western half of Lot No. 89, Section D, in a plan of lots known as Plan No. 1, Riverton, Pennsylvania, said plan being recorded in the Recorder's Office in and for Cumberland County, Pennsylvania in Deed Book J, Volume 4, Page 40. THE name of Lorne Street referred to in the foregoing description has been changed by Ordinance of the Borough of Lemoyne to Seventh Street. HAVING thereon erected a dwelling house being known and numbered as 642 Bosler Avenue, Lemoyne, PA 17043. BEING the same premises which Charles F. Schubert and Mary E. Schubert, Husband and Wife, by Deed dated February 16, 2006 and recorded on March 17, 2006 in and for Cumberland County, in Deed Book Volume 273, Page 2986, granted and conveyed unto Daniel L. Schubert. Parcel No. 12-22-0824-131 Exhibit "A" 0'- FT E IN THE COURT OF COMMON PLEAS OF ?; r E' L' i J T H ON G A R Y CUMBERLAND COUNTY, PENNSYLVANIA AM 11 : 26 METRO BANK f/k/a CIVIL DIVISION '?t1?cRLAN0 COU TY Commerce Bank/Harrisburg, N.A., F L N N S Y LVA N! Plaintiff, NO.: 12-2422 Civil Term vs. ISSUE NO.: DANIEL L. SCHUBERT, TYPE OF PLEADING: Defendant. 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 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.: 12-2422 Civil Term Pa.R.C.P. RULE 3129.2(c) AFFIDAVIT OF SERVICE OF DEFENDANT/OWNER AND OTHER PARTIES OF INTEREST I, Scott A. Dietterick, Esquire, attorney for Metro Bank f/k/a Commerce N.A., Plaintiff, being duly sworn according to law depose and make the following Affidavit regarding service of Plaintiffs Notice of Sheriffs Sale of Real Property in this matter on Defendant/Owner and Other Parties of Interest as follows: 1. Defendant, Daniel L. Schubert, is the record owner of the real property. 2. On or about June 18, 2012, Defendant, Daniel L. Schubert, was served with Plaintiffs Notice of Sheriffs Sale of Real Property Pursuant to Pa.R.C.P. 3129, personally by Sheriff of Cumberland County, at the address of 418 7th Street, New Cumberland, Pennsylvania 17070. A true and correct copy of said Notice and Return of Service are marked Exhibit "A", attached hereto and made a part hereof. 3. On or about August 1, 2012, Plaintiff's counsel served all other parties in with Plaintiff's Notice of Sheriff's Sale according to Plaintiff's Affidavit Pursuant to Rule 3129.1, via First Class U.S. Mail, Postage Pre-Paid, with a Certificate of Mailing. True and 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 Interest were served with Plaintiffs Notice of Sheriffs Sale of Real Property in accordance with Pa. R.C.P. 3129.2. JAM Dated: 8-2-2012 BY: Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 Sworn to and subscribed before me this 2° y of August, 2012. 'L)-Q? NrtV6 Public MY COMMISSION EXPIRES: 3 - S'?d3 COMMONWFALUIOFPENNSYI VANIA NOTARIAL SFAL DENISE. L. FOSTER, NOTARY PUBLIC CITY OF HARRISBURG, DAUPHIN COUNTY MY COMMISSION EXPIRFS MARCH 05, 2013 ,ONNELLY Pa. I.D. #55650 EXHIBIT "A" SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ?4?t>,t>,n of 4trrttttrF(,:TrtO OFFICE OF THE SHERIFF Metro Bank vs. Daniel Lee Schubert Case Number 2012-2422 SHERIFF'S RETURN OF SERVICE 06/16/2012 01:22 PM - Deputy Shawn Harrison, being duly sworn according to law, states service was performed b) posting 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 tir 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. SHERIFF COST: $933.20 July 17, 2012 SO ANSWERS, RAN DERSON, SHERIFF (c) CountySuite Shenfl. Teteosofl. Inc. 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.: 12-2422 Civil Term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 Daniel L. Schubert 418 7t' 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: 642 Bosler Avenue Lemoyne, Pennsylvania 17043 Cumberland County The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 12-2422 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 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 Sheriff s Sale, you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the 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, PIETTI K & CONNELLY LLP DATED: - (? BY: FP? t ?? /. ScottA. Die ck, 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 lot of land situate in the Borough of Lemoyne, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows: BEGINNING at a point on the southeastern corner of Bosler and Lorne Streets; thence eastward along the southern line of Bosler Avenue twenty (20) feet to a point; thence southward through the center line of a double brick dwelling house one hundred fifty (150) feet to Apple Alley; thence westward along the northern line of Apple Alley twenty (20) feet to Lorne Street; thence northward one hundred fifty (150) feet along the eastern line of Lorne Street to a point, the place of BEGINNING. BEING the western half of Lot No. 89, Section D, in a plan of lots known as Plan No. 1, Riverton, Pennsylvania, said plan being recorded in the Recorder's Office in and for Cumberland County, Pennsylvania in Deed Book 3, Volume 4, Page 40. THE name of Lorne Street referred to in the foregoing description has been changed by Ordinance of the Borough of Lemoyne to Seventh Street. HAVING thereon erected a dwelling house being known and numbered as 642 Bosler Avenue, Lemoyne, PA 17043. BEING the same premises which Charles F. Schubert and Mary E. Schubert, Husband and Wife, by Deed dated Febru---y 16, 2006 and recorded on March 17, 2006 in and for Cumberland County, in Deed Book Volume 273, Page 2986, granted and conveyed unto Daniel L. Schubert. Parcel No. 12-22-0824-131 Exhibit "A" EXHIBIT "B" Uvri+>:vsmrEs ?PD?LSERVKE• Certificate Of Wilk ?S®for maili JAMES, SMITH, DIETTERICK & o 1A CONNELLY LLP N ATM: CHRIS SPURLOCK o P.O. BOX 650 HERSHEY, PA 17033 !, . Z J4- QD 4 ?l N a 1 W PS Form 3817, April 2007 PSN 7530-02-000-9065 Oo tNWTDS MATES PaSixSEwkre Certificate Of Maili for ma ' JAMES, SMITH, DIETTERICK & Co d _ CONNELLY LLP • H ° ATTN: CHRIS SPURLOCK CD P.O. BOX 650 r i HERSHEY, PA 17033 _ t`-'-? ?x aq- Vi -s v u PS Form 3817, April 2 007 PSN 7530-02-000-9065 -41 Ps / ' lZ-ZY?U l_. 0ivil I Trm N O l' • Certificate Of Mail 'm for m Q JAMES, SMITH, DIETTERICK & ° ^° N CONNELLY LLP ATTN: CHRIS SPURLOCK o P.O. BOX 650 N HERSHEY, PA 17033 Tol_-16"W1,14 C- ?Y`MS'E1Z ?MS ,Af.L Q.y ,D J t sR - i. L 182 ?-wLG? ?.w C1`sv u - v_a-w i -D 01"Wu s 6- ?p 1 i 3 .? J 0 / ?reo s. 00 PS Form 3817, April 2007 PSN 7530-02-000-9065 7 1 7 N to a ?z- z`l LZ fVt? ??Y--Wk O ? co 2) • ? O md r\) • Certificate Of Will 3PO forme SMITH, DIETTERICK & JAMES - o , CONNELLY LLP • rv ATTN: CHRIS SPURLOCK ° P.O. BOX 650 N 33 70 HERSHEY, PA 1 t 17 ? .y M ?f? ?whui? T Q44 OSOka©l r?v?3bw.? P"? 1m 26 ozao ; -40 ? 7530-02-000-9065 PS Form 3817, April 2007 PSN rn 7 /L C! vl' , !? irw \\r-.. A umnwsmn3 PCUM • Certificate Of Will S for mei JAMES, SMITH, DIETTERICK & - CONNELLY LLP ATTN: CHRIS SPURLOCK - P.O. BOX 650 - HERSHEY, PA 17033 To: UAL" wn D L- 5-36kU6?f Forth 3817, April 2007 PSN 7530-02-000-9065 uNnwSTArES ?0bMSBWKE• Certificate Of Maili ?formei ? p ? JAMES, SMITH, DIETTERICK & - S o CONNELLY LLP N ATTN: CHRIS SPURLOCK P.O. BOX 650 - HERSHEY, PA 17033 To:Cu av C r_? ti ?v5c ^ -? N?,4 ?cw???`cn1s? w gGC?p Cc?r l 5cc 1A I i 3 ? ? - PS Form 3817, April 2007 PSN 7530-02-000-9065 00 j? #' , p ?r? .2pZ C! vI I Term IA U EDS1I4M ?POSmr.s 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.: 12-2422 Civil Term 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 of 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 642 Bosler Avenue Lemoyne, Pennsylvania 17043 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. 12-2422 Civil Term in the amount of $103,677.70, plus interest and costs. Claims against property must be filed at the Office of the Sheriff before above sale date. 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 ERICK & T CONNELLYILLIY Dated: 8-1-2012 By: -,-/ 11 "- -°' V Scott A. D' tterick, Esquire PA ID #55650 Attorney for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 LEGAL DESCRIPTION ALL THAT CERTAIN lot of land situate in the Borough of Lemoyne, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows: BEGINNING at a point on the southeastern corner of Bosler and Lorne Streets; thence eastward along the southern line of Bosler Avenue twenty (20) feet to a point; thence southwan through the center line of a double brick dwelling house one hundred fifty (150) feet to Apple Alley; thence westward along the northern line of Apple Alley twenty (20) feet to Lorne Street; thence northward one hundred fifty (150) feet along the eastern line of Lorne Street to a point, the place of BEGINNING. BEING the western half of Lot No. 89, Section D, in a plan of lots known as Plan No. Riverton, Pennsylvania, said plan being recorded in the Recorder's Office in and for Cumberl County, Pennsylvania in Deed Book J, Volume 4, Page 40. THE name of Lorne Street referred to in the foregoing description has been changed by Ordinance of the Borough of Lemoyne to Seventh Street. HAVING thereon erected a dwelling house being known and numbered as 642 Bosler Avenue, Lemoyne, PA 17043. BEING the same premises which Charles F. Schubert and Mary E. Schubert, Husband and Wife, by Deed dated February 16, 2006 and recorded on March 17, 2006 in and for Cumberland County, in Deed Book Volume 273, Page 2986, granted and conveyed unto Dani L. Schubert. Parcel No. 12-22-0824-131 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.: 12-2422 Civil Term NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST PURSUANT TO Pa.R.C.P. 3129(b) TO: CURRENT OCCUPANT(S)-TENANT(S) 642 BOSLER AVENUE LEMOYNE, PA 17043 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 Cow 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 642 Bosler Avenue Lemoyne, Pennsylvania 17043 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. 12-2422 Civil Term in the amount of $103,677.70, plus interest and costs. Claims against property must be filed at the Office of the Sheriff before above sale date. 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, TTERICK & CONNELL Dated: 8-1-2012 By: / ?, / ? / Scott A. etterick, Esquire PA ID #55650 Attorney for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 LEGAL DESCRIPTION ALL THAT CERTAIN lot of land situate in the Borough of Lemoyne, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows: BEGINNING at a point on the southeastern corner of Bosler and Lorne Streets; thence eastward along the southern line of Bosler Avenue twenty (20) feet to a point; thence southwarc through the center line of a double brick dwelling house one hundred fifty (150) feet to Apple Alley; thence westward along the northern line of Apple Alley twenty (20) feet to Lorne Street; thence northward one hundred fifty (150) feet along the eastern line of Lorne Street to a point, the place of BEGINNING. BEING the western half of Lot No. 89, Section D, in a plan of lots known as Plan No. 1, Riverton, Pennsylvania, said plan being recorded in the Recorder's Office in and for Cumberlar County, Pennsylvania in Deed Book J, Volume 4, Page 40. THE name of Lorne Street referred to in the foregoing description has been changed by Ordinance of the Borough of Lemoyne to Seventh Street. HAVING thereon erected a dwelling house being known and numbered as 642 Bosler Avenue, Lemoyne, PA 17043. BEING the same premises which Charles F. Schubert and Mary E. Schubert, Husband and Wife, by Deed dated February 16, 2006 and recorded on March 17, 2006 in and for Cumberland County, in Deed Book Volume 273, Page 2986, granted and conveyed unto Daniel L. Schubert. Parcel No. 12-22-0824-131 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.: 12-2422 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 TI STREET NEW CUMBERLAND, PA 17070 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of 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: 642 Bosler Avenue Lemoyne, Pennsylvania 17043 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. 12-2422 Civil Term in the amount of $103,677.70, plus interest and costs. Claims against property must be filed at the Office of the Sheriff before above sale date. 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 WERICK & CONNELLY P t Dated: 8-1-2012 By: v " Scott A. Die h erick, Esquire PA ID #55650 Attorney for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 LEGAL DESCRIPTION ALL THAT CERTAIN lot of land situate in the Borough of Lemoyne, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows: BEGINNING at a point on the southeastern corner of Bosler and Lorne Streets; thence eastward along the southern line of Bosler Avenue twenty (20) feet to a point; thence southward through the center line of a double brick dwelling house one hundred fifty (150) feet to Apple Alley; thence westward along the northern line of Apple Alley twenty (20) feet to Lorne Street; thence northward one hundred fifty (150) feet along the eastern line of Lorne Street to a point, the place of BEGINNING. BEING the western half of Lot No. 89, Section D, in a plan of lots known as Plan No. 1, Riverton, Pennsylvania, said plan being recorded in the Recorder's Office in and for Cumberlan County, Pennsylvania in Deed Book J, Volume 4, Page 40. THE name of Lorne Street referred to in the foregoing description has been changed by Ordinance of the Borough of Lemoyne to Seventh Street. HAVING thereon erected a dwelling house being known and numbered as 642 Bosler Avenue, Lemoyne, PA 17043. BEING the same premises which Charles F. Schubert and Mary E. Schubert, Husband and Wife, by Deed dated February 16, 2006 and recorded on March 17, 2006 in and for Cumberland County, in Deed Book Volume 273, Page 2986, granted and conveyed unto Daniel L. Schubert. Parcel No. 12-22-0824-131 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.: 12-2422 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 of 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: 642 Bosler Avenue Lemoyne, Pennsylvania 17043 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. 12-2422 Civil Term in the amount of $103,677.70, plus interest and costs. Claims against property must be filed at the Office of the Sheriff before above sale date. 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, SMITY1, DYETTERICK & CONNELLY UP/ Dated: 8-1-2012 By:? Scott A. Vetterick, Esquire PA ID #55650 Attorney for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 LEGAL DESCRIPTION ALL THAT CERTAIN lot of land situate in the Borough of Lemoyne, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows: BEGINNING at a point on the southeastern corner of Bosler and Lorne Streets; thence eastward along the southern line of Bosler Avenue twenty (20) feet to a point; thence southward through the center line of a double brick dwelling house one hundred fifty (150) feet to Apple Alley; thence westward along the northern line of Apple Alley twenty (20) feet to Lorne Street; thence northward one hundred fifty (150) feet along the eastern line of Lorne Street to a point, the place of BEGINNING. BEING the western half of Lot No. 89, Section D, in a plan of lots known as Plan No. 1, Riverton, Pennsylvania, said plan being recorded in the Recorder's Office in and for Cumberland County, Pennsylvania in Deed Book J, Volume 4, Page 40. THE name of Lorne Street referred to in the foregoing description has been changed by Ordinance of the Borough of Lemoyne to Seventh Street. HAVING thereon erected a dwelling house being known and numbered as 642 Bosler Avenue, Lemoyne, PA 17043. BEING the same premises which Charles F. Schubert and Mary E. Schubert, Husband and Wife, by Deed dated February 16, 2006 and recorded on March 17, 2006 in and for Cumberland County, in Deed Book Volume 273, Page 2986, granted and conveyed unto Daniel L. Schubert. Parcel No. 12-22-0824-131 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.: 12-2422 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 Cow 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: 642 Bosler Avenue Lemoyne, Pennsylvania 17043 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. 12-2422 Civil Term in the amount of $103,677.70, plus interest and costs. Claims against property must be filed at the Office of the Sheriff before above sale date. 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. Dated: 8-1-2012 JAMES, SA CONNELL Attorney for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 PA ID #55650 LEGAL DESCRIPTION ALL THAT CERTAIN lot of land situate in the Borough of Lemoyne, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows: BEGINNING at a point on the southeastern corner of Bosler and Lorne Streets; thence eastward along the southern line of Bosler Avenue twenty (20) feet to a point; thence southward through the center line of a double brick dwelling house one hundred fifty (150) feet to Apple Alley; thence westward along the northern line of Apple Alley twenty (20) feet to Lorne Street; thence northward one hundred fifty (150) feet along the eastern line of Lorne Street to a point, the place of BEGINNING. BEING the western half of Lot No. 89, Section D, in a plan of lots known as Plan No. 1, Riverton, Pennsylvania, said plan being recorded in the Recorder's Office in and for Cumberlan County, Pennsylvania in Deed Book J, Volume 4, Page 40. THE name of Lorne Street referred to in the foregoing description has been changed by Ordinance of the Borough of Lemoyne to Seventh Street. HAVING thereon erected a dwelling house being known and numbered as 642 Bosler Avenue, Lemoyne, PA 17043. BEING the same premises which Charles F. Schubert and Mary E. Schubert, Husband and Wife, by Deed dated February 16, 2006 and recorded on March 17, 2006 in and for Cumberland County, in Deed Book Volume 273, Page 2986, granted and conveyed unto Danielle L. Schubert. Parcel No. 12-22-0824-131 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.: 12-2422 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 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: 642 Bosler Avenue Lemoyne, Pennsylvania 17043 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. 12-2422 Civil Term in the amount of $103,677.70, plus interest and costs. Claims against property must be filed at the Office of the Sheriff before above sale date. 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')KH, VIE ERICK & 71 CONNELLY kJLP? Dated: 8-1-2012 By: V Scott A. Di terick, Esquire PA ID #55650 Attorney for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 . .. . LEGAL DESCRIPTION ALL THAT CERTAIN lot of land situate in the Borough of Lemoyne, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows: BEGINNING at a point on the southeastern corner of Bosler and Lorne Streets; thence eastward along the southern line of Bosler Avenue twenty (20) feet to a point; thence southwarc through the center line of a double brick dwelling house one hundred fifty (150) feet to Apple Alley; thence westward along the northern line of Apple Alley twenty (20) feet to Lorne Street; thence northward one hundred fifty (150) feet along the eastern line of Lorne Street to a point, the place of BEGINNING. BEING the western half of Lot No. 89, Section D, in a plan of lots known as Plan No. 1 Riverton, Pennsylvania, said plan being recorded in the Recorder's Office in and for Cumberlar County, Pennsylvania in Deed Book J, Volume 4, Page 40. THE name of Lorne Street referred to in the foregoing description has been changed by Ordinance of the Borough of Lemoyne to Seventh Street. HAVING thereon erected a dwelling house being known and numbered as 642 Bosler Avenue, Lemoyne, PA 17043. BEING the same premises which Charles F. Schubert and Mary E. Schubert, Husband and Wife, by Deed dated February 16, 2006 and recorded on March 17, 2006 in and for Cumberland County, in Deed Book Volume 273, Page 2986, granted and conveyed unto Dani L. Schubert. Parcel No. 12-22-0824-131 Exhibit "A" 2o,IZ-san cwll term Metro Bank Vs Daniel Lee Schubert Atty: Scott A Dletterlck ALL THAT CERTAIN lot ofland situate in the Borough of Lemoyne, County of Cumberland and Commomvealth of Pemnsylvania, bounded and described as follows: BEGINNING at a point on the southeastern corner of Boller and Lome Streets; thence eastward along the southern line of Boller Avenue twenty (20) feet to a point; thence southwazd through the center line of a double brick dwelling house one hundred fifty (150) feet to Apple Alley; thence westwazd along the northern line of Apple Alley twenty (20)'feet to Lome Street; thence northwazd one hundred fifty (150) feet along the eastern line of Lome Street to a point, the place of BEGINNING. BEING the western half of Lot No. 89, Section D, in a plan oflots known as Plan No. I, Riverton, Pennsyhtania, said plan being recorded in the Recorder's Office in and for Cumberland County, Pennsylvania in Deed Book J, Volume 4~ Page 40. THE name of Lome Street referred to in the foregoing description has been changed by Ordinance of the Borough of Lemoyne to Seventh Street. HAVING thereon erected ~. ouse being known and numbered 2 Bo.:ler Avenue, Lemoyne, PA 17b~ BEING the same premises which Charles F. Schubert and Mary E. Schubert, Ht'sband and Wife, by Deed dated February' 16, 2006 and recorded on March 17,2006 in and for Cumberland County, in Deed Book Volume 273, Page 2986, granted and conveyed unto Daniel L. Schubert. Parcel No.12-22-0824131 µ ~ The Patriot-News Co. 2020 Te'~hnology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 c~e~llatriot Now yo 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 Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 1 respectively, and alf have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in daily and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she n. Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duty authorized and empowered to verify this behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted set stocfcholders and board of directors of the said Company and subsequently duly recorded in the office for the Record in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown ~. D. know ~f the n the The Sunday Mate Ith, 1949, their regular ~r said >tatement as itatement on erally by the ng of Deeds .w: 07/27/12 08/03/12 08/10/12 .,,.-r COMMONWEALTH OF pENNSYLYANIA Notarial Seal Sherrie L. Owens, Notary Public Lower Paxton Twp., Dauphin County My Commission Expires Nov. 26, 2015 MEMBER, PENNSYWANIA ASSOCIATION OF NOTAR3ES CUMBERLAND LAW JOURNAL Writ No. X012-~4ZZ Civil Term Metro Bank vs. Daniel Lee Schubert Atty.: Scott A. Dietterick ALL THAT CERTAIN lot of land situate in the Borough of Lemoyne, County of Cumberland and Common- wealth of Pennsylvania, bounded and described as follows: BEGINNING at a point on the southeastern corner of Bosler and Lome Streets; thence eastward along the southern line of Bosler Avenue twenty (20) feet to a point; thence southward through the center line of a double brick dwelling house one hundred fifty (150) feet to Apple Alley; thence westward along the northern line of Apple Alley twenty (20) feet to Lome Street; thence northward one hundred fifty (150) feet along the eastern line of Lome Street to a point, the place of BEGINNING. BEING the western half of Lot No. 89, Section D, in a plan oflots known as Plan No. I, Riverton, Pennsylvania, said plan being recorded in the Re- corder's Office in and for Cumberland County, Pennsylvania in Deed Book J, Volume 4, Page 40. THE name of Lome Street referred to in the foregoing description has been changed by Ordinance of the Borough of Lemoyne to Seventh Street. HAVING thereon erected a dwell- ing house being known and num- bered as 642 Bosler Avenue, Le- moyne, PA 17043. BEING the same premises which Charles F. Schubert and Mary E. Schubert, Husband and Wife, by Deed dated February 16, 2006 and recorded on March 17,2006 in and for Cumberland County, in Deed Book Volume 273, Page 2986, granted and conveyed unto Daniel L. Schubert. Parcel No. 12-22-0824-131. 89 .. 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 regularl; issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, 27. August 3, and August 10, 2012 Aff~ant 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. ,---- isa Marie Coyne, Edit r SWORN TO AND SUBSCRIBED before me this 10 day of August, 2012 _ Notary -----_ NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ~atltittt, o! ~ u ir; y~,r f~rr~ i Jody S Smith Chief Deputy Richard W Stewart Solicitor ~~~~ t~~~~ (g ~~ ~~ .~3i+ CUMrjE~l.~~d~ ~~U1~-f',' P'ENIJSYLVANI~ Metro Bank vs. Daniel Lee Schubert Case Number 2012-2422 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 posting 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: $2,805.72 SO ANSWERS, a V" W November 19, 2012 RON 'R ANDERSON, SHERIFF o~. o2S'~ , t~l1 . .S`I' L.~ ~o/. mfr ~9~ra . Jaun.p5:.tlir: Sherif. 'i nenec>h, lei. ~..a ~-_, ' 1 ^~ IN THE COURT OF COMMON PLEAS OF ~ m CUMBERLAND COUNTY, PENNSYLVANIA ~'~ rv °'°' 9- r ~p w ~~ s- ._ METRO BANK f/k/a CIVIL DIVISION ~~ :- Commerce Bank/Harrisburg, N.A., ~ ~ -'~' `~` ~_ Plaintiff, NO.: 12-2422 Civil Term vs. DANIEL L. SCHUBERT, Defendant. 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 642 Boller Avenue, Lemoyne, Pennsylvania 17043: 1. Name and Address of Owner(s) or Reputed Owner(s): DANIEL L. SCHUBERT 418 7th Street New Cumberland, PA 17070 2. Name and Address of Defendant(s) in the Judgment: DANIEL L. SCHUBERT 418 7th Street New Cumberland, PA 17070 3. 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 Plaintiff Commerce Bank/Harrisburg, N.A. 4. Name and Address of the last record holder of every mortgage of record: METRO BANK f/k/a Plaintiff Commerce Bank/Harrisburg, N.A. ~. 5. Name and Address of every other person who has any record lien on the property: CUMBERLAND COUNTY TAX Cumberland County Courthouse CLAIM BUREAU 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: CURRENT OCCUPANT(S) 642 Bosler Avenue TENANT(S) Lemoyne, PA 17043 UNKNOWN SPOUSE OF 418 7th Street DANIEL L. SCHUBERT New Cumberland, PA 17070 DEPARTMENT OF REVENUE PA Inheritance Tax Division Department 280601 Harrisburg, PA 17128-0601 COMMONWEALTH OF PA 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 maybe affected by the sale: CUMBERLAND COUNTY Cumberland County Courthouse DOMESTIC 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, SMIT , UI TT~RICK & CO ': ~ DATED: ~ ~~5- f ~ BY: Scott ~.~Die~erick, 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.: 12-2422 Civil Term NOTICE OF SHERIFF'S SALE 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: 642 Bosler Avenue Lemoyne, Pennsylvania 17043 Cumberland County The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 12-2422 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 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 Sheriff s Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County. The petition must be served on the attorney for the creditor or on the creditor before 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,~IETT~E'~I~K & CONNELLY LLP ~i ~~~i E DATED: ~ ~_. (~ BY: Scott A. Diet'~efick, 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 r` LEGAL DESCRIPTION ALL THAT CERTAIN lot of land situate in the Borough of Lemoyne, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows: BEGINNING at a point on the southeastern corner of Bosler and Lorne Streets; thence eastward along the southern line of Bosler Avenue twenty (20) feet to a point; thence southward through the center line of a double brick dwelling house one hundred fifty (150) feet to Apple Alley; thence westward along the northern Line of Apple Alley twenty (20) feet to Lorne Street; thence northward one hundred fifty (150) feet along the eastern line of Lorne Street to a point, the place of BEGINNING. BEING the western half of Lot No. 89, Section D, in a plan of lots known as Plan No. 1, Riverton, Pennsylvania, said plan being recorded in the Recorder's Office in and for Cumberland County, Pennsylvania in Deed Book J, Volume 4, Page 40. THE name of Lorne Street referred to in the foregoing description has been changed by Ordinance of the Borough of Lemoyne to Seventh Street. HAVING thereon erected a dwelling house being known and numbered as 642 Bosler Avenue, Lemoyne, PA 17043. BEING the same premises which Charles F. Schubert and Mary E. Schubert, r ~ L a ,7 7:F 1, n a~ t ~ 1. ~,-~, F, 7 (~6~,. and rernj• d o M r h 1 7 7nn6 rJ~.suar~u anu V`Y ~~e, ~.-y ~ce~~ ,aged . e~ruu. ~ 1.,, 0 de r. a_c__ , _ in and for Cumberland County, in Deed Book Volume 273, Page 2986, granted and conveyed unto Daniel L. Schubert. Parcel No. 12-22-0824-131 Exhibit "A" WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH Ot~ PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 12-2422 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: $103,677.70 L.L.: $.50 Interest from 5/25/2012 to Date of Sale - $2,077.51 Atty's Comm: % Due Prothy: $2.25 Atty Paid: $196.25 Other Costs: Plaintiff Paid: Date: 5/30/12 David D. Buell, Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name: SCOTT A. DIETTERICK, ESQUIRE Address: JAMES SMITH DIETTERICK & CONNELLY LLP P.O. BOX 650 HERSHEY, PA 17033 TRUE ~ppY FROM RECORD Attorney for: PLAINTIFF In Testimony whereof, I here unto_set my hand Telephone: 717-533-3280 and the at of satd Cou at Cadiste, Pa~./~ !~~ 20 L~' f ~~ Supreme Court ID No. 55650 _ ~, ,__ This day o prothonotary ~~~ On June 1, 2012 the Sheriff levied upeon. the defendant's interest in the real property situated in Lemoyne Borough, Cumberland County, PA, known and numbered 418 7t" Street, Ne~+r Cumberland, PA 17070 mare fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: June 1, 2012 By: Claudia Brewbak~er, Real Estate Coordinator ,,i i ~