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HomeMy WebLinkAbout12-6686HENRY & BEAVER LLP By: Marc A. Hess Identification No. 55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 METRO BANK f/k/a COMMERCE BANK /HARRISBURG, N.A., Plaintiff vs. RODNEY L. YENTZER and NANCY J. YENTZER, his wife, Individually and Jointly, Defendants h G ~ -r; '~}~ ~ ~ S ~ ~~ C.a ~O D ~' ~~ ~ `c~-.a~,~ x ~:, ~a ~y ~n '~ ~ j+ •~~ „i+ --+ -< -~- ~ .~: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW No. lag - (~ ingl~ Ci v~ I Tl"ir~! CONFESSION OF JUDGMENT Pursuant to the authority contained in the Warrant of Attorney, a copy of which is attached to the Complaint filed in this action, I appear for the Defendants and confess judgment in favor of the Plaintiff and against Defendants as follows: Principal Sum Due - $ 65,848.13 Interest to 10/16/2012 - 786.56 Late Fees to 10/16/2012 - 3,525.87 Attorney's Commission (10% of unpaid principal and interest) - 6,663.47 Tota I - $ 76, 824.03 Together with interest which continues to accrue after entry of judgment and until paid in full at the contract rate ($12.346524 per diem), additional late fees as may accrue at the ,~~ a8as~y contract rate, additional and reasonable attorney's fees and costs as may be incurred, together with costs of suit and any and all amounts expended by Plaintiff to maintain its collateral. HE By: Prothonotary - 2 - I . D. #55774 Attorney for Defendants HENRY & BEAVER LLP By: Marc A. Hess Identification No. 55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 METRO BANK f/k/a COMMERCE BANK /HARRISBURG, N.A., Plaintiff vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW No. /oZ - (~ ~ S~(o ~i v i / (~/ IN RODNEY L. YENTZER and NANCY J. YENTZER, his wife, Individually and Jointly, Defendants COMPLAINT CONFESSION OF JUDGMENT Plaintiff files this Complaint pursuant to Pa. R.C.P. No. 2951(b) for judgment by confession and avers the following: 1. The Plaintiff is Metro Bank f/k/a Commerce Bank /Harrisburg, N.A., with an office located at 3801 Paxton Street, Harrisburg, Pennsylvania 17111. 2. The Defendants are Rodney L. Yentzer and Nancy J. Yentzer, his wife, adult individuals last known to reside at 250 Richland Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. Attached hereto as Exhibit "A" is a true and correct copy of the Promissory Note dated, executed and delivered by Defendants to Plaintiff on or about January 14, 2005 and the Change in Terms Agreement regarding the same dated, executed and delivered by Defendants to Plaintiff on or about February 22, 2012, (hereinafter collectively the "Note"). 4. The Note has not been assigned. 5. Judgment has not been entered on the Note in any jurisdiction. 6. Default was made by the Defendants under the Note in their failure for, among other, to make timely payments of principal and interest when due, failure to pay real estate taxes due and owing on the real property pledged as collateral to secure the indebtedness of the Note and failure to meet demand for payment in full which was issued October 11, 2012, whereby the entire sum is in default and immediately due and payable. 7. In order to secure payment of the Note, Defendants made, executed and delivered to Plaintiff a real estate mortgage dated January 14, 2005, recorded January 14, 2005 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Record Book 1894, Page 2479 (the "Mortgage"), conveying to Plaintiff a security interest in the real estate commonly known and numbered as Lot 11, Westminster Drive, Carlisle, Cumberland County, Pennsylvania 17013, Tax Parcel No. 40-23-0594-0568 (the "Real Property"). Judgment entered hereby on the Note will relate back to the Note of the Mortgage for lien priority as it relates to the Real Property. - 2 - 8. As a consequence of the foregoing and pursuant to the Warrant of Attorney in the Note, Defendants are liable to Plaintiff as follows: Principal Sum Due - $ 65,848.13 Interest to 10/16/2012 - 786.56 Late Fees to 10/16/2012 - 3,525.87 Attorney's Commission (10% of unpaid principal and interest) - 6,663.47 Total - $ 76,824.03 Together with interest which continues to accrue after entry of judgment and until paid in full at the contract rate ($12.346524 per diem), additional late fees as may accrue at the contract rate, additional and reasonable attorney's fees and costs as may be incurred, together with costs of suit and any and all amounts expended by Plaintiff to maintain its collateral. 9. Judgment is not being entered by confession against a natural person in connection with a consumer credit transaction. WHEREFORE, Plaintiff demands judgment in the sum of: Principal Sum Due - $ 65,848.13 Interest to 10/16/2012 - 786.56 Late Fees to 10/16/2012 - 3,525.87 Attorney's Commission (10% of unpaid principal and interest) - 6.663.47 Total - $ 76,824.03 Together with interest which continues to accrue after entry of judgment and until paid in full at the contract rate ($12.346524 per diem), additional late fees as may accrue at the contract rate, additional and reasonable attorney's fees and costs as may be incurred, - 3 - together with costs of suit and any and all amounts expended by Plaintiff to maintain its collateral, as authorized by the Warrant of Attorney appearing in the Note. HE By Lebanon, PA 17042-1140 (717) 274-3644 Attorney for Plaintiff - 4 - 937 Willow Street P.O. Box 1140 HENRY & BEAVER LLP By: Marc A. Hess Identification No. 55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 METRO BANK f/k/a COMMERCE BANK /HARRISBURG, N.A., Plaintiff vs. RODNEY L. YENTZER and NANCY J. YENTZER, his wife, Individually and Jointly, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW No. Imo- (~~~~ c~ I ~e`~. AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN ss. John T. Robertson, Vice President -Asset Recovery Manger, of Metro Bank, being duly sworn according to law, deposes and says that he has authority to sign this Affidavit on behalf of Metro Bank and that the facts set forth in the foregoing Complaint are true and correct to the best of his knowledge, information and belief; and that the copies of the Promissory Note and Change in Terms Agreement, Exhibit "A" attached to the Complaint, are true and correct copies of the originals which are held in the files of the Plaintiff and which were executed and delivered by the Defendants to Plaintiff. METRO BANK By: hn T. Robertson Vi resident Asset Recovery Manager Sworn and subscribed to before me this 13 day of G~ ~~~c f , 2012. /~~ /~ Notary Public COMMOlvU'~FA~TH Cr= r~ENNSYLVANIA Notarial Seal Tammy D. Clark, Notary Public Swatara Twp., Dauphin County My Cornmission Expires ,Ian. 15, 2013 Member, Pennsylvania Association of Notaries - 2 - HENRY & BEAVER LLP By: Marc A. Hess Identification No. 55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 METRO BANK f/k/a COMMERCE BANK /HARRISBURG, N.A., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW vs. RODNEY L. YENTZER and NANCY J. YENTZER, his wife, Individually and Jointly, Defendants No. ~ ~ _ ~ (~ ~6 ~~- l fc~n1 AFFIDAVIT AS TO NON-MILITARY SERVICE AND CERTIFICATION OF LAST KNOWN ADDRESS OF DEFENDANTS AND PLAINTIFF COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN ss. Before me the undersigned authority, personally appeared John T. Robertson, Vice President -Asset Recovery Manager, of Metro Bank, who being duly sworn according to law, deposes and says that upon reasonable investigation to the best of his knowledge and belief the Defendants are not in the active Military or Naval Service of the United States of America and that the last known address of said Defendants is as follows: 250 Richland Road, Carlisle, Cumberland County, Pennsylvania 17013. The address of the above Plaintiff is 3801 Paxton Street, Harrisburg, Pennsylvania 17111. METRO BANK By: Sworn and subscribed to before me this 2~ day of ~~~~rL 2012. ~~ . Notary Public COMMONWEALTH Or a~ENNSYLVANfA Notarial Seal Tammy D. Clark, Notary Public Swatius Twp., Dauphin County My Commission Exphes Jan. 15, 2013 Member, Pennsylvania Association of Notaries T. Robertson President t Recovery Manager - 2 - CHANGE IN TERMS AGREEMENT call i con I References in the boxes above ere for Lenders use only and do not limit the appiicabllity of this document to any particular loan or item, I Any kem above contsining "`" has beer- omitted due to text length Iimketions. gOrrOW9r: Rodney L. Yentser, II 1.llnder: Metro Bank Nancy J. Yentzer Corrrrnerdal Busirau Depsrbnsr>< 243 York Road 3801 Paxton Street CarBsle, PA 17013 HarHsburg, PA 17111 (888) 837-0004 Principal Amount::68,495.30 Date of Agreement: February 22, 2012 DE8CRIP'110N OF EXISTING INDEBTEDNE88. Refer to the Promissory Note dated January 14, 2005, as emended. DE8CRIPTION OF COLLATERAL Refer to the Security Documents dated January 14, 2005, as amended. DESCRIPTION OF CHANGE IN TERMB. Effective as of February 14, 2012 the term and amortization of the Laan shall be dianged from a three (3) year term note with a twenty (20) year amortization to a two (2) year farm note wkh a ten (10) year amarttzation. Prindpal and Interest payments reflecting the new arttortization period will be in the amount of 5794.39 and will commence March 14, 2012 and shall continue throughout the remaining term of the loan. The maturity date shall lie February 14, 2014 at which time ~I outstanding prlndpai and Interest, any fees and costa, shall tie paid by Borrower. Effective February 14, 2012 the fixed rate of interest shall be Incxeasad from 6.25% to &.75% for the teen of the loan. The nspayment details are set forth below. The Default Rate as set forth in the original Promissory Note is being reset as more fully described in the Interest After Default paragraph beksw. PAYMENT. Borrower will pay this loan h accordance with tM following payment schedule, which calculates interest on the unpaid prtrxdprrl balances as desalted In the 'INTEREST CALCULATION METHOD' paragraph using the Irterest retea described in this paragraph: 23 morrlhfy wnsecutivs prkrdpal and lntsnst psymenta of (784.38 each, bsplnning March 14, 2012, with Inbrest calculshd an ttts unpaid prlndpal 6alanoss using an irrterest rant of 6.750'X per annum based on a year of 380 days; and one pArtdpal and btbrsst payment of;59,400.02 on Fabrwry 14, 2014, with Inbnst calculabd on the urtpsid prlndpal balarwas using an inMnst rate of 8.T50'1'e pa annum based on a year of 360 day:. This eetitnated oral psymertt b based an tM assumption that all payments will Ise made exactly as scheduled: firs actual float paym!srrt wNi bs for all prlndpal and accrued Interest not Yet paid, togetlrer with arty oti+er unpaid amounts on this loan. INTEREST CALCULATION METHOD. Itrbrest on thle loan b computed on a 383/380 basis; that b, by applying tM ratlo of the Inbrest rats over a year of 380 days, muitlpiled by the ourfatanding prlrKipU balartoa, multlplled by the actual number of days the prhrdpN b•brxae b outstanding. All intrrrest payable urtder fhb loan b oomputsd using fhb me8rod. This calculation method result In a higi»r effaettvs interest rate than the numsrie interest rags staled in the loan documents. CONTINtNNG VALIDITY. Except as expressly changed by this Agreement, the terms of the original obligatbn or obligations, induding all agreements evidenced or securing the obligation(s), remain unchanged and in full force and affect. Consent by Lender tc thic Agreement dose not waive Lender's right to strict performance of the obligatbn(aj as dienged, nor obligate Lender to make any future d~anga in terms. Nothing in this Agreement wilt constitute a satisfaction of the obligation(s). It b the intention of Lender to retain as 118b1e parties all makers and endorsers of the original obligation(s), induding accommodation parties, ur~ess a party b expressly released by Lender in wridng. Any maker or endorser, induding acoonuradation makers, will not be released by virtue of this Agreement. If any person who signed the original oblipetion does not sign this Agreement below, then all persons signing bebrv acknowledge that this Agreement is given condttionally, !seed on the represantatfon to Lander that the non-signirtg party wnsents to the dianges and provisions of this Agreement or otherwise will not be released by lt. This waiver applies not only to any initial extension, modification or release, but also to all sudti subsequent actions. REFERENCE TO LENDER. This Change in Terms Agreement fs being made by Metro Bank formeriy known es Commerce Bank / Harrisburg, N.A. CONFESSION OF JUDGEMENT. BORROWER AGREES THAT THE CONFESSION OF JUDGMENT CLAUSE CONTAINED IN THE NOTE DATED JANUARY 14, 2005, REMAINS IN FULL FORCE AND EFFECT AND LENDER'S RIGHTS THEREUNDER CONTINUE WITH THE SIGNING OF THIS CHANGE IN TERMS AGREEMENT. THE D1SCL03URE FOR CONFESSION OF JUDGMENT DATED JANUARY 14, 2005 REMAINS iN FULL FORCE AND EFFECT AND iS DEEMED TO BE REAFFIRMED WITH THE SIGNING OF THiS CHANGE IN TERMS AGREEMENT. BOTH THE NOTE AND THE DISCLOSURE FOR CONFESSION OF JUDGMENT ARE ATTACHED HERETO AS EXHIBIT A. iNTFJtE8T AFTER DEFAULT. Upon dafauk, induding failure to pay upon final maturity, the interest rate on this Note shall be Increased by adding a 4.000 peroerttaQe point rr®rgin ("Defauk Rate Margin"). The Default Rape Margin shall also apply to es~clt succeeding Interest rate dmrrge that would have applied Fred there bean no defauk. H judgment is entered In cors~ection with this Nobs, Interest will oontlnue to accrue after the date of Judgment at the rata in effect at the tirrte Judgment is arrtered. However, in no event will the interest rate exceed the rrencirnum interest oats Iln~tlons under appllceble law. ELECTRONIC SUBMt8810N OF TH18 CHANGE IN TERM8 AGREEMENT. Delivery of an executed counterpart of this Agreement by facsimile or other method of electronic transmission shall have the same forcx and affect as delNery of an original executed counterpart of this Agreement. Furthermore, an executed copy of this Agreement shall be binding on the parties hereto and enforceable to the same extent as an original. THIS AGREEMENT IS GNEN UNDER SEAL AND IT IS INTENDED THAT THIS AGREEMENT 18 AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED iN8TRUMEN7 ACCORDING TO LAW. PRIOR TO SIGNING THIS AGREEMENT, EACH BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT. EACH BORROWER AGREES TO THE TERMS OF THE AGREEMENT, PROMISSORY NOTE Prindpaj Amount: 580,000.00 Initial Rata: 5.50096 Date of Nots; January 14, 2005 PROMISE TO PAY. Rodney L. Yentser, il; and Nancy J. Ysntzer 1'Borrower'} joMtiy and sevaroAy promlas to pay to COMMERCE BANKAiARRISBURO N.,A. t"Lender"}, ar order, in lawful money of the Unked States of America, the prlnclpel amount of Bphty Thounnd & 00!100 Dollars (S80,000.OOF, topeMter wkh irttarost an the unpaid principal balanw from January 14, 2008, urttll pall in full. PAYMENT. Borrower wlB pay tMa loan In one prkrcipd payment of 180,000.00 plus interort on January 14, 2008. This pyment due on January 14, 2008, wig bs fa all principal end eg accrued krtsrert not yet psW. in addttiert, Borrower wgl pay ropular monti-N paymsrtts of sp accnrsd unpaid Itttsrsrt due as of each peymsrtt data, bepinnMg Febnwry 14, 2006, with eM subsequent krterart peyrtrenb to be dw an the same dsy of each month offer that. Unless otherwbe agreed or roquhed by applicable Iew, payments wig be epppsd first to any aocrued unpsld interest: than to prgrdpah then to sn~r unpaid oollsctlon coats: and then to any iet9 charges. The srmuai btenat rote for this Nobs b aomputsd on s 3661380 heels; drat is, by apptyit+p the ratb of the annual Merest rate over s year of 380 days, muldpgsd by the oubtsndinp principal balance, multipiiad by fhe•sctud number of days the prindpsl balance Is outatendUrg. Borrower wlp ppy Lender at Lender's eddross shown above or rt such other glass es Lender rrrsy designate (n wrkfig, VARIABLE MITEREST RATE. The interest rats on this Nots is subject to change hom time to tkne based on ohanpea in an independent index whk;h is the Prirr-e Rata es pubgahed in the Money Rata Section of the Wall Street Journal. H a range of rates Is published, the highest will be used. (the "Index"1. The Index is not necessaflfy the lowest rate charged by Lender on its bans. If the Index becomes unoveileble during the term of this loan, Lender may dsaignete a substitute index after notice to Borrower. Lender wiR tell• Borrower the Ctrrrarrc index rate upon Borrower's regt~t. 7hs interest rate change will not occur more often then each dsy. Borrawer underatnnda that Lender may make harts based on other rates as well. The index cumrtly k 6.26096 per anrrwrt. TM brterest rats to be appgsd to tM unpaid prktcipai bslartoa of Chia Note wiN he at a rate of 0.260 peroerrtege poMru over the Index, resuiting In en Mdtidsl rate of 6.60096 per annum. NOTIt~: Under ra circtxnrtances will the interest rate on this Note ba more than the maximum rate agowed by epplicsble law: PREPAYMENT. Borrower agrees that all loan fees and other prepeld finance charges are earned fully as of the date of the loan and will not ba subject to refund upon early payment {whether voluntary or sa a result of default}, axoapt as otherwise required by law. Except for tits foregoing, Borrower may pay without pennky ail or a portion of the amount owed earlier than k is due. Early payments wgl not, unless agreed to by Lender in writing, callous Borrower of Borrower's ob}igation to continue to make payments under the payment schedule. Rather, early payments will reduce the principal balance due. Borrawer agrees not to send Lender payments marked "paid in tug", "without recourse', or aimger language. If eorrowar sands such a payment, Lander may accept it without losing any of Lender's nphta under this Note, and Borrower will romain obggated to pay any further amourR awed to Lender. Ail written-commurdaatfons concerning disputed smouMa, inclding any check or other payment instrument that indicates that the peymarrt constitutes 'payment in fug" of the amount owed or that is tendered with other conditions or Iimhatlons or as full satiefactien of a disputed amount must be mailed or delivered to: COMMERCE BANKMARRISHURG N.A., LOAN SERVICING, 100 SENATE AVENUE CAMP HILL, PA S 7011. LATE CHARGE. If s payment >a 10 days or more lato, Borrower will bo charged 6.00096 of the rspuhrrly scheduled payment. INTEREST AFTER DEFAULT. Upon default, including faihue to pay upon fine! maturity, the rota! sum due under this Note will bear interest from the date of acceleration or matuvky at the variable interest rate on this Note. The interest rate will not exceed the maximum rate permitted by applicable law, If judgmarrt is entered in connection With this Note, interest wtN cttrttintre to accrue on this Note after judgment at the interest rate applicable to this Nate at the time judgment is errtsred. DEFAULT'. Each of the fogowing shell constitute an event of default {•Event of Oefault'i under this Note: payment Default. Borrower fails to make any payment when due under this Note, Other Defauks. Borrower fails to comply with or to perform erry other term, obligation, aovensnt or condition contained in this Note or in any of the nlatsd documents or to comply with or ib perform any term, obiipetion, covenant or condition cortainsd in any other agreement between lender end Borrower. Default Yt Favor of Thhd Parties. Borrower or any Grantor defaults under any loon, extension of credft, aeaurity agrearrent, purcfiase or series agreemem., or any other agreemam, in favor of any other oredhor or person that may materiagy effect 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. Emrkonmentel Default. Fagure of any party to comply with or perform when due erry term, obligation, covenant or condition contained In any environmental agreement executed in connection with any loan. False Statements. Any worrenty, representation or atreement mods or fwnished to •Lender by Borrower or on Borrower's behalf urtdsr this Note or the rotated documerrta is false or misleading in any material respect, either now or at the time made or furnished or becomes false err misleading at em/ time theroafter. Death or Inaohrenry. The death of Borrower or the disaolutien or termination of Borrower's existence ea a going business, the insolvency of Borrower, the appointment of a receiver for any pan of Borrower's property, any assignment for the benefit of crednora, any type of credhor workout, or the commencement of any proceedlnp under any bankruptcy or insolvency laws by or agahtet Borrower. Credhor or Fortolhrre Proceedings, Commencement of foreclooura or forfeiture proceedings, whether by judicial prxeeding, self-help, repossession or any other method, by any creditor of Borrower or by any governmental agency against any coliatersl securing the loan. This includes a garnishment of any of Borrower's accouma, including deposit accounts, with Lender. However, this Event of Defeuh shell not apply if there is a good faith dispute by Borrower as to the validity or reasonablsneaa of the claim which la ~e basis of the creditor or forfeiture procaeding and if Borrawer gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lerxfer monies or a surety bond for tT1e creditor or forfeiture proceeding, Jn an amount determined by Lender, in its sole discretion, as being en adequate reserve or bond for the dispute. Events Affecting Guarantor. Any of the praeading events occurs with respect to any guarantor, endorser, surety, or accommodation party Borrower: Rodney L. Ywetzsr, II ISSN: 172.68-61911 Lender: COMMERCE BANKAiARR188URG NJI. Nancy J. Yerrtzer ISSN: 159-60-4243) COMMERCIAL BU81NES8 DEPARTINENT 1112 Shannon Lana 100 SENATE AVENUE Carlisle, PA 17013 CAMP HIU. , PA 17011 (717) 978-6®30 PROMISSORY NOTE Lean No: 3231988 (Conrinued} Page 2 of arty of the indebtedness or sny guarantor, endorser, surety, or aaoornrnodation party dies or becomes incompetent, or ravokea or disputes the validity of, or liability under, any guaranty of the indebtedness evidanced• by this Noto. in the event of a death, Lander, at its opdon, may, but shstl not ba required to, permit rite guarontor'a estate to sesame unconditionally the obllgatbna arising under the guaranty in a manner satisfactory to Lender, and, in doing so, cure any Evem of Default. Adverse Change. A materiel adveroe change occurs in Borrower's financial condition, or Lender believes the prospect of paymem or periormence of this Note is impaired. InsecurFty. Lender in good fahfi believes itself insecure. Cure ProvFslons. if arty default, other than a default in payment to curable and if Borrower has not bean ghren a notice at s breach of the same provision of this Nota within the procedinp twelve 112i months, h msy be cured it Borrower, after receiving written notice from Lander dsmsrtding cure of such dsfauk: (1) crass the default within flfteen (151 days; or 12) if the cure regains moro than fifteen 1t5) dsya, immediagly initiates steps which Lender dsema In Loader's sole dieoretiilon in be suffloiant to cure the doteuit and thereafter continues and completes all reasonable and necessary steps sutficlartt to produce compliance as soon sa reasonably practical. LENDER'S RIGHTS. Upon default, Lander may, after giving such notices as required by applkabla law, declaro the entire unpaid principal balance on this Note end all accrued unpaid iMereat immadlately due, and than Borrower will pay that amount. ATTORNEYS' FEES; EXPENSES. Lender may hire or pay someone else to help collect this Note H Borrower does net pay, Borrower will pay Lender that amount. This inckxles, aufajeat to any //mfrs under appiicsbio law, Lender's attomeya' fees and Lender's legal expanses, whether or not there Is a lav/suit, including attomays' tesa, expanses for bankruptcy proceedings lincludirtg efforts to modify or vacate erry automatic stay or injunction/. and appeafs~ If not prohtbhed by applicable law, Borrower also will pay any court costa, in eddhicn to ail other soma provided by law. GOVERfdINt3 LAVY, TMs Nog Wfil be governed by federal law sppfeabk to Lander and, to the axterrt not preempted by fedwel few, tM fawa of the Cammomvsakh of PerxtsylvaMa without regard to Its conflicts of few provsions. Thh Nots has boon accepted by Lander in the Commonvwafth of Permsyhnnte. RIt3HT OF SETOFF. To rho extent permitted by appllcabla law, Candor reasons a right of setoff in aN Borcower`s accounts with Lender (whether checking, :avirtps, or some other aaaouMl, Thia includes all accounU Borrowor holds jointly with someone else and all accounts Borrower msy open in the future. However, this does not include any iRA or Keogh acwurtts, or any trust accounts for which setoff would be prohibited by law. Borrower authorizes Lender, to the eMent permitted by applicable law, to charge or setoff all sums owing on the indabt4dneaa against any and all such accounts. COLLATERAL. Borrower acknow(edgee this Note is cacured by Title insured firer lien mortgage on the land befog puchased, known as Lot A11 Westminster Drive, CarAsle, PA 17013, POST CLOSING CON1PL.lANCE Borrower agrees to execute, re-execute, cause a Guscentor(s) or other third partYlks) involved in the loan tronaacdon to execute and/or re-execute rend to deliver to fonder or ha legs! counsel, ea may be deemed appropriate, arty document or instrumerrt signed in connection whh the Loan which was incorcectfy drafted end/or signed, as wolf as any documsM or instrumsrK which should have boon signed at or prior to the closing of the Loan, but whkh was not as signed and delivered. Borrower agrees to comply with any written request by Lender within ten !10) days after rocafpt by Borrower of such request. Failure to Bonowor to so comply shall, at the option of Lender, upon notice to Borrower, constitute an event of default under the Losn. AEOU[RED DEPOSIT ACCOUNT. Borrower shall ba required to establish end maintsln primary depoah account relationship wkh Commerce Bank. SUCCESSOR INTERESTS, Titre terms of this Note ahnll ba binding upon Borcower, and upon Borrower's heirs, personal representatives, eucoesaora and assigns, and shall inure to the benefit of lender and hs succeaaas and assigns. NOTIFY US OF INACCURATE INFORMATION WE REPORT TO CONSUMER REPORTING AGENCIES. Please notify tra If we report any inaccurate information about your account(s) to a consumer raporUng agency. Your written nodca deacrlbing the specific Inaccurscyliea} should t» sent to us at the foNowing address: COMMERCE l3ANKlHARRISBURG N.A. LOAN SERVICING 100 SENATE AVENUE CAMP HILL, PA 17011. GENERAL PRO•VtSIONS. Lender may delay or forgo enforcing any of its rights or romedks under this Note without losing them. Each Borrower understands and agrees that, with or without notice to Borrower, Lander msy with rospect to any other Borrower {al make one or more add[tbnsl secured or unsecured bans or otherwise extend addltionat arcdit; (b1 altar, compromise, renew, oxtand, accekrete, w otherwise change one or mare times ttta rims for payment or other terms of any lrxtebtednaaa, including ir-crsasaa and decreases of the rata of intarert on the indebtedness; {cl oxehange, enfaroe, waive, subordinate, fail or decide not to perfect, end releuo any sscurhy, with or without the substitution of new coNatarel; (d) apply such security and direct the order or manner of sale thereof, including witftout llmltauan, any non-judioiei sale pa-ndttsd by the terms of the controlling security agreements, as Lander in its discretion may determine; lei roleaso, substkvte, agree not to sue, or deal wlth•any one or more of Borrower's sureties, endorsors, or other guarantors on any farms or in any manner fonder may choose; and Ifl detsrrnlne how, when and whet appiicatk>n of payments and credits shaA bs made on sny other indebtedness owing by such other Borrower. Borrower and any other person who signs, guarantees or endorses this Note, to rho extent albwed by law, waive presentment, demand for payment, and notice of dishonor. Upon any change in the terms of this Note, and unless otherwise exprseasy silted In wrhing, no party who algna this Note, whether as maker, guarantor, accortxnodation maker or endorser, shall ba released from Nablfity. Alf such parties agree that Lander may renew ar extend Irapeaudly end for any length of time) this loon or rsleese any party or guarantor or collateral; or impair, fail to resiize upon or perfect Lender's security interest in the collateral; and take any other action deemed necessary by Lander without the consent of or notice to anyone. Ap such parties also agree that Lender may modtty this loan whhourttte consent of a notice to anyone other than the party with whom the modification is made. The obligations under this Nota are lit and several. If any portion of this Nota is for any reason determined to be urtenforceabie, it wIG not affect the enforceability of erry other provisions of this Note. CONFESSION OF JUDdME1VT. BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT 1N THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR BORROWER AFTFJ~ A DEFAULT UNDER THIS NOTE AND WiTH OR WCiHOUT 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 {10961 OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS {pb001 ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE FMMEOIATELY; AND FOR SO DOING, THIS NOTE OR A COPY OF THIS NOTE VERIFIED BY AFRDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS NOTE TO CONFESS JVOGMENT AGAINST BORROWER SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT AI.L TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THiS NOTE. BORROWER HEREBY WAIVES ANY RIGHT BORROWER MAY HAVE TO NOTICE OA TO A HEARING 1N CONNECTION WITH ANY S' ~ CONFESSION OF JUDGMENT AND STATES ~ T EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESS OF JUDGMENT PROVISION TO BORROWE, ATTENTION OR SORROVdER HAS BEEN PROMISSORY NOTE Loan No: 3231888 (COntfllued) Page 3 REPRESENTED BY INDEPENDENT LEGAL COUNSEL. PRIOR TO SIONMIG TH{S NOTE, EACH BORROWER READ AND- UNDERSTOOD ALI. THE PROVt51ON8 OF THIS NOTE, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. EACH BORROWER AGREES TO THE TERM9 OF THE NOTE. BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE. THIS NQTE IS Q1VEN UNDER SEAL AND 1T IS INTENDED THAT THIS NOTE IS AND 5HACL CONSTITUTE AND HAVE THE EFFECT OF A SEALED IMSTRUM>3~1T ACCORD{NO TO LAW. BORR X ~ ~' - ,iSe~q er~er, 11 soey J. Yen et ~~' wa Me ~+.. w. aa.aoaoa a... ~rrr ~.w rww.., i.~ err, m. N MME hr`d • M hMMIMALY/MMCALK1bbIG 1wNt~1 11YI~ DISCLO` 1RE FOR CONFESSION OF .~ .~~GMENT ~. ._. . ~. .. _ ., Rafarargea In the ahadad uaa ate for La~'e usa on{~i and do not Nmll tM aPP~~NtY of thin dorx+enent to eny particuia loan or ftam. f0em above c • • • • has bean on8ttad dua 1o taxt I'Rnitaf one. 8Ot1'0Wer: Rodoty L. Yentrw, N fSSN: 172-68.6181) Nancy J. Yorrl:er ISSN: 189.80.42431 1112 Share~on Lane CariMN, PA 17013 L9t1t1Ar: COMMERCE BANKIHARRt88URG N.A. COMMERCIAL. BUSINESS DEPARTMENT 100 SENATE AVENUE CAMP HLL , PA 17011 f71n s7s-saso DeClerattt: Rod+rsy L. Yanonr, N {SSN: 172.68-61811 1112 Shannon Ono CarhM, PA 17013 DISCLOSURE FOR CONFESSION OF JUDGMENT I AM EXECUTING, THIS ..~!____ DAY OF _ , 2rJ_~, A PROMISSORY NOTI: FOR t<80.000.00 OBf.IGATINp ME TO REPAY THAT AMOUNT. A. I UNDERSTAND THAT THE NOTE CONTALNS A CONFESSION OF JUDGMENT PROVISION THAT WOULD PERNHT LENDER TO ENTER JUDGML9AT AGAIN8T ME i11I COURT, AFTER A DEFAULT ON THE NOTE, WITFIOUT ADVANCE NOTICE TO ME AND WITHOUT OfPERRIQ ME AN OPPORTUNITY TO DEFEND AGAINST THE ENTRY OF JUDGMENT. IN EXECUTIIfG THE NOTE, BBNG PIlLLY AWARE DF MY RIGHTS TO ADVANCE NOTICE AND 70 A HEARING TO CONTEST THE VALIDITY OF ANY JUDGMENT OR OTHER CLANKS THAT LENDER MAY ABSERT AGAINST ME UNDER THE NOTE, I AM KNDWdYGLY, NVTELLIGENTLY, AND VOLUNTARILY WAIYM~IG THE8L5 RKiFiTB, INCLUD8VI6 ANY RH#IT TO ADVANCE NOTICE OF THE ENTRY OF JUDGMENT, AND t EXPRESSLY AGREE AND CONSENT TO LEND4tt'S ENTERMIG JUDGMENT AGAINST j~~ SIGN AS PROVIDED FOR SCI THE CONFESSION OF JUDOMiNT PR0VtBKI11t. INI'fiAL8: B. { RiRTH>DI UNDERSTAND THAT W ADDITION TO GIVING LENDER THE RIGHT TO ENTER JUDQMETVT AGAINST ME WITHOUT ADVANCE NOTICE OR A HEARWG, THE CONFESSfON OF JUDQMENT PROVISION IN THE NOTE ALSO CONTAMIS LANGUAGE THAT WOULD PERMTf LENDER, AFTER ENTRY OF JUDGMENT, ACaANY WITIfOUT EITHER ADVANCE NOTICE OR A HEARMG, 70 EXECUTE DN THE JUDGMENT BY FORECLOSING UPON; ATTACHN11fl, LEVYING ON, TAKING POSSESSION OF OR OTHERWISE SEIZING MY PROPERTY, W WLI.OR PARTIAL PAYMENT QF THE JUDGMENT. iN EXEWTING THE NOTE, BEING FULLY AWARE OF MY RIGtrTB TO ADVANCE NOTICE AND A HEJIRSMG AFTER JUDGMENT IS ENTERED AND BEFORE EXECUTION ON THE JUDGh1ENT, I AM KNOWSYGLY, NVTBLtGENTLY ANO VOLUNTARILY WAIVING THESE RIGHTB, AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S IMINEDIATELY EXECUTING ON THE JUDGiIENT IN ANY MANNER ED BY APPLICABLE STATE ANO FEDERAL LAW, WITHOUT GIVING ME ANY ARYAKCE NOTICE. NVITIALS: '' ~•.: C. AFTER HAVNIG READ AND DETERMINED WHICH OF THE FOLLOWING BTATEMEN78 ARE APPLICABLE, BY NOT[IALING EACH STATEMENT THAT APPLIES, f REPRESENT THAT: SIITlALS 1. 1 WAS REPRESENTED BY MY OWN MIDEPENDENT LEGAL COUNSEL IN CONNECTION WITH THE NOTE. ~. 2. A I~PRESENTATIVE OF LENDER SPECIHCAIL.Y CALLED THE CONFESSION OF JUDGMENT PROVISION NV THE NOTE TO MY ATTENTION. D. I CERTIFY FHAT MY ANNUAL INCOME EXCEEDS 110,000; THAT 7HE BANKS IN THIS DISCLOSURE WERE FILLED IN WHEN { pVRIALED AND 81GNED IT; AND THAT I RECEIVED A COPY AT THE TIME OF SIGNN+IG. THIS DISCLOSURE IS GIVEN UNDER SEAL AND R IS SYT~IDED THAT THIS DI8CL0SURt: f8 AND SHALL GONS1'ITUT13 AND HAVE THE EFFECT OF A BEAD INSTRVMENT ACCORDING TO LAW. DECLARANT• ^----~ X . .i'`i ISpll MY ___ . tAftl{ VW IM./. W, i.li.]POW CN!. II~YM 1Y~I,YNY~r4 ML Mi/!. >d0/. N 11yY1, IYw.M. . M Mry1NMlIM/W1AM11YM0I0F SM111M IMH DISClt3t. ARE FOR CONFESSION OF J~.~~GMENT .. , ._ . ~- . _ _ f ~. . . ,j Rsfirencss in are alraded ae~ an for Larrda's uss ordY~md do na 8mit the ~ of thie doeumsnt ~ arry pardoulsr ktan a hsm. ' , Item above has baxr omitted due in text Iknitattor-s. 90ROWar: Rodney L. Ysntzsr, I! (SSN: 172.58-61811 Nancy J. Yentza (88N: 1S6-B0~4248) 1112 Sharnrron Lana CarlkN, PA 17013 Reclerant: Neney J, Yams (SSN: 189-80.42431 243 Yak Bard CarBMe, PA 17013 Letldor: CONCIERGE BANKMAIIRISBURfl N.A. COMMERCIAL BUSMESS OEPARTIN~IT 100 SENATE AVENUE CAMP HILL , PA 17011 (7171 978-6630 DISCLOS~-URE FOR CONFESSION OF JUDGMENT 1 AM EXECUTAVG, TH18 fy~ DAY OF +.J , 20~, A PROINISSCIRY NOTE FOR x80,000.00 OBLKtAT1NG ME TO REPAY THAT AMOUNT. A. I UNDERSTAND THAT THE NOTE CONTAINS A CONFESSION OF JUDGMENT PROVISK)N THAT WOULD PERNRT LENDER TO ENTER JUDGMENT AGAMI87 ME IN COURT, AFTER A DEFAULT ON THE NOTE, WITHOUT ADVANCE NOTICE TO LIE AND WITHOUT' OFF~AWfl ME AN OPPORTUNITY TO DEFEND AQAMBT THE ENTRY OF JUDflMENT. M EXECUTMG THE NOTE, BEING FULLY AWARE Of MY RKiHTS TO ADVANCE NOTICE AND TO A HEARMO TO CONTEST THE VALIDITY OF ANY JUDGMENT OR OTHER CLAIMS THAT LENDER MAY ASSERT AGAMST ME UNDER THE NOTE, I AM KNOWINflLY, NdTELL13ENTLY, AND VOLUNTARILY WAIVING THERE RIGHTS, WCLUDAVti ANY RIflNT To ADVANCE NOTICE OF THE ENTRY OF JUDGMENT, AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S ENTERINfl .NDflMENT AGANBT lfiE BY CONFESSION AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT PROVIBK)N. INITIALS: B. I RfRTHIDi UNDERSTAND THAT M ADDITION TO ONING LENDER THE RKiMT TO ENTER JUDflMENT AGAINST ME WITHOUT ADVANCE NOTICE OR A HEARMQ, THE CONFEBSK)N OF JUDGMENT PROYtS10N M THE NOTE ALSO CDNTAMS LANGUAGE THAT WOULD PERMIT LENDER, AFTER ENTRY OF JUDGMENT, ADAM WITHOUT EITHER ADVANCE NOTICE OR A HEAttNMfl, TO EXECUTE ON THE JUDGMENT BY FORECLOSMIG UPON, ATTACHMfl, LEVYMO ON, TAKMfl POSSESSION OF OR OTHERWI6E 8EIZING MY PROPFRTf, M RILL OR PARTIAL PAYMEIIIIT OF THE JUDGMENT. M EXEC'UT'ING THE NOTE, BE1Nfl FUI.I.Y AWARE OF MY RIGHTS TO ADVANCE NOTICE ANO A HEARWG AFTER JUDt;MlNT itl: ENTIERED AND BEFORE EXECUTION ON THE JUDpM6YT, 1 AM KNOWiNflLY, INTELLIGENTLY AND VOLUNTARILY WAMNfl THE3£ RKiNTS, ANO 1 EXPRE881Y AGREE AND CONSEi~T TO LENDER'S iMNIEDIATELY EXECUTMfl ON THE JUDGMENT pi ANY MANNER PfdIM/TTED BY APPLICABLE STATE AND FEDERAL IAW, WITHOUT HIVING LIE ANY ADVANCE NOTICE. INITIALS: y C. AFTER ``HAV81fl READ AND DETERMINED WHICH OF THE FOLLOWING STATEMENTS ARE APPLICABLE, BY INI'fU-UNG EACH STATEMENT THAT APPLIES, 1 REPRESENT THAT; MRIALS 1. 1 was REPRESENTI~ SY MY OWN /YDEPENDENT LEGAL COUNSEL W CONNECTK)N WITH THE NOTE, 2. A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THE CONFESSION OF JI,IDGMENT PROVISKMI M THE NOTE TO MY ATTETiITION. D. I CERTIFY THAT MY ANNUAL INCOME EXCEEDS X10,000; THAT THE BLAFEKS iN TH1S 01SCL08URE WERE FlILED IN WHEN 1 MITIALED AND SIGNED R, ANO THAT i RECEIVED A COPY AT THE TIME OF SIGNING. THt5 DISCLOSURE IS GIVEN UNDER SEAL AND R IS INTENDED THAT THIS DISCLOSURE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDMG TO IAW. DECLARA/NT}: ;./ 1 ,~~....... ancy J. r wmwa~w.v..R~wmame,r.wwKti,.,,rww.rr.iwr,~ms. wMM~+.w/../A~WYan,en-uwMFN OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA TO: Mrs. Nancy J. Yentzer 250 Richland Road Carlisle, PA 17013 METRO BANK f/k/a COMMERCE BANK /HARRISBURG, N.A., Plaintiff vs. RODNEY L. YENTZER and NANCY J. YENTZER, his wife, Individually and Jointly, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW No. l02 ` ~bs`~ ~~<<~~ NOTICE Pursuant to Pa.R.C.P. Rule 236 please be advised that judgment by confession in the above proceeding was entered against you on ~- 02.9 , 2012, in the amount of: Principal Sum Due - $ 65,848.13 Interest to 10/16/2012 - 786.56 Late Fees to 10/16/2012 - 3,525.87 Attorney's Commission (10% of unpaid principal and interest) - 6,663.47 Total - $ 76,824.03 Together with interest which continues to accrue after entry of judgment and until paid in full at the contract rate ($12.346524 per diem), additional late fees as may accrue at the contract rate, additional and reasonable attorney's fees and costs as may be incurred, together with costs of suit and any and all amounts expended by Plaintiff to maintain its collateral. Copies of all documents filed are att hed hereto. -~ Prothonotary OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA TO: Mr. Rodney L. Yentzer 250 Richland Road Carlisle, PA 17013 METRO BANK f/k/a COMMERCE BANK /HARRISBURG, N.A., Plaintiff vs. RODNEY L. YENTZER and NANCY J. YENTZER, his wife, Individually and Jointly, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW No. /a . (~~~~ Cr~vi 1 ~~N'1 NOTICE Pursuant to Pa.R.C.P. Rule 236 please be advised that judgment by confession in the above proceeding was entered against you on P,E- 01- , 2012, in the amount of: Principal Sum Due - $ 65,848.13 Interest to 10/16/2012 - 786.56 Late Fees to 10/16/2012 - 3,525.87 Attorney's Commission (10% of unpaid principal and interest) - 6,663.47 Total - $ 76,824.03 Together with interest which continues to accrue after entry of judgment and until paid in full at the contract rate ($12.346524 per diem), additional late fees as may accrue at the contract rate, additional and reasonable attorney's fees and costs as may be incurred, together with costs of suit and any and all amounts expended by Plaintiff to maintain its collateral. Copies of all documents filed are att hed hereto. _: r. Prothonotary HENRY & BEAVER LLP By: Marc A. Hess Identification No. 55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 METRO BANK f/k/a COMMERCE BANK /HARRISBURG, N.A., Plaintiff vs. RODNEY L. YENTZER and NANCY J. YENTZER, his wife, Individually and Jointly, Defendants c7 C r.a r~ °Yi ~3 rn ^' ~ ~ z ~~ ~ r ~~ cn~ w ~r~ ~o ~, ~-~ o ~ '~ c=s ~, c x ~? ,°,jr-~n ~ -< ~ ~,. ~ -~: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW No. lob - !~[o8f~ ~~ v ~ ~ leln~ PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY OF SAID COUNTY: Sir, please enter the appearance of Marc A. Hess, of the law firm of Henry 8~ Beaver LLP, whose address is 937 Willow Street, P.O. Box 1140, Lebanon, Pennsylvania 17042-1140 as attorney for Metro Bank, the Plaintiff in the above- captioned case. Dated: , 2012 I . D. #55774 Attorney for Plaintiff 1 I s t~~ ~ i ` , k~ 1~~~(; lr~`~ { {rte y+g 1 In, i~ .. ~~, ~ .7 __ ~ BANK f/k/a COMMERCE BANK/HARRISBURG, N.A., Plaintiff RODNEY L. YENTZER and NANCY J. YENTZER, his wife, Individually and Jointly, Defendants TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW No. 12-6686 CIVIL TERM PRAECIPE TO ENTER APPEARANCE Kindly enter my appearance on behalf of Rodney L. Yentzer and Nancy J. Yentzer, his wife, Individually and Jointly, as counsel for the above-mentioned matter. Respectfully submitted, _ _ -' I l 1(2 ~1 ~-- BRIAN C. LINSENBACH, Esquire Supreme Court I.D. #87360 Attorney for the Defendant STONE, DUNCAN &LINSENBACH, P.C. 8 N. Baltimore Street Dillsburg, PA 17019 (717) 432-2089 (717) 432-0158 (fax) BANK f/k/a COMMERCE BANK/HARRISBURG, N.A., Plaintiff RODNEY L. YENTZER and NANCY J. YENTZER, his wife, Individually and Jointly, Defendants : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW No. I2-6686 CIVIL TERM CERTIFICATE OF SERVICE The undersigned hereby certifies that he served a copy of the forgoing "Praecipe to Enter Appearance, " on the below-named individuals in the manner indicated below: First-Class Mail Mark A. Hess, Esquire Henry & Beaver, LLP 937 Willow Street P. O. Box 1140 Lebanon, PA 17042-1140 Dated: 4 ~ / ~ 2 ~ (1- First-Class Mail Melissa Auman, Commercial Asset Recovery Specialist Metro Bank 3801 Paxton Street Harrisburg, PA 17111 Brian C. Linsenbach, Esquire Attorney I.D. No. 87360 Stone, Duncan &Linsenbach, P.C. 8 N. Baltimore Street Dillsburg, PA 17019 (717) 432-2089 (717) 432-0158 (fax) 6 1 ,,.w_ ~~. ,'i~_i 1r;.. ~ , _ HENRY & BEAVER LLP By: Marc A. Hess Identification No. 55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 METRO BANK f/k/a COMMERCE BANK /HARRISBURG, N.A., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW vs. RODNEY L. YENTZER and NANCY J. YENTZER, his wife, Individually and Jointly, Defendants No. 12-6686 Civil Term PRAECIPE FOR WRIT OF EXECUTION UPON A CONFESSED JUDGMENT TO THE PROTHONOTARY: Issue a Writ of Execution upon a Judgment entered by confession in the above matter, 1. Directed to the Sheriff of Cumberland County; 2. Against Rodney L. Yentzer and Nancy J. Yentzer, his wife, individually and jointly, of 250 Richard Road, Carlisle, Cumberland County, Pennsylvania 17013, Defendants. Direct the Sheriff to levy upon and sell the Defendants' real estate commonly known and numbered as Lot 11, Westminster Drive, Carlisle, Cumberland County, ~~'~a~.s° ~a a~ a. << <, s ~ ~'° ~~ ~ i "3~3 ~~ a~c~~~ l~ ~ t~ ~~ s UJ 3. Index this Writ against Rodney L. Yentzer and Nancy J. Yentzer, his wife, individually and jointly, Defendants. 4. Principal Sum Due - $ 65,848.13 Interest to 10/16/2012 - 786.56 Late Fees to 10/16/2012 - 3,525.87 Attorney's Commission (10% of unpaid principal and interest) - 6,663.47 O.C.P.P. - This Writ - Together with interest which continues to accrue after entry of judgment and until paid in full at the contract rate ($12.346524 per diem), additional late fees as may accrue at the contract rate, additional and reasonable attorney's fees and costs as may be incurred, together with costs of suit and any and all amounts expended by Plaintiff to maintain its collateral. CERTIFICATION I, certify that: a) This Praecipe is based upon a judgment entered by confession; and b) Notice will be served at least thirty (30) days prior to the date of the Sheriffs Sale of real property pursuant to Rule 2958.2. HEN B VE LLP By: MAR A. HES I . D. #55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 Attorney for Plaintiff - 2 - ALL THAT CERTAIN tract of land situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described in accordance with the Final Subdivision Plan for Phase 1 Hillmount, dated April 30, 1986, prepared by Stephen Fisher, R.S., and recorded in Cumberland County Plan Book 50, Page 135, as follows: BEGINNING at a point on the 50 foot wide right-of-way line of Westminster Drive at the corner of Lot No. 10 as recorded in Cumberland County Plan Book 53, Page 68; thence along said Lot No. 10, North 25 degrees 58 minutes 05 seconds East, 220.12 feet to an iron pin set; thence along Lot No. 6 as recorded in Cumberland County Plan Book 48, Page 38, South 57 degrees 30 minutes 47 seconds East, 251.95 feet to a manhole; thence along Lot No. 12 on the above-mentioned Plan and passing through a sanitary sewer easement, South 62 degrees 22 minutes 21 seconds West, 255.58 feet to an iron pin set; thence along said Westminster Drive on a line curving to the left having a radius of 350.00 feet to an arc distance of 100.00 feet to a point, the place of BEGINNING. BEING Lot No. 11 on the Final Subdivision Plan for Phase 1 Hillmount and containing 0.8846 acres. BEING the same premises which No V. Otto, III, as Trustee under agreement dated December 28, 1993 for the benefit of Alexandra Elizabeth Otto, by Deed dated January 14, 2005, and recorded January 14, 2005, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania at Book 267, Page 778, granted and conveyed unto Rodney L. Yentzer, II and Nancy J. Yentzer, husband and wife. KNOW AS Lot 11, Westminster Drive, Carlisle, Pennsylvania. Parcel No. 40-23-0594-0566 ~° 5 ~ ~ . ,~ f n s I ~,,, ,l "~ fF:,41 ~.~ ~ d f 1 . I L ! -~ 7 ~+:°~jl41'j~~ HENRY & BEAVER LLP By: Marc A. Hess Identification No. 55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 METRO BANK f/k/a COMMERCE BANK /HARRISBURG, N.A., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW vs. RODNEY L. YENTZER and NANCY J. YENTZER, his wife, Individually and Jointly, Defendants No. 12-6686 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 the Writ of Execution was filed and as of the present time the following information concerning the real property located at Lot 11, Westminster Drive, Carlisle, Cumberland County, Pennsylvania 17013, Tax Parcel No. 40-23-0594-0566, and having a legal description as set forth on Exhibit "A" attached hereto and incorporated by reference: 1. Name and address of Owners or Reputed Owners: Name Address Rodney L. Yentzer 250 Richland Road Carlisle, PA 17013 Nancy J. Yentzer 250 Richland Road Carlisle, PA 17013 Rodney L. Yentzer Lot 11, Westminster Drive Carlisle, PA 17013 Nancy J. Yentzer Lot 11, Westminster Drive Carlisle, PA 17013 2. Name and address of Defendants in the judgment. Name Address Rodney L. Yentzer 250 Richland Road Carlisle, PA 17013 Nancy J. Yentzer 250 Richland Road Carlisle, PA 17013 Rodney L. Yentzer Lot 11, Westminster Drive Carlisle, PA 17013 Nancy J. Yentzer Lot 11, Westminster Drive Carlisle, PA 17013 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Metro Bank f/k/a 3801 Paxton Street Commerce Bank /Harrisburg, N.A. Harrisburg, PA 17111 - 2 - 4. Name and address of the last recorded holder of every mortgage of record: Name Address Metro Bank f/k/a 3801 Paxton Street Commerce Bank /Harrisburg, N.A. Harrisburg, PA 17111 5. Name and Address of every other person who has any record lien on the property: Name Address n/a 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: Name Address n/a 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: Name Address Tenant /Occupant Lot 11, Westminster Road Carlisle, PA 17013 South Middleton School District 4 Forge Road Boiling Springs, PA 17007 South Middleton Township 520 Park Drive Boiling Springs, PA 17007 - 3 - South Middletown Tax Collector Cumberland County Tax Bureau Cumberland County Treasurer Robert Cairns, Tax Collector P.O. Box 40 Boiling Springs, PA 17007 21 Waterford Drive, Suite 201 Mechanicsburg, PA 17050 Cumberland County Courthouse One Courthouse Square, Room 103 Carlisle, PA 17013 Cumberland County Tax Claim Bureau Cumberland County Courthouse One Courthouse Square, Room 106 Carlisle, PA 17013 Cumberland County Domestic Relations Support Division 13 North Hanover Street P.O. Box 320 Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Taxes Inheritance Tax Division Attn: John Murphy Department of Public Welfare T.P.L. Casualty Unit Estate Recovery Program Internal Revenue Service Federal Estate Tax Special Procedures Branch Internal Revenue Service Advisory Unit Department 280946 Harrisburg, PA 17125-0946 P.O. Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Square Department 280601 Harrisburg, PA 17128 Willow Oak Building P.O. Box 8486 Harrisburg, PA 17105 600 Arch Street P.O. Box 1205 Philadelphia, PA 19105 600 Arch Street, Room 3259 Philadelphia, PA 19106 - 4 - Commonwealth of Pennsylvania Dept. of Labor and Industry Office of U.C. Tax Services 333 Market Street, 16th Floor Harrisburg, PA 17101-2236 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or 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. Date: November 28, 2012 HENRY ~ V ' LLP By: ARC A. HES I.D. #55774 Attorney for Plaintiff - 5 - ALL THAT CERTAIN tract of land situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described in accordance with the Final Subdivision Plan for Phase 1 Hillmount, dated April 30, 1986, prepared by Stephen Fisher, R.S., and recorded in Cumberland County Plan Book 50, Page 135, as follows: BEGINNING at a point on the 50 foot wide right-of-way line of Westminster Drive at the corner of Lot No. 10 as recorded in Cumberland County Plan Book 53, Page 68; thence along said Lot No. 10, North 25 degrees 58 minutes 05 seconds East, 220.12 feet to an iron pin set; thence along Lot No. 6 as recorded in Cumberland County Plan Book 48, Page 38, South 57 degrees 30 minutes 47 seconds East, 251.95 feet to a manhole; thence along Lot No. 12 on the above-mentioned Plan and passing through a sanitary sewer easement, South 62 degrees 22 minutes 21 seconds West, 255.58 feet to an iron pin set; thence along said Westminster Drive on a line curving to the left having a radius of 350.00 feet to an arc distance of 100.00 feet to a point, the place of BEGINNING. BEING Lot No. 11 on the Final Subdivision Plan for Phase 1 Hillmount and containing 0.8846 acres. BEING the same premises which No V. Otto, III, as Trustee under agreement dated December 28, 1993 for the benefit of Alexandra Elizabeth Otto, by Deed dated January 14, 2005, and recorded January 14, 2005, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania at Book 267, Page 778, granted and conveyed unto Rodney L. Yentzer, II and Nancy J. Yentzer, husband and wife. KNOW AS Lot 11, Westminster Drive, Carlisle, Pennsylvania. Parcel No. 40-23-0594-0568 '.~~_ _. . . -~ R 7 1 ~.h _ r ~ `. ~~, J ~f HENRY & BEAVER LLP By: Marc A. Hess Identification No. 55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 METRO BANK f/k/a COMMERCE BANK /HARRISBURG, N.A., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW vs. RODNEY L. YENTZER and NANCY J. YENTZER, his wife, Individually and Jointly, Defendants No. 12-6686 Civil Term NOTICE OF SHERIFF'S SALE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.2 TAKE NOTICE that a Sheriffs sale of valuable real estate will be held in a room located to be posted at every entrance of the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania on WEDNESDAY MARCH 6, 2013 10:00 A.M. PREVAILING LOCAL TIME of all the estates, rights, titles, properties, claims and demands of the property of Rodney L. Yentzer and Nancy J. Yentzer, his wife, individually and jointly, which are more fully described below: OWNER OF PROPERTY: Rodney L. Yentzer and Nancy J. Yentzer LOCATION OF PROPERTY TO BE SOLD: Lot 11, Westminster Drive Carlisle, Cumberland County Pennsylvania Tax Parcel No. 40-23-0594-0566 DESCRIPTION OF PROPERTY TO BE SOLD: A legal description is attached hereto, incorporated herein and identified as Exhibit ..A.. IMPROVEMENTS ON PROPERTY: together with all improvements and appurtenances. This Sheriffs sale takes place pursuant to a Judgment against Rodney L. Yentzer and Nancy J. Yentzer, his wife, individually and jointly, in favor of Metro Bank f/k/a Commerce Bank /Harrisburg, N.A. which Judgment was entered at No. 12-6686 Civil Term in the amount of: Principal Sum Due - $ 65,848.13 Interest to 10/16/2012 - 786.56 Late Fees to 10/16/2012 - 3,525.87 Attorney's Commission (10% of unpaid principal and interest) - 6,663.47 Total - $ 76,824.03 Together with interest which continues to accrue after entry of judgment and until paid in full at the contract rate ($12.346524 per diem), additional late fees as may accrue at the contract rate, additional and reasonable attorney's fees and costs as may be incurred, together with costs of suit and any and all amounts expended by Plaintiff to maintain its collateral. If you have a question about the full amount due and owing through the date of Sheriff's Sale, you can get that information by contacting the attorney whose name, address and telephone number appears below. -2- TAKE NOTICE that a Schedule of Distribution will be filed by the Sheriff on a date not later than thirty (30) days after the Sheriffs sale and distribution will be made in accordance with that Schedule of Distribution unless exceptions are filed thereto within ten (10) days after the filing of the Schedule of Distribution. No further notice of the filing of Schedule of Distribution will be given. YOU MAY HAVE A LIEN OR OTHER INTEREST IN THE ABOVE PROPERTY. Any lien or interest you have in the above property may be forever lost or otherwise impaired if you do not properly take action to protect such lien or interest. You may have legal rights to prevent any lien or interest you have in the above property from being lost or otherwise impaired. For example, before the Sheriffs Sale, you may file a petition with the above Court of Common Pleas in order to open or strike the above judgment, or to stay or set aside the Sheriffs Sale, if you feel you have a defense or objection to the judgment or the execution procedures used, or for any other proper causes. After the Sheriffs Sale, but before delivery of the Sheriffs Deed to the real property, a petition to set aside the Sheriffs Sale for a grossly inadequate price or for any other proper causes also may be filed with said Court. You also may have the right to free legal help. A lawyer can advise you more specifically of these and other rights you may have regarding the above matters. If you wish to exercise your rights, however, you must act promptly or you may lose such rights. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO -3- NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or (800) 990-9108 Marc A. Hess I . D. #55774 HENRY & BEAVER LLP Attorney for Plaintiff Ronny R. Anderson Sheriff of Cumberland County -4- ALL THAT CERTAIN tract of land situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described in accordance with the Final Subdivision Plan for Phase 1 Hillmount, dated April 30, 1986, prepared by Stephen Fisher, R.S., and recorded in Cumberland County Plan Book 50, Page 135, as follows: BEGINNING at a point on the 50 foot wide right-of-way line of Westminster Drive at the corner of Lot No. 10 as recorded in Cumberland County Plan Book 53, Page 68; thence along said Lot No. 10, North 25 degrees 58 minutes 05 seconds East, 220.12 feet to an iron pin set; thence along Lot No. 6 as recorded in Cumberland County Plan Book 48, Page 38, South 57 degrees 30 minutes 47 seconds East, 251.95 feet to a manhole; thence along Lot No. 12 on the above-mentioned Plan and passing through a sanitary sewer easement, South 62 degrees 22 minutes 21 seconds West, 255.58 feet to an iron pin set; thence along said Westminster Drive on a line curving to the left having a radius of 350.00 feet to an arc distance of 100.00 feet to a point, the place of BEGINNING. BEING Lot No. 11 on the Final Subdivision Plan for Phase 1 Hillmount and containing 0.8846 acres. BEING the same premises which No V. Otto, III, as Trustee under agreement dated December 28, 1993 for the benefit of Alexandra Elizabeth Otto, by Deed dated January 14, 2005, and recorded January 14, 2005, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania at Book 267, Page 778, granted and conveyed unto Rodney L. Yentzer, II and Nancy J. Yentzer, husband and wife. KNOW AS Lot 11, Westminster Drive, Carlisle, Pennsylvania. Parcel No. 40-23-0594-056B C - 9 1 ~, ~ _ ~ .. ~ ~ . r" ~~~. ^,l,i ,,,rp E+~ a HENRY & BEAVER LLP By: Marc A. Hess Identification No. 55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 METRO BANK f/k/a COMMERCE BANK /HARRISBURG, N.A., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW vs. RODNEY L. YENTZER and NANCY J. YENTZER, his wife, Individually and Jointly, Defendants No. 12-6686 Civil Term NOTICE UNDER RULE 2958.2 OF JUDGMENT AND EXECUTION THEREON NOTICE OF DEFENDANTS' RIGHTS To: Mr. Rodney L. Yentzer 250 Richland Road Carlisle, PA 17013 A judgment in the amount of: Principal Sum Due - Interest to 10/16/2012 - Late Fees to 10/16/2012 - Attorney's Commission (10% of unpaid principal and interest) - Total - $ 65,848.13 786.56 3, 525.87 6,663.47 $ 76, 824.03 Together with interest which continues to accrue after entry of judgment and until paid in full at the contract rate ($12.346524 per diem), additional late fees as may accrue at the contract rate, additional and reasonable attorney's fees and costs as may be incurred, together with costs of suit and any and all amounts expended by Plaintiff to maintain its collateral, has been entered against you and in favor of the Plaintiff without any prior notice or hearing based on a confession of judgment contained in a written agreement or other paper allegedly signed by you. The Court has issued a Writ of Execution which directs the Sheriff to levy upon and sell certain real property owned by you to pay the judgment The Sheriffs sale has been scheduled for March 6, 2013. You may have legal rights to defeat the judgment or to prevent or delay the Sheriffs sale. 1. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND OR DELAY OF THE SHERIFF'S SALE PRIOR TO THE SHERIFF'S SALE OR YOU MAY LOSE YOUR RIGHTS. 2. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE - 2 - OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or (800) 990-9108 HENRY V LLP _.-.~- By: ARC A. HES I.D. #55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 Attorney for Plaintiff AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact the Court Administrator's Office at (717) 240-6200. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. You must attend the scheduled conference or hearing. - 3 - :i- ~ : a . ~ ti; :4 HENRY & BEAVER LLP By: Marc A. Hess Identification No. 55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 METRO BANK f/k/a COMMERCE BANK /HARRISBURG, N.A., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW vs. RODNEY L. YENTZER and NANCY J. YENTZER, his wife, Individually and Jointly, Defendants No. 12-6686 Civil Term NOTICE UNDER RULE 2958.2 OF JUDGMENT AND EXECUTION THEREON NOTICE OF DEFENDANTS' RIGHTS To: Mrs. Nancy J. Yentzer 250 Richland Road Carlisle, PA 17013 A judgment in the amount of: Principal Sum Due - Interest to 10/16/2012 - Late Fees to 10/16/2012 - Attorney's Commission (10% of unpaid principal and interest) - Total - $ 65,848.13 786.56 3,525.87 6,663.47 $ 76, 824.03 Together with interest which continues to accrue after entry of judgment and until paid in full at the contract rate ($12.346524 per diem), additional late fees as may accrue at the contract rate, additional and reasonable attorney's fees and costs as may be incurred, together with costs of suit and any and all amounts expended by Plaintiff to maintain its collateral, has been entered against you and in favor of the Plaintiff without any prior notice or hearing based on a confession of judgment contained in a written agreement or other paper allegedly signed by you. The Court has issued a Writ of Execution which directs the Sheriff to levy upon and sell certain real property owned by you to pay the judgment. The Sheriffs sale has been scheduled for March 6, 2013. You may have legal rights to defeat the judgment or to prevent or delay the Sheriffs sale. 3. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND OR DELAY OF THE SHERIFF'S SALE PRIOR TO THE SHERIFF'S SALE OR YOU MAY LOSE YOUR RIGHTS. 4. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE - 2 - OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or (800) 990-9108 HENRY LLP By: ARC A. H SS . D. #55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 Attorney for Plaintiff AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact the Court Administrator's Office at (717) 240-6200. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. You must attend the scheduled conference or hearing. - 3 - WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 12-6686 Civil COUNTY OF CUMBERLAND) CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due METRO BANK F/K/A COMMERCE BANK/HARRISBURG, N.A. Plaintiff (s) From RODNEY L. YENTZER AND NANCY J. YENTZER, HIS WIFE, INDIVIDUALLY AND JOINTLY (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: $65,848.13 L.L.: $.50 Interest TO 10/16/2012 - $786.56 Atty's Comm: 10% OF Unpaid Principal & Interest - $6,663.47 Due Prothy: $2.25 Atty Paid: $289.00 Other Costs: LATE FEES 10/16/2012 - $3,525.87 Plaintiff Paid: Date: 11 /29/12 (Seal) REQUESTING PARTY: Name' MARC A. HESS, ESQUIRE Address: IIENRY & BEAVER LLP 937 WILLOW STREET P.O. BOX 1140 LEBANON, PA 17042 Attorney for: PLAINTIFF Telephone: 717-274-3644 Supreme Court ID No. 55774 .~~~.~~~ David D. Buell, Prothonotary Deputy Zil13 JAPE CUMI LAW" PENNSYL!, HENRY & BEAVER LLP By: Marc A. Hess Identification No. 55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 METRO BANK f/k/a COMMERCE BANK/ HARRISBURG, N.A., Plaintiff vs. RODNEY L. YENTZER and NANCY J. YENTZER, his wife, Individually and Jointly, Defendants MW U>? N r. ,.. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 12-6686 Civil Term AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF LEBANON ss. I, Lisa I. Fox, of the law firm of Henry & Beaver LLP, depose and state that: 1. 1 forwarded a certified true and correct copy of the attached Notice of Sheriffs Sale Pursuant to Pennsylvania Rule of Civil Procedure 3129.2, Exhibit "A", by first class United States mail, proper postage prepaid, on December 10, 2012, to: Name Rodney L. Yentzer Address 250 Richland Road Carlisle, PA 17013 Nancy J. Yentzer Rodney L. Yentzer Nancy J. Yentzer Metro Bank f/k/a Commerce Bank / Harrisburg, N.A Tenant / Occupant South Middleton School District South Middleton Township South Middletown Tax Collector Cumberland County Tax Bureau Cumberland County Treasurer 250 Richland Road Carlisle, PA 17013 Lot 11, Westminster Drive Carlisle, PA 17013 Lot 11, Westminster Drive Carlisle, PA 17013 3801 Paxton Street Harrisburg, PA 17111 Lot 11, Westminster Road Carlisle, PA 17013 4 Forge Road Boiling Springs, PA 17007 520 Park Drive Boiling Springs, PA 17007 Robert Cairns, Tax Collector P.O. Box 40 Boiling Springs, PA 17007 21 Waterford Drive, Suite 201 Mechanicsburg, PA 17050 Cumberland County Courthouse One Courthouse Square, Room 103 Carlisle, PA 17013 Cumberland County Tax Claim Bureau Cumberland County Courthouse One Courthouse Square, Room 106 Carlisle, PA 17013 Cumberland County Domestic Relations Support Division 13 North Hanover Street P.O. Box 320 Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance Commonwealth of Pennsylvania Department of Welfare Department 280946 Harrisburg, PA 17125-0946 P.O. Box 2675 Harrisburg, PA 17105 2 Commonwealth of Pennsylvania Bureau of Individual Taxes Inheritance Tax Division Attn: John Murphy Department of Public Welfare T.P.L. Casualty Unit Estate Recovery Program Internal Revenue Service Federal Estate Tax Special Procedures Branch Internal Revenue Service Advisory Unit Commonwealth of Pennsylvania Dept. of Labor and Industry Attached hereto as Exhibit "B" and made a part hereof are the United States Postal Service Form 3817 Certificates of Mailing. 2. 1 also forwarded a true and correct copy of the attached Notice of Sheriffs Sale Pursuant to Pennsylvania Rule of Civil Procedure 3129.2, Exhibit "A", by First Class United States Mail, Certified, Return Receipt Requested, on December 10, 2012 6th Floor, Strawberry Square Department 280601 Harrisburg, PA 17128 Willow Oak Building P.O. Box 8486 Harrisburg, PA 17105 600 Arch Street P.O. Box 1205 Philadelphia, PA 19105 600 Arch Street, Room 3259 Philadelphia, PA 19106 Office of U.C. Tax Services 333 Market Street, 16th Floor Harrisburg, PA 17101-2236 to the Defendants as follows: Name Address Service Rodney L. Yentzer Nancy J. Yentzer 250 Richland Road Carlisle, PA 17013 250 Richland Road Carlisle, PA 17013 3 Returned "Return to Sender - Unclaimed - Unable to Forward" on 1/4/2013 Returned "Return to Sender - Unclaimed - Unable to Forward" on 1/4/2013 Rodney L. Yentzer Lot 11, Westminster Drive Received 12/11/2012 Carlisle, PA 17013 Nancy J. Yentzer Lot 11, Westminster Drive Received 12/11/2012 Carlisle, PA 17013 Attached hereto as Exhibit "C" and made a part hereof are the United States Postal Service Domestic Return Receipts and Receipts for Certified Mail. LISA" I. FOX Sworn to and subscribed to before me this 24th day of January, 2013. Notary Public COPS MONWEALTH OF PENNSYLVAtbA NOTAR!A, SEAL rATRICIA L. YOUNG, Notary Pu* City of Lebanon, Lebanon County My Commission Expires December 17,2D13 4 HENRY & BEAVER LLP By: Marc A. Hess Identification No. 55774 937 Willow Street P.O. Box '1140 Lebanon, PA 17042-1140 (717) 274-3644 METRO BANK f/k/a COMMERCE BANK / HARRISBURG, N.A., Plaintiff vs. RODNEY L. YENTZER and NANCY J. YENTZER, his wife, Individually and Jointly, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 12-6686 Civil Term NOTICE OF SHERIFF'S SALE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.2 TAKE NOTICE that a Sheriffs sale of valuable real estate will be held in a room located to be posted at every entrance of the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania on WEDNESDAY MARCH 6, 2013 10:00 A.M. PREVAILING LOCAL TIME of all the estates, rights, titles, properties, claims and demands of the property of Rodney L. Yentzer and Nancy J. Yentzer, his wife, individually and jointly, which are more fully described below: NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or (800) 990-9108 Marc A. Hess I . D. #55774 HENRY & BEAVER LLP Attorney for Plaintiff Ronny R. Anderson Sheriff of Cumberland County -4- ALL THAT CERTAIN tract of land situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described in accordance with the Final Subdivision Plan for Phase 1 Hillmount, dated April 30, 1986, prepared by Stephen Fisher, R.S., and recorded in Cumberland County Plan Book 50, Page 135, as follows: BEGINNING at a point on the 50 foot wide right-of-way line of Westminster Drive at the corner of Lot No. 10 as recorded in Cumberland County Plan Book 53, Page 68; thence along said Lot No. 10, North 25 degrees 58 minutes 05 seconds East, 220.12 feet to an iron pin set; thence along Lot No. 6 as recorded in Cumberland County Plan Book 48, Page 38, South 57 degrees 30 minutes 47 seconds East, 251.95 feet to a manhole, thence along Lot No. 12 on the above-mentioned Plan and passing through a sanitary sewer easement, South 62 degrees 22 minutes 21 seconds West, 255.58 feet to an iron pin set; thence along said Westminster Drive on a line curving to the left having a radius of 350.00 feet to an arc distance of 100.00 feet to a point, the place of BEGINNING. BEING Lot No. 11 on the Final Subdivision Plan for Phase 1 Hillmount and containing 0.8846 acres. BEING the same premises which No V. Otto, III, as Trustee under agreement dated December 28, 1993 for the benefit of Alexandra Elizabeth Otto, by Deed dated January 14, 2005, and recorded January 14, 2005, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania at Book 267, Page 778, granted and conveyed unto Rodney L. Yentzer, II and Nancy J. Yentzer, husband and wife. KNOW AS Lot 11, Westminster Drive, Carlisle, Pennsylvania. Parcel No. 40-23-0594-056B H M ?.n tt ? m o CD ? ?I G? CJ? ? W I N I -x O J Z Z 9 m 17d aZ I I C: am ?r x m D , i ?-- o aI r? :E? C27 C!] a ? I o aim m cn C m H CSI CSi " ?d D S l b co t n. .? . r +, r (y m H r H n. m Z O O ! y [mil ? CD m O - O P: O H. zJ m rt w -t w t i o I D w ( I w nI Un O O 0. =- m ? rt ? O pi n N? I ? ?O?? m (7-7 a ` Fl, QQ (D I 13 ') D td 03 m F-' (D D r I--= w n ?C ?I monn -o m x a p m x o o ? I 0 Z? 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P ost al S ervice CE RT IFI ED MAIL -, REC EIPT (Do mest ic Ma il On ly, No Ins urance C overage Provided) For d elive r inf ormati on vi it b i y s o ur we s te a t www.usps.com;; C7 ? x Postage $ tilt`` NNONpq Certified Fee f i __ Cn C] °- - Postmark O Return Receipt Fee ! t 1 (Endorsement Required) ! (. Fjerp C] Restricted Delivery Fee (Endorsement Required) Total Postage & Fees $ --- -t ---- P$ --- -- -- ----- - -- - - --- Sent To rv Rodney L..__Yentzer.... rq freet,APt.No.;--- 0 -POeox/vo. 25._0 Richland Road ?`- _..--------- . ------ ----------------- ----- - --- City Stafe, ZIP+4? N?i CO ...? Ir 17- ra O a .? O O O p O ,-q M MWMWMM? rq nj ...? r=i r C3 17- a, w w ? ? c Q Q - w n a4 o < o z w w x 2013 xi ,} .. '. F" r v L 0 W W G Ci >- (L d Z p L)' LLJ ni LLB Z -4 Ci n > r k; F'- F• l.? .. , .• CO s 0- For delivery information visit our website at www.uslpsxomc,? Postage $ 411_ y --- ? - N PA i? Certified Fee Return Receipt Fr.e (Endorsement Required) ... u! Postma Here O T _ O Restricted Delivery Fee t1 ., (Endorsement Required) O r-I 0 - - Total Postage & Fees - - ------ -- Sent To - -- - ---- ?J ru Nancy J. Yentzer _ -- Street, Apt. No.; -- ---- --_-- -- C3 OIPOOOxNo- 250 Richland Road Ciry,tare,ziP+a s Carlisle PA 17013 7r, it ,n •. t7' , CW' IRE PA ? Postage $ Y :'. ?c t•a??? e_ Certified Fee I- r ED CD Return Receipt Fee Postmark C3 (Endorsement Required) Mete / C3 Restricted Delivery Fee I (EndorsementRequlred) i!1 r-q O O C3 Total Postage & Fees x 7` L --- --- ROdAey L... Xex?tzer - .; C3 Lot 11, We stminster Drive N + --- - ------ ar-,1--is-1,e--P-A--1-7-013 ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front If space permits. 1. Article Addressed to: Rodney L. Yentzer Lot 11, Westminster Drive Carlisle PA 17013 A. X Received by ( kited Name) C. Date of Delivery u!'Q 14, Let D. Is delivery address different 4* 1'? Yes If YES, enter delivery add below: ( ONO Z?7 yoe(?I;? , ? Agent 3. Service Type YZI Certified Mail ? Express Mail ? Registered ? Return Receipt for Merchandise O Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes 2. Article Number ?012 1010 000o 1401 ?955 (Transfer from service labe# PS Form 3811, February 2004 Domestic Return Receipt 702595-02-M-1540 Postal CERTIFIED MAI LARECEIPT na (DOMestic Mail OnIV NO I n , surance Coverage Provlaed) • . C3 -r Postage $ Certified Fee C3 C3 Return Receipt Fee (Endorsement Required) _` . 3 Postmatk r3 Restricted Delivery Fee (Endorsement Re ui d - Here r f i 1 O q re ) _ ,1 / 1 F3 Total Postage & Fees $ ,? #• ,'=j r--1 Nancy J._-_Yentzer__ -- '- 3Yreet, ApE No.; 0 or POeoxNo. L t o -1_l,--Westmnster__D t Cary, state, zia+a ; - - ?' _ Ye? Carlisle PA 17013 • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits, 1. Article Addressed to: Nancy,Q. Yentzer Lot 11, Westminster Drive Carlisle PA 17013 y8lgn / JY ^ Agent xieceiied by (Printed Name) C. Date of Delivery aura („a D. Is delivery address differs t from item 1? Yes If YES, enter delivery address below. E'j Zy-7 yw2/c p r' 3. Service Type XXI Certified Mail ? Express Mail . ? Registered ? Retum Receipt for Merchandise ? Insured Mall ? C.O.D. 4. Restricted Delivery? (Extra Fee) 2. Article Number ? Yes rrrans*r from service label) ---70121010 _ 0000 1401 ?962 PS Form 381 y , Februa ,004 Domestic Return Receipt ---------- - 102595-02-M-1540 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson mEll-O FICE Sheriff T�'� PRQ t Ei0`{07ARY 4lititt at `lu"brri, O F r t a_ Jody S Smith Chief Deputy r 2013 APR 18 Ph 12: 52 Richard W Stewart CUMBERLAND COUNTY Or'FIGE OK THE SH:R�KK PENNSYLVANIA Metro Bank F/K/A Commerce Bank/Harrisburg N.A. vs. Case Number Nancy J Yentzer(et al.) 1 2012-6686 SHERIFF'S RETURN OF SERVICE 12/06/2012 Writ of Execution with Claim for Exemption, Notice Pursuant to Pa-R.C.P. 2958.2 and 3 served on defendants in addition to Real Estate Documents. 12/28/2012 08:10 PM -Deputy Stephen Bender, 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 RODNEY YENTZER HUSBAND,who accepted as"Adult Person in Charge"for Nancy J Yentzer at 250 Richland Road, Carlisle, PA 17013, Cumberland County. 12/2812012 08:10 PM-Deputy Stephen Bender, 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: Rodney L. Yentzer at 250 Richland Road, Carlisle, PA 17013, Cumberland County. 12/31/2012 03:40 PM -Deputy Gerald Worthington, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at Lot 11 Westminster Drive, Carlisle, PA 17013, Cumberland County. 0310712013 Ronny R.Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Cumberlad County, on March 6,2013 at 10:00 a.m. He sold the same for the sum of$ 1.00 to Attorney Marc Hess, on behalf of Metro Bank f/k/a Commerce Bank/Harrisburg, N.A., being the buyer in this execution, paid to the Sheriff the sum of$ SHERIFF COST: $1,128.95 SO ANSWERS,, � April 17, 2013 RONIV R ANDERSON, SHERIFF �7 0, pit s.L.Jfypd-to. s S _lot 4L g kkyf ,?Ijo r ic)CauntYaRntc+Sf�ErfR,'rol.rmjno. 0,, 1t 3?J—. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND }SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Metro Bank_F/K/A Commerce Bank/Harrisburg,_N A is the grantee the same having been sold to said grantee on the 6th day of March A.D., 2013, under and by virtue of a writ Execution issued on the 29th day of November, A.D., 2012, out of the Court of Common Pleas of said County as of Civil Term, 2012 Number 6686, at the suit of Metro Bank F/K/A Commerce Bank/Harrisburg N.A. against Rodney L. Yentzer&Nancy J Yentzer is duly recorded as Instrument Number 201312488. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this day of f A.D. Recorder of Deeds Of Ca<eeJt Caw PA MyCamm' EWhsNeFistMOrdWWan20t4 On December 6, 2012 the Sheriff levied upon the defendant's interest in the real property situated in South Middleton Township, Cumberland County, PA, Known and numbered as, Lot 11 Westminster Drive, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: December 6, 2012 By: Real Estate Coordinator oil -b 'd E- X30 11H vd 'nl�iitu': C'r,''i'339',2i�3 3 JA-- WRIT OF EXECUTION and/or ATTACHMENT t COMMONWEALTH OF PENNSYLVANIA) NO, 12-6686 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due METRO BANK F/K/A COMMERCE BANK/HARRISBURG,N.A.Plaintiff(s) From RODNEY L.YENTZER AND NANCY J.YENTZER,HIS WIFE,INDIVIDUALLY AND JOINTLY (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 GARNISHEES)as follows: and to notify the garnisbee(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: $65,848.13 L.L.:S.50 Interest TO 10/16/2012-$786.56 Atty's Comm: 10%OF Unpaid Principal&Interest-$6,663.47 Due Prothy:$2.25 Arty Paid: $289.00 Other Costs:LATE FEES 10/16/2012-$3,525.87 Plaintiff Paid: Date: 11t29t12 David D,Buell,Prothorcumy (Seal) Deputy REQUESTING PARTY: Name: MARC A. HESS,ESQUIRE Address: HENRY&BEAVER LLP 937 WILLOW STREET P.O. BOX 1140 LEBANON,PA 17042 Attorney for: PLAINTIFF TRUE COPY.FROM RECORD In Testimony whor_ec f, t hers unto setmy hand Telephone: 717-274-3644 and the s 3 :at sa'4 Court at Carlisle,0 f a This day of Supreme Court ID No.55774 - - prothonotary The Patriot-News Co. the patriotwNews 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 NOW you know Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 ' THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Marianne Miller, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book"M", Volume 14, Page 317, PUBLICATION COPY This ad ran on the date(s)shown below: 01/22/13 01/29/13 02/05/13 Sworn to and 6ubscribed before me 's 1 day of February, 2013 A.D. ub(ic- COMMONWEALTH OF PENNSYLVANIA Notarial seal Holly Lynn Warfel,Notary Public Washington Two.,Dauphin county my Commission ELphes Dec.12,2016 MEMBER,PENNSYLVANIA ASSOQATI4N OF NQIARiES J 2012.6606 Chdl Metro Bank F/K/A COMM111oe Bank/Harrisburg N.A. Vs NaneyJYentzer Rodney L.Yerfter . r, 1 AW.Marc A.Mess .,•, ALL THAT CERTAIN trap of land situate in South Middleton Township, 1 Cumberland l County Pennsylvania, bounded and descnbed'in accordance with the Final a,,tJ Subdivision Plan for Phase 1 Hifimoum,' dated April 30,1986,prepared by Stephen Fisher,R.S.,and recorded in Cumberland County Plan Book 50,Page 135,as follows: {4 BEGINNING at a point on the 50 foot C wide right-of-way line of Westminster 'I Drive at the comer of Lot No.1 0 as recorded in Cumberland County Plan Book 53,Page 68;thence along said Lot No.l 0,North 25 degrees 58 minutes 05 seconds East,220.12 feet to an iron pin set;thence along Lot No-6 as recorded in Cumberland County Plan Book 48,Page 1 38,South 57 degrces30minutes47 seconds ? East, 251.95 feet to a manhole; the= :! along Lot No.12 on the above-mentioned ,J Plan and passing through a sanitary sewer. easement,South 62 degrees 22 minutes 21 r j seconds West,25558 feel to an von pin i set;thence along said Westminster Drive ., on a line curving to the left having a radius of 350.00 feet to an arc distance of 100.00 feet to a point,the place of BEGINNING. BEING Lot No. 11 on the Final J Subdivision Plan for Phase 1 Hillmount.J and containing 0.8846 acres. BEING the same premises which No V. 4 Ono, III, as Trusice under agreement , J dated December28,1993 for the benefit of„ A Alexandra Elizabeth Otto,by Deed dated January 14,2005, and recorded January ; 14. 2005, in the Office of the Recorder . t of Dads in and for Cumberland County, Pennsylvania at Book 267, Page 778, granted and conveyed unto Rodney L Yentzc411 and Nancy J.Yentzer,husband, 1�t and wife. } KNOW AS Lot 11,Westminster Drive, I Carlisle,Pennsylvania. Parcel No.40.23-0594Z6B t he Patriot-News Now you Know 2020 Technology Parkway STE 300 Mechanicsburg,PA 17050-9498 (717)255-8237 BILL TO: Cumberland County Sheriffs Office Cumberland County Court House Carlisle, PA 17013 ACCT.# 2260 DUPLICATE BILL Date Description Sale# Size Rate Net Cost Of Ad 01/22/13 Sheriff Sale 6686 8.36 $20.00 $ 167.20 01/29/13 Sheriff Sale 6686 8.36 $20.00 $ 167.20 02/05/13 Sheriff Sale 6686 8.36 $20.00 $ 167.20 Notary Fee $5.00 TOTAL DUE FOR THIS SALE: $ 506.60 JLC CUMBERLAND LAW JOURNAL Writ No. 2012-6686 Civil Page 778,granted and conveyed unto Rodney L. Yentzer, II and Nancy J. Metro Bank f/k/a Commerce Yentzer,husband and wife. Bank/Harrisburg N.A. KNOW AS Lot 11, Westminster Drive, Carlisle, Pennsylvania. VS. Parcel No. 40-23-0594-056B. Nancy J.Yentzer, Rodney L.Yentzer Arty.: Marc A. Hess ALL THAT CERTAIN tract of land situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described in accor- dance with the Final Subdivision Plan for Phase 1 Hillmount, dated April 30, 1986,prepared by Stephen Fisher, R.S., and recorded in Cum- berland County Plan Book 50, Page 135,as follows: BEGINNING at a point on the 50 foot wide right-of-way line of West- minster Drive at the comer of Lot No.l 0 as recorded in Cumberland County Plan Book 53, Page 68; thence along said Lot No.1 0, North 25 degrees 58 minutes 05 seconds East, 220.12 feet to an iron pin set; thence along Lot No.6 as recorded in Cumberland County Plan Book 48, Page 38, South 57 degrees 30 minutes 47 seconds East, 251.95 feet to a manhole; thence along Lot No. 12 on the above-mentioned Plan and passing through a sanitary sewer easement,South 62 degrees 22 min- utes 21 seconds West, 255.58 feet to an iron pin set;thence along said Westminster Drive on a line curving to the left having a radius of 350.00 feet to an we distance of 100.00 feet to a point,the place of BEGINNING. BEING Lot No. 11 on the Final Subdivision Plan for Phase 1 Hill- mount and containing 0.8846 acres. BEING the same premises which No V. Otto, III, as Trustee under agreement dated December 28, 1993 for the benefit of Alexandra Eliza- beth Otto, by Deed dated January 14,2005,and recorded January 14, 2005, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania at Book 267, 111 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 and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal,a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: January 25,February 1, and February 8, 2013. Affiant fiuther deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time,place and character of publication are true. ( Lisa Marie Coyn Editor SWORN TO AND SUBSCRIBED before me this day of Februa 2013 , Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH,CUMBERLAND COUNTY My Commission Expires Apr 28,2014 ihz Z::°3 OCT 16 P11 2: 56 CUMBERLAND COUNTY HENRY & BEAVER LLP PENNSYLVANIA By: Marc A. Hess Identification No. 55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 METRO BANK f/k/a COMMERCE : IN THE COURT OF COMMON PLEAS BANK / HARRISBURG, N.A., : CUMBERLAND COUNTY, PENNSYLVANIA Petitioner/ Plaintiff : CIVIL ACTION - LAW vs. : No. 12-6686 Civil Term • RODNEY L. YENTZER and • NANCY J. YENTZER, his wife, • Individually and Jointly, Respondents / Defendants: NOTICE TO DEFEND PURSUANT TO Pa.R.C.P. 3282(b) To: Mr. Rodney L. Yentzer 250 Richland Road Carlisle, PA 17013 Mrs. Nancy J. Yentzer 250 Richland Road Carlisle, PA 17013 You have been sued in court. The petition set forth in the following pages requests the court to determine the amount which should be credited against any liability you may have to the petitioner as a result of the purchase by the petitioner at an execution sale of the real property described in the petition. If you wish to defend against the petition, you must take action within twenty (20) days after this petition and notice are served upon you, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the matters set forth in the petition. 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 claim or relief requested by the petitioner. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or (800) 990-9108 411 ARC A. ES'. 2 HENRY & BEAVER LLP By: Marc A. Hess Identification No. 55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 METRO BANK f/k/a COMMERCE • IN THE COURT OF COMMON PLEAS BANK/ HARRISBURG, N.A., • CUMBERLAND COUNTY, PENNSYLVANIA Petitioner/ Plaintiff • CIVIL ACTION - LAW vs. : No. 12-6686 Civil Term RODNEY L. YENTZER and . NANCY J. YENTZER, his wife, . • Individually and Jointly, Respondents / Defendants• PETITION TO FIX FAIR MARKET VALUE COMES NOW, Petitioner/ Plaintiff, Metro Bank f/k/a Commerce Bank / Harrisburg, N.A., by and through its undersigned counsel and files this Petition to Fix Fair Market Value pursuant to the Deficiency Judgment Act, 42 Pa.C.S. §813(a), and in support thereof states the following: 1. Petitioner/ Plaintiff is Metro Bank f/k/a Commerce Bank / Harrisburg, N.A., a non-consumer judgment creditor in the within matter, with an office located at 3801 Paxton Street, Harrisburg, Pennsylvania 17111. • • 2. Respondents / Defendants, Rodney L. Yentzer and Nancy J. Yentzer, his wife, individually and jointly, are adult individuals with a last known address of 250 Richland Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. On October 31, 2012, judgment by confession was entered in favor of Petitioner/ Plaintiff and against Respondents / Defendants in the Court of Common Pleas of Cumberland County, Pennsylvania to the above term and action number, as follows: Principal Sum Due - $ 65,848.13 Interest to 10/16/2012 - 786.56 Late Fees to 10/16/2012 - 3,525.87 Attorney's Commission (10% of unpaid principal and interest) - 6,663.47 Total - $ 76,824.03 Together with interest which continues to accrue after entry of judgment and until paid in full at the contract rate ($12.346524 per diem), additional late fees as may accrue at the contract rate, additional and reasonable attorney's fees and costs as may be incurred, together with costs of suit and any and all amounts expended by Plaintiff to maintain its collateral, as authorized by the Warrant of Attorney appearing in the Note. 4. On November 29, 2012, Petitioner/ Plaintiff filed a Praecipe for Writ of Execution in the Court of Common Pleas of Cumberland County, Pennsylvania to Action Number 12-6686 Civil Term against Respondents / Defendants on property commonly known and numbered as Lot 11, Westminster Drive, Carlisle, Cumberland County, Pennsylvania 17013, Tax Parcel No. 40-23-0594-056B (hereinafter the "Real Property"). A complete legal description of the Real Property is attached hereto and incorporated herein by reference as Exhibit "A" 2 5. On March 6, 2013, the Real Property was sold at Sheriffs Sale by the Sheriff of Cumberland County, Pennsylvania in execution upon judgment No. 12-6686 Civil Term, to Petitioner/ Plaintiff. 6. On the date of Sheriff's Sale, March 6, 2013, the judgment entered to No. 12-6686 Civil Term remained unpaid and was fully due and owing to Petitioner/ Plaintiff. 7. The Sheriffs Deed conveying the Real Property to Petitioner/ Plaintiff was delivered and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania on April 18, 2013, Exhibit "B" attached hereto and incorporated herein by reference. 8. The Respondents / Defendants are the only parties known to Petitioner/ Plaintiff upon reasonable inquiry who may be directly or indirectly liable for payment of the aforesaid debt upon which judgment was entered. 9. Petitioner/ Plaintiff has been attempting to market the Real Property for sale for approximately five (5) months but has not received any offers for purchase of the Real Property in excess of Sixty Thousand Dollars ($60,000.00). Petitioner/ Plaintiff believes and therefore avers that the Real Property has a fair market value of Sixty Thousand Dollars ($60,000.00). 10. Subsequent to Sheriff's Sale Petitioner/ Plaintiff paid outstanding liens against the Real Property which included past due real estate taxes in the amount of Two Thousand Three Hundred Twenty-One Dollars and Twenty-Three Cents ($2,321.23), of which should be reduced from the Real Property value when fixing the fair market value. 3 11. Petitioner/ Plaintiff expects that when the Real Property is ultimately sold it will incur reasonable and necessary expenses in marketing and selling the Real Property, including broker's commission of eight percent (8%), estimated to be Four Thousand Eight Hundred Dollars ($4,800.00) and transfer taxes of Six Hundred Dollars ($600.00), all of which should be reduced from the fair market value in fixing the fair market value and Petitioner/ Plaintiffs deficiency. WHEREFORE, Petitioner/ Plaintiff respectfully requests that the fair market value of the Real Property be fixed at Sixty Thousand Dollars ($60,000.00), less liens and taxes satisfied in the amount of Two Thousand Three Hundred Twenty-One Dollars and Twenty-Three Cents ($2,321.23), estimated transfer taxes in the amount of Six Hundred Dollars ($600.00), estimated realtor's commission in the amount of Four Thousand Eight Hundred Dollars ($4,800.00) reducing the fair market value of the Real Property to Fifty-Two Thousand Two Hundred Seven-Eight Dollars and Seventy-Seven Cents ($52,278.77), being the amount fixed as the fair market value and to be reduced from Petitioner/ Plaintiff's judgment in fixing its deficiency. HENRY & BEAVER LLP ob.,* Nev.I By: AP y ARC A. ES' I.D. #55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 Attorney for Petitioner/ Plaintiff 4 METRO BANK f/k/a COMMERCE • IN THE COURT OF COMMON PLEAS BANK/ HARRISBURG, N.A., •• CUMBERLAND COUNTY, PENNSYLVANIA Petitioner/ Plaintiff •▪ CIVIL ACTION - LAW vs. • No. 12-6686 Civil Term • RODNEY L. YENTZER and • NANCY J. YENTZER, his wife, • Individually and Jointly, Respondents / Defendants• VERIFICATION I, David M. Chajkowski, being duly affirmed according to law, depose and say that I am a Vice President of Metro Bank, and that I am authorized to make this Verification on its behalf and that the facts set forth in the foregoing Petition to Fix Fair Market Value are true and correct to the best of my knowledge, information and belief. To the extent that any of the averments in the foregoing document are based upon the understanding or application of law, I have relied upon counsel in making this Verification. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. METRO BANK Davi M. Chajkowski Vice President Asset Recovery Supervisor ALL THAT CERTAIN tract of land situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described in accordance with the Final Subdivision Plan for Phase 1 Hillmount, dated April 30, 1986, prepared by Stephen Fisher, R.S., and recorded in Cumberland County Plan Book 50, Page 135, as follows: BEGINNING at a point on the 50 foot wide right-of-way line of Westminster Drive at the corner of Lot No. 10 as recorded in Cumberland County Plan Book 53, Page 68; thence along said Lot No. 10, North 25 degrees 58 minutes 05 seconds East, 220.12 feet to an iron pin set; thence along Lot No. 6 as recorded in Cumberland County Plan Book 48, Page 38, South 57 degrees 30 minutes 47 seconds East, 251.95 feet to a manhole; thence along Lot No. 12 on the above-mentioned Plan and passing through a sanitary sewer easement, South 62 degrees 22 minutes 21 seconds West, 255.58 feet to an iron pin set; thence along said Westminster Drive on a line curving to the left having a radius of 350.00 feet to an arc distance of 100.00 feet to a point, the place of BEGINNING. BEING Lot No. 11 on the Final Subdivision Plan for Phase 1 Hillmount and containing 0.8846 acres. BEING the same premises which No V. Otto, III, as Trustee under agreement dated December 28, 1993 for the benefit of Alexandra Elizabeth Otto, by Deed dated January 14, 2005, and recorded January 14, 2005, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania at Book 267, Page 778, granted and conveyed unto Rodney L. Yentzer, II and Nancy J. Yentzer, husband and wife. KNOW AS Lot 11, Westminster Drive, Carlisle, Pennsylvania. Parcel No. 40-23-0594-056B 002XYZ Tax Parcel No. 40-23-0594-056B Know all Men by these Presents /—') That T, Ronny R. Anderson, Sheriff of the County of Cumberland, In the State of / Pennsylvania, for and in consideration of the sum of$ 1.00 (One Dollar) to me in hand paid, do hereby grant and convey Metro Bank F/K/A Commerce Bank/ Harrisburg,N.A. Writ No.2012-6686 Civil Term Metro Bank F/K/A Commerce BanklHarrisburg,N.A. Vs Rodney L. Yentzer Nancy J. Yentzer. ALL THAT CERTAIN tract of land situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described in accordance with the Final Subdivision Plan for Phase 1 Hillmount, dated April 30, 1986, prepared by Stephen Fisher, R.S., and recorded in Cumberland County Plan Book 50,Page 135, as follows: BEGINNING at a point on the 50 foot wide right-of-way line of Westminster Drive at the corner of Lot No.1 0 as recorded in Cumberland County Plan Book 53, Page 68; thence along said Lot No.1 0, North 25 degrees 58 minutes 05 seconds East, 220.12 feet to an iron pin set; thence along Lot No.6 as recorded in Cumberland County Plan Book 48, Page 38, South 57 degrees 30 minutes 47 seconds East, 251.95 feet to a manhole; thence along Lot No. 12 on the above-mentioned Plan and passing through a sanitary sewer easement, South 62 degrees 22 minutes 21 seconds West, 255.58 feet to an iron pi.n set; thence along said Westminster Drive on a line curving to the left having a radius of 350.00 feet to an arc distance of 100.00 feet to a point, the place of BEGINNING. BEING Lot No. 11 on the Final Subdivision Plan for Phase 1 Hillmount and containing 0.8846 acres. BEING the same premises which No V. Otto, III, as Trustee under agreement dated December 28, 1993 for the benefit of Alexandra Elizabeth Otto, by Deed dated.January 14,2005, and recorded.January 14, 2005,in the Office of the Recorder of Deeds in and for Cumberland County,Pennsylvania at Book 267, Page 778, granted and conveyed unto Rodney L. Yentzer, II and Nancy J. Yentzer,husband and wife. KNOW AS Lot 11, Westminster Drive, Carlisle, Pennsylvania. Parcel No. 40-23-0594-056B The same having been sold by me to the said grantee on the 6th day of March Anno Domini. Two Thousand and Thirteen (2013) after due advertisement according to law, under and by Virtue of a Writ of Execution issued on the 29th of November Anno Domini 2012 out of the Court of Common Pleas of Cumberland County, Pennsylvania, as of Civil Term, Two Thousand and Twelve(2012) Number 6686 at the suit of Metro Bank F/K/A Commerce Bank/Harrisburg, N.A.—vs- Rodney L. Yentzer Nancy J. Yentzer In Witness Whereof, I have hereunto affixed my signature this 2 5th day of March Anno Domini Two Thousand and Thirteen (2013) / .r/ - -- onny •. Aril erson, Sheriff �`°`" `-----_, Commonwealth of Pennsylvania, ss. County of Cumberland Before the undersigned, David D. Buell, Prothonotary of the Court of Common Pleas of Cumberland County, Pennsylvania, personally appeared Ronny R. Anderson, Sheriff of Cumberland County aforesaid, and in due form of law declared that the facts Set forth in the foregoing Deed are true, and that he acknowledged the same in order that Said deed might be recorded. Witness my hand and seal of said Court, this 2 5th day of Ma rch Anno Domini Two Thousand and Thirteen (2013) / (P' * • ,,,,:',t,., P othonotary b Pa='D ' = -t. '` ,'`0. (1i •/It/�� :r Prothonotary,Cumberland County,Carlisle„PA �k e. rj C�I /� �� ,, My Commission Expires the First 'Monday M ; Monday of lam 1911 h ,' c)."1 I hereby certify that the residence Q. �- And Post Office address of the z.i' ..,`:,;, ,%11,-..„,,,-.ALA '' ,�/`-. - Within Grantee is t \i t �C. C.Y ' r�( ., ,;"1.1 , 1 .- ,•�NI's:',^44 3801 Paxton Street e,'`r� , ,,. • �•` Harrisburg, PA 17111 .// /.4 +:�4 � 2 rik �-m . Richard W. Stewart g✓ Solicitor ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY � ,tip -_;_ 1 COURTHOUSE SQUARE � CARLISLE, PA 17013 �' itlx•y - �• ' + 717-240-6370 • - 1 Instrument Number-201312488 Recorded On 4/18/2013 At 12:56:44 PM *Total Pages-5 *Instrument Type-DEED-SHERIFF'S Invoice Number- 134567 User ID-SW *Grantor-YENTZER,RODNEY L *Grantee METRO BANK *Customer-.CUMBERLAND COUNTY SHERIFF *FEES STATE WRIT TAX $0.50 Certification Page STATE JCS/ACCESS TO $23.50 JUSTICE DO NOT DETACH RECORDING FEES — $12.50 RECORDER OF DEEDS This page is now part PARCEL CERTIFICATION $10.00 FEES of this legal document. AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 SOUTH MIDDLETON SCHOOL $0.00 DISTRICT SOUTH MIDDLETON TOWNSHIP $0.00 TOTAL PAID $63.00 I Certify this to be recorded in Cumberland County PA RECORDER O/71-' D EDS Y780 *-Information denoted by an asterisk may change during the verification process and may not be reflected on this page. 002XYZ I II lull 111 11 NI CERTIFICATE OF SERVICE I, Lisa I. Fox, of the firm of Henry & Beaver LLP, do hereby certify that I have forwarded a certified true and correct copy of the within Petition to Fix Fair Market Value by regular United States mail, postage prepaid, on October 15, 2013, to the following: Brian C. Linsenbach, Esquire STONE, DUNCAN & LINSENBACH, PC 8 North Baltimore Street Dillsburg, PA 17019 Attorney for Defendants LISA I. FOX SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson i Sheriff Jody S Smith Chief Deputy � _ (jfry �,r Richard W Stewart Solicitor OMC OF THE "ER r Is YLIVAil, Metro Bank vs. Case Number Rodney L. Yentzer(et al.) 2012-6686 SHERIFF'S RETURN OF SERVICE 10/17/2013 03:46 PM- Deputy Ryan Burgett, being duly sworn according to law, served the requested Petition by handing a true copy to a person representing themselves to be Nancy Yentzer,wife,who accepted as "Adult Person in Charge"for Rodney L. Yentzer at 250 Richland Road, Dickinson Township, Carlisle, PA 17013. RYAN BURGETT, DEP 10/17/2013 03:46 PM - Deputy Ryan Burgett, being duly sworn according to law, served the requested Petition by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Nancy J Yentzer at 250 Richland Road, Dickinson Township, Carlisle, PA 17013. RYAN Bt TT, D SHERIFF COST: $50.78 SO ANSWERS, October 18, 2013 RON R ANDERSON, SHERIFF ,c)Ccunpi5wte,..�rit`,Te�e:oseft,,,.�. �,..�. 23 13 f 0`C 20 PH 2: 50 C -1BERLAND COt P� t� HENRY & BEAVER LLP F1:10SYLVANIA By: Marc A. Hess Identification No. 55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 METRO BANK f/k/a COMMERCE IN THE COURT OF COMMON PLEAS BANK / HARRISBURG, N.A., CUMBERLAND COUNTY, PENNSYLVANIA Petitioner/ Plaintiff CIVIL ACTION - LAW vs. No. 12-6686 Civil Term RODNEY L. YENTZER and NANCY J. YENTZER, his wife, Individually and Jointly, Respondents / Defendants PRAECIPE FOR ENTRY OF JUDGMENT BY DEFAULT TO THE PROTHONOTARY: Please enter judgment by default in favor of Plaintiff, Metro Bank f/k/a Commerce Bank / Harrisburg, N.A., and against Defendants, Rodney L. Yentzer and Nancy J. Yentzer, his wife, individually and jointly, for their failure to plead to the Petition to Fix Fair Market Value in the within matter within the time required. The Petition contains a Notice to Defend within twenty (20) days from the date of service thereof. Defendants were served by the Sheriff of Cumberland County, Pennsylvania with a copy of the Petition on October 17, 2013, and a copy of the Petition was also served upon their counsel of record, Brian C. Linsenbach, Esquire, of Stone, Duncan & Linsenbach, P.C., on October 15, 2013. Defendants' answer was due to be filed on November 6, 2013. awN rs OI gcoy Attached as Exhibit "A" is a copy of Plaintiffs written Notices of Intention to File Praecipe for Entry of Default Judgment which I certify were given in accordance with Pa.R.C.P. 237.1 by regular mail to the Defendants at their last known address and to Attorney Linsenbach on November 7, 2013, which is at least ten (10) days prior to the filing of this Praecipe. Petitioner/Plaintiff respectfully requests that judgment be entered in its favor fixing the fair market value of the Lot 11, Westminster Drive, Carlisle, Cumberland County, Pennsylvania 17013, Tax Parcel No. 40-23-0594-056B (the "Real Property") at Sixty Thousand Dollars ($60,000.00), less liens and taxes satisfied in the amount of Two Thousand Three Hundred Twenty-One Dollars and Twenty-Three Cents ($2,321.23), estimated transfer taxes in the amount of Six Hundred Dollars ($600.00), estimated realtor's commission in the amount of Four Thousand Eighth Hundred Dollars ($4,800.00) reducing the fair market value of the Real Property to Fifty-Two Thousand Two Hundred Seventy-Eight Dollars and Seventy-Seven Cents ($52,278.77), being the amount fixed as the fair market value and to be reduced from Petitioner/ Plaintiff's judgment in fixing its deficiency. HE Y V LLP By: ARC ESS I.D. #55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 Attorney for Plaintiff - 2 - 1. HENRY & BEAVER LLP By: Marc A. Hess Identification No. 55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 METRO BANK f/k/a COMMERCE IN THE COURT OF COMMON PLEAS BANK / HARRISBURG, N.A., CUMBERLAND COUNTY, PENNSYLVANIA Petitioner/ Plaintiff CIVIL ACTION - LAW vs. No. 12-6686 Civil Term RODNEY L. YENTZER and NANCY J. YENTZER, his wife, Individually and Jointly, Respondents / Defendants To: Rodney L. Yentzer 250 Richland Road Carlisle, PA 17013 Nancy J. Yentzer 250 Richland Road Carlisle, PA 17013 Date of Notice: November 7, 2013 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE EXHIBIT 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 PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or (800) 990-9108 HENRY BE ER LLP By: M C S I.D. #55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 Attorney for Plaintiff cc: Brian C. Linsenbach, Esquire STONE, DUNCAN & LINSENBACH, PC 8 North Baltimore Street Dillsburg, PA 17019 Attorney for Defendants - 2 - C/3 m m CL ° cr z o H •� cn t-4 CL 3• c co 7 m I--• t-4 V m �i CTl in a O m n m C cn Q w 9 H H t=i N qd Pd cn 2, m M t-' m N 7 0 p- 3� H ro tad v m � O CL m v m m ° O�n m m -0 I OD n N C7 N C7 Ul O Sv O (� F' O I 1 � ri r• I� (D. 00110 7 rt r• m r m R (7 n W r n 5mo0c� D mx mpm .m v (D F-' �mc0 = o m Ud F W m m fl- F- N (D ro a c rt > a (D z == o o I > Fj J ;d N O a rt m m I I w ri W fD I2 0 ? m (D rL h ID o I r 1i ❑00❑ co m o o m ti .� f o - = n H y m I I � s m_ m o H ' m Nt i I nmap Ci m Q m id 'c£ =—C, < H 0 2 C7 ff I m C!7 W I o m m o o ° H T °0 1ri m ' TI m j m o C x D pm m m mCJ7 CD F.7i q m m nm `ej Tm� O � L = 1 cn 1 � m 61 j O Q © m p < z Q1 G. C n c m D s � w 3 ANOnr R 0 �D✓ < D UNI% CD N I TA . ~ _- izl CD err_-��_.t y��s 5d•�� ?`� '� v ¢�.Ai' I .p CERTIFICATE OF SERVICE I, Lisa I. Fox, of the firm of Henry & Beaver LLP, do hereby certify that I have forwarded a certified true and correct copy of the within Praecipe for Entry of Judgment by Default by regular United States mail, postage prepaid, on November 19, 2013, to the following: Brian C. Linsenbach, Esquire STONE, DUNCAN & LINSENBACH, P.C. 8 North Baltimore Street Dillsburg, PA 17019-1210 29 LISA I. FOX HENRY & BEAVER LLP By: Marc A. Hess Identification No. 55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 METRO BANK f/k/a COMMERCE IN THE COURT OF COMMON PLEAS BANK/ HARRISBURG, N.A., CUMBERLAND COUNTY, PENNSYLVANIA Petitioner/ Plaintiff CIVIL ACTION - LAW vs. No. 12-6686 Civil Term RODNEY L. YENTZER and NANCY J. YENTZER, his wife, Individually and Jointly, Respondents / Defendants To: Rodney L. Yentzer 250`Richland Road Carlisle, PA 17013 Nancy J. Yentzer 250 Richland Road Carlisle, PA 17013 NOTICE OF ENTRY OF JUDGMENT Pursuant to Pa.R.C.P. Rule 236 please be advised that judgment by default in the above proceeding was entered on �yy , �D , 2013, fixing the fair market value of the Lot 11, Westminster Drive, Carlisle, Cumberland County, Pennsylvania 17013, Tax Parcel No. 40-23-0594-056B (the "Real Property") at Sixty Thousand Dollars ($60,000.00), less liens and taxes satisfied in the amount of Two Thousand Three Hundred Twenty-One Dollars and Twenty-Three Cents ($2,321.23), estimated transfer taxes in the amount of Six Hundred Dollars ($600.00), estimated realtor's commission in the amount of Four Thousand Eighth Hundred Dollars ($4,800.00) reducing the fair market value of the Real Property to Fifty-Two Thousand Two Hundred Seventy-Eight Dollars and Seventy-Seven Cents ($52,278.77), being the amount fixed as the fair market value and to be reduced from Petitioner/ Plaintiff's judgment in fixing its deficiency. A copy of the Praecipe for Entry of Judgment by Default is attached hereto. PROTHONOTARY Deputy Date: ' 2013 - 2 -