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HomeMy WebLinkAbout13-2924 Supreme Cou; f ;'ennsylVania 9. � `+ COU �Yo,frc0in M Pleas For Prothonotary Use Only: C`l �S�lE 1 ` pVCr ) Docket No: Sf County The information collected on this form is used solely court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: S El Complaint 0 Writ of Summons 0 Petition 0 Transfer from Another Jurisdiction Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: T METRO BANK JOHN M. BUNNEY and SARA A. BUNNEY . Are money damages requested? [x� Yes 0-i No =i Dollar Amount Requested: within arbitration limits I (check one) x; outside arbitration limits 0 N Is this a Class Action Suit? C_i Yes iXi No Is this an MDJAppeal? 0 Yes x! No A Name of Plaintiff /Appellant's Attorney: Melanie L. Vanderau, Esquire 0 Check here if you have no attorney (are a Self - Represented (Pro Sel Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS 0 Intentional Buyer Plaintiff Administrative Agencies Malicious Prosecution ❑i Debt Collection: Credit Card M Board of Assessment Motor Vehicle >> Debt Collection: Other a Board of Elections 0 Nuisance 0 Dept. of Transportation S 0 Premises Liability L9 Statutory Appeal: Other 0 Product Liability (does not include Employment Dispute: L'j mass tort) ED Slander/Libel/ Defamation Discrimination C 0 Other: Employment Dispute: Other L] Zoning Board T -' Other: f I 0 Other: O MASS TORT 0 Asbestos N l3 Tobacco 0 Toxic Tort - DES Ca Toxic Tort -Implant REAL PROPERTY MISCELLANEOUS 0 Toxic Waste Ejectment i_; Common Law /Statutory Arbitration El B Other: 0 Eminent Domain /Condemnation Declaratory Judgment [ ! Ground Rent J N, Mandamus 0 Landlord/Tenant Dispute Non - Domestic Relations El Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY L Mortgage Foreclosure: Commercial Q Quo Warranto J Dental _� Partition El Replevin Legal Quiet Title Other: Medical D Other: Other Professional: L _ Updated 1/1/2011 1 % C NMBEI i RLAIND C0UNTY E'h'�`�'Ell w Melanie L. Vanderau, Esquire METTE, EVANS & WOODSIDE Sup. Ct. ID No. 203167 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110 -0950 (717) 232 -5000 (717) 236 -1816 (fax) mlvanderau @mette.com Attorneys for Plaintiff METRO BANK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. JOHN M. BUNNEY and SARA A. DOCKET NO. 3 0)v() 7 V BUNNEY, Defendants NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 34 S. BEDFORD STREET CARLISLE, PA 17013 TELEPHONE: (717) 249 -3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 2 METTE, EVANS & WOODSIDE Melanie L. Vanderau, Esquire Sup. Ct. ID No. 203167 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110 -0950 (717) 232 -5000 (717) 236 -1816 (fax) mlvanderau @mette.com Attorneys for Plaintiff METRO BANK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. nn JOHN M. BUNNEY and SARA A. DOCKET NO. ) P - p-. 9 a ( (� U� BUNNEY, Defendants COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff, METRO BANK, by its attorneys files this Complaint in Mortgage Foreclosure pursuant to Pa. R.C.P. § 1141 et seq., and in support thereof avers the following: Parties 1. Plaintiff, Metro Bank is a Pennsylvania state chartered bank with an address at 3801 Paxton Street, Harrisburg, PA 17111. 2. Defendants John M. Bunney and Sara A. Bunney, husband and wife, are adult individuals with an address of 5038 Pellingham Circle, Enola, Pennsylvania, 17025. Jurisdiction & Venue 3. This Court has jurisdiction over this matter pursuant to 42 Pa. C.S.A. §93l(a). 4. Venue is proper under 42 Pa. C.S.A. §931(c) because the subject property is in Cumberland County. Background 5. On July 7, 2011, Defendant John Bunney executed a Promissory Note in the original principal amount of Fifty Four Thousand Eight Hundred Dollars and 00 /100 ($54,800.00). which was modified by a Change in Terms Agreement dated October 11, 2012, extending the maturity date of the Note until January 7, 2013. True and correct copies of the Promissory Note and Change in Terms Agreement are attached hereto as Exhibit "A" and referred to collectively as the "Note ". 6. Defendant's payment and performance obligations under the Note are secured by a lien and security interest created by a Purchase Money Mortgage dated July 7, 2011 with Defendants as Grantors in favor of Plaintiff as Lender and recorded on July 15, 2011 in the Cumberland County Recorder of Deeds Office at Instrument Number 201119765. A true and correct copy of the Purchase Money Mortgage is attached hereto as Exhibit "B" and made a part hereof (the "Mortgage "). 7. The real property subject to the Mortgage is 5038 Pellingham Circle, Enola, Cumberland County, Pennsylvania, as more particularly described in the Mortgage (the "Property "). 8. Defendants are the real owners of the Property. 9. The indebtedness evidenced by the Note and secured by the Mortgage is in default. Defendants have failed to pay the Note upon maturity, January 7, 2013. 4 10. Notice of such default and Defendants' rights under the Pennsylvania Loan Interest and Protection Law ( "Act 6 ") and the Housing Financing Agency Law ( "Act 91") was provided to Defendant John M. Bunney on January 11, 2013, by certified mail and Defendant Sara A. Bunney on February 1, 2013. by certified mail. True and correct copies of such Notice to the Defendants are attached hereto as Exhibit "C" and made a part hereof (collectively the "Notice ") 11. As of May 7, 2013, the amount due and owing under the Note is $58,920.14 which is computed as follows: Principal $54,665.72 Interest as of May 7, 2013 $1,170.34 Late Fees as of May 7, 2013 $2,783.58 Unpaid Loan Fees as of May 7, 2013 $50.50 Attorney's Fees: $250.00 Total $58,920.14* *Interest accruing at the per diem rate of $9.73, coats and attorneys' fees continue to accrue from May 7, 2013. 12. The attorneys' fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and, will be collected in the event of a third party purchaser at Sheriff's sale. If the Mortgage is reinstated prior to the sale, reasonable attorneys' fees will be charged based on work actually performed. COUNT I — MORTGAGE FORECLOSURE 13. The above paragraphs are incorporated herein by reference as if fully set forth. 14. Judgment has not been entered on the Mortgage in any jurisdiction. 15. The Note and Mortgage have not been assigned. 16. Plaintiff is entitled to Judgment in Mortgage Foreclosure. 5 WHEREFORE, Plaintiff respectfully requests that your Honorable Court enter Judgment in Mortgage Foreclosure in its favor and against Defendants in the amount of $58,920.14 plus continuing interest at the rate of $9.73 per diem after May 7, 2013, attorneys' fees, costs and expenses, and authorizing sale of the Real Property by the Sheriff of Cumberland County on such Judgment in Mortgage Foreclosure. Respectfully submitted, METTE, EVANS & WOODSIDE e a ' L. variderau, Esquire Sup. Ct. ID No. 203167 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110 -0950 (717) 232 -5000 (717) 236 -1816 (fax) Attorneys for Plaintiff Date: May 21, 2013 6 VERIFICATION I, John Robertson, Vice President, Asset Recovery Manager, Metro Bank, have read the foregoing Complaint in Mortgage Foreclosure and verify that the facts set forth therein are true and correct according to the best of my knowledge, information and belief and that I am authorized to executed this Verification on behalf of the bank. I understand that any false statement made herein is subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. 4se ertson, Vice President cove ry Manager, Metro Bank Dated: ���/�3 7 648487v1 __/ 1 PROMISSORY NOTE Principal Loan Date Maturity Loan No Call / Coll Account Officer Initials $54,800.00 07 -07 -20111 07 -07 -2012 1 400218933 1030 References in the boxes above: are for Lender's use only and do not limit the applicability of this document to any particular loan or item. An item above containing " *' *" has been omitted due to text length limitations. Borrower: John Michael Bunney Lender: Metro Bank 350 Poplar Church Road Lititz Pike Camp Hill, PA 17011 1416 Lititz Pike Lancaster, PA 17601 (717) 509 -1100 Principal Amount: $54,800.00 Initial Rate: 6.500% Date of Note: July 7, 2011 Maturity Date: July 7, 2012 PROMISE TO PAY. I ( "Borrower'l promise to pay to Metro Bank ( "Lender "), or order, in lawful money of the United States of America,..the principal amount of Fifty -four Thousand.Eight Hundred & 00/100 Dollars ($54,800.00), together with interest on the unpaid principal balance from July 7, 2011, until paid In full. PAYMENT. I will pay this loan in one principal payment of $54,800.00 plus interest on July 7, 2012. This payment due on July 7, 2012, will be for all principal and all accrued interest not yet paid. In addition, I will pay. regular monthly payments of all accrued unpaid interest due as of each payment date, beginning August 7, 2011, with all subsequent interest payments to be due on the same day of each month after that. Unless otherwise agreed or required by applicable law, payments will be applied to any accrued unpaid interest; then to unpaid principal; then to any escrow or reserve account payments as required under any mortgage, deed of trust, or other security instrument or security agreement securing this Note; then to any voluntary credit life and disability insurance premiums; then to any late charges; and then to any unpaid collection costs. . RECEIPT OF PAYMENTS. All Payments must be made by a check, automatic account debit, electronic funds transfer, money order, or other instrument in U.S. dollars and roust be received by us at the remittance address shown on your billing statement. Payments received at that address prior to 6:00 P.M. EASTERN on any business day will be. credited to your Loan as of the date received. If we receive payments at other locations, such payments will be credited promptly to your Loan, but crediting may be delayed for up to five (5) days after receipt. For payment purposes, every day is a business day, except Saturday, Sunday and Federal holidays. I will pay Lender at Lender's address shown above or at such other place as Lender may designate In writing. VARIABLE INTEREST RATE. The interest rate on this Note is subject to change from time to time based on changes in an independent index which is the Prime Rate as published in the Money Rate Section of the Wall Street Journal (the "Index "). The Index is not necessarily the lowest rate charged by Lender on its loans. If the Index becomes unavailable during the term of this loan, Lender may designate a substitute index after notifying me. Lender will tell me the current Index rate upon my request. The interest rate change will not occur more often than each monthly. I understand that Lender may make loans based on other rates as well. The Index currently is 3.250% per annum. Interest on the unpaid principal balance of this Note will be calculated as described in the "INTEREST CALCULATION METHOD" paragraph using a rate of 3.250 percentage points over the Index, resulting in an initial rate of 6.500% per annum. NOTICE: Under no circumstances will the interest rate on this Note be more than the lesser of 18.000% per annum or the maximum rate allowed by applicable law. Unless waived by Lender, any Increase in the interest rate will increase the amounts of my interest payments. INTEREST CALCULATION METHOD. Interest on this Note is computed on a 3651365 simple interest basis; that is, by applying the ratio of the interest rate over the number of days in a year, multiplied by the outstanding principal balance, multiplied by the actual number of days the principal balance is outstanding. All interest payable under this Note is computed using this method. PREPAYMENT. I agree that all loan fees and other prepaid finance charges are earned fully as of the date of the loan and will not be refunded to me upon early payment (whether voluntary or as a result of default), except as otherwise required by law. Except for the foregoing, I may pay without penalty all or a portion of the amount owed earlier than it is due. Early payments will not, unless agreed to by Lender in writing, relieve me of my obligation to continue to make payments under the payment schedule. Rather, early payments will reduce the principal balance due. I agree not to send Lender payments marked "paid in full ", "without recourse ", or similar language. If I send such a payment, Lender may accept it without losing any of Lender's rights under this Note, and I will remain obligated to pay any further amount owed to Lender. All written communications concerning disputed amounts, including any check or other payment instrument that indicates that the payment constitutes "payment in full" of the amount owed or that Is tendered with other conditions or limitations or as full satisfaction of a disputed amount must be mailed or delivered to: Metro Bank, PO Box 4999 Harrisburg, PA 17111 -9933. LATE CHARGE. If a payment is 16 days or more late, I will be charged 5.000% of the regularly scheduled payment. INTEREST AFTER DEFAULT. Upon maturity, whether scheduled or accelerated by Lender because of my default, the interest rate on this Note shall be increased by adding an additional 2.000 percentage point margin ( "Default Rate Margin "). The Default Rate Margin shall also apply to each succeeding interest rate change that would have applied had there been no default. If judgment is entered in connection with this Note, interest will continue to accrue after the date of judgment at the rate in effect at the time judgment is entered. However, in no event will the interest rate exceed the maximum interest rate limitations under applicable law. DEFAULT. I will be in default under this Note if any of the following happen: Payment Default. I fail to make any payment when due under this Note. Break Other Promises. I break any promise made to Lender or fail to perform promptly at the time and strictly in the manner provided in this Note or in any agreement related to this Note, or in any other agreement or loan I have with Lender. Default in Favor of Third Parties. I or any Grantor defaults under any loan, extension of credit, security agreement, purchase or sales agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of my property or my ability to repay this Note or perform my obligations under this Note or any of the related documents. False Statements. Any representation or statement made or furnished to Lender by me or on my behalf under this Note or the related documents is false or misleading in any material respect, either now or at the time made or furnished. Death or Insolvency. _ Any Borrower dies or becomes insolvent; a receiver is appointed for any part of my property; I make an assignment for the benefit of creditors; or any proceeding is commenced either by me or against me under any bankruptcy or insolvency laws. Taking of the Property. Any creditor or governmental agency tries to take any of the property or any other of my property in which Lender has a lien. This includes taking of, garnishing of or levying on my accounts with Lender. However, if I dispute in good faith whether the claim on which the taking of the property is based is valid or reasonable, and if I give Lender written notice of the claim and furnish Lender PROMISSORY NOTE Loan No: 400218933 (Continued) Page 2 with monies or a surety bond satisfactory to Lender to satisfy the claim, then this default provision will not apply. Defective CoI lateral ization. This Note or any of the related documents ceases to be in full force and effect (including failure of any collateral document to create a valid and perfected security interest or lien) at any time and for any reason. Collateral Damage or Loss. Any collateral securing this Note is lost, stolen, substantially damaged or destroyed and the loss, theft, substantial damage or destruction is not covered by insurance. Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party of any of the indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any guaranty of the indebtedness evidenced by this Note. Insecurity. Lender in good faith believes itself insecure. Cure Provisions. If any default, other than a default in payment is curable and if I have not been given a notice of a breach of the same provision of this Note within the preceding twelve (12) months, it may be cured if I, after Lender sends written notice tome demanding cure of such default: (1) cure the default within fifteen (15) days; or (2) if the cure requires more than fifteen (15) days, immediately initiate steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continue and complete all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. LENDER'S RIGHTS. Upon default, Lender may, after giving such notices as required by applicable law, declare the entire unpaid principal balance under this Note and all accrued unpaid interest immediately due, and then I will pay that amount. ATTORNEYS' FEES; EXPENSES. Lender may hire or pay someone else to help collect this Note if I do not pay. I will pay Lender that amount. This includes, subject to any limits under applicable law, Lender's reasonable attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit, including reasonable attorneys' fees, expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), and appeals. If not prohibited by applicable law, I also will pay any court costs, in addition to all other sums provided by law. JURY WAIVER. Lender and I hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by either Lender or me against the other. GOVERNING LAW. This Note will be governed by federal law applicable to Lender and, to the extent not preempted by federal law, the laws of the Commonwealth of Pennsylvania without regard to Its conflicts of law provisions. This Note has been accepted by Lender in the Commonwealth of Pennsylvania. CHOICE OF VENUE. If there is a lawsuit, I agree upon Lender's request to submit to the jurisdiction of the courts of Dauphin County, Commonwealth of Pennsylvania. RIGHT OF SETOFF. To the extent permitted by applicable law, Lender reserves aright of setoff in all my accounts with Lender (whether checking, savings, or some other account). This includes all accounts I hold jointly with someone else and all accounts I may open in the future. However, this does not include any IRA or Keogh accounts, or any trust accounts for which setoff would be prohibited by law. I authorize Lender, to the extent permitted by applicable law, to charge or setoff all sums owing on the indebtedness against any and all such accounts. COLLATERAL. I acknowledge this Note is secured by the following collateral described in the security instrument listed herein: a Mortgage dated July 7, 2011, to Lender on real property located in Cumberland County, Commonwealth of Pennsylvania. PROPERTY INSURANCE. I understand that I am required to obtain insurance for the collateral securing this Note. Further information concerning this requirement is set forth in the Mortgage and in the Agreement to Provide Insurance, all the terms and conditions of which are hereby incorporated and made a part of this Note. ERROR & OMISSION AGREEMENT. The Undersigned Borrower(s) for and in consideration of the above referenced loan agrees, is requested by Lender or Closing Agent for Lender, to fully cooperate and adjust for clerical errors, on any or all loan closing documentation if deemed necessary or desirable in the reasonable discretion of Lender or Closing Agent for Lender. The Borrower(s) agree to promptly execute any corrected documents at Lender Address. The Undersigned Borrower(s) does hereby so agree and covenant in order to assure that the loan documentation executed this date will conform and be acceptable by Lender or its interest in and to the loan documentation. The Undersigned Borrower(s) failure to comply with a request under this Agreement by Lender or Closing Agent for Lender may, at the option of Lender, constitute a DEFAULT by Borrower(s) under the loan documents enforceable against Borrower(s) and which is in addition to any other remedies available at law or in equity to Lender. SUCCESSOR INTERESTS. The terms of this Note shall be binding upon me, and upon my heirs, personal representatives, successors and assigns, and shall inure to the benefit of Lender and its successors and assigns. NOTIFY US OF INACCURATE INFORMATION WE REPORT TO CONSUMER REPORTING AGENCIES. I may notify Lender if Lender reports any inaccurate information about my account(s) to a consumer reporting agency. My written notice describing the specific inaccuracy(ies) should be sent to Lender at the following address: Metro Bank PO Box 4999 Harrisburg, PA 17111 -9933. GENERAL PROVISIONS. if any part of this Note cannot be enforced, this fact will not affect the rest of the Note. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them. I and any other person who signs, guarantees or endorses this Note, to the extent allowed by law, waive presentment, demand for payment, and notice of dishonor. Upon any change in the terms of this Note, and unless otherwise expressly stated in writing, no party who signs this Note, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew or extend (repeatedly and for any length of time) this loan or release any party or guarantor or collateral; or impair, fail to realize upon or perfect Lender's security interest in the collateral. All such parties also agree that Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modification is made. The obligations under this Note are joint and several. This means that the words "I ", "me ", and "my" mean each and all of the persons signing below. PROMISSORY NOTE Loan No: 400218933 (Continued) Page 3 PRIOR TO SIGNING THIS NOTE, 1 READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. I AGREE TO THE TERMS OF THE NOTE. 1 ACKNOWLEDGE RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE. THIS NOTE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS NOTE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. BORROWER: X((Seal) John Michael Bunney LASER PRO Lending, Ver 5.50.00.005 Copy. Harland Flmndel Sdudena, Int 1997. 2011. All Rights Reserved • PA SACMPLID2O.FC TR34306 PR-224 CHANGE IN TERMS AGREEMENT Principal Loan Date Maturity I Loan No call i Coll Account Officer initials $55,212.38 0707.2011 01 -07 -2013 1 400218933 1030 References in the boxes above are for Lender's use only and do not limit the applicability of this document to any particular loan or item. Any item above containing ` has been emitted due to text len th limitations. Borrower: John Michael Bunney Lender: Metro Batik 5038 Pellingham Circle Lititz Pike Eriola, PA 17025 1416 Lititz Pike Lancaster, PA 17601 (717) 505 -1100 Principal Amount; $95,212.38 initial Rate: 8.500% Date of Agreement: October 11, 2012 Maturity Date: January 7, 2013 DESCRIPTION OF EXISTING INDEBTEDNESS. Refer to the Promissory Note dated July 7, 2011. DESCRIPTION OF COLLATERAL, Refer to the Security Documents dated July 7, 2011. DESCRIPTION OF CHANGE IN TERMS. The maturity data for the above referenced loan shall be extended from July 7, 2012 to January 7, 2013. Ths Change In Terms Agreement is deemed effective as of July 7, 2012. CONTINUING VALIDITY. Except as expressly changed by this Agreement, the lerrns of the original obligation or obligations, including all aorooments evidenced or securing the obllgation(s), remain unrhangad and in full force and effect. Consent by Lender to this Agree nent does not waive Landers right to strict performance of the obilgalion(s) as changed, nor obligate Lender to make any future change in terms. Nothing in this Agreement will constitute a satisfaction of the obllgation(s). It is the intention of Lender to retain as liable parties all makers and endorsers of the original obligation(s), including accommodation panles, unless a party is expressly released by Lender in writing. Any maker or endorser, including accommodation makers, will not be released by virtue of this Agreement. If any person who s fined the original obUgation does not sign this Agreement below, then all persons signing below acknowledge that this Agreement Is given conditionally, based on the representation to Lender that the non - signing party consents to the changes and provisions of this Agreement or otherwise will not be released by it, This waiver applies not only to any initial extension, modification or release, but also to all such subsequent actions. ELECTRONIC SUBMISSION OF THIS CHANGE IN TERMS AGREEMENT, Delivery of an executed counterpart of this Agreement by faeshnile or other method of electronic transmission shall have the same force and affect as delivery of an original executed counterpart of this Agreement. Furthermore, an executed copy of this Agreement shall be binding on tho parties hereto and enforceable to the sants extent as an original. THIS AGREEMENT IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS AGREEMENT IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OP A SEALED INSTRUMENT ACCORDING TO LAW, PRIOR TO SIGNING THIS AGREEMENT, I READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT. 1 AGREE TO THE TERMS OF THE AGREEMENT, BORROWER: X - ✓ g "1Sosl} John Mlchae I Bunney :+&:'n .! » :urva.,. •ra. :'!tr n. :s •.nav ..,rvan•.n.cn. n. .r :f!: Aw niv::a flv.v,ua�ts c<.'a,': S::M: •G ,a ,cth ,..I „a __ .- _..._... -. or s �,r ✓ J t Parcel mberification 0003NT 10 -05 -0439 -075 RECORDATION REQUESTED BY: Metro Bank Lititz Pike 1416 Lititz Pike Lancaster, PA 17601 WHEN RECORDED MAIL TO: Metro Bank PO Box 4999 Harrisburg, PA 17111 -9933 SEND TAX NOTICES TO: John Michael Bunney Sara Angela Bunney 350 Poplar Church Road Camp Hill PA 17011 FOR RECORDER'S USE ONLY MORTGAGE THIS IS A PURCHASE MONEY MORTGAGE Amount Secured Hereby: $54,800.00 THIS MORTGAGE dated July 7, 2011, is made and executed between John Michael Bunney and Sara Angela Bunney, whose address is 350 Poplar Church Road, Camp Hill, PA 17011 (referred to below as "Grantor ") and Metro Bank, whose address is 1416 Lititz Pike, Lancaster, PA 17601 (referred to below as "Lender "). GRANT OF MORTGAGE. For valuable consideration, Grantor grants, bargains, sells, conveys, assigns, transfers, releases, confirms and mortgages to Lender all of Grantor's right, title, and interest in and to the following described real property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all streets, lanes, alleys, passages, and ways; all easements, rights of way, all liberties, privileges, tenements, hereditaments, and appurtenances thereunto belonging or anywise made appurtenant hereafter, and the reversions and remainders with respect thereto; all water, water rights, watercourses and ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real roperty, including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real roperty ) located in Cumberland alt County, Commonweh of Pennsylvania: See Exhibit "A ", which is attached to this Mortgage and made a part of this Mortgage as if fully set forth herein. The Real Property or its address is commonly known as 5038 Pellingham Circle, Enola, PA 17025. The Real•Property parcel identification number is 10 -05- 0439 -075. THIS MORTGAGE, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THIS MORTGAGE. THIS MORTGAGE IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PURCHASE MONEY MORTGAGE. If any of the debt secured by this Mortgage is lent to Borrower to acquire title to the Real Property, this Mortgage shall be a purchase money mortgage under 42 P.S. Section 8141. PAYMENT AND PERFORMANCE. Except as otherwise provided in this Mortgage, Borrower shall pay to Lender all Indebtedness secured by this Mortgage as it becomes due, and Borrower and Grantor shall strictly perform all Borrower's and Grantor's obligations under this Mortgage. POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Grantor agree that Borrower's and Grantor's possession and use of the Property shall be governed by the following provisions: Possession and Use. Until the occurrence of an Event of Default, Grantor may (1) remain in possession and MORTGAGE Loan No: 400218933 (Continued) Page 2 control of the Property; (2) use, operate or manage the Property; and (3) collect the Rents from the Property. Duty to Maintain. Grantor shall maintain the Property in good condition and promptly perform all repairs, replacements, and maintenance necessary to preserve its value. Hazardous Substances. Grantor represents and warrants that the Property never has been, and never will be so long as this Mortgage remains a lien on the Property, used for the generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance in violation of any Environmental Laws. Grantor authorizes Lender and its agents to enter upon the Property to make such inspections and tests as Lender may deem appropriate to determine compliance of the Property with this section of the Mortgage. Grantor hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event Grantor becomes liable for cleanup or other costs under any such laws, and (2) agrees to indemnify, defend, and hold harmless Lender against any and all claims and losses resulting from a breach of this paragraph of the Mortgage. This obligation to indemnify and defend shall survive the payment of the Indebtedness and the satisfaction of this Mortgage. DUE ON SALE - CONSENT BY LENDER. Lender may, at Lender's option, declare immediately due and payable all sums secured by this Mortgage upon the sale or transfer, without Lender's prior written consent, of all or any part of the Real Property, or any interest in the Real Property. A "sale or transfer" means the conveyance of Real Property or any right, title or interest in the Real Property; whether legal, beneficial or equitable; whether voluntary or involuntary; whether by outright sale, deed, installment sale contract, land contract, contract for deed, leasehold interest with a term greater than three (3) years, lease- option contract, or by sale, assignment, or transfer of any beneficial interest in or to any land trust holding title to the Real Property, or by any other method of conveyance of an interest in the Real Property. However, this option shall not be exercised by Lender if such exercise is prohibited by federal law or by Pennsylvania law. TAXES AND LIENS: The following provisions relating to the taxes and liens on the Property are part of this Mortgage: Payment. Grantor shall pay when due (and in all events prior to delinquency) all taxes, payroll taxes, special taxes, assessments, water charges and sewer service charges levied against or on account of the Property, and shall pay when due all claims for work done on or for services rendered or material furnished to the Property. Grantor shall maintain the Property free of any liens having priority over or equal to the interest of Lender under this Mortgage, except for the Existing Indebtedness referred to in this Mortgage or those liens specifically agreed to in writing by Lender, and except for the lien of taxes and assessments not due and except as otherwise provided in this Mortgage. PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Mortgage: Maintenance of Insurance. Grantor shall procure and maintain policies of fire insurance with standard extended coverage endorsements on a replacement basis for the full insurable value covering all Improvements on the Real Property in an amount sufficient to avoid application of any coinsurance clause, and with a standard mortgagee clause in favor of Lender. Policies shall be written by such insurance companies and in such form as may be reasonably acceptable to Lender. Grantor shall deliver to Lender certificates of coverage from each insurer containing a stipulation that coverage will not be cancelled or diminished without a minimum of ten (10) days' prior written notice to Lender and not containing any disclaimer of the insurer's liability for failure to give such notice. Each insurance policy also shall include an endorsement providing that coverage in favor of Lender will not be impaired in any way by any act, omission or default of Grantor or any other person. Should the Real Property be located in an area designated by the Director of the Federal Emergency Management Agency as a special flood hazard area, Grantor agrees to obtain and maintain Federal Flood Insurance, if available, within 45 days after notice is given by Lender that the Property is located in a special flood hazard area, for the full unpaid principal balance of the loan and any prior liens on the property securing the loan, up to the maximum policy limits set under the National Flood Insurance Program, or as otherwise required by Lender, and to maintain such insurance for the term of the loan. Tax and Insurance Reserves. Upon request by Lender and subject to applicable law, Grantor shall pay to Lender each month, or at such other interval as payments under the Note may be due, on the day payments are due under the Note, a sum ( "Escrow Funds ") equal to one - twelfth, or equivalent fraction if payments are not due monthly, of (a) all annual taxes, special taxes, assessments, water charges and sewer service charges levied against or on account of the Property and (b) annual premiums for policies of fire insurance with all risks standard extended coverage required under this Mortgage ( "Escrow Items"). Lender may estimate the amount of Escrow Funds on the basis of current data and a reasonable estimate of future Escrow Items. All Escrow Funds shall be held by Lender and applied to pay the Escrow Items when due. Lender will not charge for holding and applying the Escrow Funds, analyzing the account, or verifying the Escrow Items, unless Lender pays Grantor interest on the Escrow Funds and applicable law permits Lender to make such a charge. Grantor and Lender may agree in writing that interest shall be paid on the Escrow Funds. Unless an agreement is made or applicable law requires interest to be paid, Lender shall not be required to pay Grantor any interest or earnings on the Escrow Funds. The Escrow Funds • 1 . MORTGAGE Loan No: 400218933 (Continued) Page 3 are pledged as additional security for the amounts secured by this Mortgage. As long as payments are current under the Note, if the amount of the Escrow Funds held by Lender, together with the future monthly or other periodic payments of Escrow Funds prior to the due dates of the Escrow Items, shall exceed the amount required to pay the Escrow Items when due, the excess shall be, at Grantor option, either promptly repaid to Grantor or credited to Grantor in scheduled payments of Escrow Funds. However, if a payment under the Note has not been made within 30 days of a payment due date, Grantor may retain any such surplus. if the amount of the Escrow Funds held by Lender is not sufficient to pay the Escrow Items when due, Grantor shall pay to Lender any amount necessary to make up the deficiency in one or more payments as required by Lender. Lender's Expenditures. If Grantor fails (1) to keep the Property free of all taxes, liens, security interests, encumbrances, and other claims, (2) to provide any required insurance on the Property, (3) to make repairs to the Property or to comply with any obligation to maintain Existing Indebtedness in good standing as required below, then Lender may do so. If any action or proceeding is commenced that would materially affect Lender's interests in the Property, then Lender on Grantor's behalf may, but is not required to, take any action that Lender believes to be appropriate to protect Lender's interests. All expenses incurred or paid by Lender for such purposes will then bear interest at the rate charged under the Note from the date incurred or paid by Lender to the date of repayment by Grantor. All such expenses will become a part of the Indebtedness and, at Lender's option, will (1) be payable on demand; (2) be added to the balance of the Note and be apportioned among and be payable with any installment payments to become due during either (a) the term of any applicable insurance policy; or (b) the remaining term of the Note; or (3) be treated as a balloon payment which will be due and payable at the Note's maturity. Grantor's obligation to Lender for all such expenses shall survive the entry of any mortgage foreclosure judgment. Warranty; Defense of Title. The following provisions relating to ownership of the Property are a part of this Mortgage: Title. Grantor warrants that: (a) Grantor holds good and marketable title of record to the Property in fee simple, free and clear of all liens and encumbrances other than those set forth in the Real Property description or in the Existing Indebtedness section below or in any title insurance policy, title report, or final title opinion issued in favor of, and accepted by, Lender in connection with this Mortgage, and (b) Grantor has the full right, power, and authority to execute and deliver this Mortgage to Lender. Defense of Title. Subject to the exception in the paragraph above, Grantor warrants and will forever defend the title to the Property against the lawful claims of all persons. Existing Indebtedness. The following provisions concerning Existing Indebtedness are a part of this Mortgage: Existing Lien. The lien of this Mortgage securing the Indebtedness may be secondary and inferior to the lien securing payment of an existing obligation. The existing obligation has a current principal balance of approximately $672,000.00. Grantor expressly covenants and agrees to pay, or see to the payment of, the Existing Indebtedness and to prevent any default on such indebtedness, any default under the instruments evidencing such indebtedness, or any default under any security documents for such indebtedness. Full Performance. If Borrower and Grantor pay all the Indebtedness when due, and Grantor otherwise performs all the obligations imposed upon Grantor under this Mortgage, Lender shall execute and deliver to Grantor a suitable satisfaction of this Mortgage and suitable statements of termination of any financing statement on file evidencing Lender's security interest in the Rents and the Personal Property. Grantor will pay, if permitted by applicable law, any reasonable termination fee as determined by Lender from time to time. Events of Default. At Lender's option, Grantor will be in default under this Mortgage if any of the following happen: Payment Default. Borrower fails to make any payment when due under the Indebtedness. Default on Other Payments. Failure of Grantor within the time required by this Mortgage to make any payment for taxes or insurance, or any other payment necessary to prevent filing of or to effect discharge of any lien. Break Other Promises. Borrower or Grantor breaks any promise made to Lender or fails to perform promptly at the time and strictly in the manner provided in this Mortgage or in any agreement related to this Mortgage. Default in Favor of Third Parties. Should Borrower or any Grantor default under any loan, extension of credit, security agreement, purchase or sales agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of Borrower's or any Grantor's property or Borrower's ability to repay the Indebtedness or Borrower's or Grantor's ability to perform their respective obligations under this Mortgage or any related document. Death or Insolvency. The death of Borrower or Grantor, the insolvency of Borrower or Grantor, the appointment of a receiver for any part of Borrower's or Grantor's property, any assignment for the benefit of MORTGAGE Loan No: 400218933 (Continued) Page 4 creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Borrower or Grantor. Existing Indebtedness. The payment of any installment of principal or any interest on the Existing Indebtedness is not made within the time required by the promissory note evidencing such indebtedness, or a default occurs under the instrument securing such indebtedness and is not cured during any applicable grace period in such instrument, or any suit or other action is commenced to foreclose any existing lien on the Property. Breach of Other Agreement. Any breach by Borrower or Grantor under the terms of any other agreement between Borrower or Grantor and Lender that is not remedied within any grace period provided therein, including without limitation any agreement concerning any indebtedness or other obligation of Borrower or Grantor to Lender, whether existing now or later. Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party of any of the Indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness. Insecurity. Lender in good faith believes itself insecure. Right to Cure. If any default, other than a default in payment is curable and if Grantor has not been given a notice of a breach of the same provision of this Mortgage within the preceding twelve (12) months, it may be cured if Grantor, after Lender sends written notice to Borrower demanding cure of such default: (a) cures the default within fifteen (15) days; or (b) if the cure requires more than fifteen (15) days, immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. Rights and Remedies on Default. Upon the occurrence of an Event of Default and at any time thereafter, Lender, at Lender's option, may exercise any one or more of the following rights and remedies, in addition to any other rights or remedies provided by law: Accelerate Indebtedness. Lender shall have the right at its option, after giving such notices as required by applicable law, to declare the entire Indebtedness immediately due and payable. UCC Remedies. With respect to all or any part of the Personal Property, Lender shall have all the rights and remedies of a secured party under the Uniform Commercial Code. Judicial Foreclosure. Lender may obtain a judicial decree foreclosing Grantor's interest in all or any part of the Property. Nonjudicial Sale. If permitted by applicable law, Lender may foreclose Grantor's interest in all or in any part of the Personal Property or the Real Property by non - judicial sale. Other Remedies. Lender shall have all other rights and remedies provided in this Mortgage or the Note or available at law or in equity. Sale of the Property. To the extent permitted by applicable law, Borrower and Grantor hereby waive any and all right to have the Property marshalled. In exercising its rights and remedies, Lender shall be free to sell all or any part of the Property together or separately, in one sale or by separate sales. Lender shall be entitled to bid at any public sale on all or any portion of the Property. Election of Remedies. All of Lender's rights and remedies will be cumulative and may be exercised alone or together. An election by Lender to choose any one remedy will not bar Lender from using any other remedy. If Lender decides to spend money or to perform any of Grantor's obligations under this Mortgage, after Grantor's failure to do so, that decision by Lender will not affect Lender's right to declare Grantor in default and to exercise Lender's remedies. Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Mortgage, Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and upon any appeal. Whether or not any court action is involved, and to the extent not prohibited by law, all reasonable expenses Lender incurs that in Lender's opinion are necessary at any time for the protection of its interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph include, without limitation, however subject to any limits under applicable law, Lender's reasonable attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit, including reasonable attorneys' fees and expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post - judgment collection services, the cost of searching records, obtaining title reports (including foreclosure reports), surveyors' reports, and appraisal fees MORTGAGE Loan No: 400213933 (Continued) Page 5 and title insurance, to the extent permitted by applicable law. Grantor also will pay any court costs, in addition to all other sums provided by law. Miscellaneous Provisions. The following miscellaneous provisions are a part of this Mortgage: Governing Law. This Mortgage will be governed by federal law applicable to Lender and, to the extent not preempted by federal law, the laws of the Commonwealth of Pennsylvania without regard to its conflicts of law provisions. This Mortgage has been accepted by Lender in the Commonwealth of Pennsylvania. Choice of Venue. If there is a lawsuit, Grantor agrees upon Lender's request to submit to the jurisdiction of the courts of Dauphin County, Commonwealth of Pennsylvania. Time is of the Essence. Time is of the essence in the performance of this Mortgage. Waive Jury. All parties to this Mortgage hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by any party against any other party. Definitions. The following words shall have the following meanings when used in this Mortgage: Borrower. The word "Borrower" means John Michael Bunney and includes all co- signers and co- makers signing the Note and all their successors and assigns. Environmental Laws. The words "Environmental Laws" mean any and all state, federal and local statutes, regulations and ordinances relating to the protection of human health or the environment, including without limitation the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, et seq. ( "CERCLA "), the Superfund Amendments and Reauthorization Act of 1986, Pub. L. No. 99 -499 ( "SARA "), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq., or other applicable state or federal laws, rules, or regulations adopted pursuant thereto. Event of Default. The words "Event of Default" mean any of the events of default set forth in this Mortgage in the events of default section of this Mortgage. Existing Indebtedness. The words "Existing Indebtedness" mean the indebtedness described in the Existing Liens provision of this Mortgage. Grantor. The word "Grantor" means John Michael Bunney and Sara Angela Bunney. Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation party to Lender, including without limitation a guaranty of all or part of the Note. Indebtedness. The word "Indebtedness" means all principal, interest, and other amounts, costs and expenses payable under the Note or Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and substitutions for the Note or Related Documents and any amounts expended or advanced by Lender to discharge Grantor's obligations or expenses incurred by Lender to enforce Grantor's obligations under this Mortgage, together with interest on such amounts as provided in this Mortgage. Lender. The word "Lender" means Metro Bank, its successors and assigns. The words "successors or assigns" mean any person or company that acquires any interest in the Note. Mortgage. The word "Mortgage" means this Mortgage between Grantor and Lender. Note. The word "Note" means the promissory note dated July 7, 2011, in the original principal amount of $54,800.00 from Borrower to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for the promissory note or agreement. NOTICE TO GRANTOR: THE NOTE CONTAINS A VARIABLE INTEREST RATE. Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal property now or hereafter owned by Grantor, and now or hereafter attached or affixed to the Real Property; together with all accessions, parts, and additions to, all replacements of, and all substitutions for, any of such property; and together with all proceeds (including without limitation all insurance proceeds and refunds of premiums) from any sale or other disposition of the Property. Property. The word "Property" means collectively the Real Property and the Personal Property. Real Property. The words "Real Property" mean the real property, interests and rights, as further described in this Mortgage. Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness. MORTGAGE Loan No: 400216933 (Continued) Page 6 Rents. The word "Rents" means all present and future rents, revenues, income, issues, royalties, profits, and other benefits derived from the Property. EACH GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MORTGAGE, AND EACH GRANTOR AGREES TO ITS TERMS. THIS MORTGAGE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS MORTGAGE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. GRANTOR: X' Seal) John Michael Bunney X ( Seal) SaYa Angela Bunney CERTIFICATE OF RESIDENCE I hereby certify, that the precise address of the mortgagee, Metro Bank, herein is as follows: Lititz Pike, 1416 Lititz Pike, Lancaster, PA 17601 Attor ey gent for Mortgagee INDIVIDUAL ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA ) �'/ /� ) SS COUNTY OF ��,1 fIJD(,� iwA ) On this, the day of NIA\A .20 �_ , before me W �(;1� the undersigned Notary ublic, personally appeared John Michael Bunney and � > Sara g la Bunney, known to me (or satisfactorily proven) to be the person whose names are subscribed to the within instrument, and acknowledged that they executed the same for the purposes therein contained. In vMgftqf ? and official seal. NOtARiAL SEAPublic KELLY r P,1RD5P,LL, Not New Cumberland Bvo.,Cumberland Co• Notary Public in and for the State of M commission Expires Junes 2 013 LASER PRO Lending, Ver. 5.56.00.005 Copr. Harland Financial Solutions, Inc. 1997, 2011. All Rights Reserved. - PA S: \CFI \LPL \G03.FC TR -34306 PR -224 } LEGAL DESCRIPTION >' ALL THAT CERTALN_- e ilece or parcel of land situate in. the Towr.,nip of Hampden, County of Cumberland and Commonwealth of Pennsylvania, lying along Pellingham Circle and being approximately 650 feet northeast of the intersection of Good Hope Road and Pellingham Circle, bounded and described as follows, to wit: BEGINNLNG at the intersection of the westerly right -of -way line of Pellingham Circle (50 feet wide) with the line of division between Lot 42 and Lot 43; extending (1) thence South 62 ° 30'52" West, a distance of 200,00 feet; extending (2) thence North 41'13'44" West, a distance of 106.91 feet; extending (3) thence North 35 °01'40" East, a distance of 200.00 feet to the westerly right -of -way line of Pellingham Circle; extending (4) thence along said right -of -way line by a curve to the right having a radius of 425.00 feet, an are distance of 203.89 feet and a chord bearing and distance of South 41'13'44" East, 201.94 feet to the point of BEGINNING. CONTALNLNG 31,644 square feet or 0.726 acres. BELNG Lot No. 43 as shown on a plan entitled "Final Subdivision Plan for Phase II and III, Wentworth Estates" dated 5/20/04, last revised 8/17/04, Job Number 1001 -846, prepared by LSC Design, Inc., York, PA and recorded in the Cumberland County Office of the Recorder of Deeds in Plan Book 90 Page 17. UNDER AND SUBJECT to a Declaration of Restrictions, Covenants and Conditions for Wentworth Estates Planned Community dated June 3, 2003, and recorded on June. 9, 2003, in the Office of the Recorder of Deeds in and for Cumberland County, in Boole 698, Page 5993. UNDER AND SUBJECT to a Declaration Creating and Establishing Wentworth Estates Homeowners' Association, dated June 3, 2003, and recorded June 9, 2003, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Book 698, Page 636. BEING the same premises which Smith Land & Improvement Corporation, a corporation organized and existing under the laws of the State of Delaware, by Deed dated November 11, 2005, and recorded December 2, 2005, in the Office of the Recorder of Deeds in and for the County of Cumberland, Pennsylvania, in Book 272, Page 824, as Instrument No. 2005- 045201, granted and conveyed unto Chateau Custom Home Builders, Inc., a Pennsylvania corporation. ALSO BEING the same premises which Chateau Custo Home Builders, Inc., a Pennsylvania corporation by Deed dated , 2011, and about to be recorded In the Office of the Recorder of Deeds Wand for the County of Cumberland, Pennsylvania, granted and conveyed unto John Michael Bunney and Sara Angela Bunney, his wife, Mortgagors herein. ALTA Commitment Schedule A (continued) �i .. y ROBERT P. ZIEGLER RECORDER OF DEEDS: p. CUMBERLAND COUNTY 1 COURTHOUSE SQUARE _ �r CARLISLE, PA 17013 '717- 240 -6370 Instrument Number - 201119765 Recorded On 7/15/2011 At 1:57:26 PM * Total Pages - 8 *Instrument Type - MORTGAGE Invoice Number - 90043 User ID - RZ • Mortgagor - BUNNEY, JOHN MICHAEL • Mortgagee - METRO BANK • Customer - KEYSTONE LAND TRANSFER LTD * FEES STATE WRIT TAX $0.50 Certification Page STATE JCS /ACCESS TO $23.50 JUSTICE - DO NOT DETACH RECORDING FEES - $17.50 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 TOTAL PAID $68.00 I Certify this to be recorded in Cumberland County PA p CU 0 RECORDER O D ADS 1750 * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. 0003NT Ill 11 E ��� n oc') BANK ' -Iasi .burr '4, PA 17 u 11 rnyrnetrobzrik corn January 11, 2013 ACT 6/91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM ( HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of the Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1- 800 - 342 -2397. (Persons with impaired hearing can call 717) 780 -1869. This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. JOHN MICHAEL BUNNEY 5038 PELLINGHAM CIR ENOLA PA 17025 Property Address – 5038 PELLINGHAM CIR, ENOLA CUMBERLAND COUNTY Loan account number – 400218933 Original lender –Metro Bank Formerly known as Commerce Bank/Harrisburg Current Lender /Servicer – Metro Bank Formerly known as Commerce Bank/Harrisburg HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT "), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: •IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE —Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing). During that time you must arrange and attend a "face -to- face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY -THREE (33) DAYS OF THE DATE OF THIS NOTICE. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES —If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling_ agencies for the county in which Y the property is located are set forth at the end of this Notice. It is only necessary to schedule one face -to -face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE —Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to the PHFA and received within thirty (30) days of your face -to -face meeting with the counseling agency. YOU SHOULD FILE HEHAPAPPLICATION IF YOUHAVE A MEETING WITHA COUNSELINGAGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE ANAPPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORA TIL Y PREVENTED FROM STAR TING A FORECLOSURE A GAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE' YOU HA VE THE RIGHT TO FILE A HEMAP APPLICA TION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, B UT IF YOUR APPLICATION IS EVENTUALLYAPPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION — Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Briny it up to date). NATURE OF THE DEFAULT —The MORTGAGE debt held by the above lender on your property located at: 5038 PELLINGHAM CIR, ENOLA CUMBERLAND COUNTY IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 11/7/2012- $9.76, 12/7/2012- $291.26, 1/7/13- $54,966.68 and $35.25 in late fees TOTAL AMOUNT PAST DUE: $55,302.95, due as of 02/13/2013. B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION: ( not use if not applicable.) HOW TO CURE THE DEFAULT —You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $55,302.95 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash cashier's check certified check or money order made payable and sent to: Metro Bank 3801 Paxton Street P.O. Box 4999 Harrisburg, PA 17111 -0999 IF YOU DO NOT CURE THE DEFAULT —If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the morti!a1ze debt This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mort1laaed p roperty. IF THE MORTGAGE IS FORECLOSED UPON —The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES —The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE —If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, yqu still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by pang the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE —It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately six months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Metro Bank Address: 3801 Paxton Street, P.O. Box 4999 Harrisburg, PA 17111 -0999 Phone Number: 717 - 412 -6893 Fax Number: (717) 412 -6191 Contact Person: KELLY WILLIAMS- Consumer Collections Specialist EFFECT OF SHERIFF'S SALE —You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE =You _may or X may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES A L, ' ��http:/ 1:: +•+'% 1. phfa. orgjtoim : /reun<zling_agendr.;jhrn• isgerrlr :<tFkrn.�a_rurbea:r✓3.pdf j f�Lw•c5esr:h - IJ File Edit Go To Favorites He y Favorites I Vic, des4op.lyd Fisery Desktop for Signature ,', / /...phf..org /for... +_i r t - Page - Safety - Tools • - HEMAP Consumer Credit Counseling Agencies CUNIBERL IND Counter Report last updated: 01/09/2013 10:27 AM Advoutage Credit. Counseling Service /CCCS of Western PA Community Action. Commission of Capital Region 2000 Ling lestorvn Road 1514 Derry Street Harrisburg, PA 17102 I- Wrrisburg, PA .17104 8SS -511 -2227 717 -232 -9757 Housing Alliance of York/Y Housing Resources lfaranatha 290 West M.1A Street 43 Philadelphia Avenue York, Pk 17401 Rrapne.sboro, PA 17265 717- 855 -2752 717 -762 -3235 PathStoue Corporation PathStone Corporation 1625 North Front St 450 Cleaveland Ave. Harrisburg, PA 17102 Clrambersbure, PA 17201 717 -234 -6616 717 -264 -5913 PA Interfaith Community Programs Inc PHFA 40 E High Street 211 North Front Street Gettysburg, PA 17325 Harrisburg, PA 17110 717- 334 -1518 717 -780 -3940 800 -342 -2397 e 1 a.SO x l l .00 In _!j r-- I ► !Done 7 F F F 1 I 19 Unknown Zone A 1 JOHN MICHAEL BUNNEY 5038 PELLINGHAM CIR ENOLA PA 17025 3801 flax�oi 'Street . K. 1-+a,- ri- :;bur PA 11 t 11 rnyl i etco banik c otm February 1, 2013 ACT 6/91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM ( HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of the Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1- 800 - 342 -2397. (Persons with impaired hearing can call (717) 780 -1869. This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. SARA ANGELA BUNNEY 5038 PELLINGHAM CIR ENOLA PA 17025 Property Address – 5038 PELLINGHAM CIR, ENOLA, PA, CUMBERLAND COUNTY Loan account number –400218933 Original lender –Metro Bank Formerly known as Commerce Bank/Harrisburg Current Lender /Servicer – Metro Bank Formerly known as Commerce Bank/Harrisburg HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT "), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: •IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE —Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing). During that time you must arrange and attend a "face -to- face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY -THREE (33) DAYS OF THE DATE OF THIS NOTICE. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT ", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES —If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face -to -face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE —Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to the PHFA and received within thirty (30) days of your face -to -face meeting with the counseling agency. YOU SHOULD FILE HEMAPAPPLICATION SOONAS POSSIBLE IF YOUHAVE A MEETING WITHA COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE FILEANAPPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORATILYPREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE' YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. ALA TE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLYAPPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION — Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still, apply for Emergency Mortgage Assistance.) z 9 HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT —The MORTGAGE debt held by the above lender on your property located at: 5038 PELLINGHAM CIR, ENOLA, PA, CUMBERLAND COUNTY IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 11/07/ 2012 - $9.76,12/07/ 2012 - $291.26,1/07/2013 - $54,966.68 and $2,783.58 in late fees TOTAL AMOUNT PAST DUE: $58,051.28, due as of 03/06/2013. B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION: ( not use if not applicable.) HOW TO CURE THE DEFAULT —You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $58,051.28 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash cashier's check certified check or money order made payable and sent to: Metro Bank 3801 Paxton Street P.O. Box 4999 Harrisburg, PA 17111 -0999 IF YOU DO NOT CURE THE DEFAULT —If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortlzage debt This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged p roperty. IF THE MORTGAGE IS FORECLOSED UPON —The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES —The lender may also sue you personally for the unpaid m principal balance and all other sus due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE —If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale You may do so by paving the total amount then past due plus any late or other charges then due reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE —It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held -would be approximately six months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Metro Bank Address: 3801 Paxton Street, P.O. Box 4999 Harrisburg, PA 17111 -0999 Phone Number: 717 - 412 -6893 Fax Number: (717) 412 -6191 Contact Person: KELLY WILLIAMS- Consumer Collections Specialist EFFECT OF SHERIFF'S SALE —You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE —You _may or X may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES .'v hC,.p:,(f�:, ny. phfa. org? formstirunv'ling_agenciesjhemau agrriic�s;hemap c��rc6e�lsnd.pdf +' 11 1 S� l.i:a SesrrJ� j� File Edit Go To Favorites Help •i,7 Favorites desktop,ini co l - I �6Flsery Desktop For Signature I :�phttp://, w..phfa,org/for... X I I jj - �� CJ r. Q.1 - Page - Safety - Tools • � - R 'NIAP Consumer Credit Counseling Ag encies CUMBERLAND Count- Report last updated: 01!09 ^013 10:27 AM Advantage Credit. Couuseling Service /CCCS of Westeru PA Communit-i• Action. Commission of Capital Region 2000 Linglestotirtir Road 1.514 Derry Street Harrisburg, PA 17102 Harrisburg. PA 17104 S88 -511 -2227 717- 232 -9757 Housing Alliance of Yor'k/Y Housing Resources ]Iarnnatba 290 West Market Street 43 Philadelphia Avenue York, PA 17401 t[raynesboro, PA 17268 717- 855 -2752 717 -762 -3285 PathStone Corporation PathStoue Corporation 1625 North Front St 450 Cleveland Ave Harrisburg, PA 17102 Crambersburg, PA 17201 717 -234 -6616 717- 264 -5913 PA Interfaith Community Programs Inc PHFA 40 E Hi Street 211 North Front Street Gettysburg, PA 17325 Harrisburg, PA. 17110 717 - 334 -151S 717 - 780 -3940 800- 342 -2397 8.50 x 11.60 in J - - __ nnn n —. -- [--- I 1 F (— Ita i inkrm Wn 7nne r - I- SARA ANGELA BUNNEY 5038 PELLINGHAM CIR ENOLA PA 17025 9 -B 71 • SEC C OMPLE T E ON 6NDEU r� ems 1, 2, and 3. Also complete A. Signs+ '- stricted Delivery is desired. _ El ent ° ame and address on the reverse Addressee :an return the card to you. B. Received by (Printed Name) C. Date of Delivery j card to the back of the mailpiece, `p Dnt if space permits. 10 Postage $ D. Is delivery address different from item 1? ❑ Yes Ln ssed to: Certified Fee If YES, enter delivery address below: E3 No � ) '-'/" -° -� Q Return Receiot Fee i p (Endorsement Requi ed) I �'}. ! Here Restdcted Celivery Fee _ (Endorsement P.equired} 3. Service Type a Total Postage & Fees /�7j� 1 Certified Mail ❑Express Mail Sent fo Registered ❑ Return Receipt for Merchandise �j�f `Vt' L C Insured Mail El C.O.D. `� Sireer, pi Fr - e - - ml " _ C 3 or PC Box vo. __.. 4: Restricted Delivery? (Extra Fee) 13 Yes , - ' _ .� City, Slate. Z;P +c jF f er t service label) 701,0 11670 0000 5826 4405. _ _ _ __ - = + + • - 1, February 2004 Domestic Return Receipt 102595 -02 -M -1540 I e 'SEN DER. co M MIS SECTION COMPLETE THIS SECTION ON w " I ', g ■ Complete items 1, 2, and 3. Also complete A. Signature item 4 if Restricted Delivery is desired- 'E Agent your our name and address on the reverse ZrAddress. ` so that we can return the card to ou. Y R. Received by (Panted Name C. Data of Delive l 11 Attach this card to the back of the mailpiece, 4r�_� 2 ` or on the front if space permits. Postage $ " �v Is delivery address different from item 1? C Yes g � � � }t 1. Article Addressed to: If YES, enter delivery address below: C No zrttiled Fee } ...p °a A�xw t Required) Fee pt W ��4 here i__ t Required) elivery Fee I y � t Re ge & Fees j � / // IS 3. Service Type cC L ::� Certified Mail Q Express Mail ❑ Registered ❑ Return Receipt for Merchandi C Insured Mail ❑ C.O.D. / " t I // A _ 4, Restricted Delivery? (Extra Fee) ❑ Yes .C:_� /.. -L / 1' 2. Article Number 7010 It 6 7 �0 0000 5 8 2 6 4122 A `' S i (transfer from service label) PS Form 3811, February 2004 Domestic Return Receipt 102595- 02 -M -1 � * x� ' FORM c� Metro Bank |m THE COURT Op COMMON PLEAS Op � CUMBERLAND COUNTY PENNSYLVANIA rrcp �c rn-- Plaintiff(s) VS. John M.Bunney and Sara /\.[}UODSy Defendant(s) O"| CO NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cau.e you »o lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in a court-supervised conciliation conference in an effort to resolve this matter with your lender. If you dm not have o lawyer you must tobo the following steps to be eligible for m conciliat conference. First, within twenty (20) day of your rece o, this notice you must contact xxiare"nLeg Services at (717)243-9400 extension 2510 or (800) 822-5288 extension 2510 and request appointment of a legal representative, at no charge to you. Once you have been appointed a |env\ representative, you must promptly meet with the legal representative within twenty (zo) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information m that v loan resolution pmno,v| can be prepared on your behalf. If you and your legal representative complete vfinancia| worksheet in the format attached hereto, the |emo| representative will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you nf the foreclosure complaint. 'IF you do,u and a conciliation conference u scheduled, you will have an opportunity to meet with v representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds h,mmnd If you are represented by m lawyer, you and your lawyer must take the follow ehopm to be eligible for a conciliation conference. It is not necessary for you to contact xxiclrenn Legal Service for the appointment o,a legal representative. *u~e,e, you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared vn your behalf. |f you and your lawyer complete a financial worksheet m the format attached hereto, your lawyer will prepare and file o Request for Conciliation Conference with the Court, which must befiled with the Court within gmv (oo} days of the service upon you of the o,,ec|om,e complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative uf your lender inan attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully submitted: May ����� � n�n��� u� / , ��� n ^� ' Date Sig"avHFen, Counsel for Plaintiff FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your Please provide the following information to the best of your knowledge: CUST OMERIPRIMARY APPLICATIO Borrower name (s): Property Address: City: State: Zip: Is the property for sale? Yes ❑ No ❑ Listing date: Price: $ Realtor Name: Realtor Phone: Borrower Occupied: Yes ❑ No ❑ Mailing Address (if different) City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? C O BORRO Mailing Address: City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? FINANCIAL INF ORMATIO N First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: $ Included Taxes and Insurance: Date of Last Payment: Primary Reason for Default: Is the loan in Bankruptcy? Yes ❑ No ❑ If yes, provide names, location of court, case number & attorney: Asset Amount Owed: Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile #1 : Model: Year: Amount owed: Value: Automobile #2 : Model: Year: Amount owed: Value: Other transportation (automobiles, boats, motorcycles): Model: Year: Amount owed: Value: Monthly Income Name of Employers: 1. Monthly Gross Monthly Net 2. Monthly Gross Monthly Net 3. Monthly Gross Monthly Net Additional Income Description (not wages): 1. Monthly Amount: 2, Monthly Amount: Borrower Pay Days: Co- Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently pavingl EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2" Mortgage Utilities Car Payment(s) Condo /Neigh. Fees Auto Insurance Med. (not covered) Auto fuel /repairs Other Prop. Payment Install. Loan Payment Cable TV Child Support /Alim. Spending Money Day /Child Care /Tuft. L Other Expenses Amount Available for Monthly Mortgage Payments Based on Income and Expenses: Have you been working with a Housing Counseling Agency? Yes ❑ No ❑ If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax: Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ❑ No ❑ If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Please provide the following information, if know, regarding your lender or lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: AUTH , authorize the above named to use /refer this information to my lender / servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I /we understand that I /we am /are under no obligation to use the services provided by the above named Borrower Signature Date Borrower Signature Date Please forward this document along with the following information to lender and lender counsel: V Proof on income V Past 2 bank statements V Proof of any expected income for the last 45 days V Copy of a current utility bill V Letter explaining reason for delinquency and any supporting documentation V (hardship letter) Listing agreement (if property is currently on the market) V Copy of 2 years of federal income tax returns V Copy of deed FORM 3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) VS. Defendants) Civil REQUEST FOR CONCILIATION CONFERENCE Pursuant to the Administrative Order dated 2012 governing the Cumberland County Residential Mortgage Foreclosure Diversion Program, the undersigned hereby certifies as follows: 1. Defendant is the owner of the real property which is the subject of this mortgage foreclosure action; 2. Defendant lives in the subject real property, which is defendant's primary residence; 3. Defendant has been served with a "Notice of Residential Mortgage Foreclosure Diversion Program: and has taken all of the steps required in that Notice to be eligible to participate in a court - supervised conciliation conference. The undersigned verifies that the statements made herein are true and correct. I understand that statements are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Signature of Defendant's Counsel /Appointed Date Legal Representative Signature of Defendant Date Signature of Defendant Date FORM 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) vs. Defendants) Civil CASE MANAGEMENT ORDER AND NOW, this day of , 20 , the defendant /borrower in the above - captioned residential mortgage foreclosure action having filed a Request for Conciliation Conference verifying that the defendant /borrower has complied with the Administrative Rule requirements for the scheduling of a Conciliation Conference, it is hereby ORDERED AND DECREED that: 1. The parties and their counsel are directed to participate in a court - supervised conciliation Conference on at M. in at the Cumberland County Courthouse, Carlisle, Pennsylvania. 2. At least twenty -one (21) days prior to the date of the Conciliation Conference, the defendant /borrower must serve upon the Plaintiff /lender and its counsel a copy of the "Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet" (Form 2) which has been completed by the defendant /borrower. Upon agreement of the parties in writing or at the discretion of the Court, the Conciliation Conference ordered may be rescheduled to a later date and /or the date upon which service of the completed Form 2 is to be made may be extended. Upon notice to the Court of the defendant /borrower's failure to serve the completed Form 2 with the time frame set forth herein or such other date as agreed upon by the parties in writing or ordered by the Court, the case shall be removed from the Conciliation Conference schedule and the temporary stay of proceedings shall be terminated. 3. The defendant /borrower and counsel for the parties must attend the Conciliation Conference in person and an authorized representative of the plaintiff /lender must either attend the Conciliation Conference in person or be available by telephone during the course of the Conciliation Conference. The representative of the plaintiff /lender who participates in the Conciliation Conference must possess the actual authority to reach a mutually acceptable resolution, and counsel for the plaintiff /lender must discuss resolution proposals with the authorized representative in advance of the Conciliation Conference. If the duly authorized representative of the plaintiff /lender is not available by telephone during the Conciliation Conference, the court will schedule another Conciliation Conference and require the personal attendance of the authorized representative of the plaintiff /lender at the rescheduled Conciliation Conference 4. At the Conciliation Conference, the parties and their counsel shall be prepared to discuss and explore all available resolution options which shall include: bringing the mortgage current through a reinstatement; paying off the mortgage; proposing a forbearance agreement or repayment plan to bring the account current over time; agreeing to tender a monetary payment and to vacate in the near future in exchange for not contesting the matter; offering the lender a deed in lieu of foreclosure; entering into a loan modification or a reverse mortgage; paying the mortgage default over sixty months; and the institution of bankruptcy proceedings. 5. All proceedings in this matter are stayed pending the completion of the scheduled conciliation conference. BY THE COURT, J. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ="L( _. A,:. . Sheriff i.:,r { f I t� R {H �,j 0 ; Jody S Smith rk Chief Deputy 2013 JUN _7 A1110: 00 r Richard W Stewart >- ' CLIMBERLA D COUNTY Solicitor QiMCEnF HESRER(PF PENNSYLVANIA 3 Metro Bank vs. Case Number John Michael Bunney(et al.) 2012-2924 SHERIFF'S RETURN OF SERVICE 05/29/2013 11:00 AM - Deputy Ryan Burgett, being duly sworn according to law, served the requested Complaint& Notice by"personally"handing a true copy to a person representing themselves to be the Defendant, to wit: John Michael Bunney at 5038 Pellingham Circle, East Pennsboro Township, Enola, PA 17025. 7; RY N B DEPU 05/29/2013 11:00 AM- Deputy Ryan Burgett, being duly sworn according to law, served the requested Complaint& Notice by handing a true copy to a person representing themselves to be John Bunney, husband of defendant, who accepted as"Adult Person in Charge"for Sarah Angela Bunney at 5038 Pellingham Circle, East Pennsboro Township, Enola, PA 17025. RYAN BURGETT, DEPU SHERIFF COST: $60.95 SO ANSWERS, May 30, 2013 RONW R ANDERSON, SHERIFF (c)CountySuite Shentt,'ieleosoft,Inc. ION CQU�4T' PENtjSYr VAN A Melanie L. Vanderau, Esquire METTE, EVANS & WOODSIDE Sup. Ct. ID No. 203167 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 (717) 236-1816 (fax) mlvanderau @mette.com Attorneys for Plaintiff METRO BANK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. JOHN M. BUNNEY and SARA A. DOCKET NO. 13-2924 - Civil BUNNEY, Defendants MOTION TO TERMINATE TEMPORARY STAY UNDER RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM The Plaintiff, Metro Bank("Metro"), files this Motion to Terminate Temporary Stay Under Residential Mortgage Foreclosure Diversion Program against John M. Bunney and Sara A. Bunney (collectively the "Defendants") as follows: BACKGROUND 1. On July 7, 2011, John M. Bunney executed a Promissory Note with a Change in Terms Agreement dated October 11, 2012 in favor of Metro (collectively the "Note"). 2. Defendants' payment and performance obligations under the Note are secured by a Mortgage (the "Mortgage") dated July 7, 2011 with Defendants as Grantors in favor of Plaintiff as Lender. 3. The indebtedness evidenced by the Note and secured by the Mortgage is in default. Defendants have not paid the amount due in full as required by a demand letter dated January 11, 2013, mailed to the Defendants. PROCEDURAL HISTORY 4. This action was commenced on May 22, 2013 by the filing of a Complaint in Mortgage Foreclosure (the "Complaint") by Metro against the Defendants. 5. As required by this Court's February 28, 2012 Administrative Order, a Notice of Residential Mortgage Foreclosure Diversion Program (the "Notice") was also filed by Metro for service on the Defendants. 6. The Cumberland County Sheriff's Office advised Metro that they personally served Defendants with both the Complaint and Notice on May 29, 2013. 7. As of the date of this filing, Defendants have not filed a Request for Conciliation Conference with the Court as required by this Court's February 28, 2012 Administrative Order and, as a result, no Conciliation Conference has been scheduled. 8. The sixty day (60)time limit set forth in the Notice for the filing of a Request for Conciliation Conference has expired. 9. This Court has authority to terminate the temporary stay under the Residential Mortgage Foreclosure Diversion Program pursuant to the February 28, 2012 Administrative Order. 10. No judge has been assigned to this matter nor has ruled upon any other issue in this matter. 11. Upon information and belief, Defendants are not represented by counsel; accordingly, Plaintiff's counsel could not seek the concurrence of opposing counsel in connection with this motion pursuant to Cumberland County Local Rule No. 208.3(a)(9). WHEREFORE, for the reasons stated above, Metro respectfully requests this Honorable Court enter an Order terminating the temporary stay under the Residential Mortgage Foreclosure Diversion Program and permit Metro to proceed in the action. Respectfully submitted, METTE, EVANS & WOODSIDE By: Mel ie L.VVanderau, Esquire Sup. Ct. ID No. 203167 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Attorneys for Plaintiff Date: July 31, 2013 CERTIFICATE OF SERVICE I certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage, prepaid, as follows: John M. Bunney 5038 Pellingham Circle Enola, PA 17025 Sara A. Bunney 5038 Pellingham Circle Enola, PA 17025 METTE, EVANS & WOODSIDE By. Melan e L. Vanderau, Esquire Sup. Ct. ID No. 203167 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Attorneys for Plaintiff Date: July 31, 2013 u( METRO BANK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. JOHN M. BUNNEY and SARA A. : DOCKET NO. 13-2924 - Civil BUNNEY, Defendants • ORDER AND NOW THIS 91 day of nvi44 fr" , 2013, upon consideration of Plaintiff's Motion to Terminate Temporary Stay Under the Residential Mortgage Foreclosure Diversion Program, it is hereby ORDERED that the Motion is GRANTED and Plaintiff may proceed in this action in mortgage foreclosure. BY THE COURT: • J. COrt CS /1/141 144ity /It liAOCIR. • - r G) > _ ° C- .7c aLcatuit.t :- s/s/ia n 111 661611v1 0 i i f" PROs t HONOTAR 2013 AUG 29 AH 11 CUMBERLAND COUNTY PENNSYLVANIA Melanie L. Vanderau, Esquire METTE, EVANS & WOODSIDE Sup. Ct. ID No. 203.167 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 (717) 236-1816 (fax) mlvanderau @mette.com Attorneys for Plaintiff METRO BANK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. JOHN M. BUNNEY and SARA A. DOCKET NO. 13-2924 - Civil BUNNEY, Defendants PRAECIPE TO ENTER DEFAULT JUDGMENT TO THE PROTHONOTARY: Please enter judgment by default in the above-captioned matter, in favor of the Plaintiff, Metro Bank and against the Defendants John M. Bunney and Sara A. Bunney for failure to plead to Plaintiff's Complaint in Mortgage Foreclosure in accordance with Rule 1037(b) of the Pennsylvania Rules'of Civil Procedure and assess Plaintiff damages in the amount of$58,920.14 calculated as follows: Principal $54,665.72 Interest as of May 7, 2013 $1,170.34 l p amA C o I acll 9, Ivo fi4le� Late Fees as of May 7, 2013 $2,783.58 Unpaid Loan Fees as of May 7, 2013 $50.50 Attorney's Fees: $250.00 Total $58,920.14* *Interest accruing at the per diem rate of $9.73, coats and attorneys' fees continue to accrue from May 7, 2013. I hereby certify that the Notices of Default attached hereto "were forwarded to Defendants John M. Bunney and Sara A. Bunney in accordance with Rule 237.1 of the Pennsylvania Rules of Civil Procedure. There is no attorney of record. Respectfully submitted, METTE, EVANS & WOODSIDE By: — Mel ie L. anderau, Esquire Sup. Ct. ID No. 203167 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 Attorneys for Plaintiff Date: August 28, 2013 METTE, EVANS &WOODSIDE A PROFESSIONAL CORPORATION ATTORNEYS AT LAW HOWELL C.METTE THOMAS F.SMIDA 3401 NORTH FRONT STREET MARK S.SILVER JAMES W.EVANS ROBERT MOORE PAULA J.LEICHT P.O.BOX 5950 BERNADETTE BARATTINI 1926-2008 CHARLES B.ZWALLY TIMOTHY A.HOY HARRISBURG,PA 17110-0950 RANDALL G.HURST** PETER J.RESSLER THOMAS A.ARCHER* MELISSA L.VAN ECK JAMES A.ULSH HENRY W.VAN ECK IRS NO. MELANIE L.VANDERAU *NEW JERSEY BAR JEFFREY A.ERNICO MARK D.HIPP 23-1985005 AARON T.DOMOTO **MARYLAND BAR MARY ALICE BUSBY RONALD L.FINCK KEVIN J.HAYES KATHRYN L.SIMPSON HEATHER Z.KELLY TELEPHONE FACSIMILE (717)232-5000 (717)236-1816 TOLL FREE: 1-800-962-5097 HTTP://W W W.METTE.COM August 12, 2013 John M. Bunney Certificate of Mailing 5038 Pellingham Circle Enola, PA 17025 Re: Metro Bank Y. John M. Bunney and Sara A. Bunney Cumberland County C. C. P.; No.: 13-2924-Civil Dear Mr. Burney: Enclosed you will find an Important Notice in the above-referenced matter. Please respond accordingly. Very truly yours, Melanie L. Vanderau MLV/pml Enclosure i m o UNITED STATES Certificate 01 C 0 A2r- Mailin POSTAL SERVICE g 0 ,N This Certificate of Mailing provides evidence that mail has been presented to USPSO for mailing. W T p This form may be used for domestic and international mail. z 0 Q From: Melanie L. Vanderau, Esquire N ETTE, EVANS & WOODSIDE GaS� ti' °p 3401 North Front ' Street, 2nd Fl y Uj Harrisburg, PA 17110-0950 11NCI Cb ��o TO: John M. Bunney \ - �! Vd, 9� 5038 Pellingham Circle Enola, PA 17025 , PS Form 3817,April 2007 PSN 7530-02-000-9065 METRO BANK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY,PENNSYLVANIA V. DOCKET NO. 13-2924-Civil JOHN M. BUNNEY and SARA A. BUNNEY, Defendants TO: John M. Bunney 5038 Pellingham Circle Enola,PA 17025 DATE OF NOTICE: August 12, 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 DAYS FROM THE DATE OF THIS NOTICE,A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS 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 34 S. BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 Respectfully submitted, Mef4ile L nderau, Esquire Sup. Ct. ID No. 203167 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 (717) 236-1816 (fax) Attorneys for Plaintiff Date: August 12, 2013 663707v1 METTE, EVANS &WOODSIDE A PROFESSIONAL CORPORATION ATTORNEYS AT I.Aw HOWELL C.METTE THOMAS F.SMrDA 3401 NORTH FRONT STREET MARK S.SILVER JAMES W.EVANS ROBERT MOORE PAULA J.LEICHT P.O.BOX 5950 BERNADETTEBARATTINI 1926-2008 CHARLES B.ZWALLY TIMOTHY A.HOY HARRISBURG,PA 17110-0950 RANDALL G.HURST** PETER J.RESSLER THOMAS A.ARCHER* MELISSA L.VAN ECK JAMES A.ULSH HENRY W.VAN ECK IRS NO. MELANIE L.VANDERAU *NEW JERSEY BAR JEFFREY A.ERNICO MARK D.HIPP 23-1985005 AARON T.DOMOTO **MARYLAND BAR MARY ALICE BUSBY RONALD L.FINCK KEVIN J.HAYES KATHRYN L.SIMPSON HEATHER Z.KELLY TELEPHONE FACSIMILE (717)232-5000 (717)236-1816 TOI.T,FREE: 1-800-962-5097 HTTP.//W W-W.METTE.COM August 12, 2013 Sara A. Bunney Certificate of Mailing 5038 Pellingham Circle Enola,PA 17025 Re: Metro Bank v. John M. Bunney and Sara A. Bunney Cumberland County C. C. P.; No. 1302924-Civil Dear Mrs. Bunney: Enclosed you will find an Important Notice in the above-referenced matter. Please respond accordingly. Very truly yours, Melanie L. Vanderau MLV/pml Enclosure iz UNI TED STATES Certificate Of ©p POSTALSERVICE Mailing � tVN Thla Certificate of Mailing provides evidence that mad has been presented to LISPS®for mailing. 4} r WQ This form may be used far domestic and international mail. W Q(9 From: � Melanie L Vanderau, Esquire � - 9 tgQ a METTE, EVANS & WOODSIDE ��� o a 9 t) I � W 3401 North Front Street, 2nd Fls, a u. Harrisburg, PA 17110-0950 `� � NU Q 7(.13 �' d�-LfN{'1 0 0 2 To: Sara A. Bunney \ I 5038 Pellingham Circle � tiJ Enola, PA 17025 S J PS Form 3817,April 2007 PSN 7530-02-000-9065 METRO BANK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO. 13-2924-Civil JOHN M. BUNNEY and SARA A. BUNNEY, Defendants TO: Sara A. Bunney 5038 Pellingham Circle Enola, PA 17025 DATE OF NOTICE: August 12, 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 DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS 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 34 S. BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 Respectfully submitted, Mela rfie L Vanderau, Esquire Sup. Ct. ID No. 203167 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 (717) 236-1816 (fax) Attorneys for Plaintiff Date: August 12, 2013 663717v1 METRO BANK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. JOHN M. BUNNEY and SARA A. DOCKET NO. 13-2924 - Civil BUNNEY, Defendants ENTRY OF JUDGMENT You are hereby notified pursuant to Rule 236 of the Pennsylvania Rules of Civil Procedure that Judgment has been entered against you in the amount of$58,920.14 for Plaintiff Metro Bank and against Defendants John M. Bunney and Sara A. Bunney together with interest, attorneys fees, costs and expenses from the date of judgnp nt until paid in full. Date: ' Prothonotary i i r e METRO BANK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. JOHN M. BUNNEY and SARA A. DOCKET NO. 13-2924 - Civil BUNNEY, Defendants NOTICE OF ENTRY OF JUDGMENT TO: John M. Bunney 5038 Pellingham Circle Enola, PA 17025 You are hereby notified that on; rer a�2013, Judgment was entered against you in the above-captioned case. Date: 1�3 w Prothonotary i i METRO BANK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. JOHN M. BUNNEY and SARA A. DOCKET NO. 13-2924 - Civil BUNNEY, Defendants NOTICE OF ENTRY OF JUDGMENT TO; Sara A. Bunney 5038 Pellingham Circle Enola, PA 17025 You are hereby notified that on irb c ! 2013, Judgment was entered against you in the above-captioned case. Date: a /3 Prothonotary P Melanie L. Vanderau, Esquire METTE, EVANS & WOODSIDE Sup. Ct. ID No. 203167 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 (717) 236-1816 (fax) mlvanderau @mette.com Attorneys for Plaintiff METRO BANK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. 1 JOHN M. BUNNEY and SARA A. DOCKET NO. 13-2924 - Civil BUNNEY, Defendants CERTIFICATE OF RESIDENCE I hereby certify that the names and addresses of the proper persons to receive this notice are: John M. Bunney Sara A. Bunney 5038 Pellingham Circle 5038 Pellingham Circle Enola, PA 17025 Enola, PA 17025 Respectfully submitted, METTE, EVANS & WOODSIDE By: eUW4 �`---. Melan e L. Vanderau, Esquire Sup. Ct. ID No. 203167 3401 N. Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 i/1J I (717) 232-5000 Attorneys for Plaintiff Date: August 28, 2013 Melanie L. Vanderau, Esquire METTE, EVANS & WOODSIDE Sup. Ct. ID No. 203167 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717)232-5000 (717) 236-1816 (fax) mlvanderau @mette.com Attorneys for Plaintiff METRO BANK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. JOHN M. BUNNEY and SARA A. DOCKET NO. 13-2924 - Civil BUNNEY, Defendants AFFIDAVIT OF NON-MILITARY SERVICE I, Melanie L'. Vanderau, Esquire, being duly sworn according to law, depose and state that to the best of my knowledge, information and belief, the Defendants John M. Bunney and Sara A. Bunney are not in the military or naval service of the United States or its allies, or otherwise within the provisions of the Servicemembers Civil Relief Act of 2003, 50 U.S.C. App. §501, et seq. Respectfully submitted, METTE, EVANS & WOODSIDE By: V Melan e L. Vanderau, Esquire i Sup. Ct. ID No. 203167 3401 N. Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 Attorneys for Plaintiff Date: August 28, 2013 666246v1 I