HomeMy WebLinkAbout13-4910 Supreme Co . -en nsylvania
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The information collected on this form is used solely for court adininistration 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:
El , Complaint 0 ! Writ of Summons l Petition
Transfer from Another Jurisdiction Declaration of Taking
E
C Lead Plaintiff's Name: Lead Defendant's Name:
METRO BANK WAYNE FENICLE
T
Dollar Amount Requested: Owithin arbitration limits
I Are money damages requested? [x� Yes El No
(check one) Ix_; outside arbitration limits
`0
N Is this a Class Action Suit? 0 Yes 0 No Is this an MDJAppeal? Yes El No
A Name of Plaintiff /Appellant's Attorney: Melanie L. Vanderau, Esquire
r - Check here if you have no attorney (are a Self- Represented (Pro Se] .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 0 Buyer Plaintiff Administrative Agencies
Malicious Prosecution 0 Debt Collection: Credit Card El Board of Assessment
0 Motor Vehicle 0 Debt Collection: Other 0 Board of Elections
Nuisance Dept. of Transportation
Premises Liability Statutory Appeal: Other
S 0 Product Liability (does not include
mass tort) El Employment Dispute:
E 0 Slander/Libel/ Defamation Discrimination
C Other: Employment Dispute: Other Ci Zoning Board
T 0 Other:
I 0 Other:
O MASS TORT
El Asbestos
N 0 Tobacco
Toxic Tort - DES
Toxic Tort -Implant
7 i Toxic Waste REAL PROPERTY MISCELLANEOUS
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Other: 0 Ejectment Common Law /Statutory Arbitration
B 0 Eminent Domain /Condemnation a Declaratory Judgment
0 Ground Rent 0 Mandamus
=i Landlord/Tenant Dispute n Non - Domestic Relations
Mortgage Foreclosure: Residential Restraining Order
PROFESSIONAL LIABLITY 0 Mortgage Foreclosure: Commercial 0 Quo Warranto
El Dental , Partition 0 Replevin
La Legal 0 Quiet Title 0 Other:
] Medical E] Other:
E] Other Professional:
Updated 1/1/2011
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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.
WAYNE FENICLE DOCKET NO.
Defendant
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.
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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.
WAYNE FENICLE, DOCKET NO.
Defendant
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. Defendant Wayne Fenicle is an adult individual with an address of 1001 -13
Nanroc Drive, Mechanicsburg, Pennsylvania, 17055.
3
Jurisdiction & Venue
3. This Court has jurisdiction over this matter pursuant to 42 Pa. C.S.A. §931(a).
4. Venue is proper under 42 Pa. C.S.A. §931(c) because the subject property is in
Cumberland County.
Background
5. On September 22, 2011, Defendant Wayne Fenicle executed a Promissory Note in
the original principal amount of Thirty Six Thousand Dollars and 00 /100 ($36,000.00). A true
and correct copy of the Promissory Note is attached hereto as Exhibit "A" and referred to as the
"Note ".
6. Defendant's payment and performance obligations under the Note are secured by
a lien and security interest created by a Mortgage dated September 22, 2011 with Defendant as
Grantor in favor of Plaintiff as Lender and recorded on October 14, 2011 in the Cumberland
County Recorder of Deeds Office at Instrument Number 201128505. A true and correct copy of
the Mortgage is attached hereto as Exhibit "B" and made a part hereof (the "Mortgage ").
7. The real property subject to the Mortgage is 1001 -13 Nanroc Drive,
Mechanicsburg, Cumberland County, Pennsylvania, as more particularly described in the
Mortgage (the "Property ").
8. Defendant is the real owner of the Property.
9. The indebtedness evidenced by the Note and secured by the Mortgage is in
default. Defendant has failed to pay the scheduled monthly payments due under the Note since
March 27, 2013.
10. Notice of such default and Defendant's rights under the Pennsylvania Loan
Interest and Protection Law ( "Act 6 ") and the Housing Financing Agency Law ( "Act 91 ") was
4
provided to Defendant on July 4, 2013, by certified mail. A true and correct copy of such Notice
to the Defendant is attached hereto as Exhibit "C" and made a part hereof (the "Notice ")
11. As of August 13, 2013, the amount due and owing under the Note is $32,047.35
which is computed as follows:
Principal $31,874.31
Interest as of August 13, 2013 $570.52
Late Fees as of August 13, 2013 $197.02
Satisfaction Fees: $55.50
Attorney's Fees: $250.00
Total $32,947.35
*Interest accruing at the per diem rate of $4.79, costs and attorneys' fees continue
to accrue from August 13, 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.
WHEREFORE, Plaintiff respectfully requests that your Honorable Court enter Judgment
in Mortgage Foreclosure in its favor and against Defendant in the amount of $32,947.35 plus
continuing interest at the rate of $4.79 per diem after August 13, 2013, attorneys' fees, costs and
5
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
" "
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
(717) 236 -1816 (fax)
iff
Date: August 16, 2013 Attorneys for Plaint
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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.
4 bertson, Vice President
covery Manager, Metro Bank
Dated: August 16, 2013
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PROMISSORY NOTE
Principal Loan Date Maturity Loan No call 1 call Account Officer Initiates
$36,000.00 1 09-22-2011 1 09-27-2021 9008
References in the boxes above are for Lender's use only and do not limit the applicability of this document to arty particular loan or item.
Any item above containing ""`" — has been omitted due to text length limitations.
Borrower: Wayne B. Fenicle Lender: Matra Bank
1001 -13 Nanroc Drive Simpson Ferry
Mechanicsburg, PA 17055 5032 Simpson Ferry Road
Mechanicsburg, PA 17050
(717) 766 -6800
Principal Amount: $36,000.00 Interest Rate: 5.490% Date of Note: September 22, 2011
Maturity Date: September 27, 2021
PROMISE TO PAY. 1 ( "Borrower'l promise to pay to Metro Bank ( "Lender "), or order, in lawful money of the United States of America, the
principal amount of Thirty-six Thousand & 001100 Dollars ($36,000.00), together with interest on the unpaid principal balance from September
27, 2011, calculated as described in the "INTEREST CALCULATION METHOD" paragraph using an Interest rate of 5.490% per annum, until
paid In full. The interest rate may change under the terms and conditions of the "PREFERRED RATE REDUCTION" section. The interest rate
may also change under the terms and conditions of the 'INTEREST AFTER DEFAULT" section. Unless waived by Lender, any Increase In the
interest rate will Increase the amounts of my payments.
PAYMENT. 1 will pay this loan in 120 payments of $300.58 each payment My first payment Is due October 27, 2011, and all subsequent
payments are due on the same day of each month after that. My final payment will be due on 'September 27, 2021, and will be for all principal
and all accrued Interest not yet paid. Payments Include principal and interest Unless otherwise agreed or required by applicable law, payments
Will be applied 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 coliection 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 must be received by us at the remittance address shown on your billing statement. Psymerde 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.
PREFERRED RATE REDUCTION. The Interest rate on this Note includes a preferred rate reduction. Following is a description of the event that
would cause the preferred rate reduction to terminate, how the new rate will be determined upon termination of the preferred rate reduction and
any rules pertaining to the termination of the rate reduction.
Description of Event That Would Cause the Preferred Rate Reduction to Terminate.
IF THE AUTOMATIC PAYMENT IS DISCONTINUED BY THE BORROWER OR THE LENDER.
How The New Rate Will Be Determined Upon Termination of the Preferred Rate Reduction.
THE INTEREST RATE WILL INCREASE BY ONE -HALF OF ONE PERCENT (.500 %).
.Rules.
THERE IS AN ADMINISTRATIVE FEE OF $25.00 WHICH BORROWER WILL PAY IN CASH OR LENDER WILL ADVANCE FROM THE LOAN.
MAXIMUM INTEREST RATE. Under no circumstances will the Interest rate on this Note exceed (except for any higher default rate shown
below) the lesser of 5.990% per annum or the maximum rate allowed by applicable law.
INTEREST CALCULATION METHOD. Interest on this Note Is computed on a 365/365 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 may pay without penalty all or a portion of the amount owed earlier than it is due. Early payments will not unless agreed to
by Lender In writing, relieve me of my obligation to continue to make payments under the payment schedule. Rather, early payments will reduce
the principal balance due and may result in my making fewer payments. I agree not to send Lender payments marked "paid In full ", "Without
recourse ", or similar language. If 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 2.000 percentage points. If judgment is entered in connection with this Note, Interest will continue to accrue after the
date of judgment at the rate In effect at the time judgment is entered. However, in no event will the interest rate exceed the maximum interest
rate limitations under applicable law.
DEFAULT. I will be in default under this Note If any of the following happen:
Payment Default, I fail to make any payment when due under this Note.
Break Other Promises. I break arry promise made to Lender or fall 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
i documents is false or misleading in any material respect, either now or at the time made or fumished.
Death or Insolvency. Any Borrower dies or becomes insolvent; a receiver is appointed for any part of my property; I make an assignment
PROMISSORY NOTE
Loan No: (Continued) Page 2
for the benefit of creditors; or any proceeding is commenced either by me or against me under any bankruptcy or insolvency laws.
Taking of the Property. Any creditor or governmental agency tries to take any of the property or any other of my property in which Lender
has a lien. This includes taking of, garnishing of or levying on my accounts with Lender. However, If I dispute in good faith whether the
claim on which the taking of the property is based is valid or reasonable, and if I give Lender written notice of the claim and furnish Lender
with monies or a surety bond satisfactory to Lender to satisfy the claim, then this default provision will not apply.
Defective Collaterallzation. This Note or any of the related documents ceases to be in full force acid effect (including failure of any collateral
document to create a valid and perfected security interest or lien) at any time and for any mason.
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 1, after Lender sends written notice to me 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, Lenders 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 Lenders 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 a right of setoff In all my accounts with Lender (whether
checking, savings, or some other account). This includes all accounts i hold jointly with someone else and all accounts I may open in the future.
However, this does not include any IRA or Keogh accounts, or any trust accounts for which setoff would be prohibited by law. I authorize
Lender, to the extent permitted by applicable law, to charge or setoff all sums owing on the indebtedness against any and all such accounts.
COLLATERAL 1 acknowledge this Note Is secured by the following collateral described in the security instrument listed herein: a Mortgage
dated September 22, 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 Nate. 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 dosing 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 shag 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(ms) 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 exteht 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 ail of the
persons signing below.
PROMISSORY NOTE
Loan No: (Continued) Page 3
PRIOR TO SIGNING THIS NOTE, I READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE. I AGREE TO THE TERMS OF THE NOTE.
I ACKNOWLEDGE RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE.
THIS NOTE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS NOTE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A
SEALED INSTRUMENT ACCORDING TO LAW.
Y BORRR:
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Parcel Identification
Number:
U10�3 - �� 003VFO
RECORDATION
REQUESTED BY:
Metro Bank
Simpson Ferry
5032 Simpson Ferry Road
Mechanicsburg, PA 17060
Matra Bank
PO Box 4999
Harrisburg, PA
17111 - 9933 WHEN RECORDED, RETURN TO:
FIRST AMERICAN MORTGAGE SERVICES
SEND TAX NOTICES TO: 1100 SUPERIOR AVENUE, SUITE 200
Wayne B. Fenicle
1001 -13 Nanroc Drive CLEVELAND, OHIO 44114
Mechenicabura, PA 17066 ATTN: RECORDING COORDINATORS FOR RECORDER USE ONLY
MORTGAGE
Amount Secured Hereby: $36,000.00
THIS MORTGAGE dated September 22, 2011, Is made and executed between Wayne B.
Fenicle, whose address Is 1001 -13 Nanroc Drive, Mechanicsburg, PA 17055 (referred to below
as "Grantor ") and Metro Bank, whose address is 6032 Simpson Ferry Road, Mechanicsburg,
PA 17050 (referred to below as "Lender ").
GRANT OF MORTGAGE. For valuable consideration, Grantor grants, bargains, sells, conveys, assigns, transfers,
releases, confirms and mortgages to Lender all of Grantor's right, title, and interest in and to the following described
real property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all
streets, lanes, alleys, passages, and ways; all easements, rights of way, all liberties, privileges, tenements,
hereditaments, and appurtenances thereunto belonging or anywise made appurtenant hereafter, and the reversions and
remainders with respect thereto; all water, water rights, watercourses and ditch rights (including stock in utilities with
ditch or irrigation rights); and all other rights, royalties, and profits relating to the real property, including without
limitation all minerals, oil, g as, geothermal and similar matters, (the "Real Property ") located in Cumberland
County, Commonwealth of Pennsylvania:
See Exhibit A which is attached to this Mortgage and made a part of this Mortgage as if
fully set forth 'herein.
The Real Property or its address is commonly known as 1001 -13 Nanroc Drive,
Mechanicsburg, PA 17066. The Real Property parcel Identification number Is
42- 24- 0792 -042A 0100113.
THIS MORTGAGE, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND
PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF
ANY AND ALL OBLIGATIONS UNDER THIS MORTGAGE. THIS MORTGAGE IS GIVEN AND ACCEPTED ON THE
FOLLOWING TERMS:
PAYMENT AND PERFORMANCE. Except as otherwise provided In this Mortgage. Grantor shall pay to Lender all
amounts secured by this Mortgage as they become due and shall strictly perform all of Grantor's obligations under this
Mortgage.
POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession and use of the
Property shall be governed by the following provisions:
Possession and Use. Until the occurrence of an Event of Default, Grantor may (1) remain in possession and
control of the Property; (2) use, operate or manage the Property; and (3) collect the Rents from the Property.
Duty to Maintain. Grantor shall maintain the Property In good condition and promptly perform all repairs,
replacements, and maintenance necessary to preserve its value.
3
MORTGAGE
Loan No: (Continued) Page 2
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 indemnity, 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 Properly 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 shag pay when due (and in all events prior to delinquency) all taxes, payroll taxes, special taxes,
assessments, water charges and sewer service charges levied against or on account of the Property, and shall pay
when due all claims for work done on or for services rendered or material furnished to the Property. Grantor shall
maintain the Property free of any liens having priority over or equal to the Interest of Lender under this Mortgage,
except for those liens specifically agreed to In writing by Lender, and except for the lien of taxes and assessments
not due and except as otherwise provided In this Mortgage.
PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this
Mortgage:
Maintenance of Insurance. Grantor shall procure and maintain polities of fire insurance with standard extended
coverage endorsements on a replacement basis for the fug 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 insurers 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 arty 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, H 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'l. Lender may estimate the amount of Escrow Funds on
the basis of current data and a reasonable estimate of future Escrow Items. All Escrow Funds shall be held by
Lender and applied to pay the Escrow Items when due. Lender will not charge for holding and applying the Escrow
Funds, analyzing the account, or verifying the Escrow Items, unless Lender pays Grantor Interest on the Escrow
Funds and applicable law permits Lender to make such a charge. Grantor and Lender may agree In writing that
Interest shall be paid on the Escrow Funds. Unless an agreement is made or applicable law requires Interest to be
paid, Lender shall not be required to pay Grantor any interest or earnings on the Escrow Funds. The Escrow Funds
are pledged as additional security for the amounts secured by this Mortgage. 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
f '
MORTGAGE
Loan No: (Continued) Page 3
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, or (3) to make repairs to
the Property then Lender may do so. if any action or proceeding is commenced that would materially affect
Lender's interests in the Property, then Lender on Grantor's behalf may, but Is not required to, take any action that
Lender believes to be appropriate to protect Lender's interests. All expenses incurred or paid by Lender for such
purposes will then bear interest at the rate charged under the Note from the date Incurred or paid by Lender to the
date of repayment by Grantor. Ali such expenses will become a part of the indebtedness and, at Lenders 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. Grantors 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 arty tide insurance policy, title report, or final title opinion Issued in favor of, and accepted by, Lender In
connection with this Mortgage, and (b) Grantor has the full right, power, and authority to execute and deliver
this Mortgage to Lender.
Defense of Title. Subject to the exception In the paragraph above, Grantor warrants and will forever defend
the title to the Property against the lawful claims of all persons.
Full Performance. If Grantor pays all the Indebtedness when due, and otherwise performs all the obligations
Imposed upon Grantor under this Mortgage, Lender shall execute and deriver to Grantor a suitable satisfaction of
this Mortgage and suitable statements of termination of any financing statement an 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 Lenders option, Grantor will be in default under this Mortgage if any of the following
happen:
Payment Default Grantor fails to make any payment when due under the indebtedness.
Dehult 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 Tien.
Break Other Promises, Grantor breaks any promise made to Lender or fails to perform promptly at the time
and strictly in the manner provided in this Mortgage or In any agreement related to this Mortgage.
Default in Favor of Third Parties. Should Grantor default under any loan, extension of credit, security
agreement, purchase or sales agreement, or any other agreement, In favor of any other creditor or person that
may materially affect any of Grantors property or Grantor's ability to repay the Indebtedness or Grantors
ability to perform Grantors obligations under this Mortgage or any related document.
Death or Insolvency. The death of Grantor, the insolvency of Grantor, the appointment of a receiver for any
part of Grantors property, any assignment for the benefit of creditors, any type of creditor workout, or the
commencement of any proceeding under any bankruptcy or insolvency laws by or against Grantor.
Breach of Other Agreement Any breach by Grantor under the terns of any other agreement between Grantor
and Lender that Is not remedied within any grace period provided therein, Including without limitation any
agreement concerning any indebtedness or other obligation of Grantor to Lender, whether existing now or
later.
Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser,
surety, or accommodation party of any of the Indebtedness or any guarantor, endorser, surety, or
accommodation party dies or becomes incompetent, or revokes or disputes the validity of, or liability under,
any Guaranty of the Indebtedness.
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
k .
MORTGAGE
Loan No: (Continued) Page 4
cured if Grantor, after Lender sends written notice to Grantor demanding cure of such default: (a) cures the
default within fifteen (IS) days; or (b) if the cure requires more than fifteen (15) days, immediately Initiates
steps which Lender deems in Lenders sole discretion to be suffclent to cure the default and thereafter
continues and completes all reasonable and necessary steps sufficient to ps"oduce 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 rerntedles, in addition to any other
Fights or remedies provided by law.
Accelerate Indebtedness. Lender shall have the right at its option, after givir-og 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 IE nterest in all or any part of the
Property.
Nonjudlcial Sale. if permitted by applicable law, Lender may foreclose Grantors interest in all or in any part of
the Personal Property or the Real Property by nonjudidal sale.
Other Remedies. Lender shall have all other rights and remedies provided in this Mortgage or the Note or
available at law or in equity.
Sale of the Property. To the extent permitted by applicable law, Grantor here by waives any and all right to
have the Property marshalled. In exercising its rights and remedies, Lender sh&14 be free to sell all or any part
of the Property together or separately, in one safe 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 Lenders 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 Grantors obligations under this Mortgage, after
Grantors failure to do so, that decision by Lender will not affect Lenders right to declare Grantor in default
and to exercise Lenders 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 Lenders 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,
Lenders reasonable attorneys' fees and Lenders 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
and title Insurance, to the extent permitted by applicable law. Grantor also will pay any court costs, In
addition to ali other sums provided by law.
Association of Unit Owners. The following provisions apply if the Real Property has been submitted to unit
ownership law or similar law for the establishment of condominiums or cooperative ownership of the Real
Property:
Addltbnal Authorizations. Grantor irrevocably authorizes Lender, with full power of substitution, to vote in
Lenders discretion on arty matter that may come before the association of unit owners. Lender will have the
right to exercise this authorization only after Grantors default; however, Lender may decline to exercise this
authorization as Lender sees fit.
Insurance. The Insurance as required above may be carried by the association of unit owners on Grantors
behalf, and the proceeds of such Insurance may be paid to the association of uri4t owners for the purpose of
repairing or reconstructing the Property. If not so used by the association, such proceeds shall be paid to
Lender.
DefaulL Grantors failure to perform any of the obligations imposed on Grantor by the declaration submitting
the Real Property to unit ownership, by the bylaws of the association of unit owners, or by any rules or
regulations thereunder, shall be an event of default under this Mortgage. If Grantors interest in the Real
Property is a leasehold interest and such property has been submitted to unit ownership, any failure by
Grantor to perform any of the obligations imposed on Grantor by the lease of the Real Property from its
MORTGAGE
Loan No (Continued) Page 5
owner, any default under such lease which might result In termination of the lease as it pertains to the Real
Property, or any failure of Grantor as a member of an association of unit owners to take any reasonable action
within Grantors power to prevent a default under such lease by the association of unit owners or by any
member of the association shall be an Event of Default under this Mortgage.
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 Lenders 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 walve 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 Wayne B. Fenide 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, at seq. ("CERCLA "), the Superfund Amendments and Reauthorization Act of 1986,
Pub. L No. 99-499 ( "SARA'), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq.,
the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq., or other applicable state or
federal laws, rules, or regulations adopted pursuant thereto.
Event of Default The words "Event of Default" mean any of the events of default set forth in this Mortgage
In the events of default section of this Mortgage.
Grantor. The word "Grantor' means Wayne B. Fenicle.
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 Grantors obligations or expenses incurred by Lender to enforce Grantors
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 September 22, 2011, in the original principal
amount of $36,000.00 from Grantor to Lender, together with all renewals of, extensions of,
modifications of, refinancings of, consolidations of, and substitutions for the promissory note or agreement.
NOTICE TO GRANTOR: THE NOTE CONTAINS A VARIABLE INTEREST RATE.
Personal Property. The words "Personal Property" mean ail equipment, fixtures, and other articles of personal
property now or hereafter owned by Grantor, and now or hereafter attached or affixed to the Real Property;
together with all accessions, parts, and additions to, all replacements of, and all substitutions for, any of such
property; and together with all proceeds (including without limitation all Insurance proceeds and refunds of
premiums) from any sale or other disposition of the Property.
Property. The word "Property" means collectively the Real Property and the Personal Property.
Real Property. The words "Real Property" mean the real property, interests and rights, as further described in
this Mortgage.
Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan
agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security
deeds, collateral mortgages, and all other Instruments, agreements and documents, whether now or hereafter
existing, executed in connection with the Indebtedness.
Rents. The word "Rents" means all present and future rents, revenues, income, Issues, royalties, profits, and
MORTGAGE
Loan No: (Continued) Page 6
other benefits derived from the Property.
GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MORTGAGE, AND GRANTOR AGREES
TO ITS TERMS.
THIS MORTGAGE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS MORTGAGE IS AND SHALL
CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW.
GRANTOR:
Seal)
wyfi B. Fenicle
CERTIFICATE OF RESIDENCE
I hereby certify, that the precise address of the mortgagee, Metro Bank, herein is as follows:
Simpson Ferry, 5032 Simpson Ferry Road, Mechanicsburg, PA 17050
14r CU
:(t7
A omey or Agent Tor Mort gee
INDIVIDUAL ACKNOWLEDGMENT
CO MMOWMMLTH OF PeV4S VJWW
COMMONWEALTH OF PENNSYLVANIA ) Notarial sea)
SS Joel Xavier Zeiger, 14otarY Pub k
Lower Allen Trp., Cumberland CourdY
COUNTY OF Hy Commission Explres ]an. 5, 2015
MEMBER. PENN'7 ~ 70 1' 7 017 SMI OF ROT AIM
On th �s e h 1 day of 20 // before me
the undersigned Notary Public, personally appeared Wayne B. Fenkie, known to
me (or satisfactorlly proven) to be the person whose name is subscribed to the within instrument, and acknowledged
that he or she executed the same for the purposes therein contained.
In witness whereof, I hereunto set my hand and official seaL
s
ary Public In and for the State of
LASER PRO Lending, Ver. 5.57.00.004 Copr. Harland Financial Solutions, Inc. 1997, 2011. All Rights Reserved. -
PA SACFI%LPL1G03.FC TR -34670 PR -221
a
EXHIBIT A
SITUATED IN THE TOWNSHIP OF UPPER ALLEN, COUNTY OF CUMBERLAND
AND STATE OF PENNSYLVANIA:
ALL THAT CERTAIN UNIT DESIGNATED AS UNIT I -13, BUILDING 1,
BEING A CONDOMINIUM UNIT IN GENEVA PLACE, A CONDOMINIUM,
LOCATED IN UPPER ALLEN TOWNSHIP, CUMBERLAND COUNTY,
PENNSYLVANIA, WHICH UNIT IS LOCATED ON THE FLOOR, BUILDING /
AS DESIGNATED IN THE DECLARATION OF CONDOMINIUM RECORDED IN
OCTOBER 5, 1983 IN THE OFFICE OF THE RECORDER OF DEEDS FOR
CUMBERLAND COUNTY IN MISCELLANEOUS BOOK 289, PAGE 929 AND IN
THE DECLARATION PLANS AS RECORDED IN THE OFFICE OF THE
RECORDER OF DEEDS FOR CUMBERLAND COUNTY IN PLAN BOOK 44, PAGE
62, SAID UNIT BEING KNOWN AND NUMBERED AS 1001 -13 NANROC
DRIVE.
TOGETHER WITH ALL RIGHT, TITLE AND INTEREST, IN AND TO THE
COMMON ELEMENTS AS MORE FULLY SET FORTH IN THE AFORESAID
DECLARATION OF CONDOMINIUM AND DECLARATION PLANS, AS AMENDED.
PPN: 42 -24- 0792 -042A U100113
WAYNE B. FENICLE, SINGLEMAN
1001 NANROC DRIVE, MECHANICSBURG PA 17055
Loan Reference Number 38106/1008
First American Order No: 44043128
1111 fill 11111111111111 FENICLE
44043128 pA
FIRST AHERICAN ELS
MORTGAGE
!(lillllf11118l °Illlil1l IIi11IIIII Illy 11111111
ROBERT P. ZIEGLER
RECORDER OF DEEDS
CUMBERLAND COUNTY y
1 COURTHOUSE SQUARE -
CARLISLE, PA 17013 _ a
717 -240 -6370
Instrument Number - 201128505
Recorded On 10/14/2011 At 8:27:18 AM * Total Pages - 8
• Instrument Type - MORTGAGE
Invoice Number - 94960 User ID - JM
• Mortgagor - FENICLE, WAYNE B
• Mortgagee - METRO BANK
• Customer - FIRST AMERICAN
* 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 p age e is now art
PARCEL CERTIFICATION $10.00 P g P
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
0 00�
a ,o
0
RECORDER O D EDS
Y7'�0
* - Information denoted by an asterisk may change during
the verification process and may not be reflected on this page.
003VFO
I I illlllllllll I I lillll II III
1�/�`
M'ETRO - : 1-' R
SYWA
BANK
July 4` 2013
ACT 6/91 NOTICE
TAKE ACTION TO SAVE
YOUR HOME FROM
FORECLOSURE
This is an official notice that the mortgage on lour home is in default and the lender intends to foreclose.
SSReci information about the nature of the default is provided in the attache panes.
The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PRO GRAM (HEMAP) ma be
ab le to help to save your home This Notice explains how the p r og ram 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 a ddress and phone number of Consumer Credit Counseling Agencies se rving yo ur County are listed
at the end of the Notice If you have any questions you may call the Pennsylvania Housing Finance Agency
to ll 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
AGENCI . (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.
WAYNE FENICLE
1001 -13 NANROC DR
MECHANICSBURG PA 17055
Property Address – 1001 -13 Nanroc Dr Mechanicsburg PA 17055
Loan account number -
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 NOTIC 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 A HEMAPAPPLICA77ON SOONAS POSSIBLE IF YOUIIAVEA MEETING
WITHA COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE
AND FILE AN APPLICA 77ON WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE
LENDER WILL BE TEMPORARILY PREVENTED FROMSTARTINGA FORECLOSURE AGAINST
YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY
OF FORECLOSURE':
YOU HAVE THE RIGHT TO FILE A HEMAPAPPLICATION EVEN BEYOND THESE TIME
P E R I O D S A L A TEAPPLICATION WILL NOT PREVENT THE LENDER FROMSTARTINGA
FORECLOSURE ACTION, BUT IF YOUR APPLICATIONIS EVENTUALLYAPPROVED ATANY
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 (Bring it up to date).
NATURE OF THE DEFAULT —The MORTGAGE debt held by the above lender on your property located
at:
IS SERIOUSLY IN DEFAULT because: Non - payment
A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the
following amounts are now past due:
April 27 $390.58, May 27 $390.58 June 27 $390.58
Late fees $157.96
TOTAL AMOUNT PAST DUE: $ 1,329.70, due $ 04/27/2013.
B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION: Make monthly payments,
communicate with Metro Bank.
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 1,329.70 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 mortgage 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 property.
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 nay 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, you still have the ri 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 paying
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
wanner 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: BEVERLY QUIGLEY
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 Sheriffs 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.
t
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.
HEMAP Consumer Credit Counselin A encies
CUMBERLAND County
Report last updated; 06/04/2013 10:57 AM
Advantage Credit Counseling Service /CCCS of western PA Community Action Commission of Capital Region
2000 Linglestown Road 1514 Derry Street
Harrisburg, PA 17102
888 - 511 -2227 Harrisburg, PA I7104
717 - 232 -9757
Housing Alliance of York/Y Housing Resources Maranatha
290 West Market Street 43 Philadelphia Avenue
York, PA 17401 Waynesboro, PA 17268
717- 855 -2752 717 -762 -3285
PathStone Corporation PathStone Corporation
1625 North Front St 450 Cleveland Ave
Harrisburg, PA 17102 Chambersburg, PA 17201
717- 234 -6616 717- 2645913
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
SEN
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■ Complete Items 1 2, and 3. Aso complete A.:8 re
item 4 it Restricted Dal"ry is desired, �7
et: Print your name and address on the reverse /r%
so that we can return.the acrd to yrou, 0 Addressee
■ Attach this card to the beck of the meilplece, B. ROC by (PftW n►amy C. Date of De9very
or on the front If space permits, A -P.{/
1. ArtMcle Addressed to7 D• is delivery ieor!ef ° . 13 Ybe
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4. Restricted Dd'vw (sour") 0 Yes
7012 3050 00 01 4112 4462
i PS Form 3811 Fegruary 2004 Domestic Retum Receipt
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FORM
Metro Bank IN THE COURT Op COMMON PLEAS Or
�
CUMBERLAND COUNTY, PENNSYLVANIA cz
C:'
Plaintiff(s)
VS.
Wa F8DiCka
���
oef ndant(,) � «~~— civ
NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM
You have been served with a foreclo complaint that could cause you to 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 do not have m lawyer you must tohm the follow steps to be eligible for m
conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MiclPenn Legal
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 legal 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 so that a |va" resolution proposal can be prepared on your behalf. If
you and your legal representative complete afinanda| worksheet in the format attached hereto, the legal representative will
prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days
vf the service upon you of the foreclosure complaint. |p you doso and a conciliation conference }, scheduled, you will have an
opportunity to meet with a representative of your lender inpnattempt tn work out reasonable arrangements with your lender
before the mortgage foreclosure suit proceeds forward.
If you are represented by a lawyer, you and your lawyer must take the following steps to
be eligible for m conciliation conference. It is not necessary for you to contact xxiurenn Legal Service for the
appointment ofa legal representative. However, 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 #|e a Request for Conciliation Conference with the Court, which must be file d
with the Court within sixty (oo) dxv, of the service upon you of the foreclosure complaint. If you du so and a conciliation
conference is scheduled, you will have an opportunity to meet with a representative of your lender in an 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:
Date mgv4u,eorcounve/ for Plaintiff
\
'
'
i
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:
CUSTOMERIPRIMARY APPLICATION
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?
CO B
Mailing Address:
City: State: Zip:
Phone Numbers: Home: Office:
Cell: Other:
Email:
# of people in household: How long?
FINANCIAL INFORMATION
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 paving)
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. 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
I/We, 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
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff °t Cult:to 4
Jody S Smith ��, rr ` l 'a
Chief Deputy
At'f;"( 3 OCT
,aw 1? , i 2;Y t 3 2:
Richard W Stewart
Solicitor r,FF fi°;3F THE sHERIF- @@ 3 ,
4xENNSYLVAt'H k
Katie Grady Case Number
vs.
Wayne B Fenicle 2013-4910
SHERIFF'S RETURN OF SERVICE
08/28/2013 03:18 PM- Deputy Ronald Hoover, 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: Wayne B Fenicle at 1001 Nanroc Drive,Apt. 13, Upper Allen, Mechanicsburg, PA 17055.
RONALD HOOVER, DEPUTY
SHERIFF COST: $39.30 SO ANSWERS,
August 29, 2013 RONNW ANDERSON, SHERIFF
(ci CountySuiie Sheriff Tel!?osoft Inc.
3OC29 i D COUU:NLT
'(
C hBEmLA
PENNSYLVANIA
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. • DOCKET NO. 13-4910 —Civil
•
WAYNE FENICLE, • MORTGAGE FORECLOSURE
Defendant •
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 Wayne Fenicle
("Defendant") as follows:
BACKGROUND
1. On September 22, 2011, Wayne Fenicle executed a Promissory Note in favor of
Metro (the "Note").
2. Defendant's payment and performance obligations under the Note are secured by
a Mortgage (the "Mortgage") dated September 22, 2011 with Defendant as Grantor in favor of
Plaintiff as Lender.
3. The indebtedness evidenced by the Note and secured by the Mortgage is in
default. Defendant has not paid the amount due in full as required by a demand letter dated July
4, 2013, mailed to the Defendant.
PROCEDURAL HISTORY
4. This action was commenced on August 19, 2013 by the filing of a Complaint in
Mortgage Foreclosure (the "Complaint") by Metro against the Defendant.
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 Defendant.
6. The Cumberland County Sheriffs Office advised Metro that they personally
served the Defendant with both the Complaint and Notice on August 28, 2013.
7. As of the date of this filing, Defendant has 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, Defendant is 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: #11414 M . Vanderau, Esquire
Sup. Ct. ID No. 203167
3401 North Front Street
P.O. Box 5950
Harrisburg, PA 17110-0950
Attorneys for Plaintiff
Date: October 28, 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:
Wayne Fenicle
1001-13 Nanroc Drive
Mechanicsburg, PA 17055
METTE, EVANS & WOODSIDE
By: 1.)/
Melanie L. Vanderau, Esquire
Sup. Ct. ID No. 203167
3401 North Front Street
P.O. Box 5950
Harrisburg, PA 17110-0950
Attorneys for Plaintiff
Date: October 28, 2013
METRO BANK, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v. •
: DOCKET NO. 13-4910 —Civil
WAYNE FENICLE
Defendant : MORTGAGE FORECLOSURE
ORDER
AND NOW THIS /~ day of v,,irvJl•r , 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.
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21113 DEC —2 PH 2: 12
CUMBERLAND COUNTY
PENNSYLVANIA
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.
WAYNE FENICLE : DOCKET NO. 13-4910-Civil
Defendant
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 Defendant Wayne Fenicle for failure to plead to Plaintiff's
Complaint in accordance with Rule 1037(b) of the Pennsylvania Rules of Civil Procedure and
assess Plaintiff damages in the amount of$32,947.35 calculated as follows:
Principal $31,874.31
Interest as of August 13, 2013 $570.52
Late Fees as of August 13, 2013 $197.02 /6 513 PS(
Satisfaction Fees: $55.50 t
Attorney's Fees: $250.00 c# 109/73
Total $32,947.35*
gfr p?e1.eff31
No4i
*Interest accruing at the per diem rate of$4.79, costs and attorneys' fees continue
to accrue from August 13, 2013.
I hereby certify that the Notice of Default attached hereto as.la, ,it was
forwarded to Defendant Wayne Fenicle 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: I(/
Melanie L Vanderau, 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: November 27, 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
HT TP://W F'W.METTE.C OM
November 12, 2013
Wayne Fenicle Certificate of Mailing
1001-13 Nanroc Drive
Mechanicsburg,PA 17055
Re: Metro Bank v. Wayne Fenicle
Cumberland County C. C. P.; No.: 13-4910-Civil
Dear Mr. Fenicle:
Enclosed you will find an Important Notice in the above-referenced matter. Please
respond accordingly.
Very truly yours,
yatkaiijii_----
Melanie L. Vanderau
MLV/pml
Enclosure . -
/Q M O
yO
aUNITED STATES Certificate Of 1 W tVN ;___
POSTAL SERVICE Mailing 1 !,_ o
This Certificate of Mailing provides evidence that mall has been presented to LISPS®for mailing. F 0.6 U
This form may be used for domestic and International mail.
a �,G d
From: Melanie L. Vanderau, Esquire N
METTE, EVANS & WOODSIDE •�¢ A o 0 i
3401 North Front Street, 2nd Fl. <,.� � ,°
Harrisburg, PA 17110-0950 �\ 0.i.t. < „G 2
To: Wayne Fenicle ~" _ .74 •+cam.i
1001-13 Nanroc Drive 4
Mechanicsburg, PA 17055r._ • ;-e
PS Form 3817,April 2007 PSN 7530-02-000-9065 1
METRO BANK, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v. •
: DOCKET NO. 13-4910-Civil
WAYNE FENICLE,
•
Defendant
TO: Wayne Fenicle
•
1001-13 Nanroc Drive
Mechanicsburg, PA 17055
DATE OF NOTICE: November 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
TELEPHONE: (717) 249-3166
•
Respectfully submitted,
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)
Attorneys for Plaintiff
Date: November 12, 2013
681555v1
•
•
23 13 0EE —2 P 2: 1 2
CUMBERLAND COUNT�'
'EPA#NSYLVANIA
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.
•
WAYNE FENICLE : DOCKET NO. 13-4910-Civil
Defendant
CERTIFICATE OF RESIDENCE
I hereby certify that the name and address of the proper person to receive this notice is:
Wayne Fenicle
1001-13 Nanroc Drive
Mechanicsburg, PA 17055
Respectfully submitted,
METTE, EVANS & WOODSIDE
By: ` n{4 �'
Melanie L Vanderau, Esquire
r, •
Sup. Ct. ID No. 203167
3401 North Front Street
P.O. Box 5950
Harrisburg, PA 17110-0950
(717) 232-5000
Attorneys for Plaintiff
Date: November 27, 2013
f,.,Lwja=F c
is -i f t
PLO HO i
203 DEC —2 Ptl 2: j2
CUMBERLAND C€�U'''I`r'
'ENNSYL VANI
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.corn
Attorneys for Plaintiff
METRO BANK, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v. •
WAYNE FENICLE : DOCKET NO. 13-4910-Civil
Defendant
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 Defendant Wayne Fenicle is 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:
Melani L Vanderau, 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: November 27, 2013
684570v1
METRO BANK, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
•
v.
WAYNE FENICLE : DOCKET NO. 13-4910-Civil
Defendant
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$32,947.35 for Plaintiff
Metro Bank and against Defendant Wayne Fenicle together with interest, attorneys fees, costs
and expenses from the date of judgment until paid in full. le
Date: '0// "`
Prothonotary
METRO BANK, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v. •
WAYNE FENICLE : DOCKET NO. 13-4910-Civil
Defendant
NOTICE OF ENTRY OF JUDGMENT
TO: Wayne Fenicle
1001-13 Nanroc Drive
Mechanicsburg, AP 17055
PYI
You are hereby notified that on December O , 2013, Judgment was entered against you
in the above-captioned case.
Date: 0r`3 41°
Proth r m L
tz
C Utt p r 3.
PE tt �s ����'�tI p' T}
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. : DOCKET NO. 13-4910-Civil
WAYNE FENICLE, : CIVIL ACTION—LAW
Defendant
: MORTGAGE FORECLOSURE
PRAECIPE TO SETTLE, SATISFY AND DISCONTINUE
TO THE PROTHONOTARY:
Please mark the above matter settled, satisfied and discontinued.
Respectfully submitted,
METTE, EVANS & WOODSIDE
9 � -
By: „I! i; ',ft l,61,1
Mela *e L. Vanderau, Esquire
Sup. Ct. I.D. No. 203167
Date: February 20, 2014 Attorneys for Plaintiff
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:
Wayne B. Fenicle
1001-13 Nanroc Drive
Mechanicsburg, PA 17055
Respectfully submitted,
METTE, EVANS & WOODSIDE
By: ---
Melanie . Vanderau, Esquire
Sup. Ct. I.D. No. 203167
3401 North Front Street
P.O. Box 5950
Harrisburg, PA 17110-0950
Attorneys for Plaintiff
Date: February 20, 2014
698934v1