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HomeMy WebLinkAbout13-5480 Supreme Ca , of .-en nsylvania COUr 5t) .Cahn.— leas For Prothonotary Use Only: s t Z �� ��dd it Cbv'er het r�' UNI,� • L` A ND'" �"�� Docket No: C � `SI•,.I��t� County y r The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service ofpleadings or other papers as required by law or rules of court. Commencement of Action: S x! Complaint 0 Writ of Summons 0 Petition Transfer from Another Jurisdiction 0 Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: METRO BANK, F /WA COMMERCE BANK/HARRISBUI� JAMES A. BALL, JR. and FRANCES M. BALL T Dollar Amount Requested: Owithin arbitration limits I Are money damages requested? El Yes 0 No (check one) [H ]outside arbitration limits O N Is this a Class Action Suit? 0 Yes 'X No Is this an MDJAppeal? a Yes 'Xi No A Name of Plaintiff/Appellant's Attorney: Melanie I. Vanderau, Esquire 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 U Buyer Plaintiff Administrative Agencies 0 Malicious Prosecution E3 Debt Collection: Credit Card Board of Assessment [3 Motor Vehicle U Debt Collection: Other Board of Elections 0 Nuisance Ell Dept. of Transportation 0 Premises Liability Statutory Appeal: Other S 0 Product Liability (does not include Employment Dispute: i mass tort) E 0 Slander/Libel/ Defamation Discrimination - - C` 0 Other: e Employment Dispute: Other 0 Zoning Board T Other: I m Other: O MASS TORT 0 Asbestos N i_] Tobacco 0 Toxic Tort - DES l Toxic Tort -Implant REAL PROPERTY MISCELLANEOUS 0 Toxic Waste 0 Ejectment 0 Common Law /Statutory Arbitration B 0 Other: U Eminent Domain /Condemnation Declaratory Judgment -i Ground Rent 0 Mandamus El Landlord/Tenant Dispute Non - Domestic Relations El Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABILITY 0 Mortgage Foreclosure: Commercial 0 Quo Warranto i_! Dental _! Partition Replevin 0 Legal 0 Quiet Title Other: f 0 Medical 0 Other: 0 Other Professional: Updated 1/1/2011 CF THE P ' - OFFICE 'A { \� j { V' r EWE , rO 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, f/k/a COMMERCE IN THE COURT OF COMMON PLEAS OF BANK/HARRISBURG, N.A. CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. :DOCKET NO. JAMES A. BALL, JR. and FRANCES M. BALL, 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. CS) 0 103. � � 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, f/k/a COMMERCE IN THE COURT OF COMMON PLEAS OF BANK/HARRISBURG, N.A. CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. DOCKET NO. JAMES A. BALL, JR. and FRANCES M. BALL, Defendants COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff, METRO BANK, f/k/a Commerce Bank/Harrisburg, N.A. 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, f /k/a Commerce Bank/Harrisburg, N.A., is a Pennsylvania state chartered bank with an address at 3801 Paxton Street, Harrisburg, PA 17111. 3 2. Defendants James A. Ball, Jr. and Frances M. Ball, husband and wife, are adult individuals with an address of 6101 Westover Drive, Mechanicsburg, Pennsylvania, 17050. 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. §93l(c) because the subject property is in Cumberland County. Background 5. On May 29, 2008, Defendants James A. Ball, Jr. and Frances M. Ball executed a Promissory Note in the original principal amount of One Hundred Thousand Dollars and 00 /100 ($100,000.00). A true and correct copy of the Promissory Note is attached hereto as Exhibit "A" and referred to as the "Note ". 6. Defendants' payment and performance obligations under the Note are secured by a lien and security interest created by a Mortgage dated May 29, 2008 with Defendants as Grantors in favor of Plaintiff as Lender and recorded on June 20, 2008 in the Cumberland County Recorder of Deeds Office at Instrument Number 200820799. 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 6101 Westover Drive, Mechanicsburg, Cumberland County, Pennsylvania, as more particularly described in the Mortgage (the "Property "). 8. Defendants are the real owners of the Property. 4 9. The indebtedness evidenced by the Note and secured by the Mortgage is in default. Defendants have failed to pay the scheduled monthly payments due under the Note since February 15, 2013. 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 Defendants on July 15, 2013, by certified mail. A true and correct copy of such Notice to the Defendants is attached hereto as Exhibit "C" and made a part hereof (the "Notice ") 11. As of September 6, 2013, the amount due and owing under the Note is $49,407.67 which is computed as follows: Principal $48,413.17 Interest as of September 6, 2013 $427.22 Late Fees as of September 6, 2013 $261.78 Unpaid Loan Fees: $55.50 Attorney's Fees: $250.00 Total $49,407.67* *Interest accruing at the per diem rate of $8.61, costs and attorneys' fees continue to accrue from September 6, 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. 5 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 Defendants in the amount of $49,407.67 plus continuing interest at the rate of $8.61 per diem after September 6, 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 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: September 16, 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. ti J Robertson, ice President et Recovery Manager, Metro Bank Dated: 7 668479v! i i I I I � i I i { I { i I i I I PROMISSORY NOTE Principal Loan Date I Maturity Loan No Call / Coll Account Officer Initials $100,000.00 05 -29 -2008 06 -15 -2023 400216$82 1003 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 omitted due to text length limitations. Borrower: James A. Ball, Jr Lender: COMMERCE BANK /HARRISBURG N.A. Frances M. Ball HAMPDEN CENTER 6101 Westover Drive 4860 CARLISLE PIKE Mechanicsburg, PA 17050 MECHANICSBURG, PA 17055 (717) 975 -7546 Principal Amount: Interest Rate: 6.490% Date of Note: May 29, 2008 PROMISE TO PAY. I I "Borrower ") jointly and severally promise to pay to COMMERCE BANK /HARRISBURG N.A. ( "Lender "), or order, in lawful money of the United States of America, the principal amount of One Hundred Thousand & 00 1100 Dollars ($100,000.00), together with interest at the rate of 6.490% per annum an the unpaid principal balance from June 3, 2008, 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 my number of payments. PAYMENT. I will pay this loan in 180 payments of $872.63 each payment. My first payment is due July 15. 2008, and all subsequent payments are due on the same day of each month after that. My final payment will be due on June 15, 2023, and will be for all principal and all accrued interest not yet paid. Payments include principal and Interest. Unless otherwise agreed or required by applicable law, payments will be applied first to any accrued unpaid interest; then to principal; then to any late charges; and then to any unpaid collection costs. Interest on this Note is computed on a 365/365 simple interest basis; that is, by applying the ratio of the annual interest rate over the number of days in a year, multiplied by the outstanding principal balance, multiplied by the actual number of days the principal balance is outstanding. I will pay Lender at Lender's address shown above or at such other place as Lender may designate in writing. PREFERRED RATE REDUCTION. The interest rate on this Note includes a preferred rate reduction. 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 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. 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 Nate, and I will remain obligated to pay any further amount owed to Lender. All written communications concerning disputed amounts, including any check or other payment instrument that indicates that the payment constitutes "payment in full" of the amount owed or that is tendered with other conditions or limitations or as full satisfaction of a disputed amount must be mailed or delivered to: COMMERCE BANK /HARRISBURG N.A., LOAN SERVICING, PO BOX 4999 HARRISBURG, PA 17111 -0999. LATE CHARGE. If a payment is 15 days or more late, I will be charged 5.000% of the regularly scheduled payment. INTEREST AFTER DEFAULT. Upon default, including failure to pay upon final maturity, 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 any promise made to Lender or fail to perform promptly at the time and strictly in the manner provided in this Note or in any agreement related to this Note, or in any other agreement or loan I have with Lender. Default in Favor of Third Parties. i or any Grantor defaults under any loan, extension of credit, security agreement, purchase or sales agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of my property or my ability to repay this Note or perform my obligations under this Note or any of the related documents. False Statements. Any representation or statement made or furnished to Lender by me or on my behalf under this Note or the related documents is false or misleading in any material respect, either now or at the time made or furnished. Death or Insolvency. Any Borrower dies or becomes insolvent; a receiver is appointed for any part of my property; I make an assignment for the benefit of creditors; or any proceeding is commenced either by me or against me under any bankruptcy or insolvency laws. Taking of the Property. Any creditor or governmental agency tries to take any of the property or any other of my property in which Lender has a lien. This includes taking of, garnishing of or levying on my accounts with Lender. However, if I dispute in good faith whether the claim on which the taking of the property is based is valid or reasonable, and if I give Lender written notice of the claim and furnish Lender with monies or a surety bond satisfactory to Lender to satisfy the claim, then this default provision will not apply. Defective Collateralization. This Note or any of the related documents ceases to be in full force and effect {including failure of any collateral document to create a valid and perfected security interest or lien) at any time and for any reason. Collateral Damage or Loss. Any collateral securing this Note is lost, stolen, substantially damaged or destroyed and the loss, theft, substantial damage or destruction is not covered by insurance. Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party of any of the indebtedness or any guarantor, endorser, surety, .r 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. PROMISSORY NOTE Loan No: 400216882 (Continued) Page 2 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 receiving written notice from Lender demanding cure of such default: (11 cure the default within fifteen 05) 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 also to help collect this Note if I do not pay. 1 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. GOVERNING LAW. This Note will be governed by federal law applicable to Lender and, to the extent not preempted by federal law, the laws of the Commonwealth of Pennsylvania without regard to Its conflicts of law provisions. This Note has been accepted by Lender in the Commonwealth of Pennsylvania. RIGHT OF SETOFF. To the extent permitted by applicable law, Lender reserves a right of setoff in all my accounts with Lender (whether checking, savings, or some other account). This includes all accounts I hold jointly with someone else and all accounts I may open in the future. However, this does not include any IRA or Keogh accounts, or any trust accounts for which setoff would be prohibited by law. I authorize Lender, to the extent permitted by applicable law, to charge or setoff all sums owing on the indebtedness against any and all such accounts. COLLATERAL. I acknowledge this Note is secured by the following collateral described in the security instrument listed herein: a Mortgage dated May 29, 2008, to Lender on real property located in Cumberland County, Commonwealth of Pennsylvania. SUCCESSOR INTERESTS. The terms of this Note shall be binding upon me, and upon my heirs, personal representatives, successors and assigns, and shall inure to the benefit of Lender and its successors and assigns. NOTIFY US OF INACCURATE INFORMATION WE REPORT TO CONSUMER REPORTING AGENCIES. Please notify us if we report any inaccurate information about your account(s) to a consumer reporting agency. Your written notice describing the specific inaccuracy(ies) should be sent to us at the following address: COMMERCE BANK/HARRISBURG N.A. LOAN SERVICING 3801 PAXTON STREET HARRISBURG, PA 17111. 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 "1 ", "me ", and "my" mean each and all of the persons signing below. PRIOR TO SIGNING THIS NOTE, 1, AND EACH OF US, READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE AND THE NOTICE TO COSIGNER SET FORTH BELOW. I, AND EACH OF US, AGREE TO THE TERMS OF THE NOTE. I ACKNOWLEDGE RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE. THIS NOTE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS NOTE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. BORROWER: X fSeall X : ( Seal) A. Ball, Jr Frances M. Ball NOTICE TO COSIGNER You are being asked to guarantee this debt. Think carefully before you do. If the borrower doesn't pay the debt, you will have to. Be sure you can afford to pay if you have to, and that you want to accept this responsibility. You may have to pay up to the full amount of the debt if the borrower does not pay. You may also have to pay late fees or collection costs, which increase this amount. The Lender can collect this debt from you without first trying to collect from the borrower. The Lender can use the same collection methods against you that can be used against the borrower, such as suing you, garnishing your wages, etc. If this debt is ever in default, that fact may become a part of YOUR credit record. This notice is not the contract that makes you liable for the debt. LABOR Mq L—& Vs. 9.44.== 4 —d Fbm-W SW,tWw M,. 1997.7000 N,ths 14—. - "A %.1CMALM.W70.PC i1 XM PA-N U i I � � I { I { I I I l I I \J Parcel Identification Number: 10 -19 -1 604 -043 RECORDATION REQUESTED BY: COMMERCE BANK /HARRISBURG N.A. HAMPDEN CENTER 4560 CARLISLE PIKE MECHANICSBURG, PA 17055 W 1-117N RECORDED, 11U FT TO: E'QUt7'YLDAN,5AW1/167 1AV 1,100 .SV7. A VE7VI - .SU17E `lull f'LEVlI.AND. 01-HO 44114 N11 7 01VAt 1?EG) 1?D1NG —PA67' SEND TAX NOTICES TO: James A. Ball, Jr Frances M. Ball 6101 Westover Drive Mechanicsburg PA 17050 FOR RECORDER'S USE ONLY a7 MORTGAGE Amount Secured Hereby: $100,000.00 THIS MORTGAGE dated May 29, 2008, is made and executed between James A. Ball, Jr; and Frances M. Ball, whose address is 6101 Westover Drive, Mechanicsburg, PA 17050 (referred to below as "Grantor ") and COMMERCE BANK /HARRISBURG N.A., whose address is 4860 CARLISLE PIKE, MECHANICSBURG, PA 17055 (referred to below as "Lender "). GRANT OF MORTGAGE. For valuable consideration, Grantor grants, bargains, sells, conveys, assigns, transfers, releases, confirms and mortgages to Lender all of Grantor's right, title, and interest in and to the following described real property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all streets, lanes, alleys, passages, and ways; all easements, rights of way, all liberties, privileges, tenements, hereditaments, and appurtenances thereunto belonging or anywise made appurtenant hereafter, and the reversions and remainders with respect thereto; all water, water rights, watercourses and ditch rights (including stock In utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real property, Including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property ") located in Cumberland County, Commonwealth of Pennsylvania: 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 commons known as 6101 Westover Drive, Mechanicsburg, PA 17050. The Real Property parcel identification number Is 10 -19- 1604 -043. THIS MORTGAGE, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (Al PAYMENT OF THE INDEBTEDNESS AND JB) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER T141S 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 MORTGAGE Loan No: a (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 00) days' prior written notice to Lender and not containing any disclaimer of the insurer's liability for failure to give such notice. Each insurance policy also shall include an endorsement providing that coverage in favor of Lender will not be impaired in any way by any act, omission or default of Grantor or any other person. Should the Real Property be located in an area designated by the Director of the Federal Emergency Management Agency as a special flood hazard area, Grantor agrees to obtain and maintain Federal Flood Insurance, if available, within 45 days after notice is given by Lender that the Property is located in a special flood hazard area, for the full unpaid principal balance of the loan and any prior liens on the property securing the loan, up to the maximum policy limits set under the National Flood Insurance Program, or as otherwise required by Lender, and to maintain such insurance for the term of the loan. Tax and insurance Reserves. Upon request by Lender and subject to applicable law, Grantor shall pay to Lender each month on the day payments are due under the Note until the Note is paid in full, a sum ( "Escrow Funds ") equal to one - twelfth of (a) all annual taxes, special taxes, assessments, water charges and sewer service charges levied against or on account of the Property and (b) annual premiums for policies of fire insurance with all risks standard extended coverage required under this Mortgage ( "Escrow Items "). Lender may estimate the amount of Escrow Funds on the basis of current data and a reasonable estimate of future Escrow Items. All Escrow Funds shall be held by Lender and applied to pay the Escrow Items when due. Lender will not charge for holding and applying the Escrow Funds, analyzing the account, or verifying the Escrow Items, unless Lender pays Grantor interest on the Escrow Funds and applicable law permits Lender to make such a charge. Grantor and Lender may agree in writing that interest shall be paid on the Escrow Funds. Unless an agreement is made or applicable law requires interest to be paid, Lender shall not be required to pay Grantor any interest or earnings on the Escrow Funds. The Escrow Funds are pledged as additional security for the amounts secured by this Mortgage. If the MORTGAGE Loan No: ( Continued) Page 3 amount of the Escrow FumAnmds held by Lender, together with the future monthly payments of Escrow Funds prior to the due dates of the Escrd "'ow Items, shall exceed the amount required to pay the Escrow Items when due, the excess shall be, at Grantor option, either promptly repaid to Grantor or credited to Grantor in scheduled payments of Escrow Funds. If the :amount of the Escrow Funds held by Lender is not sufficient to pay the Escrow Items when due, Grantor shall p 3eay to Lender any amount necessary to make up the deficiency in one or more payments as required by Lender. Lender's Expenditures. Iif Grantor fails (1) to keep the Property free of all taxes, liens, security interests, encumbrances, and other jz ::�= laims, (2) to provide any required insurance on the Property, (3) to make repairs to the Property or to complyw with any obligation to maintain Existing Indebtedness in good standing as required below, then Lender may e. mo so. If any action or proceeding is commenced that would materially affect Lender's interests in the Property, « 1 - - ien Lender on Grantor's behalf may, but is not required to, take any action that Lender believes to be appropriate -r_o protect Lender's interests. All expenses incurred or paid by Lender for such purposes will then bear interest at tr• 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; (Z ) be added to the balance of the Note and be apportioned among and be payable with any installment payments rA become due during either (al 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 obliga-t =ion to Lender for all such expenses shall survive the entry of any mortgage foreclosure judgment. Warranty; Defense of Titles- The following provisions relating to ownership of the Property are a part of this Mortgage: Title. Grantor warrarwts 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 o r in the Existing IndP� accepted by, Lender s in connection with this Mortgage, and (b) Grantor has the or in any titl insu ti re n issued I right, power, and auth Y issued in favor of, an sprit 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 Propert -? against the lawful claims of all persons. Existing Indebtedness. The' following provisions concerning Existing Indebtedness are a part of this Mortgage: Existing Lien. The limn of this Mortgage securing the Indebtedness may be secondary and inferior to an existing lien. Grantc>�x 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 Grantor pays all the Indebtedness when due, and otherwise performs all the obligations imposed upon Grantor under this Mortgage, Lender shall execute and deliver to Grantor a suitable satisfaction of this Mortgage and suitabl+O statements of termination of any financing statement on file evidencing Lender's security interest in the Flerits 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 L option, Grantor will be in default under this Mortgage if any of the following happen: Payment Default. G fails to make any payment when due under the Indebtedness. Default on Other P Failure of Grantor within the time required by this Mortgage to make any payment for taxes or insurance, or any other payment necessary to prevent filing of or to effect discharge of any lien. Break Other Promises- Grantor breaks any promise made to Lender or fails to perform promptly at the time and strictly in the manner provided in this Mortgage or in any agreement related to this Mortgage, Default in Favor of Third Parties. Should Grantor default under any loan, extension of credit, security agreement, purchase or sales agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of Grantor's property or Grantor's ability to repay the Indebtedness or Grantor's ability to perform Grantor's obligations under this Mortgage or any related document. Death or Insolvency- The death of Grantor, the insolvency of Grantor, the appointment of a receiver for any part of Grantor's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Grantor. 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 MORTGAGE Loan No: (Continued) Page 4 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 Grantor under the terms of any other agreement between Grantor and Lender that is not remedied within any grace period provided therein, including without limitation any agreement concerning any indebtedness or other obligation of Grantor to Lender, whether existing now or later. Events Affecdng 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 receiving written notice from Lender demanding cure of such default: (a) cures the default within fifteen (15) days; or (b) if the cure requires more than fifteen 115) days, immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. Rights and Remedies on Default. Upon the occurrence of an Event of Default and at any time thereafter, Lender, at Lender's option, may exercise any one or more of the following rights and remedies, in addition to any other rights or remedies provided by law: Accelerate Indebtedness. Lender shall have the right at its option, after giving such notices as required by applicable law, to declare the entire Indebtedness immediately due and payable. UCC Remedies. With respect to all or any part of the Personal Property, Lender shall have all the rights and remedies of a secured party under the Uniform Commercial Code. Judicial Foreclosure. Lender may obtain a judicial decree foreclosing Grantor's interest in all or any part of the Property. Nonjudicial Sale. If permitted by applicable law, Lender may foreclose Grantor's interest in all or in any part of the Personal Property or the Real Property by non- judicial sale. Other Remedies. Lender shall have all other rights and remedies provided in this Mortgage or the Note or available at law or in equity. Sale of the Property. To the extent permitted by applicable law, Grantor hereby waives any and all right to have the Property marshalled. In exercising its rights and remedies, Lender shall be free to sell all or any part of the Property together or separately, in one sate 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 and title insurance, to the extern 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 MORTGAGE Loan No: (Continued) Page 5 preempted by federal law, the laws of the Commonwealth of Pennsylvania without regard to its conflicts of law provisions. This !i'ortgage has been accepted by Lender in the Commonwealth of Pennsylvania. Time is of the Essence- -''e• Time is of the essence in the performance of this Mortgage. Definitions. The following words shall have the following meanings when used in this Mortgage: Borrower. The word , "Borrower" means James A. Ball, Jr; and Frances M. Ball and includes all co- signers and co- makers signing thr-_ Note and all their successors and assigns. Environmental Laws. The words "Environmental Laws" mean any and all state, federal and local statutes, regulations and ordin�tiinces relating to the protection of human health or the environment, including without limitation the Compre ti - pensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section C_ - *01, 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 Conserl,'"ation and Recovery Act, 42 U.S.C. Section 6901, et seq., or other applicable state or federal laws, rules, o,' regulations adopted pursuant thereto. Event of Default. Thy 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 Indebtadnes:s .-- The words "Existing Indebtedness" mean the indebtedness described in the Existing Liens provision of thiS4, Mortgage. Grantor. The word " rarantor" means James A. Ball, Jr; and Frances M. Ball. Guaranty. The wort'' "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation party to Lender, inclu cJing without limitation a guaranty of all or part of the Note. Indebtedness. The *__='':3rd "Indebtedness" means all principal, interest, and other amounts, costs and expenses p ayable under the N . r.e or Related Documents, together with all renewals of, extensions of, modifications of, consolidations of any "I substitutions for the Note or Related Documents and any amounts expended or advanced by Lender „o 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 "Under" means COMMERCE BANK /HARRISBURG N.A., its successors and assigns. The words "successors or assigns" mean any person or company that acquires any Interest in the Note. Mortgage. The word *'Mortgage" means this Mortgage between Grantor and Lender. Note. The word , N;Cate" means the promissory note dated May 29, 2008, in the original principal amount of $100 • 000.00 from Grantor to Lender, together with all renewals of, extensions of, modifications of, r efinancings of, consolidations of, and substitutions for the promissory note or agreement. NOTICE TO GRANTO R: THE NOTE CONTAINS A VARIABLE INTEREST RATE. Personal Property 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 s ale 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, environrr^ental agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness. Rents. The word "Rents" means all present and future rents, revenues, income, issues, royalties, profits, and other benefits derived from the Property. MORTGAGE Loan No: (Conti hied) Page 6 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: (Seal) A. Ball, Jr X.-. :..(Seal) Frances M. Bali CERTIFICATE OF RESIDENCE I hereby certify, that the precise address of the mortgagee, COMMERCE BANK/HARRISBURG N.A., herein is as follows: HAMPDEN CENTER, 4860 CARLISLE PIKE, MECHANICSBURG, PA 17056 o n or Agent for Mortgagee INDIVIDUAL ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF �Q��' I On tWs Tr/ _ day of 1042 20 � , before me e undersigned Notary./Public, personally appeared James A. Ball, Jr and Frances M. Bail, kno n 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. 1 BN�tI�U�IE ' 1 wher of 1 hereunto set my hand and official CALT�f 6F PENNSYLVANIA Notarial Seal Nathan I. Porter, Notary Public FainriewTwp., York County Notary Public in and for the State of Pf-i My Commission Expires Nov 21, 2011 Member, Pennsylvania Association of Notaries LASER PRO Lending, Ver. 5.40.00.003 Copr. Harland Financial Solutions, Inc. 1997, 2008. All Rights Reserved. PA S:1CFI1LPL1G03.FC TR -26737 PR -74 EXHIBIT A All that certai =z property situated in the Township of Hampden, in the County of Cumberland, Commonwealth of Pennsylvania , and being described as follows: 10 -19 -1604 -043. Being more fully described in a deed dated 08/09/80 and re corded 09/02/80, among the land records of the County and Stat �a set forth above, in Deed Volume B -29 and Page 847. Permanent Pa=ce Number: 1 0- 19- 1604 -043 JAMES A. BALL, :�7R. AND FRANCES M. BALL, HIS WIFE 6101 WESTOVER :DIVE, MECHAN ICSBURG PA 17050 Loan Reference Number 2 587 /COMERCE3 First American order No: 37482247 Identifier: K .-ST AMERICAN LENDERS ADVANTAGE 1111 1] BIII111 BALL 37482247 PA FIRST AMERICAN ELS MORTGAGE IIIIIIIIIII111 lIllilllii(llHllllllll! �I� lilllill ROBERT P. ZIEGLER RECORDER OF DEEDS •._�.., CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717 - 240 -6370 9 o . r . Instrument Plumber - 200820799 Recorded On 6/20/2008 At 16:55:37 AM * Total Pages - 8 • Instrument Type - MORTGAGE Invoice Number - 23457 User ID - KW • Mortgagor - BALL, JAMES A JR • Mortgagee - COMMERCE BA.NK/HBG N A • Customer - FIRST AMERICAN * FEES STATE WRIT TAX $0.50 Certification Page STATE JCS /ACCESS TO $10.00 JUSTICE DO NOT DETACH RECORDING FEES — $17.50 RECORDER OF DEEDS This page is now part AFFORDABLE SOUSING $11 of this legal document. COUNTY ARCHIVES FEE $2.00 g ROD ARCHIVES FEE $3.00 TOTAL PAID $44.50 I Certify this to be recorded in Cumberland County PA * cu RECORDER O D DS r�ao Information denoted by an asterisk may change during the verification process and may not be reflected on this page. 00 Ilflillllllil111 III IIIIIIIII �� C METRO 3801 Pa.; 'on Sgreet BANK Hai0s Jur g' , PA 17T 11 mvmetrotan - or n July 15, 2013 ACT 6/91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mort1jalle on your home is in default and the lender intends to foreclose. Sp ecific information about the nature of the default is provided in the attached pages. The HO MEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROG ( 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 WITH 33 DAYS OF THE DATE OF THIS NOTICE Take this Notice wi you whe you meet with the Counseling Agency. The name address and j2hone number of Consumer Credit Counseling Agencies serving y our Count 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. JAMES A BALL JR AND FRANCES M BALL 6101 WESTOVER DR MECHANICSBURG PA 17050 Property Address – 6101 Westover Drive Mechanicsburg, PA 17050 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 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 A HEMAP APPLICA TION AS SOON AS POSSIBLE IF YOU HA VE A MEETING WITH COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICA TION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPOR,4RILYPREVENTED FROMSTARTINGA FORECLOSUREAGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE' YO U HA VE 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 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 u to date). NATURE OF THE DEFAULT —The MORTGAGE debt held by the above lender on your property located at: – 6101 Westover Drive Mechanicsburg, PA 17050 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: B. Februlary 15the $872.63, March 15" $872.63, April 15" $872.63, May 15 $872.63 June 15" $872.63 C. Late fees $174.52 TOTAL AMOUNT PAST DUE: $ 4,537.67, due $ 02/15/2013. D. 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 4,537.67 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Pa yments 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 mortg 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 cur the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fee 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 right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale You ma do so by paying the total amount then past due plus any late or other charges then due reasonable attorney's fees and costs connect 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 - 62176893 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 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, may 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. C ` I, Hasler FIRST- CL`.SS MAIL 4{ r I BA K Harib g, PA 17111 1r T TEi3 F• L �,F fd �, X 1 1 P 2 7 l i i 7012 3050 0001 4112 4573 REQU James A Ball Jr. k y . 6101 Westover Drive k A. 4, ,Mechanicsburg, PA 17050 .4 AZLE TO �ORWARD • - :�i r P� S-. R 3i�� �'SR V - � `kY'il�� u .�'�f�Y `�i TV t ilE t �4.;� 11 f 1{ i�t�i�� ,�i_! �r8�1�phi �. 1 M i "TRO Hasler FIRST -CLASS M,AL '` ''`' a.i�ip BANK �,[ 3801 Paxton Street .x `�. Harrisburg, PA 17111: p ZIP 1 7111 7012 3050 0001 4112 45801 � C,1 1 D 1.1260146' I IV 'Teo s a IL a Frances M. Ball �;� 6101 Westover Drive r� Mechanicsburg, F 4 -qT WITICE J U1KC:i.h.Ih1E�t ! e FORM 1 -�• w . - t METRO BANK, F /K/A COMMERCE IN THE COURT OF COMMON PLEAS OF = m M BANK/HARRISBURG N.A. CUMBERLAND COUNTY, PENNSYLVANIA 7 t Plaintiff(s) r V5. _CT; JAMES A. BALL, JR. and FRANCES M. I Cn BALL v J _ Defendant(s) Civil NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure 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 a lawyer you must take the following steps to be eligible for a conciliation conference. First within twenty (20) days of your receipt of this notice, you must contact MidPenn 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 (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial 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 of the service upon you of the foreclosure complaint. IF you do 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 are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer 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 of the foreclosure complaint. If you do 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 S f Co sel 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: w ' 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 gayinf) 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: AUTHORIZATION 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 = ,von t1 t:.wt All�kCt fit} Jody S Smith Chief Deputy � ' k �� �Q� Richard W Stewart ;I l"1E3 irl t,liJC3 'r' Solicitor "- PEt NSYLVAHIA Metro Bank F/K/A Commerce Bank/Harrisburg N.A. vs. Case Number James A. Ball, Jr. (et al.) 2013-5480 SHERIFF'S RETURN OF SERVICE 09/24/2013 08:32 PM -Deputy Jamie DiMartle, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: James A. Ball, Jr. at 6101 Westover Drive, Hampden Township, Mechanicsburg, PA 17050. WQ .LCD J IE DIMAR EPUTY 09/24/2013 08:32 PM - Deputy Jamie DiMartle, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Frances Ball at 6101 Westover Drive, Hampden Township, Mechanicsburg, ,PA�,17050. p a1 �D J IE DIMAEPUTY SHERIFF COST: $55.76 SO ANSWERS, 67 September 25, 2013 RONNY R ANDERSON, SHERIFF tO''' 26 �tF 1: 12 ,TJHBERLA D COUNTY 7ENNSYLVAN 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, f/k/a Commerce : IN THE COURT OF COMMON PLEAS OF Bank/Harrisburg, N.A. : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : DOCKET NO. 13-5480 —Civil v. : MORTGAGE FORECLOSURE JAMES A. BALL, JR. and FRANCES M. : BALL, Defendants MOTION TO TERMINATE TEMPORARY STAY UNDER RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM The Plaintiff, Metro Bank, f/k/a Commerce Bank/Harrisburg, N.A. ("Metro"), files this Motion to Terminate Temporary Stay Under Residential Mortgage Foreclosure Diversion Program against James A. Ball, Jr. and Frances M. Ball ("Defendants") as follows: BACKGROUND 1. On May 29, 2008, Defendants executed a Promissory Note in favor of Metro (the "Note"). 2. Defendants' payment and performance obligations under the Note are secured by a Mortgage (the "Mortgage") dated May 29, 2008 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 July 15, 2013, mailed to the Defendants. PROCEDURAL HISTORY 4. This action was commenced on September 18, 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 the Defendants with both the Complaint and Notice on September 24, 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: /(fl41 )1,' Melani L. Vanderau, Esquire Sup. Ct. ID No. 203167 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Attorneys for Plaintiff Date: November 25, 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: James A. Ball, Jr. 6101 Westover Drive Mechanicsburg, PA 17050 Frances M. Ball 6101 Westover Drive Mechanicsburg, PA 17050 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: November 25, 2013 4 I METRO BANK, f/k/a Commerce : IN THE COURT OF COMMON PLEAS OF 1 Bank/Harrisburg, N.A. : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : DOCKET NO. 13-5480 —Civil v. : MORTGAGE FORECLOSURE JAMES A. BALL, JR. and FRANCES M. : BALL, Defendants ORDER AND NOW THIS 3 day of ' , 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: 4-it( J. E.$ I •C.3t 1E4 r i 1947 t)4A-361.€12-4114-‘ -4- - J . 12aLL c) 4.J 2113 684358v1 1 v. 'EvNNSYLUANIA 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, f/k/a Commerce IN THE COURT OF COMMON PLEAS OF Bank/Harrisburg, N.A. CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. DOCKET NO. 13-5480—Civil JAMES A. BALL, JR. and FRANCES M. MORTGAGE FORECLOSURE BALL, 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, f/k/a Commerce Bank/Harrisburg,N.A. and against the Defendants James A. Ball, Jr. and Frances M. Ball 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$49,407.67 calculated as follows: in i�7y AIALc_/q� Principal $48,413.17 Interest as of September 6, 2013 $427.22 Late Fees as of September 6, 2013 $261.78 Unpaid Loan Fees: $55.50 Attorney's Fees: $250.00 Total $49,407.67* *Interest accruing at the per diem rate of$8.61, costs and attorneys' fees continue to accrue from September 6, 2013. 1 hereby certify that the Notices of Default attached hereto as Exhibit "A" were forwarded to Defendants James A. Ball, Jr. and Frances M. Ball 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: W Melanie L. Vafiderau, 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: December 24, 2013 fx I,- b ,-f r 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 December 9, 2013 James A. Ball,Jr. Certificate of Mailing 6101 Westover Drive Mechanicsburg,PA 17050 Re: Metro Bank,f/k/a Commerce Bank/Harrisburg,N.A. v. James A. Ball, Jr. and Frances M. Ball Cumberland County C. C. P.; No.: 13-5480-Civil Dear Mr. Ball: Enclosed you will find an Important Notice in the above-referenced matter. Please respond accordingly. Very truly yours, Melanie L. Vanderau MLV/pml UNITED STATES Certificate Of � 0° m " iNPOSTALSERVICEs Mailin g 3 N N This Certificate of Mailing provides evidence that mail has been resented to USPS®for mailing. I m W This form may be used for domestic and international mail. p d 0 From: Melanie L. Vanderau, Esquire v METTE, EVANS & WOODSIDE , O 3401 North Front Street, 2n o? 0. x1 ' r- L �a�' TN Harrisburg, PA 17110-0950 . a F �s� Q CD N(1 C�o 2 James A. Ball Jr. 6101 Westover Drive Mechanicsburg, PA 17050 PS Form 3817,April 2007 PSN 7530-02-000-9065 METRO BANK, flkla Commerce IN THE COURT OF COMMON PLEAS OF Bank/Harrisburg,N.A. CUMBERLAND COUNTY,PENNSYLVANIA Plaintiff DOCKET NO. 13-5480—Civil V. MORTGAGE FORECLOSURE JAMES A. BALL, JR. and FRANCES M. BALL, Defendants TO: James A. Ball, Jr. 6101 Westover Drive Mechanicsburg, PA 17050 DATE OF NOTICE: December 9, 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, Mel e 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: December 9, 2013 METTE, EVANS &WOODSME A PROFESSIONAL CORPORATION ATTORNEYS AT LAW HOWELL C.METTE THOMAS F.SMIDA 3301 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.BOY HARRISRURG,PA 17110-0950 RANDALL G.BURST** PETER J.RESSLER THOMAS A.ARCHER* MELISSA I.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 I.FINCK KEVIN J.HAYES KATHRYN L.SIMPSON HEATHER Z.KELLY TELEPHONE FACSIMILE (717)232-5000 (717)236-1816 TOLL FREE: 1-800-962-5097 IITTP;//W W W.METTE.CCM December 9, 2013 Frances M. Ball Certificate of Mailing 6101 Westover Drive Mechanicsburg, PA 17050 Re: Metro Bank,flkla Commerce BanklHarrisburg,N.A. v. James A. Ball, Jr. and Frances M. Ball Cumberland County C. C.P.; No.: 13-5480-Civil Dear Mrs. Ball: Enclosed you will find an Important Notice in the above-referenced matter. Please respond accordingly. Very truly yours, -fi�16Nfq Melanie L. Vanderau MLV/pml Enclosure A2UNITED STATES Certificate Of ;'3 � 0 PQSTAL_VF1?V10Ea Mailing �> m G LLJ This Certificate of Malting provides evidence that mail has been presented to UBPSO for mailing. 0() 0 This form may be used for domestic and international mail. 1S i Ul From: ' ra e ¢} t1 Melanie ,L. Vanderau, Esquire N METTE, EVANS & WOODSIDE as+ s ' rv- o 3401 North Front Street, 2 u N" ° �f a � L Harrisburg, PA 17110--09 s N To: Frances M. Ball Jr. nrC 0 Q M ` ' '�:IL 6101 Westover Drive Mechanicsburg, PA 17050 METRO BANK, f/k/a Commerce IN THE COURT OF COMMON PLEAS OF Bank/Harrisburg,N.A. CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff DOCKET NO. 13-5480—Civil V. MORTGAGE FORECLOSURE JAMES A. BALL, JR. and FRANCES M. BALL, Defendants TO: Frances M. Ball 6101 Westover Drive Mechanicsburg, PA 17050 DATE OF NOTICE: December 9, 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, Melame 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: December 9, 2013 686938v1 METRO BANK, f/k/a Commerce IN THE COURT OF COMMON PLEAS OF Bank/Harrisburg,N.A. CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. DOCKET NO. 13-5480—Civil JAMES A. BALL, JR. and FRANCES M. MORTGAGE FORECLOSURE BALL, Defendants NOTICE OF ENTRY OF JUDGMENT TO: James A. Ball, Jr. 6101 Westover Drive Mechanicsburg, PA 17050 You are hereby notified that on December , 2013, Judgment was entered against you in the above-captioned case. Oct Date: � q rothonotary METRO BANK, f/k/a Commerce IN THE COURT OF COMMON PLEAS OF Bank/Harrisburg,N.A. CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. DOCKET NO. 13-5480—Civil JAMES A. BALL, JR. and FRANCES M. MORTGAGE FORECLOSURE BALL, Defendants NOTICE OF ENTRY OF JUDGMENT TO: Frances M. Ball b 101 Westover Drive Mechanicsburg, PA 17050 You are hereby notified that on December , 2013, Judgment was entered against you in the above-captioned case. rr Prothonotary METRO BANK, f/k/a Commerce IN THE COURT OF COMMON PLEAS OF Bank/Harrisburg,N.A. CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. DOCKET NO. 13-5480—Civil JAMES A. BALL, JR. and FRANCES M. MORTGAGE FORECLOSURE BALL, 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$49,407.67 for Plaintiff Metro Bank, f/k/a Commerce Bank/Harrisburg, N.A. and against Defendants James A. Ball, Jr. and Frances M. Ball together with interest, attorneys fees, costs and expenses from the date of judgment until paid in full. Date: Prothonotary 1 13 Dec 2b FM 2� �ENNS►'l..VA"41A 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) mlva,nderau@mette.com Attorneys for Plaintiff METRO BANK, f/k/a Commerce IN THE COURT OF COMMON PLEAS OF Bank/Harrisburg,N.A. CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. DOCKET NO. 13-5480 —Civil JAMES A. BALL, JR. and FRANCES M. MORTGAGE FORECLOSURE BALL, Defendants CERTIFICATE OF RESIDENCE I hereby certify that the names and addresses of the proper persons to receive this notice are: James A. Ball, Jr. Frances M. Ball 6101 Westover Drive 6101 Westover Drive Mechanicsburg, PA 17050 Mechanicsburg, PA 17050 Respectfully submitted, METTE, EVANS & WOODSIDE By: 41(494� Mela ie L. Van erau, Esquire Sup. Ct. ID No. 203167 3401 N. Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 Attorneys for Plaintiff Date: December 24, 2013 X3 0-c 26 PH 2• I ' 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, f/k/a Commerce IN THE COURT OF COMMON PLEAS OF Bank/Harrisburg,N.A. CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. DOCKET NO. 13-5480—Civil JAMES A. BALL, JR. and FRANCES M. MORTGAGE FORECLOSURE BALL, 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 James A. Ball, Jr. and Frances M. Ball 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: 010� �--� Melanie L. Vanderau, Esquire Sup. Ct. ID No. 203167 3401 N. Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 Attorneys for Plaintiff Date: December 24, 2013 690121v1 4,1 R FE 28 ((��l j! 2: 22 iNF LARD COUNTY ,i 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) mlvandearu @mette.com Attorneys for Plaintiff METRO BANK, f/k/a Commerce : IN THE COURT OF COMMON PLEAS OF Bank/Harrisburg,N.A. : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : DOCKET NO. 13-5480-Civil v. : CIVIL ACTION—LAW JAMES A. BALL, JR. and FRANCES M. : BALL, : MORTGAGE FORECLOSURE Defendants PRAECIPE FOR WRIT OF EXECUTION (Mortgage Foreclosure) To the Prothonotary: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. a * £s• SO �� �S 'bk..(-4 ' s.`7(� F - sou.- 6V96t. s ( Ib°E0 P ‘A.A tc ` ll Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs, upon the following described property of the defendant: (1) 6101 Westover Drive, Mechanicsburg, Hampden Township, Cumberland County, Pennsylvania, 17050. Tax Parcel No. 10-19-1604-043 Issue writ of execution in the above matter: Amount Due (Judgment Amount) $49,407.67 Interest from (12/26/13 date of judgment) through 6/4/14 date of sale at the per diem rate of$8.61): $1,386.21 (Costs to be added) $ METTE, EVANS & WOODSIDE i )14/614{4 L. Vanderau, Esquire Sup. Ct. I.D. 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: February 27, 2014 U 9 11 �+r v t �,.0 FF,"'j J- ; ,8-t1L A PE ASY �0IAI 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) mlvandearu@mette.com Attorneys for Plaintiff METRO BANK, f/k/a Commerce : IN THE COURT OF COMMON PLEAS OF Bank/Harrisburg,N.A. : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : DOCKET NO. 13-5480-Civil v. : CIVIL ACTION— LAW JAMES A. BALL, JR. and FRANCES M. : BALL, : MORTGAGE FORECLOSURE Defendants AFFIDAVIT PURSUANT TO RULE 3129.1 Metro Bank sets forth as of the date the Praecipe for Issuance of the Writ of Execution was filed the following information concerning the real property located at 6101 Westover Drive, Mechanicsburg, Hampden Township, Cumberland County, Pennsylvania 17050 (Parcel No. 10- 19-1604-043), as more particularly described on Exhibit "A" attached hereto: 1. Name and address of owner or reputed owner(s): James A. Ball Frances M. Ball 6101 Westover Drive Mechanicsburg, PA 17050 2. Name and address of the Defendant(s) in the judgment: James A. Ball Frances M. Ball 6101 Westover Drive Mechanicsburg, PA 17050 3. The name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: (a) Metro Bank 3801 Paxton Street Harrisburg, PA 17111 (No. 2013-5480) 4. The name and address of the last recorded holder of every mortgage of record: (a) USAA Federal Savings Bank 10750 McDermott Freeway San Antonia, TX 78288-0568 (b) Metro Bank 3801 Paxton Street Harrisburg, PA 17111 5. The name and address of every other person who has any record lien on the property: None known 6. The name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: (a) Cumberland County Tax Claim Bureau 1 Courthouse Square Old Courthouse, Room 106 Carlisle, PA 17013 (b) American Express 4315 S. 2700 W Salt Lake City, UT 84184 (No. 2013-7207) (c) Michael F. Ratchford, Esquire 120 N. Keyser Avenue Scranton, PA 18504 (No. 2013 — 7207) 7. The name and address of every other person of whom the plaintiff has any knowledge who has any interest in the property which may be affected by the sale: (a) Cumberland County Domestic Relations 13 North Hanover Street Carlisle, PA 17013 (b) PA Department of Welfare Bureau of Child Support Enforcement 1303 North 7th Street Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my information and belief I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Melani L. Vanderau, Esquire Attorney for Plaintiff Dated: February 27, 2014 EXHIBIT "A" LEGAL DESCRIPTION Tax Parcel No. 10-19-1604-043 ALL THAT CERTAIN LOT OF LAND SITUATE IN THE Township of Hampden, County of Cumberland and State of Pennsylvania, more particularly described as follows, to wit: BEGINNING at a point on the northeastern line of Westover Drive, which point is the line dividing Lots Nos. 17 and 18, on the hereinafter mentioned Plan of Lots; thence along the said line north 35 degrees 05 minutes east, One Hundred Forty-Five and Ten One-Hundredths (145.10) feet to a point on lands now or late of Lucy G. Weibley; thence along the said land south 60 degrees 47 minutes east, One Hundred Five and Fifty- Five One-Hundredths (105.55) feet to a point on the northwestern line of Skyport Road; thence along Skyport Road south 35 degrees 05 minutes west, One Hundred Fifty-Five and Eighty-Nine One Hundredths (155.89) feet to a point of intersection of Skyport Road and Westover Drive; thence along Westover Drive north 54 degrees 55 minutes west, One Hundred Five (105) feet to a point, the place of BEGINNING. BEING Lot No 17, Plan No. 1 of The Village of Westover, which Plan is recorded in the Cumberland County Recorder's Office in Plan Book 16, Page 74. Having thereon erected a dwelling known and numbered at 6101 Westover Drive. BEING the same premises which Donald L. Redden and Anna S. Redden, by Deed dated August 9, 1980 and recorded on September 2, 1980 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book B-29, Page 847, granted and conveyed unto James A. Ball, Jr. and Frances M. Ball. t, 26 I ILA: 2 3 ' 2: 23 CUMBERLAND COUNTY PENNSYLVANIA METRO BANK, f/k/a Commerce : IN THE COURT OF COMMON PLEAS OF Bank/Harrisburg, N.A. : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : DOCKET NO. 13-5480-Civil v. : CIVIL ACTION—LAW JAMES A. BALL, JR. and FRANCES M. : BALL, : MORTGAGE FORECLOSURE Defendants NOTICE OF SHERIFF'S SALE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE RULE 3129.2 TAKE NOTICE: That the Sheriff's Sale of Real Property (real estate) will be held: DATE: WEDNESDAY, JUNE 4, 2014 TIME: 10:00 a.m. Eastern Time LOCATION: Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 THE PROPERTY TO BE SOLD, is delineated in detail in legal descriptions mainly consisting of a statement of the measured boundaries of the property. (SEE METES AND BOUNDS DESCRIPTION ATTACHED HERETO AT EXHIBIT "A") This property has been improved by buildings and certain other improvements. THE LOCATION of the property to be sold is: 6101 Westover Drive, Mechanicsburg, Hampden Township, Cumberland County, Pennsylvania 17050 (Parcel No. 10-19-1604-043) THE JUDGMENT under or pursuant to which the properties are being sold is docketed to: No. 2013-5480-Civil THE NAME OF THE OWNERS OR REPUTED OWNERS OF THIS PROPERTY ARE: James A. Ball, Jr. and Frances M. Ball A SCHEDULE OF DISTRIBUTION, being a list of persons, and/or governmental or corporation entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff(for example to banks that hold mortgages or municipalities that are owed taxes) will be filed on a date specified by the Sheriff not later than thirty (30) days after the sale and distribution of the proceeds of sale in accordance with the Schedule that will be made unless exceptions are filed thereto within ten (10) days after the filing of the Schedule. Information about the Schedule of Distribution may be obtained from the Sheriff of Cumberland County, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a Judgment against you. It may cause your property to be held, to be sold or to be taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Cumberland County Lawyer Referral Service 32 South Bedford Street Carlisle, PA 17013 1-800-990-9108 —(717)-249-3166 The legal rights you may have are: 1. You may file a petition with the Court of Common Pleas of Cumberland County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure against you. 2. After the Sheriffs Sale you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriff's Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County. The petition must be served on the attorney for the creditor or on the creditor before representation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, 1 Courthouse Square, Carlisle, PA, before the presentation of the petition to the Court. 4. A copy of the Writ of Execution is attached hereto at Exhibit"B ". SHERIFF OF CUMBERLAND COUNTY / F • EXHIBIT "A" LEGAL DESCRIPTION Tax Parcel No. 10-19-1604-043 ALL THAT CERTAIN LOT OF LAND SITUATE IN THE Township of Hampden, County of Cumberland and State of Pennsylvania, more particularly described as follows, to wit: BEGINNING at a point on the northeastern line of Westover Drive, which point is the line dividing Lots Nos. 17 and 18, on the hereinafter mentioned Plan of Lots; thence along the said line north 35 degrees 05 minutes east, One Hundred Forty-Five and Ten One-Hundredths (145.10) feet to a point on lands now or late of Lucy G. Weibley; thence along the said land south 60 degrees 47 minutes east, One Hundred Five and Fifty- Five One-Hundredths (105.55) feet to a point on the northwestern line of Skyport Road; thence along Skyport Road south 35 degrees 05 minutes west, One Hundred Fifty-Five and Eighty-Nine One Hundredths (155.89) feet to a point of intersection of Skyport Road and Westover Drive; thence along Westover Drive north 54 degrees 55 minutes west, One Hundred Five (105) feet to a point, the place of BEGINNING. BEING Lot No 17, Plan No. 1 of The Village of Westover, which Plan is recorded in the Cumberland County Recorder's Office in Plan Book 16, Page 74. Having thereon erected a dwelling known and numbered at 6101 Westover Drive. BEING the same premises which Donald L. Redden and Anna S. Redden, by Deed dated August 9, 1980 and recorded on September 2, 1980 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book B-29, Page 847, granted and conveyed unto James A. Ball, Jr. and Frances M. Ball. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 13-5480 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due METRO BANK F/K/A COMMERCE BANK/HARRISBURG N.A. Plaintiff(s) From JAMES A. BALL,JR.,AND FRANCES M. BALL (1) You are directed to levy upon the property of the defendant(s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s)not levied upon in the possession of GARNISHEE(S)as follows: and to notify the garnishee(s)that: (a)an attachment has been issued; (b)the garnishee(s) is enjoined from paying any debt to or for the account of the defendant(s)and from delivering any property of the defendant (s)or otherwise disposing thereof; (3) If property of the defendant(s)not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee,you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $49,407.67 L.L.: $.50 Interest FROM(12/26/13 DATE OF JUDGMENT)THROUGH 6/4/14 DATE OF SALE AT THE PER DIEM RATE OF$8.61 -$1,386.21 Atty's Comm: Due Prothy: $2.25 Atty Paid: $204.51 Other Costs: Plaintiff Paid: Date: 2/28/14 ---124.jeta �up David D.B ell,Prothono (Seal) B : I i� . //_ Deputy REQUESTING PARTY: Name: MELANIE L.VANDERAU,ESQUIRE Address: METTE,EVANS& WOODSIDE 3401 NORTH FRONT STREET P.O.BOX 5950 HARRISBURG,PA 17110-0950 Attorney for: PLAINTIFF Telephone: 717-232-5000 Supreme Court ID No.203167 METRO BANK, f/k/a Commerce Bank/Harrisburg, N.A. Plaintiff v. PRO ilIONO 7;,-t CU/ VERL AN 48/n Y< < fI �tb` r y PENA'S : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO. 13 -5480 -Civil : CIVIL ACTION — LAW JAMES A. BALL, JR. and FRANCES M. : BALL, : MORTGAGE FORECLOSURE Defendants AMENDED NOTICE OF SHERIFF'S SALE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE RULE 3129.2 TAKE NOTICE: That the Sheriff's Sale of Real Property (real estate) will be held: DATE: Wednesday, September 3, 2014 TIME: 10:00 a.m. Eastern Time LOCATION: Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 THE PROPERTY TO BE SOLD, is delineated in detail in legal descriptions mainly consisting of a statement of the measured boundaries of the property. (SEE METES AND BOUNDS DESCRIPTION ATTACHED HERETO AT EXHIBIT "A") This property has been improved by buildings and certain other improvements. THE LOCATION of the property to be sold is: 6101 Westover Drive, Mechanicsburg, Hampden Township, Cumberland County, Pennsylvania 17050 (Parcel No. 10-19-1604-043) THE JUDGMENT under or pursuant to which the properties are being sold is docketed to: No. 2013 -5480 -Civil THE NAME OF THE OWNERS OR REPUTED OWNERS OF THIS PROPERTY ARE: James A. Ball, Jr. and Frances M. Ball A SCHEDULE OF DISTRIBUTION, being a list of persons, and/or governmental or corporation entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages or municipalities that are owed taxes) will be filed on a date specified by the Sheriff not later than thirty (30) days after the sale and distribution of the proceeds of sale in accordance with the Schedule that will be made unless exceptions are filed thereto within ten (10) days after the filing of the Schedule. Information about the Schedule of Distribution may be obtained from the Sheriff of Cumberland County, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a Judgment against you. It may cause your property to be held, to be sold or to be taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Cumberland County Lawyer Referral Service 32 South Bedford Street Carlisle, PA 17013 1-800-990-9108 — (717)-249-3166 The legal rights you may have are: 1. You may file a petition with the Court of Common Pleas of Cumberland County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure against you. 2. After the Sheriff's Sale you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriffs Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County. The petition must be served on the attorney for the creditor or on the creditor before representation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, 1 Courthouse Square, Carlisle, PA, before the presentation of the petition to the Court. 4. A copy of the Writ of Execution is attached hereto at Exhibit "B ". SHERIFF OF CUMBERLAND COUNTY 720861v1 Exhibit A EXHIBIT "A" LEGAL DESCRIPTION Tax Parcel No. 10-19-1604-043 ALL THAT CERTAIN LOT OF LAND SITUATE IN THE Township of Hampden, County of Cumberland and State of Pennsylvania, more particularly described as follows, to wit: BEGINNING at a point on the northeastern line of Westover Drive, which point is the line dividing Lots Nos. 17 and 18, on the hereinafter mentioned Plan of Lots; thence along the said line north 35 degrees 05 minutes east, One Hundred Forty -Five and Ten One -Hundredths (145.10) feet to a point on lands now or late of Lucy G. Weibley; thence along the said land south 60 degrees 47 minutes east, One Hundred Five and Fifty - Five One -Hundredths (105.55) feet to a point on the northwestern line of Skyport Road; thence along Skyport Road south 35 degrees 05 minutes west, One Hundred Fifty -Five and Eighty -Nine One Hundredths (155.89) feet to a point of intersection of Skyport Road and Westover Drive; thence along Westover Drive north 54 degrees 55 minutes west, One Hundred Five (105) feet to a point, the place of BEGINNING. BEING Lot No 17, Plan No. 1 of The Village of Westover, which Plan is recorded in the Cumberland County Recorder's Office in Plan Book 16, Page 74. Having thereon erected a dwelling known and numbered at 6101 Westover Drive. BEING the same premises which Donald L. Redden and Anna S. Redden, by Deed dated August 9, 1980 and recorded on September 2, 1980 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book B-29, Page 847, granted and conveyed unto James A. Ball, Jr. and Frances M. Ball. 701180v1 Exhibit g WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 13-5480 Civil CIVIL ACTION — LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due METRO BANK F/K/A COMMERCE BANK/HARRISBURG N.A. Plaintiff (s) From JAMES A. BALL, JR., AND FRANCES M. BALL (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $49,407.67 L.L.: $.50 Interest FROM (12/26/13 DATE OF JUDGMENT) THROUGH 6/4/14 DATE OF SALE AT THE PER DIEM RATE OF $8.61 - $1,386.21 Atty's Comm: Due Frothy: $2.25 Atty Paid: $204.51 Other Costs: Plaintiff Paid: -104,46al Date: 2/28/14tpi`-/ David D. B ell, Prothono Deputy (Seal) REQUESTING PARTY: Name: MELANIE L. VANDERAU, ESQUIRE Address: METTE, EVANS & WOODSIDE 3401 NORTH FRONT STREET P.O. BOX 5950 HARRISBURG, PA 17110-0950 Attorney for: PLAINTIFF Telephone: 717-232-5000 Supreme Court ID No. 203167 METTE, EVANS & WOODSIDE Melanie L. Vanderau, Esquire Sup. Ct. I.D. No. 203167 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 (717) 236-1816 (fax) Attorneys for Plaintiff METRO BANK Plaintiff v. 7 77: F E t.F i:111°. JUL CUMBERLAND COUNTY PENNSYLVANIA : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO. 13 -5480 -Civil JAMES A. BALL, JR. and FRANCES M. : BALL, Defendants AFFIDAVIT OF SERVICE I, Melanie L. Vandrau, Esquire, am the attorney for Metro Bank and do hereby declare: 1. I am an attorney for Plaintiff and I am authorized to make this Affidavit. 2. The Sheriff of Cumberland County has reported that on March 27, 2014, he or his deputy posted a handbill on real property located at 6101 Westover Drive, Mechanicsburg, Cumberland County, Pennsylvania pursuant to Pennsylvania Rules of Civil Procedure No. 3129.2(b). The content of the handbill is contained in the Notice of Sheriff s Sale. The Sheriff's Sale of the property was continued. The original Notice of Sheriff's Sale and an Amended Notice of Sheriffs Sale were filed with the Sheriff's Office. A true and correct copy of the contents of the original Notice (the "Notice") as posted and the Amended Notice of Sheriff's Sale (the "Amended Notice") are attached hereto as Exhibit "A" and incorporated herein by reference. On June 9, 2014, the Sheriff of Cumberland County has reported that a copy of the Amended Notice was personally served upon the Defendants, James A. Ball and Frances M. Ball. 3. On July 28, 2014, I caused to be deposited in the United States Mail, First Class, postage prepaid, the Amended Notice to Defendants, James A. Ball and Frances M. Ball, owners or reported owners, as shown on Plaintiff's Affidavit which was filed with the Prothonotary on February 28, 2014. True and correct copies of the Certificates of Mailing are attached hereto at Exhibit "B" and incorporated herein by reference. 4. On July 28, 2014, I caused to be deposited in the United States Mail, First Class, postage prepaid, the Amended Notice to the last recorded holder of every mortgage of record on the property. These parties are identified and Plaintiff's Affidavit, supra. A true and correct copy of the Certificate of Mailing is attached hereto at Exhibit "C" and incorporated herein by reference. 5. On July 28, 2014, I caused to be deposited in the United States Mail, First Class, postage prepaid, the Amended Notice to every other person who has a record interest on the real property to be sold. These parties are identified in Plaintiff's Affidavit, supra. True and correct copies of the Certificates of Mailing are attached hereto as Exhibit "D" and incorporated herein by reference. 6. On July 28, 2014, I caused to be deposited in the United States Mail, First Class, postage prepaid, the Amended Notice to every other person of whom the Plaintiff has knowledge who may have an interest in the real property to be sold. These parties are identified in Plaintiff's 2 Affidavit, supra. True and correct copies of the Certificates of Mailing are attached hereto as Exhibit "E" and incorporated herein by reference. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 29th day of July, 2014. Respectfully submitted, METTE, EVANS & WOODSIDE By: 041 MEL IE L. ANDERAU, ESQUIRE Sup. Ct. I.D. No. 203167 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 - Phone (717) 236-1816 - Fax Attorneys for Plaintiff Metro Bank, f/k/a Commerce Bank/Harrisburg, N.A. 3 VERIFICATION I, Melanie L. Vanderau, Esquire, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my knowledge, information and belief I understand that any false statements made herein are subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. DATED: July 29, 2014 omAq) Melanie L. Vanderau, Esquire 4 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: James A. Ball 6101 Westover Drive Mechanicsburg, PA 17050 By: Date: July 29, 2014 713344v1 Frances M. Ball 6101 Westover Drive Mechanicsburg, PA 17050 METTE, EVANS & WOODSIDE Melani L. Vanderau, Esquire Sup. Ct. I.D. No. 203167 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 - Phone (717) 236-1816 - Fax Attorneys for Plaintiff � Exylibit ' METRO BANK, f/k/a Commerce Bank/Harrisburg, N.A. Plaintiff v. r i,., liD;SCTr.r,. 2t'iR FEB 23 PPI 2: 23 CUMBERLAND COUNTY PENNSYLVANIA : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA . DOCKET NO. 13 -5480 -Civil : CIVIL ACTION — LAW JAMES A. BALL, JR. and FRANCES M. : BALL, : MORTGAGE FORECLOSURE Defendants NOTICE OF SHERIFF'S SALE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE RULE 3129.2 TAKE NOTICE: That the Sheriff's Sale of Real Property (real estate) will be held: DATE: WEDNESDAY, JUNE 4, 2014 TIME: 10:00 a.m. Eastern Time LOCATION: Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 THE PROPERTY TO BE SOLD, is delineated in detail in legal descriptions mainly consisting of a statement of the measured boundaries of the property. (SEE METES AND BOUNDS DESCRIPTION ATTACHED HERETO AT EXHIBIT "A") This property has been improved by buildings and certain other improvements. THE LOCATION of the property to be sold is: 6101 Westover Drive, Mechanicsburg, Hampden Township, Cumberland County, Pennsylvania 17050 (Parcel No. 10-19-1604-043) THE JUDGMENT under or pursuant to which the properties are being sold is docketed to: No. 2013 -5480 -Civil THE NAME OF THE OWNERS OR REPUTED OWNERS OF THIS PROPERTY ARE: James A. Ball, Jr. and Frances M. Ball A SCHEDULE OF DISTRIBUTION, being a list of persons, and/or governmental or corporation entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages or municipalities that are owed taxes) will be filed on a date specified by the Sheriff not later than thirty (30) days after the sale and distribution of the proceeds of sale in accordance with the Schedule that will be made unless exceptions are filed thereto within ten (10) days after the filing of the Schedule. Information about the Schedule of Distribution may be obtained from the Sheriff of Cumberland County, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a Judgment against you. It may cause your property to be held, to be sold or to be taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Cumberland County Lawyer Referral Service 32 South Bedford Street Carlisle, PA 17013 1-800-990-9108 — (717)-249-3166 The legal rights you may have are: 1. You may file a petition with the Court of Common Pleas of Cumberland County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure against you. 2. After the Sheriff's Sale you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriff's Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County. The petition must be served on the attorney for the creditor or on the creditor before representation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, I Courthouse Square, Carlisle, PA, before the presentation of the petition to the Court. 4. A copy of the Writ of Execution is attached hereto at Exhibit "B ". SHERIFF OF CUMBERLAND COUNTY • EXHIBIT "A" LEGAL DESCRIPTION Tax Parcel No. 10-19-1604-043 ALL THAT CERTAIN LOT OF LAND SITUATE IN THE Township of Hampden, County of Cumberland and State of Pennsylvania, more particularly described as follows, to wit: BEGINNING at a point on the northeastern line of Westover Drive, which point is the line dividing Lots Nos. 17 and 18, on the hereinafter mentioned Plan of Lots; thence along the said line north 35 degrees 05 minutes east, One Hundred Forty -Five and Ten One -Hundredths (145.10) feet to a point on lands now or late of Lucy G. Weibley; thence along the said land south 60 degrees 47 minutes east, One Hundred Five and Fifty - Five One -Hundredths (105.55) feet to a point on the northwestern line of Skyport Road; thence along Skyport Road south 35 degrees 05 minutes west, One Hundred Fifty -Five and Eighty -Nine One Hundredths (155.89) feet to a point of intersection of Skyport Road and Westover Drive; thence along Westover Drive north 54 degrees 55 minutes west, One Hundred Five (105) feet to a point, the place of BEGINNING. BEING Lot No 17, Plan No. 1 of The Village of Westover, which Plan is recorded in the Cumberland County Recorder's Office in Plan Book 16, Page 74. Having thereon erected a dwelling known and numbered at 6101 Westover Drive. BEING the same premises which Donald L. Redden and Anna S. Redden, by Deed dated August 9, 1980 and recorded on September 2, 1980 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book B-29, Page 847, granted and conveyed unto James A. Ball, Jr. and Frances M. Ball. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 13-5480 Civil COUNTY OF CUMBERLAND) CIVIL ACTION — LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due METRO BANK F/K/A COMMERCE BANK/HARRISBURG N.A. Plaintiff (s) From JAMES A. BALL, JR., AND FRANCES M. BALL (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $49,407.67 L.L.: $.50 Interest FROM (12/26/13 DATE OF JUDGMENT) THROUGH 6/4/14 DATE OF SALE AT THE PER DIEM RATE OF $8.61 - $1,386.21 Atty's Comm: Atty Paid: $204.51 Plaintiff Paid: Date: 2/28/14 (Seal) RF,QUES T ING PARTY: Name: MELANIE L. VANDERAU, ESQUIRE Address: METTE, EVANS & WOODSIDE 3401 NORTH FRONT STREET P.O. BOX 5950 HARRISBURG, PA 17110-0950 Attorney for: PLAINTIFF Telephone: 717-232-5000 Supreme Court ID No. 203167 Due Prothy: $2.25 Other Costs: David D. B_ ell, Prothono Deputy a EXHIBIT METRO BANK, f/k/a Commerce Bank/Harrisburg, N.A. Plaintiff v. : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO. 13 -5480 -Civil : CIVIL ACTION — LAW JAMES A. BALL, JR. and FRANCES M. : BALL, : MORTGAGE FORECLOSURE Defendants AMENDED NOTICE OF SHERIFF'S SALE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE RULE 3129.2 TAKE NOTICE: That the Sheriff's Sale of Real Property (real estate) will be held: DATE: Wednesday, September 3, 2014 TIME: 10:00 a.m. Eastern Time LOCATION: Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 THE PROPERTY TO BE SOLD, is delineated in detail in legal descriptions mainly consisting of a statement of the measured boundaries of the property. (SEE METES AND BOUNDS DESCRIPTION ATTACHED HERETO AT EXHIBIT "A") This property has been improved by buildings and certain other improvements. THE LOCATION of the property to be sold is: 6101 Westover Drive, Mechanicsburg, Hampden Township, Cumberland County, Pennsylvania 17050 (Parcel No. 10-19-1604-043) THE JUDGMENT under or pursuant to which the properties are being sold is docketed to: No. 2013 -5480 -Civil THE NAME OF THE OWNERS OR REPUTED OWNERS OF THIS PROPERTY ARE: James A. Ball, Jr. and Frances M. Ball A SCHEDULE OF DISTRIBUTION, being a list of persons, and/or governmental or corporation entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages or municipalities that are owed taxes) will be filed on a date specified by the Sheriff not later than thirty (30) days after the sale and distribution of the proceeds of sale in accordance with the Schedule that will be made unless exceptions are filed thereto within ten (10) days after the filing of the Schedule. Information about the Schedule of Distribution may be obtained from the Sheriff of Cumberland County, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a Judgment against you. It may cause your property to be held, to be sold or to be taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Cumberland County Lawyer Referral Service 32 South Bedford Street Carlisle, PA 17013 1-800-990-9108 — (717)-249-3166 The legal rights you may have are: 1. You may file a petition with the Court of Common Pleas of Cumberland County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure against you. , 2. After the Sheriff's Sale you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriff's Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County. EXHIBIT "A" LEGAL DESCRIPTION Tax Parcel No. 10-19-1604-043 ALL THAT CERTAIN LOT OF LAND SITUATE IN THE Township of Hampden, County of Cumberland and State of Pennsylvania, more particularly described as follows, to wit: BEGINNING at a point on the northeastern line of Westover Drive, which point is the line dividing Lots Nos. 17 and 18, on the hereinafter mentioned Plan of Lots; thence along the said line north 35 degrees 05 minutes east, One Hundred Forty -Five and Ten One -Hundredths (145.10) feet to a point on lands now or late of Lucy G. Weibley; thence along the said land south 60 degrees 47 minutes east, One Hundred Five and Fifty - Five One -Hundredths (105.55) feet to a point on the northwestern line of Skyport Road; thence along Skyport Road south 35 degrees 05 minutes west, One Hundred Fifty -Five and Eighty -Nine One Hundredths (155.89) feet to a point of intersection of Skyport Road and Westover Drive; thence along Westover Drive north 54 degrees 55 minutes west, One Hundred Five (105) feet to a point, the place of BEGINNING. BEING Lot No 17, Plan No. 1 of The Village of Westover, which Plan is recorded in the Cumberland County Recorder's Office in Plan Book 16, Page 74. Having thereon erected a dwelling known and numbered at 6101 Westover Drive. BEING the same premises which Donald L. Redden and Anna S. Redden, by Deed dated August 9, 1980 and recorded on September 2, 1980 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book B-29, Page 847, granted and conveyed unto James A. Ball, Jr. and Frances M. Ball. 701180v1 EXHIBIT WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 13-5480 Civil CIVIL ACTION — LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due METRO BANK F/KJA COMMERCE BANK/HARRISBURG N.A. Plaintiff (s) From JAMES A. BALL, JR., AND FRANCES M. BALL (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $49,407.67 L.L.: $.50 Interest FROM (12/26/13 DATE OF JUDGMENT) THROUGH 6/4/14 DATE OF SALE AT THE PER DIEM RATE OF $8.61 - $1,386.21 Atty's Comm: Due Frothy: $2.25 Atty Paid: $204.51 Other Costs: Plaintiff Paid: Date: 2/28/14 (Seal) REQUESTING PARTY: Name: MELANIE L. VANDERAU, ESQUIRE Address: METTE, EVANS & WOODSIDE 3401 NORTH FRONT STREET P.O. BOX 5950 HARRISBURG, PA 17110-0950 Attorney for: PLAINTIFF Telephone: 717-232-5000 Supreme Court ID No. 203167 LE,/ David D. B ell, Prothono • Deputy Exhibit B UNITED STATES Certificate Of POSTAL SERVICES Mailing This Certificate of Mailing provides evidence that mail has been presented to USPS® for mailing. This form may be used for domestic and international mail. from: To: Melanie L. Vanderau, Esquire METTE, EVANS & WOODSIDE 3401 North Front Street, 2nd F1. Harrisburg, PA 17110-0950 James A. Ball - 6101 Westover Drive - Mechanicsburg, PA 17050 - PS Form 3817, April 2007 PSN 7530-02-000-9065 UNITED STATES Certificate Of POST/1L SERVICE Mailing This Certificate of Mailing provides evidence that mall has been presented to USPS® for mailing. This form may be•used for domestic and international mail. !From: Melanie L. Vanderau, Esquire METTE, EVANS & WOODSIDE 3401 North Front Street, 2nd Fl. To: Harrisburg, PA 17110-0950 - Frances'M. Ball _ 6101 Westover Drive. Mechanicsburg, PA 17050 L 1_28 'LLs t4 PS Form 3817, April 2007 PSN 7530-02-000-9065 Exhibit C aUNITED STATES Certificate Of POST/AL SERV/CES Mailing This Certificate of Mailing provides evidence that mail has been presented to USPS® for mailing. This form may be used for domestic and International mail. From: Melanie L. Vanderau, Esquire METTE, EVANS & WOODSIDE 3401 North Front Street, 2nd Fl. Harrisburg,. PA 17110-0950 To: USAA Federal Savings Bank - 10750 McDermott Freeway - San Antonia, TX 78288-0568 Pe o H O .- 1MN Lu � N E o et N d g J ©ZuNn 0 PS Form 3817, April 2007 PSN 7530-02-000-9065 j UNITED STATES 1 POSTAL SERVICE This Certificate of Mailing provides evidence that mail has been presented to USPS® for mailing. This form may be used for domestic and international mail. Certificate Of Mailing From: Melanie L. Vanderau, Esquire METTE, EVANS & WOODSIDE 3401 North Front Street, 2nd Fl. Harrisburg, PA 17110-0950 To: Cumberland County Tax. Claim Bureau 1 Courthouse Square Old Courthouse, Room 106 Carlisle, PA 17013 PS Form 3817, April 2007 PSN 7530-02-000-9065 aUNITED STATES Certificate Of POSTAL SERVICE Mailing This Certificate of Mailing provides evidence that mail has been presented to USPS® for mailing. This farm may be used for domestic and international mail. From: Melanie L. Vanderau, Esquire METTE, EVANS & WOODSIDE 3401 North Front Street, 2nd Fl. Harrisburg, PA 17110-0950 To: American Express 4315 S. 2700 W Salt Lake City, UT 84184 PS Form 3817, April 2007 PSN 7530-02-000-9065 UNITED STATES Certificate Of POSTAL SERVICE Mailing This Certificate of Mailing provides evidence that mall has been presented to USPS® for mailing. This form may be used for domestic and international mail. From: Melanie L. Vanderau, Esquire To: METTE, EVANS & WOODSIDE 3401 North Front Street, 2nd Fl. Harrisburg, PA 17110-0950 Michael F. Ratchford, Esquire 120 N. Keyser Avenue Scranton, PA 18504 PS Form 3817, April 2007 PSN 7530-02-000-9065 ti UNITED STATES Certificate Of lig POSTAL SERVICE. Mailing This Certificate of Mailing provides evidence that mail has been presented to USPS® for mailing. This form may be used for domestic and international mail. From: Melanie L. Vanderau, Esquire METTE, EVANS & WOODSIDE 3401 North Front Street, 2nd Fl. Harrisburg, PA 17110-0950 To: - Cumberland County Domesti - Relations 13 North Hanover Street a d Carlisle, PA 17013 PS Form 3817, April 2007 PSN 7530-02-000-9065 UNITEDSTLITES Certificate O 0 .111 POSTAL SERVICE. Mailinc MNrstate of Mailing provides evidence that mail has keen presented to USPS®for malting. III! oo W may be used for domestic and international mail. t ^� N OJFrom: illi V pa METTE, EVANS & WOODSIDE N P o 2 3401 North Front Street, 2nd Fl.ci. ��i u.o ix r. 'Cr _W N O — °J.uNn O p 1 This Certificate This form Melanie L. Vanderau, Esquire Harrisburg, PA 17110-0950 To: PA Department of Welfare Bureau of Child Support Enforcement 1303 North 7th Street Harrisburg, PA 17105 PS Form 3817, April 2007 PSN 7530-02-000-9065 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY 4,7,:17:4,,,o � F//r--R-�F�/rr C�—H�p ' u^ THE '''2:u* CUMRFQ/8NDCOUNTY ../ ~ PFNNS N/A ^~' ' ' Metro Bank vs. Case Number 2013-5480 SHERIFF'S RN OF SERVICE 03/27/2014 02:08 PM - Deputy William Cline, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 6101 Westover Drive, Hampden - Township, Mechanicsburg, PA 17050, Cumberland County. 05/13/2014 As directed by Melanie L Vanderau, Attorney for the Plaintiff, Sheriffs Sale Continued to 9/3/2014 06/09/2014 08:13 PM - Deputy Amanda Ebersole, being duly sworn according to law, served the requested Real Estate Writ, Notice and Deooription, in the above titled aution, by making known its contents and at the same time personaily handing a true copy to a person representing themseives to be the Defendant, to wit: James A. Ball, Jr. at 6101 Westover Drive, Hampden Township, Mechanicsburg, PA 17050, Cumberland County. 06/08/2014 08:13 PM - Deputy Amanda Ebersole, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personaily handing a true copy to a person representing themselves to be the Defendant, to wit: Frances Ball atG1U1 Westover Drive, Hampden Township, N1echonicoburg, PA 17050. Cumberland County. 09/02/2014 Ronny R Anderson, Sheriff, being duly sworn according to |ovv, states that this writ is returned "stayed", per Ietter of instruction from Attorney. SHERIFF COST: $1.155.31 SO ANSWERS, September 05, 2014 RONNYRANDERSON, SHERIFF cP, —,*� � —. � L- 4,4 99/- ^� / ��x�r� - woounwwle Sheriff. iiieleosm'� C3 On March 3, 2014 the Sheriff levied upon the defendant's interest in the real property situated in Hampden Township, Cumberland County, PA, Known and numbered as 6101 Westover Drive, Mechanicsburg, as Exhibit "A" filed with this Writ and by this Reference incorporated herein. Date: March 3, 2014 By: R Estate oordinator LXIII 16 CUMBERLAND LAW JOURNAL 04/18/14 Writ No. 2013-5480 Civil Term Metro Bank vs. James A. Ball, Jr. Frances Ball Atty.: Melanie L. Vanderau Tax Parcel No. 10-19-1604-043. ALL THAT CERTAIN LOT OF LAND SITIATE IN THE Township of Hampden, County of Cumberland and State of Pennsylvania, more par- ticularly described as follows, to wit: BEGINNING at a point on the northeastern line of Westover Drive, which point is the line dividing Lots Nos. 17 and 18, on the hereinafter mentioned Plan of Lots; thence along the said line north 35 degrees 05 minutes east, One Hundred Forty -Five and Ten One -Hundredths (145.10) feet to a point on lands now or late of Lucy G. Weibley; thence along the said land south 60 degrees 47 minutes east, One Hundred Five and Fifty -Five One - Hundredths (105.55) feet to a point on the northwestern line of Skyport Road; thence along Skyport Road south 35 degrees 05 minutes west, One Hundred Fifty -Five and Eighty - Nine One Hundredths (155.89) feet to a point of intersection of Skyport Road and Westover Drive; thence along Westover Drive north 54 de- grees 55 minutes west, One Hundred Five (105) feet to a point, the place of BEGINNING. BEING Lot No 17, Plan No. I of The Village of Westover, which Plan is recorded in the Cumberland County Recorder's Office in Plan Book 16, Page 74. Having thereon erected a dwell- ing known and numbered at 6101 Westover Drive. BEING the same premises which Donald L. Redden and Anna S. Red- den, by Deed dated August 9, 1980 and recorded on September 2, 1980 in the Office of the Recorder of Deeds 25 in and for Cumberland County in Deed Book B-29, Page 847, granted and conveyed unto James A. Ball, Jr. and Frances M. Ball. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: April 18, April 25 and May 2, 2014 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Lisa Marie Coynej Editor SWORN TO AND SUBSCRIBED before me this day of May., 2014 Notary COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO., CUMBERLAND CNTY My Commission Expires Apr 28, 2018 The Patriot -News Co. '2020 Technology Pkwy Suite 300 Mechanicsburg, PA -17056 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE. CARLISLE PA 17013 atriotNews Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Marianne Miller, being duly sworn according to law, deposes and says: That she is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot -News and The Sunday Patriot -News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot -News and The Sunday Patriot -News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot -News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION Copy 2013-5480 Civil Term Metro Bank Vs James A. Ball, Jr. Frances Ball Atty: Melanie L Vanderau Tax Parcel No. 10-19-1604-043 ALL THAT CERTAIN LOT OF LAND SITUATE IN THE Township of Ha den, County of Cumberland and S to of Pennsylvania, more particu arty described as follows, to wit: BEGINNING at a point on the northeastern line of Westover Drive, which point is the line dividing Lots Nos. 17 and 18, on the hereinafter mentioned Plan of Lots; thence along the said line north 35 degrees 05 minutes east, One Hundred Forty -Five and Ten One -Hundredths This ad ran on the date(s) shown below: 04/13/14 04/20/14 04/27/14 Jrn to and bscribed before me thi ay of May, 201 A.D. ublic COMMONWEALTH OF PENNSYLVANIA Notarial Seal Ho'y Lynn tic^rftl, Notary Public 1, h!ngton Twp., Onuphln County My Ccmm!-3ion 4Yn^rrs ()cc. 12, 2016 MEMBER, PENNSYLVANIA ASSOCIA17ON OF NOTARIES METTE, EVANS & WOODSIDE Melanie L. Vanderau, Esquire Identification No. 203167 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 (717) 236-1816 (fax) Attorneys for Plaintiff METRO BANK, f/k/a Commerce BanklHarrisburg, N.A. Plaintiff v. ' THEE FROTONO-TAR%‘ rL[} ri SEP 15 N112: 44 CUMBERLAND COUNTY PENNSYLVANIA : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO. 13 -5480 -Civil : CIVIL ACTION — LAW JAMES A. BALL, JR. and FRANCES M. : BALL, : MORTGAGE FORECLOSURE Defendants PRAECIPE TO SETTLE, DISCONTINUE AND SATISFY TO THE PROTHONOTARY: Please mark the Judgment satisfied in the above -captioned action. By: Respectfully submitted, METTE, EVANS & WOODSIDE M I le L. Vanderau, Esquire 4q.5c) PO Air/ 0,1t1 111 8 LI e3,11011 Date: September 12, 2014 Sup. Ct. I.D. # 203167 METTE, EVANS & WOODSIDE 3401 N. Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 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: James A. Ball, Jr. 6101 Westover Drive Mechanicsburg, PA 17050 By: Date: September 12, 2014 739211v1 Frances M. Ball 6101 Westover Drive Mechanicsburg, PA 17050 METTE, EVANS & WOODSIDE yyea Mel ie L. anderau, Esquire Sup. Ct. I.D. #203167 METTE, EVANS & WOODSIDE 3401 N. Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Attorneys for Plaintiff