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HomeMy WebLinkAbout13-6309 Supreme Cou:of-Pennsylvania COUr OU CdFlll on�Pleas For Prothonotary Use Only.- Cs><I'Coer�Stiet " Docket No: S ,. . CUNIBFiLAND Count �a �, & J 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 XJ Complaint 0 Writ of Summons 0 Petition E Transfer from Another Jurisdiction Cl Declaration of Taking C Lead Plaintiff's Name: Lead Defendant's Name: T Metro Bank f /k/a Commerce Bank / Harrisburg, N.A. Kenneth W. Heiser and M. Lucinda Heiser, Individually I Are money damages requested? eyes h No Dollar Amount Requested: Dw to arbitration limits (check one) 1- outside arbitration limits 0 N Is this a Class Action Suit? ❑ Yes [x No Is this an MDJAppeal? ❑ Yes Xi No A Name of Plaintiff /Appellant's Attorney: Marc A. Hess, Esquire Check here if you have no attorney (are a Self- Represented JPro Sel Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS Intentional IJ Buyer Plaintiff Administrative Agencies 0 Malicious Prosecution ebt Collection: Credit Card 0 Board of Assessment 0 Motor Vehicle Debt Collection: Other J Board of Elections 0 Nuisance r%­ dN Ate* L-(26o R y 0 Dept. of Transportation S 0 Premises Liability �ten. rr�-� _? Statutory Appeal: Other 0 Product Liability (does not include L'j mass tort) J Employment Dispute: 0 Slander/Libel/ Defamation Discrimination C 0 Other: Employment Dispute: Other 0 Zoning Board 'I' 0 Other: I C_3 Other: O MASS TORT Asbestos N EJ Tobacco E] Toxic Tort - DES Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS 0 Toxic Waste Ejectment E J Other: � E] Common Law /Statutory Arbitration B (] Eminent Domain /Condemnation 0 Declaratory Judgment 01' Ground Rent 0 Mandamus 0 Landlord/Tenant Dispute 0 Non - Domestic Relations 0 Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY El Mortgage Foreclosure: Commercial 0 Quo Warranto 0 Dental 0 Partition 0 Replevin I ! Legal E Quiet Title �-3 Other: = Medical 0 Other: Other Professional: Updated 1/1/2011 Li z X11 GO 2 5 P1 1: 2 1 M"' E RLANQ COUNTY P ENNSYLVA zA HENRY & BEAVER LLP By: Marc A. Hess .Identification No. 55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042 -1140 (717) 274 -3644 METRO BANK f /k/a COMMERCE IN THE COURT OF COMMON PLEAS BANK/ HARRISBURG, N.A., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW vs. No. U` KENNETH W. HEISER and M. LUCINDA HEISER, Individually and Jointly, 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. (�Si YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717) 249 -3166 or (800) 990 -9108 Notice Required Under the Fair Debt Collection Practices Act 15 U.S.C. &1601 (as amended) and the Pennsylvania Unfair Trade Practices Act and Consumer Protection Law, 73 Pa.Con.Stat.Ann. §201, et seq. ( "The Acts ") To the extent that the Acts may apply, please be advised of the following: 1. The amount of the original debt is stated in the Complaint attached hereto. 2. The Plaintiff who is named in the attached Complaint and /or its loan servicing agents are creditors to whom the debt is owed. 3. The debt described in the Complaint attached hereto and evidenced by the copies of the mortgage and note will be assumed to be valid by the creditor's law firm, unless the debtors /mortgagors, within thirty (30) days after receipt of this notice, dispute, in writing, the validity of the debt or some portion thereof. 4. If the debtors /mortgagors notify the creditor's law firm in writing within thirty (30) days of the receipt of this notice that the debt or any portion thereof is disputed, the - 2 - s creditor's law firm will obtain verification of the debt and a copy of the verification will be mailed to the debtor by the creditor's law firm. 5. If the creditor who is named as Plaintiff in the attached Complaint is not the original creditor, and if the debtor /mortgagor makes written request to the creditor's law firm within thirty (30) days from the receipt of this notice, the name and address of the original &editor will be mailed to the debtor by the creditor's law firm. 6. Written request should be addressed to: Marc A. Hess HENRY & BEAVER LLP 937 Willow Street P.O. Box 1140 Lebanon, PA 17042 -1140 7. THIS MAY BE CONSTRUED AS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 8. Be advised that the thirty (30) day time period allotted herein will not stop or toll the time period set forth above, which requires you to take action on the Complaint within twenty (20) days after this Complaint and Notice are served upon you. ARC A. HESS - 3 - HENRY & BEAVER LLP By: Marc A. Hess Identification No. 55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042 -1140 (717) 274 -3644 METRO BANK f /k/a COMMERCE IN THE COURT OF COMMON PLEAS BANK / HARRISBURG, N.A., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW vs. No. KENNETH W. HEISER and M. LUCINDA HEISER, Individually and Jointly, Defendants COMPLAINT 1. The Plaintiff is Metro Bank f /k/a Commerce Bank / Harrisburg, N.A., with an office located at 3801 Paxton Street, Harrisburg, Pennsylvania 17111. 2. The Defendants are Kenneth W. Heiser and M. Lucinda Heiser, husband and wife, individually and jointly, adult individuals, last known to reside at 1000 Sandbank Road, Mount Holly Springs, Cumberland County, Pennsylvania 17065. 3. On or about February 17, 2006, the Plaintiff loaned to the Defendants the sum of Four Hundred Thousand Dollars ($400,000.00) evidenced by a Balloon Note (the "Note "). A copy of the Note is attached hereto as Exhibit "A" and incorporated herein by reference. a 1 4. Contemporaneously with the execution of the Note, in order to secure payment of the same, Defendants made, executed and delivered to the Plaintiff a real estate Mortgage dated February 17, 2006, which was recorded on February 27, 2006, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Book 1941 at Page 2500, et seq. (the "Mortgage "), conveying to the Plaintiff a security interest in the real estate described therein. A copy of the Mortgage is attached hereto as Exhibit "B" and made a part hereof by reference. 5. The Note and Mortgage have not been assigned. 6. The premises subject to the Mortgage is a certain lot and piece of ground situate at 1000 Sandbank Road, Mount Holly Springs, Dickinson Township, Cumberland County, Pennsylvania, as more particularly described on Exhibit "B" attached hereto (the "Mortgaged Real Property "). 7. The Defendants are the present owners of the Mortgaged Real Property subject to the Mortgage. 8. The Defendants are in default of their obligations under the Note and Mortgage, having failed to pay the installment due on May 1, 2013, and all subsequent installments. 9. The terms of the Note and Mortgage provide that in the event of default Defendants shall be liable for Plaintiffs costs and attorney's fees. 10. For purposes of this action, the Bank believes and therefore avers that Two Thousand Five Hundred Dollars ($2,500.00) constitutes reasonable attorney's fees for enforcing the Note and Mortgage. However, the Bank recognizes that it is restricted by - 2 - law to those attorney's fees that are actually incurred. If those fees are less than Two Thousand Five Hundred Dollars ($2,500.00), the Bank agrees to adjust its demand for attorney's fees, if applicable, at the time of payment or adjustment. If the Bank's actual attorney's fees are in excess of Two Thousand Five Hundred Dollars ($2,500.00) the Bank believes it has a right to recover the same and therefore makes demand for payment thereof. 11. As a result of the default in the Note and Mortgage, the following amounts are due and owing: Principal - $ 382,522.63 Interest to 10/4/2013 - 12,950.88 Late Fees to 10/4/2013 - 2,528.14 Escrow Credit - (2,769.08) Unpaid Loan Fees - 55.50 Attorney's Fees for Foreclosure (estimated herein, actual to be collected) - 2.500.00 Total - $ 397,788.07 Plus interest after October 4, 2013, and continuing after entry of judgment at the contract rate ($70.820366 per diem), actual and additional attorney's fees, additional late fees after October 4, 2013, at the contract rate, costs of suit and all other amounts, fees and costs incurred in maintaining and preserving the Plaintiff's collateral and incidental to suit, execution and levy. 12. No judgment has been entered upon the Note and Mortgage in any jurisdiction. 13. The combined notice was given to the Defendants in accordance with Section 403 -C of Pennsylvania Act 91 of 1983 (35 P.S. §1680.403(c)) and Act 6 of 1974 (41 P.S. §403), copies of which are attached hereto as Exhibit "C" and incorporated herein 3 - 1 by reference. Said notices were mailed on or about July 4, 2013. As of the date of this Complaint, the Defendants have not arranged for a meeting with a representative of Plaintiff and Plaintiff has not received notice from a designated consumer credit counseling agency that Defendants have met with any such agency. 14. To the best of the undersigned's knowledge and belief, Defendants are not members of the Armed Forces of the United States of America, nor engaged in any way which would bring them within the provisions of the Service Members Civil Relief Act of 2003, as amended. 15. Notice pursuant to Federal Fair Debt Collection Practices Act 15 U.S.C. §1692, et seq. (1977) This is an attempt to collect a debt. Any information received by the undersigned will be used for the purpose of collecting the debt set forth herein. Unless you dispute the validity of the debt, or any portion thereof, within thirty (30) days after receipt of this Complaint, we will assume the debt to be valid. If within the thirty (30) day period you dispute the debt or any portion thereof, you are entitled to a written verification of the debt. If the current creditor is not the original creditor on this account, we will also advise you, upon request, of the name and address of the original creditor. Be advised that the thirty (30) day time period allotted herein will not stop or toll the time period set forth above in the Notice to Plead, which requires you to take action on the Complaint within twenty (20) days after this Complaint and Notice are served upon you. 16.This is an in personam action on a Note secured by the Mortgage, and is not an action in mortgage foreclosure. Any judgment entered in this matter shall 4 - for lien priority relate back to the date of the Mortgage as to the Mortgaged Real Property. WHEREFORE, Plaintiff demands that judgment be entered in favor of the Plaintiff and against the Defendants, Kenneth W. Heiser and M. Lucinda Heiser, husband and wife, individually and jointly, in the amount of: Principal - $ 382,522.63 Interest to 10/4/2013 - 12,950.88 Late Fees to 10/4/2013 - 2,528.14 Escrow Credit - (2,769.08) Unpaid Loan Fees - 55.50 Attorney's Fees for Foreclosure (estimated herein, actual to be collected) - 2,500.00 Total - $ 397,788.07 Plus interest after October 4, 2013, and continuing after entry of judgment at the contract rate ($70.820366 per diem), actual and additional attorney's fees, additional late fees after October 4, 2013, at the contract rate, costs of suit and all other amounts, fees and costs incurred in maintaining and preserving the Plaintiff's collateral and incidental to suit, execution and levy. HENRY & R By: MA C -7 S I.D. #55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042 -1140 (717) 274 -3644 Attorney for Plaintiff - 5 - a METRO BANK f /k/a COMMERCE IN THE COURT OF COMMON PLEAS BANK / HARRISBURG, N.A., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW VS. No. KENNETH W. HEISER and M. LUCINDA HEISER, Individually and Jointly, Defendants VERIFICATION I, David M. Chajkowski, being duly affirmed according to law, depose and say that I am a Vice President - Asset Recovery Supervisor of Metro Bank, and that I am authorized to make this Verification on its behalf and that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. To the extent that any of the averments in the foregoing document are based upon the understanding or application of law, I have relied upon counsel in making this Verification. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. METRO BANK By: G� David M. Chajkowski Vice President Asset Recovery Supervisor BALLOON NOTE HalssR (FIXED RATE) LOAN 8 e 33332210HEISER THIS LOAN IS PAYABLE M FULL AT MATURITY. YOU MUST REPAY THE ENTIRE PRINCIPAL BALANCE OF THE LOAN AND UNPAID INTEREST THEN DUE. THE LENDER IS UNDER NO OBLIGATION TO REFINANCE THE LOAN AT THAT TIME. YOU WILL, THEREFORE, BE REQUIRED TO MAKE PAYMENT OUT OF OTHER ASSETS THAT YOU MAY OWN, OR YOU WILL HAVE TO FIND A LENDER, WHICH MAY BE THE LENDER YOU HAVE THIS LOAN WITH, WILLING TO LEND YOU THE MONEY. IF YOU REFINANCE THIS LOAN AT MATURITY, YOU MAY HAVE TO PAY SOME OR ALL OF THE CLOSING COSTS NORMALLY ASSOCIATED WITH A NEW LOAN EVEN IF YOU OBTAIN REFINANCING FROM THE SAME LENDER, FEBRUARY 17, 2006 CARLISLE PENNSYLVANIA [Date] [City] [State] 1000 SANDBANK ROAD, MOUNT HOLLY SPRINGS, PA 17065 (Property Address] 1. BORROWER'S PROMISE TO PAY In return fora loan that 1 have received, 1 promise to pay U.S. $ 400, 000.00 (this amount is called "Principal "), plus interest, to the order of the Lender. The Lender is COMMERCE BANK /HARRISBURG, N.A. I will make all payments under this Note in the form of cash, check or money order. I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. 1 will pay interest at a yearly rate of % 7.000 The interest rate required by Section 2 is the rate I will pay both before and after any default described in t Section 6(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making a payment every month. I will make my monthly payments on the day of each month beginning on APRIL I., 2006 1 _will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal. If, on MARCH 1, 2016 , 1 still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "Maturity Date." I will make my monthly payments at 3 CROSSGATE DRIVE, MECHANICSBURG, PA 17050 or at a different place if required by the Note Holder. (B) Amount of Monthly Payments My monthly payments will be in the amount of U.S. $ 2,661.21 4. BORROWER'S RIGHT TO PREPAY I have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a "Prepayment." When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. I may not designate a payment as a Prepayment if I have not made all the monthly payments due under the Note. I may make a full Prepayment or partial Prepayments without paying any Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount before applying my Prepayment to reduce the Principal amount of the Note, If I make a partial Prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. 5. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, MULTISTATE BALLOON NOTE (Fixed Rate)— Single Family- .Freddie Mac UNIFORM INSTRUMENT Fur., 3240 1101 UOCUSNA1 Page / oj3 DOCDDNAl MrX 01/23/200 ED HIB 33332210HEISER then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sum already collected from me which exceeded permitted limits will be refunded to me, The Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charges for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5.000 % of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C) Notice of Default If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. (D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this .Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. $ S. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is full) and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of the Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that anyone of us maybe required to pay all of the amounts owed under this Note. 9. WAIVERS I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor, "Presentment" means the rights to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 10. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument "), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note, That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under the Note. Some of those conditions are described as follows: Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. MULTISTATE BALLOON NOTE (Fixed Rate) -- Single Family.- Freddie Mac UNIFORM INSTRUMENT Farm 3290 1/01 DOCUBNA2 Page 2 of 3 00t`UBX?,2.VTY 01/2312004 33332210HEISER If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of nor less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. WITN T14I7"HAND(�` AND SF�AL(S) OF THE UNDERSIGNED. N O RR R RIB TH SIS$R — DA 'Y ire 1 B R M. LUCINDA HEIS - DATE (Sign Original Only] MULTISTATE BALLOON NOTE (Fixed Raft)— Single FamilyFreddle Mxc UNIFORM JNSTRUM ENT Form 3290 1/01 UOCUSNA3 Page 3 of 3 DOCURKA3.VTI 04/29/2004 A AFTER RECORDING RETURN TO: � {}m CONMBRC3 BANK /HARRISBURG, MS FEB 27 till 3 32 N.A. 3 CROSSGATX DRIVE KOCRANICSBURG, PA 17050 ATTNt POST CLOSING - T. PHONE: ( N 97 3 5L5630 PREPARED BY: MARCY CRANDY COMMERCE BANK /HARRISBURG, N.A. 100 SENATE AVXNUE CAMP HILL, PA 17011 PROPERTY ADDRESS: 1000 SANDBANK ROAD NOP HOLLY SPRINGS, PA PINS 8-12-0338-04 [Space Above This Lioe For Recording ate] KORTGAGE IMISaR LOAN 0. 33332210HEXSBR DEFINMONS Words used in nndtiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated FEBRUARY 27, 2006 , together with all Riders to this document. (B) "Borrower" is KENNETH W. 11E13E31 AND X. LUCINDA HEISSR Borrower is the mortgagor under this Security Instrument. (C) "Lender" is COMMERCE BANS /HARRISBURG, N.A. 6 Lender is a NATIONAL ASSOCIATION organized and existing under the laws of PENNSYLVANIA Lender's address is 100 SENATE AVENUE, CAMP HILL, PA 17011 Lender is the mortgagee under this Security Lwtn=nt. (D) "Note" means the promissory note signed by Borrower and dated FEBRUARY 17, 2006 . The Note states that Borrower owes Lender FOUR HUNDRED THOUSAND AND 00 /100 Dollars (U.S. S 400, 000.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than blARCH 1, 2016 (E) " Property mesas the property that is described below under the heading `Transfer of Rights in the Property:' (I) `Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. PSMNSVLVAN IA —. 9a; k Pnfty — FmndeMaOftddleMst UNIFORM INSTRUMEWr Form 30391/01 (pnaelof14pa2u,1 DOCUIPAI DOWWAI.T= 11/36/1005 BK I 9 t :,1 G .500 EXHIBIT 1 33332210HIISER (G) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: ❑ Adjustable Rate Rider ❑ Condominium Rider Q Second Home Rider ® Balloon Rider ❑ Planned Unit Development Rider ❑ Biweekly Payment Rider ❑ 1-1 Family Rider ❑ Other(s) (specify) (H) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non - appealable judicial opinions. (I) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (J) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (IQ "Escrow Items" means those items that are described in Section 3. (L) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Properly; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (1!� "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loam {l� "Periodic Payment" mean the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. (0) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (P) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument, TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage grant and convey to Lender the following described property located in the COUNTY of CUMBERLAND [Type of Recording Jurisdiction] (Name of Recording Jurisdiction) ALL THAT CERTAIN TRACT OF LAND AND 3WROVWIENTS S=ATE IN DICRINBON TORNBHIP, CR982RLAND COUNTY, PENNSYLVANIA MORN PARTICULARLY BOUNDED AND DESCRIBED IN NXBTBIT "A" ATTACHED HER1;TO. PENNSYLVANIA -3414 NmOy— Fanele MeelFreddle Mac UNIFORM INSTRUMENT Form 30391/DI (page 2 of 14p{ge,J DOCU1PAr v0c9a9Aa.vax oe /0.I /arras 3333131OHnSBR which currently has the address of 1000 SANDSANS ROAD [Street] MOCNT HOLLY SPRINGS ,Pennsylvania 17o65 ( "Property Address'): [City] [Zip Code] TOGETHER WPfH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions sboU also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non - uniform covenants with lirrited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest our, the debt evidenced by the Note and any prepayment charge& and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrutnentbe made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a fedetal agency, instrumentality, or entity; or (d) Electronic Funds Transfer, Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the firtrre, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay irrtnrest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due, Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from PENNSYLVANIA —SkSk ForAy —Fwale Mee/HrWdte Mee UNIFOXM INS fRUMV47 Form 30.79 3M (parro ! of /f P") COMM oocvrvAr.vrs o� /ss /rooa 0 2 „ 33332210H=892 Borrower to the repayment of the Periodic Payments if� and to the extent that, each payment can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insuran proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds') to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as alien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if an (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance prerruums in accordance with the provisions of Section 10. These items arc called "Escrow Items.” At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly ftunish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for rhich payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under PSMA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instturmentality, or entity (including Lender, if Lender is an institution whose deposits arc so insured) or in any Federal Home Loan Bank Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Leader to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make tip the shortage in accordance with RESP A, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. PENNSYLVANU— Sinate Funny— Fannte Mae/Freddie Mac UNIFORM INSTRUMENT Form 3039 Val (par6 l Of/Iparer/ OOCUITM DOCei►61.M 06/21/2606 B�(lC'4P6*�333 a 33372110MBER Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by bender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents an the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower. (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lander subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date an which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one -time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. S. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insuranc shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one -time charge for flood zone determination, certification and tracking services; or (b) it one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect Borrower acknowledges drat the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard anortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Leader and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to FRNNSYLVANIA —Sbi& Famay —Fauda MadFreddre Mac UNUWM INSTRUMENT Form 7039 Uor (past J q//I paz.) DOQfIrAt DOWMA.Ou Dt /79 /tDDt 33332210MUSUR restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the aums secured by this Security Instnanent, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matter;. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given, in either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of uneamed premiums paid by Borrower) under all insuranc policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender ma use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's controL 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or comrmt waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is complete& If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. S. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security PENNSYLVANIA-Stask Faray —F=nlc MadFnddle Mac UNIFORM INSTRUMEW Form 3039 1/01 (yoyt 6 e/t parlj 00CURAd oOMPM.VCi Oa /88/1008 7 ' 3 3 3 3 2 21 0101SER Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of alien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the,Property, then Lender may do and pay for whatever is reasonable or appropriate to. protect Leader's interest in the Property and rights under this Security Instrument, including protecting andfor assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees'to, protect its interest in the Property and/or rights under.this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limitod to, entering the Property to wake repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or- off. - Although Lender may take action under this Section 9, Lender does not have to do so and is not under any ,duty or obligation to do so: It is -agreed that Lendor incurs no liability for not ,taking say or all actions . authorized under thisiSection 9; Any amounts disbursed by Lerider' under this ' Section' 9 shall .become additional debt of Borrower secured by , ft Security Instrument. These amounts shall bear intcrtat'.at the Note rate from the- date.of disbursement and shall be payable, with such interest, upon . notice from Lender to Borrower requesting payment.' If this Security Imtr anent is on a leasehold, Borrower shall comply with all the provisions of the lease. Borrower shall not surrender the leasehold estate arid- interests herein conveyed or terminate or cancel the ground lease. Borrower shall cot, without the express - written consent of Lender, alter or amend the ground lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in.writing. I , 10. Mortgage lnsuranec If Lender is Mo a e s qutred rtg g Insurance as a condition of making the Loan, f Borrower shall pay the premium] required to maintain the Mortgage Insurance in effect It, for any reason, the l Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously !� provided birch insurance Wand Borrower wa's required to make separately, designated - payments toward 'Ahe premiums for Mortgage Insurance, Boa+ower shall pay the ,premiums,required to obtain coverage substantially' equivalent to the Mortgage Insurance iotiel i Borrower of the Mort y effect, at a coat substantially equivalent to the cost to Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to to i Lendar the amount of the separately designated payments that were due when the insurance coverage ceased to be in affect Lender will accept, use and retain these payments as a non - refundable loss reserve in lieu of Mortgage Insurance..Suchloss reserve be non - refundable, notwithstanding the fact that the Loan is ultimately paid in UL and Leader shall not-be required to payBorrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided ,by -an insurer selected by Lender again becomes - available, is obtained,. and Lender. requires separately designatcd-payinents toward the premiums for Mortgage Insurance. If Lender.required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward-the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in -effect, or to provide a nun- refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination • or until termination is required by Applicable Law_. Nothing in this . Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. . - •Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and.may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements art on terms and conditions that . are -, satisfactory to.the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make pay_ ments using any source of funds that { PEWSYLVANIA— Single Panty —Pwala Ma6TmJdla Mae UMPORM INSTRUMFM Form 3039 LOI' (page 7 of II Pam) rinQmIPA7 ' L , DOQADLT.Pra O3 /23 /2003 7 G2 i i i 33332210HRIDER 15, Notices. All notices given by Borrower or Lender in connection with this Security Instrument rust be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by fast class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by fast class mail to Lender's address stated herein runless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Lew. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument. (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include tho plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument 18. Transfer of the Property or a Beneficial Interest In Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand an Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of. (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower; (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation MNSYLVANIA —Shale I' mly —Na-4- MaNProOMe aLc uNIPORM tXMUMBNT Fw 3039 IN1 10 of14papa) DOCUIPAID DOCMWAA.7Pa 08/3517000 BEt.1941A`�,5Q9 1 . it 33332210118IBRR to pay the sums secured by this Security Instrument, shall co utimre unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forme, as selected by Tender: (a) cash; (b) money order, (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer ") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrumnt, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Scrviccr, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and oppornmity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, of otherwise trigger an Environmental Cleanup. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, rue, or storage on the Properly of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any govemn=tal or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous PENNSYLVANIA —S"i gk Fmly —Famde MedFreddle Mee UNIFORM rNSTRUMEM Fo 3039 U01 (page 11 eJ4 page oocvureu aocviris.V= x/39/9009 BK19b,1FS2510 3333221ORBI93R Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental ar regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take ail necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON- UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Leader shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). Lender shall notify Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) when the default must be cured; and (d) that failure to cure the default as specified may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non - existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender at its option may require immediate payment in full of all sums secured by this Security Instraraent without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses Incurred in pursuing the remedies provided in this Section 22, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by Applicable Law. 23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee in permitted under Applicable Law. 24. Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases any error or defects in proceedings to enforce this Security hutnrment, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 25. Reinstatement Period. Borrowefs time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bidding at a sheriffs sale or other sale pursuant to this Security ]nstrument. 26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 27. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. PENNSYLVANIA — Single Famly— Faaufe MadFreddle Mac UNIFORM INSTRUMENT Form 30339 tlDr (a80 /t o //l pager) DOCLIIPAl2 DOCDIYAC.7M 04/77/7005 8f(9 4,: f P6 2 5! l 1 33333210HEI98R BY SIG G BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Ins end in any hider xecuted by Borrower and recorded with it. 80RR0 TIE X7 SER - DATE - BORRO - K. L CI A H3IS$R - DATE PENNSYLVANIA- -S'mdc Fmdiy —Fannk MadFreUle Mac UNIFORM INSTRUMENT Form 3039 Vol &Wl3cl / DOCUIPAI7 DOCO1PAD.VS3 0 {/39/3005 S�(1941 PIS '5"2 ........ ....._ [Space Below This Line For Acknowledgment) 33332210HEI88R Comntonwea of Mpermmlly County of On this the efor me �C.t L the undersigned offi, d ��C71Y�W' 4& known to me (or satisfactorily proven) to be the person(s) whose name(s) I s subscribed to the within instrument and acknowledged that HE executed the same for the purposes there' contained. In witness whereof, I hereunto act my hand and official s N blic C ONWMTHOFPENN VAWA t ob rW SW Jao*"m L DIaWxgl 1, h D Pwft Title of Off1 My Carrrs46lon E1glYm Aug. t4, 2007 hly Cormnission NInIAwftAModadMOFM*dm CERTWICATE OF RESIDENCE: I do hereby certify that the correct address of the within -namcd lender is 100 SENATE AVENUE, CAMP HILL, PA 17011. Witness my hand this 17TH day of FEBRUARY, 20 gent of Lender PENNSYLVANIA— Sidyle Fa m'ly— Fanol& M2e/Preddk Kat UNIPORM INSTRUMENT Porn 34391AI (pay& 1$ of l( paM) DOCUIPA14 00=VAM.V 09/29/2005 Bil 1 1 1 1 1 r'. i 3 BALLOON RIDER (CONDITIONAL MODIFICATION AND EXTENSION OF LOAN TERMS) REISER LAIN# . 3 3 3 31 ] 10 FIR I O RR THIS BALLOON RIDER is made this 17TH day of FSBRVARY, 3006 and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust, or Deed to Secure Debt (the "Security Instrument ") of the same date given by the undersigned (the 'Borrower'l to secure the Borrower's Note to CO&=RC3 BANK /HARRISBURG, N.A. (the "Lender'l of the same date and covering the property described in the Security Instrument and located at: 1000 SANDBANK ROAD, MOUNT HOLLY SPRINGS, PA 17065 [Property Address] The interest rate stated on the Note is called the `Note Rate." The date of the Note is called the "Note Date." I understand the Lender may transfer the Note, Security Instrument and this Rider. The Lender or anyone who takes the Note, the Security Instrument and this Rider by transfer and who is entitled to receive payments under the Note is called the "Note Holder." ADDITIONAL COVENANTS. In addition to the covenants and agreements in the Security Instrument, Borrower and Lender further covenant and agree as follows (despite anything to the contrary contained in the Security Instrument or the Note): I. CONDITIONAL MODIFICATION AND EXTENSION OF LOAN TERMS At the maturity date of the Note and Security Instrument (the `Note Maturity Date "), I will be able to extend the Note Maturity Date to MARCH 1, 2036 (the "Sxtcnded Maturity Date ") and modify the Note Rate to the "Modified Note Rate" determined in accordance with Section 3 below if all the conditions provided in Sections 2 and 5 below are met (the "Conditional Modification and Extension Option "). If those conditions are not met, I understand that the Note Holder is under no obligation to refinance the Note or to modify the Note, reset the Note Rate or extend the Note Maturity Date, and that I will have to repay the Note from my own resources or find a lender willing to lend me the money to repay the Note. MUt.17sTATa RALr.00N RIDER (MWIfl lon eed En tevdm} -Single Pa.wly— F.vddle Mac UNIFORM INSTRUMENT Perm 3190 trot r n11Vwz 10/24 /3oo3 (PW 10 0 Pages) Sit I J 41i IPG ! 5 i 4 f ' 2. CONDITIONS TO OPTION 33332210HEI98R If I want to exercise the Conditional Modification and Extension Option, certain conditions must be met as of the Note Maturity Date. These conditions are: (a) I must still be the owner and occupant of the property subject to the Security Instrument (the "Property "); (b) I must be current in my monthly payments and cannot have been more than 30 days late on any of the 12 scheduled monthly payments imrnediately preceding the Note Maturity Date; (c) there are no liens, defects, or encumbrances against the Property, or other adverse matters affecting title to the Property (except for taxes and special assessments not yet due and payable) arising after the Security Instrument was recorded; (d) the Modified Note Rate cannot be more than 5 percentage points above the Note Rate; and (e) I must make a written request to the Note Holder as provided in Section 5 below. 3. CALCULATING THE MODIFIED NOTE RATE The Modified Note Rate will be a fixed rate of interest equal to the Federal Home Loan Mortgage Corporation's required net yield for 30 -year fixed rate mortgages subject to a 60-day mandatory delivery commitment, plus one -half of one percent (0.5%), rounded to the nearest one- eighth of one percent (0.125 1 /6) (the "Modified Note Rate The required net yield shall be the applicable net yield in effect on the date and time of day that I notify the Note Holder of my election to exercise the Conditional Modification and Extension Option. If this required net yield is not available, the Note Holder will determine the Modified Note Rate by using comparable information. 4. CALCULATING THE NEW PAYMENT AMOUNT Provided the Modified Note Rate as calculated in Section 3 above is not greater than 5 percentage points above the Note Rate and all other conditions required in Section 2 above are satisfied, the Note Holder will determine the amount of the monthly payment that will be sufficient to repay in full (a) the unpaid principal, plus (b) accrued but unpaid interest, plus (c) all other sums I will owe under the Note and Security Instrument on the Note Maturity Date (assuming my monthly payments then are current, as required under Section 2 above), over the remaining extended term at the Modified Note Rate in equal monthly payments. The result of this calculation will be the new amount of my principal and interest payment every month until the Note is fully paid. 5. EXERCISING THE CONDITIONAL MODIFICATION AND EXTENSION OPTION The Note Holder will notify me at least 60 calendar days in advance of the Note Maturity Date and advise me of the principal, seemed but unpaid interest, and all other sums I am expected to owe on the Note Maturity Date. The Note Holder also will advise me that I may exercise the Conditional Modification and Extension Option if the conditions in Section 2 above are met. The Note Holder will provide my payment record information, together with the name, title and address of the person representing the Note Holder that I must notify in order to exercise the Conditional Modification and Extension Option. If I meet the conditions of Section 2 above, I may exercise the Conditional Modification and Extension Option by notifying the Note Holder no earlier than 60 calendar days and no later than 45 calendar days prior to the Note Maturity Date. The Note Holder will calculate the fixed Modified Note Rate based upon the Federal Home Loan Mortgage Corporation's applicable published required net yield in effect on the date and time of day notification is received by the Note Holder and as calculated in Section 3 above. I will then have 30 calendar days to provide the Note Holder with acceptable proof of my required ownership, occupancy and property lion status. Before the Note Maturity Date the Note Holder will a dvise me of the new interest rate (the Modified Note Rate), new monthly payment amount and a date, tine and place at which I must appear to sign any documents required to complete the required Note Rate modification and Note Maturity Date extension. I understand the Note Holder will ch arge me MULTISTATE BALLOON RmER (ModlOnaon and Extension - Single Rndl y- Freddla Mae UNIFORM INSTRUMENT 1 -.3190 1/01 D OO i ?vrx ro /lahow. (p�e2oj3pdgrsJ t BN:1 94 A 33332210HEISSR a $250 processing fee and the costs associated with the exercise of the Conditional Modification and Extension Option, including but not limited to the cost of updating the title insurance policy, BY SIGNING BELOW, BORROWER accepts and agrees to the terms and covenants contained in this Balloon ORROWIQ2 . HYIBSR - DATE - /7�G BOMPU - If. T-UC3ftMA U3I - DATE - MULTISTATE BALLOON RIDER (ModHleation and F,xbmlon)Single Family— Freddle Mae UNIFORM MTRUMRNT Form 3190 I /O1 DOC.URRBO Ove 3 nj3 prgr..r) V000Dae3.V= 10 /3.e /3003 SCHEDULE C LEGAL DESCRIPTION Commitment Number: 5100 -370 File Number: $100370 ALL THAT CERTAIN tract of land with improvements thereon erected situate In the Township of Dickinson, County of Cumberland, State of Pennsylvania, more particularly bounded and described as follows, to wit BEGINNING at a point common to lands of Parker Group, Lloyd Rockey and R.William McCoy, said point Is in private road also known as Oak Lane Manor; thence along lands of Uoyd Rockey, South 21 degrees 00 minutes West 2,706.00 feet to a point, thence along lands of Old Folks Hunting Club, South 85 degrees 30 minutes West 525.41 feet, more or less to a point; thence along Lot No. 3 on R. William McCoy, Plan Book _, Page _, North 05 degrees 51 minutes 23 seconds West 812.03 feet to a point; thence along southern edge of a 50 foot private right -of -way, South 74 degrees 14 minutes 10 seconds West 847.16 feet to a point; thence by a curve to the right having a radius of 294.40 feet and an arc distance of 233.55 feet to a point; thence by a curve to the left having a radius of 244.40 feet and an arc distance of 93.62 feet to a point; thence along and through dirt mountain road, North 23 degrees 37 minutes 09 seconds East 113.66 feet, more or less to a point at land of John D. Morda; thence along lands of Morda, South 66 degrees 00 minutes East 270.31 feet to an existing Iron pin at northern edge of 50 foot right -of -way; thence along northern edge of right -of -way, North 74 degrees 14 minutes 10 seconds East 767.63 feet to a point; thence along lands of John D. Morda as set forth in Plan Book 38, Page 81 and lands of Robert L. Belden, North 34 degrees 45 minutes West 349.96 feet to a point thence continuing along lands of Belden, North 20 degrees 45 minutes West 234 feet to a point thence along same, North 83 degrees West 424.00 feet to a point; thence along lands of Richard P. Valk, North 21 degrees 00 minutes East 1,173.03 feet to a point; thence along other lands of R. William McCoy, North 86 degrees 30 minutes East 1,583.34 feet to a point; thence along lands of Parker E. Group the following three courses and distances: 1) South 00 degrees 56 minutes 32 seconds West 138.30 feet; 2) South 57 degrees 35 minutes East 158.30 feet; 3) North 50 degrees 00 minutes 40 seconds East 357.00 feet to a point, the Place of BEGINNING. C6itify this to be recorded In Cumberland County PA ,r'fr ry Reccrder of Deeds STEWART TITLE ONARANTY COMPANY • E TR BANK 3301 P'a:xtvr� Street 888.937.0004 Harrisburg, PA 171111 myrne"bank.corn July 4, 2013 ACT d /91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM ( HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of the Notice If you have any questions you may call the Pennsylvania Housing Finance Agency toll free at 1- 800 - 342 -2397 Persons with impaired hearing can call 717) 780 -1869. This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. EXHIBIT t KENNETH W HEISER M LUCINDA HEISER 1000 SANDBANK ROAD MT HOLLY SPRINGS PA 17065 Property Address – 1000 SANDBANK ROAD MT. HOLLY SPRINGS PA 17065 Loan account number – 000033332210 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 consu 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 s 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 APPLICATION SOONAS POSSIBLE IF YOU HAVE A MEETING WITH A COUNSELING A GENCY WITHIN 33 DA YS OF THE POSTMARK DA TE OF THIS NOTICE AND FILE ANAPPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED 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 APPLICA TION EVEN BEYOND THESE TIME P E R I O D S . A L A TEAPPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALL YAPPROVED A TANY 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 (Brim it up to date) NATURE OF THE DEFAULT —The MORTGAGE debt held by the above lender on your property located at: 1000 SANDBANK ROAD MT. HOLLY SPRINGS PA 17065 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: May 1St $3650.35, June 1" $3650.35, July 1" $3650.35 Late fees $2128.96 TOTAL AMOUNT PAST DUE: $ 13,080.01, due $ 05/01/2013. B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION: Make monthly payments, communicate with Metro Bank. HOW TO CURE THE DEFAULT —You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS 13,080.01 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE "THIRTY (30) DAY PERIOD. Payments must be made either by cash cashier's check certified check or money order made payable and sent to: Metro Bank 1 3801 Paxton Street P.O. Box 4999 Harrisburg, PA 17111 -0999 IF YOU DO NOT CURE THE DEFAULT —If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON —The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES —The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE —If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paying the total amount then past due, plus any late or other charges then due reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE —It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately six months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Metro Bank Address: 3801 Paxton Street, P.O. Box 4999 Harrisburg, PA 17111 -0999 Phone Number: (717) 412 -6893 Fax Number: (717) 412 -6191 Contact Person: 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, provided that all the outstanding payments, charges and f ' v 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. 1 ' Quigley, Beverly L. From: US_ Postal_ Service @usps.com Sent: Thursday, October 03, 2013 4:04 PM To: Quigley, Beverly L. Subject: U.S. Postal Service Track & Confirm email Restoration - 70101670000058263187 This is a post -only message. Please do not respond. Beverly Quigley has requested that you receive this restoration information for Track & Confirm as listed below. Current Track & Confirm e -mail information provided by the U.S. Postal Service. Label Number: 70101670000058263187 Service Type: Certified Mail Shipment Activity Location Date & Time ------------------------------------------------------------------------------------------------------------------- Delivered MOUNT HOLLY SPRINGS PA 17065 July 11, 2013 2:49 pm Available for Pickup MOUNT HOLLY SPRINGS PA 17065 July 5, 2013 1:50 pm Arrival at Unit CARLISLE PA 17013 July 5, 2013 8:27 am Processed through USPS Sort Facility HARRISBURG PA 17107 July 4, 2013 2:58 pm Depart USPS Sort Facility HARRISBURG PA 17107 July 4, 2013 Processed through USPS Sort Facility HARRISBURG PA 17107 July 3, 2013 11:37 pm USPS has not verified the validity of any email addresses submitted via its online Track & Confirm tool. For more information, or if you have additional questions on Track & Confirm services and features, please visit the Frequently Asked Questions (FAQs) section of our Track & Confirm tool at http://www.usps.com/shipping/trackandconfirmfags.htm 1 Quigley, Beverly L. From: US_ Postal_ Service @usps.com Sent: Thursday, October 03, 2013 4:03 PM To: Quigley, Beverly L. Subject: U.S. Postal Service Track & Confirm email Restoration - 70101670000058263170 This is a post -only message. Please do not respond. Beverly Quigley has requested that you receive this restoration information for Track & Confirm as listed below. Current Track & Confirm e -mail information provided by the U.S. Postal Service. Label Number: 70101670000058263170 Service Type: Certified Mail" Shipment Activity Location Date & Time -------------------------------------------------------=----------------------------------------------------------- Delivered MOUNT HOLLY SPRINGS PA 17065 July 11, 2013 2:49 prn Available for Pickup MOUNT HOLLY SPRINGS PA 17065 July 5, 2013 1:50 pm Arrival at Unit CARLISLE PA 17013 July 5, 2013 8:27 am Processed through USPS Sort Facility HARRISBURG PA 17107 July 4, 2013 2:58 pm Depart USPS Sort Facility HARRISBURG PA 17107 July 4, 2013 Processed through USPS Sort Facility HARRISBURG PA 17107 July 3, 2013.11:37 pm USPS has not verified the validity of any email addresses submitted via its online Track & Confirm tool. For more information, or if you have additional questions on Track & Confirm services and features, please visit the Frequently Asked Questions (FAQs) section of our Track & Confirm tool at http: / /www.usps.com /shipping /trackandconfirmfags htm 1 FORM 1 Metro Bank f /k/a Commerce Bank I IN THE COURT OF COMMON PLEAS OF Harrisburg N.A. CUMBERLAND COUNTY, PENNSYLVANIA r Plaintiff(s) h C � moo Kenneth W. Heiser and M. Lucinda ;0 rv! Heiser, Individually and Jointly p �, -� `�' -� Defendants) 0 � Civil Q rt ?� C'7 C:) O f 7 NOTICE OF RESIDENTIAL MORTGAGE FOREC40SURE 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. es a I mitt d: ��r o�.3, oZ9 Date S(gnattire of Cou 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? INFORMATI FINANCIAL First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: $ Included Taxes and Insurance: Date of Last Payment: Primary Reason for Default: Is the loan in Bankruptcy? Yes ❑ No ❑ If yes, provide names, location of court, case number & attorney: Asset Amount Owed: Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile #1 : Model: Year: Amount owed: Value: Automobile #2 : Model: Year: Amount owed: Value: Other transportation (automobiles, boats, motorcycles): Model: Year: Amount owed: Value: Monthly Income Name of Employers: 1. Monthly Gross Monthly Net 2. Monthly Gross Monthly Net 3. Monthly Gross Monthly Net Additional Income Description (not wages): 1. Monthly Amount: 2. Monthly Amount: Borrower Pay Days: Co- Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently payins) 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 /Tuit. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income and Expenses: Have you been working with a Housing Counseling Agency? Yes ❑ No ❑ If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax: Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes [] No If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Please provide the following information, if know, regarding your lender or lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: AUTH I/We, , authorize the above named to use /refer this information to my lender /servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I /we understand that I /we am /are under no obligation to use the services provided by the above named Borrower Signature Date Borrower Signature Date Please forward this document along with the following information to lender and lender counsel: V Proof on income V Past 2 bank statements V Proof of any expected income for the last 45 days V Copy of a current utility bill V Letter explaining reason for delinquency and any supporting documentation V (hardship letter) Listing agreement (if property is currently on the market) V Copy of 2 years of federal income tax returns V Copy of deed FORM 3 Metro Bank f /k/a Commerce Bank / IN THE COURT OF COMMON PLEAS OF Harrisburg, N.A. CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) VS. Kenneth W. Heiser and M. Lucinda HaiSPr. Inriivirfimlly anri .ininfiv Defendant(s) Civil REQUEST FOR CONCILIATION CONFERENCE Pursuant to the Administrative Order dated 2012 governing the Cumberland County Residential Mortgage Foreclosure Diversion Program, the undersigned hereby certifies as follows: 1. Defendant is the owner of the real property which is the subject of this mortgage foreclosure action; 2. Defendant lives in the subject real property, which is defendant's primary residence; 3. Defendant has been served with a "Notice of Residential Mortgage Foreclosure Diversion Program: and has taken all of the steps required in that Notice to be eligible to participate in a court - supervised conciliation conference. The undersigned verifies that the statements made herein are true and correct. I understand that statements are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Signature of Defendant's Counsel /Appointed Date Legal Representative Signature of Defendant Date Signature of Defendant Date FORM 4 Metro Bank f /k/a Commerce Bank / IN THE COURT OF COMMON PLEAS OF Harrisburg, N.A. CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) vs. Kenneth W. Heiser and M. Lucinda Heiser. Individually and Jointly Defendants) Civil CASE MANAGEMENT ORDER AND NOW, this day of , 20 , the defendant /borrower in the above - captioned residential mortgage foreclosure action having filed a Request for Conciliation Conference verifying that the defendant /borrower has complied with the Administrative Rule requirements for the scheduling of a Conciliation Conference, it is hereby ORDERED AND DECREED that: 1. The parties and their counsel are directed to participate in a court- supervised conciliation Conference on at M. in at the Cumberland County Courthouse, Carlisle, Pennsylvania. 2. At least twenty -one (21) days prior to the date of the Conciliation Conference, the defendant /borrower must serve upon the Plaintiff /lender and its counsel a copy of the "Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet" (Form 2) which has been completed by the defendant /borrower. Upon agreement of the parties in writing or at the discretion of the Court, the Conciliation Conference ordered may be rescheduled to a later date and /or the date upon which service of the completed Form 2 is to be made may be extended. Upon notice to the Court of the defendant /borrower's failure to serve the completed Form 2 with the time frame set forth herein or such other date as agreed upon by the parties in writing or ordered by the Court, the case shall be removed from the Conciliation Conference schedule and the temporary stay of proceedings shall be terminated. 3. The defendant /borrower and counsel for the parties must attend the Conciliation Conference in person and an authorized representative of the plaintiff /lender must either attend the Conciliation Conference in person or be available by telephone during the course of the Conciliation Conference. The representative of the plaintiff /lender who participates in the Conciliation Conference must possess the actual authority to reach a mutually acceptable resolution, and counsel for the plaintiff /lender must discuss resolution proposals with the authorized representative in advance of the Conciliation Conference. If the duly authorized representative of the plaintiff /lender is not available by telephone during the Conciliation Conference, the court will schedule another Conciliation Conference and require the personal attendance of the authorized representative of the plaintiff /lender at the rescheduled Conciliation Conference 4. At the Conciliation Conference, the parties and their counsel shall be prepared to discuss and explore all available resolution options which shall include: bringing the mortgage current through a reinstatement; paying off the mortgage; proposing a forbearance agreement or repayment plan to bring the account current over time; agreeing to tender a monetary payment and to vacate in the near future in exchange for not contesting the matter; offering the lender a deed in lieu of foreclosure; entering into a loan modification or a reverse mortgage; paying the mortgage default over sixty months; and the institution of bankruptcy proceedings. 5. All proceedings in this matter are stayed pending the completion of the scheduled conciliation conference. BY THE COURT, J. 3 ILE 0 F FICL OF .t I�I I I O — 1 1+0 07 I �!�I? 2013 OCT 25 Pik 1 21 CUMBEIdLAND COUNTY PENNSYLVANIA HENRY & BEAVER LLP By: Marc A. Hess Identification No. 55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042 -1140 (717) 274 -3644 METRO BANK f /k/a COMMERCE IN THE COURT OF COMMON PLEAS BANK / HARRISBURG, N.A., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW vs. No. KENNETH W. HEISER and M. LUCINDA HEISER, Individually and Jointly, Defendants PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Sir, please enter the appearance of Marc A. Hess, of the law firm of Henry & Beaver LLP whose address is 937 Willow Street, P.O. Box 1140, Lebanon, Pennsylvania 17042 -1140, as attorney for Metro Bank, the Plaintiff in the above - captioned matter. Dated: Q3 , 2013 RC A. HE S . D. #55774 Ronny R Anderson SHERIFF' AND OFFICE OF CUMBERLAND COUNTY Sheriff Jody S Smith Er�zr of Clotibe l't i PROT`.t � r� „ Chief Deputy ? z t•q fe Richard W Stewart 20.13 OV 15 P M 2: 33 Solicitor CUMBERLAND COUINTy PENNSYLVANIA Metro Bank F/WA Commerce Bank/Harrisburg N.A. vs. Kenneth Heiser(et al.) Case Number 2013-6309 SHERIFF'S RETURN OF SERVICE 10/31/2013 11:37 AM- Deputy Ronald Hoover, being duly sworn according to law, serve Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure "personally'handing a true co P d the requested Notice of copy to a person representing themselves to be the Defendant, to wit: Kenneth Heiser at 1000 Sandbank Rd., Dickinson Twp., Mt. Holly Springs, PA 17065. 10/31/2013 11:38 AM- Deputy Ronald Hoover, being duly sworn according to law, served the requested Notice of RONALD HOOVER, DEPUTY Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure a true copy to a person representing themselves to be Kenneth Heiser, spouse, who accepted a Person in Charge"for M. Lucinda Heiser at 1000 Sandbank Road, Dickinson Township, Mt. H by handing Springs, PA 17065. P s "Adult Holly RONALD HOOVER, DEP TY SHERIFF COST: $51.91 SO ANSWERS, November 04, 2013 RONN• R ANDERSON, SHERIFF (r,)CountySui,e She iff ie,osef;,inG CU�ENNSyLUy COU��►'���, �N1A HENRY & BEAVER LLP By: Marc A. Hess Identification No. 55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 METRO BANK f/k/a COMMERCE : IN THE COURT OF COMMON PLEAS BANK / HARRISBURG, N.A., : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : CIVIL ACTION - LAW vs. : No. 13-6309 Civil Term KENNETH W. HEISER and • M. LUCINDA HEISER, Individually and Jointly, • Defendants • MOTION FOR TERMINATION OF TEMPORARY STAY PURSUANT TO CUMBERLAND COUNTY MORTGAGE FORECLOSURE DIVERSION PROGRAM COMES NOW, Metro Bank f/k/a Commerce Bank / Harrisburg, N.A., Plaintiff, by and through its undersigned counsel, and avers the following: 1. On or about October 25, 2013, Plaintiff filed an action on a Note secured by a Mortgage on Defendants' residential real property commonly known and numbered as 1000 Sandbank Road, Mount Holly Springs, Dickinson Township, Cumberland County, Pennsylvania, which action was docketed to the above term and action number. 2. Attached to the Complaint was a Notice to Plead as well as a Notice of Residential Mortgage Foreclosure Diversion Program as required by Cumberland County Administrative Order entered to 12-16169 Civil Term. 3. The Complaint and Notice of Residential Mortgage Foreclosure Diversion Program was served upon the Defendants on October 31, 2013, as is evidenced by the Sheriff's Return of Service filed with the Prothonotary in the within matter. 4. The Defendants have neither entered an appearance or defense in the matter, nor have they opted to participate in the Diversion Program by taking the affirmative steps required by the Notice. WHEREFORE, Plaintiff respectfully requests the Court enter the proposed Order attached hereto terminating the temporary stay imposed in this matter. HENRY & BEAVER LLP _ ♦ r By. RC A . ESS I.'. #55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 Attorney for Plaintiff 2 VERIFICATION I verify that the statements made in this Motion for Termination of Temporary Stay Pursuant to Cumberland County Mortgage Foreclosure Diversion Program are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. HENRY BEAVER LLP arammew..., pitowo,i By: -...0001111010 MARC A. HESS I.D. #55774 Attorney for Plaintiff CERTIFICATE OF SERVICE I, Lisa I. Fox, of the firm of Henry & Beaver LLP, do hereby certify that I have forwarded a certified true and correct copy of the within Motion for Termination of Temporary Stay Pursuant to Cumberland County Mortgage Foreclosure Diversion Program by regular United States mail, postage prepaid, on ''./ 1'. t, , 2014, to the following: Kenneth W. Heiser 1000 Sandbank Road Mount Holly Springs, PA 17065 M. Lucinda Heiser 1000 Sandbank Road Mount Holly Springs, PA 17065 LISA I. OX r 1 la [t; HENRY & BEAVER LLP ' ' By: Marc A. Hess Identification No. 55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 METRO BANK f/k/a COMMERCE : IN THE COURT OF COMMON PLEAS BANK/ HARRISBURG, N.A., : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : CIVIL ACTION - LAW vs. : No. 13-6309 Civil Term • KENNETH W. HEISER and • M. LUCINDA HEISER, Individually and Jointly, • Defendants ORDER OF COURT AND NOW, this is. day of , 2014, upon consideration of Plaintiff's Motion for Termination of Temporary Stay Pursuant to Cumberland County Mortgage Foreclosure Diversion Program, it is hereby ORDERED that the temporary stay of foreclosure in the within matter pursuant to the Cumberland County Mortgage Foreclosure Diversion Program No. 12-16169 Civil Term, is hereby TERMINATED, VACATED and ANNULLED as to Metro Bank f/k/a Commerce Bank / Harrisburg, N.A. and its action filed to No. 13-6309 Civil Term. Metro Bank f/k/a Commerce Bank / Harrisburg, N.A. is free to proceed with said action. mom.,tieL BY THE COURT, /31- m. mss -� J. 1111.1t 4f /I FEB HENRY & BEAVER LLPEF �N,Al � 1 By: Marc A. Hess Identification No. 55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 METRO BANK f/k/a COMMERCE IN THE COURT OF COMMON PLEAS BANK / HARRISBURG, N.A., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW vs. No. 13-6309 Civil Term KENNETH W. HEISER and M. LUCINDA HEISER, Individually and Jointly, Defendants PRAECIPE FOR ENTRY OF JUDGMENT BY DEFAULT TO THE PROTHONOTARY: Please enter judgment by default in favor of Plaintiff, Metro Bank f/k/a Commerce Bank / Harrisburg, N.A., and against Defendants, Kenneth W. Heiser and M. Lucinda Heiser, individually and jointly, for their failure to plead to the Complaint in this action within the time required. The Complaint was served upon Defendants on October 31, 2013 and contained a Notice to Defend within twenty (20) days from the date of service thereof. The Cumberland County Mortgage Foreclosure Diversion Program Stay was instituted and the same Terminated, Vacated and Annulled by Order of Court dated January 15, 2014. Attached as Exhibit "A" is a copy of Plaintiffs written Notice of Intention to File Praecipe for Entry of Default Judgment which I certify was given in accordance with � 7a Y Pa.R.C.P. 237.1 by regular mail to the Defendants at their last known address on January 21, 2014, which is at least ten (10) days prior to the filing of this Praecipe. To the best of the undersigned's knowledge and belief Defendants are not represented by counsel of record in the within matter. Please enter judgment by default in favor of Plaintiff, Metro Bank f/k/a Commerce Bank / Harrisburg, N.A., and against Defendants Kenneth W. Heiser and M. Lucinda Heiser, individually and jointly, in the amount of: Principal - $ 382,522.63 Interest to 10/4/2013 - 12,950.88 Late Fees to 10/4/2013 - 2,528.14 Escrow Credit - (2,769.08) Unpaid Loan Fees - 55.50 Attorney's Fees for Foreclosure (estimated herein, actual to be collected) - 2,500.00 Total - $ 397,788.07 Plus interest after October 4, 2013, and continuing after entry of judgment at the contract rate ($70.820366 per diem), actual and additional attorney's fees, additional late fees after October 4, 2013, at the contract rate, costs of suit and all other amounts, fees and costs incurred in maintaining and preserving the Plaintiff's collateral and incidental to suit, execution and levy, being the amount demanded in the Complaint. HEN AV LLP By: ARC A. ESS .D. #55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 Attorney for Plaintiff 2 - HENRY & BEAVER LLP By: Marc A. Hess Identification No. 55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 METRO BANK f/k/a COMMERCE IN THE COURT OF COMMON PLEAS BANK / HARRISBURG, N.A., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW vs. No. 13-6309 Civil Term KENNETH W. HEISER and M. LUCINDA HEISER, Individually and Jointly, : Defendants To: Kenneth W. Heiser 1000 Sandbank Road Mount Holly Springs, PA 17065 M. Lucinda Heiser 1000 Sandbank Road Mount Holly Springs, PA 17065 Date of Notice: January 21, 2014 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or (800) 990-9108 HENR V LP By: A ESS i.D. #55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 Attorney for Plaintiff - 2 - UNITEDSTATET CG AL S0WIC—E r Certificate Of in fee,aft stamps or gr postage here. This Certificate of Mailing provides evide ce that m gp fAr1T' -am sr A This form m y be used fordo estic d ternahon From: 4 ? 1 Satrtycy gnwcc W eW 'r 02 1P $ 001.200 0001776012 JAN 21 2014 i rnnen `in rnnF 1,7, O 11 PS Form 3817,April 2007 PSN 7530-02-000-9065a� UNITE----OsTATES POSTAL SEWW E. Certificate Of,"IIIIIPOST�J�o pay fee,affix stamps or This form sate of Mailing provides evidence that m "C'r postage here. This form usedfor domestic internano br us %mom mgr From ^ � � oITH EY Ar1WFC 1 ' 02 1 P $ 001.200 lr; 0001776012 JAN 21 2014 f-nnm "n rfl nr- i 7 n 4 P TO .POtRdih. L. ru tivE Y�► hid I� ,'Z,� 1 a Cl PS Form 3817,April 2007 PSN 7530-02-000 9065 �, �✓ HENRY & BEAVER LLP By: Marc A. Hess Identification No. 55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 METRO BANK f/k/a COMMERCE IN THE COURT OF COMMON PLEAS BANK/ HARRISBURG, N.A., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW vs. No. 13-6309 Civil Term KENNETH W. HEISER and M. LUCINDA HEISER, Individually and Jointly, Defendants To: Kenneth W. Heiser 1000 Sandbank Road Mount Holly Springs, PA 17065 M. Lucinda Heiser 1000 Sandbank Road Mount Holly Springs, PA 17065 NOTICE OF ENTRY OF JUDGMENT Pursuant to Pa.R.C.P. Rule 236 please be advised that judgment by default in the above proceeding was entered against you on _ Feb. , 2014, in the amount of: Principal - $ 382,522.63 Interest to 10/4/2013 - 12,950.88 Late Fees to 10/4/2013 - 2,528.14 Escrow Credit - (2,769.08) Unpaid Loan Fees - 55.50 Attorney's Fees for Foreclosure (estimated herein, actual to be collected) - 2,500.00 Total - $ 397,788.07 Plus interest after October 4, 2013, and continuing after entry of judgment at the contract rate ($70.820366 per diem), actual and additional attorney's fees, additional late fees after October 4, 2013, at the contract rate, costs of suit and all other amounts, fees and costs incurred in maintaining and preserving the Plaintiff's collateral and incidental to suit, execution and levy. A copy of the Praecipe for Entry of Judgment by Default is attached hereto. PROTHOh,QTA r By: Deputy Date: 2014 - 2 - z �, }�J J (, . . ,13EF,Li :0 COUNTY PENNSYLVANIA HENRY & BEAVER LLP By: Marc A. Hess Identification No. 55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 METRO BANK f/k/a COMMERCE : IN THE COURT OF COMMON PLEAS BANK / HARRISBURG, N.A., : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : CIVIL ACTION - LAW vs. : No. 13-6309 Civil Term KENNETH W. HEISER and M. LUCINDA HEISER, Individually • and Jointly, Defendants • PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contact 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. Issue a Writ of Execution in the above matter directed to the Sheriff of Cumberland County to levy upon the real property commonly known as 1000 Sandbank Road, Mount Holly Springs, Dickinson Township, Cumberland County, Pennsylvania 17065 and as more full described in Exhibit "A" attached hereto. sc) -pa a do. * S t.°k` c-(3F 4„ , 'ZrD(I).\ Uji Amount Due - Principal - $ 382,522.63 Interest to 10/4/2013 - 12,950.88 Late Fees to 10/4/2013 - 2,528.14 Escrow Credit - (2,769.08) Unpaid Loan Fees - 55.50 Attorney's Fees for Foreclosure (estimated herein, actual to be collected) - 2,500.00 Costs - This Writ - Plus interest after October 4, 2013, and continuing after entry of judgment at the contract rate ($70.820366 per diem), actual and additional attorney's fees, additional late fees after October 4, 2013, at the contract rate, costs of suit and all other amounts, fees and costs incurred in maintaining and preserving the Plaintiff's collateral and incidental to suit, execution and levy. HENRY & BEAVER LLP "4 -' By: •WA ARC A. HESS I.D. #55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 Attorney for Plaintiff - 2 - ALL THAT CERTAIN tract of land with improvements thereon erected situate in the Township of Dickinson, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and descried as follows, to wit: BEGINNING at a point common to lands of Parker Group, Lloyd Rockey and R. William McCoy, said point is a private road also known as Oak Lane Manor; thence along lands of Lloyd Rockey, South 21 degrees 00 minutes West, 2,706.00 feet to a point; thence along lands of Old Folks Hunting Club, South 85 degrees 30 minutes West, 525.41 feet, more or less, to a point; thence along Lot No. 3 on Plan of R. William McCoy, Plan Book Page , North 05 degrees 51 minutes 23 seconds West, 812.03 feet to a point; thence along southern edge of a 50 foot private right-of-way, South 74 degrees 14 minutes 10 seconds West, 847.16 feet to a point; thence by a curve to the right having a radius of 294.40 feet and an arc distance of 233.55 feet to a point; thence by a curve to the left having a radius of 244.40 feet and an arc distance of 93.62 feet to a point; thence along and through Dirt Mountain Road, North 23 degrees 37 minutes 09 seconds East, 113.66 feet, more or less, to a point at lands of John D. Morda; thence along lands of Morda, South 66 degrees 00 minutes East, 270.31 feet to an existing iron pin at northern edge of 50 foot right-of-way; thence along northern edge of right-of-way, North 74 degrees 14 minutes 10 seconds East, 767.63 feet to a point; thence along lands of John D. Morda as set forth in Plan Book 38, Page 81 and lands of Robert L. Belden, North 34 degrees 45 minutes West, 349.96 feet to a point; thence continuing along lands of Belden, North 20 degrees 45 minutes West, 234 feet to a point; thence along same, North 83 degrees West, 424.00 feet to a point; thence along lands of Richard P. Valk, North 21 degrees 00 minutes East, 1,173.03 feet to a point; thence along other lands of R. William McCoy, North 86 degrees 30 minutes East, 1,583.34 feet to a point; thence along lands of Parker E. Group the following three courses and distances: 1) South 00 degrees 56 minutes 32 seconds West, 138.30 feet; 2) South 57 degrees 35 minutes East, 158.30 feet; 3) North 50 degrees 00 minutes 40 seconds East, 357.00 feet to a point, the place of BEGINNING. CONTAINING approximately 81 acres. BEING the same premises which Fay E. McCoy and R. William McCoy, her husband, granted and conveyed to Kenneth W. Heiser and M. Lucinda Heiser, his wife, by Deed dated September 28, 1999, and recorded September 29, 1999 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 208 at Page 671. KNOWN AS 1000 Sandbank Road, Mount Holly Springs, Pennsylvania PARCEL NO. 08-12-0338-049 r1 i� [( • ( • rrd- si lam,I {V'' V ! i VA 1W HENRY & BEAVER LLP By: Marc A. Hess Identification No. 55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 METRO BANK f/k/a COMMERCE : IN THE COURT OF COMMON PLEAS BANK / HARRISBURG, N.A., : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : CIVIL ACTION - LAW vs. : No. 13-6309 Civil Term • KENNETH W. HEISER and • M. LUCINDA HEISER, Individually and Jointly, • • Defendants AFFIDAVIT PURSUANT TO RULE 3129.1 Metro Bank f/k/a Commerce Bank / Harrisburg, N.A., Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed and as of the present time the following information concerning the real property located at 1000 Sandbank Road, Mount Holly Springs, Dickinson Township, Cumberland County, Pennsylvania 17065, and having a legal description as set forth on Exhibit "A" attached hereto and incorporated by reference: 1. Name and address of Owners or Reputed Owners: Name Address Kenneth W. Heiser 1000 Sandbank Road Mount Holly Springs, PA 17065 M. Lucinda Heiser 1000 Sandbank Road Mount Holly Springs, PA 17065 2. Name and address of Defendants in the judgment. Name Address Kenneth W. Heiser 1000 Sandbank Road Mount Holly Springs, PA 17065 M. Lucinda Heiser 1000 Sandbank Road Mount Holly Springs, PA 17065 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Metro Bank f/k/a 3801 Paxton Street Commerce Bank / Harrisburg, N.A. Harrisburg, PA 17111 Donald Diehl 4 East High Street, Suite A Carlisle, PA 17013 American Express Bank FSB 4315 S 2700 W Salt Lake City, UT 84184 PA Department of Revenue P.O. Box 280948 Bureau of Compliance Harrisburg, PA 17128 U.S. Treasury Department 1000 Liberty Avenue Pittsburgh Office Room 808 Pittsburgh, PA 15222 - 2 - 4. Name and address of the last recorded holder of every mortgage of record: Name Address Metro Bank f/k/a 3801 Paxton Street Commerce Bank/ Harrisburg, N.A. Harrisburg, PA 17111 5. Name and Address of every other person who has any record lien on the property: Name Address n/a 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address n/a 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Carlisle Area School District 623 West Penn Street Carlisle, PA 17013 Dickinson Township 219 Mountain View Road Mount Holly Springs, PA 17065 Tax Collector, Dickinson Township Carolyn R. McQuillen 219 Mountain View Road Mount Holly Springs, PA 17065 - 3 - Cumberland County Tax Claim Bureau Cumberland County Courthouse One Courthouse Square, Room 106 Carlisle, PA 17013 Cumberland County Treasurer Cumberland County Courthouse One Courthouse Square, Room 103 Carlisle, PA 17013 Cumberland Co. Domestic Relations 13 North Hanover Street Support Division P.O. Box 320 Carlisle, PA 17013 Commonwealth of Pennsylvania Department 280946 Department of Revenue Harrisburg, PA 17125-0946 Bureau of Compliance Commonwealth of Pennsylvania P.O. Box 2675 Department of Welfare Harrisburg, PA 17105 Commonwealth of Pennsylvania 6th Floor, Strawberry Square Bureau of Individual Taxes Department 280601 Inheritance Tax Division Harrisburg, PA 17128 Attn: John Murphy Department of Public Welfare Willow Oak Building T.P.L. Casualty Unit P.O. Box 8486 Estate Recovery Program Harrisburg, PA 17105 Internal Revenue Service 600 Arch Street Federal Estate Tax P.O. Box 1205 Special Procedures Branch Philadelphia, PA 19105 Internal Revenue Service 600 Arch Street, Room 3259 Advisory Unit Philadelphia, PA 19106 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements - 4 - herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. HEN' J A 4R L Date: 1)2 Ltupa D6 By: ' AR A. HES+ I.D. #55774 Attorney for Plaintiff - 5 - ALL THAT CERTAIN tract of land with improvements thereon erected situate in the Township of Dickinson, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and descried as follows, to wit: BEGINNING at a point common to lands of Parker Group, Lloyd Rockey and R. William McCoy, said point is a private road also known as Oak Lane Manor; thence along lands of Lloyd Rockey, South 21 degrees 00 minutes West, 2,706.00 feet to a point; thence along lands of Old Folks Hunting Club, South 85 degrees 30 minutes West, 525.41 feet, more or less, to a point; thence along Lot No. 3 on Plan of R. William McCoy, Plan Book Page , North 05 degrees 51 minutes 23 seconds West, 812.03 feet to a point; thence along southern edge of a 50 foot private right-of-way, South 74 degrees 14 minutes 10 seconds West, 847.16 feet to a point; thence by a curve to the right having a radius of 294.40 feet and an arc distance of 233.55 feet to a point; thence by a curve to the left having a radius of 244.40 feet and an arc distance of 93.62 feet to a point; thence along and through Dirt Mountain Road, North 23 degrees 37 minutes 09 seconds East, 113.66 feet, more or less, to a point at lands of John D. Morda; thence along lands of Morda, South 66 degrees 00 minutes East, 270.31 feet to an existing iron pin at northern edge of 50 foot right-of-way; thence along northern edge of right-of-way, North 74 degrees 14 minutes 10 seconds East, 767.63 feet to a point; thence along lands of John D. Morda as set forth in Plan Book 38, Page 81 and lands of Robert L. Belden, North 34 degrees 45 minutes West, 349.96 feet to a point; thence continuing along lands of Belden, North 20 degrees 45 minutes West, 234 feet to a point; thence along same, North 83 degrees West, 424.00 feet to a point; thence along lands of Richard P. Valk, North 21 degrees 00 minutes East, 1,173.03 feet to a point; thence along other lands of R. William McCoy, North 86 degrees 30 minutes East, 1,583.34 feet to a point; thence along lands of Parker E. Group the following three courses and distances: 1) South 00 degrees 56 minutes 32 seconds West, 138.30 feet; 2) South 57 degrees 35 minutes East, 158.30 feet; 3) North 50 degrees 00 minutes 40 seconds East, 357.00 feet to a point, the place of BEGINNING. CONTAINING approximately 81 acres. BEING the same premises which Fay E. McCoy and R. William McCoy, her husband, granted and conveyed to Kenneth W. Heiser and M. Lucinda Heiser, his wife, by Deed dated September 28, 1999, and recorded September 29, 1999 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 208 at Page 671. KNOWN AS 1000 Sandbank Road, Mount Holly Springs, Pennsylvania PARCEL NO. 08-12-0338-049 A T �i i AU3 V1� E. 2 fp:,Eil[T tr 1-2s.1 y:1181 11 HENRY & BEAVER LLP By: Marc A. Hess Identification No. 55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 METRO BANK f/k/a COMMERCE : IN THE COURT OF COMMON PLEAS BANK / HARRISBURG, N.A., : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : CIVIL ACTION - LAW vs. : No. 13-6309 Civil Term KENNETH W. HEISER and • M. LUCINDA HEISER, Individually • and Jointly, • Defendants • NOTICE OF SHERIFF'S SALE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.2 TAKE NOTICE that a Sheriffs sale of valuable real estate will be held at the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. Room location will be posted at every entrance. WEDNESDAY JUNE 4, 2014 10:00 A.M. PREVAILING LOCAL TIME of all the estates, rights, titles, properties, claims and demands of the property of Kenneth W. Heiser and M. Lucinda Heiser, individually and jointly, which are more fully described below: OWNER OF PROPERTY: Kenneth W. Heiser M. Lucinda Heiser LOCATION OF PROPERTY TO BE SOLD: 1000 Sandbank Road Mount Holly Springs, Dickinson Township, Cumberland County, Pennsylvania DESCRIPTION OF PROPERTY TO BE SOLD: A legal description is attached hereto, incorporated herein and identified as Exhibit "A". IMPROVEMENTS ON PROPERTY: together with all improvements and appurtenances. This Sheriff's sale takes place pursuant to a Judgment against Kenneth W. Heiser and M. Lucinda Heiser, individually and jointly, in favor of Metro Bank f/k/a Commerce Bank / Harrisburg, N.A. which Judgment was entered at No. 13-6309-Civil Term in the amount of: Principal - $ 382,522.63 Interest to 10/4/2013 - 12,950.88 Late Fees to 10/4/2013 - 2,528.14 Escrow Credit - (2,769.08) Unpaid Loan Fees - 55.50 Attorney's Fees for Foreclosure (estimated herein, actual to be collected) - 2,500.00 Total - $ 397,788.07 Plus interest after October 4, 2013, and continuing after entry of judgment at the contract rate ($70.820366 per diem), actual and additional attorney's fees, additional late fees after October 4, 2013, at the contract rate, costs of suit and all other amounts, fees and costs incurred in maintaining and preserving the Plaintiff's collateral and incidental to suit, execution and levy. If you have a question about the full amount due and owing through the date of Sheriff's Sale, you can get that information by contacting the attorney whose name, address and telephone number appears below. TAKE NOTICE that a Schedule of Distribution will be filed by the Sheriff on a date not later than thirty (30) days after the Sheriffs sale and distribution will be made in - 2 - accordance with that Schedule of Distribution unless exceptions are filed thereto within ten (10) days after the filing of the Schedule of Distribution. No further notice of the filing of Schedule of Distribution will be given. YOU MAY HAVE A LIEN OR OTHER INTEREST IN THE ABOVE PROPERTY. Any lien or interest you have in the above property may be forever lost or otherwise impaired if you do not properly take action to protect such lien or interest. You may have legal rights to prevent any lien or interest you have in the above property from being lost or otherwise impaired. For example, before the Sheriffs Sale, you may file a petition with the above Court of Common Pleas in order to open or strike the above judgment, or to stay or set aside the Sheriff's Sale, if you feel you have a defense or objection to the judgment or the execution procedures used, or for any other proper causes. After the Sheriffs Sale, but before delivery of the Sheriffs Deed to the real property, a petition to set aside the Sheriff's Sale for a grossly inadequate price or for any other proper causes also may be filed with said Court. You also may have the right to free legal help. A lawyer can advise you more specifically of these and other rights you may have regarding the above matters. If you wish to exercise your rights, however, you must act promptly or you may lose such rights. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or (800) 990-9108 Ronny R. Anderson 1%6 �` _ Sheriff of Cumberland County a c A . Hess I.D. #55774 HENRY & BEAVER LLP Attorney for Plaintiff - 3 - ALL THAT CERTAIN tract of land with improvements thereon erected situate in the Township of Dickinson, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and descried as follows, to wit: BEGINNING at a point common to lands of Parker Group, Lloyd Rockey and R. William McCoy, said point is a private road also known as Oak Lane Manor; thence along lands of Lloyd Rockey, South 21 degrees 00 minutes West, 2,706.00 feet to a point; thence along lands of Old Folks Hunting Club, South 85 degrees 30 minutes West, 525.41 feet, more or less, to a point; thence along Lot No. 3 on Plan of R. William McCoy, Plan Book Page , North 05 degrees 51 minutes 23 seconds West, 812.03 feet to a point; thence along southern edge of a 50 foot private right-of-way, South 74 degrees 14 minutes 10 seconds West, 847.16 feet to a point; thence by a curve to the right having a radius of 294.40 feet and an arc distance of 233.55 feet to a point; thence by a curve to the left having a radius of 244.40 feet and an arc distance of 93.62 feet to a point; thence along and through Dirt Mountain Road, North 23 degrees 37 minutes 09 seconds East, 113.66 feet, more or less, to a point at lands of John D. Morda; thence along lands of Morda, South 66 degrees 00 minutes East, 270.31 feet to an existing iron pin at northern edge of 50 foot right-of-way; thence along northern edge of right-of-way, North 74 degrees 14 minutes 10 seconds East, 767.63 feet to a point; thence along lands of John D. Morda as set forth in Plan Book 38, Page 81 and lands of Robert L. Belden, North 34 degrees 45 minutes West, 349.96 feet to a point; thence continuing along lands of Belden, North 20 degrees 45 minutes West, 234 feet to a point; thence along same, North 83 degrees West, 424.00 feet to a point; thence along lands of Richard P. Valk, North 21 degrees 00 minutes East, 1,173.03 feet to a point; thence along other lands of R. William McCoy, North 86 degrees 30 minutes East, 1,583.34 feet to a point; thence along lands of Parker E. Group the following three courses and distances: 1) South 00 degrees 56 minutes 32 seconds West, 138.30 feet; 2) South 57 degrees 35 minutes East, 158.30 feet; 3) North 50 degrees 00 minutes 40 seconds East, 357.00 feet to a point, the place of BEGINNING. CONTAINING approximately 81 acres. BEING the same premises which Fay E. McCoy and R. William McCoy, her husband, granted and conveyed to Kenneth W. Heiser and M. Lucinda Heiser, his wife, by Deed dated September 28, 1999, and recorded September 29, 1999 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 208 at Page 671. KNOWN AS 1000 Sandbank Road, Mount Holly Springs, Pennsylvania PARCEL NO. 08-12-0338-049 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 13-6309 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 KENNETH W.HEISER AND M.LUCINDA HEISER,INDIVIDUALLY AND JOINTLY (1) You are directed to levy upon the property of the defendant(s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s)not levied upon in the possession of GARNISHEE(S)as follows: and to notify the garnishee(s)that: (a)an attachment has been issued;(b)the garnishee(s) is enjoined from paying any debt to or for the account of the defendant(s)and from delivering any property of the defendant (s)or otherwise disposing thereof; (3) If property of the defendant(s)not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee,you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $382,522.63 L.L.: $.50 Interest TO 10/4/2013-$12,950.88 Atty's Comm: Due Prothy: $2.25 Atty Paid: $200.66 Other Costs: LATE FEES TO 10/4/2013-$2,528.14 ESCROW CREDIT$2,769.08-UNPAID LOAN FEES-$55.50-ATTORNEY'S FEES FOR FORECLOSURE-$2,500.00 Plaintiff Paid: Date: 2/28/14 David D. Buell,Prothonot. (Seal) B : Deputy REQUESTING PARTY: Name: MARC A.HESS,ESQUIRE Address: HENRY&BEAVER LLP 937 WILLOW STREET,P.O. BOX 1140 LEBANON,PA 17042-1140 Attorney for: PLAINTIFF Telephone: 717-274-3644 Supreme Court ID No. 55774 Si. 01 CUMBERLAND COUNTY - PENNSYLVANIA HENRY & BEAVER LLP By: Marc A. Hess Identification No. 55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042 -1140 (717) 274 -3644 METRO BANK f /k/a COMMERCE : IN THE COURT OF COMMON PLEAS BANK / HARRISBURG, N.A., : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : CIVIL ACTION - LAW vs. KENNETH W. HEISER and M. LUCINDA HEISER, Individually • and Jointly, : No. 13 -6309 Civil Term Defendants AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA : ss. COUNTY OF LEBANON I, Marc A. Hess, attorney for Plaintiff, do hereby certify that I made service of the attached Notice Pursuant to Section 7425(c) of the United States Internal Revenue Code, Exhibit "A ", upon the Internal Revenue Service as follows: Internal Revenue Service Attn: Collection Advisory Group Manager Advisory Unit 600 Arch Street, Room 3259 Philadelphia, PA 19106 Internal Revenue Service Attn: Collection Advisory Group Manager Advisory Unit 1000 Liberty Avenue, Room 704 Pittsburgh, PA 15222 Said Notice was received by the Internal Revenue Service at both locations on March 20, 2014. Attached hereto as Exhibit "B" and made a part hereof are the United States Postal Service Domestic Return Receipts and I11 cei• o n . for Certified Mail. Sworn to and subscribed to before me this A4M day of March, 2014. Notary Public NOTARIAL SEAL PATRICIA L YOUNG, NOTARY PUBLIC CITY OF LEBANON, LEBANON COUNTY MY COMMISSION EXPIRES DECEMBER 17, 2017 2 Charles V. Henry, III Frederick S. Wolf Thomas P. Harlan Wiley P. Parker* John H. Whitmoyer Christopher J. Coyle Kevin M. Richards Marc A. Hess Amy B. Leonard Roberta J. Gantea Heather A. Eggert I-B Henry &Beaver«P ATTORNEYS AT LAW 937 Willow Street R. Hart Beaver P.O. Box 1140 Retired Lebanon, PA 17042 -1140 www.henrybeaver.com Phone (717) 274-3644, Ext. 115 Fax (717) 274 -6782 hess@henrybeaver.com March 18, 2014 Internal Revenue Service Attn: Collection Advisory Group Manager Advisory Unit 600 Arch Street, Room 3259 Philadelphia, PA 19106 Internal Revenue Service Attn: Collection Advisory Group Manager Advisory Unit ;1000 Liberty Avenue, Room 704 Pittsburgh, PA 15222 * Certified in Civil Trial Advocacy by the National Board of Trial Advocacy Re: Notice Pursuant to Section 7425(c) of the Internal Revenue Code Metro Bank f /k/a Commerce Bank / Harrisburg, N.A. v. Kenneth W. Heiser and M. Lucinda Heiser Common Pleas Court, Cumberland County, Pennsylvania Civil Action No. 13 -6309 Civil Term Sheriff's Sale of Valuable Real Property Scheduled for June 4, 2014 Dear Sir or Madam: Notice is hereby given pursuant to Section 7425(c) of the Internal Revenue Code with respect to the scheduled Sheriff's Sale of real estate situate at 1000 Sandbank Road, Mount Holly Springs, Dickinson Township, Cumberland County, Pennsylvania 17065, as follows: EXHIBIT A Henry & Beaver LLP Page 2 March 18, 2014 1. The name and address of the person giving the Notice is: Marc A. Hess, Esquire HENRY & BEAVER LLP 937 Willow Street P.O. Box 1140 Lebanon, PA 17042 -1140 (717) 274 -3644 hess@heruybeaver.com Attorney for Metro Bank 2. The Sheriffs Sale is being held pursuant to a money Judgment entered to No. 13- 6309 Civil Term in the Court of Common Pleas of Cumberland County, Pennsylvania. The Note upon which the judgment was entered is secured by a Mortgage against the Debtor/Defendants' real property dated February 17, 2006, recorded February 27, 2006 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania at Record Book 1941, Page 2500, et seq. For priority purposes the judgment on the Note relates back to the date of the Mortgage. 3. The United States government has recorded a federal tax liens against the Defendant. The Tax lien was entered in the Court of Common Pleas of Cumberland County, Pennsylvania as follows: Number Date Recorded Amount 13 -558 February 1, 2013 $22,187.44 A copy of the Form 668 affecting the property to be sold is attached hereto. 4. The property to be sold is commonly known and numbered as 1000 Sandbank Road, Mount Holly Springs, Dickinson Township, Cumberland County, Pennsylvania 17065 (the "Real Property "). The Real Property is more particularly described in a Deed recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 208, Page 671, et seq., dated September 28, 1999, recorded September 29, 1999. (See abstract and Deed copies included herewith.) 5. The Real Property will be exposed to sale on Wednesday, June 4, 2014 at 10:00 a.m., local prevailing time, at the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. 6. A copy of the Notice of Sheriffs Sale required by the Pennsylvania Rules of Civil Procedure is included herewith. • Henry & Beaver LLP Page 3 March 18, 2014 7. A full legal description of the property is included with and attached to the Notice of Sheriff's Sale referred to in paragraph 6 above. 8. An abstract of title is attached hereto. 9. The approximate amount of debt, interest and costs are as follows: Principal - Interest to 10/4/2013 - Late Fees to 10/4/2013 - Escrow Credit - Unpaid Loan Fees - Attorney's Fees for Foreclosure (estimated herein, actual to be collected) - Total - $ 382,522.63 12,950.88 2,528.14 (2,769.08) 55.50 2,500.00 $ 397,788.07 Plus interest after October 4, 2013, and continuing after entry of judgment at the contract rate ($70.820366 per diem), actual and additional attorney's fees, additional late fees after October 4, 2013, at the contract rate, costs of suit and all other amounts, fees and costs incurred in maintaining and preserving the Plaintiff's collateral and incidental to suit, execution and levy An additional copy of this Notice is enclosed. Please acknowledge receipt of the same and return it to me in the enclosed self- addressed, stamped envelope. If you have any questions or comments, please feel free to contact me. truly yours, ►4141► Yana 26100 • H SS /lif encl. CERTIFIED MAIL, RETURN RECEIPT REQUESTED No. 7012 3050 0002 1636 0318 7012 3050 0002 1636 0301 cc: Ms. Beverly B. Quigley, Metro Bank - w /encl. Form 668 (Y)(c) (Rev. February 2004) 11883 Department of the Treasury - Internal Revenue Service Notice of Federal Tax Lien Area: Serial Number SMALL BUSINESS /SELF EMPLOYED AREA #2 1 Lien Unit Phone: (800) 913 -6050 917867113 As provided by section 6321, 6322, and 6323 of the Internal Revenue Code, we are giving a notice that taxes (including interest and penalties) have been assessed against the following -named taxpayer. We have made a demand for payment of this liability, but it remains unpaid. Therefore, there is a lien in favor of the United States on all property and rights to property belonging to this taxpayer for the amount of these taxes, and additional penalties, interest, and costs that may accrue. Name of Taxpayer KENNETH W HEISER Residence i PO BOX 127 MT HOLLY SPGS, PA 17065 -0127 For Optional Use by Recording Office N O -.^ rn ov —o N cJ t., IMPORTANT RELEASE INFORMATION: For each assessment listed below, unless notice of the lien is refiled by the date given in column (e), this notice shall, tgisc 0. C. -r on the day following such date, operate as a certificate of release as defined in IRC 6325(a). Kind of Tax (a) Tax Period Ending (b) Identifying Number (c) Assessment (d) i air ,$ -s9s .7 Last Day for Renting (e) Unpaid Balance of Assessment (f) 6721 941 941 12/31/2009 12/31/2010 12/31/2010 23- 2214167 23- 2214167 23- 2214167 09/24/2012 05/16/2011 08/27/2012 10/24/2022 06/15/2021 09/26/2022 11997.45 10189.99 Place of Filing Prothonotary Cumberland County Carlisle, PA 17013 This notice was prepared and signed at the Total $ 22187.44 DETROIT, MI 23rd day of January 2013 of • , on this, Signature i'" r^ Title for LINDSEY 0 BOWLIN REVENUE OFFICER (717) 777 -9623 (NOTE: Certificate of officer authorized by law to take acknowledgment is not essential to the validity of Notice of Federal () (Rev. lion ) Rev. Rul. 71.466, 1971 - 2 C.B. 409) CAT. NO 60025X 22 -06 -1413 Part f - Kept By Recording Office llifitsflacis bin ^ Risk Management znfir°=in"s~.ers Company 270 N. Sherman Street vwmox'oana.PA1mnc Phone: 800-309-8498 Fax: 877-310-5626 Current Owner Property Report Print Date: 02/21/2014 Pages: 5 Order ID: 875811 Ordered: 02/17/2014 Completed: 02/21/2014 Cover Date: From: 09/29/ 1999 Cover Date: To: 02/11/2014 Subscriber Information Attention: L.Fox Subscriber Number: 2001925 Subscriber Name: Henry and Beaver LLP Address: 937 WiIIow Street Lebanon, PA 17046 Reference Number: Metro/Heiser Subject Owner: Co-Owner: Address: Kenneth W Heiser M Lucinda Heiser 1000 Sandbank Rd Mount Holly Springs PA 170651147 County: Cumberland DEED INFORMATION Grantee: Kenneth W. Heiser and M. Lucinda H&ser, his wife, as tenants by the entireties Record Book 208 Record Page Date of Deed 671 09/28/1999 Grantor: Faye E. McCoy and R. WiHiam McCoy her husband Date Deed Recorde 09/29/1999 Description of property as shown on deed to Grantee: Township of Dickinson Comments: Search conducted on Deed book and page requested Consideration $1.00 " Right of ways and easements are not included irt this report. • Accuracy of acreage / square footage is not guaranteed. MORTGAGE INFORMATION DOCKETED TO GRANTEES NAME Mortgage Holder Commerce Bank/Harrisburg NA Dated 02/17/2006 Iyog Closed End Date Recorded 02/27/2006 Comments: Lender's Address: Commerce Bmk/HorrisburgNA 3801 Paxton Street Harrisburg, PA 17111 Record Book 1941 Record Page 2500 Amount Order ID: 876811 Mortgage Holder Commerce Bank/Harrisburg NA Dated Date Recorded Record Book Record Page Amount 02/17/2006 02/27/2008 1941 2556 $240'000.00 Type Open End Comments: Lender's Address: Commerce Bank/Harrisburg NA 3801 Paxton Street Harrisburg, PA 17111 Subordination Agreement recorded 04/25/2008 as Instrument Number 200813265 which references Mortgage in book 1941 page 2556 and Mortgage Instrument Number 200811441 Mortgage Holder Commerce Bank/Harrisburg NA Dated Date Recorded Record Book Record Page Amount 04802/2008 04/11/2008 ° $90.008.00 Type Closed End Comments: *Instrument Number 2O0811441 Lender's Address: 3801 Paxton Street Harrisburg, PA 17111 Mortgage Holder Commerce Bank/Harrisb »g. NA Dated Date Recorded Record Book Record Page Amount 0508/2009 05/21/2000 $45,000.00 Type Open End Comments: *Instrument Number ks2DDS1G7G4 Lender's Address: 3801 Paxton Street Harrisburg, PA17111 JUDGMENTS AND LIENS Order ID: 875811 Number Plaintiff 2011-06641 Bureau of Compliance Comments: State Tax Lien Address Date Recorded Amount Dept. 280948 08/23/2011 $2.267.88 Harrisburg .PA17128 Vs Kenneth W. Heiser 1000 Sandbank Road WD Holly Springs, PA170G5 Number Plaintiff Address Date Recorded Amount �� 2011-09166 Dono�[�D�h�' 4 Eas High Street 12/12/2011 $6,781.83 SuiteA Carlisle . PA 17013 Comments: Vs Kenneth W. Heiser and M. Lucinda Heiser 1000 Sandbank Road K4t Holly Springs, PA 7065 Number plaintiff ./ Address Date Recorded Amount 2012{05133 Bureau of , Dept. 280948 08/17/2012 $1,243.09 Compliance Harrisburg , PA 17128 Comments: State Tax Lien Vs Kenne W. Heise 1000 Sand Bank Road KN Holly Springs, 9A17OG5 / Number /Plainti# Address Date Recorded Amount 2012-05798 Bureau of Dept. 280948 09/18/2012 $2,05478 Compliance Harrisburg , PA 17128 Comments: State Tax Lien Vs Kenneth W. Heiser 1000 Sand Bank Road yWt Holly Springs, PA17OGG � . Number Plaintiff 2013-00568 U S Treasury Department Comments: Federal Tax Lien Order ID: 875811 Address Date Recorded Amount 1000 Liberty Avenue 02/81/2013 $22.187.44 Pittsburgh Office Room 808 Pittsburgh, PA 15222 Vs Kenneth W. Heiser PO Box 127 Mt HoIIy Springs, A 17065 Number Plaintiff Address Date Recorded 2013-00930 Bureau of Dept. 280948 02/20/2013 Compliance Comments: State Tax Lien Number Harrisburg .PA17128 Vs Kenneth Heiser and CoyJe Lumber & MiIIwork Inc 1000 Sandbank Road Mt HoHy Springs, PA 17JD65 Plaintiff Address AmehoanExpreod+ 4315 S 2700 W Bank FSB Salt Lake City , UT 84184 Comments: Vs Kenneth Heiser 1000 Sand Bank Road Mt Holly Springs, P 17065 Number Plaintiff 2013-06309 Metro Bank Address 3801 Paxton Street Harrisburg , PA 17111 Comments: Vs Kenneth W. Heiser and M. Lucinda Heiser 1000 Sandbank Road Mt Holly Springs, PA17OS5 Complaint in Mortgage Foreclosure Date Recorded 10/21/2013 Amount Amount Date Recorded Amount 10/25/2013 $397,788.07 Judgment filed Number Plaintiff Address Date Recorded Amount 2014'00840 Metro Bank 8801 Paxton Street 02/14/2014 $49.594.52 Harrisburg .PA17111 Comments: Confession of Judgment Vs Kenneth W. Heiser, M. Lucinda Heiser and Yellow Breaches Box Company 1000 Sandbank Road NK Holly Springs, PA17065 � Order ID: 875811 Number Plaintiff Address Date Recorded Amount 2014-00843 Metro Bank 3801 Paxton Street 02/14/2014 $186,961.61 Harrisburg .PA17111 Comments: Confession of Judgment / Vs Kenneth W. Heiser M. Lucinda Heiser and Yellow Breaches Box Company 1000 Sandbank Road Mt Holly Springs, PA 17065 * Unless otherwise noted, child or spousal support arrearages or domestic relation liens are not included in this report. ** Please Note: Any liens listed above may reflect common names which may or may not be applicable to your client / borrower. Pin Number: 08-12-0338-049 Assessment Land Buildings Total $107,900.00 $581,600.00 $689,500.00 TAX INFORMATION Map / Plate Number: Status Taxes reported to the Cumberland County Tax Claim Office are paid through 2012 Comments: Clean and Green recorded 11/17/2000 in book 234 page 153 Clean and G en Amendment recorded 01/23/2003 in book 724 page 1430 Assessed Address is 1000 Sandbank Road Any delinquent tax amount doeonctinu|udeintevostorpnnoNeo.MeaneoontmntthoCounh/TunC/aimO#icefnronup' to-date payoff feature. Tax information only reflects the status of real estate taxes available from the County's Tax Claim Office. Documents to be recorded should be sent to: Real Estate Services - Ex 2735 United One Resources, Inc. 270 North Sherman Street Wilkes-Barre PA 18702-5316 The liability United One Resources, Inc. for each and eve report shall be limited to a sum not exceeding $500.000. For your protection, United One Resources, Inc. insures its products to that limit with no deductible to our customers. United One Resources, Inc. will not be responsible for any incidental or consequential damages. No liability shall exist for any matters of record that are outside the cover date period. 8y accepting this report, the recipient acknowledges that the recipient will not use the information contained herein for any past, present, or prospective foreclosure or execution proceedings, or for determination of or notices to creditors of and/or liens against the party searched herein, and should this report be used for such purposes, United One Resources, Inc. assumes no liability for any inaccurate data reported herein. (1999), THIS DEED, MADE THE.PH, day of September in the year one thousand nine hundred ninety -nine BETWEEN FAY E. McCOY and R. WILLIAM McCOY her husband, of Dickinson Township, Cumberland County, Pennsylvania, hereinafter called Grantors, AND KENNETH W. HEISER and M. LUCINDA HEISER, his wife, of Dickinson Township, Cumberland County, Pennsylvania, hereinafter called Grantees: WITNESSETFI, that in consideration of the sum of One and no/100 ($1.00) Dollar, the receipt whereof is hereby acknowledged, the said Grantors do hereby grant and convey unto the said Grantees, their heirs and assigns, as tenants by the entireties ALL that certain tract of land with improvements thereon erected situate in the Township of Dickinson, County of Cumberland, State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point common to lands of Parker Group, Lloyd Rockey and R. William McCoy, said point is in private road also known as Oak Lane Manor, thence along lands of Lloyd Rockey, South 21 degrees 00 minutes West 2,706.00 feet to a point; thence along lands of Old Folks Hunting Club, South 85 degrees 30 minutes West 525.41 feet, more or less to a point; thence along Lot No. 3 on Plan of R. William McCoy, Plan Book , Page , North 05 degrees 51 minutes 23 seconds West 812.03 feet to a point; thence along southern edge of a 50 foot private right -of -way, South 74 degrees 14 minutes 10 seconds West 847.16 feet to a point; thence by a curve to the right having a radius of 294.40 feet and an arc distance of 233.55 feet to a point; thence by a curve to the left having a radius of 244.40 feet and an arc distance of 93.62 feet to a point; thence along and through dirt mountain mad, North 23 degrees 37 minutes 09 seconds East 113.66 feet, more or less, to a point at lands of John D. Morda; thence along lands of Marda, South 66 degrees 00 minutes East 270.31 feet to an existing iron pin at northern edge of 50 foot right-of-way; thence along northern edge of right -of -way, North 74 degrees 14 minutes 10 seconds East 767.63 feet to a pointxlhence along lands of John D. Morda as set forth in Plan Book 38, Page 81 and lands of Robert L. Belden, North 34 degrees 45 minutes West 349.96 feet to a point; thence continuing along lands of Belden, North 20 degrees 45 minutes West 234 feet ., 208 PACE C7f to a point; thence along same, North 83 degrees West 424.00 feet to a point; thence along lands of Richard P. Valk, North 21 degrees 00 minutes East 1,173.03 fat to a point; thence along other lands of R. William McCoy, North 86 degrees 30 minutes East 1,583.34 feet to a point; thence along lands of Parker E. Group the following three courses and distances; 1) South 00 degrees 56 minutes 32 seconds West 138.30 fat; 2) South 57 degrees 35 minutes East 158.30 feet; 3) North 50 degrees 00 minutes 40 seconds East 357.00 feet to a point, the Place of BEGINNING. CONTAINING approximately 81 acres. BEING the same premises which R. William McCoy and Fay E. McCoy, granted and conveyed to Fay E. McCoy, Grantor herein, by deed dated January 14th, 1994 and recorded in the Office of the Recorder of Deeds for Cumberland County in Deed Book " ", Volume , Page R. William McCoy joins in this conveyance as husband of Fay E. McCoy. AND the said Grantors hereby covenant and agree that they will warrant specially the property hereby conveyed. IN WITNESS WHEREOF, said Grantors have hereunto set their hands and seals the day, month and year first above written. Signed, Sealed and Delivered in the presence of R. WILLIAM McCOY 2 , ..... 708 bees 672 0 CD t= CD m q en o ▪ t'1 0 co -- ▪ sr tr.! CD tLJ :.0 1 CQ 1-1 t7 C) N m Q -C q w t COMMONWEALTH OF PENNSYLVANIA :SS: COUNTY OF CUMBERLAND On this, the.P.06 day of September, 1999, before me the undersigned officer, personally appeared FAY E. McCOY and R. WILLIAM McCOY, her husband, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument, and acknowledged that they executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and s Naransi Sod Manta Lrbs4 Notary Pubta menac Fomuyea i Anodraond Ndraap seal. <,x' r�:ri?�'�''�:"!rtt ;', Y�7! � Notary Public 7. %••"''r'+C"'es ..:11 1 do hereby certify that the precise residence and complete post office address of the within named Grantees is: September .1999 COMMONWEALTH OF PENNSYLVANIA Attorney for Grantees :SS: COUNTY OF CUMBERLAND RECORDED on this 9 day of 5.q A.D. 1994 in the Recorder's office of the said County, in Deed Book aeQ , Page (45-)) . Given under my hand and seal of the said office, the date above written. g i Ug ga & HL Ii 7S«.�__l EYS .`. g 1 M 1A i 'g pT . ' F t0- aVg m N sou 268 FACE 673 io8i9iii3iS e...tm 01.0 to,rtwNWIAttlf CO ►V* flVAtWWA • 0UAMTMDITOP MINIM UNSAY CP O V UAMYAtttl DM. Sam KO 41lIiq VA Intacats Irc000tr$ US! 0747 To. r.m Da REALTY ATEEMENT OF VALUE rillaliP15 See Rovers. for instrud)DOS - 14 • C..Q4 coot*. wadi seal.. cod Rla M duplicate wets Baader of Deeds when I) the hS .odae/canaderadon b eat set forth to the timid, (21 when the deed le without mmidaragoo, bind coos 1111 fanR� a O or III Wblk � .oaear o. I seam comet Y minded. attach addbtotorol sbaeflrtromlr it who6r exempt from toe A CORRESPONDENT • All lnwvfr's may be dineted to the following parsons Ham Sanm %v e j, r. shrvrn Ara l .y lCea.e. . N-ea1? en a Ye -kit) • h7M -, .1 t twit H1 L4 wi( t,,.;,{l a (L )'/T I 2C11 -S T B TRANS R DATA fi son at O ..* G. a <<`•� Q. {j,.1(�.tit; Yllcft, r.1 4 Cvcmda saee .,.m CrAq,Gt R. A Cel' Stet. Lip Led. �t rl:/[ nA I�,tZmi 04600 Fi��41: %�tm. LP Cede iri C PROPERTY LOCATION Soar Addn,a 400 5C.tai4 barn Pc.1 primal Daub C c.mb rlamd 14- W..)/e D VALUATION DATA f7ty, To.mtel., r.rep• Yid:' -7 rat r i c.k .moon 1,41 6s- fa- G33 & -bycy E EXEMPTION DATA Iv. Amore et EaeaPrke Calmed ld laasmge at atoms Cam.y.d S. Check Appropda. Roe Delew to lxeapt on OoImd ❑ WIG or ter.aae wooeedon pave d 0.ms.d Itww /d. ta✓.I ❑ Tromder to Indarr11d Dewslopamt Agency. ❑ Treader to a trust. (Mods Tapia. ropy of trust agn neat Identifying all bensfdatk..) ❑ Trmtdo bnwsen pd.dpat and agent. (Atrada compkte copy of ageecy /.tram parry agree,nent.) ❑ Trandnn to the Cononem wf1,, the United States and tarnxmeetoDPt, by gib. d.dkotl.n, coedemnaaon or. Rev of condemnation. el condeanaaos or In lieu of condemnation, attach copy of ra+dvdon.) ❑ Transfer From mortgagor to holder of a motgag.Ie defovb. Mortgage Book Numb.. Page Number ❑ Comdlw or confirmatory decd. (Attach campkre ropy of the prior dad being carr.ad or confirmed.) k ,, ❑r Stotetory corporate coneobdogao, merger or drWan. (Mach copy of articles..)` ,p /D.1 Other (Name explain etemptton dabnd, U other than Deed oboe..) a C(MC.ri..eaJ1 oat+ CJI. Y' (• Ut) War potables of law, t deckle that flaws exwtrtwed Ode Statement, Including oceompartytng Mformotl.e, and to the bed o1 MY Imowhdge Sari belLf, It to true, watt wed awmplsN. v '` „�1,u`OW BUR 208 nu 674 PAIIURST OMFLflhTNJi FROPERLYORATTACHAPPUCABLFD000MS NTATIONMAYRESULTININSRS CORDER'SR[UUSAT TO RECORD TNT DEED. HENRY & BEAVER LLP By: Marc A. Hess Identification No. 55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042 -1140 (717) 274 -3644 METRO BANK f /k/a COMMERCE : IN THE COURT OF COMMON PLEAS BANK / HARRISBURG, N.A., : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : CIVIL ACTION - LAW vs. : No. 13 -6309 Civil Term KENNETH W. HEISER and M. LUCINDA HEISER, Individually and Jointly, Defendants NOTICE OF SHERIFF'S SALE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.2 TAKE NOTICE that a Sheriff's sale of valuable real estate will be held at the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. Room location will be posted at every entrance. WEDNESDAY JUNE 4, 2014 10:00 A.M. PREVAILING LOCAL TIME of all the estates, rights, titles, properties, claims and demands of the property of Kenneth W. Heiser and M. Lucinda Heiser, individually and jointly, which are more fully described below: OWNER OF PROPERTY: Kenneth W. Heiser M. Lucinda Heiser LOCATION OF PROPERTY TO BE SOLD: 1000 Sandbank Road Mount Holly Springs, Dickinson Township, Cumberland County, Pennsylvania DESCRIPTION OF PROPERTY TO BE SOLD: A legal description is attached hereto, incorporated herein and identified as Exhibit IMPROVEMENTS ON PROPERTY: together with all improvements and appurtenances. This Sheriff's sale takes place pursuant to a Judgment against Kenneth W. Heiser and M. Lucinda Heiser, individually and jointly, in favor of Metro Bank f /k /a Commerce Bank / Harrisburg, N.A. which Judgment was entered at No. 13- 6309 -Civil Term in the amount of: Principal - Interest to 10/4/2013 - Late Fees to 10/4/2013 - Escrow Credit - Unpaid Loan Fees - Attorney's Fees for Foreclosure (estimated herein, actual to be collected) - Total - $ 382,522.63 12,950.88 2,528.14 (2,769.08) 55.50 2,500.00 $ 397,788.07 Plus interest after October 4, 2013, and continuing after entry of judgment at the contract rate ($70.820366 per diem), actual and additional attorney's fees, additional late fees after October 4, 2013, at the contract rate, costs of suit and all other amounts, fees and costs incurred in maintaining and preserving the Plaintiff's collateral and incidental to suit, execution and levy. If you have a question about the full amount due and owing through the date of Sheriff's Sale, you can get that information by contacting the attorney whose name, address and telephone number appears below. TAKE NOTICE that a Schedule of Distribution will be filed by the Sheriff on a date not later than thirty (30) days after the Sheriffs sale and distribution will be made in -2 • accordance with that Schedule of Distribution unless exceptions are filed thereto within ten (10) days after the filing of the Schedule of Distribution. No further notice of the filing of Schedule of Distribution will be given. YOU MAY HAVE A LIEN OR OTHER INTEREST IN THE ABOVE PROPERTY. Any lien or interest you have in the above property may be forever lost or otherwise impaired if you do not properly take action to protect such lien or interest. You may have legal rights to prevent any lien or interest you have in the above property from being lost or otherwise impaired. For example, before the Sheriffs Sale, you may file a petition with the above Court of Common Pleas in order to open or strike the above judgment, or to stay or set aside the Sheriffs Sale, if you feel you have a defense or objection to the judgment or the execution procedures used, or for any other proper causes. After the Sheriffs Sale, but before delivery of the Sheriff's Deed to the real property, a petition to set aside the Sheriff's Sale for a grossly inadequate price or for any other proper causes also may be filed with said Court. You also may have the right to free legal help. A lawyer can advise you more specifically of these and other rights you may have regarding the above matters. If you wish to exercise your rights, however, you must act promptly or you may lose such rights. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or (800) 990-9108 . Hess I.D. #55774 HENRY & BEAVER LLP Attorney for Plaintiff Ronny R. Anderson Sheriff of Cumberland County ALL THAT CERTAIN tract of land with improvements thereon erected situate in the Township of Dickinson, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and descried as follows, to wit: BEGINNING at a point common to lands of Parker Group, Lloyd Rockey and R. William McCoy, said point is a private road also known as Oak Lane Manor; thence along lands of Lloyd Rockey, South 21 degrees 00 minutes West, 2,706.00 feet to a point; thence along lands of Old Folks Hunting Club, South 85 degrees 30 minutes West, 525.41 feet, more or less, to a point; thence along Lot No. 3 on Plan of R. William McCoy, Plan Book Page , North 05 degrees 51 minutes 23 seconds West, 812.03 feet to a point; thence along southern edge of a 50 foot private right-of-way, South 74 degrees 14 minutes 10 seconds West, 847.16 feet to a point; thence by a curve to the right having a radius of 294.40 feet and an arc distance of 233.55 feet to a point; thence by a curve to the left having a radius of 244.40 feet and an arc distance of 93.62 feet to a point; thence along and through Dirt Mountain Road, North 23 degrees 37 minutes 09 seconds East, 113.66 feet, more or less, to a point at lands of John D. Morda; thence along lands of Morda, South 66 degrees 00 minutes East, 270.31 feet to an existing iron pin at northern edge of 50 foot right-of-way; thence along northern edge of right-of-way, North 74 degrees 14 minutes 10 seconds East, 767.63 feet to a point; thence along lands of John D. Morda as set forth in Plan Book 38, Page 81 and lands of Robert L. Belden, North 34 degrees 45 minutes West, 349.96 feet to a point; thence continuing along lands of Belden, North 20 degrees 45 minutes West, 234 feet to a point; thence along same, North 83 degrees West, 424.00 feet to a point; thence along lands of Richard P. Valk, North 21 degrees 00 minutes East, 1,173.03 feet to a point; thence along other lands of R. William McCoy, North 86 degrees 30 minutes East, 1,583.34 feet to a point; thence along lands of Parker E. Group the following three courses and distances: 1) South 00 degrees 56 minutes 32 seconds West, 138.30 feet; 2) South 57 degrees 35 minutes East, 158.30 feet; 3) North 50 degrees 00 minutes 40 seconds East, 357.00 feet to a point, the place of BEGINNING. CONTAINING approximately 81 acres. BEING the same premises which Fay E. McCoy and R. William McCoy, her husband, granted and conveyed to Kenneth W. Heiser and M. Lucinda Heiser, his wife, by Deed dated September 28, 1999, and recorded September 29, 1999 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 208 at Page 671. KNOWN AS 1000 Sandbank Road, Mount Holly Springs, Pennsylvania PARCEL NO. 08-12-0338-049 EXHIBIT A. cola tivfol, co rrl m IrR nJ d n P m to L7 'm im rU P- _ U.S. Postal Service TM CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.come Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage &. Fees Sent To - IRS,\ Advisory Un t Attn;_Collection Advisory - $1.61 • $3.30 $2.70 $0.00 Street, Apt No.;1;Y'ou manor er orPOBoxNo.600 Arch Street, Rm.3259 City, State, ZIP hiladelphia PA 19106 PS Form 3600, August 2006 See Reverse for Instructions SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Internal Revenue Service Attn: Collection Advisory Group Manager Advisory Unit 600 Arch STreet, Rm.3259 Philadelphia PA 19106 A. Signature X ❑ Agent ❑ Addressee B. Received by (Printed Name) D. Is delivery address different from Item 1? 0 Yes If YES, enter delivery address below: ❑ No 3. Service Type X® Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number (Transfer from service label) 7 ®1'R1 305q ;00;82 16361 031`8 j i iPS Form 3811, February 2004 Domestic Return Receipt 102595- 02- M- 1540y`. EXHIBIT rn rn ni IJ Ui rn ru r4 r-4 U.S. Postal Service TM CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery Information visit our website at www.usps.come • : ' kL.47 Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage &Fees IRS, Advisoly "Ktri: Collection Adviso ,e wrw,Awmeroup—MurageT . - or PO Box Alp. 000 Liberty Avenue/ Rm.704 1.61 3.30 2.70 O. $7.61 0042 PA Ro lino do tO J City, State, Ittsburgh PA 15222 PS Form 3800, August 2006 See Reverse for Instructions SENDER: COMPLETE THIS SECTION • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. COMPLETE THIS SECTION ON DELIVERY 'c e Addressed to: Internal Revenu Service Attn: Collectin Advisory Group Manager Advisory Unit 1000 Liberty Avenue,Rm.704 Pittsburg PA 15222 D. Is delivery address different • Yes If YES, enter delivery address below: 0 No 3. Service Type XIcartmedma 0 Registered ID insured Mail 0 Express Mall 0 Return Receipt for MerrhandlSe 0 C.O.D. 4. Restricted Dative 0 Yes 2. Article Number (Transfer from serve Int if IN ij r in-f *0123050 0002 16360301 ' PS Form 3811, February 2004 Domestic Return Receipt 102 95-02-M-1540 THE PiVi Nit! APR 0 9 ''MBERLIVNO COUNTY PENNSYLVANIA HENRY & BEAVER LLP By: Marc A. Hess Identification No. 55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 METRO BANK Vida COMMERCE : IN THE COURT OF COMMON PLEAS BANK / HARRISBURG, N.A., : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : CIVIL ACTION - LAW vs. : No. 13-6309 Civil Term KENNETH W. HEISER and M. LUCINDA HEISER, Individually and Jointly, Defendants AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA : : SS. COUNTY OF LEBANON I, Lisa 1. Fox, of the law firm of Henry & Beaver LLP, depose and state that: 1. I forwarded a certified true and correct copy of the attached Notice of Sheriff's Sale Pursuant to Pennsylvania Rule of Civil Procedure 3129.2, Exhibit "A", by first class United States mail, proper postage prepaid, on March 13, 2014, to: Name Address Kenneth W. Heiser 1000 Sandbank Road Mount Holly Springs, PA 17065 M. Lucinda Heiser Metro Bank f/k/a Commerce Bank / Harrisburg, N.A. Donald Diehl American Express Bank FSB PA Department of Revenue Bureau of Compliance U.S. Treasury Department Carlisle Area School District Dickinson Township Tax Collector, Dickinson Township 1000 Sandbank Road Mount Holly Springs, PA 17065 3801 Paxton Street Harrisburg, PA 17111 4 East High Street, Suite A Carlisle, PA 17013 4315 S 2700 W Salt Lake City, UT 84184 P.O. Box 280948 Harrisburg, PA 17128 1000 Liberty Avenue Pittsburgh Office Room 808 Pittsburgh, PA 15222 623 West Penn Street Carlisle, PA 17013 219 Mountain View Road Mount HoIIy Springs, PA 17065 Carolyn R. McQuillen 219 Mountain View Road Mount HoIIy Springs, PA 17065 Cumberland County Tax Claim Bureau Cumberland County Courthouse One Courthouse Square, Room 106 Carlisle, PA 17013 Cumberland County Treasurer Cumberland Co. Domestic Relations Support Division Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance Cumberland County Courthouse One Courthouse Square, Room 103 Carlisle, PA 17013 13 North Hanover Street P.O. Box 320 Carlisle, PA 17013 Department 280946 Harrisburg, PA 17125-0946 Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Taxes Inheritance Tax Division Attn: John Murphy Department of Public Welfare T.P.L. Casualty Unit Estate Recovery Program Internal Revenue Service Federal Estate Tax Special Procedures Branch Internal Revenue Service Advisory Unit P.O. Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Square Department 280601 Harrisburg, PA 17128 Willow Oak Building P.O. Box 8486 Harrisburg, PA 17105 600 Arch Street P.O. Box 1205 Philadelphia, PA 19105 600 Arch Street, Room 3259 Philadelphia, PA 19106 Attached hereto as Exhibit "B" and made a part hereof are the United States Postal Service Form 3817 Certificates of Mailing. 2. I also forwarded a true and correct copy of the attached Notice of Sheriffs Sale Pursuant to Pennsylvania Rule of Civil Procedure 3129.2, Exhibit "A ", by First Class United States Mail, Certified, Return Receipt Requested, on March 13, 2014 to the Defendants, as follows: Name Address Service Kenneth We Heiser 1000 Sandbank Road Returned 4/2/2014 Mount Holly Springs, PA 17065 Marked "Return to Sender Unclaimed.- Unable to Forward" M. Lucinda Heiser 1000 Sandbank Road Returned 4/2/2014 Mount Holly Springs, PA 17065 Marked "Return to Sender Unclaimed - Unable to Forward" 3 Attached hereto as Exhibit "C" and made a part hereof are the United States Postal Service Domestic Return Receipts and Receipts for Certified Mail. Sworn to and subs • ed to before me this J 4' day of 2014. NOTARIAL SEAL 'PATRICIA LYOUNG, NOTARY PUBLIC CITY OF LEBANON, LEBANON COUNTY MYCOMMISSION EXPIRES DECEMBER 17, 2017 4 HENRY & BEAVER LLP By: Marc A. Hess Identification No. 55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042 -1140 (717) 274 -3644 METRO BANK f /k%a COMMERCE : IN THE COURT OF COMMON PLEAS BANK / HARRISBURG, N.A., : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : CIVIL ACTION - LAW vs. KENNETH W. HEISER and M. LUCINDA HEISER, Individually and Jointly, Defendants : No. 13 -6309 Civil Term NOTICE OF SHERIFF'S SALE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.2 TAKE NOTICE that a Sheriffs sale of valuable real estate will be held at the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. Room location will be posted at every entrance. WEDNESDAY JUNE 4, 2014 10:00 A.M. PREVAILING LOCAL TIME of all the estates, rights, titles, properties, claims and demands of the property of Kenneth W. Heiser' and M. Lucinda Heiser, individually and jointly, which are more fully described below: EXHIBIT OWNER OF PROPERTY: Kenneth W. Heiser M. Lucinda Heiser LOCATION OF PROPERTY TO BE SOLD: 1000 Sandbank Road Mount Holly Springs, Dickinson Township, Cumberland County, Pennsylvania DESCRIPTION OF PROPERTY TO BE SOLD: A legal description is attached hereto, incorporated herein and identified as Exhibit IMPROVEMENTS ON PROPERTY: together with all improvements and appurtenances. This Sheriff's sale takes place pursuant to a Judgment against Kenneth W. Heiser and M. Lucinda Heiser, individually and jointly, in favor of Metro Bank f /k/a Commerce Bank / Harrisburg, N.A. which Judgment was entered at No. 13- 6309 -Civil Term in the amount of: Principal - Interest to 10/4/2013 - Late Fees to 10/4/2013 - Escrow Credit - Unpaid Loan Fees - Attorney's Fees for Foreclosure (estimated herein, actual to be collected) - Total - $ 382,522.63 12,950.88 2,528.14 (2,769.08) 55.50 2,500.00 $ 397,788.07 Plus interest after October 4, 2013, and continuing after entry of judgment at the contract rate ($70.820366 per diem), actual and additional attorney's fees, additional late fees after October 4, 2013, at the contract rate, costs of suit and all other amounts, fees and costs incurred in maintaining and preserving the Plaintiff's collateral and incidental to suit, execution and levy. If you have a question about the full amount due and owing through the date of Sheriff's Sale, you can get that information by contacting the attorney whose name, address and telephone number appears below. TAKE NOTICE that a Schedule of Distribution will be filed by the Sheriff on a date not later than thirty (30) days after the Sheriffs sale and distribution will be made in 2 accordance with that Schedule of Distribution unless exceptions are filed thereto within ten (10) days after the filing of the Schedule of Distribution. No further notice of the filing of Schedule of Distribution will be given. YOU MAY HAVE A LIEN OR OTHER INTEREST IN THE ABOVE PROPERTY. Any lien or interest you have in the above property may be forever lost or otherwise impaired if you do not properly take action to protect such lien or interest. You may have legal rights to prevent any lien or interest you have in the above property from being lost or otherwise impaired. For example, before the Sheriffs Sale, you may file a petition with the above Court of Common Pleas in order to open or strike the above judgment, or to stay or set aside the Sheriffs Sale, if you feel you have a defense or objection to the judgment or the execution procedures used, or for any other proper causes. After the Sheriffs Sale, but before delivery of the Sheriffs Deed to the real property, a petition to set aside the Sheriffs Sale for a grossly inadequate price or for any other proper causes also may be filed with said Court. You also may have the right to free legal help. A lawyer can advise you more specifically of these and other rights you may have regarding the above matters. If you wish to exercise your rights, however, you must act promptly or you may lose such rights. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717) 249 -3166 or (800) 990 -9108 Ma c A . Hess I.D. #55774 HENRY & BEAVER LLP Attorney for Plaintiff Ronny R. Anderson Sheriff of Cumberland County -3 ALL THAT CERTAIN tract of and with improvements thereon erected situate in the Township of Dickinson, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and descried as follows, to wit: BEGINNING at a point common to lands of Parker Group, Lloyd Rockey and R. William McCoy, said point is a private road also known as Oak Lane Manor; thence along lands of Lloyd Rockey, South 21 degrees 00 minutes West, 2,706.00 feet to a point; thence along lands of Old Folks Hunting Club, South 85 degrees 30 minutes West, 525.41 feet, more or Tess, to a point; thence along Lot No. 3 on Plan of R. William McCoy, Plan Book Page , North 05 degrees 51 minutes 23 seconds West, 812.03 feet to a point; thence along southern edge of a 50 foot private right -of -way, South 74 degrees 14 minutes 10 seconds West, 847.16 feet to a point; thence by a curve to the right having a radius of 294.40 feet and an arc distance of 233.55 feet to a point; thence by a curve to the left having a radius of 244.40 feet and an arc distance of 93.62 feet to a point; thence along and through Dirt Mountain Road, North 23 degrees 37 minutes 09 seconds East, 113.66 feet, more or less, to a point at lands of John D. Morda; thence along lands of Morda, South 66 degrees 00 minutes East, 270.31 feet to an existing iron pin at northern edge of 50 foot right -of -way; thence along northern edge of right -of -way, North 74 degrees 14 minutes 10 seconds East, 767.63 feet to a point; thence along lands of John D. Morda as set forth in Plan Book 38, Page 81 and lands of Robert L. Belden, North 34 degrees 45 minutes West, 349.96 feet to a point; thence continuing along lands of Belden, North 20 degrees 45 minutes West, 234 feet to a point; thence along same, North 83 degrees West, 424.00 feet to a point; thence along lands of Richard P. Valk, North 21 degrees 00 minutes East, 1,173.03 feet to a point; thence along other lands of R. William McCoy, North 86 degrees 30 minutes East, 1,583.34 feet to a point; thence along lands of Parker E. Group the following three courses and distances: 1) South 00 degrees 56 minutes 32 seconds West, 138.30 feet; 2) South 57 degrees 35 minutes East, 158.30 feet; 3) North 50 degrees 00 minutes 40 seconds East, 357.00 feet to a point, the place of BEGINNING. CONTAINING approximately 81 acres. BEING the same premises which Fay E. McCoy and R. William McCoy, her husband, granted and conveyed to Kenneth W. Heiser and M. Lucinda Heiser, his wife, by Deed dated September 28, 1999, and recorded September 29, 1999 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 208 at Page 671. KNOWN AS 1000 Sandbank Road, Mount Holly Springs, Pennsylvania PARCEL NO. 08 -12- 0338 -049 Name and Address of Sender Check type of mail or service: Certificates of Mailing ❑ Adult Si n t re Re wired ❑ Adult Si nature Restricted Delive Affix Stamp Here pj sp tviarc H. mess, =squire Henry & Beaver LLP 937 Willow Street P.O. BOX 1 140 Lebanon, PA 17042 1140 g a u q g ry ❑ Certified Mail ❑ Recorded Delivery (International) ❑ COD ❑ Registered ❑ Delivery Confirmation ❑ Return Receipt for Merchandise ❑ Express Mail ❑ Signature Confirmation ❑ Insured (If issued as a certificate of mailing or for additional copies of this bill) Postmark and Date of Receipt r +:• r %411.f. / t ���"�++", ti; k''f 2-- dr.-.241.5 n y+' 'y•••'' r 0 2 1P 'j{��F =• • .JP ' `t° "^►, �- CO Fee Handling Charge Actual Value if Registered Insured Value D �`l ;•' t 1 r -LE Fee F ee ee I X (1) Article Number Addressee (Name, Street, City, State, & ZIPCodeTM) Postage • • Fee 1 • Kenneth W. Heiser 1000 Sandbank Road Mount Holly Springs, PA 17065 ILI aspgq 2 M. Lucinda Heiser 1000 Sandbank Road Mount Holly Springs, PA 1706• Metro Bank f /k/a 3. Commerce Bank. / Harrisburg, N.A. 3801 Paxton Street Harrisburg, PA 17111 4 • Donald Diehl 4 East High - Streets .Suite ,A Carlisle, PA. 17013 American Express Bank FSB 5. 4315S2700W Salt Lake City, UT 84184 PA- Department of Revenue Bureau of Compliance 6. P.O. Box280948 Harrisburg, PA 17128 U.S. Treasury Department ..r_ SdSf` • 7 • 1000 Liberty Avenue Pittsburgh Office Room 808 Pittsburgh; PA.15222 Carlisle Area School District \ PI 7 L ii ;'i'r t� ��. __ ' yd N t� ,,e 8. 623 West Penn Street Carlisle, PA 17013 Total Number of Pieces Listed by Sender 8 Total Number of Pieces Received 4t Post Office 4 Postmaster, Per (Name of receiving employee) A .. �,/ . l.eeivv'" -' -^' , V �,y"" PS Form 3877, June 2011 (Page 1 of 2) Complete by Typewriter, Ink, or Ball Point Pen See Privacy Act Statement on Reverse Name and Address of Sender Marc A. Hess, Esquire 9 Henry & Beaver LLP 937 Willow Street P.O. Box 1 140 Lebanon, PA 17042 -1140 Check type of mail or service: Certificates of Mailing ❑ Adult Signature Required ❑ Adult Signature Restricted Delivery ❑ Certified Mail ❑ Recorded Delivery (International) ❑ COD ❑ Registered ❑ Delivery Confirmation ❑ Return Receipt for Merchandise ry p CI Express Mail 0 Signature Confirmation ❑ Insured Affix Stamp Here (If issued as a �-i�# certificate of mailing t' Irf-__i °� • or for additional ti '- �• _+: Z 4 ,+ 4ti'+�' - n PITNEY copies of this bill).•�-` �` Postmark and ?•,t W'`1 •. 02 1P $ t Date of Receipt ft +• ! "�'°� BOWI t • 2 Article Number Addressee (Name, Street, City State, & ZIP Code ) Postage Fee Handling Charge Actual Value if Registered Insured Value D ,. -je�'`ryi i • • IA R_EVFRef ee ee ee l ee zpi• ee t{t ee ' o ee 1 . Dickinson Township..._.. ._.__ ..... ............... 219 Mountain View Road Mount Holly Springs, PA 17065 ..__,... 2. Tax Collector, Dickinson Township Carolyn R. McQuillen 219 Mountain View Road Mount Holly Springs, 'PA 17065 • Cumberland County•T-ax•Claim Bureau Cumberland County _Courthouse One Courthouse Square, Room 106 • Carlisle, PA 17013 Cumberland County Treasurer Cumberland County Courthouse 5. One Courthouse Square, Room 103 Carlisle, PA 17013 Cumberland Co. Domestic Relations 6. Support Division 13 North Hanover Street - P.O. Box 320 Carlisle, PA 1701 -3 saqii —� ..` 7• Commonwealth of Pennsylvania- _ . ............. Department of Revenue ......... Bureau of Compliance Department 280946 ,`' `\ :' Q„ 8. Harrisburg, PA 17125 -0946 \ �� �% ,oltv4: , Total Number of Pieces Listed by Sender 6 Total Number of Pieces Received at Post Office CO Postmaster, Per (Name of receiving employee) j / 5:i rZl-I1 -' f ,emu^1_ ' '..- PS Form 3877, June 2011 (Page 1 of 2) Complete by Typewriter, Ink, or Ball Point Pen See Privacy Act Statement on Reverse Name and Address of Sender Marc A. Hess, Esquire Q Henry & Beaver LLP 937 Willow Street P.O. Box 1140 Lebanon, PA 17042 1140 Check type of mail or service: Certificates of Mailing ❑ Adult Signature Required ❑ Adult Signature Restricted Delivery ❑ Certified Mail ❑ Recorded Delivery (International) ❑ COD ❑ Registered ❑ Delivery Confirmation 0 Receipt for Merchandise ry p ❑ Express Mail ❑ Signature Confirmation Affix Stamp Here (If issued as a certificate of mailing or for additional copiesofthisbill) Postmark andt.� Postmark Date of Receipt Insured Value ♦ *-� Z6rz 441��}...���I �'i�f -{ rra1';,y D ` I. ".f u'Qt.' i • I • . h 411.1. le 1 04 '" ee �� if, y{�y 02 • .. A r ee� 1,10T >��'�. 1 P .. G6� `P eeF '''Pit` �NiV� r�i 4 `�'� ee BOWS • 1 btn ee 4 ee PITNEY $ 0 . . Zee Article Number Addressee (Name, Street, City, State, & ZIP CodeT"") Postage Fee Handling g Charge Actual Value if Registered 1. C. o.mmonwealth_of..P.e.nnsylvania ......... Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 2. Commonwealth OtPennsylvama Bureau'ofiindividuai Taxes Inheritance- Tax- Division .___.... Attn: John Murphy 3 6th .Floor,. - Strawberry.. Square ._.......__ _.._ ._....__..___._ .. .. ................... Department 280601 Harrisburg., PA 17128 4. Department T.P.L. Casualty Unit 1 r Denver Reciip Estate-FlecoveryProgram Willow Oak-Building 5. Harrisburg,..PA_171.05 - ritrictet Return Internal Revenue .Service __ Federal Estate Tax 6. Special Procedures Branch re Reg; ture. Re , �rt 600 Arch Street P-0..Box 1205 .._._ . asn \ / Phiitadetphia-PA 19105 7. Internal-Revenue- Service Advisory-Unit. 600Arch_Street Room 3259 vW, , ��Yi v ��._ 7 I /�� Signatu It Signa Philadelphia, PA 19106 8. - %i Vd 1 "' 4 Total Number of Pieces Listed by Sender 5 Total Number of Pieces Received at Post Office C Postmaster, Per (Name of receiving employee) - -A1k'A `rU"{/2N-/` PS Form 3877, June 2011 (Page 1 of 2) Complete by Typewriter, Ink, or Ball Point Pen See Privacy Act Statement on Reverse • Henry &Beaver,„ ATTORNEYS AT LAW 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 CERTIFIED MAIL,. 1 1 1 1 11 7012 3050 0002 1636 0240 RETURN RECEIPT REQUESTED Kenneth W 1000 Sandtr NI XlE Mount Holly 17042@114e ■Now•www PITNEY BOWES $ 006,480 0001776012 MAR 12 2014 MAILED FROM ZIP CODE 17046 176 en:764102 /14 RE TURN TO SENDER UNCLAIMED UNABLE TO FORWARD BC: 17042114840 *2419- 04668- 02-2S 7012 3050 0002 1636 0240 Henry&Beaven, ATTORNEYS AT LAW 937 Willow Street P.O. Box 1140 Lebanon, PA 170421140 CERTIFIED MAIL. 111 11111 7012 3050 li 1 0002 1636 0257 1ESPOSp Or7=°U.Iftiridit 41 ".mmmmwINTNEYBOWES RETURN RECEIPT REQUESTED M. Lucinda 1000 Sand Mount Holl 30r4--t P1 02 1P $ 006.48° 0001776012 MAR 12 2014 MAILED FROM ZIP CODE 17046 176 DE RETURN TO SENDER UNCLAIMED UNABLE TO FORWARD BC: 17047.114640 1! 11111011(11111111414111, udidilliiimitilli411111t11 *0419-07972-13- 42 ■ CUMBERLAND CO(JP� j HENRY & BEAVER LLP By: Marc A. Hess Identification No. 55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 METRO BANK f/k/a COMMERCE : IN THE COURT OF COMMON PLEAS BANK / HARRISBURG, N.A., : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : CIVIL ACTION - LAW vs. KENNETH W. HEISER and M. LUCINDA HEISER, Individually and Jointly, : No. 13-6309 Civil Term Defendants NOTICE OF THE DATE OF CONTINUED SHERIFF'S SALE The Sheriff Sale scheduled for Wednesday, June 4, 2014 at 10:00 a.m. in the above -captioned matter has been continued until Wednesday, July 2, 2014 at 10:00 a.m. Date: June , 2014 •Y BE, By: $F ARC A. H SS I.D. #55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 Attorney for Plaintiff E' LLP HENRY & BEAVER LLP By: Marc A. Hess Identification No. 55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 METRO BANK f/k/a COMMERCE BANK / HARRISBURG, N.A., Plaintiff vs. KENNETH W. HEISER and M. LUCINDA HEISER, Individually and Jointly, I Or THE 7'Q 2014,1111.4r0rArs+f. i'VN8r FEf,�p�s yAl � D c�U/,a� Ate/A Y : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : No. 13-6309 Civil Term Defendants NOTICE OF THE DATE OF CONTINUED SHERIFF'S SALE The Sheriff Sale scheduled for Wednesday, July 2, 2014 at 10:00 a.m. in the above -captioned matter has been continued until Wednesday, September 3, 2014 at 10:00 a.m. Date: June 30, 2014 HENRY `BE VER LLP Me:4 By: �•�j►y��' ARC A. HSS I . D. #55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 Attorney for Plaintiff ^ SHER.UFFvS OFFICE OF CUMBERLAND COUNTY Ronny RAnderson Sheriff ot CluritT0U / /iR jodyS SmithChief Deputy • ~" 2C111 SEP I 1 MI II 3 3 Richard W Stewart CUMBERLAND COUNTY Solicitor PENNSYLVANIA Metro Bank vs. Kenneth Heiser (et al.) Case Number 2013-6309 SHERIFF'S RETURN OF SERVICE 03/25/2014 06:47 PM - Deputy Dawn Kell, 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 oct|on, upon the property located at 1000 Sandbank Road, Dickinson - Township, Mount Holly Springs, PA 17065, Cumberland County. 03/26/2014 06:47 PM - Deputy Dawn Kell, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be Lucinda Heiser, Wife, who accepted as "Adult Person in Charge" for Kenneth Heiser at 1000 Sandbank Rd., Dickinson Twp., Mt. Holly Springs, PA 17065, Cumberland County. 83/25/2014 06:47 PM - Deputy Dawn Kell, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: M. Lucinda Heiser at 1000 Sandbank Road, Dickinson Township, Mt. Holly Springs, PA 17065, Cumberland County. 06/83/2014 As directed by Marc A. Hess, Attorney for the P|nintiff, Sheriffs Sale Continued to 7/2/2014 06/30/2814 As directed by Marc A. Hess, Attorney for the Plaintiff, Sheriffs Sale Continued to 0/3/2014 09/08/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned ^oteyed^. Court Order not filed for continuance. SHERIFF COST: $1,287.04 SO ANSWERS, September 10, 2014 RONR ANDERSON, SHERIFF �J. _J*—� Li-- ��^����� �e�° �r ��� '�/O wcouritySuite Sheriff, Teleosm/� CD re -1 On March 3, 2014 the Sheriff levied upon the defendant's interest in the real property situated in Dickinson Township, Cumberland County, PA, Known and numbered as 1000 Sandbank Road, Mount Holly Springs, as Exhibit "A" filed with this Writ and by this Reference incorporated herein. Date: March 3, 2014 By: Real Estate Coor or LXIII 16 CUMBERLAND LAW JOURNAL 04/18/14 Writ No. 2013-6309 Civil Term Metro Bank vs. Kenneth Heiser M. Lucinda Heiser Atty.: Marc A. Hess ALL THAT CERTAIN tract of land with improvements thereon erected situate in the Township of Dickinson, County of Cumberland and Com- monwealth of Pennsylvania, more particularly bounded and descried as follows, to wit: BEGINNING at a point common to lands of Parker Group, Lloyd Rockey and R. William McCoy, said point is a private road also known as Oak Lane Manor; thence along lands of Lloyd Rockey, South 21 degrees 00 minutes West, 2,706,00 feet to a point; thence along lands of Old Folks Hunting Club, South 85 degrees 30 minutes West, 525.41 feet, more or less, to a point; thence along Lot NO.3 on Plan of R. William McCoy, Plan Book Page , North 05 degrees 51 minutes 23 seconds West, 812.03 feet to a point; thence along southern edge of a 50 foot private right-of-way, South 74 degrees 14 minutes 10 seconds West, 847.16 feet to a point; thence by a curve to the right having a radius of 294.40 feet and an arc distance of 233.55 feet to a point; thence by a curve to the left having a radius of 244.40 feet and an arc distance of 93.62 feet to a point; thence along and through Dirt Mountain Road, North 23 degrees 37 minutes 09 seconds East, 113.66 feet, more or less, to a point at lands of John D. Morda; thence along lands of Morda, South 66 degrees 00 minutes East, 270.31 feet to an existing iron pin at northern edge of 50 foot right-of- way; thence along northern edge of right-of-way, North 74 degrees 14 minutes 10 seconds East, 767.63 feet to a point; thence along lands of John D. Morda as set forth in Plan Book 38, Page 81 and lands of Robert L. Belden, North 34 degrees 62 45 minutes West, 349.96 feet to a point; thence continuing along lands of Belden, North 20 degrees 45 min- utes West, 234 feet to a point; thence along same, North 83 degrees West, 424.00 feet to a point; thence along lands of Richard P. Valk, North 21 degrees 00 minutes East, 1,173.03 feet to a point; thence along other lands of R. William McCoy, North 86 degrees 30 minutes East, 1,583.34 feet to a point; thence along lands of Parker E. Group the following three courses and distances: 1) South 00 degrees 56 minutes 32 seconds West, 138.30 feet; 2) South 57 degrees 35 minutes East, 158.30 feet; 3) North 50 degrees 00 minutes 40 seconds East, 357.00 feet to a point, the place of BEGINNING. CONTAINING approximately 81 acres. BEING the same premises which Fay E. McCoy and R William McCoy, her husband, granted and conveyed to Kenneth W. Heiser and M. Lu- cinda Heiser, his wife, by Deed dated September 28, 1999, and recorded September 29, 1999 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 208 at Page 671. KNOWN AS 1000 Sandbank Road, Mount Holly Springs, Pennsylvania. PARCEL NO. 08-12-0338-049. 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 Coyne, Ed tor SWORN TO AND SUBSCRIBED before me this 2 day of May, 2014 COMMON F 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 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 he atriot Jews 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 =cciv _ __ _- 2013-6309 CMI fierm Metro Bank Vs Kenneth Heiser M. Lucinda Heiser tty: Marc A. Hess ALL T CERTAIN tract of land ,rith improvements thereon erecteds situate in the Township of Dickinson, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and descried as follows, to wit: BEGINNING at a point common to S This ad ran on the date(s) shown below: 04/13/14 04/20/14 04/27/14 subscribed before me 0 a of May, 2014 A.D. ublic COMMONWEALTH OF Notarial seal Holy Lynn Warfel, Notary Public Washington ;1�vp•, Dauphin County Ccmmi sston +irrs Dec. 12 20m Pa4NMINANIA AS,rirtA SY MITA OF A 5