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HomeMy WebLinkAbout14-0623 Supreme Cou>Ft,of Pennsylvania Collrt;` � Pleas For Prothonotary Use Only: Civil Coyer_ 010et Docket No: ` 1 v G CUMBERLAND " , ; County 1 The information collected on this form is used solely for court administration purposes. This form does not su lement or replace the filing and service of pleadings or other p9pers as required by law or rules of court. Commencement of Action: S J@ Complaint Writ of Summons El Petition Q Transfer from Another Jurisdiction El Declaration of Taking E C Lead Plaintiffs Name: Lead Defendant's Name: TRUSTED PROPERTY GROUP, LLC MATTHEW R. HOCKLEY T Dollar Amount Requested: lwithin arbitration limits I Are money damages requested? ER Yes No (check one) Doutside arbitration limits O N Is this a Class Action Suit? El Yes No Is this an MDJAppeal? Q Yes X No A Name of Plaintiff/Appellant's Attorney: JOHN J. BARANSKI, JR., ESQUIRE Check here if you have no attorney (are a Self- Represented [Pro Sel Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS El Intentional Buyer Plaintiff Administrative Agencies Q Malicious Prosecution Debt Collection: Credit Card © Board of Assessment Motor Vehicle - Debt Collection: Other M Board of Elections �I Nuisance J Dept. of Transportation Premises Liability Statutory Appeal: Other S 0 Product Liability (does not include mass tort) I= i Employment Dispute: E Q Slander/Libel /Defamation Discrimination C Q Other: Employment Dispute: Other J Zoning Board � Other: , I Q Other: O MASS TORT Asbestos N Tobacco Toxic Tort - DES Q Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS Toxic Waste 13 Ejectment 0 Common Law /Statutory Arbitration B Other: El Eminent Domain/Condemnation Ej Declaratory Judgment El Ground Rent M Mandamus El Landlord/Tenant Dispute C Non - Domestic Relations El Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY © Mortgage Foreclosure: Commercial Quo Warranto 0 Dental 13 Partition © Replevin © Legal © Quiet Title Other: Medical -i Other: Other Professional: Updated 1/1/2011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV IA CIVIL ACTION — LAW 6� - TRUSTED PROPERTY GROUP, LLC, NO. Plaintiff vs. r _� MATTHEW R. HOCKLEY, Defendant NOTICE TO DEFEND Pursuant to PA RCP No. 1018.1 YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATIONABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSON AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1- 800 - 990 -9108 717 - 249 -3166 � kJf D -D IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION — LAW TRUSTED PROPERTY GROUP, LLC, NO. Plaintiff VS. MATTHEW R. HOCKLEY, Defendant COMPLAINT IN MORTGAGE FORECLOSURE AND NOW TO WIT, this 28TH day of JANUARY , 2014, comes the Plaintiff, Trusted Property Group, LLC, by its attorneys, Blakey, Yost, Bupp & Rausch, LLP, and files the within Complaint in Mortgage Foreclosure wherein the following is averred: 1. The Plaintiff, Trusted Property Group, LLC, is a Pennsylvania limited liability company, with its principal offices located at 204 St. Charles Way, Unit 191 -E, York, Pennsylvania 17402. 2. The Defendant, Matthew R. Hockley, is an adult individual residing at 32 Oak Avenue, Camp Hill, Pennsylvania 17011. 3. The Defendant is the current legal owner of the real property with building thereon located at 155 Vine Street, Shiremanstown, Pennsylvania ( "the Premises ") described as follows: ALL THAT CERTAIN piece or parcel of land situate in the Borough of Shiremanstown Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point which is the southeast corner of Lot No. 3A on the hereinafter mentioned Plan of Lots, said point also being on the dividing line between the said Lot No. 3A and certain common area appearing on said Plan; thence along said dividing line South seventy -eight (78) degrees thirty -four (34) minutes West twenty -three and seventy hundredths (23.70) feet to a point at other common area as shown on said Plan; thence continuing along the dividing line between Lot 3A and said common area, North eleven (11) degrees twenty -six (26) minutes West sixty -two and sixty -seven hundredths (62.67) feet to a point; thence along the same North seventy - eight (78) degrees thirty-four (34) minutes East twenty -three and seventy hundredths (23.70) feet to a point at the dividing line between Lot Nos. 3A and 3B on said Plan; thence along said dividing line South eleven (11) degrees twenty -six (26) minutes East sixty -two and sixty -seven hundredths (62.67) feet to a point, the place of BEGINING. BEING Lot No. 3A on the Plan of Section 1 of Shireman Gardens, which plan is recorded in Cumberland County in Plan Book 26, page 141. HAVING thereon erected a townhouse known and numbered as 155 West Vine Street. UNDER AND SUBJECT TO a Declaration of Covenants and Easements dated November 1, 1974 and recorded in Cumberland County in Misc. Book 211, page 878. IT BEING the same premises which Jeffery L. Zamberlan, Executor of the Estate of George B. Zamberlan, deceased, by deed dated July 27, 2001, and recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania at Book 247, Page 3520, granted and conveyed unto Matthew R. Hockley, single man, Robert W. Hockley and Sandra K. Hockley, husband and wife. 4. On or about January 12, 2012, Plaintiff granted unto Defendant an Open -End Collateral Mortgage in the amount of $12,800.00 encumbering the Premises. A true and correct copy of said Mortgage is attached hereto, marked herein as Exhibit "A" and incorporated by reference (hereinafter "the Mortgage "). The Mortgage, which incorporates the terms of a Note of even date herewith, requires the Defendants, among other things, to pay principal and interest payments totaling $400.00 per month. 5. The Mortgage also requires the Defendant to pay real estate taxes, sewer and refuse fees imposed against the premises. 6. The Mortgage provides that in the event an attorney must be retained to enforce or collect any of the provisions of the Mortgage, Defendant shall pay, in addition to the balance due under this Mortgage, including all interest, late charges, etc., any and all reasonable attorney's fees and legal expenses incurred by Mortgagee, costs of suit, and all other sums provided by law. 7. The Defendant has defaulted on the Mortgage by failing to make monthly payments of principal and interest for the months of July through December 2013. . 8. Demand for payment has been made upon the Defendant by Plaintiff and/or its counsel, but Defendant has refused and continues to refuse to pay the amounts due and owing under the Mortgage. COUNTI FORECLOSURE 9. Plaintiff incorporates paragraphs 1 through 8 herein. 10. On July 3, 2013, a Notice of Intention to Foreclose in compliance with Act 6 of 1974, 41 P.S. §101, et seq. and a Debt Collection Notice were mailed Defendant via certified mail, return receipt requested. True and correct copies of said notices are marked as Exhibit "B" attached hereto and incorporated herein. 11. The amounts due and owing by the Defendant to the Plaintiff are as follows: a. Unpaid principal and accumulated interest of $8,200.00 b. Attorney Fees - $750.00 12. Defendant did not apply for assistance from the Pennsylvania Housing and Finance Agency (PHFA). WHEREFORE, Plaintiff demands judgment against the Defendant, Matthew R. Hockley, for outstanding principal and accumulated interest in the amount of $8,200.00 and reasonable attorney's fees in the amount of $750.00, together with interest and late charges from the day of filing through the date of sale, cost of suit and foreclosure and sale cost with the Sheriff in addition to any other relief this court deems just and proper. Respectfully submitted: BLA;7'East YO , B RAUSCH, LLP Dated: � B aranski, Esquire t. I.D. #82585 Market Street York, PA 17401 Telephone (717) 845 -3674 Fax No. (717) 854 -7839 jbaranski@blakeyyost.com Attorney for Plaintiff VERIFICATION I, John J. Baranski, Jr., Esquire, the undersigned, hereby verify and state that: 1. I am the attorney for Trusted Property Group, LLC, the Plaintiff herein; 2. I am authorized to make this verification on its behalf; 3. The facts set forth in the foregoing Complaint in Mortgage Foreclosure are known to me and not exclusively to my client; 4. The facts set forth in the foregoing Complaint in Mortgage Foreclosure are true and correct to the best of my knowledge, information, and belief. 5. I understand that any false statements contained herein are subject to the penalties of 18 Pa. C.S. 4904 relating to unworn falsification to authorities. Date: 1 By: aryadi, Jr., Esquire Parcel ID #: 37 -23- 0557 -168I j 003807 OPEN -END COLLATERAL MORTGAGE (Business Purpose Loan) This Mortgage Secures Future Advances pursuant to 42 P.A. CSA §8143 et. seq. Parties THIS INDENTURE is made this 12. day of January, 2012, by and between: MATTHEW R. HOCKLEY, an adult individual (hereinafter referred to as "Borrower" or "Mortgagor ") Mortgagor for the benefit of TRUSTED PROPERTY GROUP, LLC, a Pennsylvania limited liability company (hereinafter referred to as "Lender" or "Mortgagee "). Mortgagee Background Mortgagor has entered into a business purpose loan (the "Loan ") with Lender according to the terms of an agreement, dated December 15, 2011 (the "Loan Agreement "). In order to induce Mortgagee to approve the Loan, Mortgagor has agreed to sign and deliver to Mortgagee a collateral mortgage instrument granting to Mortgagee a mortgage interest in certain real property owned by Mortgagor as collateral security for the faithful payment of all sums due to Lender by Mortgagor of all obligations and other duties to be performed under this Mortgage. Grant of Mortgage As an inducement for Mortgagee's extension of the Loan to Borrower and to secure the payment of all sums due to Lender under the Loan Agreement and the performance of all of the other provisions hereof to be performed (such payments, duties and responsibilities hereinafter collectively referred to as the "Indebtedness "), Mortgagor has granted, bargained, sold, aliened, released, conveyed and confirmed unto Mortgagee and does hereby grant, bargain, sell, alien, release, convey and confirm unto Mortgagee, such ownership interest as Mortgagor may have in that certain real estate situate in the Borough of Shiremanstown, Cumberland County Pennsylvania, known and numbered as 155 West Vine Street (the "Real Property "), as more particularly described on EXHIBIT "A" attached hereto and made a part hereof (said real estate, together with all of the items described in the immediately following paragraph, being referred to herein collectively as the "Mortgaged Premises "). 1 EXHIIBIT A TOGETHER with all right, title and interest of the Mortgagor in and to the following property rights and interests, which Mortgagor hereby assigns to Mortgagee until all of the Indebtedness has been satisfied in full: a. all buildings and other improvements now or hereafter located on the Real Property ( "Improvements "); b. all streets, lanes, alleys, passages, ways, water, courses, easements, rights, liberties, privileges, tenements, hereditaments and appurtenances whatsoever thereunto belonging to or in any way made appurtenant hereafter, and the reversions and remainder, with respect thereto ( "Appurtenances "); C. all awards or payments, including interest thereon, which may be made with respect to the Real Property and Improvements, whether from the exercise of the right of eminent domain (including any transfer made in lieu of the exercise of said right), or for any other injury to or decrease in the value of the Real Property or Improvements including, without limitation, all awards or payments of estimated compensation, all damages to the Real Property or Improvements resulting from any taking, all machinery and equipment dislocation expenses, all settlement amounts, all apportionments of taxes, reimbursement of attorneys and engineers fees, all moving expenses and all business dislocation expenses ( "Awards "); d. all insurance policies covering the Real Property or Improvements and all proceeds of any unearned premiums on 'any such insurance policies including, without limitation, the right to receive and apply the proceeds of any insurance, judgments, or settlements made in lieu thereof, for damage to the Real Property or Improvements ( "Insurance Policies "); e. all leases and -other agreements affecting the use or occupancy of any portion or all of the Real Property or Improvements, whether heretofore or hereafter executed and all rights of Mortgagor to payment under any such lease or agreement ( "Leases "); f. all rents, receipts, issues, profits and other income of any and all kinds (including deposits) received or receivable and due or to become due from the sale or lease of any property, goods or materials or from the rendering of services including, but not limited to (i) the lease of all or a portion of the Real Property or Improvements, or (ii) the operation of any income- producing facility on the Real Property or Improvements (all of such proceeds, receipts and income are hereinafter referred to as the "Income and Rents" and all such rights are hereinafter referred to as the "Accounts Receivable "); g. all machinery, apparatus, equipment, furniture, furnishings, fixtures, inventory, goods, appliances, heating ventilation and air conditioning units, and all other property of every kind and nature owned by Mortgagor or in which Mortgagor has 2 an interest and attached to, contained in, or used in connection with, the Real Property, whether now owned or hereafter acquired, together with all replacements thereof and accessories, parts and accessions thereto, and any and all proceeds therefrom ( "Furniture, Equipment and Apparatus "); h. the right in the name and on behalf of themselves or Mortgagor, to appear in or defend any action or proceeding brought with respect to the Real Property or Improvements (including without limitation, any condemnation or arbitration proceedings) and to commence any action or proceedings to protect the interest of Mortgagee in the Real Property and Improvements. TO HAVE AND TO HOLD the Mortgaged Premises hereby granted, unto Mortgagee, its successors and assigns, forever. All right, title and interest of Mortgagor in and to all extensions, improvements, betterments, renewals, substitutes and replacements of, and all additions and appurtenances to the Mortgaged Premises hereafter acquired by, or released to, Mortgagor or constructed, assembled or placed by Mortgagor on the Real Property, and all conversions of the security constituted thereby, immediately upon such acquisition, release, construction, assembling, placement or conversion, as the case may be, and in each such case, without any further mortgage, pledge, conveyance, assignment or other act by Mortgagor, shall become subject to the lien of this Mortgage as fully and completely, and with the same effect as though now owned by Mortgagor and specifically described herein. Notwithstanding the foregoing, Mortgagor shall, at Mortgagor's own cost, make, execute, acknowledge, deliver and record any and all such further acts, deeds, conveyances, mortgages, notices of assignment, transfers, assurances and other documents as Mortgagee shall from time to time require for better assuring, conveying, assigning, transferring and confirming unto Mortgagee of the Mortgaged Premises and the other rights hereby conveyed or assigned or intended now or hereafter so to be, or which Mortgagor may be or may hereafter become bound to convey or assign for carrying out the intention of facilitating the performance of the terms of this Mortgage. . PROVIDED ALWAYS, and these presents are upon this express condition, that if Borrower or Mortgagor or their respective successors or assigns shall well and truly pay or cause to be paid unto Mortgagee, Mortgagee's successors or assigns, the Indebtedness secured by this Mortgage, and otherwise perform Borrower' obligations to repay the Loan, then this Mortgage, and the estate hereby granted, shall cease, determine and be void, and Mortgagee shall furnish to Mortgagor a satisfaction of this Mortgage in proper form for recording, but Mortgagee shall not be required to bear any expense or cost in connection with such satisfaction or the recording thereof. THIS MORTGAGE shall be governed by the provisions of the Pennsylvania Open -End Mortgage Statute (known as Act No. 126) and all advances and re- advances hereunder shall have the full priority of lien as provided thereunder. Mortgagor specifically acknowledges that Mortgagee shall have no liability for any failure to make an advance pursuant to the Loan Agreement upon receipt of any third party's notice of lien pursuant to 42 Pa.C.S.A. Section 8143(c). All notices provided pursuant to 42 Pa.C.S.A. Section 8143(c) and (d) must be provided in accordance with the notice provisions contained herein. THE MAXIMUM AMOUNT OF INDEBTEDNESS SECURED BY THIS MORTGAGE SHALL NOT EXCEED. $12,800.00, PLUS ALL ACCRUED AND UNPAID INTEREST, PLUS ALL COSTS AND EXPENSES INCURRED. OR ASSUMED BY 3 MORTGAGEE, INCLUDING ADVANCES MADE WITH RESPECT TO THE MORTGAGED PROPERTY, FOR THE PAYMENT OF TAXES, ASSESSMENTS, MAINTENANCE CHARGES, INSURANCE PREMIUMS, OR COSTS INCURRED FOR THE PROTECTION OF THE MORTGAGED PROPERTY OR THE LIEN OF THIS MORTGAGE, OR EXPENSES INCURRED BY MORTGAGEE BY REASON OF DEFAULT BY MORTGAGOR UNDER THIS MORTGAGE. Terms of the Mortgaae THIS MORTGAGE, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST CONTAINED HEREIN, IS GIVEN TO SECURE (1) PAYMENT OF THE INDEBTED- NESS AND (2) PERFORMANCE OF ALL OBLIGATIONS OF MORTGAGOR UNDER THIS MORTGAGE. THIS MORTGAGE IS GIVEN AND ACCEPTED UPON THE FOLLOWING TERMS: 1. DEFINITIONS The following words, terms and phrases shall have the following meanings when used in this Mortgage: 1.1 Borrower The word "Borrower" shall mean MATTHEW R. HOCKLEY, and shall include his heirs, successors, and assigns. 1.2 Improvements The word "Improvements" shall mean all existing and future improvements, buildings, dwellings, and structures erected, constructed, existing or affixed on the Real Property. 1.3 Indebtedness The word "Indebtedness" shall mean all principal outstanding under the Loan Agreement at any time and from time to time, accrued interest, fees, and penalties payable under the Loan Agreement, and any amounts expended or advanced by Mortgagee to discharge obligations of Mortgagor or expenses incurred by Mortgagee to enforce obligations of Mortgagor under this Mortgage, together with interest on such amounts as provided in this Mortgage. In addition to the debt obligation under the Loan Agreement, the word "Indebtedness" includes all obligations, debts and liabilities, plus interest thereon, of Borrower to Mortgagee arising under the Loan Agreement, whether recovery upon such Indebtedness may be or hereafter may become barred by the statute of limitations. This Mortgage secures, in addition to the amounts specified in the Loan Agreement, future advances made by Lender to protect its interests under this Mortgage in an unlimited amount, together with all interest thereon. The liens and security interests created pursuant to this Mortgage covering any Indebtedness which may be created In the future shall relate back to the date of this Mortgage. 1.4 Loan The term "Loan" shall mean the business purpose, term loan financing extended to Borrower by Mortgagee as described in the Loan Agreement. 1.5 Mortgage The word "Mortgage" shall mean this mortgage instrument given by Mortgagor to Mortgagee, and includes without limitation all assignments and security interest provisions relating to the Mortgaged Premises. 1.6 Mortgaged Premises The term "Mortgaged Premises" shall mean the Real Property, together with all Improvements; Appurtenances; Awards; Insurance Policies; Leases; 4 Accounts Receivable; and Furniture,, Equipment and Apparatus, as those terms are defined in paragraphs a through h above. 1.7 Mortgagee The word "Mortgagee" shall mean TRUSTED PROPERTY GROUP, LLC, its successors and assigns. The Mortgagee is the mortgagee under this Mortgage. 1.8 Mortgagor The word "Mortgagor" shall mean, MATTHEW R. HOCKLEY, and shall include his heirs, successors, and assigns. The Mortgagor is the mortgagor under this Mortgage. 1.9 Real Property The term "Real Property" shall mean all that certain real property described above in the "Grant of.Mortgage" section and as more particularly described in the attached Exhibit "A ", together with all Improvements thereon. All terms used herein and in the Uniform Commercial Code (as enacted and in effect in the Commonwealth of Pennsylvania as of the date hereof or subsequently amended), which are not specifically defined herein or in the Loan Agreement, shall have the same meaning as such term may have under the Uniform Commercial Code. All references to dollar amounts shall mean amounts in lawful money of the United States of America. 2. NOT PURCHASE MONEY MORTGAGE The Loan is not advanced to Mortgagor to acquire title to the Real Property; accordingly, this Mortgage shall not be a purchase money mortgage or purchase money security agreement as the case may be. 3. POSSESSION AND MAINTENANCE OF THE REAL PROPERTY Mortgagor agrees that Mortgagor's possession and use of the Real Property, as well as Mortgagee's license or permission to Mortgagor for possession and use of the Real Property, shall be subject to the following provisions: 3.1 Possession and Use Until the occurrence of an Event of Default that is not cured within any applicable cure period, Mortgagor may remain in possession and control of and operate and manage the Real Property and any Improvements situate upon the Real Property. 3.2 Duty to Maintain Real Property Mortgagor shall maintain the Real Property in good and saleable condition and promptly perform all repairs, replacements, and maintenance necessary to preserve its value. 3.3 Hazardous Substances The terms "hazardous waste," "hazardous substance ", "disposal," "release," and "threatened release," as used in this Mortgage, shall have the same meanings as set forth in the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, et seq. ( "CERCLA'), the Superfund Amendments and Reauthorization Act of 1986, Pub. L. No.99 -499 ( "SARA "), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq., or other applicable state or Federal Laws, rules, or regulations adopted pursuant to any of the foregoing. The terms "hazardous waste" and "hazardous substance" shall also include, without limitation, petroleum and petroleum by- products or any fraction thereof and asbestos. Mortgagor represents and warrants to Mortgagee that: (a) 5 During the period of Mortgagor's ownership of the Real Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any hazardous waste or substance by any person on, under, about or from the Real Property; (b) Mortgagor has no actual knowledge of, or reason to believe that there has been, except as previously disclosed in a Phase I or other environmental site assessment report submitted to Mortgagee in writing, (i) any use, generation, manufacture, storage, treatment, disposal, release, or threatened release of any hazardous waste or substance on, under, about or from the Real Property by any prior owners or occupants of the Real Property or (ii) any actual or threatened litigation or claims of any kind by any person relating to such matters; and (c) except as previously disclosed to and acknowledged by Mortgagee in writing, (i) neither Mortgagor nor any tenant, contractor, agent or other authorized user of the Real Property shall use, generate, manufacture, store, treat, dispose of, or release any hazardous waste or substance on, under, about or from the Real Property and (ii) any such activity shall be conducted in compliance with all applicable federal, state, and local laws, regulations and ordinances, including without - limitation those laws, regulations, and ordinances described above. Upon reasonable prior notice to Mortgagor, Mortgagor authorizes Mortgagee and its agents to enter upon the Real Property to make such inspections and tests, at Mortgagor's expense, as may be commercially reasonable and necessary to determine compliance of the Real Property with this section of the Mortgage if Mortgagee has . a . reasonable basis to believe that the Real Property is not in compliance with applicable environmental laws. Any inspections or tests made by Mortgagee or its agents: (i) shall be conducted in a manner reasonably calculated to minimize any disruption to Mortgagor's business, (ii) shall be conducted no more frequently than once per year, if of a monitoring or routine nature, and (iii) shall be for Mortgagee's purposes only and shall not be construed to create any responsibility or liability on the part of Mortgagee to Mortgagor or to any other person. The representations and warranties contained herein are based on Mortgagor's due diligence in investigating the Real Property for hazardous waste and hazardous substances. Mortgagor hereby (a) releases and waives any future claims against Mortgagee for indemnity or contribution in the event Mortgagor becomes liable for cleanup or other costs under any such laws, and (b) agrees, to indemnify and hold harmless Mortgagee against any and all claims, losses, liabilities, damages, penalties, and expenses which Mortgagee may directly or indirectly sustain or suffer resulting from a breach of this section of the Mortgage or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened release of a hazardous waste or substance on the Real Property. The provisions of this section of the Mortgage, including the obligation to indemnity, shall survive the payment of the Indebtedness and the satisfaction and reconveyance of the lien of this Mortgage and shall not be affected by Mortgagee's acquisition of any interest in the Real Property, whether by foreclosure or otherwise; provided, however, that if Borrower provides Lender with a Phase I environmental site assessment acceptable to Lender demonstrating no environmental or hazardous waste contamination of the Real Property, then the indemnity provided by this section shall cease and terminate. 3.4 Nuisance, Waste Mortgagor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on or to the Real Property or any portion of the Real Property. Without limiting the generality of the foregoing, Mortgagor will not remove, or grant to any other party the right to remove, any timber; minerals (including oil and gas); soil, gravel or rock products; Appurtenances; Improvements; or Furniture, Equipment and Apparatus without the prior written consent of Mortgagee. As a condition to the removal of any fixtures or Improvements, 6 Mortgagee may require Mortgagor to make arrangements satisfactory to Mortgagee to replace such fixtures or Improvements with Improvements of at least equal value. 3.5 Mortgagee's Right to Enter Upon reasonable prior notice to Mortgagor, Mortgagee and its agents and representatives may enter upon the Real Property at all reasonable times to attend to Mortgagee's interests and to inspect the Real Property and Improvements for purposes of Mortgagor's compliance with the terms and conditions of this Mortgage. Any such visit or inspection shall be conducted in a manner reasonably calculated to minimize any disruption to Mortgagor's business. 3.6 Compliance with Governmental Requirements Mortgagor shall promptly comply with all laws, ordinances, and regulations, now or hereafter in effect, of all governmental authorities applicable to the use or occupancy of the Real Property, including without limitation, the Americans With Disabilities Act. Mortgagor may contest in good faith any such law, ordinance, or regulation and withhold compliance during any proceeding, including appropriate appeals, so long as Mortgagor has notified Mortgagee in writing prior to doing so and so long as, in Mortgagee's sole opinion, Mortgagee's interests in the Real Property are not jeopardized. Mortgagee may require Mortgagor to post adequate security or a surety bond, in an amount equal to any contested amount to protect Mortgagee's interest. 3.7 Duty to Protect Mortgagor shall do all other acts, in addition to those acts set forth above in this section, which from the character and use of the Real Property are reasonably necessary to protect and preserve the Real Property. 4. DUE ON SALE- CONSENT BY MORTGAGEE Mortgagee may, at its option, declare immediately due and payable all sums secured by this Mortgage upon the sale or transfer, without the Mortgagee's prior written consent, of all or any part of the Real Property, or any interest in the . Real Property. For purposes of this Section, a "sale or transfer" means the conveyance of the Real Property or any right, title or interest therein; whether legal, beneficial or equitable; whether voluntary or involuntary; whether by outright sale, deed, installment sale contract, land contract, contract for deed, leasehold interest with a term greater than ten (10) years, lease - option contract, or by sale, assignment, or any other method of conveyance of the legal or equitable interest of Mortgagor in the Real Property. 5. TAXES AND LIENS 5.1 Payment Mortgagor shall pay when due (and in all events prior to delinquency) all taxes, assessments, water charges, and sewer service charges levied against or on account of the Real Property. Mortgagor shall pay when due all claims for work done on or for services rendered or material furnished to the Real Property. Mortgagor shall maintain the Real Property free of all liens having priority over or equal to the interest of Mortgagee under this Mortgage, except for the lien of taxes and assessments not due and except as otherwise provided in the following section. 5.2 Right To Contest Mortgagor may withhold payment of any tax, assessment, or claim in connection with a good faith dispute over the obligation to pay, so long as Mortgagee's interest in the Real Property is not jeopardized. If alien arises or is filed as a result of nonpayment, 7 Mortgagor shall within fifteen (15) days after the lien arises or, if a lien is filed, within fifteen (15) days after Mortgagor has notice of the filing, secure the discharge of the lien, or if requested by Mortgagee, deposit with Mortgagee cash or a sufficient surety bond or other security satisfactory to Mortgagee in an amount sufficient to discharge the lien plus reasonable costs and attorneys' fees or other charges that could accrue as a result of a foreclosure or sale under the lien. In any contest, Mortgagor shall defend itself and Mortgagee and shall satisfy any adversejudgment before enforcement against the Real Property. Mortgagor shall name Mortgagee as an additional obligee under any surety bond furnished in the contest proceedings. 5.3 Evidence of Payment Mortgagor shall upon demand furnish to Mortgagee satisfactory evidence of payment of the taxes or assessments and shall authorize the appropriate governmental official to deliver to Mortgagee at any time a written statement of the taxes and assessments against the Real Property. 6. PROPERTY DAMAGE INSURANCE 6.1 Maintenance of Insurance Mortgagor shall procure and maintain policies of fire and hazard insurance with standard extended coverage endorsements on a replacement basis for the full insurable value covering all Improvements on the Real Property in an amount sufficient to avoid application of any coinsurance clause, and with a standard mortgagee clause in favor of Mortgagee. Mortgagor shall also procure and maintain comprehensive general liability insurance in such coverage amounts as Mortgagee may request with Mortgagee being named as additional insured in such liability insurance policies. Additionally, Mortgagor shall maintain or cause to be maintained such other insurance, including but not limited to business interruption insurance as Mortgagee may require. Policies shall be written by such insurance companies and in such form as may be reasonably acceptable to Mortgagee. Mortgagor shall deliver to Mortgagee certificates of coverage from each insurer containing a stipulation that coverage will not be canceled or diminished without a minimum of thirty (30) days prior written notice to Mortgagee and not containing any disclaimer of the insurer's liability for failure to give such notice. Each insurance policy also shall include an endorsement providing that coverage in favor of Mortgagee will not be impaired in any way by any act, omission or default of Mortgagor or any other person. Should the Real Property at any time become located in an area designated by the Director of the Federal Emergency Management Agency as a special flood hazard area, Mortgagor agrees to obtain and maintain Federal Flood Insurance for the full unpaid principal balance of the Loan Agreement and any prior liens on the property securing the Indebtedness, up to the maximum policy limits set under the National Flood Insurance Program, or as otherwise required by Mortgagee, and to maintain such insurance for the term of the Indebtedness. 6.2 Application of Insurance Proceeds Mortgagor shall promptly notify Mortgagee of any loss or damage to the Real Property if the estimated cost of repair or replacement exceeds $50,000.00. Mortgagee may make proof of loss if Mortgagor fails to do so within thirty (30) days of the casualty. Provided that Mortgagor is not in default of the Loan or that Mortgagee's security is not impaired, Mortgagor may apply the proceeds to restoration and repair of the Real Property in a commercially reasonable manner. If Mortgagor is in default of the Loan or if Mortgagee's 8 security is impaired, Mortgagee may, at its election, apply the proceeds to the reduction of the Indebtedness, payment of any lien affecting the Real Property, or the restoration and repair of the Improvements. If the proceeds are to be applied to restoration and repair, Mortgagor shall repair or replace the damaged or destroyed Improvements in a manner satisfactory to Mortgagee. Mortgagee shall hold such proceeds in escrow for the benefit of Mortgagor and Mortgagee, and Mortgagee shall pay such proceeds to fund restoration and repairs as such work is completed. Any proceeds which have not been disbursed within 180 days after their receipt and which Mortgagee has not committed to the repair or restoration of the Real Property shall be used first to pay any amount owing to Mortgagee under this Mortgage, then to pay accrued interest, and the remainder, if any, shall be applied to the principal balance of the Indebtedness. If Mortgagee holds any proceeds after payment in full of the Indebtedness, such proceeds shall be paid to Mortgagor. 7. EXPENDITURES BY MORTGAGEE If Mortgagor fails to comply with any provision of this Mortgage, or if any action or proceeding is commenced that would materially affect Mortgagee's interests in the Real Property, Mortgagee on Mortgagor's behalf may, but shall not be required to, take any action that Mortgagee deems appropriate. Any amount that Mortgagee expends in so doing will bear interest at the rate provided for in the applicable Loan Agreement from the date incurred or paid by Mortgagee to the date of repayment by Mortgagor. All such expenses, at Mortgagee's option: (a) will be payable by Mortgagor on demand, (b) will be payable to Mortgagee as a condition of settlement for the sale and transfer of the Real Property, or (c) will be treated as a balloon payment which will be due and payable at the Loan Agreement's maturity date. This Mortgage also will secure payment of these amounts. The rights provided for in this paragraph shall be in addition to any other rights or any remedies to which Mortgagee may be entitled on account of the default, and any such action by Mortgagee shall not be construed as curing the default so as to bar Mortgagee from any remedy that it otherwise would have had. Mortgagor's obligation to Mortgagee for all such expenses shall survive the entry of any mortgage foreclosure judgment. 8. WARRANTY: DEFENSE OF TITLE 8.1 Title Mortgagor warrants that Mortgagor holds good and marketable title of record to the Real Property in fee simple with Robert W. Hockley and Sandra K. Hockley, as joint tenants with right of survivorship. 8.2 Defense of Title Subject to the exceptions set forth in the preceding Section, Mortgagor warrants and will forever defend the title to the Real Property against the lawful claims of all persons. In the event any action or proceeding is commenced that questions Mortgagor's title or the interest of Mortgagee under this Mortgage, Mortgagor shall defend the action at Mortgagor's expense. Mortgagor may be the nominal party in such proceeding, but Mortgagee shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of Mortgagee's own choice, and Mortgagor will deliver, or cause to be delivered, to Mortgagee such instruments as Mortgagee may request from time to time to permit such participation. 8.3 Compliance With Laws To Mortgagor's best knowledge and belief, the Real Property and Mortgagor's use and development of the Real Property complies with all existing applicable laws, ordinances, and regulations of governmental authorities. 9 9. OTHERINDEBTEDNESS 9.1 Other Indebtedness For purposes of this Mortgage, the term "Other Indebtedness" means any ilien, mortgage, security interest, or debt instrument affecting the Real Property (whether arising before or after the date hereof) other than a lien, mortgage or security interest held by Mortgagee and liens for taxes not delinquent. 9.2 Default If at any time the holder of Other Indebtedness declares an event of default under the loan documents evidencing such Other Indebtedness, the Indebtedness secured by this Mortgage shall become immediately due and payable, and this Mortgage shall be in default. 10. CONDEMNATION 10.1 Application of Net Proceeds If all or any part of the Real Property is condemned by eminent domain proceedings or by any proceeding or purchase in lieu of condemnation, Mortgagor may apply the net proceeds thereof to restoration and repair of the Real Property in a commercially reasonable manner; provided, however, that if Mortgagor is in default of the. Loan or if Mortgagee's security becomes impaired, Mortgagee may at its election require that all or any portion of the net proceeds of the award be applied to the Indebtedness. The net proceeds of the award shall mean the award after payment of all actual costs, expenses, and attorneys' fees incurred by Mortgagee in connection with the condemnation. 10.2 Proceedings If any proceeding in condemnation is filed, Mortgagor shall promptly notify Mortgagee in writing, and Mortgagor shall promptly take such steps as may be necessary to defend the action and obtain the award. Mortgagor may be the nominal party in such proceeding, but Mortgagee.shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of its own choice, and Mortgagor will deliver or cause to be delivered to Mortgagee such instruments as may be requested by it from time to time to permit such participation. 11. SECURITY AGREEMENT: FINANCING STATEMENTS The following provisions relating to this Mortgage as a security agreement are a part of this Mortgage. 11.1 Security Agreement Mortgagor hereby agrees that this Mortgage is a security agreement under the Uniform Commercial Code, as enacted. in the Commonwealth of Pennsylvania, and creates in Mortgagee a security interest in, among other things, all Awards, Insurance Policies, Leases, Income and Rents, Accounts Receivable and Furniture, Equipment and Apparatus, to the extent the same are considered fixtures or real property under applicable law and to the extent not otherwise included within the security interest of Mortgagee as evidenced by the Security Agreement signed by the parties and perfected by UCC -1 Financing Statements filed with the Pennsylvania Department of State. 11.2 Filing of Security Instruments Upon notice to Mortgagor, Mortgagee may execute, deliver, and file in the real property records of the county in which the Real Property is situate, any financing statements, continuation certificates and such other documents as Mortgagee may reasonably determine necessary from time to time to perfect and maintain in favor of the 10 Mortgagee a security interest under the Uniform Commercial Code in such Awards, Insurance Policies, Leases, Income and Rents, Accounts Receivable and Furniture, Equipment and Apparatus. For such purposes, Mortgagor hereby irrevocably appoints Mortgagee attorney -in -fact for Mortgagor to execute, deliver and file any of the documents referred to herein above for and on behalf of Mortgagor. Mortgagor shall reimburse Mortgagee for all expenses incurred in perfecting or continuing this security interest. 11.3 Addresses The mailing addresses of Mortgagor (debtor) and Mortgagee (secured party), from which information concerning the security interest granted by this Mortgage may be obtained (each as required by the Uniform Commercial Code), are as stated on the first page of this Mortgage. 12. FURTHER ASSURANCES: ATTORNEY -IN -FACT 12.1 Further Assurances to Protect Mortgagee At any time, and from time to time, upon request of Mortgagee, Mortgagor will make, execute and deliver, or will cause to be made, exe- cuted or delivered, to Mortgagee or to Mortgagee's designee, and when requested by Mortgagee, cause to be filed, recorded, re- filed, or re- recorded, as the case maybe, at such times and in such offices and places as Mortgagee may deem appropriate, any and all mortgages, deeds of trust, security deeds, security agreements, financing statements, continuation statements, instruments of further assurance, certificates, and other documents as may, in the sole opinion of Mortgagee, be necessary or desirable in order to effectuate, complete, perfect, continue, or preserve (a) the obligations of Mortgagor under this Mortgage and the Loan Agreement, and (b) the liens and security interests created by this Mortgage on the Real Property, whether now owned or hereafter acquired by Mortgagor. Mortgagor shall reimburse Mortgagee for all costs and expenses incurred in connection therewith. 12.2 Attorney -in -Fact If Mortgagor fails to do any of the things referred to in the preceding section, Mortgagee may do so for and in the name of Mortgagor and at Mortgagor's expense. For such purposes, Mortgagor hereby irrevocably appoints Mortgagee as Mortgagor's attorney -in -fact for the purpose of making, executing, delivering, filing, recording, and doing all other things as may be necessary or desirable, in Mortgagee's sole opinion, to accomplish the matters referred to in the preceding section. 13. FULL PERFORMANCE If (i) Borrower pay all the Indebtedness, including without limitation all future advances, when due, and otherwise performs all the obligations imposed upon Borrower under the Loan Agreement, and (ii) Mortgagor performs all of the duties and obligations contained in this Mortgage, Mortgagee shall execute and deliver to Mortgagor a suitable satisfaction of this Mortgage and suitable statements of termination. of any financing statement on file evidencing Mortgagee's security interest in the Mortgaged Premises. Mortgagor will pay a reasonable termination fee as determined by Mortgagee from time to time to reimburse Mortgagee for the costs and expenses incurred by Mortgagee in satisfying and terminating the security interests of Mortgagee with respect to the Mortgaged Premises. 14. DEFAULT Each of the following, at the option of Mortgagee, shall constitute an event of default ( "Event of Default ") under this Mortgage: 11 .14.1 Default on Indebtedness Failure, of Borrower to make any payment when due on the Indebtedness, which failure continues following the expiration of any applicable notice and cure period. 14.2 Default on Other Payments Subject to the provisions of section 5.2 herein, failure of Mortgagor to make any payment for taxes, insurance, sewer rental, utilities, or any other payment affecting the Real Property within the time required to prevent filing of any lien or imposition on the Real Property. 14.3 Compliance Default Failure of Borrower to comply with any other term, obligation, covenant or condition contained in the Loan Agreement; failure of Mortgagor to comply with any other term, obligation, covenant or condition contained in this Mortgage. 14.4 Default In Favor of Third Parties Default by Borrower or Mortgagor under any loan, extension of credit, security agreement, purchase or sales agreement, or any other agreement, in favor of any other creditor or person that may materially affect the Real Property or Mortgagor's ability to perform Mortgagor's obligations under this Mortgage or Borrower's obligations under the Loan Agreement. 14.5 False Statements Determination by Mortgagee that any warranty, representation or statement made or furnished to Mortgagee by or on behalf of Mortgagor under this Mortgage or by Borrower is false or misleading in any material respect, in light of the circumstances under which it was made. 14.6 Defective Collateralization Any determination that this Mortgage or the Loan Agreement ceases to be legally enforceable (including failure of this Mortgage or any collateral documents to create a valid and perfected security interest or first mortgage lien with respect to the Mortgaged Premises) at any time and for any reason. 14.7 Death or Insolvency The occurrences of any of the following conditions or events: the death of either of the Borrower; the inability of Borrower to pay debts and expenses as the same become due or any judicial determination of insolvency; the appointment of a receiver for any part of Mortgagor's property; any assignment for the benefit of creditors or any type of creditor Workout; the voluntary commencement of any proceeding by Mortgagor under any bankruptcy or insolvency laws; or the commencement of any proceeding under any bankruptcy or insolvency laws against Mortgagor, which is not dismissed within sixty (60) days. 14.8 Foreclosure. Forfeiture. etc. Commencement of foreclosure or forfeiture proceed- ings, whether by judicial proceeding, self -help, repossession or any other method, by any creditor of Mortgagor or by any governmental agency against the Real Property; provided, however, that this subsection shall not apply in the event of a good faith dispute by.Mortgagor as to the validity or reasonableness of the claim which is the basis of the foreclosure or forfeiture proceeding if Mortgagor gives Mortgagee written notice of such claim and furnishes reserves or a surety bond for the claim satisfactory to Mortgagee. 12 14.9 Default under Other Indebtedness Occurrence of a default under any Other Indebt- edness or under any instrument securing any Other Indebtedness, or commencement of any suit or other action to foreclose any lien on the Real Property. 14.10 Adverse Change The occurrence of a material adverse change in the financial condition of the Borrower or of the Mortgagor such that Mortgagee believes, in good faith, that the prospect of payment or performance of the Indebtedness is impaired. 15. MORTGAGOR'S RIGHT TO CURE DEFAULT Notwithstanding anything to the contrary herein, Mortgagee shall give written notice to Mortgagor of any failure or condition (except for failure to make payments under the Loan Agreement) which Mortgagee believes constitutes an Event of Default or with the passage of time would constitute an Event of Default. If any such failure or condition is curable, it may be cured (and no Event of Default will have occurred) if Mortgagor, after Mortgagee sends written notice demanding cure of such failure: (a) cures the failure within thirty (30) days; or (b) if the cure requires more than thirty (30) days, immediately initiates steps sufficient to cure the failure and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. 16. RIGHTS AND REMEDIES OF MORTGAGEE UPON DEFAULT Subject to the provisions of the preceding Section 15 (Mortgagor's Right to Cure Default), upon the occurrence of any Event of Default and at any time thereafter, Mortgagee, at its option, may exercise any one or more of the following rights and remedies, in addition to any other rights or remedies provided by law: 16.1 Accelerate Indebtedness Subject to applicable law, Mortgagee shall have the right, at its option and without notice to Borrower or to Mortgagor, to declare the entire Indebtedness immediately due and payable. 16.2 UCC Remedies With respect to all or any part of the Mortgaged Premises, Mortgagee shall have all the rights and remedies of a secured party under the Uniform Commercial Code. 16.3 Collect Rents Mortgagee shall have the right, upon written notice to Mortgagor, to take possession of the Real Property and collect the Accounts Receivable, including amounts past due and unpaid, and apply the net proceeds, over and above Mortgagee's costs,'against the Indebtedness. In furtherance of this right, Mortgagee may require any tenant or other user of the Real Property to make payments of rent or use fees directly to Mortgagee. If the Accounts Receivable are collected by Mortgagee, then Mortgagor irrevocably designates Mortgagee as Mortgagor's attorney -in -fact to endorse instruments received in payment thereof in the name of Mortgagor and to negotiate the same and collect the proceeds. Payments by tenants or other users to Mortgagee in response to Mortgagee's demand shall satisfy the obligations for which the payments are made, whether or not any proper grounds for the demand existed. Mortgagee may exercise its rights under this section either in person, by agent, or through a receiver. 16.4 Appoint Receiver Mortgagee shall have the right to have a receiver appointed to take possession of all or any part of the Real Property, with the power to protect and preserve the Real Property, to operate the Real Property preceding foreclosure or sale, and to collect Accounts 13 ROBERT P. ZIEGLER RECORDER OF DEEDS �- CUMBERLAND COUNTY . 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717 - 240 -6370 S Instrument Number - 201218464 Recorded On 6/21/2012 At 11:05:39 AM * Total Pages - 18 • Instrument Type - MORTGAGE Invoice Number - 111058 User ID - MSW • Mortgagor - HOCKLEY, MATTHEW R • Mortgagee - TRUSTED PROPERTY GROUP LLC • Customer - KAGEN MACDONALD & FRANCE * FEES STATE WRIT TAX $0.50 Certification Page STATE JCS /ACCESS TO $23.50 JUSTICE DO NOT DETACH RECORDING FEES - $37.50 RECORDER OF DEEDS This page is now art PARCEL CERTIFICATION $10 P g P FEES of this legal document. AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $88.00 I Certify this to be recorded in Cumberland County PA cur J RECORDER O D EDS * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. 003807 IIIIIIIIIII Donald B. Hoyt retired Charles A. Rausch Bradley J. Leber Donald H. Yost David A. Mills John J. Baranski, Jr. Albert G. Blakey Nicole M. Ehrhart (1929 - 2012) Blakey, Yost, Bupp & Rausch, LLP David Wm. Bupp (1938 -2010) Attorneys at Law September 10, 2013 Via Certified and First Class U.S. Mail Matthew R. Hockley 32 Oak Avenue Camp Hill, PA 17011 RE: Premises: 155 West Vine Street, Shiremanstown, PA 17011 Mortgage date: January 12, 2012 Lender: Trusted Property Group, LLC Dear Mr. Hockley: This Notice is given in connection with your debt or debts owed to the creditor (being our client) in the amounts set forth in our letter(s) to you dated the same date as this Notice entitled "Notice of Intention to Foreclose." As used below, the term "debt" means each debt described in our, letter(s). Unless you, within 33 days after your receipt of this Notice, dispute the validity of the debt or any portion thereof, the debt will be assumed to be valid by us. If you notify us in writing within the 33 day period that the debt, or any portion thereof, is disputed, we will obtain and mail to you verification of the debt, or a copy of any judgment entered against you. Also, upon your written request to us within the 33 day period, we will provide you with the name and address of the original creditor if different from our client. If you notify us in writing within the foregoing 33 day period that the debt, or any portion thereof, is disputed, or you request the name and address of the original creditor, we shall cease collection of the debt, or any disputed portion thereof, until we obtain and mail to you (an appropriate) verification of the debt or a copy of any judgment upon the debt entered against you, and/or the name and address of the original creditor. In order that we may respond promptly kindly mail your communications to us regarding the above matters to the attention of the undersigned at the address shown below C o(o r.6.9 ever 30 y6m o�Gxrrtlence 17 East Market Street, York PA 17401 717- 845 -3674 Fax 717- 854 -7839 Visit our website at www.blakevyost.com EXFIIBIT B September 10, 2013 Page 2 THIS NOTICE IS GIVEN PURSUANT TO THE PROVISIONS OF THE FEDERAL FAIR DEBT COLLECTIONS PRACTICES ACT AS AMENDED (15 U.S.C. § 1692 ET SEQ.) AND THE REGULATIONS OF THE PENNSYLVANIA BUREAU OF CONSUMER PROTECTION ENTITLED "DEBT COLLECTION TRADE PRACTICES" (37 PA. CODE CH. 303). NOTHING HEREIN IS INTENDED TO ALTER OR AMEND THE RIGHTS AND DUTIES OF YOU, OUR CLIENT, AND US, WITH RESPECT TO THE DEBT EXCEPT AS MAY BE REQUIRED BY SAID ACT AND REGULATIONS. BLAKEY, YOST, BUPP & RAUSCH, LLP Dated: i By: Bradley J. eb r, Esquire Supreme Ct. ID No. PA69317 17 East Market Street York, PA 17401 Phone: (717) 845 -3674 bleber@blakeyyost.com Attorney for the Plaintiff Donald B. Hoyt retired Charles A. Rausch _ Bradley J. Leber r Donald H. Yost David A. Mills t John J. Baranski, Jr. Albert G. Blakey Nicole M. Ehrhart (1929 - 2012) Blakey, Yost, Bupp & Rausch, LLP David Wm. Bupp Attorneys at Law (1938 -2010) September 10, 2013 Via Certified and First Class U.S. Mail Matthew R. Hockley 32 Oak Avenue Camp Hill, PA 17011 NOTICE OF INTENTION TO FORECLOSE Dear Mr. Hockley: Your loan, entered into between you and Trusted Property Group, LLC, for the property located at 155 West Vine Street, Shiremanstown, Pennsylvania, IS IN SERIOUS DEFAULT because you have failed to make the monthly payment of $400.00, due on the first of each month, for July, August and September 2013. The total amount now required to cure this default, or in other words, get caught up in your payments, as of the date of this letter, is $1,200.00. You may cure this default within THIRTY (3 0) DAYS of the date of this letter by paying the above amount of $1,200.00, plus any additional monthly payments and late charges which may come during this period. Such payment must be made either by cash, cashier's check, certified check or money order and made at 17 East Market Street, York, PA 17401 If you do not cure the default within THIRTY (30) DAYS, the legal owners may instruct their attorneys to commence a lawsuit to foreclose on the property subject to the Installment Sales Agreement. If the Installment Sales Agreement is foreclosed, the property subject to the Installment Sales Agreement will be sold by the sheriff to pay off the Installment Sales Agreement debt. l-a44.4.9 06ar 3n �eare o�Cr�cv[[once 17 East Market Street, York PA 17401 717 - 845 -3674 Fax 717 - 854 -7839 Visit our website at www.blakevyost.com September 10, 2013 Page 2 If we refer your case to our attorneys, but you cure the default before they begin legal proceedings against you, you will still have to pay the reasonable attorneys fees, actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorneys fees even if they are over $50.00. Any attorney's fees will be added to whatever you owe us, which may also include our reasonable costs. If you cure the default within the thirty day period you will not be required to pay attorne fees We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If you have not cured the default within the thirty 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 Sheriffs foreclosure sale You may do so by paying the total amount of the unpaid monthly payments plus any late or other charges then due as well as the reasonable attorney fees and costs connected with the foreclosure sale land perform any other requirements under the Installment Sales A eementl It is estimated that the earliest date that such a Sheriffs sale could be held would be approximately April 2014. A notice of the date of the Sheriff 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 will be by calling Bradley J. Leber, Esquire at the following number: (717) 845 -3674 This payment must be in cash, cashier's check, certified check or money order and made payable to us at the address stated above. You should realize that a Sheriffs sale will end your ownership of the property and your right to remain in it. If you continue to live in the property after the Sheriffs sale, a lawsuit could be started to evict you. You have additional rights to help protect your interest in the property. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY SELLING THE PROPERTY OR BY BORROWING MONEY FROM ANOTHER LENDING INSTITUTION IN ORDER TO PAY OFF THE DEBT. Very trul y ur 1 Bradley J. Le be , Esquire Blakey, Yost, Bupp & Rausch, LLP Attorney for Trusted Property Group, LLC BJL /loc c: Client/file SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson , nLL - L._. Sheriff . �t1 dryJody S Smith , Chief Deputy ZglI3 FEB 25 PM 1 . � Richard W Stewart Solicitor ;Err,,E Cv r w :m {'JM€'BERteN,ANEy Ir I \'' ENSY .VPC:J\N1A U.S. Bank National Association Case Number vs. Michelle L. Kann (et al.) 2014-673 SHERIFF'S RETURN OF SERVICE 02/18/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Michelle L. Kann, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as"Not Found"at 504 N. Walnut Street, Mt. Holly Springs Borough, Mount Holly Springs, PA 17065. Residence is vacant and per neighbors the defendant moved out in May 2013. 02/18/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Joshua A. Kann, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as"Not Found"at 504 N. Walnut Street, Mt. Holly Springs Borough, Mount Holly Springs, PA 17065. Residence is vacant and per neighbors the defendant moved out in May 2013. 02/18/2014 07:38 PM- Deputy Shawn Harrison, being duly sworn according to law, served the -•nested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in • ,age 'or:closure by handing a true copy to a person representing themselves to be Michelle Kann, w • .•••-• ed -s"Adult Person in Charge"for Joshua A. Kann at 411 Petersburg Road, South Middleton, i - i. -, 'A 1 015. iiii SH' ' HARR ON, DEPUTY 02/18/2014 07:38 PM - Deputy Shawn Harrison, being duly sworn according to law, served the e'uested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mr rage or:closure by "personally"handing a true copy to a person representing themselves to ••= - a efe dant, to wit: Michelle L. Kann at 411 Petersburg Road, South Middleton, Carlisle, PA n e- tfAii SHA HA—''''ON, DEPUTY SHERIFF COST: $58.69 SO ANSWERS, ; , . 71aa°"------:--- February 19, 2014 RONIR ANDERSON, SHERIFF ,,-., ,,: ;S„ rt``Tc:osc'