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HomeMy WebLinkAbout14-1364 Supreme Co ~� nsylvania COur O Il leas For Prothonotary Use Only: " ' V t Docket No: U The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: S El Complaint 0 Writ of Summons ® Petition ® Transfer from Another Jurisdiction ® Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: METRO BANK DOUGLAS P. FESLER T Dollar Amount Requested: [3 within arbitration limits I Are money damages requested? El Yes ® No (check one) ®x outside arbitration limits O N Is this a Class Action Suit? ® Yes 0 No Is this an MDJAppeal? Yes 0 No A Name of Plaintiff /Appellant's Attorney: Scott A. Dietterick, Esquire L- ® Check here if you have no attorney (are a Self- Represented [Pro Se] Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS ® Intentional ® Buyer Plaintiff Administrative Agencies ® Malicious Prosecution ® Debt Collection: Credit Card ® Board of Assessment ® Motor Vehicle ® Debt Collection: Other ® Board of Elections ® Nuisance ® Dept. of Transportation ® Premises Liability ® Statutory Appeal: Other S ® Product Liability (does not include mass tort) 13 Employment Dispute: E Discrimination ® Slander/Libel/ Defamation ® Employment Dispute: Other ® Zoning Board C ® Other: T ® Other: I ® Other: O MASS TORT 0 Asbestos N ® Tobacco ® Toxic Tort - DES E ® Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS Toxic Waste 13 Ejectment [3 Common Law /Statutory Arbitration Other: [3 Eminent Domain/Condemnation [3 Declaratory Judgment B ® Ground Rent ® Mandamus Landlord/Tenant Dispute ® Non - Domestic Relations ®x Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY ® Mortgage Foreclosure: Commercial ® Quo Warranto ® Dental ® Partition ® Replevin ® Legal ® Quiet Title Other: Medical ® Other: ® Other Professional: Updated 1/1/2011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA METRO BANK CIVIL DIVISION Plaintiff NO.: VS. TYPE OF PLEADING DOUGLAS P. FESLER, Defendant CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE FILED ON BEHALF OF: Metro Bank, Plaintiff TO: UDGMENT COUNSEL OF RECORD FOR THIS YOU IED TO PLEAD TO THE PARTY: ENCL WIT TWENTY (20) DAYS FROM A DEFA LT JUDGMENT Scott A. Dietterick, Esquire C -- MAYSTY Pa. I.D. #55650' Kathryn L. Mason, Esquire Pa. I.D. #306779 r -'1 . C t ATTORNEY FOR I HEREBY CERTIFY THAT THE ADDRESS OF THE PLAINTIFF IS: JSDC LAW OFFICES 't-) ZE 3801 Paxton Street Harrisburg, PA 17111 AND THE DEFEN ANT: P.O. Box 650 , 1 c r t 311 Allen Str t Hershey, PA 17033 Carlisle, PA 013 ATTORNE TIFF (717) 533 -3280 CERTIFICATE OF LOCATION I HEREBY CERTIFY HE CATION OF THE REAL EST AFFECT Y THIS LIEN IS 126 N. Enola . enue, Eno A 17025 ATTO O TIFF 4 1 0 3-9 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. §1692 ET SEQ. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF, IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. METRO BANK, AN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNA V NO. DOUGLAS P. FESLER, . DEFENDANT : CIVIL ACTION — LAW NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claim 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 INFOMRATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (717) 249 -3166 (800) 990 -9108 METRO BANK, :IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNA. v NO. DOUGLAS P. FESLER, DEFENDANT : CIVIL ACTION — LAW AVISO USTED HA SIDO DEMONDADO /A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tornar accion dentro do los , proximos veinte (20) dias despues de la notifacacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comperencencia escrita y redicanco en la Courte por escrito sus defensas de, y objecciones a, los demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero O propieded u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABAGADO IIVIMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A UNO, LLAME A VAYA A LA SIGUEINTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. NOTICE TO DEFEND & LAWYER REFERRAL 'SERVICE Cumberland County Bar Association 32 S. Bedford .Street Carlisle, PA 17013 Phone (717) 249 -3166 (800) 990 -9108 Scott A. Dietterick, Esquire Supreme Court I.D. #55650 Kathryn L. Mason, Esquire Supreme Court I.D. #306779 JSDC Law Offices PO Box 650 Hershey, PA 17033 (717) 533 -3280 (717) 533 -2795 Attorneys for Plaintiff METRO BANK, :IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNA V NO. DOUGLAS P. FESLER, . DEFENDANT : CIVIL ACTION — LAW CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE And now comes Metro Bank, by its attorneys, JSDC Law Offices and files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff is Metro Bank, which has its principal place of business at 3801 Paxton Street, Harrisburg, Pennsylvania 17111. 2. The Defendant, Douglas P. Fesler, is an adult individual whose last known address is 311 Allen Street, Carlisle, Cumberland County, Pennsylvania 17013 3. On or about November 15, 2009, Defendant executed a Note ( "Note ") in favor of Plaintiff in the original principal amount of $30,000.00. A true and correct copy of said Note is marked Exhibit "A ", attached hereto and made a part hereof. 4. On or about November 15, 2009, as security for payment of the aforesaid Note, Defendant made, executed and delivered to Plaintiff a Mortgage in the original principal amount of $30,000.00 on the premises known and numbered as 126 N. Enola Drive, Eriola, Cumberland County, Pennsylvania 17025. The Mortgage was recorded in the Office of the Recorder of Deeds of Cumberland County on December 3, 2009, to Instrument #200940359. A true and correct copy of said Mortgage containing a description of the premises subject to said Mortgage is marked Exhibit "B ", attached hereto and made a part hereof. 5. Defendant is the record and real owner of the aforesaid mortgaged premises. i 6. Defendant is in default under the terms of the aforesaid Mortgage and Note for, inter alia, failure to pay the monthly installments of principal and interest when due. 7. On or about November 26, 2013, Defendant was mailed a Notice of Intention to Foreclose Mortgage, in compliance with the Homeowner's Emergency Mortgage Assistance Act, 41 P.S. §101, et seq. A true and correct copy of said Notice is marked Exhibit "C ", attached hereto and made a part hereof. 8. Plaintiff was not required to send Defendant written Notice pursuant to 35 P.S. §1680.403 (c) (Homeowners' Emergency Mortgage Assistance Act of 1983, - Act 91 of 1983), prior to commencement of this action for the reason that the aforesaid mortgaged premises is not the principal residence of Defendant. 9. The amount due and owing Plaintiff by Defendants is as follows: Principal $ 25,490.91 Interest through 2/6/2014 $ 254.82 Late Fees $ 125.10 Unpaid Loan Fees $ 55.50 Attorney's Fees $ 1,650.00 Title Costs $ 410.00 TOTAL $ 27,986.33 plus interest on the. principal sum ($25,490.91) from February 15, 2014, at the rate of $5.23 per diem, plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount due of $27,986.33, with interest thereon at the rate of $5.23 per diem from February 15, 2014 plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure anjsaletne ortgaged premises. aF Dated: 7 1 Z . S �� PA I.D. # 556 50 Kathryn. L. Mason, Esquire PA I.D. # 306779 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533 -3280 THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. EXHIBIT PROMISSORY NOTE Principal Loan Date Maturity Loan No I CaQ � $30.000.00 11 -15 -2009 11- 15- 2024 400217855 Atxount Officer Initials References in the boxes above ny are for Lender's use only and do not limit the applicability of this document to an 1011 A item above containing •• *�• has been omitted due to text let limitations, y particular loan or item. Borrower: Dough P. Feeler 311 Alen St Lender: METRO BANK .-.• CARLISLE Carlisle, PA 17013 � ' ^` :'� ` �� 65 ASHLAND AVENUE CARLISLE, PA 17013 (717) 240.2685 Principal Amount: $30,000.00 Interest Rate: 7.490% Date of Note: November 15, 2009 PROMISE TO PAY. I ( "Borrower ") Maturity Date: November 15, 2024 prorpdss to pay to METRO BANK ( "Lsrnder "}, or order. In lawful money of the United States of America, the principal amount of Thirty Thousand & 001100 Dollars 030.000.00). together with interest on the u npakl principal balance from November 15, 2009, calculated as described In the 'INTEREST CALCULATION METHOD" full. The krtereat rate may Change under the terms and conditions of the 'PREFER DRATE an Interest rat of REDUCTION" section. Theme to r until paid In ate change under the terns and conditions of the 'INTEREST AFTER DEFAULT" s"tion. rate will increase the amounts of my payments. Unless vvahred by Lender, any increase na int rs P* PAYMENT. I will pay this loan in 180 payments of $277.98 each payment. My first payment Is due December 15. 2009, and all subsequent ymlt � are dui Owns the same day of each month after that. My final payment will be due on November 15, 2024, and Will be for am principal accrued inst not yet paid. Payments include principal and interest. Unless otherwise agreed or required by applicable law, psymente unll be applied to any accrued unpaid Interest; then to principal: then to any late charges: and then to any unpaid milection costa. RECEIPT OF PAYMENTS. All Payments must be made by a chsc? , outometic account debit, electronic instrument In U.S. dollars and must be received by us at the remittance funds transfer, money order, or other address shown on your bipirp statement. p aynts address prior to 6:00 P.M. EASTERN on any business day will be credited to your Loan as of the date received. H ws ►ecei�ve received at that tocaUons, such payments will be credited promptly to your Loan, but crediting may be delayed for roc !p unts at other writing Lender at Lender's address shown above or at such other piece as Lender may gnats des! in firre (8! days after receipt. ( at pay . PREFERRED RATE REDUCTION. The interest rate on this Note Includes a preferred rate reduction. Fallowing is a description of the event th would cause the preferred rate reduction to terminate, how the new rate wig be determined upon termination of the preferred rate red at uction and any rules pertaining to the termination of the rate reduction. Description of Event That would Cause the Preferred Rate Reduction to Terminate. IF THE AUTOMATIC PAYMENT IS DISCONTINUED BY THE 80RROWER OR THE LENDER. How The Now Rate WE Be Determined Upon Termination of the Preferred Reduction. THE INTEREST RATE WILL INCREASE BY ONE -HALF OF ONE PERCENT (.600%). Rules. THERE IS AN ADMINISTRATIVE FEE OF $25.00 WHICH BORROWER WILL PAY IN CASH OR LENDER WILL ADVANCE FROM THE LOAN. INTEREST CALCULATION METHOD. Interest on this Note Is computed on a 365/365 simple interest basis; that is, by applying the ratio of the Interest rate over the number of days in a year, multiplied by the outstoridung principal balance. multiplied by the actuM number of days the principal balance is outstanding. Ali interest payable under this Note is computed using this method. PREPAYMENT, i may pay without penalty all or a portion of the amount owed earlier than it is due. Early payments will not, unless agreed to by Lender in writing, relieve me of my obligation to continue to make payments under the payment schedule. Rather, early payments will reduce the principal balance due and may result in my making fewer payments. i agree not to send Lender payments marked " recourse " or similar language. If 1 send such a payment, Lender may accept It without losing any of Lender's rights under this a nd i w ll remain obligated to pay any further amount owed to Lender. All written communications concerning disputed amounts, including any check or other payment instrument that indicates that the payment constitutes "payment in full' of the amount owed or that is tendered with other conditions or limitations or as full satisfaction of a disputed amount must be mailed or delivered to: METRO BANK, LOAN SERVICING, 3801 PAXTON STREET HARRISBURG, PA 17111. LATE CHARGE. If a payment Is 16 days or more late, I will be charged 5.000% of the regularly scheduled payment. INTEREST AFTER DEFAULT. Upon default, including failure to pay upon final maturity, the interest rate on this Note shall be increased by 2.000 percentage points. If Judgment is entered in connection with this Note, Interest will continue to accrue after the date of judgment at the rate in effect at the time judgment is entered. However, in no event will the interest rate exceed the maximum Interest rate limitations under applicable law. DEFAULT. I will be in default under this Note if any of the following happen: Payment Default. I fail to make any payment when due under this Note. Break Other Promises. I break any promise made to Lender or fail to perform promptly at the time and strictly in the manner provided in this Note or in any agreement related to this Note, or In any other agreement or loan I have with Lender. DgfaWt In Favor of Third Parties. I or any Grantor defaults under any loan, extension of credit, security agreement, purchase or sales agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of my property or my ability to repay this Note or perform my obligations under this Note or any of the related documents. False Statements. Any representation or statement made or furnished to Lender by me or on my behalf under this Note or the related documents is false or misleading in any material respect, either now or at the time made or furnished. Death or Insolvency. Any Borrower dies or becomes Insolvent; a receiver is appointed for any part of my property; I make an assignment for the benefit of creditors; or any proceeding is commenced either by me or against me under any bankruptcy or insolvency laws. Taking of the Property. Any creditor or governmental agency tries to take any of the property or any other of my property In which Lender has alien. This includes taking of, garnishing of or levying on my accounts with Lender. However, if I dispute in good faith whether the clalm on which the taking of the property is based is valid or reasonable, and If I give Lender written notice of the claim and furnish Lender Loan No: 400217855 PROMISSORY NOTE (Continued) Page 2 Defective Codateralization. This Note or any of the related documents ceases to be in full force and effect (including failure of any collateral document to create a valid and perfected security interest or lien) at any time and for any reason. Collateral Damage or Loss. Any collateral securing this Note Is lost, stolen, substantially damaged or destroyed and the loss, theft, substantial damage or destruction is not covered by insurance. Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation parry of any of the Indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes Incompetent, or revokes or disputes the validity of, or liability under, any guaranty of the indebtedness evidenced by this Note. Insecurity. Lender in good faith believes itself insecure. Cure Provisions. If any default, other than a default in payment is curable and if I have not been given a notice of a breach of the same provision of this Note within the preceding twelve (12) months, it may be cured if 1, after Lender sands written notice to me demanding cure of such default: (1) cure the default within fifteen 0 5 days; or (2) if the cure requires more than fifteen (15! days, Immediately Initiate steps which Lender deems In Lender's sole discretion to be sufficient to cure the default and thereafter continue and complete all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. LENDER'S RIGHTS. Upon default, Lender may, after giving such notices as required by applicable law, declare the entire unpaid principal balance under this Note and all accrued unpaid interest immediately due, and then I will pay that amount. ATTORNEYS' FEES, EXPENSES. Lender may hire or pay someone else to help collect this Note if i do not pay. I will pay Lender that amount. This Includes, subject to any limits under applicable law, Lender's reasonable attorneys' fees and Lender's legal expenses, whether or not there Is a lawsuit, including reasonable attorneys' fees, expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), and appeals. If not prohibited by applicable law, 1 8160 will pay any court costs, in addition to all other sums provided by law. GOVERNING LAW. This Note will be governed by federal law applicable to Lender and. to the extent not preempted by federal law, the laws of the Commonwealth of Pennsylvania without regard to its CoMBcts of law provisions. This Note has been accepted by Lender In the Comnwrnnealth of Pennsylvania. RIGHT OF SETOFF. To the extent permitted by applicable law, Lender reserves a right of setoff in all my accounts with Lender (whether checking, savings, or some other account). This includes all accounts I hold jointly with someone also and all accounts I may open in the future. However, this does not include any IRA or Keogh accounts, or any trust accounts for which setoff would be prohibited by law. I authorize Lender, to the extent permitted by applicable law, to charge or setoff all sums owing on the indebtedness against any and all such accounts. COLLATERAL. 1 acknowledge this Note is secured by the following collateral described in the security instrument listed herein: a Mortgage dated November 15, 2009, to Lender on real property located in Cumberland County, Commonwealth of Pennsylvania. PROPERTY INSURANCE. I understand that I am required to obtain insurance for the collateral securing this Note. Further information concerning this requirement is set forth in the Mortgage and in the Agreement to Provide Insurance, all the terms and conditions of which are hereby incorporated end made a part of this Note. ERROR & OMISSION AGREEMENT. The Undersigned Borrower(s) for and In consideration of the above referenced loan agrees, is requested by Lender or Closing Agent for Lender, to fully cooperate and adjust for clerical errors, on any or all loan Closing documentation if deemed necessary or desirable to the reasonable discretion of Lender or Closing Agent for Lender. The Borroweils) agree to promptly execute any corrected documents at Lender Address. The Undersigned Borrower(s) does hereby so agree and covenant in order to assure that the loan documentation executed this date will conform and be acceptable by Lender or its interest in and to the loan documentation. The Undersigned Borrower(s) failure to comply with a request under this Agreement by Lender or Closing Agent for Lender may, at the option of Lender, constitute a DEFAULT by Borrowers) under the loan documents enforceable against Borrower(s) and which Is in addition to any other remedies available at law or in equity to Lender. SUCCESSOR INTERESTS. The terms of this Note shall be binding upon me, and upon my heirs, personal representatives, successors and assigns, and shall inure to the benefit of Lender and Its successors and assigns. NOTIFY US OF INACCURATE INFORMATION WE REPORT TO CONSUMER REPORTING AGENCIES. Please notify us if we report any inaccurate Information about your account(s) to a consumer reporting agency. Your written notice describing the specific inaccuracy(ies) should be sent to us at the following address: METRO BANK LOAN SERVICING 3801 PAXTON STREET HARRISBURG, PA 17111. GENERAL PROVISIONS. If any part of this Note cannot be enforced, this fact will not affect the rest of the Note. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them. I and any other person who signs, guarantees or endorses this Note, to the extent allowed by law, waive presentment, demand for payment, and notice of dishonor. Upon any change in the terms of this Note, and unless otherwise expressly stated in writing, no parry who signs this Note, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability, All such parties agree that Lender may renew or extend (repeatedly and for any length of time) this loan or release any party or guarantor or collateral; or impair, fall to realize upon or perfect Lender's security interest in the collateral. All such parties also agree that Lender may modify this loan without the Consent of or notice to anyone other than the parry with whom the modification Is made. The obligations under this Note are joint and several. This means that the words "i ", "me ", and "my" mean each and all of the persons signing below. PRIOR TO SIGNING THiS NOTE, I READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE. 1 AGREE TO THE TERMS OF THE NOTE. I ACKNOWLEDGE RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE. THIS NOTE iS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS NOTE iS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCO ING To LAW. BORROWER: X ww nw �.nsg,wr. c wAppp' uM. At qOs P-d. - ra s r.Fhu ye T"M nFSr t Parcel Identification Number: 09 -14- 0832 -231 Py RECORDATION REQUESTED BY: METRO BANK CARLISLE 65 ASHLAND AVENUE CARLISLE. PA 17013 WHEN RECORDED MAIL TO: METRO BANK LOAN SERVICING 3801 PAXTON STREET HARRISBURG. PA 17111 -1418 SEND TAX NOTICES TO: Douglas P. Feeler 311 Allen St Carlisle, PA 17013 FOR RECORDER'S USE ONLY MORTGAGE Amount Secured Hereby: $30,000.00 THIS MORTGAGE dated November 15, 2009, is made and executed between Douglas P. Fesler, whose address Is 311 Allen St, Carlisle, PA 17013 (referred to below as "Grantor ") and METRO BANK, whose address is 65 ASHLAND AVENUE, CARLISLE, PA 17013 (referred to below as "Lender "). GRANT OF MORTGAGE. For valuable consideration, Grantor grants, bargains, sells, convoys, assigns, transfers, releases, confirms and mortgages to Lender all of Grantor's right, title, and interest in and to the following described real property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all streets, lanes, alleys, passages, and ways; all easements, rights of way, all liberties, privileges, tenements, hereditements, and appurtenances thereunto belonging or anywise made appurtenant hereafter, and the reversions and remainders with respect thereto; all water, water rights, watercourses and ditch rights {including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property ") located in Cumberland County, Commonwealth of Pennsylvania: See Exhibit "A ", which is attached to this Mortgage and made a part of this Mortgage as if fully set forth herein. The Real Propertv or its address Is commonly known as 126 North Enola Drive, Enola, PA 17025. The eat Property parcel identification number is 09 -14 -0832 -231. THIS MORTGAGE, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THIS MORTGAGE, THIS MORTGAGE IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PAYMENT AND PERFORMANCE. Except as otherwise provided in this Mortgage, Grantor shall pay to Lender all amounts secured by this Mortgage as they become due and shall strictly perform all of Grantor's obligations under this Mortgage. POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession and use of the Property shall be governed by the following provisions: Possession and Use. Until the occurrence of an Event of Default, Grantor may (1) remain in possession and control of the Property; (2) use, operate or manage the Property; and 13) collect the Rents from the Property. Duty to Maintain. Grantor shelf maintain the Property In good condition and promptly perform all repairs, replacements, and maintenance necessary to preserve its value. EXHIBIT + MORTGAGE Loan No: 400217855 (Continued) Page 2 Hazardous Substances. Grantor represents and warrants that the Property never has been, and never will be so long as this Mortgage remains a lien on the Property, used for the generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance in violation of any Environmental Laws. Grantor authorizes Lender and Its agents to enter upon the Property to make such inspections and tests as Lender may deem appropriate to determine compliance of the Property with this section of the Mortgage. Grantor hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event Grantor becomes liable for cleanup or other costs under any such laws, and (2) agrees to indemnity, defend, and hold harmless Lender against any and all claims and losses resulting from a breach of this paragraph of the Mortgage. This obligation to indemnify and defend shall survive the payment of the Indebtedness and the satisfaction of this Mortgage. DUE ON SALE - CONSENT BY LENDER. Lender may, at Lender's option, declare immediately due and payable all sums secured by this Mortgage upon the sale or transfer, without Lender's prior written consent, of all or any part of the Real Property, or any Interest_ in the Real Property. A "sale or transfer" means the conveyance of Real Property or any right, title or Interest in the Real Property; whether legal, beneficial or equitable; whether voluntary or involuntary; whether by outright sale, deed, Installment sale . contract, land contract, contract for deed, leasehold Interest with a term greater than three (3) years, lease - option contract, or by sale, assignment, or transfer of any beneficial interest in or to any land trust holding tide to the Real Property, or, by any other method of conveyance of an interest in the Real Property. However, this option shall not be exercised by Lender if such exercise is prohibited by federal law or by Pennsylvania law. TAXES AND UENS. The following provisions relating to the taxes and liens on the Property are part of this Mortgage: Payment. Grantor shall pay when due (and in all events prior to delinquency) ell taxes, payroll taxes, special taxes, assessments, water charges and sewer service charges levied against or on account of the Property, and shall pay when due all claims for work done on or for services rendered or material famished m r shall the Property, Granto maintain the Property free of any liens having priority over or equal to the Interest of Lender under this Mortgage, except for those liens specifically agreed to In writing by Lender, end except for the Dian of taxes and assessments not due and except as otherwise provided in this Mortgage. PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Mortgage: Maintenance of Insurance. Grantor shall procure and maintain policies of fire insurance with standard extended coverage endorsements on a replacement basis for the full insurable value covering all Improvements l on the Rea Property in an amount sufficient to avoid application of any coinsurance clause, and with a standard mortgagee clause In favor of Lender. Policies shall be written by such insurance companies and In such form as may be reasonably acceptable to Lender. Grantor shall deliver to Lender certificates of coverage from each insurer containing a stipulation that coverage will not be cancelled or diminished without a minimum of ten (10) days' prior written notice to Lander and not containing any disclaimer of the insurer's liability for failure to give such notice. Each insurance *policy also shall include an endorsement providing that coverage in favor of Lender will not be impaired in any way by any act, omission or default of Grantor or any other person. Should the Real Property be located in an area designated by the Director of the Federal Emergency Management Agency as a special flood hazard area, Grantor agrees to obtain and maintain Federal Flood Insurance, if available, within 45 days after notice is given by Lender that the Property Is located in a special flood hazard area, for the full unpaid principal balanc the b e of an and any prior liens on the property securing the loan, up to the maximum policy limits set under the National Flood Insurance Program, or as otherwise required by Lender, and to maintain such insurance for the term of the loan. Tax and Insurance Reserves. Upon request by Lender and subject to applicable law, Grantor shall pay to Lender each month on the day payments are due under the Note until the Note is paid in full, a sum ( "Escrow Funds "I equal to one - twelfth of (a) all annual taxes, special taxes, assessments, water charges and sewer service charges levied against or on account of the Property and (bl annual premiums for policies of fire Insurance with all risks standard extended coverage required under this Mortgage ( "Escrow Items "). Lender may estimate the amount of Escrow Funds on the basis of current data and a reasonable estimate of future Escrow Items. All Escrow Funds shall be held by Lender and applied to pay the Escrow Items when due. Lender will not charge for holding and applying the Escrow Funds, analyzing the account, or verifying the Escrow Items, unless Lender pays Grantor Interest on the Escrow Funds and applicable law permits Lender to make such a charge. Grantor and Lender may agree in writing that interest shall be paid on the Escrow Funds. Unless an agreement is made or applicable law requires interest to be paid, Lender shall not be required to pay Grantor any interest or earnings on the Escrow Funds. The Escrow Funds are pledged as additional security for the amounts secured by this Mortgage. If the amount of the Escrow Funds held by Lender, together with the future monthly payments of Escrow Funds prior to the due dates of the Escrow Items, shall exceed the amount required to pay the Escrow items when due, the excess shall be, at Grantor option, either promptly repaid to Grantor or credited to Grantor in scheduled payments of Escrow Funds. If the amount of the Escrow Funds held by Lender is not sufficient to pay the Escrow Items when due, Grantor shall pay to Lender any amount necessary to make up the deficiency in 0 ne or more payments MORTGAGE Loan No: 400217855 (Continued) Page 3 as required by Lender. Lender's Expenditures. If Grantor tails 11) to keep the Property free of all taxes, liens, security interests, encumbrances, and other claims, (2) to provide any required Insurance on the Property, or (3) to make repairs to the Property then Lender may do so. If any action or proceeding is commenced that would materially affect Lender's interests In the Property, then Lender on Grantor's behalf may, but is not required to, take any action that Lender believes to be appropriate to protect Lender's interests. All expenses incurred or paid by Lender for such purposes will then bear Interest at the rate charged under the Note from the date Incurred or paid by Lender to the date of repayment by Grantor. All such expenses will become a part of the Indebtedness and, at Lender's option, will (1) be payable on demand; (2) be added to the balance of the Note and be apportioned among and be payable with any installment payments to become due during either ta) the term of any applicable Insurance policy; or (b) the remaining term of the Note; or. (3) be treated as a balloon payment which will be due end payable at the Note's maturity. Grantor's obligation to Lender for all such expenses shell survive the entry of any mortgage foreclosure judgment. Warr", Defense of Title. The following provisions relating to ownership of the Property are a part of this Mortgage: Tide. Grantor warrants that: (a) Grantor holds good and marketable title of record to the Property In fee simple, free and clear of all liens and encumbrances other than those set forth In the Real Property description or In any title insurance policy, title report, or final title opinion issued in favor of, and accepted by, Lender in connection with this Mortgage, and (b) Grantor has the full right, power, and authority to execute and deliver this Mortgage to Lender. Defense of Title. Subject to the exception in the paragraph above, Grantor warrants and will forever defend the title to the Property against the lawful claims of all persons. Full Performance. If Grantor pays all the Indebtedness when due, and otherwise performs all the obligations imposed upon Grantor under this Mortgage, Lender shall execute and deliver to Grantor a suitable satisfaction of this Mortgage and suitable statements of termination of any financing statement on file evidencing Lender's security interest in the Rents and the Personal Property. Grantor will pay, if permitted by applicable law, any reasonable termination fee as determined by Lander from time to time. Events of Default. At Lender's option, Grantor will be In default under this Mortgage if any of the following happen: Payment Default. Grantor fails to make any payment when due under the Indebtedness. Default on Other Payments. Failure of Grantor within the time required by this Mortgage to make any payment for taxes or Insurance, or any other payment necessary to prevent filing of or to effect discharge of any lien. Break Other Promises. Grantor breaks any promise made to Lender or fails to perform promptly at the time and strictly in the manner provided in this Mortgage or In any agreement related to this Mortgage. Default In Favor of Third Parties. Should Grantor default under any loan, extension of credit, security agreement, purchase or sales agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of Grantor's property or Grantor's ability to repay the Indebtedness or Grantor's ability to perform Grantor's obligations under this Mortgage or any related document. Dearth or Insolvency. The death of Grantor, the insolvency of Grantor, the appointment of a receiver for any part of Grantor's property, any assignment for the benefit of creditors, any type of credltor workout, or the commencement of any proceeding under any bankruptcy or Insolvency laws by or against Grantor. Breach of Other Agreement. Any breach by Grantor under the terms of any other agreement between Grantor and Lender that is not remedied within any grace period provided therein, including without limitation any agreement concerning any indebtedness or other obligation of Grantor to Lender, whether existing now or later. Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party of any of the Indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness. Insecurity. Lender in good faith believes itself insecure. Right to Cure. If any default, other than a default in payment is curable and if Grantor has not been given a notice of a breach of the same provision of this Mortgage within the preceding twelve (12) months, it may be cured If Grantor, after Lender sends written notice to Grantor demanding cure of such default: (a) cures the default within fifteen (15) days: or ib) if the cure requires more than fifteen (15) days, Immediately initiates MORTGAGE Loan 'No: 400217855 (Continued) Page 4 steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. Rights and Remedies on Default. Upon the occurrence of an Event of Default and at any time thereafter, Lender, at Lender's option, may exercise any one or more of the following rights and remedies, in addition to any other rights or remedies provided by law: Accelerate Indebtedness. Lender shall have the right at its option, after giving such notices as required by applicable law, to declare the entire Indebtedness immediately due and payable. UCC Remedies. With respect to all or any part of the Personal Property, Lender shall have all the rights and remedies of a secured party under the Uniform Commercial Code, Judicial Foreclosure. Lender may obtain a judicial decree foreclosing Grantor's interest in all or any part of the Property. Nor*4clal Sale. If permitted by applicable law, Lander may foreclose Grantor's interest in all or in any part of the Personal Property or the Real Property by non - judicial sale. Other Remedies. Lender shall have all other rights and remedies provided in this Mortgage or the Note or available at law or in equity. Sale of the Property. To the extent permitted by applicable law, Grantor hereby waives any and all right to have the Property marshalled. In exercising its rights and remedies, Lender shall be free to sell all or any part of the Property together or separately, In one sale or by separate sales. Lender shall be entitled to bid at any public sale on all or any portion of the Property. Election of Remedies. All of Lender's rights and remedies will be cumulative and may be exercised alone or together. An election by Lender to choose any one remedy will not bar Lender from using any other remedy. If tender decides to spend money or to perform any of Grantor's obligations under this Mortgage, after Grantor's failure to do so, that decision by Lender will not affect Lender's right to declare Grantor In default and to exercise Lender's remedies. Attorneys' Few: Expenses. if Lender institutes any suit or action to enforce any of the terms of this Mortgage, Lender shall be entitled to recover such sum as the court may adjudge reasonable er attorneys' fees at Vial and upon any appeal. Whether or not any court action is involved, and to the extant not prohibited by law, all reasonable expenses Lender incurs that in Lender's opinion are necessary at any time for the protection of its Interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph include, without limitation, however subject to any limits under applicable law, Lender's reasonable attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit, including reasonable attorneys' fees and expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or Injunction), appeals, and any anticipated post- judgment collection services, the cost of searching records, obtaining title reports (including foreclosure reports), surveyors' reports, and appraisal fees and title Insurance, to the extent permitted by applicable law. Grantor also will pay any court costs, in addition to all other sums provided by law. Miscellaneous Provisions, The following miscellaneous provisions are a part of this Mortgage: Governing Lew. This Mortgage will be governed by federal law applicable to Lender and. to the extent net preempted by federal low. the laws of the CommonweaM of Pennsylvania without regard to its conflicts of law provisions. This Mortgage has been accepted by Lender in the Commonwealth of pennsylvania. Tame Is of the Essence. Time Is of the essence in the performance of this Mortgage. Definitions. The following words shall have the following meanings when used in this Mortgage: Borrower. The word 'Borrower" means Douglas P. Fesler and includes all co- signers and co- makers signing the Note and all their successors and assigns. Environmental Laws. The words " Environmentaf Laws" mean any and all state, federal and local statutes, regulations and ordinances relating to the protection of human health or the environment, including without limitation the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, at seq. ( "CERCLA "), the Superfund Amendments and Reauthorization Act of 1986, Pub. L. No. 99-499 ( "SARA'), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, at seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, at seq., or other applicable state or federal laws, rules, or regulations adopted pursuant thereto. Event of Default. The words 'Event of Default" mean any of the events of default set forth in this Mortgage in the events of default section of this Mortgage. J MORTGAGE Loan No: 400217855 (Continued) Page 5 Grantor. The word "Grantor" means Douglas P. Feeler. Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation party to Lender, including without limitation a guaranty of all or part of the Note. Indebtedness. The word "Indebtedness" means all principal, Interest, and other amounts, costs and expenses payable under the Note or Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and substitutions for the Note or Related Documents and any amounts expended or advanced by Lender to discharge Grantor's obligations or expenses incurred by Lender to enforce Grantor's obligations under this Mortgage, together with interest on such amounts as provided In this Mortgage. Lender. The word 'Lender" means METRO BANK, its successors and assigns. The words "successors or assigns" mean any person or company that acquires any interest In the Note. Mortgage. The word "Mortgage" means this Mortgage between Grantor and Lender. Note. The word "Note" means the promissory note dated November 16, 2008 in the original principal amount of $30 ,000.00 from Grantor to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for the promissory note or agreement. NOTICE TO GRANTOR: THE NOTE CONTAINS A VARIABLE INTEREST RATE. Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal property now or hereafter owned by Grantor, and now or hereafter attached or affixed to the Real Property; together with all accessions, parts, and additions to, all replacements of, and all substitutions for, any of such property; and together with all proceeds (including without limitation all insurance proceeds and refunds of premiums) from any sale or other disposition of the Property. Property. The word "Property" means collectively the Real Property and the Personal Property. Real Property. The words 'Real Property" mean the real property, interests and rights, as further described in this Mortgage. Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages,.and all other instruments, agreements and documents, whether now or hereafter existing, executed In connection with the Indebtedness. Rents. The word "Rents" means all present and future rents, revenues, income, issues, royalties, profits, and other benefits derived from the Property. GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MORTGAGE, AND GRANTOR AGREES TO ITS TERMS. THIS MORTGAGE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS MORTGAGE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. GRANTOR: , _•,�,� .�. r •(Seel) Dounlaq a^ 1 CERTIFICATE OF RESIDENCE 1 hereby certify, that the precise address of the mortgagee, METRO BANK, herein is as follows: CARLISLE, 65 ASHLAND AVENUE, CARLISLE. PA 17013 --- xiiornsyr or Agent for Mortgagee Loan No: 400217855 MORTGAGE (Continued) Page 6 INDIVIDUAL ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA JIBS COUNTY OF [ °'•!.? 'v'`•: On this, the day of ;�LV• 20 r C., � , before me -i ��._,.n ,�; r' ,the underslgned Notary Public, personally appeared Douglas P. Feslar, known to me or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he or she executed the same for the purposes therein contained. In witness whereof. I hereunto set my hand and official seal. (� Notary Public in and for the State of LASER PRO Lending, ver. 5.46.00.003 Copr. Harland Financial Solutions, Inc. 1997, All Rights Reserved. - PA S:%CF11LPL%G03.FC TR -30062 PR -74 i �.. e E EXHIBIT A ALL THAT CERTAIN PIECE OR PARCEL OF LAND SITUATE IN EAST PENNSBORO TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT IN THE EASTERN LINE OF NORTH ENOLA DRIVE, FORMERLY CALLED SUMMIT ROAD, SAID POINT BEING 213..376 PEET MEASURED SOUTHWESTWARDLY ALONG THE EASTERN LINE OF NORTH ENOLA DRIVE FROM THE WESTERN EXTREMITY OF THE ARC OR CURVE WITH A RADIUS OF 13.546 FEET, CONNECTING THE EASTERLY LINE; OF NORTH ENOLA DRIVE WITH THE WESTERLY LINE OF ALTOONA AVENUE; THENCE SOUTH 63 DEGREES 28 MINUTES 22 SECONDS EAST 102,921 FEET TO A POINT, THENCE SOUTH 11 DEGREES 17 MINUTES 11 SECONDS WEST 19 FEET TO A POINT; THENCE WESTWARDLY THROUGH THE CENTER LINE OF THE PARTITION WALL DIVIDING PROPERTIES KNOWN AS NUMBER 124 AND NUMBER 126 NORTH ENOLA DRIVE AND BEYOND, 105 FEET,', MORE OR LESS, TO A POINT IN THE EASTERN LINE OF NORTH ENOLA DRIVE; THENCE NORTHWARDLY ALONG THE EASTERN LINE OF NORTH ENOLA DRIVE, CURVING TOWARD THE EAST WITH A RADIUS OF 302 FEET, 29 FEET, MORE OR LESS, TO A POINT, THE PLACE OF BEGINNING. Permanent Parcel Number: 09 - 14 -0832 -231 DOUGLAS P. FESLER 126 NORTH ENOLA DRIVE, ENOLA PA 17025 Loan Reference Number 15432/111 First American Order No: 41336655 Identifier: L /FIRST AMERICAN EQUITY LOAN SERVICES MET 13aZ.11 P. -PI r q BANK F:%+ roliu`gw -PA 17i - j 1 Ir1 1r 21 r�!;f . November 26, 2013 DOUGLAS P FESLER 311 ALLEN ST CARLISLE PA 17013 VIA REGULAR AND CERTIFIED MAIL, RETURN RECEIPT REQUESTED NOTICE OF INTENTION TO Fop ,ECLOSE MORTGAGE The MORTGAGE held by Metro Bank (hereinafter we, us, or ours) on your property located at 126 n Enola Drive Enola pA 170 25 IS IN SERIOUS DEFAULT [because you have not made the monthly payments of $277.98 for the months of September, October and November and/or because Late charges and other charges have also accrued to this date in the amount of $83,40. 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 $917.34. You may cure this default within THIRTY (30) DAYS of the date of this letter, by paying to us the above amount of $91734, plus any additional monthly payments and late charges which may fall due during this period. Such payment must be made either by cash, cashier's check, certified check or money order, and made at Metro Bank 3 801 Paxton Street P.O. Box 4999 Harrisburg, PA 17111 -0999 Attn: BEVERLY B QUIGLEY If you do not cure the default within THIRTY (30) DAYS, we intend to exercise our right to accelerate the mortgage payments. This means that whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to pay off the original mortgage in monthly installments. If full payment of the amount of default is not made within THIRTY (30) DAYS, we also intend to instruct our attorneys to start a lawsuit to foreclose your mort a ed rop e 1 the mortgage is foreclosed your mortgaged property will be sold b the Sheriff to g g off h ce rt f If we refer your case to our attorneys, but you cure the default before they egingal proceed in e gga nnst you, you will still have to pay the reasonable attorney's 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 ExH1e1r a a 3 attorney's 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 Sheriff s 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's fees and costs connected with the foreclosure sale [and perform any other requirements under the mortgage]. It is estimated that the earliest date that such a Sheriffs sale could be held would be approximately 6 months. 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 contacting the followdng: BEVERLY B QUIGLEY, 717412 -6893. 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 mortgaged 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 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. [YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE TO A BUYER OR TRANSFEREE WHO WILL ASSUME THE MORTGAGE DEBT, PROVIDED THAT ALL THE OUTSTANDING PAYMENTS, CHARGES AND ATTORNEY'S FEES AND COSTS ARE PAID PRIOR TO OR AT THE SALE, [AND THAT THE OTHER REQUIREMENTS UNDER THE MORTGAGE ARE SATISFIED]. CONTACT US TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT EXIST]. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. If you cure the default, the mortgage will be restored to the same position as if no default had occurred. However, you are not entitled to this right to cure your default more than three times in any calendar year. I I i i I arse rrao seszo� ODOUN umm Comma vm kou+9eu wzj Sd 429E 2TTh TOOO BSOE 2104 °tW M= p new pin p memo pwwobu Q nm p new POMOO V Y ON p eeaVP kgM %q pm p U W9VWD4 Gl c Wuued emft A Waq ma uo m i41 ^0 fir / Aa f '� .* mR lo TM MR o3 pjw GIRD qmw ■ of pmo ma wniiu u80 em 04 09 swnei 041 uo seQpp pus eumu ";uud . • e8tl p •M-mp et Amm pommmm A 0 uiq OeNTP!!s'Z't" . I METRO BANK, JN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNA V NO. DOUGLAS P. FESLER, DEFENDANT : CIVIL ACTION — LAW VERIFICATION I, David M. Chajkowski, of Metro Bank depose and say subject to the penalties of 18 Pa.C.S.A., sec.4904 relating to unsworn falsification to authorities that the facts set forth in the foregoing pleading are true and correct to the best of my information, knowledge and belief. By David M. Chajkowski Date: �!� U' t \ L i H 0 hi FJ Til E Metro Bank, CUMBER ` f JP r Plaintiff IN THE COU(T� EAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. Douglas P. Fesler, Defendant /r" �(`7 Civil NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in a court- supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer, you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717) 243 -9400 extension 2510 or (800) 822 -5288 extension 2510 and request an appointment of a legal representative at no charge to you. Once you have been appointed a legal representative, you must promptly meet with that representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all the 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 the conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of 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 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. i IF YOU WISH TO SAVE YOUR HOME, YOU MUST AC QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS F E: Respec 11 :su t d: � By. . Date Scott A. D e ' , - squire PA LD. # Y5 50 Kathryn L. Mason, Esquire PA LD #306779 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533 -3280 Metro Bank, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. Douglas P. Fesler, Defendant Civil REQUEST FOR CONCILIATION CONFERENCE Pursuant to the Administrative Order dated , governing the Cumberland County Residential Mortgage Foreclosure Diversion Program, the undersigned hereby certifies as follows: 1. Defendant is the owner of the property which is the subject of the mortgage foreclosure action; 2. Defendant lives in the subject real property, which is the 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 the 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 false statements are made subject to 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 Metro Bank, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. Douglas P. Fesler, Defendant Civil CASE MANAGEMENT ORDER AND NOW, this day of , 2014, 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 scheduling 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 Court House, 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 the service of the completed Form 2 is to be made may be expected. Upon notice to the Court of the defendant/borrower's failure to serve the completed Form 2 within the timeframe set forth herein or such other date as agreed upon by parties in writing or ordered by the Court, the case shall be removed from the Conciliation Conference schedule and the temporary stay of proceeding shall be terminated. 3. The defendantiborrower 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 moths; 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. 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: CUSTOM 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? Mailing Address: City: State: Zip: Phone Numbers: Home: 'Office: Cell: Other: Email: # of people in household: How long? FINANCIAL INFOIZMATION 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 & 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: Assets 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. 2. 3. 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 paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2 nd 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 Su ordAlim. SRending Mone Da /Child Care/Tuit. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income & 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: 2 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? Yes ❑ No ❑ If yes, please indicate the status of those negotiations: Please provide the following information, if know, regarding your lender or lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: AUTHORIZATION fie, , 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 Co- Borrower .Signature Date Please forward this document along with the following information to lender and lender's counsel: Proof of income V Past ,2 bank statements Proof of any expected income for the last 45 days Copy of a current utility bill Letter explaining reason for delinquency and any supporting documentation 1 (hardship letter) V Listing agreement (if property is currently on the market) 3 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ,t! a RO v, tsSa,of ifiti r'id Jody S Smith t LI 1 12 PH 2- . Chief Deputy Richard W Stewart f��JM RL Cuu T i Solicitor - . .._ �9 REF. ptriri LVr4.1 Metro Bank vs. Case Number Douglas Fesler 2014-1364 SHERIFF'S RETURN OF SERVICE 03/07/2014 09:30 AM- Corporal William Cline served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by"personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Douglas Fesler at the C berland County Sheriffs Office, One Courthouse Square, Carlisle, PA 17013. LAM CLINE, DEPU SHERIFF COST: $35.27 SO ANSWERS, March 07, 2014 RONIV ANDERSON, SHERIFF Scott A. Dietterick, Esquire PA I.D. #55650 Kathryn L. Mason, Esquire PA I.D. #306779 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 Attorneys for Plaintiff METRO BANK, PLAINTIFF V OF THE PROTHOtiO T Ari i 201414AY_15 P .3 5 CUMBERLAND COUN T ' PENNSYLVANIA :IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA • : NO. 14 -1364 -CIVIL TERM DOUGLAS P. FESLER, DEFENDANT : CIVIL ACTION — LAW IMPORTANT NOTICE TO: DOUGLAS P. FESLER 311 Allen Street 'Carlisle, PA 17013 DATE OF NOTICE: May 16, 2014 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 NOTICE 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. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (717) 249-3166 (800) 990-9108 4 METRO BANK, :IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNA V DOUGLAS P. FESLER, : NO. 14 -1364 -CIVIL TERM DEFENDANT : CIVIL ACTION — LAW AVISO IMPORTANTE A. DOUGLAS P. FESLER FECHA DEL AVISO: MAY 16, 2014 USTED ESTA EN REBELDIA PORQUE HA FALLADO DE TOMAR LA ACCION REQUERIDA EN ESTE CASO. A MENOS QUE USTED TOME ACCION DENTRO DE LOS PROXIMOS DIEZ (10) DIAS DE LA FECHA DE ESTE AVISO, SE PUEDE DICTAR UN FALLO EN CONTRA SUYA SIN LLEVARSE A CABO UNA VISTA Y USTED PUEDE PERDER SU PROPIEDAD Y OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE DOCUMENTO INMEDIATAMENTE A SU ABOGADO. SI USTED NO TIENTE UN ABOGADO 0 NO PUEDE PAGAR UNO, VAYA 0 LLAME LA OFICINA ABAJO INDICADA PARA QUE LE INFORMEN DONDE PUEDE CONSEQUIR AYUDA LEGAL. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE DATE: May 16, 2014 Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (717) 249- 66 (800) 990-9 118 JSDC L' W 1I ' ES Scot A. Dietterick, Esquire PA I.D. #55650 Kathryn L. Mason, Esquire PA I.D. #306779 P.O. Box 650 Hershey, PA 17033 FIRST CLASS U.S. MAIL, POSTAGE PREPAID (717) 533-3280 Attorneys for Plaintiff BY: Scott A. Dietterick, Esquire PA I.D. #55650 Kathryn L. Mason, Esquire PA I.D. #306779 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 Attorneys for Plaintiff METRO BANK; PLAINTIFF v DOUGLAS P. FESLER, DEFENDANT E IT'ROTH(ON 0 iT, 311 JUN 18 1111 : [ 3 CUMBERLAND COUNTY PENNSYLVANIA :IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA : NO. 14 -1364 -CIVIL TERM • : CIVIL ACTION — LAW PRAECIPE TO SETTLE AND DISCONTINUE TO THE PROTHONOTARY: KINDLY mark the above -captioned matter as Settled Date: June 10, 2014 and continued. JSDC LAW O' '� 0 Al WI ott� Dietterick, ire PA I.D. #55650 Kathryn L. Mason, Esquire PA I.D. #306779 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 Attorneys for Plaintiff BY: