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HomeMy WebLinkAbout14-1477Supreme Cout ofltennsylvania Courtyoff+Commo`Pleas Civil Cover Sheet CUMBERLAND vcf County For Prothonotary Use Only: Petition Declaration of Taking Docket No: J The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: Petition Declaration of Taking Complaint 0 Writ of Summons 0 0 Transfer from Another Jurisdiction 0 Lead Plaintiff's Name: Metro Bank f /k/a Commerce Bank / Harrisburg, N.A. Lead Defendant's Name: Kenneth W. Heiser and M. Lucinda Heiser, Individually a Are money damages requested? Yes 0 No Dollar Amount Requested: within arbitration limits (check one) Doutside arbitration limits Is this a Class Action Suit? 0 Yes No Is this an MDJAppeal? 0 Yes I No Name of Plaintiff /Appellant's Attorney: Marc A. Hess, Esquire a Self-Represented [Pro Sel Litigant) S Check here if you have no attorney (are 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) Intentional Malicious Prosecution 0 Motor Vehicle O Nuisance O Premises Liability Product Liability (does not include mass tort) Slander/Libel/ Defamation El Other: MASS TORT Asbestos O Tobacco Toxic Tort - DES Toxic Tort - Implant Toxic Waste O Other: PROFESSIONAL LIABLITY Dental Legal Medical O Other Professional: CONTRACT (do not include Judgments) Buyer Plaintiff Debt Collection: Credit Card Debt Collection: Other Employment Dispute: Discrimination Employment Dispute: Other O Other: REAL PROPERTY Ejectment Eminent Domain /Condemnation O Ground Rent O Landlord/Tenant Dispute Mortgage Foreclosure: Residential Mortgage Foreclosure: Commercial Partition O Quiet Title O Other: CIVIL APPEALS Administrative Agencies 13 Board of Assessment O Board of Elections O Dept. of Transportation Statutory Appeal: Other Zoning Board Other: MISCELLANEOUS Common Law /Statutory Arbitration 0 Declaratory Judgment Mandamus Non - Domestic Relations Restraining Order Quo Warranto plevin Other: u Updated 1/1/2011 4.• Pi;r0 ti 3 7A 1' 77 I3 /Q: 29 CUP..11:3 t\IAND COUNTY PEN16 VANIA HENRY & BEAVER LLP By: Marc A. Hess Identification No. 55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 METRO BANK f/k/a COMMERCE : IN THE COURT OF COMMON PLEAS BANK / HARRISBURG, : CUMBERLAND COUNTY, P NNSYLVANIA Plaintiff : CIVIL ACTION - LAW VS. No. )(-1 ILfll KENNETH W. HEISER and M. LUCINDA HEISER, Individually : and Jointly, and KENNETH W. HEISER : d/b/a YELLOW BREACHES BOX COMPANY, Defendants NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money 6/03 7Spia4' CY--4 73°S 7 t:sD9e56 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 INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717) 249 -3166 or (800) 990 -9108 AVISO Le han demandado a usted en el tibunal. Si usted quiere defenderse de las demandas expuestas en las paginas siguientes, usted debe tomar accion en el plaza de veinte (20) dias a partir de la fecha en que se le hizo entrega de la demanda y la notificacion, al interponer una comparecencia escrita, en persona o por un abogado y registrando por escrito en el tribunal sus defensas o sus objeciones a las demandas en contra de su persona. Se le advierte que si usted no lo hace, el caso puede proceder sin usted y podria dictarse un fallo por el juez en contra suya sin notificacion adicional y podria ser por cualquier dinero reclamado en la demanda o por cualquier otro reclamo 0 desagravio en la demanda solicitado por el demandante, Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. USTED DEBE LLEVARLE ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO 0 NO PUEDE CORRER CON LOS GASTOS DE UNO, VAYA 0 LLAME POR TELEFONE A LA OFICINA EXPUESTA ABAJO. ESTA OFICINA PUEDE POVEERLE INFORMACION RESPECTO A COMO CONTRATAR A UN ABOGADO. SI NO PUEDE CORRER CON LOS GASTOS PARA CONTRATAR A UN ABOGADO, ESTA OFICINA PUDIERA PROVEERLE INFORMACION RESPECTO A INSTITUCIONES QUE PUEDA OFRECER SERVICIOS LEGALES A PERONAS QUE CALIFICAN PAR LA REDUCCION DE HONORARIOS 0 QUE NO TENGAN QUE PAGAR HONORARIOS. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717) 249 -3166 or (800) 990 -9108 HENRY & BEAVER LLP By: Marc A. Hess Identification No. 55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 METRO BANK f/k/a COMMERCE : IN THE COURT OF COMMON PLEAS BANK / HARRISBURG, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : CIVIL ACTION - LAW vs. : No. KENNETH W. HEISER and M. LUCINDA HEISER, Individually : and Jointly, and KENNETH W. HEISER : d/b/a YELLOW BREACHES BOX COMPANY, Defendants COMPLAINT TO CONFORM CONFESSED JUDGMENT 1. This is an action pursuant to Pennsylvania Rule of Civil Procedure Rule 2981, et seq., to conform a confessed judgment. 2. The Plaintiff is Metro Bank f/k/a Commerce Bank / Harrisburg, with an office located 3801 Paxton Street, Harrisburg, Pennsylvania 17111. 3. The Defendants Kenneth W. Heiser and M. Lucinda Heiser, individually and jointly, and Kenneth W. Heiser d/b/a Yellow Breaches Box Company, are adult individuals last known to reside at 1000 Sandbank Road, Mount Holly Springs, Cumberland County, Pennsylvania 17035. 4. On or about November 23, 2011, Plaintiff made a loan to Coyle Lumber and Millwork, Inc. in the original principal amount of Forty-Five Thousand Dollars ($45,000.00) which was unconditionally guaranteed by the Defendants pursuant to the terms of their Commercial Guarantees (the "Guarantees") upon which judgment was confessed to No. 14-840 Civil in the Court of Common Pleas of Cumberland County, Pennsylvania on February 14, 2014 (the "Confessed Judgment"). 5. The Confessed Judgment was entered in the amount of: Principal Sum Due - Interest to 12/13/2013 - Late Fees to 12/13/2013 - Attorney's Commission (10% of unpaid principal and interest) - Total - $ 43,007.23 1,738.56 374.15 4,474.58 $ 49,594.52 Together with interest which continues to accrue at the contract rate after December 13, 2013 and after entry of judgment and until paid in full ($7.658821 per diem), additional late fees as may accrue at the contract rate, additional and reasonable attorney's fees as may be incurred, all amounts expended or advanced by Plaintiff relating to the collateral, together with costs of suit, execution and levy. 6. The Guarantees of Defendants Kenneth W. Heiser and M. Lucinda Heiser are secured by Mortgages in and upon the following real properties: a. 1000 Sandbank Road, Mount Holly Springs, Cumberland County, Pennsylvania 17065; - 2 - b. 830 North West Street, Carlisle, Cumberland County, Pennsylvania 17013. c. 220-231 East York Road, Carlisle, Cumberland County, Pennsylvania 17013. 7. Attached hereto and incorporated herein collectively as Exhibit "A" are the copies of the notices required by Section 403-C of Pennsylvania Act No. 6 of 1974 (41 P.S. §403), which were mailed to the Defendants on or about October 11, 2013 and October 15, 2013. 8. The current amount due on said obligation is as follows: Principal Sum Due - Interest to 2/28/2014 - Late Fees to 2/28/2014 - Attorney's Commission (10% of unpaid principal and interest) - Total- $ 43,007.23 2,328.29 479.48 4,581.50 $ 50,396.50 Together with interest which continues to accrue at the contract rate after February 28, 2014 and after entry of judgment and until paid in full ($7.658821 per diem), additional late fees as may accrue at the contract rate, additional and reasonable attorney's fees as may be incurred, all amounts expended or advanced by Plaintiff relating to the collateral, together with costs of suit, execution and levy. WHEREFORE, the Plaintiff, Metro Bank f/k/a Commerce Bank / Harrisburg, s requests your Honorable Court to enter judgment in its favor and against the Defendants, Kenneth W. Heiser and M. Lucinda Heiser, individually and jointly, and Kenneth W. Heiser d/b/a Yellow Breaches Box Company, in the amount of: Principal Sum Due - Interest to 2/28/2014 - Late Fees to 2/28/2014 - Attorney's Commission`(10% of unpaid principal and interest) - Total - $ 43,007.23 2,328.29 479.48 4,581.50 $ 50,396.50 Together with interest which continues to accrue at the contract rate after February 28, 2014 and after entry of judgment and until paid in full ($7.658821 per diem), additional late fees as may accrue at the contract rate, additional and reasonable attorney's fees as may be incurred, all amounts expended or advanced by Plaintiff relating to the collateral, together with costs of suit, execution and levy, and further, to conform the Confessed Judgment entered to No. 14-840 in the Court of Common Pleas of Cumberland County, Pennsylvania to the amount of the judgment entered in this action and to merge the judgment in this action with the Confessed Judgment. HENRY & BEAVER LLP By: MARC A. HE I.D. #55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140' (717) 274-3644 Attorney for Plaintiff METRO BANK f/k/a COMMERCE : IN THE COURT OF COMMON PLEAS BANK / HARRISBURG, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : CIVIL ACTION - LAW vs. : No. KENNETH W. HEISER and M. LUCINDA HEISER, Individually : and Jointly, and KENNETH W. HEISER : d/b/a YELLOW BREACHES BOX COMPANY, Defendants VERIFICATION I, David M. Chajkowski, being duly affirmed according to law, depose and say that I am a Vice President - Asset Recovery Supervisor of Metro Bank, and that I am authorized to make this Verification on its behalf and that the facts set forth in the foregoing Complaint to Conform Confessed Judgment are true and correct to the best of my knowledge, information and belief. To the extent that any of the averments in the foregoing document are based upon the understanding or application of law, I have relied upon counsel in making this Verification. 1 understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. METRO BANK By: David M. Chajkowski Vice President Asset Recovery Supervisor METRO BANK f/k/a COMMERCE : IN THE COURT OF COMMON PLEAS BANK / HARRISBURG, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : CIVIL ACTION - LAW vs. : No. KENNETH W. HEISER and M. LUCINDA HEISER, Individually : and Jointly, and KENNETH W. HEISER : d/b/a YELLOW BREACHES BOX COMPANY, Defendants AFFIDAVIT AS TO NON-MILITARY SERVICE AND CERTIFICATION OF LAST KNOWN ADDRESS OF DEFENDANTS AND PLAINTIFF COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN : SS. Before me the undersigned authority, personally appeared Marc A. Hess of Henry & Beaver LLP, who being duly sworn according to law, deposes and says that upon reasonable investigation to the best of his knowledge and belief the Defendants are not in the active Military or Naval Service of the United States of America and that the last known address of said Defendants is as follows: 1000 Sandbank Road, Mount Holly Springs, Pennsylvania 17035. The address of the above Plaintiff is 3801 Paxton Street, Harrisburg, Pennsylvania 17111. HENIE ER By: Sworn to and subscribed to before me thi 1-0‘ day of AR HE I.D. #55774 Attorney for Plaintiff Notary Public NOTARIAL SEAL PATRICIA L YOUNG, NOTARY PUBLIC CITY OF LEBANON, LEBANON COUNTY MY COMMISSION EXPIRES DECEMBER 17, 2017 BANK October 10, 2013 e axon S!.r eei Ha-ristburg_ P.41. 17111 VIA REGULAR AND CERTIFIED MAIL, RETURN RECEIPT REQUESTED Certified Mail Receipt # 7012 3050 0001 4112 2142 Coyle Lumber & Millwork, Inc. Attention: Kenneth W. Heiser 231 E. Old York Rd. Carlisle, PA 17013 M. Lucinda Heiser 1000 SandbankRd. Mt. Holly Springs, PA 17065 ,' -nyrnetrobzn�s core Kenneth W. Heiser dba Yellow Breeches Box Company 1000 Sandbank Rd. Mt. Holly Springs, PA 17065 NOTICE OF INTENTION TO FORECLOSE MORTGAGE The MORTGAGE held by Metro Bank (hereinafter we, us, or ours) on your property located at 1000 Sandbank Rd., Mt. Holly Springs, PA 17065, IS IN SERIOUS DEFAULT [because you have not made the monthly payments of $700.18 for the months of April, May, June, July, August, September and October 2013. The total amount now required to cure this default, as of the date of this letter, is $44,559.76. You may cure this default within THIRTY (30) DAYS of the date of this letter, by paying to us the above amount of $ 44,559.76, 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 3801 Paxton Street P.O. Box 4999 Harrisburg, PA 17111 -0999 Attn: Asset Recovery If full payment of the amount of default is not made within THIRTY (30) DAYS, we intend to instruct our attorneys to start a lawsuit to foreclose your mortgaged property. If the mortgage is foreclosed your mortgaged property will be sold by the Sheriff to pay off the mortgage debt. 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 attorney's fees, actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's 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 EXHIBIT A 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. It is estimated that the earliest date that such a Sheriffs sale could be held would be approximately March 5, 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 contacting the following: Commercial Asset Recovery Specialist, Melissa Auman, 717 - 412 -6317. 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 TI :E 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. 0 1 6 iETRA BANK 3801 Paxton Street Harrisburg, PA 17111 7012 3050 0001 4112 2142 Kenneth W. Heiser 1000 Sandbank Rd. Mt. Holly Springs, PA 17065 ,-- XTE DE ' -11:0`0.-9 - R.ETURN TO SENDER ..1.114,CL AI MED UNAELE TO 'F'OR-WARD FIRST-CL, $06 ZiP 011DV: 'Ertl 171111.41801 *0519-04050-15-43 I it" I illq11.1111.11T110-11-1-1:1111.1411-1'111111,i dill did BANK October 10, 2013 S'seet Hz.i: isk_urg PA 17711 VIA REGULAR AND CERTIFIED MAIL, RETURN RECEIPT REQUESTED Certified Mail Receipt # 7012 3050 0001 4112 2135 Coyle Lumber & Millwork, Inc. Attention: Kenneth W. Heiser 231 E. Old York Rd. Carlisle, PA 17013 M. Lucinda Heiser 1000 SandbankRd. Mt. Holly Springs, PA 17065 irr,rmetrohznk: COM; Kenneth W. Heiser dba Yellow Breeches Box Company 1000 Sandbank Rd. Mt, Holly Springs, PA 17065 NOTICE OF INTENTION TO FORECLOSE MORTGAGE The MORTGAGE held by Metro Bank (hereinafter we, us, or ours) on your property located at 1000 Sandbank Rd., Mt. Holly Springs, PA 17065, IS IN SERIOUS DEFAULT [because you have not made the monthly payments of $700.18 for the months of April, May, June, July, August, September and October 2013. The total amount now required to cure this default, as of the date of this letter, is $44,559.76. You may cure this default within THIRTY (30) DAYS of the date of this letter, by paying to us the above amount of $ 44,559.76, 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 3801 Paxton Street P.O. Box 4999 Harrisburg, PA 17111 -0999 Attn: Asset Recovery If full payment of the amount of default is not made within THIRTY (30) DAYS, we intend to instruct our attorneys to start a lawsuit to foreclose your mortgaged property. If the mortgage is foreclosed your mortgaged property will be sold by the Sheriff to pay off the mortgage debt. 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 attorney's fees, actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's 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 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 Sheriffs foreclosure sale. It is estimated that the earliest date that such a Sheriffs sale could be held would be approximately March 5, 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 contacting the following: Commercial Asset Recovery Specialist, Melissa Auman, 717 - 412 -6317. 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 MORTGAG 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. 3801 Paxton Street Harrisburg, PA 17111 1 111 11 11 7012 3050 0001 4112 2135 -IVI. Lucinda Heiser 1000 Sandbank Rd. Mt. Holly Springs, PA 17065 Hasler 10/1 6i2n1 3 F1RST-CLASS $06.1 ZIP 1711 01 1D12601 NIXIE 176 '-,DE 1,004 .00:11., /434 [IS -RETURN TO SENDER UNCL AIMED UNABLE TO FORWARD 'ST:: 17111141501 *05 19-04075-15 43 BANK October 10, 2013 3801 Paxton Sfreef, Ha ri burg, PA 171 11 VIA REGULAR AND CERTIFIED MAIL, RETURN RECEIPT REQUESTED Certified Mail Receipt # 7012 3050 0001 4112 2296 Coyle Lumber & Millwork, Inc. Attention: Kenneth W. Heiser 231 E. Old York Rd. Carlisle, PA 17013 M. Lucinda Heiser 1000 SandbankRd. Mt. Holly Springs, PA 17065 888.937.00'34 rri..metrobant.c _cnrn Kenneth W. Heiser dba Yellow Breeches Box Company 1000 Sandbank Rd. Mt. Holly Springs, PA 17065 NOTICE OF INTENTION TO FORECLOSE MORTGAGE The MORTGAGE held by Metro Bank (hereinafter we, us, or ours) on your property located at 830 N. West St., Carlisle, PA 17013, IS IN SERIOUS DEFAULT [because you have not made the monthly payments of $700.18 for the months of April, May, June, July, August, September and October 2013. The total amount now required to cure this default, as of the date of this letter, is $44,559.76. You may cure this default within THIRTY (30) DAYS of the date of this letter, by paying to us the above amount of $ 44,559.76, 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 3801 Paxton Street P.O. Box 4999 Harrisburg, PA 17111 -0999 Attn: Asset Recovery If full payment of the amount of default is not made within THIRTY (30) DAYS, we intend to instruct our attorneys to start a lawsuit to foreclose your mortgaged property. If the mortgage is foreclosed your mortgaged property will be sold by the Sheriff to pay off the mortgage debt. 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 attorney's fees, actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's 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 attorneys 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. It is estimated that the earliest date that such a Sheriffs sale could be held would be approximately March 5, 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 contacting the following: Commercial Asset Recovery Specialist, Melissa Auman, 717 - 412 -6317. 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. BANK ETR BANK 3801 Paxton Street Harrisburg, PA 17111 Kenneth W. Heiser 830 North West St, Carlisle, PA 17013 7 1. 1 1 C4'1 4 1 1,-Ii::;;;Z: S NI XI RETURN SERVICE REQUESTED Hasler 10/111201'' REF F17"....];:r. CLASS lPiL AuTr, ZIP 17111 011D12601999 17 .ETUN TO SEDER P.TT F PTED - N T K N 0W N UNABLE TO F OR WAR D BC: 1 7 3- 1 1 1 4 1 8 1 *2 4 1 9 - 0 0 1 6 0 - 1 - 2 0 1. II I I WI 11 11 111 1 1 111 1 1 I 1 11111 1111 IL 7012 3050 0001 4112 2296 3801 Paxton Street Harrisburg, PA 17111 1 1 11 Hasler 10;15/2013 7012 3050 0001 4112 2296 Kenneth W. Heiser 830 North West St., Carlisle, PA 17013 NI XIE arP 6 RETURN TO ENDER NOT DELIVERAIL AS ADDRESSED UNABLE TO FORWARD FIRST-CI ASS MAIL $06.1 lc' ZIP 17111 011D126111999 B : 1711 114113 01 *0519-04052-15-43 /1111111111111/1101"1i111101111111/1111111110111111111111111 ET.R BAN K. October 10, 2013 38fJ 1 P on Street 868.937.00D4 Ha :rr :burr: , PA 17 111 rn tnetroban1K_o�r VIA REGULAR AND CERTIFIED MAIL, RETURN RECEIPT REQUESTED Certified Mail Receipt # 7012 3050 0001 4112 2289 Coyle Lumber & Millwork, Inc. Attention: Kenneth W. Heiser 231 E. Old York Rd. Carlisle, PA 17013 M. Lucinda Heiser 1000 SandbankRd. Mt. Holly Springs, PA 17065 Kenneth W. Heiser dba Yellow Breeches Box Company 1000 Sandbank Rd. Mt. Holly Springs, PA 17065 NOTICE OF INTENTION TO FORECLOSE MORTGAGE The MORTGAGE held by Metro Bank (hereinafter we, us, or ours) on your property located at 830 N. West St., Carlisle, PA 17013, IS IN SERIOUS DEFAULT [because you have not made the monthly payments of $700.18 for the months of April, May, June, July, August, September and October 2013. The total amount now required to cure this default, as of the date of this letter, is $44,559.76. You may cure this default within THIRTY (30) DAYS of the date of this letter, by paying to us the above amount of $ 44,559.76, 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 3801 Paxton Street P.O. Box 4999 Harrisburg, PA 17111 -0999 Attn: Asset Recovery If full payment of the amount of default is not made within THIRTY (30) DAYS, we intend to instruct our attorneys to start a lawsuit to foreclose your mortgaged property. If the mortgage is foreclosed your mortgaged property will be sold by the Sheriff to pay off the mortgage debt. 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 attorney's fees, actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's 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 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 Sheriffs foreclosure sale. It is estimated that the earliest date that such a Sheriffs sale could be held would be approximately March 5, 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 contacting the following: Commercial Asset Recovery Specialist, Melissa Auman, 717- 412 -6317. 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. METRO ANK ETRO ANK 3801 Paxton Street Harrisburg, PA 17111 M. Lucinda Heiser 830 North West St., Carlisle, PA 17013 7 1 1 -i 11.4 Al R. !EN 14 FEr 3801 Paxton Street Harrisburg, PA 17111 RETURN SERVICE REQUESTED $00369 ZIP 17111 011D126019 1'7-1 XT.E' 17 - DE , V.112Y2: E T a; E N DE a N 1'1T r4.141,N 1. N A E TO FORWARD BC: 17111141301 *2 41.9-00085-21- 20 IIIVI"Trii"11111111"111111111'111111111""11P1Milirli 7012 3050 0001 4112 2289 01512013 7012 3050 0001 4112 2289 M. Lucinda Heiser 830 North West St., Carlisle, PA 17013 17 111 t'4.3.. 41 8 ijt44 COCY.3 FIRST-(LASS MAIL $06.112 ZIP 17111 0110'1960.1999 E 176 .L E : 13.e a: / 26 /13 I RETURN TO SENDER NOT DELIVERASLE AS ADDRESSED LINABLE TO FORWARD BC: 17111141301 *0519-04053-15-43 t1(ll 1 44 4I A 1. '4 BANK October 10, 2013 3801 Pa.:con Szierl ODTJ H isburc PA 1 7 11 r-rTrne.,,trobanc ccrr VIA REGULAR AND CERTIFIED MAIL, RETURN RECEIPT REQUESTED Certified Mail Receipt # 7012 3050 0001 4112 2173 Coyle Lumber & Millwork, Inc. Attention: Kenneth W. Heiser 231 E. Old York Rd. Carlisle, PA 17013 M. Lucinda Heiser 1000 SandbankRd. Mt. Holly Springs, PA 17065 Kenneth W. Heiser dba Yellow Breeches Box Company 1000 Sandbank Rd. Mt, Holly Springs, PA 17065 NOTICE OF INTENTION TO FORECLOSE MORTGAGE The MORTGAGE held by Metro Bank (hereinafter we, us, or ours) on your property located at 830 N. West St., Carlisle, PA 17013, IS IN SERIOUS DEFAULT [because you have not made the monthly payments of $700.18 for the months of April, May, June, July, August, September and October 2013. The total amount now required to cure this default, as of the date of this letter, is $44,559.76. You may cure this default within THIRTY (30) DAYS of the date of this letter, by paying to us the above amount of $ 44,559.76, 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 3801 Paxton Street P.O. Box 4999 Harrisburg, PA 17111-0999 Attn: Asset Recovery If full payment of the amount of default is not made within THIRTY (30) DAYS, we intend to instruct our attorneys to start a lawsuit to foreclose your mortgaged property. If the mortgage is foreclosed your mortgaged property will be sold by the Sheriff to pay off the mortgage debt. 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 attorney's fees, actually incurred, up to $50.00. However, if 1e proceedings are started against you, you will have to pay the reasonable attorney's 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 attorney's fees. We may also sue you personally for the unpaid principal balance and all other sums due ui, ler 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. It is estimated that the earliest date that such a Sheriffs sale could be held would be approximately March 5, 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 contacting the following: Commercial Asset Recovery Specialist, Melissa Auman, 717- 412 -6317. 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 TTTE 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. 3801 Paxton Street Harrisburg, PA 17111 7012 3050 0001 4112 2173 .71 Mil .=71111„a SIrm,1110 11”11;=.41111.."-MC1.411Ciilli 7012 3050 0001 4112 2173 Kenneth W. Heiser 1000 Sandbank Rd. Mt. Holly Springs, PA 17065 1.7111.0141F3 Hasler inil f';1201:', ITY 7E-x ze 176 ' -DE - 1��9 3 FIRST-CLASS $06.i ZIP 171 011D1')6'01 RETURN TO SENDER UNCL AIMED UNALE TO F OR W AR 171111418'01 *0519-0405S -15 - 43 hi v1)111.1111 BANK October 10, 2013 38,01 Pax...on S7erl. 588:D37 OC,:04 Ha-risburg. PA 17.7 11 myrnetroban'K corn VIA REGULAR AND CERTIFIED MAIL, RETURN RECEIPT REQUESTED Certified Mail Receipt # 7012 3050 0001 4112 2180 Coyle Lumber & Millwork, Inc. Attention: Kenneth W. Heiser 231 E. Old York Rd. Carlisle, PA 17013 M. Lucinda Heiser 1000 SandbankRd. Mt. Holly Springs, PA 17065 Kenneth W. Heiser dba Yellow Breeches Box Company 1000 Sandbank Rd. Mt. Holly Springs, PA 17065 NOTICE OF INTENTION TO FORECLOSE MORTGAGE The MORTGAGE held by Metro Bank (hereinafter we, us, or ours) on your property located at 830 N. West St., Carlisle, PA 17013, IS IN SERIOUS DEFAULT [because you have not made the monthly payments of $700.18 for the months of April, May, June, July, August, September and October 2013. The total amount now required to cure this default, as of the date of this letter, is $44,559.76. You may cure this default within THIRTY (30) DAYS of the date of this letter, by paying to us the above amount of $ 44,559.76, 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 3801 Paxton Street P.O. Box 4999 Harrisburg, PA 17111-0999 Attn: Asset Recovery If full payment of the amount of default is not made within THIRTY (30) DAYS, we intend to instruct our attorneys to start a lawsuit to foreclose your mortgaged property. If the mortgage is foreclosed your mortgaged property will be sold by the Sheriff to pay off the mortgage debt. 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 attorney's fees, actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's 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 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 Sheriffs foreclosure sale. It is estimated that the earliest date that such a Sheriffs sale could be held would be approximately March 5, 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 contacting the following: Commercial Asset Recovery Specialist, Melissa Auman, 717- 412 -6317. 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. 8 0 1 6 ETRO BANK 3801 Paxton Street Harrisburg, PA 17111 7012 3050 0001 4112 2180 1 7012 3050 0001 4112 2180 M. Lucinda Heiser 1000 Sandbank Rd. Mt. Holly Springs, PA 17065 1711.1.01_41S i 47 0-3074 C: 176- DE 71Wcx- RE TURN TO SENDER UN CL AIMED UN ABL E TO •F OR WARD 17111141301 *0519-04061-15743 1111"01,1111&11.11111.1thlilliunit111111111•141P.dild) BANK October 10, 2013 38.01 &r eel, 888.9;17 C.:0,J4 Ha-ri'c.burq R A . 171 1 1 VIA REGULAR AND CERTIFIED MAIL, RETURN RECEIPT REQUESTED Certified Mail Receipt # 7012 3050 0001 4112 2166 Coyle Lumber & Millwork, Inc. Attention: Kenneth W. Heiser 231 E. Old York Rd. Carlisle, PA 17013 M. Lucinda Heiser 1000 SandbankRd. Mt. Holly Springs, PA 17065 rrivrnetroh an': corn Kenneth W. Heiser dba Yellow Breeches Box Company 1000 Sandbank Rd. Mt. Holly Springs, PA 17065 NOTICE OF INTENTION TO FORECLOSE MORTGAGE The MORTGAGE held by Metro Bank (hereinafter we, us, or ours) on your property located at 830 N. West St., Carlisle, PA 17013, IS IN SERIOUS DEFAULT [because you have not made the monthly payments of $700.18 for the months of April, May, June, July, August, September and October 2013. The total amount now required to cure this default, as of the date of this letter, is $44,559.76. You may cure this default within THIRTY (30) DAYS of the date of this letter, by paying to us the above amount of $ 44,559.76, 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 3801 Paxton Street P.O. Box 4999 Harrisburg, PA 17111 -0999 Attn: Asset Recovery If full payment of the amount of default is not made within THIRTY (30) DAYS, we intend to instruct our attorneys to start a lawsuit to foreclose your mortgaged property. If the rortgage is foreclosed your mortgaged property will be sold by the Sheriff to pay off the mortgage debt. 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 attorney's fees, actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's 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 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 Sheriffs foreclosure sale. It is estimated that the earliest date that such a Sheriffs sale could be held would be approximately March 5, 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 contacting the following: Commercial Asset Recovery Specialist, Melissa Auman, 717 -412 -6317. 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. T SANK October 10, 2013 3801 Paxton Street HaTrisburg, PA 17.1i. 11 VIA REGULAR AND CERTIFIED MAIL, RETURN RECEIPT REQUESTED Certified Mail Receipt # 7012 3050 0001 4112 2272 Coyle Lumber & Millwork, Inc. Attention: Kenneth W. Heiser 231 E. Old York Rd. Carlisle, PA 17013 888.937.0004 mytirtetrobank_rorn Kenneth W. Heiser dba Yellow Breeches Box Company 1000 Sandbank Rd. Mt. Holly Springs, PA 17065 M. Lucinda Heiser 1000 Sandbank Rd. Mt. Holly Springs, PA 17065 NOTICE OF INTENTION TO FORECLOSE MORTGAGE The MORTGAGE held by Metro Bank (hereinafter we, us, or ours) on your property located at 220 and 231 E. Old York Rd., Carlisle, PA 17013, IS IN SERIOUS DEFAULT [because you have not made the monthly payments of $700.18 for the months of April, May, June, July, August, September and October 2013: The total amount now required to cure this default, as of the date of this letter, is $44,559.76. You may cure this default within THIRTY (30) DAYS of the date of this letter, by paying to us the above amount of $ 44,559.76, 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 3801 Paxton Street P.O. Box 4999 Harrisburg, PA 17111-0999 Attn: Asset Recovery If full payment of the amount of default is not made within THIRTY (30) DAYS, we intend to instruct our attorneys to start a lawsuit to foreclose your mortgaged property. If the mortgage is foreclosed your mortgaged property will be sold by the Sheriffto pay off the mortgage debt. 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 attorney's fees, actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's 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. lfyou cure the default within the thirty day period, you will not be required to pay 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 Sheriffs foreclosure sale. It is estimated that the earliest date that such a Sheriffs sale could be held would be approximately March 5, 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 contacting the following: Commercial Asset Recovery Specialist, Melissa Auman, 717 - 412 -6317. 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. 3801 Paxton Street Harrisburg, PA 17111 7012 3050 0001 4112 2272 SENDER COMPLETE TMISSECTIO • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. . Article Addressed to: Kenneth W. Heiser 220 and 231 E. York Road Carlisle, PA 17013 COMPLETE THISSECTION ON DELIVER1�— 0 Agent 0 Addrc C. Date b De D. Is delivery address different from item 1? 0 Yes If YES, enter delivery address below: 0 No 3. ,Service Type .. Certified Mail 0 Express Mail 0 Registered Cj Return Receipt for Merch, 10 Insured Mail 0 C.O.D. i 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article (Transf PS Form 381 17111 @1418 7012 3050 0001 4112 2272 February 2004 SC: 17 1..11413 1 Domestic Return Receipt, *24 102695.0' TR BANK October 10, 2013 3801 Paxton Street Hd rig burg. PA 17I 11 VIA REGULAR AND CERTIFIED MAIL, RETURN RECEIPT REQUESTED Certified Mail Receipt # 7012 3050 0001 4112 2265 Coyle Lumber & Millwork, Inc. Attention: Kenneth W. Heiser 231 E. Old York Rd. Carlisle, PA 17013 88B.937.00j4 myrn1etrobzn c_con Kenneth W. Heiser dba Yellow Breeches Box Company 1000 Sandbank Rd. Mt. Holly Springs, PA 17065 M. Lucinda Heiser 1000 Sandbank Rd. Mt. Holly Springs, PA 17065 NOTICE OF INTENTION TO FORECLOSE MORTGAGE The MORTGAGE held by Metro Bank (hereinafter we, us, or ours) on your property located at 220 and 231 E. Old York Rd., Carlisle, PA 17013, IS IN SERIOUS DEFAULT [because you have not made the monthly payments of $700.18 for the months of April, May, June, July, August, September and October 2013. The total amount now required to cure this default, as of the date of this letter, is $44,559.76. You may cure this default within THIRTY (30) DAYS of the date of this letter, by paying to us the above amount of $ 44,559.76, 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 3801 Paxton Street P.O. Box 4999 Harrisburg, PA 17111 -0999 Attn: Asset Recovery If full payment of the amount of default is not made within THIRTY (30) DAYS, we intend to instruct our attorneys to start a lawsuit to foreclose your mortgaged property. If the mortgage is foreclosed your mortgaged property will be sold by the Sheriff to pay off the mortgage debt. 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 attorney's fees, actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's 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 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 Sheriffs foreclosure sale. It is estimated that the earliest date that such a Sheriffs sale could be held would be approximately March 5, 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 contacting the following: Commercial Asset Recovery Specialist, Melissa Auman, 717 - 412 -6317. 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. • -?1-112 3050 0001 4112 2265 IN Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery Is desired. el Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. icle Addressed to: M. Lucinda Heiser 220 and 231 E. York Road Carlisle, PA 17013 COMPLETETHIS SECTION ONDELIVERY,'=<,," A. Si nature B. Received (Printed Name) 0 Agent o Addre C. Date, Delarl, D. Is delivery address different from item 1? 0 Yes If YES, enter delivery address below, 0 No 7012 3050 000 . Service Type %Certified Mail 0 Registered 0 Insured Mail 0 Express Mail 0 Return Receipt for IVIerqiandiSq 0 C.O.D. 4. Restricted Delive 0 Yes 4112 2265 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 • BANK October 10, 2013 3801 ? x:c,n Stroel F— :ri;F_u7o PA. 17'111 VIA REGULAR AND CERTIFIED MAIL, RETURN RECEIPT REQUESTED Certified Mail Receipt # 7012 3050 0001 4112 2203 Coyle Lumber & Millwork, Inc. Attention: Kenneth W. Heiser 231 E. Old York Rd. Carlisle, PA 17013 mymttr Kenneth W. Heiser dba Yellow Breeches Box Company 1000 Sandbank Rd. Mt. Holly Springs, PA 17065 M. Lucinda Heiser 1000 Sandbank Rd. Mt. Holly Springs, PA 17065 NOTICE OF INTENTION TO FORECLOSE MORTGAGE The MORTGAGE held by Metro Bank (hereinafter we, us, or ours) on your property located at 220 and 231 E. Old York Rd., Carlisle, PA 17013, IS IN SERIOUS DEFAULT [because you have not made the monthly payments of $700.18 for the months of April, May, June, July, August, September and October 2013. The total amount now required to cure this default, as of the date of this letter, is S44,559.76. You may cure this default within THIRTY (30) DAYS of the date of this letter, by paying to us the above amount of $ 44,559.76, 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 3801 Paxton Street P.O. Box 4999 Harrisburg, PA 17111 -0999 Attn: Asset Recovery If full payment of the amount of default is not made within THIRTY (30) DAYS, we intend to instruct our attorneys to start a lawsuit to foreclose your mortgaged property. If the mortgage is foreclosed your mortgaged property will be sold by the Sheriff to pay off the mortgage debt. 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 attorney's fees, actually incurred, up to $50.00. However, if 1eLi1 proceedings are started against you, you will have to pay the reasonable attorney's 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 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 Sheriffs foreclosure sale. It is estimated that the earliest date that such a Sheriffs sale could be held would be approximately March 5, 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 contacting the following: Commercial Asset Recovery Specialist, Melissa Auman, 717 - 412 -6317. 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. 0 1 6 ETRO BANK .ck 3801 Paxton Street Harrisburg, PA 17111 7012 3050 0001 4112 2203 Hasler oil 5/70 1 -D 7012 3050 0001 4112 2203 Kenneth W. Heiser 1000 Sandbank Rd. Mt. Holly Springs, PA 17065 1711101418 i 47 .0005,4 F1RST-CLASS MA $06.11 ZIP 17111 n ?Rol Pc NI XI6 .176 D6 �413 RETURN TO SENDER UNCL AIMED UN AB La TO 'F50=RW AR D t: 171 41 St1 1 519—D4G7 15 — 42 101111 ',11111"11"..tH I. 1 • October 10, 2013 3-601 Pax:on '&r' H8-riSbUrg, PA 17 7 11 VIA REGULAR AND CERTIFIED MAIL, RETURN RECEIPT REQUESTED Certified Mail Receipt # 7012 3050 0001 4112 2197 Coyle Lumber & Millwork, Inc, Attention: Kenneth W. Heiser 231 E. Old York Rd. Carlisle, PA 17013 8,..9 3 7. Of:04 rnymetro bank corn Kenneth W. Heiser dba Yellow Breeches Box Company 1000 Sandbank Rd. Mt. Holly Springs, PA 17065 M. Lucinda Heiser 1000 Sandbank Rd. Mt. Holly Springs, PA 17065 NOTICE OF INTENTION TO FORECLOSE MORTGAGE The MORTGAGE held by Metro Bank (hereinafter we, us, or ours) on your property located at 220 and 231 E. Old York Rd., Carlisle, PA 17013, IS IN SERIOUS DEFAULT [because you have not made the monthly payments of $700.18 for the months of April, May, June, July, August, September and October 2013. The total amount now required to cure this default, as of the date of this letter, is $44,559.76. You may cure this default within THIRTY (30) DAYS of the date of this letter, by paying to us the above amount of $ 44,559.76, 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 3801 Paxton Street P.O. Box 4999 Harrisburg, PA 17111-0999 Attn: Asset Recovery If full payment of the amount of default is not made within THIRTY (30) DAYS, we intend to instruct our attorneys to start a lawsuit to foreclose your mortgaged property. If the mortgage is foreclosed your mortgaged property will be sold by the Sheriff to pay off the mortgage debt. 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 attorney's fees, actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's 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 attorneys 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. It is estimated that the earliest date that such a Sheriffs sale could be held would be approximately March 5, 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 contacting the following: Commercial Asset Recovery Specialist, Melissa Auman, 717 - 412 -6317. 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. ETRO BANK Go?' ck, o 3801 Paxton Street Harrisburg, PA 17111 7012 3050 0001 4112 2197 1 1 1 111 11 1 11 7012 3050 0001 4112 2197 M. Lucinda Heiser 1000 Sandbank Rd. Mt. Holly Springs, PA 17065 17111.@1418 .3. i 47 Cor:71 4. • NI XI E Has!er ! FRST-CI fi,SS '06.1 ZIP 1711 011 r)1`7R01! --17:5'• • Da • '14341.9'- 41-3....s* - RETURN TO SENDER .U.NCLAI-MED UN AS-LE TO -FORWARD 17111141801 *08 19-04D_73 -15 -43 ii1t11uli I3 0/: PRO irtiONO TAA 2014 11AR 1 3 At 1 I CUNBERL ND PENNSA YLVACOUNTY NIA HENRY & BEAVER LLP By: Marc A. Hess Identification No. 55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 METRO BANK f/k/a COMMERCE : IN THE COURT OF COMMON PLEAS BANK / HARRISBURG, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : CIVIL ACTION - LAW VS. KENNETH W. HEISER and M. LUCINDA HEISER, Individually : and Jointly, and KENNETH W. HEISER : d/b/a YELLOW BREACHES BOX COMPANY, Defendants PRAECIPE FOR ENTRY OF APPEARANCE Sir, please enter the appearance of Marc A. Hess, of the law firm of Henry & Beaver LLP, 937 Willow Street, P.O. Box 1140, Lebanon, Pennsylvania 17042-1140, on behalf of Metro Bank. HENRY & BE,t R L' Date: VAN , 2014 By: RC A. ES I.D. #55774 Ronny RAnderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY F��. ` THE pROTHO^O ���`� 20& APR -2 P.M |4 CUM.B.ERLAND COUNTY PENNSYLVANIA Metro Bank f/k/a Commerce , N.A. Kenneth Heiser (et al.) Case Number 2014-1477 SHERIFF'S RETURN OF SERVICE 03/19/2014 01:00 PM - Deputy Ryan Burgett, being duly sworn accordirig to Iaw, served the requested Complairit& Notice by handing a true copy to a person representing themselves to be M Lucinda Heiser, wife, who accepted as "Adult Person in Charge" for Kenneth Heiser at 1000 Sandbank Rd., Dickinson Twp., Mt. Holly Springs, PA17OG5. RYAN BURGETT, DEP 03/10/2014 01:00 PM - Deputy Ryan Burgett, being duly sworn according to Iaw, served the requested Complaint & Notice by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: M. Lucinda Heiser at 1000 Sandbank Road, Dickinson Township, Mt. Holly Springs, PA 17065. RYANBUR ETT.T��*�TY 03/19/2014 01:00 PM - Deputy Ryan Burgett, being duly sworn according to law, served the requested Complaint & Notice by ha di g a true co to a person representing themselves to be M Lucinda Heiser, owner, who accepted as "Adult Person in Charge" for Kenneth Heiser Individually and d/b/a Yellow Breaches Box Company at 1000 Sandbank Road, Dickinson Township, Mount Holly Springs, PA 17065. SHERIFF COST: $67.91 SO ANSWERS, March 20, 2014 RON R ANDERSON, SHERIFF (c) CountySee Sheriff, Teleosoft, METRO BANK f /k/a COMMERCE BANK / HARRISBURG, Plaintiff vs. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : No. 14 -1477 Civil KENNETH W. HEISER and M. LUCINDA HEISER, Individually : and Jointly, and KENNETH W. HEISER : d /b /a YELLOW BREECHES BOX COMPANY, Defendants N) PRAECIPE FOR ENTRY OF JUDGMENT BY DEFAULT TO THE PROTHONOTARY: Please enter judgment by default in favor of Plaintiff, Metro Bank f /k/a Commerce Bank / Harrisburg, N.A., and against Defendants, Kenneth W. Heiser and M. Lucinda Heiser, individually and jointly, and Kenneth W. Heiser d /b /a Yellow Breeches Box Company, for their failure to plead to the Complaint in this action within the time required. The Complaint contains a Notice to Defend within twenty (20) days from the date of service thereof. Defendants were served with the Complaint on March 19, 2014, and their answer was due to be filed on April 8, 2014. Attached as Exhibit "A" is a copy of Plaintiffs written Notice of Intention to File Praecipe for Entry of Default Judgment which I certify was given in accordance with rI • COT — C) Pa.R.C.P. 237.1 by regular mail to the Defendants at their last known address on April 411,9,5a PD at °X341/ g 305010.. Nice. rnailect 10, 2014, which is at least ten (10) days prior to the filing of this Praecipe. To the best of the undersigned's knowledge and belief Defendants are not represented by counsel of record in the within matter. Please enter judgment by default in favor of Plaintiff and against Defendants in the amount of: Principal Sum Due - Interest to 2/28/2014 - Late Fees to 2/28/2014 - Attorney's Commission (10% of unpaid principal and interest) - Total - $ 43,007.23 2,328.29 479.48 4,581.50 $ 50,396.50 Together with interest which continues to accrue at the contract rate after February 28, 2014 and after entry of judgment and until paid in full ($7.658821 per diem), additional late fees as may accrue at the contract rate, additional and reasonable attorney's fees as may be incurred, all amounts expended or advanced by Plaintiff relating to the collateral, together with costs of suit, execution and levy, and further, and please conform the Confessed Judgment entered to No. 14 -840 in the Court of Common Pleas of Cumberland County, Pennsylvania to the amount of the judgment entered in this action and merge the judgment in this action with the Confessed Judgment. . D. #55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042 -1140 (717) 274 -3644 Attorney for Plaintiff - 2 - HENRY & BEAVER LLP By: Marc A. Hess Identification No. 55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042 -1140 (717) 274 -3644 METRO BANK f /k/a COMMERCE : IN THE COURT OF COMMON PLEAS BANK / HARRISBURG, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : CIVIL ACTION - LAW vs. : No. 14 -1477 Civil KENNETH W. HEISER and M. LUCINDA HEISER, Individually : and Jointly, and KENNETH W. HEISER : d /b /a YELLOW BREACHES BOX COMPANY, Defendants To: Kenneth W. Heiser 1000 Sandbank Road Mount Holly Springs, PA 17035 M. Lucinda Heiser 1000 Sandbank Road Mount Holly Springs, PA 17035 Kenneth W. Heiser d /b /a Yellow Breaches Box Company 1000 Sandbank Road Mount Holly Springs, PA 17035 Date of Notice: April 10, 2014 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE EXHIBIT DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717) 249 -3166 or (800) 990 -9108 HE By: NRY: :`'��R v T-•''` M'I' C A. H SS I.D. #55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042 -1140 (717) 274 -3644 Attorney for Plaintiff Name and Address of Sender C Check type of mail or service: Certificates of M Mailing e Affix Stamp H Here • •• Q Q'�ES pos? er_ ure Restrictec Specia Handli Restricted Return R.eqi Adut Adui PS Form 3877, June 20ge I of 2) UComplete by Typewriter, Ink, or Ball Point Pen See Privacy Act Statement on Reverse HENRY & BEAVER LLP By: Marc A. Hess Identification No. 55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 METRO BANK f/k/a COMMERCE : IN THE COURT OF COMMON PLEAS BANK / HARRISBURG, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : CIVIL ACTION - LAW vs. : No. 14-1477 Civil KENNETH W. HEISER and M. LUCINDA HEISER, Individually and Jointly, and KENNETH W. HEISER : d/b/a YELLOW BREECHES BOX COMPANY, Defendants To: Kenneth W. Heiser 1000 Sandbank Road Mount Holly Springs, PA 17035 M. Lucinda Heiser 1000 Sandbank Road Mount Holly Springs, PA 17035 Kenneth W. Heiser d/b/a Yellow Breeches Box Company 1000 Sandbank Road Mount Holly Springs, PA 17035 NOTICE OF ENTRY OF JUDGMENT Pursuant to Pa.R.C.P. Rule 236 please be advised that judgment by default in the above proceeding was entered against you on Apr ca 5 , 2014, in the amount of: 3 Principal Sum Due - Interest to 2/28/2014 - Late Fees to 2/28/2014 - Attorney's Commission (10% of unpaid principal and interest) - Tota l - $ 43,007.23 2,328.29 479.48 4,581.50 $ 50,396.50 Together with interest which continues to accrue at the contract rate after February 28, 2014 and after entry of judgment and until paid in full ($7.658821 per diem), additional late fees as may accrue at the contract rate, additional and reasonable attorney's fees as may be incurred, all amounts expended or advanced by Plaintiff relating to the collateral, together with costs of suit, execution and levy, and further, and conform the Confessed Judgment entered to No. 14 -840 in the Court of Common Pleas of Cumberland County, Pennsylvania to the amount of the judgment entered in this action and merge the judgment in this action with the Confessed Judgment. A copy of the P•raecipe for Entry of Judgment by Default is attached hereto. PROTHONOTARY Date: , 2014 By: Deputy lil p9 LUtjDf 'F I. 07PEIJ/IS YLVD f0 ANIA HENRY & BEAVER LLP By: Marc A. Hess Identification No. 55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 METRO BANK f/k/a COMMERCE : IN THE COURT OF COMMON PLEAS BANK / HARRISBURG, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : CIVIL ACTION - LAW vs. : No. 14-1477 Civil KENNETH W. HEISER and M. LUCINDA HEISER, Individually : and Jointly, and KENNETH W. HEISER : d/b/a YELLOW BREECHES BOX COMPANY, Defendants MOTION FOR ORDER PURSUANT TO NO. 407 OF ACT 6 OF 1974 AND Pa.R.C.P. 2981 et seq. COMES NOW, the Plaintiff, Metro Bank f/k/a Commerce Bank / Harrisburg, N.A., by and through its attorneys, Henry & Beaver LLP, and respectfully represents as follows: 1. On February 14, 2014, pursuant to Pa.R.C.P. 2951(b) Plaintiff entered judgment by confession against Defendants in the Court of Common Pleas of Cumberland County, Pennsylvania, docketed at number 14-840 Civil (the "Confessed Judgment") in a sum itemized as follows: Principal Sum Due - Interest to 12/13/2013 - Late Fees to 12/13/2013 - Attorney's Commission (10% of unpaid principal and interest) - Total - $ 43,007.23 1,738.56 374.15 4,474.58 $ 49,594.52 Together with interest which continues to accrue at the contract rate after December 13, 2013 and after entry of judgment and until paid in full ($7.658821 per diem), additional late fees as may accrue at the contract rate, additional and reasonable attorney's fees as may be incurred, all amounts expended or advanced by Plaintiff relating to the collateral, together with costs of suit, execution and levy. 2. On March 13, 2014, Plaintiff filed a Complaint required by No. 407 of the Act of January 30, 1974, P.L. 13, 41 P.S. §101, et seq., as last amended, and Pa.R.C.P. 2981, et seq. against the Defendants which had attached to the front thereof a Notice to Plead within twenty (20) days and which was docketed to action number 14-1477 Civil (the "Conforming Action"). 3. Defendants were served with the Conforming Action by the Sheriff of Cumberland County on March 19, 2014, and Defendants' answer was due to be filed on or before April 8, 2014. 4. Defendants did not answer the Conforming Action and on April 10, 2014, Defendants were mailed by regular United States mail, postage prepaid, written Notices of Intention to File a Praecipe for Entry of Default Judgment. 5. On April 25, 2014, upon Praecipe of Plaintiff, a default judgment was entered in the Conforming Action against Defendants at Action No. 14-1477 Civil in the Court of Common Pleas of Cumberland County, Pennsylvania in the following amount: - 2 - Principal Sum Due - Interest to 2/28/2014 - Late Fees to 2/28/2014 - Attorney's Commission (10% of unpaid principal and interest) - Total - $ 43,007.23 2,328.29 479.48 4,581.50 $ 50,396.50 Together with interest which continues to accrue at the contract rate after February 28, 2014 and after entry of judgment and until paid in full ($7.658821 per diem), additional late fees as may accrue at the contract rate, additional and reasonable attorney's fees as may be incurred, all amounts expended or advanced by Plaintiff relating to the collateral, together with costs of suit, execution and levy. 6. Pursuant to No. 407 of the Act of January 30, 1974, P.L. 13, 41 P.S., as last amended, and Pa.R.C.P. 2986(a) the Confessed Judgment and the judgment in the Conforming Action shall merge and the Court shall enter an appropriate Order conforming the Confessed Judgment to the Conforming Action judgment. 7. Movant does not believe that any judge of the Court of Common Pleas of Cumberland County, Pennsylvania has previously ruled upon an issue in this matter nor has any judge been assigned hereto. 8. Concurrence of counsel has not been sought as Defendants do not have counsel of record in the within matter. 9. Movant believes and therefore avers that no argument or briefing is necessary in the within matter as the relief requested herein is required by Pa.R.C.P. 2986(a). WHEREFORE, Plaintiff respectfully moves that this Honorable Court conform the Confessed Judgment entered to No. 14-840 Civil in the Court of Common Pleas of - 3 - Cumberland County, Pennsylvania to the judgment in this Conforming Action with which it has merged pursuant to Pa.R.C.P. 2986(a) so that execution can be had on the conformed confessed judgment and that an Order directing as such be entered in each action. HENRY & BEAVER LLP By: I.D. #55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042 (717) 274-3644 Attorney for Plaintiff VERIFICATION I verify that the statements made in this Motion for Order Pursuant to Pa.R.C.P. 2986 are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. HENRY & BEAVER LLP WA By: Wk. �:...�i� M;'RCA'H SS I. . #55774 Attorney for Plaintiff CERTIFICATE OF SERVICE I, Lisa I. Fox, of the firm of Henry and Beaver, LLP, do hereby certify that I have forwarded a certified true and correct copy of the within Motion For Order Pursuant To No. 407 Of Act 6 Of 1974 and Pa.R.C.P. 2981 et seq. by regular United States mail, postage prepaid, on Kenneth W. Heiser 1000 Sandbank Road Mount Holly Springs, PA 17035 M. Lucinda Heiser 1000 Sandbank Road Mount Holly Springs, PA 17035 , 2014, to the following: Kenneth W. Heiser d/b/a Yellow Breaches Box Company 1000 Sandbank Road Mount Holly Springs, PA 17035 FOX . FOX