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HomeMy WebLinkAbout14-4064 Supreme Count oVPennsylvania Court- VC&iumo6Tleas For Prothonotary Use Only: 7 Ci<vI11JC;_Ver Sheet `� � i ar., t`tL ter, Docket No: SI,I 11rJ CUMBERLAND`"e County � yfii� a The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service ofpleadings or other papers as required by law or rules of court. Commencement of Action: S xi Complaint 0 Writ of Summons Petition Transfer ftom Another Jurisdiction Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: Metro Bank Wayne B. Fenicle T Dollar Amount Requested: ®within arbitration limits I Are money damages requested? IJ Yes 0 No (check one) Ooutside arbitration limits O N Is this a Class Action Suit? Yes Xi No Is this an MDJAppeal? 0 Yes x No A Name of Plaintiff/Appellant's Attorney: Marc A. Hess, Esquire -i Check here if you have no attorney(are a Self-.Represented J.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 _i Intentional 3 Buyer Plaintiff Administrative Agencies Malicious Prosecution 0 Debt Collection:Credit Card Board of Assessment 0 Motor Vehicle 0 Debt Collection:Other Board of Elections Nuisance ❑ Dept.of Transportation Premises Liability r Statutory Appeal:Other S Product Liability(does not include E mass tort) "J Employment Dispute: Slander/Libel/Defamation Discrimination 0 C ❑ Other: � Employment Dispute:Other ❑ Zoning Board [J Other: ,I, I ® Other: O MASS TORT 0 Asbestos N [3 Tobacco I] Toxic Tort-DES I__u Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS Toxic Waste 0 [3 Ejectment 0 Common Law/Statutory Arbitration B Other: 0 Eminent Domain/Condemnation 0 Declaratory Judgment 0 Ground Rent [3 Mandamus Landlord/Tenant Dispute Non-Domestic Relations X: Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY Mortgage Foreclosure:Commercial 1Quo Warranto Q Dental Partition 0 Replevin M. Legal f7il Quiet Title 0 Other: =a Medical fJ Other: is Other Professional: Updated 1/1/2011 � SCP TA W113 ilf '"E 'PdS YeV e�Cl,ti�, 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 , IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW y L/dLPu vs. � ) ( Ut No. WAYNE B. FENICLE, Defendant NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance, personally or by attorney, and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. -7�Iyo3 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) 6200 Notice Required Under the Fair Debt Collection Practices Act, 15 U.S.C. §1601 (as amended) and the Pennsylvania Unfair Trade Practices Act and Consumer Protection Law, 73 Pa.Con.Stat.Ann. §201, et seq. ("The Acts"). To the extent that the Acts may apply, please be advised of the following: 1. The amount of the original debt is stated in the Complaint attached hereto. 2. The Plaintiff who is named in the attached Complaint and/or its loan servicing agents are creditors to whom the debt is owed. 3. The debt described in the Complaint attached hereto and evidenced by the copies of the mortgage and note will be assumed to be valid by the creditor's law firm, unless the debtors/mortgagors, within thirty (30) days after receipt of this notice, dispute, in writing, the validity of the debt or some portion thereof. 4. If the debtors/mortgagors notify the creditor's law firm in writing within thirty (30) days of the receipt of this notice that the debt or any portion thereof is disputed, the - 2 - creditor's law firm will obtain verification of the debt and a copy of the verification will be mailed to the debtor by the creditor's law firm. 5. If the creditor who is named as Plaintiff in the attached Complaint is not the original creditor, and if the debtor/mortgagor makes written request to the creditor's law firm within thirty (30) days from the receipt of this notice, the name and address of the original creditor will be mailed to the debtor by the creditor's law firm. 6. Written request should be addressed to: Marc A. Hess HENRY & BEAVER LLP 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 7. THIS MAY BE CONSTRUED AS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 8. Be advised that the thirty (30) day time period allotted herein will not stop or toll the time period set forth above, which requires you to take action on the Complaint within twenty (20) days after this Complaint and Notice are served upon you. 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 plazo 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 to 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 o desagravio en la demanda solicitado por el demandante. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. 3 - LISTED DEBE LLEVARLE ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE., SI NO TIENE ABOGADO O NO PUEDE CORRER CON LOS GASTOS DE UNO, VAYA O 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 O QUE NO TENGAN QUE PAGAR HONORARIOS. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street . Carlisle, PA 17013 (717) 249-3166 or (800) 6200 MARC A. H S - 4 - HENRY & BEAVER LLP By: Marc A. Hess Identification No. 55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 METRO BANK , IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. No. WAYNE B. FENICLE, Defendant COMPLAINT 1. The Plaintiff is Metro Bank, with an office located at 3801 Paxton Street, Harrisburg, Pennsylvania 17111. 2. The Defendant is Wayne B. Fenicle, an adult individual last known to reside at 1001-13 Nanroc Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. The Plaintiff loaned to the Defendant the sum of Thirty-Six Thousand Dollars ($36,000.00) evidenced by a Promissory Note dated, executed and delivered by Defendant to Plaintiff on or about September 22, 2011 (the "Note"). A copy of the Note is attached hereto as Exhibit "A" and incorporated herein by reference. 4. Contemporaneously with the execution of the Note, in order to secure payment of the same, Defendant made, executed and delivered to the Plaintiff a real estate Mortgage dated September 22, 2011, which was recorded on October 14, 2011, in the Office of the Recorder of Deeds in and for.Cumberland County, Pennsylvania, at Instrument 201128505 (the "Mortgage"), conveying to the.Plaintiff a security interest in the real estate described therein. A copy of the Mortgage is attached hereto as Exhibit "B" and made a part hereof by reference. 5. The Note and Mortgage have not been assigned. 6. The premises subject to the Mortgage is a certain condominium unit known 1001-13 Nanroc Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055, as more particularly described on Exhibit "B" attached hereto (the "Mortgaged Real Property"). 7. The Defendant is the present owner of the Mortgaged Real Property subject to the Mortgage. 8. The Defendant is in default of his obligations under the Note and Mortgage, having failed to pay the installment due for February 27, 2014, and all subsequent installments. 9. The terms of the Note and Mortgage provide that in the event of default Defendant shall be liable for Plaintiffs costs and attorney's fees. 10.For purposes of this action, the Bank believes and therefore avers that Two Thousand Five Hundred Dollars ($2,500.00) constitutes reasonable attorney's fees for enforcing the Note and Mortgage. However, the Bank recognizes that it is restricted by - 2 - law to those attorney's fees that are actually incurred. If those fees are less than Two Thousand Five Hundred Dollars ($2,500.00), the Bank agrees to adjust its demand for attorney's fees, if applicable, at the time of payment or adjustment. If the Bank's actual attorney's fees are in excess of Two Thousand Five Hundred Dollars ($2,500.00) the Bank believes it has a right to recover the same and therefore makes demand for payment thereof. 11.As a result of the default in the Note and Mortgage, the following amounts are due and owing: Principal - $ 29,322.38 Interest to 6/16/2014 - 617.46 Late Fees to 6/16/2014- 333.73 Bank Fees - 55.50 Accrued and Unpaid Legal Fees and Costs - 1,281.09 Attorney's Fees for Foreclosure . (estimated herein, actual to be collected) - 2,500.00 Total - $ 34,110.16 Plus interest after June 16, 2014, and continuing after entry of judgment at the contract rate ($4.410407 per diem), actual and additional attorney's fees, additional late fees after June 16, 2014, at the contract rate, costs of suit and all other amounts, fees and costs incurred in maintaining and preserving the Plaintiff's collateral and incidental to suit, execution and levy. 12.No judgment has been entered upon the Note and Mortgage in any jurisdiction. 13.The combined notice was given to the Defendant in accordance with Section 403-C of Pennsylvania Act 91 of 1983 (35 P.S. §1680.403(c)) and Act 6 of 1974 (41 P.S. §403), a copy of which is attached hereto as Exhibit "C" and incorporated herein by 3 - reference. Said notice was mailed on or about May 5, 2014. As of the date of this Complaint, the Defendant has not arranged for a meeting with a representative of Plaintiff and Plaintiff has not received notice from a designated consumer credit counseling agency that Defendant has met with any such agency. 14.To the best of the undersigned's knowledge and belief, Defendant is not member of the Armed Forces of the United States of America, nor engaged in any way which would bring him within the provisions of the Service Members Civil Relief Act of 2003, as amended. 15.Notice pursuant to Federal Fair Debt Collection Practices Act 15 U.S.C. X1692, et seq. (1977). This is an attempt to collect a debt. Any information received by the undersigned will be used for the purpose of collecting the debt set forth herein. Unless you dispute the validity of the debt, or any portion thereof, within thirty (30) days after receipt of this Complaint, we will assume the debt to be valid. If within the thirty (30) day period you dispute the debt or any portion thereof, you are entitled to a written verification of the debt. If the current creditor is not the original creditor on this account, we will also advise you, upon request, of the name and address of the original creditor. Be advised that the thirty (30) day time period allotted herein will not stop or toll the time period set forth above in the Notice to Plead, which requires you to take action on the Complaint within twenty (20) days after this Complaint and Notice are served upon you. 4 - WHEREFORE, Plaintiff demands that judgment be entered in mortgage foreclosure in favor of the Plaintiff and against the Defendant, Wayne B. Fenicle, in the amount of: Principal - $ 29,322.38 Interest to 6/16/2014 - 617.46 Late Fees to 6/16/2014- 333:73 Bank Fees - 55.50 Accrued and Unpaid Legal Fees and Costs - 1,281.09 Attorney's Fees for Foreclosure (estimated herein, actual to be collected) - 2,500.00 Total - $ 34,110.16 Plus interest after June 16, 2014, and continuing after entry of judgment at the contract rate ($4.410407 per diem), actual and additional attorney's fees, additional late fees after June 16, 2014, at the contract rate, costs of suit and all other amounts, fees and costs incurred in maintaining and preserving the Plaintiff's collateral and incidental to suit, execution and levy. HEN BE ER LP By: AR HE qS I.D. #55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 Attorney for Plaintiff - 5 - METRO BANK , IN THE COURT OF COMMON PLEAS . Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. No. WAYNE B. FENICLE, Defendant VERIFICATION I, Amy M. Custer, being duly affirmed according to law, depose and say that I am an Assistant Vice President of Metro Bank, and that I am authorized to make this Verification on its behalf and that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. To the extent that any of the averments in the foregoing document are based upon the understanding or application of law, I have relied upon counsel in making this Verification. 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: Am M. C ste Assis ice President ' PROMISSORY NOTE Principal Loan Date Maturity. Loan No Call Colt Account Officer Initials $36,000.00 09-22-2011 109-27-2021 400219135 1 1 1 1008 References in the boxes above are for Lender's use only and do not limit the applicability of this document to any particular loan or item. Any item above containing"""'has been omitted due to text length limitations. Borrower: Wayne B.Fenicle Lender: Metro Bank 1001-13 Nanroc Drive Simpson Ferry Mechanicsburg,PA 17055 5032 Simpson Ferry Road Mechanicsburg,PA 17050 (717)766-6800 Principal Amount: $36,000.00 Interest Rate: 5.490% Date of Note: September 22, 2011 Maturity Date: September 27,2021 PROMISE TO PAY. I ("Borrower") promise to pay to Metro Bank ("Lender"), or order, in lawful money of the United States of America, the principal amount of Thirty-six Thousand lf,001100 Dollars ($36,000.00),together with interest on the unpaid principal balance from September 27, 2011, calculated as described in the"INTEREST CALCULATION METHOD" paragraph using an Interest rate of 5.490% per annum, until paid in full. The Interest rate may change under the terms and conditions of the"PREFERRED RATE REDUCTION"section. The Interest rate may also change under the terms and conditions of the"INTEREST AFTER DEFAULT"section. Unless waived by Lender, any Increase in the Interest rate will Increase the amounts of my payments. PAYMENT. I will pay this loan In 120 payments of$390.58 each payment My first payment is due October 27, 2011, and all subsequent payments are due on the same day of each month after that My final payment will be due on'September 27,2021,and will be for all principal and all accrued Interest not yet paid. Payments Include principal and interest Unless otherwise agreed or required by applicable law,payments will be applied to any accrued unpaid Interest;then to unpaid principal;than to any escrow or reserve account payments as required under any mortgage, deed of trust, or other security Instrument or security agreement securing this Note;then to any voluntary credit life and disability Insurance premiums;then to any late charges;and then to any unpaid collection costs. RECEIPT OF PAYMENTS. All Payments must be made by a check,automatic account debit, electronic funds transfer, money order,or other Instrument in U.S. dollars and must be received by us at the remittance address shown on your billing statement Payments received at that address prior to 6:00 P.M.EASTERN on any business day will be credited to your Loan as of the date received. If we receive payments at other locations,such payments will be credited promptly to your Loan,but crediting may be delayed for up to five(5)days after receipt For payment purposes,every day is a business day,except Saturday,Sunday and Federal holidays. I will pay Lender at Lender's address shown above or at such other place as Lender may designate in writing. PREFERRED RATE REDUCTION. The interest rate on this Note includes a preferred rate reduction. Following is a description of the event that would cause the preferred rate reduction to terminate,how the new rate will be determined upon termination of the preferred rate reduction and any rules pertaining to the termination of the rate reduction. Description of Event That Would Cause the Preferred Rate Reduction to Terminate. IF THE AUTOMATIC PAYMENT IS DISCONTINUED BY THE BORROWER OR THE LENDER. How The New Rate Will Be Determined Upon Termination of the Preferred Rate Reduction. THE INTEREST RATE WILL INCREASE BY ONE-HALF OF ONE PERCENT(.500%). .Rules. T.--...-....._--_—THBRS.IS-AN-ADMINIS:rRAT-I.UE••f=EE-GF-$2.5:00-WHIGH-BORROWER-W6L-RAY IN-CASH••OR-1-ENDER-WILL-ADN•ANGE-FROM-T-HE-6GAN,--,---»----- MAXIMUM INTEREST RATE. Under no circumstances will the interest rate on this Note exceed (except for any higher default rate shown below)the lesser of 5.990%per annum or the maximum rate allowed by applicable law. INTEREST CALCULATION METHOD. Interest on this Note Is computed on a 3651365 simple interest basis;that is, by applying the ratio of the Interest rate over the number of days in a year, multiplied by the outstanding principal balance, multiplied by the actual number of days the principal balance is outstanding. All 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"paid in full", 'Without recourse",or similar language. If 1 send such a payment,Lender may accept it without losing any of Lender's rights under this Note, and I will remain obligated to pay any further amount owed to Lender. All written communications concerning disputed amounts, including any check or other payment instrument that indicates that the payment constitutes "payment in full" of the amount owed or that is tendered with other conditions or limitations or as full satisfaction of a disputed amount must be mailed or delivered to: Metro Bank, PO Box 4999 Harrisburg, PA 17111-9933. 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 maturity,whether scheduled or accelerated by Lender because of my default, the interest rate on this Note shall be increased by 2.000 percentage points. If judgment is entered in connection with this Note, interest will continue to accrue after the date of judgment at the rate in effect at the time judgment is entered. However,in.no event will the interest rate exceed the maximum interest rate limitations under applicable law. DEFAULT. i will be in default under this Note if any of the following happen: Payment Default I fail to make any payment when due under this Note. Break Other Promises. I break any promise made to Lender or fail to perform promptly at the time and strictly in the manner provided in this Note or in any agreement related to this Note,or in any other agreement or loan I have with Lender. Default in Favor of Third Parties. I or any Grantor defaults under any loan, extension of credit, security agreement, purchase or sales agreement,or any other agreement,in favor of any other creditor or person that may materially affect any of my property or my ability to repay this Note or perform my obligations under this Note or any of the related documents. False Statements. Any representation or statement made or furnished to Lender by me or on my behalf under this Note or the related documents is false or misleading in any material respect,either now or at the time made or furnished. Death or Insolvency. Any Borrower dies or becomes insolvent;a receiver is appointed for any part of my property; I make an assignment E HIBIT PROMISSORY NOTE Loan No: 400219135 (Continued) Page 2 for the benefit of creditors;or any proceeding is commenced either by me or against me under any bankruptcy or insolvency laws. Taking of the Property. Any creditor or governmental agency tries to take any of the property or any other of my property in which Lender has a lien. This includes taking of, garnishing of or levying on my accounts with Lender. However, if I dispute in good faith whether the claim on which the taking of the property is based is valid or reasonable,and if I give Lender written notice of the claim and furnish Lender with monies or a surety bond satisfactory to Lender to satisfy the claim,then this default provision will not apply. Defective Collateralization. This Note or any of the related documents ceases to be in full force and effect(including failure of any collateral document to create a valid and perfected security interest or lien)at any time and for any reason. Collateral Damage or Loss. Any collateral securing this Note is lost, stolen, substantially damaged or destroyed and the loss, theft, substantial damage or destruction is not covered by insurance. Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor,endorser, surety, or accommodation party of any of the indebtedness or any guarantor, endorser, surety, or accommodation parry 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 sends written notice to me demanding cure of such default: (1) cure the default within fifteen (15) 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,I also will pay any court costs, in addition to all other sums provided by law. JURY WAIVER. Lender and I hereby waive the right to any jury trial in any action, proceeding,or counterclaim brought by either Lender or me against the other. GOVERNING LAW. This Note will be governed by federal law applicable to Lender and,to the extent not preempted by federal law,the laws of the Commonwealth of Pennsylvania without regard to its conflicts of law provisions. This Note has been accepted by Lender in the Commonwealth of Pennsylvania. CHOICE OF VENUE. If there is a lawsuit, i agree upon Lender's request to submit to the jurisdiction of the courts of Dauphin County, Commonwealth of Pennsylvania. RIGHT OF SETOFF. To the extent permitted by applicable law, Lender reserves a right of setoff in all my accounts with Lender (whether checking,savings,or some other account). This includes all accounts I hold jointly with someone else and all accounts I may open in the future. However, this does not include any IRA or Keogh accounts, or any trust accounts for which setoff would be prohibited by law. I authorize Lender,to the extent permitted by applicable law,to charge or setoff all sums owing on the indebtedness against any and all such accounts. COLLATERAL. I acknowledge this Note is secured by the following collateral described in the security instrument listed herein: a Mortgage .__--.._.._.dated-Septerober..22,20aa.,-t,o-Lander.on-real-property-located-in-Cumberland-County-,-Commenwealth-of-Pennsylvania--------------------A- 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 and 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 in the reasonable discretion of Lender or Closing Agent for Lender. The Borrower(s) 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 Borrower(s)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. I may notify Lender if Lender reports any inaccurate information about my account(s)to a consumer reporting agency. My written notice describing the specific inaccuracy(ies)should be sent to Lender at the following address:Metro Bank PO Box 4999 Harrisburg,PA 17111-9933. 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. Uponany change in the terns of this Note, and unless otherwise expressly stated in writing, no-party who signs this Note, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew or extend (repeatedly and for any length of time) this. loan or release any party or guarantor or collateral; or impair,fail to realize upon or perfect Lenders security interest in the collateral. All such parties also agree that Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modification is made. The obligations under this Note are joint and several. This means that the words "1", "me", and "my" mean each and all of the persons signing below. PROMISSORY NOTE Loan No: 400219135 (Continued) Page 3 PRIOR TO SIGNING THIS NOTE,I READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE. I AGREE TO THE TERMS OF THE NOTE. I ACKNOWLEDGE RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE. THIS NOTE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS NOTE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. BORROW R: Wayn .Fenicle , lARER PRO l�+dirq,Vv.5.51.00.OW COPi.H-4 F'—R SP4Aiona.Mc 100'I,Ml1. AI Rlg-R.— -PA$:C MftZ20.FC 1R Q PR— 2 7C"rs-i Parcel Identification Number: U100113 92-042A 003VFO RECORDATION REQUESTED BY: Metro Bank Simpson Ferry 5032 Simpson Ferry Road Mechanicsburg,PA 17050 T�3ry Metro Bank PO Box 4999 Harrisburg,PA 17111-9933 WHEN RECORDED,RETURN TO: FIRST AMERICAN MORTGAGE SERVICES SEND TAX NOTICES TO: 1100 SUPERIOR AVENUE,SUITE 200 Wayne B.Fenicle 1001-13 Nanroc Drive CLEVELAND,OHIO 44114 Mechanicsburg,PA 17055 ATTN: RECORDING COORDINATORS FOR RECORDER'S USE ONLY Q0Q-l9l3 MORTGAGE Amount Secured Hereby: $36,000.00 THIS MORTGAGE dated September 22, 2011, is made and executed between Wayne B. Fenicle, whose address is 1001-13 Nanroc Drive, Mechanicsburg, PA 17055 (referred to below as "Grantor") and Metro Bank, whose address is 5032 Simpson Ferry Road, Mechanicsburg, PA 17050 (referred to below as "Lender"). GRANT OF MORTGAGE. For valuable consideration, Grantor grants, bargains, sells, conveys, assigns, transfers, releases, confirms and mortgages to Lender all of Grantor's right, title, and interest in and to the following described real property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all streets, lanes, alleys, passages, and ways; all easements, rights of way, all liberties, privileges, tenements, .-„hereditaments;,-end-appurtenances-thereunto-belonging-or-,anywise-made--appurterrant-hereafter;-and It ve-reversions-antl"-”""""--'—.--- 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 relatingto the real property, including without limitation all minerals, oil, as,geothermal and similar matters, (the "Real roperty") 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 Propeor its address is commonly known as 1001-13 Nanroc Drive, rty Mechanicsburg, A 17055. The Real Property parcel identification number is 42-24-0792-042A U100113. 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 (3) collect the Rents from the Property. Duty to Maintain. Grantor shall maintain the Property in good condition and promptly perform all repairs, replacements,and maintenance necessary to preserve its value. EXHIBIT 1J MORTGAGE Loan No: 400219135 (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 indemnify, defend, and hold harmless Lender against any and all claims and losses resulting from a breach of this paragraph of the Mortgage. This obligation to indemnify and defend shall survive the payment of the Indebtedness and the satisfaction of this Mortgage. DUE ON SALE-CONSENT BY LENDER. Lender may, at Lender's option,declare immediately due and payable all sums secured by this Mortgage upon the sale or transfer,without Lender's prior written consent, of all or any part of the Real Property,or any interest in the Real Property. A"sale or transfer'means the conveyance of Real Property or any right, title or interest in the Real Property;whether legal,beneficial or equitable;whether voluntary or involuntary;whether by outright sale, deed, installment sale contract, land contract, contract for deed, leasehold interest with a term greater than three(3)years,lease-option contract, or by sale,assignment, or transfer of any beneficial interest in or to any land trust holding title to the Real Property, or by any other method of conveyance of an interest in the Real Property. However, this option shall not be exercised by Lender if such exercise is prohibited by federal law or by Pennsylvania law. TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Mortgage: Payment. Grantor shall pay when due(and in all events prior to delinquency)all taxes,payroll taxes,special taxes, assessments,water charges and sewer service charges levied against or on account of the Property,and shall pay when due all claims for work done on or for services rendered or material furnished to the Property. Grantor shall maintain the Property free of any liens having priority over or equal to the interest of Lender under this Mortgage, except for those liens specifically agreed to in writing by Lender;and except for the lien of taxes and assessments not due and except as otherwise provided in this Mortgage. PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Mortgage: Maintenance of Insurance.. Grantor shall procure and maintain policies of fire insurance with standard extended coverage endorsements on a replacement basis for the full insurable value covering all Improvements on the Real Property in an amount sufficient to avoid application of any coinsurance clause, and with a standard mortgagee clause in favor of Lender. Policies shall be written by such insurance companies and in such form as may be reasonably acceptable to Lender. Grantor shall deliver to Lender certificates of coverage from each insurer containing a stipulation that coverage will not be cancelled or diminished without a minimum of ten (1014 y�',,,prior wirtter notice t- Lender and not containing any disclaimer of the insurer's liability for failure to give such notice. Each insurance policy also shall include an endorsement providing that coverage in favor of Lender will not be impaired in any way by any act, omission or default of Grantor or any other person. Should the Real Property be located in an area designated by the Director of the Federal Emergency Management Agency as a special flood hazard area,Grantor agrees to obtain and maintain Federal Flood Insurance,if available,within 45 days after notice is given by Lender that the Property is located in a special flood hazard area,for the full unpaid principal balance of the loan and any prior liens on the property securing the loan, up to the maximum policy limits set under the National Flood Insurance Program, or as otherwise required by Lender,and to maintain such insurance for the term of the loan. Tax and Insurance Reserves. Upon request by Lender and subject to applicable law, Grantor shall pay to Lender each month, or at such other interval as payments under the Note may be due,on the day payments are due under the Note,a sum ("Escrow Funds")equal to one-twelfth,or equivalent fraction if payments are not due monthly,of (a) all annual taxes, special taxes, assessments, water charges and sewer service charges levied against or on account of the Property and (b) annual premiums for policies of fire insurance with all risks standard extended coverage required under this Mortgage("Escrow Items"). Lender may estimate the amount of Escrow Funds on the basis of current data and a reasonable estimate of future Escrow Items. All Escrow Funds shall be held by Lender and applied to pay the Escrow Items when due. Lender will not charge for holding and applying the Escrow Funds, analyzing the account, or verifying the Escrow Items, unless Lender pays Grantor interest on the Escrow Funds and applicable law permits Lender to make such a charge. Grantor and Lender may agree in writing that interest shall be paid on the Escrow Funds. Unless an agreement is made or applicable law requires interest to be paid, Lender shall not be required to pay Grantor any interest or earnings on the Escrow Funds. The Escrow Funds are pledged as additional security for the amounts secured by this Mortgage. As long as payments are current under the Note, if the amount of the Escrow Funds held by Lender, together with the future monthly or other periodic 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. However, if a payment under the Note has not been MORTGAGE Loan No: 400219135 (Continued) Page 3 made within 30 days of a payment due date, Grantor may retain any such surplus. 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 one or more payments as required by Lender. Lender's Expenditures. If Grantor fails (1) 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 (a) the term of any applicable insurance policy; or (b) the remaining term of the Note; or (3) be treated as a balloon payment which will be due and payable at the Note's maturity. Grantor's obligation to Lender for all such expenses shall survive the entry of any mortgage foreclosure judgment. Warranty; Defense of Title. The following provisions relating to ownership of the Property are a part of this Mortgage: Title. 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 Lenders security interest in the Rents and the Personal Property. Grantor will pay, if permitted by applicable law, any reasonable termination fee as determined by Lender from time to time. Events of Default. At Lenders 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-Ptime 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 Grantors property or Grantors ability to repay the Indebtedness or Grantors ability to perform Grantors obligations under this Mortgage or any related document. Death or Insolvency. The death of Grantor, the insolvency of Grantor,the appointment of a receiver for any part of Grantors property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Grantor. 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 MORTGAGE Loan No: 400219135 (Continued) Page 4 cured if Grantor, after Lender sends written notice to Grantor demanding cure of such default: (a) cures the default within fifteen (15)days;or (b) if the cure requires more than fifteen (15)days,immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. Rights and Remedies on Default. Upon the occurrence of an Event of Default and at any time thereafter, Lender, at Lender's option, may exercise any one or more of the following rights and remedies, in addition to any other rights or remedies provided by law: Accelerate Indebtedness. Lender shall have the right at its option, after giving such notices as required by applicable law,to declare the entire Indebtedness immediately due and payable. UCC Remedies. With respect to all or any part of the Personal Property, Lender shall have all the rights and remedies of a secured party under the Uniform Commercial Code. Judicial Foreclosure. Lender may obtain a judicial decree foreclosing Grantor's interest in all or any part of the Property. Nonjudicial Sale. If permitted by applicable law, Lender may foreclose Grantor's interest in all or in any part of the Personal Property or the Real Property by non-judicial sale. Other Remedies. Lender shall have all other rights and remedies provided in this Mortgage or the Note or available at law or in equity. Sale of the Property. To the extent permitted by applicable law, Grantor hereby waives any and all right to have the Property marshalled. In exercising its rights and remedies,Lender shall be free to sell all or any part of the Property together or separately,in one 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 Lender decides to spend money or to perform any of Grantor's obligations under this Mortgage, after Grantors failure to do so, that decision by Lender will not affect Lender's right to declare Grantor in default and to exercise Lenders remedies. Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Mortgage, Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and upon any appeal. Whether or not any court action is involved, and to the extent not prohibited by law,all reasonable expenses Lender incurs that in Lenders opinion are necessary at any time for the protection of its interest or the enforcement of its rights shall becomeeUart of the Indebtedness �yable 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, Lenders reasonable attorneys'fees and Lenders 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. Association of Unit Owners. The following provisions apply if the Real Property has been submitted to unit ownership law or similar law for the establishment of condominiums or cooperative ownership of the Real Property: Additional Authorizations. Grantor irrevocably authorizes Lender, with full power of substitution, to vote in Lenders discretion on any matter that may come before the association of unit owners. Lender will have the right to exercise this authorization only after Grantor's default; however, Lender may decline to exercise this authorization as Lender sees fit. Insurance. The insurance as required above may be carried by the association of unit owners on Grantor's behalf, and the proceeds of such insurance may be paid to the association of unit owners for the purpose of repairing or reconstructing the Property. If not so used by the association, such proceeds shall be paid to Lender. Default. Grantors failure to perform any of the obligations imposed on Grantor by the declaration submitting the Real Property to unit ownership, by the bylaws of the association of unit owners, or by any rules or regulations thereunder, shall be an event of default under this Mortgage. If Grantor's interest in the Real Property Is a leasehold interest and such property has been submitted to unit ownership, any failure by Grantor to perform any of the obligations imposed on Grantor by the lease of the Real Property from its MORTGAGE Loan No: 400219135 (Continued) Page 5 owner, any default under such lease which might result in termination of the lease as it pertains to the Real Property,or any failure of Grantor as a member of an association of unit owners to take any reasonable action within Grantor's power to prevent a default under such lease by the association of unit owners or by any member of the association shall be an Event of Default under this Mortgage. Miscellaneous Provisions. The following miscellaneous provisions are a part of this Mortgage: Governing Law. This Mortgage will be governed by federal law applicable to Lender and, to the extent not preempted by federal law, the laws of the Commonwealth of Pennsylvania without regard to Its conflicts of law provisions. This Mortgage has been accepted by Lender in the Commonwealth of Pennsylvania. Choice of Venue. If there is a lawsuit, Grantor agrees upon Lender's request to submit to the jurisdiction of the courts of Dauphin County,Commonwealth of Pennsylvania. Time Is of the Essence. Time is of the essence in the performance of this Mortgage. Waive Jury. All parties to this Mortgage hereby waive the right to any jury trial in any action, proceeding,or counterclaim brought by any party against any other party. Definitions. The following words shall have the following meanings when used in this Mortgage: Borrower. The word "Borrower"means Wayne B. Fenicle and includes all co-signers and co-makers signing the Note and all their successors and assigns. Environmental Laws. The words "Environmental 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, et seq. ("CERCLA"),the Superfund Amendments and Reauthorization Act of 1986, Pub. L. No.99-499("SARA"), the Hazardous Materials Transportation Act,49 U.S.C. Section 1801, et seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq., or other applicable state or federal laws,rules,or regulations adopted pursuant 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. Grantor. The word"Grantor"means Wayne B.Fenicle. 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--Bocuments-and-any-amounts-•expended°-or".--�-,---4---••..�•v 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 September 22, 2011, in the original principal amount of $36,000.00 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 MORTGAGE Loan No: 400219135 (Continued) Page 6 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: ' Seal) Wa a B. Fenicle CERTIFICATE OF RESIDENCE I hereby certify,that the precise address of the mortgagee,Metro Bank,herein is as follows: Simpson Ferry,5032 Simpson Ferry Road,Mechanicsburg,PA 17050 A orney or Agent or Mort gee INDIVIDUAL ACKNOWLEDGMENT COMli)*H4YEYe TH OF PEJ!>f85fLV3 COMMONWEALTH OF PENNSYLVANIA ► kotnrial Srz+i Joel Xavier Zeiger,Notary F''ulxk.. )SS Lower Allen Twp.,Cumberland County COUNTY OF My Comrnitslon Expires San,5,2015 Ml7iA?M On this, he h cL day of ��' ^4 20 l before me �c0.1 '--'V' 'sc;✓ ,the undersigned Notary Public, personally appeared Wayne B. Fenicle,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. aryPublic in and for 1:116-State of "7,5Yl�� LASER PRO Lending, Ver. 5.57.00.004 Copr. Harland Financial Solutions, Inc. 1997, 2011. All Rights Reserved. - PA S:ICFi\LPL1G03.FC TR-34870 PR-221 EXHIBIT A SITUATED IN THE TOWNSHIP OF UPPER ALLEN, COUNTY OF CUMBERLAND AND STATE OF PENNSYLVANIA: ALL THAT CERTAIN UNIT DESIGNATED AS UNIT I-13, BUILDING 1, BEING A CONDOMINIUM UNIT IN GENEVA PLACE, A CONDOMINIUM, LOCATED IN UPPER ALLEN TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, WHICH UNIT IS LOCATED ON THE FLOOR, BUILDING / , AS DESIGNATED IN THE DECLARATION OF CONDOMINIUM RECORDED IN OCTOBER 5, 1983 IN THE OFFICE OF THE RECORDER OF DEEDS FOR CUMBERLAND COUNTY IN MISCELLANEOUS BOOK 289, PAGE 929 AND IN THE DECLARATION PLANS AS RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS FOR CUMBERLAND COUNTY IN PLAN BOOK 44, PAGE 62 . SAID UNIT BEING KNOWN AND NUMBERED AS 1001-13 NANROC DRIVE. TOGETHER WITH ALL RIGHT, TITLE AND INTEREST, IN AND TO THE COMMON ELEMENTS AS MORE FULLY SET FORTH IN THE AFORESAID DECLARATION OF CONDOMINIUM AND DECLARATION PLANS, AS AMENDED. PPN. 42-24-0792-042A U100113 WAYNE B. FENICLE, SINGLEMAN 1001 NANROC DRIVE, MECHANICSBURG PA 17055 Loan Reference Number 38106/1008 First American Order No: 44043128 IIIIIllillllllllllllll FENICLE 44043128 PA FIRST AMERICAN ELS MORTGAGE it l l l!I I I II I!II IlII I!I II I it l!IN I IIi ld 111 i l l Il lif ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number-201128505 Recorded On 10/14/2011 At 8:27:18 AM *Total Pages-8 *Instrument Type-MORTGAGE Invoice Number-94960 User ID-JM *Mortgagor-FENICLE,WAYNE B. *Mortgagee-METRO BANK *Customer-FIRST AMERICAN *FEES STATE WRIT TAX $0.50 Certification Page STATE JCS/ACCESS TO $23.50 JUSTICE DO NOT DETACH RECORDING FEES — $17.50 RECORDER OF DEEDS This page is now part PARCEL CERTIFICATION $10.00 FEES of this legal document. AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2 .00 ROD ARCHIVES FEE $3.00 TOTAL PAID $68.00 I Certify this to be recorded in Cumberland County PA Of CU 4 RECORDER O ll EDS 1780 *-Information denoted by an asterisk may change during the verification process and may not be reflected on this page. 003VFO III{illllllilllll lllllllll TRO /� 380a Parton Street 888,937.0004 BANK Harrisburg, PA 1711 i mymetrobank.com May S, 2014 ACT 6/91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default,and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help,you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies servingyour County are listed at the end of the Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780-1869. This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA,PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. EXHIBIT WAYNE FENICLE 1001-13 NANROC DR MECHANICSBURG PA 17055 Property Address– 1001-13 Nanroc Drive Mechanicsburg PA 17055 Loan account number–000400219135 Certified mail- 70123460000379354264 Original lender–Metro Bank Formerly known as Commerce Bank/Harrisburg Current Lender/Servicer–Metro Bank Formerly known as Commerce Bank/Harrisburg HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"),YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: •IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS,AND v IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE—Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty(30) days from the date of this Notice (plus three (3) days for mailing). During.that._time..you.must..arrange..and.attend.a.`..`.face-to.-face'_'..meeting.with_one__of..the.c.onsumer.-credit _ counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY- THREE (33) DAYS OF THE DATE OF THIS NOTICE. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES—If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise.your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE—Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to the PHFA and received within thirty(30)days of your face-to-face meeting with the counseling agency. YOU SHOULD FILE HEMAP APPLICA TIONAS SOONAS POSSIBLE. IF YOUHAVEA MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICA TION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY,AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE". YOU HA VE THE RIGHT TO FILEA HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATEAPPLICATION WILL NOT PREVENT THELENDER FROMSTARTINGA FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLYAPPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION—Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60)days to make a decision after it receives your application. During that time,no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT—The MORTGAGE debt held by the above lender on your property located at: 1001-13 Nanroc Drive Mechanicsburg PA 17055 IS SERIOUSLY IN DEFAULT because: Nonpayment A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 2/27/14 $390.58.3/27/14 $390.58, 4/27/24 $390.58 Late fees $294.67 TOTAL AMOUNT PAST DUE: $ 1,466.41, due $ 02/27/2014. B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION: Make monthly payments, communicate with Metro Bank. HOW TO CURE THE DEFAULT—You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS 1,466.41 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30)DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: Metro Bank 3801 Paxton Street P.O. Box 4999 Harrisburg, PA 17111-0999 IF YOU DO NOT CURE THE DEFAULT—If you do not cure the default within THIRTY(30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY(30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortj!aj!ed property. IF THE MORTGAGE IS FORECLOSED UPON—The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed$50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY(30) DAY period,you will not be required to pay attorney's fees. OTHER LENDER REMEDIES—The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE—If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paying the total amount then past due plus any late or other charges then due,reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE—It is estimated that the earliest date that such a Sheriff's ------Sa-leof-.the.mortgaged_propert-y could_b-e.hel.d-wo-u1.d.be-ap.p.roximately_six-mo.nths_fr_om-.the_date..of.th.is--.__.__...__..._ Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course,the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Metro Bank Address: 3801 Paxton Street,P.O. Box 4999 Harrisburg,PA 17111-0999 Phone Number: 717-412-6893 Fax Number: (717) 412-6191 Contact Person: BEVERLY B QUIGLEY EFFECT OF SHERIFF'S SALE—You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff s Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE—You may or_X_may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt,provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. f 1 i i i i i 91 3 l 7 i i i t i j i t * Complete items t,2, `nd 3.Also complete A. Signature ❑Agent item 4 if Restricted D�ivery is desired. X 1, �� �. 0 Addressee * Print your name and address on the reverse _ so that we can return the card to you. B. Received by(Printed Name) 0. Date of Delivery it Attach this card to the back of the maiipiece, M � U, oto N j, e—"` - . or on the front if spac6 permits. D. t? LJ Yes _ D. Is delivery address different from item 'l, Article Addressed t It YES,enter delivery address below: foo t 3.���S��erv��ice pe i v9i), kL c ertified Mail C3Express Mail 0 Registered El Return Receipt for Merchandise V < 0 Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 7072 346' 0003 7935 4264--- .� � Domestic Return Receipt 102595-02-M-1540 PS Form�8�l..Februa' 2004 FORM 1 e-� Metro Bank IN THE COURT OF COMMON PLEAS OF e t�r CUMBERLAND COUNTY, PENNSYLVANIA 1 C'�fA Plaintiff(s) 1 r ©� Vs. Wayne B. Fenicle (� �y � Defendants) Civil NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in a court-supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer you must take the following steps to be eligible for a conciliation conference. First,within twenty(20) days of your receipt of this notice,you must contact MidPenn Legal Services at(717)243-9400 extension 2510 or(800)822-5288 extension 2510 and request appointment of a legal representative, at no charge to you. Once you have been appointed a legal representative, you must promptly meet with the legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto,the legal representative will prepare and file a Request for Conciliation Conference with the Court,which must be filed with the Court within sixty(60)days of the service upon you of the foreclosure complaint. IF you do so and a conciliation conference is scheduled,you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However,you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto,your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled,you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. es e u itted: cli" 10 Date U ignat e o Counsel or Plaintiff s : 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: CUSTOMERIPRIMARY 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? CO BORROWER Mailing Address: City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: #of people in household: How long? INFORMATIONFINANCIAL First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount:$ Included Taxes and Insurance: Date of Last Payment: Primary Reason for Default: Is the loan in Bankruptcy?Yes❑ No❑ If yes,provide names,location of court,case number&attorney: 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. Monthly Gross Monthly Net 2. Monthly Gross Monthly Net 3, Monthly Gross Monthly Net Additional Income Description(not wages): 1. Monthly Amount: 2, Monthly Amount: Borrower Pay Days: Co-Borrower Pay bays: Monthly Expenses:(Please only include expenses you are currently oavine) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2" Mortgage Utilities Car Payment(s) Condo/Neigh. Fees Auto Insurance Med.(not covered) Auto fuel/repairs Other Prop. Payment Install.Loan Payment Cable TV Child Support/Alim. Spending Money Day/Child Care/Tuft. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income and Expenses: Have you been working with a Housing Counseling Agency? Yes❑ No❑ If yes,please provide the following information: Counseling Agency: Counselor: Phone(Office): Fax: Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes❑ No ❑ If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Please provide the following information, if know, regarding your lender or lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company(Name): Contact: Phone: AUTHORIZATION I/We, , authorize the above named to use/refer this information to my lender/servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I/we understand that I/we am/are under no obligation to use the services provided by the above named Borrower Signature Date Borrower Signature Date Please forward this document along with the following information to lender and lender counsel: V Proof on income V Past 2 bank statements V Proof of any expected income for the last 45 days V Copy of a current utility bill V Letter explaining reason for delinquency and any supporting documentation V (hardship letter) Listing agreement(if property is currently on the market) V Copy of 2 years of federal income tax returns V Copy of deed FORM 3 Metro Bank IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA Plaintiff(s) VS. Wayne B. Fenicle Defendant(s) Civil REQUEST FOR CONCILIATION CONFERENCE Pursuant to the Administrative Order dated ' 2012 governing the Cumberland County Residential Mortgage Foreclosure Diversion Program, the undersigned hereby certifies as follows: 1. Defendant is the owner of the real property which is the subject of this mortgage foreclosure action; 2. Defendant lives in the subject real property, which is defendant's primary residence; 3. Defendant has been served with a "Notice of Residential Mortgage Foreclosure Diversion Program: and has taken all of the steps required in that Notice to be eligible to participate in a court-supervised conciliation conference. The undersigned verifies that the statements made herein are true and correct. I understand that statements are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Signature of Defendant's Counsel/Appointed Date Legal Representative Signature of Defendant Date Signature of Defendant Date FORM 4 Metro Bank IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) VS. Wayne B. Fenicle Defendants) Civil CASE MANAGEMENT ORDER AND NOW,this day of , 20 ,the defendant/borrower in the above-captioned residential mortgage foreclosure action having filed a Request for Conciliation Conference verifying that the defendant/borrower has complied with the Administrative Rule requirements for the scheduling of a Conciliation Conference, it is hereby ORDERED AND DECREED that: 1. The parties and their counsel are directed to participate in a court-supervised conciliation Conference on at M. in at the Cumberland County Courthouse, Carlisle, Pennsylvania. 2. At least twenty-one (21) days prior to the date of the Conciliation Conference, the defendant/borrower must serve upon the Plaintiff/lender and its counsel a copy of the "Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet" (Form 2) which has been completed by the defendant/borrower. Upon agreement of the parties in writing or at the discretion of the Court, the Conciliation Conference ordered may be rescheduled to a later date and/or the date upon which service of the completed Form 2 is to be made may be extended. Upon notice to the Court of the defendant/borrower's failure to serve the completed Form 2 with the time frame set forth herein or such other date as agreed upon by the parties in writing or ordered by the Court, the case shall be removed from the Conciliation Conference schedule and the temporary stay of proceedings shall be terminated. 3. The defendant/borrower and counsel for the parties must attend the Conciliation Conference in person and an authorized representative of the plaintiff/lender must either attend the Conciliation Conference in person or be available by telephone during the course of the Conciliation Conference. The representative of the plaintiff/lender who participates in the Conciliation Conference must possess the actual authority to reach a mutually acceptable resolution, and counsel for the plaintiff/lender must discuss resolution proposals with the authorized representative in advance of the Conciliation Conference. If the duly authorized representative of the plaintiff/lender is not available by telephone during the Conciliation Conference, the court will schedule another Conciliation Conference and require the personal attendance of the authorized representative of the plaintiff/lender at the rescheduled Conciliation Conference 4. At the Conciliation Conference, the parties and their counsel shall be prepared to discuss and explore all available resolution options which shall include: bringing the mortgage current through a reinstatement; paying off the mortgage; proposing a forbearance agreement or repayment plan to bring the account current over time; agreeing to tender a monetary payment and to vacate in the near future in exchange for not contesting the matter; offering the lender a deed in lieu of.foreclosure; entering into a loan modification or a reverse mortgage; paying the mortgage default over sixty months;and the institution of bankruptcy proceedings. 5. All proceedings in this matter are stayed pending the completion of the scheduled conciliation conference. BY THE COURT, J. i ^t Or 0 ZT j� '� 2f11�JUL j 1. 'ONO TA N ,': 2! CUMQERL%-ND COUIVPE"SYLVANIA �� 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 , IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. y Cr-,)i L No. H-HbLf WAYNE B. FENICLE, Defendant PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Sir, please enter the appearance of Marc A. Hess, of the law firm of Henry & Beaver LLP whose address is 937 Willow Street, P.O. Box 1140, Lebanon, Pennsylvania 17042-1140, as attorney for Metro Bank, the Plaintiff in the above- captioned matter. Dated: , 2014 MARC A. HES I.D. #55774 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY w e r`RO OH THE. 'ROTHO?Uiif} 2Mti JUL 2i Pr1 00 CUMBERLAND COUNTY PENNSYLVANIA Metro Bank vs. Wayne Barry Fenicle Case Number 2014-4064 SHERIFF'S RETURN OF SERVICE 07/15/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Occupant, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint & Notice as "Not Served" at 1001-13 Nanroc Dr, Mechanicsburg, PA 17055. There were no Occupants other than the defendant. 07/15/2014 07:32 PM - Deputy Dennis Fry, being duly sworn according to law, served the requested Complaint & Notice by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Wayne Barry Fenicle at 1001-13 Nanroc Dr, Mechanicsburg, PA 17055. SHERIFF COST: $49.30 SO ANSWERS, July 16, 2014 RONNIS' R ANDERSON, SHERIFF (c) CountySuite Sheriff, Teleosoft, Inc. 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 , Plaintiff vs. WAYNE B. FENICLE, Defendant -OFF/ IV 0 1-101'10 TA if 20/440G 29 2: 05 CUNBERL A NO COUNTY PENNSYLVANIA : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : No. 2014-4064 Civil PRAECIPE FOR ENTRY OF JUDGMENT BY DEFAULT TO THE PROTHONOTARY: Please enter judgment by default in favor of Plaintiff, Metro Bank, and against Defendant, Wayne B. Fenicle, for his 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. Defendant as served with the Complaint on July 15, 2014, and his answer was due to be filed on August 4, 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 Pa.R.C.P. 237.1 by regular mail to the Defendant at his last known address on August spd CA,* *-1L1-41 WaileA 6, 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 Defendant is not represented by counsel of record in the within matter. Please enter judgment by default in favor of Plaintiff in the amount of: Principal - Interest to 6/16/2014 - Late Fees to 6/16/2014 - Bank Fees - Accrued and Unpaid Legal Fees and Costs - Attorney's Fees for Foreclosure (estimated herein, actual to be collected) - Total - $ 29, 322.38 617.46 333.73 55.50 1,281.09 2,500.00 $ 34,110.16 Plus interest after June 16, 2014, and continuing after entry of judgment at the contract rate ($4.410407 per diem), actual and additional attorney's fees, additional late fees after June 16, 2014, at the contract rate, costs of suit and all other amounts, fees and costs incurred in maintaining and preserving the Plaintiff's collateral and incidental to suit, execution and levy, being the amount demanded in the Complaint. HENRY =V' LLP T I�' 47 sem- rf M' •` SS By: RC I.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 , Plaintiff vs. WAYNE B. FENICLE, Defendant To: Wayne B. Fenicle 1001-13 Nanroc Drive Mechanicsburg, PA 17055 Date of Notice: August 6, 2014 : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : No. 2014-4064 Civil IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU EXHIBIT _____A_____ 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) 6200 HENRY By: EAVER LLP AC A. H SS I.D. #55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 Attorney for Plaintiff - 2 - '� UNITED STATES WIN .POSTAL SERVICE ® Certificate Of ��Qp it T opay ee;affa;srehpsor �Y, n gt er postage here. This Certificate of Mailing provides eviden - thatr,, dadi n %eV :•• This forrnmmavbe used for dorp�stic an. irii•rnatio a. r" _ {• y4r4•1 To: • ��� PITNEY BOWES $ 001.300 hrt '0001 776012 AUG 06 2014 J.f MAii Fn FROM ZIP CODE 17046 PS Form 3817, April 2007 PSN 7530-02-000-9065 HENRY & BEAVER LLP By: Marc A. Hess Identification No. 55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 METRO BANK , Plaintiff vs. FILE JF T17,2 PRO THONG f',0i4AUG 29 PH 2: 06 CUMBERLAND PENNS NI : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : No. 2014-4064 Civil WAYNE B. FENICLE, Defendant AFFIDAVIT AS TO NON-MILITARY SERVICE OF DEFENDANT COMMONWEALTH OF PENNSYLVANIA COUNTY OF LEBANON : ss. Before me the undersigned authority, personally appeared Marc A. Hess, attorney for Plaintiff, who being duly sworn according to law, deposes and says that upon reasonable investigation to the best of his knowledge and belief the Defendant is not in the active Military or Naval Service oftu�� tes of America. rfilk‘ •/' (SEAL) MA'C""SS 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 Sworn and subscr'•ed to before me tl ss`a day of ��. , 2014. Notary Public NOTARIAL SEAL PATRICIA I. YOUNG, NOTARY PUBLIC CITY OF LEBANON, LEBANON COUNTY MY COMMISSION EXPIRES DECEMBER 17, 2017 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 , Plaintiff vs. WAYNE B. FENICLE, Defendant To: Wayne B. Fenicle 1001-13 Nanroc Drive Mechanicsburg, PA 17055 : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW : No. 2014-4064 Civil 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 CIAA9 e724/ , 2014 in the amount of: Principal - Interest to 6/16/2014 - Late Fees to 6/16/2014 - Bank Fees - Accrued and Unpaid Legal Fees and Costs - Attorney's Fees for Foreclosure (estimated herein, actual to be collected) - Total - $ 29,322.38 617.46 333.73 55.50 1,281.09 2,500.00 $ 34,110.16 Plus interest after June 16, 2014, and continuing after entry of judgment at the contract rate ($4.410407 per diem), actual and additional attorney's fees, additional late fees after June 16, 2014, at the contract rate, costs of suit and all other amounts, fees and costs incurred in maintaining and preserving the Plaintiff's collateral and incidental to suit, execution and levy. A copy of the Praecipe for Entry of Judgment by Default is attached hereto. Date: ,, 2014 PROTHONOTA By: 2 Deputy THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suite100 • Carlisle, PA • 17013 (717) 240-6195 www.cepa.net METRO BANK Vs. WAYNE B. FENICLE WRIT OF EXECUTION NO 14-4064 Civil Term CIVIL ACTION — LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above matter you are directed to levy upon and sell the following described property: (1) See legal description. (2) (Specifically describe personal property when judgment results from a mortgage covering both personal and real property pursuant to Section 9604(a)of the Uniform Commercial Code) NOTE: Description of property must be attached to the writ. Amount Due: $34,110.16 L.L.: $.50 Interest after June 16, 2014, and continuing after entry of judgment at the contract rate ($4.410407 per diem), actual and additional attorney's fees, additional late fees after June 16, 2014, at the contract rate, costs of suit and all other amounts, fees and costs incurred in maintaining and preserving the Platintiff's collateral and incidental to suit, execution and levy. Atty's Comm: Atty Paid: $198.05 Plaintiff Paid: Date: 9/5/2014 (Seal) .. REQUESTING PARTY: Name: Marc A. Hess, Esquire Address: 937 Willow Street P.O. Box 1.140 Lebanon, PA 17042-1140 Attorney for: Plaintiff Telephone: 717-274-3644 Supreme Court ID No. 55774 Due Prothy: $2.25 Other Costs: David D. Buell, Prothonotary Deputy 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 , Plaintiff vs. WAYNE B. FENICLE, Defendant FH ED -OFFICE CF. THE PROTHON0iAtR'y 2.014SEP -S fIi!0.3G CUMBERLAND COUNTY PENNSYLVANIA : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : No. 2014-4064 Civil PRAECIPE FOR WRIT OF EXECUTION MORTGAGE FORECLOSURE TO THE PROTHONOTARY: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966, as amended, and for real property pursuant to Act 6 of 1974, as amended. Issue a Writ of Execution in the above matter directed to the Sheriff of Cumberland County to levy upon the real property commonly known as 1001-13 Nanroc Drive, Mechanicsburg, Upper Allen Township, Cumberland County, Pennsylvania 17055, and as more fully described in Exhibit "A" attached hereto. Amount Due Principal - Interest to 6/16/2014 - Late Fees to 6/16/2014 - Bank Fees - Accrued and Unpaid Legal Fees Attorney's Fees for Foreclosure (estimated herein, actual to be Total - and Costs - collected) - $ 29,322.38 617.46 333.73 55.50 1,281.09 2,500.00 $ 34,110.16 Plus interest after June 16, 2014, and continuing after entry of judgment at the contract rate ($4.410407 per diem), actual and additional attorney's fees, additional late fees after June 16, 2014, at the contract rate, costs of suit and all other amounts, fees and costs incurred in maintaining and preserving the Plaintiff's collateral and incidental to suit, execution and levy. •ZB:so 12 di 30 03.7.5- 16 . 16.k • "s pci A716 HENRY : BEAVER LLP 1 feta... MAR .HE'S I.D. #55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 Attorney for Plaintiff By: 4g. gr. v,,e co 4._Co 1L C#t 7y79'9 ��✓'/O6.S�f /5st/toe/ - 2 - ALL THAT CERTAIN unit designated as Unit 1-13, Building 1, being a condominium unit in Geneva Place, a condominium, located in Upper Allen Township, Cumberland County, Pennsylvania, which unit is located on the Floor, Building , as designated in the Declaration of Condominium recorded in October 5, 1983 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Miscellaneous Book 289, Page 929 and in the Declaration Plans as recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 44, Page 62. Said Unit being known and numbered as 1001-13 Nanroc Drive. TOGETHER with all right, title and interest, in and to the Common Elements as more fully set forth in the aforesaid Declaration of Condominium and Declaration Plans, as amended. UNDER AND SUBJECT to all agreements, conditions, easements and restrictions of record and to the provisions, easements, covenants and restrictions as contained in the Declaration of Condominium, Code of Regulations and Declaration Plan. BEING the same premises which James R. Garver and Carolyn Garver, his wife, by Deed dated October 16, 1990 and recorded October 22, 1990 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book V34, Page 401, granted and conveyed until Wayne B. Fenicle, a single man. KNOWN AS 1001-13 Nanroc Drive, Mechanicsburg, Pennsylvania TAX PARCEL NO. 42 -24 -0792 -042A -U100113 EXHIBIT 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 , Plaintiff VS. WAYNE B. FENICLE, Defendant 20k SEP -5 AM 10; 30 CUMBERLAND COUNTY PENNSYLVANIA : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : No. 2014-4064 Civil NOTICE OF SHERIFF'S SALE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.2 TAKE NOTICE that a Sheriffs sale of valuable real estate will be held at the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania in a room location to be posted at every entrance on WEDNESDAY DECEMBER 3, 2014 10:00 A.M. PREVAILING LOCAL TIME of all the estates, rights, titles, properties, claims and demands of the property of Wayne B. Fenicle which are more fully described below: OWNER OF PROPERTY: LOCATION OF PROPERTY TO BE SOLD: Wayne B. Fenicle 1001-13 Nanroc Drive Mechanicsburg, Upper Allen Township, Cumberland County, Pennsylvania DESCRIPTION OF PROPERTY TO BE SOLD: A legal description is attached hereto, incorporated herein and identified as Exhibit This Sheriff's sale takes place pursuant to a Judgment against Wayne B. Fenicle in favor of Metro Bank which Judgment was entered at No. 2014 -4064 -Civil in the amount of: Principal - Interest to 6/16/2014 - Late Fees to 6/16/2014 - Bank Fees - Accrued and Unpaid Legal Fees and Costs - Attorney's Fees for Foreclosure (estimated herein, actual to be collected) - Total - $ 29, 322.38 617.46 333.73 55.50 1,281.09 2,500.00 $ 34,110.16 Plus interest after June 16, 2014, and continuing after entry of judgment at the contract rate ($4.410407 per diem), actual and additional attorney's fees, additional late fees after June 16, 2014, at the contract rate, costs of suit and all other amounts, fees and costs incurred in maintaining and preserving the Plaintiff's collateral and incidental to suit, execution and levy. If you have a question about the full amount due and owing through the date of Sheriff's Sale, you can get that information by contacting the attorney whose name, address and telephone number appears below. TAKE NOTICE that a Schedule of Distribution will be filed by the Sheriff on a date not later than thirty (30) days after the Sheriffs sale and distribution will be made in accordance with that Schedule of Distribution unless exceptions are filed thereto within ten (10) days after the filing of the Schedule of Distribution. No further notice of the filing of Schedule of Distribution will be given. YOU MAY HAVE A LIEN OR OTHER INTEREST IN THE ABOVE PROPERTY. Any lien or interest you have in the above property may be forever lost or otherwise impaired if you do not properly take action to protect such lien or interest. You may have legal rights to prevent any lien or interest you have in the above property from 2 being lost or otherwise impaired. For example, before the Sheriffs Sale, you may file a petition with the above Court of Common Pleas in order to open or strike the above judgment, or to stay or set aside the Sheriffs Sale, if you feel you have a defense or objection to the judgment or the execution procedures used, or for any other proper causes. After the Sheriffs Sale, but before delivery of the Sheriffs Deed to the real property, a petition to set aside the Sheriffs Sale for a grossly inadequate price or for any other proper causes also may be filed with said Court. You also may have the right to free legal help. A lawyer can advise you more specifically of these and other rights you may have regarding the above matters. If you wish to exercise your rights, however, you must act promptly or you may lose such rights. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 arc L . Hess I.D. #55774 HENRY & BEAVER LLP Attorney for Plaintiff Ronny R. Anderson Sheriff of Cumberland County ALL THAT CERTAIN unit designated as Unit 1-13, Building 1, being a condominium unit in Geneva Place, a condominium, located in Upper Allen Township, Cumberland County, Pennsylvania, which unit is located on the Floor, Building , as designated in the Declaration of Condominium recorded in October 5, 1983 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Miscellaneous Book 289, Page 929 and in the Declaration Plans as recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 44, Page 62. Said Unit being known and numbered as 1001-13 Nanroc Drive. TOGETHER with all right, title and interest, in and to the Common Elements as more fully set forth in the aforesaid Declaration of Condominium and Declaration Plans, as amended. UNDER AND SUBJECT to all agreements, conditions, easements and restrictions of record and to the provisions, easements, covenants and restrictions as contained in the Declaration of Condominium, Code of Regulations and Declaration Plan. BEING the same premises which James R. Garver and Carolyn Garver, his wife, by Deed dated October 16, 1990 and recorded October 22, 1990 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book V34, Page 401, granted and conveyed until Wayne B. Fenicle, a single man. KNOWN AS 1001-13 Nanroc Drive, Mechanicsburg, Pennsylvania TAX PARCEL NO. 42 -24 -0792 -042A -U100113 2. Name and address of Defendants in the judgment. Name Wayne B. Fenicle Address 1001-13 Nanroc Drive Mechanicsburg, PA 17055 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Metro Bank Bureau of Compliance Upper Allen Township Geneva Place Condo Association Address 3801 Paxton Street Harrisburg, PA 17111 Department 280946 Harrisburg, PA 17128 100 Gettysburg Pike Mechanicsburg, PA 17055 c/o Ron Freedman 3425 Market Street Camp Hill, PA 17011 4. Name and address of the last recorded holder of every mortgage of record: Name Metro Bank Address 3801 Paxton Street Harrisburg, PA 17111 5. Name and Address of every other person who has any record lien on the property: Name Address n/a 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address n/a 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Occupant / Tenant 1001-13 Nanroc Drive Mechanicsburg, PA 17055 Mechanicsburg Area School District 100 East Elmwood Avenue, 2nd Floor Mechanicsburg, PA 17055 Upper Allen Township 100 Gettysburg Pike Mechanicsburg, PA 17055 Dennis Zerbe, Tax Collector Upper Allen Township 275 Cumberland Parkway, #325 Mechanicsburg, PA 17055 Cumberland County Tax Claim Bureau Cumberland County Courthouse One Courthouse Square, Room 106 Carlisle, PA 17013 Cumberland County Treasurer Cumberland County Courthouse One Courthouse Square, Room 103 Carlisle, PA 17013 Cumberland County Domestic Relations 13 North Hanover Street Support Division P.O. Box 320 Carlisle, PA 17013 LCB Sheriff/County Tax Claims Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance Commonwealth of Pennsylvania Department of Revenue Bureau of Individual Taxes Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Taxes Inheritance Tax Division Department of Public Welfare T.P.L. Casualty Unit Estate Recovery Program Internal Revenue Service Advisory Unit Internal Revenue Service Technical Support Group Internal Revenue Service Advisory Unit Internal Revenue Service Federal Estate Tax Special Procedures Branch Department 280946 Harrisburg, PA 17125-0946 P.O. Box 280603 Harrisburg, PA 17128-0603 P.O. Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Square Department 280601 Harrisburg, PA 17128 Willow Oak Building P.O. Box 8486 Harrisburg, PA 17105 1000 Liberty Avenue, Room 704 Pittsburgh, PA 15222 William Green Federal Building 600 Arch Street, Room 3259 Philadelphia, PA 19106 600 Arch Street, Room 3259 Philadelphia, PA 19106 600 Arch Street P.O. Box 1205 Philadelphia, PA 19105 The information provided in this Affidavit is based on a lien search which covers through June 4, 2014. Subsequent to the date of filing the Praecipe for Writ of Execution the lien search will be updated to and through the date of filing the Praecipe for Writ of Execution, and if there are any additional mortgages, judgments or liens, or any party entitled to notice of sheriff's sale, said Notice will be provided at least thirty - 4 - (30) days prior to the sale date and an Amended Affidavit Pursuant to Rule 3129.1 will be filed. I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: I.D. #55774 Attorney for Plaintiff ALL THAT CERTAIN unit designated as Unit 1-13, Building 1, being a condominium unit in Geneva Place, a condominium, located in Upper Allen Township, Cumberland County, Pennsylvania, which unit is located on the Floor, Building , as designated in the Declaration of Condominium recorded in October 5, 1983 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Miscellaneous Book 289, Page 929 and in the Declaration Plans as recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 44, Page 62. Said Unit being known and numbered as 1001-13 Nanroc Drive. TOGETHER with all right, title and interest, in and to the Common Elements as more fully set forth in the aforesaid Declaration of Condominium and Declaration Plans, as amended. UNDER AND SUBJECT to all agreements, conditions, easements and restrictions of record and to the provisions, easements, covenants and restrictions as contained in the Declaration of Condominium, Code of Regulations and Declaration Plan. BEING the same premises which James R. Garver and Carolyn Garver, his wife, by Deed dated October 16, 1990 and recorded October 22, 1990 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book V34, Page 401, granted and conveyed until Wayne B. Fenicle, a single man. KNOWN AS 1001-13 Nanroc Drive, Mechanicsburg, Pennsylvania TAX PARCEL NO. 42 -24 -0792 -042A -U100113 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 , Plaintiff vs. LL .'tEFICE THE PROTHONOTARY 70 I OCT Pi 28 CUMBERLAND COUNTY PENNSYLVANIA : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : No. 2014-4064 Civil WAYNE B. FENICLE, Defendant AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA : ss. COUNTY OF LEBANON I, Lisa I. Fox, of the law firm of Henry & Beaver LLP, depose and state that: 1. I forwarded a certified true and correct copy of the attached Notice of Sheriffs Sale Pursuant to Pennsylvania Rule of Civil Procedure 3129.2, Exhibit "A", by first class United States mail, proper postage prepaid, on September 22, 2014, to: Name Address Wayne B. Fenicle 1001-13 Nanroc Drive Mechanicsburg, PA 17055 Metro Bank 3801 Paxton Street Harrisburg, PA 17111 Bureau of Compliance Department 280946 Harrisburg, PA 17128 Upper Allen Township 100 Gettysburg Pike Mechanicsburg, PA 17055 Geneva Place Condo Association c/o Ron Freedman 3425 Market Street Camp Hill, PA 17011 Occupant / Tenant 1001-13 Nanroc Drive Mechanicsburg, PA 17055 Mechanicsburg Area School District 100 East Elmwood Avenue, 2nd Floor Mechanicsburg, PA 17055 Upper Allen Township 100 Gettysburg Pike Mechanicsburg, PA 17055 Dennis Zerbe, Tax Collector Upper Allen Township 275 Cumberland Parkway, #325 Mechanicsburg, PA 17055 Cumberland County Tax Claim Bureau Cumberland County Courthouse One Courthouse Square, Room 106 Carlisle, PA 17013 Cumberland County Treasurer Cumberland County Courthouse One Courthouse Square, Room 103 Carlisle, PA 17013 Cumberland County Domestic Relations 13 North Hanover Street Support Division P.O. Box 320 Carlisle, PA 17013 LCB Sheriff/County Tax Claims Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance Commonwealth of Pennsylvania Department of Revenue Bureau of Individual Taxes Department 280946 Harrisburg, PA 17125-0946 P.O. Box 280603 Harrisburg, PA 17128-0603 2 Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Taxes Inheritance Tax Division Department of Public Welfare T.P.L. Casualty Unit Estate Recovery Program Internal Revenue Service Advisory Unit Internal Revenue Service Technical Support Group internal Revenue Service Advisory Unit Internal Revenue Service Federal Estate Tax Special Procedures Branch P.O. Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Square Department 280601 Harrisburg, PA 17128 Willow Oak Building P.O. Box 8486 Harrisburg, PA 17105 1000 Liberty Avenue, Room 704 Pittsburgh, PA 15222 William Green Federal Building 600 Arch Street, Room 3259 Philadelphia, PA 19106 600 Arch Street, Room 3259 Philadelphia, PA 19106 600 Arch Street P.O. Box 1205 Philadelphia, PA 19105 Attached hereto as Exhibit "6" and made a part hereof are the United States Postal Service Form 3817 Certificates of Mailing. 2. I also forwarded a true and correct copy of the attached Notice of Sheriffs Sale Pursuant to Pennsylvania Rule of Civil Procedure 3129.2, Exhibit "A", by First Class United States Mail, Certified, Return Receipt Requested, on September 22, 2014 to the Defendant, as follows: Name Address Service Wayne B. Fenicle 1001-13 Nanroc Drive Mechanicsburg, PA 17055 3 Received 9/27/2014 Attached hereto as Exhibit "C" and made a part hereof is the United States Postal Service Domestic Return Receipt and Receipt for Certified Mail. Sworn to and subscr bed to before me this elteN, day of 2014. t Alt Nota Public 1 NOTARIAL SEAL. PATRICIA LYOUNG, NOTARY PUBLIC cav OF LEBANON, LEBANON COUNTY MY COMMISSION EXPIRES DECEMBER 17, 2017 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 , Plaintiff vs. WAYNE B. FENICLE, Defendant ED -OF TH-- PR Ci T 0 N 0 TA Z.0 Ili SFP -5 AN 10: 30 CUMBERLAND COUNTY PENNSYLVANIA : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : No. 2014-4064 Civil NOTICE OF SHERIFF'S SALE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.2 TAKE NOTICE that a Sheriffs sale of valuable real estate will be held at the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania in a room location to be posted at every entrance on WEDNESDAY DECEMBER 3, 2014 10:00 A.M. PREVAILING LOCAL TIME of all the estates, rights, titles, properties, claims and demands of the property of Wayne B. Fenicle which are more fully described below: OWNER OF PROPERTY: Wayne B. Fenicle LOCATION OF PROPERTY TO BE SOLD: 1001-13 Nanroc Drive Mechanicsburg, Upper Allen Township, Cumberland County, Pennsylvania DESCRIPTION OF PROPERTY TO BE SOLD: A legal description is attached hereto, incorporated herein and identified as Exhibit This Sheriff's sale takes place pursuant to a Judgment against Wayne B. Fenicle in favor of Metro Bank which Judgment was entered at No. 2014 -4064 -Civil in the amount of: Principal - Interest to 6/16/2014 - Late Fees to 6/16/2014 - Bank Fees - Accrued and Unpaid Legal Fees and Costs - Attorney's Fees for Foreclosure (estimated herein, actual to be collected) - Total - $ 29,322.38 617.46 333.73 55.50 1,281.09 2,500.00 $ 34,110.16 Plus interest after June 16, 2014, and continuing after entry of judgment at the contract rate ($4.410407 per diem), actual.and additional attorney's fees, additional late fees after June 16, 2014, at the contract rate, costs of suit and all other amounts, fees and costs incurred in maintaining and preserving the Plaintiff's collateral and incidental to suit, execution and levy. If you have a question about the full amount due and owing through the date of Sheriff's Sale, you can get that information by contacting the attorney whose name, address and telephone number appears below. TAKE NOTICE that a Schedule of Distribution will be filed by the Sheriff on a date not later than thirty (30) days after the Sheriffs sale and distribution will be made in accordance with that Schedule of Distribution unless exceptions are filed thereto within ten (10) days after the filing of the Schedule of Distribution. No further notice of the filing of Schedule of Distribution will be given. YOU MAY HAVE A LIEN OR OTHER INTEREST IN THE ABOVE PROPERTY. Any lien or interest you have in the above property may be forever lost or otherwise impaired if you do not properly take action to protect such lien or interest. You may have legal rights to prevent any lien or interest you have in the above property from -2 being lost or otherwise impaired. For example, before the Sheriffs Sale, you may file a petition with the above Court of Common Pleas in order to open or strike the above judgment, or to stay or set aside the Sheriff's Sale, if you feel you have a defense or objection to the judgment or the execution procedures used, or for any other proper causes. After the Sheriff's Sale, but before delivery of the Sheriff's Deed to the real property, a petition to set aside the Sheriff's Sale for a grossly inadequate price or for any other proper causes also may be filed with said Court. You also may have the right to free legal help. A lawyer can advise you more specifically of these and other rights you may have regarding the above matters. If you wish to exercise your rights, however, you must act promptly or you may lose such rights. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 arc . Hess I.D. #55774 HENRY & BEAVER LLP Attorney for Plaintiff Ronny R. Anderson Sheriff of Cumberland County 3 ALL THAT CERTAIN unit designated as Unit 1-13, Building 1, being a condominium unit in Geneva Place, a condominium, located in Upper Allen Township, Cumberland County, Pennsylvania, which unit is located on the Floor, Building , as designated in the Declaration of Condominium recorded in October 5, 1983 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Miscellaneous Book 289, Page 929 and in the Declaration Plans as recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 44, Page 62. Said Unit being known and numbered as 1001-13 Nanroc Drive. TOGETHER with all right, title and interest, in and to the Common Elements as more fully set forth in the aforesaid Declaration of Condominium and Declaration Plans, as amended. UNDER AND SUBJECT to all agreements, conditions, easements and restrictions of record and to the provisions, easements, covenants and restrictions as contained in the Declaration of Condominium, Code of Regulations and Declaration Plan. BEING the same premises which James R. Garver and Carolyn Garver, his wife, by Deed dated October 16, 1990 and recorded October 22, 1990 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book V34, Page 401, granted and conveyed until Wayne B. Fenicle, a single man. KNOWN AS 1001-13 Nanroc Drive, Mechanicsburg, Pennsylvania TAX PARCEL NO. 42 -24 -0792 -042A -U100113 Name and Address of Sender Marc A. Hess, Esquire Henry & Beave LLP 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 Check type of mail or service: Certificates of Mailin 0 Adult Signature Required 0 Mtn Signature Restricted Delivery 0 Certified Mail 0 Recorded Delivery (International) 0 COD 0 Registered 0 Delivery Confirmation 0 Return Receipt for Merchandise 0 Express Mail 0 Signature Confirmation 0 Insured Affix Stamp Here (If issued as a certificate of mailing lr or for additional copies of this bill) .61.2, ...i 1. yo,t•V ,Iii_..% Niv: Postmark and 41...,,,Nititerti ate of Receis '*11.01*.S.: AO'S P°84r, ..s.v. z 7:IV:, PITNEY BOVJE LT . ' . 02 1P Article Number Addressee (Name, Street, City State, & ZIP Code) Wayne .B..F.enicle . 1001-13 Nanroc Drive .. , Mechanicsburg, PA 17055 etro ;an Attrit BeVerlya-OUigley 3801 Paxton Street — Harrisburg, PA 17111 Bureau of _Compliance .. Department 280946 Harrisburg, PA 17128 Postage Fee Handling Charge Actual Value if Registered Mill111111111 Ins ed •).1rittriiiMAM Val e if COD 11111111L ' Fee gap r9'ir Fee— Tee (si T"ee 1.2. X 4P4 1 • 2. 3. 4. Upper Allen Township 100 -Gettysburg -Pike Mechanicsburg, PA 17055 Ell 5' c/o Ron Freedman 3425 Market Street .. camp Hill, PA 17011 6. Occupant / Tenant 1001-13 Nanroc Drive Mechanicsburg, PA 17055 7. colicsburg 0. • . ; 100 East Elmwood Avenue, 2nd Floor Mechanicsburg, PA 17055 . ..F u..er Allen Townshi• C13 Al p ..-IIIIIIBEIF g , 8. 100 Gettysburg Pike Mechanicsburg, PA 17055 Total Number of Pieces Listed by Sender Total Nu T. Pieces Received o t Office Postmas , er ( .me of receiving employee) , PS Form 3877, June 2011 P ge 1 of 2) Complete by Typewriter, Ink, or Ball Point Pen See Privacy Act Statement on Reverse Name and Address of Sender Marc A. Hess, Esquire q Henry & Beave LLPcertificate 937 Willow Street P.O. Box 1140 Lebanon, PA 17042 1140 Check type of mail or service: Certificates of Mailing ❑Adult Signature Required 0 Ad01t Signature Restricted Delivery 0 Certified Mail 0 Recorded Delivery International ry( ❑ COD 0 Registered ID ❑ Delivery Confirmation 0 Return Receipt for Merchandise 0 Express Mail 0 Signature Confirmation+. ❑ Insured Here H Stamp e Affix •- (eissuedasa . #ir,�,i ri of mailing '} , ,tF. or for additional A it, r copies of this bill) Liii'•`R` Postmark and Date of Receipt �Z rrrl + +,� —r-+' OSr y r Y 01/ Nmewurwplyway non z 02 1P O s • 00017 76012 SE 2-�0 0 Irl" �' . ' Article Number TM Addressee (Name, Street, City, State, & ZIP Code ) PostageHandling Fee Charge Actual Value if Registered Insured Value Du kfi;a, .".r: � Fee • g Fee L r -PS Fee M Fee 7 `S`H' Fee C DL Fee f2R Fee if COD 1. Dennis Zerbe, Tax Collector Upper -Allen Township 275 Cumberland Parkway,.#325_-_ Mechanicsburg, PA 17055 2 Cumberland County Tax Claim Bureau Cumbeiand County Courthouse..._ ........- ... One Courthouse Square, Room 106 _ _ Carlisle, PA 17013 Cumberland County Treasurer 3 Cumberland County Courthouse One Courthouse.Square,. Room..103 ... Carlisle, PA 17013 Cumberland County Domestic Relations__ ..............__...._.....__.___._.._....... _.... Support Division 4 13 North Nanuvei Street P.O. Box 320 Carlisle, PA 17013 LCB Sheriff/County Tax Claims Commonwealth of Pennsylvania Department Revenue 5. of Bureau of Compliance Department 280946 Harrisburg, PA 1.7125-0946. ... _ . _ .. . . Commonwealth btPennsylvanig Department of Revenue 6. Bureau of Individual Taxes P.O. Box 280603 Harrisburg, PA 171.28-0603 __,.. Commonwealth of Pennsylvania Department of Welfare ! d i ' � � O \p. \ sll C p 7' P.O. Box 2675 Harrisburg, PA 17105 Commonwealth of Pennsylvania Bureau of Individual Taxes Inheritance Tax Division 70 (J5D 22 (� 4 bb) 8 6th Froor, Strawberry quare Department 280601 Harrisburg, PA 17128 Total Number of Pieces Listed by Sender 8 Total Nu Pieces Postmast ame of receiving employee) Receiv d Pos? Office PS Form 3877, June 201 e1of2) Complete by Typewriter, Ink, or Ball Point Pen See Privacy Act Statement on Reverse Name and Address of Sender Marc A. Hess, Esquire q Henry & Beave LLPcertificate 937 Willow Street P.O. Box 1140r Lebanon, PA 17042-1140 Check type of mail or service: Certificates of Mailing 0 Adult Signature Required 0 Adt)lt Signature Restricted Delivery 0 Certified Mail 0 Recorded Delivery (International) 0COD ❑Registered 0 Delivery Confirmation 0 Return Receipt for Merchandise 0 Express Mail 0 Signature Confirmation ❑ Insured Affix Stamp Here (If issued as a of mailing 'CQPOS/4., CO NO $itr g....11:1,,-,2,44,-: or for additional copies of this bill) Postmark and Date of Receipt 'ti , f .*.- :ff. +.� rt• +` f 3ti!' 4.i• LK 1 -_=..e. Z a k;'." 02 1P rFot 0S00'7760 ke-57,.® PITNEY BOWI $ oo �P S i' ?2 01 Article Number Addressee (Name, Street, City, State, 8 Z1PCoder^) Postage Fee Handling Charge Actual Value if Registered Insured Value D . =;�vS3 ' - I y ; ee /jSpR e8 _. 3TRfg a ee 7 'CC Fee S e• 02 ee 1. Department.of_ Public ..Welfare ..............._.._ . _... ... T,.P.,.L.,... Casualty ...Unit ..........._........_...._..........................................._......__._ . Estate -Recovery Program Willow Oak Building 2. P.O,. Box ...8486 _ .......... PA 171-05 Harrisburg, 3 Internal Rcvcnue Service .... it ......................._.........._........................._................................................ Advisory.Unit 1 -000 -Liberty Avenue; -Room704- -- _ Pittsburgh, PA 15222 4. Internal Revenue Service _ ............... ..... ........_. i „° its i. , t g Technical Support -Group William Green -Federal -Building 5. 600 Arch Street, Room 3259 Philadel .hia, PA.. -19.106 *e, <=' r Internal Revenue Service 0 4 ' 6 Advisory Unit 600 Arch Street, Room 3259 Philadelphia PA.19106) 7. Internal Revenue Service s A 1'770 ` 4I, z Federal Estate Tax Special Procedures Branch 600 Arch Street USPS 04 °). 8. P.O. Box 1205ta?) Philadelphia, PA 19105 Total Number of Pieces Listed by Sender 5 Total Nu r of Pieces Recei d at t Office Postmas , Per ( me of receiving employee) PS Form 3877, June 2011- age 1 of 2) Complete by Typewriter, Ink, or Ball Point Pen ee Privacy Act statement on everse s 4 6 1 r t, - M U.S. Postal ServiceTM CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.come U S E - Postage Certified Fie' Return Fleceliit Fee (Endorsement Required) Restricted Delivery Fe (Endorsement Require Total POstage 8, Fees Sent To-;‘,Aiill, Street pt. No.; or PO Box No. itiu 0 ‘t) City, Stat 8 • ' Postinertc 1" • "-- , . Here o' . - . !....-' 09/22/201 'f• ar' PS Form 3800, August 2006 .10 See Reverse for Instructions .SENDER: COMPLETE THIS SECTION ' • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: (otrhue 6, feiulQ_Ie_ /6c1-13 NANkod_ tY2Alle (1,\EciA-pc-MIC_Ca R...G eA- 1`) ass - COMPLETE THIS SECTION ON DELIVERY Agent ddressee B. Receive y (Printed Name) t ?We ,e1 Fellj (6, C. Da of Delivery 41 1 / I 4 D. Is elivery address different from item 1? Yes If YES, enter delivery address below: 0 No 3. Service Type (21 -Certified Mail° 0 Priority Mail Express- o Registered 0 Return Receipt for Merchandise 0 Insured Mail 0 Collect on Delivery 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number 111 17b14 dada 02514374i (Transfer from service labe0 PS Form 381 1 , July 2013 Domestic Return Receipt EXHIBIT 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 , Plaintiff vs. f' iL J—OFFICE r; r b F � � i1A j