HomeMy WebLinkAbout14-4774 Supreme Curtof,,Pennsylvania
COUr.,-oCoinm0PleaS For Prothonotary Use Only:
Cvli1'C; "erheets'
��� `;. � A�r Docket No:
CUMBERLAND` y County
The information collected on this form is used solely for court administration purposes. This form does not
supplement or replace the filing and service of pleadings or other papers as required by law or rules of court.
Commencement of Action:
S x9 Complaint nWrit of Summons 0Petition
3 Transfer from Another Jurisdiction Declaration of Taking
E
C Lead Plaintiff's Name: Lead Defendant's Name:
Metro Bank f/k/a Commerce Bank/Harrisburg, N.A. Daniel L. Schubert
T Dollar Amount Requested: i within arbitration limits
I Are money damages requested? -Yes [ No (check one) outside arbitration limits
O
N Is this a Class Action Suit? Fil Yes El No Is this an MDJAppeal? �_s� Yes !Xi No
A Name of Plaintiff/Appellant's Attorney: Marc A. Hess, Esquire
0 Check here if you have no attorney(are a Self-Represented [Pro Se] :Litigant)
Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your
PRIMARY CASE. If you are making more than one type of claim,check the one that
you consider most important.
TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS
0 Intentional l i Buyer Plaintiff Administrative Agencies
Malicious Prosecution 0 Debt Collection:Credit Card 0 Board of Assessment
i3 Motor Vehicle l Debt Collection: Other 0 Board of Elections
0Nuisance Dept.of Transportation
0 Premises Liability ❑' Statutory Appeal:Other
S 0 Product Liability(does not include
mass tort) 0Employment Dispute:
E Discrimination
r Slander/Libel/Defamation
C 0 Other: J Employment Dispute:Other Zoning Board
,r Other:
I J Other:
O MASS TORT
I Asbestos
N u Tobacco
Toxic Tort-DES
Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS
Toxic Waste
0 Ejectment 0 Common Law/Statutory Arbitration
B Other: M Eminent Domain/Condemnation 3 Declaratory Judgment
0 Ground Rent 0 Mandamus
Landlord/Tenant Dispute Non-Domestic Relations
xl Mortgage Foreclosure:Residential Restraining Order
PROFESSIONAL LIABLITY Mortgage Foreclosure:Commercial Quo Warranto
0 Dental Partition 0 Replevin
I3 Legal = Quiet Title 0 Other:
E] Medical ❑' Other:
Other Professional:
Updated 1/1/2011
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HENRY & BEAVER LLP
By: Marc A. Hess
Identification No. 55774
937 Willow Street
P.O. Box 1140
Lebanon, PA 17042-1140
(717) 274-3644
METRO BANK f/k/a COMMERCE IN THE COURT OF COMMON PLEAS
BANK/ HARRISBURG, N.A. CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff CIVIL ACTION - LAW
vs. No. �p - H 1�9 l U I
DANIEL L. SCHUBERT,
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.
Its
44 1(4 to �Li
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A
LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166 or (800) 990-9108
Notice Required Under the Fair Debt Collection Practices Act, 15 U.S.C. §1601
(as amended) and the Pennsylvania Unfair Trade Practices Act and Consumer
Protection Law, 73 Pa.Con.Stat.Ann. §201, et seq. ("The Acts"). To the extent that the
Acts may apply, please be advised of the following:
1. The amount of the original debt is stated in the Complaint attached hereto.
2. The Plaintiff who is named in the attached Complaint and/or its loan servicing
agents are creditors to whom the debt is owed.
3. The debt described in the Complaint attached hereto and evidenced by the
copies of the mortgage and note will be assumed to be valid by the creditor's law firm,
unless the debtors/mortgagors, within thirty (30) days after receipt of this notice,
dispute, in writing, the validity of the debt or some portion thereof.
4. If the debtors/mortgagors notify the creditor's law firm in writing within thirty
(30) days of the receipt of this notice that the debt or any portion thereof is disputed, the
2 -
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 -
USTED DEBE LLEVARLE ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE.
Sl NO TIENE ABOGADO O NO PUEDE CORRER CON LOS GASTOS DE LINO,
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) 990-9108
MARC A. HESS
- 4 -
HENRY & BEAVER LLP
By: Marc A. Hess
Identification No. 55774
937 Willow Street
P.O. Box 1140
Lebanon, PA 17042-1140
(717) 274-3644
METRO BANK f/k/a COMMERCE IN THE COURT OF COMMON PLEAS
BANK/ HARRISBURG, N.A. CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff CIVIL ACTION - LAW
vs. No.
DANIEL L. SCHUBERT,
Defendant
COMPLAINT
1. The Plaintiff is Metro Bank f/k/a Commerce Bank / Harrisburg, N.A., with an
office located at 3801 Paxton Street, Harrisburg, Pennsylvania 17111.
2. The Defendant is Daniel L. Schubert, an adult individual, last known to reside
at 418 Seventh Street, New Cumberland, Cumberland County, Pennsylvania 17070.
3. On or about May 12, 2006, the Plaintiff loaned to the Defendant the sum of
Seventy Thousand Dollars ($70,000.00) pursuant to the terms of and evidenced by a
Promissory Note (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 May 12, 2006, which was recorded on May 26, 2006, in the
Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, at
Record Book 1952.at Page 426, et seq. (the "Mortgage"), conveying to the Plaintiff a
security interest in the real estate described therein. A copy of the Mortgage is attached
hereto as Exhibit "B" and made a part hereof by reference.
5. The Note and Mortgage have not been assigned.
6. The premises subject to the Mortgage is a certain lot and piece of ground
situate at 418 Seventh Street, New Cumberland, Cumberland County, Pennsylvania
17070, 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 obligation under the Note and Mortgage,
having failed to pay the installment due for March 17, 2014, and all subsequent
installments. As well, Defendant is in default for having failed to pay real estate
property taxes for tax years 2012 and 2013, which are currently past due and owing.
9. The terms of the Note and Mortgage provide that in the event of default
Defendant shall be liable for Plaintiff's 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
2 -
enforcing the Note and Mortgage. However, the Bank recognizes that it is restricted by
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 - $ 41,817.76
Interest to 7/16/2014 - 953.00
Late Fees to 7/16/2014- 503.20
Bank Fees - 60.50
Attorney's Fees for Foreclosure
(estimated herein, actual to be collected) - 2,500.00
Total - $ 45,834.46
Plus interest after July 16, 2014, and continuing after entry of judgment at the contract
rate ($8.008387 per diem), actual and additional attorney's fees, additional late fees
after July 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
- 3 -
P.S. §403), a copy of which is attached hereto as Exhibit "C" and incorporated herein by
reference. Said notice was mailed on or about May 20, 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.
$1692, et seq. (1977). This is an attempt to collect a debt. Any information received by
the undersigned will be used for the purpose of collecting the debt set forth herein.
Unless you dispute the validity of the debt, or any portion thereof, within thirty (30) days
after receipt of this Complaint, we will assume the debt to be valid. If within the thirty
(30) day period you dispute the debt or any portion thereof, you are entitled to a written
verification of the debt. If the current creditor is not the original creditor on this account,
we will also advise you, upon request, of the name and address of the original creditor.
Be advised that the thirty (30) day time period allotted herein will not stop or toll
the time period set forth above in the Notice to Plead, which requires you to take
action on the Complaint within twenty (20) days after this Complaint and Notice
are served upon you.
4 -
WHEREFORE, Plaintiff demands that judgment be entered in mortgage
foreclosure in favor of the Plaintiff and against the Defendant, Daniel L. Schubert, in the
amount of:
Principal - $ 41,817.76
Interest to 7/16/2014 - 953.00
Late Fees to 7/16/2014- 503.20
Bank Fees - 60.50
Attorney's Fees for Foreclosure
(estimated herein, actual to be collected) - 2.500.00
Total - $ 45,834.46
Plus interest after July 16, 2014, and continuing after entry of judgment at the contract
rate ($8.008387 per diem), actual and additional attorney's fees, additional late fees
after July 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.
HENE ER P
By:
ARC A. HES
D. #55774
937 Willow Street
P.O. Box 1140
Lebanon, PA 17042-1140
(717) 274-3644
Attorney for Plaintiff
- 5 -
METRO BANK f/k/a COMMERCE IN THE COURT OF COMMON PLEAS
BANK/ HARRISBURG, N.A. CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff CIVIL ACTION - LAW
vs. No.
DANIEL L. SCHUBERT,
Defendant
VERIFICATION
I, Amy M. Custer, being duly affirmed according to law, depose and say that I am
an Assistant Vice President, Asset Recovery Supervisor of Metro Bank, and that I am
authorized to make this Verification on its behalf and that the facts set forth in the
foregoing Complaint are true and correct to the best of my knowledge, information and
belief.
To the extent that any of the averments in the foregoing document are based
upon the understanding or application of law, I have relied upon counsel in making this
Verification.
I understand that false statements herein are made subject to the penalties of 18
Pa.C.S. Section 4904 relating to unsworn falsification to authorities.
METRO BANK
By:
►may ter
Assi tant Vi a President
Asset ecovery Supervisor
PROMISSORY NOTEr. n P.v
`/
PrmCipal Login Qat Mgtttriky Loan No Can l.;Gon pc0 n.;t: ffiC4�' lnitia%ts';;
$;70.000.00 0S 12 20466 06 17 2021`; 4..40213693 ,:1041
References in the shaded area 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: Daniel L. Schubert Lender: COMMERCE BANK/HARRISBURG N.A.
418 7th Street CAMP HILL
New Cumberland, PA 17070 100 SENATE AVENUE
CAMP HILL, PA 17011
(717) 972-2875
Principal Amount: $70,000.00 Interest Rate: 6.990% Date of Note: May 12, 2006
PROMISE TO PAY. I ("Borrower") promise to pay to COMMERCE BANK/HARRISBURG N.A. ("Lender"), or order, in lawful money of the United
States of America, the principal amount of Seventy Thousand & 00/100 Dollars ($70,000.00), together with interest at the rate of 6.990% per
annum on the unpaid principal balance from May 17, 2006, 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 my number of payments.
PAYMENT. I will pay this loan in 180 payments of $629.08 each payment. My first payment is due June 17, 2006, and all subsequent
payments are due on the same day of each month after that. My final payment will be due on May 17, 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 first to any accrued unpaid interest; then to principal; then to any unpaid collection costs; and then to any late charges. Interest on this
Note is computed on a 365/365 simple interest basis;that is, by applying the ratio of the annual 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. 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 Reduction.
THE INTEREST RATE WILL INCREASE BY ONE-HALF OF ONE PERCENT (.500%)..
Rules.
THEREIS AN ADMINISTRATIVE FEE OF $25.00.
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 I 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: COMMERCE BANK/HARRISBURG N.A.,
LOAN SERVICING, PO BOX 4999 HARRISBURG, PA 17111-0999.
LATE CHARGE. If a payment is 15 days or more late, I will be charged 5.000% of the regularly scheduled payment.
INTEREST AFTER DEFAULT. Upon default, including failure to pay upon final maturity, the interest rate on this Note shall be increased by 2.000
percentage points. If judgment is entered in connection with this Note, interest will continue to accrue after the date of judgment at the rate in
effect at the time judgment is entered. However, in no event will the interest rate exceed the maximum interest rate limitations under applicable
law.
DEFAULT. I will be in default under this Note if any of the following happen:
Payment Default, I fail to make any payment when due under this Note.
Break Other Promises. I break any promise made to Lender or fail to perform promptly at the time and strictly in the manner provided in
this Note or in any agreement related to this Note, or in any other agreement or loan I have with Lender.
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
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 1 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 party dies or becomes incompetent, or revokes or
disputes the validity of, or liability under, any guaranty of the indebtedness evidenced by this Note. In the event of a death, Lender, at its
VG
PROMISSORY NOTE
Loan No: 400213693 (Continued) Page 2
option, may, but shall not be required to, permit the guarantor's estate to assume unconditionally the obligations arising under the guaranty
in a manner satisfactory to Lender, and, in doing so, cure any Event of Default.
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 I, after receiving written notice from Lender 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 attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit,
including 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.
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
Commonweafth 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 418 7th Street, New Cumberland, New Cumberland Borough, Cumberland County,
Pennsylvania.
SUCCESSOR INTERESTS. The terms of this Note shall be binding upon me, and upon my heirs, personal representatives, successors and
assigns, and shall inure to the benefit of Lender and its successors and assigns.
NOTIFY US OF INACCURATE INFORMATION WE REPORT TO CONSUMER REPORTING AGENCIES. Please notify us if we report any inaccurate
information about your account(s) to a consumer reporting agency. Your written notice describing the specific inaccuracy(ies) should be sent to
us at the following address: COMMERCE BANK/HARRISBURG N.A. LOAN SERVICING 3801 PAXTON STREET HARRISBURG., PA 171 11.
GENERAL PROVISIONS. If any part of this Note cannot be enforced, this fact will not affect the rest of the Note. Lender may delay or forgo
enforcing any of its rights or remedies under this Note without losing them. I and any other person who signs, guarantees or endorses this
Note, to the extent allowed by law, waive presentment, demand for payment, and notice of dishonor. Upon any change in the terms of this
Note, and unless otherwise expressly stated in writing, no 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 Lender's security interest in the collateral. All such
parties also agree that Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modification
is made. The obligations under this Note are joint and several. This means that the words "I", "me", and "my" mean each and all of the
persons signing below.
PRIOR TO SIGNING THIS NOTE, I READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE. 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.
BOWER:
C
X (Seal)
DL
L. c -be
LASEF PFO lantlinp,Ver.5.31.00.000 Cep,.HerlenU FinnNel$oWilan,,Inc.199).2006. All Riphi•fle,erved. pA M:�WINAFP5ILPWINIGFIILPLIOIO.fO M-10057 11.11
Parcel Identification
Number:
25-24-0811-012
RECORDATION
REQUESTED BY:
COMMERCE
BANK/HARRISBURG N.A.
CAMP HILL
100 SENATE AVENUE
CAMP HILL, PA 17011
WHEN RECORDED MAIL
TO:
COMMERCE
BANK/HARRISBURG N.A.
LOAN SERVICING
3801 PAXTON STREET
HARRISBURG, PA
17111.1418
SEND TAX NOTICES TO:
COMMERCE
BANK/HARRISBURG N.A.
LOAN SERVICING
3801 PAXTON STREET
HARRISBURG, PA 17111 FOR RECORDER'S USE ONLY
MORTGAGE
Amount Secured Hereby: $70,000.00
THIS MORTGAGE dated May 12, 2006, is made and executed between Daniel L. Schubert,
whose address is 418 7th Street, New Cumberland, PA 17070 (referred to below as
"Grantor") and COMMERCE BANK/HARRISBURG N.A., whose address is 100 SENATE
AVENUE, CAMP HILL, PA 17011 (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, and appurtenances thereunto belonging or anywise made appurtenant hereafter, and the reversions and
remainders with respect thereto; all water, water rights, watercourses and ditch rights (including stock in utilities with
ditch or irrigation rights); and all other rights, royalties, and profits relating to the real property, including without
limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") located in Cumberland
County, Commonwealth of Pennsylvania:
Real property located at 418 7th Street, New Cumberland, New Cumberland Borough,
Cumberland County, Pennsylvania, as recorded in deed book 273, page 3316, in the Office
of the Recorder of Deeds of Cumberland County.
The Real Property or its address is commonly known as 418 7th Street, New Cumberland, PA
17070. The Real Property parcel identification number is 25-24-0811-012.
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:
EXHIBIT
�3
MORTGAGE
Loan No: 400213693 (Continued) Page 2
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.
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 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 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 (10) days' prior
written notice to 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 on the day payments are due under the Note until the Note is paid in full, a sum ("Escrow Funds")
equal to one-twelfth of (a) all annual taxes, special taxes, assessments, water charges and sewer service charges
levied against or on account of the Property and (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. If the
amount of the Escrow Funds held by Lender, together with the future monthly payments of Escrow Funds prior to
MORTGAGE
Loan No: 400213693 (Continued) Page 3
the due dates of the Escrow Items, shall exceed the amount required to pay the Escrow Items when due, the
excess shall be, at Grantor option, either promptly repaid to Grantor or credited to Grantor in scheduled payments
of Escrow Funds. If the amount of the Escrow Funds held by Lender is not sufficient to pay the Escrow Items
when due, Grantor shall pay to Lender any amount necessary to make up the deficiency in 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 Lender's
security interest in the Rents and the Personal Property. Grantor will pay, if permitted by applicable law, any
reasonable termination fee as determined by Lender from time to time.
Events of Default. At Lender's option, Grantor will be in default under this Mortgage if any of the following
happen:
Payment Default. Grantor fails to make any payment when due under the Indebtedness.
Default on Other Payments. Failure of Grantor within the time required by this Mortgage to make any
payment for taxes or insurance, or any other payment necessary to prevent filing of or to effect discharge of
any lien.
Break Other Promises. Grantor breaks any promise made to Lender or fails to perform promptly at the time
and strictly in the manner provided.in this Mortgage or in any agreement related to this Mortgage.
Default in Favor of Third Parties. Should Grantor default under any loan, extension of credit, security
agreement, purchase or sales agreement, or any other agreement, in favor of any other creditor or person that
may materially affect any of Grantor's property or Grantor's ability to repay the Indebtedness or Grantor's
ability to perform Grantor's obligations under this Mortgage or any related document.
Death or Insolvency. The death of Grantor, the insolvency of Grantor, the appointment of a receiver for any
part of Grantor's property, any assignment for the benefit of creditors, any type of 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. In the event of a death, Lender, at its option, may, but shall not be
required to, permit the guarantor's estate to assume unconditionally the obligations arising under the guaranty
in a manner satisfactory to Lender, and, in doing so, cure any Event of Default.
MORTGAGE
Loan No: 400213693 (Continued)
Page 4
Insecurity. Lender in good faith believes itself insecure.
Right to Cure. If any default, other than a default in payment is curable and if Grantor has not been given a
notice of a breach of the same provision of this Mortgage within the preceding twelve (12) months, it may be
cured if Grantor, after receiving written notice from Lender 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
Grantor's failure to do so, that decision by Lender will not affect Lender's right to declare Grantor in default
and to exercise Lender's remedies,
Attorneys' 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 Lender's opinion are necessary at any time for
the protection of its interest or the enforcement of its rights shall become a part of the Indebtedness payable
on demand and shall bear interest at the Note rate from the date of the expenditure until repaid. Expenses
covered by this paragraph include, without limitation, however subject to any limits under applicable law,
Lender's attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit, including 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.
Note.. The word "Note" means the promissory note dated May 12, 2006 in the original principal amount of
$70,000.00 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,
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.
Time is of the Essence. Time is of the essence in the performance of this Mortgage.
Definitions. The following words shall have the following meanings when used in this Mortgage:
Borrower. The word "Borrower" means Daniel L. Schubert and includes all co-signers and co-makers signing
the Note and all their successors and assigns.
MORTGAGE
Loan No: 400213693 (Continued)
Page 5
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, at seq., or other applicable state or
federal laws, rules, or regulations adopted pursuant thereto.
Event of Default. The words "Event of Default" mean any of the events of default set forth in this Mortgage
in the events of default section of this Mortgage.
Grantor. The word "Grantor" means Daniel L. Schubert.
Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation
party to Lender, including without limitation a guaranty of all or part of the Note.
Indebtedness. The word "Indebtedness" means all principal, interest, and other amounts, costs and expenses
payable under the Note or Related Documents, together with all renewals of, extensions of, modifications of,
consolidations of and substitutions for the Note or Related Documents and any amounts expended or
advanced by Lender to discharge Grantor's obligations or expenses incurred by Lender to enforce Grantor's
obligations under this Mortgage, together with interest on such amounts as provided in this Mortgage.
Lender. The word "Lender" means COMMERCE BANK/HARRISBURG N.A., 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 May 12, 2006, in the original principal
amount. of $70,000.00 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..
Rents. The word "Rents" means all present and future rents, revenues, income, issues, royalties, profits, and
other benefits derived from the Property.
GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MORTGAGE, AND GRANTOR AGREES
TO ITS TERMS.
THIS MORTGAGE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS MORTGAGE IS AND SHALL
CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW.
G TOR:
r
:(Seaq
a chubert
MORTGAGE
Loan No: 400213693 (Continued) Page 6
CERTIFICATE OF RESIDENCE
1 hereby certify, that the ,precise address of the mortgagee, COMMERCE BANK/HARRISBURG N.A., herein is as
follows: '
CAMP HILL, 100 SENATE AVENUE, CAMP HILL, PA 17011
trney or Ag n fo ortgagee
A
INDIVIDUAL ACKNOWLEDGMENT
COMMONWEALTH OF PENNSYLVANIA )
SS
COUNTY OF `.L�/��,/��L.
1 /
/y On this, the �'" day of , 20 a� before me
tend L�/.�G the undersigned NcAary Public, personally appeared Daniel L. Schubert, 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, 1 hereunto set my hand and official seal.
Rkt real Seal Notary Public in and for the State of
Candi L.Wolf,NotDjy"t
Lower anen Twp.,ct f'Xid c., y
t lty 0myrission Exrjm Ai4 22.
Pis Awn(I Mftft
LASER PRO La dng,Ver.5.31.00.004 Cop,.H.0—Fnenciel Solutions,Inc.1997,7006. All Riphce Reserved. PA H:IWINAPP6ILPWINICFRLPLlG03.FC TR-]0053 PR-74
METRO
BAN3i°JF t�:Ik::;)IISi�E1Ci rsnf?,i�'%`�
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May 20, 2014
ACT 6/91 NOTICE
TAX'v%,T-v-j ACTION TO SAVE
YOUR HOME FROM
FORECLOSURE
This is an official notice that the mortffaLye on your home is in default and the lender intends to foreclose.
SpecMe information about the nature of the default is Provided in the attached pages
The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM EMAP may be
_able to help to save Your home This Notice explains how the program works
To see if HEMj4,P 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 Ag encies serving our Coun r are listed
at the end of the Notice. If you have an uestions you ma call the Penns Ivania HousingFinance 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.
7
1
i
EXHIBIT
0
DANIEL L SCHUBERT
4I8 7TH ST
NEW CUMBERLAND PA 17070
Property Address—418 7ch Street New Cumberland PA 17070
Loan account number—000400213693
Certified mail# 70123460000379356374
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 RE ELIGIBLE FOR FINANCIAL ASSISTANCE
WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND
HELP YOU MAKE FUTURE MORTGAGE PAYMENTS
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY
MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR
EMERGENCY MORTGAGE ASSISTANCE:
•IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL,
• IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE
PAYMENTS,AND
• IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE
PENNSYLVANIA HOUSING FINANCE AGENCY.
TEMPORARY STAY OF FORECLOSURE--Under the Act, you are entitled to a temporary stay of
foreclosure on your mortgage for thirty(30)days from the date of this Notice(plus three (3)days for mailing).
During that time you must arrange and attend a"face-to-face"meeting with one of the consumer credit
counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN TIMURTY-
THREE (331 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"IOW TO CURE YOUR MORTGAGE DEFAULT"'.EXPLAINS IOW 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 nam-es addresses and televhone numbers of designated consumer credit
cnttnselirt: a Pncies fcr the ca,..nt ir:which the rorer.� is located are set forrt�%at u'te end of this Notice. It is
, o
only necessary to schedule one face-to-face meeting. Advise your lender immediatel of your intentions.
APPLICATION FOR MORTGAGE ASSISTANC>�—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 com_nlete
application to tshe Pennsylvania Housizag 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.
!E
I
YOU SHOULD FILE A HEMAP APPLICATIONAS SOONAS POSSIBLE IF YOU HA PEA MEETING
WITH A CO UNSELING 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
LEADER WILL BE TEMPORARILYPREVENTED FROMSTARTI'NGA FORECLOSUREAGAINST
YOUR PROPERTY,AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMP'ORARYSTAY
OF FORECLOSURE'
YOU IIA VE THE RIGHT TO FILE A HEMAPAPPLICA TIONEVENBEYOND THESE TIME
PERIODS. ALA TE APPLICATION FILL NOT PREVENT THE LENDER FROM STARTING A
FORECLOSURE ACTION, B UT IF YOUR APPLICATION IS EVENTUALLYAPPROVED AT ANY
TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED.
AGENCY ACTION—Available fonds 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 AT'T'EMPT 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:–418 7th Street New Cumberland PA 17070
IS SERIOUSLY IN DEFAULT because: Non payment.
A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the
following amounts are now past due:
3117/14$629.08,4/17/14$629.08,5/17/14$629.08
Late fees $440.30
TOTAL AMOUNT PAST DUE: $ 1,667.01,due$ 03/17/2014.
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 1,667.01 PLUS
ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THfR T Y
(3 0) 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
6
IF YOU DO NOT CURE THE DEFAULT—lf you do not cure the default within THIRTY(30) DAYS of the
date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that
the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to
pay the mortgage in monthly installments. If full payment of the total amount past due is not made within
THIRTY(30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon
your mortgaged Property.
IF THE MORTGAGE IS FORECLOSED UPON—The mortgaged property will be sold by the Sheriff to
pay off the mortgage debt. If the lender refers your case to its attorneys,but you cure the delinquency before
the lender begins legal proceedings against you,you will still be required to pay the reasonable attorney's fees
that were actually incurred,up to $50.00. However, if legal proceedings are started against you, you will have
to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's
fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you
cure the default within the THIRTY(30)DAY period,you will not be required to pay_attorney's fees.
OTHER LENDER REMEDIES—The lender may also sue you personally for the unpaid principal balance
and all other sums due under the mortgage.
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE—If you have not cured the default
within the THIRTY(30)DAY period and foreclosure proceedings have begun,you still have the right to cure
the default and prevent the sale at any time up to one hour before the Sheriff s Sale. You may do so by paying
the total amount then past due,plus any late or other charges then due reasonable attorney's fees and costs
connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writin
by the lender and by performing any other requirements under the mortgage. Curing your default in the
manner set forth in this notice will restore your mortgage to the same position as if you had never
defaulted.
EARLIEST POSSIBLE SHERIFF'S SALE DATE—It is estimated that the earliest date that such a Sheriff's
Sale of the mortgaged property could be held would be approximately six months from the date of this
Notice. A notice of the actual date of the Sheriff s Sale will be sent to you before the sale. Of course,the
amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what
the required payment or action will be by contacting the lender.
HOW TO CONTACT THE LENDER:
Name of Lender: Metro Bank
Address: 3801 Paxton Street,P.O. Box 4499
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 Sheriffs 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. i
YOU MAY ALSO HAVE THE RIGHT:
e 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.
j
i
i
i
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t
HEMA—P Consumer Credit Counseling Agencies
CUMBERLAND Cauchy
Repon last updated:06/04/2013 10:57 AN
Advantage Credit Counseling Service/CCCS of Western PA Community Action Commission of Capital Region
2000 Linglestown Road 1514 Derry Street
Harrisburg,PA 17102 Harrisburg,PA 17104
888-511-2227 717-232-9757
Housing Alliance of Vork/Y Housing Resources Maranatha
290 West Market Street 43 Philadelphia Avenue
York,PA 1740) Waynesboro,PA 17268
717-855-2752 717-762-3285
PathStone Corporation PathStone Corporation
1625 North Front St 450 Cleveland Ave
Harrisburg,PA 17102 Chambersburg,PA 17201
717-234-6616 717-264-59I3
PA Interfaith Community Programs Inc PFIFA
-10 E High Street 211 North Front Street
Gettysburg,PA 17325 Harrisburg,PA 17110
'`17-334-1518 717-780-3940 800-342-2397
Hasteir
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METRO
BANKA' 3801 Paxton Street
G71 Y K Harrisburg, PA 17111 �M a,�x� �p 1 f
701,2 3460 0003 7935 6374
q
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DANIEL T ! :.
41$ ` 1AY _
2
JON
lLED-0i:—FICfl
THE PR0,T H 0 N 0 Tpjt, j
2014 AUG 12 AM luny �#r,
CUMBERLAND COUNTY
PENNSYLVANIA
HENRY & BEAVER LLP
By: Marc A. Hess
Identification No. 55774
937 Willow Street
P.O. Box 1140
Lebanon, PA 17042-1140
(717) 274-3644
METRO BANK f/k/a COMMERCE IN THE COURT OF COMMON PLEAS
BANK / HARRISBURG, N.A. CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff CIVIL ACTION - LAW
vs. No.
c, �� i
DANIEL L. SCHUBERT,
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 q4tt'
MAP,C A. S
I.D. #55774
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
THE PRQ THOiNis1Ark
?iii i SEP -2 PM 3: 56
CUMBERLAND COUNTY
PENNSYLVANIA
OFFICE QF TME $4ERIFF
Metro Bank f/k/a Commerce Bank/Harrisburg, N.A.
vs.
Daniel Lee Schubert
Case Number
2014-4774
SHERIFF'S RETURN OF SERVICE
08/22/2014 04:49 PM - Deputy Shawn Harrison, being duly sworn according to law, served the requested Complaint
in Mortgage Foreclosure by handing a true copy to a person representi hems: ' -s to be Kim Buss,
occupant, who accepted as "Adult Person in Charge" for Occupant at ;,y. New Cumberland
Borough, New Cumberland, PA 17070.
WN
HA"Mirn N, DEPUTY
08/22/2014 04:49 PM - Deputy Shawn Harrison, being duly sworn according to law, served the requested Complaint
in Mortgage Foreclosure by handing a true copy to a person representi themselves to be Kim Buss,
girlfriend, who accepted as "Adult Person in Charge" for Daniel Lee Sc u at 418 h Street, New
Cumberland Borough, New Cumberland, PA 17070.
Aitg– —
SHON, DEPUTY
SHERIFF COST: $57.21 SO ANSWERS,
August 25, 2014
(c) CountySu to Sherif`, Toleoscft. Inc.
RONNY R ANDERSON, SHERIFF
Henry&BeaverLLP
ATTORNEYS AT LAW
HENRY & BEAVER LLP
By: Marc A. Hess
Identification No. 55774
937 Willow Street
P.O. Box 1140
Lebanon, PA 17042-1140
(717) 274-3644
24314 SEP 29 P1112: 5
CUMBERLAND COUNTY
PENNSYLVANIA
METRO BANK f/k/a COMMERCE : IN THE COURT OF COMMON PLEAS
BANK / HARRISBURG, N.A. : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff : CIVIL ACTION - LAW
vs. : No. 2017-4774
DANIEL L. SCHUBERT,
Defendant
PRAECIPE
TO THE PROTHONOTARY:
Please withdraw and discontinue the Complaint filed to the above term and
action number, without prejudice.
DATE: h , 2014 HEN' = '�=`?R LL"
By:40 MINA
ARC A. HESS
I.D. #55774
Attorney for Plaintiff