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HomeMy WebLinkAbout09-4991INTEGRITY BANK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CASE NO. OR - yggl ?v< l?p?rw RICHARD P. HART, JR., and NANCIE J. HART, Defendants CIVIL ACTION -LAW NOTICE OF ENTRY OF JUDGMENT TO: Richard P. Hart, Jr. Nancie J. Hart 5154 Kylock Road Mechanicsburg, Pennsylvania, 17055. You are hereby notified that on July g, 2009 a judgment by confession was entered against each of you in the above-captioned case in favor of Integrity Bank as follows: Principal: $ 234,882.31 Accrued Interest: 1,931.77 Late Fees: 472.08 Total: $ 237,286.16* *along with interest accruing at the current per diem rate of $64.35 from and following July 7, 2009, costs and reasonable attorney's fees until paid in full DATE: a-3 0240 It V OTHON INTEGRITY BANK, Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CASE NO. CQ - 4991 0,11vi l p?l-M RICHARD P. HART, JR., and ' NANCIE J. HART, Defendants CIVIL ACTION - LAW CONFESSION OF JUDGMENT Pursuant to the authority contained in the Note and the Forbearance Agreement, defined in the Complaint filed in the above captioned case and evidenced by Exhibits A and B to said Complaint, we appear for Defendants, Richard P. Hart, Jr. and Nancie J. Hart and confess judgment against them in favor of Plaintiff, Integrity Bank, as follows: Principal: $ 234,882.31 Accrued Interest: 1,931.77 Late Fees: 472.08 Total: $ 237,286.16* *along with interest accruing at the current per diem rate of $64.35 from and following July 7, 2009, costs and reasonable attorney's fees until paid in full Date: July 21, 2009 McNEES WALLACE & NURICK LLC Y Clayton W. Da dson PA Attorney I. No. 79139 McNees Wallace & Nurick LLC 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 260-1678 (Direct Fax) (717) 232-8000 (Phone) cdavidsonAmwn. com Attorneys for Plaintiff, Integrity Bank FLED-Of RCIE OF THEE prr.?.TAf?Y 2009 JUL 23 PPS 12: is s- Clayton W. Davidson PA Attorney I.D. # 79139 McNees Wallace & Nurick LLC 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108-1166 Phone: (717) 232-8000 Direct Fax: (717) 260-1678 cdavidson@mwn.com Attorneys for Integrity Bank INTEGRITY BANK, Plaintiff V. RICHARD P. HART, JR., and NANCIE J. HART, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CASE NO. 04 - Wqq I Civt LTi"* CIVIL ACTION -LAW COMPLAINT FOR CONFESSION OF JUDGMENT Plaintiff, Integrity Bank, by and through its undersigned counsel, hereby files this Complaint for Confession of Judgment pursuant to Pa.R.C.P. No. 2951(b) and in support thereof avers the following: 1. Plaintiff, Integrity Bank ("Integrity"), is a Pennsylvania banking institution with its principal place of business located at 3345 Market Street, Camp Hill, Pennsylvania, 17011. 2. Defendants, Richard P. Hart, Jr. and Nancie J. Hart (collectively "the Harts"), are an adult married couple last known residing at 5154 Kylock Road, Mechanicsburg, Pennsylvania, 17055. 3. On December 17, 2003, the Harts borrowed $252,800.00 (the "Loan") from Integrity for a business purpose and immediately thereafter executed and delivered to Integrity a certain promissory note (the "Note") evidencing the Loan. Attached hereto as Exhibit A and incorporated herein by reference is a true and correct copy of the Note. 4. On January 22, 2008, the Harts and Integrity entered into a forbearance and loan modification agreement (the "Forbearance Agreement") to modify certain terms of the Loan. Attached hereto as Exhibit B and incorporated herein by reference is a true and correct copy of the Forbearance Agreement. 5. The Harts have defaulted under the Note and Forbearance Agreement by failing to make payment when due thereunder. 6. The Harts have no right to cure their payment defaults under the Forbearance Agreement. 7. Integrity has accelerated the entire indebtedness due and owing under the Forbearance Agreements as a result of the Harts defaults thereunder. 8. The Note and the Forbearance Agreement, as well as applicable law, do not require Integrity to provide notice prior to accelerating the indebtedness thereunder and/or provide for any right to cure these payment defaults. 9. The Forbearance Agreement provides that upon a default thereunder Integrity may confess judgment against the Harts for the entire principal balance due and owing thereunder along with costs, costs of suit, reasonable attorney's fees, default interest, interest penalty and late charges along with interest accruing on the judgment at ten percent per annum. 10. The total sums due and owing under the Note and the Forbearance Agreement as of July 7, 2009 are itemized as follows: Principal: $ 234,882.31 Accrued Interest: 1,931.77 Late Fees: 472.08 Total: $ 237,286.16* *along with interest accruing at the current per diem rate of $64.35, costs and reasonable attorney's fees until paid in full (the "Indebtedness") 11. All conditions precedent have been satisfied to allow Integrity to confess judgment for the Indebtedness against the Harts under the Forbearance Agreement. 12. Integrity is the holder of the Note and the Forbearance Agreement. 13. The Note and the Forbearance Agreement were executed and delivered in connection with a business transaction and judgment is not being entered by confession against a natural person in connection with a consumer credit transaction. 14. Judgment has not been confessed or entered under the Forbearance Agreement in any other jurisdiction. WHEREFORE, Plaintiff, Integrity Bank, hereby requests this Court to enter judgment by confession against Defendants, Richard P. Hart Jr. and Nancie J. Hart in the amount of $237,286.16 as of July 7, 2009 along with interest accruing at the current per diem rate of $64.35, costs and reasonable attorney's fees until paid in full Date: July 21, 2009 McNEES WALLACE & NURICK LLC By, Clayton W. vidson PA Attorney I.D. No. 79139 100 Pine Street - P. 0. Box 1166 Harrisburg, PA 17108-1166 Phone: (717) 232-8000 Direct Fax: (717) 260-1678 cdavidson(i?mwn.com Attorneys for Integrity Bank VERIFICATION I, Gary G. Klick, Vice President of Integrity Bank, verify that I am authorized to make this verification on behalf of Integrity Bank, and that the facts contained in the foregoing Complaint are true and correct to the best of my knowledge, information and belief and that the same are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Gary G. Kli k as Vice President of Integrity Bank C-Xk1b,'+ A 0 it MOd %OE P01363ad %OOL NOTE soft AW6? December 17, 2003 Camp Hill, PA [Date] [City / State] 326,328,330,332 SWATARA STREET, STEELTON, PA 17113 [Property Address] 1. BORROWER'S PROMISE TO PAY In return for a loan that i have received, I promise to pay U.S. $252,800.00 (this amount is called "Principal"), plus interest, to the order of the Lender. The Lender Is Integrity Bank. I will make all payments under this Note in the form of cash, check or money order. I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note Is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay Interest at a yearly rate of 8.375%. The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making a payment every month. I will make my monthly payment on the 15th day of each month beginning on January 15, 2004. 1 will make these payments every month until I have paid all of the principal and Interest and any other charges described below that I may owe under this Note. Each monthly payment will be applied as of Its scheduled due date and will be applied to Interest before Principal. If, on December 15, 2033, 1 still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "Maturity Date." I will make my monthly payments at Integrity Bank, Camp Hill Office, 3345 Market Street, Camp Hill, PA 17011 or at a different place if required by the Note Holder, (B) Amount of Monthly Payments My monthly payment will be in the amount of U.S. 81,576.02. 4. BORROWER'S RIGHT TO PREPAY I have the right to make payments of Principal at anytime before they are due. A payment of Principal only Is known as a 'Prepayment." When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. I may not designate a payment as a Prepayment if I have not made all the monthly payments due under the Note. I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the Principal amount of the Note. If I make a partial Prepayment, there will be no changes in the due date or In the amount of my monthly payment unless the Note Holder agrees In writing to those changes. 5. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, Is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and {b) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charges for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the and of 15 calendar days after the date It is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5.000% of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. MULTISTATE FIXED RATE NOTE--Single Family-Fannie Mae/Fraddle Mac UNIFORM INSTRUMENT Form 3200 1101 Page 1 of 3 (B) Default It i do not pay the full amount of each rthly payment on the date it is due, I will be in defaul?- (C) Notice of Default It I am In default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the.notice is mailed to me or delivered by other means. (D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costa and expenses in enforcing this Note to the extent not prohibited by epplkable law. Those expenses include, for example, reasonable attorneys' fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering It or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering It or by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address If I am given a notice of that different address. S. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more then one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce Its rights under this Note against each person individually or against all of us together. This means that any one of us miry be required to pay all of the amounts owed under this Note. 9. WAIVERS I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 10. UNIFORM SECURED NOTE __ This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make In this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment In full of all amounts I owe under this Note. Some of those conditions are described as follows: If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower Is not a natural person and a beneficial interest In Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. if Lender exercises this option, Lender shah give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given In accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this psriod, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. c MULTISTATE FIXED RATE NOTE--Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3200 1/01 Page 2 of 3 WITNESS THE HAND(S) AND SEALIS) OF I,- UNDERSIGNED. -%Ir. - aorrower - 148-76-4852 .. .vic nnn? - ovrrvwer Social Secu er - 176.52.7285 [Sign Original Only) J MULTISTATE FIXED RATE NOTE-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3200 1101 Page 3 of 3 FORBEARANCE AND LOAN MODIFICATION AGREEMENT THIS FORBEARANCE AND LOAN MODIFICATION AGREEMENT (this "Agreement") is entered into as of January ?E , 2008, by and between, INTEGRITY BANK, a Pennsylvania banking institution doing business at 3345 Market Street, Camp Hill, Pennsylvania 17011 (the "Bank") and RICHARD P. HART, JR. and NANCIE J. HART (collectively "the Harts"), are an adult married couple last known residing at 5154 Kylock Road, Mechanicsburg, Pennsylvania, 17055 who hereby agree as follows: Background WHEREAS, on December 17, 2003, Integrity loaned the Harts $252,800.00 (the "Loan") to purchase the real property known and numbered as 326-332 Swatara Street, Steelton, Dauphin County, Pennsylvania, 17113 and immediately thereafter the Harts executed and delivered to Integrity a certain promissory note (the "Note") evidencing the Loan; WHEREAS, on December 17, 2003, the Harts delivered to Integrity a mortgage (the "Mortgage") to secure the payments due under the Note against the Harts' real property known and numbered as 326-332 Swatara Street, Steelton, Dauphin County, Pennsylvania, 17113 and more particularly described in Record Book 2871, Page 205 in the Office of the Recorder of Deeds of Dauphin County (the "Real Property"); WHEREAS, the Mortgage encumbers the Real Property and was filed in the Office of the Recorder of Deeds of Dauphin County on January 12, 2004 at Record Book 5333, Page 493; WHEREAS, on November 7, 2008, Integrity filed a mortgage foreclosure action against the Harts at the Dauphin County Court of Common Pleas docketed at case number 2008-CV-15367-MF (the "Foreclosure Action"); WHEREAS, Integrity and the Harts (collectively the "Parties") intend to resolve any and all disputes, claims and/or causes of action that have arisen or might arise with respect to the Loan, the Note, the Mortgage and all other related documents (collectively the "Loan Documents") and/or the Foreclosure Action in accordance with the terms of this Agreement. NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties, intending to be legally bound hereby, agree as follows: 1. CONFIRMATION OF BACKGROUND. The Harts represent and warrant to Integrity, and covenants with Integrity, that the statements contained in the foregoing Background section of this Agreement are true and correct in all respects, made a material part of this Agreement. 2. NO CHALLENGE TO ENFORCEMENT. The Harts acknowledge and agree that they do not have any defenses, set-offs, counterclaims, recoupment or challenges against the payment of any sums owing under the Loan Documents or the enforcement of any of the rights or powers granted and/or exercised by Integrity under any other documents in connection with the Loan Documents. 3. FORBEARANCE. The Harts stipulates and agrees that the amount due and owing under the Loan Documents as of November 24, 2008 is itemized as follows: Principal: $236,048.84 Interest: $ 5,989.74 Late Fees: $ 40092 Satisfaction Fee: $ 43.50 Legal Fees: $ 1,530.50 Discontinuance Fee $ 75.00 TOTAL: $244,088.50* *ALONG WITH INTEREST ACCURING AT THE PER DIEM RATE OF $41.23, LATE FEES, COSTS AND REASONABLE ATTORNEY'S FEES AS ALLOWED BY LAW FOR COSTS OF COLLECTION UNTIL PAID IN FULL. (the "Indebtedness") The Harts shall pay $1,616.51 on or before January 15, 2008 (the "Settlement Payment") and $1,576.02 continuing on the fifteenth of each month thereafter until the Indebtedness (which includes interest, costs and attorneys fees incurred by Integrity Bank) is paid in full. The Harts are deemed to know that payments are due by the fifteenth of each month and there is no right to cure any payments due and owing Integrity. Integrity shall discontinue the Foreclosure Action upon payment in full of the Settlement Payment with good and available funds. The Harts shall have, no more than three (3) tunes per calendar year starting in 2009, a fifteen (15) day grace period to cure any Settlement Payment that isn't made by the fifteenth of said month when due. Nothing contained herein shall require Integrity Bank to provide the Harts notice of this fifteen (15) day grace period. 4. RELEASE OF INTEGRITY. The Harts, along with his respective heirs and assigns, hereby fully, finally and forever release and discharge Integrity, its predecessors, and its officers, directors, employees, agents, attorneys, successors and assigns of and from any and all claims, liabilities, damages, demands and/or cause or causes of action, of or for the benefit (whether directly or indirectly) of each, at law or in equity, contingent or otherwise, whether asserted or unasserted, whether now known or hereafter discovered, whether statutory, in contract or in tort, as well as any other kind or character of action now held, owned or possessed (whether directly or indirectly) by the Harts including without limitation any such claims on account of, arising out of, related FOREGOING RIGHT AND REMEDY IS IN ADDITION TO AND NOT IN LIEU OF ANY OTHER RIGHT OR REMEDY AVAILABLE TO INTEGRITY UNDER THIS AGREEMENT OR OTHERWISE. THE HARTS, BEING FULLY AWARE OF THE RIGHT TO NOTICE AND A HEARING CONCERNING THE VALIDITY OF ANY AND ALL CLAIMS THAT MAY BE ASSERTED AGAINST THEM BY INTEGRITY BEFORE A JUDGMENT CAN BE ENTERED HEREUNDER OR BEFORE EXECUTION MAY BE LEVIED ON SUCH JUDGMENT AGAINST ANY AND ALL PROPERTY OF THE HARTS, HEREBY WAIVE THESE RIGHTS AND AGREE AND CONSENT TO JUDGMENT BEING ENTERED BY CONFESSION AGAINST THEM IN ACCORDANCE WITH THE TERMS HEREOF AND EXECUTION BEING LEVIED ON SUCH JUDGMENT AGAINST ANY AND ALL PROPERTY OF THE HARTS, IN EACH CASE WITHOUT FIRST GIVING NOTICE AND THE OPPORTUNITY TO BE HEARD ON THE VALIDITY OF THE CLAIM OR CLAIMS UPON WHICH SUCH JUDGMENT IS ENTERED. J R.H. (initials) N.H. (initials) 9. MISCELLANEOUS PROVISIONS. (a) Except as specifically provided herein, no course of dealing between Integrity and any other party, and no failure to exercise, or any delay in exercising, on the part of Integrity, any right, power or privilege hereunder or under the Loan Documents shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege hereunder or thereunder preclude any other or further exercise thereof or the exercise of any other right, power or privilege. Nothing contained herein shall be deemed to obligate Integrity to enter into any other forbearance agreement or to waive any other defaults under the Loan Documents. (b) All of Integrity's rights and remedies with respect to this Agreement and the Loan Documents shall be cumulative and may be exercised singularly or concurrently. (c) The benefits and burdens of this Agreement shall inure to the benefit of and be binding upon the respective successors and permitted assigns of the Parties. (d) The rights and benefits of this Agreement shall not inure to the benefit of any third party who is not a Party. (e) EACH OF THE PARTIES HEREBY WAIVES ANY RIGHT TO TRIAL BY JURY ON ANY CLAIM, DEMAND, ACTION OR CAUSE OF ACTION (i) ARISING UNDER THIS AGREEMENT OR IN ANY WAY CONNECTED WITH OR RELATED OR INCIDENTAL TO THE DEALINGS OF THE HARTS WITH to or concerning, whether directly or indirectly, proximately or remotely to any action or inaction by Integrity in connection with the Loan Documents and/or the Foreclosure Action. 5. DEFAULT. A default shall occur hereunder if the Harts fail to make any payment when due under paragraph 3 of this Agreement and/or the Loan Documents. 6. REMEDIES. The following shall occur upon any default hereunder by the Harts: (a) Integrity's agreement to forbear as described in Paragraph 3 hereof shall immediately expire; (b) Integrity shall be immediately entitled to exercise any and all of its rights and remedies available to it under applicable law, including, but not limited to its rights under the Note and/or the Mortgage in its sole discretion. 7. WAIVER OF DEFAULT NOTICE. The Parties agree that the right to cure provision contained in paragraph 6(c) of the Note, or any other right to cure provision contained in the Loan Documents, is deemed stricken and no longer of legal effect. All other terms, rights and remedies of the Loan Documents shall remain in full force and effect despite the Harts waiver of default notice hereunder. 8. CONFESSION OF JUDGMENT. THE HARTS RATIFY AND REAFFIRM ALL CONFESSION OF JUDGMENT RIGHTS GRANTED TO INTEGRITY BANK AGAINST THEM UNDER THE LOAN DOCUMENTS. FURTHEROMRE, THE HARTS TO THE EXTENT PERMITTED BY LAW, AND WITHOUT FURTHER CONSENT OF OR NOTICE TO THE THEM, HEREBY IRREVOCABLY AND UNCONDITIONALLY AUTHORIZE THE CLERK OF COURT, PROTHONOTARY OR ANY ATTORNEY OF ANY COURT OF RECORD IN THE COMMONWEALTH OF PENNSYLVANIA, OR ANY OTHER JURISDICTION, AS ATTORNEY FOR THE HARTS, TO APPEAR FOR THE HARTS IN SUCH COURT AND CONFESS JUDGMENT AGAINST THEM IN FAVOR OF INTEGRITY BANK AT ANY TIME AFTER ANY DEFAULT HEREUNDER OR THE LOAN DOCUMENTS FOR ALL OR ANY PORTION OF THE UNPAID PRINCIPAL BALANCE OF THIS NOTE TOGETHER WITH COSTS, COSTS OF SUIT, REASONABLE ATTORNEY'S FEES FOR COLLECTION, DEFAULT INTEREST, INTEREST PENALTY AND LATE CHARGES. INTEREST SHALL ACCRUE ON THE JUDGMENT AT THE RATE OF TEN PERCENT (10%) PER ANNUM ALONG WITH ANY LATE CHARGE DUE UNDER THE NOTE UNTIL THE JUDGMENT IS PAID IN FULL; AND FOR SO DOING THIS NOTE OR A COPY HEREOF SHALL BE A SUFFICIENT WARRANT. THE AUTHORITY TO ENTER JUDGMENT SHALL NOT BE EXHAUSTED BY ONE EXERCISE HEREOF, BUT, TO THE EXTENT PERMITTED BY LAW, SHALL CONTINUE FROM TIME TO TIME UNTIL FULL PAYMENT OF ALL SUMS DUE HEREUNDER. THE INTEGRITY INCLUDING, BUT NOT LIMITED TO, ANY DEALINGS IN CONNECTION WITH THE LOAN DOCUMENTS. THE HARTS AGREE AND CONSENT THAT ANY SUCH CLAIM, DEMAND, ACTION OR CAUSE OF ACTION SHALL BE DECIDED BY A BENCH TRIAL WITHOUT A JURY, AND THAT ANY PARTY MAY FILE AN ORIGINAL COUNTERPART OR A COPY OF THIS SECTION WITH ANY COURT AS WRITTEN EVIDENCE OF THE CONSENT OF SUCH PARTY TO THE WAIVER OF SUCH PARTY'S RIGHT TO TRIAL BY JURY. THE HARTS ACKNOWLEDGE THEY HAVE CONSLUTED WITH OR HAD AN OPPORTUNITY TO CONSULT WITH, COUNSEL REGARDING THIS _AGREEMENT AND THAT THEY FULLY UNDERSTAND ITS TERMS CONTENT AND EFFECT, AND THAT SUCH OBLIGOR VOLUNTARILY AND KNOWINGLY AGREES TO THE TERMS OF THIS AGREEMENT. (f) This Agreement may be signed in any number of counterparts, each of which shall be an original, with the same effect as if all signatures were upon the same instrument. Delivery of an executed counterpart of the signature page to this Agreement by facsimile shall be effective as delivery of a manually executed counterpart of this Agreement, and any Party delivering such an executed counterpart of the signature page to this Agreement by facsimile to any other Party and thereafter also promptly deliver a manually executed counterpart of this Agreement to such other Party, provided that the failure to deliver such manually executed counterpart shall not affect the validity, enforceability, or binding effect of this Agreement. (g) In the event any one or more of the provisions contained in this Agreement is held to be invalid, illegal or unenforceable in any respect, then such provision shall be ineffective only to the extent of such prohibition or invalidity, and the validity, legality, and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby; (h) This Agreement shall be construed and enforced in accordance with the laws of the Commonwealth of Pennsylvania without regard to its conflicts of law principles; (i) The Parties declare and represent that they have knowingly and voluntarily entered into this Agreement and that they have: (i) relied and are relying solely their own judgment, belief, and knowledge of the legal nature, extent, effects, and consequences of the matters herein mentioned; (ii) in executing this Agreement the Parties are not relying upon any statement or representation not contained herein; and (iii) no promise, inducement or agreement not herein expressed has been made by the other Party; 0) The Parties agree that the language of all parts of this Agreement shall in all cases be construed as a whole, according to the fair meaning, and not strictly for or against any Party. IN WITNESS WHEREOF, each of the Parties have executed or caused this Agreement to be executed under seal the day and year first above written. INTEGRITY BANK By (SEAL) Ro ert K. Day, Executi Vice President RICHARD P. HART, J IL (SEAL) NANCIE J. HA T r + ? rr EAL) pin. - r'1 0? ?? ? Fz:e "ARY 2H9 J' 1. 23 P i'll 12: 42 4aq.5o Po A-c-rl Gc,4t 18aWo R* aa8,cgDa uc?te INTEGRITY BANK, Plaintiff V. RICHARD P. HART, JR., and NANCIE J. HART, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CASE NO. Oq - 4qq Livi I Te tft CIVIL ACTION - LAW CERTIFICATE OF ADDRESS OF PLAINTIFF I hereby certify that the address of the Plaintiff, Integrity Bank, is a Pennsylvania banking institution with its principal place of business located at 3345 Market Street, Camp Hill, Pennsylvania, 17011. Date: July 22, 2009 McNEES WA?LLACE & NURICK LLC f By r.-?__----- Clayton W. Dav' son PA Attorney 1.11). No. 79139 McNees Wallace & Nurick LLC 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 260-1678 (Direct Fax) (717) 232-8000 (Phone) cdavidsonAmwn.com Attorneys for Plaintiff, Integrity Bank Fil PD--?ji:H E: OF THE' F; 1'7 glN'OTA,9Y 2099 JUL 23 PIN 0 ' 2 Cit11v a 71 { f p ?.? a ^, s not?an : l?qA N1,4 I N',S+ INTEGRITY BANK, Plaintiff V. RICHARD P. HART, JR., and NANCIE J. HART, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CASE NO. oq - qqql Clvi I Team : CIVIL ACTION -LAW CERTIFICATE OF RESIDENCE I, Clayton W. Davidson, Esquire, hereby certify that Defendants, Richard P. Hart, Jr. and Nancie J. Hart have a last known address of 5154 Kylock Road, Mechanicsburg, Pennsylvania, 17055. Date: July 21, 2009 McNEES WALLACE & NURICK LLC By 4- Clayton W. vidson PA Attorne I.D. No. 79139 McNees Wallace & Nurick LLC 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 260-1678 (Direct Fax) (717) 232-8000 (Phone) cdavidson(&mwn.com Attorneys for Plaintiff, Integrity Bank FILED-CA, =D=ICE OF THE PRJ'`IONCRAPY 2009 JUL 23 PM 12. ck 2 f INTEGRITY BANK, V. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CASE NO. CA - y941 Civ? l? RICHARD P. HART, JR., and NANCIE J. HART, Defendants CIVIL ACTION - LAW AFFIDAVIT OF NON-MILITARY SERVICE AND LAST-KNOWN ADDRESSES OF RICHARD P. HART, JR. AND NANCIE J. HART COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN . SS. The undersigned, being duly sworn according to law, deposes and says that to the best of my information and belief Richard P. Hart, Jr. and Nancie J. Hart are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act, f/k/a the Soldier's and Sailor's Civil Relief Act of 1940, 50 U.S.C. App. 501, et seq. Richard P. Hart, Jr. and Nancie J. Hart are over eighteen (18) years of age and were last known residing at 5154 Kylock Road, Mechanicsburg, Pennsylvania, 17055. Clayton . D dson SWORN and subscribed to before me this day Jul , Public 7 COMMONWEALTH OF PENNSYLVANIA Aotaryy M Commission Expires ?? Sep Y Ellen M. Palmer, Notary PUblic (SEAL) My Co mmistimE)q*wAm.1.2o 0 OF THE P ? r;-:,0N:I0TARY 2009 JUL 23 PM i2: 4 2 w QTY' CLI'M ''?4 PEE I ?LVAN !,!A INTEGRITY BANK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. RICHARD P. HART, JR., and NANCIE J. HART, Defendants CASE NO. pq _ qqq (1V; lTern CIVIL ACTION - LAW NOTICE UNDER PA.R.C.P. NO. 2958.1 OF JUDGMENT AND EXECUTION THEREON TO: Richard P. Hart, Jr. Nancie J. Hart 5154 Kylock Road Mechanicsburg, PA 17055 A judgment in the amount of $237,286.16 has been entered against you and in favor of Integrity Bank, in the above captioned case without any prior notice or hearing based on a confession of judgment contained in a written agreement or other paper allegedly signed by you. The sheriff may take your money or other property to pay the judgment at any time after thirty (30) days after the date on which this notice is served on you. You may have legal rights to defeat the judgment or to prevent your money or property from being taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR 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 OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or (800) 990-9108 Date: July 21, 2009 McNEES WALLACE & NURICK LLC By: Clayton W. Da ' son Attorney I.D. 9139 100 Pine Street-P.O. Box 1166 Harrisburg, PA 17108-1166 Direct Fax: 717-260-1678 Phone: 717-232-8000 cdavidson&mwn.com Attorneys for Plaintiff, Integrity Bank RLED-0wi-FLE OF TKE PIRO `_ I"'N"OT'APY 2009 JUL 23 PAS 12: 4 2 INTEGRITY BANK, V. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA RICHARD P. HART, JR., and NANCIE J. HART, Defendants : CASE NO. 09-4991 CIVIL ACTION - LAW RETURN OF SERVICE REGARDING NOTICE UNDER Pa.R.Civ.P. 2958.1 OF JUDGMENT AND EXECUTION THEREON Plaintiff, Integrity Bank, files this Return of Service in accordance with Pa. R. Civ. P. 2958.1(c) and hereby swears and affirms that Defendants, Richard P. Hart, Jr. and Nancie J. Hart, were served with a Notice under Pa. R.C.P. No. 2958.1 of Judgment and Execution Thereon by Certified Mail on August 1, 2009, at 5154 Kylock Road, Mechanicsburg, PA 17055, as provided by Pa.R.Civ.P. 403, as is evidenced by a true and correct copy of the Certified Mail card attached hereto. McNEES WALLACE & NURICK LLC Z' ,, ?? Date: August 4, 2009 By: /' Cla n W. Davi on Attorney I.D. 7 39 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108-1166 Direct Fax: 717-260-1678 Phone: 717-232-8000 cdavidson(a,mwn. corn Attorneys for Integrity Bank f • ------ ------------------------- --------------------------- ---------------- 2. Article Number d by (Please t cis son 7x??) 7160 3901 9648 1688 9817 D. S delivery adfK9941111hrent fn if YES, enter dalivery address 3. Service Type CERTIFIED MAIL, 4. Restricted Delivery? (Extra Fee) [Yes 1. Article Addressed to: Richard P. Hart, Jr. jj? Nancie J. Hart 5154 Kylock Road 21328-51 Mechanicsburg, PA 17055 1? /-09 Agettt 0 Addre«e. ? Yes ? W 225 - Davidson PS Form 3811, January 2005 Domestic Return Receipt I_tC, -3 Aij J i ! : J i INTEGRITY BANK, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : NO. 09-4991 CIVIL TERM V. CIVIL ACTION - LAW RICHARD P. HART, JR. and : NANCIE J. HART, Defendants PETITION TO OPEN OR STRIKE JUDGMENT INCORPORATING ANSWER WITH NEW MATTER Defendants, Richard P. Hart, Jr., and Nancie J. Hart, hereby file this Petition to Open or Strike Judgment pursuant to Pa. R.C.P. 2959 in support thereof and avers as follows: Plaintiff, Integrity Bank, filed a Confession of Judgment and Complaint for Confession of Judgment on July 23, 2009. A true and correct copy of said Confession of Judgment is attached hereto and incorporated herein as Exhibit A. In further support of this Petition, the Defendants, Richard P. Hart, Jr., and Nancie J. Hart, will answer the averments set forth in Plaintiffs Complaint for Confession of Judgment as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Denied. Defendants made payments when due under the note and modification agreement up through the date of the Judicial Sale (June 29, 2009) wherein Plaintiff purchased the property which was the collateral for this loan. Thereafter, Defendant submitted additional payments by checks which to date remain uncashed. 6. Admitted in part and Denied in part. It is admitted that the modification agreement deprives the defendants of a write to cure on it's face. It is denied that the defendants knowingly gave up this right as it was signed under coercion and duress. 7. Admitted in part. Denied in part. It is admitted that Integrity Bank has accelerated the entire indebtedness due and owing under the forbearance agreement. It is denied that the Harts have defaulted thereunder and is further denied that Integrity Bank has the right and grounds to accelerate the entire indebtedness due. 8. Denied. The averments set forth in Paragraph 8 are legal conclusions to which no responsive pleading is required. To the extent a responsive is required, the same is denied. 9. Admitted. 10. Admitted. 11. Denied. The averments set forth in Paragraph 11 are legal conclusions to which no responsive pleading is required. To the extent a responsive is required, the same is denied. 12. Admitted. 13. Denied. 14. Admitted. WHEREFORE, the Defendants, Richard P. Hart, Jr., and Nancie J. Hart, request this Honorable Court to open the Judgment by Concession as prayed for following Defendants' New Matter. NEW MATTER 1. The Defendants' responses to paragraphs 1-14 are incorporated herein as set forth fully. 2. The obligation as evidenced by the note and forbearance and loan modification agreement were also secured by a mortgage with Plaintiff, Integrity Bank, to secure the obligation and collateralizing real property known and numbered as 326-332 Swatara Street, Steelton, Dauphin County, Pennsylvania 17113. 3. Said mortgage by and between Richard P. Hart, Jr., and Nancie J. Hart and Integrity Bank was dated December 17, 2003, and recorded in Record Book 2871, Page 205, in the Office of the Recorder of Deeds for Dauphin County, Pennsylvania. 4. On or about June 29, 2009, the aforementioned real property was subject to a judicial sale at which time Integrity Bank purchased the property, securing the obligation as evidenced by the mortgage, note and forbearance and modification agreement. 5. The Judgment by Confession should be opened and reduced by the fair market value of the collateral previously taken by Integrity Bank. 6. Integrity Bank now owns the property located at 326-332 Swatara Street, and has listed the same for sale for $299,000. WHEREFORE, Defendants, Richard P open the judgment and modify the same by 1 back by the Plaintiff, Integrity Bank. frt, Jr., and Nancie J. Hart, request this Court to fair market value °f the collateral already taken OkIO :375971 CERTIFICATE OF SERVICE AND NOW, this day of , 2009, the undersigned does hereby certify that he did this date serve a cop of the foregoing Petition upon all parties or counsel of record by depositing a copy of the same in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Clayton W. Davidson 100 Pine Street Harrisburg PA 17108-2266 Attorney for Plaintiff INTEGRITY BANK, V. IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CASE NO. 1"NQ_yr1e, RICHARD P. HART, JR., and NANCIE J. HART, Defendants : CIVIL ACTION -LAW NOTICE UNDER PA.R.C.P. NO. 2958.1 OF JUDGMENT AND EXECUTION THEREON TO: Richard P. Hart, Jr. Nancie J. Hart 5154 Kylock Road Mechanicsburg, PA 17055 A judgment in the amount of $237,286.16 has been entered against you and in favor of Integrity Bank, in the above captioned case without any prior notice or hearing based on a confession of judgment contained in a written agreement or other paper allegedly signed by you. The sheriff may take your money or other property to pay the judgment at any time after thirty (30) days after the date on which this notice is served on you. You may have legal rights to defeat the judgment or to prevent your money or property from being taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR 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 OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or (800) 990-9108 Date: July 21, 2009 McNEES WALLACE & NURICK LLC By. Clayton W. Da son Attorney I.D. 9139 100 Pine Street-P.O. Box 1166 Harrisburg, PA 17108-1166 Direct Fax: 717-260-1678 Phone: 717-232-8000 cdavidsonMmwn. com Attorneys for Plaintiff, Integrity Bank INTEGRITY BANK, Plaintiff V. RICHARD P. HART, JR., and NANCIE J. HART, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CASE NO. 1q - qqq C? V; I T CIVIL ACTION - LAW N 0 f„" 1 . _ w 1. ? ?1 tr\d NOTICE OF ENTRY OF JUDGMENT TO: Richard P. Hart, Jr. Nancie J. Hart 5154 Kylock Road Mechanicsburg, Pennsylvania, 17055. You are hereby notified that on July A21 2009 a judgment by confession was entered against each of you in the above-captioned case in favor of Integrity Bank as follows: Principal: $ 234,882.31 Accrued Interest: 1,931.77 Late Fees: 472.08 Total: $ 237,286.16* *along with interest accruing at the current per diem rate of $64.35 from and following July 7, 2009, costs and reasonable attorney's fees until paid in full DATE: P JO INTEGRITY BANK, V. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA RICHARD P. HART, JR., and NANCIE J. HART, Defendants CASE NO. : CIVIL ACTION -LAW CONFESSION OF JUDGMENT Pursuant to the authority contained in the Note and the Forbearance Agreement, defined in the Complaint filed in the above captioned case and evidenced by Exhibits A and B to said Complaint, we appear for Defendants, Richard P. Hart, Jr. and Nancie J. Hart and confess judgment against them in favor of Plaintiff, Integrity Bank, as follows: Principal: $ 234,882.31 Accrued Interest: 1,931.77 Late Fees: 472.08 Total: $ 237,286.16* *along with interest accruing at the current per diem rate of $64.35 from and following July 7, 2009, costs and reasonable attorney's fees until paid in full Date: July 21, 2009 McNEES WALLACE & NURICK LLC By 4/ f .-=-- Clayton . D dson PA Attorney I. . No. 79139 McNees Wallace & Nurick LLC 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 260-1678 (Direct Fax) (717) 232-8000 (Phone) cdavidson(a,mwn. com Attorneys for Plaintiff, Integrity Bank INTEGRITY BANK, V. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CASE NO. RICHARD P. HART, JR., and NANCIE J. HART, Defendants : CIVIL ACTION -LAW NOTICE UNDER PA.R.C.P. NO. 2958.1 OF JUDGMENT AND EXECUTION THEREON TO: Richard P. Hart, Jr. Nancie J. Hart 5154 Kylock Road Mechanicsburg, PA 17055 A judgment in the amount of $237,286.16 has been entered against you and in favor of Integrity Bank, in the above captioned case without any prior notice or hearing based on a confession of judgment contained in a written agreement or other paper allegedly signed by you. The sheriff may take your money or other property to pay the judgment at any time after thirty (30) days after the date on which this notice is served on you. You may have legal rights to defeat the judgment or to prevent your money or property from being taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR 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 OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or (800) 990-9108 Date: July 21, 2009 McNEES WALLACE & NURICK LLC By: Clayton W. Da son Attorney I.D. 9139 100 Pine Street-P.O. Box 1166 Harrisburg, PA 17108-1166 Direct Fax: 717-260-1678 Phone: 717-232-8000 cdavidson(&mwn.com Attorneys for Plaintiff, Integrity Bank Clayton W. Davidson PA Attorney I.D. # 79139 McNees Wallace & Nurick LLC 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108-1166 Phone: (717) 232-8000 Direct Fax: (717) 260-1678 cdavidson@mwn.com Attorneys for Integrity Bank INTEGRITY BANK, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. RICHARD P. HART, JR., and NANCIE J. HART, Defendants : CASE NO. CIVIL ACTION - LAW COMPLAINT FOR CONFESSION OF JUDGMENT Plaintiff, Integrity Bank, by and through its undersigned counsel, hereby files this Complaint for Confession of Judgment pursuant to Pa.R.C.P. No. 2951(b) and in support thereof avers the following: 1. Plaintiff, Integrity Bank ("Integrity"), is a Pennsylvania banking institution with its principal place of business located at 3345 Market Street, Camp Hill, Pennsylvania, 17011. 2. Defendants, Richard P. Hart, Jr. and Nancie J. Hart (collectively "the Harts"), are an adult married couple last known residing at 5154 Kylock Road, Mechanicsburg, Pennsylvania, 17055. 3. On December 17, 2003, the Harts borrowed $252,800.00 (the "Loan") from Integrity for a business purpose and immediately thereafter executed and delivered to Integrity a certain promissory note (the "Note") evidencing the Loan. Attached hereto as Exhibit A and incorporated herein by reference is a true and correct copy of the Note. 4. On January 22, 2008, the Harts and Integrity entered into a forbearance and loan modification agreement (the "Forbearance Agreement") to modify certain terms of the Loan. Attached hereto as Exhibit B and incorporated herein by reference is a true and correct copy of the Forbearance Agreement. 5. The Harts have defaulted under the Note and Forbearance Agreement by failing to make payment when due thereunder. 6. The Harts have no right to cure their payment defaults under the Forbearance Agreement. 7. Integrity has accelerated the entire indebtedness due and owing under the Forbearance Agreements as a result of the Harts defaults thereunder. 8. The Note and the Forbearance Agreement, as well as applicable law, do not require Integrity to provide notice prior to accelerating the indebtedness thereunder and/or provide for any right to cure these payment defaults. 9. The Forbearance Agreement provides that upon a default thereunder Integrity may confess judgment against the Harts for the entire principal balance due and owing thereunder along with costs, costs of suit, reasonable attorney's fees, default interest, interest penalty and late charges along with interest accruing on the judgment at ten percent per annum. 10. The total sums due and owing under the Note and the Forbearance Agreement as of July 7, 2009 are itemized as follows: Principal: $ 234,882.31 Accrued Interest: 1,931.77 Late Fees: 472.08 Total: $ 237,286.16* *along with interest accruing at the current per diem rate of $64.35, costs and reasonable attorney's fees until paid in full (the "Indebtedness"). 11. All conditions precedent have been satisfied to allow Integrity to confess judgment for the Indebtedness against the Harts under the Forbearance Agreement. 12. Integrity is the holder of the Note and the Forbearance Agreement. 13. The Note and the Forbearance Agreement were executed and delivered in connection with a business transaction and judgment is not being entered by confession against a natural person in connection with a consumer credit transaction. 14. Judgment has not been confessed or entered under the Forbearance Agreement in any other jurisdiction. WHEREFORE, Plaintiff, Integrity Bank, hereby requests this Court to enter judgment by confession against Defendants, Richard P. Hart Jr. and Nancie J. Hart in the amount of $237,286.16 as of July 7, 2009 along with interest accruing at the current per diem rate of $64.35, costs and reasonable attorney's fees until paid in full Date: July 21, 2009 McNEES WALLACE & NURICK LLC By: a4q-', Clayton W. avidson PA Attorney I.D. No. 79139 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108-1166 Phone: (717) 232-8000 Direct Fax: (717) 260-1678 cdavidsonAmwn com Attorneys for Integrity Bank VERIFICATION I, Gary G. Klick, Vice President of Integrity Bank, verify that I am authorized to make this verification on behalf of Integrity Bank, and that the facts contained in the foregoing Complaint are true and correct to the best of my knowledge, information and belief and that the same are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unworn falsification to authorities. Gary G. Kli k as Vice President of Integrity Bank NOTE OPY December 17, 2003 Camp Mil, PA [Date] [City / State] 326,328,330,332 SWATARA STREET, STEELTON, PA 17113 [Property Address] 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received. I promise to pay U.S. $252,800.00 (this amount is called "Principal"), plus Interest, to the order of the Lender. The Lender Is integrity Bank. 1 will make all payments under this Note In the form of cash, check or money order. I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay Interest at a yearly rate of 6.375%. The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making a payment every month. I will make my monthly payment on the 15th day of each month beginning on January 15, 2004. 1 will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to Interest Were Principal. If, 'on December 15, 2033, I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "Maturity Date." I will make my monthly payments at Integrity Bank, Camp Hill Office, 3345 Market Street, Camp Hill, PA 17011 or at a different place if required by the Note Holder, (B) Amount of Monthly Payments My monthly payment will be In the amount of U.S. 81,576.02. 4. BORROWER'S RIGHT TO PREPAY I have the right to make payments of Principal at any time before they are due: A payment of Principal only is known as a "Prepayment.' When 1 make a Prepayment, I will tell the Note Holder in writing that I am doing so. I may not designate a payment as a Prepayment If I have not made all the monthly payments due under the Nola. I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the Principal amount of the Note. If I make a partial Prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees In writing to those changes. S. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, Is finally Interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment. S. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charges for Overdue Payments (f the Note Holder has not received the full amount of any monthly payment by the and of 15 calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5.000% of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. MULTISTATE FIXED-RATS NOTE--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3200 1/01 Page 1 of 3 IS) Default It I do not pay the full amount of each ithly payment on the data it is due, I will be in default. (C) Notice of Default , If I am in default, the Note Holder may send me a written notice telling me that if 1 do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the.notice Is mailed to me or delivered by other means. (D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. IE) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering It or by mailing it by first class mail to the Note Haider at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more then one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Now Holder may enforce Its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 10. UNIFORM SECURED NOTE - This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections. given to the Note Holder under this Note, a Mortgage, Dead of Trust, or Security Deed (the 'Security instrument`), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which i make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows, If all or any part of the Property or any Interest in the Property Is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shell not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lander shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given In accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may Invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. MULTISTATE FIXED RATE NOTE-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3200 1101 Page 2 of 3 WITNESS THE HAND(S) AND SEAL(S) OFT i.: UNDERSIGNED. ...r. - oorrower - 149-76-4852 . --/ Social Seca - - oorrower ber - 176.62.7286 ISign Original Only] MULTISTATE FIXED RATE NOTE-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3200 1/01 Page 3 of 3 FORBEARANCE AND LOAN MODIFICATION AGREEMENT THIS FORBEARANCE AND LOAN MODIFICATION AGREEMENT (this "Agreement') is entered into as of January tZ , 2008, by and between, INTEGRITY BANK, a Pennsylvania banking institution doing business at 3345 Market Street, Camp Hill, Pennsylvania 17011 (the "Bank") and 1UC- HARD P. HART JR. and NANCIE J. HART (collectively "the Harts"), are an adult married couple last known residing at 5154 Kylock Road, Mechanicsburg, Pennsylvania, 17055 who hereby agree as follows: Background. WHEREAS, on December 17, 2003, Integrity loaned the Harts $252,800.00 (the "Loan") to purchase the real property known and numbered as 326-332 Swatara Street, Steelton, Dauphin County, Pennsylvania, 17113 and immediately thereafter the Harts executed and delivered to Integrity a certain promissory note (the "Note") evidencing the Loan; WHEREAS, on December 17, 2003, the Harts delivered to Integrity a mortgage (the "Mortgage") to secure the payments due under the Note against the Harts' real property known and numbered as 326-332 Swatara Street, Steelton, Dauphin County, Pennsylvania, 17113: and more particularly described in Record Book 2871, Page 205 in the Office of the Recorder of Deeds of Dauphin County (the "Real Property"); WHEREAS, the Mortgage encumbers the Real Property and was filed in the Office of the Recorder of Deeds of Dauphin County on January 12, 2004 at Record Book 5333, Page 493; WHEREAS, on November 7, 2008, Integrity filed a mortgage foreclosure action against the Harts at the Dauphin County Court of Common Pleas docketed at case number 2008-CV-1 53 67-MF (the "Foreclosure Action"); WHEREAS, Integrity and the Harts (collectively the "Parties") intend to resolve any and all disputes, claims and/or causes of action that have arisen or might arise with respect to the Loan, the Note, the Mortgage and all other related documents (collectively the "Loan Documents") and/or the Foreclosure Action in accordance with the terms of this Agreement. NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties, intending to be legally bound hereby, agree as follows: 1. CONFIRMATION OF BACKGROUND. The Harts represent and warrant to Integrity, and covenants with Integrity, that the statements contained in the foregoing Background section of this Agreement are true and correct in all respects, made a material part of this Agreement. 2. NO CHALLENGE TO ENFORCEMENT. The Harts acknowledge and agree that they do not have any defenses, set-offs, counterclaims, recoupment or challenges against the payment of any sums owing under the Loan Documents or the enforcement of any of the rights or powers granted and/or exercised by Integrity under any other documents in connection with the Loan Documents. 3. FORBEARANCE. The Harts stipulates and agrees that the amount due and owing under the Loan Documents as of November 24, 2008 is itemized as follows: Principal: $236,048.84 Interest: $ 5,989.74 Late Fees: $ 40092 Satisfaction Fee: $ 43.50 Legal Fees: $ 1,530.50 Discontinuance Fee $ 75.00 TOTAL: $244,088.50* *ALONG WITH INTEREST ACCURING AT THE PER DIEM RATE OF $41.23, LATE FEES, COSTS AND REASONABLE ATTORNEY'S FEES AS ALLOWED BY LAW FOR COSTS OF COLLECTION UNTIL PAID IN FULL. (the "Indebtedness") The Harts shall pay $1,616.51 on or before January 15, 2008 (the "Settlement Payment") and $1,576.02 continuing on the fifteenth of each month thereafter until the Indebtedness (which includes interest, costs and attorneys fees incurred by Integrity Bank) is paid in full. The Harts are deemed to know that payments are due by the fifteenth of each month and there is no right to cure any payments due and owing Integrity. Integrity shall discontinue the Foreclosure Action upon payment in full of the Settlement Payment with good and available funds. The Harts shall have, no more than three (3) times per calendar year starting in 2009, a fifteen (15) day grace period to cure any Settlement Payment that isn't made by the fifteenth of said month when due. Nothing contained herein shall require Integrity Bank to provide the Harts notice of this fifteen (15) day grace period. 4. RELEASE OF INTEGRITY. The Harts, along with his respective heirs and assigns, hereby fully, finally and forever release and discharge Integrity, its predecessors, and its officers, directors, employees, agents, attorneys, successors and assigns of and from any and all claims, liabilities, damages, demands and/or cause or causes of action, of or for the benefit (whether directly or indirectly) of each, at law or in equity, contingent or otherwise, whether asserted or unasserted, whether now known or hereafter discovered, whether statutory, in contract or in tort, as well as any other kind or character of action now held, owned or possessed (whether directly or indirectly) by the Harts including without limitation any such claims on account of, arising out of, related FOREGOING RIGHT AND REMEDY IS IN ADDITION TO AND NOT IN LIEU OF ANY OTHER RIGHT OR REMEDY AVAILABLE TO INTEGRITY UNDER THIS AGREEMENT OR OTHERWISE. THE HARTS, BEING FULLY AWARE OF THE RIGHT TO NOTICE AND A HEARING CONCERNING THE VALIDITY OF ANY AND ALL CLAIMS THAT MAY BE ASSERTED AGAINST THEM BY INTEGRITY BEFORE A JUDGMENT CAN BE ENTERED HEREUNDER OR BEFORE EXECUTION MAY BE LEVIED ON SUCH JUDGMENT AGAINST ANY AND ALL PROPERTY OF THE HARTS, HEREBY WAIVE THESE RIG14TS AND AGREE AND CONSENT TO JUDGMENT BEING ENTERED BY CONFESSION AGAINST THEM IN ACCORDANCE WITH THE TERMS HEREOF AND EXECUTION BEING LEVIED ON SUCH JUDGMENT AGAINST ANY AND ALL PROPERTY OF THE HARTS, IN EACH CASE WITHOUT FIRST GIVING NOTICE AND THE OPPORTUNITY TO BE HEARD ON THE VALIDITY OF THE CLAIM OR CLAIMS UPON WHICH SUCH JUDGMENT IS ENTERED. R.H. (initials) N.H. (initials) 9. MISCELLANEOUS PROVISIONS. (a) Except as specifically provided herein, no course of dealing between Integrity and any other party, and no failure to exercise, or any delay in exercising, on the part of Integrity, any right, power or privilege hereunder or under the Loan Documents shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege hereunder or thereunder preclude any other or fin-ther exercise thereof or the exercise of any other right, power or privilege. Nothing contained herein shall be deemed to obligate Integrity to enter into any other forbearance agreement or to waive any other defaults under the Loan Documents. (b) All of Integrity's rights and remedies with respect to this Agreement and the Loan Documents shall be cumulative and may be exercised singularly or concurrently. (c) The benefits and burdens of this Agreement shall inure to the benefit of and be binding upon the respective successors and permitted assigns of the Parties. (d) The rights and benefits of this Agreement shall not inure to the benefit of any third party who is not a Party. (e) EACH OF THE PARTIES HEREBY WAIVES ANY RIGHT TO TRIAL BY JURY ON ANY CLAIM, DEMAND, ACTION OR CAUSE OF ACTION (i) ARISING UNDER THIS AGREEMENT OR IN ANY WAY CONNECTED WITH OR RELATED OR INCIDENTAL TO THE DEALINGS OF THE HARTS WITH to or concerning, whether directly or indirectly, proximately or remotely to any action or inaction by Integrity in connection with the Loan Documents and/or the Foreclosure Action. 5. DEFAULT. A default shall occur hereunder if the Harts fail to make any payment when due under paragraph 3 of this Agreement and/or the Loan Documents. 6. REMEDIES. The following shall occur upon any default hereunder by the Harts: (a) Integrity's agreement to forbear as described in Paragraph 3 hereof shall immediately expire; (b) Integrity shall be immediately entitled to exercise any and all of its rights and remedies available to it under applicable law, including, but not limited to its rights under the Note and/or the Mortgage in its sole discretion. 7. WAIVER OF DEFAULT NOTICE. The Parties agree that the right to cure provision contained in paragraph 6(c) of the Note, or any other right to cure provision contained in the Loan Documents, is deemed stricken and no longer of legal effect. All other terms, rights and remedies of the Loan Documents shall remain in full force and effect despite the Harts waiver of default notice hereunder. 8. CONFESSION OF JUDGMENT. THE HARTS RATIFY AND REAFFIRM ALL CONFESSION OF JUDGMENT RIGHTS GRANTED TO INTEGRITY BANK AGAINST THEM UNDER THE LOAN DOCUMENTS. FURTHEROMRE, THE HARTS TO THE EXTENT PERMITTED BY LAW, AND WITHOUT FURTHER CONSENT OF OR NOTICE TO THE THEM, HEREBY IRREVOCABLY AND UNCONDITIONALLY AUTHORIZE THE CLERK. OF COURT, PROTHONOTARY OR ANY ATTORNEY OF ANY COURT OF RECORD IN THE COMMONWEALTH OF PENNSYLVANIA, OR ANY OTHER JURISDICTION, AS ATTORNEY FOR THE HARTS, TO APPEAR FOR THE HARTS IN SUCH COURT AND CONFESS JUDGMENT AGAINST THEM IN FAVOR OF INTEGRITY BANK AT ANY TIME AFTER ANY DEFAULT HEREUNDER OR THE LOAN DOCUMENTS FOR ALL OR ANY PORTION OF THE UNPAID PRINCIPAL BALANCE OF THIS NOTE TOGETHER WITH COSTS, COSTS OF SUIT, REASONABLE ATTORNEY'S FEES FOR COLLECTION, DEFAULT INTEREST, INTEREST PENALTY AND LATE CHARGES. INTEREST SHALL ACCRUE ON THE JUDGMENT AT THE RATE OF TEN PERCENT (10%) PER ANNUM ALONG WITH ANY LATE CHARGE DUE UNDER THE NOTE UNTIL THE JUDGMENT IS PAID IN FULL; AND FOR SO DOING THIS NOTE OR A COPY HEREOF SHALL BE A SUFFICIENT WARRANT. THE AUTHORITY TO ENTER JUDGMENT SHALL NOT BE EXHAUSTED BY ONE EXERCISE HEREOF, BUT, TO THE EXTENT PERMITTED BY LAW, SHALL CONTINUE FROM TIME TO TIME UNTIL FULL PAYMENT OF ALL SUMS DUE HEREUNDER. THE INTEGRITY INCLUDING, BUT NOT LIMITED TO, ANY DEALINGS IN CONNECTION WITH THE LOAN DOCUMENTS, THE HARTS AGREE AND CONSENT THAT ANY SUCH CLAIM, DEMAND, ACTION OR CAUSE OF ACTION SHALL BE DECIDED BY A BENCH TRIAL WI'T'HOUT A JURY, AND THAT ANY PARTY MAY FILE AN ORIGINAL COUNTERPART OR A COPY OF THIS SECTION WITH ANY COURT AS WRITTEN EVIDENCE OF THE CONSENT OF SUCH PARTY TO THE WAIVER OF SUCH PARTY'S RIGHT TO TRIAL BY JURY. THE HARTS ACKNOWLEDGE THEY HAVE CONSLUTED WITH, OR HAD AN OPPORTUNITY TO CONSULT WITH, COUNSEL REGARDING THIS AGREEMENT AND THAT THEY FULLY UNDERSTAND ITS TERMS CONTENT AND EFFECT, AND THAT SUCH OBLIGOR VOLUNTARILY AND KNOWINGLY AGREES TO THE TERMS OF THIS AGREEMENT. (f) This Agreement may be signed in any number of counterparts, each of which shall be an original, with the same effect as if all signatures were upon the same instrument. Delivery of an executed counterpart of the signature page to this Agreement by facsimile shall be effective as delivery of a manually executed counterpart of this Agreement, and any Party delivering such an executed counterpart of the signature page to this Agreement by facsimile to any other Party and thereafter also promptly deliver a manually executed counterpart of this Agreement to such other Party, provided that the failure to deliver such manually executed counterpart shall not affect the validity, enforceability, or binding effect of this Agreement. (g) In the event any one or more of the provisions contained in this Agreement is held to be invalid, illegal or unenforceable in any respect, then such provision shall be ineffective only to the extent of such prohibition or invalidity, and the validity, legality, and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby; (h) This Agreement shall be construed and enforced in accordance with the laws of the Commonwealth of Pennsylvania without regard to its conflicts of law principles; (i) The Parties declare and represent that they have knowingly and voluntarily entered into this Agreement and that they have: (i) relied and are relying solely their own judgment, belief, and knowledge of the legal nature, extent, effects, quid consequences of the matters herein mentioned; (ii) in executing this Agreement the Parties are not relying upon any statement or representation not contained herein; and (iii) no promise, inducement or agreement not herein expressed has been made by the other Party; (j) The Parties agree that the language of all parts of this Agreement shall in all cases be construed as a whole, according to the fair meaning, and not strictly for or against any Party. IN WITNESS WHEREOF, each of the Parties have executed or caused this Agreement to be executed under seal the day and year first above written. INTEGRITY By K. Day, Executi Vice President RICHARD P. ,ART, JR. , ?. NAIVCIE J. 11 OF ? HILE F ` ,T PY 200, r AUu 03 1 i 3 If : C 2 INTEGRITY BANK, Plaintiff V. RICHARD P. HART, JR. and NANCIE J. HART, Defendants SEP 0 ' 2009 6 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-4991 CIVIL TERM CIVIL ACTION - LAW RULE TO SHOW CAUSE AND NOW, this z? day of S.??rr,,,_i,? 2009, the Plaintiff herein is directed to show cause why the Relief requested in the attached Petition should not be granted . Rule returnable in 20 days. c;.I'G- S-N TH if qY 2L09 SEF' - .;P. 'I. 2 n4l.,( (2. - aut a(scv,) : CIVIL ACTION -LAW INTEGRITY BANK'S ANSWER TO DEFENDANTS' PETITION TO OPEN OR STRIKE JUDGMENT INCORPORATING ANSWER TO NEW MATTER Integrity Bank ("Integrity"), by and through its undersigned counsel, hereby files this Clayton W. Davidson PA Attorney I.D. # 79139 Dana M. Windisch PA Attorney I.D. # 208718 McNees Wallace & Nurick LLC 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108-1166 Phone: (717) 232-8000 Direct Fax: (717) 260-1678 cavidson@mwn.com Attorneys for Plaintiff, Integrity Bank INTEGRITY BANK, V. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA : CASE NO. 09-4991 CIVIL TERM RICHARD P. HART, JR., and NANCIE J. HART, Defendants Answer to Defendants, Richard P. Hart, Jr. and Nancie J. Hart's (together, "Defendants") Petition to Open Or Strike Judgment Incorporating Answer To New Matter, and in support thereof avers the following: 1. Integrity properly confessed judgment against the Defendants in the above captioned case under the terms of the forbearance agreement (the "Forbearance Agreement") attached as Exhibit A to Integrity's Complaint as a result of the payment defaults by the Defendants under the Forbearance Agreement. 2. The Defendants last payment under the Forbearance Agreement was on April 20, 2008 in the amount of $1,500.00 t 3. Integrity has cashed all checks presented by the Defendants for payment and would not have refused to cash any checks from the Defendants. 4. Integrity was compelled to purchase the real property located at 326-332 Swatara Street, Steelton, Dauphin County, Pennsylvania, Pennsylvania (the "Real Property") at a recent judicial tax sale to preserve its mortgage interest in the Real Property. 5. The Defendants failed to pay their taxes against the Real Property and are the only persons to blame for the Real Property being exposed to a judicial tax sale in Dauphin County. 6. Integrity will provide a future credit to the confessed judgment in the amount of the eventual sale price of the Real Property less any sale costs, taxes, attorney's fees and/or any other charges associated with the sale of the Real Property. ANSWER TO NEW MATTER 1. Integrity incorporates herein by reference its Complaint For Confession of Judgment as if set forth in full. 2. Admitted. 3. Admitted. 4. Admitted. 5. Denied. The averments of this paragraph constitute conclusions of law to which no response is required. To the extent a response is deemed required, the averments of these paragraphs are denied. By way of further answer, Defendants have not alleged that a fatal defect exists on the face of the record, and thus the judgment should not be stricken. By way of further answer, Defendants have not alleged a meritorious defense, and thus the judgment should not be opened. Opening a confessed judgment is not the proper procedure for securing a credit for the sale of the property. 2 6. Admitted. WHEREFORE, Integrity requests this Court to deny the Defendants Petition to Open or Strike. MCNEES WALLACE & NURICK LLC Date: September 21, 2009 By: ?? Clayt W. Da dson PA Attorney I.D. No. 79139 Dana M. Windisch PA Attorney I.D. No. 208718 McNees Wallace & Nurick LLC 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 260-1678 (Direct Fax) (717) 232-8000 (Phone) cdavidson@mwn.com Attorneys for Plaintiff, Integrity Bank 3 CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing document was served by first-class mail, postage prepaid, upon the following: Richard P. Hart, Jr. Nancie J. Hart 5154 Kylock Road Mechanicsburg, PA 17055 Clayto . Davidso Dated: September 21, 2009 VERIFICATION I, Gary G. Klick, Vice President of Integrity Bank, verify that I am authorized to make this verification on behalf of Integrity Bank, and that the facts contained in the foregoing Answer are true and correct to the best of my knowledge, information and belief and that the same are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Gary G. Klick as Vice President of Integrity Bank 5 r y 2009 S--r ' 2Z tit"i 11.x: L50 {e 10 li } pry ,., ?. ' i ,A•' INTEGRITY BANK, Plaintiff VS. RICHARD P. HART, JR., and NANCIE J. HART, Defendants : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 09-4991 CIVIL IN RE: DEFENDANTS' PETITION TO OPEN/STRIKE CONFESSED JUDGMENT ORDER AND NOW, this 3:O ? day of October, 2009, argument on the defendant's petition to open/strike confessed judgment is set for Thursday, November 19, 2009, at 3:30 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, ? Clayton W. Davidson, Esquire For the Plaintiff ichard P. Hart, Jr. Nancie J. Hart 5154 Kylock Road Mechanicsburg, PA 17055 rlm I ta`a a `o9 FiVE IF PT oTl ARY 2009 OCT 21 AM 8: 3 4 pt-, tvSVLV,4 INTEGRITY BANK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CASE NO. 09-4991 RICHARD P. HART, JR., and NANCIE J. HART, : Defendants CIVIL ACTION - LAW PRAECIPE TO VACATE TO THE PROTHONOTARY: Please vacate the judgment in the above captioned action, without prejudice. Date: November 16, 2009 McNEES WALLACE & NURICK LLC 1- By: Clayton W. Davidson Attorney I.D. 79139 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108-1166 Direct Fax: 717-260-1678 Phone: 717-232-8000 cdavidsona-mwn.com Attorneys for Integrity Bank CERTIFICATE OF SERVICE The undersigned hereby certifies on this day that a true and correct copy of the attached Praecipe to Vacate was served by first-class United States mail, postage prepaid, addressed as follows: Richard P. Hart, Jr. Nancie J. Hart 5154 Kylock Road Mechanicsburg, PA 17055 Date: November 16, 2009 Clayton W. avidson, Esquire pg.od?cl.?