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HomeMy WebLinkAbout10-22271-1E L' ILI F 1 F RI 5 c. GUt N? HENRY & BEAVER LLP By: John H. Whitmoyer I.D. #07038 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 COMMERCE BANK/HARRISBURG, N.A., t/d/b/a METRO BANK, Plaintiff vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 10 - (),%Vt j lerm MELISSA M. LEGGETT, Defendant PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of John H. Whitmoyer, of Henry & Beaver LLP, 937 Willow Street, P.O. Box 1140, Lebanon, PA 17042-1140, on behalf of rn h. wn .D.#07038 r Bank, the Plaintiff. Dated: March 31, 2010 HENRY & BEAVER LLP By: John H. Whitmoyer I.D. #07038 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 COMMERCE BANK/HARRISBURG, t/d/b/a METRO BANK, Plaintiff vs. MELISSA M. LEGGETT, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW No. 10- d2 l 1-ty; t Ir'V1 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. 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. s 0x.00 PQ A ?? (038(0 ?? a398.5s 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. MidPenn Legal Services 401 East Louther Street, Suite 103 Carlisle, PA 17013 (717) 243-9400 (800) 822-5288 Notice Required Under the Fair Debt Collection Practices Act. 15 U.S.C. X1601 (as amended) and the Pennsylvania Unfair Trade Practices Act and Consumer Protection Law, 73 Pa. Con. Stat. Ann. X201, 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 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: 2 John H. Whitmoyer, Esquire 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. HENRY & BEAVER LLP By: John H. Whitmoyer I.D. #07038 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 COMMERCE BANK/HARRISBURG, t/d/b/a METRO BANK, Plaintiff vs. MELISSA M. LEGGETT, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW No. COMPLAINT 1. The Plaintiff is Commerce Bank/Harrisburg, t/d/b/a Metro Bank, with its principal place of business at 3801 Paxton Street, P.O. Box 4999, Harrisburg, PA 17111-0999. 2. The Defendant is Melissa M.. Leggett, an adult individual, who resides at 150 East Lauer Lane, Camp Hill, Cumberland County, Pennsylvania 17055. 3. On or about October 31, 2003, the Plaintiff loaned to the Defendant the sum of Sixty- Five Thousand Dollars ($65,000.00) evidenced by a Promissory Note (the "Note"). A true and correct copy of the Note is attached hereto and made a part hereof as Exhibit "A." 4. Thereafter Plaintiff and Defendant entered into nine (9) separate Change in Terms Agreements, all of which extended the maturity date of the Note and some of which changed the interest rate of the Note. On or about April 1, 2008, Plaintiff and Defendant entered in the last Change in Terms Agreement which changed the maturity date from March 1, 2008, to March 1, 2013, and decreased the interest rate from a fixed rate of 12.24% to a fixed rate of 7.5%. A true and correct copy of the Change in Terms Agreement dated April 1, 2008, is attached hereto and made a part hereof as Exhibit "B." 5. Neither the Note nor any of the nine (9) Change in Terms Agreements have been assigned. 6. The Defendant is in default of said obligation under the Note and Change in Terms Agreements having failed to pay the installment due on October 30, 2009, and all subsequent installments. 7. The terms of the Note provide that in the event of default Defendant shall be liable for Plaintiff's costs and attorneys' fees. 8. For purposes of this action, Plaintiff believes and therefore avers that Five Thousand Dollars ($5,000.00) constitutes reasonable attorney's fees for enforcing the Credit Agreement. However, Plaintiff recognizes that it is restricted by law to those attorney's fees that are actually incurred. If those fees are less than Five Thousand Dollars ($5,000.00), Plaintiff agrees to adjust its demand for attorney's fees, if applicable, at the time of payment or adjustment. If Plaintiff's actual attorney's fees are in excess of Five Thousand Dollars ($5,000.00), Plaintiff believes it has a right to recover the same and thereafter make demand for payment thereof. 9. As a result of the default in the Note and the Change in Terms Agreements, the following amounts are due and owing: Principal - $ 25,634.75 Interest through 1/26/10 - 584.68 Late Fees through 1/26/10 285.09 Attorney's fees and costs of suit (estimated herein, actual to be collected) - 5,000.00 Total - $31,504.52 Plus interest after January 26, 2010, and continuing after entry of judgment at the contract rate 7.5% per annum, actual attorney's fees, additional late fees after January 26, 2010, at the contract rate, costs of suit and all other amounts, fees, and costs incidental to execution and levy. 10. No judgment has been entered on the Note or any of the Change in Terms Agreements in any jurisdiction. 11. To be the best of the undersigned's knowledge and belief, Defendant is not a 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 Servicemembers Civil Relief Act of 2003, as amended. 12. Notice pursuant to Federal Fair Debt Collection Practices Act 15 U.S.C. 41692, 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. WHEREFORE, Plaintiff, Commerce Bank/Harrisburg, N.A., t/d/b/a Metro Bank, demands that judgment be entered in its favor and against the Defendant, in the amount of: Principal - $ 25,634.75 Interest through 1/26/10 - 584.68 Late Fees through 1/26/10 285.09 Attorney's fees and costs of suit (estimated herein, actual to be collected) - 5,000.00 Total - $31,504.52 Plus interest after January 26, 2010, and continuing after entry of judgment at the contract rate 7.5% per annum, actual attorney's fees, additional late fees after January 26, 2010, at the contract rate, costs of suit and all other amounts, fees, and costs incidental to execution and levy. HENRY & BEAVER 1 hn H. Whitmoyer D.#07038 937 Willow Street P.O. Box 1140 Lebanon, PA 17042- (717) 274-3644 Attorney for Plaintiff VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. COMMERCE BANK/HARRISBURG, N.A. t/d/b/a METRO BANK By: 64M / J'-VP I , my C er Asset F?gcovery Supervisor PROMISSORY NOTE ,_.._:._._..R.._........ - 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: Donald B. Leggett (SSN: 184.38-0418) Lender: COMMERCE BANK/HARRISBURG N.A. Melissa L Leggett (SSN: 178-50-3614) CAMP HILL 100 SENATE AVENUE 150 CaEast Lauer Lane CAMP HILL, PA 17011 Camp Hill, PA 17011 (717) 972-2875 Principal Amount: $65,000.00 Interest Rate: 6.000% Date of Note: October 31, 2003 PROMISE TO PAY. 1 ("Borrower") jointly and severally promise to pay to COMMERCE BANKIHARRISBURG N.A. ("Lender"), or order, in lawful money of the United States of America, the principal amount of Sixty-five Thousand & 00/100 Dollars ($65,000.00), together with interest at the rate of 6.000% per annum on the unpaid principal balance from October 31, 2003, until paid in full. PAYMENT. I will pay this loan in one principal payment of $65,000.00 plus interest on April 30, 2004. This payment due on April 30, 2004, will be for all principal and all accrued Interest not yet paid. In addition, I will pay regular monthly payments of all accrued unpaid interest due as same of each payment date, beginning November 30, 2003, with all bequ will interest o pay fent to any due o accruedn unpaid nday o; then to nih after that. Unless otherwise agreed or required by applicable law, payments applied 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. 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. 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., CAMP HILL, 100 SENATE AVENUE, CAMP HILL, PA 17011. 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 total sum due under this Note will bear interest from the date of acceleration or maturity at the interest rate on this Note. The interest rate will not exceed the maximum rate permitted by 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 I dispute in good faith whether the claim on which the taking of the property is based is valid or reasonable, and if I give Lender written notice of the claim and furnish Lender with monies or a surety bond satisfactory to Lender to satisfy the claim, then this default provision will not apply. 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 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 (and no event of default will have occurred) 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 on 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 and interpreted in accordance with federal law and the laws of the Commonwealth of Pennsylvania. This Note has been accepted by Lender in the Commonwealth of Pennsylvania. RIGHT OF SETOFF. To the extent permitted by applicable law, Lender reserves a right of setoff in all m accounts with ?Lender r((whether checking, PROMISSORY NOTE (Continued) Page 2 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 debt against any and all such accounts. COLLATERAL. Collateral securing other loans with Lender may also secure this loan. To the extent collateral previously has been given to Lender by any person which may secure this loan, whether directly or indirectly, it is specifically agreed that, to the extent prohibited by law, all such collateral consisting of household goods will not secure this loan. In addition, if any collateral requires the giving of a right of rescission under Truth in Lending for this loan, such collateral also will not secure this loan unless and until all required notices of that right have been given. ERROR & OMISSION AGREEMENT. The Undersigned Borrower(s) for and in consideration of the above referenced loan agrees, is requested by Bank or Closing Agent for Bank, to fully cooperate and adjust for clerical errors, on any or all loan closing documentation if deemed necessary or desirable in the reasonable discretion of Bank or Closing Agent for Bank. The Borrower(s) agree to promptly execute any corrected documents at Bank Address. The Undersigned Borrower(s) does hereby so agree and covenant in order to assure that the loan documentation executed this date will conform and be acceptable by Lender or its interest in and to the loan documentation. The Undersigned Borrower(s) failure to comply with a request under this Agreement by Lender or Closing Agent for Bank may, at the option of Bank, constitute a DEFAULT by Borrower(s) under the loan documents enforceable against Borrower(s) and which is in addition to any other remedies available at law or in equity to Lender. SUCCESSOR INTERESTS. The terms of this Note shall be binding upon me, and upon my heirs, personal representatives, successors and assigns, and shall inure to the benefit of Lender and its successors and assigns. NOTIFY US OF INACCURATE INFORMATION WE REPORT TO CONSUMER REPORTING AGENCIES. Please notify us 0 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., CAMP HILL, 100 SENATE AVENUE, CAMP HILL, PA 17011 GENERAL PROVISIONS. 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", ame", and "my" mean each and all of the persons signing below. PRIOR TO SIGNING THIS NOTE, I, AND EACH OF US, READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE. I, AND EACH OF US, 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. BORROWER: X ( Seal) D al . Legg 'Seal) Melissa M. Leggett USER PRO L..&M. - S.U.]O,m2 Cap. H - FYV?wI"I Stlutlpr, Inc. t.7. =. NI N" R" -. • PA H WIH4P LPWIM FI L1020.FG - -16 s ChANGE IN TERMS AGREEMENT References in the boxes above are for Lender's use only and do not limit the applicability of this document to any particular loan or item. Any item above containing " " has been omitted due to text length limitations. Borrower: Donald B. Leggett Lender: COMMERCE BANK/HA SBURG N.A. Melissa M. Leggett MARKET STREET LEMOYNE 150 East Lauer Lane 1249 MARKET STREET Camp Hill, PA 17011 LEMOYNE, PA 17043 (717) 972-2875 Principal Amount: $34,617.76 Date of Agreement: April 1, 2008 DESCRIPTION OF CHANGE IN TERMS. The maturity date shall be extended from March 1, 2008 to March 1, 2013. Effective March 1, 2008 the interest rate shall be decreased from a fixed rate of 12.24% to a fixed rate of 7.50%. April 30, 2008 an interest only payment in the amount of $128.57 will be due with future payment changes beginning May 30, 2008 as detailed in the Payment paragraph below. PAYMENT. 1 will pay this loan in accordance with the following payment schedule: one interest payment on April 30, 2008, with interest calculated on the unpaid principal balances at an interest rate of 7.500% per annum; 57 monthly consecutive principal and interest payments of $713.48 each, beginning May 30, 2008, with interest calculated on the unpaid principal balances at an interest rate of 7.500% per annum; and one principal and interest payment of $713.35 on March 1, 2013, with interest calculated on the unpaid principal balances at an interest rate of 7.500% per annum. This estimated final payment is based on the assumption that all payments will be made exactly as scheduled; the actual final payment will be for all principal and accrued interest not yet paid, together with any other unpaid amounts on this ban. CONTINUING VALIDITY. Except as expressly changed by this Agreement, the terms of the original obligation or obligations, including all agreements evidenced or securing the obligation(s), remain unchanged and in full force and effect. Consent by Lender to this Agreement does not waive Lender's right to strict performance of the obligation(s) as changed, nor obligate Lender to make any future change in terms. Nothing in this Agreement will constitute a satisfaction of the obligation(s). It is the intention of Lender to retain as liable parties all makers and endorsers of the original obligation(s), including accommodation parties, unless a party is expressly released by Lender in writing. Any maker or endorser, including accommodation makers, will not be released by virtue of this Agreement. If any person who signed the original obligation does not sign this Agreement below, then all persons signing below acknowledge that this Agreement is given conditionally, based on the representation to Lender that the non-signing party consents to the changes and provisions of this Agreement or otherwise will not be released by it. This waiver applies not only to any initial extension, modification or release, but also to all such subsequent actions. THIS AGREEMENT IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS AGREEMENT IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. PRIOR TO SIGNING THIS AGREEMENT, 1, AND EACH OF US, READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT. 1, AND EACH OF US, AGREE TO THE TERMS OF THE AGREEMENT. BORROWER: ` f? (Seal) X eal) x ` Don . Leggett Melissa M. Leggett cow W... Vr.&W.M C! Coq.IWWM M1?dI BOlue"ns. 4K IM7. 2". MMOp Mw . -PA 5XFhMW=.F7 TR8037 Pf1." t , HENRY & BEAVER LLP By: John H. Whitmoyer I.D. #07038 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 COMMERCE BANK/HARRISBURG, t/d/b/a METRO BANK, Plaintiff vs. MELISSA M. LEGGETT, Defendant c'? ~_ - ~ ... (... ~ ryi ~V ~~ ^l ~, ~.- IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW No. 10-2227 Civil Term RELEASE OF JUDGMENT LIEN WHEREAS, on Jun 1, 2010, judgment was entered in the amount of $31,504.52, plus interest and costs, in favor of Metro Bank and against Melissa M. Leggett in the Court of Common Pleas of Cumberland County, docketed at No. 10-2227 Civil Term; and WHEREAS, Melissa M. Leggett was the owner of the following property situate in Hampden Township, Cumberland County, Pennsylvania at the time of entry of the judgment: All that certain lot or tract of land situate in Hampden Township, Cumberland County, Pennsylvania, to which Defendant became vested by Deed dated December 8, 2009, recorded in the Office of the Recorder of Deeds, Instrument No. 201003849, a copy of which is attached; 9 B:Od/d /41d~{~ ~rt~fi ~k ~ /S~ u WHEREAS, the judgment presently operates as a lien on the above-described property of Melissa M. Leggett; NOW, THEREFORE, at the instance and request of Melissa M. Leggett, and in consideration of the sum of $5,000.00, receipt of which is hereby acknowledged, and intending to be legally bound, Metro Bank does, for itself, its heirs, executors and administrators, covenant, promise, and agree with Melissa M. Leggett, her heirs and assigns, that it will not attach or levy upon, sell, or dispose of, claim, or demand the above-described property, in or as a result of the judgment, or assert or claim any estate therein; and further releases the lien of the judgment only on the above- described property, in order that Melissa M. Leggett, her heirs and assigns, shall and may hereafter hold, own, and possess the above-described property free and clear from the judgment; provided, however, that nothing herein contained shall invalidate the lien or security of the judgment upon any other property of Melissa M. Leggett in Cumberland County or elsewhere. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 2nd day of August, 2010. By: HENRY & BEAVER LL 'fi H. Whith~6yer D. #07038 37 Willow Street P.O. Box 1140 Lebanon, PA 17042- 140 (717) 274-3644 Attorney for Plaintiff 2