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HomeMy WebLinkAbout10-4174r R ~~ ~~ .~~~ 22 ~~ ~~ 1 E FE~d~;SYLV~."~A BARLEY SNYDER LLC Shawn M. Long, Esquire Court I.D. No. 83774 126 East King Street Lancaster, PA 17602 (717)299-5201 Attorneys for Plaintiff Fulton Bank. N.A.. fo FULTON BANK, N.A. FORMERLY FULTON BANK, Plaintiff v. MODERN INNOVATIVE PROPERTIES, LLC, v Fulton Bank COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW No. I b- 4 ~7~ l '. ~ y i ~ `~L°l'C'Y1 CONFESSION OF JUDGMENT Pursuant to the authority contained in the warrant of attorney in the Note executed by Defendant in favor of Plaintiff, a true and correct copy of which is attached to the Complaint filed in this action as Exhibit "A," I hereby appear for Defendant, Modern Innovative Properties, LLC, and confess judgment in favor of Plaintiff and against Defendant as follows: Principal Balance ..................................................................$89,225.34 Interest through 4/5/10 at a rate of $16.72975 per diem ............................................15,546.02 Late Charges .............................................................................1,166.76 10% Attorneys' Fees ...............................................................10.477.13 Total .................................................................................... $116,415.25 plus continuing interest after April 5, 2010 at a rate of $16.72975 per diem, plus continuing late charges and costs of suit. Date: mod' l D 2907899_1 BARLEY By: '.~hawn M.Zong, Esquire Attorneys for Defendant, Modern Innovative Prop Court I.D. No. 83774 126 East King Street Lancaster, PA 17602-2893 (717) 299-5201 LLC ~2l'?. So PAD Al't^~ c~ ~a91~ BARLEY SNYDER LLC Shawn M. Long, Esquire Court I.D. No. 83774 126 East King Street Lancaster, PA 17602 (717) 299-5201 Attorneys for Plaintiff Fulton Bank, N.A., formerly Fulton Bank FULTON BANK, N.A. FORMERLY FULTON BANK, Plaintiff v. MODERN INNOVATIVE PROPERTIES, LLC, Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW No. COMPLAINT FOR CONFESSION OF JUDGMENT Plaintiff, Fulton Bank, N.A., formerly Fulton Bank, files this Complaint pursuant to Pa. R.C.P. No. 2951(b) for judgment by confession and avers the following: 1. Plaintiff, Fulton Bank, N.A., formerly Fulton Bank ("Fulton") is a national banking association having an office at One Penn Square, P. O. Box 4887, Lancaster, Pennsylvania 17602. 2. Defendant, Modern Innovative Properties, LLC is a Pennsylvania limited liability company with a last known address of 316 South High Street, Mechanicsburg, Pennsylvania 17050. 2907899_1 3. On or about May 29, 2008, Defendant executed and delivered to Fulton a Promissory Note (the "Note") in the original principal sum of $145,000.00. A true and correct copy of the Note is attached hereto as Exhibit "A" and incorporated by reference. 4. Pursuant to the Note, Defendant is required to make payments to Fulton, in amounts set forth in the Note, on the twenty-ninth (29th) day of each month until all sums due under the Note are paid in full. 5. The Note requires Defendant to pay a late charge of five percent (5%) of the unpaid portion of the regularly scheduled payment, when Fulton does not receive Defendant's monthly payment within fifteen (15) days of the date that the payment is due. 6. As of June 29, 2008, Defendant is in default under the Note for failure to make monthly payments when they were due. 7. Pursuant to the Note, if Defendant fails to make payments required under the Note, Fulton may, and hereby does, declare the entire balance of principal and interest under the Note to be due and payable immediately. 8. The Note authorizes confession of judgment against Defendant for all amounts due under the Note plus continuing interest, continuing late charges, costs of the proceeding and a reasonable attorneys' fee equal to ten percent (10%) of the sum of the principal plus accrued interest for which judgment is confessed, but in any event not less than five hundred dollars ($500.00), whichever is greater, and the costs of any legal proceedings. 9. As of April 5, 2010, the following amounts are due under the Note: Principal Balance ..................................................................$89,225.34 Interest through 4/5/10 at a rate of $16.72975 per diem ............................................15,546.02 Late Charges .............................................................................1,166.76 Attorneys' Fees - 10% ...........................................................10.477.13 2907899_1 Total ....................................................................................$116,415.25 plus continuing interest after April 5, 2010 at a rate of $16.72975 per diem, plus continuing late charges and costs of suit. 10. The Note has not been assigned. 11. No Prior Judgment has been entered on the Note in any jurisdiction. 12. Judgment is not being entered by Confession against a natural person in connection with a consumer credit transaction. WHEREFORE, Plaintiff, Fulton Bank, N.A., formerly Fulton Bank demands judgment against Defendant, Modern Innovative Properties, LLC in the total amount of $116,415.25, consisting of a principal amount of $89,225.34, interest through Apri15, 2010, in the amount of $15,546.02, late charges in the amount of $1,166.76, attorneys' fees in the amount of $10,477.13, plus continuing interest after Apri15, 2010 at a rate of $16.72975 per diem, late charges and costs of suit. BARLEY SNYDER LLC ~~ ~o Date: By; avrr a. Lvai6, LJ~lill~ ttorneys for Plaintiff Fulton Bank, N.A., fo erly Fulton Bank Court I.D. No. 83774 126 East King Street Lancaster, PA 17602-2893 (717) 299-5201 2907899_1 Fulton Bank, N.A., formerly Fulton Bank v. Modern Innovative Properties, LLC VERIFICATION I, Neil Brennan, being duly affirmed according to law, depose and say that I am Loan Workout Officer of Fulton Bank, N.A., that I am authorized to make this Verification on its behalf and that the facts set forth in the foregoing Complaint for Confession of Judgment are true and correct to the best of my knowledge, information, and belief. To the extent that any of the averments in the foregoing document are based upon the understanding or application of law, I have relied upon counsel in making this Verification. This Verification is made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. _---- -, Dated: Nei nn / complaint for confession of judgment Fulton_Modern Innovative Properties.DOC ' •00001-8709120-800100010031057• PROMISSORY NOTE j"jo D, DD f 80rrOWer: Modern Irtnovativa Properties, LLC Lender: Futon Bank 316 South High Street Progress Avenue Office Mechanicsburg. PA 17050 Orre Penn Square Corporate Address Lancaster, PA 17602 Principal Amount: S 145,000.00 Date of Note: May 29, 2008 PROMISE TO PAY. Madam Innovstlw Properties. LLC S"eorrowei 1 promises to pay to Fulton Bank 1"Lender"1, or order, in iaw/trl money of the Untied States of America, the principal amoum of Orte Hundred Forty-five Thousand &001100 Ddlan (5145,000.001. together with interest on the unpaid principal balance hem May 29, 2008, untll paid in full. PAYMENT. Subject to any payment changes resuhing hem t:hangaa in the Index, Borrower wgl pay ihia loan in sccadance with Me following paymem achadula: 239 comacutive monthly installmema on account of prMcipel and interest in the amount of 51,111.12 each, beginrtkp on June 29, 2008 and continuing on the 29th day of each month thereaher. One final payment of ell unpaid principal end ap unpaid accrued interest shah bs due and psyeble on May 29, 2028. INTEREST RATE. Ths interest rats appNcsble hereunder is the annual fixed rote of 6.75% for a period of 60 months from the dots hereof, fogowed by fire annual variable rata of 1.50% above the Index, as hereinafter defined. Unless otherwise agreed or required by applicaf~le law, payments will be applied first to any accrued unpaid interest; then to principal; than to any late charges; and then to any unpaid coNection costs. The annual interest rate for this Note is computed on a 365!360 basis; that is, by applying the ratio of the annual interest rata over a year of 360 days, multiplied by the outstanding principal balance, multiplied by the actual number of days the principal balance is outstanding. Borrower wiN pay Lender at Lender's address shown above or at such otMr place ss lender may designate in wrung. VARIABLE INTEREST RATE. The interest rate on this Note is subject to change from time to time based on changes in an index which is the Fulton Bank Prime Rata Ithe "Index"). The Index is not necessarily the bwest rate charged by Lander on its loans and is set by Lender in its sole discretion. If the Index becomes unavailable during the term of this loan, Lander may designate a substitute index after notifying Borrower. Lender will tell Borrower rite cunent Index rate upon Borrower's request. Tha interest rate change will not occur more often than each day. Borrower understands that Lender may make loans based on other rates as well. Tho interest rate to be applied to the unpaid principal balance during this Nate will be at a rate of 1.500 percentage points over the Index. NOTICE: Under no circumstances will the interest rate on this Note be more than the maximum rate allowed by applicable law. Whenever increases occur in the interest rate, Lender, at its option, may do one or more of fire following: IAI increase Borrower's payments to ensure Borrower's loan will pay off by its original final maturity date, (B) increase Borrower's payments to cover accruing interest, tCl Increase the number of Borrower's payments, and IDI continue Borrower's payments at the same amount and increase Borrower's final payment. PREPAYMENT PENALTY. Upon prepayment of this Note, Lender is anNtled to the following prepayment penalty: Ths Borrower shall have the right to prepay the whole or any part of tM principal and interest hereunder provided that: lal e< the time of prepayment no event of defauh harounder almll have occurred; lbl any prepayment durktg any fixed rate period shah be accompanied by a prepayment penahy equal to two 12%1 percent of the amount; ic1 any partial prepayment shell be spelled to the unpaid principal balance, end no prepayment shall reduce the amount of the scheduled instsgmenta nor rs6eve the eonower hem paying the scheduled installments on each due data, until fire entire indebtedness le paid. Notwithstanding anything to the corrtrary set forth sfwva, the prepayment penahy wig not be charged from the proceeds of the aele of 1820 Psnn Street, City of Harrisburg, Dauphin County, Pennsylvania. Except for the foregoing, Bonower may pay all or a portion of tits amount owed earlier tMn h le duo. Early payments will not, unless agreed to by Lender In writing, relieve Borrower of Borrower's obligation to continue to make payments under the payment schedule. Rather, early payments will reduce the principal balance due and may result in Borrower's making fewer payments. Borrower agrees not to send Lender payments marked "paid in full", "without recourse", or similar language. tf Borrower sends such a payment, Lender may accept it without losing any of Lender's rights under this Note, and Borrower will remain obFgated 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 Iimitatons or as full sa[iafaction of a disputed amount must be mailed or delivered to: Fuhon Benk, Progress Avenue Office, One Penn Square, Corporate Address, Lancaster, PA 17602. LATE CHARGE. if a payment is 15 days or more late, Borrower wilt be charged 5.000% of dte unpaid parUon of cite regularly scheduled payment. INTEREST AFTER DEFAULT. Upon default, including failure to pay upon final maturity, the interest rate on this Nota shall be increased by adding a 5.000 percentage point margin 1"Default Rate Margin"1. The Default Rata Margin shall also apply to eacfi succeeding interest rate change that would have applied had there been no default. If judgment is entered in connection with this Note, interest wilt continue to accrue aher the date of judgment at the rate in effect at the time judgment is entered. However, in no event will rite interest rate exceed the maximum interest rata limitations under applicable law. DEFAULT. Each of the foNowing shall constitute an event of default ('Event of Default") under this Note: PsymsM Defsuh. Borrower fails to make any payment when due under this Note. Other Defaults. Borrower tails to comply with or to perform any other term, obligation, covenant or condition contained in this Note or in any of the related documents or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement between Lander and Borrower. Defauh in Favor of Tltird Pertiea. Borrower 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 effect any of Borrower's property or Bonower'a ability to repay this Note or perform Borrower's obligations under this Note or any of the related documents. False Statements. Any warranty, representation or statement made or furnished to Lender by Borrower or on Borrower's behalf under this Note or the related documents is false or misleading in any malarial respect, either now or et the time made or furnished or becomes false or misleading et any time thereafter. _ Death w Insolvency. The dissolution of Borrower (regardless of whetfter election to continue is model, any member withdraws from Borrower, or any other termination of Borrower's existence as a going business or the death of any member, the insolvency of Borrower, the appointment of a receiver for any pan of Borrower's properly, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency Iowa by or against Borrower. Creditor or Forfeiture Procasdings. Commencement of foreclosure Or forfeiture proceedings, whether by judicial proceeding, self help, repossession or any other method, by arty creditor of Borrower or by any governmental agency against any collateral securing the loan. This includes a garnishment of any of Borrower's accounts, including deposit accounts, with Lender. However, this Event of Default shall not apply if (hero is a good faith dispute by Borrower as to the validity or reasonableneaa of the claim which is the basis of the creditor or forfeiture proceeding and if Borrower gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute. Events Affaedng Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the indebtedness or any Guarantor dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any guaranty of the indebtedness evidenced by this Nota. In the event of a death, Lender, at its option, may, Gut shall not be required to, permit the Guarantor's estate [o assume uneondi[anally the obligations arising under the guaranty in a manner satisfactory to Lender, and, in doing so, cure any Event of Default. Adverse Change. A material adverse change occurs in Borrower's financial condition, or Lender believes the prospect of payment or performance of this Note is impaired. Insecurity. lender in good faith believes itself insecure. Cure Provisions. If any default, other than a default in payment is curable end if BOrrower has rtot been given a notice of a breach of the same provision of this Note within the preceding twelve 112) months, it may he cured if Borrower, after receiving written notice from - PROMISSORY N07E •. ~ ~ - . lender demanding cure of such default: i11 cures the default within fifteen 1151 days; or (21 if the cure requires more than fifteen 115) I days, immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continues and completes all reasonable end necessary steps sufficient to produce compliance es soon as reasonably practical. LENDER'S RIGHTS. Upon default, Lender may, aher giving such notices as required by applicable law, Aeclare the entire unpaid principal balance under this Note and all accrued unpaid interest immediately due, and then Borrower will pay that amount. ATTORNEYS' FEES; EXPENSES- Lender may hire or pay someone else to help collect this Note if Borrower does not pay. Borrower will pay Lender that amount. This includes, subject to any limits under applicable law, Lender's reasonable attorneys' fees and Lender's legal expenses, wheifter or not there is a lawsuit, including reasonable attorneys' lees, expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), and appeals. If not prohibited by applicable law, Borrower also will pay any court costs, in addition to all other sums provided by law. JURY WAIVER. Lender end Borrower hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by either Lender or Borrower against the oMsr. GOVERNING LAW. This Moto wilt be governed by federal Iew epplicaWe to Lender end, to the extant not preempted by federal law, the laws of the Commonwealth of Pennsylvania without regard to its conflicts of Iew provisions. Th1a Note has been accepted by Lander in the Commonweahh of Pennsylvania. RIGHT OF SETOFF. To [fie extent permitted by applicable law, Lender reserves a right of setoff in all Borrower's accounts with Lender lwhether checking, savings, or soma other account!. This Includes all accounts Borrower holds yointly with someone else and all accounts Borrower may open in the future. However, this does not include any IRA or Keogh accounts, or any trust accounts for which setoff would be prohbited by law. Borrower authorizes Lender, to the extent permitted by applicable law, to charge or setoff all sums owing on the indebtedness against any end aA such accounts, and, at Lender's option, to administratively freeze ell such eccotmts to allow Lender to protect Lender's charge and setoff rights provided in this paragraph. COLLATERAL. Borrower acknowledges this Note is secured by Mortgage on 2011 Kennsington Street, City of Harrisburg, Dauphin County, PA and 1820 Penn Street, City of Harrisburg, Dauphin County, PA; ~.. Guaranty of Tod M. Reynolds. CROSS DEFAULT. Any event of default under any loan due and owing to lender by Borrower, at any time, shag constitute an event of default under ail loans due and owing to Lender by Borrower SUCCESSOR INTERESTS. The [arms of this Note shall be binding upon Borrower, end upon Borrower's heirs, personal representatives, successors and assigns, and shall inure to the benefit of lender and its successors end assigns. GENERAL PROVISIONS. If any part of this Note cannot be enforced, this fact will not affect the rest of the Note. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them. Borrower end 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 staled 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 colateral; or impair, fail to realize upon or perfect Lender's security interest in the collateral; and take any other action deemed necessary by Lender without the consent of or notice to anyone. 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 i ere joint and several. If any portion of this Note is for any reason determined to be unenforceable, it will not affect the enforceability of any other provisions of this Note. CONFESSION OF JUDGMENT. BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR BORROWER AFTER A DEFAULT UNDER THIS NOTE AND WITH OR WITHOUT COMPLAINT FlLEO, CONFESS OR ENTER JUDGMENT AGAINST BORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THIS NOTE AND ALL ACCRUED INTEREST, LATE CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THIS NOTE, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT (10%1 OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS 13500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING, THIS NOTE OR A COPY OF THIS NOTE VERIFIED BY AFHOAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS NOTE TO CONFESS JUDGMENT AGAINST BORROWER SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS NOTE. BORROWER HEREBY WAIVES ANY RIGHT BORROWER MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO BORROWER'S ATTENTION pR BORROWER HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL. PRIOR TO SIGNING THIS NOTE, BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE, INCLUDING THE VARU\BLE INTEREST RATE PROVISIONS. BOAROWER AGREES TO THE TERMS OF THE NOTE. BORROWER ACKNOWLEDGES RECEIPT Of A COMPLETED COPY OF THIS PROMISSORY NOTE. THIS NOTE 1S 01VEN UNDER SEAL ANO R IS INTENDED THAT THIS NOTE IS AND SHALL CONSTRUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. BORROWER: I! MODER/.N/~IN(/N/JOVATI~VfE PROPE~RT~IES,QLLC BY=- /_.~K ~1//~i~N~tIL~`~ (Seal) Tod M. Rayndds ember of Modem Innovative Properties, LLC Signed, acknowledged end degvered In the preaencs of: r X ~, ~ Wimese x Witness urls M0lw6q.v..s.M.W.tlM Gw.,,.~w~n,..euSr.s.., w.. ,nr, x%a. uy,s lY~.r-.ti O:LLM1KONKwuti,eAK A]r,i ~~~~ T~ F~TF~~!~iC1TA~iY 20 E 0 Jt}~122 ~~9 ~~ 2 j CI,N~:~ ~~'~~~~ ~'!~U~1TY Pt~ir~S" l.Vk,~ BARLEY SNYDER LLC Shawn M. Long, Esquire Court I.D. No. 83774 126 East King Street Lancaster, PA 17602 (717)299-5201 FULTON BANK, N.A. FORMERLY FULTON BANK, Plaintiff v. MODERN INNOVATIVE PROPERTIES, LLC, Defendant v Fulton Bank COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW No. !~ - ~ivtITPX~'1 CERTIFICATE OF RESIDENCE I, Shawn M. Long, Attorney for Plaintiff, hereby certify to the best of my knowledge, information and belief that the name and current address of each party is as follows: 1. The precise address of Plaintiff, Fulton Bank, N.A., formerly Fulton Bank is One Penn Square, P. O. Box 4887, Lancaster, PA 17602. 2. The known address for Defendant, Modern Innovative Properties, LLC, is 316 South High Street, Mechanicsburg, Pennsylvania 17050. Date: ~ ~ l v BARLEY SNYD ~~_ ..._ M. Long, Esquire ttorneys for Plaintiff Fulton Bank, N.A., formerly Court I.D. No. 83774 126 East King Street Lancaster, PA 17602-2893 (717) 299-5201 By: Attorneys for Plaintiff Fulton Bank, N.A., fo Bank 2907899_1 BARLEY SNYDER LLC Shawn M. Long, Esquire Court I.D. No. 83774 126 East King Street Lancaster, PA 17602 (717) 299-5201 Attorneys for Plaintiff Fulton Bank. N.A., formerly Fulton Bank FULTON BANK, N.A. FORMERLY FULTON BANK, Plaintiff v. MODERN INNOVATIVE PROPERTIES, LLC, Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NOTICE OF ENTRY OF JUDGMENT. ORDER OR DECREE Pursuant to requirements of Pennsylvania Civil Procedural Rule #236, you are notified that there was entered in this office today, in the above-captioned case. O Judgment by confession for Plaintiff and against Defendant, in the total amount of $116,415.25, consisting of a principal amount of $89,225.34, interest through April 5, 2010, in the amount of $15,546.02, late charges in the amount of $1,166.76, attorneys' fees in the amount of $10,477.13, plus continuing interest after April 5, 2010 at a rate of $16.72975 per diem, and costs of suit. ^ Judgment for Defendant(s) and against Plaintiff(s). ^ Order of Decree in favor of Dated: TO: Modern Innovative Properties, LLC 316 South High Street Mechanicsburg, PA 17050 Prothonotary By: ~ 2907899_1 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ~~tti~titr of ~'~~~wbrcr,~~~ ~ ~'' t, ~ ~~~ ~. 4?FFiGE c.: ~ 'r~ <~£RiFR ~~! ,- T _ Fulton Bank, NA vs. Modern Innovative Properties, LLC ~n~~ ~ ., ~ ~~ ~ . ?~to ~v~ 2y Pit K ,03 -.k.~ - , , t _ Case Number 2010-4174 SHERIFF'S RETURN OF SERVICE 07/20/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Modern Innovative Properties, LLC, but was unable to locate them in his bailiwick. He therefore returns the within Complaint in Confession of Judgment as not found as to the defendant Modern Innovative Properties, LLC. Request for service at 316 S. High Street, Mechanicsburg, PA 17050 is vacant. The Mechanicsburg Postmaster has confirmed, Modern Innovative Properties, LLC is not known at 316 S. High Street, Mechanicsburg, PA 17050. SHERIFF COST: $42.00 SO ANSWERS, ~_.. July 20, 2010 RON R ANDERSON, SHERIFF (c! CountySuite Shenff. Tel~osoft. Inc.