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HomeMy WebLinkAbout11-0868 OF THE PRO THONG TA P Y 2011 JAN 25 PM 3: 23 CUMBERLAND COUNTY PENNSYLVANIA ' METTE, EVANS & WOODSIDE Timothy A. Hoy, Esquire Attorney I.D. No. 47597 Heather Z. Kelly, Esquire Attorney I.D. No. 86291 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 (717) 236-1816 (fax) METRO BANK, f/k/a Commerce IN THE COURT OF COMMON PLEAS OF Bank/Harrisburg, N.A., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. DOCKET NO. RICHARD P. HART, Jr. and NANCIE J. HART, Defendants CONFESSION OF JUDGMENT Pursuant to the authority contained in the Confession of Judgment clause in the Note, a copy which is attached to the Complaint filed in this action, I appear for the Defendants and confess judgment in favor of Plaintiff and against Defendants as follows: i??s c? x Principal: $46,000.27 Interest through January 18, 2011: $ 4,346.24 Late Charges: $ 704.38 Other fees: $ 62.00 Attorneys' Fees/Commission: $ 5,111.29 TOTAL $56,224.18 Plus continuing interest at the rate of 8.00%, attorneys fees and costs. Respectfully submitted, Date: January 24, 2011 azq? -?' a Heather Z. Kell , squire I.D No. 86291 Appearing herein for Defendants Mette, Evans & Woodside 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Telephone: (717) 232-5000 534226v1 F/L ED QO 7r- P t FOr y 25 PAS 3. Ct,1 METTE, EVANS & WOODSIDE Timothy A. Hoy, Esquire Attorney I.D. No. 47597 Heather Z. Kelly Attorney I.D. No. 86291 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 (717) 236-1816 (fax) METRO BANK, f/k/a Commerce IN THE COURT OF COMMON PLEAS OF Bank/Harrisburg, N.A., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. DOCKET NO. // SGT RICHARD P. HART, Jr. and : NANCIE J. HART, Defendants COMPLAINT IN CONFESSION OF JUDGMENT AND NOW, this 24 h day of January, 2011, Plaintiff, Metro Bank, f/k/a Commerce Bank/Harrisburg, N.A. ("Plaintiff'), by its attorneys files the following Complaint in Confession of Judgment: 1. Plaintiff is a Pennsylvania banking institution with an address at 3801 Paxton Street, Harrisburg, PA 17111. 2. Defendants Richard P. Hart, Jr. and Nancie J. Hart, husband and wife (the "Harts"), are adult individuals with an address at 5154 Kylock Road, Mechanicsburg, PA 17055. 3. On January 20, 2006, the Harts executed a Promissory Note in the original principal amount of ONE HUNDRED SIXTY THREE THOUSAND ($163,000.00) in favor of Plaintiff. A true and correct copy of the Promissory Note executed by the Harts is attached hereto as Exhibit "A" (the "Note"). 4. The interest rate on the Note is calculated at an interest rate of 8.00% per annum for the first sixty (60) months beginning February 20, 2006, and thereafter at a variable rate based on the Prime Rate (as defined in the Note). The Note was executed in connection with a commercial transaction. 6. The Note is secured by an Open-End Mortgage creating a lien against certain real property located at 218-220 Lincoln Street, Steelton, Dauphin County, Pennsylvania, which mortgage was recorded on January 27, 2006 with the Dauphin County, Pennsylvania Recorder of Deeds at Record Book 6377, page 714. 7. Judgment is not being entered by confession against a natural person in connection with a consumer credit transaction. 8. The Note has not been assigned. 9. Judgment has not been entered on the Note in any jurisdiction. 10. The Harts have defaulted under the Note by failing to make payments when due. 11. By correspondence dated December 9, 2010, Plaintiff demanded payment in full from the Harts. A true and correct copy of the December 9, 2010 Correspondence is attached hereto as Exhibit "B." 12. The Harts have failed to repay the indebtedness in response to the December 9, 2010 demand. 2 13. The entire remaining indebtedness evidenced by the Note is due and payable, and Defendants' total indebtedness to Plaintiff, pursuant to the Note, as of January 18, 2011 is $56,224.18, which is computed as follows: Principal: $46,000.27 Interest through January 18, 2011: $ 4,346.24 Late Charges: $ 704.38 Other fees: $ 62.00 Attorneys' Fees/Commission: $ 5,111.29 TOTAL $56,224.18 Interest continues to accrue at the rate of 8.00%. The costs of this action including attorneys fees continue to accrue. WHEREFORE, on the basis of the confession of judgment clauses contained in the Note, Plaintiff demands judgment in its favor and against Defendants in the amount of $56,224.18, plus all interest after January 21, 2011 at the rate of 8.00% and all additional costs and fees incurred by Plaintiff, including attorneys fees, in this action. Respectfully submitted, Timothy A. Hoy, quire I.D. No. 47597 Heather Z. Kelly I.D. No. 86291 Mette, Evans & Woodside 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Telephone: (717) 232-5000 Attorneys for Plaintiff Date: January 24, 2011 VERIFICATION I, David M. Chajkowski, Asset Recovery Officer at Plaintiff Metro Bank f/k/a Commerce Bank/Harrisburg, N.A., have read the foregoing Complaint in Confession of Judgment and verify that the facts set forth therein are true and correct according to the best of my knowledge, information and belief, and that as an Asset Recovery Officer I am authorized to execute this Verification on behalf of the Plaintiff. I understand that any false statement made herein is subject to the penalties of 18 Pa. C.S.A. §4904, relating to unworn falsification to authorities. David M. Chajkowski Dated: Asset Recovery Officer ? c?0?/ 4 493595v1 i PROMISSORY NOTE Principal Amount: $163,000.00 Date of Note: January 20, 2006 PROMISE TO PAY. Richard P. Hart. Jr.: and Nancie J. Hart I"Borrower") jointly and severally promise to pay to COMMERCE BANK/HARRISBURG N.A. ("Lender"), or order, in lawful money of the United States of America, the principal amount of One Hundred Sixty-three Thousand & 001100 Dollars (5163,000.00), together with interest on the unpaid principal balance from January 20, 2006, until paid in full. PAYMENT. Subject to any payment changes resulting from changes in the Index, Borrower will pay this loan in accordance with the following payment schedule: 60 monthly consecutive principal and interest payments in the initial amount of $1,375.00 each, beginning February 20, 2006, with interest calculated on the unpaid principal balances at an interest rate of 8.000% per annum; 179 monthly consecutive principal and interest payments in the Initial amount of $1,438.70 each, beginning February 20, 2011, with interest; calculated on the unpaid principal balances at an interest rate based on the Prime Rate as published in the Money Rate Section of the Wail Street Journal. If a range of rates is published, the highest will be used. (currently 7.250%), plus a margin of 1,500 percentage points, resulting in an initial interest rate of 8.750%: and one principal and interest payment of $1.438.45 on January 20.20M with interest calculated on the unpaid principal balances at an interest rate based on the Prime Rate as published in the Money Rate Section of the Wall Street Journal. If a range of rates is published, the highest wig be used. (currently 7.250%), plus a margin of 1.500 percentage points, resulting in an initial interest rate of 8.750%. This estimated final payment is based on the assumption that all payments will be made exactly as scheduled and that the index does not change; the actual final payment will be for all prlncipal and accrued interest not yet paid, together with any other unpaid amounts under this (dote. Unless otherwise agreed or required by applicable law, payments will be applied first to any accrued unpaid Iterest; then to principal; then to any unpaid collection costs; and then to any late charges. The annual interest rate for this Note is computed on a 3651360 basis: that is, by applying the ratio of the annual interest rate 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 will pay Lender at Lender's address shown above or at such other place as Lender may designate in writing. VARIABLE INTEREST RATE. The interest rate on,this Note is subject to change from time to time based on changes in an independent index which is the Prime Rate as published in the Money Rate Section of the Wall Street Journal. If a range of rates is published, the highest will be used. (the 'Index*). The Index is not necessarily the lowest rate charged by Lender on its loans. If the Index becomes unavailable during the term of this loan, Lender may designate a substitute index after notice to Borrower. Lender will tell Borrower the current Index rate upon Borrower's request. The interest rate change will not occur more often than each day. Borrower understands that Lender may make loans based on other rates as well. The index currently is 7.250% per annum. The interest rate or rates to be applied to the unpaid principal balance of this Note will be the rate or rates set forth herein in the "Payment" section. Notwithstanding any other provision of this Note, after the first payment stream, the interest rate for each subsequent payment stream will be effective as of the last payment date of the just-ending payment stream. 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 the following: (A) 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, (C) increase the number of Borrower's payments, and ID) continue Borrower's payments at the same amount and increase Borrower's final payment. PREPAYMENT PENALTY. Borrower agrees that all loan fees and other prepaid finance charges are earned fully as of the date of the loan and will not be subject to refund upon early payment (whether voluntary or as a result of default). except as otherwise required by law. Upon prepayment of this Note, Lender is entitled to the following prepayment penalty: Prepayment of any amount of the principal sum shall be subject to a penalty charge of 5% during the first year of amortization and declining 1% per year thereafter to par. Except for the foregoing. Borrower may pay 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 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. If Borrower sends such a payment, Lender may accept it without losing any of Lender's rights under this Note, and Borrower 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., COMMERCIAL MORTGAGE DEPARTMENT, 100 SENATE AVENUE, CAMP HILL, PA 17011. LATE CHARGE. It a payment is 10 days or more late, Borrower will be charged 5.000% of the regularly scheduled payment. INTEREST AFTER DEFAULT. Upon default, including failure to pay upon final maturity, Lender, at its option, may, if permitted under applicable law, increase the variable interest rate on this Note by 2.000 percentage points. The interest rate will not exceed the maximum rate permitted by applicable law. If judgment is entered in connection with this Note, interest will continue to accrue on this Note after judgment at the interest rate applicable to this Note at the time judgment is entered. DEFAULT. Each of the following shall constitute an event of default ("Event of Default") under this Note: Payment Default. Borrower fails to make any payment when due under this Note. Other Defaults. Borrower fails 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 Lender and Borrower. Default in Favor of Third Parties. 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 affect any of Borrower's property or Borrower's ability to repay this Note or perform Borrower's obligations under this Note or any of the related documents. Environmental Default. Failure of any party to comply with or perform when due any term, obligation, covenant or condition contained in any environmental agreement executed in connection with any loan. Borrower: Richard P. Hart, Jr. (SSN: COMMERCE BANK/HARRISBURG N.A. Nancie J. Hart ISSN: COMMERCIAL MORTGAGE DEPARTMENT 5154 Kylock Road OPY 100 SENATE AVENUE Mechanicsburg, PA 17055 C CAMP HILL, PA 17011 (717) 975-5630 PROMISSORY NOTE Loan No: 3353950 (Continued) Page 2 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 material respect, either now or at the time made or furnished or becomes false or misleading at any time thereafter. Death or Insolvency. The death of Borrower or the dissolution or termination of Borrower's existence as a going business, the insolvency of Borrower, the appointment of a receiver for any part of Borrower's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Borrower. Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, repossession or any other method, by any 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 there is a good faith dispute by Borrower as to the validity or reasonableness 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 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. 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 and if Borrower has not been given a notice of a breach of the same provision of this Note within the preceding twelve (12) months, it may be cured if Borrower, after receiving written notice from Lender demanding cure of such default: (1) cures the default within fifteen (151 days; or 121 if the cure requires more than fifteen (15) days, immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. 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 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 Lander 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, Borrower also will pay any court costs, in addition to all other sums provided by law. GOVERNING LAW. This Note will be governed by federal law applicable to Lender and, to the extent not preempted by federal law, the laws of the Commonwealth of Pennsylvania without regard to its conflicts of law provisions. This Note has been accepted by Lender in the Commonwealth of Pennsylvania. RIGHT OF SETOFF. To the extent permitted by applicable law, Lender reserves a right of setoff in all Borrower's accounts with Lender (whether checking, savings, or some other account). This includes all accounts Borrower holds jointly with someone else and ail 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 prohibited by law. Borrower authorizes Lender, to the extent permitted by applicable law, to charge or setoff all sums owing on the indebtedness against any and all such accounts. COLLATERAL. Borrower acknowledges this Note is secured by First mortgage on 1200 Rossmoyne Rd., Mechanicsburg, PA and First mortgage on 218 - 220 Lincoln Street, Steelton, PA and 223 Ridge Street, Steelton, PA. OPTION TO DECLARE LOAN DUE. Although the repayment of the loan evidenced by this instrument has been designed as if it were to extend for the term established in the "Payment" section, hereinabove outlined, Borrower understands that Lender expressly reserves the right and option, exercisable at its discretion, to declare the entire unpaid principal balance under this Promissory Note together with all interest which shall have accrued thereon to be due and payable on the fifth (5th) anniversary of the date of this Promissory Note and on each succeeding j Fivel5) year anniversary of that date during the term hereof, hereinafter referred to as 'Loan Call Date". In the event that Lender desires to exercise its option to declare the Loan due, it shall deliver written notice thereof by regular first class mail to Borrower's last known address 90 days prior to the Loan Call Date. In the event that Lender desires to exercise its option to declare the Loan due, it shall deliver written notice thereof by hand delivery, nationally recognized overnight courier or regular first class mail to Borrower's last known address at feast 90 days prior to the Loan Call Date. Borrower shall, on or before the Loan Call Date immediately following such notice, repay the entire principal balance due under the Promissory Note together with all unpaid interest which shall have accrued thereon as well as any other sums which may then be due under the Promissory Note or any other document constituting a part of the within loan transaction. Notice provided by first class mail to Borrower's last known address shall be deemed to have been delivered when deposited in the mail. POST CLOSING COMPLIANCE. Borrower agrees to execute, re-execute, cause a Guarantor(s) or other third party0es) involved in the loan transaction to execute and/or re-execute and to deliver to Lender or its legal counsel, as may be deemed appropriate, any document or instrument signed in connection with the Loan whi4 ,,,Was incorrectly drafted and/or signed, as well as any document or instrument which should have been signed at or prior to the closing of a parr'- which was.-not so signed and delivered. Borrower agrees to comply with any written request by Lender within ten (10) days after receipt by Borrower o!' such request. Failure to Borrower to so comply shall, at the option of Lender, upon notice to Borrower, constitute an event of default underAhe Lc!n- COPIES OF LEASES. Borrower hereby agrees to assign to Bank, all present and future rents and leases associated with the mortgaged premises. Borrower shall provide Bank with all copies of all leases and any addendums thereto. . REQUIRED DEPOSIT ACCOUNT. Borrower shall be required to establish and maintain primary deposit account relationship with Commerce Bank. COMMITMENT LETTER COMPLIANCE.. This loan is contingent upon Borrower's compliance with all of the terms and conditions in the commitment letter issued by Lender to Borrower on or about January 11, 2006. Upon breach of any term of condition therein Lender shall have the right to declare this loan in default and demand payment in full of the principal balancAr remaining unpaid, together with all interest, which shall have accrued thereon. RELEASE PRICE. The release price for the of the property located at 1200 Rossmoyne Ros_,'Mechanicsburg, PA is $117,000. After sale of the property located at 1200 Rossmoy a Road, Mechanicsburg, PA the remaining loan balance will be reamortized over the remaining term of PROMISSORY NOTE Loan No: 3353950 (Continued) Page 3 the loan. PROPERTY RELEASE. The release of the property located at 1200 Rossmoyne Road is subject to payment of 2004 taxes owned on Harrison Street and 36 Swatara Street properties. SUCCESSOR INTERESTS. The terms of this Note shall be binding upon Borrower, and upon Borrower's heirs, personal representatives, successors and assigns, and shall inure to the benefit of Lender and its successors and assigns. NOTIFY US OF INACCURATE INFORMATION WE REPORT TO CONSUMER REPORTING AGENCIES. Please notify us if we report any inaccurate information about your accountis) to a consumer reporting agency. Your written notice describing the specific inaccuracy(ies) should be sent to us at the following address: COMMERCE BANK/HARRISBURG N.A. LOAN SERVICING PO BOX 1 195 CAMP HILL, PA 17011-1195. 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. Each Borrower understands and agrees that, with or without notice to Borrower, Lender may with respect to any other Borrower (a) make one or more additional secured or unsecured loans or otherwise extend additional credit; (b) alter, compromise, renew, extend, accelerate, or otherwise change one or more times the time for payment or other terms of any indebtedness, including increases and decreases of the rate of interest on the indebtedness; Ic) exchange, enforce, waive, subordinate, fail or decide not to perfect, and release any security, with or without the substitution of new collateral; Id) apply such security and direct the order or manner of sale thereof, including without limitation, any non-judicial sale permitted by the terms of the controlling security agreements, as Lender in its discretion may determine; (e) release, substitute, agree not to sue, or deal with any one or more of Borrower's sureties, endorsers, or other guarantors on any terms or in any manner Lender may choose; and (f) determine how, when and what application of payments and credits shaft be made on any other indebtedness owing by such other Borrower. Borrower 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 Irepeatedly and for any length of time) this loan or release any party or guarantor or collateral; or impair, tail 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 are 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 FILED, 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 110%) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS ($500) 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 AFFIDAVIT 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 ?TTENTION OR BORROWER HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL. PRIOR TO SIGNING THIS NOTE, EACH BORROWER READ AND UNDERSTOOD ALL THE VARIABLE INTEREST RATE PROVISIONS. EACH BORROWER AGREES TO THE TERMS OF T BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS PROMISS Y 01 THIS NOTE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS NOTE E AND HA SEALED INSTRUMENT ACCORDING TO LAW. BORROWER: Meal) X ?Nt J. LWR f OF THIS NOTE, INCLUDING THE AND HAVE THE EFFECT OF A (Seel) s.W-- Cao,. fnnr,d fi,.nul Swi„ .- InT. If. YRp,?n Rr.r??PP M?fWWPPP{\tpMWCryµrylp2p fC -M, n1-19 DISCLG JRE FOR CONFESSION OF J )GMENT 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: Richard P. Hart, Jr. (SSN: 149-7614852) Nancie J. Hart (SSN: 176-52-7285) 5154 Kylock Road Mechanicsburg, PA 17055 Declarant: Richard P. Hart, Jr. ISSN: 149-76-4852) 5154 Kylock Road Mechanicsburg, PA 17055 Lender: COMMERCE BANK/HARRISBURG N.A. COMMERCIAL MORTGAGE DEPARTMENT 100 SENATE AVENUE CAMP HILL, PA 17011 (717) 975-5630 DISCLOSURE FOR CONFESSION OF JUDGMENT I AM EXECUTING, THIS .? DAY OF 2061 i, A PROMISSORY NOTE FOR $163,000.00 OBLIGATING ME TO REPAY THAT AMOUNT. A. I UNDERSTAND THAT THE NOTE CONTAINS A CONFESSION OF JUDGMENT PROVISION THAT WOULD PERMIT LENDER TO ENTER JUDGMENT AGAINST ME IN COURT, AFTER A DEFAULT ON THE NOTE, WITHOUT ADVANCE NOTICE TO ME AND WITHOUT OFFERING ME AN OPPORTUNITY TO DEFEND AGAINST THE ENTRY OF JUDGMENT. IN EXECUTING THE NOTE, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND TO A HEARING TO CONTEST THE VALIDITY OF ANY JUDGMENT OR OTHER CLAIMS THAT LENDER MAY ASSERT AGAINST ME UNDER THE NOTE, 1 AM KNOWINGLY, INTELLIGENTLY, AND VOLUNTARILY WAIVING THESE RIGHTS, INCLUDING ANY RIGHT TO ADVANCE NOTICE OF THE ENTRY OF JUDGMENT, AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S ENTERING JUDGMENT AGAINST ME BY F N AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT PROVISION. h kx r. INITIALS: B. 1 FURTHER UNDERSTAND THAT IN ADDITION TO GIVING LENDER THE RIGHT TO ENTER JUDGMENT AGAINST ME WITHOUT ADVANCE NOTICE OR A HEARING, THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE ALSO CONTAINS LANGUAGE THAT WOULD PERMIT LENDER, AFTER ENTRY OF JUDGMENT, AGAIN WITHOUT EITHER ADVANCE NOTICE OR A HEARING, TO EXECUTE ON THE JUDGMENT BY FORECLOSING UPON, ATTACHING, LEVYING ON, TAKING POSSESSION OF OR OTHERWISE SEIZING MY PROPERTY, IN FULL OR PARTIAL PAYMENT OF THE JUDGMENT. IN EXECUTING THE NOTE, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND A HEARING AFTER JUDGMENT IS ENTERED AND BEFORE EXECUTION ON THE JUDGMENT, I AM KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY WAIVING THESE RIGHTS, EXPRESSLY AGREE AND CONSENT TO LENDER'S IMMEDIATELY EXECUTING ON THE JUDGMENT IN ANY MANNER PIE MITT APPLICABLE STATE AND FEDERAL LAW, WITHOUT GIVING ME ANY ADVANCE NOTICE. -----INITIALS. 5 ?. C. AFTER HAVING READ AND DETERMINED WHICH OF THE FOLLOWING STATEMENTS ARE APPLICABLE, BY INITIALING EACH STATEMENT THAT APPLIES, I REPRESENT THAT: INITIALS 1 AS REPRESENTED BY MY OWN INDEPENDENT LEGAL COUNSEL IN CONNECTION WITH THE NOTE. 2. A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE TO MY ATTENTION. D. I CERTIFY THAT MY ANNUAL INCOME EXCEEDS $10,000; THAT THE BLANKS IN THIS DISCLOSURE WERE FILLED IN WHEN I INITIALED AND SIGNED IT; AND THAT i RECEIVED A COPY AT THE TIME OF SIGNING. THIS DISCLOSURE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS DISCLOSURE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. DECLARANT: L"" MO -6. V.. GM- M Mme, f,MV... M,. I W. 200. M RwK ft. . PA K .%M"M fWftCWR ft1MPC M'SM7 W's DISCLO, JRE FOR CONFESSION OF J ,GMENT 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: Richard P. Hart, Jr. (SSN: 149-764852) Nancie J. Hart (SSN: 176-52-7285) 5154 Kylock Road Mechanicsburg, PA 17055 Lender: COMMERCE BANK/HARRISBURG N.A. COMMERCIAL MORTGAGE DEPARTMENT 100 SENATE AVENUE CAMP HILL, PA 17011 1717) 975-5630 Declarant: Nancis J. Hart (SSN: 176-52-7285) 5154 Kylock Road Mechanicsburg, PA 17055 DISCLOSURE FOR CONFESSION OF JUDGMENT I AM EXECUTING, THIS j?DAY OF .20 , A PROMISSORY NOTE FOR $163,000.00 OBLIGATING ME TO REPAY THAT AMOUNT. A. I UNDERSTAND THAT THE NOTE CONTAINS A CONFESSION OF JUDGMENT PROVISION THAT WOULD PERMIT LENDER TO ENTER JUDGMENT AGAINST ME IN COURT, AFTER A DEFAULT ON THE NOTE, WITHOUT ADVANCE NOTICE TO ME AND WITHOUT OFFERING ME AN OPPORTUNITY TO DEFEND AGAINST THE ENTRY OF JUDGMENT. IN EXECUTING THE NOTE, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND TO A HEARING TO CONTEST THE VALIDITY OF ANY JUDGMENT OR OTHER CLAIMS THAT LENDER MAY ASSERT AGAINST ME UNDER THE NOTE, 1 AM KNOWINGLY, INTELLIGENTLY, AND VOLUNTARILY WAIVING THESE RIGHTS, INCLUDING ANY RIGHT TO ADVANCE OF THE ENTRY OF JUDGMENT, AND 1 EXPRESSLY AGREE AND CONSENT TO LENDER'S ENTERING JUDGMENT AGAINST ME CON SSION AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT PROVISION. INITIALS: ..ar:::n>+,?x.; :. B. I FURTHER NDERSTAND THAT IN ADDITION TO GIVING LENDER THE RIGHT TO ENTER JUDGMENT AGAINST ME WITHOUT ADVANCE NOTICE OR A HEARING, THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE ALSO CONTAINS LANGUAGE THAT WOULD PERMIT LENDER, AFTER ENTRY OF JUDGMENT, AGAIN WITHOUT EITHER ADVANCE NOTICE OR A HEARING, TO EXECUTE ON THE JUDGMENT BY FORECLOSING UPON, ATTACHING, LEVYING ON, TAKING POSSESSION OF OR OTHERWISE SEIZING MY PROPERTY, IN FULL OR PARTIAL PAYMENT OF THE JUDGMENT. IN EXECUTING THE NOTE, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND A HEARING AFTER JUDGMENT IS ENTERED AND BEFORE EXECUTION ON THE JUDGMENT, I AM KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY WAIVING THES I TS, AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S IMMEDIATELY EXECUTING ON THE JUDGMENT IN ANY MANNER PER ED Y APPLICABLE STATE AND FEDERAL LAW, WITHOUT GIVING ME ANY ADVANCE NOTICE. INITIALS C. AFTER H VING READ AND DETERMINED WHICH OF THE FOLLOWING STATEMENTS ARE APPLICABLE, BY INITIALING EACH STATEMENT THAT APPLIES, I REPRESENT THAT: I L I WAS REPRESENTED BY MY OWN INDEPENDENT LEGAL COUNSEL IN CONNECTION WITH THE NOTE. r 2 A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE TO MY ATTENTION. D. I CERTIFY THAT MY ANNUAL INCOME EXCEEDS $10,000: THAT THE BLANKS IN THIS DISCLOSURE WERE FILLED IN WHEN 1 INITIALED AND SIGNED IT: AND THAT I RECEIVED A COPY AT THE TIME OF SIGNING. AC SEAL AND NG O IS INTENDED THAT THIS DISCLOSURE IS AND SHALL CONSTITUTE AND HAVE THE THIS DI C SPRE IS)GfMN EFFECT OF A LAW. wcn ."u ...+ro. •.. auaa.ase Co r. n d w "a im c Im 1W. mos. M pA*w n....a - pA ,tj%V0AM ,.AC n,? M Tpw 7mlt 'METRO BANK 3801 Paxton Street Harrisburg • PA • 17111 nnymetrobank.com 888.937.0004 December 9, 2010 VIA REGULAR AND CERTIFIED MAIL, RETURN RECEIPT REQUESTED Nancie J. Hart 5154 KyIock Road Mechanicsburg, PA 17055 Richard P. Hart, Jr. 5154 Kylock Road Mechanicsburg, PA 17055 Re: Indebtedness of Richard P. Hart and Nancie J. Hart (the "Borrowers") to Metro Bank formerly Commerce Bank / Harrisburg NA (the "Bank") Dear Mr. and Ms Hart: Reference is made to the Promissory Note of the Borrowers in the original principal amount of $163,000, dated January 20, 2006, and payable to the order of Commerce Bank/ Harrisburg N.A. now known as Metro Bank (the "Term Note"). The Borrowers is in default under the Term Note in that the Borrowers have failed to, among other things, make payments when due (the "Term Note Default"). This letter constitutes formal notice to the Borrowers of the occurrence of the Term Note Default. As a result of the Borrowers' default, the Bank has elected to exercise its option to declare the entire unpaid principal balance of the Term Note and all accrued and unpaid interest to be immediately due and payable. As of December 9, 2010, there is unpaid, due and owing to the Bank under the Term Note the amount of S 51,148.43. Demand is hereby made for the immediate payment in full of all amounts which are due and which may become due under the Term Note. The balance due under the Term Note may increase or decrease as a result of the receipt of payments and the proceeds of collateral securing the Term Note and the accrual of interest, late charges, costs of collection and other fees, costs and expenses. Therefore, immediately prior to remitting payment, please contact David M. Chajkowski at (717) 412-6218 to obtain final payoff amounts and remittance instructions. Nothing contained in this letter constitutes a waiver or release of any of the terms or provisions of the Term Note or of any and all other notes, instruments or agreements between the Bank and the Borrowers (the "Loan Documents"). The Bank reserves all rights and remedies available to it under the Loan Documents and applicable law, all of which are expressly hereby reserved. No discussions between the Bank and the Borrowers concerning this notification, other loan relationships between the Bank and the Borrowers, or any other matter shall imply an agreement on the part of the Bank to waive any of its rights and remedies or to forbear from taking any action authorized by the Loan Documents or applicable law, whether or not such discussions may be continuing. Any communications with any representative of the Bank, whether oral or written, will be mere discussions only and will not in any way commit or be binding upon the Bank unless reduced to a writing signed by an authorized officer of the Bank. Such communications will not represent any course of dealing, and in no manner shall you rely in any way on any such discussions unless such communications are reduced to a writing signed by an authorized officer of the Bank. The acceptance of any partial payment of any of the obligations of the Borrowers to the Bank shall not be deemed a waiver or limitation of any of the Bank's rights reserved herein as to the full amount of any unpaid balance. Any delay or forbearance by the Bank in the enforcement or pursuit of any of its rights and remedies under the Loan Documents or applicable law shall not constitute a waiver thereof, nor shall it be a bar to the exercise of the Bank's rights or remedies at a later date. Should you have any questions, please do not hesitate to contact me Sincerely, METRO BANK David M. Chajkowski Asset Recovery Officer OF THE PROTHONOTARY 2011 JAN 25 PH 3: 23 CUMBERLAND COUNTY PENNSYLVANIA METTE, EVANS & WOODSIDE Timothy A. Hoy, Esquire Attorney I.D. No. 47597 Heather Z. Kelly Attorney I.D. No. 86291 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 (717) 236-1816 (fax) METRO BANK, f/k/a Commerce Bank/Harrisburg, N.A., Plaintiff V. RICHARD P. HART, Jr., And NANCIE J. HART, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. # O U f eel" AFFIDAVIT OF NON-MILITARY SERVICE I am the attorney for Metro Bank, f/k/a Commerce Bank/Harrisburg, N.A., and according to the best of my information and belief, the Defendants listed below are not in the United States Military Service. Richard P. Hart, Jr. Nancy J. Hart 5154 Kylock Road 5154 Kylock Road Mechanicsburg, PA 17055 Mechanicsburg, PA 17055 Respectfully submitted, Timothy A. Hoy, squire I.D. No. 47597 Heather Z. Kelly, Esquire I.D. No. 86291 Mette, Evans & Woodside 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Telephone: (717) 232-5000 Attorneys for Plaintiff Date: January 24, 2011 534222v1 F .. FILED-OFFICE 2011 JAN 25 PM 3: 23 CUMBERLAND CoujqTy METTE, EVANS & WOODSIDE PENNSYLVANIA Timothy A. Hoy, Esquire Attorney I.D. No. 47597 Heather Z. Kelly Attorney I.D. No. 86291 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 (717) 236-1816 (fax) METRO BANK, f/k/a Commerce IN THE COURT OF COMMON PLEAS OF Bank/Harrisburg, N.A., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. DOCKET NO. 6Yjj RICHARD P. HART, Jr. and NANCIE J. HART, Defendants Certificate of Address I hereby certify that the Defendants maintain a residence at: Richard P. Hart, Jr. 5154 Kylock Road Mechanicsburg, PA Nancie J. Hart 5154 Kylock Road 17055 Mechanicsburg, PA 17055 Respectfully submitted, J Timothy A. Hoy, squire I.D. No. 47597 Heather Z. Kelly I.D. No. 86291 Mette, Evans & Woodside 3401 North Front Street Date: January 24, 2011 P.O. Box 5950 Harrisburg, PA 17110-0950 Telephone: (717) 232-5000 Attorneys for Plaintiff 534229v1 r5 METTE, EVANS & WOODSIDE Timothy A. Hoy, Esquire Attorney I.D. No. 47597 Heather Z. Kelly Attorney I.D. No. 86291 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 (717) 236-1816 (fax) METRO BANK, f/k/a Commerce Bank/Harrisburg, N.A., Plaintiff V. RICHARD P. HART, Jr. and NANCIE J. HART, Defendants 'uI I AN 25 P>y 3. 2 Cat- QLEo-0FF1Ci:- TH£ P p HO j , OTARY 1:U 18ERLANO OOU T3 ENNSYLVAI IA, i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. Notice Under Pa R.C.P. 2958.1 Of Judgment And Execution Thereon Notice of Defendant's Rights TO: Nancie J. Hart 5154 Kyloch Road Mechanicsburg, PA 17055 A judgment in the amount of $56,224.18 has been entered against you in favor of the plaintiff 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 YOU LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATON ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 1-800-990-9108 717-249-3166 Respectfully submitted, -& Lh:gn :2- - , Timothy A. Hoy, quire I.D. No. 47597 Heather Z. Kelly I.D. No. 86291 Mette, Evans & Woodside 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Telephone: (717) 232-5000 Attorneys for Plaintiff Date: January 24, 2011 r METTE, EVANS & WOODSIDE Timothy A. Hoy, Esquire Attorney I.D. No. 47597 Heather Z. Kelly Attorney I.D. No. 86291 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 (717) 236-1816 (fax) METRO BANK, f/k/a Commerce Bank/Harrisburg, N.A., Plaintiff V. RICHARD P. HART, Jr. and NANCIE J. HART, Defendants OF T FILED-OFFICE r 2011 JAN 25 PM 3: 23 CUMBERLAND CQUtI q J °ENNSYL VA.hf1 ^, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. //- RJR en/d Notice Under Pa R.C.P. 2958.1 Of Judgment And Execution Thereon Notice of Defendant's Rights TO: Richard P. Hart, Jr. 5154 Kyloch Road Mechanicsburg, PA 17055 A judgment in the amount of $56,224.18 has been entered against you in favor of the plaintiff 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. 534231v1 If- YOU SHOULD TAKE THIS PAPER TO YOU LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATON ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 1-800-990-9108 717-249-3166 Respectfully submitted, gAbl", - ? - k1l Timothy A. Ho squire I.D. No. 47597 Heather Z. Kelly I.D. No. 86291 Mette, Evans & Woodside 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Telephone: (717) 232-5000 Attorneys for Plaintiff Date: January 24, 2011 METTE, EVANS & WOODSIDE Timothy A. Hoy, Esquire Attorney I.D. No. 47597 Heather Z. Kelly Attorney I.D. No. 86291 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 (717) 236-1816 (fax) METRO BANK, f/k/a Commerce Bank/Harrisburg, N.A., Plaintiff V. RICHARD P. HART, Jr. and NANCIE J. HART, Defendants ? r l c Q. - r-- r\) CZ-1 O W Q r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. NOTICE UNDER 42 Pa. C.S.A. 2737.1 OF RIGHT TO RECOVER ATTORNEY FEES AND COSTS AND PROCEDURE TO FOLLOW TO STRIKE OFF OR OPEN A CONFESSED JUDGMENT TO: RICHARD P. HART, JR. NANCIE J. HART Pursuant to 42 Pa.C.S.A. 2737. 1, you are hereby notified that a debtor who has been incorrectly identified and had a confession of judgment entered against him shall be entitled to costs and reasonable attorney fees as determined by the court. Pursuant to 42 Pa.C.S.A. § 273 you are hereby notified of the instructions regarding the procedure to follow to strike off or open a confessed judgment under Pennsylvania Rule of Civil Procedure 2959, which is reproduced in full, on the following page. Respectfully submitted, Timothy A. Hoy, quire I.D. No. 47597 Heather Z. Kelly I.D. No. 86291 Mette, Evans & Woodside 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Telephone: (717) 232-5000 Attorneys for Plaintiff Date: January 24, 2011 PENNSYLVANIA RULE OF CIVIL PROCEDURE 2959 STRIKING OFF OR OPENING JUDGMENT; PLEADINGS AND PROCEDURE (a)(1) Relief from a judgment by confession shall besought by petition. Except as provided in subparagraph (2), all grounds for relief whether to strike off the judgment or to open it must be asserted in a single petition. The petition may be filed in the county in which the judgment was originally entered, in any county to which the judgment has been transferred or in any other county in which the sheriff has received a writ of execution directed to the sheriff to enforce the judgment (2) The ground that the waiver of the due process rights of notice and hearing was not voluntary, intelligent and knowing shall be raised only (i) in support of a further request for a stay of execution where the court has not stayed execution despite the timely filing of a petition for relief from the judgment and the presentation of prima facie evidence of a defense; and (ii) as provided by Rule 2958.3 or Rule 2973.3. (3) If written notice is served upon the petitioner pursuant to Rule 2956.1(c)(2) or Rule 2973.1(c), the petition shall be filed within thirty days after such service. Unless the defendant can demonstrate that there were compelling reasons for the delay, a petition not timely filed shall be denied. (b) If the petition states prima facie grounds for relief the court shall issue a rule to show cause and may grant a stay of proceedings. After being served with a copy of the petition the plaintiff shall file an answer on before the return day of the rule. The return day of the rule shall be fixed by the court by local rule or special order. (c) A party waives all defenses and objections which are not included in the petition or answer. (d) The petition and the rule to show cause and the answer shall be served as provided in Rule 440. (e) The court shall dispose of the rule on petition and answer, and on any testimony, depositions, admissions and other evidence. The court for cause shown may stay proceedings on the petition insofar as it seeks to open the judgment pending disposition of the application to strike off the judgment. If evidence is produced which in a jury trial would require the issues to be submitted to the jury the court shall open the judgment. (f) The lien of the judgment or of any levy or attachment shall be preserved while the proceedings to strike off or open the judgment are pending. (g) (1) A judgment shall not be stricken or opened because of a creditor's failure to provide a debtor with instructions imposed by an existing statute, if any, regarding procedures to follow to strike a judgment or regarding any rights available to an incorrectly identified debtor. (2) Subdivision (g)(1) shall apply to (1) judgment entered prior to the effective date of a subdivision (g) which have not been stricken or opened as of the effective date and (2) judgment entered on or after the effective date. 534282v1 METTE, EVANS & WOODSIDE Timothy A. Hoy, Esquire Attorney I.D. No. 47597 Heather Z. Kelly Attorney I.D. No. 86291 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 (717) 236-1816 (fax) METRO BANK, f/k/a Commerce Bank/Harrisburg, N.A., Plaintiff V. RICHARD P. HART, Jr. and NANCIE J. HART, Defendants TO: Nancie J. Hart 5154 Kylock Road Mechanicsburg, PA 17055 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. //- RIf NOTICE OF ENTRY OF JUDGMENT & ill You are hereby notified pursuant to Rule 236 of the Pennsylvania Rules of Civil Procedure that Judgment has been entered against you in the amount of $56,224.18, as provided in the Note referenced in the Complaint plus all interest after the entry of such judgment at the rate permitted by law. Prothonotary of Cumberland County 5' )-&1 a IS EAL Date BY? ?? r? ?. ?? (j METTE, EVANS & WOODSIDE Timothy A. Hoy, Esquire Attorney I.D. No. 47597 Heather Z. Kelly Attorney I.D. No. 86291 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 (717) 236-1816 (fax) METRO BANK, f/k/a Commerce Bank/Harrisburg, N.A., Plaintiff V. RICHARD P. HART, Jr. and NANCIE J. HART, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. //- SW Cy1/i NOTICE OF ENTRY OF JUDGMENT TO: Richard P. Hart, Jr. 5154 Kylock Road Mechanicsburg, PA 17055 You are hereby notified pursuant to Rule 236 of the Pennsylvania Rules of Civil Procedure that Judgment has been entered against you in the amount of $56,224.18, as provided in the Note referenced in the Complaint plus all interest after the entry of such judgment at the rate permitted by law. Date Prothonotary of Cumberland County SEAL By. 534227vl SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor Metro Bank f/k/a Commerce Bank vs. Richard P. Hart, Jr. (et al.) '-{r R n? ..aF i ti?E Tlt ?(?! I FEB -8 AM 9: c? R "UMBERLAHD 10 ENNS YL VA lkl f j Case Number 2011-868 SHERIFF'S RETURN OF SERVICE 02102/2011 10:50 AM - Stephen Bender, Deputy Sheriff, who being duly sworn according to law, states that on February 2, 2011 at 1050 hours, he served a true copy of the within Complaint in Confession of Judgment, Notice Under PA R.C.P. 2958.1 of Judgment and Execution Thereon and Notice Under 42 PA C.S.A. 2737.1 of Right to Recover Attorney Fees and Costs and Procedure to Follow to Strike Off or Open a Confessed Judgment, upon the within named defendant, to wit: Richard P. Hart Jr., by making known untc Nancie J. Hart, Wife of defendant at 5154 Kylock Road, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to her personally the said true and correct copy of the same. STEPHEN BENDER, DEPUTY 02/02/2011 10:50 AM - Stephen Bender, Deputy Sheriff, who being duly sworn according to law, states that on February 2, 2011 at 1050 hours, he served a true copy of the within Complaint in Confession of Judgment, Notice Under PA R.C.P. 2958.1 of Judgment and Execution Thereon and Notice Under 42 PA C.S.A. 2737.1 of Right to Recover Attorney Fees and Costs and Procedure to Follow to Strike Off or Open a Confessed Judgment, upon the within named defendant, to wit: Nancie J. Hart, by making known unto herself personally, at 5154 Kylock Road, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to her personally the said true and correct copy of the same. STEPHEN BENDER, DEPUTY SHERIFF COST: $53.44 February 03, 2011 SO ANSWERS, RONN R ANDERSON, SHERIFF