HomeMy WebLinkAbout11-5624
F !LED-OFFICE
E PROTHONOTARY
2011 JUL 12 PM 1: 10
CUMBERLAND COUNTY
PENNSYLVANIA
Heather Z. Kelly, Esquire
METTE, EVANS & WOODSIDE
Sup. Ct. ID No. 86291
3401 North Front Street
P.O. Box 5950
Harrisburg, PA 17110-0950
(717) 232-5000
(717) 236-1816 (fax)
hzkelly@mette.com
Attorneys for Plaintiff
METRO BANK, f/k/a Commerce
Bank/Harrisburg, N.A.
Plaintiff
V.
JEFFREY R. GETTYS and TAMMY D
GETTYS
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DOCKET NO. 11, S&a-I ??VO
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
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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.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
1-800-990-9108
717-249-316
2
METTE, EVANS & WOODSIDE
Heather Z. Kelly, Esquire
Sup. Ct. ID No. 86291
3401 North Front Street
P.O. Box 5950
Harrisburg, PA 17110-0950
(717) 232-5000
(717) 236-1816 (fax)
hzkellykmette.com
Attorneys for Plaintiff
METRO BANK, f/k/a COMMERCE
BANK/HARRISBURG, N.A.
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
JEFFREY R. GETTYS and TAMMY D
GETTYS
Defendants
DOCKET NO.
COMPLAINT IN MORTGAGE FORECLOSURE
Plaintiff, METRO BANK, f/k/a COMMERCE BANK/HARRISBURG, N.A. by its
attorneys files this Complaint in Mortgage Foreclosure pursuant to Pa. R.C.P. § 1141 et seq., and
in support thereof avers the following:
3
Parties
1. Plaintiff is Metro Bank, f/k/a Commerce Bank/Harrisburg, N.A., a Pennsylvania
state charted bank with offices at Metro Center, 3801 Paxton Street, Harrisburg, Pennsylvania
17111.
2. Defendants, Jeffrey R. Gettys and Tammy D. Gettys, husband and wife, are adult
individuals who reside at 87 Hoover Road, Carlisle, Cumberland County, Pennsylvania, 17013.
Jurisdiction & Venue
3. This Court has jurisdiction over this matter pursuant to 42 Pa. C.S.A. §931(a).
4. Venue is proper under 42 Pa. C.S.A. §931(c) because the subject property is in
Cumberland County.
Backeround
5. On September 17, 2008, Plaintiff made a loan to Mountain Aire Mechanical
Contracting, Inc. ("Mountain Aire") executed a Note in the original principal amount of Fifty
Thousand Dollars ($50,000.00) in favor of Plaintiff, which was modified on January 28, 2011 by
a Note Modification Agreement. (True and correct copies of the Note and Note Modification
Agreement are attached hereto as Exhibit "A," and are referred to collectively as the "Note").
6. By Unconditional Guarantees dated September 17, 2008 ("Guarantees"),
Defendants unconditionally guaranteed Mountain Aire's obligations under the Note. True and
correct copies of the Guarantees are attached hereto as Exhibit "B," and are incorporated herein.
7. Payment and performance obligations under the Note and Guarantees are secured
by a security interest created by a September 17, 2007 Mortgage executed by Defendants as
Grantors in favor of Plaintiff as Lender and recorded on September 30, 2008 in the Cumberland
County Recorder of Deeds Office, at Instrument Number 200833134. A true and correct copy of
4
the September 17, 2008 Mortgage is attached hereto as Exhibit "C" and made a part hereof (the
"Mortgage").
The real property subject to the Mortgage is located at and known as 87 Hoover
Road, Carlisle, Cumberland County, Pennsylvania, as more particularly described in the
Mortgage (the "Real Property").
9. Defendants are the real owners of the Real Property.
10. The Note, Guarantees and Mortgage are in default for, among other things, failure
to make payments when due.
11. Notice of such default and Defendants' rights under the Homeowner's Emergency
Mortgage Assistance Act of 1983 ("Act 91 ") and the Pennsylvania Loan Interest and Protection
Law ("Act 6") was provided to Defendants on March 11, 2011. True and correct copies of such
Notices are attached hereto as Exhibit "D" and made a part hereof (the "Notice")
12. Defendants have not taken any action prescribed in the Act 6/91 Notice.
13. As of June 24, 2011, the amount of such due and owing on the Loan is $32,289.57
which is computed as follows:
Principal: $29,991.02
Interest as of 6/24/11: $650.75
Late fees as of 6/24/11: $147.80
Attorneys Fees: $1,500.00
Total $32,289.57*
*Interest accruing at the per diem rate of $3.84, costs and attorneys fees continue to accrue from
June 24, 2011.
14. The attorney's fees set forth above are in conformity with the Mortgage
documents and Pennsylvania law, and, will be collected in the event of a third party purchaser at
Sheriff's sale. If the Mortgage is reinstated prior to the sale, reasonable attorneys' fees will be
charged based upon work actually performed.
COUNT I - MORTGAGE FORECLOSURE
15. The above paragraphs are incorporated herein by reference as if fully set forth.
16. The Note, Mortgage and Guarantees referenced herein and attached hereto as
Exhibits "A" through "C" have not been assigned.
17. Plaintiff is entitled to Judgment in Mortgage Foreclosure.
WHEREFORE, Plaintiff respectfully requests that your Honorable Court enter Judgment
in Mortgage Foreclosure in its favor and against Defendants in the amount of $32,289.57 plus
continuing interest at the rate of $3.84 per diem, as well as continuing costs, attorneys fees and
expenses, and authorizing sale of the Real Property by the Sheriff of Cumberland County on
such Judgment in Mortgage Foreclosure.
Respectfully submitted,
METTE, EVANS & WOODSIDE
Heather Z. Kelly, Esquire 41
Sup. Ct. I.D. No. 86291
3401 North Front Street
P.O. Box 5950
Harrisburg, PA 17110-0950
(717) 232-5000
(717) 236-1816 (fax)
Attorneys for Plaintiff
Date: July 11, 2011
6
VERIFICATION
I, John T. Robertson, have read the foregoing Complaint in Mortgage
Foreclosure and verify that the facts set forth therein are true and correct according to the best of
my knowledge, information and belief and that I am authorized to execute this Verification on
behalf of the bank.
I understand that any false statement made herein is subject to the penalties of 18
Pa. C.S.A. §4904, relating to unsworn falsificatii
Metro Bank
Dated: June 23, 2011
7
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03 snuil aunin MmhdxLratlon
U.S. Small Business Administration
NOTE
SBA Loan # 32025450-02
SBA Loan Name Mountain Aire Mechanical Contracting, Inc.
Date September 17, 2008
Loan Amount 50,000.00
Interest Rate Floating at New York Prime + 2.25%, to adjust calendar quarterly
Borrower Mountain Aire Mechanical Contracting, Inc.
Operating
Company
Lender COMMERCE BANK/HARRISBURG
1. PROMISE TO PAY:
In return for the Loan, Borrower promises to pay to the order of Lender the amount of
Fifty Thousand and no/100 Dollars,
interest on the unpaid principal balance, and all other amounts required by this Note.
2. DEFINITIONS:
"Collateral" means any property taken as security for payment of this Note or any guarantee of this Note.
"Guarantor" means each person or entity that signs a guarantee of payment of this Note.
"Loan" means the loan evidenced by this Note.
"Loan Documents" means the documents related to this loan signed by Borrower, any Guarantor, or anyone who
pledges collateral.
"SBA" means the Small Business Administration, an Agency of the United States of America.
SBA Form 147 (06/03102) Version 4.1 Page 116
Wolters Kluwer Financial Services, St. Cloud, MN
3. PAYMENT TERMS:
Borrower must make all payments at the place Lender designates. The payment terms for this Note are:
1.a Maturity: This Note will mature in 5 years from date of Note.
2.0 Repayment Terms: Lender must insert onto SBA Note, Form 147, to be executed by Borrower, the following
terms, without modification. Lender must complete all blank terms on the Note at time of closing:
The interest rate on this Note will fluctuate. The initial interest rate is 7.25% per year. This initial rate is the prime
rate on the date SBA received the loan application, plus 2.25%. The initial interest rate must remain in effect until
the first change period begins.
Borrower must pay principal and interest payments of $995.93 every month, beginning one month from the month
this Note is dated; payments must be made on the seventeenth calendar day in the months they are due.
Lender will apply each installment payment first to pay interest accrued to the day Lender receives the payment,
then to bring principal current, then to pay any late fees, and will apply any remaining balance to reduce principal.
The interest rate will be adjusted every calendar quarter (the "change period").
The "Prime Rate" is the prime rate in effect on the first business day of the month in which an interest rate change
occurs, as published in the Wall Street Journal on the next business day.
The adjusted interest rate will be 2.25% above the Prime Rate. Lender will adjust the interest rate on the first
calendar day of each change period. The change in interest rate is effective on that day whether or not Lender
gives Borrower notice of the change.
Lender must adjust the payment amount at least annually as needed to amortize principal over the remaining term
of the note.
If SBA purchases the guaranteed portion of the unpaid principal balance, the interest rate becomes fixed at the rate
in effect at the time of the earliest uncured payment default. If there is no uncured payment default, the rate
becomes fixed at the rate in effect at the time of purchase.
SBA Form 147 (06103/02) Version 4.1 Page 2/6
Wolters Kluwer Financial Services, St. Cloud, MN
4. DEFAULT:
Borrower is in default under this Note if Borrower does not make a payment when due under this Note, or if Borrower
or Operating Company:
A. Fails to do anything required by this Note and other Loan Documents;
B. Defaults on any other loan with Lender;
C. Does not preserve, or account to Lender's satisfaction for, any of the Collateral or its proceeds;
D. Does not disclose, or anyone acting on their behalf does not disclose, any material fact to Lender or SBA;
E. Makes, or anyone acting on their behalf makes, a materially false or misleading representation to Lender or SBA;
F. Defaults on any loan or agreement with another creditor, if Lender believes the default may materially affect
Borrower's ability to pay this Note;
G. Fails to pay any taxes when due;
H. -Becomes the subject of a proceeding under any. bankruptcy or insolvency law; _
1. Has a receiver or liquidator appointed for any part of their business or property;
I. Makes an assignment for the benefit of creditors;
K. Has any adverse change in financial condition or business operation that Lender believes may materially affect
Borrower's ability to pay this Note;
L. Reorganizes, merges, consolidates, or otherwise changes ownership or business structure without Lender's prior
written consent; or
M. Becomes the subject of a civil or criminal action that Lender believes may materially affect Borrower's ability to
pay this Note.
5. LENDER'S RIGHTS IF THERE 1S A DEFAULT:
Without notice or demand and without giving up any of its rights, Lender may:
A. Require immediate payment of all amounts owing under this Note;
B. Collect all amounts owing from any Borrower or Guarantor;
C. File suit and obtain judgment;
D. Take possession of any Collateral; or
E. Sell, lease, or otherwise dispose of, any Collateral at public or private sale, with or without advertisement.
6. LENDER'S GENERAL POWERS:
Without notice and without Borrower's consent, Lender may:
A. Bid on or buy the Collateral at its sale or the sale of another lienholder, at any price it chooses;
B. Incur expenses to collect amounts due under this Note, enforce the terms of this Note or any other Loan
Document, and preserve or dispose of the Collateral. Among other things, the expenses may include payments
for property taxes, prior liens, insurance, appraisals, environmental remediation costs, and reasonable attorney's
fees and costs. If Lender incurs such expenses, it may demand immediate repayment from Borrower or add the
expenses to the principal balance;
C. Release anyone obligated to pay this Note;
D. Compromise, release, renew, extend or substitute any of the Collateral; and
E. Take any action necessary to protect the Collateral or collect amounts owing on this Note.
SBA Forth 147 (06/03102) Version 4.1 Page 3/6
Wolters Kluwer Financial Services, St. Cloud, MN
7. WHEN FEDERAL LAW APPLIES:
When SBA is the holder, this Note will be interpreted and enforced under federal law, including SBA regulations.
Lender or SBA may use state or local procedures for filing papers, recording documents, giving notice, foreclosing
liens, and other purposes. By using such procedures, SBA does not waive any federal immunity from state or local
control, penalty, tax, or liability. As to this Note, Borrower may not claim or assert against SBA any local or state law
to deny any obligation, defeat any claim of SBA, or preempt federal law.
8. SUCCESSORS AND ASSIGNS:
Under this Note, Borrower and Operating Company include the successors of each, and Lender includes its successors
and assigns.
9. GENERAL PROVISIONS: - - --- - - -
A. All individuals and entities signing this Note are jointly and severally liable.
B. Borrower waives all suretyship defenses.
C. Borrower must sign all documents necessary at any time to comply with the Loan Documents and to enable
Lender to acquire, perfect, or maintain Lender's liens on Collateral.
D. Lender may exercise any of its rights separately or together, as many times and in any order it chooses. Lender
may delay or forgo enforcing any of its rights without giving up any of them.
E. Borrower may not use an oral statement of Lender or SBA to contradict or alter the written terms of this Note.
F. If any part of this Note is unenforceable, all other parts remain in effect.
G. To the extent allowed by law, Borrower waives all demands and notices in connection with this Note, including
presentment, demand, protest, and notice of dishonor. Borrower also waives any defenses based upon any claim
that Lender did not obtain any guarantee; did not obtain, perfect, or maintain a lien upon Collateral; impaired
Collateral; or did not obtain the fair market value of Collateral at a sale.
SBA Form 147 (06/03/02) Version 4.1 Page 4/6
Wolters Kluwer Financial Services, St. Cloud, MN
10. STATE-SPECIFIC PROVISIONS:
WARRANT OF AUTHORITY TO CONFESS JUDGEMENT. Upon default, in addition to all other remedies and rights available to
you, by signing below I irrevocably authorize the prothonotary, clerk, or any attorney to appear in any court of record having
jurisdiction over this matter and to confess judgment against me at any time without stay of execution. I waive notice, service of
process, and process. I agree and understand that judgment may be confessed against me for any unpaid principal, accrued
charges due on this Note, plus collection costs and reasonable attorneys' fees up to 15 percent of the judgement. The exercise of
the power to confess judgment will not exhaust this warrant of authority to understand that my property may be seized without prior
notice to satisfy the debt owed. I knowingly, intentionally, and voluntarily waive any and all constitutional rights I have to
pre-deprivation notice and hearing under federal and state laws and fully understand the consequences of this waiver.
By signing immediately below, I agree to the terms of the CONFESSION OF JUDGEMENT section.
(Ag& ?&?
Je a ettys, President
alnIw
DATE
SBA Form 147 (06103102) Version 4.1 Page 5/6
Wolters Kluwer Financial Services, St. Cloud, MN
1 1. BORROWER'S NAME(S) AND SIGNATURE(S):
By signing below, each individual or entity becomes obligated under this Note as Borrower.
Mountain Aire Mechanical Contracting, Inc.
Jeffrey R.
.4
9/17108
SBA Form 147 (06103102) Version 4.1 Page 616
Wolters Kluwer Financial Services, St. Cloud, MN
NOTE MODIFICATION AGREEMENT
THIS NOTE MODIFICATION AGREEMENT, made and entered into as of this 28st day of January, 2011, by and
between Metro Bank (hereinafter called "Lender"), having its principal place of business at 3801 Paxton Street, Harrisburg
Pennsylvania 17111, and Mountain Aire Mechanical Contracting, Inc. (hereinafter called "Borrower").
W ITN ESSETH:
WHEREAS, Borrower executed and delivered to Lender a Note dated September 17, 2008 (the "Note"), in the
original amount of $50,000.00, which evidences a loan (#32025450-02) by the Lender to the Borrower; and
WHEREAS, the Lender and Borrower mutually agree to modify the terms of the Note to extend the maturity date
and re-amortize the loan balance, as hereinafter provided.
NOW THEREFORE, for value received and in consideration of the mutual covenants and agreements hereinafter
contained and intending to be legally bound hereby, Lender and Borrower covenant and agree to amend and modify the
Note heretofore described as follows:
1. Effective November 17, 2010 the balance of the Loan shall be re-amortized based on a ninety-four (94)
month term with a ninety-four (94) month amortization. Principal and interest payments in the amount
of $262.67 per month will commence December 17, 2010 and shall continue throughout the remaining
term of the loan. The maturity date shall be September 17, 2018.
Upon the execution and delivery of this Note Modification Agreement, Borrower shall pay the current
principal due for November 17, 2010 in the amount of $397.78.?
Reference to Lender: This Note Modification Agreement is being made by Metro Bank formerly known as Commerce
Bank/Harrisburg, N.A.
Confession of Judgment: BORROWER AGREES THAT THE CONFESSION OF JUDGMENT CLAUSE CONTAINED IN THE
NOTE DATED SEPTEMBER 17, 2008, REMAINS IN FULL FORCE AND EFFECT AND LENDER'S RIGHTS THEREUNDER
CONTINUE WITH THE SIGNING OF THIS NOTE MODIFICATION AGREEMENT. THE DISCLOSURE FOR CONFESSION OF
JUDGMENT DATED SEPTEMBER 17, 2008 REMAINS IN FULL FORCE AND EFFECT AND IS DEEMED TO BE REAFFIRMED
WITH THE SIGNING OF THIS NOTE MODIFICATION AGREEMENT. BOTH THE NOTE AND THE DISCLOSURE FOR
CONFESSION OF JUDGMENT ARE ATTACHED HERETO AS EXHIBIT A.
Except to the extent specifically set forth herein, all of the terms, conditions, covenants and agreements contained in the
Note shall remain in full force and effect. Borrower hereby ratifies and affirms each and every term and condition,
obligation, and covenant of Borrower under the Note in. every respect and shall pay and discharge the indebtedness
evidenced by the Note in accordance with its terms as modified herein. This Modification shall not altar, diminish, or
otherwise affect the lien of the Mortgage or the collateral therein described.
NOTE MODIFICATION AGREEMENT (cont'd)
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written.
Witness:
Borrower:
MOUNTAIN AIRE MECHANICAL CONTRACTING, INC.
BY:
Je ey XGetWs, s ident
3
Us, Small &Wrmw AdmlaW"tjm
. U.S. Small Business Administration
UNCONDITIONAL GUARANTEE
SBA Loan # 32025450-02
SBA Loan Name Mountain Aire Mechanical Contracting, Inc.
Guarantor Jeffrey R. Gettys
Borrower Mountain Aire Mechanical Contracting, Inc.
Lender COMMERCE BANK/HARRISBURG
Date September 17, 2008
Note Amount 50,000.00
1. GUARANTEE:
Guarantor unconditionally guarantees payment to Lender of all amounts owing under the Note. This Guarantee remains
in effect until the Note is paid in full. Guarantor must pay all amounts due under the Note when Lender makes written
demand upon Guarantor. Lender is not required to seek payment from any other source before demanding payment from
Guarantor.
2. NOTE:
The "Note" is the promissory note dated September 17, 2008 in the principal amount of
Fifty Thousand and no/100 Dollars,
from Borrower to Lender. It includes any assumption, renewal, substitution, or replacement of the Note, and multiple
notes under a line of credit.
3. DEFINITIONS:
"Collateral" means any property taken as security for payment of the Note or any guarantee of the Note.
"Loan" means the loan evidenced by the Note.
"Loan Documents" means the documents related to the Loan signed by Borrower, Guarantor or any other guarantor, or
anyone who pledges Collateral.
"SBA" means the Small Business Administration, an Agency of the United States of America.
SBA Form 148 (10198) Previous editions obsolete. Page 1/5
Wolters Kluwer Financial Services, St. Cloud, MN
4. LENDER'S GENERAL POWERS:
Lender may take any of the following actions at any time, without notice, without Guarantor's consent, and without
making demand upon Guarantor:
A. Modify the terms of the Note or any other Loan Document except to increase the amounts due under the Note;
B. Refrain from taking any action on the Note, the Collateral, or any guarantee;
C. Release any Borrower or any guarantor of the Note;
D. Compromise or settle with the Borrower or any guarantor of the Note;
E. Substitute or release any of the Collateral, whether or not Lender receives anything in return;
F. Foreclose upon or otherwise obtain, and dispose of, any Collateral at public or private sale, with or without
advertisement;
G. Bid or buy at any sale of Collateral by Lender or any other lienholder, at any price Lender chooses; and
H. Exercise any rights it has, including those in the Note and other Loan Documents.
These actions will not release or reduce the obligations of Guarantor or create any rights or claims against Lender.
5. FEDERAL LAW:
When SBA is the holder, the Note and this Guarantee will be construed and enforced under federal law, including SBA
regulations. Lender or SBA may use state or local procedures for filing papers, recording documents, giving notice,
foreclosing liens, and other purposes. By using such procedures, SBA does not waive any federal immunity from state or
local control, penalty, tax, or liability. As to this Guarantee, Guarantor may not claim or assert any local or state law
against SBA to deny any obligation, defeat any claim of SBA, or preempt federal law.
6. RIGHTS, NOTICES, AND DEFENSES THAT GUARANTOR WAIVES:
To the extent permitted by law,
A. Guarantor waives all rights to:
1) Require presentment, protest, or demand upon Borrower;
2) Redeem any Collateral before or after Lender disposes of it;
3) Have any disposition of Collateral advertised; and
4) Require a valuation of Collateral before or after Lender disposes of it.
B. Guarantor waives any notice of:
1) Any default under the Note;
2) Presentment, dishonor, protest, or demand;
3) Execution of the Note;
4) Any action or inaction on the Note or Collateral, such as disbursements, payment, nonpayment, acceleration,
intent to accelerate, assignment, collection activity, and incurring enforcement expenses;
5) Any change in the financial condition or business operations of Borrower or any guarantor;
6) Any changes in the terms of the Note or other Loan Documents, except increases in the amounts due under the
Note; and
7) The time or place of any sale or other disposition of Collateral.
C. Guarantor waives defenses based upon any claim that:
1) Lender failed to obtain any guarantee;
2) Lender failed to obtain, perfect, or maintain a security interest in any property offered or taken as Collateral;
3) Lender or others improperly valued or inspected the Collateral;
4) The Collateral changed in value, or was neglected, lost, destroyed, or underinsured;
SBA Form 148 (10198) Previous editions obsolete. Page M
Wolters Kluwer Financial Services, St. Cloud, MN
5) Lender impaired the Collateral;
6) Lender did not dispose of any of the Collateral;
7) Lender did not conduct a commercially reasonable sale;
8) Lender did not obtain the fair market value of the Collateral;
9) Lender did not make or perfect a claim upon the death or disability of Borrower or any guarantor of the
Note;
10) The financial condition of Borrower or any guarantor was overstated or has adversely changed;
11) Lender made errors or omissions in Loan Documents or administration of the Loan;
12) Lender did not seek payment from the Borrower, any other guarantors, or any Collateral before demanding
payment from Guarantor:
13) Lender impaired Guarantor's suretyship rights;
14) Lender modified the Note terms, other than to increase amounts due under the Note. If Lender modifies the
Note to increase the amounts due under the Note without Guarantor's consent, Guarantor will not be liable
for the increased amounts and related interest and expenses, but remains liable for all other amounts;
15) Borrower has avoided liability on the Note; or
16) Lender has taken an action allowed under the Note, this Guarantee, or other Loan Documents.
7. DUTIES AS TO COLLATERAL:
Guarantor will preserve the Collateral pledged by Guarantor to secure this Guarantee. Lender has no duty to preserve
or dispose of any Collateral.
8. SUCCESSORS AND ASSIGNS:
Under this Guarantee, Guarantor includes heirs and successors, and Lender includes its successors and assigns.
9. GENERAL PROVISIONS:
A. ENFORCEMENT EXPENSES. Guarantor promises to pay all expenses Lender incurs to enforce this Guarantee,
including, but not limited to, attorney's fees and costs.
B. SBA NOT A CO-GUARANTOR. Guarantor's liability will continue even if SBA pays Lender. SBA is not a
co-guarantor with Guarantor. Guarantor has no right of contribution from SBA.
C. SUBROGATION RIGHTS. Guarantor has no subrogation rights as to the Note or the Collateral until the Note is
paid in full.
D. JOINT AND SEVERAL LIABILITY. All individuals and entities signing as Guarantor are jointly and severally
liable.
E. DOCUMENT SIGNING. Guarantor must sign all documents necessary at any time to comply with the Loan
Documents and to enable Lender to acquire, perfect, or maintain Lender's liens on Collateral.
F. FINANCIAL STATEMENTS. Guarantor must give Lender financial statements as Lender requires.
G. LENDER'S RIGHTS CUMULATIVE, NOT WAIVED. Lender may exercise any of its rights separately or
together, as many times as it chooses. Lender may delay or forgo enforcing any of its rights without losing or
impairing any of them.
H. ORAL STATEMENTS NOT BINDING. Guarantor may not use an oral statement to contradict or alter the written
terms of the Note or this Guarantee, or to raise a defense to this Guarantee.
1. SEVERABILITY. If any part of this Guarantee is found to be unenforceable, all other parts will remain in effect.
J. CONSIDERATION. The consideration for this Guarantee is the Loan or any accommodation by Lender as to the
Loan.
SBA Form 148 (10198) Previous editions obsolete. Page 3/5
Wolters Kluwer Financial Services, St. Cloud, MN
10. STATE-SPECIFIC PROVISIONS:
WARRANT OF AUTHORITY TO CONFESS JUDGEMENT. Upon default, in addition to all other remedies and rights available to you,
by signing below I irrevocably authorize the prothonotary, clerk, or any attorney to appear in any court of record having jurisdiction
over this matter and to confess judgment against me at any time without stay of execution. I waive notice, service of process, and
process. I agree and understand that judgment may be confessed against me for any unpaid principal, accrued charges due on this
Note, plus collection costs and reasonable attorneys' fees up to 15 percent of the judgement. The exercise of the power to confess
judgment will not exhaust this warrant of authority to understand that my property may be seized without prior notice to satisfy the debt
owed. I knowingly, intentionally, and voluntarily waive any and all constitutional rights I have to pre-deprivation notice and hearing
under federal and state laws and fully understand the consequences of this waiver.
By signing immediately below, I agree to the terms of the CONFESSION OF JUDGEMENT section.
?'V?a?A
Jeffrey
irtu, Individually
9II11LOY
DATE
SBA Form 148 (10/98) Previous editions obsolete. Page 415
Wolters Kluwer Financial Services, St. Cloud, MN
1 1. GUARANTOR ACKNOWLEDGMENT OF TERMS.
Guarantor acknowledges that Guarantor has read and understands the significance of all terms of the Note and this
Guarantee, including all waivers.
12. GUARANTOR NAME(S) AND SIGNATURE(S):
By signing below, each individual or entity becomes obligated as Guarantor under this Guarantee.
Mountain Aire Mechanical Contracting, Inc.
9/17/08
SBA Form 148 (10/98) Previous editions obsolete. Page 5/5
Wolters Kluwer Financial Services, St. Cloud, MN
us 9=11 BuAin? A4m1 istrft.ioo
U.S. Small Business Administration
UNCONDITIONAL GUARANTEE
SBA Loan # 32025450-02
SBA Loan Name Mountain Aire Mechanical Contracting, Inc.
Guarantor Tammy D. Gettys
Borrower Mountain Aire Mechanical Contracting, Inc.
Lender COMMERCE BANK/HARRISBURG
Date September 17, 2008
Note Amount 50,000.00
1. GUARANTEE:
Guarantor unconditionally guarantees payment to Lender of all amounts owing under the Note. This Guarantee remains
in effect until the Note is paid in full. Guarantor must pay all amounts due under the Note when Lender makes written
demand upon Guarantor. Lender is not required to seek payment from any other source before demanding payment from
Guarantor.
2. NOTE:
The "Note" is the promissory note dated September 17, 2008 in the principal amount of
Fifty Thousand and no1100 Dollars,
from Borrower to Lender. It includes any assumption, renewal, substitution, or replacement of the Note, and multiple
notes under a line of credit.
3. DEFINITIONS:
"Collateral" means any property taken as security for payment of the Note or any guarantee of the Note.
"Loan" means the loan evidenced by the Note.
"Loan Documents" means the documents related to the Loan signed by Borrower, Guarantor or any other guarantor, or
anyone who pledges Collateral.
"SBA" means the Small Business Administration, an Agency of the United States of America.
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4. LENDER'S GENERAL POWERS:
Lender may take any of the following actions at any time, without notice, without Guarantor's consent, and without
making demand upon Guarantor:
A. Modify the terms of the Note or any other Loan Document except to increase the amounts due under the Note;
B. Refrain from taking any action on the Note, the Collateral, or any guarantee;
C. Release any Borrower or any guarantor of the Note;
D. Compromise or settle with the Borrower or any guarantor of the Note;
E. Substitute or release any of the Collateral, whether or not Lender receives anything in return;
F. Foreclose upon or otherwise obtain, and dispose of, any Collateral at public or private sale, with or without
advertisement;
G. Bid or buy at any sale of Collateral by Lender or any other lienholder, at any price Lender chooses; and
H. Exercise any rights it has, including those in the Note and other Loan Documents.
These actions will not release or reduce the obligations of Guarantor or create any rights or claims against Lender.
5. FEDERAL LAW:
When SBA is the holder, the Note and this Guarantee will be construed and enforced under federal law, including SBA
regulations. Lender or SBA may use state or local procedures for filing papers, recording documents, giving notice,
foreclosing liens, and other purposes. By using such procedures, SBA does not waive any federal immunity from state or
local control, penalty, tax, or liability. As to this Guarantee, Guarantor may not claim or assert any local or state law
against SBA to deny any obligation, defeat any claim of SBA, or preempt federal law.
6. RIGHTS, NOTICES, AND DEFENSES THAT GUARANTOR WAIVES:
To the extent permitted by law,
A. Guarantor waives all rights to:
1) Require presentment, protest, or demand upon Borrower;
2) Redeem any Collateral before or after Lender disposes of it;
3) Have any disposition of Collateral advertised; and
4) Require a valuation of Collateral before or after Lender disposes of it.
B. Guarantor waives any notice of:
1) Any default under the Note;
2) Presentment, dishonor, protest, or demand;
3) Execution of the Note;
4) Any action or inaction on the Note or Collateral, such as disbursements, payment, nonpayment, acceleration,
intent to accelerate, assignment, collection activity, and incurring enforcement expenses;
5) Any change in the financial condition or business operations of Borrower or any guarantor;
6) Any changes in the terms of the Note or other Loan Documents, except increases in the amounts due under the
Note; and
7) The time or place of any sale or other disposition of Collateral.
C. Guarantor waives defenses based upon any claim that:
1) Lender failed to obtain any guarantee;
2) Lender failed to obtain, perfect, or maintain a security interest in any property offered or taken as Collateral;
3) Lender or others improperly valued or inspected the Collateral;
4) The Collateral changed in value, or was neglected, lost, destroyed, or underinsured;
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Wolters Kluwer Financial Services, St. Cloud, MN
5) Lender impaired the Collateral;
6) Lender did not dispose of any of the Collateral;
7) Lender did not conduct a commercially reasonable sale;
8) Lender did not obtain the fair market value of the Collateral;
9) Lender did not make or perfect a claim upon the death or disability of Borrower or any guarantor of the
Note;
10) The financial condition of Borrower or any guarantor was overstated or has adversely changed;
11) Lender made errors or omissions in Loan Documents or administration of the Loan;
12) Lender did not seek payment from the Borrower, any other guarantors, or any Collateral before demanding
payment from Guarantor:
13) Lender impaired Guarantor's suretyship rights;
14) Lender modified the Note terms, other than to increase amounts due under the Note. If Lender modifies the
Note to increase the amounts due under the Note without Guarantor's consent, Guarantor will not be liable
for the increased amounts and related interest and expenses, but remains liable for all other amounts;
15) Borrower has avoided liability on the Note; or
16) Lender has taken an action allowed under the Note, this Guarantee, or other Loan Documents.
7. DUTIES AS TO COLLATERAL:
Guarantor will preserve the Collateral pledged by Guarantor to secure this Guarantee. Lender has no duty to preserve
or dispose of any Collateral.
8. SUCCESSORS AND ASSIGNS:
Under this Guarantee, Guarantor includes heirs and successors, and Lender includes its successors and assigns.
9. GENERAL PROVISIONS:
A. ENFORCEMENT EXPENSES. Guarantor promises to pay all expenses Lender incurs to enforce this Guarantee,
including, but not limited to, attorney's fees and costs.
B. SBA NOT A CO-GUARANTOR. Guarantor's liability will continue even if SBA pays Lender. SBA is not a
co-guarantor with Guarantor. Guarantor has no right of contribution from SBA.
C. SUBROGATION RIGHTS. Guarantor has no subrogation rights as to the Note or the Collateral until the Note is
paid in full.
D. JOINT AND SEVERAL LIABILITY. All individuals and entities signing as Guarantor are jointly and severally
liable.
E. DOCUMENT SIGNING. Guarantor must sign all documents necessary at any time to comply with the Loan
Documents and to enable Lender to acquire, perfect, or maintain Lender's liens on Collateral.
F. FINANCIAL STATEMENTS. Guarantor must give Lender financial statements as Lender requires.
G. LENDER'S RIGHTS CUMULATIVE, NOT WAIVED. Lender may exercise any of its rights separately or
together, as many times as it chooses. Lender may delay or forgo enforcing any of its rights without losing or
impairing any of them.
H. ORAL STATEMENTS NOT BINDING. Guarantor may not use an oral statement to contradict or alter the written
terms of the Note or this Guarantee, or to raise a defense to this Guarantee.
1. SEVERABILITY. If any part of this Guarantee is found to be unenforceable, all other parts will remain in effect.
J. CONSIDERATION. The consideration for this Guarantee is the Loan or any accommodation by Lender as to the
Loan.
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10. STATE-SPECIFIC PROVISIONS:
WARRANT OF AUTHORITY TO CONFESS JUDGEMENT. Upon default, in addition to all other remedies and rights available to you,
by signing below I irrevocably authorize the prothonotary, clerk, or any attorney to appear in any court of record having jurisdiction
over this matter and to confess judgment against me at any time without stay of execution. I waive notice, service of process, and
process. I agree and understand that judgment may be confessed against me for any unpaid principal, accrued charges due on this
Note, plus collection costs and reasonable attorneys' fees up to 15 percent of the judgement. The exercise of the power to confess
judgment will not exhaust this warrant of authority to understand that my property may be seized without prior notice to satisfy the debt
owed. I knowingly, intentionally, and voluntarily waive any and all constitutional rights I have to pre-deprivation notice and hearing
under federal and state laws and fully understand the consequences of this waiver.
By signing immediately below, I agree to the terms of the CONFESSION OF JUDGEMENT section.
Tammy D. s, Individually
g11710Y
DATE
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1 1. GUARANTOR ACKNOWLEDGMENT OF TERMS.
Guarantor acknowledges that Guarantor has read and understands the significance of all terms of the Note and this
Guarantee, including all waivers.
12. GUARANTOR NAME(S) AND SIGNATURE(S):
By signing below, each individual or entity becomes obligated as Guarantor under this Guarantee.
Mountain Aire Mechanical Contracting, Inc.
i
9/17/08
Tammy D. Gett)bWndividually
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Wolters Kluwer Financial Services, St. Cloud, MN
G?XN'3???
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rrL?, U ?f1 f r (c.
Parcel Identification
Number:
21-08-0573-070
RECORDATION
REQUESTED BY:
COMMERCE
BANK/HARRISBURG N.A.
COMMERCIAL BUSINESS
DEPARTMENT
3801PAXTON STREET
HARRISBURG, PA 17111
WHEN RECORDED MAIL
TO:
COMMERCE
BANK/HARRISBURG N.A.
LOAN SERVICING
3801 PAXTON STREET
HARRISBURG, PA
17111-1418
V
SEND TAX NOTICES TO:
Jeffrey R. Gettys
Tammy D. Gettys
87 Hoover Road
Carlisle PA 17013 FOR RECORDER'S USE ONLY
MORTGAGE
Amount Secured Hereby: $50,000.00
THIS MORTGAGE dated September 17, 2008, is made and executed between Jeffrey R. Gettys
and Tammy D. Gettys, whose address is 87 Hoover Road, Carlisle, PA 17013 (referred to
below as "Grantor") and COMMERCE BANK/HARRISBURG N.A., whose address is 3801
PAXTON STREET, HARRISBURG, PA 17111 (referred to below as "Lender").
GRANT OF MORTGAGE. For valuable consideration, Grantor grants, bargains, sells, conveys, assigns, transfers,
releases, confirms and mortgages to Lender all of Grantor's right, title, and interest in and to the following described
real property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all
streets, lanes, alleys, passages, and ways; all easements, rights of way, all liberties, privileges, tenements,
hereditaments, and appurtenances thereunto belonging or anywise made appurtenant hereafter, and the reversions and
remainders with respect thereto; all water, water rights, watercourses and ditch rights (including stock in utilities with
ditch or irrigation rights); and all other rights, royalties, and profits relating to the real property, including without
limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") located in Cumberland
County, Commonwealth of Pennsylvania:
See Exhibit "A", which is attached to this Mortgage and made a part of this Mortgage as if
fully set forth herein.
The Real Property or its address is commonly known as 87 Hoover Road, Carlisle, PA 17013.
The Real Property parcel identification number is 21-08-0573-070.
CROSS-COLLATERALIZATION. In addition to the Note, this Mortgage secures all obligations, debts and liabilities, plus
interest thereon, of either Grantor or Borrower to Lender, or any one or more of them, as well as all claims by Lender
against Borrower and Grantor or any one or more of them, whether now existing or hereafter arising, whether related or
unrelated to the purpose of the Note, whether voluntary or otherwise, whether due or not due, direct or indirect,
determined or undetermined, absolute or contingent, liquidated or unliquidated, whether Borrower or Grantor may be
liable individually or jointly with others, whether obligated as guarantor, surety, accommodation party or otherwise, and
whether recovery upon such amounts may be or hereafter may become barred by any statute of limitations, and
whether the obligation to repay such amounts may be or hereafter may become otherwise unenforceable.
Grantor presently assigns to Lender all of Grantor's right, title, and interest in and to all present and future leases of the
Property and all Rents from the Property. In addition, Grantor grants to Lender a Uniform Commercial Code security
interest in the Personal Property and Rents.
MORTGAGE
Loan No: 3202545002 (Continued) Page 2
THIS MORTGAGE, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND
PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND '(B) PERFORMANCE OF
ANY AND ALL OBLIGATIONS UNDER THE NOTE IN THE ORIGINAL PRINCIPAL AMOUNT OF $50,000.00, THE
RELATED DOCUMENTS, AND THIS MORTGAGE. THIS MORTGAGE IS GIVEN AND ACCEPTED ON THE FOLLOWING
TERMS:
GRANTOR'S WAIVERS. Grantor waives all rights or defenses arising by reason of any "one action" or "anti-deficiency"
law, or any other law which may prevent Lender from bringing any action against Grantor, including a claim for
deficiency to the extent Lander is otherwise entitled to a claim for deficiency, before or after Lender's commencement
or completion of any foreclosure action, either judicially or by exercise of a power of sale.
GRANTOR'S REPRESENTATIONS AND WARRANTIES. Grantor warrants that: (a) this Mortgage is executed at
Borrower's request and not at the request of Lender; (b) Grantor has the full power, right, and authority to enter into
this Mortgage and to hypothecate the Property; (c) the provisions of this Mortgage do not conflict with, or result in a
default under any agreement or other instrument binding upon Grantor and do not result in a violation of any law,
regulation, court decree or order applicable to Grantor; (d) Grantor has established adequate means of obtaining from
Borrower on a continuing basis information about Borrower's financial condition; and (e) Lender has made no
representation to Grantor about Borrower (including without limitation the creditworthiness of Borrower).
PAYMENT AND PERFORMANCE. Except as otherwise provided in this Mortgage, Borrower and Grantor shall pay to
Lender all Indebtedness secured by this Mortgage as it becomes due, and Borrower and Grantor shall strictly perform all
Borrower's and Grantor's obligations under this Mortgage.
POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Grantor agree that Borrower's and Grantor's
possession and use of the Property shall be governed by the following provisions:
Possession and Use. Until the occurrence of an Event of Default, Grantor may 11) remain in possession and
control of the Property; (2) use, operate or manage the Property; and (3) collect the Rents from the Property,
Duty to Maintain. Grantor shall maintain the Property in tenantable condition and promptly perform all repairs,
replacements, and maintenance necessary to preserve its value.
Compliance With Environmental Laws. Grantor represents and warrants to Lender that: (1) During the period of
Grantor's ownership of the Property, there has been no use, generation, manufacture, storage, treatment, disposal,
release or threatened release of any Hazardous Substance by any person on, under, about or from the Property;
(2) Grantor has no knowledge of, or reason to believe that there has been, except as previously disclosed to and
acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws, (b) any use,
generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance
on, under, about or from the Property by any prior owners or occupants of the Property, or (c) any actual or
threatened litigation or claims of any kind by any person relating to such matters; and (3) Except as previously
disclosed to and acknowledged by Lender in writing, (a) neither Grantor nor any tenant, contractor, agent or other
authorized user of the Property shall use, generate, manufacture, store, treat, dispose of or release any Hazardous
Substance on, under, about or from the Property; and (b) any such activity shall be conducted in compliance with
all applicable federal, state, and local laws, regulations and ordinances, including without limitation all
Environmental Laws. Grantor authorizes Lender and its agents to enter upon the Property to make such
inspections and tests, at Grantor's expense, as Lender may deem appropriate to determine compliance of the
Property with this section of the Mortgage. Any inspections or tests made by Lender shall be for Lender's
purposes only and shall not be construed to create any responsibility or liability on the part of Lender to Grantor or
to any other person. The representations and warranties contained herein are based on Grantor's due diligence in
investigating the Property for Hazardous Substances. Grantor hereby (1) releases and waives any future claims
against Lender for indemnity or contribution in the event Grantor becomes liable for cleanup or other costs under
any such laws; and (2) agrees to indemnify, defend, and hold harmless Lender against any and all claims, losses,
liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from
a breach of this section of the Mortgage or as a consequence of any use, generation, manufacture, storage,
disposal, release or threatened release occurring prior to Grantor's ownership or interest in the Property, whether
or not the same was or should have been known to Grantor. The provisions of this section of the Mortgage,
including the obligation to indemnify and defend, shall survive the payment of the Indebtedness and the satisfaction
and reconveyance of the lien of this Mortgage and shall not be affected by Lender's acquisition of any interest in
the Property, whether by foreclosure or otherwise.
Nuisance, Waste. Grantor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any
stripping of or waste on or to the Property or any portion of the Property. Without limiting the generality of the
foregoing, Grantor will not remove, or grant to any other party the right to remove, any timber, minerals (including
oil and gas), coal, clay, scoria, soil, gravel or rock products without Lender's prior written consent.
Removal of Improvements. Grantor shall not demolish or remove any Improvements from the Real Property
without Lender's prior written consent. As a condition to the removal of any Improvements, Lender may require
MORTGAGE
Loan No: 3202545002 (Continued) Page 3
Grantor to make arrangements satisfactory to Lender to replace such Improvements with Improvements of at least
equal value.
Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all
reasonable times to attend to Lender's interests and to inspect the Real Property for purposes of Grantor's
compliance with the terms and conditions of this Mortgage.
Compliance with Governmental Requirements. Grantor shall promptly comply with all laws, ordinances, and
regulations, now or hereafter in effect, of all governmental authorities applicable to the use or occupancy of the
Property, including without limitation, the Americans With Disabilities Act. Grantor may contest in good faith any
such law, ordinance, or regulation and withhold compliance during any proceeding, including appropriate appeals,
so long as Grantor has notified Lender in writing prior to doing so and so long as, in Lender's sole opinion, Lender's
interests in the Property are not jeopardized. Lender may require Grantor to post adequate security or a surety
bond, reasonably satisfactory to Lender, to protect Lender's interest,
Duty to Protect. Grantor agrees neither to abandon or leave unattended the Property. Grantor shall do all other
acts, in addition to those acts set forth above in this section, which from the character and use of the Property are
reasonably necessary to protect and preserve the Property.
DUE ON SALE - CONSENT RY LENDER. Lender may, at Lender's option, declare immediately due and payable all sums
secured by this Mortgage upon the sale or transfer, without Lender's prior written consent, of all or any part of the Real
Property, or any interest in the Real Property. A "sale or transfer" means the conveyance of Real Property or any right,
title or interest in the Real Property; whether legal, beneficial or equitable; whether voluntary or involuntary; whether by
outright sale, deed, installment sale contract, land contract, contract for deed, leasehold interest with a term greater
than three (3) years, lease-option contract, or by sale, assignment, or transfer of any beneficial interest in or to any land
trust holding title to the Peal Property, or by any other method of conveyance of an interest in the Real Property. If any
Grantor is a corporation, partnership or limited liability company, transfer also includes any change in ownership of more
than twenty-five percent (25%) of the voting stock, partnership interests or limited liability company interests, as the
case may be, of such Grantor. However, this option shall not be exercised by Lender If. such exercise is prohibited by
federal law or by Pennsylvania law.
TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Mortgage:
Payment. Grantor shall pay when due land in all events prior to delinquency) all taxes, payroll taxes, special taxes,
assessments, water charges and sewer service charges levied against or on account of the Property, and shall pay
when due all claims for work done on or for services rendered or material furnished to the Property. Grantor shall
maintain the Property free of any liens having priority over or equal to the interest of Lender under this Mortgage,
except for the Existing Indebtedness referred to in this Mortgage or those liens specifically agreed to in writing by
Lender, and except for the lien of taxes and assessments not due as further specified in the Right to Contest
paragraph.
Right to Contest. Grantor may withhold payment of any tax, assessment, or claim in connection with a good faith
dispute over the obligation to pay, so long as Lender's interest in the Property is not jeopardized. If a lien arises or
is filed as a result of nonpayment, Grantor shall within fifteen 115) days after the lien arises or, if a lien is filed,
within fifteen (15) days after Grantor has notice of the filing, secure the discharge of the lien, or if requested by
Lender, deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender in an
amount sufficient to discharge the lien plus any costs and reasonable attorneys' fees, or other charges that could
accrue as a result of a foreclosure or sale under the lien. In any contest, Grantor shall defend itself and Lender and
shall satisfy any adverse judgment before enforcement against the Property. Grantor shall name Lender as an
additional obligee under any surety bond furnished in the contest proceedings.
Evidence of Payment. Grantor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes
or assessments and shall authorize the appropriate governmental official to deliver to Lender at any time a written
statement of the taxes and assessments against the Property.
Notice of Construction. Grantor shall notify Lender at least fifteen 115) days before any work is commenced, any
services are furnished, or any materials are supplied to the Property, if any mechanic's lien, materialmen's lien, or
other lien could be asserted on account of the work, services, or materials. Grantor will upon request of Lender
furnish to Lender advance assurances satisfactory to Lender that Grantor can and will pay the cost of such
improvements.
PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this
Mortgage:
Maintenance of Insurance. Grantor shall procure and maintain policies of fire insurance with standard extended
coverage endorsements on a replacement basis for the full insurable value covering all Improvements on the Real
Property in an amount sufficient to avoid application of any coinsurance clause, and with a standard mortgagee
clause in favor of Lender. Grantor shall also procure and maintain comprehensive general liability insurance in such
MORTGAGE
Loan No; 3202545002 (Continued) Page 4
coverage amounts as Lender may request with Lender being named as additional insureds in such liability insurance
policies. Additionally, Grantor shall maintain such other insurance, including but not limited to hazard, business
interruption and boiler insurance as Lender may require. Policies shall be written by such insurance companies and
in such form as may be reasonably acceptable to Lender. Grantor shall deliver to Lender certificates of coverage
from each insurer containing a stipulation that coverage will not be cancelled or diminished without a minimum of
ten (10) days' prior written notice to Lender and not containing any disclaimer of the insurer's liability for failure to
give such notice. Each insurance policy also shall include an endorsement providing that coverage in favor of
Lender will not be impaired in any way by any act, omission or default of Grantor or any other person. Should the
Real Property be located in an area designated by the Director of the Federal Emergency Management Agency as a
special flood hazard area, Grantor agrees to obtain and maintain Federal Flood Insurance, if available, within 45
days after notice is given by Lender that the Property is located in a special flood hazard area, for the full unpaid
principal balance of the loan and any prior liens on the property securing the loan, up to the maximum policy limits
set under the National Flood Insurance Program, or as otherwise required by Lender, and to maintain such
insurance for the term of the loan.
Application of Proceeds. Grantor shall promptly notify Lender of any loss or damage to the Property. Lender may
make proof of loss if Grantor fails to do so within fifteen (15) days of the casualty. Whether or not Lender's
security is impaired, Lender may, at Lender's election, receive and retain the proceeds of any insurance and apply
the proceeds to the reduction of the Indebtedness, payment of any lien affecting the Property, or the restoration
and repair of the Property. If Lender elects to apply the proceeds to restoration and repair, Grantor shall repair or
replace the damaged or destroyed Improvements in a manner satisfactory to Lender. Lender shall, upon
satisfactory proof of such expenditure, pay or reimburse Grantor from the proceeds for the reasonable cost of
repair or restoration if Grantor is not in default under this Mortgage. Any proceeds which have not been disbursed
within 180 days after their receipt and which Lender has not committed to the repair or restoration of the Property
shall be used first to pay any amount owing to Lender under this Mortgage, then to pay accrued interest, and the
remainder, if any, shall be applied to the principal balance of the Indebtedness. If Lender holds any proceeds after
payment in full of the Indebtedness, such proceeds shall be paid to Grantor as Grantor's interests may appear.
Compliance with Existing Indebtedness, During the period in which any Existing Indebtedness described below is
in effect, compliance with the Insurance provisions contained in the instrument evidencing such Existing
Indebtedness shall constitute compliance with the insurance provisions under this Mortgage, to the extent
compliance with the terms of this Mortgage would constitute a duplication of insurance requirement. If any
proceeds from the insurance become payable on loss, the provisions in this Mortgage for division of proceeds shall
apply only to that portion of the proceeds not payable to the holder of the Existing Indebtedness.
LENDER'S EXPENDITURES. If any action or proceeding is commenced that would materially affect Lender's interest in
the Property or if Grantor fails to comply with any provision of this Mortgage or any Related Documents, including but
not limited to Grantor's failure to comply with any obligation to maintain Existing Indebtedness in good standing as
required below, or to discharge or pay when due any amounts Grantor is required to discharge or pay under this
Mortgage or any Related Documents, Lender on Grantor's behalf may (but shall not be obligated to) take any action that
Lender deems appropriate, including but not limited to discharging or paying all taxes, (fens, security interests,
encumbrances and other claims, at any time levied or placed on the Property and paying all costs for insuring,
maintaining and preserving the Property. All such expenditures incurred or paid by Lender for such purposes will then
bear interest at the rate charged under the Note from the date incurred or paid by Lender to the date of repayment by
Grantor. All such expenses will become a part of the Indebtedness and, at Lender's option, will (A) be payable on
demand; (B) be added to the balance of the Note and be apportioned among and be payable with any installment
payments to become due during either (1) the term of any applicable insurance policy; or (2) the remaining term of
the Note; or (C) be treated as a balloon payment which will be due and payable at the Note's maturity. The Mortgage
also will secure payment of these amounts. Such right shall be in addition to all other rights and remedies to which
Lender may be entitled upon Default. Grantor's obligation to Lender for all such expenses shall survive the entry of any
mortgage foreclosure judgment.
WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this
Mortgage:
Title. Grantor warrants that: (a) Grantor holds good and marketable title of record to the Property in fee simple,
free and clear of all liens and encumbrances other than those set forth in the Real Property description or in the
Existing Indebtedness section below or in any title insurance policy, tittle report, or final title opinion issued in favor
of, and accepted by, Lender in connection with this Mortgage, and (b) Grantor has the full right, power, and
authority to execute and deliver this Mortgage to Lender.
Defense of Title. Subject to the exception in the paragraph above, Grantor warrants and will forever defend the
title to the Property against the lawful claims of all persons. In the event any action or proceeding is commenced
that questions Grantor's title or the interest of Lender under this Mortgage, Grantor shall defend the action at
Grantor's expense. Grantor may be the nominal party in such proceeding, but Lender shall be entitled to
participate in the proceeding and to be represented in the proceeding by counsel of Lender's own choice, and
MORTGAGE
Loan No: 3202545002 (Continued) Page 5
Grantor will deliver, or cause to be delivered, to Lender such instruments as Lender may request from time to time
to permit such participation.
Compliance With Laws. Grantor warrants that the Property and Grantor's use of the Property complies with all
existing applicable laws, ordinances, and regulations of governmental authorities.
Survival of Representations and Warranties. All representations, warranties, and agreements made by Grantor in
this Mortgage shall survive the execution and delivery of this Mortgage, shall be continuing in nature, and shall
remain in full force and effect until such time as Borrower's Indebtedness shall be paid in full.
EXISTING INDEBTEDNESS. The following provisions concerning Existing Indebtedness are a part of this Mortgage:
Existing Lien. The lien of this Mortgage securing the Indebtedness may be secondary and inferior to an existing
lien. Grantor expressly covenants and agrees to pay, or see to the payment of, the Existing Indebtedness and to
prevent any default on such indebtedness, any default under the instruments evidencing such indebtedness, or any
default under any security documents for such indebtedness.
No Modification. Grantor shall not enter into any agreement with the holder of any mortgage or other security
agreement which has priority over this Mortgage by which that agreement is modified, amended, extended, or
renewed without the prior written consent of Lender. Grantor shall neither request nor accept any future advances
under any such security agreement without the prior written consent of Lender.
CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Mortgage:
Proceedings. If any proceeding in condemnation is filed, Grantor shall promptly notify Lender in writing, and
Grantor shall promptly take such steps as may be necessary to defend the action and obtain the award. Grantor
may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be
represented in the proceeding by counsel of its own choice, and Grantor will deliver or cause to be delivered to
Lender such instruments and documentation as may be requested by Lender from time to time to permit such
participation.
Application of Net Proceeds. If all or any part of the Property is condemned by eminent domain proceedings or by
any proceeding or purchase in lieu of condemnation, Lender may at its election require that all or any portion of the
net proceeds of the award be applied to the Indebtedness or the repair or restoration of the Property. The- net
proceeds of the award shall mean the award after payment of all actual costs, expenses, and attorneys' fees
incurred by Lender in connection with the condemnation.
IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating
to governmental taxes, fees and charges are a part of this Mortgage:
Current Taxes, Fees and Charges. Upon request by Lender, Grantor shall execute such documents in addition to
this Mortgage and take whatever other action is requested by Lender to perfect and continue Lender's lien on the
Real Property. Grantor shall reimburse Lender for all taxes, as described below, together with all expenses
incurred in recording, perfecting or continuing this Mortgage, including without limitation all taxes, fees,
documentary stamps, and other charges for recording or registering this Mortgage.
Taxes. The following shall constitute taxes to which this section applies: (1) a specific tax upon this type of
Mortgage or upon all or any part of the Indebtedness secured by this Mortgage; (2) a specific tax on Borrower
which Borrower is authorized or required to deduct from payments on the Indebtedness secured by this type of
Mortgage; (3) a tax on this type of Mortgage chargeable against the Lender or the holder of the Note; and (4) a
specific tax on all or any portion of the Indebtedness or on payments of principal and interest made by Borrower.
Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Mortgage,
this event shall have the same effect as an Event of Default, and Lender may exercise any or all of its available
remedies for an Event of Default as provided below unless Grantor either (1) pays the tax before it becomes
delinquent, or (2) contests the tax as provided above in the Taxes and Liens section and deposits with Lender
cash or a sufficient corporate surety bond or other security satisfactory to Lender.
SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Mortgage as a security
agreement are a part of this Mortgage:
Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property
constitutes fixtures, and Lender shall have all of the rights of a secured party under the Uniform Commercial Code
as amended from time to time.
Security Interest. Upon request by Lender, Grantor shall take whatever action is requested by Lender to perfect
and continue Lender's security interest in the Rents and Personal Property. In addition to recording this Mortgage
in the real property records, Lender may, at any time and without further authorization from Grantor, file executed
counterparts, copies or reproductions of this Mortgage as a financing statement. Grantor shall reimburse Lender
for all expenses incurred in perfecting or continuing this security interest. Upon default, Grantor shall not remove,
MORTGAGE
Loan No: 3202545002 (Continued) Page 6
sever or detach the Personal Property from the Property. Upon default, Grantor shall assemble any Personal
Property not affixed to the Property in a manner and at a place reasonably convenient to Grantor and Lender and
make it available to Lender within three (3) days after receipt of written demand from Lender to the extent
permitted by applicable law.
Addresses. The mailing addresses of Grantor (debtor) and Lender (secured party) from which information
concerning the security interest granted by this Mortgage may be obtained (each as required by the Uniform
Commercial Code) are as stated on the first page of this Mortgage.
FURTHER ASSURANCES; ADDITIONAL AUTHORIZATIONS. The following provisions relating to further assurances and
additional authorizations are a part of this Mortgage:
Further Assurances. At any time, and from time to time, upon request of Lender, Grantor will make, execute and
deliver, or will cause to be made, executed or delivered, to Lender or to Lender's designee, and when requested by
Lender, cause to be filed, recorded, refiled, or rerecorded, as the case may be, at such times and in such offices
and places as Lender may deem appropriate, any and all such mortgages, deeds of trust, security deeds, security
agreements, financing statements, continuation statements, instruments of further assurance, certificates, and
other documents as may, in the sole opinion of Lender, be necessary or desirable in order to effectuate, complete,
perfect, continue, or preserve (1) Borrower's and Grantor's obligations under the Note, this Mortgage, and the
Related Documents, and (2) the liens and security interests created by this Mortgage on the Property, whether
now owned or hereafter acquired by Grantor. Unless prohibited by law or Lender agrees to the contrary in writing,
Grantor shall reimburse Lender forall costs and expenses incurred in connection with the matters referred to in this
paragraph.
Additional Authorizations. If Grantor fails to do any of the things referred to in the preceding paragraph, Lender
may do so for and in the name of Grantor and at Grantor's expense. For such purposes, Grantor hereby
irrevocably authorizes Lender to make, execute, deliver, file, record and do all other things as may be necessary or
desirable, in Lender's sole opinion, to accomplish the matters referred to in the preceding paragraph. It is
understood that nothing set forth herein shall require Lender to take any such actions.
FULL PERFORMANCE. If Borrower and Grantor pay all the Indebtedness when due, and Grantor otherwise performs all
the obligations imposed upon Grantor under this Mortgage, Lender shall execute and deliver to Grantor a suitable
satisfaction of this Mortgage and suitable statements of termination of any financing statement on file evidencing
Lender's security interest in the Rents and the Personal Property. Grantor will pay, if permitted by applicable law, any
reasonable termination fee as determined by Lender from time to time.
EVENTS OF DEFAULT. Each of the following, at Lender's option, shall constitute an Event of Default under this
Mortgage:
Payment Default. Borrower fails to make any payment when due under the Indebtedness.
Default on Other Payments. Failure of Grantor within the time required by this Mortgage to make any payment for
taxes or insurance, or any other payment necessary to prevent filing of or to effect discharge of any lien.
Other Defaults. Borrower or Grantor fails to comply with or to perform any other term, obligation, covenant or
condition contained in this Mortgage 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 or Grantor,
Default in Favor of Third Parties. Should Borrower or any Grantor default under any loan, extension of credit,
security agreement, purchase or sales agreement, or any other agreement, in favor of any other creditor or person
that may materially affect any of Borrower's or any Grantor's property or Borrower's ability to repay the
Indebtedness or Borrower's or Grantor's ability to perform their respective obligations under this Mortgage or any
related document.
False Statements. Any warranty, representation or statement made or furnished to Lender by Borrower or Grantor
or on Borrower's or Grantor's behalf under this Mortgage 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.
Defective Collateraiization. This Mortgage or any of the Related Documents ceases to be in full force and effect
(including failure of any collateral document to create a valid and perfected security interest or lien) at any time and
for any reason.
Death or Insolvency. The dissolution or termination of Borrower's or Grantor's existence as a going business, the
Insolvency of Borrower or Grantor, the appointment of a receiver for any part of Borrower's or Grantor's property,
any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding
under any bankruptcy or insolvency laws by or against Borrower or Grantor.
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 Grantor or by any
MORTGAGE
Loan No: 3202545002 (Continued) Page 7
governmental agency against any property securing the Indebtedness. This includes a garnishment of any of
Borrower's or Grantor's accounts, including deposit accounts, with Lender. However, this Event of Default shall
not apply if there is a good faith dispute by Borrower or Grantor as to the validity or reasonableness of the claim
which is the basis of the creditor or forfeiture proceeding and if Borrower or Grantor 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,
Existing Indebtedness. The payment of any installment of principal or any interest on the Existing Indebtedness is
not made within the time required by the promissory note evidencing such indebtedness, or a default occurs under
the instrument securing such indebtedness and is not cured during any applicable grace period in such instrument,
or any suit or other action is commenced to foreclose any existing lien on the Property.
Breach of Other Agreement. Any breach by Borrower or Grantor under the terms of any other agreement between
Borrower or Grantor and Lender that is not remedied within any grace period provided therein, including without
limitation any agreement concerning any indebtedness or other obligation of Borrower or Grantor to Lender,
whether existing now or later.
Events Affecting 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.
Adverse Change. A material adverse change occurs in Grantor's financial condition, or Lender believes the
prospect of payment or performance of the Indebtedness is impaired.
Insecurity. Lender in good faith believes itself insecure.
Right to Cure. If any default, other than a default in payment is curable and if Grantor has not been given a notice
of a breach of the same provision of this Mortgage within the preceding twelve (12) months, It may be cured if
Grantor, after receiving written notice from Lender demanding cure of such default: (1) cures the default within
fifteen (15) days; or (2) 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 ail
reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical.
RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of an Event of Default and at any time thereafter, Lender,
at Lender's option, may exercise any one or more of the following rights and remedies, in addition to any other rights or
remedies provided by law:
Accelerate Indebtedness. Lender shall have the right at its option, after giving such notices as required by
applicable law, to declare the entire Indebtedness immediately due and payable.
UCC Remedies. With respect to all or any part of the Personal Property, Lender shall have all the rights and
remedies of a secured party under the Uniform Commercial Code.
Collect Rents. Lender shall have the right; without notice to Borrower or Grantor, to take possession of the
Property and, with or without taking possession of the Property, to collect the Rents, including amounts past due
and unpaid, and apply the net proceeds, over and above Lender's costs, against the Indebtedness. In furtherance
of this right, Lender may require any tenant or other user of the Property to make payments of rent or use fees
directly to Lender. If the Rents are collected by Lender, then Grantor irrevocably authorizes Lender to endorse
instruments received in payment thereof in the name of Grantor and to negotiate the same and collect the
proceeds. Payments by tenants or other users to Lender in response to Lender's demand shall satisfy the
obligations for which the payments are made, whether or not any proper grounds for the demand existed. Lender
may exercise its rights under this subparagraph either in person, by agent, or through a receiver.
Appoint Receiver. Lender shall have the right to have a receiver appointed to take possession of all or any part of
the Property, with the power to protect and preserve the Property, to operate the Property preceding foreclosure or
sale, and to collect the Rents from the Property and apply the proceeds, over and above the cost of the
receivership, against the Indebtedness. The receiver may serve without bond if permitted by law. Lender's right
to the appointment of a receiver shall exist whether or not the apparent value of the Property exceeds the
Indebtedness by a substantial amount. Employment by Lender shall not disqualify a person from serving as a
receiver.
Judicial Foreclosure. Lender may obtain a judicial decree foreclosing Grantor's interest in all or any part of the
Property.
Possession of the Property. For the purpose of procuring possession of the Property, Grantor hereby authorizes
and empowers any attorney of any court of record in the Commonwealth of Pennsylvania or elsewhere, as attorney
for Lender and all persons claiming under or through Lender, to sign an agreement for entering in any competent
court an amicable action in ejectment for possession of the Property and to appear for and confess judgment
MORTGAGE
Loan No: 3202545002 (Continued) Page g
against Grantor, and against all persons claiming under or through Grantor, for the recovery by Lender of
possession of the Property, without any stay of execution, for which this Mortgage, or a copy of this Mortgage
verified by affidavit, shall be a sufficient warrant; and thereupon a writ of possession may be issued forthwith,
without any prior writ or proceeding whatsoever.
Nonjudicial Sale. If permitted by applicable law, Lender may foreclose Grantor's interest in all or in any part of the
Personal Property or the Real Property by non-judicial sale.
Deficiency Judgment. Lender may obtain a judgment for any deficiency remaining in the Indebtedness due to
Lender after application of all amounts received from the exercise of the rights provided in this section.
Tenancy at Sufferance. If Grantor remains in possession of the Property after the Property is sold as provided
above or Lender otherwise becomes entitled to possession of the Property upon default of Borrower or Grantor,
Grantor shall become a tenant at sufferance of Lender or the purchaser of the Property and shall, at Lender's
option, either (1) pay a reasonable rental for the use of the Property, or (2) vacate the Property immediately
upon the demand of Lender.
Other Remedies. Lender shall have all other rights and remedies provided in this Mortgage or the Note or available
at law or in equity.
Sale of the Property. To the extent permitted by applicable law, Borrower and Grantor hereby waive any and all
right to have the Property marshalled. In exercising its rights and remedies, Lender shall be free to sell all or any
part of the Property together or separately, in one sale or by separate sales. Lender shall be entitled to bid at any
public sale on all or any portion of the Property.
Notice of Sale. Lender shall give Grantor reasonable notice of the time and place of any public sale of the Personal
Property or of the time after which any private sale or other intended disposition of the Personal Property is to be
made. Unless otherwise required by applicable law, reasonable notice shall mean notice given at least ten (10)
days before the time of the sale or disposition. Any sale of the Personal Property may be made in conjunction with
any sale of the Real Property.
Election of Remedies. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and
an election to make expenditures or to take action to perform an obligation of Grantor under this Mortgage, after
Grantor's failure to perform, shall not affect Lender's right to declare a default and exercise its remedies. Nothing
under this Mortgage or otherwise shall be construed so as to limit or restrict the rights and remedies available to
Lender following an Event of Default, or in any way to limit or restrict the rights and ability of Lender to proceed
directly against Grantor and/or Borrower and/or against any other co-maker, guarantor, surety or endorser and/or to
proceed against any other collateral directly or indirectly securing the Indebtedness.
Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Mortgage,
Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and
upon any appeal. Whether or not any court action is involved, and to the extent not prohibited by law, all
reasonable expenses Lender incurs that in Lender's opinion are necessary at any time for the protection of its
interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear
interest at the Note rate from the data of the expenditure until repaid. Expenses covered by this paragraph include,
without limitation, however subject to any limits under applicable law, Lender's reasonable attorneys' fees and
Lender's legal expenses, whether or not there is a lawsuit, including reasonable attorneys' fees and expenses for
bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any
anticipated post-judgment collection services, the cost of searching records, obtaining title reports (including
foreclosure reports), surveyors' reports, and appraisal fees and title insurance, to the extent permitted by
applicable law. Grantor also will pay any court costs, in addition to all other sums provided by law.
NOTICES. Unless otherwise provided by applicable law, any notice required to be given under this Mortgage shall be
given in writing, and shall be effective when actually delivered, when actually received by telefacsimile (unless
otherwise required by law), when deposited with a nationally recognized overnight courier, or, if mailed, when deposited
in the United States mail, as first class, certified or registered mail postage prepaid, directed to the addresses shown
near the beginning of this Mortgage. All copies of notices of foreclosure from the holder of any lien which has priority
over this Mortgage shall be sent to Lender's address, as shown near the beginning of this Mortgage. Any party may
change its address for notices under this Mortgage by giving formal written notice to the other parties, specifying that
the purpose of the notice is to change the party's address. For notice purposes, Grantor agrees to keep Lender
informed at all times of Grantor's current address. Unless otherwise provided by applicable law, if there is more than
one Grantor, any notice given by Lender to any Grantor is deemed to be notice given to all Grantors.
MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Mortgage:
Amendments, This Mortgage, together with any Related Documents, constitutes the entire understanding and
agreement of the parties as to the matters set forth in this Mortgage. No alteration of or amendment to this
Mortgage shall be effective unless given in writing and signed by the parry or parties sought to be charged or
MORTGAGE
Loan No: 3202545002 (Continued) Page 9
bound by the alteration or amendment.
Annual Reports. If the Property is used for purposes other than Grantor's residence, Grantor shall furnish to
Lender, upon request, a certified statement of net operating income received from the Property during Grantor's
previous fiscal year in such form and detail as Lender shall require. "Net operating income" shall mean all cash
receipts from the Property less all cash expenditures made in connection with the operation of the Property.
Caption Headings. Caption headings in this Mortgage are for convenience purposes only and are not to be used to
interpret or define the provisions of this Mortgage.
Governing Law. This Mortgage will be governed by federal law applicable to Lender and, to the extent not
preempted by federal law, the laws of the Commonwealth of Pennsylvania without regard to Its conflicts of law
provisions. This Mortgage has boon accepted by Lender in the Commonwealth of Pennsylvania.
Joint and Several Liability. All obligations of Borrower and Grantor under this Mortgage shall be joint and several,
and all references to Grantor shall mean each and every Grantor, and all references to Borrower shall mean each
and every Borrower. This means that each Grantor signing below is responsible for all obligations in this Mortgage.
No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Mortgage unless such
waiver is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right
shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Mortgage shall
not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that provision or
any other provision of this Mortgage. No prior waiver by Lender, nor any course of dealing between Lender and
Grantor, shall constitute a waiver of any of Lender's rights or of any of Grantor's obligations as to any future
transactions. Whenever the consent of Lender is required under this Mortgage, the granting of such consent by
Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is
required and in all cases such consent may be granted or withheld in the sole discretion of Lender.
Severability. If a court of competent jurisdiction finds any provision of this Mortgage to be illegal, invalid, or
unenforceable as to any person or circumstance, that finding shall not make the offending provision illegal, invalid,
or unenforceable as to any other person or circumstance. If feasible, the offending provision shall be considered
modified so that it becomes legal, valid and enforceable. If the offending provision cannot be so modified, it shall
be considered deleted from this Mortgage. Unless otherwise required by law, the illegality, invalidity, or
unenforceability of any provision of this Mortgage shall not affect the legality, validity or enforceability of any other
provision of this Mortgage.
Merger. There shall be no merger of the interest or estate created by this Mortgage with any other interest or
estate in the Property at any time held by or for the benefit of Lender in any capacity, without the written consent
of Lender.
Successor Interests. The terms of this Mortgage shall be binding upon Grantor, and upon Grantor's heirs, personal
representatives, successors, and assigns, and shall be enforceable by Lender and its successors and assigns.
Time Is of the Essence. Time is of the essence in the performance of this Mortgage.
DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this
Mortgage. Unless specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful
money of the United States of America. Words and terms used in the singular shall include the plural, and the plural
shall include the singular, as the context may require. Words and terms not otherwise defined in this Mortgage shall
have the meanings attributed to such terms in the Uniform Commercial Code:
Borrower. The word "Borrower" means Mountain Aire Mechanical Contracting, Inc. and includes all co-signers and
co-makers signing the Note and all their successors and assigns.
Default. The word "Default" means the Default set forth in this Mortgage in the section titled "Default".
Environmental Laws. The words "Environmental Laws" mean any and all state, federal and local statutes,
regulations and ordinances relating to the protection of human health or the environment, including without
limitation the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42
U.S.C. Section 9601, at seq. ("CERCLA"), the Superfund Amendments and Reauthorization Act of 1986, Pub. L.
No. 99-499 ("SARA"), the Hazardous Materials Transportation Act, 49 U.S,C. Section 1801, at seq., the Resource
Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq., or other applicable state or federal laws, rules,
or regulations adopted pursuant thereto.
Event of Default. The words "Event of Default" mean any of the events of default set forth in this Mortgage in the
events of default section of this Mortgage.
Existing Indebtedness. The words "Existing Indebtedness" mean the indebtedness described in the Existing Liens
provision of this Mortgage.
Grantor. The word "Grantor" means Jeffrey R. Gettys and Tammy D. Gettys.
MORTGAGE
Loan No: 3202545002 (Continued) Page 10
Guarantor. The word "Guarantor" means any guarantor, surety, or accommodation party of any or all of the
Indebtedness.
Guaranty. The word "Guaranty" means the guaranty from Guarantor to Lender, including without limitation a
guaranty of all or part of the Note.
Hazardous Substances. The words 'Hazardous Substances" mean materials that, because of their quantity,
concentration or physical, chemical or infectious characteristics, may cause or pose a present or potential hazard
to human health or the environment when improperly used, treated, stored, disposed of, generated, manufactured,
transported or otherwise handled. The words "Hazardous Substances' are used in their very broadest sense and
include without limitation any and all hazardous or toxic substances, materials or waste as defined by or listed
under the Environmental Laws. The term "Hazardous Substances" also includes, without limitation, petroleum and
petroleum by-products or any fraction thereof and asbestos.
Improvements. The word "Improvements" means all existing and future improvements, buildings, structures,
mobile homes affixed on the Real Property, facilities, additions, replacements and other construction on the Real
Property.
Indebtedness. The word "Indebtedness" means all principal, interest, and other amounts, costs and expenses
payable under the Note or Related Documents, together with all renewals of, extensions of, modifications of,
consolidations of and substitutions for the Note or Related Documents and any amounts expended or advanced by
Lender to discharge Grantor's obligations or expenses incurred by Lender to enforce Grantor's obligations under
this Mortgage, together with interest on such amounts as provided in this Mortgage. Specifically, without
limitation, Indebtedness includes all amounts that may be indirectly secured by the Cross-Collateralization provision
of this Mortgage.
Lender. The word "Lender" means COMMERCE BANK/HARRISBURG N.A., its successors and assigns.
Mortgage. The word "Mortgage" means this Mortgage between Grantor and Lender.
Note. The word "Note" means the promissory note dated September 17, 2008, in the original principal
amount of $50,000.00 from Borrower to Lender, together with all renewals of, extensions of, modifications
of, refinancings of, consolidations of, and substitutions for the promissory note or agreement.
Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal
property now or hereafter owned by Grantor, and now or hereafter attached or affixed to the Real Property;
together with all accessions, parts, and additions to, all replacements of, and all substitutions for, any of such
property; and together with all proceeds (including without limitation all insurance proceeds and refunds of
premiums) from any sale or other disposition of the Property.
Property. The word "Property" means collectively the Real Property and the Personal Property.
Real Property. The words "Real Property" mean the real property, interests and rights, as further described in this
Mortgage.
Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan
agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security
deeds, collateral mortgages, and all other instruments, agreements and. documents, whether now or hereafter
existing, executed in connection with the Indebtedness.
Rents. The word "Rents" means all present and future rents, revenues, income, issues, royalties, profits, and
other benefits derived from the Property.
MORTGAGE
Loan No: 3202545002 (Continued) Page 11
EACH GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MORTGAGE, AND EACH
GRANTOR AGREES TO ITS TERMS.
THIS MORTGAGE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS MORTGAGE IS AND SHALL CONSTITUTE
AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW.
Tammy D. rs `
CERTIFICATE OF RESIDENCE
I hereby certify, that the precise address of the mortgagee, COMMERCE BANK/HARRISBURG N.A., herein is as follows:
COMMERCIAL BUSINESS DEPARTMENT, 3801 PAXTON STREET, HARK PA fie 11
Attorney or Agent for Mortgagee
INDIVIDUAL ACKNOWLEDGMENT
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF )SS
f f'1 )
t -t?Uplt
On this, the J? day of _AP f 2 20 00 before me
I hrf.l0/G"O' the undersigns Notary Public, personally appeared Jeffrey R. Gettys and
Tammy D. Gettys, known to me for satisfactorily proven) to be the person whose names are subscribed to the within
instrument, and acknowledged that they executed the same for the purposes therein contained.
In witness whereof, I hereunto set my hand and official se
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal PR
Rachel Solomon, Notary Public Notary Public in and for the State of
Swatara Twp., Dauphin County
My Comndaslon Expires Feb. 7, 2012
Member, Pennsylvania Assoclabon of Nomrles
LASER PRO Lending, Ver. 5.40.00.003 Copr. Harland Financial Solutions, Inc. 1997, 2008. All Rights Reserved. -
PA S:\CFI\LPL\G03.FC TR-27469 PR-19
Order: 465276
Legal Description
21-08-0573-070
ALL THAT CERTAIN lot or piece of ground situate in Middlesex Township, County of
Cumberland, Commonwealth of Pennsylvania bounded and described as follows to:
BEGINNING at a point at the intersection of Old Stone House Road (L.R. 21028) and Hoover
Road (T-573), thence along the centerline of T-573, South 60 degrees 17 minutes 27 seconds
West, a distance of 186.97 feet to a point in the centerline of T-573; thence South 59 degrees
3 minutes 40 seconds West, a distance of 552.71 feet to a point; thence along the boundary
line of the present tract and Lot No. 7 of the subject plan, North 55 degrees 6 minutes 00
seconds West, a distance of 394.56 feet to a point at the intersection of the present tract and
Lots Nos. 5 and 7 of the subject plan; thence along the boundary line between the present
tract and Lot No. 5 of the subject plan, North 35 degrees 00 minutes 00 seconds East, a
distance of 674.43 feet to a point North of the centerline of L.R. 21028; thence along a line
north of the centerline of L.R. 21028, South 55 degrees 00 minutes 00 seconds East, a
distance of 700.09 feet to a point, the place of BEGINNING.
Subject to any restrictions, easements, and/or adverses that pertain to this property.
RECORDER OF DEEDS
CUMBERLAND COUNTY
1 COURTHOUSE SQUARE
CARLISLE, PA 17013
717-240-6370
Instrument Number - 200833134
Recorded On 9/30/2008 At 12:12:45 PM
* Instrument Type - MORTGAGE
Invoice Number - 29948 User ID - JM
* Mortgagor - GETTYS, JEFFREY R
* Mortgagee - COMMERCE BANIGMG N A
* Customer - UNITED ONE RESOURCES INC
* FEES
STATE WRIT TAX $0.50
STATE JCS/ACCESS TO $10.00
JUSTICE
RECORDING FEES - $27.50
RECORDER OF DEEDS
AFFORDABLE HOUSING $11.50
COUNTY ARCHIVES FEE $2.00
ROD ARCHIVES FEE $3.00
TOTAL PAID $54.50
0
* Total Pages - 13
Certification Page
DO NOT DETACH
This page is now part
of this legal document.
I Certify this to be recorded
in Cumberland County PA
a °F ouye /
a
? FS
° RECORDER O D EDS
nsa
* - Information denoted by an asterisk may change during
the verification process and may not be reflected on this page.
/I ?/ 4 7AW---
1)
E'" BALK
3801 Paxton Street
Harrisburg • PA- 17111
myrnatrobank.com
888.937.0004
March 11, 2011
ACT 6/91 NOTICE
TAKE ACTION TO SAVE
YOUR HOME FROM
FORECLOSURE
This is an official notice that the morta e on our home kin default and the lender intends to
foreclose. Specific information about the nature of the default is provided in the attached pages
The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HE MAP may
be able to help to save your home This Notice explains how the program works
To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING
AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you
when you meet with the Counseling Agency.
The name address and hone number of Consumer Credit rr,,, lip A encies servin our Coun
are listed at the end of the Notice. If you have an uestions m, ma call the Penns Ivania Housing
Finance Agency toll free at 1-800-342-2397. ersons with im aired hearin can call (717)'72- -186-
This Notice contains important legal information. If you have any questions, representatives at
the Consumer Credit Counseling Agency may be able to help explain it. You may also want to
contact an attorney in your area. The local bar association may be able to help you find a lawyer.
LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU
DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL
CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION
INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE
AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE
PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY
MORTGAGE ASSISTANCE PROGRAM" EL CURL PUEDE SALVAR SU CASA DE LA
PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA.
MOUNTAIN AIRS MECHANICAL CONTRACTING INC
87 HOOVER RD
CARLISLE PA 17013
Jeffrey R. Gettys
87 Hoover Road
Carlisle, PA 17013
Tammy Gettys
87 Hoover Road
Carlisle, PA 17013
Property Address - 87 Hoover Rd., Carlisle, PA 17013
Loan account number - 003202545002
Original lender - Metro Bank
Current Lender/Servicer - Metro Bank
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE
PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE
WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND
HELP YOU MAKE FUTURE MORTGAGE PAYMENTS
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY
MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR
EMERGENCY MORTGAGE ASSISTANCE:
•IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR
CONTROL,
• IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR
MORTGAGE PAYMENTS, AND
• IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE
PENNSYLVANIA HOUSING FINANCE AGENCY.
TEMPORARY STAY OF FORECLOSURE-Under the Act, you are entitled to a temporary stay of
foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for
mailing). During that time you must arrange and attend a "face-to-face" meeting with one of the
consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST
OCCUR WITHIN THIRTY-THREE (33) DAYS OF THE DATE OF THIS NOTICE IF YOU
DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR
MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR
MORTGAGE DEFAULT' EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE.
CONSUMER CREDIT COUNSELING AGENCIES-If you meet with one of the consumer credit
counseling agencies listed at the end of this notice, the lender may NOT take action against you for
thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of
designated consumer credit counseling agencies for the county in which the property is located are set
forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your
lender immediately of your intentions.
APPLICATION FOR MORTGAGE ASSISTANCE-Your mortgage is in default for the reasons set
forth later in this Notice (see following pages for specific information about the nature of your default.)
You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage
Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency
Assistance Program Application with one of the designated consumer credit counseling agencies listed
at the end of this Notice. Only consumer credit counseling agencies have applications for the program
and they will assist you in submitting a complete application to the Pennsylvania Housing Finance
Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be
forwarded to the PHFA and received within thirty (30) days of your face-to-face meeting with the
counseling agency.
YOU SHOULD FILE A HEMAPAPPLICATIONAS SOONAS POSSIBLE. IF YOU HAVE A
MEETING Vr7THA COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF
THIS NOTICE AND FILE ANAPPLICATION WITH PHFA WITHIN 30 DAYS OF THAT
MEETING, THEN THE LENDER WILL BE TEMPORARIL Y PRE VENTED FR OM S TAR TING A
FORECLOSUREAGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION
CALLED "TEMPORARYSTAY OF FORECLOSURE":
YOU HAVE THE RIGHT TO FILE A HEMAPAPPLICA77ONEVENBEYOND THESE TIME
PERIODS. ALA TEAPPLICA TION WILL NOT PREVENT THE LENDER FROM STARTING A
FORECLOSUREACTION, BUT IF YOUR APPLICATION IS EVENTUALLYAPPROVED AT
ANYTIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED.
AGENCY ACTION-Available funds for emergency mortgage assistance are very limited. They will
be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania
Housing Finance Agency has, sixty (60) days to make a decision after it receives your application.
During that time, no foreclosure proceedings will be pursued against you if you have met the time
requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance
Agency of its decision on your application.
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN
BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION
PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT
THE DEBT.
(If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.)
HOW TO CURE YOUR MORTGAGE DEFAULT Bring it up to date)
NATURE OF THE DEFAULT-The MORTGAGE debt held by the above lender on your property
located at: 87 Hoover Road, Carlisle, PA 17015
IS SERIOUSLY IN DEFAULT because:
A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months
and the following amounts are now past due:
December 17, 2010 in the amount of $262.67, January 17, 2011 in the amount of $262.67
and February 17, 2011 in the amount of $262.67 and Late charges of $108.41.
TOTAL AMOUNT PAST DUE: $ 896.42, due $ 12/17/2010.
HOW TO CURE THE DEFAULT-You may cure the default within THIRTY (30) DAYS of the date
of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS
896.42 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE
DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check
certified check or money order made payable and sent to:
Metro Bank
3801 Paxton Street
P.O. Box 4999
Harrisburg, PA 17111-0999
IF YOU DO NOT CURE THE DEFAULT-If you do not cure the default within THIRTY (30)
DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage
debt. This means that the entire outstanding balance of this debt will be considered due immediately
and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total
amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys
to start legal action to foreclose upon your mortgaged property.
IF THE MORTGAGE IS FORECLOSED UPON-The mortgaged property will be sold by the
Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the
delinquency before the lender begins legal proceedings against you, you will still be required to pay the
reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are
started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender
even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which
may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY
period, you will not be required to pay attorney's fees
OTHER LENDER REMEDIES-The lender may also sue you personally for the unpaid principal
balance and all other sums due under the mortgage.
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE-If you have not cured the
default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the
right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale You
may do so by paving the total amount then past due plus any late or other charges then due reasonable
attorney's fees and costs connected with the foreclosure sale and any other costs connected with the
Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the
mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to
the same position as if you had never defaulted.
EARLIEST POSSIBLE SHERIFF'S SALE DATE-It is estimated that the earliest date that such a
Sheriff s Sale of the mortgaged property could be held would be approximately six months from the
date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale.
Of course, the amount needed to cure the default will increase the longer you wait. You may find out at
any time exactly what the required payment or action will be by contacting the lender.
HOW TO CONTACT THE LENDER:
Name of Lender: Metro Bank
Address: 3801 Paxton Street, P.O. Box 4999
Harrisburg, PA 17111-0999
Phone Number: (717) 412-6317
Fax Number: (717) 412-6191
Contact Person: Melissa Auman
EFFECT OF SHERIFF'S SALE-You should realize that a Sheriffs Sale will end your ownership of
the mortgaged property and your right to occupy it. If you continue to live in the property after the
Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by
the lender at any time.
ASSUMPTION OF MORTGAGE-You may or _X_may not sell or transfer your home to a buyer
or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges
and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the
mortgage are satisfied.
YOU MAY ALSO HAVE THE RIGHT:
• TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT
OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF
THIS DEBT.
• TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR
BEHALF.
• TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT
HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE
THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY
CALENDAR YEAR.)
• TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE
PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE
DOCUMENTS.
• TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH
ACTION BY THE LENDER.
0 TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
CONSUMER CREDIT COUNSELING AGENCIES
Adams County Berks County - Continued
Adams County Interfaith PA Interfaith Community
Housing Authority Programs Inc.
(717) 334-1518 (610) 562-2288
American Red Cross - Schuylkill Community
Hanover Chapter Action
(717) 637-3768 (570) 622-1995
CCCS of Western PA
(888) 511-2227 Cumberland County
Maranatha CCCS of Western PA
(717) 762-3285 (888) 511-2227
Community Action
Commission of Capital
Opportunity Inc. Region
(717) 424-3645 (717) 232-9757
Maranatha
Berks County (717) 762-3285
American Credit
Counseling PA Interfaith Community
Institute Programs Inc.
(888) 212-6741 (717) 334-1518
American Financial
Counseling Services Inc. PHFA
(267) 228-7903 (717) 780-3940
(800) 490-3039 (800) 342-2397
Budget Counseling Center
(610) 375-7866 Dauphin County
CCCS of Lehigh Valley
(610) 821-4011 CCCS of Western PA
(800) 837-9815 (888) 511-2227
Community Action
Community Action Commission of Capital
Committee Region
(610) 691-5620 (717) 232-9757
Neighborhood Housing PHFA
Services of Reading (717) 780-3940
(610) 372-8433 (800) 342-2397
Franklin County Lebanon Coun
Adams County Interfaith Schuylkill Community
Housing Authority Action
(717) 334-1518 (570) 622-1995
Tabor Community Service,
American Red Cross - Inc
Hanover (717) 397-5182
Chapter (800) 788-5062
(717)637-3768 (888) 511-2227
CCCS of Western PA
(888) 511-2227 York County
Community Action
Commission of Capital Adams County Interfaith
Region Housing Authority
(717) 232-9757 (717) 334-1518
American Red Cross -
Hanover
Maranatha Chapter
(717) 762-3285 (717) 637-3768
Base, Inc
Lancaster County (717) 392-5467
American Credit
Counseling
Institute CCCS of Western PA
(888) 212-6741 (888) 511-2227
Housing Alliance of York
Base, Inc (717) 854-1541
(717) 392-5467 (800) 788-5062
CCCS of Lehigh Valley
(610) 821-4011
(800) 837-9815
CCCS of Western PA
(888) 511-2227
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SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
?,?tt1?t? of ?urrrLrr/,yjf?
HFPLEO-OFFICE.
[;P ii,EPROTHO'OTAF,l
2011 JUL 20 PM 1: 56
CUMBERLAND COUNTY
PENNSYLVANIA
Metro Bank
vs.
Jeffrey R. Gettys (et al.)
Case Number
2011-5624
SHERIFF'S RETURN OF SERVICE
07/14/2011 03:35 PM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on July 14,
2011 at 1535 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the
within named defendant, to wit: Jeffrey R. Gettys, by making known unto Tammy D. Gettys, Wife of
Defendant at 87 Hoover Road, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the
same time handing to her personally the said true and correct copy of the same.
TIM B A , DEPUTY
07/14/2011 03:35 PM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on July 14,
2011 at 1535 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the
within named defendant, to wit: Tammy D. Gettys, by making known unto herself personally, at 87 Hoover
Road, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her
personally the said true and correct copy of the same.
SHERIFF COST: $50.44
July 18, 2011
TIM K, DEPUTY
SO ANSWERS,
RON R ANDERSON, SHERIFF
?c. i;ou ar ?Ila jht i `t i c ie sort. nx;.
ifLE0-O F it;
ROTHONOTARY
41.i C
1 A "!G 2 3 ful If: l 1}
"R, 'KRLAND COUNTY
4 P?NSY'LVANIA
METTE, EVANS & WOODSIDE
Heather Z. Kelly, Esquire
Sup. Ct. ID No. 86291
Melissa L. Van Eck, Esquire
Sup. Ct. ID No. 85869
3401 North Front Street
P.O. Box 5950
Harrisburg, PA 17110-0950
(717) 232-5000
(717) 236-1816 (fax)
hzkelly@mette.com
Attorneys for Plaintiff
METRO BANK, f/k/a COMMERCE IN THE COURT OF COMMON PLEAS OF
BANK/HARRISBURG, N.A., CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V. •
DOCKET NO. 11-5624
JEFFREY R. GETTYS and TAMMY D.
GETTYS, :
Defendants
PRAECIPE TO ENTER DEFAULT JUDGMENT
TO THE PROTHONOTARY:
Please enter judgment by default in the above-captioned matter, in favor of the Plaintiff,
Metro Bank, f/k/a Commerce Bank/Harrisburg, N.A., and against the Defendants, Jeffrey R.
Gettys and Tammy D. Gettys, for failure to plead to Plaintiff's Complaint, in accordance with
Rule 1037(b) of the Pennsylvania Rules of Civil Procedure and assess Plaintiff damages in the
amount of $32,289.57 calculated as follows:
541829v1
?,, q. co Q
Principal $29,991.02
Interest as of 6/24/11 $650.75
Late fees as of 6/24/11 $147.80
Attorney's Fees: $1,500.00
Total $32,289.57*
* Interest accruing at the per diem rate of $3.84, costs and attorneys fees continue to accrue from
June 24, 2011.
I hereby certify that the Notices of Default attached hereto a -'were
forwarded to Defendants, Jeffrey R. Gettys and Tammy D. Gettys on August 4, 2011 in
accordance with Rule 237.1 of the Pennsylvania Rules of Civil Procedure. There is no attorney
of record.
Respectfully submitted,
METTE, EVANS & WOODSIDE
By: J c e
Heather Z. Kelly,`1~ squire
Sup. Ct. ID No. 86291
3401 North Front Street
P.O. Box 5950
Harrisburg, PA 17110-0950
(717) 232-5000
Attorneys for Plaintiff
Date: August 22, 2011
METTE9 EVANS & WOODSIDE
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
3401 NORTH FRONT STREET
HOWELL C. METTE MARY ALICE BUSBY P.O. BOX 5950 MARK D. HIPP
ROBERT MOORE KATHRYN L. SIMPSON HARRISBURG, PA 17110-0050 RONALD L. FINCK
CHARLES B. ZWALLY THOMAS F. SMIDA RANDALL G. HURST*
PETER J. RESSLER PAULA J. LEICHT IRS NO. MELISSA L. VAN ECK
JAMES A. ULSH TIMOTHY A. ROY 23-1985005 HEATHER Z. KELLY
JEFFREY A. ERNICO HENRY W. VAN ECK AARON T. DOMOTO
TELEPHONE FACSIMILE
(717) 232-5000 (717) 236-1816
TOLL FREE: 1.800-962-5097
Jeffrey R. Gettys
87 Hoover Road
Carlisle, PA 17013
HTTP;//VY W iV. ME T TE. C O M
August 4, 2011
JAMES W. EVANS
1926-2008
" MARYLAND BAR
Certificate of Mailing
Re: Metro Bank f/k/a Commerce BanklHarrisburg, NA. v. Jeffrey R. Gettys and
Tammy D. Gettys
Cumberland County C. C. P.; No.: 11-5624 Civil
Dear Mr. Gettys:
Enclosed you will fmd an Important Notice in the above-referenced matter. Please
respond accordingly.
Very truly yours,
114l y
J.
Heather Z. Kelly, Esquire
HZK/pml
F,nelosure
Affix fee here in stamps
or meter postage and
U.S. POSTAL SERVICE CERTIFICATE OF MAILING
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT
PROVIDE FOR INSURANCE-POSTMASTER
Received From:
HEATHER Z. KELLY, ESQUIRE
3 01 N. FRONT STREET Q P 1
ISBURG, PA 17110
s'J
One piece of ordinary mail addressed to:?
Jeffrey R. Gettys
87 Hoover Road
Carlisle, PA 17013
ra rurm sts I /, Mar. 1 Sbg
Cl UNIreb
s
SID
A
G)0
CO C:, 'A
.p ¦ o
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Heather Z. Kelly, Esquire
Sup. Ct. I.D. No. 86291
METTE, EVANS & WOODSIDE
3401 North Front Street
P.O. Box 5950
Harrisburg, PA 17110-0950
Phone: (717) 232-5000
Fax: (717) 236-1816
hzkelly@mette.com
METRO BANK, f/k/a COMMERCE
BANK/HARRISBURG, N.A.,
Plaintiff
V.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 11-5624 CIVIL
JEFFREY R. GETTYS and TAMMY D
GETTYS
Defendants
TO: Jeffrey R. Gettys
87 Hoover Road
Carlisle, PA 17013
DATE OF NOTICE: August 4, 2011
CIVIL ACTION - LAW
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE
COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST
541425v1
YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A
JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU
MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
1-800-990-9108
(717) 249-3166
Respectfully submitted:
METTE, EVANS & WOODSIDE,
By:
Heather Z. Kelly, squire
Sup. Court I.D. No. 86291
3401 North Front Street
P. O. Box 5950
Harrisburg, PA 17110-0950
(717) 232-5000 - Phone
Date: August 4, 2011 Attorneys for Plaintiff
METTE, EVANS & WOODSIDE
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
3401 NORTH FRONT STREET
HOWELL C. METTE MARY ALICE BUSBY P.O. BOX 5950 MARK D. HIPP
ROBERT MOORE KATHRYN L. SIMPSON HARRISBURG, PA 17110-0950 RONALD L. FINCK
CHARLES B. ZWALLY THOMAS F. SMMA RANDALL G. HURST*
PETER J. RESSLER PAULA J. LEICHT IRS NO. MELISSA L. VAN ECK
JAMES A. ULSH TIMOTHY A. HOY 23.1985005 HEATHER Z. KELLY
JEFFREY A. ERNICO HENRY W. VAN ECK AARON T. DOMOTO
TELEPHONE FACSIMILE
(717) 232-5000 (717) 236-1816
TOIJ,FREE: 1-800-962-5097
Tammy D. Gettys
87 Hoover Road
Carlisle, PA 17013
HTTP;//W W W.MMTTE.COM
August 4, 2011
JAMES W. EVANS
1926-2008
* MARYLAND BAR
Certificate of Mailing
Re: Metro Bank f/kla Commerce Bank/Harrisburg, N.A. v. Jeffrey R. Gettys and
Tammy D. Gettys
Cumberland County C. C. P.; No.: 11-5624 Civil
Dear Mrs. Gettys:
Enclosed you will find an Important Notice in the above-referenced matter. Please
respond accordingly.
Very truly yours,
U.S. POSTAL SERVICE C RTIFICATE OF MAILING
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT
PROVIDE FOR INSURANCE-POSTMASTER
Received From:
HEATHER Z. KELLY, ESQUIRE
34 1 N. FRONT STREET PA
d'?o
One piece of ordinary mail addressed to:
Tammy D. Gettys
87 Hoover Road
Carlisle PA 17013
PS Form 3817, Mar. 1989
Heather Z. Kelly, Esquire
Affix fee here in stamps
or meter postage and
nnnt marls Innuim of
t
N s?
? Y
aIs
S 0?/'?? I
Q VlO K
m
1NO?
o ? O
Heather Z. Kelly, Esquire
Sup. Ct. I.D. No. 86291
METTE, EVANS & WOODSIDE
3401 North Front Street
P.O. Box 5950
Harrisburg, PA 17110-0950
Phone: (717) 232-5000
Fax: (717) 236-1816
hzkelly@mette.com
METRO BANK, f/k/a COMMERCE
BANK/HARRISBURG, N.A.,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 11-5624 CIVIL
V.
CIVIL ACTION - LAW
JEFFREY R. GETTYS and TAMMY D.
GETTYS
Defendants
TO: Tammy D. Gettys
87 Hoover Road
Carlisle, PA 17013
DATE OF NOTICE: August 4, 2011
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE
COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST
YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A
JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU
MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
1-800-990-9108
(717) 249-3166
Respectfully submitted:
METTE, EVANS & WOODSIDE
By: - F 6-/ ; ? ?
Heather Z. Kelly, Esquire
Sup. Court I.D. No. 86291
3401 North Front Street
P. 0. Box 5950
Harrisburg, PA 17110-0950
(717) 232-5000 - Phone
Date: August 4, 2011 Attorneys for Plaintiff
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PLEN NSYLVANIA ,
METTE, EVANS & WOODSIDE
Heather Z. Kelly, Esquire
Sup. Ct. ID No. 86291
Melissa L. Van Eck, Esquire
Sup. Ct. ID No. 85869
3401 North Front Street
P.O. Box 5950
Harrisburg, PA 17110-0950
(717) 232-5000
(717) 236-1816 (fax)
hzkellygmette.com
Attorneys for Plaintiff
METRO BANK, f/k/a COMMERCE
BANK/HARRISBURG, N.A.,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
JEFFREY R. GETTYS and TAMMY D
GETTYS,
Defendants
: DOCKET NO. 11-5624
AFFIDAVIT OF NON-MILITARY SERVICE
I, Heather Z. Kelly, Esquire, being duly sworn according to law, depose and state that to
the best of my knowledge, information and belief, the Defendants, Jeffrey R. Gettys and Tammy
D. Gettys, are not in the military or Naval service of the United States or its allies, or otherwise
within the provisions of the Servicemembers Civil Relief Act of 2003, 50 U.S.C. App. §501, et.
seq.
Respectfully submitted,
METTE, EVANS & WOODSIDE
By: 4LQ-? 3 keg!;
Heather Z. Kelly, quire
Sup. Ct. ID No. 86291
3401 North Front Street
P.O. Box 5950
Harrisburg, PA 17110-0950
Attorneys for Plaintiff
Date: August 22, 2011
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pa-RLAND
IN
METTE, EVANS & WOODSIDE
Heather Z. Kelly, Esquire
Sup. Ct. ID No. 86291
Melissa L. Van Eck, Esquire
Sup. Ct. ID No. 85869
3401 North Front Street
P.O. Box 5950
Harrisburg, PA 17110-0950
(717) 232-5000
(717) 236-1816 (fax)
hzkelly@mette.com
Attorneys for Plaintiff
METRO BANK, f/k/a COMMERCE IN THE COURT OF COMMON PLEAS OF
BANK/HARRISBURG, N.A., CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V.
DOCKET NO. 11-5624
JEFFREY R. GETTYS and TAMMY D.
GETTYS,
Defendants
CERTIFICATE OF RESIDENCE
I hereby certify that the name and address of the proper person(s) to receive this notice is:
Jeffrey R. Gettys Tammy D. Gettys
87 Hoover Road 87 Hoover Road
Carlisle, PA 17013 Carlisle, PA 17013
Respectfully submitted,
METTE, EVANS & WOODSIDE
By: " 4 3.
Heather Z. Kelly, squire V
Sup. Ct. ID No. 86291
3401 North Front Street
P.O. Box 5950
Harrisburg, PA 17110-0950
Date: August 22, 2011 Attorneys for Plaintiff