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HomeMy WebLinkAbout11-5625TOTAL $35,408.01 *Continue to accrue until paid Interest at the per diem rate of $3.84 attorney fees and costs of this action continue to accrue. Respectfully submitted, Heather Z. Kelly, quire I.D No. 85869 Appearing herein for Plaintiff Mette, Evans & Woodside 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Telephone: (717) 232-5000 Date: July 11, 2011 1- _.r"I-G FICE -1 rrti0TARY n. • , , _, Pil 1 : 2 r''L AQ COUNTY r?l???YL1?A?lIA METTE, EVANS & WOODSIDE Heather Z. Kelly, Esquire Attorney I.D. No. 86291 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 (717) 236-1816 (fax) 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. DOCKET NO. JEFFREY R. GETTYS and TAMMY D. (p ' GETTYS Defendants COMPLAINT IN CONFESSION OF JUDGMENT AND NOW, this 11th day of July, 2011, Plaintiff, Metro Bank, f/k/a Commerce Bank/Harrisburg, N.A. ("Plaintiff'), by its attorneys files the following Complaint in Confession of Judgment: 539424v1 1. Plaintiff is a Pennsylvania banking institution with an address at 3801 Paxton Street, Harrisburg, PA 17111. 2. Defendants are Jeffrey R. Gettys and Tammy D. Gettys, husband and wife, adult individuals with an address of 87 Hoover Road, Carlisle, PA 17013 ("Defendants") 3. On September 17, 2008, Mountain Aire Mechanical Contracting, Inc. ("Mountain Aire") executed a Note in the 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 (A true and correct copy of the Promissory Note and Note Modification Agreement are attached hereto as Exhibit "A" and are referred to collectively as the "Note"). 4. Pursuant to the terms of Unconditional Guarantees (the "Guarantees") executed on September 17, 2008, Defendants guaranteed Mountain Aire's obligations under the Note. True and correct copies of the Guarantees are attached hereto as Exhibit "B." 5. Mountain Aire has defaulted under the Note by failing to make payment when due. 6. By correspondence dated June 15, 2011, Plaintiff made a written demand on Defendants for payment. A true and correct copy of the June 15, 2011 correspondence and executed Certified Mail Receipts are attached hereto as Exhibit "C." 7. Defendants have failed to make payment upon written demand as required by the Guarantees. The Note and Guarantees were executed in connection with a commercial transaction. 9. Judgment is not being entered by confession against a natural person in connection with a consumer credit transaction. 10. The Note and Guarantees have not been assigned. 11. Judgment has not been entered on the Note or Guarantees in any jurisdiction. 12. The warrants of attorney appearing in the Guarantees are less than twenty (20) years old. 13. Plaintiff has taken all actions or complied with all conditions precedent in the filing of this action. 14. The entire remaining indebtedness evidenced by the Note and Guarantees is $35,408.01 and 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 Commission (15%) $4,618.44* TOTAL $35,408.01 *Continue to accrue until paid * Only reasonable attorneys fees will be collected by the attorney. Interest at the per diem rate of $3.84, attorney fees and costs of this action continue to accrue. WHEREFORE, on the basis of the confession of judgment provision contained in the Guarantees, Plaintiff demands judgment in its favor and against Defendants in the amount of $35,408.01, plus all interest which continues to accrue at the rate of $3.84 per day from June 24, 2011 forward, as authorized by Pennsylvania law, together with costs of suit. Respectfully submitted, Gi???t. Bather Z. Kelly, squire I.D. No. 86291 Mette, Evans & Woodside 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Telephone: (717) 232-5000 Attorneys for Plaintiff VERIFICATION I, John T. Robertson, have read the foregoing Complaint in Confession of Judgment and verify that the facts set forth therein are true and correct according to the best of my knowledge, information and belief and that 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 falsification to authorities. Robertson Bank Dated: 1149111 ????? ??? u3 stall Buaiaan Adminiatra4lon U.S. Small Business Administration NOTE SBA Loan # 32025450-02 SBA Loan Name Mountain Aire Mechanical Contracting, Inc. Cate 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 (08/03/02) 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. 2.0Repayment 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 (06103102) 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; J. 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 Form 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 (06/03102) Version 4.1 Page 416 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 attomey 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. ('d? ?? Je a ettys, President In l DATE SBA Form 147 (06/03102) Version 4.1 Page 5/6 Wolters Kluwer Financial Services, St. Cloud, MN 11. 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 9/17/08 SBA Form 147 (06/03/02) 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: 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: 4Jey WGetws. s ident H7 % T US Small au+ima. Admdnistratipn i 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 115 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 (10/98) Previous editions obsolete. Page 215 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 (10/98) Previous editions obsolete. Page 315 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 attomeys' 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. X Jeffrey , Individually 911 ?LD? DATE SBA Form 148 (10/98) Previous editions obsolete. Page 4/5 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 l13 Small alaimm A4p WzxUpm 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 BANKIHARRISBURG 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 215 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 contradictor 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 (10/98) 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. ?A Tammy D. s, Individually q117/0Y DATE SBA Form 148 (10/98) Previous editions obsolete. Page 4/5 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. C Tammy D. 9/17/08 SBA Form 148 (10/98) Previous editions obsolete. Page 5/5 Wolters Kluwer Financial Services, St. Cloud, MN ?X??? ?T C METRO BANK 3801 Paxton Street 888.937.0004 Harrisburg, PA 17111 mymetrobank.com June 15, 2011 VIA REGULAR AND CERTIFIED MAIL, RETURN RECEIPT REQUESTED Mountain Aire Mechanical. Jeffrey R. Gettys Tammy Gettys Contracting, Inc. 87 Hoover Road 87 Hoover Road Attn: Jeffrey R. Gettys Carlisle, PA 17013 Carlisle, PA 17013 87 Hoover Road Carlisle, PA 17013 Re: Indebtedness of Mountain Aire Mechanical ("Borrower") to Commerce Bank/Harrisburg, NA now Metro Bank ("Bank") as guarantied by Jeffrey R. Gettys and Tammy Gettys (collectively, the "Guarantors") Dear Mrs. Gettys: Responsibility for the loan arrangements between the Bank and the Borrower has been transferred. All communications from the Borrower and/or Guarantors to the Bank are to be addressed to Collection Officer Melissa Auman, Commercial Asset Recovery Specialist, P O Box 4999, Harrisburg PA 17111, until further written notice from the Bank. Reference is made to the Promissory Note of the Borrower in the original principal amount of $50,000, dated September 17, 2008 and payable to the order of Metro Bank. The Borrower is in default under the Term Note in that the Borrower has failed to, among other things, make payments when due (the "Term Note Default"). This letter constitutes formal notice to the Borrower and Guarantors of the occurrence of the Term Note Default. As a result of the Borrower's default, the Bank has elected to exercise its option to declare the entire unpaid principal balance of the Promissory Note and all accrued and unpaid interest to be immediately due and payable. As of June 15, 2011, there is unpaid, due and owing to the Bank under the Promissory Note the amount of $ 30,748.90. Demand is hereby made for the immediate payment in full of all amounts which are due and which may become due under the Promissory Note. The balance due under the Tenn Note may increase or decrease as a result of the receipt of payments and the proceeds of collateral securing the Term Note and the accrual of interest, late charges, costs of collection and other fees, costs and expenses. Therefore, immediately prior to remitting payment, please contact Melissa Auman at (717) 412-6317 to obtain final payoff amounts and remittance instructions. Nothing contained in this letter constitutes a waiver or release of any of the terms or provisions of the Term Note and all other notes, instruments or agreements between the Bank and the Borrower and/or Guarantors (the "Loan Documents"). The Bank reserves all rights and remedies available to it under the Loan Documents and applicable law, all of which are expressly hereby reserved. No discussions between the Bank and the Borrower and/or Guarantors concerning this notification, other loan relationships between the Bank and the Borrower and/or Guarantors, or any other matter shall imply an agreement on the part of the Bank to waive any of its rights and remedies or to forbear from taking any action authorized by the Loan Documents or applicable law, whether or not such discussions may be continuing. Any communications with any representative of the Bank, whether oral or written, will be mere discussions only and will not in any way commit or be binding upon the Bank unless reduced to a writing signed by an authorized officer of the Bank. Such communications will not represent any course of dealing, and in no manner shall you rely in any way on any such discussions unless such communications are reduced to a writing signed by an authorized officer of the Bank. The acceptance of any partial payment of any of the obligations of the Borrower and/or Guarantors to the Bank shall not be deemed a waiver or limitation of any of the Bank's rights reserved herein as to the full amount of any unpaid balance. Any delay or forbearance by the Bank in the enforcement or pursuit of any of its rights and remedies under the Loan Documents or applicable law shall not constitute a waiver thereof, nor shall it be a bar to the exercise of the Bank's rights or remedies at a later date. Should you have any questions, please do not hesitate to contact me Sincerely, METRO BANK Melissa Auman Commercial Asset Recovery Specialist METRO BANK 3801 Paxton Street 888.937.0004 Harrisburg, PA 17111 mymetrobank.com June 15, 2011 VIA REGULAR AND CERTIFIED MAIL, RETURN RECEIPT REQUESTED Mountain Aire Mechanical. Jeffrey R. Gettys Tammy Gettys Contracting, Inc. 87 Hoover Road 87 Hoover Road Attn: Jeffrey R. Gettys Carlisle, PA 17013 Carlisle, PA 17013 87 Hoover Road Carlisle, PA 17013 Re: Indebtedness of Mountain Aire Mechanical ("Borrower") to Commerce Bank/Harrisburg, NA now Metro Bank ("Bank") as guarantied by Jeffrey R. Gettys and Tammy Gettys (collectively, the "Guarantors") Dear Mr. Gettys: Responsibility for the loan arrangements between the Bank and the Borrower has been transferred. All communications from the Borrower and/or Guarantors to the Bank are to be addressed to Collection Officer Melissa Auman, Commercial Asset Recovery Specialist, P O Box 4999, Harrisburg PA 17111, until further written notice from the Bank. Reference is made to the Promissory Note of the Borrower in the original principal amount of $50,000, dated September 17, 2008 and payable to the order of Metro Bank. The Borrower is in default under the Term Note in that the Borrower has failed to, among other things, make payments when due (the "Term Note Default"). This letter constitutes formal notice to the Borrower and Guarantors of the occurrence of the Term Note Default. As a result of the Borrower's default, the Bank has elected to exercise its option to declare the entire unpaid principal balance of the Promissory Note and all accrued and unpaid interest to be immediately due and payable. As of June 15, 2011, there is unpaid, due and owing to the Bank under the Promissory Note the amount of $ 30,748.90. Demand is hereby made for the immediate payment in full of all amounts which are due and which may become due under the Promissory Note. The balance due under the Term Note may increase or decrease as a result of the receipt of payments and the proceeds of collateral securing the Tenn Note and the accrual of interest, late charges, costs of collection and other fees, costs and expenses. Therefore, immediately prior to remitting payment, please contact Melissa Auman at (717) 412-6317 to obtain final payoff amounts and remittance instructions. Nothing contained in this letter constitutes a waiver or release of any of the terms or provisions of the Term Note and all other notes, instruments or agreements between the Bank and the Borrower and/or Guarantors (the "Loan Documents"). The Bank reserves all rights and remedies available to it under the Loan Documents and applicable law, all of which are expressly hereby reserved. No discussions between the Bank and the Borrower and/or Guarantors concerning this notification, other loan relationships between the Bank and the Borrower and/or Guarantors, or any other matter shall imply an agreement on the part of the Bank to waive any of its rights and remedies or to forbear from taking any action authorized by the Loan Documents or applicable law, whether or not such discussions may be continuing. Any communications with any representative of the Bank, whether oral or written, will be mere discussions only and will not in any way commit or be binding upon the Bank unless reduced to a writing signed by an authorized officer of the Bank. Such communications will not represent any course of dealing, and in no manner shall you rely in any way on any such discussions unless such communications are reduced to a writing signed by an authorized officer of the Bank. The acceptance of any partial payment of any of the obligations of the Borrower and/or Guarantors to the Bank shall not be deemed a waiver or limitation of any of the Bank's rights reserved herein as to the full amount of any unpaid balance. Any delay or forbearance by the Bank in the enforcement or pursuit of any of its rights and remedies under the Loan Documents or applicable law shall not constitute a waiver thereof, nor shall it be a bar to the exercise of the Bank's rights or remedies at a later date. Should you have any questions, please do not hesitate to contact me Sincerely, METRO BANK Melissa Auman Commercial Asset Recovery Specialist METRO 3801 Paxtn Strt .937.004 BANK H ar isb g, PA 17111 m8ymetroba k.com June 15, 2011 VIA REGULAR AND CERTIFIED MAIL, RETURN RECEIPT REQUESTED Mountain Aire Mechanical. Jeffrey R. Gettys Tammy Gettys Contracting, Inc. 87 Hoover Road 87 Hoover Road Attn: Jeffrey R. Gettys Carlisle, PA 17013 Carlisle, PA 17013 87 Hoover Road Carlisle, PA 17013 Re: Indebtedness of Mountain Aire Mechanical ("Borrower") to Commerce Bank/Harrisburg, NA now Metro Bank ("Bank") as guarantied by Jeffrey R. Gettys and Tammy Gettys (collectively, the "Guarantors") Dear Mr. Gettys: Responsibility for the loan arrangements between the Bank and the Borrower has been transferred. All communications from the Borrower and/or Guarantors to the Bank are to be addressed to Collection Officer Melissa Auman, Commercial Asset Recovery Specialist, P O Box 4999, Harrisburg PA 17111, until further written notice from the Bank. Reference is made to the Promissory Note of the Borrower in the original principal amount of $50,000, dated September 17, 2008 and payable to the order of Metro Bank. The Borrower is in default under the Term Note in that the Borrower has failed to, among other things, make payments when due (the "Term Note Default"). This letter constitutes formal notice to the Borrower and Guarantors of the occurrence of the Term Note Default. As a result of the Borrower's default, the Bank has elected to exercise its option to declare the entire unpaid principal balance of the Promissory Note and all accrued and unpaid interest to be immediately due and payable. As of June 15, 2011, there is unpaid, due and owing to the Bank under the Promissory Note the amount of S 30,748.90. Demand is hereby made for the immediate payment in full of all amounts which are due and which may become due under the Promissory Note. The balance due under the Term Note may increase or decrease as a result of the receipt of payments and the proceeds of collateral securing the Term Note and the accrual of interest, late charges, costs of collection and other fees, costs and expenses. Therefore, immediately prior to remitting payment, please contact Melissa Auman at (717) 412-6317 to obtain final payoff amounts and remittance instructions. Nothing contained in this letter constitutes a waiver or release of any of the terms or provisions of the Term Note and all other notes, instruments or agreements between the Bank and the Borrower and/or Guarantors (the "Loan Documents'). The Bank reserves all rights and remedies available to it under the Loan Documents and applicable law, all of which are expressly hereby reserved. No discussions between the Bank and the Borrower and/or Guarantors concerning this notification, other loan relationships between the Bank and the Borrower and/or Guarantors, or any other matter shall imply an agreement on the part of the Bank to waive any of its rights and remedies or to forbear from taking any action authorized by the Loan Documents or applicable law, whether or not such discussions may be continuing. Any communications with any representative of the Bank, whether oral or written, will be mere discussions only and will not in any way commit or be binding upon the Bank unless reduced to a writing signed by an authorized officer of the Bank. Such communications will not represent any course of dealing, and in no manner shall you rely in any way on any such discussions unless such communications are reduced to a writing signed by an authorized officer of the Bank. The acceptance of any partial payment of any of the obligations of the Borrower and/or Guarantors to the Bank shall not be deemed a waiver or limitation of any of the Bank's rights reserved herein as to the full amount of any unpaid balance. Any delay or forbearance by the Bank in the enforcement or pursuit of any of its rights and remedies under the Loan Documents or applicable law shall not constitute a waiver thereof, nor shall it be a bar to the exercise of the Bank's rights or remedies at a later date. Should you have any questions, please do not hesitate to contact me Sincerely, METRO BANK Melissa Auman Commercial Asset Recovery Specialist m A O •' y - 14 (,cr- s L ? Q LL Of F LL > o O in U c pc Ea E E ro0 Uy 0 lu 00 U 6290 09E9 TOOO 09L2 OTOZ i? KIM ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece; or on the front if space permits. 1. Article Addressed to: Jeffrey R. Gettys 87 Hoover Rd. Carlisle, PA 17013 A. Sig re XX ? Agent O Addre B,_5."ve6 y (Printed ) C. Date of Deli D. Is delivery odress differ(nt from item 17 ? Yes If YES, enter delivery address below: ? No 3. Service Type Certified Mail ? Express Mall ? Registered ? Return Receipt for Merchar ? insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes 7010 2780 0001 6380 0829 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M ¦ Complete items 1, 2, and 3. Also complete A. Signature item 4 if Restricted Delivery is desired. ? ire 11111111 Print your name and address on the reverse X ? Addre . so that we can return the card to you. B. Received b Pri N ¦ Attach this card to the back of the mailpiece, l C.Date of Deli -14 pir or on the front if space permits. r`+ S W/ D. Is delivery a ress differeAt from item t? ? Yes 1. Article Addressed to: If YES, enter delivery address below: ? No a m L m au • " 6 O ?n Mountain Aire Mechanical Contracting, Jeffrey R. Gettys 87 Hoover Rd. (arlisle, PA 17013 3. SeVAce lype Certified Mail ? Express Mall ? Registered ? Return Receipt for Merchar ? Insured Mail ? C.O.D. U- a) -0 CU or • W U. V; LL N Q V L U m ° ma © CU CL . , n ? m = c ? > Q c? ¢ cm n ? in Y N C L r ¢W O cu 00 7010 2780 0001 6380 0812 y :"-o a % PS Form 3811, February 2004 2TV0 09E9 `0000 09 .2 OTO?- j I U4 _- r' m N to 6 H O • U Y1 a° LL L m a g L a v e N Q N 4. . ci c o? > E O in d N ?mE C N E _ C Q b Q, M !-? M i- 00 U w ;c " xnis 9090 0 9E9 TOOO 0922 OTOZ 4. Restricted Delivery/ (Extra Fee) ? Yes Domestic Return Receipt ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Tammy Gettys 87 Hoover Rd. Carlisle, PA 17013 102595-02-M A. Sig -- X ? Agent ? Addre B. Receiv (Printed N ) C. Date of Deli Q r ht'' D. Is delivery d t from item 1? ? Yes If YES, enter delivery address below: ? No 3. Service type ,"CerdW Mall ? Express Mail ? Registered ? Return Receipt for Merchan ? Insured mail ? C.O.D. 4. Restricted Delivery? (Extra roe) ? Yes 2 na ?e ni,,... 7010 2780 0001 6380 0805 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M r i? ED-OFFICE r„ PROTHONOTARY METTE, EVANS & WOODSIDE Heather Z. Kelly, Esquire Attorney I.D. No. 86291 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 (717) 236-1816 (fax) METRO BANK, f/k/a Commerce Bank/Harrisburg, N.A. Plaintiff 20, 11 JUL 12 PM 1: 32 "UMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. : DOCKET NO. JEFFREY R. GETTYS and TAMMY D. GETTYS Defendants Certificate of Address I hereby certify that the Defendants maintain a resident address at: Jeffrey R. Gettys 87 Hoover Road Carlisle, PA 17013 Tammy D. Gettys 87 Hoover Road Carlisle, PA 17013 Respectfully submitted, Heather Z. Kelly, squire I.D. No. 86291 Mette, Evans & Woodside 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Telephone: (717) 232-5000 Date: July 11, 2011 Attorneys for Plaintiff w ' FO-OFFICE m i HE PROTNONOTAR 2011 J13L 12 PM 1: 32 CUMBERLAND COUNTY € ENNSYLVANIA METTE, EVANS & WOODSIDE Heather Z. Kelly, Esquire Attorney I.D. No. 86291 3401 North Front Street P.O. BOX 5950 Harrisburg, PA 17110-0950 (717) 232-5000 (717) 236-1816 (fax) METRO BANK, f/k/a Commerce IN THE COURT OF COMMON PLEAS OF Bank/Harrisburg, N.A. CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. DOCKET NO. JEFFREY R. GETTYS and TAMMY D. GETTYS Defendants AFFIDAVIT OF NON-MILITARY SERVICE I am the attorney for Metro Bank, f/k/a Commerce Bank/Harrisburg, N.A., and according to the best of my information and belief, the Defendants are adult individuals and are not in the United States Military Service. Jeffrey R. Gettys Tammy D. Gettys 87 Hoover Road 87 Hoover Road Carlisle, PA 17013 Carlisle, PA 17013 Respectfully submitted, Heather Z. Kelly, squire I.D. No. 86291 Mette, Evans & Woodside 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Telephone: (717) 232-5000 Attorneys for Plaintiff Date: July 11, 2011 I LED-OFFICE y . PROTHONOTARY 20I1 JUL 12 PIS 1: 32 CUMBERLAND COUNTY PENNSYLVANIA METTE, EVANS & WOODSIDE Heather Z. Kelly, Esquire Attorney I.D. No. 86291 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 (717) 236-1816 (fax) METRO BANK, f/k/a Commerce Bank/Harrisburg, N.A. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. : DOCKET NO. JEFFREY R. GETTYS and TAMMY D. GETTYS Defendants Notice Under Pa R.C.P. 2958.1 Of Judgment And Execution Thereon Notice of Defendant's Rights TO: Jeffrey R. Gettys 87 Hoover Road Carlisle, PA 17013 A judgment in the amount of $35,408.01 has been entered against you in favor of the plaintiff without any prior notice or hearing, based on a confession of judgment contained in a written agreement or other paper allegedly signed by you. The sheriff may take your money or other property to pay the judgment at any time after thirty (30) days after the date on which this notice is served on you. You may have legal rights to defeat the judgment or to prevent your money or property from being taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. YOU SHOULD TAKE THIS PAPER TO 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 INFORMATON ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 1-800-990-9108 Respectfully submitted, F Heather Z. Kelry,, Esquire I.D. No. 86291 Mette, Evans & Woodside 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Telephone: (717) 232-5000 Attorneys for Plaintiff Date: July 11, 2011 E31-OFFICE T - FROTNONOTAR METTE, EVANS & WOODSIDE Heather Z. Kelly, Esquire Attorney I.D. No. 86291 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 (717) 236-1816 (fax) METRO BANK, f/k/a Commerce Bank/Harrisburg, N.A. Plaintiff 2011 JUL 12 Phl 1 ? 32 OUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. : DOCKET NO. JEFFREY R. GETTYS and TAMMY D. GETTYS Defendants Notice Under Pa R.C.P. 2958.1 Of Judgment And Execution Thereon Notice of Defendant's Rights TO: Tammy D. Gettys 87 Hoover Road Carlisle, PA 17013 A judgment in the amount of $35,408.01 has been entered against you in favor of the plaintiff without any prior notice or hearing, based on a confession of judgment contained in a written agreement or other paper allegedly signed by you. The sheriff may take your money or other property to pay the judgment at any time after thirty (30) days after the date on which this notice is served on you. V You may have legal rights to defeat the judgment or to prevent your money or property from being taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATON ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 1-800-990-9108 Respectfully submitted, Heather Z. Kelly, squire I.D. No. 86291 Mette, Evans & Woodside 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Telephone: (717) 232-5000 Attorneys for Plaintiff Date: July 11, 2011 PT?OTHOFFIC- ONCITA ?. t?11 +? jUL 12 Pfd t: 34 LAND COUNTY "'PENNSYLVANIA METTE, EVANS & WOODSIDE Heather Z. Kelly, Esquire Attorney I.D. No. 86291 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 (717) 236-1816 (fax) METRO BANK, f/k/a Commerce Bank/Harrisburg, N.A. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. JEFFREY R. GETTYS and TAMMY D GETTYS Defendants s ?D C- DOCKET NO. ' NOTICE UNDER 42 Pa. C.S.A. 2737.1 OF RIGHT TO RECOVER ATTORNEY FEES AND COSTS AND PROCEDURE TO FOLLOW TO STRIKE OFF OR OPEN A CONFESSED JUDGMENT TO: Jeffrey R. Gettys 87 Hoover Road Carlisle, PA 17013 Pursuant to 42 Pa.C.S.A. 273 you are hereby notified that a debtor who has been incorrectly identified and had a confession of judgment entered against him shall be entitled to costs and reasonable attorney fees as determined by the court. Pursuant to 42 Pa.C.S.A. § 273 you are hereby notified of the instructions regarding the procedure to follow to strike off or open a confessed judgment under Pennsylvania Rule of Civil Procedure 2959, which is reproduced in full, on the following page. Respectfully submitted, s Heather Z. Kelly, squire I.D. No. 86291 Mette, Evans & Woodside 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Telephone: (717) 232-5000 Attorneys for Plaintiff Date: July 11, 2011 PENNSYLVANIA RULE OF CIVIL PROCEDURE 2959 STRIKING OFF OR OPENING JUDGMENT; PLEADINGS AND PROCEDURE (a)(1) Relief from a judgment by confession shall besought by petition. Except as provided in subparagraph (2), all grounds for relief whether to strike off the judgment or to open it must be asserted in a single petition. The petition may be filed in the county in which the judgment was originally entered, in any county to which the judgment has been transferred or in any other county in which the sheriff has received a writ of execution directed to the sheriff to enforce the judgment (2) The ground that the waiver of the due process rights of notice and hearing was not voluntary, intelligent and knowing shall be raised only (i) in support of a further request for a stay of execution where the court has not stayed execution despite the timely filing of a petition for relief from the judgment and the presentation of prima facie evidence of a defense; and (ii) as provided by Rule 2958.3 or Rule 2973.3. (3) If written notice is served upon the petitioner pursuant to Rule 2956.1(c)(2) or Rule 2973.1(c), the petition shall be filed within thirty days after such service. Unless the defendant can demonstrate that there were compelling reasons for the delay, a petition not timely filed shall be denied. (b) If the petition states prima facie grounds for relief the court shall issue a rule to show cause and may grant a stay of proceedings. After being served with a copy of the petition the plaintiff shall file an answer on before the return day of the rule. The return day of the rule shall be fixed by the court by local rule or special order. (c) A party waives all defenses and objections which are not included in the petition or answer. (d) The petition and the rule to show cause and the answer shall be served as provided in Rule 440. (e) The court shall dispose of the rule on petition and answer, and on any testimony, depositions, admissions and other evidence. The court for cause shown may stay proceedings on the petition insofar as it seeks to open the judgment pending disposition of the application to strike off the judgment. If evidence is produced which in a jury trial would require the issues to be submitted to the jury, the court shall open the judgment. (f) The lien of the judgment or of any levy or attachment shall be preserved while the proceedings to strike off or open the judgment are pending. (g) (1) A judgment shall not be stricken or opened because of a creditor's failure to provide a debtor with instructions imposed by an existing statute, if any, regarding procedures to follow to strike a judgment or regarding any rights available to an incorrectly identified debtor. (2) Subdivision (g)(1) shall apply to (1) judgment entered prior to the effective date of a subdivision (g) which have not been stricken or opened as of the effective date and (2) judgment entered on or after the effective date. i= H ED-OFFICE v Y 11, 11] PRCTIIONOTAR",,' METTE, EVANS & WOODSIDE Heather Z. Kelly, Esquire Attorney I.D. No. 86291 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 (717) 236-1816 (fax) METRO BANK, f/k/a Commerce Bank/Harrisburg, N.A. Plaintiff ?Q 11 JUL 12 PM 1= 3 4 'UMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. JEFFREY R. GETTYS and TAMMY D GETTYS Defendants DOCKET NO. 1 I , S6 ? S? C NOTICE UNDER 42 Pa. C.S.A. 2737.1 OF RIGHT TO RECOVER ATTORNEY FEES AND COSTS AND PROCEDURE TO FOLLOW TO STRIKE OFF OR OPEN A CONFESSED JUDGMENT TO: Tammy D. Gettys 87 Hoover Road Carlisle, PA 17013 Pursuant to 42 Pa.C.S.A. 2737. 1, you are hereby notified that a debtor who has been incorrectly identified and had a confession of judgment entered against him shall be entitled to costs and reasonable attorney fees as determined by the court. Pursuant to 42 Pa.C.S.A. § 273 you are hereby notified of the instructions regarding the procedure to follow to strike off or open a confessed judgment under Pennsylvania Rule of Civil Procedure 2959, which is reproduced in full, on the following page. Respectfully submitted, Heather Z. Kelly, Esquire I.D. No. 86291 Mette, Evans & Woodside 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Telephone: (717) 232-5000 Attorneys for Plaintiff Date: July 11, 2011 PENNSYLVANIA RULE OF CIVIL PROCEDURE 2959 STRIKING OFF OR OPENING JUDGMENT; PLEADINGS AND PROCEDURE (a)(1) Relief from a judgment by confession shall besought by petition. Except as provided in subparagraph (2), all grounds for relief whether to strike off the judgment or to open it must be asserted in a single petition. The petition may be filed in the county in which the judgment was originally entered, in any county to which the judgment has been transferred or in any other county in which the sheriff has received a writ of execution directed to the sheriff to enforce the judgment (2) The ground that the waiver of the due process rights of notice and hearing was not voluntary, intelligent and knowing shall be raised only (i) in support of a further request for a stay of execution where the court has not stayed execution despite the timely filing of a petition for relief from the judgment and the presentation of prima facie evidence of a defense; and (ii) as provided by Rule 2958.3 or Rule 2973.3. (3) If written notice is served upon the petitioner pursuant to Rule 2956.1(c)(2) or Rule 2973.1(c), the petition shall be filed within thirty days after such service. Unless the defendant can demonstrate that there were compelling reasons for the delay, a petition not timely filed shall be denied. (b) If the petition states prima facie grounds for relief the court shall issue a rule to show cause and may grant a stay of proceedings. After being served with a copy of the petition the plaintiff shall file an answer on before the return day of the rule. The return day of the rule shall be fixed by the court by local rule or special order. (c) A party waives all defenses and objections which are not included in the petition or answer. (d) The petition and the rule to show cause and the answer shall be served as provided in Rule 440. (e) The court shall dispose of the rule on petition and answer, and on any testimony, depositions, admissions and other evidence. The court for cause shown may stay proceedings on the petition insofar as it seeks to open the judgment pending disposition of the application to strike off the judgment. If evidence is produced which in a jury trial would require the issues to be submitted to the jury, the court shall open the judgment. (f) The lien of the judgment or of any levy or attachment shall be preserved while the proceedings to strike off or open the judgment are pending. (g) (1) A judgment shall not be stricken or opened because of a creditor's failure to provide a debtor with instructions imposed by an existing statute, if any, regarding procedures to follow to strike a judgment or regarding any rights available to an incorrectly identified debtor. (2) Subdivision (g)(1) shall apply to (1) judgment entered prior to the effective date of a subdivision (g) which have not been stricken or opened as of the effective date and (2) judgment entered on or after the effective date. METTE, EVANS & WOODSIDE Heather Z. Kelly, Esquire Attorney I.D. No. 86291 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 (717) 236-1816 (fax) hzkelly ,mette.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. : DOCKET NO. JEFFREY R. GETTYS and TAMMY D. GETTYS Defendants NOTICE OF ENTRY OF JUDGMENT TO: Jeffrey R. Gettys 87 Hoover Road Carlisle, PA 17013 You are hereby notified pursuant to Rule 236 of the Pennsylvania Rules of Civil Procedure that Judgment has been entered against you in the amount of $35,408.01 as provided in the Note and Guaranty referenced in the Complaint plus all interest after the entry of such judgment at the rate permitted by law. Prothonotary of Cumbe 11 ? AL Date By: METTE, EVANS & WOODSIDE Heather Z. Kelly, Esquire Attorney I.D. No. 86291 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 (717) 236-1816 (fax) 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. : DOCKET NO. JEFFREY R. GETTYS and TAMMY D. GETTYS Defendants NOTICE OF ENTRY OF JUDGMENT TO: Tammy D. Gettys 87 Hoover Road Carlisle, PA 17013 You are hereby notified pursuant to Rule 236 of the Pennsylvania Rules of Civil Procedure that Judgment has been entered against you in the amount of $35,408.01 as provided in the Note and Guaranty referenced in the Complaint plus all interest after the entry of such judgment at the rate permitted by law. Date \\ Prothono oftFnb County By: SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ?ti St?+,ttr of ?tur,brr/,r?t J C FILE -OFFICE ZOI I JUL 20 PIS 1:56 CUMBERLAND COUNTY PENNSYLVANIA Metro Bank vs. Jeffrey R. Gettys (et al.) Case Number 2011-5625 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 Confession of Judgment, 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. :?? VC-4- TIM 45LACK, 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 Confession of Judgment, 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 9LAtK, DEPUTY SO ANSWERS, RON R ANDERSON, SHERIFF C.? (OunTyS jito S'erl.Yf, % f? a' Ji. Ronald L. Finck, Esquire METTE, EVANS & WOODSIDE 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17108-0950 (717) 232-5000 - Phone (717) 236-1816 - Fax rlfmck@mette.com METRO BANK, f/k/a COMMERCE BANK/HARRISBURG, N.A., Plaintiff V. JEFFREY R. GETTYS and TAMMY D. GETTYS, Defendants TO THE PROTHONOTARY: n }f 10 2 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 11-5625 PRAECIPE Please enter the appearance of Ronald L. Finck and the law firm of Mette, Evans & Woodside as counsel for Plaintiff, Metro Bank f/k/a Commerce Bank/Harrisburg, N.A. Papers may be served on the address below. Respectfully submitted, METTE, EVANS & WOODSIDE By: Ajv X. 41M;4,? Ronald L. Finck, Esquire Sup. Ct. I.D. No. 89985 Mette, Evans & Woodside 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 (717)232-5000 Date: November 9, 2011 CERTIFICATE OF SERVICE I certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage, prepaid, as follows: Jeffrey R. Gettys Tammy F. Gettys 87 Hoover Road Carlisle, PA 17013 Respectfully submitted, METTE, EVANS & WOODSIDE By: A,-j'C 4A,.;.A Ronald L. Finck, Esquire Sup. Ct. I.D. No. 89985 Mette, Evans & Woodside 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 (717)232-5000 Dated: November 9, 2011 544821v1 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor (h ._i f 1f'; ?! 41 !/, Nfl,f" Metro Bank vs. Case Number Jeffrey R. Gettys (et al.) 2011-5625 SHERIFF'S RETURN OF SERVICE 11/17/2011 01:14 PM - Deputy Michelle Gutshall, being duly sworn according to law, served the requested Writ of Execution and Claim for Exemption Form to a person representing themselves to be SERVED TAMMY GETTYS- WIFE, who accepted as ",Adult Person in Charge" for the within named Defendant. to wit: Jeffrey R. Gettys at 87 Hoover Road, Middlesex Township, Carlisle, PA 17013, informed person of contents of same and levied upon personal property as directed. Postcard and copy of levy mailed to attorney and letter mailed to defendant on November 18, 2011. 11/17/2011 01:14 PM - Michelle Gutshall, Deputy, being duly sworn according to law, states that on November 17, 2011 at 1:14 PM hours, served the requested Writ of Execution and Claim for Exemption Form by "personally" handing a true and attested copy to a person representing themselves to be the Defendant, tc wit: Tammy D. Gettys at 87 Hoover (Road, Middlesex Township, Carlisle, PA 17013, informed Defendant of contents of same and levied upon personal property as directed. Postcard and copy of levy mailed to attorney and letter mailed to defendant on November 18, 2011. 05/17/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned as ABANDONED. No action on writ in over 6 months. SHERIFF COST $78.95 May 17, 2012 SO ANSWERS, ROW/ ANDERSON. SHERIFF ?- F ? ?) t. L i L .J i } , FE?LJ V p.. ?irf?' I?1 ??e Ronald L. Finck, Esquire METTE, EVANS & WOODSIDE Sup. Ct. ID No. 89985 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 (717) 236-1816 (fax) rlfinck@mette.com Attorneys for Plaintiff METRO BANK, f/k/a Commerce BarWHarrisburg, N.A. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. JEFFREY R. GETTYS and TAMMY D. GETTYS Defendants DOCKET NO. 2011-5625 PRAECIPE TO WITHDRAW WRIT OF EXECUTION Plaintiff, Metro Bank, f/k/a Commerce Bank/Harrisburg, N.A. hereby withdraws the Writ of Execution issued to the Sheriff, Cumberland County, Pennsylvania, in the above-captioned matter on November 10, 2011, a copy of which is attached hereto as Exhibit "A". Respectfully submitted, METTE, EVANS & WOODSIDE Y• 6 plc?? /1, 4,-A Ronald L. Finck, Esquire Sup. Ct. ID No. 89985 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Attorneys for Plaintiff Date: May 31, 2012 I A WRU OF E)MCUTION ahd/or A'TTACHIVIENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NOII-Sas CIv11 CIVIL, ACTION - LAW TO THE SHERIFF OF CUNMERLAPTD COUNTY; To sati* d* debt, leterast and cores due MEATI O BANK, J?1VA CIJM'MERGE RAI" URARRISHU11Q, N-4. PI>tintiff(s) Ptotn nFFRTY It GETTYS AND TA MMy I?, GE'TTY,% 87 HOOVER JtOAD, CARLISLII, PA 1701!3 (I) Yost are directed to Icvy ttpvn tbt prapertY Of the defndant (s)end tosoli LE'V'Y UPON ANY AND ALL PERSONAL PR+OPgRTY LOCATED AT 87 HOOVER ROAD, CAnLTSLI, PA 17013 . (2) You are also directed to attach dm ptopeM aft* defbodant(s) not levied upon in the passdsslon of GARINISHU(5) as follows: and tp notify the gamishee(s) that; (a) It aaochnlotat l0 been Issued; (b) du comialsee(s) is enjoined eam payif 9 any debt to at for the 4CM909 of *4 defendaust (a) and fmm deiiveri B:tnY Proparty of the defendant (s) 01 ad wise dtapocing thereof; ('3) f ProPerty oir die ttdant(s) not levied upon an subject to wuchnmt is touted in ft Fosaession of anrne 06YOF than a Warted gamishM you = directed' to notify himAler that helsbe has been added as a garnishee and is enjoined as above stated. Amau nt Otte S3S,408,ol LIL $ 50 Interest from 7/12111 (date of Judgment) through November 9120 11 5698.46 Aby's Comm % Any Paid 104.44 Plaintiff Paid 17ate: 11110111 (SCSI) R1;QIITNG PARTY- Name: RONALD L» FMCK, RSQUM Addrew. METT>, EVAN'S & WOODSIDE 3901 NORTH FRONT STREET ?.0. BOX 5950 HARREBURG,?A 17110-0930 Attorney fbr. PALATIYTIBF Telepfiotuu; 717-232-5000 Supre tae Court lD No. 89iIS,s Due Prothy S:.00 Other Costs: 5174.00 Ir David D. Buell, Pero Ionamry v Deputy TRUE COPYFHt31J fM+ORD ?++"werfs ! t v+tot mpr hand and 'tea--..l?.d?i?? ? ? 4 0, CERTIFICATE OF SERVICE I certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage, prepaid, as follows: Jeffrey A. Gettys Tammy D. Gettys 87 Hoover Road Carlisle, PA 17013 (Defendants) Gary J. Imblum, Esquire Imblum Law Office, P.C. 4615 Derry Street Harrisburg, PA 17111 (Bankruptcy Counsel for Defendants) METTE, EVANS & WOODSIDE By: -I 4?4 Ronald L. Finck, Esquire Sup. Ct. ID No. 89985 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Attorneys for Plaintiff Date: May 31, 2012 573905v1