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HomeMy WebLinkAbout11-8223WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY, LLP By: Peter E. Meltzer Identification No.: 39828 By: James H. Curry III Identification No.: 306954 Fulton Bank Building 200 North Third Street, Suite 9A Harrisburg, PA 17101 (717) 237-6940 METRO BANK f/k/a COMMERCE BANK/ HARRISBURG, N.A. 3801 Paxton Street Harrisburg, PA 17111 V. MICHAEL J. HARTLE 295 Tanger Road Boiling Springs, PA 17007 A' LYNN R. HARTLE 295 Tanger Road Boiling Springs, PA 17007 UNITED STATES OF AMERICA Harrisburg Federal Building and Courthouse 228 Walnut Street, Suite 220 P.O. Box 11754 Harrisburg, PA 17108 P Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. ??- 8 aa3 e(Vli 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 this court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE U ex?aav? e? Rai s9-I BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. 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 THE 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 (800) 990-9108 AVISO PARA DEFENDER USTED HA SIDO DEMANDADO/A EN LA CORTE. Si usted desea defender conta la demanda puestas en las siguientes paginas, usted tienen que tomar accion dentro veinte (20) dias despues que esta Demanda y Aviso es servido, con entrando por escrito una aparencia personalmente o por un abogado y archivando por escrito con la Corte sus defensas o objeciones a las demandas puestas en esta contra usted. Usted es advertido que si falla de hacerlo el caso puede proceder sin usted y un jazgamiento puede ser entrado contra usted por la Corte sin mas aviso por cualquier dinero reclamado en la Demanda o por cualquier otro reclamo o alivio solicitado por Demandante. Usted puede perder dinero o propiedad o otros derechos importante para usted. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA 0 LLAME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO 0 GRATIS. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY, LLP By: Peter E. Meltzer Identification No.: 39828 By: James H. Curry III Identification No.: 306954 Fulton Bank Building 200 North Third Street, Suite 9A Harrisburg, PA 17101 (717) 237-6940 METRO BANK f/k/a COMMERCE BANK/ HARRISBURG, N.A. 3 801 Paxton Street Harrisburg, PA 17111 V. MICHAEL J. HARTLE 295 Tanger Road Boiling Springs, PA 17007 A'LYNN R. HARTLE 295 Tanger Road Boiling Springs, PA 17007 UNITED STATES OF AMERICA Harrisburg Federal Building and Courthouse 228 Walnut Street, Suite 220 P.O. Box 11754 Harrisburg, PA 17108 Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. COMPLAINT IN MORTGAGE FORECLOSURE AND NOW, comes the plaintiff, Metro Bank f/k/a Commerce Bank/Harrisburg, N.A., by and through its attorneys, Weber Gallagher Simpson Stapleton Fires & Newby, LLP, and files this Complaint in Mortgage Foreclosure pursuant to the Pennsylvania Rules of Civil Procedure and avers the following: PARTIES 1. Plaintiff is a banking institution with an address as listed above. Plaintiff was formerly operating as Commerce Bank/Harrisburg, N.A. and is currently known as Metro Bank. 2. Defendants, Michael J. Hartle and A'Lynn R. Hartle, are the individuals named above residing at the address listed above. 3. Defendant, United States of America, is a government agency with an address at 228 Walnut Street, Suite 220, P.O. Box 11754, Harrisburg, PA 17108. Said Defendant is named as a Defendant as a result of a federal tax lien filed on December 14, 2010, which has been imposed by the Internal Revenue Service against the mortgaged property, as defined herein in the amount of $66,647.17. VENUE 4. Venue is proper in Cumberland County under Pa. R. Civ. P. 1142 in that said County is the county where the cause of action arose and the county where the transaction or occurrence took place out of which the cause of action arose and the county where the real property which secures the loan made by Plaintiff to Defendants is located. FACTS 5. On or about November 26, 2003, Plaintiff loaned Aircraft Management Services, Inc. ("AMSI") the principal sum of $50,000.00 with interest in accordance with the terms and conditions of a certain Promissory Note of November 26, 2003, executed by AMSI in favor of Plaintiff (the "Note"). A true and correct copy of the Note is attached hereto as Exhibit 1. 6. The Note is guaranteed by a November 26, 2003 Commercial Guaranty executed by Defendants, Michael J. Hartle and A'Lynn R. Hartle, (the "Guaranty"). A true and correct copy of the Guaranty is attached hereto as Exhibit 2. 7. The Guaranty is secured by a Mortgage executed by Defendants, Michael J. Hartle and A'Lynn R. Hartle, in favor of Plaintiff (the "Mortgage") granting Plaintiff a mortgage lien on real estate located at 295 Tanger Road, Boiling Springs, PA, 17007; Parcel ID No.: 40-12-0344-088 (the "Property"). The Mortgage was recorded on March 29, 2004, with the Cumberland County Recorder of Deeds, Book 1858, Page 2886. A true and correct copy of the Mortgage is attached hereto as Exhibit 3. 8. On or about November 17, 2006, Defendants, Michael J. Hartle and A'Lynn R. Hartle, executed a Modification of Mortgage in favor of Plaintiff (the "Modification") increasing the principal of the Mortgage from $50,000.00 to $150,000.00. A true and correct copy of the Modification is attached hereto as Exhibit 4. 9. On or about February 1, 2011, Defendants, Michael J. Hartle and A'Lynn R. Hartle, executed a Note Modification Agreement in favor of Plaintiff (the "Note Modification") extending the maturity date from November 26, 2010 to March 1, 2011. A true and correct copy of the Note Modification is attached hereto as Exhibit 5. 10. Upon information and belief, the Property consists of a residential dwelling. 11. Defendants, Michael J. Hartle and A'Lynn R. Hartle, are the owners of the Property. 12. Plaintiff is the holder of the Note and Mortgage and there have been no assignments of the Note and Mortgage. 13. The Note Modification's maturity date was March 1, 2011. As a result of the failure to make the payoff amount due as of March 1, 2011, and thereafter, the entire unpaid balance of principal indebtedness, together with all accrued and unpaid interest, and all of Plaintiffs costs as authorized in the Note are immediately due and payable, comprised as follows: Principal Balance Due: $144,782.10 Interest Due through September 6, 2011: $ 5,984.32 Late Charges: $ 15,239.80 Attorney's Fees: $ 7,538.32 Costs of Suit and Title Search: $ 500.00 Total Sum Due $174,044.54 Interest accrues on the Note from and after September 7, 2011, at the per diem rate of $24.13. 14. The attorneys' fees set forth above are in conformity with the mortgage documents and/or 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 sale, reasonable attorneys' fees will be charged based on work actually performed. 15. Act 6, the Act of January 30, 1974, P.L. 13, No. 6, 41 P.S. §403 et §M., and the Homeowner's Emergency Assistance Act, Act of December 23, 1983, P.L. 395, No. 91, 35 P.S. §1680.401(c) et sue, have been complied with or are not applicable. WHEREFORE, Plaintiff demands in rem judgment for foreclosure and sale of the property against Defendant(s) in the amounts and with the per diem interest set forth in paragraph 13 above, together with interest at the rate set forth in the Note from the date of judgment, and other damages and relief as the court may deem just. Respectfully submitted, WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY, LLP Dated: October 28, 2011 EXHIBIT 1 U3 Small Business Administration U.S. Small Business Administration ?J . NOTE SBA Loan # EXP 695-069-4004 SBA Loan Name Aircraft Management Services, Inc. Date November 26, 2003 Loan Amount 50,000.00 Interest Rate New York Prime +4:09%, adjusting calendar quarterly: Floor: 6.00%; Ceiling 13.00% Borrower Aircraft Management Services, Inc. Operating Company N/A Lender Commerce Bank(Harrisburg, N.A. 1. PROMISE TO PAY: In return for the Loan, Borrower promises to pay to the order of Lender the amount of Fifty thousand and ----------------------------------------------------------- 00/100 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 (06/03/02) Version 4.1 Page 1/6 Bankers Systems, Inc., St. Cloud, MN 3. PAYMENT TERMS: Borrower must make all payments at the place Lender designates. The payment terms for this Note are: a),Maturity: This Note will mature five (5) years from date of Note. b).Repayment Terms: This loan is a revolving line of credit. Borrower may make advances on the line of credit up to the maximum thereof from time to time. Each advance shall be in an amount not less than $500.00 and is subject to Borrower's credit lit-nit. Lender reserves the right to decline advances based on changes in Borrower's financial condition. Borrower may not make any advances after an event of default. Borrower will pay this loan on demand, or if no demand is made, in one payment of all outstanding principal plus all accrued unpaid interest on November 26, 2008. The Note will mature in five (5) years from date of Note. In addition, Borrower will pay regularly monthly payments of accrued unpaid interest based upon the principal balance outstanding from time to time beginning the first day of the second month from the date of the Note. All subsequent monthly interest payments are due on the first day of each month thereafter. The interest rate on this Note will fluctuate. The initial rate of interest will be 6.00%. This initial interest rate is the prime rate on the date the SBA received the loan application, plus 2.00%. This note shall have an interest rate floor of 6.00% and an interest rate ceiling of 13.00%. Lender will apply each installment payment first to pay interest accrued to the day Lender receives the payment, then to pay any late fees, and will apply any remaining balance to reduce principle. Borrower agrees that if a default occurs on this Note or any other outstanding SBA or SBA guaranteed loan, Lender has the option to make this Note and such other loans immediately due and payable. The adjusted interest rate will be 2.00% above the Prime rate. Lender may adjust the interest rate for the first time on the first day of the calendar quarter following the date of Note and on the first day of each calendar quarter thereafter. The change in interest rate is effective on that day whether or not Lender gives Borrower notice of the change. 'The "Prime Rate" is the prime rate published in the Wall Street Journal, in effect on the first business day of the month in which a change occurs. 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. Late Charge: If a payment on this Note is more than tem (10) days late, Lender may charge Borrower a late fee of up to 5% of the unpaid portion of the regularly scheduled payment. Lender computes interest on a 30/360 day basis. SSA Form 147 (06/03/02) Version 4.1 Page 2/6 Bankers Systems, Inc., 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 IS 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. 5. LENDEWS 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 (06/03/02) Version 4.1 Page 3/6 Bankers Systems, Inc., 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 dote, 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 (06103/02) Version 4.1 Page 4/6 Bankers Systems, Inc., St. Cloud, MN 10, STATE-SPECIFIC PROVISIONS: Borrower hereby irrevocably authorizes and empowers any attorney or the attorney or the prothonotary or clerk of any court in the Commonwealth of Pennsylvania, or elsewhere, to appear at any time for Borrower after a default under this Note, and with or without complaint filed, as of any term, confess or enter judgment against borrower for the entire principal balance of this Note, all accrued interest, late charges, and any and all amounts expended or advanced by Lender relating to any collateral securing this Note together with interest on such amounts, together with costs of suit, and an attorney's commission of ten percent (10%) of the unpaid principal balance and accrued interest for collection, but in any event not less than five hundred dollars ($500) on which judgement or judgements one or more executions may issue immediately; and for so doing, this Note or a copy of this Note verified by affidavit shall be sufficient warrant. The authority granted in this Note to confess judgement against Borrower shall not be exhausted by any exercise of that authority, but shall continue from time to time and at all times until payment in full of all amounts due under this Note. Borrower hereby waives any right Borrower may have to notice or to a hearing in connection with any such confession of judgment, except any notice and/or hearing required under applicable law with respect to execution of the judgment, and states that either a representative of Lender specifically called this confession of judgment provision to Borrower's attention or Borrower has been represented by Independent legal counsel. The lien arising from any judgment confessed or entered pursuant to the foregoing authority shall not extend to any of Borrower's residential real property as that term is defined in the Pennsylvania Act of January 30, 1974 (PA Laws 13, No. 6), referred to as the loan interest and protection law, as amended, and the holder of any judgment confessed or entered pursuant to the foregoing authority shall not, in enforcement of any such judgment execute, levy or otherwise proceed against any such residential real property; provided, however, that the lien of such judgment shall extend to such residential real property and that the holder thereof shall be permitted to execute, levy, or proceed against such residential real property from and after the entry of a judgment as contemplated by Section 407 of such loan interest and protection law and Rules 2981 to 2986 of the Pennsylvania Rules of Civil Procedure, or successor or similar statutes and rules. No limitation of lien or any execution, levy or other enforcement contained in the immediately preceding sentence shall apply with respect to any judgment obtained other than by the foregoing authority to confess or enter judgment. SBA Form 147 (06103/02) Version 4.1 Page 516 Bankers Systems, Inc., 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. Aircraft Management Services, Inc. J. Hartle, President SBA Form 147 (06/03/02) Version 4.1 November 26, 2003 Page 6/6 Bankers Systems, Inc., St. Cloud, MN EXHIBIT 2 US Stwlt Iitalum t inistrWon U.S. Small Business Administration UNCONDITIONAL GUARANTEE SBA Loan # EXP 695-069-4004 SBA Loan Name Aircraft Management Services, Inc. Guarantor Michael J. Hartle A'lynn R. Hartle Borrower Aircraft Management Services, Inc. Lender Commerce Bank/Harrisburg, N.A. Date November 26, 2003 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 November 26, 2003 in the principal amount of Fifty thousand and --------------------------- -----00/100 Dollars, from Borrower to Lender. It includes any assumption, renewal, substitution, or replacement of the Note, and multiple notes under a 1 ine 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 (10/98) Previous editions obsolete. Page 1/5 Bankers Systems, Inc., St. Cloud, MN i 1 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- I ) 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, destroved, or underinsured; SBA Form 148 (10/98) Previous editions obsolete. Page 2/5 Bankers Systems, Inc., 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 EXPENSF.S. 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 WANED. 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 315 Bankers Systems, Inc., St. Cloud, MN r t 10, STATE-SPECIFIC PROVISIONS: Guarantor hereby irrevocably authorizes and empowers any attorney or the prothonotary or clerk of any court in the Commonwealth of Pennsylvania, or elsewhere, to appear at any time for Guarantor after a default hereunder, and with or without complaint filed, as of any term, confess or enter judgment against borrower for the entire principal balance due hereunder, all accrued interest, late charges, and any and all amounts expended or advanced by Lender relating to any collateral securing this note together with interest on such amounts, together with costs of suit, and an attorney's commission of ten percent (10%) of the unpaid principal balance and accrued Interest for collection, but In any event not less than five hundred dollars ($500) on which judgment or judgments one or more executions may Issue Immediately; and for so doing, this Guarantee or a copy hereof verified by affidavit shall be sufficient warrant. The authority granted in this note to confess judgment against Guarantor shall not be exhausted by any exercise of that authority, but shall continue from time to time and at all times until payment in full of all amounts due under this note. Guarantor hereby waives any right Guarantor may have to notice or to a hearing in connection with any such confession of judgment, except any notice and/or hearing required under applicable law with respect to execution of the judgment, and states that either a representative of Lender specifically called this confession of judgment provision to Guarantor's attention or Guarantor has been represented by independent legal counsel. The lien arising from any judgment confessed or entered pursuant to the foregoing authority shall not extend to any of Guarantor's residential real property as that term Is defined in the Pennsylvania Act of January 30, 1974 (PA Laws 13, No.6), referred to as the loan interest and protection law, as amended, and the holder of any judgment confessed or entered pursuant to the forgoing authority shall not, in enforcement of any such judgment, execute, levy or otherwise proceed against any such residential real property; provided, however, that the lien of such judgment shall extend to such residential real property and that the holder thereof shall be permitted to execute, levy, or proceed against such residential real property from and after the entry of a judgment as contemplated by Section 407 of such loan Interest and protection law and Rules 2981 to 2986 of the Pennsylvania Rules of Civil Procedure, or successor or similar statutes and rules. No limitation of lien or any execution, levy or other enforcement contained in the immediately preceding sentence shall apply with respect to any judgment obtained other than by the foregoing authority to confess or enter judgment. SBA Form 148 (10/98) Previous editions obsolete. Page 4/5 Bankers Systems, Inc., St. Cloud, MN 'r 11, 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. Michael J. Hartle and A'lynn R. Hartle, Guarantors November 26, 2003 November 26, 2003 SBA Form 148 (10/98) Previous editions obsolete. Page 5/5 Bankers Systems, Inc., St. Cloud, MN EXHIBIT 3 MORTGAGE (Participation) This mortgage made and entered into this 26th day of November 2003 by and between Michael J. Hartle and Alynn R. Hartle husband and wife (hereinafter referred to as mortgagor) and Commerce Bank(Hanisburg, N.A. (hereinafter referred to as mortgagee), who maintains an office and place of business at 100 Senate Avenue Camp Hill, PA 17011 WITNESSETH, that for the consideration hereinafter stated, receipt of which is hereby acknowledged, the mortgagor does hereby mortgage, sell, grant, assign, and convey unto the mortgagee, his successors and assigns, all of the following described property situated and being in the County of Cumberland State of Pennsylvania 295 Tanger Road, Boiling Springs, PA, more particularly described in the attached Exhibit "A" ti ,..._ `? 7 C> 3 n F'n fn rn -c ra ;a? t--' CO Together with and including all buildings, all fixtures including but not limited to all plumbing, heating, lighting, ventilating, refrigerating, incinerating, air conditioning apparatus, and elevators (the mortgagor hereby declaring that it is intended that the Items herein enumerated shall be deemed to have been permanently Installed as part of the realty), and all improvements now or hereafter existing thereon; the hereditaments and appurtenances and all other rights thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, all rights of redemption, and the rents, issues, and profits of the above described property (provided, however, that the mortgagor shall be entitled to the possession of said property and to collect and retain the rents, issues, and profits until default hereunder). To have and to hold the same unto the mortgagee and the successors in interest of the mortgagee forever In fee simple or such other estate, If any, as Is stated herein. The mortgagor covenants that he is lawfully seized and possessed of and has the right to sell and convey said property; that the same is free from all encumbrances except as hereinabove recited; and that he hereby binds himself and his successors in interest to warrant and defend the title aforesaid thereto and every part thereof against the claims of all persons whomsoever. This instrument is given to secure the payment of a promissory note dated _ November 26, 2003 in the principal sum of $ 50.000 signed by Michael J. Hanle, President in behalf of Aircraft Management Services, Inc. SBA FORM 928 (11-85) USE 2-78 EDITION UNTIL EXHAUSTED Bankers Systems, Inc., St. Cloud, MN BKI858PG2686 Said promissory note was given to secure a loan In which the Small Business Administration, an agency of the United States of America, has participated. In compliance with section 101.1(d) of the Rules and Regulations of the Small Business Administration [13 C.F.R. 101.1(d)], this instrument is to be construed and enforced in accordance with applicable Federal law. 1. The mortgagor covenants and agrees as follows: a. He will promptly pay the Indebtedness evidenced by said promissory note at the times and in the manner therein provided. b. He will pay all taxes, assessments, water rates, and other governmental or municipal charges, fines, or impositions, for which provision has not been made hereinbefors, and will promptly deliver the official receipts therefor to the said mortgagee. c. He will pay such expenses and fees as may be incurred in the protection and maintenance of said property, including the fees of any attorney employed by the mortgagee for the collection of any or all of the Indebtedness hereby secured, or foreclosure by mortgagee's sale, or court proceedings, or in any other iltigation or proceeding affecting said property. Attorneys' fees reasonably incurred in any other way shall be paid by the mortgagor. d. For better security of the Indebtedness hereby secured, upon the request of the mortgagee, its successors or assigns, he shall execute and deliver a supplemental mortgage or mortgages covering any additions, Improvements, or betterments made to the property hereinabove described and all property acquired by It after the date hereof(all in form satisfactory to mortgagee). Furthermore, should mortgagor fail to cure any default in the payment of a prior or Inferior encumbrance on the property described by this instrument, mortgagor hereby agrees,to permit mortgagee to cure such default, but mortgagee Is not obligated to do so; and such advances shall become part of the Indebtedness secured by this Instrument, subject to the same terms and conditions. e. The rights created by this conveyance shall remain in full force and effect during any postponement or extension of the time of the payment of the indebtedness evidenced by said promissory note or any part thereof secured hereby. f. He will continuously maintain hazard Insurance, of such type or types and in such amounts as the mortgagee may from time to time require on the improvements now or hereafter on said property, and will pay promptly when due any premiums thereof. All insurance shall be carried in companies acceptable to mortgagee and the policies and renewals thereof shall be held by mortgagee and have attached thereto loss payable clauses in favor of and in form acceptable to the mortgagee. In event of loss, mortgagor will give immediate notice In writing to mortgagee, and mortgagee may make proof of loss if not made promptly by mortgagor, and each insurance company concerned is hereby authorized and directed to make payment for such loss directly to mortgagee instead of to mortgagor and mortgagee jointly, and the insurance proceeds, or any part thereof, may be applied by mortgagee at its option either to the reduction of the Indebtedness hereby secured or to the restoration or repair of the property damaged or destroyed. In event of foreclosure of this mortgage, or other transfer of title to said property in extinguishment of the indebtedness secured hereby, all right, title, and interest of the mortgagor in and to any insurance policies then in force shall pass to the purchaser or mortgagee or, at the option of the mortgagee, may be surrendered for a refund. g. He will keep all buildings and other improvements on said property In good repair and condition; will permit, commit, or suffer no waste, impairment, deterioration of said property or any part thereof; in the event of failure of the mortgagor to keep the buildings on said premises and those erected on said premises, or improvements thereon, In good repair, the mortgagee may make such repairs as in Its discretion it may deem necessary for the proper preservation thereof; and the full amount of each and every such payment shall be immediately due and payable; and shall be secured by the lien of this mortgage. h. He will not voluntarily create or permit to be created against the property subject to this mortgage any lien or liens Inferior or superior to the lien of this mortgage without the written consent of the mortgagee; and further, that he will keep and maintain the same free from the claim of all persons supplying labor or materials for construction of any and all buildings or Improvements now being erected or to be erected on said premises. I. He will not rent or assign any part of the rent of said mortgaged property or demolish, or remove, or substantially after any building without the written consent of the mortgagee, J. All awards of damages in connection with any condemnation for public use of or injury to any of the property subject to this mortgage are hereby assigned and shall be paid to mortgagee, who may apply the some to payment of the installments last due under said note, and mortgagee is hereby authorized, In the name of the mortgagor, to execute and deliver valid acquittances thereof and to appeal from any such award. k. The mortgagee shall have the right to inspect the mortgaged premises at any reasonable time. 2. Default in any of the covenants or conditions of this Instrument or of the note or loan agreement secured hereby shall terminate the mortgagor's right to possession, use, and enjoyment of the property, at the option of the mortgagee or his assigns (it being agreed that the mortgagor shall have such right until default). Upon any such default, the mortgagee shall become the owner of all of the rents and profits accruing after default as security for the Indebtedness secured hereby, with the right to enter upon said property for the purpose of collecting such rents and profits. This Instrument shall operate as an assignment of any rentals on said property to that extent. SBA FORM 828 (11-85) Bankers Systems, Inc., St. Cloud, MN BK18581PG '288 3. The mortgagor covenants and agrees that if he shall fail to pay said indebtedness or any part thereof when due, or shall fall to parform any covenant or agreement of this instrument or the promissory note secured hereby, the entire indebtedness hereby secured shall immediately become due, payable, and collectible without notice, at the option of the mortgagee or assigns, regardless of maturity, and the mortgagee or his assigns may before or after entry sell said property without appraisement (the mortgagor having waived and assigned to the mortgagee all rights of appraisement): (1) at judicial sale pursuant to the provisions of 28 U.S.C. 2001 (a); or (11) at the option of the mortgagee, either by auction or by solicitation of sealed bids, for the highest and best bid complying with the terms of sale and manner of payment specified in the published notice of sale, first giving four weeks' notice of the time, terms, and place of such sale, by advertisement not less than once during each of said four weeks in a newspaper published or distributed in the county in which said property is situated, all other notice being hereby waived by the mortgagor (and said mortgagee, or any person on behalf of said mortgagee, may bid with the unpaid indebtedness evidenced by said note). Said sale shall be held at or on the property to be sold or at the Federal, county, or city courthouse for the county in which the property is located. The mortgagee is hereby authorized to execute for and on behalf of the mortgagor and to deliver to the purchaser at such sale a sufficient conveyance of said property, which conveyance shall contain recitals as to the happening of the default upon which the execution of the power of sale herein granted depends; and the said mortgagor hereby constitutes and appoints the mortgagee or any agent or attorney of the mortgagee, the agent and attorney in fact of said mortgagor to make such recitals and to execute said conveyance and hereby covenants and agrees that the recitals so made shall be effectual to bar all equity or right of redemption, homestead, dower, and all other exemptions of the mortgagor, all of which are hereby expressly waived and conveyed to the mortgagee; or (III) take any other appropriate action pursuant to state or Federal statute either in state or Federal court or otherwise for the disposition of the property. In the event of a sale as hereinbefore provided, the mortgagor or any persons in possession under the mortgagor shall then become and be tenants holding over and shall forthwith deliver possession to the purchaser at such sale or be summarily dispossessed, in accordance with the provisions of law applicable to tenants holding over. The power and agency hereby granted are coupled with an interest and are irrevocable by death or otherwise, and are granted as cumulative to the remedies for collection of said Indebtedness provided by law. 4. The proceeds of any sale of said property in accordance with the preceding paragraphs shall be applied first to pay the costs and expenses of said sale, the expenses incurred by the mortgagee for the purpose of protecting or maintaining said property, and reasonable attorneys' fees; secondly, to pay the indebtedness secured hereby; and thirdly, to pay any surplus or excess to the person or persons legally entitled thereto. 5. In the event said property is sold at a judicial foreclosure sale or pursuant to the power of sale hereinabove granted, and the proceeds are not sufficient to pay the total Indebtedness secured by this instrument and evidenced by said promissory note, the mortgagee will be entitled to a deficiency judgment for the amount of the deficiency without regard to appraisement. 6. In the event the mortgagor fails to pay any Federal, state, or local tax assessment, income tax or other tax lien, charge, fee, or other expense charged against the property the mortgagee is hereby authorized at his option to pay the same. Any sums so paid by the mortgagee shall be added to and become a part of the principal amount of the Indebtedness evidenced by said note, subject to the same terms and conditions. If the mortgagor shall pay and discharge the indebtedness evidenced by said promissory note, and shall pay such sums and shall discharge all taxes and liens and the costs, fees, and expenses of making, enforcing, and executing this mortgage, then this mortgage shall be canceled and surrendered. 7. The covenants herein contained shall bind and the benefits and advantages shall inure to the respective successors and assigns of the parties hereto. Whenever used, the singular number shall include the plural, the plural the singular, and the use of any gender shall include all genders. 8. No waiver of any covenant herein or of the obligation secured hereby shall at any time thereafter be held to be a waiver of the terms hereof or of the note secured hereby. 9. A judicial decree, order, or judgment holding any provision or portion of this instrument invalid or unenforceable shall not in any way impair or preclude the enforcement of the remaining provisions or portions of this instrument. 10. Any written notice to be issued to the mortgagor pursuant to the provisions of this instrument shall be addressed to the mortgagor at 295 Tanger Road, Boiling Springs, PA 17007 and any written notice to be issued to the mortgagee shall be addressed to the mortgagee at 100 Senate Avenue Camp Hill, PA 17011 SBA FORM 928 (11-85) Bankers Systems, Inc., St. Cloud, MN ?1K1858PG21088 IN WITNESS WHEREOF, the mortgagor has executed this Instrument and the mortgagee has accepted delivery of this i?rstrwnent as of the day and year aforesaid. Executed and tddlri tA of the following witnesses: The loan secured by this lien was made under a United States Small Business Administration (SBA) nationwide program which uses tax dollars to assist small business owners. If the United States is seeking to enforce this document, then under SBA regulations: a) When SBA is the holder of the Note, this document and all documents evidencing or securing this Loan will be construed in accordance with federal law. b) Lender or SBA may use local or state procedures for purposes such as filing papers, recording documents, giving notice, foreclosing liens, and other purposes. By using these procedures, SBA does not waive any federal immunity from local or state control, penalty, tax or liability. No Borrower or Guarantor may claim or assert against SBA any local or state law to deny any obligation of Borrower, or defeat any claim of SBA with respect to this Loan. Any clause in this document requiring arbitration Is not enforceable when SBA is the holder of The Note secured by this instrument. (Add Appropriate Acknowledgment) INDIVIDUAL ACKNOWLEDGEMENT STATE OF Penn lvania COUNTY OF.4 Al k Lin •?41 On this, the day of f? 2003, before me, / R 1' a undersigned Notary Public, personally appeared Michael J. Hartle and Alynn R. Hartle, husband and wife, known to me (or satisfactorily proven) to be the person(s) whose name(s) are subscribed to the within instrument, and acknowledged that they executed the same for the proposes therein contained. In witness whereof, I hereunto set my hand and official seal. Notary Public in the State of ,.;s fLlytyl IA , s 4?t ?. rte. t ....... ?t f ?` 51;Y•i Y SBA FORM 928 ('14 ,y Notarial Seal Susan G. Brown, Notary Public East Pennsboro Twp., Cumberland County My Commission Expires Nov. 12, 2006 Member, Pennsylvania Association Of Notaries BX ! 858PG9 C-889 Bankers Systems, Inc., St. Cloud, MN EXHIBIT A ALL char ur ato tractotr pxrcd of WW ad prwdw,$VualaA'ag and WAKn theTowncbip e(Sovth MkWidoa to the Couely of Cwbedond and Coan.oso)3w#2tta ofrennrgivania, MY* part cv" destrr'bed vs falls; B,BGLVMG at s point in the cetdaSm of TowwWp PAute T-99 (Toro er Voad) at ft ding limit betneeen Lau Nns. 22 and 23 on %e hw4bsltw 4wadoned SWUNT oet Pbw; thisim &Wag said dMdeg >te; Saute 13 deWreaa 26 to ouks 34 seconds East, 253.79 Am to it robot, t mxm abaefi dw dividing tore bidwesa Lott Nat. I and 23 an said Pisn, Soulb 77 dew 33 mbuft 26 a 4mb west 174.93 feat. to a pub* hence aWgg fia disi&44 biro batwem Lot Nas. 23 acd 24 we =0 Plum, Nadh l.x degrcca 26 a tnus 34 scwads Want 203.10 Rant to a point in ft =W fine of said Unu ip 2toetk T-919; thence Aug said tewalit c, Nwth 77 degrees 33 a WUW 26 smonik Beat 174.83 feet to a poW, the Place of IgEG?NG. . COl' rAIMNG 44,37Q.9Z99 square feet exduclve or dedicaf d rlgbt-df-way. MKG Airtber described Lo Lot No. 23 oa Ik Sobel Vidav pl= No. 7 for jOqVb IYItFaer, Pre"Nd by St Phdt' G. FWW, IL S., dated Augud 4, 1997, wd recorded in Clumb Comsty, Km Book 54, page 64. SING tlse same plregtge91r" Lun J. Detwiler ana Xuu, S. Dehv2er, by dicif dated full ZS. 0", and xuorded an Jay ZS, 1994 in the Office of (be RWAdw of Deeds of CumbedAnd Couteaty, J ftMyt?Aab, k Deed Book 189, I%ge 9, grontbd sad cmve5td u go berry D. Owens. Jr. coed 24vwfy J. Omens, oma%s berd.. cif \ , i ' , Lu be recorded ut-j , ?1 and County PA 1""x0rder of Deeds EXHIBIT 4 t Parcel Identification Number: 40-12-0344-088 RECORDATION REQUESTED BY: COMMERCE BANK/HARRISBURG N.A. COMMERCIAL BUSINESS DEPARTMENT 3801 PAXTON STREET HARRISBURG, PA 17111 WHEN RECORDED MAIL TO: COMMERCE BANKIHARRISBURG N.A. COMMERCIAL BUSINESS DEPARTMENT 3801 PAXTON STREET HARRISBURG, PA 17111 r.dtlii f1,"r0 /1009 1 r „ d? V V SEND TAX NOTICES TO: COMMERCE BANK/HARRISBURG N.A. COMMERCIAL BUSINESS DEPARTMENT 3801 PAXTON STREET HARRISBURG PA 17111 FOR RECORDER'S USE ONLY MODIFICATION OF MORTGAGE THIS MODIFICATION OF MORTGAGE dated November 17, 2006, is made and executed between Michael J. Hartle and Alynn R. Hartle, whose address is 295 Tanger Road, Boiling Springs, PA 17007 (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"). MORTGAGE. Lender and Grantor have entered into a Mortgage dated November 26, 2003 (the "Mortgage"I which has been recorded in Cumberland County, Commonwealth of Pennsylvania, as follows: Recorder of Deeds Cumberland County Book #1858 Page #2886. REAL PROPERTY DESCRIPTION. The Mortgage covers the following described real property located in Cumberland County, Commonwealth of Pennsylvania: See Exhibit "A", which is attached to this Modification and made a part of this Modification as if fully set forth herein. The Real Property or its address is commonly known as 295 Tanger Road, Boiling Springs, PA 17007. The Real Property parcel identification number is 40-12-0344-088. MODIFICATION. Lender and Grantor hereby modify the Mortgage as follows: Principal increase from $50,000.00 to $150,000.00. CONTINUING VALIDITY. Except as expressly modified above, the terms of the original Mortgage shall remain unchanged and in full force and effect and are legally valid, binding, and enforceable in accordance with their respective terms. Consent by Lender to this Modification does not waive Lender's right to require strict performance of the Mortgage as changed above nor obligate Lender to make any future modifications. Nothing in this Modification shall constitute a satisfaction of the promissory note or other credit agreement secured by the Mortgage (the "Note"). It is the intention of Lender to retain as liable all parties to the Mortgage and all parties, makers and endorsers to the Note, including accommodation parties, unless a party is expressly released by Lender in writing. Any maker or endorser, including accommodation makers, shall not be released by virtue of this Modification. If any person who signed the original Mortgage does not sign this Modification, then all persons signing below acknowledge that this Modification is given conditionally, based on the representation to Lender that the non-signing person consents to the changes and provisions of this Modification or otherwise will not be released by it. This waiver applies not only to any initial extension or modification, but also to all such subsequent actions. 6X 0 -732 Ftb4750 MODIFICATION OF MORTGAGE Loan No: 6950694004 (Continued) Page 2 GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MODIFICATION OF MORTGAGE AND GRANTOR AGREES TO ITS TERMS. THIS MODIFICATION OF MORTGAGE IS DATED NOVEMBER 17, 2006. THIS MODIFICATION IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS MODIFICATION IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. GRANTOR: X .: 1Seal1 el X..? %''. .... (Seal) dAfyng?CHartle LENDER: COMMERCE BANKIHARRISBURG N.A. X 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, HARRISBURG, PA 17111 ?Attorn .7 or Agent for Mortgagee INDIVIDUAL ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA ) SS COUNTY OFp ) .On this, th day of 20 Q110_, before me L , the undersigned Notary Public, personally appeared Michael J. Hartle and Alynn Hartle, known to me (or sati factorily 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 seal. EALTH OF PENNSYLVANIA Notarial Seal Notary Public in and for the State of Allot M. Sebring, Notary Public GUlquehanna Twp., Dauphin County mission Expires Dec. 9, 2009 @t, onnsyivania Association of Notaries BK0 7 3 ' PG 14 7 5 1 MODIFICATION OF MORTGAGE Loan No: 6950694004 (Continued) Page 3 LENDER ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA (?Y ) SS COUNTY OF t t_nMk w On this, the day of 20 (? before niq ,3n*). the undersigned Notary Public, personally appeared 5, -C. LA bdr%A who acknowledged himself or herself to be) he _ of a lender, and that he or she as such being authorized to do so, executed the foregoi instrument e purposes therein Tey signing he name of the lender by himself or herself as <rl , (L,\A tuA In witness whereof, I hereunto set my hand and official seal. 00 ?VI`?WF`A?,111 Vi' r"?.1 ilt:l•4Y NI<lr UNnA A. TAAYLOR ? .. ?YLM. Notary ublic in and for the to of NIAV? ?W* East POWWAM Twp.S COt* i T OU ' uiy r,ftn?nr?ior? Eames LASER PRO lm16,0. VH S.79.00.005 C-, HwIw,d Tin gj 9PWIlen.. Ine. 1997. 7005. AS MOO A-d. PA 11IWINAPPS'.LPWIMCTIILPLIG2U1.TC TR-71502 PR 19 COOHIWE LTH F NNSYLVANIA N10 LINDA A. TAAYLOYLO . R. NOiiuY PubIb East Penn= T*, cobsiV4 Wq 1 My Co?rNnlrsW Expires SW.. 1, BKO 734pG 4 752 ?i EXHIBIT A A'LL Ghat eet• ku tract or PAM[ of lznd stud prcmiw,situitte, lying a m 4 being in the Township of South MWdietaff iu the County of C=bertahd and CWW"Weattb OfPcnnsylvan9s, roorc F2r'ocalartY desen-bed w follows: BEGLYNING at, a point in the cestertioc of Township Route T-M9 t7'atnger Road) at the dividing line be&s mn L *U NOs. 21 and 33 on I%e h"hafter meatfoned SvbdkWan Ptaa, thenm along said dividing Une, Swath 12 degreez 26 avnutes 34 seocnrLz least, 253.79 [bet to a Sri dunce alyoo$ the divl&"g life betwOn Lois K04, I :und 23 au said Mn, Soulb 77 deVeft 33 redautks 26 zw4llds west 174.3 feet to a point; thence along the di"ag Use between Lot Nays„ 23 *ad 24 an said Platt, North 13 depvm 26 minutes 34 smonds Wmc 253_19 Net to A poirft in the mWeri;ae of said Tounshlp Rovic T-529; thence aliens said cemcrliue, North 77 degrees 33 mulnWac 26 gem & Ead 174.83 feet to a pound, the Ple" of lrGT VMNG. CONTAltYIMG 44AIG- X299 square Feri oWudve of dedicated rltbt-of-wmy. EMMG'timber descobed as Lot N0. 23 Ott ilk Sulxlivisiaa Plata No. Z for Jwepb iyiwor, prepared by Skphcn G. Risher, R. S,, daud August 4, 1987, 2nd recorded in Cumberland c4tmty, Ptah Bonk 54, Page 6q. BTING the xame Pftolm whkh Loth J. Detwiler MW Karen S. Detw9er, by decd dated July 25, 1994, and recorded an Irdy Z5, 1994 In the MUM of the Rrxomler of Deeds of Comb Wd Cnamty, p="Ylvani9, is Deed Rook 109, page 9, Vmntbd wad conveye unto Mary D. Owens, Jr: mid Betierly J. opens, Grantm herein. f? this to be recorded 1 Cut, (I Cumberland County PA 4', R c. en-Vdier of Deeds BK©732-rG4753 EXHIBIT 5 NOTE MODIFICATION AGREEMENT THIS NOTE MODIFICATION AGREEMENT, made and entered into as of this 4th day of February 1, 2011, by and between Metro Bank (hereinafter called "Lender"), having its principal place of business at 3801 Paxton Street, Harrisburg Pennsylvania 17111, and Aircraft Management Services, Inc. (hereinafter called "Borrower"). WITNESSETH: WHEREAS, Borrower executed and delivered to Lender a Note (the "Note"), as amended, dated November 26, 2003, in the original amount of $50,000.00, which evidences a loan (#6950694004) 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, 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. The maturity date for the above-referenced loan shall be extended from November 26, 2010 to Mph 1 2011. This Note Modification Agreement is deemed to have been effective as of November 26, 2010. 2. A Loan Call Option is added as set forth below. This is a revolving line of credit. Borrower will pay this loan in one payment of all outstanding principal plus accrued unpaid interest on the Maturity Date of November 26, 2010 which is seven (7) years from the date of the Note unless extended in writing by Lender in its sole and absolute discretion. In addition, Borrower will pay regular monthly payments of accrued unpaid interest beginning December 1, 2010, with all subsequent interest payments to be due on the same day of each month after that. If at any time during the term of the Line of Credit loan, Lender terminates the revolving portion of this Line of Credit and terms out the outstanding principal balance over the remaining term of the loan (the "Term Loan"), Borrower will then repay the loan in equal monthly installments of principal and interest (the "Payment Amount") calculated on the outstanding principal balance of the loan. Lender may adjust the Payment Amount at least annually as needed to amortize the principal over the remaining term of the Note. The first installment payment shall be due on the 1st day of the month following the term out the outstanding principal balance of the loan and all subsequent payments will be due on the same day of each month after that. Borrower's final payment will be due on the Maturity Date and will be for all principal, accrued interest, and all other applicable fees and expenses, if any, not yet paid 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. Reference to Lender: This Note Modification Agreement is being made by Metro Bank formerly known as Commerce Bank/Harrisburg, N.A. Loan Call Option: The Lender shall have the option to declare the entire outstanding principal balance, together with all outstanding interest, due and payable in full on each one (1) year anniversary following the closing of the Loan NOTE MODIFICATION AGREEMENT (cont'd) ,inafter referred to as "Loan Call Date"). Written notice of the exercise of such option shall be provided to the re ,rrower within a one hundred eighty (180) day period beginning ninety days prior to each Loan ninety (90) days from the datel D notification ,?tstandirlg principal and accrued interest shall be due and payable in if said option being exercised. Confession of Jud ent: BORROWER AGREES THAT THE CONFESSION T AND LENDERS RIGHTS THEREUNDER CONTINUE WITH DATED NOVEMBER 26, 2003, REMAINS IN FULL FORCE AND D EFFECT RIGHTS- ON OF JUDGMENT THE SIGNING OF THIS NOTE MODIFICATION AGREEMENT. THE EXPLA I TO BE REAFFOIRMEDIWITH THE S GN NG DATED NOVEMBER 26, 2003 REMAINS IN FULL FORCE AND EFFECT AND S DEEMED OF THIS NOTE MODIFICATION AGREEMENT. BOTH THE NOTE AND THE EXPLANATION OF RIGHTS-CONFESSION OF JUDGMENT ARE ATTACHED HERETO AS EXHIBIT A. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. Metro Bank BY: Jo than Bo er, Commercial Loan Officer Borrower: AIRCRAFT MANAGEMENT SERVICES, INC. Witness: BY: ement sident oft Manag *i1nc- EXHIBIT A U8 Smdt Bmiram i tnLRrntfan U.S. Small Business Administration NOTE 1. PROMISE TO PAY: in return for the Loan, Borrower promises to pay to the order of Lender the amount of Fifty thousand and --------------- ----- _......... 00/100 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 (05/03(02) Version 4.1 Page 1/6 Bankers Systems, Inc., St. Cloud, MN PAYMENT TERMS: Borrower must make ail payments at the place Lender designates. The payment terms for this Note are: a).Maturity: This Note will mature five (5) years from date of Note. b).Repayment Terms: This loan is a revolving line of credit. Borrower may make advances on the line of credit up to the maximum thereof from time to time. Each advance shall be in an amount not less than $500.00 and Is subject to Borrower's credit limit. Lender reserves the right to decline advances based on changes in Borrower's financial condition. j Borrower may not make any advances after an event of default. Borrower will pay this loan on demand, or if no demand is made, in one payment of all outstanding principal plus all accrued unpaid interest on November 26, 2008. The Note will mature in five (5) years from date of Note. In addition, Borrower will pay regularly monthly payments of accrued unpaid interest based upon the principal balance outstanding from time to time beginning the first day of the second month from the date of the Note. All subsequent monthly Interest payments are due on the first day of each month thereafter. The interest rate on this Note will fluctuate. The initial rate of interest will be 6.00%a. This initial interest rate is the prime rate on the date the SBA received the loan application, plus 2.00%. This note shall have an interest rate floor of 6.00% and an interest rate ceiling of 13.00%. Lender will apply each installment payment first to pay interest accrued to the day Lender receives the payment, then to pay any late fees, and will apply any remaining balance to reduce principle. Borrower agrees that if a default occurs on this Note or any other outstanding SBA or SBA guaranteed loan, Lender has the option to make this Note and such other loans immediately due and payable. The adjusted interest rate will be 2.00% above the Prime rate. Lender may adjust the interest rate for the first time on the first day of the calendar quarter following the date of Note and on the first day of each calendar quarter thereafter. The change in interest rate is effective on that day whether or not Lender gives Borrower notice of the change. The "Prime Rate" is the prime rate published in the Wall Street Journal, in effect on the first business day of the month in which a change occurs. 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. Late Charge: If a payment on this Note is more than tem (10) days late, Lender may charge Borrower a late fee of up to 5% of the unpaid portion of the regularly scheduled payment. Lender computes interest on a 301360 day basis. SBA Form 147 (08103/02) Version 4.1 Page 218 Bankers Systems, Inc., 5t. Cloud, MN ?l 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 IS 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 We, with or without advertisement. 6. L.iiNDER'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 Pape 316 Bankers Systems, Inc., St. Claud, MN 7. WHEN FMERAL 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 paper, 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 successor 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 01 suretyship defenses. C. Borrower mast 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. 0. 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 (oe103102) Version 4,1 Page" Bankers Systems, Inc,,, St. Cloud, MN 10. .,.,n.r?rr• as rllilCrrlrJC• Borrower hereby irrevocably authorizes and empowers any attorney or the attorney or the prothonotary or clerk of any court in the CommonweaKh of Pennsylvania, or elsewhere, to appear at any time for Borrower after a default under this Note, and with or without complaint filed, as of any term, confess or enter judgment against borrower for the entire principal balance of this Note, all accrued interest, late charges, and any and all amounts expended or advanced by Lender relating to any collateral securing this Note together with Interest on such amounts, together with costs of suit, and an attorney's commission of ten percent (10%) of the unpaid principal balance and accrued interest for collection, but in any event not less than five hundred dollars (6500) on which judgement or judgements one or more executions may issue immediately; and for so doing, this Note or a copy of this Note verified by affidavit shall be sufficient warrant. The authority granted in this Note to confess judgement against Borrower shall not be exhausted by any exercise of that authority, but shall continue from time to time and at all times until payment In full of all amounts due under this Note. Borrower hereby waives any right Borrower may have to notice or to a hearing in connection with any such confession of judgment, except any notice and/or hearing required under applicable law with respect to execution of the judgment, and states that either a representative of Lender specifically called this confession of judgment provision to Borrower's attention or Borrower has been represented by Independent legal counsel. The lien arising from any judgment confessed or entered pursuant to the foregoing authority shall not extend to any of Borrower's residential real property as that term is defined in the Pennsylvania Act of January 30, 1974 (PA Laws 13, No. 6), referred to as the loan interest and protection law, as amended, and the holder of any judgment confessed or entered pursuant to the foregoing authority shall not, In enforcement of any such judgment execute, levy or otherwise proceed against any such residential real property; provided, however, that the lien of such judgment shall extend to such residential real property and that the holder thereof shall be permitted to execute, levy, or proceed against such residential real property from and after the entry of a judgment as contemplated by Section 407 of such loan Interest and protection law and Rules 2981 to 2986 of the Pennsylvania Rules of Civil Procedure, or successor or similar statutes and rules. No limitation of lien or any execution, levy or other enforcement contained in the immediately preceding sentence shall apply with respect to any judgment obtained other than by the foregoing authority to confess or enter judgment. SBA Form 147 (06103102) Version 4.1 Page 516 Bankers Systems, Inc., 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. Aircraft Management Services, Inc. •7. November 26, 2003 J. Hartle, President SBA Form 147 (46/03102) Version 4.1 Pape 5/6 Bankers Systems, Inc., St. Cloud, MN VERIFICATION I, _ •; -; 1`?? , an authorized representative of Metro Bank am duly authorized to make this Verification on behalf of Metro Bank, and do hereby verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I further understand that the statements therein made are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. 4ohn Robertson, Vice President SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny 'R Anderson Sheriff Jody S Smith Chief Deputy w FILED-OFFICE OF THE PROTHONOTARY 2011 DEC 22 PM 2= 28 Richard W Stewart Solicitor CUMBERLAND COUNTY PENNSYLVANIA Metro Bank vs. A'Lynn Hartle (et al.) Case Number 2011-8223 SHERIFF'S RETURN OF SERVICE 11/01/2011 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: United States of America, but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of Dauphin County, Pennsylvania to serve the within Complaint In Mortgage Foreclosure according to law. 11/02/2011 07:29 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on November 2, 2011 at 1929 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Michael J. Hartle, by making known unto A'Lynn Hartle, Wife of Defendant at 295 Tanger Road, Boiling Springs, Cumberland County, Pennsylvania 17007 its contents and at the same time handing to her personally the said true and correct copy of the same. Tom' SHAWN HARRISON, DEPUTY 11/02/2011 07:29 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on November 2, 2011 at 1929 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: A'Lynn Hartle, by making known unto herself personally, at 295 Tanger Road, Boiling Springs, Cumberland County, Pennsylvania 17007 its contents and at the same time handing to her personally the said true and correct copy of the same. %J, (Y? 6 Ck uk L LZ SHA HARRISON, DEPUTY 11/03/2011 02:19 PM - Dauphin County Return: And now November 3, 2011 at 1419 hours I, Jack Lotwick, Sheriff of Dauphin County, Pennsylvania, do hereby certify and return that I served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: The United States of America by making known unto Susan Melendez, Administrative Assistant for The United States of America at 228 Walnut Street, Suite 220, Federal Building, Harrisburg, Pennsylvania 17108 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $75.00 December 21, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF (C.. CAtlll'ySute Shent7 Iel eosofl. In-, D-C. 21. 2019:1DOM4 WEBER GALLAGHER SIMPSON NO. 829,09 P. 23 william T. Tully setraitot Jack Duignan C(uefD'P njf Michael W. Rinehaa Asant CNetDeputy •101 W?t Street ?a?sr7labWip F6aW1# W% 17101-079 9 „ Jack Lolmdck Commonwealth of Pennsylvania VS County of Dauphin UNITED STATES OF AMMCA Sheriffs Return Nt. 2011-T-3846 OTHER?COUNTY NO.20118223 And now, NOVBMJl ER 3, 2011, at 2;19; 00 Pl? served the within COMPLAINT IN MORTGAGE FORECLOSURE upon UNUED STATES QF A?MCA by personally handing to SUSAN MELENDEZ 1 true attested copj.otib oriiiial COMPLAINT IN MORTGAGE FORECLOSURE and making Imown to h1m/h6'the oia;crts thcreot at 228 WALNUT STREET SUITE 220 RAMSB;CURG ?A 17108,' , ADMIK ASSISTANT ; Sworn and subscribed,46 befoie mc'thits 21ST day •(") X.?icee ber, 2011 M comm(,sion Rolm Ao . t So An wrus, SkNlt? A sr *` COMMONWEALTH OF PEn.2014... •KatenM.{3olGaet+.N?N'ypi :•;',,•, City arFanuistwL Dowhin'Ci 9 Sheriff of Dauphi n County, Pa. I By i , Deputy Sheriff Deputy: NIYCRAEL E KX.INGER 'Sheriffs Costs; $4125 11/3/2011 t WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY, LLP By: Peter E. Meltzer Identification No.: 39828 By: James H. Curry III Identification No.: 306954 Fulton Bark Building 200 Norlh Third Street, Suite 9A Harrisburg, PA 17101 (717) 2-17-6940 METRO BANK f/k/a COMMERCE BANK/ HARRISBURG, N.A. 3801 Paxton Street Harrisburg, PA 17111 Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 11-8223-Civil v. MICHAEL J. HARTLE 295 Tanger Road Boiling Springs, PA 17007 A'LYNN R. HARTLE 295 Tanger Road Boiling Springs, PA 17007 UNITED STATES OF AMERICA Harrisburg; Federal Building and Courthouse 228 Walnut Street, Suite 220 P.O. Box 1.1754 Harrisburg, PA 17108 ? -? f•J -73 ?- Praecipe for Judgment To the Prothonotary: Enter in rem judgment in the sum of $177,277.96 in favor of the Plaintiff, Metro Bank f/k/a Commerce Bank, and against Defendants, Michael J. Hartle, A'Lynn R. Hartle, and the United States of America because of Defendants' failure to file an answer within twenty (20) days of service of the Complaint, and assess damages as follows: Amount claimed in Complaint: $174,044.54 Per diem interest from 09/07/11 to 01/19/12 at the rate of $24.13 per day $3,233.42 Per diem interest from and after 01/20/12 $ at the rate of $24.13 per day 4 1(0.50 PD ATTy G# a3(a5 REAL DEBT $177,277.96 ASSESSMENT OF DAMAGES AND NOW, this A5rd day of Qan, , 2012, damages are assessed as above. o P"rothorfolft WEBER GALLAGHER SIMPSON STAPLE'TON FIRES & NEWBY, LLP By: Peter E. Meltzer Identification No.: 39828 By: James H. Curry III Identification No.: 306954 Fulton Bank Building 200 North Third Street, Suite 9A Harrisburg, PA 17101 (717) 237-6940 METRO 13ANK flk/a COMMERCE BANK/ HARRISBURG, N.A. 3801 Paxton Street Harrisburg, PA 17111 V. MICHAEL J. HARTLE 295 Tanger Road Boiling Springs, PA 17007 A' LYNN R. HARTLE 295 Tanger Road Boiling Springs, PA 17007 UNITED STATES OF AMERICA Harrisburg Federal Building and Courthouse 228 Walnut Street, Suite 220 P.O. Box 11754 Harrisburg, PA 17108 Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 11-8223-Civil CERTIFICATION OF AS TO COMPLIANCE WITH PA. R. CIV. P. 237.1 I hereby certify that I am the attorney for the plaintiff in this action and further certify that on December 19, 2011, I caused the 10-day notice required by Pa. R. Civ. P. 237.1 to be sent to Defendants, Michael J. Hartle and A'Lynn R. Hartle. Subsequently, on January 3, 2012, I caused the 10-day notice required by Pa. R. Civ. P. 237.1 to be sent to Defendant, United States of America. These notices were sent after said Defendants' failure to plead to the Complaint and I hereby further certify that said Defendants failed to answer the Complaint. A copy of the 10-day Notices are attached hereto as Exhibit "A". DATED: January-19,2012 Attorney for Plaintiff 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 (800) 990-9108 WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY, LLP Dated; December 19, 2011 This is an attempt by a debt collector to collect a debt. Any information obtained will be used for that purpose 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 (800) 990-9108 WEBER GALLAGBER SIMPSON STAPLETON FIRES & NEWBY, LLP Dated: December 19. 2011 This is an attempt by a debt collector to collect a debt. Any information obtained will be used for that purpose WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY, LLP By: Peter E. Meltzer Identification No.: 39828 By: James H. Curry III Identification No.: 306954 Fulton Bank Building 200 North. Third Street, Suite 9A Harrisburg, 13A 17101 (717) 237-6940 Attorneys for Plaintiff METRO BANK f/k/a COMMERCE BANK/ HARRISBURG, N.A., Plaintiff V. MICHAEL J. HARTLE 295 Tanger Road Boiling Springs, PA 17007 A' LYNN R. HARTLE 295 Tanger Road Boiling Springs, PA 17007 UNITED STATES OF AMERICA Harrisburg Federal Building and Courthouse 228 Walnut Street, Suite 220 P.O. Box 11754 Harrisburg, PA 17108 To: UNITED STATES OF AMERICA COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 11-8223 - CIVIL 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 (10) 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 (800) 990-9108 Dated: Janua:rv 3, 2012 By: WEBER GALLAGBER SIMPSON STAPLFnTON FIRES & NEWBY, LLP PETER E. MELTZER, Attorneys for Plaintiff This is an attempt by a debt collector to collect a debt. Any information obtained will be used for that purpose WEBER 43ALLAGHER SIMPSON STAPLETON FIRES & NEWBY, LLP By: Peter E. Meltzer Identification No.: 39828 By: James H. Curry III Identification No.: 306954 Fulton Bank Building 200 North Third Street, Suite 9A Harrisburg, PA 17101 (717) 237-6940 METRO BANK f/k/a COMMERCE BANK/ HARRISBURG, N.A. 3801 Paxton Street Harrisburg, PA 17111 V. MICHAEL J. HARTLE 295 Tanger Road Boiling Springs, PA 17007 A'LYNN R. HARTLE 295 Tanger Road Boiling Springs, PA 17007 UNITED 15TATES OF AMERICA Harrisburg; Federal Building and Courthouse 228 Walnut Street, Suite 220 P.O. Box 11754 Harrisburg, PA 17108 ? `. -.? CERTIFICATE OF ADDRESS AND NON-MILITARY SERVICE 17007. The undersigned hereby certifies that, upon information and belief: Defendant, Michael J. Hartle, has an address at 295 Tanger Road, Boiling Springs, PA, Defendant, A'Lynn R. Hartle, has an address at 295 Tanger Road, Boiling Springs, PA, 17007. Defendant, United States of America, has an address at Harrisburg Federal Building and Courthouse, 228 Walnut Street, Suite 220, P.O. Box 11754, Harrisburg, PA 17108. Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 11-8223-Civil Deponent further avers that, upon information and belief, the above Defendants are not within the protection of the Soldiers' and Sailors' Civil Relief Act of 1940, together with amendments thereto. WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY, LLP By: Peter E. Meltzer Identification No.: 39828 By: James H. Curry III Identification No.: 306954 Fulton Bank Building 200 North Third Street, Suite 9A Harrisburg, PA 17101 (717) 237-6940 Attorneys for Plaintiff METRO BANK f/k/a COMMERCE BANK/ COURT OF COMMON PLEAS HARRISBURG, N.A. CUMBERLAND CO UNTY 3801 Paxton Street Harrisburg. PA 17111 NO. 11-8223-Civil v. MICHAEL ;l. HARTLE 295 Tanger Road Boiling Springs, PA 17007 A'LYNN R. HARTLE Vic`` 295 Tanger Road Boiling Springs, PA 17007 4 UNITED STATES OF AMERICA Harrisburg Federal Building and Courthouse 228 Walnut Street, Suite 220 P.O. Box 11754 Harrisburg, PA 17108 Praecipe for Writ of Execution To the Prothonotary: Issue writ of execution in the above matter: 0 PD ArN Amount due: $177,277.96 oo OZF 7.5 Per diem interest from and after 01/20/12 $ , w 42 at the rate of $24.13 per day .00 /4.56 Costs to be added: $ 2.50 " Po ATTI/ mes H. ire Peter E squire a5 Dt?Co ?a Attorn or Plaintiff . .So !L Legal Description attached 0>fa--s&5 0*a7005a RE Wrf4 . d WEBER GALLAGHER SIMPSON STAPLE,rON FIRES & NEWBY, LLP By: Peter E. Meltzer Identification No.: 39828 By: James H. Curry III Identification No.: 306954 Fulton Bank Building 200 North Third Street, Suite 9A Harrisburg, PA 17101 (717) 237-6940 METRO I3ANK f/k/a COMMERCE BANK/ HARRISBURG, N.A. 3801 Paxton Street Harrisburg, PA 17111 V. MICHAEL J. HARTLE 295 Tanger Road Boiling Springs, PA 17007 A' LYNN R. HARTLE 295 Tanger Road Boiling Springs, PA 17007 UNITED STATES OF AMERICA Harrisburg Federal Building and Courthouse 228 Walnut Street, Suite 220 P.O. Box 11754 Harrisburg, PA 17108 Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 11-8223-Civil 1 3? 7 Z w L C D CERTIFICATION TO SHERIFF AS TO THE SALE OF REAL PROPERTY DATE OF SALE: June 6, 2012 that: I hereby certify that I am the attorney for the plaintiff in this action and further certify X Act 6 and Act 91 are complied with. WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY, LLP By: Peter E. Meltzer Identification No.: 39828 By: James H. Curry III Identification No.: 306954 Fulton Bank Building 200 North Third Street, Suite 9A Harrisburg, PA 17101 (717) 237-61940 METRO BANK f/k/a COMMERCE BANK/ HARRISBURG, N.A. 3801 Paxton Street Harrisburg, PA 17111 V. MICHAEL J.. HARTLE 295 Tanger Road Boiling Springs, PA 17007 A' LYNN R. HARTLE 295 Tanger Road Boiling Springs, PA 17007 UNITED STATES OF AMERICA Harrisburg Federal Building and Courthouse 228 Walnut Street, Suite 220 P.O. Box 11754 Harrisburg, PA 17108 Affidavit Pursuant to Rule 3129.1 7i 0 c . - --- >„ .. Metro Bank, f/k/a Commerce Bank/Harrisburg, N.A., Plaintiff in the above action, sets forth as of the date that the Praecipe for Writ of Execution was filed the following information concerning the real property located at 295 Tanger Road, Boiling Springs, PA, 17007: Name and address of owner(s) or reputed owner(s): Name Michael J. Hartle Address 295 Tanger Road Boiling Springs, PA 17007 Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 11-8223-Civil A'Lynn R. Hartle 295 Tanger Road Boiling Springs, PA 17007 2 3 4 5 Name and address of defendant(s) in the judgment: Name Michael J. Hartle Address 295 Tanger Road Boiling Springs, PA 17007 A'Lynn R. Hartle 295 Tanger Road Boiling Springs, PA 17007 United States of America Harrisburg Federal Building and Courthouse 228 Walnut Street, Suite 220 P.O. Box 11754 Harrisburg, PA 17108 Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address U.S. Treasury Department TBD Bureau of Compliance TBD Name and address of the last recorded holder of every mortgage of record: Name Mortgage Electronic Registration Systems, Inc., as nominee for Superior Home Mortgage Corp. Address TBD Commerce Bank/Harrisburg NA 3801 Paxton Street Harrisburg, PA 17111 Name and address of every other person who has any record lien on the property: Name Address Cumberland County Tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address Cumberland County Domestic Relations 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Compliance P.O. Box 2675 Harrisburg, PA 17105 Dept. 280946 Harrisburg, PA 17128-0946 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address I verify that the statements made in this affidavit are true and correct to the best of my knowledge, information and belief. I understand that i:alse statements herein are subject to the penalties of 18 Pa.C.S.A. 4904 relating to unsworn falsification to authorities. Dated: .01 - /I- Q EXHIBIT A ALL ihar eemae tmct or pwoi of WW ead prc vdw sttmgtle, 4Ug *v4 being in the Township of Sovch mtddktoa in the County of Cambetund end cammonw atth ofjF"tnsylv=* MOM perr;evWRy dae fled is fnitmu "MM O at, 9 P*A in the teat iloe of Townrhip Routs M9 (T"r ,toad) at tha dividing Nne bdta"n LAU ]tas. 22 and 33 on the h"balter madoned StUfvi9ian Pbm; titmice aion9 said dhldkc R n*, Sou& 13 degrees 26 mkutes 34 seconds East, 253.799 reet to a point; deenat Abog 6e dividing line between Lois Nmc. t and 23 an said Plan, Soatb 77 degree: 39 odautes 24 w4mc a West 174.3 feat. to a point; tbence aim% *e dj"ag fte between Lot Nas. 23 *ad 14 an ssdd Plm, Warih 1Z degm 26 mbuta 34 $=ads Wait 2s3.79 NO to a paint in Or. ce W ibe of said Tan ubrp RMt T-919; *ewe along sold CwtaHdc. North 77 depom 33 „ WUW 26 amoade Rae! 174.83 feet to a point, the FIRM of REGWNXNG. COWI'. IMMG 44,37tLU99 upare feet atchmure of dedicated rtgbt-or--way. RMG Airther dextibed ea La No. 23,0a 64 SabdivIdav Plan No. Z for Jbsgb Mwar, pr9Pmd by Stephcit- G. Blsher. R. 5., dated Auput 4, 1987, and recorded in CnmberWd Coonty, ptaa R04k A Age 64. 8=(; the ,one PZ*Wm WW& LAM J. Detwiler and Xwm S. Detwiler, by dined dated Yelp 25, 1994, mA rmOrded m Jnl? 25, 1994 In the O(Gm of (be Rwvti * of Deeds of Cumbeitaod Cootrty, PmWlvxab, Its Deed Pock .1091. Yap 9, ganwd as aoaveyed u,tcn 1 Y D. Owen, Jr., tend Metier!! J. o*m, Graa%n bece4u. ri f , Lu be recorded . Vl and County PA «<.x order of Deeds gW 1 058?? 2894 A$ • 1 WEBER GALLAGHER SIMPSON STAPLE,TON FIRES & NEWBY, LLP By: Peter E. Meltzer Identification No.: 39828 By: James H. Curry III Identification No.: 306954 Fulton Bank Building 200 North Third Street, Suite 9A Harrisburg, PA 17101 (717) 237-6940 METRO BANK f/k/a COMMERCE BANK/ HARRISBURG, N.A. 3801 Paxton Street Harrisburg, PA 17111 V. MICHAEL J. HARTLE 295 Tanger Road Boiling Springs, PA 17007 A' LYNN R. HARTLE 295 Tanger Road Boiling Springs, PA 17007 UNITED STATES OF AMERICA Harrisburg Federal Building and Courthouse 228 Walnut Street, Suite 220 P.O. Box 11754 Harrisburg, PA 17108 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Michael J. Hartle A'Lynn R. Hartle United States of America i-71 cc C- ma=r? --o -, cn N :?;D; , ? CD cn Your real estate at 295 Tanger Road, Boiling Springs, Pennsylvania, 17007, is scheduled to be sold at Sheriff's Sale on June 6, 2012, at 10:00 a.m. at the Cumberland County Courthouse, 1 Court House Square, Carlisle, PA 17013 to enforce the court judgment of $177,277.96 obtained by Metro Bank against you. NOTICE OF OWNERS RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 11-8223-Civil I . The sale will be canceled if you pay to Peter E. Meltzer the back payments, late charges, costs and reasonable attorneys fees due. To find out how much you must pay, you may contact Peter E. Meltzer at 267-295-3363. 2. You may be able to stop the sale by filing a petition asking a Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below of how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE If the sheriff's sale is not stopped, your property will be sold to the highest bidder. You may find out the bid price by calling Peter E. Meltzer at 267-295-3363. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of the property. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To find out if this has happened, you may call Peter E. Meltzer at 267- 295-3363. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. You have the right to remain in the property until the full amount is paid to the Sheriff and the Sheriff gives a deed to t:he buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff approximately 30 days after the date of the Sheriff's Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within 10 days. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY" OF CUMBERLAND) NO 11-8223 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due METRO BANK, f/k/a COMMERCE BANK/HARRISBURG, N.A., Plaintiff (s) From MICHAEL J. HARTLE, A'LYNN R. HARTLE and UNITED STATES OF AMERICA (1; You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $177,277.96 L.L.: $.50 Interest from 11.)014. at the rate of $24.13 per day Atty's Comm: % Due Prothy: 2.25 Atty Paid: $214.50 Other Costs: Plaintiff' Paid: Date: 112-3/12 David D. B ell, Protho to (Seal) By; Deputy REQUESTING PARTY: Name: JAMES H. CURRY, III, ESQUIRE Address: WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP FULTON BANK BUILDING 200 NORTH THIRD STREET, SUITE 9A HARRISBURG, PA 17101 Attorney for: PLAINTIFF Telephone: 717-237-6940 Supreme Court ID No. 306954 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff F±'.FJ-OFF 6"z: THE PiOTHt'F c 7A Jody S Smith Chief Deputy Richard W Stewart Solicitor 2212 JUL -5 AM e: 2 l uUMBERLAND COUNTY PENNSYLVANIA Metro Bank vs. A'Lynn Hartle (et al.) Case Number 2011-8223 SHERIFF'S RETURN OF SERVICE 02/10/2012 01:15 PM - Served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Michael J. Hartle at the Cumberland County Sheriffs Office, One Courthouse Square, Carlisle, PA 17013, Cumberland County. 02/10/2012 01:15 PM - Served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: A'Lynn Hartle at the Cumberland County Sheriffs Office, One Courthouse Square, Carlisle, PA 17013, Cumberland County. 03/19/2012 03:10 PM - Deputy Stephen Bender, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action, upon the property located at 295 Tanger Road, South Middleton Township, Boiling Springs, PA 17007, Cumberland County. 05/01/2012 Ronny R Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: United States of America, but was unable to locate the Defendant in his bailiwick. He therefore deputized the Sheriff of Dauphin County to serve the within Real Estate Writ, Notice and Description, in the above titled action, according to law. 05/03/2012 The requested Real Estate Writ, Notice and Description, in the above titled action, served by the Sheriff of Dauphin County upon Susan Melendez, who accepted for United States of America, at 228 Walnut Street, Suite 220, Federal Building, Harrisburg, PA 17108. So Answers: J.R. Lotwick, Sheriff. 06/05/2012 As directed by James H. Curry, Attorney for the Plaintiff, Sheriffs Sale Continued to 9/5/2012 07/03/2012 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney. SHERIFF COST: $808.78 SO ANSWERS, July 03, 2012 RON R ANDERSON, SHERIFF 1 .-1 P2 61 .27752, Y WEBER GALLAIGHER SIMPSON STAPLETON FIRES & NEWBY, LLP By: Peter' E. Meltzer Identification No.: 39828 By: James H. Curry III Identification No.: 306954 Fulton Bank Building 200 North Third Street, Suite 9A Harrisburg, PA 17101 (717) 237-6940 METRO BANK f/k/a COMMERCE BANK/ HARRISBURG, N.A. 3801 Paxton Street Harrisburg, PA 17111 V. MICHAEL J. HARTLE 295 Tanger Road Boiling Springs, PA 17007 A' LYNN R. HAR'rLE 295 Tanger Road Boiling Springs, PA 17007 UNITED STATES OF AMERICA Harrisburg Federal Building and Courthouse 228 Walnut Street, Suite 220 P.O. Box 11754 Harrisburg, PA 17108 Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 11-8223-Civil NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Michael J. Hartle A'Lynn R. Hartle United Stages of America Your real estate at 295 Tanger Road, Boiling Springs, Pennsylvania, 17007, is scheduled to be sold at Sheriff's Sale on June 6, 2012, at 10:00 a.m. at the Cumberland County Courthouse, 1 Court House Square, Carlisle, PA 17013 to enforce the court judgment of $177,277.96 obtained by Metro Bank against you. NOTICE OF OWNERS RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: 1. The sale will be canceled if you pay to Peter E. Meltzer the back payments, late charges, costs and reasonable attorneys fees due. To find out how much you must pay, you may contact Peter E. Meltzer at 267-2.95-3363. 2. You may be able to stop the sale by filing a petition asking a Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below of how to obtain an. attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 1. - If the sheriff s sale is not stopped, your property will be sold to the highest bidder. You may find out the bid price by calling Peter E. Meltzer at 267-295-3363. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of the property. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To find out if this has happened, you may call Peter E. Meltzer at 267- 295-3363. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff approximately 30 days after the date of the Sheriff s Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within 10 days. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar .Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 Exhibit "A" ALL THAT CERTAIN tract of parcel of land and premise, situate, lying and being in Township of South Middleton in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point in the centerline of Township :Route T-529 (Tanger Road) at the dividing line between Lot Nos. 22 and 23 on the hereinafter mentioned Subdivision Plan; thence along said dividing line, South 12 degrees 26 minutes 34 seconds East, 253.79 feet to a point; thence along the dividing line between Lot Nos. 1 and 23 on said Plan, South 77 degrees 33 minutes 26 seconds West, 174.83 feet to a point; thence along the dividing line between Lot Nos. 23 and 24 on said Plan, North 12 degrees 26 minutes 34 seconds West, 253.79 feet to a point in the centerline of said Township Route T-529; thence along said centerline, North 77 degrees 33 minutes 26 seconds East, 174.83 feet to a point, the Place of BEGINNING. CONTAINING 44,370.8299 square feet, exclusive of dedicated right-of-way. BEING further described as Lot No. 23 on the Subdivision Plan No. 2 for Joseph Manor, prepared by Stephen G. Fisher, R.S. dated August 4, 1987 and recorded in Cumberland County in Plan Book 54, Page 64. BEING the same premises which Harry D. Owens, Jr. and Beverly J. Owens, husband and wife by their Deed dated August 30, 2002 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 253, Page 2276, granted and conveyed unto Michael J. Hartle and ALynn R. Hartle, also known as A'Lynn R. Hartle, Mortgagors herein. I Ctthis to be recorded ( Ct:?:;bcr13n0 County PA R,c c, ,}er of Deeds BK 1976PG` 0 I I WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 11-8223 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due METRO BANK, f/k/a COMMERCE BANK/HARRISBURG, N.A., Plaintiff (s) From MICHAEL J. HARTLE, A'LYNN R. HARTLE and UNITED STATES OF AMERICA (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: 5177,277.96 L.L.: S.50 Interest from 4X0-at the rate of 524.13 per day Atty's Comm: '% Due Prothy: 2.25 Atty Paid: $214.50 Other Costs: Plaintiff Paid: Date: 1/23/12 David D. Buell, Prothonotary (Seal) ?By e- Deputy REQUESTING PARTY: Name: JAMES H. CURRY, III, ESQUIRE Address: WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP FULTON BANK BUILDING 200 NORTH THIRD STREET, SUITE 9A TRUE COPY FROM RECORD HARRISBURG, PA 17101 In Testimony whereof, I hors unto set my hand and tt* seal of saia Co rt at Carlisle, Pa. Attorney for: PLAINTIFF This _QJ:krd d Telephone: 717-237-6940' -?l' p Prothonotary Supreme Court ID No. 306954 f On February 9, 2012 the Sheriff levied upon the defendant's interest in the real property situated in South Middleton Township, Cumberland County, PA, known and numbered 295 Tanger Road, Boiling Springs, PA, 17007 more fully described on Exhibit"A" filed with this writ and by this reference incorporated herein. Date: February 9, 2012 By: For Claudia Brewbaker, Real Estate Coordinator H :i CUMBERLAND LAW JOURNAL Writ No. 2011-8223 Civil Term Metro Bank f/k/a Commerce Bank/Harrisburg, N.A. vs. Michael J. Hartle, A Lynn R. Hartle, United States of America Atty.: James H. Curry, III ALL THAT CERTAIN tract of parcel of land and premise, situate, lying and being in Township of South Middleton in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point in the centerline of Township Route T-529 (Tanger Road) at the dividing line be- tween Lot Nos. 22 and 23 on the here- inafter mentioned Subdivision Plan; thence along said dividing line, South 12 degrees 26 minutes 34 seconds East, 253.79 feet to a point; thence along the dividing line between Lot Nos. 1 and 23 on said Plan, South 77 degrees 33 minutes 26 seconds West, 174.83 feet to a point; thence along the dividing line between Lot Nos. 23 and 24 on said Plan, North 12 degrees 26 minutes 34 seconds West, 253.79 feet to a point in the centerline of said Township Route T-529; thence along said centerline, North 77 degrees 33 minutes 26 seconds East, 174.83 feet to a point, the Place of BEGINNING. CONTAINING 44,370.8299 square feet, exclusive of dedicated right-of- way. 13EING further described as Lot No, 23 on the Subdivision Plan No. 2 for Joseph Manor, prepared by Stephen G. Fisher, R. S. dated August 4, 1987 and recorded in Cumberland County in Plan Book 54, Page 64. BEING the same premises which Harry D. Owens, Jr. and Beverly J. Owens, husband and wife by their Deed dated August 30, 2002 and re- corded in the Office of the Recorder of Deeds in and for Cumberland Coun- ty, Pennsylvania in Deed Book 253, Page 2276, granted and conveyed unto Michael I. Hartle and A Lynn R. Hartle, also known as A'Lynn R. Hartle, Mortgagors herein. 64 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law .Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: April 27, May 4, and May 11, 2012 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Li rie Coyne, Editor SWORN TO AND SUBSCRIBED before me this rday of May, 2012 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 The Patriot-News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE. CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 t4tPatriot-News Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Holly Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. t UBLICATION COPY This ad ran on the date(s) shown below: 04/27/12 r 05/04/12 05/11/12 ...... ). `?....... Sworn torfd :> ?Scrib d b fore me is 22 y of May, 2012 A. D. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarlal Seal Sherrie L. Owens, Notary Public Lower Paxton Twp., Dauphin County My Commission Explres Nov. 26, 2015 MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES 201 f •8W Cyq .term Metro Bank f/k(a'Commeree Bank/ Harrisburg, N.A. VS - Michael J. Hartle A'Lynn R. Wartie Unfted States of America Atty: James H. Curry, III ALL THAT CERTAIN tract of parcel of land and premise, situate, lying and being in Township of South Middleton in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point in the centerline of Township Route T-529 (Tenger Road) at the dividing line between Lot Nos. 22 and 23 On the hereinafter mentioned Subdivision Plan; thence along said dividing he, South 12 degrees 26 minutes 34 seconds East, 253.79 feet to a point; thence along the dividing fine between Lot Nos. I and 23 on said Plan, South 77 degrees 33 minutes 26 seconds Wt 1174.83 feet to a point; thence along the dividing ine between Lot Nos. 23 and 24 on said Plan, North 12 degrees 26 minutes 34 seconds West, 253.79 feet to a point in the centerline of said Township Route T-529; thence along said centerline, North 77 degrees 33 minutes 26 seconds Eye 174.83 feet to a point, the Place of BEGINNING, CONTAINING 44,370.8299 square feet, exclusive of dedicated rightof.way. BEING further described as Lot No, 23 n the Subdivision Plan No. 2 for Joseph 'Manor, prepared by Stephen G. Fisher, R.S. dated August 4,1987 and recorded -Cumberland County in Plan Book 54, gage 64. BEING the saute premises which Harry D. Owens, Jr. and Beverly J. Owens, husband and wife by their Deed dated August 30, 2002 and recorded in the Office of the Recorder of Deeds in and for Cumberland 2age 22"tea in Deed Book 53, P granted and and unto Michael I. Hartle conveyed R Hartle, also known I Al ynn R. Hartle, Mortgagors herein.