HomeMy WebLinkAbout12-3254IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
METRO BANK f/k/a
Commerce Bank/Harrisburg N.A.,
Plaintiff,
CIVIL DIVISION
NO.: 0q.3x59 ?U-d
vs.
WILLIAM H. GOODLING and
KELLY J. GOODLING,
Defendants.
TO: DEFENDANT(S)
YOU ARE HEREBY NOTIFIED TO PLEAD TO THE
ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS
FROM SERVIC HEREOF OR A DEFAULT JUDGMENT
MAY BE ENTE D AGAiNA1'W)I I_
ATTORNEY FbR INTI
I HEREBY CERTIFY THAT THE ADDRESS
OF THE PLAINTIFF IS:
TYPE OF PLEADING:
C.) I ? o?Wa tr:l'
'. i`. t_ht'a'F L1 CHAT
°tl '?,'I.VA, NIA
CIVIL ACTION - COMPLAINT
IN BREACH OF CONTRACT
FILED ON BEHALF OF:
Metro Bank f/k/a Commerce Bank/Harrisburg,
N.A., Plaintiff
COUNSEL OF RECORD FOR THIS
PARTY:
Scott A. Dietterick, Esquire
Pa. I.D. #55650; sad@jsdc.com
Kimberly A. Bonner, Esquire
Pa. I.D. #89705; kab@jsdc.com
Ralph M. Salvia, Esquire
Pa. I.D. #202946; rms@jsdc.com
JAMES, SMITH, DIETTERICK &
CONNELLY, LLP
P.O. Box 650
Hershey, PA 17033
(717) 533-3280; (717) 533-2795 (Fax)
S
CU 1aa3?
V't(aIsUas
3801 Paxton Street
Harrisburg, PA 17111
AND THE DEFENDANT(S):
395 Alison Avenue
IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE
ADVISED THAT:
PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. §1692 ET
SEQ. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY
PORTION THEREOF, IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30)
DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN
AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF;
OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF
REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL
FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE
ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE.
THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30)
DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO
COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER
TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS,
YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST
WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF
THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF
YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE
ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON
YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR
EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL
WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN
ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS
SUIT.
IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN
ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL
ESTATE.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
METRO BANK f/k/a
Commerce Bank/Harrisburg N.A.,
Plaintiff,
VS.
WILLIAM H. GOODLING and
KELLY J. GOODLING,
Defendants
CIVIL DIVISION
NO..
NO'T'ICE TO DEFEND
You have been sued in court. If you wish to defend against the claim set forth in the following
pages, you must take action within twenty (20) days after this complaint and notice are served, by
entering a written appearance personally or by attorney and filing in writing with the court your
defenses or objections to the claims set forth against you. You are warned that if you fail to do
so the case may proceed without you and a judgment may be entered against you by the court
without further notice for any money claimed in the complaint or for any other 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 SHOULD
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
NOTICE TO DEFEND & LAWYER REFERRAL SERVICE
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
Phone (717) 249-3166
(800) 990-9108
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
METRO BANK f/k/a CIVIL DIVISION
Commerce Bank/Harrisburg N.A.,
Plaintiff, NO.:
vs.
WILLIAM H. GOODLING and
KELLY J. GOODLING,
Defendants.
AVISO
USTED HA SIDO DEMONDADO/A EN CORTE. Si usted desea defenderse de las demandas
que se presentan mas adelante en las siguiientes paginas, debe tomar accion dentro do los
proximos veinte (20) dias despues de la notifacacion de esta Demanda y Aviso radicando
personalmente o por medio de un abogado una comperencencia escrita y redicanco en la Courte
por escrito sus defensas de, y objecciones a, los demandas presentadas aqui en contra suya. Se le
advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede
proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier
otra reclamacion o remedio solicitado par el demandante puede ser dictado en contra suya por la
Corte sin mas aviso adicional. Usted puede perder dinero O propieded u otros derechos
importantes para usted.
USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABAGADO IMMEDIATAMENTE. SI
USTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A UNO, LLAME A VAYA A
LA SIGUEINTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR
ASISTENCIA LEGAL.
NOTICE TO DEFEND & LAWYER REFERRAL SERVICE
Cumberland County Bar Association
321S. Bedford Street
Clarlisle, PA 17013
Ph¢ne (717) 249-3166
(800) 990-9108
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
METRO BANK f/k/a CIVIL DIVISION
Commerce Bank/Harrisburg N.A.,
Plaintiff, NO.:
vs.
WILLIAM H. GOODLING and
KELLY J. GOODLING,
Defendants.
CIVIL ACTION - COMPLAINT IN BREACH OF CONTRACT
And now comes Metro Bank Vk/a Commerce Bank/Harrisburg, N.A., Plaintiff, by its
attorneys, James, Smith, Dietterick & Connelly LLP, and files this Complaint in Breach of
Contract as follows:
The Plaintiff is Metro Bank f/k/a Commerce Bank/Harrisburg, N.A., which has its
principal place of business 3801 Paxton Street, Harrisburg, Pennsylvania 17111.
2. The Defendants, William H. Goodling and Kelly J. Goodling, are adult
individuals who reside at 395 Alison Avenue, Mechanicsburg, Pennsylvania 17055.
3. On or about December 13, 2006, Defendants executed a Home Equity Line of
Credit Agreement and Disclosure ("Agreement") in favor of Plaintiff in the original principal
amount of $150,000.00. A true and correct copy of said Agreement is marked Exhibit "A",
attached hereto and made a part hereof.
4. Under the terms of the aforesaid Agreement, Plaintiff is entitled to accelerate
payment of the principal balance, accrued and unpaid interest and all other sums due and owing
under the terms of the Agreement upon the occurrence of an event of default, including but not
limited to, the failure to pay monthly installments of principal and interest when due.
The aforesaid Agreement has not been released, transferred or assigned by
Plaintiff.
6. Defendants have breached their duty imposed by the aforesaid Agreement and are
in default under the terms of the said Agreement for, inter alia, failing to make monthly
installments of principal and interest when due.
7. Any and all conditions precedent to payment to Plaintiff have been satisfied.
8. Notwithstanding Plaintiffs demands for payment, Defendants' obligations under
the terms of the aforementioned Agreement remain unsatisfied.
9. The amount due and owing Plaintiff by Defendants is as follows:
Principal $ 149,840.50
Interest through 5/15/2012 $ 1,796.25
Late Charges $ 453.33
Attorney's Fees and Costs $ 2,500.00
TOTAL $ 154,590.08
with interest on the principal sum of ($149,840.50) from May 15, 2012 at the rate of $13.30 per
diem.
WHEREFORE, Plaintiff demands judgment in its favor and against Defendants for the
total amount due of $154,590.08, with interest on the principal sum ($149,840.50) from May 15,
2012, at the rate of $13.30 per diem plus additional late charges, attorneys' fees and costs.
Dated: 2?i
JAMES,
BY: ?v
Scott A. I) tte ck, Esquire
PA I.D. # 55650; sad@jsdc.com
Kimberly A. Bonner, Esquire
PA I.D #89705; kab@jsdc.com
Ralph M. Salvia, Esquire
PA I.D. #202946; rms@jsdc.com
Attorneys for Plaintiff
& CONNELLY LLP
P.O. Box 650
Hershey, PA 17033
(71'7) 533-3280
(71'7) 533-2795 (Fax)
THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED
WILL BE USED FOR THAT PURPOSE.
EXHIBIT "A"
HOME EQUITY LINE OF CREDIT AGREEMENT AND DISCLOSURE
Princ °a3
Laart i ....
tb?1l
M t
pir
egit D
all l doll:
ccount
?#fifi er
niiSats
$ 150"0100
References in the shaded area are for our use only and do not limit the applicability of this document to any particular loan or item.
Any item above containing "*"" has been omitted due to text length limitations.
Borrower: William H. Goodling ISSN: 167-54-285 Lender: COMMERCE BANK/HARRISBURG N.A.
Kelly J. Goodling ISSN: 176-58-00731 001
HA
MPDEN CENTER
395 Alison Avenue P 4860 CARLISLE PIKE
Mechanicsburg, PA 17055 MECHANICSBURG, PA 17055
(717) 975-7546
CREDIT LIMIT: $150,000.00 DATE OF AGREEMENT: December 13, 2006
Introduction. This HOME EQUITY LINE OF CREDIT AGREEMENT AND DISCLOSURE ("Agreement") governs your line of credit (the "Credit Line"
or the "Credit Line Account") issued through COMMERCE DANK/HARRISBURG N.A.. In this Agreement, the words "Borrower," "you," "your,"
and "Applicant" mean each and every person who signs this Agreement, including all Borrowers named above. The words "we," "us," "our,"
and "Lender" mean COMMERCE BANK/HARRISBURG N.A.. You agree to the following terms and conditions:
Promise to Pay. You promise to pay COMMERCE BANK/HARRISBURG N.A., or order, the total of all credit advances and FINANCE CHARGES,
together with all costs and expenses for which you are responsible under this Agreement or under the "Mortgage" which secures your-Credit
Line. You will pay your Credit Line according to the payment terms set forth below. If there is more than one Borrower, each is jointly and
severally liable on this Agreement. This means we can require any Borrower to pay all amounts due under this Agreement, including credit
advances made to any Borrower. Each Borrower authorises any other Borrower, on his or her signature alone, to cancel the Credit Line, to
request and receive credit advances, and to do all other' things necessary to carry out the terms of this Agreement. We can release any
Borrower from responsibility under this Agreement, and the others will remain responsible.
Term. The term of your Credit Line will begin as of the date of this Agreement ("Opening Date") and will continue until December 18, 2021
("Maturity Date"). All indebtedness under this Agreement, if not already paid pursuant to the payment provisions below, will be due and
payable upon maturity. The draw period of your Credit Line will begin on a date, after the Opening Date, when the Agreement is accepted by us
in the Commonwealth of Pennsylvania, following the expiration of the right to cancel, the perfection of the Mortgage, the receipt of all required
certificates of noncancellation, and the meeting of all of our other conditions and will continue as follows: Draw period is 179 months. You '.
may obtain credit advances during this period ("Draw Period"). After the Draw Period ends, the repayment period will begin and you will no
longer be able to obtain credit advances. The length of the repayment period is as follows: Single principal payment due at maturity, total loan
term of 180 months. You agree that we may renew or extend the period during which you may obtain credit advances or make payments. You
further agree that we may renew or extend your Credit Line Account.
Minimum Payment. Your "Regular Payment" will equal', the amount of your accrued FINANCE CHARGES. You will make 179 of these
payments. You will then be required to pay the entire balance owing in a single balloon payment. If you make only the minimum payments, you
may not repay any of the principal balance by the end oft is payment stream. Your payments will be due monthly. Your "Minimum Payment"
will be the Regular Payment, plus any amount due and all other charges. An increase in the ANNUAL PERCENTAGE RATE may increase the
amount of your Regular Payment. You agree to pay not less than the Minimum Payment on or before the due date indicated on your periodic
billing statement.
Balloon Payment. Your Credit Line Account is payable in ',full upon maturity in a single balloon payment. You must pay the entire outstanding
principal, interest and any other charges then due. Unless otherwise required by applicable law, we are under no obligation to refinance the
balloon payment at that time. You may be required to mare payments out of other assets you own or find a lender, which may be us, willing to
lend you the money. If you refinance the balloon, you may have to pay some or all of the closing costs normally associated with a new credit
line account, even if you obtain refinancing from us.
How Your Payments Are Applied. Unless otherwise agreed or required by applicable law, payments and other credits will be applied first to
Finance Charges; then to any voluntary credit life and disability insurance premiums; then to unpaid principal; then to late charges and other
charges; and then to any amounts that exceed your Credit Limit.
Receipt of Payments. All payments must be made by a check, automatic account debit, electronic funds transfer, money order, or other
instrument in U.S. dollars and must be received by us at the remittance address shown on your periodic billing statement. Payments received
at that address prior to 3:00 P. M. EASTERN on any business day will be credited to your Credit Line as of the date received. If we receive
payments at other locations, such payments will be credited promptly to your Credit Line, but crediting may be delayed for up to five (5) days
after receipt.
Credit Limit. This Agreement covers a revolving line of credit for the principal amount of One Hundred Fifty Thousand & 00/100 Dollars
1$150,000.00), which will be your "Credit Limit" under thits Agreement. During the Draw Period we will honor your request for credit advances
subject to the section below on Lender's Rights. You may borrow against the Credit Line, repay any portion of the amount borrowed, and
re-borrow up to the amount of the Credit Limit. Your Credit Limit is the maximum amount you may have outstanding at any one time. You
agree not to attempt, request, or obtain a credit advance that will make your Credit Line Account balance exceed your Credit Limit. Your Credit
Limit will not be increased should you overdraw your Credit Line Account. If you exceed your Credit Limit, you agree to repay immediately the
amount by which your Credit Line Account exceeds your Credit Limit, even if we have not yet billed you. Any credit advances in excess of your
Credit Limit will not be secured by the Mortgage covering your principal dwelling.
Charges to your Credit Line. We may charge your Credit Line to pay other fees and costs that you are obligated to pay under this Agreement,
the Mortgage or any other document related to your Credit Line. In addition, we may charge your Credit Line for funds required for continuing
insurance coverage as described in the paragraph titled "Insurance" below or as described in the Mortgage for this transaction. We may also, at
our option, charge your Credit Line to pay any costs or expenses to protect or perfect our security interest in your principal dwelling. These
costs or expenses include, without limitation, payments to cure defaults under any existing liens on your principal dwelling. If you do not pay
your property taxes, we may charge your Credit Line and pay the delinquent taxes. Any amount so charged to your Credit Line will be a credit
advance and will decrease the funds available, if any, under the Credit Line. However, we have no obligation to provide any of the credit
advances referred to in this paragraph.
Credit Advances. After the Effective Disbursement Date of this Agreement, you may obtain credit advances under your Credit Line as follows`.
Credit Line Checks. Writing a preprinted "Equity Reserve Advance Check" that we will supply to you.
Overdrafts. Writing a check on your designated checking account with us in excess of the available collected balance in the account.
If there is more than one person authorized to use this Credit Line Account, you agree not to give us conflicting instructions, such as one
HOME EQUITY LINE OF CREDIT AGREEMENT AND DISCLOSURE
Loan No: 930009386 (Continued) Page 2
Borrower telling us not to give advances to the other.
Limitations on the Use of Checks. We reserve the right not to honor Equity Reserve Advance Checks in the following circumstances:
Credit Limit Violation. Your Credit Limit has been or would be exceeded by paying the Equity Reserve Advance Check.
Post-dated Checks. Your Equity Reserve Advance Check is post-dated. If a post-dated Equity Reserve Advance Check is paid and as a
result any other check is returned or not paid, we are not responsible.
Stolen Checks. Your Equity Reserve Advance Checks] have been reported lost or stolen.
Unauthorized Signatures. Your Equity Reserve Advance Check is not signed by an "Authorized Signer" as defined below.
Termination or Suspension. Your Credit Line has been terminated or suspended as provided in this Agreement or could be if we paid the
Equity Reserve Advance Check.
Transaction Violation. Your Equity Reserve Advance Check is less than the minimum amount required by this Agreement or you are in
violation of any other transaction requirement or would be if we paid the Equity Reserve Advance Check.
If we pay any Equity Reserve Advance Check under these conditions, you must repay us, subject to applicable laws, for the amount of the
Equity Reserve Advance Check. The Equity Reserve Advance Check itself will be evidence of your debt to us together with this Agreement.
Our liability, if any, for wrongful dishonor of a check is limited to your actual damages. Dishonor for any reason as provided in this Agreement is
not wrongful dishonor. We may choose not to return Equity Reserve Advance Checks along with your periodic billing statements; however, your
use of each Equity Reserve Advance Check will be reflected on your periodic statement as a credit advance. We do not "certify" Equity Reserve
Advance Checks drawn on your Credit Line.
Transaction Requirements. The following transaction limitations will apply to the use of your Credit Line:
Credit Line Equity Reserve Advance Check and Overd?aft Limitations. There are no transaction limitations for the writing of Equity Reserve
Advance Checks or writing a check in excess of your hecking account balance.
Authorized Signers. The words "Authorized Signer" on Equity Reserve Advance Checks as used in this Agreement mean and include each
person who (a) signs the application for this Credit Line, (b) signs this Agreement, or (c) has executed a separate signature authorization card
for the Credit Line Account.
Lost Equity Reserve Advance Checks. If you lose your Equity Reserve Advance Checks or if someone is using them without your permission,
you agree to let us know' immediately. The fastest way to notify us is by calling us at (717) 975-7546. You also can notify us at our address
shown at the beginning of this Agreement.
Future Credit Line Services. Your application for this Crei4it Line also serves as a request to receive any new services (such as access devices)
which may be available act some future time as one of oo! r services in connection with this Credit Line. You understand that this request is
voluntary and that you may refuse any of these new services at the time they are offered. You further understand that the terms and conditions
of this Agreement will govern any transactions made pursuant to any of these new services-
Collateral. Ynu acknowledge this Agreement is secured by 395 Alison Avenue, Mechanicsburg, Mechanicsburg Boroc+gh, Cumberland County,
Pennsylvania.
Insurance. You must obtain insurance on the Property se uring this Agreement that is reasonably satisfactory to us. You may obtain property
insurance through any company of your °choice that is re sonably satisfactory to us. You have the option of providing any insurance required
under this Agreement through an existing policy or a po ccy independently obtained and paid for by you, subject to our right, for reasonable
cause before credit is extended, to decline any insurance provided by you. Subject to applicable law, if you fail to obtain or maintain insurance
as required in the Mortgage, we may purchase insurance to protect our own interest, add the premium to your balance, pursue any other
remedies available to us, or do any one or more of these t ings.
Right of Setoff. To the extent permitted by applicable law, we reserve a right of setoff in all your accounts with us (whether checking, savings,
or some other account), including without limitation, all ac ounts you may open in the future. However, this does not include any IRA or Keogh
accounts, or any trust accounts for which setoff would be prohibited by law. You authorize us, to the extent permitted by applicable law, to
charge or setoff-all-sums owing on-this Agreement againstlany and all such accounts.
Periodic Statements. If you have a balance owing on y ur Credit Line Account or have any account activity, we will send you a periodic
statement. It will show, among other things, credit agvances, FINANCE CHARGES, other charges, payments made, other credits, your
"Previous Balance," and your "New Balance." Your statement also will identify the Minimum Payment you must make for that billing period
and the date it is due.
When FINANCE CHARGES Begin to Accrue. Periodic FINANCE CHARGES for credit advances under your Credit Line will begin to accrue on the
date credit advances are posted to your Credit Line. There', is no "free ride period" which would allow you to avoid a FINANCE CHARGE on your
Credit Line credit advances.
Method Used to Determine the Balance on Which the FINANCE CHARGE Will Be Computed. A daily FINANCE CHARGE will be imposed on all
credit advances made under your Credit Line imposed from the date of each credit advance based on the "average daily balance" method. To
get the average daily balance, we take the beginning bal nce of your Credit Line Account each day, add any new advances and subtract any
payments or credits and any unpaid FINANCE CHARGES. 1 This gives us a daily balance. Then, we add up all the daily balances for the billing
cycle and divide the total by the number of days in the billing cycle. This gives us the "average daily balance."
Method of Determining the Amount of FINANCE CHARGE., Any FINANCE CHARGE is determined by applying the "Periodic Rate" to the balance
described herein. Then we multiply by the number of days in the billing cycle. This is your FINANCE CHARGE calculated by applying a Periodic
Rate.
Periodic Rate and Corresponding ANNUAL PERCENTAGE RATE. We will determine the Periodic Rate and the corresponding ANNUAL
PERCENTAGE RATE as follows. We start with an independent index which is the Prime Rate as published in the Money Rate Section of the
Wall Street Journal. If a range of rates is published, the highest will be used. (the "Index"). We will use the most recent Index value available
to us as of the date of any ANNUAL PERCENTAGE RATE djustment. The Index is not necessarily the lowest rate charged by us on our loans.
If the Index becomes unavailable during the term of this Credit Line Account, we may designate a substitute index after notice to you. To
determine the Periodic Rate that will apply to your account, we take the value of the Index, then divide the value by the number of days in a
year (daily). To obtain the ANNUAL PERCENTAGE RATE a multiply the Periodic Rate by the number of days in a year (daily). This result is the
ANNUAL PERCENTAGE RATE. The ANNUAL PERCENTAGE RATE includes only interest and no other costs.
The Periodic Rate and the corresponding ANNUAL PERCENTAGE RATE on your Credit Line will increase or decrease as the Index increases or
decreases from time to time. Adjustme: o the Periodic Rate and the corresponding ANNI' PERCENTAGE RATE resulting from changes in
HOME EQUITY LINE OF CREDIT AGREEMENT AND DISCLOSURE
Loan No: 930009386 (Continued) Page 3
the Index will take effect Monthly on the first day of the next billing cycle after index change. In no event will the corresponding ANNUAL
PERCENTAGE RATE be more than the lesser of 18.000% or the maximum rate allowed by applicable law- Today the Index is 8.250% per
annum, and therefore the initial Periodic Rate and the corresponding ANNUAL PERCENTAGE RATE on your Credit Line are as stated below:
Current Rates for the First Payment Stream
Range of Balance Margin Added ANNUAL PERCENTAGE Daily Periodic
or Conditions to Index RATE Rate
All Balances 0.000% 8.250% 0.02260%
Notwithstanding any other provision of this Agreement, we will not charge interest on any undisbursed loan proceeds, except as may be
permitted during any Right of Rescission period.
Conditions Under Which Other Charges May Be Imposed. You agree to pay all the other fees and charges related to your Credit Line as set forth
below:
Returned Items. You may be charged $35.00 if you pay your Credit Line obligations with a check, draft, or other item that is dishonored
for any reason, unless applicable law requires a lower charge or prohibits any charge.
Fee to Stop Payment. Your Credit Line Account may be charged $25.00 when you request a stop payment on your account.
Overlimit Charge. Your Credit Line Account may be charged $30.00 if you cause your Credit Line Account to go over your Credit Limit.
This includes writing a Equity Reserve Advance Cheek in excess of your available balance.
Late Charge. Your payment will be late if it is not received by us within 15 days after the "Payment Due Date" shown on your periodic
statement. If your payment is late we may charge you $.000% of the payment.
Lien Release Fees. In addition to all other charges, you' agree, to the extent not prohibited by law, to pay all governmental fees for release
of our security interests in collateral securing your Credit Line. You will pay these fees at the time the lien or liens are released. The
estimated amount of these future lien release fees is $3b.50.
Lender's Rights. Under this Agreement, we have the following rights:
Termination and Acceleration. We can terminate your Credit Line Account and require you to pay us.the entire outstanding balance in one
payment, and charge you certain fees, if any of the following happen: (1) You commit fraud or make a -material misrepresentation at any
time in connection with this Credit Agreement. This can include, for example, _a false statement. about your income, assets, liabilities, or
any other aspects of your financial condition. (2) You do not meet the repayment terms of this Credit Agreement. (3) Your action or
inaction adversely affects the collateral for the plan or our rights in the collateral. This can include, for example,, failure to maintain required
insurance, waste or destructive use of the dwelling, failure to pay taxes, death of all persons liable on the account, transfer of title or sale
of the dwelling, creation of a senior lien on the dwelling without our permission, foreclosure by the holder of another lien, or the use of
= funds or the dwelling for prohibited purposes.
Suspension or Reduction. In addition to any other rights we may have, we can suspend additional, extensions of credit or reduce your
Credit Limit during any period in which any of the following are in effect:
(1) The value of your property declines significantly below the property's appraised value for purposes of this Credit Line Account. This
includes, for example, a decline such that the initial dif erence between the Credit Limit and the available equity is reduced by fifty percent
and may include a smaller decline depending on the indi idual circumstances.
(2) We reasonably believe that you will be unable tO fulfill your payment obligations under your Credit Line Account due to a material
change in your financial circumstances.
13) You are in default under any material obligations of this Credit Line Account. We consider all of your obligations to be material.
Categories of material obligations include the events described above under Termination and Acceleration, obligations to pay fees and
charges, obligations and limitations on the receipt of credit advances, obligations concerning maintenance or use of the property or
proceeds, obligations to pay and perform the terms of Many other deed of trust, mortgage or lease of the property, obligations to notify us
and to provide documents or information to us (such a4 updated financial information), obligations to comply with applicable laws (such as
zoning restrictions), and obligations of any comaker. No default will occur until we mail or deliver a notice of default to you, so you can
restore your right to credit advances.
(4) We are precluded by government action from imposing the ANNUAL PERCENTAGE RATE provided for under this Agreement.
(5) The priority of our security interest is adversely affected by government action to the extent that the value of the security interest is
less than one hundred twenty percent (120%) of the Credit Limit.
(6) We have been notified by governmental authority!,that continued advances may constitute an unsafe and unsound business practice.
Change in Terms. We may make changes to the terms of this Agreement if you agree to the change in writing at that time, if the change
will unequivocally benefit you throughout the remainder of your Credit Line Account, or if the change is insignificant (such as changes
relating to our data processing systems). If the Index is no longer available, we will choose a new Index and margin. The new Index will
have an historical movement substantially similar to the original Index, and the new Index and margin will result in an ANNUAL
PERCENTAGE RATE that is substantially similar to the rate in effect at the time the original index becomes unavailable. We may prohibit
additional extensions of credit or reduce your Credit Omit during any period in which the maximum ANNUAL PERCENTAGE RATE under
your Credit Line Account is reached.
Collection Costs. We may hire or pay someone else to help collect this Agreement if you do not pay. You will pay us that amount. This
includes, subject to any limits under applicable law, ou attorneys' fees and our legal expenses, whether or not there is a lawsuit, including
attorneys' fees, expenses for bankruptcy proceedings including efforts to modify or vacate any automatic stay or injunction), and appeals.
If not prohibited by applicable law, you also will pay any court costs, in addition to all other sums provided by law.
Rate Increase. In addition to our other rights during Jermination and acceleration, we may increase the variable ANNUAL PERCENTAGE
RATE under this Agreement to 2.000 percentage oints over the then applicable ANNUAL PERCENTAGE RATE. The ANNUAL
PERCENTAGE RATE will not exceed the maximum ra a permitted by applicable law. If we do not increase the ANNUAL PERCENTAGE
RATE upon termination or acceleration of your Credit Line Account, it will continue at the variable rate in effect as of the date of
termination or acceleration of your Credit Line Account.
Access Devices. If your Credit Line is suspended or terminated, you must immediately return to us all Equity Reserve Advance Checks and
HOME EQUITY LINE OF CREDIT AGREEMENT AND DISCLOSURE
Loan No: 930009386 (Continued) Page 4
any other access devices. Any use of Equity Reserve Advance Checks or other access devices following suspension or termination may be
considered fraudulent. You will also remain liable for any further use of Equity Reserve Advance Checks or other Credit Line access
devices not returned to us.
Delay in Enforcement. We may delay or waive the enforcement of any of our rights under this Agreement without losing that right or any other
right. If we delay or waive any of our rights, we may enforce that right at any time in the future without advance notice. For example, not
terminating your account for non-payment will not be a waiver of our right to terminate your account in the future if you have not paid.
Cancellation by you. If you cancel your right to credit advances under this Agreement, you must notify us and return all Equity Reserve Advance
Checks and any other access devices to us. Despite candellation, your obligations under this Agreement will remain in full force and effect until
you have paid us all amounts due under this Agreement.
Prepayment. You may prepay all or any amount owing udder this Credit Line at any time without penalty, except we will be entitled to receive
all accrued FINANCE CHARGES, and other charges, if any, Payments in excess of your Minimum Payment will not relieve you of your obligation
to continue to make your Minimum Payments. Instead, they will reduce the principal balance owed on the Credit Line. You agree not to send
us payments marked "paid in full", "without recourse", or ',similar language. If you send such a payment, we may accept it without losing any of
our rights under this Agreement, and you will remain obligated to pay any further amount owed to us. All written communications concerning
disputed amounts, including any check or other payment instrument that indicates that the payment constitutes "payment in full" of the amount
owed or that is tendered with other conditions or limitations or as full satisfaction of a disputed amount must be mailed or delivered to:
COMMERCE BANK/HARRISBURG N.A., LOAN SERVICING, PO BOX 4999 HARRISBURG, PA 17111-0999.
Notices. All notices will be sent to your address as shown in this Agreement. Notices will be mailed to you at a different address if you give us
written notice of a different address. You agree to advise'us promptly if you change your mailing address.
Credit Information and Related Matters. You authorize us to release information about you to third parties as described in our privacy policy and
our Fair Credit Reporting Act notice, provided you did not opt out of the applicable policy, or as permitted by law. You agree that, upon our
request, you will provide us with a current financial statement, a new credit application, or both, on forms provided by us. You also agree we
may obtain credit reports on you at any time, at our sole !,option and expense, for any reason, including but not limited to determining whether
there has been an adverse change in your financial condition. We may require a new appraisal of the Property which secures your Credit Line at
any time, including an internal inspection, at our sole option and expense.
Transfer or Assignment. Without prior notice or approva}, from you, we. reserve the right to sell or transfer your Credit Line Account and our
rights and obligations under this Agreement to another lender, entity, or person, and to assign our rights under the Mortgage. Your rights under
this Agreement belong to you only and may not be transferred or assigned. Your obligations, however, are binding on your heirs and legal
representatives. Upon any such sale or transfer, we will have no further obligation to provide you with credit advances or to perform any other
obligation under this Agreement.
Tax Consequences. You understand that neither we, not any of our employees or agents, make any representation or warranty whatsoever
concerning the tax consequences of your establishing and, using your Credit1ine, including the deductibility of interest, and that neither we nor
our employees or agents will be liable in the event interest on your Credit Line is not deductible. You should consult your own tax advisor for
guidance on this subject.
Notify Us of Inaccurate Information We Report To Consumer Reporting Agencies. Please notify us if we report any inaccurate information about
your account(s) to a consumer reporting agency. Youri written notice describing the specific inaccuracybes) should be sent to us at the
-following address: COMMERCE BANK/HARRISBURG N.A. (DAN SERVICING 3801 PAXTON STREET HARRISBURG, PA 17111.
Governing Law. This Agreement will be governed by federal law applicable to us and, to the extent not preempted by federal law, the laws of
the Commonwealth of Pennsylvania without regard to its conflicts of law provisions. This Agreement has been accepted by us in the
Commonwealth of Pennsylvania.
Caption Headings. Caption headings in this Agreement ire for convenience purposes only and are not to be used to interpret or define the
provisions of this Agreement.
Interpretation. You agree that this Agreement, together with the Mortgage, is the best evidence of your agreements with us. If we go to court
for any reason, we can use a copy, filmed or electronic, of any periodic statement, this Agreement, the Mortgage or any other document to
prove what you owe us or that a transaction has taken place. The copy, microfilm, microfiche, or optical image will have the same validity as
the original. You agree that, except to the extent you can show there is a billing error, your most current periodic statement is the best
evidence of your obligation to pay.
Severability. If a court finds that any provision of this Agreement is not valid or should not be enforced, that fact by itself will not mean that the
rest of this Agreement will not be valid or enforced. Thjerefore, a court will enforce the rest of the provisions of this Agreement even if a
provision of this Agreement may be found to be invalid or Unenforceable.
Acknowledgment. You understand and agree to the terms',, and conditions in this Agreement. By signing this Agreement, you acknowledge that
you have read this Agreement. You also acknowledge receipt of a completed copy of this Agreement, including the Fair Credit Billing Notice and
the early home equity line of credit application disclosure, in addition to the handbook entitled "What you should know about Home Equity Lines
of Credit," given with the application.
This Agreement is dated December 13, 2006.
THIS AGREEMENT IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS AGREEMENT IS AND SHALL CONSTITUTE AND HAVE THE
EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW.
BORROWER:
,J
X (Seal)
William H' Goodling
X (Seal)
Kelly J.
Effective Disbursement Date: -` ` k `C) U
HOME EQUITY LINE OF CREDIT AGREEMENT AND DISCLOSURE
Loan No: 930009386 (Continued) Page 5
NOTICE TO COSIGNER
You are being asked to guarantee this debt. Think carefully before you do. If the borrower doesn't pay the debt, you will have to. Be sure you
can afford to pay if you have to, and that you want to accept this responsibility.
You may have to pay up to the full amount of the debt if the borrower does not pay. You may also have to pay late fees or collection costs,
which increase this amount.
The Lender can collect this debt from you without first trying to collect from the borrower. The Lender can use the same collection methods
against you that can be used against the borrower, such as suing you, garnishing your wages, etc. If this debt is ever in default, that fact may
become a part of YOUR credit record.
This notice is not the contract that makes you liable for the 'debt.
HOME EQUITY LINE OF CREDIT AGREEMENT AND DISCLOSURE
Loan No: 930009386 (Continued) Page 6
BILLING ERROR RIGHTS
YOUR BILLING RIGHTS
KEEP THIS NOTICE FOR FUTURE USE
This notice contains important information about your rights and our responsibilities under the Fair Credit Billing Act.
Notify us in case of errors or questions about your bill.
If you think your bill is wrong, or if you need more information about a transaction on your bill, write us on a separate sheet at
COMMERCE BANK/HARRISBURG N.A.
LOAN SERVICING
3801 PAXTON STREET
HARRISBURG, PA 17111-1418
or at the address listed on your bill. Write to us as soon as possible. We must hear from you no later than sixty (60) days after we sent you the
first bill on which the error or problem appeared. You can telephone us, but doing so will not preserve your rights.
In your letter, give us the following information
Your name and account number.
The dollar amount of the suspected error.
Describe the error and explain, if you can, why you believe there is an error. If you need more information, describe the item you are
not sure about.
If you have authorized us to pay your bill automatically from your savings or checking account, you can stop the payment on any amount you
think is wrong. To stop the payment, your letter must reaph us three (3) business days before the automatic payment is scheduled to occur.
Your rights and our responsibilities after we receive your written notice.
We must acknowledge your letter wiihin thirty 130) days, unless we have corrected the error by then. Within ninety"(90! days,.ok rnust either
correct the error or explain why we believe the bill was correct.
After we receive your letter, we cannot try to collect any amount you question, or report you as delinquent. We can continue to bill you for the
amount you question, including finance charges, and we can apply any unpaid amount against your Credit Limit. You do not have to pay any
questioned amount while we are investigating, but you are still. obligated to pay the parts of your bill that are not in question.
If we find that we made'a mistake on your bill, you will hot have to pay any finance charges related to any "questioned amount. ` If we didn't
make a mistake; you may, have to'pay finance charges, and you will, hwre to make up any missed payments on the questioned amount In either
case, we will send you a statement of the amount you owe and the date on which it is due.
If you fail to pay the amount that we think you owe, we may report you as delinquent. However, if our explanation does not satisfy you and
you write to us within ten (10) days telling us that you still refuse to pay, we must tell anyone we report you to that you have a question about
your bill. And, we must tell you the name of anyone we reported you to. We must tell anyone we report you to that the matter has been
settled between us when it finally is..
If we don't follow these rules, we can't collect the first $50 of the questioned amount, even if your bill was correct.
LASER PRO --9. - 5,33-0 COP,- H-d F-.Q Sol tw- I- 1997. 2006. A9 Righo Raasved. PA N:\WINAPPSILPWINICFhLPLIP]S.FC TA M11 PR-69
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
METRO BANK f/k/a CIVIL DIVISION
Commerce Bank/Harrisburg N.A.,
Plointiff, NO.:
VS.
WILLIAM H. GOODLING and
KELLY J. GOODLING,
Defendants.
VERIFICATION
I, John T. Robertson, Vice President of Metro Bank depose and say subject to the
penalties of 18 Pa.C.S.A., sec.4904 relating to unsworn falsification to authorities that the facts
set forth in the foregoing pleading are true and correct to the best of my information, knowledge
and belief.
'iTohn T. Robertson, Vice President
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
, I rw 4 ? I ?` 4 t f I? f ...
e'ifl7 JU'N' -7 A 9: 2
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
E;- _:E
U F BEi L A N(J I UUN i
PENNSYLVANIA
Metro Bank Case Number
2012-3254
vs.
William H. Goodling (et al.)
SHERIFF'S RETURN OF SERVICE
05/30/2012 01:36 PM - Elizabeth Muller, Deputy Sheriff, who being duly sworn according to law, states that on May
30, 2012 at 1336 hours, she served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: William H. Goodling, by making known unto herself personally, at 395 Alison Avenue,
Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to
him personally the said true and correct copy of the same.
ELIZABETH MULLER, DEPUTY
05/30/2012 01:36 PM - Elizabeth Muller, Deputy Sheriff, who being duly sworn according to law, states that on May
30, 2012 at 1336 hours, she served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: Kelly J. Goodling, by making known unto herself personally, at 395 Alison Avenue,
Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to
her personally the said true and correct copy of the same.
ELI ETH MULLER, DEPUTY
SHERIFF COST: $54.00
June 04, 2012
SO ANSWERS,
RON R ANDERSON, SHERIFF
(c) CountySuite Sheriff, Teleosoft, Inc.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
METRO BANK f/k/a
Commerce Bank/Harrisburg N.A.,
Plaintiff,
vs.
WILLIAM H. GOODLING and
KELLY J. GOODLING,
Defendants.
,y? 22 R 1 2' 2
CIVIL DIVISION ij IBERLAND COUNITY
944 JSYLVANIA
NO.: 12-3254 Civil
PRAECIPE TO DISCONTINUE ACTION
TO THE PROTHONOTARY:
Please mark the above captioned matter settled and discontinued.
Respectfully
DATE: lX ? 31 I I a
JAMES,
BY:
Scott A. Dietterick, Esquire
PA I.D. #55650
Attorneys for Plaintiff
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
& CONNELLY LLP