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HomeMy WebLinkAbout12-3328 JOHNSON, DUFFIE, STEWART & WEIDNER By: Elizabeth D. Snover, Esquire I.D. No. 200997 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 eds@jdsw.com ASSURED LAND TRANSFERS, INC., Plaintiff V. P. GARY HERTING a/k/a PHILIP G. HERTING a/kla PHILLIP G. HERTING Defendant 'r 2- jPP DNS YLYrVf jr Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. /9,- 33;LS CIVIL TERM CIVIL ACTION - LAW NOTICE YOU 'HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are Served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (800) 990-9106 (717) 249-3166 $103.75 c+? yc?vs AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas quie se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sps defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le adviertie de que si usted faila de tomar accion como se describe anteriormente, el caso puede proceper sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QQE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREkCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (800) 990-9106 (717) 249-3166 I JOHNSON, DUFFIE, STEWART & WEIDNER By: Elizabeth Q. Snover, Esquire I.D. No. 200997 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 eds@jdsw.com ASSURED LAND TRANSFERS, INC., Plaintiff V. P. GARY HERTING a/k/a PHILIP G. HERTING a/k/a PHILLIP G. HERTING Defendant COMPLAINT CIVIL TERM CIVIL ACTION - LAW AND NOW, comes the Plaintiff, Assured Land Transfers, Inc., by and through its attorneys, Johnson, Duffie, Stewart & Weidner, P.C., who files this Complaint by respectfully stating the following: 1. Plaintiff, Assured Land Transfers, Inc. ("ALT") is a Pennsylvania corporation with a principal office location of 301 Market Street, Lemoyne, Cumberland County, Pennsylvania. 2. Defendant P. Gary Herting a/k/a Philip G. Herting a/k/a Phillip G. Herting ("Herting") is an adult individual with a residence at 718 Greggs Drive, Harrisburg, Dauphin County, Pennsylvania 17111. 3. On June 8, 2005, a First Loan was granted to Herting by Commerce Bank (now Metro Bank) in the amount of $486,000.00. 4. In consideration for this First Loan, Herting executed and delivered a promissory note to Commerce Bank (now Metro Bank), obligating Herting to pay the principal sum, together Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. with interest' thereon at a rate of 6.375% per annum in equal monthly installments of $2,581.88 and to comply with the other terms and conditions set forth in the note. A true and correct copy of the First Loan Promissory Note is attached hereto as Exhibit "A" and is made part hereof by reference. 5. On July 6, 2005, a Second Loan was granted to Herting by Commerce Bank (now Metro Bank) in the amount of $25,000.00. 6. In consideration of the Second Loan, Herting executed and delivered a promissory note to Commerce Bank (now Metro Bank), obligating Herting to pay the principal sum, together with interest thereon at a variable rate beginning at 7.25% per annum and to comply with the other terms and conditions set forth in the note. A true and correct copy of the Second Loan Promissory Note is attached hereto as Exhibit "B" and is made part hereof by reference. 7. In January 2012, for consideration, Metro Bank (formerly Commerce Bank) assigned to ALT all rights to First Loan and Second Loan and the accompanying Promissory Notes securing the same. 8. A true and correct copy of the Assignment of the First Loan Promissory Note is attached hereto as Exhibit C. 9. A true and correct copy of the Second Loan Promissory Note is attached hereto as Exhibit D. 10. Herting is in default of said Notes in that Herting has failed to make payments required by the Notes whereupon the remaining balances have become immediately due and payable as set forth in said note. 11. ALT now brings this action on the assigned Promissory Notes against Herting personally for collection and payment. 2 12. Jurisdiction and venue is appropriate in the Court of Common Pleas of Cumberland County since Herting agreed to make repayment of the loan and all charges to Commerce Bank at 4 Lemoyne Drive, Suite 100, Lemoyne, PA located in Cumberland County. COUNT ONE - BREACH OF CONTRACT FIRST NOTE 13. ALT incorporates the averments in paragraphs 1 through 12 as if the same were set forth herein at length. 14. ALT seeks judgment in the amount of the outstanding balance on First Loan and Note as follows: a. Amount Outstanding on First Loan $89,799.33 15. ALT also reserves the right to collect interest accruing after November 3, 2011 at the annual rate of 6.375% on the First Note 16. ALT also reserves the right to collect late payment fees, lien release fees, reasonable attorney's fees, and court costs pursuant to the terms of both Notes. See, First Note, p. 2. WHEREFORE, Assured Land Transfers, Inc. demands judgment in its favor and against P. Gary Herting a/k/a Philip G. Herting a/k/a Phillip G. Herting in an amount outside of the limits for compulsory arbitration and as set forth above. COUNT TWO - BREACH OF CONTRACT SECOND NOTE 17. ALT incorporates the averments in paragraphs 1 through16 as if the same were set forth herein at length. 3 I 1 18. ALT seeks judgment in the amount of the outstanding balance on Second Loan and Note as follows: a. Amount Outstanding on Second Loan $ 26,434.21 19. ALT also reserves the right to collect interest accruing after November 3, 2011, at the annual rate of 7.250% on the Second Note 20. ALT also reserves the right to collect late payment fees, lien release fees, reasonable attorney's fees, and court costs pursuant to the terms of both Notes. See, Second Note p. 3. WHEREFORE, Assured Land Transfers, Inc. demands judgment in its favor and against P. Gary Hertng a/k/a Philip G. Herting a/k/a Phillip G. Herting in an amount outside of the limits for compulsory arbitration and as set forth above. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By: Eliza t D. Snover Attor I. D. No. 200997 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Plaintiff Date: May 24, 2012 :476022 4 EXHIBIT A InterestFirsts'"t NOTE HEATING LOAN #e 33332086HER,rING JUNE 8, 2005 HARRISBURG PENNSYLVANIA [Date] [City] [State] 6273 RYECROFT DR, HARRISBURG, PA 17111 [Property Address] L BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. S 486,000.00 (this amount is called "Principal"), plus interest, to the order of the Lender. The Lender is COMMERCE BANK/HARRISBURG, N. A. I will make all payments under this Note in the form of cash, check or money order. I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid Principal until the full amount of Principal has been paid, I will pay interest at a yearly rate of 6.375 %" The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of this Note. 3. 'PAYMENTS (A) Time and Place of Payments I Will make a payment every month. This payment will be for interest only for the first 5 9 months, and then will consist of Principal and interest. I will make my monthly payment on the 1ST day of each month beginning on AUGUST 1, 2005 I will make these payments every month until I have paid all of the. Principal and interest and 'any other charges described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date, and if the payment includes both Principal and interest it will be applied to interest before Principal. If, on JULY 1, 2010 I still owe amounts under this Note, I will pay those amoun,cs in full on that date, which is called the "Maturity Date." I will make my monthly payments at 4 LEMOYNE DRIVE, SUITE 100, LEMOYNE, PA 17043 or at a different place if required by the Note Holder. (l3) Amount of Monthly Payments My monthly payment will be in the amount of TJ.S. S 2,581.88 for the first 5 9 months of this Note, and thereafter will be in the amount of U.S. T, 488,581.87 The :Note Holder will notify me prior to the date of change in monthly payment. 4. BORROWER'S RIGHT TO PREPAY I have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a "Prepayment." When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. I may not designate a payment as a Prepayment if I have not made all the.; monthly payments due under the Note. T may make a full Prepayment.or partial. Prepayments without paying a Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interu-it on the Prepayment amount, before applying my Prepayment to reduce the Principal amount of the Note. If I make a parrlal Prepayment, there will be no changes in the due date of my monthly payment unless the Note Holder agrees in writing to those changes. However, if the partial Prepayment is made during the period when my monthly payments consist only of interest, the amount of the monthly payment will decrease for the remainder of the term when my payments consist only of interest as well as during the time that my payments consist of Principal and interest. If the partial Prepayment is made during the period when my payments consist of Principal and interest, the amount of my monthly payment will not decrease; however, the Principal and the interest required under this Note will be paid prior to the Maturity Date. 5. LOAN CHARGES If-a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be. collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amo,ant necessary to reduce the charge to the permitted limit; and (b) any stuns already collected from rile which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by MULTISTATE InterestFir9t FIXED RATE NOTE-Single Family-Fannie Niue, UNIFORM INSTRUMENT Form 32711/01 ooCUNLKI Page 1 of 3 DOCDNGKI.VTY 03/26/2001 33332086HERTI2G reducing the Principal 1 owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not -received the full amount of any monthly payment by the end of 15 calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will, be 5.000 % of my overdue payment of interest and/or Principal and interest. I will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay the full amount of each monthly payment on-the date it is due, I will be in default. (C) Notice of Default If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. (D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E) Paymentiof Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, arty notice that must be :given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if 'I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address, 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, includin? the promise to pay the full amount owed. Any person who is a guarantor, surety :or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the 'obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this'Note. 9. WAIVERS I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Presentment" meansthe right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 10. UNIFORM SE&RED NOTE This Note i& a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument"), dated the same date as this Note; protects the Note Holder from possible losses which might result if I, do not keep the promises which I make in this Note. That Security Instrument describes bow and under what conditions .I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. ''However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Lain. MULTISTATE InterestFir;t FIXED R4T'E NOTE-Single-Famay--Fannie Mae UNIFORM INSTRUMENT Form 3271 1101 DOCUNLK2 Page 2 of 3 D0Cmrta2.VTY 03/26/2004 3333208MI, G If Lender exercises this .option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not.less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender- may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. WITNESS THE HAND G/ - rill. [Sign Original Only] MULTISTATE Interes(FirSf FIXED RATE NOTE-Single Family-Fannie-Mae UNIFORM INSTRUMENT Form 3271 1/01 DocUNLK3 Page 3 of 3 DOCONLE3.VTX 03/26/20D4 FEDERAL TR„ fH-IN-LENDING DISCLOSUi_- STATEMENT Names of Borrower(s): P • GARY BEATING Date: 0 6 / 0 8 / 0 5 Property Location: 6273 RYECROFT DR, HARRISBURG, PA 17111 Lender. COMMERCE BANK/HARRISBURG, N.A. Loan Number: 3 3 3 3 2 0 8 6HERTING ANNUAL PERCENTAGE FINANCE CHARGE Amount Financed Total of Payments RATE The cost of your credit as a The dollar amount the credit The amount of credit provided The amount you will have paid yearly rate. will cost you. to you or on your behalf. after you have made all payments as scheduled. 6.621 % $161,954.14 $478,958.06 $640,912.20 You have the right to receive at this time an Itemization of the Amount Financed. ® I want an itemization. ? I do not want an itemization. Payment Schedule Number of MONTHLY Payments are Due Number of MONTHLY Payments are Due Payments Payments of MONTHLY beginning: Payments Payments of MONTHLY beginning. 59 2,581.87 AUGUST 1, 2005 1 488,581.87 JULY 1, 2010 ? This loan has a demand feature ? Variable Rate: Disclosures about the variable rate feature have been provided to you earlier. ® Variable Rate Not Applicable Security:' ® You are giving a security interest in the property being purchased ? Other (describe): Late Charge: If a payment is not received by the end of 15 days after the date it is due, you will be charged: O % of the overdue payment MX 5.000 % of the overdue payment of principal and interest (or interest if your payment consists only of interest) ? not less than U.S. $ and not more than U.S. $ Filing Fees/Recording Fees: $ Prepayment: If you pay off this loan early, you ? may ® will not have to pay a penalty. You ? may ® will not be entitled to a refund of part of the finance charge. ? If you pay off an FHA insured loan, on a date other than the regular installment date, you may be assessed interest charges until the end of the month. Assumption: Someone buying your home ® will not be allowed to assume the remainder of this mortgage on the original terms. ? may, subject to conditions, be allowed to assume the remainder of this mortgage on the original terms. Required Deposit: If Lender requires you to maintain a deposit as a condition of the loan, the annual percentage rate does not reflect the effect 'Iof the required deposit, Property', Insurance is required to obtain credit and may be obtained from anyone you want who is acceptable to this Lender. ? Property Insurance is not available through Lender. ? If you obtain Property Insurance from you will pay $ for a term of CREDIT LIFE AND DISABILITY INSURANCE are not required to obtain credit and will not be provided at the time of closing. You maybe offered these plans after closing, but they are not in effect at this time. No such insurance will be in force until you have completed an application, the insurance company has issued the policy, and the effective date of that policy has been provided. See your loan documents for any additional information about nonpayment, default, any required repayment in full before the scheduled date, and prepayment refunds and penalties. I / we acknowledge rec ipt of mplete o of this disclos . SIGNED AND DATED: / SJ - BORROWER - P. GARY / 010 - DATE 6OC$RZ11lS?Y 07/16/2005 .. EMIZATION OF AMOUNT FINANC-J DATE: JUNE 8, 2005 LOAN $: 33332086HERTING BORROWER(S): P. GARY HEATING PROPERTY ADDRESS: 6273 RYECROFT DR, EILRRIEBURG, PA 17111 LOAN AMOUNT: 8486,000.00 ITEMIZATION OF THE AMOUNT FINANCED OF S 478, 958..06 TOTAL PREPAID FINANCE CHARGES: $7,041.94 Amount Paid to Others on Your Behalf Amount included in Amount Finance Charge and APR Origination et to s x Discount F to COMMERCE BANK S 4 252.50 x .Appraisal F e to VINCENT MINNICI APPRAISAL $ 225.00 Credit Repo Fee to: $ Lender's Ins tion Fee to: s x Mortgage . Application Fee to. $ x CONNZ UNDERWRITING FEE TO: S X Processing Fee: $ x Tax Service Fee to: S x Interest: S 11979.44 X UPFRONT 'FEE: F $ C! Fec to: Mortgage 1 ura $ X Settlement ee to: IONNI ABSTRACT COMPANY $ 200.00 x Abstract or Title Search to: S Title tion Fee to: S Title Insure ce Binder to: 5 Document partition Fee to: s Notary Fee : $ Attorney's Fee to: $ X Title Insurance Fee to: S Recording Fem to: $ City/Coup tamps to: s State Tax/S tnps to: $ Survey Fee o: S Pest lnspect on Fee to: S Other Feet: ADMINISTRATION FEE S 575.00 X Other Fee to: S X Other Fee td: S X Other Fee to: S x Other I= to: S Other Fee to: S Other Fee to: S X Other Fee to: S Other Fee to s x Other Fee to: S X Other Fee td: $ x Other Fee to: S x Other Fee t4: $ X Other Fee to: S X Other Fee to: s x Other Fee tq: S X Other Fee to: 3 Other Feet : s Other Fee to: $ Other Fee to: S Other Fee : s Other Fee to: s Other Fee t : s Other Fee to: S Other Fee to: s Other Fee t CLOSING PROTECTION LETTER S 35.00 X Other Fee t : S Other Fee t : s Other fee to: S Other Fee to: $ Other Fee to: S Other Fee tq: s Other Fee to: s Other Fee to: $ Other Fee to: s Other Fee to: s Other Fee to: s Other Fce to: $ Other Fee to: S Other Feet : S Total Prep id Finance rg / i S 7,041.94 U?GJ 77 DOCULK2 eO 22.1-j 09/09/2004 EXHIBIT B HOME EQUITY Lr 7 OF CREDIT AGREEMENT f -) DISCLOSURE 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. Anv item above containing - * - has been omitted due to text length limitations. Borrower: P. Gary Herting ISSN: 172-36-2036) 6273 Ryecroft Drive Harrisburg, PA 17111 Lender: COMMERCE HANK/HARRISBURG N.A. CAMP HILL MALL 3201 Trindle Road Camp Hill, PA 17011 (717) 920-57440 CREDIT LIMIT: $25,000.00 DATE OF AGREEMENT: July 6, 2005 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 BANK/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 authorizes 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 win remain responsible. Term. The term of your Credit Line will begin as of the date of this Agreement ("Opening Date") and will continue until termination of your Credit Line Account. All indebtedness under this Agreement, if not already paid pursuant to the payment provisions below, will be due and payable upon termination. 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 none ancellation, and the meeting of all of our other conditions and will continue as follows: Until the Credit Agreement is terminated by the Borrower or the Lender. 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: Until the Credit Agreement is terminated by the Borrower or the Lender. Minimum Payment. Your "Regular Payment" will be based on a percentage of your outstanding balance, including principal and unpaid interest, plus all accrued FINANCE CHARGES as shown below or $50.00, whichever is greater. Your payments will be due monthly. Range of Balances Regular Payment Calculation All Balances 0.555% of your outstanding balance plus all accrued FINANCE CHARGES Your "Minimum Payment" will be the Regular Payment, plus any amount past 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. 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 Twenty-five Thousand & 00/100 Dollars ($25,000.00), which will be your "Credit Limit" under this 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 youoverdraw 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. 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 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. HOME EQUITY LINE OF CREDIT AGREEMENT AND DISCLOSURE Loan No: 930015557 (Continued) Page 2 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 retumed 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 othe 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 Limitations. There are no transaction limitations, for the writing' of Equity Reserve Advance Checks. 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) 920-5740. You also can notify us at our address shown at the beginning of this Agreement. Future Credit Line Services. Your application for this Credit Line also serves as a request to receive any new services (such as access devices) which may be available' at some future time as one of our services in connection with this Credit Line. You understand that this request its 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. You acknowledge this Agreement is secured by 5273 Ryecroft Drive, Harrisburg, Lower Paxton Township, Dauphin County, Pennsylvania. Property Insurance. You must obtain insurance on the Property securing this Agreement that is reasonably satisfactory to us. You may obtain property insurance through any company of your choice that is reasonably satisfactory to us. You have the option of providing any insurance required under this Agreement through an existing policy or a policy 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 things. Further information concerning these property insurance requirements is set forth in the Mortgage. 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 accounts 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 against any and all such accounts. Periodic Statements. if you have a balance owing on your Credit Line Account or have any account activity, we will send you a periodic statement. It will show, among other things, credit advances, '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 ate 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 balance of your Credit Line Account each day, add any new advances and subtract any payments or credits and any unpaid FINANCE CHARGES. This gives.us a daily balance, Then, we add up all the daily balances for the billing cycle and divide the tonal 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 adjustment. 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 add a margin to the value of the Index, then divide the value by the number of days in a year (daily).' To obtain the ANNUAL PERCENTAGE RATE we 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 l=eriodic 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. Adjustments to the Periodic Rate and the corresponding ANNUAL PERCENTAGE RATE resulting from changes in the Index will take effect Monthly on the first day of the next billing cycle after the index change. In no event will the corresponding ANNUAL PERCENTAGE RATE be more than the lesse 16.000% or the maximum rate allowed by apr'' ',le law. Today the Index is 6.250% per annum, and therefore the initial Periodic Rate the corresponding ANNUAL PERCENTAGE RATE /our Credit Line are as stated below: HOME EQUITY IE OF CREDIT AGREEMENT ANC iSCLOSURE Loan No: 930015557 (Continued) Page 3 Current Rates for the First Payment Stream Range of Balance Margin Added ANNUAL PERCENTAGE or Conditions to Index RATE Daily Periodic Rate All Balances 1.000% 7.250% 0.01986% 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. Forgo Rate Increases. If we forgo an ANNUAL PERCENTAGE RATE increase, at the time of a later adjustment we may return to the full Index value plus margin. Conditions Under Whicth 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 $20.00 when you request a stop payment on your account. Overtimit 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 Check 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 5.000% of the payment. Lien Release Feet. 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 $33.50. Lender's Rights. Under this Agreement, we have the following rights: Termination and Acceleration. We can terminateyour 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, wasted, 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: 11) 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 difference between the Credit Limit and the available equity is reduced by fifty percent and may include d smaller decline depending on the individual 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. (3) 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 any other deed of trust, mortgage or lease of the property, obligations to notify us and to provide documents or information to us (such as 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 Limit 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, our attorneys' fees and our legal expenses, whether or not there is a lawsuit, including attorneys' fees, iexpenses 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 termination and acceleration, we may increase the variable ANNUAL PERCENTAGE RATE under this Agreement to 2,000 percentage points over the then applicable ANNUAL PERCENTAGE RATE. The ANNUAL PERCENTAGE RATE will not exceed the maximum rate 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: 930015557 (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 cancellation, 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 awing under 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 you Minimum Payments. Instead, they will reduce the principal balance owed on the Credit Line. You agree not to send us payments marked "pard 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 1195 CAMP HILL, PA 17011-1195. 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 approval 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, nor any of our employees or agents, make any representation or warranty whatsoever concerning the tax consequences of your establishing and using your Credit Line, 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. Your written notice describing the specific inaccueacy(ies) should be sent to us at the following address: COMMERCE BANK/HARRISBURG N.A. LOAN SERVICING PO BOX 1195 CAMP HILL, PA 17011-1195. Governing Law. This greement will be governed by federal law applicable to us and, to the extent not preempted by federal law, the laws of the Commonwealth o 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 are 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 of 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. Therefore, 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 equityiflne 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 July 6, 2005. 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. Effective Disbursement Date: HOME EQUITY JE OF CREDIT AGREEMENT AN( ISCLOSURE Loan No; 930015557 (Continued) Paae 5 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 BANKlHARRISBURG N.A. LOAN SERVICING PO BOX 11195 CAMP HILL, PA 17011-1195 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 reach us three (3) business days before the automatic payment is scheduled to occur. Your rights and our responsibilities after we receive your written notice. 9 We mu st correct the ekno le ex your letter within thirty (30) days, unless we have corrected the error by then. Within ninety (90) days;. we must either plain 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 not.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 have 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. LASEN pAO Ls,awp, V.. S,S.20- Ceps Mwlw.d Fwnn?l? SaNtion; inc -7-1006 A6 4h1, P- PA WWWAPT+I JMCFALP 07STC ".lb]2! -zs EXHIBIT C ASSIGNMENT OF PROMISSORY NOTE AND MORTGAGE THIS ASSIGNMENT OF PROMISSORY NOTE AND MORTGAGE is made the )4? day of December 2011, between Metro Bank f/k/a Commerce Bank/Harrisburg, N.A., a Pennsylvania state chartered bank, with offices at Metro Center, 3801 Paxton Street, Harrisburg, Pennsylvania 17111 (the "Assignor") and Assured Land Transfers, Inc., a Pennsylvania corporation, with offices at 301 Market Street, Lemoyne, Pennsylvania 17043 (Assignee"). Assignor is the holder of that certain InterestFirstsM Note in the original principal amount of $486,000.00 executed June 8, 2005 by P. Gary Herting ("Borrower") payable as therein provided (hereinafter referred to as the "Note"). Borrower's obligations under the Note are secured by that certain Mortgage executed June 8, 2005 by Borrower in favor of Assignor as Lender, recorded in the Cumberland County Recorder of Deeds Office in Record Book 1915, Pages 790 through and including page 803 (the "Mortgage"). NOW, THEREFORE, for and in consideration of the sum of One Dollar ($ 1.00) paid to Assignor by Assignee (the "Payment"), together with other good and valuable consideration, receipt and sufficiency of which is hereby acknowledged, Assignor does hereby quitclaim without recourse unto Assignee, its successors and assigns, Assignor's right, title and interest in the Note and Mortgage, the originals of which are delivered simultaneously herewith by Assignor to Assignee, receipt of which Assignee hereby acknowledges, and all monies, principal, interest and other charges due thereon, together with all rights, remedies and incidents thereunto belonging. Assignor makes this Assignment without representation or warranty of any sort. IN WITNESS WHEREOF, Assignor has caused this Assignment to be executed and delivered by its duly authorized officer the day and year above first written. ASSIGNOR: METRO BANK f/k/a COMMERCE BANK/HARRISBURG, N.A. By:? J hn T. Robertson Title: ice President- Asset Recovery Manager COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF On this, the -Q day of December 2011, before me, a Notary Public, the undersigned officer, personally appeared John T. Robertson, who acknowledged that he is a Vice President of Metro Bank f/k/a Commerce Bank/Harrisburg, N.A., a state chartered banking institution, and that being authorized to do so as such Vice President, he executed the foregoing document for the purposes therein contained on behalf of the said corporation. IN WITNESS WHEREOF, I hereunto set my hand and official seal the day and year aforesaid. Notary Publ My commission expires: COMMONWEALTH OF PENNSYLVANIA Notarial Seal (SEAL) Betty Ann McMullan, Notary Public Penn Twp., Perry County My Commission Expires Jan. 28, 2014 Member, Pennsylvania Association of Notaries :473677 ALLONGE THIS ALLONGE ("Allonge") is attached to and made a part of that certain Mortgage Mote dated June 8, 2005 in the original principal amount of Four Hundred Eighty-Six Thousand Dollars ($486,000.00) ("Note") executed by P. Gary Herting ("Borrower"), and payable to the order of Metro Bank f/k/a Commerce Bank/Harrisburg N.A., together with any amendments, modifications, renewals, extensions, and allonges thereto. This Allonge is to be read together with, and is attached hereto and made part of, said Note and constitutes an integral part thereof. Pay to the order of Assured Land Transfers, Inc., a Pennsylvania corporation with an address of 301 Market Street, Lemoyne, PA 17043 Effective as of the day of December, 2011. Metro Bank f/k/a Commerce Bank/Harrisburg N.A. B4hn T. Robertson, Vice President - set Recovery Manager 473758 I , ) ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 201208857 Recorded On 3/28/2012 At 10:20:06 AM * Instrument Type - ASSIGNMENT OF MORTGAGE Invoice Number -104824 User ED - MSW * Mortgagor - HERTING, P GARY * Mortgagee - ASSURED LAND TRANSFERS INC * Customer - JOHNSON * FEES STATE WRIT TAX $0.50 STATE JCS/!ACCESS TO $23.50 JUSTICE RECORDING FEES - $11.50 RECORDER OF DEEDS PARCEL CERTIFICATION $10.00 FEES COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $50.50 I Certify this to be recorded in Cumberland County PA y of aay? ° RECORDER O4 R D EDS t?eo * Total Pages - 5 Certification Page DO NOT DETACH This page is now part of this legal document. * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. 11111111111111111111111 , EXHIBIT D /. d ' 0iJ ASSIGNMENT OF PROMISSORY NOTE AND MORTGAGE THIS ASSIGNMENT OF HOME EQUITY LINE OF CREDIT AGREEMENT AND DISCLOSURE AND OPEN-END MORTGAGE is made the day of December 2011, between Metro Bank f/k/a Commerce Bank/Harrisburg, N.A., a Pennsylvania state chartered bank with offices at Metro Center, 3801 Paxton Street, Harrisburg, Pennsylvania 17111 (the "Assignor") and Assured Land Transfers, Inc., a Pennsylvania corporation, with offices at 301 Market Street, Lemoyne, Pennsylvania 17043 (Assignee") Assignor is the holder of that certain Home Equity Line of Credit Agreement and Disclosure in the original principal amount of $ 25,000.00 executed July 6, 2005 by P. Gary Herting (`Borrower") payable as therein provided (hereinafter referred to as the "Agreement") Borrower's obligations under the Agreement are secured by that certain Open-End Mortgage executed July 6, 2005 by Borrower as Grantor in favor of Assignor as Lender, was recorded in the Dauphin County Recorder of Deeds Office in l cord Book 6101, Pages 659 through and r including page 664 (the "Mortgage"). V-C NOW, THEREFORE, for and in consideration of the sum of One Dollar ($ 1.00) paid to Assignor by Assignee (the "Payment"), together with other good and valuable consideration, receipt and sufficiency of which is hereby acknowledged, Assignor does hereby quitclaim without recourse unto Assignee, its successors and assigns, Assignor's right, title and interest in the Note and Mortgage, the originals of which are delivered simultaneously herewith by Assignor to Assignee, receipt of which Assignee hereby acknowledges, and all monies, principal, interest and other charges due thereon, together with all rights, remedies and incidents thereunto belonging. Assignor makes this Assignment without representation or warranty of any sort. j , . i IN WITNESS WHEREOF, Assignor has caused this Assignment to be executed and delivered by its duly authorized officer the day and year above first written. ASSIGNOR: METRO BANK f/k/a COMMERCE BANK/HARRISBURG, N.A. By:_ 9 hl?J hn T. Robertson Title: ce President- Asset Recovery Manager COMMONWE TH OF PENNSYLVANIA SS: COUNTY OF On this, the 9 day of December 2011, before me, a Notary Public, the undersigned officer, personally appeared John T. Robertson, who acknowledged that he is a Vice President of Metro Bank f/k/a Commerce Bank/Harrisburg, N.A., a state chartered banking institution, and that being authorized to do so as such Vice President, he executed the foregoing document for the purposes therein contained on behalf of the said corporation. IN WITNESS WHEREOF, I hereunto set my hand and official seal the day and year aforesaid. N My commission expires: (SEAL) Notarial Seal Betty Ann McMullan, Notary Public Penn Twp., Perry County My Commission Expires Jan. 28, 2014 Member, Penns iivania Association of Notaries :473760 a i , 4 ALLONGE THIS ALLONGE ("Allonge") is attached to and made a part of that certain Home Equity Line' of Credit Agreement dated July 6, 2005 in the original principal amount of Twenty Five Thousand Dollars ($ 25,000.00) ("Agreement") executed by P. Gary Herting ("Borrower"), and payable to the order of Metro Bank f/k/a Commerce Bank/Harrisburg N.A., together with any amendments, modifications, renewals, extensions, and allonges thereto. This Allonge is to be read together with, and is attached hereto and made part of, said Agreement and constitutes an integral part thereof. Pay to the order of Assured Land Transfers, Inc., a Pennsylvania corporation with an address of 301 Market Street, Lemoyne, PA 17043 Effective as of the _Dq?' day of December, 2011. Metro Bank f/k/a Commerce Bank/Harrisburg N.A. By: 4*"?O?nj? hn T. Robertson, Vice President - 'Asset Recovery Manager 473759 A , , 0 James A Zugay, Esq. Recorder of Deeds (717) 780-6560 Candace E. Meck First' Deputy Recorder of Deeds Harrisburg, Pennsylvania CERTIFIED END PAGE Location: Dauphin County Courthouse Room 102 Front & Market Streets Harrisburg, PA 17101 INSTRUMENT #: 201120010637 RECORD DATE: 4/1112012 8:39:24 AM RECORDED BY: SKR--VSKY DOC TYPE: ASG MT AGENT: JOHNSON, OUFFIE, STEWART & WEIDNER DIRECT NAME: METRO BANK INDIRECT NAME: RECORDING FEES - State: $0.50 RECORDING FEES - ounty: $13.00 ACT 8 OF 1998: $5.0 LOWER PAXTON TWP AOPC: $23.50 UPI Count: 1 UPIFee: 10 U PIList: 35-066-159-000-0000 I Certify This Document To Be Recorded In Dauphin County, Pennsylvania. 0(t' James M. Zugay, Recorder of'Deeds THIS IS A CERTIFICATION PAGE PLEASE DO NOT DETACH THIS PAGE IS NOW PART OF THIS LEGAL DOCUMENT t . . VERIFICATION I, Richard W. Stewart, Vice-President of Assured Land Transfers, Inc., verify that I am authorized on behalf of Assured Land Transfers, Inc. to state that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. ASSURED LAND TRANSFERS, INC. Dated: S y 12 %?? Richard W. Stewart, Vice President SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson TA, Sheriff T? a?,,rttr at ??t+nbrr/?? Jody S Smith 1Z JUL -g 4 4 Chief Deputy Richard W Stewart CUMBEHLOD GOU a" Solicitor OF* ..F PENi4syLVAM Assured Land Transfers, Inc. vs. P. Gary Herting Case Number 2012-3328 SHERIFF'S RETURN OF SERVICE 05/29/2012 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: P. Gary Herting, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Dauphin County, Pennsylvania to serve the within Complaint and Notice according to law. 06/25/2012 Dauphin County Return: And now, June 25, 2012 I, Jack Lotwick, Sheriff of Dauphin County, Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for P. Gary Herting t e defendant named in the within Complaint and Notice and that I am unable to find him in the County of Dauphin and therefore return same NOT FOUND. Request for service at 718 Greggs Drive, Harrisbur , Pennsylvania 17111 the Defendant was not found. SHERIFF COST: $38.35 SO ANSWERS, July 05, 2012 RONWY R ANDERSON, SHERIFF r ?unty5 to 5re-t lei,.,(-,fl u 1t.tt of Ift a ?$jj'r -f1t Shelley Ruhl Real Esta e Deputy William T. Tully Solicitor Commonwealth of Pennsylvania County of Dauphin Dauphin County 101 Market Street Harrisburg, Pennsylvania 17101-2079 ph: (717) 780-6590 fax: (717) 255-2889 Jack L Chief Michael Assistant ASSURED LAND TRANSFERS, INC. VS P. GARY HERTING Sheriffs Return No. 2012-T-1583 OTHER COUNTY NO. 2012-3328 I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return that I made diligent search and inquiry for P. GARY HERTING the DEFENDANT named in the within NOTI COMPLAINT and that I am unable to find him/her in the County of Dauphin, and therefore return same FOUND, JUNE 25, 2012. MADE SEVERAL ATTEMPTS TO SERVE DEFENDANT AT ADDRESS 718 GREGGS DRIVE, HARRISBURG, PA 17111 WITH NO RESPONSE. ATTEMPTS ARE AS FOLLOWS: 06/04/12 08:21 - NO RESPONSE, LEFT NOTE 06/07/12 11:41 - NO RESPONSE, LEFT NOTE (WAS TO PICK UP PAPERS AT OFFICE) 06/19/12 09:02 - NO RESPONSE, LEFT NOTE 06/20/12 11:14 - NOTE STILL THERE, NO RESPONSE 06/21/12 14:24 - NO RESPONSE, LEFT NOTE 06/25/12 11:14 - NOTE STILL THERE, NO RESPONSE Sworn and subscribed to before me this 28TH day of June, 2012 COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Karen M. Hoffman, Notary Public City of Harrisburg, Dauphin County M Commission Ex fires Au t 17, 2014 Jack Lotwick Sheriff So Answers, -;? By Dauphin Cour*, Pa. Sheriff J MILLER s Costs: $47.25 5/30/2012 JOHNSON, DUFFIE, STEWART & WEIDNER By: Elizabeth D. Snover, Esquire I.D. No. 200997 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 eds@jdsw.com ASSURED LAND TRANSFERS, INC., "I' JUL 30 PM 4: C 9 CUMBERLAND COUNTY ANIA Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 12-3328 CIVIL TERM P. GARY HERTING a/k/a PHILIP G. HERTING a/k/a PHILLIP G. HERTING CIVIL ACTION - LAW Defendant PROOF OF SERVICE AND NOW, this 27th day of July, 2012, the undersigned does hereby certify that on July 5 2012, she forwarded the Complaint filed in the above-captioned action to Defendant Gary P Herting pursuant to Pa. R.C.P. No. 403, by causing it to be sent via certified mail addressed to the Defendant's place of residence with acceptance by a person in charge at 24 Seabreeze Lane Avalon, New Jersey 08202-1829. See July 5, 2012 letter attached hereto as Exhibit A. Thl certified mail was signed for by Gary Herting. The signed receipt with delivery record from thi United States Postal Service confirming the Complaint was delivered on July 7, 2012, is attache hereto as Exhibit B. Date: July 27, 2012 507407 JOHNSON, UFFIE, STE RT & WEIDNER By: liz eth D. Snover, Esquire A ney I.D. No. 200997 3 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Plaintiff JERRY R. DUFFIE -RICHARf? W. STEWART EDMUND G. MYERS DAVID W. DELUCE JOHN A.STATLER JEFFERSON J. SHIPMAN JEFFREY B. RETTIG MARK C. DUFFIE JOHN R. NINOSKY MICHAEL J. CASSIDY MELISSA PEEL GREEVY WADE D. MANLEY OHNSON i D-UFFIE ?L:?AGF'C I D. SIB:)VER - - . > I:. AH E. HOFINiAN LARO"LYN B. MCC LAIN JOHN A. LUCY ULYSSES S. WILSON ILZ1A A. PHILLIPS OF COi NSEL HORACE A. JOHI'SON C. ROY" WEIDNJER, JR. CONSTANCE P. BRUNT WRITER'S EXT. NO. 1136 E-MAIL eds(@jdsw. om 9171 9690 0935 0013 0717 73 Via Regular and Certified Mail Gary P. Herting 24 Seabreeze Lane Avalon, NJ 08202-1829 July 5, 2012 Re: Assured Land Transfers, Inc. v. P. Gary Herting Cumberland County Docket No.: 12-3328 Dear Mr. Herting: Enclosed herewith is a Complaint filed against you. Pursuant to Pennsylvania Rules of Civil Procedure, this mailing constitutes valid service upon you. If you have any questions concerning the enclosed Complaint, please have your counsel contact me. Very truly yours, JOHNSON, DUFFIE, STEWART & WEIDNER E DS: m I b: 504043 Enclosure 301 MARKET STREET P.O. BOX 109 LEMOYNE, PENNSYLVANIA 17043-0109 4WFWJDSWC0M 717.761.4540 FAX: 717.761.3015 MAIL@JDSW.COM JOHNSON, DUFFIE, STEWART & WEIDNER, P.C. EXHII B I T A UNfTFD STATES POSTAL SERVICE„ Date: 07/27/2012 MARCY BRYMESSER: The following is in response to your 07/27/2012 request for delivery information on your Certified Mail(TM) item number 7196 9009 3500 1307 1773. The delivery record shows that this item was delivered on 07/07/2012 at 09:36 AM in AVALON, NJ 08202. The scanned image of the recipient information is provided below. Signature of Recipient: ?d a !-1!/.?.-e, + Address of Recipient: xy Thank you for selecting the Postal Service for your mailing needs. If you require additional assistance, please contact your local Post Office or postal representative. Sincerely, United States Postal Service EXHII B I T B a(e o i. USPS.com(K - Track & Confirm Regiswf 1 Sign In English Customer Service tIGPS Mobile aus! s-co r+ , Search USPS.com or Track. Packages Quick Tools Ship a Package Send Mail Manage Your Mail Shop Business SolJtions Track & Confirm GET EMAIL UPDATES YOUR LABEL NUMBER SERVICE STATUS OF YOUR ITEM DATE & TIME 9171969009350013071773 First-Class Mail a Delivered July 07, 2012, 9:36 am Arrival at Unit July 07, 2012, 8,00 am Dispatched to Sort July 05,2012,5:15 pm Facility Acceptance July 05, 2012, 4:35 pm Electronic Shipping Info July 03, 2012 Received Check on Another Item What's your label (or receipt) number? LEGAL ON USPS.COM Privacy Policy r Government Services > Terms of Use > Buy Stamps & Shop > FOIA > Print a Label with Postage > No FEAR Act EEO Data, Customer Service > Site Index OTHER USPS SITES Business Customer Gateway, Postal Inspectors, Inspector General , Postal Explorer, ON ABOUT.USPS.COM About USPS Home Newsroom Mail Service Updates > Forms & Publications Careers > CopynghtC 22012 USPS. All Rights Reserved LOCATION FEATURES AVALON, NJ 08202 Expected Delivery By: July 6, 2012 Return Receipt Electronic CAPE MAY COURT HOUSE, NJ 08210 LEMOYNE, PA 17043 LEMOYNE, PA 17043 https://tools.usps.com/go/TrackConfimiAction_input?gtc_tLabels1=917196900935001307... 7/E tI IT B