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HomeMy WebLinkAbout12-6830METTE, EVANS & WOODSIDE Heather Z. Kelly, Esquire Attorney I.D. No. 86291 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 (717) 236-1816 (fax) hzkellygmette.com Attorney for Plaintiff METRO BANK, Plaintiff j ? 1 d - c7 ' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. : WILLIAM H. GOODLING and KELLY : DOCKET NO. lot -&8-2b eivitTetAl J. GOODLING, Defendants CONFESSION OF JUDGMENT Pursuant to the authority contained in the warrants of attorney, the original or a copy of which is attached to the Complaint filed in this action, I appear for the Defendants and confess judgment in favor of Plaintiff and against Defendants as follows: Principal: $135,810.64 Interest through 11/1/12: $5,660.57 Attorneys' Commission (10% of unpaid principal and interest): $14,147.12 Late Fees throujzh 11/1/12: $26,337.51 TOTAL $181,955.84 rv 4 x.00 PO ATly * Only reasonable attorney's fees will be collected by the attorney. Interest, fees and costs of this action continue to accrue. Respectfully submitted, Heather Z. Kelly, squire I.D No. 86291 Appearing herein for Defendants Mette, Evans & Woodside 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Telephone: (717) 232-5000 Date: November 6, 2012 METTE, EVANS & WOODSIDE Heather Z. Kelly, Esquire Attorney I.D. No. 86291 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 (717) 236-1816 (fax) hzkelly(c?,mette.com Attorney for Plaintiff METRO BANK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. WILLIAM H. GOODLING and KELLY DOCKET NO. Ci vilT of J. GOODLING, Defendants COMPLAINT IN CONFESSION OF JUDGMENT NOW COMES, Plaintiff, Metro Bank ("Plaintiff'), by its attorneys files the following Complaint in Confession of Judgment: 1. Plaintiff is a Pennsylvania state chartered bank with an address at 3801 Paxton Street, Harrisburg, PA 17111. 2. Defendants are William H. Goodling and Kelly J. Goodling, adult individuals who reside at 395 Allison Avenue, Mechanicsburg, PA, Cumberland County, 17055. 3. On January 13, 2010, Defendants executed a Promissory Note in favor of Plaintiff in the original principal amount of One Million One Hundred Thirty Eight Thousand Eight Hundred Thirty Two Dollars ($1,138,832.00), the terms of which were modified by three separate Change in Terms Agreements dated July 25, 2011, September 13, 2011 and November 17, 2011. True and correct copies of the Promissory Note and referenced Change in Terms Agreements are attached hereto as Exhibit "A," and referred to collectively as the "Note." 4. Defendants payment and performance obligations under the Note are secured by (1) an Open End Mortgage and Security Agreement dated January 13, 2010 encumbering property located at 500, 501, 502, 503, 504, 516 and 518 Dakemich Court, Enola, Cumberland County Pennsylvania; (2) an Open-End Mortgage and Security Agreement dated January 13, 2010 encumbering property located at 127-133, 137-139 and 143 N. 21St Street in Camp Hill, Cumberland County, Pennsylvania; and (3) an Open-End Construction Mortgage and Security Agreement encumbering property located at 505, 507, 509, 511, 513, 515, 517, and 519 Dakemich Court, Enola, Cumberland County, Pennsylvania. Each of the referenced Mortgages is recorded in the Cumberland County Recorder of Deeds Office. 5. Defendants have defaulted under the Note by failing to make payments when due and failing to make payment on demand. 6. The Note was executed in connection with a commercial transaction. 7. Judgment is not being entered by confession against a natural person in connection with a consumer credit transaction. 8. The Note has not been assigned. 9. Judgment has not been entered on the Note in any jurisdiction. 10. The warrants of attorney contained in the Note are less than twenty (20) years old. 11. The entire remaining indebtedness evidenced by the Note is due and payable, and Defendants' total indebtedness to Plaintiff as of November 1, 2012 is $181,955.84, computed as follows: Principal: $135,810.64 Interest through 11/1/12: $5,660.57 Attorneys' Commission (10% of unpaid principal and interest): $14,147.12 Late Fees through 11/1/12: $26,337.51 TOTAL $181,955.84 * Only reasonable attorney's fees will be collected by the attorney. Interest, fees and costs continue to accrue. WHEREFORE, on the basis of the confession of judgment provisions contained in the Note, Plaintiff demands judgment in its favor and against Defendants in the amount of $181,955.84, plus continuing interest, fees and costs. Respectfully submitted, Heather Z. Kell , squire I.D. No. 86291 Mette, Evans & Woodside 3401 North. Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Telephone: (717) 232-5000 Attorney for Plaintiff Date: November 6, 2012 VERIFICATION I, David M. Chajkowski, Assistant Vice President/Asset Recovery Officer at Plaintiff Metro Bank f/k/a Commerce Bank/Harrisburg, N.A., have read the foregoing Complaint in Confession of judgment and verify that the facts set forth therein are true and correct according to the best of my knowledge, information and belief, and that as an Assistant Vice President/Asset Recovery Officer I am authorized to execute this Verification on behalf of the Plaintiff. I understand that any false statement made herein is subject to the penalties of 18 Pa. C.S.A. §4904, relating to unworn falsification to authorities. G? G -Y David M. Chajkowski Assistant Vice President/ Asset Recovery Officer Dated: PAGE 493595A PROMISSORY NOTE Principal Loan Date Matorl qty Loan No Can / Cou Account Officer Initials $7,.138,832.00 01-13-2010 1 07-13-20-i l 3775650 992 References in the boxes above are for Lender's use or+'Y 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: Willem H. Goodling LB1,_ler: METRO BANK Kelly J. Goodling .,, COMMERCIAL MORTGAGE DEPARTMENT 395 Allison Avenue 3801,;PAXTON STREET Mechanicsburg, PA 17055 HARRISBURG, PA 17111 (,1!88) 937-0004 Principal Amount: $1,138,832.00 Date of Note: January 13, 2010 Maturity Date: July 13, 2011 PROMISE TO PAY. William H. Goodling and Kelly J. Gooding ("Borrower") jointly and severally promise. to pay to METRO BANK ("Lender"), or order, in )awful money of the United States of America, the principal amOult of One Milton One Hundred Thirty-eight Thousand Eight Hundred Thirty-two & 00/100 Dollars 01,138,832.00) or so much as may be outstanding, together with interee:t on the unpaid outstanding principal balance of each advance. Interest shall be calculated from the data of each advance until repayment of sec. h advance. PAYMENT. Borrower wig pay this loan In one payment of all outstanding principal plus all accrued unpaid irterest on July 13, 2011. In addition, Borrower will pay regular monthly payments of all accrued unpaid interest due as of each payment date, beginning February 13, 2010, with all subsequent interest payments to be due on the some day of each month after that. Unless othorwis a agreed or required by applicable law, payments will be applied first to any accrued unpaid Interest: then to principal; than to any unpaid colleG lion costs; and than to any late charges. Borrower wig pay Lender at Lender's address shown above or at such other place as Lender may designate In writing. VARIABLE INTEREST RATE. The Interest rate on this Note Is subject to change from time to time based on changes in an independent index which is the Prime Rate as published in the Money Rate Section of the Wall Street Journal Ithe "Index"). The Index is not necessarily the lowest rate charged by Lender on Its loans. If the Index becomes unavailable during the term of this loan, Lender may design0te a substitute index after notifying Borrower. Lender will tell Borrower the current Index rate upon Borrower's request. The interest rate change will not occur more often than each daily. Borrower understands that Lender may make loans based on other rates as well. The Index c;urrently b 3.250% per annum. Interest on the unpaid principal balance of this Note will be calculated as described In the "INTEREST CAL .CULATION METHOD" paragraph using a rate of 1.000 percentage point over the Index, adjusted if necessary for any minimum and maximum rat,9 limitations described below, resulting in an initial rate of 5.000% per annum based on a year of 360 days. NOTICE: Under no circumstances wit ! the interest rate on this Note be lose than 5.000% per annum or more than the maximum rate allowed by applicable law. INTEREST CALCULATION METHOD. Interest on this Note Is computed on a 3651360 basis; that is, by applying the ratio o.f the interest rate over a year of 360 days, multiplied by the outstanding principal balance, multipled by the actual number of days the pri- ncipal balance is outstanding. All interest payable under this Note is computed using this method. This calculation method results in a higher , effective interest rate than the numeric Interest rate stated in this Note. PREPAYMENT. Borrower agrees that all loan fees and other prepaid finance charges are earned fully as of the date of the loan and will not be subject to refund upon early payment (whether voluntary or as a result of default), except as otherwise required by law. L-xcept for the foregoing, Borrower may pay without penalty all or a portion of the amount owed earlier than it is due. Early payments will not, ur,Iless agreed to by Lender in writing, relieve Borrower of Borrower's obligation to continue to make payments of accrued unpaid interest. Ra`her, early payments will reduce the principal balance due. Borrower agrees not to send Lender payments marked "paid in full", "without recou'rse', or similar language. If Borrower sends such a payment, Lender may accept it without losing any of Lender's rights under this Note, and Bo,rrower will remain obligated to pay any further amount owed to Lender. All written communications concerning disputed amounts, including any c: heck or other payment instrument that Indicates that the payment constitutes "payment in full" of the amount owed or that is tendered with o,*.her conditions or limitations or as full satisfaction of a disputed amount must be mailed or delivered to: METRO BANK, LOAN SERVICING, 38is^1 PAXTON STREET HARRISBURG, PA 17111. INTEREST RESERVES. Borrower authorizes Lender to place $48,000.00 of the Principal Amount as an interest reserve, which is an estimate of the interest due on the Note ("Interest Reserve"). All interest payments shall be paid from the Interest Reserve. Lender may automatically deduct accrued unpaid interest from the interest Reserve. Interest will accrue, as described In this Note, on amounts deducted from the Interest Reserve. In the event the interest due under this Note exceeds the Interest Reserve, Borrower will pay accrued unpaid interest when due according to the terms of this Note, Upon maturity, Lender will not advance or disburse the remaining Interest Reserve, if any, to Borrower. The principal due upon maturity will not include any remaining Interest Reserve. LATE CHARGE. If a payment is 10 days or more late, Borrower will be charged 5.000% of the regularly scheduled payment. INTEREST AFTER DEFAULT. Upon default, including failure to pay upon final maturity, the interest rate on this Note shall be increased by adding a 4.000 percentage point margin ("Default Rate Margin"). The Default Rate Margin shall also apply to each succeeding interest rate change that would have applied had there been no default. If judgment is entered in connection with this Note, interest will continue to accrue after the date of judgment at the rate in effect at the time judgment is entered. However, In no event will the interest rate exceed the maximum interest rate limitations under applicable law. DEFAULT. Each of the following shall constitute an event of default ('Event of Default") under this Note: Payment Default. Borrower fails to make any payment when due under this Note. Other Defaults. Borrower fails to comply with or to perform any other term, obligation, covenant or condition contained in this Note or in any of the related documents or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement between Lender and Borrower. Default in Favor of Third Parties. Borrower or any Grantor defaults under any loan, extension of credit, security agreement, purchase or sales agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of Borrower's property or Borrower's ability to repay this Note or perform Borrower's obligations under this Note or any of the related documents. Environmental Default. Failure of any party to comply with or perform when due any term, obligation, covenant or condition contained in any environmental agreement executed in connection with any loan. False Statements. Any warranty, representation or statement made or furnished to Lender by Borrower or on Borrower's behalf under this Note or the related documents is false or misleading in any material respect, either now or at the time made or furnished or becomes false or misleading at any time thereafter. PROMISSORY NOTE Loan No: 3775650 (Continued) Page 2 Death or Insolvency. The death of Borrower or the dissolution or termination of Borrower's existence as a going business, the insolvency of Borrower, the appointment of a receiver for any part of Borrower's property, tiny assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Borrower. Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, repossession or any other method, by any creditor of Borrower or by any governmental agency against any collateral securing the loan. This Includes a garnishment of any of Borrower's accounts, including deposit accounts, with Lender. However, this Event of Default shall not apply if there is a good faith dispute by Borrower as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Borrower gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute. Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party of any of the Indebtedness or any guarantor, endorser,. surety, or accommodation parry dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any guaranty of the indebtedness evidenced by this Note. Adverse Change. A material adverse change occurs in Borrower's financial condition, or Lender believes the prospect of payment or performance of this Note is impaired. Insecurity. Lender in good faith believes itself insecure. Cure Provisions. If any default, other then a default in payment is curable and if Borrower has not been given a notice of a breach of the same provision of this Note within the preceding twelve (12) months, It may be cured if Borrower, after Lender sends written notice to Borrower demanding cure of such default: • 01 cures the default within fifteen (15) days; or (2) if the cure requires more than fifteen (15) days, Immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. LENDER'S RIGHTS. Upon default, Lender may, after giving such notices as required by applicable law, declare the entire unpaid principal balance under this Note and all accrued unpaid interest immediately due, and then Borrower will pay that amount. ATTORNEYS' FEES; EXPENSES. Lender may hire or pay someone else to help collect this Note if Borrower does not pay. Borrower will pay Lender that amount. This includes, subject to any limits under applicable law, Lender's reasonable attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit, including reasonable attorneys' fees, expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), and appeals. If not prohibited by applicable law, Borrower also will pay any court costs, in addition to all other sums provided by law. JURY WAIVER. Lender and Borrower hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by either Lender or Borrower against the other. GOVERNING LAW. This Note will be governed by federal law applicable to Lender and, to the extent not preempted by federal law. the laws of the Commonwealth of Pennsylvania without regard to its conflicts of law provisions. This Note has been accepted by Lender in the Commonwealth of Pennsylvania. RIGHT OF SETOFF. To the extent permitted by applicable law, Lender reserves a right of setoff in all Borrower's accounts with Lender (whether checking, savings, or some other account). This includes all accounts Borrower holds jointly with someone else and all accounts Borrower 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. Borrower authorizes Lender, to the extent permitted by applicable low, to charge or setoff all sums owing on the indebtedness against any and all such accounts. COLLATERAL. Borrower acknowledges this. Note Is secured by the following collateral described In the security Instruments listed herein: IA) a Construction Mortgage dated January 13, 2010, to Lender on real property described as 'Real Property located at 505, 507, 509, 511, 513, 515, 517, and 518 Dakemich Court, Enols, PA. 17025' and located in Cumberland County, Commonwealth of Pennsylvania. (B) an Open-End Mortgage dated January 13, 2010, to Lender on real property described as "Real Property located at 500, 501, 502, 503, 504, 516 and 518 Dakemich Court, Enola, PA 17025' and located in Cumberland County, Commonwealth of Pennsylvania. (C) an Open-End Mortgage dated January 13, 2010, to Lender on real property described as 'Real Properly located at 127-133, 137-139 and 143 North 21 st Street, Camp Hill, PA 17011 " and located in Cumberland County, Commonwealth of Pennsylvania. PROPERTY INSURANCE. Borrower understands that Borrower Is required to obtain Insurance for the collateral securing this Note. Further Information concerning this requirement Is set forth in the Mortgage and In the Agreement to Provide Insurance, all the terms and conditions of which are hereby Incorporated and made a part of this Note. LINE OF CREDIT. This Note evidences a straight line of credit. Once the total amount of principal has been advanced, Borrower is not entitled to turther loan advances. Borrower agrees to be liable for all sums either: (A) advanced in accordance with the Instructions of an authorized person or (BI credited to any of Borrower's accounts with Lender. The unpaid principal balance owing on this Note at any time may be evidenced by endorsements on this Note or by Lender's internal records, including daily computer print-outs. POST CLOSING COMPLIANCE. Borrower agrees to execute, re-execute, cause a Guarantor(s) or other third party(les) involved in the loan transaction to execute and/or re-execute and to deliver to Lender or its legal counsel, as may be deemed appropriate, any document or instrument signed in connection with the Loan which was incorrectly drafted and/or signed, as well as any document or instrument which should have been signed at or prior to the closing of the Loan, but which was not so signed and delivered. Borrower agrees to comply with any written request by Lender within ten (10) days after receipt, by Perrower of such request. Failure to Borrower to so comply shall, at the option of Lender, upon notice to Borrower, constitute an event of default under the Loan. COMMITMENT LETTER COMPLIANCE.. This loan is contingent upon Borrower's compliance with all of the terms and conditions in the commitment letter issued by Lender to Borrower on or about January 13, 2010. Upon breach of any term of condition therein Lender shall have the right to declare this loan in default and-.demand payment In full of the principal balance remaining unpaid, together with ail Interest, which shall have accrued thereon. . ADDITIONAL PROVISIONS. 1) Copy of approved final land development plan. 2) Copy of detailed project cost budget. 3) Copy of building permits. SUCCESSOR INTERESTS. The terms of this Note shall be binding upon Borrower, and upon Borrower's heirs, personal representatives, successors and assigns, and shall inure to the benefit of Lender and its successors and assigns. NOTIFY US OF INACCURATE INFORMATI' /E REPORT TO CONSUMER REPORTING AGENC' Please notify us it we report any inaccurate information about your account(s) to a cons or reporting agency. Your written notice describe he specific inaccurecyfies) should be sent to PROMISSORY NOTE Loan No: 3775650 (Continued) us at the following address: METRO BANK LOAN SERVICING 3801 PAXTON STREET HARRISBURG, PA 17111. Page 3 GENERAL PROVISIONS. If any part of this Note cannot be enforced, this fact will not affect the rest of the Note. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them. Each Borrower understands and agrees that, with or without notice to Borrower, Lender may with respect to any other Borrower (a) make one or more additional secured or unsecured loans or otherwise extend additional credit, (b) alter, compromise, renew, extend, accelerate, or otherwise change one or more times the time for payment or other terms of any indebtedness, including increases and decreases of the rate of Interest on the indebtedness; (c) exchange, enforce, waive, subordinate, fall or decide not to perfect, and release any security, with or without the substitution of new collateral; (d) apply such security and direct the order or manner of sale thereof, including without limitation, any non-Judicial sale permitted by the terms of the controlling security agreements, as Lender in its discretion may determine; (e) release, substitute, agree not to sue, or deal with any one or more of Borrower's sureties, endorsers, or other guarantors on any terms or In any manner Lender may choose; and (f) determine how, when and what application of payments and credits shall be made on any other indebtedness owing by such other Borrower, Borrower and any other person who signs, guarantees or endorses this Note, to the extent allowed by law, waive presentment, demand for payment, and notice of dishonor. Upon any change in the terms of this Note, and unless otherwise expressly stated In writing, no party who signs this Note, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew or Wend (repeatedly and for any length of time) this loan or release any party or guarantor or collateral; or Impair, fail to realize upon or perfect Lender's security interest in the collateral; and take any other action deemed necessary by Lender without the consent of or notice to anyone. All such parties also agree that Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modification is made. The obligations under this Note are joint and several. If any portion of this Note is for any reason determined to be unenforceable, it will not affect the enforceability of any other provisions of this Note. CONFESSION OF .JUDGMENT. BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR BORROWER AFTER A DEFAULT UNDER THIS NOTE AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST BORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THIS NOTE AND ALL ACCRUED INTEREST, LATE CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THIS NOTE, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT 00%) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS ($500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING, THIS NOTE OR A COPY OF THIS NOTE VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS NOTE TO CONFESS JUDGMENT AGAINST BORROWER SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS NOTE. BORROWER HEREBY WAIVES ANY RIGHT BORROWER MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO BORROWER'S ATTENTION OR BORROWER HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL. PRIOR TO SIGNING THIS NOTE, EACH BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. EACH BORROWER AGREES TO THE TERMS OF THE NOTE. BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE. THIS NOTE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS NOTE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDIN TO LAW. BORROWER: X al) With H. Goodling LASER PRO L ftj, v.. L41.10m1 Cw. KWl W RR.,.W saW.R., M.. IM. 20106 Al Rgha R..r.a • Ns S 1CRUruo20.Pc TFM21117 PW20 DISCLO. JRE FOR CONFESSION OF J. )GMENT Principal Loan Date Maturity Loan No Cali I Coll Account Officer Initials $ 1,138,832.00 01-13-2010 07-13-2011 3775650 992 References in the boxes above are for Lender's 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. Gooding Kelly J. Gooding 395 Allison Avenue Mechanicsburg, PA 17055 Lender: METRO BANK COMMERCIAL MORTGAGE DEPARTMENT 3801 PAXTON STREET HARRISBURG, PA 17111 (888) 937-0004 Declarant: William H. Gooding 395 Allison Avenue Mechanicsburg, PA 17055 DISCLOSURE FOR CONFESSION OF JUDGMENT I AM EXECUTING, THIS DAY OF ?.! 20_, A PROMISSORY NOTE FOR $1,138,832.00 OBLIGATING ME TO REPAY THAT AMOUNT. A. 1 UNDERSTAND THAT THE NOTE CONTAINS A CONFESSION OF JUDGMENT PROVISION THAT WOULD PERMIT LENDER TO ENTER JUDGMENT AGAINST ME IN COURT, AFTER A DEFAULT ON THE NOTE, WITHOUT ADVANCE NOTICE TO ME AND WITHOUT OFFERING ME AN OPPORTUNITY TO DEFEND AGAINST THE ENTRY OF JUDGMENT. IN EXECUTING THE NOTE, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND TO A HEARING TO CONTEST THE VALIDITY OF ANY JUDGMENT OR OTHER CLAIMS THAT LENDER MAY ASSERT AGAINST ME UNDER THE NOTE, I AM KNOWINGLY, INTELLIGENTLY, AND VOLUNTARILY WAIVING THESE RIGHTS, INCLUDING ANY RIGHT TO ADVANCE NOTICE OF THE ENTRY OF JUDGMENT, AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S ENTERING JUDGMENT AGAINST ME BY CONFESSION AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT PROVISION. INITIALS: r" B. 1 FURTHER UNDERSTAND THAT IN ADDITION TO GIVING LENDER THE RIGHT TO ENTER JUDGMENT AGAINST ME WITHOUT ADVANCE NOTICE OR A HEARING, THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE ALSO CONTAINS LANGUAGE THAT WOULD PERMIT LENDER, AFTER ENTRY OF JUDGMENT, AGAIN WITHOUT EITHER ADVANCE NOTICE OR A HEARING, TO EXECUTE ON THE JUDGMENT BY FORECLOSING UPON, ATTACHING, LEVYING ON, TAKING POSSESSION OF OR OTHERWISE SEIZING MY PROPERTY, IN FULL OR PARTIAL PAYMENT OF THE JUDGMENT. IN EXECUTING THE NOTE, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND A HEARING AFTER JUDGMENT IS ENTERED AND BEFORE EXECUTION ON THE JUDGMENT, 1 AM KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY WAIVING THESE RIGHTS, AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S IMMEDIATELY EXECUTING ON THE JUDGMENT IN ANY MANNER PERMITTED BY APPLICABLE STATE AND FEDERAL LAW, WITHOUT GIVING ME ANY ADVANCE NOTICE. INITIALS:. C. AFTER HAVING READ AND DETERMINED WHICH OF THE FOLLOWING STATEMENTS ARE APPLICABLE, BY INITIALING EACH STATEMENT THAT APPLIES, I REPRESENT THAT: INITIALS C / 1. 1 WAS REPRESENTED BY MY OWN INDEPENDENT LEGAL COUNSEL IN CONNECTION WITH THE NOTE. 2. A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE TO MY ATTENTION. D. I CERTIFY THAT MY ANNUAL INCOME EXCEEDS $10,000; THAT THE BLANKS IN THIS DISCLOSURE WERE FILLED IN WHEN I INITIALED AND SIGNED IT; AND THAT I RECEIVED A COPY AT THE TIME OF SIGNING. THIS DISCLOSURE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS DISCLOSURE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. DECLARANT: X. (Seal) William H. Gooding WrAMDt ft0.v..5.49.WW1 C.W. FWIr.+ti..ri.i a?w.... Y". 1917.201a NR#MA. - -M t;:CAUPLW3MFC T94=7 MID DISCLO ,IRE FOR CONFESSION OF J .)GMENT Principal Loan Date 1 Maturity Loan No Can / Coll Account Officer Initials $1,138,832.00 01-13-2010 07-13-2011 3775650 992 References in the boxes above are for Lender's use only and do not limit the applicability of this document to any particular loan ar item. Any item above containing " * `" has been omitted due to text length limitations. Borrower: William H. Goodling Lender: METRO BANK Kelly J. Goodnng COMMERCIAL MORTGAGE DEPARTMENT 395 Allison Avenue 3801 PAXTON STREET Mechanicsburg, PA 17055 HARRISBURG, PA 17111 (888) 937-0004 Declarant: Kelly J. Goodling 395 Allison Avenue Mechanicsburg, PA 17055 DISCLOSURE FOR CONFESSION OF JUDGMENT I AM EXECUTING, THIS 13 DAY OF 20_LQ , A PROMISSORY NOTE FOR $1,138,832.00 OBLIGATING ME TO REPAY THAT AMOUNT. A. i UNDERSTAND THAT THE NOTE CONTAINS A CONFESSION OF JUDGMENT PROVISION THAT WOULD PERMIT LENDER TO ENTER JUDGMENT AGAINST ME IN COURT, AFTER A DEFAULT ON THE NOTE, WITHOUT ADVANCE NOTICE TO ME AND WITHOUT OFFERING ME AN OPPORTUNITY TO DEFEND AGAINST THE ENTRY OF JUDGMENT. IN EXECUTING THE NOTE, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND TO A HEARING TO CONTEST THE VALIDITY OF ANY JUDGMENT OR OTHER CLAIMS THAT LENDER MAY ASSERT AGAINST ME UNDER THE NOTE, I AM KNOWINGLY, INTELLIGENTLY, AND VOLUNTARILY WAIVING THESE RIGHTS, INCLUDING ANY RIGHT TO ADVANCE NOTICE OF THE ENTRY OF JUDGMENT, AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S ENTERING JUDGMENT AGAINST ESSION AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT PROVISION. INITIALS: . B. I FURTHER UNDERSTAND THAT IN ADDITION TO GIVING LENDER THE RIGHT TO ENTER JUDGMENT AGAINST ME WITHOUT ADVANCE NOTICE OR A HEARING, THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE ALSO CONTAINS LANGUAGE THAT WOULD PERMIT LENDER, AFTER ENTRY OF JUDGMENT. AGAIN WITHOUT EITHER ADVANCE NOTICE OR A HEARING, TO EXECUTE ON THE JUDGMENT BY FORECLOSING UPON. ATTACHING, LEVYING ON, TAKING POSSESSION OF OR OTHERWISE SEIZING MY PROPERTY, IN FULL OR PARTIAL PAYMENT OF THE JUDGMENT. IN EXECUTING THE NOTE, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND A HEARING AFTER JUDGMENT IS ENTERED AND BEFORE EXECUTION ON THE JUDGMENT, I AM KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY WAIVING THESE RIGHTS, AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S IMMEDIATELY EXECUTING ON THE JUDGMENT IN ANY MANNER PE BY APPLICABLE STATE AND FEDERAL LAW, WITHOUT GIVING ME ANY ADVANCE NOTICE. INITIALS: C. AFTER HAVING READ AND DETERMINED WHICH OF THE FOLLOWING STATEMENTS ARE APPLICABLE, BY INITIALING EACH STATEMENT THAT APPLIES, I REPRESENT THAT: 1. I WAS REPRESENTED BY MY OWN INDEPENDENT LEGAL COUNSEL IN CONNECTION WITH THE NOTE. 2. A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE TO MY ATTENTION. D. i CERTIFY THAT MY ANNUAL INCOME EXCEEDS $10,000; THAT THE BLANKS IN THIS DISCLOSURE WERE FILLED IN WHEN I INITIALED AND SIGNED IT: AND THAT i RECEIVED A COPY AT THE TIME OF SIGNING. THIS DISCLOSURE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS DISCLOSURE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. DECLARANT: X (Seal) K Ily J. un90 M3 Lmd q, V- 9.68. 10.ODI C,w. IbbN ft, l 3d,W,A M. 1907. 7010. AN Now 11„rwd. • PA S.WARIV WD70.F4 7130787 1F20 CHANGE IN TERMS AGREEMENT Principal Loan Date Maturity Loan No can /Coil Account Officer Initta)s $1,009,348.86 01-13-2010 10-13-2011 3775650 992 References in the boxes above are for Lender's use only and do not limit the applicability of this document to any particular loan Or item. Any item above containing " " has bow omitted flue to text IWVth amantions. Sorrower: William H. Goodiinp Lander. Metro Bank Kelly J. GoodYng Comtnerdol Mortgage Department 395 Afton Avenue 3801 Paxton Street Mac hanicsburg, PA 17055 Harrisburg, PA 17111 (888) 937-0004 Principal Amount: $1,009,348.86 . Date of Agreement: July 25, 2011 DESCRIPTION OF EXISTING INDEBTEDNESS. Refer to the Promissory Note dated January 13, 2010. DESCRIPTION OF COLLATERAL Refer to the Security Documents dated January 13, 2010. DESCRIPTION OF CHANGE IN TERMS. The maturity date for the above-referenced loan is hereby extended from July 13, 2011 to October 13, 2011. This Change in Terms Agreement is deemed to have been effective as of July 13, 2011. CONTINUING VALIDITY. Except as expressly. changed by Ahis Agreem ant, the terms. of the original obligation or obligations, including all agreements evidenced or securing the obligation(s), remain unchanged and in full farce and effecL Consent by Lender to this Agreement does not waive Lender's right to strict performance of the obligation(s) as changed, nor obligate Lander to make any future change in terms. Nothing In this Agreement will Constitute a satisfaction of the obligation(s). It is the intention of Lender to retain as liable parties all makers and endorsers of the original obllgatlon(s), including accommodation parties, unless a parry Is expressly released by Lender In writing. Any maker or endorser, including accommodation makers, will not be released by virtue of this Agreement If any person who signed the original obligation does not sign this Agreement below, then all persons signing below acknowledge that this Agreement is given conditionally, based on the representation to Lander that the non-signing party consents to the changes and provisions of this Agreement or otherwise will not be released by k. This waiver applies not only to any Initial extension, modification or release, but also to all such subsequent actions. CONFESSION OF JUDGEMENT. BORROWER AGREES THAT THE CONFESSION OF JUDGMENT CLAUSE CONTAINED IN THE NOTE DATED JANUARY 13, 2010, REMAINS IN FULL FORCE AND EFFECT AND LENDERS RIGHTS THEREUNDER CONTINUE WITH THE SIGNING OF THIS CHANGE IN TERMS AGREEMENT. THE DISCLOSURE FOR CONFESSION OF JUDGMENT DATED JANUARY 13, 2010 REMAINS IN FULL FORCE AND EFFECT AND IS DEEMED TO BE REAFFIRMED WITH THE SIGNING OF THIS CHANGE IN TERMS AGREEMENT. BOTH THE NOTE AND THE DISCLOSURE FOR CONFESSION OF JUDGMENT ARE ATTACHED HERETO AS EXHIBIT A. 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. PRIOR TO SIGNING THIS AGREEMENT, EACH BOWWWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT. EACH BORROWER AGREES TO THE TERMS OF THE AGREEMENT. BORR X __S8ea1) X. . Go'odUng 1N?! "10 LnndYg Wr. i.6/.OO.OW CnPd /IM-I/ Ald?l Ya11Mwr. Ind iN7. A11. N FINO& F -IqL • PA CHANGE IN TERMS AGREEMENT Principal Loan Date Maturity Loan No A can I Con Atxaunt Ir Initials $1,009, 348.86 01-13-2010 11-13-2011 3775650 g92 2 References in the boxes above are for Lender's use onf and do not limit the applicability of this document to any particular loan or item. A item above containing '- has been omitted due to text length limitations. Borrower: William H. Gooding Lender: Metro Bank Kelly J. Goodlin Mortgage Department 395 ison Avenue 301 Paxton treet Mechanicsburg, PA 17055 Harrisburg, PA 17111 (888) 937-0004 Principal Amount: $1,009,346.86 Date of Agreement: September 13, 2011 DESCRIPTION OF EXISTING INDEBTEDNESS. Refer to the Promissory Note dated January 13, 2010. DESCRIPTION OF COLLATERAL. Refer to the Security Documents dated January 13, 2010. DESCRIPTION OF CHANGE IN TERMS. The maturity date for the above-raferenced loan is hereby extended from October 13, 2011 to November 13, 2011. CONTINUING VALIDITY. Except as expressly changed by this Agreement, the terms of the original obligation or obligations, Including all agreements evidenced or securing the obligation(s), remain unchanged and in full force and effect. Consent by Lender to this Agreement does not waive Lender's right to strict performance of the obligation(s) as changed, nor obligate Lender to make any future change in terms. Nothing in this Agreement will constitute a satisfaction of the obligation(s). It is the intention of Lender to retain as liable parties all makers and bridorsers of the original obligation(s), including accommodation parties, unless a party is expressly released by Lender in writing. Any maker or endorser, including accommodation makers, will not be released by virtue of this Agreement. If any person who signed the original obligation does not sign this Agreement below, then all persons signing below acknowledge that this Agreement is given conditionally, based on the representation to Lender that the no"gning party consents to the changes and provisions of this Agreement or otherwise will not be released by it. This waiver applies not only to any initial extension, modification or release, but also to all such subsequent actions, CONFESSION OF JUDGEMENT. BORROWER AGREES THAT THE CONFESSION OF JUDGMENT CLAUSE CONTAINED IN THE NOTE DATED JANUARY 13, 2010, REMAINS IN FULL FORCE AND EFFECT AND LENDER'S RIGHTS THEREUNDER CONTINUE WITH THE SIGNING OF THIS CHANGE IN TERMS AGREEMENT. THE DISCLOSURE FOR CONFESSION OF JUDGMENT DATED JANUARY 13, 2010 REMAINS IN FULL FORCE AND EFFECT AND IS DEEMED TO BE REAFFIRMED WITH THE SIGNING OF THIS CHANGE IN TERMS AGREEMENT. BOTH THE NOTE AND THE DISCLOSURE FOR CONFESSION OF JUDGMENT ARE ATTACHED HERETO AS EXHIBIT A. 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. PRIOR TO SIGNING THIS AGREEMENT, EACH BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT, EACH BORROWER AGREES TO THE TERMS. OF THE AGREEMENT. BORROW X Seal} William H. Goodling IASM MO L.MR} W. "7=.W4 OW. K. WW FOMCM Scuba I IAI. Ton. N mo. Rr • M S:Pi7SP=c I %AANGE IN TERMS AGREEM&., rnnclpal Loan gate Maturity Loan No cast 1 Cat Account ofticer Initials X1,009,348.86 01-13-,2010 101-13-20121 3775650 997 References in the boxes above ere for Lender's use;ML"dO not limit the applicability of this document to any partlcuiar loan or Any A item above oorrtabn has been om due to taxd le fimitations. Borrower Wtitiam H. Goodkg Lender. Metro Be!* Kelly J. Goodllrg Akan Avenue =M= 395 =M= Yechanlm&M PA 17055 Hsrrkbury, PA 17111 Delpertment (8118) 937-0004 Principal Amount: $1,009,348.86 Date of AgreenLent: November 17, 2011 DESCRIPTION OF SUSTIING NDEBT EDNESS. Refer to the Promissory Note dated January 13, 2010. DESCRIPTION OF COLLATERAL Refer to the Security Documents dated January 13, 2010. DESCRIPTION OF CRANE IN TERNS. The maturity date for the above-referenced loan is hereby extended from November 13, 2011 to January 13, 2012. This Charge In Terns Agreement Is deemed to be effective as of November 13, 2011. CONTMING VALIDITY. Except as aWessly drooped by this Agreerreent, the terms of the original obligation or obfigations, Including al sgreernw* evidenced or securing the a Ration(s), remain unctauved and In full force and ellac•.L Consent by lender tD this Agreement does not waive Lender's rigt to strict perfo race of the ob4pdion(s) as dw pad. nor ablpats Lender to make any future dsrge in tarns. Nothing in this Agreement will constitute a satisfaction of the obilpabon(s). It Is the Intention ct Lender to retake as liable parties all eskers and endorsers of the original obligation(s), kxkm* g accommodation parties, unless a party Is m pule released by Lander in writing. Any melcer or endorser, Including aommwdedon matters, wtil not be released by vftw of this Agreement. 9 any person who signed the original o ftatlon does not sign this Agreement bebw, then al persons sign bV below admowkdge stud this Agreement is given aorditfonely, based on the rsp vaentedw to Lender that the non44grdng party consents to the ctsngea and provisions of sits Agreement or otherwise will not be released by IL This waiver applies not orgy to any ktriial extension, modification or release, but also to all such subsequent actions. CONFESSION OF JLEGEMIENT. BORROWER AGREES THAT THE CONFESSION OF JUDGMENT CLAUSE CONTAINED IN THE NOTE DATED JANUARY 13, 2010, REMAINS IN FULL FORCE AND EFFECT AND LENDERS RIGHTS THEREUNDER CONTINUE MTN THE SKIING OF THIS CHANGE IN TERMS AGREEMENT. THE DISCLOSURE FOR CONFESSION OF JUDGMENT DATED JANUARY 13. 2010 REMAINS IN FULL FORCE AND EFFECT AND IS DEEMED TO BE REAFFIRMED WITH THE SIGNING OF THS CHANGE IN TERMS AGREEMENT. BOTH THE NOTE AND THE DISCLOSURE FOR CONFESSION OF JUDGMENT ARE ATTACHED HERETO AS EXHIBIT A. THIS AGREEMENT LS G M91 UNDER SEN. AND IT IS KTENDED EFFECT OF A SEAM MSTRMIEIT ACCORDING TO LAIN. PRIOR TO 4MMQ THIS AGREEMENT, EACH 80111ROWER READ B0RROMI58RRIIACREE8 THE TERNS OF THE AGREE#>?tT. 'GooftV N"MAI m . THAT THIS AGREEMENT N AND SHALL CONSTITUTE AND HAVE THE AND UNDERSTOOD ALL THE PROVISIONS OF THM AGREEMENT. EACH UIitMLOWLVM5 MMOgs. 11WYRMMY LYbMrY670i..7Mt MRM"RM,,..C-M SA0"LR==M 7444 R,7p0 METTE, EVANS & WOODSIDE Heather Z. Kelly, Esquire Attorney I.D. No. 86291 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 (717) 236-1816 (fax) hzkel ly_(2mette.com Attorney for Plaintiff METRO BANK, Plaintiff a 5 ' om =' - t c? -0 2d C.') r'j C.a _.t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. WILLIAM H. GOODLING and KELLY DOCKET NO. /07- &830 0iVi(Terpi J. GOODLING, Defendants Certificate of Address I hereby certify that the Defendants maintain a residential address at: William H. Goodling 395 Allison Avenue Mechanicsburg, PA 17055 Date: November 6, 2012 Kelly J. Goodling 395 Allison Avenue Mechanicsburg, PA 17055 Respectfully submitted, Heather Z. Kelly, Nuire I.D. No. 86291 Mette, Evans & Woodside 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Telephone: (717) 232-5000 Attorney for Plaintiff 4 C ? METTE, EVANS & WOODSIDE ° d F" Heather Z. Kelly, Esquire rn Attorney I.D. No. 86291 3401 North Front Street s -p P.O. Box 5950 Harrisburg, PA 17110-0950 v (717) 232-5000 (717) 236-1816 (fax) hzkellygmette.com Attorney for Plaintiff METRO BANK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. WILLIAM H. GOODLING and KELLY DOCKET NO. /02 Co830 ?i Ut I IiOW J. GOODLING, Defendants AFFIDAVIT OF NON-MILITARY SERVICE I am the attorney for Metro Bank and according to the best of my information and belief, the Defendants are adult individuals and are not in the United States Military Service. William H. Goodling Kelly J. Goodling 395 Allison Avenue 395 Allison Avenue Mechanicsburg, PA 17055 Mechanicsburg, PA 17055 Respectfully submitted, -b? 4'ZA?- 2 YPAI-- Heather Z. Kelly, Es ire I.D. No. 86291 Mette, Evans & Woodside 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Telephone: (717) 232-5000 Attorney for Plaintiff Date: November 6, 2012 METTE, EVANS & WOODSIDE Heather Z. Kelly, Esquire Attorney I.D. No. 86291 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 (717) 236-1816 (fax) hzkelly2mette.com Attorney for Plaintiff METRO BANK, Plaintiff V. WILLIAM H. GOODLING and KELLY J. GOODLING, Defendants tT? t-rt ? --o rte; Z C:: i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. la-1,06-30 0iv,) Tr#t Notice Under Pa R.C.P. 2958.1 Of Judgment And Execution Thereon Notice of Defendant's Rights TO: William H. Goodling 395 Allison Avenue Mechanicsburg, PA 17055 A judgment in the amount of $181,955.84 has been entered against you in favor of the plaintiff without any prior notice or hearing, based on a confession of judgment contained in a written agreement or other paper allegedly signed by you. The sheriff may take your money or other property to pay the judgment at any time after thirty (30) days after the date on which this notice is served on you. You may have legal rights to defeat the judgment or to prevent your money or property from being taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 1-800-990-9108 Respectfully submitted, &AA-p-, -?' && Heather Z. Kelly, Esquire I.D. No. 86291 Mette, Evans & Woodside 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Telephone: (717) 232-5000 Attorney for Plaintiff Date: November 6, 2012 METTE, EVANS & WOODSIDE Heather Z. Kelly, Esquire Attorney I.D. No. 86291 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 (717) 236-1816 (fax) hzkelly(kmette.com Attorney for Plaintiff METRO BANK, Plaintiff } rm C F1F ] 'v vM Vic:, t?cx r= C." M : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 1,8310 elvIRRI* WILLIAM H. GOODLING and KELLY : DOCKET NO. /off ` J. GOODLING, Defendants Notice Under Pa R.C.P. 2958.1 Of Judgment And Execution Thereon Notice of Defendant's Rights TO: Kelly J. Goodling 395 Allison Avenue Mechanicsburg, PA 17055 A judgment in the amount of$181,955.84 has been entered against you in favor of the plaintiff without any prior notice or hearing, based on a confession of judgment contained in a written agreement or other paper allegedly signed by you. The sheriff may take your money or other property to pay the judgment at any time after thirty (30) days after the date on which this notice is served on you. You may have legal rights to defeat the judgment or to prevent your money or property from being taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 1-800-990-9108 Respectfully submitted, Heather Z. Kelly, squire I.D. No. 86291 Mette, Evans & Woodside 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Telephone: (717) 232-5000 Attorney for Plaintiff Date: November 6, 2012 METTE, EVANS & WOODSIDE Heather Z. Kelly, Esquire Attorney I.D. No. 86291 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 (717) 236-1816 (fax) hzkellykmette.com Attorney for Plaintiff METRO BANK, Plaintiff V. WILLIAM H. GOODLING and KELLY J. GOODLING, Defendants M d -' :f { :;I J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. /02 - A-90 (.:l V' NOTICE UNDER 42 Pa. C.S.A. 2737.1 OF RIGHT TO RECOVER ATTORNEY FEES AND COSTS AND PROCEDURE TO FOLLOW TO STRIKE OFF OR OPEN A CONFESSED JUDGMENT TO: William H. Goodling 395 Allison Avenue Mechanicsburg, PA 17055 Pursuant to 42 Pa.C.S.A. 273 you are hereby notified that a debtor who has been incorrectly identified and had a confession of judgment entered against him shall be entitled to costs and reasonable attorney fees as determined by the court. Pursuant to 42 Pa.C.S.A. § 273 you are hereby notified of the instructions regarding the procedure to follow to strike off or open a confessed judgment under Pennsylvania Rule of Civil Procedure 2959, which is reproduced in full, on the following page. Respectfully submitted, Heather Z. Kelly, quire I.D. No. 86291 Mette, Evans & Woodside 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Telephone: (717) 232-5000 Attorney for Plaintiff Date: November 6, 2012 PENNSYLVANIA RULE OF CIVIL PROCEDURE 2959 STRIKING OFF OR OPENING JUDGMENT; PLEADINGS AND PROCEDURE (a)(1) Relief from a judgment by confession shall be sought by petition. Except as provided in subparagraph (2), all grounds for relief whether to strike off the judgment or to open it must be asserted in a single petition. The petition may be filed in the county in which the judgment was originally entered, in any county to which the judgment has been transferred or in any other county in which the sheriff has received a writ of execution directed to the sheriff to enforce the judgment (2) The ground that the waiver of the due process rights of notice and hearing was not voluntary, intelligent and knowing shall be raised only (i) in support of a further request for a stay of execution where the court has not stayed execution despite the timely filing of a petition for relief from the judgment and the presentation of prima facie evidence of a defense; and (ii) as provided by Rule 2958.3 or Rule 2973.3. (3) If written notice is served upon the petitioner pursuant to Rule 2956.1(c)(2) or Rule 2973.1(c), the petition shall be filed within thirty days after such service. Unless the defendant can demonstrate that there were compelling reasons for the delay, a petition not timely filed shall be denied. (b) If the petition states prima facie grounds for relief the court shall issue a rule to show cause and may grant a stay of proceedings. After being served with a copy of the petition the plaintiff shall file an answer on before the return day of the rule. The return day of the rule shall be fixed by the court by local rule or special order. (c) A party waives all defenses and objections which are not included in the petition or answer. (d) The petition and the rule to show cause and the answer shall be served as provided in Rule 440. (e) The court shall dispose of the rule on petition and answer, and on any testimony, depositions, admissions and other evidence. The court for cause shown may stay proceedings on the petition insofar as it seeks to open the judgment pending disposition of the application to strike off the judgment. If evidence is produced which in a jury trial would require the issues to be submitted to the jury, the court shall open the judgment. (f) The lien of the judgment or of any levy or attachment shall be preserved while the proceedings to strike off or open the judgment are pending. (g) (1) A judgment shall not be stricken or opened because of a creditor's failure to provide a debtor with instructions imposed by an existing statute, if any, regarding procedures to follow to strike a judgment or regarding any rights available to an incorrectly identified debtor. (2) Subdivision (g)(1) shall apply to (1) judgment entered prior to the effective date of a subdivision (g) which have not been stricken or opened as of the effective date and (2) judgment entered on or after the effective date. METTE, EVANS & WOODSIDE Heather Z. Kelly, Esquire Attorney I.D. No. 86291 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 (717) 236-1816 (fax) hzkelly_@mette.com Attorney for Plaintiff METRO BANK, Plaintiff C a ? C c n D c-a - CD IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. WILLIAM H. GOODLING and KELLY DOCKET NO. l a`I - &mo Clvll-fc-fth J. GOODLING, Defendants NOTICE UNDER 42 Pa. C.S.A. 2737.1 OF RIGHT TO RECOVER ATTORNEY FEES AND COSTS AND PROCEDURE TO FOLLOW TO STRIKE OFF OR OPEN A CONFESSED JUDGMENT TO: Kelly J. Goodling 395 Allison Avenue Mechanicsburg, PA 17055 Pursuant to 42 Pa.C.S.A. 2737. 1, you are hereby notified that a debtor who has been incorrectly identified and had a confession of judgment entered against him shall be entitled to costs and reasonable attorney fees as determined by the court. Pursuant to 42 Pa.C.S.A. § 2737. 1, you are hereby notified of the instructions regarding the procedure to follow to strike off or open a confessed judgment under Pennsylvania Rule of Civil Procedure 2959, which is reproduced in full, on the following page. Respectfully submitted, ? " • z Heather Z. Kelly, esquire I.D. No. 86291 Mette, Evans & Woodside 3401 North Front Street P.O. BOX 5950 Harrisburg, PA 17110-0950 Telephone: (717) 232-5000 Attorney for Plaintiff Date: November 6, 2012 PENNSYLVANIA RULE OF CIVIL PROCEDURE 2959 STRIKING OFF OR OPENING JUDGMENT; PLEADINGS AND PROCEDURE (a)(1) Relief from a judgment by confession shall be sought by petition. Except as provided in subparagraph (2), all grounds for relief whether to strike off the judgment or to open it must be asserted in a single petition. The petition may be filed in the county in which the judgment was originally entered, in any county to which the judgment has been transferred or in any other county in which the sheriff has received a writ of execution directed to the sheriff to enforce the judgment (2) The ground that the waiver of the due process rights of notice and hearing was not voluntary, intelligent and knowing shall be raised only (i) in support of a further request for a stay of execution where the court has not stayed execution despite the timely filing of a petition for relief from the judgment and the presentation of prima facie evidence of a defense; and (ii) as provided by Rule 2958.3 or Rule 2973.3. (3) If written notice is served upon the petitioner pursuant to Rule 2956.1(c)(2) or Rule 2973.1(c), the petition shall be filed within thirty days after such service. Unless the defendant can demonstrate that there were compelling reasons for the delay, a petition not timely filed shall be denied. (b) If the petition states prima facie grounds for relief the court shall issue a rule to show cause and may grant a stay of proceedings. After being served with a copy of the petition the plaintiff shall file an answer on before the return day of the rule. The return day of the rule shall be fixed by the court by local rule or special order. (c) A party waives all defenses and objections which are not included in the petition or answer. (d) The petition and the rule to show cause and the answer shall be served as provided in Rule 440. (e) The court shall dispose of the rule on petition and answer, and on any testimony, depositions, admissions and other evidence. The court for cause shown may stay proceedings on the petition insofar as it seeks to open the judgment pending disposition of the application to strike off the judgment. If evidence is produced which in a jury trial would require the issues to be submitted to the jury, the court shall open the judgment. (f) The lien of the judgment or of any levy or attachment shall be preserved while the proceedings to strike off or open the judgment are pending. (g) (1) A judgment shall not be stricken or opened because of a creditor's failure to provide a debtor with instructions imposed by an existing statute, if any, regarding procedures to follow to strike a judgment or regarding any rights available to an incorrectly identified debtor. (2) Subdivision (g)(1) shall apply to (1) judgment entered prior to the effective date of a subdivision (g) which have not been stricken or opened as of the effective date and (2) judgment entered on or after the effective date. 603896v1 METTE, EVANS & WOODSIDE Heather Z. Kelly, Esquire Attorney I.D. No. 86291 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 (717) 236-1816 (fax) hzkelly ,mette.com Attorney for Plaintiff METRO BANK, Plaintiff L I?TI ? ?= 'r 'i"t i { C ?? J © y C- :X IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. WILLIAM H. GOODLING and KELLY J. GOODLING, Defendants DOCKET NO. Ja - (08.3D ENTRY OF JUDGMENT Judgment in the amount of $181,955.84 together with interest, attorneys' fees, and costs, as provided in the Note referenced in the Complaint in the above-captioned action, is hereby entered in favor of the Plaintiff, METRO BANK, f/k/a COMMERCE BANK HARRISBURG, N.A., and against the Defendants, WILLIAM H. GOODLING and KELLY J. GOODLING. Prothono C3 Date: d-1/01 604017v1 METTE, EV.ANS & WOODSIDE Heather Z. Kelly, Esquire Attorney I.D. No. 86291 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 (717) 236-1816 (fax) hzkellygmette.com Attorney for Plaintiff METRO BANK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. WILLIAM H. GOODLING and KELLY : DOCKET NO. /a - (983 I V ?? ?-°f? J. GOODLING, ; Defendants NOTICE OF ENTRY OF JUDGMENT TO: William H. Goodling 395 Allison Avenue Mechanicsburg, PA 17055 You are hereby notified pursuant to Rule 236 of the Pennsylvania Rules of Civil Procedure that Judgment has been entered against you in the amount of $181,955.84 as provided in the Note referenced in the Complaint plus all continuing interest, fees and costs. Protho t C d County 11 SEAL Date By: METTE, EVANS & WOODSIDE Heather Z. Kelly, Esquire Attorney I.D. No. 86291 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 (717) 236-1816 (fax) hzkellykmette.com Attorney for Plaintiff METRO BANK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. WILLIAM H. GOODLING and KELLY J. GOODLING, Defendants DOCKET NO. lob - 68W ?i V i I T&Af NOTICE OF ENTRY OF JUDGMENT TO: Kelly J. Goodling 395 Allison Avenue Mechanicsburg, PA 17055 You are hereby notified pursuant to Rule 236 of the Pennsylvania Rules of Civil Procedure that Judgment has been entered against you in the amount of $181,955.84 as provided in the Note referenced in the Complaint plus all continuing interest, fees and costs. Prot not of Cumberland Count SEAL Date Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor c'~ ~~ ~ ~ , 3 SHERIFF'S OFFICE OF CUMBERLAND COUI~ ~-a ~ -~ ~~..::~ ~_ ~y.. ~ ~~ ~ J ~--~ t© ~ 4. d ~~ ~ ~ -k ~ ~, Metro Bank Case Number vs. 2012-6830 William H. Goodling (et al.) SHERIFF'S RETURN OF SERVICE 11/08/2012 05:40 PM -Deputy Jason Kinsler, being duly sworn according to law, served the requested Complaint in Confession of Judgment by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: William H. Goodling at 395 Alison Avenue, Mechanicsburg Borough, Mechanicsburg, PA 17055. ~ ~. ~ J ON KINSLER, DEPUTY 11/08/2012 05:40 PM -Deputy Jason Kinsler, being duly sworn according to law, served the requested Complaint in Confession of Judgment by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Kelly J. Goodling at 395 Alison Avenue, Mechanicsburg Borough, Mechanicsburg, PA 17055. SHERIFF COST: $38.00 November 09, 2012 SON KINSLER, DEPUTY SO ANSWERS, RON R ANDERSON, SHERIFF .. ;;cu^ty:ii `e S~`rrif, "rnr:,,~a`. L. .:. METTE, EVANS & WOODSIDE Heather Z. Kelly, Esquire Attorney I.D. No. 86291 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 (717) 236-1816 (fax) hzkelly@mette.com Attorney for Plaintiff METRO BANK, f/k/a COMMERCE BANK/HARRISBURG, N.A. Plaintiff V. : "r , Li ! IiE 20P; A VG - 6 Pti 2: 2 1,3' CUt1BERL 4 NO COUNTY PENh'S YLVA, NI A : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO. 2012-6830 WILLIAM H. GOODLING and KELLY : J. GOODLING, Defendants PARTIAL RELEASE OF JUDGMENT LIENS WHEREAS, on November 7, 2013, a judgment was entered in confession in favor of Plaintiff and against Defendants in the Court of Common Pleas of Cumberland County in the above -captioned action (the "Judgment"). WHEREAS, Defendants owned an interest in the following parcels of real property (collectively, the "Property"): to 44 .sopd amj DA- II tic0.6 e)cict ty) (1) 500 Dakemich Court, Enola, Cumberland County, Pennsylvania, 17025 (Tax Parcel I.D. No. 09-14-0832-417) (2) 501 Dakemich Court, Enola, Cumberland County, Pennsylvania, 17025 (Tax Parcel I.D. No. 09-14-0832-365A) (3) 502 Dakemich Court, Enola, Cumberland County, Pennsylvania, 17025 (Tax Parcel I.D. No. 09-14-0832-418) (4) 503 Dakemich Court, Enola, Cumberland County, Pennsylvania, 17025 (Tax Parcel I.D. No. 09-14-0832-407) (5) 504 Dakemich Court, Enola, Cumberland. County, Pennsylvania, 17025 (Tax Parcel I.D. No. 09-14-0832-419) (6) 516 Dakemich Court, Enola, Cumberland County, Pennsylvania, 17025 (Tax Parcel I.D. No. 09-14-0832-425) (7) 518 Dakemich Court, Enola, Cumberland County, Pennsylvania, 17025 (Tax Parcel I.D. No. 09-14-0832-426) NOW, THEREFORE, Plaintiff, its successors, representatives, and assigns agree that it will not attach or levy upon, sell or dispose of, claim or demand the Property, in or as a result of Judgment and releases the lien of the Judgment only on the Property; provided, however, that nothing contained herein shall affect such Judgment or the lien thereof of its legal validity upon or against any other property of Defendants in Cumberland County. IT WITNESS WHEREOF, I have executed this document this 31st day of July, 2014. Respectfully submitted, By: METTE, EVANS & WOODSIDE Heather Z. Kelly, Esquire Sup. Ct. I.D. No. 86291 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 - Phone (717) 236-1816 — Fax Attorney for Plaintiff 654342v1 METTE, EVANS & WOODSIDE Heather Z. Kelly, Esquire Attorney I.D. No. 86291 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 (717) 236-1816 (fax) hzkelly@mette.com Attorney for Plaintiff METRO BANK, f/k/a COMMERCE BANK/HARRISBURG, N.A. Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO. 2012-6830 WILLIAM H. GOODLING and KELLY : J. GOODLING, Defendants PRAECIPE TO SETTLE, DISCONTINUE AND SATISFY TO THE PROTHONOTARY: Please mark the Judgment satisfied in the above -captioned action. Respectfully submitted, METTE, EVANS & WOODSIDE By: Heather Z. Kelly, Esquire Sup. Ct. I.D. No. 86291 3401 North Front Street P. 0. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 - Phone (717) 236-1816 — Fax Attorney for Plaintiff Date: January 8, 2015 CERTIFICATE OF SERVICE I certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage, prepaid, as follows: William H. Goodling Kelly J. Goodling 395 Allison Avenue 395 Allison Avenue Mechanicsburg, PA 17055 Mechanicsburg, PA 17055 By: Date: January 8, 2015 762039v1 METTE, EVANS & WOODSIDE Heather Z. Kell'Esquire Sup. Ct. I.D. No. 86291 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 - Phone (717) 236-1816 — Fax Attorney for Plaintiff