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Home My WebLink About12-6831 C= rrl 00 C::) » -n .y± ?jM - y 'J Ca g- -t rr < C) "U 2 `rt =CD 5' C7 CrJ f n . -^' 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. lol - (Qg3 / WILLIAM H. GOODLING and KELLY J. GOODLING, Defendants CONFESSION OF JUDGMENT 0IV i I- Ferm 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: $171,308.19 Interest through 11/1/12: $3,694.73 Attorneys' Commission (10% unpaid principal and interest): $17,500.29 Late Fees through 11/1/12: $497.86 TOTAL $193,001.07 OS C# l p(o l ?8 om 3 f Noma 1 eq? * Only reasonable attorney's fees will be collected by the attorney. Interest, attorney fees and costs of this action continue to accrue. Respectfully submitted, i' Heather Z. Kelly, quire 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) hzkellya ,mette.com Attorney for Plaintiff METRO BANK, f/k/a COMMERCE BANYJHARRISBURG, N.A. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. ; DOCKET NO. WILLIAM H. GOODLING and KELLY J. GOODLING, Defendants : COMPLAINT IN CONFESSION OF JUDGMENT NOW COMES, Plaintiff, Metro Bank, f/k/a Commerce Bank/Harrisburg, N.A. ("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 June 27, 2003, Defendants executed a Promissory Note in favor of Plaintiff in the original principal amount of Two Hundred Thirty Thousand. Dollars ($230,000.00), the terms of which were modified by three separate Change in Terms Agreements dated March 3, 2005, April 7, 2005 and March 10, 2008. 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 an Open-End Mortgage and an Assignment of Rents, both also dated June 27, 2003 encumbering property located at 127, 129, 131 and 133 North 21" Street, Camp Hill, Cumberland County, Pennsylvania and 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. 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 $193,001.10 computed as follows: Principal: $171,308.19 Interest through 11/1/12: $3,694.73 Attorneys' Commission (10% unpaid principal and interest): $17,500.29 Late Fees through 11/1/12: $497.86 TOTAL $193,001.07 * 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 $$193,001.07, plus continuing interest, fees and costs. Respectfully submitted, ILL ? - 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 VERIFICATION I, David M. Chajkowski, Assistant Vice President/Asset Recovery Officer at Plaintiff Metro Bank f/k/a Commerce Bank/Hacrisburg, 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. David M. Chajkowski Assistant Vice President/ Asset Recovery Officer Dated: /S PAGE 493595v1 PROMISSORY NOTE . >? c _ unt References In the shaded area are for Lenders use only and do not limit the applicability of this document to any particular loan or Item. Any item above containing "*"' has been omitted due to text length limitations. Borrower: William H. Goodling (SSN: 16754-2858) Kelly J. Goodling (SSN: 178£B-0073) 396 Allison Avenue Mechanicsburg, PA 17055 Lender: COMMERCE BANKIHARRiSBURG N.A. 100 SENATE AVENUE P.O. BOX 8589 CAMP HILL, PA 17911 (717) 975'6630 Principal Amount: $230,000.00 Date of Note: June 27, 2003 PROMISE TO PAY. VAIDam H. Goodling and Kelly J. Goodling ('Borrower') Jointly and severally promise to pay to COMMERCE BANWHARRISSURG NJL ("Lender"), or order, In lawful money of the United States of America, the principal amount of Two Hundred Thirty Thousand & OW100 Dollars ($230,000.00), together with Interest on the unpaid principal balance from June 27, 2003, until paid in full. PAYMENT. Subject to any payment changes resulting from changes In the Index, Borrower will pay this loan in accordance with the following payment schedule: 6 monthly consecutive interest payments, beginning July 27, 2003, with interest calculated on the unpaid principal balances at an Interest rate of 6.100% par annum; 54 monthly consecutive principal and interest payments In the Initial amount of $1,673.03 each, beginning January 27, 2004, with Interest calculated on the unpaid principal balances at an Interest rate of 6.100% per annum; 1115 monthly consecutive prtnelpal and interest payments In the Initial amount of $1,580.13 each, beginning July 27, 2006, with interest calculated on the unpaid principal balances at an Interest rate based on the Prime Rate as published in the Money Rate Section of the Wall Street Journal. N a range of rates Is published, the highest will be used. (currently 4.750%), plus a margin of 1.000 percentage points, resulting in an initial Interest rate of L250* and one principal and Interest payment of =1,580.74 on December 27, 20x3, with Interest calculated on the unpaid principal balances at an interest rate based on the Prime Rate as published in the Money Rate Section of the Wall Street Journal. It a range of rates is publlshed, the highest will be used (currently 4.250%), plus a margin of 1.000 percentage points, resulting in an Initial interest rate of 5250%. This estimated final payment Is based on the assumption that all payments w111 be made exactly as scheduled and that the Index does not change; the actual final payment will be for all principal and accrued Interest not yet paid, together with any other unpaid amotmts under this Note. Unless otherwise agreed or required by applicable law, payments will be applied first to any accrued unpaid Interest; then to principal; then to any unpaid collection costs; and then to any late charges. The annual Interest rate for this Note Is computed on a 365x360 basis; that Is, by applying the ratio of the annual Interest hate over a year of 360 days, multiplied by the outstanding principal balance, multiplied by the actual number of days the principal balance Is outstanding. Borrower will pay Lender at Lenders address shown above or at such other place as Lender may designate in writing. VARIABLE INTEREST RATE The interest rate an this Note is suthject to change from time to time based on changes in an Independent index which is the Prime Rate as published in the Money Rabe Section of the Wall Street Journal. If a range of rates is published, the highest wilt be used. (the "index'). The Index Is not necessarily the lowest rate charged by Lender on its loam. If the Index becomes unavailable during the term of this loan, Lender may designate a substitute Index after notice to Borrower. Lender will tell Borrower the current Index rate upon Borrowers request The interest rate change will not occur more often than each day. Borrower understands that Lender may make bans based on other rates as wed. The Index currently is 42M per annum. The interest rate or rates to be applied to the unpaid principal balance of this Note will be the rate or rates set forth herein In the "Payment" section. Notwithstanding arty allm provision of this Note, after the first payment stream, the interest rate for each subsequent payment stream will be etlecttve as of the last payment data of the just-ending payment stream. NOTICE: Under no circumstances will the interest rate on this Nate be more than the maximum rate allowed by applicable law. Wwnever Increases occur in the Interest rate, Lender, at Its option, may do one or more of the kkwl ng: (A) Increase Borrower's payments to ensure Borrowers loan will pay off by Its original final maturity date, (B) Increase Borrowers payments to cover accruing interest, (C) Increase the number of Borrowers payments, and (D) continue Borrowers payments at the same anxxod and Increase Borrowers final payment PREPAYMENT PENALTY. Borrower agrees that all loan fees and other prepaid finance charges are earned fully as of the data of the ban and will not be subject to refund upon early payment (whether voluntary or as a result of default), except as otherwise required by law. Upon prepayment of this Note, Lender Is entitled to the following prepayment penalty: Prepayment of any amount of the principal sum shall be subject to a penalty charge of 6% during the first year of amortization and declining 1% per year thereafter to par. Except for the foregoing, Borrower may pay all or a portion of the amount owed earlier than It is due Early payments will'not, unless weed to by Lender in writing, relieve Borrower of Borrower's obligation to continue to make payments.under the payment schedule. Rather, early payments will reduce the principal balance due and may result in Borrowers making fewer payments. Borrower agrees not to send Leader payments madced 'paid in full", 'wilt pout recourse", or similar language. If Borrower sends such a payment Larder may accept it without losing arty of Landers rights under this Note, and Borrower will remain obligated to pay any further amount owed to Lender. 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 IbT cation or as full satisfaction of a disputed amount must be mailed or delivered to: COMMERCE BANKIHARRISBURG NA., 100 SENATE AVENUE, P.O. BOX 8599, CAMP HILL, PA 17011. LATE CHARGE. If a payment Is 15 days or more fate, Borrower will be charged 5.000% of the regulady scheduled payment. INTEREST AFTER DEFAULT. Upon default, including failure to pay upon final maturity, the total sum due under this Note will bear interest from the date of acceieration or maturity at the variable interest rate on this Note. The interest rate will not exceed the maximum rate permitted by applicable law. DEFAULT. Each of the following shall c o nallm an avant of default ('Event of, Default') under this Note: Payment Default Borrower fails to make any payment when due under this Note. Other Defaults. Borrower falls 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 berm, obligation, oovenard 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 Borrowers ability to repay this Note or perform Borrowers obligations under this Note or any of the related documents. False Statements. Arry warranty, representation or statement made or fumished to Lender by Borrower or on Borrowers behalf under this Note or the related documents Is false or misleading in any material respect, either now or at the time made or fumished or becomes false or misleading at any time thereafter. Death or insolvency. The death of Borrower or the dissolution or termination of Borrowers existence as a going business, the insolvency of Borrower, the appointrhhent of a receiver for any part of Borrower's property, any assignment for the benefit of creditors, any type of creditor PROMISSORY NOTE (Continued) workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Borrower. Page 2 Creditor or Forfeiture Prooaedings. Commenrmment 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 Borrowers 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 everds occurs with respect to any guarantor, endorser, surety, or accommodation party of any of the indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes hxxxnpetent, or revokes or disputes the validity of, or liability under, any guaranty of the Indebtedness evidenced by this Note. In the event of a death, Larder, at its option, may, but shall not be required to, permit the guarantoes estate to assume unconditionally the obligations ariserg under the guaranty in a manner satisfactory to Lender, and, In doing so, cure any Event of Default. Adverse Change. A material adverse change occurs In Borrower's financial condition, or Lender beiieves the prospect of payment or performance of this Note is impaired. Insecurity. Lender in good faith believes itself insecure. Cure Proviskmu. If any default, other than 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 (and no event of default will have occurred) if Borrower, after receiving written notice from Lender demanding cure of such default (1) cures the default within fifteen (15) days; or (2) N the cure requires more than f1flaw (15) days, immediately eritlaths 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 notlc:es as required by applicabla law, declare the entire unpaid principal balance on 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 also 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 attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit, including attorneys' fees, expenses for bankruptcy proceedings (including efforts to mod'dy or vacate any automatic stay or injunction), and appeals. If not prohibited by applicable law, Borrower also will pay arty court costs, in addition to all other sums provided by law. GOVERNING LAW. This Note will be governed by, construed and enforced in accordance with federal law and the laws of the Commonwealth of Pormsylvanle. 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 air or any trust accounts for which setoff would be prohibited by law. Borrower authorizes Lender, to the extent permitted by applicable law, to charge or setoff all sums owing on the indebtedness against any and all such accounts. COLLATERAL Borrower acknowledges this Note is secured by First lien mortgage on the real estate and all improvements thereon commonly known as 127, 129, 131 and 133 North 21st Street, Borough of Camp Hill, Cumberland County, PA. POST CLOSING COMPLIANCE Borrower agrees to execute, re-execute, cause a Guarantur(s) or other third party(ies) 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 wen 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 tan (10) days after recelpt by Borrower of such request. Failure to Borrower to so comply shall, at the option of Lander, 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 terns and conditions in the comiT fitment letter issued by Lender to Borrower on or about June 13, 2003. Upon broach of arty term of condition therein Lender shall have the might to declare this loan in default and demand payment in full of the principal balance remaining unpaid, together with all interest, which shall have accrued thereon. . OPTION TO DECLARE LOAN DUE Although the repayment of the loan evidenced by this instrument has been designed as if it were to extend for the term established In the "Payment section, hereinobove outlined, Borrower understands that tender expressly reserves the right and option, exercisable at its discretion, to declare the entire unpaid principal balance under this Promissory Note together with all Interest which shall have accrued thereon to be due and payable on the seventh (7th) and on the fourteenth (14th) anniversary of the date of this Promissory Note, hereinafter referred to as "loan Call Date'. In the event that Lender desires to exercise its option to declare the Loan duo, it shall deliver written nonce thereof by regular first class mail to Borrower's last known address 90 days prior to the Loan Call Date. In the event that Lender desires to exercise its option to declare the Loan due, it shall deliver written notice thereof by hand delivery, nationally recognized overnight courier or regular first class mail to Borrower's last known address at least 9D days prior to the Doan Can Data. Borrowor shall, on or before the loan Can Date immediately following such notice, repay the entire prncipal balance due under the Promissory Note together with all unpaid interest which shah havo accrued thereon as well as any other sums which may then be due under the Promissory Note or any other document constituting a part of the within ban transaction. Notice provided by first class mail to Borrower's last known address shall be dsemod to have boon delivered when deposited in the man. 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 Lander and b successors and assigns. 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 inaccuracy(les) should be sent to us at the following address: COMMERCE BANK/HARRISBURG N.A., 100 SENATE AVENUE, P.O. BOX 8599, CAMP HILL, PA 17011 GENERAL PROVISIONS. 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) after, compromise, renew, extend, accelerate, or otherwise change one or more times the time for payment or other terms any Indebtedness, Including Increases and decreases of the rats of interest on the Indebtedness; (c) exchange, enforce, waive, subordinate, fail or decide not to perfect, and release any security, with or without the substitution of row collateral; (d) apply such security and direct the order or manner of sale thereat, including without limitation, any non Judicial sale permitted by the terms of the controlling security agreements, as Lander In its discrotion 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, Suarantees or endorses this Note, to t..--tent allowed by law, waive presenhnent, demand fr )ayment, and notice of dishonor. Upon a change in the terms of this Note, and unless. erwise expressly stated in writing, no party who is this Note, whether as maker, guarantor, PROMISSORY NOTE (Continued) Page accommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew or extend (repeatedly and for arty length of tine) 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 SUff, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT (10%) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS ($500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING, THIS 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 WANES ANY RIGHT BORROWER MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT AND STATES THAT EITHER A REPRESENTATNE 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 ACCORDING TO LAW. BORRO R• X - _, - -- -Seel) Willr difng, ndhddu ly r-)) X Sea0 y J. tin in ally LAMER PRO UWAM VW M7 omme Cent- R..l.e/ ft..w owwb , W. fill. 3WL All RV. R. .& - PA Hwll MAPPQ.tlARICfWl1?1C TM1'!MY PR1m DISCLOSLAE FOR CONFESSION OF JuLIGMENT ... . References In the shaded area are for LencWs use oNy and do not Iimk the aaalicaNity of this document to any particular loan or Item. Item above contain " " has been omkter us to text length Bmkations. Borrower: William H. Gooding (SSN: 167-54-2858) Kelly J. Gooding (SSN: 17646-0073) 385 Allison Avenue Mechanicsburg, PA 17065 Lender: COMMERCE BANKMARRISBURG N.A. 100 SENATE AVENUE P.O. BOX 8W9 CAMP HILL, PA 17011 (711) 975'5630 Affiant William H. Gooding (SSN: 167-54.2856) 395 Allison Avenue Mechanicsburg, PA 17055 DISCLOSURE FOR CONFESSION OF JUDGMENT I AM EXECUTING, THIS -.L_ DAY OF _ , ? u L)t , 20-60-, A PROMISSORY NOTE FOR $230,000.00 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 1 EXPRESSLY AGREE AND CONSENT TO LENDER'S ENTERING JUDGMENT AGAINST SYCQNFESSION AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT PROVISION. INF IAL.S: 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 1 EXPRESSLY AGREE AND CONSENT TO LENDER'S IMMEDIATELY EXECUTING ON THE JUDGMENT, IN ANY MANNER PER D BYAPPLICABLE STATE AND FEDERAL LAW, WITHOUT GIVING ME ANY ADVANCE NOTICE INITIALS: C. AFTER HAVING READ AND DETERMINED WHICH OF THE FOLLOWING STATEMENTS ARE APPLICABLE, AND BY PLACING MY INITIALS NEXT TO EACH STATEMENT WHICH APPLIES, I REPRESENT THAT: INITIALS 11- 1 WAS REPRESENTED BY MY OWN INDEPENDENT LEGAL COUNSEL IN CONNECTION WITH THE NOTE I ` 2 A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE TO MY ATTENTION. 0. 1 CERTIFY THAT MY ANNUAL INCOME EXCEEDS $10,000; THAT THE BLANKS IN THIS DISCLOSURE WERE FILLED IN WHEN I INITIALED AND SIGNED IT; AND THAT 1 RECEIVED A COPY AT THE TIME OF SIGNING. THIS DISCLOSURE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS DISCLOSURE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. AFFIANT- I Will ualiy LAIR PW L?.t.` w. L7 LM= CW H"W F mmW OWW Mgt, ImL IMF. WK M P40" A-Id • M TMIIIII FlFa DISCLOSt?A FOR CONFESSION OF J66GMENT oan f t o7t Mobil". f7M6'i'9T tr? `$ 7T References in the shaded area are for Lender's use only and do not link the lloobNity of this document to any particular loan or item. Any item above containing '- has been omitted due to text length Tin tallons. Borrower: Wllliwn H. Goodling (SSN: 167-64.2W8) Kelly J. Goodling (SSN: 17648.6073) 395 Allison Avenue Medmitsiburg, PA 17655 Affiant: Kelly J. Goodling (SSN: 176.5840073) 395 Allison Avenue Mechanicsburg, PA 17055 Lender: COMMERCE BANKOHARRISBURG NJL 100 SENATE AVENUE P.O. BOX a CAMP HILL, PA 17011 (717) 975.5630 DISCLOSURE FOR CONFESSION OF JUDGMENT I AM EXECUTING, THIS -Xl? DAY OF 20-&3A PROMISSORY NOTE FOR $230,000.00 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 LENDERS ENTERING JUDGMENT AGAINST Y FESSION AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT PROVISION. INITIALS: B. I FURTHER DERSTAND THAT IN ADDITION TO GIVING LENDER THE FIGHT 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 RI HTS, AND 1 EXPRESSLY AGREE AND CONSENT TO LENDER'S IMMEDIATELY EXECUTING ON THE JUDGMENT, IN ANY MANNER 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, AND BY PLACING MY INITIALS NEXT TO EACH STATEMENT WHICH APPLIES, I REPRESENT THAT: INITIALS 1. 1 WAS REPRESENTED BY MY OWN INDEPENDENT LEGAL COUNSEL IN CONNECTION WITH THE NOTE. 2 A REPRESENTATNE 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 1 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. AFFIANT: X Seal) K , I ly INM Mn SWAM vim. LWOU 7 CW. W Wd lk-M 1NA.r6 k. tUF. XW M ICY ft-d - M kVMWfflM 7M011W WftM TFYW MM IANGE IN TERMS AGREEMI T" F?r91>t~ti# #t?tr I s fir,. Ca f con A?arvex ar rini 2-20.4 References in the shaded area 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. Goodling (SSN: 167-542858) Lender: COMMERCE BANKIHARRISBURG N.A. Kelly J. Goodling 4SSN. 176-58-0073) LOAN SERVICING 395 Allison Avenue 100 SENATE AVENUE Mechanicsburg, PA 17055 P.O. BOX 8599 CAMP HILL, PA 17011 (888) 937-0004 Principal Amount: $223,947.69 Date of Agreement: March 3, 2005 DESCRIPTION OF CHANGE IN TERMS. Change payment due date day from the 27th day of each month to the 5th day of each month effective with the April 5, 2005 payment. Also, payments will be automatically debited from the operating checking account 53626521 B. PROMISE TO PAY. William H. Goodling and Kelly J. Goodling ("Borrower") jointly and severally promise to pay to COMMERCE BANK/HARRISBURG N.A. ("Lender"), or order, in lawful money of the United States of America, the principal amount of Two Hundred Twenty-three Thousand Nine Hundred Forty-seven & 69/100 Dollars (5223,947.69), together with Interest on the unpaid principal balance from February 27, 2005, until paid in full. PAYMENT. Subject to any payment changes resulting from changes In the Index_ Borrower will pay this loan in accordance with the following payment schedule: 34 monthly consecutive principal and interest payments in the initial amount of $1,682.35 each, beginning April 5, 2005, with interest calculated on the unpaid principal balances at an Interest rate Qf'-6-100% per annum; 191 monthly consecutive principal and interest payments in the initial amount of $1,728.50 each, beginning?'Feb-ruary 5, 2009'Iwith interest calculated on the unpaid principal balances at an interest rate based on the Prime Rate as published In the Money Rate-Section of the Well Street Journal. If a range of rates is published, the highest will be used. Icurrently 5.500%), plus a margin of 1.000 percentage points, resulting in an initial Interest rate of 6.500%; and one principal and interest payment of $1,726.37 on December 27, 2023, with interest calculated on the unpaid principal balances at an interest rate based on the Prime Rate as published in the Money Rate Section of the Wag Street Journal. If a range of rates is published, the highest will be used. Icurrently 5.500%), plus a margin of 1.000 percentage points, resulting In an initial Interest rate of 6.500%. This estimated final payment Is based on the assumption that all payments will be made exactly as scheduled and that the Index does not change; the actual final payment will be for all principal and accrued interest not yet paid, together with any other unpaid amounts under this Agreement. Unless otherwise agreed or required by applicable law, payments will be applied first to any accrued unpaid interest; then to principal; then to any unpaid collection costs; and then to any Into charges. Interest on this Agreement Is computed on a 3651360 simple interest basis; that is, by applying the ratio of the annual interest rate over a year of 360 days, multiplied by the outstanding principal balance, multiplied by the actual number of days the principal balance Is outstanding. Borrower will 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 Agreement 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. If a range of rates is published, the highest will be used. 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 designate a substitute index after notice to Borrower. Lender will tell Borrower the current Index rate upon Borrower's request. The interest rate change will not occur more often than each day. Borrower understands that Lender may make loans based on other rates as wall. The Index currently is 5.500% per annum. The interest rate or rates to be applied to the unpaid principal balance of the Note will be the rate or rates set forth herein in the "Payment" section. Notwithstanding any other provision of this Agreement, after the first payment stream, the interest rate for each subsequent payment stream will be effective as of the last payment date of the just-ending payment stream. NOTICE: Under no circumstances will the interest rate on the Note be more than the maximum rate allowed by applicable law. Whenever increases occur in the interest rate, Lender, at its option, may do one or more of the following: (A) increase Borrower's payments to ensure Borrower's loan will pay off by its original final maturity date, (B) increase Borrower's payments to cover accruing interest, (C) increase the number of Borrower's payments, and (D) continue Borrower's payments at the same amount and increase Borrower's final payment. PREPAYMENT PENALTY. 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. Upon prepayment of this Agreement, Lender is entitled to the following prepayment penalty: Prepayment of any amount of the principal sum shag be subject to a penalty charge of 5% during the first year of amortization and declining 1 % per year thereaftei to par. Except for the foregoing, Borrower may pay all or a portion of the amount owed earlier than It Is due. Early payments will not, unless agreed to by Lender in writing, relieve Borrower of Borrower's obligation to continue to make payments under the payment schedule. Rather, early payments will reduce the principal balance due and may result in Borrower's making fewer payments. Borrower agrees not to send Lender payments marked "paid in full", "without recourse", or similar language. If Borrower sends such a payment, Lender may accept it without losing any of Lender's rights under this Agreement, and Borrower will remain obligated to pay any further amount owed to Lender. 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, 100 SENATE AVENUE, P.O. BOX 8599, CAMP HILL, PA 17011. LATE CHARGE. If a payment is 15 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 total sum due under this Agreement will bear interest from the date of acceleration or maturity at the variable interest rate on this Agreement. The interest rate will not exceed the maximum rate permitted by applicable law. If judgment is entered in connection with this Agreement, interest will continue to accrue on this Agreement after judgment at the interest rate applicable to this Agreement at the time judgment is entered. DEFAULT. Each of the following shall constitute an Event of Default under this Agreement: Payment Default. Borrower falls to make any payment when due under the Indebtedness. Other Defaults. Borrower fails to comply with or to perform any other term, obligation, covenant or condition contained in this Agreement 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 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 CHANGE IN TERMS AGREEMENT Loan No: 3055750 (Continued) Page 2 to perform Borrower's obligations under this Agreement or any of the Related Documents. False Statements. Any warranty, representation or statement made or furnished to Lender by Borrower or on Borrower's behalf under this Agreement 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. 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, any 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 Indebtedness. This includes a garnishment of any of Borrower's accounts, including deposit accounts, with Lander. 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 Lander 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. In the event of a death, Lender, at its option, may, but shall not be required to, permit the guarantor's estate to assume unconditionally the obligations arising under the guaranty in a manner satisfactory to Lender, and, in doing so, cure any Event of Default. Adverse Change. A material adverse change occurs in Borrower's financial condition, or Lender believes the prospect of payment or performance of the Indebtedness is impaired. Insecurity. Lender in good faith believes itself insecure. Cure Provisions. If any default, other than a default in payment is curable and if Borrower has not been given a notice of a breach of the same provision of this Agreement within the preceding twelve (12) months, it may be cured if Borrowor, after receiving written notice from Lender demanding cure of such default: (1) 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 on this Agreement 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 Agreement if Borrower does not pay. Borrower will pay Lender that amount. This includes, subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit, including attorneys' fees, expenses for bankruptcy, proceedings (ineludi(ig 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. GOVERNING LAW. This Agreement 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 Agreement 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 Borrowor 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 law, to charge or setoff all sums owing on the indebtedness against any and all such accounts. COLLATERAL. Borrower acknowledges this Agreement is secured by First lien mortgage on the real estate and all improvements thereon commonly known as 127, 129, 131 and 133 North 21 st Street, Borough of Camp Hill, Cumberland County, PA. CONTINUING VALIDITY. Except as expressly changed by this Agreement, the terms of the original obligation or obligations, including all agreements evidenced or securing tits obligation(s), remain unchanged and in full force and effect. Consent by Lender to this Agreement dues 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 endorsers 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 Lander that the non-signing 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. SUCCESSOR INTERESTS. The terms of this Agreement shall be binding upon Borrower, and upon Borrower's heirs, personal representatives, successors, and assigns, and shall be enforceable by Lender and its successors and assigns. 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 inaccuracy(ies) should be sent to us at the following address: COMMERCE BANK/HARRISBURG N.A. LOAN SERVICING 100 SENATE AVENUE CAMP HILL, PA 17011. MISCELLANEOUS PROVISIONS. Lender may delay or forgo entorcing any of its rights or remedies under this Agreement 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) after, 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; (r,) exchange, enforce, waive, subordinate, fail 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 Lander 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 Agreement, to the extent allowed by law, waive presentment, demand for payment, and.. -lice of dishonor. Upon any change in the terms of *his Agreement, and unless otherwise expressly stated in writing, no parry who signs tt greernent, whether as maker, guarantor, accom, tion maker or endorser, shall be released from CHANGE IN TERMS AGREEMEN . Loan No: 3055750 (Continued) Page 3 liability. All such parties agree that Lender may renew or extend (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 Agreement are joint and several. If any portion of this Agreement is for any reason determined to be unenforceable, it will not affect the enforceability of any other provisions of this Agreement. 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 AGREEMENT AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST BORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THIS AGREEMENT AND ALL ACCRUED INTEREST, LATE CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THE INDEBTEDNESS, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT (10%) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS ($500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING, THIS AGREEMENT OR A COPY OF THIS AGREEMENT VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS AGREEMENT 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 AGREEMENT. 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 AGREEMENT, EACH BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. EACH BORROWER AGREES TO THE TERMS OF THE AGREEMENT. THIS AGREEMENT IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS AGREEMENT IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. BORROWER: X (Seal) X Willi m H. Gaodling Kelly J. Good pi (Seal) tA5 APW tr.dr.5, V- 5.25.76001 Cap,. N and A.r.eW tW,Y % M.. 1557, 200; M Pip.b P-r • M P-MMAPr?MCMR AW2=R i 760 wig CV AGE IN TERMS AGREEMENT call 141011 /1L'L`iXtt,,; VEN References in the shaded area 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 lanoth limitations. Borrower: William H. Goodfing ISSN: 167-54-2858) Kelly J. doodling (SSN: 176-58-0073) 395 Allison Avenue Mechanicsburg, PA 17055 Lender: COMMERCE BANK/HARRISBURG N.A. LOAN SERVICING 100 SENATE AVENUE P.O. BOX 8599 CAMP HILL, PA 17011 (888) 937-0004 Principal Amount: $223,671.58 Date of Agreement: April 7, 2005. DESCRIPTION OF CHANGE IN TERMS. To correct error in original documentation. Add Cross Collateral/Cross Default provision as more fully described below. . PROMISE TO PAY. William H. Goodling and Kelly J. Goodfing ("Borrower") jointly and severally promise to pay to COMMERCE BANK/HARRISBURG N.A. ("Lender"), or order, in lawful money of the United States of America, the principal amount of Two Hundred Twenty-three Thousand Six Hundred Seventy-one & 581100 Dollars ($223,671.681, together with Interest on the unpaid principal balance from April 5, 2005, untfl paid in full. PAYMENT. Subject to any payment changes resulting from changes in the Index, Borrower will pay this loan in accordance with the following payment schedule: 33 monthly consecutive principal and interest payments in the initial amount of $1,682.35 each, beginning May 5, 2005, with interest calculated on the unpaid principal balances at an interest rate of 6.100% per annum; 191 monthly consecutive principal and interest payments in the initial amount of 51,757.71 each, beginning February 5, 2008, with interest calculated on the unpaid principal balances at an interest rate based on the Prime Rate as published in the Money Rate Section of the Wan Street Journal. If a range of rates is published, the highest will be used. Icurrently 5.750%), plus a margin of 1.000 percentage poiKs, resulting in an initial interest rate of 6.750%; and one principal and Interest payment of $1,753.64 on December 27, 2023, with interest calculated on the unpaid principal balances at an Interest rate based on 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. icurrently 6.750%), plus s margin of 1.000 percentage points, resulting in an initial Interest rate of 6.750%. This estimated final payment Is based on the assumption that all payments will be made exactly as scheduled and that the Index does not change; the actual final payment will be for all principal and accrued interest not yet paid, together with any other unpaid amounts under this Agreement. Unless otherwise agreed or required by applicable law, payments will be applied fist to any accrued unpaid Interest; then to principal: then to any unpaid collection costs; and then to any late charges. Interest on this Agreement Is computed on a 3651360 simple Interest basis; that is. by applying the ratio of the annual Interest rate over a year of 360 days, muttipled by the outstanding principal balance, multiplied by the actual number of days the principal balance Is outstanding. Borrower will 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 Agreement 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. If a range of rates is published, the highest will be used. (the "Index"). The Index is not necessarily the lowest rate charged by Lender on its bans. If the Index becomes unavailable during the term of this loan, Lender may designate a substitute index after notice to Borrower. Lender will tell Borrower the current Index rate upon Borrower's request. The interest rate change will not occur more often than each day. Borrower understands that Lender may make loans based on other rates as well. The index currently is 5.750% per annum. The interest rate or rates to be applied to the unpaid principal balance of the Note will be the rate or rates set forth herein In the "Payment" section. Notwithstanding any other provision of this Agreement, after the fist payment stream, the interest rate for each subsequent payment stream will be effective as of the last payment date of the just-ending payment stream. NOTICE: Under no circumstances will the interest rate on the Note be more than the maximum rate allowed by applicable law. Whenever increases occur in the interest rate, Lender, at its option, may do one or more of the following: (A) increase Borrower's payments to ensure Borrower's loan will pay off by its original final maturity date, (B) increase Borrower's payments to cover accruing interest, (C) increase the number of Borrower's payments, and (D) continue Borrower's payments at the same amount and increase Borrower's final payment. PREPAYMENT PENALTY. 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. Upon prepayment of this Agreement, Lender Is entitled to the following prepayment penalty: Prepayment of any amount of the principal sum shad be subject to a penalty charge of 5% during the first year of amortization and declining 1% per year thereafter to par. Except for the foregoing, Borrower may pay an or a portion of the amount owed earlier than It is due. Early payments will not, unless agreed to by Lender in writing, relieve Borrower of Borrower's obligation to continue to make payments under the payment schedule. Rather, early payments will reduce the principal balance due and may result in Borrower's making fewer payments. Borrower agrees not to send Lender payments marked "paid in full", "without recourse", or similar language. If Borrower sends such a payment, Lender may accept it without losing any of Lender's rights under this Agreement, and Borrower will remain obligated to pay any further amount owed to Lender. 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, 100 SENATE AVENUE, P.O. BOX 8599, CAMP HILL, PA 17011. LATE CHARGE. If a payment is 15 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 total sum due under this Agreement will bear interest from the date of acceleration or maturity at the variable interest rate on this Agreement. The interest rate will not exceed the maximum rate permitted by applicable law. If judgment is entered in connection with this Agreement, interest will continue to accrue on this Agreement after judgment at the interest rate applicable to this Agreement at the time judgment is entered. DEFAULT. Each of the following shall constitute an Event of Default under this Agreement: Payment Default. Borrower fails to make any payment when due under the Indebtedness. Other Defaults. Borrower fails to comply with or to perform any other term, obligation, covenant or condition contained in this Agreement 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 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 CHANGE IN TERMS AGREEMENT Loan No: 3055750 (Continued) Page 2 to perform Borrower's obligations under this Agreement or any of the Related Documents. False Statements. Any warranty, representation or statement made or furnished to Lender by Borrower or on Borrower's behalf under this Agreement 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. 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, any 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 Indebtedness. 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 party dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the indebtedness evidenced by this Note. In the event of a death, Lender, at its option, may, but shall not be required to, permit the guarantor's estate to assume unconditionally the obligations arising under the guaranty in a manner satisfactory to Lender, and, in doing so, cure any Event of Default. Adverse Change. A material adverse change occurs in Borrower's financial condition, or Lender believes the prospect of payment or performance of the Indebtedness is impaired. Insecurity. Lender in good faith believes itself insecure. Cure Provisions. If any default, other than a default in payment is curable and if Borrower has not been given a notice of a breach of the same provision of this Agreement within the preceding twelve (12) months, it may be cured if Borrower, after receiving written notice from Lender demanding cure of such default: (1) 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 on this Agreement and all accrued unpaid interest immediately due, and than Borrower will pay that amount. ATTORNEYS' FEES; EXPENSES. Lender may hire or pay someone else to help collect this Agreement if Borrower does not pay. Borrower will pay Lender that amount. This includes, subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expanses, whether or not there is a lawsuit, including attorneys' fees, expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), and appeals. If not prohibited by applicable law, Borrower also will pay any court costs, In addition to all other sums provided by law. GOVERNING LAW. This Agreement 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 low provisions. This Agreement 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 Lander (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 law, to charge or setoff all sums owing on the Indebtedness against any and all such accounts. COLLATERAL. Borrower acknowledges this Agreement is secured by First lien mortgage on the real estate and all improvements thereon commonly known as 127, 129, 131 and 133 North 21 st Street, Borough of Camp Hill, Cumberland County, PA. 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 endorsers 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 non-signing 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. COLLATERALIZED/CROSS DEFAULTED. This loan is Cross Collateralized/Cross Defaulted with other loans for Borrower. SUCCESSOR INTERESTS. The terms of this Agreement shall be binding upon Borrower, and upon Borrower's heirs, personal representatives, successors, and assigns, and shall be enforceable by Lender and its successors and assigns. 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 Inaccuracy(ios) should be sent to us at the following address: COMMERCE BANKMARRISBURG N.A. LOAN SERVICING 100 SENATE AVENUE CAMP HILL, PA 17011. MISCELLANEOUS PROVISIONS. Lender may delay or forgo enforcing any of its rights or remedies under this Agreement 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 Lander in its discretion may determine; (e) release, substitute, agree not to sue, or deal with any one or morn..-+,f Borrower's sureties, endorsers, or other guarantn•,...on any terms or in any manner Lender may choose;, and (f) determine how, when and, :t application of payments and credits shall be rr' m any other indebtedness owing by such atisr Borrower. Borrower and any other,,," ._an who signs, guarantees or endorses this Agra-.. ;dnt, to the extent allowed by law, waive presentment, demand for payment, and notice of dishonor. Upon any change in the terms of this Agreement, and unless otherwise expressly ANGE IN TERMS AGREEMENT Loan No: 3055750 (Continued) Page 3 stated in writing, no party who signs this Agreement, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew or extend (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 at 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 Agreement are joint and several. If any portion of this Agreement is for any reason determined to be unenforceable, it will not affect the enforceability of any other provisions of this Agreement. 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 AGREEMENT AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST BORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THIS AGREEMENT AND ALL ACCRUED INTEREST, LATE CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THE INDEBTEDNESS, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT (10%) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS ($500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING, THIS AGREEMENT OR A COPY OF THIS AGREEMENT VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS AGREEMENT 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 AGREEMENT. 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 AGREEMENT, EACH BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS AGREEMENT, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. EACH BORROWER AGREES TO THE TERMS OF THE AGREEMENT. THIS AGREEMENT IS GIVEN Uf?MtbM SEAL AND IT IS INTENDED THAT THIS AGREEMENT IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUIRENYACCORDING TO LAW. /-? BO X:. ISeail X :. lSeaq 1 cam H. Goodring K Ily J. Go L"EM EIIC L.On0. Vt. ULM= Cw, ".m d r-m 4Mbna hr. I"?' 3=- M NML •!A P-%VAMU4"1111VIMCRLL?L%02= C 7W7M M•m /1711 N TERMS AG?t L A jT References in the boxes above are for Lender's use only and do not limit the applicability of this document to any particular Ioan or item. Any item above containing "" " has been omitted due to text length limitations. Borrower: Wiliam H. Gooding Lander: COMMERCE BANKJHARR88UAQ NJL Kelly J. Gooding LOAN SERVICING 395 Allison Avenue 3801 PAXTON STREET Msdburg, PA 17055 HARRISBURG, PA 17111 (888) 937.0004 Principal Amount: $205,327.92 Deft of Agreement: March 10, 2008 DESCRIPTION OF CHANGE IN TEFWtS. To correct error in Change in Terms dated March 3, 2005 and April 7, 2006. Interest rate to remain at a fixed rate of 6.10% until June 27, 2008 at which time the rate will revert to floating at New York Prime rata plus a margin of 1.00% as stated in the original Promissory Note dated June 27, 2003. Payments will be reamortaed to correctly reflect the payment dates and amounts as originally intented. PAYMENT, Borrower wig pay this ban In accordance with the following payment schedule: B monthly consecutive principal and interest payments In the Initial amount of $1,682.35 each, beginning February 5, 2008, with interval calculated an the unpaid principal bslences at an interest rats of 6.100% par ammpn: 185 monthly eornscutlve principal wmd interest payments in the Inhial amount of $1,790.03 each, begbmtng August 5, 2008, witim interest calculated on the unpaid principal balances at an interest rats based on the Prams Rote as published in the Money Rate Section of the Wall Street Journal (currently BA00%), plus a margin of 1.000 percentage points, resulting In an Initial interest rate of 7.000%. and one principal and Interest payment of $1,786.34 on Deconmber 27, 2023, with interest calculated an the unpaid primal balances at an Interest rats based on the Prime Rats as published In the Money Rats Sactlon of the Wall Street Journal (ourrwrtly 6.000%), plus a margin of 1.000 percentage points, resulting in an Initial Interest rate of 7.000%. This estimated fnai payments will be mods exactly as scheduled and that the Index does not change, the actual final payment Is based on the esswnp that all d interest not yet paid, together with an other payment will be for e!1 prindpffi and accrued any unpaid amounts on this 3oam. VARIARLEr INTEREST RATE. The interest rate on this loan 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 Rata Section of the Wail Street Journal (the "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 designate a substitute index after notifying Borrower. Lender will tall Borrower the current Index rate upon Borrower's request. The interest rate change will not occur more often than each deity. Borrower understands that Lender may make loans based on other rates as well. The Index currently is 8.000% per annum. The interest rate or rates to be applied to the unpaid principal balance during this loan will be the rate or rtes set forth herein in the 'Payment" section. Notwithstanding any other provision of this Agreement, after the first payment stream, the interest rte for each subsequent payment stream will be effective as of the Ism payment date of the just-ending payment stream. NOTICE: Under no circumstances will the interest rate on this loan be more than the maximum rate allowed by applicable law. Whenever increases occur in the interest rate, Lender, at hs option, may do one or more of the following: (A) Increase Borrower's payments to ensure Borrower's loan will pay off by its original final maturity date, (B) Increase Borrower's payments to cover accruing interest, (C) increase the number of Borrower's payments, and (D) continue Borrower's payments at the same amount and increase Borrower's final payment. CONTiNViNG VALIDITY. Except as expressly changed by this Agreement, the germs 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 Lander 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 endorsers 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 non-signing party consents to the changes and provisions of this Agreement or otherwise will not be released by ft. This waiver applies not only to any initial extension, modification or release, but also to all such subsequent actions. THIS AGREEMENT IS GIVEN UNDER SEAL AND IT IS WMDED 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 PRDVZBICN13 OF THIS AGREEMENT, INCLUDING THE VARIABLE RATE PROVISIONS. EACH BORROWER AGREES TO THE TERMS OF THE AGREEMENT. BORROYVEJ. I C-10 } X I tses?) x /? (Seal) 1Niiram K. Gooding KtiYV J. t?ioullif? / ?'- Yf. 5MA0" CW NWitl ldrY &"ftL I.. Uft. XWL 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 - C-3 ' J ' _ c- ) " -Fri C .3 ..:, -?, C W G t^ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO. /a - &83/ dORO WILLIAM H. GOODLING and KELLY J. GOODLING, Defendants Certificate of Address I hereby certify that the Defendants maintain a residential address at: William H. Goodling Kelly J. Goodling 395 Allison Avenue 395 Allison Avenue Mechanicsburg, PA 17055 Mechanicsburg, PA 17055 Respectfully submitted, k-a? - z ke'y' / - Heather Z. Kelly, squire I.D. No. 86291 Mette, Evans & Woodside 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Telephone: (717) 232-5000 Date: November 6, 2012 Attorney for Plaintiff 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. WILLIAM H. GOODLING and KELLY J. GOODLING, Defendants M y ?, C-1 r .Tj < 7 -t , •- rr ? , F ' c . ~. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. /a - ?c831 ?IvI ( (e-rih AFFIDAVIT OF NON-MILITARY SERVICE I am the attorney for Metro Bank, f/k/a Commerce Bank/Harrisburg, N.A., and according to the best of my information and belief, the Defendants are adult individuals and are not in the United States Military Service. William H. Goodling Kelly J. Goodling 395 Allison Avenue 395 Allison Avenue Mechanicsburg, PA 17055 Mechanicsburg, PA 17055 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 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. c ^' } IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. l02 - (ag3? ?! v i I (? WILLIAM H. GOODLING and KELLY J. GOODLING, Defendants 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 $193,001.07 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. 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 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. c= 7. co c-5 m z; r -v'?n ? c F- . . -t c-7, C-) ' r, C) 'c,. w -,. c:, cn , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO. WILLIAM H. GOODLING and KELLY 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/ V I- k lerAl A judgment in the amount of $193,001.07 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. Kett, 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) hzkellyna,mette.com Attorney for Plaintiff METRO BANK, f/k/a COMMERCE BANK/HARRISBURG, N.A. Plaintiff Cn f 1 -? C-? --f V l IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO. WILLIAM H. GOODLING and KELLY 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: William H. 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. § 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. 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 PENNSYLVANIA RULE OF CIVIL PROCEDURE 2959 STRIKING OFF OR OPENING JUDGMENT; PLEADINGS AND PROCEDURE (a)(1) Relief from a judgment by confession shall besought by petition. Except as provided in subparagraph (2), all grounds for relief whether to strike off the judgment or to open it must be asserted in a single petition. The petition may be filed in the county in which the judgment was originally entered, in any county to which the judgment has been transferred or in any other county in which the sheriff has received a writ of execution directed to the sheriff to enforce the judgment (2) The ground that the waiver of the due process rights of notice and hearing was not voluntary, intelligent and knowing shall be raised only (i) in support of a further request for a stay of execution where the court has not stayed execution despite the timely filing of a petition for relief from the judgment and the presentation of prima facie evidence of a defense; and (ii) as provided by Rule 2958.3 or Rule 2973.3. (3) If written notice is served upon the petitioner pursuant to Rule 2956.1(c)(2) or Rule 2973.1(c), the petition shall be filed within thirty days after such service. Unless the defendant can demonstrate that there were compelling reasons for the delay, a petition not timely filed shall be denied. (b) If the petition states prima facie grounds for relief the court shall issue a rule to show cause and may grant a stay of proceedings. After being served with a copy of the petition the plaintiff shall file an answer on before the return day of the rule. The return day of the rule shall be fixed by the court by local rule or special order. (c) A party waives all defenses and objections which are not included in the petition or answer. (d) The petition and the rule to show cause and the answer shall be served as provided in Rule 440. (e) The court shall dispose of the rule on petition and answer, and on any testimony, depositions, admissions and other evidence. The court for cause shown may stay proceedings on the petition insofar as it seeks to open the judgment pending disposition of the application to strike off the judgment. If evidence is produced which in a jury trial would require the issues to be submitted to the jury, the court shall open the judgment. (f) The lien of the judgment or of any levy or attachment shall be preserved while the proceedings to strike off or open the judgment are pending. (g) (1) A judgment shall not be stricken or opened because of a creditor's failure to provide a debtor with instructions imposed by an existing statute, if any, regarding procedures to follow to strike a judgment or regarding any rights available to an incorrectly identified debtor. (2) Subdivision (g)(1) shall apply to (1) judgment entered prior to the effective date of a subdivision (g) which have not been stricken or opened as of the effective date and (2) judgment entered on or after the effective date. METTE, EVANS & WOODSIDE Heather Z. Kelly, Esquire Attorney I.D. No. 86291 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 (717) 236-1816 (fax) hzkelly@mette.com Attorney for Plaintiff METRO BANK, f/k/a COMMERCE BANK/HARRISBURG, N.A. Plaintiff V. WILLIAM H. GOODLING and KELLY J. GOODLING, Defendants C J C= r`'"? C.9 "y'7 "C W r" Z L -rt rn C r} C7 r ? 7-1 G £ ca IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. /J - (063 Oivil wow 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, 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 PENNSYLVANIA RULE OF CIVIL PROCEDURE 2959 STRIKING OFF OR OPENING JUDGMENT; PLEADINGS AND PROCEDURE (a)(1) Relief from a judgment by confession shall besought by petition. Except as provided in subparagraph (2), all grounds for relief whether to strike off the judgment or to open it must be asserted in a single petition. The petition may be filed in the county in which the judgment was originally entered, in any county to which the judgment has been transferred or in any other county in which the sheriff has received a writ of execution directed to the sheriff to enforce the judgment (2) The ground that the waiver of the due process rights of notice and hearing was not voluntary, intelligent and knowing shall be raised only (i) in support of a further request for a stay of execution where the court has not stayed execution despite the timely filing of a petition for relief from the judgment and the presentation of prima facie evidence of a defense; and (ii) as provided by Rule 2958.3 or Rule 2973.3. (3) If written notice is served upon the petitioner pursuant to Rule 2956.1(c)(2) or Rule 2973.1(c), the petition shall be filed within thirty days after such service. Unless the defendant can demonstrate that there were compelling reasons for the delay, a petition not timely filed shall be denied. (b) If the petition states prima facie grounds for relief the court shall issue a rule to show cause and may grant a stay of proceedings. After being served with a copy of the petition the plaintiff shall file an answer on before the return day of the rule. The return day of the rule shall be fixed by the court by local rule or special order. (c) A party waives all defenses and objections which are not included in the petition or answer. (d) The petition and the rule to show cause and the answer shall be served as provided in Rule 440. (e) The court shall dispose of the rule on petition and answer, and on any testimony, depositions, admissions and other evidence. The court for cause shown may stay proceedings on the petition insofar as it seeks to open the judgment pending disposition of the application to strike off the judgment. If evidence is produced which in a jury trial would require the issues to be submitted to the jury, the court shall open the judgment. (f) The lien of the judgment or of any levy or attachment shall be preserved while the proceedings to strike off or open the judgment are pending. (g) (1) A judgment shall not be stricken or opened because of a creditor's failure to provide a debtor with instructions imposed by an existing statute, if any, regarding procedures to follow to strike a judgment or regarding any rights available to an incorrectly identified debtor. (2) Subdivision (g)(1) shall apply to (1) judgment entered prior to the effective date of a subdivision (g) which have not been stricken or opened as of the effective date and (2) judgment entered on or after the effective date. 603599v1 rn a o n ?-- c i r? ) ?e- W c ~ -`' cs1 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 IN THE COURT OF COMMON PLEAS OF BANK/HARRISBURG, N.A. CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. DOCKET NO. /a2 - (083 U i I ?°Un'1 WILLIAM H. GOODLING and KELLY J. GOODLING, Defendants ENTRY OF JUDGMENT Judgment in the amount of $193,001.07 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, fWa COMMERCE BANK HARRISBURG, N.A., and against the Defendants, WILLIAM H. GOODLING and KELLY J. GOODLING. Prothonotary. Date: I 604017v1 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) hzkellyC&mette.com Attorney for Plaintiff METRO BANK, f/k/a COMMERCE BANK/HARRISBURG, N.A. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. WILLIAM H. GOODLING and KELLY DOCKET NO. /? - (083( 01'Vi(7e-t/k 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 $193,001.07 as provided in the Note referenced in the Complaint plus all continuing interest, attorney's fees and costs. Prothono of Cumberland County / PAL) 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, f/k/a COMMERCE BANK/HARRISBURG, N.A. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. WILLIAM H. GOODLING and KELLY J. GOODLING, Defendants DOCKET NO. X02 - (083j 6-V1,17,6-1-fio 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 $193,001.07 as provided in the Note referenced in the Complaint plus all continuing interest, attorney's fees and costs. Prothono of Cumberland County h AL Date By:1 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COON? _~. cry ~ ~:~ ~~yt~`~~ti~ of Li~iritrt~{,~~~ C~ ~~ ~.: ~ G :'~< y,. ~ ~t ~ ---t .~- ,~ o C., ~, ~ -7'1 ~' _.. ~r Metro Bank F/WA Commerce Bank/Harrisburg N.A. Case Number vs. William H. Goodling (et al.) 2012-6831 SHERIFF'S RETURN OF SERVICE 11/08/2012 05:40 PM -Deputy Jason Kinder, 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. ASON KINSLER, DEPUTY 11/08/2012 05:40 PM -Deputy Jason Kinder, 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: $54.00 November 09, 2012 J SON KINSLER, DEPUTY SO ANSWERS, ~~ RON R ANDERSON, SHERIFF is :ou.^.iyS..~ite Shedfi: Trtr.,.~go'L In.. 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. HT PROTHONOTr 20f4 Alt -6 Pit' l: . � CUffBER �U PENNSAND;� QLI COUNT NI A : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO. 2012-6831 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"): ao 6q� lrRa 3 �d (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. By: Respectfully submitted, METTE, EVANS & WOODSIDE Heather Z. Kelly, squire 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 654344v1 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 t,mette.com Attorney for Plaintiff METRO BANK, f/k/a COMMERCE BANKJHARRISBURG, N.A. Plaintiff V. 2a 1"),1 t ' 11, .,•.) 1-'2; st•-0., : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO. 2012-6831 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, squire 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 762038v1 METTE, EVANS & WOODSIDE Heather Z. Ke1y 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