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HomeMy WebLinkAbout12-6850 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 -~, ~_ ~~ ~~ ~ u~' ~ "'~ ~ y ~ ~ e~ ' -~-; o ~, „~ '~-~ - e, c~ c.,.~ .:. ::~ -~; ~ --~; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. /a - (~ CI V ~ < T ilM CONFESSION OF JUDGMENT Pursuant to the authority contained in the warrants of attorney, the original or a copy of which is attached to the Complaint filed in this action, I appear for the Defendants and confess judgment in favor of Plaintiff and against Defendants as follows: Principal: $210,836.81 Interest through 11/1/12: $4,421.71 Attorneys' Commission (10% of unpaid principal and interest): $21,525.85 Late Fees through 11/1/12: $10,721.92 TOTAL $247,506.29 0 ~ ~•oo PQ A-rrY ,~# ~9~ ~~,~ jai l,ecl * Only reasonable attorney's fees will be collected by the attorney. Interest, attorney fees and costs of this action continue to accrue. Respectfully submitted, Heather Z. Kell ,Esquire 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 r~ ~ C:~ ~~ :.~ ;'~ -~ ~ ~, .~' ;~ rn~ cn ~- ~ :~ ._. _,~ c "~ ~- ~ --~ ~ ~~ ;. -~ 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) hzkell~cr,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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO. f'a? - G E~SD V iU i 1 (~174~1 COMPLAINT IN CONFESSION OF JUDGMENT NOW COMES, Plaintiff, Metro Bank, f/k/a Commerce Bank/Hamsburg, 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. On December 3, 2007, Defendants executed a Promissory Note in favor of Plaintiff in the original principal amount of Eight Hundred Eighty Three Thousand Dollazs ($883,000.00), the terms of which were modified by three separate Change in Terms Agreements dated January 18, 2010 and December 15, 2010. True and correct copies of the Promissory Note and referenced Change in Terms Agreements aze attached hereto as Exhibit "A," and referred to collectively as the "Note." 4. Defendants payment and performance obligations under the Note aze secured by an Open End Mortgage and Security Agreement dated December 3, 2007 encumbering property located at 135, 137, 139 and 143 North 21S` 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. 8. The Note has not been assigned. 9. Judgment has not been entered on the Note in any jurisdiction. 10. The warrants of attorney contained in the Note aze 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 $247,506.29 computed as follows: Principal: $210,836.81 Interest through 11/1/12: $4,421.71 Attorneys' Commission (10% of unpaid principal and interest): $21,525.85 Late Fees through 11/1/12: $10,721.92 TOTAL $247,506.29 * 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 $247,506.29, plus continuing interest, fees and costs. 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 I, David M. Chajkowslci, Assistant Vice Presdent/Asset Recovery Officer at PlaintiffMetro Bank f!k/a Commerce BankfHarrisbuig, N.A., have read the foregoing Complaint in Confession of Judgment aad verify that the facts set forth therein are true and correct according to the best of my knowledge, inforniation and belief, and that as an Assistant Vice President/Asset Recovery f}fficer I am authorised to execute this Verification. on behalf of the Plaiirtiff. l understand that any false statement made herein'is subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification. to authorities. ~./' David M. Chajkowski Assistant Vice President/ Asset Recovery Officer Dated.: '~~~/~'-I- ~~ PROMISSORY NOTE ~ w . ~' _ M ~.v :. L.. -. ~ •:. Tim N:h ~"' ..• .. x~. ~... .. .. !yffi References in the boxes above are forLender's use only -and do not limn the applicability of thin document to arty particular loan or item. Any Item above containing ' •"" has been omitted due to text length limitations. Borrower: Wtlllam H. Goodtlng Lender: COMMERCE BANKMARRISBURG NJ-. Kelly J. Goodtlng COMMERdAL MORTGAGE DEPARTMENT 396 Abort Avenue 3801 PAXTON STREET Mechanicsburg, PA 17065 HARRISBURG, PA 17111 (717) 976-6830 Principat Amount: $883,000.00 Initial Rate: 8.500% Date of Note: December 3, 2007 PROMISE TO PAY. Wtlllam H. Goodline and Kelly J. GoodYng ("Borrower") Jointly and severally promka to pay to COMMERCE BANKJHARRISBURG N.A. ('Linder"), or order, in lawful money of the Untied States of America, the prindpal arrtount of Eight Hundred Eighty-three Thousand & 00!100 Doors (f<883,000.OOI or so much as may be outstartding, together with tnteraet on the urtpaid outstanding principal balance of each advance. Irtterert shag be calculated from the date of each adwnce .until repayment of each advance. PAYMENT. Borrower wltl pay this loan h one paymsrtt of atl outstandng prktcipal plus atl accrued unpaid Interest on Dscerrtbsr 3, 2010. In addition, Borrower wHl pay Healer monthly payments of atl accrued unpaid htterest due as of each payment dab, bsglnrdng January 3, 2008, with atl subsequent irtLersst paymartts to bs due on the same day of oath mortttt after that. Unless otherwise agreed ~ raq<dred by eppllesbls law, payments witl be appbd first to any accrued unpaid sttarest; then to principal; that to any unpaid cotlsotton costs; and then to any late charges. The annual pttaraat rate for thq Noe Is computed on a 3861380 bests; that is, by applying the ratio of tlal artnwl 1rtUrsrt rats over a year of 360 days, mutdptlad by the outstanding prlndpat balance, mulNptled by the actual number of days the prMtdpal balance Is outstanding. Borrower w~ pay Lender at Lender's address shown-above or at such other plats as Lender may designate >n writing. VARIABLE INTEREST RATE. The interest rate on this Note is subject to change from time. to time based on changes in an independent index which is the Prime Rate as published in the Money Rate Section of the Wall Street Journal (the "Index"f. The Index is not necosaartly 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 tell Borrower the currerrt Index rate upon Borrower's request. The interest rate change will not occur more often than each daily. Borrower uttderetands that Lender may make loans based on other rates as well. The index currsrttty b 7.50096 per annum. The interest rate to be applied to the unpaid principal balance during this Note will be at a rate of 1.000 percarttage point over the Index, resulting in an initial rate of 8.600% per annum. NOTICE: Under no circumstances will the interest rata on this Note be more than the maximum rate allowed by applicable law. PREPAYMENT. Borrower agrees that all loan fees end other prepaid finance charges era earned fully as of the date of the loan and will not ba subject to refund upon early payment (whether voluntary or as a resuR of default), except as otherwise required by law. Except for the foregoing, Borrower may pay without penalty all or a portion of the amount owed earlier than it is due. Early payments will not, unless agreed to by Lender in writing, relieve Borrower of Borrower's obligation to continue to make payments of accrued unpaid interest. Rather, early payments will reduce the principal balance due. 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 Note, and Borrower will remain obtlgatad to pay any furtiter amount owed to Lender. All written commun~rtions concerning disputed amourrts, including any check or other payment instrument that indicates that the payment constrtutes "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 ba maned or delivered to: COMMERCE BANK/HARRISBURG N.A., COMMERCIAL MORTGAGE DEPARTMENT, 3801 PAXTON STREET, HARRISBURG, PA 17111. INTEREST RESERVES. Borrower authorizes Lender to place 5100,000.00 of the Principal Amount as an interest reserve, which is an estimate of the interest due on the Note ("Interest Reserve'). All interest payments shall be paid from the Interest Reserve. Lender may automatically deduct accrued unpaid interest from the Interest Reserve. Interest wilt accrue, as described in this Note, on amounts deducted from the Interest Reserve. In the avant the interest due under this Note exceoda the Interest Reserve, Borrower will pay accrued unpaid interest when due according to the terms of this Note. Upon maturity, Lender will not advance or disburse the remaining Interest Reserve, if any, to Borrower. The principal due upon maturity will nor include any remaining Interest Reserve. LATE CHARGE. If a payment is 10 days or more late, Borrower will be charged 5.000% of the regularly scheduled payment. {NTEREST AFTER DEFAULT. Upon default, including failure to pay upon final maturity, the interest rate on this Note shall be increased by adding a 4.000 percentage point margin ("Default Rate Margin'). The Default Rate Margin shell also apply m each succeeding interest rate change that would have applied had there been no defeuR. If judgment is entered in connection with this Nota, interest will continue tD accrue after the date of judgment at the rate in effect at the time judgment is entered. However, in no event wdl the interest rate exceed the maximum interest rate limitations under applicable law. DEFAULT. Each of the following shall constitute an event of default ("Event of Default`) under this Note: Paymert Defeat[. Borrower fails to make any payment when due under this Note. Other Defauhs. Borrower fails to comply with or to perform any other term, obligation, covenant or condition contained in this Note or in any of the related documents or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement between Lender and Borrower. Defauh at Favor of Third Parties. Borrower or any Grantor defaults under arty loan, extension of credit, security agreement, purchase or sales agreement, or any other agreement, in favor of any other creditor or person that may materiatly affect any of Borrower's property or Borrower's ability to repay this Note or perform Borrower's obligations under this Note or any of the related documents. Environmental Dafauk. Failure of any party to comply with or perform when due any term, obligation, covenant or condition contained in any environmental agreement executed in connection with any loan. Falas Statements. Any warranty, representation or statement made or furnished to Lender by Borrower or on Borrower's behalf under this Note or the related documents is false or misleading in any material respect, ehher now or at the time made or furnished or becomes false or mislecding at any time thereafter. Death or Msolvency. 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 pert 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 Forfdture Proceedings. Commencement of foreclosure or forfeiture proceedings, .whether by judicial proceeding, self-help, PROMISSORY NOTE Loan No: 3573450 iContinued) Page 2 repossession or any other method, by .any creditor of Borrower or 6y any governmental agency. against any colateral securing the loan. This includep a garnishment of any of Borrower's accourrta, includimg deposit accounts, with Lender. However, this Event of Default shall not apply 'rf there is a good fakh dispute by Borrower as to tfia vaGdiry or raasonablenesa of the claim which is the basis of the creditor or forfeiture- proceeding anti if Burrower glues Lender wrrttan 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 AffsctlrM Guararrtor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party of any of the irx{ebtsdnesa or any guarantor, endorser, surety, or accommodation party dies or becomes incompsterit, or revokes or disputes the val~i`ty 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 Chanps. A material adverse change occurs in Borrower's financial conditron, or Lender believes the prospect of payment or performance of this Note is impaired. Insecurity. Lender in good faith believes itself insecure. Cure Provisions. If any default, other than a default in payment is curable and if Borrower has not bean given a notice of a breach of the same provision of this Note within the preceding twelve (12) months, ii 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 (151 days, immediately inlUatea steps which Lander deems in Lender's sole discretion to be sufficient to cure the default and thereafter corrtinues and completes ell reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. LENDER'S RIGHTS. Upon default, Lender may, after giving such notices as required by applicable law, .declare the entire unpaid principal balance under this Nola and all accrued unpaid interest immediately due, and then Borrower will pay that amount. ATTORNEYS' FEES; EXPENSES. Lender may hire or pay someone else to help collect this Note 1f Borrower dose not pay. Borrower will pay Lender that amount. This includes, subject to .any. limits under applicable few, Lender's reasonable attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit, inckxling reasonable attorneys' fees, expenses for bankruptcy proceedings {including efforts to modify or vacate any automatic stay or injunction!, and appeals. If not prohibited by applicable law, Borrower also will pay arty court costs, in addition to all other sums provided by law. GOVERNMIG LAW. Tbls Ntrta will bs povsrned by fedent law applicabk to Leader and, to tin srRsrrt not preempted by federal law, the laws of the Cormwnweakti of Psrmryivanla wkhout regard to !ts contOcta of few provisions. This Note has been ectxptsd by Lander in the Commonwealtt of Pennsylvania. RIGHT OF SETOFF. To the extent permitted by applicable law, Lender reserves a right of setoff in ail Borrower's accourrta with Lender (whether checking, savings, or soma other atxourit). This includes ail accounts Borrower holds jointly with someone else end ail accounts Borrower may open in the future. However, this does tort 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 Note is secured by tfia following collateral described in the security instruments listed herein; IA) a Corratruction Mortgage dated December 3, 2007, to Lender on real property described as 'Real Property located at Grant's Cove Subdivision, Grant Street, East Pennsboro Township, Enofa, PA 17025" and located in Cumberland County, Commonwealth of Pennsylvania. (Bj a Mortgage dated Deoeir~or 3, 2007, to Lender on real property described as "Real Property located at 135, 137, 139, & 143 North 21st Street, Camp Hitl, PA 17011" and located in Cumberland County, Commonwealth of Pennsylvania. LINE OF CREDIT. This Note evidences a straight tine of credit. Once the total amount of principal has been advanced, Borrower is not, entitled tc further loan advances. Borrower agrees to be liable for all sums either. {A) advanced in accordance. with the instructions of an authorized person or (B) cretiitad to any of Borrower's accounts with Lender. The unpaid principal balance owing on this Nate at any time may be evidenced by endorsements on this Note or by Lender's internal records, includng daily computer print-outs. POST CLOSING CONfPI(ANCE. eorrowar agrees to execute, re-execute, .cause a .Guarantor(s) or other third parry{ias) involved in the loan transaction to execute and/or re-execute and to deliver to Lander or its legal counsel, as may be deemed appropriate, any document or instrument signed in connection with the Loen which was incorrectly drafted and/or signed, as well as any document or instrument which should have bean signed at or prior to the closing of the loan, but which was not so signed and delivered. Borrower agrees to comply with any written request by Lender within ten {10) days after receipt by Borrower of such request. Failure to Borrower w so comply shall, at the option of Lender, upon notice m Borrower, constitute an event of dafauh under the Loan. COMMITMENT lEl-i'ER COMPLUINCE.. This Soan )s contingent upon Borrower's compliance with all of the terms and conditions in the commitment letter issued by !:ender to Borrower on or about November 30, 2007. Upon breach of any term of condition therein Lender shall have the right to declare this loan in default and demand payment in full of the principal balance remalnirtg unpaid, together with ell interest, which shall have accrued thereon. . CONSTRUCTION PROVfSIONS. 1) Copy of approved final land development plan and ail other requisite approvals and permits. 2) Copy of construction contract and assignment of the same. 3) Copy of detailed project cost budget. 4- Borrower shall deliver to Bank a copy of the Fixed Price or Maximum Price Construction Comract. LETTER OF CREDIT, Btxrower Acknowledges the Line of Credit is to support Letter of Credit ,f1802 issued to East Pennsboro Township Township. Should East Pennsboro Township draw upon the Letter of Credit, the Line of Credit will be funded to cover the payment made to the Township, and Borrower wiil be responsible for all payments on the Line of Credit. SUCCESSOR ~ITERESTS. The terms of this Note shall be binding upon Borrower, and upon Borrower's heirs, personal repreaerrtstives, successors and assigns, and shall inure to the beneftt of Lender and its aucceasors and assigns. NOTIFY US OF INACCURATE INFORMATION WE REPORT TO CONSUMER REPORTING AGENCfES. Please notify ua if we report any inaccurate. information about your account(s) to a consumer reporting agency. Your written notice describing the speck inaocuracy(1es) .should 6e sent to us at the following address: COMMERCE BANKiHARRISBURG N.A. LOAN SERVICING 3801 PAXTON STAEET HARRISBURG, PA t 7111. GENERAL PROVISIONS. if any .part of this Note cannot be enforced, this fact will not affect the rest of the Note. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them. Each Borrower. understands and agrees that, witfi 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 lime for payment or other terms PROMISSORY NOTE Loan No: 3573450 (COntlnued) Page 3 of any indebtedness, including increases end decreases of the rate of interest on the indebtedness; tc) excharpe, 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 whhout limitation, any non-jud~ial anle permitted by the tsrtns of the cormo8ing security agreements, as lender in its discretion may determine; (e) release, substitute, agree not to sue, or deal with any one or moro 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 appilcation of payments and credits shall be made on any other indebtedness owing by such other Borrower. Borrower and arty other person who signs, guarantees or endorses this Note, to the extent allowed by law, waive presentment, demand for payment, and notice of dishonor. Upon any change in the terms of this Note, and unless otherwise expressly stated in writing, no party who signs this Note, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew or extend (repeatedly and for any length of timel this loan or release any party or puarentor or collateral; or impair, fail to realize upon or perfect Lender's security inrterest in the collateral; and Sake 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 Nota are joint and several. ff 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 HLED, CONFESS OR ENTER JUDGMENT AGAINST BORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THIS NOTE AND ALL ACCRUED INTEREST, LATE CHARGES AND ANY AND ALL AMOUNTS .EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THIS NOTE, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT 11096) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT tN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS (5600) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING. THIS NOTE OR A COPY OF THIS NOTE VERIRED BY AFFIDAVIT SHALL 8E 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 PAYMEN7 IN FULL OF ALL AMOUNTS DUE UNDER THIS NOTE. BORROWER HEREBY WAIVES ANY RIGHT BORROWER MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO BORROWER'S ATTENTION OR BORROWER HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL. PRIOR TO SIGNING THIS NOTE, EACH BORROWER READ. AND UNDERSTOOD ALL THE .PROVISIONS OF THIS NOTE, INCLUDING THE VARIABLE MTEREST 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 INT~IDED THAT THIS NOTE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. BORROW 7 X - ' (Sea11 a Itng __ IA771k FlIO Wwibtl~V~.OAOD.00{ AM.IbMtlfww7Y 7Mi0w7, ~. 77R. 7007. M1iM~OnsYl. .M fgNW~Mp~7M1B7C/lA/L1O70.K 711.70777 IR70 CHANGE IN TERMS. AGREEMENT 4oan No: 3573450 (COntinuedj p~ 2 TH16 ~ u GAM! WIDER ~ ANO R ~ ~xTE~DEO TWIT 'i'N!S parr is A~ro swW. CONSmuTE ~n w-rrE ~n+e EFFECT OF A O~IRUIIP.N! AtxOItA1NG TO LAW. PRIOR TO ~ONMtd TFM AtI~I6~IT~ FJbCk BONROMIIE7t RFJ1D /IND UNDERli7+00p ALI. T!1[ PR~C~41lI81O11a OF TINS AOREEMEkT, INCLUDING Tl1E 1//Ip1Al~ INTEREIl7 ATE P'ROYIOION6. EACH 60RROIMElt ApiI~S TO THE TERIla OF THE AGREEMeNT, x n x ~ wprwtw~-w:wanw ora ~rrrrrr+wir.~. wl, sus r.~~.ww~ -w ~ilw+wery ~w~l~ ~ .r ~_" -~i; re s.~ ~~., ~ :~ ..ill I AM EXECUTING THIS 15TH DAY OF DECEMBER 2010, A CHANGE IN TERMS AGREEMENT TO THE PROMLSSORY NOTE FOR $230,795.33 (LOAN NUMBER 3573450 OBUGATiNG ME TO REPAY THAT AMOUNT. A. 1 UNDERSTAI~ THAT THE NOTE AND THE CHANGE IN TERMS AYI' OONTAINS A CONFESSION OF JUDGMENT PROVISION THAT WOULD PERMIT tENDER TO ENTER JUDGMENT AGAINST ME IN COURT, AFTER A DEFAULT ON THE NOTE AS AMENDED, WITHOUT ADVANCE NOTICE TO ME AND WRHOUT OFFERING ME AN OPPORTUNITY TO DEFEND AGAINST THE ENTRY OF JtIbGMENT. IN EXECUTING THE CHANGE IN TERMS AGREEMENT, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE MID TO A HEARING TO CONTEST THE VALIDITY OF ANY JUDGMENT OR OTHER CLAIMS THAT (ENDER MAY ASSERT AGAINST ME UNDER THE NOTE AS AMENDED, I AM KNOMIINGLY, INTEWGENTtY, AND VOLUNTARILY WAMNG THESE RIGHTS, INCLUDING ANY RIGHT TO ADVANCE NOTICE OF THE ENTRY OF JUDGMENT, AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S ENTERING: JUDGMENT AGAINST ME BY CONFES510N AS PROVIDED FOR IN THE OONFESSION OF JUDGMENT PROVISION=j ~1~~ /~/'~ INfIIALS: it y ~J 8. I FURTHER UNDERSTAND THAT IN ADDRION TO GMNG LENDER THE RIGHT TO ENTER JUDGMENT AGAINST MF WITHOUT ADVANCE NOTI(f;OR HEARING,. THE ODNFESSION' OF JUDGMENT PROVISION IN THE. NOTE AND THIS CHANGE IN TERMS AGREEMENT AL50 CONTAIN tANCUAGE THAT WOULD PERMIT UNDER,. AFTER' ENTRY OF JUDGMENT, AGAIN WIT7i0UT EITHER ADVANCE NOTICE OR A HEARING, TO EXECUTE ON THE 1UDGMENT BY FORECL061NG UPON, ATTACHING, LEVYING ON, TAKING .POSSESSION OF OR OTHERWLSE SEIZING MY PROPERTY, IN FULL OR PARTIAL PAYMENT OF THE JUDGMENT. IN EXECUTING THE CHANGE IN TERMS AGREEMENT, BEING FULLY AWARE OF MY R16HT5 T'0 ADVANCE NOTKE AND A HEARING AFTER JUDGMENT IS ENTERED AND BEFORE DLECU710N ON THE JUDGMENT, I AM KN01NRrl"aLY, INTELLIGENTLY AND VOLUNTARR.Y WAMNG THESE RIGHTS, AND I EXPRESSLY AGREE AND CONSENT 7T) LENDER'S IMMEDIATELY EXECUTING ON THE JUDGMENT', IN ANY MANNER PERMITTED BY APPLICABLE STATE AND FEDERAL LAW, WITFIOIJT GIVING ME ANY ADVANCE NOTICE. INfIIALS: __L C. .AFTER HAVING READ ANO DET77iMINED WHICH OF THE FOLLOWING STATEMENTS ARE APPLICABLE, AND BY PLAgNG MY INITIALS NEXTTO EACH STATEMENT WHICH APPLIES,1 REPRESENTTHAT: (NIIIALS: 1.1 WAS REPRESENTED BY MY OWN INDEPENDENT LEGAL COUNSEL IN CONNECTION WITH THE NOTE AND THIS CH G I~ jt TERMS AGREEMENT. _~'j 2. A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE AND CHANGE IN TERMS AGREEINENf'TO MY ATTENTION, D. 1 CERTUY THAT MY ANNUAL INCOME EXCEEDS $10,000; THAT THE BLANKS IN THIS DISCLOSURE WERE FIU.ED IN WHEN 1 INITIALED AND SIGNED R; AND THAT( RECEIVED A COPY AT THE TIME OF SIGNING. THIS DLSGiOSIJRE 15 GIVEN UNDER SEAL AND IT IS INTENDED 7}WT THIS DlSa05URE LS AND SHALL CONSTITUTE AND HAVE 711E EFFECT OF A SEALED INSTRUMENT ACCORDING TO'LAW. DE ;' X (~) Wi I m H. 6 lire DLS(105URE FOR CONFESSION OF JUDGMENT 1 AM EXECUTING THIS 15TH DAY OF DECEMBER 2010, A CHANGE IN TERMS AGREEMENT TO THE PROMISSORY NOTE FOR $230,795.33 (LOAN NUMBER 3573450) OBLIGATING ME TO REPAY THAT AMOUNT. A. I UNOERSTAND THAT THE NOTE AND THE CHANGE IN TERMS AGREEMENT CONTNNS A CONFESSION OF JUDGMENT PROVISION THAT WOULD PERMIT LENDER TO ENTER JUDGMENT AGNNST ME IN COURT, AFTER A DEFAULT ON THE NOTE AS AMENDFA, WITHOUT ADVANCE NOTICE TO ME ANO WITHOUT OFFERING ME AN OPPORTUNITY TO DEFEND AGAINST THE ENTRY OF JUDGMENT. IN EXECUTING THE CHANGE IN TERMS AGREEMENT, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND TO A HEARING TO CONTETT THE V/WDRY OF ANY JUDGMENT Oft OTHER CWMSTHAT LENDER MAY ASSERT AGNNST ME UNDER THE NOTE AS AMEPIDED, l AM KNOWINGLY, INTELLIGINRY, AND VOLUNTARILY WNVING THESE RIGHTS, INCLUDING ANY RIGHT TO ADVANCE NOTICE OF THE @NTitY OF JUDGMENT, AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S- ENTERING ENT AGAINST ME BY CONFESSION AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT PROVISKNY. INTTiALS• B. 1 FURTHER UNDERSTAND THAT IN ADDITION TO GMNG LENDER THE RIGHT TO ENTER JUDGMENT AGNNST ME WITHOUT ADVANCE NOTICE OR HEARING, THE OONFESSKIN OF JUDGMENT PROVISION IN THE NOTE AND THIS CHANGE IN TERMS AGREEMENT ALSO CONTAIN LANGUAGE THAT WOULD PERMIT ~ AFTER ENTttY OF.RJDGMENT, AGAIN WITHOUT EITHER ADVANCE NOTE OR A HEARING, TO EXECUTE ON THE JUDGMENT BY FORECLOSING UPON, ATTACHING, LEWING ON, TAKING POSSESSION OF OR dTHt3tWISE SEIZING MY PROPERLY, IN FULL OR PARTL4L PAYMENT OF THE JUDGMENT. IN EXECUTING THE CHANGE IN TERMS i4GREEMEM', BEING RJLLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND A HEARING AFTER JUDGMENT IS ENTERED AND BEFORE EXECUTION ON THE JUDGIII~NT, I AM KNOIMNGLY, INT'HlIGENTLY AND VOLUNTARILY WAIVING THESE RIGHTS, AND i DfPt~SSLY AGREE AND COI~EIrT TO LENDER'S IMMEDIATELY DIECUTING ON THE JUDGMENT, t MANNER PERMITTED BY APPUGI6LE STATE AND FEDERAL LAW, WITHOUT GIVING ME ANY ADVANCE NOTICE. INITIALS/ C• AFTER HAVING READ AND DETETtMNED WHK2i OF THE FOU.OWING STATEMENTS ARE APPUCN3LE, AND BY PLACING MY INITIALS NEXTTO EACH STATEMENT WHICH APPLIES, I REPRESENTTHAT: INITIALS: L i WAS REPRESEMTED BY MY OWN INDEPENDENT LEGAL COUNSEL IN CONNECTION WITH THE NOTE ANO IN TERMS A61tEEMENT. 2. A REPRESENTATIVE OF IENDER. SPECIFICALLY CALLED THE O~IFESSION OF JUDGMENT PROVISION IN THE CHANGElN TERMS AGREEMENT T'O MY ATTENTION. ~• ~~TJ ~ I CERTIFY THAT MY ANNUAL. INCOME EXCEEDS $10,000; THAT THE BLANKS IN THIS DISCLOSURE WERE FILLED IN WHEN I INITIALED AND SIGNED R; AND THAT I RECEIVED A COPY AT THE TIME OF SIGNING. THIS DLSCLOSURE 1S GIVEN UNDER SEAL AND R IS INTENDED THATTHIS DISCLOSURE 15 AND SHALL CON511TUTE AND HAVE THE EFFECT OF A SEALED INSIRUMENTACCORDING TO LAW. DECLARANT: X (SEN.) Ke(ly J. Rng DISCL~. JURE FOR CONFESSION OF .. JDGMENT _.. .. ~~ ~,~„ 7°ISr.II . - ~~ ~- .. ~~ - ~° 4 a References in tha boxes above are for Lender'ause oNy enddo not limit the eppiicability of this document to any particular loan or item. Any hem above oonteininS "• • •" has .bean omitted due to text lenptl~ Umitedona BOrrOWt3r: WAhm H. Goodik~p Lltltder: COMMERCE BANKlHARRISBURG N.A. Keay J. Goodflnp COMMERCIAL MORTGAGE DEPARTMETIT 395 Anson Avsnua 3501: PAXTON STREET' Mechan(gburp, PA 1706b HARRISBURG, PA '17111 i71T- 975-5630 Dttclerelnt: Wptlem H. Ooodpnp 396 Anson Avenue Mschenicsburp, PA 17056 DISCLOSURE FOR CONFESSION OF JUDGMENT I AM EXECUTING, THIS _,~ DAY OF _--~~~'~'11~ , 20~A PROMISSORY NOTE FOR $883,000.00 OBLIGATING ME TO REPAY THAT AMOUNT. A. 1 UNDERSTAND THAT THE NOTE CONTAl1YS 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 JUDC9tNENT OR OTHER CLAIMS THAT LENDER MAY ASSERT AGAINST ME UNDER THE. NOTE,1 AM KNOWINGLY, INTELLIGENTLY. AND'VOLUNTARILY WAIVING THESE RICaHTS, INCLUDING ANY RIGHT TO ADVANCE NOTICE OF THE ENTRY OF JUDGMENT, AND I EXPRESSLY AGREE. AND CONSENT TO -LENDER'S .ENTERING JUDGMENT AGAINST ME B ION AS PROVIDED-FOR IN THE CONFES610N OF JUDGMENT PROVISION. / INITIALS# B. I FURTHER UNDERSTAND THAT IN ADDITION TO GIVING LENDER THE RIGHT TO ENTER JUDGMENT.AGAINST ME WITHOUT ADVANCE NOTICE OR A HEARINQ, 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, W FULL OR PARTIAL PAYMENT OF THE JUDGMENT. IN EXECUTING THE NOTE, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND A HEARINti AFTER JUDGMENT IS ENTERED AND. BEFORE EXECUTNNN ON THE' JUDGMENT, F AM KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY WAIVING THESE RKiHTS. AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S IMMEDIATELY EXECUTBYO ON THE JUt3GMENT IN ANY MANNER rPPLICABLE STATE AND FEDERAL LAW, WITHOUT GIVING ME ANY ADVANCE NOTICE. ,,.~~ INITIALS: -~ "` C. AFTER HAVING READ AND DETERMINED WHK;H OF THE FOLLOWING STATEMENTS ARE APPLICABLE, BY INITIALING EACH STATEMENT THAT APPLIES, I REPRESENT THAT: IN LS ,,,.,.- ~ I WAS REPRESENTED BY MY-OWN 611DEPENDENT LEGAL COUNSEL IN CONNECTION WRH THE NOTE. 2. A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THE COFIFESSION 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 1 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 IN5TRUMENT ACCORDING TO LAW. DECLA X ' •~ --ISeei} WINem oodRrg tA@R Mq UnMy, Vc ".1L00.0Dt Cq., NrM/ IIrW t.Mra,nL pr. 141, fm7. N ~ N,r.Y. .1St i1W"Y7! N{.1D DISCLL.~URE FOR CONFESSION OF ., ,~DGMENT _. . References in the boxes above are for Lender's use only and do not limit the appNcsbfiity of thls document to any particular loan or item. Anyitem above ooMa{nine "•' has been om'rtbsd d~ to text le limltationa. Borrower William H. OoodNnp Lender: COMMERCE BANKlHARRISBURG NA. • Kepy J. Goodanp COIIAMEItGIAL MORTGAGE DEPARTMENT 386 AEson Avenw 3601. PAXTON STREET Mechsnksbur0, PA 17066 HARRISBURG, PA 17111 {717} 97b=5630 DeClarent: Kelly J. Good6np 386 Alison Avenue Mechanksbur0, PA 17066 DISCLOSURE FOR CONFESSION OF JUDGMENT IAM EXECUTWG, THIS ~ ______ DAY OF [JL."'~~/~'YI~+~+j , 20 O ,/A PROMISSORY.NOTE FOR 0883,000.00 OBLIGATING ME TO REPAY THAT AMOUNT. A. i UNDERSTAND THAT THE NOTE CONTAINS A CONFESSION OF JUDGMENT PROVISION THAT WOULD PERMIT LENDER TO ENTER JUDGMENT AGAINST ME IN COURT, AFTER A DEFAULT ON THE NOTE, WITHOUT ADVANCE NOTICE TOME AND WITHOUT OFFERING ME AN OPPORTUNITY TO DEFEND AGAUYST THE ENTRY OF JUDGMENT. IN EXECUTING THE NOTE, BEgVG FULLY AWARE OF MY RIGHT8 TO ADVANCE NOTK3E 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 RKaHTS, INCLUDING ANY RIGHT TO AQV CE NOTICE OF THE ENTRY OF JUDGMENT, AND 1 EXPRESSLY AGREE AND CONSENT TO LENDER'S 'ENTERING JUDGMENT AGAINS CONFESSION AS PROVIDED FOR 1N THE CONFESSION OF JUDGMENT PROVISION. r.~fNIT1ALS: e. I FURTHER UNDERSTAND THAT IN ADDITION TO GMNG LENDER THE RIGHT TO ENTER JUDGMENT AGAINST ME WRHOUT ADVANCE NOTICE OR A HEARgIIG, THE CONFESSION OF JUDGMENT PROVISION iN THE NOTE ALSO CONTAINS LANGUAGE THAT WOULD PERMIT LENDER, AFTER ENTRY OF JUDGMENT, AGAIN WITHOUT EITHER ADVANCE NOTK3: OR A HEARING, TO EXECUTE ON THE JUDGMENT BY FORECLOSING UPON, ATTACHING, LEVYING ON, TAKING POSSESSION OF OR OTHERWISE SEIZING MY PROPERTY, fl11 FULL OR PARTIAL PAYMENT OF THE JUDGMENT. IN EXECUTING THE NOTE, BEING FULLY AWARE OF MY RK3HTS TO ADVANCE NOTICE AND A HEARING AFTER JUDGMENT iS ENTERED AND BEFORE EXECUTION ON THE JUDGMENT, 1 AM KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY WAIVING THESE RIGHTS, AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S 61AMEDIATELY EXECUTING ON THE JUDGMENT IN ANY MANNER P M ED BY APPLICABLE STATE AND FEDERAL LAW, WITHOUT GMNG NIE ANY ADVANCE NOTICE. ,r- C. AFTER HAVE1lG -READ AND .DETERMINED WHICH OF THE FOLLOWING STATEMENTS ARE .APPLICABLE, BY INRIALING EACH STATEMENT THAT APPLIES, I REPRESENT THAT: 1. yWAS REPRESENTED BY MY OWN INDEPENDENT LEGAL COUNSEL IN CONNECTION WITH THE NOTE. ~'r~ 2. A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THE CONFES810N OF JUDGMENT PROVISION IN THE NOTE TO MY ATTENTION. D. I CERTIFY THAT MY ANNUAL INCOME EXCEEDS 010,000; THAT THE BLANKS ilY THIS DISCLOSURE WERE PILLED IN WHEN I INITIALED AND SIGNED R; AND THAT 1 RECEIVED A COPY AT THE TIME OF SIGNING. THIS DISCLOSURE IS GIVEN UNDER SEAL AND R IS INTENDED THAT THIS DISCLOSURE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A; SEALED 6YSTRUMENT ACCORDINQ TO LAW. CHANGE IN TERMS AGREEMENT Princ~al Loan Date Maturity l.oan'No CaM !cull Account Offlt:ar Initials ;270 532..76 12-03,2007 12-03 2010 3573450 g92 Refsronoes in the boxes above sro far l.andar's use onlx and do not Ilmit the pa pNcsbilMy of this documsM to arh+ partlwlar ben or item. kem above Containi •~•~ has been o due to text Iimitatiorrs. BOrrCwer: iNiNiem H. Goodifag r METRO BANK III J. Goodiing COMIAERCULL MORTGAGE DEPARTMENT 3718 Alison Avarua 3x01 PAXTON t3TREET Meehanlasburg, PA 17055 HARRItiiBURfi, PA '17111 -(888)!37-D004 Principe Amotau: s270,632.7f date of Agreement: January 18, 2010 DE8Cti1PT1pN OF DOSTMItI' BiDEBTEDNE88, Refer to the Promissory Note dated December 3, 2007. DESCRIPTION OF COLLATERAt» Refer to the Security Documents dated December 3, 2007. OE$CRdRTION OR CHANGE IN TERMB. Etfsdive with the aipninp of this Chenga in Terms Agroament, the rematNng availebiltty under this straight Itne of aedit w18 bs roduoed from 5102,824.57 b S50,D00.00. A lot release price of s38,~0.00 per lot shall be added to this loan facility. GONTItAANO VAl1DfTY. F~coept es axprsssy ganged by this Agreement, the terms of the original obligadon or obNgations, irxduding all egrssnrsrNS evidenced or ascwk~g the ohlige0on(t}, remain unchanged and in tuN foece and etfecL Consent try Lander to this Agroement doss not waive Lendero right to sbiot parfarmence of ifK obllgatbn(s) as changed, nor obligate tender to make any future darrge in terms. Nothing in this Agreement wlll oonstltWe s saUafadion of the obligation{s). tt fa the IMerrYon of t.endar to rotate as liatrle parties all maker and endorsers of the oripinel abligallon(e), krduding acoammodatbn parties, artless e endorser, inctuding ar~onxnod~lon makers, will rat be released virtue of this ~ ~ ~~~ released ~ Lander h writing. Any maker or does not sign fhb ~' Aprsemsrt. K any person who si{Pred the engine! obBgaNon AprMraent below, then all peroona NgnMp below edarowledge that this Agreemert fo given condftionaliy, based on the roprasaMalion lao !.ender that the non-signlny party corubnts to the dwnpa end provisions of thin Agreement or otherwise will not tie released by ft. This waiver applies not only m arty in8lal extension, modlticatbn or ralsste, but also to all such subsequent actbns. REFERENCE TO LENDER. Thk Change In Tem-s Agrooment !: traing nurda by Metro Bank fomrerly known as Commerce Bank ! Harttstwrg, NA. CONFE8810N OF JUDGMENT. BORROWER HEREBY IRREVOCABLY AU'FHOR¢ES AND t7NPOWERS ANY ATTORNEY OR THE PROTt•IONOTARY OR CLERIC OF ANY COURT W THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR BORROVER AFTER A DEFAULT UNDER THIS NOTE AND WITH OR WfTHOUT COMPWNT FILED, CONFESS OR ENTER JUDGMENT AG/UNST BORROWER FOR THE ENTIRE- PRINCIPAL BALANCE OF THIS NOTE Ate ALL ACCRUED INTEREST, LATE CHARtiE3 ANO ANY AND ALL AMOUhIT3 EXPlB•IDED OR ADVANCED BY LENDER RELATING TO ANY COl1ATERAL SECURMG THIS NOTE, TOGETHER WITH C03T3 OF SUIT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT (1076) OF THE iN1PA1D PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLL.ECi101/, BUT 8+1 ANY EVENT NOT LESS THAN FNE HUNDRED DOLLARS {:500) ON WHICH JUDGMENT OR JUDGMEMS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR 30 DOING, THRS NOTE OR A COPY OF THIS NOTE VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN TIiIS NOTE TO CONFESS JUDGMENT AGAINST BORROWER SHALL NOT BE EXHAUSTEp 8Y ANY EXERCISE OF THAT AUTHORf1Y,'BUT SHAi:L CONTINUE FROM TMNE TO TUNE AND AT ALL TIMES UNTIL PAYMENT 8J FULL OF ALL AMOUN'i8 OUE UNDER THIS NOTE. BORROWER HEREBY WANES ANY RtGHTBORROWER MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT AND STATES THAT EITHER A REPRESENTATIVE OF LEA~f3t SPECIFICAIJ_Y CALLED THRS CONFESSION OF JUDGMENT PROVtS1pN TO BORROWER'S ATTENTION OR 80RR04VER HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL. THIS AGREEMENT 'I.R GNEN UNDER 8EAL AND It I.S INTENDED THAT THIS AGREEMENT 19 AND SHALL CONSTIFUTE AND HAVE THE !8'FECT OF A SEALED BiSTRti' ACCORDING TO LAW. PRIOR TO 8lGNM~Fti THIS AGREEtAENT, EACH Bt7RRONIER READ-.AND UNDF_RSTOOD AlL THE PROVISIONS OF THIS AGREEMENT. EACH BORROWER AGREES TO THE TERMS pF THE AGREEMENT... BO X~ I ar -- ISaal) X ~ J _~Seal) tMPIw14,YnW +t1.~M.f1.R} lip. wYl~li,M:f~1Yt~A iih lAl.71~ Ni~U ~IS,A •Yii T1'9'4F'f MI.B DISCLQ$~,RE FOR CONFESSION OFIUDGMEN7 I AM EXECUTING THIS 16TH DAY OF JANUARY 20,10, A CHANGE IN TERMS AGREEMENT TO 7HE PROMISSORY NOTE FOR $270,632.76 {LOAN NUMBER 3573450} OBUGATiN~ ME TO REPAY THAT AMOUNT. A. I UNDERSTAND THAI' THE NOTE AND THE:CHANGE IN TERMS AGREEMENT CONTAINS A CONFESSION OF JUDGMENT PROVISION THAT WOULD PERMR LENDER TO ENTER JUDGMENT AGAINST MEJN COURT, AFTER A DEFAULT ON _ _ _. THE NOTE AS AMENDED, WTTHOIJT ADVANCE NOTICE TO ME AND WITHOUT OFFERING ME AN OPPORTUNRY TO OFFEND AGAINST THE ENTRY OF JUDGMENT. IN EXECUTING THE GRANGE IN TERMS AGREEMENT, BEING. FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE ANOTO A HEARING TO CONTEST THE VALIDITY OF ANYJUOGMENT OR OTHER CLAIMSTHAT LENDER MAY ASSERT AGAINST ME UNOER THE NOTE AS AMENDED, I AM KNOWINGLY, INTEWGENTLY, ANO VOLUNTARILY WAIVING THESE RIGHTS, INCLUDMG ANY RK'aHTTO ADVANCE NOTICE OFTHE ENTRY OF 1UOGMENT, ANO I EXPRESSLY AGREE AND CONSENT TO LENDER'S EN~TERI~NG JUDGMENT AGAINST ME BY CONFESSION AS PROVIDED FOR IN THE CONFE5510N OF JUDGMENT PRC-VISIOA~~• V' INRIALS: B. I FURTHER UNDERSTAND THAT IN ADDITION TO GIVING LENDER THE RIGHT TO ENTER JUDGMENT AGAINST ME WITHOUT ADVANCE NOTICE OR HEARING, THE CONFESSION pF JUDGMENT PROVISION IN THE NOTE AND THIS CHANGE IN TERMS AGREEMENT ALSO CONTAIN LANGUAGE THAT WOULJJ PERMR LENDER, AFTER ENTRY OFlUDGMENT, AGAIN WITHOUT EITHER ADVANCE NOTICE ORA 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 CHANGE IN TERMS AGREEMENT, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND A HEARING AFTER JUDGMENT IS ENTERED AND BEFORE EXECUTION ON THE JUDGMENT, 1 AM KNOWINGLY,.. INTELLIGENTLY AND VOLUNTARILY WAIVING ESE RIGHTS, AND 1 EXPRESSLY AGREE AND CONSENT TO LENDER'S IMMEDIATELY EXECUTING 8N THE JUDGMENT I MANNER PERMRTED BY APPLICABLE STATE AND FEDERAL LAW, WRHOIR GIVING ME ANY ADVANCE NOTICE. INITIALS: C. .AFTER HAVING. READ AND DETERMINED WHICH OF THE FOLLOWING STATEMENTS ARE APPLICABLE, AND BY PLACING MY INRIALS NEXT TO EACH STATEMENT WHICH APPLIES, I REPRESENT THAT: INITIALS: .1 WAS REPRESENTED BY' MY OWN fNDEPENDENT LEGAL COUNSEL IN CONNECTION WRH THE NOTE AND THIS 'TERMS AGREEMENT. 2.'A'REPRESENTATiVE OF LENDER:SPECIFICALLY.CALLED THE ODNFESSION OF JUDGMENT PROVISION IN THEN AND CHANGE IN TERMS AGREEMENT TO MY ATTENTION. D. ~~ I CERTIFY THAT MY ANNUAL INCOME IXCEEDS 510,000; THAT THE BLANKS IN THIS DISCLOSURE WERE fILL:ED IN WHEN t lNR1ALE0 ANO SIGNED 17; AND THAI I RECEIVED A COPY AT THE TIME OF SIGNING. THIS DISCLOSURE IS GIVEN 4iNDER SEAL AND R (S INTENDED THAT THIS DISCLOSURE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO-LAW. DECLA T: ~-~--~.,` X (SEAL} W Iliam . Good[fng ' DISCLOSUR~OR SONFESSION OF JUDGMENT I AM EXECUTING THIS 18TH. DAY ~ JANUARY 2010, A CHANGE IN TERMS AGREEMENT TO THE PROMISSORY NOTE-FOR $270,632.76 ~kOAN NUMBER 3573450) OBLIGATING ME TO REPAY THAT AMOUNT. A. I UNDERSTAND THAT THE NC1TE AND THE CHANGE IN TERMS AGREEMENT CONTAINS A CONFESSION OF JUDGMENT PROVISION THAT WOULD PERMIT LENDER TO ENTER JlIOGMENT AGAINST ME IN COURT,. AFTER A DEFAULT ON THE NOTE AS AMENOED, WITHOUT ADVANCE NOT~CE.TO ME AND WITHOUT OFFERING ME AN UPPORTUNII'Y TO DEFEND AGAINSTTHE ENTRY OF JUDGMENT. IN EXECUTING THE CHANGE 1N TERMS AGREEMENT, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND TO A HEARING TO CONTEST THE VALIDITY OFANY JUDGMENT OR OTHER CLAIMS THAT LENDER MAY ASSERT AGAINST ME UNDER THE NOTE AS AMENDED, I AM KNOWINGLY, INTELLIGENTLY; AND VOLUNTARILY WAMNG-THESE RIGHTS, INCLUDING ANY RIGHT TO ADVANCE NOTICE OF THE ENTRYOE JUDGMENT, AND 1 EXPRESSLY AGREE AND CONSENT TO LENDER'S ENTERING JUDGMENT AGAINST ME BY OONFESSION AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT PROVISIO INITIALS: li. I FURTHER UNDERSTAND THAT IN ADDI710N TO GIVING LENDER THE RIGHTTO ENTER JUDGMENT AGAINST ME WITHOUT ADVANCE NOTICE OR HEARING, THE CONFESSION OF JUDGMENT PROVISION 1N THE NOTE AND THIS CHANGE 1N TERMS AGREEMENT ALSO CONTAIN LANGUAGE THAT WOULD PERMIT LENDER, AFTER ENTRY OF JUDGMENT, AGAIN WITHOUT EITTiER ADVANCE NOTICE OR A NEARING, TO EXECUTE ON THE JUDGMENTBY FORECLOSING UPON, ATTACHING, LEVYING ON, TAKING POSSESSION OF OR .OTHERWISE 3EWNG MY PROPERTY, IN"FULL OR PARTIAL .PAYMENT OF THE JUDGMENT. iN EXECUTING THE CHANGE IN TERMS AGREEMENT, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND A. HEARING AFTER JUDGMENT IS ENTERED AND BEFORE EXECUTION ON THE lUOGMENT, I AM KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY WAIVING THESE RIGHTS,. AND I EXPRESSLY AGREE AND CONSENT T8 LENDER'S IMMEDIATELY EXECUTING ON THE JUDGMENT, I ANY MANNER PERMITTED BY APPLICABLE STATE AND FEDERAL LAW! WITHOUT-GIVING ME ANY ADVANCE NO11CE. INIi'tA1S: C. AFTER HAVING READ AND DETERMINED: WHICH OF THE FOLLOWING STATEMENTS ARE.APPUCABLE, ANO BY PLACING MYiNITIALS NEXT TO EACH STATEMENT WHICH APPLIES, I REPRESENTTHAT: INITIALS: 2. I. WAS REPRESENTED BY MY OWN INDEPENDENT LEGAL COUNSEL IN CONNECTION WITH THE-NOTE AND E IN TERMS AGREEMENT. 2. A REPRESENTATIVE OF LENDER SRECIFlCALI.Y CALLED THE CONFESSION OF JUDGMENT PROVISION IN TH D CHANGE IN TERMS AGREEMENTTO MY ATTENTK7N. ~• ~~ I CERTIFY THAT MY ANNUAL INCOME EXCEEDS $10,000; THAT THE BLANKS IN THIS DISCLOSURE WERE FILLED IN WHEN t INITIALED AND SIGNED (T; AND THAT I RECENED A COPY AT THE TIME OF SIGNING. THIS DISCLOSURE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT TH15 DISCLOSURE IS ANO SHAU_ COWSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENTACCORDING TO LAW. DECLARANT: X (SEAL) Kelly 1. Go METTE, EVANS & WOODSIDE Heather Z. Kelly, Esquire Attorney I.D. No. 86291 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 (717) 236-1816 (fax) hzkelly~a,mette.com Attorney for Plaintiff METRO BANK, f/k/a COMMERCE BANK/HARRISBURG, N.A. Plaintiff v. c`3 ~ r..a © -~; ~~ ~~ ~ ~ ~ ~ ~+ rn Z o r*~ -- ' c i~~` -~A ~ ~ ~~ ' a~ r-~ ~~ D~ ~°' 3 ~'~*'s ? ~ ~ c-:s IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. /02 -0850 ~ V~ l ~~M+ WILLIAM H. GOODLING and KELLY J. GOODLING, Defendants Certificate of Address I hereby certify that the Defendants maintain a residential address at: William H. Goodling 395 Allison Avenue Mechanicsburg, PA 17055 Date: November 6, 2012 Kelly J. Goodling 395 Allison Avenue Mechanicsburg, PA 17055 Respectfully submitted, Heather Z. Kelly, quire I.D. No. 86291 Mette, Evans & Woodside 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Telephone: (717) 232-5000 Attorney for Plaintiff METTE, EVANS & WOODSIDE Heather Z. Kelly, Esquire Attorney I.D. No. 86291 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 (717) 236-1816 (fax) hzkelly(a~mette.com Attorney for Plaintiff METRO BANK, f/k/a COMMERCE BANK/HARRISBURG, N.A. Plaintiff v. WILLIAM H. GOODLING and KELLY J. GOODLING, Defendants ~ C c _~. ~ -tj3 ,.' ,,.. ~..~. ~~ ~ © s*-r- " ~,, ~ .¢ t7 fTt Vic-' ~ Ica r-z - ~ ~ ~, ~' ~ ~ xc~ v~ c,.., ` ~ ~ ,. -~c ~, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. /a2 - (y$~~ tai yr ~ ~Pa'la 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 aze adult individuals and aze 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, 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) hzkell~na,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~ C r..a ° ~. ' -g 3 ~ ^' "I ~~ z ~~ o -c ter.. -~a r- ~ ~~, °~ ~ o z ca y=y c - ~ r~ .~ rte; '.~ w ` ~ -~ ~ ~; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO. ~a - f~85t~ ~~ vii TrN1 Notice Under Pa R.C.P. 2958.1 Of Judgment And E%ecution Thereon Notice of Defendant's Rights TO: William H. Goodling 395 Allison Avenue Mechanicsburg, PA 17055 A judgment in the amount of $247,506.29 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 Baz Association 32 S. Bedford Street Cazlisle, PA 17013 (717) 249-3166 1-800-990-9108 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~a mette.com Attorney for Plaintiff METRO BANK, f/k/a COMMERCE BANK/HARRISBURG, N.A. Plaintiff v. ~... `5 ~~ ~~ 2 ~"'~ ~+~ '~"' "'[~ r~ ~~ ~ } ~ ~~ -~' ~~. ~ -n z~ ~ o~ .~, ~ ,~- :~ :~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. I o1. - (0 85U WILLIAM H. GOODLING and KELLY J. GOODLING, . Defendants Notice Under Pa R,C.P. 2958.1 Of Judsment And Eacecution Thereon Notice of Defendant's Rights TO: Kelly J. Goodling 395 Allison Avenue Mechanicsburg, PA 17055 A judgment in the amount of $247,506.29 has been entered against you in favor of the plaintiff without any prior notice or hearing, based on a confession of judgment contained in a written agreement or other paper allegedly signed by you. The sheriff may take your money or other property to pay the judgment at any time after thirty (30) days after the date on which this notice is served on you. You may have legal rights to defeat the judgment or to prevent your money or property from being taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 1-800-990-9108 Respectfully submitted, Heather Z. Kelly, squire I.D. No. 86291 Mette, Evans & Woodside 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Telephone: (717) 232-5000 Attorney for Plaintiff Date: November 6, 2012 METTE, EVANS & WOODSIDE Heather Z. Kelly, Esquire Attorney I.D. No. 86291 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 (717) 236-1816 (fax) hzkelly_(a),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 t~ ~ c -' e~ ,~; --~ .Z ~ Z' ~ r~ ~ C rn ~ ~ f'rl ~ ~D, ~ off' r~ --~ z~ D~ ~ ~~ ~;.~ .. ~ ~ ~ ~ y' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. la - (p850 Civi/ T rw- 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. § 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. Ke y, Esquire I.D. No. 86291 Mette, Evans & Woodside 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Telephone: (717) 232-5000 Attorney for Plaintiff Date: November 6, 2012 PENNSYLVANIA RULE OF CIVIL PROCEDURE 2959 STRIKING OFF OR OPENING JUDGMENT; PLEADINGS AND PROCEDURE (a)(1) Relief from a judgment by confession shall be sought by petition. Except as provided in subparagraph (2), all grounds for relief whether to strike off the judgment or to open it must be asserted in a single petition. The petition may be filed in the county in which the judgment was originally entered, in any county to which the judgment has been transferred or in any other county in which the sheriff has received a writ of execution directed to the sheriff to enforce the judgment (2) The ground that the waiver of the due process rights of notice and hearing was not voluntary, intelligent and knowing shall be raised only (i) in support of a further request for a stay of execution where the court has not stayed execution despite the timely filing of a petition for relief from the judgment and the presentation of prima facie evidence of a defense; and (ii) as provided by Rule 2958.3 or Rule 2973.3. (3) If written notice is served upon the petitioner pursuant to Rule 2956.1(c)(2) or Rule 2973.1(c), the petition shall be filed within thirty days after such service. Unless the defendant can demonstrate that there were compelling reasons for the delay, a petition not timely filed shall be denied. (b) If the petition states prima facie grounds for relief the court shall issue a rule to show cause and may grant a stay of proceedings. After being served with a copy of the petition the plaintiff shall file an answer on before the return day of the rule. The return day of the rule shall be fixed by the court by local rule or special order. (c) A party waives all defenses and objections which are not included in the petition or answer. (d) The petition and the rule to show cause and the answer shall be served as provided in Rule 440. (e) The court shall dispose of the rule on petition and answer, and on any testimony, depositions, admissions and other evidence. The court for cause shown may stay proceedings on the petition insofar as it seeks to open the judgment pending disposition of the application to strike off the judgment. If evidence is produced which in a jury trial would require the issues to be submitted to the jury, the court shall open the judgment. (f) The lien of the judgment or of any levy or attachment shall be preserved while the proceedings to strike off or open the judgment are pending. (g) (1) A judgment shall not be stricken or opened because of a creditor's failure to provide a debtor with instructions imposed by an existing statute, if any, regarding procedures to follow to strike a judgment or regarding any rights available to an incorrectly identified debtor. (2) Subdivision (g)(1) shall apply to (1) judgment entered prior to the effective date of a subdivision (g) which have not been stricken or opened as of the effective date and (2) judgment entered on or after the effective date. 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) hzkellyja~mette.com Attorney for Plaintiff METRO BANK, f/k/a COMMERCE BANK/HARRISBURG, N.A. Plaintiff v. c-y c fz,3 "~ :z ,r; * ~~ z~° a c -~ r -vim ~~ ~ ~~ r-~ `+~' ~~ ~~ Z xo c~~ ~~ ~ ~; ~ -°: ~ -~::. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 10'1- (gg5'O l~ ~<<~rl~' 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: Kelly J. Goodling 395 Allison Avenue Mechanicsburg, PA 17055 Pursuant to 42 Pa.C.S.A. 2737.1, you aze 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 be sought by petition. Except as provided in subpazagraph (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 aze 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 insofaz as it seeks to open the judgment pending disposition of the application to strike offthe 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 aze 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. 603894v1 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~a~me_ tte.com Attorney for Plaintiff METRO BANK, f/k/a COMMERCE BANKJHARRISBURG, N.A. Plaintiff v. WILLIAM H. GOODLING and KELLY J. GOODLING, Defendants ~ C ~ ,_,.. Zm z ~ o •rc mar= -u ~,-i ~~,' ~ °o r~ '~ C ~° ~~ ~~ ~' ~ C'ri ~~ ~ ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. ~aZ - (c850 ~'vi l (e/'/~j ENTRY OF JUDGMENT Judgment in the amount of $247,506.29 together with interest attorneys' fees, and costs, as provided in the Note referenced in the Complaint in the above-captioned action, is hereby entered in favor of the Plaintiff, METRO BANK, f/k/a COMMERCE BANK HARRISBURG, N.A., and against the Defendants, WILLIAM H. GOODLING and KELLY J. GOODLING. Prothon Date: Ir l9 /~a --~~ 6oaoi~~i METTE, EVANS & WOODSIDE Heather Z. Kelly, Esquire Attorney I.D. No. 86291 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 (717) 236-1816 (fax) hzkelly(c~,mette.com Attorney for Plaintiff METRO BANK, 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. ~01- (g~50 ~iV r t T/~,~ 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 $247,506.29 as provided in the Note referenced in the Complaint plus all continuing interest, attorney's fees and costs. / ' Date Pro no of C rland Coun SEAL 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_((a»mea tte.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 is - c~85 C ~ ____ DOCKET NO. D tVil ~~YM WILLIAM H. GOODLING and KELLY J. GOODLING, Defendants 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 $247,506.29 as provided in the Note referenced in the Complaint plus all continuing interest, attorney's fees and costs. ~~~~ Date Proth tary o Cumberland County SEAL SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ~~~,~ttr at 'tu~brrl~~~ ~r . ~.:;, Q=~i~:e 'i'- THE cu~Rl~t` =' .I ~Sti ~tiV~-7t.1lltJ JF`i~.,. Jody S Smith Chief Deputy Richard W Stewart Solicitor 2~I2 ~QV 27 AM I I ~ 57 C~MBERLAN~ t~~U~dT ~EtdNSYLVANfA Metro Bank F/IVA'Commerce Bank/Harrisburg N.A. Case Number vs. 2012-6850 William H. Goodling (et al.) SHERIFF'S RETURN OF SERVICE 11/13/2012 04:17 PM -Deputy Ryan Burgett, being duly sworn according to law, served the requested Notice of Entry of Judgment; Entry of Judgment; Notice Under Pa.R.C.P. 2958.1 of Judgment and Execution Thereon and Notice Under 42 Pa. C.S.A. 2737.1 and Complaint in Confession of Judgment by handing a true copy to a person representing themselves to be Kelly Goodling, wife of defendant, who accepted as "Adult Person in Charge" for William H. Goodling at 395 Alison Avenue, Mechanicsburg Borough, Mechanicsburg, PA 17055. ~~ r RYAN BURGETT, DE 11/13/2012 04:17 PM -Deputy Ryan Burgett, being duly sworn according to law, served the requested Notice of Entry of Judgment; Entry of Judgment; Notice Under Pa.R.C.P. 2958.1 of Judgment and Execution Thereon and Notice Under 42 Pa. C.S.A. 2737.1 and 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. RYAN BURGETT, SHERIFF COST: $54.45 November 14, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF iC Ceunt~Suite Sheri K.. "teecsoft.. Irc. 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. !OE O P RTI1ONO 7-A 20/1 AUG -5 P11 2: 15 CUI18ERL PENNS D COUNTY LVANIA : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 2012-6850 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"): gs51 ULA c\c loot Lryl (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 LD. No. 09-14-0832-418) (4) 503 Dakemich Court, Enola, Cumberland County, Pennsylvania, 17025 (Tax Parcel I.D. No. 09-14-0832-407) (5) 504 Dakemich Court, Enola, Cumberland County, Pennsylvania, 17025 (Tax Parcel I.D. No. 09-14-0832-419) (6) 516 Dakemich Court, Enola, Cumberland County, Pennsylvania, 17025 (Tax Parcel I.D. No. 09-14-0832-425) (7) 518 Dakemich Court, Enola, Cumberland County, Pennsylvania, 17025 (Tax Parcel I.D. No. 09-14-0832-426) NOW, THEREFORE, Plaintiff, its successors, representatives, and assigns agree that it will not attach or levy upon, sell or dispose of, claim or demand the Property, in or as a result of Judgment and releases the lien of the Judgment only on the Property; provided, however, that nothing contained herein shall affect such Judgment or the lien thereof of its legal validity upon or against any other property of Defendants in Cumberland County. IT WITNESS WHEREOF, I have executed this document this 31St day of July, 2014. Respectfully submitted, METTE, EVANS & WOODSIDE By: ; e_Cc.`. L'1 Heather Z. Kelly, Esquire Sup. Ct. I.D. No. 86291 3401 North Front Street P. 0. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 - Phone (717) 236-1816 — Fax Attorney for Plaintiff 654343v1 METTE, EVANS & WOODSIDE Heather Z. Kelly, Esquire Attorney I.D. No. 86291 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 (717) 236-1816 (fax) hzkelly@mette.com Attorney for Plaintiff METRO BANK, f/k/a COMMERCE BANK/HARRISBURG, N.A. Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO. 2012-6850 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 squiire?�� 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 761952v1 METTE, EVANS & WOODSIDE men/ Heather Z. elly, Esgpire 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