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HomeMy WebLinkAbout05-0783 .[ 'I SMIGEL, ANDERSON & SACKS, L.L.P. River Chase Office Center 4431 North Front Street. 3" Floor Harrisburg. PA 17110-1778 (717) 234-2401 Peter M. Good, Esquire pgood@sasllp.com Susan M. Zeamer, Esquire szeamer(fi)sasllo.com Attorneys for Petitioner COMMERCE BANK/HARRISBURG N.A., Petitioner, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. DOCKET NO. 0[;-)[>3 C;{.),{'-T<titVj GETTY ACCOUNTING SERVICES, INC., Respondent. CIVIL ACTION - LAW PETITION FOR INVOLUNTARY TRANSFER OF TITLE AND OWNERSHIP OF VEHICLE AND NOW COMES Commerce Bank/Harrisburg N.A., by and through its attorneys, Smigel, Anderson & Sacks, L.L.P., and files the within Petition for Involuntary Transfer of Title and Ownership of Vehicle as follows: 1. Petitioner Commerce Bank/Harrisburg N.A. ("Commerce") is a Pennsylvania Miscellaneous Corporation with a principal place of business located at 100 Senate Avenue, Camp Hill, Cumberland County, Pennsylvania. 2. Respondent Getty Accounting Services, Inc. ("Getty") is a Pennsylvania business corporation with a principal place of business located at 13 Lilac Drive, Mechanicsburg, Cumberland County, Pennsylvania. 3. On or about June 10, 2003, Getty, through Keith M. Getty as President, Vice President, Secretary, and Treasurer of Getty, entered into a Business Loan Agreement for Loan Number 3053288 ("Agreement") in the amount of $25,140.00 with Commerce. See Agreement, a true and correct copy of which is attached hereto and made part of this document as Exhibit "A". 4. The Specific Loan Purpose of the Agreement was for the purchase of a 2002 Lexus ES 300 Sedan with a Vehicle Identification Number of JTHBF30G420016631 ("Lexus"). See Boarding Data Sheet, a true and correct copy of which is attached hereto and made part of this document as Exhibit "B". The Lexus served as collateral to the Agreement. See Exhibit B; see Commercial Security Agreement, a true and correct copy of which is attached hereto and made part of this document as Exhibit "C". 5. Under the terms of the Agreement, Getty was to make a total of sixty (60) payments, each in the amount of $490.08, beginning July 10, 2003 and continuing on a monthly basis thereafter. See Exhibit B. 6. Contrary to the terms of the Agreement, Getty failed to make its October 10, 2004 payment and has failed to make any payment thereafter. 7. Although Commerce gave notice to Getty of its breach of the Agreement and has made repeated demands for payment, Getty has failed and refused to make such payment. See Commerce Correspondence of November 23, 2004, a true and correct copy of which is attached hereto and made part of this document as Exhibit "D". 8. It is believed and therefore averred that there are no other lien holders for the Lexus. 9. As Commerce is owed at least $2,450.40 in delinquent payments toward the Agreement as well as at least $490.00 in late fees, and as the Lexus 2 '11 serves as the collateral for the Agreement, Commerce seeks to have the ownership of the Lexus involuntarily transferred into its name for purposes of resale to satisfy the outstanding loan balance of $19,616.40 plus the fees as set forth herein. WHEREFORE, Commerce Bank/Harrisburg NA prays that this Honorable Court grant its Petition and Order that title and ownership of the 2002 Lexus ES 300 Sedan, Vehicle Identification Number JTHBF30G420016631 be involuntarily transferred to Commerce Bank/Harrisburg N.A. SMIGEL, ANDERSON & SACKS, L.L.P. Date: )..1 "I of ""'- ~. Peter M. Goo, squire Atty. I.D. # 643 Susan M. Zeamer, Esquire Atty. I.D. # 82023 4431 North Front Street Harrisburg, PA 17110-1260 (717) 234-2401 Attorneys for Petitioner Commerce Bank/Harrisburg N.A. 3 rEB-08-2005 17:43 COMMERCE LOAN CT 717 972 2867 P.03 VERIFICATION I, Angela Masser, verify that the statements contained in the foregoing Petition for Involuntary Transfer of Title and Ownership of Vehicle are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa.C.S. 94904, relating to unsworn falsification to authorities. Date: 1-{8{O'S JSINESS LOAN AGREEME. Principal $25 140.00 l;oan Date 06-10-2003 Maturity 06-16-2008 References in the shaded area are for Lender's use only and do not limit the applicabmty of this document to any particular loan or item, Any item above containing "*h" has been omitted due to text length limitations. Borrower: Getty Accounting Services, Inc. (TIN: 23-2930197) 426 S. 3rd Street, suite #103 Lemoyne, P A l;ender: COMMERCE BANK/HARRISBURG N.A. 100 SENATE AVENUE P.O. BOX 8599 CAMP HILL, PA 17011 (717) 975-5630 THIS BUSINESS LOAN AGREEMENT dated June 10,2003, is made and executed between Getty Accounting Services, Inc. ("Borrower") and COMMERCE BANKlHARRISBURG N.A. ("Lender") on the foUowing terms and conditions. Borrower has received prior commercial loans from Lender or has applied to Lender for a commercial loan or loans or other financial accommodations, including those which may be described on any exhibit or schedule attached to this Agreement ("Loan"). Borrower understands and agrees that: (A) in granting, renewing, or extending any loan, lender is relying upon Borrower's representations, warranties, and agreements as set forth in this Agreement; (B) the granting, renewing, or extending of any loan by lender at all times shall be sUbject to lender's sole judgment and discretion; and (C) all such l..oans shall be and remain subject to the terms and conditions of this Agreement. TERM. This Agreement shall be effective as of June 10, 2003, and shall continue in full force and effect untll such time as all of Borrower's loans in lavor of Lender have been paid in full, including principal, interest, costs, expenses, attorneys' fees, and other fees and charges, or until such time as the parties may agree in writing to terminate this Agreement. CONDITIONS PRECEDENT TO EACH ADVANCE. Lender's obligation to make the initial Advance and each subsequent Advance under this Agreement shalf be subject to the fulfillment to Lender's satisfaction of all of the conditions set forth in this Agreement and in the Related Documents. Loan Documents. Borrower shall provide to Lender the following documents for the Loan: (1) the Note; (2) Security Agreements granting to Lender security interests in the Collateral; (3) financing statements and all other documents pertecting Lender's Security Interests; (4) evidence of insurance as required below; (5) guaranties; (6) together with all such Related Documents as Lender may require for the Loan; aU in form and substance satisfactory to Lender and Lender's counsel. Borrower's Authorization. Borrower shalf have provided in form and substance satisfactory to Lender properly certified resolutions, duly authorizing the' execution and delivery of this Agreement, the Note and the Related Documents. In addition, Borrower shall have provided such other resolutions, authorizations, documents and instruments as Lender or its counsel, may require. Payment of Fees and Expenses. Borrower shall have paid to Lender aU fees, charges, and other expenses which a.re then due and payable as specified in this Agreement or any Related Document. Representations and Warranties. The representations and warranties set 10rth in this Agreement, in the Related Documents, and in any document or certificate delivered to Lender under this Agreement are true and correct. No Event of Default. There shall not exist at the time 01 any Advance a condition which would constitute an Event of Default under this Agreement or under any Related Document. REPRESENTATIONS AND WARRANTIES. Borrower represents and warrants to Lender, as of the date of this Agreement, as of the date of each disbursement of loan proceeds, as of the date of any renewal, extension or modification of any Loan, and at all times any Indebtedness exists: Organization. Borrower is a corporation for profit which is, and at aff times shaff be, duly organized, validly existing, and in good standing under and by virtue of the laws of the Commonwealth of Pennsylvania. Borrower is duly authorized to transact business in all other states in which Borrower is doing business, having obtained all necessar; filings, governmental licenses and approvals for each state in which Borrower is doing business. Specifically, Borrower is, and at all times shaff be, duly qualified as a foreign corporation in all states in which the failure to so qualify would have a material adverse effect on its business or financial condition. Borrower has. the full power and authority to own its properties and to transact the business in which it is presently engaged or presently proposes to engage. Borrower maintains an office at 426 S. 3rd Street, suite #103, Lemoyne, PA. Unless Borrower has designated otherwise in writing, the principal office is the office at which Borrower keeps its books and records including its records concerning the Collateral. Borrower will notify Lender prior to any change in the location of Borrower's state of organization or any change in Borrower's name. Borrower shaff do aff things necessary to preserve and to keep in fuff force and effect its existence, rights and privileges, and shalt comply with all regulations, rules, ordinances, statutes, orders and decrees of any governmental or quasi-governmental authority or court applicable to Borrower and Borrower's business activities. Assumed Business Names. BorrCNVer has tiled or recorded all documents or filings required by law relating to all assumed business names used by Borrower. Excluding the name of Borrower, the following is a complete list of all assumed business names under which Borrower does business: None. Authorization. Borrower's execution, delivery, and performance of this Agreement and all the Related Documents have been duly authorized by all necessary action by Borrower and do not con11ict with, result in a violation at, or constitute a default under (1) any provision of Borrower's articles of incorporation or organization, or bylaws, or any agreement or other instrument binding upon Borrower or (2) any law, governmental regulation, court decree, or order applicable to Borrower or to Borrower's properties. Financial Information. Each of Borrower's financial statements supplied to Lender truly and completely disclosed Borrower's financial condition as of the date of the statement, and there has been no material adverse change in 80rrower's financial condition subsequent to the date of the most recent financial statement supplied to Lender. Borrower has no material contingent obligations except as disclosed in such financial statements. Legal Effect. This Agreement constitutes, and any instrument or agreement Borrower is required to give under this Agreement when delivered will constitute legal, valid, and binding obligations of Borrower enforceable a.gainst Borrower in accordance with their respective terms. Properties. Except as contemplated by this Agreement or as previously disclosed in Borrower's fina.ncial statements or in writing to Lender and as accepted by Lender, and except for property tax liens for taxes not presently due and payable, Borrower owns and has good tille to all of 80rrower's properties free and clear of all Security Interests, and has not executed any security documents or financing statements relating to such properties. All of Borrower's properties are titled in Borrower's legal name, and Borrower has not used or filed a iinancing statement under any other name for at least the last five (5) years. Hazardous Substances. Except as disclosed to and acknowledged by Lender in writing, Borrower represents and warrants that: (1) During the period of Borrower's ownership of Borrower's Collateral, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance by any person on, under, about or from any of the Collateral. (2) Borrower has no knowl8dge 01, BUSINESS LOAN AGREEMENl (Continued) Page 3 income, or profits. Per1ormance. Periorm and comply, in a timely manner, with all terms, conditions, and provisions set forth in this Agreement, in the Related Documents, and in all other instruments and agreements between Borrower and Lender. Borrower shall notify Lender immediately in writing of any default in connection with any agreement. Operations. Maintain executive and management personnel with substantially the same qualifications and experience as the present executive and management personnel; provide written notice to Lender of any change in executive and management personnel; conduct its business affairs in a reasonable and prudent manner. Environmental Studies. Promptly conduct and complete, at Borrower's expense, all such investigations, studies, samplings and testings as may be requested by Lender or any governmental authority relative to any substance, or any waste or by-product of any substance defined as toxic or a hazardous substance under applicable federal, state, or local law, rule, regulation, order or directive, at or aHeeting any properly or any facility owned, leased or used by Borrower. Compliance with Governmental Requirements. Comply with all laws, ordinances, and regulations, now or hereafter in effect, of all governmental authorities applicable to the conduct of Borrower's properties, businesses and operations, and to the use or occupancy of the Collateral, including without limitation, the Americans With D'lsabilities Act. Borrower may contest in good faith any such law, ordinance, or regulation and withhold compliance during any proceeding, including appropriate appeals, so long as Borrower has notified Lender in writing prior to doing so and so long as, in Lender's sole opinion, Lender's interests in the Collateral are not jeopardized, Lender may require Borrower to pOSI adequate security or a surety bond, reasonably satisfactory to Lender, to protect Lender's interest. InspectiOn. Permit employees or agents of Lender at any reasonable lime to inspect any and all Collateral for tne Loan or Loans and Borrower's other properties and to examine or audit Borrower's books, accounts, and records and to make copies and memoranda of Borrower's books, accounts, and records. If Borrower now or at any time hereafter malntains any records (including without limitation computer generated records and computer software programs for the generation of such records) in the possession of a third party, Borrower, upon request of Lender, shall notify such party to permit Lender free access to such records at all reasonable times and to provide Lender with copies of any records it may request, all at Borrower's expense. Environmental Compliance and Reports. Borrower shall comply in all respects with any and all Environmental Laws; not cause or permit to exist, as a result of an intentional or unintentional action or omission on Borrower's part or on the part of any third party, on property owned andlor occupied by Borrower, any environmental activity where damage may result to the environment, unless such environmental activity is pursuant to and in compliance with tne conditJons of a permit issued by the appropriate federal, state or local governmental authorities; shall furnish to Lender promptly and)n any event within thirty (30) days after receipt thereof a copy of any notice, summons, lien, citation, directive, letter or other communicati<iri. from any govemmental agency or instrumentality concerning any intentional or unintentional action or omission on Borrower's part in connection"With any environmental activity whether or not there is damage to the environment and/or other natural resources, Additional Assurances. Make, eXecute and deliver 10 Lender such promissory notes, mortgages, deeds of trust, security agreements, assignments"financing statements, instruments, documents and other agreements as Lender or its attorneys may reasonably request to evidence and secure the Loans and to perfect aU Security Interests. LENDER'S EXPENDITURES. If any action or proceeding is commenced that would materially affect Lender's interest in the Collateral or if Borrower fails to comply witil}3,ny pro\Jision of this Agreement or any Related Documents, includ'lng but not limited to Borrower's failure to discharge or pay when due any amounts,Borrower is required to discharge or pay under this Agreement or any Related Documents, Lender on Borrower's behalf may (but shall not be obligated to) take any action that Lender deems appropriate, including but not limited to discharging or paying all taxes, liens, security interests, encumbrances and other claims, at any time levied or placed on any Collateral and paying all costs for insuring, maintaining and preserving any Collateral. All such expenditures incurred or paid by Lender for such purposes will then bear interest at the rate charged under the Note from the date incurred or paid by Lender to the date of repayment by Borrower. All such expenses will become a part of the Indebtedness and, at Lender's option, will (A) be payable on demand; (B) be added to the balance of the Note and be apportioned among and be payable with any installment payments to become due during either (1) the term of any applicable insurance policy; or (2) the remaIning term of the Note; or (C) be treated as a balloon payment which will be due and payable at the Note's maturity, NEGATIVE COVENANTS. Borrower covenants and agrees with Lender that while this Agreement is in effect, Borrower shall not, without the prior written consent of Lender: Indebtedness and Liens. (1) Except for trade debt incurred in the normal course of business and indebtedness to Lender contemplated by this Agreement, create, incur or assume indebtedness for borrowed money, including capital leases, (2) sell, transfer, mortgage, assign, pledge, lease, grant a security interest in, or encumber any of Borrower's assets (except as anowed as Permitted Liens), or (3) sell with recourse any of Borrower's accounts, except to Lender, Continuity of Operations. (1) Engage in any business activities substantially different than those in which Borrower is presently engaged, (2) cease operations, liquidate, merge, transfer, acquire or consolidate with any other entity, change its name, dissolve or transfer or sell Collateral out of the ordinary course of business, or (3) pay any dividends on Borrower's stock (other than d'lvidends payable In its stock), provided, however that notwithstanding the foregoing, but only so long as no Event of Default has occurred and is continuing or would result from the payment of dividends, if Borrower is a "Subchapter S Corporation" (as defined in the Internal Revenue Gode of 1986, as amended), Borrower may pay cash dividends on its stock to its shareholders from time to time in amounts necessary to enable the shareholders to pay income taxes and make estimated income tax payments to satisfy their liabilities under federal and state law which arise solely from their status as Shareholders of a Subchapter S Corporation because of their ownership of shares of Borrower's stock, or purchase or retire any of Borrower's outstanding shares or alter or amend Borrower's capital structure, Loans, Acquisitions and Guaranties. (1) Loan, invest in or advance money or assets to any other person, enterprise or entity, (2) purchase. create or acquire any interest in any other enterprise or entity, or (3) incur any obligation as surety or guarantor other than in the ordinary course of business. Agreements. Borrower will not enter into any agreement containing any provisions which would be violated or breached by the performance 01 Borrower's obl'igations under this Agreement or in connection herewith. CESSATION OF ADVANCES. If Lender has made any commitment to make any Loan to Borrower, whether under this Agreement or under any other agreement, Lender shall have no obligation to make Loan Advances or to disburse Loan proceeds if: (A) Borrower or any Guarantor is in default under the terms of this Agreement or any of the Related Documents or any other agreement that Borrower or any Guarantor has with Lender; (8) Borrower or any Guarantor dies, becomes incompetent or becomes insolvent, files a petition in bankruptcy or similar proceedings, or is adjudged a bankrupt; (C) there occurs a material adverse change in Borrower's financial condition, in the financial condition of any Guarantor, or in the value 01 any Collateral securing any Loan; or (0) any Guarantor seeks, claims or othel'Nlse attempts to limn, modify or revoke such Guarantor's guaranty of the Loan or any other loan with Lender; or (E) Lender in good faith deems itself insecure, even though no Event of Default shal! have occurred, RIGHT OF SETOFF. Tn thp l"\){tPlIt lIP.rm\tt~rl hv ~mllli{',?J.hlF! 1?J.\N \ F!llrlAr TF!SPr\JA<; R rinh'r nf ";Plnlt in ;'Ill Rnrrnwpr'c: ;'Irrnl mtc: with I pnrlpr Iwhpthpr BUSINESS LOAN AGREEMEN-I (Continued) Page 5 interests in the Loan to one or more purchasers, whether related or unrelated to Lender. Lender may provide, without any limitation whatsoever, to anyone or more purchasers, or potential purchasers, any information or knowledge Lender may have about Borrower or about any other matter relating to the Loan, and Borrower hereby waives any rights to privacy Borrower may have with respect to such matters. Borrower additionally waives any and all notices of sale of participation interests, as well as all notices of any repurchase of such participation interests. Borrower also agrees that the purchasers of any such participation interests will be considered as the absolute owners of such interests in the Loan and will have all the rights granted under the participation agreement or agreements governing the sale of such participation interests. Borrower further waives all rights 01 offset or counterclaim that it may have now or later against Lender or against any purchaser of such a participation interest and unconditionally agrees that either Lender or such purchaser may enforce Borrower's obligation under the Loan irrespective of the failure or insolvency of any holder of any interest in the Loan. Borrower further agrees that the purchaser of any such participation interests may enforce its interests irrespective of any personal claims or defenses that Borrower may have against Lender. Governing law. This Agreement will be governed by, construed and enforced in accordance with federal law and the laws of the Commonwealth of Pennsylvania. This Agreement has been accepted by lender in the Commonwealth of Pennsylvania. No Waiver by lender. Lender shall not be deemed to have waived any rights under this Agreement unless such waiver is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver by lender of a provision of this Agreement shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that provision or any other provision of this Agreement. No prior waiver by Lender, nor any course of dealing between Lender and Borrower, or between lender and any Grantor, shall constitute a waiver of any of Lender's rights or of any of Borrower's or any Grantor's obligations as to any future transactions. Whenever the consent of Lender is required under this Agreement the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender. Notices. Unless otheiWise provided by applicable law, any notice required to be given under this Agreement shall be given in writing, and shall be effective when actually delivered, when actually received by telefacsimile (unless otherwise required by law), when deposited with a nationally recognized overnight courier, or. if mailed, when deposited in the United States mail, as first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Agreement Any party may change its address for notices under this Agreement by giving formal written notice to the other parties, speCifying that the purpose of the notice is to change the party's address. For notice purposes, Borrower agrees to keep Lender informed at all times of Borrower's current address. Unless otherwise provided by applicable law, if there is more than one Borrower, any notice given by Lender to any Borrower is deemed to be notice given to all Borrowers. Severability. If a court of competent jurisdiction finds any provision of this Agreement to be illegal, invalid, or unenforceable as to any circumstance,,,Jhat finding shall not make the offending provision illegal, invalid, or unenforceable as to any other circumstance. If feasible, the offending proyision shall be considered modified so that it becomes legal, valid and enforceable. If the offending provision cannot be so modified, it shall be considered deleted from this Agreement Unless otherwise required by law, the illegality, invalidity, or unenforceability of any provision of this Agreement shall not affect the legality, validity or enforceability of any other provision of this Agreement. Subsidiaries and Affiliates of Borrower. To the extent the context of any provisions of this Agreement makes it appropriate, including without limitation any. representation, warranty or covenant, the word "Borrower" as used in this Agreement shall include all of Borrower's subsidiaries and affiliates. Notwithstanding the foregoing however, under no circumstances shall this Agreement be construed to require Lender to make any Loan or other finanCial accommodation to any of Borrower's subsidiaries or affiliates. Successors ,and Assigns. All covenants and agreements by or on behalf of Borrower contained in this Agreement or any Related Documents shall bind BorJower's successors and assigns and shall inure to the benefit of Lender and its successors and assigns. Borrower shaH not, however, have the right to assign Borrower's rights under this Agreement or any interest therein, without the prior written consent of Lender. Survival of Representations and Warranties. Borrower understands and agrees that in making the Loan, Lender is relying on all representations, warranties, and covenants made by Borrower in this Agreement or in any certificate or other instrument delivered by Borrower to Lender under this Agreement or the Related Documents. Borrower further agrees that regardless of any investigation made by Lender, aU such representations, warranties and covenants will survive the making of the Loan and delivery to Lender of the Related Documents, shall be continuing in nature, and shall remain in full force and effect until such time as Borrower's Indebtedness shall be paid in full, or until this Agreement shall be terminated in the manner provided above, whichever is the last to occur. Time is of the Essence. Time is of the essence in the performance of this Agreement. DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Agreement. Unless specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful money of the United States of America. Words and terms used in the singular shall include the plural, and the plural shall include the singular, as the context may require. Words and terms not otherwise defined in this Agreement shall have the meanings attributed to such terms in the Uniform Commercial Code. Accounting words and terms not othe/Wise defined in this Agreement shall have the meanings assigned to them in accordance with generally accepted accounting principles as in effect on the date of this Agreement: Advance. The word "Advance" means a disbursement of Loan funds made, or to be made, to Borrower or on Borrower's behalf on a line of credit or multiple advance basis under the terms and conditions of this Agreement. Agreement. The word "Agreement" means this Business Loan Agreement, as this Business Loan Agreement may be amended or modified from time to time, together with all exhibits and schedules attached to this Business Loan Agreement from time to time. Borrower. The word "Borrower" means Getty Accounting Services, Inc. and includes all co-signers and co-makers signing the Note. CollateraL The word "Collateral" means aU property and assets granted as collateral security for a Loan, whether real or personal property, whether granted directly or indirectly, whether granted now or in the future, and whether granted in the form of a security interest, mortgage, collateral mortgage, deed of trust, assignment, pledge, crop pledge, chattel mortgage, collateral chattel mortgage, chattel trust, factor's lien, equipment trust, conditional sale, trust receipt, lien, charge, lien or title retention contract, lease or consignment intended as a security device, or any other security or lien interest whatsoever, whether created by law, contract, or otherwise. Environmental Laws. The words "Environmental Laws" mean any and all state, federal and local statutes, regulations and ordinances relating to the protection of human health or the environment, including without limitation the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, et seq. ("CERCLA"), the Superfund Amendments and Reauthorization Act of 1986, Pub. L. No. 99-499 ("SARA"), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq., or other applicable state or federal laws, rules, or regulations adopted pursuant thereto. Event of Default. The words "Event of Default" mean any of the events of default set forth in this Agreement in the default section of this Agreement. GAAP. The word "GAAP" means generally accepted accounting principles. BOARDING DATA SHEET Principal Loan Date Maturity $25,140.00 06-10-2003 06-10-2008 References in the shaded area are for Lender's use only and do not limit the applicability 01 this document to any particular loan or item. Any item above containing ..~.,,' has been omitted due to text length limitations. Borrower: Getty Accounting Services, Inc. (TIN: 23-2930197) 426 S. 3rd Street, suite #103 Lemoyne, PA Lender: COMMERCE BANK/HARRISBURG N.A. 100 SENATE AVENUE P.O. BOX 8599 CAMP Hill, PA 17011 (717) 975-5630 Getty Accounting Services, Inc. Street Address; 426 S. 3rd Street, suite #103 Mailing Address: Resolution: New Resolution 23-2930197 Lemoyne Corporation PA Borrower County: Cumbenand County: Officer of Getty Accounting Services, Inc.: Keith M. Getty Street Address: 136 N. 33rd Street 198-62-8710 Individual Officer lemoyne PA 17043 County: Cumberland 198-62-8710 Individual Guarantor Guaranty Amount Unlimited Lemoyne PA 17043 County: Cumberland 186-62-5022 Individual Guarantor Guaranty Amount: Unlimited Lemoyne PA 17043 County: Cumberland Keith M. Getty Street Address; 136 N. 33rd Street Cheryl S. Getty Street Address: 136 N. 33rd Street Transaction No.: 7602 Product Category: 2 Loan Policy: Commercial Cust #: Phone: NAICS: 541214 Title: PresN.Presrrrea/Sec Cust #: Phone: Cust#' Phone: Cust #: Phone: Product Description: COMMERCIAL Purpose: Loan is not for Personal, Family, Household Purposes or Personal Investment Purposes. Specific Loan Purpose: Financing the purchase of a 2002 lexus ES 300. Application No: Application Date: loan No: 3053288 loan Date: D6.1(}.2oo3 Officer: 145 Ceriani, Karen Processor No: JCR Romanak, Joe Collateral Code: Charge Code: Call Code: User Code 3: User Code 6: Automatic Payments: Branch: Dept Loan Documentation Division: Region: Loan Type: Installment (Direct -Installment) Loan Class: New loan Purpose Code: Class Code: User Code 1: User Code 4: User Code 7: Employee Loan: No Restricted Access: No Reg 0 loan: No Comments: Portfolio Code: Host System: User Gode 2: User Gode 5: User Code 8: T e Titled Owner(s): SubT e Motor Vehicle Descrf tion 2002 Lexus ES 300 Sedan (VIN JTHBF30G420016631) PA Getty Accounting Services, Inc. Street Address: 426 S. 3rd Street, suite #103 Mailing Address: Resolution: New Resolution 23-2930197 Lemoyne Corporation PA County: Cumberland County: Officer of Getty Accounting Services, Inc.: Keith M. Getty Street Address: 136 N. 33rd Street 198M62M8710 Individual lemoyne PA 17043 Officer County: Cumberland $31,423.00 y Gust #: Phone: NAICS 541214 Title: PresN.PreslTrealSec Cust #: Phone: COI'vll~ERCIAL SECURITY AGREb~ENT j'.I,.Bfln;B~.t~(. :;O&~1i:H?QOa 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 ,,~u" has been omitted due to text length limitatIons. .. Mllturlty .. ()&.10-2oo8 Grantor: Getty Accounting Services, Inc. (TIN: 23-2930197) 426 S. 3rd Street, suite #103 Lemoyne, P A Lender: COMMERCE BANKlHARRISBURG N.A. 100 SENATE AVENUE P.O. BOX 6699 CAMP Hill, PA 17011 (717) 975.5630 THIS COMMERCiAL SECURITY AGREEMENT dated June 10, 2003, is made and executed between Getty Accounting Services, Inc. ("Grantor") and COMMERCE BANK/HARRISBURG N.A. ("lender"). GRANT OF SECURITY INTEREST. For valuable consideration, Grantor grants to Lender a security interest in the Collateral to secure the Indebtedness and agrees that Lender shall have the rights stated in this Agreement with respect to the Collateral, in addition to al/ other rights which Lender may have by law. COLLATERAL DESCRIPTION. The word "Collateral" as used in this Agreement means the fOllowing described property in which Grantor is giving to lender a security interest for the payment of the Indebtedness and performance of all other obligations under the Note and this Agreement 2002 lexus ES 300 Sedan (VIN JTHBF30G420016631) In addition, the word "Collateral" also includes all the following: (A) All accessions, attachments, accessories, replacements of and additions to any of the collateral described herein, whether added now or later. (B) All products and produce of any of the property described in this Collateral section. {C} All accounts, general intangibles, instruments, rents, monies, payments, and all other rights, arising out of a sale, lease, or other disposition of any of the property described in this Collateral section. (D) All proceeds (including insurance proceeds) from the sale, destruction, loss, or other disposition of any of the property described in this Collateral section, and sums due from a third party who has damaged or destroyed the Collateral or from that party's insurer, whether due to judgment, settlement or other process. (E) All records and data relating to any of the property described in this Collateral section, whether in the form of a writing, photograph, microfilm, microfiche, or electronic media, together with aU of Grantor's right, title, and interest in and to aU computer software required to utilize, create, maintain, and process any such records or data on electronic media. Despite any other provision of this Agreement, Lender is not granted, and will not have, a nonpurchase money security interest in household goods, to the extent such a security interest would be prohibited by applicable law. In addition, if because of the type of any Property, lender is required to give a notice of the right to cancel under Truth in Lending for the Indebtedness, then Lender wilt not have a security interest in such Collateral unless and until such a notice is given. RIGHT OF SETOFF. To the extent permitted by applicable law, Lender reserves a right of setoff in an Grantor's accounts with Lender (whether checking, savings, or some other account). This includes aU accounts Grantor holds jointly with someone else and all accounts Grantor 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. Grantor authorizes Lender, to the extent permitted by applicable law, to charge or setoH al\ sums owing on the Indebtedness against any and aU such accounts. GRANTOR'S REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE COllATERAL. With respect to the Collateral, Grantor represents and promises to Lender that: Perfection of Security Interest. Grantor agrees to execute financing statements and to take whatever other actions are requested by Lender to perfect and continue Lender's security interest in the Collateral. Upon request of Lender, Grantor will deliver to Lender any and all of the documents evidencing or constituting the Collateral, and Grantor will note Lender's interest upon any and all chattel paper if not delivered to Lender for possession by Lender. Notices to Lender. Grantor will promptly notify Lender in writing at lender's address shown above (or such other addresses as lender may designate from time to time) prior to any (1) change in Grantor's name; (2) change in Grantor's assumed business name(s); (3) change in the management of the Corporation Grantor; (4) change in the authorized signer(s); (5) change in Grantor's principal office address; (6) change in Grantor's state of organization; (7) conversion of Grantor to a new or different type of business entity; or (8) change in any other aspect of Grantor that directly or indirectly relates to any agreements between Grantor and lender. No change in Grantor's name or state of organization will take eHect until after Lender has received notice No Violation. The execution and delivety of this Agreement will not violate any law or agreement governing Grantor or to which Grantor is a party, and its certificate or articles of incorporation and bylaws do not prohibit any term or condition of this Agreement. Enforceability of Collateral. To the extent the Collateral consists of accounts, chattel paper, or general intangibles, as defined by the Uniform Commercial Code, the Collateral is enforceable in accordance with its terms, is genuine, and fully complies with all applicable laws and regulations concerning form, content and manner of preparation and execution, and all persons appearing to be obligated on the Collateral have authority and capacity to contract and are in fact obHgated as they appear to be on the COllateral. there shaU be no setoffs or counterclaims against any or the Collateral, and no agreement shall have been made under which any deductions or discounts may be claimed concerning the Ca\1ateral except those disclosed to Lender in Wilting. location of the Collateral. Except for vehicles, and except otherwise in the ordinary course of Grantor's business, Grantor agrees to keep the Collateral at Grantor's address shown above or at such other locations as are acceptable to Lender. If the CoHateralis a vehicle, Grantor will keep the Collateral at those addresses except for routine travel. Upon Lender's request, Grantor will deliver to Lender in form satisfactory to lender a schedule of real properties and Collateral locations relating to Grantor's operations, including without limitation the following: (1) all real property Grantor owns or is purchasing; (2) ail real property Grantor is renting or teasing; (3) all storage facilities Grantor owns, rents, leases, or uses; and (4) alt other properties where Collateral is or may be located. Removal of the Collateral. Except in the ordinary course of Grantor's business, Grantor shaH not remove the Collateral from its existing location without Lender's prior written consent. To the extent that the Collateral consists of vehicles, or other titled property, Grantor shaJJ not take or permit any action which would requrre application for certificates of title for the vehicles outside the Commonwealth ot Pennsylvania, without Lender's ",r;""r ",.;1+...,., ,",,,...,,,,,,,,,.,. ~~"'n.,",~ o:-h",11 ",h",nco""'~ ~o,..,"oc.c.,,"-l "'rh,;<,,,, I n,..,rl,.,~,..,f ih" "".,..... I....,~'>.;....,..,....I .....,.... r-,..,II................ CuMMERCIAL SECURITY AGREEfvlc.NT (Continued) Page 3 prohibited by law or unless Lender is required by law to pay such fees and costs. Grantor irrevocably appoints Lender to execute flnancing statements and documents of title in Grantor's name and to execute aU documents necessary to transfer title if there is a default. Lender may file a copy of this Agreement as a financing statement. If Grantor changes Grantor's name or address, or the name or address of any person granting a security interest under this Agreement changes, Grantor will promptly notify the lender of such change. GRANTOR'S RIGHT TO POSSESSION. Until default, Grantor may have possession of the tang[bte personal property and beneficial use of all the CoUateral and may use it in any lawful manner not inconsistent with this Agreement or the Related Documents, provided that Grantor's right to possession and beneficial use shall not apply to any Collateral where possession at the CaUateral by Lender is required by law to perfect Lender's security interest in such CollateraL If Lender at any time has possession ot any Collateral, whether before or after an Event of Default, lender shall be deemed to have exercised reasonable care in the custody and preservation of the Collateral if Lender takes such action for that purpose as Grantor shall request or as Lender, in Lender's sole discretion, shall deem appropriate under the circumstances, but failure to honor any request by Grantor shall not of itself be deemed to be a faJJure to exercise reasonable care. Lender shall not be required to take any steps necessary to preserve any rights in the Collateral against prior parties, nor to protect, preserve or maintain any security interest given to secure the lndebtedness_ LENDER'S EXPENDITURES. If any action or proceeding is commenced that would materially affect Lender's interest in the Collateral or if Grantor fails to comply with any provision of this Agreement or any Related Documents, including but not fimited to Grantor's failure to discharge or pay when due any amounts Grantor is required to discharge or pay under this Agreement or any Related Documents, Lender on Grantor's behalf may (but shatll10t be obligated to) take any action that Lender deems appropriate, induding but not limited to discharging or paying all taxes, liens, security interests, encumbrances and other claims, at any t[me levied or placed on the Collateral and paying all costs lor insuring, maintaining and preserving the Collateral. All such expenditures incurred or paid by Lender for such purposes will then bear interest at the rate charged under the Note from the date incurred or paid by Lender to the date of repayment by Grantor. All such expenses will become a part of the Indebtedness and, at Lender's option, will (A) be payable on demand; (B) be added to the balance of the Note and be apportioned among and be payable with any installment payments to become due during either (1) the term of any applicable insurance polley; or (2) the remaining term of the Note; or (e) be treated as a balloon payment Which will be due and payable at the Note's maturity. The Agreement also will secure payment of these amounts. Such right shaH be in addition to all other rights and remedies to which Lender may be entltled upon Default. DEFAULT. Each of the following shall constitute an Event of Default under this Agreement: Payment Default. Grantor fails to make any payment when due under the Indebtedness. Other Defaults. Grantor 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 G~antor. d Default in Fa)lor of Third Parties. Should Borrower or any Grantor default 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 attect any of Grantor's property or Granlor's or any Grantor~s ability to repay the Indebtedness or perform their respective obligations under this Agreement or any of the Related Documents. False Statements. Any warranty, representation or statement made or furnished to Lender by Grantor or on Grantor'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. Defective C6Jlateralization. This Agreement or any of the Related Documents ceases to be in full lorce and effect (inctuding failure of any coUatera~ document to create a valid and perfected security interest or lien) at any time and for any reason. Insolvency. .,The dissolution or termination of Grantor's existence as a going business, the insolvency of Grantor, the appointment of a receiver for any part of Grantor's property, any assignment for the benefit of creditors, any type 01 creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Grantor. 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 Grantor Dr by any governmental agency against any collateral securing the Indebtedness. This includes a garnishment of any of Grantor's accounts, including deposit accounts, with Lender. However, this Evenl ot Default shall not apply if there is a good faith dispute by Grantor as to the validity or reasonableness of the claim which is the basis ot the creditor or forfeiture proceeding and if Grantor gives Lender written notice of the crectilor or forteiture 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 Dr bond lor the dispute. Events Affecting Guarantor. Any of the preceding events occurs with respect to Guarantor of any of the Indebtedness or Guarantor dies or becomes incompetent or revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness. Adverse Change. A material adverse change occurs in Grantor'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 Grantor 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 (and no event of default will have occurred) if Grantor, 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. RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default occurs under this Agreement, at any time thereafter, Lender shall have all the rights of a secured party under the Pennsylvania Uniform Commercia! Code. In addition and without limitation, Lender may exercise anyone or more of the fOllOWing rights and remec:lies: Accelerate Indebtedness. Lender may declare the entire Indebtedness, including any prepayment penalty which Grantor would be required to pay, immediately due and payable, without notice of any kind 10 Grantor. Assemble Collateral. Lender may require Grantor to deliver to Lender all or any portion of the Collateral and any and all certificates of tiUe and other documents relating to the Collateral. Lender may require Grantor to assemble the Collateral and make it available to Lender at a place to be designated by Lender. lender also shall have full power to enter upon the property of Granter to take possession at and remove the Collateral. If Ine ~ollateral contains other goods not covered by this Agreement at the time of repossession, Grantor agrees Lender may take such other goods, prOVided that Lender makes reasonable efforts to return them to Grantor after repossession. Sell the Collateral. lender shall have full power to sell, lease, transfer, or otherwise deal with the Co))ateraJ or proceeds thereof in Lender's own name or. that of Grantor. Le~der may sell the C.oUateral at public auc~ion. or private sale. Unless the Collateral threatens to decline speedily in value or \s of a type customanly sold on a recognlzed market, Lender will give Grantor, and other persons as required by law, reasonable notice of In"" timp ~mrl n\;:1('.p nf ::Jnv nllhtir. SellA nr thA timp. i'lft;::,r whir:h Clnv mivCJ.tA s<'Ilp. nr ;lnV (JthAr rli,c;nnc;itinn nf \hn f":r,n",t...r",1 i", In he. ',"",:>rie. W"",,,,,,Cl' n" CullJ1MERCIAL SECURITY AGREEIIi,_,'-lT (Continued) Page 5 it shall be considered deleted from this Agreement. Unless otherwise required by law, the illegality, invalidity, or un enforceability of any provision 01 this Agreement shall not atlect the legality, validity or 81'110rCeabi\\ty 01 any other prov'lsion of Ih'ls Agreement. Successor Interests. The terms of this Agreement shall be binding upon Grantor, and upon Grantor's heirs, personal representatives, successors, and assigns, and snaIl be enforceable by Lender and its successors and assigns. Survival of Representations and Warranties. All representations, warranties, and agreements made by Grantor in this Agreement shan sUNive Ihe execution and delivery of this Agreement, shall be continuing in nature, and shall remain in full force and effect until such time as Grantor's Indebtedness shall be paid in fulL Time is of the Essence. Time is of the essence in the performance of this Agreement. DEFINITIONS. The following capitalized words and terms shall have the foHowing meanings when used \n this Agreement Unless specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful money 01 the Unlted States of America. Words and. terms used in the singular shall include the plural, and the plural shall. include the singular, as the context may require. Words and terms not otherN\~,e delined in this Agreement shall have the meanings attributed to such terms in the Uniform Commercial Code: Agreement. The word "Agreement" means this Commercial Security Agreement, as this Commerc.\al Security Agreement may be amended or modified from time to time, together with all exhibits and schedules attached to this Commercial Security Agreement from time to time Borrower. The word "Borrower" means Getty Accounting Services, Inc. and includes all co-s'lgners and co-makers signing the Note. Collateral. The word "Collateral" means all of Grantor's right, title and interest in and to all the Collateral as described in the Collateral Description section of this Agreement. Default. The word "Default" means the Default set forth in this Agreement in the section titled "Default". Environmental Laws. The words "Environmental Laws" mean any and all state, federal and local statutes, regulations and ordinances relating to the protection of human health or the environment, including without limitation the Comprehensive Envimnmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, et seq. ("CERCLA"), the Superfund Amendments and Reauthorization Act of 1986, Pub. L. No. 99.499 ("SARA"), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq., or other applicable state or federal laws, rules, or regulations adopted pursuant thereto. Event of Default. The words "Event of Default" mean any of the events of default set forth in this Agreement in the detault section of this Agreement. Grantor. Th~.word "Grantor" means Getty Accounting Services, loc.. Guarantor. 1!1e word "Guarantor" means any guarantor, surety, or accommodation party of any or all of the Indebtedness, Guaranty. The word "Guaranty" means the guaranty from Guarantor to Lender, including without limitation a guaranty of all or part of the Note. Hazardous Substances. The words "Hazardous Substances" mean materials. that, because 01 their quantity, COf)cen~rat\Of) or physical, chemical or infectious characteristics, may cause or pose a present or potential hazard to human health or the environment when improperly used, treated, stored, disposed of, generated, manufactured, transported or otherwIse handled. The words "Hazardous Substances" are used In their very broadest sense and include without limitation any and all hazardous or toxic substances, materials or waste as defined by or listed under the Environmental laws. The term "Hazardous Substances" also includes, without limitation, petroleum and petroleum by-products or any fraction thereof and asbestos. Indebtedness. The word "Indebtedness" means the indebtedness evidenced by the Note or Related Documents, including all principal and interest together with all other indeb~edness and costs and expenses for which Grantor is responsible under this Agreement or under any of the Related Documents. The liens and securIty interests created pursuant to this Agreement covering the Indebtedness which may be created in the future shall relate back to the date 01 this Agreement. Lender. The word "lender" means COMMERCE BANK/HARRISBURG N.A., its successors and assigns. Note. The word "Note" means the Note executed by Getty Accounting Services, Inc, in the principal amount of $25,140.00 dated June 10, 2003, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for the note or credit agreement. Property. The word "Property" means all of Grantor's right, title and interest in and to aU the Property as described in the "Collateral Description" section of thIs Agreement. Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all olner Instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness. GRANTOR HAS READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS COMMERCIAL SECURITY AGREEMENT AND AGREES TO ITS TERMS. THIS AGREEMENT IS DATED JUNE 10. 2003. GRANTOR: GETTY ACCOUNTING SERVICES, INC. .4M /1<A By: Keith M. Getty, Pr N.?resrrreaiSec Accounting Services, lnc. of Getty v..sBl?l'\O LooM",. ,,~, ; <2.00 oo~ Cop'. '1.".,,,, F,n.n<,., SolU11"",,_ II><. '997. 2lXJ3 ..,1 R;y"'-' Re.~,""" . PA H,'W,W,PPSlLPw'NlCFI'U'lIE..:!.FC TR.7""Z PR-'. Commerce "Bank November 23, 2004 KEITH GETTY 136 NORTH 33RO STREET CAMP HILL, PA 17011 RE: Loan Account: # 3053288 This notice will serve as formal notification that you are in default on the above loan because the account is 43 days past due. Commerce BanklHarrisburg, N.A. is hereby demanding payment of the past due loan balance no later than the close of business on 12/03/2004. The amount due at this time is as follows: 10/10/2004 11110/2004 Late fees through 11/23/2004 $ 490.08 $ 490.08 $ 196.00 Total Due $1,176.16 If the past due balance is not paid by the close of business on 12/03/2004 as demanded herein, be advised that the Bank will pursue all legal remedies against you as explained in your Promissory Note. If you have any questions on this matter, please contact me at 1-888-937-0004. Sincerely, COMMERCE BANKIHARRISBURG, N.A. ~(/U/uL Cta~t1 Tasha Claggett Asset Quality Commerce Bank / Harrisburg, N.A. P.O Box 8599 '00 Senate Avenue Camp Hil!. Pennsylvania 17001 ~8599 Commerce _Bank November 23, 2004 CHERYL S. GETTY 136 NORTH 33RD STREET CAMP HILL, PA 1701] RE: Loan Account: # 3053288 This notice will serve as formal notification that you are in default on the above loan because the account is 43 days past due. Commerce Bank/Harrisburg, N.A. is hereby demanding payment of the past due loan balance no later than the close of business on 12/03/2004. The amount due at this time is as follows: 10110/2004 ] 1/10/2004 Late fees through 1] 12312004 $ 490.08 $ 490.08 $ 196.00 Total Due $1,176.16 If the past due balance is not paid by the close of business on 12/03/2004 as demanded herein, be advised that the Bank will pursue all legal remedies against you as explained in your Promissory Note. If you have any questions on this matter, please contact me at 1-888-937-0004. Sincerely, COMMERCE BANKIHARRISBURG, N.A. ;iaah-- Cta%ftl Tasha Claggett Asset Quality Commerce Bank I Harrisburg, N,A. P.O Box 8599 100 Senate Avenue Camp Hill, Pennsylvania 17001-8599 COMMERCE BANK/HARRISBURG N.A., Petitioner, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. DOCKET NO. GETTY ACCOUNTING SERVICES, INC., Respondent. CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Susan M. leamer, hereby certify that a copy of the foregoing Petition for Involuntary Transfer of Vehicle Title and Ownership was served upon the following as the party with an interest in the vehicle, by depositing a true and correct copy in an envelope, postage prepaid and mailed by first-class and certified mail, return receipt requested, addressed as follows: Getty Accounting Services, Inc. 13 Lilac Drive Mechanicsburg, PA 17050-3189 and clo Keith Getty 19 North 24th Street Camp Hill, PA 17011 Pro Se Respondent SMIGEL, ANDERSON & SACKS, L.L.P. 2[91 o~ / B' """'-~. eter M. Go .D. Number: 6 16 Susan M. leamer, Esquire I.D. Number: 82023 River Chase Office Center 4431 North Front Street Harrisburg, PA 17110-1778 (717) 234-2401 Attorneys for Petitioner Commerce Bank/Harrisburg NA COMMERCE BANK/HARRISBURG N.A., Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-783 CIVIL TERM GETTY ACCOUNTING SERVICES, INC., Respondent CIVIL ACTION - LAW ORDER OF COURT AND NOW, this 18th day of February, 2005, a Rule is issued upon Respondent to show cause why the relief requested in the "Petition for Involuntary Transfer of Title Ownership" should not be granted. Rule returnable March 11, 2005, at 1:00 p.m. in Courtroom No. 5 of the Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, Peter M. Good, Esquire ~~an M. Zeamer, Esquire ~~gel, Anderson & Sacks, L.L.P. 4431 North Front Street Harrisburg, PA 17110-1778 Attorneys for the Petitioner ~ty Accounting Services, Inc. 13 Lilac Drive Mechanicsburg, PA 17050-3189 ) .07 ....\~ 'ca- o and Aith Getty 19 North 24th Street Camp Hill, PA 17011 Respondent, Pro se - '.-' !'.! C i 1 ;~ ~i :: srs 1 ~"' . ,',", " - E.:.- COMMERCE BANK/HARRISBURG N.A., Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-783 CIVIL TERM GETTY ACCOUNTING SERVICES, INC., Respondent CIVIL ACTION - LAW ORDER OF COURT AND NOW, this 18th day of February, 2005, a Rule is issued upon Respondent to show cause why the relief requested in the "Petition for Involuntary Transfer of Title Ownership" should not be granted. Rule returnable March 11, 2005, at 1:00 p.m. in Courtroom No. 5 of the Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, Peter M. Good, Esquire ~JSan M. Zeamer, Esquire ~~gel, Anderson & Sacks, L.L.P. 4431 North Front Street Harrisburg, PA 17110-1778 Attorneys for the Petitioner ~ty Accounting Services, Inc. 13 Lilac Drive Mechanicsburg, PA 17050-3189 ) .07 __\Cb .l'} (j and Ai th Getty 19 North 24th Street Camp Hill, PA 17011 Respondent, Pro se srs "" .,'" .'! .'.> ,. ,- ,.'.-' COMMERCE BANK/HARRISBURG N.A. , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Petitioner V. GETTY ACCOUNTING SERVICES, INC., Respondent CIVIL ACTION - LAW NO. 05-783 CIVIL TERM ORDER OF COURT AND NOW, this 11th day of March, 2005, a hearing on the Plaintiff's Petition for Involuntary Transfer of Title and Ownership of Vehicle is set before this Court on Monday, April 18, 2005, at 1:00 p.m. Plaintiff is directed to effectuate appropriate service of the petition and this order upon Defendant at least ten days prior to said hearing. Edward E. Guido, J. Richard C. Gaffney, Jr., Esquire Smigel, Anderson & Sacks, L.L.P. River Chase Office Center 4431 North Front Street Harrisburg, PA 17110-1709 L r(fJIt! (..1 . 03.!'U)S :lfh 'j,.'. ...... \ ,;j COMMERCE BANK/HARRISBURG N.A., Petitioner, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. DOCKET NO. oS; -183 GETTY ACCOUNTING SERVICES, INC., Respondent. CIVIL ACTION - LAW ORDER ~ AND NOW, this It day of ~ , 2005, on consideration of Commerce Bank, Harrisburg, N.A.'s Motion for Special Relief Authorizing Service by Publication, and on finding that Commerce has made a good faith effort to locate the defendant, it ;s hereby ORDERED that Commerce's Motion is GRANTED. Commerce is authorized to effectuate service by ~~ publication 'Nitl.il'l_ da1~ d t1,;:; Ola!>!. ~ J JrA.M J;O (J S- c.:J- c:k,G 1 ~ I'V-~I--Iv 0.. ~ ~..~...' 0 -- "'7 I ./ f:' 30 <b..~ . Edward E. Guido, Judge ,-0 (.::':'.::;1 ~;c:-,) '.1', ;,:..,(, \~~ 2::-. -... '~ ," \~ .\..~< , ' '~,,\ C'~ ...,.., \..> ......." (-..... \.. ."^ ~. 0' .-$ - "t' ~ 'S ).c \j '1 f I I~ COMMERCE BANK/HARRISBURG NA, Petitioner, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA " " 7'rl' , -.........J v. DOCKET NO. oS - 7[3 CI~,L T&.~ GETTY ACCOUNTING SERVICES, INC., Respondent. CIVIL ACTION - LAW ORDER AND NOW, this /JI"daYOf ~ , 2005, after reasonable notice and an opportunity for hearing having been provided to all interested parties, the Court hereby awards ownership of one 2002 Lexus ES 300 Sedan bearing vehicle identification number JTHBF30G420016631 to Petitioner Commerce Bank/Harrisburg N.A., and the right, title and interest of any other person to said vehicle is hereby extinguished. The Commonwealth of Pennsylvania, Department of Transportation may accept this order as evidence of ownership in lieu of a Certificate of Title. The Petitioner shall submit the appropriate forms, taxes and fees and comply with any other procedures of the Commonwealth of Pennsylvania, Department of Transportation in order to receive the appropriate Certificate of Title for said vehicle. Judge G \) -J -.L. ----u t t ~ r-- ~-< I,J -D - - ~ t ~\ -t- .-J :p j- ~ C0 (lS f ----...( l,,) r-~,~~ .", \ ~j; c.:: :1\" (..J~' <:..? SMIGEL, ANDERSON & SACKS, LLP River Chase Office Center 4431 North Front Street, 3m Floor Harrisburg, P A 17110 Peter M. Good, Esquire mwod((usaslln.({lly! Richard C. Gaffney, Esquire n!:affncv(t/)sasllo.com Susan M. Zeamer, Esquire g~!J,!D,~I~1:l~JhLl;.Qr.D COMMERCE BANK! HARRISBURG N.A., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, v. DOCKET NO. 05-783 GETTY ACCOUNTING SERVICES, INC. CIVIL ACTION - LAW Defendant. AFFIDAVIT OF SERVICE Richard C. Gaffney, being duly sworn according to law, deposes and says that he is the attorney for Plaintiff in the above-captioned action; that he served on the Defendant a true and correct copy of the Notice of Hearing on Plaintiffs Petition for Involuntary Transfer of Title and Ownership of Vehicle by Publication in the Carlisle Sentinel on May 3,2005, as evidenced by the Proof of Publication attached hereto and that the facts set forth in the within Affidavit are true and correct to the best of his information and belief. By:1L ~_ . Richard C. Gaffney Attorney for Plaintiff Sworn to and subscrib((d before me this L')dJ day of fib;;- 2005. "'. ...')(.... 1 i " , i It t.,(~ '. -' A' j idJ,JL._- ~ "" _ ,','/,' ~_~_~ ~~_::.:_.,.~.:~:~.:~-, '~:-! eJS" L;/t\h',i- \ . .-.. ---.- Nota'l3\ Se3l J ::;Jr.-1 J. A'1d~eI, Notary Public City ()i l-l~rrisbiJrg, [.)3Up~'lin County i'; .'. .~:~::.:'~~,:~: !~~~~~:,;'~,~;~~'}~~~~ <"i,~'~ . . PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Tanuny Shoemaker, Classified Advertising Manager, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13"', 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): May 03, 2005. COPY OF NOTICE OF PUBLICATION NOTICE OF ACTION FOR INVOLUNrA!lY Tfl"NSFEfl OFmLE AND OWNERSHIP TO VEHICLE In Ihe Court 01 Com"mon 'Pleas of Cumberland-County, Pennsylvania CIVIl Action ~ Law . ., """"""." ~'I~J:ll)"Q,""'83CIY!lt0(P1;,..,:". .; .:r, '..""""""''''!: )'./I"I,.l!~~ ..1LUl .~",...,,"o .'>OC ,.. CO~",~lro~ c"NKlHI<R"'S.UR..I,,..A.,' ", '" e f,eR.4.;l~ ~... ( . ~1 .: PlaIntiff 't' '.. '. " : ~._Il." e'~w1 . .,...... ;'-:.';_~..,'1'l~"'-'~","; .'.'" '(0.. .GETTY ACCOUNTIN(l SERVICES, INC.. . ',' Defendant" ,.......,--. .. > I ,. .;.~ i _ -'~ 'c'- ~, . ,". . -;" . .' .' ,. '. . -.-' ," . ro GETl"VACCbuNTINl,j S'ERVICES. INC.,:and KEITH M. OETTY.1ts president: (pu are herebY". otlf~d,thatp'n F6B,RU,ARY ~..2.oD5',F'lajnllffl COMMERCE - I BANKlHAf=l,AISBUJ!I~N.A. filed a Petition for Invollh'1ttuy Tra.nefer of Title and OWn8rShl,~'pf ,V8~kiIGi; enlj0l'8edWIth8"NQUca,to Defend. against yell jrlthe:Coul1 of .: Commi>n PleBs,of CUMBERLAND County, Penm~ylv~la~ dock~ted to No. 05-783 i Civil Term, whe'relnPl4lntlff I, sosklnd an "Order of Court 10 InvolOntarlly trJUisfer to i Plaintiff all Utle and ownership 10 the ~2 U;XUS ES 30.0 SEDAN bearing vehicle ~ ldenlfflcatfon numl)er JTHBF300420C166a1 end 8xt1ngu,lsh.1 rlgbt, title and - 'ownershIp of any otherpersoO 10 the;sald vehicle. , ,", ,., " iOU-ARE HER~B'i NOnFIEO TO PLEAD lolhe aliov."r~r~r~n~~':p~;fu~'n'tir a ; JudgslTlfhtwU.I.Qe e,nterestagaJOII YO,u,Jolowlng., he~rln.g,on'th~_'~.~.IU~: . J_ , ...' _, _ , ',' _ ".', '. ,__.." .......~_ tOll ARE HEREBY 1'I0Tl~I~D that on APRIL ,8, 2006; thi cMrtliiUOa an ORDER. !.Qra"u~ Plaln~. Motlon'for'S~ial Relief AlJlhorlz!l\g Service ByPublicatl6n end ',,:~~~Yf;~~f6~~~~r~... Hel'lEBY i<ortilfED.}hafj,"dgomi~. i wll bti. ".ntor$d ado In.. y~u fOI."'.. w. 109 ng,~p tho.petf" orr"fh8t:~~t~ and_;~t that tlO1~ and:pla~..:,. ::- ,', , ,~. . ,'~~ ,:,J~~~:~"~.!L:~.~~,,,~ 'lfJP_T~t7~<:_;;~:, ( '-:::._,' '_ " Yonlfi1\.lftiHf.u~III..' . ,If,~ou~~'jqd'fon<l ~galn"l;'o cl.'m.; You ml.int.ri"wfiiii'ep.Pf~rl1 ,pji'&9JWJIY6f.P9Iltto",oy Mt;I'flle In wrltlRg with the CQlJO!YOJJ~ ~8tfmJe"or ObJ46.t n.'~othe claim. 8~t forth a~alna' you. You are . . ~ wamoCt that"lfyou"fall to-do so e case may proceed without you'and,a Judgement ' , "'OY~ o.to,od .g.ln.l~oubit Iho.Cou. wIIhoul.furthor nollce fOr..nY mOIlfY clarinhtnn'tt\6 C6m'plAlilfonbf a~' otti~'r ClAim or rel.f requA8ted.by th8 Plafntlff. : YoumayJ.lQO,n.~Y9rpr9P8t'Y,~r_Qtherrigt:'''I~.P~~~I,to.YOU. . _ :: : ~,''':'__ -~jl. ",', ': ,',,9; ;;":",''-",_:,:,.' :''''',_,', _ ,", ""', ":,.-:'-,',.,; tOU SHOULD tj(K~ 'rHIS.PAP~R to YOUR LAWYER ATONeE.IF YOU 00 NOT : HAVE A LAWyaAO!l C"'~lIOT^FJ;:9RD ONE, (loro OR TELEPHONE THE OFF.CE SET FORTH ~&tO\\lto 1'.10.0 out WHERE YOU CAN GErLEGAL , HEL.P. ,." "Cumberl8nd pounty laW}'1lr ReleRal'Servlce Cumbertand County Bar Association 32 South Bedford Street CelllsJe._PA 17013 (800) 890.9'08 PETER-G. GOOD, ESQUIRE SU$AN..IoI,~EAME!l, ESQUIRE. . RICHARD c. QAFFN~Y, ESQUIRE ~MIGeL, ANI?ERSQN & SACkS. LLP Affiant further deposes that he/ she is not interested in the subject matter of the aforesaid notice or advertisement, and that .J all allegations in the foregoing statement ,! as to time, place and character of 3~~~ Sworn to and subscribed before me this . 04th day of May, 2005. C--A.uilV:'fA) R Ub~0 Notary lie My commission expires: q (, (Of COMMONWEALTH OF PENNSYLVANIA _rial Seal Chris'"" L. WcMe. Notary Public Carlisle 80m. Cumbar1and Coonty My ComrrissJon El<pIres SepL 1, 2008 Member, PennsylvanIa Association Of Notaries I:;~.\ .-^ -, ;,'\ ,,- v,:.' ~., -~ '-;: -- cO - -. ~ SMIGEL, ANDERSON & SACKS, LLP River Chase Office Center 4431 North Front Street, 3'd Floor Harrisburg,PA 17110 Peter M. Good, Esquire mwod{.:i~sasllD.nlln Richard C GatTney, Esquire rllatTnev@.sasllD.com Susan M. Zeamer, Esquire gg'!jJJ.l~r@~g~JhLC:J)JI1 COMMERCE BANK! HARRISBURG N.A., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, v. DOCKET NO. 05-783 GETTY ACCOUNTING SERVICES, INC. CIVIL ACTION - LAW Defendant. AFFIDAVIT OF SERVICE Richard C. Gaffney, being duly sworn according to law, deposes and says that he is the attorney for Plaintiff in the above-captioned action; that he served on the Defendant a true and correct copy of the Notice of Hearing on Plaintiffs Petition for Involuntary Transfer of Title and Ownership of Vehicle by Publication in the Cumberland Law Journal on May 6,2005, as evidenced by the Proof of Publication attached hereto and that the facts set forth in the within Affidavit are true and correct to the best of his information and belief. BY:\L<-Cl.M-,-\.SJl~ Richard C. Gaffney Attorney for Plaintiff Sworn to and subscribed before me this lofth day of I Fly 2005. & (-Y'. 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