HomeMy WebLinkAbout05-0944
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SMIGEL, ANDERSON & SACKS, LLP
River Chase Office Center
4431 North Front Street, 3" Floor
Harrisburg, PA 17110-1778
(717) 234-2401
Petsr M. Good, Esquire
pgood@sasllp.com
Susan ",. z:eSl1l"':LE-".!I"lre
szeamenff!sasUo.com
Attorneys for Plaintiff
COMMERCE BANK! HARRISBURG
N.A.,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY , PENNSYLVANIA
Plaintiff,
v.
DOCKET NO. 05' - 9L1Lj
c, '-' ~C-- J'V2..Vr;
Defendant.
CIVIL ACTION -
MORTGAGE FORECLOSURE
KEiTH M. GETTY
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims
set forth in the following pages, you must take action within twenty (20) days after this
Complaint and Notice are served, by entering a written appearance personally or by attorney and
filing in writing with the Court your defenses or objections to the claims set forth against you,
You are warned that if you fail to do so the case may proceed without you and a judgment may
be entered against you by the Court without further notice for any money claimed in the
Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or
property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF
YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Pennsylvania Lawyer Referral Service
Pennsylvania Bar Association
100 South Street
POBox 186
Harrisburg, PA 17108
(800) 692-7375
II
NOTICIA
Le han demandado a usted en la corte. Si usted qui ere defenderse de estas
demandas expuestas en 1as paginas siguientes, usted tiene viente (20) dias de p1azo al partir de la
facha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en Persona
o por abogado y archivar en la corte en forma escrita sus defensas 0 sus objectiones alas
demandas encontra de su persona. Sea avisado que si usted no se defiende, 1a corte tomara
medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier
queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus
propiedades 0 otros derechos importantes para usted.
LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. S1 NO
TIENE ABOGADO 0 S1 NO TIENE EL DI!\'ERO SUFICIENTE DE PAGAR TAL
SERVIC10, VA Y A EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUY A
DIRECC10N SE ENCUENTRA ESCRlT A ABAJO PARA A VERlGUAR DONDE SE PUEDE
CONSEGUIR AS1STENCIA LEGAL.
Pennsylvania Lawyer Referral Service
Pennsylvania Bar Association
100 South Street
POBox 186
Harrisburg, P A 17108
(800) 692-7375
I.I
,1'1
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
oaOQd@sasllo.com
Susan M. Zeamer, Esquire
szeamer@sasllo.com
Anomeys for Plaintiff
COMMERCE BANK! HARRISBURG N.A.,
Plaintiff,
v.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO.OS-- q44 C-io-..C }~
CIVIL ACTION -
MORTGAGE FORECLOSURE
KEITH M. GETTY,
Defendant.
COMPLAINT IN MORTGAGE FORECLOSURE
1. Plaintiff, Commerce Bank/Harrisburg N.A, ("Commerce") is a
Pennsylvania Corporation and a commercial bank having an office and place of
business at 100 Senate Avenue, Camp Hill, Cumberland County, Pennsylvania.
2. Defendant, Keith M. Getty ("Getty"), is a Pennsylvania resident with an
address of 136 North 33rd Street, Camp Hill, Cumberland County, Pennsylvania and the
mortgagor and real owner of the premises hereinafter described.
3. On January 14, 2003, Getty made, executed, and delivered to Commerce
a note (the "Note") and mortgage (the "Mortgage"), true and correct copies of which are
attached hereto and made part of this document as Exhibit "A". The Mortgage was
recorded on February 4, 2003, in the Recorder of Deeds Office in and for Cumberland
County in Book 1794, page 3920.
1.1
4. The said Note and Mortgage were in the principal amount of $20,000, with
the following payment schedule: Payment of all accrued unpaid interest due as of each
payment date, beginning February 14, 2003, with all subsequent interest payments to
be due on the same day of each month after that with an initial rate of interest of 5.75%.
Said Note and Mortgage are incorporated herein by reference.
5. The real estate secured by the Mortgage is described as follows:
ALL THAT CERTAIN lot or parcel of land situate in the Borough of
Camp Hill, Cumberland County, Pennsylvania, bounded and described as
follows, to wit:
BEGINNING at a point on the westerly side of North 33rd Street,
said point being 189.55 feet South of the southwest corner of the
intersection of North 33rd Street and Logan Street also being at the
dividing line between Lots Nos. 117 -A and Lot 118-A on the herinafter
mentioned Plan of Resubdivision; thence southwardly along the westerly
side of North 33rd Street 70 feet to a point at the dividing line between Lots
Nos. 117 -A and Lot 116-A on said Plan; thence South 77 degrees 32
minutes West along the said dividing line 125 feet to a point on the
easterly side of a 15 feet wide alley; thence northwardly along same 70
feet to a point at the dividing line between Lots Nos. 117 -A and 118-A on
said Plan; thence North 77 degrees 32 minutes East 125 feet to a point,
the place of BEGINNING.
BEING Lot No. 117 -A on the Plan of Resubdivision of Lots 115 to
131, Plan of Belvoir as recorded in the Cumberland County Recorder of
Deeds Office in Plan Book 1, Page 16.
BEING known and numbered as 136 North 33rd Street.
6. The Mortgage is in default because payments of interest due November
14,2004, and monthly thereafter are due and have not been paid, whereby the whole
balance of principal and all interest due thereon have become due and payable
forthwith, together with late charges and costs of collection including title search fees
and reasonable attorney fees.
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7. Upon default, the Mortgage provides that the Lender shall have the right,
at its option, after giving such notices as required by applicable law, to declare the entire
indebtedness immediately due and payable. Said notice was provided to Getty on
January 12, 2005, A true and correct copy of said Notice is attached hereto and made
part of this document as Exhibit "B"
8. The following amounts are due as of the date hereof:
Balance of principal: $19,995.21
Interest accrued but unpaid as of February 14, 2005: $392.82
Per diem interest: $3.19
Late fees: $19.48
Attorneys fees: $1,629.00
9. The Mortgage is a residential mortgage, and as such, on January 15,
2005, Plaintiff provided the statutorily required Notice of Intent to Foreclose Mortgage
("Notice"), to Getty by certified U.S. mail. A true and correct copy of said Notice is
attached hereto and made part of this document as Exhibit "e".
10. Getty has failed to make any attempt to rectify or cure the default in
accordance with the instructions set forth in the Notice.
~
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WHEREFORE, Plaintiff demands judgment against the Defendant for foreclosure
and sale of the Mortgaged Premises in the amount of $19,995.21 plus the following
amounts accruing after February 14, 2005, to the date of judgment: (a) interest of $3.19
per day; (b) late charges of $9.75 per month, plus interest at the legal rate allowed on
judgments after the date of judgment, additional attorney fees hereafter incurred, and
costs of suit.
SMIGEL, ANDERSON & SACKS, L.L.P.
Date: ~ 16!(1(
By: fd; It kJJ
Peter M. Good, Esquire -ID # 64316
Susan M. Zeamer, Esquire - ID # 82023
River Chase Office Center, 3m Floor
4431 North Front Street
Harrisburg, PA 17110-1778
(717) 234-2401
Attorneys for Plaintiff
4
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TO:
COM ERCE BAN RISBURG N.A. RECORD & RETURN TO:
INESS DEPART~fT LENDERS SER\^CE AGFNCY
100 ENATE AVENUE POBOX SOR
CA HILL, PA 17011 R' H' II L NJ 0P00.'1
CHER Y - ,
SEND TAX NOTICES TO: AHN:PUB. REC.DOC. prc"':'"
COMMERCE BANKlHARRISBURG N.A.
COMMERCIAL BUSINESS DEPARTMENT
100 SENATE AVENUE
CAMP HILL PA 170t 1
rnLI'F
T ;} 7.\~\..J ....
"Co-' .' r "q=.OS
-, ~,~~.\,[g Or v.... ':.
.._/J'\~ OUIH'(-:'
. . ::\\L~110 C
03 rEB '-\ \W\ 11 39
r'lCCCRDATION REQUESTED BY:
COMMERCE BANKlHARRISBURG N.A.
COMMERCIAL BUSINESS DEPARTMENT
100 SENATE AVENUE
CAMP HILL, PA 1
SPACE ABOVE THIS LINE IS FOR R CORDER'S USE ONLY
. OPEN _ END MORTGAGE ~f., .
THIS MORTGAGE SECURES FUTURE ADVANCES \ . 'D \
THIS MORTGAGE dated January 14, 2003, Is made and executed between Keith M. Getty, whose address is 136
N. 33rd Street, Lemoyne, PA (referred to below as "Grantor") and COMMERCE BANK/HARRISBURG N.A., whose
address is 100 SENATE AVENUE, CAMP HILL, PA 17011 (referred to below as "Lender").
GRANT OF MORTGAGE. For valuable consideration, Grantor grants, bargains, selts, conveys. sssigns, trsnsfers, releases, confinns and mortgages
to Lender sll of Granto~s right, tiUe, and interest in and to the following described real property. together with all existing or subssquently erected or
affixed buildings, improvements snd fixtures; all streets, lanes, alleys. psssages, and ways; ell easements, rights of way, sll liberties. privileges,
tenements, hereditaments, and appurtenances thereunto belonging or anywise made appurtenant hereafter, and the reversions and remainders with
respect th6reto; all wster, water rights, watercourses and ditch rights (including stock in utilities with ditch or irrigation rights); and all oIher rights,
roysJties, snd profits relating to th8 real property, including without lim1lstion s1I minerals, oil, gas, geothermal snd similar matters, (the "Real
Property") located in Cumberland County, Commonwealth of Pennsylvania:
See Exhibit "A", which is attached to this Mortgage and made a part of this Mortgage as if fully set forth
~~ .
The Real Property or its address is commonly known as 136 North 33rd Street, Lemoyne, PA 17011.
REVOLVING LINE OF CREDIT. Specifically, in addition to the amounts specified in the Indebtedness definition, and without limitation, this
Mortgage secures a revoMng line of credit, which obligates Lender to make advances to Borrower unless Borrower falls to comply with all the
terms of the Note.
Grantor presenUy sssigns to Lender all of Grantor's rigl~ title, and Interest in and to ell present and Mure leases of the Property and all Rents from the
Property. In addition, Grantor grants to Lender a Unnonn Commerciel Code security interest In the Personal Property and Rents.
THIS MORTGAGE, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS
GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBUGATlONS UNDER THE NOTE IN
THE ORIGINAL PRINCIPAL AMOUNT OF $20,000.00, THE RELATED DOCUMENTS, AND THIS MORTGAGE. THIS MORTGAGE IS GIVEN AND
ACCEPTED ON THE FOLLOWING TERMS:
GRANTOR'S WAIVERS. Grantor waives all rights or defenses arising by reason of any "one action" or "anti-deficiency" law, or any other law which
-=~::~prevent len_der.from_lninIlir1g:any sction1lgalr15.t(3r8lll-",,-lllCluding s c:lairr1 f", cleJ1<;.i<lnc..Y...IQ.\t1"Le.xtentLer1deL~QII:L,"""ill>.!!!1fitled to a c1ailTlN
~- aeficlency, before or a.fter lender s commencemem-orcomptedoo or any rorecKlSurtt actK>n, eaner JUOlC18UY or oy exercise ot a power 01 sale. . -~..
GRANTOR'S REPRESENTATIONS AND WARRANTIES. Grantor wsrrants that (a) this Mortgage is executed at Borrowe(s request snd not st the
rsquest of Lender, (b) Grantor hss th8 full power, right. snd authority to enter into this Mortgage and to hypothecste the Property; (c) the provisions of
this Mortgage do not conflict with, or result in a default under any agreement or other instrument binding upon Grantor and do not result in a violation
of any law, regulatiOn, court decree or order applicable to Grantor; (d) Grantor has established adequate means of obtaining from Borrower on a
continuing basis infonnation about Borrower's financial condition; and (e) lender has made no representation to Grantor about Borrower (including
without limitation the creditworthiness of Borrower).
PAYMENT AND PERFORMANCE. Except as otherwise provided In this Mortgage, Borrower shsll pay to Lender all Indebtedness secured by this
Mortgage as it becomes due, and Borrower and Grantor shall strictly perfonn all Borrower's and Grantor's obligations under this Mortgage.
POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Grantor sgree that Borrowe~s and Granto~s possession and use of the
Property shall be governed by the following provisions:
Possession and Use. Until Default, Grantor may (1) remain in possession and control of the Property; (2) use, operate or manage the
Property; and (3) collect the Rents from the Property.
Duty to Maintain. Grantor shall maintain the Property in tenantable condition and promptly perform atl repairs, replacements, and maintenance
necessary to preserve its value.
Compliance With Environmental Laws. Grantor represents and warrants to lender that: (1) During the period of Grantor's ownership of the
Property, 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 the Property; (2) Grantor has no knowledge of, or reason to believe that there has been,
except as previously disclosed to and acknowledged by Lender In writing, (a) any breach or violation of any Environmental Laws, (b) any use,
generation, manufacture, storage, treabnent, disposal, release or threatened release of any Hazardous Substance on, under, about or from the
BK I 794PG3920
MORt-GAGE
(Continued)
Page 2
Property by sny prior owners or occupants of Ihe Pr?P'lrty, or (c) any actual or Ihreatened litigation or claims of any kind by sny person relating
to such matters, and (3) Except as prevIOUsly disclosed to snd aCknowledged by Lender In writing, (a) neither Grantor nor any tenant,
contractor, agent or other authorized user of the Property shall use, generate, manufacture, store, treat, dispose of or release any Hazardous
Substance on, under, about or from th8 Property: and (b) any such activity shall be conducted in compliance wnh all applicable feders!. stale,
and IocaJ laws, regulations and ordinances, including without limitation all Environmental Laws. Grantor authorizes L.ender and its agents to enter
upon the Property to make such inspections and tests, at Grantor's expense, as Lender may deem appropriate to determine compliance of the
Property with this section .of the Mortgage. Any inspections or tests made by Lender shall be for Lender's purposes only and shall not be
construed to create any responsibHity or liability on the part of Lender to Grantor or to any other person. The representations and warranties
contained herein are based on Grantor's due diligooce in investigating ths Property for Hazardous Substances. Grsntor hereby (1) releases and
waives any future claims against Lender for indemnity or contribution in the event Grantor becomes liable for cleanup or other costs under any
such laws; and (2) agrees to Indemnify and hold harmless Lender against any and all claims.losses,llabil~ies, damagas, penalties, and expenses
which lender may directly or indirectly sustain or suffer resulting from a breach of this section of the Mortgage or as a consequence of any use,
generation, manufacture, storage, disposal. release or threatened release occurring prior to Grantors ownership or interest in the Property,
whether or nat the same was or should have been known to Grantor. The provisions of this section of the Mortgage, including the obligation to
1ndemn1ly, shall sUNive the payment of the Indebtedness snd the satisfaction and reconveyance of the lien of this Mortgage and shall not ba
affected by Lender's acquisition of any interest in the Property. whether by foreclosure or otherwise.
Nuisance, Waste. Grantor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on or to the
Property or any portion of the Property. Wnhoul limiting the generality of the foregoing, Grantor wW not remove, or grant to any other party the
right to remove. any timber, minerals (including 011 snd gas), coal, clay, scoria, soil, gravel or rock products without Lender's prior written consent.
Removal of Improvements. Grantor shall not demolish or remove any Improvements from the Real Property w1lhout Lender's prior written
r.nn~P-nt Ar::.::I Cl1I'Ytitinn to Ihf:I removal of anv ImnmvAffiAnts l Rflder may raquire Granlor to make affanoomonts satisfactorv to Lender to replace
such Improvements with Improvements of at least equal value.
Lender's Rlgflt 10 Enter. Lender and Lsnder's sgents and representatives may enter upon the Real Property at all reasonable times to attend to
Lender's interests snd to inspect the Real Property for purposes of Grantor's compliance wnh the terms snd conditions of this Mortgege.
ConipIlance with Governmental Requirements. Grantor shall promptly comply with all laws, ordinances, and regulations, now or hereafter in
effect, of all govemmental authorities applicable to the use or occupancy of the Property, including w1lhout Ilmilation, the Americans With
Disabilities Act. Grsntor may contest in good taith any such law. ordinance. or regulation and withhold compliance during any proceeding,
including appropriate appeals, so long as Grsnlcx has notified Lender in writing prior to doing so snd so long as, in Lend""s sole opinion.
Lsnder's interests In the Property are not jeopaRflZed. Lender may requ~e Grsntor to post adequate security or a surety bond, reasonably
satisfactory to Lender. to protect Lender's interest.
Duty to Protect. Grsntor sgrees nenher to abandon or leave unattended the Property. Grsntor shall do sII other scls. in addition to 1hose acts set
forth sbove in this section, which from the character and use of the Property are reasonably necessary to protect and preserve the Property.
TAXES AND UENS. The following provisions relating to the taxes and liens on the Property are part of this Mortgage:
Payment. Grantor shall pay when due <and in all events prior to deiinquency) sII taxes, payroll taxes. special taxes, assessments, water charges
snd sewer service charges levied against or on sccount of the Property, and shall pay when due all claims for work done on or for services
rendered or material furnished to the Property. Grantor shall maintain th8 Property free of any liens having priority over or equal to th8 Interest of
Lender under this Mortgage, except for the Existing Indebtedness referred to in this Mortgage or 1hose liens specifically agreed to in writing by
Lender, and except for the lien of taxes snd assessments not due as further specified in the Right to Contest paragraph.
Rigflt to Contest. Grantor may withhold payment of any tax. assessment, or claim in connection with a good fanh dispute over the obligation to
pay, so long as Lender's Interest in the Property is not jeopardized. If a lien arises or is filed as a result of nonpayment, Grantor shall w1lhin fifteen
(15) days after the lien arises or, II a lien is filed. within fifteen (15) days sner Grantor has notice of the filing, secure th8 discharge of the lien, or II
requested by Lender, depos~ with Lender cash or a suffICient corporate surety bond or other security satistactory to Lender in an amount sufficient
to discharge the lien plus any costs snd attorneys' fees, or other charges thet could accrue as a resuft of a foreclosure or ss!e under the lien. In
any contesl, Grantor shall defend lisen and Lender snd shall satisty any adverse judgment before enforcement against the Property. Grantor shall
name Lender as an additional obligee under any surety bond furnished in the contest proceedings.
Evidence of Payment. Grantor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments snd shell
. - .Authorize. the.. ~.opriate_ governmental offlOia!'to deli.er to. Le.!'<ler at can~ .tifll!la_written. statemenl.<>f the. taxes and ....essments aQaInst Jhe
Property.
Notice ot Construction. Grantor shall notify Lender at least fifteen (15) days before any work is commenced. any seNices are furnished. or any
materials are supplied to the Property, if any mechanic's lien, materialmen's lien, or other lien could be asserted on account of the work, services,
or materials. Grantor wnl u~n request of lender fumish to lender advance assurances satisfactory to Lender that Grantor can and wm pay the
cost of such improvements.
PROPERTY OAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Mortgage:
Maintenance of Insurance. Grantor shall procure and maintain policies of fire insurance with standard extended coverage endorsements on a
replacement basis for the full insurable value covering all Improvements on the Real Property in an amount sufficient to avoid application of any
coinsurance clause, and with a standard mortgagee clause in favor of lender. Grantor shall also procure and maintain comprehensive general
liability insurance in such coverage amounts as lender may request with Lender being named as additional insureds in such liability insurance
policies. Additionally, Grantor shall maintain such other insurance, including but not limited to hazard, business interruption and boiler insurance
as Lender may require. Policies shall be written by such insurance companies and in such fonn as may be reasonably acceptable to lender.
Grantor shall deliver to Lender certificates of coverage from each insurer containing a stipulation that coverage will not be cancelled or diminished
without a minimum of ten (10) days' prior written notice to Lender and not containing any disclaimer of the insurer's liability for failure to give such
notice. Each insurance policy also shall include an endorsement providing that coverage in favor of Lender wUl not be impaired in any way by any
act, omission or default of Grantor or any other person. Should the Real Property be located in an area designated by the Director of the Federal
Emergency Management Agency as a special flood hazard area, Grantor agrees to obtain and maintain Federal Flood Insurance, it avaUable,
within 45 days after notice is given by Lender that the Property is located in a special flood hazard area, for the full unpaid principal balance of the
loan and any prior liens on the property securing the loan, up to the maximum policy limits set under the National Flood Insurance Program, or as
othelWise requIred by Lender, and to maintain such insurance for the term of the loan,
Ap..Ucation of Proceeds. Grantor shall promptly notify lender of any loss or damage to the Property. Lender may make proof of loss if Grantor
BK I 7 94 PG 3 92 I
MORTQA.GE
(Continued)
Page 3
fa"s to do so wllhin fifteen (15) days of the cssualty. Whether or not Lenders security Is Impaired, Lender may. at Lenders election, receive and
retain the proceeds of any insurance snd apply the proceeds to the reduction of the Indebtedness, payment of arry lien affecting the Property, or
the restoration and repair of the Propsrty. If Lender elects to apply the proceeds to restoration and repair. Grantor shall repair or replace the
damaged or destroyed Improvements in a manner satisfactory to Lender. Lender shall, upon satisfactory proof of such expenditure, payor
reimburse Grantor from the proceeds for the reasonable cost of repair or restoration if Grantor is not in default under 1his Mortgage. Any proceeds
which have not been disbursed within 180 days after their receipt and which lender has not committed to the repair or restoration of the Property
sha" be used first to pay any amount owing to Lender under this Mortgage. then to pay accrued interest. and the remainder, if any, shall be
applied to the principal balance of the Indebtedness. If Lender holds any proceeds aner payment in full of the Indabledness, such proceeds shall
be paid to Grantor as Grantor's interests may appear.
COmpliance with existing Indebtedness. During the period in which any Existing Indebtedness described below is In effect, compliance wtth the
insurance provisions contained in the instrument evidencing such Existing Indebtedness shall constitute compliance with the insurance provisions
under this Mortgage, to the extent compliance wllh the terms ot this Mortgage would coostitute s duplication of insurance requirement. If any
proceeds from the insurance become payable on loss, the provisions in this Mortgage for division of proceeds shall apply only to that portion of
the proceeds not payable to the holder of the Existing Indebtedness.
LENDER'S EXPENDITURES. If any action or proceeding is commenced that would msterially affect lender's interest in the Propsrly or n Grantor la"s
to comply with any provision of this Mortgage or any Related Documents. including but not limned to Grantors tallure to comply wJ1h any obligation to
maintain Existing Indebtedness in good standing as required belo'oN, or to discharge or pay when due any amounts Grantor is required to discharge or
pay under this Mortgage or sny Related Documents, Lender on Grantor's behalf msy (but shall not be obligated to) take any action thet Lender deerns
appropriate, including but not limited to discharging or paying sll taxes, liens, security Interests, encumbrances and other claims, st sny time levied or
placed on the Propsrty and paying all costs for insuring, msintaining end preserving the Property. All such expendnures Incurred or paid by Lender tor
such purposes w"lthen basr 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 Lenders option, will (A) be payable on demand; (6) be added to the balance of
the Note and be spportioned among end be payable wllh any installment payments to become due during e1lher (1) the teon of sny sppUcabIe
Insurance policy; or (2) th8 remaining term of th8 Note: or (e) be treated ss s balloon payment which wl11 be due end payable at the Note's mslurity.
The Mortgage also will securs payment of these smounts. Such right shall be in addition to all other rights snd remedies to which Lender may be
entifled upon OefauIL Grantors obligation to Lender for all s,-"h expenses shall survive the entry of any mortgage foreclosure judgment.
WARRANTY; DEFENSE OF mLE. The following provisions relating to ownership of the Property are a part of this Mortgage:
Title. Grantor warrants thet (s) Grantor holds good and marketable title of record to the Property in fee simple, tree and clear of all liens and
encumbrances other than those set forth in the Resl Property description or In the Existing Indebtedness section below or in any title insurance
policy. title report, or final title opinion issued in favor of, and accepted by, Lender in connectJon wllh this Mortgage, and (b) Grantor has the full
right, power. and authority to execute and deliver this Mortgage to Lender.
Defense of Title. Subject to the exception in the paragrsph above. Grantor warrants end will torever defend the title to the Property against th8
lawful claims of s1I parsoos. In the event sny action or proceeding is commenced thet questions Grantor's ti1fe or the interest of Lender under 1h1s
Mortgage, Grantor shall defend the sction at Grantor's expense. Grantor may be the nominal party In s,-"h proceeding, but Lender shall be
ent1l1ed to participate in the procseding and to be represented in the procseding by counsel of Lsnder's own choice, end Grantor wili deliver, or
csuse to be delivered. to Lender s,-"h instruments as Lender may request from time to time to permit such participation.
Compliance With Laws. Grantor warrants that the Property and Grantor's USe of the Property compiles with sll existing appIicsble laws,
ordinances, snd regulations of governmental sulhorlties.
Survival of Representstlons and Warranties. All representations, warranties, end agreements made by Grantor in this Mortgage shall survive
1I1e execution and delivery of 1h1s Mortgage, shall be continuing In nature, and shall remain In full force and effect untn such time ss Borrowers
Indebtedness shall be paid in full.
EXISTING INDEBTEDNESS. The following provisions concemJng Existing Indebtedness are a part of 1h1s Mortgage;
Exlsllng Lien. The iieo of this Mortgage securing th8 Indebtedness may be secondary and inferior \0 an existing lien. Grantor expressiy
covenants and agrees to pay, Of see to the payment ot, the Existing Indebtedness and to prevent any delault Of) s,-"h indebtedness, any default
under 1I1e instruments evidencing such indeb1ec1ness, or any default under any security documents for such indebtedness.
_______--NC>-ModffleatIQfl.-{irantorshall-er ",to any agreemenlwiththe-holdsr oI:"ny.mol1gage.<<othersecurltysgreement whichhas~rjoI1ly over
- - - -- -lfiR; ~~y~ - ~tft;i\8\1~~';;lr15f16JmW;~,.JfiJbJ; t;J!~~"ViI';;It:"~ WitrIuUf1J~v;(Vf ftim~'~\A1&Q;lldflei'id6c--ara.1tOr-~1f=--'-- --- -, -'"
neither request nor accept any future advances under any such security agreement without the prior written consent of Lender.
CONDEMNA nON. The following provisions relating to condemnation proceedings are a part of 1h1s Mortgage:
Proceedings. I! any procseding in condemnation is filed. Grantor shall promp1ly notify Lender in writing. and Granlor shall promptly take such
stops as may be necessary to de!end the action and obtain the sward. Grantor may be the nominal party In s,-"h proceeding. but Lender shall be
entilfed to participate in the proceeding and to be represented in the proceeding by counsel of its own choice, and Grantor will deliver or cause to
be delivered to Lender such instruments and documentation as may be requested by lender from time to time to permit such participation.
Application ot Net Proceeds. If sll or any part of the Propsrty is condermed by eminent domain proceedings or by sny proceeding or purchase
in lieu of condemnation, Lender may at its election require that all or any portion of the net proceeds of the award be applied to the Indebtedness
or the repair or restoration of the Property. The net proceeds of the award sha" mean the award after payment of all actual costs. expenses, and
attorneys' fees incurred by Lender in connection with the condemnation.
IMPOSmON OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental taxes, fees
and charges are a part of this Mortgage:
Current Taxes. Fees and Charges. Upon request by Lender, Grantor shall execute such documents in addition to this Mortgage and take
whatever other action is requested by Lender to pertect and continue lender's lien on the Real Property. Grantor shall reimburse lender for all
taxes, as described below, together with all expenses incurred in recording, pertecting or continuing this Mortgage, including without limitation all
taxes, fees, documentary stamps, and other charges for recording or registering this Mortgage.
Taxes. The following shall constitute taxes to which this section applies: (1) a specific tax upon this type of Mortgage or upon all or any part of
the Indebtedness secured by this Mortgage; (2) a SpeciflC tax on Borrower which Borrower is authorized or required to deduct from payments
on the Indebtedness secured by this typa of Mortgage; (3) a tax on this typa of Mortgage chargeable agains! the Lender or th8 holder 01 the
OK I 7 9 4 PG 3 9 2 3
MORTGAGE
(Continued)
Page 4
Note; and (4) a specific tax on all or any portion of the Indebtedness or on payments of principal and interest made by Borrower.
Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Mortgage this event shall have the same
effect a~ Default, and ~ender may exercise any or all of its avaUable remedies tor Default as provided below unles~ Grantor either (1) pays the tax
before it becomes delinquent, or (2) contests the tax as provided above in the Taxes and Uens section and deposits with Lender cash or a
sufficient corporate surety bond or other security satisfactory to Lender.
SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Mortgage as a security agreement are a part of this
Mortgage:
Security Agreement. This instrument shall constnute a Security Agreement to the extent any of the Propeny constitutes fixtures and Lender shall
have all of the rights of a secured party under the Uniform Commercial Code as amended from time to time. I
Security Interest. Upon request by Lender, Grantor shall execute r.,ancing statements and take whatever other action is requested by Lender to
psrlect and continue Lender's security interest in the Rents and Personal Property. In addition to recording this Mortgage in the real PlOpsny
records, Lender. may., at any time and without furth~r authorizatlOO from Grantor. file executed counterparts, copies or reproouctions of this
Mortgage as a financlOg statement. Grantor shall reImburse Lender for all expenses incurred in perlecting or continuing this security interest.
Upon defauit, Grantor shall not remove. sever or detach the Personal Properly from the Property. Upon defaun, Grantor shall assembfe any
Personal Property not affixed 10 the Property in a manner and at a ptace reasonably convenient to Grantor and lender and make it available to
Lender within three (3) days after receipt of written dernsnd from Lender to th8 extent psnnitted by spplicable law.
Addresses. . The mailing eddresses of Grsntor (debtor) and Lender (secured pany) from which Information concerning the security interest
granted by thIS Mortgage may be obtained <each as required by the Unllorm Commercial Code) are as stated on the first page of this Mortgage.
- .-F-UR-'fH8R--AS$URAUCI!$,-ADDt-TlONAk-AUTtIORIVaIOI IS. 'ft..... r~11..,..i. ~ t"".'""~~L.... . ....1....t1.l17nrb U..... ...-......".,......... ....-.d "ddJ.I.....& "..II..... L.....~. ,... ......~
a part of this Mortgege;
Further Assurances. ,At any time, and from time 10 time, upon request of Lender, Grantor will make, execute and deliver, or wNl cause to be
made, executed or delivered, to Lender or to Lender's dssignee, and when requested by Lender, cause to be filed. recorded, refiled, or
rerecorded. as the case may be. at such times and in such offices and places as Lender may deem sppropriate, any and all such mortgages.
deeds of trust, security deeds, security agreements, financing statements, continuation statements, instruments of further assurance, certifICates,
and other documents as may, in the sole opinion of Lender, be necessary or desirable in order to effectuate, complete, psrleet. continue. or
preserve (1) Borrower's and Grantor's obligations under th8 Note. this Mortgage, and th8 Refated Documents, and (2) the liens snd security
interests created by this Mortgage on th8 Property, whether now owned or hereafter acquired by Grantor. Unless prohibited by law or Lender
sgrees to the contrary in writing, Grantor shall reimburse Lender for all costs and expenses Incurred in connection with the matters referred to in
this paragraph.
Additional Authorizations. If Grantor falls to do any of the things referred to in the preceding paragraph, Lender may do so for and in the name
of Grantor and st Grantor's expense. For such purposes, Grantor hereby irrevocably suthorizes Lender to make, execute, deliver, liie, record and
do all other things as may be necessary or desirsble, in Lender's sole opinion, to eccompllsh th8 matters referred to in th8 preceding paragraph. It
is understood that nothing set forth herein shaD requira Lander to take any such actions.
FULL PERFORMANCE. If Borrower pays all the indebtedness when due, and otherwise performs all the obligations imposad upon Grantor under this
MorIgaga, Lender shaD execute and deliver to Grantor s suitable sstJstaction of this MorIgage and suitable statements of termination of any tJnancing
statement on tne evidencing Lender's security interest in th8 Rents and th8 Personal Property. Grantor wilt pay, if psnnitled by applicable law, any
reasonable tenninatlon fee as detennined by Lender from time to time.
DEFAULT. Default wilt occur n payment in full is not made immediately when due.
RIGtfTS AND REMEDIES ON DEFAULT. Upon Default and at any time thereafter, Lender, st Lender's option. may exercise any one or more of the
following rights and remedies, in addnion to eny other rights or remedies provided by law:
Acceferate Indebtedness. Lender shall have the right at its option. after giving such notices ss required by applicable law, to declare the entire
Indebtedness immediately due and payable.
UCC Remedies. With respect to all or any part of the Personal Property, Lender shall have all the rights and remed1es.of a secured pany under
the Unllorm Commercial Code. . . . m.um.m.mn _ ___ _ ... nm.n___,nm.m__m
w_.' .cOtlect Rer,ls."T8Oder-shall havi> th,,- rt9ht.' withOUt-notice to Borrower or Grantor, to take possession of the Property and, wllh or w1lhout taking
possession of th8 Propeny, to collect the Rents, Including SI'llOOnts past due and unpaid, and apply th8 net proceeds, over and above Lender's
costs, against the Indebtedness. In furtherance of this right. Lender may require any tenant or other user of the Propeny to make payments of rent
or use fees direclly to Lender. If the Rents are collected by Lender. th8n Grantor irrevocably authorizes Lender to endorse instruments received in
payment thereof in the name of Grantor and to negotiate th8 same snd collect the proceeds. Payments by tensnts or other users to Lender in
response to Lender's demand shall satisfy the obligations for which the payments sre made, whether or not any propsr grounds for the demand
existed. Lender may exercise its rights under this subparagraph either in person, by agent, or through a receiver.
Appoint Receiver. Lender shall have the right to have a receiver appointed to take possession of all or any part of the Property, with the power to
protect and preservs the Property. to operate the Propeny preceding foreclosure or ssle, and to collect the Rents from the Property and apply the
proceeds, over and above the cost of the receivership, against the Indebtedness. The receiver may serve without bond if permitted by law.
Lender's right to the sppointrnent of a receiver shall exist whether or not the epparent vaiue of the Propsny exceeds the Indebtedness by a
substantial amount. Employment by Lender shall not disqualify a person from serving as a receiver.
JudiCial Foreclosure. lender may obtain a judicial decree forectasing Grantor's interest in all or any part of the Property.
Possession of the Property. For the purpose of procuring possession of the Property, Grantor hereby authorizes and empowers any attomey of
any court of record in the Commonwealth of Pennsylvania or elsewhere, as attorney for lender and all persons claiming under or through Lender,
to sign an agreement for entering in any competent court an amicable action ,in ejectment for possession of the Property and to appoo;r tor and
confess judgment against Grantor. and against an persons claiming under or through Grantor. for the recovery by lender of possesSion of the
Property, without any stay of execution, for which this Mortgage, or s copy of this Mortgage vermed by sffidavil, shall be a sufficient werrant; and
thereupon a writ of possession may be issued forthwith, without any prior writ or proceeding whatsoever.
Nonjudicial Sale. If permitted by applicable law, Lender may foreclose Grantor's interest in all or in any part of the Personal Property or the Real
Property by non-judicial sale.
Bl \ 7 <;) 4 PG 3 <;) 2 2
MORTGAGE
(Continued)
Page 5
=~~~~~~~~r:'th~e~~~=~fr:~~~~=~:'f~ :~s:=ncy remaining in the Indebtedness due to Lender after application of all
Tenancy at ~Ufferance. If. Grantor remains in possession of the Property after the Property is sold as provided above or lender otherwise
b~~~ entitled to possessIOn of the Property upon default of Grantor, Grantor shall become a tenant at sufferance of Lender or the purchaser
o e. roperty and shall, at Lender's option. either (1) pay a reasonable rental for the use of the Property or (2) vacate the Pro"""'"
Immediately upon the demand of Lender. . t-'~I'1
Other Remedies. Lender shall have all other rights and remedies provided in this Mortgage or the Note or available at law or in equity.
Sale of the Property.. T? the extent permitted by applicable law, Borrower and Granlor hereby waives any and all right to have the Property
malShelled. In exerclSlIl9 lis rllJhts and remedies, Lender shall be free 10 sell all or any part of the Property together or separately in one sale or by
separate sales. Lender shell be entitied to bid at any public sale on all or any portion of the Property. '
No~ce of Sa~e. Lender shall giv~ Grantor r~a~~ble notice of the time and place of any pubtic sale of the Personal Property or of the time after
whICh any pr~ate sale or other .lnt~ed diSposition of the Personal Property is to be made. Unless otherwise required by applicable law
reasona~e notl?e s~all m.ean notice given at least ten (10) days before the time of the sale or disposition. Any sale of the Personal Property ~y
be made '" COOJuoclion With eny sale of the Real Property.
Election of Remedies. Election by Lender to pulSue any remedy shen not exclude pursu" of any other remedy, end sn election to make
~xpen(htures or to take actIOn to ~rf<>!,m an ob!igation of. Grantor un?er this Mortgage, after Grantor's faHure to perform, shall not affect Lender's
right to dec.lare a default and exercIse Its. remedies. Nothing under this Mortgage or otherwise shall be construed so as to limit or restrict the rights
and remedies svallable to Lender followlll9 Default. or in any way to Ii~ or restrict the rights end abnily of Lender to proceed direcUy sgainst
Gr~nt?r and/or 8~O'Ne:- and/or agalt1St any other co-maker, guarantor, surety or endorser and/or to proceed against any other coasteral directly
or Indlreclly secunng the Indebtedness.
Attorneys' Fees; Expenses. If Lender Inslitutes any suit or sclion to enforce any of th8 terms of this Mortgage, Lender shall be entiIIed to recover
such sum as the court !""y adjudge reasonable as attorneys' fees at trial and upon any appsaL Whether or not any court action is involved, and
!o the extent not prohibited by law: all reasonable expenses Lender incurs thet in Lender's opinioo are necessary at any lime for the prolection 0/
Its ",Ierest or the enforcement of lis rights shan become a part of the Indebtedness payable on demsnd end shall bear inlerest st the Note rale
from th8 date of the expenditure ~1iI repaid. Expenses covered by this parsgraph include. withouIlimitation. however subjecl to any limits under
appllCable law, Lender's attorneys fees end Lende(s legsl expenses, whether or not there Is a lawsuit, including attorneys' fees end expanses for
bankruptcy proceedings (including efforls to modify or vacste any automatic stay or injunction), appeals, end any snticlpated post-judgment
collection services, th8 cost of searching records, obtaining tiIIe reports (including foreclosure reports), SUlVeyors' reports. end swralsal fees and
title insurance. to the extent permitted by applicable law. Grantor also wUI pay any court costs, in sddition to all other sums provided by law.
NOTICES. Unless otherwise provided by sppIicsbla law, any notice required to be given under this Mortgage shall be given in writing, end shall be
effecllve when sctually delivered, when sctuaIIy received by lelefacsim1le (unless otherwise required by law), when depos~ed with a nationally
recognized overnight courier, or.ff mailed, when deposited In the United Stales maN, ss tirst class, certified or registered msII postage prepaid, directed
to the addressss shown near the beginning of this Mortgage. All copies of notices of foreclosure from the holder of any lien which has priority over this
Mortgage end notices pulSuant to 42 Pa. C.S.A. Section 8143, at seq., shall ba sent to lender's address, ss shown near the beginning of this
Mortgage. Any party may change lis address for notices under this Mortgage by giving fonnaI written notice to the other parties, speclfying that the
purpose of th8 notice Is to change the party.s address. For notice pwposes, Grantor agrees to keep Lender infonued st sll times of Grsntor's current
address. Unless otherwise provided by spplicable law, ff there Is more than one Grantor. any notice given by Lender to any Grantor is deemed to be
notice given to all Grantors.
MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Mortgage:
Amendments. This Mortgage, together with any Related Documents, constitutes the entire understanding and agreement of the parties as to the
mattelS set fortl1 in this Mortgage. No sIIeratioo of or amendment to this Mortgage shall be effecllve unless given in writing end signed by the
party or parties sought to be charged or bound by the alteration or amendment.
Annual Reports. If the Property is used lor purposes other than Grantor's residence, Grantor shall furnish to Lender, upon raquasl, a certified
statement of net operating income received from the Property during Grantor's previous fiscal year in such loon and detan as Lender shall require.
...__.:N8l weratingincome" shall mean an cash receipts from the Property less all ClIsh eXpenditures made in connection with the operation of lhe
P<opArty .. _~ ~~~~ ~=~==;.- .. ..... m_
Caption Headings. Caption headings in this Mortgage are for convenience purposes only end are not to be used to Interpret or deline the
provisions of this Mortgage.
Governing Law. Thfs Mortgage will be governed by, construed and enforced In accordance with federal law and the laws of the
Commonwealth of Pennsylvania. This Mortgage has been accepted by Lender In the Commonwealth of Pennsylvania.
Joint and Several Uabllny. All obligations of Borrower and Grantor under this Mortgage shall be joint end several, end all references to Grantor
shall mean each and every Grantor. and a1f references to BorfOVl,lef shall mean each and every Borrower. This means that each Borrower and
Grantor signing below Is responsible for all obligations In this Mortgage.
No Watver by Lender. Lender shall not be deemed to have wsived any rights under this Mortgage unless such waiver is given in wilting and
signed by Lender. No delay or QIllission "" 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 Mortgage shall no! prejudice or coostitule a waiver 0/ Lende(s right otherwise to demand sllict compliance
wllh that provlsioo or any other provlsioo of this Mortgage. No prior waiver by Lender, nor any course of dealing between Lender sod Granlor,
shall constitute a waiver of any of lenders rights or of any of Grantor's obligations as to any future transactions. Whenever the consent of Lender
is required under this Mortgage, the granting of such consent by Lender in any instance. shalf not constitute continuing consent to subsequent
instances where such consent is required and in all cases such consent may be granted or withhetd in the sole discretion of Lender.
severability. If a court of competent jurisdiction finds any provision. of this Mortgage to be illegal, invalid, or unenforceable as. to any
circumstance. that finding shall not make the offending provision Hlegal. invalid, or unenforceable ss to any other circumstance. tt feasible, the
offending provision shall be considered modified so that ~ becomes legal, valid and enforceable. If the offending provlsioo csnno) be so modified,
"shall be considered deleted from this Mortgage. Unless otherwise required by law, the Hlegalily.lnvalidlty, or unenforceablllty of any prOVIsion of
this Mortgage shsll not affect lhe legslity, validity or entorceabilily of any other provisioo of this Mortgage.
Merger. There shall be no merger of the interest or estate created by this Mortgage with any other interest or estate in the Property at any time
BK \ 7 9 4 PG 39 2 4
MO'RJGAGE
(Continued)
Page 6
held by or tor the benefft 01 Lander in any capacity, w11hout the written consent of Lender.
::~~~~;sl~~~jl bThee enteformrc~'~' thib.s MortL ndgagendShsll be binding upon Grantor, and upon Grantor's heirs, personal representatives. successors,
'l:;I, , ~e y e er a its successors and assigns,
Time Is of the Essence. Time is of the essence in the performance of this Mortgage.
JEFINITIONS. The following capitalized words snd terms shall haVe the following meanings when used in this Mortgage. Unless specKically stated to
~e contrary t ~II references to dollar amounts shall mean amounts in lawful money of the United States of America. Words and terms used in the
Mgular shall lncluds the piurai, and the piural shsll include the singular, as the context may require. Words and terms not otherwise defU1ed in this
\Iortgaga shall have the meanings attributed to such terms in the UnKorm Commercial Code:
Borrower. The word "Borrower~ means Getty Accounting Servjces, Inc., and all other persons and entities signing the Note in whatever capacity.
Default. The word "Default" means the Default set foDh In this Mortgaga in the section tiDed "Default".
Environmental Laws. The words 'Environmental Laws' mean any and ali state, federal and local statutes, regulations and ordinances relating to
the protection of human health or the environment, including without limnstlon the Comprehensive Environmental Response Compensstm and
liability Act of 1980, as amended, 42 U.S.C. Section 9601, et seq. ("CERCLA'). th8 Superfund Amendments and Reauthorlz~tion Act of 1006, 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. SectlOfl 6901, et seq.. or other applicable state or federal laws. rules, or regulations adopted pursuant thereto.
Exlstlng Indebtedness. The words 'Existing Indebtedness" mesn the indebtedness described in the Existing Lisns provision of this Mortgage.
Grantor. The, word "Grantor" means Keith M. Getty.
1'iazardbus-Sutn.tilm.~. nit::! WVlr.b nCUAIUUU::O ~t&",~ IInnulllla~IICIRI uiAl, tM:n..alo~Q VI Dell ~uamtt). c.v,""enual.tOf\..... ~'l""W, .j......j~1
or infectious chsracteristics, may cause or pose a present or potential hazard to human heanh or the environment when improperly used, Irested,
stored. disposed of, generated, manufactured, transported or otherwise handled. The words "Hazardous Substances' are used in their very
broadest ssnse and include without Iimnstion any snd ali hazardous or toxic substances, materials or waste as defined by or listed under the
Environmental Laws. The term 'Hazardous Substances" sJso includes, w11hout limitation, petroleum and petrolaum by-products or any fraction
thereot and asbestos.
Improvements. The word "Improvements' means all existing and future Improvements. buiidings, structures, mobile homes affixed on the Real
Property, facDities, additions. replacements snd other construction on the Real Property.
Indebtedness. The word "Indebtedness' means all principal, Interest, and other amounts, costs and expenses payable under th8 Note or Related
Documents, together with all renewals of, extensions 01, modifications 01, consolidations 01 and substitutions tor the Note or Related Documents
snd any amounts expended or advanced by Lender to discharge Grsntor's obligations or expenses incurred by Lender to enforce Grantor's
obligations under this Mortgage, together with Interest on such smounts as provided in this Mortgage. The liens and security Interests cr~ted
pursuant to this Mortgage covering th8 Indebtedness which may be created in the future shall relate back to th8 date 01 this Mortgage.
Lender. The word "Lender" means COMMERCE BANKiHARRISBURG N.A., lis successors and assigns.
Mortgage. The word 'Mortgaga' means this Mortgage between Grantor and Lender.
Note. The word "Note' means the promissory nole dated January 14, 2003, in the original principal amount of $20,000.00 from
Borrower to Lander, together with all renewals 01, extensions of, modif>eations ot, reflt18ncings of, consolidations of, and substitutions for the
promissory note or agreement
Personal Property. The words "Personal Property" mean all equipment. fixtures, and other articles of personal property now or herealter owned
by Grantor, and now or hereafter attached or affixed to the Real Property; together with all accessions, parts, and additions 10. all replacements of.
and ali substitutions for. any of such property; and together with all proceeds (including without limitation all insurance proceeds and refunds of
premiums) from any sale or other disposition 01 the Property.
Property. The word 'Property" means cc1lectivety the Real Property and the Personal Property.
Real Property. The words "Real Property" mean the real property, interests and rights, as further dsscribad In this Mortgaga.
Related Documents.. The words. :Related. .Documents"mean all. promissory. notes,. credll.. sgreemenls, loan. agreements, environmental
- ~w~;'~rits. -guaranties; 5eGuifLY- ClYfW'-IMiib;., illUl~fYitijt#;;, utit;;)~-- vI bwl. -~u,lti-~~ i.uftate.-.cir-Illu,l~g~;j, -it.iiU ~lr~r~l i1-,-::.liu"It;fIIfr.,
agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness.
Rents. The word "Rents" means all present and future rents, revenues, income, issues. royalties, profits, and other benefits derived from the
Property.
NTOR ACKNOWLEDGES HAVING READ All THE PROVISIONS OF THtS MORTGAGE, AND GRANTOR AGREES TO ITS TERMS.
MORTGAGE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS MORTGAGE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT
SEALED INSTRUMENT ACCORDING TO LAW.
TOR:
'M.- ~.
M. Getty, Individually
HI{ I 7 9 4 PG 3 9 2 5
MORTGAGE
(Continued)
Page 7
CERTIFICATE OF RESIDENCE
I hereby certify, that the precise address 01 the mortgagee, COMMERCE BANKlHARRISBURG N.A., herein is as follows:
COMMERCIAL BUSINESS DEPARTMENT, 100 SENATE AVENUE, CAMP HIL, 170tl,
L
INDIVIDUAL ACKNOWLEDGMENT
coumv OF
On this, the
/1
2003 ,beforeme ;Ie/I) !l1 6efV
otary Public. rsonaJfy appeared Keith M, Getty, known to me (or satisfactorily proven) tb
in Instrument, and acknowledged that he or she executed the same for the purposes therein
)
)SS
)
dsyol
, the undersign
be the person wl10se name is subscribed to the .
contained.
In witness whereof,l hereunto set my hand and official seal.
N<1lariaI Seal
Sharon R Iiastirv<. NoIary Njc
East Pams Boro. ClmbeIfa.,j CoIIlly
My Ca...M.., Expires Aug. 21. 2006
Memt>er, Pm1sytvania AssodaIi:Jn <XNaaries
JAcuJ
Notary Public in and for the State of
U\89\f'R)\.-.g. ~^..tUIUlli Copr.____""'- IItl'.b:IS. ~1'IIafu"'"--L .PA ttlW"~J.fI"f,C"'II.'lIGll:HC Tl'rlillW _,,
';~;~ ~:.; 1)~;~(~~~~t:~,~!;:~,;~~,~~;
., ~'i;~~""'...~,,,,~\,,..._~_..~~!i,'
.., .
-' ..-.............- - .,-.'--
_.~~--'.-.-:-~~_.~--~--
8Kt 794PG3926
PROMISSORY NOTE
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.
Borrower: Getty Accounting Services, Inc. (TIN: 23-2930197)
426 S. 3rd Street, suite #103
Lemoyne, PA
lender:
COMMERCE BANK/HARRISBURG NA
COMMERCIAL BUSINESS DEPARTMENT
1 00 SENATE AVENUE
CAMP HILL, PA HOt t
(717) 975-5630
Principal Amount: $20,000.00 Initial Rate: 5.750% Date of Note: January 14, 2003
PROMISE TO PAY. Getty Accounting Services, Inc. ("Borrower") promises to pay 10 COMMERCE BANK/HARRISBURG N.A. ("Lender"), or
order, in lawful money of the United States of America, on demand, the principal amount of Twenty Thousand & 00/100 Dollars ($20,000.00) or
so much as may be outstanding, together with interest on the unpaid outstanding principal balance 01 each advance. Interest shall be
calculated from the date of each advance unlit repayment of each advance.
PAYMENT. Borrower will pay this loan immediately upon Lender's demand. Payment in full is due immediately upon Lender's demand.
Borrower will pay regular monthly payments of aU accrued unpaid interest due as of each payment date, beginning February 14, 2003, with all
subsequent interest payments to be due on the same day of each month after that. Unless otherwise agreed or required by applicable law,
payments will be applied first to accrued unpaid interest, then to principal, and any remaining amount to any unpaid collection casts and late
charges. The annual interest rate tor this Note is computed on a 365J360 basis; that is, by applying the ratio of the annual interest rate over a
yeal' of 360 days, multiplied by the outstanding principal balance, multiplied by the actual number of days the principal balance is outstanding.
Borrower will pay Lendef at Lender's address shown above or at such other place as lender may designate in writing.
VARIABLE INTEREST RATE. The interest rate on this Note is subject to change from time to time based on changes in an index which is lender's
Prime Rate (the -Index-). This is the rate lender charges. or would charge, on OO-day unsecureclloans to the most creditworthy corporate customers.
This rale mayor may not be the lowest rate available from lender at any given time. lender.will tell Borrower the current Index rate ujX)fl Borrower's
request The interest rate change will not occur more often than each day. Borrower understands that Lender may make loans based on other rates as
well. The Index currently is 5.250'% per annum. The interest rate to be applied to the unpaid principal balance of this Note will be at a rate of
0.500 percentage points over the Index, resulting in an initial rate of 5.750% per annum. NOTICE: Under no circumstances will the interest rate
on !his Note be more than the maximum rate allowed by applicable law.
PREPAYMENT. Borrower agrees that all loan fees and other prepaid finance charges are earned fully as of the date of the loan and will not be subject
to refund upon eal1y payment (whether voluntary or as a result of default}, except as otherwise required by law. Except for the foregoing, Borrower
Cl"a'f pay without penalty all or a portion of the amount owed eactier 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, earty payments will reduce the principal balance
due. Bofrowar agrees not to send lehder payments marked .paid in full", "without recourse~. or similar language. If Sorrower sends such a payment,
Lender may accept it without losing any of Lender's rights under this Note, and Borrower wit! remain obligated to pay any further amount owed to
Lende:r.. All written communications concerning disputed amounts, including any cheCk or other payment instrument that indicates that the payment
constitutes "payment in full- of the amount owed or that is t~dered with other cOflditions ar limitations Of as full satisfaction of a disputed amount must
be ma~ed or delivered 10: COMMERCE BANKlHARRISBURG N.A., COMMERCIAL BUSINESS DEPARTMENT. 100 SENATE AVENUE. CAMP HILL,
PA 17011.
LATE CHARGE. If a regularly scheduled interest payment is 15 days or more late, Borrower will be charged 5.000% of the regularly scheduled
payment If Lender demands payment of this loan, and Borrower does not pay the loan in full within 15 days after lender's demand, Borrower also
will be charged 5.000% of the sum of the unpaid principal plus accrued unpaid interest.
INTEREST AFTER DEFAULT. Upon default, including 1ailu(e to pay upon final maturity, the total sum due under this Note will bear interest from the
date at acceleration or maturity at the variable interest rale on this Note. The interest rate will not exceed the maximum rate permitted by applicable law.
DEFAULT. Each of the toUowing shall constitute an event of default ("Event of Default") under this Note:
Payment Default. Borrower fails to make any payment when due under this Note.
':".1"... .L...J........... Ov..vn....... '.......... ..... ............r'" ..;.1, VI..... t".........".. .....", ....ct,...., ......... ....L..ll:::I...."......, .......w..."......'..... ..."..d/"...." ........'''...,..'''J ,I> .1,;.... IJ............, ttt (:In) ur
the related documents or to comply with or to perform any tenn, obligation. covenant or condition contained in any other agreement between
Lender and Borrower.
Default in Favor of Third Parties. Borrower or any Grantor defaults under any loan,extenslon of credit, security agreement, purchase or sales
agfeement, Of any ,other agreement. in favor of any other creditor or person that may materially affect any of Borrower's property or Borrower's
ability to repay this Note or perlorm Borrower's obligations under this Note or any of the related documents.
False Statements. Any warranty, representation or statement made or furnished to Lender by Borrower or on Borrower's behalf under this Note
or the related documents is false or misleading in any material respect, either now or at the time made or furnished or becomes false or misleading
at any time thereafter.
Insolvency. The dissolution or termination of Borrower's existence as a going business. the insolvency of Borrower, the appointment of a receiver
for any part of Borrower's property, any assignment for the benefit 01 creditors. any type at creditor workout, or. the commencement of any
proceeding under any bankruptcy or insolvency laws by or against Borrower.
Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help,
repossession or any other method. by any creditor of Borrower or by any governmental agency against any collateral securing the loan. This
includes a garnishment of any 01 Borrower's accounts, including deposit accounts, with Lender. However, this E....ent of Default shall not apply if
there is a good faith dispute by Borrower as. to the \/alidity or reasonableness of the claim which is the basis of the creditor or forfeiture pcoceeding
and i1 Borrower gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the
creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute.
Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor-of any of the indebtedness or any Guarantor dies
or becomes incompetent~ or revokes or disputes the validity of, or liability under, any guaranty of the indebtedness evidenced by this Note. In the
event of a death, Lender, at its option, may, but shall not be required to, permit the Guarantor's estate to assume unconditionally the obligations
arising under the guaranty in a manner satisfactory to Lender, and, in doing so, cure any Event at Default.
Change In Ownership. Any change in ownership of twenty-live percent (25%) or more of the common stock of Borrower.
PROMISSORY NOTE
(Continued)
Page 2
Adverse Change. A material adverse change occurs in Borrower's financial condition, or Lender believes the prospect of payment or
performance 01 this Note IS impaired.
Insecurity. Lender in good faith believes itself insecure.
Cure Provisions. II any default, other than a default in payment is cU,fable and if Borrower has not been given a notice of a. breach 01 the same
provisional this Note within the preceding twelve (12) months, it may be cured (and no event of default will have occurred) jf 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 fiMeen (15) days, ifT\fTlediately initiates steps which Lender deems in lender's sole discretion to be sufficient to cure the default and
thereafter continues and comple1.es all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical.
LENDER'S RIGHTS. Upon default, Lender may, after giving such notices as required by applicable law, declare the entire unpaid principal balance on
this Note and all accrued unpaid interestimmediately due, and then Borrower wilt pay that amount.
ATTORNEYS' fEES; EXPENSES. Lender may hire 01' pay someone else to help collect this Note if Borrower does not pay. Borrower w~1 pay lender
that amount This includes, subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses, whether or not there is a
lawsuit, including attorneys' fees, expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), and
appeals, If not prohibited by applicable law, Borrower also will pay any court costs, in addition to all other sums provided by law.
GOVERNING LAW. This Note will be governed by, construed and enforced in accordance with federal taw and the laws of the Commonwealth
of Pennsylvania. This Note has been accepted by lender.io the Commonwe.alth of Pennsylvania.
RIGHT OF SETOFF. To the extent permitted by applicable law, Lender reselVes a right of setoff in all Borrower's accounts with Lender (whether
checking, savings, or some other account). This includes all accounts Borrower holds jointly with someone else and all accounts Borrower may open in
the future. However, this does not include any IRA or Keogh accounts, or any trust accounts for which setoff would be prohibited by law. BofrQ'Ner
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 acknowledgesthis Note is secured by A 4th lien on 136 N. 33rd Street, lemoyne, Cumberland County, Pennsylvania and A
flrs11ien on all business assets.
UNE Of CREDIT. This Note evidences a revolving line of credit. Advances under this Note, as wen as directions for payment from Borrower's
accounts, may be requested orally or in writing by Borrower or by an authorized person. Lender may, but need not, require that all orat requests be
coofinned in writing. Borrower agrees to be liable for all sums either: (A) advanced in accordance with the instructions of an authOOzed person or (8)
credited to any 01 Borrower's accounts with Lender. The unpaid principal balance owing on this Note at any time may be evidenced by endorsements
on this Note or by Lender's internal records, including daily computer print.outs. lender wiU have no obligation to advance funds under this Note if:
{A} Borrower or any guarantor is in default under the terms of this Note Dr any agreement that Borrower or any guarantDr has with Lender, including
any agreemenl made in connection with the signing of this Note; (6) Borrower or any guarantor ceaSeS doing business. or is insolvent; (C) any
guarantor seeks, daims or otherwise attempts to limit. modify or revoke such' guarantor's guarantee of this Note or any other loan with Lendef; (D)
Borrower has applied funds provided pursuant to this Note for purposes other than those authorized by Lender; or (E) Lender in good faith believes
itself insecure.
POST CLOSING COMPUANCE. Borrower agrees to execute, re~el<ecute, caUSe an Guarantor(s) or other third party(ies} involved in the loon
transaction to el<ecute andlor re-execute and to delivef to lencler or its legal counsel, as may be deemed appropriate, any document or instrument
signed io connection with the Loan which was incorrectly drafted and/or signed, as welt as any document or instrument which should haVE! been
signed at or prior to the closing of the Loan, but which was not so signed and delivered. Borrower agrees to comply with any written request by Lender
within ten (10) days after receipt by Borrower of such request. Failure to Borrower to so comply shall, at the option of lender, upon notice to Borrower,
constitute an event 01 default under the Loan.
ANNUAL PAYOUT PERIOD. Borrow€< shall be required to reduce !he outstanding principal balance under this Line of Credit to zero lor a thirty (30)
consecutive day period during each year of the Une of Credit. .
SUCCESSOR INTERESTS. The terms 01 this Note shall be binding upon Borrower, ami' upon Borrower's heirs, personal representatives, successors
and assigns, and shall inure to the benefit Df Lender and its successors and assigns.
NOTtFY US OF INACCURATE INFORMATION WE REPORT TO CONSUMER REPORTING AGENCIES. Please nolily us i1 we report any inaccurate
:~in~ -about_y.our_-accountls\Jn :I f':nn.s.uc:f1Qf-Tonn~~n!il !;!wn~YYOYf--WrittmH\OtiCQ:_~~~~ifir...Jnaccuracvtiesl-.sfv"u 11rl--be-_sent_tcLus-a1.. ~
the tollowing address: COMMERCE BANKlHARRiSBURG NA, COMMERCIAL BUSINESS DEPARTMENT. 100 SENATE AVENUE, CAMP HILL, PA
17011
GENERAL PROVISlONS. This Note is payable on demand. The inclusion of specific default provisions or rights of Lender shall not preclude Lender's
right to declare payment of this Note on its demanO. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing
them. Borrower and any other person who signs, guarantees or endorses this Note, to the extent allowed by law, waive presentment, demand for
payment; and notice of dishonor. Upon any change in the terms oj 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 time) this loan or release any party 01" guarantor or collateral; or impair, fail to realize upon or perfect
Lender's security interest in the collateral; and take any other action deemed necessary by lender without the consent of or notice to anYDne. All such
parties also agree that Lender may modify this toan without the consent of or notice to anyone other than the party with whom the modificatlon is made.
The obligations under this Note are jolnt andseveral.1f any portion of this Note is for any reason determined to be unenforceable, it wal not affect the
enforceability of any other provisions of this Note.
CONFESSION OF JUDGMENT. BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY
OR CLERK'OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR, AT ANY TIME FOR BORROWER AFTER
A DEFAULT UNDER THIS NOTE AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST BORROWER FOR THE
ENTIRE PRINCIPAL BALANCE OF THIS NOTE AND ALL ACCRUED INTEREST, LATE CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR
ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THIS NOTE. TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'S
COMMISSION OF TEN PERCENT (10%) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT
NOT LESS THAN FIVE HUNDRED OOLLARS [$500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE
IMMEDIATELY, AND FOR SO DOING, THIS NOTE OR A COPY OF THIS NOTE VERIFIED BY AFFIOAVIT SHALL BE SUFFICIENT WARRANT. THE
AUTHORITY GRANTED IN THIS NOTE TO CONFESS JUDGMENT AGAINST BORROWER SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT
AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS
NOTE. BORROWER HEREBY WAIVES ANY RIGHT BORROWER MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTiON WITH ANY SUCH
CONFESSION OF JUDGMENT AND STAT, ~HAT EITHER A REPRESENTATIVE OF LENOEI" ^PECIFICALLY CALLED THIS CONFESSION OF
JUDG~ <'NT PROVISION TO BORROWER'S i'NTION OR BORROWER HAS BEEN REPRESE' , BY INDEPENDENT LEGAL COUNSEL
PROMISSORY NOTE
(Continued)
Page 3
PRIOR TO SIGNING THIS NOTE, BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE, INCLUDING THE VARIABLE
INTEREST RATE PROVISIONS. BORROWER AGREES TO THE TERMS OF THE NOTE.
BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETED COpy OF THIS PROMISSORY NOTE.
THIS NOTE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS NOTE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A
SEALED INSTRUMENT ACCORDING TO LAW.
BORROWER:
GETTY ACCOUNTING SERVICES INC.
By:
Keith M. Getty. Pre N.P. esfTrea/Sec
Accounting Services, I
0/
,?k.
(Seal)
of Getty
l.J\!IEflPFlO~.l.V.._S.lI"'IIJIIi CGt><.""o\o<MI~_""_."" '!l97.2OOJ. AlRoyIoo._"" _PA 'HWINo\PP$\Lf'WlMCFl\lPl\02ll.~C TR-511i..o PR.1I
;'
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Commerce
.BankNA
January 12, 2005
Keith and Cheryl Getty
136 North 3300 Street
Camp Hill, P A non
Re: Commerce Bank Loans No. 3020395
Dear Mr. and Mrs. Getty:
The above-referenced loan number is secured by a mortgage held by Commerce Bank on
your property located at 136 North 3301 Street, Camp Hill, PA. As you are aware, your
loan is in serious default. Pursuant to the terms of your loan, payment in full is due
immediately upon the lender's demand. Please consider this letter to be the demand by
Commerce Bank for payment. A check in the amount of $20,281.20 should be mailed to
my attention immediately. Your failure to pay the total amount due will result in
foreclosure proceedings on this mortgage. Under the terms of the mortgage agreement
you will be responsible for reasonable attorney's fees incurred in the foreclosure of this
mortgage. You will receive a Notice of Commerce Bank's intention to foreclose on the
mortgage on or about January 15, 2005. Following that Notice, foreclosure proceedings
will be initiated against you on this loan.
If you have any additional questions, please do not hesitate to contact me.
Sincerely,
COMMERCE BANKIHARRISBURG, NA
tfMP-L
An a Masser
Vice President, Asset Quality
Commerce Bank I Harrisburg, NA
P.O. Box 8599
100 Senate Avenue
Camp Hill, Pennsylvania 17001-11599
f01~IV;;
liJ~fl:.>
Commerce
.BankNA
DATE: January 15, 2005
TO: Keith M. and Cheryl S. Getty
136 North 33'd Street
Camp Hill PA 17011
Via Certified Mail
NOTICE OF INTENTION TO FORECLOSE MORTGAGE
The MORTGAGE held by Commerce Bank/Harrisburg NA. (hereinafter we, us or ours)
on your property located at 136 North 33m Street, Camp Hill, Cumberland County, Pennsylvania
IS IN SERIOUS DEFAULT because you have not made the monthly payments of$95.81 and
$99.00, respectively, for the months of November and December 2004. Late charges and other
charges have also accrued to this date in the amount of$285.99. The total amount now required
to cure this default, or in other words, get caught up in your payments as of the date of this letter
is $480.80.
You may cure this default witbin thirty (30) days ofthe date ofthis letter by paying
to us the above amount of$480.80, plus any additional monthly payments and late charges
which may fall due during this period. Such payments must be made either by cash, cashier's
check, certified check or money order, and made at Commerce Bank/Harrisburg NA, 100 Senate
Avenue, Camp Hill, PA 1701 I.
If you do not cure the default within thirty (30) days, we intend to exercise our right to
accelerate the mortgage payments. This means that whatever is owing on the original amount
borrowed will be considered due immediately and you may lose the chance to pay off the
original mortgage in monthly installments. Iffull payment of the amount of default is not made
within thirty (30) days, we also intend to instruct our attorneys to start a lawsuit to foreclose
your mortgage property. If the mortgage is foreclosed your mortgaged property will be
sold by tbe Sheriff to payoff the mortgage debt, )fwe refer your case to our attorney, but you
cure the default before they begin legal proceedings against you, you will still have to pay the
reasonable attorney's fees actually incurred up to $50.00. However, iflegal proceedings are
started against you, you will have to pay the reasonable attorney's fees even if they are over
$50.00. Any attorney's fees will be added to whatever you owed us, which may also include our
reasonable costs. If you cure the default within the thirty day period, you will not be
required to pay attorney's fees.
We may also sue you personally for the unpaid principal balance and all other sums due
under the mortgage.
Commerce Bank I Harrisburg, N.A.
P. O. Box 8599
100 Sena1e Avenue
Camp Hill. Pennsylvania 17001 ~6599
~.
If you have not cured the default within the thirty day period and foreclosure proceedings
have begun, you stilI have the right to cure the default and prevent the sale at any time up to
one hour before the Sheriff's foreclosure sale, You may do so by paying the total amount
of the unpaid monthly payments plus any late or other charges then due, as well as the
reasonable attorney's fees and costs connected with the foreclosure sale (and perform any
other requirements under tbe mortgage). It is estimated that the earliest date that such a
Sheriffs sale could be held would be approximately March 14, 2005. A notice of the date of the
Sheriff sale will be sent to you before the sale. Of course, the amount needed to cure the default
will increase the longer you wait. You may find out at any time exactly what the required
payment will be by calling us at the following number: (717) 760 - 5204. This payment must be
in cash, cashier's check, certified check or money order and made payable to us at the address
stated above.
You should realize that a Sheriff's sale will end your ownership of the mortgaged
property and your right to remain in it. If you continue to live in the property after the Sheriff's
sale, a lawsuit could be started to evict you.
You have additional rights to help protect your interest in the property. YOU HAE THE
RIGHT TO SELL THE PROPERTY AND OBTAIN MONEY TO PAY OFF THE
MORTGAGE DEBT, OR TO BORROW MONEY FROM ANOTHER LENDING
INSTITUTION TOP A Y OFF THIS DEBT. YOU MAY HAVE THE RIGHT TO SELL OR
TRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE TO A BUYER OR
TRANSFEREE WHO WilL ASSUME THE MORTGAGE DEBT, PROVIDED THAT ALL
THE OUTSTANIDING PAYMENTS, CHARGES AND ATTORNEY'S FEES AND COSTS
ARE PAID PRIOR TO OR AT THE SALE, AND THAT THE OTHER REQUIREMENTS
UNDER THE MORTGAGE ARE SATISFIED. CONTACT US TO DETERMINE UNDER
WHAT CIRCUMSTANCES THIS RIGHT MlGHT EXIST. YOU HAVE THE RIGHT TO
HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF.
If you cure the default, the mortgage will be restored to the same position as if no default
had occurred. However, you are not entitled this right to cure your default more than three times
in any calendar year.
Sincerely,
fi~ 1'f(~
Angela Masser, V.P.I Asset Quality
Commerce BanklHarrisburg NA
2
,. .
- '
VERIFICATION
I, Angela Masser, verify that the statements contained in the foregoing Complaint
in Mortgage Foreclosure 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. S4904, relating to unsworn falsification to authorities.
Date: / /11/ os-
-.li.i ~4A(2~~
Commerce Bank/Harrisburg N.A.
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SHERIFF'S RETURN - NOT FOUND
CASE NO: 2005-00944 ij
COMMONTWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
COMMERCE BANK/HARRISBURG N A
VS
GETTY KEITH M
R. Thomas Kline
,Sheriff or Deputy Sheriff, who be ng
duly sworn according to law, says, that he made a diligent searc and
inquiry for the within named DEFENDANT
GETTY KEITH M
bu was
unable to locate Him in his bailiwick. He therefore returns th
COMPLAINT - MORT FORE
, NOT FOUND, s to
the within named DEFENDANT
, GETTY KEITH M
136 NORTH 33RD STREET
CAMP HILL, PA 17011
PER POST OFFICE, DEFENDANT IS AT 15580 KINROSS CIR
FORT MYERS, FL 33912-3905 UNTIL 5/5/05.
Sheriff's Costs:
Docketing
Service
Not Found
Surcharge
Postage
18.00
11.10
5.00
10.00
.37
44.47
So answers: _" /-'.,~~" ,~._/:;..~
C . ...... /~~
..:- -4 c-?'~,<' .
R. Thomas KTine
Sheriff of Cumberland County
SMIGEL ANDERSON SACKS
03/08/2005
Sworn and subscribed to before me
this it:.. day of ~
LXsl~
.1\
SMIGEL, ANDERSON & SACKS, L.L.P.
River Chase Office Center
4431 North Front Street, 3rd Floor
Harrisburg, PA \7110-177&
(717)234.2401
Peter M. Good, Esquire
pgood@sasllp.com
Susan M. Zeamer, Esquire
szeamer(wsasIJo.com
Attorneys fOf Petitioner
COMMERCE BANK/HARRISBURG,
N.A.,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
v.
DOCKET NO. 05-944 - CIVIL TERM
KEITH M. GETTY,
Defendant.
CIVIL ACTION - LAW
MOTION FOR SPECIAL RELIEF
AUTHORIZING SERVICE BY PUBLICATION
'p.....
COMES NOW, this r1. day of May 2005, Commerce BankJHarrisburg, N.A., by and
through its attorneys, Smigel, Anderson & Sacks, LLP, and pursuant to Rule 430 of the
Pennsylvania Rules of Civil Procedure respectfully moves this Honorable Court for a special
order authorizing service of process by publication, as follows:
1. Plaintiff, Commerce BankJHarrisburg N.A. ("Commerce") is a corporation
authorized to do businesses in Pennsylvania with its office located at 100 Senate Avenue, Camp
Hill, Cumberland County, Pennsylvania.
2. Defendant, Keith M. Getty ("Getty") is an adult individual whose last know
address is 136 North 33rd Street, Camp Hill, Cumberland County, Pennsylvania.
3. On February 16, 2005, Commerce filed a Complaint in Mortgage Foreclosure
against Getty, alleging therein that Getty is in default of a promissory note that is secured by a
mortgage recorded on February 4,2003, in the Recorder of Deeds Office in and for Cumberland
County in Book 1794, page 3920. A true and correct copy of the Complaint is attached hereto as
Exhibit "A."
4. Commerce has been unable to effectuate personal service of original process on
Getty, despite diligent and good faith efforts to do so.
5. On March 8, 2005, the Sheriff of Cumberland County returned an affidavit Mort
Fore, swearing therein that, despite a diligent search and inquiry, he was unable to locate Getty,
in his bailiwick.
6. Commerce attempted to serve Getty by restricted certified mail at an address in
Fort Myers, Florida that was supplied to Commerce by the Sheriff of Cumberland County.
7. On March 18, 2005, the postal authority returned the certified mail "Attempted-
2
Not Known"
8. On April 4, 2005, Commerce retained Jack Litman ("Litman") of State Service
Corporation, a process server in Florida, to effectuate personal service on Getty.
9. Litman reported to Commerce that he was unable to locate Getty at the address
that had been supplied to Commerce by the Sheriff of Cumberland County.
10. Commerce's attorneys have made further inquiry as to the whereabouts of Getty
and have learned: (a) Getty no longer resides at the home address that he provided to Commerce
in the promissory note; (b). Getty no longer resides at any address in the Commonwealth; (c)
Getty's wife no longer resides at the home address that Getty provided to Commerce in the
promissory note; (d) Getty is no longer operating at the business address that Getty provided to
Commerce in the promissory note; ( e) Getty is no longer operating at any business address
within the Commonwealth; (f) Mrs. Getty's attorney informed Commerce's attorney that her
client does not know the whereabouts of Getty.
II. Pennsylvania Rules of Civil Procedure provide:
"If service cannot be made under the applicable rule the plaintiff may
move the court for a special order directing the method of service. The
II
II
motion shall be accompanied by an affidavit stating the nature and extent
of the investigation which has been made to determine the whereabouts of
the defendant and the reasons why service cannot be made."
PA. R. CIV. P. 430(a).
12. Rule 430(b)(1) provides that the court may authorize by publication.
13. Despite a good faith effort to locate Getty, Commerce is unable to ascertain the
whereabouts of Getty.
14. Commerce believes and therefore avers that Getty is avoiding service of process.
WHEREFORE, Commerce BanklHarrisburg N.A. respectfully moves this Honorable
By:tL\...Q.,,,...\..tJ)\
Richard C. Gaffuey, M qUIre
J.D. #63313
Peter M. Good, Esquire
!.D. # 64316
Susan M. Zeamer, Esquire
!.D. # 82023
River Chase Office Center, 3rd Floor
4431 N. Front Street
Harrisburg, PA 17110,1709
Attorney for Plaintiff
Court for a special order authorizing service of process by publication substantially in the form
of the Notice and Order attached to this Motion.
Respectfully Submitted,
SMIGEL, ANDERSON & SACKS, LLP
3
NOTICE OF ACTION IN
MORTGAGE FORECLOSURE
In the Court of Common Pleas of
Cumberland County, Pennsylvania
Civil Action - Law
No. 05-944 Civil Term
COMMERCE BANK/HARRISBURG N.A.,
Plaintiff
VS.
KEITH M. GETTY,
Defendant
NOTICE
TO KEITH M. GETTY:
You are hereby notified that on February 16, 2005, Plaintiff,
COMMERCE BANK/HARRISBURG N.A. filed a Complaint in
Mortgage Foreclosure endorsed with a Notice to Defend, against you in
the Court of Common Pleas of CUMBERLAND County, Pennsylvania,
docketed to No. 05-944 Civil Term. Wherein Plaintiff seeks to foreclose
on the mortgage secured on your property located at 136 North 33rd Street,
Camp Hill, Cumberland County, whereupon your property would be sold
by the Sheriff of CUMBERLAND County.
YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ABOVE
REFERENCED COMPLAINT ON OR BEFORE 20 DAY FROM THE
DATE OF THIS PUBLICATION OR A JUDGMENT WILL BE
ENTERED AGAINST YOu.
NOTICE
If you wish to defend, you must enter a written appearance
personally or by attorney and file your defenses or objections in writing
with the court. You are warned that if you fail to do so the case may
proceed without you and a judgment may be entered against you without
further notice for the relief requested by the Plaintiff. You may lose
money or property or other rights important to you.
YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT
ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR
TELEPHONE THIS 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 MAYBE 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 South Bedford Street
Carlisle, l' A 17013
(800) 990-9108
PETER G. GOOD, ESQUIRE
SUSAN M. ZEAMER, ESQUIRE
RICHARD C. GAFFNEY, ESQUIRE
SMIGEL, ANDERSON & SACKS, LLp
Attorneys for Plaintiff
SMIGEL, ANDERSON & SACKS, LLP
River Chase Office Center
4431 North Front Street, 3rd Floor
Harrisburg, PA 17110-1778
(717) 234-2401
" c--' ()
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River Chase Oflice Center
443 J North Front Street. 3rd Floor
Harrisburg, PA 17110-1778
(717) 234.240]
COMMERCE BANK/HARRISBURG,
NA,
Plaintiff,
v.
KEITH M. GETTY,
Defendant.
ORDER
AND NOW, this J 3~ay of fIl~
RECEIVED MAY 13100Sfr'
pgood@sasllp.com
Susan M. Zeamer. Esquire
,;!zeam.~I@8~lln_&9m
Attorneys for Petitioner
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, pENNSYL VANIA
DOCKET NO. 05-944 - CIVIL TERM
CIVIL ACTION - LAW
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 is hereby ORDERED that Commerce's Motion is GRANTED. Commerce is authorized to
effectuate service by publication within ()o days of this Order.
5"~ (~. (J S
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BY~l'Iffi COUR
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Edward E. Guido, Judge
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LAW OFFICES
SNEL8AKER &
BRENNEMAN, p,c.
TOWNSHIP OF HAMPDEN,
Claimant
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2005-1086 MLD TERM
JUSTIN CHENG, KAUN FANG, CHENG
CHIH YOUNG LO,
Owners
TO THE PROTHONOTARY:
PRAECIPE
Please mark the municipal lien entered in the above-captioned action satisfied upon your
docket and indices.
Date: May 12,2005
SNELBAKER & BRENNEMAN, P. C.
I~
BY:
Keith O. Brenneman, Esquire
44 W. Main Street
Mechanicsburg, l' A 17055
(717) 697-8528
Solicitor for Township of Hampden
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1
SMIGEL, ANDERSON & SACKS, llP
River Chase Office Center
4431 North Front Street, 3" Floor
Harrisburg, PA 17ttO-1778
(717) 234.2401
Peter M. Good, Esquire
ooood@sasllo.com
Susan M. Zeamer, Esquire
szeamenffisasllo.com
Attorneys for Defendant
COMMERCE BANK! HARRISBURG N.A., : IN THE COURT OF COMMON PLEAS
Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 05-944 - Civil Term
KEITH M. GETTY,
Defendant.
CIVIL ACTION -
: MORTGAGE FORECLOSURE
NOTICE OF FILING OF DEFAULT JUDGMENT
TO: Keith M. Getty
136 North 33ra Street
Camp Hill, PA 17011
( ) Notice is hereby given that a Default Judgment for failure to file a
response to the complaint in the above-captioned matter has been entered against you
on this J!~ day of flu 7 . , 2005.
( ) Copies of all documents filed with the Prothonotary in support of this
matter are enclosed.
p"""4~
By:
If you have any questions regarding this Notice, please contact the filing party:
Susan M. Zeamer, Esq.
Smigel, Anderson & Sacks, L.L.P.
4431 North Front Street
Harrisburg, PA 17110
(717) 234-2401
NOTICE MAILED: ~/I-/ /()5
PROTHONOTARY
.II
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
ooood@sasllo,com
Susan M. Zeamer, Esquire
szeamer@sas((o.com
Attorneys for Plaintiff
COMMERCE BANK! HARRISBURG NA,
Plaintiff,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 05-944 - Civil Term
KEITH M. GETTY,
Defendant.
CIVIL ACTION -
: MORTGAGE FORECLOSURE
PRAECIPE FOR JUDGMENT BY DEFAULT
TO: The Prothonotary
Kindly enter judgment against Defendant Keith M. Getty, in the amount of
$23,026.87 plus costs to be added, broken down as follows:
Amount due as set forth in the Complaint _19,995.21
Interest from the date of the Complaint through July 28, 2005" 523.16
Late fees from the date of the Complaint through July 28, 2005 58.50
Attorneys' Fees and Costs from the date of the Complaint 2,450.00
through July 28, 2005
Plus costs (to be added)
Total (plus costs to be added)
.$ 23,026.87
"Interest continues to accrue at a rate of $3.19 per diem.
Notice of Default in the form attached hereto and marked as Exhibit "A" was sent
to Defendant, pro se, on June 29, 2005.
SMIGEL, ANDERSON & SACKS, L.L.P.
t~
e r M. Good, Esq
I.D. umber: 6431
Susan M. Zeamer, squire
I.D. Number: 82023
River Chase Office Center
4431 North Front Street
Harrisburg, PA 17110-1778
(717) 234-2401
Dated: ~ \\ \~
Attorney for Plaintiff
SMIGEL. ANDERSON & SACKS. L.L.P.
River Chase Office Center
4431 North Front Street, 3rd Floor
Harrisburg, PA 17110.1778
(717) 234-2401
Peter M. Good, Esquire
pgood@::;aslJp.com
Susan M. Zeamer, Esquire
szearner(Ql saJilli2. ;;Qf:l
Attorneys for Plaintiff
COMMERCE BANK! HARRISBURG N.A.,
Plaintiff,
v.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 05-944 - CIVIL TERM
KEITH M. GETTY,
Defendant.
CIVIL ACTION - LAW
TEN DAY NOTICE OF INTENTION TO ENTER JUDGMENT BY DEFAULT
TO: Keith M. Getty, Defendant
Date of Notice: June 29, 2005
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED
OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS
NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND
YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD
TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR
CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT
WHERE YOU CAN GET LEGAL HELP:
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166
A: Keith M. Getty, Demandado
FECHA DE NOTICIA: June 29, 2005
NOTICIA IMPORTANTE
USTED NO HA COMPLlDO CON EL AVISO ANTERIOR PORQUE HA FALTADO
EN TOMAR MEDIDAS REQUERIDAS RESPECTO A ESTE CASO. SI USTED NO
ACTUA DENTRO DE DIEZ (10) DIAS DES DE LA FECHA DE ESTA NOTICIA , ES
POSIBLE QUE UN FALLO SERIA REGISTRADO CONTRA USTED SIN UNA
AUDIENCIA Y USTED POD RIA PERDER SU PROPIEDAD 0 OTROS DERECHOS
IMPORTANTES. USTED DEBE LLEVAR ESTA NOTICIA A SU ABOGADO EN
SEGUIDA. SI USTED NO TIENE ABOGADO, VAYA 0 LLAME A LA OFICINA ESCRITA
ABAJO PARA AVERIGUAR A DONDE USTED PUEDE ONTENER LA AYUDA LEGAL:
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166
SMIGEL, ANDERSON & SACKS, L.L.P.
C-.
/ Y\(\\. A
ete M. Good, Es 're ID #64316
/
Susa M. Zeamer.c.E uire ID #82023
4431 North Front Street
Harrisburg, PA 17110-1778
(717) 234-2401
Attorneys for Plaintiff
)j
.11
Ii
CERTIFICATE OF SERVICE
I, Susan M. Zeamer, hereby certify that a copy of the foregoing Ten Day Notice
of Intention to Enter Judgment by Default was served upon the following, 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:
Keith M. Getty
136 North 33rd Street
Camp Hill, PA 17011
Pro 5e Defendant
SMIGEL, ANDERSON & SACKS, L.L.P.
c---..
'G-J'it-. 0L ") :>---------.
P er M. Good,. uire
I. . Number: 64
Susan M. Zeamer, Esquire
1.0. Number: 82023
River Chase Office Center
4431 North Front Street
Harrisburg, PA 17110-1778
(717) 234-2401
Attorneys for Plaintiff
i /"' 'J" -
Dated: '-\' (".I.', CIS
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I
t
AFFIDAVIT OF SERVICE
I, Susan M. Zeamer, being duly sworn, depose and say that I served true and
correct copies of Praecipe for Judgment by Default on August 1, 2005, by first-class and
certified mail, return receipt requested, upon the Defendant at:
Keith M. Getty
136 North 33rd Street
Camp Hill, PA 17011
Pro Se Defendant
SWORN to and subscribed before me this /5+
day o~ 2005.
Notary ublic
My Commission Expires:
OMM NWEALTH OF PENNSYLVANIA
NotarfaJSesi
Tonya S. Stoneroad, NotaIy Public
Susquehanna Twp., Dsuphln County
My Commission Expires Nov. 29. 2008
M'mbllJr. Pennsylvania Association Of Notaries
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PROOF OF PUBLICATION
State of Pennsylvania, County of Cumberland
Tammy Shoemaker, Classified Advertising Manager, of The Sentinel, of the County
and State aforesaid, being dilly sworn, deposes and says that THE SENTINEL, a
newspaper of general circulation in the Borough of Carlisle, County and State
aforesaid, was established December 13th, 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):
Mav 20, 2005.
COPY OF NOTICE OF PUBLICATION
NOTICE OF ACTION IN
MORTGAGE FORECLOSURE
In the Court of Common Pleas of
Cumberland County, P~nnsylvania
Civil Action. Law
No. 05.944 Civil Term
COMMERCE BANKfHARRISBURG, N.A.,
. Plaintiff
V5.
KElrH M. GETTY.
Defendant
!!l1IIl<IO
TO KEITH M. GETTY:
You are hereby notified that on FEBRUARY 16, 2005, Plaintiff, COMMERCE
BANK/HARRISBURG N.A. filed a Complaint in Mortgage Foreclosure endorsed
with a Notice to Defand, againfityou in the Court of Common Pleas of
CUMBERLAND County, Pennsylvania. docketed to No. 05-944 Civil Term. Wherein
Plaintiff is seeks to foreclose on the mortgage ,secured on YOl,lr property located at
136 North 33rd Street, Camp Hili, Cumberland County, whereupon -your property
would be sold by the Sheriff of CUMBERLAND County.
VOU ARE HEREBY NOTIFIED TO PLEAD TO THE ABOVE REFERENCED
COMPLAINT ON OR BEFORE 20 DAYS FROM THE DATE OF THIS
PUBLICATION OR A JUDGEMENT WILL BE ENTERED AGAINST YOU.
NOTICE
If you wish to defend, you must enter a written appearance personally or by attorney
al\d file In-writing with the.court. You are warned that if you fail to do so the case may
proceed without YQu and a judgement may be entered against you without further
notice for the relief requested by the Plaintiff. You may lose money or property or
other rights important.to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, 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 EL.IGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County
Lawyer Referral Service
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(800) 990-9108.
PETER G. GOOD, ESQUIRE
SUSAN M. ZEAMER, ESQUIRE
RICHARD C. GAFFNEY. ESQUIRE
SM~EL, ANDERSON & SACKS, LLP
Attorneys for Plaintiff
SMIGEL, ANDERSON & SACKS. LLP
RiverChase Office Center
4431 North Front Street, 3rd Floor
Harrisburg, PA 17110-1.778
(717) 234-2401
Affiant further deposes that he! she is not
interested in the subject matter of the
aforesaid notice or advertisement, and that
all allegations in the foregoing statement
as to time, place and character of
Xi?<~
Sworn to and subscribed before me this
25th day of May, 2005.
C'-i1 JIJj!U.i1J If ~f
Notary P lic
My commission exPires:q/t/Of
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Chnstina L. Wolle. NoIaJy Public
Ca~isle Bom. Cumberland Coonty
My Commission Expires Sepll. 2008
Member, Pennsylvania Association Of Notaries
PROOF OF PUBLICATION
State of Pennsylvania, County of Cumberland
Tammy 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 13th, 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 20, 2005.
COPY OF NOTICE OF PUBLICATION
NOTICE OF ACTION IN
MORTGAGE FORECLOSURE
In the Court of Common Pleas of
Cumberland County, Pennsylvania
Civil Action - Law
No. 05-944 Civil Term
COMME8CE BANK/HARRISBURG, N.A.,
Plaintiff
VS.
KEITH M. GETTY,
Defendant
NOTICE
'0 KEITH M. GETTY:
'ou are hereby notified thaton FEBRUARY 16, 2005, Plaintiff,COMMERCE
BANK/HARRISBURG N.A. filed a Complaint in Mortgage Foreclosure endorsed
with a Notice to Defend, against you in the Court of Common Pleas of
CUMBERLAND County, Pennsylvania, docketed to No. 05-944 Civil Term. Wherein
Plaintiff is seeks to foreclose on the mortgage ,secured on your property located at
136 North 33rd Street, Camp Hill, Cumberland County, whereupon.your property
would be sold by the Sheriff of CUMBERLAND County.
'OU ARE HEREBY NOTIFIED TO PLEAD TO THE ABOVE REFERENCED
COMPLAINT ON OR BEFORE 20 DAYS FROM THE DATE OF THIS
PUBLICATION OR A JUDGEMENT WILL BE ENTEREb AGAINST YOU.
NOTICE
you wish to defend, you must enter a written appearance personally or by attorney
and file In writing with the court. You are warned that if you fail to do so the case may
proceed without you and a judgement may be entered against you without further
notice for the relief requested by the Plaintiff. You may lose money or property or
other rights importantto you.
.OU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH
INFO~MATION ABOUT HIRING A LAWYER.
: 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 South Bedford Street
Carlisle, PA 17013
(800) 990-9108'
ETER G. GOOD, ESQUIRE
USAN M. ZEAMER, ESQUIRE
ICHARD C. GAFFNEY, ESQUIRE
MIGEL, ANDERSON & SACKS, LLP
ttorneys for Plaintiff
MIGEL, ANDERSON & SACKS, LLP
iverChase Office Center
431 North Front Street, 3rd Floor
arrisburg, PA 17110"1778
'17) 234-2401
Affiant further deposes that he/ she is not
interested in the subject matter of the
aforesaid notice or advertisement, and that
all allegations in the foregoing statement
as to time, place and character of
~~~
Sworn to and subscribed before me this
25th day of May, 2005.
C--!tJ/()f1I.i1J Ii. ~2
Notary P lic
My commission expires:q/t/O?
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Chnstina l. Wolfe. Notary Public
Carlisle BOlO, Cumberland Coonty
My Commission Expirns Sepll, 2008
Member. Pennsylvania Association Of Notaries
PROOF OF PUBLICATION
State of Pennsylvania, County of Cumberland
Tammy 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 13th, 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):
Mav 20,2005.
COPY OF NOTICE OF PUBLICATION
NOTICE OF ACTION IN
MORTGAGE FORECLOSURE
In the Court of Common Pleas of
Cumberland County, Pennsylvania
Civil Action - Law
No. 05-944 Civil Term
COMMERCE BANK/HARRISBURG, N.A.,
Plaintiff
VS.
KEITH M. GETTY,
Defendant
NOTICE
'0 KEITH M. GETTY:
'au are hereby notified that on FEBRUARY 16, 2005, Plaintiff, COMMERCE
BANK/HARRISBURG NA filed a Complaint in Mortgage Foreclosure endorsed
with a Notice to Defend, against you in the Court of Common Pleas of
CUMBERLAND County, Pennsylvania, docketed to No. 05-944 Civil Term. Wherein
Plaintiff is seeks to foreclose on the mortgage.secured on your property located at
136 North 33rd Street, Camp Hill, Cumberland County, whereupon-your property
would be sold by the Sheriff of CUMBERLAND County.
'OU ARE HEREBY NOTIFIED TO PLEAD TO THE ABOVE REFERENCED
COMPLAINT ON OR BEFORE 20 DAYS FROM THE DATE OF THIS
PUBLICATION OR A JUDGEMENT WILL BE ENTEREb AGAINST YOU.
NOTICE
you wish to defend, you must enter a written appearance personally or by attorney
and file in writing with the court. You are warned that if you fail to do so the case may
proceed without you and a judgement may be entered against you without further
notice for the relief requested by the Plaintiff. You may lose money or property or
other rights importantto you.
'OU SHOULD TAKE THIS PAPER TO YOUR LAWYER ATONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH
INFO'1MATION ABOUT HIRING A LAWYER.
= 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 South Bedford Street
Carlisle, PA 17013
(800) 990-9108
ETER G. GOOD, ESQUIRE
USAN M. ZEAMER, ESQUIRE
ICHARD C. GAFFNEY, ESQUIRE
MIGEL, ANDERSON & SACKS. LLP
ttorneys for Plaintiff
MIGEL, ANDERSON & SACKS, LlP
iver Chase Office Center
431 North Front Street, 3rd Floor
arrisburg, PA 17110-1778
'17)234-2401
Affiant further deposes that he/ she is not
interested in the subject matter of the
aforesaid notice or advertisement, and that
all allegations in the foregoing statement
as to time, place and character of
~are~~
~
Sworn to and subscribed before me this
25th day of May, 2005.
c.-....ft J/()i1 J.(1) Ii'. ~2
Notary P lic
My commission expires:qlt/Of
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Chnstina L. Wolfe. Notal}' Public
Cartisle Bom, CUmberland County
My Commission Expires Sepll, 2008
Member. Pennsyl.....ania Association Of Notaries