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HomeMy WebLinkAbout14-1422Supreme Cou Cou C cu ennsylvania leas County For Prothonotary Use Only: Petition Declaration of Taking s . Docket No: //,2.5 wz The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service ofpleadings or other papers as required by /cm or rules of court. Commencement of Action: Petition Declaration of Taking Complaint 0 Writ of Summons 0 0 Transfer from Another Jurisdiction 0 Lead Plaintiff's Name: Metro Bank, f /k /a Commerce Bank /Harrisburg, N.A. Lead Defendant's Name: William S. Gamber and the USA Dollar Amount Requested: 0 within arbitration limits Are money damages requested? Yes 0 No (check one) outside arbitration limits Is this a Class Action Suit? 0 Yes 112 No Is this an MDJAppeal? 0i Yes l No Name of Plaintiff /Appellant's Attorney: Heather Z. 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CUMBERLAND COUNTY BAR ASSOCIATION 34 S, BEDFORD STREET CARLISLE, PA 17013 TELEPHONE: (717) 249 -3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 692988v1 METTE, EVANS & WOODSIDE Heather Z. Kelly, Esquire Attorney I.D. No. 86291 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 (717) 236-1816 (fax) hzkelly@mette.com Attorneys for Plaintiff METRO BANK, f/k/a Commerce BanldHarrisburg, N.A., Plaintiff v. MATTHEW S. GAMBER and THE UNITED STATES OF AMERICA, Defendants IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO. COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff, METRO BANK, f/k/a Commerce Bank/Harrisburg, N.A., by its attorneys files this Complaint in Mortgage Foreclosure pursuant to Pa.R.C.P. §1141 et seq, and in support thereof avers the following: Parties 1 Plaintiff is a Pennsylvania state chartered bank ("Plaintiff') with an address at 3801 Paxton Street, Harrisburg, PA 17111. 2. Defendant is Matthew S. Gamber, an adult individual with an address of 4166 Nantucket Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17050 ("Gamber"). 3 Defendant the United States of America ("USA") at all times relevant hereto has acted by and through its Department of Treasury — Internal Revenue Service, with a place of business located at Cadillac Place 1st Floor, 3600 W. Grand Boulevard, Detroit, Michigan, 48202-6060, and the Office of the Attorney General, U.S. Department of Justice, 950 Pennsylvania Avenue, NW, Washington, DC 20530-0001. USA is a party to this action pursuant to 28 U.S.C. § 2410. Jurisdiction and Venue 4. This Court has jurisdiction over this matter pursuant to 42 Pa. C.S.A. § 931(a). 5. Venue is proper under 42 Pa. C.S.A. § 931(c) because the subject property is in Cumberland County. Background 6. On June 20, 2003, Defendant executed a Promissory Note in the original principal amount of One Hundred Twenty Thousand Dollars and 00/100 ($120,000.00) in favor of Plaintiff. A true and correct copy of the Promissory Note is attached hereto as Exhibit "A" and referred to as the "Note." 7. On or about July 31, 2013, Plaintiff and Defendant entered into a Forbearance Agreement. A true and correct copy of the Forbearance Agreement is attached hereto as Exhibit "B" and referred to as the "Forbearance Agreement." 8. Payment and performance obligations under the Note and Forbearance Agreement are secured by a lien and security interest created by a Mortgage dated June 20, 2003, executed by Gamber as Grantor in favor of Plaintiff as Lender on real property known as 605 St. John's Road, Camp Hill, Cumberland County, Pennsylvania, 17011 as is more fully described in the mortgage (the "Real Property ") recorded on July 17, 2003 in the Cumberland County Recorder of Deeds Office at Book 1823, Page 2059. A true and correct copy of the Mortgage is attached hereto as Exhibit "C" and referred to as the "Mortgage ". 9. The real property subject to the Mortgage is located at 304 -A St. Johns Road, Camp Hill, Cumberland County, Pennsylvania, 17011, as more particularly described in the Mortgage and referred to as the "Property ". 10. The Note was executed in connection with a commercial transaction and the Property is used for a commercial purpose, and the notice requirements of the Pennsylvania Loan Interest and Protection Law and the Housing Financing Agency Law are not applicable. 11. USA claims some right, title or interest in the Property pursuant to Notices of Federal Tax Liens against property owned by Gamber filed with the Prothonotary of Cumberland County which could potentially act as a lien on the Property by operation of IRC §§ 6321 and 6322. Such liens are in the following amounts and were filed on the following dates: (a) $40,951.74; Entered on March 4, 2011 to No. 2011 -2701 against Confit on Market LLC, a corporation, Matthew Gamber, Member filed by the Internal Revenue Service, Advisory /Technology Services, Room 704, 1000 Liberty Avenue, Pittsburgh, PA 15222 -4004; (b) $3,678.24; Entered on April 29, 2011 to No. 2011 -3988 against Confit on Market, LLC, Matthew Gamber, Member filed by the Internal Revenue Service, Advisory /Technology Services, Room 704, 1000 Liberty Avenue, Pittsburg, PA 15222 -4004; (c) $39,024.79; Entered on October 12, 2011 at No. 2011-7727 against Matthew S. Gamber filed by the Internal Revenue Service, Advisory/Technology Services, Room 704, 1000 Liberty Avenue, Pittsburg, PA 15222-4004; (d) $1,780.00; Entered on October 31, 2011 at No. 2011-8214 against Confit on Market, LLC, Matthew Gamber, Member filed by the Internal Revenue Service Advisory/Technology Services, Room 704, 1000 Liberty Avenue, Pittsburgh, PA 15222-4004 Copies of Notices of these Federal Tax Liens are attached hereto at Exhibit "D" and made a part hereof and referred to as the "Tax Liens". 12. Gamber is the real owner of the Property. 13. The Note, Forbearance Agreement and Mortgage are in default. Gamber has not made any payments on the Loan since October, 2013 and the full amount is due and owing. 14. Notice of such default was provided to Gamber on July 3, 2013 by certified mail and First Class Mail. A true and correct copy of such Notice is attached hereto as Exhibit "E" and made a part hereof and referred to as the "Notice". 15. As of February 26, 2014, the amount of such indebtedness was $92,799.28 which is computed as follows: Principal: $75,717.97 Interest as of 2/26/14: $2,170.54 Late fees as of 2/26/14: $5,103.88 Forbearance Fee: $5,000.00 Other Fees as of 2/26/17: $4,306.89 Attorney's Fee: $500.00 TOTAL: $92,799.28* *Interest accruing at the per diem rate of $8.94, costs and attorneys fees continue to accrue from February 26, 2014. COUNT 1— MORTGAGE FORECLOSURE 16. The above paragraphs are incorporated herein by reference as if fully set forth. 17. Judgment has not been entered on the Mortgage in any jurisdiction. 18. The Note, Forbearance Agreement and Mortgage have not been assigned. 19. Plaintiff is entitled to Judgment in Mortgage Foreclosure. WHEREFORE, Plaintiff respectfully requests that your Honorable Court enter Judgment in Mortgage Foreclosure in its favor and against the Defendants in the amount of $92,799.28, plus continuing interest at the rate of $8.94 per diem after February 26, 2014, attorneys fees and expenses and authorizing the sale of the Property by the Sheriff of Cumberland County on such Judgment in Mortgage Foreclosure. By: Date: March 3, 2014 Respectfully submitted, METTE, EVANS & WOODSIDE Heather Z. Ke Esquire I.D. No. 86291 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Telephone: (717) 232-5000 Attorneys .for Plaintiff VERIFICATION I, David Chajkowski, Vice President, Metro Bank, f/k/a Commerce Bank/Harrisburg, N.A., have read the foregoing Complaint in Mortgage Foreclosure and verify that the facts set forth therein are true and correct according to the best of my knowledge, and that I am authorized to execute this Verification on behalf of the bank. I understand that any false statement made herein is subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. Dated: David Chajkowski, Vice President Metro Bank f/k/a Commerce Bank/Harrisburg, N.A. ts- PROMISSORY NOTE r 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 hem Any item above contain ng " "•" has been omitted due to text length limitations. Borrower: Matthew S. Gamber (SSN: 4166 Nantucket Drive Mechanicsburg, PA 17050 Lender: COMMERCE BANK/HARRISBURG N.A. 100 SENATE AVENUE P.O. BOX 8599 CAMP HILL, PA 17011 (717) 975-5630 1 Principal Amount: $120,000.00 Date of Note: June 20, 2003 PROMISE TO PAY. Matthew S. Gamber ("Borrower) promises to pay to COMMERCE BANK/HARRISBURG N.A. ("Lender'), or order, in lawful money of the United States of America, the principal amount of One Hundred Twenty Thousand & 00/100 Dollars ($120,000.00), together with interest on the unpaid principal balance from June 20, 2003, until paid in full. PAYMENT. Subject to any payment changes resulting from changes in the Index, Borrower will pay this loan in accordance with the following payment schedule: 60 monthly consecutive principal and Interest payments in the initial amount of $919.58 each, beginning July 20, 2003, with interest calculated on the unpaid principal balances at an interest rate of 6.750% per annum; 179 monthly consecutive principal and interest payments In the initial amount of $834.41 each, beginning July 20, 2008, wierest calculated on the unpaid principal balances at an interest rate based on the Prime Rate as published in the Money Rate Section of the Wall Street Joumal. If a range of rates is published, the highest will be used. (currently 4.250%), plus a margin of 1.000 percentage points, resulting in an initial interest rate of 5.250% and one principal and interest payment of $834.29 on June 20, 2023, with interest calculated on the unpaid principal balances at an interest rate based on the Prime Rate as published In the Money Rate Section of the Wall Street Joumal. If a range of rates is published, the highest will be used. (currently 4.250 %), plus a margin of 1.000 percentage points, resulting In an initial interest rate of 5.250%. This estimated final payment is based on the assumption that all payments will be made exactly as scheduled and that the index does not change; the actual final payment will be for all principal and accrued interest not yet paid, together with any other unpaid amounts under this Note. Unless otherwise agreed or required by applicable law, payments will be applied first to any accrued unpaid interest; then to principal; then to any unpaid collection costs; and then to any late charges. The annual interest rate for this Note is computed on a 365/360 basis; that Is, by applying the ratio of the annual interest rate over a year of 360 days, multiplied by the outstanding principal balance, multiplied by the actual number of days the principal balance is outstanding. Borrower will pay Lender at Lender's address shown above or at such other place as Lender may designate in writing. VARIABLE INTEREST RATE. The interest rate on this Note is subject to change from time to time based on changes in an independent index which is 'the Prime Rate as published in the Money Rate Section of the Wall Street Journal. If a range of rates is published, the highest will be used. (the "Index"). The Index is not necessarily the lowest rate charged by Lender on its loans. if the index becomes unavailable during the tern of this loan, Lender may designate a substitute index after notice to Borrower. Lender will tell Borrower the current Index rate upon Borrower's request. The interest rate change will not occur more often than each day. Borrower understands that Lender may make loans based on other rates as well. The Index currently is 4.250% per annum. The interest rate or rates to be applied to the unpaid principal balance of this Note will be the rate or rates set forth herein in the "Payment' section. Notwithstanding any other provision of this Note, after the first payment stream, the interest rate for each subsequent payment stream will be effective as of the last payment date of the just - ending payment stream. NOTICE: Under no circumstances will the interest rate on this Note be more than the maximum rate allowed by applicable law. Whenever increases occur in the interest rate, Lender, at its option, may do one or more of the following: (A) increase Borrower's payments to ensure Borrower's loan will pay off by its original final maturity date, (B) Increase Borrower's payments to cover accruing interest, (C) increase the number of Borrower's payments, and (D) continue Borrower's payments at the same amount and Increase Borrowers final payment PREPAYMENT PENALTY. Borrower agrees that all loan fees and other prepaid finance charges are earned fully as of the date of the loan and will not be subject to refund upon early payment (whether voluntary or as a result of default), except as otherwise required by law. Upon prepayment of this Note, Lender is entitled to the following prepayment penalty: Prepayment of any amount of the principal sum shall be subject to a penalty charge of 3% during the first year of amortization and declining 1% per year thereafter to par. Except for the foregoing, Borrower may pay all or a portion of the amount owed earlier than It is due. Early payments will not, unless agreed to by Lender in writing, relieve Borrower of Borrower's obligation to continue to make payments under the payment schedule. Rather, early payments will reduce the principal balance due and may result in Borrower's making fewer payments. Borrower agrees not to send Lender payments marked 'paid in full ", `without recourse ", or similar language. If Borrower sends such a payment, Lender may accept it without losing any of Lender's rights under this Note, and Borrower will remain obligated to pay any further amount owed to Lender. All written communications concerning disputed amounts, including any check or other payment instrument that indicates that the payment constitutes 'payment in full' of the amount owed or that is tendered with other conditions or limitations or as full satisfaction of a disputed amount must be mailed or delivered to: COMMERCE BANK/HARRISBURG N.A., 100 SENATE AVENUE, P.O. BOX 8599, CAMP HILL, PA 17011. LATE CHARGE. If a payment is 15 days or more late, Borrower will be charged 5.000% of the regularly scheduled payment. • INTEREST AFTER DEFAULT. Upon default, including failure to pay upon final maturity, the total sum due under thls Note will bear interest from the date of acceleration or maturity at the variable interest rate on this Note. The interest rate will not exceed the maximum rate permitted by applicable taw. DEFAULT. Each of the following shall constitute an event of default ("Event of Default') under this Note: Payment Default Borrower fails to make any payment when due under this Note. Other Defaults. Borrower fails to comply with or to perform any other term, obligation, covenant or condition contained in this Note or in any of the related documents or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement between Lender and Borrower. Default in Favor of Third Parties. Borrower or any Grantor defaults under any loan, extension of credit, security agreement, purchase or sales agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of Borrower's property or Borrower's ability to repay this Note or perform Borrower's obligations under this Note or any of the related documents. False Statements. Any warranty, representation or statement made or fumished 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 fumished or becomes false or misleading at any time thereafter. Death or insolvency. The death of Borrower or the dissolution or termination of Borrowers existence as a going business, the insolvency of Borrower, the appointment of a receiver for any part of Borrower's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Borrower. PROMISSORY NOTE '. (Continued) Page 2 Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, sett-help, repossession or any other method, by any creditor of Borrower or by any governmental agency against any collateral securing the loan. This indudes a garnishment of any of Borrower's accounts, including deposit accounts, with Lender. However, this Event of Default shall not apply if there is a good faith dispute by Borrower as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and If Borrower gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute. Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party of any of the indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any guaranty of the indebtedness evidenced by this Note. In the event of a death, Lender, at its option, may, but shall not be required to, permit the guarantor's estate to assume unconditionally the obligations arising under the guaranty in a manner satisfactory to Lender, and, in doing so, cure any Event of Default Adverse Change. A material adverse change occurs in Borrower's financial condition, or Lender believes the prospect of payment or performance of this Note is impaired. Insecurity. Lender in good faith believes itself insecure. Cure Provisions. If any default, other than a default in payment is curable and if Borrower has not been given a notice of a breach of the same provision of this Note within the preceding twelve (12) months, It may be cured (and no event of default will have occurred) if Borrower, after receiving written notice from Lender demanding cure of such default (1) cures the default within fifteen (15) days; or (2) if the cure requires more than fifteen (15) days, immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. LENDER'S RIGHTS. Upon default, Lender may, after giving such notices as required by applicable law, declare the entire unpaid principal balance on this Note and all accrued unpaid interest immediately due, and then Borrower will pay that amount ATTORNEYS' FEES; EXPENSES. Lender may hire or pay someone else to help collect this Note 11 Borrower does not pay. Borrower will pay Lender that amount This includes, subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit, including attorneys' fees, expenses for bankruptcy proceedings (including efforts to 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 law and the laws of the Commonwealth of Pennsylvania. This Note has been accepted by Lender In the Commonwealth of Pennsylvania. RIGHT OF SETOFF. To the extent permitted by applicable law, Lender reserves a right of setoff in all Borrower's accounts with Lender (whether checking, savings, or some otheraccount). This includes all accounts Borrower holds jointly with someone else and all accounts Borrower may open In the future. However, this does not include any IRA or Keogh accounts, or any trust accounts for which setoff would be prohibited by law. Borrower authorizes Lender, to the extent permitted by applicable law, to charge or setoff all sums owing on the indebtedness against any and all such accounts. COLLATERAL Borrower acknowledges this Note is secured by First Mortgage on 304 -A St. Johns Road, Camp Hill, Cumberland County, PA. OPTION TO DECLARE LOAN DUE. Although the repayment of the loan evidenced by this instrument has been designed as if it were to extend for the term established In the "Payment" section, hereinabove outlined, Borrower understands that Lender expressly reserves the right and option, exercisable at its discretion, to declare the entire unpaid principal balance under this Promissory Note together with all interest which shall have accrued thereon to be due and payable on the fifth (5th) anniversary of the date of this Promissory Note and on each succeeding Five(5) year anniversary of that date during the term hereof, hereinafter referred to as 'Loan Call Date ". In the event that Lender desires to exercise its option to declare the Loan due, it shall deliver written notice thereof by regular first class mail to Borrower's last known address 90 days prior to the Loan CaII Date. In the event that Lender desires to exercise its option to declare the Loan due, it shall deliver written notice thereof by hand delivery, nationally recognized overnight courier or regular first class mail to Borrower's last known address at least 90 days prior to the Loan Call Date. Borrower shall, on or before the Loan Call Date immediately following such notice, repay the entire principal balance due under the Promissory Note togeather with all unpaid interest which shall have accrued thereon as well as any other sums which may then be due under the Promissory Note or any other document constituting a part of the within loan transaction. Notice provided by first class mail to Borrower's last know address shall be deemed to have been delivered when deposited in the mail. POST CLOSING COMPUANCE. Borrower agrees to execute, re- execute, cause an Guarantor(s) or other third party(ies) involved in the loan transaction to execute and/or re- execute and to deliver to Lender or its legal counsel, as may be deemed appropriate, any document or instrument signed in connection with the Loan which was Incorrectly drafted and/or signed, as well as any document or instrument which should have been signed at or prior to the dosing 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 of default under the Loan. SUCCESSOR INTERESTS. The terms of'this Note shall be binding upon Borrower, and upon Borrower's heirs, personal representatives, successors and assigns, and shall inure to the benefit of Lender and its successors and assigns. NOTIFY US OF INACCURATE INFORMATION WE REPORT TO CONSUMER REPORTING AGENCIES. Please notify us it we report any inaccurate information about your account(s) to a consumer reporting agency. Your written notice describing the specific inaccuracy(ies) should be sent to us at the following address: COMMERCE BANK/HARRISBURG N.A., 100 SENATE AVENUE, P.O. BOX 8599, CAMP HILL, PA 17011 GENERAL PROVISIONS. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them. Borrower and any other person who signs, guarantees or endorses this Note, to the extent allowed by law, waive presentment. demand for payment, and notice of dishonor. Upon any change in the terms of this Note, and unless otherwise expressly stated in writing, no party who signs this Note, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew or extend (repeatedly and for any length of time) this loan or release any party or guarantor or collateral; or impair, fail to realize upon or perfect Lender's security interest in the collateral; and take any other action deemed necessary by Lender without the consent of or notice to anyone. All such parties also agree that Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modification is made. The obligations under this Note are joint and several. If any portion of this Note is for any reason determined to be unenforceable, it will not affect the enforceability of any other provisions of this Note. CONFESSION OF JUDGMENT. BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR BORROWER AFTER A DEFAULT UNDER THIS NOTE AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST BORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THIS NOTE AND ALL ACCRUED INTEREST, LATE CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO AV'', COLLATERAL SECURING THIS NOTE, TOGETN°, WITH COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OF TiBN PERCENT (10 %) OF • • S UNPAID PRINCIPAL BALANCE AND ACCRUE[. -EREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLL_ .... ($500) ON WHiCH JUDGMENT OR JUDGME,. ,S ONE OR MORE EXECUTIONS MAY ISSUE PROMISSORY NOTE (Continued) Page 3 IMMEDIATELY; AND FOR SO DOING, THIS NOTE OR A COPY OF THIS NOTE VERIFIED BY AFFIDAVIT SHALL 8E SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS NOTE TO CONFESS JUDGMENT AGAINST BORROWER SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS NOTE. BORROWER HEREBY WAIVES ANY RIGHT BORROWER MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO BORROWER'S ATTENTION OR BORROWER HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL PRIOR TO SIGNING THIS NOTE, 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 rr IS INTENDED THAT THIS NOTE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. BORROWER: IiISSITIRWMgeSeal) ew S. Gamier, Individually MSS% MD %minx Val. ULM= Op. Weld Rrored &ham P. W. A I 11 hosnal. - PA NWITMUFRIPMmeftpillSAFC MUM PP DISC LO : JRE FOR CONFESSION OF : JDGMENT References in the shaded area are for Lender's use Any item above containing document to ng° »" t�s tyeen omitted due to text length limitations. Affiant: Matthew S. Gamber (SSN: 4166 Nantucket Drive Mechanicsburg, PA 17050 Lender: COMMERCE BANKMARRISBURG N.A. 100 SENATE AVENUE P.O. BOX 8599 CAMP HILL, PA 17011 (717) 975 -5630 DISCLOSURE FOR CONFESSION OF JUDGMENT 1 AM EXECUTING, THIS N'' , DAY OF TO REPAY THAT AMOUNT. 20 63 , A PROMISSORY NOTE FOR $120,000.00 OBLIGATING ME A. I UNDERSTAND THAT THE NOTE CONTAINS A CONFESSION OF JUDGMENT PROVISION THAT WOULD PERMIT LENDER TO ENTER JUDGMENT AGAINST ME IN COURT, AFTER A DEFAULT ON THE NOTE, WITHOUT ADVANCE NOTICE TO ME AND WITHOUT OFFERING ME AN OPPORTUNITY TO DEFEND AGAINST THE ENTRY OF JUDGMENT. IN EXECUTING THE NOTE, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND TO A HEARING TO CONTEST THE VALIDITY OF ANY JUDGMENT OR OTHER CLAIMS THAT LENDER MAY ASSERT AGAINST ME UNDER THE NOTE, 1 AM KNOWINGLY, INTELLIGENTLY, AND VOLUNTARILY WAMNG THESE RIGHTS, INCLUDING ANY RIGHT TO ADVANCE NOTICE OF THE ENTRY OF JUDGMENT, AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S ENTERING JUDGMENT AGAINST ME BY 0 FESSION AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT PROVISION. INITIALS:: >: sad a B. 1 FURTHER UNDERSTAND THAT IN ADDITION TO GIVING LENDER THE RIGHT TO ENTER JUDGMENT AGAINST ME WITHOUT ADVANCE NOTICE OR A HEARING, THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE ALSO CONTAINS LANGUAGE THAT WOULD PERMIT LENDER, AFTER ENTRY OF JUDGMENT, AGAIN WITHOUT EITHER ADVANCE NOTICE OR A HEARING, TO EXECUTE ON THE JUDGMENT BY FORECLOSING UPON, ATTACHING, LEVYING ON, TAKING POSSESSION OF OR OTHERWISE SEIZING MY PROPERTY, IN FULL OR PARTIAL PAYMENT OF THE JUDGMENT. IN EXECUTING THE NOTE, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND A HEARING AFTER JUDGMENT IS ENTERED AND BEFORE EXECUTION ON THE JUDGMENT, I AM KNOWINGLY, INTELUGENTLY AND VOLUNTARILY WAMNG THESE RIGHTS, AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S IMMEDIATELY EXECUTING ON THE JUDGMENT, IN ANY MANNER PE i M BY APPUCABLE STATE AND FEDERAL LAW, WITHOUT GIVING ME ANY ADVANCE NOTICE. INITIALS: C. AFTER HAVING READ AND DETERMINED WHICH OF THE FOLLOWING STATEMENTS ARE APPUCABLE, AND BY PLACING MY INITIALS NEXT TO EACH STATEMENT WHICH APPLIES, I REPRESENT THAT: INITIALS 1. 1 WAS REPRESENTED BY MY OWN INDEPENDENT LEGAL COUNSEL IN CONNECTION WITH THE NOTE. 2. A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE TO MY ATTENTION. D. 1, CERTIFY THAT MY ANNUAL INCOME EXCEEDS $10,000; THAT THE BLANKS IN THIS DISCLOSURE WERE FILLED IN WHEN 1 INITIALED AND SIGNED IT; AND THAT 1 RECEIVED A COPY AT THE TIME OF SIGNING. THIS DISCLOSURE IS GIVEN UNDER SEAL AND IT 1S INTENDED THAT THIS DISCLOSURE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. AFFIANT: LAMA PAO 1■.0112 VR. 11203X0 Cbpc NnrnE /°rO191Ma .4n Mt 2M2 M RV*. liwwd • PA 1VNNPPAIL 1 13= 7A? P .VI ,i FORBEARANCE AGREEMENT THIS FORBEARANCE AGREEMENT (this "Agreement "), effective as of July 2013 (the "Effective Date"), is made and entered into by and among METRO BANK f/k/a Commerce Bank/Harrisburg N.A., a state chartered bank with offices located at 3801 Paxton Street, Harrisburg, PA 17111 ("Lender ") and MATTHEW S. GAMBER, who resides at 4166 Nantucket Drive, Mechanicsburg, PA 17050 ( "Borrower). Lender and Borrower may be referred to collectively as the "Parties" or individually as a "Party". RECITALS. A. On June 20, 2003, Lender and Borrower entered into a Business Loan Agreement (the "Loan Agreement") pursuant to which Lender made a loan to Borrower in the original principal amount of One Hundred Twenty Thousand Dollars ($120,000.00) (the "Loan "), evidenced by a Promissory Note executed by Borrower in favor of Lender (the "Note") and secured by a Mortgage on Property located at 304-A St. Johns Road, Camp Hill, PA 17111 (the "Property"), which Mortgage was recorded with the Recorder of Deeds for Cumberland County, Pennsylvania on July 17, 2003 at Book 1823, Page 2059 (the ")vortgage "). The Loan Agreement, Note, and Mortgage, together with any and all other documents executed in connection with the Loan are hereinafter referred to as the 'Loan Documents." B. Borrower has defaulted under the Loan Documents for failure to make payment when due (the "Default "). C. Borrower has requested that Lender forbear from exercising Lender's rights and remedies as a result of the Default, including the right to confess judgment against Borrower, to execute thereon, to foreclose on the Property, and to exercise any and all additional legal, equitable and contractual remedies available to Lender (collectively, "Lender's Remedies"). D. As an accommodation to Borrower, Lender has agreed to the foregoing request, subject in all respects, however, to the terms and conditions set forth in this Agreement. TERMS CF AGREEMENT: NOW, THEREFORE, the Parties, in consideration of the covenants and promises contained herein, and intending to be legally bound, agree as follows: 1. Accuracy of Recitals. Borrower expressly acknowledges, stipulates and agrees that the foregoing Recitals are true and accurate and are incorporated herein by reference. 2. Acknowledgement of Liabilities and Remedies: Commitments Terminated. (a) Borrower h reby acknowledges and agrees that he is unconditionally liable to Lender for the full payment of the all amounts due and owing under the Loan Documents, including, but not limited to, all outstanding principal, interest, fees and costs (the "Liabilities "). Borrower further acknowledges and agrees that, as of the Effective Date, he has no defense, counterclaim or set -off with respect to the full and immediate payment and performance of any of the Liabilities. (b) Borrower acknowledges and agrees that (i) an Event of Default has occurred under the Loan Documents (previously referred to as the "Default"); (ii) any notices that might be given and any grace periods or cure periods that must expire prior to Lender exercising any of Lender's Remedies have been given, complied with and expired, or are hereby waived; and (iii) as a consequence, except to the extent that Lender agrees to forbear from exercising its rights and remedies in this Agreement, tender is entitled to immediately exercise.any.and.all.of Lender's. Remedies, • (c) Borrower further acknowledges and agrees that Lender has no commitments, obligations or agreements to make loans or advances or other financial accommodations to Borrower, all such commitments, obligations and agreements, if any, having terminated. 3. Covenants. As an inducement for Lender entering into this Agreement and as a condition to Lender's continued forbearance in accordance with this Agreement, Borrower covenants to do and perform, or cause to be done and performed, on or before the times indicated, the following, as applicable: (a) Monthly Payments. Borrower will make the following payments on or before the dates set forth below: • $370.14 (balance of payment due, March 2013), which payment shall be made on orbefore July 31, 2013; • $488.90 (interest payment due, April 2013), which payment shall be due on or before August 15, 2013; • $497.91 (interest payment due, May 2013), which payment shall be due on or before September 15, 2013; and $488.84 (interest payment due, June 2013), which payment shall be due on or before October 15, 2013. (b) Forbearance Fee. Borrower will pay to Lender a non - refundable fee equal to $5,000 if paid by the Termination Date (as defined below) or $10,000 if there is a New Default (as defined below) or said fee is not paid by the Termination Date (the "Forbearance Fee "). The Forbearance Fee. which shall be fully earned upon payment, is to be paid as consideration for Lender agreeing to forbear from exercising Lender's Remedies, and shall not be applied to the Liabilities. (c) Final Payment. On or before October 31, 2013, Borrower shall make one final payment of all outstanding amounts due under the Note, including, but not limited to principal, interest, late charges, attorneys'.fees and expenses. 2 (d) Payment of Expenses. Without limiting the terms of the Loan Documents, Borrower shall be liable to pay all costs and expenses incurred by or on behalf of Lender (including reasonable attorneys' fees and expenses) arising under or in connection with the Loan Documents and this Agreement, including, without limitation, in connection with (i) the negotiation, preparation and execution of this Agreement and the Loan Documents, and any and all consents, waivers or other documents or instruments relating thereto, (ii) the filing and recording of any document or instrument or further assurance filed or recorded in connection with this Agreement and/or the Loan Documents, (iii) any other action required in the course of administration hereof including, but not limited to, all fees and .expenses. arising••eut•ofanyt audits, .appraisals, and inspections, and (iv). the defense or enforcement of the Loan Documents or this Agreement. Borrower hereby acknowledges and agrees that he will not, now or in the future, challenge such fees, and Borrower knowingly, intelligently and voluntarily waives and releases whatever, if any, right Borrower may have had to challenge, contest or otherwise dispute any aspect of the fees or Borrower's liability therefor. (e) Consent to Entry of Judgment. In the event that Borrower defaults under this Agreement or any of the Loan Documents (except for the Default) Borrower herein consents to the entry of judgment against Borrower (whether by confession, default, or in mortgage foreclosure), and Borrower agrees not to seek to have any such judgment opened, stricken or otherwise invalidated. 4. Forbearance. All rights and remedies of Lender in connection with the Default are hereby reserved, but, except as otherwise specifically provided herein, Lender agrees to forbear from exercising Lender's Remedies from and after the Effective Date until the earlier of any of the following (each a "Termination Event") (such time period from the Effective Date to a Termination Event being referred to in this Agreement as the "Forbearance Period "): (i) October•3 1, 2013 (the "Termination Date"); (ii) such time as Borrower threatens or asserts any claim or commences any action, suit or proceeding against Lender contesting or challenging the validity or enforceability of this Agreement or any provision of this Agreement, the Loan Documents, or the Liabilities, or the validity, perfection, or priority of any lien, encumbrance or security interest granted to Lender; or (iii) a New Default. For purposes of this Agreement, the term "New Default" shall mean any failure of Borrower in the performance of any of the covenants, terms or conditions of, or any breach of any representation or warranty in, or any other default or event of default or similar occurrence under this Agreement, the Loan Documents, including but not limited to, the failure to make timely payments due pursuant to the terms of this Agreement and the failure to timely perform any of the obligations of Borrower under this Agreement, but shall not include the Default. Upon the occurrence of a Termination Event, Lender's agreement hereunder to forbear from exercising Lender's Remedies shall immediately terminate, without the requirement of any presentment, protest, demand or notice of any kind, and without any grace period or opportunity to cure, all of which Borrower hereby waives, and Lender may at any time thereafter proceed to exercise any and all of its rights and remedies, including, without limitation, its rights and remedies in connection with the Default. 3 5. Condition Precedent. Lender's obligation to enter into this Agreement and perform its obligations hereunder is subject to the condition precedent that Lender shall have received, in each case satisfactory to Lender in its sole discretion, this Agreement duly executed where appropriate by Borrower. 6. Enforceability of Liabilities. Ratification, Waiver and Consents. Borrower agrees that (a) the Loan Documents are in full force and effect, and enforceable in accordance with their respective terms; (b) the Loan Documents are hereby ratified and reaffirmed; and (c) Borrower does not have any right of offset, claim or defense to or in connection with the Liabilities, or. the terms of the Loan Documents or. this Agreement,•• all of which•offsets, claims or defenses, if any, are hereby waived. Borrower hereby waives and affirmatively agrees not to challenge or otherwise pursue any and all defenses, affirmative defenses, counterclaims, claims, causes of action, setoffs or other rights that he may have or believe that he may have relating to the Liabilities or the Loan Documents. 7. Additional Covenants. Representations and Warranties. Borrower makes the following covenants, representations and warranties: (a) Authority. The execution, delivery and performance by Borrower of this Agreement will not violate any law or any provision of any agreement binding upon Borrower. Except for the Default, there are no grounds for acceleration of indebtedness under any agreement, note, indenture or any other instrument which is binding upon Borrower. (b) No Misrepresentations. All statements and information provided by Borrower to Lender pursuant to, -or in connection with, this Agreement or the negotiations leading to this Agreement, have been and are true, complete and correct in all material respects, and none of such statements or information contain any omission of any fact or matter necessary tokeep the statements and information therein from being misleading. (c) Indemnity. Borrower agrees to indemnify and hold Lender harmless from and against any and all losses, debts, damages, liabilities, claims, demands, actions, causes of action, laws. penalties, judgments, costs and expenses including, without limitation, attorneys' and other professional fees, of every nature and description, which Lender may sustain or incur, based upon, arising out of or in any way relating to this Agreement and/or the Loan Documents. 8. Release. In consideration of Lender entering into this Agreement, Borrower releases and forever discharges Lender and its successors, assigns, agents, shareholders, directors, officers, employees, attorneys, parent corporations, subsidiary corporations, affiliated corporations, affiliates, and each of them, from any and all claims, debts, liabilities, demands. obligations, costs, expenses, actions and causes of action, of every nature and description, known and unknown, whether or not related to the subject matter of this Agreement, which Borrower now has or at any time may hold, by reason of any matter, cause or thing occurred, done, omitted or suffered to be done prior to the date of this Agreement This release is fully effective as of the Effective Date. Lender is not 4 releasing Borrower from any claims, debts, liabilities, demands, obligations, costs, expenses, actions or causes of action, including, without limitation, the Liabilities. 9. General Provision . (a) Integration; Amendment, Waivers; Ratification. This Agreement and the Loan Documents (including all amendments, exhibits, schedules and other attachments or agreements incorporated by reference or attached thereto) set forth in full all of the terms of the agreement between the Parties and are intended as the full, complete and exclusive .. contact governing .the.relationship between the parties,.superseding.all.otber. discussions, promises, representations, warranties, agreements and the understandings between the parties with respect thereto. Notwithstanding the foregoing, the obligations of Borrower as evidenced by the Loan Documents shall continue in full force and effect, except as amended and restated by this Agreement, all of such obligations being hereby ratified and confirmed by Borrower, and nothing herein contained shall be construed to extinguish, release, or discharge, or constitute, create, or effect a novation of, or an agreement to extinguish, the obligations of Borrower under the Loan Documents, except as amended and restated by this Agreement. No term of this Agreement or the Loan Documents may be modified or amended, nor may any right thereunder be waived, except in a writing signed by the Party against whom enforcement of the modification, amendment or waiver is sought. Any waiver of any condition in, or breach of any of the foregoing in a particular instance shall not operate as a waiver of the other or subsequent conditions or breaches of the same or a different kind. Lender's exercise or failure to exercise any right under any of the foregoing in a particular instance shall not operate as a waiver of its right to exercise the same or different rights in subsequent instances. Except as expressly provided to the contrary in this Agreement, or in another written agreement, all the terms, conditions and provisions of the Loan Documents shall continue in full force and effect and are hereby ratified and confirmed by Borrower. (b) No Third Party Beneficiaries. This Agreement does not create, and shall not be construed as creating, any right enforceable by any person not a party to this Agreement. (0) Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall nevertheless remain in full force and effect. (d) Counterparts. This Agreement may be executed in any number of counterparts, which together shall constitute one and the same agreement and which if delivered by facsimile shall be effective as an original. A photocopy, facsimile, electronic mail or other electronic copy of this Agreement shall be the same as an original. (e) Time of Essence. Time is of the essence with respect to all conditions to be satisfied by Borrowers. 5 (f) Statute of Limitations. Borrower agrees that any and all applicable statute(s) of limitations periods shall be tolled during the Forbearance Period with respect to any action or proceeding based upon or arising out of this Agreement or the Loan Documents. Additionally, with respect to any action, claim or proceeding (each, an "Enforcement Action ") which Lender may commence in the future under or with respect to the Loan Documents or this Agreement, Borrower waives any and all defenses based on any passage of dine. the commencement of any limitations period or the accrual of any Enforcement Action prior to the Effective Date. (g) . Construction; Voluntary Agreement; •Representation.by.Counsel. This Agreement has been prepared through the joint efforts of all the Parties. Neither its provisions nor any alleged ambiguity shall be interpreted or resolved against any Party on the ground that such Party's counsel was the draftsman of this Agreement. Each of the Parties declares that such Party has carefully read this Agreement and each of the agreements, documents and instruments being entered into in connection herewith and that such Party lmows the contents thereof and signs the same freely and voluntarily. The Parties hereto acknowledge that they have been represented in negotiations for and preparation of this Agreement and the agreements, documents and instruments being entered into in connection herewith by legal counsel of their own choosing, or have had the full opportunity to obtain and consult counsel of their own choice, and that each of them has read the same and had their contents fully explained by such counsel, or had the full opportunity to have the contents explained by counsel of their own choice, and is fully aware of their contents and legal effect (h) Governing Law; Forum Selection. This Agreement has been delivered to and accepted by Borrower and will be deemed to be made in the Commonwealth of Pennsylvania. Except as otherwise provided under federal law, this Agreement, and all of the rights and remedies of the parties in relation thereto, will be interpreted in accordance with the laws of the Commonwealth of Pennsylvania excluding their conflict of laws rules. Each party consents to the jurisdiction of any state or federal court in the Commonwealth of Pennsylvania. () Interpretation. The section headings contained in this Agreement are included for convenience only and form no part of the agreement between the parties. Whenever used in this Agreement, unless the context clearly requires otherwise, the masculine shall include the feminine and the singular shall include the plural, and in each case, vice- versa. References in this Agreement to any document, instrument or agreement shall be deemed to include any and all modifications, replacements or restatements thereof. (j) Further Assurances. Borrower agrees to take all further actions and execute all further documents as Lender may from time to time reasonably request to carry out or evidence the transactions contemplated by this Agreement. (k) Payments. No payment required to be made to Lender by Borrower pursuant to this Agreement or the Loan Documents shall be deemed made for the 6 purposes of this Agreement unless indefeasibly paid in full in immediately available funds. (1) Mutual Waiver of Right to Jury Trial. LENDER. AND BORROWER HEREBY WAIVE THE RIGHT TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING BASED UPON, ARISING OUT OF, OR IN ANY WAY RELATING TO: (I) THIS AGREEMENT, THE LOAN DOCUMENTS, OR ANY OF THE AGREEMENTS, INSTRUMENTS OR DOCUMENTS REFERRED TO HEREIN OR THEREIN; OR (II) ANY OTHER PRESENT OR FUTURE INSTRUMENT OR AGREEMENT-BETWEEN- OR AMONG THEM ;•OR••(111)•ANY.CONDUGT,•ACT•OR OMISSION OF LENDER, BORROWER, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, ATTORNEYS OR ANY OTHER PERSON AFFILIATED WITH THEM; IN EACH OF THE FOREGOING CASES, WHETHER SOUNDING N CONTRACT OR TORT OR OTHERWISE. (m) No Other Changes; Confession of Judgment. Except as specifically modified herein, the terms and conditions of the Loan Documents remain in full force and effect, including any warrants to confess judgment contained within the Notc, the Guaranties and any other of the Loan Documents. Without limiting the generality of the foregoing, 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 THE LOAN DOCU1VZNTS AND/OR THIS AGREEMENT, AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST BORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THE NOTE AND ALL ACCRUED INTEREST, LATE CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING ' t.a.: NOTE, TOGETHER WITS COSTS OF SUIT AND EITHER AN ATTORNEY'S COMMISSION OF TEN PERCENT (10 %) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION OR ACTUAL ATTORNEYS FEES EXPENDED BY LENDER, WHICHEVER IS GREATER, AND' MT ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS (S500), ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING, THE LOAN DOCUMENTS AND THIS AGREEMENT (OR COPES THEREOF) VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THE LOAN DOCUMENTS AND THUS AGREEMENT TO CONFESS JUDGMENT AGAINST BORROWER SHALL NOT BE EXHAUSTED' BY ANY EXERCISE OF TEAT AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT ;N FULL OF ALL AMOUNTS DUE UNDER THE LOAN DOCUMENTS AND THIS AGREEMENT. BORROWER HEREBY WAIVES ANY RIGHT BORROWER MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT AND STATE THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS COTIFESSION OF JUDGMENT PROVISION 7 TO BORROWER'S ATTENTION OR BORROWER HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL. [Remainder of page intentionally blank- signature page follows] [SIGNATURE PAGE FOR FORBEARANCE AGREEMENT) IN WITNESS WHEREOF, the parties have duly executed and delivered this Agreement under seal as of the date and year set forth in the first paragraph of this Agreement, intending to be legally bound. BORROWER 7,411/4( Matthew S. Clamber LENDER METRO BANK f/k/a COMMERCE BANK/HARRISBURG N.A. B Y� Name: David M. Chajkowski Title: Vice President 660812v1 (Seal) (Seal) -517 La WHEN RECO DED MAIL TO: COMMERCE B 1/4 "ARRISBURG N.A. 100 SENATE AV UE CAMP HILL, P 17 • L, E F LtND COUNTY-r 03 JUL 17 API 10 2Li Service lst Settlement Agency, LLC 3109 North Front Street Harrisburg, PA 17110 SPACE ABOVE THIS LINE IS FOR RECORDER'S USE ONLY MORTGAGE THIS MORTGAGE dated June 20, 2003, is made and executed between Matthew S. Gamber, whose address is 4166 Nantucket Drive, Mechanicsburg, PA 17050 (referred to below as "Grantor") and COMMERCE BANK/HARRISBURG N.A., whose address is 100 SENATE AVENUE, P.O. BOX 8599, CAMP HILL, PA 17011 (referred to below as "Lender"). GRANT OF MORTGAGE. For valuable consideration, Grantor grants, bargains, sells, conveys, assigns, transfers, releases, confirrns and mortgages to Lender all of Grantor's right, title, and interest in and to the following described real property, together with all existing or subsequently erected or affixed buildings, Improvements and fixtures; all streets, lanes, alleys, passages, and ways; all easements, rights of way, all liberties, privileges, tenements, hereditaments, and appurtenances thereunto belonging or anywise made appurtenant hereafter, and the reversions and remainders with respect thereto; all water, water rights, watercourses and ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real property, including without limitation all minerals, oil, gas, geothermal and 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 herein. The Real Property or its address is commonly known as 304-A St. Johns Road, Camp Hill, PA 17011. Grantor presently assigns to Lender all of Grantor's right, title, and interest in and to all present and future leases of the Property and all Rents from the Property. In addition, Grantor grants to Lender a Uniform Commercial 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 OBLIGATIONS UNDER THE NOTE IN THE ORIGINAL PRINCIPAL AMOUNT OF $120,000.00, THE RELATED DOCUMENTS, AND THIS MORTGAGE. THIS MORTGAGE IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PAYMENT AND PERFORMANCE. Except as otherwise provided in this Mortgage, Grantor shall pay to Lender all amounts secured by this Mortgage as they become due and shall strictly perform all of Grantor's obligations under this Mortgage. POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession and use of the Property shall be govemed by the following provisions: Possession and Use. Until the occurrence of an Event of 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 all 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, treatment, disposal, release or threatened release of any Hazardous Substance on, under, about or from the Property by any prior owners or occupants of the Property, or (c) any actual or threatened litigation or claims of any kind by any person relating to such matters; and (3) Except as previously disclosed to and 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 the Property; and (b) any such activity shall be conducted in compliance with all applicable federal, state, and local laws, regulations and ordinances, including without limitation all Environmental Laws. Grantor authorizes Lender 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 responsibility 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 diligence in investigating the Property for Hazardous Substances. Grantor 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, liabilities, damages, 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 Grantor's ownership or interest in the Property, whether or not the same was or should have been known to Grantor. The provisions of this section of the Mortgage, including the obligation to indemnify, shall survive the payment of the Indebtedness and the satisfaction and reconveyance of the lien of this Mortgage and shall not be affected by Lender's acquisition of any interest in the Property, whether by foreclosure or otherwise. BK1823PG2059 MORTGAGE (Continued) Page 2 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. Without limiting the generality of the foregoing, Grantor will not remove, or grant to any other party the right to remove, any timber, minerals (including oil and 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 without Lender's prior written consent. As a condition to the removal of any Improvements, Lender may require Grantor to make arrangements satisfactory to Lender to replace such Improvements with Improvements of at least equal value. Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all reasonable times to attend to Lender's interests and to inspect the Real Property for purposes of Grantor's compliance with the terms and conditions of this Mortgage. Compliance with Governmental Requirements. Grantor shall promptly comply with all laws, ordinances, and regulations, now or hereafter in effect, of all governmental authorities applicable to the use or occupancy of the Property, including without limitation, the Americans With Disabilities Act. Grantor may contest in good faith any such law, ordinance, or regulation and withhold compliance during any proceeding, including appropriate appeals, so long as Grantor has notified Lender in writing prior to doing so and so long as, in Lender's sole opinion, Lender's interests in the Property are not jeopardized. Lender may require Grantor to post adequate security or a surety bond, reasonably satisfactory to Lender, to protect Lender's interest. Duty to Protect. Grantor agrees neither to abandon or leave unattended the Property. Grantor shall do all other acts, in addition to those acts set forth above in this section, which from the character and use of the Property are reasonably necessary to protect and preserve the Property. DUE ON SALE - CONSENT BY LENDER. Lender may, at Lender's option, declare immediately due and payable all sums secured by this Mortgage upon the sale or transfer, without Lender's prior written consent, of all or any part of the Real Property, or any interest in the Real Property. A "sale or transfer" means the conveyance of Real Property or any right, title or interest in the Real Property; whether legal, beneficial or equitable; whether voluntary or involuntary; whether by outright sale, deed, installment sale contract, land contract, contract for deed, leasehold interest with a term greater than three (3) years, lease- option contract, or by sale, assignment, or transfer of any beneficial interest in or to any land trust holding title to the Real Property, or by any other method of conveyance of an interest in the Real Property. However, this option shall not be exercised by Lender if such exercise is prohibited by federal law or by Pennsylvania law. TAXES AND LIENS. 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 delinquency) all taxes, payroll taxes, special taxes, assessments, water charges and sewer service charges levied against or on account of the Property, and shall pay when due all claims for work done on or for services rendered or material fumished to the Property. Grantor shall maintain the Property free of any liens having priority over or equal to the interest of Lender under this Mortgage, except for the Existing Indebtedness referred to in this Mortgage or those liens specifically agreed to in writing by Lender, and except for the lien of taxes and assessments not due as further specified in the Right to Contest paragraph. Right to Contest. Grantor may withhold payment of any tax, assessment, or claim in connection with a good faith 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 within fifteen (15) days after the lien arises or, if a lien is filed, within fifteen (15) days after Grantor has notice of the filing, secure the discharge of the lien, or if requested by Lender, deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender in an amount sufficient to discharge the lien plus any costs and attorneys' fees, or other charges that could accrue as a result of a foreclosure or sale under the lien. In any contest, Grantor shall defend itself and Lender and shall satisfy any adverse judgment before enforcement against the Property. Grantor shall name Lender as an additional obligee under any surety bond fumished in the contest proceedings. Evidence of Payment. Grantor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and shall authorize the appropriate governmental official to deliver to Lender at any time a written statement of the taxes and assessments against the Property. Notice of Construction. Grantor shall notify Lender at least fifteen (15) days before any work is commenced, any services 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 will upon request of Lender fumish to Lender advance assurances satisfactory to Lender that Grantor can and will pay the cost of such improvements. PROPERTY DAMAGE 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 form 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 will 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, if available, 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 otherwise required by Lender, and to maintain such insurance for the term of the loan. Application of Proceeds. Grantor shall promptly notify Lender of any Toss or damage to the Property. Lender may make proof of loss if Grantor fails to do so within fifteen (15) days of the casualty. Whether or not Lender's security is impaired, Lender may, at Lender's election, receive and retain the proceeds of any insurance and apply the proceeds to the reduction of the Indebtedness, payment of any lien affecting the Property, or the restoration and repair of the Property. 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, pay or reimburse Grantor from the proceeds for the reasonable cost of repair or restoration if Grantor is not in default under this 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 shall 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 principa' balance of the Indebtedness. If Lender holds any proceeds after payment in full of the Indebtedness, such proceeds shall be paid to Grantor as Grantor's interests may appear. B1082 '62660 MORTGAGE (Continued) Page 4 have all of the rights of.a secured party under the Uniform Commercial Code as amended from time to time. Security Interest. Upon request by Lender, Grantor shall execute financing statements and take whatever other action is requested by Lender to perfect and continue Lender's security interest in the Rents and Personal Property. In addition to recording this Mortgage in the real property records, Lender may, at any time and without further authorization from Grantor, file executed counterparts, copies or reproductions of this Mortgage as a financing statement. Grantor shall reimburse Lender for all expenses incurred in perfecting or continuing this security interest. Upon default, Grantor shall not remove, sever or detach the Personal Property from the Property. Upon default, Grantor shall assemble any Personal Property not affixed to the Property in a manner and at a place reasonably convenient to Grantor and Lender and make it available to Lender within three (3) days after receipt of written demand from Lender to the extent permitted by applicable law. Addresses. The mailing addresses of Grantor (debtor) and Lender (secured party) from which information conceming the security interest granted by this Mortgage may be obtained (each as required by the Uniform Commercial Code) are as stated on the first page of this Mortgage. FURTHER ASSURANCES; ADDITIONAL AUTHORIZATIONS. The following provisions relating to further assurances and additional authorizations are a part of this Mortgage: Further Assurances. At any time, and from time to time, upon request of Lender, Grantor will make, execute and deliver, or will cause to be made, executed or delivered, to Lender or to Lender's designee, 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 appropriate, 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, perfect, continue, or preserve (1) Grantor's obligations under the Note, this Mortgage, and the Related Documents, and (2) the liens and security interests created by this Mortgage as first and prior liens on the Property, whether now owned or hereafter acquired by Grantor. Unless prohibited by law or Lender agrees 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 fails to do any of the things referred to in the preceding paragraph, Lender may do so for and in the name of Grantor and at Grantor's expense. For such purposes, Grantor hereby irrevocably authorizes Lender to make, execute, deliver, file, record and do all other things as may be necessary or desirable, in Lender's sole opinion, to accomplish the matters referred to in the preceding paragraph. It is understood that nothing set forth herein shall require Lender to take any such actions. FULL PERFORMANCE. If Grantor pays all the Indebtedness when due, and otherwise performs all the obligations imposed upon Grantor under this Mortgage, Lender shall execute and deliver to Grantor a suitable satisfaction of this Mortgage and suitable statements of termination of any financing statement on file evidencing Lender's security interest in the Rents and the Personal Property. Grantor will pay, if permitted by applicable law, any reasonable termination fee as determined by Lender from time to time. EVENTS OF DEFAULT. Each of the following, at Lender's option, shall constitute an Event of Default under this Mortgage: Payment Default. Grantor fails to make any payment when due under the Indebtedness. Default on Other Payments. Failure of Grantor within the time required by this Mortgage to make any payment for taxes or insurance, or any other payment necessary to prevent filing of or to effect discharge of any lien. Other Defaults. Grantor fails to comply with or to perform any other term, obligation, covenant or condition contained in this Mortgage or in any of the Related Documents or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement between Lender and Grantor. Default in Favor of Third Parties. Should Grantor default under any loan, extension of credit, security agreement, purchase or sales agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of Grantor's property or Grantor's ability to repay the Indebtedness or Grantor's ability to perform Grantor's obligations under this Mortgage or any related document. False Statements. Any warranty, representation or statement made or fumished to Lender by Grantor or on Grantor's behalf under this Mortgage or the Related Documents is false or misleading in any material respect, either now or at the time made or furnished or becomes false or misleading at any time thereafter. Defective Collateralization. This Mortgage or any of the Related Documents ceases to be in full force and effect (including failure of any collateral document to create a valid and perfected security interest or lien) at any time and for any reason. Death or Insolvency. The death of Grantor, the insolvency of Grantor, the appointment of a receiver for any part of Grantor's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Grantor. Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self -help, repossession or any other method, by any creditor of Grantor or by any govemmental agency against any property securing the Indebtedness. This includes a gamishment of any of Grantor's accounts, including deposit accounts, with Lender. However, this Event of Default shall not apply if there is a good faith dispute by Grantor as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Grantor 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. Existing Indebtedness. The payment of any installment of principal or any interest on the Existing Indebtedness is not made within the time required by the promissory note evidencing such indebtedness, or a default occurs under the instrument securing such indebtedness and is not cured during any applicable grace period in such instrument, or any suit or other action is commenced to foreclose any existing lien on the Property. Breach of Other Agreement. Any breach by Grantor under the terms of any other agreement between Grantor and Lender that is not remedied within any grace period provided therein, including without limitation any agreement concerning any indebtedness or other obligation of Grantor to Lender, whether existing now or later. Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party of any of the Indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness. In the event of a death, Lender, at its option, may, but shall not be required to, permit the guarantor's estate to assume unconditionally the obligations arising under the guaranty in a manner satisfactory to Lender, and, in doing so, cure any Event of Default. BK1823PG2062 MORTGAGE (Continued) Page 3 Compliance with Existing Indebtedness. During the period in which any Existing Indebtedness described below is in effect, compliance with 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 with the terms of this Mortgage would constitute a 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 materially affect Lender's interest in the Property or if Grantor fails to comply with any provision of this Mortgage or any Related Documents, including but not limited to Grantor's failure to comply with any obligation to maintain Existing Indebtedness in good standing as required below, or to discharge or pay when due any amounts Grantor is required to discharge or pay under this Mortgage or any Related Documents, Lender on Grantor's behalf may (but shall not be obligated to) take any action that Lender deems appropriate, including but not limited to discharging or paying all taxes, liens, security interests, encumbrances and other claims, at any time levied or placed on the Property and paying all costs for insuring, maintaining and preserving the Property. All such expenditures incurred or paid by Lender for such purposes will then bear interest at the rate charged under the Note from the date incurred or paid by Lender to the date of repayment by Grantor. All such expenses will become a part of the Indebtedness and, at Lender's option, will (A) be payable on demand; (B) be added to the balance of the Note and be apportioned among and be payable with any installment payments to become due during either (1) the term of any applicable insurance policy; or (2) the remaining term of the Note; or (C) be treated as a balloon payment which will be due and payable at the Note's maturity. The Mortgage also will secure payment of these amounts. Such right shall be in addition to all other rights and remedies to which Lender may be entitled upon Default. Grantor's obligation to Lender for all such expenses shall survive the entry of any mortgage foreclosure judgment. WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Mortgage: Title. Grantor warrants that: (a) Grantor holds good and marketable title of record to the Property in fee simple, free and clear of all liens and encumbrances other than those set forth in the Real 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 connection with 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 paragraph above, Grantor warrants and will forever defend the title to the Property against the lawful claims of all persons. In the event any action or proceeding is commenced that questions Grantor's title or the interest of Lender under this Mortgage, Grantor shall defend the action at Grantor's expense. Grantor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of Lender's own choice, and Grantor will deliver, or cause to be delivered, to Lender such 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 complies with all existing applicable laws, ordinances, and regulations of governmental authorities. Survival of Representations and Warranties. All representations, warranties, and agreements made by Grantor in this Mortgage shall survive the execution.and delivery of this Mortgage, shall be continuing in nature, and shall remain in full force and effect until such time as Grantor's Indebtednessshall be paid in full. EXISTING INDEBTEDNESS. The following provisions concerning Existing Indebtedness are a part of this Mortgage: Existing Lien; The lien of this Mortgage securing the Indebtedness may be secondary and inferior to an existing lien. Grantor expressly covenants and agrees to pay, or see to the payment of, the Existing Indebtedness and to prevent any default on such indebtedness, any default under the instruments evidencing such indebtedness, or any default under any security documents for such indebtedness. No Modification. Grantor shall not enter into any agreement with the holder of any mortgage or other security agreement which has priority over this Mortgage by which that agreement is modified, amended, extended, or renewed without the prior written consent of Lender. Grantor shall neither request nor accept any future advances under any such security agreement without the prior written consent of Lender. CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Mortgage: Proceedings. If any proceeding in condemnation is filed, Grantor shall promptly notify Lender in writing, and Grantor shall promptly take such steps as may be necessary to defend the action and obtain the award. Grantor may be the nominal party in such proceeding, but Lender shall be entitled 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 of Net Proceeds. If all or any part of the Property is condemned by eminent domain proceedings or by any 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 shall mean the award after payment of all actual costs, expenses, and attomeys' fees incurred by Lender in connection with the condemnation. IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to govemmental 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 perfect 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, perfecting 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 specific tax on Grantor which Grantor is authorized or required to deduct from payments on the Indebtedness secured by this type of Mortgage; (3) a tax on this type of Mortgage chargeable against the Lender or the holder of the Note; and (4) a specific tax on all or any portion of the Indebtedness or on payments of principal and interest made by Grantor. 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 as an Event of Default, and Lender may exercise any or all of its available remedies for an Event of Default as provided below unless Grantor either (1) pays the tax before it becomes delinquent, or (2) contests the tax as provided above in the Taxes and Liens 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 constitute a Security Agreement to the extent any of the Property constitutes fixtures, and Lender shall �..i823PG2061 ~ MORTGAGE (Continued) !(� Page 5 Adverse Change. A Material adverse change occu in Grantor's financial of payment or performance of the Indebtedness is impaired. Insecurity. Lender in good faith beUeves itself insecure. Right to Cure. If such a failure is curable and if Grantor has not been given a notice of a breach of the same provision of this Mortgage within the preceding twelve (12) months, it may be cured (and no Event of Default will have occurred) if Grantor, after Lender sends written notice demanding cure of such failure: (a) cures the failure within fifteen (15) days; or (b) if the cure requires more than fifteen (15) days, immediately initiates steps sufficient to cure the failure and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of an Event of Default and at any time thereafter, Lender, at Lendors option, may exercise any one or more of ihe following rights and remedies, in addition to any other rights or remedies provided by law: Accelerate Indebtedness. 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. UCC Remedies. With respect to all or any part of the Personal Property, Lender shall have all the rights and remedies of a secured party under the Uniform Commercial Code. Collect Rents. Lender hall h the right, without notice to Granto to tak io of th Property and with or without muing possession of the Property, to collect the Rents, including amounts past due and unpaid, and apply the net proceeds, over and above Lenders costs, against the Indebtedness. In furtherance of this right, Lender may require any tenant or other user of the Property to make payments of rent or use fees directly to Lender. If the Rents are collected by Lender, then Grantor irrevocably authorizes Lender to endorse instruments received in payment thereof in the name of Grantor and to negotiate the same and collect the proceeds. Payments by tenants or other users to Lender in response to Lender's demand shall satisfy the obligations for which the payments are made, whether or not any proper 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 hall h the right to h iv inted to take possession of all or any part ufm Property, with the power to protect and preserve the Property, to operate the Property preceding foreclosure or sale, 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 perrnitted by law. Lender's right to the appointment of a receiver shall exist whether or not the apparent value of the Property 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 foreclosing 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 riz and empowers any attorney 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 appear for and confess judgMent against Grantor, and against all 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 a copy of this Mortgage verified by affidavit, shall be a sufficient warrant; 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. Deficiency Judgment. Lender may obtain a judgment fo, any deficiency remaining in the Indebtedness due to Lender after application of all amounts received from the exercise of the rights provided in this section. Tenancy at Sufferance. If Grantor remains in possession of the Property after the Property is sold as provided above or Lender otherwise becomes entitled to possession of the Property upon defauit of Grantor, Grantor shall become a tenant at sufferance of Lender or the purchaser of the Property and shall, at Lender's option, either (1) pay a reasonable rental for the use of the Property, or (2) vacate the Property immediately upon tho demand of Lender. Other Remedies. Lender shall have alt other rights and remedies provided in this Mortgage or the Note er available at law or in equity. Sale of the Property. To the extent permitted by applicable law, and all right to have the Property marshalled. In exercising its rights and rommuioo, u*nugy shall bo free to sell all or any part o the Property together o,separately, in one sale or by separate sales. Lender shati be entitled to bid at any public sate on alt or any portion of the Property. Notice of Sale. Lender shatl give Grantor reasonabte notice of the time and place of any pubtic sale of the Personal P of th time after which any private sale or other intended disposition of the Personal Property is to be made. Unless otherwise required by applicable /mw, reasonable notice shall mean notice given at least ten (10) days before the time of the sale or disposition. Any sale of the Personal Property may be made in conjunction with any salo of the Reat Property. Election of Remedies. Election Lender shall not exclude pursuit cd any other remedy, and an election to make expenditures or to take action to perform an obligation of Grantor under this Mvrtgagaofte,Granmrofaimmx,parfonnuhal|mmoUect Lender's right to declare 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 available to Lender following an Event of Default, or in any way to limit or restrict the rights and ability of Lender to proceed directly against Grantor and/or against any other co-maker, guarantor, surety or endorser and/or to proceed against any other collateral directly or indirectly securing the Indebtedness. Attorneys' Fees Expenses. tf Lender institutes any it or action to enforce any of the terms of this Mortgage, Lender shalt be ontitted to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and upon any appeal. Whether or not any court action is involved, and to the extent not prohibited by law, all reasonable expenses Lender incurs that in Lender's opinion are necessary at any time for the protection of its interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph include, without limitation, however subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit, including attomeys' fees and expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgMent collection services, the cost of searching records, obtaining title reports (including foreclosure reports), surveyors' reports, and appraisal fees and title insurance, to the extent permitted by applicable law. Grantor also will pay any court costs, in addition to all other sums provided by law. NOTICES. Unless otherwise provided by applicabte taw, any notice required to be given under this Mortgage shall be given in writing, and shall be �� � �� ^� � �� � �� � '] O�v���|����� u MORTGAGE effective when actually delivered, when actually received by telefacsimile (unless otherwise required by law), when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States mail, as first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Mortgage. All copies of notices of foreclosure from the holder of any lien which has priority over this Mortgage shall be sent to Lender's address, as shown near the beginning of this Mortgage. Any party may change its address for notices under this Mortgage by giving formal written notice to the other parties, specifying that the purpose of the notice is to change the party's address. For notice purposes, Grantor agrees to keep Lender informed at all times of Grantor's current address. Unless otherwise provided by applicable law, if 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 miscellaneou provisions are a part of this Mortgage: Amendments. This Mortgage, with any Related Documents, constitutes the entire understandin d agreement ofmo parties as to the matters set forth in this Mortgage. No alteration of or amendment to this Mortgage shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. Annual R ms. If th Property is used for purposes other than Grantor's residence, Grantor shall fumish to Lender, upon request, a certified statemerit af net operating income received from m the P nydurinQGnamornpreviovnnuoa| year in such form and detail as Lender shali require. 'Net operating income" shall mean all cash receipts from the Property less all cash expenditures made in connection with the operation of tho Property. Caption Headings. Caption headings in this Mortgage are for convenience purposes only and are not to be used to interpret or define the provisions of this Mortgage. Governing Law. This Mortgage will be govemed by, construed and enforced in accordance with federal law and the laws of the Commonwealth 01 Pennsylvania. This Mortgage has been accepted by Lender in the Commonwealth of Pennsylvania. No Waiver by Lender. Lender shafl not be deemed to have waived any rights u d this M rtga unless h waive is iv in riti and signed by Lend No delay i i the part o Lender in exercising any right shall operate as a waiver of such right o any other ri m A waiver by Lender of a provision of this Mortgage shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that provision or any other provision of this Mortgage. No prior waiver by Lender, nor any course of dealing between Lender and Grantor, 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 shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender. Severability. If a court of competent jurisdiction finds any provision of this Mortgage to be illegal, invalid, unenforceable as to any circumstance, that finding shall not make the offending provision illegal, invalid, or unenforceable as to any other circumstance. If feasible, the offending provision shall be considered modified so that it becomes legal, valid and enforceable. If the offending provision cannot be so modified, it shall be considered deleted from this Mortgage. Unless otherwise required by law, the illegality, invalidity, or unenforceability of any provision of this Mortgage shall not affect the legality, validity or enforceability of any other provision of this Mortgage. Merger. There shall be no me r of the interest or estate created by this Mo wuoamynmerimemutnrustateinmePmpunyauanytime held by or for the benefit of Lender in any capactty, without the written consent of Lender. Successor Interests. The terms of this Mortgage shall be binding upon Qmmu,, and upon Grantor's heim, personal repeoontaUvem, successors, and assigns, and shall be enforceabte by Lender and its successors and asslgns. Time is of the Essence. Time is of the essence iri the perforrnance of this Mortgage. DEFINMONS. The following capitalized words and terms shall have the following meanings when used in this Mortgage. Unless m lly stated to the all references dollar shall mean amounts in lawful money of the United States of America. Words and terms used in tho singular shall include the plvod, and the plural shall include the singular, as the context may require. Words and terms not otherwise defined in this Mortgage shall have the meanings attributed to such terms in the Uniform Commercial Code: Borrower. The word "Borrower" means Matthew S. Gamber and includes all co-signers and co-makers signing the Note. Defautt. The word 'Default' means the Default set forth in this Mortgage in the section titled ^oefaux^. Environmental uows The rds "Environmental Laws" mean any and al| state, federal and local statute |au d ordinances relating to the protection of human health or the environment, including without limitation the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, et seq. ("CERCLA"), the Superfund Amendments and Reauthorization Act of 1986, Pub. L. No. 99-499 ("SARK), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq., the Resource Conservation and Recovery Act, 42 U.S,C. Section 6901, et seq., or other applicable state or federal laws, rules, or regulations adopted pursuant thereto. Event of Default. The words "Event of Default" mean any of the events of default set forth in this Mortgage in the events of default section of thts Mortgage. Existing Indebtedness. The words "Existing Indebtedness" mean the indebtedness described in the Existing Liens provision of this Mortgage. Grantor. The word 'Grantor° means Matthew S. Gamber. Guaranty. The word "Guaranty" means the guaranty from guarantor, e"dmoo,, uumty, or accommodation party to Lender, including without timitation a guaranty of alt or part of the Note. Hazardous Substances. The words 'Hazardous Substances' mean matorials that, because of their quantity, concentration or physical, chemical or infectious hmmonodno a present o ial hazard to human hoalth or the environment when improperly used, treated, moruu, disposed of, generated, manuhmtured, transported or otherwise handled. The words ''Hazardous Substances" are used in their very broadest sense and include without limitation any and all hazardous or toxic aub,uunoeo, materials or waste as defined listed under the Environmental Laws. Thnoann "Hazardous Substances" also mc|vdao, without limitation, petroleum and petroleum by-products or any fraction thereof and asbestos. Improvements. The word "Improvements" means all existing and future onpmvaments, uuodings, otruxmwo, mobile homes afflxed on the Real pmpeny, hmi|itieo, additions, replacements and other construction on the Real Property. Indebtedness. The word Indebtedness" means all phnuipa|, imamot, and other amounts, costs and expenses payable under the Note or Related Documents, mxmome,�u» all renewals of, extensions cx, modifications ox, consolidations af and substitutions for the Note or Related Documents and any amounts expended or advanced by Lender to discharge Grantor's obligations or expenses incurred by Lender to enforce Grantor's �� 0��M D��0��= D@�.°~- MORTGAGE (Continued) Page 7 obligations under this Mortgage, together with interest on such amounts as provided in this Mortgage. Lender. The word "Lender" means COMMERCE BANK/HARRISBURG N.A., its successors and assigns. Mortgage. The word "Mortgage" means this Mortgage between Grantor and Lender. Note. The word "Note" means the promissory note dated June 20, 2003, in the original principal amount of $120,000.00 from Grantor to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for the promissory note or agreement. NOTICE TO GRANTOR: THE NOTE CONTAINS A VARIABLE INTEREST RATE. Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal property now or hereafter owned by Grantor, and now or hereafter attached or affixed to the Real Property; together with all accessions, parts, and additions to, all replacements of, and all 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 of the Property. Property. The word "Property" means collectively the Real Property and the Personal Property. Real Property. The words "Real Property" mean the real property, interests and rights, as further described in this Mortgage. Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments, 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. GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MORTGAGE, AND GRANTOR AGREES TO ITS TERMS. THIS MORTGAGE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS MORTGAGE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. GRANTOR: af#hew S. Gamber, Individually (Seal) CERTIFICATE OF RESIDENCE I hereby certify, that the precise address of the mortgagee, COMMERCE BANK/HARRISBURG N.A., herein is as follows: 100 SENATE AVENUE, P.O. BOX 8599, CAMP HILL, PA 17011 r Attomey or Agent for Mortgagee COMMONWEALTH OF PENNSYLVANIA COUNTY OF INDIVIDUAL ACKNOWLEDGMENT ) SS On this, the Z day of � �"' , 20 -J , before me 4 C _ � e� �c� the undersigned Notary Public, personally appeared Matthew S. Gamber, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he or she executed the same for the purposes therein contained. In witness whereof, I hereunto set my hand and official seal. Notarial Seal Eric C. Levengood, Notary Public Susquehanna Twp., Dauphin County My Commission Expires Oct. 11, 2004 Member, Pennsylvania Association of Notaries Notary Public in and for the State of LASER PRO Lending, Ver. 6.220.003 Copy. Harland Rnencial Solutions, Inc. 1997, 2003. All Rights Reserved - PA H: \WINAPPSILPWINCFALPL \G03.FC TR -7320 PR -19 BK1823PG2065 ALL THAT CERTAIN tract or parcel of ground situate in the Township of Lower Allen, County of Cumberland, and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the Easterly right -of -way line of St. John's Church Road, Pennsylvania Legislative Route No. 21079, 188.35 feet from the intersection of Pennsylvania Route No. 750 at the Southerly line of property now or formerly of Tremarco Corporation; thence, along the same, North 48 degrees 53 minutes 30 seconds East, 88.44 feet to a point at line of land now or formerly of Joseph A. Wagner; thence, along the same, North 78 degrees 20 minutes East, 51.86 feet to a point; thence, along the line of lands now or formerly of Rodney N. Tolbert, South 11 degrees 40 minutes East, 68.48 feet to a point; thence continuing along said land, South 41 degrees 6 minutes 30 seconds West, 100 feet to a point in the Easterly right -of -way line of St. John's Church Road; thence, along the said right -of -way line, North 41 degrees 6 minutes 30 seconds West, 100 feet to a point and place of BEGINNING. HAVING thereon erected a one story office building. BEING a part of Tract No. 2 of Summit Corporation property made by D.P. Raffensperger, Registered Surveyor, dated April 19, 1956, amended May 31, 1956. NOTWITHSTANDING the Lower Alien Township Zoning classification governing the herein mentioned tract, this property is specifically restricted against commercial use except for professional offices. Being County Parcel No. 13 -23- 0553 -004. I Certify this to be recorded In Cumberland County PA BK 1 V23PS2066 Recorder of Dee (P A200 3425. P F D/PA2 003425/ 10 ) II 11111111111111 11 1 I 1 11111 11111 /1111 11 1111 111 I 1 Form 668 (Y IRev. February 20041 04) 11883 Department of the Treasury - Internal Revenue Service Notice of Federal Tax Lien Area: SMALL BUSINESS /SELF EMPLOYED AREA #2 Lien Unit Phone: (800) 913 -6050 Serial Number 758406311 For Optional Use by Recording Office FILED-OFFICE . t THE Pf--?0THC..!-!i.)-1). .• ,.,■1..‘ .1 20 1 I HAR -11 Ati II: 13 1. 4. '3UM3ERLAND COUNI': PENNSYLVII.HiA Q -.._. NI N 21 k --■ \ As provided by section 6321, 6322, and 6323 of the Internal Revenue Code, we are giving a notice that taxes (including interest and penalties) have been assessed against the following -named taxpayer. We have made a demand for payment of this liability, but it remains unpaid. Therefore, there is a lien in favor of the United States on all property and rights to property belonging to this taxpayer for the amount of these taxes, and additional penalties, interest, and costs that may accrue. Name of Taxpayer CONFIT ON MARKET LLC, a Corporation MATTHEW GAMBER MBR Residence 2138 MARKET ST CAMP HILL, PA 17011 -4799 IMPORTANT RELEASE INFORMATION: For each assessment listed below, unless notice of the lien is refiled by the date given in column (e), this notice shall, on the day following such date, operate as a certificate of release as defined in IRC 6325(a). Tax Period Date of Last Day for Unpaid Balance Kind of Tax Ending identifying Number Assessment Refiling of Assessment (a) (b) (c) (d) (e) (f) 941 09/30/2009 77- 0696835 01/11/2010 02/10/2020 6860.93 941 12/31/2009 77- 0696835 04/12/2010 05/12/2020 10841.43 941 06/30/2010 77- 0696835 10/11/2010 11/10/2020 13171.98 941 09/30/2010 77- 0696835 01/03/2011 02/02/2021 10077.40 Place of Filing Prothonotary Cumberland County Total $ 40951.74 Carlisle, PA 17013 This notice was prepared and signed at DETROIT, MI on this, the 23rd day of February 2011 Signature for MIGNA RODRIGUEZ Title REVENUE OFFICER (717) 777 -9622 22 -06 -1408 (NOTE: Certificate of officer authorized by law to take acknowledgment is not essential to the validity of Notice of Federal Tax lien Rev. Rul. 71 -466, 1971 - 2 C.B. 409) Form 668(Y)(c) (Rev. 2 -2004) Part 1 - Kept By Recording Office CAT, NO 60025X Form 668 (Y)(`) (Rev. February 2004) 11883 Department of the Treasury - Internal Revenue Service Notice of Federal Tax Lien Area: SMALL BUSINESS /SELF EMPLOYED AREA #2 Lien Unit Phone: (800) 913 -6050 Serial Number 779355111 For Optional Use by Recording Office FILED-OFFICE CF THE PROTHONOTARY 2011 APR 29 AM II:.20 NI 1■ p-: l■ CUMBERLAND COUNPIA PENNSYLVANIA "C ti vo \ pi c.s. tv) ''■ ■ -7.--, As provided by section 6321, 6322, and 6323 of the Internal Revenue Code, we are giving a notice that taxes (including interest and penalties) have been assessed against the following -named taxpayer. We have made a demand for payment of this liability, but it remains unpaid. Therefore, there is a lien in favor of the United States on all property and rights to property belonging to this taxpayer for the amount of these taxes, and additional penalties, interest, and costs that may accrue. Name of Taxpayer CONFIT ON MARKET LLC MATTHEW GAMBER MBR Residence 2138 MARKET STREET CAMP HILL, PA 17011 -4799 IMPORTANT RELEASE INFORMATION: For each assessment listed below, unless notice of the lien is refiled by the date given in column (e), this notice shall, on the day following such date, operate as a certificate of release as defined in IRC 6325(a). Kind of Tax (a) Tax Period Ending (b) Identifying Number (c) Date of Assessment (d) Last D far Refs ng (e) Unpaid Balance of Assessment (f) 940 941 12/31/2010 12/31/2010 77- 0696835 77- 0696835 04/04/2011 04/04/2011 05/04/2021 05/04/2021 211.16 3467.08 Place of Filing Prothonotary Cumberland County Total Carlisle, PA 17013 $ 3678.24 This notice was prepared and signed at DETROIT, MI , on this, the 22nd day of April 2011 Signature for MIGNA RODRIGUEZ Title REVENUE OFFICER (717) 777 -9622 22 -06 -1408 (NOTE: Certificate of officer authorized by law to take acknowledgment is not essential to the validity of Notice of Federal Tax lien Rev. Rut. 71 -466, 1971 - 2 C.B. 409) Part 1 - Kept By Recording Office Form 668(Y)(c) (Rev. 2 -2004) CAT. NO 60025X Form 668 (Y)(c) iRev. February 2004) 11883 Department of the Treasury - Internal Revenue Service Notice of Federal Tax Lien Area: SMALL BUSINESS /SELF EMPLOYED AREA #2 Lien Unit Phone: (800) 913 -6050 Serial Number 818424911 For Optional Use by Recording Office FILED-OF ['ICE C;.: -IKE PROTHON0-11: 201I OCT I 2 Ati 8: V )1. . I-" CUMBERLAND COW41 r1 PENNSYLVANIA - •-' rN ra , ---. - As provided by section 6321, 6322, and 6323 of the Internal Revenue Code, we are giving a notice that taxes (including interest and penalties) have been assessed against the following -named taxpayer. We have made a demand for payment of this liability, but it remains unpaid. Therefore, there is a lien in favor of the United States on all property and rights to property belonging to this taxpayer for the amount of these taxes, and additional penalties, interest, and costs that may accrue. Name of Taxpayer MATTHEW S GAMBER Residence 1511 PENN STREET HARRISBURG, PA 17102 -2514 IMPORTANT RELEASE INFORMATION: For each assessment listed below, unless notice of the lien is refiled by the date given in column fel, this notice shall, on the day following such date, operate as a certificate of release as defined in IRC 6325(a). Tax Period Date of Last Day for Unpaid Balance Kind of Tax Ending Identifying Number Assessment Refiling of Assessment (a) (b) (c) (d) (e) (f) 1040 12/31/2009 XXX -XX -2151 09/12/2011 10/12/2021 15314.09 6672 09/30/2009 XXX -XX -2151 07/26/2011 08/25/2021 2059.86 6672 12/31/2009 XXX -XX -2151 07/26/2011 08/25/2021 6204.42 6672 06/30/2010 XXX -XX -2151 07/26/2011 08/25/2021 7177.89 6672 09/30/2010 XXX -XX -2151 07/26/2011 08/25/2021 6091.59 6672 12/31/2010 XXX -XX -2151 07/26/2011 08/25/2021 2176.94 Place of Filing Prothonotary Cumberland County Total $ 39024.79 Carlisle, PA 17013 This notice was prepared and signed at DETROIT, MI on this, the 03rd day of October 2011 Signature for MIGNA RODRIGUEZ Title REVENUE OFFICER (717) 777 -9622 22 -06 -1408 (NOTE: Certificate of officer authorized by law to take acknowledgment is not essential to the validity of Notice of Federal Tax lien Rev. Rul. 71 -466, 1971 - 2 C.B. 409) Form 668(10(c) (Rev. 2 -20041 Part I -Kept By Recording Office CAT. NO 60025X Form 668 (Y)(c) (Rev. February 20041 8 Department of the Treasury - Internal Revenue Service Notice of Federal Tax Lien Area: SMALL BUSINESS /SELF EMPLOYED AREA #2 Lien Unit Phone: (800) 913 -6050 Serial Number 822877411 For Optional Use by Recording Office As provided by section 6321, 6322, and 6323 of the Internal Revenue Code, we are giving a notice that taxes (including interest and penalties) have been assessed against the following -named taxpayer. We have made a demand for payment of this liability, but it remains unpaid. Therefore, there is a lien in favor of the United States on all property and rights to property belonging to this taxpayer for the amount of these taxes, and additional penalties, interest, and costs that may accrue. Name of Taxpayer CONFIT ON MARKET LLC MATTHEW GAMBER MBR Residence 2138 MARKET STREET CAMP HILL, PA 17011 -4799 IMPORTANT RELEASE INFORMATION: For each assessment listed below, unless notice of the lien is refiled by the date given in column (e), this notice shall, on the day following such date, operate as a certificate of release as defined in IRC 6325(a). Kind of Tax (a) 065 Tax Period Ending (b) dentifying Number (c) Date of Assessment (d) /9 . st Day for Refiling (e) Unpaid Balance of Assessment (f) 12/31/2009 77- 0696835 08/15/2011 09/14/2021 1780.00 Place of Filing Prothonotary Cumberland County Carlisle, PA 17013 Total $ 1780.00 This notice was prepared and signed at DETROIT, MI , on this, the 21st day of October 2011 Signature Title cc` REVENUE OFFICER for MIGNA RODRIGUEZ (717) 77779622 22 -06 -1408 (NOTE: Certificate of officer authorized by law to take acknowledgment is not essential to the validity of Notice of Federal Tax lien Rev. Rul. 71 -466, 1971 - 2 C.B. 409) Part 1 - Kept By Recording Office Form 668( CAT , N N ev. 2 -20 CAT, 60025X m METRO BANK 3801 Paxton Street . 888.937.0004 Harrisburg, PA 17111 mymetrobank.com July 3, 2013 WA REGULAR AND CERTW ED MAIL, RETURN RECEIPT REQUESTED Matthew S. Gamber '304 -A St. Johns Rd. Camp Hill, PA 17011 Re: Indebtedness of Matthew S. Gamber (the "Borrower") to Metro Bank, formerly Commerce BanklHarrisburg N.A. (the `Bank "). Dear Mr. Gamber; Responsibility for the loan arrangements between the Bank and the Borrower has been transferred. All communications from the Borrower to the Bank are to be addressed to Man J. Burleson, Commercial Asset Recovery Specialist, P 0 Box 4999, Harrisburg PA 17111, until further written notice from the Bank Reference is made to the Promissory Note of the Borrower in the original principal amount of $120,099.57, dated June 20, 2003 and payable to the order of Metro Bank, formerly Commerce Bank/Harrisburg N.A ( "Term Note "). The Borrower is in default under the Term Note in that the Borrower has failed to, among other things, make payments when due (the "Term Note Default "). This letter constitutes formal notice to the Borrower of the occurrence of the Term Note Default. As a result of the Borrower's default, the Bank has elected to exercise its option to declare the entire unpaid principal balance of the Term Note, all accrued and unpaid interest, and all other collection costs to be immediately due and payable. As of July 2, 2013, there is unpaid, due and owing to the Bank under the Term Note the amount of $78,776.53. Demand is hereby made for the immediate payment in full of all amounts which are due and which may become due under the Term Note. The balance due under the Tenn Note may increase or decrease as a result of the receipt of payments and the proceeds of collateral securing the Term Note and the accrual of interest, late charges, costs of collection and other fees, costs and expenses. Therefore, immediately prior to remitting payment, please contact Alan J. Burleson at (717) 412 -6217 to obtain final payoff amounts and remittance instructions. Nothing contained in this letter constitutes a waiver or release of any of the terms or provisions of the Term Note, or of any and all other notes, instruments or agreements between the Bank and the Borrower (the "Loan Documents "). The Bank reserves all rights and remedies available to it under the Loan Documents and applicable law, all of which are expressly hereby reserved. ' • t A No discussions between the Bank and the Borrower concerning this notification, other loan relationships between the Bank and the Borrower, or any other matter shall imply an agreement on the part of the Bank to waive any of its rights and remedies or to forbear from taking any action authorized by the Loan Documents or applicable law, whether or not such discussions may be continuing. Any communications with any representative of the Bank, whether oral or written, will be mere discussions only and will not in any way commit or be binding upon the Bank unless reduced to a writing signed by an authorized officer of the Bank. Such communications will not represent any course of dealing, and in no manner shall you rely in any way on any such discussions unless such communications are reduced to a writing signed by an authorized officer of the Bank. No account statements, on -line account inquires or other communications from the Bank indicating that any less than the full amount of the outstanding balances are due under the Loan Documents shall be binding upon Bank nor shall any such communication alter or modify Borrower's obligation to make payment in full. The acceptance of any partial payment of any of the obligations of the Borrower to the Bank shall not be deemed a waiver or limitation of any of the Bank's rights reserved herein as to the full amount of any unpaid balance. Any delay or forbearance by the Bank in the enforcement or pursuit of any of its rights and remedies under the Loan Documents or applicable law shall not constitute a waiver thereof, nor shall it be a bar to the exercise of the Bank's rights or remedies at a later date. Should you have any questions, please do not hesitate to contact me. Sincerely, METRO BANK Alan J. Burleson Commercial Asset Recovery Specialist METTE, EVANS & WOODSIDE Heather Z. Kelly, Esquire Sup. Ct. ID No. 86291 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 (717) 236-1816 (fax) hzkelly@mette.com Attorneys for Plaintiff METRO BANK, f/k/a Commerce Bank/Harrisburg, N.A., Plaintiff v. MATTHEW S. GAMBER and THE UNITED STATES OF AMERICA, Defendants 2: J u/`O/e0lt F PL AIMS Y A l,�rd T : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO. 14-1422 PRAECIPE TO REINSTATE COMPLAINT Kindly reinstate the Complaint in the above -captioned action pursuant to Rule 401(b)(1) of the Pennsylvania Rules of Civil Procedure. Respectfully submitted, METTE, EVANS & WOODSIDE By: Date: May 5, 2014 714777vI /-. KAP Heather Z. Key, Esqui e Sup. Ct. I.D. No. 86291 Attorneys for Plaintiff ate+ II .�Q11 3ossa3 CERTIFICATE OF SERVICE I certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage, prepaid, as follows: Matthew S. Gamber 105 N. 17th Street Camp Hill, PA 17011 Peter Smith, United States Attorney United States Attorney's Office Federal Building & U.S. Courthouse 228 Walnut Street, Ste. 220 Harrisburg, PA 17108 By: Date: May 5, 2014 METTE, EVANS & WOODSIDE Heather Z. Kelly, Esquire' I.D. No. 86291 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Telephone: (717) 232-5000 Attorneys for Plaintiff Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY U," THE F-'RO HONG TAR ;. ?011E9ny23 OHO: E6 CUMBERLAND COUNTY PENNSYLVANIA OFFICE OFTHF., $kE,RIF- Metro Bank f/k/a Commerce Bank/Harrisburg, N.A. vs. Matthew Gamber (et al.) Case Number 2014-1422 SHERIFF'S RETURN OF SERVICE 03/10/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Peter Smith, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Dauphin, Pennsylvania to serve the within Complaint in Mortgage Foreclosure according to law. 03/10/2014 Ronny R Anderson, Sheriff, who being duly sworn according to law, states that he served the within Complaint in Mortgage Foreclosure upon the within named defendant, Office of Attorney General, in the following manner: On March 10, 2014 the Sheriff mailed by certified mail, return receipt requested a true and correct copy of the within Complaint in Mortgage Foreclosure to the defendant's last known address of United States Department of Justice, 950 Pennsylvania Avenue, NW, Washington, DC 20530. The certified mail return receipt card was never received by the Cumberland County Sheriffs Office. As of May 5, 2014 the USPS website has no delivery information but states that as of March 14, 2014 the Complaint was still in transit. 03/12/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: William S Gamber, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint in Mortgage Foreclosure as "Not Found" at 304 A N. Street Johns Road, Lower Allen, Camp Hill, PA 17011. Per current resident they have resided at this address for four years. 03/14/2014 10:35 AM - The requested Complaint in Mortgage Foreclosure served by the Sheriff of Dauphin County upon Naomi Losch, who accepted for Peter Smith, at US Attorney's Office, 228 Walnut Street, Suite 220, Harrisburg, PA 17108. Jack Lotwick, Sheriff, Return of Service attached to and made part of the within record. 03/14/2014 06:39 PM - Deputy Jason Kinsler, being duly sworn according to law, served the requested Complaint in Mortgage Foreclosure by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Matthew Gamber at 105 N. 17th Street, Camp Hill Borough, Camp Hill, PA 17011. JASON INS R, DEPUTY 05/07/2014 Ronny R Anderson, Sheriff, who being duly sworn according to law, states that he served the within Complaint in Mortgage Foreclosure upon the within named defendant, Office of Attorney General, in the following manner: On May 07, 2014 the Sheriff mailed by certified mail, return receipt requested a true and correct copy of the within Complaint in Mortgage Foreclosure to the defendant's last known address of United States Department of Justice, 950 Pennsylvania Avenue, NW, Washington, DC 20530. The certified mail return receipt card was received by the Cumberland County Sheriffs Office signed by Office of Attorney General on May 12, 2014. SHERIFF COST: $113.27 SO ANSWERS, May 14, 2014 to) CountySuite Sheriff, Toleosoft. Inc. RONR ANDERSON, SHERIFF Mktit Shelley Ruhl Real Estate Deputy Matthew L. Owens Solicitor Commonwealth of Pennsylvania County of Dauphin of tit *Sherri': Dauphin County 101 Market Street Harrisburg, Pennsylvania 17101-2079 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Jack Duignan Chief Deputy Michael W. Rinehart Assistant Chief Deputy METRO BANK, F/K/A COMMERCE • BANK/HARRISBURG, N.A. VS PETER SMITH Sheriff's Return No. 2014-T-0808 OTHER COUNTY NO. 2014-1422 And now: MARCH 14, 2014 at 10:35:00 AM served the within COMPLAINT IN MORTGAGE FORECLOSURE upon PETER SMITH by personally handing to NAOMI LOSCH * 1 true attested copy of the original COMPLAINT IN MORTGAGE FORECLOSURE and making known to him/her the contents thereof at C/O US ATTORNEY'S OFFICE, FEDERAL BLDG, 228 WALNUT STREET, SUITE 220 HARRISBURG PA 17108 * LEGAL ASSISTANT Sworn and subscribed to before me this 18TH day of March, 2014 COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Karen M. Hoffman, Notary Public City of Harrisburg, Dauphin County My Commission Expires January 8, 2018 So Answers, AC)//f/C-__ Sheriff of Dauphin County, Pa. By7 agi2A44. Deputy Sheriff Deputy: M SWEIGART Sheriffs Costs: $41.25 3/13/2014 SENDER: COMPLETE THIS SECTION ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Office of Attorney General United States Department of Justice 950 Pennsylvania Avenue, NW Washington, DC 20530 AII COMPLETE THIS SECTION ON DELIVERY A. Signature X B. Received by (Printed Name) D. Is delivery address differen ite If YES, enter delivery addres elo, ❑ Agent ❑ Addressee C. Date of Delivery ❑ Yes ❑ No MAY 22014 3. Service Type ❑ Certified Mail° ❑ Registered ❑ Insured Mall ❑ Priority Mail Express' ❑ Return Receipt for Merchandise ❑ Collect on Delivery 4, Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number (Transfer from service labeO. 7013 3020 0001 3665 4496 PS Form 3811, July 2013 Domestic Return Receipt METTE, EVANS & WOODSIDE Heather Z. Kelly, Esquire Sup. Ct. ID No. 86291 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 (717) 236-1816 (fax) hzkelly@mette.com Attorneys for Plaintiff METRO BANK, f/k/a Commerce Bank/Harrisburg, N.A., Plaintiff V. MATTHEW S. GAMBER and THE UNITED STATES OF AMERICA, Defendants i7/ Lr --9/1;n17CE: L'141° 'LL C 7 00 1711: rp F., LAND us' S yLvC047-, A NiA : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO. 14-1422 PRAECIPE TO ENTER DEFAULT JUDGMENT TO THE PROTHONOTARY: Please enter judgment by default in the above -captioned matter, in favor of the Plaintiff, Metro Bank, f/k/a Commerce Bank/Harrisburg, N.A. and against the Defendants Matthew S. Gamber and The United States of America for failure to plead to Plaintiff's Complaint in Mortgage Foreclosure in accordance with Rule 1037(b) of the Pennsylvania Rules of Civil Procedure and assess Plaintiff damages in the amount of $92,799.28 calculated as follows: Principal: $75,717.97 Interest as of 2/26/14: $2,170.54 Late fees as of 2/26/14: $5,103.88 Forbearance Fee: $5,000.00 Other Fees as of 2/26/17: $4,306.89 Attorney's Fee: $500.00 TOTAL: $92,799.28* *Interest accruing at the per diem rate of $8.94, costs and attorneys fees continue to accrue from February 26, 2014. I hereby certify that the Notices of Default attached hereto collectively as Exhibit "A" were forwarded to Defendants Matthew S. Gamber on May 16, 2014, The United States of America, c/o Peter Smith, United States Attorney on May 16, 2014 and to The United States of America, c/o Office of Attorney General, U.S. Department of Justice, on July 14, 2014 in accordance with Rule 237.1 of the Pennsylvania Rules of Civil Procedure. Respectfully submitted, METTE, EVANS & WOODSIDE By: Date: July 28, 2014 XLV Heather Z. Kelly, Esquire Sup. Ct. ID No. 86291 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 Attorneys for Plaintiff Exhibit Pk HOWELL C. METTE ROBERT MOORE CHARLES B. ZWALLY PETER J. RESSLER JAMES A. ULSH JEFFREY A. ERNICO MARY ALICE BUSBY KATHRYN L. SIMPSON THOMAS F. SMIDA PAULA J. LEICHT TIMOTHY A. HOY THOMAS A. ARCHER* HENRY W. VAN ECK MARK D. HIPP RONALD L. FINCK HEATHER Z. KELLY Matthew S. Gamber 105 North 17th Street Camp Hill, PA 17011 METTE, EVANS & WOODSIDE A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 3401 NORTH FRONT STREET P.O. BOX 5950 HARRISBURG, PA 17110-0950 IRS NO. 23-1985005 TELEPHONE FACSIMILE (717) 232-5000 (717) 236-1816 TOLL FREE: 1-800-962-5097 HTTP://W W W.METTE.COM May 16, 2014 MARK S. SILVER BERNADETTE BARATTINI RANDALL G. HURST** MELANIE L. VANDERAU AARON T. DOMOTO BRIAN J. HINKLE KEVIN J. HAYES Re: Metro Bank, f/k/a Commerce Bank/Harrisburg, N.A. v. Matthew S. Gamber and the United States of America Cumberland County C. C. P.; No. 14-1422 Dear Mr. Gamber, JAMES W. EVANS 1926-2008 * NEW JERSEY BAR ** MARYLAND BAR Certificate of Mailing Enclosed you will find an Important Notice in the above -referenced matter. Please respond accordingly. UNITED STATES POSTAL SERVICE Sincerely, Heather Z. Kelly, Esquire Certificate 0 Mailini This Certificate of Mailing provides evidence that mail has been presented to USPS® for mailing This form may be used for domestic and International mail. :From:Heather Z. Kelly, Esquire METTE, EVANS & WOODSIDE 3401 North Front Street, 2nd F p�)0 l Harrisburg, PA 17110-0950 To: Matthew S. Gamber �J/ �A S4�lrtvn 1,71 .�ro`1, 105 North 17th Street Camp Hill, PA 17011 PC i nrm 11117 Anril 2(107 PSN 7530-02-000-9065 633-1573 633-1573 METTE, EVANS & WOODSIDE Heather Z. Kelly, Esquire Sup. Ct. ID No. 86291 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 (717) 236-1816 (fax) hzkelly@mette.com Attorneys for Plaintiff METRO BANK, f/k/a Commerce Bank/Harrisburg, N.A., Plaintiff v. MATTHEW S. CAMBER and THE UNITED STATES OF AMERICA, Defendants TO: Matthew S. Gamber 105 North 17th Street Camp Hill, PA 17011 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO. 14-1422 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. 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 PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 34 S. BEDFORD STREET CARLISLE, PA 17013 TELEPHONE: (717) 249-316 By: Date: May 16, 2014 719389y1 Respectfully submitted: METTE, EVANS & WOODSIDE Heather Z. Kelly; Esquire Sup. Court I.D. No. 8629.1 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 - Phone Attorneys for Plaintiff HOWELL C. METTE ROBERT MOORE CHARLES B. ZWALLY PETER J. RESSLER JAMES A. ULSH JEFFREY A. ERNICO MARY ALICE BUSBY KATHRYN L. SIMPSON THOMAS F. SMIDA PAULA J. LEICHT TIMOTHY A. HOY THOMAS A. ARCHER* HENRY W. VAN ECK MARK D. HIPP RONALD L FINCK HEATHER Z. KELLY METTE, EVANS & WOODSIDE A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 3401 NORTH FRONT STREET P.O. BOX 5950 HARRISBURG, PA 17110-0950 IRS NO. 23-1985005 TELEPHONE FACSIMILE (717) 232-5000 (717) 236-1816 TOLL FREE: 1-800-962-5097 HTTP://W W W.METTE.COM May 16, 2014 Peter Smith, United States Attorney United States Attorney's Office Federal Building & U.S. Courthouse 228 Walnut Street, Ste. 220 Harrisburg, PA 17108 MARK S. SILVER BERNADETTE BARATTINI RANDALL G. HURST* * MELANIE L. VANDERAU AARON T. DOMOTO BRIAN J. HINKLE KEVIN J. HAYES Re: Metro Bank, f/k/a Commerce Bank/Harrisburg, N.A. v. Matthew S. Gamber and the United States of America Cumberland County C. C. P.; No. 14-1422 Dear United States Attorney Smith: JAMES W. EVANS 1926-2008 * NEW JERSEY BAR ** MARYLAND BAR Certificate of Mailing Enclosed you will find an Important Notice in the above -referenced matter. Please respond accordingly. Sincerely, UNITED STATES Certificate 01 Cia POST/IL SERVICE Mailing This Certificate of Mailing provides evidence that mail has been presented to Yhis form may be used for domestic and international mail. From: Heather Z. Kelly, To: USPS for mfg? ail n .+ } IleO V Esquire !?h/ ; METTE, EVANS & WOODSIDE 3401 North Front Street, 2nd Harrisburg, PA 17110-0950 Peter Smith, United States Attorney ULiited States Atto iLey's Office Federal Building & US Courthouse 228 Walnut Street, Suite 220 re 633-1573 CUMBERLAND COUNTY BAR ASSOCIATION 34 S. BEDFORD STREET CARLISLE, PA 17013 TELEPHONE: (717) 249-316 By: Date: May 16, 2014 719395y1 Respectfully submitted: METTE, EVANS & WOODSIDE Sup. Court I.D. No. 86291 3401 North Front Street P. Q. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 - Phone Attorneys for Plaintiff HOWELL C. MLJ rE ROBERT MOORE CHARLES B. ZWALLY PETER J. RESSLER JAMES A. ULSH JEFFREY A. ERNICO MARY ALICE BUSBY KATHRYN L. SIMPSON THOMAS F. SMIDA PAULA J. LEICHT TIMOTHY A. HOY THOMAS A. ARCHER* HENRY W. VAN ECK MARK D. HIPP RONALD L.FINCK HEATHER Z. KELLY TELEPHONE (717) 232-5000 METTE, EVANS & WOODSIDE A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 3401 NORTH FRONT STREET P.O. BOX 5950 HARRISBURG, PA 17110-0950 IRS NO. 23-1985005 Office of Attorney General United States Department of Justice 950 Pennsylvania Avenue, NW Washington, DC 20530 FACSIMILE (717) 236-1816 TOLL FREE: 1-800-962.5097 HTTP://W W W.METTE.COM July 14, 2014 MARK S. SILVER BERNADETTE BARATTINI RANDALL G. HURST** MELANIE L. VANDERAU AARON T. DOMOTO BRIAN J. HINKLE KEVIN A HAYES Re: Metro Bank, f/k/a Commerce Bank/Harrisburg, N.A. v. Matthew S. Gamber and the United States of America Cumberland County C. C. P.; No. 14-1422 Dear Sir/Madam: JAMES W. EVANS 1926-2008 * NEW JERSEY BAR ** MARYLAND BAR Certificate of Mailing Enclosed you will find an Important Notice in the above -referenced matter. Please respond accordingly. Sincerely, Heather Z. Kelly, Esquire P--" UNITED STATES Certificate Of POSTAL SERVICE, Mailing This Certificate of Mailing provides evidence that mail has been presented to USPS® for mailing. This form may be used for domestic and international mail. From: Heather Z. Kelly, Esquire METTE, EVANS & WOODSIDE 3401 North Front Street, 2nd Fl. ps Harrisburg, PA 17110/6 0' Office of Attorney geriferaly United States Dept. ‘*Jus 950 Pennsylvania Ave,' Washington, DC 20530 nnn ortR 633-1573 METTE, EVANS & WOODSIDE Heather Z. Kelly, Esquire Sup. Ct. ID No. 86291 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 (717) 236-1816 (fax) hzkelly@mette.com Attorneys for Plaintiff METRO BANK, f/k/a Commerce Bank/Harrisburg, N.A., Plaintiff v. MATTHEW S. GAMBER and THE UNITED STATES OF AMERICA, Defendants TO: Office of Attorney General United States Department of Justice 950 Pennsylvania Avenue, NW Washington, DC 20530 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO. 14-1422 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. 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 PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 34 S. BEDFORD STREET CARLISLE, PA 17013 TELEPHONE: (717) 249-316 By: Date: July 14, 2014 727971v1 Respectfully submitted: METTE, EVANS & WOODSIDE Heather Z. Kelly, vEsquire Sup. Court I.D. No. 86291 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 - Phone Attorneys for Plaintiff METTE, EVANS & WOODSIDE Heather Z. Kelly, Esquire Sup. Ct. ID No. 86291 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 (717) 236-1816 (fax) hzkelly@mette.com Attorneys for Plaintiff METRO BANK, f/k/a Commerce Bank/Harrisburg, N.A., Plaintiff v. MATTHEW S. GAMBER and THE UNITED STATES OF AMERICA, Defendants are: : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO. 14-1422 CERTIFICATE OF RESIDENCE I hereby certify that the names and addresses of the proper persons to receive this notice Matthew S. Gamber 105 North 17th Street Camp Hill, PA 17011 Peter Smith, United States Attorney United States Attorney's Office Federal Building & U.S. Courthouse 228 Walnut Street, Ste. 220 Harrisburg, PA 17108 Office of Attorney General United States Department of Justice 950 Pennsylvania Avenue, NW Washington, DC 20530 By: Date: July 28, 2014 Respectfully submitted, METTE, EVANS & WOODSIDE Heather Z. Kell; Esquire Sup. Ct. ID No. 86291 3401 N. Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 Attorneys for Plaintiff METTE, EVANS & WOODSIDE Heather Z. Kelly, Esquire Sup. Ct. ID No. 86291 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 (717) 236-1816 (fax) hzkelly@mette.com Attorneys for Plaintiff METRO BANK, f/k/a Commerce Bank/Harrisburg, N.A., Plaintiff v. MATTHEW S. GAMBER and THE UNITED STATES OF AMERICA, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO. 14-1422 AFFIDAVIT OF NON-MILITARY SERVICE I, Heather Z. Kelly, Esquire, being duly sworn according to law, depose and state that to the best of my knowledge, information and belief, the Defendants Matthew S. Gamber and The United States of America are not in the military or naval service of the United States or its allies, or otherwise within the provisions of the Servicemembers Civil Relief Act of 2003, 50 U.S.C. App. §501, et seq. Date: July 28, 2014 729666v1 Respectfully submitted, METTE, EVANS & WOODSIDE By: Heather Z. Kelly, scp.4tff Sup. Ct. ID No. 86291 3401 N. Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 Attorneys for Plaintiff METRO BANK, f/k/a Commerce Bank/Harrisburg, N.A., Plaintiff V. MATTHEW S. GAMBER and THE UNITED STATES OF AMERICA, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO. 14-1422 ENTRY OF JUDGMENT You are hereby notified pursuant to Rule 236 of the Pennsylvania Rules of Civil Procedure that Judgment has been entered against you in the amount of $92,799.28 for Plaintiff, Metro Bank, f/k/a Commerce Bank/Harrisburg, N.A. and against Defendants Matthew S. Gamber and The United States of America together with interest, attorneys fees, costs and expenses from the date of judgment until paid in full. Date: 1( METRO BANK, f/k/a Commerce Bank/Harrisburg, N.A., Plaintiff V. MATTHEW S. GAMBER and THE UNITED STATES OF AMERICA, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO. 14-1422 NOTICE OF ENTRY OF JUDGMENT TO: Matthew S. Gamber 105 North 17th Street Camp Hill, PA 17011 You are hereby notified that on014, Judgment was entered against you in the above -captioned case. Date: ())1 Prothonotary METRO BANK, f/k/a Commerce Bank/Harrisburg, N.A., Plaintiff V. MATTHEW S. GAMBER and THE UNITED STATES OF AMERICA, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO. 14-1422 NOTICE OF ENTRY OF JUDGMENT TO: Office of Attorney General United States Department of Justice 950 Pennsylvania Avenue, NW Washington, DC 20530 You are hereby notified that on you in the above -captioned case. Date: 2014, Judgment was entered against METRO BANK, f/k/a Commerce Bank/Harrisburg, N.A., Plaintiff v. MATTHEW S. GAMBER and THE UNITED STATES OF AMERICA, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO. 14-1422 NOTICE OF ENTRY OF JUDGMENT TO: Peter Smith, United States Attorney United States Attorney's Office Federal Building & U.S. Courthouse 228 Walnut Street, Ste. 220 Harrisburg, PA 17108 You are hereby notified that on Jy , 2014, Judgment was entered against you in the above -captioned case. Date: —71`_` Prothonotary Heather Z. Kelly, Esquire METTE, EVANS & WOODSIDE Sup. Ct. ID No. 86291 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 (717) 236-1816 (fax) hzkelly@mette.com Attorneys for Plaintiff METRO BANK, f/k/a Commerce Bank/Harrisburg, N.A. Plaintiff V. MATTHEW S. GAMBER and THE UNITED STATES OF AMERICA, Defendants L'F THE PROTHONOTAc 2014 SEP —5 Ail 8:15 CUMBERLAND COUNTY PENNSYLVANIA etc,1—.5?) f ‘4. g 163:75V5 3l6630 c 13 4-1 1‘ 51) " 01)3 3 7 f°4- s- (a -A- 6-6. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO. 14-1422 PRAECIPE FOR WRIT OF EXECUTION (Mortgage Foreclosure) To the Prothonotary: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs, upon the following described property of the defendant: (1) 304-A St. Johns Road, Camp Hill, Lower Allen Township, Cumberland County, Pennsylvania, 17011. Tax Parcel No. 13-23-0553-004. Issue writ of execution in the above matter: Amount Due (Judgment Amount) $92,799.28 Interest from (7/30/2014 date of judgment) through 12/3/2014 date of sale at the per diem rate of $15.25): $1,464.00 (Costs to be added) $ METTE, EVANS & WOODSIDE Heather Z. Kelly, Esquire Sup. Ct. I.D. No. 86291 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 (717) 236-1816 (fax) Attorneys for Plaintiff Date: September 4, 2014 EXHIBIT "A" LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of ground situate in the Township of Lower Allen, County of Cumberland, and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the Easterly right-of-way line of St. John's Church Road, Pennsylvania Legislative Route No. 21079, 188.35 feet from the intersection of Pennsylvania Route No. 750 at the Southerly line of property now or formerly of Tremarco Corporation; thence, along the same, North 48 degrees 53 minutes 30 seconds East, 88.44 feet to a point at line of land now or formerly of Joseph A. Wagner; thence, along the same, North 78 degrees 20 minutes East, 51.86 feet to a point; thence, along the line of lands now or formerly of Rodney N. Tolbert, South 11 degrees 40 minutes East, 68.48 feet to a point; thence continuing along said land, South 41 degrees 6 minutes 30 seconds West, 100 feet to a point in the Easterly right-of-way line of St. John's Church Road; thence, along the said right-of-way line, North 41 degrees 6 minutes 30 seconds West, 100 feet to a point and place of BEGINNING. HAVING thereon erected a one story office building. BEING a part of Tract No. 2 of Summit Corporation property made by D.P. Raffensperger, Registered Surveyor, dated April 19, 1956, amended May 31, 1956. NOTWITHSTANDING the Lower Allen Township Zoning classification governing the herein mentioned tract, this property is specifically restricted against commercial use except for professional offices. Being County Parcel No. 13-23-0553-004. Heather Z. Kelly, Esquire METTE, EVANS & WOODSIDE Sup. Ct. ID No. 86291 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 (717) 236-1816 (fax) hzkelly@mette.com Attorneys for Plaintiff METRO BANK, f/k/a Commerce Bank/Harrisburg, N.A. Plaintiff v. MATTHEW S. GAMBER and THE UNITED STATES OF AMERICA, Defendants f I HE PROTHONC IAR ZO.1RSEP -5 MI 8: 15 CUMBERLAND COUNTY PENNSYLVANIA : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO. 14-1422 AFFIDAVIT PURSUANT TO RULE 3129.1 Metro Bank sets forth as of the date the Praecipe for Issuance of the Writ of Execution was filed the following information concerning the real property located at 304-A St. Johns Road, Camp Hill, Lower Allen Township, Cumberland County, Pennsylvania 17011 (Parcel No. 13-23-0553-004), as more particularly described on Exhibit "A" attached hereto: 1. Name and address of owner or reputed owner(s): Matthew S. Gamber 105 North 17th Street Camp Hill, PA 17011 2. Name and address of the Defendant(s) in the judgment: Matthew S. Gamber 105 North 17th Street Camp Hill, PA 17011 3. The name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: (a) Metro Bank 3801 Paxton Street Harrisburg, PA 17111 (No. 14-1422) 4. The name and address of the last recorded holder of every mortgage of record: (a) Metro Bank 3801 Paxton Street Harrisburg, PA 17111 (b) PNC Bank, National Association 249 Fifth Avenue One PNC Plaza Pittsburgh, PA 15222 5. The name and address of every other person who has any recorded lien on the property: (a) US Treasury Department 1000 Liberty Avenue Pittsburgh Office Room 808 Pittsburgh, PA 15222 (b) Curtze C A Co Inc. 1717 East 12th Street Erie, PA 16512 6. The name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: (a) Cumberland County Tax Claim Bureau 1 Courthouse Square Old Courthouse, Room 106 Carlisle, PA 17013 7. The name and address of every other person of whom the plaintiff has any knowledge who has any interest in the property which may be affected by the sale: (a) Cumberland County Domestic Relations 13 North Hanover Street Carlisle, PA 17013 (b) PA Department of Welfare Bureau of Child Support Enforcement 1303 North 7th Street Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Heather Z. Kell Esquire Attorney for Plaintiff Dated: September 4, 2014 METRO BANK, f/k/a Commerce Bank/Harrisburg, N.A. Plaintiff v. MATTHEW S. GAMBER and THE UNITED STATES OF AMERICA, Defendants -ED-OFFICE' HE PROTHONO.L= i; 2014 St.P -5 AM 8: 16 CUMBERLAND COUNTY PENNSYLVANIA : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO. 14-1422 NOTICE OF SHERIFF'S SALE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE RULE 3129.2 TAKE NOTICE: That the Sheriff's Sale of Real Property (real estate) will be held: DATE: WEDNESDAY, DECEMBER 3, 2014 TIME: 10:00 a.m. Eastern Time LOCATION: Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 THE PROPERTY TO BE SOLD, is delineated in detail in legal descriptions mainly consisting of a statement of the measured boundaries of the property. (SEE METES AND BOUNDS DESCRIPTION ATTACHED HERETO AT EXHIBIT "A") This property has been improved by buildings and certain other improvements. THE LOCATION of the property to be sold is: 304-A St. Johns Road, Camp Hill, Lower Allen Township, Cumberland County, Pennsylvania 17011 (Parcel No. 13-23-0553-004) THE JUDGMENT under or pursuant to which the properties are being sold is docketed to: IS: No. 14-1422 THE NAME OF THE OWNER OR REPUTED OWNER OF THIS PROPERTY Matthew S. Gamber A SCHEDULE OF DISTRIBUTION, being a list of persons, and/or governmental or corporation entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages or municipalities that are owed taxes) will be filed on a date specified by the Sheriff not later than thirty (30) days after the sale and distribution of the proceeds of sale in accordance with the Schedule that will be made unless exceptions are filed thereto within ten (10) days after the filing of the Schedule. Information about the Schedule of Distribution may be obtained from the Sheriff of Cumberland County, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a Judgment against you. It may cause your property to be held, to be sold or to be taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Cumberland County Lawyer Referral Service 32 South Bedford Street Carlisle, PA 17013 1-800-990-9108 — (717)-249-3166 The legal rights you may have are: 1. You may file a petition with the Court of Common Pleas of Cumberland County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure against you. 2. After the Sheriffs Sale you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriffs Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County. THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suite100 • Carlisle, PA • 17013 (717) 240-6195 www.ccpa.net METRO BANK , f/k/a Commerce Bank/Harrisburg, N.A. Vs. NO 14-1422 Civil Term CIVIL ACTION — LAW MATTHEW S. GAMBER and THE UNITED STATES OF AMERICA WRIT OF EXECUTION TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above matter you are directed to levy upon and sell the following described property: (1) See legal description. (2) (Specifically describe personal property when judgment results from a mortgage covering both personal and real property pursuant to Section 9604(a)of the Uniform Commercial Code) NOTE: Description of property must be attached to the writ. Amount Due: $92,799.28 L.L.: $.50 Interest FROM (7/30/2014 DATE OF JUDGMENT) THROUGH 12/3/2014 DATE OF SALE AT THE PER DIEM RATE OF $15.25): $1,464.00 Atty's Comm: Atty Paid: $273.77 Plaintiff Paid: Date: 09/05/14 Due Prothy: $2.25 Other Costs: (Seal) By: Deputy REQUESTING PARTY: Name: Heather Z. Kelly, Esq. Address: METTE, EVANS & WOODSIDE, 3401 North Front Street, P.O. Box 5950, Harrisburg, PA 17110-0950 Attorney for: Plaintiff Telephone: 717-232-5000 Supreme Court ID No. 86291 IS: No. 14-1422 THE NAME OF THE OWNER OR REPUTED OWNER OF THIS PROPERTY Matthew S. Gamber A SCHEDULE OF DISTRIBUTION, being a list of persons, and/or governmental or corporation entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages or municipalities that are owed taxes) will be filed on a date specified by the Sheriff not later than thirty (30) days after the sale and distribution of the proceeds of sale in accordance with the Schedule that will be made unless exceptions are filed thereto within ten (10) days after the filing of the Schedule. Information about the Schedule of Distribution may be obtained from the Sheriff of Cumberland County, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a Judgment against you. It may cause your property to be held, to be sold or to be taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Cumberland County Lawyer Referral Service 32 South Bedford Street Carlisle, PA 17013 1-800-990-9108 — (717)-249-3166 The legal rights you may have are: 1. You may file a petition with the Court of Common Pleas of Cumberland County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure against you. 2. After the Sheriff's Sale you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriff's Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County. The petition must be served on the attorney for the creditor or on the creditor before representation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, 1 Courthouse Square, Carlisle, PA, before the presentation of the petition to the Court. 4. A copy of the Writ of Execution is attached hereto at Exhibit "B ". SHERIFF OF CUMBERLAND COUNTY Heather Z. Kelly, Esquire METTE, EVANS & WOODSIDE Sup. Ct. ID No. 86291 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 (717) 236-1816 (fax) hzkelly@mette.com Attorneys for Plaintiff METRO BANK, f/k/a Commerce Bank/Harrisburg, N.A. Plaintiff V. MATTHEW S. GAMBER and THE UNITED STATES OF AMERICA, Defendants 1'7 _ED -OFFICE HE PRO THONO R"i 2014 SEP 1 I AM 38 _,1.1MBERLAND COUNTY PENNS Y N IA : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO. 14-1422 AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 Metro Bank sets forth as of the date the Praecipe for Issuance of the Writ of Execution was filed the following information concerning the real property located at 304-A St. Johns Road, Camp Hill, Lower Allen Township, Cumberland County, Pennsylvania 17011 (Parcel No. 13-23-0553-004), as more particularly described on Exhibit "A" attached hereto: 1. Name and address of owner or reputed owner(s): Matthew S. Gamber 105 North 17th Street Camp Hill, PA 17011 2. Name and address of the Defendant(s) in the judgment: Matthew S. Gamber 105 North 17th Street Camp Hill, PA 17011 3. The name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: (a) Metro Bank 3801 Paxton Street Harrisburg, PA 17111 (No. 2014-1422) (No. 2013-6899) (b) Curtze C A Co Inc. 1717 East 12th Street Erie, PA 16512 (No. 2010-7265) (No. 2011-7342) 4. The name and address of the last recorded holder of every mortgage of record: (a) Metro Bank 3801 Paxton Street Harrisburg, PA 17111 (b) PNC Bank, National Association 249 Fifth Avenue One PNC Plaza Pittsburgh, PA 15222 5. The name and address of every other person who has any recorded lien on the property: (a) US Treasury Department Advisory/Technology Services 1000 Liberty Avenue Pittsburgh Office Room 704 Pittsburgh, PA 15222-4004 (No. 2011-2701) (No. 2011-3988) (No. 2011-7727) (No. 2011-8214) (No. 2014-2463) (No. 2014-4532) (b) Pennsylvania Department of Revenue Bureau of Compliance Lien Section P.O. Box 280948 Harrisburg, PA 17128-0948 (No. 2013-4915) 6. The name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: (a) Cumberland County Tax Claim Bureau 1 Courthouse Square Old Courthouse, Room 106 Carlisle, PA 17013 7. The name and address of every other person of whom the plaintiff has any knowledge who has any interest in the property which may be affected by the sale: (a) Cumberland County Domestic Relations 13 North Hanover Street Carlisle, PA 17013 (b) PA Department of Welfare Bureau of Child Support Enforcement 1303 North 7th Street Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Heather Z. Kelly, Esquire Attorney for Plaintiff Dated: September 10, 2014 738689v I ALL-S7ATE' LEGAL 80G22?.05,0 ED -7, F78CY9LED EXHIBIT "A" LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of ground situate in the Township of Lower Allen, County of Cumberland, and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the Easterly right-of-way line of St. John's Church Road, Pennsylvania Legislative Route No. 21079, 188.35 feet from the intersection of Pennsylvania Route No. 750 at the Southerly line of property now or formerly of Tremarco Corporation; thence, along the same, North 48 degrees 53 minutes 30 seconds East, 88.44 feet to a point at line of land now or formerly of Joseph A. Wagner; thence, along the same, North 78 degrees 20 minutes East, 51.86 feet to a point; thence, along the line of lands now or formerly of Rodney N. Tolbert, South 11 degrees 40 minutes East, 68.48 feet to a point; thence continuing along said land, South 41 degrees 6 minutes 30 seconds West, 100 feet to a point in the Easterly right-of-way line of St. John's Church Road; thence, along the said right-of-way line, North 41 degrees 6 minutes 30 seconds West, 100 feet to a point and place of BEGINNING. HAVING thereon erected a one story office building. BEING a part of Tract No. 2 of Summit Corporation property made by D.P. Raffensperger, Registered Surveyor, dated April 19, 1956, amended May 31, 1956. NOTWITHSTANDING the Lower Allen Township Zoning classification governing the herein mentioned tract, this property is specifically restricted against commercial use except for professional offices. Being County Parcel No. 13-23-0553-004. Heather Z. Kelly, Esquire METTE, EVANS & WOODSIDE Sup. Ct. ID No. 86291 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 (717) 236-1816 (fax) hzkelly@mette.com Attorneys for Plaintiff METRO BANK, f/k/a Commerce Bank/Harrisburg, N.A. Plaintiff v. MATTHEW S. GAMBER and THE UNITED STATES OF AMERICA, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO. 14-1422 SECOND AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 Metro Bank sets forth as of the date the Praecipe for Issuance of the Writ of Execution was filed the following information concerning the real property located at 304-A St. Johns Road, Camp Hill, Lower Allen Township, Cumberland County, Pennsylvania 17011 (Parcel No. 13-23-0553-004), as more particularly described on Exhibit "A" attached hereto: 1. Name and address of owner or reputed owner(s): Matthew S. Gamber 105 North 17th Street Camp Hill, PA 17011 2. Name and address of the Defendant(s) in the judgment: Matthew S. Gamber 105 North 17th Street Camp Hill, PA 17011 3. The name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: (a) Metro Bank 3801 Paxton Street Harrisburg, PA 17111 (No. 2014-1422) (No. 2013-6899) (b) Curtze C A Co Inc. and Specialty Steak Service (a wholly owned division of C.A. Curtz, Co., Inc.) 1717 East 12th Street Erie, PA 16512 (No. 2011-7265) (No. 2011-7342) (c) CACH, LLC 4340 South Monaco St., 2nd Floor Denver, CO 80237 (2014-3871) (2014-3885) (d) Corryn Kronnagel, Esquire Law Firm of Allan C. Smith, P.C. Bucks County Office Center 1276 Veterans Highway, Ste. E-1 Bristol, PA 19007 (2014-3871) (2014-3885) (e) American Express, FSB, a Federal Savings Bank 200 Vesey St., 43`d Flr. New York, NY 10285 (2012-5939) (f) Demetrios Tsarouhis IOLTA — Collections 21 South Ninth Street Allentown, PA 18102 (2012-5939) 4. The name and address of the last recorded holder of every mortgage of record: (a) Metro Bank 3801 Paxton Street Harrisburg, PA 17111 (b) PNC Bank, National Association 249 Fifth Avenue One PNC Plaza Pittsburgh, PA 15222 5. The name and address of every other person who has any recorded lien on the property: (a) US Treasury Department Advisory/Technology Services 1000 Liberty Avenue Pittsburgh Office Room 704 Pittsburgh, PA 15222-4004 (No. 2011-2701) (No. 2011-3988) (No. 2011-7727) (No. 2011-8214) (No. 2014-2463) (No. 2014-4532) (b) Pennsylvania Department of Revenue Bureau of Compliance Lien Section P.O. Box 280948 Harrisburg, PA 17128-0948 (No. 2013-4915) (No. 2014-5334) 6. The name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: (a) Cumberland County Tax Claim Bureau 1 Courthouse Square Old Courthouse, Room 106 Carlisle, PA 17013 7. The name and address of every other person of whom the plaintiff has any knowledge who has any interest in the property which may be affected by the sale: (a) Cumberland County Domestic Relations 13 North Hanover Street Carlisle, PA 17013 (b) PA Department of Welfare Bureau of Child Support Enforcement 1303 North 7th Street Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. f%a Heather Z. Kell , Esquire Attorney for Plaintiff Dated: October 28, 2014 748960v1 4 Exhibit A METRO BANK, f/k/a Commerce Bank/Harrisburg, N.A. Plaintiff v. MATTHEW S. GAMBER and THE UNITED STATES OF AMERICA, Defendants LifCE;LED-OFFICE . :ii THPR0THOHOlAk i MMM SEP 75 AM 8: 16 CU PENN YLVAN A COUNTY_ • IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO. 14-1422 NOTICE OF SHERIFF'S SALE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE RULE 3129.2 TAKE NOTICE: That the Sheriff's Sale of Real Property (real estate) will be held: DATE: WEDNESDAY, DECEMBER 3, 2014 TIME: 10:00 a.m. Eastern Time LOCATION: Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 THE PROPERTY TO BE SOLD, is delineated in detail in legal descriptions mainly consisting of a statement of the measured boundaries of the property. (SEE METES AND BOUNDS DESCRIPTION ATTACHED HERETO AT EXHIBIT "A") This property has been improved by buildings and certain other improvements. THE LOCATION of the property to be sold is: 304-A St. Johns Road, Camp Hill, Lower Allen Township, Cumberland County, Pennsylvania 17011 (Parcel No. 13-23-0553=004) THE JUDGMENT under or pursuant to which the properties are being sold is docketed to: The petition must be served on the attorney for the creditor or on the creditor before representation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, 1 Courthouse Square, Carlisle, PA, before the presentation of the petition to the Court. 4. A copy of the Writ of Execution is attached hereto at Exhibit "B ". SHERIFF OF CUMBERLAND COUNTY EXHIBIT "A" LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of ground situate in the Township of Lower Allen, County of Cumberland, and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the Easterly right-of-way line of St. John's Church Road, Pennsylvania Legislative Route No. 21079, 188.35 feet from the intersection of Pennsylvania Route No. 750 at the Southerly line of property now or formerly of Tremarco Corporation; thence, along the same, North 48 degrees 53 minutes 30 seconds East, 88.44 feet to a point at line of land now or formerly of Joseph A. Wagner; thence, along the same, North 78 degrees 20 minutes East, 51.86 feet to a point; thence, along the line of lands now or formerly of Rodney N. Tolbert, South 11 degrees 40 minutes East, 68.48 feet to a point; thence continuing along said land, South 41 degrees 6 minutes 30 seconds West, 100 feet to a point in the Easterly right-of-way line of St. John's Church Road; thence, along the said right-of-way line, North 41 degrees 6 minutes 30 seconds West, 100 feet to a point and place of BEGINNING. HAVING thereon erected a one story office building. BEING a part of Tract No. 2 of Summit Corporation property made by D.P. Raffensperger, Registered Surveyor, dated April 19, 1956, amended May 31, 1956. NOTWITHSTANDING the Lower Allen Township Zoning classification governing the herein mentioned tract, this property is specifically restricted against commercial use except for professional offices. Being County Parcel No. 13-23-0553-004. THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suite100 • Carlisle, PA • 17013 (717) 240-6195 www.ccpa.net METRO BANK , f/k/a Commerce Bank/Harrisburg, N.A. Vs. NO 14-1422 Civil Term CIVIL ACTION — LAW MATTHEW S. GAMBER and THE UNITED STATES OF AMERICA WRIT OF EXECUTION TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above matter you are directed to levy upon and sell the following described property: (1) See legal description. (2) (Specifically describe personal property when judgment results from a mortgage covering both personal and real property pursuant to Section 9604(a)of the Uniform Commercial Code) NOTE: Description of property must be attached to the writ. Amount Due: $92,799.28 L.L.: $.50 Interest FROM (7/30/2014 DATE OF JUDGMENT) THROUGH 12/3/2014 DATE OF SALE AT THE PER DIEM RATE OF $15.25): $1,464.00 Atty's Comm: Atty Paid: $273.77 Plaintiff Paid: Date: 09/05/14 (Seal) Due Prothy: $2.25 Other Costs: D. uell, Pro onotary By: Deputy REQUESTING PARTY: Name: Heather Z. Kelly, Esq. Address: METTE, EVANS & WOODSIDE, 3401 North Front Street, P.O. Box 5950, Harrisburg, PA 17110-0950 Attorney for: Plaintiff Telephone: 717-232-5000 Supreme Court ID No. 86291 EXHIBIT Heather Z. Kelly, Esquire METTE, EVANS & WOODSIDE Sup. Ct. ID No. 86291 3401 North Front Street P.O. Box 5950 Harrisburg, PA '17110-0950 (717) 232-5000 (717) 236-1816 (fax) hzkelly@mette.com Attorneys for Plaintiff METRO BANK, f/k/a Commerce Bank/Harrisburg, N.A. Plaintiff v. MATTHEW S. GAMBER and THE UNITED STATES OF AMERICA, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO. 14-1422 AFFIDAVIT OF SERVICE I, Heather Z. Kelly, Esquire, am the attorney for Metro Bank, f/k/a Commerce Bank/Harrisburg, N.A. and do hereby declare: 1. I am an attorney for Plaintiff and I am authorized to make this Affidavit. 2. The Sheriff of Cumberland County has reported that on October 1, 2014, he or his deputy posted a handbill on real property located at 304-A St. Johns Road, Camp Hill, Lower Allen Township, Cumberland County, Pennsylvania pursuant to Pennsylvania Rules of Civil Procedure No. 3129.2(b). The content of the handbill is contained in the Notice of Sheriff's Sale. The Notice of Sheriff's Sale was filed with the Sheriff's Office. A true and correct copy of the contents of the Notice (the "Notice") as posted is attached hereto as Exhibit "A" and incorporated herein by reference. The Sheriff of Cumberland County has reported that a copy of the Notice was personally served upon the Defendant Matthew W. Gamer on October 7, 2014. Defendant, The United States of America, c/o Peter Smith, United States Attorney, was personally served via the Dauphin County Sheriff's Office on October 20, 2014. Defendant, The United States of America, U.S. Department of Justice was served with the Notice, via Certified Mail, Return Receipt Requested with a signed delivery date of October 27, 2014. 3. On October 22, 2014, I caused to be deposited in the United States Mail, First Class, postage prepaid, the Notice to Defendant, Matthew S. Gamber, owner or reported owner, as shown on Plaintiff's Affidavits which were filed with the Prothonotary on September 5, 2014 and amended on September 11, 2014 and October 29, 2014. A true and correct copy of the Certificate of Mailing is attached hereto at Exhibit "B" and incorporated herein by reference. 4. On October 22, 2014, I caused to be deposited in the United States Mail, First Class, postage prepaid, the Notice to all holders of every mortgage of record. These parties are identified and Plaintiff's Affidavits, supra. A true and correct copy of the Certificate of Mailing is attached hereto at Exhibit "C" and incorporated herein by reference. 5. On October 22, 2014 and October 28, 2014, I caused to be deposited in the United States Mail, First Class, postage prepaid, the Notice to the judgment lien holders of record on the property. These parties are identified and Plaintiff's Affidavits, supra. A true and correct copy of the Certificate of Mailing is attached hereto at Exhibit "D" and incorporated herein by reference. 6. On October 22, 2014, I caused to be deposited in the United States Mail, First 2 Class, postage prepaid, the Notice to every other person who has a recorded lien on the real property to be sold. These parties are identified in Plaintiff's Affidavits, supra. True and correct copies of the Certificates of Mailing are attached hereto as Exhibit "E" and incorporated herein by reference. 7. On October 22, 2014, I caused to be deposited in the United States Mail, First Class, postage prepaid, the Notice to every other person who has a record interest on the real property to be sold. These parties are identified in Plaintiff's Affidavits, supra. True and correct copies of the Certificates of Mailing are attached hereto as Exhibit "F" and incorporated herein by reference. 8. On October 22, 2014, I caused to be deposited in the United States Mail, First Class, postage prepaid, the Notice to every other person of whom the Plaintiff has knowledge who may have an interest in the real property to be sold. These parties are identified in Plaintiff's Affidavits, supra. True and correct copies of the Certificates of Mailing are attached hereto as Exhibit "G" and incorporated herein by reference. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 4th day of November, 2014. Respectfully submitted, METTE, EVANS & WOODSIDE By: &QaJ2Le4, , HEATHER Z. LLY, ESQUIRE Sup. Ct. I.D. No. 86291 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 - Phone (717) 236-1816 - Fax 3 VERIFICATION I, Heather Z. Kelly, Esquire, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to the penalties of 18 Pa. C.P.AS. §4904 relating to unsworn falsification to authorities. DATED: November 4 , 2014 PI�Al eather Z. Ke y, Esquire 5 CERTIFICATE OF SERVICE I certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage, prepaid, as follows: Matthew S. Gamber 105 North 17th Street Camp Hill, PA 17011 Peter Smith, United States Attorney United States Attorney's Office Federal Building & U.S. Courthouse 228 Walnut Street, Ste. 220 Harrisburg, PA 17108 Date: November 4, 2014 747901v1 Office of the Attorney General U.S. Department of Justice 950 Pennsylvania Avenue, NW Washington, DC 20530-0001 METTE, EVANS & WOODSIDE By: de‘tiAA IC P,l%"0J Heather Z. KelTy, Esquire Sup. Ct. I.D. No. 86291 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 - Phone (717) 236-1816 - Fax Attorneys for Plaintiff Exhibit A METRO BANK, f/k/a Commerce Bank/Harrisburg, N.A. Plaintiff v. MATTHEW S. GAMBER and THE UNITED STATES OF AMERICA, Defendants LED -OFFICE THE E'ROTHOHO AR• 2014SE -S Ali 8: 16 CUMBERLAND VAt�,ll`COUNTY • IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO. 14-1422 NOTICE OF SHERIFF'S SALE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE RULE 3129.2 TAKE NOTICE: That the Sheriff's Sale of Real Property (real estate) will be held: DATE: WEDNESDAY, DECEMBER 3, 2014 TIME: 10:00 a.m. Eastern Time LOCATION: Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 THE PROPERTY TO BE SOLD, is delineated in detail in legal descriptions mainly consisting of a statement of the measured boundaries of the property. (SEE METES AND BOUNDS DESCRIPTION ATTACHED HERETO AT EXHIBIT "A") This property has been improved by buildings and certain other improvements. THE LOCATION of the property to be sold is: 304-A St. Johns Road, Camp Hill, Lower Allen Township, Cumberland County, Pennsylvania 17011 (Parcel No. 13-23-0553-004) THE JUDGMENT under or pursuant to which the properties are being sold is docketed to: IS: No. 14-1422 THE NAME OF THE OWNER OR REPUTED OWNER OF THIS PROPERTY Matthew S. Gamber A SCHEDULE OF DISTRIBUTION, being a list of persons, and/or governmental or corporation entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages or municipalities that are owed taxes) will be filed on a date specified by the Sheriff not later than thirty (30) days after the sale and distribution of the proceeds of sale in accordance with the Schedule that will be made unless exceptions are filed thereto within ten (10) days after the filing of the Schedule. Information about the Schedule of Distribution may be obtained from the Sheriff of Cumberland County, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a Judgment against you. It may cause your property to be held, to be sold or to be taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Cumberland County Lawyer Referral Service 32 South Bedford Street Carlisle, PA 17013 1-800-990-9108 — (717)-249-3166 The legal rights you may have are: 1. You may file a petition with the Court of Common Pleas of Cumberland County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure against you. 2. After the Sheriffs Sale you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriffs Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County. IS: No. 14-1422 THE NAME OF THE OWNER OR REPUTED OWNER OF THIS PROPERTY Matthew S. Gamber A SCHEDULE OF DISTRIBUTION, being a list of persons, and/or governmental or corporation entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages or municipalities that are owed taxes) will be filed on a date specified by the Sheriff not later than thirty (30) days after the sale and distribution of the proceeds of sale in accordance with the Schedule that will be made unless exceptions are filed thereto within ten (10) days after the filing of the Schedule. Information about the Schedule of Distribution may be obtained from the Sheriff of Cumberland County, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a Judgment against you. It may cause your property to be held, to be sold or to be taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Cumberland County Lawyer Referral Service 32 South Bedford Street Carlisle, PA 17013 1-800-990-9108 — (717)-249-3166 The legal rights you may have are: 1. You may file a petition with the Court of Common Pleas of Cumberland County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure against you. 2. After the Sheriff's Sale you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriff's Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County. The petition must be served on the attorney for the creditor or on the creditor before representation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, 1 Courthouse Square, Carlisle, PA, before the presentation of the petition to the Court. 4. A copy of the Writ of Execution is attached hereto at Exhibit "B ". SHERIFF OF CUMBERLAND COUNTY EXHIBIT "A" LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of ground situate in the Township of Lower Allen, County of Cumberland, and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the Easterly right-of-way line of St. John's Church Road, Pennsylvania Legislative Route No. 21079, 188.35 feet from the intersection of Pennsylvania Route No. 750 at the Southerly line of property now or formerly of Tremarco Corporation; thence, along the same, North 48 degrees 53 minutes 30 seconds East, 88.44 feet to a point at line of land now or formerly of Joseph A. Wagner; thence, along the same, North 78 degrees 20 minutes East, 51.86 feet to a point; thence, along the line of lands now or formerly of Rodney N. Tolbert, South 11 degrees 40 minutes East, 68.48 feet to a point; thence continuing along said land, South 41 degrees 6 minutes 30 seconds West, 100 feet to a point in the Easterly right-of-way line of St. John's Church Road; thence, along the said right-of-way line, North 41 degrees 6 minutes 30 seconds West, 100 feet to a point and place of BEGINNING. HAVING thereon erected a one story office building. BEING a part of Tract No. 2 of Summit Corporation property made by D.P. Raffensperger, Registered Surveyor, dated April 19, 1956, amended May 31, 1956. NOTWITHSTANDING the Lower Allen Township Zoning classification governing the herein mentioned tract, this property is specifically restricted against commercial use except for professional offices. • Being County Parcel No. 13-23-0553-004. THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suite100 • Carlisle, PA • 17013 (717) 240-6195 www.ccpa.net METRO BANK , f/k/a Commerce Bank/Harrisburg, N.A. Vs. NO 14-1422 Civil Term CIVIL ACTION — LAW MATTHEW S. GAMBER and THE UNITED STATES OF AMERICA WRIT OF EXECUTION TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above matter you are directed to levy upon and sell the following described property: (1) See legal description. (2) (Specifically describe personal property when judgment results from a mortgage covering both personal and real property pursuant to Section 9604(a)of the Uniform Commercial Code) NOTE: Description of property must be attached to the writ. Amount Due: $92,799.28 L.L.: $.50 Interest FROM (7/30/2014 DATE OF JUDGMENT) THROUGH 12/3/2014 DATE OF SALE AT THE PER DIEM RATE OF $15.25): $1,464.00 Atty's Comm: Atty Paid: $273.77 Plaintiff Paid: Date: 09/05/14 (Seal) Due Prothy: $2.25 Other Costs: D. uell, Pro onotary By: Deputy REQUESTING PARTY: Name: Heather Z. Kelly, Esq. Address: METTE, EVANS & WOODSIDE, 3401 North Front Street, P.O. Box 5950, Harrisburg, PA 17110-0950 Attorney for: Plaintiff Telephone: 717-232-5000 Supreme Court ID No. 86291 EXHIBIT Exhibit S UNITEDSTATES Certificate Of III POSTAL SERVICE Mailing This Certificate of Mailing provides evidence that mall has been presented to USPS® for mailing. This form may be used for domestic and international mall. From: To: Heather Z. Kelly. Esquire METTE, EVANS & WOODSIDE 3401 North Front Street, 2nd Fl. Harrisburg, PA 17110-0950 Matthew S. Gamber 105 North 17th Street Camp Hill, PA 17011 PS Form 3817, April 2007 PSN 7530-02-000-9065 Exhibit C P UNITED STATES % POSTAL SERVICE:I', Certificate Of Mailing This Certificate of Mailing provides evidence that mall has been presented to USPS for mailing. This form may be used for domestic and International mall. From: Heather Z. Kelly, Esquire METTE, EVANS & WOODSIDE 3401 North Front Street, 2nd Fl. Harrisburg, PA 17110-0950 o OZ; g ceLc- Lai 8 0 40 a. o a r - N CC LL fC:1 2 < 0 0 M To: PNC Bank, National Association 249 Fifth Avenue One PNC Plaza 0 , PS Form 3817, April 2007 PSN 7530-02-000-9065 Exhibit a, UNITED STATES Certificate Of POSTAL SERVICER Mailing This Certificate of Mailing provides evidence that mail has been presented to USPS® for mailing. This form may be used for domestic and intemational mall. From: Heather Z. Kelly, Esquire METTE, EVANS & WOODSIDE ae ft) 3401 North Front Street, 2nd Fl. --�,. W Harrisburg, PA 17110-0950 dln �so� �4a.1n To ' Curtze C A Co Inc. .1 c' 1717 East 12th Street Erie, PA 16512 PS Form 3817, April 2007 PSN 7530-02-000-9065 UNITED STATES Certificate Of POSTAL SERVICE® Mailing This Certificate of Mailing provides evidence that mail has been presented to USPS® for mailing. This form may be used for domestic and international mail. From: To: Heather Z. Kelly, Esquire METTE, EVANS & WOODSIDE 4 -OUR 3401 North Front Street, 2nd FlVs:, Harrisburg, PA 17110-0950 Curtze C A Co Inc. and Specialty Steak Service (a wholly owned division of C:A. Curtz. Co.. Inc.) 1717 East 12th Street Fria, PA 16512 C,11 o0 r p PS Form 3817, April 2007 PSN 7530-02-000-9065 UNITED STATES Certificate Of POSTAL SERVICE® Mailing This Certificate of Mailing provides evidence that mall has been presented to USPS® for mailing. This form may be used for domestic and international mall. From: Heather Z. Kelly, Esquire METTE, EVANS & WOODSIDE 3401 North Front Street, 2nd`F1. HJ To: Harrisburg, PA 17110-0950 Ce Nq CACH, LLC 4340 South Monaco Street, 2nd\F Cry o :a Denver, CO 80237 PS Form 3817, April 2007 PSN 7530-02-000-9065 UNITED STATES Certificate Of POSTAL SERVICE® Mailing This Certificate of Mailing provides evidence that mall has been presented to USPS® for mailing. This form may be used for domestic and international mall. From: Heather Z. Kelly, Esquire To: METTE, EVANS & WOODSIDE N A R 3401 North Front Street, 2nd Fl. Harrisburg, PA 17110-0950 Corryn Kronnagel, Esquire Law Firm of Allan C. Smith, P.C. Bucks County Otfice Center 1276 Vptprans Highway, S»it-p F.-1 Bristol, PA 19007 PS Form 3817, April 2007 PSN 7530-02-000-9065 UNITED STATES Certificate Of POSTAL SERVICES Mailing This Certificate of Mailing provides evidence that mall has been presented to USPS® for mailing. This form may be used for domestic and international mail. From: Heather Z. Kelly, Esquire To: METTE, EVANS & WOODSIDE 3401 North Front Street, 2nd SFd. Harrisburg, PA 17110-0959W' American Express. FSB a Federal Savings Bank 200 Vesey Street, 43rd Floor :PS New York, NY 10285 4 PS Form 3817, April 2007 PSN 7530-02-000-9065 UM/TEDST4TE$ Certificate ail POSTAL SERVICE This Certificate of Mailing provides evidence that mall has been pres This form may be used for domestic and international mail. From: Heather Z. Kelly, Esquire To: d to USPS® for mailing. TETT Eim,EVANS & WOODSIDE 3401 North Front Street, 2nda Harrisburg, PA 17110-09501 Demetrios Tsarouhis IOLTA - Collections 21 South Ninth Street Allentown, PA 18102 PS Form 7 , April 2007 PSN 7530-02-000-9065 2014 USP`?; Exhibit E UNITED STATES Certificate Of 0 � POSTAL SERVICER, Mailing W MNo This Certificate of Mailingprovides evidence that mall has been presented to USPS.. for_malling. This form may be used fr domestic end international mail.7 o z O ~ From: Heather Z. Kelly, Esquire �P G �� a i�' METTE,EVANS & WOODSIDE 0%�`� _ (t'J o 3401 North Front Street, 2nd Fl.,x' oCr Harrisburg, PA 17110 -0950\t6. J�>s Mo - 0.UNn c p To: US Treasury Department Advisory/Technology Services 1000 Liberty Avenue Pittsburgh Office Room 704 Pittsburgh, PA 15222-4004 PS Form 3817, April 2007 PSN 7530-02-000-9065 j`!� UNITED STATES All POSTAL SERVICE Certificate Of Mailin This form maybe used for domestic and international mail. Certificate of Mailing provides evidence that mail has been presented to USPS® for mailing. From: To: Heather Z. Kelly, Es uire METTE, EVANS & WOODSIDE 3401 North Front Street, 2nd Harrisburg, PA 17110-0950 Pennsylvania De artment of Revenue 140 Bureau of Com fiance Lien Section Ha PS Form 3817, April 2007 PSN 7530-02-000-9065 Exhibit F ���� UNITED STATES Certificate Of POSTAL SERVICE Mailing This Certificate of Mailing provides evidence that mail has been presented to USPS® for mailing. This form may be used for domestic and international mall. From: Heather Z. Kelly, Esquire To: METTE, EVANS & WOODSIDE 3401 North Front Street, 2nd Fl. Harrisburg, PA 17110-0950 Cumberland County Tax Claim Bureau 1 Courthouse Square tn?il Old Courthouse, Room 106 Carlisle, PA 17013 PS Form 3817, April 2007 PSN 7530-02-000-9065 Exhibit G. UNITED STATES Certificate Of Mailing POSTAL SERVICE. ThIse iC rtitca to of MallIng provides evidence that mail has been presented to USPS® for mailing. This form may be used or domestic and international mall. From: Heather Z. Kelly, Esquire METTE, EVANS & WOODSIDE 3401 North Front Street, 2nd Fl. Harrisburg, PA 17110-0950 To: PA Department of Welfare Bureau of Child Sup o �OoF I MN t 1e—N 1 .80 em} r 1,70 °41/18in ort Enforcement 1303 North 7th Street Harrisburg, PA 17105 PS Form 3817, Api112007 PSN 7530-02-000-9065 a, UNITED STATES Certificate Of POSTAL SERVICE Mailing This Certificate of Mating provides evidence that mail has been presented to USPS® for mailing. This form may be used for domestic and international mail. From: Heather Z. Kelly, Esquire METTE, EVANS & WOODSIDE` t,�l 3401 North Front Street, 2nd Fl. o. Harrisburg, PA 17110-0950 S. Ce Np d _ .O2 To: Cumberland County Domestic Relationslize 13 North Hanover Street Carlisle, PA 17013 PS Form 3817, April 2007 PSN 7530-02-000-9065 'r_