HomeMy WebLinkAbout09-4221t'
FOX AND FOX
BY: CRAIG H. FOX
Identification No. 49509
706 One Montgomery Plaza
Norristown, PA 19401
(610) 275-7990
AMERICAN GENERAL FINANCIAL
SERVICES, INC.
6 S. Hanover Street
Carlisle, PA 17013
V.
LOUISE B. HOFFHEINS
23 Valley Street
Carlisle, PA 17013
Attorney for Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
No. U-& " ?a1c1 l?tV1( tCl"'M
NOTICE TO DEFEND
You have been sued in Court. If you wish to defend against the
claims set forth in the following pages, you must take action
within twenty (20) days after this Complaint and Notice are served,
by entering a written appearance personally or by an attorney and
filing in writing with the Court your defenses or objections to the
claims set forth against you. You are warned that if you fail to do
so, the case may proceed without you and a judgment may be entered
against you by the Court without further notice for any money
claimed for any other claim or relief requested by the plaintiff.
You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET HELP. 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
32 S. Bedford Street
Carlisle, PA 17013
(717) 249-3166
(800) 990-9108
i
NOTICE
The amount of your debt is as stated in the attached
document. The name of the creditor to whom the debt is owed is
as named in the attached document. Unless you notify us within
30 days after receipt of this Notice and the attached document
that the validity of the stated debt, or any portion of it, is
disputed, we will assume that the debt is valid. If you do
notify us in writing of a dispute within the 30 day period, we
will obtain verification of the debt or a copy of a judgment
against you, and mail it to you. If you do not dispute the debt,
it is not an admission of liability on your part. Also, upon
your written request within the 30 day period, we will provide
you with the name and address of the original creditor if
different from the current creditor.
If you notify us in writing within the 30 day period as
stated above, we will cease collection of your debt, or any
disputed portion of it, until we obtain the information that is
required and mail it to you. Once we have mailed to you the
required information, we will then continue the collection of
your debt.
This law firm is deemed to be a debt collector and this
Notice and the attached document is an attempt to collect a debt,
and any information obtained will be used for that purpose.
FOX AND FOX
/s/ Craig H. Fox, Esquire
706 One Montgomery Plaza
Norristown, PA 19401
(610) 275-7990
K
G:\AMER-GEN\LARGE\9200-83 M.CMP.DOC
FOX AND FOX
By: Craig H. Fox, Esquire
Attorney I.D. #49509
706 One Montgomery Plaza
Norristown, PA 19401
(610) 275-7990
AMERICAN GENERAL FINANCIAL
SERVICES, INC.
6 S. Hanover Street
Carlisle, PA 17013
V.
LOUISE B. HOFFHEINS .
23 Valley Street
Carlisle, PA 17013
COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
No.
Q / - 1 ? ( Gav `? ?c?r1
CIVIL ACTION COMPLAINT - MORTGAGE FORECLOSURE
Plaintiff, AMERICAN GENERAL FINANCIAL SERVICES, INC., by
its attorneys and complains against the defendant, LOUISE B.
HOFFHEINS, upon the following causes of action:
1. Plaintiff, American General Financial Services, Inc.,
("AGF") is an institution doing business in the Commonwealth of
Pennsylvania with a place of business located at 6 S. Hanover Street,
Carlisle, PA 17013.
2. Defendant, LOUISE B. HOFFHEINS, is an adult individual who
resides at the address above in the caption of this pleading and is
the real owner and/or mortgagor and/or both of the mortgaged property
hereinafter described. If any Defendant above-named is deceased,
this action shall proceed against the deceased Defendant's heirs,
assigns, successors, administrators, personal representatives and/or
representatives and/or executors through his/her estate.
3. On June 6, 2008, Defendant executed and delivered a
mortgage upon the premises hereinafter described to American General
Financial Services, Inc. ("AGF") which mortgage was recorded in the
office of the Recorder of Deeds of Cumberland County in Book 2008
page 19575 on June 11, 2008. The Mortgage was security for a loan
from AGF to Defendant, which loan was evidenced by a Promissory Note
of the same date. True and correct copies of the Note and Mortgage
are attached hereto collectively and incorporated herein as Exhibit
"A"
4. The land subject to the mortgage is all that certain tract
or parcel of land situated in the County of Cumberland, Commonwealth
of Pennsylvania, more particularly described in the attached Mortgage
Agreement and in the Deed recorded in the Cumberland County Office
for the Recording of Deeds in Book Vol. B-27 at page 182, and
otherwise known as 23 Valley Street, Cumberland County, Carlisle, PA
17013. A copy of the Deed and\or legal description is attached
hereto as Exhibit "B" and incorporated herein by reference. The
Mortgage and/or Assignment(s) of mortgage and/or Deed are a matter of
public record and are incorporated herein as provided by Pa. R.C.P.
1019(g).
5. The mortgage is in default because the defendant has failed
and refused to make the mortgage payments.
6. A Notice of default, intent to foreclose and of possible
eligibility for the Emergency Mortgage Assistance Program was sent to
to the defendant at her address on February 19, 2009. Plaintiff has
not been notified of any action by the Pennsylvania Housing Finance
Agency which would bar it from proceeding with this foreclosure.
True and correct copies of the Notices are attached hereto,
incorporated herein and designated as Exhibit "C".
7. Defendant has failed to cure the default as requested.
Accordingly, and pursuant to the provisions of the Mortgage
Agreement, plaintiff declares all sums secured by the mortgage
immediately due and payable and requests judgment i n the amount of
the accelerated balance, together with the expenses of foreclosure,
including, but not limited to, reasonable attorneys' fees, costs and
interest, in the following amounts:
Outstanding Principal: $40,156.62
Accrued but unpaid interest
as of June 19, 2009 $ 3,493.85
Late charges $ 389.87
Other costs
Anticipated Title search: $ 500.00
Prothonotary fee: $ 78.50
Sheriff costs: $ 100.00
Anticipated Sheriff Sale filing fee: $ 1,500.00
Reasonable Attorney's Fees $ 5,000.00
TOTAL $51,218.84
8. The attorney's fees set forth above are in conformity with
the Mortgage documents and Pennsylvania Law and will be collected in
the event of a third party purchaser at Sheriff's Sale. If the
mortgage is reinstated prior to this sale, reasonable attorney's fees
will be charged based on work actually performed.
9. Interest from June 20, 2009 through date of full repayment
of the debt accrues at the rate of $14.09 per day. La te charges also
I
charges also accrue as set forth in the Loan Documents.
10. The property was owned by Louise B. Hoffheins and Darwin M.
Hoffheins, husband and wife, as tenants by the entireties.
11. Darwin M. Hoffheins died, at which time title to the
property passed to Louise B. Hoffheins, his wife, by operation of
law.
WHEREFORE, Plaintiff demands judgment in Mortgage
Foreclosure in the sum of $51,218.84 together with additional
attorney's fees, if any, hereinafter incurred in excess of that
claimed above, costs, interest and late charges at the contract rate
and other expenses incurred by the Plaintiff which are properly
chargeable in accordance with the terms of the Mortgage, and for the
foreclosure and sale of the mortgaged Property.
C
A
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Prepared By:
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(Space Above This Line For Recording Data} --
OPEN-END MORTGAGE
THIS MORTGAGE SECURES FUTURE ADVANCES
To Borrowers whose Revolving Line of Credit Agreement and Disclosure Statement provides for a
Line of Credit not exceeding $50,000 and a Variable Rate feature: Notice to Borrower: This
document contains provisions for a variable interest rate.
THIS OPEN-END MORTGAGE ("Security anstrumerW) is given on 96106LOA . The Mortgagor is
DARWIN H HOFFHEINS (DECEASED) AND LOUISE B HOFFHEINS
TNTS BY ENTIRETY ("Borrower").
Indicate marital status)
This Security Instrument is given to
AMKRICAN GENRRAL FINANCI L SERVICES- INC•
which is organized and existing under the laws of Pennsylvania,
and whose address is
6 S HANOVER ST rAR1.TqLF-- PA 1170111-11111116
("Mortgagee"). Bonrower may incur Indebtedness to Mortgagee in amounts fluctuating from time to time
up to the appraised value of the real estate secured under this Security Instrument, but not exceeding the
Line of Credit set by Mortgagee : (initially $ bnnon . nn 1, which amount constitutes the maximum
principal amount that may be secured at any one time under this Security Instrument. This debt is
evidenced by Borrowers Home Equity Line of Credit Agreement and Disclosure Statement dated the
same date as this Security Instrument ("Note'), which provides for monthly payments, with the full debt,
if not paid earlier, due and payable as provided in the Note. This Security Instrument secures to
Mortgagee: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals,
extensions and modifications; (b) the payment of all other sums, with interest, advanced under paragraph
7 to protect the security of this Security Instrument; (c) the performance of Borrower's covenants and
agreements under this Security Instrument and the Note; and (d) the unpaid balances of loan advances
made after this Security Instrument is delivered to the recorder for record. For this purpose, Borrower
does hereby mortgage, grant and convey to Mortgagee the following described property located in
CUMBERL"n County., Pennsylvania:
SEE EXHIBIT "A"
Pryor Instrument Reference: Mortgage Book No. 122-, Page 1 Fit
TOGETHER WITH all the improvements now or hereafter erected on the property, and all
easements, rights, appurtenances, rents, royalties, mineral, oil and gas rights and profits, water rights
and stock and all fixtures now or hereafter a part of the property. All replacements and additions shall
also be covered by this Security Instrument. All, of the foregoing is referred to in this Security Instrument
as the "Property."
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EXHIBIT "A"
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BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has
the right to mortgage, grant and convey the Property, and that the Property is unencumbered, except for
encumbrances of record. Borrower covenants that Borrower warrants and will defend generally the title
to the Property against all claims and demands, subject to any encumbrances of record.
COVENANTS. Borrower and Mortgagee covenant and agree as follows:
1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly
pay when due the principal of and interest on the debt evidenced by the Note and any prepayment and
late charges due under the Note.
2. Funds for Taxes and Insurance. At the request of Mortgagee, Borrower shall begin making
monthly payments into an escrow account for the payment of yearly taxes, insurance and other yearly
charges imposed upon the Property.
3. Application of Payments. Unless applicable law provides otherwise, all payments received by
Mortgagee under paragraphs 1 and 2 shall be applied as provided in the Note.
4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions
attributable to the Property which may attain priority over this Security Instrument, and leasehold
payments or ground rents, if any. Borrower shall pay these obligations in the manner prescribed by
Mortgagee and on time directly to the person owed payment. Borrower shall promptly fumish to
Mortgagee all notices of amounts to be paid under this paragraph. If Borrower makes these payments
directly, Borrower shall promptly fumish to Mortgagee receipts evidencing the payments.
Borrower shall promptly discharge any lien which has priority over this Security Instrument unless
Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner
acceptable to Mortgagee; (b) contests in good faith the lien by, or defends against enforcement of the
lien in, legal proceedings which in the Mortgagee's opinion operate to prevent the enforcement of the lien
or forfeiture of any part of the Property; or (c) secures from the holder of the lien an agreement
satisfactory to Mortgagee subordinating the lien to this Security Instrument. If Mortgagee determines
that any part of the Property is subject to a lien which may attain priority over this Security Instrument,
Mortgagee may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or
more of the actions set forth above within 10 days of the giving of notice.
6. Hazard Insurance. Borrower shall keep the improvements now existing or hereafter erected on
the Property insured against loss by fire, hazards included within the term "extended coverage" and any
other hazards for which Mortgagee requires insurance. This insurance shall be maintained in the
amounts and for the periods that Mortgagee requires. The insurance carver providing the insurance
shall be chosen by Borrower subject to Mortgagee's approval which shall not be unreasonably withheld.
All insurance policies and renewals shall be acceptable to Mortgagee and shall include a standard
mortgage clause. Mortgagee shall have the right to hold the policies and renewals. If Mortgagee
requires, Borrower shall promptly give to Mortgagee all receipts of paid premiums and renewal notices.
In the event of loss, Borrower shall give prompt notice to the insurance carrier and Mortgagee.
Mortgagee may make proof of loss if not made promptly by Borrower,
Unless Mortgagee and Borrower otherwise agree in writing, insurance proceeds shall be applied to
restoration or repair of the Property damaged, if the restoration or repair is economically feasible and
Mortgagee's security is not lessened. If the restoration or repair is not economically feasible or
Mortgagee's security would be lessened, the insurance proceeds shall be applied to the sums secured by
this Security Instrument, whether or not then due, with any excess paid to Borrower. If Borrower
abandons the Property, or does not answer within 30 days a notice from Mortgagee that the insurance
carrier has offered to settle a claim, then Mortgagee may collect the insurance proceeds. Mortgagee
may use the proceeds to repair or restore the Property or to pay sums secured by this Security
Instrument, whether or not then due. The 30-day period will begin when the notice is given.
Unless the Note provides otherwise, any application of proceeds to principal shall not extend or
postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount
of the payments. If under paragraph 18 the Property is acquired by Mortgagee, Borrower's right to any
insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass
to Mortgagee to the extent of the sums secured by this Security Instrument immediately prior to the
acquisition.
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6. Preservation and Maintenance of Property; Leaseholds. Borrower shall not destroy, damage or
substantially change the Property, allow the Property to deteriorate or commit waste. If this Security
Instrument is on a leasehold, Borrower shall comply with the provisions of the lease, and if Borrower
acquires fee title to the Property, the leasehold and fee title shall not merge unless Mortgagee agrees to
the merger in writing.
7. Protection of Mortgagee's Rights in the Property; Mortgage Insurance. If Borrower fails to
perform the covenants and agreements contained in this Security Instrument, or there is a legal
proceeding that may significantly affect Mortgagee's rights in the Property (such as a proceeding in
bankruptcy, probate, for condemnation or to enforce laws or regulations), then Mortgagee may do and
pay for whatever is necessary to protect the value of the Property and Mortgagee's rights in the Property.
Mortgagee's actions may include paying any sums secured by a lien which has priority over this Security
Instrument, appearing in court, paying reasonable attomeys' fees actually incurred if and as permitted by
applicable law, and entering on the Property to make repairs. Although Mortgagee may take action
under this paragraph 7. Mortgagee does not have to do so.
Any amounts disbursed by Mortgagee under this paragraph 7 shall become additional debt of
Borrower secured by this Security Instrument. Unless Borrower and Mortgagee agree to other terms of
payment, these amounts shall bear interest from the date of disbursement at the Note rate and shall be
payable, with interest, upon notice from Mortgagee to Borrower requesting payment.
If Mortgagee required mortgage insurance as a condition of making the loan secured by this Security
Instrument, Borrower shall pay the premiums required to maintain the insurance in effect until such time
as the requirement for the insurance terminates in accordance with Borrower's and Mortgagee's written
agreement or applicable law.
a. Inspection. Mortgagee or its agent may make reasonable entries upon and inspections of the
Property. Mortgagee shall give Borrower notice at the time of or prior to an inspection specifying
reasonable cause for the inspection.
9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in
connection with any condemnation or other taking of any part of the Property, or for conveyance in lieu
of condemnation, are hereby assigned and shall be paid to Mortgagee.
In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by
this Security Instrument, whether or not then due, with any excess paid to Borrower. In the event of a
partial taking of the Property, unless Borrower and Mortgagee otherwise agree in writing, the sums
secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the
following fractions: (a) the total amount of the sums secured immediately before the taking, divided by
(b) the fair market value of the Property immediately before the taking. Any balance shall be paid to
Borrower.
If the Property is abandoned by Borrower, or if, after notice by Mortgagee to Borrower that the
condemnor offers to make an award or settle a claim for damages, Borrower fails to respond to
Mortgagee within 30 days after the date the notice is given, Mortgagee is authorized to collect and apply
the proceeds, at Its option, either to restoration or repair of the Property or to the sums secured by this
Security Instrument whether or not then due.
Unless the Note provides otherwise, any application of proceeds to principal shall not extend or
postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount
of such payments.
10. Borrower Not Released; Forbearance By Mortgagee Not a Waiver. Extension of the time for
payment or modification of amortization of the sums secured by this Security Instrument granted by
Mortgagee to any successor in interest of Borrower shall not operate to release the liability of the original
Borrower or Borrowers successors in interest. Mortgagee shall not be required to commence
proceedings against any successor in interest or refuse to extend time for payment or otherwise modify
amortization of the sums secured by this Security Instrument by reason of any demand made by the
original Borrower or Borrower's successors in interest. Any forbearance by Mortgagee in exercising any
right or remedy shall not be a waiver of 6r preclude the exercise of any right or remedy.
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11. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants
and agreements of this Security Instrument shall bind and benefit the successors and assigns of
Mortgagee and Borrower, subject to the provisions of paragraph 16. Borrower's covenants and
agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but !does not
execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that
Borrowers interest In the Property under the terms of this Security Instrument; (b) Is not personally
obligated to pay the sums secured by this Security Instrument; and (c) agrees that Mortgagee and any
other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the
terms of this Security Instrument or the Note without that Borrowers consent.
12. Loan Charges, If the loan secured by this Security Instrument is subject to a law which sets
maximum loan charges, and that law is finally interpreted so that the interest or other loan charges
collected or to be collected in connection with the loan exceed the permitted limits, then, (a) any such
loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and
(b) any sums already collected from Borrower which exceeded permitted limits will be refunded to
Borrower. Mortgagee may choose to make this refund by reducing the principal owed under the Note or
by making a direct payment to Borrower.
13. Notices. Any notice to Borrower provided for in this Security instrument shall be given by
delivering it or by mailing it by first class mail unless applicable law requires use of another method. The
notice shall be directed to the Property Address or any other address Borrower designates by notice to
Mortgagee. Any notice to Mortgagee shall be given by first class mail to Mortgagee's address stated
herein or any other address Mortgagee designates by notice to Borrower. Any notice provided for in this
Securtty Instrument shall be deemed to have been given to Borrower or Mortgagee when given as
provided in this paragraph.
14. Governing Law; Severability. This Security Instrument shall be governed by federal law and the
law of the jurisdiction in which the Property is located. In the event that any provision or clause of this
Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other
provisions of this Security Instrument or the Note which can be given effect without the conflicting
provision. To this end the provisions of this Security Instrument and the Note are declared to be
severable.
15. Borrower's copy. Borrower shall be given one conformed copy of the Note and of this Security
Instrument.
16. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property
or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and
Borrower is not a natural person) without Mortgagee's prior written consent, Mortgagee may, at its option,
require Immediate payment in full of all sums secured by this Security Instrument. However, this option
shall not be exercised if the exercise of this option by Mortgagee is prohibited by federal law as of the
date of this Security Instrument.
If Mortgagee exercises this option, Mortgagee shall give Borrower notice of acceleration. The notice
shall provide a period if not less than 30 days from the date the notice is delivered or mailed within which
Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums
prior to the expiration of this period, Mortgagee may invoke any remedies permitted by this Security
Instrument without further notice or demand on Borrower.
17. Borrower's Right to Reinstate. To the extent required by applicable law, Borrower may have
the right to have enforcement of this Security Instrument discontinued. Upon reinstatement by Borrower,
this Security Instrument and the obligations secured thereby shall remain fully effective as if no
acceleration had occurred.
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16. Acceleration; Remedies. Except as provided in paragraph 16, if Borrower is in default due
to the occurrence of any of the events of default provided in the "DEFAULT; TERMINATION AND
ACCELERATION BY MORTGAGEE" provision of the Note, Mortgagee shall give Borrower notice
specifying: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30
days from the date the notice is given to Borrower, by which the default must be cured; and (d)
that failure to cure the default on or before the date specified in the notice may result in
acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding
and sale of the Property. If the default is not cured on or before the date specified in the notice,
Mortgagee at its option may require immediate payment in full of all sums secured by this
Security Instrument without further demand and may foreclose this Security Instrument by
judicial proceeding. Mortgagee shall be entitled to collect all expenses incurred in pursuing the
remedies provided in this paragraph 18, including, but not limited to, reasonable attorneys' fees
actually incurred if and as permitted by applicable law and costs of title evidence.
19, Mortgagee in Possession; Assignment of Rents. Upon acceleration under paragraph 18 or
abandonment of the Property, Mortgagee (by judicially appointed receiver) shall be entitled to enter
upon, take possession of and manage the Property and to collect the rents of the Property including
those past due. Any rents collected by Mortgagee or the receiver shall be applied first to payment of the
costs of management of the Property and collection of rents, including, but not limited to, receiver's fees,
premiums on receiver's bonds and reasonable attomeys' fees if and as permitted by applicable law, and
then to the sums secured by this Security Instrument. Nothing herein contained shall be construed as
constituting Mortgagee a "mortgagee in possession," unless Mortgagee shall have entered into and shall
remain in actual possession of the Property.
20. Release. Upon payment of all sums secured by this Security Instrument, Mortgagee shall
discharge this Security Instrument. Borrower shall pay any recordation costs.
21. Advances to Protect Security. This Security Instrument shall secure the unpaid balance of
advances made by Mortgagee, with respect to the Property, for the payment of taxes, assessments,
Insurance premiums and costs incurred for the protection of the Property.
22. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is
entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time
under the Note.
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this
Security Instrument.
Seal
BorrowerDARWIN M HOFFHEINS (DFCEASFZ)
)
orrowerl.OUISE B HOFFHEINS J (Seal
.TH OF PENNSYLVANIA, COUNTY OF ct1MBEgI-ANn ss:
On this 6th day of -TIMP 2nnA before me,
BRENDA R BISHOP undersigned officer, personally appeared
DARWIN HOFFHEINS (nF.? -r?IM) AND L.011rSE H HOFFHEINS
known to me (or satisfactorily proven) to be the PERSON whose NAME I_ subscribed to the within
instrument and acknowledged that SHE executed the same for the purposes therein contained.
WITNESS my hand• and,official seal, the day and year aforesaid.
(SEAL) : , ;` , ~,F• ;, ?''
My CommissiorF 4. MARCH 14 2
#F> ?1?I,,tary Public of P nsylvanla
COMMONWEALTH OF PENNSYLVAr
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Brenda K PubUc
`` Cerllsle Bao. Curnberlacd cowty
. ,? My Commission Expires Mar. 14, 2008
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,%fte.
CERTIFICATE OF RESIDENCE
I,RIlMBERLY S WHTTIr of
AMERICAN GENERA FINANCIAL. SLRVTC&c INC
Mortgagee named in the foregoing mortgage, hereby certify
that the correct residence address of said Mortgagee is
b_ S HANAVRR ST , -ARI._TSI_P. PO 17(11 3-lens
Witness my hand, this (thday of Jtina
- gent of Mortgagee
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*-0,
ROBERT P. ZIEGLECt
RECORDER OF DEEDS
CUMBERLAND COUNTY
I. COURTHOUSE SQUARE
CARLISLE, PA 17013
717-240-6370
Instrument Number - 200819575
Recorded On 6/11/2008 At 2:06:18 PM
* Instrument Type - MORTGAGE
Invoice Number - 22805 User ID -.1M
* Mortgagor - HOFFHEINS, LOUISE B
* Mortgagee - AMERICAN GENERAL FIN SER INC.
* Customer - AMERICAN GENERAL
* FEES
STATE WRIT TAX $0.50
STATE JCS/ACCESS TO $10.00
JUSTICE
RECORDING FEES - $17.50
RECORDER OF DEEDS
AFFORDABLE SOUSING $11.50
COUNTY ARCHIVES FEE $2.00
ROD ARCHIVES FEE $3.00
TOTAL PAID $44.50
* Total Pages - 8
Certification Page
DO NOT DETACH
This page is now part
of this legal document.
I Certify this to be recorded
in Cumberland County PA
P U
n RECORDER O . D ABEDS
q
- Information denoted by an asterisk may change during
the verification process and may not be reflected on this page.
P 10/2(
?IIRIIINIIIItlII?
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Secondary Mortgage Loan AMERICAN
Thl
s agreement is subject to the provisions of the Secondary Mortgage Loan Act
AMERICAN GENERAL HOME EQUITY UNE OF CREDIT AGREEMENT I GENERAL
FINANCIAL SERVICI
ACCOUNT NUMBER 42417536
DATE 06/06/08 CREDIT LIMITS 40000.00 TYPE OF LOAN (Alpha) X00
LENDERIBECURED PARTY NAME AND ADDRESS ("Lender") LENDER'S TELEPHONE NUMBER. 717-243-6055
AMERICAN GENERAL FINANCIAL SERVICES, INC.
6 S HANOVER ST
CARLISLE, PA 17013-3306
BORROWER(S) NAME AND ADDRESS
LOUISE B HOFFHEINS
23 VALLEY ST
CARLISLE, PA 17013
PROPER TY THAT SECURES THIS LINE OF CREDIT
0 Conventional Home and Real Estate [:] Manufactured Home and Real Estate Other Real Estate
PROPERTY ADDRESS PROPERTY ADDRESS PROPERTY ADDRESS
23 VALLEY ST
CARLISLE, PA 17013
1. Meaning of Some Words. In this Agreement, the words "Borrower," "I," "me,' *my," "we," and "our" mean all perso
signing this Agreement as a "Borrower" or "Co-Borrower." The words "Lender," you," and "your" mean
AMERICAN GEMMA. FINANCIAL SERVICES INC
successors, and assigns.
2. Home Equity Line of Credit Agreement. Lender has opened a Line of Credit for me (my "Account"). This Amedci
General Home Equity Line of Credit Agreement ("Agreement") states the terms and conditions of my Account. I have read it
Agreement carefully and will keep a copy for my records.
3. Credit UmIL The maximum amount of credit available to me under this. Agreement IS called my Credit Limit. My Crer
Limn is stated above. The total amount I owe Lender at any time under this Agreement and my Security Instrument (defined
Section 5 below) is called my Total Balance. The total amount available for me to borrow from my Account at any time is ealii
my Available Credit. My Available Credit equals my Credit Limit, less my outstanding Principal Balance. My Principal Balanr
is the amount I owe Lender for each Draw (defined in Section 7 below) on my Account, as well as any fees and charges that a
added to my Principal Balance and any credit insurance premiums.
4. Promise to Pay. I promise to pay to the order of Lender my Total Balance_ If more than one Borrower signs it,
Agreement, all of us are bound by this Agreement, and each of us, together and individually, will keep all of the promises v
make in this Agreement, including our Promise to Pay. If someone other than a Borrower uses my Account, I promise to p;
amounts owed to Lender because of Draws by that person, even if that person did not have my permission and even if I to
Lender that the person was using my Account, to the extent permitted by applicable law.
5. Security Interest. At the time I sign this Agreement, I also will give Lender a mortgage, deed of trust, and/or other securi
instrument (the "Security Instrument's. The Security Instrument gives Lender a security interest in the property (the "Secud
Interest's described at the beginning of this Agreement (the "Property"). Lender's Security interest will be limited to my Crer
Limit plus any unpaid finance charges. The Property will be used as the principal residence of at least one Borrower, unle
Lender otherwise agrees. I agree not to allow any other lien to be filed against the Property that will be superior to or adverse
affect Lender's Security Interest.
The Security Instrument will not secure other debts I owe Lender, unless it specifically states that It secures those debts. Tt
Agreement and my Account will not be secured by a mortgage, deed of trust, or other security instrument on anyone's princir
residence, unless the mortgage, deed of trust, or other security agreement specifically states that it secures this Agreement.
6. Using My Account.
Right to Cancel. If the Property is the principal residence of any Borrower, I may be entitled to cancel all or a part of it
Agreement under the Truth in Lending Act and Regulation 2 or other applicable law. If Lender gives me a Right to Cancel
may not use my Account until the Right to Cancel expires. I may also be entitled to rescind a Security Interest added
increased In the event that the Credit Limft on my Account is increased.
The Term of This Agreement. The term of this Agreement is divided into two periods: the --I year "Draw Period" and t
"Repayment Period." The Repayment Period will vary depending on the payment option I choose.
Draw Period. An advance of funds from my Account is called a Draw. This Agreement and the Draw Period begin
06/06/08. The Draw Period will continue for--L years and will end on ruin5/1-i (the "Last Draw Date').
Repayment Period. After the Draw Period ends, the Repayment Period begins ("Repayment Period"). During I
Repayment Period, I may not take any Draws, and I must repay the Total Balance in accordance with the payment optio
choose.
Credit Limit. I may make Draws on my Account up to my Credit Limit; however, I may not take a Draw greater than r
Available Credit. If I do request a Draw greater than my Available Credit In violation of this Agreement, Lender may but
n..t nkiinataA to h^..nr that rim- ran..aa4 aM I andar ie nn} nhrinatari in hnnnr fiihiro nraw mniipsft in PXr`RCA of my Gra
ma
7. dQs. Then: are two kinds of Draws: the "First Draw" and "Subsequent Draws."
First Draw. I must take a First Draw in the minimum amount of $ 1_on _ on„ on Qf, 111 /na (the "First Draw Date'. A
First Draw will be paid to me by check. In addition to my First Draw, any Fees due under this Agreement that I choose
finance will be added to my Principal Balance. ,
SEE ADDITIONAL PAGES FOR IMPORTANT INFORMATION
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AMERICAN GENERAL HOME EQUITY LANE OF CREDIT AGREEMENT (con't)
Subsequent Draws. I may take Subsequent Draws during the Draw Period by writing special checks from time to t
(each, a "Check', but I may not request a Subsequent Draw for an amount greater than my Available Credit, E
Subsequent Draw must be for at least $100.00. Immediately after any Subsequent Draw, my Principal Balance n
exceed S NIA . I may obtain Subsequent Draws at Lender's offices or by using my Checks I receive from Lem
Lender may charge amounts to my Account as Subsequent Draws to protect Lender's Security Interest in the Property,
stated in the Security Instrument, at any time.
he aks. I can use my
of the Check to Checks, Account, even if it Is terms poof this Agreement. st-dated, stale. or will cause met exceed Check,
Credit Limit. Londe
not obligated to pay Checks that will cause me to exceed my Credit Limit, but, if Lender does so, Lender is not obligate(
do so again in the future. Checks will not be returned with my Monthly Statements. Lender can pay Checks in any ord(
chooses even though this may affect whether I exceed my Credit Limit, unless otherwise required by law.
Stop Payment Requests. If I ask, Lender may attempt to stop payment on a Check, but Lender will have no liability to
if Lender does not. An oral request to stop payment is good for only fourteen (14) calendar days unless I confirm it in will
within that period. A written request is good for only six (6) months unless I renew it in writing within that period. 1
contact Lender immediately if I wish to stop payment on a Check. Lender then will send me a "Stop Payment Request" fc
that I must sign and return to Lender. Lender will advise me of other rules that will apply to Stop Payment Requests..
Loss of Checks. I must notify Lender immediately If any of my Checks are lost or stolen or if I loam that any of the Cher
have been used without my permission. To report the loss or theft of my Checks. I may write to Lender at the address list
at the beginning of this Agreement or on my Monthly Statement ("Lender's Address") or call Lender at the telephone numl
listed at the beginning of this Agreement or on my Monthly Statement ("Lender's Telephone Number'. Lender may char
Lender's Address or Lender's Telephone Number by telling me in my Monthly Statement. If my Account is closed for F
reason, I agree to return all unused Checks to Lender immediately.
Restrictions on Draws. Lender may refuse to honor any Draw request:
(a) that will cause me to exceed my Credit Limit;
(b) that I try to use to make any payments on my Account or any other account due to Lender, unless I first get Lender's
permission in writing;
(c) that does not comply with this Agreement;
(d) if Lender has suspended or terminated my Account; or
(e) if I am otherwise in default of this Agreement.
Lender is not responsible if I am dissatisfied with the goods or services I have purchased or leased with Draws from r
Account or if anyone does not accept my Check.
6. How My Finance Charges Are Computed. Finance charges will be assessed on my Account in the form of Additional Fe
described in Section 10 below and by applying the applicable daily periodic rate disclosed in Section 9 below to the avem
dairy balance on my Account and then multiplying the resulting product by the number of days in the billing cycle. The Finan
Charge calculated in this manner will never exceed the Finance Charge that would result from applying the daily periodic rate
the daily balance for each day of the billing cycle. Finance charges will be disclosed on my Monthly Statement as the Finam
Charge. The daily periodic rate applied to my Account will be determined by dividing the annual percentage rate applicable
my Account (the 'Annual Percentage Rate's for the billing cycle by 365 (the "Daily Periodic Rate").
Calculation of Average Daily Balance. Lender figures a portion of the Finance Charge on my Account by applying the Dai
Periodic Rate to the average daily balance on my Account. To get the average daily balance, Lender takes the beginnir
Principal Balance (which excludes any accrued and unpaid finance charges resulting from the daily periodic rate) on n
Account each day, adds any new Draws, Fees (as defined below) and credit insurance premiums (except as otherwise provide
in this Agreement), and subtracts any payments or credits. This gives Lender the "Closing Daily Balance" on my Accour
Then, Lender adds all the Closing Daily Balances for the billing cycle and divides the total by the number of days in the billir
cycle. This gives Lender the "Average Daily Balance" The Closing Daily Balance will reflect payments, credits, draws, ar
debits posted to my Account each day but will not Include any unpaid finance charges resulting from the daily periodic rate.
No Grace Period. There is no grace period during which I can make a Payment and avoid a Finance Charge. Finance charge
will begin to accrue on a ay that raws, Fees as defined below), or credit insurance premiums are posted to my Account.
9. Annual Percentage Rates/Daily Periodic Rates. The interest rate that Lender uses to calculate a portion of the Financ
Charge on my Account is called an Annual Percentage Rate or a Daily Periodic Rate. The Annual Percentage Rate is the Dai
Periodic Rate of interest on my Account expressed as an annual rate.
® Fixed Annual Percentage Rate/Daily Periodic Rate. The ANNUAL PERCENTAGE RATE applied to my Accoui
is A2.170%. The Daily Periodic Rate applied to my.Account is 0353%.
0 Variable Annual Percentage Rate/Daily Periodic Rate. My Annual Percentage Rate and Daily Periodic Rate ma
change N/A . The Annual Percentage Rate and the Daily Periodic Rate on my Account are based on an inde)
The index is the highest Prime Rate in the "Money Rates" listing in The Wall Street Journal on the first business day after th
14th day of the month preceding each N/A anniversary of my Account. The anniversary of my Account i
N/A from the Date of Agreement above and the same date of each N/A thereafter (m
"Anniversary'). To get my Annual Percentage Rate, Lender adds N/A percentage point(s) (the "Margin") to the index. M
initial ANNUAL PERCENTAGE RATE is YA.%, and my initial Daily Periodic Rate is ZA %. If the index become
unavailable during the term of this Agreement, Lender may use a comparable index after Lender notifies me_
Rate Changes. The Annual Percentage Rate can change N/A , but the rate cannot increase or decrease by mor
than N/A percentage point(s) at any rate change. Changes in the Annual Percentage Rate and Daily Periodic Rate for m
Account will take effect on the first day of the billing cycle beginning on or after the Anniversary of my Account. My Monthl
Statement will show the Annual Percentage Rate and Daily Periodic Rate that applied to my Account during the billing cycle
Increases in the Annual Percentage Rate and Daily Periodic Rate for my Account may result in a greater Finance Charge an
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never be more than N A %, which is the same as a Daily Periodic Rate of EL L_%, or be less than jj °1b, which i!
? thb same as a Daily Periodic Rate of
SEE ADDITIONAL PAGES FOR IMPORTANT INFORMATION
Page 2 Borrower's Initials
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AMERICAN GENERAL HOME EQUITY LINE OF CREDIT AGREEMENT (con't)
? Introductory Discount for Annual Percentage Rate/Daily Periodic Rate. Initially, during the discount period, t
Annual Percentage Rate and Daily Periodic Rate applicable to my Account will not be the Annual Percentage Rate and Da
Periodic Rate shown above. The Introductory ANNUAL PERCENTAGE RATE is x/A %, and the Introductory Da
Periodic Rate Is N/A %. The Introductory Annual Percentage Rate and Daily Periodic Rate applicable to my Account will
In effect from the First Draw Date through the first j1L billing cycles. Thereafter, beginning on the first day of the next billi
cycle, the Annual Percentage Rate and Daily Periodic Rates shown above will apply.
Each Annual Percentage Rate disclosed above includes only interest and not other charges.
10. Fees. I agree to pay certain fees and charges ("Fees' as provided below. I agree that Lender may charge these Fees
my Account and Include these Fees in my Principal Balance, except as otherwise provided in this Agreement. Fees will not
refunded if my Account is closed for any reason, unless required by law.
Loan Fees. I agree to pay the following Loan Fees in connection with my Account. If I do not pay the Loan Fees in cash whe
open my Account, funds may be advanced from my Account to pay these Loan Fees at the time I take my First Draw.
Loan Fees Paid to lender.
Loan Fees Paid to Third Parties.
$ 542.50 Title Insurance Fee
$ 350.00 Appraisal Fee
$ 46.50 Recording/Releasing Fees RE
Additional Fees. I also agree to pay the following Additional Fees on my Account. These Fees are an additional kind
FINANCE CHARGE. These Additional Fees will appear on my first Monthly Statement in the "FINANCE CHARGE" box.
Additional Fees Paid to Lender.
$ 1200.00 Points
Additional Fees Paid to Third Parties.
Account Fees. If checked, Lender may charge the following Fees to my Account:
? Initial Annual Fee. Lender may charge an Annual Fee on my Account on my first Monthly Statement. The Initial Anni
Fee is $ x/A
? subsequent Annual Fee. Lender may charge a subsequent Annual Fee on my Account on each annual anniversi
during my Draw Period- The subsequent Annual Fee is $ N/A
0 Late Fee. I may have to pay a Late Fee as more fully described in Section 34.
Returned Check Fee. I may be required to pay a Returned Check Fee as more fully described In Section 35.
? Reconveyance Fee. I may be required to pay a Rec onveyance Fee as more fully described in Section 36.
11. Payment Options. Each month I must pay at least the Minimum Payment shown on each of my Monthly Statements
the payment due date. I may make larger payments on my Account at any time and in any amount, but I still must make a
Minimum Payment due for the month(s) following that larger payment. The larger my payments, the smaller the total Finar
Charge I will have to pay over the term of this Agreement. I may pay the Total Balance on my Account in full at any tin
however, I may be required to pay a Prepayment/Termination Fee, as provided in Section 33.
? Percent of New Balance Option. Under this'option and subject to any balloon payment below, my Minimum Payme
will be due monthly and will include any Past Due Amounts and any Late Fee and any Returned Check Fees assessed for
billing cycle, plus a Current Payment equal to N/A % of the sum of the Principal Balance, the finance charges, and <
credit insurance premiums assessed for the current billing cycle.
Assumed Tenn Option. Under this option and subject to any balloon payment below, my Minimum Payment will be c
monthly and will include a Current Payment equal to an amount that would amortize the Principal Balance and the Finer
Charge to be earned on my Principal Balance over an assumed term of J.L years (the "Assumed Term") in substantially eq
amounts each billing cycle. plus any Past Due Amounts and any credit insurance premiums, any Late Fee, and any Retun
Check Fees assessed for the billing cycle. During my Draw Period, if my Principal Balance changes because I take a Di
and/or Fees are charged to my Account or if my Annual Percentage Rate changes (other than an adjustment resulting from
expiration of an Introductory Rate), my Current Payment will be adjusted at the end of the billing cycle in which the char
occurs to an amount that would amortize my Principal Balance and the Finance Charge to be earned on my Principal Balancr
substantially equal amounts each billing cycle over my Assumed Tenn; however, the due date of any balloon payment be
will remain the same. During the Repayment Period, each time my Annual Percentage Rate Is adjusted or an advance is m,
from my Account pursuant to this Agreement, my Current Payment will also be adjusted to an amount that would amortize
Principal Balance and the Finance Charge to be earned over the remainder of my Assumed Term; however, the due date of r
balloon payment below will remain the same.
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equal $ 50 _ on or the New Balance shown on my Monthly Statement, whichever is less.
D woon Payment. If I only make the required Current Payments on my Account, they will not be sufficient to repay
Total Balance. I will then be required to pay my remaining Total Balance in a single "Balloon Payment" on _N f A
MONTKDAYNEAR
SEE ADDITIONAL. PAGES FOR IMPORTANT INFORMATION
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AMERICAN GENERAL HOME EQUITY LINE OF CREDIT AGREEMENT (con't)
Allocation of Payments, Account payments will be applied first to any Late Fee, then to any Returned Check Fee, any cn
life insurance premiums billed (where applicable),. any credit involuntary unemployment insurance premiums billed (wh
applicable), then to finance charges assessed on my Account, and finally to the Principal Balance of my Account, unli
otherwise required by law. Credit Insurance premiums are billed as of the Billing Cycle Closing Date as defined in Section
below,
Form of Payments. I must make my payments by check, money order, or similar instrument payable in U.S, funds and dra
on a financial institution located in the U.S. I may not mail Lender cash or use a Check (see Section 7 above) to pay Lenc
however, I may make my payments in cash In person at any of Lenders offices. I agree not to send Lender payments marl
"paid in full," "without recourse," or similar language unless those payments are marked for special handling and sent
Lender's office servicing my Account.
Where to Send My Payments. I must send my payment to Lenders Address listed on my Monthly Statement. Payments t
Lender receives at Lenders Address by 3 PM each business day will be credited to my Account as of the date of rece
Payments that Lender receives at Lenders Address after this time will be treated as received by Lender on the next busim
day. Payments received at any other location will be credited no later than five (5) days after Lender receives them to
credited. I will be sure to Include my payment coupon with my payment. If I fail to include my payment coupon, my paym
may not be credited to my Account for up to five (5) days. Delayed crediting may cause me to incur a Late Fee and
additional finance charges.
First Payment Due Date. If your account has a balance as of the dosing date, your first payment due date will be aMa jai
MO ynl
11 Monthly Statements. Lender will bill me for payments due on my Account, every month, by sending me a bill
statement, called a Monthly Statement. The period of time covered by each Monthly Statement is called a "Billing Cycle,"
first Billing Cycle begins on the Date of Agreement. The last day of each Billing Cycle is called the "Billing Cycle Closing Dal
Each Monthly Statement will show the activity on my Account during the Billing Cycle. The day of the month when ea
payment will be due Is shown after the words "Payment must be received on or before" (the 'Payment Due Date'). Ea
Monthly Statement will show the Billing Cycle Closing Date, the Payment Due Date for the Billing Cycle, and certain oil
required information. Lender will send each Monthly Statement to the Borrowers address listed at the top of page 1 of t
Agreement, called 'Borrowers Address."
When Lender Will Send My Monthly Statements. Lender will send me a Monthly Statement for each Billing Cycle in whi
(1) Lender charges a Finance Charge; (2) Lender charges a Fee; (3) there is any other activity on my Account; or (4) the i
requires that Lender send me a Monthly Statement.
Billing Errors. I should review each Monthly Statement carefully and advise Lender in writing of any errors within sixty (t
days of the Billing Cycle Closing Date, as more fully explained on the Billing Rights Statement that accompanies t
Agreement-
13. When Lender May Prohibit Subsequent Draws or Reduce My Credit Limit To the extent permitted by applicable I
and as provided in the Agreement, Lender may prohibit Subsequent Draws or reduce my Credit Limit If.
(a) The value of the Property decreases significantly below the appraised value of the Property. The appraised value of
Property is the value shown by Lenders most recent appraisal of the Property (the Appraised Value'); or
(b) Lender reasonably believes that I will be unable to make my Minimum Payments on time because of a mate)
adverse change in my financial circumstances; or
(c) I am in default of a material obligation under this Agreement. A material obligation Irlcludes, but is not limited to, i
promise: @ to notify Lender immediately should there be an adverse change in my credit or financial condition: (ii)
give Lender updated financial or credit information upon request; (iii) not to permit any lien to be filed against t
Property that will be superior to Lenders Security Interest; and (iv) not to exceed my Credit Limit; or
(d) Government action: () prevents Lender from charging any Annual Percentage Rate provided under this Agreement;
(II) adversely affects the priority of Lenders Security Interest in the Property to the extent that the value of Londe
Security interest is less than 120% of my Credit Limit; or
(e) When the maximum Annual Percentage Rate under this Agreement is reached; or
(1) Lenders' regulators consider Subsequent Draws to be an unsafe and unsound lending practice; or
(g) I ask Lender to reduce or limit my Subsequent Draws; or
(h) Any event listed in Section 15 below occurs.
How to Reinstate My Account. Lender will reinstate my Account during the Draw Period it: (1) 1 ask Lender in writing
reinstate; (2) 1 pay any Credit report fees and any appraisal fee Lender incurs to update Lenders credit information about me;
Lender agrees that the reason that caused Lender to prohibit Subsequent Draws or reduce the Credit Limit no longer exists; a
(4) there is no other reason for Lender to prohibit Subsequent Draws or reduce my Credit Limit, Lender may require that
Borrowers sign any request to reinstate.
14, Required Property Insurance. I am required to maintain hazard Insurance on the Property in types and amow
acceptable to Lender ("Required Insurance"). I have the option of providing the Required Insyrance through an existing pole
of insurance owned or controlled by me, or through a policy to be obtained and paid for by me. I may purchase this Requir
insurance through an insurer, insurance agent, or broker of m choice that is acce able to Lender, Lender may for reasonal
cause decline any insurance provide by me. Required insurance is not available or purchase through lender. Requir
Insurance must: (a) insure the Property against all risks of physical damage, including loss by fire and other hazards for t
term of the Agreement; (b) have terms and amounts satisfactory to Lender, (c) name Lender as loss payee or mortgagee;
not permit the addition of any other loss payee or mortgagee to the Insurance policy unless Lender consents in writing;
provide that such Insurance will not be canceled or modified without at least fifteen (15) days prior written notice to the Ic
payee or mortgagee; and (f) not include any disclaimer of the insurers liability for failure to give such notice. 1 agree to provi
Lender with satisfactory proof of my Required Insurance.
I agree to keep my Required insurance in force until all amounts that I owe Lender under this Agreement and the Secui
instrument are paid in full, my Account is terminated, and Lender releases or discharges the Security Instrument. In case
rtamana to nr Incc of tho Pmnwrtv I anrww In nivP nmmnt nnfirr. to I amlwr and 1hw incuranrA rarriar. If I fail to nmmotly notify
rna(ce N1uu1 u( wab to uIC niburenua cxintCr, LGIIUGI 111dy kuut is uut itxtunCu tvJ uv aou Vol lily uaieau. 1 ayiGO ulat f-011UQ1 allay uo
any insurance proceeds to reduce the amounts that I owe under this Agreement and the Security Instrument. I authorize Lend(
to:adjust my losses and sign my name to any check, draft, or other papers necessary to obtain such insurance payments.
insurance proceeds paid to Lender do not satisfy all amounts that I owe Lender under this Agreement and the Securil
Instrument, I remain responsible for payment of the balance of any amounts due under this Agreement 12 nd he Secures
Instrument.
SEE ADDITIONAL PAGES FOR IMPORTANT INFORMATION
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AMERICAN GENERAL HOME EQUITY LINE OF CREDIT AGREEMENT (cont)
P 15/
If, at any time, I fall to buy or keep in force my Required Insurance, Lender may (but is not required to) purchase Insurance
my expense to protect Lender's interest in the Property. I agree that Lender may, at Its sole option, cancel this insurance a
that Lender has a security interest in any unearned premiums from such insurance and I hereby assign to Lender any right
may have to said unearned premiums and I authorize and appoint Lender as my attomey-in•fact to cancel the insurance a
apply the unearned premiums to reduce my Account upon cancellation of said insurance. I agree that this Insurance may, 1
need not, protect my interests. The coverage purchased by Lender may not pay any claim I make. I agree that the cost
insurance purchased by Lender may be much more than the cost of insurance I could have obtained on my own, and I agr
that the cost of such insurance may, to the extent permitted by law, be added to my Principal Balance and accrue finan
charges. I authorize Lender to purchase the insurance required by this Agreement. I understand that Lender or its affiliate m
earn a profit from the purchase of this insurance, to the extent permitted by applicable law.
15. Default. To the extent permitted by applicable law, I will be in default of this Agreement if:
(a) I file for, or my creditors place me in, bankruptcy and I fail to meet the repayment terms of this Agreement; or
(b) I do not make any Minimum Payment by the Payment Due Date or otherwise fail to meet the repayment ten
provided for In this Agreement; or
(c) I commit fraud or materially misrepresent any information with regard to my Account, including, but not limited
material misrepresentations in my credit application, financial statements that I make to Lender, or any corresponden
or discussions that I have with Lender about my Account; or
(d) Any action or inaction by me adversely affects Lender's Security Interest in the Property, for example: (i) I transfer ti
to the Property or sell the Property without Lender's prior written permission; (i) I do not maintain Required Insurer
on the Property; (ill) I do not pay, when due, taxes that would become a lien on the Property; (1v) I am the of
Borrower and I die; (v) I do not maintain the Property, I abandon the Property or I commit waste or otherw
destructively use the Property; (v) a lien that is superior to Lender's Security Interest is filed against the Property, o
lien that is subordinate to Lender's lien is filed against the Property and that lien adversely effects the Property
Lendef s rights in the Property; (vii) the Property Is taken by condemnation or eminent domain; (vill) the Property
foreclosed upon by another lien holder; (ix) another creditor attempts to enforce a judgment against the Property;
use the Property illegally such that the Property could be seized; or (xi) I move out of the Property; or
(e) One of two Borrowers dies and Lender's Security Interest is adversely affected thereby.
(For Kansas residents only, Lender believes the preceding events would significantly Impair the prospect of payme
performance, or realization of collateral. Except for a default resulting from my failure to make any payment as required .by ti
Agreement, the burden of establishing the prospect of such significant impairment is on the Lender.)
If I default, Lender may, subject to providing required notices and right to cure: (a) prohibit Subsequent Draws and; (b) redL
my Credit Limit and; (c) dose my Account and require me to pay Lender the Total Balance right away and; (d) foreclose on i
Property. If I default and Lender hires an attorney who is not Lender's employee to collect my Account, I will pay Lends
collection costs, including court costs and foreclosure costs and reasonable attomey's fees, to the extent permitted by applical
law.
All of Lenders rights and remedies shall be cumulative and nonexclusive with respect to each and every Borrower
Co-Borrower obligated under this Agreement.
16. When Lender May Close My Account. If I am in default, Lender may dose my Account and require me to pay the Tc
Balance immediately, after providing me any notice of default and opportunity to cure required by applicable law. If I am
default, Lender first may choose to take other action, such as prohibiting Subsequent Draws or reducing my Credit Lin
however, unless Lender reinstates my Account. Lender does not give up Lenders right to dose my Account and require me
pay Lender the Total Balance immediately, even if I do not default again. If Lender closes my Account and requires me to 1
Lender the Total Balance right away, I must pay the Total Balance I owe Lender Immediately. Until I pay Lender in full, 1
Principal Balance will continue to accrue finance charges at the rate disclosed in this Agreement, or the maximum rate alloy
by applicable law, whichever is less.
17. Closing My Account. Except as otherwise provided in this Agreement, I may close my Account at any time by call
Lender at Lenders Telephone Number and sending a written request to Lenders Address. Lender will close my Account wt
Lender receives my notice. If more than one person signs this Agreement as a Borrower, any Borrowers request to close
Account will be treated as a request to close this Account by all Borrowers. Lender may not honor any Check Lender receis
after Lender receives my notice. If I close my Account, I must stop using lt immediately and pay the Total Balance I c
Lender. Until I pay Lender In full, Lender will charge finance charges on the Principal Balance of my Account.
18. Credit Information. I must notify Lender immediately if there is any adverse change in my credit or financial conditior
will provide Lender with updated financial or credit information when Lender requests it. Lender may get consumer reports fr
consumer reporting agencies when Lender reviews my Account.
19. Notices. Lender will send me any notice required by this Agreement or by law to Borrowers Address. I will tell Lende
writing if Borrowers Address changes. If Lender mails me a letter, notice, or statement to Borrowers Address, Lender i
assume that I have received It. If I send Lender a notice or letter, I must send it to Lenders Address or any other addr
Lender specifies in my Monthly Statement.
20. Tax Deductions. Lender has made no promises to me nor advised me in any way whether the Finance Charges and F,
are "interest" that I may deduct on my tax returns. I should consult a tax advisor about deducting Finance Charges and Fees
my tax returns.
21. No Transfer. I will not transfer or assign any of my rights under this Agreement. Lender may transfer or assign any of
of Lenders rights under this Agreement.
22. Telephone Calls. Lender may listen to or record Lenders telephone calls with me for quality control purposes. Len
may use and I consent to the use of automated telephone equipment or prerecorded telephone calls to contact me about
Account, to the extent allowed by law. If I have a telephone answering device, Lender may leave messages about my Acct
33. No Waiver. Lender may choose to delay enforcing any of Lenders rights or waive any of Lender's rights under th
Agreement. Lender may delay enforcing or waiving any of Lenders rights without affecting Lenders other rights. If Lend
waives a right, Lender can still enforce the same right later.
SEE ADDITIONAL PAGES FOR IMPORTANT INFORMATION
UN"61 (0643.07) HELOC Agreement (5.6) Pape 5 Borrowers initials
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AMERICAN GENERAL HOME EQUITY LINE OF CREDIT AGREEMENT (Con't)
24. Lenders Errors. Lender does not intend to charge or collect any interest, charge, or fee that is more than the law atlol
If Lender charges or collects any amount over what the law allows, Lender will apply the excess amount first to the Princi
Balance due on my Account as a partial prepayment without any Prepayment/Termination Fee. If I have paid my Account
full, Lender will refund any excess amount. If any part of this Agreement is finally determined to be unenforceable under E
law, rule, or regulation, all other parts of this Agreement still are valid and enforceable.
25. How Lender May Change This Agreement. Subject to any state law requirements, Lender may change the terms oft
Agreement If., (a) I have already agreed to the change in this Agreement; (b) I agree to the change in writing at the time Lent
requests it; (c) the change unequivocally will benefit me during the remaining term of this Agreement; or (d) the change
insignificant (such as changes relating to Lenders data processing systems).
26. Entire Agreement. This Agreement, which includes the Insurance Disclosure Summary, if one was provided to p
contains the entire agreement of the parties with regard to the subject matter hereof, and no party hereto has relied upon a
representations except such as are specifically set forth herein. This Agreement cannot be modified in any respect except by
amendment in writing signed by the parties. All notices under this Agreement shall be in writing and directed to the parties
the addresses shown at the beginning of this Agreement or to such other address as a party may specify by notice'given
accordance with this paragraph.
27. Broker Representations. Borrower acknowledges that any broker involved in the transaction is not Lender's agent, a
Lender is not bound by any of the broker's representations.
26. Release of Security. Lender is not obligated to release the Security Instrument on the Property unless there are no Iont
any amounts owing to Lender under this Agreement and unless I indicate to Lender in writing that I want to terminate i
Account.
29. Not applicable.
30. Not applicable.
31. Miscellaneous. I waive the defenses of presentment, notice of dishonor, and protest. If any, to the enforcement of tl
Agreement and any Security Instrument. Time is of the essence of this Agreement. If any provision of this Agreement shall
adjudged or deemed invalid, illegal, or unenforceable, such provision shall be deemed stricken from this Agreement and t
remainder of the Agreement shall be construed as if such provision had never been included. Plural words shall be construed
the singular and singular words in the plural as their context may require, or as required to give effect to the terms of I
Agreement. I agree to cooperate in executing any extension or statement of maturity of the Security Instrument securing tl
Agreement.
32. Arbitration Agreement and Waiver of Jury Trial. (See following pages).
33. Voluntary Credit Insurance. Lender's affiliate may provide the credit insurance that I voluntarily select. Lender and/or
affiliates expect to profit from my purchase of voluntary credit and personal property insurance and I consent to this. The ten
"credit insurance" and "credit life insurance" include debtor group life insurance, where offered.
SEE ADDITIONAL PAGES FOR IMPORT IT INFORMATION
The following notice applies if the proceeds of this loan will be applied in whole or substantial part to a purchase of goods
from a seller who either refers consumers to the Lender or who is affiliated with the Lender by common control, contract,
or business arrangement:
NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND
DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES
OBTAINED WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED
1/We acknowledge that my/our monthly scheduled payments under my/our Agreement with Lender do not Include
payments for property taxes (or special assessments), or premiums for insurance covering the property. There are IlQ
escrow or impound accounts under my/our Agreement.
IMe agree to make required payment(s) to the appropriate taxing authority and/or insurance provider as the% a ue.
UNXT52 (0843-07) HELOC Agreement (5.6) page 6 Borrowers InMalr.
Y-UL- I r 14: U4 murD 1470 UdI L IDtC ( i r e"a j,"u u- u, c,uu „
AM ICAN GENERAL HOME EQUITY LINE OF CREDIT AGREEMENT (Cony)
ARBITRATION AGREEMENT AND WAIVER OF JURY TRIAL
DESCRIPTION OF ARBITRA ION. Arbitration is a method of resolving claims and disputes between parties without having to file a la%
In courL It 1s a process n both sides present their case to a neutral third person--the arbitratorAnstead of a judge or jury, to res
the dispute. TO THE FULL T EXTENT PERMITTED BY LAW, BY SIGNING THIS AGREEMENT, BOTH LENDER AND 1.
VOLUNTARILY WANING RIGHT TO A JURY TRIAL OR JUDGE TRIAL OF ALL CLAIMS AND DISPUTES COVERED BY I
ARBITRATION AGREEMENT ("this Arbitration Agreernm r).
CLAIMS D DISPUTES C D. Except for those claims mentioned below under the heading "MATTERS NOT COVEREC
ARBITRATION," Lender end 1 gree that either party may elect to resolve by BINDING ARBITRATION all claims and disputes betwee
("Covered Claims"). This ind es, but is not limited to, all claims and disputes arising out of, In connection with, or relating to:
My loan from L der today; any previous loan from Lender and any previous retail credit agreement ("Retail
Contract") wheth open or closed end, assigned to Lender; all documents, promotions, advertising, actions, or
omissions relatin to this or any previous loan or Retail Contract made by or assigned to Lender; any insurance
product, service ntract, or warranty purchased in connection with this or any previous loan or Retail Contract
made by or assi nod to Lender; any product or service offered to Lender's customers with any assistance or
Involvement by rider, whether the claim or dispute must be arbitrated; the validity and enforceability of this
Arbitration Agree ant and the Agreement, my understanding of them, or any defenses as to the validity and
enforceability of a Agreement and this Arbitration Agreement; any negotiations between Lender and me; the
closing, senrieing. collecting, or enforcement of any transaction covered by this Agreement; any allegation of. fraud, or misrepresents on; any claim based on or arising under any federal, state, or.local law, .statute, regulation,
ordinance, or rule any claim based on state or federal property laws; any claim basedon the Improper disclosure of
any information p otected under state or federal consumer privacy laws; any claim or dispute based on any alleged
tort (wrong), inclu ing intentional torts; and any claim for injunctive, declaratory, or equitable relief.
COVERED CLAIMS AGAINST THIRD PARTIES. This Arbitration Agreement also covers any claim or dispute between me and or
Lender's employees, officers, gents, or directors; any of its affiliate corporations; any entities which provided Insurance in connection
this or any previous transedi ns between me and Lender, any thins parties that assigned Retail Contracts or other agreements to Ler
and any of the employees, ffrcom, agents, or directors of such affiliates or third parties. Affiliate corporations are Lender's pt
corporations, subsidiary corp rations, and sister corporations. Some of Lenders-affiliates are American General F-Inance-Corpoia
American General Financial rvloes, Inc., Merit Life Insurance Co., and Yosemite Insurance Company. In addition, If Lender bevom
party in any lawsuit that I ha with any third party, whether through intervention by Lender or by motion made by me or any third part,
claims in that lawsuft between me and the third party will be subject to binding arbitration under this Agreement, provided that the third 1
Is required to agree to resolve such claims by arbitration,
MATTERS NOT COVERED BY 1 agree that Lender does not have to initiate arbitration before exercising lawful self-
remedies or judicial remedie o garms ment, repossession, replevin, or foreclosure, but instead may proceed in court for those juc
remedies (an "Excluded Coll oral Lawsuit'). I may assert in court any defenses I may have to Lender's claims in such a lawsuit, but
claim or counter claim for r fission or damages I may have arising out of, relating to, or in connection with Lender's exercise of tl
remedies must be arbitrated. Instead of pursuing arbitration, either Lender or I also have the option to bring a lawsuit in court to sex
recover an amount which doe i not exceed the total sum of $5,000.00 (including costs and attorneys' fees), provided that no relief other
such recovery is requested in such lawsuit (an "Excluded Damages Lawsuit'). If an Excluded Damages Lawsuit is filed, the other I
cannot require that the claims in that lawsuit be arbitrated. An Excluded Damages Lawsuit can be brought to recover money for mysx
Lender only, not for any class or group of persons having similar claims. If such an Excluded Damages Lawsuit is filed by me or Lender,
any party to that lawsuit files an amendment, counterclaim, cross-claim, or third-party claim seeking to recover more than $5,000, then
claim, counterclaim, cross-claim, or third party claim must be arbitrated in accordance with the procedures set forth in this Arbitn
Agreement Neither I nor Lender shall be deemed to have waived any arbitration rights by the fact of having exercised any self-he
judicial remedies of garnishment, repossession, replevin, or foreclosure or by having filed any claims in court seeking to recover a total
of $5,000.00 or less.
ARBITRATION RULES AND PROCEDURES.
A. ARBITRATION FORUM AND RULES. The arbitration will be conducted under the rules and procedures of the National Arbftn
Forum ("NAF") that are in effect at the time arbitration is started and under the rules set forth in this Arbitration Agreement. At my regi
Lender will provide me a copy of the NAF Rules, If I lose my copy, Lender will give me another one if I ask for it I may also obtain a
of those rules by calling NAF at 1-800-474-2371 or by reviewing NAF's web-site at www.arb-forum.com. In the event that NAF is e
unable, unwilling, or deemed not appropriate by a court to resolve a Covered Claim, or I object to the NAF for good cause, then Lender x
agree to submit all disputes to the American Arbitration Association ("AAA") for proceedings conducted pursuant to the AAA's Comme
Rules and Expedited Procedures. If there is a conflict between the rules of the NAF (or the AAA) and this Arbitration Agreement,
Arbitration Agreement will govern,
B. SELECTION OF ARBITRATOR. NAF maintains lists of approved arbitrators. NAF will provide Lender and me each a list of sever
possible arbitrators. Lender and I will each have an opportunity to strike three (3) persons from that list. I will make the first strike,
Lender and I will alternate in making strikes after that. After the last strike, the remaining person shall then serve as arbitrator.
C. STARTING ARBITRATION. Before I start arbitration, I agree to write to Lender at the address shown for Lender in this Agreen
unless I have received notice of a new address for Lender, and 1 agree to give Lender a reasonable opportunity to respond and resolve
errors. In my letter, 1 will give the following information: my name and account number, a description of my claim or dispute and v
believe Lender has made an error, the dollar amount of my claim or dispute, and a description of any other information I need from Lei
Before Lender starts an arbitration, it must write to me at my billing address; describe its claim or dispute; state the dollar amount r
claim or dispute; and give me a reasonable opportunity to resolve the clalm or dispute. If a Covered Claim cannot be resolved it
foregoing manner, either Lender or I can start arbitration, Except as described in Paragraph E below, nothing in this Arbitration Agreei
shall limit the arbitrator's ability to enforce any of my rights or impose any remedies available to me under any applicable oonsi
protection laws or regulations. To start an arbitration, Lender and I agree to follow the rules of the NAF (or, if applicable, the rules o
AAA).
D. COSTS OF ARBITRATION. The NAF and AAA charge certain fees in connection with arbitration proceedings they conduct. I
have to bear some of these fees; however, if I am not able to pay such fees or think they are too high, Lender will consider any reasor
request to bear the cost Lender will also bear any costs Lender is required to bear by law or the terms of any other agreement with
Each party will also pay for its own costs, including fees for attorneys, experts, and witnesses, unless otherwise provided by law or b,
terms of any other agreement between the parties, to the extent permitted by applicable law.
t. CUNUU(;l OF F'KUUMUINW. In conauc[Ing ine aronrauon ploveoulnp, kilts t1lulumul allall ue uVuuu uy uio 1 W%AW101
Evidence; however, the federal or any state rules of procedure or discovery shall not bind the arbitrator, The arbitrator's findings, reasonir
decision, and award shall be set forth In writing and shall be based upon and be consistent with the law of the jurisdiction that applies to t
loan or other agreement between Lender and me, The arbitrator must abide by all applicable laws protecting the attorney-client prhrilege, t
attorney work product doctrine, or any other applicable privileges.
SEE REVERSE SIDE FOR ADDITIONAL ARBITRATION TERMS
UNXR21 (1-1645) HELOC Agreement (7-5) Pags'J Borroymes Inbals
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ARBITRATION AGREEMENT AND WAIVER OF JURY TRIAL (can't)
P 18)
F. ENFORCEMENT AND APPEAL OF DECISION. The decision and judgment of the arbitrator shall be final, binding, and enforceabl
any court having jurisdiction over the parties and the dispute; however, for Covered Claims involving more than $100,000, any party i
appeal the award, at its own cost, except as provided by law, to a three-arbitrator panel appointed by the NAF or AAA as the case may
That panel will reconsider from the start any aspect of the initial award that either party asserts was Incorrectly decided. The decision of
panel shall be by majority vote and shall be final and binding, except as provided below, The arbitrator's (or panel's) findings, decision,
award shall be subject to judicial review on the grounds set forth in g U.S.C. § 10, as well as on the grounds that the findings, decision,
award are manifestly Inconsistent with the terms of this Arbitration Agreement and any applicable laws or rules,
0. LIMITATION OF PROCEEDINGS. Lender and I further agree that the arbitrator will be restricted to resolving only the alai
disputes, or controversies between Lender and me and the other parties covered by this particular Agreement (and not by sirt
agreements). Amtration is not available and shall not be conducted on a class-wide basis or consolidated with other claims or demand
other persons, I agree not to participate in a representative capacity or as a member of any class of claimants pertaining to any Cava;
Claim.
H. UMITATION OF ARBITRATOR'S AUTHORITY: The arbitrator may award punitive damages only under circumstances where a o
of competent jurisdiction could award such damages. In awarding any punitive damages, the arbitrator must abide by ail applicable s,
and federal laws regarding the amount of such damages, and the arbitrator must state the precise amount of the punitive damages aw+
The arbitrator must also conduct a post-award review of any punitive damages, allowing the parties the some procedural rights and u:
the some standards and guidelines that would apply in a judicial proceeding in the state where the arbitration is conducted. Thp' arbitn
may award injunctive relief that would benefit either Lender or me in connection with resolving a Covered Claim between Lender and me,
the arbitrator may not award injunctive relief for the benefit of other persons or groups of persons who are not named parties to
arbitration proceeding,
1. LOCATION OF THE ARBITRATION. The arbitration will take place in the county where I live unless Lender and 1 agree to anol
location. If Lender and I agree, all or a portion of the arbitration proceedings can be conducted by telephone conference.
J. ENFORCEMENT IN COURT. Nothing in this Arbitration Agreement shall prevent either Lender or me from enforcing all rights ur
this Arbitration Agreement If a Covered Claim is filed in court.
K. FORUM SELECTION CLAUSE. If either Lender or I need to file a lawsuit to enforce this Arbitration Agreement or to pursue alai
that etner may or may not be arbitratable under this Arbitration Agreement, the exclusive venue for that suit will be a state court locar"I
the county where Lenders office Is located or where I sign this Agreement, or in the federal court covering that county, unless the goverr
low requires suit to be filed In another location. Nothing in this paragraph shell prevent either Lender or me from enforcing Its or my rig
under this Arbitration Agreement if the Covered Claim is filed in court
ADDITIONAL INFORMATION. I may obtain additional information about arbitration by contacting me National ArtAmlon Forum, Inc,
P.O. Box 50191, Minneapolis, Minnesota 55405. (800-074-2371 (Telephone)). (812-831-0802 (Fax)), www,arb-forum.com (email).
OTHER IMPORTANT AGREEMENTS. Lender and I agree:
(a) This Arbitration Agreement does not affect any Ftatute of limitations or claims of privilege recognized at law.
(b) The loan and insurance transactions between Lender and me and other applicable parties are transactions involving inters
commeroe, using funds and other resources from outside the state,
(c) The Federal Arbitration Act applies to and governs tats Agreement. State arbitration laws and procedures shall not apply to
Agreement.
(d) This Agreement applies to and runs to the benefit of Lender's and my assigns, successors, executors, heirs, and/or representatives.
(e) If any term of this Arbitration Agreement is unenforceable, the remaining terms are severable and enforceable to the fullest ex
permitted by law.
(f ) This Arbitration Agreement supersedes any prior arbitration agreement that may exist betvmen Lender and me and can only be modi
in writing signed by the parties.
(g) This Arbitration Agreement applies even if my loan has been cancelled, changed, modified, refinanced, paid in full. charged off
discharged or modified in bankruptcy.
I AGREE TO READ THIS ARBITRATION AGREEMENT CAREFULLY, BECAUSE IT LIMITS CERTAIN OF MY RIGHTS, TO T
EXTENT PERMITTED BY LAW, INCLUDING MY RIGHTS TO BRING A COURT ACTION, TO HAVE A TRIAL BY JURY, AND
PARTICIPATE IN A CLASS ACTION OR CLASS ARBITRATION. BY SIGNING THIS AGREEMENT, 1 ACKNOWLEDGE THAT 1 HP
READ AND RECEIVED A COPY OF THIS ARBITRATION AGREEMENT AND AGREE TO BE BOUND BY ALL OF ITS TERMS.
SEE FOLLOWING PAGE FOR ADDITIONAL INFORMATION
UNXR22 (1-1"5) HELOC Agreemeni (7-e) Rage 8
Borrowers Initials Ah?
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AMERICAN GENERAL HOME EQUITY LINE OF CREDIT AGREEMENT (can't)
33. Prepayment/Termination Fee.
P If checked and if n I pay the Total Balance on my Account within T months after the Date of Agreement and (
erminate my Account,.1 agree to pay a prepaymentitermination fee equal to % of the amount of my original Credit L
CPrepaymenUTennination Fee"). There will be no Prepayment/Termination Fee if. (a) my Account is refinanced
consolidated by Lender or its affiliate; (b) my Account Is prepaid with insurance proceeds; (c) my Account is prepaid as a re
of lawsuit, foreclosure, or acceleration; (d) Lender disapproves a request for assumption and exercises its rights under a due
sale clause, and imposition of the Prepayment/Termination Fee is prohibited by applicable law; or (e) my Account is termini
more than _ months after the Date of Agreement.
p If checked, there will be no prepayment/termination fee.
34. Late Fee. If I fail to pay in full the Current Payment within -J-rL days after the Payment Due Date, Lender may charg
Late Fee equal to I Q _ 00 % of the ant i ro-- amount of the payment.
35. Returned Check Fee. If I make a payment on my Account by a check or other instrument that is returned to Lender unr
for any reason, Lender may charge a Returned Check Fee of $jg. (L.
36. Reconveyance Fee. Not applicable.
37. Due on Sale. If all or any part of the Property or any interest in it is sold or transferred without Lender's prior wit
consent, Lender may, at its option, require immediate payment in full of all sums secured by the Security Instrument; howel
this option shall not be exercised if the exercise of this option by Lender is prohibited by federal law as of the date of
Security Instrument.
If Lender exercises this option, Lender will give me notice of acceleration. The notice shall provide a period of not less than
days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Sam
Instrument. If I fail to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by
Security Instrument without further notice or demand on me.
39. Governing Law. The laws of the state where the Property is located and federal law govern this Agreement.
SEE ADDITIONAL PAGES FOR IMPORTANT INFORMATION
- . . -.1- k
2009-02-17 14:16 AGFS 1498 Carlisle 717-243-5546 >> 610 275 2866
AMERICAN GENERAL HOME EQUITY LINE OF CREDIT AGREEMENT (can't)
P 20,
UY SIGNING BELOW,1 SIGNIFY THAT I HAVE READ, UNDERSTOOD, AND AGREED TO THE TERMS AND CONDITIONS OF THII
AGREEMENT, INCLUDING THE ARBITRATION AGREEMENT THAT PROVIDES, AMONG OTHER THINGS, THAT EITHER LENDEF
OR I MAY REQUIRE THAT CERTAIN DISPUTES BETWEEN US BE SUBMITTED TO BINDING ARBITRATION. IF LENDER OR
ELECT TO USE ARBITRATION, WE AGREE THAT WE WILL HAVE THEREBY WANED OUR RIGHTS TO TRIAL BY JURY OF
JUDGE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THAT THE DISPUTE WILL BE DECIDED BY At
ARBITRATOR, AND THAT THE DECISION OF THE ARBITRATOR WILL BE FINAL ARBITRATION WILL BE CONDUCTEI
PURSUANT TO THE RULES OF THE NATIONAL ARBITRATION FORUM, EXCEPT AS OTHERWISE PROVIDED IN THI
ARBITRATION AGREEMENT. UWAUT 18.12.01
1 agree that, as of the date first written above ("the Date of Agreement"), I have received and read a fully completed, legibl
copy of this Agreement, the Truth In Lending Insurance Disclosures, a copy of the Security Instrument, the Privacy NotirI
and two copies of a Notice of Right to Cancel (if applicable), and agree to be bound thereby-
If you do not meet your contract obligations, you may lose your house, the property that you bought with this loan, otht
household goods and furniture, your motor vehicle or money in your account with us.
C UTION: IT IS IMPORTANT THAT I THOROUGHLY READ THE CONTRACT BEFORE I SIGN IT.
K x c2? l.7 L.5
fitness Borrower LOUISE B HOFFHEINS
x x L.5
Witness Co-Borrower
x L.:
Co-Maker
Print Name:
x L?
Co-Maker
Print Name:
2009-02-17 14:04
AGFS 1498 Carlisle
.KM(m Number; 1446149
Exhibit A
ALL THAT CERTAIN tract of land situate in South Middleton Township, County of Cumberland
and State of Pennsylvania, bounded and described as follows;
BEGINNING at a point in the Eastern side of Valley Street, said point being in the dividing line
between Lot No. 4 and Lot No, 5 on the hereinafter mentioned Plan of Lots; thence in an
Eastwardly direction along land now or formerly of Warren H. Jumper and Frances G. Jumper, his
wife, a distance of 298.6 feet to a point in line of land now or formerly of Lewis Doyle; thence in a
Southwardly direction along land now or formerly of said Lewis Doyle, a distance of 104 feet to a
point; thence along land now or formerly of the Carlisle Trust Company in a Westwardly direction,
a distance of 298.6 feet to a point in the Eastern side of Valley Street; thence in a Northwardly
direction along the Eastern side of Valley Street, a distance of 104 feet to a point, the place of
Beginning.
BEING composed of all of Lot No. 6, all of Lot No. 5 and the Southern portion of Lot No. 4, on the
hereinafter mentioned Plan of Lots, the Northern line of said Southern portion of Lot No. 4,
beginning at the boundary line between Lot No. 4 and Lot No. 5 in the Eastern line of said Valley
Street and extending diagonally across Lot No. 4 in an Eastwardly direction to a point in the
Eastern line of said Lot No. 4, which latter polm is 19 feet 3 inches South of the boundary line of
Lot No. 3 and Lot No. 4, "Block C", of the Plan of Lots known as "Fairfield", said Plan of Lots
being recorded in the Office of the Recorder of Deeds in and for Cumberland County,
Pennsylvania, in Plan Book No. 2, page 80.
HAVING THEREON ERECTED a one and one-half story dwelling house, and being known and
numbered as No. 23 Valley Street, Carlisle, Pennsylvania.
Subject to easements, restrictions, anti covenants of record, if any.
Tax ID: 40-22-0489-133
717-243-5546 >> 610 275 2866
P 9/20
EXHIBIT "B"
ACT 91 NOTICE
TAKE ACTION TO SAVE
YOUR HOME FROM
FORECLOSURE
Date: February 19, 2009
To: Louise B. Hoffheins
23 Valley Street
Carlisle, PA 17013
This is an official notice that the mort a e on our home is in default and the lender intends to
foreclose. Specific information about the nature of the default is provided in the attached pages.
The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM HEMAP
may be able to help to save your home This Notice explains how the program works.
To see if HEMAP can hel you must MEET WITH A CONSUMER CREDIT COUNSELING
AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with -you
when you meet with the Counseling Agency.
The name address and hone number of Consumer Credit Counselin Agencies servin our Count
are listed at the end of this Notice. If you have an questions, you may call the Pennsylvania Housin
Finance Agency toll free at 1-800-342-2397. Persons with impaired hearing can call 717 780-1869).
This Notice contains important legal information. If you have any questions, representatives at
the Consumer Credit Counseling Agency may be able to help explain it. You may also want to
contact an attorney in your area. The local bar association may be able to help you find a
lawyer.
LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PLIES AFECTA SU
DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL
CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION
INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING
FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER
ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S
EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU
29104 Act 6-91 NEW 081117 doc
EXHIBIT "C"
CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA.
HOMEOWNER'S NAME(S):
PROPERTY ADDRESS:
LOAN ACCT. NO.:
LOUISE B. HOFFHEINS
23 Valley Street
Carlisle, PA 17013
42417556
ORIGINAL LENDER: American General Financial Services, Inc.
CURRENT LENDER/SERVICER: American General Financial Services, Inc.
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE
WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND
HELP YOU MAKE FUTURE MORTGAGE PAYMENTS
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY
MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR
EMERGENCY MORTGAGE ASSISTANCE:
• IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR
CONTROL,
• IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR
MORTGAGE PAYMENTS, AND
• IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE
PENNSYLVANIA HOUSING FINANCE AGENCY.
TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay
of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days
for mailing). During that time you must arrange and attend a "face-to-face" meeting with one of the
consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST
OCCUR WITHIN THIRTY-THREE (33) DAYS OF THE DATE OF THIS NOTICE IF YOU
DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR
MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR
MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE.
CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit
counseling agencies listed at the end of this notice, the lender may NOT take action against you for
thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of
designated consumer credit counseling agencies for the county in which the property is located are set
forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your
29104 Ac( 6-91 NEW 081117 doc
lender immediately of your intentions.
APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasons
set forth later in this Notice (see following pages for specific information about the nature of your
default). You have the right to apply for financial assistance from the Homeowner's Emergency
Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's
Emergency Assistance Program Application with one of the designated consumer credit counseling
agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications
for the program and they will assist you in submitting a complete application to the Pennsylvania
Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your
application MUST be forwarded to PHFA and received within thirty (30) days of your face-to-face
meeting with the counseling agency.
YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A
MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE
OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT
MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING
A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION
CALLED "TEMPORARYSTAY OF FORECLOSURE".
YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME
P E R I O D S . A LATEAPPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A
FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT
ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED.
AGENCY ACTION -- Available funds for emergency mortgage assistance are very limited. They will
be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania
Housing Finance Agency has sixty (60) days to make a decision after it receives your application.
During that time, no foreclosure proceedings will be pursued against you if you have met the time
requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance
Agency of its decision on your application.
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN
BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION
PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO
COLLECT THE DEBT.
(If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.)
HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date).
29104 Act 6-91 NEW 081117.doc
NATURE OF THE DEFAULT -- The MORTGAGE debt held by the above lender on your property
located at: 23 VALLEY STREET, CARLISLE, PA 17013 IS SERIOUSLY IN DEFAULT because:
A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and
the following amounts are now past due: $41.77 DUE FOR NOVEMBER 2008; 552.40 DUE
FOR DECEMBER 2008• $556.42 DUE FOR JANUARY 2009 AND $557.56 DUE FOR
FEBRUAR 2009 = $1,708.15
Other charges (explain/itemize): LATE CHARGES ARE INCLUDED IN THE ABOVE
MONTHLY AMOUNTS
TOTAL AMOUNT PAST DUE: $1,708.15
B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION: (Do not use if not applicable.)
HOW TO CURE THE DEFAULT -- You may cure the default within THIRTY (30) DAYS of the
date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER,
WHICH IS $1,708.15, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH
BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by
cash, cashier's check, certified check or money order made payable and sent to: _
American General Financial Services, Inc.
6 S. Hanover Street
Carlisle, PA 17013-3306
Attn: Mandy Durst, Manager
You can cure any other default by taking the following action within THIRTY (30) DAYS of the date
of this letter: (Do not use if not applicable.)
IF YOU DO NOT CURE THE DEFAULT -- If you do not cure the default within THIRTY (30)
DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage
debt. This means that the entire outstanding balance of this debt will be considered due immediately
and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total
amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its
attorneys to start legal action to foreclose upon your mortgaged property.
29104 Act 6-91 NEW 081117 doe
IF THE MORTGAGE IS FORECLOSED UPON -- The mortgaged property will be sold by the
Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the
delinquency before the lender begins legal proceedings against you, you will still be required to pay
the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings
are started against you, you will have to pay all reasonable attorney's fees actually incurred by the
lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the
lender, which may also include other reasonable costs. If you cure the default within the THIRTY
(30) DAY period, you will not be required to nay attorney's fees.
OTHER LENDER REMEDIES -- The lender may also sue you personally for the unpaid principal
balance and all other sums due under the mortgage.
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -- If you have not cured the
default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have
the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale.
You may do so by paying the total amount then past due plus any late or other charges then due
reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected
with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements
under the mortgage. Curing your default in the manner set forth in this notice will restore your
mortgage to the same position as if you had never defaulted.
EARLIEST POSSIBLE SHERIFF'S SALE DATE -- It is estimated that the earliest date that such a
Sheriffs Sale of the mortgaged property could be held would be approximately six (6) months from
the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the
sale. Of course, the amount needed to cure the default will increase the longer you wait. You may
find out at any time exactly what the required payment or action will be by contacting the lender.
HOW TO CONTACT THE LENDER:
Name of Lender: American General Financial Services. Inc.
Address: 6 S. Hanover Street
Carlisle, PA 17013-3306
Phone Number: (717) 243-6055
Fax Number: (717) 243-5546
Contact Person: Mandy Durst, Manager
E-Mail Address: N/A
EFFECT OF SHERIFF'S SALE -- You should realize that a Sheriffs Sale will end your ownership
of the mortgaged property and your right to occupy it. If you continue to live in the property after the
Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by
the lender at any time.
29104 Ac( 6-91 NEW 081117.doc
• t?
•
ASSUMPTION OF MORTGAGE -- You may or XX may not (CHECK ONE) sell or
transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the
outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the
other requirements of the mortgage are satisfied.
YOU MAY ALSO HAVE THE RIGHT:
• TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR
TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS
DEBT.
• TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF
• TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT
HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS
RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR
YEAR.)
• TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE
PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE
DOCUMENTS.
• TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION
BY THE LENDER.
• TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY -
SEE ATTACHED LIST
(Fill in a list of all Counseling Agencies listed in Appendix C, FOR THE COUNTYin which the
property is located, using additional pages if necessary).
SEE ATTACHED SHEET:
Via Regular Mail, Certificate of Mailing
Certified Mail, Return Receipt Requested
#7160 3901 9846 2821 8522
FOX AND FOX
706 One Montgomery Plaza
Norristown, PA 19401
29104 Aci 6-91 NEW 081117 doc
f
Attn: Craig H. Fox, Esquire
(610) 275-7990
(610) 275-2866 fax
CC: PHFA-HEMAP (via telefax (877) 207-0205)
You have the right to dispute the validity of the debt. Unless you, within thirty days after receipt of
this letter, dispute the validity of the debt, or any portion thereof, we will assume that the debt is valid.
If you notify us in writing within thirty days, after receipt of this letter, that the debt or any portion
thereof is disputed, we will obtain verification of the debt or a copy of any judgment against you
representing the debt and a copy of such verification or judgment will be mailed to you. Upon your
request directed to this office within thirty days after the receipt of this letter, we will provide you with
the name and address of the original creditor, if different from the current creditor. If, within 30
days from the date of this Notice, the debt or any portion thereof is not disputed, or if payment is not
received or if arrangements to pay are not made, the creditor may exercise its legal rights against you
to collect the debt. To make payment arrangements, please call the creditor directly. You are also
advised that any information which you supply to this office may be used by us in the collection of the
debt. THIS FIRM MAY BE CONSIDERED A DEBT COLLECTOR ATTEMPTING TO COLLECT
A DEBT. ANY INFORMATION WE OBTAIN WILL BE USED FOR THAT PURPOSE. IF YOU
HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS
CORRESPONDENCE IS NOT, AND SHOULD NOT BE CONSTRUED TO BE, AN ATTEMPT TO
COLLECT A DEBT, BUT MERELY AS A PROCEEDING TO ENFORCE A VALID LIEN
AGAINST PROPERTY, WHICH LIEN SURVIVES BANRUPTCY DISCARGE.
29104 Act 6-91 NEW 081117.doc
? ( t
s
Regular Mail: addressed as follows:
PHFA-HEMAP
211 North Front Street
P.O. Box 15530
Harrisburg, PA 17105-5530
Facsimile: sent to either of the following fax numbers:
Toll Free: 877-207-0205
29104 Act 6-91 NEW 081117.doc
HEMAP Consumer Credit Counseling Agencies
Report last updated: 8/1/2008 10:08:24 AM
Center for Family Services, Inc.
213 Center Street
Meadville, PA 16335
814.337.8450
Greater Erie Community Action Committee
18 West 9TH Street
Erie, PA 16501
814.459.4581
Shenango Valley Urban League, Inc.
601 Indiana Avenue
Farrell, PA 16121
724.981.5310
St. Martin Center
1701 Parade Street
Erie, PA 16503
814.452.6113
CUMBERLAND County
Adams County Interfaith Housing Authority
40 E High Street
Gettysburg, PA 17325
717.334.1518
CCCS of Western PA
2000 Linglestown Road
Harrisburg, PA 17102
888.511.2227
888.511.2227
Community Action Commission of Captial Region
1514 Derry Street
Harrisburg, PA 17104
717.232.9757
Loveship,Inc.
2320 North 5th Street
Harrisburg, PA 17110
717.232.2207
Community Action Commission of Captial Region
1514 Derry Street
Harrisburg, PA 17104
717.232.9757
Loveship, Inc.
2320 North 5th Street
Harrisburg, PA 17110
717.232.2207
PHFA
211 North Front Street
Harrisburg, PA 17110
717.780.3940
800.342.2397
DELAWARE County
Acorn Housing Corporation
846 North Broad Street
Philadelphia, PA 19130
215.765.1221
Advocates for Financial Independence
202 East Hinkley Avenue
Ridley Park, PA 19078
215.389.2810
American Credit Counseling Institute
175 Strafford Avenue
Suite 1
Wayne, PA 19087
610.971.2210
888.212.6741
American Financial Counseling Services
175 Trafford Avenue
Suite One
Wayne, PA 19087
267.228.7903
800.490.3039
Maranatha
43 Philadelphia Avenue
Waynesboro, PA 17268
717, 762.3285
PHFA
211 North Front Street
Harrisburg, PA 17110
717.780.3940
800.342.2397
DAUPHIN County
CCCS of Western PA
2000 Linglestown Road
Harrisburg, PA 17102
888.511.2227
888.511.2227
American Red Cross of Chester
1729 Edgemont Avenue
Chester, PA 19013
610 874.1484
APM
2147 North Sixth Street
Philadelphia, PA 19122
215.235.6788
Carroll Park Community Council, Inc.
5218 Master Street
Philadelphia, PA 19131
215.877.1157
29104 Ac 6-91 NEW 081117 doc
t A. by (Please Print Clearly) B. Date oftelivery
C. 'gna
? Agent
? Addressee
D. Is delivery address different from item 1? ? Yes
U YES, enter delivery address below: F-1 No
1. Article Addressed to:
Louis* B. Hr)f thoins
23 Vallo"t Crost
Carlisle r PA 13013
i
4. Restricted Delivery? (Extra Fee) QYes,
PS Form P801 # J j jujryl200b Domestip Return Receipt
r i P iij ti f i)I 1 ?) } 113 ? j e Ell }
U.S. POSTAL SERVICE CERTIFICATE OF MAILING
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT
PROVIDE FOR INSURANCE-POSTMASTER
Received From: Q Nil
Craig H. Fox, Esq
FOX AND FOX
02 1A
Norristown, PA 1 MAILED FRO
One piece of ordinary mail addressed to: W
Louise B. Hoffheins O F
23 Valley Street
Carlisle, PA 17013
as 16LI
Affix fee here in stamps
or meter postage and
post mark. Inquire of
Postmaster for current
fee.
J®
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TWEV eOVOES
01.100
2009
01
19 °
USPS
ra I-orm J8"1 !, January 2001
2009-06-19 10:29
AGFS 1498 Carlisle 717-243-5546 >> 610 275 2866 P 3/3
V E RT. F I CAT T O N
ThO Undersigned hereby states that he is a representative
of plaintiff, in the within captioned action; that I am authorized
to make this Verification on its behalf; and that the facts set
forth in :the foregoing Civil ]Action ComplaiilL in Mortgage
Foreclosurd are true and correct to the best of my knowledge:,
information and belief.
T -Lindersta.r-id that the statemorius made herein arc. skiblect.
to the penalties of 18 Pa.C.S.,
falsification to authorities.
Suc Lion 4904, relating to unsworn
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G:\AMER-GEN\LARGE\9200-83 M.CMp.DOC
FOX AND FOX
By: Craig H. Fox, Esquire
Attorney I.D. #49509
706 One Montgomery Plaza
Norristown, PA 19401
(610) 275-7990
AMERICAN GENERAL FINANCIAL
SERVICES, INC. COURT OF COMMON PLEAS
6 S. Hanover Street CUMBERLAND COUNTY, PA
Carlisle, PA 17013
V. No. bq - gaal 0-Wil-erM
LOUISE B. HOFFHEINS
23 Valley Street
Carlisle, PA 17013
ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Kindly enter my appearance on behalf of the Plaintiff in the
above captioned matter.
FOX AND FOX
By:
Cra g H. ox, -? -
Att rn for Plaintiff
?F TNT
ll
F"i"l d
Sheriffs Office of Cumberland County
R Thomas Kline a???tr at clutib"rlt
Sheri
Ronny R Anderson
Chief Deputy oMZ1 F pry "ERIFF
Edward L Schorpp
Solicitor
Jody S Smith
Civil Process Sergeant
American General Financial Services, Inc.
vs.
Louise B. Hoffheins
SHERIFF'S RETURN OF SERVICE
06/24/2009
Case Number
2009-4221
05:45 PM - R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a
diligent search and inquiry for the within named defendant to wit: Louise B. Hoffheins, but was unable to
locate him in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not
found as to the defendant Louise B. Hoffheins. Per the neighbor of 23 Valley Street Carlisle, PA 17013
the residence is vacant, there is mail in the mail box, but it was not addressed to the defendant. An exact
address is not available.
SHERIFF COST: $38.40
June 25, 2009
n ^ gn
s
FOX AND FOX
By: Craig H. Fox, Esquire
Attorney I.D. #49509
706 One Montgomery Plaza
Norristown, PA 19401
(610) 275-7990
AMERICAN GENERAL FINANCIAL COURT OF COMMON PLEAS
SERVICES, INC. CUMBERLAND COUNTY, PA
6 S. Hanover Street
Carlisle, PA 17013
No. 09-4221 Civil Term
V.
LOUISE B. HOFFHEINS
23 Valley Street
Carlisle, PA 17013
PRAECIPE TO REINSTATE COMPLAINT
TO THE PROTHONOTARY:
Kindly reinstate the Complaint filed in the above matter.
FOX AND FOX
By:
9200-83 PRAECIPE TO REINSTATE.doc
FOX AND FOX
BY: CRAIG H. FOX
Identification No. 49509
706 One Montgomery Plaza
Norristown, PA 19401
(610) 275-7990
AMERICAN GENERAL FINANCIAL
SERVICES, INC.
6 S. Hanover Street
Carlisle, PA 17013
V.
N
c
fl-
z
Attorney for Plaintiff . J
COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
No
LOUISE B. HOFFHEINS
23 Valley Street
Carlisle, PA 17013
OQ-49-at Civil lerg,
NOTICE TO DEFEND
You have been sued in Court. If you wish to defend against the
claims set forth in the following pages, you must take action
within twenty (20) days after this Complaint and Notice are served,
by entering a written appearance personally or by an attorney and
filing in writing with the Court your defenses or objections to the
claims set forth against you. You are warned that if you fail to do
so, the case may proceed without you and a judgment may be entered
against you by the Court without further notice for any money
claimed for any other claim or relief requested by the plaintiff.
You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET HELP. 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
32 S. Bedford Street
Carlisle, PA 17013
(717) 249-3166
(800) 990-9108
NOTICE
The amount of your debt is as stated in the attached
document. The name of the creditor to whom the debt is owed is
as named in the attached document. Unless you notify us within
30 days after receipt of this Notice and the attached document
that the validity of the stated debt, or any portion of it, is
disputed, we will assume that the debt is valid. If you do
notify us in writing of a dispute within the 30 day period, we
will obtain verification of the debt or a copy of a judgment
against you, and mail it to you. If you do not dispute the debt,
it is not an admission of liability on your part. Also, upon
your written request within the 30 day period, we will provide
you with the name and address of the original creditor if
different from the current creditor.
If you notify us in writing within the 30 day period as
stated above, we will cease collection of your debt, or any
disputed portion of it, until we obtain the information that is
required and mail it to you. Once we have mailed to you the
required information, we will then continue the collection of
your debt.
This law firm is deemed to be a debt collector and this
Notice and the attached document is an attempt to collect a debt,
and any information obtained will be used for that purpose.
FOX AND FOX
/s/ Craig H. Fox, Esquire
706 One Montgomery Plaza
Norristown, PA 19401
(610) 275-7990
G:\AMER-GEN\LARGE\9200-83 M.CMP.DOC
FOX AND FOX
By: Craig H. Fox, Esquire
Attorney I.D. #49509
706 One Montgomery Plaza
Norristown, PA 19401
(610) 275-7990
AMERICAN GENERAL FINANCIAL
SERVICES, INC.
6 S. Hanover Street
Carlisle, PA 17013
v.
LOUISE B. HOFFHEINS
23 Valley Street
Carlisle, PA 17013
COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
No.
CIVIL ACTION COMPLAINT - MORTGAGE FORECLOSURE
Plaintiff, AMERICAN GENERAL FINANCIAL SERVICES, INC., by
its attorneys and complains against the defendant, LOUISE B.
HOFFHEINS, upon the following causes of action:
1. Plaintiff, American General Financial Services, Inc.,
("AGF") is an institution doing business in the Commonwealth of
Pennsylvania with a place of business located at 6 S. Hanover Street,
Carlisle, PA 17013.
2. Defendant, LOUISE B. HOFFHEINS, is an adult individual who
resides at the address above in the caption of this pleading and is
the real owner and/or mortgagor and/or both of the mortgaged property
hereinafter described. If any Defendant above-named is deceased,
this action shall proceed against the deceased Defendant's heirs,
assigns, successors, administrators, personal representatives and/or
representatives and/or executors through his/her estate.
3. On June 6, 2008, Defendant executed and delivered a
mortgage upon the premises hereinafter described to American General
Financial Services, Inc. ("AGF") which mortgage was recorded in the
office of the Recorder of Deeds of Cumberland County in Book 2008
page 19575 on June 11, 2008. The Mortgage was security for a loan
from AGF to Defendant, which loan was evidenced by a Promissory Note
of the same date. True and correct copies of the Note and Mortgage
are attached hereto collectively and incorporated herein as Exhibit
"A"
4. The land subject to the mortgage is all that certain tract
or parcel of land situated in the County of Cumberland, Commonwealth
of Pennsylvania, more particularly described in the attached Mortgage
Agreement and in the Deed recorded in the Cumberland County Office
for the Recording of Deeds in Book Vol. B-27 at page 182, and
otherwise known as 23 Valley Street, Cumberland County, Carlisle, PA
17013. A copy of the Deed and\or legal description is attached
hereto as Exhibit "B" and incorporated herein by reference. The
Mortgage and/or Assignment(s) of mortgage and/or Deed are a matter of
public record and are incorporated herein as provided by Pa. R.C.P.
1019(g).
5. The mortgage is in default because the defendant has failed
and refused to make the mortgage payments.
6. A Notice of default, intent to foreclose and of possible
eligibility for the Emergency Mortgage Assistance Program was sent to
00
to the defendant at her address on February 19, 2009. Plaintiff has
not been notified of any action by the Pennsylvania Housing Finance
Agency which would bar it from proceeding with this foreclosure.
True and correct copies of the Notices are attached hereto,
incorporated herein and designated as Exhibit "C".
7. Defendant has failed to cure the default as requested.
Accordingly, and pursuant to the provisions of the Mortgage
Agreement, plaintiff declares all sums secured by the mortgage
immediately due and payable and requests judgment in the amount of
the accelerated balance, together with the expenses of foreclosure,
including, but not limited to, reasonable attorneys' fees, costs and
interest, in the following amounts:
Outstanding Principal:
Accrued but unpaid interest $40,156.62
as of June 19, 2009
Late charges $ 3,493.85
Other costs $ 389.87
Anticipated Title search:
Prothonotary fee: $ 500.00
Sheriff costs: $ 78.50
Anticipated Sheriff Sale filing fee: $ 100.00
Reasonable Attorney's Fees $ 1,500.00
$_5,000.00
TOTAL
,51,218.84
8. The attorney's fees set forth above are in conformity with
the Mortgage documents and Pennsylvania Law and will be collected in
the event of a third party purchaser at Sheriff's Sale. If the
mortgage is reinstated prior to this sale, reasonable attorney's fees
will be charged based on work actually performed.
9. Interest from June 20, 2009 through date of full repayment
of the debt accrues at the rate of $14.09 per day. Late charges also
charges also accrue as set forth in the Loan Documents.
10. The property was owned by Louise B. Hoffheins and Darwin M.
Hoffheins, husband and wife, as tenants by the entireties.
11. Darwin M. Hoffheins died, at which time title to the
property passed to Louise B. Hoffheins, his wife, by operation of
law.
WHEREFORE, Plaintiff demands judgment in Mortgage
Foreclosure in the sum of $51,218.84 together with additional
attorney's fees, if any, hereinafter incurred in excess of that
claimed above, costs, interest and late charges at the contract rate
and other expenses incurred by the Plaintiff which are properly
chargeable in accordance with the terms of the Mortgage, and for the
foreclosure and sale of the mortgaged Property.
2009-02'17 1t.?;rU-,.5-AGFS 1498 Carlisle 717-243-5546 >> 610 275 2866 P 3/20
Prepared By:
Return To:
...... .... ..... (Space Above This Line For Recording Datay
OPEN-END MORTGAGE
THIS MORTGAGE SECURES FUTURE ADVANCES
To Borrowers whose Revolving Line of Credit Agreement and Disclosure Statement provides for a
Line of Credit not exceeding $50,000 and a Variable Rate feature: Notice to Borrower: This
document contains provisions for a variable interest rate.
THIS OPEN-END MORTGAGE ("Security anstrument') is given on _06/06108 . The Mortgagor is
DARWIN H HOFFHEINS (DECF D) AND LOUISE B HOFFHEINS
TNTS BY EJiT_IIETY ("Borrower-).
(mdcow markal status)
This Security Instrument is given to
AMERTCAN GF.NRRAT FTN KT T. SFRYMPS- TNC
which is organized and existing under the laws of Pennsylvania,
and whose address is
6 S HANOVER ST rART TCr E, PA 17n13-13fil;
("Mortgagee"). Borrower may incur Indebtedness to Mortgagee in amounts fluctuating from time to time
up to the appraised value of the real estate secured under this Security Instrument, but not exceeding the
Line of Credit set by Mortgagee : (initially $ 4nnnn _ nn ), which amount constitutes the maximum
principal amount that may be secured at any one time under this Security Instrument. This debt is
evidenced by Borrower's Home Equity Line of Credit Agreement and Disclosure Statement dated the
same date as this Security Instrument ("Note"), which provides for monthly payments, with the full debt,
if not paid earlier, due and payable as provided in the Note. This Security Instrument secures to
Mortgagee: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals,
extensions and modifications; (b) the payment of all other sums, with interest, advanced under paragraph
7 to protect the security of this Security Instrument; (c) the performance of Borrower's covenants and
agreements under this Security Instrument and the Note; and (d) the unpaid balances of loan advances
made after this Security Instrument is delivered to the recorder for record. For this purpose, Borrower
does hereby mortgage, grant and convey to Mortgagee the following described property located in
CUMBER,L ND County, Pennsylvania:
SEE EXHIBIT "A"
Prior Instrument Reference: Mortgage Book No. B27 , Page 192 ;
TOGETHER WITH all the improvements now or hereafter erected on the property, and all
easements, rights, appurtenances, rents, royalties, mineral, oil and gas rights and profits, water rights
and stock and all fixtures now or hereafter a part of the property. All replacements and additions shall
also be covered by this Security Instrument. All, of the foregoing is referred to in this Security Instrument
as the "Property."
P=91 (07-15-07) MELOC Roal Esmie Wngage Page 1 of 6
EXHIBIT "A"
2009-02.17 14:04 AGFS 1498 Carlisle 717-243-5546 >> 610 275 2866 P 4/20
.'I- ...
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has
the right to mortgage, grant and convey the Property, and that the Property is unencumbered, except for
encumbrances of record. Borrower covenants that Borrower warrants and will defend generally the title
to the Property against all claims and demands, subject to any encumbrances of record.
COVENANTS. Borrower and Mortgagee covenant and agree as follows:
1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly
pay when due the principal of and interest on the debt evidenced by the Note and any prepayment and
late charges due under the Note.
2. Funds for Taxes and Insurance. At the request of Mortgagee, Borrower shall begin making
monthly payments into an escrow account for the payment of yearly taxes, insurance and other yearly
charges imposed upon the Property.
3. Application of Payments. Unless applicable law provides otherwise, all payments received by
Mortgages under paragraphs 1 and 2 shall be applied as provided in the Note.
4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions
attributable to the Property which may attain priority over this Security Instrument, and leasehold
payments or ground rents, if any. Borrower shall pay these obligations in the manner prescribed by
Mortgagee and on time directly to the person owed payment. Borrower shall promptly furnish to
Mortgagee all notices of amounts to be paid under this paragraph. If Borrower makes these payments
directly, Borrower shall promptly fumish to Mortgagee receipts evidencing the payments.
Borrower shall promptly discharge any lien which has priority over this Security Instrument unless
Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner
acceptable to Mortgagee; (b) contests in good faith the lien by, or defends against enforcement of the
lien in, legal proceedings which in the Mortgagee's opinion operate to prevent the enforcement of the lien
or forfeiture of any part of the Property; or (c) secures from the holder of the lien an agreement
satisfactory to Mortgagee subordinating the lien to this Security Instrument. If Mortgagee determines
that any part of the Property is subject to a lien which may attain priority over this Security Instrument,
Mortgagee may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or
more of the actions set forth above within 10 days of the giving of notice.
6. Hazard Insurance. Borrower shall keep the improvements now existing or hereafter erected on
the Property insured against loss by fire, hazards included within the term "extended coverage" and any
other hazards for which Mortgagee requires insurance. This insurance shall be maintained in the
amounts and for the periods that Mortgagee requires. The insurance carrier providing the insurance
shall be chosen by Borrower subject to Mortgagee's approval which shall not be unreasonably withheld.
All insurance policies and renewals shall be acceptable to Mortgagee and shall include a standard
mortgage clause. Mortgagee shall have the right to hold the policies and renewals. If Mortgagee
requires, Borrower shall promptly give to Mortgagee all receipts of paid premiums and renewal notices.
In the event of loss, Borrower shall give prompt notice to the insurance carrier and Mortgagee.
Mortgagee may make proof of loss if not made promptly by Borrower.
Unless Mortgagee and Borrower otherwise agree in writing, insurance proceeds shall be applied to
restoration or repair of the Property damaged, if the restoration or repair is economically feasible and
Mortgagee's security is not lessened. If the restoration or repair is not economically feasible or
Mortgagee's security would be lessened, the insurance proceeds shall be applied to the sums secured by
this Security Instrument, whether or not then due, with any excess paid to Borrower. If Borrower
abandons the Property, or does not answer within 30 days a notice from Mortgagee that the insurance
carrier has offered to settle a claim, then Mortgagee may collect the insurance proceeds. Mortgagee
may use the proceeds to repair or restore the Property or to pay sums secured by this Security
Instrument, whether or not then due. The 30-day period will begin when the notice is given.
Unless the Note provides otherwise, any application of proceeds to principal shall not extend or
postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount
of the payments. If under paragraph 18 the Property is acquired by Mortgagee, Borrower's right to any
insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass
to Mortgagee to the extent of the sums secured by this Security Instrument immediately prior to the
acquisition.
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6. Preservation and Maintenance of Property; Leaseholds. Borrower shall not destroy, damage or
substantially change the Property, allow the Property to deteriorate or commit waste. If this Security
Instrument is on a leasehold, Borrower shall comply with the provisions of the lease, and if Borrower
acquires fee title to the Property, the leasehold and fee title shall not merge unless Mortgagee agrees to
the merger in writing.
7, Protection of Mortgagee's Rights in the Property; Mortgage Insurance. If Borrower fails to
perform the covenants and agreements contained in this Security Instrument, or there is a legal
proceeding that may significantly affect Mortgagee's rights in the Property (such as a proceeding in
bankruptcy, probate, for condemnation or to enforce laws or regulations), then Mortgagee may do and
pay for whatever is necessary to protect the value of the Property and Mortgagee's rights in the Property.
Mortgagee's actions may include paying any sums secured by a lien which has priority over this Security
Instrument, appearing in court, paying reasonable attomeys' fees actually incurred if and as permitted by
applicable law, and entering on the Property to make repairs. Although Mortgagee may take action
under this paragraph 7, Mortgagee does not have to do so.
Any amounts disbursed by Mortgagee under this paragraph 7 shall become additional debt of
Borrower secured by this Security instrument. Unless Borrower and Mortgagee agree to other terms of
payment, these amounts shalt bear interest from the date of disbursement at the Note rate and shall be
payable, with interest, upon notice from Mortgagee to Borrower requesting payment.
If Mortgagee required mortgage insurance as a condition of making the loan secured by this Security
Instrument, Borrower shall pay the premiums required to maintain the insurance in effect until such time
as the requirement for the insurance terminates in accordance with Borrower's and Mortgagee's written
agreement or applicable law.
8. Inspection. Mortgagee or its agent may make reasonable entries upon and inspections of the
Property. Mortgagee shall give Borrower notice at the time of or prior to an inspection specifying
reasonable cause for the inspection.
9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, In
connection with any condemnation or other taking of any part of the Property, or for conveyance in lieu
of condemnation, are hereby assigned and shall be paid to Mortgagee.
In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by
this Security Instrument, whether or not then due, with any excess paid to Borrower. In the event of a
partial taking of the Property, unless Borrower and Mortgagee otherwise agree in writing, the sums
secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the
following fractions: (a) the total amount of the sums secured Immediately before the taking, divided by
(b) the fair market value of the Property immediately before the taking. Any balance shall be paid to
Borrower.
If the Property is abandoned by Borrower, or if, after notice by Mortgagee to Borrower that the
condemnor offers to make an award or settle a claim for damages, Borrower fails to respond to
Mortgagee within 30 days after the date the notice is given, Mortgagee is authorized to collect and apply
the proceeds, at its option, either to restoration or repair of the Property or to the sums secured by this
Security Instrument whether or not then due.
Unless the Note provides otherwise, any application of proceeds to principal shall not extend or
postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount
of such payments.
10. Borrower Not Released; Forbearance By Mortgagee Not a Waiver, Extension of the time for
payment or modification of amortization of the sums secured by this Security Instrument granted by
Mortgagee to any successor in interest of Borrower shall not operate to release the liability of the original
Borrower or Borrowers successors in interest. Mortgagee shall not be required to commence
proceedings against any successor in interest or refuse to extend time for payment or otherwise modify
amortization of the sums secured by this Security Instrument by reason of any demand made by the
original Borrower or Borrowers successors in interest. Any forbearance by Mortgagee in exercising any
right or remedy shall not be a waiver of or preclude the exercise of any right or remedy.
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11. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants
and agreements of this Security Instrument shall bind and benefit the successors and assigns of
Mortgagee and Borrower, subject to the provisions of paragraph 16. Borrower's covenants and
agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but !does not
execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that
Borrower's interest In the Property under the terms of this Security Instrument; (b) Is not personally
obligated to pay the sums secured by this Security Instrument; and (c) agrees that Mortgagee and any
other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the
terms of this Security Instrument or the Note without that Borrower's consent.
12. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets
maximum loan charges, and that law is finally interpreted so that the interest or other loan charges
collected or to be collected in connection with the loan exceed the permitted limits, then, (a) any such
loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and
(b) any sums already collected from Borrower which exceeded permitted limits will be refunded to
Borrower. Mortgagee may choose to make this refund by reducing the principal owed under the Note or
by making a direct payment to Borrower.
13. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by
delivering it or by mailing it by first class mail unless applicable law requires use of another method. The
notice shall be directed to the Property Address or any other address Borrower designates by notice to
Mortgagee. Any notice to Mortgagee shall be given by first class mail to Mortgagee's address stated
herein or any other address Mortgagee designates by notice to Borrower. Any notice provided for in this
Security Instrument shall be deemed to have been given to Borrower or Mortgagee when given as
provided in this paragraph.
14. Governing Law; Severability. This Security Instrument shall be governed by federal law and the
law of the jurisdiction in which the Property is located. In the event that any provision or clause of this
Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other
provisions of this Security Instrument or the Note which can be given effect without the conflicting
provision. To this end the provisions of this Security Instrument and the Note are declared to be
severable.
15. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security
Instrument.
16. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property
or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and
Bomower is not a natural person) without Mortgagee's prior written consent, Mortgagee may, at its option,
require Immediate payment in full of all sums secured by this Security Instrument. However, this option
shall not be exercised if the exercise of this option by Mortgagee is prohibited by federal law as of the
date of this Security Instrument.
If Mortgagee exercises this option, Mortgagee shall give Borrower notice of acceleration. The notice
shall provide a period if not less than 30 days from the date the notice is delivered or mailed within which
Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums
prior to the expiration of this period, Mortgagee may invoke any remedies permitted by this Security
Instrument without further notice or demand on Borrower.
17. Borrower's Right to Reinstate. To the extent required by applicable law, Borrower may have
the right to have enforcement of this Security Instrument discontinued. Upon reinstatement by Borrower,
this Security Instrument and the obligations secured thereby shall remain fully effective as if no
acceleration had occurred.
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18. Acceleration; Remedies. Except as provided in paragraph 16, if Borrower is in default due
to the occurrence of any of the events of default provided in the "DEFAULT; TERMINATION AND
ACCELERATION BY MORTGAGEE" provision of the Note, Mortgagee shall give Borrower notice
specifying: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30
days from the date the notice is given to Borrower, by which the default must be cured; and (d)
that failure to cure the default on or before the date specified in the notice may result in
acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding
and sale of the Property. If the default is not cured on or before the date specified in the notice,
Mortgagee at its option may require immediate payment in full of all sums secured by this
Security Instrument without further demand and may foreclose this Security Instrument by
judicial proceeding. Mortgagee shall be entitled to collect all expenses incurred in pursuing the
remedies provided in this paragraph 18, including, but not limited to, reasonable attorneys' fees
actually incurred if and as permitted by applicable law and costs of title evidence.
19. Mortgagee In Possession; Assignment of Rents. Upon acceleration under paragraph 18 or
abandonment of the Property, Mortgagee (by judicially appointed receiver) shall be entitled to enter
upon, take possession of and manage the Property and to collect the rents of the Property including
those past due. Any rents collected by Mortgagee or the receiver shall be applied fast to payment of the
costs of management of the Property and collection of rents, including, but not limited to, receiver's fees,
premiums on receiver's bonds and reasonable attorneys' fees if and as permitted by applicable law, and
then to the sums secured by this Security Instrument. Nothing herein contained shall be construed as
constituting Mortgagee a "mortgagee in possession." unless Mortgagee shall have entered into and shall
remain in actual possession of the Property.
20. Release. Upon payment of all sums secured by this Security Instrument, Mortgagee shall
discharge this Security Instrument. Borrower shall pay any recordation costs.
21. Advances to Protect Security. This Security Instrument shall secure the unpaid balance of
advances made by Mortgagee, with respect to the Property, for the payment of taxes, assessments,
Insurance premiums and costs incurred for the protection of the Property.
22. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is
entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time
under the Note.
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this
Security Instrument,
_ _ - _ ..,_ Seal
K RL WH BorrowerDARWIN ,M HOFFHEINS_(04CEASEIO_ _
2TUrR b??-rC.,C? ?? (Sea_ I]
D orrowerl.OUISE B HOFFHEINS
TH OF PENNSYLVANIA, COUNTY OF rORER1.AND ss:
On this 6th day of Tyne 2nnA , before me,
BRENDA K BISHOP undersigned officer, personally appeared
Q ARWTN M LHOFFNATNS (DECE CCfl) AND L.OLrr?B HOFFHEINS
known to me (or satisfactorily proven) to be the PERSON whose NAME IS _ subscribed to the within
instrument and acknowledged that SHE executed the same for the purposes therein contained.
WITNESS my hand. and.:official seal, the day and year aforesaid.
(SEAL)
My Commission"`ke?,,.?.•;?,;?-r"gip: ?Y
MARCH 14
' ?,,to Public of P msylvanla
COMMONWEALTH OF PENNSYLVAt
PAx20e 07.16-0rt Notarial Seal Page 6 of 6
Brenda K Bishop, Notary PL"c
Carll 1* 8=, Cumbwbnd Cant'
??, ' ; MV Ooerr WM DO M Mar. 14,2W9
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CERTIFICATE OF RESIDENCE
I,RIIKAERI.Y S WHTTF. of
AUR7. N GENERAL FINANCIAL SERVjCAS. INC.
Mortgagee named in the foregoing mortgage, hereby certify
that the correct residence address of said Mortgagee is
b S HANnvt?R RT CARIIALE. PA 17n1I-A'Vnf
Witness my hand, this 6th day of .I ng _, Zppg_.
r ` )
gent of Mortgagee
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ROBERT P. ZIEGLER
RECORDER OF DEEDS
CUMBERLAND COUNTY
I COURTHOUSE SQUARE
CARLISLE, PA 17013
717-240-6370
Instrument Number - 200819575
Recorded On 6/11/2008 At 2:06:18 PM
"Instrument Type - MORTGAGE
Invoice Number - 22805 User ID - JM
* Mortgagor - HOFFHEINS, LOUISE B
Mortgagee - AMERICAN GENERAL FIN SER INC
* Customer - AMERJCAN GENERAL
* FEES
STATE WRIT TAX $0.50
STATE JCS/ACCESS TO $10.00
JUSTICE
RECORDING FEES - $17.50
RECORDER OF DEEDS
AFFORDABLE HOUSING $11.50
COUNTY ARCHIVES FEE $2.00
ROD ARCHIVES SEE $3.00
TOTAL PAID $44.50
1 Certify this to be recorded
in Cumberland County PA
R v ,o
RECORDER O D BEDS
- Information denoted by an asterisk may change during
the verification process and may not be reflected on this page.
* Total Pages - 8
Certification Page
DO NOT DETACH
This page is now part
of this legal document.
P 10/20
NllAlsll?lwllll?
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Secondary Mortgage Loan AMERICAN
Is agnasmsrrt is subject to the provisions ofthe-Secondary Mortgage Loan Act
AMERICAN GENERAL HOME EQUITY LINE OF CREDIT AGREEMENT I GENERAL
FEATECAN UNT NUMBER 42417556 FINANCIAL SERVICE
06/06/08 CREDIT LIMITS 40000.00
R/SECURED PARTY NAME AND ADDRESS "Lender" TYPE OF LOAN (Alpha) X00
( ) LENDER'S TELEPHONE NUMBER: 717-243-6055
GENERAL FINANCIAL SERVICES, INC.
ANOVER ST
SLE, PA 17013-3306
BORROWER(S) NAME AND ADDRESS ("I-,"We")
LOUISE B HOFFHEINS
23 VALLEY ST
CARLISLE, PA 17013
PROPERTY THAT SECURES THIS LINE OF CREDIT
Conventional Home and Real Estate [] Manufactured Home and Rest Estate Other Real Estate
PROPERTY ADDRESS PROPERTY ADDRESS PROPERTY ADDRESS
23 VALLEY ST
CARLISLE, PA 17013
1. Waning of some Words. In this Agreement, the words "Borrower," "I,' -me," "my," "we," and "our" mean all perso
signing this Agreement as a "Borrower" or "Co-Borrower." The words tender," "you; and your" mean
AMERICAN G JMAL FIN CTAt creVICES INC
successors and assigns i
2. Home Equity Line of Credit Agreement Lender has opened a Line of Credit for me (my 'Account'). This Americ
General Home Equity Line of Credit Agreement ("Agreement'1 states the terms and conditions of my Account. I have read ti
Agreement carefully and will keep a copy for my records.
3. Credit Limit. The maximum amount of credit available to me under this. Agreement is called my Credit Limit. My Cre
Limit is stated above. The total amount I owe Lender at any time under this Agreement and my Security Instrument (defined
Section 5 below) is called my Total Balance. The total amount available for me to borrow from my Account at any time Is call
my Available Credit. My Available Credit equals my Credit Limit, less my outstanding Principal Balance. My Principal Balan
is the amount I owe Lender for each Draw (defined In Section 7 below) on my Account, as well as any fees and charges that r
added to my Principal Balance and any credit insurance premiums.
4. Promise to Pay. I promise to pay to the order of Lender my Total Balance. If more than one Borrower signs t
Agreement, all of us are bound by this Agreement, and each of us, together and individually, will keep all of the promises
make in this Agreement, including our Promise to Pay. If someone other than a Borrower uses my Account, I promise to E
amounts owed to Lender because of Draws by that person, even if that person did not have my permission and even if 1 t?
Lender that the person was using my Account, to the extent permitted by applicable law.
5. Security Interest At the time I sign this Agreement, 1 also will give Lender a mortgage, deed of trust, and/or other secui
instrument (the "Security Instrument'). The Security Instrument gives Lender a security Interest In the property (the "Secui
Interest'1 described at the beginning of this Agreement (the "Property'). Lenders Security Interest will be limited to my Crv
Limit plus any unpaid finance charges. The Property will be used as the principal residence of at least one Borrower, unk
Lender otherwise agrees. I agree not to allow any other lien to be filed against the Property that will be superior to or advers
affect Lender's Security Interest.
The Security Instrument will not secure other debts I owe Lender, unless it specifically states that It secures those debts. T
Agreement and my Account will not be secured by a mortgage, deed of trust, or other security instrument on anyone's princi
residence, unless the mortgage, deed of trust, or other security agreement specifically states that it secures this Agreement.
6. Using My Account.
Right to Cancel. If the Property is the principal residence of any Borrower, I may be entitled to cancel all or a part of t
Agreement under the Truth in Lending Act and Regulation Z or other applicable law. If Lender gives me a Right to Cancc
may not use my Account until the Right to Cancel expires. I may also be entitled to rescind a Security Interest added
increased in the event that the Credit Limit on my Account is increased.
The Term of This Agreement. The term of this Agreement is divided into two periods: the _. year "Draw Period" and
'Repayment Period." The Repayment Period will vary depending on the payment option I choose.
Draw Period. An advance of funds from my Account is called a Draw. This Agreement and the Draw Period begin
06/06/08. The Draw Period will continue for -5- years and will end on Q6Z Sit 1 (the "last Draw Date").
Repayment Period. After the Draw Period ends, the Repayment Period begins ("Repayment Period"). During
Repayment Period, I may not take any Draws, and I must repay the Total Balance in accordance with the payment optic
choose.
Credit Limit. I may make Draws on my Account up to my Credit limit; however, I may not take a Draw greater than
Available Credit. If I do request a Draw greater than my Available Credit in violation of this Agreement, Lender may bu
nnf nhlinafaif to hn- thM IN,.- mnnaet ,nrr 1 andar it nnf nhrinatad In hnnnr fnfuro nlraw ranim.On in P.Yrj-.Pq of my Cn
n1?R•
7. netws. There are two kinds of Draws: the "First Draw" and "Subsequent Draws,"
First Draw. I must take a First Draw in the minimum amount of $ th- on Qfj1 1 Ong (the "First Draw Date')_ M
First Draw will be paid to me by check. In addition to my First Draw, any Fees due under this Agreement that I choose t
finance will be added to my Principal Balance.
SEE ADDITIONAL PAGES FOR IMPORTANT INFORMATION
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AMERICAN GENERAL HOME EQUITY LINE OF CREDIT AGREEMENT (con't)
Subsequent Draws. I may take Subsequent Draws during the Draw Period by writing special checks from time to to
(each, a "Check', but I may not request a subsequent Draw for an amount greater than my Available Credit, Ea
Subsequent Draw must be for at least S 100, g0 . Immediately after any Subsequent Draw, my Principal Balance mi
exceed 3.ALA . I may obtain Subsequent Draws at Lender's offices or by using my.Checks I receive from Lend
Lender may charge amounts to my Account as Subsequent Draws to protect Lender's Security Interest in the Property,
stated in the Security Instrument, at any time.
Checks. I can use my Checks, subject to the terms of this Agreement. When Lender honors a Check, Lender may char
the amount of the Check to my Account, even if it is post-dated, stale, or will cause me to exceed my Credit Limit. Lender
not obligated to pay Checks that will cause me to exceed my Credit Limit, but, if Lender does so, Lender is not obligated
do so again in the future. Checks will not be returned with my Monthly Statements. Lender can pay Checks In any ortiei
chooses even though this may affect whether I exceed my Credit Limit, unless otherwise required by law.
Stop Payment Requests. If I ask, Lender may attempt to stop payment on a Check, but Lender will have no liability to r
if tender does not. An oral request to stop payment is good for only fourteen (14) calendar days unless I confirm It In writs
MOM that period. A written request is good for only six (6) months unless I renew it in writing within that period, 1 v
contact Lender immediately if I wish to stop payment on a Check. Lender then will send me a "Stop Payment Request" fo
that I must sign and return to Lender. Lender will advise me of other rules that will apply to Stop Payment Requests,
Loss of Checks. I must notify Lender immediately if any of my Checks are lost or stolen or if I loam that any of the Chec
have been used without my permission. To report the loss or theft of my Checks, I may write to Lender at the address list
at the beginning of this Agreement or on my Monthly Statement ("Lender's Address's or call Lender at the telephone numt
listed at the beginning of this Agreement or on my Monthly Statement ("Lender's Telephone Number"). Lender may Chan
Lenders Address or Lender's Telephone Number by telling me in my Monthly Statement. If my Account is closed for a
reason, I agree to return all unused Checks to Lender immediately.
Restrictions on Draws. Lender may refuse to honor any Draw request:
(a) that will cause me to exceed my Credit Limit;
(b) that I try to use to make any payments on my Account or any other account due to Lender, unless I first get Lender's
permission in writing;
(c) that does not comply with this Agreement;
(d) If Lender has suspended or terminated my Account; or
(e) if I am otherwise in default of this Agreement.
Lender is not responsible if I am dissatisfied with the goods or services I have purchased or leased with Draws from r
Account or If anyone does not accept my Check.
d. Now My Finance Charges Are Computed. Finance charges will be assessed on my Account in the form of Additional Fe
described in Section 10 below and by applying the applicable daily periodic rate disclosed in Section 9 below to the overa,
daily balance on my Account and then multiplying the resulting product by the number of days in the billing cycle. The Flnan,
Charge calculated in this manner will never exceed the Finance Charge that would result from applying the daily periodic rate
the daily balance for each day of the billing cycle. Finance charges will be disclosed on my Monthly Statement as the Finarn
Charge. The daily periodic rate applied to my Account will be determined by dividing the annual percentage rate applicable
my Account (the "Annual Percentage Ralel for the billing cycle by 365 (the "Daily Periodic Rate").
Calculation of Average Daily Balance. Lender figures a portion of the Finance Charge on my Account by applying the Do
Periodic Rate to the average daily balance on my Account. To get the average daily balance, Lender takes the beginnk
Principal Balance (which excludes any accrued and unpaid finance charges resulting from the daily
Account each day, adds any new Draws, Fees (as defined below), and credit insurance premiums (except as ttherwise) on n
prov
in this Agreement), and subtracts any payments or credits. This gives Lender the "Closing Daily Balance" on my Ac oouuii
Then, Lender adds all the Closing Daily Balances for the billing cycle and divides the total by the number of days in the billh
cycle. This gives Lender the "Average Dally Balance." The Closing Daily Balance will reflect payments, crecifts, draws, ai
debits posted to my Account each day but will not include any unpaid finance charges resulting from the daily periodic rate.
No Grace Period. There Is no grace period durin which I can make a payment and avoid a Finance Cha e. Finance charg,
to accrue on a ay t at rows, ees as defined below
will begin ), or credit insurance premiums are post to my Account.
9. Annual Percentage Rates/Daily Peri odic Rates. The interest rate that Lender uses to calculate a portion of the Finarn
Charge on my Account is called an Annual Percentage Rate or a Daily Periodic Rate. The Annual Percentage Rate is the Do
Periodic Rate of interest on my Account expressed as an annual rate.
0 Fixed Annual Percentage Rate/Daily Periodic Rate. The ANNUAL PERCENTAGE RATE applied to my Accou
is 12.87096. The Daily Periodic Rate applied to my Account is -J=%.
Variable Annual Percentage Rate/Daily Periodic Rate. My Annual Percentage Rate and Daily Periodic Rate rn.
change NLA . The Annual Percentage Rate and the Daily Periodic Rate on my Account are based on an inde
The index is the highest Prime Rate in the "Money Rates" listing in The Wall Street Journal on the first business day after Ill
14th day of the month preceding each ALA anniversary of my Account. The anniversary of my Account
N/A from the Date of Agreement above and the same date of each ALA
"Anniversary'). To get my Annual Percentage Rate, Lender adds A thereafter (n
initial ANNUAL PERCENTAGE RATE is N ?-- percentage point(s) (the "Margin's to the index. A
and my initial Daily Periodic Rate is LA %. If the index becom.
unavailable during the term of this Agreement, Lender may use a comparable index after Lender notifies me.
Rate Changes. The Annual Percentage Rate can change X1
_, but the rate cannot increase or decrease by mo
than NIA percentage point(s) at any rate change. Changes in the Annual Percentage Rate and Daily Periodic Rate for n
Account will take effect on the first day of the billing cycle beginning on or after the Anniversary of my Account. My Montt
Statement will show the Annual Percentage Rate and Dally Periodic Rate that applied to my Account during the billing cyd
Increases in the Annual Percentage Rate and Daily Periodic Rate for my Account may result in a greater Finance Charge si
:.. ,L,,, , _,..,,, .,.,,L.........., A....,,....A T,... AAIRII IAI OCOPCKITAPC DATC
nn - Annn.,M „
never .be more than N A %, which is the same as a Daily Periodic Rate of N/A or be less than
the same as a Daily Periodic Rate of N/A %.N/A --/0, which i.
SEE ADDITIONAL PAGES FOR IMPORTANT INFORMATION
PAX442 (07.13.03) PA HELOC 2nd Mortgage Agreement (1.2) Page 2 Borrowers Initials
2009-02-17 14:04 AGFS 1496 Carlisle 717-243-5546 >> 610 275 2866 P 13/2
AMERICAN GENERAL HOME EQUITY LINE OF CREDIT AGREEMENT (con't)
? Introductory Discount for Annual Percentage Rate/Daily Periodic Rate, Initially, during the discount period, th
Annual Percentage Rate and Daily Periodic Rate applicable to my Account will not be the Annual Percentage Rate and Dail
Periodic Rate shown above. The Introductory ANNUAL PERCENTAGE RATE is XLA %, and the introductory Dail
Periodic Rate is LA %. The Introductory Annual Percentage Rate and Daily Periodic Rate applicable to my Account will t
In effect from the First Draw Date through the first Ill billing cycles. Thereafter, beginning on the first day of the next b[Hin
cycle, the Annual Percentage Rate and Daily Periodic Rates shown above will apply.
Each Annual Percentage Rate disclosed above Includes only interest and not other charges.
10. Fees. I agree to pay certain fees and charges ("Fees') as provided below. I agree that Lender may charge these Fees I
my Account and Include these Fees in my Principal Balance, except as otherwise provided in this Agreement. Fees will not k
refunded if my Account is dosed for any reason, unless required by law.
Loan Fees. I agree to pay the following Loan Fees in connection with my Account. If I do not pay the Loan Fees in cash wher
open my Account, funds may be advanced from my Account to pay these Loan Fees at the time I take my First Draw.
Loan Fees Paid to Lender.
Loan Fees Paid to Third Parties.
$ 542.50 Title Insurance Fee
S 350.00 Appraisal Fee
$ 46.50 Recording/Releasing Fees RE
Additional Fees. I also agree to pay the following Additional Fees on my Account. These Fees are an additional kind
FINANCE CHARGE. These Additional Fees will appear on my first Monthly Statement in the "FINANCE CHARGE box.
Additional Fees Paid to Lender.
$ 1200.00 Points
Additional Fees Paid to Third Parties.
Account Fees. If checked, Lender may charge the following Fees to my Account:
? Initial Annual Fee. Lender may charge an Annual Fee on my Account on my first Monthly Statement. The Initial Annr
Fee is $ N/A
? Subsequent Annual Fee. Lender may charge a subsequent Annual Fee on my Account on each annual annivem
during my Draw Period_ The subsequent Annual Fee is $m/A
Q Late Fee. I may have to pay a Late Fee as more fully described In Section 34.
Returned Check Fee. I may be required to pay a Returned Check Fee as more fully described In Section 35.
? Reconveyance Fee. I may be required to pay a Reconveyance Fee as more fully described in Section 36.
11. Payment Options. Each month I must pay at least the Minimum Payment shown on each of my Monthly Statements
the payment due date. I may make larger payments on my Account at any time and in any amount, but I still must make r
Minimum Payment due for the month(s) following that larger payment. The larger my payments, the smaller the total Finar
Charge I will have to pay over the tern of this Agreement. I may pay the Total Balance on my Account in full at any tir
however, I may be required to pay a PrepaymenVTermination Fee, as provided in Section 33.
? Percent of New Balance Option. Under this option and subject to any balloon payment below, my Minimum Payme
will be due monthly and will include any Past Due Amounts and any Late Fee and any Returned Check Fees assessed for
billing cycle, plus a Current Payment equal to N/A % of the sum of the Principal Balance, the finance charges, and
credit insurance premiums assessed for the current billing cycle.
p Assumed Tenn Option. Under this option and subject to any balloon payment below, my Minimum Payment will be
monthly and will include a Current Payment equal to an amount that would amortize the Principal Balance and the Pine
Charge to be earned on my Principal Balance over an assumed term of -L5- years (the "Assumed Term") in substantially et
amounts each billing cycle, plus any Past Due Amounts and any credit insurance premiums, any Late Fee, and any Retur
Check Fees assessed for the billing cycle. During my Draw Period, if my Principal Balance changes because I take a C
and/or Fees are charged to my Account or if my Annual Percentage Rate changes (other than an adjustment resulting from
expiration of an Introductory Rate), my Current Payment will be adjusted at the end of the billing cycle in which the cha
occurs to an amount that would amortize my Principal Balance and the Finance Charge to be earned on my Principal Balanc
substantially equal amounts each billing cyde over my Assumed Tenn; however, the due date of any balloon payment tx
will remain the same. During the Repayment Period, each time my Annual Percentage Rate Is adjusted or an advance is m
from my Account pursuant to this Agreement, my Current Payment will also be adjusted to an amount that would amortize
Principal Balance and the Finance Charge to be earned over the remainder of my Assumed Term; however, the due date of
balloon payment below will remain the same.
IR YV?VIIIII/IW MtNyl VIq 1y1 "Jtllyll? %*VLIVII yYVyy Id IVW ?IIg1I
equaF$ Sn_ nn or the New Balance shown on my Monthly Statement, whichever is less. .. ' y',,,y'•L '"
• 11 BaU00n Payment. If I only make the required Current Payments on my Account, they will not be sufficient to repay m
Total Balance. I will then be required to pay my remaining Total Balance in a single "Balloon Payment" on YjJe
n?oNrwolar?Aa
SEE ADDITIONAL. PAGES FOR IMPORTANT INFORMATION
UNXF01 (04-17-05) HELOC Agreement (3.4) Pepe 3 Borrowers InIlIals
2009-02-17 14:04
P 14%2
AGFS 1498 Carlisle
717-243-5546 >> 610 275 2866
AMERICAN GENERAL HOME EQUITY LINE OF CREDIT AGREEMENT (con't)
Allocation of Payments. Account payments will be applied first to any Late Fee, then to any Returned Check Fee, any cre
life insurance premiums billed (where applicable), any credit involuntary unemployment insurance premiums billed (whi
applicable), then to finance charges assessed on my Account, and finally to the Principal Balance of my Account, unit
otherwise required by law. Credit Insurance premiums are billed as of the Billing Cycle Closing Date as defined in Section
below.
Form of Payments. I must make my payments by check, money order, or similar instrument payable In U.S. funds and dra
on a financial institution located in the U.S. I may not mail Lender cash or use a Check (see Section 7 above) to pay Lend
however, I may make my payments In cash in person at any of Lender's offices. I agree not to send Lender payments marl
"paid in full," "without recourse," or similar language unless those payments are marked for special handling and sent
Lender's office servicing my Account.
Where to Send My Payments. 1 must send my payment to Lender's Address listed on my Monthly Statement. Payments I
Lender receives at Lender's Address by 3 PM each business day will be credited to my Account as of the date of r'eee
Payments that Lender receives at Lender's Address after this time will be treated as received by Lender on the next busim
day. Payments received at any other location will be credited no later than five (5) days after Lender receives them to
credited. I will be sure to include my payment coupon with my payment. If I fail to include my payment coupon, my paym
may not be credited to my Account for up to five (5) days. Delayed crediting may cause me to incur a Late Fee anc
additional finance charges.
First Payment Due Date. if your account has a balance as of the dosing date, your first payment due date will be o7 /an ins
IONTWDAYrr
12. Monthly Statements. Lender will bill me for payments due on my Account, every month, by sending me a bill
statement, called a Monthly Statement. The period of time covered by each Monthly Statement is called a "Billing Cycle."
first Billing Cycle begins on the Date of Agreement. The last day of each Billing Cycle is called the "Billing Cycle Closing Dal
Each Monthly Statement will show the activity on my Account during the Billing Cycle. The day of the month when et
payment will be due is shown after the words "Payment must be received on or before" (the "Payment Due Date"). Ei
Monthly Statement will show the Billing Cycle Closing Date, the Payment Due Date for the Billing Cycle, and certain of
required information. Lender will send each Monthly Statement to the Borrowers address listed at the top of page 1 of t
Agreement, called "Borrower's Address."
When Lender Will Send My Monthly Statements. Lender will send me a Monthly Statement for each Billing Cycle in whi
(1) Lender charges a Finance Charge; (2) Lender charges a Fee; (3) there is any other activity on my Account; or (4) the i
requires that Lender send me a Monthly Statement.
Billing Errors. I should review each Monthly Statement carefully and advise Lender in writing of any errors within sixty
days of the Billing Cycle Closing Date, as more fully explained on the Billing Rights Statement that accompanies 1
Agreement.
13. When Lender May Prohibit Subsequent Draws or Reduce My Credit Limit. To the extent permitted by applicable
and as provided in the Agreement, Lender may prohibit Subsequent Draws or reduce my Credit Limit If:
(a) The value of the Property decreases significantly below the appraised value of the Property. The appraised value of
Property is the value shown by Lenders most recent appraisal of the Property (the Appraised Value); or
(b) Lender reasonably believes that I will be unable to make my Minimum Payments on time because of a mate
adverse change In my financial circumstances; or
(c) I am in default of a material obligation under this Agreement. A material obligation includes, but is not limited to,
promise: () to notify Lender immediately should there be an adverse change in my credit or financial condition; (if
give Lender updated financial or credit information upon request; (iii) not to permit any lien to be flied against
Property that will be superior to Lender's Security Interest; and (iv) not to exceed my Credit Limit; or
(d) Govemmern action: (r) prevents Lender from charging any Annual Percentage Rate provided under this Agreement
p) adversely affects the priority of Lender's Security Interest in the Property to the extent that the value of Lend,
Security interest is less than 120% of my Credit Limit; or
(e) When the maximum Annual Percentage Rate under this Agreement is reached; or
() Lenders' regulators consider Subsequent Draws to be an unsafe and unsound lending practice; or
(g) I ask Lender to reduce or limit my Subsequent Draws; or
(h) Any event listed in Section 15 below occurs.
How to Reinstate My Account. Lender will reinstate my Account during the Draw Period if: (1) 1 ask Lender in writlnf
reinstate; (2) 1 pay any credit report fees and any appraisal fee Lender incurs to update Lender's credit information about me;
Lender agrees that the reason that caused Lender to prohibit Subsequent Draws or reduce the Credit Limit no longer exists;
(4) there is no other reason for Lender to prohibit Subsequent Draws or reduce my Credit Limit. Lender may require that
Borrowers sign any request to reinstate.
14. Required Property Insurance. I am required to maintain hazard Insurance on the property In types and amok
acceptable to Lender ("Required Insurance"). I have the option of providing the Required Insurance through an existing po
of insurance owned or controlled by me, or through a policy to be obtained and paid for by me. I may purchase this Requ:
Insurance through any insurer, insurance agent, or broker of m choice that is acceptable to Lender, Lender may for reasonr
cause decline any insurance provided by me. Required insurance is not available for purchase through Lender. Requ
Insurance must: (a) insure the Property against all risks of physical damage, including loss by fire and other hazards for
term of the Agreement; (b) have terms and amounts satisfactory to Lender, (c) name Lender as loss payee or mortgagee;
not permit the addition of any other loss payee or mortgagee to the Insurance policy unless Lender consents in writing;
provide that such Insurance will not be canceled or modified without at least fifteen (15) days prior written notice to the I
payee or mortgagee; and M not include any disclaimer of the insurer's liability for failure to give such notice. I agree to prop
Lender with satisfactory proof of my Required Insurance.
I agree to keep my Required Insurance in force until all amounts that I owe Lender under this Agreement and the Seek
Instrument are paid in full, my Account is terminated, and Lender releases or discharges the Security Instrument. In case
riamann to nr inca of thn Prnnarty 1 anrAA to niVR nrmmnt notiPh in 1 an (inr anti the. 1nCrrrannA ratfrAt. if I frail to oromntly natif
•114alte plum ui ivy to use nlaulofI -o UUMV1, Lr11UC1 Illtly \UUL W IIVL IGltVI1VU LV) VV .OU VII Illy /1611011. I QUI VU u1aa VVIIVVI LIMY u'^
any insurance proceeds to reduce the amounts that I owe under this Agreement and the Security Instrument. I authorize Lendel
to adjust my losses and sign my name to any check, draft, or other papers necessary to obtain such insurance payments. I-
Insurance proceeds paid to Lender do not satisfy all amounts that I owe Lender under this Agreement and the Securitl
Instrument, I remain responsible for payment of the balance of any amounts due under this Agreement nd he Securit)
Instrument.
SEE ADDITIONAL PAGES FOR IMPORTANT INFORMATION
uwtFey (04-17.06) HEl.oc Agr"Morll (3-4) Page 4 Borrower's Inltlels
1498 Carlisle 717-Z43-5546 >> 61U ZT5 2866 P 15/;
AMERICAN GENERAL HOME EQUITY LINE OF CREDIT AGREEMENT (cony)
If, at any Ume, I fail to buy or keep In force my Required Insurance, Lender may (but Is not required to) purchase insurance
my expense to protect Lender's interest in the Property. I agree that Lender may, at Its sole option, cancel this insurance a
that Lander has a security Interest in any unearned premiums from such Insurance and I hereby assign to Lender any right
may have to said unearned premiums and I authorize and appoint Lender as my attomey-in-fact to cancel the Insurance a
apply the unearned premiums to reduce my Account upon cancellation of said insurance. I agree that this Insurance may, t
need not, protect my interests. The coverage purchased by Lender may not pay any claim 1 make. I agree that the cost
insurance purchased by Lender may be much more than the cost of insurance I could have obtained on my own, and I agr
that the cost of such insurance may, to the extent permitted by law, be added to my Principal Balance and accrue finan
charges. 1 authorize Lender to purchase the insurance required by this AgreemenL I understand that Lender or its affiliate m
earn a profit from the purchase of this Insurance, to the extent permitted by applicable law.
IS. DefaubL To the extent permitted by applicable law, I will be in default of this Agreement If:
(a) I file for, or my creditors place me in, bankruptcy and 1 fail to meet the repayment terms of this Agreement; or
(b) I do not make any Minimum Payment by the Payment Due Date or otherwise fail to meet the repayment ten
provided for in this Agreement; or
(c) I commit fraud or materially misrepresent any information with regard to my Account, including, but not limited
material misrepresentations in my credit application, financial statements that I make to Lender, or any corresponder
or discussions that I have with Lender about my Account; or
(d) Any action or inaction by me adversely affects Lender's Security Interest in the Property, for example: (i) I transfer t
to the Property or sell the Property without Lender's prior written permission; (iI I do not maintain Required Insurer
on the Property; (ill) I do not pay, when due, taxes that would become a lien on the Property; (iv) I am the o
Borrower and I die; (v) I do not maintain the Property, I abandon the Property or 1 commit waste or otherw
destructively use the Property; (vD a lien that is superior to Lender's Security Interest is filed against the Property, o
lien that is subordinate to Lender's lien is filed against the Property and that lien adversely effects the Property
Lender's rights in the Property; (vii) the Property Is taken by condemnation or eminent domain; (viii) the Property
foreclosed upon by another lien holder, (Ix) another creditor attempts to enforce a judgment against the Property;
use the Property illegally such that the Property could be seized; or (xi) 1 move out of the Property; or
(e) One of two Borrowers dies and Lender's Security Interest is adversely affected thereby.
(For Kansas residents only, lender believes the preceding events would significantly Impair the prospect of paymc
performance, or realization of collateral. Except for a default resulting from my failure to make any payment as required.by I
Agreement, the burden of establishing the prospect of such significant impairment is on the Lender.)
If 1 default, Lender may, subjed to providing required notices and right to cure: (a) prohibit Subsequent Draws and; (b) reds
my Credit Limit and; (c) dose my Account and require me to pay Lender the Total Balance right away and, (d) foreclose on
Property. If I default and Lender hires an attorney who is not Lender's employee to collect my Account, I will pay Lend
collection costs, including court costs and foreclosure costs and reasonable attorney's fees, to the extent permitted by applica
law.
All of Lender's rights and remedies shall be cumulative and nonexclusive with respect to each and every Borrower
Co-Borrower obligated under this Agreement.
16. When Lender May Close My Account. If 1 am in default, Lender may close my Account and require me to pay the T,
Balance immediately, after providing me any notice of default and opportunity to cure required by applicable law. If I an
default. Lender first may choose to take other action, such as prohibiting Subsequent Draws or reducing my Credit Lk
however, unless Lender reinstates my Account, Lender does not give up Lender's right to close my Account and require mr
pay Lender the Total Balance immediately, even if I do not default again. If Lender doses my Account and requires me to
Lender the Total Balance right away, I must pay the Total Balance I owe Lender Immediately. Until I pay Lender in full,
Principal Balance will continue to accrue finance charges at the rate disclosed in this Agreement, or the maximum rate allot
by applicable law, whichever is less.
17. Closing My Account. Except as otherwise provided in this Agreement, I may close my Account at any time by cal
Lender at Lender's Telephone Number and sending a written request to Lender's Address. Lender will close my Account w
Lender receives my notice. If more than one person signs this Agreement as a Borrower, any Borrower's request to close
Account will be treated as a request to close this Account by all Borrowers. Lender may not honor any Check Lender recei
after Lender receives my notice. If I close my Account, I must stop using it immediately and pay the Total Balance I
Lender. Until I pay Lender in full, Lender will charge finance charges on the Principal Balance of my Account.
18. Credit Information. 1 must notify Lender immediately if there is any adverse change in my credit or financial conditio
will provide Lender with updated financial or credit information when Lender requests it. Lender may get consumer reports f
consumer reporting agencies when Lender reviews my Account.
19. Notices. Lender will send me any notice required by this Agreement or by law to Borrower's Address. I will tell Lendc
writing if Borrower's Address changes. If Lender mails me a letter, notice, or statement to Borrower's Address, Lender
assume that I have received It. If 1 send Lender a notice or letter, I must send it to Lender's Address or any other adds
Lender specifies In my Monthly Statement.
20. Tax Deductions. Lender has made no promises to me nor advised me in any way whether the Finance Charges and F
are "interest" that I may deduct on my tax returns. I should consult a tax advisor about deducting Finance Charges and Fee:
my tax returns.
21. No Transfer. I will not transfer or assign any of my rights under this Agreement. Lender may transfer or assign any a
of Lender's rights under this Agreement.
22. Telephone Calls. Lender may listen to or record Lender's telephone calls with me for quality control purposes. Let
may use and 1 consent to the use of automated telephone equipment or prerecorded telephone calls to contact me about
Account, to the extent allowed by law. If I have a telephone answering device, Lender may leave messages about my Acc
33. No Waiver. Lender may choose to delay enforcing any of Lenders rights or waive any of Lender's rights under thi
Agreement. Lender may delay enforcing or waiving any of Lender's rights without affecting Lenders other rights. If Lende
waives a right, Lender can still enforce the same right later.
SEE ADDITIONAL PAGES FOR IMPORTANT INFORMATION
UNXT51 (0603.07) HELOC Aprbemem (5.6)
Pape 5
BorrovW9 Inltlals
2009-02-17 14:04
16/2
AGFS 1498 Carlisle
>> 610
.1-,
AMERICAN GENERAL HOME EQUITY LINE OF CREDIT AGREEMENT (con't)
24. Lenders Errors. Lender does not intend to charge or collect any interest, charge, or fee that is more than the law allow
If Lender charges or collects any amount over what the law allows, Lender will apply the excess amount first to the Princip
Balance due on my Account as a partial prepayment without any PrepaymentlTermination Fee. If I have paid my Account
full, Lender will refund any excess amount. If any part of this Agreement is finally determined to be unenforceable under al
law, rule, or regulation, all other parts of this Agreement still are valid and enforceable.
25. Now Lender May Change This Agreement. Subject to any state law requirements, Lender may change the terms of tf
Agreement if: (a) I have already agreed to the change in this Agreement; (b)1 agree to the change in writing at the time Lend
requests it; (c) the change unequivocally will benefit me during the remaining term of this Agreement; or (d) the change
insignificant (such as changes relating to Lender's data processing systems).
26. Entire Agreement. This Agreement, which Includes the Insurance Disclosure Summary, if one was provided to yc
contains the entire agreement of the parties with regard to the subject matter hereof, and no party hereto has relied upon a
representations except such as are specifically set forth herein. This Agreement cannot be modified in any respect except by
amendment in writing signed by the parties. All notices under this Agreement shall be in writing and directed to the parties
the addresses shown at the beginning of this Agreement or to such other address as a party may specify by notice'glven
accordance with this paragraph.
27. Broker Representations. Borrower acknowledges that any broker Involved in the transaction is not Lender's agent, a
Lender is not bound by any of the broker's representations.
28. Release of Security. Lender is not obligated to release the Security Instrument on the Property'unless there are no long
any amounts owing to Lender under this Agreement and unless I indicate to Lender in writing that I want to terminate r
Account.
29. Not applicable.
30. Not applicable.
31. Miscellaneous. I waive the defenses of presentment, notice of dishonor, and protest, if any, to the enforcerierd'of 11
Agreement and any Security Instrument. Time is of the essence of this Agreement. If any provision of this Agreement shall
adjudged or deemed Invalid, illegal, or unenforceable, such provision shall be deemed stricken from this Agreement and t
remainder of the Agreement shall be construed as if such provision had never been Included. Plural words shall be construed
the singular and singular words in the plural as their context may require, or as required to give effect to the.terms of I
Agreement. I agree to cooperate In executing any extension or statement of maturity of the Security Instrument securing t
Agreement.
32. Arbitration Agreement and Waiver of Jury Trial. (See following pages).
33. Voluntary Credit Insurance. Lenders affiliate may provide the credit insurance that I voluntarily select- Lender and/or
affiliates expect to profit from my purchase of voluntary credit and personal property insurance and I consent to this. The ter
"credit Insurance" and "credit life insurance" include debtor group life insurance, where offered.
SEE ADDITIONAL PAGES FOR IMPORT IT INFORMATION
The following notice applies if the proceeds of this loan will be applied in whole or substantial part to a purchase of goods
from a seller who either refers consumers to the Lender or who is affiliated with the Lender by common control, contract,
or business arrangement:
NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND
DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES
OBTAINED WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED
I/We acknowledge that my/our monthly scheduled payments under my/our Agreement with Lender do not include
or premiums for insurance covering the property. There are nQ
esacrowis mfor _poun property tax accounts under special my/our Agreement.
INVe agree to make required payment(s) to the appropriate taxing authority and/or insurance provider as the ar ue.
UNXT52 (08-0307) HELOC Agreement (5.6) Page s Borrower's InMals
AN GENERAL HOME EQUITY LINE OF CREDIT AGREEMENT Icon't)
OF
the dispute. TO THE Fl
VOLUNTARILY WAIVING
ARBITRATION AGREEMI
("Coverod Claims"). This Inc
My loan from L
Contract") wheel
omissions relabi
product service
made by or sex
involvement by
Arbitration Agra
dosing,
ordinance, or ru
any information
tort (wrong), Inc
ARBITRATION AGREEMENT AND WAIVER OF JURY TRIAL
ON. Arbitration is a method of resolving claims and disputes between parties without having to file a laws
(Moth sides present their case to a neutral third person-the ort?Hrator-instead of a judge or jury, to resc
ST EXTENT PERMITTED BY LAW, BY SIGNING THIS AGREEMENT, BOTH LENDER AND I A
f RIGHT TO A JURY TRIAL OR JUDGE TRIAL OF ALL CLAIMS AND DISPUTES COVERED BY TI
["this Arbitration Agreemettt").
VERED. Except for those claims mentioned below under the heading "MATTERS NOT COVERED
igree that either party may elect to resolve by BINDING ARBITRATION all claims and disputes between
les, but is not limited to, all claims and disputes arising out of, in connection with, or relating to:
der today; any previous loan from Lender and any previous retail credit agreement ("Retail
open or closed-end, assigned to Lender; all documents, promotions, advertising, actions, or
to this or any previous loan or Retail Contract made by or assigned to Lender; any insurance
)ntrad, or warranty purchased In connection with this or any previous loan or Retail Contract
nod to Lender; any product or service offered to Lender's customers with any assistance or
stdwr whether the claim or dispute must be arbitrated; the validity and enforesabllity of this
feat and the Agreement, my understanding of them, or any defenses as to the validity and
ie Agreement and this Arbitration Agreement; any negotiations between Lender and me; the
collecting, or enforcement of any transaction covered by this Agreement; any allegation of fraud_' on; any claim based on or arising under any federal, state, or. local law, statute, regulation,
any claim based on state or federal property laws; any claim basedon the improper disclosure of
otected under state or federal consumer privacy laws; any claim or dispute based on any alleged
ling intentional torts; and any claim for injunctive, declaratory, or equitable relief.
COVERED CLAIMS AGAINS THIRD PARTIES. This Arbitration Agreement also covers any claim or dispute between me and on;
Lender's employees, officers, gents, or directors; any of its affiliate corporations; any entities which provided Insurance in connection
this or any previous transacts is between me and Lender, any third parties that assigned Retail Contracts or other agreements to Len
and any of the employees, fficers, agents, or directors of such affiliates or third parties. Affiliate corporations are Lender's ps
corporations, subsidiary Corp rations, and sister corporations. Some of Lerideri-affiliates are American General Finance Curpois
American General Financial ces, Inc., Merit Life Insurance Co., and Yosemite Insurance Company. In addition, If Lender beeomx
party in any lawsuit that I ha with any third party, whether through intervention by Lender or by motion made by me or any third part)
claims in that lawsul between me and the third party will be subject to binding arbitration under this Agreement, provided that the third p
Is required to agree to resolve such claims by arbitration.
MATTERS NOT COVERED 15Y ARBITRATION. I agree that Lender does not have to initiate arbitration before exercising lawful self-
remedies or judicial reme ie o garn s m , repossession, replevin, or foreclosure, but instead may proceed in court for those jud
remedies (an "Excluded Coll erol Lawsuir). I may assert in court any defenses 1 may have to Lender's claims in such a lawsuit, but
claim or counter claim for r ion or damages I may have arising out of, relating to, or in connection with Lenders exercise of tl
remedies must be arbitrated. Instead of pursuing arbitration, either Lender or I also have the option to bring a lawsuit in court to see
recover an amount which d not exceed the total sum of $5,000.00 (including costs and attorneys' fees), provided that no relief other
such recovery is requested in such lawsuit (an "Excluded Damages Lawsuit"). If an Excluded Damages Lawsuit is filed, the other I
cannot require that the claims in that lawsuit be arbitrated. An Excluded Damages Lawsuit can be brought to recover money for myst
Lender only, not for any class or group of persons having similar claims. If such an Excluded Damages Lawsuit is filed by me or Lender,
any party to that lawsuit files an amendment, counterclaim, cross-claim, or third-patty claim seeking to recover more than $5,000, then
claim, counterclaim, cross-claim, or third party claim must be arbitrated in accordance with the procedures set forth In this Arbltn
Agreement Neither I nor Lender shall be deemed to have waived any arbitration rights by the fact of having exercised any self-he
judicial remedies of garnishment, repossession, replevin, or foreclosure or by having filed any claims in court seeking to recover a total
of $5,000.00 or less.
ARBITRATION RULES AND PROCEDURES.
A. ARBITRATION FORUM AND RULES. The arbitration will be conducted under the rules end procedures of the National Arbitr
Forum ("NAP) that are in effect at the time arbitration is started and under the rules set forth in this Arbitration Agreement. At my req
Lender will provide me a copy of the NAF Rules. If I lose my copy, Lender will give me another one H I ask for it I may also obtain a
of those rules by calling NAF at 1-800-474-2371 or by reviewing NAPS web-site at www.arb-forum.com, In the event that NAF is e
unable, unwilling, or deemed not appropriate by a court to resolve a Covered Claim, or I object to the NAF for good cause, then Lender
agree to submit all disputes to the American Arbitration Association ("AAA") for proceedings conducted pursuant to the AAA's Commx
Rules and Expedited Procedures. If there is a conflict between the rules of the NAF (or the AAA) and this Arbitration Agreement,
Arbitration Agreement will govern.
B. SELECTION OF ARBITRATOR. NAF maintains lists of approved arbitrators. NAF will provide Lender and me each a list of save
possible arbitrators. Lender and I will each have an opportunity to strike three (3) persons from that list. I will make the first strike
Lender and I will alternate in making strikes after that. After the last strike, the remaining person shall then serve as arbitrator.
C. STARTING ARBITRATION. Before I start arbitration, I agree to write to Lender at the address shown for Lender in this Agrest
unless I have received notice of a new address for Lender, and I agree to give Lender a reasonable opportunity to respond and resort
errors. In my letter, I will give the following information: my name and account number, a description of my claim or dispute and t
believe Lender has made an error, the dollar amount of my claim or dispute, and a description of any other information I need from Le
Before Lender starts an arbitration, it must write to me at my billing address; describe its claim or dispute; state the dollar amount
claim or dispute; and give me a reasonable opportunity to resolve the claim or dispute. If a Covered Claim cannot be resolved 1
foregoing manner, either Lender or I can start arbitration, Except as described in Paragraph E below, nothing in this Arbitration Agree
shall limit the arbitrator's ability to enforce any of my rights or Impose any remedies available to me under any applicable cons
protection laws or regulations. To start an arbitration, Lender and I agree to follow the rules of the NAF (or, if applicable, the rules t
AAA).
D. COSTS OF ARBITRATION. The NAF and AAA Charge certain fees in connection with arbitration proceedings they conduct I
have to bear some of these fees; however, if I am not able to pay such fees or think they are too high, Lender will consider any reaso
request to bear the cost Lender will also bear any costs Lender is required to bear by law or the terms of any other agreement witl
Each party wilt also pay for its own costs, including fees for attorneys, experts, and witnesses, unless otherwise provided by law or t
terms of any other agreement between the parties, to the extent permitted by applicable law.
it. coNumi vi, muuttulNus. In Conauming me aroarauon Invumump, ula aluluawl allall vv W%0%0--- -, •••? • ???,?,
Evid9nce; however, the federal or any state rules of procedure or discovery shall not bind the arbitrator, The arbitrator's findings, reasoning
decision, and award shall be set forth in writing and shall be based upon and be consistent with the law of the jurisdiction that applies to th
loan or other agreement between Lender and me. The arbitrator must abide by all applicable laws protecting the attorney-client privilege, th
attorney work product doctrine, or any other applicable privileges.
SEE REVERSE SIDE FOR ADDITIONAL ARBITRATION TERMS
UNXR21 (1-1845) HELOC Agnomem (74)
Pa '7
Borromes Inftlals
2009-02-17 14:04 AGFS 1498 Carlisle
ARBITRATION AGREEMENT AND WAIVER OF JURY TRIAL (con't)
Agreement.
F. ENFORCEMENT AND APPEAL OF DECISION. The decision and judgment of the arbitrator shall be final, binding, and enforceable
any court having jurisdiction over the parties and the dispute; however, for Covered Claims involving more than $100,000, any party m
appeal the award, at Its own cost, except as provided by law, to a three-arbitrator panel appointed by the NAF or AAA, as the case may t
That panel will reconsider from the start any aspect of the initial award that either party asserts was Incorrectly decided. The decision of t
panel shall be by majority vote and shall be final and binding, except as provided below, The arbitrator's (or panel's) findings, decision, a
award shall be subject to judicial review on the grounds set forth in 9 U.S.C. § 10, as wall as on the grounds that the findings, decision, a
award are manifestly inconsistent with the terms of this Arbitration Agreement and any applicable laws or rules.
G. LIMITATION OF PROCEEDINGS. Lender and I further agree that the arbitrator will be restricted to resolving only the (lain
disputes, or controversies between Lender and me and the other parties covered by this particular Agreement (and not by simi
agreements). Arbitration is not available and shall not be conducted on a class-wide basis or consolidated with other claims or demands
other persons. I agree not to participate in a representative capacity or as a member of any class of claimants pertaining to any cover
Claim.
H. LIMITATION OF ARBITRATORS AUTHORITY: The arbitrator may award punitive damages only under circumstances where a co
of competent jurisdiction could award such damages. In awarding any punitive damages, the arbitrator must abide by all applicable at
and federal laws regarding the amount of such damages, and the arbitrator must state the precise amount of the punitive damages awe
The arbitrator must also conduct a post-award review of any punitive damages, allowing the parties the some procedural rights and us,
the same standards and guidelines that would apply in a judicial proceeding in the state where the arbitration is conducted. The' arbitra
may award injunctive relief that would benefit either Lender or me in connection with resolving a Covered Claim between Lender and me, I
the arbitrator may not award injunctive relief for the benefit of other persons or groups of persons who are not named parties to
arbitration proceeding.
1. LOCATION OF THE ARBITRATION. The arbitration will take place in the county where I live unless Lender and I agree to snot)
location. If Lender and I agree, all or a portion of the arbitration proceedings can be conducted by telephone conference.
J. ENFORCEMENT IN COURT. Nothing in this Arbitration Agreement shall prevent either Lender or me from enforcing all rights urn
this Arbitration Agreement if a Covered Claim is filed in court.
K. FORUM SELECTION CLAUSE. If either Lender or I need to rile a lawsuit to enforce this Arbitration Agreement or to pursue.clai
that either mayor may not be arbitratable under this Arbitration Agreement, the exclusive venue for that suit will be a state court locate(
the courtly where Lenders office is located or where 1 sign this AgreemeK or in the federal court covering that county, unless the govern
low requires suit to be flied in another location. Nothing in this paragraph shall prevent either Lender or me from enforcing Its or my rig
under this Arbitration Agreement if the Covered Claim is filed In court
ADDITIONAL INFORMATION. I may obtain additional information about arbitration by contacting the National Arbitration Forum, Inc.
P.O. Box 50181, nneapolis, Minnesota 55405. (800474-2371 (Telephone)). (612.831-0802 (Fax)), www.arb-forum.corn (e-mail).
OTHER IMPORTANT AGREEMENTS. Lender and I agree:
(a) This Arbitration Agreement does not affect any atetutre of limitations or claims of privilege recognized at law.
(b) The loan and insurance transactions between Lender and me and other applicable parties are transactions involving Inters
commerce, using funds and other resources from outside the state,
(c) The Federal Arbitration Act applies to and governs this Agreement. State arbitration laws and procedures shall not apply to
(d) This Agreement applies to and runs to the benefit of Lenders and my assigns, successors, executors, heirs, and/or representatives.
717-243-5546 >> 610 275 2866
P 18/;
(e) If any term of this Arbitration Agreement is unenforceable, the remaining terms are severable and enforceable to the fullest ex
permitted by low.
(f) This Arbitration Agreement supemedes any prior arbitration agreement that may exist between Lender and me and can only be modi
in writing signed by the parties.
(g) This Arbitration Agreement applies even if my loan has been cancelled, changed, modified, refinanced, paid in full. charged oft
discharged or modified in bankruptcy-
I AGREE TO READ THIS ARBITRATION AGREEMENT CAREFULLY. BECAUSE IT LIMITS CERTAIN OF MY RIGHTS, TO 1
EXTENT PERMITTED BY LAW, INCLUDING MY RIGHTS TO BRING A COURT ACTION, TO HAVE A TRIAL BY JURY, AND
PARTICIPATE IN A CLASS ACTION OR CLASS ARBITRATION. BY SIGNING THIS AGREEMENT, 1 ACKNOWLEDGE THAT 1 W
READ AND RECEIVED A COPY OF THIS ARBITRATION AGREEMENT AND AGREE TO BE BOUND BY ALL OF ITS TERMS.
SEE FOLLOWING PAGE FOR ADDITIONAL INFORMATION
UNXR22 (1-1&05) HELOC Agreement (7-0)
Page a
Borrower's initials 4
2009-02-17 14:04 AGI•S 1498 Carlisle
717-243-5546 >> 610 275 2866
AMERICAN GENERAL HOME EQUITY LINE OF CREDIT AGREEMENT (cont)
33. Prepayment/Termination Fee.
P
P if checked and if n I pay the Total Balance on my Account within , months after the Date of Agreement and n
Terminate my Account, -I agree to pay a prepayment/tefmination fee equal to % of the amount of my original Credit Lk
CPrepayment/Tennination Fee"). There will be no Prepayment/Termination Fee if. (a) my Account Is refinanced
consolidated by Lender or its affiliate; (b) my Account is prepaid with insurance proceeds; (c) my Account is prepaid as a res
of lawsuit, foreclosure, or acceleration; (d) Lender disapproves a request for assumption and exercises its rights under a due
sale clause, and imposition of the PrepaymeWerminatlon Fee is prohibited by applicable law; or (e) my Account is terminal
more than _ months after the Date of Agreement.
01- If checked, there will be no prepayment/termination fee.
U. Late Fee. If I fail to pay in full the Current Payment within _1.5 days after the Payment Due Date, Lender may chargt
Late Fee equal to In _ n0 % of the anti a amount of the payment. i
35. Returned Check Fee_ If I make a payment on my Account by a check or other instrument that is returned to Lender unpW
for any reason, Lender may charge a Returned Check Fee of 5,20. I.
36. Reconveyance Fee. Not applicable.
37. Due on Sale. If all or any part of the Property or any interest in it is sold or transferred without Lender's prior vvrih
consent, Lender may, at its option, require immediate payment in full of all sums secured by the Security Instrument; hovvev
this option shall not be exercised if the exercise of this option by Lender is prohibited by federal law as of the date of '
Security Instrument.
If Lender exercises this option, Lender will give me notice of acceleration. The notice shall provide a period of not less than
days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Sect'
Instrument. If I fail to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by
Security Instrument without further notice or demand on me.
38. Governing Law. The laws of the state where the Property is located and federal law govern this Agreement.
SEE ADDITIONAL PAGES FOR IMPORTANT INFORMATION
. . 11- 'k
2009-02-171406 WS 1498 Carlisle 717-243-5546 >> 610 275 2866 P 201;
AMERICAN GENERAL HOME EQUITY LINE OF CREDIT AGREEMENT (con't)
BY SIGNING BELOW, I SIGNIFY THAT I HAVE READ, UNDERSTOOD, AND AGREED TO THE TERMS AND CONDITIONS OF THIS
AGREEMENT, INCLUDING THE ARBITRATION AGREEMENT THAT PROVIDES, AMONG OTHER THINGS, THAT EITHER LENDER
OR I MAY REQUIRE THAT CERTAIN DISPUTES BETWEEN US BE SUBMITTED TO BINDING ARBITRATION. IF LENDER OR
ELECT TO USE ARBITRATION, WE AGREE THAT WE WILL HAVE THEREBY WANED OUR RIGHTS TO TRIAL BY JURY OR
JUDGE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THAT THE DISPUTE WILL BE DECIDED BY AN
ARBITRATOR, AND THAT THE DECISION OF THE ARBITRATOR WILL BE FINAL ARBITRATION WILL BE CONDUCTED
PURSUANT TO THE RULES OF THE NATIONAL ARBITRATION FORUM, EXCEPT AS OTHERWISE PROVIDED IN THE
ARBITRATION AGREEMENT. UwweT (8.1201)
1 agree that, as of the date first written above ("the Date of Agreement*), I have received and read a fully completed, legible
copy of this Agreement, the Truth in Lending Insurance Disclosures, a copy of the Security Instrument, the Privacy Notice
and two copies of a Notice of Right to Cancel (f applicable), and agree to be bound thereby.
If you do not meet your contract obligations, you may lose your house, the property that you bought with this loan, other
household goods and furniture, your motor vehicle or money in your account with us.
C UTION: IT IS IMPORTANT THAT I THOROUGHLY READ THE CONTRACT BEFORE I SIGN-IT,
x x c 2 ? 1?7 L.S
fitness Borrower LOUISE B HOFFHEINS
x x L.S
Witness Co-Borrower
x L.S
Co-Maker
Print Name:
K L.S
Co-Maker
Print Name:
2009-02;-17 14:04
AGFS 1498 Carlisle
116-1
.KMwt Number. 1446749
Exhibit A
ALL THAT CERTAIN tract of land situate in South Middleton Township, County of Cumberland
and State of Pennsylvania, bounded and described as follows;
BEGINNING al a point in the Eastern side of Valley Street, said point being in the dividing line
between Lot No. 4 and Lot No, 5 on the hereinafter mentioned Plan of Lots; thence in an
Eastwardly direction along land now or formerly of Warren H. Jumper and Frances G. Jumper, his
wife, a distance of 298.6 feet to a point in line of land now or formerly of Lewis Doyle; thence in a
Southwardly direction along land now or lormerly of said Lewis Doyle, a distance of 104 feet to a
point; thence along land now or formerly of the Carlisle Trust Company in a Westwardly direction,
a distance of 298.6 feet to a point in the Eastern side of Valley Street; thence in a Northwardly
direction along the Eastern side of Valley Streel, a distance of 104 feet to a point, the place of
Beginning.
BEING composed of all of Lot No. 6, all of Lot No. 5 and the Southern portion of Lot No, 4, on the
hereinafter mentioned Plan of Lots, the Northern line of said Southern portion of Lot No. 4,
beginning at the boundary line between Lot No. 4 and Lot No. 5 in the Eastern line of said Valley
Street and extending diagonally across Lot No. 4 in an Eastwardly direction to a point in the
Eastern line of said Lot No. 4, which latter point is 19 feet 3 inches South of the boundary line of
Lot No. 3 and Lot No. 4, "Block C", of the Plan of Lots known as "Fairfield", said Plan of Lots
being recorded in the Office of the Recorder of Deeds in and for Cumberland County,
Pennsylvania, in Plan Book No. 2, page 80.
HAVING THEREON ERECTED a one and one-half story dwelling house, and being known and
numbered as No. 23 Valley Street, Carlisle, Pennsylvania.
Subject to easements, restrictions, snit covenants of record, if any.
'lax ID: 40-22-0489-133
717-243-5546 >> 610 275 2866
P 9/20
EXHIBIT "B"
ACT 91 NOTICE
TAKE ACTION TO SAVE
YOUR HOME FROM
FORECLOSURE
Date: February 19, 2009
To: Louise B. Hoffheins
23 Valley Street
Carlisle, PA 17013
This is an official notice that the mortgage on your home is in default, and the lender intends to
foreclose. Specific information about the nature of the default is provided in the attached pages.
The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP)
may be able to help to save your home. This Notice explains how the program works.
To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING
AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you
when you meet with the Counseling Agency.
The name, address and phone number of Consumer Credit Counseling Agencies serving your County
are listed at the end of this Notice. If you have any questions you may call the Pennsylvania Housing
Finance Agency toll free at 1-800-342-2397 (Persons with impaired hearing can call (717) 780-1869).
This Notice contains important legal information. If you have any questions, representatives at
the Consumer Credit Counseling Agency may be able to help explain it. You may also want to
contact an attorney in your area. The local bar association may be able to help you find a
lawyer.
LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUSS AFECTA SU
DERECHO A CONTINUAR VIVIENDO EN SU CASA, SI NO COMPRENDE EL
CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCI6N
INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING
FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER
ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S
EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU
29104 Act 6-91 NEW 081117.doc
EXHIBIT "C"
CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA.
HOMEOWNER'S NAME(S): LOUISE B. HOFFHEINS
PROPERTY ADDRESS: 23 Valley Street
Carlisle, PA 17013
LOAN ACCT. NO.: 42417556
ORIGINAL LENDER: American General Financial Services, Inc.
CURRENT LENDER/SERVICER: American General Financial Services, Inc.
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE
WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND
HELP YOU MAKE FUTURE MORTGAGE PAYMENTS
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY
MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR
EMERGENCY MORTGAGE ASSISTANCE:
• IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR
CONTROL,
• IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR
MORTGAGE PAYMENTS, AND
• IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE
PENNSYLVANIA HOUSING FINANCE AGENCY.
TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay
of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days
for mailing). During that time you must arrange and attend a "face-to-face" meeting with one of the
consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST
OCCUR WITHIN THIRTY-THREE (33) DAYS OF THE DATE OF THIS NOTICE. IF YOU
DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR
MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR
MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE.
CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit
counseling agencies listed at the end of this notice, the lender may NOT take action against you for
thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of
designated consumer credit counseling agencies for the county in which the property is located are set
forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your
29104 Act 6-91 NEW 081117 doc
lender immediately of your intentions.
APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasons
set forth later in this Notice (see following pages for specific information about the nature of your
default). You have the right to apply for financial assistance from the Homeowner's Emergency
Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's
Emergency Assistance Program Application with one of the designated consumer credit counseling
agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications
for the program and they will assist you in submitting a complete application to the Pennsylvania
Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your
application MUST be forwarded to PHFA and received within thirty (30) days of your face-to-face
meeting with the counseling agency.
YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A
MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE
OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THA T
MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING
A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION
CALLED "TEMPORARYSTA Y OF FORECLOSURE".
YOU HA VE THE RIGHT TO FILE A HEMAP APPLICA TION EVEN BEYOND THESE TIME
PERIODS. A LATEAPPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A
FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT
ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED.
AGENCY ACTION -- Available funds for emergency mortgage assistance are very limited. They will
be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania
Housing Finance Agency has sixty (60) days to make a decision after it receives your application.
During that time, no foreclosure proceedings will be pursued against you if you have met the time
requirements set forth above. You will be notified directly by the Pennsvlvania Housing Finance
Agency of its decision on your application.
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN
BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION
PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO
COLLECT THE DEBT.
(If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.)
HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date).
29104 Act 6-91 NEW 081117 doc
NATURE OF THE DEFAULT -- The MORTGAGE debt held by the above lender on your property
located at: 23 VALLEY STREET, CARLISLE, PA 17013 IS SERIOUSLY IN DEFAULT because:
A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and
the following amounts are now past due: $41.77 DUE FOR NOVEMBER, 2008. 552.40 DUE
FOR DECEMBER, 2008; $556.42 DUE FOR JANUARY 2009 AND $557.56 DUE FOR
FEBRUAR 2009 = $1,708.15
Other charges (explain/itemize): LATE CHARGES ARE INCLUDED IN THE ABOVE
MONTHLY AMOUNTS
TOTAL AMOUNT PAST DUE: $1,708.15
B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION: (Do not use if not applicable.)
HOW TO CURE THE DEFAULT -- You may cure the default within THIRTY (30) DAYS of the
date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER,
WHICH IS $1,708.15, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH
BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by
cash, cashier's check, certified check or money order made payable and sent to: ^
American General Financial Services, Inc.
6 S. Hanover Street
Carlisle, PA 17013-3306
Attn: Mandy Durst, Manager
You can cure any other default by taking the following action within THIRTY (30) DAYS of the date:
of this letter: (Do not use if not applicable.)
IF YOU DO NOT CURE THE DEFAULT -- If you do not cure the default within THIRTY (30)
DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage
debt. This means that the entire outstanding balance of this debt will be considered due immediately
and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total
amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its
attorneys to start legal action to foreclose upon your mortgaged property.
29104 Act 6-91 NEW 081117.doe
A
IF THE MORTGAGE IS FORECLOSED UPON -- The mortgaged property will be sold by the
Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the
delinquency before the lender begins legal proceedings against you, you will still be required to pay
the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings
are started against you, you will have to pay all reasonable attorney's fees actually incurred by the
lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the
lender, which may also include other reasonable costs. If you cure the default within the THIRTY
(30) DAY period, you will not be required to nay attorney's fees.
OTHER LENDER REMEDIES -- The lender may also sue you personally for the unpaid principal
balance and all other sums due under the mortgage.
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -- If you have not cured the
default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have
the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale
You may do so by paying the total amount then past due plus any late or other charges then due
reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected
with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements
under the mortgage. Curing your default in the manner set forth in this notice will restore your
mortgage to the same position as if you had never defaulted.
EARLIEST POSSIBLE SHERIFF'S SALE DATE -- It is estimated that the earliest date that such a
Sheriffs Sale of the mortgaged property could be held would be approximately six (6) months from
the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the
sale. Of course, the amount needed to cure the default will increase the longer you wait. You may
find out at any time exactly what the required payment or action will be by contacting the lender.
HOW TO CONTACT THE LENDER:
Name of Lender: American General Financial Services. Inc.
Address: 6 S. Hanover Street
Carlisle PA 17013-3306
Phone Number: (717) 243-6055
Fax Number: (717) 243-5546
Contact Person: Mandy Durst, Manager
E-Mail Address: N/A
EFFECT OF SHERIFF'S SALE -- You should realize that a Sheriffs Sale will end your ownership
of the mortgaged property and your right to occupy it. If you continue to live in the property after the
Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by
the lender at any time.
29104 Act 6-91 NEW 081117 doc
ASSUMPTION OF MORTGAGE -- You may or XX may not (CHECK ONE) sell or
transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the
outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the
other requirements of the mortgage are satisfied.
YOU MAY ALSO HAVE THE RIGHT:
• TO SELL THE PROPERTY "1-0 OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR
TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS
DEBT.
• TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF.
• TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT
HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS
RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR
YEAR.)
• TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE
PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE
DOCUMENTS.
• TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION
BY THE LENDER.
• TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY-
SEE ATTACHED LIST
Fill in a list oral! Counseling Agencies listed in Appendix C, FOR THE COUNTYm which the
proper4, is located, using additional pages irnecessary).
SEE ATTACHED SHEET:
Via Regular Mail, Certificate of Mailing
Certified Mail, Return Receipt Requested
#7160 3901 9846 2821 8522
FOX AND FOX
706 One Montgomery Plaza
Norristown, PA 19401
29104 Aci 6-91 NEW 0811 17 doc
Attn: Craig H. Fox, Esquire
(610) 275-7990
(610) 275-2866 fax
CC: PHFA-HEMAP (via telefax (877) 207-0205)
You have the right to dispute the validity of the debt. Unless you, within thirty days after receipt of
this letter, dispute the validity of the debt, or any portion thereof, we will assume that the debt is valid.
If you notify us in writing within thirty days, after receipt of this letter, that the debt or any portion
thereof is disputed, we will obtain verification of the debt or a copy of any judgment against you
representing the debt and a copy of such verification or judgment will be mailed to you. Upon your
request directed to this office within thirty days after the receipt of this letter, we will provide you with
the name and address of the original creditor, if different from the current creditor. If, within 30
days from the date of this Notice, the debt or any portion thereof is not disputed, or if payment is not
received or if arrangements to pay are not made, the creditor may exercise its legal rights against you
to collect the debt. To make payment arrangements, please call the creditor directly. You are also
advised that any information which you supply to this office may be used by us in the collection of- the
debt. THIS FIRM MAY BE CONSIDERED A DEBT COLLECTOR ATTEMPTING TO COLLECT
A DEBT. ANY INFORMATION WE OBTAIN WILL BE USED FOR THAT PURPOSE. IF YOU
HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS
CORRESPONDENCE IS NOT, AND SHOULD NOT BE CONSTRUED TO BE, AN ATTEMPT TO
COLLECT A DEBT, BUT MERELY AS A PROCEEDING TO ENFORCE A VALID LIEN
AGAINST PROPERTY, WHICH LIEN SURVIVES BANRUPTCY DISCARGE.
29104 Act 6-91 NEW 081117 doc
. y
Regular Mail: addressed as follows:
PHFA-HEMAP
21 1 North Front Street
P.O. Box 15530
Harrisburg, PA 17105-5530
Facsimile: sent to either of the following fax numbers:
Toll Free: 877-207-0205
29104 Act 6-91 NEW 081117.doc
. t
HEMAP Consumer Credit Counseling Agencies
Report last updated: 8/1/2008 10:08:24 AM
Center for Family Services, Inc.
213 Center Street
Meadville, PA 16335
814.337.8450
Greater Erie Community Action Committee
18 West 9TH Street
Erie, PA 16501
814.459.4581
Shenango Valley Urban League, Inc.
601 Indiana Avenue
Farrell, PA 16121
724.981.5310
St. Martin Center
1701 Parade Street
Erie, PA 16503
814.452.6113
CUMBERLAND County
Adams County Interfaith Housing Authority
40 E High Street
Gettysburg, PA 17325
717.334.1518
CCCS of Western PA
2000 Linglestown Road
Harrisburg, PA 17102
888.511.2227
888.511.2227
Community Action Commission of Captial Region
1514 Derry Street
Harrisburg, PA 17104
717.232.9757
Loveship, Inc.
2320 North 5th Street
Harrisburg, PA 17110
717.232.2207
Maranatha
43 Philadelphia Avenue
Waynesboro, PA 17268
717 762 3285
PHFA
211 North Front Street
Harrisburg, PA 17110
717.780.3940
800.342.2397
DAUPHIN County
CCCS of Western PA
2000 Linglestown Road
Harrisburg, PA 17102
888.511.2227
888.511.2227
Community Action Commission of Captial Region
1514 Derry Street
Harrisburg, PA 17104
717.232.9757
Loveship, Inc.
2320 North 5th Street
Harrisburg, PA 17110
717.232.2207
PHFA
211 North Front Street
Harrisburg, PA 17110
717.780.3940
800.342 2397
DELAWARE County
Acorn Housing Corporation
846 North Broad Street
Philadelphia, PA 19130
215.765.1221
Advocates for Financial Independence
202 East Hinkley Avenue
Ridley Park, PA 19078
215.389.2810
American Credit Counseling Institute
175 Strafford Avenue
Suite 1
Wayne, PA 19087
610.971.2210
888.212.6741
American Financial Counseling Services
175 Trafford Avenue
Suite One
Wayne, PA 19087
267.228.7903
800.490.3039
American Red Cross of Chester
1729 Edgemont Avenue
Chester, PA 19013
610 874 1484
APM
2147 North Sixth Street
Philadelphia, PA 19122
215135.6788
Carroll Park Community Council, Inc.
5218 Master Street
Philadelphia, PA 19131
215.877.1157
29104 Acl 6-91 NEW 081 117 doc
- ..
I 1 2. [tlcleN, r
A;1 A ecelvetl try (pie.
Print Cleary) B. Date ofb@Wery
C. gnat
i ? Agent
? Addressee
710 Ir7 D. is delivery address different from item 1 El ? Yes
• es y, . K YES, enter delivery address below: ? No
i 3. Service Type CERTIFIED MAIL
4. Restricted Delivery? (Extra Fee) ? Yes
1. Article Addressed to:
I
LOU1,801. B. Hr)f t ho inn
23 Vallo.'i 3tr* of
Carlisle', PA 17013
PS Form P8A. 1 JA u r 0J ; i Domestiq Return Receipt
• iii ,:
U.S. POSTAL SERVICE CERTIFICATE OF MAILING Affix fee here in stamps
or meter
st mark. I Postage and
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT po
PROVIDE FOR INSURANCE-POSTMASTER rquire of
Postmaster for current
Received From: 5 fee.
Craig H. Fox, Esq ?.
FOX AND FOX ®5
02 1A 01.100
Norristown, PA 1 2009
MAILED FRO 01
One piece of ordinary mail addressed to Q ,P
Q A
Louise B. Hoffheins p F l9 o
23 Valley Street
Carlisle, FA 17013
AR wLt
PS Form 3817, January 2001
2009-06.-19 10:29
AGFS 1498 Carlisle 717-243-5546 >> 610 275 2866
P 3/3
V L R I F 2 C A T? I p N
VIO under.5igned hereby states that he is a representative
of plaintiff, in the within captioned action; that t am autjiorized
to make this Verification on its behalf; and that the facts set
forth in the foregoing Civil Action Complaint in Mortgage
ForeclosurE} are true and correct to the best of my knowledge;,
information and belief.
I -?.inderst.and that the statcmc.riCrs made herein Eire ;til-)ject
to the pendltics of 18 13a.C.s.,
falsificauion to authoriticG.
Date:
Secuion 4904, relating to unsworn
ame:
Title:
0
F'Ef' E
I c ?. t'L
? r a ?'
200 ili _ C'i F" i°1 It? .i
*lo.oo PO AT'N
aas4oo
Sheriffs Office of Cumberland County
R Thomas Kline
'1= TF
Sheri
?tr of t'?cmbrrii ,
Ronny R Anderson ??
?
Co
_ + + ""
3*. L
Rffl AUG 6 t N
Chief Deputy
Jody S Smith
i
?4J8Y J ?. .._i I
Civil Process Sergeant OFFICE ` 'HE `"ER!FF
Edward L Schorpp
Solicitor
American General Financial Services, Inc. Case Number
vs.
Louise B. Hoffheins
2009-4221
SHERIFF'S RETURN OF SERVICE
08/04/2009 09:25 PM - Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on August 4,
2009 at 2125 hours, he served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: Louise B. Hoffheins, by making known unto herself personally, defendant at 1027
Northfield Drive Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time
handing to her personally the said true and correct copy of the same.
SHERIFF COST: $33.40 DSO ANSWERS,
August 05, 2009 R THOMAS KLINE, SHERIFF
9&
pDfaputy Sheriff
FOX AND FOX
By: Craig H. Fox, Esquire
Attorney I.D. No. 49509
706 One Montgomery Plaza
Norristown, PA 19401 Attorney for Plaintiff
(610) 275-7990
AMERICAN GENERAL FINANCIAL COURT OF COMMON PLEA;
SERVICES, INC. CUMBERLAND COUNTY, PA
6 S. Hanover Street
Carlisle, PA 17013
No. 09-4221 Civil Term
V.
LOUISE B. HOFFHEINS
23 Valley Street
Carlisle, PA 17013
PRAECIPE FOR ENTRY OF JUDGMENT FOR FAILURE
TO FILE AN ANSWER AND ASSESSMENT OF DAMAGES
TO THE OFFICE OF THE PROTHONOTARY:
Kindly enter judgment in favor of the plaintiff and against
the Defendant, LOUISE B. HOFFHEINS in the above case for failure
to file an Answer to Plaintiff's Complaint in the sum of
$51,218.84 in accordance with the assessment of damages below.
Kindly: (1) assess the damages in the above matter
against the defendant, LOUISE HOFFHEINS as follows:
Outstanding Principal: $40,156.62
Accrued but unpaid interest
as of June 19, 2009 $ 3,493.8-5
Late charges $ 389.87
Other costs
Anticipated Title search: $ 500.0,0
Prothonotar y fee: $ 78.50
Sheriff costs: $ 100.00
Anticipated Sheriff Sale filing fee: $ 1,500.00
Reasonable Attorney's Fees $ 5,000.QO
TOTAL 51,218.$4
* Interest from June 20, 2009 through date of full repayment of
the debt accrues at the rate of $14.09 per day.
Late charges through date of satisfaction of the judgment accrue
at the contract rate.
(2) enter judgment in Mortgage Foreclosure and for
the foreclosure and sale of the mortgaged property.
I hereby certify that Defendant was served with a copy of
Complaint by the Sheriff on August 4, 2009 evidenced byl the
Sheriff Return of Service form attached hereto and that ten (10)
day Notices of Intent to take Default were sent to the Defendant
on August 26, 2009 via Certificate of Mailing.
DATED:
Sheriffs Office of Cumberland County
R Thomas Kline
Sheriff ¢ nt clunbeta
Ronny R Anderson
Chief Deputy'
Jody S Smith
Civil Process Sergeant OPME OF F"E s4BRiFF
Edward L Schorpp
Solicitor
9p,// 1i
American General Financial Services, Inc.
Case Member
vs.
Louise B. Hoffheins 2009;4 21
SHERIFF'S RETURN OF SERVICE
08/04/2009 09:25 PM - Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on August 4,
2009 at 2125 hours, he served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: Louise B. Hoffheins, by making known unto herself personally, defendant at 1027
Northfield Drive Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time
handing to her personally the said true and correct copy of the same.
SHERIFF COST: $33.40
August 05, 2009
SO ANSWERS,
R THOMAS KLINE, SHERIFF
puty Sheriff
EXHIBIT "A"
t
G:\AMER-GEN\LARGE\9200-83 10 DAY.NOT 090826.DOC
FOX AND FOX
By: Craig H. Fox, Esquire
Attorney I.D. No. 49509
706 One Montgomery Plaza
Norristown, PA 19401
(610) 275-7990
AMERICAN GENERAL FINANCIAL
SERVICES, INC.
6 S. Hanover Street
Carlisle, PA 17013
v.
LOUISE B. HOFFHEINS
23 Valley Street
Carlisle, PA 17013
TO: LOUISE B. HOFFHEINS
1027 Northfield Drive
Carlisle, PA 17013
DATE OF NOTICE: August 26, 2009
Attorney for Plaintiff
COURT OF COMMON PLEAS,
CUMBERLAND COUNTY, PA
No. 09-4221 Civil Term
NOTICE, RULE 237.5
NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT
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 CAN NOT 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.
EXHIBIT "B"
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
(717) 249-3166
(800) 990-9108
If you have any questions concerning this notice, please call:
Craig H. Fox
FOX AND FOX
706 One Montgomery Plaza
Norristown, PA 19401
(610) 275-7990
Cra g Fox Esquire
e ,.fitfiI `b6?+' l M ! To pay fee, elfin stamps or
1 Y meter postage here.
This Certificate of Haling ov I= eviaen [e l??R
This form @i fteybEN?fKwn 'rd / -?
vr?. Fox and Fox Z `_( , ® PITNE`f BOWES
One Montgome . ijo2teA 706 $ 01.150
Airy an we PORM. 09 AUG 26 2009
AILED FROM ZIPCODE 19401
To: Louise B. Hoffheins ark Here
1027 Northfield Drive BUR "ST
O
Carlisle PA 17013
.D t j ab
X "A PS Form 3817, April 2007 PSN 7530-02-000-9065 0
I
G:\AMER-GEN\LARGE\9200-83 10 DAY.NOT 090826.DOC
FOX AND FOX
By: Craig H. Fox, Esquire
Attorney I.D. No. 49509
706 One Montgomery Plaza
Norristown, PA 19401
(610) 275-7990
Attorney for Plaintiff
AMERICAN GENERAL FINANCIAL
SERVICES, INC.
6 S. Hanover Street
Carlisle, PA 17013
v.
LOUISE B. HOFFHEINS
23 Valley Street
Carlisle, PA 17013
TO: LOUISE B. HOFFHEINS
23 Valley Street
Carlisle, PA 17013
DATE OF NOTICE: August 26, 2009
COURT OF COMMON PLEAS,
CUMBERLAND COUNTY, PA
No. 09-4221 Civil Term
NOTICE, RULE 237.5
NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT
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 CAN NOT 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
32 S. Bedford Street
Carlisle, PA 17013
(717) 249-3166
(800) 990-9108
If you have any questions concerning this notice, please call:
Craig H. Fox
FOX AND FOX
706 One Montgomery Plaza
Norristown, PA 19401
(610) 275-7990
Cr ig . Fo q re
POSTAL Ee
Fox and Fox
One Montgom
To pay fee, gaffD( e stamps or
meter postage have.
" `V ® PITNEY BOWES
gA706 Z? 01.15°
21631 09 AUG 26 2009
lED FROM ZIPCODE 19401
TO: Louise B. Hoffheins
P 23 Valley Street
CarliGle. PA 17013
1
PS Form 3817, April 2007 PSN 7530-02-000-9065
s
Postmark Here
~ td GR
? d
2
FOX AND FOX
By: Craig H. Fox, Esquire
Attorney I.D. #49509
706 One Montgomery Plaza
Norristown, PA 19401
(610) 275-7990
AMERICAN GENERAL FINANCIAL
SERVICES, INC.
6 S. Hanover Street
Carlisle, PA 17013
COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PPS
No. 09-4221 Civil Term
V.
LOUISE B. HOFFHEINS
23 Valley Street
Carlisle, PA 17013
AFFIDAVIT OF NON-MILITARY SERVICE
Craig H. Fox, Esquire hereby verifies that he represents the
Plaintiff in the above entitled case; that he is authorized to make
this verification on behalf of the Plaintiff; that to the best of his
knowledge, information and belief the above named Defendant is over 18
years of age; the address of Defendant is a listed in the caption of
this pleading; the occupation of Defendant is unknown; and Defendant
is not in the Military Service of the United States, nor any State or
Territory thereof or its allies as defined in the Soldier's and the
Sailor's Civil Relief Act of 1940 and the amendments thereto.
Deponent further states that he understand that these statements are
made subject to the penalties of 18 Pa. C.S. Section 4904 relating'to
unsworn falsification to authorities. I--,%
Date:
Sworn to and subscribed
before e this %o
of __;_day
2009
Notary Public
Cra g H Fox
Att ey for Pla
iff
LASS S. FOX, +?v ? ` "'
F ?.,`??blic
Norristown Bozo, ro, M0nigo) I lary Couq
My Commissron n .ire. ?a 30,2013
FOX AND FOX
By: Craig H. Fox, Esquire
Attorney I.D. No. 49509
706 One Montgomery Plaza
Norristown, PA 19401
(610) 275-7990
Attorney for Plaintiff
AMERICAN GENERAL FINANCIAL
SERVICES, INC.
6 S. Hanover Street
Carlisle, PA 17013
V.
LOUISE B. HOFFHEINS
23 Valley Street
Carlisle, PA 17013
CERTIFICATION
COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
No. 09-4221 Civil Term
The undersigned does hereby certify that Defendant' was
served with a copy of Complaint by the Sheriff on August 4,'2009
evidenced by the Sheriff Return of Service form attached hereto
and that ten (10) day Notices of Intent to take Default 'were
sent to the Defendant on August 26, 2009 via Certificate of
Mailing.
Cr
At
OF HE FPCI i ('R4 !
2009 SEP 14 PH 2- 11
cul
414 . oo P 0 P-rr(
7880
?, t ksAeA
G:\AMER-GEN\LARGE\9200-83 D.JDG.DOC
FOX AND FOX
BY: CRAIG H. FOX
Identification No. 49509
706 One Montgomery Plaza
Norristown, PA 19401
(610) 275-7990
AMERICAN GENERAL FINANCIAL
SERVICES, INC.
6 S. Hanover Street
Carlisle, PA 17013
v.
LOUISE B. HOFFHEINS
23 Valley Street
Carlisle, PA 17013
Attorney for Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
No. 09-4221 Civil Texan
Notice is given that a judgment by default in the above
captioned matter has been entered against you on
2009.
PR HONOTAR
If you have any questions concerning the above please contact:
CRAIG H. FOX, ESQUIRE
Attorney for Party Filing
FOX AND FOX
706 One Montgomery Plaza
Norristown, PA 19401
(610) 275-7990