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HomeMy WebLinkAbout10-1052c?? THE i 'NOTAARY REAGER & ADLER, P.C. BY: THOMAS O. WILLIAMS, ESQUIRE Attorney I.D. No. 67987 Email: Twilliams@ReagerAdlerPC.com BY: WAYNE S. MARTIN, ESQUIRE Attorney I.D. No. 208078 Email: Wmartin(&ReagerAdlerPC.com 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 2010 FEB I I PM 1: 5 3 CL,INTEGRITY BANK, IN THE COURT OF COMMON PLEAS, Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION CHRISTOPHER A. CHRONISTER, NO. 10 - 105A Civil lean JANE E. CHRONISTER, PAUL E. KUHN, and KATHRYN P. KUHN, Defendants NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 O (717-249-3166) 49a. Do P 4 ATt`y cr_* 7705 R_r* a3-I sis AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despu6s de a notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Code por escrito sus defensas de, y objecciones a, las demandas presentadas aqua en contra suya. Se le advierte de que si usted falla de tomar acci6n como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reciamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Code sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME 0 VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE DUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS CUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS DUE CUALIFICAN. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717-249-3166) REAGER & ADLER, P.C. BY: THOMAS O. WILLIAMS, ESQUIRE Attorney I.D. No. 67987 Email: Twilliams(a ReagerAdlerPC com BY: WAYNE S. MARTIN, ESQUIRE Attorney I.D. No. 208078 Email: MLmartin@ReaperAdlerPC.com 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 INTEGRITY BANK, IN THE COURT OF COMMON PLEAS, Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION CHRISTOPHER A. CHRONISTER, NO l /0- fOS4 JANE E. CHRONISTER, PAUL E. KUHN, : C!nand KATHRYN P. KUHN, Defendants COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, Integrity Bank (hereinafter "Integrity"), is a Pennsylvania banking institution doing business at 3345 Camp Hill, Pennsylvania 17011. 2. Defendants Christopher A. Chronister and Jane E. Chronister (hereinafter, the "Chronisters") are adult individuals, husband and wife, residing at 1000 West Foxcroft Drive, Camp Hill, Pennsylvania 17011. 3. Defendants Paul E. Kuhn and Kathryn P. Kuhn (hereinafter, the "Kuhns"), are adult individuals, husband and wife, residing at 1000 West Foxcroft Drive, Camp Hill, Pennsylvania 17011. 4. This Court has jurisdiction and venue over this matter because: a.) Defendants Christopher A. Chronister, Jane E. Chronister, Paul E. Kuhn and Kathryn P. Kuhn are residents of Cumberland County, Pennsylvania; and b.) The property that secures the debt that is the subject of this lawsuit is located in Cumberland County, Pennsylvania. 5. On July 15, 2009, the Chronisters and the Kuhns executed a Promissory Note (hereinafter the "Note") with Integrity Bank pursuant to which Integrity Bank agreed to lend the Chronisters and the Kuhns the amount of $165,000.000 at six and'/z percent (6.5%) interest under Loan No. 777777251, and the Chronisters and the Kuhns agreed to, jointly and severally, repay the loan plus all accrued interest in monthly installments of $1,231.84 due on the twentieth day of each month beginning on August 20, 2009. A true and correct copy of the Note is attached hereto as Exhibit "A". 6. On July 15, 2009, the Chronisters and the Kuhns executed and delivered to Integrity a Mortgage in the amount of $165,000.00 securing said Note. A true and correct copy of the aforesaid Mortgage was recorded in the Office of the Recorder of Deeds of Cumberland County on July 31, 2009, at Instrument No. 200926724, and is attached hereto as Exhibit "B". 7. Under the terms of the Note, the Chronisters and the Kuhns are to jointly and severally pay a late fee of five percent (5.0%) of the regularly scheduled payment if any payment should be more than sixteen (16) days past due. 8. Under the terms of the Note and Mortgage, upon default, the interest rate of the loan shall be increased by five percentage (5.0%) points, from six and'/z percent (6.5%) to eleven and % percent (11.5%). 2 9. Under the terms of the Note, upon default for failure to make any required payments, the Chronisters and the Kuhns shall be jointly and severally responsible to pay Integrity Bank's reasonable attorneys' fees and expenses should Integrity Bank have to enforce the terms of the Note and Mortgage. 10. The land and premises subject to said Mortgage is located at 1000 West Foxcroft Drive, Camp Hill, Pennsylvania 17011 (hereinafter "the Property"), as further described in the deed which is attached to this Complaint at Exhibit "C", as well as the legal description attached to the Mortgage as Exhibit "A" to said Mortgage, attached hereto as Exhibit "B". 11. The Chronisters and the Kuhns have been in default under the terms of the Note since September 20, 2009, by failing to make the regularly scheduled payments due in September, October, November, and December of 2009, and January, 2010, in the amount of $1,231.84 per month, other than a partial payment of $750.00 made to Integrity on November 16, 2009. 12. Both the Note and the Mortgage grant Integrity the right to accelerate the amount due if payment is delinquent. 13. The total balance due under the Note and the Mortgage including principal and accrued, unpaid interest as of February 9, 2010 is as follows: Principal $ 165,641.24 Interest (plus $29.50 per day after 2/11/2010)$ 4,427.91 Late Fees $ 246.36 Filing Fee $ 92.00 Sheriff's Service Fee $ 200.00 Sheriffs Poundage $ 3,566.25 Attorney Fees $ 8,000.00 Total $ 182,173.76 14. Integrity has complied with the notice requirements of Act 6 and Act 91 pursuant to Pennsylvania law. True and correct copies of the notices sent to the Chronisters and the Kuhns in compliance with Act 6 and Act 91, as well as certified return receipts evidencing receipt thereof, are attached hereto as Exhibit "D". 15. Integrity has taken all actions and complied with all conditions precedent to the filing of this action. WHEREFORE, Plaintiff, Integrity Bank respectfully requests that this Honorable Court order a sale of the Property described in this Complaint and enter judgment against Defendants Christopher A. Chronister, Jane E. Chronister, Paul E. Kuhn, and Kathryn P. Kuhn jointly and serverally, in the amount of $182,114.76 and such other relief as the Court deems appropriate. Respectfully submitted, REAGER & ADLER, P.C. 1?Z Date: February 11, 2010 l' v L/ / l Tho s O. Williams, Esquire Attorney I.D. No. 67987 Email: Twilliams(i,ReagerAdlerPC.com Wayne S. Martin, Esquire Attorney I.D. No. 208078 Email: Wmartin&Rea eg rAdlerPC.com 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 Attorneys for Plaintiff ? lil ? ? 1 PROMISSORY NOTE Prfri?J?,fil Ltt?ln #?e ?( #'I+ Lr-tarn a cai? r >rofr A?tycti"if {)`r:?r tn??l References in the boxes above are for Lender's use only "and do not limit the applicability of this document to any particular Joan or item. Any item above containing ` has been omitted due to text length limitations. Borrower: Jane Chronister POA for Chris A Chronister ISSN: Lender: Integrity Bank 449.04-5784), Jane E Chronister (SSN: Camp Hip Office 200-58-3484), Paul E Kuhn ISSN: 177-24-5697) 3345 Market Street and Kathryn P Kuhn ISSN: 168-26-4152) Camp Hill, PA 17011 100 West Foxcroft Drive (717) 920-4900 Camp Hill, PA 170111235 Principal Amount: $165,000.00 Interest Rate: 6.500% Date of Note: July 15, 2009 Maturity PROMISE TO PAY. ! ("Borrower") 'Dint] and severally promise to Date: July 20, 2029 States of America, the principal amount of One Hundred Sixty-five Thousan &g 001100 Dollars ($165.000.00). tog hoer woith interest an }the of the unpaid principal balance from July 15, 2009, calculated as described in the "INTEREST CALCULATION METHOD" paragraph using an interest rate of 6.500% per annum, until paid in full. The Interest rate may change under *9 terms and conditions of the "INTEREST AFTER DEFAULT" section. PAYMENT. i will pay this loan in 240 payments of $1,231.84 each payment. My first payment is due August 20. 2009, and all subsequent payments are due on the same day of each month after that. My final payment will be due on July 20. 2029, and will be for all principal and all accrued interest not yet paid. Payments include principal and Interest. Unless otherwise agreed or required by applicable law, payments will be applied first to any accrued unpaid Interest: then to principal; then to any unpaid collection costs; and then to any late charges. I will pay Lender at Lender's address shown above or at such other place as Lender may designate in writing. INTEREST CALCULATION METHOD. Interest on this Note Is computed on a 3651365 simple interest basis; that Is, by applying the ratio of the interest rate over the number of days in a year, multiplied by the outstanding principal balance, multiplied by the actual number of days the principal balance is outstanding. All interest payable under this Note Is computed using this method. PREPAYMENT. ( may pay without penalty all or a portion of the amount owed earlier than it is due. Early payments will not, unless agreed to by Lender in writing, relieve me of my obligation to continue to make payments under the payment schedule. Rather, early payments will reduce the principal balance due and may result in my making fewer payments. I agree not to send Lender payments marked "paid in full", "without recourse", or similar language. It I send such a payment, Lender may accept it without losing any of Lender's rights under this Note, and I will remain obligated to pay any further amount owed to Lender. All written communications concerning disputed amounts, Including any check or other payment instrument that indicates that the payment constitutes "payment in full" of the amount owed or that is tendered with other conditions or limitations or as full satisfaction of a disputed amount must be mailed or delivered to: Integrity Bank, 3314 Market Street Camp Hill, PA 17011. LATE CHARGE. If a payment is 16 days or more late, I will be charged 5.000% of the unpaid portion of the regularly scheduled payment or $5.00, whichever is greater. INTEREST AFTER DEFAULT. Upon default, including failure to pay upon final maturity, the interest rate on this Note shall be increased by 5.000 percentage points. If judgment is entered in connection with this Note, interest will continue to accrue after the date of Judgment at the rate in effect at the time judgment Is entered. However, in no event will the interest rate exceed the maximum interest rate limitations under applicable law. DEFAULT, i will be in default under this Note It any of the following happen: Payment Default. I fail to make any payment when due under this Note. Break Other Promises. i break any promise made to Lender or fail to perform promptly at the time and strictly in the manner provided in this Note or In any agreement related to this Note, or in any other agreement or loan I have with Lender. False Statements. Any representation or statement made or furnished to Lender by me or on my behalf under this Note or the related documents is false or misleading in any material respect, either now or at the time made or furnished. Death or Insolvency. Any Borrower dies or becomes Insolvent; a receiver is appointed for any part of my property; I make an assignment for the benefit of creditors; or any proceeding is commenced either by me or against me under any bankruptcy or insolvency laws. Taking of the Property. Any creditor or governmental agency tries to take any of the property or any other of my property in which Lender has a lien. This includes taking of, garnishing of or levying on my accounts with Lender. However, If I dispute in good faith whether the claim on which the taking of the property is based is valid or reasonable, and if 1 give Lender written notice of the claim and furnish Lender with monies or a surety bond satisfactory to Lender to satisfy the claim, then this default provision will not apply. Defective Collateralixation. This Note or any of the related documents ceases to be in full force and effect (including failure of any collateral document to create a valid and perfected security Interest or lien) at any time and for any reason. Collateral Damage or Loss. Any collateral securing this Note is lost, stolen, substantially damaged or destroyed and the loss, theft, substantial damage or destruction is not covered by insurance. Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party of any of the Indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any guaranty of the indebtedness evidenced by this Note. Insecurity. Lender in good faith believes Itself insecure. Cure Provisions. If any default, other than a default in payment Is curable and if I have not been given a notice of a breach of the same provision of this Note within the preceding twelve 0 2) months, it may be cured If I, after Lender sends written notice to me demanding cure of such default: (1) cure the default within fifteen (15) days; or (2) If the cure requires more than fifteen 115) days, immediately initiate steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continue and complete all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. LENDER'S RIGHTS. Upon default, Lender may, after giving such notices as required by applicable law, declare the entire unpaid principal balance under this Note and all accrued unpaid interest immediately due, and then 1 will pay that amount. PROMISSORY NOTE Loan No: 777777251 (Continued) Page 2 ATTORNEYS' FEES: EXPENSES. Lender may hire or pay someone else to help collect this Note If I do not pay. I will pay Lender that amount. This includes, subject to any limits under applicable law, Lender's reasonable attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit, including reasonable attorneys' fees, expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), and appeals. If not prohibited by applicable law, I also will pay any court costs, in addition to all other sums provided by law. JURY WAIVER. Lender and I hereby waive the right to any jury trial In any action, proceeding, or counterclaim brought by either Lender or me against the other. GOVERNING LAW. This Note will be governed by federal law applicable to Lender and, to the extent not preempted by federal law, the laws of the Commonwealth of Pennsylvania without regard to its conflicts of law provisions. This Note has been accepted by Lender In the Commonwealth of Pennsylvania. CHOICE OF VENUE. If there is a lawsuit, 1 agree upon Lender's request to submit to the jurisdiction of the courts of Cumberland County, Commonwealth of Pennsylvania. DISHONORED ITEM FEE. I will pay a fee to Lender of $29.00 if I make a payment on my loan and the check or preauthorized charge with which I pay is later dishonored. RIGHT OF SETOFF. To the extent permitted by applicable law, Lender reserves a right of setoff in all my accounts with Lender (whether checking, savings, or some other account). This includes all accounts I hold jointly with someone else and all accounts I may open in the future. However, this does not include any IRA or Keogh accounts, or any tryst accounts for which setoff would be prohibited by law. I authorize Lender, to the extent permitted by applicable law, to charge or setoff all sums owing on the indebtedness against any and all such accounts. COLLATERAL. I acknowledge this Note is secured by a valid mortgage on real estate located at 1000 W Foxcroft Drive, Camp Hill, PA 17011 Cumberland county. PROPERTY INSURANCE. I understand that I am required to obtain insurance for the collateral securing this Note. Further information concerning this requirement is set forth in the Mortgage and In the Agreement to Provide Insurance, all the terms and conditions of which are hereby incorporated and made a part of this Note. EXHIBIT A. An exhibit, titled "Exhibit A," is attached to this Note and by this reference is made a part of this Note just as If all the provisions, terms and conditions of the Exhibit had been fully set forth in this Note. SUCCESSOR INTERESTS. The terms of this Note shall be binding upon me, and upon my heirs, personal representatives, successors and assigns, and shall Inure to the benefit of Lender and its successors and assigns. GENERAL PROVISIONS. If any part of this Note cannot be enforced, this fact will not affect the rest of the Note. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them. I and any other person who signs, guarantees or endorses this Note, to the extent allowed by law, waive presentment, demand for payment, and notice of dishonor. Upon any change in the terms of this Note, and unless otherwise expressly stated In writing, no party who signs this Note, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew or extend (repeatedly and for any length of time) this loan or release any party or guarantor or collateral, or impair, fail to realize upon or perfect Lender's security interest in the collateral. All such parties also agree that Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modification is made. The obligations under this Note are joint and several. This means that the words "1", "me", and "my" mean each and all of the persons signing below. PRIOR TO SIGNING THIS NOTE, i, AND EACH OF US, READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE, 1, AND EACH OF US, AGREE TO THE TERMS OF THE NOTE. I ACKNOWLEDGE RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE. THIS NOTE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT T141S NOTE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. BORROWER: X {Seel) Jane Chronister PDA for Chris A Chronister X„"?"-z- • ?-- -_ _ (Seal) s:9na-E_'Chronister X (Seal) Paul E Kuhn Signed, acknowledged and delivered in the presence of: Witness X - 1 J P 3J1.1(Seel) Kathryn P hn X Witness Loan No: 777777251 Page 3 LENDER: L..dma. Va. ..,........,e...w..wr aouWeb Me. J"7, 10M. PROMISSORY NOTE (Continued) m9 ?xl?r b? f ? 19 ( Parcel Identification Number: WHEN RECORDED MAIL TO: Integrity Bank Camp Hill OfRce 3345 Market Street Camp MIN. PA 17011 111iltitillill FOR RECORDER'S USE ONLY MORTGAGE THIS IS A PURCHASE MONEY MORTGAGE Amount Secured Hereby: 0165,000.00 THIS MORTGAGE dated July 15, 2009, is made and executed between Chris A Chronister, v ?a V, Q whose address is 1000 West Foxcroft Drive, Camp Hill, PA 170111235; Jane E Chronister, whose address is 1000 West Foxcroft Drive, Camp Hill, PA 170111235; Paul E Kuhn, whose address is 1000 West Foxcroft Drive, Camp Hill, PA 170111235 and Kathryn P Kuhn, whose address is 1000 West Foxcroft Drive, Camp Hill, PA 170111235 (referred to below as "Grantor") and Integrity Bank, whose address is 3345 Market Street, Camp Hill, PA 17011 (referred to below as "Lender"). GRANT OF MORTGAGE. For valuable consideration, Grarttor grants, bargains, sells, conveys, assigns, transfers, releases, confirms and mortgages to Lender all of Grantor's right, title, and Interest in and to the following described real property, together with all existing or subsequently erected or affixed buildings, Improvements and fixtures; all streets, tones, alleys, passages, and ways; all easements, rights of way, all liberties, privileges, tenements, hereditaments, and appurtenances thereunto belonging or anywise made appurtenant hereafter, and the reversions and remainders with respect thereto; all water, water rights, watercourses and ditch rights (Including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real property, including without limitation all minerals, oil, as, geothermal and similar matters, (the "Real Property") located in cumberland County, Commonwealth of Pennsylvania: See the exhibit or other description document which is attached to this Mortgage and made a part of this Mortgage as if fully set forth herein. The Real Property or its address is commonly known as 1000 West Foxcroft Drive, Camp Hill, PA 170111235. CROSS-COLLATERALIZATION. In addition to the Note, this Mortgage secures all obligations, debts and liabilities, plus interest thereon, of Grantor to Lender, or any one or more of them, as well as all claims by Lender against Grantor or any one or more of them, whether now existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise, whether due or not due, direct or indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated, whether Grantor may be liable individually or jointly with others, whether obligated as guarantor, surety, accommodation party or otherwise, and whether recovery upon such amounts may be or hereafter may become barred by any statute of limitations, and whether the obligation to repay such amounts may be or hereafter may become otherwise unenforceable. If the Lender is required to give notice of the right to cancel under Truth in Lending in connection with any additional loans, extensions of credit and other liabilities or obligations of Grantor to Lender, then this Mortgage shall not secure additional loans or obligations unless and until such notice is given. Grantor presently assigns to Lender all of Grantor's right, title, and interest in and to all present and future leases of the Property and all Rents from the Property. In addition, Grantor grants to Lender a Uniform Commercial Code security interest in the Personal Property and Rents. THIS MORTGAGE, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND IB) PERFORMANCE OF L4-711313 CQ?05-7 MORTGAGE Loan No: 777777251 (Continued) Page 2 ANY AND ALL OBLIGATIONS UNDER THE NOTE IN THE ORIGINAL PRINCIPAL AMOUNT OF 8165,000.00, THE RELATED DOCUMENTS, AND THIS MORTGAGE. THIS MORTGAGE IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PURCHASE MONEY MORTGAGE. If any of the debt secured by this Mortgage is lent to Grantor to acquire title to the Real Property, this Mortgage shall be a purchase money mortgage under 42 P.S, Section 8141. PAYMENT AND PERFORMANCE. Except as otherwise provided In this Mortgage, Grantor shall pay to Lender all amounts secured by this Mortgage as they become due and shall strictly perform all of Grantor's obligations under this Mortgage. POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession and use of the Property shall be governed by the following provisions: Possession and Use. Until the occurrence of an Event of Default, Grantor may (1) remain in possession and control of the Property; (2) use, operate or manage the Property; and (3) collect the Rents from the Property. Duty to Maintain. Grantor shall maintain the Property in good condition and promptly perform all repairs, replacements, and maintenance necessary to preserve its value, Compliance With Environmental Laws. Grantor represents and warrants to Lender that: (1) During the period of Grantor's ownership of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance by any person on, under, about or from the Property; (2) Grantor has no knowledge of, or reason to believe that there has been, except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws, (b) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance on, under, about or from the Property by any prior owners or occupants of the Property, or (c) any actual or threatened litigation or claims of any kind by any person relating to such matters; and (3) Except as previously disclosed to and acknowledged by Lender in writing, (a) neither Grantor nor any tenant, contractor, agent or other authorized user of the Property shall use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about or from the Property; and (b) any such activity shall be conducted in compliance with all applicable federal, state, and local laws, regulations and ordinances, including without limitation all Environmental Laws. Grantor authorizes Lender and its agents to enter upon the Property to make such inspections and tests, at Grantor's expense, as Lender may deem appropriate to determine compliance of the Property with this section of the Mortgage. Any inspections or tests made by Lender shall be for Lender's purposes only and shall not be construed to create any responsibility or liability on the part of Lender to Grantor or to any other person. The representations and warranties contained herein are based on Grantor's due diligence in investigating the Property for Hazardous Substances. Grantor hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event Grantor becomes liable for cleanup or other costs under any such laws; and (2) agrees to indemnity, defend, and hold harmless Lender against any and all claims, losses, liabilities, damages, penalties, and expenses which Lender may directly or Indirectly sustain or suffer resulting from a breach of this section of the Mortgage or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened release occurring prior to Grantor's ownership or interest in the Property, whether or not the same was or should have been known to Grantor. The provisions of this section of the Mortgage, Including the obligation to indemnify and defend, shall survive the payment of the Indebtedness and the satisfaction and reconveyance of the lien of this Mortgage and shall not be affected by Lender's acquisition of any interest in the Property, whether by foreclosure or otherwise. Nuisance, Waste. Grantor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on or to the Property or any portion of the Property. Without limiting the generality of the foregoing, Grantor will not remove, or grant to any other parry the right to remove, any timber, minerals (including oil and gas), coal, clay, scoria, soil, gravel or rock products without Lender's prior written consent. Removal of Improvements. Grantor shall not demollsh or remove any Improvements from the Real Property without Lender's prior written consent. As a condition to the removal of any Improvements, Lender may require Grantor to make arrangements satisfactory to Lender to replace such Improvements with Improvements of at least equal value. Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all reasonable times to attend to Lender's Interests and to inspect the Real Property for purposes of Grantor's compliance with the terms and conditions of this Mortgage. Compliance with Governmental Requirements. Grantor shall promptly comply with all laws, ordinances, and regulations, now or hereafter in effect, of all governmental authorities applicable to the use or occupancy of the Property. Grantor may contest in good faith any such law, ordinance, or regulation and withhold compliance during any proceeding, including appropriate appeals, so long as Grantor has notified Lender in writing prior to doing so and so long as, in Lender's sole opinion, Lender's interests in the Property are not jeopardized, Lender may require Grantor to post adequate security or a surety bond, reasonably satisfactory to Lender, to protect MORTGAGE Loan No: 777777251 (Continued) Page 3 Lender's interest. Duty to Protect. Grantor agrees neither to abandon or leave unattended the Property. Grantor shall do all other acts, in addition to those acts set forth above in this section, which from the character and use of the Property are reasonably necessary to protect and preserve the Property. DUE ON SALE - CONSENT BY LENDER. Lender may, at Lender's option, declare immediately due and payable all sums secured by this Mortgage upon the sale or transfer, without Lender's prior written consent, of all or any part of the Real Property, or any interest in the Real Property. A "sale or transfer' means the conveyance of Real Property or any right, title or interest in the Real Property; whether legal, beneficial or equitable; whether voluntary or involuntary; whether by outright sale, deed, installment sale contract, land contract, contract for deed, leasehold interest with a term greater than three 13) years, lease-option contract, or by sale, assignment, or transfer of any beneficial interest in or to any land trust holding title to the Real Property, or by any other method of conveyance of an interest in the Real Property. However, this option shall not be exercised by Lender if such exercise is prohibited by federal law or by Pennsylvania law. TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Mortgage: Payment. Grantor shall pay when due land In all events prior to delinquency) all taxes, payroll taxes, special taxes, assessments, water charges and sewer service charges levied against or on account of the Property, and shall pay when due all claims for work done on or for services rendered or material furnished to the Property. Grantor shall maintain the Property free of any liens having priority over or equal to the interest of Lender under this Mortgage, except for the Existing Indebtedness referred to in this Mortgage or those liens specifically agreed to in writing by Lender, and except for the lien of taxes and assessments not due as further specified in the Right to Contest paragraph. Right to Contest. Grantor may withhold payment of any tax, assessment, or claim in connection with a good faith dispute over the obligation to pay, so long as Lender's interest in the Property is not jeopardized, If a lien arises or is filed as a result of nonpayment, Grantor shall within fifteen 115) days after the lien arises or, If a lien Is filed, within fifteen (15) days after Grantor has notice of the filing, secure the discharge of the lien, or if requested by Lender, deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender in an amount sufficient to discharge the lien plus any costs and reasonable attorneys' fees, or other charges that could accrue as a result of a foreclosure or sale under the lien. In any contest, Grantor shall defend itself and Lender and shall satisfy any adverse judgment before enforcement against the Property. Grantor shall name Lender as an additional obligee under any surety bond furnished in the contest proceedings. Evidence of Payment. Grantor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and shall authorize the appropriate governmental official to deliver to Lender at any time a written statement of the taxes and assessments against the Property. Notice of Construction. Grantor shall notify Lender at least fifteen (15) days before any work is commenced, any services are furnished, or any materials are supplied to the Property, if any mechanic's lien, materialmen's lien, or other lien could be asserted on account of the work, services, or materials and the cost exceeds $1,000.00. Grantor will upon request of Lender furnish to Lender advance assurances satisfactory to Lender that Grantor can and will pay the cost of such improvements. PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Mortgage: Maintenance of Insurance. Grantor shall procure and maintain policies of fire insurance with standard extended coverage endorsements on a replacement basis for the full insurable value covering all improvements on the Real Property in an amount sufficient to avoid application of any coinsurance clause, and with a standard mortgagee clause in favor of Lender. Policies shall be written by such insurance companies and in such form as may be reasonably acceptable to Lender. Grantor shall deliver to Lender certificates of coverage from each insurer containing a stipulation that coverage will not be cancelled or diminished without a minimum of thirty (30) days' prior written notice to Lender and not containing any disclaimer of the insurer's liability for failure to give such notice. Each insurance policy also shall include an endorsement providing that coverage In favor of Lander will not be Impaired In any way by any act, omission or default of Grantor or any other person. Should the Real Property be located in an area designated by the Director of the Federal Emergency Management Agency as a special flood hazard area, Grantor agrees to obtain and maintain Federal Flood Insurance, if available, for the full unpaid principal balance of the loan and any prior liens on the property securing the loan, up to the maximum policy limits set under the National Flood Insurance Program, or as otherwise required by Lender, and to maintain such insurance for the term of the loan. Application of Proceeds. Grantor shall promptly notify Lender of any loss or damage to the Property if the estimated cost of repair or replacement exceeds $1,000.00. Lender may make proof of 1083 if Grantor fails to do so within fifteen (15) days of the casualty. Whether or not Lender's security is impaired, Lender may, at Lender's election, receive and retain the proceeds of any insurance and apply the proceeds to the reduction of the MORTGAGE Loan No: 777777251 (Continued) Page 4 Indebtedness, payment of any lien affecting the Property, or the restoration and repair of the Property. If Lender elects to apply the proceeds to restoration and repair, Grantor shall repair or replace the damaged or destroyed Improvements in a manner satisfactory to Lender. Lender shall, upon satisfactory proof of such expenditure, pay or reimburse Grantor from the proceeds for the reasonable cost of repair or restoration if Grantor is not in default under this Mortgage. Any proceeds which have not been disbursed within 180 days after their receipt and which Lender has not committed to the repair or restoration of the Property shah be used first to pay any amount owing to Lender under this Mortgage, then to pay accrued interest, and the remainder, if any, shah be applied to the principal balance of the Indebtedness. If Lender holds any proceeds after payment in full of the Indebtedness, such proceeds shall be paid to Grantor as Grantor's interests may appear. Compliance with Existing Indebtedness. During the period in which any Existing Indebtedness described below is in effect, compliance with the insurance provisions contained in the instrument evidencing such Existing Indebtedness shall constitute compliance with the insurance provisions under this Mortgage, to the extent compliance with the terms of this Mortgage would constitute a duplication of insurance requirement. If any proceeds from the insurance become payable on loss, the provisions in this Mortgage for division of proceeds shall apply only to that portion of the proceeds not payable to the holder of the Existing Indebtedness. LENDER'S EXPENDITURES. If Grantor fails (A) to keep the Property free of all taxes, liens, security interests, encumbrances, and other claims, (B) to provide any required insurance on the Property, (C) to make repairs to the Property or to comply with any obligation to maintain Existing Indebtedness in good standing as required below, then Lender may do so. If any action or proceeding is commenced that would materially affect Lender's interests in the Property, then Lender on Grantor's behalf may, but is not required to, take any action that Lender believes to be appropriate to protect Lender's interests. All expenses incurred or paid by Lender for such purposes will then bear interest at the rate charged under the Note from the date Incurred or paid by Lender to the date of repayment by Grantor. All such expenses will become a part of the Indebtedness and, at Lender's option, will (A) be payable on demand; (B) be added to the balance of the Note and be apportioned among and be payable with any installment payments to become due during either (1) the term of any applicable insurance policy; or (2) the remaining term of the Note; or (C) be treated as a balloon payment which will be due and payable at the Note's maturity. The Mortgage also will secure payment of these amounts. The rights provided for in this paragraph shell be in addition to any other rights or any remedies to which Lender may be entitled on account of any default. Any such action by Lender shall not be construed as curing the default so as to bar Lender from any remedy that it otherwise would have had. Grantor's obligation to Lender for all such expanses shall survive the entry of any mortgage foreclosure judgment. WARRANTY. DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Mortgage: Title. Grantor warrants that. (a) Grantor holds good and marketable title of record to the Property in fee simple, free and clear of all liens and encumbrances other than those set forth in the Real Property description or in the Existing Indebtedness section below or in any title insurance policy, title report, or final title opinion issued in favor of, and accepted by, Lender in connection with this Mortgage, and (b) Grantor has the full right, power, and authority to execute and deliver this Mortgage to Lender. Defense of Tide. Subject to the exception in the paragraph above, Grantor warrants and will forever defend the title to the Property against the lawful claims of all persons. In the event any action or proceeding is commenced that questions Grantor's title or the interest of Lender under this Mortgage, Grantor shall defend the action at Grantor's expense. Grantor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of Lender's own choice, and Grantor will deliver, or cause to be delivered, to Lender such instruments as Lender may request from time to time to permit such participation. Compliance With Laws. Grantor warrants that the Property and Grantor's use of the Property complies with all existing applicable laws, ordinances, and regulations of governmental authorities. Survival of Promises. All promises, agreements, and statements Grantor has made in this Mortgage shall survive the execution and delivery of this Mortgage, shall be continuing in nature and shall remain in full force and effect until such time as Grantor's Indebtedness is paid in full. EXISTING INDEBTEDNESS. The following provisions concerning Existing Indebtedness are a part of this Mortgage: Existing Lien. The lien of this Mortgage securing the Indebtedness may be secondary and inferior to an existing lien. Grantor expressly covenants and agrees to pay, or see to the payment of, the Existing indebtedness and to prevent any default on such indebtedness, any default under the instruments evidencing such indebtedness, or any default under any security documents for such indebtedness. No Modification. Grantor shall not enter into any agreement with the holder of any mortgage or other security agreement which has priority over this Mortgage by which that agreement is modified, amended, extended, or renewed without the prior written consent of Lender. Grantor shall neither request nor accept any future advances under any such security agreement without the prior written consent of Lender. MORTGAGE Loan No: 777777251 (Continued) Page 5 CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Mortgage: Proceedings. If any proceeding in condemnation Is filed, Grantor shall promptly notify Lender in writing, and Grantor shall promptly take such steps as may be necessary to defend the action and obtain the award. Grantor may be the nominal party in such proceeding, but Lender shall be entitled to participate In the proceeding and to be represented in the proceeding by counsel of its own choice, and Grantor will deliver or cause to be delivered to Lender such instruments and documentation as may be requested by Lender from time to time to permit such participation. Application of Not Proceeds. If all or any part of the Property is condemned by eminent domain proceedings or by any proceeding or purchase in lieu of condemnation, Lender may at its election require that all or any portion of the net proceeds of the award be applied to the Indebtedness or the repair or restoration of the Property. The net proceeds of the award shall mean the award after payment of all actual costs, expenses, and attorneys' fees incurred by Lender in connection with the condemnation. IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental taxes, fees and charges are a part of this Mortgage: Current Taxes, Foss and Charges. Upon request by Lender, Grantor shall execute such documents in addition to this Mortgage and take whatever other action is requested by Lender to perfect and continue Lender's Non on the Real Property. Grantor shall reimburse Lender for all taxes, as described below, together with all expenses incurred in recording, perfecting or continuing this Mortgage, including without limitation all taxes, fees, documentary stamps, and other charges for recording or registering this Mortgage. Taxes. The following shall constitute taxes to which this section applies: 11) a specific tax upon this type of Mortgage or upon all or any part of the Indebtedness secured by this Mortgage; (2) a specific tax on Grantor which Grantor is authorized or required to deduct from payments on the Indebtedness secured by this type of Mortgage; (3) a tax on this type of Mortgage chargeable against the Lender or the holder of the Note; and (4) a specific tax on all or any portion of the Indebtedness or on payments of principal and interest made by Grantor. Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Mortgage, this event shall have the same effect as an Event of Default, and Lender may exercise any or all of its available remedies for an Event of Default as provided below unless Grantor either (1) pays the tax before it becomes delinquent, or 12) contests the tax as provided above in the Taxes and Liens section and deposits with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender. SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Mortgage as a security agreement are a part of this Mortgage: Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property constitutes fixtures, and tender shall have all of the rights of a secured party under the Uniform Commercial Code as amended from time to time. Security Interest. Upon request by Lender, Grantor shall take whatever action is requested by Lender to perfect and continue Lender's security Interest in the Personal Property. In addition to recording this Mortgage in the real property records, Lender may, at any time and without further authorization from Grantor, file executed counterparts, copies or reproductions of this Mortgage as a financing statement. Grantor shall reimburse Lender for all expenses incurred in perfecting or continuing this security Interest. Upon default, Grantor shall not remove, sever or detach the Personal Property from the Property. Upon default, Grantor shall assemble any Personal Property not affixed to the Property in a manner and at a place reasonably convenient to Grantor and Lender and make it available to Lender within three 13) days after receipt of written demand from Lender to the extent permitted by applicable law. Addresses. The mailing addresses of Grantor (debtor) and Lender (secured party) from which information concerning the security Interest granted by this Mortgage may be obtained (each as required by the Uniform Commercial Code) are as stated on the first page of this Mortgage. FURTHER ASSURANCES; ADDITIONAL AUTHORIZATIONS. The following provisions relating to further assurances and additional authorizations are a part of this Mortgage: Furthor Assurances. At any time, and from time to time, upon request of Lender, Grantor will make, execute and deliver, or will cause to be made, executed or delivered, to Lender or to Lender's designee, and when requested by Lender, cause to be filed, recorded, refiled, or rerecorded, as the case may be, at such times and in such offices and Pisces as Lender may doom appropriate, any and all such mortgages, deeds of trust, security deeds, security agreements, financing statements, continuation statements, instruments of further assurance, certificates, and other documents as may, in the sole opinion of Lender, be necessary or desirable in order to effectuate, complete, perfect, continue, or preserve (1) Grantor's obligations under the Note, this Mortgage, and the Related Documents, and 12) the liens and security interests created by this Mortgage as first and prior liens on the Property, whether now owned or hereafter acquired by Grantor. Unless prohibited by law or Lender agrees to the MORTGAGE Loan No: 777777251 (Continued) Page g contrary in writing, Grantor shall reimburse Lender for all costs and expenses incurred in connection with the matters referred to in this paragraph. Additional Authorizations. If Grantor fails to do any of the things referred to in the preceding paragraph, Lender may do so for and In the name of Grantor and at Grantor's expense. For such purposes, Grantor hereby irrevocably authorizes Lender to make, execute, deliver, file, record and do all other things as may be necessary or desirable, in Lender's sole opinion, to accomplish the matters referred to in the preceding paragraph. It is understood that nothing set forth herein shall require Lender to take any such actions. FULL PERFORMANCE. If Grantor pays all the Indebtedness when due, and otherwise performs all the obligations imposed upon Grantor under this Mortgage, Lender shall execute and deliver to Grantor a suitable satisfaction of this Mortgage and suitable statements of termination of any financing statement on file evidencing Lender's security interest in the Rents and the Personal Property. Grantor will pay, if permitted by applicable law, any reasonable termination fee as determined by Lender from time to time. EVENTS OF DEFAULT. At Lender's option, Grantor will be in default under this Mortgage if any of the following happen: Payment Default. Grantor fails to make any payment when due under the Indebtedness. Default on Other Paymenft. Failure of Grantor within the time required by this Mortgage to make any payment for taxes or insurance, or any other payment necessary to prevent filing of or to effect discharge of any lien. Break Other Promises. Grantor breaks any promise made to Lender or fails to perform promptly at the time and strictly In the manner provided in this Mortgage or in any agreement related to this Mortgage. Fslse Statements. Any representation or statement made or furnished to Lender by Grantor or on Grantor's behalf under this Mortgage or the Related Documents is false or misleading in any material respect, either now or at the time made or furnished. Defective CollmraNzation. 'this Mortgage or any of the Related Documents ceases to be in full force and effect (including failure of any collateral document to create a valid and perfected security Interest or lien) at any time and for any reason. Death or Insolvency. The death of Grantor, the insolvency of Grantor, the appointment of a receiver for any part of Grantor's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Grantor. Taking of the Property. Any creditor or governmental agency tries to take any of the Property or any other of Grantor's property in which Lender has a lien. This Includes taking of, garnishing of or levying on Grantor's accounts with Lender. However, if Grantor disputes in good faith whether the claim on which the taking of the Property is based is valid or reasonable, and if Grantor gives Lender written notice of the claim and furnishes Lender with monies or a surety bond satisfactory to Lender to satisfy the claim, then this default provision will not apply. Existing Indebtedness. The payment of any installment of principal or any interest on the Existing Indebtedness Is not made within the time required by the promissory note evidencing such Indebtedness, or a default occurs under the instrument securing such indebtedness and is not cured during any applicable grace period in such instrument, or any suit or other action is commenced to foreclose any existing lien on the Property. Breach of Other Agreement. Any breach by Grantor under the terms of any other agreement between Grantor and Lender that is not remedied within any grace period provided therein, including without limitation any agreement concerning any indebtedness or other obligation of Grantor to Lender, whether existing now or later. Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation parry of any of the Indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness. Insecurity. Lender in good faith believes itself insecure. Right to Cure. If any default, other than a default In payment is curable and if Grantor has not been given a notice of a breach of the same provision of this Mortgage within the preceding twelve (12) months, it may be cured if Grantor, after Lender sends written notice to Grantor demanding cure of such default: (1) cures the default within fifteen (15) days; or (2) if the cure requires more then fifteen 115) days, immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of an Event of Default and at any time thereafter, Lender, at Lender's option, may exercise any one or more of the following rights and remedies, in addition to any other rights or remedies provided by law: MORTGAGE Loan No: 777777251 (Continued) Page 7 Accelerate Indebtedness. Lender shall have the right at its option, after giving such notices as required by applicable law, to declare the entire Indebtedness immediately due and payable. UCC Remedies. With respect to all or any part of the Personal Property, Lender shall have all the rights and remedies of a secured party under the Uniform Commercial Code. Collect Rents. Lender shall have the right, without notice to Grantor, to take possession of the Property and, with or without taking possession of the Property, to collect the Rents, including amounts past due and unpaid, and apply the net proceeds, over and above Lender's costs, against the Indebtedness. In furtherance of this right, Lender may require any tenant or other user of the Property to make payments of rent or use fees directly to Lender. If the Rents are collected by Lender, then Grantor irrevocably authorizes Lander to endorse instruments received In payment thereof In the name of Grantor and to negotiate the same and collect the proceeds. Payments by tenants or other users to Lender in response to Lender's demand shall satisfy the obligations for which the payments are made, whether or not any proper grounds for the demand existed. Lender may exercise its rights under this subparagraph either in person, by agent, or through a receiver. Appoint Receiver. Lender shall have the right to have a receiver appointed to take possession of all or any part of the Property, with the power to protect and preserve the Property, to operate the Property preceding foreclosure or sale, and to collect the Rents from the Property and apply the proceeds, over and above the cost of the receivership, against the Indebtedness. The receiver may serve without bond if permitted by law. Lender's right to the appointment of a receiver shall exist whether or not the apparent value of the Property exceeds the Indebtedness by a substantial amount. Employment by Lender shall not disqualify a person from serving as a receiver. Judicial Foreclosure. Lender may obtain a judicial decree foreclosing Grantor's interest in all or any part of the Property. Nonjudicial Sale. If permitted by applicable law, Lender may foreclose Grantor's interest in all or in any part of the Personal Property or the Real Property by non-judicial sale. Deficiency Judgment. Lender may obtain a judgment for any deficiency remaining in the Indebtedness due to Lender after application of all amounts received from the exercise of the rights provided in this section. Tenancy at Sufferance. If Grantor remains in possession of the Property after the Property is sold as provided above or Lender otherwise becomes entitled to possession of the Property upon default of Grantor, Grantor shall become a tenant at sufferance of Lender or the purchaser of the Property and shall, at Lender's option, either (1) pay a reasonable rental for the use of the Property, or (2) vacate the Property immediately upon the demand of Lender. Other Romedles. Lender shall have all other rights and remedies provided in this Mortgage or the Note or available at law or in equity. Sale of the Property. To the extent permitted by applicable law, Grantor hereby waives any and all right to have the Property marshalled. In exercising its rights and remedies, Lender shall be free to sell all or any pan of the Property together or separately, in one sale or by separate sales. Lender shall be entitled to bid at any public sale on all or any portion of the Property. Notice of Sells. Lender will give Grantor reasonable notice of the time and place of any public sale of the Personal Property or of the time after which any private sale or other intended disposition of the Personal Property is to be made. Unless otherwise required by applicable law, reasonable notice shall mean notice given at least ten (10) days before the time of the sale or disposition. Any sale of the Personal Property may be made in conjunction with any sale of the Real Property. Election of Remedies. All of Lender's rights and remedies will be cumulative and may be exercised alone or together. An election by Lender to choose any one remedy will not bar Lender from using any other remedy. If Lender decides to spend money or to perform any of Grantor's obligations under this Mortgage, after Grantor's failure to do so, that decision by Lender will not affect Lender's right to declare Grantor in default and to exercise Lender's remedies, Attorneys' Fess; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Mortgage, Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and upon any appeal. Whether or not any court action is involved, and to the extent not prohibited by law, all reasonable expenses Lender incurs that in Lender's opinion are necessary at any time for the protection of its interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph include, without limitation, however subject to any limits under applicable law, Lender's reasonable attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit, including reasonable attorneys' fees and expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services, the cost of searching records, obtaining title reports {including MORTGAGE Loan No: 777777251 (Continued) Page 8 foreclosure reports), surveyors' reports, and appraisal fees and title insurance, to the extent permitted by applicable law. Grantor also will pay any court costs, in addition to all other sums provided by law. NOTICES. Unless otherwise provided by applicable law, any notice required to be given under this Mortgage shall be given in writing, and shall be effective when actually delivered, when actually received by telefacslmile (unless otherwise required by law), when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States mail, as first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Mortgage. All copies of notices of foreclosure from the holder of any lien which has priority over this Mortgage shall be sent to Lender's address, es shown near the beginning of this Mortgage. Any person may change his or her address for notices under this Mortgage by giving formal written notice to the other person or persons, specifying that the purpose of the notice is to change the person's address. For notice purposes, Grantor agrees to keep Lender informed at all times of Grantor's current address. Unless otherwise provided by applicable law, if there is more than one Grantor, any notice given by Lender to any Grantor is deemed to be notice given to all Grantors. It will be Grantor's responsibility to tell the others of the notice from Lender. EXHIBIT A. An exhibit, titled "Exhibit A," is attached to this Mortgage and by this reference is made a part of this Mortgage just as if all the provisions, terms and conditions of the Exhibit had been fully set forth in this Mortgage. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Mortgage: Amendments. What Is written in this Mortgage and in the Related Documents is Grantor's entire agreement with Lender concerning the matters covered by this Mortgage. To be effective, any change or amendment to this Mortgage must be in writing and must be signed by whoever will be bound or obligated by the change or amendment. Caption Headings. Caption headings in this Mortgage are for convenience purposes only and are not to be used to interpret or define the provisions of this Mortgage. Governing Law. This Mortgage will be governed by federal law applicable to Lender and, to the extent not preempted by federal law, the laws of the Commonwealth of Pennsylvania without regard to its conflicts of law provisions. This Mortgage has been accepted by Lender in the Commonwealth of Pennsylvania. Choice of Venue. If there is a lawsuit, Grantor agrees upon Lender's request to submit to the jurisdiction of the courts of Cumberland County, Commonwealth of Pennsylvania. Joint and Several Liability. All obligations of Grantor under this Mortgage shall be joint and several, and all references to Grantor shall mean each and every Grantor. This means that each Grantor signing below is responsible for all obligations in this Mortgage. No Waiver by Lender. Grantor understands Lender will not give up any of Lender's rights under this Mortgage unless Lender does so in writing. The fact that Lender delays or omits to exercise any right will not mean that Lender has given up that right. If Lender does agree in writing to give up one of Lender's rights, that does not mean Grantor will not have to comply with the other provisions of this Mortgage. Grantor also understands that if Lender does consent to a request, that does not mean that Grantor will not have to get Lender's consent again if the situation happens again. Grantor further understands that just because Lender consents to one or more of Grantor's requests, that does not mean Lender will be required to consent to any of Grantor's future requests. Grantor waives presentment, demand for payment, protest, and notice of dishonor. Severablity. If a court finds that any provision of this Mortgage is not valid or should not be enforced, that fact by itself will not mean that the rest of this Mortgage will not be valid or enforced. Therefore, a court will enforce the rest of the provisions of this Mortgage even if a provision of this Mortgage may be found to be invalid or unenforceable. Merger. There shall be no merger of the interest or estate created by this Mortgage with any other interest or estate in the Property at any time held by or for the benefit of Lender in any capacity, without the written consent of Lender. Successor Interests. The terms of this Mortgage shall be binding upon Grantor, and upon Grantor's heirs, personal representatives, successors, and assigns, and shall be enforceable by Lender and its successors and assigns. Time is of the Essence. Time is of the essence in the performance of this Mortgage. Waive Jury. AN parties to this Mortgage hereby wave the right to any jury trial in any action, proceeding, or counterclaim brought by any party against any other party. DEFINITIONS. The following words shall have the following meanings when used in this Mortgage: Borrower. The word "Borrower" means Chris A Chronister, Jane E Chronister, Paul E Kuhn and Kathryn P Kuhn and includes all co-signers and co-makers signing the Note and all their successors and assigns. Environmental Laws. The words "Environmental Laws" mean any and all state, federal and local statutes, MORTGAGE Loan No: 777777251 (Continued) Page 9 regulations and ordinances relating to the protection of human health or the environment, including without limitation the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S,C. Section 9601, at seq. ("CERCLA"), the Superfund Amendments and Reauthorization Act of 1986, Pub. L. No. 99-499 ("SARA"), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, at seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, at seq., or other applicable state or federal laws, rules, or regulations adopted pursuant thereto. Evertt of Default. The words "Event of Default" mean any of the events of default set forth in this Mortgage in the events of default section of this Mortgage. Existing Indebtedness. The words "Existing Indebtedness" mean the indebtedness described in the Existing Liens provision of this Mortgage. Grantor. The word "Grantor" means Chris A Chronister, Jane E Chronister, Paul E Kuhn and Kathryn P Kuhn. Guaranty. The word 'Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation party to Lender, including without limitation a guaranty of all or part of the Note. Hazardous Substances. The words "Hazardous Substances" mean materials that, because of their quantity, concentration or physical, chemical or infectious characteristics, may cause or pose a present or potential hazard to human health or the environment when improperly used, treated, stored, disposed of, generated, manufactured, transported or otherwise handled. The words "Hazardous Substances" are used in their very broadest sense and include without limitation any and all hazardous or toxic substances, materials or waste as defined by or listed under the Environmental Laws. The term "Hazardous Substances" also includes, without limitation, petroleum and petroleum by-products or any fraction thereof and asbestos. Improwments. The word "Improvements" means all existing and future improvements, buildings, structures, mobile homes affixed on the Real Property, facilities, additions, replacements and other construction on the Real Property. Indebtedness. The word "Indebtedness" means all principal, interest, and other amounts, costs and expenses payable under the Note or Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and substitutions for the Note or Related Documents and any amounts expended or advanced by Lender to discharge Grantor's obligations or expenses incurred by Lender to enforce Grantor's obligations under this Mortgage, together with interest on such amounts as provided in this Mortgage. Specifically, without limitation, Indebtedness includes all amounts that may be indirectly secured by the Cross-Collateralization provision of this Mortgage. Lender. The word "Lender" means Integrity Bank, Its successors and assigns, The words "successors or assigns" mean any person or company that acquires any interest in the Note. Mortgage. The word "Mortgage" means this Mortgage between Grantor and Lender. Note. The word "Note" means the promissory note dated July 16, 2009, in the original principal amount of $165,000.00 from Grantor to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for the promissory note or agreement. Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal property now or hereafter owned by Grantor, and now or hereafter attached or affixed to the Real Property; together with all accessions, parts, and additions to, all replacements of, and all substitutions for, any of such property; and together with all proceeds (including without limitation all insurance proceeds and refunds of premiums) from any sale or other disposition of the Property. Property. The word "Property" means collectively the Real Property and the Personal Property. Real Property. The words "Real Property" mean the real property, interests and rights, as further described in this Mortgage. Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other Instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness. Rents. The word "Rents" means all present and future rents, revenues, income, issues, royalties, profits, and other benefits derived from the Property. MORTGAGE Loan No: 777777251 (Continued) Page 10 EACH GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MORTGAGE. AND EACH GRANTOR AGREES TO ITS TERMS. THIS MORTGAGE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS MORTGAGE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. GRANTOR: x 1 i Cam. u swan Chris A Chronlater X77.__. -- ?. (Seal! ion" Chronieter (Seal) Paul E Kuhn X (Seel) Kati ryn Kul CERTIFICATE OF RESIDENCE I hereby certify, that the precise address of the mortgagee, Integrity Bank, h in is a ollows: Camp Hill Office, 3345 Market Sleet, Camp Hill, PA 17011 Atto r Agent for Mortgagee Loan No: 777777251 MORTGAGE (Continued) Page 11 INDIVIDUAL ACKNOWLEDGMENT COMMONWEA 'H OF PEN SYLVA IA ) I m )SS COUNTY of l ,pry 's, t X31 , day of , 20 f II the undersigned Notary Pu Vic, personally appeared Chris A to me (or satisfactori proven) to be the person whose name is subscribe o We i hin instrument, that he or she executed the same for the purposes therein contained. I1 In witness whereof. I h nto my bend and official seal. C'UMMONWL:AL, 111 111 N;hlvSlhVAM NOTARIAL SEAL Carrie E. Ragan, Notary Public Notary Public in and for the State of E. Hempfield Twp.. Lancaster County My Commission Expires Aug. 15, 2010 before me Chronister, known and ackno lodged 1%,/ his acrn4, ne G Chranlsf INDIVIDUAL ACKNOWLEDGMENT COMMONtN H OF PEN YLVA IA ) rej ) SS COUNTY OF m a ) the ? day ot- UCA the undersigned Notary Pu c, Pere (or satisfactorily pr en) to be the person whose name Is su cribed/ that he or she executed the same for the purposes therein contained. I In witness whereof, I here st y hand CUMMU;\Wt:n?,inur t'hNN .?Ai A NOTARIAL SEAL Carrie E. Ragan, Notary PubliE. Hempfield Twp., Lancaster Co, unty My Commission lixpires Aug. I S, ?010 and official seal. 20 before me appeared Jane Chronister, known to w^thin instrument, and acknowledged Notary Public In and for the State of MORTGAGE Loan No: 777777251 (Continued) Page 12 INDIVIDUAL ACKNOWLEDGMENT COUNTY OF ISS 11? 7t, U I r(I he day of 20 before me the undersigned Nota Public, personally appeared Paul E Kuhn, known to me (or atisfactorily proven) be the person whose name is subscr' d to the within instrument, and acknowledged that he or she executed the aame for the purposes therein contained. (-()MM0kVM, yt'?tll?t hand and official seal NOTARIAL SEAL Carrie E. Ragan. Natant Public E. Hempfield Twp.. Ljncaster County Notary Public in and for the State of My ConunisNion lixi*-,-`: Aug 15, 7010 , INDIVIDUAL ACKNOWLEDGMENT COMMONWEALT PENNS LVANIA ) y? ) SS COUNTY OF r i ) 0 t rmt day of 2b before me the undersigned Notary FKjblic, personally appearedn P Kuhn, known to ry me (or satisfactorily proven)(jo be the person whose name is 'bad to the within instrument, and acknowledged that he or she executed the some for the purposes therein contained. i ?.ol,vlin,? yr r., . v?T1 jj,,.q °PM1 ny hand and officiat seal. NOTARIAL SEAL Carrie E. Ragan, Notary Public E. Hempfield Twp., Laricaster Coun Notary Public in and for the State of n9y Conittlission Expires Aug. I S, 2010 LASER PRO Lending, Ver. 5.45.00.004 Copr. Harland Financial Solutions, Inc. 1997, 2009. All Rights Reserved. - PA K:\LENDING\CFI\LPL\G03.FC TR-2889 PR-9 "EXHIBIT A" LEGAL DESCRIPTION SITU=.TE IN THE COUNTY OF CUMBERLAND, STATE OF PENNSYLVAt4T.;5L: ALL THAT CERTAIN LOT OF LAND SITUATE-IN THE BOROUGH OF WORMIEYSBURG, CUMBERLAND COUNTY, PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT ON THE WESTERN SIDE OF FOXCROFT DRIVE, SAID POINT BEING THE NORTHEASTERN CORNER OF LOT NO. 70, SECTION D OF THE HEREINAFTER MENTIONED PLANS OF LOTS; THENCE BY THE WESTERN SIDE OF WEST FOXCROFT DRIVE, SOUTH 09 DEGREES 15 MINUTES 33 SECONDS EAST 92.16 FEET TO A POINT; THENCE BY THE SAME ON A CURVE TO THE RIGHT HAVING A RADIUS OF 10 FEET, AN ARC DISTANCE OF 13.29 FEET TO A POINT ON THE NORTHERN SIDE OF ECHO ROAD; THENCE BY THE NORTHERN SIDE OF ECHO ROAD, SOUTH 60 DEGREES 54 MINUTES 27 SECONDS WEST 120.89 FEET TO A POINT ; THENCE BY THE WESTERN LINE OF LOT NO. 70, SECTION D, NORTH 09 DEGREES 15 MINUTES 33 SECONDS WEST 130.78 FEET TO T A POINT; THENCE BY THE NORTHERN LINE OF LOT NO. 70, SECTION D, NORTH 80 DEGREES 44 MINUTES 27 SECONDS EAST 125 FEET TO THE PLACE OF BEGINNING. BEING LOT NO. 70, SECTION D, OF THE PLAN OF LOTS OF RIVERVIEW AS RECORDED IN PLAN BOOK 11, PAGE 9, CUMBERLAND COUNTY RECORDS AND BEING SUBJECT TO UTILITY EASEMENTS AND BUILDINGS AND USE RESTRICTIONS AND CONDITIONS OF RECORD. P=..x [ . D. iJG: -17 - 13-1302 -05' ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 200926724 Recorded On 7/31/2009 At 10:49:58 AM * Instrument Type - MORTGAGE Invoice Number - 49453 User ID - KW * Mortgagor - CHRONISTER, CHRIS A * Mortgagee - INTEGRITY BANK * Customer - ABSOLUTE ABSTRACT * FEES STATE WRIT TAX $0.50 STATE JCS/ACCESS TO $10.00 JUSTICE RECORDING FEES - $30.00 RECORDER OF DEEDS PARCEL CERTIFICATION $10.00 FEES AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $67.00 * Total Pages - 14 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA y RECORDER O D EDS " - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. WORW WII?I?IIIWW ?,ti,d,t c . 'yc This Document Was Prepared by: Haven View Escrow After Recording Please Return to: Paul E Kuhn and Kathryn P Kuhn Chris A Chronister and Jane E Chronister 1000 West Foxcroft Drive, Camp Hill, PA 17011 SPECIAL WARRANTY DEED WARRANTY DEED, made this 10th day of July, 2009 by and between SunTrust Mortgage of the City of Richmond and County of Richmond, State of Virginia ("grantor"), and kkkk()i()1111 Chris A Chronister and Jane E. Chronister, husband and wife, and Paul E Kuhn and Kathryn P Kuhn, husband and wife, as joint tenants with right of survivorship ("grantee"), whose mailing address is 1000 West Foxcroft Drive, Camp Hill, PA 17011 THE GRANTOR, for and in consideration of the sum of ONE HUNDRED SIXTY FIVE THOUSAND ($165,000.00), the receipt and sufficiency of which is hereby acknowledged and received, and for other good and valuable consideration, does hereby grant, bargain, sell and convey unto the grantee his/her heirs and assigns, the following described premises located in the County of Cumberland, State of Pennsylvania, described as follows: SEE EXH031T A ATTACHED HERETO Also known as street and number 1000 West Foxcroft Drive, Camp Hilt, PA 17011 Tax Parcel 1D#47-18-1302-057 TO HAVE AD TO HOLD the said premises, with its appurtenances unto the said Grantee his/her heirs and assigns forever. Grantors covenant with the Grantee that the Grantors are now seized in fee simple absolute of said premises; that the Grantors have full power to convey same; and warrant(s) the title against all persons claiming under me. Grantor does not represent, warrant and transfers without recourse to Chris A Chronister, Jane E. Chronister, Paul E Kuhn and Kathryn P Kuhn ("grantee") [SIGNATURES ON FOLLWING PAGE] IN WITNESS WHEREOF, the grantor has executed this deed on the date set forth above. CITY OF RICHMOND STATE OF VIRGINIA ss: The fo going instrument was acknowledged before me by_ 14` day of 2009 Of SunTrust Mortgage, a V irginia Corporation, on behalf of the corporation. My commission expires PRINTS NAME s.,....ai..r! a..ch....4:..?•..oiCa..t?-,.c9taeE?..xa?G•.+ry AUBiREY S. DESPORTES JR. I? Notary Public Commonwealth of Virginia 327755 6Pv ?nrmmi•r• -,n [?:Pins Jul 31, 2012 wog - ro..f4- on t` CAr-P Pg ryatl J,f//J,f J / flIrl A-li r NOTAR UBLIC * ? 20. 11 V, "EXHIBIT k LEGAL DESCRIPTION S IN ? H_, C UPfT`I C!'" CUMSER.LANID, STA' E VP PrPfNSY'L','AftilA: ALL THAT CERTAIN LOT OF LAND SITUATE IN THE BOROUGH OF WORMIEYSBURG, CUMBERLAND COUNTY, PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT ON THE WESTERN SIDE OF FOXCROFT DRIVE, SAID POINT BEING THE NORTHEASTERN CORNER OF LOT NO. 70, SECTION D OF THE HEREINAFTER MENTIONED PLANS OF LOTS; THENCE BY THE WESTERN SIDE OF WEST FOXCROFT DRIVE, SOUTH 09 DEGREES 15 MINUTES 33 SECONDS EAST 92.16 FEET TO A POINT; THENCE BY THE SAME ON A CURVE TO THE RIGHT HAVING A RADIUS OF 10 FEET, AN ARC DISTANCE OF 13.29 FEET TO A POINT ON THE NORTHERN SIDE OF ECHO ROAD; THENCE BY THE NORTHERN SIDE OF ECHO ROAD, SOUTH 60 DEGREES 54 MINUTES 27 SECONDS WEST 120.89 FEET TO A POINT; THENCE BY THE WESTERN LINE OF LOT NO. 70, SECTION D, NORTH 09 DEGREES 15 MINUTES 33 SECONDS WEST 130.78 FEET TO T A POINT; THENCE BY THE NORTHERN LINE OF LOT NO. 70, SECTION D, NORTH 80 DEGREES 44 MINUTES 27 SECONDS EAST 125 FEET TO THE PLACE OF BEGINNING. BEING LOT NO. 70, SECTION D, OF THE PLAN OF LOTS OF RIVERVIEW AS RECORDED IN PLAN BOOK 11, PAGE 9, CUMBERLAND COUNTY RECORDS AND BEING SUBJECT TO UTILITY EASEMENTS AND EUILDINGS AND USE RESTRICTIONS AND CONDITIONS OF RECORD. C.G. NC. 3-_:? -0 ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 200926723 Recorded On 7/31/2009 At 10:49:57 AM * Instrument Type - DEED Invoice Number - 49453 User ID - KW * Grantor - SUNTRUST MORTGAGE * Grantee - CHRONISTER, CHRIS A * Customer - ABSOLUTE ABSTRACT * FEES STATE TRANSFER TAX $1,650.00 STATE WRIT TAX $0.50 STATE JCS/ACCESS TO $10.00 JUSTICE RECORDING FEES - $12.00 RECORDER OF DEEDS PARCEL CERTIFICATION $10.00 FEES AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 WEST SHORE SCHOOL $825.00 DISTRICT WORMLEYSBURG BOROUGH $825.00 TOTAL PAID $3,349.00 * Total Pages - 4 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA o RECORDER OF Il * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. 1111111111111111111111111 rxA;611 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE* 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 HE, MAP 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. 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 TRADUCCI6N INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARR:IBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. * (Must be at least 30 point type) HOMEOWNER'S NAME(S): Christopher & Jane Chrouister and Paul & Kathryn Kuhn PROPERTY ADDRESS: 1000 W Foxeroft Drive, Camp Hill, Pa 17011 LOAN ACCT. NO.: 777777251 ORIGINAL LENDER: Integrity Bank CURRENT LENDER/SERVICER: Integrity Bank 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 EMERG ENCY 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 agency 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 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 "TEMPORARY STAY OF FORECLOSURE". YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION 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) NATURE OF THE DEFAULT --The MORTGAGE debt held by the above lender on your property located at: 1000 W Foxcro t Drive, Camp Hill, Pa 17011 IS SERIOUSLY IN DEFAULT because: your scheduled monthly payments have not been received. A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts and are now past due: September 2009 for $484.85, October 2009 for $1,231.84, and November 2009 for $1,231.84. Other charges (explain/itemize): Late Fees $123.18 TOTAL AMOUNT PAST DUE: $3,068.71 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 $ 3,068.71 , 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: 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. 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 attorneys' 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 pay 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 3 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: Integrity Bank Address: 3345 Market Street, Camp Hill, Pa 17011 Phone Number: 717-920-4900 Fax Number: 717-920-3611 Contact Person: Holly A Burrall E-Mail Address: HBurrall cr integritybankonline.com 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. ASSUMPTION OF MORTGAGE -- You may or _X_ 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 (Fill in a list of all Counseling Agencies listed in Appendix C, FOR THE COUNTY in which the property is located, using additional pages if necessary). NOTICE OF INTENT TO FORECLOSE MORTGAGE - ACT 6 NOTICE November 27, 2009 To: Christopher & Jane Chronister and Paul & Kathryn Kuhn, On July 15, 2009 you executed a note in favor of Integrity Bank (the "Bank") evidencing a loan in the amount of $165,000 (the "Loan"). The Note is secured by a mortgage (the "Mortgage") against your real property known and numbered as 1000 West Foxcroft Drive, Camp Hill, Pa 17011 (the "Mortgaged Property). The Mortgage IS IN SERIOUS DEFAULT because monthly payments of $1,231.84 were not received for the months of September 2009, October 2009, and November 2009. The total amount now required to cure this default, or in other words, get caught up on your payments, as of the date of this letter, is $3,068.71. You may cure this default within THIRTY (30) DAYS of the date of this letter by paying to the Bank the above-mentioned amount of $3,068.71, plus any additional monthly payments and late charges which ma become due during this Mnr od Such payment must be either by cash, cashier's check, certified check or money order, and made at 3345 Market Street, Camp Hill, Pa 17011. You may cure this default within THIRTY (30) DAYS, the Bank intends to exercise its right to accelerate the NOTE and the Mortgage. This means that whatever is owing on the original amount borrowed will be considered due immediately and you may loose the chance to payoff the original mortgage in monthly installments. If full payment of the amount of default is not made within THIRTY (30) DAYS, the bank intends to commence a lawsuit to foreclose upon your Mortgage Property. If the Mortgage is foreclosed, your Mortgaged Property will be sold by the Sheriff to pay off the Loan. If the Bank refers your case to our office, but you cure the default before we begin formal legal proceedings against you, you will still have to pay the reasonable attorneys' fees actually incurred. Any Attorneys' fees will be added to whatever you owe the Bank, which may also include reasonable costs. 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 (1) hour before the Sheriff's foreclosure sale. You nay do so by paying the total amount of the unpaid monthly payments, plus any late or other charges then due, as well as the reasonable attorneys'fees and costs connected with the foreclosure sale, and you must perform any other requirements under the Mortgage. It is estimated that the earliest date the Sheriff's Sale could be held would be approximately April 2010. A notice of the date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment will be by calling the undersigned at the following number: 717-920-3681. This payment must be in cash, cashier's check, certified check or money order and made payable to the Bank at the address stated above. You should realize that a Sheriffs Sale will terminate your ownership of the Mortgaged Property and your right to remain in it. If you continue to live in the property after the Sheriffs Sale, a lawsuit could be started to evict you. You have additional right to help you protect your interest in the Mortgage Property. YOU HAVE THE RIGHT TO SELL THE MORTGAGED PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE, OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUITION TO PAY OFF THIS DEBT. YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE MORTGAGE PROPERTY SUBJECT TO THE MORTGAGE TO A BUYER OR TRANSFEREE WHO WILL ASSUME THE MORTGAGE DEBT, PROVIDED THAT ALL THE OUTSTANDING PAYMENTS, CHARGES, AND THE ATTORNEY'S FEES AND COSTS ARE PAID PRIOR TO OR AT THE SALE AND THAT OTHER REQUIREMENTS UNDER THE MORTGAGE ARE SATISFIED. YOU MAY CONTACT THE UNDERSIGNED TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT EXIST. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY A THIRD PARTY AC'T'ING ON YOUR BEHALF. If you cured the default in full, the Mortgage will be restored to the same position as if no default had occurred. Sincerely, Holly A Burrall Consumer Loan Manger I 1NITED STATES POSTAL SERVICE P First-Class Mail F!2'.! LISPS ostage & Fees P+ Permit No. G-10 • Sender: Please print your name, address, and ZIP+4 in this box • '? 1? ?toa.?ee? ?' t{'illi PA I?O?I io m Z Utz u 1r11111rIr11111111111rt1111?r11111r1l1i1111i111r1r1171rrr111r1 UNITED STATES POSTAL SERVICE 111111 EPUeff :o( • Sender: Please print your name, address, and ZIP+4 in this box • 3314 M - - ?alv?-p noo if rIIII 1,11111Ir11111r„11,111I'll „ 1 .II...1-11 1 1 1 UNITED STATES POSTAL SERVICE 111111 and ZIP+4 in this box • • Sender: Please 9N 1-?o\\ t,1,11i1rItllrr...,!lr,r!lrl,flrlrrllllrr,Lrlflri111r11rllril W U N Q a. co a H cf) Z I • 0 .a N ?- w O ,c a N c cc d . E C' C c cl m r y m a c? m v C N cl) 0 N Compiet+b Items 1, 2, and 3. Also complete Item 4 if Restricted Delivery is desired. 0 Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mallpiece, or on the front if space permits. 1. Article Addressed to: ? OVA ? r?? A. Skffajure x ?j 00 0 B. Received by (Printed Name) C. Date' -n iI,_ I Cr D. Is delivery address different from item 1? ? If YES, enter delivery address below: ? ro 0 A ©O C 3. Service Type v /? ?Qrn l \ 1 1 l ,? ^? I -lot 1 W,Certified Mail ? Registered ? Insured Mail ? Express Mall ? Return Receipt for fA ? C.O.D. 3 n f 4. Reshiated Delivery? (Extra Fee) C]] c z' MArticle Number anssferrftffiissn*eieb? 7005 1820 0007 1263 1780 °v 38 Form 3811, February 2004 Domestic Retum Receipt 10259 III Compleiti items 1, 2, and 3. Also complete Item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front If space permits. 1. Article Addressed to: Cdr C1nX QUU t? ?c?cCr? Z- re A. x °' 13 B. Received by (Printed Name) 1 C. Date 17_1 D. Is delivery address different from stern 1? U if YES, enter delivery address below: ? S N 3 m O O tr1 L? 0 ti 0 C3 0 C3 L-i ni Er W L-j -.J -.1 W 3. lype fl Meal O Bpeas Mail ^ ertled 13 Registered E3 Re Returnturn Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (EMs Fee) ? Yes 2. Art MWMW icle fiomr servilce 7005 1820 0007 1263 1803 ?&Form 3811, February 2004 Domestic Return Receipt 1025955-02-M-1 540 -? n 0D-=-3 a m-?C?m m ?•S,M y,0 A0 y 0 3 CD m ? CL ?Rrmama 9m o = o v ? 0 (CD r A W P P3 ?o ? ? g C 0 o o 'J ? v ? ?? z0 rn I Complete Items 1, 2, and 3. Also complete Item 4 If Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mallplece, or on the front If space permits. 1. Article Addressed to: A. Signature - x ? Agent Addressee B. Received by f Printed N ) C. Date of Delivery c N D. Is delivery address different from Item 1? ? Yes 5 8 If YES, enter delivery address below: ? No 8 t M 1000 ???a Imo. ??? (? ?jt 14?Vhp `?O(1 V 3. ONVIce Type Certified Mail ? Registered ? Insured Mall ? Express Mail ? Return Receipt for Merchandise ? O.O.D. t y m Y r _ ? 4. Restricted Delivery? (Dare Fee) ? Yes N umber (rmnsw L Article N Aorr? service iab6!) 7005 1820 0007 1263 1810 (Transfer 3S Form 3811, February 2004 Domestic Return Receipt 102595.024A-1540 .- m 3? t I _r7-T' I I --FO-ST- -b-OTVIT77 ¦ , MAII RECEIPT CERTIFIED . RECEIPT h D. 9 rl ------------- For delivery informatiar: vis,t cur website at www,usps (;Of") For delivery information visit our website at wvrw.usj-,x(;n,, T k , , m < 3 .1 F, - 1z ] .D a a postage $ Postage $ ] Certified Fee O Celled Fee Poebrouk C3 ] Return Receipt Fee O Return Receipt Fee Pty (Endorsement Required) Here (Endorsement RequMM Restricted Delivery Fee A-7 ? (Endorsement Restricted pal emu ; (Endorsement Required) ] Total Postage & Fees $ Total Postage & Fees $ O? N Sam 0 0 to or PO Box No. ??^'(?? [?,^• Ir 0 orPOBoxNo. 1 ..? t.J..GL]•.1.5__ ?iir-sieie''ziP«o --- \'1G U.S. Postal Service M a o CERTIFIED MAIL RECEWT 17 co (Dornestic Mail • (Elor?)estic Mail Orly. r-1 For delivery information visit cur vicbsite at www.usv):, C-?)? delivery infortnation visit our website at www.tjsps.-orn m ., CIA. L U _j Postage $ 9 Poae l71- ] Certified Fee O Certified Fee O PoW wk 7 Return Receipt Fee Postmark (Fndo seei Return Receipt Required) Flare (Endorsement Required) ` Heire 0 I Restricted (E ntRequire) 1 I2? ? (Endorwrt?n?t Rau ' 1 a? j r-1 Total Postage & Fees $ Total Postage & Fees 7 Ul ] awn o Sam To O 3triie?7lpi -----...---°?--- - - -- --- - ------ ---- -------- orPOBox1YV." orF?ear? ` -).f?11 ....-..2:... lxU cf -- .?\ :--- i s ziPi4imie""Z++:a 01 VERIFICATION I, Robert K. Day, hereby verify that I am the Executive Vice President of Integrity Bank, and, as such, I am authorized to verify the averments of the foregoing document are true and correct to my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. INTEGRITY BANK Date: - / / 'c,20 l c) By: obert K. Day Executive Vice President SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ~~ ~~ Js-rw-i J Sheriff ~~~5t14, nt ~~rrrrGrr/,~r~ ~`r"` Tf'iL ~ ~- ~( ''~T~~ Jody S Smith ' 1t' Chief Deputy ~~! O F~~ ~ ~ ~„-~ ~: ~; Edward L Schorpp _ _ Solicitor ~ ~ ~~'f~~F!!'~` Integrity Bank Case Number vs. 2010-1052 Christopher A. Chronister SHERIFF'S RETURN OF SERVICE 02/12/2010 09:11 PM -Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on February 12, 2010 at 2111 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Christopher A. Chronister, by making known unto himself personally, at 1000 West Foxcroft Drive, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to him personally the said true and correct copy of the same. 02/12/2010 09:11 PM -Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on February 12, 2010 at 2111 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Jane E. Chronister, by making known unto Christopher A. Chronister, Husband of defendant at 1000 West Foxcroft Drive, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to him personally the said true and correct copy of the same. 02/12/2010 09:11 PM -Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on February 12, 2010 at 2111 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Paul E. Kuhn, by making known unto Christopher A. Chronister, adult in charge at 1000 West Foxcroft Drive, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to him personally the said true and correct copy of the same. 02/12!2010 09:11 PM -Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on February 12, 2010 at 2111 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Kathryn P. Kuhn, by making known unto Christopher A. Chronister, adult in charge at 1000 West Foxcroft Drive, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $89.50 SO AN ER~~/ ~~~ February 16, 2010 RONNY R ANDERSON, SHERIFF ~ ~--~ -- Deputy Sheriff (ci Couna'S~itP Shen`t. Telexsoft, Inc- REAGER & ADLER, P.C. BY: THOMAS O. WILLIAMS, ESQUIRE Attorney I.D. No. 67987 Email: Twilliam?ReaverAdlerPC.com BY: WAYNE S. MARTIN, ESQUIRE Attorney I.D. No. 208078 Email: WmartinAReagerAdlerPC.com 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 Attorneys for Plaintiff Integ.Aty Bank INTEGRITY BANK, OF THE PROTHONOTARY 2011Jr?,?j- f t11:49 CUMBE-PAL A1,,0 COUNTY PEA !S YLVAN'A IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION v. CHRISTOPHER A. CHRONISTER, NO. 2010-1052 JANE E. CHRONISTER, PAUL E. KUHN, and KATHRYN P. KUHN : PRAECIPE TO MARK DISCONTINUED TO THE PROTHONOTARY: Please mark this matter as settled and discontinued with prejudice. Date: January 4, 2011 Thdmas O. Williams, Esquire Attorney I.D. No. 67987 Wayne S. Martin, Esquire Attorney I.D. No. 208078 2331 Market Street Camp Hill, PA 17011 (717) 763-1383 Attorneys for Plaintiff