HomeMy WebLinkAbout10-4549y
r
THE LAW OFFICES OF LAUREN BERSCHLER KARL, LLC
Lauren Berschler Karl, Esquire 2r ~ ~ ~~~ _ ~ ~ ~~ ~ ~~
Identification No. 88209
Park Building Attorneys for Plai~tif~f : , „ Y
c, ,t: ,. ~~, v ~ Y
355 Fifth Avenue, Suite 400 F~ ~ .,J` 7! ; ~
Pittsburgh, PA 15222
Phone: (412) 232-0808
Fax: (412)232-0773
CITIZENS BANK OF PENNSYLVANIA
10561 Telegraph Road
Glen Allen, VA 23059
Plaintiff,
v.
ELIZABETH ANN FISHER
627 N. East Street
Carlisle, PA 17013
Defendant.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO.: (~ - I-IS~ ~.~tV i ~ T1~x'11l
NOTICE TO DEFEND
You have been sued in court. If you wish to defend against the claims set forth in the following
pages, you must take action within twenty (20) days after this complaint and notice are served, by
entering a written appearance personally or by 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
1-800-990-9108 ~~~
717-249-3166 `~=~
~Qa. oo Po ~rrr
e~ ~d'73
~~
THE LAW OFFICES OF LAUREN BERSCHLER KARL, LLC
Lauren Berschler Karl, Esquire
Identification No. 88209
Park Building Attorneys for Plaintiff
355 Fifth Avenue, Suite 400
Pittsburgh, PA 15222
Phone: (412) 232-0808
Fax: (412)232-0773
CITIZENS BANK OF PENNSYLVANIA
10561 Telegraph Road
Glen Allen, VA 23059
Plaintiff,
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO.:
v.
ELIZABETH ANN FISHER
627 N. East Street
Carlisle, PA 17013
Defendant.
COMPLAINT IN MORTGAGE FORECLOSURE
Plaintiff, Citizens Bank of Pennsylvania, by its attorneys The Law Offices of Lauren
Berschler Karl, LLC, files the within complaint in mortgage foreclosure and represents as follows:
1. Plaintiff, Citizens Bank of Pennsylvania, ("Citizens"), is a state chartered bank with a
place of business at 10561 Telegraph Road, Glen Allen, VA 23059.
2. Defendant, Elizabeth Ann Fisher, is an adult individual who is believed to reside at
27 N. East Street, Carlisle, PA 17013.
3. Defendant, Elizabeth Ann Fisher, ("Defendant"), is the owner of record of a certain
parcel of residential real estate located in Cumberland County known by the following street address:
627 N. East Street, Carlisle, PA 17013 (the "Property").
4. On November 12, 2008, Defendant, by and through her Power of Attorney a/k/a
Attorney-in-fact, Pamela E. Fisher, executed a Home Equity Line of Credit Agreement in the amount of
$77,000.00, (the "Note"). A true and correct copy of the Note is attached hereto as Exhibit "A."
-2-
The Note was secured by a mortgage granting a lien upon the Property (the "Mortgage"),
made, executed and delivered to Citizens on November 12, 2008, by Defendant by and through her Power
of Attorney, a/k/a Attorney-in-fact, Pamela E. Fisher, and such Mortgage was duly recorded in the Office
of the Recorder of Deeds of Cumberland County, Pennsylvania on December 1, 2008, as Instrument
Number 200838309. A true and correct copy of the Mortgage is attached hereto as Exhibit "B."
The full legal description of the Property is set forth in Exhibit "C" which is attached
hereto and incorporated herein by reference.
Monthly payments have not been tendered as required under the terms of the Note and
Mortgage.
Due to the failure to pay the Plaintiff the sums due and owing thereunder, Plaintiff
demanded complete payment and performance of all of Defendant's obligations under the terms of the
Note and Mortgage.
9. Pursuant to the terms of the Note and Mortgage, Defendant is obligated to Citizens for
the following sums as of June 18, 2010:
Principal $ 66,265.65
Accrued interest
(through 6/18/10) 1,405.85
Accrued late charges 63.31
Annual Fee 25.00
BPO/Appraisal 400.00
Title Reports 620.00
Attorneys fees 3,313.29
Attorneys costs 250.00
TOTAL REAL DEBT $ 72,343.10
Interest continues to accrue at the per diem rate of $5.88.
10. On May 11, 2010, the combined Notice of Intention to Foreclose as set forth in the
Homeowner's Emergency Mortgage Assistance Act, Act 91 of 1983, 35 P.S. C.S.A. §1680.401 and
Act 6 of 1974, 41 Ps. 101, et seq., with respect to the Note and Mortgage was mailed to the
Defendant as evidenced by the Certificates of Mailing attached hereto and incorporated herein as
Exhibit "D."
-3-
WHEREFORE, Plaintiff, Citizens Bank of Pennsylvania, demands Judgment in Mortgage
Foreclosure in its favor and against Defendant, Elizabeth Ann Fisher, in the amount of $72,343.10,
plus continuing interest at the per diem rate of $5.88, from June 18, 2010, and any and all additional
attorneys fees and costs and any other costs and charges collectible under the mortgage and for the
foreclosure and sale of the Property.
Respectfully submitted,
THE LAW OFFICES OF
LAUREN BERSCHLER KARL, LLC.
BY:
uren Bersc ler Karl, Esquire
Attorneys for laintiff,
Citizens Bank of Pennsylvania
Date: July 2, 2010
-4-
VERIFICATION
I ,WILLIAM P. KEMPF, being duly sworn according to law, depose and say that I am a
mortgage foreclosure specialist with Citizens Bank of Pennsylvania and that the facts set forth in
Citizens' Complaint in Mortgage Foreclosure are true and correct to the best of my knowledge,
information and belief. I understand that the statements therein are made subject to the penalties of
18 Pa.C.S.A. § 4904 relating to unsworn falsification to authorities.
CITIZEN/ S B/A~~~NK OF P NNSYLVANIA
By: ~i~li~-
WILLIAM F
-5-
EXHIBIT "A"
NII II~NII
~~
tit) cote
Citizens Bank
SECONDARY MORTGAGE LOAN
HOME EQUITY LINE OF CREDIT AGREEMENT
Borrower(s):
ut:zaat;rx aenr PlsttISR
1!7 riTat AITORNBY-IN-P1iCS, PAt~L7t 8 P29tRR
Lender: Citizens Bank of Pennsylvania
t 73S Market Street
Philadelphia, PA 19103
Dace of Agreement: il/11/Z0o8
This HOME EQUITY LINE OF CREDIT AGREEMENT ("Agreement") contains the temu which
govern yow lint of credit (the "Credit Line" or the "Credit Line Account") issued through Citizens Bank
of Pennsylvania and hereafter refernd to as "Citizens Bank". The Agreement sets forth the tams undo
Which Citizens $ank extends credit advances against your Credit Line Account. Each person who signs
this Agreement will be bound by its terms and conditions and will be responsible for paying ell amounts
owed, In this Agreement, the words "Borrower," "you," "your," and "Applicant" mean each and every
person who signs this Agreement, including all Borrowers named above. The words "we," "us," "ow,"
and "Lender" mean Citizens Bank as identified above. You agree to the following terms and
conditions:
1. Promise to Pay. You promise to pay Citizens Bank the total of all credit advance's made by us under
the terms of this Agreement, any other charges, and FINANCE CHARGES due, together withal! costs
and expenses for which you arc responsible under this Agreement or under the "Mortgage" which secures
this Agreement. You will pay your Credit Line according to the payment terms set forth below.
2. Term. The term of yow Credit Line wilt begin as of the date of the Agreement (`Opening Date")
and wilt continue until termination of your Credit Line Account. All indebtedness under this Agreement,
if not already paid pursuant to the payment provisions below, will be due and payable upon termination.
The "Draw Period` of yow Credit Agreement will begin on a date, after the Opening Date, when the
Agrccmrnt is accepted by us in the Commonwealth of Pennsylvania, following the expiration of the right
to cancel, the perfection of the Mortgage, and the meeting of all of our other conditions and will continue
for a period of ten (l0j years, subject to the terms and conditions of this Agreement. You mey obtain
credit advances during the "Draw Period" not to exceed, at any time, the credit limit of your line of credit,
which is S 77 , 000 . oo and more fully described in paragraph S, "Credit Limit". Atler the Draw
Period ends, the Repayment Period will begin; and you will no longer be able to obtain credit advances.
The length of tltr Repayment Period is Fifttxn (1 S) Years. The end of the Fifteen (15) Years is known as
the "Maturity Date". You agree that, at our discretion, wr mey renew or extend the period during which
you may obtain credit advances or make payments.
Payments.
a) Draw Period
You can obtain advances of credit for ten (10) years (the "Draw Period"). You have chosen
the payment option checked below. The option checked below is based on the option that was
indicated on your home equity application, if no option was indicated on your application, the
loan will default to Option One (Interest Only).
® Option One: Monthly interest-only payments -Under this option, your payments wi ll be due
monthly and wilt equal the finance charges that accrued on the outstanding principal balance
during the preceding billing period, plus insurance premiums (if any), ell other charges and any
amount past due. The Minimum Payment will not reduce the principal that is outstanding on your
Credit Linr Account. This option will mutt in greater expenses over the life of the Credit Line
Account.
^ Option Two: 2% aCthe balance -Under this option, yow payments will be due monthly and will
equal 2°~6 of the New Total Balance (which includes the principal balance and outstanding finance
charges as of the end of the billing period plus insurance premiums [if any], and all other
charges), plus late fees and any amount past due. The Minimum Payment will equal 520.00 or the
outstanding balance on your Credit Line Account, whichever is less.
b) Changing Your Draw Period Payment Option
You may change your Draw Period Payment Option from Option 1 to Option 2, or from Option
2 to Option I. You must ask us in writing at least 15 days before the start of the billing cyc]e in
which you want to change your Draw Period Payment Option.
QetFrowP~ P Rev 06!08 F I l /08/2008
Page 2
We do not have to let you change your Draw Period Payment Option if; (i) any of your payments
under this agreement are past due at the time you make your request, (fij your account balance is
higher than your credit line at the time when you ask us to change your Draw Period Payment
Option, or (iii) wt, in our sole discretion, believe that your account is not in good standing.
c) Repayment Period
After the draw period ends, you will no longer be able to obtain credit advances and must pay
the uatstanding balance over 1S years (the repayment period "). During the repaymrnt period,
paymrnts will be due monthly. Your minimun monthly payment will equal 1 /180th of the
balance that was outstanding at the end of the draw period plus the finance charges that have
accrued on the remaining balance, plus any amount past due and all other charges or $20.00;
whichever is greater.
d) Payments
All payments must be made by a check, money order, or other instrument in U.S. dollars and
must be received by us at the remittance address shown on your periodic billing statement.
Payments received at that address on any business day will be credited to your Credit Line as of
the date received so tbat Tnance and other charges will not accrue, however, the Lender
may delay for a reasonable time the avsllability of the fonds until Leader has had an
opportunity to confirm the validity of the psymeot. Payments may also be made at any of
our branch offices. You may also make payments by authorizing us to debit your Citizens Bank
checking account each month in the amount of the Minimum Payment. Payments sent by mail
must be mailed early rnough to insure receipt by us on the Payment Due Date.
4. Application of Payments. Unless otherwise agreed or required by applicable law, during the Draw
Period, payments and other credits will be applied in the following order: to the oldest unpaid billings
first, and then sequentially to any other unpaid billings from the oldest to the mast current. Payments in
excess of billed amounts will be credited to your account. During the Repayment Period, your payments
will be applied in the following order, assuming that it is made by the Payment Dut Date: (a) The interest
portion of the unpaid Minimum Payment; and (b) any additional amount paid that exceeds interest due
will next be applied to the principal portion of the unpaid Minimum Payment. if you make a payment
greater than the Minimum Payment, but less than the Total Due shown on your periodic statement you
will still be required to make the Minimum Payments in the months that follow. We will refund to you
any credit balance upon request if there is a credit balance on the date we receive the refund request.
5. Credit Limit. This Agreement covers a involving line of credit for $ 77 , 000.00 which will
be your "Credit Limit" under this Agreement. This is the maximum credit that is to be extended to you. if
the Credit Limit is exceeded, you will be in default of a material obligation under this Agrecmrnt and the
provisions of paragraph 7, "Limitations on Use of Checks" will apply. You may bortow against the
Credit Line, repay any portion of the amount borrowed, and re•bortow up to the amount of the Credit
Limit. You agree not to attempt, request, or obtain a credit advance that will make your Credit Line
Account balance excad your Credit Limit. Your Credit Limit will not be increased should you ovcrdraa•
your Credit Line Account. If you exceed vour Credit Limit, you agree to repay immediately the amount
by which your Credit Line Account exceeds your Credit Limit, even iC we have not yet billed you.
6. How to Use the Credit Llne. You may obtain credit advances under your Credit Line by writing a
preprinted "check" that we will supply to you. Credit Line checks are specially designated checks which
can be completed just like any other check. Each check written and negotiated will create a check
advance from us to you. Checks drawn on the Account on forms other than those forms supplied by us
for that propose will not be honored. Each check you write will bt paid with a check advance from your
Account unless you are in default under this Agreement, as described in paragraph 23, "Termination and
Acceleration", or in those circumstances described in paragraph 7, "Limitations on Use of Checks."
Your use of a check will be reflected on your periodic statement ss a check advance. Credit Line checks
will not be certified by us and you agree that wt may retain t1x actual checks written by you, and nerd
not return the original checks to you. We may also provide additional ways of using your Account from
time to time.
if there is more than one person authorized to use this Credit Line Account, each of you agree not to give
us conflicting instructions, such as one of you telling us not to give advances to the other• Any such
instructions witl not be followed by us. However, any one of you may cancel your Credit Line under
paragraph 30, "Cancellation by You".
Page 3
7. Llrnkations oa Use of Checks. We rcstrvc the right not to horror Credit Line checks in the following
circumstances:
(a) Yow Credit Limit has been, or would be, exceeded by paying the check.
(b) Your check ispost-dated. if a post-dated check is paid and as a rcsuh any other check is returned
or not paid, we are not responsible, subject to any applicable law.
(c) Your checks have been reported lost or stolen.
(d) Your check is not signed by an "Authorized Signer" as defined btlow.
(e) Yow Credit Line has been terminated or suspended as provided in this Agreement or could be if
we paid the check.
(f) You arc in violation of any other transaction requirement or would be if we paid the check.
if we pay any check under these circumstances, you must repay us, subject to applicable laws, for the
amount ofthe check. The check itself will be evidence of your debt to us together with this Agreemrnt.
t'~ur liability, if any, for wrongful dishonor of a check is limited to your actual damages. Dishonor for any
reason as provided in this Agreement is not wrongful dishonor.
g. Authorized Signers. The words "Authorized Signer" on checks as used in this Agreement mean and
include each person who (a) signs the application for this Credit Line, and N) signs this Agreement.
9. Stop Payments. We do not honor stop payment orders for checks drawn against yow Credit Line
Account You therefore should not use yow Credit Line Account tf you anticipate the need to stop
payment. You agree that we will have no liability to you or to any other party because we do not honor
stop payment orders.
10. Lost Checks. If you lose yow checks or someone is using them without yow permission, you agree
to notify us immediately. The fastest way to notify us is by calling us at (800) 922-4999. You also can
notify us at Citizens Bank, Consumer Loan Servicing, 1 Citizens Drive, Riverside, RI 02915
I I. Charges to Yonr Credit Line. We may chargt yow Credit Line to pay other fees and costs that you
are obligated to pay under this Agreement, under the Mortgage or under any other document related to
your Credit Line. Tn addition, we may charge yow Credit Line for funds required for continuing
insurance coinage as described in the paragraph 13, "Insurance" or as described in the Mortgage. We
may also, al ow option, charge yow Credit Line to pay any costs or expenses to protect or perfect our
secwity interest in yow dwelling. These costs or expenses include, without limitation, payments to ewe
defaults under any existing liens on yow dwelling. If you do not pay yow property taxes, w~e may
charge your Credit Line and pay the delinquent taxes. Any amount so charged to your Credit Line will be
a credit advance and will decrease the funds available, if any, under the Credit Line. However, we have
no obligation to provide any of the credit advances referred to in this paragraph.
12. Collateral. This Agreement is secured by a Mortgage dazed 11/lz /aooa to us on property located
in em®tt;ttt,At~ County, State or Commonwealth of PA , (the "Property"). We
have the right, but are not required to take such action as is necessary to protect our Secwity Interest
described in this paragraph. Any amounts we may pay in exercising our right to protect ow Security
Interest must be paid by you on demand, and wilt bear interest at the Annual Percentage Rate thrn
applicable to your account.
IMPORTANT NOTICE ABOUT YOUR REAL PROPERTY COLLATERAL: If the decd to the
property you are pledging as security for this loan. includes more than one parcel of land, the mortgage
you are requesting will be secured by ALL parcels described in yow deed. if your deed contains more
than one parcel of land and you do not want to pledge all of them as secruity for yow loan you should
contact yow legal rcpresrntative.
13. Insurance. You must obtain insurance on the Property securing this Agreement through any
company of yow choice that is reasonably satisfactory W us for the lesser of the replacement cost of the
buildings or appurtenances on the Property or the amount of the Credit Line plus any priority liens. You
must name Citizens Bank of Pennsylvania as its interests may appear as mortgages on all required
insurance policies. The insurance you maintain must provide for Ten (1 O) days notice of cancellation to
us. If the Property is located in a designated Flood Zone, you must also maintain flood insurance on the
Property. Subject to applicable law, if you fail to obtain or maintain insurance as required herein or in the
Mortgage, we may purchase insurance to protect our own interat, add the premium to your balance,
pursue any other remedies available to us, or do any one or more of these things.
In the event the Borrower fails to obtain and maintain any insurance on flee Property requited by the
Lender, the Borrower understands and agrcts that the Lender may, at its option (unless required to do so
by applicable law), obtain and maintain the required insurance and pay the premium(s) for such
insurance, and either. (i) add the cost of the insurance to the unpaid principal balance owed under the
Agrcement (in which case the Borrower agrees to repay the cost of the insurance in accordance with the
repayment terms of the Agreement}, or (ii) bill the Borrower separately (in which case the Borrower
agrees to pay the bill immediately). The Borrower agrees to pay interest on any such amounts at the
interest rate provided in the Agreement until such amounts are repaid in full, The Borrower understands
and acknowledges that any insurance obwined and maintained by the Lcndcr may (i) only protect the
interests of the Lender and any other creditor with a prior mortgage on the Property, and (ii) be more
exprnsivc than insurance obtained snd maintained by the Borrower.
Page 4
14. Right of Setoff. We have the right under the law to transfer funds held in any deposit account that
any person who signs this Agreement has with us or an affiliated bank, to pay nr reduce your obligations
if you are in default under this Agreement or we terminate or accelerate your Credit Line Account.. You
grant to us a contractual possessory security interest in, and hrreby assign, cvrtvey, deliver, pledge, and
transfer to us all right, title and interest in and to, your accounts with us (whether checking, savings, or
some other account), including without limitation all accounts he{d jointly with someone else and al]
accounts you may open in the future, excluding however all IRA, Keogh, and
trust accounts. You authorize us, to the extent permitted by applicable law, to charge or set off all sums
owing under this Agreement against any and all such accounts.
15. Periodic Statements. We will send you a periodic statement for ail check advances made under this
Agreement during the Draw Period and for al! monthly payments due during the Repayment Period. The
statement will show, among other things, payments and credits, check advances, FINANCE CHARGES,
insurance, and other charges, your Previous Total Balance, and your New Total Balance. Your statement
also will identify the Minimum Paymrnt you must make for that billing period and the Payment Due
Date. All periodic statements shall conclusively bt considered to be correct and accepted by you unless
we aze notified in writing of any alleged errors within 60 days after receipt.
16. FINANCE CHARGES. You will pay a FINANCE CHARGE on the outstanding amount of the
principal balance under your Credit Line, once each billing cycle during the Draw Period and the
Repayment Period. The FINANCE CHARGE will begin to accrue on the date advances are posted to
your Credit Line Account. There is no "grace period" which would allow you to avoid a FINANCE
CHARGE on your Credit Line advances. FINANCE CHARGES do not accrue on any undisbursed
proctcds.
17. Method Used to Determine the Balance on Which tht FINANCE CHARGE Will Be Competed.
We figure the FINANCE CHARGE on your account by applying the daily periodic rate to the average
daily balance of your Credit Line Account and then multiply by the number of days in the billing cycle.
To get the average daily balance, we take the total beginning balance of your Credit Line Account each
day and add new advances and subtract the principal portion of any payments and credits. The beginning
balance for the period is the New Principal Balance amount from yotu previous statement. To determine
the principal portion of a payment, subtract any unpaid FINANCE CHARGES then insurance premiums
(if any) and membership fees and other charges (if applicable). This gives us the daily principal balance
each day. Then we add up al) the daily principal balances for the billing cycle and divide the total by the
number of days in the billing cycle {the number of days since your last statement). This gives us the
average daily balance. The average daily balance does not include finance charges, insurance premiums,
membership fees or other charges.
I8. Haw Yon May Compute the Finance Charges On Your Line of Credit Accoant. When the
average daily balance has been computed, you multiply the average daily balance by the daily periodic
rate which is arrived at by dividing the Annual Percentage Rate by the number of days in the year. The
result is multiplied by ttx number of days in the billing cycle. This figure is the FINANCE CHARGE
assessed for the billing cycle.
19. Periodic Rate aad Corresponding ANNUAL PERCENTAGE RATE. Vvc will determine the
Periodic Rate and tht corresponding ANNUAL PERCENTAGE RATE as follows. We start with an
independent index, (the 'Index"), which is The Wall Strcet loutnal Prime Rate, published daily in the
listing of "Money Rates," We will use the Index value published on the last business day of each month
for any ANNUAL PERCENTAGE RATE adjustment. If the Index is no longer available, we will
choose a new index and margin. The new Indez will have an historical movement similar to the original
Index and margin, and the new Index and margin wi II result in an Annual Percentage Rate that is
substantially similar to the rate in effect at the time the original Index becomes unavailable. The Index is
not necessarily the lowest rate charged by us on our loans. To determine the Periodic Ratt that will apply
to your Credit Line Account, we add a margin to the value of the ]ndex, then divide the value by the
number of days in a year (daily). To obtain the ANNUAL PERCENTAGE RATE, we multiply the
Periodic Rate by the number of days in a year {daily). This result is the ANNUAL PERCE.ti1TAGE
RATE. The ANNUAL PERCENTAGE RATE includes only interest and no other costs.
The Periodic Rate and the corresponding ANNUAL PERCENTAGE RATE on your Credit Line will
increase or decrease as the Index increases or decreases from time to time. Any increase in the Periodic
Rate will take the form of higher payment amounts. Adjustments to the Periodic Rate and the
corresponding ANNUAL PERCENTAGE RATE resulting from changes in the Index will take effect on
the first day of the next billing cycle. The maximum ANNUAL PERCENTAGE RATE during the
Draw Period of your Credit Line will be 18.000°!0. The maximum ANNUAL PERCENTAGE RATE
during the Repayment Period of your Credit Line will be 18.000% or the maximum rate allowed by
applicable law. [n no event will the ANNUAL PERCENTAGE RATE be less than 2.500% during the
life of your Credit Line. As of the date this Agreement was printed, the Indez 154.00 % per annum.
Based on that ]ndex value, we estimate that the initial Periodic Rate and the corresponding ANNUAL
PERCENTAGE RATE on your Credit Line for the first billing
Page 5
cycle will be as stated below: The initial Periodic Rate and corresponding ANNUAL PERCENTAGE
RATE actually in effect during the first billing cycle, which will be disclosed on yew first periodic
statement, may differ from these estimates if the Index changes between the date this Agreement was
printed and the date you sign this Agreement.
Margie Added A1vT'UAL Daily Periodic
• 0.010 3.99000$ 0.01093$
20. Couversioo Optloa. You can exercise the option to convert to a fixed rate only at the end of the
Draw Period. Your ANNUAL PERCENTAGE RATE may increase if you exercise this option to
convert to a fixed rate.
The fixed rate will be determined as follows. The ANNUAL PERCENTAGE RATE will 6e fixed
during the entire Repayment Period and will be equal to 2%: °/a added to the Index which is in effect on
the date that the final Draw Period payment is due, but will not be more than 18.00%. !n the event the
Prime Rate is published as a range oFrates, then the lowest rate published shall be the Index. If The Wall
~trsct loumal ceases publication of the Prime Rate we Wray select a substantially similar Index which we
will use to determine the ANNUAL PERCENTAGE RATE for the Repayment Period.
In no event shall the Finance Charge exceed that allowable under any applicable law. if it is determined
that the Finance Chazge would, except for this provision, exceed the maximum rate allowable, all excess
payments shall be considered to be payments on the principal balance due hereunder and shall be applied
accordingly.
21. Annual Fee. Thcrc is no Annual Fee for the first year. Thereafter, anon-refundable Annual Fec of
550 will be charged to your Credit Line Account on each anniversary ofyour Credit Line, during the
Draw Period. We will lower your Annual Fcc by 525.00 if you maintain a Citizens Circle Gold
Checking Account or any other deposit relationship account that we may deem from time to time to
warrant a discount. If you close your Citizens Circle Gold Checking Account or other designated deposit
relationship account, anon-refundable Annual Fee of 550.00 will be charged to yew Credit Line Account
on each Anniversary ofyour Credit Linc Account, during the Draw Period thereafter.
22 (a). Late Charges. Depending on the state or commonwealth identified above, your late Cee will be
calculated as Follows:
Yow payment will be late if it is not received by us within IS days of the "Paytneat Due Date"
shown on your periodic statement. If yew payment is late, we may charge you 5.000% of the
pa}Trtent or 520.00, whichever is less.
22 (b). PREPAYMENT; If you pay off the entire balance and close your tine of credit account before
the due date, you will not have to pay a fee.
23. Tertnlnatioa and Aeeeleratioa. The entire unpaid balance of yew Credit Line Account, including
unpaid fees and Finance Charges, shall at ow option become immediately due and payable and we can
terminate yew Credit Line Account by sending you notice, if any of the following occur:
(a) You have at any time in connection with this Credit Line Account, including your application
for same, committed fraud or have made, or make at anytime, any material misrcprcscntation;
(b) Failure to make any payment under this Agreement
(c) Yow action or inaction adversely affects the collateral for the Credit Line Account or our
rights in the collateral. ?his can include, for example, failure to maintain required insurance,
waste or destructive use of the Property, failure to pay taxes, failwe to maintain adequatt
insurance for the Security, death of all persons liable on the Credit Line Aocount or the death of
any of the Borrowers if the collateral is adversely affected by such death, transfer of title or sale
of rho Property, the Property is taken through eminent domain, creation of a senior
lien on the Property without ow permission, forecloswe by the holder of a prior lien or the use
of the dwelling for prohibited purposes.
Page E
24. Suspetuioo or Reduction. In addition to any other rights we may have, (neither notice nor your
agreemrnt is required), wt can suspend additional extensions of credit or reduce your Credit Limit during
any period in which any of the following are in effect:
(a) The value of the Property declines significantly below the Property's appraised value for
purposes of this Credit Line Account. This includes, for example, a decline such that the initial
difference betwern the credit limit and the available equity is reduced by fifty percent and may
include a smaller decline depending on the individual circumstances;
(b) We reasonably believe that you will be unable to fulfill your paymrnt obligations under your
Credit Line Account due to a material change in your financial circumstances;
(c) You arc in default under any material obligations of this Credit Line Account. We consider
all of your obligations to be material. Categories of material obligations include the events
described above under paragraph 23, "Termination and Acceleration", obligations to pay fees
and charges, obligations and limitations on the receipt of credit advances, obligations concerning
mainlcnance or use of the Property, obligations to pay and perform the terms otany other deed of
trust, mortgage or lease of the Property, obligations to notify us and to provide documents or
information to us (such as updated financial information}, obligations to comply with applicable
laws (such as Zoning restrictions), and obligations of any comaker. No default will occur until we
mail or deliver a notice of default to you, so you can restore your right to credit advances;
(d} Government action prtvents us from imposing the ANNUAL PERCENTAGE RAPE
provided for under this Agreement, or impairs our security interest such that the value of the
Property is less than 120 percent of the credit line;
(e) We have bcen notified by governmental authority that continued advances may constitute an
unsafe and unsound business practice. We may charge your account for appraisal and Credit
Report fees we incur in investigating whether any condition permitting us to suspend your credit
privileges or reduce your credit limit continues to exist;
(f) The maximum Annual Percentage Rate is reached
[f your Credit Linc is suspended or terminated, you must immediately destroy all Credit Line
checks and any other access devices. Any use of checks or other access devices following
suspension or termination may be considered fraudulrnt. You will also remain liable for any
further use of such checks or other Credit Line access devices not returned to us.
25. Change ie Terms. We may make changes to the terms of this Agrcement if you agree to the change
in writing at that time, if the change will unequivocally benefit you throughout the remainder of your
Credit Line Account, or if the change is insignificant (such as changes relating to our data processing
systems).
2b. Collection Casts. If you fail to abide by any terms of this Agreement, and if we are permitted to do
so by applicable law, we may hire or pay someone else to help collect your Credit Line Account. You
will pay all reasonable collections costs, including reasonable attorney's fees incumd by us in the
collection of amounts due under this Agreement to the extent rani prohibited by applicable law. This
includes, subject to any limits under applicable law, our legal exprnses whether or not there is a lawsuit
and legal exptnses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay
of injunction), appeals, and any anticipated post judgment collection services.
27. Delay is Enforcement. Failure at any time by us to exercise any of our rights hereundtr shall not
constitute a waiver of ovr right to exercise the same at a later time.
28. Default. You will be in default under this Agreement if any of the following occurs, each of which
constitutes a breach of a material obligation of yours under this Agreement:
(a) You fail to make any payment when due or to pay any charge or fee when due;
(b) Your action or failure to act adversely affects our security for your Credit Line Account
or a right we have in the security (an attempt by any other creditor to take money or other
property of yours that is in our possession is an example of a failure to act that would
adversely affect our security or security interest);
(c) A court determines that you arc bankrupt or insolvent; or
(d) You gave or give us false or materially misleading information in connection with any
extension of credit to you under your Credit Line Account.
Page ~
29. Resuhs of Default. If you arc in default, we may lower your Credit Limit, we may refuse to make
any further advances under this Agreement, we may refuse to pay any outstanding checks that would
require us to make an additional credit advance to you, we may foreclose on the real property described
in tht Mortgage securing your Credit Line Account, we may take whatever other action is permitted
under the Mortgage, and we may exercise any and all of otu rights with respect to any other property
securing your Credit Line Accotutt. We slco may demand that you pay the full amount you owe on your
Credit Line Account immediately.
You agrst to pay any costs wt incur in collecting what you owe fol{owing your default to the extent not
prohibited by applicable law. if we have to sue you to collect what you owe, you agree to pay ow legal
fees, including wort costs to the extent not prohibited by applicable law. In addition to our other rights
and remedies under this ageemtnt and thr Mortgage, we reserve the right to honor the check or other
device used to obtain an advance without permanently raising your credit limit. If we honor the check or
other device, the amount that is more than your credit limit will be due and payable immediately.
30. CaneeUatbo by Yon. [f you cancel your right to credit advances under this Agrcemrnt, you must
notify us in writing and destroy all Credit Line checks and any other Credit Line Account access devices.
Despite cancellation, your obligations under this Agrcemrnt will remain in full force and effect until you
have paid us all amounts due under this Agreemrnt and you will coatiaue to remain liable for any
further credit advances.
3 i. Prepayment. You may make additional payments or may pay back more than the Minimum
Payment Due at any time without penalty, subJeM to Section 22 (b), except we wilt be entitled to receive
all accrued FINANCE CHARGES, and other charges, if any. Payments in txcess of your Minimum
Payment wit! not relieve you of your obligation to continue to make your Minimum Payments. Instead,
they will reduce the principal balance owed on tht Credit Line. If you mark a check, money order, or
other instrument sent in paymrnt with "Paid in Full" or with similar language, we may accept the
payment, and you will remain obligated to pay any further amount owed to us under this Agreement.
32. Notiets. All notices will be sent to your address as shown in this Agreement unless you notify us in
writing of any change in your address or name within thirty (30) days of the change. t~e-joint accounts,
notices sent to one wit! be considered notice srnt to all.
33. lotormation About You. You authorize ru to get financial information about you from third parties,
including, but not 1rmitcd to, a credit bureau, your employer, or another financial institution. You also
authorize us to disclose information about your creditworthiness and this Account to a credit bureau, our
affiliates and subsidiaries, and to others, unless expressly prohibited by applicable law. We may require a
new appraisal of the Property which secures your Credit Line at any time, including an internal
inspection, at our sole option and expense, except as provided for in paragraph 24, "Suspension or
Reduction".
34. Documentation. You agret to execute or re-execute any document that wt request in order to correct
any error or omission in the original Agreement, security instrumrnt, or other Credit Line Acwunt related
documrnts, including, but not limited to, Confirmatory or Corrective security instn-mrnts.
35. Transfer or Assignment. Without prior notice or approval from you, we reserve the right to sell or
transfer your Credit Line Account to another lender, entity, or person, and to assign our rights under the
Mortgage. Your rights under this Agreement belong to you only and may not be transfernd or assigned
Your obligations, however, art binding on your heirs and legal representatives.
36. NEGATIVE INFORMATION: We may report information about your account to credo bureaus.
Lott payments, missed payments, or other defaults on your account maybe reflected in your credit report.
37. Tax Dednetibility. You understand that Lender makes no representation or warranty whatsoever
concerning the tax consequences of this Credit Line Account, including the deductibility of inttrtst, and
that you should consult with your own tax advisor for guidance on this subject. You also ogee that
Linder shall not be liable in any manner whatsoever should the interest paid on the Credit Line Account
not be deductible.
38. Goveroiug Law. This Agreement is governed by federal law and to the cxtrnt not preempted, by the
taws of the Commonwealth of Pennsylvania. To the extent that federal law preempts start law, this
Agreemrnt is govtmed by federal law. If any provision of this Agreement conflicts with any existing or
futwe law, it shall be deemed modified to the extrnt necessary to comply with such law and the validity
of the remaining terms shall not be affected.
Page 8
39. laterpretatioB. The names given to paragraphs or sections in this Agreement are for reference
purposes only. They are not to be used to interpret or define the provision of this Ageement. You agree
that this Agreement, together with the Mortgage, is the best evidence of your agreement with us. If a
court finds that any provision of this Agreement is not valid or should not be enforced, that fact by itself
will not ratan that the rest of this Agreement will not be valid or enforced. Therefore, a court may enforce
the rest of the provisions of this Agreement even if a pmvision of this Agreement maybe found to be
invalid or unenforceable. If we go to court for any reason, we can use a copy, filmed or electronic, of any
periodic statement, this Agreement, the Mortgage, or any other document to prove what you awe us or
that a transaction has taken places The copy, microfilm, microfiche, or optical image will have the same
validity as the original. You agree that, except to the extent you can show there is a billing error, your
most currrnt periodic statement is the best evidence of your obligation to pay.
40. Ackaowledgmeat. You understand and agree to the terms and conditions in this Agreement. By
signing this Agreement, you acknowledge that you have read this Agreement, You also acknowledge
receipt of a copy of this Ageement, including the Fair Credit Billing Notice and the early Home Equity
Line of Credit application disclostve, in addition to the handbook entitled "When Your Wome Is On the
Line: 4Yhat You Should Know About Home Equity Lines of Credit;' and disclosureslnotices provided
under applicable state law; given with the application before signing the Mortgage and before using your
Credit Line Account.
if there is more than one Borrower, each is jointly and severally liable on this Ageement. This means we
can require any one of you to pay all amounts duo under this Agreement, including credit advances made
to any of you. Each Borrower authorizes any other Borrower, on his or her signature alone, to cancel the
Credit Line, to request and receive credit advances, and to do all other things necessary to carry out the
terms of this Ageemrnt. We can release any of you from responsibility under this Agreement, and the
other Dotrowers will remain responsible.
t, the undersigned, certify that you have insured the property as identified in Seaton ] 2, entitled
~liateral", against loss by fire in an amount sufficient to cover this lien and all superior liens, and that
policy includes extended coverage and has a standard mortgagee clause making loss payable to
tens Bank of Pennsylvania as its interest may appear.
i agree ii is your responsibility to keep the premises, as identified in Section l2, entitkd "Collateral",
reed in an amount at Icast equal to the replacement cast of any buildings on the property, until this
cement is paid in full.
t understand that you may purchase any required insurance through any duly licensed insurance agen
insurance company that is reasonably acceptable to us. You are not required to deal with any of our
liates when choosing an insurance agent or insurance company. Your choice of a particular insuranc
nt or insurance company will not affect our credit decision, so long as the insurance provides adequsi
erage with an insurer that meets our reasonable requirements.
documents related to insurance for this loan should be mailed to the following address:
Citizens Bank, Consumer Finance tJperations
Citizens Drive
Riverside, Rl 02915
(800)708-6680
AuthotizatioB of Payments to Third Parties
S 77,000.00 Credit Limit
Amount paid to others on my behalf
$ 844.00 Paid to HBBC/IiONTN
- S 24,419.66 Paid to CITIZI~76 BANK
- S Paid to
- S Paid to
- S Paid to
- $ Paid to
- $ Paid to
- S Paid to
- S Paid to
- S Paid to
- S Paid to
• $ Paid to
- S Paid to
- S Paid to
- S Paid to
- $ Paid to
+ $ 0.00 Amount received from borrower
- 5 0.00 Total Cees to be paid by borrower
- $ 51,737.14 UndisbursedFunds
Page 9
Disbursement Account Information:
Account Type: Check Account Number:
You understand that no loan proceeds will be disbursed until any notice of the right to cancel time period
specified has expired.
You authorized disbursements to lien creditors and to Citizrns Bank loan or tine accounts listed above
and acknowledge receipt of a filled in copy of this itemization of amount financed.
You are to make disbursements to the non-lien creditors listed above. In order to secure our lien position,
Citizens Bank is authorized to add to the principal balance; or access deposit accounts to cover any
shortage.
In the event apay-off sent to another creditor is insufficient, Citizens Bank is authorized to add to the
principal balance, or access your deposit account funds held by us to cover such shortage in order to
complete your transaction and secure our lien position. You will receive notification in the event an
additional amount is needed. This amount should not exceed 51,000.00; furthtr remedies may apply if a
greater amount is needed.
This may result in a higher final payment due.
You acknowledge that any payoff amounts referenced in the of Authorization of Payments to Third
Parties section of this Agreement were estimates basod on the balances listed on your credirbureau
report(s), or obtained from the lien creditors on your behalf.
You acknowledge that you received and read, as applicable, the Home Equity disclosure stauments
provided to you during the application process, which include /mportant Terms, fYlaen Your Home is On
the Line, Servicing Disclosure Statement, Good faith Estimate, Right to Receive a Copy of an Appraisal,
and Citizens Privacy Notice.
If there is more than one signer below, it is my/our intention that this account be a joint account.
Yon acknowledge that with your application, you provided your consent to us to check your employment
and credit history with any source and to answer questions about your credit experience with us.
READ THIS AGREEMENT BEFORE YOU SIGN. REVIEW THE AUTHORIZATION OF PAYMENTS
TO THIRD PARTIES SECTION, IN PARTICULAR ENSURE D15BURSEMENT ACCOUNT
INFORMATION iS ACCURATE. LOAN PROCEEDS WILL BE DISBURSED TO THE ACCOUNT
LISTED. DO NOT SIGN THIS AGREEMENT 1F IT CONTAINS BLANK SPACES. THE AGREEMENT
IS SECURED BY A SECOAT/ARY MORTGAGE ON YOUR REAL PROPERTY.
This Agreement is dated ~~/12/2ooe .THIS AGREEMENT IS SIGNED UNDER SEAL.
BO~ta~ t~uh~ ~ , ~. o ~ i Gt~~~~
x
sr.IZasi:xtt axn naresR
HY HBR 11?TO~tN6Y-ZR-Fl~Cr, P71MEL71 8 FISRiR
Effective Disbursement Date: iiii~i~ooe
ExxisiT ~~s~~
.~~ ~
Preuared Bye
Citizens Ba~tk
$eth Rom~n~
Retail Lending Services
4$0 Jeffertou Boderard
Warnick, Rl 028Rb
i-800-8944619
WfIEN RF,OdADE~, TiEl'QRN TO:
~'~1 ~I1 S' LOA11 r SER ~ ING
f~oo suP.~rraRav,~vrr~ srz~~av
C~.~YIZAND, Ai~O !lli~}
NATIDN~lL.1tAQDRl.1iWG- ?F,M~1
Amo~+nnod~aaFeasre~Pl~ AYml3~c~r+rst
Parcel It9#~20-18(?0->~117
Callatsral Address-
6z71V EAST STREET, CARLISLE, PA 17013
b~
~ (~~'J~ID~~
Master Mortgage Form Recorded By Citizens Bao~k at' Pennsylvania In Volume
Instrnmeut # 200747167 ~ Page '
L'UMBERLA,ND Gonnty,
Pennsylvania Records
PENNSYLVAMA
HOME EQUITY LII~TE flF CREDIT
OPE1~F-END MORTGAGE
(Securing Future Advances]
TNCOR.PORATING THE OPEN-END iVlASTER MORTGAGE FORM,
RECORDED DY CI'I IZ1EN5 BANK OF PE1rINSYLVAIVIA
MAXIMUM PRINCIPAL AMOUNT $ 77,oao.oo
KNOW AL) lv[E1~T BY THESE PRESENTS:
'1'I~at m+ I 2/12/2006 , tho mortgagor,
ELIZABETH ANN FISHER, BY HEIt ATTORNEY-iN-FACT, PAMELA E F'igNER
~I~I~IIN~Ii~U FISHER
38z~4063 PA
FIRST AMERICAN ELS
oP~I dya noarr~ac;E
pi((I~Ilnflli~HlflINfl0111l~~a~illa ~~i~i
PAMMSFOPEN OS/OS F Page 1 11!08!2006
~. ~~ ~I~1~I~~ `` II
~~~~II~1~1~
~ mocked Dl100i017Q18187.1stom
i~irst American ~~
~~
shoat address is 627 N EAST STREET, CARLISLE, PA 17013 ("Property
Address"); (hereetkr "Borrower"), is consideration of a Loan in the amount of S 77,000.00
made available by CTT7ZEN5 BANK OF PENNSYLVANIA, a Pcnnsylvaoia banking association, whose
address is 1735 Market Street, Phltadefpbis, PA 19103 {heneatber "I,.einckr"), the receipt whereof is hetaby
acknawtedged, does hereby grant, bargain, eel] and coavry to the said Linder, its successors and sssigos
foretircr, the fallowing real property., situated is the Cauaty of CI1MB1~t.LAND
in the State of Perutrytvatua ("Property") and more paeliculatiy dt:9cnbed as follows:
SEE EXHIBIT A ATTACHED HERETO ,AND BY REI~RENCE MADE A PART
H$REOF
and alt the Estate, Titic and lnttarac of the said Borrower either in taw or equity, of, iA and ev the said
premises; bogcther aridt all the privileges and appurtasanccs to rho same belangittg, and ala the retzts, issues
and profirts thereof,- to have and to hold the same to Ike only proper use of the said Lcndex, its successors and
assigns forever.
1. _,,,, ' 'ores: ]n addition io the dcfinitians oei forth is the Open-Ead Master Mortgage form refet~ertced
in Section a ltetsof', which definitions shall apply to all capitalized texras contained hercia which arc not
othtrwisc specifically defined, the following term shall have the following tneaaipg:
(e) "Nate" means the Protniasory Note or Agreement signed by Borrower, delivered tQ 1,Jender and
d~ 11/12/2008 .The Note states that Borrower owls the Lender S 77,000.00 plus interest.
Borrower prom ices to pay skis debt in rtgular Periodic Payments and to pay type debt in fall not later than
111I 712033 ,
2. TffiS is A FUTURE ADVANCE MO><tTGAGE. The tt`paymenr of which debt is evidenced by a
G~cdit Lire Agreement (the "Agreemtnt") made in favor of tha Lender by the Horsower and dated doe saint
date sa dris Sewtity [natrvnue~nt, under which the Aoxrowcs and tI-c Lender rratsonably contttnplate chat them
will bo a series of advances, payments sad rcadvancey bat which limits the agg~eg~te ~prim~cipal indebtedness
et arry time outstanding to a tttssitnum principal aanouat, etccindtng proteetive advances, a!
~ 77,000.00 including, bur sot limited to, any future advances, with interest thereon.
3. gavttocnt of Princinat_ Interest sad Orl~er CharQCS. Borraevar will pay when doe rho principal o!; and
interest on, the debt evidenced by the Notr and any prcpayrrteot chai^ges and Late charges dne nndcr the Nate.
4. Itti`glporatian of Terms and Conditions of Master M gage 1:txm cR gg~ed by Le,~der Borrower
cavonsats and Egrets that it abort be bound by tix terms, conditions and provisions act forth in tkat certain
Open-End Master Mortgage Form tt:corded in gfficiol Record in Volume
PegC , inetsve+~ene
#20b?+l?lb7 , of tkt C[lM8>rRi.ANU County {"Master Mortgage"),
TJpaxa the oCtttrrence of a dcfauh under the terms of such Master Mortgage, Lender shall be exttitled to pursue
all remedies specified in such Master Mortgage against the Harrower and the Property.
Pagt Z
Borrower has been provided with a copy of the Mamr Mtntgage from Letrder and aclQrawkdges nxe;wing it
along with this Home Equity Line of Crodit Oprn Bnd Mortgage.
5. ~ fr~nr^- '[his Security instrument is given to searre the advances made by Lender to f3orx+ower
under the Note, which Note has a maturity date of 11/ 17/2033. UPOIa the repayment io full of the
amounts advanced under the Note all accrued interest under the Note tmd all incidental anwwrts as set forth
in the Master Mortgage, shin Secarity lnstrarrteni shall be void.
5. ftEOUEST FOR NtJ'i'it~ OF DE)P'AiJI,T AND FORF.[''i A f17l7i t~TNmlrrR yrt~Tnc
IYIORTGAG)FtS OR DEEDS Old, ~ic'r' Borrower and T.~der taquaat the holder of arry gage, deed
of taunt or other encu~nabrancc with a Tien which has priority over tb~e Security Instrument to give Notice to
Ltndet's address set forW on page one of the Security Instrurraent, of any default under the superior
cncumb~rance and of arty sale or otlter foreelostrrc action_
REMAINDER Op' THIS PAGE T~ITENTIOIYALLY LEFT SLAIYK
Pago 3
IN wITNIsSS'WHERirOF, Borrower k-as exocvted this Mortgage.
SY SIGNING BELOW, Borrower accepts aad agrees t4 the terms and covenams comteined is the
Security Instntment and in any Riders} executed by Bormwer and recorded with it;
SigAet3, sealed and delivered:
ANN FISHER, BY TIER ATTO~tNHY-7N-FACT; F
GENERAL PROVISIONS ~iCOR!'dRAT$D BY REFERENCE A1VD NOT TO BE
RECORDED
SEE MASTFiR MOR'T'GAGE FORM REFERRED TO T~L>~REIN
Pagc 4
C&RTfFICATE V~ AE3TbE1VCE OF MURTGAGET
1 do hereby certify that the precise address and principal place of bttsincss of the within named
mortgagee is: 1735 Market Street,l'hiladclphia,l?.A 14103.
Citizens Back of Petmsylvania
. .
ay:
Nerve:_~ j (~ ' ~~
4
Title:
Page 5
tNbtVIt3UAL AClC V1ifLEDG~IIENT
STATE OR CtaMNfONWEALTH OF
COUNTY OF ~SS:
On the day of
before me appear ,
ELtZABETii ANN FISHER, SY HEk ATTORNEY-IN-PACT,
PAMELA E FISHER
to me personally known to be the person(s) whose names) islare
subscribed to this instrument, and such persons} acknowledged that
hefshe/they (i) executed the same for the purposes therein contained,
and (ii} executed this instrument as their free act and deed.
IM WITNESS 1NHEREOF,
(OfFcial Seal}
i • ~ •'~+VY ~ a .
~~ ~ . ~ .1y:.~:
,i
I hereunto set my han a affi
a ubl~c
~A
ANga L Oatr, IioYMy Pupgc
Da~/W Yib, CIMIOMMnd Daum
LbllaalNlgl Oq.27 2010
#IolMflas
Attention Registry of DeedslTawn or City Clerk:
Mail to: Citizens Sank
Consumer Finance Operations - RJW215
1 Citizens Drive
Riverside, R102915
ACKPA 4/05
EXHIBIT A
ALL THAT CERTAIN TRACT dF LP,ND WzTH IMPROVENSBNTS ERECTED
THEREOA7 SITUATE IN THE BOROUG~f DF CARLZSt,E, Gi3x+IBERLAND
COUNTY, PENIJ3YZ.,VANZA, $O[J1~TDFD ,AND DESCRIBED AS FOLLOWS : OAT
THE NORTH SY LOT NO. 15 ON TkiE PLAkT OF LOTS HEREII+TAF'TER
REFERRED TO, NOW OR FORMERLY OWNED BX EARL UHZ,ER; ON THE
EAST BY AN ALLEY; ON THE SOUTH BY LOT Nd. 17 OF THE ALAN OP
LOTS HEREII+TAFTER REFERRED TO, NOW OR FORMERLY OWNED BY
WILLIAM HEMPHZLL; AND ON THE WEST SY NORTH EAST STREET.
CONTAINING 38 FEET 2N FRONT ON SAID NORTH EAST STREET AND
EXTENDING IN DEPTH AT AN EVEN WIDTH 120 F}3ET TO TH8 SAID
ALLEY ON THE BAS'T', ANA HAVING THEREON ERECTED A TWO STORY
FRAME DWEI.L.~NCx HOUSE KNOWN AND NUMBERED AS 627 NORTH EAST
$TR$FsT, CARLISLE, PENNSXLVANIA 17x23. BEING ALL OF LOT NO.
16 ON THE PLAN OF LOTS LAID OUT AND KNOWN AS HENI?8850N
ADDITION, WEirCH PLAN IS TECORDED 7.N THE OFFICE OF THE
RECORDER OF DEEDS TN AND FOR SAID CUMBERLAND COUNTX rTN PLAN
BOOK NO. 2. PAGE 27, AND BEING THE SAME PREMISES WHICH PAUL
L. NELSC}N ANTS MYRTLE E_ NELSON, BY TIiEI~t DEED DATED F$SRIIAR'Y
9 , 19 S 5 AND RECORDED ON THE SAME DATED ZN Ct7MBISRUP,,~TA COII~Y
DEED BOOK 16 F 599, GRANTED AND CONVEYED TO SZ',BPHEN H.
FISHER AND MARY C. FISHER, HUSBAND AND WIFE. 5TEPHE~T J.
FISHER DIED ON AFRIL b, 1982, THUS VESTII~IG BY OPERATION OF
LAL1 AY~L ftYGHT, TITLE APtU INTEREST IN SAID REAL PI20PERTY IN
HYS SURVIVING SPOUSE, MARY C. FISHER, GRANTOR HEREIN.
BOROUGH OF CARLISLE
Perrnarien~ Parcel. Number:d`~20-1800-0117
ELIZABETH ANN FISHER, SINGLE WOMAN
627 NORTH EAST STREET, CARLISLE PA 17013
Loan Reference NL~mber ~111B2260/6017018167
First Amexiaan prder No: 39354053
3 9154 053
ROBrRT Y. ZIEGZ,ER
RECORDER OF DEEDS
CUMBERLANA CUU1rITY
1 COURTI-IOUSE SQUARE
CA~RI..ISLE, PA 17413
7l 7-2AQ-637a
lnstrgment Number - 2Q08383U9
Rernrrled O» i21]l21ib2i At y1;13:17 AM
'~ instrutRCnt'1'ypr - MOR~'GAfiE
invaicc Number - 331b47 ilser 1D - AF
"' MartgaRar - FiSNEIt, ELIZ,ctl,$~Z'$ ANN
'~ Mortgagee . CI'1'iZF;NS BANK OF PENNSYi,VANiA
~' Customer - FIRST AM~:RICAN
" FgES
STATE WRIT Tpg $0.50
STA'.t'E JCS/ACL~:SS TO $10.0D
J[7STZCE
RL'C4RDING FEES ~, $17.50
RECORDER OF DEEDS
P1-RCSL CERTTI+'ICA,TICN $10.00
~Es
AFFORDASZE HOt7SING $11_SQ
cacrrrrx x-RCKi~ras FEE $~ . as
ao~a ARCx=vES FFa $~.vo
TOTAL p,AID $54.50
* 7.`otaa Pages - 8
C~1'tlfleatlPri ~$ge
~O NOT DE'T'ACH
't'his page iS now pa~'t
of this Legal document.
I Certify this to be recorded
in Cumberland County PA
a ~, /
RECQRDER O
" - Informatipn degnfied by an :stcrisk may cheAge daring
the veriFicatGnre p~bcess and m•y n~-ft be rtflected on this page,
niuini~iwiiw
EXHIBIT "C"
EXHIBIT "C"
ALL THAT CERTAIN tract of land with the improvement erected thereon situate in the Borough of
Carlisle, Cumberland County, Pennsylvania, bounded and described as follows:
On the North by Lot No. l 5 on the Plan of Lots hereinafter referred to, now or formerly owned by
Earl Uhler; on the East by an alley; on the South by Lot No. l 7 on the Plan of Lots hereinafter
referred to, now or formerly owned by William Hemphill; and on the West by North East Street.
CONTAINING 38 feet in front on said North East Street and extending in depth at an even width
129 feet to the said alley on the East, and having thereon erected a two story frame dwelling house
known and numbered as 627 North East Street, Carlisle, Pennsylvania 17013.
BEING all of Lot No. 16 on the Plan of Lots laid out and known as "Henderson Addition," which
plan is recorded in the Office of the Recorder of Deeds in and for said Cumberland County in Plan
Book No. 2, page 27.
BEING THE SAME PREMISES which Mary C. Fisher, widow, by deed dated November 10, 1993,
and recorded with the Cumberland County Recorder of Deeds Office on November 12, l 993, in
Book Q36, page 301, granted and conveyed unto Elizabeth Ann Fisher.
BEING KNOWN AS: 627 N. East Street, Carlisle, PA 17013
BEING PARCEL NO. 02-20-1800-1 17
-6-
EXHIBIT "D"
THE LAW OFFICES OF
LAUREN BERSCHLER KARL, LLC
Ibkarl i~.lhkarlla~i.com Park Building licensed in PA and N1
355 Fifth Avenue, Suite 400
Pittsburgh, PA 15222
412-232-0808
Fax:412-232-0773
May 11, 20 l 0
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 (HEMAPI may
be able to help to save your home. This Notice explains how the program works.
To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING
AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. T_ake_this Notice with you when
you meet with the Counseling Agency.
'The name, address and phone number of Consumer Credit Counseling Agencies servingyouur County are
listed at the end of this Notice. If you have andquestions, oy u may cal{ the Pennsylvania Housing Finance
Agency toll free at 1-800-342-2397. persons with impaired hearing can call (717) 780-1869)
FisherAct93 051110
Page 2
This Notice contains important legal information. If you have am~ questions, representatives at the
Consumer Credit Counseling Agency may be able to help explain it. You may also ~~~ant to contact an
attorney in your area. The local bar association may be able to help you find a IaH~yer.
LA NOTIFICACION EN ADJUNTU ES DE SUMA IMPORTANCIA. PUSS AFECTA SU DERECHO A
CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA
NOTIFICACIUN OBTENDG UNA TRADUCCION 1NMEDITAMENTE LLAMANDO ESTA AGENCIA
(PENNSYLVANIA HOUSING FINANCE AGENCY) S1N CARGOS AL NUMBERO MENCIONADO
ARRIBA. PUEDE SER ELIGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO
'`HOMEON~NER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL COAL PUEDE SALVAR
SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA.
HOMEOWNER'S NAME(S):
PROPERTY ADDRESS:
LOAN ACCOUNT N'O.
ORIGINAL LENDER:
CURRENT LENDERISERVICER
ALSO SENT TO:
ELIZABETH ANN FISHER
627 N. EAST STREET
CARLISLE, PA 17013
6017018187/02525PA 10
CITIZENS BANK OF PENNSYLVANIA
CITIZENS BANK OF PENNSYLVANIA
PAMELA E. FISHER, POWER OF ATTORNEY
FOR ELIZABETH ANN FISHER
627 N. EAST STREET
CARLISLE. PA 1701
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH
CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU
MAKE FUTURE MORTGAGE PAYMENTS
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY
MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR
EMERGENCY MORTGAGE ASSISTANCE:
• IF YOUR DEFAULT HAS BEEN CAUSE 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 B1' THE
PENNSYLVANIA HOUSING FINANCE AGENCI'.
I ishcr Act91 0~ 1 I I(i
Page 3
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 THE
NEXT (33) DAYS OF THE DATE OF THIS NOTICE. 1F 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 YOU MORTGAGE UP TO DATE.
CONSUMER CREDIT COUNSELING AGENCIES - if you meet ~+ ith one of the consumer credit
counseling agency lists 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 number of designated consumer credit
counseling agencies for the county in which the~roper-ty is located are set forth at the end of this Notice It is
only necessar}~ to schedule one fact-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 follo~~~ing pages for specific information about the nature of your default). You have the
right to apply for fiinancial 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 ~~~ith ~~~ithin 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 HA VE A MEETING
WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE
AND FILE ANAPPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE
LENDER WILL BE TEA~PORARILY PREVENTED FROM STARTING A FORECLOSURE AGA]NST
POUR PROPERTY, AS EXPLAINED ABOVE, JN THE SECTION CALLED "TEMPORARYSTAY OF
FORECLOSURE. "
YOU HA VE 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 YOUAPPLICATION IS EVENTUALLYAPPROVED 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 (b0) 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 Agenc}~ of its decision on yow• 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
A DEBT.
(If you have filed bankruptcy you can still apply for I~mergency Mortgage Assistance.)
r~sne~ A~r~~i os i i ~ u
Page 4
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: 627 N. EAST STREET, CARLISLE, PA 17013
1S SERIOUSLY IN DEFAULT because:
YOLI HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS far the following months and the
following amounts are now past due, as set forth below:
Principal and Interest (overdue
from 12/17/09 through 04/]7!10)
1 payment at $176.47 $ 176.47
2 payments at $182.3 S 364.70
l payment at $164.70 164.70
1 payment at $182.35 182.35
Late Charges 54.49
Annual Fee 25.00
Total amount of Delinquency $ 967.71
Additionally, another total payment of approximately 5184.70 becomes due on May 17, 2010.
HOW TO CURE THE DEFAULT -You may cure the default within THIR"I'Y (30) DAYS of the
date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER,
WHICH IS $967.71, PLUS ANY ADDITIONAL MONTHLY PAYMENTS AND ANY 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 to CITIZENS
BANK OF PENNSYLVANIA and sent to:
Lauren B. Karl, Esquire
Park Building
3SS Fifth Avenue, Suite 400
Pittsburgh, PA 15222
412-232-0808
4 ] 2-232-0773-fax
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 month]}~ installments. If fu{1
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 mortgage property.
1 ishcr Act91.OS 111O
Page 5
IF THE MORTGAGE IS FORECLOSED UPON -The mortgage 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 incun•ed, 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 personall}~ for the unpaid principal
balance and al] 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 Sheriff s Sale.
You may do so by paying the total amount then past due. plus anv late or other charges then due
reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected
with the Sheriff's Sale as specified in writing by the lender and by performin anv other requirement
under the mort~aQe. Curing your default in the manner set forth in this notice wilt 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
Sheriff's Sale of the mortgage property could be held would be approximately 6 months from the
date of this Notice. A notice of the actual 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 or action will be by contacting the ]ender.
HOW TO CONTACT THE LENDER:
Name of Lender: Citizens Bank of Pennsylvania
Address: 10561 Telegraph Road, Glen, Allen, VA 23059
Phone Number: 804- 627-4240
Fax Number: 804-b27-5753
Contact Person: William P. Kempf
E-Mail address: ~~ illiam.p.l:empl'ri ccomc~rl~~a~~e.rom
EFFECT OF SHERIFF'S SALE -You should realize that a Sheriff s Sale will end your ownership
of the mortgaged property and yow' right to occupy it. If you continue to live in the property after the
Sheriff s Sale. a ]a~~~suit to remove you and your furnishings and other belongings could be started 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 ~~i11 assume the mortgage debt. provided that al] 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.
I~iShcrAct91 U51IIfl
Page 6
1'OU MAY ALSO HAVE THE RIGHT:
F TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT
OR TO BORROVI' MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF
T}-IIS DEBT.
TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR
BEHALF.
• TO HAVE T'HE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO
DEFAULT HAD OCCURRED. IF YOU CURF, "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 1JNDER THE FEDERAL BANKRUPTCY LAW.
CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY
CCCS of Western PA
2000 Linglestown Road
Harrisburg, PA 17102
888.51 1.2227
Community Action Commission of Captial Region
1514 Derry Street
Harrisburg. PA 17104
717.232.9757
Maranatha
43 Philadelphia Avenue
Waynesboro. PA 17268
717.762.3285
PA Interfaith Communih~ Programs Inc
40 E High Street
Gettysburg, PA 17325
717.334.1518
Fisher Act9LU51 110
Page 7
PHFA
21 1 North Front Street
Harrisburg; PA 171 10
717.780.3940
800.342.2397
Sincerel ~,
A
BY: r ~
AIJREN ERSCHL R KARL
LE3K/jes
Encl~isure
Fisher nct91.(151 110
Page 8
NOTICE PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT
This communication is from a debt collector. This is an attempt to collect a debt and any
information obtained will be used for that purpose.
2. Unless you dispute the validity of this debt or any portion thereof, within 30 days after receipt
of this notice. the debt will be assumed to be valid by our offices.
If }you notify our offices in writing within 30 days of receipt of this notice that the debt. or any
portion thereof is disputed, our offices will provide you with verification of the debt or a copy
of the Judgment against you and a copy of such verification or judgment will be mailed to you
by our offices.
If you make a written request for it within 30 days hereof, I ~~~ill also send you the name and
address of the original creditor. if different from Citizens Bank of Pennsylvania.
~ ~sn<<n~~yi o~i i i~,
N ~. ~ c .,
m
m
, -
~ Postage S CY~`~A FOUR
~ r
`.0 Certified Fee ~~' 4F ~~ ~ .
!c- ~ .
~ Retum Receipt Fee ~ P lt1
~ (Endorsement Required) }- ~~ t(~ y
O Restricted DeNvery Fee ~O' 2~1 r ~
(Endorsement Required) _
~ V.4 ~~
~ Total Postage aF Fees ,~
R1 '
RJ
ant o ' ~
Q' i
//~~ //~~,,~~ ~~.~
~ Sfreet, Apt l o.; }~~ n
1
O or PD box No. dGt ~ C ~ _.._~S ~ J~~
~ ~lry tate~~IPN. -.. ..--- .... .. ...._..
,~_~
~~ a mn ~11r) eY+[:l~.x~t :~lr7i _.- .. _ .__ ova ;~~ ?rr G}3?-u3Dtx~
tti
r~ •.
r`
~
.~ Postage S ~ PR Fpl/
0 9~,
Certified Fee f `~ ~.
~ R
t
R
i
t F !
0 um
ece
p
e
ee
(Endorsement Required) Here
~ ~ ~ ~
~ Restricted Delivery Fee
(Endorsement Required) 2Q~ ~ ,. y
O
~
Total Postage & Fees
$ }.
~P~
fU
~ ant o } ~Z..~i~Y'
~ or PO Box No.. ~.~..! ~ .~!_._~:~~ ~_ ~-?
e r .l>.1~.,`~t'3~~1~ __ . _. _._._:..:. _ a `33"x 3ti7~a 7~7 b~'A*v
SHERIFF'S C)FFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
~b~i~tn at Lutnbt~,l~~D
~' r' `~`
_ ,,_ .,, ,
~JF~F14~ ~,:.,~~ s~~r~(~F
~r~ ;
: -f,;_;y
.~, ~ t
~~-,~ ,
tr ~~ ~~
ZOt~ .~~.,~ ;,...~ ~ J.i
g•
33
Jul. 2l~ .
~I~
`
,,~~
~
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
Citizens Bank of Pennsylvania
vs.
Elizabeth Ann Fisher
Case Number
2010-4549
SHERIFF'S RETURN OF SERVICE
07/22/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search
and inquiry for the within named defendant to wit: Elizabeth Ann Fisher, but was unable to locate her in
his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant
Elizabeth Ann Fisher. Request for service at 627 N. East Street, Carlisle, PA 17013 is vacant. The
Carlisle Postmaster has confirmed Elizabeth Ann Fisher has moved and left no forwarding address.
SHERIFF COST: $38.40
July 22, 2010
SO ANSWERS,
RON R ANDERSON, SHERIFF
(c} CountySuito Sheriff. Teleosoff, Inc.
~r i
TH '' LAW OFFICES OF LAUREN BERSCHLER KARL, LLC
Laur n Berschler Karl, Esquire
Iden fication No. 88209
Park uilding Attorneys for Plaintiff
355 fifth Avenue, Suite 400
Pitts Burgh, PA 15222
Pho ~: (412) 232-0808
Fax: ;(412)232-0773
S BANK OF PENNSYLVANIA
Plaintiff,
v.
ELI~ABETH ANN FISHER
', Defendant.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO.: 10-4549-CIVIL
PRAECIPE TO DISCONTINUE WITHOUT PREJUDICE
TO TI HE PROTHONOTARY:
~; Pursuant to Pa.R.C.P. 229, mark the above-captioned action discontinued
prej~di
Respectfully submitted,
THE LAW OFFICES OF
LAUREN BERSCHLER KARL, LLC
N,-(~lJ~
BY: C~
auren Bersc er Karl, Esquire
Attorney for P aintiff
October 18, 2010
,~t.~f~3C~`l ~J1~N38~11~°a
~ °~ ~ ~ ~d oz ~~~ ~~~~