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HomeMy WebLinkAbout11-5059THE 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, V. KATHLEEN L. RUSSELL 1389 Lowther Road Camp Hill, PA 17011 Defendant. C) C-) "I COURT OF COMMON PLEAS cl CUMBERLAND COUNTY 1. l Yl t--- NO : l I' SO S9 +o . - .> ? CD CD -n -°? .X) 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 Russell. Complaint.Cumberland &IS GtAj -% 901. co pd aI'.j ct-9 a?7Y 12-4(1 Pleb -sue 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, V. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: KATHLEEN L. RUSSELL 1389 Lowther Road Camp Hill, PA 17011 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, Kathleen L. Russell, is an adult individual who is believed to reside at 1389 Lowther Road, Camp Hill, PA 17011. 3. Defendant, Kathleen L. Russell, ("Defendant"), is the owner of record of a certain parcel of residential real estate located in Cumberland County known by the following street address: 1389 Lowther Road, Camp Hill, PA 17011 (the "Property"). 4. On April 13, 2009, Defendant executed a Home Equity Line of Credit Agreement, open-ended, in the original principal amount of $110,000.00 (the "Note"). A true and correct copy of the Note is attached hereto as Exhibit "A." Russell. Comp I aint. Cumberland 5. The Note was secured by a mortgage granting a lien upon the Property (the "Mortgage"), made, executed and delivered to Citizens on April 13, 2009, by Defendant and was duly recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania on April 30, 2009, as set forth as Instrument No. 200913892. A true and correct copy of the Mortgage is attached hereto as Exhibit "B." 6. The full legal description of the Property is set forth in Exhibit "C" which is I attached hereto and incorporated herein by reference. 7. Monthly payments have not been tendered as required under the terms of the Note and Mortgage. 8. 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 8, 2011: Principal $106,495.59 Accrued interest (through 06/08/11) 3,376.06 Accrued late charges 140.84 Annual Fee 25.00 BPO/Appraisal 400.00 Title Reports 485.00 Attorneys fees 5,324.78 Attorneys costs 250.00 TOTAL REAL DEBT $ 116,497.27 Interest continues to accrue at the per diem rate of $11.64. Russell. Complaint.Cumberland 10. On May 2, 2011, 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 Certificate of Mailing attached hereto and incorporated herein as Exhibit "D." WHEREFORE, Plaintiff, Citizens Bank of Pennsylvania, demands Judgment in Mortgage Foreclosure in its favor and against Defendant, Kathleen L. Russell, in the amount of $116,497.27, plus continuing interest at the per diem rate of $11.64, from June 8, 2011, 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: I L uren Ber chler Karl, Esquire Attorneys fo Plaintiff, Citizens Bank of Pennsylvania Date: June 17, 2011 Russell. Complaint. Cumberland VERIFICATION 1, Cheryl D. Cox, 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. Date: 6//9 / t CITIZENS BANK OF PENNSYLVANIA 1 By: e?y_ CHERYL .COX Russell. Com plaint. Cumberland 11aNDUN note Citizens Bank SECONDARY MORTGAGE LOAN HOME EQUITY LINE OF CREDIT AGREEMENT Borrower(s): KATltLSaN L RUSSELL Lender: Citizens Bank of Pennsylvania 1735 Market Street Philadelphia, PA 19103 Date of Agreement: 04/13/2009 This HOME EQUITY LINE OF CREDIT AGREEMENT ("Agreement") contains the terms which govern your line of credit (the "Credit Line" or the "Credit Line Account") issued through Citizens Bank of Pennsylvania and hereafter referred to as "Citizens Bank". The Agreement sets forth the terms under which Citizens Bank 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 all 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," "our," 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 advances made by us under the terms of this Agreement, any other charges, and FINANCE CHARGES due, together with all costs and expenses for which you are 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 your Credit Line will begin as of the date of the Agreement ("Opening Date") and will 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 your Credit Agreement will begin on a date, after the Opening Date, when the Agreement 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 (10) years, subject to the terms and conditions of this Agreement. You may obtain credit advances during the "Draw Period" not to exceed, at any time, the credit limit of your line of credit, which is $110 , 000.00 and more fully described in paragraph 5, "Credit Limit". After the Draw Period ends, the Repayment Period will begin; and you will no longer be able to obtain credit advances. The length of the Repayment Period is Fifteen (15) Years. The end of the Fifteen (15) Years is known as the "Maturity Date". You agree that, at our discretion, we may 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 will be due monthly and will equal the finance charges that accrued on the outstanding principal balance during the preceding billing period, plus insurance premiums (if any), all other charges and any amount past due. The Minimum Payment will not reduce the principal that is outstanding on your Credit Line Account. This option will result in greater expenses over the life of the Credit Line Account. O Option Two: 2% of the balance - Under this option, your payments will be due monthly and will equal 2% 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 $20.00 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 1. You must ask us in writing at least 15 days before the start of the billing cycle in which you want to change your Draw Period Payment Option. 111111111 04/11/2009 pelFloorPPP_P Rev 08/08 F 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, (ii) 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) we, 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 outstanding balance over 15 years (the "repayment period'). During the repayment period, payments will be due monthly. Your minimun monthly payment will equal 1/1 80th 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 that finance and other charges will not accrue, however, the Lender may delay for a reasonable time the availability of the funds until Lender has had an opportunity to confirm the validity of the payment. 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 enough to insure receipt by us on the Payment Due Date. I 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 most current. Payment's 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 Due 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 revolving line of credit for $ 110, 000. oo which will be your "Credit Limit" under this Agreement. This is the maximum credit that is to be extended to you. It the Credit Limit is exceeded, you will be in default of a material obligation under this Agreement and the provisions of paragraph 7, "Limitations on Use of Checks" will apply. You may borrow against the, Credit Line, repay any portion of the amount borrowed, and re-borrow 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 i Account balance exceed your Credit Limit. Your Credit Limit will not be increased should you overdraw your Credit Line Account. If you exceed your Credit Limit, you agree to repay immediately the amount by which your Credit Line Account exceeds your Credit Limit, even if we have not yet billed you. 6. How to Use the Credit Line. 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 purpose will not be honored. Each check you write will be 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 as a check advance. Credit Line checks will not be certified by us and you agree that we may retain the actual checks written by you, and need 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 will not be followed by us. However, any one of you may cancel your Credit Line under paragraph 30, "Cancellation by You". Page 3 7. Limitations on Use of Checks. We reserve the right not to honor Credit Line checks in the following circumstances: (a) Your Credit Limit has been, or would be, exceeded by paying the check. (b) Your check is post-dated. If a post-dated check is paid and as a result 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 below. (e) Your Credit Line has been terminated or suspended as provided in this Agreement or could be if we paid the check. (f) You are 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 of the check. The check itself will be evidence of your debt to us together with this Agreement. Our 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. 8. 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 (b) signs this Agreement. 9. Stop Payments. We do not honor stop payment orders for checks drawn against your Credit Line Account. You therefore should not use your Credit Line Account if you anticipate the need to stop payment. You agree that we will have no liability to you or to any other parry because we do not honor stop payment orders. 10. Lost Checks. If you lose your checks or someone is using them without your permission, you agree to notify us immediately. The fastest way to notify us is by calling us at (800) 922-9999. You also can notify us at Citizens Bank, Consumer Loan Servicing, 1 Citizens Drive, Riverside, RI 02915 11. Charges to Your Credit Line. We may charge your 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. In addition, we may charge your Credit Line for funds required for continuing insurance coverage as described in the paragraph 13, "Insurance" or as described in the Mortgage. We may also, at our option, charge your Credit Line to pay any costs or expenses to protect or perfect our security interest in your dwelling. These costs or expenses include, without limitation, payments to cure defaults under any existing liens on your dwelling. If you do not pay your property taxes, we 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 dated 04/13/2009 to us on property located in eosmsnr.Mu County, State or Commonwealth of Ps , (the "Property"). We have the right, but are not required to take such action as is necessary to protect our Security Interest described in this paragraph. Any amounts we may pay in exercising our right to protect our Security Interest must be paid by you on demand, and will bear interest at the Annual Percentage Rate then applicable to your account. IMPORTANT NOTICE ABOUT YOUR REAL PROPERTY COLLATERAL: If the deed 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 your deed. If your deed contains more than one parcel of land and you do not want to pledge all of them as security for your loan you should contact your legal representative. 13. Insurance. You must obtain insurance on the Property securing this Agreement through any company of your choice that is reasonably satisfactory to 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 mortgagee on all required insurance policies. The insurance you maintain must provide for Ten (10) 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 interest, 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 the Property required by the Lender, the Borrower understands and agrees 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 Agreement (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 obtained and maintained by the Lender may (i) only protect the interests of the Lender and any other creditor with a prior mortgage on the Property, and (ii) be more expensive than insurance obtained and 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 or 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 hereby assign, convey, 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 held jointly with someone else and all 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. I IS. Periodic Statements. We will send you a periodic statement for all check advances made under this Agreement during the Draw Period and for all monthly payments due during the Repayment Periods 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 Payment you must make for that billing period and the Payment Due Date. All periodic statements shall conclusively be considered to be correct and accepted by you unless we are 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 proceeds. 17. Method Used to Determine the Balance on Which the FINANCE CHARGE Will Be Computed. 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 your 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 all 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. 18. How You May Compute the Finance Charges On Your Line of Credit Account. 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 the number of days in the billing cycle. This figure is the FINANCE CHARGE assessed for the billing cycle. 1 19. Periodic Rate and Corresponding ANNUAL PERCENTAGE RATE. We will determine the' Periodic Rate and the corresponding ANNUAL PERCENTAGE RATE as follows. We start with an independent index, (the "Index"), which is The Wall Street Journal 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 Index will have an historical movement similar to the original Index and margin, and the new Index and margin will 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 Rate that will apply to your Credit Line Account, we add a margin to the value of the Index, 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 PERCENTAGE 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 18-0001/6. 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. In 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 Index is3.25 % per annum. Based on that Index 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 your 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. Margin Added ANNUAL Daily Periodic 0.740 3.99000% 0.01093% 20. Conversion Option. 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 be fixed during the entire Repayment Period and will be equal to 2%2 % 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%. In the event the Prime Rate is published as a range of rates, then the lowest rate published shall be the Index. If The Wall Street Journal ceases publication of the Prime Rate we may 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 Charge 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. There is no Annual Fee for the first year. Thereafter, a non-refundable Annual Fee of $50 will be charged to your Credit Line Account on each anniversary of your Credit Line, during the Draw Period. We will lower your Annual Fee by $25.00 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, a non-refundable Annual Fee of $50.00 will be charged to your Credit Line Account on each Anniversary of your Credit Line Account, during the Draw Period thereafter. 22 (a). Late Charges. Depending on the state or commonwealth identified above, your late fee will be calculated as follows: Your payment will be late if it is not received by us within 15 days of the "Payment Due Date" shown on your periodic statement. If your payment is late, we may charge you 5.000% of the payment or $20.00, whichever is less. 22 (b). PREPAYMENT: If you pay off the entire balance and close your line of credit account before the due date, you will not have to pay a fee. 23. Termination and Acceleration. The entire unpaid balance of your Credit Line Account, including unpaid fees and Finance Charges, shall at our option become immediately due and payable and we can terminate your 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 misrepresentation; (b) Failure to make any payment under this Agreement; (c) Your action or inaction adversely affects the collateral for the Credit Line Account or our rights in the collateral. This can include, for example, failure to maintain required insurance, waste or destructive use of the Property, failure to pay taxes, failure to maintain adequate insurance for the Security, death of all persons liable on the Credit Line Account or the death of any of the Borrowers if the collateral is adversely affected by such death, transfer of title or sale of the Property, the Property is taken through eminent domain, creation of a senior lien on the Property without our permission, foreclosure by the holder of a prior lien or the use of the dwelling for prohibited purposes. Page 6 24. Suspension or Reduction. In addition to any other rights we may have, (neither notice nor your agreement is required), we can suspend additional extensions of creditor reduce your Credit Limit during any period in which any of the following are in effect: i (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 between the credit limit and the available equity is reduced by fifty percent and may include a smaller decline depending on the individual circumstances; i (b) We reasonably believe that you will be unable to fulfill your payment obligations under'your Credit Line Account due to a material change in your financial circumstances; I (c) You are 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 maintenance or use of the Property, obligations to pay and perform the terms of any 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; i (d) Government action prevents us from imposing the ANNUAL PERCENTAGE RATE ' 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 been 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; (0 The maximum Annual Percentage Rate is reached. If your Credit Line 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 I suspension or termination may be considered fraudulent. You will also remain liable for any further use of such checks or other Credit Line access devices not returned to us. i 25. Change to Terms. We may make changes to the terms of this Agreement 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). 26. Collection Costs. 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 incurred by us in the collection of amounts due under this Agreement to the extent not prohibited by applicable law. This includes, subject to any limits under applicable law, our legal expenses whether or not there is a lawsuit and legal expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay of injunction), appeals, and any anticipated post judgment collection services. 1 27. Delay in Enforcement. Failure at any time by us to exercise any of our rights hereunder shall not constitute a waiver of our 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 are 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 7 29, Results of Default. If you are 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 the 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 our rights with respect to any other property securing your Credit Line Account. We also may demand that you pay the full amount you owe on your Credit Line Account immediately. You agree to pay any costs we incur in collecting what you owe following 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 our legal fees, including court costs to the extent not prohibited by applicable law. In addition to our other rights and remedies under this agreement and the 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. Cancellation by You. If you cancel your right to credit advances under this Agreement, 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 Agreement will remain in full force and effect until you have paid us all amounts due under this Agreement and you will continue to remain liable for any further credit advances. 31. Prepayment. You may make additional payments or may pay back more than the Minimum Payment Due at any time without penalty, subject to Section 22 (b), except we will be entitled to receive all accrued FINANCE CHARGES, and other charges, if any. Payments in excess of your Minimum Payment will not relieve you of your obligation to continue to make your Minimum Payments. Instead, they will reduce the principal balance owed on the Credit Line. If you mark a check, money order, or other instrument sent in payment 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. Notices. 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. On joint accounts, notices sent to one will be considered notice sent to all. 33. Information About You. You authorize us to get financial information about you from third parties, including, but not limited 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 agree to execute or re-exccute any document that we request in order to correct any error or omission in the original Agreement, security instrument, or other Credit Line Account related documents, including, but not limited to, Confirmatory or Corrective security instruments. 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 transferred or assigned. Your obligations, however, are binding on your heirs and legal representatives. 36. NEGATIVE INFORMATION: We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report. 37. Tax Deductibility. You understand that Lender makes no representation or warranty whatsoever concerning the tax consequences of this Credit Line Account, including the deductibility of interest, and that you should consult with your own tax advisor for guidance on this subject. You also agree that Lender shall not be liable in any manner whatsoever should the interest paid on the Credit Line Account not be deductible. 38. Governing Law. This Agreement is governed by federal law and to the extent not preempted, by the laws of the Commonwealth of Pennsylvania. To the extent that federal law preempts state law, this Agreement is governed by federal law. If any provision of this Agreement conflicts with any existing or future law, it shall be deemed modified to the extent necessary to comply with such law and the validity of the remaining terms shall not be affected. Page 8 39. Interpretation. 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 Agreement. 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 mean 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 provision of this Agreement may be 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 owe us or that a transaction has taken place. 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 current periodic statement is the best evidence of your obligation to pay. 40. Acknowledgment. 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 Agreement, including the Fair Credit Billing Notice and the early Home Equity Line of Credit application disclosure, in addition to the handbook entitled "When Your Home Is On;the Line: What You Should Know About Home Equity Lines of Credit," and disclosures/notices provided under applicable state law; given with the application before signing the Mortgage and before usingiyour Credit Line Account. If there is more than one Borrower, each is jointly and severally liable on this Agreement. This means we can require any one of you to pay all amounts due 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 Agreement. We can release any of you from responsibility under this Agreement, and the other Borrowers will remain responsible. t, the undersigned, certify that you have insured the property as identified in Section 12, entitled illateral", 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 zens Bank of Pennsylvania as its interest may appear. I i agree it is your responsibility to keep the premises, as identified in Section 12, entitled "Collateral", Lred in an amount at least equal to the replacement cost of any buildings on the property, until this cement is paid in full. i understand that you may purchase any required insurance through any duly licensed insurance agem 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 insuranct nt or insurance company will not affect our credit decision, so long as the insurance provides adequat emge 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 Operations 1 Citizens Drive Riverside, RI 02915 (800)708-6680 Authorization of Payments to Third Parties 4 ttn.nnn nn r-4;#r:...:, Amount paid to others on my behalf $ 90,506-34 Paid to CITIZENS SAM S Paid to S Paid to S Paid to S Paid to S Paid to $ Paid to $ Paid to S Paid to $ Paid to $ Paid to S Paid to S Paid to S Paid to S Paid to S Paid to + S 0.00 Amount received from borrower $ 0.00 Total fees to be paid by borrower $ 19,493.66 Undisbursed Funds 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 Citizens Bank loan or line 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 a pay-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 $ 1,000.00; further 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 based on the balances listed on your credit bureau report(s), or obtained from the lien creditors on your behalf. You acknowledge that you received and read, as applicable, the Home Equity disclosure statements provided to you during the application process, which include Important Terms, When 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. You 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 DISBURSEMENT ACCOUNT INFORMATION IS ACCURATE. LOAN PROCEEDS WILL BE DISBURSED TO THE ACCOUNT LISTED. DO NOT SIGN THIS AGREEMENT IF IT CONTAINS BLANK SPACES. THE AGREEMENT IS SECURED BY A SECONDARY MORTGAGE ON YOUR REAL PROPERTY. Effective Disbursement Date: o4/17/20o9 This Agreement is dated 04/13/2009 . THIS AGREEMENT IS SIGNED UNDER SEAL. I a % 1j Prepared By: Citizens Bank Beth Romano Retail Lending Services 480 Jefferson Boulevard Warwick, RI 02886 1-800-8944619 RN- r To: z s nk Cons r Loan Operations - RJW215 1 Ciizens ive Riverside, 02915 23 Parcel 1D4a23-0545-j2l8-9ffiMfi Collateral Address: 1389 LOWTHER ROAD, CAMP HILL, PA 17011 Master Mortgage Form Recorded By Citizens Bank of Pennsylvania In Volume Page Instrument # 200747167 , CUMBERLAND County, Pennsylvania Records PENNSYLVANIA HOME EQUITY LINE OF CREDIT {I?? OPEN-END MORTGAGE l (Securing Future Advances) INCORPORATING THE OPEN-END MASTER MORTGAGE FORM RECORDED BY CITIZENS BANK OF PENNSYLVANIA MAXIMUM PRINCIPAL AMOUNT $ I lo,ooo.oo KNOW ALL MEN BY THESE PRESENTS: That on 04/13/2009 , the mortgagor, KATHLEEN L RUSSELL ?I .l Illiii?9l ff.a?NliuiAii?ll Po,.Y 04/11/2009 11111 First An"can FX 11596619 whose address is 1389 LOWTHER ROAD, CAMP HILL, PA 17011 ("Property Address"); (hereafter "Borrower"), in consideration of a loan in the amount of $ 110,000.00 made available by CITIZENS BANK OF PENNSYLVANIA, a Pennsylvania banking association, whose address is 1735 Market Street, Philadelphia, PA 19103 (hereafter "Lender"), the receipt whereof is hereby acknowledged, does hereby grant, bargain, sell and convey to the said Lender, its successors and assigns forever, the following real property, situated in the County of CUMBERLAND in the State of Pennsylvania ("Property") and more particularly described as follows: SEE EXHIBIT A ATTACHED HERETO AND BY REFERENCE MADE A PART HEREOF and all the Estate, Title and Interest of the said Borrower either in law or equity, of, in and to the said premises; together with all the privileges and appurtenances to the same belonging, and all the rents, issues and profits thereof; to have and to hold the same to the only proper use of the said Lender, its successors and assigns forever. 1. Definitions: In addition to the definitions set forth in the Open-End Master Mortgage form referenced in Section 4 hereof, which defmitions shall apply to all capitalized terms contained herein which are not otherwise specifically defined, the following term shall have the following meaning: (a) "Note" means the Promissory Note or Agreement signed by Borrower, delivered to Lender and dated 04/13/2009 . The Note states that Borrower owes the Lender $ 110,000.00 plus interest. Borrower promises to pay this debt in regular Periodic Payments and to pay the debt in full not later than 04/17/2034 . 2. THIS IS A FUTURE ADVANCE MORTGAGE. The repayment of which debt is evidenced by a Credit Line Agreement (the "Agreement") made in favor of the Lender by the Borrower and dated the same date as this Security Instrument, under which the Borrower and the Lender reasonably contemplate that there will be a series of advances, payments and readvances but which limits the aggregate principal indebtedness at any time outstanding to a maximum principal amount, excluding protective advances, of $ 110,000.00 including, but not limited to, any future advances, with interest thereon. 3. Payment of Principal. Interest and Other Charges. Borrower will pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. 4. Incorporation of Terms and Conditions of Master Mortgage Form Recorded by Lender. Borrower covenants and agrees that it shall be bound by the terms, conditions and provisions set forth in that certain Open-End Master Mortgage Form recorded in Official Record in Volume Page Instrument #200747167 , of the CUMBERLAND County ("Master Mortgage"). Upon the occurrence of a default under the terms of such Master Mortgage, Lender shall be entitled to pursue all remedies specified in such Master Mortgage against the Borrower and the Property. Page 2 Borrower has been provided with a copy of the Master Mortgage from Lender and acknowledges receiving it along with this Home Equity Line of Credit Open End Mortgage. 5. Defeasance. This Security Instrument is given to secure the advances made by Lender to Borrower under the Note, which Note has a maturity date of 04/17/2034 . Upon the repayment in full of the amounts advanced under the Note, all accrued interest under the Note and all incidental amounts as set forth in the Master Mortgage, this Security Instrument shall be void. 6. REQUEST FOR NOTICE OF DEFAULT AND FORECLOSURE UNDER SUPERIOR MORTGAGES OR DEEDS OF TRUST Borrower and Lender request the holder of any mortgage, deed of trust or other encumbrance with a lien which has priority over the Security Instrument to give Notice to Lender's address set forth on page one of the Security Instrument, of any default under the superior encumbrance and of any sale or other foreclosure action. REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK Page 3 IN WITNESS WHEREOF, Borrower has executed this Mortgage. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in the Security Instrument and in any Rider(s) executed by Borrower and recorded with it. Signed, scaled and delivered: THLEEN L RUSSELL GENERAL PROVISIONS INCORPORATED BY REFERENCE AND NOT TO BE RECORDED SEE MASTER MORTGAGE FORM REFERRED TO HEREIN Page 4 CERTIFICATE OF RESIDENCE OF MORTGAGEE I do hereby certify that the precise address and principal place of business of the within named mortgagee is: 1735 Market Street, Philadelphia, PA 19103. Citizens Bank of Pennsylvania By: Name: .? ?S! L'? (?r*L, at/Q Title: IG?C?I?} v?Gl /16? Page 5 INDIVIDUAL ACKNOWLEDGMENT STATE OR COMMONWEALTH OF COUNTY OF C(j rn bZ C ?CA 11 )SS: On the day of kri G , before me appeared KATHLEEN L RUSSELL to me personally known to be the person(s) whose name(s) is/are subscribed to this instrument, and such person(s) acknowledged that he/she/they (i) executed the same for the purposes therein contained, and (ii) executed this instrument as their free act and deed. IN WITNESS WHEREOF, (Official Seal) r '- J08NA LG~Aftn Attention Registry of Deeds/Town or City Clerk: : Citizens Bank Consumer Finance Operations - RJW215 1 Citizens Drive Riverside, RI 02915 I hereunto set my hand and official seal. i ---- ary Public ACKPA 4/05 EXHIBIT A ALL THAT CERTAIN LOT OF GROUND SITUATE IN THE TOWNSHIP OF LOWER ALLEN, COUNTY OF CUMBERLAND AND STATE OF PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT ON THE SOUTHERLY LINE OF LOWTHER STREET AT THE WESTERLY LINE OF LOT NO. 6, BLOCK N, ON THE HEREINAFTER MENTIONED PLAN, SAID POINT BEING THREE HUNDRED FIFTY-FIVE (355) FEET WEST OF THE SOUTHWEST CORNER OF LOWTHER STREET AND NORMAN ROAD; THENCE ALONG THE LINE OF SAID LOT NO. 6, BLOCK N, IN A SOUTHERLY DIRECTION, ONE HUNDRED TWENTY (120) FEET TO A POINT; THENCE IN A WESTERLY DIRECTION, PARALLEL WITH LOWTHER STREET, FIFTY-FIVE (55) FEET TO A POINT AT LINE OF LOT NO. 4, BLOCK N; THENCE ALONG SAID LINE IN A NORTHERLY DIRECTION ONE HUNDRED TWENTY (;120) FEET TO A POINT ON THE SOUTHERLY LINE OF LOWTHER STREET; THENCE ALONG SAID LINE IN AN EASTERLY DIRECTION FIFTY-FIVE i55) FEET TO A POINT, THE PLACE OF BEGINNING. BEING LOT NO. 5, BLOCK N, ON A PLAN OF LOTS OF HIGHLAND PARK SHOWING BLOCKS N, C, P, Q AND R, RECORDED IN PLAN BOOK 4, PAGE 98, CUMBERLAND COUNTY RECORDS. BEING THE SAME PREMISES WHICH ROBERT W. BUXTON, EXECUTOR OF THE ESTATE OF WILLIAM R. BUXTON, GRANTED AND CONVEYED TO THE GRANTOR HEREIN, BY DEED DATED MARCH 24, 2000, AND RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS OF CUMBERLAND COUNTY, PENNSYLVANIA ON APRIL 28, 2000, IN RECORD BOOK 291 AT PAGE 1114. AND BEING THE SAME PREMISES THAT GRANTOR HEREIN CONVEYED TO GRANTEE HEREIN BY DEED DATED OCTOBER 29, 2004, AND RECORDED NOVEMBER 15, 2004, IN THE AFORESAID RECORDER'S OFFICE IN DEED BOOK 266 AT PAGE 1177. IN SAID DEED THE NAME OF GRANTEE WAS ERRONEOUSLY SET FORTH AS KATHLEEN R. RUSSELL RATHER THAT HER CORRECT NAME WHICH IS KATHLEEN L. RUSSELL AND THIS DEED IS EXECUTED, DELIVERED AND RECORDED TO CORRECT THIS ERROR OF THE RECORD. THIS IS A CORRECTIVE DEED AND THUS NOT SUBJECT TO ANY REALTY TRANSFER TAXES. TOWNSHIP OF LOWER ALLEN 40135682 EXHIBIT A (continued) Permanent Parcel Number KATHLEEN L. RUSSELL 13-23-0545-218. 13891 LOWTHER ROAD, CAMP HILL PA 17011 Loan Reference Number 111596619/00006017087073. First American Order No: 40138682 Identifier: FIRST AMERICAN EQUITY LOAM SERVICES 11111111111 1111111111 WHEN RECORDED, REn&N TO: F,QUITYLOANSFRVICES, INC. 1100 SUPERIOR AVEIVUA SUM 200 CZEITJ.AND, OHIO 44114 NA77ONAL RECORDING - 7 EAM I Accva=0da60n Recording Per Gent Request III, IjIIItiIIIIIIIIII RUSSELL 40138682 PA FIRST AMERICAN EL.S OPEN END MORTGAGE iI11 I II11fl11tIUI I IIflINI11111111111 lIN ll l ll l l II 111 ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 200913892 Recorded On 4/30/2009 At 12:29: 31 PM Instrument Type - MORTGAGE Invoice Number - 42499 User Ill - MSW * Mortbagor - RUSSELL, KATIILF.EN L " Mortgagee - CITIZENS RANK OF PENNSYLVANIA * Customer - FIRST AMERICAN FEES STATE WRIT TAX $0.50 STATE JCS/ACCESS TO $10.00 JUSTICE RECORDING FEES - $19.50 RECORDER OF DEEDS PARCEL CERTIFICATION $10.00 FEES AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $56.50 *Total Pages - 9 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA I. ctiiye RECORDER O 47E S \ 1750 * - Informntion denoted by an asterisk may change during the verification process and may not he reflected on this page. C01D6N III 11111111111 1111101111 Ex IB T 64C99 --S? L71 EXHIBIT "C" ALL THAT CERTAIN lot of ground situate in the Township of Lower Allen, County of Cumberland, and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the southerly line of Lowther Street at the westerly line of Lot No. 6, Block "N", on the hereinafter mentioned plan, said point being three hundred fifty- five (355) feet West of the southwest corner of Lowther Street and Norman Road; thence along the line of said Lot No. 6, Block N", in a southerly direction, one hundred twenty (120) feet to a point; thence in a westerly direction, parallel with Lowther Street, fifty- five (55) feet to a point at line of Lot No. 4, Block "N"; thence along said line in a northerly direction one hundred twenty (120) feet to a point on the southerly line of Lowther Street; thence along said line in an easterly direction fifty-five (55) feet to a point, the Place of BEGINNING. BEING Lot No. 5, Block "N", on a Plan of Lots of Highland Park showing Blocks 'N", "O", "P", "Q" and "R", recorded in Plan Book 4, Page 98, Cumberland County records. HAVING THEREON ERECTED a dwelling house known as No. 1389 Lowther Street. BEING the same premise which Angela R. Long, Trustee of the Angela R. Long Trust by Corrective Deed from dated November 29, 2004, and recorded with the Cumberland County Recorder of Deeds Office on November 30,2004, in Deed Book Volume 266 page 2438, et seq., granted and conveyed unto Kathleen L. Russell. Parcel ID Number: 13-23-0545-218. R ussell.Complaint.Cumberland THE LAW OFFICES OF LAUREN BERSCHLER KARL, LLC Marl(r?lRarllaw.com Park Building licensed in PA and NJ 355 Fifth Avenue, Suite 400 Pittsburgh, PA 15222 412-232-0808 Fax: 412-232-0773 May 2, 2011 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 HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies servingyour County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. Russel I.Act91.05021 I Page 2 LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENDG UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMBERO MENCIONADO ARRIBA, 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. HOMEOWNER'S NAME(S): KATHLEEN L. RUSSELL PROPERTY ADDRESS: 1389 LOWTHER ROAD CAMP HILL, PA 17011 LOAN ACCOUNT NO. 6017087073/00723PAI I ORIGINAL LENDER: CITIZENS BANK OF PENNSYLVANIA CURRENT LENDER/SERVICER: CITIZENS BANK OF PENNSYLVANIA 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 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 THE NEXT (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 YOU MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with 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 proper is located are set forth at the end of this Notice. It is only necessary to schedule one fact-to-face meeting. Advise your lender immediately of your intentions. Russell.Act91.050211 Page 3 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 with within thirty (30) days of your face-to-face meeting with the counseling agency. YOU SHOULD FILE A HEMAP APPLICA TION AS SOON AS POSSIBLE. IF YO U HA VE 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 "TEMPORAR Y STA Y OF FORECLOSURE " YOU HA VE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. ALA TE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUAPPLICA TION IS EVENTUALLY APPROVED AT ANYTIME 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 A DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) Russell.Act91.050211 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: 1389 LOWTHER ROAD, CAMP HILL, PA 17011. IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due, as set forth below: Principal and Interest (overdue ) from 10/ 17/10 through 04/17/11 I payment at $349.25 $ 349.25 1 payment at $360.89 360.89 1 payment at $349.24 349.24 2 payments at $360.89 721.78 1 payment at $325.97 325.97 1 payment at $360.88 360.88 Late Charges 105.34 Total amount of Delinquency $ 2,573.35 Additionally, another total payment of approximately $361.00 becomes due on May 17, 2011. 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 $2,573.35, 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 355 Fifth Avenue, Suite 400 Pittsburgh, PA 15222 412-232-0808 412-232-0773-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 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 mortgage property. Russell Act91.050211 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 incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to 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 Sheriff's 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 Sheriff's Sale as specified in writing by the lender and by performing any other requirement 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 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 lender. HOW TO CONTACT THE LENDER: Name of Lender: Citizens Bank of Pennsylvania Address: 10561 Telegraph Road, Glen, Allen, VA 23059 Phone Number: 804-627-4254 Fax Number: 804-627-5711 Contact Person: Cheryl D. Cox E-Mail address: Cheryl.D.Cox2rbscitizens.com EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's 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 Sheriff's Sale, a lawsuit 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 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. Russell.Act91.05021 I Page 6 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 CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 888.511.2227 Community Action Commission of Capital Region 1514 Derry Street Harrisburg, PA 17104 717.232.9757 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 717.762.3285 PA Interfaith Community Programs Inc 40 E High Street Gettysburg, PA 17325 717.334.1518 Russell.Ac191.05021 1 Page 7 PHFA 211 North Front Street Harrisburg, PA 17110 717.780.3940 800.342.2397 Sincerely, BY: LAUREN I ERSCHLER KARL LBK Jes Enclosure Russell.Act9l.05021 1 Page 8 ********************************************************************************** NOTICE PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT I . 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. 3. 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. 4. If you make a written request for it within 30 days hereof, I will also send you the name and address of the original creditor, if different from Citizens Bank of Pennsylvania. Russell.Act91.050211 Postal CERTIFIED MAIL RE CEIPT o (Domes nce Coverage •Piovided) O S-- s,mr ca Postage a F O UP Ln y F C ee Certified L ? m Q O Reoelpt Fee (Endorser entr t Requked) H N 10, "' A a a C C3 Restrict ed DeNve I Fee (EndorsementRquked) F, C e .' C3 cC3 & Fees t P 9 H b Vd9 age os Total .. [? or W ^'l.... . ... .......^ :................. .. ? 1-1 olk Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor Citizens Bank vs. Kathleen L. Russell X011 JU -1 PM 2.0 5 CUMBERLAND CC"U14TY PEI,.'N3Y! `VANIA Case Number 2011-5059 SHERIFF'S RETURN OF SERVICE 06/28/2011 05:14 P - 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: Kathleen L. Russell, but was unable to locate her in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defends t Kathleen L. Russell. Deputies were advised, Kathleen L. Russell is deceased. SHERIFF COST: $48. June 30, 2011 SHERIFF'S OFFICE OF CUMBERLAND COUNTY 01 THE PPO I HUNOTARY SO ANSWERS, RON R ANDERSON, SHERIFF C ?. t THE LAW OFFICES OF LAUREN BERSCHLER KARL, LLC MCD ? ?-r Lauren Berschler Karl, Esquire '0 r-i-? Identification No. 88209 -<T w CD Park Building Attorneys for Plaintiff s-' ? + 355 Fifth Avenue, Suite 400 ?u Pittsburgh, PA 15222 ° c _ r Phone: (412) 232-0808 Fax: (412)232-0773 ------------------------------------------------------------ CITIZENS BANK OF PENNSYLVANIA Plaintiff, COURT OF COMMON PLEAS CUMBERLAND COUNTY V. KATHLEEN L. RUSSELL Defendant. NO.: 2011-5059 PRAECIPE TO DISCONTINUE WITHOUT PREJUDICE TO THE PROTHONOTARY: Pursuant to Pa.R.C.P. 229, mark the above-captioned action discontinued wi prejudice. Respectfully submitted, THE LAW OFFICES OF LAUREN BERSCHLER KARL, LLC BY: (IJ A 6J a ren Bersc ler Karl, Esquire Attorney for aintiff Date: September 8, 2011