HomeMy WebLinkAbout11-8161THE LAW OFFICES OF LAUREN BERSCHLER KARL, LLC t ^ iLauren Berschler Karl, Esquire
Identification No. 88209 27 1 [ .
Park Building Attorneys for Plaintiff "
355 Fifth Avenue, Suite 400 ^' + 1? i,? f u u , i 1
Pittsburgh, PA 15222 -" r s
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
/f
NO.: 11 - 81 W
GEOFF FARINA, ONLY IN HIS CAPACITY
AS KNOWN HEIR TO KATHLEEN L.
RUSSELL, DECEASED
1389 Lowther Road
Camp Hill, PA 17011
AND
AMY J. FARINA, ONLY IN HER CAPACITY
AS KNOWN HEIR TO KATHLEEN L.
RUSSELL, DECEASED
1737 Irving St., NW
Washington, D.C. 20010
Defendants.
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
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..
GEOFF FARINA, ONLY IN HIS CAPACITY
AS KNOWN HEIR TO KATHLEEN L.
RUSSELL, DECEASED
1389 Lowther Road
Camp Hill, PA 17011
AND
AMY J. FARINA, ONLY IN HER CAPACITY
AS KNOWN HEIR TO KATHLEEN L.
RUSSELL, DECEASED
1737 Irving St., NW
Washington, D.C. 20010
Defendants.
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, Geoff Farina, Known Heir to Kathleen L. Russell, Deceased, is an adult
individual who is believed to reside at 1389 Lowther Road, Camp Hill, PA 17011.
3. Defendant, Amy J. Farina, Known Heir to Kathleen L. Russell, Deceased, is an adult
individual who is believed to reside at 1737 Irving St., NW, Washington, D.C. 20010.
4. On August 24, 2010, Decedent, Kathleen L. Russell, died, leaving behind two
known heirs in Geoff Farina and Amy J. Farina ("Defendants").
5. Decedent, Kathleen L. Russell, ("Decedent"), was the last real 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")
6. On April 13, 2009, Decedent executed a Home Equity Line of Credit Agreement in the
original amount of $110,000.00 (the "Note"). A true and correct copy of the Note is attached hereto as
Exhibit "A."
7. 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 Decedent 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."
8. The full legal description of the Property is set forth in Exhibit "C" which is attached
hereto and incorporated herein by reference.
9. Monthly payments have not been tendered as required under the terms of the Note and
Mortgage.
10. Pursuant to the terms of the Note and Mortgage, the amount due and owing to Citizens
as of October 13, 2011 is as follows:
Principal $ 106,495.59
Accrued interest
(through 10/13/11) 4,854.54
Accrued late charges 213.67
Annual Fee 25.00
BPO/Appraisal 400.00
Title Reports 485.00
Attorneys Fees 5,324.78
Attorneys Costs 250.00
TOTAL REAL DEBT $ 118,048.58
Interest continues to accrue at the per diem rate of $11.64.
H. On September 8, 2011, the Act 6 Notice of Intention to Foreclose as set pursuant to 41
P. S. § 403, was mailed to the Defendants and Any and All Unknown Heirs as evidenced by the
Certificates of Mailing attached hereto and incorporated herein as Exhibit "D."
12. Citizens hereby releases any unnamed heir, devisee or personal representative from
liability for the debt secured by the Mortgage.
WHEREFORE, Plaintiff, Citizens Bank of Pennsylvania, demands Judgment in Mortgage
Foreclosure in its favor and against Defendants, Amy J. Farina and Geoff Farina, solely in their
capacities as known heirs to Kathleen L. Russell, Deceased, in the amount of $118,048.58, plus
continuing interest at the per diem rate of $11.64, from October 13, 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
LAU N BERSCHLER KARL, LLC.
BY
a ren Bers ler Karl, Esquire
Date: October 24, 2011 Attorneys for Plaintiff
VERIFICATION
I, 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.
CITIZENS BANK OF PENNSYLVANIA
By: dkm?, P, (1014
Date: I ? CHERYL D. X
EXHIBIT "A"
naNDnN note
Citizens Bank
SECONDARY MORTGAGE LOAN
ROME EQUITY LINE OF CREDIT AGREEMENT
Borrower(s):
R11THLZSN L RDSSSLL
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.
? 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
061RO rPPP P Rev 08008 F 04/11/2009
Page
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.
1
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 $ 110,060.00 which will
be your "Credit Limit" under this Agreement. This is the maximum credit that is to be extended to you. 11
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
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 patty 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 em® Lmw County, State or Commonwealth of PR , (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 out 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.
15. 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 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 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. i
1& 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.
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 18-000%. 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 • s s % 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%: % 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 18.000/a. 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 payoff 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 Redaction. In addition to any other rights we may have, (neither notice nor your
agreement is required), we can suspend additional extensions of credit or reduce your Credit Limit during
any period in which any of the following are in effect: i
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 underyour
Credit Line Account due to a material change in your financial circumstances;
(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 CreditI
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. ,
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
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. j
25. Change in 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.
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 canceilation, 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-execute 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 ?e
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 usingl1your
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.
u, the undersigned, certify that you have insured the property as identified in Section 12, entitled
?llateral", 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
Izens Bank of Pennsylvania as its interest may appear.
i agree it is your responsibility to keep the premises, as identified in Section 12, entitled "Collateral",
fired 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 agent
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 insurance
nt or insurance company will not affect our credit decision, so long as the insurance provides adequat
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 Operations
I Citizens Drive
Riverside, RI 02915
(800)708-6680
Authorization of Payments to Third Parties
Amount paid to others on my behalf
S 90, 506.34 Paid to CITIZENS BANK
S Paid to
s Paid to
S Paid to
- S Paid to
$ Paid to
$ Paid to
S Paid to
S Paid to
$ Paid to
$ Paid to
$ Paid to
S Paid to
S Paid to
$ Paid to
S Paid to
+ $ 0.00 Amount received from borrower
S 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 ojan 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 13LANK SPACES. THE AGREEMENT
IS SECURED BY A SECONDARY MORTGAGE ON YOUR REAL PROPERTY.
Effective Disbursement Date: oa/17 /]eo9
This Agreement is dated 04/13/2009 . THIS AGREEMENT IS SIGNED UNDER SEAL.
EXHIBIT "B"
lNllllllnll
Prepared BY:
Citizens Bank
Beth Romano
Retail Lending Services
480 Jefferson Boulevard
Warwick, RI 02886
1-800-8944619
R T•
Cit s nk
Cons r Loan Operations - RJW215
1 C' ns ive
Riverside, 02915
Parcel IDiR23-0545 12 1 8-91
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
OPEN-END MORTGAGE
t (Securing Future Advances)
INCORPORATING THE OPEN-END MASTER MORTGAGE FORM
RECORDED BY CITIZENS BANK OF PENNSYLVANIA
MAXIMUM PRINCIPAL AMOUNT $ 110,000.00
KNOW ALL MEN BY THESE PRESENTS:
That on 04/13/2009 , the mortgagor,
KATHLEEN L RUSSELL
.1
1111Nigll?a 01/09F Page I
9
04/11/2409
11111
First Anvncan FX 11596619
whose address is 1389 LOWTHER ROAD, CAMP HILL, PA 17011 ("Property
Address"); (hereafter "Borrower"), inconsideration 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 defmitions set forth in the Open-End Master Mortgage form referenced
in Section 4 hereof, which definitions 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. lncorVoration of Terms and Conditions of Master Mortaage 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. Defeasaace. 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, sealed 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:
Title: IGrJL . U n o r2/
Page 5
INDIVIDUAL ACKNOWLEDGMENT
STATE OR COMMONWEALTH OF )
)SS:
COUNTY OF Lj C- I utl a )
On the 6 day of Aari?_ C1?
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)
Notarial Seal
COIYMNONYWE&TH OF PEW4MVAM
+ioWw a..i
L~ Aftn rt*,,,
caw?lon , ?
I hereunto set my hand and official seal.
i
?---- W6fa-ry Public
Attention Registry of Deeds/Town or City Clerk:
Mj#to: Citizens Bank
Consumer Finance Operations - RJW215
1 Citizens Drive
Riverside, RI 02915
ACKPA 9/05
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
i551 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, 0, 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
40133682
EXHIBIT A
(continued)
Permanent Parcel Number: 13-23-0545-218.
KATHLEEN L. RUSSELL
1389 LOWTHER ROAD, CAMP HILL PA 17011
Loan Reference Number 111596619/00006017087073.
First American Order No: 40138682
Identifier: FIRST AMERICAN EQUITY LOAN SERVICES
WHEN RECORDED, RET="' TO:
EQUI7YLOANSF.RW(C ZING
1100 SUPERIOR AVENUA SUITE 200
CLeVMAND, OHIO 44114
NA770NAL RFCORDIN I- 7 F" F" Reqursf
Accomrmd,w.n Rew,,dwg
IIIII}}111111IfIIIIIII RUSSELL
40138682
PA
FIRST AMERICAN El-S
OPEN END MORTGAGE
IIU n IIIIIIIIIl11I I IInI?IIIIU a n?II tNIUIII II II III
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
* Mortgagor - RUSSELL, KA'r1ILEEN L
* Mortgagee - CITIZENS BANK OF PENNSYLVANIA
* Customer - FIRST AM ERICAN
* 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
ca cvys
:may pz't 9t
p nS
RECORDER O ll EDS
?. two
* - Information denoted by an asterisk may change during
the verification process and may not be reflected on this page.
001 136N
1111111111111111111111111111
EXHIBIT "C"
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", "0", 171,
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 (now deceased).
Parcel ID Number: 13-23-0545-218.
EXHIBIT "D"
THE LAW OFFICES OF
LAUREN BERSCHLER KARL, LLC
lbkarl(@Ibkarllaw.com Park Building licensed in PA and NJ
355 Fifth Avenue, Suite 400
Pittsburgh, PA 15222
412-232-0808
Fax: 412-232-0773
September 8, 2011
VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
and FIRST CLASS MAIL
Geoff Farina, Known Heir to
Kathleen L. Russell, Deceased
1389 Lowther Road
Camp Hill, PA 17011
Amy J. Farina, Known Heir to
Kathleen L. Russell, Deceased
1737 Irving St., NW
Washington, D.C. 20010
Any and All Unknown Heirs Devisees,
Personal Representatives and/or Persons
with Interest, Title, or Right From or Under
Kathleen L. Russell, Deceased and/or
Current Occupants of:
1389 Lowther Road
Camp Hill, PA 17011
NOTICE OF INTENTION TO FORECLOSE MORTGAGE
Loan No.
The MORTGAGE held by CITIZENS BANK OF PENNSYLVANIA (hereinafter we, us or
ours) on your property located at 1389 LOWTHER ROAD, CAMP HILL, PA 17011, IS IN
SERIOUS DEFAULT because (1) THE BORRO WERIMOR TGA GOR IS DECEASED and (2)
because monthly payments have not been made for the months of October 17, 2010, through
August 17, 2011, in the amounts of $349.25, $360.89, $349.24, $360.89, $360.89, $325.97,
$360.88, $349.25, $360.89, $349.25 and $360.89, respectively.
Late charges and other charges have also accrued to this date in the amount of $220.63 (late
charges of $195.63 and annual fee of $25.00). The total amount now required to cure this default,
or in other words, get caught up in your payments, as of the date of this letter, is $4,108.92, with
another payment of approximately $379.00, becoming due on September 17, 2011.
Page 1 of 4
You may cure this default within THIRTY (30) DAYS of the date of this letter, by paying to us the
above amount of $4,108.92, plus any additional monthly payments and late charges which may
fall due during this period. Such payment must be made either by cash, cashier's check, certified
check or money order, and made payable to CITIZENS BANK OF PENNSYLVANIA at:
Lauren B. Karl, Esquire
Park Building
355 Fifth Avenue, Suite 400
Pittsburgh, PA 15222
If you do not cure the default within THIRTY (30) DAYS, we intend to exercise our right to
accelerate the mortgage payments. This means that whatever is owing on the original amount
borrowed will be considered due immediately and you may lose the chance to pay off the
original mortgage in monthly installments. If full payment of the amount of default is not made
within THIRTY (30) DAYS, we also intend to instruct our attorneys to start a lawsuit to
foreclose your mortgaged property. If the mortgage is foreclosed your mortgaged property will
be sold by the Sheriff to pay off the mortgage debt. If we refer your case to our attorneys, but you
cure the default before they begin legal proceedings against you, you will still have to pay the
reasonable attorney's fees, actually incurred, up to $50.00. However, if legal proceedings are
started against you, you will have to pay, the reasonable attorney's fees even if they are over
$50.00. Any attorney's fees will be added to whatever you owe us, which may also include our
reasonable costs. If you cure the default within the thirty day period, you will not be required to
pay attorney's fees.
We may also sue you personally for the unpaid principal balance and all other sums due under
the mortgage. If you have not cured the default within the thirty 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 foreclosure sale. You may do so by paying the total
amount of the unpaid monthly payments plus any late or other charges then due, as well as the
reasonable attorney's fees and costs connected with the foreclosure sale [and perform any other
requirements under the mortgage]. It is estimated that the earliest date that such a Sheriff's sale
could be held would be approximately six months. A notice of the date of the Sheriff sale will be
sent to you before the sale. Of course, the amount needed to cure the default will increase the
longer you wait. You may find out at any time exactly what the required payment will be by
calling us at the following number: 412-232-0808. This payment must be in cash, cashier's
check, certified check or money order and made payable to CITIZENS BANK OF
PEENSYLVANIA at the address stated above.
You should realize that a Sheriff's sale will end your ownership of the mortgaged property and
your right to remain in it. If you continue to live in the property after the Sheriff's sale, a lawsuit
could be started to evict you.
Page 2 of 4
You have additional rights to help protect your interest in the property. YOU 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. [YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE
PROPERTY SUBJECT TO THE MORTGAGE 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 UNDER THE
MORTGAGE ARE SATISFIED]. CONTACT US TO DETERMINE UNDER WHAT
CIRCUMSTANCES THIS RIGHT MIGHT EXIST]. YOU HAVE THE RIGHT TO HAVE
THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF.
If you cure the default, the mortgage will be restored to the same position as if no default had
occurred. However, you are not entitled to this right to cure your default more than three times in
any calendar year.
Sincerely,
Lauren Berschler Karl
LBK/j es
Enclosure (FDCPA Notice)
cc: Theodore J. Leo, Esquire (w/ enc
THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED
WILL BE USED FOR THAT PURPOSE. HOWEVER, IF YOU HAVE PREVIOUSLY
RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND
SHOULD NOT BE CONSTRUED AS AN ATTEMPT TO COLLECT A DEBT, BUT ONLY
AS AN ENFORCEMENT OF A LIEN AGAINST PROPERTY.
Page 3 of 4
************************************jCES ACT******
***************************
***************************************
NOTICE PURSUANT TO THE FAIR DEBT COLLECTION PRA
************************************* t to collect a debt and any
This 1.
This communication is from a debt oolle that purposeis an attempt
information obtained will be used within 30 days after
the validity of this debt or any portion thereof,
you dispute
notice, the debt will be assumed to be valid by our offices.
2 Unless o
receipt of this
writing within 30 days of receipt of this verification of the debt or
3 if you notify our offices in g rovide you with
st you and a copy of such verification or judgment will be
any portion thereof is dispuaealn uy ffices will p
or a copy of the Judgment g
mailed to you by our offices.
s hereof, I will also send you the name
request for it within 30 day of Pennsylvania.
4 If you make a written and address of the original creditor, if different from Citizens Bank
Page 4of4
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SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
G FT ,`!E Pt OTHOiHOTARY
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
L'' E 1'!'0 16 A,"f 24
C'.1rt ec;q; r=' 0 COU14TY
Citizens Bank of Pennsylvania
vs.
Geoff Farina
Case Number
2011-8161
SHERIFF'S RETURN OF SERVICE
11/02/2011 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: Geoff Farina, but was unable to locate him in his
bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the
defendant Geoff Farina. Request for service at 1389 Lowther Road, Camp Hill, Pennsylvania 17011 is
vacant. The Camp Hill Postmaster has confirmed, Geoff Farina is not known at this address.
SHERIFF COST: $48.00 SO ANSWERS,
November 14, 2011 RON R ANDERSON, SHERIFF
o 'eunt,S r ,he rtfi. Tel c ;??fl. Inc.
THE LAW OFFICES OF LAUREN BERSCHLER KARL, LLC
Lauren Berschler Karl, Esquire
Identification No. 88209 Attorneys for Plaintiff
355 Fifth Avenue, Suite 400
Pittsburgh, PA 15222
Phone: (412) 232-0808
Fax: (412)232-0773
CITIZENS BANK OF PENNSYLVANIA
Plaintiff,
V.
GEOFF FARINA, ONLY IN HIS CAPACITY
AS KNOWN HEIR TO KATHLEEN L.
RUSSELL, DECEASED
AND
AMY J. FARINA, ONLY IN HER CAPACITY
AS KNOWN HEIR TO KATHLEEN L.
RUSSELL, DECEASED
Defendants.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO.: 2011-8161
ORDER
AND NOW, this j day of ?l6l,A 2012, upon consideration
of Plaintiff, Citizens Bank of Pennsylvania's, Motion for Alternate Service pursuant to Pa.R.C.P.
410(c) and 430(a) for good cause having been shown, it is hereby ORDERED that the said
Motion is GRANTED. Plaintiff shall, pursuant to Pa.RC.P. 410(c)(2) and 410(c)(3), serve
original process upon Defendants, Geoff Farina and Amy J. Farina, Known Heirs to Kathleen L.
Russell, Deceased, by posting a copy thereof upon on the most public part of the real property
located at the Mortgaged Property located at 1389 Lowther Road, Camp Hill, PA 17011, and by
mailing a copy of the Complaint and Notice to Defend via regular and certified mail to
Defendant, Geoff Farina, Known Heir to Kathleen L. Russell, Deceased at his last known
address of 1389 Lowther Road, Camp Hill, PA 17011 and via regular and certified mail to
Defendant, Amy J. Farina, Known Heir to Kathleen L. Russell, Deceased at her last known
address of 1737 Irving St., NW, Washington, D.C. 20010. Thereafter, Plaintiff may serve all
further legal papers in this matter, including, but not limited to, any Notices of Sheriff's Sale,
upon Defendant, Geoff Farina, Known Heir to Kathleen L. Russell, Deceased at 1389 Lowther
Road, Camp Hill, PA 17011 and Defendant, Amy J. Farina, Known Heir to Kathleen L. Russell,
Deceased at 1737 Irving St., NW, Washington, D.C. 20010, by any manner authorized under
Pa.R.C.P. 410 and/or 440.
BY THE COURT:
J.
it
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THE LAW OFFICES OF LAUREN BERSCHLER KARL, LL?f g is i 1
Lauren Berschler Karl, Esquire r'' r' 1±;?J £ t
Attorney Id. No. 88209 Atto mfMamtiff
355 Fifth Avenue, Suite 400 19 Arl 11: 32
Pittsburgh, PA 15222 ?' ??{?BEt?L AND COUNTY
412-232-0808 PENNSYLVANIA
Fax: 412-232-0773
------------------------------------------------------------
CITIZ,ENS BANK OF PENNSYLVANIA
Plaintiff,
V.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
GEOFF FARINA, ONLY IN HIS CAPACITY
AS KNOWN HEIR TO KATHLEEN L.
RUSSELL, DECEASED
AND
AMY J. FARINA, ONLY IN HER CAPACITY
AS KNOWN HEIR TO KATHLEEN L.
RUSSELL, DECEASED
Defendants.
----------------------------------------------------------
NO.: 2011-8161
PRAECIPE TO REINSTATE COMPLAINT
TO THE PROTHONOTARY:
Kindly reinstate the Complaint in the above-captioned matter. Thank you.
Respectfully submitted,
THE LAW OFFICES OF
LAUREN BERSCHLER KARL, LLC
BY:
)L i
Date: N La ren Bers hler Karl, Esquire
Attorney for laintiff,
Citizens Bank of Pennsylvania
OLO
C16433s?
PA+a7as7?
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
e'C1 %r' -3 Aid (1` +
Citizens Bank of Pennsylvania
vs.
Geoff Farina (et al.)
Case Number
2011-8161
SHERIFF'S RETURN OF SERVICE
03/28/2012 03:40 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on March 28,
2012 at 1540 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the
within named defendant, to wit: Geoff Farina, Known Heir to Kathleen L. Russell, Deceased, pursuant to
order of court by posting the premises located at 1389 Lowther Road, Camp Hill, Cumberland County,
Pennsylvania 17011 with a true and correct copy according to law.
RYAN BURGETT,
03/28/2012 03:40 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on March 28,
2012 at 1540 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the
within named defendant, to wit: Amy J. Farina, Known Heir to Kathleen L. Russell, Deceased, pursuant to
order of court by posting the premises located at 1389 Lowther Road, Camp Hill, Cumberland County,
Pennsylvania 17011 with a true and correct copy according to law.
SHERIFF COST: $71.00
March 30. 2012
RYAN BURGE T, DEPUTY
SO ANSWERS,
RON ~ R ANDERSON, SHERIFF
-'FK"E
THE LAW OFFICES OF LAUREN BERSCHLER KARL, LLC
Lauren Berschler Karl, Esquire
Identification No. 88209 Attorneys for Plaintitff, r ,.F;1 t ; j?
355 Fifth Avenue, Suite 400
Pittsburgh, PA 15222 r , D COUNTY
Phone: (412) 232-0808 `_' `a
Fax: (412)232-0773
------------------------------------------------------------
CITIZENS BANK OF PENNSYLVANIA
Plaintiff, COURT OF COMMON PLEAS
V. CUMBERLAND COUNTY
GEOFF FARINA, ONLY IN HIS CAPACITY NO.: 2011-8161
AS KNOWN HEIR TO KATHLEEN L.
RUSSELL, DECEASED
AND
AMY J. FARINA, ONLY IN HER CAPACITY
AS KNOWN HEIR TO KATHLEEN L.
RUSSELL, DECEASED
Defendants.
AFFIDAVIT OF SERVICE
I, Lauren Berschler Karl, Esquire, attorney for Plaintiff, Citizens Bank of Pennsylvania, in the
above-captioned matter, hereby certify that service of the Reinstated Complaint and Notice to Defend,
was served upon Defendant, Amy J. Farina, Known Heir to Kathleen L. Russell, Deceased, pursuant to
Court Order by mailing a copy of the Complaint and Notice to Defend by regular and certified mail on
March 21, 2012, to 1737 Irving St., NW, Washington, D.C. 20010 and Defendant, Geoff Farina, Known
Heir to Kathleen L. Russell, Deceased, pursuant to Court Order by mailing a copy of the Complaint and
Notice to Defend by regular and certified mail on March 21, 2012, to 1389 Lowther Road, Camp Hill, PA
17011. See Exhibit "A."
Additionally, service of the Reinstated Complaint, Notice to Defend and Urgent Notice was also
served upon Defendants, Geoff Farina and Amy J. Farina, Known Heirs to Kathleen L. Russell,
Deceased, pursuant to Court Order by having the Sheriff of Cumberland County post the Property located
at 1389 Lowther Road, Camp Hill, PA 17011, on March 25, 2012. See Exhibit "B."
Respectfully Submitted,
Sworn and Subscribed efore me
on this day of , 2012
Notary Public
THE LAW OFFICES OF
LAUREN BERSCHLER KARL, LLC
1I 11 l lA 6 Gw C.A
L4 e$Berschle0Karl, Esquire
Attorney for Plaintiff
EXHIBIT "A"
THE LAW OFFICES OF
LAUREN BERSCHLER KARL, LLC
MarIA-Marllaw.com Park Building licensed in PA and NJ
355 Fifth Avenue, Suite 400
Pittsburgh, PA 15222
412-232-0808
Fax: 412-232-0773
March 21, 2012
VIA CERTIFIED AND REGULAR MAIL
Geoff Farina, Known Heir
to Kathleen L. Russell, Deceased
1389 Lowther Road,
Camp Hill, PA 17011
Re: Citizens Bank of Pennsylvania v. Geoff Farina, Only in His Capacity as Known
Heir to Kathleen L. Russell, Deceased and Amy J. Farina, Only in Her Capacity
as Known Heir to Kathleen L. Russell, Deceased
CCP, Cumberland County, Docket No. 2011-8161
Dear Mr. Farina:
Please be informed, this firm represents Citizens Bank of Pennsylvania ("Citizens")
with respect to the above-referenced matter. Enclosed please find a time-stamped copy of
Citizens' Reinstated Complaint in Mortgage Foreclosure and Notice to Defend which were
originally filed with the Court of Common Pleas of Cumberland County on October 27,
2011, and reinstated on March 19, 2012. Please be advised, that pursuant to the Court's
Order (which is also enclosed), original service can be made upon you by mailing.
Accordingly, you have twenty (20) days from date of this letter to respond to this Complaint
or a Default Judgment may be entered against you.
Please be guided accordingly.
IU ' erely,
4.
en Berscl?ler arl
LBK/jes
Enclosures
Postal
CERTIFIED MAIL
M Only; (Domestic Mail RECEIPT
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PC5MLSEffAU• Certificate Of Wilin
Thls L.B. Karl
This IN
Fror Park Building ye
355 Fifth Avenue, S ,
Pittsburgh, PA 15 N i;?
To:
PS Form 3817, April 2007 PSN 7530-02-000-9065
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THE LAW OFFICES OF
LAUREN BERSCHLER KARL, LLC
lbkarl@lbkarllaw.com Park Building licensed in PA and NJ
T 355 Fifth Avenue, Suite 400
Pittsburgh, PA 15222
412-232-0808
Fax: 412-232-0773
March 21, 2012
VIA CERTIFIED AND REGULAR MAIL
Amy J. Farina, Known Heir
to Kathleen L. Russell, Deceased
1737 Irving St., NW,
Washington, D.C. 20010
Re: Citizens Bank of Pennsylvania v. Geoff Farina, Only in His Capacity as Known
Heir to Kathleen L. Russell, Deceased and Amy J. Farina, Only in Her Capacity
as Known Heir to Kathleen L. Russell, Deceased
CCP, Cumberland County, Docket No. 2011-8161
Dear Ms. Farina:
Please be informed, this firm represents Citizens Bank of Pennsylvania ("Citizens")
with respect to the above-referenced matter. Enclosed please find a time-stamped copy of
Citizens' Reinstated Complaint in Mortgage Foreclosure and Notice to Defend which were
originally filed with the Court of Common Pleas of Cumberland County on October 27,
2011, and reinstated on March 19, 2012. Please be advised, that pursuant to the Court's
Order (which is also enclosed), original service can be made upon you by mailing.
Accordingly, you have twenty (20) days from date of this letter to respond to this Complaint
or a Default Judgment may be entered against you.
Please be guided accordingly.
incerely,
ren Ber? I Karl
LBK/j es
Enclosures
Postal
CERTIFIED MAILT,, RECEIPT
- . . .
?.
Ln
ru
-a Postage $
1:3 Certified Fee
Return Receipt Fee *Y
(Endorsement Required)
Q --- -°- - e',??
C3 Restricted Delivery Fee y?,,
(Endorsement Required)
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O Total Postage & Fees $
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PS Form 3800, Aticlust 200(, S- Reverse for 111?ttucltow
UNnwsmTu
POSMLSBIWKE• Certificate Of Mailing
This ailing.
Thls L.B. Karl
FromfA
Park Building
355 Fifth Avenue, Suit
Pittsburgh, PA 152
To:
PS Form 3817, April 2007 PSN 7530-02-000-9065
4 CS c
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i
EXHIBIT "B"
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
??;atr cC ?sc?nbrrf?y?`r?
w
OFFICE OF T ,,E SHERIFF
Citizens Bank of Pennsylvania
vs.
Geoff Farina (et al.)
Case Number
2011-8161
SHERIFF'S RETURN OF SERVICE
03/28/2012 03:40 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on March 28,
2012 at 1540 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the
within named defendant, to wit: Geoff Farina, Known Heir to Kathleen L. Russell, Deceased, pursuant to
order of court by posting the premises located at 1389 Lowther Road, Camp Hill, Cumberland County,
Pennsylvania 17011 with a true and correct copy according to law.
RYAN BURGETT,
03/28/2012 03:40 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on March 28,
2012 at 1540 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the
within named defendant, to wit: Amy J. Farina, Known Heir to Kathleen L. Russell, Deceased, pursuant to
order of court by posting the premises located at 1389 Lowther Road, Camp Hill, Cumberland County,
Pennsylvania 17011 with a true and correct copy according to law.
RYAN BURGS , DEPUTY
SHERIFF COST: $71.00
March 30, 2012
SO ANSWERS,
RON R ANDERSON, SHERIFF
C? CotmtySuite Shenff. Teleosoft Inc.
PROTHONOTARY
COURT OF COMMON PLEAS - CUMBERLAND COUNTY
CARLISLE, PA
DAVID D. BUELL
PROTHONOTARY
To: Geoff Farina, Known Heir
to Kathleen L. Russell, Deceased
1389 Lowther Road,
Camp Hill, PA 17011
Amy J. Farina, Known Heir to
Kathleen L. Russell, Deceased
1737 Irving St., NW,
Washington, D.C. 20010
CITIZENS BANK OF PENNSYLVANIA
Plaintiff,
V.
GEOFF FARINA, ONLY IN HIS CAPACITY
AS KNOWN HEIR TO KATHLEEN L.
RUSSELL, DECEASED
AND
AMY J. FARINA, ONLY IN HER CAPACITY
AS KNOWN HEIR TO KATHLEEN L.
RUSSELL, DECEASED
Defendants.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO.: 2011-8161
NOTICE
Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a
Judgment has been entered against you in the above proceeding as indicated below.
David D. Buell
PROTHONOT Y
X Judgment by Default ($120,399.86)
Money Judgment
Judgment in Replevin
Judgment for Possession
Judgment on Award of Arbitration
Judgment on Verdict
Judgment on Court Findings
IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL:
ATTORNEY LAUREN BERSCHLER KARL at this telephone number: (412) 232-0808.
<.?
THE LAW OFFICES OF LAUREN BERSCHLER KARL, LLC.
Lauren Berschler Karl, Esquire
Attorney Id. No. 88209 Attorney for Plaintiff
355 Fifth Avenue, Suite 400
Pittsburgh, PA 15222
412-232-0808
Fax: 412-232-0773
CITIZENS BANK OF PENNSYLVANIA
Plaintiff, COURT OF COMMON PLEAS
V. CUMBERLAND COUNTY
GEOFF FARINA, ONLY IN HIS CAPACITY NO.: 2011-8161
AS KNOWN HEIR TO KATHLEEN L.
RUSSELL, DECEASED .......j` r"
AND
AMY J. FARINA, ONLY IN HER CAPACITY
AS KNOWN HEIR TO KATHLEEN L. r
RUSSELL, DECEASED ? 3
Defendants.
--- ----------------- ---------------- --------------------
?- r
PRAECIPE TO ENTER DEFAULT JUDGMENT
TO THE PROTHONOTARY:
Please enter a judgment by default in the amount of $120,399.86, plus continuing interest
at the per diem rate of $11.64, from May 3, 2012, and costs of suit, in favor of Plaintiff, Citizens
Bank of Pennsylvania, ("Citizens"), and against Defendants, Geoff Farina and Amy J. Farina,
Known Heirs to Kathleen L. Russell, Deceased, ("Defendants"), for their failure to answer or
otherwise plead in response to the Complaint in Mortgage Foreclosure in this action. In support
thereof, Citizens avers the following:
On October 27, 2011, Citizens commenced this action by filing a Complaint in
Mortgage Foreclosure with a Notice to Defend (collectively, the "Complaint") against the above-
captioned Defendants.
2. On March 12, 2012, this Honorable Court entered an Order allowing original
service of the Complaint and Notice to Defend upon Defendants, Geoff Farina and Amy J.
Farina, Known Heirs to Kathleen L. Russell, Deceased, by posting a copy thereof upon on the
most public part of the real property located at the Mortgaged Property located at 1389 Lowther
Q,nti?-%JLJ. S0
a74(PU
-?Jd,?XLL 14-1?-c
Road, Camp Hill, PA 17011, and by mailing a copy of the Complaint and Notice to Defend via
regular and certified mail to Defendant, Geoff Farina, Known Heir to Kathleen L. Russell,
Deceased at his last known address of 1389 Lowther Road, Camp Hill, PA 17011 and via regular
and certified mail to Defendant, Amy J. Farina, Known Heir to Kathleen L. Russell, Deceased at
her last known address of 1737 Irving St., NW, Washington, D.C. 20010. A true and correct
copy of Court Order is attached hereto and incorporated herein by reference as Exhibit "A."
3. On March 21, 2012, service of the Reinstated Complaint was served on
Defendant, Geoff Farina, Known Heir to Kathleen L. Russell, Deceased at his last known
address of 1389 Lowther Road, Camp Hill, PA 17011 and via regular and certified mail to
Defendant, Amy J. Farina, Known Heir to Kathleen L. Russell, Deceased at her last known
address of 1737 Irving St., NW, Washington, D.C. 20010. Additionally, on March 25, 2012,
service was completed as the Mortgaged Property located at 1389 Lowther Road, Camp Hill, PA
17011, was posted. A true and correct copy of the Affidavit of Service which was filed with the
Prothonotary's Office on April 18, 2012, is attached hereto, incorporated herein by reference and
labeled as Exhibit "B."
4. Defendants failed to plead in response to the Complaint within twenty (20) days.
5. On April 20, 2012, a Notice of Intention to Enter Judgment by Default was
served upon Defendant, Geoff Farina, Known Heir to Kathleen L. Russell, Deceased by United
States first class regular mail at 1389 Lowther Road, Camp Hill, PA 17011. A true and correct
copy of the Notice is attached hereto and labeled as Exhibit "C."
6. On April 20, 2012, a Notice of Intention to Enter Judgment by Default was served
upon Defendant, Amy J. Farina, Known Heir to Kathleen L. Russell, Deceased by United States
first class regular mail at 1737 Irving St., NW, Washington, D.C. 20010. A true and correct copy
of the Notice is attached hereto and labeled as Exhibit "D."
7. More than ten (10) days have elapsed since the Notices of Intention to Enter
Judgment by Default were mailed to Defendants and to date no responsive pleading has been
filed.
8. Damages should be assessed in the amount of $120,399.86, plus per diem interest
at the rate of $11.64, from May 3, 2012, and costs of suit, which is calculated as follows:
Principal $ 106,495.59
Accrued interest
(through 05/02/12) 7,205.82
Accrued late charges 213.67
Annual Fee 25.00
BPO/Appraisal 400.00
Title Reports 485.00
Attorneys Fees 5,324.78
Attorneys Costs 250.00
TOTAL REAL DEBT $ 120,399.86
9. The aforementioned sum is the amount demanded in the Complaint with interest
carried forward to May 2, 2012.
WHEREFORE, Plaintiff, Citizens Bank of Pennsylvania, demands Judgment in
Mortgage Foreclosure in its favor and against Defendants, Amy J. Farina and Geoff Farina,
I solely in their capacities as known heirs to Kathleen L. Russell, Deceased, in the amount of
$120,399.86, plus continuing interest at the per diem rate of $11.64, from May 3, 2012, 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: A,41 k(k1A
4uaren Berl chler Karl, Esquire
Attorneys r Plaintiff,
Date: May 2, 2012 Citizens Bank of Pennsylvania
THE LAW OFFICES OF LAUREN BERSCHLER KARL, LLC.
Lauren Berschler Karl, Esquire
Attorney Id. No. 88209
Park Building Attorney for Plaintiff
355 Fifth Avenue, Suite 400
Pittsburgh, PA 15222
412-232-0808
Fax: 412-232-0773
CITIZENS BANK OF PENNSYLVANIA
Plaintiff,
V.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
GEOFF FARINA, ONLY IN HIS CAPACITY
AS KNOWN HEIR TO KATHLEEN L.
RUSSELL, DECEASED
AND
AMY J. FARINA, ONLY IN HER CAPACITY
AS KNOWN HEIR TO KATHLEEN L.
RUSSELL, DECEASED
Defendants.
NO.: 2011-8161
CERTIFICATION OF SERVICE OF
NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT
I, Lauren Berschler Karl, Esquire, hereby certify that on April 20, 2012,1 served Notices
of Intention to Enter Judgment By Default upon Defendant, Geoff Farina, Known Heir to
Kathleen L. Russell, Deceased by United States first class regular mail at 1389 Lowther Road,
Camp Hill, PA 17011 and upon Defendant, Amy J. Farina, Known Heir to Kathleen L. Russell,
Deceased by United States first class regular mail at 1737 Irving St., NW, Washington, D.C.
20010.
-I 1 6 ? i I/ n I ?
By:
auren erschler Karl, Esquire
Attorney for Plaintiff
Citizens Bank of Pennsylvania
THE LAW OFFICES OF LAUREN BERSCHLER KARL, LLC.
Lauren Berschler Karl, Esquire
Attorney Id. No. 88209
Park Building Attorney for Plaintiff
355 Fifth Avenue, Suite 400
Pittsburgh, PA 15222
412-232-0808
Fax: 412-232-0773
CITIZENS BANK OF PENNSYLVANIA
Plaintiff,
V.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
GEOFF FARINA, ONLY IN HIS CAPACITY
AS KNOWN HEIR TO KATHLEEN L.
RUSSELL, DECEASED
AND
AMY J. FARINA, ONLY IN HER CAPACITY
AS KNOWN HEIR TO KATHLEEN L.
RUSSELL, DECEASED
Defendants.
NO.: 2011-8161
CERTIFICATION OF ADDRESSES
I, Lauren Berschler Karl, Esquire, hereby certify that the address of Plaintiff, Citizens
Bank of Pennsylvania, is 10561 Telegraph Road, Glen Allen, VA 23059, and that the last known
address of Defendant, Geoff Farina, Known Heir to Kathleen L. Russell, Deceased is 1389
Lowther Road, Camp Hill, PA 17011 and Defendant, Amy J. Farina, Known Heir to Kathleen L.
Russell, Deceased is 1737 Irving St., NW, Washington, D.C. 20010.
By:
Citizens Bank of Pennsylvania
Ber chler Karl, Esquire
uren Attorney for Plaintiff
THE LAW OFFICES OF LAUREN BERSCHLER KARL, LLC.
Lauren Berschler Karl, Esquire
Attorney Id. No. 88209
Park Building Attorney for Plaintiff
355 Fifth Avenue, Suite 400
Pittsburgh, PA 15222
412-232-0808
Fax: 412-232-0773
CITIZENS BANK OF PENNSYLVANIA
Plaintiff,
V.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
GEOFF FARINA, ONLY IN HIS CAPACITY
AS KNOWN HEIR TO KATHLEEN L.
RUSSELL, DECEASED
AND
AMY J. FARINA, ONLY IN HER CAPACITY
AS KNOWN HEIR TO KATHLEEN L.
RUSSELL, DECEASED
Defendants.
NO.: 2011-8161
AFFIDAVIT OF NON-MILITARY SERVICE
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ALLEGHENY
SS
Lauren Berschler Karl, Esquire, being duly sworn according to law, deposes and states that she is
the attorney for Citizens Bank of Pennsylvania, and as such, is authorized to make this Affidavit on its
behalf, and that, to the best of her knowledge, information and belief, Defendants, Geoff Farina, Known
Heir to Kathleen L. Russell, Deceased and Amy J. Farina, Known Heir to Kathleen L. Russell, Deceased,
are not in the military or naval service of the United States or its allies or otherwise within the provisions
of the Soldiers and Sailors Civil Relief Act of 1940 and/or its amendments.
n
41en Bersc ler Karl, Esquire
Sworn to and subscribed
before me this day
of 12012.
r
(Notary Publ'
Dubuc ?
My Flllp'-Cs 10d. 1, 21)"t 51
EXHIBIT "A"
THE LAW OFFICES OF LAUREN BERSCHLER KARL, LLC
Lauren Berschler Karl, Esquire
Identification No. 88209 Attorneys for Plaintiff
355 Fifth Avenue, Suite 400
Pittsburgh, PA 15222
Phone: (412) 232-0808
Fax: (412)232-0773
CITIZENS BANK OF PENNSYLVANIA
Plaintiff,
v.
GEOFF FARINA, ONLY IN HIS CAPACITY
AS KNOWN HEIR TO KATHLEEN L.
RUSSELL, DECEASED
AND
AMY J. FARINA, ONLY IN HER CAPACITY
AS KNOWN HEIR TO KATHLEEN L.
RUSSELL, DECEASED
Defendants.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY 5'
NO.: 2011-8161
`? y3
. ?v
ORDER
n:
-a
G
AND NOW, this / day of 1V &? , 2012, upon consideration
of Plaintiff, Citizens Bank of Pennsylvania's, Motion for Alternate Service pursuant to Pa.R.C.P
410(c) and 430(a) for good cause having been shown, it is hereby ORDERED that the said
Motion is GRANTED. Plaintiff shall, pursuant to Pa.R.C.P. 410(c)(2) and 410(c)(3), serve
original process upon Defendants, Geoff Farina and Amy J. Farina, Known Heirs to Kathleen L.
Russell, Deceased, by posting a copy thereof upon on the most public part of the real property
located at the Mortgaged Property located at 1389 Lowther Road, Camp Hill, PA 17011, and by
mailing a copy of the Complaint and Notice to Defend via regular and certified mail to
Defendant, Geoff Farina, Known Heir to Kathleen L. Russell, Deceased at his last known
address of 1389 Lowther Road, Camp Hill, PA 17011 and via regular and certified mail to
Defendant, Amy J. Farina, Known Heir to Kathleen L. Russell, Deceased at her last known
address of 1737 Irving St., NW, Washington, D, C. 20010. Thereafter, Plaintiff may serve all
further legal papers in this matter, including, but not limited to, any Notices of Sheriff s Sale,
upon Defendant, Geoff Farina, Known Heir to Kathleen L. Russell, Deceased at 1389 Lowther
Road, Camp Hill, PA 17011 and Defendant, Amy J. Farina, Known Heir to Kathleen L. Russell,
Deceased at 1737 Irving St., NW, Washington, D.C. 20010, by any manner authorized under I
Pa.R.C.P. 410 and/or 440.
BY THE COURT:
J.
EXHIBIT "B"
THE LAW OFFICES OF LAUREN BERSCHLER KARL, LLC
Lauren Berschler Karl, Esquire
Identification No. 88209 Attorneys for Plaintiff
355 Fifth Avenue, Suite 400
Pittsburgh, PA 15222
Phone: (412) 232-0808
Fax: (412)232-0773
CITIZENS BANK OF PENNSYLVANIA
Plaintiff;
V.
GEOFF FARINA, ONLY IN HIS CAPACITY
AS KNOWN HEIR TO KATHLEEN L.
RUSSELL, DECEASED
AND
AMY J. FARINA, ONLY IN HER CAPACITY
AS KNOWN HEIR TO KATHLEEN L.
RUSSELL, DECEASED
Defendants.
COURT OF COMMON PLEAS '-
CUMBERLAND COUNTY
NO.: 2011-8161 _
r c
- '-
r ^
AFFIDAVIT OF SERVICE
I, Lauren Berschler Karl, Esquire, attorney for Plaintiff, Citizens Bank of Pennsylvania, in the
above-captioned matter, hereby certify that service of the Reinstated Complaint and Notice to Defend,
J. Farina, Known Heir to Kathleen L. Russell, Deceased, pursuant to
was served upon Defendant, Amy
Court Order by mailing a copy of the Complaint and Notice to Defend by regular and certified mail on
March 21, 2012, to 1737 Irving St., NW, Washington, D.C. 20010 and Defendant, Geoff Farina, Known
Heir to Kathleen L. Russell, Deceased, pursuant to Court Order by mailing a copy of the Complaint and
Notice to Defend by regular and certified mail on March 21, 2012, to 1389 Lowther Road, Camp Hill, PA
17011. See Exhibit "A."
Additionally, service of the Reinstated Complaint, Notice to Defend and Urgent Notice was also
served upon Defendants, Geoff Farina and Amy J. Farina, Known Heirs to Kathleen L. Russell,
Deceased, pursuant to Court Order by having the Sheriff of Cumberland County post the Property located
at 1389 Lowther Road, Camp Hill, PA 17011, on March 25, 2012. See Exhibit "B."
Respectfully Submitted,
Sworn a d S scribed tZefore e
on this `day of Tie '20t 201.2
Notary Public
My 't :7::.'> 4i.w 1, ! 33
THE LAW OFFICES OF
LAUREN BERSCHLER KARL, LLC
ra 9t4AG1wL ? -'
L . e erschlery,arl, Esquire
Attorney for Plaintiff
EXHIBIT "A"
THE LAW OFFICES OF
LAUREN BERSCHLER KARL, LLC
Park Building licensed in PA and NJ
lbkazl?a lbkarllaw.cam
355 Fifth Avenue, Suite 400
Pittsburgh, PA 15222
412-232-0808
Fax: 412-232-0773
March 21, 2012
VIA CERTIFIED AND REGULAR MAIL
Geoff Farina, Known Heir
to Kathleen L. Russell, Deceased
1389 Lowther Road,
Camp Hill, PA 17011
Re: Citizens Bank of Pennsylvania v. Geoff Farina, Only tea, Only in as Known Capacity
Heir to Kathleen L. Russell, Deceased and Amy J.
as Known Heir to Kathleen L. Russell, Deceased
CCP, Cumberland County, Docket No. 2011-8161
Dear Mr. Farina:
Please be informed, this firm represents Citizens Bank of
find a time -s ania C'Citizens
copy of ) tamPed
with respect to the above-referenced matter. Inclosed please
Citizens' Reinstated Complaint in Mortgage Foreclosure and Notice to Defend were
on October 27,
originally filed with the Court of Common Pleas of Cumberland county
2011, and reinstated on March 19, 2012. Please be advised, that purst tma nc°'s
Order (which is also enclosed), original service can be made upon YOU y g•
Accordingly, you have twenty (20) days from date of this letter to respond to this Complaint
or a Default Judgment may be entered against you.
Please be guided accordingly.
S'ncerely,
ler 1
u u en 4Be
LBK/jes
Enclosures
U.S. Postal Service
CERTIFIEDMAIL
M Only: No Insurancc
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441-7
77 L.B. Karl
?. Park But1ding
i
355 Fifth Avenue Su -
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Pittsburgh, PA 151 49
To: L - -
.
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P5 Form 3$17. Apr! 2007 PSN 7530-02-WO-W65 _ m
r
R-j
THE LAW OFFICES OF
LAUREN BERSCHLER KARL, LLCicensed ;n FA and NJ
Park Building
lbkarlCa)16karllaw.cotn 355 Fifth Avenue, Suite 400
Pittsburgh, ;PA 15222
412-232-0808
Fax: 412-232-0'773
March 21, 2012
VIA CERTIFIED AND REGULAR MAIL
Amy J. Farina, Known Heir
to Kathleen L. Russell, Deceased
1737 Irving St., NW,
y4lashington, D.C. 20010
Only in His Capacity as Known
Re: Citizens Bank of Pennsylvania v. Geoff Farina, Farina, Only in Her Capacity
Heir to Kathleen L. Russell, Deceased and Amy J.
eceased
as Known Heir to Kathleen L. Rk Docket No 2011-8161
CCP, Cumberland County,
Dear Ms. Farina:
Please be informed, this firm represents losed Citizens Bank of Pennsylvania ed` ?iQize ofd
were
with respect to the above-referenced matter. Enc r can find a t to De end pY
Citizens' Reinstated Complaint in Mortgage'Forecf sure and Notice to ounty Def on end whit October 27,
Cumberland C
originally filed with the Court of Common Pleas o cant to the Court's
, and reinstated on March 19, 2012. Please be advised, that p yo u by mailing.
2011, also enclosed), original service can be made upon saint
Order (which is 20 days from date of this letter to respond to this comp
Accordingly, you have twenbty entered agaixst you.
or a Default judgment may
Please be guided accordingly.
nncerely,
ck W per Karl
LBK/jes
Enclosures
Postal
"APT
MAIL
CERTIFIED f.,111 ()rj1y; NO
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"POSTAL ERYK E• Certificate Of Mai(tng
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This
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Suit
ifth Avenue
,
355 F
Pittsburgh, PA 152 29 =~; _
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.
PS r- om 3811. AprA 2007 PSN 7530-02-000-9055 L a _
??..{
EXHIBIT "B"
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff G4`1ajr at +Cuu?t+crfib
Jody S Smith Chief Deputy
-;Ato
Richard W Stewart ¢Frjf, FFh,EI .IFF
Solicitor
Case Number
Citizens Bank of Pennsylvania 2011-8161
VS.
Geoff Farina (et al.)
SHERIFF'S RETURN OF SERVICE
Burgett, Deputy Sheriff, who being duly sworn according to law, states that on March
Foreclosure, upon the 28,
03/28!2012 03:40 PM - Ryan of the within Complaint in Mortgage 2012 at 1540 hours, he served a true copy
within named defendant, to wit: Geoff Farina, Known Heir to Kathleen L. Russell, Cumberland County, to
order of court by posting the premises located at 38 L te Road, Camp
law.
Pennsylvania 17011 with a true and correct copy . according
BiRERT,????
RYAN e A
duly swom according to law, states that on March 28,
being
0312812012 03:40 PM - Ryan Burgett, Deputy Sheriff, who of the within Complaint in Mortgage Foreclosure, upon the
2012 at 15e hours, he served a true copy
within named defendant, to wit: Amy J. Farina, Known Heir to Kathleen L. RuHkellCumberland County,t to
ad, Camp
order of court by posting the premises located at 389odfLowther law.
Pennsylvania 17011 with a true and correct copy
RYAN BURG DEPUTY
SHERIFF COST: $71.00
SO ANSWERS,
4RON ANDERSON, SHERIFF
March 30, 2012
?c: ' 'jr.,swe S9,,0 Tel40910, lour
EXHIBIT "C"
THE LAW OFFICES OF
LAUREN BERSCHLER KARL, LLC
lbkarl@lbkarllaw.com Park Building licensed in NJ and PA
355 Fifth Avenue, Suite 400
Pittsburgh, PA 15222
412-232-0808
Fax: 412-232-0773
April 20, 2012
Geoff Farina, Known Heir
to Kathleen L. Russell, Deceased
1389 Lowther Road
Camp Hill, PA 17011
Re: Citizens Bank of Pennsylvania v. Geoff Farina, Only in His Capacity as Known
Heir to Kathleen L. Russell, Deceased and Amy J. Farina, Only in Her Capacity
as Known Heir to Kathleen L. Russell, Deceased
CCP, Cumberland County, Docket No. 2011-8161
Dear Mr. Farina:
Please note, this office represents Citizens Bank of Pennsylvania in the above-referenced
matter. Enclosed please find a Notice of Intention to Enter Judgment by Default.
ii rely,
n er?c ler arl
es
Enclosure
Russell. l ODayLtr.042012
THE LAW OFFICES OF LAUREN BERSCHLER KARL, LLC.
Lauren Berschler Karl, Esquire
Attorney Id. No. 88209
Park Building
355 Fifth Avenue, Suite 400
Pittsburgh, PA 15222
412-232-0808
Fax: 412-232-0773
CITIZENS BANK OF PENNSYLVANIA
Plaintiff,
V.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
GEOFF FARINA, ONLY IN HIS CAPACITY
AS KNOWN HEIR TO KATHLEEN L.
RUSSELL, DECEASED
AND
AMY J. FARINA, ONLY IN HER CAPACITY
AS KNOWN HEIR TO KATHLEEN L.
RUSSELL, DECEASED
Defendants.
NO.: 2011-8161
To: GEOFF FARINA, ONLY IN HIS CAPACITY AS KNOWN
HEIR TO KATHLEEN L. RUSSELL, DECEASED
Date of Notice: April 20, 2012
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE
COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST
YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A
JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU
MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
Russell. TenDayNotice.042012
-1-
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.
LAWYER REFERRAL SERVICE
CUMBERLAND COUNTY BAR ASSOCIATION
32 South Bedford Street
Carlisle, PA 17013
1-800-990-9108
717-249-3166
Respectfully submitted,
THE LAW OFFICES OF
LAUREN BERSCHLER KARL, LLC
BY:
Puren Bers'd filer Karl, Esquire
Attorney for Plaintiff,
Citizens Bank of Pennsylvania
Russell. TenDayNotice.042012
-2-
EXHIBIT "D"
THE LAW OFFICES OF
LAUREN BERSCHLER KARL, LLC
lbkarl@lbkarllaw.com Park Building licensed in NJ and PA
355 Fifth Avenue, Suite 400
Pittsburgh, PA 15222
412-232-0808
Fax: 412-232-0773
April 20, 2012
Amy J. Farina, Known Heir
to Kathleen L. Russell, Deceased
1737 Irving St., NW
Washington, D.C. 20010
Re: Citizens Bank of Pennsylvania v. Geoff Farina, Only in His Capacity as Known
Heir to Kathleen L. Russell, Deceased and Amy J. Farina, Only in Her Capacity
as Known Heir to Kathleen L. Russell, Deceased
CCP, Cumberland County, Docket No. 2011-8161
Dear Mr. Farina:
Please note, this office represents Citizens Bank of Pennsylvania in the above-referenced
matter. Enclosed please find a Notice of Intention to Enter Judgment by Default.
Sftcerely,
ju n e i
LBK/j es
Enclosure
Russell. I ODayLtr.042012
THE LAW OFFICES OF LAUREN BERSCHLER KARL, LLC.
Lauren Berschler Karl, Esquire
Attorney Id. No. 88209
Park Building
355 Fifth Avenue, Suite 400
Pittsburgh, PA 15222
412-232-0808
Fax: 412-232-0773
CITIZENS BANK OF PENNSYLVANIA
Plaintiff,
v.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
GEOFF FARINA, ONLY IN HIS CAPACITY
AS KNOWN HEIR TO KATHLEEN L.
RUSSELL, DECEASED
AND
AMY J. FARINA, ONLY IN HER CAPACITY
AS KNOWN HEIR TO KATHLEEN L.
RUSSELL, DECEASED
Defendants.
----------------------------------------------------------
NO.: 2011-8161
To: AMY J. FARINA, ONLY IN HER CAPACITY AS KNOWN
HEIR TO KATHLEEN L. RUSSELL, DECEASED
Date of Notice: April 20, 2012
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE
COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST
YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A
JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU
MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
Russell. TenDayNotice.042012
-1-
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.
LAWYER REFERRAL SERVICE
CUMBERLAND COUNTY BAR ASSOCIATION
32 South Bedford Street
Carlisle, PA 17013
1-800-990-9108
717-249-3166
Respectfully submitted,
THE LAW OFFICES OF
LAUREN BERSCHLER KARL, LLC
BY:
i? J4, ? (j
uren Bers er Karl, Esquire
Attorney for Plaintiff,
Citizens Bank of Pennsylvania
Russell. TenDayNotice. 042012
-2-
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO. 11-8161 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due CITIZENS BANK OF PENNSYLVANIA Plaintiff (s)
From GEOFF FARINA, ONLY IN HIS CAPACITY AS KNOWN HEIR TO KATHLEEN L.
RUSSELL, DECEASED AND AMY J. FARINA, ONLY IN HER CAPACITY AS KNOWN HEIR
TO KATHLEEN L. RUSSELL, DECEASED
(1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
DESCRIPTION.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof,
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due: $120,399.86 L.L.: $.50
Interest $2,514.24 FROM 5/3/12- 12/5/12 ($11.64/DAY), PLUS
Atty's Comm: % Due Prothy: $2.25
Atty Paid: $270.25
Other Costs:
Plaintiff Paid:
Date: 6/7/2012
David D. Buell, Prothonota
(Seal)
Deputy
REQUESTING PARTY:
Name: LAUREN BERSCHLER KARL, ESQUIRE
Address: LAW OFFICES OF LAUREN BERSCHLER KARL LLC
355 FIFTH AVENUE, SUITE 400
PITTSBURGH. PA 15222
Attorney for: PLAINTIFF
Telephone: 412-232-0808
Supreme Court ID No. 88209
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PRAECIPE FOR WRIT OF EXECUTION
GEOFF FARINA, ONLY IN HIS CAPACITY Amount Due: $120,399. , pus
AS KNOWN HEIR TO KATHLEEN L. Interest: $2,514.24 from 05/03/12-
RUSSELL, DECEASED 12/05/12 ($11.64/day), plus
AND Atty's Comm: $0.00, plus
AMY J. FARINA, ONLY IN HER CAPACITY Costs: Lobe added
AS KNOWN HEIR TO KATHLEEN L.
RUSSELL, DECEASED Y " ;-
Defendants.
------------------------------------------------------
TO THE PROTHONOTARY OF CUMBERLAND COUNTY: , C? `
The undersigned hereby certifies that the below does not arise out of a retail insfillrriefit s e,
contract, or account based on a confession of judgment, but if it does, it is based on the appropriate
original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to
Act 6 of 1974 as amended.
CITIZENS BANK OF PENNSYLVANIA ? Confession Judgment
Plaintiff, ¦ Other - MORTGAGE FORECLOSURE
File No. 2011-8161 Civil Term
' 86 1
Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt,
interest and costs, upon the following described property of the defendant(s)
1389 Lowther Road,
Camp Hill, PA 17011
as more fully described in Exhibit "A" attached hereto.
Date: V htl _
'5DO Qf?
DA
Dot% 11
a a. ?, u
1? ?S ,,«
Signature:
4
Print Name: Bershle Karl Es uire
wren
Address: 355 Fifth Avenue, Suite 400
Pittsburgh, PA 15222
Attorney for: Plaintiff
Telephone: 412-232-0808
Supreme Court ID No.: 88209
tea. so c?
a ? 63 Is
(1,?,, a 86 ? ?s,?
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 Deed
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 [now deceased].
BEING COMMONLY KNOWN AS: 1389 Lowther Road, Camp Hill, PA 17011
PARCEL NO. 13-23-0545-218
E.zvxxIBIT "A"
THE LAW OFFICES OF LAUREN BERSCHLER KARL, LLC.
Lauren Berschler Karl, Esquire
Attorney Id. No. 88209 Attorney for Plaintiff
355 Fifth Avenue, Suite 400
Pittsburgh, PA 15222
412-232-0808
Fax: 412-232-0773
CITIZENS BANK OF PENNSYLVANIA
Plaintiff,
V.
GEOFF FARINA, ONLY IN HIS CAPACITY
AS KNOWN HEIR TO KATHLEEN L.
RUSSELL, DECEASED
AND
AMY J. FARINA, ONLY IN HER CAPACITY
AS KNOWN HEIR TO KATHLEEN L.
RUSSELL, DECEASED
Defendants.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO.: 2011-8161
AFFIDAVIT PURSUANT TO RULE 3129.1
r { _. j I i I
0,110 M
,110 }?? i
_ ;N 10:5
?; °R C;1? Alai} COWJ
P' NSYLVANIA
LAUREN BERSCHLER KARL, ESQUIRE, attorney for Plaintiff in the above action,
sets forth, as of the date the Praecipe for the Writ of Execution was filed, the following
information concerning the real property located at 1389 Lowther Road Camp Hill, PA 17011,
as more fully described in the metes and bounds description attached hereto, and made a part
hereof, and identified as Exhibit "A":
Name and address of Owner(s) or Reputed Owner(s):
Name
Geoff Farina, Known Heir
to Kathleen L. Russell, Deceased
Amy J. Farina, Known Heir to
Kathleen L. Russell, Deceased
Address
1389 Lowther Road,
Camp Hill, PA 17011
1737 Irving St., NW,
Washington, D.C. 20010
2. Name and address of Defendant(s) in the judgment:
Name Address (if address cannot be
reasonably ascertained,
please so indicate)
Geoff Farina, Known Heir 1389 Lowther Road,
to Kathleen L. Russell, Deceased Camp Hill, PA 17011
Amy J. Farina, Known Heir to 1737 Irving St., NW,
Kathleen L. Russell, Deceased Washington, D.C. 20010
3
4.
6.
Name and last known address of every judgment creditor whose judgment is a
record lien on the real property to be sold:
Name Address (if address cannot be
reasonably ascertained,
please so indicate)
Citizens Bank of Pennsylvania 10561 Telegraph Road
Glen Allen, VA 23059
Name and last known address of the last recorded holder of every mortgage of
record:
Name
Address (if address cannot be
reasonably ascertained,
please so indicate)
Citizens Bank of Pennsylvania
1735 Market Street
Philadelphia, PA 19103
Name and address of every other person who has any record lien on the property:
Name Address (if address cannot be
reasonably ascertained,
please so indicate)
None.
Name and address of every other person who has any record interest in the
property and whose interest may be affected by the sale:
Name Address (if address cannot be
reasonably ascertained,
please so indicate)
PA Dept. of Public Welfare-
Bureau of Child Support
Health & Welfare Building
P.O. Box 2675
Harrisburg, PA 17105
Domestic Relations Section
of Cumberland County
13 North Hanover Street
Carlisle, PA 17013
Commonwealth of Pennsylvania 1131 Strawberry Square
Department of Revenue Inheritance 6t' Floor, Dept. 280601
Tax Division Harrisburg, PA 17128
Internal Revenue Service- 1000 Liberty Avenue, Room 112
Special Procedures Branch Pittsburgh, PA 15222
7. Name and address of every person of whom the Plaintiff has knowledge who has any
interest in the property which may be affected by the sale:
Name Address (if address cannot be
reasonably ascertained,
please so indicate)
Current Occupant(s) 1389 Lowther Road,
Camp Hill, PA 17011
Theodore J. Leo, Esquire The Law Offices of Theodore J. Leo
391 Franklin St., P.O. Box 1489
Bloomfield, NJ 07003
I verify that the statements made in this affidavit are true and correct to the best of my personal
knowledge, information and belief. I understand that false statements made herein are subject to the
penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsifications to authorities.
d4 I
511 \,
Date 4L?RBArschhllee Karl, Esquire
Sworn to and Sub71) before me
this ? day of 2012. _J -?
Notary Public
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
aAbbY equson, Notar y Publk
LC tsburgh, Allegheny County
Mission Expires Oct. 1, 2013
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 Deed
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 [now deceased].
BEING COMMONLY KNOWN AS: 1389 Lowther Road, Camp Hill, PA 17011
PARCEL NO. 13-23-0545-218
EXHIBIT "A"
THE LAW OFFICES OF LAUREN BERSCHLER KARL, LLC. ?.:
Lauren Berschler Karl, Esquire
Attorney Id. No. 88209 r.
Park Building Attorney for Plaint& 7 111 7 l 110: 4 8
355 Fifth Avenue, Suite 400 ", ,..RLA Ct
Pittsburgh, PA 15222 I- E-IM
S Y LVA 1 A
412-232-0808
Fax: 412-232-0773
------------------------------------------------------------
CITIZENS BANK OF PENNSYLVANIA
Plaintiff, COURT OF COMMON PLEAS
V. CUMBERLAND COUNTY
GEOFF FARINA, ONLY IN HIS CAPACITY NO.: 2011-8161
AS KNOWN HEIR TO KATHLEEN L.
RUSSELL, DECEASED
AND
AMY J. FARINA, ONLY IN HER CAPACITY
AS KNOWN HEIR TO KATHLEEN L.
RUSSELL, DECEASED
Defendants.
ACT 6 AND ACT 91 AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ALLEGHENY
SS.
I, Lauren Berschler Karl, Esquire, being duly sworn according to law, depose and say that
I am counsel for the Plaintiff, and that I am authorized to make this Affidavit on its behalf, and
that the provisions of Act 6 codified at 41 P. S. § 101 et seq. and the provisions of Act 91 codified
at 35 P.S. §1680.401c et seq. have been compli with.
J
Date en Bersc ler Karl, Esquire
Sworn to and Subs ribed before me
this '5 day of , 2012.
Notary Pub
COMMONWMTH OF PENNSYLVANIA
Notarial Seal
Abby Fer'uson, Notary Public
City of Pittsburgh, Allegheny County
My ConrnWW Bores Oct 1, 2013
THE LAW OFFICES OF LAUREN BERSCHLER KARL, LLC.
'Lauren Berschler Karl, Esquire ,_
?
Attorney Id. No. 88209 1
Attorney for Plaintiff
Park Building
355 Fifth Avenue, Suite 400
A,A 11 10' 4=
Pittsburgh, PA 15222 t3E t L i-AA D C?!} 1
412-232-0808 O
t ; Y??
Fax: 412-232-0773 ?
CITIZENS BANK OF PENNSYLVANIA
Plaintiff,
V.
GEOFF FARINA, ONLY IN HIS CAPACITY
AS KNOWN HEIR TO KATHLEEN L.
RUSSELL, DECEASED
AND
AMY J. FARINA, ONLY IN HER CAPACITY
AS KNOWN HEIR TO KATHLEEN L.
RUSSELL, DECEASED
Defendants.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO.: 2011-8161
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
TO THE DEFENDANTS: GEOFF FARINA, ONLY IN HIS CAPACITY AS KNOWN HEIR TO
KATHLEEN L. RUSSELL, DECEASED
AND
AMY J. FARINA, ONLY IN HER CAPACITY AS KNOWN HEIR TO
KATHLEEN L. RUSSELL, DECEASED
DATE OF SALE: DECEMBER 5, 2012 AT 10:00 A.M.
PROPERTY TO BE SOLD: 1389 LOWTHER ROAD, CAMP HILL, PA 17011
PLACE OF SALE: 1 COURTHOUSE COUNTY QUARE, CARLISLE, PA 17013
To prevent this Sheriff's Sale, you must take immediate action:
1. The sale will be canceled if you pay to Citizens Bank of Pennsylvania the sum of
$120,399.86, plus interest and costs. To find out how much you must pay, you
may call Lauren Berschler Karl, Esquire at (412) 232-0808.
2. You may be able to stop the sale by filing a petition asking the Court to strike or
open the judgment, if the Judgment was improperly entered. You may also ask
the Court to postpone the sale for good cause.
3. You may also be able to stop the sale through other legal proceedings.
You may need an attorney to assert your rights. The sooner you contact one, the more chance
'you will have of stopping the sale (See notice on page two and how to obtain an attorney).
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS
EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
1. If the Sheriff's Sale is not stopped, your property will be sold to the highest
bidder. You may find out the price by calling Lauren Berschler Karl, Esquire at
(412) 232-0808.
2. You may be able to petition the Court to set aside the sale if the bid price was
grossly inadequate compared to the value of your property.
The sale will go through only if the buyer pays the Sheriff the full amount due in
the sale. To find out if this has occurred, you may call Lauren Berschler Karl,
Esquire at (412) 232-0808.
4. If the amount due from the buyer is not paid to the Sheriff, you will remain the
owner of the property as if the sale never happened.
5. You have a right to remain in the property until the full amount due is paid to the
Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may
bring legal proceedings to evict you.
6. You may be entitled to a share of the money which was paid for your real estate.
A schedule of distribution of the money bid for your real estate will be filed by
the Sheriff on a date specified by sheriff not later than thirty (30) days following
the sale. This schedule will state who will be receiving that money. The money
will be paid out in accordance with this schedule unless exceptions (reasons why
the proposed distribution is wrong) are filed with the Sheriff within ten (10) days
after the filing of the schedule of distribution.
7. You may also have other rights and defenses or ways of getting your property
back if you act immediately after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE
A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 Bedford Street
Carlisle, PA 17103
1-800-990-9108
717-249-3166
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 a 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 Deed
dated November 29, 2004, and recorded with the Cumberland CounRecorder oand f Deeds Office
on November 30, 2004, in Deed Book Volume 266 page 2438, et seq., granted
unto Kathleen L. Russell [now deceased].
BEING COMMONLY KNOWN AS: 1389 Lowther Road, Camp Hill, PA 17011
PARCEL NO. 13-23-0545-218
EXHIBIT "A"
THE LAW OFFICES OF LAUREN BERSCHLER KARL, LLC.
Lauren Berschler Karl, Esquire
Attorney Id. No. 88209 y
4 Ii?,,
Park Building Attorney for Plaintiff
355 Fifth Avenue, Suite 400
Pittsburgh, PA 15222
412-232-0808 °? i?
Llat J COU14I r'
k?sy
Fax: 412-232-0773 `3 1r'Qf?I,Q,
------------------------------------------------------------
CITIZENS BANK OF PENNSYLVANIA
Plaintiff, COURT OF COMMON PLEAS
V. CUMBERLAND COUNTY
GEOFF FARINA, ONLY IN HIS CAPACITY NO.: 2011-8161
AS KNOWN HEIR TO KATHLEEN L.
RUSSELL, DECEASED
AND
AMY J. FARINA, ONLY IN HER CAPACITY
AS KNOWN HEIR TO KATHLEEN L.
RUSSELL, DECEASED
Defendants.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
TO THE DEFENDANTS: GEOFF FARINA, ONLY IN HIS CAPACITY AS KNOWN HEIR TO
KATHLEEN L. RUSSELL, DECEASED
AND
AMY J. FARINA, ONLY IN HER CAPACITY AS KNOWN HEIR TO
KATHLEEN L. RUSSELL, DECEASED
DATE OF SALE: DECEMBER 5, 2012 AT 10:00 A.M.
PROPERTY TO BE SOLD: 1389 LOWTHER ROAD, CAMP HILL, PA 17011
PLACE OF SALE: CUMBERLAND COUNTY COURTHOUSE,
1 COURTHOUSE SQUARE, CARLISLE, PA 17013
To prevent this Sheriff's Sale, you must take immediate action:
1. The sale will be canceled if you pay to Citizens Bank of Pennsylvania the sum of
$120,399.86, plus interest and costs. To find out how much you must pay, you
may call Lauren Berschler Karl, Esquire at (412) 232-0808.
2. You may be able to stop the sale by filing a petition asking the Court to strike or
open the judgment, if the Judgment was improperly entered. You may also ask
the Court to postpone the sale for good cause.
3. You may also be able to stop the sale through other legal proceedings.
,You may need an attorney to assert your rights. The sooner you contact one, the more chance
you will have of stopping Lthe sale (See notice on page two and how to E T obtain attorney).
YOU SAVE YOUR PROPERTY AND YOU HAVE OTHER IGHTS
MAY STILL 13E A
EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
If the Sheriff's Sale is not stopped, your property will be sold to the highest
bidder. You may find out the price by calling Lauren Berschler Karl, Esquire at
(412) 232-0808.
2. You may be able to petition the Court to set aside the sale if the bid price was
grossly inadequate compared to the value of your property.
The sale will go through only if the buyer pays the Sheriff the full amount due in
the sale. To find out if this has occurred, you may call Lauren Berschler Karl,
Esquire at (412) 232-0808.
4. If the amount due from the buyer is not paid to the Sheriff, you will remain the
owner of the property as if the sale never happened.
5. You have a right to remain in the property until the full amount due is paid to the
Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may
bring legal proceedings to evict you.
6. You may be entitled to a share of the money which was paid for your real estate.
A schedule of distribution of the money bid for your real estate will be filed by
the Sheriff on a date specified by sheriff not later than thirty (30) days following
the sale. This schedule will state who will be receiving that money. The money
will be paid out in accordance with this schedule unless exceptions (reasons why
the proposed distribution is wrong) are filed with the Sheriff within ten (10) days
after the filing of the schedule of distribution.
7. You may also have other rights and defenses or ways of getting your property
back if you act immediately after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE
A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 Bedford Street
Carlisle, PA 17103
1-800-990-9108
717-249-3166
ALL THAT CERTAIN lot of ground situate in the Township omfdLower
and des rib Ced as ounty follows, to
Cumberland, and State of Pennsylvania, more particularly
wit:
being t at the westerly line of Lot No. 6,
BEGINNING at a point on the southerly line of said Lowther
hundred fifty-five (355) feet
Block "N", on the hereinafter mentioned plan, sa pom g three
West of the southwest corner of Lowther Street anhund d twenty;(1thence along 20) feet to the
point; thencean
Lot No. 6, Block N' , in a southerly direction, one
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 HighCumberland County wing Blocks N", "O", "P",
"T and "R", recorded in Plan Book 4, Page 98, HAVING THEREON ERECTED a dwelling house known as No. 1389 Lowther Street. the
Ange
Trust BEING the same premise which Angela R. Long,C?berland Co tylReorder of Deeds OfDeed
e
dated November 29, 2004, and recorded with the ranted and conveyed
on November 30, 2004, in Deed Book Volume 266 page 2438, et seq., g
unto Kathleen L. Russell [now deceased].
BEING COMMONLY KNOWN AS: 1389 Lowther Road, Camp Hill, PA 17011
PARCEL NO. 13-23-0545-218
EXHIBIT "A"