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HomeMy WebLinkAbout12-0621 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA --r METRO BANK Fk/a CIVIL DIVISION Commerce Bank/Harrisburg, N.A., U a VI ( ??- 1 © a NO. -ate Plaintiff r"l dam °-° - "1 (- } , vs . c:' TYPE OF PLEADING ''` DIMITRIOS TSITSIRIS and - : Cl - " rJ VOULA TSITSIRIS, CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE Detendants. FILED ON BEHALF OF: Metro Bank f/k/a Commerce Bank/Harrisburg, N.A. Plaintiff TO: DEFENDANT(s) YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A DEFAULT JUDGMENT MAY BE ENTERED AGA YOU. I(A s ATTORNEY FOR PLAINTIFF I HEREBY CERTIFY THAT THE ADDRESS OF THE PLAINTIFF IS: COUNSEL OF RECORD FOR THIS PARTY: Scott A. Dietterick, Esquire Pa. I.D. #55650 Kimberly A. Bonner, Esquire Pa. I.D. #89705 Ralph M. Salvia, Esquire Pa. I.D. #202946 JAMES, SMITH, DIETTERICK & CONNELLY LLP P.O. Box 650 Hershey, PA 17033 (WIN) 111141 9900 3801 Paxton Streei Harrisburg. PA 171 11 AND THE DEFENDANT(S): 505 N. Enola Road IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA , METRO BANK f/k/a CIVIL DIVISION F *T._ Commerce Bank/Harrisburg, N.A., ( C VI - ? l a Plaintiff, '- 730 VS. C y ? :a" G7 t C• TYPE OF PLEADING DIMITRIOS TSITSIRIS and - VOULA TSITSIRIS, CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE Defendants. FILED ON BEHALF OF: Metro Bank f/k/a Commerce Bank/Harrisburg, N.A. Plaintiff TO: DEFENDANT(s) YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A DEFAULT JUDGMENT MAY BE ENTERED AGA YOU. l ATTORNEY FOR PLAINTIFF I HEREBY CERTIFY THAT THE ADDRESS OF THE PLAIN TIFF IS: 3801 Paxton Street Harrisburg, PA 17111 AND THE DEFENDANT(S): 505 N. Enola Road Enola, PA 170 z A O INTIFF COUNSEL OF RECORD FOR THIS PARTY: Scott A. Dietterick, Esquire Pa. I.D. #55650 Kimberly A. Bonner, Esquire Pa. I.D. #89705 Ralph M. Salvia, Esquire Pa. I.D. #202946 JAMES, SMITH, DIETTERICK & CONNELLY LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 CERTIFICATE OF LOCATION I HEREBY CERTIFY THAT THE LOCATION OF THE REAL ESTATE AFFECTED BY THIS LIEN IS 1124 West Powd rhor Drive, Mechanicsburg, PA 17050 ATTO EY OR PLA T _ S M 4 ?2* a? oso y IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. §1692 ET SEQ. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF, IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUES'T'ED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA METRO BANK f/k/a CIVIL DIVISION Commerce Bank/Harrisburg, N.A., Plaintiff, NO.. VS. DIMITRIOS TSITSIRIS and VOULA TSITSIRIS, Defendants. NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claim 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 INFOMRATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (717) 249-3166 (800) 990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA METRO BANK f/k/a CIVIL DIVISION Commerce Bank/Harrisburg, N.A., Plaintiff, NO.: VS. DIMITRIOS TSITSIRIS and VOULA TSITSIRIS, Defendants. AVISO USTED HA SIDO DEMONDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro do los proximos veinte (20) dias despues de la notifacacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comperencencia escrita y redicanco en la Courte por escrito sus defensas de, y objecciones a, los demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamation o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero O propieded u otros derechos importantes para usted. USTED DEI3E LLEVAR ESTE DOCUMENTO A SU ABAGADO IMMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A UNO, LLAME A VAYA A LA SIGUEINTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (717) 249-3166 (800) 990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA METRO BANK f/k/a CIVIL DIVISION Commerce Bank/Harrisburg, N.A., Plaintiff, NO.: vs. DIMITRIOS TSITSIRIS and VOULA TSITSIRIS, Defendants. CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE And now comes Metro Bank f/k/a Commerce Bank/Harrisburg, N.A., by its attorneys, James, Smith, Dietterick & Connelly LLP, and files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff is Metro Bank f/k/a Commerce Bank/Harrisburg, N.A., which has its principal place of business at 3801 Paxton Street, Harrisburg, Pennsylvania 17111. 2. The Defendants, Dimitrios Tsitsiris and Voula Tsitsiris, are adult individuals whose last known address is 505 N. Enola Road, Enola, Pennsylvania 17025. 3. On or about May 5, 2003, Defendants executed a Home Equity Line of Credit Agreement and Disclosure ("Agreement') in favor of Plaintiff in the original principal amount of $100,000.00. A true and correct copy of said Agreement is marked Exhibit "A", attached hereto and made a part hereof. 4. On or about May 5, 2003, as security for payment of the aforesaid Agreement, Defendants made, executed and delivered to Plaintiff a Mortgage in the original principal amount of $100,000.00 on the premises hereinafter described, with said Mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County. A true and correct copy of said Mortgage containing a description of the premises subject to said Mortgage is marked Exhibit "B", attached hereto and made a part hereof. 5. On or about December 15, 2005, the aforesaid Mortgage was modified to increase the credit limit from $100,000.00 to $200,000.00, pursuant to the terms of a Modification of Mortgage. A true and correct copy of said Modification is marked Exhibit "C", attached hereto and made a part hereof. 6. On or about January 30, 2009, Plaintiff and Defendants mutually agreed to increase the maximum amount of the Note and Mortgage to $250,000.00. 7. Defendants are the record and real owners of the aforesaid mortgaged premises. 8. Defendants are in default under the terms of the aforesaid Mortgage and Agreement for, inter alia, failure to pay the monthly installments of principal and interest when due. 9. On or December 21, 2011, Defendants were mailed Notices of Intention to Foreclose Mortgage in compliance with Act 6 of 1974, 41 P. S. 3101, et seq. True and correct copies of said Notices are marked Exhibit "D", attached hereto and made a part hereof. 10. The amount due and owing Plaintiff by Defendants is as follows: Principal $ 217,306.80 Interest through 1/27/2012 $ 2,288.03 Late Charges $ 270.10 Attorney's Fees $ 1,300.00 Title Costs $ 410.00 TOTAL $ 221,574.93 plus interest on the principal sum ($217,306.80) from January 27, 2012, at the rate of $19.29 per diem, plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount due of $221,574.93, with interest thereon at the rate of $19.29 per diem from January 27, 2012 plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. JAMES, SMITH, DIETTERICK & CONNELLY LLP Dated: 1 l BY: Scott A. Dietterick, squn=e I PA I.D. # 55650 Kimberly A. Bonner, Esquire PA I.D. #89705 Ralph M. Salvia, Esquire PA I.D. #202946 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. EXHIBIT "A" HOME EQUITY E CREDIT AGREEMENT A DISCLOSURE References in the shaded area are for our use only and do not limit the applicability of this document to any particular loan or item. Any item above containing ""'" has been omitted due to text length limitations. Borrower: Dimitrios Tsitsiris (SSN: 208-60-4140) Voula Tsitsiris (SSN: 163-52-6454) 1124 W. Powderhorn Drive Mechanicsburg, PA 17050 Lender: COMMERCE BANK/HARRISBURG N.A. CAMP HILL 100 SENATE AVENUE CAMP HILL, PA 17011 (717) 972-2875 CREDIT LIMIT: $100,000.00 DATE OF AGREEMENT: May 5, 2003 Introduction. This HOME EQUITY LINE CREDIT AGREEMENT AND DISCLOSURE ("Agreement") governs your line of credit (the "Credit Line" or the "Credit Line Account") issued through COMMERCE BANKIHARRISBURG N.A.. 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 COMMERCE BANK/HARRISBURG N.A.. You agree to the following terms and conditions: Promise to Pay. You promise to pay COMMERCE BANK/HARRISBURG N.A., or order, the total of all credit advances and FINANCE CHARGES, together with all costs and expenses for which you are responsible under this Agreement or under the"Mortgage" which secures your Credit Line. You will pay your Credit Line according to the payment terms set forth below. If there is more than one Borrower, each is jointly and severally liable on this Agreement. This means we can require any Borrower to pay all amounts due under this Agreement, including credit advances made to any Borrower. 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 Borrower from responsibility under this Agreement, and the others will remain responsible. Term. The term of your Credit Line will begin as of the date of this Agreement ("Opening Date") and will continue until May 5, 2018 ("Maturity Date"). All indebtedness under this Agreement, if not already paid pursuant to the payment provisions below, will be due and payable upon maturity. The draw period of your Credit Line 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, the receipt of all required certificates of noncancellation, and the meeting of all of our other conditions and will continue as follows: Five years following the expiration of the right to cancel. You may obtain credit advances during this period ("Draw Period"). After the Draw Period ends, the repayment period will begin andyou will no longer be able to obtain credit advances. The length of the repayment period is as follows: Until the Credit agreement is terminated by the Borrower of the Lender. You agree that we may renew or extend the period during which you may obtain credit advances or make payments. You further agree that we may renew or extend your Credit Line Account. Minimum Payment. Your "Regular Payment" will be based on a percentage of your outstanding balance plus all accrued FINANCE CHARGES as shown below ("First Payment Stream"). Your payments will be due monthly. Range of Balances Number of Payments Regular Payment Calculation All Balances 0.555% of your outstanding balance plus all accrued FINANCE CHARGES Your "Minimum Payment" will be the Regular Payment, plus any amount past due and all other charges. An increase in the ANNUAL PERCENTAGE RATE may increase the amount of your Regular Payment. After completion of the First Payment Stream, your "Regular Payment" will be based on a percentage of your outstanding balance as shown below ("Second Payment Stream"). Your payments will be due monthly. Range of Balances Number of Payments Regular Payment Calculation All Balances 174 0.555% of your outstanding balance Your "Minimum Payment" will be the Regular Payment, plus any amount past due and all other charges. A change in the ANNUAL PERCENTAGE RATE can cause the balance to be repaid more quickly or more slowly. When rates decrease, less interest is due, so more of the payment repays the principal balance. When rates increase, more interest is due, so less of the payment repays the principal balance. if this happens, we may adjust your payment as follows: your final payment may be increased. Each time the ANNUAL PERCENTAGE RATE increases, We will check to see K your payment is sufficient to pay the interest due. If it is not, your payment may be increased by an amount sufficient to cover all accrued FINANCE CHARGES. In any event, if your Credit Line balance falls below $50.00, you agree to pay your balance in full. You agree to pay not less than the Minimum Payment on or before the due date. How Your Payments Are Applied. Unless otherwise agreed or required by applicable law, payments and other credits will be applied first to Finance Charges; then to any voluntary credit life and disability insurance premiums; then to unpaid principal; then to late charges and other charges; and then to any amounts that exceed your Credit Limit. Credit Limit. This Agreement covers a revolving line of credit for the principal amount of One Hundred Thousand & 00/100 Dollars ($100,000.00), which will be your "Credit Limit" under this Agreement. During the Draw Period we will honor your request for credit advances subject to the section below on Lender's Rights. 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. Your Credit Limit is the maximum amount you may have outstanding at any one time. 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. Any credit advances in excess of your Credit Limit will not be secured by the Mortgage covering your principal dwelling. 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, the Mortgage or 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 titled "Insurance" below or as described in the Mortgage for this transaction. 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 principal dwelling. These costs or expenses include, without limitation, payments to cure defaults under any existing liens on your principal 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, uncer the Credit Line. However, we have no obligation to provide any of the credit advances referred to in this paragraph. HOME EQUITY LINE CREDIT AGREEMENT AND DISCLOSURE (Continued) Page 2 Credit Advances. After the Effective Disbursement Date of this Agreement, you may obtain credit advances under your Credit Line as follows: Credit Line Checks. Writing a preprinted "Equity Reserve Advance Check" that we will supply to you. If there is more than one person authorized to use this Credit Line Account, you agree not to give us conflicting instructions, such as one of you telling us not to give advances to the other. Limitations on the Use of Checks. We reserve the right not o honor Equity Reserve Advance Checks in the following circumstances: Credit Limit Violation. Your Credit Limit has been or would be exceeded by paying the Equity Reserve Advance Check. Post-dated Checks. 'Your Equity Reserve Advance Check is post-dated. If a post-dated Equity Reserve Advance Check is paid and as a result any other check is returned or not paid, we are not responsible. Stolen Checks. Your Equity Reserve Advance Checks have been reported lost or stolen. Unauthorized Signatures. Your Equity Reserve Advance Check is not signed by an "Authorized Signer" as defined below. Termination or Suspension. Your Credit Line has been terminated or suspended as provided in this Agreement or could be if we paid the Equity Reserve Advance Check. Transaction Violation. Your Equity Reserve Advance Check is less than the minimum amount required by this Agreement or you are in violation of any other transaction requirement or would be if we paid the Equity Reserve Advance Check. If we pay any Equity Reserve Advance Check under these conditions, you must repay us, subject to applicable laws, for the amount of the Equity Reserve Advance Check. The Equity Reserve Advance 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. We may choose not to return Equity Reserve Advance Checks along with your periodic statements; however, your use of each Equity Reserve Advance Check will be reflected on your periodic statement as a credit advance. We do not "certify" Equity Reserve Advance Checks drawn on your Credit Line. Transaction Requirements. The following transaction limitations will apply to the use of your Credit Line: Credit Line Equity Reserve Advance Check Limitations. There are no transaction limitations for the writing of Equity Reserve Advance Checks. Authorized Signers. The words "Authorized Signer" on Equity Reserve Advance Checks as used in this Agreement mean and include each person who (a) signs the application for this Credit Line, (b) signs this Agreement, or (c) has executed a separate signature authorization card for the Credit Line Account. Lost Equity Reserve Advance Checks. If you lose your Equity Reserve Advance Checks or If someone is using them without your permission, you agree to let us know immediately. The fastest way to notify us is by calling us at (717) 972-2875. You also can notify us at our address shown at the beginning of this Agreement. Future Credit Line Services. Your application for this Credit Line also serves as a request to receive any new services (such as access devices) which may be available at some future time as one of our services in connection with this Credit Line. You understand that this request is voluntary and that you may refuse any of these new services at the time they are offered. You further understand that the terns and conditions of this Agreement will govern any transactions made pursuant to any of these new services. Collateral. You acknowledge this Agreement is secured by 1124 West Powderhom Drive, Mechanicsburg, Hampden Township, Cumberland County, Pennsylvania. Property Insurance. You must obtain insurance on the Property securing this Agreement that is reasonably satisfactory to us. You may obtain property insurance through any company of your choice that is reasonably satisfactory to us. You have the option of providing any insurance required under this Agreement through an existing policy or a policy independently obtained and paid for by you, subject to our right, for reasonable cause before credit is extended, to decline any insurance provided by you. Subject to applicable law, if you fail to obtain or maintain insurance as required 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. Further information concerning these property insurance requirements is set forth in the Mortgage. Right of Setoff. To the extent permitted by applicable law, we reserve a right of setoff in all your accounts with us (whether checking, savings, or some other account), including without limitation, all accounts you may open in the future. However, this does not include any IRA or Keogh accounts, or any trust accounts for which setoff would be prohibited by law. You authorize us, to the extent permitted by applicable law, to charge or setoff all sums owing on this Agreement against any and all such accounts. When FINANCE CHARGES Begin to Accrue. Periodic FINANCE CHARGES for credit advances under your Credit Line will begin to accrue on the date credit advances are posted to your Credit Line. There is no "free ride period" which would allow you to avoid a FINANCE CHARGE on your Credit Line credit advances. Method Used to Determine the Balance on Which the FINANCE CHARGE Will Be Computed. A daily FINANCE CHARGE will be imposed on all credit advances made under your Credit Line imposed from the date of each credit advance based on the "average daily balance" method. To get the average daily balance, we take the beginning balance of your Credit Line Account each day, add any new advances and subtract any payments or credits and any unpaid FINANCE CHARGES. This gives us a daily balance. Then, we add up all the daily balances for the statement cycle and divide the total by the number of days in the statement cycle. This gives us the "average daily balance." Method of Determining the Amount of FINANCE CHARGE. Any FINANCE CHARGE is determined by applying the "Periodic Rate" to the balance described herein. Then we multiply by the number of days in the statement cycle. This is your FINANCE CHARGE calculated by applying a Periodic Rate. 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 which is the Prime Rate as published in the Money Rate Section of the Wall Street Journal. If a range of rates is published, the highest will be used (the "Index"). We will use the most recent Index value available to us as of the date of any ANNUAL PERCENTAGE RATE adjustment. The Index is not necessarily the lowest rate charged by us on our loans. If the Index becomes unavailable during the term of this Credit Line Account, we may designate a substitute index after notice to you. To determine the Periodic Rate that will apply to your First Payment Stream, we subtract a margin from 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 for your First Payment Stream. To determine the Periodic Rate that will apply to your Second Payment Stream, we take 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 for your Second Payment Stream. The ANNUAL PERCENTAGE RATE includes only interest and r tether costs. The Periodic Rate and the corresponding ANN( PERCENTAGE RATE on your Credit Line will ins, se or decrease as the Index increases or HOME EQUIT' INE CREDIT AGREEMENT ANC SCLOSURE (Continued) Page 3 decreases from time to time. Any increase in the Periodic Rate will take the form of a higher final payment. Adjustments to the Periodic Rate and the corresponding ANNUAL PERCENTAGE RATE resulting from changes in the Index will take effect Quarterly. In no event will the corresponding ANNUAL PERCENTAGE RATE be more than the lesser of 18.000% or the maximum rate allowed by applicable law. Today the Index is 4.250% per annum, and therefor6 the initial Periodic Rate and the corresponding ANNUAL PERCENTAGE RATE on your Credit Line are as stated below: Current Rates for the First Payment Stream Range of Balance Margin Added ANNUAL PERCENTAGE or Conditions to Index RATE All Balances -0.500% 3.750% Current Rates for the Second Payment Stream Range of Balance ANNUAL PERCENTAGE or Conditions RATE All Balances 4.250% Daily Periodic Rate 0.01027% Daily Periodic Rate 0.01164% Notwithstanding any other provision of this Agreement, we will not charge interest on any undisbursed loan proceeds, except as may be permitted during any Right of Rescission period. Conditions Under Which Other Charges May Be Imposed. You agree to pay all the other fees and charges related to your Credit Line as set forth below: Returned Items. You may be charged $10.00 if you pay your Credit Line obligations with a check, draft, or other item that is dishonored for any reason, unless applicable law requires a lower charge or prohibits any charge. Fee to Stop Payment. Your Credit Line Account may be charged $12.00 when you request a stop payment on your account. Late Charge. Your payment will be late if it is not received by us within 16 days after the "Payment Due Date" shown on the voucher you receive with each credit advance. If your payment is late we may charge you 5.000% of the payment. Lien Release Fees. In addition to all other charges, you agree, to the extent not prohibited by law, to pay all governmental fees for release of our security interests in collateral securing your Credit Line. You will pay these fees at the time the lien or liens are released. The estimated amount of these future lien release fees is $17.50. Lender's Rights. :Under this Agreement, we have the following rights: Termination-and Acceleration. We can terminate your Credit Line Account and require you to pay us the entire outstanding balance in one payment, and charge you certain fees, if any of the following happen: (1) You commit fraud or make a material misrepresentation at any time in connection with this Credit Agreement. This can include, for example, a false statement about your income, assets, liabilities, or any other aspects of your financial condition. (2) You do not meet the repayment terms of this Credit Agreement. (3) Your action or inaction adversely affects the collateral for the plan or our rights in the collateral. This can include, for example, failure to maintain required insurance, waste or destructive use of the dwelling, failure to pay taxes, death of all persons liable on the account, transfer of title or sale of the dwelling, creation of a senior lien on the dwelling without our permission, foreclosure by the holder of another lien, or the use of funds or the dwelling for prohibited purposes. Suspension or Reduction. In addition to any other rights we may have, we can suspend additional extensions of credit or reduce your Credit Limit during any period in which any of the following are in effect: (1) The value of your 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. (2) We reasonably believe that you will be unable to fulfill your payment obligations under your Credit Line Account due to a material change in your financial circumstances. (3) 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 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 or proceeds, 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. (4) We are precluded by government action from imposing the ANNUAL PERCENTAGE RATE provided for under this Agreement. (5) The priority of our security interest is adversely affected by government action to the extent that the value of the security interest is less than one hundred twenty percent (120%) of the Credit Limit (6) We have been notified by governmental authority that continued advances may constitute an unsafe and unsound business practice. 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). If the Index is no longer available, we will choose a new Index and margin. The new Index will have an historical movement substantially similar to the original Index, 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. We may prohibit additional extensions of credit or reduce your Credit Limit during any period in which the maximum ANNUAL PERCENTAGE RATE under your Credit Line Account is reached. Collection Costs. We may hire or pay someone else to help collect this Agreement if you do not pay. You will pay us that amount This includes, subject to any limits under applicable law, our attorneys' fees and our legal expenses, whether or not there is a lawsuit, including attorneys' fees, expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), and appeals. If not prohibited by applicable law, you also will pay any court costs, in addition to all other sums provided by law. Rate Increase. In addition to our other rights during termination and acceleration, we may increase the variable ANNUAL PERCENTAGE RATE under this Agreement to 2.000 percentage points over the then applicable ANNUAL PERCENTAGE RATE. The ANNUAL PERCENTAGE RATE will not exceed the maximum rate permitted by applicable law. If we do not increase the ANNUAL PERCENTAGE RATE upon termination or HOME EQUITY LINE CREDIT AGREEMENT AND DISCLOSURE (Continued) Page 4 acceleration of your Credit Line Account, it will continue at the variable rate in effect as of the date of termination or acceleration of your Credit Line Account. Access Devices. If your Credit Line is suspended or terminated, you must immediately return to us all Equity Reserve Advance Checks and any other access devices. Any use of Equity Reserve Advance Checks or other access devices following suspension or termination may be considered fraudulent. You will also remain liable for any further use of Equity Reserve Advance Checks or other Credit Line access devices not returned to us. Delay in Enforcement. We may delay or waive the enforcement of any of our rights under this Agreement without losing that right or any other right. If we delay or waive any of our rights, we may enforce that right at any time in the future without advance notice. For example, not terminating your account for non-payment will not be a waiver of our right to terminate your account in the future if you have not paid. Cancellation by you. If you cancel your right to credit advances under this Agreement, you must notify us and return all Equity Reserve Advance Checks and any other access devices to us. Despite cancellation, your obligations under this Agreement will remain in full force and effect until you have paid us all amounts due under this Agreement. Prepayment. You may prepay all or any amount owing under this Credit Line at any time without penalty, 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. You agree not to send us payments marked "paid in full", "without recourse", or similar language. If you send such a payment, we may accept it without losing any of our rights under this Agreement, and you will remain obligated to pay any further amount owed to us. All written communications concerning disputed amounts, including any check or other payment instrument that indicates that the payment constitutes "payment in full' of the amount owed or that is tendered with other conditions or limitations or as full satisfaction of a disputed amount must be mailed or delivered to: COMMERCE BANK/HARRISBURG N.A., CAMP HILL, 100 SENATE AVENUE, CAMP HILL, PA 17011. Notices. All notices will be sent to your address as shown in this Agreement. Notices will be mailed to you at a different address if you give us written notice of a different address. You agree to advise us promptly If you change your mailing address. Credit Information and Related Matters. You authorize us to release information about you to third parties as described in our privacy policy and our Fair Credit Reporting Act notice, provided you did not opt out of the applicable policy, or as permitted by law. You agree that, upon our request, you will provide us with a current financial statement, a new credit application, or both, on forms provided by us. You also agree we may obtain credit reports on you at any time, at our sole option and expense, for any reason, including but not limited to determining whether there has been an adverse change in your financial condition. 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. Transfer or Assignment. Without prior notice or approval from you, we reserve the right to sell or transfer your Credit Line Account and our rights and obligations under this Agreement 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. Upon any such sale or transfer, we will have no further obligation to provide you with credit advances or to perform any other obligation under this Agreement Tax Consequences. You understand that neither we, nor any of our employees or agents, make any representation or warranty whatsoever concerning the tax consequences of your establishing and using your Credit Line, including the deductibility of interest, and that neither we nor our employees or agents will be liable in the event interest on your Credit Line is not deductible. You should consult your own tax advisor for guidance on this subject. Notify Us of Inaccurate Information We Report To Consumer Reporting Agencies. Please notify us if we report any inaccurate information about your account(s) to a consumer reporting agency. Your written notice describing the specdic inaccuracy(ies) should be sent to us at the following address: COMMERCE BANKIHARRISBURG N.A., CAMP HILL, 100 SENATE AVENUE, CAMP HILL, PA 17011 Governing Law. This Agreement will be governed by and interpreted in accordance with federal law and the laws of the Commonwealth of Pennsylvania. This Agreement has been accepted by us in the Commonwealth of Pennsylvania. Caption Headings. Caption headings in this Agreement are for convenience purposes only and are not to be used to interpret or define the provisions of this Agreement. Interpretation. You agree that this Agreement, together with the Mortgage, is the best evidence of your agreements with us. 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. Severability. 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 will enforce the rest of the provisions of this Agreement even if a provision of this Agreement may be found to be invalid or unenforceable. 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 completed 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," given with the application. This Agreement is dated May 5, 2003. THIS AGREEMENT IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS AGREEMENT IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. BORROWER: X : {Seal) Dimitriog-T itsiris, Individu t ll f- I I X 4 4, ??= , (Seal) Voula sitsiris, Individually Effective Disbursement Date: EXHIBIT "B" RECORDATION REQUESTED BY: COMMERCE BANK/HARRISBURG N.A. CAMP HILL 100 SENATE AVENUE CAMP HILL, PA 17011 WHEN RECORDED MAIL TO: COMMERCE BANK/HARRISBURG N.A. CAMP HILL 100 SENATE AVENUE CAMP HILL, PA 17011 SEND TAX NOTICES TO: COMMERCE BANWHARRISBURG N.A. CAMP HILL 100 SENATE AVENUE CAMP HILL, PA 17011 SPACE ABOVE THIS LINE IS FOR RECORDER'S USE ONLY OPEN - END MORTGAGE THIS MORTGAGE SECURES FUTURE ADVANCES THIS MORTGAGE dated May 5, 2003, is made and executed between Dimitrios Tsitsiris and Voula Tsitsiris, whose address is 1124 W. Powderhorn Drive, Mechanicsburg, PA 17050 (referred to below as "Grantor") and COMMERCE BANKIHARRISBURG N.A., whose address is 100 SENATE AVENUE, CAMP HILL, PA 17011 (referred to below as "Lender"). GRANT OF MORTGAGE. For valuable consideration, Grantor grants, bargains, sells, conveys, assigns, transfers, releases, confirms and mortgages to Lender all of Grantor's right, title, and interest in and to the following described real property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all streets, lanes, alleys, passages, and ways; all easements, rights of way, all liberties, privileges, tenements, hereditaments, and appurtenances thereunto belonging or anywise made appurtenant hereafter, and the reversions and remainders with respect thereto; all water, water rights, watercourses and ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real property, includin without limitation all minerals, oil, gas, geoth ermal and similar matters, (the "Real Property") located in Cumberland County, Commonwealth of Pennsylvania: Real property located at 1124 West Powderhorn Drive, Mechanicsburg, Hampden Township, Cumberland County, Pennsylvania, as recorded in deed book 148, page 69, in the office of the recorder of deeds of Cumberland County. The Real Property or its address is commonly known as 1124 West Powderhorn Drive, Mechanicsburg, PA 17050. The Real Property parcel identification number is 10-17-1029-234. REVOLVING LINE OF CREDIT. Specifically, without limitation, this Mortgage secures a revolving line of credit, which obligates Lender to make advances to Grantor unless Grantor fails to comply with all the terms of the Credit Agreement Such advances may be made, repaid, and remade from time to time, subject to the limitation that the total outstanding balance owing at any one time, not Including finance charges on such balance at a fixed or variable rate or sum as provided in the Credit Agreement, any temporary overages, other charges, and any amounts expended or advanced as provided in this paragraph, shall not exceed the Credit Limit as provided in the Credit Agreement. It is the intention of Grantor and Lender that this Mortgage secures the balance outstanding under the Credit Agreement from time to time from zero up to the Credit Limit as provided in this Mortgage and any intermediate balance, plus interest. THIS MORTGAGE, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF EACH OF GRANTOR'S AGREEMENTS AND OBLIGATIONS UNDER THIS MORTGAGE. THIS MORTGAGE IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PAYMENT AND PERFORMANCE. Except as otherwise provided in this Mortgage, Grantor shall pay to Lender all amounts secured by this Mortgage as they become due and shall strictly perform all of Grantor's obligations under this Mortgage. POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession and use of the Property shall be governed by the following provisions: Possession and Use. Until the occurrence of an Event of Default, Grantor may (1) remain in possession and control of the Property; (2) use, operate or manage the Property; and (3) collect the Rents from the Property. Duty to Maintain. Grantor shall maintain the Property in good condition and promptly perform all repairs, replacements, and maintenance necessary to preserve its value. Hazardous Substances. Grantor represents and warrants that the Property never has been, and never will be so long as this Mortgage remains a lien on the Property, used for the generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance in violation of any Environmental Laws. Grantor authorizes Lender and its agents to enter upon the Property to make such inspections and tests as Lender may deem appropriate to determine compliance of the Property with this section of the Mortgage. Grantor hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event Grantor becomes liable for cleanup or other costs under any such laws, and (2) agrees to indemnify and hold harmless Lender against any and all claims and losses resulting from a breach of this paragraph of the Mortgage. This obligation to indemnify shall survive the payment of the Indebtedness and the satisfaction of this Mortgage. TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Mortgage: Payment. Grantor shall pay when due (and in all events prior to delinquency) all taxes, payroll taxes, special taxes, assessments, water charges and sewer service charges levied against or on account of the Property, and shall pay when due all claims for work done on or for services rendered or material furnished to the Property. Grantor shall maintain the Property free of any liens having priority over or equal to the interest of MORTGAGE (Continued) Page 2 Lender under this Mortgage, except for the Existing Indebtedness referred to in this Mortgage or those liens specifically agreed to in writing by Lender, and except for the lien of taxes and assessments not due and except as otherwise provided in this Mortgage. PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Mortgage: Maintenance of Insurance. Grantor shall procure and maintain policies of fire insurance with standard extended coverage endorsements on a replacement basis for the full insurable value covering all Improvements on the Real Property in an amount sufficient to avoid application of any coinsurance clause, and with a standard mortgagee clause in favor of Lender. Policies shall be written by such insurance companies and in such form as may be reasonably acceptable to Lender. Grantor shall deliver to Lender certificates of coverage from each insurer containing a stipulation that coverage will not be cancelled or diminished without a minimum of ten (10) days' prior written notice to Lender and not containing any disclaimer of the insurers liability for failure to give such notice. Each insurance policy also shall include an endorsement providing that coverage in favor of Lender will not be impaired in any way by any act, omission or default of Grantor or any other person. Should the Real Property be located in an area designated by the Director of the Federal Emergency Management Agency as a special flood hazard area, Grantor agrees to obtain and maintain Federal Flood Insurance, if available, within 45 days after notice is given by Lender that the Property is located in a special flood hazard area, for the full unpaid principal balance of the loan and any prior liens on the property securing the loan, up to the maximum policy limits set under the National Flood Insurance Program, or as otherwise required by Lender, and to maintain such insurance for the term of the loan. Lender's Expenditures. If Grantor fails (1) to keep the Property free of all taxes, liens, security interests, encumbrances, and other claims, (2) to provide any required insurance on the Property, (3) to make repairs to the Property or to comply with any obligation to maintain Existing Indebtedness in good standing as required below, then Lender may do so. If any action or proceeding is commenced that would materially affect Lender's interests in the Property, then Lender on Grantor's behalf may, but is not required to, take any action that Lender believes to be appropriate to protect Lenders interests. All expenses incurred or paid by Lender for such purposes will then bear interest at the rate charged under the Credit Agreement from the date incurred or paid by Lender to the date of repayment by Grantor. All such expenses will become a part of the Indebtedness and, at Lender's option, will (1) be payable on demand; (2) be added to the balance of the Credit Agreement and be apportioned among and be payable with any installment payments to become due during either (a) the term of any applicable insurance policy; or (b) the remaining term of the Credit Agreement; or (3) be treated as a balloon payment which will be due and payable at the Credit Agreement's maturity. Grantor's obligation to Lender for all such expenses shall survive the entry of any mortgage foreclosure judgment Warranty; Defense of Title. The following provisions relating to ownership of the Property are a part of this Mortgage: Title. Grantor warrants that. '(a) Grantor holds good and marketable title of record to the Property in fee simple, free and clear of all liens and encumbrances other than those set forth in the Real Property description or in the Existing Indebtedness section below or in any title insurance policy, title report, or final title opinion issued in favor of, and accepted by, Lender in connection with this Mortgage, and (b) Grantor has the full right, power, and authority to execute and deliver this Mortgage to Lender. Defense of Title. Subject to the exception in the paragraph above, Grantor warrants and will forever defend the title to the Property against the lawful claims of all persons. Existing Indebtedness. The following provisions concerning Existing Indebtedness are a part of this Mortgage: Existing Lien„ The lien of this Mortgage securing the Indebtedness may be secondary and inferior to an existing lien. Grantor expressly covenants and agrees to pay, or see to the payment of, the Existing Indebtedness and to prevent any default on such indebtedness, any default under the instruments evidencing such indebtedness, or any default under any security documents for such indebtedness. Full Performance. If Grantor pays all the Indebtedness when due, terminates the credit line account, and otherwise performs all the obligations imposed upon Grantor under this Mortgage, Lender shall execute and deliver to Grantor a suitable satisfaction of this Mortgage and suitable statements of termination of any financing statement on file evidencing Lenders security interest in the Rents and the Personal Property. Grantor will pay, if permitted by applicable law, any reasonable termination fee as determined by Lender from time to time. Events of Default. Grantor will be in default under this Mortgage if any of the following happen: (1) Grantor commits fraud or makes a material misrepresentation at any time in connection with the Credit Agreement. This can include, for example, a false statement about Grantors income, assets, liabilities, or any other aspects of Grantor's financial condition. (2) Grantor does not meet the repayment terms of the Credit Agreement. (3) Grantor's action or inaction adversely affects the collateral or Lenders rights in the collateral. This can include, for example, failure to maintain required insurance, waste or destructive use of the dwelling, failure to pay taxes, death of all persons liable on the account, transfer of title or sale of the dwelling, creation of a senior lien on the dwelling without Lender's permission, foreclosure by the holder of another lien, or the use of funds or the dwelling for prohibited purposes. Rights and Remedies on Default. Upon the occurrence of an Event of Default and at any time thereafter, Lender, at Lender's option, may exercise any one or more of the following rights and remedies, in addition to any other rights or remedies provided by law: Accelerate Indebtedness. Lender shall have the right at its option, after giving such notices as required by applicable law, to declare the entire Indebtedness immediately due and payable. UCC Remedies. With respect to all or any part of the Personal Property, Lender shall have all the rights and remedies of a secured party under the Uniform Commercial Code. Judicial Foreclosure. Lender may obtain a judicial decree foreclosing Grantor's interest in all or any part of the Property. Nonjudicial Sale. If permitted by applicable law, Lender may foreclose Grantor's interest in all or in any part of the Personal Property or the Real Property by non-judicial sale. Other Remedies. Lender shall have all other rights and remedies provided in this Mortgage or the Credit Agreement or available at law or in equity. Sale of the Property. To the extent permitted by applicable law, Grantor hereby waives any and all right to have the Property marshalled. In exercising its rights and remedies, Lender shall be free to sell all or any part of the Property together or separately, in one sale or by separate sales. Lender shall be entitled to bid at any public sale on all or any portion of the Property. Electiort•of Remedies. All of Lender's rights and remedies will be cumulative and may be exercised alone or together. An election by Lender to choose any one remedy will not bar Lender from using any other remedy. If Lender decides to spend money or to perform any of Grantor's obligations under this Mortgage, after Grantors failure to do so, that decision by Lender will not affect Lender's right to declare Grantor in default and to exercise Lender's remedies. MORTGAGE (Continued) Page 3 Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Mortgage, Lender shall be entitled to recover such sum as the court may adjudge reasonable as attomeys' fees at trial and upon any appeal. Whether or not any court action is involved, and to the extent not prohibited by law, all reasonable expenses Lender incurs that in Lender's opinion are necessary at any time for the protection of its interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear interest at the Credit Agreement rate from the date of the expenditure until repaid. Expenses covered by this paragraph include, without limitation, however subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services, the cost of searching records, obtaining title reports (including foreclosure reports), surveyors' reports, and appraisal fees and title insurance, to the extent permitted by applicable law. Grantor also will pay any court costs, in addition to all other sums provided by law. Miscellaneous Provisions. The following miscellaneous provisions are a part of this Mortgage: Governing Law. This Mortgage will be governed by and interpreted in accordance with federal law and the laws of the Commonwealth of Pennsylvania. This Mortgage has been accepted by Lender in the Commonwealth of Pennsylvania. Time is of the Essence. Time is of the essence in the performance of this Mortgage. Definitions. The following words shall have the following meanings when used in this Mortgage: Borrower. The word "Borrower" means Dimitrios Tsitsiris and Voula Tsitsiris, and all other persons and entities signing the Credit Agreement. Credit Agreement. The words "Credit Agreement" mean the credit agreement dated May 5, 2003, with credit limit of $100,000.00 from Grantor to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for the promissory note or agreement. Environmental Laws. The words "Environmental Laws" mean any and all state, federal and local statutes, regulations and ordinances relating to the protection of human health or the environment, including without limitation the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, et seq. ("CERCLA"), the Superfund Amendments and Reauthorization Act of 1986, Pub. L. No. 99-499 ("SARA"), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq., or other applicable state or federal laws, rules, or regulations adopted pursuant thereto. Event of Default. The words "Event of Default" mean any of the events of default set forth in this Mortgage in the events of default section of this Mortgage. Existing Indebtedness. The words "Existing Indebtedness" mean the indebtedness described in the Existing Liens provision of this Mortgage. Grantor. The word "Grantor" means Dimitrios Tsitsiris and Voula Tsitsiris. Indebtedness. The word "Indebtedness" means all principal, interest, and other amounts, costs and expenses payable under the Credit Agreement or Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and substitutions for the Credit Agreement or Related Documents and any amounts expended or advanced by Lender to discharge Grantor's obligations or expenses incurred by Lender to enforce Grantor's obligations under this Mortgage, together with interest on such amounts as provided in this Mortgage. The liens and security interests created pursuant to this Mortgage covering the Indebtedness which may be created in the future shall relate back to the date of this Mortgage. Lender. The word "Lender" means COMMERCE BANK/HARRISBURG N.A., its successors and assigns. The words "successors or assigns" mean any person or company that acquires any interest in the Credit Agreement. Mortgage. The word "Mortgage" means this Mortgage between Grantor and Lender. Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal property now or hereafter owned by Grantor, and now or hereafter attached or affixed to the Real Property; together with all accessions, parts, and additions to, all replacements of, and all substitutions for, any of such property; and together with all proceeds (including without limitation all insurance proceeds and refunds of premiums) from any sale or other disposition of the Property. Property. The word "Property" means collectively the Real Property and the Personal Property. Real Property. The words "Real Property" mean the real property, interests and rights, as further described in this Mortgage. Rents. The word "Rents" means all present and future rents, revenues, income, issues, royalties, profits, and other benefits derived from the Property. EACH GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MORTGAGE, AND EACH GRANTOR AGREES TO ITS TERMS. THIS MORTGAGE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS MORTGAGE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. GRANTOR: X {seal) X (Seal) Dfmi os sitsiris, nd d Voula Tsitsiris, Individually MORTGAGE (Continued) Page 4 CERTIFICATE OF RESIDENCE I hereby certify, that the precise address of the mortgagee, COMMERCE BANK/HARRISBURG N.A., herein is as follows: CAMP HILL, 100 SENATE AVENUE, CAMP HILL, PA 17011 // Attomey or Agent torMortgagee INDIVIDUAL ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA ) SS ) COUNTY OF ?ww'w? On this, the day of -20 , before me V` _ the undersigned Notag Public, personally appeared Dimitrios Tsitsiris and Voula Tsitsiris, kno n to me (or satisfactorily proven) to be the person whose names are subscribed to the within instrument, and acknowledged that they executed th same for the purposes therein contained. In witness whereof, I hereunto set my hand and official seal. NOTARIAL SEAL JILL HULVEY, Notary Public Harrisburg, Dauphin County, PA i± My ?cmmi?sion Expires Mar. 28, 2005 N y? y Public in "and(Jr the State of I ? W? C A LASER PRO Lx M. V- 5.19.A0.05 Ca9r. HM F? Hdubaru:, Im. IM, 2005. AN Ro. Pm .. - PA H.AWINAPPMLPWIMCFPAPU=.FC TR-)052 PPA EXHIBIT "C" I,-) ? e_ Parcel Identification Number: 10-17-1029-234 RECORDATION REQUESTED BY: COMMERCE BANK/HARRISBURG N.A. CAMP HILL 100 SENATE AVENUE CAMP HILL, PA 17011 WHEN RECORDED MAIL TO: COMMERCE BANK/HARRISBURG N.A. LOAN SERVICING 100 SENATE AVENUE CAMP HILL, PA 17011 SEND TAX NOTICES TO: COMMERCE BANK/HARRISBURG N.A. LOAN SERVICING 100 SENATE AVENUE CAMP HILL. PA 17011 FOR RECORDER'S USE ONLY MODIFICATION OF MORTGAGE THIS MODIFICATION OF MORTGAGE dated December 15, 2005, is made and executed between Dimitrios Tsitsiris and Voula Tsitsiris, whose address is 1124 West Powderhorn Drive, Mechanicsburg, PA 17050 (referred to below as "Grantor") and COMMERCE BANK/HARRISBURG N.A., whose address is 100 SENATE AVENUE, CAMP HILL, PA 17011 (referred to below as "Lender"). MORTGAGE. Lender and Grantor have entered into a Mortgage dated May 5, 2003 (the "Mortgage") which has been recorded in Cumberland County, Commonwealth of Pennsylvania, as follows: As recorded in deed book 1812, page 2940, in the Office of the Recorder of Deeds of Cumberland County. REAL PROPERTY DESCRIPTION. The Mortgage covers the following described real property located in Cumberland County, Commonwealth of Pennsylvania: Real property located at 1124 West Powderhorn Drive, Mechanicsburg, Hampden Township, Cumberland County, Pennsylvania, as recorded in deed book 148, page 69, in the Office of the Recorder of Deeds of Cumberland County. The Real Property or its address is commonly known as 1124 West Powderhorn Drive, Mechanicsburg, PA 17050. The Real Property parcel identification number is 10-17-1029-234. MODIFICATION. Lender and Grantor hereby modify the Mortgage as follows: To increase the credit limit from $100,000.00 to $200,000.00. CONTINUING VALIDITY. Except as expressly modified above, the terms of the original Mortgage shall remain unchanged and in full force and effect and are legally valid, binding, and enforceable in accordance with their respective terms. Consent by Lender to this Modification does not waive Lender's right to require strict performance of the Mortgage as changed above nor obligate Lender to make any future modifications. Nothing in this Modification shall constitute a satisfaction of the promissory note or other credit agreement secured by the Mortgage (the "Note"). It is the intention of Lender to retain as liable all parties to the Mortgage and all parties, makers and endorsers to the-Note, including accommodation parties, unless a party is expressly released by Lender in writing. Any, and er be1rklorser, including accommodation makers, shall not be released by virtue of this Modification. If any person, Waho,, signed the original Mortgage does not sign this Modification, then all persons signing below acknowledge that fhis•Modificatiotvis- given conditionally, based on the representation to Lender that the non-signing person consents to the changes and > '. provisions of this Modification or otherwise will not be released by it. This waiver applies-not only to ,any . initial extension or modification, but also to all such subsequent actions. GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MODIFICATION OF MORTGAGE AND GRANTOR AGREES TO ITS TERMS. THIS MODIFICATION OF MORTGAGE IS DATED DECEMBER 15, 2005. MODIFICATION OF MORTGAGE Loan No: 930006929 (Continued) Page 2 THIS MODIFICATION IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS MODIFICATION IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. GRANTOR: X (Seal) 901frios Tsrtsiris iI) X % 11` (Seal) la Tsitsiris LENDER: COMMERCE BANK/HARRISBURG N.A. X l9 (Seal) Authgrieed Signer CERTIFICATE OF RESIDENCE I hereby certify, that the precise address of the mortgagee, COMMERCE BANK/HARRISBURG N.A., herein is as follows: CAMP HILL, 100 SENATE AVENUE, CAMP HILL, PA 17011 K?f Jc"u-Atm-,, Att6rney or Agent for Mortgagee INDIVIDUAL ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA ) ' i ) SS COUNTY OF ,I Ill...` ;V ?.n r "..• ) C r -... On this, th J day of 20 { before me Y 1? h the undersigned Notary Public, personally appeared Dimitrios Tsitsiris and Voula Tsitsiris, kr?wn to me (or satisfactorily proven) to be the person whose-names are subscribed to the within instrument, and acknowledged that they executed the same for the purposes thereira cmntained. In witness whereof, I hereunto set my hand and official seal. Hato 91 Seal -' m Amy R. SW, NOWY Pudic ? (; g = Lo*wPaxIonTWp• Date MCOtnly Notary Public in and for the State of •''?5 My Commieion Expires.Apr. 2, 2006 Wk,9w, P=wAVSn18 A=W-Woa Of Nofsdes °•'n„„. MODIFICATION OF MORTGAGE Loan No: 930006929 (Continued) Page 3 LENDER ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA ) ) SS "A COUNTY OF r, On-,this, the day of - 20 before me the undersigned Notary Public, personally appeared - who acknowledged himself or herself to be the _ of a lender, and that he or she as such being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the lender by himself or herself as In witness whereof+,J to set my hand and official seal. NOWW SOW Arry R. SIC NOWY Ptdiic Lower Pamn Twp., D EX;*eeApt. 2,2006 Notary Public in and for the State of my Cawrissiori AAenbw. PeV15YN"M Atsaciafiot? Of Notaries LA9Efl PRO Lentlng, V>. 5.29.00.000 COPT. H-d Finan W S-Ii- Inc. 1997, 2005. All fth4 ReexvM. PA X:IWINAPPStLPWINtGF1\tPL1G301.FC TR-19314 PR.72 j Certi ly in Cumb,-1-1 ki , 9BOOK r/??? rAGE':? j(ir) EXHIBIT "D" METRO BANK December 21, 2011 380 1 'ax-on .tee-t Ha ri-burt l;,; 1 11 rnyrnetro :-iM _cr,) VIA REGULAR AND CERTIFIED MAIL, RETURN RECEIPT REQUESTED DIMITRIOS T TSITSIRIS 505 N ENOLA RD ENOLA PA 17025 NOTICE OF INTENTION TO FORECLOSE MORTGAGE The MORTGAGE held by Metro Bank (hereinafter we, us, or ours) on your property located at 1124 W POWDERHORNDR, MECHANICSBURG, IS IN SERIOUS DEFAULT because you have not made the monthly payments of $1,801.20 for the months of November and December. Late charges and other charges have also accrued to this date in the amount of $181.32. 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 $3,758.19. You may cure this default within THIRTY (30) DAYS of the date of this letter, by paying to us the above amount of $3,758.19, 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 at Metro Bank 3801 Paxton Street P.O. Box 4999 Harrisburg, PA 17111-0999 Attn: Kelly Williams 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 Sheriffs 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 Sheriffs sale could be held would be approximately 6 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 contacting the following: Kelly Williams, Consumer Collections Specialist, 717- 412-6893. This payment must be in cash, cashier's check, certified check or money order and made payable to us at the address stated above. You should realize that a Sheriffs 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 Sheriffs sale, a lawsuit could be started to evict you. 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. METRO BANK December 21, 2011 3801 Pax on Stremt 4:'T r i Ha,rishurq. ? 17" 11 myrnetrc. w :an com VIA REGULAR .!AND CERTIFIED MAIL, RETURN RECEIPT REQUESTED VOULA TSITSIRIS 505 N ENOLA RD ENOLA PA 17025 NOTICE OF INTENTION TO FORECLOSE MORTGAGE The MORTGAGE held by Metro Bank (hereinafter we, us, or ours) on your property located at 1124 WPOWDERHORNDR, MECHANICSBURG, IS IN SERIOUS DEFAULT because you have not made the monthly payments of $1,801.20 for the months of November and December. Late charges and other charges have also accrued to this date in the amount of $181.32. 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 $3,758.19. You may cure this default within THIRTY (30) DAYS of the date of this letter, by paying to us the above amount of $3,758.19, 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 at Metro Bank 3801 Paxton Street P.O. Box 4999 Harrisburg, PA 17111-0999 Attn: Kelly Williams If you do riot 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, fires. 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 Sheriffs 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 Sheriffs sale could be held would be approximately 6 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 contacting the following: Kelly Williams, Consumer Collections Specialist, 717- 412-6893. This payment must be in cash, cashier's check, certified check or money order and made payable to us at the address stated above. You should realize that a Sheriffs 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 Sheriffs sale, a lawsuit could be started to evict you. 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. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA METRO BANK f/k/a ' CIVIL DIVISION Commerce Bank/Hanisburg, N.A., Plaintiff, NO.: Vs. DIMITRIOS TSITSIRIS and VOULA TSITSIRIS, Defendants. VERIFICATION I, John T. Robertson, Vice President of Metro Bank depose and say subject to the penalties of 18 Pa.C.S.A., sec.4904 relating to unworn falsification to authorities that the facts set forth in. the foregoing pleading are trae and correct to the best of my information, knowledge and belief. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson -=f;= Sheriff r, - HONO Jody S Smith Chief Deputy _ 2d? FE -7 PPS 12. 1.13 Richard W Stewart ;}"'` Solicitor CUMBERLAND rf Fs? OHNNSYLVANIA Metro Bank vs. Case Number Dimitrios Tsitsiris (et al.) 2012-621 SHERIFF'S RETURN OF SERVICE 02/02/2012 02:31 PM - Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on February 2, 2012 at 1431 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Dimitrios Tsitsiris, by making known unto Voula Tsitsiris, Wife of Defendant at 1124 W. Powderhorn Road, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to her personally the said true and correct copy of the same. RONALD HOOVER, DEPUTI( 02/02/2012 02:31 PM - Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on February 2, 2012 at 1431 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Voula Tsitsiris, by making known unto herself personally, at 1124 W. Powderhorn Road, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to her personally the said true and correct copy of the same. RONALD HOOVER, DEPUTY SHERIFF COST: $54.00 February 03, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF (G CountySwe Sheld, Teio-)', 6, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA C= C METRO BANK f/k/a CIVIL DIVISION rn 3 CD :X N -fl Commerce Bank/Harrisburg, N.A., x? -<> c+nn Plaintiff, NO.: 2012-621 <= vs. N DIMITRIOS TSITSIRIS and --f c-n 7,A VOULA TSITSIRIS, Defendants. PRAECIPE TO DISCONTINUE ACTION TO THE PROTHONOTARY: Please mark the above captioned matter settled and discontinued. Respectfully Submitted: JAMES, SMITJIDIE ER CK &. CONNELLY LLP DATE: Scott A/ Dietteric! uire PA I.D. #55650 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280