HomeMy WebLinkAbout12-4379THE 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
10561 Telegraph Road
Glen Allen, VA 23059
Plaintiff,
COURT OF COMMON PLEAS
(11 TMRRRI .AND MI TNTV
NO.. 1'? '4 S71I
V.
MARY E. SHUGHART, EXECUTRIX OF
THE ESTATE OF RUTH R. MARKEL,
DECEASED MORTGAGOR AND LAST
REAL OWNER OF:
526 North Bedford Street
Carlisle, PA 17013
Defendant.
NOTICE TO DEFEND
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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
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THE LAW OFFICES OF LAUREN BERSCHLER KARL, LLC C-) a
Lauren Berschler Karl, Esquire
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Identification No. 88209 Attorneys for Plaintiff m c"_-" r 5
355 Fifth Avenue, Suite 400
Pittsburgh, PA 15222 -4 ra
Phone: (412) 232-0808 .
Fax: (412)232-0773 c?
--------------- --------------------------------------------
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CITIZENS BANK OF PENNSYLVANIA
10561 Telegraph Road COURT OF COMMON PLEAS -G <
Glen Allen, VA 23059 CUMBERLAND COUNTY
Plaintiff,
NO.:
V.
MARY E. SHUGHART, EXECUTRIX OF
THE ESTATE OF RUTH R. MARKEL,
DECEASED MORTGAGOR AND LAST
REAL OWNER OF:
526 North Bedford Street
Carlisle, PA 17013
Defendant.
COMPLAINT IN MORTGAGE FORECLOSURE
Plaintiff, Citizens Bank of Pennsylvania, by its attorneys, The Law Offices of Lauren
Berschler Karl, LLC, files the within complaint in mortgage foreclosure and represents as
follows:
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, Mary E. Shughart, Executrix of the Estate of Ruth R. Markel,
Deceased Mortgagor and Last Real Owner is an adult individual who is believed to reside at 526
North Bedford Street, Carlisle, PA 17013.
3. Decedent, Ruth R. Markel, 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 of:
526 North Bedford Street, Carlisle, PA 17013, (the "Property")
4. Ruth R. Markel died on January 1, 2012, whereafter on January 25, 2012, Letters
Testamentary were granted to Defendant, Mary R. Shughart. A true and correct copy of the Oath
of Personal Representative is attached hereto as Exhibit "A."
5. On September 9, 2010, Decedent, Ruth R. Markel, executed a Line of Credit
Agreement in the original principal amount of $25,000.00 (the "Note"). A true and correct copy
of the Note is attached hereto as Exhibit "B."
6. The Note was secured by a mortgage granting a lien upon the Property (the
"Mortgage"), made, executed and delivered by Decedent to Citizens on September 9, 2010, and
such Mortgage was duly recorded in the Office of the Recorder of Deeds of Cumberland County,
Pennsylvania on October 4, 2010, as Instrument No. 201028176. A true and correct copy of the
Mortgage is attached hereto as Exhibit "C."
7. The Mortgage incorporates a Master Mortgage which was recorded with the
Cumberland County Recorder of Deeds Office as Instrument Number 200747167 and is attached
hereto as Exhibit "D."
The full legal description of the Property is set forth in Exhibit "E" 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. The failure to make the monthly payments constitutes a default under the terms of
the Note and Mortgage.
11. Pursuant to the terms of the Note and Mortgage, the following sums are currently
due and owing to Citizens as July 9, 2012:
Principal $ 17,446.90
Accrued interest
(through 07/09/12) 805.66
Accrued Late Charges 31.47
BPO/Appraisal 400.00
Title Report 350.00
Attorney's Fees 1,000.00
Attorneys Costs 250.00
TOTAL REAL DEBT $ 20,284.03
Interest continues to accrue at the per diem rate of $3.46.
12. On June 1, 2012, the Act 6 Notice of Intention to Foreclose as set pursuant to 41
P. S. § 403, was mailed to the Defendant with respect to the Note and Mortgage as evidenced by
the Certificates of Mailing attached hereto and incorporated herein as Exhibit "F."
13. Citizens hereby releases any unnamed heir, devisee or personal representative of
Ruth R. Markel, who are not named in this lawsuit from any liability for the debt secured by the
Mortgage.
WHEREFORE, Plaintiff, Citizens Bank of Pennsylvania, demands Judgment in
Mortgage Foreclosure in its favor and against Defendant, Mary E. Shughart, solely in her
capacity as Executrix of the Estate of Ruth R. Markel, Deceased Mortgagor and Last Real
Owner, in the amount of $20,284.03, plus continuing interest at the per diem rate of $3.46, from
July 9, 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
LAU N BERSCHLER KARL, LLC.
BY:
auren a schler Karl, Esquire
Date: July 11, 2012 Attorneys or Plaintiff
VERIFICATION
1 William P. Kempf; being duly sworn according to law, depose and say that I am a
mortgage foreclosure representative for Citizens Bank of Pennsylvania and am authorized to
make this verification and that the facts set forth in Citizens' Complaint in Mortgage Foreclosure
are true and correct to the best of my 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: "I/
Date: WILLIAM KEMPF
EXHIBIT "A"
Oath of Personal Representative
COMMONWEALTH OF PENNSYLVANIA }
} 'SS:
COUNTY OF CUMBERLAND }
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Sworn to or affbefore Date 17 me this Date
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BOND Required: 0 YES Q NO To the Register of Wilk.
FEES: Phrase enter my appearance by my sloatere below:
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AND NOW, , M ceasideratim of the foregoing petition,
satisfactory proof having been pretreated before me, IT IS DECREED that Letters Toghtmtentm
are hereby granted to MARY S_ sHQ[iAART
in the above emote sod (if applicable) that
the mss) doled MAY 9, ZM
deesmibed in the Peetitioci be admitted to probate and filed of record as rho laq Will (and CodigWs)) of Decedent
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Page 2 of 2
EXHIBIT "B"
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1dD note
Citizens Bank
SECONDARY MORTGAGE LOAN
HOME EQUITY LINE OF CREDIT AGREEMENT
Borrower(s):
RUTH R NARxRL
Lender: Citizens Bank of Pennsylvania
1735 Market Street
Philadelphia, PA 19103
Date of Agreement; 09/09/2010
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 Ageement 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," 'bur,"
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 $ s 5. 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.
09/05/2010
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Page 2
We do not have to let you change your Draw Period Payment Option if; (i) any of your payments
under this agreement are past due at the time you make your request, (ii) your account balance is
higher than your credit line at the time when you ask us to change your Draw Period Payment
Option, or (iii) we, in our sole discretion, believe that your account is not in good standing.
c) Repayment Period
After the draw period ends, you will no longer be able to obtain credit advances and must pay
the outstanding balance over /S 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
accred 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.
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. Payments in
excess of billed amounts will be credited to your account. During the Repayment Period, your payments
will be applied in the following order, assuming that it is made by the Payment 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 $ 25,000.00 which will
be your "Credit Limit" under this Agreement. This is the maximum credit that is to be extended to you. If
the Credit Limit is exceeded, you will be in default of a material obligation under this 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 party 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.
11. Collateral. This Agreement is secured by a Mortgage dated 09/09/2010 to us on property located
in cumBzRLAND County, State or Commonwealth of PA , (the "Property"). We
have the right, but are not required to take such action as is necessary to protect our Security Interest
described in this paragraph. Any amounts we may pay in exercising our right to protect our Security
Interest must be paid by you on demand, and will bear interest at the Annual Percentage Rate then
applicable to your account.
IMPORTANT NOTICE ABOUT YOUR REAL PROPERTY COLLATERAL: If the deed to the
property you are pledging as security for this loan includes more than one parcel ofland, 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.
18. How You May Compute the Finance Charges On Your Line of Credit Account. When the
average daily balance has been computed, you multiply the average daily balance by the daily periodic
rate which is arrived at by dividing the Annual Percentage Rate by'the number of days in the year. The
result is multiplied by the number of days in the billing cycle. This figure is the FINANCE CHARGE
assessed for the billing cycle.
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 18.0009/a . The maximum ANNUAL PERCENTAGE RATE
during the Repayment Period of your Credit Line will be 18.0001/6 or the maximum rate allowed by
applicable law. In no event will the ANNUAL PERCENTAGE RATE be less than 2.500% during the
life of your Credit Line. As of the date this Agreement was printed, the Index is3.25 % per annum.
Based on that Index value, we estimate that the initial Periodic Rate and the corresponding ANNUAL
PERCENTAGE RATE on your Credit Line for the first billing
Page 5
cycle will be as stated below: The initial Periodic Rate and corresponding ANNUAL PERCENTAGE
RATE actually in effect during the first billing cycle, which will be disclosed on your first periodic
statement, may differ from these estimates if the Index changes between the date this Agreement was
printed and the date you sign this Agreement.
Margin Added ANNUAL Daily Periodic
4.000 7.25000% 0.01986%
20. Conversion Option. You can exercise the option to convert to a fixed rate only at the end of the
Draw Period. Your ANNUAL PERCENTAGE RATE may increase if you exercise this option to
convert to a fixed rate.
The fixed rate will be determined as follows. The ANNUAL PERCENTAGE RATE will be fixed
during the entire Repayment Period and will be equal to 2%2 % added to the Index which is in effect on
the date that the final Draw Period payment is due, but will not be more than 18.00%. In the event the
Prime Rate is published as a range of rates, then the lowest rate published shall be the Index. If The Wall
Street Journal ceases publication of the Prime Rate we may select a substantially similar Index which we
will use to determine the ANNUAL PERCENTAGE RATE for the Repayment Period.
In no event shall the Finance Charge exceed that allowable under any applicable law. If it is determined
that the Finance Charge would, except for this provision, exceed the maximum rate allowable, all excess
payments shall be considered to be payments on the principal balance due hereunder and shall be applied
accordingly.
21. Annual Fee. There is no Annual Fee for the first year. Thereafter, a non-refundable Annual Fee of
$50 will be charged to your Credit Line Account on each anniversary of your Credit Line, during the
Draw Period. We will lower your Annual Fee by $25.00 if you maintain a Citizens Circle Gold
Checking Account or any other deposit relationship account that we may deem from time to time to
warrant a discount. If you close your Citizens Circle Gold Checking Account or other designated deposit
relationship account, a non-refundablc 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 Reduction. 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:
(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;
(b) We reasonably believe that you will be unable to fulfill your payment obligations under your
Credit Line Account due to a material change in your financial circumstances;
(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;
(d) Government action prevents us from imposing the ANNUAL PERCENTAGE RATE
provided for under this Agreement, or impairs our security interest such that the value of the
Property is less than 120 percent of the credit line;
(e) We have been notified by governmental authority that continued advances may constitute an
unsafe and unsound business practice. We may charge your account for appraisal and Credit
Report fees we incur in investigating whether any condition permitting us to suspend your credit
privileges or reduce your credit limit continues to exist;
(0 The maximum Annual Percentage Rate is reached.
If your Credit Line is suspended or terminated, you must immediately destroy all Credit Line
checks and any other access devices. Any use of checks or other access devices following
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.
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.
18. Default. You will be in default under this Agreement if any of the following occurs, each of which
constitutes a breach of a material obligation of yours under this Agreement:
(a) You fail to make any payment when due or to pay any charge or fee when due;
(b) Your action or failure to act adversely affects our security for your Credit Line Account
or a right we have in the security (an attempt by any other creditor to take money or other
property of yours that is in our possession is an example of a failure to act that would
adversely affect our security or security interest);
(c) A court determines that you are bankrupt or insolvent; or
(d) You gave or give us false or materially misleading information in connection with any
extension of credit to you under your Credit Line Account.
Page 7
29. Results of Default. If you are in default, we may lower your Credit Limit, we may refuse to make
any further advances under this Agreement, we may refuse to pay any outstanding checks that would
require us to make an additional credit advance to you, we may foreclose on the real property described
in the Mortgage securing your Credit Line Account, we may take whatever other action is permitted
under the Mortgage, and we may exercise any and all of our rights with respect to any other property
securing your Credit Line Account. We also may demand that you pay the full amount you owe on your
Credit Line Account immediately.
You agree to pay any costs we incur in collecting what you owe following your default to the extent not
prohibited by applicable law. If we have to sue you to collect what you owe, you agree to pay our legal
fees, including court costs to the extent not prohibited by applicable law. In addition to our other rights
and remedies under this agreement and the Mortgage, we reserve the right to honor the check or other
device used to obtain an advance without permanently raising your credit limit. If we honor the check or
other device, the amount that is more than your credit limit will be due and payable immediately.
30. Cancellation by You. If you cancel your right to credit advances under this Agreement, you must
notify us in writing and destroy all Credit Line checks and any other Credit Line Account access devices.
Despite cancellation, your obligations under this Agreement will remain in full force and effect until you
have paid us all amounts due under this Agreement and you will continue to remain liable for any
further credit advances.
31. Prepayment. You may make additional payments or may pay back more than the Minimum
Payment Due at any time without penalty, subject to Section 22 (b), except we will be entitled to receive
all accrued FINANCE CHARGES, and other charges, if any. Payments in excess of your Minimum
Payment will not relieve you of your obligation to continue to make your Minimum Payments. Instead,
they will reduce the principal balance owed on the Credit Line. If you mark a check, money order, or
other instrument sent in payment with "Paid in Full" or with similar language, we may accept the
payment, and you will remain obligated to pay any further amount owed to us under this Agreement.
32. Notices. All notices will be sent to your address as shown in this Agreement unless you notify us in
writing of any change in your address or name within thirty (30) days of the change. On joint accounts,
notices sent to one will be considered notice sent to all.
33. Information About You. You authorize us to get financial information about you from third parties,
including, but not limited to, a credit bureau, your employer, or another financial institution. You also
authorize us to disclose information about your creditworthiness and this Account to a credit bureau, our
affiliates and subsidiaries, and to others, unless expressly prohibited by applicable law. We may require a
new appraisal of the Property which secures your Credit Line at any time, including an internal
inspection, at our sole option and expense, except as provided for in paragraph 24, "Suspension or
Reduction".
34. Documentation. You agree to execute or re-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 be
invalid or unenforceable. If we go to court for any reason, we can use a copy, filmed or electronic, of any
periodic statement, this Agreement, the Mortgage, or any other document to prove what you owe us or
that a transaction has taken place. The copy, microfilm, microfiche, or optical image will have the same
validity as the original. You agree that, except to the extent you can show there is a billing error, your
most current periodic statement is the best evidence of your obligation to pay.
40. Acknowledgment. You understand and agree to the terns 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 using your
Credit Line Account.
If there is more than one Borrower, each is jointly and severally liable on this Agreement. This means we
can require any one of you to pay all amounts due under this Agreement, including credit advances made
to any of you. Each Borrower authorizes any other Borrower, on his or her signature alone, to cancel the
Credit Line, to request and receive credit advances, and to do all other things necessary to carry out the
terms of this Agreement. We can release any of you from responsibility under this Agreement, and the
other Borrowers will remain responsible.
t, the undersigned, certify that you have insured the prop" as identified in Section 12, entitled
iilateral", against loss by fire in an amount sufficient to cover this lien and all superior liens, and that
policy includes extended coverage and has a standard mortgagee clause making loss payable to
zens Bank of Pennsylvania as its interest may appear.
t agree it is your responsibility to keep the premises, as identified in Section 12, entitled "Collateral",
tred in an amount at least equal to the replacement cost of any buildings on the property, until this
•eement is paid in full.
t understand that you may purchase any required insurance through any duly licensed insurance agen
insurance company that is reasonably acceptable to us. You are not required to deal with any of our
liates when choosing an insurance agent or insurance company. Your choice of a particular insuranc
nt or insurance company will not affect our credit decision, so long as the insurance provides adequai
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
PO Box 42008
Providence, RI 02940-2008
Authorization of Payments to Third Parties
2S,000.00 Credit Limit
Amount paid to others on my behalf
17,498.00 Paid to CITIFINMC
Paid to
Paid to
Paid to
Paid to
Paid to
Paid to
Paid to
Paid to
Paid to
Paid to
Paid to
Paid to
Paid to
Paid to
Paid to
0.00 Amount received from borrower
0.00 Total fees to be paid by borrower
7,502.00 Undisbursed Funds
Page 9
Disbursement Account Information:
Account Type: Check Account Number:
You understand that no loan proceeds will be disbursed until any notice of the right to cancel time period
specified has expired.
You authorized disbursements to lien creditors and to Citizens Bank loan or line accounts listed above
and acknowledge receipt of a filled in copy of this itemization of amount financed.
You are to make disbursements to the non-lien creditors listed above. In order to secure our lien position,
Citizens Bank is authorized to add to the principal balance, or access deposit accounts to cover any
shortage.
In the event a pay-off sent to another creditor is insufficient, Citizens Bank is authorized to add to the
principal balance, or access your deposit account funds held by us to cover such shortage in order to
complete your transaction and secure our lien position. You will receive notification in the event an
additional amount is needed. This amount should not exceed $1,000.00; further remedies may apply if a
greater amount is needed.
This may result in a higher final payment due.
You acknowledge that any payoff amounts referenced in the of Authorization of Payments to Third
Parties section of this Agreement were estimates based on the balances listed on your credit bureau
report(s), or obtained from the lien creditors on your behalf.
You acknowledge that you received and read, as applicable, the Home Equity disclosure statements
provided to you during the application process, which include Important Terms. When Your Home is On
the Line, Servicing Disclosure Statement, Good Faith Estimate, Right to Receive a Copy of an Appraisal,
and Citizens Privacy Notice.
If there is more than one signer below, it is my/our intention that this account be a joint account.
You acknowledge that with your application, you provided your consent to us to check your employment
and credit history with any source and to answer questions about your credit experience with us.
READ THIS AGREEMENT BEFORE YOU SIGN. REVIEW THE AUTHORIZATION OF PAYMENTS
TO THIRD PARTIES SECTION, IN PARTICULAR ENSURE DISBURSEMENT ACCOUNT
INFORMATION IS ACCURATE. LOAN PROCEEDS WILL BE DISBURSED TO THE ACCOUNT
LISTED. DO NOT SIGN THIS AGREEMENT IF IT CONTAINS BLANK SPACES. THE AGREEMENT
1S SECURED BY A SECONDARY MORTGAGE ON YOUR REAL PROPERTY.
This Agreement is dated 09/09/2010 . THIS AGREEMENT IS SIGNED UNDER SEAL.
RUTH R MARREL
Effective Disbursement Date: o9iiai2oio
EXHIBIT "C"
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reformation to: senared Bv:
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Retail Lending Services
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Parcel ED# 02-20-1800-031• 1-800,894-4619
Collateral Address:
526 NORTH BEDFORD STREET, CARLISL E, PA 17013
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
(Securing Future Advances)
INCORPORATING THE OPEN-END MASTER MORTGAGE FORM
RECORDED BY CITIZENS BANK OF PENNSYLVANIA
MAXIMUM PRINCIPAL AMOUNT $ 25,000.00
KNOW ALL MEN BY THESE PRESENTS:
That on 09/0912010 , the mortgagor,
RUTIi R MARKEL
nPiilll?.,.wu?i?Ai?l
L2-S l 76
Page 1
11
2
09105/2010
American Title, Inc 12822809
whose address is 526 NORTH BEDFORD STREET, CARLISLE, PA 17013 ("Property
Address"); (hereafter "Borrower"), in consideration of a loan in the amount of $ 25,000.00
made available by C111ZENS BANK OF PENNSYLVANIA, a Pemrsylvania 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. of itions: In addition to the definitions set forth in the Open-End Master Mortgage forth 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 0910912010 . The Note states that Borrower owes the Lender $ 25,000.00 plus interest
Borrower promises to pay this debt in regular Periodic Payments and to pay the debt in full not later than
09/1412035
2. THIS 1S A FUTURE ADVANCE MORTGAGE. The repayment of which debt is evidenced by a
Credit Line Agreement (the "Agreement") made in favor of the tender 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
$ 25,000.00 including, but not limited to, any future advances, with interest thereon.
3. &vmmt of Principal, jnt=t ogd prier Charms_ Barrowcr 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. Incortforation ofj=a AOd on 9M a ad er ilium Form Rec Lded by I ender- Borrower
covenants and agrees that it shall be bound by the terms, conditions and provisions set forth in that certain
Open-End Master Mortgage Form recorded in Official Record in Volume
Page , Instrument
##200747167 , of the CUMBERLAND County ("Master Mortgage").
Upon the occurrence of a default under the terms of such Master Mortgage, Lender shall be entitled to pursue
all remedies specified in such Master Mortgage against the Borrower and the Property.
Page 2
Borrower has been provided with a copy of the Master Mortgage from Lender and acknowledges receiving it
along with this Home Equity Line of Credit Open End Mortgage.
5. Defeasance. This Security Instrument is given to secure the advances made by Lender to Borrower
under the Note, which Note has a maturity date of 0911412035 . 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 NoTICF or nFrmax AND F F I Q,c RF_LLiFR j%Rj
MORTGAG&S nR DRF.nS OF TRTJST Borrower and Lender request the holder of any mortgage, deed
of trust or other encumbrance with alien 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:
RUTH R MARKEL
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 191()3.
Citizens Bank of Pennsylvania
By _
Name:
Title: o L
Page 5
INDIVIDUAL ACKNOWLEDGMENT
STATE OR COMMONWEALTH OF ? h
SS:
COUNTY OF
On the Clot day of `t'{1 l?? , O tC?
before me appeared
RUTH R MIARKEL
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, I hereunto set my hand and official seal.
(Official Seal)
ary Public
,?emir?M.c?r, e??P?
cay« ca.xr
* C,ormtis m F*km Mmmh Z 2011
Member. Pwrwovaf" Assod**n of HoWas
Attention Registry of Deeds/Town or City Clerk:
Mail to: Citizens Bank
Consumer Finance Operations - RJW215
1 Citizens Drive
Riverside, RI 02915
AWA 4/05
ROBERT P. ZIEGLER
RECORDER OF DEEDS
CUMBERLAND COUNTY
1 COURTHOUSE SQUARE
CARLISLE, PA 17013
717-240-6370
Instrument Number - 201028176
Recorded On 10/4!2010 At 12:05:20 PM
* Instrument Type - MORTGAGE
Invoice Number - 73989 User ID - ES
* Mortgagor - MARKEL, RUTH R
* Mortgagee - CITIZENS BANK OF PENNSYLVANIA
* Customer - AMERICAN TITLE INC
* FEES
STATE WRIT TAX $0.50
STATE JCS/ACCESS TO $23.50
JUSTICE
RECORDING FEES - $17.50
RECORDER OF DEEDS
PARCEL CERTIFICATION $10.00
FEES
AFFORDABLE HOUSING $11.50
COUNTY ARCHIVES FEE $2.00
ROD ARCHIVES FEE $3.00
TOTAL PAID $68.00
* Total Pages - 8
Certification Page
DO NOT DETACH
This page is now part
of this legal document.
I Certify this to be recorded
in Cumberland County PA
RECORDER O D DS
* - InformatiOa denoted by an asterisk may change during
the verification process and may not be reflected on this page.
EXHIBIT "A"
ALL THAT CERTAIN TRACT OF LAND WITH THE BUILDINGS AND IMPROVEMENTS
THEREON ERECTED, SITUATE IN THE FIRST WARD OF THE BOROUGH OF CARLISLE,
CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED IN ACCORDANCE
WITH A SURVEY BY THOMAS A. NEFF, REGISTERED SURVEYOR, DATED NOVEMBER 6,
1970, AS FOLLOWS:
BEGINNING AT A NAIL ON THE WESTERLY LINE OF NORTH BEDFORD STREET, THE SOME
BEING NORTH 48 DEGREES 37 MINUTES WEST A DISTANCE OF 10.20 FEET FROM THE CURB
LINE OF THE SAID NORTH BEDFORD STREET, AND BEING FURTHER DESCRIBED AS 203.50
FEET NORTH OF THE NORTH SIDE OF MCBRIDE AVENUE; THENCE BY LANDS OF
FREDERICK KINGSBOROUGH THROUGH A PARTITION WALL DIVIDING THE HEREINAFTER
DESCRIBED PROPERTY FROM THAT OF FREDERICK KINGSBOROUGH, NORTH 48 DEGREES
37 MINUTES WEST 120 FEET TO A SPIKE ON THE EASTERLY LINE OF A 16 FEET ALLEY;
THENCE BY SAID ALLEY, NORTH 41 DEGREES 23 MINUTES EAST 15.45 FEET TO A SPIKE AT
CORNER OF LAND OF HARRIET CORNMAN; THENCE BY SAID LANDS OF CORNMAN, SOUTH
48 DEGREES 37 MINUTES EAST 120 FEET TO A SPIKE ON THE EASTERLY LINE OF NORTH
BEDFORD STREET; THENCE BY THE SAID NORTH BEDFORD STREET, SOUTH 41 DEGREES 23
MINUTES WEST 15.45 FEET TO A NAIL, THE PLACE OF BEGINNING.
BEING THE SAME PREMISES WHICH MELVIN E. SPAHR AND MYRHILE E. SPAHR, HIS WIFE,
GRANTED AND CONVEYED UNTO PAUL C. SPAHR, BY DEED DATED OCTOBER 10, 1955 AND
RECORDED IN DEED BOOK "T", VOL. 16, PAGE 452, CUMBERLAND COUNTY RECORDS AND
SEE ALSO DEED FROM MELVIN E. SPAHR, SEPARATE AND SOLE USE TRUSTEE FOR AND AS
EXECUTOR OF THE ESTATE OF MARY ELLEN ELIZABETH SPAHR, DATED JANUARY 19, 1970,
AND RECORDED IN DEED BOOK "Y", VOL. 23, PAGE 171, CUMBERLAND COUNTY RECORDS.
SUBJECT TO RESTRICTIONS, RESERVATIONS, EASEMENTS, COVENANTS, OIL, GAS OR
MINERAL RIGHTS OF RECORD, IF ANY.
ASSESSORS PARCEL NUMBER: 02-20-1800-031.
ATI ORDER NUMBER: 201008181205
111111111111
EXHIBIT "D"
Prepared By:
Beth Romano
Citizens Bank
Retail Lending Services
480 Jefferson Boulevard
Warwick, RI 02886
1-800-894-4619
Rehr
111111111N1111U CBRI
Consumer Loan Operations - RJW215 12401943 PA
I Citizens Drive FIRST AMERICAN LENDERS ADVANTAGE
Riverside, RI 02915 OPEN END MORTGAGE
1111111111111111III11111g1111111111111111111fill 11
OPEN-END MASTER MORTGAGE FORM RECORDED BY
CITIZENS BANK OF PENNSYLVANIA
RECORDED PURSUANT TO 21 P.S. §629
OF PENNSYLVANIA CONSOLIDATED STATUTES
PENNSYLVANIA
STIPULATION OF GENERAL MORTGAGE PROVISIONS
(Securing Future Advances)
If ,
The following general provisions, covenants, conditions and obligations shall be
an integral part of any mortgage hereinafter recorded in Cumberland County, Pennsylvania, in
favor of the undersigned, when such subsequently recorded mortgage expressly provides for
the incorporation of the following general provisions, covenants, conditions and obligations as
an integral part thereof by reference to the recorded stipulation.
THIS OPEN-END MASTER MORTGAGE FORM recorded by CITIZENS
BANK OF PENNSYLVANIA is put of record this 12th day of April, 2007 to evidence the
terms and conditions of those certain OPEN-END MORTGAGES, which constitute the
Security Instruments defined herein, granted or to be granted by mortgage loan customers
(hereinafter each individually referred to as "Borrower") to CITIZENS BANK OF
PENNSYLVANIA, a Pennsylvania banking corporation with a mailing address of 2001
Market Street, Suite 600, Philadelphia, PA 19103-7053 (hereinafter, together with its
successors and assigns called "Lender").
WHEREAS, for the convenience of the parties in mortgaging Borrower's property
to Lender to secure the indebtedness more particularly described in each Security Instrument,
as defined below, and to reduce the recording charges and fees for the benefit of Borrower,
Lender is filing this Open-End Master Mortgage Form of Record to evidence the following
terms to be incorporated in each such Open-End Mortgage under the provisions of
PPnncvlvnnis ('.nmnlidated Statutes Section 629:
KNOW ALL MEN BY THESE PRESENTS: That Borrower, in consideration of
the payments to Borrower, which Lender has made previously or contemporaneously
herewith or may hereafter make, does hereby GRANT, BARGAIN, SELL AND CONVEY
unto Lender, its successors and assigns forever, certain property more fully described on
Exhibit "A" to the Security Instruments granted by Borrower to Lender to be recorded after
the date hereof which reference and incorporate the terms of this Open-End Master Mortgage
Form.
WORDS USED OFTEN IN THIS DOCUMENT:
A. "Security Instrument" means any Open-End Mortgage which incorporates
the terms of this Open-End Master Mortgage together with all Riders thereto, if any, to such
Open-End Mortgages.
B. "Borrower" is any Borrower designated as such in a Security Instrument. The
words "you" and "your" or "Lender" refer to any person to whom this mortgage is assigned.
The words "I", "me", and "my" refer to each Borrower.
C. "Property" means the particular property that is described in the Security
Instrument which incorporates the terms of this Open-End Master Mortgage.
D. "Loan" means the debt evidenced by the Note specifically referenced in the
Security Instrument which incorporates the terms of this Open-End Master Mortgage, plus
interest, any prepayment charges and late charges due under such Note, and all sums due
under the Security Instrument, plus interest.
E. "Note" means any of those Promissory Notes referenced in a Security
Instrument which incorporates the terms of this Open-End Master Mortgage.
F. "Agreement" means the Home Equity Credit Line Agreement between each
Borrower and Lender, with interest thereon at the rate described therein, and all renewals,
extensions and modifications thereof.
Each Security Instrument secures to Lender to the fullest extent permitted by Applicable law:
(i) Borrower's repayment of the Loan, and all renewals, extensions and modifications of the
Note; and (ii) the performance of Borrower's covenants and agreements under the Security
Instrument and the Note. For these purposes, Borrower does hereby mortgage, grant and
convey to Lender the Property more fully described in the Security Instrument.
TO HAVE AND TO HOLD this property unto Lender and Lender's successors and assigns,
forever, together with all the improvements now or hereafter erected on the property, and all
easements, rights. appurtenances, rents, royalties, mineral, oil and gas rights and profits, water
rights and stock and all fixtures now or hereafter a part of the property. All replacements and
additions shall also be covered by this Security Instrument. All of the foregoing shall be
referred to in this Security Instrument as the "Property." Pursuant to Pennsylvania
Consolidated Statutes Title 21 Section 629, this Security Instrument shall also constitute a
Page 2
fixture filing upon recordation hereof on the Land Records of the town/city where the
Property is located.
BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed
and has the right to mortgage, grant and convey the Property, and that the Property is
unencumbered, except for encumbrances of record. Borrower warrants and will defend
generally the title to the Property against all claims and demands, subject to any
encumbrances of record.
Borrower and Lender covenant and agree as follows:
1. Payment of Principal, Interest and Other Charges. Borrower shall promptly pay when
due the principal of and the interest on the debt evidenced by the Agreement, all other fees
and charges as provided in the Agreement, and the principal of and interest on any Future
Advances secured hereby. All references to interest in this Security Instrument shall be to the
rate set forth in the Agreement.
2. Application of Payments. Unless applicable law provides otherwise, all payments
received by Lender under this Security Instrument and the Agreement may be applied to
reduce amounts owing to Lender from Borrower and from the maker(s) of the Agreement in
whatever order the Lender, in its sole discretion, chooses.
3. Prior Mortgages, Charges; Liens. Borrower shall perform all of Borrower's obligations
under any mortgage, deed of trust or other security agreement with a lien which has priority
over this Security Instrument, including Borrower's covenants to make payments when due.
Borrower shall pay or cause to be paid all taxes, assessments, and other charges, fines and
impositions attributable to the Property which may attain a priority over this Security
Instrument, and leasehold payments or ground rents, if any. Upon our request, Borrower shall
promptly furnish to us all notices of amounts to be paid under this paragraph and receipts
evidencing any such payments you make directly.
Borrower shall promptly discharge any lien (other than a lien disclosed to us in your
application or in any title report we obtain) which has priority over this Security Instrument
unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a
manner acceptable to Lender; (b) contests in good faith the lien by, or defends against
enforcement of the lien in, legal proceedings which, in Lender's opinion, operate to prevent
the enforcement of the lien or forfeiture of any part of the Property; or (c) secures from the
holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security
Instrument. If Lender determines that any part of the Property is subject to a lien which may
attain priority over this Security Instrument, Lender may give Borrower a notice identifying
the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above
within ten (10) days of the giving of notice.
We specifically reserve to ourselves and our successors and assigns the unilateral right to
require, upon notice, that you pay to us on the day monthly payments are due an amount equal
to one-twelfth (1/12) of the yearly taxes, and assessments (including condominium and
planned unit development assessments, if any) which may attain priority over this Mortgage
Page 3
and ground rents on the Property, if any, plus one-twelfth (1112) of yearly premium
installments for hazard and mortgage insurance, all as we reasonably estimate initially and
from time to time, as allowed by and in accordance with applicable law.
4. Hazard Insurance. Borrower shall keep the improvements now existing or hereafter
erected on the Property insured against loss by fire, hazards included within the term
"extended coverage" and such other hazards for which Lender requires insurance, including
floods or flooding, at all times until Lender releases this Security Instrument. This insurance
shall be maintained in the amounts and for the periods that we require. The insurance carrier
providing the insurance shall be chosen by Borrower subject to Lender's approval which shall
not be unreasonably withheld.
All insurance policies and renewals shall be in form and content acceptable to Lender, with
such maximum deductible clauses as Lender may require, and shall include a standard
mortgagee clause in favor of Lender. Lender shall have the right to hold the policies and
renewals, subject to the terms of any mortgage, deed of trust or other security agreement with
a lien which has priority over this Security Instrument.
All insurance policies and renewals shall provide that they may not be canceled without ten
(10) days' prior written notice to Lender. If Lender requires, Borrower shall promptly give to
Lender all receipts of paid premiums and renewal notices. If Borrower fails to maintain
coverage as required in this section, you authorize Lender to obtain such coverage as we in
our sole discretion determine appropriate to protect our interest in the Property in accordance
with the provisions in Covenant 6. You understand and agree that any coverage we purchase
may cover only our interest in the Property and may not cover your interest in the Property or
any personal property therein. You also understand and agree that the premium for any such
insurance may be higher than the premium you would pay for such insurance.
In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender.
Lender may make proof of loss if not made promptly by Borrower. We may also, at our
opinion and on your behalf, adjust and compromise any claims under the insurance, give
releases or acquaintances to the insurance company in connection with the settlement of any
claim and collect and receive insurance proceeds. You appoint us as your attorney-in-fact to
do all of the foregoing, which appointment you understand and agree is irrevocable, coupled
with an interest with full power of substitution and shall not be affected by your subsequent
disability or incompetence.
Insurance proceeds shall be applied to restore or repair the Property damaged, if restoration or
repair is economically feasible and our security would not be lessened. Otherwise insurance
proceeds shall be applied to sums secured by this mortgage, whether or not then due, with any
excess paid to you. If you abandon the Property, or do not answer within 30 days our notice to
you that the insurance carrier has offered to settle a claim, then Lender may collect the
insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay
sums secured by this Security Instrument, whether or not then due. The 30 day period will
begin when notice to Borrower is given.
Page 4
Unless Lender and Borrower otherwise agree in writing, any application of proceeds to
principal shall not extend or postpone the due date of the monthly payments required under
the Note or change the manner in which the amount of the monthly payment is determined.
If, under Covenant 20 the Property is acquired by Lender, Borrower's right to any insurance
policies and proceeds resulting from damage to the Property prior to the acquisition shall pass
to Lender to the extent of the sums secured by this Security instrument immediately prior to
the acquisition.
Borrower shall not permit any condition to exist on the Property which would, in any way,
invalidate the insurance coverage on the property.
5. Preservation, Maintenance and Protection of the Property; Loan Application
Leaseholds. Borrower shall not destroy, damage, or permit impairment of the Property or
allow the Property to deteriorate or commit waste. Borrower shall be in default if any
forfeiture action or proceeding, whether civil or criminal, is begun that in our good faith
judgment could result in forfeiture of the Property or otherwise materially impair the lien
created by this Mortgage or our security interest. You may cure such a default as provided in
Covenant 20, by causing the action or proceeding to be dismissed with a ruling that, in our
good faith determination precludes forfeiture of your interest in the Property or other material
impairment of the lien created by this mortgage or our security interest. Borrower shall also
be in default if you, during the loan application process, gave materially false or inaccurate
information or statements to us (or failed to provide us with any material information) in
connection with the loan evidenced by the Agreement, including, but not limited to,
representations concerning your occupancy of the Property as a principle residence. If this
Security Instrument is on leasehold, Borrower shall comply with the provisions of the lease,
and if Borrower acquires fee title to the Property, the leasehold and fee title shall not merge
unless Lender agrees to the merger in writing.
6. Protection of Lender's Rights in the Property; Mortgage Insurance. If Borrower fails
to perform the covenants and agreements contained in this Security Instrument, or if there is a
legal proceeding that may significantly affect Lender's rights in the Property (such as a
proceeding in bankruptcy, probate, for condemnation or to enforce laws or regulations), then
Lender may do and pay for whatever is necessary to protect the value of the Property and
Lender's rights in the Property. Lender's actions may include paying any sums secured by a
lien which has priority over this Security Instrument or any advance under this Agreement or
this Mortgage, appearing in court, paying reasonable attorneys' fees, paying any sums which
you are required to pay under this Mortgage and required to pay under this Mortgage and
entering on the Property to make repairs. Although Lender may take action under this
Covenant 6, Lender does not have to do so.
Any amounts disbursed by Lender under this Covenant 6 shall become additional debt of
Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other
terms of payment, these amounts shall bear interest from the date of disbursement at the rate
of interest established under this Agreement, and shall be payable with interest, upon notice
from Lender to Borrower requesting payment.
Page 5
If Lender required mortgage insurance as a condition of making the loan secured by this
Security Instrument, Borrower shall pay the premiums required to maintain the mortgage
insurance in effect until such time as the requirement for the insurance terminates in
accordance with Borrower's and Lender's written agreement or applicable law.
7. Inspection. Lender or its agent may make reasonable entries upon and inspections and
appraisal of the Property. Lender shall give Borrower notice at the time of or prior to an
inspection or appraisal specifying reasonable cause therefor.
8. Condemnation. The proceeds of any award or claim for damages, direct or consequential,
in connection with any condemnation or other taking of any part or all of the Property, or for
conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender, subject
to the terms of any other mortgage, deed of trust or other security agreement with a lien which
has priority over this Security Instrument.
If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the
condemnor offers to make an award or settle a claim for damages, Borrower fails to respond
to Lender within 30 days after the date the notice is given, Lender is authorized to collect and
apply the proceeds, at its option, either to restoration or repair of the Property or to the sums
secured by this Security Instrument, whether or not then due.
Unless Lender and Borrower otherwise agree in writing, any application of proceeds to
principal shall not extend or postpone the due date of the monthly payments required under
the Agreement or change the manner in which the amount of such payments is determined.
9. Borrower Not Released; Forbearance by Lender Not a Waiver. Extension of the time
for payment or modification of amortization of the sums secured by this Security Instrument
granted by Lender to any maker(s) of the Agreement or to any successor in interest of
Borrower or of any such maker shall not operate to release the liability of the original
Borrower or Borrower's successors in interest. Lender shall not be required to commence
proceedings against any maker(s) of the Agreement or successors in interest of Borrower or of
any maker(s) of the Agreement or refuse to extend time for payment or otherwise modify
amortization of the sums secured by this Security Instrument by reason of any demand made
by the original maker(s) of the Agreement or Borrower or any successor in interest of
Borrower or of such maker. Any forbearance by Lender in exercising any right or remedy
shall not be a waiver of or preclude the exercise of any right or remedy.
10. Successors and Assigns Bound; Joint and Several Liability; Co-signers; Captions.
The covenants and agreements of this Security Instrument shall bind and benefit the
successors and assigns of Lender and Borrower, subject to the provisions of Covenant 16.
Borrower's covenants and agreements shall be joint and several. Any Borrower who signs
this Security Instrument but does not execute the Agreement: (a) is signing this Security
Instrument only to mortgage, grant and convey that Borrower's interest in the Property under
the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured
by this Security Instrument; and (c) agrees that Lender and any other Borrower or maker(s) of
the Agreement may agree to extend, modify, forbear or make any accommodations with
Page 6
regard to the terms of this Security Instrument or the Agreement without that Borrower's
consent.
The captions and headings in this Security Instrument are for convenience only and are not to
be used to interpret or define the provisions hereof.
11. Loan Charges. If the Agreement is subject to a law which sets maximum loan charges,
and that law is finally interpreted so that the interest or other loan charges collected or to be
collected in connection with the Agreement exceed the permitted limits, then: (a) any such
loan charge shall be reduced by the amount necessary to reduce the charge to the permitted
limit; and (b) any sums already collected from Borrower which exceeded permitted limits will
be refunded to the Borrower. Lender may choose to make this refund by reducing the
principal owed under the Agreement or by making a direct payment to Borrower. If a refund
reduces principal, the reduction will be treated as a partial prepayment without any
prepayment charges under the Agreement.
12. Legislation Affecting Lender's Rights. If enactment or expiration of applicable laws
has the effect of rendering any provision of the Agreement or this Security Instrument
unenforceable according to its terms, Lender at its option, may require immediate payment in
full of all sums secured by this Security Instrument and may invoke any remedies permitted
by Covenant 20 unless prohibited by applicable laws. If Lender exercises this option, Lender
shall take the steps specified in the second paragraph of Covenant 16.
13. Notices. Any notice to Borrower provided for in this Security Instrument shall be given
by delivering it or by mailing it by first class mail postage prepaid unless applicable law
requires use of another method. The notice shall be directed to the Property Address or any
other address which Borrower designates by notice to Lender. Any notice to Lender shall be
given by first class mail postage prepaid to Lender's address stated herein or any other address
which Lender designates by notice to Borrower. Any notice provided for in this Security
Instrument shall be deemed to have been given to Borrower or Lender when delivered, or on
the second business day following mailing as provided in this Covenant 13.
14. Governing Law; Severability. The interpretation and enforcement of this Security
Instrument shall be governed by federal law and the law of the jurisdiction in which the
Property is located. In the event that any provision or clause of this Security Instrument or the
Agreement conflicts with applicable law, such conflict shall not affect other provisions of this
Security Instrument or the Agreement which can be given effect without the conflicting
provision. To this end, the provisions of this Security Instrument and the Agreement are
declared to be severable.
15. Borrower's Copy. Borrower shall be given one copy of the Agreement and of Us
Security Instrument.
16. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the
Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is
sold or, transferred and Borrower is not a natural person) without Lender's prior written
Page 7
consent, Lender, may, at its option, terminate its permission to the maker(s) of the Agreement
to request Future Advances from Lender pursuant to Covenant 22 hereof, and require
immediate payment in full of all sums secured by this Security Instrument, unless prohibited
by applicable law.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice
shall provide a period of not less than ten (10) days from the date the notice is delivered or
mailed within which Borrower must pay all sums secured by this Security Instrument. If
Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any
remedies permitted by this Security Instrument without further notice or demand on
Borrower.
17. Sale of Agreement; Change of Loan Servicer. The Note or partial interest in the Note
(together with this Security Instrument) may be sold one or more times without prior notice to
the Borrower. A sale may result in a change in the entity (known as the "Loan Servicer") that
collects monthly payments due under the Note and this Security Instrument. There also may
be one or more changes of the Loan Servicer unrelated to the sale of the Note. If there is a
change of the Loan Servicer, the Borrower will be given written notice of the change as
required by applicable law. The notice will state the name and address of the new Loan
Servicer and the address to which payments should be made. The notice will also contain any
information required by applicable law.
18. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal,
storage, or release of any Hazardous Substance on or in the Property. Borrower shall not do,
nor allow anyone else to do, anything affecting the Property that is in violation of any
Environmental Law. The preceding two sentences shall not apply to the presence, use, or
storage on the Property of Hazardous Substances in quantities that are generally recognized to
be appropriate to normal residential uses and to maintenance of the Property. Borrower shall
promptly give us written notice of any investigation, claim, demand, lawsuit or other action
by any governmental or regulatory agency or private party involving the Property and any
Hazardous Substances or Environmental Law of which you have actual knowledge. If
Borrower learns or is notified by any government or regulatory authority, that any removal or
other remediation of any Hazardous Substance affecting the Property is necessary, the
Borrower shall promptly take all necessary remedial actions in accordance with
Environmental Law. As used in this Security Instrument, "Hazardous Substances" are those
substances defined as toxic or hazardous substances by Environmental Law and the following
substances: gasoline, kerosene, other flammable or toxic petroleum products, tonic pesticides
and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and
radioactive materials. As used in this Security Instrument, "Environmental Law" means
federal laws and laws of jurisdiction where the Property is located that relate to health, safety
or environmental protection.
19. Optional Reinstatement of Security Instrument by Lender. Notwithstanding Lenders
acceleration of the sums secured by this Security Instrument, Lender may, at its sole
discretion, discontinue any proceedings begun by Lender to enforce this Security Instrument
at any time prior to entry of a judgment enforcing this Security Instrument if. (a) Borrower
Page 8
pays Fender all sums which would be then due under this Security Instrument and the
Agreement, had no acceleration occurred; (b) Borrower cures all breaches of any other
covenants or agreements of Borrower contained in this Security Instrument and in the
Agreement; (c) Borrower pays all reasonable expenses incurred by Lender in enforcing the
covenants and agreements of Borrower contained in this Security Instrument and in enforcing
Lenders remedies as provided in Covenant 20 hereof, including, but not limited to, reasonable
attorneys' fees; (d) Borrower, at the sole option of Lender, executes a Mortgage Agreement
and deed Modification Agreement which will adjust the rate of interest on the Agreement and
will provide such other terms and conditions as Lender shall specify; and (e) Borrower takes
such action as Lender may require to assure that the lien of this Security Instrument, Lenders
interest in the Property and Borrowers obligation to pay the sums secured by this Security
Instrument shall continue unimpaired. In the event that the Lender allows the Borrower to
make such payment and cure, this Security Instrument, as modified and the obligations
secured hereby shall remain in full force and effect as if no acceleration had occurred.
20. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration
following breach of any covenant or agreement in this Security Instrument or the
Agreement (but not prior to acceleration under Covenants 12 and 16 unless applicable
law provides otherwise), or following the occurrence of any other event which, pursuant
to the Agreement, this Security Instrument, or applicable law, permits Lender to
accelerate the sums secured by this Security Instrument, specifying: (a) the default or
other applicable event; (b) the action required to cure the default or other applicable
event; (c) a date not less than ten (10) days from the date the notice is given to Borrower,
by which the default or other applicable event must be cured and (d) that failure to cure
the default or other applicable event; on or before the date specified in the notice may
result in acceleration of the sums secured by this Security Instrument and foreclosure or
sale of the Property. If the default or other applicable event is not cured on or before
the date specified in the notice, Leader at its option may require immediate payment in
full of all sums secured by this Security Instrument without further notice or demand
and may invoke any of the remedies permitted by applicable law. Lender shall be
entitled to collect all expenses incurred in pursuing the remedies provided in this
Covenant 20, including, but not limited to, reasonable attorneys' fees and cost of title
evidence, as permitted by applicable law.
21. Reinstatement Period. Borrower's time to reinstate provided in Covenant 20 shall
extend to one hour prior to the commencement of bidding at a sheriff's sale or other sale
pursuant to this Security Instrwnent.
22. Discontinuance of Enforcement. Notwithstanding our acceleration of the sums secured
by this Security Instrument under the provisions of Covenant 20, we may, in our sole
discretion and upon such conditions as we in our sole discretion determine, discontinue any
proceedings begun to enforce the terms of this Security Instrument.
23. Lender in Possession. Upon acceleration under Covenant 20 or abandonment of the
Property, Lender (in person, by agent or by judicially appointed receiver) shall be entitled to
enter upon, take possession of and manage the Property and to collect the rents of the Property
Page 9
including those past due. Any rents collected by Lender or the receiver shall be applied first
to payment of the costs of management of the Property and collection of rents, including, but
not limited to, receiver's fees, premiums on receiver's bonds and reasonable attorneys' fees,
and then to the sums secured by this Security Instrument.
24. Release. Upon termination and discharge of the Agreement and all other sums secured
by this Security Instrument, this Security Instrument shall become null and void and Lender
shall release this Security Instrument without charge to Borrower. Borrower shall pay any
recordation costs.
25. Additional Charges. Borrower agrees to pay reasonable charges as allowed by law in
connection with servicing of this Note including, without limitation, the cost of obtaining tax
searches and subordination. Provided, however, that nothing contained in this Covenant 26 is
intended to create and shall not be construed to create any duty or obligation by us to perform
any such act, or to execute or consent to any such matter, except a release of the Security
Instrument upon full repayment of all sums secured thereby.
26. Waivers. Borrower waives and releases, to the fullest extent permitted by law, for
Borrower and for Borrower's successors and assigns, any error or defects in proceeding to
enforce this Mortgage, and hereby waive the benefit of any present or future laws providing
for the benefit of all homestead, marital and spousal, appraisal, valuation, redemption,
reinstatement, stay, extension, exemption, and moratorium laws now existing or enacted in
the future. No waiver by the lender at any time of any term, provision covenant contained in
this Mortgage or in the Agreement secured hereby shall be deemed to be or construed as a
waiver of any other term, provision or covenant or of the same term, provision of covenant at
any other time.
27. Future Advances. Upon request of any one of the makers of the Agreement, Lender
shall, during the "Draw Period" or "Renewal Draw Period" more fully described in the
accompanying Home Equity Credit Line Agreement, make Future Advances to any one of the
makers of the Agreement, pursuant to the terms and conditions of the Agreement. Borrower
agrees that each Future Advance shall be considered as an advance for the benefit of
Borrower, regardless of whether Borrower has executed the Agreement. Such Future
Advances, with interest thereon, shall be secured by this Security Instrument. At no time
shall the principal amount of the indebtedness secured by this Security Instrument exceed the
maximum principal amount of the Agreement nor shall the maturity of Future Advances
secured hereby extend beyond the maximum maturity date of the Agreement. All Future
Advances shall be recorded on the books and records of the Lender.
28. Remedies Cumulative. All remedies provided in this Security Instrument are distinct
and cumulative to any other right or remedy under this Security Instrument or afforded by law
or equity, and may be exercised concurrently, independently, or successively.
29. Statutory Condition. This Mortgage is upon the STATUTORY CONDITION and upon
the further condition that all covenants and agreements of which I have made herein and in
the Agreement shall be kept and fully performed, for any breach of which you may invoke
any of the remedies permitted herein or by applicable law.
Page 10
30. Purchase Money Mortgage. If any of the debt secured by this Mortgage is lent to you
to acquire title to the Property, this Mortgage shall be a Purchase Money Mortgage.
31. Interest Rate After Adjustment. Borrower agrees that the interest payable after a
judgment is entered on the Agreement or in an action of mortgage foreclosure shall be the rate
payable from time to time under the Agreement.
CITIZENS BANK OF PENNSYLVANIA
BY:
Name: Beth Romano
Title: Assistant Vice President
STATE OF RHODE ISLAND)
)SS-.
COUNTY OF KENT )
The foregoing instrument was acknowledged before me this 12th day of April, 2007
by Beth Romano, Assistant Vice President of Citizens Bank of Pennsylvania, a Pennsylvania.
banking corporation, on behalf of the corporation. - `
o Public
y mmission Expires: July
NOTA
When recorded mail to:
First American Title Insurance
Lenders Advantage
I loo superior Avenue. Suite 200
Cleveland, Ohio 44114
AM NATIONAL RECORDNGS
Page 11
EXHIBIT "E"
EXHIBIT "E"
ALL THAT CERTAIN tract of land with the buildings and improvements thereon erected,
situate in the First Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded
and described in accordance with a survey by Thomas A. Neff, Registered surveyor, dated
November 6, 1970, as follows:
BEGINNING at a nail on the Westerly line of North Bedford Street, the same being North 48
degrees 37 minutes West a distance of 10.20 feet from the curbline of the said North Bedford
Street, and being further described as 205.50 feet North of the North side of McBride Avenue;
thence by lands of Frederick Kingsborough through a partition wall dividing the hereinafter
described property from that of Frederick Kingsborough, North 48 degrees 37 minutes West 120
feet to a spike on the Easterly line of a 16 feet alley; thence by said alley, North 41 degrees 23
minutes East 15.45 feet to a spike at a corner of land of Harriet Cornman; thence by said lands of
Cornman, South 48 degrees 37 minutes East 120 feet to a spike on the Easterly line of North
Bedford Street; thence by the said North Bedford Street, South 41 degrees 23 minutes West
15.45 feet to a nail, the place of BEGINNING.
HAVING thereon erected a two and one-half story frame dwelling house known as No. 526
North Bedford Street.
BEING the same property which Paul C. Spahr and Jacqueline M. Spahr by Deed dated February
4, 1971 and recorded on February 4, 1971 in the Office of the Recorder of Deeds of Cumberland
County in Deed Book Volume Y23 page 702, granted and conveyed unto Ruth R. Markel [now
deceased].
EXHIBIT "F"
THE LAW OFFICES OF
LAUREN BERSCHLER KARL, LLC
lbkarlnlbkarllaw.com Park Building licensed in PA and NJ
355 Fifth Avenue, Suite 400
Pittsburgh, PA 15222
412-232-0808
Fax: 412-232-0773
June 1, 2012
VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
and FIRST CLASS MAIL
Mary E. Shughart, Executrix of the
Estate of Ruth R. Markel, Deceased
526 North Bedford Street
Carlisle, PA 17013
Lois A. Greco, Known Heir to
Ruth R. Markel, Deceased
501 Windy Hill Road, Rt. 163
Shermansdale, PA 17090
Any and All Unknown Heirs, Devisees,
Personal Representatives and/or Persons with
Interest, Title, or Right From or Under Ruth R.
Markel, Deceased and/or Current Occupants o£
526 North Bedford Street
Carlisle, PA 17013
Carolyn L. Olsen, Known Heir to
Ruth R. Markel, Deceased
425 Burnthouse Road
Carlisle, PA 17015
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 526 NORTH BEDFORD STREET, CARLISLE, PA 17013, IS IN SERIOUS
DEFAULT because (1) the Borrower/Mortgagor is Deceased and (2) the variable monthly payments
have not been made for the months of January 14, 2012, through May 14, 2012, in the amounts of
$103.97, $10726, $100.22, $107.14 and $103.68, respectively. Late charges and other charges have also
accrued to this date in the amount of $20.93 (late charges). 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 $543.20. Please
note an additional monthly payment of approximately $113.00 becomes due on June 14, 2012.
You may cure this default within THIRTY (30) DAYS of the date of this letter, by paying to us the above
amount of $543.20, 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
Markel Act6.060112
Page 1 of 4
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
PENNSYLVANIA 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.
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.
Markel.Act6.0601 12
Page 2 of 4
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.
nn;en ely,
. bj
V s hler Karl
LBK/j es
Enclosure (FDCPA Notice)
cc: Harold S. Irwin, III, 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.
Markel.Act6.060112
Page 3 of 4
NOTICE PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT
1. This communication is from a debt collector. This is an attempt to collect a debt and any
information obtained will be used for that purpose.
2. Unless you dispute the validity of this debt or any portion thereof, within 30 days after receipt
of this notice, the debt will be assumed to be valid by our offices.
3. If you notify our offices in writing within 30 days of receipt of this notice that the debt, or
any portion thereof is disputed, our offices will provide you with verification of the debt or a
copy of the Judgment against you and a copy of such verification or judgment will be mailed
to you by our offices.
4. If you make a written request for it within 30 days hereof, I will also send you the name and
address of the original creditor, if different from Citizens Bank of Pennsylvania.
Markel.Act6.060112
Page 4 of 4
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FORM I
CITIZENS BANK OF PENNSYLVANIA
Plaintiff,
V.
MARY E. SHUGHART, EXECUTRIX OF THE
ESTATE OF RUTH R. MARKEL, DECEASED
MORTGAGOR AND LAST REAL OWNER OF: '
526 North Bedford Street
Carlisle, PA 17013
Defendant.
NOTICE OF RESIDENTIAL
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL&A rc-"-
C./, r
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arm ?
-/S7??
Civil a
MORTGAGE FORECLOSURE
DIVERSION PROGRAM
You have been served with a foreclosure complaint that could cause you to lose your home.
If you own and live in the residential property which is the subject of this foreclosure action, you may
be able to participate in a court-supervised conciliation conference in an effort to resolve this matter with your
lender.
«-.4
C)
ca -?-y
If you do not have a lawyer, you must take the following steps to be eligible for a conciliation
conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal
Services at (717) 243-9400 extension 2510 or (800) 822-5288 extension 2510 and request appointment of a
legal representative at no charge to you. Once you have been appointed a legal representative, you must
promptly meet with that legal representative within twenty (20) days of the appointment date. During that
meeting, you must provide the legal representative with all requested financial information so that a loan
resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial
worksheet in the format attached hereto, the legal representative will prepare and file a Request for Conciliation
Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of
the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an
opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements
with your lender before the mortgage foreclosure suit proceeds forward.
If you are represented by a lawyer, you and your lawyer must take the following steps to be
eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the
appointment of a legal representative. However, you must provide your lawyer with all requested financial
information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete
a financial worksheet in the format atttched hereto, your lawyer will prepare and file a Request for Conciliation
Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of
the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an
opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements
with your lender before the mortgage foreclosure suit proceeds forward.
IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE
STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE.
Respectfully submitted:
Date
[Signature of Counsel for Plaintiff]
FORM 2
Cumberland County Residential Mortgage Foreclosure Diversion Program
Financial Worksheet
Date _
Cumberland County Court of Common Pleas Docket #
BORROWER REQUEST FOR HARDSHIP ASSISTANCE
To complete-your request for hardship assistance, your lender must consider your
circumstances to determine possible options while working with your
Please provide the following information to the best of your knowledge:
Borrower name(s):
Property Address:
City:
Is the property for sale?
Realtor Name:
Borrower Occupied?
Mailing Address (if different)
City:
Phone Numbers:
Email:
# of people in household:
Mailing Address:
City:
Phone Numbers:
Email:
# of people in household:
State: Zip:
Yes ? No ? Listing date: Price: $_
Realtor Phone:
Yes ? No ?
State: Zip:
Home: Office:
Cell: Other:
How long?
Home: Office:
Cell: Other: _
How long?
First Mortgage Lender:
Type of Loan:
Loan Number:
Second Mortgage Lender:
Type of Loan:
Loan Number:
Total Mortgage Payments Amount: $
Date of Last Payment:
Primary Reason for Default:
Date You Closed Your Loan:
Included Taxes & Insurance:
State: Zip:
Is the loan in Bankruptcy? Yes ? No ?
If yes, provide names, location of court, case number & attorney:
Assets Amount Owed: Value:
Home: $ $
Other Real Estate: $ $
Retirement Funds: $ $
Investments: $ $
Checking: $ $
Savings: $ $
Other: $ $
Automobile #1: Model:
Amount owed: Value:
Automobile #2: Model:
Amount owed: Value:
Other transvortation (automobiles, boats, motorcycles): Model:
Year: Amount owed: Value
Monthly Income
Name of Employers:
Year:
Year:
2.
3.
Additional Income Description (not wages):
1. monthly amount:
2. monthly amount:
Borrower Pay Days: Co-Borrower Pay Days:
Monthly Expenses: (Please only include expenses you are currently paying)
EXPENSE AMOUNT EXPENSE AMOUNT
Mortgage food
2" Mort a e Utilities
Car Payment(s) Condo/Nei . Fees
Auto Insurance Med. not covered
Auto fueUre airs Other prop. payment
Install. Loan Payment Cable TV
Child Su ort/Alim. Spending Money
Da /Child Care/Tuit. Other Expenses
Amount Available for Monthly Mortgage Payments Based on Income & Expenses:
Have you been working with a Housing Counseling Agency?
Yes ? No ?
If yes, please provide the following information:
Counseling Agency:
Counselor:
Phone (Office): _ Fax:
2
Email:
Have you made application for Homeowners Emergency Mortgage Assistance Program
(HEMAP) assistance?
Yes ? No ?
If yes, please indicate the status of the application:
Have you had any prior negotiations with your lender or lender's loan servicing company
to resolve your delinquency?
Yes ? No ?
If yes, please indicate the status of those negotiations:
Please provide the following information, if know, regarding your lender or lender's loan
servicing company:
Lender's Contact (Name):
Servicing Company (Name):
Contact:
Phone:
Phone:
We, _ , authorize the above
named to use/refer this information to my lender/servicer for the sole
purpose of evaluating my financial situation for possible mortgage options. I/We
understand that I/we am/are under no obligation to use the services provided by the above
named
Borrower Signature Date
Co-Borrower Signature Date
Please forward this document along with the following information to lender and
lender's counsel:
Proof of income
__Ytt Past 2 bank statements
__Ytt Proof of any expected income for the last 45 days
Y Copy of a current utility bill
Y Letter explaining reason for delinquency.and any supporting documentation
(hardship letter)
Listing agreement (if property is currently on the market)
3
Ronny R Anderson
Shefiff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
ILEU-Of `ICE
?s? r,t Cu? rr E THE PROTH NOTAM
zoa JUL 30 9-.03
iq? COUNTY
OFFICE OF THE $46RIFF CU AN ANIA
Citizens Bank of Pennsylvania
VS.
Mary E. Shughart
• trim Numbe
2012-4379
SHERIFF'S RETURN OF SERVICE
07/20/2012 03:21 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on Jul
20, 2012 at 1521 hours, he served a true copy of the within Complaint and Notice, upon the within nar
defendant, to wk: Mary E.Shughart, Executrix of the Estate of Ruth R. Markel, DoostAwd r ai
Last Real Owner, by making known unto herself personally, at 526 N. Bedford Street, isle ?
Cumberland County, Pennsylvania 17013 its contents and at the same time handing torr personally
said true and correct copy of the same. 104-1 -
SHERIFF COST: $34,00
July 24, 2012
SO A.N-S?WERS,
(c) CountySuite Sheriff. TeleosoR, Inc.