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Home My WebLink About12-4939.. LAW OFFICES OF GREGORY JAVARDIAN GREGORY JAVARDIAN, ESQUIRE Id. No. 55669 MARY F. KENNEDY, ESQUIRE Id. No. 77149 MEGHAN K. BOYLE, ESQUIRE Id. No. 201661 SEAN P. MAYS, ESQUIRE Id No. 307518 RICHARD J. NALBANDIAN, III, ESQUIRE Id No. 1310 INDUSTRIAL BOULEVARD 1sT FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 t t s ,..tJ 312653 ATTORNEY FOR PLAINTIFF CITIZENS BANK OF PENNSYLVANIA COURT OF COMMON PLEAS 10561 TELEGRAPH ROAD GLEN ALLEN, VA 23059 CIVIL DIVISION PLAINTIFF VS. ELWOOD R. WESTHAFER JOYCE A. WESTHAFER 499 RICH VALLEY ROAD CARLISLE, PA 17013 DEFENDANTS CUMBERLAND COUNTY NO. /o?- 4g39 Llivi( (em COMPLAINT IN MORTGAGE FORECLOSURE NOTICE 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 defense 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 S. Bedford Street Carlisle, PA 17013 717-249-3166 800-990-9108 X1&9.75 Po A71'Y C-1 34Ou LAW OFFICES OF GREGORY JAVARDIAN GREGORY JAVARDIAN, ESQUIRE Id. No. 55669 MARY F. KENNEDY, ESQUIRE Id. No. 77149 MEGHAN K. BOYLE, ESQUIRE Id. No. 201661 SEAN P. MAYS, ESQUIRE Id No. 307518 RICHARD J. NALBANDIAN, III, ESQUIRE Id No. 312653 1310 INDUSTRIAL BOULEVARD 11T FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 ATTORNEY FOR PLAINTIFF CITIZENS BANK OF PENNSYLVANIA COURT OF COMMON PLEAS 10561 TELEGRAPH ROAD GLEN ALLEN, VA 23059 CIVIL DIVISION PLAINTIFF VS. CUMBERLAND COUNTY ELWOOD R. WESTHAFER JOYCE A. WESTHAFER NO. 499 RICH VALLEY ROAD CARLISLE, PA 17013 COMPLAINT IN DEFENDANTS MORTGAGE FORECLOSURE CIVIL ACTION MORTGAGE FORECLOSURE Citizens Bank of Pennsylvania (hereinafter referred to as "Plaintiff") is an Institution conducting business under the Laws of the Commonwealth of Pennsylvania with a principal place of business at the address indicated in the caption hereof. 2. Elwood R. Westhafer and Joyce A. Westhafer (hereinafter referred to as "Defendants") are adult individuals residing at the address indicated in the caption hereof. 3. Plaintiff brings this action to foreclose on the mortgage between Defendants and itself as Mortgagee. The Mortgage, dated December 15, 2005, was recorded on January 12, 2006 in the Office of the Recorder of Deeds in Cumberland County in Mortgage Book 1937, Page 1927. A copy of the Mortgage is attached and made a part hereof as Exhibit `A'. The Mortgage secures the indebtedness of a Note executed by Defendants on December 15, 2005 in the original principal amount of $129,200.00 payable to Plaintiff in monthly installments with an interest rate of 7.25 %. A copy of the Note is attached and made a part hereof as Exhibit `B'. 5. The land subject to the mortgage is 499 Rich Valley Road, Carlisle, PA 17013. A copy of the Legal Description is attached as part of the Mortgage as Exhibit `A' and incorporated herein. 6. The Defendants are the Record Owners of the mortgaged property located at 499 Rich Valley Road, Carlisle, PA 17013. 7. The Mortgage is now in default due to the failure of Defendants to make payments as they become due and owing. As a result of the default, the following amounts are due: Principal Balance $124,301.98 Interest to 7/30/2012 $10,599.55 Accumulated Late Charges $320.00 Property Inspection Fees $61.50 Appraisal Fees $340.00 Cost of Suit and Title Search $550.00 Attorney's Fees $1,300.00 TOTAL $137,473.03 plus interest from 7/31/2012 at $24.62 per day, costs of suit and attorney's fees. 8. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchase at Sheriff's sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 9. Pennsylvania law requires that a plaintiff in mortgage foreclosure provide a defaulting mortgagor with a Notice of Intention to Foreclose ("Act 6 Notice") 41 P.S. Section 403. 10. The Notice of Intention to Foreclose was required and Plaintiff to the Defendants by regular and certified mail on January 12, 2012. A copy of the Notice is attached and made a part hereof as Exhibit `C'. WHEREFORE, Plaintiff requests the court enter judgment in Mortgage Foreclosure for the sale of the mortgaged property in. Plaintiff's favor and against the Defendants, in the sum of $137,473.03 together with the interest from 7/31/2012 at $24.62 per day, costs of suit and attorney fees. LAW OFFICES OF GREGORY JAVARDIAN BY: VGregory vardian, Es i Id. No. 55669 ?Mary F. ennedy, Es e Id. No. 77149 ?Meghan K. Boyle, Es ire Id. No. 201661 ?Sean P. Mays, Esquire Id. No. 307518 ?Richard J. Nalbandian, III, Esquire Id. No. 312653 Attorneys for Plaintiff EXHIBIT `A' 11/04/2009 20:54 CNbm Bask odb a"mm t440 Lena" ftrdm 490 Jd[arsot Mookyrd WorWW 93 92M 1-8D0?1W-619 Wbm morded a" tic LSx - Nodk Rovoift Dmsean Mx flow)-3f (800) 9U-3524 P'and HW 39-"35 G11k?1d0?61e 499 RICK VALLRY ROAR, CMMSLB, PA 17013 PENNMVANU CIADSM-EM TGACiE TM N W"GE is Sim oa 17!15/2005. . Tbt moeKgagoru PLVE OM R WA.STRAFM JOYCE A WES HAFM ?I bt 8 nip I ILI I Nr! VW FACAM PZV, om PAGE 08/32 2?O J91 12 Pm 2Q $K 1937 PG 1927 11/04/2N09 20:54 mm PAGE 09/32 TWI Morwpe,tektato t'Aft sftkofzmmmma wbmacif!, lb 173510 StreaS, dc?t PA I9I0#?, or im p or in d1h M0Vg% doi tams wy M HW =W yw "Sw to Ibc M " no IC jpI W Nasty and °oW mftr to d-o Land. Yov awn =the peis*d mm at $_12$ 20 aQ Daii m Phis debt ie ovkbwcd by yw* to (Waft) dyed *o lame die m tbla trhM i fm ? wilt tbo &R dcbK if not paid idler, dnc and payable an I gpM3 n&ma*w e t4 = (n) the tnpUyao M of 1e"6Yi&WW by ft Note, with ialetod„ and all ? ? ?md aao?aulaott a?ttieNot? ro)sheptkytae?oettl? trther tmatr, wtgt iet? aboved unftthii Marfpe to peeled tb0 aec s* of &k laid &) ie ptpta mrNeeo at7m covemmt aml ahamaxAta uerhr tbiis Mo[f?tge acrd tLe Now Flnr tide<patpaaes yeu bmby mosVW, gtazt and coomy to ? u sad uar NEa"= Od aslkS 90 Xopeeety laralod m C„mmoI _ Co", ftmqln*? and mm filly da cdbd in alb&" which h a mmi od baeelo acid ode a pad b" K -%& Fvpertw Las the addnws of 494 FKs VAllxY RGAD, cApLaLK PA i?ou (TMperty Addcma"); Toorrimt MM all 6r im?ma now or bestdfer eea.1e 1 aat me pmpaty, aad an 4 appatteaacoes, aid £adm cr noR trrbesalla a peal afft property. Alt doapnb and adde?ivas abd also be Wvste+d bq it+dt l dW*W. All of do Nmpft is to iO fik r UMVp," tbo ?rcpert . Psge z EK i 937FG 1928 11/04/2609 20:54 WIN* PAGE 10/32 YOU CO'VMAt'f'1` that you am IewMy aedaed of 09 eo w bt+saby w>qr qW and ]nro the ti& to RKOPM $W mid coo" lho F'ropbaiy said tW tits Psapatty is ameppemmbatad, etaaeaelrt 6t of s*eiasd you watt#Yt sad will ddaod gemaally the mk b the Pwpmty as"III dabs and deasO"k ssltdeem to ow -I'l 1 ram 0.0 oftem YOU AND WE euvenum and seta a Uto m t. Foyamdt Of h"CIPal, lraaoered =9 Odw [ mW9. You dmM pay wbm due the pa;bmaa d of W4 iateee!aI eaeiag tmdw ft Nam and all A w edw dm vadet ow Noto. 2. PWnmu a of Ta wd lmmwmem You vM paw, wbm daq A but, ammameda, tcaatahold poymeme CC V*md tam (if WO, and bd S as tba ? ? >wtaaoee Of myl We Pet Stony mmty tv caawelvea tad m W9uripq sad aataslgm Ate enallsa adgioa tQ eegmira chat you PSY 10 mt oa ilea day mt dit w due as =a= ORW In aoe-twdffi (1112) a(** yealy lased, sad its (indoQittg oaobovdminsa and pboed =* dovdopmest aea.tmes I , if=y) which MY attain pmerhy am ft b1mor and gland Rob on 60 POP*, if eUw ow =04*d Mt (UIx) of yeffly p- 'I m bd>Vteeb ibc haazm I and httaterataoa, all m We aeesooe* satl®ete iavtiallp and torn time to i mr, ae ailowad by and in scmdow wiib appHW& law. 3. AppVm*m ed P"maafa. Usb appbha Isw ptvvtelca o&Nwbo, aIl psymaria tecdva by sa =der 8?t Wm sped Sead n 1 mull be appal by usa pet' olodutadet Q*Not% k Riot 11+IWW4 * Chain Lh m You sW pwk m aIl of pons dhl'iptim wader any mew, deed ofbu toro>Dwit wkyiaeli 1 , i tawibaV=widra9tbapeiodtymwthlaTY wtM mdufte yaw o"eatmto to matt paymeeda when doe. You datl lap' a9 Uow? aareaauahb?ahaagae, ftm god ianpc*Wm a&ftftUc to the Pmpetty wiriCb may amain Oaelty owrdm htcewv, and lea dwM P®Y tip saay? ul?ala a ym adadf Fmwoy blab to = aII aro14 ufanw mh to be ptdd ands ft Panpiph aad ne ek a ovidcndq teay aaeh - i uu,-j7oa tasabs dial. 1Fw" PmmPtly etiadir¢ge 07 HO (older than a lien AWIMW % us ilk yaw aappbdam or In wy title report wet abftWod) wb b boo pdM*y aree Wt Mctsg+aII& $I tbrd kwors sae. Ym MoR lroep me Ph" V mmvd agebt I= by fan„ buds included widsta do team "ex a coded covemp" and any ad= mok zwbediab fl"& or flooa q, fit wbmb wa vaquin ftwm=L Tlds ima=m ahaR be metabimtd in the dam 1 k hia? asd tw do pepaia i ft vsee peQu? You may d mw mw hatwer tsaom* xcvpMb m va aed adtall bmbm a a lei aaastgagw aWwL Tf we toga so, you abotl p ompdy give us allreoolpb of paid pteenamos and ride nockm . If you fog to =OiM cavaaga to rogvb d in this eom*% poa aa>ttoeisa in to ebbm muh onctspo w vm in ow cafe &wedoo delmWue 11 1 1 t to p niectaw idteaeat la die Y ion ieaooe+dtepaoe sriQtthe proriaiooa ht SocWn 7. Yom =hrd eod and"d wt oW ooratasipa ww pasetd -11 mMy o*M ** Ow i?etat is the Ptap?y and may not cavbyoror h>pett;rt im Ate " o[ au41 PmP'+my tbesriq. You else uandatsttrmd sad segt+ae d+t?t the t fan my eoch iatama =maq be: biow d= dae ptt?ium you woald Pay forsum how== Pope 3 OK I 937PG 1921 11/04/2009 20:54 PAGE 11/32 You shall pasta POY Wfif? 69 taraaec Mad as afny kites We army males pteof of as if yen do net pmq*y da so. Wo may aba, at car Whm nd cn ym beW must sad mW 41mi ae under aba lNIOMM given t ar acgaMsnc I % ft imsesaac6 touFwm omuml'limm w% the eeglaaoeat of amy cbnd aeudtatllset read tereiva insetdetr~e , Yos rppdad ni w >? stfumey k-f ea do 40 Oft* .+b mDpoi lM YM dMhOMd ssd suet is jreaoMW aompletl wide isT t tilt pe+a a of saAbtiiimlcm gad abl nstba a3Wmed by yowm* magersit dmsbgity arm. Insw m pmomeds sbaM be appled toy F I c or repair the Pmpwtj data Wd, ifressoead mm ortep * to aCaawmially goasAite and sac aecoriiy awadd net be loomed Olbrawuab iosaatoecstpttaeaeds abll be applied to shies weaned by this hgmt , whOw ar met deny due, v A mty soaom qW iv you, if 7m abandon dw Property, yr do mot saa+aer wil6ia 30 ft s ow mcloo to you *a rte iomoter bas awed to settle; aLim, tbcla vra may voUeat ssKl seas Weptaraeeda b mpair ar testae the Prep m* a *DFw came seoaaed by This Mw%pge, tnccd m a net Wen doe. The ]D-day pared w M begs wbo m smk* is than. Aady sppiaatiae at'pmooads oo ?uioalpnt aiiall xtot a to used er pot?tpstee We doe dsk ad' paymtsta, .(?'w+e the Pmpeity ? a forced sole iia?wim6 yppiR dedrq{6 y9eC t?t'eP soy imuieaece ptart+eedt e+esaltiag $+aet desaego ba tlao 1'raptrq? prior m tba ae:gntdtten sbaD pass to ea to ire easiest ofibe sane somwW by tens Ma"ge lwmAm* pd a io die aogmb&im Yaio stall wt past say oon3i*m to cm* oar dre Pmpm# *Wt wooK in may wq, iosagd dit die ftwx mce coverage a* t z Pnopaty, b. Prlmvatlarb bimahtwo m m ad PefMrpeYm of the AN" I), IawIr wa Iran ddhall trot dm". &map or madly cbfte dre Pop", abew btts PmpmV to detedoraee. ar m mmit waste. ifib;s Morlg W is an a bmdwkt, year abaft cam* wA dw km. If you mcpim ft tftk to the Propody, the kas&M sad fba tide shall not waW ee@as we Ww to ibo toeaget fm wrfting, 7. Protlctlaa ot Our lab% f• aria ihopmr, Norm b aaytt m If yaa fd to perfa? f6a ooveitents tuaod t?eemaame aataioed m ?alldolisi l; ar *m its lagd pasaoodtsg Wet nay meet v?w m We Piai 7 i rs s proovadir?g m bmmbv W. I m pl-e, ibr 111-g tioc ar £a Ail, ar m tottoave IRVas oT rt?guiemiaets? tine wcmay ssd Pq', abo"My to protoat dw P:opeaty's Y*W and ca iWo in die Property. Ow lm liidmm=sLy ioCl?tda pqi% any mm svmW by t fim which tus prim* waft Alsrp+e at mW sdrmcm seder to Note at dds Mm%sgo, appawil in comb payb* nam=bk sttwsey's tees, p n* say cams whkb you are mgWmd to ppktyy nnder this Maelptge wed calerugg aaa 00 Prepaq to mdm fgmk . Wa do sot bM w take ow acdae we axe peadteed to tdx amder ibis puapvpk Any tmoa momm Ire Pay wailer ifs l g I' dadl become add'itiosal debb yea om mud dwl be o by Asia lbese amotm& shall bear i>yBeealt h m the diabmwmomt We at 6o ttmb aMblidted seder t w NoW and dM be pw d;K w1k Inmr apart oar rape t. ]two re I i' n otlgsga ieaaraapb m a cooftm etwo rag *Alan accused hi' ? M Y? aitsfl imy ? m~' atteb ioipmtmee aneb7 saKli time as ibc tagois?ant far the iosmmec . Page 4 591937PG 1930 11/04/2009 20:54 - PAGE 12/32 & lv*Otl*o. We map mdw catios in and open the Pmpemy to hopwt am d au reasonable timo and upon rmsm A4* ate. 9. Coodnmusmdm Us prmoemb of my aboard tat dursaps, ANd oe a mlWptmtiai, is 00"MCtioat with sW caadaeW*5M Cr other Wft of emy Pmt aFft Ptopstp•. ar ft eaowpsanpe ilk lire of aa+e baldly mmmi?nal aed arm be paid ta?,a. 1166 Yr+eO" is abauiesse t dew, spar notice by us to you that the eomium m aft" v M*b saa a wd ar awe a claim fat dwmapea, pot fin to respmd to m within 3i? slays steer the 000 OW aarica is mhma wm m ae9a 11 ad to CUM aed y+pjjy the psboeeds, st our opdan, rilbe r a ra - radn ur repair 4f the PmpmW orto dko core seanedby ttidos Kottprg% 1nbeft or tot then dta 't3lstees we m d Poe uM m riw qm art vnli , atgr mppiiotdima ofpwaoeds io pdD dpat sIdd pot extend or postpone $te due pf flee ' paytneatel papabbr andmt the Note ssrd pmlaBdtpia t or chow Poe armoaim of meh piy®aeM 10 You An Not Adowed; ftimmruetmm by Us RK a Wdwt. Finsiom of time fur paprtmd or mv?Gatlagr ofaenats?aoion od`the spins secased by this Mmes gsaueed bX m 14 ?y of from st?asolbt in iRberruc s'pall t?ot opetsge m mlaasa yuta brbility to tlrm l odyaar moaeemma at iv?st We :Call ON be t+egwiued m faplmmasooe p=voepolagr agdW soy apWMW ioiiniszsse.11fM C to e l l A tame for payment a otbe+wl9a modid?r amesfJsatito of dra area macotad by d& MastgWby raaan of mW damasmd msdebg? yw ttr ycrr mnseersata iatartast tsar (btbmrao m iaw *W er ""* sladl tot vafve or prechaie ffie em *e of ratty *k at tieaae. lt. 9rremas W ftdAm*W Bad J*W smd ft mml LiuiB1,1, C&flprme'A TM cw wAm and agrrt sttthis l1+Gasfgsge bird ®d boao6tyost asoemaeots and I , I - W- - , quips. )toad CGVCMAUM stmt a, areeats sbaA De?Mt nod mevaesi. Anppps who co.mlg 9 *k ]wloseW bat dtasm not mmft the NOW, (a) is W-fty g dtW Matte ottp m martjw gnat Wd mum torch peows io... . is the pt"mry; (b) is mtpaaonr ebhpsted to prey the Ante, but is afti, m p W aB ut1Kt mmW meoaesd h'Y thfs 1Vlaslgrrge; and (c) ths?kwa rind mm? the a?ba m;1pr bfal?e tna? wret>d raxteod, ?, fo:begr str ttasloe amq+ t?ewa,oradnodtamm segssrbmg dta warms of arts Mortaga as the Norse wbhopt sneh pemm's ccm e"L U. Um Chaa'Bat. If tba hm seamed ley lids age is mob jeot ao a haw which am m xlmmana leap charges, seed dot law is Sn¦ ly loseaIeted so that the iutes®t loan claapOS ooiioafed or to be coUwkd it co®aoGon with the loam awed tint ponni iod hommb them (" wq aorh load dwtp shall be s by Sea a 11 p a t qt y tea todom Aem dhssge to to p mo MM Raft and (b) sea name ahvedy cobeeled tiara yon u wbieh omm d peretlia c l ihh wtil bo tdlmded lu r=. We my cI i m - to malm this of od by redwha &e psiptaipal owed undergo Naps w by umi 9qg a chant payund to yon. Ifs mftimd teidm= pdodp4, the sedoctnou will bo tamcred a7 a 'a ]ptepaymeot w:llhout amy peopapredat ehargc wader the Note. 13. Nvtkft Uam a lbwwise regob p by htw, idlyWaded to yin pev*w fat in teats Mvs'gsBa :ball be dditod qt Wed Oy Past i*n xkw is the Ptmpertr Adhme at my oam w&m you dw* mm by 006w la as. Unless ode xwiw rimed by law, any aiotloe to as :hog W giresr by $s*dWo tam'i to gar sddrems maaod above or catty omen **Waa we dmggam a byte i -'r to yon. Page 3 OKI937PG 1931 11/04/2003 20:54 PAGE 13x'32 14. t'rovsralmjd, LIM $e"nk ty. VM emeasioa of aedb moand by *a MwMW is gtovomed by !algal In% wbadr Fx the papossa of 12 UgC Sad= gS iaompatarea p =wyjMk law. Soaera, the &%wMMfttrod = taemoat a!d&dmA be Sjotbtaedby the bnr o€fo jn oa ioa vrbiclt the PYojtelly it Gooepl asprewq?led by AdkM hw. la %e esaotthat may Vuvieiotl or abates of d&Mottps fe or O*Wcyts ecoffm wi& Lax, wh aawSW sitd *g afiaet other ptwhiom of this Mot>1 p of the Nato Mich caz bt gno tdbm pietottt the eoailictiv f provhdo Ta Hris emd the ptovfitieas of grit Morin tad tlto 1`TOIC seo dsdated b be acv , 13. Tra=(rr of the Property. if $al at MY past of AM Propatty of MY iabeat is it h sold ar vuMfeuod wi2MT asr polo' writeda cooler, we rosy, star option, i gdm fi pagsoe 9 id till of 211 so= s=nrtd by this MarVV. lieaem. this option than not be culcased by m sf gxa, tine is pr+othUW by %dcmi law= of to darn of his bloc ppt Ic Uk of Ajwrsaaeofi (Imp atr 1.mo Savior' Tie Nob bts p MtA9 iotetedt is tba Nabs tt m wti h dais Madtm) maw bo sold sae vrmare times afi&Mpeot native m yea. Ault tpAyreatlt b a im the at "tAaC SGtY1em'? 1 Ofl11eCb 1tID0?ypl51 pettb due tmulat the 1Jote trod t Ate. Tiu+e also maybe an orn me chw4et +of %e Lem Sfso w walaNd to the ask of dw Note. tf d wn is a dasrda afft LoanSsrwkM you WAI be On wrifta oahcc of t$e cb*w as wed bq' appl[osbk law. "fie wflt shits ihs acme asd adios of 6e nuw Loss: San= 2nd dte ads" to wbkh paryntMs AMU be mtde. The nv" vM*o cowWu say im&Mdian replied by "hca ble kw. 17. Re atrdaaa Edwin cam Yea d"got otmas oc pow dt the pt?eatmoe, sae; ft sA eUasase, a relrmte of saey Hssratdoaa 8ubrfaat?l as ae id the J, Yea t? ?tdg4 toot t?11ogr anyeas dse Ua do, a&Wdd g offixft fire hap" that is in vioWiost *fay llarhaoto add Law. The yrcvwft tab amtm oos shall =* apply to ft pml0t w, sae, at amarga as we Pmpt* afHsa>Wm Snbeumn is gaaati w fled sra gmacsliy nmvg iasd to be gipsopslsle 114 wravd ri*WeM ail asst sal W nmadesaaceaftl~trftgxrty. YoudwB*pmmpdyxtvu awtPaanero+i *fwykwe.lijp dmktb&% deassad,l2wsalt ar other aotbaa by toull a roslnLiorw aasao? or Pp? Property and any A*utdeas Mmu" of ll aw ofwbid yoo bare *Md lmo tle fto, V YM )am or ere mod" by sag vva mast of ngdowry -161sity, that say la w"t of 4AW remcdiw= of may S*ax m ftsW= dfect ft hap" is lowemy, yaw shs11 paampey take all nevaaRy MUW6W acbm is aematdsata with 8nvtr ONNOW Uw. As mead is this MattM "ElarwAm 9ubatomW e*e ftw **sU m ckSmad as ink of I at I ass nb*aws by EwimummeW Law and the Eolb ft sabasaaes: garnllw, kwosme, d$w Akwo thle at k me pesolsasprodwk ow pelt and berbid&% vaUft sol"n% mrl m*b oeafiag asbestos at hooddeb *, sod =di etm maurisla. eta arad #t @msM*W Hfffd ssmvd Law" smn Ibd" bras not bw of to j*Wkfm wham 1>ra Property is bested Bad rebb to bee* sooty at en ko mad ptoftticm Psga6 BX 1937F& 1932 11/04/2009 20:54 PAGE 14/32 18. Avedwadaq Remagm We OW olve yt oWn pc1ar to agodatn" bliasrl i poor b mseb of mty ee??e,raat or ovuUmt b bite it leropol (bope li' 10 "dw 8ectiaa 13 ?eless,pp8e,bie iyt+r prptliee adtrabtrj. TM tallesAal t*?br ? ?ia6adtl (1) the wdoo regkb tr care dw delsait (e) Vim toe tbMM,At am bo omA imd (4I4ttlttbare to care toe tktiutlt es apedfied ! rasalt b ttroderatie, a[tie sssof+ taeMrtM by do l- rego., %r wlome by Iudw prom ft =dub dim Pee" tt? Tlra lwaft,li boom it"m rs of the ? to t?dlubate alix aeeeMrdleta band f?teN?t to tttttaatt iM Ae ba,daame paaetrel,ss ? aer^e soa of a tte[ault dr ssq otTwlr tk&tast ?! >7a ttaeeirpltte NM ?1sy oaarsw. y'tk dettgdt fs udt t ttt r?aA, rwe ttaq, ? oar ?a bosodl,b? Is litxdai4 t't?iK t+etartd b7' ? M+rttt?ye prlid? lfarlier tlatetri sad atgliwataaelii ? Jatdetd psoa?,diad. We t1a11 btr eulftMrl tba tstbat ? taapurter Iiaae,sai b tlda nasedass pr+owlied is ttttb 8antaM i?, l,dtatrdti Ib,t Mat ? en, s+eaaaesabip afleett?+IP k?at as pertNdgdd bs app l=*k kw attd c n W of 0b ewide,etr b oa tmitetf rsradtbsi i7 bow. 19. Dt r aimmoce of I saat Notwieibpft ow agcdmd q of me tMms mmvd by tbis Ma'W vodor dw pmawisitma afSm*m 19, vm no% is air oak dh=W m and upm aab omxlidm awe is our dole disme do de h%m* e, dbcOAtWwm7 W90eo begin to cWbme the teems of9ds M~. 21L Rebut. Upon pynidm of afl soma sec and by this Na Vm&e, we dull diodwp and seh* deft tlfoagm aidww charge: to yore. Yea. "n pay =7 tommddam +todte. 11. AddlttetMel f haegs, You abet to pay tesaoosbta dmWw ss allowed by kw in wuaectim wilt the saviaigg of Us kan iaeiudmg, witlagpt iine WA04 tits CM of ob%bft tax $Mvbev and sabo>tlmsei=L i n*kled, however, dm golbtgg caagiaed is thin ee oait dmded to Fee.ae tad ehsll not be eonsvned to crests my duty w oft dm by no to pari4m say sorb. act, arm e:amo or coomm to sir each UmUad m or tmttw, exodpt ¦ tddowe of the b fix% gt; Wo hU npspmcat of sll winos sot o4 ameby. 2:L Wakes Yea, m tha assess I by %Vbomble kw, waive and robsae my enm or defect in peocvedrag 1o eo(oeot tilt Mo t ee, sad WAY wk)vo tfe boe61 of oo y ple cd or fiftm lays p e widiag far oral of eatat axiom exaenslaa ofd m, aaoemi " ilra n eeadmmw, levy end sak. read ham micad exetnpfm IVs waive by= Amy time of my term, peuvidm or ourassmt , i ieead io dds MatgraMe or ig (bb Nord edora+ed bapMby abAII 6e dt!anad ao be cr tid?btted id a.naver of tagr other txrat, p?? ax covemaaa qd od"1Le acme tatm. ptovidOa of cnvenast at tsty otbm t>au. 23. ftdmhMmwmi Pwbd. Your 6cm b .Buts provided in Section 13 "cxtasd to one Loan pior to dw eemme,cementofbb &M m e dears =bar other ob ptaotu o m flea Mottpgo, x Notary bl+rt g 11' airy of rice debt scared by tttiw Moftow is lest to you ""Mite otfr t p tbt:1`t+ "ty, its>*da?e dge11 be ei petrkp a atoae9 taartgsde, Page 7 9K 1937PG 1933 11/04/2009 20:54 PAGE 15/32 M L1up M ROM A W JIMISIseat. Yan WON 9W ON I " I - - t ode payable aft a jvdMM is entered an toMft orfa va ectfau of oatge fwvctoxwo &A 6r ihe tw payable St m tone to dw MKIM dw Nome. BY SIGN M ULOW, you WMTr and %M to the UM MW Owgftm# Mbitad in tltie Mortgage =dcwcwvd by you.. Signed, waled sad deliveW in floe pm mcc of Wwoomtwwrum IQYCE A yMrrfAM PW8 DR 1937PG 1934 11/04/2039 20:54 momm PAGE 16/32 CERTI[W&7$ OF IOMMEXft OF M[lRTGAM I do hMby omtkty duet dw pwdp Upy ad p ph ft of bash== o£ the +ric?an named wm'PM'r 1733 Maaimt BR& PbdtadaZnLia. PA 19103 tid"m Book of +e.aNgr mlk Name: ?,,,,, Ti ft: Page 9 BX 1937PG 1935 11/04/2009 20:54 r% PAGE 17/32 iND M1DUAL A LEDOWNT STATE OR COMMONWEALTH OF COUNTY OF v4ry7f5jzjz?? ? On the day of'? c-orctrt , before rr* appea EL WOOD R WEST"AFER to me permially known to be the person(s) whose name(o) is are sub =W to this a ument, and such person(s) sdamwledged VW . helsheft,ey =iexecuted the sane tar the pupates therm oontained, and (li) exec this inistrument as then' tte ed wW deed. IN WITNESS WHEREOF, I hereunto set my hand and oft~cial seal. tOfciall) W -A 2!X MUM am ?'" •: ?. *Q0111IN111ftlP Rd r?fff4fgN? 1V1•••: Att"on Reg!stry of Dft%ddTmn or City Clark: Crtmns Bank Consumer Finance Operations - RJW215 1 Citizens Drive River side, R! 02915 ACM 4/03 SK 1937PG 1936 11/04/2009 29:54 INDIVIDUAL EDt NNW S'TAT'E OR COMMONWEAL` H F a I )t COUNTY OF CAMeJOa wry 0 PAGE 18/32 on the k ? day before Me appeared JOYCE A WES MA R to me personally known to be the persons) whose name(s) islare wbwAbed to this instrument, and such person(s) eelcnc?wisdged that helslieithey {? executed the same for the putpom therein contained, and (ii) ex this instmment as their free act and deed. IN WITNESS WHEREOF, I hereunto set M hand and official seal. ( dal §Ppl) ?l S ?' Wit; sew mention FU9I'Y of DeeciWtown or My Clerk; Citizens Bank Consumer Finance OperaVons - RJW215 1 Citizens Drive Riverside, Rl 02915 AMA 4/03 BK f 937PG 1937 11/04/2009 20:54 ExMbt A? IM Numbear 19 Low f: 6793509 $atmwet: MWOOD R WESTILAM LEGAL D MN Coartty of CUMBERL "D, Std Of PA PAGE 19/32 Land ref6md to in this Mon it dtacdbed as atl that carmin p m9eaty situated in Sibw Spdag Towasldp, in ft Cm" of Cumbedatd. wA SMtc of Pbm*ivmda. and bung dm dbed in a Deed damd 0813 M, and mootded OildgrT194 among the laad R+eaotds of the mmty and staff as set forth above and tad es foilo*%-. Back W30, P'6ge 697. Mx* further described m: All *M fitvA of I=d saiasate m Sflver Spm$ Township. QamnberbW Cm mty, Pe>osisyiva r ia, as more pardewNty dweribed as fc &m& to wit BeWaning at a point in Legislative Route 21053 (Rich V4 y Ro* which point is 2M ft. soudmedL* of the fntarawdon of U101tUiver ROM 210153 with > eaftylvaia Roate 944 (Warn ille RoW); Ommx >iogg legislative Route 21053 Sout 22 dog 10 Hain Was,, a dirt m= of 155.50 ft to a point tbenoc dl mg Jod now at focmady of Ketneth X Bricker North 67 deg 50 min Went, a chstmw of 275 feat to a ndrifiuaed bar, t wan along load retained by C Whaint E. Vogelsang North 22 deg 10 min Fart a dial of 360.02 ft to a paim in Powsylvania, kosrae 944; them mWag Feria Route 944 Soulb 66 deg 2 min East, a & m xt of 155.08 ft to a pobt; theaca slang bad of glees Sonde 22 deg 10 ruin west, a shaaarm of 200 A 4o a pubw, d m m watinaft along land of g mtm Srnrth 68 deg 0 min East, a distance of 120 ft to the point of begi=ht& Assessor Pamd No: 3$4)5-0435 T ?'? •r,,, t,?;., he recorded J III CUmburl.-;wJ County PA s Recorder oMeeds .OK1937PG 1938 EXHIBIT `B' a Citizens Bank tllll? I ?rrDlllf? note MORTGAGE LOAN PROMISSORY NOTE AND DISCLOSURE STATEMENT Borrower(s): S W00D it WSSTHAP st JOYCa A W8STH"Im Lender: ? 8 izState ens Banks f Massachusetts ? Citizens Bank of Cormonicut M Citizens Bank of Penmsylvania 63 Eugene O'Neill Drive 1735 Market Street Boston, MA 02109 New London, CT 06320 Philadelphia, PA It ? Citizens Bank of Rhode Island ? Citizens Bank New Hampshire ? Citizens Bank 1 Citizens plaza 875 Elm sired 919 North Market Street Providence, RI 02903 Manchester, NH 03101 Suite 200 Wilmington, DE 19801 Principal Amount: 5329, 200.00 Interest Rate; 7.250 a/o Date of Note: 12/15/2005 In Ws Note, the words, "Borrower", "you," and "your" mean each and every person who signs this Agreement, including all Borrowers named above. The words "we, "us", "our" and "Lender" mean Citizens Bank of bunachusetts, Citizens Bank of Rhode Island, Citizens Bank of Connecticut, Citizens Bank New Hampshire, Citizens Bonk of Pennsylvania, or Citizens Bank (our Delaware Bank), as indicated above, herein after referred to as "Citizens Bank". FOR VALUE RECEIVED, the undersigned (jointly and severally if more than one) promise to pay to the above named Lender or order, the principal sum of $ 5129, a oo. 0_0 _ Dollars with imcm3t at lbe rate of 7.350 %per annum, payable in 3.L L consecutive monthly installments of S 88.1.54 each, and a final installment to include all principal and accrued interest, and late charges, insurelum premiums and 11 ocher charges, if any. The first such installment will be due on 01/20/2006 and the remaining installments on the same day of each month thereafter until paid in full. All payments will be applied first to interest, then to insurance charges, if any, end then to principal, and any remaining amount to unpaid collection costs and late charges and any other charges you may owe. 7'he interest rate required by this section is the rate you will pay both before and after any default described in the default section. Finance Charge: Interest on this Note is computed on a 365/366 simple interest basis. First we apply the ratio of the annual interest rate over the number of days in a year (366 during leap years), multiplied by the outstanding principal balance, multiplied by the actual number of days the principal balance is outstanding. Amount Financed T f l The cost of yon credit as a yearly rate The Mbar amount the aedit will cost You Thc annum of t provided ercdi ; , o ota Payments The amount you w1{i have to you or oa 0 11.11 paid *11- Vy sirs hhadC nit paymatta V. scircdulod 7,250 % $188,154.40 $129,200.D0 $317,354.40 PAYMENT SCHEDULE: NUMBER OF PAYMENTS AMOUNT OF PAYMENTS WHEN PAYMENTS ARE DUE Monthl be ina on 360 asi.54 Monthly beginning on 01129/2006 e payment schedule and "Total of Paymcnis" scheduled above assume that all payments are made on the due date. Ifpayments are made late, the amount of interest payable hereunder will continua to accrue on the unpaid principal balance and The total interest hereunder will increase. PREPAYMENT: If you pay off the entire balance of your loan before the due date, you may be charged a penalty as follows: MA (first lien): If you pay off your loan within the first twelve (12) months of the date of the note, wo may charge you, and you agree to pay us, a penalty equal to (a) the balance of the fast year's interest. (b) three (3) months' Interest as of the date of prepayment, or (c) $250, whichever is lest. If you refinance your loan with another institution within the first twenty-four (24) months of the date of the note, we may charge you, and you agree to pay us, a peualiy of the lesser of a) three (3) months' interest as of the date of prepayment or (b) $250.' CT (first lien), DE, MA (second lien), ME, NH, VT: If you pay oft' your loan within two (2) years after the date of the note, we may charge 77 , and you agree to pay us, a penalty of $250. * CT (second lienf you a off our loa withi tw (2 f h d p y y n n o ) years a ter t e ate of the note, we may charge you, and you agree to pay us, a penalty of the lesser of ,five percent (5%) of the principal balance that you prepay or $250. * RE If you pay off your loan within the first year of the date of the loan, we may charge you, and you agree to pay us, a penalty lesser of a) 2% of the balance due at the date of payoff or b) $250. NJ, PA: If you pay off your loan before She due date, you will not have to pay a penalty. "Assessment will be limited to the first 12 months of the loan if the term is five (5) years or less. LATE CHARGE: Your late fee will be calculated as follows, based on the state or commonwealth as indicated above: MA: Your payment will be late if it is not received by us within 15 calendar days of the Payment Due Date shown a above. If your payment is late, we my charge you 3.000% of the regularly scheduled payment of principal and interest . CT and RI: Your payment will be lat e if it is not received by us within 10 calendar days of the Payment Due Date shown above. If your payment is late, we inay charge you 5.000% of the regularly scheduled a rinci ment of al d i t p y p p an n erest, or $10.00, whichever is less. NH: Your payment will be late if it is not received by us within 10 calendar days of the Payment Due Date shown above. If your payment is late we may charge you 7.000% of the regularly scheduled payment of principal and interest or $12.50, whichever is greater. PA and DE: Your payment will be late if it is not received by us within 15 calendar ;lays of the Payment Due Date shown above. If your payment is late, we may charge you 10.000% of the payment or $20 00 whichever is e t . , gr a er. You will pay this late charge only once on any Isle payment. VIM Page 2 f .-.4 Y: You are giving a security interest in real estate located at VALLEY ROAD, CARLISLE, PA 17013 to Lender's security interest and other rights in your deposit accounts. Someone buying your home cannot assume the remainder of the mortgage on its original terms. other related contract documents for additional information about nonpayment, default, the right to accelerate the maturity of obligation and security interests. I'CEMIZATIOiN OF THE AMOUNT FINANCED: Itemization of the amount financed of ............................................................ $ 129.200.00 16W 4.', Amount given to you directly .......................................................................... Prepaid Finance Charges ................................................................... Amount(s) paid to others on your behalf. TO CITI r $ pp yy TO mmm A=RICA $? e L; ? TO DISCOy%R HIN SVS LLC w $ (? TO F? F $ TO TO $ TO $ TO _^ $ TO $ TO _ $ TO $ TO _ S TO $ TO $ TO $ TO $ TO _ INSURANCE COMPANY $ 0.00 TO Settlement Fees $ 0.00 COLLATERAL: In addition to the protections given to the Lender under this Note, this Note is secured by a Mortgage dated 12/15/2005, to Lender on real property located in CIDOW I AM County, State of PA , all the terms and conditions of which are hereby incorporated and made a part of this Note. DEFAULT: You will be in default if any of the following events happens: (a) You fail to make a payment when it is due under this Note or any other loan you may have with Citizens Bank. (b) You have made any false or misleading statement(s) in your application for this Note or any other loan you may have with Citizens Bank, or there is a material adverse change in your financial condition. (c) An assignment has been made for the benefrt of your creditors or an entry of judgement has been made against you, or someone tries to take or attach any of the collateral. (d) You fail to comply fully with any term or condition of this Note or any other loan or agreement you may have with Citizens Bank. (c) You die or become insolvent, a receiver is appointed for any part of your property, or any proceeding is commenced either by you or against you under any bankruptcy or insolvency laws. Page 3 COLLECTION COS'T'S: If you fail to abide by any of the terms of this Note, and if we are permitted to do so by applicable law, we may hire or pay someone else to help collect on the Note. You will pay all reasonable collection costs, including reasonable attorney's fees incurred by us in the collection of amounts due under this Note as permitted 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 judgement collection services. In New Hampshire, is but only if, by applicable law, we are permitted to collect attorneys fees from you as part of our costs of collecting any amounts due under this Note, then you, to the extent required by New Hampshire Revised Statutes Annotated Chapter 361-C, as amended, shall be entitled to reasonable attorney's fees if you prevail in (a) any action, suit or proceeding brought by us, or (b) any action brought by you. If you successfully assert a partial defense or setoff, recoupment or counterclaim to any action brought by us, the court may withhold from us the entire amount or such portion of the attorney's fees as the court considers equitable. OFFSETTING DEPOSIT ACCOUNT: Unless prohibited by applicable law, we may apply money from any of your deposit accounts with us, or our affiliates, now or in the future, to pay all or a portion of any amount overdue under this Note. We may use this right of offset without giving you notice, unless otherwise required by applicable law, UNIFORM SECURED NOTE: This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if you do not keep the promises which you make in this Note. That Security Instrument describes how and under what conditions you may be required to make immediate payment in full of all amounts you owe under this Note. Some of those conditions are described as follows: 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 consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this optiot>,•Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 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. PAYMENTS: All payments must be made by a check, money order, or other instrument in U.S. dollars and may be mailed or made at any Citizens Bank office during regular banking hours. Payments sent by snail must be mailed early enough to insure receipt by us on the Payment Due Date. Inquiries and payments may be directed to: Citizens Bank Consumer Finance Operations I'Citizens Drive Riverside, RI 02915 1400-922-9999 PREPAYMENT: If you pay off the entire balance of your loan before the due date, you may be charged a penalty as follows: , MA (first lien): If you pay off your loan within the first twelve (12) months of tke date of the note, we may charge you, and you agree to pay us, a penalty equal to (a) the balance of the first year's interest, (b) three (3) months' interest as of the date of prepayment, or (c) $250, whichever is less. If you refinance your loan with another institution within the first twenty-four (24) months of the date of the note, we may charge you, and you agree to pay us, a penalty of the lesser of a) three (3) months' interest as of the date of prepayment or (b) 5250.' CT (first lien), DE, MA (second lien), ME, NH, VT: if you pay off your loan within two (2) years after the date of the note, we may charge you, and you agree to pay us, a penalty of 5250. CT (second lien): If you pay off your loan within two (2) years aRcr the date of the note, we may charge you, and you agree to pay us, a penalty of the lesser of five percent (5%) of the principal balance that you prepay or $250. * Ill: If you pay off your loan within the first year of the date of the loan, we may charge you, and you agree to pay us, a penalty lesser of a) 2% of the balance due at the date of payoff or b) $250. N3, PA: If you pay off your loan before the due date, you will not have to pay a penalty. *Assessment will be limited to the first l2 months of the loan if the term is five (5) years or less. Page 4 y LATE CHARGE: Your late fee will be calculated as follows, based on the state or commonwealth as indicated above: MA: 'Your payment will be late if it is not received by us within 15 calendar days of the Payment Due Date shown above- If your payment is late, we may charge you 3.000% of the regularly scheduled payment of principal and interest. CT and RI: Your payment will be late if it is not received by us within 10 calendar days of the Payment Due Date shown above. If your payment is late, we may charge you 5.000% of the regularly scheduled payment of principal and interest, or $10.00, whichever is less. NH: Your payment will be late if it is not received by us within 10 calendar days of the Payment Due Date shown above. If your payment is late we may charge you 7.000% of the regularly scheduled payment of principal and interest or $12.50, whichever is greater. PA and DE: Your payment will be late if it is not received by us within 15 calendar days of the Payment Due :Date shown above. If your payment is late, we may charge you 10.009% of the payment or $20.00, whichever is greater. You will pay this late charge only once on any late payment. DOCUMENTATION: You agree to execute or re-execute any document that we request in order to correct any error or omission in the original Promissory Note, Mortgage, or other loan related documents, including, but not limited to, Confirmatory or Corrective Mortgages. MISCELLANEOUS: Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them. You and any other person who signs, guarantees or endorses this Note, to the extent allowed by law, waive presentment, demand for payment, protest and notice of dishonor. Upon any change in the terms of this Note, and unless otherwise expressly stated in writing, no party who signs this Note, whether as maker, guarantor, eecommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew or extend (repeatedly and for any length of time) this loan, or release any party or guarantor or collateral; or impair, fail to realize upon or perfect Lender's security interest in the collateral. All such parties also agree that Lender may modify this loan without the consent of or notice to anyone other than the puty with whom the modification is made.. GOVERNING LAW; This Note is governed by federal law and by the laws of the state or commonwealth. as indicated above: The Commonwealth of Massachusetts, the State of Rhode Island, the State of Connecticut, the State of New Hampshire, the Commonwealth of Pennsylvania, or the State of Delaware. 'ro the extent that federal law preempts state law, this Note Is governed by federal law. If any provision of this Note conflicts with any existing or future law, it shall be deemed modified to the extent necessary to +:omply with such law and the validity of the remaining terms shall not be affected. If you are a Maryland resident, this Note is governed by federal law and by the laws of the state or commonwealth In which the bank is located, except that to the extent, but only to such extent, that this :Vote is not governed by the laws of the state or commonwealth in which the bank is located, the provisions ,of Sections 12-1001 et seq. (Credit Grantor Closed End Credit Provisions) of the Commercial Law Article of the Annotated Code of Maryland shall apply. The undersigned acknowledges that before signing this Note that all blank spaces were completed, that the undersigned ltad read this Note, fully understand its provisions and approves the terms and conditions set forth herein, and that the undersigned has received a copy of this Note as so completed. INSURANCE: You may obtain property insurance from anyone that is acceptable to the Lender. If your collateral property is located in a designated Flood Zone, you must also maintain adequate flood insurance on the property. If any required insurance on the Collateral expires or is canceled and you fail to purchase and maintain such required insurance, the Lender may (but is not required to, except in the case of required flood insurance) purchase insurance on the Collateral and either: (i) add the cost of the insurance to the unpaid principal balance you owe under this Note (in which case you agree to repay the cost of the insurance in accordance with the repayment terms of ibis Note), or (ii) bill you separately (in which case you agree to pay the bill immediately). In either case, the amounts you owe for the insurance premiums will accrue interest at the interest rate provided in this Note until repaid in full. You understand and acknowledge 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. x r' Page 5 You, the undersigned, certify that you have in==t described in the section entitled "SECURITY" on Page I of this Note, against toss by fire in the o cover this lien and ail superior liens, and that the policy includes extended coverage and has a standard mortgagee clause making loss payable to Citizens as its interest may appear. You agree it is your responsibility to keep the premises as identified in the section entitled "SECURITY" on Page 1 of this Note, insured in an amount at bast equal to the replacement cost of any buildings on the above property, and until this Note is paid in full. You understand that you may purchase any required insurance through any duly licensed insurance agent and insurance company that is reasonably acceptable to us. You are not required to deal with any of our affiliates when choosing an insurance agent or insurance company. Your choice of a particular insurance agent or insurance company will not affect our credit decision, so long as the insurance provides adequate coverage with an insurer that meets our reasonable requirements. All documents related to insurance for this loan should be mailed to the following address: Citizens Bank, Consumer Finance Operations I Citizens Drive Riverside, Rl 02915 (800)708-6680 You acknowledge that any payoff amounts referenced in the Itemization of Amount Financed section of this Note and the HUDi-A form were estimates based on the balances listed on your credit bureau report(s). By signing below, you authorize all handwritten changes, made both to the payoff figures in this Note and the AUDI-A form, and confirm that these changes accurately reflect the payoff figures you provided at closing. You acknowledge that you received and read, as applicable, the Home Equity disclosure statements provided to you during the application process, which include When Your Nome is On the Line, Servicing Disclosure Statement, Good Faith Estimate, Right to Receive a Copy of an Appraisal, Citizens' Pledge Regarding the Responsible Use and Protection of Customer Information, for MA residents only, Massachusetts Mortgage Loan Disclosure, Uniform Mortgage Loan Cost Worksheet, Consumer Guide to Obtaining a Mortgage, for CT residents only, Mortgagor's Right to Counsel, for RI residents only, Choice of ?isle Attorney Disclosure, for NJ residents only, Right to Own Counsel Disclosure and for MD residents only, Processing your Loan Application, Settlement Services. 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. NOTICE TO NEW JERSEY BORROWERS: READ THIS NOTE BEFORE YOU SIGN. DO NOT SIGN THIS NOTE IF IT CONTAINS BLANK SPACES. THE NOTE IS SECURED BY A SECONDARY MORTGAGE ON YOUR REAL PROPERTY, SIGNATURES: ELWOOD It JOYCE A EXHIBIT `C' 1"l CCO Mortgage All0c January 1.2, 2012 Sent U.S.P.S MAIL AND CERTIFIED MAIL Joyce A Westhafer 499 Rich Valley Road Colebrook PA 17015 RE: Loan No. 10561 Telegraph Rd Glen Allen, VA 23059 www.cco m ortga ge.corn NOTICE OF INTENTION TO FORECLOSE MORTGAGE Dear Mortgagor/Property Owner: The Mortgage held or serviced by CCO Mortgage (hereinafter "we", "us", or "ours") on your property located at 499 Rich Valley Rd Carlisle PA 17013, IS IN SERIOUS DEFAULT because you have not made the monthly payments of $ 881.54 for the months of 04-20-11 through 01-12-12. Late charges and other charges have also accrued to this date in the amount of $ 320.00. The total amount now required to cure this default, or in other words, get caught up in your payments, as of the date of this letter, is 04-20-11 through 01-12-12 @ $ 881.54 = $7,933.86 other charges (explain/itemize): Pre-Default Late Charges; = $ 320.00 Suspense Credit to Borrower: = $0.00 Non-Sufficient Funds ]Fees: = $ .00 Inspection Fees: = $10.25 Appraisal Fees: = $0.00 TOTAL AMOUNT PAST DUE: = $ 8,264.11 You may cure this default within THIRTY (30) DAYS of the date of this letter by paying to us the amount of: $ 9,145.65 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 to: CCO Mortgage Problem Debt Management 10561 Telegraph Rd Glen Allen, VA 23059 Mortgages are offered and originated by RBS Citizens, N.A. CCO Mortgage is a division of RBS Citzens, N.A. All loans are subject to approval. 1] Equal Housing Lender CE RBS Mortgage NOC 10561 Telegraph Rd Glen Allen, VA 23059 w,v',v.ccomortgage.com If you do not cure the default within THIRTY (30) DAYS, we intend to exercise the lender's right to accelerate the mortgage payments. This means that whatever __s 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 or other similar official to pay off the mortgage debt. If we refer your case to our attorneys, but you cure the default before we begin legal proceedings against you, (but after the 30 day period given in this letter has expired), 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 the lender, which may also include our reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. The lender 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 (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one (1) hour before the Sheriff's or other similar official 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 or other similar official's sale could be held would be approximately six (6) months from today. A notice of the date of the Sheriff's or similar official 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: (800)456-8855. This payment must be cash, cashier's check, certified check or money order and made payable to us at the address stated above. You should realize that a Sheriff's or other similar official 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 or other similar official sale, a lawsuit could be started to evict you. CO142 KDY Mortgages are offered and originated by RBS Citizens, NA. CCO Mortgage is a division of RBS Citizens, N.A. All loans are subject to approval. 1 ] Equal Housing Lender RBS A NCO M ge V'i AIR 10561 Telegraph Rd Glen Alien, VA 23059 wwvv.cca rnortgage.corn You shall have the right to assert in the foreclosure proceedings the non-existence of a default or any other defense that you may have to acceleration or foreclosure. 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 BORROWER 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 AND PAID PRIOR TO OR AT THE SALE, AND THAT THE OTHER REQUIREMENTS UNDER THE MORTGAGE ARE SATISFIED. CONTACT US TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT EXIST. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. If you cure the default, the mortgage will be restored to the same position as if no default had occurred. However, you are not entitled to this right to cure your default more than three times in any calendar year. PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT CCO MORTGAGE IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Sincerely, Default Management Toll Freer 1-800-456-8855 00141 KDY Mortgages are offered and originated by RBS Citizens, N.A. CCO Mortgage is a division of RBS Citizens, N.A. Al bans are subject to approval. n Equal Housing Lender RBS Tl9l FORM 3135663 VERSION: 03111 t ` THE FROM WALZ U.S. PAT. NO. 5,501,393 71 i? 9GG? 93.] 7? 307 S 7,60 - WALZ • CERTIFIED 9 ??' MAILERTM i JOYCE A WESTHAFER Label #1 499 RICH VALLEY ROAD COLEBROOK PA 17015 A -S SENDER: _? I REFERENCE: zry olrlsnol2 Label #2 4 PS Form 3800 Jarwa 2005 RETURN Postage 1 ;I RECEIPT SERVICE Certified Fee - ---- --- Retum Receipt Fee ;I Reshicted Delivery JOYCE A WESTHAFER 'I it Total Postage & Fees Label #3 Ei US Postal Service% POSTMARK OR DATE 499 RICH VALLEY ROAD COL Receipt for EBROOK PA 17015 Certifier! Mail", p No Insurance Coverage Provitlad I a FOLD AND TEAR THIS WAY--? OPTIONAL ---- ------------------- ------ :I Do Not Use for International mail I ? r......------••----.. 1I5 Label ,...----°•-....-•..........,_^....-.--.-•-.....-..-•--''-- --- --------------------------°•---•--- --------------._--_...................... Label 06 O i ? ? erl e JOYCE A WESTHAFER I m • . 499 RICH VALLEY ROAD I rq COLEBROOK PA 17015 ' 117 I • C3 + Charge O Amount: Cr Charge N To: FOLD AND TEAR THIS WAY CCU Mortgage Not January 12, 2012 Sent U.S.P.S MAIL AND CERTIFIED MAIL Elwood R Westhafer 499 Rich Valley Road Colebrook PA 17015 RE: Loan No. alv? 10561 Telegraph Rd Glen Allen, VA 23059 www.ccomortgage.com NOTICE OF INTENTION TO FORECLOSE MORTGAGE Dear Mortgagor/Property Owner: The mortgage held or serviced by CCO Mortgage (hereinafter "we", "us", or "ours") on your property located at 499 Rich Valley Rd Carlisle PA 17013, IS IN SERIOUS DEFAULT because you have not made the monthly payments of $ 881.54 for the months of 04-20-11 through 01-12-12. Late charges and other charges have also accrued to this date in the amount of $ 320.00. The total amount now required to cure this default, or in other words, get caught up in your payments, as of the date of this letter, is 04-20-11 through 01-12-12 @ $ 881.54 = $7,933.86 other charges (explain/itemize): Pre-Default Late Charges: = $ 320.00 Suspense Credit to Borrower: _ $0.00 Non-Sufficient Funds :Fees: _ $ .00 Inspection Fees: = $10.25 Appraisal Fees: _ $0.00 TOTAL AMOUNT PAST DUE: = $ 8,264.11 You may cure this default within THIRTY (30) DAYS of the date of this letter by paying to us the amount of: $ 9,145.65 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 to: CCO Mortgage Problem Debt Management 10561 Telegraph Rd Glen Allen, VA 23059 Mortgages are offered and originated by RBS Citizens, N.A CCO Mortgage Is a division of RBS Citizens, N.A. All bans are subject to approval. 1:2) Equal Housing Lender KI RB5 4)c CCO Mortgage 14561 Telegraph Rd Glen Allen, VA 23059 www-ccornortgage.com If you do not cure the default within THIRTY (30) DAYS, we intend to exercise the lender's 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 or other similar official to pay off the mortgage debt. If we refer your case to our attorneys, but you cure the default before we begin legal proceedings against you, (but after the 30 day period given in this letter has expired), you "Ul 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 the lender, which may also include our reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. The lender 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 (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one (1) hour before the Sheriff's or other similar official 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 or other similar official's sale could be held would be approximately six (6) months from today. A notice of the date of the Sheriff's or similar official 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: (800)456-8855. This payment must be cash, cashier's check, certified check or money order and made payable to us at the address stated above. You should realize that a Sheriff's or other similar official 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 or other similar official sale, a lawsuit could be started to evict you. 00140 KDY Mortgages are offered and originated by RBS Citizens, NA CCO Mortgage is a division of RBS Citizens, N.A. All loans are subject to approval. O Equal Housing Lender Xn RBS 50'9 CCO Mortgage Not 10561. Telegraph Rd Glen Alleri, VA 23059 www.ccomortgage.corr, You shall have the right to assert in the foreclosure proceedings the non-existence of a default or any other defense that you may have to acceleration or foreclosure. You have additional rights to help protect your interest in the property: YOU HAVE THE RIGHT TC SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT, OR TO BORROWER 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 AND PAID PRIOR TO OR AT THE SALE, AND THAT THE OTHER REQUIREMENTS UNDER THE MORTGAGE ARE SATISFIED. CONTACT US TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT EXIST. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. If you cure the default, the mortgage will be restored to the same position as if no default had occurred. However, you are not entitled to this right to cure your default more than three times in any calendar year. PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT CCO MORTGAGE IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Sincerely, Default Management Toll Free: 1-800-456-8855 C0141 KDY Mortgages are offered and originated by RBS Citizens, N.A. CCO Mortgage is a division of RBS Cozens, N.A. All loans are subject to approval. 1Q Equal Housing Lender aA RBS • TM FOR 719L SODA `3111 3L57 4153 - THE FROM WALZ U.SS.. PAT. NO. NO. 5 5,,5501,353 PAT. NO. WALZ a CERTIFIED T®: I MAILER TM '. I Label #1 } 499 RICH VALLEY ROAD COLE13ROOK PA 17015 8 i W? 33 SENDER: ; Z REFERENCE: 01/13/2012 Label #2 a as PS Form 3800 Janus 2005 RETURN Postage 1 1 RECEIP'T' Certified Fee RV S E ICE Return Receipt Fee ( ?I Restricted. Delivery ELWOOD R WESTHAFER Total Postage & Fees Label #3 I P US Postal Services' POSTMARK OR DATE 499 RICH VALLEY ROAD :1 i Receipt for COLEBROOK PA 17015 :I Certified Mail"' r No Insurance Coverage Provided •- FOLD AND TEAR THIS WAY-o- OPT10NAL -------------- - ....... .--------° ----- _---_----•---• = ----------- l i .._ ----, .._-.._-----..,,,.. ..,_..... ._ - . _.. _. - Do Not Use for International Malt I Label #5 _ .... . , _........... ------------ ...... _......................... .............. I"If8 rn Ln tti ? L ELWOOD R WESTHAFER m 499 RICH VALLEY ROAD a COLEBROOK PA 17015 A Ir t i `D Charge C3 Amount: tr- t7' Charge r 9 To: _ FOLD ANDTEAR -------- WAY e.? i - VERIFICATION The undersigned hereby states that the statements made in the foregoing pleading are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unworn falsification to authorities. S r? Name: C? aY-w 1 ygav Title: r Citizen Bank of Pennsylvania IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. LAW OFFICES OF GREGORY JAVARDIAN o 4 GREGORY JAVARDIAN, ESQUIRE Id. No. 55669 MARY F. KENNEDY, ESQUIRE Id. No. 77149 L ? MEGHAN K. BOYLE ESQUIRE Id. No. 201661 r SEAN P. MAYS, ESQUIRE Id No. 307518 RICHARD J. NALBANDIAN, III, ESQUIRE Id No. 3 12653 1310 INDUSTRIAL BOULEVARD 1 ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 ATTORNEY FOR PLAINTIFF CITIZENS BANK OF PENNSYLVANIA COURT OF COMMON PLEAS 10561 TELEGRAPH ROAD GLEN ALLEN, VA 23059 CIVIL DIVISION PLAINTIFF CUMBERLAND COUNTY VS. ELWOOD R. WESTHAFER JOYCE A. WESTHAFER NO. 499 RICH VALLEY ROAD CARLISLE, PA 17013 COMPLAINT IN DEFENDANTS MORTGAGE FORECLOSURE NOTICE OF RESIDENTIAL 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. 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 2439400 extension 2510 or 800 8225288 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 attached 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 THESTEPS REQUIRED BY THIS NOTICE THIS PROGRAM IS FREE. Date Respect ly sub i ed, Gregory Jav r r an, Esquire Id. No. 55669 ? Mary F. Kennedy, Esquire Id. No. 77149 ? Meghan K. Boyle, Esquire Id. No. 201661 ? Sean P. Mays, Esquire Id. No. 307518 Attorneys for Plaintiff 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 CUSTOMER/ PRIMARY APPLICANT Borrower name(s): Property Address: City: Is the property for sale? Yes ? No ? Realtor Name Realtor Phone Listing date: State: _ Zip:_ Price: S Borrower Occupied? Yes ? No ? Mailing Address (if different) City Phone Numbers: Home: Cell: Email: Number of people in household CO-BORROWER Mailing Address: City: State Zip: Phone Numbers: Home: Office: Cell: Other: Email: Number of people in household FINANCIAL INFORMATION First Mortgage Lender: Type of Loan: Loan Number_ Second Mortgage Lender: Type of Loan State: Zip: Office: Other: How long: How long: Date You Closed Your Loan: Loan Number Insurance:$ Primary Reason for default: __ Total Mortgage Payments Amount: $ Date of Last Payment: Is the loan in Bankruptcy? Yes ? No? If yes provide names, location of court, case number & attorney Included Taxes Assets Amount Owed: Value: Home: $ $ Other Real Estate $ $ Retirement Funds $ $ Investments $ $ Checking $_ $ Savings $ $ Other $ $ Automobile #1: Model Year: Amount owed: $ Value: Automobile #2: Model Year: Amount owed $ Value: Other transportation (automobiles boats motorcycles Model) Model: Year: Amount owed $: Value: $ MONTHLY INCOME Name of Employers 1. 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 $ 2nd Mortgage $ Utilities $ Car Payment(s) $ Condo/Neigh. Fees $ Auto Insurance $ Med not covered $ Auto fuel/repairs $ Other prop payment $ Install Loan Payment $ Cable TV $ Child Support/Alimony $ Spending Money $ Day/Child Care Tuition $ 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: 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 known regarding your lender's or lender loan servicing company Lender Contact (Name) Phone Servicing Company (Name)_ Contact: Phone AUTHORIZATION I/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 Co-Borrower Signature Date Date Please forward this document along with the following information to lender and Gregory Javardian, Esquire, lender counsel: Proof of income Bank statements to cover the last 60 day period If self employed, we must have the last 3 bank statements from both their business and personal bank accounts. Proof of any expected income for the last 45 days Dodd Frank Certificate 4506T-EZ form Copy of last two months utility bill Letter explaining reason for delinquency and any supporting documentation Hardship letter Listing agreement if property is currently on the market Gregory Javardian, Esquire 1310 Industrial Boulevard, Suite 101 Southampton, PA 18966 (tel) 215-942-9690 (fax) 215-942-9695 Attention: Megan O'Brien (tel) 215-942-9690 ext. 1313 meganna iavardianlaw.com SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ~~u~,tr ct ~ ~~+gbr~~~h~ ~~~; , ~ ., ,. 4itFFI~+E :,' ,.,, c~cRlFf ~~,Lc.u-u1~~ iG~_ ~~ ~-z~ ~7NQ~? ~.i~...e X12 At~~ 17 AM 9 12 ~~~~~L~~~ ~~ ~$~ ~' Citizens Bank of Pennsylvania vs. Elwood R. Westhafer (et al.) Case Numf~ 2012-4939 SHERIFF'S RETURN OF SERVICE 08/10/2012 02:55 PM -Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on Aug 10, 2012 at 1455 hours, he served a true copy of the within Complaint in Mortgage Foreclosure and Notice of Residential .Mortgage Foreclosure Diversion Program, upon the within named defendant, to Joyce A. Westhafer, by making known unto Elwood Westhafer, Husband of Joyce A. Wesithafer at 49 Rich Valley Road, Carlisle, Cumberland County, Pennsylvania 17015 its contents and at the same tin handing to him personally the said true and correct copy of the same. TIM BLACK, DEPUTY 08/10/2012 02:55 PM -Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on Augu 10, 2012 at 1455 hours, he served a true copy of the within Complaint in Mortgage Foreclosure and Notice of Residential Mortgage Foreclosure Diversion Program, upon the within named defendant, to v Elwood R. Westhafer, by making known unto himself personally, at 499 Rich Valley Road, Carlisle, Cumberland County, Pennsylvania 17015 its contents and at the same time handing to him personally said true and correct copy of the same. SHERIFF COST: $50.00 August 13, 2012 TIM t3Lf~K, DEPUTY SO ANSWERS, RON R ANDERSON, SHERIFF (c? CnuntySuite Sheriff. Teleosoft. Inc. c~Z~ ~..~ ~~ ~ ~~.~ ~ ~ IoS61 j~~+ GI~~, ~II~,~~h 23651 Plaintiff(s) V5. ~C ~G~~ cJ ~/~ efendant(s) FORM 3 _ <._:. ~.,. IN THE COURT OF COMMON PLEAS OF ~ _~ ~ CUMBERLAND COUNTY, PENNSYLVANIA ~~ G7 ~ "~~ rY1- " ~.' ~ ~" M "t7 " r` "'J U r ~ ~ i" C: ~~ ~ ~ . ~~ N . t.~ { ~~ t~ ~lL ,tv Civil ~ ~- s' .~ :~: -`'~; REQUEST FOR CONC/LIATION CONFERENCE Pursuant to the Administrative Order dated , 2012 governing the Cumberland County Residential Mortgage Foreclosure Diversion Program, the undersigned hereby certifies as follows: 1. Defendant is the owner of the real property which is the subject of this mortgage foreclosure action; 2. Defendant lives in the subject real property, which is defendant's primary residence; 3. Defendant has been served with a "Notice of Residential Mortgage Foreclosure Diversion Program: and has taken all of the steps required in that Notice to be eligible to participate in a court-supervised conciliation conference. The undersigned verifies that the statements made herein are true and correct. I understand that statements are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. .. Signature of Defendant's Counsel/Appointed Legal Representative r'1 Signature of Defendant _.__~ Si nature of Defendant '~ ~S zolZ Date ~' -~ ~"--a ~~-- Date G~ ~ ~ ~ / ~, Date CITIZENS BANK OF PENNSYLVANIA : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION c -- .. rnm m rn v. r n o? ELWOOP R. WESTHAFER : NO. 2012 - 4939 JOYCE Al. WESTHAFER bra ? x.;-- Defendants y COMPLAINT IN MORTGAGE FO C= r, ra --? 1 CIJSiE CERTIFICATE OF SERVICE I 'hereby certify that I served a true and correct copy of the foregoing Request for Conciliation Conference on Gregory Javardian, Esquire, by depositing the same in the United States Mail, first class, on September 6, 2012, from Carlisle, Pennsylvania, addressed as follows: Mr. Gregory Javardian, Esquire 1310 Industrial Boulevard 1 st Floor, Suite 101 Southampton, PA 18966 TURO ROBINSON Daniel L. Puskar, Esquire Supreme Ct. No. 311444 129 South Pitt Street Carlisle, PA 17013 Attorney for Defendant CITIZENS BANK OF IN THE COURT OF COMMON PLEAS OI=~' PENNSYLVANIA, CUMBERLAND COiJNTY, _PENNSYLVA:NIA Plaintiff CIVIL ACTION -LAW vs. NO. 12-4939 CIVIL ELWOOD R. WESTHAFER and `~~' JOYCE A. WESTHAFER, 7 ;, --{ Defendants ern-, ~ rn~ ~' :c ~ ~= ~; IN RE: CONCILIATION CONFERENCE ~~ ~~ '~~} ~ - ~-~-. MEMORANDUM .iM`. - ~~ f. :X; =~ rv ~ ,, . Present at a conciliation conference held November I, 2012, were Brian Williar ~, {. Esquire, attorney for the plaintiff; Daniel Puskar, Esquire, attorney for the borrowers; the mortgagors, Elwood anal Joyce Westhafer, and their son, Steven. This matter is under consideration for a RAMP modification or treatment through the Making Home Affordable Program Request for Mortgage Assistance Program. Certain. documentation was provided to the bank which appears to have become misplaced. Counsel reviewed a new set of documents which will be submitted to counsel for the plaintiff. .Any other documents which are needed will be furnished within seven (7) days. A continued conciliation conference is set by order of even date herewith. ORDER AND NOW, this ~' day of November, 201:?, a continued conciliation conference in this matter is set for Friday, January 4, 2013, at 1:30 p.m. in Chambers of the undersigned. BY THE COURT, / ~ ~/~ A. Hess, P.J.. Brian Williams, Esquire 17 West South Street Carlisle, PA 17013 For the Plaintiff / Daniel Puskar, Esquire 129 South Pitt Street Carlisle. P~~ 17013 For the Defendants :rlm L~~O;PS ~a , /~~f //~S ,~/~ Citizens Bank of Pennsylvania, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION-MORTGAGE FORECLOSURE Elwood R. Westhafer NO: 12-4939 CS -0Z - --I Joyce A. Westhafer, rr7 cxj Defendants MOTION TO SCHEDULE HEARING AND NOW,come Defendants Elwood R. Westhafer and Joyce A. Westhalir-A y M!d through their attorneys, Tura Robinson, and move to schedule an immediate Conciliationr' Conference: 1. The Plaintiff is Citizens Bank of Pennsylvania who is represented by the Law Offices of Gregory Javardian at 1310 Industrial Boulevard, 1st Floor, Suite 101, Southampton,PA 18966. 2. The Defendants are Elwood R. Westhafer and Joyce A. Westhafer who currently reside at 499 Rich Valley Road, Carlisle, PA 17015. 3. Plaintiff filed Notice of Praecipe for Entry of Judgment under Rule 237.1 on April 2, 2013. Please see attached Exhibit "A". 4. Defendants have taken all steps pursuant to the Cumberland County Mortgage Foreclosure Diversion Program and,therefore, Plaintiffs Notice of Praecipe for Entry of Judgment is not appropriate. 5. Defendants have notified Plaintiffs local counsel,Brian Williams,Esquire,of Defendant's request for an immediate Conciliation Conference to address this issue. WHEREFORE,the Defendants respectfully request that this Honorable Court schedule a Conciliation Conference in the above referenced matter and that the stay on the foreclosure proceedings remain in effect until after this Conciliation Conference. Respectfully submitted, TURD ROBINSON Attorneys at Law Date Daniel L. Puskar, Esquire Supreme Ct.No. 311444 129 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Defendants Exhibit "A" LAW OFFICES OF GREGORY JAVARDIAN GREGORY jAvARDLAN,ESQUIRE Id.No. 55669 MARY F. KENNEDY,ESQUIRE Id.No. 77149 MEGHAN K. BOYLE,ESQUIRE Id.No. 201661 SEAN P. MAYS,ESQUIRE Id No. 307518 ALYK L. OFLAZIAN,ESQUIRE Id No. 312912 RICHARD J.NALBANDLAN,III,ESQUIRE Id No. 312653 1310 INDUSTRIAL BOULEVARD 1ST FLOOR,SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 ATTORNEYS FOR PLAINTIFF CITIZENS BANK OF PENNSYLVANIA In The Court of Common Pleas Plaintiff Cumberland County V. ELWOOD R. WESTHAFER No. 12-4939 JOYCE A. WESTHAFER Defendants TO: ELWOOD R. WESTHAFER JOYCE A. WESTHAFER 499 RICH VALLEY ROAD CARLISLE, PA 17013 DANIEL PUSKAR,ESQUIRE 129 S. PITT STREET CARLISLE,PA 17013 DATE OF NOTICE: April 2,2013 NOTICE,RULE 237.1 IMPORTANT NOTICE You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims se forth against you. Unless you act within ten(10)days from the date of this notice, a judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. if you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where,you can get legal help. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 (717)249-3166 LAW OFFICES OF GREGORY JAVARDIAN BY: 0 Gregory Ja(araian, Esquire Id.No. 55669 0 Mary F. Kennedy,Esquire Id. No. 77149 ElMeghan K. Boyle,Esquire Id.No. 201661 0 Sean P. Mays,Esquire Id.No. 307518 OAlyk L. Oflazian,Esquire Id. No. 312912 ORichard J. Nalbandian, III,Esquire Id.No. 312653 Attorneys for Plaintiff Usted se encuentra en estado de rebeldia,por no haber tomado la accion requiida de su parte en este caso. Al no tomar la accion debida dentro de un termino de diez(10)dias de esta notificacion, el tribunal podra, sin necesidad de compararecer usted en corte o escuchar prueba a1guna,dictar sentencia en su contra,usted puede perder bienes y otros derechos importantes. Debe Ilevar esta notificacion a un abogado immediatemente si usted no tiene abogado,o si no tiene dinero suficiente para tal servicio,vaya en persona o llame por telpfono a la oficina,cuya direction se encuentra escrita abajo para averiguar donde se puede conseguir assistencia legal. "NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE" Citizens Bank of Pennsylvania, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION-MORTGAGE FORECLOSURE Elwood R. Westhafer NO: 12-4939 Joyce A. Westhafer, Defendants CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the foregoing Motion to Schedule Hearing on Gregory Javardian, Esquire, by depositing the same in the United States Mail, first class, on April 9, 2013, from Carlisle, Pennsylvania, addressed as follows: Gregory Javardian, Esquire 1310 Industrial Boulevard I st Floor, Suite 101 Southampton, PA 18966 TURO ROBINSON Attorneys at Law 1) 'q Daniel L. Puskar, Esquire Supreme Ct.No. 311444 129 South Pitt Street Carlisle, PA 17013 Attorney for Defendants