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HomeMy WebLinkAbout12-6890THE 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, v. BILLY J. WARD AND BARBARA S. WARD 6017 Wertzville Road Enola, PA 17025 Defendants. COURT OF COMMON PLEAS CUMBERLAfND_ COUNTY NO.. 1 p~ _ 111 ~ ~ Ct, l~ l NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 34 South Bedford Street Carlisle, PA 17013 717-249-3166 S ~u~ ~~c2.7S~ a~ ~k~ 3~a~ ~2#. asaq~S i ~~ , '' THE LAW OFFICES OF LAUREN BERSCHLER KARL, LLC Lauren Berschler Karl, Esquire Identification No. 88209 Attorneys for Plaintiff 355 Fifth Avenue, Suite 400 Pittsburgh, PA 15222 Phone: (412) 232-0808 Fax: (412)232-0773 CITIZENS BANK OF PENNSYLVANIA 10561 Telegraph Road Glen Allen, VA 23059 Plaintiff, COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: v. BILLY J. WARD AND BARBARA S. WARD 6017 Wertzville Road Enola, PA 17025 Defendants. --------------------------------------------------- COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff, Citizens Bank of Pennsylvania, by its attorneys, The Law Offices of Lauren Berschler Karl, LLC, files the within Complaint in mortgage foreclosure and represents as follows: 1. Plaintiff, Citizens Bank of Pennsylvania, ("Citizens"), is a state chartered bank with a place of business at 10561 Telegraph Road, Glen Allen, VA 23059. 2. Defendants, Billy J. Ward and Barbara S. Ward, are adult individuals who are believed to reside at 6017 Wertzville Road, Enola, PA 17025. 3. Defendants, Billy J. Ward and Barbara S. Ward, ("Defendants"), are the owners of record of a certain parcel of residential real estate located in Cumberland County known by the following street address: 6017 Wertzville Road, Enola, PA 17025 (the "Property") 4. On November 5, 2010, Defendant, Billy J. Ward, only, executed a Line of Credit Agreement in the original principal amount of $100,000.00 (the "Note"). A true and correct copy of the Note is attached hereto as Exhibit "A." -2- ~ ~ ~ t 5. The Note was secured by a mortgage granting a lien upon the Property (the "Mortgage"), made, executed and delivered to Citizens on November 5, 2010, by Defendants and was duly recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania on December 1, 2010, as Instrument No. 201035142. A true and correct copy of the Mortgage is attached hereto as Exhibit "B." 6. 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 "C." 7. The full legal description of the Property is set forth in Exhibit "D" which is attached hereto and incorporated herein by reference. 8. Monthly payments have not been tendered as required under the terms of the Note and Mortgage. 9. The failure to make the monthly payments constitutes a default under the terms of the Note and Mortgage. 10. Pursuant to the terms of the Note and Mortgage, Defendants are obligated to Citizens for the following sums as of November 1, 2012: Principal $ 99,812.98 Accrued Interest (through 11/01/12) 2,954.38 Accrued Late Charges 154.07 BPO/Appraisal 400.00 Title Reports 350.00 Attorneys Fees 4,990.65 Attorneys Costs 250.00 TOTAL REAL DEBT $ 108,912.08 Interest continues to accrue at the per diem rate of $12.93. -3- ~r r~ 11. On September 26, 2012, the combined Notice of Intention to Foreclose as set forth in the Homeowner's Emergency Mortgage Assistance Act, Act 91 of 1983, 35 P.S. C.S.A. §1680.401 and Act 6 of 1974, 41 Ps. 101, et seq., with respect to the Note and Mortgage was mailed to the Defendants as evidenced by the Certificates of Mailing attached hereto and incorporated herein as Exhibit "E." WHEREFORE, Plaintiff, Citizens Bank of Pennsylvania, demands Judgment in Mortgage Foreclosure in its favor and against Defendants, Billy J. Ward and Barbara S. Ward, in the amount of $108,912.08, plus continuing interest at the per diem rate of $12.93, from November 1, 2012, and any and all additional attorneys fees and costs and any other costs and charges collectible under the mortgage and for the foreclosure and sale of the Property. Respectfully submitted, THE LAW OFFICES OF LAUREN BERSCHLER KARL, LLC. BY: I~alzren Bers~hler Karl, Esquire Attorneys fo Plaintiff, Citizens Bank of Pennsylvania -4- VERIFICATION I ,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. Date : ~ 1 l ,>'~i CITIZENS BANK OF PENNSYLVANIA // ) By: Gv WILLIAM . KEMPF -5- EXHIBIT "A" iii iNi~i 1QD cote Citizens Baak SECONDARY MORTGAGE LOAN HOME EQUITY LINE OF CREDIT AGREEMENT Borrower(s): nxtrx s Ktxa Lender: Citizens Bank of Permsylvaaia 1735 Market Sireet Philadelphia, PA 19103 Date of Agreement: 11/OS/x010 This HOME EQUITY LINE OF CREDIT AGREEMENT ("Agreement")contains the terms which govern yow line of credit (the "Credit Line" of the "Credit Line Account") issued though Citizens Bank of Prnnsyfvania and hereafter referred to as "Citizens Bank". The Agreement sets faith the tetras under which Citizens Bank extends credit advances against yow Credit Line Account. Each person who signs this Agreement will be bound by its terms and conditions and wiil 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 Agreemrnt, including all Borrowers named above. Tlu words "we," "us," "our," and "Lender" mean Citizens Bank as idrntified above. Yoa agree to the tolbwing terms and coodh`fons: 1. Promise to Pay. You promise to pay Citizens Bank the total of all credit advances made by us under the terms of this Agrament, any other charges, and FIlVANCE 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 yow Credit Line according to the payment terms set forth below. 2. Term. The term of yow Credit Line will begin as of the date of the Agreement ("Opening Date") and will continue until termination of yow Credit Line Account. All indebtedness under this Agreement, if not already paid ptnsuant 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 ow other conditions and will continue for a period of ten (]0) 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 yow line of credit, which is S 100 , 000.00 and more fully described in paragraph S, "Credit Limit".After the Draw Period ends, the Repayment Period will begin; and you will ito 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 ow 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 yow home equity application. If no option was indicated on yow application, the loan will default to Option One (Interest Only). ® Optioa Oae: Monthly interest-onlypayments -Under this option, yow 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 Paymrnt wilt not reduce the principal that is outstanding on yow Credit Line Account. This option will result in greater exprnses over the life of the Credit Line Account. O Optlon Two: 2% of the balance -Under this option, yow paymrnts 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], aad all other charges), plus late fees and any amount past due. The Minimum Payment will equal $20.00 or the outstanding balance on yow Credit Line Account, whichever is less. b) Changing Yonr Draw Period Payment Option You may change yow Draw Period Payment Option from Oprion 1 to Option 2, or fiom Option 2 to Option l . 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. 1 uoanoto ye1FIO0rPPP P Rsv 01/10 F Page 2 We da not have to let you change yow Draw Period Payment Option if; (i) any of yow payments under this agreement are past due at the time you make yow request, (ii) yow account balance is higher than yow credit line at the time when you ask us to change yow Draw Period Payment Option, or (iii) we, in our sole discretion, believe that yow account is not in good standing. c) Repayment Period Ajter the draw period ends, you will no longer be able to obtain credit advances and must pay the outstanding balance over 1 S years (the "repayment period'). During the tcpaymrnt period, payments will be due monthly. Yow minimun monthly payment will equal 1/180th of the balance that was outstanding at the end of the draw period plus the finance charges that have accrued on the remaining balance, plus any amount past duc and all other charges or $20.00; whichever is greater. d) Payments All paymrnts 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 yow 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 accuse, 6awever, the Lender may delay for a reasonable time the availabWty of the funds until Lender bas bad an opportunity to confirm the validity of the payment. Payments may also be made at any of ow branch offices. You may also make payments by authorizing us to debit yow 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 agroed or squired 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, yow 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 nett be applied to the principal portion of the unpaid Minimum Paymrnt. If you make a payment greater than the Minimum Payment, but less than the Total Due shown on yow periodic statement you will still be squired to make the Minimum Paymrnts in the months that follow. We will refund to you any credit balance upon request if then is a csdit balance on the date we receive the refund request. 5. Credit Limit. This Agreemrnt covers a revolving fine of credit for $ 100, 000.00 which will be your "Csdit 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 s-borrow up to the amount of the Csdit Limit. You agree not to attempt, request, or obtain a credit advance that will make your Csdit Lme Account balance exceed yow Credit Limit. Yow Credit Limit will not be increased should you overdraw yow Credit Line Account. If you exceed yow Credit Limit, you agree to rely immediately the amount by which your Credit Line Account exceeds yow Credit Limit, even if we have not yet billed you. 6. How to Use the Credit Line. You may obtain credit advances under yow Credit Lme by writing a preprinted "check" that we will supply to you. Csdit Line checks ere 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 fomts 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 yow Account unless you as in default under this Agreement, as described in paragraph 23, "Termination and Acceleration", or in those circumstances descn'bed in paragraph 7, "Limitations on Use of Checks." Yow use of a chxk will be reflected on yow 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 writtrn by you, and need not return the original checks to you. We may also provide additional ways of using yow Account from time to time. If there is more than ane person authorized to use this Credit Line Account, each of you agse 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 yow Credit Line under paragraph 30, "Cancellation by You". Page 3 7. Limitations on Use of Checks. We restrve 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 apost-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. [f 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 drewn 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. 12. Collateral. This Agreement is secured by a Mortgage dated 11/05/solo to us on property located in Coamtsstrntm County, State or Commonwealth of rs . (the "Property"). We have the right, but are not required to take such action as is necessary to protect our Security Interest described in this paragraph. Any amounts we may pay in exercising our right to protect our Security Interest must be paid by you on demand, and will bear interest at the Annual Percentage Rate then applicable to your account. IMPORTANT NOTICE ABOUT YOUR REAL PROPERTY COLLATERAL: If the deed to the property you are pledging as security for this loan includes more than one parcel of land, the mortgage you are requesting will be secured by ALL parcels described in your deed. If your decd 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 undtrstands 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 insunmce, 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 accordancx with the repayment terms of the Agreement), or (ii) bill the Borrower separately (in which ease 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 l4. Right of SetoR. 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 Agreemrnt 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 Repaymrnt 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 idrntify the Minimum Payment you must make for that billing period and the Payment Due Date. All periodic statements shall conclusively be considered to be convect and aceepted 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 Lino Account and thrn 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 foes and other charges (if applicable). This gives us the daily principal balance each day. Thrn 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 balancc does not include finance charges, insurance premiums, membership fees or other charges. I8. How You May Compote the Finance Charges On Yoar 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 indtpendrnt index, (the "index"), which is The Wall Street Journal Prime Rate, published daily in the listing of "Money Rates." We will use the ]ndex 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 movcrttent 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 ]ndex becomes unavailable. The Index is not necessarily the lowest rate charged by us on our loans. To determine the Periodic Rate that will apply to your Credit Line Account, we add a margin to the value of the Index, then divide the value by the number of days in a year (daily). To obtain the ANNUAL PERCENTAGE RATE, we multiply the Periodic Rate by the number of days in a year (daily). This result is the ANNUAL PERCENTAGE RATE. The ANNUAL PERCENTAGE RATE includes only interest and no other costs. The Periodic Rate and the corresponding ANNUAL PERCENTAGE RATE on your Credit Line will increase or decrease as the Index increases or decreases from time to time. Any increase in the Periodic Rate will take the form of higher payment amounts. Adjustments to the Periodic Rate and the corresponding ANNUAL PERCENTAGE RATE resulting from changes in the Index will take effect on the first day of the next billing cycle. The maximum ANNUAL PERCENTAGE RATE during the Draw Period of your Credit Line will be 18.000% . The maximum ANNUAL PERCENTAGE RATE during the Repaymrnt Period of your Credit Line will be 18.000% or the maximum rate allowed by applicable law. In no event will the ANNUAL PERCENTAGE RATE be less than 2.500% during the life of your Credit Line. As of the date this Agreement was printed, the Index is3 • ~ 9 % 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 yotu 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. Margia Added .ANNUAL Daily Periodic 1.490 4.740001 O.O1S996 20. Coaversbn Option. You can exercise the option to convert to a fixed rate only at the end of the Draw Period. Your ANNUAL PERCENTAGE RATE may increase if you exercise this option to convert to a fixed rate. The fixed rate will be determined as follows. The ANNUAL PERCENTAGE RATE will be fixed during the entire Repayment Period and will be equal to 2%: % added to the Index which is in effect on the date that the final Draw Period payment is due, but will not be more than 18.00%. In the event the Prime Rate is published as a range of talcs, then the lowest rate published shall be the Index. If The Wall Streit Journal ceases publication of the Primp 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. Annaal Fee. There is no Annual Fee for the first year. Thereafter, anon-refundable Annual Fee of $50 will be charged to your Credit Line Account on each anniversary of your Credit Linc, during the Draw Period. We will lower your Annual Fee by 525.00 if you maintain a Citizens Circle Gold Checking Account or any other deposit relationship account that we may deem from time to time to watrant a discount. If you close your Citizens Circle Gold Checking Account or other designated deposit relationship account, anon-refundable Annual Fee of S50.00 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 perlodic statemeat. If your payment is late, we may charge you 5.000% of the payment or 520.00, whichever is less. 22 (b). PREPAYMENT: If you pay off the retire balance and close your line of credit account before the due date, you will not have to pay a foe. 23. Terminatloa and Aceeleratioa. The entire unpaid balance of your Credit Line Account, including unpaid fees and Finance Charges, shall at our option biome immediately due and payable and we can terminate your Credit Line Account by sending you notitx, 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, airy 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 an 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 14. Suspension or ReduMion. 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 m 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; (~ The maximum Annual Percentage Rate is reached. If your Credit Line is suspended or terminated, you must immediately destroy e11 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. 28. Default. You will be in default under this Agreement if any of the following occurs, each of which constitutes a breach of a material obligation of yours under this Agreement (a) You fail to make any payment when due or to pay any chazge 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 undo 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 yow Credit Line Account, we may take whatever other action is permitted under the Mortgage, and we may exercise any and all of ow rights with respect to any other property securing yow Credit Line Account. We also may demand that you pay the full amount you owe on yow Credit Line Account immediately. You agree to pay any costs we incw in collecting what you owe following yow default to the extent not prohibited by applicable law. If we have to sue you to collect what you owe, you agree to pay ow 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 yow credit limit. If we honor the check or other device, the amount that is more than yow credit limit will be due and payable immediately. 30. Caaeellation by You. If you cancel yow 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, yow obligations under this Agreement will remain in full force and effect until you have paid us all amounts due under this Agreement and you wiq continue to remain liable for any fnrther 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 yow Minimum Payment will not relieve you of yow obligation to continue to make yow Minimum Payments. Instead, they will reduce the principal balance owed on the t~edit 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 scut to yow address as shown in this Agreement unless you notify us in writing of any change in yow 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. Informatbo About You. You authorize us to get financial information about you from third parties, including, but not limited to, a credit bureau, yow employer, or another financial institution. You also authorize us to disclose information about yow creditworthiness and this Account to a credit bureau, ow affiliates and subsidiaries, and to others, unless expressly prohibited by applicable law. We may require a new appraisal of the Properly which secures yow Credit Line at any time, including an internal inspection, at ow 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 Lme 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 ow rights under the Mortgage. Yow rights under this Agreement belong to you only and may not be transferred or assigned. Your obligations, however, are binding on yow heirs and legal representatives. 36. NEGATIVE INFORMATION; We may report information about yow account to credit bureaus. Late payments, missed payments, or other defaults on yow account may be reflected in yow credit report. 37. Tax Deductibility. You understand that Lender makes no representation or warrenty 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 futwe 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 ttames 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 Agreemrnt. 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, 61med 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, yew most current periodic statement is the best evidence of your obiigation to pay. 40. Acknowledgment. You understand and agree to the terms and conditions in this Agreement. By signing this Agreement, you acknowledge that you have read this Agreemrnt. 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 disclosureslnotices 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 ail amounts due under this Agreemrnt, including credit advances made to any of you. Each Botrowtr authorizes any other Borrower, on his or her signature alone, to cancel the Credit Linc, 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 Agreemrnt, and the other Borrowers will remain responsible. the undersigned, certify that you have insured the property as identified in Section 12, entitled lateral", against loss by fire in an amount sufficient to cover this lien and all superior liens, and that olicy includes extended coverage and has a standard mortgagee clause making loss payable to .ens Bank of Pennsylvania as its interest may appear. agree it is your responsibility to keep the premises, as identified in Section 12, rntitled "Collateral", •ed in an amount at least equal to the replacement cost of any buildings on the property, until this Dement is paid in full. ~ understand that you may purchase any required insurance through any duly licensed insurance agem insurance company that is reasonably acceptable to us. You are not required to deal with any of our fates when choosing an insurance agrnt or insurance company. Your choice of a particular insuranct tt or insurance company will not affect our credit decision, so long as the insurance provides adequat ;rage 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 o[ Payments to Third Parties $ 100, 000.00 Credit Limit as,ooo.oo cuaros.:lldvaace Amount paid to others on my behalf S Paid to - S Paid to - S Paid to - S Paid to - S Paid to - S Paid to - S Paid to - S Paid to - S Paid to - S Paid to - S Paid to - S Paid to - S Paid to - S Paid to - S Paid to - S Paid to + $ 0.00 Amount received from borrower - S 0.00 Total fees to be paid by borrower - S 75,000.00 UndisbursedFunds Page 9 Disbursement Account Information: Account Type: DDA Account Number: 61()07161)23 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 fuumced. You are to make disbursements to the non-lien creditors listed about. >n order to secure our lirn position, Citizens Bank is authorized to add to the principal balance, or access deposit accounts to cover any shortage. In the event spay-off srnt 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 51,000.00; 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 Iien 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, Door! 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 aelcnowledge that with your application, you provided yow 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 1T CONTAINS BLANK SPACES. THE AGREEMENT IS SECURED BY A SECONDARY MORTGAGE ON YOUR REAL PROPERTY. EftectiveDisbursemeutDate: iiilo[soio This Agreement is dated 11/05/3010 .THIS AGREEMENT IS SIGNED UNDER SEAL. EXHIBIT "B" .~~1~~ ~~ After recording, return recording information to: American Title, Inc. PO Boa 641010 Omaha, NE 68164-1010 ~t7~#za~o ovroa y~ -r Parcel ID# 10-14-0842-030 Collateral Addre~s- 6Qi7 WIItTZVILLE ROAD, ENOLA, PA 17025 .~~ Citizens Bank Beth Romano Retaii Leading Services 488 Jefferson Boulevard Warwick, Rl 82886 i-800-894-4619 ESN Master Mortgage Form Recorded By Citizens Bunk of Pennsylvania Ia Volume ,Page Iastroment # 208747167 , CIIMBERLAND County, Pennsylvania Records PENNSYLVANIA HOME EQUITY LINE OF CREDiT OPEN-END MORTGAGE (Securing Future Advances} INCORPORATING THE. OPEN-END MASTER MORTGAGE FORM RECURRED BY CITIZENS BANK OF PENNSYLVANIA MAXIl1ZUM PRINCIPAL AMOUNT $ it10,000.00 KNOW ALL MEN BY THESE PRESENTS: That on 11/OS/2010 , ~ ~rt8a8cr. SILLY 1 WARD BARBARA s wARD whose addrosa is 6017 WERTZViLLE ROAD, ENOLA, PA 17025 {"Property Address"); (hereafter "Borrower"}, in consideration of a loan in the amount of $ 100,000.00 made available by CTITZENS BANK OF PENNSYLVANIA, a Pennsylvania benl~rg association, whose address is 1735 Market Street, Philadelphia, PA 14103 (hereafter "Lender', the receipt whereof is hereby acknowledged, does hereby great, bargain, sell end 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 descn'bed es follows: SEE EXHTBTf 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; m have and to hold the same to the only proper use of the said Lender, its successors and assigns forever. 1 • Defuutians: In addition to the de5nitions set forth in the Open-End Master Mortgage form referenced in Section 4 hereof, which definitions shall apply to all capitalized terms contained herein which are not otherwise specifically defined, the following term shall have the following meaning: {a) "Note" means the Promissory Note or Agreement signed by Borrower, delivered to Lender and dated 1 1 /05120 1 0 The Note stages that Borrower owes the Lender $ 1(10,000AO plus interest. Borrower promises to pay this debt in regular Periodic Payments and to pay the debt in foil not later than 11/10/2035 2. 'THIS IS A FITP[JItE ADVANCE MORTGAGE. The repaymept of which debt is evidenced by a Credit Line Agreement (the "Agzumcat'~ made in favor of the Lender by the Borrower and dated the same date es this Security Instrument, under which We Borrower and the Lender reasonably contemplate that there will be a series of advances, Payments and readvances but which Iinrits the aggregate principal indebtedness at any tune outstanding to a maYimnm principal amoaat, ezciodiog protettlve advances, of $ 100,000.00 ~~g, but ~t limited to, any future advances, with interest thereon, 3. Payment a£ pr;.~ipnl, I.+tn ~d K "mom Borrowar will pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due wader the Note. 4. Incornorae,~n of Terms sad ~+ndition~ Of `°~p~orta~8$.E.~.t~CsihXL~[s.Borrower covenants and agrees that it shall be bound by the terms, conditions and provieio~as set forth in that certain open-End Master Mortgage Form recorded in Official Record in Volume Page Instrument #2(10747167 , of the C[JIrIBERLAND County ("Mashy Mortgage"}. Upon the occutronce of a default under the terms of such Master Mortgage, Lender shall be entitled to pursue all remedies specified is 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 Er~d Mortgage. S. 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 11/10/2035 Upon the repayment is full of the amounts advanced under the Note, all accruod interest Hader the Note and all incidental amounts as sct forth in the Master Mortgage, this Security Instrument shall be void. 6. REOUE3T FOR No'~'« Q~~w1~~x AND FOREGi.~.SUBtt; ~ c[t~c>?tin~ MORTGAGIE.~, t]R nRItaS nF 7'It7TR'C Borrower and Lender request the holder of any mortgage, decd of trust or other encumbrance with a lien which has priority over the Seauity Instrument to give Notice to Leader's address set forth on page one of the Sec~uity Instrument, of any default ands the superior encumbrance and of any sale or other foreclosure action. REMAIl~IDER OF T13IS 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 Inatmmetrt and in any Rider(s) execattd by Borrower and rccordcd with it. Signed, sealed and delivered: ~ ~~ GENERAL PROVISIONS INCORPORATED BY REFERENCE AND NOT TO BE RECORDED SEE MASTER MORTGAGE FORM REFERRED TO HEREIN Page 4 INDIVIDUAL ACKNQWLEDGMENT STATE OR COMMONWEALTH OF ~~ } COUNTY OF ~,,~,~~N,.,~ }SS: On the ~ day of __ /~/~t ~©/ a before me appeare `' ' BILLY J WARD to me personally known to be the person(s) whose names} is/are subscribed to this instrument, and such person{s} acknowledged that he/shelthey {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 an and official seal. {Official Seal} ~ av~ dNs~y~ Public Of~a~ Nalailal3ai Oatiel & Morrow, Notary Pubes Mee Oct 12,1011 { Aasodttren of S+IOIariM INDIVIDUAL ACKNOWLEDGMENT STATE OR COMMONWEALTH OF ) SS: COUNTY OF ~ y-vti~.er(4^~'t- On the ~'~"`" day of NQdc.+~~ -Zyr y , before me appeared BARBARA S WARD to me personally known to be the persons}whose name(s) islare subscribed to this instrument, and such person(s) acknowledged that he/shelthey (i) executed the same for the purposes therein contained, and (ii} executed this instrument as their free act and deed. IN WITNESS WHEREOF, !hereunto set my hand and official seal. (Official Seal) ~~ "':~lotaryry Public ~av~ S W[or-raw oan~et s. ~~. ~ T,rr; . ~:3nraster Ccui+lY MyOcm~~ : ~=.•_:~~ ~ • txt.12, 201 t der, Perns~svw~f:: ~:;a.~avon of Notares CERTIFICATE OF RESIDENCE OF MORTGAGEE I do hereby certify that the precise address and principal place of business of the within named mortgagee is: 1735 Market Street, Philadelphia, PA 19103. Citizens Bank of Pennsylvania ~~~~~_. 83'~- ~ Title: 11 f'.iw+~ ~- /'~tcY° a~:;~'~' Page 5 BXHIBIT "A" ALL THAT CERTAIN PIECE OR PARCEL OF LAND SITUATE IN THE TOWNSHIP OF HAMPDEN COUNTY OF CUMBERLAND AND STATE OF PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT THE CENTER OF THE STATE HIGHWAY N0.944, LOCALLY KNOWN AS THE WERTZVILLE ROAD, AND THE NORTHEASTERN CORNER OF LAND NOW OR FORMERLY OF FLOYD L. RICE, JR; THENCE ALONG SAID LAND OF FLOYD L. RICE, JR., SOUTH 8 DEGREES 30 MINUTES EAST, 175 FEET TO A POINT; THENCE ALONG LAND NOW OR FORMERLY OF JOHN E. EISENBERGER, JR., SOUTH SI DEGREES 30 MINUTES WEST, 75 FEET TO A POINT; THENCE ALONG PROPOSED FORTY (40} FOOT WIDE STREET, NORTH 8 DEGREES 30 MMUTES WEST, 175 FEET TO THE CENTER OF THE AFORESAID HIGHWAY; THENCE DOWN THE CENTER OF SAID HIGHWAY, NORTH 81 DEGREES 34 MINUTES EAST, 75 FEET TO THE PLACE OF BEGINNING. BEING LOT N0.6 IN THE PLAN OF LOTS RECORDED IN THE CUMBERLAND COUNTY RECORDER'S OFFICE IN PLAN BO(?K 7, AT PAGE 19. BEING THE SAME PREMISES WHICH DAVID W. KELLY AND DEBRA K. KELLY, HIS WIFE, BY THE[R DEED DATED APRIL 3, 1991 AND RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, IN DEED BOOK A, VOLUME 35, PAGE 697, GRANTED AND CONVEYED UNTO BILLY J. WARD, GRANTOR HEREIN. SUBJECT TO RESTRICTIONS, RESERVATIONS, EASEMENTS, COVENANTS, OIL, GAS OR MINERAL RIGHTS OF RECORD, IF ANY. ASSESSORS PARCEL NUMBER: 10-14-0842-030. aTi oxn~R NUMBER: 201009100417 * A T I 4 0 1 8 3 3 0* ' ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 201035142 Rernrded O>! 12ri/2010 At 12:33:14 PM * Instrument Type -MORTGAGE Invoice Nnmber - 77b89 User ID - E5 * Mortgagor -WARD, BILLY J * Mortgagee -CITIZENS BANK OP PENNSYLVANIA * Castomer -AMERICAN TITLE INC * FEES STATE NRIT TAX STATE JCS/ACCESS TO JUSTICE RECORDING FEES RECORDER OF DEEDS PARCEL CERTIFICATION FEES AFFORDABLE HOUSING COUNTY ARCHIVES FEE ROD ARCHIV85 FEE TOTAL PAID $0.50 $23.50 $ls.5o $io.oo $11.50 $z.oa $3.00 $70.00 I Certify this to be recorded in Cumberland County PA * Total Pages - 9 Certification Page DO NOT DETACH This page is now part of this legal document. P RECORDER O~ + -Information denoted hY an asterisk may change daring the verification process and may not be reflected on this pare. Arx°~iin EXHIBIT "C" ~~ . ~~ ~L~ ~.~ 3~ Prepared Bv: Beth Romano Citizens Bank Retail Lending Services 480 Jefferson Boulevard Warwick, RI 02886 1-800-894-4619 R~ ~{IIIY{N~NIUNI CBRI Consumer Loan Operations - RJW215 12401943 PA 1 Citizens Drive FIRST At1ERICRN LENDER5 ADVANTAGE Riverside, RI 02915 OPEN END M10RTGAGE 111111{IInII1NtII IINI1111B11111~1 INiN181f1I1N 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} ,.. The following general provisions, covenants, conditions and obligations shat! 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 2401 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 Pennsylvania Consolidated Statutes Section 629: <~ Page 1 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, BARGrA1N, 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 alI Riders thereto, if any, to such Open-End Mortgages. B. "Borrawer" 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 "rny" 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 Nate 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. "Nate" 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 refereed 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 makers} 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 tv 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. Bon ower shall satasfy 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 Mender, 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 fa3Is to maintain coverage as requited 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 youx 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 Iimited 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 io 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 5 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 far damages, director 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 trusk 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 Lendex 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, forbeaz or make any accommodations with Page 6 i 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 fox 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 Iimit; 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 Iaw, 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. i5, Borrower's Copy. Borrower shall be given one copy of the Agreement and of this Security Instrument. 16. Transfer of the Property ar a Beneficial)(nterest 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 ox 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 infoirnation required by applicable law. i8. 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 flamrnabie or toxic petroleum products, toxic 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 disczetion, 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 Lender all sums which would be then due under this Security Instrument and the Agreement, had no acceleration occurred; (b) Borrower cures aII breaches of any other covenants or agreements of Borrower contained in this Security Instrument and in the Agreement; (c} Borrower pays ail 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 o#her 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 (i0) 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 ar other applicable event is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in Bill 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 Iimited to, reasonable attorneys' fees and cost of title evidence, as permitted by applicable law. 2X. 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 Instrument. 22. Discontinuance of Rnforcement. 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 Frvperty 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 subordinations. 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 benef t 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 Periad" 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 shat! 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. AlI 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. )Cnterest 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~ ~ ~ d~,l Name: Beth Romano Title: Assistant Vice President STATE OF RHODE ISLAND) SS: COUNTY OF KENT ) The foregoing instrument was actrnowledged before me this 12th day of April, 2007 by Beth Romano, Assistant Vice President of Citi~ns Bank of Pennsylvania, a~ennsylvania banking corporation, on behalf of the corporation. `~' `~ . V~ V.i e,. _i ~~.. •i%i ~ y ' !i o Publie ;'`~~ ~ mmission Ex Tres: Jul ' 2i'~?,~ y P~ Y.. .:a ~ ~ ~ :.~: '., ~~~ :' 2,: ~y I%r • r when recorded mail to: First American Title Insurance Lenders AdventaSG 1100 superior Avemie, Suite 200 Cleveland, Oino 44114 ATTN: NATIONAL RECORDINGS Page 11 ROBERT P. ZIEG~LER RECORDER OF DEEDS CUIVIBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 71.7-240-6370 Tnstrament Number - 208747167 Recorded On 12/ZI/2807 At 2:06:26 PM x Instrument Type -MISCELLANEOUS INSTRUMENT Invoice Number -11294 User ID - MSW * Grantor -CITIZENS BANK OR PENNSYLVANIA * Grantee -CITIZENS BANK OF PENNSYLVANIA Customer -FIRST AMERICAN * FEES STATE WRIT TAR $0.50 RECORDING FEES - $25.50 RECORDER OF DEEDS COiJNTY ARCHIVES FEE $2.00 ROD .ARCHIVES FEE $3.00 TOTAL PAID $31.00 * Total Pages - 12 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 nao ~ -Information denoted by an astcriak may change during fht verification process snd may not be reflected on this page. ~iuiNGxiin~~a EXHIBIT "D" EXHIBIT "D" ALL THAT CERTAIN piece or parcel of land situate in the Township of Hampden, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at the center of the State Highway No. 944, locally known as the Wertzville Road, and the northeastern corner of land now or formerly of Floyd L. Rice, Jr.; thence along said land of Floyd L. Rice Jr., South 8 degrees 30 minutes East, 175 feet to a point; thence along land now or formerly of John E. Eisenberger, Jr., South 81 degrees 30 minutes West, 75 feet to a point; thence along proposed forty (40) foot wide street, North 8 degrees 30 minutes West, 175 feet to the center of the aforesaid Highway; thence down the center of said Highway, North 81 degrees 30 minutes East, 75 feet to the place of BEGINNING. BEING Lot No. 6 in the Plan of Lots recorded in the Cumberland County Recorder's Office in Plan Book 7, at Page 19. BEING the same property which Billy J. Ward, by Deed dated February 19, 2008 and recorded on February 22, 2008, with the Recorder of Deeds Office of Cumberland County as Instrument No. 200805113, granted and conveyed unto Billy J. Ward and Barbara S. Ward. Tax Parcel ID #10-14-0842-030 -6- EXHIBIT "E" Date: September 26, 2012 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on vour home is in default, and the lender intends to foreclose Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save vour home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name address and phone number of Consumer Credit Counseling Agencies serving vour County are listed at the end of this Notice Ifyou have any questions you may call the Pennsylvama Housing Finance A~en~ toll free at 1-800-342-2397 (Persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association maybe able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARR UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CA5A DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. Ward.Act91.092612 Page 1 of 5 ,, •• HOMEOWNER'S NAME(S): Billy J Ward and Barbara S. Ward PROPERTY ADDRESS: 6017 Wentzville Road Enola PA 17025 LOAN ACCT. NO.: ORIGINAL LENDER: Citizens Bank of Pennsvlvania CURRENT LENDER/SERVICER: Citizens Bank of Pennsvlvania HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH TAE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing). During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY-THREE (33) DAYS OF THE DATE OF TffiS NOTICE. 1F YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names addresses and telephone numbers of designated consumer credit counselin¢ agencies for the county in which the nroQerty is located are set forth at the end of this Notice. It is only necessary to schedule one face-to- face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA and received within thirty (30) days of your face-to-face meeting with the counseling agency. YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARS DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARYSTAY OF FORECLOSURE". Ward.Act91.092612 Page 2 of 5 YOU VE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION -- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT Bring it up to date). NATURE OF THE DEFAULT -- The MORTGAGE debt held by the above lender on your property located at: 6017 WERTZVILLE ROAD ENOLA PA 17025 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: the variable monthly payments for the months ofMay 10 2012 through September 10 2012, in the amounts of $35613 $400 73 $387 79 $400 73 and $400 72 respectively Other charges (explain itemize): _$114 68 late charges TOTAL AMOUNT PAST DUE: 2 0$ , 60.78 HOW TO CURE THE DEFAULT -- You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $2,060.78, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash cashier's check certified check or money order made payable to CITIZENS BANK OF PENNSYLVANIA and sent to: Lauren Berschler Karl, Esquire 355 Fifth Avenue, Suite 400 Pittsburgh, PA 15222 Telephone: (412), 232-0808 Fax: (412) 232-0773 IF YOU DO NOT CURE THE DEFAULT -- If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. Ward.Act91.092612 Page 3 of 5 IF ')Z'HE MORTGAGE IS FORECLOSED UPON -- The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY ueriod, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES -- The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -- If you have not cured the default within the THIIZTY (30) DAY period and foreclosure proceedings have begun, ou still have the ri t to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so bYpaying the total amount then past due, plus any late or other charges then due reasonable attorney's fees and costs connected with the foreclosure sale and anYother costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted, EARLIEST POSSIBLE SHERIFF'S SALE DATE -- It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately 6 months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Citizens Bank of Pennsylvania Address:.10561 Telegraph Road Glen Allen, VA 23059 Phone Number: 804-627-4240 Fax Number: 804-627-5711 Contact Person: William P. Kempf E-Mail Address: William.P.Kempf(a~rbscitizens.com EFFECT OF SHERIFF'S SALE -- You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Saie, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE -- You may or X may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. Ward.Act91.092612 Page 4 of 5 ., YOU MAY ALSO HAVE THE RIGHT: • ~ TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY Advantage Credit Counseling Service/CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 888-511-2227 Community Action Commission of Capital Region 1514 Deny Street Harrisburg, PA 17104 717-232-9757 Housing Alliance of Yorlc/I' Housing Resources 290 West Market Street York, PA 17401 717-855-2752 PA Interfaith Community Programs Inc 40 E High Street Gettysburg, PA 17325 717-334-1518 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 717-762-3285 PHFA 211 North Front Street Harrisburg, PA 17110 717-780-3940/800-342-2397 ****************************************************************************** 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. Ward.Act91.092612 Page 5 of 5 .r t a ^ ~•(~ ~ ~ . ..• ,. e+l m rti ~ Postage $ ~ Certified Fee ~ ~ Retum Receipt Fee (Endorsement Required) _ Postmatk `-~.. 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Fteceivetl by f i5tirtfdd Nar-r®) Q. Is deUvery address diffetertr'Crarrt 1Qorrt Y? tf YES, enter de{ivery addres$. Fielow« ~ NQ ~, 3. SiN'vfCe ~erY~fid hAidl ^ IiAeiil ^ i~bhtrFt ~leceigit tar kAdr ^ Insured Mall ^ E.O:p. 4. FteaOk'(ed.Dettver~i (Extra Fee) D iQls -- ,.-- , ~. ~ _ __ ?012 1640 ~©02 4239 5226 . lTbbr f:~drtbatle F'4ehtrn Receipt tte~oa.br-~5~ PS~ Form ~ .. . Plaintiff(s) vs. FORM 1 IN THE COURT OC' COMMON PLEAS Q~'~ CUMBERLAND COUNTY, PENNSYLVANIA, ^~. -; ,i _, - _~,, ,y Defendant(s) O~f~ivil NOTICE OF RESIDENTIAL MORTGAGE 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 acourt-supervised conciliation conference in an effort to resolve this matter with your tender. 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 alt 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 forectosure suit proceeds forward. If you are represen#ed by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. Tt is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with ail 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. Z Da Respectfully submitted: ~j •.. ~ (.lam' [~,i ature of C unsel for Plaintifl] FoRml 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial •V~'orksheet 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 far 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 ^ Home: Office; Cell: Other: State: Zip: How long? Home: CeII: State: Zip: Office: Other: How long? First Mortgage Lender: Type of Loan: Loan Number: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: $ Included Taxes & Insurance; Date of Last Payment: Primary Reason for Default: Is the loan in Bankruptcy? Yes ^ No ^ -- - -_ Date You Closed Your Loan: 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: Year: Amount owed: Value: Automobile #2: Model: Year: Amount owed: Value: Other transportation fautomol2iles, boats, motorcycles): Model: Year: Amount owed: Value Month[y Income Name of Employers: 2. 3. Additional Income Description (not wages): 1. monthly amount: 2. monthly amount: Borrower Pay Days: Co-Borrower Pay Days: Monthly Expenses: (Flease only include expenses you are currently paying} EXPENSE AMOUNT EXPENSE AMOUNT Mort a e Food 2 Mort a e Utilities Car Pa ent s Cando/Nei .Fees Auto Insurance Med. not covered Auto fuellre airs Other ro a ment Install. Loan Pa ment Cable TV Child Su ort/Alim. S endin Mone Da /Child CarelI'uit. Other Ex erases 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): Phone: Servicing Company (Name): Contact: Phone: 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 Date Co-Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: -~ Proof of income -Yj Past 2 bank statements _YJ Proof of any expected income for the last 45 days Y Copy of a current utility bill Letter explaining reason for delinquency and any supporting documentation -1 (hardship letter) Y Lesting agreemen# (if property is currently on the market) 3 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ~a~,tit~ a'' ~umbrr~~~~ ';:> .. .,, _.. _ ~'Q12~QV 27 ~Mll~ 57 ~~~~~~~,A~~ ~~~~~~o PENMSYl~VAN1A Citizens Bank of Pennsylvania Case Number vs. Billy J Ward (et al.) 2012-6890 SHERIFF'S RETURN OF SERVICE 11/14/2012 05:45 PM -Deputy Ryan Burgett, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program & Complaint in Mortgage Foreclosure by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Billy J Ward at 6017 Wertzville Road, Hampden Twp, Enola, PA 17025. RYAN BURGETT, DEPU 11/14/2012 05:45 PM -Deputy Ryan Burgett, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program & Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be Billy Ward, Husband of defendant, who accepted as "Adult Person in Charge" for Barbara S Ward at 6017 Wertzville Road, Enola, PA 17025. ~'~' RYAN BURGETT, DEPUTY SHERIFF COST: $59.00 November 15, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF (cl Cou ~tySuiie Sheriff, Toieosaft, Inc.