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HomeMy WebLinkAbout05-0674IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CITIZENS BANK OF PENNSYLVANIA, CIVIL DIVISION Plaintiff, NO. QS - lo7Y ?tc?i??? V. MARGARET B. YOUNG, an individual, Defendant. TO: DEFENDANT YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. SHERRARD, GERMAN & KELLY, P.C. i By: A RNEYS FOR PLAINTIFF TYPE OF PLEADING: CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE FILED ON BEHALF OF PLAINTIFF: CITIZENS BANK OF PENNSYLVANIA COUNSEL OF RECORD FOR THIS PARTY: I HEREBY CERTIFY THE ADDRESS OF PLAINTIFF IS: 100 Sockanosset Crossroads Cranston, RI 02920 AND THE DEFENDANT IS: 809 Flintlock Ridge Road Mechanicsburg, PA 17055 SHERRARD, GERMAN & KELLY, P.C. BY: ORNEYS FOR PLAINTIFF CERTIFICATION OF LOCATION: I HEREBY CERTIFY THAT THE LOCATION OF THE REAL ESTATE AFFECTED BY THIS LIEN IS: UPPER ALLEN TOWNSHIP SHERRARD, GERMAN & KELLY, P.C. PAUL DAVID BURKE, ESQUIRE Pa. I.D. #34960 SHERRARD, GERMAN & KELLY, P.C. Firm #006 28TH FLOOR, TWO PNC PLAZA PITTSBURGH, PA 15222 (412) 355-0200 BY: - N FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CITIZENS BANK OF PENNSYLVANIA, CIVIL DIVISION Plaintiff, NO. C?S 10/ c/ v. (( MARGARET B. YOUNG, an individual, Defendant. NOTICE TO DEFEND You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Telephone No. (800) 990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CITIZENS BANK OF PENNSYLVANIA, CIVIL DIVISION Plaintiff, NO. OS - 407L? 01U v. MARGARET B. YOUNG, an individual, Defendant. CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE And now, comes Plaintiff, CITIZENS BANK OF PENNSYLVANIA, by and through its attorneys, Sherrard, German & Kelly, P.C., and files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff is CITIZENS BANK OF PENNSYLVANIA, which has its principal place of business at 100 Sockanosset Crossroads, Cranston, Rhode Island 02920. 2. The Defendant, MARGARET B. YOUNG, is an individual, residing within the Commonwealth of Pennsylvania at 809 Flintlock Ridge Road, Mechanicsburg, Pennsylvania 17055. 3. On or about May 16, 2002, the Defendant, MARGARET B. YOUNG, executed a Home Equity Line of Credit Agreement ("Agreement") in favor of CITIZENS BANK OF PENNSYLVANIA, in the original principal amount of $25,000.00. A true and correct copy of said Agreement is marked Exhibit "A", attached hereto and made a part hereof. 4. On or about May 16, 2002, as security for payment of the aforesaid Agreement, The Defendant, MARGARET B. YOUNG, made, executed and delivered to CITIZENS BANK OF PENNSYLVANIA an Open End mortgage in the original principal amount of $25,000.00 on the premises hereinafter described, said Mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County on May 22, 2002, in Mortgage Book Volume 1759, page 2811. A true and correct copy of said Mortgage containing a description of the premises subject to said mortgage is marked Exhibit "B", attached hereto and made a part hereof. 5. Plaintiff believes and therefor avers that MARGARET B. YOUNG and her husband Wallace W. Young are the record and real owners of the aforesaid mortgaged premises with Wallace W. Young having died. As a result of the death of Wallace W. Young, title to the mortgaged property passed to his wife, MARGARET B. YOUNG, by operation of law. 6. The Defendant is in default under the terms of the aforesaid Agreement and Mortgages for, inter alia, failure to pay the monthly installments of principal and interest on said Agreement when due. 7. Demand for payment has been made upon the Defendant by Plaintiff, but the Defendant has failed or refused to pay. 8. On or about December 27, 2004, the Defendant was mailed Notice of Homeowner's Emergency Mortgage Assistance Act of 1983, in compliance with the Homeowner's Emergency Mortgage Assistance Act, Act 91 of 1983. A true and correct copy of said Notice is marked Exhibit "C", attached hereto and made a part hereof. 9. On or about December 27, 2004, the Defendant was mailed Notice of Intention to Foreclose Mortgage in compliance with Act 6 of 1974, 41 P.S. 101, et seq. A true and correct copy of said Notice is marked Exhibit "D", attached hereto and made a part hereof. 10. The amount due and owing Plaintiff by the Defendant is as follows: Principal $16,621.34 Interest thru 1/26/05 $ 372.45 Late Charges thru 1/26/05 $ 52.74 Fees Due $ 300.09 BPO Fees $ 400.00 TOTAL $17,746.62 WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount due of $17,746.62 with interest on the principal amount thereof ($16,621.34) at the rate of $2.27 per diem from January 25, 2005, plus costs (including increases in escrow deficiency) additional late charges, reasonable attorneys' fees and for foreclosure and sale of the mortgaged premises. SHERRARD, GERMAN & KELLY, P.C. By: ?- -- PV David Burke, Esquire Pa. I.D. #34960 Attorneys for Plaintiff 28th Floor, Two PNC Plaza Pittsburgh, PA 15222 (412) 355-0200 11/19/2004 04:07 CITIZENS DIRECT COUNSELING + 914122616221 N0.290 9005 CITLMS BALTIC SECONDARY MORTGAGE LOAN HOME EQ=Y LINE OF CBEDrr AGREEMENT Boaoaor(s): Madam s memo Leader. ? atv=BadcefMuxcbwem [3 GdnmaBeakofCemmctim W Ciazms Bonk ofPmmylvtnis 24 Stab Saes 63 Earne O'NeL Ddve 1735Idmkd Sttrrx Boston, I4A 02109 NewLoodon,C1706320 PbikMpbia, PA 19103 [I M-,B,%okofRhodakW6d 13 Gam,Pha 973 Elm Suter, 9199NNmhhMMukck Saga PWMCDq, 11 02903 Mmcheaw Nflm101 aaim200 wamiep DE19401 DataofAgrameot: 05/16/2002 This HOME EQUITY LVB OF CREDIT AGREEMNT ("Agreement") contains the tens which govern your line of credit (the "Credit Lite or the "Credit Line Aoeomzv) issued through Citizens Book ofUsstaehusetts, Citizens Bank of Rhode Island, Citizens Back of Connecticut, Citizens Bank Naw Hampshire, Citizens Bank of'Penasylvanis, orCitizem Bank (our Delaware Bank) as identified above and hereafter mfoaed to as "Citizens Bank". The Agreement sets forth the terms Under whirl[ Citizens Bank extends credit advances against your Credit Idne Account Ruh person who signs tba Agreement will be bound by its terms and conditions and will be responsible fa paying all amounts owed. In this Agreement, the words "Borrower," "you," "your" and "Applicant" mean each and every person who signs this Agpee neat, including all Borrowers named above. The words 'tin," "our," and "Lander' mean Ciriiew Bank at identified above. You agree to the following terms and conditons: 1. Promise to Pay. You promise to pay Citizens Blank the total of all credit advances made by ns under the terms of this Agreement, any other charges, and FINANCE CHARGES due, together with =110 attd expense forwhich you are responsible under this Agsxmeat or under the'WorZsige" eaam this Agsement. Yon will pay your Credit Lim according to the payment tams act forth W==" below. 2. Term. The term of your Credit Line will begin n of the data of the Agreement ("Opening Date") and will continue until termination of your Credit Line Account. All indebtedness under this Agaemem, if not abrsrdypeid pursuant to the payment provisions below, will be due and payable upon h®inadom The "Draw ParioO of your Cmdil Agreement will begin on a dalq after the OpemagDate, when the Agreement is accepted by ns in the Commonwealh or State in which you signed the Agreement Commonwealth ofMassac tusetts, State of Rhode Island, State of Codnectleut, State of New Hampsbue, Commonwealth of Pennsylvania, or State of Delaware, following the eapirntion of the tight to cancel, the perfection of the Mortgage, and the meeting of all of our other 'conditions and will continue for a period of Tea (30) Yeas, subject to the terms and condition of this Agreement You may obtain credit advances dudag the'Draw Period" not to excsad, at any time, the credit limit of your tine of credit which is S 2s, coo. oo and mane fully described in paragraph 5, "Credit Limits. After the Draw Period ends, the Repaymme Period will begin; and yon wig no longer be able to obtain credit advances. The length of the Repayment period is Fifteen (15) Years. The end of the Mfteen (t5) Yearn it lmowa U the. "Matarity Date". You agree that, at our discretion, we may rmtw at Wend the period during which you may obtain credit advances or make payments 3. Payments a) Draw Period You can obtain advances of credit for Ten (I0) years (the 'Draw Period"). You eon choose one of the two payment options for the Draw Period Option One: Monthly mtcrat-only payments - Under this option, your payments will be due manddy and wM equal the Scenes charges that accrued as the outstanding principal balance during the preceding billing period, plus ins== premiums (if any). all other charges and any amount part due. The 141mmum Payment will act reduce the principal that is outstanding on your Credit Line Account This option will result is greeter wepenvn over the fife of the Credit Liao Account Option Two: 2% of the balance -Under this option, your payments will be due monthly and will equal 21/6 of the New Total Balance (which iachtde9 the principal balance and outstanding finance charges as of the end of the billing period plus innranec premiums Gf enyl. and 061 tear 11M ii%192004 04:07 CITIZENS DIRECT COUNSELING > 914122616221 NO. 290 9006 Page a all otb= charges), plus late fees and any amount past due. The Minitnum Payment will equal =.Go or the outstanding balance on your Credit Line Accamt, whichever is less. b) Repaytmaat Period ARerthe Draw Period ends, you will w longer be able to obtain credit advances andinuat repay the outstanding balance over 15 years (the "Repaymeat Period'j. During the Rapsymeot Period, your regular payment will be based on an amortization of your balance over a 180 moathperiod or S=.CO, whiebevet is gteater. Yaurpaymems will be due membly. In calculating the payment amount by amortizing the balance over a 180 month period, we will use the applicable variable Annual Percentage Rate in e8xt (a the day we calculate yva payment. Your "Minimum Payment" will be the segalarpayment, plus say amount pant due and all other charges, Is, any event, ifyour Credit Line Account balance falls below $20.00, you agree to pay you balance is full. A change in the ANNUAL PERCENTAGE RATE can cause the balance to be repaid more quickly or mare slowly. When rates decrease, Iris interest is due, so mom of the payment repays the principal balance. When ram increase, mom Interest is due, so Ica of the payment repay$the principal balance. If this happens, we may adjust your Minimum Payment as fanowr. Each time the ANNUAL PERCENTAGE RATE increass we will revicw the effect the inmeaso bas on your Credit Lim Account. If the ANNUAL PERCENTAGE RATE has increased so much that your Minimum Payment is no long=suffnciew to repay the balance by the Maturity Date, your Minimum Payment will be increased by the =on= necessary to repay the balance by the Maturity Date. You agree to pay not Ica than the Minimum Payment on or bafora the Payment Due Date indicated an your periodic billing statememL c) Payments All payment: must be made by a check, money order, or other instrument its U.S. dollars and must be received by us at the remittance address ebowa on your periodic billing statement, Payments rec.4wd at that address on any business day win be credited to your Credit Line as of the date zaccived. Payments may also be made at soy of our breach offices. You may also make payments by authorizing us to debit your LStiiees Hank charring account each month in the amount of the Minimum Payment. Payments arm by owl mint be mailed early enough to imvre receipt by w onthe Payment Due Date. 4. Application of Payments. Unless otherwise agreed a required by applicable law, during the Draw Period, payments and other credits well be applied la the following order, to the oldest unpaid billings first, and then sequentially to any other unpaid billings from the oldest to the must current Payments in amass of billed amounts will be credited to your account During the Repaymesnt Period, your payments will be applied n the following order, assuming that it is made by the Payment Due Date: (a) The intermt portion of the umpaidMinaaam Payment; and (b) any additional amount paid that exceeds interest due wjll net be applied to the principal portion of the unpaid Mni ^^' Paymcut If you make a payment grntertbaa the Minimum Payment, but less than the Total Due shown on your periodia statement you will still bee retlnised to make $o Minim®PaymWa is t4u months that follow. We will refund to you any credit balance upon request if there is a credit balance on the date we receive the rcfumd mqueaL 5. Credit Llmlt This Agreement covers a revolving line of credit for S as, coo. oo which will be your "Credit Limit" under this Agreement ibis is the maxim= =edit that is to be extended 'm you Ifthe Credit limit is exceeded, you will be in default of amaterial obligation, under ibis Agreement and the provisions of paragraph 7, "Limitations on Use of Checks" well apply. You may borrow against the Credit Lim, repay any portion of the amount borrowed, sad re-borrow up to the =a= of the Credit Limit. You agree rct to attempt, request, or obtain a credit advance that will make yams Credit Line Account balance exceed year Credit Limit Your Credit Limit well not be im n ascd should you overdraw your Credit Lim Amount Ifyoa exceed your Credit Limit, you area to repay immediately the amount by which your Credit Line Account exceeds your Credit Limit; even if we haw not yet billed you. 6 Row to Use the Credit Line. You may obtain credit advances under your Credit Lim by writing a preprinted "shade" that we will supply to you. Credit Line checks no specially designated checks which can be completed just like any other check Paah check written and negotiated will create a chcck advance from us to you. Cheeks dmwm en the Account on forms otharbaa those forms supplied by us for that purpose will not behoamed. Each check yca write will be paid with a check advance firm your Account umleee you are in default Under this Agreement, as described is paragraph 23, "Termination and Acceleration", win time circumstanced described in paragraph 7, "Limitations ae Use of Cheeks." Your use of* cheek will be rafleeted onyourperiodic statement as a cheek advance, Credit Lime checks will not be certified by as and you agree that we may retain the actual cheeks written by you, and aced not return the original checks to yet. We may also provide additional ways of using your Account from time to time. If tbese is more than ore pursue authoAzod to we this Credit Liar, Accoun; each of yon agree not to 11/18/2004 04:07 CITIZENS DIRECT COUNSELING -> 914122616221 HO.290 POOi Page 3 give us conflicting inatuctious, such si one of you telling vs not to five check advances to the other. Any such instructions will not be followed by us. However, any one ofyou may caacel your Credit Line under paragraph 30, "Cancellation by You°. 7. Limitations on Use of Checks. We reserve the right not to honor Credit Lite checks in the following circumstances: (a) Your Credit Limit has bean, or would be, exceeded by paying the check. (b) Your check is poet-dated If a post-detod cheek is paid and as a result my other cheek is matri ed or not pacer, we are not rusImsable, subject to any applicable law. (c) Your ebodm have been repotted lost or stolen. (d) Your cheek is not signed by an'Aathoriaed Signer" as defined below. (c) Yaw Credit Line has been tenaiaated or suspended as provided in this Agreement or could be if we paid the ebeck. (f) You are in violation of eery other transaction requirement or would be if we paid the check If we pay any cheek under ten circumstances, you anus May us, subject to applicable laws, far the amount oftha chat. The check: itself will be evidmee of lone 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 rot wrongful disho=. S. Authorized Signers. The weds "Authorized Signer" ou cbecks u used is this Agreement mean and include each person who (a) signs the application for this Credit Lime, and (b) signs ibis Agreement. 9. Stop Payments Wa do not honor stop payment orders for cheeks drawn against your Credit Lice Account. You therefore should not use your Credit Line Ancmrat if you anticipate the need to stop payment You agree that we vial have no liability to you or to any other party because we do out hasorstop payment orders. 10. Lost Cbeelca. If you lose your checks or someone is using them without your permission. You agree to notify us immediately. lie fastest way to notify us is by calling us at (800) 922-9999. You also can. notify as at Citi- Bank, Consumer Loan Servicing, 1 Citizens Drive. Riverside, BI 02915. 11. Charges to Your Credit Line. We may charge your Credit Line to pay other few 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 Quit Line for funds required for continuing incirazates average as dumbed in the paragrnpb 13, "lasurance' or as described it rho Morime. We may also, at our option, charge your Credit Line to pay any coats or expenses to protector perfect our security idereat is your dwelling These costs orexpauses include. without limitation, payments to cure defaults under any existing liens on yourdwelVng. If you do nctpgy yourpmperty taxes, we may charge your Credit Lim gad pay the delinquent taxes. Any amount coo charged to your CreditLiae will be a rxodit advance andwill decrease the fonds available, if any, vader the Credit Liao. However, wo have no obligation to provide ary of the esedit advances referred to in this paragraph 12. Collateral. Thu Agreement is secured by a Mortgage dated 05/16/20 o2 to as on property located in cmaimnanit County, State or Commenwealth of PA (the . "Property" ). We have the righk but sec not requitedto take such action as is necessary to protect our Security Interest described is this paragraph Any amounts we any pay in "v^^i^ing our right to protect our Security Interest mutt be paid by you on. demand, and will beer intetvat at the Annual pementege pate than applicable to your amciunt. 13. Insurance. You must obtain imuaace on the property amusing this Agreement through any company of your choice that Is reasonably satisfactory to us forthc looser of the replacement cost of the buildings or appurtenances on the property or the amount of the Credit Line phis any priority liens. You must name Citizmt Bank as mortgagee m all required insmauecpolicies. The insurance you maintain in= provide for Ten (10) days notice of ceamilatiou tons. If the Property is located in a desigutedVicad Zone, you must also mainmi" flood insurance on the Property. Subjaetto applicable law, if yon fail to obtain or maintain insurance as roquiredherein or in the Mortgage, we may purchase insurance to protect am oars inerest, add the premium to your bsleace, pursue any other remedies available to us, or do any ens ora = of these things. 14. Bight of Semft We have the right corder the law to transfer fends held in any deposit account that any person who signs this Agreeme a hat with us or an of Bated bank, to pay a reduce you obligations if you are in default under this Agreement or we tetmiaate or accelerate your Credit Line Aecormt. You grant to us a contractual possessory :enmity interest in.. and hereby assign, eaavey, deliver, pledge, and transfer to as all right, title end interest in and to, your accounts with us (whether sleeking, savings, or some other aoannt? includiag without limitation all amour, hold jointly with someone else and all accounts you may open In the future, mmludlug however all IRA, Keogb, and 1119/2004 04:07 CITIZENS DIRECT COUNSELING a 914122616221 N0.290 9009 Page t, tali accounts. You authorize us, to the extent permitted by applicable law, to charge or set off all sums owing under this Agttamcut against any and an such accounts 15. Periodic Statements, We will send you a periodic statement for all check advances made under this Agreement during the Draw Period end for all monthly payments due during the Repayment Period The statement will show, among other things, payments and credits, check advances, FINANCE CHARGES, instance. and other cbar^ your Previous Total Bslmce, and your New Total Balance. Your stam=en alao will identify the Minimum Payment you must make for that billing period and the Payment Duo Date All periodic swr meats shall aornlusively be considered to be comet and accepted by you unless we ate notified in writing of any alleged errors within 60 days If= receipt, I& SINANCE CHARGES. You will pay a FINANCE CHARGE on the omstanding 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 scout on the date advances arc posted to your Credit Liao Account. There is no "ghee period" which would allow you to avoid a FINANCE CHARGE on your Credit Line advances. FDDAPICE CHARGES do not aacnm on any uodisbumed proceeds. 17. Method Used to Determine the Balance an Which the FINANCE CHARGE Will Be Computed. We figmn the FINANCE CHARGE on your account by applying the daily Periodic rate to the avacage daily balance ofyour Credit Line Account and then multiply by tha member of days in the billing cycle. To gat the sv®ge dailybolanee, we take the total beginning balance ofyour Credit Line Account each day and add new advances and subtract the principal portion of any payments and credits. The beginning balance forthe period is the NewPriocipal Balance amount from your previous statement. To determine the principal portion of a payment, subtract any nnpaid'MANCE CHARGES then iasumaca premiums (if any) and membership fees and dher charges (d" applicable). This given us the dailyprincipalbelaace each day. Than we add up all the daily principal balances for the billing cycle and divide 9A teal by the member of days is dm billing cycle (the maaber of days since your last statement). This gives us the avenge daily bolaaee. The average daily balance does not include Bounce cLatges, i" arauce premiums, membership fees or other Charges. 18. How You May Compute the Finance Charges On Your Line of Credit Aeeomtt. 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 Amoral Percentage Rate by the number of days in the year. The result is multiplied by the number of days is the billing cycle. This figure is the FINANCE CHARGE assessed for the billing cycle. 19. Perlodlc Rte and Corresponding ANNUAL PERCENTAGE RATE. We will datatnine the i Periodic Rate and the corresponding ANNUAL PERCENTAGE RATE as follows We mart with an independent index. (the "hnde e") which is Tha Wall Street Joumal Prime Rate, published daily in the listing of "Money Rates.' We will ute the Index value pnialished on the last business dry of each month for any ANNUAL PERCENTAGE RATE adjustment. The Index is not necessarily the lowest rate charged by us on out loans. To determine the Periodic Rafe that will apply to your Credit Lino Account, we add a merginto the value ofthe Index, than divide the value by the number of days in a year (daily). To obtain the ANNUAL PERCENTAGE FATE, we multiply the Periodic Rate by the mmebcr of days in a year (daily). This result it the ANNUAL PERCENTAGE RATE. Tie ANNUAL PERCENTAGP RATE includes only interest and no other costs. .. -The Periodic Rate and the comupoadntg ANNUAL PERCENTAGE RATE on your Credit Line will increase ordootease as the Index increases or demeaset Evan time to time. Any increase in the Periodic Rate will take the foes o£higberpayment aaernmts, Adjustments to the Periodic Rate and the corresponding ANNUAL PERCMTAGE RAPE resulting from changes is the Index will take affect oa the first day of the am¢ billing Cycle. In no evert Will time ANNNAL PERCENTAGE RATE be more than the leaser of 18.000% or the maim+„^ rate allowed by applicable law. As of the date this Agreement was priulad, the Index is a ie Ye per acamn. Based on that Index value, we estimate that the initial Periodic Rate and the corresponding ANNUAL PERCENTAGE RATE on your Credit Lim for the &at billing cycle will be as stated below, The initial Periodic Rate and corresponding ANNATJL PERCENTAGE RATE actually lo affxt during ilia first billing cycle, which will be disclosed Co. your first periodic statement, may differ from thane catimstoa if Ore Index changes between the date this Agreement was printed and die date you sign this Agreement. Margin Added ANNUAL Daily Periods to Index PERCENTAGE RATE hate 0.250 It 4.50000% 0.012334 11/19/2004 04:07 CITIZENS DIRECT COUNSELING a 914122616221 N0.290 9009 page 5 20. Conversion Optlon. You can exercise the option to convert to a fixed ruse only at tbs and of the Draw Period Your ANNUAL PERCENTAGE RATE may increase if you exercise this Option to convert to a fixed rare. The fixed ram will be determined as follows. The ANNUAL PERCENTAGE RATE will be fixed during the cutire Repayment Period and will be equal m 2'/r% added to the Index which is in effect on the date that the final Draw Period paymcat is due, but will not be more than M00r%. In the event the Prime Irate is published as a range of rates, then the lowest rate published shall be the Index. If The WaQ Street Ieruael ceases publication of the Prime Rate we may select a substantially similar Index which we will use to determine the ANNUAL PERCENTAGE RATE for Ow Repayment Period In m event &hallthe 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 payma n on the principal balance due haeu ado and shall be applied accordingly. 21. Annual Fee. There is no Annual Fee for the first year. Thereafter, a non-refundable Aennal Fec of $50 will be charged to your Credit Line Account on each anniversary of your Credit Line, timing thelDmw Period. We will lower your Annual Fee by 525.00 ifyou meiattia a Citizens Circle Gold Cheddag Account or any other deposit relationship account that we may deem from time to time to warrant a discount If you close year Citizens Circle Gold ChecldngAecount or other designated deposit relationship account, a nonrreNmdeble Annual Fee of 550.00 will be charged to your Credit Line Account an each Anniversary of your Credit Line Account, dmiag the Draw Potiod thereafter. 22. Late Charges. Depending on the smte in which you signed this Agreement, your late fee will be calculated as follows: MA: Your payment will be late if it is not received by us within 15 days of the "Payment Due Date" shown on your periodic statement If your payment is late, we may charge You 3.000% of the payment or $10.00, whichever is bent. You. will pay this late charge only cote on any late payment. CT and RL• Your payment will be We if it is not received by us within 10 days of the "Payment Due Date" shove on your periodic statement If your payment is late, we may charge you 5.000% of the payment or $10.00, whichever is law. NH: Your payment will be late if it is not received by us within 10 days of *a "Payment Dualities" shown nn your periodic smtemeat If your payment is late, we may charge you 7.0000/6 of the payment or 513.50, whichever is grata. PA and DE: Your payment will be late if it is not received by as within IS days of the 'T" at Due Date" shown on your periodic statements. If your payment is late, we may charge you 10.00D•A of the pgymcat or $20.00, whichever is greater. 23. Ta emersion, mid Aealentlon. The entire unpaid balance of your Credit Line Account, including unpaid fees and Fiam:e Charges, shall at our optionbecome immediately due and payable and we can terminate your Credit Line Account by sending you notice, if ny oftbe following cam: (a) You have at soy time in connection with this Credit Line Aeeomm, including your -application far same, committed fraud or have made, or make of anytime, any material miireptesentation. For purposes of this provision, fmad and material misrepresentation sball mean knowingly making any false financial or other statement with the intent that it be relied upon by us and/or intentionally Falling to disclose information in connection with the Credit Line Amount; (b) Fatlura to make ;my payment nnder this Agrammfi (c) Your action or inaction adversely affects the collateral for the Credit Line Account or our rights in the collateral. This sea include, for example, failure to maintain required insurance, waste or destructive ttec of the Property. foura to pay texas, failure to maintsia adegoam insurance for the Security, death of all persons liable an the Credit Line Account or the death of any of the Soeorve a if the collateral is adversely affected by such dasth, transfer of title or sale of the property, the Property is takes through eminent domain. creation of a senior lion on the Property without cur permission, foreclosure by the holder of a prior lien or the use of the dwelling for prohibited purposes. 11/18/2004 04:07 CITIZENS DIRECT COUNSELING a 914122616221 Page e 74. Suspension or Reduction. In addition to any other rights we may have, (nether notice nor your agreement is required), we can suspend additional ertaosicas of credit or reduce your CM&Limit during anyperiod iawbioh any of the following am ion 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 iaiual diffetmce between the credit limit and the available equity is reduced by fifty percent and may include a smalls decline depending on the individual ci^•T^ta^^^°; (b) We reasonably believo tbmt you will bo unable to fulfill your paymmi obligations tmder your Credit Line Account due to a material change is your financial circumstances; (c) You are is deault 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, "Tcrminatim and Aecolmation", obligations to pay fns and charges, obligations and limitations on the receipt of credit advances, obligation coacerniag maintenance or use of the Property, obligations to pay and perform the terms of may other deed of trust, mortgage or lease of the Property, obligations to notify us and to ' provide documents or informatim to us (such as updated finaeial informatim), obligation to comply with applicable laws (such as zoning restrictions). and obligations of my comaker. No detbuft will occur until we mail or deliva a notice of dofmat to you, so you can restore your right to credit advances; (d) Governmau action prevents us from imposing the ANNUAL PERCENTAGE BATE Provided for under this Agreement, or impairs our security interest such that the value, of the Property is leas than 120 percent of the credit ling, (e) We have been madfled by governmental authority that continued advances may constimte an unsafe and unsound business practice. We may charge rat 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; (f) The maximum Annual Percentage Rate is reached. If your Credit Line is suspended or terminated, you rinser immediately destroy all Credit Line checks and any other access devices..Any use of cheeks m other wceu devices following nspmsion or tcmaxinatiea may be considered fraudulent You will also remain liable for soy further usa of each checks or other Credit Line access devices not returned to us 26. Change to Terms. We may stake changes to the terms of this Ague== if you agree to Ors champ it writing at tbat amo, if the charge will unequivocally beoef t you throughout the rexuainder of your Credit Lima Account, or if the change is ioaignificart (such at changes r"'--=r=° to our data processing systems). 26. Collection Costs. If you fail to abide by say terms of this Agreement, end if we arc pe®Ltted to do so by applicable law, we may him or pay someone else to help collect your Credit Line Araosmt "f6u will pay all reasonable ce llectiom costs, including mxsenebic attorney's fms incurred by us in tba collection of amounts due nader this Agreement This includes, subject to any limits under applicable law, our legal expenses whether or not them is a lawsuit and legal mcpeases for baulcrupicy proceedings Concluding efforts to modify or vacate any automatic stay of injunaam), appeals, and any anticipated post-judgmeet collection services, la New Hampshire, if, but only 4 by applicable law, we are pmcmitted to collect amorney's fee, tram you as part of our costa of collecting say amounts due under this Agree amt, them you, to the extem required by New Hampshire Revised Statutes Annotated Chapter361-C, as amended, sball be entitled to reasonable attomey's free if you prevail in (a) my action, rut orptoceedtiag brought by us, or (b) any action brought by you. If you successfully assert a partial defense or cdof, rampment or counterclaim to say action brought byus, the court may withhold from us the entire amount or seek portion of the atmmey's fees as the am= con.idets equitable 27. Delay to Enfora®mt Failure at any time by us to exercise arty of our rights h^R^^aer sball not constitute a waiver of our right to exercise the same at a later time. 29. Default You will be in defiult ender this Agreement if any of tha following acmes, each of which coastirutea a breach of a material obligation of yours under this Agreement: N0.290 0010 (a) You &a to metre say payment wben due or to pay may charge or £ee when due; x10.290 0011 11/19i2004 04.07 CITIZENS DIRECT COUNSELING ? 914122515221 Page 7 (b) Your action or failure to act adversely of acts our security fur your Credit Line Account or a right we have in the security (an attempt by any adkr creditar to take money or other property of yowl that is in our possession is as example of a faime to act that would adversely affect our secntity or security interest} (c) A court ddemtines that you ate bankrupt or insolvent, or (d) You gave or give us false or materially misleading infatmatioa in connection with any extension of Credit to you trader Your Credit Line Account 19. Results of Default If you are in default, we may lower your Credit Limit, we may refuse to make say further advances under this Agreement, we may refuse to pay any ouis neding checks that would require us to make an additional credit advance to you, we may foreclose an the real property described in the Mortgage securing your Credit Line Account, we may take whatever other action is permitted under the Mortgage, and we may exercise any said. all of our rights with respect to nay other property seaming your Credit Link Account We also may demand that you pay the full amount you owe at your Credit Line Account immodiate[y You agree to pay any coats we incur in collecting what you owe following your default If we have to are you to collect what you owe, yen agree to pay our legal firs, including Bart costa. in addition to our other rights and remedies under this agreement and the Mortgage, we reserve the right to honor the check or other device used to obtain an advance without permanently raising your credit limit. If we horror the cheek or other device, the amount that is more than your credit limit will be due and payable immediately. 30. Cancellation by You. If you cancel your tight to credit advances under this Agreement, you must notify us in writing and destroy all Credit Line checks and any other Credit Line Account access devices. Despite cancellation, your obligations under this Agreammt will remain in full force and effect until you have paid us all amauab due under this Agreement. 31. Prepaymanh You may make additional payments or may payback mote than the Minimum. Payment Due at any time without penalty, except we will be entitled to receive all accrued FINANCE C6tARGES, and other charges, if eny. Payments in axem of your Minimum Payment will not relieve you of your obligation to continue to make your Minimum Paymeata. Instead, they will reduce the principal balance owed on the Credit Liao. If yon mark n check money order, or other instrument aunt in paymem with "Paid in M" or with sin--1 laaguaga, we may accept the payment, and you will remaia obligated to pay any further amount awed to us under this Agreement. 32. Notices. All notices will be seat to your address as shown in this Agreement unless you notify us in writing of any change in your address or name within thirty (30) days office change. CM joint accounts, notices sent to one will be considered notice sent to all. 33. Information About You, You authorize net to get financial information about you from third paztiw. including, but not limited to, a credit bureau, your employer, anotherfiaaaaial imstibttim. You also authorize us to disclose information about your ewdiWortbiaeas and this Account to a credit bureau, our af&liates and subsidiaries, and to othaes, antes, mupreesty prohibited by applicable law. We may require a new appraisal of the Property which reruns your Credit Line at any time, including an Internal inspection, at our sole option and expense, accept sa provided for in paragraph 24, "Suspension or Reduction". .. 34. Documentation. You agree to execute or re esecutc any document tbst we request in ardor to corset any error or omission in the original Agreement, security instrument, a other Credit Line Account related documents, including, but not limited to, C ofirmatory or Corrective security instruments. 35. transfer or Assignment Without prior notice or approval from you, are reserve the right to sell or traos&r your Credit Lice Account to aootherlerder, entity, a person, and to =sign= rights tmderthe Mortgage. Yourrights under this Ageemeat belong to you only and maynot be transferred or assigacd Your obhpticus, however, are hooding on your heirs and legal representatives. 36. Tax Deductibility. You understand that Lender makes no aepreemratiooi w warranty whatsoever concerning the tax consequences of this Credit Live Account, including the deductibility of interest, and that you should consult with your own tax advisor for guidance on tbis subject You also ague that Lender &bell not be liable in any munnerwhatsoevershould the interest paid on the Credit Line Account not be deductible. 11i19i2004 04:07 CITIZENS DIRECT COUNSELING a 914122615221 N0.290 D012 Page 3 37. Governing Law. This Agraement is governed by frdaal law and by the laws of the state or commonwealth in which this Agreement was signed: The Comntonwcalthof Massachusetts, the State of Rhode Island, the State of Connecticut, the State of New Hampshire, the Commonwealth of Feansylvania or the State of Delaware. To the eateot tbat federal law preempts state law, this Agreement is governed by federal law. If any provision of this Agroemoat conflicts with say existing or future law, it shall be deemed modified to the erdent necessary to comply with such law and the validity of the remaining tams shall not be affected. 38. Interpretatlom The aamea given to paragraphs a sections in aria Agreement arc for reference purposes only. They arc not be be card to iabapM or define the provision of We Agreement You agree that this Agreement, together with the Mortgage, is the best evidence ofyour agreement with us. If a court fiu& that any provision of this Agreement is not valid or should not be caforcetd, that fad by itself will not mesa that the rest of this Agreement will net be valid or eafmced. Therefore, a court may enforce the rest of the provisions of this Agreement even if aprovision of Ibis Agrooment may be found to be invalid or unenforceable. If we go to court for any mason, we a= use a copy, filmed or electronic, of any periodic statement, this Agreement, the Mortgsga, or any other document to prove what you oven oe 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, year most current periodic statement is the best evidence of your obligation to pay. 39. Arlmowledgment You understand and agree to the toms and conditions in this Agreement By signing this Agreement. you acknowledge that yen have read this Agmemtmt You also acknowledge receipt of a copy of this Agreement, ineladiag the Fair Credit BillingNotica and the early Home 'Equity Line of Ctc& application disclosure, in addition to the handbook antitled "When YotaHome Is On the Live: What You Should Know About Home Equity Lines of Credit," and discloearednotices provided ender applicable state law; given withthe application before signing the Mortgage and before using your Credit Line Account. If tbereis more than one Borrower, each is jointly and severally liable on this Agreement. Tats mesas we am require any one of you to pay all amounts due under this Agresme¢4 including credit advances made to any of you. Each Borrower authorizes my other Borrower, on his or he signature alone, to cancel rho Credit Line, to request and receive credit advances, and to do all other thin3s necessary to any out the terms of this Agtement. We can release any of you from responsibility under this Agreement, and the other Borrowers will remain msponsible. You arlmowledge tbatyou received and rid the Barre: Equity diulaveeanttaneatt provided to you dating the apphcton process, which include Imponeme I''em8 Whmr Yin Home it On the Ilne, Servx=g Direksure Smeanaet, Good Faun Fig nats, Right to Borate a Copy of an Appratml, for MA resident oabt. Marraehusenr ldongage fawn ouclewn, untrhna Mori ge Lam Coat Warlrheeet Cmsmner Guide to Obmrntag a Moregege. for CT tesidects odY. lderlgygor p Right to Cnvarel, for RI residents only, Choke of IIrleAtmrnryDlaekauve and for NI rerhleco rely, Right b Own Corned Die:JmuM Yon War aekaowledga that you received the lasumnoe Appl;cationDiteloaurc, bald ovally (ifyen applied inabnarh coca a by tclrphooe) and iu writing, at rho time you applied for credit Additionally, yen acknowledge thatwith you application, yen provided your consent to us to check year employmtatand credit history with say source and to answer questions about your .. 'credit experitaee with W. NOTIC'ETONEWSERSWBORROWERS: REIDTHISNOMWWOREYOUSIGN. DONOT SIGN THIS NOTE IF 17 CONTAINS BLANK PACES. TIM NOTE IS SECURED BYA SECONDARY MORTGAGE ON YOUR REAL YROFERTY. , 11/19/2004 04:07 CITIZENS DIRECT COUNSELING > 914122616221 Page 9 CREDIT INSURANCE DISCLOSURE CREDIT LIFE MUTRANCE: YOU CANNOT BE DENIED CREDIT SIMPLY BECAUSE YOU CHOOSE NOT TO BUY CREDIT INSURANCE. CREDIT LIFE INSURANCE IS NOT REQUIRED TO OBTAIN CREDIT. INSURANCE WILL NOTBE PROVIDED UNLESS YOU SIGN AND AGREE TO PAY THE ADDIMONAL CHARGE ® Ir the box at the beginning of this paragraph Is checked, I acknowledge that I'nm not obhietng credit Insurance for this Credit Line Account for one of the faIIawhug reasons: (a) I ans not eligible for credit Insurance; (b) Credit Insurance is not available from Leader; or (c) I am ellgibre and credit insurance Is available from Lender, andI do mot want it. ? if the box at the beginning of this paragraph is checked, I desire Credit Life Insurance on 05/2612002 Monthly Premium per $3,000 of Insured Debt is: MA: S.69 for Single Life and SL30 for Joint Life Premium RI: S.66 for Single Life and SL.OS for John Life Premium NM: 3.66 for Single Life and $1.003 for Joint Life Premium CT: SSO for Slagle Life and $120 for Joint Life Premium PA: 5.705 for Single Life and $1.234 for Joint Life Premium NJ: S.62 for Single Life and 3.93 for Joint Life Premium DL,: 53.00 for Susie Life and SL67 for Joint Life Premium You have agreed to purchase credit insurance through Citives Bank in connection with your loan. *NOT A DEPOSIT 'NOTFDIGINSURED "NOT INSURED BY ANY FEDERAL GOVERNMENT AGENCY *NOT GUARANTEED BY CITIZENS BANK ANY Avcrr.TATE OF CITIZENS BANK I TYPE AUTHORIZATION (each borrower mug alga below) ? Slagle Credit Yes. I qualify Per and want single credit I& insmeare Life Borrower Signature Print Name Yes, we quali fy fur and want joint cre&t life innuanas ? lout Coedit Life Borrower Signature Print Name Co-Bormwer Signature Print Name Effective Disbursement Date: n<m?iian NO. 230 D01'? Prior to signing this Credit Insurance Notice on OS/16P002 Ireadandundarsto.dallof the provisions of this Dlsclasure. This Agreementisdatcd 05/16/2002, THIS AGREENCWTIS SIGNED UNDER SEAL. 0.290 D002 11/19/2004 0407 CITIZENS DIRECT COUNSELING > 914122616221 • hd oO5- 7O `77?) 4/7- W1. ? T" Z ROBERT p. RECOPID,R OF Deeps Q [;BRED (D 00Utt7Y-P,1 W Ray 22 pn 12 03 E CITIZENS BANK PENNSYLVANIA HOME EQUITY LINE OF CREDIT OPEN-END MORTGAGE (Securing Future Advances) TBIS MORTGAGE is made on 05/16/2002 The mortgagor is MARGARET B YOUNG WALLACE W YOUNG (DECEASED) This Mortgage is given. to Ci&-= Back of Pcnaaylvania whose address is 1135 M kkor Street Philadelnbia. PA 19103 ("Lender`D. It this Mortgage, the berms "you," "yoar" aad "yours" refer to the mortgagor(s). The [arms "We," "ua" and "our" refer to the Leader. Page 1 PaOPRN RPV. ?D/oi 8K 1 159PG28 i 1 11/19/2004 s 04:07 CITIZENS DIRECT COUNSELING 4 914122616221 Pursuant to a Home Equity Line of Credit Agreement dated its same dare as thia Mortgage ("Agreement"), you may incur maximum unpaid loan indebtedness (exclusive of interest thereon) in amounts fluctuating from time to time up to the maximum principal sum outstanding at any time of S 25.b00.00 Dollars . The Agreement provides for a final scheduled installment due and payable not later than on 0521/2027 . You agree that this Mortgage shall continue to secure all sums now or hereafter advanced under the terms of the Agreement including, without limitation, such sums that are advanced by us wbetber or not at the time the sums are advanced there is any principal sum outstanding under the Agreement The parim hereto mtead that this Mortgage shall secure unpaid balances, fume advances and all other amounts due to us here under and under the Agreement. This Mortgage secures to us: (a) the repayment of the debt evidenced by the Agreement, including future advances, with interest, and all reliaancinpA renewals, extensions and modifications of the Agreement; (b) the payment of all other stuns, with intares? advanced under this Mortgage to protect the security of this Mortgage; and (c) the performance of your covenants and agreements under this Mortgage and the Agreement. For this purpose and in consideration of the debt, you do hereby mortgage, grant and convey to us and our successors and assigns the following described property located in CUMBERLAND , Pennsylvania: SEE ATTACHED SCHEDULE A which has the address of 809 FLINTLOCK RIDGE ROAD, MECHAMCSBURG, PA 17055 Page 2 NC.290 D0W ('Property Address"); BK 1759PG28 12 11/19/2004 04:07 CITIZENS DIRECT COUNSELING a 914122516221 N0.290 9004 Customer Name: MARGARET B YOUNG Application #: 2687224 EYLibit A Q.ceal DescriDtion Page 2 of 2 ALL THAT PARCEL OF LAND IN TOWNSHIP OF UPPER ALLEN, CUMBERLAND COUNTY, STATE OF PENNSYLVANIA, AS MORE FULLY DESCRIBED IN DEED BOOK 0-21, PAM 266, RD9 42.26-0245-074, BEING 14NOIIVN AND DESIGNATED 'AS LOT 19, LOTS OF WAYNE R. BOYD. FILED IN PLAT BOOK 16, PAGE 34 RECORDED 04/1711965. DEED FROM WAYNE R. BOYD AND R. LOUISE BOYD, HUSBAND AND WIFE ASSET FORTH INDEED BOOK 0-21, PAGE 266 DATED 0411711965 AND RECORDED 04/22/1965, CUMBERLAND COUNTY RECORDS, COMMONWEALTH OF PENNSYLVANIA. I Certify this to be retort In Cumberland Count} P TtecordL. 01-n.. Page 2 %1759PG2821 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE The Commonwealth of Pennsylvania's Homeowners' Emergency Mortgage Assistance Program may be able to help you. Read the attached notice to find out how the program works. If you need more information call the Pennsylvania Housing Finance Agency at 1(800) 342-2397. Lanotificacion 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 Ilamando esta agencia (Pennsylvania Housing Finance Agency) sin cargos al numero mencionado arriba. Puedes ser elegible para un prestamo por el programa Ilamado "Homeowner's Emergency Mortgage Assistance Program" el coal puede salvar su casa de la perdida del derecho a redimir su hipoteca. ACT 91 NOTICE IMPORTANT: NOTICE OF HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM PLEASE READ THIS NOTICE YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAYE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS Date: December 27, 2004 Re: Account No.: 6057097347; Mortgage in the original principal amount of $25,000.00 dated May 16, 2002, in favor of Citizens Bank To: Ms. Margaret B. Young From: Sherrard, German & Kelly, P.C. 28th Floor, Two PNC Plaza Pittsburgh, PA 15222 You maybe eligible for financial assistance that will prevent foreclosure on your mortgage if you comply with the provisions of the Homeowners' Emergency Mortgage AssistanceActof1983(the"Act"). You maybe eligible for emergency temporary assistance if your default has been caused by circumstances beyond yourcontrol, you have a reasonable prospectof resuming yourmortgage payments, and if you meet other eligibility requirements established by the Pennsylvania Housing Finance Agency. Please read all of this Notice. It contains an explanation of your rights. 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. During that time you must arrange and attend a "face-to-face" meeting with a representative of this lender, orwith a designated consumer credit counseling agency. The purpose of this meeting is to attempt toworkout a repayment plan, or to otherwise settle your delinquency. This meeting must occur in the next thirty (30) days. If you attend a face-to-face meeting with this lender, or with a consumer credit counseling agency identified in this notice, no further proceeding in mortgage foreclosure may take place for thirty (30) days after the date of this meeting. The name, address and telephone number of our representative is: Ms. Heather Strother Foreclosure Specialist Citizens Bank 100 Sockanossett Crossroads Cranston, RI 02920 Telephone Number: (888) 522-7552 The names and addresses of designated consumer credit counseling agencies are shown on the attached sheet. It is only necessary to schedule one face-to-face meeting. You should advise this lender immediately of your intentions. Your mortgage is in default because you have failed to pay promptly installments of principal and interest, as required, for a period of at least sixty (60) days. The total amount of the delinquency is $1,396.74. That sum includes the following: Monthly payments of $357.60 for the month of September, 2004; a monthly payment of $332.42 for the month of October, 2004, $335.30 forthe months of November and December and late charges in the amount of $36.12. The interest per diem is $2.04 as of December 10, 2004. If you have tried and are unable to resolve this problem at or after your face-to- face meeting, you have the right to apply for financial assistance from the Homeowners' Emergency Mortgage Assistance Fund. In order to do this, you must fill out, sign and file a completed Homeowners' Emergency Assistance Application with one of the designated consumer credit counseling agencies listed on the attachment. An application for assistance may only be obtained from a consumer credit counseling agency. The consumer credit counseling agencywill assist you in filling out your application and will submit your completed application to the Pennsylvania Housing Finance Agency. Your application must be filed or postmarked, within thirty (30) days of your face-to-face meeting. It is extremely important that you file your application promptly. If you do not do so, or if you do not follow the other time periods set forth in this letter, foreclosure may proceed against your home immediately. Available funds for emergency mortgage assistance are very limited. Theywill be disbursed by the Agency under the eligibility criteria established by the Act. It is extremely important that your application is accurate and complete in every respect. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that additional 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 that Agency of its decision on your application. The Pennsylvania Housing Finance Agency is located at 2101 North Front Street, Post Office Box 15530, Harrisburg, Pennsylvania 17105. Telephone No. (717) 780- 3800 or 1-800-342-2397 (toll free number). Persons with impaired hearing can call (717) 780-1869. In addition you may receive another notice from this lender under Act 6 of 1974. That notice is called a "Notice of Intention to Foreclose Mortgage." You must read both notices, since they both explain rights that you now have under Pennsylvania law. However, if you choose to exercise your rights described in this notice, you cannot be foreclosed upon while you are receiving that assistance. Very truly yours, SHERRARD, GERMAN & KELLY, P.C. By._. P David Burke, Esquire Attorneys for Citizens Bank Consumer Credit Counseling Agency Notification To: Name of Mortgagee Address In accordance with the Pennsylvania Homeowners' Emergency Mortgage Assistance Program (Act 91 of 1983), we have been approached for mortgage counseling assistance by: Name of Applicant Address Telephone Number Mortgage Loan Number Address of property on which mortgage is in default, if different from above. The counseling agency met with the above-named applicant on who have indicated that they are more than sixty (60) days delinquent on their mortgage payments and have received notification of intention to foreclose from Name and Address of Mortgagee In accordance with the Homeowners' Emergency Mortgage Assistance Program, this is to inform you that: 1. If the delinquency cannot be resolved within the 30 day forbearance period as provided by law, the applicant listed above may apply to the Pennsylvania Housing Finance Agency for Mortgage Payment Assistance. 2. By a copy of this Notice, we are notifying all other mortgagees, if any, which the applicant has indicated as also having a mortgage on the property identified above. 3. It is our understanding that the 30 day forbearance period in which we are now in ends on 4. No legal action to enforce the mortgage may occur during this forbearance period, unless procedural time limits were not met by the homeowner. Name of Counseling Agency Signer and Title Telephone Number Address CUMBERLAND COUNTY Consumer Credit Counseling Service of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 Financial Services Unlimited 117 West 3rd Street Waynesboro, PA 17268 (717) 762-3285 Urban League of Metropolitan Harrisburg 25 N. Front Street Harrisburg, PA 17101 (717) 234-5925 FAX # (717) 232-4985 YWCA of Carlisle 301 G Street Carlisle, PA 17013 (717) 243-3818 FAX # (717) 243-3948 EXHIBIT "D" SHEBEARD. GERMAN & KELLY, P. C. ATTORNEYS AT LAW 28TH FLooR. Two PNC PLAZA 620 LmEBTY AVENUE PITTSHUROH. PENNSYLVANIA 15222 (412) 355-0200 PAUL DAVID BURKE FAX: (412) 261-6221 email: pdb@sgkpc.com December 27, 2004 VIA U.S. CERTIFIED MAID RETURN RECEIPT REQUESTED AND U.S. FIRST CLASS MAIL Ms. Margaret B. Young 809 Flintlock Ridge Road Mechanicsburg, PA 17055 Re: Notice of Intention to Foreclose Mortgage Dear Ms. Young The Mortgage held by Citizens Bank (hereinafter "the Lender") on your property located at 809 Flintlock Ridge Road, Mechanicsburg, PA 17055 IS IN SERIOUS DEFAULT becauseyou have not made the monthly payments of $357.60 forthe month of September, 2004 and a monthly payment of $332.42 for the month of October. 2004. $335.30 for the months of November and December. Late charges have also accrued to this date in the amount of $36.12. The total amount required to cure this default as of the date of this letter is $1,396.74. You maycure this default within THIRTY (30) DAYS ofthe date ofthis letter, by payingtotheLendertheabove amountof$1,396.74, plus any additional amountswhich may fall due during this period. Such payment must be made either by cash, cashier's check, certified check or money order, and made at Citizens Bank 100 Socknossett Crossroads, Cranston RI 02920 Attention: Ms Heather Strother. If full payment of the amount in default is not made within THIRTY (30) DAYS, then, subject, to any additional rights you may have under the Homeowners' Emergency Mortgage Assistance Program, the Lender may instruct its attorneys to start a lawsuit to foreclose your mortgaged propertyifthe mortgage is foreclosed your 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 default before they begin legal proceedings, you will still have to pay the reasonable attorney's fees, actually incurred, up to $50.00, in orderto cure the default. However, if legal proceedings are started, in order to cure the default you will have to pay the SHERHARD. GERMAN & KELLY. P. C. December 27, 2004 Page 2 reasonable attorney's fees, actually incurred, even if they are over $50.00, and you may also be required to pay the Lender's reasonable costs. If you cure the default within the thirty-day period you will not be required to pay attorney's fees. If you have not cured the default within the thirty-day period and foreclosure proceedings have begun, you still have the rightto cure the default and preventthe sale at any time up to one hour before the Sheriffs foreclosure sale. You may do so by paying the total amount then due, as well as the reasonable attorney's fees and costs connected with the foreclosure sale. It is estimated that the earliest date that such a Sheriffs sale could be held would be approximately April 1, 2005. A notice of the date ofthe Sheriffs sale will be sentto you before the sale. Of course, the amount needed to cure the default may increase the longer youwait. You mayfind out at anytime exactly what the required payment will be by calling the Lender at the following number: (888) 522-7552. This payment must be in cash, cashier's check, certified check or money order and be made payable to the Lender at the Lender's address stated above. You should realize that a Sheriffs sale will end your ownership ofthe mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriffs sale, a lawsuit could be started to evict you. You have additional rights to help protect your interest in the property. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY, OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION, TO PAYOFF THIS DEBT. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. YOU MAY ALSO HAVE ADDITIONAL RIGHTS UNDER THE HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM, IFASEPARATE NOTICE ABOUT THAT PROGRAM IS ENCLOSED WITH THIS NOTICE. Very truly yours, SHERRARD, GERMAN & KELLY, P.C. By: ul David Burke, Esquire Attorneys for Citizens Bank VERIFICATION Heather Strother, Foreclosure Specialist, and duly authorized representative of Citizens Bank of Pennsylvania, deposes and says subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities that the facts set forth in the foregoing Complaint are true and correct to the best of her knowledge, information and belief. C ? eather tro er Foreclosure S ecialist 4Q, n uz ? r TI l ?-y J t t fit) i..i ?,IJ SHERIFF'S RETURN - REGULAR CASE NO: 2005-00674 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIZENS BANK OF PENNSYLVANIA VS YOUNG MARGARET B BRYAN WARD , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according says, the within COMPLAINT - MORT FORE was served upon YOUNG MARGARET B t DEFENDANT law, at 2032:00 HOURS, on the 10th day of February 1 2005 at 809 FLINTLOCK RIDGE ROAD MECHANICSBURG, PA 17055 by handing to FRANSISCO TORRES, GRANDSON a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs Docketing 18 .00 Service 8 .88 Affidavit .00 Surcharge 10 .00 .00 36 .88 Sworn and ?Subscribed to before me this. fl day of L1t Jt)o A.D. / Prot So Answers: 02/11/2005 SHEPPARD GERMAN KELLY By: Curtis R. Long Prothonotary OffiCC Of the Protbonotarp Cumberlanb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor ©,S - le'ILI CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 29TH DAY OF OCTOBER 2008 AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2 BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573