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HomeMy WebLinkAbout14-6721 Supreme CO. n nsylvania Cour f Comm-o leas For Prothonotary Use Only: (►s i1CS Vt Docket No: Cu�,1e a ,y4 ty Coun The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: ><i Complaint ® Writ of Summons ® Petition S ® Transfer from Another Jurisdiction ® Declaration of Taking E Lead Plaintiff's Name: Lead Defendant's Name: C T Susquehanna Bank Kevinlee E. Kirsch Dollar Amount Requested: ®within arbitration limits I Are money damages requested? 0 Yes ® No (check one) ®x outside arbitration limits O N Is this a Class Action Suit? FI Yes X No Is this an MDJAppeal? 0 Yes x No A Name of Plaintiff/Appellant's Attorney: Donald L. Kornfield ® Check here if you have no attorney(are a Self-Represented [Pro Sel Litigant) Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim,check the one that you consider most important. TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS ® Intentional ® Buyer Plaintiff Administrative Agencies ® Malicious Prosecution ® Debt Collection: Credit Card ® Board of Assessment ® Motor Vehicle ® Debt Collection: Other ® Board of Elections ® Nuisance ® Dept.of Transportation ® Premises Liability ® Statutory Appeal:Other S ® Product Liability(does not include E mass tort) (] Employment Dispute: ® Slander/Libel/Defamation Discrimination C ® Other: ( Employment Dispute:Other ® Zoning Board T, ® Other: I ® Other: O MASS TORT ® Asbestos N ® Tobacco ❑❑ Toxic Tort-DES ® Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS ® Toxic Waste 0 Ejectment ® Common Law/Statutory Arbitration B ® Other: ® Eminent Domain/Condemnation ® Declaratory Judgment D Ground Rent ® Mandamus ® Landlord/Tenant Dispute ®Non-Domestic Relations X Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY ® Mortgage Foreclosure:Commercial ®Quo Warranto ® Dental ® Partition ®Replevin ® Legal © Quiet Title ®Other: 0 Medical © Other: Other Professional: Updated 1/1/2011 /�'� r i i s C .� rh Donald L. Kornfield, Esq. jli Atty I.D. #19242 Andrew J. Benchoff, Esq. '(4 i. .{ j Atty I.D. #89159 i� '3Q Kornfield and Benchoff, LLP �tJ•', , t;( `r��� �,t,�c��'� loo Walnut street �=Err' >, L�'AwA t Y Waynesboro, PA 17268 (717) 762-8222 FAX 762-6544 SUSQUEHANNA BANK successor in : IN THE COURT OF COMMON PLEAS OF interest to SUSQUEHANNA BANK PA : THE 9TH JUDICIAL DISTRICT,PA. successor in interest to FARMERS FIRST BANK Plaintiff CUMBERLAND COUNTY VS. CIVIL ACTION—LAW , /" KEVINLEE E. KIRSCH �p�� l C�/ 1 Defendant �� v NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served by entering a written appearance personally or by an 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 claims or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER,GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle,PA 17013 Telephone Number: 717-249-3166,800-990-9108 � 11s 7SP` l an �� 3Loa PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. You must attend the scheduled conference or hearing. SUSQUEHANNA BANK successor in : IN THE COURTI OFCOMMON PLEAS S OF interest to SUSQUEHANNA BANK PA : THE 9TH JUD successor in interest to FARMERS . FIRST BANK Plaintiff CUMBERLAND COUNTY VS. CIVIL ACTION—LAW KEVINLEE E. KIRSCH Defendant COMPLAINT IN MORTGAGE FORECLOSURE 1. The Plaintiff, Susquehanna Bank successor in interest to Susquehanna Bank, PA successor in interest to Farmers First Bank of 13511 Label Lane, Hagerstown, Maryland, brings this action to foreclose a mortgage dated April 30, 1999,between Kevinlee E. Kirsch, Mortgagor, and Farmers First Bank, Mortgagee, which is recorded in Cumberland County Mortgage Book Volume 1539, Page 920, a copy of said mortgage executed by Defendant is attached hereto and made a part hereof as Exhibit A. 2. Plaintiff is the successor in interest to Susquehanna Bank PA,as a result of a merger of Susquehanna Bank PA into Susquehanna Bank,which occurred on October 11, 2008, a copy of the articles of merger being attached as Exhibit B. 3. Susquehanna Bank PA is the successor in interest to Farmers First Bank as a result of a merger of Farmers First Bank into Susquehanna Bank PA, which occurred on November 8, 2004, a copy of the articles of merger being attached as Exhibit C. 4. The land subject to the mortgage is situate at 1514 Kathryn Street, New Cumberland, Cumberland County, Pennsylvania, conveyed to Defendant by deed of Eugene G. Kirsch and Joyce L. Kirsch, dated March 30, 1999, and recorded in Cumberland County Deed Book Volume 196, Page 747, a copy of which deed is attached hereto and made a part hereof as Exhibit D. 5. The mortgage has not been assigned. 6. Defendant is the real owner of the land subject to the mortgage and his address is 1514 Kathryn Street,New Cumberland, PA 17070. 7. The mortgage is in default because Defendant has failed to make payments upon the Mortgage and the accompanying Note,which is attached hereto and made a part hereof as Exhibit E. ( J 5 8. Notice of default in the form of Act 91 was delivered to Defendant by first class mail with proof of mailing and certified mail dated September 6,2014,and receipted on September 9, 2014. Copies of the Notices and mailing receipts are attached hereto, made a part hereof and marked Exhibit F. 9. The following amounts are due on the mortgage and under the note: a. Principal $50,087.69 b. Interest to 11/07/2014 1,034.17 C. Late charges 125.10 Total $51,246.96 WHEREFORE,Plaintiff prays the court to enter judgment in mortgage foreclosure against Defendant in the monetary sum of$51,246.96 together with interest from November 8,2014,at the rate of$4.87 per diem, attorney fees actually incurred, other expenses including but not limited to insurance,taxes,utility or municipal liens and court costs. KO FIE AND N FF, LLP BY ald L. o field Andrew J. e choff Attorney for laintiff I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. SUSQUEHANNA BANK By j� r � sl ... r 7i�tLER RCiCiCiii ',.rr nrr AFTER RECORDING MAIL TO: REDDRDL,,, ur LL- - � FARMERS FIRST BANK CUMBERt1` ID Cf""-PA 24 NORTH CEDAR ST. I It 3 16 LITITZ, PA 17543-7000 .g9 �flY 5 It LOANNO. 01-498576-70 [Space Above This Line For Recording Data] MORTGAGE THIS MORTGAGE("Security Instrument)is given on April 30, 1 9 9 9 The mortgagor Is KEVINLEE E. KIRSCH CBorrower"). This Security Instrument Is given to FARMERS FIRST BANK, A CORPORATION which Is organized and existing under the laws of THE COMMONWEALTH OF PENNSYLVANIA, and whose address is 24 NORTH CEDAR ST. , LITITZ, PA 17543-7000 ("Lender"). Borrower owes Lender the principal sum of Ninety Thousand Dollars and no/100 Dollars(U.S.$9 0, 0 0 0.0 D ). This debt Is evidenced by Borrower's note dated the same date as this Security Instrument("Note"},which provides for monthly payments,with the full debt,if not paid earlier,due and payable on June 1 , 2 D 2 4 . This Security Instrument secures to Lender.(a)the repayment of the debt evidenced by the Note,with Interest,and all renewals,extensions and modifications of the Note;(b)the payment of all other sums,with Interest,advanced under paragraph 7 to protect the security of this Security Instrument;and(c)the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage,grant and convey to Lender the following described property located In C U M B E R L A N D County,Pennsylvania: SEE ATTACHED LEGAL DESCRIPTION which has the address of 1514 KATHRYN STREET , NEW CUMBERLAND [Street] [City] Pennsylvania 17 0 7 0 ("Property Address"); [Tip Code] TOGETHER WITH all the Improvements now or hereafter erected on the property,and all easements, appurtenances,and 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 Is referred to in this Security Instrument as the"Property." BORROWER COVENANTS that Borrower is lawfully seised 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. PENNSYLVANIA-SINGLE FAMILY-FNMA/FHLMC UNIFORM INSTRUMENT FORM 30399/90 ISC/CMDTPA//039t/3039(9-90)-L PAGE t OF 6 li0UKj5 �PAGIb 920 EXHIBIT A IANNO. 01-4ss57s-70 THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal and Interest;Prepayment and Late Charges. Borrower shall promptly pay when due the principal of and Interest on the debt evidenced by the Note and any prepayment and late charges due under the Note. 2. Funds for Taxes and Insurance.Subject to applicable law or to a written waiver by Lender,Borrower shall pay to Lender on the day monthly payments are due under the Note,until the Note Is paid in full,a sum("Funds' for:(a) yearly taxes and assessments which may attain priority over this Security Instrument as a Iden on the Property;(b)yearly leasehold payments or ground rents on the Property,if any;(c)yearly hazard or property Insurance premiums;(d) yearly flood insurance premiums,If any,(e)yearly mortgage insurance premiums,If any;and(f)any sums payable by Borrower to Lender,In accordance with the provisions of paragraph 8,in lieu of the payment of mortgage Insurance premiums. These items are called"Escrow items." Lender may,at any time,collect and hold Funds in an amount not to exceed the maximum amount a lender for a federally related mortgage loan may require for Borrower's escrow account under the federal Real Estate Settlement Procedures Act of 1974 as amended from time to time,12 U.S.C. § 2601 et seq.("RESPA"),unless another law that applies to the.Funds sets a lesser amount. if so,Lender may,at any time,collect and hold Funds in an amount not to exceed the lesser amount. Lender may estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with applicable law. The Funds shall be held In an institution whose deposits are Insured by a federal agency,instrumentality,or entity (including Lender,IF Lender is such an institution)or In any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items. Lender may not charge Borrower for holding and applying the Funds,annually analyzing the escrow account,or verifying the Escrow items,unless Lender pays Borrower Interest on the Funds and applicable law permits Lender to make such a charge. However,Lender may require Borrower to pay a one-time charge for an independent real estate tax reporting service used by Lender in connection with this loan,unless applicable law provides otherwise. Unless an agreement is made or applicable law requires Interest to be paid,Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender may agree in writing,however, that Interest shall be paid on the Funds. Lender shall give to Borrower,without charge,an annual accounting of the Funds,showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for all sums secured by this Security Instrument. If the Funds held by Lender exceed the amounts permitted to be held by applicable law,Lender shall account to Borrower for the excess Funds in accordance with the requirements of applicable law. If the amount of the Funds held by Lender at any time is not sufficient to pay the Escrow Items when due,Lender may so notify Borrower In writing,and, In such case Borrower shall pay to Lender the amount necessary to make up the deficiency. Borrower shall make up the deficiency in no more than twelve monthly payments,at Lender's sole discretion. Upon payment in full of all sums secured by this Security Instrument,Lender shall promptly refund to Borrower any Funds held by Lender. If,under paragraph 21,Lender shall acquire or sell the Property,Lender,prior to the acquisition or sale of the Property,shall apply any Funds held by Lender at the time of acquisition or sale as a credit against the sums secured by this Security Instrument. 3. Application of Payments. Unless applicable law provides otherwise,all payments received by Lender under paragraphs 1 and 2 shall be applied:first,to any prepayment charges due under the Note;second,to amounts payable under paragraph 2;third,to interest due;fourth,to principal due;and last,to any late charges due under the Note. 4. Charges;Liens. Borrower shall pay ali taxes,assessments,charges,fines and impositions attributable to the Property which may attainPPriority over this Security Instrument,and leasehold payments or ground rents,9 any. Borrower shall pay these obligatlons in the manner provided In paragraph 2,or if not paid In that manner,Borrower shall pay them on time directly to the person owed payment. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph. If Borrower makes these payments directly,Borrower shall promptly furnish to Lender receipts evidencing the payments. Borrower shall promptly discharge any lien 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;(bf contests In good faith the Ilan by,or defends against enforcement of the Iden In,legal proceedings which in the Lenders opinion operate to prevent the enforcement of the lien;or(c)secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property Is subject to a lien which may attain priority over this Security Instrument,Lender may give Borrower a notice Identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 5. Hazard or Property 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 any other hazards, Including floods or flooding,for which Lender requires insurance. This Insurance shall be maintained In the amounts and for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. If Borrower falls to maintain coverage described above,Lender may,at Lender's option,obtain coverage to protect Lender's rights in the Property In accordance with paragraph 7. PENNSYLVANIA-SiNGLE FAMILY-FNMA/FHLMC UNIFORM INSTRUMENT FORM 3039 9/90 ISC/CMDTPA//0391/3039(990)-L PAGE 2 OF 6 6041539PAGE ,921' )ANNO. 01-498576-70 All Insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have the right to hold the policies and renewals. If Lender requires,Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. 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. Unless Lender and Borrower otherwise agree in writing,insurance proceeds shall be applied to restoration or repair of the Property damaged,ff the restoration or repair Is economically feasible and Lenders security is not lessened. If the restoration or repair is not economically feasible or lender's security would be lessened,the Insurance proceeds shall be applied to the sums secured by this Security Instrument,whether or not then due,wfth any excess paid to Borrower.Insurance carrier has offered t settle a ndons the Property, he then Lender may collect the a surance notice eds LLendeer maty 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 the notice is given. 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 referred to in paragraphs 1 and 2 or change the amount of the payments. If under paragraph 21 the Property is acquired by Lender,Borrowers 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. S. Occupancy,Preservation,Maintenance and Protection of the Property;Borrower's Loan Application; Leaseholds. Borrower shall occupy,establish,and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy,unless Lender otherwise agrees in writing,which consent shall not be unreasonably withheld,or unless extenuating Circumstances exist which are beyond Borrowers control. Borrower shall not destroy,damage or impair the Property,allow the Property to deteriorate,or commit waste on the Property. Borrower shall be in default 9 any forfeiture action or proceeding,whether civil or criminal,is begun that In Lender's good faith judgment could result in forfeiture of the Property or otherwise materially Impair the lien created by this Security Instrument or Lender's security Interest. Borrower may cure such a default and reinstate,as provided In paragraph 18,by causing the action or proceeding to be dismissed with a ruling that,In Lenders good faith determination,precludes forfeiture of the Borrowers interest in the Property or other material impairment of the lien created by this Security Instrument or Lender's security interest. Borrower shall also be in default ff Borrower,during the loan application process,gave materially false or inaccurate information or statements to Lender(or failed to provide Lender with any material Information)In connection with the loan evidenced by the Note,including,but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument Is on a leasehold,Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property,the leasehold and the fee title shall not merge unless Lender agrees to the merger In writing. 7. Protection of Lender's Rights In the Property. If Borrower fails to perform.the covenants and agreements contained In this Security Instrument,or there is a legal proceeding that may significantly affect Lenders rights in the Property(such as a proceeding In bankruptcy,probate,for condemnation or forfeiture or to enforce laws or regulations),then Lender may do and pay for whatever is necessary to protect the value of the Property and Lenders rights in the Property. Lenders actions may Include paying any sums secured by a lien which has priority over this Security Instrument,appearing in court,paying reasonable attomeys'fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7.Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 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 Note rate and shall be payable,with interest,upon notice from Lender to Borrower requesting payment. S. Mortgage Insurance. 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 If,for any reason,the mortgage insurance coverage required by Lender lapses or ceases to be in effect,Borrower shall pay the premiums required to obtain coverage substantially equivalent to the mortgage Insurance previously In effect,at a cost substantially equivalent to the cost to Borrower of the mortgage insurance previously in effect,from an aftemate mortgage Insurer approved by Lender. If substantially equivalent mortgage Insurance coverage is not available, Borrower shall pay to Lender each month a sum equal to one-twelfth of the yearly mortgage insurance premium being paid by Borrower when the Insurance coverage lapsed or ceased to be in effect Lender will accept,use and retain these payments as a loss reserve in lieu of mortgage Insurance. Loss reserve payments may no longer be required,at the option of Lender,if mortgage insurance coverage(in the amount and for the period that Lender requires)provided by an insurer approved by Lender again becomes available and Is obtained. Borrower shall pay the premiums required to maintain mortgage Insurance in effect,or to provide a loss reserve,until the requirement for mortgage insurance ends In accordance with any written agreement between Borrower and Lender or applicable law. 9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the Inspection. 10. Condemnation.The proceeds of any award or claim for damages,direct or consequential,in connection with any condemnation or other taking of any part of the Property,or for conveyance in lieu of condemnation,are hereby assigned and shall be paid to Lender. PENNSYLVANfA-SINGLE FAMILY-FNMA/FNLMC UNIFORM INSTRUMENT FORM 3039 9/90 ISC/CMDTPA//039[/3039(9.90)-L PAGE 3 OF 6 sood539 FAGS.;922 )ANNO. 01-498576-70 in the event of a total taking of the Property,the proceeds shall be applied to the sums secured by this Security Instrument,whether or not then due,with any excess paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property Immediately before the taking Is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the taking,unless Borrower and Lender otherwise agree In writing,the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction:(a)the total amount of the sums secured immediately before the taking,divided by(b)the fair market value of the Property Immediately before the taking. Any balance shall be paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property Immediately before the taking is less than the amount of the sums secured Immediately before the taking,unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides,the proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower,or If,after notice by Lender to Borrower that the condemnor offers to make an award or settle a claim for damages,Borrower falls 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 referred to In paragraphs 1 and 2 or change the amount of such payments. 11. 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 successor in Interest of Borrower shall not operate to release the liability of the original Borrower or Borrrower's successors in interest. Lender shall not be required to commence proceedings against any successor in Interest 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 Borrower or Borrower's successors in interest. 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. 12. Successors and Assigns Bound;Joint and Several Liability;Co-signers. 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 paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note:(a)Is co-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 may agree to extend,modify,forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 13. Loan Charges. If the loan secured by this Security Instrument 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 loan exceed the permitted limits,then:(a)any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit;and(b)any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note 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 charge under the Note. 14. Notices. Any notice to Borrower provided for In this Security Instrument shall be given by delivering it or by malting ft by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender s address stated herein or any other address 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 given as provided in this paragraph. 15. Governing Law;Severability. 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 Note conflicts with applicable law,such conflict shall not affect r provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest In it is sold or transferred(or if a beneficial Interest in Borrower is sold or transferred and Borrower is not a natural person)without Lender's prior written consent,Lender may,at its option,require immediate payment in full of all sums secured by this Security Instrument. However,this option shail.not be exercised by Lender if exercise Is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option,Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period,Lender may Invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. PENNSYLVANIA-SINGLE FAMILY-FNMA/FHLMC UNIFORM INSTRUMENT FORM 3039 9/90 ISO/CMDTPA//0391/3039(II`90)•L PAGE 4 OF 6 Bood539 FACE 323 JANNO. 01-498576-70 18. Borrower's Right to Reinstate. If Borrower meets certain conditions.Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of:(a)5 days(or such other period as applicable law may specify for reinstatement)before sale of the Property pursuant to any power of sale contained in this Security instrument;or(b)entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower:(a)pays Lender all sums which then would be due under this Security Instrument and the Note as If no acceleration had occurred;(b)cures any default of any other covenants or agreements;(c)pays all expenses Incurred In enforcing this Security Instrument,Including,but not limited to,reasonable attomeys'fees;and(d takes such action as Lender may reasonably require to assure that the lien of this Security Instrument,Lender's rights In the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower,this Security Instrument and the obligations secured hereby shall remain fully effective as If no acceleration had occurred. However,this right to reinstate shall not apply in the case of acceleration under paragraph 17. 19. Sale of Note;Change of Loan Servicer. The Note or a partial interest in the Note(togetherwith this Security Instrument)may be sold one or more times without prior notice to 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 maybe one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer,Borrower will be gtven written notice of the change in accordance with paragraph 14 above and 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 other Information required by applicable law. 20. Hazardous Substances. Borrower shall not cause or permit the presence,use,disposal,storage,or release of any Hazardous Substances 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 small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender 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 Substance or Environmental Law of which Borrower has actual knowledge. if Borrower leams,or is notified by any governmental or regulatory authority,that any removal or other remediation of any Hazardous Substance affecting the Property is necessary,Borrower shall promptly take all necessary remedial actions In accordance with Environmental Law. As used In this paragraph 20,"Hazardous Substances"are those substances defined as toxic or hazardous substances by Environmental Law and the following substances:gasoline,kerosene,other flammable or toxic petroleum products,toxic pesticides and herbicides,volatile solvents,materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 20,"Environmental Law"means federal laws and laws of the jurisdiction where the Property Is located that relate to health,safety or environmental protection. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 21. Acceleration;Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement In this Security!nstrument(but not prior to acceleration under paragraph 17 unless applicable law provides otherwise).-Lender shall notify Borrower of,among other things:(a)the default;(b)the action required to cure the default;(c)when the default must be cured;and(d)that failure to cure the defauft as specified may result in acceleration of the sums secured by this Security Instrument,foreclosure by judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the defautt is not cured as specified,Lender at its option may require Immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses Incurred In pursuing the remedies provided in this paragraph 21,including,but not limited to, attorneys'fees and costs of title evidence to the extent permitted by applicable law. 22. Release. Upon payment of all sums secured by this Security Instrument,this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence,Lender shall discharge and satisfy this Security Instrument without charge to Borrower. Borrower shall pay any recordation costs. 23. Waivers. Borrower,to the Went permitted by applicable law,waives and releases any error or defects in proceedings to enforce this Security Instrument,and hereby waives the benefit of any present or future laws providing for stay of execution,extension of time,exemption from attachment,levy and sale,and homestead exemption. PENNSYLVANIA-SINGLE FAMILY-FNMA/FHLMC UNIFORM INSTRUMENT FORM 3039 9/90 ISC/CMDTPAI/0391/3039(9-90)-L PAGE 5 OF 6 9OOK1539PAGE .924 JANNO. 01-498576-70 24. Reinstatement Period. Borrower's time to reinstate provided in paragraph 18 shall extend to one hour prior to the commencement of bidding at a sheriffs sale of othbftale pursuant to this Security Instrument. 25. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property,this Security Instrument shall be a purchase money mortgage. 26. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment Is entered on the Note or In an action of mortgage foreclosure shall be the rate payable from time to time under the Note. 27. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument,the covenants and agreements of each such rider shall be incorporated Into and shall amend and supplement the covenants and agreements of this Security Instrument as If the rkler(s)were a part of this Security Instrument. [Check applicable box(es)] IgAdjustable Rate Rider ❑Condominium Rider ❑1-4 Family Rider ❑Graduated Payment Rider ❑Planned Unit Development Rider ❑Biweekly Payment Rider El Balloon Rider El Rate Improvement Rider ❑Second Home Rider ❑Other(s)[specify] BY SIGNING BELOW,Borrower accepts and agrees to the terms and covenants contained In this Security Instrument and In any rider(s)executed by Borrower and recorded with ft. Witnesses: Do� I _(seal, —� k�IITNLEE E . KIRSCH tea"° Social Security Number [o—SG-73 6 Social Security Number Social Security Number 43� Social Security Number ]Space Below This une For Acknowledgment] Certificate of Residence I, NORMA 1 . FISHER do hereby certify that the correct address of the within-named Mortgageels24 NORTH CEDAR ST. , LITITZ, PA 17543-7000 Witness my hand this 30th day of A P r i 1 1999 J Agent of Mortgagee IL COMMONWEALTH OF PENNSYLVANIA, P County ss: On this,the 3 0 t h day of A p r 1 1 19 9 9 ,before me,the undersigned officer,personally appeared KEVINLEE E. KIRSCH known to me(or satisfactorily proven)to be the person whose name subscribed to the within Instrument and acknowledged that h e/s h e executed the same for the purposes herein contained. IN WITNESS WHEREOF,I hereunto set my hand and official seal. (� M Commission expires: NOTARIAL SEAL o `6`(� My p t4AFiLLNe tA.GULICK,Notary Public i lily of Hander.E0,Dauphin ^ ^ A- 5.�:�ar,;ai;a;ci;cx ires Juno 17, L1Jl�.l�C) {)-'C�i . Two of OR r yea r F0 M PENNSYLVANIA-SINGLE FAMILY-FNMAfFHLMC UNIFORM INSTRUMENT ��• , ISC/CMDTPA//O381/3O39(9-90)-L PAGE6OF6 �' =:='T c7, B . L,"ice Vl�•.�•...�'� fi� BOOK 1539 PAGE 025 r EXIYIBIT"A" ALL THAT CERTAIN piece or parcel of land situate in the Borough of New Cumberland, Cumberland County,Pennsylvania, as shown on plan hereinafter mentioned,more particularly bounded and described as follows,to wit: BEGINNING at a steel pin on the west side of Catherine Street, 160 feet south of East 16`h Street; thence south 49 degrees 24 minutes west 118.75 feet to a steel pin; thence south 40 degrees 27 minutes east, 84.9:feet to a steel pin;thence north 49 degrees 20 minutes east along the northern line of Lot No. 2 on plan hereinafter mentioned, 124.08 feet to a steel pin on the western line of Catherine Street; thence along the western line of Catherine Street north 44 degrees 3 minutes west, 84.98 feet to a steel pin,the place of BEGINNING. BEING Lot No. 1 on a plan of lots according to survey of J. H. Rife,Registered Engineer, dated June 6, 1955, and recorded in Deed Book 19-M, Page 385, Cumberland County Records. BEING the same premises which Eugene G.Kirsch and Joyce L.Kirsch,his wife,by their deed dated March 30, 1999 and recorded in the Office of the Recorder of Deeds of Cumberland County,Pennsylvania in Deed Book 196,Page 5747, granted and conveyed unto Kevinlee E. Kirsch,Mortgagor herein. 1300d539 PAGE ,926 LOANNO. 01-498576-70 ADJUSTABLE RATE RIDER (3 Year Treasury Index—Rate Caps) THIS ADJUSTABLE RATE RIDER is made this 3 0 t h day of A P r 1 1 , 19 9 9 and is Incorporated Into and shall be deemed to amend and supplement the Mortgage,Deed of Trust or Security Deed(the"Security Instrument")of the same date given by the undersigned(the"Borrower")to secure Borrower's Adjustable Rate Note(the"Note")t0 FARMERS FIRST BANK, A CORPORATION (the"Lender")of the same date and covering the property described in the Security Instrument and located at: 1514 KATHRYN STREET , NEN CUMBERLAND, PA 17070 [Property Address) THE NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN THE INTEREST RATE AND THE MONTHLY PAYMENT. THE NOTE LIMITS THE AMOUNTTHE BORROWER'S INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE THE BORROWER MUST PAY. ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Security Instrument,Borrower and Lender further covenant and agree as follows: A. INTEREST RATE AND MONTHLY PAYMENT CHANGES The Note provides for an Initial Interest rate of B.9 5 0 0 %. The Note provides for changes in the interest rate and the monthly payments,as follows: 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The interest rate I will pay may change on the first day of a u n e, 2 0 0 2 and on that day every 36th month thereafter. Each date on which my Interest rate could change is called a"Change Date." (B) The index Beginning with the first Change Date,my Interest rate will be based on an Index. The"Index"is the weekly average yield on United States Treasury securities adjusted to a constant maturity of 3 years as made avallable by the Federal Reserve Board. The most recent Index figure available as of the date 45 days before each Change Date is called the"Current Index.' If the Index is no longer available,the Note Holder will choose a new index which is based upon comparable Information. The Note Holder will give me notice of this choice. (C) Calculation of Changes Before each'Change Date,the Note Holder will calculate my new interest rate by adding Two and Three/ Quarters percentage points( 2 . 7 5 0 0 %)to the Current Index. The Note Holder will then round the result of this addition to the nearest one-eighth of one percentage point(0.125%). Subject to the limits stated in Section 4(D)below,this rounded amount will be my new interest rate until the next Change Date. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date in full on the maturity date at my new Interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. (D) Limits on Interest Rate Changes The Interest rate I am required to pay at the first Change Date will not be greater than B.9 5 0 0 %or less than 4. 9 5 0 0 %. Thereafter,my Interest rate will never be increased or decreased on any single Change Date by more than two percentage points(2.0%)from the rate of Interest I have been paying for the preceding 36 months. My Interest rate will never be greater than 1 2.9 5 0 0%. MULTISTATE ADJUSTABLE RATE RIDER-3 YEAR ARM—Single Family--FNMA/FHLMC Uniform Instrument Form 3114 7/85 ISC/CRID-//W92/3114(07-88)-L PAGE 1 OF 2 BoaK 1539 PAGE .927 LOANNO. 01-498576-70 (E) Effective Date of Changes My new Interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (F) Notice of Changes The Note Holder will deliver or mail to me a notice of any changes In my Interest rate and the amount of my monthly payment before the effective date of any change. The notice will include information required by law to be given me and also the title and telephone number of a person who will answer any question I may have regarding the notice. B. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER Uniform Covenant 17 of the Security Instrument is amended to read as follows: Transfer of the Property or a Beneficial Interest in Borrower.If all or any part of the Property or any Interest in it Is sold or transferred(or If a beneficial Interest in Borrower Is sold or transferred and Borrower is not a natural person)without Lender's prior written consent,Lender may,at its option,require Immediate payment in full of all sums secured by this Security Instrument. However,this option shall not be exercised by Lender If exercise is prohibited by federal law as of the date of this Security Instrument. Lender also shall not exercise this option If.(a)Borrower causes to be submitted to Lender information required by Lender to evaluate the Intended transferee as If a new loan were being made to the transferee;and(b)Lender reasonably determines that Lender's security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable to Lender. To the extent permitted by applicable law,Lender may charge a reasonable fee as a condition to Lender's consent to the loan assumption. Lender may also require the transferee to sign an assumption agreement that Is acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the Note and In this Security Instrument. Borrower will continue to be obligated under the Note and this Security Instrument unless Lender releases Borrower in writing. If Lender exercises the option to require Immediate payment In full,Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice Is delivered or mailed within which Borrower must pay ail 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. BY SIGNING BELOW,Borrower accepts and agrees to the terms and covenants contained In this Adjustable Rate Rider. I (Seal) K E V I N L E E E . KIRSCH -Borrower (Seal) -Borrower (seal) Borrower (Seal) -Borrower MULTISTATE ADJUSTABLE RATE RIDER-3 YEAR ARM—Single Family—FNMA/FHLMC Uniform Instrument Form 3114 7/88 ISC/CRID•'//0392/3114(07-88)-L PAGE 2 OF 2 000Ki539PACE 02$ State of Penns Iv >: County of Cu mbb anis �.er erland} $g "or ed� the office n and for the roto din in erland Count 8 of Deeds a rn ss y hal--_Pa e Carlis e,PA th ►of of! e '�8 day cor Susquehanna Susquehanna Bank 13511 Label Lane Hagerstown,MD 21740 Tel 888.722.7270 Fax 240.313.15,53 October 17, 2008 Commonwealth of Pennsylvania Department of Transportation Bureau of Motor Vehicles Harrisburg, PA 17122 Dear Sirs: Please be advised that Susquehanna Bank PA, Lititz, PA and Susquehanna Bank DV, Bryn Mawr, PA, are now known as"Susquehanna Bank,,effective October 11, 2008. Attached is`a copy of the Agreement and Plan of Merger conceming the merger of the two banks: Please retain this document on file, for future use. If you have any further questions, please feel free to contact me. Sincerely Yours, e. Susan E. Gift ,' ruHirp���,� Support Specialist ��•�Q��MUA10� Susquehanna Bank : CRY eL�.,o�.,, 13511 Label Lane Hagerstown,MD 21740 commisstosv ❑ 1-888-722-7270 ext 8124 S-7,0-- EXPIRES 4/112010 FOAI G ��``` ►tllrnlntiL EXHIBIT Y OCT.,23. 2008 12:26PM DEPT OF STATE CORP BUREAU eitNO. 9175 P. 3, y , PedroA.Cort6s Sedretary of the Commonwealth AR dCLE,S OIF N bkGER `The uridersgned,,Joseph R. Lizza, President and Chief Executive Officer, and Michele .Pollack, Senior'Executive Vice,President, of Susquehanna Bank 1?V,.,a P=sylvania bank and trust company under the Pennsylvania Banking Code of 1965(the `dank Code"),Michael E.Hough,President and Chief Operating Officer,and Robert E. Burst, IT, Scnio`r Executive 'Vice President, of Susquehanna Bank, a bank and trust company organized"under the Financial Institutions Article,of the Anrtotafed Code of Maryland C Susquehanna Maryland"), and Donald H,'McCarty, Senior'Ekeetttive Vice President,and Jobn.IH. Montgomery, Setiior,Exceutive Vice President, of Susquehanna 'Bank PA, a'Pesinsylvania bank-and trust.company organized,under the Bank Code, in co p iance with section 1603(f)of the Baz;k Code,acting on the express authonzatiori of the boards of directors of their respective institutions and desiring to effect the merger of• Susquehanna Bank DV and Susquehanna Maryiand with and into Susquehanna Bank PA, do hereby make and subscribe these Articles'of lulerget grid do state as folloivs: 'kka: The names of the constituent parties to the merger are Susquehanna Hank DV, Susquehanna Mary-land and Susquehanna Bank PA, Susquehanna Bank PA Nii l. ` continue as the resulting institution under the name Susquehanna Bank. `S C NDi The location and post office addiess of the principal place of business of each pally ai'e:Susquehanna Bank PA,•9 East Main Street,Lititz,Pennsylvania 117543; Susquehanna Bank DV, .101 South,Bryn Mawr Avenue, Bryn-,Mawr, Pennsylvania 19010;=and Susquehanna Bank, 59 Nest Washington°Street, Hagerstown, Maryland w w 21741 .' THIRD: The plan was adopted; in the case'of Susquehanna Bank DV,by the unanimous vote of its board of directors afa meeting thereof duly convened and held on May 28, 2008 iri Lititz,Tennsylvania,�at'Which a quorum was present and acfm. g through66t and by a•'Vdritteri Consent of Sole Shareholder, dated May 28, 2008, duly r executed by Susquehanna Bancshares,Inc.,a Peiihsylvania corporation C SBr),the sole shareholder of Susquehanna Bank PA;with all notice in regard to such,shareholder action being 4a;ved by .such sole shareholder. The plan was adopted, in the case of Susquehanna Maryland,:by the unanimous vote of,its board of directors at a meeting ther`eof,duly convened and held on May 28,2008 in Lititz, Pennsylvania, at which a quorum was present and acting throughout and bye the urianinious Vote of its sole stockholder, SBT, at a meeting duly.convoned'•.and held on May 28, 2008; at whieb.a quorum vas.present and acting throughout, end by which all notice in regard to.such stookholdei meeting being Waived by such sole stockholder.The plan was adopted,in the ease of Susquehanna Bank PA, by the unanimous vote of its board of directors at a meeting thereof-duly convened and beld on May 28,2008 in Lititz,Ponnsylvania, at ivbioh a quorum was present and acting'throughout and by a Written Consent of Sole Shareholder, dated .May `28,`20U8, ,duly execufed ;by SBI, the.sole shareholder of Commomveallh of Pennsylvania AR'rtCt.ES OF 1NERCEk•aUSINESS 1d Fagots) �DBt; T to AN I���IIIIII� IIII�IIINIIII��HII( INB�i�ll�i ,zs roaseeeaota tY rW TA r�i L:l.t't s1.n'`8,A COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF STATE October 24,2008 TO ALL WHOM!THESE PRESENTS SHALL COME, GREETING: I DO HEREBY CERTIFY, That from an examination of the indices and Records of this Department, it appears that on October 10, 2008, Articles of Merger were filed pursuant to the laws of the Commonwealth of Pennsylvania, whereby, SUSQUEHANNA BANK DV,a Pennsylvania Bank&Trust Company, Organized June 10, 2D04,SUSQUEHANNA BANK, a Maryland Bank and Trust company, organized March 15, 1989 merged Into and with SUSQUEHANNA BANK PA,a Pennsylvania Bank and Trust company, organized March 18, 1982 which was the surviving organization to the merger. 1 DO FURTHER CERTIFY, That SUSQUEHANNA BANK PA changed Its name by virtue of Articles of Merger on October 10,2008 to SUSQUEHANNA BANK. t� IN TESTIMONY WHEREOF, 1 have hereunto set my hand and caused the Seat of the Secretary's US Office to be affoced, the day and year above written. Secretary of the Commonwealth OCT. 23. 2008 12:26PM DEPT OF STATE CORP BUREAU X10. 9175 P. 4 Susquehanna Bank PA,with all notice in regard to such shareholder action being waived by such sole shareholder. Ft MTH: The Ames and addresses(city and state)of the first directors of the resulting institution are: Director: Address: Anthony 1.Agnvne,Sr. Hunt Valley,Maryland Wayne E.Alter,Jr. Nagerst0ft,Maryland Michael Capizola Buena,New jersey Eddie L,Dw*lebarger 'fork,Pennsylvania Henry R.Gibbet Lititz,Pennsylvania Bruce A.Hepbum Lancaster,Permsylvania Donald L.Hoffman Hagerstown,Maryland, James R.Holley Nw Freedom,Pennsylvania William L Jones llf Pottsville,Pennsylvania Sara G.Kirkland Lewisbwg,Pennsylvania Russell J.XUnkel Reading,Pennsylvauia Gruy W.Nat,Jr. W'aynedboro,Pennsylvania Michael A.Morello Longboat K.ey,Florida 13.Susan Piersol Mttllim Hill,New Jersey Michael M.Quick Haddonfield,New Jersey William 1.Treater Lititz,Pennsylvania BarryP.Ronan Cumberland,Maryland M.Zev Rose Chwy Hill,NW Jersoy James A.(lish Millersburg,Peamylvania Don M.White Mount Joy,Pennsylvania Roger V.Wiest,sr. Sunbury,Pennsylvania W—TH: The merger will not result in any Wtndment of the articles of the resulting institution. FI:The merger shall become effective at 11:59 PM on October 10,200$. SBS : Attached hereto and ms8e s part her4*f is a true copy of the Agreement and Plan of Merger,dated as of May 28,20M, by and among Susquehanna Bank DV,Susquehanna Maryland and Susquohanna Bat*PA providing for the merger. ABUbl =s3.4 2 OCT. 23, 2608 12:27PM DEPT OF STATE CORP BUREAU NO,.9175 P, 7 IN SSS WRMOF,w0 have hmmuto set ourhands and the seals of our raspectiva iWitutions this MAY of October,2008. SUQUEHANNA BANK PA SOS A IAV By. By: Names N= . s .Lizza Title; Tia . Sep t and Ck 0 C By mue: Name: AGebele Follwk Title: Title: Sz.Pxec.'VP' SUSQUEIIAMA BANK By. Name: Title: By: . 1Naame: Title: r nB1/61790QSIA , OCT, 2;. 2008 12:27PM —DEPT OF STATE CORP 'SUREAU NO. 9175 P. 6 IN WITNESS VMMOF,we have hereunto set our hands and the seals of our re*eative institutions tbiskl'tlay of October,2008, SUSQUEHANNA BANK PA SUSQUEUANNA BANK bV By: By: Name: Name: Title: Title: By: By: Name: Narue: Title: Title: SUSQUEFRIANNA BA F- By: Dame: til E. Hm* Title:Pendent$CM By , Name: Titlo: Serd=Eii=dve Vice PAnIdsrt DB 1l617MS3R 3 OCT. 23. 2008 12:27PM DEPT OF STATE CORP BUREAU NO- 9175 P. 8 AGREEMENT AND PIAN OF MERGER This AGREEMENT ANO PLAN OF MERGER,dated as of May 28,2048(this"B, an Merger&Nernaf%pumant to the Pennsylvania Banking Code of 1965,as amended(the"?A gaming Coda")and the Financial Institutions Attiute of tho Annotated Code of Maryind,as amended(the IUD Banking Code"),is entered into by and among Susquehanna Batik PA,a bank and trust company organized under the PA Banking Code,having its principal office at 9 East Main Street,Lititz,Pennsylvania 17543,and branch ofllees at the locations specified in Schedule I hereto("Susqueharu2a Bank RA"1,Susquehanna Bank DV,a bank and trust company organized under the PA Banking Code having its principal office at 101 South Bryn Mawr Avenue,Bryn Mawr,Pennsylvania 19010,and branch offices at the locations specified in Schedule 2 hereto("SWguehmna 13awk DY),and Susquehanna Bank,a bank and t ust company organized under the MD Banking Code,having its principal office at 59 West Washington Street,Hagerstown,Maryland 21741,and branch offices at the locations specified in So edule 3 hereto(""Usquehann@ Matwland"). WHEREAS,the board of directors of Susquehanna Bank PA,Susquehanna Bank DV and Susquehanna Maryland have deteFmined that it is in the best interests of their respeotive obmpanies and shareholder that Susquehanna Baal:.0V and Susquehanna Maryland merge with and into Susquehanna Bank PA,in accordance with this Agreement and ft applicable provisions of the PA Banking Code and the MD Banking Code(tho"gPer"); W11MAS,Susquebanna Bancshares,Inc.,a Pennsylvania corporation ftMin)and the sole shareholder of each of Susqueh=m Bank PA,Susquehanna Bank DV and Susquehanna Maryland,deems it desirable,upon the terms and subject to"the conditions herein stated,that Susquehanna Bank DV and Susquehanna Maryland be merged with and into SuKaebanna Bank PA and that Susquehanna Bank PA shall be the surviving oornpany fallowing the Merger;and WHEREAS,this Bank Merger Agreement is subject to the approval of Parent as the sole shareholder of each of Susquchanna Bank PA,Susquehanna Bank DV and Susquehanna Maryland by the affirmative vote of two-thirds of all the votes to be cast on the matter. NOW,'1 HEREFORE,inconsideration of the mutual covenamU,npresentadoris, wattantles and agreements contained herein,and intending to be legally bound hereby,the parties agree as follows: AIt1`YCI,E Y THE BANK IV MGER 1.1 De Bank YESg, The constituent entities to the Bank Merger(the"Consti et<t. Baal&')shall be Susquehanna Bank PA,Susquehanna Bank DV and Susquehanna Maryland, Subject to the terms and conditions of this Bank Merger Agreement,in accordance with Chapter 16 of the PA Ranldng Code and Title 3,Subtitle 7 ofthe NM Banking Code,at the Effective Time(as defined in Section 12 hereof},Susquehanna Bank DV and Susguehamia Maryland �•�Hrts9ZRs4.s OCT. 23. 2008 12:27PM DEPT OF STATE CORP BUREAU N0. 9175 P. 5 IN'QVnWMS WHMOF,we havelmouuto set ourbmds and the seals of aur respective insgtvticm tbisthay of October,2448, 8IJSQUEHANXA BANK PA SUSQUEHANNA BANK D V By y; By. Nam �N H. /t�c-Gr .�a'J Name: Title: ,.5,q.ic, .V� P, Title-. �y; , fit By: N �94m ff'f 1t92 c �Jl1 Name: Title:. 4;v� A Title; 5USQXMBANNA.BANK By: Name: Tale: By. Name: Title: DBtl6t7904534 3 OCT. 23. 2008 12:'27PM DEPT OF STATE CORP 'BUREAU NO. 9175 P. 9 shall merge with and into Susquehanna Bank PA,Susquehanna Bank PA shall be the surviving entity(sometimes referred to herein as the"Receiving Bank')of the Bank Merger and shall continue its existence as a Pennsylvania state chartered bank and trust company following consummation of the Bask Merger.Upon constunmation of the Barak Merger,the separate existences of each of Susquehanna Bank DV and Susquehanna Maryland stall cease. i 12 Effectiye.Time. Subject to the provisions ofthis Bank Merger Agreement and subject to the receipt of approval of the Department ofBanldng(the"j)epgttrnent ofBanking') of the Commonwealth of Pennsylvania(for which approval the parties shall duly apply promptly following the execution and delivery hereof),articles of merger for the Bank Merger complying with the PA Banking Code(the"Articles orMeraer")and a certificate of merger for the Bank Merger complying with the MD Banking Code(the"certificate of Merger")shall be duly prepared,executed and delivered for filing with the Department of State of the Commonwealth of Pennsylvania(th.PTA Devarfinent o tate)and the Maryland State Department of Assessments and Taxation("ND D9panment of State).The Bank Merger shall become effective(such time,the"Bffective Time')on such day and at such time as the Articles of Merger and the approval of the Pennsylvania Department of Banking are filed by the PA i Department of State and the Certificate of Merger is filed by the MD Department of State or at such later time as may be specified in the Articles of Merger and Cerdficate of Merger. 1.3 Effects offt jank Merge-r At and after the Effective Time,the Bank Merger shall have the effects provided herein and as set forth in the applicable provisions of the PA • Banking Code and the NO Banking Code.Without limiting the generality of the foregoing and subject thereto,all the property,rights,privileges,powers and franchises of Susquehanna Bask D. V.Susquehanna Maryland and Susquehanna Bank PA shall vest in the Receiving Bank,and all ebts,liabilities,obligations,restrictions,disabilities and duties of Susquehanna Bank DV, Susquehanna Maryland and Susquehanna Bank PA shall become the debts,liabilities, R# obligations;restrictions,disabilities.and duties of the Receiving Bank. 1.4 Mcles of lncorgoration. At the Effective Time,the Articles of.Incorporatiort of Susquehanna Bank PA,as in effect immediately prior to the Effective Time,shall be the Articles of Incorporation of the Receiving.Bank,until thereafter amended in accordance with applicable law and such Articles of Incorporation. 1.5 11ylaws, At the Effective Time,We Bylaws of Susquehanna Bank PA,as in effect immediately prior to the Bffective Time,shall be the Bylaws of the Receiving Bank until thereafter amended in accordance with applicable law,the Articles of Incorporation of the Receiving Bank and such Bylaws. i 1;6 Name. At the Effective Time,the name of the Receiving Bank shall be "Susquehanna Bank,"until thereafter amended in accordance with applicable law and the ;Articles of Incorporation of the Receiving Bank. # .1.7 Capital Stock From and after the Effective Time,the total number of shares and the par value of each class of stock that the Receiving Bank shall be authorized to issue shall be 1•i�H/28928943 OCT. 23. 2008 12:'28NA DEPT OF STATE CORP BUREAU NO, 9175 P. 10 2,000,000 shares of common stock,par value$5.00 per share,until thereafter amended in accordance with applicable law and the Articles of Incorporation of the Receiving Bank. 1.3 0 vers. At the Effective Time,the initial officers of the Receiving Bank shall be the individuals set forth on Schedule 4 hereto and each such officer of the Receiving Bank from and after the Effeotive Time shall hold office at the pleasure of the Board of Directors of the Receiving Bank,subject to his or her rights under any contract with the Receiving Bank or either Constituent Bank to which such officer maybe a party, 1.9 Directors. At the Effective Time,the initial directors of the Receiving Bank shall be the individuals set forth on Schedule 5 hereto. Each such initial director shall hold office in accordance with the Articles of Incorporation and Bylaws of the Receiving Bank until their respective successors are duly elected or appointed and qualified 1.10 Main Office and Branch Offices. At the Effective Time,the main office of the Receiving Bank shall be located at 9 East Main Street,Lititz,Pennsylvania 17543,and branch offices of the Receiving Plank shall be at the locations specified in Schedule 6 hereto. 1,11 Governing Law. This Bank Merger Agreement shall be governed by and construed in accordance with the laws of the,Commonwealth of Pennsylvania,without regard to any applicable principles of conflicts of law, .ARTICLE IT CANCELLATION OF SHARES At the Effective Time,each outstanding share of Susquehanna Bank DV common stock then outstanding and each share of Susquehanna Maryland common stock then outstanding will be cancelled. No shares of common stock,preferred stock,capital notes or other securities of Susquehanna Bank PA will be issued,nor any other consideration paid,on account of the Susquehanna Bank DV common stock or the Susquehanna Maryland common stock. ARTICLE III TERMINATION This Bank Merger Agreement.may be amended or terminated at any time on or before the Effective Time by agreement of Susquehanna Bank PA, Susquehanna Bank DV and Susquehanna Maryland. [SIVATURE PAGE FOLLOWS] u-ruu=2394.5 3 OCT. 23. 2008 12:28PM DEPT OF STATE CORP BUREAU NO. 4175 P, 11 IN WITNESS WHEREOF,Susquehanna Bank PA,Susquehanna Hank DV and • Susquehanna Marylmid have each caused this Bank Merger Agreement to be oxeouted by their duly authorized officers as of the day and year first above written. SUSQUEHANNA BANK PA • 13y: Z/Z& Mame: Eddie L,Uunklebarger Title: President and Chief Executive Officer i $Uposh ASK DV r By' Naza Chief Executive ficer • SUSQUEHANNA HANK r Narn : ames G.Pierne • Title: Chief Executive Officer 0 0 • 1•PHh89Z8943 OCT, 23. 2008 12:28PM DEPT OF STATE CORP BUREAU NO. 9175 P. 12 APPro'W is hereby granted bylhe Pennnsylvania,Depsrtrnent of Banking for the Merger of SUSQtMHANNA BANK DY,Bryn Mawr,Pennsylvania,and SUSQUEHANNA BANK Hagerfitowa,Mayland,with and into SUSQumIANNA BAND PA,Lititz,Pennsylvania,with the resulting institution continuing under the name"SUSQUEHANNA BANK,".this loth day of October,AA 2008,to be el&ctive as of 11:69 p.m.ou October 10,2008. ictoria A.Reider Executive Deputy Secretary of Banking OCT. 23. 2008 12.28PM DEPT OF STATE CORP BUREAU NO. 9175 P. 13 Pennsylvania WAA TRENT Qf 9jLNgj fG N+m RXEr SOWRL PLATA 117 N SECOND SPREE r:3n'O1-1 HARRJSWRG.PA 17101 p"17787.266$Fw7i7-7&7•977E wMwW.banldn7.6fale4a.us octtaber 10,2004 717-753.2256 'tats.Joy Drake,Chief DuSivasa Pfau msing Division C01-PU atioa Bure:ltl DEPARTM$t l'T OF STATE 203 NOT111 Office BUJIding Hartisburg PA. 17105-9722 t"ew rkrticlesOfMrgerltetaYaenSIISQ47E8riNA�BAIYIiPA,Litit�,Peansluanla, SUSQUIMANNA RANK DY,Bryn Mawr,Psansylvania,21td SUSQ'U 4NNA BANK, Hngaystovm,Maryland yt. � 4J Dear Ms.Drslro: tr Purst:aat TO CIIAN t 16 ofthe Pennspivaitin BanWwg Code of 1965,we ere delivering herewith the subject Articles of Mergar with written approval of the Dapartmant of'Bm*jng endorsed Thereon. W6 havc aaneludod lha required Investigation and other studies Incident to the merger and find that the rgtltrvrnants of Jnry haft been cempt od with f�11y. In addition,woe haus been advised that ail l►�a ms aryl a appt4vals have ioeen isfticct By the Federal RGSCrve Bank of Fbiladclphia anti the State of ryllrnd. [ale request that the bpMcttt of State record th6 Articles afMerger sad tike tho necessary steps to Issuc the Certificate ofMerget to be cfkectfve$s of 11;59 p,tn,tap October 10,2008 no Certificate ofMerger should be MT To KAthleeu W-Collins,R$quire,Morgan LmIs&13oekltrs LLP,I"I Market&net,l'blladelphia,Peal75yivulft 19it03. Attaehed is achcck in the amount afS190-Da,which represent$the Ttauired filingfec. Aic'toa A.t;cidar Exeecutivq Dppury Secretary of Banking VARJSB.f sb Enclosures CC: Kathleen W,Collins,Esquire,Morgan,Lowis&Bockius LLP Lisa Cavage,Esquire,Susquehanna Bancshares,Inc. William L.Gaunt,Assistant VI=presides L pederal Redo ve Sank of philadctphla Mint&A.Ryan,A,ssist;mtCcmmissidncr,Maryixnd office ofrinanaial Regulation Stavap M.COMMA,CoQnr ,LWoner,]tiewJ'ersey Nparurumt of Bankiag and Insurance &ata M.Cline,Acting Commissioner,West;Virginia Divition ofl3at*jng i i OCT.23- 2008 12:'25PM DEPT OF STATE CORP BUREAU MO. 9175 P. '1 COMMONWEALTH OF PENNSYLVANIA IMPARTMENT Oi`STATE CORPORATION 13MZEAYJ FAX#717-783.2244 FACSII ME COVEI.t SHEEP ATTENTION: AGENCY;TO FAX pATFj; 1 ll `3 p - -TIME: FROM: �Q5 NO.OF PAGES INCLUDING COVER: PHONE#: ' MESSAGE: The information contained in this fax is intended only for the use of the individual or entity named on-this transmrsvion sheet. If you are not the intended recipient,you are hereby notified that-any disclosure, copying, distribution or the taking of any action in reliance on the contents of this telecopied information is strictly prohibited atid-that the cicc t=. should be returned to the Department of State immediately. In-this regards if you have received this telecopy in error,please notify us by telephone. '(71171-787-1057)immediately. Thank you. - For detailed information about services offered by.the Corporation Bureau, Please visit our web site at: M=.dos.state.pa.us/corns. OCT. 23. 2008 12:26PM DEPT OF STATE CORP BUREAU SIO, 9175 P. 2 COMMONI-ALTH OF PENNSYLAIAN A DEPARTMENT OF STA'TB CORPORATION BUREAU 206 NORM OFFI08 BUILDING P.O.BOX 8722 HARRISBURG,PA 17105-8722 W–WW.CQR—PORA TTPNS S TA.M.PA US! ORP SUSQUEHANNA BANK THE CORPORATION 1aUREAU IS HAPPY TO SEND YOU YOUR FILED DOCUMENT, THE CORPORATION BUREAU IS HERE TO SERVE YOU ANIS WAFTS TO'THANK YOU FOR DOING BUSMSS IN PENNSYLVANIA. IF YOU HAVE ANY QUES71ONS PERTAINING TO THC CORPORATION BUREAU,PLEASE VISIT OUR WE13 SrM LOCATED AT W3YW CORPORATYDNS,SS rA"TE PA IIVCgm Op,PLEASE CALL OUR MAIN INFORMATION TCX EFHONE NUMBER(717)787-1OS7. FOR ADDITIONAL INPORMATION RrOARDINO BUSINESS AND t OR UCC PILINGS,PLEASE VISIT OUR OXWME"SEARCHABLE DATABASE"LOCATED ON OUR WEB SITE. ENTITY NUMMER 745319 Morgan Lewis&Bockius LLP 1701 Market St Pl idelphia PA 19103 Supertision,Regulation and Credit i Feder,il Reserve lank of Philadelphia F>rOERAL Ri SERvE BANK 'Ien Independence Mail OF PHILADELPHIA Philadelphia,PA 191066.1574 215-574-4146(fu) wmv-philadelphlafeti.o1�g' July 14,2008 Y-athleen W.Collins,Esquire MorM.Lewis&Bockius LLP 1111 Pennsylvania Avenue,NW Wasbington,D.C. 20004 Re: Application by Susquehanna Bank PA,Lititz,PA to merge with Susquehanna B Pryrt Maar,PA and Susquehanna$atilt, Hagerstown,MD,pursuant ank DV,to section 18(0)of the 'Federal Deposit Insurance Corporation Act Dear Ms.Collins: The Federal Reserve Bank of ftladelphia,having considered the relevant statutory factors, approves the subject application pursuant to Section 18(e)of the Federal beposit Insurance pet and; inciriPnt theretn,to estahlith branches pursuant to Sectieri 9 of the Federal Reserve Act The merger may not be consurmnated before the 30th calendar day or after three months from the date of flus tetter,unless such period is extended by the Federal ReserveS writing immediatel Ystcm. Please advise this office in y�n consummation ofthe transaction and rfanysignficant changes,tinanGcial or € otherwise,have taken place from the representations made in the application. In addition,the enclosed Report of Changes in Organizational Structure-FRY-10 should be submitted to the Firral3��ia1 Institution Structure Unit,Attention:Artia Benjamin,Struoturc Analyst, Department of Supervision.Regulation and Credit. Should you have any questions concerning this form,please contact Ms.Benjamin at(215)574.6407. Very tnily yours, William L.Gaunt Assistant Vice President c: Board of Governors Department of Justice Lisa M.Cavage,Senior Vice president,Secretary and Counsel,Susquehamta Bancshares,tnc. Adam Drimer,Assistant Vice Pre gident,Federal Reserve Hank of Richmond arsue arena Susquehanna Bank PA. 18450 Showalter Road Hagerstown,M0 21742-1383 Tel 888:722,7270 Fax 240.313.1563 November 18,:2004 Commonwealth of Pennsylvania Department of Transportation ,Bureau of Motor Vehicles Harrisburg, PA 17122 Dear Sirs: Please be advised that Farmers First Bank,24 N Cedar Street, Lititz; PA is now known as Susquehanna Bank PA effective November 8,2004. Attached is a copy a letter from the Deputy Secretary.of Banking for. Commonwealth of Pennsylvania, concerning the amendment to Article I reflecting the change in corporate title to "Susquehanna Bank PA". Please retain this docurrient on file,for future use, s, please feel free to contact me If you have any further question . Sincerely Yours, Susan E. Gift Support Specialist Susquehanna Bank PA 18450 Showalter Road H.agerstown, MD 21740 Phone 888-722-7270 ext 8124 LINDA F.WINKLER , . WTAtw P100-1-10 STATE OF MARYLAND County of Washington Atiy,ComHss 6h bore's June 1,2008 EXHIBIT 1i-08-o4 01:2TPM PR*Susquehanna Bancshares Inc. 717-628-0331 T-839 P.ou/042 F-00 COMMONWEALTM OF PENNSYLVANIA �ry.e C'`.�'`1?j A� DEPARTMENT OF MANKIND 332 MARKET STREET, 167M FLnaR HARRISBURG, PENNSYLVANIA 17101-2S11JO 13EPUTY 5ECAETARY OF ISANAINM November 5, 2004 'r Es.EP1413NC 717+8 IA-8343 Ms, Joy Drake, Chie` Business Processing Division Corporation Bureau Department of State 206 North Office Building P.O. Sox 872,2 Harrisburg, FA 17105-8722 Re: Articles of Amendment-- FAPMM FIRST BANK Lititz, Pennaylvania Dear Ms. Drake: Pursuant to section 1506 of rho Banking Code of 1965, we are delivering herewith the above-described Articles of Amendment with written approval of the Department of Banking endorsed thereon. The amendment to Article I reflects a change in corporate title to "Susquehanna Bank FA:" The investigation by the Depsrtmen'r, of Banking satisfies us that..the requirements of the Banking Code of 1965 have been Complied with fully. In accordance with your xequirements, we are enclosing a check for $70.00 to cover the filing fees. Please record these Articles of Amendment in the Departmeat of State. We will appreciate your taking the necessary steps to issuO the Certificate of Amendment to be effective on November S 2804. The Certiticate of Amendment is to be sent to James H. Fostaer, Esq_t Associate CouacLi, Susquw)has>na 9aneahaxes, 133c. , 26 North Cedar_ Street, P.C. Box 1000, Lititz PA 17543-7000. Sincerely, Ronald P. Wysochansky Deputy secretary of ranking RBW:RSE:kse Enclosures cc: aures H. Foster, Esq. chri�=og3�er 3. Spct31 .gg 1�Ai131 S 11 12 `` Tax Parcel No. THIS DEED MADE the .30 day of K/4AClel in the year nineteen hundred and ninety-nine (1999). BETWEEN EUGENE G. KIRSCH and JOYCE L. KIRSCH, hie wife, of the Borough of New Cumberland, Cumberland County, Pennsylvania, GRANTORS, parties of the first part, AND KEVINLEE E. KIRSCH of the Borough of New Cumberland, Cumberland County, Pennsylvania, GRANTEE, party of the second part. , WITNESSETH, That in consideration of ONE ($I.00) DOLLAR in hand paid, the receipt whereof is hereby acknowledged, the said grantors do hereby grant and convey to the said grantee, his heirs and assigns, ALL THAT CERTAIN piece or parcel of land situate in the Borough of New Cumberland, Cumberland County, Pennsylvania, as shown on planthereinafter mentioned, more particularly bounded and described as follows, to wit: BEGINNING at a.steel pin on the west side of Catherine Street, 160 feet mouth of East 16`" Street; thence South 49 degrees 24 minutes west 118.75 feet to a steel pin; thence south 40 degrees 27 minutes east, 84.9 feet to a steel pin; thence north 49 degrees 20 minutes east along the northern line of Lot No. 2 on plan hereinafter mentioned, 124.08 feet to a steel pin on the western line of Catherine Street; thence along the western line of Catherine Street north 44 degrees 3 minutes west, 84.98 feet to a steel pin, the place of BEGINNING. BEING Lot No. 1 on a plan of lots according to survey of J. H. Rife, Registered Engineer, dated June 6, 1955, and recorded in Deed Book 19-M, Page 385, Cumberland County Records. BEING the same premiums which George E. DeLallo and Elizabeth B. DeLallo, his wife, by their deed dated February 22, 1984 and recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania in Deed Book O-30, Page 545, granted and conveyed unto Eugene G. Kirsch and Joyce L. Kirsch, his wife, Grantors herein. This is a transfer from father and mother to son and in therefore exempt from realty transfer tax. BOOK 196 rave 747 EXHIBIT AND the said grantor will specially WARRANT AND FOREVER DEFEND the property hereby conveyed. Sealed and delivered in the presence of (SEAL) Eugene a.-kirsch (SEAL) Joyce L. Kirsch CERTIFICATE OF RESIDENCE I hereby certify that the precise residence of the grantee herein is as follows: 1514 Kathryn Street New Cumberland, PA 11010 Attdrney or Agent foantee Hoar. 196 PAGE 748 COMMONWEALTH OF PENNSYLVANIA ) SS. COUNTY OF DAUPHIN 1 On this se`" day of •TM a+-c�n 1999, before me, a Notary Public, the undersigned officer, personally appeared EUGENE O. KIRSCH and JOYCE L. KIRSCH, his wife, known to me for satisfactorily proven) to be the persons whose names are subscribed to the within instrument, and acknowledged that they executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. Notary Public My Commission Expires: ' i 0,lFLL_I..,b1ODUOK,Wcbryh: c an]apt.�{pL�:4 Cly O Han-j", Caun.Y f!�_a.�rNse:ni F.i*60 jun*17.ICRP ;p (:EGISTLt;EU OY T;;: `•'-' .-){P,nnsYiyanfe rnmberfendJ ingofDeeds ± TM LL"fit :.n 1h.'ollies for the record County:�'` for berlend t.aok a 1w.Vof.-sGpage C� and and )of off, of 19 } ., IrY hdaY ecord BOOK 196 PACE 749 LOANNO. 01-498578-70 ADJUSTABLE RATE NOTE (3 Year Treasury Index--Rate COPS) THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE AND MY MONTHLY PAYMENT'. THIS NOTE LIMITS THE AMOUNT MY INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE I MUST PAY. April 30. 1999 LITITZ Pennsylvania [Date] [City] [State] 1514 KATHRYN STREET, NEN CUHBERLAND, PA 17070 [Property Address] 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received,I promise to pay U.S.$9 0. 0 0 0.0 0 (this amount Is called "principal"),plus interest,to the order of the Lender. The Lender is F A R H E R s F I R S T B A N K, A CORPORATION I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who Is entitled to receive payments under this Note is called the"Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of principal has been paid. I will pay Interest at a yearly rate of s .9 5 0 0 %. The Interest rate I will pay will change in accordance with Section 4 of this Note. The Interest rate required by this Section 2 and Section 4 of this Note Is the rate I will pay both before and after any default described in Section 7(B)of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and Interest by making payments every month. I will make my monthly payments on the first day of each month beginning on J u 1 y i , 19 9 9 1 will make these payments every month until I have paid all of the principal and Interest and any other charges described below that I may owe under this Note. My monthly payments will be applied to Interest before principal. if,on J u n e 1 . 2 0 2 4 1 still owe amounts under this Note,I will pay those amounts in full on that date,which is called the"maturity date." I will make my monthly payments at 24 NORTH CEDAR ST . . L I T I T Z. PA 1 7 5 4 3-7 0 0 0 ,or at a different place If required by the Note Holder. (B) Amount of My Initial Monthly Payments Each of my Initial monthly payments will be In the amount of U.S.$s 3 3 . 2 3 This amount may change. (C) Monthly Payment Changes Changes in my monthly payment will reflect changes in the unpaid principal of my loan and In the Interest rate that I must pay. The Note Holder will determine my new interest rate and the changed amount of my monthly payment in accordance with Section 4 of this Note. 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The Interest rate I will pay may change on the first day of June. 2 0 0 2 ,and on that day every 36th month thereafter. Each date on which my interest rate could change Is called a"Change Date." (B) The index Beginning with the first Change Date,my interest rate will be based on an Index. The"Index"Is the weekly average yield on United States Treasury securities adjusted to a constant maturity of 3 years,as made available by the Federal Reserve Board. The most recent Index figure available as of the date 45 days before each Change Date Is called the "Current Index." MULTISTATE ADJUSTABLE RATE NOTE-3 YEAR ARM—Single Family—FNMA/FHLMO Uniform Instrument Form 3504 7/88 ISO/CNOT""/O592/3504(07-88)-L PAGE 1 OF 4 EXHIBIT JANNO. 01-498576-70 If the Index is no longer avallable,the Note Holder will choose a new Index which is based upon comparable Information. The Note Holder will give me notice of this choice. (C) Calculation of Changes Before each Change Date,the Note Holder will calculate my new interest rate by adding Two and Three / quarters percentage points( 2 . 7 5 0 0 %)to the Current Index. The Note Holder will then round the result of this addition to the nearest one-eighth of one percentage point(0.125%). Subject to the limits stated in Section 4(D)below,this rounded amount will be my new interest rate until the next Change Date. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date in full on the maturity date at my now interest rate In substantially equal payments. The result of this calculation will be the new amount of my monthly payment. (D) Limits on Interest Rate Changes The interest rate I am required to pay at the first Change Date will not be greater than 8. 9 5 o o %or less than 4 .s 5 0 0 %. Thereafter,my interest rate will never be increased or decreased on any single Change Date by more than two percentage points(2.0%)from the rate of Interest I have been paying for the preceding 36 months. My Interest rate will never be greater than 1 2 .9 5 0 0 %. (E) Effective Date of Changes My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (F) Notice of Changes The Note Holder will deliver or mail to me a notice of any changes in my interest rate and the amount of my monthly payment before the effective date of any change. The notice will include information required by law to be given me and also the title and telephone number of a person who will answer any question 1 may have regarding the notice. S. BORROWER'S RIGHT TO PREPAY I have the right to make payments of principal at any time before they are due. A payment of principal only is known as a°prepayment." When I make a prepayment,I will jell the Note Holder in writing that I am doing so. I may make a full prepayment or partial prepayments without paying any prepayment charge. The Note Holder will use all of my prepayments to reduce the amount of principal that I owe under this Note. If I make a partial prepayment, there will be no changes in the due dates of my monthly payments unless the Note Holder agrees in writing to those changes. My partial prepayment may reduce the amount of my monthly payments after the first Change Date following my partial prepayment. However,any reduction due to my partial prepayment may be offset by an Interest rate increase. 6. LOAN CHARGES if a law,which applies to this loan and which sets maximum loan charges,Is finally Interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits,then:(1)any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit;and(ii)any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the principal 1 owe under this Note or by making a direct payment to me. If a refund reduces principal,the reduction will be treated as a partial prepayment. 7. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charges for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days after the date it is due,f will pay a late charge to the Note Holder.The amount of the charge wHI be 5.0000 %of my overdue payment of principal and Interest. I will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay the full amount of each monthly payment on the date it is due,I will be in default. MULTISTATE ADJUSTABLE RATE NOTE-3 YEAR ARM—Single Family—FNMA/FHLMC Uniform Instrument Form 3504 7/88 ISC/CNOT—/0592/3504(07.88)-L PAGE 2 OF 4 JANNO. 01-498518-70 (C) Notice of Default If I am in default,the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date,the Note Holder may require me to pay Immediately the full amount of principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice Is delivered or mailed to me. (D) No Waiver By Note Holder Even if,at a time when I am in default,the Note Holder does not require me to pay Immediately in full as described above,the Note Holder will still have the right to do so ff 1 am In default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above,the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include,forexample,reasonable attomeys'fees. 8. GIVING OF NOTICES Unless applicable law requires a different method,any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address If 1 give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mail to the Note Holder at the address stated in Section 3(A)above or at a different address If I am given a notice of that different address. S. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note,each person is fully and personally obligated to keep all of the promises made in this Note,including the Promise to pay the full amount owed. Any person who is a guarantor,surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations,Including the obligations of a guarantor,surety or endorser of this Note,is also obligated to keep all of the promises made In this Note. The Note Holder may enforce its rights under this Note against each person Individually or against all of us together. This means that anyone of us maybe required to pay all of the amounts owed under this Note. 10. WAIVERS I and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment"means the right to require the Note Holder to demand payment of amounts due. "Notice of dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 11. UNIFORM SECURED NOTE This Note is a uniform Instrument with limited variations in some Jurisdictions. In addition to the protections given to the Note Holder under this Note,a Mortgage,Deed of Trust or Security Deed(the"Security instrument"),dated the same date as this Note,protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any Interest in it Is sold or transferred(or If a beneficial Interest in Borrower Is sold or transferred and Borrower is not a natural person)without Lender's prior written consent,Lender may,at its option,require immediate payment in full of all sums secured by this Security Instrument. However,this option shall not be exercised by Lender If exercise is prohibited by federal law as of the date of this Security Instrument Lender also shall not exercise this option ff:(a)Borrower causes to be submitted to Lender information required by Lender to evaluate the Intended transferee as If a new loan were being made to the transferee;and(b)Lender reasonably determines that Lenders security will not be Impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable to Lender. To the extent permitted by applicable law,Lender may charge a reasonable fee as a condition to Lender's consent to the loan assumption. Lender may also require the transferee to sign an assumption agreement that Is acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the Note and in this Security Instrument. Borrower will continue to be obligated under the Note and this Security Instrument unless Lender releases Borrower in writing. MULTISTATE ADJUSTABLE RATE NOTE-3 YEAR ARM-Single Family-FNMA/FHWC Uniform Instrument Form 3504 7/88 ISG/CNOT"/0592/3504(07-88)-L PAGE 3 OF 4 )ANNO. 01-498516-10 If Lender exercises the option to require Immediate payment in full,Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fags 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. WITNESS THE HAND(S)AND SEAL(S)OF THE UNDERSIGNED. • C 7 1 (SW) Boriowe K V I N L E E E . K I R S C H Borrower al Bono e) -Borrower (Sign Original OnW MULTISTATE ADJUSTABLE RATE NOTE-3 YEAR ARM-Single FaPmAGE NOMA/FHLMC Uniform Instrument ran Fo3504 7/68 ISC/CNOT-/0592/3504(07-88}L r� Susquehanna Bank CERTIFIED MAIL 917199 9991 7030 4484 6367 Date: September 5,2014 TO: Kevinlee E Kirsch ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FRONT FORECLOSURE This is an official notice that the mortgage on your 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 EMERGENCYMORTGA GE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help,you must MEET WITHA 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 your County are listed at the end of this Notice. If you have ally questions,you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired !tearing 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 may be able to help you find a lawyer. LA NOTIFICACIO'N EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRE NDE EL CONTENIDO DE ESTA NOTIFICACIO'N OBTENGA UNA TRADUCCIO'N INMEDIATAMENTE LLAMANDO ESTA AGENCIA(PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRE'STAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. 2459591-1 EXHIBIT CONFIDENTIAL HOMEOWNER'S NAME(S): Kevinlee E Kirsch PROPERTY ADDRESS: 1514 Kathryn Street,New Cumberland, PA 17070-1155 LOAN ACCT.NO.: XX857670 ORIGINAL LENDER: Farmers First Bank CURRENT LENDER/SERVICER: Susquehanna Bank CONTACT PERSON: Deborah PHONE NUMBER: 888-722-7270 Ext. 27222 E-MAIL ADDRESS: LoanCtr-Collections@susquehanna.net HOMEO'WNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MA Y BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SA VE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE 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 STA Y 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 THIS NOTICE. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOUMUST 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 counseling agencies for the county in which the property 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 ofyour intentions. 2459591-1 CONFIDENTIAL APPLICATION FOR MOR TGA GE 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 f ll out, sign and file a completed Homeowner's Emergency Assistance Program Application with one ofthe 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 ofyour face-to face meeting with the counseling agency. YOU SHOULD FILE A HEMAP APPLICA TION AS SOONAS POSSIBLE. IF YOU HA VE A MEETING WITH COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DA YS 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." YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS.A LA TEAPPLICA TION 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. AGENCYACTION-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 YO U ARE CURRENTL Y PROTECTED B Y THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS ANA TTEMPT TO COLLECT THE DEBT. (If you/save filed bankruptcy you can still apply for Emergency Mortgage Assistance.) 2459591-1 CONFIDENTIAL 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: 1514 Kathryn Street,New Cumberland, PA 17070-1155 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: July 1,2014 thru September 1,2014 Principal Amount Due: $ 1,044.45 Interest Amount Due: $450.99 Attorney Fees: $ 0.00 Appraisal Fees: $ 0.00 Title Search: $0.00 Force Placed Insurance: $ 0.00 Escrow: $ 814.53 Other Charges: $ 0.00 Late Charges: $ 75.26 TOTAL AMOUNT PAST DUE: $2,385.23 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION: (Do not use if not applicable.) HOW TO CURE THE DEFAULT--You may ewe the default within THIRTY(30)DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $2,385.23 , 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 and sent to: Susquehanna Bank C/o Susquehanna Loan Center P.O. Box 639 Maugansville,MD 21767-0639 You can cure any other default by taking the following action within THIRTY(30)DAYS of the date of this Ietter: (Do not use if not applicable.) 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 2459591-1 CONFIDENTIAL 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. IF THE 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 attorneys' 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 period,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 THIRTY (30)DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so by paying 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 any other 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 4 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: Susquehanna Bank Address: CIO Susquehanna Loan Center,P.O.Box 639,Maugansville,MD 21767-0639 Phone Number: 888-722-7270 ext.27222 Fax Number: 240-313-1563 Contact Person: Deborah E-Mail Address: LoanCtr-Collectionsnasusquehanna.net 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 Sheriff's Sale, 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 not sell or transfer your home to a buyer or transferee who will assume the mortgage debt,provided that all the outstanding payments,charges 2459591-1 CONFIDENTIAL r y and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. 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. (Rev.9/2008) CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY ATTACHED 2459591-1 CONFIDENTIAL UNITED STATES POSTAL SERVICE - 1'1 ell L,—tv-- Date: September 26, 2014 christina grove: The following is in response to your September 26, 2014 request for delivery information on your Certified MailTm item number 9171999991703044846367. The delivery record shows that this item was delivered on September 9, 2014 at 2:21 pm in NEW CUMBERLAND, PA 17070. The scanned image of the recipient information is provided below. Signature of Recipient : , —1- :��" ed Address of Recipient : VY Thank you for selecting the Postal Service for your mailing needs. If you require additional assistance, please contact your local Post Office or postal representative. Sincerely, United States Postal Service U.S.POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL,DOES NOT PROVIDE FOR IN" Susquehanna Bank — r Received Fro: 14 Attn: Collections : PO Box 639 Maugansville, MD 21767-0639 c n oro One piece of rd'n mail addressed to: -------laiin �[ !�!� /707-0 -' o �, m m < //mss N CA) o PS/Form 3817,January 2001 a :p Donald L. Kornfield, Esq. Atty I.D. #19242 t t i ,{{r { Andrew J. Benchoff, Esq. .frC, Atty I.D. #89159 ' Kornfield and Benchoff, LLP 100 Walnut Streeter'`' r` ,k` ` ;.1{ti`} Waynesboro, PA 17268 (717) 762-8222 FAX 762-6544 SUSQUEHANNA BANK successor in IN THE COURT OF COMMON PLEAS OF interest to SUSQUEHANNA BANK PA THE 9TH JUDICIAL DISTRICT,PA. successor in interest to FARMERS FIRST BANK Plaintiff CUMBERLAND COUNTY VS. CIVIL ACTION—LA KEVINLEE E.KIRSCH ` up ) 1 nvt( Defendant (� NON-MILITARY AFFIDAVIT The undersigned verifies that as of the filing of this affidavit, Defendant is not in the military or naval service based on the following facts: Age of Defendant: 53 Last known place of employment: Kirsch Printing Present place of residence: 1514 Kathryn Street,New Cumberland, PA The statements set forth in this affidavit are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. KOMEELZB )OFF, LLP By ald L. o iel Andrew J. tvnchoff Attorney for Plaintiff Date: November 13, 2014 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY THE PROTHONO 014DEC 15 PH 3- 23 CUMBERLAND COUNTY PENNSYLVANIA Susquehanna Bank successor in interest to Susquehanna Bank PA successo vs. Kevinlee E Kirsch Case Number 2014-6721 SHERIFF'S RETURN OF SERVICE 12/09/2014 04:07 PM - Deputy Christopher Sharpe, being duly sworn according to law, served the requested Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be Paula Kirsch, Daughter, who accepted as "Adult Person in Charge" for Kevinlee E Kirsch at 1514 Kathryn Street, New Cumberland Borough, New Cumberland, PA 17070. SHERIFF COST: $47.21 SO ANSWERS, December 10, 2014 RONNY R ANDERSON, SHERIFF (c) CountySuite Sheriff, Teleosoft, Inc. Donald L. Kornfield, Esq. Atty I.D. #19242 Andrew J. Benchoff, Esq. Atty I.D. #89159 Kornfield and Benchoff, LLP 100 Walnut Street Waynesboro, PA 17268 (717) 762-8222 FAX 762-6544 SUSQUEHANNA BANK successor in : IN THE COURT OF COMMON PLEAS OF interest to SUSQUEHANNA BANK PA : THE 9TH JUDICIAL DISTRICT, PA. successor in interest to FARMERS FIRST BANK Plaintiff : CUMBERLAND COUNTY vs. : CIVIL ACTION — LAW KEVINLEE E. KIRSCH Defendant : #14-6721 Civil PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT To the Prothonotary: Enter judgment in mortgage foreclosure in the monetary sum of $51,246.96 together with costs and interest at the contract rate after judgment in the above -captioned matter in favor of Plaintiff and against Defendant by default for failing to plead within the required time to the complaint which was endorsed with the proper notice to plead. KORNFIELD AND By Date: January 12, 2015 B ' CHOFF, LP Do al'L.K A dr J. B Attorney for Plaintiff rnfield choff au} s\� �aa Q� C�'� � � Donald L. Kornfield, Esq. Atty I.D. #19242 Andrew J. Benchoff, Esq. Atty I.D. #89159 Kornfield and Benchoff, LLP 100 Walnut Street Waynesboro, PA 17268 (717) 762-8222 FAX 762-6544 SUSQUEHANNA BANK successor in interest to SUSQUEHANNA BANK PA successor in interest to FARMERS FIRST BANK Plaintiff vs. KEVINLEE E. KIRSCH Defendant : IN THE COURT OF COMMON PLEAS OF : THE 9TH JUDICIAL DISTRICT, PA. : CUMBERLAND COUNTY : CIVIL ACTION — LAW : #14-6721 Civil AFFIDAVIT OF SERVICE I hereby certify that pursuant to Rule 237.1 of Pennsylvania R.C.P., I have given the requisite notice of entry of default judgment of ten days and that the filing of a praecipe for a default judgment is offered to the Prothonotary more than ten days after the mailing of the aforesaid notice to Defendant in the above -captioned matter. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. KORNFIELD AND BENCHO By Don An Attorn Kornfi . Bench y for Plaint Donald L. Atty I.D. Andrew J. Atty I.D. Kornfield Kornfield, Esq. #19242 Benchoff, Esq. #89159 and Benchoff, LLP 100 Walnut Street Waynesboro, PA 17268 (717) 762-8222 FAX 762-6544 SUSQUEHANNA BANK successor in interest to SUSQUEHANNA BANK PA successor in interest to FARMERS FIRST BANK Plaintiff VS. KEVINLEE E. -KIRSCH Defendant TO: Kevinlee E. Kirsch DATE: December 30, 2014 : IN THE COURT OF COMMON PLEAS OF : THE 9TH JUDICIAL DISTRICT, PA. • : CUMBERLAND COUNTY : CIVIL ACTION — LAW : #14-6721 Civil IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR:- DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU' CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle; PA 17013 Telephone Number: 717-249-3166, 800-990-9108 „ PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. KORNFIELD AN OFF, LLP onald L. Kornfield Andrew J. Benchoff Attorney for Plaintiff