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HomeMy WebLinkAbout15-0135 Supreme Ca,' air 3ennsylvani�a Cont` faCO nnIO leas For Prothonotary Use Only: ^ ; I&N It 1 1 ' £Re-et Docket No: County ' The information collected on this form is used solely for court administration purposes. This form does not supplement or replace thefiling and service ofpleadings or otherpapers as required by law or rules of court. Commencement of Action: S M Complaint ® Writ of Summons ® Petition ® Transfer from Another Jurisdiction 0 Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: CITIZENS BANK OF PENNSYLVANIA THOMAS R.VIEHMAN AND THE USA T Dollar Amount Requested: ®within arbitration limits I Are money damages requested? N Yes 0 No (check one) x{outside arbitration limits 0 N Is this a Class Action Suit? [3 Yes FRI No Is this an MDJAppeal? [3 Yes 0 No A Name of Plaintiff/Appellant's Attorney: Lauren Berschler Karl, Esquire 0 Check here if you have no attorney(are a Self-Represented [Pro Se) 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 inchide Judgments) CIVIL APPEALS 13 Intentional [3 Buyer Plaintiff Administrative Agencies ® Malicious Prosecution ® Debt Collection:Credit Card ® Board of Assessment n Motor Vehicle ® Debt Collection:Other ® Board of Elections ®Nuisance 0 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: Other: o MASS TORT ® Asbestos N ® Tobacco ® Toxic Tort-DES, Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS ® Toxic Waste ® Other: ® Ejectment ® Common Law/Statutory Arbitration ® Eminent Domain/Condemnation Declaratory Judgment Mi Ground Rent ®Mandamus ® Landlord/Tenant Dispute ®Non-Domestic Relations n Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY n Mortgage Foreclosure:Commercial ®Quo Warranto Q Dental [3 Partition ®Replevin Legal 0 Quiet Title 13 Other: n Medical r-il Other: ® Other Professional: Updated 11112011 THE LAW OFFICES OF LAUREN BERSCHLER KARL,LLC Lauren Berschler Karl,Esquire Identification No. 88209 Attorneys for Plaintiff 9800B McKnight Road, Suite 230 Pittsburgh,PA 15237 Phone: (412) 837-1164 Fax: (412) 837-2648 -- --------------------------------------------------------- CITIZENS BANK OF PENNSYLVANIA 10561 Telegraph Road COURT OF COMMON PLEAS Glen Allen,VA 23059 CUMBERLAND COUNTY r A Plaintiff, -� V. f 1 THOMAS R.VIEHMAN NO.: 917 East Coover Street l "' Mechanicsburg,PA 17055AND THE UNITED STATES OF AMERICA = c/o The United States Attorneys' Office s Harrisburg Federal Building and Courthouse 228 Walnut Street, Suite 220 Harrisburg,PA 17108-1754 Defendants. ----------------------------------------------------------- NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty(20)days after this complaint and notice are served,by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER,THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 1-800-990-9108 717-249-3166 q) A �I 31 THE LAW OFFICES OF LAUREN BERSCIILER KARL,LLC Lauren Berschler Karl,Esquire Identification No. 88209 Attorneys for Plaintiff 9800B McKnight Road, Suite 230 Pittsburgh,PA 15237 Phone: (412) 837-1164 Fax: (412) 837-2648 ----------------------------------------------------------- CITIZENS BANK OF PENNSYLVANIA 10561 Telegraph Road COURT OF COMMON PLEAS Glen Allen,VA 23059 CUMBERLAND COUNTY Plaintiff, V. THOMAS R.VIEHMAN NO.: 917 East Coover Street Mechanicsburg,PA 17055 AND THE UNITED STATES OF AMERICA c/o The United States Attorneys' Office Harrisburg Federal Building and Courthouse 228 Walnut Street, Suite 220 Harrisburg,PA 17108-1754 Defendants. ----------------------------------------------------------- COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff, Citizens Bank of Pennsylvania,by its attorneys,The Law Offices of Lauren Berschler Karl, LLC files the within Complaint in Mortgage Foreclosure and in support thereof represents as follows: 1. Plaintiff, Citizens Bank of Pennsylvania("Citizens"), is a state-chartered banking institution with an address of 10561 Telegraph Road, Glen Allen, VA 23059. 2. Defendant, Thomas R. Viehman,is an adult individual who is believed to reside at 917 East Coover Street,Mechanicsburg, PA 17055. 3. Defendant, Thomas R.Viehman, ("Defendant"), is the real owner of the Property located in Cumberland County at 917 East Coover Street, Mechanicsburg, PA 17055 (the "Property"). -2- 4. Defendant,the United States of America c/o the United States Attorney for the Middle District of Pennsylvania, is located at Harrisburg Federal Building and Courthouse 228 Walnut Street, Suite 220,Harrisburg, PA 17108-1754 and at the Office of the Attorney General at the U.S. Department of Justice-Civil Division, 950 Pennsylvania Avenue,NW, Washington, DC 20530-0001. 5. Defendant, the United States of America,is made a party defendant to this action due to a federal tax lien filed against the tax payer and Defendant, Thomas R. Viehman. 6. The Internal Revenue Service through the United States Department of Treasury filed a federal tax lien with the Court of Common Pleas of Cumberland County, on May 30, 2013, filed as Docket No. 13-3062-FTL, in the amount of$35,621.01. A true and correct copy of the Federal Tax Lien is attached hereto as Exhibit"A." 7. On March 9, 2004,Defendant, Thomas R. Vieliman, executed a Line of Credit Agreement, in the original principal amount of$152,000.00 (the"Note"). A true and correct copy of the Agreement is attached hereto as Exhibit`B." 8. The Note was secured by a mortgage granting a lien upon the Property(the "Second Mortgage"),made, executed and delivered to Citizens on March 9, 2004,by Defendant, Thomas R. Viehman, and duly recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania on March 31, 2004, in Mortgage Book 1859,page 0203. A true and correct copy of the Mortgage is attached hereto as Exhibit"C." 9. The Property subject to the Mortgage is described as set forth in Exhibit"D" which is attached hereto and incorporated herein by reference. 10. Monthly payments have not been tendered as required under the terms of the Note and Mortgage. -3- 11. The failure to make the monthly payments constitutes a default under the terms of the Note and Mortgage. 12. The Note and Mortgage is past due from October 2013. 13. Pursuant to the terms of the Note and Mortgage, the following amounts are currently due and owing to Citizens as of December 4, 2014: Principal $ 151,452.41 Accrued Interest (as of 12/04/14) 4,879.80 Late Charges 284.70 Title Reports 350.00 Attorneys' Fees 4,543.57 Attorneys' Costs 7.80 TOTAL $ 161,518.28 Interest continues to accrue at the per diem rate of$10.37. 14. On October 30, 2014,the combined Notice of Intention to Foreclose as set forth in the Homeowner's Emergency Mortgage Assistance Act, Act 91 of 1983, 35 P.S. C.S.A. §1680.401 and Act 6 of 1974, 41 Ps. 101, et seq., with respect to the Note and Mortgage was mailed to the Defendant, Thomas R. Viehman, as evidenced by the Certificates of Mailing attached hereto and incorporated herein as Exhibit"E." -4- WHEREFORE, Plaintiff, Citizens Bank of Pennsylvania, demands Judgment in Mortgage Foreclosure in its favor and against Defendant, Thomas R. Viehman, in the amount of$161,518.28,plus continuing late charges, interest at the per diem rate of$10.37, from December 4, 2014, and any and all additional attorneys' fees and costs and any other costs and charges collectible under the Note and Mortgage for the foreclosure and sale of the Property and against the United States of America in order to divest their federal tax lien in the amount of$35,621.01. Respectfully submitted, THE LAW OFFICES OF LAUREN BERSCHLER KARL, LLC BY: Ir 4BelerKl, Esquire Attorneys for Plaintiff, Citizens Bank of Pennsylvania -5- VERIFICATION I ,William P. Kempf,being duly sworn according to law, depose and say that I am a mortgage foreclosure representative for Citizens Bank of Pennsylvania and am authorized to make this verification and that the facts set forth in Citizens' Complaint in Mortgage Foreclosure are true and correct to the best of my information and belief. I understand that the statements therein are made subject to the penalties of 18.Pa.C.S.A..§ 4904 relating to unsworn falsification to authorities. CITIZENS BANK OF PENNSYLVANIA By: WILLIAM AMPF Date: -6- EXHIBIT "A" 11883 Department of the Treasury- Internal Revenue Service Form 668 (Y)(c) Notice of Federal Tax Lien (Rev.February 2004) Area: Serial Number For Optional Use by Recording Office SMALL BUSINESS/SELF EMPLOYED AREA #1:2 Lien Unit Phone: (800) 829-3903 940657613 _�L As provided by section 6321, 6322, and 6323 of the Internal Revenue /:3 -3607" r Code, we are giving a notice that taxes (including interest and penalties) have been assessed against the following-named taxpayer. We have made a demand for payment of this liability, but it remains unpaid..Therefore, = Q there is a lien in favor of the United States on all property and rights to rn:x property belonging'to this taxpayer for the amount of these taxes, and mm m � rn rr additional penalties, interest, and costs that may accrue. Name of Taxpayer THOMAS R & MARY BEA W VIEHMAN r--z C� ay car Residence 917 E COOVER ST y= MECHANICSBURG, PA 17055-3446 `I, IMPORTANT RELEASE INFORMATION: For each assessment liste:defined ow, unless notice of the lien is refiled by the date given in column (e),this notihall, on the day following such date, operate as a certificate of release as in IRC 6325(a): OH aIII q� Tax Period Date of Last Day for Unpaid Balance Kind of Tax Ending Identifying Number Assessment Refiling of Assessment (a) (b) (c) (d) (e) (f7 1040 12/31/2009 XXX-XX-4181 07/12/2010 08/11/2020 1040 12/31/2009 XXX-XX-4181 07/30/2012 08/29/2022 1040 12/31/2009 XXX-XX-4181 07/30/2012 08/29/2022 35621.01 Place of Filing Prothonotary Cumberland County Total $ 35621.01 Carlisle, PA 17013 This notice was prepared and signed at DETROIT, MI , on this, the 21st day of May 2013 Signature /- ACS SBSE 22-00-0001 for P.A. BELTON (800) 829-3903 (NOTE:Certificate of officer authorized by law to take acknowledgment is not essential to the validity of Notice of Federal Tax lien Rev.Rul.71-466, 1971 . 2 C.13.409) Form 668(Y)(c) (Rev. 2-2004) Part 1 -Kept By Recording Office CAT.NO 60025X EXHIBIT "B" Illy IIIA �II� 1I0 ND note CITIZENS BANK SECONDARY MORTGAGE LOAN HOYIE EQUITX LINE OF CREDIT AGREEMENT Borrower(s): THOMAS R VIEIrMAN Lender. ❑ Citizens Bank of Massachusetts ❑ Citizens Bank of Connecticut ® Citizens Bank of Pennsylvania 28 State Street 63 Eugene O'Neill.Drive 1735 Market Street Boston,MA 02109 New London,CT 06320 Philadelphia,PA 19103 ❑ Citizens Bank of Rhode Island ❑ Citizens Bank New Hampshire ❑ Citizens Bank I Citizens PIaza 875 Elm Street 919 North Market Street Providence,RI 02903 Manchester,NH 03101 Suite 200 Wilmington,DB 19801 Date of Agreement: 03/09/2004 This HOME EQUITY LINE OF CREDIT AGREEMENT("Agreement")contains the terms which govern your line of credit(the"Credit Line"or the"Credit Line Account")issued through Citizens Bank of Massachusetts,Citizens Bank of Rhode Island,Citizens Bank of Connecticut,Citizens Bank New Hampshire,Citizens Bank of Pennsylvania,or Citizens Bank(our Delaware Bank)as identified above and hereafter referred to as"Citizens Bank".The Agreement sets forth the terms under which Citizens Bank extends credit advances against your Credit Line Account.Each person who signs this Agreement will be bound by its terms and conditions and will be responsible for paying all amounts owed.In this Agreement,the words"Borrower,""you,""your,"and"Applicant"mean each and every person who signs this Agreement,including all Borrowers named above.The words"we,""us,""our;' and"Lender"mean Citizens Bank as identified above.You agree to the following terms and conditions: 1. Promise to Pay. You promise to pay Citiiens Bank the total of all credit advances made by us under the terms of this Agreement,any other charges,and FINANCE CHARGES due,together with all costs and expenses for which you are responsible under this Agreement or under the"Mortgage" which secures this Agreement.You will pay your Credit Line according to the payment terms set forth below_ 2. Term. The term of your Credit Line will begin as of the date of the Agreement("Opening Date") and will continue until termination of your Credit Line Account.All indebtedness under this Agreement,if not already paid pursuant to the payment provisions below,will be due and payable upon termination.The"Draw Period"of your Credit Agreement will begin on a date,after the Opening Date,when the Agreement is accepted by as in the Commonwealth or State as identified above:Commonwealth of Massachusetts,State of Rhode Island,State of Connecticut State of New Hampshire,Commonwealth of Pennsylvania or State of Delaware,following the expiration of the right to cancel,the perfection of the Mortgage,and the meeting of all of our other conditions and will continue for a period of Ten(10)Years,subject to the terms and conditions of this Agreement.You may obtain credit advances during the"Draw Period"not to exceed,at any time,the credit limit of your line of credit,which is$152,000.0 and more fully described in paragraph 5, "Credit Limit".After the Draw Period ends,the Repayment Period will begin,and you will no longer be able to obtain credit advances.The length of the Repayment Period is Fifteen(15)Years.The end of the Fifteen(15)Years is known as the"Maturity Date". You agree that;at our discretion,we may renew or extend the period during which you may obtain credit advances or make payments. 3. Payments. a)Draw Period You can obtain advances of credit for Ten(10)years(the'"Draw Period").You have chosen the payment option checked below. The option checked below is based on the option that was indicated on your home equity application. If no option was indicated on your application,the loan will default to Option One(Interest Only). ® Option One: Monthly interest-only payments-Under this option,your payments Will be due monthly and will equal the finance charges that accrued on the outstanding principal balance during the preceding billing period,plus insurance premiums(if any),all other cbarges and any amount past due. The Minimum Payment will not reduce the principal that is outstanding on your Credit Line Account. This option will result in greater expenses over the life of the Credit Line Account. ❑ Option Two: 2%of the balance-Under this option,your payments will be due monthly and will equal 2%of the New Total Balance(which includes the principal balance and outstanding finance charges as of the end of the billing period plus insurance premiums[if any],and all other charges), gel Floor Rev 08/03 Page 2 c plus late fees and any amount past due. The Minimum Payment will equal$20.00 or the outstanding balance on your.Credit Line Account,whichever is less. b)Changing Your Draw Period Payment Option You may change your Draw Period Payment Option from Option 1 to Option 2,or from 111 Option 2 to Option 1. You must ask us in writing at least 15 days before the start of the billing cycle in which you want to change your Draw Period Payment Option. We do not have to let you change your Draw Period Payment Option if;(i)any of your payments under this agreement are past due at the time you make your request,,(ii)your - -- account balance is higher than your credit'line at the time when you ask us to change your Draw Period Payment Option,or(iii)we,in our sole discretion,believe that your account is not in good standing. c)Repayment Period After the Draw Period ends,you will no longer be able to obtain credit advances and must repay the outstanding balance over 15 years(the'Repayment Period"). During the Repayment Period,your regular payment will be based on an amortization of your balance over a 180 month period or$20.00,whichever is greater. Your payments will be due monthly. In calculating the payment amount by amortizing the balance over a 180 month period,we will use the applicable variable Annual Percentage Rate in effect on the day we calculate your payment. Your"Minimum Payment"will be the regular payment,plus any amount past due and all other charges. In any event,if your Credit Line Account balance falls below$20.00, you agree to pay your balance in full. A change in the ANNUAL PERCENTAGE RATE can cause the balance to be repaid more quickly or more slowly.When rates decrease,less interest is due,so more of the payment repays the principal balance.When rates increase,more interest is due,so less of the payment repays the principal balance.If this happens,we may adjust your Minimum Payment as follows:Each time the ANNUAL PERCENTAGE RATE increases we will review the effect the increase has on your Credit Line Account.If the ANNUAL PERCENTAGE RAVE has increased so much that your Minimum Payment is no longer sufficient to repay the balance by the Maturity Date,your Minimum Payment will be increased by the amount necessary to repay the balance by the Maturity Date.You agree to pay not less than the Minimum Payment on or before the Payment Due Date indicated on your periodic billing statement. d) Payments All payments must be made by a check,money order,or other instrument in U.S.dollars and must be received by us at the remittance address shown on your periodic billing statement. Payments received at that address on any business day will be credited to your Credit Sine as of the date received.Payments may also be made at any of our branch offices.You may also make payments by authorizing us to debit your Citizens Bank checking account each month in the amount of the Minimum Payment.Payments sent by mail must be mailed early enough to insure receipt by us on the Payment Due Date. 4. Application of Payments. Unless otherwise agreed or required by applicable law,during the Draw Period,payments and other credits will be applied in the following order:to the oldest unpaid billings first,and then sequentially to any otber unpaid billings from the oldest to the most current. Payments in excess of billed amounts will be credited to your account.During the Repayment Period, your payments will be applied in the following order,assuming that it is made by the Payment Due Date:(a)The interest portion of the unpaid Minimum Payment;and(b)any additional amount paid that exceeds interest due will next be applied to the principal portion of the unpaid Minimum Payment. If you make a payment greater than the Minimum Payment,but less than the Total Due shown on your periodic statement you will still be required to make the Minimum Payments in the months that follow.We will refund to you any credit balance upon request if there is a credit balance on the date we receive the refired request. 5. Credit Limit. This Agreement covers a revolving line of credit for$152,000.00 which will be your"Credit Limit"under this Agreement.This is the maximum credit that is to be extended to you.If the Credit Limit is exceeded,you will be in default of a material obligation under this Agreement and the provisions of paragraph 7,"Limitations on Use of Checks"will apply.You may borrow against the Credit Line,repay any portion of the amount borrowed,and re-borrow up to the amount of the Credit Limit.You agree not to attempt,request,or obtain a credit advance that will make your Credit Line Account balance exceed your Credit Limit.Your Credit Limit will not be- increased should you overdraw your Credit Line Account.If you exceed your Credit Limit,you agree to repay immediately the amount by which your Credit Line Account exceeds your Credit Limit,even if we have not yet billed you. s t Page 3 6.How to Use the Credit bine. You may obtain credit advances under your Credit Line by writing a preprinted"check"that we will supply to you.CreditLine checks"are specially designated checks which can be completed just like any other check.Each check written and negotiated will create a check advance from us to you.Checks drawn on the Account on forms other than those forms supplied by us for that purpose will not be honored.Each check you write will be paid with a check advance from your Account unless you are in defaultun der this Agreement,as described in paragraph 23,"Termination and Acceleration",or in.those circumstances described in paragraph 7, "Limitations on Use of Checks."Your use of a check will be reflected on your periodic statement as a check advance.Credit Line checks will not be certified by us and you agree that we may retain the :. actual checks written by you,and need not return the.original checks to ou,_We may_alsg pro�idc: _•._._ _ additional ways of using your Account from time to time. If there is more than one person authorized to use this Credit Line Account,each of you agree not to give us conflicting instructions,such as one ofyou telling us not to give check advances to the other. Any such instructions will not be followed by us. However,any one of you may cancel your Credit Line under paragraph 30,"Cancellation by You". %. )Limitations on Use of Checks. We reserve the right not to honor Credit Line checks in the following circumstances: (a) Your Credit Limit has been,or would be,exceeded by paying the check (b)Your check is post-dated.If a post-dated check is paid and as a result any other check is returned or not paid,we are not responsible,subject to any applicable law. (e) Your checks have been reported lost or stolen. (d) Your check is not signed by an"Authorized Signer"as defined below. I (e) Your Credit Line has been terminated or suspended as provided in this Agreement or could be if we paid the check. (f)You are in violation of any other transaction requirement or would be if we paid the check If we pay any check tinder these circumstances,you must repay us,subject to applicable laws,for the amount of the check.The check itself will be evidence of your debt to us together with this Agreement.Our liability,if any,for wrongful dishonor of a check is limited to your actual damages. Dishonor for any reason as provided in this Agreement is not wrongful dishonor, S. Authorized Signers. The words"Authorized Signer"on checks as used in this Agreement mean and include each person who(a)signs the application for this Credit Line,and(b)signs this Agreement. 9. Stop Payments.We do not honor stop payment orders for checks drawn against your Credit Line Account.You therefore should not use your Credit Line Account ifyou anticipate the need to stop payment.You agree that we will have no liability to you or to any other party because we do not honor stop payment orders. 10. ]Lost Cbecks. If you lose your checks or someone is using them without your permission,you agree to notify us immediately.The fastest way to notify us is by calling us at(800)922-9999.You also can notify us at Citizens Bank,Consumer Loan Servicing,I Citizens Drive,Riverside,RI 02915. 11. Charges to Your Credit Line. We may charge your Credit Line to pay other fees and costs that you are obligated to pay under this Agreement,under the Mortgage or under any other document related to your Credit Line.In addition,we may charge your Credit Line for funds required for continuing insurance coverage as described in the paragraph 13,"Insurance"or as described in the Mortgage.We may also,at our option,charge your Credit Line to pay any costs or expenses to protect or perfect our security interest in your dwelling. These costs or expenses include,without limitation,payments to cure defaults under any existing liens on your dwelling. Ifyou do not pay your property taxes,we may charge your Credit Line and pay the delinquent taxes. Any amount so charged to your Credit Line will be a credit advance and will decrease the funds available,if any, under the Credit Line. However,we have no obligation to provide any of the credit advances referred to in this paragraph. 12. Collateral.This Agreement is secured by a Mortgage dated 03/09/20D4 to us on property located in CUMBERLAND County,State or Conimonwealth of PA ,(the "Property"). We have the right;but are not required to take such action as is necessary to protect our Security Interest described in this paragraph.Any amounts we may pay in exercising our right to protect our Security interest must be paid by you on demand,and will bear interest at the Annual Percentage Rate then applicable to your account. i Page 4 , 13. Insurance,You must obtain insurance on the Property securing this Agreement through any company of your choice that is reasonably satisfactory to us for the lesser ofthe replacement cost of the buildings or appurtenances on the Property or the amount of the Credit Line plus any priority liens, You must name Citizens Bank as mortgagee on all required insurance policies.The insurance you maintain must provide for Ten(10)days notice of cancellation to us.If the Property is located e a designated Flood Zono,you roust also maintain flood insurance on the Property. Subiect toin applicable law,if you fail to obtain or maintain insurance as required herein or in the Mortgage,we may purchase insurance to protect our own interesk add the preraium to balance,pursue any your bal — — other remedies available to us,or do any one or more of these things. Tri the'event the Bbirower fails to obtain and maintain any ins6raace_nn the Property required by Elie' Lender,the Borrower understands and agrees that the Lender may,at its option(unless required to do so by applicable law),obtain and maintain the required insurance and pay the premium(s)for such insurance,and either:(i)add the cost of the insurance to the unpaid principal balance owed under the Agreement(in which case the Borrower agrees to repay the cost of the insurance in accordance with the repayment terms of the Agreement),or(ii)bill the Borrower separately(in which case the Borrower agrees to pay the bill immediately).The Borrower agrees to pay interest on any such amounts at the interest rate provided in the Agreement until such amounts are repaid in frill.The ay(i)Borrower understands and acknowledges that any•insuxancc obtained and maintained by the Lender may(i)only protect the interests of the Lender and any other creditor with a prior mortgage on the Property,and(ii)be more expensive than insurance obtained and maintained by the Borrower. 14. Right of Setoff. We have the right under the law to transfer funds held in any deposit account that any person who signs this Agreement has with us or an affiliated bank,to pay or reduce your obligations if you are in default under this Agreement or we terminate or accelerate your Credit Line Account. You grant to us a contractual possessory security deliver,pledge,and transfer to us all right,title and interet in interest and to,your accou sn checking,savings,or some other account),including without limitation ell actswith us{whether counts held jointly with 1 someone else and all accounts you may open in the future,excluding however all TRA.,Keogh,and trust accounts. You authorize us,to the extent permitted by applicable law,to charge or Setoff all sums owing under this Agreement against any and all such accounts. 15. Periodic Statements. We will send you a periodic statement for all check advances made under this Agreement during the Draw Period and for all monthly payments due during the Repayment Period.The statement will show,among other things,payments and credits,check advances, Total Balance. CHANGES,insurance,and other charges,your Previous Total Balance,and your New Total Balance. four statement also will identify the Minimum Payment you must make for that billing period and the Payment Due Date.All periodic statements shall conclusively be considered to L be correct and accepted by you unless we are notified in writing of any alleged errors within 60 days ager receipt. 16. FINANCE CHARGES. You will pay a FINANCE CHARGE on the outstanding amount of the Principal balance under your Credit Line,once each billing cycle during the Draw Period and the Repayment Period.The FINANCE CHARGE will begin to accrue on the date advances are posted to "grace rioI Your Credit Line Account. There is no ped"which would allow you to avoid a FINANCE I CHARGE on your Credit Line advances. proceeds. FINANCE CHARGES do not accrue on any undisbursed 19. Method Used to Determine the Balance on Which the FII�tANCE CHARGE Will Be Computed. We figure the FINANCE Ci7ARGE on your account by applying the daily periodic rate to the average daily balance of your Credit Line Account and then multiply by the number of days in I the billing cycle,To get the average daily balance,we take the total beginning balance of your Credit Line Account each day and add new advances and subtract the principal portion of an credits. The beginning balance for the period is the New Principal Balance amount from yours and I Previous statement. To determine the principal portion of a payment,subtract any unpaid FINANCE CHARGES then insurance premiums(if any)and membership fees and other charges(if applicable). This gives us the daily principal balance each day. ly principal balances Then we add up all the dai for the billing cycle and divide the total by the number of days in the billing cycle(the number of ' days since your Iast statement). This gives us the average daily balance. The average daily balance does not include finance charges,insurance premiums,membership fees or other charges. f 18, How You May Compute the Finance Charges On Your Line of Credit Account.When the average daily balance has been computed,you multiply the average daily balance by the daily periodic rate which is arrived at by dividing the Annual Percentage Rate by the number of days in the year. The result is multiplied by the number of days in the billing cycle. This figure is the FINANCE t CHARGE assessed for the billing cycle. i i t I - i t f 1 c Page 5 19.periodic Rate and Corresponding ANNUAL PERCENTAGE RAS We will determine the Periodic Rae and the corresponding ANNUAL PERCENTAGE��, as follows. We start with an independent index,(the"Index"),which is The Wall Street Journal prime Rate,published daily i the listing for "Money Rates."We will use the Index value published on the last business day of each month for any ANNUAL I'ERCTNTAGE RATE adjustment.If the Index is no longer available,we will choose a new Index and margin. The new Index will have an historical movement similar to the original Index and margin,and the new Index and margin will result in an Annual Percentage Rate that is substantially similar to the rate in effect at the time the ori The Index is not necessarily the lowest rate charged by as on our loans.To determine fire periodic original Index becomes unavailable. Rate th% at will apply to your Credit Line Account,we add a margin to the value of the Index,then --divide the value by the number of days in a year(dat7 RATE,we multiply the Periodic Rate by the number f dao obtain f}re ANNITAI,p,7�gCEly�AG _ ^ ANNUAL PERCENTAGE RATE.The ANNUAL PERCENTAGE RATys in a year E inc odes only the est and no other casts. The Periodic Rate and the corresponding ANNUAL PERCENTAGE increase or decrease as the Index increases or decreases from time to time.Any increase in the Periodic Rate will take the form ofhigher a i n your Credit Lina will corresponding ANNUAL PE' PERCENTAGE.RATE resulting es lig fro1m changes in the Index will take effect on the first day of the next billing cycle. The maximum ANNUAL the life of your Credit Line will be 18.000%or the maximrtm rate allowed by appl cable law.In noNTAGE RATE event willof the ANNUAL PERCENTAGE RATE be less than 2.500%during the life of our Line.As value, data this Agreement was printed,the Index is g_o D`a/ Index value,we estimate that the initial Periodic Rate and the corresponding y Credit PERCENTAGE p Based on that RATE on your Credit Line for the first billing cycle will be a�ed below; The. initial Periodic Rate and corresponding ANNUAL PERCENTAGE the first billing cycle,which will be disclosed on your first periodicstatement actually oeO hese g estimates if the Index changes between the date this Agreement was printed and the date you sign this Agreement. Margin Added ANNUAL to Index PERCENTAGE RATE Daily Periodic -- Rate 1.010 % 2.99DD0$ 0.00819% 20. Conversion Option,you can exercise the option to convert to a fixed rate only at the end of the Draw Period. your ANNUAL PERCENTAGE RATE convert to a fixed rate, may increase if you exercise this option to The fixed rate will be determined as follows. The ANNUAL PERCENTAGE RATE will be fixed during the entire Repayment Period and will be equal to 2%a%added to the Index which is in effect on the date that the final Draw Period payment is due,but will not be more than 18.00%. In the event the Prime Rate is published as a range ofrates,then the lowest rate published shall be the Index. If The Wall street journal ceases publication of the Prime Rate we may select a substantially similar Index which we will use to determine the ANNUAL PERCENTAGE ! Repayment Period. RATE for the In no event shall the Finance Charge exceed that allowable under any applicable law. If it is determined that the Finance Ch allowable,all excess payments arge would,except for this provision,exceed the maximum rate hereunder and shall be applied acc I be considered to be payments on the principal balance due cordingly 21. Annual Fee. There is no Annual Fee for the first year. Thereafter,a non-refundable Annual Fee ' of$50 will be charged to your Credit Line Account on each anniversary of your Credit Line,during I the Draw Period. We will lower your Annual Fee by$25.00 if you maintain a Citizens Circle Gold Checking Account or any other deposit relationship account that we may deem from time to time to warrant a discount. If you close your Citizens Circle Gold Checking Account or other designated deposit relationship account,a non-refundable Annual Fee of$50.00 will be charged to your Credit Line Account on each Anniversary of your Credit Line Account,during the Draw Period thereafter. Page 6 , 22. Late Charges. Depending on the state or commonwealth identified above,your late fee will be calculated as follows: MA. Your payment will be late if it is not received by us within 15 days of the"Payment Due Date"shown on your periodic statement.If your payment is late,we may charge you 3.000% of the payment or$10.00,whichever is less.You will pay this late charge only once on any late payment. CT and RX: Your payment will be Iate if it is not received by us within 10 days of the "Payment Due Date"shown on your periodic statement. If your payment is late,we may charge you 5.000%of the payment or$10.00,whichever is less" ry v�K NE: Your payment will be late if it is not received by us within 10 days of the"Payment ]Due Date" shown on your periodic statement. If your payment is late,we may charge you 7.000% of the payment or$12.50,whichever is greater. PA and IDE: Your payment will be late if it is not received by us within 15 days of the "]Payment Due Date"shown on your periodic statement. If your payment is late,we may charge you 10.000%of the payment or$20.00,whichever is greater. 23. Termination and Acceleration. The entire unpaid balance of your Credit Line Account, including unpaid fees and Finance Charges,shall at our option become immediately due and payable and we can terminate your Credit Line Account by sending you notice,if any of the following occur: (a) You have at any time in connection with this Credit Line Account,including your application for same,committed fraud or have made,or make at anytime,any material misrepresentation. For purposes of this provision,fraud and material misrepresentation shall mean lmowingly making any false financial or other statement with the intent that it be relied upon by us and/or intentionally failing to disclose information in connection with the Credit Line Account; (b) Failure to make any payment under this Agreement; (c) Your action or inaction adversely affects the collateral for the Credit Line Account or our rights in the collateral.This can include,for example,failure to maintain required insurance, waste or destructive use of the Property,failure to pay taxes,failure to maintain adequate insurance for the Security,death of all persons liable on the Credit Line Account or the death of any of the Borrowers if the collateral is adversely affected by such death,transfer of title or sale of the Property,the Property is taken through eminent domain,creation of a senior lien on the Property without our permission,foreclosure by the holder of a prior lien or the use of the dwelling for prohibited purposes. 24. suspension or Reduction. In addition to any other rights we may have,(neither notice nor your agreement is required),we can suspend additional extensions of credit or reduce your Credit Limit during any period in which any of the following are in effect: (a) The value of the Property declines significantly below the Property's appraised value for purposes of this Credit Line Account. This includes,for example,a decline such that the initial difference between the credit limit and the available equity is reduced by fifty percent and may include a smaller decline depending on the individual circumstances; (b) We reasonably believe that you will be unable to fulfill your payment obligations under your Credit Line Account due to a material change in your financial circumstances; (c) You are in default under any material obligations of this Credit Line Account. We consider all of your obligations to be material. Categories of material obligations include the events described above under paragraph 23,"Termination and Acceleration",obligations to pay fees and charges,obligations and limitations on the receipt of credit advances,obligations concerning maintenance or use of the Property,obligations to pay and perform the terms of any other deed of trust,mortgage or lease of the Property,obligations to notify us and to provide documents or information to us(such as updated financial information),obligations to comply with applicable laws(such as zoning restrictions),and obligations of any comaker.No default will occur until we mail or deliver a notice of default to you,so you can restore your right to credit advances; Page 7 (d) Government action prevents us from imposing the ANNUAL PERCENTAGE RA'Z'E provided for under this Agreement,or unpairs our security interest such that the value of the Property is less than 12o percent of the credit line; (e)We.have been notified by governmental authority that continued advances may constitute an unsafe and unsound business practice.We may charge your account for appraisal and Credit Report fees we incur in investigating whether any condition permitting us to suspend your credit privileges or reduce your credit limit continues to exist; (f) The maximum Annual Percentage Rate is reached. If your Credit Line is suspended or terminated,you must immediately destroy all Credit Line checks and any other access devices. Any use of checks or other access devices following suspension or termination may be considered fraudulent.You will also remain liable for any further use of such i checks or other Credit Line access devices not returned to us. 2s. Change in Terms. We may make changes to the terms of this Agreement if you agree to the change in writing at that time,if the change will unequivocally benefit you throughout the remainder of your Credit Line Account,or if the change is insignificant(such as changes relating to our data processing systems). 26. Collection Costs. If you fail to abide by any terms of this Agreement,and if we are permitted to do so by applicable law,we may hire or pay someone else to help collect your Credit Line Account. You will pay all reasonable collections costs,including reasonable attorney's fees incurred by us in the collection of amounts due under this Agreement to the extent not prohibited by applicable law. This includes,subject to any limits under applicable law,our legal expenses whether or not there is a lawsuit and legal expenses for bankruptcy proceedings(including efforts to modify or vacate any automatic stay of injunction),appeals,and any anticipated post judgment collection services.In New Hampshire,if,but only if,by applicable law,we are permitted to collect attorney's fees from you as part of our costs of collecting any amounts due under this Agreement,then you,to the extent required by New Hampshire Revised Statutes Annotated Chapter 361-C,as amended,shall be entitled to reasonable attorney's fees if you prevail in(a)any action,suit or proceeding brought by us,or(b)any action brought by you.If you successfully assert a partial defense or setoff,recoupment or counterclaim to any action brought by us,the court may withhold from us the entire amount or such portion of the attorney's fees as the court considers equitable. 27. Delay in Enforcement. Failure at any time by us to exercise any of our rights hereunder sball not constitute a waiver of our right to exercise the same at a later time. 28. Default.You will be in default under this Agreement if any of the following occurs,each of which constitutes a breach of a material obligation of yours under this Agreement: (a) You fail to make any payment when due or to pay any charge or fee when due; (b) Your action or failure to act adversely affects our security for your Credit Line Account . or a right we have in the security(an attempt by any other creditor to take money or other property of yours that is in our possession is an example of a failure to act that would adversely affect our security or security interest); ! (c) A court determines that you are bankrupt.or insolvent,or (d) You gave or give as false or materially misleading information in connection with any extension of credit to you under your Credit Line Account, 29. Results of Default. If you are in default,we may lower your Credit Limit,we may refuse to make any further advances under this Agreement,we may refuse to pay any outstanding checks that would require us to make an additional credit advance to you,we may foreclose on the real property described in the Mortgage securing your Credit Line Account,we may take whatever other action is permitted under the Mortgage,and we may exercise any and all of our rights with respect to any other property securing your Credit Line Account. We also may demand that you pay the full amount you owe on your Credit Line Account immediately. You agree to pay any costs we incur in collecting what you owe following your default to the extent not prolubited by applicable law.If we have to sue you to collect what you owe,you agree to pay our legal fees,including court costs to the extent not prohibited by applicable law.In addition to our other tights and remedies under this agreement and the Mortgage,we reserve the right to honor the check i or other device used to obtain an advance without permanently raising your credit limit.If we honor j the check or other device,the amount that is more than your credit limit will be due and payable immediately. i Page 8 , 30. Cancellation by You.If you cancel your right to credit advances under this Agreement,you must notify us in writing and destroy all Credit Line checks and any other Credit Line Account access devices.Despite cancellation,your obligations under this Agreement will remain in full force and effect until you have paid us all amounts due under this Agreement. 31. Prepayment.You may make additional payments or may pay back more than the Minimum Payment Due at any time without penalty,except we will be entitled to receive all accrued FINANCE CHARGES,and other charges,if any. Payments in excess of your Minimum Payment will not i relieve you of your obligation to continue to make your Minimum Payments.Instead,they will reduce the principal balance owed on the Credit Line.If you mark a check,money order,or other instrument sent"in a ent with"Paid in Full"or with similar lan a e,we may accept the a ment and. o» pym gug Y P PY Y will remain obligated to pay any further amount owed to us under this Agreement. 32. Notices. All notices will be sent to your address as shown in ibis Agreement unless you notify 4 us in writing of any change in your address or name within thirty(30)days of the change. On joint accounts,notices sent to one will be considered notice sent to all. I 33.Information About You.You authorize us to get financial information about you from third parties,including,but not limited to,a credit bureau,your employer,or another financial institution. You also authorize us to disclose information about your creditworthiness and this Account to a credit bureau,our affiliates and subsidiaries,and to others,unless expressly prohibited by applicable law. We may require a new appraisal of the Property which secures your Credit Line at any time,including an internal inspection,at our sole option and expense,except as provided for in paragraph 24, "Suspension.or Reduction". 34. Documentation.You agree to execute or re-execute any document that we request in order to correct any error or omission in the original Agreement,security instrument,or other Credit Line ` Account related documents,including,but not limited to,Confirmatory or Corrective security instruments. 33. Transfer or Assignment.Without prior notice or approval from you,we reserve the right to sell or transfer your Credit Line Account to another lender,entity,or person,and to assign our rights under the Mortgage.Your rights under this Agreement belong to you only and may not be transferred or assigned.Your obligations,however,are binding on your heirs and•legal representatives. I 36. Tax Deductibility.You understand that Lender makes no representation or warranty whatsoever concerning the tax consequences of,this Credit Line Account,including the deductibility of interest, i and that you should consult with your own tax advisor for guidance on this subject.You also agree that Lender shall not be liable in any manner whatsoever should the interest paid on the Credit Line Account not be deductible. 37. Governing Law. This Agreement is governed by federal law and by the laws of the state or commonwealth in which the bank is located:The Commonwealth of Massachusetts,the State of Rhode Island,the State of Connecticut,the State of New Hampshire,the Commonwealth of ' Pennsylvania or the State of Delaware.To the extent that federal law preempts state law,this j Agreement is governedby federal law.if any provision of this Agreement conflicts with any existing or future law,it shall be deemed modified to the extent necessary to comply with such law and the validity of the remaining terms shall not be affected. If you are a Maryland resident,this Agreement is governed by federal law and by the laws of the state or commonwealth in which the bank is located,except that to the extent but only to such extent, that this Agreement is not governed by the laws of the state or commonwealth in which the bank is located,the provisions of Sections 12-901 ei seq.(Credit Grantor Revolving Credit Provisions)of the Commercial Law Article of the Annotated Code of Maryland shall apply. i i I a Page 9 38. fitterpretation. The names given to paragraphs or sections in this Agreement are for reference purposes only.They are not to be used to interpret or define the provision of this Agreement.You agree that this Agreement,together with the Mortgage,is the best evidence of your agreement with us. If a court finds that any provision of this Agreement is not valid or should notbe enforced,that fact by itself will not mean that the rest of this Agreement will not be valid or enforced.Therefore,a court may enforce the rest of the provisions of this Agreement even ifa. provision of this Agreement may be found to be invalid or unenforceable.If we go to court for any reason,we can use a copy,filmed or electronic,of any periodic statement,this Agreement,the Mortgage,or any other document to rove what ou.owe us'or that a transaction has taken place:7'h-e co ' p y, PYA rmezofilm,microfiche,gY�.,._ .._ .... .. optical image will have the same validity as the original.You agree that,except to the extent you can show there is a billing error,your most current periodic statement is the best evidence of your obligation to pay. 39. Acknowledgment.You understand and agree to the terms and conditions in this Agreement.By signing this Agreement,you acknowledge that you have read this Agreement.You also acknowledge receipt of a copy of this Agreement,including the Fair Credit Billing Notice and the early Home � Equity Line of Credit application disclosure,in addition to the handbook entitled"When Your Home Is On the Line:What You Should Know About Home Equity Lines of Credit,"and disclosures/notices provided under applicable state law;given with the application before signing the Mortgage and before using your Credit Line Account. i If there is more than one Borrower,each is jointly and severally liable on this Agreement.This means we can require any one of you to pay all amounts due under this Agreement,including credit advances made to any of you.Each Borrower authorizes any other Borrower,on his or her signature alone,to cancel the Credit Line,to request and receive credit advances,and to do all other things necessary to carry out the terms of this Agreement.We can release any of you from responsibility under this Agreement,and the other Borrowers will remain responsible. You,the undersigned,certify that you have insured the property as identified in Section 12,entitled "Collateral",against loss by fire in an amount sufficient to cover this lien and all superior liens,and that the policy includes extended coverage and has a standard mortgagee clause making loss payable to Citizens as its interest may appear. You agree it is your responsibility to keep the premises,as identified in Section 12,entitled "Collateral",insured in an amount at least equal to the replacement cost of any buildings on the property,until this Agreement is paid in full. You understand that you may purchase any required insurance through any duly licensed insurance agent and insurance company that is reasonablyacceptable to us. You are not required to deal with any of our affiliates when choosing an insurance agent or insurance company. Your choice of a particular insurance agent or insurance company will not affect our credit decision,so long as the insurance provides adequate coverage with an insurer that meets our reasonable requirements. All documents related to insurance for this loan should be mailed to the following address: Citizens Bank,Consumer Finance Operations 1 Citizens Drive Riverside,RI 02915 (800)708-6684 { I Page 10 , Authorization of Payments to Third Parties $ 152,000.00 Credit Limit �/I,, Amount paid to others on my behalf: $lW ' .1-0-tr Paid to M & T BANK .12-Z,-2-; av—Paid to GBNERAL MOTORS MTG COR $'I 11-11 Paid to $ Paid to $ Paid to $ Paid to _..._..... _..., ....r _. .. _ $ Paid to $ Paid to $ Paid to - $ Paid to $ Paid to $ Paid to $ Paid to $ Paid to $ Paid to " $ Paid to + $ 0.00 Amount received from borrower $ ,,ff o.o o Total fees to be paid by borrower + $ tt ?9, 33 ee—Undisbursed Funds You understand that no loan proceeds will be disbursed until any notice of the right to cancel time period specified has expired. You authorize disbursements listed above and acknowledge receipt of a filled in copy o£this itemization of amount financed. You acknowledge that any payoff amounts referenced in the of Authorization of Payments to Third Parties section of this Agreement were estimates based on the balances listed on your credit bureau report(s). By signing below,you authorize all handwritten changes,made to the payoff figures in this Agreement,and confirm that these changes accurately reflect the payoff figures you provided at closing. You acknowledge that you received and read,as applicable,the Home Equity disclosure statements'provided to you during the application process,which include Important Terms, When Your Home is On the Line,Servicing Disclosure Statement, Good Faith Estimate,Right to Receive a Copy of.an Appraisal,Citizens'Pledge Regarding the Responsible Use and Protection of Customer Information,for 1Yu residents only,Massachusetts Mortgage Loan Disclosure, Uniform Mortgage Loan Cost Workshee4 Consumer Guide to Obtaining a Mortgage, for CT residents only,Mortgagor's Right to Counsel,for RI residents only,Choice of Title Attorney Disclosure, for NJ residents only,Right to Own Counsel Disclosure,and for MD residents only, Processing your Loan Application,Settlement Services. You acknowledge that with your application,you provided your consent to us to check your employment and credit history with any source and to answer questions about your credit experience with us. I NOTICE TO NEW JERSEY BORROWERS: READ THIS NOTE BEFORE YOU SIGN. DO NOT SIGN TIIIS NOTE IF IT CONTAINS BLANK SPACES.THE NOTE IS SECURED BY A SECONDARY MORTGAGE ON YOUR REAL PROPERTY. This Agreement's d d 03/09/20o4. TEUS AGREEMENT IS SIGNED UNDER SEAL. 330 O .THOMR VIEHMAN X ' X X Effective Disbursement]sate: a3/13./2oo4 EXHIBIT " C " Fti.lrjt Jr DEEDS UP EJ COW aTY ,, ,:'•j 3�IP� 31 s'I�i � 5I C CITIZENS BANK PENNSYLVANIA HOME EQ`CJITY-LINE OF CREDIT OPEN-END MORTGAGE. (Securing Future Advances) TATS MORTGAGE is made on /2004 `The mortgagor is THOMAS R VIERMAN This Mortgage is given to Citizens Bank of Penn lvania .... .. whose address'is 1735 Market Street PhiladelDbia.PA 19103 - . . �g g in this MorigOgc,'tht terms"you,".. "you"and"yours"refer to&em a o s. 3ize terms"we,""us" and."our.'refer to the Lender.. Page i 1� PAOPIEN REV.10105 �xla$4�o ��a,� �1��IIII flIMIII�IIIIlI �lI�I�lI!!l��fl�i�l�1� Pursuant to a Home Equity Line of.Credit Agreement dated the same date as this Mortgage ("Agreement".),you may incur maximum unpaid loan indebtedness(exclusivvof interest.thereon)in amounts fluctuating from time 10 time up to the maximum principal sum outstanding at any time of S . 152.000.00. Dollais, The Agreement provides for a.final;scheduled installment due and payable not later than:on 03/13/2029You agree that:this Mortgage shall continue to seems all sums now or hereafter advanced under the terms of the Agreement including;without limitation;such sums that are advanced by us whether or not at the time the Sam are advanced there is any principal sum outstanding under the Agreement; The parties horeio intend that this Mortgage shall secure unpaid balances;future advances and all other amounts due to us hereunder and under the Agreement. This Mortgage sgcures to us:. (a)the:repayment of the debt evidenced by the Agreement including hture'advances,with interest,and all raf m&ings,renewals,extenafons and modifications of the Agreement;(b)the payment:of alt other sums;with_interest advanced under this Mortgage to protect the security of this Mortgage;and(0 the performance of your covenants and agreements under this Mortgage and the Agreement Por this purpose and in consideration of the debt,:you do hereby, mortgage,grant and convey to us and our successors and assigns the following described properiylocated in CUMBERLAND ;Pennsylvania:.: SEE ATTACHED SCHEDULE A which has the address of 917 EAST COOVER STREET";MBCHANICSBURG,: PA 17055 ("Property Address"); Page 2 �;� 1059mn04 r TOGETHER WITH all the improvements now.or hereafter.erected on the property,and all easements, apputtmances,and fixtures now or hereafter a part of the property.All replacements and additions shall also be covered b thus y Mort gage. All of the foregoing is referred to in this 14tortgage as the"Property:" YOU COVENANT that you are lawfully seized of the estate hereby conveyed and have the right to mortgage,grant and convey.the.Property and that the Property is unencumbered,except for encumbrances of record.:You warrant and will defend generally the tide to the Property against all claims and demands,subject to any encumbrances of record. YOU AND WE covenant and agree as follows: 1. Payment of Principal,Interest and other Charges. You shall pay when due the principal of and interest owing under the Agreement and all other charges due hereunder and due under the Agreement, 2. Application of Payments...Unless applicable law,provides otherwise,all payments received by us under the Agreement and Section 1 shall be applied by us as provided in the Agreement. 3. Prlor Mortgages;Charges;7.leiie. 'You shall perform all of your obligations under any mortgage,:deed of taut or•other security instruments with a lien which Lias priority over this Mortgage,including your covenants to make payments when due. You shall pay all taxes,assessments,charges,fines and impositions attributable to the Property which.may.attain priority over this Mortgage,and leasehold payments or ground rents,if any.Upon our request;you shall promptly furnish to us all notices of amounts to be paid under ide this paragraph and receipts evncing any such payments you make.directly.You shall promptly discharge any l lien(other than a lien disclosed to ns in your application or in any title reportwe obtained)which has priority over this Mortgage. Ale specifically reserve to ourselves and our successors and assigns the unilateral right to-require,upon notice, that you pay to us on the day monthly payments are due an amount equal to vne-tweltlb(1/12)of the,yearly taxes,and assessments(including condominium and planned unit development assessments,if any)which may attain priority over this Mortgage and ground rents on the property,if any,plus orratwelfth(1/12)oryearly premiumiasfailments for hazard and mortgage insurance;all as we reasonably estimate initially and from time to time,as allowed by and in accordance with applicable law. 4. Hazard Insurance. You shall keep the.Property insured against loss by fire;hazards included within the term"extended coverage"and any other hazards,'including'floods or flooding,for which we require insurance.This insurance shall be maintained in the amounts and for the periods That we require.you may choose any,insurer ieasonably acceptable to us. Insurance policies:and renewals shall be acceptable to us and shall include S standard mortgagee clause. If we require;you shall promptly grve us all receipts of paid premiums and renewal notices. if you fail to maintain coverage as required in this section,you authorize us to obtain such coverage as we in our solediscretion'determine appropriate to`protect out interest in rho Property in accordance with the provisions in Section 6. You understand and.agree that.any coverage we purchase may cover only our interest in the Property and-may not cover your interest in the.Property'or any personal property therein. You also understand and.agree that the premium for any such 1warmce may be higher than the premium you would pay for such insurance. Page 3 8K l B59Fu0205 ... . t You shall promptly notify the insurer and us of any loss. We may make proof of loss if you do not promptly do so. We may also,at our option and on your behalf,adjust and coroprotiuse arty clarets under the insurance,give releases or acquittances to the insurance Company in connection with the settlement of any claim and collect and receive insurance proceeds.;You appoint us as your attorney-in-fact to do all of the foregoing;which appointment you undetstand grid agree is irrevocable,coitpled with an iuterestwith full'power of substitution and shallnot be affected by your subsequent disability or incompetents. InsuranceP roceeds shall be Iapplied to restore or repair the Property damaged,if restoration or repair is economically feasible and our security would not be lessened. Otherwite insub he.proeeeds shall be applied to sums secured by this Mortgage,whether or not then due,With anyexcess paid to you If you abandon The Property,or do:not answer wit3iin.30 days our notice to you that the m' s..r ,bas offered to settle a clami,then the may colleciand use the proceeds to repair or rdstore the Property or to pay scans secured by this Mortgage, whether.of not thendue. The 30-day period will begin when notice is given.Any application of piocceds to principal shallnot require us to extend or postpone the due date of monthly payments ar change the amount of monthly payments. If we acquire the Property at a forced sale foRowing your default,your right to any insurance proceeds resulting from damage to the Property prior to the acquisition shall pass to us to the extent of the saws secured.by this Mortgage immediately prior to the acquisition. You shall not permit anyeondidan to exist on:the Property which would,in any way,invalidate the'insurance coverage on the Property: 5. Preservation,Maintenance and Protection of the Propertyt Borrower's Loan Application; Leaseholds. You shall not destroy,damage,or substantially chango the property,allow the.Property to deferiorafe,or commit waste. You shall he its default if any forfeiture action or proceeding,whether civil or crirnina,is begun that in our good faith judgment could result in forfeiture of the Property or otherwise materially impair the lien created by this Mortgage or our security interest.You may cure such a default,as provided in Section 17,by causing the action or proceeding to be dismissed with a ruling that,in our good faith determination precludes forfeiture of your interest in the Property or other material impairment irment of the lien created by this Mortgage or our security interest. You shall also be in defsulrifyou,during the loan application process,gave materially false or inaccurate information or statements to us(or failed to provide us with any material information)in connection with the loan evidenced by the Agreement,including,but not.limited to, representations concerning your occupancy of the Property as a principal residence.If this Mortgage is on a leasehold,you shall comply with the lease..If ycu acquire fee title to the Property,the leasehold and fee title shall not merge unless we agree to the merger in writing. 6. Protection of Out Rights In the Property-,Mortgage WUtanee. If you fail to perforin the covenants and agreements contained in this Mortgage,or there is a legal proceeding that may significantly affedt our rights in the property(such as a proceeding in bankruptcy,probate,for cohdenihation or forfeiture or to enforce laws or regulations),thea we may do,and pay for,anything necessary.to protect the Property's value And our righs rights.in the Property. our.aetioos may include paying any sumsecured by a lien which has priority.. over this Mortgage or any advance under the Agreement or this Mortgage,appearing in court,paying reasonable attorn,4y's fees,paying any sums which you are required to pay under this Mortgage and Page 4 Bit ( 8.59PG0206 required to pay under this Mortgage and entering on the property to make repairs. We do not have to take any . action we are permitted to.take under,this paragraph Any amounts we pay under this paragraph shall become additional debts you owe us'and shall be secured by this Mortgage-These amounts shall bear interest from the disbursement date at the rate established under the Agreement and shall be payable,with interest,upon our request.,If we required mortgage insurance as a condition'of making the loan secured by this Mortgage;you shall pay the premiums for such insurance until such time as the requircrnem for the insurance terminates: 7. Inspection. We may enter and inspect.the Property at any reasonable time and upon, reasonable notice. S. Condemnation. The proceeds:of any award for damages,direct or consequential,in. connection with any condemnation or other taking ofany part of the Property,or for conveyance in lieu of Condemnation,are hereby assigned and shall he.paid to us.If the Property is abandoned,or if,after notice by us to you that the condemnor offers to make an award or settle a claim for damages,you fail to respond to us within 30 days after the date the,notice is given,we are authorized to collect and apply the proceeds,at our option,either to restoration or repair of tho Property or to the sums secured by this Mortgage,;whether or not then due. Unless we and you otherwise,agree in writing,any application of proceeds to principal shall not .extend or postpone the due date of the monthly payments payable under the Agreement and Section 1 or change the amount of such payments. 9. You Are Nol Released;Forbearance by Us Nota Waiver. Extension of time for payment or modification of amortization of the aunis secured by this Mortgage granted by us toany of your successors in interest shall not operate to release your liability or the liability of your successors in interest. We shall not be required to commence proceedings against any successor in interest,refuse to extend time for payment or otherwise modify amortization of the sums secured by this Mortgage byreason of any demand made.by you or your successors in interest. Our forbearance in exercising any right or remedy shall not w&e or preclude the exercise of any right or remedy. 10. Successors and Assigns Sound;Joint and Several Liability;Co-signers. The covenants and agreements of this Mortgage.shall bind and benefit your.successors and permitted assigns..Your covenants and agreements shall be joint and several.Anyone who co-signs this Mortgage but does not execute the Agreement. (a)is co-signing this.Mortgage only to mortgage,grant and convey such person's interest in the Property; not personally obligated to pay the Agreement,but is obligated to pay all other suras secured by"Mortgage; and(c)agrees that we and anyone else who signs this Mortgage may agree to extend,modify;forbear or make any accommodations regarding the terms of this Mortgage orthe Agreement without such person's consent Il. Loan Charges. If the loam secured,by this Mortgage is Subject to a law which sets maximum loan charges,and that laW is finally interpreted So that the interest or other'loon'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 arotint necessary to reduce the charge to the permitted limit;and(b)any sums already collected fr to you which exceed permitted limits will be refunded to you. We may choose to make this refund by reducing the principal owed under the Agreement or by making a direct payment to.you. .Ifs refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Agreeirent; Page 5 8K f 859PGO207 12. Notices. Unless otherwise required by law,any notice to you,provided for in this Mortgage shall be delivered or mailed by first class mail to the Property Address or any other address you designate by notice to us.'Unless otherwise required by law,any notice to us shall 6 given by fust class wail to our address stated above or any other address we designate by notice to you. Any notice provided for in this Mortgage shall be deemed to have becn•given to you or us when given is piovided in"this paragraph. 13. Governing Law;'Severability. The interpretation and enforcement of thisNdrtgage shall be governed by the law of the jurisdiction in which the Property is located,except as preempted by federal law. In the event that any provision or clause of this Mortgage or the Agrecinent conflicts with applicable law,such conflrctsbaIl not affect other provisions of this Mortgage or the Agreement whicli can be given effect without the conflictingprovisiou. To this end the provisions of this Mortgage and the Agreement are declared to be severable. 14. Transfer of the Proioerty. 1f all or anypart,of the Property or any interest in.it is sbld or transferred without our prior written consent,we may,.at our.option,require`immediate payment m full of all sunissecured by this Mortgage..llowever,this option shall not be;exercised by if exercise is prohibited by federal law as of the date of this Mortgage. 15. Sale of Agreement;Change of Lose Servicer. The Agreement.&a partial interest in the Agreementto ether with this Mortgage) ( gmay be-sold one of more times without prior nonce to you. A sale may result is a change in the entity(known as the"Loan Servieer")that collects monthly Payments due finder the Agreement and this Mort gage. There also maybe one or niore changbs of the Loan Servicer nnrdated to the sale of the Agreement. Iftkeie is'a change of the Loan Servicer youwill be given written notice of the chaage asrequired by applicable livi The notice will state the naine and address of the new Loan Servicer and The address to'Wbicb payments should be made. The notice will also contain any inforniation.required by applicable law. 16. Hazardous Substances.:You shall not cause or permit the presence use,disposal,storage;or release of any Hazardous Substances on or in the Property. You 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'not1 appy to the presence,use,or storage on the Property of Hazardous'Substances in quantities that are . generally recognized to be appropriate to normal residential uses and to maintenance of the"Propeirty. You shall promptly gyve us written notice of any investigation,claim,demand,lawsuit or otheraction'by'aiiy governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which you have actual knowledge. If you learn or are notified by any government or regulatory authority,that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, you shall promptly take ail necessary remedial actionsIin accordance with Envir unental.Law. As used m this Moitgage,"Hazardous Substances"are those substances defined as toxic or bazairdou substances by Enviromnerttal Law and the following substances:gasoline,kerosene,.other flammable or toxic petroleum products,toxic pesticides and herbicides,volatila solvents,materials containing asbestos or formaldehyde,and radioactive materials. As used in this Mortgage,"Environmental Law"means federal laws and laws ofthe jurisdiction where the Property is located that relate to health,safety.or environmental protection Page 6 gK1859FG0208 z4. Interest Rate Altar Judgment. You agree Oat the.interest:rate payable after a judgment is entered on the Agreement or in an action ofmortgage foreclosure shall be the rate payable from time to time under,the Agreement IN"VVITNESS WHEREOF,you have.hereunto set your hand and seal the day and year first above.wrhten. VI—EH-MAN Page 8 9K 18S�PG0210 17: Acceleration;*Remedies. Yon will be in"defaulttf(1)any payment ret;atired by the Agreement or this Mortgage is not made when it in due;:(2)we dlscover:that you have con"tted`fraud or made a material misrepresentation connection with the Agreement;(3);you take any aetlon or fail to take any action that adversely affects our security for the Agreement or.aay right we have In the Property;or(4)a courtdetermines that you are bankrupt or insolvent.,If a default occurs(other than under paragraph 14 hereof,unless applicable law provides otherwise)"we will give you notice spec[tying: (a)the default;(b)the action required to cure the default;.(c)when the default mutt be cured;and(d) Y that failure to cure the default as specified may result in.acceleration of the sums secured b this ;. Mortgage,'foreclosure by Judicial proceeding and sale of the Property. The notice shall further inform you of the right to reinstate after acceleration and the right to assertin the_foreclosure proceeding the nonexistence of a default or any ocher defense you maybave to accelers4ion and foreclosure, If the default is not cured as specified tithe notice,we,at our option,may declare all of the sums n�cured 6y this Mortgage to be Immediatelydue and payable without farther demand and,mgy foreclose thiel Mortgage by Judicial proceeding, We shall he entitled to collect In such proeeedin$all expenses of foreclosure,including,but not limited to,reasonable attorneys'feessus perndcedited by all expebse of and costs of title eAderrce. 18. Discontinuance of Enforcement. Notwithstanding our acceleration of the sums secured by this Mortgage under the provisions of Section 17,we may,in our sole discretion and upon such conditions as we in our sole discretion determine,discontinue any proceedings begun to enforce theterms ofthis Mortgage. 19. Release..Upon your request and payment of.all sums secured by this Mortgage,we shall discharge and satisfy this mortgage without charge to you, You shall pay any recardation costs. 28. Additional Charges, you agree to pay reasonable charges as allowed by law in connection with the servicing of this loan including,without limitation,the costs of obtaining tax searches and subordination. Provided,however,that nothing contained in this section is intended to create and shall not be construed to create any duty or obligation by us to perform any such act,or:to execute or consent to any such transaction or matter,except a release of the Mortgage upon full repayment;of all sums secured thereby. -21. Waivers. You,to the extent permitted by appycable.law,.waive and release any error:or defects in proceeding to enforce this Mortgage,and hereby waive 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. No waiver by us at any time of any term,provision or covenant contained in this Mortgage or in the Agreement secured hereby shall be deemed to be or construed as a waiver of any other term,provision or covenant or of the same term,provision of covenant at any other tiring. 22. Reinstatement Period. Your time to re3astate provided in"Section 17 shall extend to one hour prior to the commencement of bidding at a sheriffs sale or ether sale pursuant to this Mortgage. 23. Purchase Money Mortgage. If any of the debt secured by this Mortgage.is lent to you to acquire title to the Property,this Mortgage shall be a purchase money mortgage. Page 7 9K18-59PG0209 CERTIFICATE OF RESIDENCE OF MORTGAGEE I do bercb Y ce mfy that the precise;address:and principal place of business of the within named morigagee is: 1735 Market Street Philatlelphla,PA 19103 Citlzeus Bank of 1'eriac`vlragla , ..Title: Clerk: Please return to: CITMENS BANK Consumer.Loan Servicing-RTE212 480 Jefferson Boulevard Warwick,RI 02886 Page 9 B� i 8.50,FG02 l 1 4. .INDIVIDUAL ACKNOWLEDGMENT STATE OR COMMONWEALTH OF COUNTY OF, ►���P✓lam d )ss, On the day of.. y o0 before me—appeared— THOMAS ppeare THOMAS R VIEHMAN to me personally known to be the persons)whose name(s)is/are subscribed to this instrument, and such person(s)acknowledged that he/she/they(1)executed the same for the purposes therein contained,. And (li)executed this instrument as their free act and deed. IN WITNESS.WHEREOF, .l hereunto set and and official seal. P . (Official.AE ) Public Z e14 RFdZ N* fVOTjyyy,WA ... .0 r Attention Registry of Deeds/Town or Ci Clerk; 5 rY Mail to: Citizens Bank Consumer Finance Operations 480 Jefferson Boulevard Warwick, R102886 ACKPA-j/02 .9K 1859PGO2 12 a Exhibit A(Legal Description) ALL THAT PARCEL OF.LAND IN.B0ROU(3ft OF MECHANICSBURG,CUMBERLAND COUNTY,STATE OF PENNSYLVANIA, AS MORE FULLY 15ESCRIBED IN DEED BOOK 137,PAGE 463,ID#Il-13-0561-056, BEING KNOWN AND DESIGNATED AS METES AND BOUNDS PROPERTY DEED FILOM THOMAS R VIEHMAN AND JODI.A.VIEHMAN;HUSBAND AND WIFE ASSET FORTH I i DEED BOOK 137,. PAGE 463 DATED.04104/1996 AND RECORDED 0411111906,CUMERLAND COUNTY RECORDS;COMMONWEALTH OF PENNSYLVAl"i I Cep=tit`y Ohis to.be i`ec&ded ] 1 CLtrt1bo1'land Co,ulltY PA 040R,toord' 0-er of Deeds Page 4 ' i £359K0213 EXHIBIT "D " EXHIBIT "D" ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Borough of Mechanicsburg in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a stake on the Western line of James Street at the Northern line of a proposed fifty(50) foot wide street, on the hereinafter mentioned plan of lots; thence by the dividing line between Lot No. 98 and the said proposed fifty(50) foot wide street, South 66 degrees 43 minutes West, one hundred sixty-two and nine-tenths (162.9) feet to a stake; thence along the line of lands of Wilbur Fought,North 14 degrees 22 minutes West,ninety and thirty-three one- hundredths (90.33) feet to a point; thence by the dividing line between Lots Nos. 98 and 99, North 66 degrees 43 minutes East, one hundred sixty and five-tenths (160.5) feet to a point; thence along the Western line of James Street, South 16 degrees 16 minutes 34 seconds East, ninety(90) feet to a point, the place of BEGINNING. BEING Lot No. 98 on the Plan of Lots known as "Orchard Crest- Section`B", which plan is recorded in the Cumberland County Recorder's Office in Plan Book 10, Page 24. BEING the same property which Thomas R. Viehman and Jodi A. Viehman by Deed dated April 4, 1996 and recorded on April 11, 1996, with the Cumberland Recorder of Deeds Office in Deed Book 137,page 463, granted and conveyed unto-Thomas R. Viehman. EXHIBIT "E " Date: October 30, 2014 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM 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 EMERGENCYMORTGAGE 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 any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency maybe able to help explain it. You may also want to contact an attorney in your area. The local bar association maybe able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO 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. Vielnnan.Act91.103014 Page 1 of 6 HOMEOWNER'S NAME(S): Thomas R.Viehman PROPERTY ADDRESS: 917 East Coover Street Mechanicsburg,PA 17055 LOAN ACCT.NO.: - ORIGINAL LENDER: Citizens Bank of Pennsylvania CURRENT LENDER/SERVICER: Citizens Bank of Pennsylvania HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH 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 STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice(plus three(3) days for mailing). During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY-THREE (33) DAYS OF THE DATE OF THIS NOTICE IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE,YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the properly is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so,you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA and received within thirty(30) days of your face-to-face meeting with the counseling agency. YOU SHOULD FILE A HEMAP APPLICATIONAS SOONAS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE". Vielunan.Act91.103014 Page 2 of 6 YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME .PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION -- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY,THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT --The MORTGAGE debt held by the above lender on your property located at: 917 EAST COOVER STREET,MECHANICSBURG,PA 17055 IS SERIOUSLY IN DEFAULT because: (1) THE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: the variable monthly payments from October 13, 2013, through October 13 2014 in the amounts of$284.36 $321.58 $311.20, $321.58, $321.58, $290.45, $1,162.98, $1,152.60, $1,162.98, $1,152.61, $1,162.97, $1,162.98 and$1,152.60, respectively. Other charges (explain/itemize): $244.70 late charges TOTAL AMOUNT PAST DUE: $10,205.17 HOW TO CURE THE DEFAULT --You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $10,205.17, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash cashier's check, certified check or money order made payable to CITIZENS BANK OF PENNSYLVANIA and sent to: Lauren Berschler Karl, Esquire 9800B McKnight Road, Suite 230 Pittsburgh, PA 15237 Telephone: (412) 837-1164 Fax: (412) 837-2648 IF YOU DO NOT CURE THE DEFAULT -- If you do not cure the default within THIRTY(30)DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. Vielnnan.Act91.103014 Page 3 of 6 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 attorney's fees actually incurred by the lender even if they exceed$50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY 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 paving 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 another costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE -- It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately 6 months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course,the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Citizens Bank of Pennsylvania Address: 10561 Telegraph Road, Glen Allen,VA 23059 Phone Number: 804-627-4240 Fax Number: 804-627-5711 Contact Person: William P. Kempf E-Mail Address: William.P.KempfArbscitizens.com EFFECT OF SHERIFF'S SALE -- You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs 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 or X_ may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. 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. Vielunan.Act91,103014 Page 4 of 6 • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER,YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY Advantage Credit Counseling Service/CCCS of Western PA Community Action Commission of Capital Region 2000 Linglestown Road 1514 Derry Street Harrisburg,PA 17102 Harrisburg,PA 17104 888-511-2227 717-232-9757 Housing Alliance of York/Y Housing Resources Maranatha 290 West Market Street 43 Philadelphia Avenue York,PA 17401 Waynesboro,PA 17268 717-845-2601 717-762-3285 PathStone Corporation PathStone Corporation 1625 North Front St 450 Cleveland Ave Harrisburg,PA 17102 Chambersburg,PA 17201 717-234-6616 717-264-5913 PA Interfaith Community Programs Inc PHFA 40 E High Street 211 North Front Street Gettysburg,PA 17325 Harrisburg,PA 17110 717-334-1518 717-780-3940 800-342-2397 NOTICE PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT 1. This communication is from a debt collector. This is an attempt to collect a debt and any information obtained will be used for that purpose. 2. Unless you dispute the validity of this debt or any portion thereof,within 30 days after receipt of this notice, the debt will be assumed to be valid by our offices. 3. If you notify our offices in writing within 30 days of receipt of this notice that the debt, or any portion thereof is disputed, our offices will provide you with verification of the debt or a copy of the Judgment against you and a copy of such verification or judgment will be mailed to you by our offices. 4. If you make a written request for it within 30 days hereof, I will also send you the name and address of the original creditor, if different from Citizens Bank of Pennsylvania. Viehman.Act91.103014 Page 5 of 6 IMPORTANT NOTICE TO SERVICEMEMBERS AND THEIR DEPENDENTS If you are a servicemember who is, or recently was on"active duty" or"active service"or a dependent of a servicemember,you may be entitled to certain legal rights and protections including protection from foreclosure or eviction pursuant to the Servicemembers Civil Relief Act(50 USC App. §501-596), as amended (the SCRA) and possibly certain similar state statutes. If you believe you may be entitled to rights and protections under SORA,please contact Consumer Finance Customer Service at 1-800-708-6680. V ielunan.Act91.103014 Page 6 of 6 - I ITEM ME ■ . t.rl . Ln Ln , C Ir Postage $ 0 - 10 `Q .rsy `�• Certified Fee10 � O � � r`f Postmark O Return Receipt Fee Here;-, ; O (Endorsement Required) 2 •�V .1 �+ _� O Restricted Delivery Fee (Endorsement Required) ` . , i t rV Total Postage&Fear s �, � e�Q � 11 Q(`?G� ..__ ---------------------r-----_. w Str A o•: c or x C S OO -- H- (�---- ----- ------------ --....•------ A. Sign ❑Agent ■ Complete items 1,2,and 3.Also complete ❑Addressee ; I item 4 if Restricted Delivery is desired. X Date of Delivery + ■ Print your name and address on the reverse e. Re e' ed b Printed Name). j so that we can return the card toy � . i V ■ Attach this card to the back of the mailpiece, D Is delivery address differentfrom Item 1? 13 Yes or on the front if space permits. U No . if YES,enter delivery address below 1Article Addressed to: : zr . 3. Service Type Ex ress' Certified Mail's C]Priority Mall P, Return Receipt for MerclSani : i ❑Registered p insured Mall [3 Collect 66 DOM. Extra Fee) 17.Yes 4. Restricted Delivery.;(, •.,..�.;, 2. Article Number 7 014 1200 00 2 2 ��� r (Transfer from service label) Domestic Return Recerp..- PS Form 3811,July 2013 - - it FORM 1 CITIZENS BANK OF PENNSYLVANIA IN THE COURT OF COMMON PLEAS of CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) .w VS. THOMAS R. VIEHMAN AND THE UNITED STATES OF AMERICA p 1 Defendant(s) ` - LA_-1 Civil NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in a court-supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer you must take the following steps to be eligible for a conciliation conference. First,within twenty(20)days of your receipt of this notice,you must contact MidPenn Legal Services at(717)243-9400 extension 2510 or(800)822-5288 extension 2510 and request appointment of a legal representative, at no charge to you. Once you have been appointed a legal representative, you must promptly meet with the legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto,the legal representative will prepare and file a Request for Conciliation Conference with the Court,which must be filed with the Court within sixty(60)days of the service upon you of the foreclosure complaint. IF you do so and a conciliation conference is scheduled,you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However,you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto,your lawyer will prepare and file a Request for Conciliation Conference with the Court,which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled,you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Re ectfully submitted: \��\s �C�a Q Date Si ature of Cou;sel for Plaintiff FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket# BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance,your lender must consider your circumstances to determine possible options while working with your Please provide the following information to the best of your knowledge: APPLICATIONCUSTOMERIPRIMARY Borrower name(s): Property Address: City: State: Zip: Is the property for sale? Yes❑ No❑ Listing date: Price:$ Realtor Name: Realtor Phone: Borrower Occupied: Yes❑ No❑ Mailing Address(if different) City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: #of people in household: How long? CO BORROWER Mailing Address: City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: #of people in household: How long? FINANCIAL INFORMATION First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount:$ Included Taxes and Insurance: Date of Last Payment: Primary Reason for Default: Is the loan in Bankruptcy? Yes❑ No❑ If yes,provide names, location of court,case number&attorney: Assets Amount Owed: Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile#1: Model: Year: _ Amount owed: Value: Automobile#2: Model: Year: Amount owed: Value: Other transportation(automobiles boats motorcycles)• Model: Year: Amount owed: Value: Monthly Income Name of Employers: 1. Monthly Gross Monthly Net 2. Monthly Gross Monthly Net 3. Monthly Gross Monthly Net Additional Income Description(not wages): 1. Monthly Amount: 2. Monthly Amount: Borrower Pay Days: Co-Borrower Pay Days: Monthly Expenses:(Please only include expenses you are currently paving) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2" Mortgage Utilities Car Payment(s) Condo/Neigh.Fees Auto Insurance Med.(not covered) Auto fuel/repairs Other Prop. Payment Install. Loan Payment Cable TV Child Support/Alim. Spending Money Day/Child Care/Tuft. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income and Expenses: Have you been working with a Housing Counseling Agency? Yes❑ No❑ If yes, please provide the following information: Counseling Agency: Counselor: Phone(Office): Fax: Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes Fj No [] If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Please provide the following information, if know, regarding your lender or lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company(Name): Contact: Phone:— . - , I/We, named , authorize the above to use/refer this information to my lender/servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I/we understand that I/we am/are under no obligation to use the services provided by the above named Borrower Signature Date Borrower Signature Date Please forward this document along with the following information to lender and lender counsel: V Proof on income V Past 2 bank statements V Proof of any expected income for the last 45 days V Copy of a current utility bill V Letter explaining reason for delinquency and any supporting documentation V (hardship letter) Listing agreement(if property is currently on the market) V Copy of 2 years of federal income tax returns V Copy of deed