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HomeMy WebLinkAbout15-0139 Supreme nnsylvania Cour f C0%1no Pleas For Prothonotary Use Only. v r, Docket No: Ihet 7 , N_� "I MR it County 161,5-00 1,39 The information collected on this form is used solely for court administration purposes. Yhis form does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: S Complaint 0 Writ of Summons r-J1 Petition E Transfer from Another Jurisdiction Declaration of Taking C Lead Plaintiff's Name: Lead Defendant's Name: CITIZENS BANK OF PENNSYLVANIA BILLY J. WARD, BARBARA S. WARD AND THE USA T Are money damages requested? IM Yes M No Dollar Amount Requested: M within arbitration limits (check one) IM outside arbitration limits 0 N Is this a Class Action Suit? E3 Yes IM No Is this an MDJAppeal? E3 Yes ED No A Name of Plaintiff/Appellant's Attorney: Lauren Berschler Karl, Esquire 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 include Judgments) CIVIL APPEALS Intentional [2 Buyer Plaintiff Administrative Agencies Malicious Prosecution 0 Debt Collection:Credit Card (3 Board of Assessment Motor Vehicle 13 Debt Collection:Other M Board of Elections Nuisance E3 Dept.of Transportation Premises Liability n Statutory Appeal:Other S Product Liability(does not include E mass tor) ril Employment Dispute: Slander/Libel/Defamation Discrimination. n C 0 Other: Employment Dispute:Other Q Zoning Board T Other: Other: o MASS TORT 0 Asbestos N rl Tobacco n Toxic Tort-DES [3 Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS r7i Toxic Waste Ejectment Other: 0 Common Law/Statutory Arbitration r.11 Eminent Domain/Condemnation [3 Declaratory Judgment B Ground Rent Mandamus Landlord/Tenant Dispute E3 Non-Domestic Relations F1 Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY Mortgage Foreclosure:Commercial 0 Quo Warranto n Dental 0 Partition 13 Replevin E] Legal 0 Quiet Title 12 Other: [3 Medical [3 Other: Other Professional: L Updated 11112011 i 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 Plaintiff, V. NO.: 02015- bo 1.3q BILLY J. WARD AND c-- BARBARA S.WARD 6017 Wertzville Road Enola,PA 17025 -�- AND THE UNITED STATES OF AMERICA _ c/o The United States Attorneys' Office `` r 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 O 1-800-990-9108 717-249-3166 1/,6.r7,5 pD 9T7Y q&45 FORM 1 CITIZENS BANK OF PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) VS. BILLY J. WARD, BARBARA S. WARD AND THE UNITED STATES OF ADefendants) 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. Respectfully submitted: 1 -I�t) 4allu A �� I Date SidAture 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: 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 . - 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: Amount owed: Value: Year: 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 MonthlyNet 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 F-1 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 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 Plaintiff, V. NO.. BILLY J. WARD AND BARBARA S. WARD 6017 Wertzville Road Enola,PA 17025 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 represents as follows: 1. Plaintiff, Citizens Bank of Pennsylvania, ("Citizens'), is a state chartered bank with a place of business at 10561 Telegraph Road, Glen Allen, VA 23059. 2. Defendants, Billy J. Ward and Barbara S. Ward, are adult individuals who are believed to reside at 6017 Wertzville Road, Enola, PA 17025. 3. Defendants, Billy J. Ward and Barbara S. Ward, ("Defendants"), are the owners of record of a certain parcel of residential real estate located in Cumberland County known by the following street address: 6017 Wertzville Road, Enola, PA 17025 (the "Property"). -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 two (2) federal tax liens which were filed against the tax payers and Defendants, Billy J. Ward and Barbara S. Ward, individually. 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 March 3, 2014, filed as Docket No. 14-1226-FTL, in the amount of$26,224.96, against the taxpayer, Barbara S. Ward. A true and correct copy of the Federal Tax Lien is attached hereto as Exhibit "A.91 7. 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, 2014, filed as Docket No. 14-3294-FTL, in the amount of$26,224.96, against the taxpayer, Billy J. Ward. A true and correct copy of the Federal Tax Lien is attached hereto as Exhibit `B." 8. On November 5, 2010, Defendant, Billy J. Ward, only, executed a Line of Credit Agreement in the original principal amount of$100,000.00 (the"Note"). A true and correct copy of the Note is attached hereto as Exhibit"C." -3- 9. The Note was secured by a mortgage granting a lien upon the Property(the "Mortgage"), made, executed and delivered to Citizens on November 5, 2010, by Defendants and was duly recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania on December 1, 2010, as Instrument No. 201035142. A true and correct copy of the Mortgage is attached hereto as Exhibit"D." 10. The Mortgage incorporates a Master Mortgage which was recorded with the Cumberland County Recorder of Deeds Office as Instrument Number 200747167, and is attached hereto as Exhibit "E." 11. The Property subject to the Mortgage is described as set forth in Exhibit "F" which is attached hereto and incorporated herein by reference. 12. Monthly payments have not been tendered as required under the terms of the Note, Mortgage and Master Mortgage. 13. The failure to make the monthly payments constitutes a default under the terms of the Note, Mortgage and Master Mortgage. 14. The loan is past due from June 2013. 15. Pursuant to the terms of the Note, Mortgage and Master Mortgage, Defendants are obligated to Citizens for the following sums as of December 22, 2014: Principal $ 99,812.98 Accrued Interest (through 12/22/14) 7,970.56 Accrued Late Charges 353.53 Annual Fee 50.00 Title Reports 350.00 Attorneys Fees 4,990.65 Attorneys Costs 16.44 TOTAL REAL DEBT $ 113,544.16 Interest continues to accrue at the per diem rate of$12.96. -4- 16. On August 28, 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 Defendants as evidenced by the Certificates of Mailing attached hereto and incorporated herein as Exhibit "G." WHEREFORE, Plaintiff, Citizens Bank of Pennsylvania, demands Judgment in Mortgage Foreclosure in its favor and against Defendants, Billy J. Ward and Barbara S. Ward, in the amount of$113,544.16, plus continuing interest at the per diem rate of$12.96, from December 22, 2014, and any and all additional attorneys fees and costs and any other costs and charges collectible under the Note, Mortgage and Master Mortgage and for the foreclosure and sale of the Property and against the United States of America in order to divest their two (2) federal tax liens in the amount of$52,449.92. Respectfully submitted, THE LAW OFFICES OF LAUREN BERSCHLER KARL, LLC. BY: ilren Bers ler Karl, Esquire At for Plaintiff, Date: �I �� 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: Date: dpkMPF WILLI -6- EXHIBIT 66A " o 11883 Form 668(y)(c) Department of the Treasury-Internal Revenue Service iRa,..February 2004) Notice of Fetierai Tax Lien Area: SMALL HQSINESS SELF Serial Number For Optional Use by Recording Office j Lien.Unit Phone: (80Q) 9x605oD AREA #2 985721914 As provided by section 6321, 6322,and 6323 of the Internal Revemfe 7L Code,we are giving a notice that taxes(including Interest and penalties) have Leen assessed against the folfowingnamed taxpayer.We have rade there is a lien : a demand for Payment of this liability, but it remains unpaid.Therefore, !n favor of the United States on all property and rights to _ property belonging to this taxpayer for the hese taxes, and amout additional penalties, interest, and cnii of tosts that may accrueGX: ~ ) Name of Taxpayer BARBARA S WARD x Fri€' rnr� -.r'rl rz LO ©t' Residence 6017 WERTZVILLE ROAD Cb ENOLA, PA 17025 Dry nc IMPORTANT RELEASE INFORMATION.For each assessment listed%fi --unless notice of the lien is refiled by the date given 16 column(e),this noti ✓on the day following such date, operate as a certificate of release as ASD�p�/. 0 rin IRC 5325(a).Tax PeriodDate of 3aa3 GKind of Tax Ei di;g Identifying Number Assessment for. Unpaid Balance (a gof Assessment c (d).6672 06./30/2011 XXX-XX-5940 09/p9/201320236672 09/30/2011 XXX-XX-5940 09/09/20132023 570.536.672 0.3/31/2012 XXX-XX-5940 09/09/20132023 5624...88 6672 06/30/2012 XXX-XX-5940 09/09/2013 10/09/2023 8291.40 6672 09/30/2012 XXX-XX-5940 . 09/09/2013 10/09/2023 4869.87 6672 12/31/2012 XXX-XX-5940 09/09/2013 10/09/2023 2956,36 3912.32 i j E Place of Filing Prothonotary Cumberland County Tota( Carlisle, PA 17013 $ 26224.96 i This notice was prepared and signed at DETROIT, MI on this, the 2.Oth day of . February . 2014 � Signature Title for LINDSEY O BOWLIN REVENUE OFFICER 22-06-1413 (717) 777-9623 (NOTE:Certificate of officer authorized by law to take acknowledgment Is not essential to the validity of Not)ee of Federal Tax lien Rev..Rul.7,1-466,1971--2 C.B.409) Part I-Kept By Recording office Form 668(y)(c)(Rev.2.20041 E t EXHIBIT "B " E 11883 Department of the Treasury-Internal Revenue Service Forltt 668 X1%4) Notice of Federal Tax Lien For Optional Use b Recordi Area: Seria(Number � n iq Office SMALL BUSINESS/SELF EMPLOYED AREA #2 Lien Unit Phone: (800) 829-3903 10.1316514 As provided by section 632 t, 6322,and 6323 of the Internal Revenue Code,we are giving a notice that taxes(including interest and penalties) have been assessed against the following-named taxpayer.We have made 1 . a demand for payment of this liability,but It remains unpaid.Therefore, there is a lien in favor of the United Stales on all property and rights to property belonging to this taxpayer for the amount of these`taxes,and additional penalties,interest, and costs that may accrue. 4c Name of Taxpayer BILLY J WARD c v� r� r: Residence 6017 .WERTZVILLE RD ENOLAI PA 17025-1178 IMPORTANT RELEASE INFORMATION:For each assessment listed below, unless notice of the Tien is refiled by the date given 16 column(e),this hbtice shall, Fin the day following such date, operate as a certificate of release as defined 's�p o1h in IRC 6325(a), _ Tax Period battof Last pay for Unpaid Balance Kind of Tax Ending Identifying Number Assessment Refll ng of Assessment (a) b c . .(d) e in I CTAP 66/30/2011 )M-3{X-0224 09/09/2013 10/09/2b23 .57oi53 CIVP 09/30/2011 XXX=XX=0224 09/09/2013 10/09/2023 5624.88 CIVP 03/31/2012 XXX-XX-0224 09/09/2013 10/09/2023 8291:40 CIVP 06/30/2012 XXX-XX-0224 .09/0,9/2013 10/09/2023 4869.47 CIVP 09/30/2012 XXX-XX-0224 09/09/2013 10/09/2023 2956.36 CIVP 12/31/2012 XXX-XX-0224 09/09/2013 10/69/2023 39121.32 i Place of Filing Pr6th6notary Comberlaad County Total $ 26224.96 Carlisle, PA 17013 This notice was prepared and s1g11ed at DETROIT, MI ;onl this; the 22nd day of._..Mai' 2014 Signature =ATl8t%S6 �` SB'S for P.A: BELTON ) '829-3903 (NOTE:Certificate of office?auth6tized by law to take aal0iftledgfniint is not essential to the VelidiN of Notice of Federal lax lien Rev.Rul:71-468,1971='2 C.B.409) Part t•Kept By Itecordina Office Form bbl3(C0,NO NO 2.20041 CATfi0025X EXHIBIT "C " t.. IIIII IIIIIIIII I o.6 Citizens Bank SECONDARY MORTGAGE LOAN i HOME EQUITY LINE OF CREDIT AGREEMENT Borrower(s): BILLY J WARD Lender: Citizens Bank of Pennsylvania 1735 Market Street Philadelphia,PA 19103 Date of Agreement: 11/05/2010 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 Pennsylvania 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 Citizens 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, ifnot 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 us in the Commonwealth of Pennsylvania,following the expiration of the right to cancel,the perfection of the Mortgage,and the meeting of all of 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$100,000-00 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 charges 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. O 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),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 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. 11/04/2010 i gelFloorPPP_P Rev 01/10 F Page 2 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 pay the outstanding balance over 15 years(the"repayment period'). During the repayment period, i payments will be due monthly. Your minimun monthly payment will equal 1/180th of the balance that was outstanding at the end of the draw period plus the finance charges that have accrued on the remaining balance,plus any amount past due and all other charges or$20.00; whichever is greater. d) Payments All payments must be made by a check,money order,or other instrument in U.S.dollars and must be received by us at the remittance address shown on your periodic billing statement. Payments received at that address on any business day will be credited to your Credit Line as of the date received so that finance and other charges will not accrue,however,the Lender may delay for a reasonable time the availability of the funds until Lender has had an opportunity to confirm the validity of the payment. Payments may also be made at any of our branch offices.You may also make payments by authorizing us to debit your Citizens Bank checking account each month in the amount of the Minimum Payment.Payments sent by mail must be mailed early enough to insure receipt by us on the Payment Due Date. 4. Application of Payments. Unless otherwise agreed or required by applicable law,during the Draw Period,payments and other credits will be applied in the following order:to the oldest unpaid billings first,and then sequentially to any other unpaid billings from the oldest to the most current.Payments in excess of billed amounts will be credited to your account.During the Repayment Period,your payments will be applied in the following order,assuming that it is made by the Payment Due Date:(a)The interest portion of the unpaid Minimum Payment;and(b)any additional amount paid that exceeds interest due will next be applied to the principal portion of the unpaid Minimum Payment. If you make a payment greater than the Minimum Payment,but less than the Total Due shown on your periodic statement you will still be required to make the Minimum Payments in the months that follow.We will refund to you any credit balance upon request if there is a credit balance on the date we receive the refund request. 5. Credit Limit. This Agreement covers a revolving line of credit for$ :L00,000-00 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. I 6.How to Use the Credit Line. You may obtain credit advances under your Credit Line by writing a preprinted"check"that we will supply to you.Credit Line 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 default under 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 you.We may also provide 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 of you telling us not to give advances to the other. Any such instructions will not be followed by us. However,any one of you may cancel your Credit Line under paragraph 30,"Cancellation by You". Page 3 j 7. 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. (c) Your checks have been reported lost or stolen. (d) Your check is not signed by an"Authorized Signer"as defined below. (e) Your Credit Line has been terminated or suspended as provided in this Agreement or could be if we paid the check. (f)You are in violation of any other transaction requirement or would be if we paid the check. If we pay any check under these circumstances,you must repay us,subject to applicable laws,for the amount of the check.The check itself will be evidence of your debt to us together with this Agreement. Our liability,if any,for wrongful dishonor of a check is limited to your actual damages.Dishonor for any reason as provided in this Agreement is not wrongful dishonor. 8. Authorized Signers. The words"Authorized Signer"on checks as used in this Agreement mean and I 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 j Account.You therefore should not use your Credit Line Account if you anticipate the need to stop payment.You agree that we will have no liability to you or to any other party because we do not honor stop payment orders. 10. Lost Checks. If you lose your checks or someone is using them without your permission,you agree to notify us immediately.The fastest way to notify us is by calling us at(800)922-9999.You also can notify us at Citizens Bank,Consumer Loan Servicing,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. If you do not pay your property taxes,we may charge your Credit Line and pay the delinquent taxes. Any amount so charged to your Credit Line will be a credit advance and will decrease the funds available,if any,under the Credit Line. However,we have no obligation to provide any of the credit advances referred to in this paragraph. 12. Collateral.This Agreement is secured by a Mortgage dated 11/05/2010 to us on property located in CUMBERLAND County,State or Commonwealth 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. IMPORTANT NOTICE ABOUT YOUR REAL PROPERTY COLLATERAL: If the deed to the property you are pledging as security for this loan includes more than one parcel of land,the mortgage you are requesting will be secured by ALL parcels described in your deed.If your deed contains more than one parcel of land and you do not want to pledge all of them as security for your loan you should contact your legal representative. 13. Insurance.You must obtain insurance on the Property securing this Agreement through any company of your choice that is reasonably satisfactory to us for the lesser of the replacement cost of the buildings or appurtenances on the Property or the amount of the Credit Line plus any priority liens. You must name Citizens Bank of Pennsylvania as its interests may appear as mortgagee on all required insurance policies.The insurance you maintain must provide for Ten(10)days notice of cancellation to us.If the Property is located in a designated Flood Zone,you must also maintain flood insurance on the Property. Subject to applicable law,if you fail to obtain or maintain insurance as required herein or in the Mortgage,we may purchase insurance to protect our own interest,add the premium to your balance, pursue any other remedies available to us,or do any one or more of these things. In the event the Borrower fails to obtain and maintain any insurance on the Property required by the Lender,the Borrower 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 j agrees to pay the bill immediately).The Borrower agrees to pay interest on any such amounts at the interest rate provided in the Agreement until such amounts are repaid in full.The Borrower understands and acknowledges that any insurance obtained and maintained by the Lender may(i)only protect the interests of the Lender and any other creditor with a prior mortgage on the Property,and(ii)be more expensive than insurance obtained and maintained by the Borrower. 1 Page 4 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 interest in,and hereby assign,convey,deliver,pledge,and transfer to us all right,title and interest in and to,your accounts with us(whether checking,savings,or i some other account),including without limitation all accounts held jointly with someone else and all accounts you may open in the future,excluding however all IRA,Keogh,and trust accounts. You authorize us,to the extent permitted by applicable law,to charge or set off all sums owing under this 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,FINANCE CHARGES, insurance,and other charges,your Previous Total Balance,and your New Total Balance. Your 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 be correct and accepted by you unless we are notified in writing of any alleged errors within 60 days after receipt. 16. FINANCE CHARGES. You will pay a FINANCE CHARGE on the outstanding amount of the principal balance under your Credit Line,once each billing cycle during the Draw Period and the Repayment Period.The FINANCE CHARGE will begin to accrue on the date advances are posted to your Credit Line Account. There is no"grace period"which would allow you to avoid a FINANCE CHARGE on your Credit Line advances. FINANCE CHARGES do not accrue on any undisbursed proceeds. 17. Method Used to Determine the Balance on Which the FINANCE CHARGE Will Be Computed. We figure the FINANCE CHARGE on your account by applying the daily periodic rate to the average daily balance of your Credit Line Account and then multiply by the number of days in the billing cycle. To get the average daily balance,we take the total beginning balance of your Credit Line Account each day and add new advances and subtract the principal portion of any payments and credits. The beginning balance for the period is the New Principal Balance amount from your previous statement. To determine the principal portion of a payment,subtract any unpaid FINANCE CHARGES then insurance premiums (if any)and membership fees and other charges(if applicable). This gives us the daily principal balance each day. Then we add up all the daily principal balances for the billing cycle and divide the total by the number of days in the billing cycle(the number of days since your last statement). This gives us the average daily balance. The average daily balance does not include finance charges,insurance premiums, membership fees or other charges. 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 CHARGE assessed for the billing cycle. 19.Periodic Rate and Corresponding ANNUAL PERCENTAGE RATE. We will determine the Periodic Rate and the corresponding ANNUAL PERCENTAGE RATE as follows. We start with an independent index,(the"Index"),which is The Wall Street Journal Prime Rate,published daily in the listing of"Money Rates."We will use the Index value published on the last business day of each month for any ANNUAL PERCENTAGE RATE adjustment.If the Index is no longer available,we will choose a new Index and margin. The new Index will have an historical 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 original Index becomes unavailable.The Index is not necessarily the lowest rate charged by us on our loans.To determine the Periodic Rate that will apply to your Credit Line Account,we add a margin to the value of the Index,then divide the value by the number of days in a year(daily).To obtain the ANNUAL PERCENTAGE RATE,we multiply the Periodic Rate by the number of days in a year(daily).This result is the ANNUAL PERCENTAGE RATE.The ANNUAL PERCENTAGE RATE includes only interest and no other costs. i The Periodic Rate and the corresponding ANNUAL PERCENTAGE RATE on your Credit Line will increase or decrease as the Index increases or decreases from time to time.Any increase in the Periodic Rate will take the form of higher payment amounts.Adjustments to the Periodic Rate and the corresponding ANNUAL PERCENTAGE RATE resulting from changes in the Index will take effect on the first day of the next billing cycle. The maximum ANNUAL PERCENTAGE RATE during the Draw Period of your Credit Line will be 18.000%. The maximum ANNUAL PERCENTAGE RATE during the Repayment Period of your Credit Line will be 18.000% or the maximum rate allowed by applicable law.In no event will the ANNUAL PERCENTAGE RATE be less than 2.500%during the life of your Credit Line.As of the date this Agreement was printed,the Index is3.25 %per annum. Based on that Index value,we estimate that the initial Periodic Rate and the corresponding ANNUAL PERCENTAGE RATE on your Credit Line for the first billing Page 5 . i cycle will be as stated below: The initial Periodic Rate and corresponding ANNUAL PERCENTAGE RATE actually in effect during the fust billing cycle,which will be disclosed on your first periodic statement,may differ from these estimates if the Index changes between the date this Agreement was printed and the date you sign this Agreement. Margin Added ANNUAL Daily Periodic 1.490 4.74000% 0.01299+b 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 may increase if you exercise this option to convert to a fixed rate. The fixed rate will be determined as follows. The ANNUAL PERCENTAGE RATE will be fixed during the entire Repayment Period and will be equal to 2%3%added to the Index which is in effect on the date that the final Draw Period payment is due,but will not be more than 18.00%. In the event the Prime Rate is published as a range of rates,then the lowest rate published shall be the Index. If The Wali Street Journal ceases publication of the Prime Rate we may select a substantially similar Index which we will use to determine the ANNUAL PERCENTAGE RATE for the Repayment Period. In no event shall the Finance Charge exceed that allowable under any applicable law. If it is determined that the Finance Charge would,except for this provision,exceed the maximum rate allowable,all excess payments shall be considered to be payments on the principal balance due hereunder and shall be applied accordingly. 21. 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 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. 22(a). Late Charges. Depending on the state or commonwealth identified above,your late fee will be calculated as follows: Your payment will be late if it is not received by us within 15 days of the"Payment Due Date" shown on your periodic statement. If your payment is late,we may charge you 5.000%of the payment or$20.00,whichever is less. 22(b).PREPAYMENT: If you payoff the entire balance and close your line of credit account before the due date,you will not have to pay a fee. 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; (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. I Page 6 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; (d) Government action prevents us from imposing the ANNUAL PERCENTAGE RATE provided for under this Agreement,or impairs our security interest such that the value of the Property is less than 120 percent of the credit line; (e)We have been notified by governmental authority that continued advances may constitute an unsafe and unsound business practice.We may charge your account for appraisal and Credit Report fees we incur in investigating whether any condition permitting us to suspend your credit privileges or reduce your credit limit continues to exist; (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 checks or other Credit Line access devices not returned to us. 25. Change in Terms. We may make changes to the terms of this Agreement if you agree to the change in writing at that time,if the change will unequivocally benefit you throughout the remainder of your Credit Line Account,or if the change is insignificant(such as changes relating to our data processing systems). 26. Collection Costs. If you fail to abide by any terms of this Agreement,and if we are permitted to do so by applicable law,we may hire or pay someone else to help collect your Credit Line Account.You will pay all reasonable collections costs,including reasonable attorney's fees incurred by us in the collection of amounts due under this Agreement to the extent not prohibited by applicable law.This includes,subject to any limits under applicable law,our legal expenses whether or not there is a lawsuit and legal expenses for bankruptcy proceedings(including efforts to modify or vacate any automatic stay of injunction),appeals,and any anticipated post judgment collection services. 27. Delay In Enforcement. Failure at any time by us to exercise any of our rights hereunder shall not constitute a waiver of our right to exercise the same at a later time. 28. Default.You will be in default under this Agreement if any of the following occurs,each of which constitutes a breach of a material obligation of yours under this Agreement: (a) You fail to make any payment when due or to pay any 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 i property of yours that is in our possession is an example of a failure to act that would adversely affect our security or security interest); (c) A court determines that you are bankrupt or insolvent;or (d) You gave or give us false or materially misleading information in connection with any extension of credit to you under your Credit Line Account. Page 7 29. Results of Default. If you are in default,we may lower your Credit Limit,we may refuse to make ' any further advances 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 prohibited 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 rights and remedies under this agreement and the Mortgage,we reserve the right to honor the check or other device used to obtain an advance without permanently raising your credit limit.If we honor the check or other device,the amount that is more than your credit limit will be due and payable immediately. 30. Cancellation by You.If you cancel your 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 and you will continue to remain liable for any further credit advances. 31. Prepayment.You may make additional payments or may pay back more than the Minimum Payment Due at any time without penalty,subject to Section 22(b),except we will be entitled to receive all accrued FINANCE CHARGES,and other charges,if any. Payments in excess of your Minimum Payment will not 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 payment with"Paid in Full"or with similar language,we may accept the payment,and you will remain obligated to pay any further amount owed to us under this Agreement. 32. Notices. All notices will be sent to your address as shown in this Agreement unless you notify us in writing of any change in your address or name within thirty(30)days of the change. On joint accounts, notices sent to one will be considered notice sent to all. 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. i i 35. Transfer or Assignment.Without prior notice or approval from you,we reserve the right to sell or transfer your Credit Line Account to another lender,entity,or person,and to assign 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. 36. NEGATIVE INFORMATION: We may report information about your account to credit bureaus. Late payments,missed payments,or other defaults on your account may be reflected in your credit report. I 37. Tax Deductibility.You understand that Lender makes no representation or warranty whatsoever i concerning the tax consequences of this Credit Line Account,including the deductibility of interest,and that you should consult with your own tax advisor for guidance on this subject.You also agree that Lender shall not be liable in any manner whatsoever should the interest paid on the Credit Line Account not be deductible. 38. Governing Law. This Agreement is governed by federal law and to the extent not preempted,by the laws of the Commonwealth of Pennsylvania.To the extent that federal law preempts state law,this Agreement is governed by federal law.If any provision of this Agreement conflicts with any existing or 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. Page 8 39. Interpretation. 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 not be enforced,that fact by itself will not mean that the rest of this Agreement will not be valid or enforced.Therefore,a court may enforce the rest of the provisions of this Agreement even if a provision of this Agreement may be found to be invalid or unenforceable.If we go to court for any reason,we can use a copy,filmed or electronic,of any periodic statement,this Agreement,the Mortgage,or any other document to prove what you owe us or that a transaction has taken place.The copy,microfilm,microfiche,or optical image will have the same validity as the original.You agree that,except to the extent you can show there is a billing error,your most current periodic statement is the best evidence of your obligation to pay. 40. Acknowledgment.You understand and agree to the terms and conditions in this Agreement.By signing this Agreement,you acknowledge that you have read this 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. 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 Bank of Pennsylvania 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 reasonably acceptable to us. You are not required to deal with any of our affiliates when choosing an insurance agent or insurance company. Your choice of a particular insurance agent or insurance company will not affect our credit decision,so long as the insurance provides adequat 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 PO Box 42008 Providence,RI 02940-2008 (800)709-6680 i Authorization of Payments to Third Parties $ 100,000-00 Credit Limit 25,000.00 Customer Advance Amount paid to others on my behalf $ Paid to $ Paid to - $ Paid to - $ Paid to i - $ Paid to $ Paid to $ 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 I - $ 0.00 Total fees to be paid by borrower $ 75,000.00 Undisbursed Funds Page 9 Disbursement Account Information: Account Type:DDA Account Number: You understand that no loan proceeds will be disbursed until any notice of the right to cancel time period specified has expired. You authorized disbursements to lien creditors and to Citizens Bank loan or line accounts listed above and acknowledge receipt of a filled in copy of this itemization of amount financed. You are to make disbursements to the non-lien creditors listed above. In order to secure our lien position, Citizens Bank is authorized to add to the principal balance,or access deposit accounts to cover any shortage. In the event a pay-off sent to another creditor is insufficient,Citizens Bank is authorized to add to the principal balance,or access your deposit account funds held by us to cover such shortage in order to complete your transaction and secure our lien position.You will receive notification in the event an additional amount is needed. This amount should not exceed$1,000.00,further remedies may apply if a greater amount is needed. This may result in a higher final payment due. You acknowledge that any payoff amounts referenced in the of Authorization of Payments to Third Parties section of this Agreement were estimates based on the balances listed on your credit bureau report(s),or obtained from the lien creditors on your behalf. You acknowledge that you received and read,as applicable,the Home Equity disclosure statements provided to you during the application process,which include Important Terms, When Your Home is On the Line,Servicing Disclosure Statement,Good Faith Estimate,Right to Receive a Copy of an Appraisal, and Citizens Privacy Notice. If there is more than one signer below,it is my/our intention that this account be a joint account. You 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. READ THIS AGREEMENT BEFORE YOU SIGN. REVIEW THE AUTHORIZATION OF PAYMENTS TO THIRD PARTIES SECTION,IN PARTICULAR ENSURE DISBURSEMENT ACCOUNT INFORMATION IS ACCURATE. LOAN PROCEEDS WILL BE DISBURSED TO THE ACCOUNT LISTED. DO NOT SIGN THIS AGREEMENT IF IT CONTAINS BLANK SPACES. THE AGREEMENT IS SECURED BY A SECONDARY MORTGAGE ON YOUR REAL PROPERTY. This Agreement is dated 11/05/2010 . THIS AGREEMENT IS SIGNED UNDER SEAL. BMrQ x HILLY J i x x x Effective Disbursement Date: ii/io/2oio I � EXHIBIT "D " OOOVUE After recording,return recording Prepared By: information to: Citizens Bank American Title,Inc. Beth Romano PO Box 641010 Retail Lending Services Omaha,NE 68164-1010 480 Jefferson Boulevard Tr 9 zd l D O y l D 0 qj7 Warwick,RI 02896 1-800-894-4619 Parcel W# 10-14-0842-030 Collateral Address: 6017 WERMILLE ROAD,.ENOLA,PA 17025 Master Mortgage Form Recorded By Citizens Bank of Pennsylvania In Volume ,Page , Instrument#200747167 , CUMMERLAND County, Pennsylvania Records PENNSYLVANIA HOME EQUITY LINE OF CREDIT OPEN-END MORTGAGE (Securing Future Advances) INCORPORATING THE OPEN-END MASTER MORTGAGE FORM RECORDED BY CITIZENS BANK OF PENNSYLVANIA MAXIMUM PRINCIPAL AMOUNT Iomoo.00 KNOW ALL MEN BY THESE PRESENTS: That on 11/05/2010 ,the mortgagor, BILLY J WARD BARBARA S WARD whose address is 6017 WERTZVILLE ROAD,ENOLA,PA 17.025 ("Property Address");(hereafter"Borrower"),in consideration of a loan in the amount of$ 100,000.00 made available by CITIZENS BANK OF PENNSYLVANIA,a Pennsylvania banking association,whose address is 1735 Market Street,Philadelphia,PA 19103 (hereafter"Lender"),the receipt whereof is hereby acknowledged,does hereby grant,bargain,sell and convey to the said Lender,its successors and assigns forever,the following real property,situated in the County of CUMBERLAND in the State of Pennsylvania("Property")and more particularly described as follows: SEE EXHIBIT A ATTACHED HERETO AND BY REFERENCE MADE A FART HEREOF and all the Estate, Title and Interest of the said Borrower either in law or equity, of, in and to the said premises;together with all the privileges and appurtenances to the same belonging,and all the rents,issues and profits thereof;to have and to hold the same to the only proper use of the said Lender,its successors and assigns forever. 1. Definitions: In addition to the definitions set forth in the Open-End Master Mortgage form referenced in Section 4 hereof,which definitions shall apply to all capitalized terms contained herein which are not otherwise specifically defined,the following term shall have the following meaning: (a)"Note"means the Promissory Note or Agreement signed by Borrower,delivered to Lender and dated 11/05/2010 The Note states that Borrower owes the Lender$ 100,000.00 plus interest. Borrower promises to pay this debt in regular Periodic Payments and to pay the debt in full not later than 11/10/2035 2. THIS IS A FUTURE ADVANCE MORTGAGE. The repayment of which debt is evidenced by a Credit Line Agreement(the"Agreement')made in favor of the Lender by the Borrower and dated the same date as this Security Instrument,under which the Borrower and the Lender reasonably contemplate that there will be a series of advances,payments and readvances but which limits the aggregate principal indebtedness at any time outstanding to a maximum principal Amount,excluding protective advances,of $ 100,000.00 including,but not limited to,any future advances,with interest thereon.. 3. Pameiit,of Principal:Tnterest and Other Gba�e,5 . Borrower will pay when due the principal of,and interest on,the debt evidenced by the Note and any prepayment charges and late charges due under the Note. 4• Borrower covenants and agrees that it shall be bound by the terms,conditions and provisions set forth in that certain Open-End Master Mortgage Form recorded in Official Record in Volume ,Page ,Instrument #200747167 ,of the CUMBERLAND County("Master Mortgage"). Upon the occurrence of a default under the terms of such Master Mortgage,Lender shall be entitled to pursue all remedies specified in such Master Mortgage against the Borrower and the Property. Page 2 Borrower has been provided with a copy of the Master Mortgage from Lender and acknowledges receiving it along with this Home Equity Line of Credit Open End Mortgage. 5. Defeasance. This Security instrument is given to secure the advances made by Lender to Borrower under the Note,which Note has a maturity date of 11/10/2035 . Upon the repayment in full of the amounts advanced under the Note,all accrued interest under.the Note and all incidental amounts as set forth in the Master Mortgage,this Security Instrument shall be void. 6. REQUEST FOR NO=, OF DEE&W AND FURECi OSU IRM SUPERIOR ,M0JUG-AGES OR DE .DS QF_TR= Borrower and Lender request the holder of any mortgage,deed of trust or other encumbrance with a lien which has priority over the Security Instrument to give Notice to Lender's address set forth on page one of the Security Instrument,of any default under the superior encumbrance and of any sale or other foreclosure action. REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK Page 3 IN WITNESS WHEREOF,.Borrower has executed this Mortgage. BY SIGNING BELOW,Borrower accepts and agrees to the terms and covenants contained in the Security Instrument and in any Rider(s)executed by Borrower and recorded with it. Signed,sealed and delivered: LY uV B.:. .. S WARD GENERAL PROVISIONS INCORPORATED BY REFERENCE AND NOT TO BE RECORDED SEE MASTER MORTGAGE FORM REFERRED TO HEREIN Page 4 INDIVIDUAL ACKNOWLEDGMENT STATE OR COMMONWEALTH OF �� ) COUNTY OF On the day of ilio _, �o t a , before me appeared BILLY J WARD to me personally known to be the person(s) whose name(s) is/are subscribed to this instrument, and such person(s) acknowledged that he/she/they (i) executed the same for the purposes therein contained, and (ii) executed this instrument as their free act and deed. IN WITNESS WHEREOF, I hereunto set my an.. and official seal. (Official Seal) Notary Public 1)av d s., � 0 fro c,� Mir rw. Notam seat narW S.Mwm,Notary Pubic MXtWMTv4)'lar>�COLM My oommissSDlti ires Oct 12,2011 Member.pennsytvanto Ass0012110n 04 NOte6e43 15 ACRPA 4/05 INDIVIDUAL ACKNOWLEDGMENT STATE OR COMMONWEALTH OF } COUNTY OF )SS: On the ' `"" day of N`ovA- la ,- before me appeared BARBARA S WARD to me personally known to be the person(s) whose name(s) is/are subscribed to this instrument, and such person(s) acknowledged that he/she/they (i) executed the same for the purposes therein contained, and (ii) executed this instrument as their free act and deed. IN WITNESS WHEREOF, l hereunto set my hand and official seal. (Official Seal) otary Public 1)Qvi4 5 W[ofrcw N��n7 Dw1W 5.PMxrow.t'vWy PUW Manheim?rt. r:3ltt;�SterCW!* ►J{y QpptS11:5 '-.�:r•'t`71kt 1 Z,2011 Member,Pernsylvani ; av a_on of Notan ACKPA 4/05 , CERTIFICATE OF RESIDENCE OF MORTGAGEE I do hereby certify that the precise address and principal place of business of the within named mortgagee is: 1735 Market Street,Philadelphia,PA 19103. Citizens Bank of Pennsylvania By:- Title:. 1Jf' �— /�ei t�c• Page 5 EXHIBIT"A" ALL THAT CERTAIN PIECE OR PARCEL OF LAND SITUATE IN THE TOWNSHIP OF HAMPDEN, COUNTY OF CUMBERLAND AND STATE OF PENNSYLVANIA,BOUNDED AND DESCRIBED AS FOLLOWS,TO WIT: BEGINNING AT THE CENTER OF THE STATE HIGHWAY NO.944,LOCALLY KNOWN AS THE WERTZVILLE ROAD,AND THE NORTHEASTERN CORNER OF LAND NOW OR FORMERLY OF FLOYD L.RICE,JR.;THENCE ALONG SAID LAND OF FLOYD L.RICE,JR.,SOUTH 8 DEGREES 30 MINUTES EAST, 175 FEET TO A POINT;THENCE ALONG LAND NOW OR FORMERLY OF JOHN E.EISENBERGER,JR.,SOUTH 81 DEGREES 30 MINUTES WEST,75 FEET TO A POINT; THENCE ALONG PROPOSED FORTY(40)FOOT WIDE STREET,NORTH 8 DEGREES 30 MINUTES WEST, 175 FEET TO THE CENTER OF THE AFORESAID HIGHWAY;THENCE DOWN THE CENTER OF SAID HIGHWAY,NORTH 81 DEGREES 30 MINUTES EAST,75 FEET TO THE PLACE OF BEGINNING. BEING LOT NO.6 IN THE PLAN OF LOTS RECORDED IN THE CUMBERLAND COUNTY RECORDER'S OFFICE IN PLAN BOOK 7,AT PAGE 19. BEING THE SAME PREMISES WHICH DAVID W.KELLY AND DEBRA K.KELLY,HIS WIFE,BY THEIR DEED DATED APRIL 3,1991 AND RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS IN AND FOR CUMBERLAND COUNTY,PENNSYLVANIA,IN DEED BOOK A,VOLUME 35,PAGE 697,GRANTED AND CONVEYED UNTO BILLY J.WARD,GRANTOR HEREIN, SUBJECT TO RESTRICTIONS,RESERVATIONS,EASEMENTS,COVENANTS,OIL,GAS OR MINERAL RIGHTS OF RECORD,IF ANY. ASSESSORS PARCEL NUMBER: 10-14.0842-030. ATI ORDER NUMBER: 201009100417 * A T 14 0 1 8 3 3 0 ROBERT P.ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE,PA 17013 717-240-6370 Instrument Number-201035142 Recorded On 12/1/2010 At 12:33:14 PM *Total Pages-9 *Instrument Type-MORTGAGE Invoice Number-77689 User ID-ES *Mortgagor-WARD,BILLY 3 *Mortgagee-CITIZENS BANK OF PENNSYLVANIA *Customer-AMERICAN TITLE INC *FEES STATE WRIT TAX $0.50 Certification Page STATE JCS/ACCESS TO $23.50 JUSTICE DO NOT DETACH RECORDING FEES — $19.50 RECORDER OF DEEDS Thisa e is now art PARCEL CERTIFICATION $10.00 p g FEES of this legal document. AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $70.00 I Certify this to be recorded in Cumberland County PA 8 RECORDER OF D EDS arso *-Information denoted by an asterisk may change during the verification process and may not be reflected on this page. 000VUE Ill illllllllllllllllil l{III EXHIBIT "E " y yy Prepared By. Beth Romano Citizens Bank Retail Lending Services 480 Jefferson Boulevard Warwick,RI 02886 1-800-894-4619 R�r Consumer Loan Operations -RJW215 IIi1111I1Nllilli(I ceRl 1 Citizens Drive 124001943 PA FIRST AMERICAN LENDERS ADVANTAGE Riverside,RI 02915 OPEN END MORTGAGE 1111111111111111111111111111111111 HE n11111(I 1111111 OPEN-END MASTER MORTGAGE FORM RECORDED BY CITIZENS BANK OF PENNSYLVANIA RECORDED PURSUANT TO 21 P.S. §629 OF PENNSYLVANIA CONSOLIDATED STATUTES PENNSYLVANIA STIPULATION OF GENERAL MORTGAGE PROVISIONS (Securing Future Advances) The following general provisions, covenants, conditions and obligations shall be an integral part of any mortgage hereinafter recorded in Cumberland County,Pennsylvania,in favor of the undersigned, when such subsequently recorded mortgage expressly provides for the incorporation of the following general provisions,covenants, conditions and obligations as an integral part thereof by reference to the recorded stipulation. THIS OPEN-END MASTER MORTGAGE FORM recorded by CITIZENS BANK OF PENNSYLVANIA is put of record this 12th day of April, 2007 to evidence the terms and conditions of those certain OPEN-END MORTGAGES, which constitute the Security Instruments defined herein, granted or to be granted by mortgage loan customers (hereinafter each individually referred to as "Borrower") to CITIZENS BANK OF PENNSYLVANIA, a Pennsylvania banking corporation with a mailing address of 2001 Market Street, Suite 600, Philadelphia, PA 19103-7053 (hereinafter, together with its successors and assigns called"Lender"). WHEREAS, for the convenience of the parties in mortgaging Borrower's property to Lender to secure the indebtedness more particularly described in each Security Instrument, as defined below, and to reduce the recording charges and fees for the benefit of Borrower, Lender is filing this Open-End Master Mortgage Form of Record to evidence the following _ terms to be incorporated in each such Open-End Mortgage under the provisions of Pennsylvania Consolidated Statutes Section 629:: Page 1 KNOW ALL MEN BY THESE:PRESENTS: That Borrower, in consideration of the payments to Borrower, which Lender has made previously or contemporaneously herewith or may hereafter make, does herebyGRANT, 13ARGAlN, SELL AND CONVEY unto Lender, its successors and assigns forever, certain property more fully described on Exhibit "A" to the Security Instruments granted by Borrower to Lender to be recorded after Form. the date hereof which reference and incorporate the terms of this Open-End Master Mortgage WORDS USED OFTEN N IN THIS DOCUMENT: A. "Security Instrument" means any Open-End Mortgage which incorporates the terms of this Open-End.Master Mortgage together with all Riders thereto, if any, to such Open-End Mortgages. B. "Borrower" is any Borrower designated as such in a Security Instrument. The words "you" and "your" or "Lender" refer to any person to whom this mortgage is assigned. The words "I", "me",and "my"refer to each Borrower. C. "Property" means the particular property that is described in the Security Instrument which incorporates the terms of this Open-End Master Mortgage. D. "Loan" means the debt evidenced by the Note specifically referenced in the Security Instrument which incorporates the terms of this Open-End Master Mortgage, plus interest, any prepayment charges and late charges due under such Note, and all sums due under the Security Instrument,plus interest. E. "Note" means any of those Promissory Notes referenced in a Security Instrument which incorporates the terms of this Open-End:Master Mortgage. F. "Agreement" means the Home Equity Credit Line Agreement between each Borrower and Lender, with interest thereon at the rate described therein, and all renewals, extensions and modifications thereof. Each Security Instrument secures to Lender to the fullest extent permitted by Applicable law: (i) Borrower's repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under the Security Instrument and the Note, For these purposes; Borrower does hereby mortgage, grant and convey to Lender the Property more fully described in the Security Instrument. TO HAVE AND TO HOLD this property unto Lender and Lender's successors and assigns, forever, together with all the improvements now or hereafter erected on the property, and all easements,rights. appurtenances;rents,royalties, mineral,oil and gas rights and profits,water rights and stock and all fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing shall be referred to. in this Security Instrument as the "Property." Pursuant to Pennsylvania Consolidated Statutes Title 21 Section 629, this Security Instrument shall also constitute a Page 2 fixture fling upon recordation hereof on the Land Records of the town/city where the Property is located, BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and has the right to mortgage, grant and convey the Property, and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. Borrower and Lender covenant and agree as follows: 1. Payment of Principal,Interest and Other Charges, Borrower shall promptly pay when due the principal of and the interest on the debt evidenced by the Agreement, all other fees and charges as provided in the Agreement, and the principal of and interest on any Future Advances secured hereby. All references to interest in this Security Instrument shall be to the rate set forth in the Agreement. 2. Application of Payments. Unless applicable la* provides otherwise, all payments received by Lender under this Security Instrument and the Agreement may be applied to reduce amounts owing to Lender from Borrower and from the maker(s) of the Agreement in whatever order the Lender,in its sole discretion,chooses. 3. Prior Mortgages, Charges; Liens. Borrower shall perform all of Borrower's obligations under any mortgage, deed of-trustor-other security agreement with a lien which has priority -- - - --over this Security-Instrument,including Borrower's covenants to make payments when due. Borrower shall pay or cause to be paid all taxes, assessments, and other charges, fines and impositions attributable to the Property which may attain a priority over this Security Instrument, and leasehold payments or ground rents, if any. Upon our request, Borrower shall promptly furnish to us all notices of amounts to be paid under this paragraph and receipts evidencing any such payments you make directly. Borrower shall promptly discharge any lien (other than a lien disclosed to us in your application or in any title report we obtain) which has priority over this Security Instrument unless Borrower: (a)agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which, in Lender's opinion, operate to prevent. the enforcement of the lien or forfeiture of any part of the Property; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within ten(10)days of the giving of notice. We specifically reserve to ourselves and our successors and assigns the unilateral right to require,upon notice, that you pay to us on the day monthly payments are due an amount equal to one-twelfth (1/12) of the yearly taxes, and assessments (including condominium and planned unit development assessments, if any) which may attain priority over this Mortgage Page 3 and ground rents on the Property, if any, plus one-twelfth (1/12) of yearly premium installments for hazard and mortgage insurance, all as we reasonably estimate initially and from time to time, as allowed by and in accordance with applicable law. 4. Hazard Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage" and such other hazards for which Lender requires insurance, including floods or flooding, at all times until Lender releases this Security Instrument. This insurance shall be maintained in the amounts and for the periods that we require. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. All insurance policies and renewals shall be in form and content acceptable to Lender, with such maximum deductible clauses as Lender may require, and shall include a standard mortgagee clause in favor of Lender. Lender shall have the right to hold the policies and renewals, subject to the terms of any mortgage, deed of trust or other security agreement with a lien which has priority over this Security Instrument. All insurance policies and renewals shall provide that they may not be canceled without ten (10) days'prior written notice to Lender. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower fails to maintain coverage as required in this section, you authorize Lender to obtain such coverage as we in our sole discretion determine appropriate to protect our interest in the Property in accordance with the provisions in Covenant 6. You understand and agree that any coverage we purchase may cover only our interest in the Property and may not cover your interest in the Property or any personal property therein. You also understand and agree that the premium for any such insurance may be higher than the premium you would pay for such insurance. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. We may also, at our opinion and on your behalf, adjust and compromise any claims under the insurance, give releases or acquaintances to the insurance company in connection with the settlement of any claim and collect and receive insurance proceeds. You appoint us as your attomey-in-fact to do all of the foregoing, which appointment you understand and agree is irrevocable, coupled with an interest with full power of substitution and shall not be affected by your subsequent disability or incompetence. Insurance proceeds shall be applied to restore or repair the Property damaged, if restoration or repair is economically feasible and our security would not be lessened. Otherwise insurance proceeds shall be applied to sums secured by this mortgage,whether or riot then due,with any excess paid to you. I£you abandon the Property,or do not answer within 30 days our notice to you that the insurance carrier has offered to settle a claim, then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument, whether or not then due. The 30 day period will begin when notice to Borrower is given. Page 4 Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall riot extend or postpone the due date of the monthly payments required under the Note or change the manner in which the amount of the monthly payment is determined. If, under Covenant 20 the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. Borrower shall not permit any condition to exist on the Property which would, in any way, invalidate the insurance coverage on the property. 5. Preservation, Maintenance and Protection of the Property; Loan Application Leaseholds. Borrower shall not destroy, damage, or permit impairment of the Property or allow the Property to deteriorate or commit waste. Borrower shall be in default if any forfeiture action or proceeding, whether civil or criminal, is begun that in our good faith judgment could result in forfeiture of the Property or otherwise materially impair the .lien created by this Mortgage or our security interest. You may cure such a default as provided in Covenant 20, by causing the action or proceeding to be dismissed with a ruling that, in our good faith determination precludes forfeiture of your interest in the Property or other material impairment of the lien created by this mortgage or our security interest. Borrower shall also be in default if you, during the loan application process, gave materially false or inaccurate information or statements to us (or failed to provide us with any material information) in connection with the loan evidenced by the Agreement, including, but not limited to, representations concerning your occupancy of the Property as a principle residence. If this Security Instrument is on leasehold, Borrower shall comply with the provisions of the lease, and if Borrower acquires fee title to the Property, the leasehold and fee title shall not merge unless Lender agrees to the merger in writing. 6. Protection of Lender's Rights in the Property; Mortgage Insurance. If Borrower fails to perform the covenants and agreements contained in this Security Instrument, or if there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or to enforce laws or regulations),then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lender's actions may include paying any sums secured by a lien which has priority over this Security Instrument or any advance under this Agreement or this Mortgage, appearing in court, paying reasonable attorneys' fees, paying any sums which you are required to pay under this Mortgage and required to pay under this Mortgage and entering on the Property to make repairs. Although Lender may take action under this Covenant 6,Lender does not have to do so. Any amounts disbursed by Lender under this Covenant 6 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the rate of interest established under this Agreement, and shall be payable with interest, upon notice from Lender to Borrower requesting payment. Page 5 If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in effect until such time as the requirement for the insurance terminates in accordance with Borrower's and Lender's written agreement or applicable law. 7. Inspection. Lender or its agent may make reasonable entries upon and inspections and appraisal of the Property.. Lender shall give Borrower notice at the time of or prior to an inspection or appraisal specifying reasonable cause therefor. 8. Condemnation. The proceeds of any award or claim for damages,direct or consequential, in connection with any condemnation or other taking of any part or all of the Property, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender, subject to the terms of any other mortgage, deed of trust or other security agreement with a.lien which has priority over this Security Instrument. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments required under the Agreement or change the manner in which the amount of such payments is determined. 9. Borrower Not Released; Forbearance by Lender Not a Waiver. Extension.of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any maker(s) of the Agreement or to any successor in interest of Borrower or of any such maker shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to commence proceedings against any maker(s)of the Agreement or successors in interest of Borrower or of any maker(s) of the Agreement or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original maker(s) of the Agreement or Borrower or any successor in interest of Borrower or of such maker. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 10. Successors and Assigns Bound; Joint and Several Liability; Co-signers; Captions. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of Covenant 16. Borrower's covenants and agreements shall be joint and several. Any Borrower who signs this Security Instrument but does not execute the Agreement: (a) is signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and(c)agrees that Lender and any other Borrower or maker(s)of the Agreement may agree to extend, modify, forbear or make any accommodations with Page 6 regard to the terms of this Security Instrument or the Agreement without that Borrower's consent. The captions and headings in this Security Instrument are for convenience only and are not to be used to interpret or define the provisions hereof. 11. Loan Charges. If the Agreement is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Agreement exceed the permitted Iimits, then: (a) any such loan'charge shall be reduced by the amount necessary to reduce the charge to the permitted limit;and(b)any sums already collected from Borrower which exceeded permitted limits will be refunded to the Borrower. Lender may choose to make this refund by reducing the principal owed under the Agreement or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charges under the Agreement. 12. Legislation Affecting Lender's Rights. If enactment or expiration of applicable laws has the effect of rendering any provision of the Agreement or this Security Instrument unenforceable according to its terms, Lender at its option,may require immediate payment in full of all sums secured by this Security Instrument and may invoke any remedies permitted by Covenant 20 unless prohibited by applicable laws. If Lender exercises this option, Lender shall take the steps specified in the second paragraph of Covenant 16. 13. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail postage prepaid unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address which Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail postage prepaid to Lender's address stated herein or any other address which Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when delivered, or on the second business day following mailing as provided in this Covenant 13. 14. Governing Law; Severability. The interpretation and enforcement of this Security instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Agreement conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Agreement which can be given effect without the conflicting provision. To this end, the provisions of this Security Instrument and the Agreement are declared to be severable. 15, Borrower's Copy. Borrower shall be given one copy of the Agreement and of this Security Instrument, 16. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written Page 7 consent,Lender,may, at its option,terminate its permission to the maker(s)of the Agreement to request Future Advances from Lender pursuant to Covenant 22 hereof, and require immediate payment in full of all sums secured by this Security Instrument, unless prohibited by applicable law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than ten (10) days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period,Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 17. Sale of Agreement; Change of Loan Servicer. The Note or partial interest in the Note (together with this Security Instrument) may be sold one or more times without prior notice to the Borrower.:A sale may result in a change in the entity(known as the"Loan Servicer")that collects monthly payments due under the Note and this Security Instrument. There also may be one or more changes of the Loan Servicer unrelated to the sale of the Note. If there is a change of the Loan Servicer, the Borrower will be given written notice of the change as required by applicable lave. The notice will state the name and address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any information required by applicable law. 18. Hazardous Substances. Borrower shall not cause or permit the presence,use,disposal, storage, or.release of any Hazardous Substance on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of Hazardous Substances in quantities that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give us written notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substances or Environmental Law of which you have actual knowledge. If Borrower learns or is notified by any government or regulatory authority, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, the Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this Security Instrument, "Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline,kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this Security Instrument, "Environmental Law" means federal laws and laws of jurisdiction where the Property is located that relate to health, safety or environmental protection. 19. Optional Reinstatement of Security Instrument by Lender. Notwithstanding Lenders acceleration of the sums secured by this Security Instrument, Lender may, at its sole discretion, discontinue any proceedings begun by Lender to enforce this Security Instrument at any time prior to entry of a judgment enforcing this Security Instrument if: (a) Borrower Page 8 pays Lender all sums which would be then due under this Security Instrument and the Agreement, had no acceleration occurred; (b) Borrower cures all breaches of any other covenants or agreements of Borrower contained in this Security Instrument and in the Agreement; (c) Borrower pays all reasonable expenses incurred by Lender in enforcing the covenants and agreements of Borrower contained in this Security Instrument and in enforcing Lenders remedies as provided in Covenant 20 hereof, including, but not limited to,reasonable attorneys' fees; (d) Borrower, at the sole option of Lender, executes a Mortgage Agreement and deed Modification Agreement which will adjust the rate of interest on the Agreement and will provide such other terms and conditions as Lender shall specify; and (e) Borrower takes such action as Lender may require to assure that the lien of this Security Instrument, Lenders interest in the Property and Borrowers obligation to pay the sums secured by this Security Instrument shall continue unimpaired. In the event that the Lender allows the Borrower to make such payment and cure, this Security instrument, as modified and the obligations secured hereby shall remain in full force and effect as if no acceleration had occurred. 20. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following breach of any covenant or agreement in this Security Instrument or the Agreement (but not prior to acceleration under Covenants 12 and 16 unless applicable law provides otherwise), or following the occurrence of any other event which, pursuant to the Agreement, this Security Instrument, or applicable law, permits Lender to accelerate the sums secured by this Security Instrument, specifying; (a) the default or other applicable event; (b) the action required to cure the default or other applicable event; (e)a date not less than ten (10)days from the date the notice is given to Borrower, by which the default or other applicable event must be cured and (d) that failure to cure the default or other applicable event; on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and foreclosure or sale of the Property. If the default or other applicable event is not cured on or before the date specified in the notice,Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further notice or demand and may invoke any of the remedies permitted by applicable law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Covenant 20, including, but not limited to, reasonable attorneys' fees and cost of title evidence,as permitted by applicable lave. 21. Reinstatement Period. Borrower's time to reinstate provided in Covenant 20 shall extend to one hour prior to the commencement of bidding at a sheriffs sale or other sale pursuant to this Security Instrument. 22. Discontinuance of Enforcement. Notwithstanding our acceleration of the sums secured by this Security Instrument under the provisions of Covenant 20, we may, in our sole discretion and upon such conditions as we in our sole discretion determine, discontinue any proceedings begun to enforce the terms of this Security Instrument. 23. Lender in Possession. Upon acceleration under Covenant 20 or abandonment of the Property, Lender (in person, by agent or by judicially appointed receiver) shall be entitled to enter upon,take possession of and manage the Property and to collect the rents of the Property Page 9 including those past due. Any rents collected by Lender or the receiver shall be applied first to payment of the costs of management of the Property and collection of rents, including, but not limited to, receiver's fees, premiums on receiver's bonds and reasonable attorneys' fees, and then to the sums secured by this Security Instrument. 24. Release. Upon termination and discharge of the Agreement and all other sums secured by this Security Instrument, this Security Instrument shall become null and void and Lender shall release this Security Instrument without charge to Borrower. Borrower shall pay any recordation costs. 25. Additional Charges. Borrower agrees to pay reasonable charges as allowed by law in connection with servicing of this Note including,without limitation, the cost of obtaining tax searches and subordinations. Provided,however,that nothing contained in this Covenant 26 is intended to create and shall not be construed to create any duty or obligation by us to perform any such act, or to execute or consent to any such matter, except a release of the Security Instrument upon full repayment of all sums secured thereby. 26. Waivers. Borrower waives and releases, to the fullest extent permitted by law, for Borrower and for Borrower's successors and assigns, any error or defects in proceeding to enforce this Mortgage, and hereby waive the benefit of any present or future laws providing for the benefit of all homestead, marital and spousal, appraisal, valuation, redemption, reinstatement, stay, extension, exemption, and moratorium laws now existing or enacted in the future. No waiver by the lender at any time of any tern, provision covenant contained in this Mortgage or in the Agreement secured hereby shall be deemed to be or construed as a waiver of any other term, provision or covenant or of the same term,provision of covenant at any other time. 27. Future Advances. Upon request of any one of the makers of the Agreement, Lender shall, during the "Draw Period" or "Renewal Draw Period" more fully described in the accompanying Home Equity Credit Line Agreement,make Future Advances to any one of the makers of the Agreement, pursuant to the terms and conditions of the Agreement. Borrower agrees that each Future Advance shall be considered as an advance for the benefit of Borrower, regardless of whether Borrower has executed the Agreement. Such Future Advances, with interest thereon, shall be secured by this Security Instrument. At no time shall the principal amount of the indebtedness secured by this Security Instrument exceed the maximum principal amount of the Agreement nor shall the maturity of Future Advances secured hereby extend beyond the maximum maturity date of the Agreement. All Future Advances shall be recorded on the books and records of the Lender. 28. Remedies Cumulative. All remedies provided in this Security Instrument are distinct and cumulative to any other right or remedy under this Security Instrument or afforded by law or equity, and may be exercised concurrently,independently, or successively. 29. Statutory Condition. This Mortgage is upon the STATUTORY CONDITION and upon the further condition that all covenants and agreements of which I have made herein and in the Agreement shall be kept and fully performed, for any breach of which you may invoke any of the remedies permitted herein or by applicable law. Page 10 30. Purchase Money Mortgage, If any of the debt secured by this Mortgage is lent to you to acquire title to the Property,this Mortgage shall be a Purchase Money Mortgage. 31. Interest Rate After Adjustment. Borrower agrees that the interest payable after a judgment is entered on the Agreement or in an action of mortgage foreclosure shall be the rate payable from time to time under the Agreement. CITIZENS BANK OF PENNSYLVANIA By: — A ' . Name: Beth Romano Title:Assistant Vice President STATE OF RHODE ISLAND) ) SS: COUNTY OF KENT ) The foregoing instrument was acknowledged before me this 12th day of April,2007 by Beth Romano,Assistant Vice President of Citizens Bank of Pennsylvania,a:?einsylvania banking corporation,on behalf of the corporation. Public Ot y mmission Expires: .Tuly 21 0, � when recorded mail to: First American Title Insurance Lenders Advantage il0o Superior Avenue,Suite 200 Cleveland,Ohio 44114 ATM NATIONALRECORDINGS Page 11 ROBERT P. ZIEGLER RECORDER OF DEEDS '�� A CUMBERLAND COUNTS 1 COURTHOUSE SQUAREz CARLISLE, PA 17013 717-240-6370 Instrument Number-200747167 Recorded On 12/21/2007 At 2:06:26 PM X Total Pages-12 x Instrument Type-MISCELLANEOUS INSTRUMENT Invoice Number-11294 User ID-MSW *Grantor-CITIZENS BANK OF PENNSYLVANIA •Grantee-CITIZENS BANK OF PENNSYLVANIA x Customer-FIRST AMERICAN "FEES STATE WRIT TAX $0.50 Certification Page RECORDING FEES $25.50 RECORDER OF DEEDS DO NOT DETACH COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $31.00 This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA r RECORAER O D EDS 7780 s-Information denoted by an asterisk may change during the verification process and may not be reflected on this page. oo6DBS III illllilllllllllllllllllll EXHIBIT "F" EXHIBIT "F" ALL THAT CERTAIN piece or parcel of land situate in the Township of Hampden, County of Cumberland and State of Pennsylvania,bounded and described as follows,to wit: BEGINNING at the center of the State Highway No. 944, locally known as the Wertzville Road, and the northeastern corner of land now or formerly of Floyd L. Rice, Jr.; thence along said land of Floyd L. Rice Jr., South 8 degrees 30 minutes East, 175 feet to a point; thence along land now or formerly of John E. Eisenberger, Jr., South 81 degrees 30 minutes West, 75 feet to a point; thence along proposed forty(40) foot wide street,North 8 degrees 30 minutes West, 175 feet to the center of the aforesaid Highway; thence down the center of said Highway, North 81 degrees 30 minutes East, 75 feet to the place of BEGINNING. BEING Lot No. 6 in the Plan of Lots recorded in the Cumberland County Recorder's Office in Plan Book 7, at Page 19. BEING the same property which Billy J. Ward,by Deed dated February 19, 2008 and recorded on February 22, 2008, with the Recorder of Deeds Office of Cumberland County as Instrument No. 200805113, granted and conveyed unto Billy J. Ward and Barbara S. Ward. Tax Parcel ID#10-14-0842-030 -7- EXHIBIT " G" Date: August 28, 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 may be 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 NOTIFICACIUN 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. Ward.Act91.082814 Page 1 of 5 HOMEOWNER'S NAME(S): Billy J.Ward and Barbara S.Ward PROPERTY ADDRESS: 6017 Wertzville Road Enola,PA 17025 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 property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately 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". Ward.Act91.082814 Page 2 of 5 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: 6017 WERTZVILLE ROAD,ENOLA, PA 17025 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 June 10, 2013, through August 10, 2014 in the amounts of$374.82, $388.86, $401.82, $401.82, $388.87 $401.82 $388.86 $401.82, $401.82, $362.94, $401.82, $388.86, $401.82, $388.87 and$401.82, respectively. Other charges(explain/itemize): $294.09, late charges; $25.00, Annual Fee TOTAL-AMOUNT-PAS-T--DUE: $6,215.73 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 $6,215.73, 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. Ward.Act91.082814 Page 3 of 5 IF TRE 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 an time up to one hour before the Sheriffs Sale. You mgy do so by pg3dn the total amount then past due plus any late or other charges then due reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE -- It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately 6 months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Citizens Bank of Pennsylvania Address: 10561 Telegraph Road, Glen Allen VA 23059 Phone Number: 804-627-4240 Fax Number: 804-627-5711 Contact Person: William P.Kempf E-Mail Address: William.P.Kempf n rbscitizens.com EFFECT OF SHERIFF'S SALE -- You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs 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. • 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.) Ward.Act91.082814 Page 4 of 5 „ • , 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 717-855-2752 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. 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 SCRA,please contact Consumer Finance Customer Service at 1-800-708-6680. Ward.Act91.082814 Page 5 of 5 ■ C I e ■ � � I e �• 1 0 ■ 1.J7 0 1 � �fl ,I Q • I I I � , . n� M a a , ErPostagetr $ �� s sem, t17 R� C3 PostageI / certified Fee 3• �;�' ark : .t;;:... ;r.. .. C7 tom, bHere Certified Fes 3 3 r ', d Return Receipt Fee \� . C3 't!' Postm (, O (Endorsement Required) O Return Receipt Fee .C'.'` He e.. 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