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HomeMy WebLinkAbout05-3372IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CITIZENS BANK OF PENNSYLVANIA, v Plaintiff, MARGARET B. YOUNG, an individual, Defendant. TO: DEFENDANT YOU 1RE HEREBY NOTIFIED TO FILE A WRITEN RESPONSE TO THE ENCLOSED COMPgINT WITHIN TWENTY (20) DAYS FROM SERV'E HEREOF OR A JUDGMENT MAY BE ENTEID AGAINST YOU. S.RRARD, GERMAN & KELLY, P.C. BY: PiR EYS FOR PLAINTIFF I HERECERTIFY THE ADDRESS OF PLAINT IS: 480 Jei$on Boulevard Warwick. 02886 AND TxEBNDANT IS: 809 Fl",k Ridge Road Mechanicl PA 17055 SHFi GERMAN & KELLY, P.C. BY: PITT ?'OR PLAINTIFF CERTIFICAI LOCATION: I HEREBY C THAT THE LOCATION OF THE REAL E'FECTED BY THIS LIEN IS: UP- K 'WNSHIP SHERR OMAN & KELLY, P.C. 6 BY : A ORNE AINTIFF CIVIL DIVISION NO. ©5-337 l_LULC 1 TYPE OF PLEADING: CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE FILED ON BEHALF OF PLAINTIFF: CITIZENS BANK OF PENNSYLVANIA COUNSEL OF RECORD FOR THIS PARTY: PAUL DAVID BURKE, ESQUIRE Pa. I.D. 434960 SHERRARD, GERMAN & KELLY, P.C. Firm #006 28TH FLOOR, TWO PNC PLAZA PITTSBURGH, PA 15222 (412) 355-0200 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CITIZENS BANK OF PENNSYLVANIA Plaintiff, V. MARGARET B. YOUNG, an individual, Defendant. CIVIL DIVISION NO. OS- 337 (L O ? C-? TO: DEFENDANT YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. SHERRARD, GERMAN & KELLY, P.C. By: AT EYS FOR PLAINTIFF I HEREBY CERTIFY THE ADDRESS OF PLAINTIFF IS: 480 Jefferson Boulevard Warwick, RI 02686 AND THE DEFENDANT IS: 609 Flintlock Ridge Road Mechanicsburg, PA 17055 SHERRARD, GERMAN & KELLY, P.C. BY: AT NEYS FOR PLAINTIFF CERTIFICATION OF LOCATION: I HEREBY CERTIFY THAT THE LOCATION OF THE REAL ESTATE AFFECTED BY THIS LIEN IS: UPPER ALLEN TOWNSHIP SHERRARD, GERMAN & KELLY, P.C. BY: A ORNEYS FOR PLAINTIFF TYPE OF PLEADING: CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE FILED ON BEHALF OF PLAINTIFF: CITIZENS BANK OF PENNSYLVANIA COUNSEL OF RECORD FOR THIS PARTY: PAUL DAVID BURKE, ESQUIRE Pa. I.D. #34960 SHERRARD, GERMAN & KELLY, P.C. Firm #006 28TH FLOOR, TWO PNC PLAZA PITTSBURGH, PA 15222 (412) 355-0200 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CITIZENS BANK OF PENNSYLVANIA, CIVIL DIVISION Plaintiff, NO. V. MARGARET B. YOUNG, an individual, Defendant. NOTICE TO DEFEND You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Telephone No. (800) 990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CITIZENS BANK OF PENNSYLVANIA, CIVIL DIVISION nn // c Plaintiff, No. OS - 337a l.w?t, t?zr+-? V. MARGARET B. YOUNG, an individual, Defendant. CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE And now, comes Plaintiff, CITIZENS BANK OF PENNSYLVANIA, by and through its attorneys, Sherrard, German & Kelly, P.C., and files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff is CITIZENS BANK OF PENNSYLVANIA, which has its principal place of business at 480 Jefferson Boulevard, Warwick, Rhode island 02886. 2. The Defendant, MARGARET B. YOUNG, is an individual, residing within the Commonwealth of Pennsylvania at 809 Flintlock Ridge Road, Mechanicsburg, Pennsylvania 17055. 3. On or about May 16, 2002, the Defendant, MARGARET B. YOUNG, executed a Home Equity Line of Credit Agreement ("Agreement") in favor of CITIZENS BANK OF PENNSYLVANIA, in the original principal amount of $25,000.00. A true and correct copy of said Agreement is marked Exhibit "A", attached hereto and made a part hereof. 4. On or about May 16, 2002, as security for payment of the aforesaid Agreement, the Defendant, MARGARET B. YOUNG, made, executed and delivered to CITIZENS BANK OF PENNSYLVANIA an Open End Mortgage in the original principal amount of $25,000.00 on the premises hereinafter described, said Mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County on May 22, 2002, in Mortgage Book Volume 1759, page 2811. A true and correct copy of said Mortgage containing a description of the premises subject to said Mortgage is marked Exhibit "B", attached hereto and made a part hereof. 5. Plaintiff believes and therefore avers that MARGARET B. YOUNG and her husband Wallace W. Young are the record and real owners of the aforesaid mortgaged premises with Wallace W. Young having died. As a result of the death of Wallace W. Young, title to the mortgaged property passed to his wife, MARGARET B. YOUNG, by operation of law. 6. The Defendant is in default under the terms of the aforesaid Agreement and Mortgage for, inter alia, failure to pay the monthly installments of principal and interest on said Agreement when due. 7. Demand for payment has been made upon the Defendant by Plaintiff, but the Defendant has failed or refused to pay. 8. On or about May 23, 2005, the Defendant was mailed Notice of Homeowner's Emergency Mortgage Assistance Act of 1983, in compliance with the Homeowner's Emergency Mortgage Assistance Act, Act 91 of 1983. A true and correct copy of said Notice is marked Exhibit "C", attached hereto and made a part hereof. 9. On or about May 23, 2005, the Defendant was mailed Notice of Intention to Foreclose Mortgage in compliance with Act 6 of 1974, 41 P.S. 101, et seq. A true and correct copy of said Notice is marked Exhibit "D", attached hereto and made a part hereof. 10, The amount due and owing Plaintiff by the Defendant is as follows: Principal $15,530.50 Interest thru 6/27/05 $ 388.22 BPO Fees $ 400.00 TOTAL $16,318.72 WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount due of $16,318.72 with interest on the principal amount thereof ($15,530.50) at the rate of $2.44 per diem from June 27, 2005, plus costs (including increases in escrow deficiency) additional late charges, reasonable attorneys' fees and for foreclosure and sale of the mortgaged premises. SHERRARD, GERMAN & KELLY, P.C. By: ?- Pa David Burke, Esquire Pa. I.D. #34960 Attorneys for Plaintiff 28th Floor, Two PNC Plaza Pittsburgh, PA 15222 (412) 355-0200 C? CITIZENS BANK SECONDARY MORTGAGE LOAN Borrower(s): HOME EQUITY LINE OF CREDIT AGREEMENT klXR a.Z' a YOU= Leadw. 0 Citizens Bank ofMamzhaaens 0 Citizens Bank of Cowecti o" ® Qtizcns Back of Pennsylvania 28 State street 63 Evgcae O'NNl Drive 1735 Market Sow Batton, MA 02109 Nem London, Cr 06320 Philadelphia, PA 19103 .. ? Citizens Book OfRho& taland Citizens Baak New Hmtpsbim ? Citizens Back 1 Citizens Plaza 875 Elm Street 919 Norrh Marlon Stmea - Pruvidevcx, RI 02903 Manchester, NH 03101 Suite 200 Wilmington, DE 19801 DateofAgteement: 05/16/2002 This HOME EQUITY LINE OF CREDIT AGREEMENT ("Agreemem") contains the terms which govern your line of credit (the "Credit Line" or the "Credit Line Account") issued through Citizens Bank of Massachusetts, Citizens Bank of Rhode Island, Citizens Bank of Connecticut, Citizens Bank New Hampshire, Citizens Bank of Pennsylvania, or Citizens Bank (our Delaware Bank) as identified above and hereafter referred to as "Citizens Bank". The Agreement sets forth the terms under which Citizens Bank extends credit advances against your Credit Line Account Each person who signs this Agreement will be bound by its terms and conditions and will be responsible for paying all amounts owed In this Agreement, the words "Borrower," "you," "your," and "Applicant" mean each and every person who signs this Agreement, including all Borrowers named above. The words "we," "us," "our," and "Lender" mean Citizens Bank as identified above. You agree to the following terms and conditions: 1. Promise to Pay. You promise to pay 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. Ierm. The term of your Credit Line will begin as of the date of the Agreement ("Opening Daze") and will continue until termination of your Credit Line Account. All indebtedness under this Agmemem, if not already paid pursuant to the payment provisions below, will be due and payable upon termination The "Draw period" of your Credit Agreement will begin on a date, after the Opening Date, when the Agreement is accepted by us in the Commonwealth or State in which you signed the Agrecloent: Commonwealth of Massachusetts, State of Rhode Island, State of Connecticut, State of New Hampshire, Commonwealth ofParmsylvania or State of Delaware, following the expiration of the right to cancel, the perfection of the Mortgage, and the meeting of all of our other conditions and will continue for a period of Tm (10) Years, subject to the terms and conditions of this Agreement You may obtain credit advances during the "Draw Period" mot to exceed, at any time, the credit limit of your line of credit, which is S 25, 0 00.00 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 tally renew or extend the period during which you may obtain credit advances or make payments. 3. Paymeatz a) Draw Period you can obtain advances of credit for Ten (10) years (the "Draw Period"). You can choose j one of the two payment options for the Draw Period Option One: Monthly interest-only payments - Under this option, your payments well be due monthly and will equal the finance charges that accrued on. the outstanding principal balance during the preceding billing period, plus rasurnee prcmiums (if any), all other charges and any amount past due. The Mininnum Payment will not reduce the principal that is outstanding on your Credit Line Account This option will result in grater expenses over the life of the Credit Lime Accont Option Two: 2% of the balance - Under this option, your payments will be due monthly and will equal 2°/e. 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 i aarn.vnrot T000 TE0'014 IM9T9cZTCTE + SNI1351IM-i 1J361C SN3?I11=? TZ:70 P002%TT%20 Page 2 all other charges), plus late fees and any amount past due. The Minimum Payment will equal 520.00 or the outstanding balance on your Credit Line Account, whichever is less. b) Repayment Period After the Thaw Period ends, you will no longer be able to obtain credit advances and must repay the outstanding balance over 15 years (the "Repayment Period"). During the Repayment period, your regular payment will be based on an amortization of your balance over a 180 mouth period or $20.00, whichever is greater. Yourpaymems. will be due monthly. In calculating the payment amount by amortizing the balance over a 180 month period, we will use the applicable variable Annual Percentage Rate in effect on the day we calculate your payment. Your "Mmimum Payment" will be the regular payment, plus any amount past due and all other charges. In any event, if your Credit Line Account balance falls below $20.00, you agree to pay your balance in full A change in the ANNUAL PERCENTAGE RATE can cause the balance to be repaid mote quickly or more slowly. When rates decrease, less interest is due, so more of the payment repays the principal balance. When rates increase, mote interest is due, so less of the payment repays the principal balance. If this happens, we may adjust your Minimum Payment as follows: Each time the ANNUAL PERCENTAGE RATE increases we will review the effect the increase has on your Credit Line Account. If the ANNUAL PERCENTAGE RATE has increased so much that your Minimum Payment is no longer sufficient to repay the balance by the Maturity Date, your Minimum Payment will be increased by the amount necessary to repay the balance by the Maturity Date. You agree to pay not less than the Minimum payment on or before the Payment Due Date indicated on your periodic billing statement. C) Payments All payments must be made by a check, money order, or other instrument in U.S. dells,, 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 dace receive[- 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 Paymem. 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, andthen 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) "Ile interest portion of the unpaid Minimum Payment; and (b) my 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. Thin Agreement covers a revolving line of credit for $ zs, ono. oo 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 Cbecks" will apply. You may borrow against the Credit Line, repay any portion of the amount borrowed, and raborrow up to the amount of the Credit Limit. You agree not to attempt, request, or obtain a credit advance tbat 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. 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 vow 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 ti°CEO 0E©'DIJ icy9T4ccIPTE 9tJ7?35Nf10=? 173JI0 SPl32 il1J 6i a0 h?IdZiii; .^a Page 3 give us conflicting instructions, such as one of you telling us not to give check advances to the other. . Any such instructions will not be followed by us. However, any one of you may cancel your Credit Line under paragraph 30, "Cancellation by You". 7. Limitations on Use of Cbecks We reserve the right not to honor Credit Line checks in the following cucumstences: (a) Your Credit Limit has been, or would be, exceeded by paving 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 act 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 Agreemea Our liability, if any, for wrongful dishonor of a check is limited to your actual damages. Dishonor for any reason as provided in this Agreement is not wrongful dishonor. 8. Authorized Signers. The words "Authorized Signer" on checks as used in this Agreement mean and include each person who (a) sign the application for this Credit Line, and (b) signs this Agreement. 9. Stop payments. We do notbonor stop payment orders for checks drawn against your Credit Line Account You therefore should not use your Credit Line Account if you anticipate the need to stop payment. You agree that we will have no liability to you or to any other party because we do act honor stop payment orders. 18. 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 as is by calling us at (800) 922-9999. You also can notify us at Citizens Bank, Consumer Loan Servicing, 1 Citizens Drive, Riverside, RI 02915. 11. Charges to Your Credit Line. We may charge your Credit Line to pay other fees and costs that you are obligated to pay under this Agreement, under the Mortgage orunder 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 cnrre defaults under any existing liens on your dwelling. If you do not pay yourproperty taxes, we may cbarge your Credit Line and pay the delinquent taxes. Any amount so charged to your Credit Line will be a cre trit 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 oS/16/2002 to us on property located in cvtBaa -VM 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 desmbed 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 Raze then applicable to your account k3. Insursace. 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 as mortgagee on all required insurance policies. The '*s cane 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 purcbase insurance to protect our own interest, add the premium to your balance, pursue any other remedies available to as, or do any one ormore of these things. 14. Right of SetofL We have the right under the law to transfer funds held in nay deposit amount that any person who signs this Agreement bas 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 ns 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 as (whether checking, savings, or some other accormt), 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 27000 T60,014 TFT9T92'c TPTE ? 9NI-1BV4rI0D 173614 SNEZ111-? 17:TP »AR,',7T'^M Page 4 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 tinder this Ageement during the Thaw 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 Nev, 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 imdisbursed 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 nay) 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. Wbea 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 Tie Wall Street Ioumal Prime Rate, published daily in the listing of "Money Razes." We will use the Index value published on the last business day of each month for any ANNUAL PERCENTAGE RATE adju.-mient 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, Tl m divide the value by the number of days in a year (daily). To obtain the ANNUAL PERCENTAGE RATE, we multiply the Periodic Rate by the number of days in a year (daily). This result is the ANNUAL PERCENTAGE RATE. The ANNUAL PERCENTAGE RATE includes only interest and no other costs. The Periodic Rate and the corresponding ANNUAL PERCENTAGE RATE on your Credit Line will increase or decrease as the Index increases or decreases from time to time. Any increase in the Periodic Rate will takethe form of bighcr 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 nen billing cycle. In no event will the ANNUAL PERCENTAGE RATE be more than the lesser of 18.000% or the maximum rate allowed by applicable law. As of the date this Agreement was printed, the Index is • 7R % 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 cycle will be as stated below: The initial Periodic Rate and corresponding ANNAUL PERCENTAGE RATE actually To effect during the first billing cycle, which will be disclosed om your first periodic statement, may differ from ibex estimates if the Index changes between the date this Agreement was printed and the date you sign this Agreement. Margio Added ANNUAL Daily Periodic to Index PERCENTAGE RATE Rate - 0.250 % 4,50000% 0.01233% T'c00 DE8,014 TFZ9T9cc TnT6 ° 914113SNnOD 1?3a]0 5f43:!1l1D 5T:1D root, TT.'20 Page 5 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)/-% 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 Wall Street Journal ceases publication of the Prime Rate we may select a substantially similar Index which we will use to determine the ANNUAL PERCENTAGE 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 warram a discount. If you close your Citizens Circle Gold Checking Account or other designated deposit relationship account, a non-refundable Annual Fee of 850.00 will be charged to your Credit Line Account on each Anniversary of your Credit Line Account, during the Draw period thereafter. 22. Late Charges. Depending on the state in which you signed this Agreement, your late fee will be calculated as follows: MA: Your payment will be We if it is not received by us within 15 days of the "Payment Due Date' shown on your periodic statement If your paymem is late, we may charge you 3.000% of the payment or $10.00, whichever is less. You will pay this late cbarge only once on any late payment Cr and RE Your payment will be late if it is not received by us within 10 days of the "Payment Due Date" shown on your periodic statement If your payment is late, we may charge you 5.000% of the payment or $10.00, whichever is less. NM Your payment will be late if it is not received by us within 10 days of the "Payment Due Date" shown on your periodic statement If your payment is late, we may charge you 7.000% of the payment or $1250, whichever is greater. PA and DE: Your payment will be late if it is not received by us within 15 days of the 'Tayment Due Date" shown on your periodic statement If your payment is late, we may charge you 10.000% of the payment of $20.00, whichever is greater. 23. Termination and Acceleration. The entire unpaid balance of your Credit Line Account, including unpaid fees and Finance Charges, shall at our option become immediately due and payable and we can terminate your Credit Line Account by sending you notice, if nay of the following occur. (a) You have at say time in connection with this Credit Line Account, including your application for same, committed fraud or have made, or make at anytime, any material misrepresentation. For purposes of this provision, fraud and material misrepresentation shall mean knowingly making any false financial or otter statement with the intent that it be relied upon by as and/or intentionally failing to disclose information in connection with the Credit Line Account; (b) Failure to make any payment under this Agreement; (c) Your action or inaction adversely affects the collateral for the Credit Line Account or our rights in the collateral, This cast 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 sock 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. DODO TE•0'GJ tc.z5T5c?Ttt6 - 941-13slrlbp 1D3610 543=111-, Te: TO tooF,?T t- '£O Page 6 24. Suspension or Reduction. In addition to any other rights we may have, (mcither 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 thisCredit 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 reasombly believe tbat 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 AccounL 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 couceraing maintenance os 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 nnder 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 as 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 Lime 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 is 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. Collation 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 anomey's fees incurred by us in the collection of amounts due »nderthis Agreement 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 judgmeat collection services. In New Hampshire, iL but only if, by applicable law, we are permitted to collect attorney's fees from you as part of our costs of collecting any amounts due under this Agreement, them you, to the extent required by New Hampshire Revised Statures Annotated Chapter 361-C, as amended, shall be entitled to reasonable attorney's fees if you prevail in (a) ally action, suit or proceeding brought by us, or (b) any action brought by you. If you successfully assert a partial defense or setoff reeoupmem or counterclaim to any action brought by us, the court may withhold from us the entire amount or such portion of the anomey's fees as the court considers equitable. 27. Delay in Enforcement Failttre at any time by us to exercise any of our rights hereunder shall =or 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 consdmtcs a breach of a material obligation of yours under this Agreement: (a) You fail to make any payment wben due or to pay any cbmge or fee when due; EZ00 060'DIJ Tc?5T?c?TPTE 9NI?357J?0? 1?3tlhQ SIJ3ZIl IQ ET?TO i•OC+'c?TTi2C? Page 7 (b) Your action or failure to act adversely affects our security for your Credit Line Account or a right we have in the security (an attempt by any other creditor to take money or other property of yours that is in our possession is an example of a failure to act that would adversely affect our security or security interest); (c) A court determines that you are bankrupt or insolvent; or (d) You gave or give us false or materially misleading information in connection with any extension of credit to you under your Credit Line Account 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. If we have to suc you to collect what you owe, you agree to pay our legal fees, including court costs. 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 tban your credit limit will be due and payable immediately. 30. Cancellation by You. If you cancel your right to credit advances tinder this Agreement, you must notify us in writing and destroy all Credit Line checks and any other Credit Line Account access devices. Despite cancellation, your obligations under this Agreement will remain in full force and effect until you have paid us all amounts due under this Agreement 31. Prepayment. You may make additional payments or may payback more than the Minimum Payment Due at any time without penalty, except we will be entitled to receive all accrued FINANCE CHARGES, and other charges, if any. Payments in excess of your Minimum Payment will not 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 instmmeat 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 Agrrement. 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. 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. Tax Deductibility. You understand that Lender makes no representation or warranty whatsoever concerning the tax consequences of this Credit Line Account, including the deductibility of interest, 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 Accmmtnm be deducible. b2o0 T6e"ai TCG'9T9i:CTYT6 9NIl3SNnCD l",3dIQ SN3ZI11J TZ:TB bOOF,'I T. -CO Page 8 37. Governing Law. This Agreement is governed by federal law and by the laws of the state or commonwealth in which this Agreement was signed: The Commonwealth of Massachusetts, the State of node Island, the State of Connecticut, the State of New Hampshire, the Commonwealth of Pennsylvania or the State of Delaware. To the extent that federal law preempts state law, this Agreement is governed by federal law. If any provision of this Agreement conflicts with nay existing or fume 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. 3& Interpretation. The names given to paragraphs or sections in this Agreement art for reference purposes only. They are not to be used to interpret or define the provision of this Agreement. You agree that this Agreemeot, 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 resr 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 bas taken place. The copy, microfilm, microfiche, or optical image will have the same validity as the onginaL You agree that, except -to the extent you can show there is a billing error, your most current periodic statement is the best evidence of your obligation to pay. 39. Adtnowledgment. You understand and agree to the tetras 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 Ume: What You Should Know About Home Equity Lines of Credit," and disclosuresinotices provided under applicable state ]aw; given with the application before signing the Mortgage and before using your Credit Line Accou n. 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 acknowledge that you receivod and road Ae Home Equity disclosure atatcmeis pmvidod to you during the application process, which include fmporant Terms, When Pour Home is On the Lino Servicing Disclosure Starsmew, Good Faith Estimate, Right to Receive a Copy of an Appraisal, for MA rest idmis only, Maseaehusam Mortgage Loan Disclosure, Uniform Mortgage Loan Cost Worksheet Coruvmor Guide to Obtaining a Mortgage, for CT residers only, Moneager7 light to Counsel, for RI residents only, Choice of Title Attorney Durcjww4 and for NJ residents only, Right to Own Counsel Disclosure You also aclmowledge that you received tae lmurazw Application Disclosure, both orally (if you applied in a branch office or by tdcphoac) and in writing, at the time you applied for credit Additionally, you acknowledge Ant with your application, you provided your consmt to in to check your tmPloymeat and credit history with any source and to answer questions about your credit experience with us. NOTICE TO NEW JERSEY BORROWERS: READ = NOTE BEFORE YOU SIGN. DO NOT SIGN THIS NOTE IF IT CONTAINS BLANK SPACES. THE NOTE IS SECURED BY A SECONDARY MORTGAGE ON YOUR REAL PROPERTY. 6100 060,0N TZ 9TgccTrT6 ° g141-1351 MJ 1J3tl14 6N3Z111 61 :To r00 ITr20 Page 9 i -NOT A DEPOSIT 'NOT FDIC-INSURED 'NOT INSURED BY ANY FEDERAL GOVERNMENT AGENCY -NOT GUARANTEED BY CITIZENS BANK ANY AFFILIATE OF CITIZENS BANK TYPE AUTHORIZATION (each borrower must sign below) O Single Credit Yes, I qualify for and want single credit life insurance Life Borrower Signature Print Name yes, we qualify for and want joint credit life insurance D Join[ Credit Life Borrower Signature Print Name Co-Borrower Signature Print Name Efreetive Disbursement Date: asi,1i1002 CREDIT INSURANCE DISCLOSURE CREDIT LIFE INSURANCE: YOU CANNOT BE DENIED CREDIT SIMPLY BECAUSE YOU CHOOSE NOT TO BUY CREDIT INSURANCE. CREDIT LIFE INSURANCE IS NOT REQUIRED TO OBTAIN CREDIT. INSURANCE Ntia.L NOT BE PROVIDED UNLESS YOU SIGN AND AGREE TO PAY THE ADDITIONAL CHARGE. ® If the box at the beginning of this paragraph is checked, I acknowledge that I'am not obtaining credit insurance for this Credit Line Account for one of the following reasons: (a) I am not eligible for credit insurance; (b) Credit insurance is not available from Lender; or (c) I in eligible and credit insurance is available from Leader, and I do not want it. ? If the box at the beginning of this paragraph is checked, I desire Credit Life Insurance on 05/16/2002 - - Monthly Premium per $1,000 of Insured Debt is: MA: S.69 for Single Life and 51.10 for Joint Life Premium RE S-66 for Single Life and 51.05 for Joint Life Premium NH: S.66 for Single Life and SI.03 for Joint Life Premium CT: S.80 for Single Life and SI20 for Joint Life Premium PA: S.70S for Single Life and SL234 for Joint Life Premium NJ: S.62 for Single Life and S93 for Joint Life Premium DE: 51.00 for Single Life and 51.67 for Joint Life Premium You have agreed to purchase credit insurance through Citizens Bank in connection wftb your loan- T60'004 TZZ@T?ZTCTE + 9NI-139rJ?ip_? 1?3CIrJ SN32I11J TZ:TO thOOZUTT,ZO Prior to signing this Credit Insurance Notice on 05/16/2002 freed and understood alt of the provisions of this Disclosure. 'Ibis Agreement is dated 05116/2002. THIS AGREEMENT IS SIGNED UNDER SEAL. 0?.?11/2004 01:19 CITIZENS PtRECT COUNSELItJG > 914122615221 N0.090 /n// /(///J7/7y ? ? ?r RC9ERT P. ZIEGL-ER OF DEEDS J rCOUNTY- ^}C - D2 Ray 22 PA 12 03 CITIZENS BANX PENNSYLVANIA HOME EQUITY LINE OF CREDIT OPEN-END MORTGAGE (Securing Future Advances) THIS MORTGAGE is made ou 0 511 61200 2 The mortgagor is MARGARET B YOUNG WALLACE WYOUNCJ(DECEASED) This Mortgage is given to Citizens Bank of Pennsylvania Whose address is 1735 Marker Street Philadelphia PA 19103 ("Lender"). In this Mortgage, the terms "you " „your" and "yours" refer to the mortgagor(s). The terms Owe'" "us" and "our" refer to the Lender. Page 1 PAOPEN REV. 1W I D007 BK 175SFIG 28 I l 02/11/2004 01:19 CITIZENS P'OECT COUNSELING -? 914122516221 tQ.090 9008 Pum=t to a Home Equity Line of Credit Agreement dated the same date as this Mortgage ("Agreement ), you may incur maximum unpaid loan indebtedness (exclusive of interest thereon) in amounts fluctuating from time to rime up to the maximum principal sum outstanding at any time of S 25.000.00 Dollars . The Agreement provides for a feral scbeduled installment due and payable not later than on 0521/2027 . You agree that this Mortgage shall continue to secure all sums now or hereafter advanced under the terms of the Agreement including, without limitation, such sums that arc advanced by us whether or act ar the time the sums are advanced there is any principal sum outstanding under the Agreement. The parties hereto intend that this Mortgage shall secure unpaid balances,'future advances and all other amounts due to us here under and under the Agreement This Mortgage secures to us: (a) the repayment of the debt evidenced by the Agreement, including future advances, with interest, and all refinancings, renewals, extensions and modifications of the Agreement; (b) the payment of all other sums, with interest, advanced under this Mortgage to protect the security of this Mortgage-, and (c) the performance of your covenants and agreements under this Mortgage and the Agreement. For this purpose and in consideration of the deb4 you do hereby mortgage, grant and convey to us and our successors and assigns the following described property located in CUMBERLAND Pennsylvania: SEE kTTACB:ED SCHEDULE A which has the address of 809 FLINTLOCK RIDGE ROAD, MECHANICSBURG, PA 17055 Page: 2 ("Property Address"); BK 1759PG2812 02/11/2004 01:19 CITIZENS P'OECT COUNSELING 4 9141?v2616221 NO.090 9009 TOGETMER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures' now or hereafter a part of the property. All replacements and additions shall also be covered by this Mortgage. All of the foregoing is referred to in this Mortgage as the "Property." YOU COVENANT that you are lavfnlly seized of the estate hereby conveyed and have the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. You warrant and will deferred generally the tide to the Property against all claims and demands, subject to any encumbrances of record YOU AND WE covenant and agree as follows: 1. Payment of Principal, Interest and Other Charges. You shall pay when due the principal of and interest owing under the Agreement and all other charges due hereunder and due under the Agreement 2. Application of Payments. Unless applicable law provides otherwise, all payments received by us under the Agreement and Section 1 shall be applied by us as provided in the Agreement 3- ` prior Mortgages; Charges; Liens. You shall perform all of your obligations under any mortgage, deed of trust or other security instruments with a lien which has priority over this Mortgage, including your covenants to make pa?mems when due. You shall pay all taxes, assessments, charges, finds and impositions attributable to the Property which may attain priority over this Mortgage, and leasehold payments or ground tents, if any. Upon our request, you shall promptly furnish to us all notices of amounts to be paid under this paragraph and receipts evidencing any such payments you make directly. You shall promptly discharge any lien (other than a lien disclosed to us in your application or in any title report we obtained) which has priority over this Mortgage. 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 arc 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 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. d. Hazard Insurance. You shall keep the Property insured against loss by fire, hazards included within the term "extended coverage" and any other hazards, including floods or flooding, for which we require insurance. This insurance shall be maintained in the amounts and for the periods that we require. You may choose any insurer reasonably acceptable to us. Insurance policies and renewals shall be acceptable to us and shall include a standard mortgagee clause. If we require, you shall promptly give us all receipts of paid premiums and renewal notices. If you fail to maintain coverage as required in this section, you authorize us to obtain such coverage as vie in our sole discretion determine appropriate to protect our interest in the Property in aeccrdanca with the provisions in Section 6. You understand and agree that any coverage we purchase may cover only our interest in tb? 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 fob such insurance. Page 3 BK 1759PG28 13 02111/2004 01:19 CITIZENS ^IRECT COUNSELING > 914122616221 110.090 D010 You shall promptly notify the insurer and us of any loss. We may make proof of loss if you do not promptly do so. We may also, at our option and on your behalf, adjust and compromise any claims under the insurance, give releases or acquittances m the insurance company in connection with the settlement of any claim and collect and receive insurance proceeds. You appoint us as your atmmey-in-fact to do all of the foregoing, which appointment you understand and agree is irrevocable, coupled with an interest with full power of substitution and shall not be affected by your subsequent disability or incompetence. Insurance proceeds shall be applied to. restore or repair the Property damaged, if restoration or repair-is. economically feasible and our security would not be lessened. Otherwise insurance proceeds shall be applied to sums secured by this Mortgage, whether or not then due, with any excess paid to you. If you abandon the Property, or do not answer within 30 days our notice to you that the insurer has offered to settle a claim, then we may collect and use the proceeds to repair or restore the Property or to pay sums secured by this Mortgage, whether or not then due. The 30-day period will begin when notice is given. Any application ofproceeds to principal shall not require us to extend or postpone the due date of monthly payments or change the amount of monthly payments. If we acquire fie Property at a forced sale following your defanlt, your right to any insurance proceeds resulting from damage to the Property prior to the acquisition shall pass to us to the extent of the sums secured by this Mortgage immediately prior to the acquisition- You 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; Borrower's Loan Application; Leaseholds. You shall noI destroy, damage or substantially change the Property, allow the Property to deteriorate, or commit waste. You 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 Section 17, by causing the action or proceeding to be dismissed with a ruling that, in our good faith determination precludes forfeiture of your interest in the Property or other material impairment of the lien created by this Mortgage or our security interest You 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 connectiou with the loan evidenced by the Agreement, including, but not limited to, representations concerning your occupancy of the Property as a principal residence. If this Mortgage is on a leasehold, you shall comply with the lease. If you acquire fee title to the Property, the leasehold and fee title shall not merge unless we agree to the merger in writing. 6. Protection of Our Rights in the Property; Mortgage Insurance. If you fail to perform the covenants and agreements contained in this Mortgage, or there is a legal proceeding that may significantly affect our rights in the Property (such as a proceeding in banlauptcy, probate, for condemnation or forfeiture or to enforce laws or regulations), then we may do, and pay for, anything necessary to protect the Property's value and our rights in the Property. Our actions may include paying any sums secured by a lieu which has priority over this Mortgage or any advance under the Agreement or ibis Mortgage, appearing in court, paying reasonable attorney's fees, paying any sums which you are required to pay under this Mortgage and Page 4 8K 1759PIG281 4 02,%11!2004 01: 19 C I T 122 G '''' PELT COUPISEL I t IG = 91412616221 H0.090 poll required to pay undo this Mortgage and entering on the Property to make repairs. We do not have to take any action we are permitted to take under this paragraph. Any amounts we pay under this paragraph shall become additional debts you owe us and shall be secured by this Mortgage. These amount[ shall bear interest from the disbursement date at the rate established under the Agreement and shall be payable, with interest, upon our request Uwe required mortgage insurance as a condition of making the loan secured by this Mortgage, you shall pay the premiums for such insurance until such time as the requuemmt for the insurance terminates. 7. Inspection. We may enter and inspect the Property at any reasonable time and upon reasonable notice. S. Condemnation. The proceeds of any award for damages, direct or consequential, in connection with any condemnation or other talang of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to us. If the Property is abandoned, or if, after notice by us to you that the condemnor offers to make an award or settle a claim for damages, you fail to respond to us within 30 days after the date the notice is given, we are authorized to collect and apply the proceeds, at our option, either to restoration or repair of the Property or to the sums secured by this Mortgage, whether or not then due. Unless we and you otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments payable under the Agreement and Section 1 or change the amount of such payments. 9. You Are Not Released; Forbearance by Us Not a Waiver. Extension of time for payment or modification of amortization of the sums secured by this Mortgage granted by us to any of your successors in interest shall not operate to release your liability or the liability of your successors in interest. We shall not be required to commence proceedings against any iaccessor in interest, refuse to extend time for payment or otherwise modify amortization of the sums secured by this Mortgage by reason of any demand made by you or your successors in interest Our forbearance in exercising any right or remedy shall not waive or preclude the exercise of any right or remedy. 10. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements of this Mortgage shall bind and benefit your successors and permitted assigns. Your covenants and agreements shall be joint arfd several. Anyone who co-signs this Mortgage but does not execute the Agreement (a) is co-signing this Mortgage only to mortgage, grant and convey such person's interest in the Property; (b) is not personally obligated to pay the Agreement, but is obligated to pay all other sums secured by this Mortgage; and (c) agrees that we and anyone else who signs this Mortgage may agree to extend, modify, forbear or make any accommoda c= regarding the terms of this Mortgage or the Agreement without such person's consent. 11. Loan Charges. If the loan secured by this Mortgage is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from you which exceed permitted limits will be refunded to you. We may choose to make this refund by reducing the principal owed under the Agreement or by making a direct payment to you. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Agreement. Page 5 BK1759 2 515 02/11/2004 01:19 CITIZEtIS "'RECT COUNSELING ? 914122615221 NO-090 P012 12. Notices. Unless otherwise required by law, any notice to you provided for in this Mortgage shall be delivered or mailed by first class mail to the Property Address or any other address you designate by notice to us. Unless otherwise required by law, any notice to us shall be given by first class mail to our address stated above or any other address we designate by notice to you_ Any notice provided for in this Mortgage shall be deemed to have been given to you or us when given as provided in this paragraph. 13. Governing Law; Severability. The interpretation and enforcement of this Mortgage shall be governed by the law of the jurisdiction in which the property is located, except as preempted by federal law. In the event that any provision or clause of this Mortgage or the Agreement conflicts with applicable law, such . conflict shall not affect other provisions of this Mortgage or the Agreement which can be given effect without the conflicting provision. To this end the provisions of this Mortgage and the Agreement are declared to be severable. 14. Transfer: of the Property. If all or any part of the Property or any interest in it is sold or transferred without our prior written consent, we may, at our option, require immediate payment in full of all sums secured by this Mortgage. However, this option shall not be exercised by us if exercise is prohibited by federal law as of the date of this Mortgage. 15. Sale of Agreement; Change of Loan Servicer. The Agreement or a partial interest in the Agreement (together with this Mortgage) may be sold one or more times without prior notice to you. A sale may result in a change in the entity (1mown as the "Loan Servicer") that collects monthly psyments due under the Agreement and this Mortgage. There also may be one or more changes of the Loan Scrvicer unrelated to the sale of the Agreement If there is a change of the Loan Servicer, you will be given written notice of the change as required by applicable law. The notice will state the name and address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any information required by applicable law. 16. Hazardous Substances. You shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. You shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the pre"ce, 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. You 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 Substance or Environmental Law of which you have actual Imowledge. If you learn or are notified by any government or regulatory authority, that any removal'or other remediation of any Hazardous Substance affecting the Property is necessary, you shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this Mortgage, "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 Mortgage, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection. Page 6 6K 1759FG28 16 02/11/2004 01:19 CITIZENS ^'RECT COUtISELING - 914122515221 NO. 090 9013 17. Acceleration; Remedies. You will be in default if (1) any payment required by the Agreement or this Mortgage is not made when it is due; (2) we discover that you have committed fraud or made a material misrepresentation in connection with the Agreement; (3) you tale any action or fail to take any action that adversely affects our security for the Agreement or any right we have in the Property; or (4) a court determines that you are bankrupt or insolvent. If a default occurs (other than under paragraph 14 hereof, unless applicable law provides otherwise), we will give you notice specifying: (a) the default; (b) the action required to cure the default; (c) when the default must be cured; and (d) that failure to cure the default as specified may result in acceleration of the sums secured by this Mortgage, foreclosure by judicial proceeding and sale of the Property. The notice shall further inform you of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the nonexistence of a default or any other defense you may have to acceleration and foreclosure. If the default is not cured as speed in the notice, we, at our option, may declare all of the sums secured by this Mortgage to be immediately due and payable without further demand and may foreclose this Mortgage by judicial proceeding. We shall be entitled to collect in such proceeding all expenses of foreclosure, including, but not limited to, reasonable attorneys' fees as permitted by applicable law and costs of title evidence. is. Discontinuance of Enforcement. Notwithstanding our acceleration of the sums secured by this Mortgage made the provisions of Section 17, we may, in our sole discretion and upon such conditions as we in our sole discretion determine, discontinue any proceedings begun to enforce the terms of this Mortgage. 19. Release. Upon your request and payment of all sums secured by this Mortgage, we shall discharge and satisfy this mortgage without charge to you. You shall pay any recordation costs. 20. Additional Cbarges. You agree to pay reasonable charges as allowed by law in connection with the servicing of this loan including, without limitation, the costs of obtaining tax searches and subordinatious. Provided, however, that nothing contained in this section is intended to create and shall not be construed to create any duty or obligation by us to perform any such act, or to execute or consent to any such transaction or matter, except a release of the Mortgage upon full repayment of all sums secured thereby. 21. Waivers. You, to the extent permitted by applicable law, waive and release any error or defects in proceeding to enforce this Mortgage, and hereby waive the benefit of any present of future laws providing for stay of execution, extension of time, exemption from attachment, lcvy and We, and homestead exemption. No waiver by us at any time of any term, provision or covenant contained in this Mortgage or in the Agreement secured hereby shall be deemed to be or construed as a waiver of any other term, provision or covenant or of the same term, provision of covenant at any other time. 22_ Reinstatement Period. Your time to reinstate prodded in Section 17 shall extend to one hour prior to the commencement of bidding at a sheriff s sale or other sale pursuant to this Mortgage. 23. Purchase Money Mortgage- if any of the debt secured by this Mortgage is lent to you to acquire title to the Property, this Mortgage shall be a purcbasc money mortgage. Page 7 BK 1759PG2817 02.'1L`2004 01:19 CITI-M5 -'RECT COUNSELING 4 914122515221 DIO,090 9014 24. Interest Rate After Judgment You agree That the interest rate payable after a judgment is entered on the Agreement or is an action of mortgage foreclosure shall be the rate payable from time to time under the Agreement. IN WITNESS WHEREOF, you have hereussto set your hand and seal the day and year fast above written. Page 3 BK,1759 HH 18 02.,11/2004 01:19 CITIZENS nIRECT COUNSELltJG - 914122616221 N0.090 9015 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 PhMdelphia,PA 19103 Citizens Bank of Pennsylvania By, N e? Tide: P!!!4 Clerk. Please return to: CITIZENS BANK Consnnker Loan Operations 480 Jefferson Bouleya?d Warwick, RI 02886 Page 9 BK 1 759PG28 19 02/11.2004 01:19 CITIZENS -'RECT COUNSELING 4 914122616221 INDIVIDUAL ACKNOWLEDGMENT STATE OR COMM NWEALTH OF COUNTY OF ??..E? ))SS: N0.090 gels On the A2 day of aooa , before me appeared MARGARET B YOUNG 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 hand and official seal. (Official Seal) - No ry Public N'wa seaw P?a? Pint Name: G,n9er?'n.NOWYPU'J'C Title: My C,v Mssw E Ores .23, 2006 My Commission expires: Manioar. Perrsrt+ane wuaaemn Of NOMM Attention Registry of Deeds/Town or City Clerk: Mail to: Citizens Bank Consumer Finance Operations 480 Jefferson Boulevard Warwick, RI 02886 ACAPA 11/01 _, rec:rnxrsti BK1759PS2820 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE The Commonwealth of Pennsylvania's Homeowners' Emergency Mortgage Assistance Program may be able to help you. Read the attached notice to find out how the program works. If you need more information call the Pennsylvania Housing FinanceAgency at 1(800) 342-2397. Lanotificacion en adjunto es de suma importancia, pues afecta su derecho a continuar viviendo en su casa. Si no comprende el contenido de esta notificacion obtenga una traduccion inmediatamente Ilamando esta agencia (Pennsylvania Housing Finance Agency) sin cargos al numero mencionado arriba. Puedes serelegible pars un prestamo por el programa Ilamado "Homeowner's Emergency Mortgage Assistance Program" el cual puede salvar su casa de la perdida del derecho a redimir su hipoteca. ACT 91 NOTICE IMPORTANT: NOTICE OF HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM PLEASE READ THIS NOTICE YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS Date: May 23, 2005 Re: Account No.: 6057097347; Mortgage in the original principal amount of $25,000.00 dated May 16, 2002, in favor of Citizens Bank To: Ms. Margaret B. Young From: Paul David Burke, Esquire Sherrard, German & Kelly, P.C. 28th Floor, Two PNC Plaza Pittsburgh, PA 15222 You maybe eligible for financial assistance that will prevent foreclosure on your mortgage if you comply with the provisions of the Homeowners' Emergency Mortgage Assistance Act of 1983 (the "Act"). You may be eligible for emergency temporary assistance ifyourdefault has been caused by circumstances beyond yourcontrol, you have a reasonable prospect of resuming your mortgage payments, and if you meet other eligibility requirements established by the Pennsylvania Housing Finance Agency. Please read all of this Notice. It contains an explanation of your rights. Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with a representative of this lender, or with a designated consumer credit counseling agency. The purpose of this meeting is to attempt toworkout a repayment plan, orto otherwise settle your delinquency. This meeting must occur in the next thirty (30) days. If you attend a face-to-face meeting with this lender, or with a consumer credit counseling agency identified in this notice, no further proceeding in mortgage foreclosure may take place for thirty (30) days after the date of this meeting. The name, address and telephone number of our representative is: Ms. Heather Strother Foreclosure Specialist Citizens Bank 100 Sockanossett Crossroads Cranston, RI 02920 Telephone Number: (888) 522-7552 The names and addresses of designated consumer credit counseling agencies are shown on the attached sheet. It is only necessary to schedule one face-to-face meeting. You should advise this lender immediately of your intentions. Your mortgage is in default because you have failed to pay promptly installments of principal and interest, as required, for a period of at least sixty (60) days. The total amount of the delinquency is $1,312.96. That sum includes the following: Monthly payments of $310.61 forthe month of February, 2005, $325.61 forthe month of March, 2005 and $326.14 forthe month of April, 2005; an additional amount of $316.71 is due to partial payments in the past; and late charges in the amount of $33.89. The interest per diem is $2.34 as of May 10, 2005. If you have tried and are unable to resolve this problem at or after your face-to- face meeting, you have the right to apply for financial assistance from the Homeowners' Emergency Mortgage Assistance Fund. In order to do this, you must fill out, sign and file a completed Homeowners' Emergency Assistance Application with one of the designated consumer credit counseling agencies listed on the attachment. An application for assistance may only be obtained from a consumer credit counseling agency. The consumer credit counseling agency will assist you in filling out your application and will submit your completed application to the Pennsylvania Housing Finance Agency. Your application must be filed or postmarked, within thirty (30) days of your face-to-face meeting. It is extremely important that you file your application promptly. If you do not do so, or if you do not follow the other time periods set forth in this letter, foreclosure may proceed against your home immediately. Available funds for emergency mortgage assistance are very limited. Theywill be disbursed by the Agency under the eligibility criteria established by the Act. It is extremely important that your application is accurate and complete in every respect. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that additional time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by that Agency of its decision on your application. The Pennsylvania Housing Finance Agency is located at 2101 North Front Street, Post Office Box 15530, Harrisburg, Pennsylvania 17105. Telephone No. (717) 780- 3800 or 1-800-342-2397 (toll free number). Persons with impaired hearing can call (717) 780-1869. In addition you may receive another notice from this lender underAct 6 of 1974. That notice is called a "Notice of Intention to Foreclose Mortgage." You must read both notices, since they both explain rights thatyou now have under Pennsylvania law. However, if you choose to exercise your rights described in this notice, you cannot be foreclosed upon while you are receiving that assistance. Very truly yours, SHERRARD, GERMAN & KELLY, P.C. By: P David Burke, Esquire Attorneys for Citizens Bank Consumer Credit Counseling Agency Notification To: Name of Mortgagee Address In accordance with the Pennsylvania Homeowners' Emergency Mortgage Assistance Program (Act 91 of 1983), we have been approached for mortgage counseling assistance by: Name of Applicant Address Telephone Number Mortgage Loan Number Address of property on which mortgage is in default, if different from above. The counseling agency met with the above-named applicant on who have indicated thatthey are more than sixty (60) days delinquent on their mortgage payments and have received notification of intention to foreclose from Name and Address of Mortgagee In accordance with the Homeowners' Emergency Mortgage Assistance Program, this is to inform you that: If the delinquency cannot be resolved within the 30 day forbearance period as provided by law, the applicant listed above may apply to the Pennsylvania Housing Finance Agency for Mortgage Payment Assistance. 2. By a copy of this Notice, we are notifying all other mortgagees, if any, which the applicant has indicated as also having a mortgage on the property identified above. 3. It is our understanding that the 30 day forbearance period in which we are now in ends on 4. No legal action to enforce the mortgage may occur during this forbearance period, unless procedural time limits were not met by the homeowner. Name of Counseling Agency Signer and Title Telephone Number Address CUMBERLAND COUNTY Consumer Credit Counseling Service of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 Financial Services Unlimited 117 West 3rd Street Waynesboro, PA 17268 (717) 762-3285 Urban League of Metropolitan Harrisburg 25 N. Front Street Harrisburg, PA 17101 (717) 234-5925 FAX # (717) 232-4985 YWCA of Carlisle 301 G Street Carlisle, PA 17013 (717) 243-3818 FAX # (717) 243-3948 SHEIRRAED, GERMAN & KELLY, P. C. ATTORNEYS AT LAW 28TH FLooiz Two PNC PLAZA Goo LIBERTY AVENUE PITTSBURGH. PENNSYLVANIA 15222 (412) 355-0200 PAUL DAVID BURKE FAX: (412) 261-6221 email: pdb@sgkpc.com May 23, 2005 VIA U.S. CERTIFIED MAIL RETURN RECEIPT REQUESTED AND U.S. FIRST CLASS MAIL Ms. Margaret B. Young 809 Flintlock Ridge Road Mechanicsburg, PA 17055 Re: Notice of Intention to Foreclose Mortgage Dear Ms. Young: The Mortgage held by Citizens Bank (hereinafter "the Lender") on your properly located at 809 Flintlock Ridge Road, Mechanicsburg, PA 170551S IN SERIOUS DEFAULT because you have not made the monthly payments of $310.61 forthe month of February. 2005 $325.61 forthe month of March 2005 and $326.1 Q forthe month ofApril. 2005. An additional amount of $316.71 is due to partial payments. Late charges have also accrued to this date in the amount of $33.89. The total amount required to cure this default as of the date of this letter is $1,312.96. You may cure this default within THIRTY (30) DAYS of the date of this letter, by paving tothe Lenderthe above amount of $1,312.96, plus any additional amounts which may fall due during this period. Such payment must be made either by cash, cashier's check, certified check or money order, and made at Citizens Bank. 100 Socknossett Crossroads Cranston. RI 02920 Attention: Ms. Heather Strother. If full payment of the amount in default is not made within THIRTY (30) DAYS, then, subject, to any additional rights you may have under the Homeowners' Emergency Mortgage Assistance Program, the Lender may instruct its attorneys to start a lawsuit to foreclose your mortgaged property. If the mortgage is foreclosed your mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the Lender refers your case to its attorneys, but you cure the default before they begin legal proceedings, you will still have to pay the reasonable attorney's fees, actually incurred, up to $50.00, in order to cure the default. However, if legal proceedings are started, in order to cure the default you will have to pay the SHERRAED. GERMAN & KELLY. P. C. May 23, 2005 Page 2 reasonable attorney's fees, actually incurred, even if they are over $50.00, and you may also be required to pay the Lender's reasonable costs. If you cure the default within the thirty-day period you will not be required to pay attorney's fees. If you have not cured the default within the thirty-day period and foreclosure proceedings have begun, you still have the rightto cure the default and preventthe sale at any time up to one hour before the Sheriffs foreclosure sale. You may do so by paving the total amount then due as well as the reasonable attorney's fees and costs connected with the foreclosure sale. It is estimated that the earliest date that such a Sheriffs sale could be held would be approximately September 20, 2005. A notice of the date of the Sheriffs sale will be sent to you before the sale. Of course, the amount needed to cure the default may increase the longer you wait, You may find out at anytime exactly what the required payment will be by calling the Lender at the following number: (888) 522-7552. This payment must be in cash, cashier's check, certified check or money order and be made payable to the Lender at the Lender's address stated above. You should realize thata Sheriffs salewill end yourownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriffs sale, a lawsuit could be started to evict you. You have additional rights to help protect your interest in the property. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY, OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION, TO PAY OFF THIS DEBT. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BYANYTHIRD PARTY ACTING ON YOUR BEHALF. YOU MAY ALSO HAVE ADDITIONAL RIGHTS UNDER THE HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM, IF A SEPARATE NOTICE ABOUT THAT PROGRAM IS ENCLOSED WITH THIS NOTICE. Very truly yours, SHERRARD, GERMAN & KELLY, P.C. By: ul David Burke, Esquire Attorneys for Citizens Bank VERIFICATION Heather Strother, Foreclosure Specialist, and duly authorized representative of Citizens Bank of Pennsylvania, deposes and says subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities that the facts set forth in the foregoing Complaint are true and correct to the best of her knowledge, information and belief. Heather Strother Foreclosure Specialist g^c /\ v ( ^v n ?- ? U o T c n U r ? ?1 C N 1 O N cC/) SHERIFF'S RETURN - REGULAR CASE NO: 2005-03372 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIZENS BANK OF PENNSYLVANIA VS YOUNG MARGARET B RICHARD SMITH Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon YOUNG MARGARET B the DEFENDANT , at 1829:00 HOURS, on the 14th day of July , 2005 at 809 FLINTLOCK RIDGE ROAD MECHANICSBURG, PA 17055 by handing to FRANCISCO TORRES, GRANDSON a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs Docketing 18.00 Service 9.60 Affidavit .00 Surcharge 10.00 .00 37.60 Sworn and Subscribed to before me this !q day of n;...? A.D. So Answers: R. Thomas Kline 07/15/2005 SHERRARD GERMAN E By: Deputy Sheriff Ptothonotary SHERIFF'S RETURN - REGULAR CASE NO: 2005-03372 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIZENS BANK OF PENNSYLVANIA VS YOUNG MARGARET B RICHARD SMITH Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon YOUNG MARGARET B the DEFENDANT , at 1829:00 HOURS, on the 14th day of July 2005 at 809 FLINTLOCK RIDGE ROAD MECHANICSBURG, PA 17055 by handing to FRANCISCO TORRES, GRANDSON a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 9.60 Affidavit .00 Surcharge 10.00 .00 37.60 Sworn and Subscribed to before By: me this I g day of P othonotary So Answers: R. Thomas Kline 07/15/2005 SHERRARD Curtis R. Long Prothonotary office of the i9rotbonotarp Cumberranb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor OS -337 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 29TH DAY OF OCTOBER 2008 AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2 BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573