HomeMy WebLinkAbout01-5668IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PNC BANK N.A.
VS,
Plaintiff
No. O' -- C,o:
COMPLAINT IN MORTGAGE FORECLOSURE
HAROLD O. ROYER
Defendant
CERTIFICATE OF ADDRESS:
311 N. SECOND STREET
BOROUGH OF WORMLEYSBURG
PARCEL NO. 47-19-1588-130
FILED ON BEHALF OF
Plaintiff
COUNSEL OF RECORD FOR
THIS PARTY:
LORI A. GIBSON, ESQ.
PA I.D. #68013
JON A. MCKECHNIE, ESQ.
PA I.D. #36268
Bemstein Law Firm, P.C.
Firm #718
1133 Penn Avenue
Pittsburgh, PA 15222
412-456-8100
BERNSTEIN FILE NO. F0008652
NOTICE
THIS COMMUNICATION IS FROM A DEBT COLLECTOR AND IS AN ATTEMPT TO
COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT
PURPOSE.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PNC BANK N.A.
Plaintiff
vs. No.
HAROLD O. ROYER
Defendant
NOTICE AND COMPLAINT
NOTICE
You have been sued in Court. If you wish to defend against the claims set forth in the following
pages, you must take action within twenty (20) days after this Complaint and Notice are served upon you,
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 wamed 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Lawyer Referral Service
PA Bar Association
P.O. Box 186
Harrisburg, PA 17108
1-800-692-7375
COMPLAINT
1. PNC BANK N.A. is a corporation with offices at 2730 Liberty Avenue, Pittsburgh, PA
15222 and is hereinatSer referred to as "Plaintiff".
2. Defendant is an adult individual who resides at 311 N. Second Street, Wormleysburg,
Cumberland County, Pennsylvania 17043.
3. On or about April 15¢1995 Defendant executed and delivered to Plaintiff a Mortgage on
certain real property owned by Defendant. Said Mortgage was recorded in the Office of the Cumberland
County Recorder of Deeds in Mortgage Book Volume 1262, Page 961. A copy of said Mortgage is attached
hereto, marked Exhibit "1" and made a part hereof.
4. On or about May 8, 1995, Plaintiff executed an Assignment of Mortgage from Koolvent
Aluminum Products, Inc., Plaintiff's assignor. Said Assignment was recorded contemporaneously with the
Mortgage in the Office of the Cumberland County Recorder of Deeds in Mortgage Book Volume 1262,
Page 961.
5. Of even date with said Mortgage, Defendant executed and delivered to Plaintiff a Personal or
Home Improvement Installment Loan Contract, a copy of which is attached hereto, marked Exhibit "2" and
made a part hereof.
6. By the terms and conditions of the aforementioned Mortgage and Home Improvement
Installment Loan Contract, Defendant agreed to repay certain sums to Plaintiff and, in so doing, to make
certain monthly payments to Plaintiff as is more specifically shown by said Mortgage and Home
Improvement Installment Loan Contract.
7. Plaintiff avers that Defendant is in default of the terms and conditions of the aforementioned
Mortgage and Home Improvement Installment Contract by having not made payments as agreed, thereby
rendering the entire balance immediately due and payable.
8. On or about March 22, 2001, Notice of Homeowner's Emergency Act of 1983 was sent to
Defendant in accordance with Act 91 of 1983(P.L.385, No. 91), as amended, and in accordance with Act
6 of 1974(P.L. 11, No. 6), as amended, and pursuant to 12 PA.Code Chapter 31, Subchapter B, Section
31.201 et eq., as amended, and that an action on said Mortgage may be commenced after 33 days from the
postmark date of said Notice. Said Notice Further advised Defendant of Defendant's rights and
obligations in accordance with said Acts. A copy of said Notice is attached hereto, marked Exhibit 3",
and made a part hereof.
9. Plaintiff avers that the outstanding balance due is $11,663.96, as of July 20, 2001.
10. Plaintiff is entitled to interest at the rate of 12.78 percent per annum. Interest due from July
21, 2001 through and including August 31, 2001 amounts to $372.37.
11. Pursuant to the terms and conditions of the aforementioned mortgage, Plaintiff, at its
discretion, may do or pay whatever is necessary to protect the value of the property and Plaintiffs rights in
the property. This sum currently is uuliquidated.
12. Plaintiff is entitled to late charges of the lessor of $5.00 or 5% of the monthly payment of
principal and interest per month for a total of $25.00 as of August 31,2001.
13. By the terms of the aforementioned mortgage, Defendant has agreed to pay Plaintiffs
reasonable attorneys' fees, which currently are $850.00 and which will increase at the rate of $120.00 per
hour depending on the extent of litigation required.
14. Although repeatedly requested to do so by Plaintiff, Defendant willfully failed and refused to
pay the aforesaid balance, interest, escrow advances, late charges, attorney fees or any part thereof to
Plaintiff.
WHEREFORE, Plaintiff demands judgment in mortgage foreclosure against Defendant in the
amount of $12,652.05 with continuing interest and late charges at the contract rate plus costs.
BERNSTEIN LAW FIRM, P.C.
Loft A.'~bson, Esquire
Attorneys for Plaintiff
1133 Penn Avenue
Pittsburgh, PA 15222
(412) 456-8100
BERNSTEIN FILE NO. F0008652
.M6rtgage /a,;~/~ ~ '- Pi,taburgh PNC1BA~IK
Since Mortgagor has executed a certain obligation [Hereinafter celled the "Note" of eve date herew h
unto Mortgagee itu successors and assigns:
Therefore, Mortgagor aa security for the payment of the debt and intereat, together with all other sums payable hereunder, does grant and convey
311 N. 2nd Street Wormle~sburg PA 17043
IF THIS MORTGAGE IS EX[CMTED BY MORE THAN ONE PERSON O~ CORPORATION OR BOTH AS Mortgagor, the ~ulholil~lions, obligations,
IN WITNESS WHEREOF, the Mortgagor has signed these presents under seal this 15 day of ~D~il
m 95 _
SIGNED, SEA ED A D D ERED IN THE RESENCE OF
COUNTY OF Cumberlar~
Rico Road MoDroeville PA )5146
.( //
On this ,he 1 5 day o, ~ AD'ii lg~ '~'T~ ~ ~ ~ ~-1~(3~; -, Ihe
Y P ) be Ihe person(a) whose name(s) Is (are) subsc bed to the w h n insJ~v~l aQd ad~ged
Assignment of Mortgage~ -.
) SS:
Cou.ly of Alleqheny )
9 5
Request for Notice of Default and Foreclosure under Other Mortgages
X PNC Bank, National Association
Certificate of Residence
~60d262 ~Ac[ 0(:;2
TrTLE:
,.lome. ImprOvement Installment t ontrac[ , -,
nA~O-ON SALE MEMORANDUM (Check if applicable)
~ · ~n this Contm~ the
means each and all of the foll~ing ~LrO J ~
N Wormlcusb PA
n~s[: m~S ~ome ~mpr~ement Installment Contra~ (or Add-on Sale Memorandum, if applicable) covers Buyer's entire agreement with Contra~or concerning im-
pr~me~ or additional impr~ements if an Add-on Sa~e) which Contractor will make to th.e Prope~, Th~s Contract also covet the rights and responsibi t es of auyer
and Holder after Contractor assigns its rights to Holdec No additions or changes will be b nd ng on Contra~or unless they are n writing and signed ~ Contractoc
HeMen In ~is Contm~ the ~rd "Holder" means the Contractor or any person'to whom Contractor's rights under this Contract have b~en ~signed.
~pe~: In this Contm~ the ~rd "Prope~" means the prope~y whch s bong improved. [t ~s located at
B~r empl~ Con~or to furnish the labo~ material and equipment necessa~ ~o do the ~llowing work on :he Prope~:
Dlsolalmet ol wattanllo$. Any Goods which are part of the improvement are sold "As Is" in their present condition. Contractor and Holder ma~ no promises or warran-
ties about such Goods. There is no promise or warranty about merchantability, suitability or fitness for a particular purpose. Buyer may receive a separate written
w~rt~nt,/or seP,,ice contract covering such Goods.
ANNUAL FINANCE Amount Total of Payments Total Sale Price
PERCENTAGE CHARGE Financed The amount the Buyer The Total Price of the
RATE The dollar amount the The amount of credit will have paid after the Buyer's purchase on
The cost of Buyer's credit will cost the provided to the Buyer Buyer has made all credit, Including the
credit as a yearly rate. Buyer. or on the Buyer's payments as Buyer's downpayment
behalf, scheduled. $ ~..~-(~,. ~
of _
BUYER'S PAYMENT SCHEDULE WILL BE: 8ECURI~ INTERE~ CHARGES:
NO.~YME.~ A~UNTOF~YMENT WHEN PAYMENT IS OUE ( ~g & Satisfaction ~e $ ~,eO
MONTHLy ~A~IN~ ~TE CHARGE:
~ * ]S~'~* S/IS ~' (~ "payment is not made within 10 da~ of its due date Buyer will be charged
the lesser of $5.00 or 5% of the tote amount of the monthly payment due.
$ PREPAYMENT:
If Buwr pa~ off early, Burr may be enticed to a refund d pad of ~e tin.ce
SECURI~: ~ charge.
Contm~or is geeing a securiW intere~ in: See your contra~ documents for any additional information about nonp~-
ment, default, any required repayment in full before the scheduled date, and
( ) Goods being purchased ~ ~ pre-payment refunds and penagtbs.
j ~ E means an estimate
BREAKDOWN OF AMOUNTS PAID BY THE BUYER
Itemization of the Amount Financed.
(1) Cash Price Of This Sale (including Sales Tax of
(2) Less (a) Cash Downpayment $
(b) Trade4n (Deschbe)
Total Downpayment R)r This Sale
(3) Unpaid Cash Price Balance (1 minus 2)
(4) Amounts Paid to Others on Buyer's Behalf
(a) Credit Insurance (see below)
(b} To public officials
(c)
(d)
(5) Amount Financed Under This Sale (3 plus 4) 6) Unpaid Time Balance of Pdor Contract(s)
7) Less (a) Refund Credit From Prior Contract
(b) Refund of Insurance Premiums, if
any, From Prior Contract
8) Pdor Contract Balance to be Added to this Contract.
9} Total Amount Financed (5 plus 8)
(10) Finance Charge
(11) Total of Payments (9 plus 10)
(12) Total Sale Price (2 plus 11)
-/6'"
The Contractor agrees to do the work in a workmanlike manner.
.co BUYER'S PROMISE TO PAY. To pay for the work, Buyer promises to pay to
the Holder the Total of Payments. Buyer promises to make the payments on
or before the due dates stated in the Payment Schedule. Buyer also promises
to pay to Holder all other amounts which may become due under the terms
of this Contrect. These include Late Charges, if applicable, and, if Holder files
suit or takes other action to collect this contract or protect any collateral, costs
"2-5-"00''c incurred and a reasonable attorney's commission. Buyer agrees to make
.~'~ payments at a place designated by Holde~
SECURITY INTEREST. Buyer gives Contractor a secur ty interest in the follow-
ing (a of which are "Collateral"):
(a) [] Goods, identified as
(b) J~Real property,,located at
'" 3I N ,~nc[&.~-. Wormte_~51)or~ FA I-~OH-3
,',~05 -/"" Ic~l Any proceeds of such Goods and/or Real prope~.
Any additions, replacements or substitutes which are so affixed to the
Goods in the future as to become a part of the Goods.
(e) The proceeds and unearned rebated premiums of credit insurance, if
any, and of insurance covering the Goods.
7 If Contractor assigns its rights~ii~t~! I~I~clt~l~older, ~older may set
,u off any amounts due and unpin.
I~tlacI again~l~y
of
Buyer's
~3 mo?ey, on deposit with Holder.'l"lf~ i~c'lu~e§ ~ r~on'~y which is now or may
in me future be deposited with Hol~er by Buyer or with~.ny co-deposito~ This
oCt may be done v~ any prior r~tice t~Buyer. ~ ~GIC"~ ,
7L~ The security inferes[ g~ven m ires paragraph~ment of Buyer s
,'/~ obligation under this Contract.
(b) Trade-in (Describe)
Tctal [~Ownpayment For This Sale
(3) Unpaid Cash Price Balance (t minus 2}
(4) Amounts Paid to Others on Buyer's Behalf
(a) Credit insurance (see below)
(b) To public officials
(c)
to pay to Holder all other amounts which may become',~.~--,~A;-°.~pr°.mL
of this Contract. These include Late Charges, if applicable~,U;n~l',"~f~;l'~e[ref~I
suit or takes other a~ion to collect this cont~ or prote~ any collateral, co.
incurred and a reasonable a~omey's commission Buyer agrees to ma
payments at a place designated by Ho den
SECURITY INTERE~. Buyer gives Contra~or a secud~ intere~ in the folio
lng (air of which are "CollateraF'):
(a) ~ Goods, identified as
(d)
(5) Amount Rnanced Under This Sale (3 plus 4)
(6) Unpaid Time Balance of Prior Contract(s) $
(7) Less (a) Refund Credit From Prior Contract $
(b) Refund of insurance Premiums, if
any, From Prior Contract $
(8) Pdor Contract Balance to be Added to this Contract.
(9) Total Amount Financed (5 plus 8)
(10) Rnance Charge
(11} Total of Payments (9 plus 10)
(12) Total Sale Price {2 plus 11)
(13) Prepaid Finance Charge
(14) Payment Schedule - Buyer agrees to pay to Holder the Tctal of Payments in
uninterrupted monthly pa¥...,~m~nts of $ I~. 5~ each, and
a final payment of $_ ,,~ . The first payment will be due on
,~-/IS , 19 ~5(~ and then payments will be due on that
same day of each m~nth fogowing.
Credit Insurance. Credit life insurance and credit disability insurance are not required
to obtain credit. Neither will be provided unless Buyer(s) to be insured signs and
agrees to pay the additional cost. Buyer(s) may insure the life of one or two Buyers.
Credit disability insurance may be purchased on only one Buyec If obtained through
Contractor the cost of the insurance for the original term of the credit is:
[] I want Credit Life Insurance on 1 Buyer $
×
[] We want joint Credit Life Insurance $
X
X
[] I want Credit Life insurance on 1 Buyer and
Credit Disability Insurance. $ .
X
[] We want Credit Life Insurance on both and
Credit Disability Insurance on Buyer signing first line $
X
X
Credit Insurance Premium, ~
Notice To Buyers: Only the Buyer(s) w sign(s) above will be insured if insurance
is purchased. The maximum amount of coverage which the Insured Buyer(s) will
receive is set forth in the certificate or policy, as applicable.
The name of the Insurer is:
Check One: ( ) UNION SECURITY LIFE INSURANCE COMPANY
()
Property Insurance: Contractor may require insurance against lose or damage to
the Property. if required, Buyer may obtain property insurance from anyone Buyer
chooses that is acceptable to Contracto~
'75
. .~05"/
$ il~.O I, ~"/
$ ]t0'.40 ,oC~
$A5o91 ,~
$.
(b) j~ Re--al property, ,located at , _l ,~
(c) Any proceeds of such Goods and/or Real property.
(d) Any additions, replacements or substitutes which are so affixed to ti
Goods in the future as to become a part of the Goods.
(e) The proceeds and unearned rebated premiums of credit insurance,
any, and of insurance covering the Goods.
If Contractor assigns its rights under this Contract to Ho[der, Holder may s
off any amounts due and unpaid under this Contract against any of Buyer
money on delos t with Ho des This includes any money which is now or
in the future be deposited with Holder by Buyer or wth any co-depositoc Th
may be done without any prior notce to Buyer.
The security interest given in this paragraph secures the payment of Buyer
obligation under this Contract.
WAIVER BY CONTRACIOR AND HOLDER. Contractor and Holder give up ar
right to claim a security interest to secure this Contract in any property m
identified above.
LATE CHARGES. Buyer agrees to pay a late charge in an amount equal to th
lesser of $5.00 or five (5%) percent of the total amount of the monthly pm
ment due, on each installment payment, or portion thereof, in arrears for a perkJ
of 10 days or more.
PREPAYMENT IN FULL. Buyer may prepay the amount owed on this Contrm
at any time. If Buyer prepays the whole outstanding amount due on this Cur
tract at any time, or if the Contract is refinanced, the Holder wig rebate th
unearned Finance Charge to Buyer. The amount of the Finance Charge rebate
will be determined by using the accounting method called the Actuarial Metho(
which will assume that all payments were made when due. The amount rebate
will be not less than the amount determined by using the Rule of 78tbs in con
puting the unearned portion of the Finance Charge. No rebate, however, wi
be made if the amount of the rebate is less than $1.00 or which will result i
the Holder receiving a Finance Charge of less than $12.00.
DEFAULT, Buyer will be in default if Buyer does not make any payment befor
o ?,n th..e date Its ~ye. If Buyer Is In default, the entire outstanding balanc
on rms uontract w oecome due after notice as required by law. A default b
Buyer on this Contract is a default on every other note, loan agreement or securit
agreement of Buyer with the Holder. Buyer will also be in default if any of th
events listed on the back of this Contract under the heading DEFAULT helper
Please mad the back of this Contract.
If Buyer is in default, Holder may do either or both of the following:
(a) After notice as required by laws, requ re Buyer to pay immediately a
remaining payments and all other amounts due under the Contract
(b) Take other legal action.
RESPONSIBILITY OF BUYERS. If more than one Buyer has signed this Con
tract, ag who sign are responsible to Holder individually and together for pay
merit in fuji of this Contract,
ADDITIONAL TERMS. Buyer makes the promises piloted on the reverse sldt
Of this Contract as If thBy were printed here In full If a separate, identiflabh
charge for credit life and/or credit disability insurance is set forth, this Contrac
is subject to the NOTICE OF PROPOSED (Credit) INSURANCE on the reverm
side as it is printed there in full.
NOTICE TO BUYER: 1. Do not sign this Contract before you read it. 2. You are entitled to a completely filled-in copy of thin Contract. 3. Under the law you have
the right to pay off in advance the full amount due and under certain conditions, to obtain a partial refund of the FINANCE CHARGE. 4. If you rescind after the
time specified in he accompanying Notice of Right to Cancel, you are still entitled to offer defenses id mitigation of damages and to pursue any rights of action
or defenses that arise out of the transaction.
O,~ft BUYEBS ACKNOWLEDGE RECEIPT OF A COMPLETED COPY OF THIS CONTRACT.
Date 19 Date , 19
Harld O. Royer
311 N 2nd St.
Wormleysburg, PA 17043
Date of this Notice: March 22, 2001
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 MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help save your home.
This Notice explains how the program works.
To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30
DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling A~ancy.
The name, address and phone number of Consumer Credit Agencies serving your County are listed at the end ofthie
Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397.
(Persons with impaired heating can call (717) 780-1869).
This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit
Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar
association may be able to help you f'md a lawyer.
LA NOT1FICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A
CONTINUAR VIV1ENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTI!~ICACION
OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING
FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES 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 KEDIMIR SU
HII~OTECA.
HOMEOWNER'S NAME: Harld O. Rover
PROPERTY ADDRESS: 311 N 2nd St., Wormleysburg, PA 17043
LOAN ACCT. NO.: 003-02-008003508172
ORIGINAL LENDER: PNC
CURRENT LENDER/SERVICER: PNC Bank, NA
PAGE .....
EXHIBIT J
/ OF_ j-' PAGES
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. During that time you must arrange end 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 THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE
ASSISTANCE, YOU MUST BIKING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CAI J FD
"HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO
DATE.
CONSUMER CREDIT COUNSELING AGENCIE~S -- If you meet with one of the consumer credit counseling
agencies listed at the end oft?ds notice, the lender may NOT take action against you for ttfirty (30) days after the date of
this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the
county in wkich 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 pagas for specific information about the nature of your default.) If you have tried and are
unable to resolve tbJs problem with the lender, you have the right to apply for finencial assistence from the Homeowner's
Emergency Mortgage Assistence Program. To do so, you must fill out, sign and file a completed Homeowner's
Emergency Program Application with one of the designated consumer 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. Your application MUST be filed or
postmarked within thirty (30) days of your face-to-face meeting.
YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT
FOLLOW THE OTHER TIME PER/ODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED
AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE
WILL BE DEN/ED.
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:
311 N 2nd St., Wonnleysburg, PA 17043
IS SERIOUSLY IN DEFAULT because:
YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following
amounts are now past due:
Monthly payments in the amounts of $156.54 for each of the months from January 2001 through March 2001.
Other charges (explain/itemize): Late Charges for $5.00
TOTAL AMOUNT PAST DUE: $404.62
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 $404.62, PLUS ANY
MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAYS
PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made pa'table and sent
to:
PNC Bank, NA, 2730 Liberty Avenue, 2aa Floor, Mailstop: P5-PWLC-02-I, Pittsburgh, PA 1529')
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 mortflaeed propert),.
IF THE MORTGAGE IS FORECLOSED UPON - The mortgage property will be sold by the Sheriff to pay offthe
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 actually incurred, up to $50.00.
However, if legal proceedings are started against you, you will have to pay all reasonable attorney 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 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 SAI,I~ - If you have not cured the default within the
THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the fight to cure the default and
prevent the sale at ant' time up to one hour before the Sheriff's Sale. You may do so by paying the total amount then past
due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale aha
any other costs connected with Sheriff's 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 Sheriff's Sale of
the mortgaged property could be held would be approximately six 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: PNC Bank, NA
Address: 2730 Liberty Avenue, 2"d Floor, Mailstop: P5-PWLC-02-I, Pittsburgh, PA 15277
Phone Number: (412) 762-1321 or 1-800-878-0027
Contact Person: Angel Efferin
EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownersl'dp of the mortgaged
property and your right to occupy it. If you continue to live in the property at, er 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 not sell or transfer your home to a buyer or transferee who will assume
the mortgage debt.
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 INS rl'rGTION TO PAY OFF THIS DEBT.
· TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF.
· TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD
OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE
YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.)
· TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY
OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS.
· TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE
LENDER.
· TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
Very truly yours,
Beverly Haisley
PNC Bank, National Association
cc: 1st Class U.S. Mail, postage prepaid
CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY (see attached)
Cumberland County
Urban League of Metropolitan Harrisburg
2107 N 6~' St
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
CCCS of Western Pennsylvania
2000 Linglestown Rd
Harrisburg, PA 17102
(717) 541-1757
Financial Counseling Service of Franklin County
31 West 3rd Street
Waynesboro, PA 17268
(717) 762-3285
VERIFICATION
The Undersigned does hereby verify subject to the penalties of 18 Pa. C.S. §4904 relating to
unswom falsification to authorities, that he is duly authorized to make this Verification,
and that the facts set forth in the foregoing COMPLAINT are true and correct to the best
of his knowledge, information and belief.
NT
/6.TTORNEY RELATIONS MANAGER
~.//(Sign inmue ink)
/
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PNC BANK, N.A., Assignee of
Koolvent Aluminum Products Inc
Pl~ntiff
VS.
Civil Action No. 01-5668CIVILTER
HAROLD O. ROYER
Defendant
PRAECIPE TO SETTLE AND DISCONTINUE
WITHOUT PREJUDICE TO REFILE
FILED ON BEHALF OF
Plaintiff(s)
COUNSEL OF RECORD OF
THIS PARTY:
LORIA. GIBSON, ESQUIRE
PAID#68013
JONMCKECHNIE, ESQUIRE
PAID#36268
Bemstein Law Firm, P.C.
Firm#718
1133 Penn Avenue
PiRsburgh, PA 15222
412-456-8100
DIRECT DIAL: (412) 456-8100
BERNSTEIN FILE NO. F0008652
NOTICE
THIS COMMUNICATION IS FROM A DEBT COLLECTOR AND IS AN ATTEMPT TO
COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR
THAT PURPOSE.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PNC BANK, N.A., Assignee of
Koolvent Aluminum Products Inc
Plaintiff
VS.
Civil Action No. 01-5668CIVILTER
HAROLD O. ROYER
Defendant
PRAECIPE TO SETTLE AND DISCONTINUE WITHOUT PREJUDICE TO REFILE
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Settle and discontinue without prejudice to refile the above-captioned matter upon the
records of the Court and mark the costs paid.
BERNSTEIN LA~RM, P.C.
By ..C'/~ ~---~
Attom"~s for Plaimiff
1133 Penn Avenue
Pittsburgh, PA 15222
(412) 456-8100
BERNSTEIN FILE NO: F0008652
Sworn to and subscribed
before me this ~
day of ~ ,2001
ic ~ ----'---
~ No,ar al Seal
J Cheryl A, Bau~ ,'qo¢,~r~/Pub)Iici
J .. Pittsbur[lh, Ai,:~t~t*~;~i,; Crmnty
Y ~ia ~ciation o(~o~ries