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HomeMy WebLinkAbout01-05668~r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION- PNC BANK N.A. Plaintiff No. O I - S~~ ~iv,1~~1t~^~ vs. 1. COMPLAINT IN MORTGAGE FORECLOSURE HAROLD O. ROYER Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD FOR THIS PARTY: CERTIFICATE OF ADDRESS: 311 N. SECOND STREET BOROUGH OF WORMLEYSBURG PARCEL N0.47-19-1588-130 LORI A. GIBSON, ESQ. PA LD. #68013 JON A. MCKECHNIE, ESQ. PA I.D. #36268 Bernstein Law Firm, P.C. Firm #718 1133 Penn Avenue Pittsburgh, PA 15222 412-456-8100 BERNSTEIN FILE NO. F0008652 NnTTf'F. 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 ~°- 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 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 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 hereinafter 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 Instalhnent 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 unliquidated. 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 $12,652.05 with continuing interest and late charges at the contract rate plus costs. BERNSTEIN LAW FIRM, P.C. B• Lori A.~ ibson, Esquire Attorneys for Plaintiff 1133 Penn Avenue Pittsburgh, PA 15222 (412)456-8100 BERNSTEIN FILE NO. F0008652 ~. Mortgage /~6 /.3 ;'~ii~ Pinsbargh fx1{!A) t a ~.,.. PNC1~A ][~ Made _~hri 1 1 S 19 q5 .Between Haln,tl U HO;+Pr fherelnatteg whether one or more, called "Mortgagor"1 and TCrnlVent Al ti mi nnm Prrrln~tcr Tnr_ Ihereinefter called "Mortgagea''1. Since Mortgagor has executed a certain obligation IHereineker calletl the "Note"1 of eve date herewith, payable to the order of the Mortgagee, in the principal sum of Eleven T130USi9[ld Five Hundx'ed Otte Elnd 67100-------------- Dollars ($ 11 / 501 .67 1. and has provided therein for the payment of arty atlditionai monies loaned or advanced thereunder by Mortgagee, together with interest thereon at the mte previdad in the Nata, in the manner and at the times therein eat forth, and containing certain other terms and conditions, all of which are specifically incorporated herein by reference: Therefore, Mortgagor es security for the payment of the debt and interest together with aN other sums payable hereuntler, does grant antl convey unto Mottgagee its successors end assigns: All those certain premises known as: -. _..... . 311 N. 2nd Street Wormlejrsburg PA. ~17Q43 CO[•IDERINID CAUPPPlC ~ ~ . '' ... ,. l..~of?MbE.YSf3uIZC-,Bc,ec~ '~A2c~c-~'1~7-Irj53~-130 To Hava end To Hold ffie aeme unto Mortgagee. ICS successors and assigns. forever. Providetl, However, that if Mortgagor shall pay [o Mortgagee [ha debt, including all other sums payable by Mor[gegpr to Mortgagee hereunder and under [he terms of the No[e, together with interest thereon, then this Mortgage end the estate hereby granted antl conveyed shall become void. This Mortgage is executetl and tleliveratl suble~[m the following covenants, condidons and agreements: Itl With respect to the premises tlescdbed in the MortgaB0. Mortgagor agrees: la) To pay all taxes and other charges assassatl or levied on the mortgaged premises, and all premiums end charges an such policies of hazard insurance as Mortgagee may require on the mortgaged premises, with loss payable clauses in favor of Mortgagor and Mortgagee as their respective interest may appear, IbI To pay all water rents, sewer rents, taxes linclutling real estate and corporate) and all other charges and claims which may be or become a lien thereon for each current year, and (cl To comply with end fulfill each and all of the terms, obligations and conditions on any ground rent, prior lien, encumbrance ar mortgage secured upon said premises during the continuance of this obligation; the cost of all such razes, insurance premiums, and other claims and charges If unpaid by Mortgagor may ha paid py the Mortgagee or assignee and added to the eforesaitl principal debt. i2I In case of tlefeult in the payment of any installment of principal or interest pursuant to the terms of the Note or default in the performance by Mortgagor of any of the other obligations of the Nota or [his Mprtgag0. or upon the sale of the described premises, the entire unpaid balance of said principal sum and ell other sums paid by Mortgagee pursuant to the forme of the Note or this Mortgage, togeher w¢h unpaid Imarou Wmemy shell it the option of Mortgagee, after no[ic0. if required by law, become immediately tlua and payable, and foreclosure proceedings may be brought on [his Mortgage after notice as provided by law and prosecuted to lodgment execution and sale of the collection of same, together with costs of aui[ end an attorney's commission for collection es provided in said Note. - IF THIS MDRTOAGE IS E%ECUTED BY MORE THAN ONE PERSON Ofl CORPORATION Ofl BDTH AB Mortgagor, the authorizations, obligations, responsibilities, Iiabilitias and waivers of each shall be joint and several. Whenever used, the singular number shall include [he plural, the plural [he singular, the use of any gender shall include all genders, and the words "MoNgegor" and "Mortgagee' wherever used, shell include their heirs, executors, administrators, successors, vendaes and assigns. IN WITNESS WHEREOF, the Mortgagor has signed Lhasa presents antler seal this 15 day oh-April _, tg 95 SIGNED, SEA ED AND D RED IN THE RESENCE OF \ `I / I / 1 X ~ ~('// ~ ~ ~N~/ ISEALI Harold O. RD r /V/ ISEALI COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF t=tllBhPSldlld ) On This the _1~. day of April ~ /~ 1 1 , 19~, before me, 1`U ~~~.£ 1, I-1 N~(~ ,the undersigned officer personally appeared Harold O. Royer "' known to me (or satlsleclorlly proven) to be the person(s) whose name(s) Is (ere) subscribed to the within that he/she/they executetl the same for the purposes Iharein conlainetl. In Witness whereoll have hereunto set my hand end olficlal seal. / /1 (SEAL) t90TAMl SEAL X ~( E~ ~9Ag0El A. HA/lb, hbtary fhr611e NOTARY PUBLIC My Commission expires:: ' " ° '!... n.....un Ceurny, PA :. Nry Ca,nnlhtfert Eapln. A-r9 16, 1999 CERTIFICATE OF RESIDENCE .ilt $ .f ~~ '. ,.. .. )~If..~.(A\.) \4t I hereby certify Thal the Mortgagee's precise residence is 9010 R1C0 Road NonroeVille PA ~ 5146 ~ n ~ 7- TPA2a Rev. b93 NS BOOK1~~~ PAGE t~si HlBIT ~ ~ OF ,., ~ PAGES Anne Hnyna.l, Sr ep. snits Assignment of Mortgage , r. far Value Pecelved, Ne Mortgagee within named does hereby sail, assign, tqusler and set war urAO PNC Bank, Nabonal Associagon and assigns, the within mdrtgaga, dated 19_ recorded In County, Ponnsylvanie, in Mortgage Book Val. page Its accompanying note or obligation, and'all moneys secumd Hereby. WITNESS hand and~eyl this day cl ~ , A.D. 19_. Cammonwealm of Pennsylvania) ) SS: County al AlleahenV 1 Before me, the undersigned officer in and for the CammolwreaA~d'f;ounry an this 8th ~ , personally came KOOLVLN'P ALUMINUM 5. INC. MonAaAee vvvrrrWWW the shove assignment to he all deed, m Iha end Nal it may he mcarded%/as/su~/pch. WITNESS my hand and seal 1 Y and year alomsaid. ---------t-4L= NOiA1Ml $EAL (BEAU' NISEL A. /IAAS. Notary Public ' -. i pyddlwo.n {ce, pwPMn County, PA My commission evpires: MY ~o^t"~°R B"f ~ M'N f0, 1999 (SEAL) May 95 A.O. 19 _, named known to me or satlslactadly preven and acNnowletlged ~. Request for Notice of Default and Foreclosure under Other Mortgages Mortgagor and Mortgagee's Assignee request the holler of any mortgage or other enLmmbrence on Ne Premises la natlry Assignee at the address set forth herein GI am/ default, sale or foreclosure action Nal pertains to the Premises or AsslAnea's interest therein. On behalf of Madgagor X OWNEfl'S GNPTrIRE Harold ~q. ~~er~ ~ ,n ~ ~v fJ YCO/~OWNER'S SIGN/YAT(un~ On hehalf al AsslBnee: PNC BanN, Natlanai ASSgclallon TITLE: N `~ ~ z ~ o N o p .a V ~ M O 1~ j y n ¢ r ir ~ ~ ~ r r ( G~ ~ ~ V'V p C C a 4~V r' : ~ ~ , .iI m n' CJ a-I o is ~ F E ul ~o ~ n V C ~ ~ ^i ° iii IVOy rj., {Ja - . (y~GY G,..1~F o A;U N ~ Z h,3 tuF 'm y m r 9 v ~ n7 'iZ qt W. p' tio 'rc+ ,~f - Ko-n u, a ~ x" ~, Q ~ rn - nn v Certificate of Residence I hereby certify That the Assignee's precise residence is PNC Bank, National Assalalion, Western Loan Center, ZiJO Liberty Avenue, Pittshurgh, PA 15222. Jan 1 ~ aW jxS"Z-.T v~v r 'f Commomsaallh gf Pen Ivanih)' twl~ z q'~ ~1 155: rt v+~sP ,Y.~~`',yl(r+v d+ T ~''~ ~. Coun1Y of ` ~4. ~r N y ~. dr ~'. 'r .. `rfk ea~ ,yt . 1.. BECONOED an this ~ ~ day of - ~~ A ~~ 19~ rt MIe%B6uCOrdEP$`~7q~ InI id County, in ModgagB Book. Volume , page _ J! I rr F.r ,k}d'~-q~ „~! ,w, Given under my hand and seal of saie office, the day ana year aforesaid. Y+„ - Tv BOOKI~F.`~. FACE `~6`f. _ . ",dome l~nprovement lnstailment uoniraci 3 ~`~~~~ ADr]-ON SALE MEMORANDUM (Check if applicable) j ~ nlraetaF • Jn this Contrail the K001-V~n~. 19 g ~ FU.I I i nG (Yl i n 111 ~ Gl.(~ word "Corttrac[or" means Buyer - In this Contract the word "Buyer" means each and ail of the following - Date 1 t J 29 ~'~ n P>~ »~ A J p.........-. __ -J _- Contract: This Home Improvement Installment Contrail (or Add•on Sale Memorandum, if applicable) covers Buyer's entire agreement with Contractor concerning im- provements (ar additional improvements if an Add-on Sale) which Contractor will make to the Property. Thls Contract also covers the rights and responsibilities of Buyer and Holder after Contractor assigns its rights to Holder. No additions or changes will be binding on Contractor unless they are in writing and signed 6y Contractor. Holder: In this Contract the word "Holder" means the Contractor or any persomto whom Contractor's rights under this Contract have beten assi ned. Property: In this Contract the word "Property" means the property which is being improved. It is located at S TTTI~ d~ ~ b~ Buyer employs Contractor to furnish the labor, material and equipment necessary to do the following work on the Property: ,( SEA scHE~u.~ ~~ ~ n~~~~~~ Disclalmar of warranties. Any Goods which are part of the improvement are sold "As Is" in their present condition. Contractor and Holder make no promises or warran- ties about such Goods. There is no promise or warranty about memhantability, suitability or fitness for a particular purpose. Buyer may receive a separate written warranty or service 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 i will have paid after the ade all B y Buyer's purchase an d n9 The cost of Buyer's di credit will cost the Buyer prov ded to the Buyer ar on the Bu er's Y ments as a P K eu er's down ment Y PeY cre t as a yearly rate. . behalf. sc eduled. of $ c.~C^~,co 1a.z~ duo $ 1i,o,~Qluq ~ ii,s~l,a~ $aa,~~klr,t~ $ ~,s,o~i,,~ BUYER'S PAYMENT SCHEDULE WILL BE: N0. OF PpYMEN7S AMOUNT OF PAYMENT WNEN PAYMENT IS OUE 1 ~ $ I C ~ J , 5't 5 l1NTHL STARTfN SECURITY: Contractor is getting a security interest in: ( )Goods being purchased ~~p~ SECURITY INTEREST CHARGES: c~ ( t.~-Fling & Satisfaction Fee $ LATE CHARGE: If ~ayment is not made within 10 days of its due date, Buyer will be charged the esser of $5.00 or 5a/a of the total amount of the monthly payment due. PREPAYMENT: If Buyer pays off early, Buyer may be eMiUed to a refund of part of the finance charge. See your contract documents for any additional information about nonpay- ment, default, any required repayment in full before the scheduled date, and pre-payment refunds and penalifies. 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 $ ~.c) $ ZL}xa a~ (2) Less (a) Cash Downpayment $ ~QQ, (b) Trade-in (Describe) $ Total Downpaymem For This Sale $ ~5D0 °" ( 3) Unpaid Cash Price Balance (1 minus 2) $ ~ •t" ( 4) Amounts Paid to Others on Buyer's Behalf (a) Credit Insurance (see below) $ (b) To public officials $ ~j " (c) g ( 5) Amount Financed Under This Sale (3 plus 4) $ _5 t75 ~ ~' ( 6) Unpaid Time Balance of Prior Contract(s) $ ( 7) Less (a) Refund Credit From Prior Contract $ (h) Refund of Insurance Premiums, if any, From Pdor Contract ( 8) Prior Contract Balance to be Added to this Contract. $ $ lv' 4 ~16T ( 9) Total Amount Financed (5 plus 8) $ I l SC i . b, (10) Finance Charge $ I104~' ,oq (11) Total of Payments (9 plus 10) ~ $da.541: 7 V (12) Total Sale Price (2 plus 11) $~5(741.~~ The Contractor agrees to do the work in a workmanlike manner. BUYER'S PROMISE TO PAY. To pay for the work, Buyer promises to pay to the Holder the Total of Payments. Buyer promises to make the payments on or before the due dates stated in the Payment Schedule. Buyer also promises to pay to Holder all other amounts which may become due under the terms of this Contract. These include Late Charges, if applicable, and, if Holder files suit or takes other action to collect this contract or protect any collateral, costs incurred and a reasonable attorney's commission. Buyer agrees to make payments at a place designated by Holder. SECURITY INTEREST. Buyer gives Contractor a security interest in the follow- ing (all of which are "Collateral"): (a) ^ Goods, identified as (b))~Real property, located at 31LN at,c~S~. Wr?rmlecaSbUrq ~'A 1'I0~E3 (c) Any proceeds of such Goads and/or Real property. (d) Any additions, replacements or substitutes which are so affixed to the Goods in the future as to become a part of the Goods. (e) The proceeds and unearned rebated premiums of credit insurance, if any, and of Insurance coverin the Goods. If Contractor assi ns its ri ht r~~IC t older, alder may set off any amounts tlue and u np~ Id ~i ~~gai y of Bu er's money on deposit with Holder. Is i c u e$ a y on y which is now or may in the future be deposited with Hol er by Buyer ar with ny co-depositor. This may be done v~p~any prior tice t~uyer. Pam The security in eres °gl~'~tRl~'Taj 'f3'graph s c re a payment of Buyer's obligation under this Contract. (b) Trade-in (Describe). Ygtal Downpayment For This Sale W (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 $ `7 " (c) $ (d) $ (5) Amount Financed Under This Sale (3 plus 4) (6) Unpaid Time Balance of Prior Contract(s) $ (~ Less (a) Refund Credit From Prior Contract $ ~~ we i ay mciu JGnCUUIe. dUyei a!sC pmml£ to pay to Holder ail other amounts which may become due under the ter! of this Contract. These include Late Charges, if applicable, and, if Holder fi ~,~ suit or takes other action to collect this contractor protect any collateral, co: $ 0~ incurred and a reasonable attorney's commission. Buyer agrees to ma $ ~" payments at a place designated by Holder. SECURITY INTEREST. Buyer gives Contractor a security interest in the folio ing (all of which are "Collateral"): (a) ^ Goods, identified as $ 7~ a:. $ 51757 `" (b) Refund of Insurance Premiums, if any, From Pdor Contract $ ( 8) Pdqr Contract Balance to be Added to this Contract. $ lJ4'y' . ~~ ( 9) Total Amoum Fnanced (5 plus 8) $ f150 1. rod (10) Rnance. Charge $ f i 040 , 09 (11)-Total of Payments (9 plus 10) $da.5c}1,7to (12) Total Sale Pdce (2 plus 11) $a5o41 •-rb (13) Prepaid Finance Charge $ (14) Payment Schedule -Buyer agrees to pay to Holder the Total of Payments in J_~- unintermpted monthly pay nts of $ is~ ~ 54 each, and a final payment of $ .The first payment will be due on i , 19 ~ 5 E and then payments will be due on that same day of each m nth following. Credit Insurance. Credit life insurance and credit disability insurance are not required tq 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 od only one Buyer. 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 $ X ^ We want joint Credit Life Insurance $ X - X ^ I wam Credit Life Insurance on 1 Buyer and Credit Disability Insurance. $ ^ We want Credit Life Insurance on both and Credit Disability Insurance on Buyer signing first line $ X ~w no insurai yt i . (, lJ Credit Insurance Premium $ Ngtice To Buyers: Only the'Buyer(s) wh sign(s) above will be insured it 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 pr INSEer NAME eF drHEH INSUflEe Properly Insurance: Contractor may require insurance against loss or damage to the Property. If required, Buyer may obtain property insurance from anyone Buyer chooses that is acceptable to Contractor. (b) lbi Real (c) Any proceeds of such Goods and/pr 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. (ej The proceeds and unearned rebated premiums of credit insurance, arty, and oT insurance covering the Goods. If Contractor assigns its rights under this Contract to Holder, Holder may s off any amounts due and unpaid under this Comract against any of Buye money on deposit with Holder. This includes any money which is now or m in the future he deposited with Holder 6y Buyer or with any co-depositor. T may be done without any prior notice to Buyer. The security interest given in this paragraph secures the payment of Buyer obligation under this Contract. WAIVER BY CONTRACTOR AND HOLDER. Contractor and Holder give up a right to claim a security interest to secure this Cpntract in any property n identified above. LATE CHARGES. Buyer agrees to pay a late charge in an amount equal to t lesser of $5.00 or five (5%) percent of the total amount of the monthly pa mem due, on each installment payment, or portion thereof, in arrears for a pert of 10 days or more. PREPAYMENT IN FULL. Buyer may prepay the amount owed on this Contra ai any time. If Buyer prepays the whole outstanding amount due on this Co tract at any time, or if the Contract is refinanced, the Holder will rebate t uneamed Finance Charge to Buyer. The amount of the Finance Charge rebate will be determined by using the accourmng method called the Actuarial Methor 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 78ths in con puting the unearned portion of the finance Charge. No rebate, however, w' 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. OEFAULT. Buyer will be in default if Buyer does not make any payment befor or on the date it's due. If Buyer is in default, the entire outstanding balanc on this Contract will become due after notice as required by law. A default b Buyer on this Contrect is a default on every other note, loan agreement or securii 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 hopper Please read 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 Taws, require Buyer to pay immediately a remaining payments and all other amounts due under the Contract (h) Take other legal action. RESPONSIBILITY OF BUYERS. If more than one Buyer has signed this Cor tract, alf who sign are responsible to Holder individually and together for pay ment in full of this Contract. ADDITIONAL TERMS. Buyer makes the promises pdoted on the reverse side of this Contract a5 It they were printed here In full. It a separate, IEeMlnebl charge for credit life and/or credit disability insurance is set forth, this Contrat is subject to the NOTICE OF PROPOSED (Credit) INSURANCE on the revers side as it is printed there in full. NOTICE TD BUYER: 1. Do not sign this Contract before you read it. 2. You are entitled to a completely tilled-in copy at this Contract. 3. Under the law you have the right to pay pff in advance the full amount due and, under certain conditions, to obtain a partial refund of the FINANCE CHARGE. 4. 1f you rescind after thr time specified in the accompanying Notice of Righl to Cancel, you are still entitled io offer defenses rn mitigation of damages and to pursue any rights of aclior or defenses that arise out of the transaction. B~UaYE l A_C_K`N`'O,WLEDG`Ei RECEIPT pOF A COMPLETED COPY OF THIS CONTRACT. x ~ (~~ V \~'~v ~f -~J~ , 19 ~r~ overt Date 19 - uye ' ~ Date 19 Date 79 'Co-Suve~ - uye' Date '7 -/S 79 1.L By Date of this Notice: March 22, 2001 Harld O. Royer 311 N 2nd St. Wormleysburg, PA 17043 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mort ag~vour home is in default. and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached naees. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (I~MAPI maybe able to help save your home. This Notice explains how the nroeram 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 withyou when you meet with the Counseling Aeencv. The name, address and phone number of Consumer Credit Aeencies serving your County are listed at the end of this Notice. If you have anv auestions, you may call the Pennsvlvania Housine Finance Agencv toll free at 1-800-342-2397. (Persons with impaired hearing can call (7 171 780-1 8691. This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency maybe able to help explain it. You may also want to contact an attorney in your azea. The local baz association maybe able to help you fmd a lawyer. LA NOTIFICACION EN AD7UNT0 ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VNIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION 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 REDIMIR SU HIPOTECA. HOMEOWNER'S NAME: Harld O. Rover PROPERTY ADDRESS: 311 N 2nd St., Wormlevsburg, PA 17043 LOAN ACCT. NO.: 003-02-008003508172 ORIGINAL LENDER: PNC CURRENT LENDER/SERVICER: PNC Bank. NA EX H I ~ I T ~ PAGE ~ OF ~ ;~, PAGES HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAYBE 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 CIIiCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIItEMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -Under the Act, you aze 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 one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (301 DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of desie~ated consumer credit counseling agencies for the county in which the oronerty is located aze set forth at the end of this Notice. It is only necessary to schedule one face-to- face meeting. Advise your lender immediately of yourintentions. APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature ofyour default.) If you have tried and aze unable to iesolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Progam 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 ofyour 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 PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION -- Available funds for emergency mortgage assistance aze 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 FII.ING 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 (Brine it uu to datel: NATURE OF THE DEFAULT -The MORTGAGE debt held by the above lender on your property located at: 311 N 2nd St., Wormleysburg, PA 17043 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts aze now past due: Monthly payments in the amounts of $156.54 for each of the months from January 2001 through March 2001. Other chazges (explain/itemize): Late Chazees for $5.00 TOTAL AMOUNT PAST DUE: $404.62 HOW TO CURE THE D)rFAULT -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 madepavable and sent to: PNC Bank, NA, 2730 Liberty Avenue, 2"d Floor, Mailstop: PS-PWLC-02-I, Pittsburgh, PA 15222 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 attomeys to start legal action to foreclose anon your mortgaged nrouerty. IF THE MORTGAGE IS FORECLOSED UPON -The mortgage property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees 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 THIIiTY (301 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 SALE - L° you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the rieht to cure the default and urevent the sale at anv time un to one hour before the Sheriffls Sale. You may do so by pavine the total amount then nast due plus anv late or other charees then due, reasonable attorney's fees and costs connected with the foreclosure sale and anv other costs connected with Sheriff s Sale as specified in writine by the lender and by verformine anv other reouirements under the mortease. 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 SHERII~ F'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 Sheriff's 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 fmd 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, 2nd Floor. Mailstop: PS-PWLC-02-I, Pittsbursh, PA 15222 Phone Number: (4121762-1321 or 1-800-878-0027 Contact Person: Ansel Efferin EFFECT OF SHERIFF'S SALE -You should realize that a Sheriffls Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffls 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 INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THIS SAME POSTfION AS IF NO DEFAULT HAD OC,CURRED,IF YOU CURE THIi 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 O'PHER LAWSUIT INSTITUIED 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. V ery tmly yours, Beverly Haisley PNC Bank, National Association cc: 15` 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 3`d Street Waynesboro, PA 17268 (717)762-3285 p b VERIFICATION The Undersigned does hereby verify subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities, that he is duly authorized to make this Verification, and that the facts set forth in the foregoing COMPLAINT aze true and correct to the best of his knowledge, information and belief. ANT VICE PRESIDENT NEY RELATIONS MANAGER ~~ (Sign in Blue Ink) .~~,~.,~ 'o ~ d ~ 1i `r C G ~; r_ r'r ;_ rc. ~: 0 c°~ _,, , v SHERIFF'S RETURN - REGULAR CASE N0: 2001-05668 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PNC BANK N A VS ROYER HAROLD O KENNETH GOSSERT Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon ROYER HAROLD O the DEFENDANT at 1834:00 HOURS, on the 19th day of October 2001 at 311 N SECOND STREET WORMLEYSBURG, PA 17043 by handing to HAROLD O ROYER 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 Service Affidavit Surcharge So Answers: 18.00 20.80 ~ ~ ~ .00 c/mst~ ~ ..0 10.00 R. Thomas Kline .00 48.80 10/22/2001 BERNSTEIN BERNSTEIN KRAWEC WYM Sworn and Subscribed to before By: me this 3/-at- day of C~ ~ ~ ...~ 'Prothonotary IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, N.A., Assignee of Koolvent Aluminum Products Inc Plaintiff vs. HAROLD O. ROYER Defendant CIVIL DIVISION Civil Action No. 01-5668CIVILTER PRAECIPE TO SETTLE AND DISCONTINUE WITHOUT PREJUDICE TO REFILE FILED ON BEHALF OF Plaintiff(s) COUNSEL OF RECORD OF THIS PARTY: LORI A. GIBSON, ESQUIRE PA ID#68013 JON MCKECHNIE, ESQUIRE PAID#36268 Bernstein Law Firm, P.C. Firm #718 1133 Penn Avenue Pittsburgh, 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. O 1-5668CIVILTER HAROLD O. ROYER Defendant PRAECIPE TO SETTLE AND DISCONTINUE WITHOUT PREJUDICE TO REFILE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Settle and disconfinue without prejudice to refile the above-captioned matter upon the records of the Court and mark the costs paid. Sworn to and subscribed before me this ~^-' day of , 2001 BERNSTEIlV LAW FARM, P.C By:~ Attorneys for Plaintiff 1133 Penn Avenue Pittsburgh, PA 15222 (412)456-8100 BERNSTEIN FILE NO: F0008652 CheryylA~g~i;~~ivea! PSttsburOh, Au,>vk-any Y, ~ ably COlnmi$slort p,::n~p~rzo3 eiily 22 2004 ~') ~ `} :: ~ fn Gq~ _ ~ '~t . ~ .' ` ` ~ C ~ -~ j f ~T ~ r~D ~' ~CJ ) ~ sr ~ ~~ s nr. ! mm~R .lac... _ _ s&we;-e rr;+su,~.+~ .-.+~ . a„~rc~me am r,-FUyv~avrt'Mn%4_ ~. tt