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HomeMy WebLinkAbout99-06919c'j ,4 f -.r' ?'I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW PNC BANK, NATIONAL ASSOCIATION, ) Plaintiff ) No. Vs. ) PEGGY L. LUKASHUNAS, ) IN MORTGAGE FORECLOSURE Defendant ) NOTICE TO DEFEND TO THE ABOVE-NAMED DEFENDANT: 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 pleading and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections 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 pleading or for any other claim or relief requested by our client. 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 HF.T.P CUMBERLAND COUNTY BAR ASSOCIATION r 2 LIBERTY AVENUE se CARLISLE PA 17013 3 (717) 249 3166 or 1 800 990 9108 DELAFIELD, McGEE, JONES & KAUFFMAN By / IA dele Kauffman, Esq. orneyorney I.D. No. 50692 300 S. Allen Street, Suite 300 State College, PA 16801 (814) 237-6278 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW PNC BANK, NATIONAL ASSOCIATION, ) Plaintiff ) No. (K- 6, Vs. ) PEGGY L. LUKASHUNAS, ) IN MORTGAGE FORECLOSURE Defendant ) COMPLAINT IN MORTGAGE FORECLOSURE 1. The Plaintiff-Mortgagee, PNC Bank, National Association, is a corporation organized under the laws of the United States of America, having an office and place of business at 1631 South Atherton Street, State College, Centre County, Pennsylvania. 2. The Defendant-Mortgagor is Peggy L. Lukashunas, whose last known address was 12 Bourbon Red Drive, Mechanicsburg, Pennsylvania (17055). 3. At all times material to the Plaintiff's cause of action, the Defendant has been the owner of a tract of land and the building thereon erected, herein called "land", located in the Township of Silver Spring, County of Cumberland and Commonwealth of Pennsylvania. 4. The land which is the subject of this action is described as follows: F' ALL that certain piece or parcel of land situate in the Township of Silver Spring, County of Cumberland, and Commonwealth of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the eastern right-of-way line of Bourbon Red Drive at the dividing line between lots 33 and 34 on the hereinafter mentioned plan of lots; thence along the eastern right-of-way line of Bourbon Red Drive, North 160 40' 00" West, a distance of 80.00 feet to a point; thence along the dividing line between lots 34 and 35 on the hereinafter mentioned plan of lots, North 730 20' 00" East, a distance of 160.00 feet to a point; thence along lands now or formerly of Charles R. Hess South 160 40' 00" East, a distance of 80.00 feet to a point; thence along the dividing line between lots 34 and 33 on the hereinafter mentioned plan of lots, South 730 20' 00" West, a distance of 160.00 feet to a point, the place of beginning. CONTAINING and being all of Lot #34 as shown on a certain subdivision plan of lots entitled "Konhaus Estates (Section #1) as recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 54, Page 112. BEING the same premises which Michael T. Lukashunas and Peggy L. Lukashunas, husband and wife, by their deed dated April 6, 1993, and recorded in Cumberland County Deed Book Q, Volume 36, Page 120, granted and conveyed unto Peggy L. Lukashunas. 5. On or about April 24, 1995, in consideration of the loan of $20,172.10, made by Plaintiff to the Defendant, the Defendant executed and delivered to Plaintiff a Direct Installment Loan Note secured by a Mortgage on the land obligating Defendant to pay Plaintiff $20,172.10 with payment of $264.50 to be made monthly until this loan, additional advances, interest and other charges covenanted were paid in full, with interest as provided therein. The Mortgage is recorded in Cumberland County Mortgage Book 1260 at page 1186. A copy of this Mortgage is set forth as Exhibit "A". 6. The Defendant is in default with respect to the said Mortgage because of her failure to make the payments due for the months of May, June, July, August, September and October, 1999. 7. Under the terms of the Note set forth as Exhibit "B", Defendant is obligated to Plaintiff as follows: Unpaid Principal Balance $16,228.52 Interest through November 1, 1999 537.54 Insurance Late Charge Real Debt (701.16) 56.42 $16,121.30 with costs to be added. 8. The Defendant is the present owner of the land. 9. Plaintiff has complied with the requirements of Act No. 6 of January 30, 1974, by forwarding a notice of intention to foreclose to Defendant on August 12, 1999, a copy of which is attached hereto as Exhibit "C". 10. Plaintiff has complied with the requirements of Act 91 of 1984 by forwarding the notice attached hereto as Exhibit "D" and Defendant has been denied Homeowners Emergency Mortgage r? Assistance by the Pennsylvania Housing Finance Agency. WHEREFORE, Plaintiff requests the Court to enter judgment of mortgage foreclosure against the mortgaged property for the amount set forth above, together with interest thereon, all other amounts advanced by Plaintiff and costs of suit. DELAFIELD, McGEE, JONES & KAUFFMAN By Rosade a Kauffman, Esq. Atto ey for Plaintiff Attorney I.D. No. 50692 300 S. Allen St., Suite 300 State College, PA 16801 (814) 237-6278 Dated: It /f/y? MORTGAGE lrt' (Closed-End) I I r SL• THlS MORTGAGE is made on Apr. 2,119 95he Mortgagor is PEGGY L LUKAS11114IS .' If there is more than one, the word "Mortgagor" herein refers to each and all of them. The Mortgagee is PNC Bank, National Association The word "Borrower" means PEGGY L LUKASHUNAS ' IIT'G If there is more than one, the word "Borrower' herein refers to each and all of them. I OJI ?fv, •!:'n Borrower owes Mortgagee the sum of Twenty Thousand One Hundred Seventy Two And 10/100 `K/ Ooollars (U.S. $ 20 , 172 . 19• This debt is evidenced by Borrower's written obligation (referred to herein as the "Note"), dated Apr. 21, 1995 This Mortgage secures to Mortgagee: (a) the repayment of the debt evidenced by the Note, with interest and other charges as provided therein; (b) the paymentof all other sums, with interest thereon, advanced hereunder!orthe paymentof taxes, assessments, maintenance charges, insurance premiumsand costs incurred to protect the security of this Mortgage; (c) the paymentof all of Mortgagee's costs of collection, including, costs of suit and, if permitted by law, reasonable attorneys' fees and expenses, if suit is filed orother action is taken tocollect the sums owing or to protect the securilyof this Mortgage; (d) payment of any refinancing, substitution, extension, modification, and/or renewal of any of said indebtedness, interest, charges, costs and expenses; and (e) the pert ormance of Mortgagor's and/or Borrower's covenants and agreements under this Mortgage and the Note; (0 the repayment of the debt evidenced by a ny note or agreement which was refinanced by the Note, to the extent that such debt is owed to Mortgagee and has not been paid. For this purpose, Mortgagor does hereby mortgage, grant and convey to Mortgagee the following described property, together with all improvements now or hereafter erected, and all easements, rights and appurtenances thereon, located at and known as: 12 BOURBON RED DR, MECHANICSBURG, PA 17055 CUMBERLAND SILVER SPRING TOWNSHIP Recording Date of Original Deed Nov. 9, 1993 Deed Book Number Q-36 Page Number 120 Tax Parcel No. 10-20-1848-209 The word "Property" herein shall mean all of the foregoing mortgaged property. To have and to hold the Property unto the Mortgagee, its successors and assigns, forever. Provided, however, that if Mortgagor and/or Borrower shall pay to Mortgagee the said debt, interest, and all other sums, and perform all covenants and agreements secured hereby, then this Mortgage and the estate conveyed by it shall terminate and become void. Warranty of Title. Mortgagor warrants and represents to Mortgagee that: (a) Mortgagor is the sole owner of the Property, and has the right to mortgage and convey the Property; (b) the Property is unencumbered except for encumbrances now recorded; and (c) Mortgagor will defend the title to the Property against all claims and demands except encumbrances now recorded. Covenants. Mortgagor promises and agrees as follows: 1. Mortgagor will maintain the Property in good order and repair. 2. Mortgagor will comply with all laws respecting the ownership and/or use of the Property. 3. If the Property is part of a condominium or planned unit development, Mortgagor will complywith all bylaws, regulations and restrictions of record. 4. Mortgagor will pay and/or perform all obligations under any mortgage, lien, or security agreement which has priority over this Mortgage. 5. Mortgagor will pay or cause to be paid all taxes and other charges assessed or levied on the Propertywhen due and, upon Bank's request, will deliver to Bank receipts showing the payment of such charges. 6. Mortgagor will pay for and maintain insurance coverage against loss of or damage to the Property in such form and amount as Mortgagee may reasonably require, until the Note is paid and the Mortgage is satisfied. Mortgagee shall be named as additional insured and loss payee/mortgagee under a standard mr,: tgagee clause included in such policies. Mortgagor shall deliver to Mortgagee a copy of the insurance policy, renewals, and evidence of payment upon Mortgagee's request. Mortgagor gives Mortgagee the right to sign Mortgagors name on any check or draft from an insurance company. This is limited to a check or drat( in payment of returned premiums or benefits under insurance covering the Property. This means that Mortgagor appoints Mortgagee as attorney-in-fact for Mortgagor with full power to endorse checks or drafts under this section. 7. If Mortgagor fails to perform any duty or obligation required by these covenants. Mortgagee may, at its sole option, advance such sums as it deems necessary to protect the Property and/or its rights in the Property and under this Mortgage. Mortgagor agrees to repay Mortgagee such amounts, with interest thereon, upon demand, and agrees that such amounts shall be added to the amounts secured by this Mortgage and due under the Note. 8. Any interest payable to Mortgagee after a judgment is entered or on additional sums advanced shall be at the rate provided for in the Note. 9. Mortgagee may make reasonable entries upon and inspections of the Property after giving Mortgagor prior notice of any such inspection. 10. Mortgagor will not sell, lease, transfer ownership in, or enter into an installment sale contract for the sale of all or any part of the Property. 11. The promises, agreements and rights in this Mortgage shall be binding upon and benefit anyone to whom the Property or this Mortgage is transferred. If more than one Mortgagor signs this Mortgage, each and all of them are bound individually and together. Escrows. It requested by Mortgagee, Mortgagor will pay to Mortgagee each month an amount equal to 1/12 of the yearly taxes and assessments (including condominium and ground unit assessments. if any) which may be given priorityover this Mortgage plus, 1/12 of the yearly premium for property insurance on the Property. Mortgagor shall not have to make these payments to Mortgagee to the extent that Mortgagor makes them to the holder of a prior mortgage. Default. Mortgagor will be in default under this Mortgage: (a) If there is a default under the Note; (b) if Mortgagor breaks any promise made in this Mnrteaop• frl if anv Mnrf ananr elfpc• felt if= nv ner.pr rr„ela?r f r?p? fn f ?trp mp Prnnprta by IpoaI nrnress• rel if anv Mnd¢aeor files bankfUDtCY or if anyone files an false statement in this Mortgage; or (h) if the Property is destroyed, or seized or condemned by federal, slate or local government. Mortgagee's Remedies. Unless prohibited by law, it Mortgagor is in default under this Mortgage, Mortgagee may, at its option, after notice required by law, declare due and payable the entire unpaid balance of the sums which are secured by this Mortgage and owing upon the Agreement. If Mortgagee so declares such entire balance due and payable, Mortgagee may take possession of the property, collect any and all rents, apply said rents to the indebtedness secured by this Mortgage, foreclose the Mortgage, or take other action upon the Mortgage as permitted cr provided by law to collect the balance owing. If a mortgage foreclosure action or any other action on this Mortgage is filed by Mortgagee, and/or if Mortgagee takes any action to protect or enforce its interest in any court, including Bankruptcy Court, Mortgagor agrees to pay to Mortgagee all expenses and costs of such action, including, if permitted by law, reasonable attorneys' fees. Remedies Cumulative. If any circumstance exists which would permit Mortgagee to accelerate the balance. Mortgagee may take such action at any time during which such circumstances continues to exist. Mortgagee's remedies under this Mortgage shall be cumulative and not alternative. Delay in Enforcement. Mortgagee can delay in enforcing any of its rights under this Mortgage or the Agreement without losing that right. Any waiver by Mortgagee of any provision of this Mortgage or the Agreement will not be a waiver of the same or any other provision on any other occasion. Assignment. Mortgagee may sell, transfer or assign this Mortgage without Mortgagors' consent. Severability. If any provision of this Mortgage is held to be invalid or unenforceable, such determination shall not affect the validity or enforceability of the remaining provisions of this Mortgage. WITNESS th igni oft P rtgage on the date set forth above, intending to be legally nd. i ? Witness +- Mortgag 9 EXHiBIT "A" Witness Mortgagor . pn . -, i 7(!(l :,rt 1 t K ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA ) SS: ` COUNTYOF CUMBERLAND ) Onthis 21St dayof APRIL ,19 95 beforeme, KAREN R SCHAEFER , the undersigned officer (who certifies that he/she is not an officer or director of PNC BANK, NA _ personally appeared PEGGY L LUKASHUNAS , known to me (or satisfactorily proven) to be the person(s) whose name(s) is (are) subscribed to the within instrument and acknowledged that he/she/they executed the same for the purposes therein contained. In Witnmsl herm`'44; Ynder set my hand and official seal. •r';., ww3.^''•. rfxa:vSro-A gnature?/Q i 7 KarenR t:C.v Ccmtm&., Et Expires Ju;xi Lilly ?-• ••""`K?:?°•?'- '1`: .tyCa:tmisJanE.pxp22. 1 9?G lle NOTARY PUBLIC ..?.•.,y?, t-? ? ? Al3nov, PcrnsyHanarVSOOanrl of (JOSUn)s »''•- ?JY•?S"^+lt!L:'' AFFIDAVIT OF SUBSCRIBING WITNESS ?i• ????5 - Luse if Mortga or s) acknowledged the Mortgage. Affidavit must be taken in county where Property is located.] Before a aotary public (who certifies that he/she is not an officer or director of )• personally appeared , the subscribing witness to the within Mortgage, who being duly sworn according to law, depose and says that he/she was personally present at the execution of said Mortgage, saw the within named Mortgagor(s) and sign as his/her/their act and deed, and deliver said Mortgage for the purposes therein set forth; and that the name of this deponent affixed thereto as subscribing witness is of deponent's own proper handwriting. Subscribing Witness Sworn to and subscribed before me this day of , 19-• Notary Public CERTIFICATE OF RESIDENCE KAREN R SCHAEFER , do hereby certify that Mortgagee's precise residence is PNC CONSUMER LENDING 2730 LIBERTY AVE PITTSBURGH PA 15222 CA ono ?S 'I `•Agent fur Mortgagee COMMONWEALTH OF PENNSYLVANIA 4 ) SS: COUNTY OF V'?/ " ?1 ) LI (/?1/?1^ c RECOR EDonlhis 2RV dayof ' ' ? L1 19 J. in the Office of the Recorder of Deeds in and for said County, in Mortgage Book Volume, page _Ilr e it of said office the day and year aforesaid. WITNES hand and thsea Recorder eodx 1?6Q '>GE M b7 3 m. 0 zVaN K ncH9 P 'N con 7 x C O r 0 N rr•?r? ML n ? ro 6 5 o l'I z CD O N •C7 N 7 H ? := a m zr r- rr n v ? 'o =ZFL ?1N C' C C m F 2rn -1 M W •`O a Cn v l z m Leddcr. PNC Ba i, NatiDIRICT INSTALLMENT LOAN TRUTH•IN•LENADIING2DISCL995URES 3.1 9116 Date. OLNACS 111etmber 3933992 PERCENTAGE CHARGE RATE The dollar amount the The cost of the Borrower's credit will cost The credit as a yearly rate. Borrower. Amount Financed The amount of credit provided to the Borrower or on the Borrower's behalf. Total of Payments The amount the Borrower will have paid after Borrower has made all payments as scheduled. 9.756 % $ 11567.90 $ 20172.10 I$ 31740.00 ' P t S h dole will be a means an estimate The Borrower s aymen c e Number of Pa ments Amount of Pa menns ? VJhen Payments Are Due ??0- f- 264-S 01LLS-5-1995 $ onlhly beginnin Security: Ender is getting a security interest in deposits or property held by Lender, and: Late Charge: [ ] Not Applicable. [ If a payment is not [ ]None. [ ] Goods or property being purchased. madewithin 15 days of its due date. Borrower may recharged the X lesser of $10.00 or 5% of the total amount of the payment which [ ] Real Estate. [ ] was not paid in full. Prepayment: If Borrower pays oil early, Borrower will not have to pay a penally. 7h In addition, collateral (other than Borrower's principal residence) Required Deposit Balance: [ X] Not Applicable. [ ] The securing other obligations to Lender may also secure this dole. Annual Percentage Rate does not take into account your required deposit balance. Security Interest Charges: Assumption: It this loan is secured by a dwelling, someone ( X) None [ _ ] Filing Fees $ purchasing that dwellingcannot assume the remainder of the loan Variable Rate: [ lC] Not Applicable. on the original terms. [ ] The Annual Percentage Rate may increase if the Prime Rate published in The Wall Street Journal increases.The rate will not increase more often than once a month. The rate will not increase more than one percentage point in anyone month and will not increase more than live percentage points during the term of the loan. The rate will never increase beyond 18%. Any increase in the rate as a result of an increase in the index may cause the number of payments to increase, and/or: [ ] the amount of the final payment to change. The final payment will never be increased to more than 150% of the regular payment. For example, if your loan were for $10,000.00 at an initial rate of M$%, repayable in 48 monthly payments of $270.76, and the rate increased to 14%% after 12 payments, increased to 15'h% after the next 12 payments, and then remained the same for the term of the loan, you would be required to pay one additional payment of $254.88. [ ] the amount of the payments to change. The amount of the payments may increase every four years. The final payment will never be increased to more than 150% of the regular payment. For example, it your loan were for $10,000.00 at an initial rate of 134%, repayable in 72 monthly payments of $203.39, and the rate increased to 141.6% after 12 payments, increased to 15%% after the next 12 payments, and then remained the same lot the term of the loan, the payment amount would increase to $227.12 for the 491h through the 72nd payments. [ ] If Borrower's participation in the automatic payment plan is discontinued for any reason, the Automatic Payment Plan Discount of percentage points will terminate and may cause the rate to increase. Any increase in the rate will cause the amount of the payments to increase. For example, it your loan were for $10,000.00 at an initial rate of 134%, repayable in 48 monthly payments of $270.16, and the Discount terminated after 12 payments, the payment amount would increase [o$ tar the remainder of the term of the Note. See your contract documents for any additional information about nonpayment, default, any required payment in lull before the scheduled dale and prepayment refunds and penalties. CREDIT INSURANCE IS NOT REQUIRED: Credil Life Insurance and Credit Disability Insurance are not pay the additional cost (s). Insurance may be purchased on the lite of one or two Borrowers. Credit IN: cost of the insurance for the original term of the credit is stated below. "Borrowekv] I i is insured I want Single Credit Life Insurance which costs $ 948.10 I want Single Credit Disability Insurance which costs $ 1224.00 We want Joint Credit Life Insurance which costs S to obtain credit, and will not be provided unless Borrowers sign below and agree to surance may be purchased on only one Borrower. II obtained through Lender the Signal ?- TDerson to be,insu for "a Credit t Lire Insurance SiP.natuJOa P a to be insured for Single El edit DisabilitInsurance Signatures of Persons to be insured for Joint Credit Life Insurance Borrower does not desire or is not eligible for credit insurance: Signature of Borrower Notice to Bairowerts): The maximum amount of coverage which insured Borrower(s) will receive is set forth in the certificate or policy, as applicable.. Lenders Single Interest Insurance: [X ] Notapplicabie. [ ] Lender's Single Interest Insurance is required as acondition of this credit. Borrower can obtain the insurance tram anyone acceptable to lender. II obtained from Lender, the cost will be $ DIRECT INSTALLMENT LOAN NOTE LATE CHARGE: ( ] Not Applicable. [ X] Bonower agrees that Lender may assess a late m I h lib OEFINITIONS:Inthis Note, lheword "Oorrower'"means each and all of those who sign below charge for any payment not paid in lull within 15 days of its due date. ealec argewr e and each and all of those who endorse the check which disburses the proceeds of this loan. the lesser of$10.00or5%ol the tatalamountof the payment which was not paid in lull. Notate charge will be due, however, if the reason that the payment is fate is either. (a) attributable to a The word "Lender" means PNC Bank, National Association late charge assessed an a prior payment; or(b)because. after default by Borrower, the entire or any person to whom this Note has been transferred. EXHIBIT "(3" outstanding balance on this Note isdue. No more than one late charge will be imposed tar any Rnoanvarrt Pon1nSP Tn PAY- To mnav this loan Rnnnwet nu m uses to oav to Lender single scheduled payment..._ the term of the Note. I SEe your contract documents lot any additional information about nonpaymenldelault, any required payment in lull belmethe scheduled I (B) date and prepayment refunds and penalties S mill not be ciedil, required e ate not CREDIT INSURANCE IS NT-REUI: edit rov, pay the additional cost(s)On urancem y be purchased on the tile of one or Iwol0onaxers.ECredit Disability Insurance may be pmcha ed on only one Borrow©rr lrl obtained through Lender the cost of the insurance for the original term of the credit is staled below. "Borroxe to is insured may of be a Co-Ma.et. I want Single Credit file Insurance which costs S 948.10 I want Single Credit Disability Insurance which costs S 1224.00 vie want Joint Credit Life Insurance which costs $ lot 14igle CreSd Life Insurance to be inswed for Single Credit Disability Insurance Signatures of Persons to be insured for Joint Credit Borrower does not desire or is not eligible for credit insurance: Signature of Borrower Notice to Bonoweds): The maximum amount of coverage which insured Borrowers) will receive is set fodh in the certificate or policy, as applicable.. Lenders Single Interest Insurance: [Y. ] Notapplicable. [ ] acceptable to Lender. It obtained from Lender, the cost will be $ DIRECT INSTALLMENT LOAN NOTE DEFINITIONS: In this Note, the word "Borrower" means each and all of those who sign below and each and all of those who endorse the check which disburses the pioceedsol this loan. The word "Lender" means PNC Bank, National Association or any person to whom this Note has been transferred. BORROWER'S PROMISE TO PAY: To repay this loan, Borrower promises to pay to Lender s 20172.10 , with interest on the unpaid balance from the dale funds are advanced until paid in full. Interest shall be paid at the rate per annum of 9.750 e•6 Borrower promises to make payments in accordance with the payment schedulestated in this Note. Borrower promises to pay to Lender all other amounts which may become dueunder the terms of this Note, including, if applicable, Late Charges and Costs of Collection. Borrower agrees to make Payments at the place designated by Lender. Borrower may also he squired to pay to Lender certain other charges before Lender will give any money to Booker. These charges, it any, are slated above in "Itemization of Amounts paid by Borrower atthe time the loan is made" and/or in the Settlement Statement. PAYMENT SCHEDULE: Borrower agrees to pay to Lender the amounts due under this Note: Q ] in uninterrupted monthly payments: 119 payments of $ 264.50 and a final payment, which will be billed by Lender, of all remaining unpaid amounts. Payments will be due on the same day of each month starting on Jun. 5, 1995 Payments will continue until all amounts due are paid. payments [ ] in uninterrupted monthly payments, except for the months shown: of $ and a final payment, which will be billed by the Lender, of all remaining unpaid amounts. Payments will be due an the same day of each month starling on . PROVIDED, HOWEVER, that no payments shall be due during the months of or each year. [ ] in a single payment of$ plus accrued interest and all other amounts due on interest [ ] In addition, prior to the month of the first scheduled payment as stated above, shall be payable monthly on the unpaid balance and shall be due on the same dayol the month as the later payments. The date Thal the final payment is scheduled in this paragraph to be due is called the "Maturity Dale" of this Nate. VARIABLE RATE: [X ] Not Applicable. [ ] The interest rate on this dote may change based on changes in the Interest Rate Index. See the "Changes In Interest Rale" section on the reverse side of this Note LATE CHARGE: [ ] Not Applicable. [ X] 8011ewer agrees that Lender may assess a late charge totally payment not paid in lull within 15 days of its due dale. The late charge will be the lesser of SiD.00 0(5%of the total amountol the payment which was not paid in full. No fate charge will be due, however, it the reason that the payment is late is either: (a) atbibutable to a late charge assessed on a prior payment; or (b) because, after default by Borrower, the entire outstanding balance on this Note is due. No more than one late charge will be imposed for any single scheduled payment. MONTHLY PAYMENT CHANGES: [X] The payment amounts will not changeover the termed the loan exceplasstaled in the "Payment Schedule." [ ] The payment amounts may increase it Borrower terminates participation in the automatic payment plan. Lender will determine the amount of equal monthly payments that would be sullicienl la repay in full, by the Maturity Dale, the unpaid principal balance that is expected to be due on the payment change date, at the interest rate in ellect at the time the calculation is being made. Lender will notify Borrower of the new amount of the payment which is due. [ ] Changes in the interest rate may cause the numberof payments and/or the amount of the final payment to change. One month before the Maturity Dale, it necessary, the number of payments due will increase so that the final payment will not be more than 150% of the previous scheduled monthly payment. rate may cause the number of payments to ,rower at the new amount of the payment wmcn rs uuc. ,- ,.,.„.,, -.• .••. the final Date. it will not be more t pan the 150% of number the of previous scheduled will mincrease so onthly payment. E PARTIES: If there is more than one Borrower, each agrees to be responsible to ndividually and together, for payment in full of this loan. Borrowers agree that anyone else at the of all of any rBopart of rmwer the be the proceeds equ equivalent of payment to each Borrower and [at the I all Borrowers. DITIONAL PROVISIONS ON THE REVERSE SIDE ARE PART OF THIS NOTE. IER ACKNOWLEDGES RECEIPT OF ACOMPLETELY FILLED-IN COPY OF THIS NOTE. I NG BELOW. BORROWER AGREES TO BE LEGALLY BOUND BY ALL THE TERMS AND IONS OF THIS NOTE. E ch of the Borrowers guarantees that the signature of any I is genuine. ?i 14211 Borrower Dale AUTOMATIC PAYMENT PLAN: [X ] Not Applicable. [ ] Borrower authorizes Lender to deduct the payments on this loan from Borrower's deposit account number Borrower Date on each scheduled payment due date The interest sale on this loan mayincreaseby percentage points ("Automatic Payment Plan Discount-1 if partiopa- CO-MAKERS-SEE NOTICE TO CO-SIGNER ON THE REVERSE SIDE: Any Borrower 'who is eon in the automatic payment plan is discontinued for any reason, including(a)it any Borrower designated as a Co•!Aaker agrees to be equally responsible with all other Borrowers for the are not suffici nit funds in the arccountt omakee thte lull monthlytpaydme above three payment dates. payment of this loan and performance of all promises in this Note. to par ( account Co-Maker Dale APR 2 7 X995 Dale Co-Maker NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION PA 000 00000128 (Rev. 7/93) ORIGINAL Lender's Single Interest Insurance is required as a condition of this credit Borrower can obtain the insurance from anyone W <: ADDITIONAL PROVISIONS N5 SI PROV oE WAI , ^ sm r e ? A 0 o n cunt :dn ; e pro co demand o',dsall other nolic s Or 1ll f chame CHANGES IN INTEREST RAT E:11 the imeiestrat testt not rower ;nine: . l, 6o;?. 3e vmmalitiy adslmLaaello?G nu to tin p o enforcement Int n e be nd¢A i' the rate wi he Interest Rase index ("I will lotime.thie t " P tain he Base Rate" The Base n index The , Pa ' roor ce. erves amr, nghlato require due diligence m collection by lender th N t th ! f d y o n theloan. i e was computed by adding the Magin to the Orieinal Index, and Ili^_n, J Borower is tic t R is e m eu er o DELAY IN ENFORCEMENT: Lender can delay enloroing any rights un 's failure to enforce any right under this Note shall not aela name, d L a e parliciDahnr, in Ili? aulamalic payment plan, suotrocfing, the amount 01 the Automa uleA by adding the Margin to the otrach t nt pla ym e ic auto er en losing any lights. of that tigm or preclude the exercise of that right in the event of a future occurrence of :'e and suCr ments k a p s n e ta! e D-1 ar payment Plane current Index at the bore of the adjustment lsuUlect to the h nitabonsdesuihed be!enJ and subtractingtheamounlohne aylnert plan atc h m . a y ing p alto extant the time allo'xed for ma same event. lende if extension shall not atectlheobligahonsof any Borrower, whether or not that Bdrro'.vens;wer, . p rm e 3 then. it Ronowef is pallicipatingmt Automatic Payment Plan Discount. The interest rate on this loan maybe adjusted monthly, on in the month after the funds are innin be th notice of the extension. ELEASE OF SOME BORROWERS OR SOME SECURITY: fl there is more loan one Balloter. g . g the first calendar day of each calendar mon TheIndex asloehighest Prime Rate Published inthe"Money Rates" section of The d d R each agrees to remain bound bythis Note, although Leader may reieasemiyother Borroweior t hi N t 4 ) . vance a Wall Street Journal to; the last day of the preceding Calendar month'nhic!i is reported. It me had cease to be available. Lender shall select a d i t s o e. release or substitute any prop'erty'vriichissecuiilylofthC(eD3yinento I , s s base Index. or the information on which it new Index wrier. in lenders sole opinion, upon a reasonable basis, is comparable to the eeentagOpentin decease male Than one s SECURITY INTEREST CHARGES: Borrower agreesto paY any recording, (dine, satisfaction are The charges are to repay Lender for the tees Data :a be charged i ! p e of Index. The annual interest ratewilt not increa any one calendar month, and hill not increase of decreaid more than five percentage points ¢ caused by formation of IA chanY tne lndgz . ch may encumbrance feeswh public ofbcials to protect continue, or release any security interest given lathe S?cord, . . duringlhe Cerro of life Ica ndue lochangesin Borro'weispalt¢paloninfare automatic Payment Plan Isno,subject tothelimnalaimsellorth Agreement of Mortgage. i in the previous sentence.] The annual interest rate will not exceed 184. PROPERTY INSURANCE: It property insurance and/or flood insurance is req railed under rns and/or ;'em t i COMPUTING INTEREST: Interest is charged an a daily basis, according to the outstanding loanlcooThecalif interest rate isequal tothe l;h y n proper Note, a ttartgae. or a Security itreemenl, Borrower may obta tisacceotahletoLender.llflood Insurance isregwred.youm'ie h e Ialancesubject toinleerioneachdayo annual interest rate in effect on that day divided by the number of days in that calendar year. s r a insurance from anyonel been r r t e Borroweragreesthat because interest iscalculated anadaJayments ,latepaymesinte d applicable. a late charge.): early payme mill resnR in m le Ins; interest additional interest lard rowermayrepay, infullofinPart.theamountOweddotn'sNoteztata ENTYBor REPAYM P n n , being craned. If the lMeest rate on this Note will not change because of changes in the Index mou final nts cause yand orlate c ' g / l the loan coil penalty I u paid. m mss until all amounts due under this lose are to d i se Vami es in the this Noe can change because of chan ate on (see to char e.l11 the interest r and/or late payments will cause the number at g ti " " egri schedule pay mate r INTEREST TO SECURE BORROWER'S N I y on), ca sac Vanable Rate index (see me enisis-abject tochange I tlh life amount of the paymen6(illheamoun ments due a IF LENDER OBTAINS R:(altopay EFOLLOWINGADDTIONAL ROMSESTOLE DE BORROWER MAKES TH NOTE chang en y , every 48 months) and/or the amount of the [trial payment to change. P . all taxesdueonthe collateral. Il Borrower does notpaylhe taxes, Lender has the option to pay APPLICATION OF PAYMENTS: Lender will apply payments in the following order of priority: al i i the taxes. Upon demand. Borrower promises promptly to repayto lender any amountspaid be interest in stock or securities, the value at !h=_ it s . p nc interest, late charges, lees, and then pr WAIVER BY LENDER: II Borrower has made or makes in the future another !can agreement f Borrower or a secur y Lender for taxes; (b) it lender get collateral may become insufficient to protect lender. IN that happens. Borrower agent to swill be enough to protect lender: li b with Lender, Lender might obtain a security interest in the principal dwelling o That Security Agreement may provide that ment l eve e deliver to Lender additional collateral which Lender any i ht to inspect h . l l . oan agree someone else to secure that other secures not only that ives agreement bu fight also all other loan the pri other ]knin d UP) e l l g e r ( to allooLeader t excepted; (d) to VePp i ear and leaf w sonable coflateni in good condition and repair erea as provided in the Security Agreement aria/cr a e d l er len g w I ror Bor e of agreements interestin!he principaldwehingol any person losecurd this Nole unless the security in am . oss or P. insured against insured. Lender has the cation o: Mndgage'ulfy Borrower Jaes not keep the collateral t ! is specifically given to secure this Note. interest ble law li o urcnasin insurance Upon demand, Borrower promises promptly to repay Lenderthecos thalintereslshall be payableto Lerida: . ca INTEREST AFTER MATURITY AND JUDGMENT: Unless prohibited by app rovided in this Note shall continue to accrue on the unpaid balance until paid in t th ate Insurance pu rchased by lender and Borrower agrees vided by law; and l?)d as pro e or insuch amounts until paid, at the rate provided for in this flat a e r p full, even alter (whether by acceleration of otherwise) maturity and/or if judgment is entered time interest as provided for in this paragraph t IN a and texes f amounts are advanced by Lender under this section orbalance 'equ ere ermay. all a any against Borrower for the amounts due. is not permitted by h ch re d u m l l e e wlith nPerest bydincreasingtheins allmentpaymenlssalhallheaulslandngpnn 'Is i stralew h¢olc hange ay aL^onlhst ate iesl llowed byappliwhlelawtlf iheinte a lender shall be the interest rate in effect i f l d b ay th is repaid in Noil in substantially equal installments an the due Jales stated in the payment y s i e will apply beginning on the date a lawsuit on that date or the interest late stated in the "Borrower's Promise to Pay:' whichever is less. schedule. es Lender the i v DEFAULT: (As used in this paragraph, the term "Borrower" includes Botrowels. Ca-Makers, LENDER MAY SIGN BORROWER'S NAME TO INSU RANCE CHECKS: Bar rover g check or draft from an insurance cram party. This is limdera ) Borrower will for this Note it an ' . y Guarantors, sureties. and any owner if[ property which is secur y s name on sight to sign Borrower heck or draft in paymentof returned premiums at benefits under credit life insurance or p be in default: (a) if Borrower does not make any payment before of on the dale it is due: or r to a c ct credit disability insurance, insurance coveringproperlywhich issecunty for this loan or llameyindael for Borrower with Cie insurance. This meanslhat Borrower appoinlslender asa (b) if Bofrowef defaults on any other note. loan or agreement win Lender: o one nho signs the Security Agreement or a tAodgage securingthis NOl¢ breaks any ower to endorsechechsor drafts. if an ll f y (c) u p promise made inthe Security Agreementor Mortgage ;including no tfimdedlotheprdmise n.oaues give away of transfer title to the property whichis ihhueesubjectoithemorigage.of COSTS OF C00.ECTION:11 Bouawen;in delaullunder this Noln and Lender files su costs of so,*. not to sell a to , (d) it any notr winch Lender has obtained a security interest to Secure this Note i y p s Other action to collect this loan or protect any collateral, Borrower agrees stolen (and d not recovered within a reasonable dine) or destroyed; lost tatement or misrepresentation in the cred it and. it permitted by lees. reasonable altdrners' leas an expenses. (e) if Bono'wer has made any untrue s application or any alter certificate or document given or made for this loan; or SECURITY INTEREST IN DEPOSITS: The Lender may set-off any amounts due and unpme This includes any th Lender t ' nfe them mat . it these is more than one: or the er Pra at (1 ) rovides Borrower lender or with any raise one of m or n p it n . wi s money on deposi under this loan against any of Borrower which is now or may in the lulue be deposited with Lender by Borrower or with arty it s or ug (g) fill , is incompetent, or one e of of them, is e ny ;cial determination that Borrower, or a oad faith believes that the prospect of Bori paying this flare in i if L d money ie . is co depositor, including your spouse. This also includes any property. credits. secur which may at any time be delivered to or in the possession of tae wer B en g ( ) er ired. tstanding balance onthis Ploteshall beimmediately du re o t h , orro money of the e Lender. This mayh¢donewithout anyprior notice NO Borrower. u i It GoBona'nefisindefault. t een at the option at the Lender. This will happen without any prior notice to Borrower, or right to REFINANCES: IN the propose of this transaction is to refinance an existing loan betneet and if Lender is obtaining a f d cure, eaeDt as may he required by tan. lt f un s. Borrower and Lender and to lend Borrower additional t in a principal dwelling, Borrower may have the right to cancel the vansacnar r ot i t d If i eres au n oes : security Borrower will also be in de exercises the right, the part of the transaction that Bamoxer (O it Berowei becomes insolvent and/or cannot pay Banower's debts as they become s in er e pad. It Brest ccording to tire terms of this. tote. but with the amount able due: or (k) it any other creditor If ref by legal process to is-e any money or property or Bonowe a r in at canhecel mil neverthelessbearsnay the lender'; possess cn: or ASSIGHMENT:'you may not as gn or otherwise transfer yonr ngnm under this Nateto anyor.? (1) it Borrower files a bankruptcy petition or it anyone tiles an involuntary bankruptcy n this tlote, and any Security Agreement actl d: r assi l g ef, o orm.,,e u against ecurethis Nate. and Borrower's rights and obligations under leis None wiz (m) d Snnnhei makes an assignment for the benefit of crediloa, of any ?nsomency, else. Lender may sell, Irans olitage given to- h s reorganization, afrenement. debt adjustment. eecewership. trusteeship, liquidation or ot mceedmgs are instituted by or against 8onower, or t er con nnue unchanve ha : io p legal or egwla ate s HEIRS AND PERSONAL REPRESENTATIVES BOUND: The mov¢mrs of tai; . of if any adzment tae Lien. municipal enarge of tax!evy is filed of end of ereatcn is sonal fepresentaines or ?t¢:affehe!. against Bcrrhnr. issued against 1!on•?e•,emd>?ca!:er!n!'L;+1.1!L;ml or lint hadp?ns.7ha ¢nhre aulsmnnma bafanc?on':rs bmdmZ Upon :he "nouoner•and the heirs and per Itq if f omruw er deau.:s on any ot.cr I:ae. IGa a,,r..l ent wail I en onn Idnan yon e'wr'e5lym:IneSccunlj'n?rerme'IlGIah'ortppgo,'-cuiuip:1n:NClehlca kr. any promise made in InCSecunly Agreement or MWE8,',%mclunn g but net rimed Io Inc prmmse not to sell, give away or Itansidf Idt^ to the property, which is the subject of Inc mortgage, or (d) it any property in enroll Lender has obtained a security interest to secure this Note is lost, stolen (and not recovered within a reasonable bore) or d^_slioyed; of (e) if Borrower has made any untrue statement or misrepresentation in the credit application or any other cedihcale or document given of made for this loan; or (1) upon the death of Sonoxer or any one of them, it there is more than one, or (g) it Borrower Provides Lender with false information or forged signatures at any lime; or Ih) upon a judicial determinabon that Borrower, or any one of them, is incompetent: or (1) it Lender in good froth believes that the prospect of Borrowor's paying this flute is impaired. It Borrower is in default, the entire oulstandmc balance on this 14010 shall be immediately due, at the option of the Lender. Inis'will happen without any prior notice to Bouower, or right to core, except as may be required by taw. Borrower will also be in default: III if Borrower becomes insolvent and/or cannot pay Borioner's debts as they become due: or (k) if any other creditor tries by legal process to Wig any money or properly OI Borrower in the Lender's possession; or (1) If Borrower fifes a buhkmptcy petition or it anyone life-. an involuntary bankruptcy against Borrower. or (m) if Borrower makes an assignment for toe benefit of creditors, or any insolvency, reorganization. arrangement, debt adjustment, receivership, trust!'eship, liquidation or other legal or equitable proceedings are instituted by or against Borrower; or (n) It any judgment, tax lien, municipal charge or Ox levy is filed or writ of execution is issued against Borrower. It any event described in (1), (k), (1), (m) or (n) naOD°n;, the entire outslandmg balance on this Note shall be immediately due wihout any pier cG;,Ga iG Bmru e vt. or right to cure. except as may be required by law. A default by Borrower on this Note is a default on every other note, loan, or agreement of Borrower with Lender. u ullh aW ib ni a c incufm o stir [: yv'Ii. ns u In i.tionlor NC: rt, ilaClllrll C!•Tmi1. n Ifl,l tlgrlnwLf d,qr Jl . ,1!'7 r.,,,llr'1.!r In lu.i l?r drrf0 rcrf..hl l? lull pewef to endorse chunk: or drolh COSTS OF COLLECIIOff: II Borrower IS in detault under IIn, Nole and Lender files sort. or lak•. other action to collect this loan or protect any collateral. Bormr,et agrees to pay costs of su and, it permitted by law, reasonable attorney; Ices and expenses. SECURITY INTEREST IN DEPOSITS: The Lender may setoff any amounts due and unpa• under this loan agemsl any of Bononer's money on deposal with Lender. This includes ar money which is now or may in Ine More be deposited with tender by Borrower or with an co-depositor. including, your spouse This also includes any property, credits. sircurilies, c money of the Borrower, which may at any time be delivered to or in the possession of Ill Lender. This may be done without any prior notice to Borrower. REFINANCES: If the purpose of this transaction is to refinance an elisimg loan bebveeh Borrower and tender and to lend Bouower additional Iunds. and of tender is obtaining . security iMerest in a principal dwNlmg. Borrower nhay have the right to cancel the transaction in part. It Borrower exercises the tight, the part of The transaction that Borrower does no cancel will nevertheless be repayable according to the terms of this Note. bul w ith the amoun of the payments adjusted as necessary. ASSIGNALM You may not assign or otherw Ise transfer your rights under this Note to anyom else. Lender may sell, transfer, or assign this Note, and any Security Agreement and/o Mortgage given to secure this Note, and Borrower's rights and obliP,ahdns under Hut NOle'wi; continue unchanged. HEIRS AND PERSONAL REPRESENTATIVES BOUND: The provisions of this Note shall In binding upon the Borrower, and the heirs and personal representatives of the Borrower. GOVERNING LANPROVISION: Thistlol and its validity. construction and enforceability shal be governed by the laws of Pennsylvania, except to Itie extent that such laws have beer preempted or superseded by fedeul law. NOTICE TO CO-SIGNER You arc heing asked to guarantee firs dcbt.'fhink carefully before vuu do. If the Borrower doesn't pay the debt, you will have to. Be sure you can afford to pay if you have to, and that you want to accept this responsibility. You may' have to pay up to the full sunuunl of the debt if the Borrower does not pay. 1'uu ntayalso have to pay late fees or collection costs, which increase this amount. The Lender can collect this debt from you without first trying to collect from the Borrolver. The Lender can use the same collection methods against you Ihut can housed against the Borrower, such as suing you, etc. If this debt is ever in default that fuel may become a part of pour credit record. Cons it lner loan Center 2730 [JIjusty Avenue 1"ushwgh, R\ 1., 22 PNCBANK August 12, 1999 Peggy L.Lukashunas 12 Bourbon Red Dr. Mechanicsburg. PA 17055 Morteaee l omn Number. 040-01-003003391 109 Mortnnvc Note Date: April 26, 1995 Mortnm+e Premises: 12 Bourbon Red Dr., Mechanicsburg, PA 17055 SENT 13Y CERTIFIED MAIL RI TURN lU:CEIP'l' REQUFSTED NOTICE OF INTENTION TO FORECLOSURE MORTGAGE The MORTGAGE held by PNC Bank, National Association (hereinafter we, us, or ours) on the property located at 12 Bourbon Red Dr., Mechanicsburg, PA 17055 IS IN SERIOUS DEFAULT because you have not made the monthly payments in the amounts of S26450 for the months of May 1999 thru August 1999. Late charges and other charges have been accrued to the date of this letter in the amount of $26.42. The total amount now required to cure this default or, in other words, get caught up in your payments is $1,021.92. You may cure this default within THIRTY (30) days of the date of this letter, by paying us the above amount of S 1,021.92 plus any additional monthly payments and late charges which may fall due (luring the period. Such payment must be made either by cash, cashier's check, certified check or money order, and made at Centralized Collections, Consumer Loan Center, 2730 Liberty Avenue, Pittsburgh, PA 15222. If you do not cure the default within THIRTY (30) DAYS, we intend to exercise our right to accelerate the mortgage payments. This means that whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to payoff the original mortgage in monthly installments. If full payment of the amount of default is not made with THIRTY (30) DAYS, we intend to instruct our 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 mortgaged debt. If we refer your case to our attorneys, but you cure the default before they begin legal proceedings against you, you will still have to pay the reasonable attorney's fees actually incurred, up to S50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees even if they are over $50.00. Any attorney's fees will be added to whatever you owe us, which may also include our reasonable costs. If you cure the default within the thirty day period, you will not be required to pay attorney's fees. We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If you have not cured the default within thirty day period and foreclosure proceeding have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs foreclosure sale. You may do so by paying the total amount of the unpaid monthly payment plus any late or other charges then clue, as well as the reasonable attorney's fees and costs connected with the foreclosure sale (and perform any other requirements under the mortgage). It is estimated that the earliest date that a Sheriffs sale could be held would be approximately February 2000. A notice of the date of the Sheriffs sale will be sent to you before the sale. Of course, that amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment will be by calling us at the following number: (412) 762-5055. This payment must be in cash. cashier's check, certified check or money order and made payable to its at the address stated above. EXHIBIT "C" Consumer Loan Cenl r . '!730 Liberty Aernoe h(tsk gh. 8115222 PNCEANK PAGE 2 OF 2 You should realize that a Sheriffs sale will end your ownership of the mongaged property and your right to remain in it. If you continue to live in the property after the Sheriff's sale, a lawsuit could be slatted to evict you. You have additional rights to help Protect your interest in the properly. YOU HAVE TI If, RIGHT TO SELL THE PROPERTY'r0 OBTAIN MONEY'r0 PAY OFF TI IE,IMORTG WE DEBT, OR TO BORROW MONEY FROM ANOTFIER LENDING INSTITUTION TO PAY OPF THIS DEB'T'. (YOU MAY HA VE T111, RIGI rr TO SELL TRANSFER THE PROPERTY SUBJECT TO'TfiE MORTGAGE TO A BUYER OR TRANSFEREE WHO -VILOR E ASSUME THE MORTGAGE DEBT, PROVIDED THAT ALI, THE OU'T'STANDING PAYMENTS, CHARGES AND ATTORNEY'S FEES AND COSTS ARE PAID PRIOR TO OR AT THE SALE; AND THAI 'TfIE OTFIER REQUIREMENTS UNDER TFIE MORTGAGE ARE SATISFIED). CONTACT US -1.0 DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGI-IT MIGIIT EXfST. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. If you cure the default, the mortgage will be restored to the same position as if no default had occurred. However, you are not entitled to this right to cure your default more than three times ill any calendar year. Very truly yours, Ron Fudge cc: regular mail PNC Bank, National Association Cmssumer Loan Cemer 2730 Libcrty Avenue husk"gh. PA 15222 PNCBANK August 12, 1999 Peggy L. Lukashunas 12 Bourbon Red Dr. Mechanicsburg, PA 17055 RE: Account #040-01-008003391109 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROtNI FORECLOSURE The Commonwealth of Pennsylvania's Homeowner's Emergency Mortgage Assistance Program may be able to help You. Read the following notice to find out how the program works. If you need more information, call the Pcnnsylvanin Housing Finance Agency at 1-800-342-2397. La notification en adjunto es de suma imporiancia, puez afecta su derecho a continuer vivicndo en su casa. Si no comprende el contenido do esta notification oblenga una lradLICe10i1 immediatanicnte Ilamanda esta agencia (Pennsylvania Housing Finance Agency) sin cargos a1 numero mencionada arriba. PUC(Ies ser clegible para tin preslmno per el programa llamado "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 Op 110MEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM PLEASE READ TI IIS NOTICE YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND I1ELP YOU MAKE FUTURE MORTGAGE PAYMENTS You may be eligible for financial assistance that will prevent foreclosure on your mortgage if you comply with the provisions of the homeowner's Emergency Mortgage Assistance Act of 1953 (the "Act"). You may be eligible for emergency temporary assistance if vour default has been caused by circumstances beyond your control, you have a reasonable prospect of resuming your mortgage payments, and iryou meet other eligibility requirements established by the Pennsylvania I lousing 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 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 to work our a repayment plan, or to otherwise settle your delinquency. This meeting must occur in the next (30) days. EXIIIDIT 'D" Consumer Loan Center •27911 Liberty APenne pillsi),11gil. PA 15222 PNCBANK PAGE, 2 OF 3 if attend a fact-to-facc meeting with this lender, or with,' 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. "file name, address, and telephone number of our representative is: Iton Fudge pNC Bank, National Association 2730 Liberty Avenue, 2nd Floor Pittsburgh, Pennsylvania 15222 (412) 762-5055 dit counseling agencies are shown on the attached sheet. It is The names and addresses of the designated consumer cre mediately of only necessary to schedule one facc-to•facc meeting. You should advise this lender im 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 51,021.92, that sum includes the following: 5995.50 May 1999 thru August 1999 526.42 Late Charges S1,021.92 -total Your mortgage is also in default for the following reasons: ou have the right to apply if you have tried and are unable to resolve this problem at or after your face-to-face meeting, y assistance from the Homeowners' Emergency Mortgage Assistance Fund. in order to Flo this, you must fill for out, financial sign and file assist completed Homeowners' Emergency Assistance Application with one of the designated consumer out credit counseling agencies listed on the attachment. An application for assistance may only be obtained from a consumer credit counseling agency. 'file 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 meting. It is extremely important that }nt file your application promptly. !,f}'ou Flo not do so, or ifyou do riot (allow the other time periods set forth in this letter, foreclosure stay proceed against your horse immediately, under the Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency eligibility criteria established by the Act. it is extremely important that your application is accurate and complete in every respect. The Pennsylvania blousing Finance Agency has sixty (60) davs to make it 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. 'fhe Pennsylvania blousing Finance Agency is located at 2101 North Front Street, post office Box 5029, i larrisburg, Pennsylvania 17105 with telephone number of (717) 780-3800 or 1-S00.342-2397 (toll free number). Persons with impaired hearing can call 1-500.342.2397. Consumer Loan Center 730 Libet7v Avenue 11imimigh. PA 15222 PNC BANS K PAGE 3 OF 3 In addition, you may receive another notice from this lender under Act 6 of 1974. That notice is called a "Notice of Intention to Foreclosure". You must read both notices since they both explain rights that you now have under Pcmisylvania law. However, if you choose to exercise your rights described in this notice, you cannot be foreclosed upon while you arc receiving that assistance. Very truly yours, Ron Fudge PNC Dank, National Association (412) 762-2-3055 Enclosure € goflfl Igor ?gg£ o - r` E 5 h L,:a c 55 O . E ? 11 ?b -u'4 ¢ q ? ? V ? g ` d 4 E E ? E ? p N Z m •U NLL s ? F?§ p g e ¢ _? a ° c NL ? S E."N1E c m '4 f Eb^?jF'y` 5 = 5 O L. .--1 C C - y?N O £ E o° ? y ° S u $g ? _o cmb? n_fl m0 NU ye52,^zcz ?ENCw <sma ?= ? g? b x ?g p o f °3Q iSo`? R-m 25 Ec'0 CC m 55 4 C 4 y m 3a g 5 o E??a B ? 5 S , m m = C yiP a3 a m5 _ L a n ? ? 02 ?¢ x ° u0 N§a6 c.? y ? ? 3 ° yy??e aCl } > 9m cL .ts a ?-?? -g ? 4 9 ¢' ? ? r.) a: 00 N y b p p o o .`- I.E SE o m.m a ?) C C <I' Q V Q G ° ? • t t?l?u? n° ? ? ? ? (+? ? ? ? ? [c??1 t•] tt??11 t"1 ? ^^ ?"1 ? tt++11 r7 ? u °0 00 E 0 o °a W _w y v 5 ? O y. hO C N O b a¢SUU =00p0 » m I y m ' o m Y 2 O 0 ,J ? I a `, V ` n E ` 0 a N ? n V ?' 1l ? • il y Q q fn F [a] fil 1J ?.l ? . N - .? ' ?Y .] ?• E o J (I ' ? ? 7'~" } ? ?J. JI ?y ?J J S{c ?1 Lp > , ? • ~ ? ? ? u ( p j y ]? S j S j ! ? .+ `M < ? p IC l I l?0 ? I8 ?yJ' \yq, l o v ? ,y , iii cd a E N Z e .,r'J7+Y O::: ' ?I:Qf%:3At O N Y i :l 0 E E `o L m m A d l1 r n m th l1 V) a t, COMMONWEALTH OF PENNSYLVANIA ) SS COUNTY OF ALLEGHENY ) Michael J. Emerline _ states that he isa Consumer Loan Officer of PNC Bank, National Association, and that he is authorized to make this affidavit and verifies that the statements made in the foregoing Complaint are true and correct. He understands that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Michael J. 7 erling 1 Consumer Loan Officer Date: 11102/99 is , . C', ? ?? ? _ ,? n, .? <_.? ? ? ? .? `? G ?? ? v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW PNC BANK, NATIONAL ASSOCIATION, Plaintiff Vs. PEGGY L. LUKASHUNAS, Defendant No. 99-i9313 `4t? IN MORTGAGE FORECLOSURE DRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the Complaint in the above-captioned action. Date: DELAFIELD, McGEE, JONES & KAUFFMAN, L.L.P. By C Ro adele Kauffman, Esq. -torney y for Plaintiff Attorney I.D. No. 50692 300 S. Allen Street, Suite 300 State College, PA 16801-4841 (814) 237-6278 SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 1999-06919 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PNC BANK NATIONAL ASSOCIATION VS LUKASHUNAS PEGGY L R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: LUKASHUNAS PEGGY L but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of LYCOMING County, Pennsylvania, to serve the within COMPLAINT - MORT FORE (RE , uus orrice was in receipt of the attached return from LYCOMING Sheriff's Costs: Docketing So answers -- Out of County 9.00 %.? Surcharge cif r!? .00 Dep. Lycoming Co 25.50 R:" Thomas Kline Sheriff 00 of Cumberland County 34.50 02/15/2000 DELEFIELD, MCGEE, JONES Sworn and subscribed to before me this 25"-' day of , .7 ?-V-o _ I A. D. Prothonotar SHERIFF'S RETURN - NOT FOUND CASE NO: 1999-06919 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PNC BANK NATIONAL ASSOCIATION VS LUKASHUNAS PEGGY L R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT LUKASHUNAS PEGGY L unable to locate Her in his bailiwick COMPLAINT - MORT FORE NOT but was He therefore returns the NOT FOUND , as to the within named DEFENDANT , LUKASHUNAS PEGGY L DEFT. NO LONGER RESIDES AT ADDRESS STATED, BELIEVED TO BE LIVING OUT OF COUNTY. Sheriff's Costs: So answers: j Docketing 18.00 Service 5.58 Not Found Return 5.00 R. Thomas Kline Surcharge 8.00 Sheriff of Cumberland County .00 36.58 DELEFIELD, MCGF.E, JONES 02/15/2000 Sworn and subscribed to before me a_ ?C?a< a. this ?S - day of 2 su c? A. D. / Prbt ionotary In The Court of Common Pleas of Cumberland County, Pennsylvania PNC Bank National Assoc. VS. Peggy L. Lukashunas No. 99-6919 Civil Reinstated Notice & Complaint/Mort- Fore Now, 1/19/2000 19_, 1, SHERIFF OF CUIViBGP\J AND COUNTY, PA, do hereby deputize the Sheriff of Lycoming County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, February 1, AA2000, at 9:51 o'clock A. M. served the within Complaint in Mortgage Foreclosure UpOll Peggy L. Lukashunas at 48 West Third Street, Williamsport, Lycoming County, Pa.. by handing to her personally a true and attested copy of the original Complaint and made known to the contents thereof. So answers, S\i'orn and subscribed before me this Ittb. day Of February ,4.1P 2000 1'ICtt „ d-5 . Pryhonnlary & Clork of courts Vgilligr, ,ro:t, Lytu:air,0 fnunty Al/L•?iT^dL :'J)' _=GR .._! G??^ Sheriff o YC t9 n County, PA BY: COSTS Dona L. torhick, Jr.,Deputy SERVICE S18.00 IMILEAGE 5.00 AFFIDAVIT 2.50 $25.50 DEPOSIT: $75.00 REFUND: $49.50 PAID. 2/8/00. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW PNC BANK, NATIONAL ASSOCIATION, Plaintiff No. V9. PEGGY L. LUKASHUNAS, Defendant IN MORTGAGE FORECLOSURE NOTICE TO DEFEND TO THE ABOVE-NAMED DEFENDANT: You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this pleading and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the pleading or for any other claim or relief requested by our client. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE PA 17013 (717) 249 3166 or 1 800 990 9108 DELAFIELD, McGEE, JONES & KAUFFMAN TRUE WO-Y FROM RECORD B Is T13Sl ifMili( tt'irS?°Oi, I !1$:;3 u-Im ft i IT'. l;rw; Y 7dele Kauffman, Esq. Bt lYtr i' v0`' 3tCIls ^3. rney for Plaintiff 1 -7 _ rney I.D. No. 50692 L 300 S. Allen Street, Suite 300 State College, PA 16801 _?? (814) 237-6278 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW PNC BANK, NATIONAL ASSOCIATION, Plaintiff VS. PEGGY L. LUKASHUNAS, Defendant No. IN MORTGAGE FORECLOSURE COMPLAINT IN MORTGAGE FORECLOSURE 1. The Plaintiff-Mortgagee, PNC Bank, National Association, is a corporation organized under the laws of the United States of America, having an office and place of business at 1631 South Atherton Street, State College, Centre County, Pennsylvania. 2. The Defendant-Mortgagor is Peggy L. Lukashunas, whose last known address was 12 Bourbon Red Drive, Mechanicsburg, Pennsylvania (17055). 3. At all times material to the Plaintiff's cause of action, the Defendant has been the owner of a tract of land and the building thereon erected, herein called "land", located in the Township of Silver Spring, County of Cumberland and Commonwealth of Pennsylvania. 4. The land which is the subject of this action is described as follows: ALL that certain piece or parcel of land situate in the Township of Silver Spring, County of Cumberland, and Commonwealth of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the eastern right-of-way line of Bourbon Red Drive at the dividing line between lots 33 and 34 on the hereinafter mentioned plan of lots; thence along the eastern right-of-way line of Bourbon Red Drive, North 160 40' 00" west, a distance of 80.00 feet to a point; thence along the dividing line between lots 34 and 35 on the hereinafter mentioned plan of lots, North 730 20' 00" East, a distance of 160.00 feet to a point; thence along lands now or formerly of Charles R. Hess South 160 40' 00" East, a distance of 80.00 feet to a point; thence along the dividing line between lots 34 and 33 on the hereinafter mentioned plan of lots, South 730 20' 00" West, a distance of 160.00 feet to a point, the place of beginning. CONTAINING and being all of Lot #34 as shown on a certain subdivision plan of lots entitled "Konhaus Estates (Section #1) as recorded in the office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 54, Page 112. BEING the same premises which Michael T. Lukashunas and Peggy L. Lukashunas, husband and wife, by their deed dated April 6, 1993, and recorded in Cumberland County Deed Book Q, Volume 36, Page 120, granted and conveyed unto Peggy L. Lukashunas. 5. On or about April 24, 1995, in consideration of the loan of $20,172.10, made by Plaintiff to the Defendant, the Defendant executed and delivered to Plaintiff a Direct Installment Loan Note secured by a Mortgage on the land obligating Defendant to pay Plaintiff $20,172.10 with payment of $264.50 to be made monthly until this loan, additional advances, interest and other charges covenanted were paid in full, with interest as provided therein. The Mortgage is recorded in Cumberland County Mortgage Book 1260 at page 1186. A copy of this Mortgage is set forth as Exhibit "A" 6. The Defendant is in default with respect to the said Mortgage because of her failure to make the payments due for the months of May, June, July, August, September and October, 1999. 7. Under the terms of the Note set forth as Exhibit "B", Defendant is obligated to Plaintiff as follows: Unpaid Principal Balance Interest through November 1, 1999 Insurance Late Charge Real Debt with costs to be added. $16,228.52 537.54 (701.18) 56.42 $16,121.30 8. The Defendant is the present owner of the land. 9. Plaintiff has complied with the requirements of Act No. 6 of January 30, 1974, by forwarding a notice of intention to foreclose to Defendant on August 12, 1999, a copy of which is attached hereto as Exhibit "C" lo. Plaintiff has complied with the requirements of Act 91 of 1984 by forwarding the notice attached hereto as Exhibit "D" and Defendant has been denied Homeowners Emergency Mortgage } ? I II Assistance by the Pennsylvania Housing Finance Agency. WHEREFORE, Plaintiff requests the Court to enter judgment of mortgage foreclosure against the mortgaged property for the amount set forth above, together with interest thereon, all other amounts advanced by Plaintiff and costs of suit. DELAFIELD, MCGEE, JONES & KAUFFMAN By Rosade Kauffman, Esq. Atto ey for Plaintiff Attorney I.D. No. 50692 300 S. Allen St., Suite 300 State College, PA 16801 (814) 237-6278 Dated: it S/yI 9 14 ? % (Closed-End) TH)S MORTGAGE is made on Apr. 2,119 95he Mortgagor is PEGGY L LUKASHUNAS -' J,on If there is more than one, the word "Mortgagor' herein refers to each and all of them. The Mortgagee is PNC Bank, National Associat * The word "Borrower" means PEGGY L LUKASHUNAS I (0_I If there is more than one, the word "Borrower" herein refers to each and all of them. l.ly .. ?? Borrower owes Mortgagee the sum of Twenty Thousand One Hundred Seventy Two And 10/100 Dollars (U.S. $ 20, 172. 1Q, This debt is evidenced by Borrowers written obligation (referred to herein as the "Note"), dated Apr. 21, 1995 This Mortgage secures to Mortgagee: (a) the repayment of the debt evidenced by the Note, with interest and other charges as provided therein; (b) the payment of all other sums, with interest thereon, advanced hereunder for the payment of taxes, assessments, maintenance charges, insurance premiums and costs incurred to protect the security of this Mortgage; (c) the payment of all of Mortgagee's costs of collection, including, costs of suit and, if permitted bylaw. reasonable attorneys' fees and expenses, if suit is filed or other action is taken to collect the sums owing or to protect the security of this Mortgage; (d) payment of any refinancing, substitution, extension, modification, and/or renewal of any of said indebtedness, interest, charges, costs and expenses; and (e) the performance of Mortgagor's and/or Borrowers covenants and agreements under this Mortgage and the Note; (1) the repayment of the debt evidenced by any note or agreement which was refinanced by the Note, to the extent that such debt is owed to Mortgagee and has not been paid. For this purpose. Mortgagor does hereby mortgage, grant and convey to Mortgagee the following described property, together with all improvements now or hereafter erected, and all easements, rights and appurtenances thereon, located at and known as: 12 BOURBON RED DR, MECHANICSBURG, PA 17055 CUMBERLAND SILVER SPRING TOWNSIIIP Recording Date of Original Deed Nov. 9, 1993 Deed Book Number Q-36 Page Number 120 Tax Parcel No. 10-20-1848-209 The word "Property" herein shall mean all of the foregoing mortgaged property. To have and to hold the Property unto the Mortgagee, its successors and assigns, forever. Provided, however, that if Mortgagor and/or Borrower shall pay to Mortgagee the said debt, interest, and all other sums, and perform all covenants and agreements secured hereby, then this Mortgage and the estate conveyed by it shall terminate and become void. Warranty of Title. Mortgagor warrants and represents to Mortgagee that: (a) Mortgagor is the sole ownerof the Property, and has the right to mortgage and conveylhe Property; (b) the Property is unencumbered except for encumbrances now recorded; and (c) Mongagorwill defend the title tothe Propertyagainst all claims and demands except encumbrances now recorded. Covenants. Mortgagor promises and agrees as follows: 1. Mortgagor will maintain the Property in good order and repair. 2. Mortgagor will comply with all laws respecting the ownership and/or use of the Property. 3. If the Property is part of a condominium or planned unit development, Mortgagorwill complywith all by-laws, regulations and restrictions of record. 4. Mortgagor will pay and/or perform all obligations under any mortgage, lien, or security agreement which has priority over this Mortgage. 5. Mortgagorwill pay or cause to be paid all taxes and other charges assessed or levied on the Propertywhen due and, upon Bank's request, will deliver to Bank receipts showing the payment of such charges. 6. Mortgagor will pay for and maintain insurance coverage against loss of or damage to the Property in such form and amount as Mortgagee may reasonably require, until the Note is paid and the Mortgage is satisfied. Mortgagee shall be named as additional insured and loss.payee/mortgagee under a standard m tgagee clause included in such policies. Mortgagor shall deliver to Mortgagee a copy of the insurance policy, renewals, and evidence of payment upon Mortgagee's request. Mortgagor gives Mortgagee the right to sign Mortgagors name on any check or draft from an insurance company. This is limited to a check or draft in payment of returned premiums or benefits under insurance covering the Property. This means that Mortgagor appoints Mortgagee as attorney-in-fact for Mortgagor with full power to endorse checks or drafts under this section. 7. If Mortgagor fails to perform any duty or obligation required by these covenants, Mortgagee may, at its sole option, advance such sums as it deems necessary to protect the Property and/or its rights in the Property and under this Mortgage. Mortgagor agrees to repay Mortgagee such amounts, with interest thereon, upon demand, and agrees that such amounts shall be added to the amounts secured by this Mortgage and due under the Note. 8. Any interest payable to Mortgagee after a judgment is entered or on additional sums advanced shall be at the rate provided for in the Note. 9. Mortgagee may make reasonable entries upon and inspections of the Property after giving Mortgagor prior notice of any such inspection. 10. Mortgagor will not sell, lease, transfer ownership in, or enter into an installment sale contract for the sale of all or any part of the Property. 11. The promises, agreements and rights in this Mortgage shall be binding upon and benefit anyone to whom the Property or this Mortgage is transferred. If more than one Mortgagor signs this Mortgage, each and all of them are bound individually and together. Escrows. If requested by Mortgagee. Mortgagorwill pay to Mortgagee each month an amount equal to 1/12 of the yearly taxes and assessments (including condominium and ground unit assessments, if any) which maybe given priority over this Mortgage plus, 1/12 of the yearly premium for property insurance on the Property. Mortgagor shall not have to make these payments to Mortgagee to the extent that Mortgagor makes them to the holder of a prior mortgage. Default. Mortgagor will be in default under this Mortgage: (a) If there is a default under the Note; (b) if Mortgagor breaks any promise made in this Mortgage; (c) if any Mortgagor dies; (d) if anyolher creditor tries to take the Property by legal process; (e) if any Mortgagor files bankruptcyor if anyone files an involuntary bankruptcy against any Mortgagor; (0 if any tax lien or levy Is filed or made against any Mertgagoror the Property; (g) if any Mortgagor has made any false statement in this Mortgage; or (h) if the Property is destroyed, or seized or condemned by federal, stale or local government. Mortgagee's Remedies. Unless prohibited by law, if Mortgagor is in default under this Mortgage, Mortgagee may, at its option, after notice required by law, declare due and payable the entire unpaid balance of the sums which are secured by this Mortgage and owing upon the Agreement If Mortgagee so declares such entire balance due and payable, Mortgagee may lake possession of the property, collect any and all rents, apply said rents to the indebtedness secured by this Mortgage, foreclose the Mortgage, or take other action upon the Mortgage as permitted cr provided by law to collect the balance owing. If a mortgage foreclosure action or any other action on this Mortgage is riled by Mortgagee, and/or if Mortgagee takes any action to protect or enforce its interest in any court, including Bankruptcy Court, Mortgagor agrees to pay to Mortgagee all expenses and costs of such action, including, if permitted by law, reasonable attorneys' fees. Remedies Cumulative. If any circumstance exists which would permit Mortgagee to accelerate the balance, Mortgagee may lake such action at any time during which such circumstances continues to exist. Mortgagee's remedies under this Mortgage shall be cumulative and not alternative. Delay in Enforcement. Mortgagee can delay in enforcing any of its rights under this Mortgage or the Agreement without losing that right. Any waiver by Mortgagee of any provision of this Mortgage or the Agreement will not be a waiver of the same or any other provision on any other occasion. Assignment. Mortgagee may sell, transfer or assign this Mortgage without Mortgagors' consent. Severability. If any provision of this Mortgage is held to be invalid or unenforceable, such determination shall not affect thevalidity or enforceabilityof the remaining provisions of this Mortgage. WITNESS th gni oft ' rtgage on the date set forth above, intending to be legally id. Witness Mortgag Q lv EXHIBIT "A" ,.,..__._ Mndoapm 'COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF CUMBERIJM ) ACKNOWLEDGMENT On this 21st day of APRIL ,19 95 , before me, KAREN R SCHAEFER the undersigned officer (who certifies that he/she is not an officer or director of PNC BANK. NA personally appeared ?"' (or satisfactorily proven) to for the purpo;es therein cc In Wttn'ea wheimfa Xl whose name(s) is (are) wn to me the same set my hand and official seal. NLHanal Seal gnature Karen R Schaefer Nolay R she NevCurrtrxlanlDoro.Cumber4vdCounry NOTARY PUBLIC MY Commission Expres Ju-e 22.19?6 Ile Manor, Ponnsytvanra AssocaWn or Nomnes AFFIDAVIT OF SUBSCRIBING WITNESS IJNj fuse if Mortgagor(s) acknowledged the Mortgage. Affidavit must be taken in coup where Property is located. Belore me, a notarypublic (who certifies that he/she is not an officer or director of personally appeared , the subscribing witness to the within Mortgage, who being duly sworn according to law, depose and says that he/she was personally present at the execution of said Mortgage, saw the within named Mortgagor(s) and sign as his/her/their act and deed, and deliver said Mortgage for the purposes therein set forth; and that the name of this deponent affixed thereto as subscribing witness is of deponent's own proper handwriting. Subscribing Witness Sworn to and subscribed before me this day of Notary Public CERTIFICATE OF RESIDENCE KAREN R SCHAEFER , do hereby certify that Mortgagee's precise residence is PNC CONSUMER LENDING 2730 LIBERTY AVE PITTSBURGH PA 15222 gent fur Mortgagee COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF A k/` (? ? ???y\ IQAJ )SS: RECOR EDonthis 2R Y\ dayof t ' a?u ,19? 5, in the Office of the Recorderof Deeds in and for said County, in Mortgage Book Volume ?, page. f5{p WITNES hand and lh?`seal of said office the day and year aforesaid. /51 • ? Recorder nnn ••r." 3 m 0 q yyH N O (A mry? 0 N L, -2 X U, rq U 0 N H m N z 6) 0 ro K r ?O c' 0 N 8 m n V(D ca L1 r= . :- A Rr O Gr T r `i5 ?. O y m p Zl 'L) 1R CJ O N o m I-A zm? o cz cn G v L Z c Uf" D ffiCj INSTILLMENT LOAN TRUTH-IN-LENDING DISCLOSURES ,5.5 9//G PNC Bank, Nationa ssoc ation Date: Apr. 21, 1995 Lendei: OLNACS Number 3933992 t f P Itemization of Amdunt Fin anced ANNUAL FINANCE FINANCE Amount Financed aymen s Total o Amount Financed CHARGE The dollar amount the The amount of credit provided to the Borrower or The amount the Borrower will have paid after Borrower has made all s see Settlegent Statevent M 's credit will cost the on the Borrower's behalf. payments as scheduled. (1) Amount given directly to Borrower e. Borrower. $ Bee Settlegent Statevent $ 11567.90 $ 20172.10 $ 31740.00 (2) Amount paid on Borrower's account S The Borrower's Payment Schedule will be: a means an estimate (3) Amount retained by Lender for s Number of Pa men1 Amount of Pa menu When Payments Are Due O , Monthly bevinniny S (4) Amount paid to olhers on Borrower's behalf Security: Lender is gelling a security interest in deposits or property x and: Late Charge: [ ] Not Applicable. [ •? If a payment is not held by Lender (a) to public officials S See Settlegent Statevent , [ ] None. [ ] Goods or property being purchased. madewithin l5daysol itsdue date, Borrower may be charged the lesser of $10.00 or 5% of the total amount of the payment which (b) for credit insurance See Settlegent Statevent [ X] Real Estate [ ] id i f ll t $ . n u . was no pa Prepayment: II Borrower pays off early, Borrower will not have to (c) to pay a penalty. S In addition, collateral (other than Borrower's principal residence) Required Deposit Balance: [ X] Not Applicable. [ ] The e Rate does not take into account your required Annual Percenta (d) to $ g also secure this Nale s to Lender ma bli tio i th . y ga n ng o er o secur deposit balance. Security Interest Charges: Assumption: If this loan is secured by a dwelling, someone ] Filin Fees $ the remainder of the loan [ X] N [ lli t i d h (e) to $ g one _ ng canno assume purchas we ng t at Variable Rate: [ X] Not Applicable. on the original terms. l0 to increase it the Prime Rate published in The Wall Streellournalincreases. Therate will notincrease e Rate ma l Percenta A u [ ] Th $ y g nn a e more often than once a month. The rate will not increase more than one percentage point in anyone month and will not increase more than (g)to five percentage points during the term of the loan. The rate will neverincrease beyond 18%.Any increase in the rate as a result of an increase $ in the index may cause the number of payments to increase, and/or. [ ] the amount of the final payment to change. The final payment will never be increased to more than 150% of the regular (h) to payment. For example, if your loan were rot $10,000.00 at an initial rate of 1315%, repayable in 48 monthly payments of $270.76, and the S taleincreasedtol4'h%after 12payments, increased tol5'h%afterthenext 12payments, andlhenremained thesame fortheterm ofthe (1) to loan, you would be required to pay one additional payment of $254.88. The amounlof the payments may increase every four years. The final payment will ments to change [ ] the amount of the a $ . p y % , never be increased to more than 150% of the regular payment. For example, it your loan were for $10,000.00 at an initial rate of 134 Prepaid Finance Charge and the rate increased to 141h% after 12 payments, increased to 15'h% after the next 12 repayable in 72 monthly payments of $203.39 , 12 far the 49th through the ld in rease to $227 t t $ . amoun wou c payments, and then remained the same for the term of the loan, the paymen id b B 72nd payments. orrower y Itemization of Amounts pa ation in the automatic payment plan is discontinued for any reason, the Automatic Payment Plan Discount of artici 's [ ] II B at the time the loan is made: p orrower p percentage points will terminate and may cause the rate to increase. Any increase in the rate will cause the amount or the (1) See Settlegent Statevent payments to increase. For example, it your loan were lot $10,000.00 at an initial rate of 13'6%, repayable in 48 monthly payments of $ $270.76, and lhe0iscountterminated after 12 payments, the payment amountwould increaselo$ for the remainder of (2) the term of the Note. $ See your contract documents for any additional information about nonpayment, default. any required payment in loll before the scheduled (3) dale and prepayment refunds and penalties. $ CREDIT I NSURANCE IS NOT REQUIRED: Credit Life Insurance and Credil Disability Insuran pay the additional cost(s). Insurance may be purchased an the life of one or two Borrowers. cost of the insurance for the original term of the credit is stated below. "Borrowe)v-)ho 1 I want Single Credit Life Insurance which costs $ 948.10 I want Single Credit Disability Insurance which costs $ 1224.00 We want Joint Credit Life Insurance which costs S Signatures obtain credit, and will not be provided unless Borrowers sign below and agree to ante may be purchased an only one Borrower. it obtained through Lender the a Ca-Maker. Life Insurance to he insured for Single Credit Disability Insurance to be insured for Joint Borrower does not desire or is not eligible for credit insurance: Slgnalure of Borrower Notice to Borrower(s): The maximum amount of coverage which insured Borrower(s) will receive is set forth in the certificate or policy, as applicable.. Lender's Single Interest Insurance: [X ] Notapplicable. [ ] Lender's Single Interest insurance is required as a condition of this credit. Borrower can obtain the insurance from anyone acceptable to lender. II obtained [ram Lender, the cost will be $ DIRECT INSTALLMENT LOAN NOTE DEFINITIONS: In this Note, the word "Borrower" means each and all o[ those who sign below and each and all of those who endorse the check which disburses The proceeds of this loan. The word "Lender" means PNC Bank, National Association n..n,. nn..nn 1-6- rhk"M. M. hnnn 0-I...M CVUTDTT 111311 LATE CHARGE: [ ] Not Applicable. [ X] Borrower agrees that Lender may assess a late charge for any payment not paid in lull within 15 days of its due date. The late charge will be the lesser of $10.00 or 5% at the total amount of the payment which was not paid in full. Notate charge will be due, however, if the reason that the payment is late is either: (a) attributable to a late charge assessed on a prior payment; or (b) because, after delault by Borrower, the entire nnfcfandinp halance on This Note is due. No more than one late charge will be imposed lot any •SEe Your Contract documents for any addition al later matron about non payment, delau it, any required payment in lull before the scheduled I S) dale and menavment refunds and penalties. CREDIT INSURANCE IS NOT REQUI RED: Credit Lile Insurance aril Credit Disability Insurance are not pay the additional costls). Inswance may be purchased on the Ideal one ar two Borrowers. Credit Di: cost at the insurance for the original term of the credit is stated below. "Borrowe?S•ho is ins `ed I want Single Credit Life Insurance which costs $ 948.10 I want Single Credit Disability Insurance which costs $ 1224.00 We want Joint Credit Life insurance which costs $ If to obtain credit, and will not be provided unless Borrowers sign below and agree to insurance may be purchased on only one Barrower. 11 obtained through lender the I be a Cc Maber. Insurance to be insured for Single Credit Disability Insurance Signatures of Persons to be insured for Joint Credit Life Insurance Borrower does not desire or is not eligible for credit insurance: Signature of Borrower Notice to Borrowerls): The maximum amount of coverage which insured Borrowerfs) will receive is set forth in the certificate or policy, as applicable.. Lender's Sing It Interest Insurance: [X ] Nolapplicable. [ ] acceptable to Lender. If obtained from Lender, the cost will be $ DIRECT INSTALLMENT LOAN NOTE DEFINITIONS: In this Note, the word "Borrower" means each and allof those who sign below and each and all of those wha endorse the check which disburses the proceeds of this loan. The word "Lender" means PNC Bank, National Association or any person to whom this Note has been transferred. BORROWER'S PROMISE TO PAY: To repay this loan, Borrower promises to pay to Lender S 20172.10 , with interest on the unpaid balance from the date funds are advanced until paid in full. Interest shall be paid at the rate per annum of 9.750 %• Borrower promises to make payments in accordance with the payment schedule staled in this Note. Borrower promises to pay to Lender all other amannls which may become due under the terms of this Note, including, if applicable, Late Charges and Costs of Collection. Borrower agrees to make payments at the place designated by Lender. Borrower may also be required to pay to Lender certain other charges before Lender will give any money to Borrower. These charges, if any, are staled above in "Itemization of Amounts paid by Borrower at the time the loan is made" and/or in the Settlement Statement. PAYMENT SCHEDULE: Borrower agrees to pay to Lender the amounts due under this Note: F ] in uninterrupted monthly payments: 119 payments of S 264.50 and a final payment, which will be billed by lender, of all remaining unpaid amounts. Payments will be due on the same day of each month starting on Jun. 5 , 1995• Payments will continue until all amounts due are paid. [ ] in uninterrupted monthly payments, exceplfor the monlhsshown: payments of $ and a final payment, which will be billed by the Lender, of all remaining unpaid amounts. Payments will be due on the same day of each month starling on , PROVIDED, HOWEVER, that no payments shall be due during the months of ' or each year. [ ] in a single payment of S plusaccrued interest and allother amounts due on [ ] In addition, prior to the month of the first scheduled payment as stated above, interest shall be payable monthly on the unpaid balance and shall be due on the same day of the month as the later payments. The date that the final payment is scheduled in this paragraph lobe due is called the"Maturity Dale" at this Note. VARIABLE RATE: [x ] Not Applicable. [ ] The inturest rate on this Note may change based on changes in the Interest Rate Index. See the "Changes In Interest Rate" section on the reverse side of this Note. any AUTOMATIC PAYMENT PLAN: [X ] Not Applicable. [ ] Borrower authorizes Lender to deduct the payments on this loan from Borrower's deposit account number Borrower Date on each scheduled payment due date. The interest rate on this loan may increase by percentage pants ("Automatic Payment Plan Discounl'lit participa- tian in the automatic payment plan is discontinued for any reason, including (a) if any Borrower chooses to terminate participation; (b) the deposit account identified above is closed; or (c) if there are not sufficient funds in the account to make the full monthly payment on three payment dates. APR 2 7 1995 NOTICE: SEE REVERSESIDE FOR IMPORTANT INFORMATION Lender's Single Interest Insurance is required as a condition of this credit. Borrower can obtain the insurance from anyone LATE CHARGE: [ ] Not Applicable. [ X] Borrower agrees that Lender may assess a late charge for any payment not paid in full within 15 days of its due dale. The late charge will be the lesser o1510.00 or 5% of the total amount of the payment which was not paid in full. No late charge will be due, however, if the reason that the payment is late is either: (a) attributable to a late charge assessed on a prier payment; or (b) because, after default by Borrower, the entire outstanding balance on this Note is due. No more than one late charge will be imposed for any single scheduled payment. MONTHLY PAYMENT CHANGES: [ X ] Thepayment amounts will not changeover thelermol the loan except as stated in the "Payment Schedule." [ ] The payment amounts may increase it Bar rower terminates participation in the automatic payment plan. Lender will determine the amount of equal monthly payments that would be sufficient to repay in lull, by the Maturity Date, the unpaid principal balance Hat is expected to be due on the payment change date, at the interest rate in effect at the time the calculation is being made. Lender will polity Borrower of the new amount of the payment which is due. [ ] Changes in the interest rate may cause the number of payments and/or the amount of the final payment to change.One month before the Maturity Dale, if necessary, the number of payments due will increase so that the final payment will not be more than 150% of the previous scheduled monthly payment. after the due an CO-MAKERS-SEE NOTICE TO CO-SIGNER ON THE REVERSE SIDE: Any Borrower who is other Borrowers for the payment designated of this loan and r peagrees to rformance be of equally all promises inrthis !ute. o-Maker Dale Co•lAaker Date on r of the new amount of the payment wnicn is due. one mania umure um it necessary, the number of payments due will increase so that the final A be more than 150% of the previous scheduled monthly payment. fTIES: II there is more than one Borrower, each agrees to be responsible to lually and together, for payment in full of this loan. Borrowers agree that or part of the proceeds of this Note to any Borrower or to anyone else at the y Borrower will be the equivalent of payment to each Borrower and for the PA ADDITIONAL PROVISIONS CHANGES III M T E R EST RATE: 11 the interest rate on this Note can change cased an changes in the interest Pate index ("Index"), the rate will be determine(] by adding a "Margin" to the Index. The Index may change from time to time, the Margin will remain the same lol the term of the loan. Tne interest rate staled in Borrower's"Promse to Pay" is the "Base Rale"The Base Rate was computed by adding the Margin to the Original Index, and then, if Borrower is participating in the automatic payment plan, suotfacting the amount of the Automatic Payment Plan Discount. Interest rate adjustments are computed by adding the Margin to the current IndeA at the time of the adjustment (subject to the limitations described below) and then, it Borrower m participating in the automatic payment plan, subtractingthe amount of the Automatic Payment Plan Discount. The interest rate on this loan may be adjusted monthly, on the first calendar day of each calendar month, beginning in the month after the funds are advanced. Tne Index is the highest Prime Rate published in the "Money Rales" section of The Wall Street Journal for the last day of the preceding calendar month which is reported. If the Index, or the information on which it is based, shall cease to be available. Lender shall select a new Index •wh¢h, in Lender's sole opinion, upon a reasonable basis, is comparable to the Index. The annual interest rate will not increase at decrease more than one percentage point in any one caiendar month, and will not increase or decrease more than five percentage points during the term at t`ie loan, due to changes in the Index. (A change caused by termination of Borrowei s partjcpation in theaulamatic payment plan is not subject to the limitations set forth in the previous sentence) The annual interest late will not exceed LB%. COMPUTING INTEREST: Interest is charged on a dally basis, according to the outstanding balance subject to interest on each day of the loan term. The daily interest rate is equal to the annual interest rate in eftecl on that day divided by the number of days in that calendar year. Borrower agrees that because interest is calculated on a daily basis. late payments will resuit in additional interest (and, if applicable. a late charge); early payments will result In less interest being charged. II the interest rate on this Note will not change because of changes in the Index (see the "Variable Rate'; section), early and/or late payments will cause the amount of the final payment to change. It he interest rate on this Note can change because of changes in the Index (see the "Variable Rate" section), early and/or late payments Will cause the number of payments due, the amount olthe payments (if the amount of the payments is subject to change every 48 months) and/or the amount of the final payment to change. APPLICATION OF PAYMENTS: Lender will apply payments in the following order of priority: interest, late charges, tees, and then principal. WAIVER BY LENDER: It Borrower has made or makes in the future another loan agreement with Lender, Lender mighloblain a security interest in the principal dwel!ingof Borrower or someone else to secure that other loan agreement. That Security Agreement may provide that the principal dwelling secures not only that other loan agreement but also all other loan agreements of Borrower with Lender. Lender waives (gives up) any right to claim a security interest in the principal dwelling of any person Insecure this Note unless the security interest is specifically given to secure this Note. INTEREST AFTER MATURITY AND JUDGMENT: Unless prohibited by applicable law. interest at the rate provided in this dote shall continue to accrue an the unpaid balance until paid in full, even alter (whether by acceleration or otherwise) malurily and/or if judgment is entered against Borrower for the amounts due. It al any lime interest as provided far in Ibis paragraph is not permitted by law, intefeslshall, in that event and at that lime, accrue al the highest rate allowed by applicable law.ll the interest rate on this Nole may change, the interest rate which will apply beginning on the dale a lawsuit is filed by Lender shall be the interest rate in effect on that date or the interest rate stated in the "Borrower's Promise to Pay," whichever is less. DEFAULT: (As used in this paragraph, the term "Borrowet" includes Borrowers, Co-Makers, Guarantors, sureties, and any owner of property which is security for this dote.) Borrower will be in default: (a) it Borrower does not make any payment before or on the date it is due: or (b) it Borrower delaults on any other note. loan or agreement with Lender; or (c) Haryana who signs the Security Agreement or a Mortgage securing this Note breaks any promise made in the Security Agreement or Mortgage; including but not limited to the promise not to sell, give away or transfer title to the property -which is the subject of the mortgage, or (d) if any properly in which Lender has obtained a security interest to secure this Note is lost, stolen (and not recovered within a reasonable Hme) of destroyed; or (e) if Borrower has made any untrue statement or misrepresentation in the credit application or any other certificate or document given or made for this loan; or . (1) upon the death of Borrower or any one of them, it there is more than one; or (g) it Borrower provides Lender with false inlarmation or forged signatures at any time, or (h) upon a judicial determination that Borrower, or any one of them, is incompetent: df (t) it Lender in good laith believes that the prospect of Borrower's paying this Note is impaired. It Borrower is in default, the entire outstanding balance on this Note shall be immediately due.. at the option of the Lender. This will happen without any prior notice to 31ntarver. or right to cure, except as may be required by law. Borrower will also be in default: (1) it Borrower becomes insolvent and/or cannot pay Borrower's debts as they become due; or (k) if any other creditor tries by legal process to We any money or properly of Borrower in the Lender's possession; or (1) it Buttoner files a bankruptcy petition or it anyone files an involuntary bankruptcy against [follower; or (m) it Borrower makes an assignment for the benefit of creditors, or any insolvency, reorganization, arrangement, debt adjustment, receivership, trusteeship, liquidation or other legal or equitable proceedings are instituted by or agalnsl BOrrawe[ or . fn) if any :udgment, tax lien, municipal charge or lax levy is filed or writ of execution is issued against Bdrrowef. GENERAL WAIVER PROVISIONS: Borrower waives presentment for payment, demand protes4 notice at protest, dishonor and all other notices or demands in connection ndh t 7.i delivery, acceptapce, performance, default or enforcement of this Note. Borrower lurmer waives any right to require due diligence in collection by Lender. DELAY IN ENFORCEMENT: lender can delay enforcing any rights under this Note without losing any rights. Lender's failure to enforce any right under this Note shall not act as a waiver of that right or preclude the exercise of that right in the event of a future occurrence of the same event. Lender can also extend the time allowed for making payments, and suer extension shall not affect the abligalions of any Borrower, whether or not that Borrower is given notice of the extension. RELEASE OF SOME BORROWERS OR SOME SECURITY: It there is more than one Borrower. each agrees to remain bound by this dole, although Lender may release any other Borrower at release or substitute any properly which is security for the repayment of this Nole. SECURITY INTEREST CHARGES: Borrower agrees to pay any recording, filing, satisfaction acct encumbrance fees •xhich may be charged. The charges are to repay lender for the fees paid la public officials to protect, continue, or release any security interest given in the -------- Agreement or Mortgage. PROPERTY INSURANCE: if property insurance and/or(loadinsuranceisrequiredunderGits Note, a hlorigage, or a Security Agreement, Borrower may obtain property and/or Ceod insurance from anyone that is acceptable to Lender. II flood insurance is required, you have been separately notified. PREPAYMENT: Borrower may repay, in full or in part, the amount owed on this hole at any time without penally. II Borrower prepays the loan in part, Burrower agrees to conlmue to make regularly scheduled payments until all amounts due under this Note are paid. IF LENDER OBTAINS SECURITY INTEREST TO SECURE BORROWER'S PAYMENT OF THIS NOTE, BORROWER MAKES THE FOLLOWING ADDITIONALPROMISESTO LENDER: (a) to pay all taxes due on the collateral. It Borrower does not pay the taxes, Lender has the option to pay the taxes. Upon demand, Borrower promises promptly to repay to Lender any amounts paid to, Lender for taxes; (b) if Lender gets a security interest in stock of securities, the value of the collateral may become insufficient to protect Lender. If that happens, Borrower agrees la deliver to Lender additional collateral which Lender believes will be enough to protect tender: (c) to allow Lender the right tainspect the collateral at any reasonable time, and to maintain the collateral in good condition and repair, reasonable wear and tear excepted; (d) to keep the collateral lolly insured against lass or damage, as provided in the Security Agreement and/cr Mortgage. If Borrower does not keep the collateral insured, Lender has the option o! purchasing insurance. Upon demand, Borrower promises promptly to repay Lender the cost c•1 insurance purchased by Lender, and Borrower agrees that interest shall be payable to Lendar on such amounts until paid, at the rate provided for in this Note or as provided by law; and (e) i! amounts are advanced by Lender under this section for taxes and/or insurance, Lender may. al its option, add the amounts so advanced to the outstanding balance and require repayment with interest by increasing the installment payments so that the outstanding principal balance is repaid in full in substantially equal installments on the due dates stated in the payment schedule. LENDER MAY SIGN BORROWER'S NAME TO INSURANCE CHECKS: Borrower gives Lender the fight to sign Borrower's name on any Check or draft from an insurance company. This is limited 10 3 check or draft in payment of returned premiums or benefits under credit life insurance or edit disability insurance, insurance covering property which is security for Ibis loaner f loco insurance. This means that Borrower appoints Lender as attorney in•facl for Borrower with the lull power to endorse checks or dialls. COSTS OF COLLECTION: If Borrower is in default under this Note and Lender files sud.or la'res other action to collect this loan or protect any collateral, Borrower agrees to pay costs at cult and, if permitted by law, reasonable attorneys' fees and expenses. SECURITY INTEREST IN DEPOSITS: The Lender may set-off any amounts due and unpa,G under this loan against any of Borrower's money on deposit with Lender. This includes any money which is now or may in the luture be deposited with Lender by Borrower of Willi any co-depositdr, including your spouse. This also includes any property, credits, securities. er money of the Borrower, which may at any time be delivered to or in the possession of the lender. This may be done without any prior notice to Borrower. REFINANCES: 11 the purpose of this transaction is to refinance an existing loan between Borrower and Lender and to lend Borrower additional funds. and it Lender is obtaining as security interest in a principal dwelling. Borrower may have the right to cancel the transaction, in pad. It Borrower exercises the right, the part of The transaction that Borrower does no; cancel Will nevertheless be repayable according to the terms of this date, but wuh the amount of the payments adjusted as necessary. ASSIGNM ENT: You may not assign or otherwise transler your rights under this Note to anyore Mortgage given to secure this Note. and assign Borro er'srghlsand obligations under this Aote M, continue unchanged. HEIRS AND PERSONAL REPRESENTATIVES BOUND: The provisions of 1hls dote Shah 'e .. - ........ ....._A ..e, .l .o?roaontauur•s of :he 3rutowet. (hl d Borrower oeiaut: art any other ncte, too:: ar dglt'enlonI wall Lender: of (C) II anyone vrtlo signs tee Security Agreemern or a Moil gage securing I1113 Note broakS any promise made in Inc Security Agreement or Idortgage: mdwhng but not muuted Iii promise not to sell, giveaway or I ransfet title to the property which is [lies ubject of the madgage, o} (d) it any properly in which Lender has obtained a security interest to secure IIlls Note is lost, stolen )and not recovered wdtun a reasonable time) of destroyed; or (e) if Borrower has made any untrue statement or misrepresentation in Ilse credit application or any other certificate or document given of made lot this loan: or (0 upon the death of Borrower or any one of them, it there is more than one; or (III it Borrower provides Lender with raise information or forged signatures at any time, or (h) upon a judicial determination that Borrower, or any one of them, is incompetent; or (i) it Lender in good faith believes that the prospect of Borrower's paying this Note is impaired. II Borrower is in default, the entire outstanding balance on this Nole shall be immediaely due, at the option of the tender. Tins will happen without any prior notice to Borrower, or right to cure, except as may be required by law. Borrower will also be in default: (j) if Borrower becomes insolvent and/or cannot pay Borrower's debts as they become due: or (k) if any other creditor tries by legal process to take any money or property of Borrower in the Lender's possession: or (N if Borrower files a bankruptcy petition or it anyone files an involuntary bankruptcy against Borrower; or (m) if Borrower makes an assignment for the benefit of creditors. or any insolvency, reorganization, arrangement, debt adjustment. receivership, trusteeship, liquidation or other legal or equitable proceedings are instituted by or against Bornmer, or (n) it any judgment, tax lien, municipal charge or tax levy is filed or will of execution is issued against Borrower. It any event described in (I), (k), (I), (m) or (n) happens, the entire outstanding balance on this thole shall be immediately due without any prior .dice to Boariwer, or rignt to cure, except as may be required by law. A default by Borrower on this Note is a default on every other note, loan or agreement of Borrower with Lender. oIt ali duatldny naurdnrr, m:.umnce eovenng hropeny whlcu is ;tct ut r for lies loan or Her imilonce. Iles means that BmrOwe'f a ppo nts lender as attorney ul-fact tar Bnrrowet with 1: lull power to endorse checks or dralls. COSTS OF COLLECTION: II Borrower is in default under this Note and tender files suit. or laks other action to collect this loan or project any collateral. Borrower agrees to pay costs of su arid, it permitted bylaw, reasonable attorneys' lees and expenses. SECURITY INTEREST IN DEPOSITS: The Lender may set all any amounts due and unpat under this loan against any of Borrower's money our deposit with Lender. This includes an money which is nor or may in the future be deposited with Lender by Borrower or with an co depositor, including your spouse. This also includes any property, credits, securities, c money of the Borrower, which may at any time be delivered to or in the possession of th Lender. This may be done without any prior noire to Borrower. REFINANCES: If the purpose or this transaction is to refinance an existing loan betweef Borrower and Lender and to lend Borrower additional lands, and if Lender is obtaining security interest in a principal dwelling, Borrower may have the right to cancel the transaction in pall. If Borrower exercises the fight, the part at the transaction that Borrower does no cancel will nevertheless be repayable according to the terms of this Note, but with the amours of the payments adjusted as necessary. ASSIGNMENT: You may not assign or otherwise Transfer your rights under this Note to anyone else. Lender may sell, transfer, or assign this Note. and any Security Agreement and/ca Mortgage given to secure this Note, and Borrower's rights and obligations under this Nate wil continue unchanged. HEIRS AND PERSONAL REPRESENTATIVES BOUND: The provisions of this Note shall In binding upon the Borrower, and the heirs and personal representatives of the Borrower. GOVERNING LAW PROVISION: This Note and its validity, construction and enforceability shal be governed by life laws of Pennsylvania, except to the extent that such laws have beer preempted or superseded by federal law. NOTIcE TO CO-SIGNER You are being asked to guarantee this debt. Think carefully before you do. If the Burrower doesn't pay the debt, you will have to. Be sure you can afford to pay if you have to, and that you want to accept this responsibility. You may have to pay up to the full amount of the debt if the Borrower dues not pay. You may also have to pay late fees or collection costs, which increase this amount. The Lender cart collect this debt from you without First trying to collect from the Borrower. The Lender can use thesame collection methods against you that can he used against the Borrower,such as suing you. etc. If this debt is ever in default, that fact may become a part of your credit record. , Consumer Loan Center 2790 LibcnyAvmuc Pittsburgh, VA 15222 PNCEA K August 12, 1999 Peggy L. Lukashunas 12 Bourbon Red Dr. Mechanicsburg, PA 17055 Mortgage Loan Number 040-01-008003391 109 Mortgage Note Date April 26, 1995 Mortgage Premises: 12 Bourbon Red Dr., Mechanicsburg, PA 17055 SENT BY CERTIFIED MAIL RETURN RECEIPTREQUESTED NOTICE OF INTENTION TO FORECLOSURE MORTGAGE The MORTGAGE held by PNC Bank, National Association (hereinafter we, us, or ours) on the property located at 12 Bourbon Red Dr., Mechanicsburg, PA 17055 IS IN SERIOUS DEFAULT because you have not made the monthly payments in the amounts of $264.50 for the months of May 1999 lhru August 1999. Late charges and other charges have been accrued to the date of this letter in the amount of $26.42. The total amount now required to cure this default or, in other words, get caught up in your payments is $1,021.92. You may cure this default within THIRTY (30) days of the date of this letter, by paying us the above amount of $1,021.92 plus any additional monthly payments and late charges which may fall due during the period. Such payment trust be made either by cash, cashier's check, certified check or money order, and made at Centralized Collections, Consumer Loan Center, 2730 Liberty Avenue, Pittsburgh, PA 15222. If you do not cure the default within THIRTY (30) DAYS, the intend to exercise our right to accelerate the mortgage payments. This means that whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to pay off the original mortgage in monthly installments. If full payment of the amount of default is not trade with THIRTY (30) DAYS, we intend to instruct our 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 mortgaged debt. If we refer your case to our attorneys, but you cure the default before they begin legal proceedings against you, you will still have 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 the reasonable attorney's fees even if they are over $50.00. Any attorney's fees will be added to whatever you owe us, which may also include our reasonable costs. If you cure the default within the thirty day period, you will not be required to pay attorney's fees. We may also sue you personally for the unpaid principal balance and all outer sums due under the mortgage. If you have not cured the default within thirty day period and foreclosure proceeding have begun, you still have the right to cure the default and prevent the sale at anytime up to one hour before the Sheri fPs foreclosure sale. You may do so by paying the total amount of the unpaid monthly payment plus any late or other charges then due, as well as the reasonable attorney's fees and costs connected with the foreclosure sale (and perform any other requirements under the mortgage). It is estimated that the earliest date that a Sheriffs sale could be held would be approximately February 2000. A notice of the date of the Sheriffs sale will be sent to you before the sale. Of course, that amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment will be by calling us at the following number: (412) 762-8055. This payment must be in cash, cashier's check, certified check or money order and made payable to us at the address stated above. EXHIBIT "C" Consumer Loan Center 8790 Liberty Avenue Pittsburgh, RA 13828 PNCBANK PAGE 2 OF 2 You should realize that a Sheriffs sale will end your ownership of the mortgaged properly 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 TILE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT, OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. (YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE TO A BUYER OR TRANSFEREE WHO WILL ASSUME TILE MORTGAGE DEBT, PROVIDED THAT ALL THE OUT'S'TANDING PAYMENTS, CHARGES AND ATTORNEY'S FEES AND COSTS ARE PAID PRIOR'I'O OR AT THE SALE; AND THAI' THE OTHER REQUIREMENTS UNDER THE MORTGAGE ARE SATISFIED). CONTACT US TO DE'T'ERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT EXIST. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. If you cure the default, the mortgage will be restored to the same position as if no default had occurred. However, you are not entitled to this right to cure your default more than three times in any calendar year. Very truly yours, Ron Fudge PNC Bank, National Association cc: regular mail Consumer Loan Center 2730 Liberty Avenuc Pittsburgh, PA 152222 PNCBANK August 12, 1999 Peggy L.Lukashunas 12 Bourbon Red Dr. Mechanicsburg, PA 17055 RE: Account It 040-01-008003391109 ACT 91 NO'T'ICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE The Commonwealth of Pennsylvania's Homeowner's Emergency Mortgage Assistance Program may be able to help you. Read the following notice to find out how the program works. If you need more information, call the Pennsylvania Housing Finance Agency at 1-800-342-2397. La notificacion en adjunto es de suma importancia, puez afecta su derecho a continuar viviendo en all casa. Si no comprende el contenido de esta notificacion obtenga unit traduccion immediatamente llamanda esta agencia (Pennsylvania Housing Finance Agency) sin cargos al numero mencionada arriba. Puedes ser elegible para un prestamo per el programa Ilatnado "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 HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM PLEASE READ THIS NOTICE YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND KELP YOU MAKE FUTURE MORTGAGE PAYMENTS You may be eligible for financial assistance that will prevent foreclosure on your mortgage if you comply with the provisions of the Homeowner's Emergency Mortgage Assistance Act of 1983 (tire "Act"). You may be eligible for emergency temporary assistance if your default has been caused by circumstances beyond your control, you have a reasonable prospect of resuming your mortgage payments, and if you meet other eligibility requirements established by the Pennsylvania I lousing 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 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 to work our a repayment plan, or to otherwise settle your delinquency. This meeting must occur in the next (30) days. EXHIBIT "D" Consumer Loan Center 2730 Liberty Avenue Pittsburgh, PA 15222 PNCBANK PACE 2 OF 3 If 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 alter the date of this meeting. The name, address, and telephone number of our representative is: Ron Fudge PNC Bank, National Association 2730 Liberty Avenue, 2nd Floor Pittsburgh, Pennsylvania 15222 (412) 762-8055 The names and addresses of the 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 $1,021.92, that sum includes the following: May 1999 thru August 1999 $995.50 Late Charges $26,42 Total 81,021.92 Your mortgage is also in default for the following reasons: 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 Mousing Finance Agency. Your application must be filed or postmarked within thirty (30) days of your face-to-face meeting. It is ertrennely important that you file your application promptly. Ifyou 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. They will 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 Mousing 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 8029, Harrisburg, Pennsylvania 17105 with telephone number of (717) 780-3800 or 1-800-342-2397 (toll free number). Persons with impaired hearing can call 1-800-342-2397. Consumer Loan Center 2770 LibertyAveuuc Pittsburgh, 11A 15222 PNCBAANK PAGE 3 OF 3 In addition, you may receive another notice from this lender under Act G of 1974. That notice is called a "Notice of Intention to Foreclosure". You must read both notices since they both explain rights that you 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, Ron Fudge PNC Bank, National Association (412) 762-2-8055 Enclosure gigot. ^??gFe ? LL? o E 2ae=9?9 ; n q ? id ?cEE?Yi C INLL $ ?`?i oy 9? ri O u n E15- 4 CC o? O viLL ?_ ?N. E.3 g ' ?? #a d a '? C C N O ' y Em e = m c O u0 ?j m S Y'c ?'n° 'C V 8 Sm ? N. y ??g G a F?28 1 E 13 nn ?` a a5 ? m ? •an ea a ?¢ 4 ?f. m BB ?'O 3ya ¢v n ? w C u a u g u c .cu33 `mom ?Y H Y U¢0? ¢V . . 44 3 No 2i , ?5 fi? _ A g e pp E [' [? p pp [[?? a r? t ?+ r? r? r? r r+ 0 E m0 E A ga v W S $ °-"m c O ?MEOU .. 2 x0000 ¢ q G ? O O E z o i - ? n u t ? - E I u N o 6 o r i N P W W L W ul . 811 •f'}??" . r a u d] 7 Lrl k s ?%' v •• ? O N ? V N .- V1 v m Z a lL n m M E LL a Y COMMONWEALTH OF PENNSYLVANIA COUNTY OF ALLEGHENY SS Michael 1 Fmerlin states that he isa Consumer Loan Officer of PNC Bank, National Association, and that he is authorized to make this affidavit and verifies that the statements made in the foregoing Complaint are true and correct. He understands that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Michael J. erling Consumer Lo Officer Date: 11/02/99 4rulm rc +n' ` ? 4s,;;lA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW PNC BANK, NATIONAL ASSOCIATION, Plaintiff No. 99-+9q79- t.91 Vs. PEGGY L. LUKASHUNAS, Defendant IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: PRAECIPE TO DISCONTINUE Kindly mark the document in the above-captioned action "discontinued. Date: -_2 4 /y? DELAFIELD, McGEE, JONES & KAUFFMAN, L.L.P. By_ ' . Ros dele Kauffman, Esq. A orney for Plaintiff Attorney I.D. No. 50692 300 S. Allen Street, Suite 300 State College, PA 16801-9891 (819) 237-6278 ?- c; a? ?., ?- c: y ?? u? O y cis ''?? j _ _I Y- ?:/ ? • 1 y y i--- :- U v ?