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HomeMy WebLinkAbout07-7094 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, CIVIL DIVISION No. 01. 90 9 y CeLa- Tom.... vs. RAYMOND M. SMITH and LAURA E. SMITH, CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE Defendants. I hereby certify that the property to be foreclosed upon is: 612 Pine Road Carlisle, Pennsylvania 17013 Township of Dickinson Tax Parcel No. -3 263 8-013 Brett A. Solomon Attorney for Plaintiff Filed on behalf of PNC Bank, National Association, Plaintiff Counsel of record for this party: Brett A. Solomon, Esquire Pa. I.D. #83746 bsolomon@tuckerlaw.com Beverly Weiss Manne, Esquire Pa. I.D. #34545 TUCKER ARENSBERG, P.C. Firm #287 1500 One PPG Place Pittsburgh, Pennsylvania 15222 (412) 566-1212 BANK FIN:310353-1 000011-133910 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, CIVIL DIVISION No. VS. RAYMOND M. SMITH and LAURA E. SMITH, Defendants. IMPORTANT NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717)-249-3166 1-800-990-9108 BANK FIN:310353-1 000011-133910 AVIQ%O Le han de mandado a usted en la corte. Si usted quiere defenderse de estas demandas expeustas en las paginas siguientes, usted tiene viente (20) dias de pla/o al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregara la corte enroma ascrita sus defenses o sus objecones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidasy puede continuar la demanda en contra suy a sin previo aviso a notificacion. Ademas, la corte puede decider a favor del demande\ante y require que usted cumpla con todas las provisions de esta demanda. Usted puede erder dinero o sus propiedades o ostro derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIALAMENTE. SI NO TIENE ABAGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENIRA ESRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717)-249-3166 1-800-990-9108 BANK FIN:310353-1 000011-133910 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, CIVIL DIVISION No. D 7- 2,6 4,-1 C. y ? 7 -e, vs. RAYMOND M. SMITH and LAURA E. SMITH, Defendants. COMPLAINT IN MORTGAGE FORECLOSURE AND NOW COMES PNC Bank, National Association ('Bank"), by and through its counsel, Tucker Arensberg, P.C., and avers the following in support of its Complaint in Mortgage Foreclosure: 1. PNC Bank, National Association, is a national banking association organized under the laws of the United States of America with a principal place of business at One PNC Plaza, 249 Fifth Avenue, Pittsburgh, Pennsylvania 15222-2707. 2. Defendants, Raymond M. Smith and Laura E. Smith ("Defendants"), are adult individuals whose last known address is 612 Pine Road, Carlisle, Pennsylvania 17013. 3. On or about July 19, 1999, Raymond M. Smith and Laura E. Smith ('Borrowers"), executed a Direct Installment Loan Truth-in-Lending Disclosures ("Note") whereby Borrowers promised to pay to Bank the principal amount of $50,413.73 plus interest as provided therein. 4. The obligations evidenced by the Note are secured by a Mortgage dated July 19, 1999 (the "Mortgage") given by Raymond M. Smith and Laura E. Smith ("Mortgagors") to Bank, encumbering certain real property located at 612 Pine Road, Township of Dickinson, County of Cumberland, Pennsylvania, as more particularly described therein ("Premises"). The Mortgage was recorded on July 19, 1999 in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania in BANK FIN:310353-1 000011-133910 Mortgage Book Volume 1561, Page 287. A true and correct copy of the Mortgage is attached hereto as Exhibit "A" and incorporated herein. 5. The Borrowers are in default of the provisions of the Note for failure to make payment when due and therefore the Mortgagors are in default of the Mortgage. The Note is due from June 28, 2007 and as of October 9, 2007 was past due in the amount of $2,490.28. 6. The Mortgagors are the record and real owners of the Premises. 7. There has been no assignment, release or transfer of the Note or Mortgage. 8. On or about July 10, 2007, Notices were sent to Defendants in accordance with 35 P.S. §1680.403C (Homeowner's Emergency Mortgage Assistance Act of 1983 - Act 91 of 1983) and 41 P.S. §403 (Act 6 of 1974) that an action on said Mortgage may be commenced after 31 days from the date of the Notices. Said Notices further advised Defendants of Defendants' rights and obligations in accordance with the Act. Copies of the Notices are attached hereto as Exhibit "B", collectively, and incorporated herein. 9. The amount due Bank under the Note and Mortgage as of October 9, 2007 was as follows: Principal $18,476.01 Interest through October 9, 2007 (continuing thereafter at $4.1710 per diem) 104.27 Insurance 200.13- Attorneys' Fees 1,015.00 Costs to be added TOTAL $19,395.15 10. The total amount due to Bank under the Note and Mortgage as of October 9, 2007 was Nineteen Thousand Three Hundred Ninety-Five and 15/100 Dollars ($19,395.15), plus costs and attorneys' fees. BANK FIN:310353-1 000011-133910 WHEREFORE, Plaintiff demands an in rem judgment in mortgage foreclosure for the amount due of Nineteen Thousand Three Hundred Ninety-Five and 15/100 Dollars ($19,395.15), plus continuing interest at the contract rate from October 9, 2007, late charges, reasonable attorneys' fees and costs of foreclosure and sale of the Premises. TUCKER A RG, P.C By: B tt A. Solomon, Esquire Pa. I.D. #83746 1500 One PPG Place Pittsburgh, Pennsylvania 15222 (412) 566-1212 Attorney for PNC Bank, National Association, Plaintiff BANK FIN:310353-1 000011-133910 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, CIVIL DIVISION No. VS. RAYMOND M. SMITH and LAURA E. SMITH, Defendants. AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF ALLEGHENY I, Brett A. Solomon, Attorney for PNC Bank, National Association, being duly sworn according to law, hereby depose and say that the Defendants, Raymond M. Smith and Laura E. Smith, are not members of the military service of the United States of America to the best of my knowledge, information, and belief. rett A. Solomon Attorney for PNC Bank, National Association Sworn to and subscribed before me this 1 day of No ember, 2007. Not ub11c COMMONWEALTH OF PENNSYLVANIA Notarial Seal Kelly J. Mizak, ota P My Commission Expires: CrtyOf=E;. , uCo County My Com?nissian y May 23, 2009 Member, Penn`•,,ivania Ass ociatio - BANK FIN:310353-1 000011-133910 MORTGAGE OLNACS Nximber 7973621 ?J Jul. 19 "Posed-End) RAYKOND!(& LAURA B SMITH THIS MORTGAGE is made on '19 The Mortgagor is PNC Bank, National Association If there is more than one, the wqdlliiygdRVoA hMqitTfJersfj l arV xjppfltgn. The Mortgagee is The word "Borrower" means If there is more than one, the word "Borrower" herein refers to each and all of them. Fifty Thousand Four Hundred Thirteen And 73/100 Borrower owes WkQd wfgthr3um of Jul. 19, RI§49; (U.S. $ ).This debt is evidenced by Borrower's written obligation (referred to herein as the "Note"), dated 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 by law, 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; (e) the performance of Mortgagor's and/or Borrower's covenants and agreements under this Mortgage and the Note; and (f) 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 c hereafter erected ?INE tcl) ts, ff&y)g?gpurtErtarfl btttp3reQp_Ip?ated stand known as: Recording Date of Original Deed cMar. ER1L,AN1O979 Deed Book Numbe_r.H28 Page Number 733 Tax Parcel.N,a. 0830-2638-013 ,. - .. vim' •. _. Lot No. N/A -- ?r'(,??1n?Un Tot,, 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: (a) Mortgagor will maintain the Property in good order and repair; (b) Mortgagor will comply with all laws respecting the ownership and/or use of the Property; (c) If the Property is part of a condominium or planned unit development, Mortgagor will comply with all by-laws, regulations and restrictions of record; (d) Mortgagor will pay and/or perform all obligations under any mortgage, lien, or security agreement which has priority over this Mortgage; (e) Mortgagor will pay or cause to be paid all taxes and other charges assessed or levied on the Property when due and, upon Mortgagee's request, will deliver to the Mortgagee receipts showing the payment of such charges; (f) While any part of the debts secured by this Mortgage remain unpaid. Mortgagor promises to obtain and keep in force property insurance and, if required by federal law, flood insurance on the Property. The property insurance must cover loss of or damage to the Property"and must be in an amount sufficient to protect Mortgagee's interests; flood insurance must be of the type and in the amount required by federal law. Mortgagor agrees to provide Mortgagee evidence of required insurance. All policies must name Mortgagee as a loss payee/secured party and must provide for at least 10 days written notice to Mortgagee of reduction in coverage or cancellation. Mortgagor gives Mortgagee the right to sign Mortgagor's name on any check or draft from an insurance company and to apply the money to any debt secured by this Mortgage. This is limited to checks and drafts in payment of a claim under an insurance policy for loss or damage to the Property or for returned or rebated premiums on policies insuring the Property; (g) If Mortgagor fails to.keep in force the required insurance and/or fails to provide evidence of such insurance to Mortgagee, Mortgagee may notify Mortgagor that Mortgagor should purchase the required insurance at Mortgagor's expense. If Mortgagor fails to purchase the insurance within the time stated in the notice and/or fails to provide evidence of such insurance to Mortgagee, Mortgagee may purchase insurance to protect Mortgagee's interest, to the extent permitted by applicable law, and charge Mortgagor the cost of the premiums and any other amounts Mortgagee incurs in purchasing the insurance. THE INSURANCE MORTGAGEE PURCHASES WILL BE SIGNIFICANTLY MORE EXPENSIVE AND MAY PROVIDE LESS COVERAGE THAN INSURANCE MORTGAGOR COULD PURCHASE OTHERWISE. Mortgagee may receive reasonable compensation for the services which Mortgagee provides in obtaining any required insurance on Mortgagor's behalf. In certain states, the required insurance may be obtained through a licensed insurance agency affiliated with Mortgagee. This agency will receive a fee for providing the required insurance. In addition, an affiliate may be responsible for some or all of the underlying insurance risks and may receive compensation for assuming such risks. If Mortgagor fails to perform any other 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 under this Mortgage. Mortgagor agrees to repay Mortgagee any amounts advanced in accordance with this paragraph, with interest thereon, upon demand; (h) Any interest payable to Mortgagee after a judgment is entered or on additional sums advanced shall he at the rate provided for in the Note; (i) Mortgagee may make reasonable entries upon and inspections of the Property after giving Mortgagor prior notice of any such inspection; (j) Mortgagor will not sell, transfer ownership in, or ?nter into an installment sale contract for the sale of all or any part of the Property; and (k) 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. The covenants made in this section and Mortgagee's remedies set forth below shall riot merge with any judgment entered in any legal action and shall appiy until all amounts owed are paid in full. 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 Mort.r;age, (c) if any Mortgagor dies; (d) if any other creditor tries to take the Property by legal process, (e) if any Mortgagor files bankruptcy or if anyone files an involuntary bankruptcy against Mortgagor; (f) if any tax lien or levy is filed or made against any Mortgagor or the Property; (g) if any Mortgagor has made any alse statement in this Mortgage; or (h) if the Property is destroyed, or seized or condemned by federal, state 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, if any, de?,Iare due and payable the entire unpaid balance of the sums which are secured by this Mortgage and owing upon the Note. 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 -ecured by this Mortgage; foreclose the Mortgage, or take other action upon the Mortgage as permitted or provided by law to collect the balance owing. If d mortgage foreclosure action or any other action on this Mortgage is filed by Mortgagee, and/or if Mortgagee takes any a .terest in tiny court, including Bankruptcy Court, Mortgagor agrees to pay to Mortgagee all expenses and costs of such a law, reasonable attorneys' fees to the maximum extent permitted by law. EXHIBIT Remedies Cumulative. If any circumstance exists whir_h nould permit Mortgagee to accelerate the balance, M it any tim., dLtnng, which such r:ircumstance continues to exist. Mortgagee's remedies under this Mortgage shall be cumulati,, Delay in Enforcement. Mortgagee can delay in entorrinf; any of is rights under this Mortgage or the Note w; er fry Mortgagee of any provision of this Mortgage or the Note will riot be a waiver of the same or any other provision on any otl Assignment. Mortgagee may sell, transfer or assign this Mortgage without Mortgagors consent. "A . ., -4 r` ? ..'\ r w Severability. If any provision of this Mortgage is held to be invalid or unenforceable, such determination shall not affect the validity or enforceability of ..he remaining provisions of this Mortgage. WITN he signing ofjt is Mortga on the date set forth above, intending to be legally bound. Vitness Mortgago l Vitness U Mortgagrz) ACKNOWLEDGMENT JATE OF PENNSYLVANIA V ?a C ) SS: :OUNTY OF a ) On this ` day of 19 before me, ,le Ly?clersignecl ?offic qr (w certifies that he/she is not an officer or ector of PNC Bank, National Association), personally appeared known to me )r satisfactorily proven) to be the person(s) whose name(s) is (are) subscribed to the within instrument and acknowledged that he/she/they executed )e same for the purposes therein contained. In Witness Wylaereo,, tAi.ereunder set my hand and official seal. Signature N"al 5" ?^ftJ ,', : «,..? Title _ l •yS?rtr,?. AFFIDAVIT OF SUBSCRIBING WITNESS 4" C - ( My Commiss" fon EMkM Sept. 25 r? t C?Se,4h"Loefgor(s) acknowledged the Mortgage. Affidavit must be taken?ffierobernf;awti? c•- Befo?te .afro jsbits' iwho certifies that he/she is not an officer or director of PNC Bank, National Association personally a ppeared '•.Y•(;? C' ?"• . ..-"rte ?. the subscribing witness to the within Mortgage, who being duly sworn :.cording to law;'6.Ki4.ond says that he/she was personally present at the execution of said Mortgage, saw the within named Mortgagor(s) and (in 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 ibscribing witness is of deponents own proper handwriting. Subscribing Witness vorn to and subscribed before me this . day of 19 otary Public CERTIFICATE OF RESIDENCE do hereby certify that the Mortgagee's precise residence is U TATE OF PENNSYLVANIA Agent for Mortgagee SS: AUNT`( OF `"'""m ECORDED on thi 9 s _ id C t i M day of 19 , in the Office of the Recorder of Deeds in and for oun y, n ortgage Book Volume page _7<?C !TNESS my hand and the seal of said office the day and year aforesaid. Recorder cjz:) CQ C _ o r. ?! O_ O 2 W = - ^ . ? i C7 - a? u 0 r y - , m co ? z n , (D (M 07 (D M D G O Dj ti 7r ?'. J ,. ' 4? C ] '.? l J F. J O J r0 , ^ µ . 7 N) (D (IQ ?CFQ y to ? 1 PNCBANK Raymond Smith 612 Pine Rd Carlisle, PA 17013 ACT 91 NOTICE Date of this Notice: July 10, 2007 TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose Specific information about the nature of the default is provided in the attached pages The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help save your home This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Agencies serving, your County are listed at the end of this Notice. If you have any questions, o?y call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397 (Persons with impaired hearing can call (717) 780-1869) This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA INIPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME: Raymond Smith / Laura E Smith PROPERTY ADDRESS: 612 Pine Rd, Carlisle, PA 17013 LOAN ACCT. NO.: 040-01-008013274262 ORIGINAL LENDER: PNC CURRENT LENDER/SERVICER: PNC Bank, NA Member of The PNC Financiat Services Group EXHIBIT Consumer Loan Center 2730 Liberty Avenue Pittsburgh Pennsylvania 15222 PNCBANK HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: a IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face- to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT 30 DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE T TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names addresses and telephone numbers of designated consumer credit counseling a>encies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to- face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Program Application with one of the designated consumer counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. Member of The PNC Financial Services Group Consumer Loan Center 2730 Liberty Avenue Pittsburgh Pennsylvania 15222 (AD PNCBANK AGENCY ACTION -- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date): NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 612 Pine Rd, Carlisle, PA 17013 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Monthly payments in the amounts of $623.38 for each of the months from April 2007 through June 2007 Other charges (explain/itemize): Late Charges for $0.00 TOTAL AMOUNT PAST DUE: $1,370.14 HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $1,370.14, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAYS PERIOD. Payments must be made either by cash, cashier's check certified check or money order made payable and sent to: PNC Bank NA 2730 Liberty Avenue 2nd Floor Mailstop• P5-PCLC-02-N Pittsburgh PA 15222 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgage property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the MWW&TThe PNC Financial Services Group Consumer Loan Center 2730 Liberty Avenue Pittsburgh Pennsylvania 15222 PNCBANK RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale You may do so by paying the total amount then past due, plus any late or other charges then due reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately six months from the Date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: PNC Bank. NA Address: 2730 Liberty Avenue 2nd Floor Mailstop• P5-PCLC-02-N Pittsburgh PA 15222 Phone Number: (412) 762-8048 or 1-800-878-0027 Contact Person: Beatrice Grates EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff s Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt. YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Very truly yours, Arlene West PNC Bank, National Association cc: 1St Class U.S. Mail, postage prepaid CONSUMER CRE?DFIPCOUNnEINOcitUMO1MSERVING YOUR COUNTY (see attached) Consumer Loan Center 2730 Liberty Avenue Pittsburgh Pennsylvania 15222 PNCBANK Laura E Smith 612 Pine Rd Carlisle, PA 17013 ACT 91 NOTICE Date of this Notice: July 10, 2007 TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortg_a a on your home is in default, and the lender intends to foreclose Specific information about the nature of the default is provided in the attached pages The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help save your home This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397 (Persons with impaired hearing can call (717) 780-1869) This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDRAM SU HIPOTECA. HOMEOWNER'S NAME: PROPERTY ADDRESS: LOAN ACCT. NO.: ORIGINAL LENDER: CURRENT LENDER/SERVICER: Laura E Smith 612 Pine Rd, Carlisle, PA 17013 040-01-008013274262 Member of The PNC Financial Services Group Consumer Loan Center 2730 Liberty Avenue Pittsburgh Pennsylvania 15222 PNCBANK HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face- to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice It is only necessary to schedule one face-to- face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Program Application with one of the designated consumer counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMIIIEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. Member of The PNC Financial Services Group Consumer Loan Center 2730 Liberty Avenue Pittsburgh Pennsylvania 15222 :- PNCBANK AGENCY ACTION -- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT Bring it up to date): NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 612 Pine Rd, Carlisle, PA 17013 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Monthly payments in the amounts of $623.38 for each of the months from April 2007 through LAS1 Other charges (explain/itemize): Late Charges for $0.00 TOTAL AMOUNT PAST DUE: $1,370.14 HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $1,370.14, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAYS PERIOD. Payments must be made either by cash cashier's check certified check or money order made payable and sent to: PNC Bank, NA, 2730 Liberty Avenue 2nd Floor Mailstop• P5-PCLC-02-N Pittsburgh PA 15222 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgage property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the Wwftag@The PNC Financial Services Group Consumer Loan Center 2730 Liberty Avenue Pittsburgh Pennsylvania 15222 -PNCBANK RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale You may do so by paying the total amount then past due plus any late or other charges then due reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with Sheriff s Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff s Sale of the mortgaged property could be held would be approximately six months from the Date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: PNC Bank NA Address: 2730 Liberty Avenue. 2nd Floor, Mailstop: P5-PCLC-02-N, Pittsburgh, PA 15222 Phone Number: (412) 762-8048 or 1-800-878-0027 Contact Person: Beatrice Grates EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt. YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE ?ENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Very truly yours, Arlene West PNC Bank, National Association cc: I" Class U.S. Mail, postage prepaid CONSUMER CREOM4COVN"F,090*(;*NL ogERVING YOUR COUNTY (see attached) Consumer Loan Center 2730 Liberty Avenue Pittsburgh Pennsylvania 15222 ?t PNCBANK Raymond M Smith PO Box 3694 Gettysburg, PA 17325 ACT 91 NOTICE Date of this Notice: July 10, 2007 TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortaL a on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Agencies serving, your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA RAPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRI BA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIN41R SU HIPOTECA. HOMEOWNER'S NAME: Raymond M Smith / Laura E Smith PROPERTY ADDRESS: 612 Pine Rd, Carlisle, pa 17013 LOAN ACCT. NO.: 040-01-008013274262 ORIGINAL LENDER: PNC CURRENT LENDER/SERVICER: PNC Bank, NA Member of The PNC Financial Services Group Consumer Loan Center 2730 Liberty Avenue Pittsburgh Pennsylvania 15222 PNCBANK HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face- to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to- face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Program Application with one of the designated consumer counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. Member of The P NC Financial Services Group Consumer Loan Center 2730 Liberty Avenue Pittsburgh Pennsylvania 15222 I , PNCBANK AGENCY ACTION -- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Brim it up to date): NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 612 Pine Rd, Carlisle, pa 17013 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Monthly payments in the amounts of $623.38 for each of the months from April 2007 through June 2007 Other charges (explain/itemize): Late Charges for $0.00 TOTAL AMOUNT PAST DUE: $1,370.14 HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $1,370.14, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAYS PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: PNC Bank, NA, 2730 Liberty Avenue, 2nd Floor, Mailstop: P5-PCLC-02-N, Pittsburgh, PA 15222 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgage property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the*o*ga*The P14C Financial Services Group Consumer Loan Center 2730 Liberty Avenue Pittsburgh Pennsylvania 15222 PNCBANK RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff s Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with Sheriff's Sale as specified in writing by the lender and by performing an othe requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately six months from the Date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: PNC Bank, NA Address: 2730 Liberty Avenue, 2°d Floor, Mailstop: P5-PCLC-02-N, Pittsburgh, PA 15222 Phone Number: (412) 762-8048 or 1-800-878-0027 Contact Person: Beatrice Grates EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff s Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt. YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Very truly yours, Arlene West PNC Bank, National Association cc: I' Class U.S. Mail, postage prepaid CONSUMER CRft"eC46DN§K "c'A?6ENeIgR5 'ERVING YOUR COUNTY (see attached) Consumer Loan Center 2730 Liberty Avenue Pittsburgh Pennsylvania 15222 PNCBANK Date of this Notice: July 10, 2007 Laura E Smith PO Box 3694 Gettysburg, PA 17325 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HE") may be able to help save your home. This Notice explains how the program works. To see if HEMAP can help you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name address and phone number of Consumer Credit Agencies servingyour County are listed at the end of this Notice If you have any questions you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA RvIPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARR UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME: PROPERTY ADDRESS: LOAN ACCT. NO.: ORIGINAL LENDER: CURRENT LENDER/SERVICER: Laura E Smith 612 Pine Rd, Carlisle, pa 17013 040-01-008013274262 Member of The PNC Financiai. Services Grout. Consumer Loan Center 2730 Liberty Avenue Pittsburgh Pennsylvania. 15222 PNCBANK HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face- to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to- face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Program Application with one of the designated consumer counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. Member of The PNC Financial Services Group Consumer Loan Center 2730 Liberty Avenue Pittsburgh Pennsylvania '15222 PNCBANK AGENCY ACTION -- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT Bring it up to date): NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 612 Pine Rd, Carlisle, pa 17013 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Monthly payments in the amounts of $623.38 for each of the months from April 2007 through LAS 1. Other charges (explain/itemize): Late Charges for $0.00 TOTAL AMOUNT PAST DUE: $1,370.14 HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $1,370.14, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAYS PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: PNC Bank, NA, 2730 Liberty Avenue, 2nd Floor, Mailstop: P5-PCLC-02-N, Pittsburgh, PA 15222 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgage property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the*6tgftgbThe PNC Financial Services Group Consumer Loan Center 2730 Liberty Avenue Pittsburgh Pennsylvania 15222 PNCBANK RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at anv time np to one hour before the Sheriff's Sale. You may do so by paying the total amount then asst due, plus anv late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with Sheriff's Sale as specified in writing by the lender and by performing anv other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately six months from the Date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: PNC Bank, NA Address: 2730 Liberty Avenue, 2nd Floor, Mailstop: P5-PCLC-02-N, Pittsburgh PA 15222 Phone Number: (412) 762-8048 or 1-800-878-0027 Contact Person: Beatrice Grates EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt. YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Very truly yours, Arlene West PNC Bank, National Association cc: V Class U.S. Mail, posta a prepaid CONSUMER CR M xf*l"' 'ERVING YOUR COUNTY (see attached) Consumer Loan Center 2730 Liberty Avenue Pittsburgh Pennsylvania 15222 W Go V v m Q d N O N 0 .^3 n 0 3 'o m c r00 m 3 N m m V 1 < d D n N m A 7 m m w m A W N '' N bNroCD J O J O J O J r a p p O O t (n lit a " 00 00 pc H Or 'i H - o L7 F'h ? N O O CD O C) O > O 0 O O O O ? O (T Z Q' m :3 -J CL O OD O 00 O OD c I m Q ~ O JP W J ] W J W W J Ul SL Ul mU) "' 'P 'p W J N O O NUl O J d1 m 0 rt N ????? o N.::-% U) In x? N t $? ;F 3 m U "' lCj O rt, irt m J n ?a s z O W O W 1--' LA) lT1 N, Ln m co) o m a F c m a o W.am o m m OD 00 00 cc cc 000 00 00 o O CD m m N t1i N m N d> N ON T m o$ m y a- m mx a) a) Lrl m N A C ?. 01 ?, Q m 441 ? N = v m O o 3 S m C ? st 2) A y W ? = m 0 N m m Kivu ks X m d ?m c I o ? ? dy m a - v ?m 0 (1) o(D De livery on€irai tion so Signat ure Co tirmati n "n (n m o Speck i Handl ing ? m trict DeliT n m O Ln lLn L Retur Revel t N N g I N T I m t cn L L )l W W W W w w O O O O O O O O Cumberland County Urban League of Mi c=colitan Hal, isburg 2107N6'St Harrisburg, PA 17101 (717) 234-:925 Fax (717 ) 25^=1985 YWC.k of Carlisle 301 C St Carlisle, P': 17013 (717) 243-3 318 r ax (71 243-:948 Consumer Credit Counseling Szrricc 2000 Lingle-Town Rd Harrisburg, PA 17102 (717) 5-i-17:7 inrncial Counseling Sz-v;ce of' anki n iCounty 31 W3"St Wa,mesbom, IOA 17:68 (717) 76:-3135 VERIFICATION I, Darnella Ganaway, Attorney Relations Manager, and duly authorized representative of PNC Bank, National Association, depose and say subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities, that the facts set forth in the foregoing Complaint in Mortgage Foreclosure are true and correct upon my information and belief. PNC Bank, National Association p .i? Q a ri I-Tj cc IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, CIVIL DIVISION No. 07-7094 civil vs. RAYMOND M. SMITH and LAURA E. SMITH, Defendants PRAECIPE TO REINSTATE COMPLAINT TO: PROTHONOTARY Please reinstate the complaint in the above-captioned matter. BANK FIN:317713-1 000011-133910 1500 One PPG Place Pittsburgh, PA 15222 Telephone: (412) 566-1212 2 Pa I.D. #83746 c"s r-a C fi p , ?'' , x Mme) '4 C SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-07094 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PNC BANK NATIONAL ASSOCIATION VS SMITH RAYMOND M ET AL R. Thomas Kline , Sheriff or Deputy duly sworn according to law, says, that he made a Sheriff who being _ligent search and and inquiry for the within named DEFENDANT , to wit: SMITH RAYMOND M but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of ADAMS County Pennsylvania, to serve the within COMPLAINT - MORT FORE On January 31st , 2008 , this of attached return from ADAMS Sheriff's Costs: So an ice was inlreceipu- of Docketing 18.00 ' Out of County 9.00`?j??? Surcharge 10.00 R. Thomas Kli Dep Adams County 67.00 Sheriff of Cu Postage 3.52 10 7 . 5 2 ? ??d 3/Q P ?, 01/31/2008 TUCKER ARENSBERG Sworn and subscribe to before me this day of e? land County A. D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-07094 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PNC BANK NATIONAL ASSOCIATION VS SMITH RAYMOND M ET AL 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: but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of ADAMS County, Pennsylvania, to serve the within COMPLAINT - MORT FORE On January 31st , 2008 ; t attached return from ADAMS Sheriff's Costs: Docketing 6.00 Out of County .00 receipt of t Surcharge 10.00 R." Thomas Kline .00 Sheriff of Cumbe land County 0 16.00 01/31/2008 TUCKER ARENSBERG Sworn and subscribe to before me this day of , A.D. s ottice was 1 So answer In The Court of Common Pleas of Cumberland C ounty, Pennsylvania PNC Bank National Association VS. Raymond M. Smith et al SERVE: Raymond M. Smith No. 07-7094 civil Now, Novsnber 27, 2007 , I, SHERIFF OF CUMBE AND COUNTY, PA, do hereby deputize the Sheriff of Adams Coun to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of umberland County, PA Please mail return of service to Cumberland County heriff. Thank you. Affidavit of Service Now, January 29, 2008 return the witbin Complaint in Mort age Foreclosure NOT FOUND as to defendant Raymond M. Smitb. Defendant bas a forwarding address of P.O. Box 3694, Getty burg, PA 17325. i So answers, e eri a-vvlaA aco son riff of ams County, PA COSTS Sworn and subscribed before SERVICE $19.00 me this day of N/A , 20 MILEAGE 48.00 AFFIDAVIT $67.00 Pd. 1/29/ 08 RSK ;Q 7 ',9' I CM7 In The Court of Common Pleas of Cumberland County, Pennsylvania PNC Bank National Association VS. Raymond M. Smith et al SERVE: Laura E. Smith No. 07-7094 civil Now, Novsnber 27, 2007 , I, SHERIFF OF C1 hereby deputize the Sheriff of Adam's deputation being made at the request and risk of the Plaintiff. IBE AND COUNTY, PA, do County to execute this Writ, this Sheriff of Cumberland County, PA Please mail return of service to Cumberland County Sheriff. Thank you. Affidavit of Service Now, January 29, 2008 return the within NOT FOUND as to defendant Laura E. Smith. Defendant has moved and left no forwarding address with tbelNew Oxford, PA Post Office. So answers, ,Defu-tA Sberiff J Nelson airs W - J- It fNbkriff of dams County, PA Sworn and subscribed before me this day of N/A )20 COSTS SERVICE _ MILEAGE _ AFFIDAVIT int in Mor?gage Foreclosure $ Included witb another return ) _._ ? ,.. . :? ,. ...3 ..?... .. _. .. SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-07094 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PNC BANK NATIONAL ASSOCIATION VS SMITH RAYMOND M ET AL 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 SMITH RAYMOND M but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOT FOUND , as to the within named DEFENDANT 612 PINE ROAD SMITH RAYMOND M CARLISLE, PA 17015 DEFENDANT HAS NOT LIVED AT GIVEN ADDRESS SINCE DECEMBER 2004. Sheriff's Costs: Docketing 18.00 Service 5.76 Not Found 5.00 Surcharge 10.00 .00 aIIq?04 ? ? 38.76 So answers: R. Th as Kline Sheriff of Cumberland County TUCKER ARENSBERG 02/14/2008 Sworn and Subscribed to before me this day of A. D. , s f , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, VS. RAYMOND M. SMITH and LAURA E. SMITH, Defendants. CIVIL DIVISION No. 07-7094 civil PRAECIPE TO REINSTATE COMPLAINT IN MORTGAGE FORECLOSURE Filed on behalf of PNC Bank, National Association, Plaintiff Counsel of record for this party: Brett A. Solomon, Esquire Pa. I.D. #83746 bsolomon@tuckerlaw.com Michael C. Mazack, Esquire Pa. I.D. #205742 TUCKER ARENSBERG, P.C. Firm #287 1500 One PPG Place Pittsburgh, Pennsylvania 15222 (412) 566-1212 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, VS. RAYMOND M. SMITH and LAURA E. SMITH, Defendants. CIVIL DIVISION No. 07-7094 civil PRAECIPE TO REINSTATE COMPLAINT TO: PROTHONOTARY Please reinstate the complaint in the above-captioned matter. BANK FIN:319487-1 000011-133910 Pittsburgh, PA 15222 Telephone: (412) 566-1212 2 Pa I.D. #83746 1500 One PPG Place G'J L? ? O Q ? SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-07094 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PNC BANK NATIONAL ASSOCIATION VS SMITH RAYMOND M ET AL 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 SMITH RAYMOND M but was unable to locate Him in his bailiwick. He theref?re returns the COMPLAINT - MORT FORE , the within named DEFENDANT 160 OAKVILLE ROAD SHIPPENSBURG, PA 17257 DEFENDANT IS DECEASED. Sheriff's Costs: Docketing 18.00 Service 18.24 Not Found 5.00 Surcharge 10.00 00 3))g,pg 51.24 NOT FOUND , as to SMITH RAYMOND M So ans R. Thomas Kl i Sheriff of Cumberla County TUCKER ARENSBERG 03/13/2008 Sworn and Subscribed to before me this day of A. D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-07094 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PNC BANK NATIONAL ASSOCIATION VS SMITH RAYMOND M ET AL 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 SMITH LAURA E but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOT FOUND , as to the within named DEFENDANT SMITH LAURA E 160 OAKVILLE ROAD SHIPPENSBURG, PA 17257 PER DEFENDANT'S SISTER (RESIDENT AT GIVEN ADDRESS)!DEFENDANT T T[TTI(l T T 1 (11 T TTT/Yl1T TT lI TTITITIT T TT .1 ?TTrT> t1r -? n n .? n Sheriff's Costs: Docketing 6.00 Service .00 Not Found 5.00 Surcharge 10.00 4/?. 00 3118 b ?-1y? 21 . 0 0 So answe R. Thomas Klin Sheriff of Cumberland County TUCKER ARENSBERG 03/13/2008 Sworn and Subscribed to before me this day of A. D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, CIVIL DIVISION No. 07-7094 civil vs. RAYMOND M. SMITH and LAURA E. SMITH, PRAECIPE TO REINSTATE COMPLAINT IN MORTGAGE FORECLOSURE Defendants. Filed on behalf of PNC Bank, National Association, Plaintiff Counsel of record for this party: Brett A. Solomon, Esquire Pa. I.D. #83746 bsolomongtuckerlaw.com Michael C. Mazack, Esquire Pa. I.D. #205742 TUCKER ARENSBERG, P.C. Firm #287 1500 One PPG Place Pittsburgh, Pennsylvania 15222 (412) 566-1212 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, CIVIL DIVISION No. 07-7094 civil vs. RAYMOND M. SMITH and LAURA E. SMITH, Defendants. PRAECIPE TO REINSTATE COMPLAINT TO: PROTHONOTARY Please reinstate the complaint in the above-captioned matter. , P.C. BANK_FIN:319487-1 000011-133910 Brett Al!Solomon, Esquire Pa I.D. #83746 1500 One PPG Place Pittsburgh, PA 15222 Telephone: (412) 566-1212 2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL kN100 PNC BANK, NATIONAL ASSOCIATION, CIVIL DIVISION Plaintiff, ` vs. ; RAYMOND M. SMITH and CIVIL ACTION - COMPLAINT 1N LAURA E. SMITH, MORTGAGE FORECLOSURE Defendants. Filed on behalf of PNC Bank, National Association, Plaintiff Counsel of record for this party: Brett A. Solomon, Esquire Pa. I.D. #83746 bsolomon64tuckerlaw.com Beverly Weiss Manne, Esquire Pa. I.D. #34545 TUCKER ARENSBERG, P.C. Firm #287 1500 One PPG Place Pittsburgh, Pennsylvania 15222 (412) 566-1212 I hereby certify that the property to be foreclosed upon is: 612 Pine Road Carlisle, Pennsylvania 17013 Township of Dickinson Tax Parcel No,.Q$-30x2638-013 Brett A. Solomon Attorney for Plaintiff BANK-FIN 310353-1 000011-133910 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, CIVIL DIVISION No. vs. RAYMOND M. SMITH and LAURA E. SMITH, Defendants. IMPORTANT NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717)-249-3166 1-800-990-9108 BANK FTN:310353-1 000011-133910 AVISO Le han de mandado a usted en la corte. Si usted quiere defenderse de estas demandas expeustas en las paginas siguientes, usted tiene viente (20) dias de pla/o al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregara la corte enroma ascrita sus defenses o sus objecones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidasy puede continuar ]a demanda en contra suy a sin previo aviso a notificacion. Ademas, la corte puede decider a favor del demande\ante y require que usted cumpla con todas las provisioner de esta demanda. Usted puede erder dinero o sus propiedades o ostro derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIALAMENTE. SI NO TIENE ABAGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENIRA ESRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717)-249-3166 1-800-990-9108 BANK FIN:310353-1 000011-133910 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, CIVIL DIVISION No. 07 - 7D Q y C''4- 1771, vs. RAYMOND M. SMITH and LAURA E. SMITH, Defendants. COMPLAINT IN MORTGAGE FORECLOSURE AND NOW COMES PNC Bank, National Association ('Bank"), by and through its counsel, Tucker Arensberg, P.C., and avers the following in support of its Complaint in Mortgage Foreclosure: 1. PNC Bank, National Association, is a national banking association organized under the laws of the United States of America with a principal place of business at One PNC Plaza, 249 Fifth Avenue, Pittsburgh, Pennsylvania 15222-2707. 2. Defendants, Raymond M. Smith and Laura E. Smith ("Defendants"), are adult individuals whose last known address is 612 Pine Road, Carlisle, Pennsylvania 17013. 3. On or about July 19, 1999, Raymond M. Smith and Laura E. Smith ('Borrowers"), executed a Direct Installment Loan Truth-in-Lending Disclosures ("Note") whereby Borrowers promised to pay to Bank the principal amount of $50,413.73 plus interest as provided therein. 4. The obligations evidenced by the Note are secured by a Mortgage dated July 19, 1999 (the "Mortgage") given by Raymond M. Smith and Laura E. Smith ("Mortgagors") to Bank, encumbering certain real property located at 612 Pine Road, Township of Dickinson, County of Cumberland, Pennsylvania, as more particularly described therein ("Premises"). The Mortgage was recorded on July 19, 1999 in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania in BANK FIN:310353-1000011-133910 Mortgage Book Volume 1561, Page 287. A true and correct copy of the Mortgage is attached hereto as Exhibit "A" and incorporated herein. 5. The Borrowers are in default of the provisions of the Note for failure to make payment when due and therefore the Mortgagors are in default of the Mortgage. The Note is due from June 28, 2007 and as of October 9, 2007 was past due in the amount of $2,490.28. 6. The Mortgagors are the record and real owners of the Premises. 7. There has been no assignment, release or transfer of the Note or Mortgage. 8. On or about July 10, 2007, Notices were sent to Defendants in accordance with 35 P.S. §1680.403C (Homeowner's Emergency Mortgage Assistance Act of 1983 - Act 91 of 1983) and 41 P.S. §403 (Act 6 of 1974) that an action on said Mortgage may be commenced after 31 days from the date of the Notices. Said Notices further advised Defendants of Defendants' rights and obligations in accordance with the Act. Copies of the Notices are attached hereto as Exhibit "B", collectively, and incorporated herein. 9. The amount due Bank under the Note and Mortgage as of October 9, 2007 was as follows: Principal $18,476.01 Interest through October 9, 2007 (continuing thereafter at $4.1710 per diem) 104.27 Insurance 200.13- Attorneys' Fees 1,015.00 Costs to be added TOTAL $19,395.15 10. The total amount due to Bank under the Note and Mortgage as of October 9, 2007 was Nineteen Thousand Three Hundred Ninety-Five and 15/100 Dollars ($19,395.15), plus costs and attorneys' fees. BANK PIN:310353-1 000011-133910 WHEREFORE, Plaintiff demands an in rem judgment in mortgage foreclosure for the amount due of Nineteen Thousand Three Hundred Ninety-Five and 151100 Dollars ($19,395.15), plus continuing interest at the contract rate from October 9, 2007, late charges, reasonable attorneys' fees and costs of foreclosure and sale of the Premises. TUCKER A S RG, P.C. By: B tt A. Solomon, Esquire Pa. I.D. #83746 1500 One PPG Place Pittsburgh, Pennsylvania 15222 (412) 566-1212 Attorney for PNC Bank, National Association, Plaintiff BANK FTN:310353-1 000011-133910 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, ) CIVIL DIVISION Plaintiff, ) No. vs. ) RAYMOND M. SMITH and ) LAURA E. SMITH, ) Defendants. ) AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF ALLEGHENY SS: I, Brett A. Solomon, Attorney for PNC Bank, National Association, being duly sworn according to law, hereby depose and say that the Defendants, Raymond M. Smith and Laura E. Smith, are not members of the military service of the United States of America to the best of my knowledge, information, and belief. ?;7 rett A. Solomon Attorney for PNC Bank, National Association Sworn to and subscribed before me 0. this day ofNvember, 2007. Not' ))ubllc My Commission Expires: BANK_FIN310353-1 000011-133910 10 OLNACS Number 7973621 MORTGAGE Jul. 19 i osed-End) RAYMOND4 & LAURA B SMITH THIS MORTGAGE is made on 19 The Mortgagor is PNC Bank, National Associatior If there is more than one, the we wog hMiTTjqers? l ar i l The Mortgagee is The word "Borrower" means If there is more than one, the word "Borrower' herein refers to each and all of them Borrower owes MN"apjSth7prn of Fifty Thousand Four Hundred Thirteen And 73/100 Jul. 19, `1495 (U.S. $ ).This debt is evidenced by Borrower's written obligation (referred to herein as the "Note"), dated This Mortgage secures to Mortgagee: (a) the repayment of the debt evidenced by the Note, w th 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 by law, 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; (e) the performance of Mortgagor's and/or Borrower's covenants and agreements under this Mortgage and the Note; and (f) 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 o,- hereafter erecte$nl O rpetr?s, ffiisat appurienarlrr7eb CUMBER stand known as Recording Date of Original Deed Mar. 1, 1979 Deed Book Number.H28 Tax Parcel..No. OS '30-.2638-013 Lot No. N/A Page Number 733 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,/dr Borrower shal 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: (a) Mortgagor will maintain the Property in good order and repair; (b) Mortgagor will comply with all laws respecting the ownership and/or use of the Property; (c) If the Property is part of a condominium or planned unit development, Mortgagor will comply with all by-laws, regulations and restrictions of record, (d) Mortgagor will pay and/or perform all obligations under any mortgage, lien, or security agreement which has priority over this Mortgage (e) Mortgagor will pay or cause to be paid all taxes and other charges assessed or levied on the Property when due and, upon Mortgagee's request, will deliver to the Mortgagee receipts showing the payment of such charges, (f) While any part of the debts secured by this Mortgage remain unpaid. Mortgagor promisee to obtain and keep in force property insurance and, if required by federal law, flood insurance on the Property. The property insurance must cover loss of of damage to the Property and must be in an amount sufficient to protect Mortgagee's interests; flood insurance must be of the type and in the amount requirec by federal law. Mortgagor agrees to provide Mortgagee evidence of required insurance. All policies must name Mortgagee as a loss payee/secured party anc must provide for at least 10 days written notice to Mortgagee of reduction in coverage or cancellation. Mortgagor gives Mortgagee the right to sign Mortgagcr'c name on any check or draft from an insurance company and to apply the money to any debt secured by this Mortgage. This is limited to checks and drafts it payment of a claim under an insurance policy for loss or damage to the Property or for returned or rebated premiums on policies insuring the Property (g) If Mortgagor fails to keep in force the required insurance and/or fails to provide evidence of such insurance to Mortgagee, Mortgagee may notify Mortgagor that Mortgagor should purchase the required insurance at Mortgagors expense. If Mortgagor fails to purchase the insurance within the time stated in the notice and/or fails to provide evidence of such insurance to Mortgagee, Mortgagee may purchase insurance to protect Mortgagee's interest, to the axieni permitted by applicable iaw, and charge Mortgagor the cost of the premiums and any other amounts Mortgagee incurs in purchasing the insurance. THE INSURANCE MORTGAGEE PURCHASES WILL BE SIGNIFICANTLY MORE EXPENSIVE AND MAY PROVIDE LESS COVERAGE THAN INSURANCE MORTGAGOF COULD PURCHASE OTHERWISE. Mortgagee may receive reasonable compensation for the services which Mortgagee provides in obtaining any requirec insurance on Mortgagor's behalf. In certain states, the required insurance may be obtained through a licensed insurance agency affiliated with Mortgagee This agency will receive a fee for providing the required insurance. In addition, an affiliate may be responsible for some or at( of the underlying insurance risks and may receive compensation for assuming such risks. If Mortgagor fails to perform any other duty or obligation required by these Covenants, Mortgage: may, at its sole option, advance such sums as it deems necessary to protect the Property and/or its rights in the Property under this Mortgage. Mortgagor agrees to repay Mortgagee any amounts advanced in accordance with this paragraph, with interest thereon, upon demand, (h) Any interest payable ti: Mort agPe after a judgment is entered or on additional sums advanced shall be at the rate provided for in the Note, (i) Mortgagee may make reasonable entries upon and inspections of the Property after giving Mortgagor prior notice of any such inspection; (j) Mortgagor will not sell, transfer ownership in, or enter into an installment sale contract for the sale of all or any part of the Property, and (k) The promises, agreements and rights in this Mortgage shall be binding upon and benefit anyone to whom the Properly or this Mortgage Is transferred. If more than one Mortgagor signs this Mortgage, each and all of therr are bound individually and together. The covenants made in this section and Mortgagee's remedies set forth below shall not merge with any judgment enterec in any legal action and shall apply until all amounts owed are paid in full. Default. Mortgagor will be m 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 any other creditor rues to take the Properly by legal process, (e) if any Mortgagor files bankruptcy or if anyone files an involuntory bankruptcy against Mortgagor, (f) if any tax lien or levy is filed or made against any Mortgagor or the Property, (b) if any Mortgagor has made any .,ilse statement in this Mortgage, or (h) if the Property is destroyed, or seized or condemned by federal, state 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 b,, law, if any, declare due and payable the entire unpaid balance of the sums nhich are secured by this Mortgage and owing upon the Note. If Mortgagee sc declares uch entire balance (;ue and payable, Mortgagee may take possession, of the Property, collect any and all rents, apply said rents to the indebtedras; ;ecarecl by this Mortgage; foreclose the Mort;ege, or tale other action upon the Mortgage as permitted or provided by law to collect the balance Owing. If z i morigal;e fOrCciG?ure, action or any other action on this Mortgage is file:; )y Mortgagee, and/or it Mortgagee takes any a' ; ny Dort, including Bankruptcy Court, Mortgagor agrees to pay to Mortgagee all expenses and costs of such a 771 law reasonable. attorneys' fees to the maximum extent permitted by law Remedies Cumulative. if ,any -ircumsWnre ;exists which r,ould r;ermit Mortgagee to accelerate the balance, M an,, tin,? Munn,; which such circumstance continues to exist. Mortgagee's remedies under this Mortgage shall be Imulatly Delay in Enforcement. Mortgagee can delay in enforcing any of its rg?fts under- this Mortgage or the Note wi Mortgagee of any provision of this Mortgage or the Note wilt not I)e a rn,iver of the same or any other provision on any rill Assignment. Morta;;ee may selltrJnLfer Or assign this l0or'„ a;ie vrithOLIt PAortgagors 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 he remaining provisions of this Mortgage. WITNESS the signing afft is Mortga on the date set forth above, intending to be legally bound. VitnessI`--- Mortgago??7 ------ r Vitness Mortgagc??CP?.1/ltcAs? ACKNOWLEDGMENT ;TATE OF PENNSYLVANIA ) SS: :OUNTY OF lQ ) On this l ` day of 19 ? k, before me ie derslgned offic?r (w certifies that he/she Is not an officer or diirector of PNC Bank, National Association), personally appeared known to me )r satisfactorily proven) to be the person(s) whose name(s) is (are) subscribed to the within instrument and acknowledged that he /she/they executed 'ie same for the purposes therein contained. In Witness W,4er-•q4,44iereunder set my hand and official seal. Signature Mdunal 5" Title raw e 1 1 AFFIDAVIT OF SUBSCRIBING WITNESS ' l "C Y 6aaSwklm ? My Orttff ssfon E7Q)k99 Shpt '" , 2p00 ` t.G e,t Moirf?6gor(s) acknowledged the Mortgage. Affidavit must be takenf0T.robenf3pPWb9t" Befor.??ri Its {Who certifies that he/she is not an officer or director of PNC Bank, National Association), personally appeared the subscribin witness to the within Mortgage, who being duly sworn ccordin to law,-de-b t. ,?. g t?,4s•and says that he/she was personally present at the execution of said Mortgage, saw the within named Mortgagor(s) and _ ;n 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 Ibscribing witness is of deponents own proper handwriting. Subscribing Witness .vorn to and subscribed before me this day of 19 otary Public CERTIFICATE OF RESIDENCE do hereby certify that the Mortgagee's precise residence is r? l-ATE OF PENNSYLVANIA ) Agent for Mortgagee ,1? ?, > SS . AUNTY OF m ? r I (J ) (?l --CORDED on this . day of 19 I n the Office of the Recorde r of Deeds in and for • d County, in Mortgage Book Volume _ page 7 « !TNESS my hand and the seal of said office the day and year aforesaid Recorder (, a o ._ v O O 'Z C ? Z ? ' ?o rciD : , u ? `G O O > .. zz I -+ S A bd ,."D _...,? . r O 1 r- ? I` ? L W L'l ? v Raymond Smith 612 Pine Rd Carlisle, PA 17013 Date of this Notice: July 10, 2007 ACT 91 NOTICE` TA"xv%,_E ACTION TO SAME YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in-default, and the lender intends to foreclose Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HE") may be able to help save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet 'with the Counseling Agency. The name, address and phone number of Consumer Credit Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397 (Persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA Rv1PORTANCIA, PUES AFECTA SU DER.ECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRA.MA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME: Raymond Smith / Laura E Smith PROPERTY ADDRESS: 612 Pine Rd, Carlisle, PA 17013 LOAN ACCT. NO.: 040-01-008013274262 ORIGINAL LENDER: PNC CURRENT LENDER/SERVICER: PNC Bank, NA Member o•` [ E,e rigs : . EXHIBIT Consumer Loan Cenier 2730 Liber y Avenue PiJsbur gii Penrayw nie %=_ HOMEOWNER'S EMERGENCY MOR'T'GAGE ASSISTANCE PROGRAM[ YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR ROME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: © JUC YOUR DEFAULT HAS BEEN CAUSED BY `LIRCUMSTAla CES BEYOND YOUR CONTROL, 0 IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO FAY YOUR MORTGAGE PAYMENTS, AND © IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face- to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to- face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Program Application with one of the designated consumer counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. }?,. YOU MUST FILE YOUR APPLICATION PROMPTLY. THIS YOU FAIL TO DO SO OR??IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTIS[ I THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. [Aern aer of The i-W!C F ne. -da _ Consurner Loan Center 2730 Liberiy A enue Pittsburch Penns,/i%'ania 22 AGENCY ACTION -- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT RE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date): NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 612 Pine Rd, Carlisle, PA 17013 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Monthly payments in the amounts of $623.38 for each of the months from April 2007 through June 2007 Other charges (explain itemize): Late Charges for $0.00 TOTAL, AMOUNT PAST DUE: $1,370.1 HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TO'T'AL AMOUNT PAST DUE TO TIME LENDER, WHICH IS $1,370.14, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAYS PERIOD. Payments must be made either by cash cashier's check certified check or money order made pgyable and sent to: PNC Bank, NA, 2730 Liberty Avenue 2ud Floor Mailstop- P5-PCLC-02-N Pittsburgh PA 15222 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgage property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the Consumer Loan Center 2730 Liberty Avenue Pittsburgh Pennsylvanla 1512,92 RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SAFE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time W to one hour before the Sheriff s Sale You may do so by paving the total amount then asst due, plus any late or other charges then due reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately six months from the Date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: PNC Bank, NA Address: 2730 Liberty Avenue 2°a Floor Mailstop• P5-PCLC-02-N Pittsburgh PA 15222 ]Phone Number: (412) 762-8048 or 1-800-878-0027 Contact Person: Beatrice Grates EFFECT OF SHERIFF'S SALE -You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt. YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. o TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Very truly yours, Arlene West PNC Bank, National Association cc: I" Class U.S. Mail, postage prepaid CONSUMER CR1g` T-PCt 11??e14??1?C'?3 ?ERVII??? YOUR COUNTY (see attached) Consumer Loan Center 2730 Liberty Avenue Pittsburgh Penns,?l.vznia ;;,222 Date of this Notice: July 10, 2007 Laura E Smith 612 Pine Rd Carlisle, PA 17013 ACT 91 NOTICE "TAKE ACTION TO SAVE YOUR HONE FROM FORECLOSURE This is an official notice that the mortgage on your home is in default and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (BEMAP) may be able to help save your home. This Notice explains how the program works. To see if HEMAP can help you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name address and phone number of Consumer Credit Agencies serving your County are listed at the end of this Notice If you have any questions you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUSS AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INM[EDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU I-HPOTECA. HOMEOWNER'S NAME: Laura E Smith PROPERTY ADDRESS: 612 Pine Rd, Carlisle, PA 17013 LOAN ACCT. NO.: 040-01-008013274262 ORIGINAL, LENDER: CURRENT LENDER/SERVICER: Miera;,-Jer & ;tie i-N Consumer Loan Center 2730 Liberty Avenue Pl tsbLlrLil Pe„nsyl<<a.,,i 1222 \ LI ?JL'\UU J?/? HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAYE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE.- 0 IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, o IF YOU HAVE ? 7A7?(REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYME7JLS, AND ET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED B Y THE PENNSYLVANIA HOUSING FINANCE AGENCY, HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face- to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING DUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice It is only necessary to schedule one face-to- face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Program Application with one of the designated consumer counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. ?+ YOU MUST FILE YOU7R APPLICATION LryICATION PROM Pg7TLY. I'?F YO7?U FAIL FORECLOSURE TOIDO SO OR I?'7YO?Yil 1: Uj IDO NOT 7? YF OLLO?? NYC' THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, 1?ll PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WALL BE ID]ENII)EIDo P4erztbei- o 't re Pi NC Consumer Loan Center 2730 Liberty Avenue Pittsburgh PennSybvanie• 15222 AGENCY ACTION -- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Brine it up to date): MATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 612 Pine Rd, Carlisle, PA 17013 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Monthly pUrnents in the amounts of $623.38 for each of the months from April 2007 through LAS1 Other charges (explain/itemize): Late Charges for $0.00 'T'OTAL AMOUNT PAST DUE: $1,370.1 HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (3 0) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAS'T' DUE TO THE LENDER, WHICH IS $1,370.14, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAYS PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: PNC Bank, NA, 2730 Liberty Avenue, 2nd Floor Mailstop: P5-PCLC-02-N Pittsburgh PA 15222 IF YOU DO NOT CURE THE DEFAUL'T' - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the leader intends to exercise its rights to accelerate the mortizaae debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgage property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under thejartgagt-h? Consumer Loan Center 2730 Liberty /avenue °i isbur 5 Penns;/!\•ania. " ;_92 P N\ C B" 1-1, l ??1 lid RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by pgying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff s Sale of the mortgaged property could be held would be approximately six months from the Date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: PNC Bank, NA Address: 2730 Liberty Avenue. 2nd Floor, Mailstop: P5-PCLC-02-N, Pittsburgh, PA 15222 Phone Number: (412) 762-8048 or 1-800-878-0027 Contact Person: Beatrice Grates EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUWTION OF MORTGAGE - You may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt. YOU MAY ALSO HAVE THE RIGHT: © TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Very truly yours, Arlene West PNC Bank, National Association cc: I" Class U.S. Mail, postage prepaid CONSUMER CREM75C, O> S1 L)1???? 5`'gERVD`?? YOUR COUNTY (see attached) Consumer Loan Center 2730 Libery-`.venue Pittsburc- Pena sAvenia '1'-222 Raymond M Smith PO Box 3694 Gettysburg, PA 17325 ACT4I N(C?TdCE Date of this Notice: July 10, 2007 S EKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help save your home. This Notice explains how the program works. To see if HEMAP can help, You must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Agencies serving your County are listed at the end of this Notice. If you have my questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUSS AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HWOTECA. HOMEOWNER'S NAME: Raymond M Smith / Laura E Smith PROPERTY ADDRESS: 612 Pine Rd, Carlisle, pa 17013 LOAN ACCT. NO.: 040-01-008013274262 ORIGINAL LENDER: PNC CURRENT LENDER/SERVICER: PNC Bank, NA Consumer Loan Center 2730 Liberty !avenue Pitisburg! '?:= nsivar;i 122? 7 V C UA\\ Y\4 K HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM. YOU MAY BE ELIGIBLE FOR }FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR BIOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS ,p IF YOU COMPLY WITH THE PROVISIONttST OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: 0 IF YOUR DEJP AULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, 0 I YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORN CAGE PAYMENTS, AND 0 IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face- to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MIDST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to- face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Program Application with one of the designated consumer counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FA_1L TO DO SO OR IF YOU DO NOT FOLLOW 7(}? THE OTHER TL?u PERIODS SE 1: FORTH IN THIS LETTL R, FORECLOSURE MAY PROCEED DIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE AGAINST YOUR DOME 11YEVIE WILL ICE DENIED. kien-ibex of T lie V-'NC- : . c,. Consurner Loan Center 2730 Liberty Avenue PldSbUr gh Pei; sytwafa& 1522- AGENCY ACTION -- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANE RUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date): NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 612 Pine Rd, Carlisle, pa 17013 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Monthly payments in the amounts of $623.3 8 for each of the months from April 2007 through June 2007 Other charges (explain/itemize): Late Charges for $0.00 TOTAL AMOUNT PAST DUE: $1,370.14 HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO TKE LENDER, WHICH IS $1,370.14, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAYS PERIOD. Payments must be made either by cash cashier's check certified check or money order made payable and sent to: PNC Bank, NA, 2730 Liberty Avenue 2°d Floor Mailstop• P5-PCLC-02 N Pittsburgh PA 15222 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgage property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the TIIIRTY (30) DAY period, you will not be reguireal to pay attorney fees. OTHER LENDER REMEDEES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the*aftago he PH IC ,ce_. ci-..:' Consumer Loan Center 2730 Liberty Avenue Pit SIDLlr h r-2; sy!va„ia 5222 Z171114 C BK? N[11` RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale You may do so by paying the total amount then past due, plus any late or other charges then due reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately six months from the Date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: PNC Bank. NA Address: 2730 Liberty Avenue 2°d Floor Mailstop• P5-PCLC-02 N Pittsburgh PA 15222 Phone Number: (412) 762-8048 or 1-800-878-0027 Contact Person: Beatrice Grates EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUITTION OF MORTGAGEE - You may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt. YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Very truly yours, Arlene West PNC Bank, National Association cc: 1" Class U.S. Mail, postage prepaid CONSUMITER SCI 'I')? ?$ 1? ? T IdES S7EL???NG YOUR COUNTY (see attached) Consumer Loan Center 2730 Liberty Avenue Pittsburgh Penn=_ylvan a. 15222 PNII (7-BA-11141-111f,- Laura E Smith PO Box 3694 Gettysburg, PA 17325 A C T ^? N 0"' T I C E Date of this Notice: July 10, 2007 "FAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default and the lender intends to foreclose Specific information about the nature of the default is provided in the attached pages The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (BE") may be able to help save your home This Notice explains how the program works To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Agencies serving your County are listed at the end of this Notice. If you have any questions you may call the Pennsylvania Housing Finance A ena toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780-1869 This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA M'ORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMBNTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME: Laura E Smith PROPERTY ADDRESS: 612 Pine Rd, Carlisle, pa 17013 LOAN ACCT. NO.: 040-01-008013274262 ORIGINAL LENDER: CURRENT LENDER/SERVICER: T4:e Consumer Loan Center 2730 Liberty Avenue Pit sbu gii e'en isylva J. i'. _PT?IC ,`' Z141L HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, © IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND o IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY S'L'AY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face- to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDI'T' COUNSELING AGENCIES -- If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice It is only necessary to schedule one face-to- face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Program Application with one of the designated consumer counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION ]PROMPTLY, IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME DIATIELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. Consumer Loan Center 2730 Libertv;=,venue ?iishur;i ; ennsvi,;a;,;i: ; '= TaT _6 AGENCY ACTION -- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Brine it up to date): NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 612 Pine Rd, Carlisle, pa 17013 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Monthly payments in the amounts of $623.38 for each of the months from April 2007 through LAS1 Other charges (explain/itemize): Late Charges for $0.00 TOTAL AMOUNT PAST DUE: $1,370.14 I10W TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE 'T'OTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $1,370.14, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAYS PERIOD. Payments must be made either by cash cashier's check certified check or money order made payable and sent to: PNC Bank, NA, 2730 Liberty Avenue 2nd Floor Mailstop- P5-PCLC-02-N Pittsburgh PA 15222 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the morteage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged Property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgage property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under theiyWo gage he P NC CDC-.! Consumer Loan Center 2730 Liberty Lhvenue Pittsburgh Pen,syivaniz -V l\\4C-BA\1hjF RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paving the total amount then past due, plus any late or other charges then due reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHER](FF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately six months from the Date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. )FLOW TO CONTACT THE LENDER: Name of Lender: PNC Bank, NA Address: 2730 Liberty Avenue, 2°a Floor, Mailstop: P5-PCLC-02-N Pittsburgh PA 15222 Phone Number: (412) 762-8048 or 1-800-878-0027 Contact Person: Beatrice Grates EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt. YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Very truly yours, Arlene West PNC Bank, National Association cc: I" Class U.S. Mail, postage repaid CONSUMER Clf?`9?'?''?D$???`L?`]?T?` 7?`??I? ?"?7E1[?dTl\tG YOUR COUNTY (see attached) Consumer Loan Center 2730 Liberiy Avenue Pittsburgh Pe nns%,ivani= ?.:%i W m Q c lD N 0 0 N 0 n 0 a Q K v 0 7 'O m 4 d n D 0 .moo ID !D A O M fD VD A N A AI W N ?? i z d bN ro m C) J p J C) ? C) O (t l0 n a Q O p O U1 n Cc 0. ` O O O O O O O D rt• Tr N LQ :37 O O O O O O O o ?Sr N N 0 0 N 0 0 Z 9 rti j J c°n o00 0 CO o co m I O o a P LO L .A In I W -_j W W v N N U) N Nrt O Lrl p J O NUl O J <1 <1 N (U Q 112) IL I n N o n INI ?t N ? tt t to ct ' rtrxI F ????? ?;ro in -i row V) r n:o En x Z3 l< A,a cn 04 ?m K°o(D N H 7-?• jl-J ?Y-' V V IL's N m m m < C, 0 Ito C . ro ?- d. o ! irt ? I rt- z m J J w, w w iw : 0000 . N U7 IV lJ7 m (nxmw ? m ? m ? a c m N m m m n n n m _ ?. m 3 o m d ? 5 m S m' a OD 00 CLl O vq cc trl co Ln W y y a 5 m m 00 I m 0 m N N N D my =6 N rn Ut O1 lJ Ol T m m^ y?"ic'? m o m a Ln Ln w a H 3 ?= - -? - ? = (D D 1 m m ao_ y o m ?w m d ' m ' m? KI .BU( ?D a C l D m iP?? w n m 4? ? JoI as y vii ( m q-, 7A O c T m C) (n Om ?n - m r ti.?'4"'f<`?i:, -- {I T m (l u ++ tw"e err .+ C fi rl`+ ait II m (? ( ??`', -u S Fi't47 G- iML I n m = m L , t ----? - E'er _ N - I N N T `,G er:: e r " ... N N - j N T zl I m ! U t U'1 i U Ln W W O O O O p O O 0 Cumherlnnu CouLy Urban League of Melj=olitan Har, isburg 2107N6St Harisbun, ?A 17101 (717) " Fax (71i?2-" ? -498j Y'\lC.k of Carlisle 301 C St Carlislc, ?.A '1 701: (717) 24:-3818 r ax (71) :9g Consumer Credit CO= c" 9 Szrrice 2000 Ling!,-Town Rd Harrisburg, ?.A, 17102 (717) ?`- 1nCJ Counseling Ser?cc of M,?tilin County 01 w 3rd St Walmesbaro, "'A 17268 (717) 76.:25 VERIFICATION 1, Darnella Ganaway, Attorney Relations Manager, and duly authorized representative of PNC Bank, National Association, depose and say subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities, that the facts set forth in the foregoing Complaint in Mortgage Foreclosure are true and correct upon my information and belief. Darrrefl uanaway Attorney Relations Manager PNC Bank, National Association L <?rn w I'll f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, CIVIL DIVISION No. 07-7094 civil vs. RAYMOND M. SMITH and LAURA E. SMITH, PRAECIPE TO SETTLE AND DISCONTINUE Defendants. Filed on behalf of PNC Bank, National Association, Plaintiff Counsel of record for this party: Brett A. Solomon, Esquire Pa. I.D. #83746 bsolomon(a,tuckerlaw.com Michael C. Mazack, Esquire Pa. I.D. #205742 TUCKER ARENSBERG, P.C. Firm #287 1500 One PPG Place Pittsburgh, Pennsylvania 15222 (412) 566-1212 I' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, CIVIL DIVISION No. 07-7094 civil vs. RAYMOND M. SMITH and LAURA E. SMITH, Defendants } PRAECIPE TO SETTLE AND DISCONTINUE TO: PROTHONOTARY, CUMBERLAND COUNTY Kindly settle and discontinue the action filed in the above-captioned matter in favor of the Plaintiff, PNC Bank, National Association, and against the Defendants, Raymond M. Smith and Laura E. Smith. TUCKER ARE SBERG, P.C. By: Brett A. Solomon, Esquire Pa. I.D. No. 83746 1500 One PPG Place Pittsburgh, Pennsylvania 15222 (412) 566-1212 Sworn t a subscribed before me this day of April , 2008. ono)l Nota blic My Commission Expires: Notaft Seal KeAy J. M1zak Notary 13ublic city of P gft, Alegh&V Cots* NN Carm?isslon E)#ree May 23, Zoos Member, Pennaylvanle Aewdatlon of Notaries BANK FIN:324351-1 000011-133910 C> ? r- <::? C7 , ? ?: ??. •--? e" ?' -? '?y ___ y rr (° S _j - h t..'7 ".?3..5 SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-07094 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PNC BANK NATIONAL ASSOCIATION VS SMITH RAYMOND M ET AL 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: SMITH LAURA E but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of YORK County, Pennsylvania, to serve the within COMPLAINT - MORT FORE On April 30th , 2008 this office was in receipt of the attached return from YORK Sheriff's Costs: So anns_w,..e?r Docketing 18.00 Out of County 9.00 Surcharge 10.00 R. Thomas Kline Dep York County 27.04 Sheriff of Cumberland County Postage 1.82 65.86 ? S?o7?bP ?,, 04/30/2008 TUCKER ARENSBERG Sworn and subscribe to before me this day of A. D. ` nRK, INC. Ph (717) 843-4078 Fax (717) 848-1360 COUNTY OF YORK OFFICE OF THE SHERIFF 45 N. GEORGE ST., YORK, PA 17401 SERVICE CALL (717) 771-9601 SHERIFF SERVICE WSTFIMTICM PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEASE TYPE ONLY LM 1 THRU 12 00 NOT DETACH ANY COPES 1 PLAINTIFF/S/ PNC Bank National Association 3. DEFENDANTIS/ Raymond M. Smith et al 2 COURT NUMBER 07-7094 civil 4. 1y"'""" "llVRGUMru+ININOTICE 9CIMF dotice & Complai-nt SERVE 5 NAME OF INDIVIDUAL, COMPANY. CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD Laura E. Smith 6 ADDRESS (STREET OR RFO WITH BOX NUMBER, APT NO, CITY, BORO, TWP. STATE AND ZIP CODE) AT . 183 Lincoln Street apt 2 York, PA 17404 7. INDICATE SERVICE' O PERSONAL l] PERSON IN CHARGE EPUTIZE b,"aT_J? ? 1ST CLASS MAIL 0 POSTED O OTHER NOW April', 2oub 20 I, SHERIFF OF ?r1 COUNTY, PA, do hereby deputize the sheriff of York COUNTY to execute this W ' e return the ording to law. This deputization being made at the request and risk of the plaintiff., SHERIFF OFD UNTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVIC -CO , `` m er-I Please mail return of service to Cwnberland County Sheriff. Thank you. ADV FFF PAID RY ATTY_ _ NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction. or removal of any property before sheriffs sale thereof. V. I TM: NAM: an0 AUURE55 of ATTORNEY /ORIGINATOR and SIGNATURET U C K E R A R E N S B E R G , ESQ. ?12-566-1, 0. TELEPHONE NUMBER 11 DATE FILED 1500 ONE PPG PLACE, PITTSBURG, PA 15222 1 2 4-7-2008 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed A notice is to be mailed). CUMBERLAND CO SHERIFF SPACE BELOW FOR USE OF THE SHERIFF - DO NOT WRITE ULOW TIES LM 13. 1 acknowledge receipt of the writ 14. DATE RECEIVED 15 Expiration/Hearing Date or oomplalnt as indicated above. _ .. - _ _ - - - 16. HOW SERVED: PERSONAL r-+--1-d N RESIDENCE ( ) POSTED( ) POE( ) SHERIFF'S OFFICE ( ) c uun I n OTHER( ) -n-ilium SEE REMARKS BELOW I hereby certify and return a OT FOUND because I am unable to locate the individual, company, etc. named above. (See remarks below.) 1$. N#ME AND TITLE OF INDIVID L SERVED / LIST ADDRESS HERE "OT SHOWN ABOVE (Relationship to Defendant--- 19. e of Service 20 Time of rvice S ? - 1'quae ? / / q-11-1* ? 21. ATT TS ?a(e Tjj Miles 1 Date Time s Int. Date Time Miles Int Date Time Miles Int. Date Time Miles Int. I Date Time Miles Int. 22. 23. Advance Costs 24 Se ice Costs 25 N/F 26 Mileage T27. ge 28 Sub Total 29. Pound 30 Notary 31. Surchg. 32. Tot. Costs 33 Costs Due elund Check No. $100.00 ?C3 ?d 701 34. Foreign County Costs 35. Advance Costs 36 Service Costs Cert. 38. Mileage/Postage/Not Found 39 Total Costs 40 Costs Due or Refund 41. AFFIRMED and subscribed to be (#e me 42. day & A P 'NZQ W4aj NC SFAL B LISA L. E 4hF=,N. NOTARY PUBLIC CITY OF Y, R'K, ','0RK COUNTY MY COfM7 1SSICr? FXF%lRES AUG. 12, 2009 44. Signature of * .Dep. Sheriff 46. Signature of York County Sheriff RICHARD P. 48. Signature of Foreign County Sheriff SO ANSWERS 45. DA -I J f l e-7 47. DATE R, S 4-21-2008 49 DATE