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HomeMy WebLinkAbout08-1733IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, CIVIL DIVISION No. 08- 1133 Civi l (e-nn vs. RALPH L. UMSTEAD, JR. and KATHLEEN L. UMSTEAD, CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE Defendants. I hereby certify that the property to be foreclosed upon is: 125 E. Locust Street Mechanicsburg, Pennsylvania 17055 Borough of Mecha 'csb g Tax Parcel No. 565-126 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 bsolomona.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:314324-1000011-134504 I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, ) CIVIL DIVISION Plaintiff, ) No. VS. ) RALPH L. UMSTEAD, JR. ) and KATHLEEN L. UMSTEAD, ) 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:314324-1 000011-134504 . t 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 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:314324-1 000011-134504 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, VS. RALPH L. UMSTEAD, JR. and KATHLEEN L. UMSTEAD, Defendants. CIVIL DIVISION No. Ob I733 l.Ltyc( ?1.t r? 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, Ralph L. Umstead, Jr. and Kathleen L. Umstead ("Defendants"), are adult individuals whose last known address is 125 E. Locust Street, Mechanicsburg, Pennsylvania 17055. 3. On or about November 21, 2005, Ralph L. Umstead, Jr. and Kathleen L. Umstead ('Borrowers"), executed a Note ("Note") whereby Borrowers promised to pay to Bank the principal amount of $15,164.50 plus interest as provided therein. A true and correct copy of the Note is attached hereto as Exhibit "A" and incorporated herein. 4. The obligations evidenced by the Note are secured by a Mortgage dated November 21, 2005 (the "Mortgage") given by Ralph L. Umstead, Jr. and Kathleen L. Umstead ("Mortgagors") to Bank, encumbering certain real property located at 125 E. Locust Street, Borough of Mechanicsburg, County of Cumberland, Pennsylvania, as more particularly described therein BANK FIN:314324-1 000011-134504 ("Premises"). The Mortgage was recorded on January 17, 2006 in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania in Mortgage Book Volume 1937, Page 3108. A true and correct copy of the Mortgage is attached hereto as Exhibit "B" 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 July 20, 2007 and as of December 5, 2007 was past due in the amount of $933.35. 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 September 20, 2007 and December 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 "C", collectively, and incorporated herein. 9. The amount due Bank under the Note and Mortgage as of December 4, 2007 was as follows: Principal $13,630.43 Interest through December 4, 2007 (continuing thereafter at $2.8984 per diem) 389.15 Insurance 84.96 Late Charge 60.00 Recur Fee 20.00 Attorneys' Fees 1,015.00 Costs to be added TOTAL $15,199.54 10. The total amount due to Bank under the Note and Mortgage as of December 4, 2007 was Fifteen Thousand One Hundred Ninety-Nine and 54/100 Dollars ($15,199.54), plus costs and attorneys' fees. BANK FIN:314324-1 000011-134504 WHEREFORE, Plaintiff demands an in rem judgment in mortgage foreclosure for the amount due of Fifteen Thousand One Hundred Ninety-Nine and 54/100 Dollars ($15,199.54), plus continuing interest at the contract rate from December 4 , 2007, late charges, reasonable attorneys' fees and costs of foreclosure and sale of the Premises. P.C. By: Va e t(A. Solomon, Esquire . I.D. 983746 1500 One PPG Place Pittsburgh, Pennsylvania 15222 (412) 566-1212 Attorney for PNC Bank, National Association, Plaintiff BANK FIN:314324-1 000011-134504 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, CIVIL DIVISION No. 0 e-1'7 3 3 VS. RALPH L. UMSTEAD, JR. and KATHLEEN L. UMSTEAD, 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, Ralph L. Umstead, Jr. and Kathleen L. Umstead, are not members of the military service of the United States of America to the best of my knowledge, information, and belief. Brett A. Solomon Attorney for PNC Bank, National Association Sworn to and subscribed before me this da?L?f 200_S seed ??ar,t.??`. Gour?N My Commission Expires: Gry?iJleg? of Notaries nla Aaaodatto" .gear. POMMa BANK FIN:314324-1 000011-134504 (Page 2 of 4) Page i of 3 Direct Installment Loan Disclosure and Note Le der ... Bask Nrddonat Aaedation PNCBANC Date: 11[2112005 Borrower: KATHLEEN L VMSTM n RALPH L 1MiSTEAO JR Items preceded * 0? err ant appeta g udess radud' ®' or the equivalent. Truth ins-Lending Disclosures Itemization of Amount Fmoncetl Sacrrler. Lender it yattiei a security interest in deposits or lab Charlie 0 Not AWnb e. LLJ R a fellow a AN Pm fly held by Lends ad: in hill within 15 days of its due data, Borrower may be charged None (? Boccie or property benlf Pudewd• to rem of 120.00 or 5% of the tote) paymenL have Real Esnn. LJ t4gayeava t If Berrawa pays off early, Borrows will not to pay a penalty 1ta4*W oepsit Balaca® Not Applicable. Q The Amuel In a llgOL cdo and onto then Borrowers Principal N*blOl Paceotage Rate does as take fat aeeoum any regared deposit securing other ohtiiatioaa to Lerida may ale secure this Note. balance. QNane Filiing rp F fees i 65.50 0e If this ben a secured fry a dweiip wmo°a Ssur i Inman C Purdwine then d"dr0 tenet Resume the remainder at the ben on the original terms. variable Rate ? Not Applicable. This Into toenail a vaciahle nn tnatua. O'nsdaara shout the veriehle rata balm have bean provided you eater. n TAr Wi/ SYnM Jarael increases. The rata wig not ® The Annual Pmew$P once a may Thehe a if the Thine Rate pnran d -fd and will not increase eon often than an o ono a madly. The rate will not iaa Ron tase then on percentage Polna in ? my ow increase moo than fm percentage paints during the tern of the bore. The rate we never increase beyond 18%. Any increase in the ran as a result of an inrsaae in the bdK may cow the mbar of prynarns to irirna , andle: Q the allow of tie feel firmoot to deign. The foal payment will never be leuensed to more the 150% of the regular payment. Far aarple, N yet into were for $1o,000.00 at an initial rate of 13 112%, repayable in 48 rnonW1 payrtenes of $270.76, ad the rate increaed to 14 tfl% after 12 peyrnenta, incraawd to 15 112% after the next 12 payments, end then remained the some for the term of the boa, you would he regind to pay can alditiard paynen of $254.88. Q the woo of the peymems to chi The amen[ of the payments may nanse every four Yens. The final payment will never be lowered to more the 150% of the ropier peYmnt. Far example, if vow ban were for $10,000-1110 at an initial rate of 13 112%, repayable n 72 monthly payments of $203.39, ad the fete increased to 14 112% after 12 payees, increased to 15112% atim the rest 12 payments, and than rem" the see for the tam of the Im the papeut aunoett would increase to 1227.12 far the 49th though the 72nd pai rrms, Q If Bonewers participstion in the automatic payment plan is discontinued for my ressas the Automatic Payment Plan Discount of percentage points will terminate and may cam the rate to unease. Any increase in the rata will cause the arrow of the payments to iscresse. For example, if your ben were to 1y0,000.00 at an initial rate of 13112%, repayable in 48 moathly pad ms of $270.76, and the Diseamt arrested Site 12 parsones, the Pa1'eeat arut waid increase to 3 remainder o1 the term of the Note. IThe payment example asunas Borrower has not elected to prrchaer Credit lawn ce.) Q If Borrower's participation in to Club of Package PIN is dncamkvsd for arty mum the Club Discount of percentage points will terminate and may ease the ran to kmase. Any increase in the rate will team the cent of to paym in a to increass. 1270 s. For example, R your inn were for $10,000.00 a an initial interest rte of 13 N2%, repayable in 48 monthly papaam end the Club Discount terminated after 12 payments, the payment amewd wioeld increw n $ fa the remainder of the elee -A --4- Credit Inwrmr.i tun Fray ad sir sedomese Stsm=M Amman proll directly to Borrower SIR sett ersest Stomw Amount paid n Wmwmers seeouo SIR Settlement Statement Amwed retailed by Leader for Ammon paid to others oo Borrower's at to public officials Sir Settwem Statement for credit insrrnrce to See Settlement Statement I to 1 to to to I ' France Ckwr Invitation of Amounts paid by Borrower term of the Noe. Me peymem Kemple asmm Bwrowe an ant to red repayment n 1W baton the see Vow contract docrmeats forneyY adddieruel idormti n choir eapayffAK detadt. uy twoThe estmate of the payment woos in the srdvNuled date end prapeymnt ntunds and parel8as Payment Schelde and the Tod of Cancel Credit Insurance at any Tinte Without Payments indudK a unwm of the crack Credit Insurm Is Not Required. Bofsewer May iss Borrows .erect pnniunt if applicable, and Penalty. Credit Life Insurance ed Credo DiubilOl' loaonoce NO oar repwad n obtain credit and win not be Provided ur mes that the lestrance will Continue for signs below ed egress to pay the additional costal. Insurance mat be purchased an the its of an err two Borrowers, Credit Disabi ty assu the term of the inn. The estimate she Insurance may be purchased an only on Borrower. If obtained through Lender the cat of the instance for the or*Wnd ton of the credit is will be made stated below. lender nay rative financial benefits bum the Barewers purchase of insurance.'Sonewer' who is insured may net be a wasmm flea all payments wdue. Cc-Maker. I worm Single Credit Life Insurance which costs It Signetere of Perm to he insured to Single Credit life Insurance 1 want single credit Dimly Insurance which costs $ Signature of Perron n M insured la Sigle Cre&1 Dlee In , ? V/ We were Joint Credit Life Inewance which costs $ 1,295.09 n?ate ''D Signatures of persons to be hawed for Jont CreriI Lfin Ira ironer Borrower does not desire or is riot eligible for credit insurance: Signature of Borrower Notice to Borrowalsl The maxlevrru aneuto of coverage which insured Binswerls) will receive is set forth in the certificate or pofrcy, a applicable. Direct Loan Note Index. The index is or Daly helance.»._-.._..__- _ •..•-___.__4,8 Magn...__..... -_.... 4,8 Monthly convenience end reference. It shelf not limit the meeting of Daly interest ride 14 Monthly payment charyes,__..»_________......_._- 1 scope of any paragraph or section. The numbers refer to the Defandt ,,..___-...._:.-_...:.-: -- peragraPh ambers of the Non. Definition 1 Multiple partite 25 Delay in enforcement ---°__.._..._.-....... __.,._._ 18 Paid in hill decks 29 23 Psymem nppfcadon --..,»,.__..----.._-...---___-.. 9 Acceleration of the outstedng bdace...._ - -.14 DeDon------_..__..---.___ 29 Payment Due 3 Assignme of payments..___-----•--_..._.....__......_ 9 Early d debts ... _--^--.._..__..-----_.__._. A nt».._.._..___..._.._..__ ...._24 aIyPayment Scheduh___..____.._..._...___....._........_._.?.7 Attorneys' 2.22 Finnee Personal rearesemetivesMund-_-__.....---_....27 tees.______......_._. theNa----_-__....---.._....__......-....... 5 Hood iauraxe....... .------ .._.._._.._.-.____._. Prepayment .......... _..••...-..-»•-....__.________.»__ Automatic Payment plat..........-_. 28 Promise to pay---_ -..--_-•-----^___..---.._.....2 lmv.._..„ ....._..______----......._----• 20 Borrower'zrosptosibiites-.___-- . 2,14,25.27,31 Governing -___._.._..._........._..__. 21 Property insurance ....... Changes in interest rare....--------__......._ 4,5.6.7,13 Heirs hound _....__»__..__....._ _ __.._»__...- 4 Release of borrowers .-_..__-. ---..-_.......17 Closing costs 2 Index ...__...___------••---.__.__.._..__..__. _._. --....._...__. 26 Rehire of security ,_....---......._-___.-____.-..17 Club or Package Plan .._____._......----•-- _.-_.... - B Insrrarca.».... ___--°-....._____._..-__-___---• Collateral _....._........ 18,20.23 insurance checks 13 Remodel Check Ch ............._.1 Collection expenses -....._____._...,..._.....---------- 222 interest after maturity and judpne Comommieation concerning disputed debts _.,_--- .. 29 Innrest fete,,.......»»_____--.__-..._.24,5,6,7,8,13 Security ____..18.20,23 10 Computing interat ___._.........__-__.....-....._....._-__.8 ten l ftf?s...... _.__ -..' _Y_ --------------- 222 Seen Security interest in deposits -°•-23 rate_._.._.._.•.......--...-.._..._-.._____.......4.5,6 Courtrnsts......__.___.._____._...--....._.......__..._ , Variable Cnedminsunuxe........ ---------------- '.. Lender..._...__...._.._-.........._._.._-_ ................ _.. 21 Waives.- _12,15 I. lenders right toetdorseclrecks...---------_ ....21 ._ - ........ -.----_ . Credit reports ...... ,....... -- Original .. EFORM1086e5 - 0205 0LUCS d 10742679 EXHIBIT A nt tin B fro K% A Total pl of Payments i JAAmowt Firionced N E attttaatt o of U txedit The amount t(ro ortown haw paid after Borrower vided to the Borrower R Tile doAuEattbtat tn the Borrower's has made all payments as The cost of the will cost the Borrowalf. scheduled. Borrower's credt es a yearly rate.6.239 % i 5,460.81 5,164.50 $ 21,920.40 e (Page 3 of 4) Page 2 of 3 Direct Installment Loan Disclosure and Note Borrower: KATHLEEN L UMSTEAD Lender: PK Bank, NnWW Association Date: I1f21f2005 RALPH L CIISTEAD JR Direct Insttatiment Loan Note 1. Definitions. In this Nob, the word'Bwrotw" arras each and ON of than who sip this, No and oak end d of these who encase the check which dslawsos the 'Amoud Nixon directly to Aorta o .' The word IxAff' mm PNC Be*. Notional Association at any pow to wbm this rots Im base transferred. 2. Borrower's Promise to Pay. To repay this boa Borrower inv shent to pry to lender $ 15,164.50 ,with irrorea an the wi sid bdonce from the dais bads rat advanced told paid in fill. Islas sa slid be paid at the ran per moot of 8240 %. Barowcr premsa b ranks prfmab in accar*= wide der Proved schedule stated in this Nets. Borrower promises to pay to Under all Odra arced whisk may becano dues under the tsars of this Nolti incli , N sppGcdk Credit bmm PnatitrtrA Use au rps ad Cab of Collection. Rernwer spas to auehe "from at the place designated by Larder. Ike emu relay ales he respired to pay d Under wish ether drapes before Under will On say to eey to Borrower. Thos dorya, N pry, one stand a pop one iu'hewindon of Ammo paid by Borrower at the time the lam is made" am0s in the Settlementstalemem. 3. Payment Schedule. Bottom agues to pay to Larder tin ansen is due odor this Nom: ® in uimannpted ran* prnanti 119 POYM+ of $ 182.67 and a fwd patow, which VAR be bbd by Leader, of ON . u Veteransdos a the . by of each month atoning an OIROf1Payments win be Pqmm will cation and d soups do are paid. 0 in uninterrupted am* papronts, except for tin mends shown: t payments remaining of It and a find payment, which will be baked by the am fining unpaid onouan. Perrcss will be des on the sere tiny of each math starting a PROVIDED, HOWEVER. the an payments :hail be des rim* tin staid of or each yes. 13 in a sinlh payment oft plus accrued barest and all other rensuns doe an ? In addition. Prix to the month of the fast scheduled payment a steed above, imerest Ad be payable monthly on the aged balance and shed be do a the acme day of the month a der bra papems The data that the find payment is scheduled in this paragraph to be des is cried the "Maturity Dab' of this Note. If Borrower decks to pmdme Credit Inanoce and than starts to raced the Credit Insurance, the Payment Schedule may cbanle a described in do 'Clem bmrana• paw*t 4. Variable Rate. ® Not Applicable. ? The interest tab on this Nos can chap band an chaps in the htanat Ras labs ("I dn"). The rate all he band on the Margin the brda, and applicable dsm^ it any. The bides may cheap from time to tine; the Magri will reoaia the soma for the tam of the Note. The interest rate stated in rho 'Bmrowees Prawn to Pay" is the "Boa Rats.* The Ben Not war computed by mpub Plan adfiq the Margo to the Vilified Di and is the Club Di India, it applicwal then able. Ima nt rare tM ro Automatic Payment addrrl the Margie to the current Index at the time of the n oaapt adlatmmt Isdn6jat to o the ha fminiiers described below), will than subtracting also Automatic Payees Plan Discover andfor the Club Discount. if app6eable. Tin isenst aim an this ism may be adpated nwabhy, on the first c I I day of sub dada monk beginning in do comb aher the hinds are advanced. The Me* is paantop points The Index is the how pine we published in the "Abney Row section of m wag' Shat urad rPrins, Ras') on des lase by a which the Price Rate is pis- it in the procinfing almder wrath. The Intel is not osiessergy the lowest rate dw d by Lender in lown. H the lades drd am to he ovabke, lands slid sabet a raw Wan. hick in Larder's sole opinion wpm a mosonabb basis, is co perbb to the Index. Tim seed Merest tee will mot increase or decrase mesa thus oat percentage point bate alader moulk end will riot am= to decrease mom than firs percentage points boring the term at the bat, due to charges in the Imes. IA dump cased by a lumluhatle of the AsaeMb Partners Plan Mixture a the Club Discium is not shim to the "ffd o sat forth in do previous semen e.l Tic moved interest rate will not exceed 18%. 5. Automatic Paymerret Plan. ? Not Applicable. ® Borrower oshorhes Leda to deduct the payments an this ban from Bomwer's deposit eeant make 5004677056 an cab scheduled payment du dos The interest rate an this ban may inocrease by 0.250 parcentap pints l"Autsnaic Payment Plan 04mo) 9 participation in the aaanttc payment On is duosiwed for ON mum including: (al if any Brower chooses to bnwnte pan' I "ouc (bh the deposit account Wrdtfed above is client or le) H there we not sufficient furls is the account to make the full monthly paymed n the paymrd dates. 6. Club or Package Plan. ? Not Applicable. ® Borrower is perfiripling in the package of bmkiuo services known a, or is a pualified member of a dub group known a: CHOICE The interest raw an this am may increase by 0.250 percentage points rClb Dsrnat"L H participation in this Package Plan or Club Group is discontinued for any reason. Monthly Payment Changes. The payment amounts will an change over the tam of the ban except as sized in the Payew. Schedule.' ® The payment amotarts may increase loin will not decrease) if Borrower terminates participation in the ®Ckhb m Packap Pia ®Aatom rtic Paymert Plan. Lander will determine the amount of owl rmmby payments that would be sufficient to repay in tot by the Maturity Dale. the upaid pfiu k balance that is expected to be due on the payment cheap data, at the new interest rare. If the payment amount wit increase. Lander will notify Borrower of the affective date and amount of the now payment. ? Changes in the interest rate may rouse the number of payments to cheap "or the amour of the ford payment to dump. On month before the Matuity Onto, if acessary, the rower of payments; des will increase so the Ito final payment will net be non then 150% of the previously scheduled monthly payment. ? Changes in the interest rate ray cause the mummer of payments to cheap adfor the aaamrt of the payment; to icnae; rim fast change in the payment a ov t may occur on a date 48 momds aho the due clam of the first nenlHy payment: suduarere changes H applicable, will occur every 48 months thereafter. Not more then 45 days, but mar less than 25 days, before the dab of am* payment dings, Larder will calculate the am payment amount. The ptpnnt wrous may hrcreass but wit not decrease. accept for the fund paymentwfireient to ? am will dotal mi the interest of i do 11tworkp Dos, do u=a* payments rim would be npaid prhripal balres riot is ap inch b be in an the pop a. change dab, at the interest rate In effect at the time the edabtion is bring node. Lander win safe Borrower of the new emnourd of the payment which is due. Orr month before the Mawin Cob, If necessary, the wanber of papwsls de will iCfeae an to the foal payinit will rot be non their 150% of the previously sckeduled noddy permed. S. Computing Interest. lows is clowi d an a defly basis, according to the outstanding balance sect to I m- an each day of IN ban tats The daily iataeat rob Is egad to the wand ideal rate in affect on that day divided by the mnber of days in that aladr yew. Bottom spas that beeauo irbere if is caledevid an a ddy bait, tab psymrnta wN send[ in additiwol bhrest tad, N appfmabb, a we changd; early payments vin raadt it has nlsaat bang charged. If to i tow ran on this Noes wl not cheap boesea of wages is the fades ban the "Variable Rn" see" only ardkr lots payments eta can the &=on of do fbw pysent to canna. N des known rate an fills Non ern change becsee of changes in The lades (sat the •Vatiebe Rate salat early andhr bb payments will cause to unbar of payments dos, the mesa of the p*n ms IN des wtaatt of the paynseres is sbject to damp ewey 48 mufti ads the watat of the find payment to change. S. Application of Payments. louder will apply paper in the fears ing order It Pwity: CMA Oman lawitss, I sp. interest, We charges, fees. aid than pime4 1 AN regular payments will be app W to the satisfaction of scheduled paymsms n the orderin which they become the. 10. Late Charges. ?llot Applicable. ®Omnower apses the Leda may lab assets as 10 c for air papers not paid in ftdi within 15 days of its due das. The charge will he the pasts of $20.1111 or 5% of der total mmd of iha pay an which war not poid it full. No hat crap will be due, however, if the reason that do paymet is We is Wwr: (al attributable to a late deep nound on a prier payment; or 00 became, after dafad by Bantus, the mtbe autstardwg halance on this Non is de. No room the one We deep wN be Imposed for sry single acledideit payment. 11. Return Check Fee. Borrowers Was that Under may assess a in of $20.00 N Bower maim a paymtram with a dock that is retuned by the drawee for 'rot suf dwk funds" in the accent on wilds the dodo is written. 12. Waiver by Lender. If Borrows has soda or sakes in the future aadve kern ng saes with Larder, lender it * obtain a security interest in the principal donbil of Bansvva a seamen she to secret 00 other bran apament. The security Wanm may provide the ire principal dwdbq secu s not wily dot agent low agreements but on ON other loan agreements of Bermint with Linder. Lender waives hires ad cry dofm to claim a security interest in the principal dwehfaq of arty person to seen this Note unless do acuity immst is specifically lint to serve this Note. 13. Interest After Maturity and Judgment. Union prohibited by appbabb law, interest a the ran provided in this Noe shall tmmkwe to accrue on the mW balance oho paid is td, am after (whetter by acceleration or otkerveirid maturity. mdlle N Borrows beamaet a dolls in an action filed under the Bankruptcy Cote ardior if J4. me is anaed spirst Borman fir the ainoos dm. If at sly rime merest as provided for in this paragraph is rat permitted by low. interest shall, it that event and at that lace, accrue a the Mo m aim lowed by applicable low. If IM irteea rate on this Nob can cheap, the ieerat rate which war apply beginning on the date a lawsuit is Red by Under ski be the Interval fee in effect on flirt dot or the interest ratt stated in the 'Borrommr's Protein to Pay,' whichever is Len. 14. Def sac t. (As used is this prngraph, the term "Borrower' includes Borrowers, Cs-Makers. Guirw arc marine, ad any owner of property which is security for this Nate.) Btrmover will be in default., (a) H Bonovmr dap net make arty payment before or on the date it is due; or Od if Borrows fob to keep any promise mode in this Nob or defaults in any other note, bm or apm m with Lender; a (d if anyae who signs the security apamat or a mortlap securing this Note breaks my promise made in do acuity apemen or mortgage; including but rho limped to the permits tin to sal, Biro away or transfer title to the property which is the subject of the m wtpp or towity it inner or Ill if any property in wildh Under kus obtained a security interest to secret this Nob blast, stabs Will not recoraed within a to , 11 time) or destroyed; or del H Brower has rode ahoy wan statement or mWepraemaian in the credit application or say other cadficm or document given OF made fa this Im OF 10 open the death of Borrower or any ono of then it thems am thanons; or (el if Borrower provides Lender with false bdmnetin or forged siprateres awry time; or 00 if s count with proper jurisdiction is do so finds that Borrower, or anyone of them B incapacitated at incope rot; or (d if Lender in good faith believes that the prospect of Borrower's payip this Note is inpai ed. If Borrower is in derfab, the entire outstanding balance on this Note shell be immediately due, at the option of the Lender. This wall happen without any prior notice to Borrower, or right to ere, except a may be required by law. Borrower will she be in default $ if Bonower becomes insolvent andlor cannot pay Borrower's debts as they bum due; or Ikl H my other creditor tries by legal process to take my money or property of 8omwer in the lams possessin or II if Borrower fibs a bankruptcy petition or it arryoa ties an involuntary bankruptcy spinst Borrower; or lmh 6 Borrows makes an asilrmenl for the benefit of creditors or any insolvency, reorgaviratim, sraryencd debt adjstment receivwship, trusteeship, bodation OF other legal or anitshh proaedin p are instituted by a against Borrower; or W it any Amen, tax lien, municipal charge or tax levy is fled or writ of execution is issued agairat Brower. EFDRMIOeae5 - 0205 (Page 4 of 4) Pape 3 of 3 Direct Installment Loan Disclosure and Note O PNCBAW Borrower: KATNIIdiN L UMMAD Lender: PNC Bash, National Association Date: 111218006 RALPH L UMSTEAD JR Direct Installment Loan Note-continued if ory avoid described in a M, f4 (al or ltd happens, the Balks outstanding ba once on dig Note shelf be inme6sMy due witlaut NJ prior notice to Borrower, or ripM to an, 0:90141 a may be mgdred by low. A defedt by Borrower on this Note is a default an every ether rots, Ism or egrsereat of Borrower with Lander. 15. General Waiver Provisions. Bottom waives presermmnd for writen6 demnd, protest, notice of protoL "or ad d other indices or dertlsn I in- rsaWon with the dsf very, acceptance, performance, defaN a aafacemem of this Note. Borrower further wren my riqlit to rerpirs due diierh9e is tslfaetlun by Under. Any Bsrrowwr who is a residam of Virlkn further vision the beset of only exemptai s under Wrinls law a to the property is which the Lender his obtained a sewity interest to secure the obfipsm in this tote. 16. Delay In Enforcement. Leda can delay onfwdq my rights under this No without being any dgW Urdefs fain to enhance nay right rake this Note shd eat act a a waiver sf that righter pnxkds the exercise of that right in the event of a fuas ocarrancs of the sea ant. Under can sho extend the tier dowed for making IF , on a. and sock extension died not affect the obligations of any Borrower. whether or net the Bo moor Is given not" of do moseelsn 17. Release of Some Borrowers or Some Security. If theme is men than one Bonower, am* apses to remain bowl by this Nora, ddla* Lender may refuse air otter Borrower or release or substitute my property which is security far the repai nent of this Mae. Borrower waives all dOhwes based on stnlyshp and ngakmml of collateral or secuity. 18. Security Interest Charges. Borrower apses to Pay any recordnll, filing, sstisfaetial Pod ousbnnsa fen which may be charged. The charges as to repay Landis for the fees paid to Pubic officials to protect Contin a, OF fallen my nwity irdsraas gives in the security agreement or mortgage. 19. Prepayment. Boo two an" Proper. in full or in part der atoned roved an this Note at any time without penalty. N Borrow prepays the Ion in part Borrower spa to con iwe to mob regularly sledded payments until all mama der under this Now we Paid. 20. If Lender Obtains a Security Interest to Secure Borrower's Payment of this Note, Borrower Makes the Following Additional promises to Lander: (a) if Property naance is rw*d by a man" Nvila security egrmi Fit soaring tie repayment of this Nate anllm 0 flood nswom is required by federal Ira, BORROWER MAY OBTAIN THE INSURANCE FROM ANYONE OF BORROWER'S CHOICE subject to Ladies reasonable approval If flood innranre is rsqukad Borrower has hose separately otifed. The property insurance noun cards loss of or damage to the collateral and must be in a emaan sufficient to proton faders interim flood iauence most he of the type and in the am m replied by federal law: Oil Borrower agrees to provide Lender evidence of required insurance. AN policies sum name Lender a a Ion payodint red pony and mat provide for a least 10 days written notice to Lender of reduction in coverage or uncdeipm (d if Germans fds to keep in face the required insurance Ndlor his to provide evidence of suck i ourac to Under, Lender may olify Borrow that Business should purchase the required insurance at Borrowers enI . If Borrower fail to purchase the insurance wit* the few stated in the notice anNa fail to provide ewA , of mall iarsaea is hauler, lender may purckesP ksrrance to protect larder's h waist, to the arm pemdtted by appkahlu few, wd charge Borrower the cost of the prolate and any oche an iums Under incurs in Purchasing do iwaNxe. THE INSURANCE LENDER PURCHASES WILL BE SIGNIFICANTLY MORE EXPENSIVE AND MAY PROVIDE LESS COVERAGE THAN INSURANCE BORROWER COULD PURCHASE OTHERWISE. Upon demand, Borrower promises to pay Welds the cost of iarrance ptrclssed and soar amounts incurnd by Under. Borrower agrees that Leader may. H permitted by applicable law, add the rat of the insurance to the anowds our which interest is charged at the ran provided in this Nate. In certain state; the spired inarmes nay be obtained through a licensed insurance agency affiliated with Under. This agency will rouive a to for providing the npdted insurance. In addition, an afiists may be resperaole fan sere at d of the aldedyiq inanrm rids and may receive cordpo salion for asamaig sack risks. If additional infanatial is retprod corceraig kwnamu or our affliate araipmams, prom contact Centralised Cesnrrer Assistance, 2730 Liberty Avenue, Pittaberih, PA 15222: 14 to pay all taxes do on the collateral. H Borrower does not pay the taxes, Undo has the option to pay the times. Upon denarn I Borrower proraises promptly to repay to Lander my ameuns paid by Lender for taxes; (d 'd alder gets a security interest in stock or sectrities, the vane of the collateral may becorne insulfdem to protect larder. If that Isppems Borrower egress to deliver to Larder additional collateral which Lender heieves will be ewuih to pow lender; 10 to allow Leader the right to Inspect the colfawd at any mason" time, and to mantas the collateral in god endrtion and repoir: nannshle weer and laid excepted: IN) H Nauss in advanced by tender under this Note for tans sow iauran, Leader may, at its option, H permitted by applicable tow, add the armuan so advanced is the outstanding balance and tapirs repayment with interest by ncroskg the i stalmem payferas so that the ouererhdrp principal bdarrce is ropoid in full in substantially equal ketelfmerns; on the due date stated in the payment sdeAle: and IN Borrower's prarrdns fade and Lenders rights set forth it this section shelf not merge with my judgment in any legal action and deg apply until all amours owed we paid in full. 21. Lender May Sign Borrower's Nance to Insurance Checks. Borrower gives Lender the 69M and power to sign Borrowers home on wry check or draft from an insurance company. This is limited to a deck er draft in payment of returned pftahuss, benefits under credit We insurance or credit dsabiify insurance, and clans erode under Physical dasage insurance and flood insurance covering property which is security for this loan Borrower does rot have the right to and agrees that Borrower will not. remke the power of Under to nuke Borrowers 1w ersemmt. Under ever su risks the power for Lender's' fit std not for Borrowers benRL acept w of audso prorvlud by hew. 22. Costs of Collection. K Uler fin Pit or takes action to collect this lean or protect the collateral or the Undoes smcuky interest in it. Borrow elm to pay denbes costs and o pom to do se, if Larder is Im. itM by applicable law to regain Borrower to pay them trots. What suck action 'a td nn in Ohb, this slid include etterwys' oa aced erpaaes to the mexioean ammad permitted IY oppieeblu reasonable law. 23. Security Interests in Deposits. The Under may me-off Pay moons do ml sapid under this loon egeiat any of Bo row w's many on deposit with lewder. This includes any toersy which is now a may in the future be dopedh l with Lander by Borrows or with any co•depeaiar, including Borowds spends. This also includes my proper erddA securities, or many of the Borrower, which may at any the be delivered to or in the possession of the Under. This may be date without ary prior notice to Borrower. 24. Assignment. Borrower ahoy not asipm or otherwise traefer his rights udsr this Nofa to nttana elm. Lender may self, tronsf r, or essige this Note, and my security epeenrnt miler NW" haver to man this Note, s d Borrown's rights and dkMiana who thin WO will cathma aeshnged, 25. Multiple Parties. If then is men thin one Borrower, each egress to be raapeneile to under, nd6wasy, e end together, for peyn ant in fall of this tae. Borrowers ape that payment Pfd or pert of the proceeds of this Note to mq Borrower or to opera dm ds the direction of my Ranawa will he the epuivabod of papom to oak Berrome and for the baefm of d Borrowers. 26. Credit Insurance. It Borrower Ion shitted to pendant credit irsaores, Borrower may canal that inPranea at my ties without poetry. In the evert of caoedotion, the Payment amounts shown in the 'Pavo mt Schedule" will rat hula"; rafts, the Mee will be paid off rove quickly site an of the psymmt wB be directed to peyowd of the principal bd mu of the fan 27. Hairs and Personal Representatives Bound. The previsions of this Note did he binding upon the Borrower, ad the basis and permed representatives of the Bemnwer. 28. Governing Law and Construction. This Now his base steepled by Loft in Per miss add bans slid he satanded by Leader to Borrower in Panwybaia Regardless of the aten of Bamwers residence or the play to which Borrows sobmittsd se application, Borrower Was that the provisions of this Nate rd q is bmerast dialled red less ahell be governed by and cenawd In accordance with federal law end, a rule applicable by federal law, Pennsylvania law. Unless prompted by federal few, other subsnrtim fares and proftexs shtK be goverwd by and coesnad in accordance with the few of Pemsylvanis procedrrel matters mlati g to the a krcemem of the obligations evidenced by the Note and rtattora related to the raft perfection did enforcement of a security Interest securng this Note, if any, shel be gavemed by the Imn of the state where the onfaorrwt, grading or perfection takes place. 29. Communication Concerning Disputed Debts. ALL COMMUNICATIONS BY SOFROINOVTO LENDER CONCERNING DISPUTED DEBTS, INCLUDING AN INSTRUMENT TENDERED AS FULL SATISFACTION OF THE LOAN, SHOULD BE SENT TO CENTRALIZED CUSTOMER ASSISTANCE, 2730 LIBERTY AVENUE, PITTSBURGH, PA 15222. 30. Credit Reports. BORROWER AUTHORIZES LENDER TO OBTAIN CREDIT REPORTS ON BORROWER FROM TIME TO TIME AT LENDER'S DISCRETION WHILE BORROWER HAS A LOAN OUTSTANDING WITH LENDER. 31. BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETELY FTLLED4N COPY OF THIS NOTE AND DISCLOSURE. BY SIGNING BELOW, BORROWER AGREES TO BE LEGALLY BOUND BY ALL THE TERMS AND CONDITIONS OF THIS NOTE. Eadn of the Borrowers parssten that the signature of any Borrower is gom e. NOV 21 2005 Boronmes Sigrutum KATHLEEN L UMSTEAD Date 9, U/ir?c ,f? NOV 212005 Borome gn*n RALPH L UMSTEAD Date 32. CO-MAKERS SEE NOTICE TO CO-SIGNER BELOW. Any Borrower who is designated n a Co-Maker agrees to be so* responsible with all arm Borrowers for the psyne d of tho loan end performance of 011 promises in this Note. Co-Maker's Sitinure Date Co-Makoes Sipnatun Date NOTICE TO C&MGNER You are being asked to guarantee this debt. Think carefully before you do. If the Borrower doesn't pay the debt, you will have to. Be sure you can afford to pay if you have to, and that you want to accept this responsibility. You may have to pay up to the full amount of the debt if the Borrower does not pay. You may also have to pay late fees or collection costs, which increase this amount. The Lender can collect this debt from you without first trying to collect from the Borrower. The Lender can use the same collection methods against you that can be used against the Borrower, such as suing you, etc. If this debt is ever in default, that fact may become a part of your credit record. 06.1-l (Page 2 of 4) Prepared by: PNC Bank - Consumer Loan Center Mortgage Servicing Mailstop P5-PCLC-01.1 2730 Liberty Avenue Pittsburgh,PA 15222 Telephone 412.762.6728 Return to: PNC Bank - Consumer Loan Center Mortgage Servicing MaiIstop P5-PCLC-01-1 2730 Liberty Avenue Pittsburgh, PA 15222 ?O Telephone 412.762.6728 UPI #:17-23.0565-126 Mortga?e (Closed- nd _. l: .. i... ?.f .. ?.. .. .11- S July 17 Aft 10 `{y OLNACS # 10742679 G. PNCBANK THIS MORTGAGE is made on 1112112naS . The Mortgagor is RALPH L UMSTEAD, R THLEEN L UMSTEAD If there is more than one, the word "Mortgagor' herein refers to each and all of them. The Mortgagee is PNC Bank, National Association. The word "Borrower" means KATHLEEN L UMSTEAD RALPH L UMSTEAD JR. If there is more than one, the word "Borrower" herein refers to each and all of them Borrower owes Mortgagee the sum of Fifteen Thousand Ora Hundred Sixty-four Dollars And Fifty Cents (U.S. $ 15,164.50 }. This debt is evidenced by Borrower's written obligation (referred to herein as the "Note"), dated 1112112005. 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, andlor renewal of any of said indebtedness, interest, charges, costs and expenses; (e) the performance of Mortgagor's andlor 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 or hereafter erected. and all easements, rights and appurtenances thereon, located at and known as: 125 E LOCUST ST MECHANICSBURG PA 17055.3841 CUNIBERIMD Recording Onto 0911611982 Died Book Number X20 Page Number 257 Tax Parcel Number 17.23.0565.126 Lot and Block Number NIA NIA ,;7 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 andlor 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. PA EFORM 115323.0505 Page 1 of E E XHIBIT BKI937PGJ108 (Page 3 of 4) N Covenots. 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 andlor use of the Property; (c) If the Property is part of a condominium or planned unit development Mortgagor well comply with all by-laws, regulations and restrictions of record; Id) Mortgagor will pay andlor perform all obligations under any mortgage, lion, 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, wig delver 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 requited by federal law. Mortgagor agrees to provide Mortgagee evidence of required insurance. AM policies must name Mortgagee as a loss payeelsecured party and must provide for at least 10 days written notice to Mortgagee of reduction in coverage or cancellation. Mortgagor gives Mortgagee the right and power 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 retur ned or rebated premiums on policies insuring the Property. Mortgagor does not have the right to, and agrees that Mortgagor will not, revoke the power of Mortgagee to make Mortgagor's endorsement. Mortgagee may exercise the power for Mortgagee's benefit and not for Mortgagor's benefit, except as otherwise provided by law; (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 andlor 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 wig receive a fee for proving the required insurance. M 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 andlor 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 be at the rate provided for in the Note; 0) 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 instalment sale contract for than 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 shag not merge with any judgment entered in any legal action and shall apply until all amounts owed are paid in full. Defeelt. Mortgagor will be in default under this Mortgage: (a) if there is a default under the Note; (b) if Mortgagor breaks any promise made in this Mortgage; (c) if any Mortgagor dies; Id) 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 any 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 false 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 prohibiter by law, if Mcrgagor is in defau!t under this Mortgage, Mortgagee may, at its option, after notice required by law, if any, declare 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 secured 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 a mortgage foreclosure action or any other action on this Mortgage is filed by Mortgagee, andlor if Mortgagee takes any action to protect or enforce its interest in any court, including Bankruptcy Court, Mortgagor agrees to pay to Mortgagee all expenses and costs of such action, including, if perntted by law, reasonable attorneys' fees to the maximum extent permitted by law. Remedies Cumulative. If any circumstance exists which would permit Mortgagee to accelerate the balance, Mortgagee may take such action at any time during which such circumstance continues to exist. Mortgagee's remedies under this Mortgage shall be cumulative and not alternative. Delay in Enforcement. Mortgagee can delay in enforcing any of its rights under this Mortgage or the Note without losing that right. Any waiver by Mortgagee of any provision of this Mortgage or the Note will not be a waiver of the same or any other provision on any other occasion. PA EFORM 115323.0505 Page 2 of BK 1937PG3109 (Page < of 4.) Assignment. Mortgagee may sell, transfer or assign this Mortgage without Mortgagor's consent. Severability. If any provision of this Mortgage is held to be invalid or unenforceable, such determination shall not affect the validity or enforceability of the remaining provisions of this Mortgage. WITNESS the signing of this Mortgage on the date set forth above, intending to be legally bound. Witness Witness vV ' Mortgagor Mortgagor Ida. Acknowledgment taken in the STATE OF PENNSYLVANIA, COUNTY OF &" P3 qf-L 4 &'P On this 2{ day of tiy , -100 $ , before me, A N d 7-Aty/ the undersigned officer, personally appeared j?kfW j-* f t/ I h i D N 1A D. N- to me for satisfactorily proven) to be the person(s) whose namels) is (ave) su cribed to the within instrument and acknowledged that helshelthey executed the same for the purposes therein contained. Notarial Seat Vicky Lynn Bogus, Notary Public Meehooksbuu= Bolo, CoinberbW County My Commission Expires Feb. 24. 2006 Member, PenrtsylvemAssocialionot Notanes In Witness Whereof, I hereunder set my hand and official seal. Signature Title /'7 O ?Q ?/? (-"U b 6) G Certificate of Residence Mortgagee's precise residence is Consumer /- 4'-'.-10' , do hereby certify that Center, 2730 liberty Avenue, Pittsburgh, 1 5 . 2. A50* rtg ee / td I CC, r Tn c, G J PA Recorder of Deeds EFORM 115323.0505 Page 3 of BK 1937PG3 I 10 ,PNCBANK Kathleen L Umstead 190 Sandy Hollow Rd Shermans Dale, PA 17090 Date of this Notice: September 20, 2007 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help save your home This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling 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 DOPORTANCIA, 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 ELEGI13LE 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: Kathleen L Umstead / Ralph L Umsteadjr. PROPERTY ADDRESS: 190 Sandy Hollow Rd, Shermans Dale, PA 17090 LOAN ACCT. NO.: 040-01-008110742679 ORIGINAL LENDER: PNC CURRENT LENDER/SERVICER: PNC Bank, NA mm? EXHIBIT Member of The PNC Financial Services Group C- Consumer Loan Center 2730 Liberty Avenue Pittsburgh Pennsylvania 15222 DDD 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 `FACT"), 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 HO' V 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 IQ 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: 190 Sandy Hollow Rd, Shermans Dale, PA 17090 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 $182.67 for each of the months from July 2007 through September 2007 Other charges (explain/itemize): Late Charges for $20.00 TOTAL AMOUNT PAST DUE: $405.34 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 405.34 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 THIRTY (30) DAY period, you will not -be required to pay attorney fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. Member of The PNC Financial Services Group Consumer Loan Center 2730 Liberty Avenue Pittsburgh Pennsylvania 15222 "NPNCBANK 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 W 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 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) 762-3983 or 1-800-878-0027 Contact Person: Ashley Bustos 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 t9 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 CREDIT COUNSELIINi CIES Member of The P NC SSE VING YOUR COUNTY (see attached) nancta AG?FtNerv S ro Consumer Loan Center 2730 Liberty Avenue Pittsburgh Pennsylvania 15222 PNCBANK Date of this Notice: September 20, 2007 Ralph L Umstead,Jr. 190 Sandy Hollow Rd Shermans Dale, PA 17090 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 S ecific information about the nature of the default is provided in the attached Rages The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) mU 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 IN-N 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 CURL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME: Ralph L Umstead,Jr. PROPERTY ADDRESS: 190 Sandy Hollow Rd, Shermans Dale PA 17090 LOAN ACCT. NO.: 040-01-008110742679 ORIGINAL LENDER: CURRENT LENDER/SERVICER: 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 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: 190 Sandy Hollow Rd, Shermans Dale, PA 17090 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 $182.67 for each of the months from July 2007 through LAS 1. Other charges (explain/itemize): Late Charges for $20.00 TOTAL AMOUNT PAST DUE: $405.34 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 405.34 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 mortgage. Member of 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 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 Sheriff's Sale as specified in writing by the lender and by_perfonming and 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 Sheriffs 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) 762-3983 or 1-800-878-0027 Contact Person: Ashley Bustos 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 Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt. YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING 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 CREIIGf),VAff kkA?j§"§r§ RVING YOUR COUNTY (see attached) Consumer Loan Center 2730 Liberty Avenue Pittsburgh Pennsylvania 15222 N 'I 3 b N b7? omi O O O X10(] a D N ui It CL ? L n (-n ? m tfi m O < <L O O O 3 m N O O N O O N U] N -3 m v C) N N O O w J m n F.a k.fl. n F 0?0? ? irt, (D C) 0 m pm (D a P <° y O o m m EO 0, m d r C7 3 CA g F ' p Irt" - (D (D :2 Q m 0if 1d b ;Qj O 5 ;(D IC4 ???O m ? ? o o m Oi k.0; mmaa m oo CD m. m 2 0 a m 3 ? m Ln co a o Ln N m v 1-' F? m vva8m 9L C' X N N N N N Ln rn mm o„ 3 m ° am^nm Ln Ln (-n Ln L n Ui ;0 x ? Q O y `° ? 3 m v CD Ln D ? CIL 2 m _ CD e m' a m m? n D U me f0 N m 11 C m m a m n cn CO s m < m c -° m m O 'i m w +v C ° 0 V a? C7 (n o m on CD `?° " o m (A i D levees O nff rm tion f: T .. U) ° ?y?i pp??e co /?/??i g?yppgnat p bi'p ?y firmat?ycpi n T cn m = m ??++cc pp ?irC y i F Y? n i.?ir ?g i? ?p dl Big' A N A etur i! Reclai t N U7 N N Ln N N Ln U1 W Ln W O Q Q., tIj lfl O C) O d` Cumberland Countv Urban League of Mezopolitan Harrisburg 2107N6"St Harrisburg, ?A 17101 (717) 2:4-5925 Fax (717) 232-1985 YWC k of Carlisle 301 G St Carlisle, ?A 17013 (717) 2=-:818 Fax (717) 2=:-;948 Consumer Credit Counseling Service 2000 Lin0csown Rd Hanisburg, ?A 17102 (717) 5-. i-17:7 financial Counseling Serra of F, n lin County . 31 W3 rd St Wa,mesboro, ?a 17268 (717)76= - 33, 2 85 Date of this Notice: December 10, 2007 Kathleen Umstead 125 E Locust St Mechanicsburg, PA 17055 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help save your home. This Notice explains how the program works. To see if HEMAP can help you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE Take this Notice with you when you meet with the Counseling 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 RSTMEDITAMENTE 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: Kathleen Umstead / Ralph Umstead PROPERTY ADDRESS: 125 E Locust St, Mechanicsburg, PA 17055 LOAN ACCT. NO.: 040-01-8110742679 ORIGINAL LENDER: CURRENT LENDER/SERVICER: PNC Bank, NA 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. 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 NOT CE IS OR INFORMATION PURPOSES NLY ANDSHOULD HE FOLLOWING PART T OF OF THIS 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 dates NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 125 E Locust St, Mechanicsburg, PA 17055 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 14 218.52 for each of the months from Jul 2007 through November 2007 Other charges (explain/itemize): Late Charges for $80.00 TOTAL AMOUNT PAST DUE: $1.013.35 HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (3O) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $1,013.3 5 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAYS PERIOD. Payments must be made either b 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 1522 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 mortgage. 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 ti u to one hour before the Sheriff's Sale. You ma do sob a in the total amount then ast due plus an late or other charges then due reasonable attorne 's fees and costs connected with the foreclosure sale and p y other costs connected with Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortg e. 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) 762-1168 or 1-800-878-0027 Contact Person: Sharon McMillan 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, Chester Story PNC Bank, National Association cc: I" Class U.S. Mail, postage prepaid CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY (see attached) Date of this Notice: December 10, 2007 Ralph Umstead 125 E Locust St Mechanicsburg, PA 17055 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 (HEM") 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 hone number of Consumer Credit Agencies serving our Coun are listed at the end of this Notice. If you have an questions, you ma call the Pennsylvania Housing Finance A enc 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 110PORTANCIA, 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: Ralph Umstead PROPERTY ADDRESS: 125 E Locust St Mechanicsburg PA 17055 LOAN ACCT. NO.: 040-01-8110742679 ORIGINAL LENDER: CURRENT LENDER/SERVICER: 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 PERIOD SET DFOROT?H APPLICATION FOR MORTGAGE ASS STANCE ED AGAINST YOUR HOME I1ViMEDIATEL WILL BE DENIED. 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 ART O CURRENTLY THE FOLLOWING P IS NOTICE IS FOR INFORMATION PURPOSES NLY ANDSHOULD 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: 125 E Locust St, Mechanicsburg, PA 17055 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 $14,218.52 for each of the months from July 2007 through LAS 1. Other charges (explain/itemize): Late Charges for $80.00 TOTAL AMOUNT PAST DUE: $1,013.35 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 $1,013.35, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAYS PERIOD. Payments must be made either b cash cashier's check certified check or move 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 THIRTY (30) DAY period, you will not be required to pay attorney fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S 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 ast prevent the sale at an time u to one hour before the Sheriff's Sale. You may do sob a in the total amount then 12 d due plus an late or other char es then due reasonable AgpMe 's fees and costs connected with the foreclosure sale an an other costs connected with Sheriff's Sale as specified in writing b the lender and by p erformin an other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately six months from the Date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: PNC_BanL NA Address 2730 Liberty Avenue 2°d Floor Mailstop: P5-PCLC-02-N Pittsburgh. PA 15222 Phone Number (412) 762-1168 or 1-800-878-0027 Contact Person: Sharon McMillan 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 Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt. YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING 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, Chester Story PNC Bank, National Association cc: I' Class U.S. Mail, postage prepaid CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY (see attached) M M ccn M M O LO N N in O CV) in N N N N N N r-I in Lo Ln 0: LL I cr IL C O = ow U) LL dS : ... 1 ?p?ryry M1 •, 'V ?A ?i ioA ? U_ m ? a a V J C) >? r mm N W C 7 mm m C m L ' m i ? ` = U Z m a a m to Ln x? ohm a to %D %D LO to in Q ii. COS N N C4 r4 N N co co co C 0 [ tM co o i 2 g€ I ' I ? m m a. m j ? I ? ? N ?FYy ;W ?. 0000 i ul,w j?w too 4-1 02 jr, 4J a * ,r lu. IV v v o w 7 Y 000? WI to x 43 tn; HI m ? ;.?'. I NI a ? c?U in V' m O N cY1 M 0) N a w H m W 4 r- ? E r) o 4-j z oz, N w 8 "' 8 Ln W N co LO 41 m m o . r C m E M r.• w V a V A a • m C m d c a° OD O Y C 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. Darnella Ganaway Attorney Relations Manager PNC Bank, National Association r.:7 it ? fu D -" ?yi 0 SHERIFF'S RETURN - REGULAR CASE NO: 2008-01733 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PNC BANK NATIONAL ASSOCIATION VS UMSTEAD RALPH L JR ET AL Sheriff or Deputy Sheriff of Zia, who being duly sworn according to law, - MORT FORE was served upon the HOURS, on the 14th day of April , 2008 NOAH CLINE Cumberland County,Pennsylva says, the within COMPLAINT UMSTEAD RALPH L JR DEFENDANT , at 1050:00 at 125 E LOCUST STREET MECHANICSBURG, PA 17055 by handing to KATHLEEN L UMSTEAD, WIFE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 20.00 Affidavit .00 Surcharge 10.00 .00 yjil 48.00 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 04/15/2008 TUCKER ARENSBERG By ?'`?'?/ • Deputy,Sheriff A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2008-01733 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PNC BANK NATIONAL ASSOCIATION VS UMSTEAD RALPH L JR ET AL NOAH CLINE , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon UMSTEAD KATHLEEN L the DEFENDANT , at 1050:00 HOURS, on the 14th day of April 2008 at 125 E LOCUST STREET MECHANICSBURG, PA 17055 by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 °?,1`I?e ? 16.00 Sworn and Subscibed to before me this day of So Answers: ry^? R. Th6mas Kline 04/15/2008 TUCKER ARENSBERG By: Deputy Sheriff A. D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, CIVIL DIVISION No. 2008-1733 VS. RALPH L. UMSTEAD, JR. and KATHLEEN L. UMSTEAD, 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@tuckerlaw.com 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. 2008-1733 VS. RALPH L. UMSTEAD, JR. and KATHLEEN L. UMSTEAD, 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, Ralph L. Umstead, Jr. and Kathleen L. Umstead. By: Sworn to and subscribed before me this ? \_ day of December, 2009. N My Commission Expires: W, ... sw J. Msak, ofty pw* NWO. AMrOMW Cot BANK FIN:366208-1 000011-142339 1500 One PPG Place Pittsburgh, Pennsylvania 15222 (412) 566-1212 RLECT-C-*i 'ICE 2009 OEC 17 PH 2.2 l