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HomeMy WebLinkAbout08-2801IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, CIVIL DIVISION No. AS - clRol em, l T?'M vs. TIMOTHY R. BARNHART and ROBIN L. BARNHART, CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE Defendants. I hereby certify that the property to be foreclosed upon is: 1483 Goodyear Road Gardners, Pennsylvania 17324 Township of Dickinson Tax Parcel No. 08-42-3281-043 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. 483746 bsolomongtuckerlaw corn Michael C. Mazack, Esquire Pa. I.D. #205742 TUCKER ARENSBERG, P.C. Firm #287 1500 One PPG Place Pittsburgh, Pennsylvania 15222 (412) 566-1212 BANK_FIN:323568-1 000011-097225 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, ) Plaintiff, ) VS. ) TIMOTHY R. BARNHART ) and ROBIN L. BARNHART, ) Defendants. ) CIVIL DIVISION No. 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:323568-1 000011-097225 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 provisioner de esta demanda. Usted puede erder dinero o sus propiedades o ostro derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIALAMENTE. SI NO TIENE ABAGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUEN IRA 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:323568-1 000011-097225 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, CIVIL DIVISION No. ®y_ ,? SrGI 1x0 7? VS. TIMOTHY R. BARNHART and ROBIN L. BARNHART, Defendants. COMPLAINT IN MORTGAGE FORECLOSURE AND NOW COMES PNC Bank, National Association ("Bank"), by and through its counsel, Tucker Arensberg, P.C., and avers the following in support of its Complaint in Mortgage Foreclosure: 1. PNC Bank, National Association, is a national banking association organized under the laws of the United States of America with a principal place of business at One PNC Plaza, 249 Fifth Avenue, Pittsburgh, Pennsylvania 15222-2707. 2. Defendants, Timothy R. Barnhart and Robin L. Barnhart ("Defendants"), are adult individuals whose last known address is 1483 Goodyear Road, Gardners, Pennsylvania 17324. 3. On or about September 27, 2002, Timothy R. Barnhart and Robin L. Barnhart ('Borrowers"), executed a Direct Installment Loan Disclosure and Note ("Note") whereby Borrowers promised to pay to Bank the principal amount of $100,144.50 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 September 27, 2002 (the "Mortgage") given by Timothy R. Barnhart and Robin L. Barnhart ("Mortgagors") to Bank, encumbering certain real property located at 1483 Goodyear Road, Township of Dickinson, County of Cumberland, Pennsylvania, as more particularly described therein ("Premises"). The Mortgage was recorded on October 31, 2002 in the Office of the Recorder of Deeds of Cumberland BANK_FIN:323568-1 000011-097225 County, Pennsylvania in Mortgage Book Volume 1780, Page 996. 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 February 1, 2008 and as of April 7, 2008 was past due in the amount of $2,760.96. 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 April 3, 2008, 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 April 7, 2008 was as follows: Principal $79,182.01 Interest through April 7, 2008 (continuing thereafter at $16.9653 per diem) 574.65 Insurance 69.75 Late Charge 46.88 Recur Fee 20.00 Attorneys' Fees 1,015.00 Costs to be added TOTAL $80,908.29 10. The total amount due to Bank under the Note and Mortgage as of April 7, 2008 was Eighty Thousand Nine Hundred Eight and 29/100 Dollars ($80,908.29), plus costs and attorneys' fees. BANK_FIN:323568-1 000011-097225 WHEREFORE, Plaintiff demands an in rem judgment in mortgage foreclosure for the amount due of Eighty Thousand Nine Hundred Eight and 29/100 Dollars ($80,908.29), plus continuing interest at the contract rate from April 7, 2008, late charges, reasonable attorneys' fees and costs of foreclosure and sale of the Premises. TU ER ARE ERG, P.C By: B ett A. Solomon, Esquire Pa. I.D. 483746 1500 One PPG Place Pittsburgh, Pennsylvania 15222 (412) 566-1212 Attorney for PNC Bank, National Association, Plaintiff BANK_FIN:323568-1 000011-097225 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, ) Plaintiff, ) Vs. ) TIMOTHY R. BARNHART ) and ROBIN L. BARNHART, ) Defendants. ) CIVIL DIVISION No. AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF ALLEGHENY SS: I, Brett A. Solomon, Attorney for PNC Bank, National Association, being duly sworn according to law, hereby depose and say that the Defendants, Timothy R. Barnhart and Robin L. Barnhart, 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 2 2- day of ??- 2008 Not b COMMONWEALTH OF PENNSYLVA My Commission Expires Notaftal Seal Kelly J. Mlzek, Notary Public City Of Rftburgh, Allegheny Cw* My CaMisston Eons May 23, 2009 Member, Pennsylvania Asaoelation of Notaries BANK_FIN:323568-1 000011-097225 0171 Page 1 of 3 Direct Installment Loan Disclosure and Note Borrower: TIMOTHY R BARNHART ROBIN SARNNART Lender: PNC Bask, National Association e PN CBAN< Date: 0912712002 Items preceded by "Q" pre not applicable unless marked'®' a the egtavalent Truth-in-Lending Disclosures HIPT AGE pN E CHARGE Amount Financea The amount of credo Total of Payments The amount the BorTOWU The dollar amount the uedtt provided to the Borrower VAN have paid alter Borrower The cost 01 the BorrowaFb cr dit a I will cost the Borrower. or at the Borrows 's b h lf has made all payments as l e as V.-IV ref. e a schedu ed 6.990 % $ 62,606.62 S 100,144.50 $168,786.000 The Burt r s Paeeant Schadulp wilt he Num" of P ms Amount of Payments When Payments Are Due -' 180 S 937 70e Monthlmre 111p1120112 i Security: Lander as primp a seawnty interest all deposits a y held by Lauder and. Id He- ale Mate 9 Goods -1Aopeny being purchased In addition Coaaeral lethei than tonower s principal resdexce) aeaurg atfsv obligations to Lender may also secure tits Note Sonority leterast Charges 13AWW ®F&V Fees $ 45 50 Late Chase Q Not AppLublo. Q If;paYmrnt is rot pad in hi wnlw 15 days of as due data. Somint may be Barged the greater 0142000 or 5% of the total payaem prepayment If Borrower pays oN early, Bonower *a not two to pay a penalty. Required Deposit Baloace.(D Not Applicable Q The Annust PP?oop Rate does nor take alto account arty required deposit Assumption: If this ban is secured by a dwe8wg, someone purchasing that dw&M caroot assume the rentamder of the ban on the origmat terms V"Whis Rats Q Not Apple" IN This ban camaas a variable rate fultre Disclosures about the vxubk rate leatue have been provided Is you earlier The AroeW Percentage Rate may increase of the Pnme Rae published in 7Ae Work'SnaxJarraturmaeaaas The rate was net mcrens trove ahem than owns a month. The rate will not mane mom than one peromlage porn in arty an month and will rot rclons more thwt this percemage pools dung Ifs term of the ban The rate will naves increase beyond 18% Any masses at the rile as a Mull of an maaase in ono odes may cause the number of paynems to muelu, ands Q dvi rroua of the final paytrem to cheap The Furl paymen will new be warned to mss than 150% at the r2rdar payment Fa main* if your ban yeti for 110,000 00 at an aerial rate of 13 Ir2%, repayable in 48 marbly paymerws of 4270 78, and fir rate warned to 14 112% after 12 payments, ataresed to 15 112% shot dw rein 12 payments, and then remmrred the same lei the term of the ban you would be required to pay one adrdtroral payment of 4264 t18. Q the amount of the payments to change The smame of the payments may room *my font yeas The furl payment will noire be warned to more than 150% of the regular payment Fur osaigle, d you loan were for 71Q00000 at an ntal rate of 13 112%, repayable in 72 memhly payments of $2D3 39, std the tae increased to 14 112% after 12 payments. warned to 15 112% after the hest 12 payments, and then rernaned the sane fa the trials! ilie ban, tit payment amour would increase to 422712 lot the 49th lhpgh the 72nd payaems Q It 6aaw1r's Participation m the aulomac payment plat a dscarrimmil fa my moon, the Awemnnc Parrem Plan amount on percantap perms will ternmarle ad may cum der iota to oxione Any wrean m the rate wal cam the avant of the payments to marine for example, if you bar were for $1D,000 00 at an nkal rate of 13 112%, tepayalik in 48 monthly payments of 4270.76, std the Discount tomwased after 12 psymems, IM payment crown weld mosaso to $ for the ratarda al the am" l the Nate IThe payrnem astutrple assuas Bortewer hot rot ducted to ptrdtue Cretbt Insurance 1 Q If armawer's prfcnpnan m ih Chch r Packsp Plan s dstonataaied for pry rNSa4 sit Clad Dnseatnt of pauaage laatts wl8tsraaate and may caret 1b6 tau to ncnau Any ncrease n the isle wit tease the annarnl of tie payments to nutcase. Fa asampb: d "a"n an were fa s 10 00000 at an trine ntsreat ran of 13 112%, repayable w 48 monlldy flaynems of $270 78, and the Ck8 Darerm serrtanated ahu 12 paymams the payrtem tmotaa read/ rercase to $ fa the remaatder of the sum of dr Note IThe paynernt e:tarpb usual 8a-si burs rot dewed a prchase Credit I.. ) See 4atwgat doctrtents for . a addttonn? nhirtNlon about rotgliytten I. tktadl, pry roytared payrerrro[ in cull before the ..t,.?u s.....? _?._W.._ __. Itemization of Amount Financed Amami Financed $ See Settlement Staleitesn Ill Amour given dwecily to Borrower 5 121 Amount pad on Borrowers account S 13) Amount island by leader for See Sauborm Statement S 141 Amount pad in others on Borrower's behalf Is) to public officials $ Set Settlement Stale"" Ib) for credit msurance S Icl to See Settlement Statement 5 Ida to S (Win S In in S III Is S Ud to S of to S Prepad Fuuance Charge S hemnauon of Amours pad by Dom", at the lone the ban s nude 111 S t21 S 131 S The esturate of the payment ama its in the Payment StAet de and the Total of Palliates ickdas the amotelt of the credit ranmty. wean um mirawne am neat usaanY kusurawnt all rot tepred to obtain treat, and wig net be provided uidns Borrower wmaarce prriteaa d appbealde. and signs below will areas to pay the eddtanat costfsl kawace may be purchased on she life of an or two Borrowers credit Deablity, assumn trot the msaawne win tamrue for kutra at mail be pudrwd so ally on Oaiower It obtained though Lendu the cost of the nwace fa tit wiooal term of the ctedrl s the term of the loan The estivate also stated baler. Leader nay recent financial Willits from the Borrowoi s purchase of ns ranch 'Bo over- Who u tell may not 'b kuwtes that all payments will be made Co Maker J w oq due I wan SAO Credit Lila Insurance which cams s 6,034 88 - __i f 7k Z-' Sproturs of Par be ter Sftle Credit Lde hsweace I wen Sngle Credit Otsabbty Insurance witch costs $ Signalize of Person to be unwed fa Sagk Credi Disability Insuiance We want dent Crdl LAO ksaarce witch Costs 1 1. 2 lations t/r Sgp/al ?ppl to awed for faint Ctetbt Life Imsaice Drown does rot tbwe or is not a able for crest insurance Siparturs of Borrow Notice to Benewuls) TD mumium Amami of coverage which mused Baroweds) will teem is set forth in the certificate r policy as applicable Direct Loan Note Index. The odes is fir sarnrieenve and telvenca. It supra not bit the means" OF scope of any paaraph w section The nuintas refer to the paragraph mriI of flee Note Audwataa of the awstandeq balance . ?_- __-„14 Appticafoe of pay oral _. _T_----_ -_-- 9 AunPerent-,-.__ 24 Attarnela'kes___ _. --_ _ --_-__.222 Automatic payment plan.,..... 5 9onower'srrspons"tes_,.,_ _2.14,25,27,31 Changes nbasest rats -_-__ 45,6.7.13 Chime costs 2 Club r Packop Plan 6 Cella oval _ _._ -_ _ _ 10.20,23 Colleam spsmss 2.22 _ Comminution concenang disputed debts _M _ . 29 Conputng interest _ a Court costs 2.22 _ Credit hem mu _ - _ _ 26 cralitrapieds EFo$W t o6ea5-0102 Daily balance Dally masu rate _ Default Oerwrtreiu ?_ __ Delay in enforcement Drpom_ :-_ 4,8 !1.8 _ 1 _ 16 23 debts - 9 E Early y payment y even 1 F-Chwps_-._,,,,_..,,_ _4.6 Fined mawance - __20 Germano low r 28 Horsband _ _._27 Ze Insurance checks _, -_-,_ 21 kmaat army vatunfy and ludpranl __ 13 Iaerast rate 2.4.5.6,7.8,13 Law chops 10 Isgdfees _ z22 - Laada's eight to oMau ducks._ ?_21 // / i triginyt 2 222 OLNACS Number 9438854 MOMMY P3VWAlt......_-.-. -9 7 Monthly payant ehages 7 ah4ipk pie - 25 - Pad in full ducks ' , - 29 Pay- apphemen -?_ 9 Pspcreie Our Dale-. - 3 PapsenSew" _ Personal representation belie 27 Prepaymast 19 Noon to pay 2 Property weracs 20 Rdesse of barorrrs N -17 Robm d seaway . -_.___ _.._.».__ 17 Rondos ,_ _ - - 14 Before Clack Chirp Seamy rn trul Seaway ueerast chug" -- _- _- - 16 Security aeerasl in deposits _ 23 Val" Fall 6 EXHIBIT Page 2 of 3 Direct Installment Loan Disclosure and Note Borrower: TIMOTHY R BARNHART Lender: PNC Bank National Assocs-rdon Dale: U91I712002 ROBIN BARNHART Direct Installment Loon Note 1. Definitions. In the Note, the word 'Borrower' means each and all at those who 25 days befoe the date of each payment chwo tender win calculate the new payment sign this Note and each and of of Those who endorse the check wlach disburses the amount The payment amount may Increase but will nor decrease, except for the fain 'Amount Owen directly to Borrower' payment Larder will determine the amount of equal monthly payments that would be The word'londler' means PNC Bank, Naliona) Associalson sufficient In repay in full, by the Maturity UP the unpaid principal halomil that is or any person to whom this Note has been transferred expected idle due an the payment t haneir date, at the almost rate in effect at the cane the talculatem is bevy made Lander will ottl Barovnr of elm W she 2. Borrower's Prorsnse to Pay. To repay the bas, Sommer promses to pay to Lender s 100,144 50 . with interest on the taped balance ham the date funds are advanced until pad in fug Interest shall be pad at the rate per annum of 6 990 % Borrower pronsss to make payments in accordance with the payment schedde stated in This Note Borrower promos to pay to Leader all other amounts winch may become due Fodor the terms of this Note, weliidnig of applicable, Credit Insurance Premvate, tale Visitors and Costs of Collection Borrower agrees To ma)u payments at the place designated by Lender Borrower fray, also he required to pay to Lender cartoon other chargers before lender win give any money to Borrower These charges if any, are staled on page one in 'Itemization of Amounts paid by Borrower at The time the loan is made' andlw in the Settlement Statement 3. Payment Schedule. Borrower agrees to pay to Lender The amounts slue tinder the Note ® in womnrupted monthly payments 179 payments of S 937 70e and a final payment, which will be billed by Lender, of an temama l; unpaid amounts Payments will be due on the same day of each month starting on 1110112002 Payments will conluae until all amounts de are paid in ufanlerrupted monthly payments, except for the months shown. payments of $ and a final payment. which will be breed by the Lender, of oil ramfor" unpaid amours Payments will be dire on the same day of each month starting on PROVIDED, HOWEVER, that no payments shall be due during she rondo of or each year 0 in a single payment at $ plus accrued interest and all other amounts de on 0 In ad6ltok law to the month of the first scheduled payment as stated above, interest shag be payable notably on the unpaid balance and shag be due on the same day of the month as the later payments The date that the final payment is scheduled to Iles paragraph to be due is called the Maturity Date' of Iles Note It Borrower elects to putcha;e Credit Instance and Then elects to camel the Cied t Insurance The Payment Schedule may charge as described in the 'Crerat Insurance' paragraph 4. Variable Rate. ® Not Applicable 0 The interest rate on ills Note can change based on changes in the Interest Rate Index I"Indei 1 The rate will tar based on the Margin, the Index andapplicablediscounts tf arry Thehides may change from tune 10 time, the Margin wig remain the same for the term of the Note The interest rate stated in the 'Borrowit s Promise to Pay' is The 'Base Rate' The Base Rate was computed by adding the Martin to the original Index, and Ifeo subtractig the Aclomatc Payment Plan Discount and/or the Chub Oacomt, if applicable Interest rate adpotnents are computed by adding the Margin to the current Index at The fire of the adpmnt Isidject to the imetaters described below). and then subtracting the Automatic Payment Plan Discount and/or the Cbb Discount, if applicable The interest rate on this loan may be adjusted monthly, on the first calendar day of each calendar month big" in the month after the lulls ra advanced the Margin is 0000 percentage points The Index u the highest prime rate aubtuhed in the 'Money Rates' section of I& War Street Jonaaf ('Prime Rate l on the last day on which the Pmnne Asia s published in the preceding ca6ndar month The Index is of necessarily The lowest rate charted by Lender an loans It The Irides shall cease to be evadable Lendcr shall select m new Index, whack in Lender s sole opinion upon a reasonable basis, is comparable to the letter The aiauual interest rate will me uciease or tlecrease Marc than one percentage point in any calendar ment4 and will not increase or decrease more than five percentage points duatp the term of the ban, lie to changes in the Index IA charge caused by a formulation of the Automatic Payment Plan Discount or the Club Discount is of subject To the lenitatons set forth in the previous sentence) The annual Interest Fait wig me exceed 18% 5. Automatic Payment Ptan. 0 Not Applicable ® Borroaret authorizes Lender to deduct the payments on ibis ban from Bwrowr's depose account member 508o574me on each scheduled payment dse data Tito mutest rate on flu ban "MY acrease by 0 250 percentage points CAutomatc Payment Plan Oscount'l if participation in the automatic payment plan is dscommied tot any reason. including (a) it any Borrower chooses to termSato partcpatiwn. 04 the deposit account identified above is closed or 10 if there On me sufficienT finds n the account to make the fug monlily payment on Three payment dates 6. Club or Package Flan. 0 Not AppkdW ® Borrower a pantcpat the package of banking swi cos known as or is a qualified member of a club group known in own u PREMIUM PLAN The Interest rate on ills Note may increase by 0250 percentage pants ('Club Discount'l. if participation in this Package Pan or Club Group is discontinued tot any Flown 7. Monthly Payment Changes. 0 The parr tit counts will or charge over the term of the loan except as stated in the Payment Schelde ' ® The payment amounts may increase Ibut will me decrease) It Borrower tnmmles Participation in Ihe ® Club or Package Plan ® Autonuanc Payment Plan Lender wig determine the amount of equal monthly pcymems that would be sufficient to repay in full by the Maturity gate, the unpaid principal balance that is espected to be due on the payment clu npe date, at the new interest rate if the psyrrem aroma wig increase. Lander wig obiy Borrower of the effectwe date and amount of the new payment 0 Changes in the interest rate nay cause the number of part mens to change andlor the amount of the final payment to change One month before the Maturity Date, it necessary, this eamber of paymems it= will increase so that The final payment wig rot be mote than 150% of the previously scheduled mormlty payment Q Changes in the Interest rate may cause the number of payments to thaw and/or the antotart of the payarerrts to olcroese, the best change in the payment almost may accts on a date 48 meal s after the due date of the first monthly payment, subsequent changes, if applicable, will occur every 48 months thereafter Not more than 45 days. but root less than patment which is due One se mh before the Matumy Date, if neces ary. the nurber of payments due will increase so that the fwl payment will not be more than 150% of the previously scheduled monthly payment S. Computing Internat. Interest is charged on a dairy bites. occwdimg to the outstanding barite subject to interest on each day of the ban tarn. The daily anerco rate is equal to The annual atenst rate in office an that day dsaded by the saaeber of drys in then t aleltdar year Bwmxwr agrees that became arena s calculated an a dray bases laic priyments will result in additional Interest I" of applicable. a late charge), early payments *0 result in less merest beano charged If the asteest fete on the Note will not change because of changes in the Index Isar the'Vanabb Rats sectio d, sash and/or late payments will came tee amount of the final payment to charge 11 the interest rata an the Note can change because of cltattges in the Index (see the 'Variable Rate' setter) earl i aldkr late payments wie cause the number of payeems de, the amoure of the payments hl the arrormt of the payments is subject to change every 48 monthsl andlor the anon t of The final payment to change 9. Application of Payments Lender will apply payments n the following order of prorrty credit Insurance Prmauns, it any, interest. Late charges. W. and Then principal AN regular payments will be applied to the satisfactions of sNedtded payments in the eider it which they become die 10 Late Charge QNat Applicable [][)Borrower agieas that Lender may assess a late charge for any payment me paid in hill wtten 15 days of as de date The laic charge strdl be the greater of 12000 or 5% of the total amount of the payment which was fart pad in fug No late charge well be due, elevation. if the reason that the payment is lit e is either gal arembutable to a bee charge assessed on a pilot payment. or Ili) because, alter default by Borrower. the enter otdslanderg bolansca on ills Nola u die No more Ilion are late clwge will be Imposed for any single scheduled payment 11. Retunt Check Fee Borrower agrees Thal Lender may assess a fee of 120 00 if Borrower rakes a payment with a check that a retuned by The drawee for rot sufficient furab' in the account on witch the check is written 12 Waiver by Lender. If Borrower has merle or maces in the lusure another bar agreement with Lender lender resort obtain a security interest in the principal dwelling of BriaWrr or someone else to secure that other loan apemem That secmly Weemeni Puy provide that The principal dentin sectors rot only That other 1030 agreement but atso all other ban overreacts of Bomowor with Lender Lender wows ipwes tip) arty right to dam a security interost in the principle dwelling of arry person to secure this Note unless rte security interest is specifically peen to secure this Note 13. Interer.t Aher Maturity and Judgment. Unless pebbled by applicable law, interest at the rate provided in this Note shalt contmust to accrue on the aped balance until said in full,. even after (warfare by acceleration or otherwtsel matumy aridior of Banc an becomes a ably of an action fled under the Bankruptcy Code 30dlor if ptdgmant is artred against Borrower for the amounts des It at any Irmo trlreai as provided for in the paragraph is of ptsmtted by law, internal dial. m that ovim and at that Ttme, scout at the highest rote allowed by applicable taw If the Interest rate on This Note can charge. the utrest rate which will apply beginning on the date a lawsut is field by tender shag be the interest rate in affect on that data or the Interest rate stated to the 'Borower's Premise to pay" whichevel is less 14. Default. (As used in this paragraph, the term 'Borrower' trckabs Borrowers, Cc Makers Gitaramws, suretats, and any owner of property which is sesconty for tees Noce I Boirow:m wig be in default gal if Borrower dues of make any payment before or on the date it is due or dbh it Bomwer Inds to keep any prorrere made m Iha Note or defaults in any Fisher nail, ban or apeenem with leader, or (c) it anyae who signs the security aareemrm at a mon lone seciraq this Note breaks any protease made in The sectrrcy agreertikrni w rirorrgage,1,s, bra of heated to the promso roe to sell peer away at transfer tide to the property whishi a the subject of the mengage or securny interest or (d) if any property r which Leader has obtained a security Interest to sncae des Note is lost. staler twill of recovered will= a reasonable ism) at destroyed or to,' It Bahewr has made any adlue Stahel or mwipretlfRgw in Ifle ctadt application or say other cendcate of deco ml risen w me& for she ban or Ill upon the death of Bofeotvr or any one of them of their a owe thalc otter, or lot if Borrower provdes Lender with false information w forged signatures at any rinse, Of IN if a tout wtih proper jurisdiction to do so finds Ihai Borrower. or any one all them is Incapacitated at Incwrpeleut, or it) if Lender in good faith believes that the peospeti of Borrower's paying the Note s tmpared II Borrower is in delatlh the entire onsixeci ng balance on this Note shag be ow ediatefy due. at the option at the tender TMs will happen vmliout arty prior notice to Borrower, at right in cure, a kept as nay be required by law Borrower wig elm be in delauit to if Borrcwet becomes aaolrent arWor cannot pay Borrower's debts as they become de, at (k) if any Other ereditw tires by legal process to take any money or property of Borrower in IN Lender's possession. or in of Borrovei Max a bankruptcy Paula= or it anyone ides an invokimay bankruptcy against Borrower or fref it Borrouer makes an asogomnm fun The benehf of creditors, of any InsoMncy, reotelamaten, arrangement. oebl adjusumem, cereverslsp, trmtasslep, kqulefton or other legal or erprtabk proceedings am ratrMed by w against Hanover: or Ird if sty judgment, tax Wait rimcpal charge or tax levy is field or wins of execution as sewed aga=in Borrower erowu•osces oioz Page 3 of 3 Direct Installment Loan Disclosure and Note Q PNCBAW Borrower: TIMOTHY R BAMRART Lender: PNC Banc, National Ass- suon Date: 0912712002 ROBIN BARNHART Direct Installment Loan Note -continued It any event desudred at Ili lkl 11) im) or in) happens. the mire outstanding hatauce on this Note shat baTese6ately due without any pior rornce to Borrower, or right to cure except as may be sal by law. A default by Bonowu on this Note is a delauh on every other rote. loan or agreement of Borrower withl.ender 15. General Waiver Provisions. Borrower wanes pasomment for psynenL den mr4 profBiL mice of protest, 6showr and all arbor noocss or demands in connection with the dekisey. acceptance performance delailt or enforcement of tart, Note. Borrower further weird any tight to rallies due &g as in cobeciion by lender 16. Delay3ln Enforcement. Lender can delay entwcag any rights under this Note without any tights leader's failure to enforce any rght under this Note shelf rot act as a wawen I that right a prockue the esercwe of that right in the event of a fo ue occirneoce of-its saute event tender can also allow the gene allowed for making paymerils, &I such extanun shag not affect the 01431" of any Borrower, whether or woe that ecrrawer a New Mira of the exunsion 17. Relea{ite of Some Borrowers or Some Security. If that is Iron than one Borrower. each agrees to remain bound by this Noes. ahhargh Larder may release any other Borrower or fekass or suhltdme any prey Wilds s securAy for the repsymenl of lhs Note Borrower wanes all defenses based on swelyslrp and wripaaemt of collateral or oeumy 18. Security Interest Charges. Borrower areas to pay any recotdmry filing, satisfaction and n[OrbfWM tees which may be charged The charges ore to repaY Leader tor the fees pad to public officials to protect, contuse, a itheass any security interest wen in On security aapeenrrit or mortgage 19. Prepayment. Borrower tiny prepay, in hie co in pan, the mint owed on this Note at ame lifer without penalty If Borrower pepays the ban in part. Borrower arses to candtitne to make regularly scheduled payments until all aromas due under five Note we Pad 20. If Landar Obtains a Security Intarest to Secure Borrower's Payment of this Note. Borrower Makes the Following Additional Promises to Lender: is) it property insurance is regrrred by a mortgage anoor security agreement tectmrg the repayment of tics Nor* anndla of flood insurance is required by federal law, BORROWER MAY OBTAIN THE INSURANCE FROM ANYONE Of BORROWER'S CHOICE strbfM to Lndtr's reams" approver It flood emoance is retpaed, Borrower lies bean sepaItaly muffed. The property ewurance must cover loss of or damage to the cam at and crust be in an smoun: sufficient to protect Lenders interests. Hood s wuraae nest be of the type and in the amount mouired by federal taw. Oil Borrower arses to provide Lender evidence of required Terrance AN polices mint name Lender as a foss paysersetared party mid must povde for at but 10 stays woolen rotas to Under of radio= a coverage or caureaataal Ill it Borrows fans to keep in lone the required Isuance andlor tails to provide evidence of such =up= to Lender. Lender may whey Borrows that Borrower should purchase The Mixed ssuaxe at Borrower's expense 11 Borrower fads to purchase the insurance wrtho the tae slated in the win "of lads to provide esdence of such Insurance to Lander, leader may purchase insurance to protect Lenders serest, to the extent permitted by applicable law, and charge Borrows the cost of the pramm and any oths awnens derider flaws in purehuing the usuraws THE INSURANCE LENDER PURCHASES Witt BE SIGNIFICANTLY MORE EXPENSIVE AND MAY PROVIDE LESS COVERAGE THAN INSURANCE BORROWER COULD PURCHASE OTHERWISE Upon demand, 801rawer promises to pay Lewes the cost of awvaece potholed sell other munis acun by Lads Borrower agrees that Lender may it permitted by applicable law, add the east of the Oman to the attmaits on which riteral is charged at Itme tali provided in this Hats. In certain states. the reyteed issuance nay be obtained though a fcensed ssurance agency of fihated with leader This agency will team a fee for prondnp the required insurance in addfon, an affiliate may be responsible for some a all of the underlying rt a ante mks and ivy racerre compensation for asaerang such inks if additional orientation a requred concerning nwrance or our &tri al* arraigemema phase maul Centraioed Customer Assistance, 2730 Liberty Avarm Pmshurgh, PA 15222 fig to pay ON rues due an The collateral It Beirower does eat pay the taus, Lefler her rho open to pay the wit Upon demand. Borrower promises promptly to repay to fader cry immures pad by lender for taxes. Is) it Leader guts a seclanty merest m stock or s-cadres the value of the collateral may became =Wfimai to protect tender H that happens, Borrows areas to deliver to Lender adddaoel edduad which Lando beans well he staugh to protect Lender. . fO to aeon lender fhe right to proper the collateral at cry reasonable rNmL and in interim The r.fbtaal a good condition and eepaa. reasonable wee and tae etcephk III It roues aro showed by Lender raider this Note Iw tares adfor insurance. Leader may, a its ophal of permitted by applic" fort, add the atmons so adra aced to the ansaandaig balance and laterite repaynem with stereo by eicreasins the awtaBnem payments to that the ouubndng principal balance s repaid in full in sebuanlwly equal aatalments an da due date stated in the payment schedde, aid IN Borrowers promises made and tndrr's eights sea forth in this section sW not merge with army rudiment in any legal alien will shelf apply will all amnnts owed art pad in full 21. Lender May Sign Borrowei s Name to Insurance Checks. Borrower gives Leader the right and power to sign Bonewer's saw on ail deck or bah from an sentence company This is Irrned to a check or draft in paymoit of returned prsonaae. bensgts ends Credit kfo enwaae or Credit 6sabhil =wen, and dons made under physical damage entrance ad flood reurance covering property which a Norway for tats ban. Borrower does eat have the right in, ad agrees that Borrows will mt. revoke the power of leader to made Borrower's endefsoent Lads nay exercise the power to I anda'a benefit and not la eorrower's bevels. except as otherwise provided by New 22. Costs of Collection. If tender files suit er take action to collect tba ban or protect the collateral or the fondues seurey Interest in it. Borrower agrees te pay lender's costs and 91ptd S to do so, if Letder is petalled by applicable law to require Borrower to pay those cuts tintless such Klan is taken in Oho. the sMll mrcbde reasoruLle Kllormys lees and aspens-, m the mexrrsa amount permitted by applicable law 23. Security Interests in Deposits. The Lander may sea are cry amounts due and unpad ceder the ban against any of Borrower's money on deposit with Lender This oncbdes any money which w now or may in the future be deposited with Lender'by Borrower or with any co deposits. ncbdng Borrower's tpsse_ Time also includes any property. 6 delivered t orn the posrsassmn of the tender This may be done without K any prior trot t to Borrower 24. Assignment. Bonowar my not assgn a otherwise trawler hie iglus order this Note to anyone also tower may sea, trawler, or amp ides fate, rid all security Wastrevit wd er mortgage gin is severe this Note. cal Borrows3 rights and oblgalmeeu ender this Note will comune enchaneed. 25. Multiple Parties. It i1we is more the one Borrower, each agrees to be resporwdde to Lender, individually and together. fa payment in hill of 11as ban. Borrowers spas that payment of d or part of the proceeds of ties Role to any Berowef or to anyone edsa as go &act= of cry Borrower will be the equivalent of payment to each Borrower and for the benefit of all Borrowers 25. Credit Insurance. 11 Borrower has elected to purchase cre61 uwuraae, Borrower may cancel that ouuanca at any new without penalty In the event of camehim N the payment me" shown in The -Payment sells"" will rot deuease; rather, the bas will be pad all more ip-ckly since mots of the payment will be gritted to payment of the pnes:0 balance of the ban 27. Heirs and Personal Representatives Bound. The provisions of this Now shall be bndeg Man the Borrower, and the hews sad personal representatives of its Banower. 28. Goveming Law and Construction. This Note bas been accepted by tender in PemayManwo and a bins shall be extended by Lander to Borrower in Perweyhafaa. Regardless of the state of 8017011100* 3 tesdace W the place 10 which Borrows submitted an application. Borrewor area that the provisions of this Note ralatrg to interest, charges and fees she- be satisfied by end construed in accordance with federal law and. as merle applicable by federal law. PennsyNarsa law Udess preempted by federal law, other subslaptwe terms and proylsaoro sh l be gotemed by and construed in accordance with the law of ParwylvanA procedural matters rdatng to the enforcement of As obligations evidenced by the this will matters related to the gram ill. pedecten and enforcement of a security interest securing was Nei-. it any, shall be elowerned by the laws of the state where the enlacement. rantwg or Mdecton cites pace 28. Conetnwnication Concerning Disputed Debts. ALL COMMUNICATIONS BY BORROWER TO LENDER CONCERNING DISPUTED DEBTS, INCLUDING AN INSTRUMENT TENDERED AS FULL SATISFACTION OF THE LOAN, SHOULD BE SENT TO CENTRALIZED CUSTOMER ASSISTANCE, 2730 LIBERTY AVENUE. P17TSBURGH, PA 16222. 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 FILLED-IN COPY OF THIS NOTE AND DISCLOSURE. BY SIGNING BELOW, BORROWER AGREES TO BE LEGALLY BOUND BY ALL THE TERMS AND CONDITIONS OF THIS NOTE. Each of the Borrowers guaamnes that the sgnanse of any Bonrawer is pause Borrowers Swat TIMOTHY R BARNHART Date Borrswei s Sgnatue ROBIN BARNHART D is 32. CO-MAKERS SEE NOTICE TO CO-SIGNER BELOW. Any Borrower who is desufamed as a Co Maker areas to be "My resp milk with at other Borrowers for the portion of this ban and psforstance of all promwes in this Note Ca-Maker's Signature Date Cc take's Signature Data NOTICE TO CO-SIGNER %'all are being asked to guarantee this debt. Think corefull) before )our do. If the Borrower doesn't pa) the debt, )our will hale to. Bc sure ) our can afford to pa) if Sou bad a to, and that you want to accept this responsibility. You may hate to pay u fe to the full amount of the debt if the Borrower dots not pa). You may also had- to pay late fees or collection costs, which Increase this amount. The header can collect this debt from you whhout first trying to collect from the Borrawer. The Lender can use the same collection methods aping )our that can be used against the Sorrower, such as suing )ou. Me. if this debt is eser in default, that fact uric) become a part or your creche record. EFORMtoeees-0102 Original Of' 9438554 Mortgage _ CBATiM (Closed-End) l f?/I(r I THIS MORTGAGE is made on 0912712002 The Mortgagor is BARNHART, TIMOTHY K b ROBIN L r if there is more than one, the word 'Mortgagor, herein raters to each and al of them The Mortgagas is PNC Bank, National Association, The word "Borrower' means TIMOTHY R BARNHART, ROBIN BARNHART. It there is more than one, the word 'Borrower" herein relers to each and all of them Borrower owes Monl?agee the sum of one hundred thousand one hundred forty lour dollars gad fifty cents (U S $ 100,144 58. 1 Ths debt a evidenced by Borrower's written oblgaimn fteferred to herein et the "Note"). dared 0912712002 This Malgaya secures to Matpapse la) the repayment of the debt evidenced by the Note, with interest and other charges as provided the an lb) the payment of all other sins, with imTresUherdmiL advanced hereunder for the payment of taxa5, auasvnms maintenance charges. x?wance premumt and costs urwed to aratecl the sewrmy of Ihs Mortgage Id do mum of all of Mortgagee's costs of co0cctrorl anekiding costs of of and, it permtiod by law, reaserift ataneys' fees and espenus, 4 slat is reed or other action a taken to collect the sums owing or to protect the security of this Monpape, fill payment of anjr refnarcrg, kabstatmert, sorica n, modification arift morwal of m of said indebtedness. rna?1, Charges, Costs and espem% (e) the pefformsrce of MortOapor's "or Borrower's covenants and agreements under ties Marlp p and the Note. and If) the repayment of the 11a61 ewdenced by any note or agreement which was refnaneed by the Note. to the extort that such debt is owed to Morippe and has not been paid. For this IurPsse. Mortpagaadoes hereby matpape, pant and Comet' to Mongagee the following described property, tggethw with IN improvements now w hereafter circled. and all easements Is? appurtenances Theorem located at and known as 1483 GO EAR RD DICKINSON TWP PA 17324 CUMBERLAND Roeariay is 0910411991 Dead Bad Number 3S H Page Number 388 Tax Pared Number D8 42 3281 D43 ul LotlBlock No. NIA NIA The wood 'Property' heron shoal mean all of the foregoing mortgaged propeny To have ad to hold the Property unto the Monppe, its successors and assigns forever. Provided however, That if Mortgagor andler Borrower shall pay to Mortgagee the said drbL Interest, and 14 otter suns and perform all coverants aof apreemenu sectired hereby. than this Mortgage and the estate conveyed by it 09 Terminate and become vo d Warranty of Toils. . Mengapor warrants and represents to Manoage¦ that- fa) Mortgagor is the sole owner of the property and has the right to monme and convey The Property,. 101 The Property is hnencur, red except for eiicunbrrhces now recadedf: and IQ Mortgagor will defend Me title to the Properly against as cla vim and deorarMs except encaint rances now recorded Cewaant: Mortgagor prornses and agrees as follows Is) Monjager will memtam the Property in good cider and repay, IN Monpagor wiA comply with all Taws Tespeclr4 the ownership aMlor use of the Property: It) It The Property urxet an mat h!0. Or she ie 1 umt de"loprnent Mann spar will comply vnth all by laws reptatern and restncrnru of record. Mortgagor wolf pay orwor perform all obLgatwns y gape, y agreement which has priority over Ilan Mono, (el Mwimu will pay or carne to be pad ell taxes and afloat charges assessed or levied on the Pfopeny whin die WA upon MateaWs reowL will deliver to the Mortgagee receipts showing the payment of such chargas If) While any part of the debts secured by this Mortgage ran= tatpad MorlPW protases to obtain and ktep n trice property uaurance and it regwtd by federal law. food ensuafre an the Property The property infra reel must tever loss of or damage to the Property and mist be in on asrloualt wlfieaent to protect Mortgagee's ntaasts, flood insurance new he of the type and at the amount tggwtd by federal law Mortgagor ages to provide Monppe evidence of regsred nwance AN policies must name Mortgagee as a loss payedsewed party and must provide for et least 10 days woollen notice to Mortgages of reduction in coverage of cancellation Mongagor gives wTq?es the right and power to sign Monppr's name sit any chair or draft tram an uniarroee company and to apply the money to any debt secured by this Mongap This is lMmted to chocks and drafts m payment of a tram under an =we= poker for loss or dstupe to the Property or for Softened w foliated Transitions on policies nwrg the Property Mange does not have the rpht to, and Areas that Msonlfsaw will rot, nroka On power of Mtartpapee to make Mootgapols endorsement Monpape may axacae lho pourer la Moripagd!e s beneft will ref for Mortgagor's benefit except as otherwise provided by law. Ill if Mortgagor raft to keep in force the followed ins came andlw fads to provide evidence of such nswanu to Mortgagee. Mortgages may nottiy Monpgw that Mortgagor should purchase the required insurance at Mortgam's expense It Mortgagor lads to purchase the raurarce within the inns stated in the notice addfor fads to provide evidence of sixth ¦ suriecte to Moripap o, Mortgagee may purchase aatrance to protect Mortgagees interest, to the extant permed by applicable low aril charge Mort?apr the cost of The perranr and other minims Mortar mars in purchasing the insurance. THE INSURANCE MORTGAGEE PURCHASES WILL BE SIGNIFICANTLY MORE EXPENSIVE AND MAY PROVIDE LESS COVERAGE THAN INSURANCE MORTGAGOR COULD PURCHASE OTHERWISE Mongagee may receive reasonable Inmpwwtfon for the sarnus which Mbngaga provides in obtaining wry required sawanca a Mbneagors behalf In certain states, the titillated almoner may be abtaated through a hcetaed insurance agency affdlated with MongaW This agency will recent is fee far pondrrg the requred nsurace In addition, an affiliate may be responsible for some or all of the underlying i seance risks and may receive COnpws, - for assutsing such looks If Matppw tale to perform any other duty or obligation required by these Covenants. Mortgagee may, at as cols option advance such sure as it drams necessary to t?ecctt the Property indfw its nghts in the Property under This Mortgage Mongagw arm to reappaoyy Mortgages wig amours advanced in accordance wilt the paragraph. wnth interest upon danarait IN Any uterest payable to Mortgage otter a pnlpmem a emoted or on addniwal sums whanced shag be at the rate provided for in the Note, M Mortgagee may make reasonable entries upon and uspecthons of the Property after gwng MortWpo? pror rosin if any such nspectwrc Id Mortgagor will not set transfer ownership n, a enter unto an reterrrnenf sale emact for the sale of all of any pat of the property: and fk) The pranatft agremw d, and nohls m it, Mortgage shall be bgrYg upon will bmft anyone to whom the Property or the Mortgage is transferred if ova than one Mongagw This MTaIW each end a @I Them are band coksticially section and Mongiope's remedies set loth below shelf not map with any dwrt entered in any legal action aid shad apply u and all ammitssoowed pewe The s nwle in the pad in lug DstaulL Mwtppa wdl be in default under ties Mortgage (a) it there is a defallt under the Note. (til it Monism brooks arty person nook in ltrs Mortgage, (c) if any Mongagw des. id) it wry othw creditor errs to take the Property by legal pwocess. W if wry Mornflem files bankruptcy or if anyone 6ks an make cry baaknptcl against any Mwgapr. Ill if any tax kn or levy at fled w made agaeet any Mortgagor at the Property; Ill of any Monppr her made arty false staremeft in This Mortgage, or IN fi Ule fRapeny is dewoyed or seined or cendemood by federal, state w.bcd prominent Martingales RTwodrss. tMess f rolebted by low, it Mortgagor a in default under the Mortgage, Monpgee may, at its option, after win f*WW by law. if any, declare due and payable ilex efNaa Taped halaica of ds sums wlech are secured by the Matpap and ownp •upon the Note If Monflow so declwes such emir hslallca due will payable. MAortpapse may tska possasiat of floe Properly. coped srry and e.8 reins apply sad rooms to the odeMmk= secured this Mortgage. loon ?ho Mongaga as painted or provided bylaw to cA8ec1 shoe balance ovvag H a dnwtgagr foreclosiee action a an foreclose Morli MOrlprho Mort a take after action Mon nka carp actfom to prolut er motors is rawest m airy cool fIK y stole abort on this is s by such afdior if kldnp 8ankruplcY Lout. tilorigagw agrees to pay to fiswtppee all expenses and cuts ts o of slch actmn, rt partrttpd by per, rcasanaho attorniars' teas ro the inaumum exlrrm pcimtted h law Rantsia I;IrmldwGw IL wit' art imslsrce resin which would pane Mortgagee is accelerate 1ho balance, Mortgagee may take sith union at any tine 8rng which such chrcnrtstadica COrtralaf toast Mbrtgeper's tamefes Tate this Mortgage sAaB lea aedadattre will ON dtetrWrve. Dohiy im EsMsrc t tI" cea delay n as cng any of is rights under this Mongop oft Note without losing that fight. Any waiver by Mongape of any provision of this Mon-- err dr Note rhtl get be s wart of the sm or any other provision on apt other xnsion of this Sshnaa4 IM; Uwe nay ask transfer or Tire Mortepa without Nleroper's consent ?ppRty. any provision of this Mrtgaga is heN to be awakd or unenforceable, such determination shall not affect the vaUty or enforceability of the remaining prworons WITNESS The 3ognrg of Ito Moingage on the date set forth above, ntendp to be legally bound Witness oLt1 ?\ de -e?tl Mortgagor t/ PA Winless Mortgagor • ? ' ? 'z UOnnrr 15323 0400 EXHIBIT f trage Acknowledgment taken to the STATE OF PENNSYLVANIA, COUNfY OF CLL?rllbe?ICL cf-1 On trios Wyaf *t::)(-tic: ?t1hF r" 1? beforeme.__:jjC ? 4(2- V l v y 1 the undersigned officer (who certifies that bilLshe is not an officer or director at PNC Bank, National Association), personally appeared Mn-\ctiil lV 1 `+ G)J\ f1 L laaf + lilt? r known to me for satisfactorily proven) to be the persons) whose namels) is fare] ?sub3 rC rbe abed to the wrgrn instrument and acknowledged that hetshehhey aecuted the same for the purposes therein contained In Witness WlLereol. I hereunder set my hard and oritcfat seal Signatu Tate Noixulail Saw Grande K Bishop. N0tW rtf& Carlisle Ekxo - W Convnlsslm fM Mo? 4A, ;8n- -.- Affidavit of Subscribing Witness [Da rim use if Mortgaoods) acknowledged the Mortgage Atlulavft muss be taken in teefty where Property.is located I Before ine, a notary public Iwho certifies that helshe is rot an officer or director of PNC Bank. Natrenal Association), personally appeared the subscribing wnness to the wt)nn Mortgage, who beep duty swam accadipg to law, deposes and says that helshe was personally present at the execution of said Mortgage, saw [be within noted Mortgagorlsl and _ sign as hislherliffiv act and deed, and deliver said Mortgage 101 The purposes therein set forth, and that the name of this deponent affixed thereto as subscribing witness is of deponent's own proper haidwnling Subscrrbung Wariest Sworn to and ¦ubs-bed before me ms day of Notary Pubic" Certificate of Residence: I, - ?„i ?1p17 do hereby certify that Mortgagee's precise residence is Consumer taxi Center, 2730 Liberty Arena, PjllP ghrX.,1?'i222 Agent for Mongaaee RECORDED in the STATE OF PENNSYLVANIA. COUNTY OF on this day of . in the Office at like Recorder of deads to and for said County in Mortgage Book %lolurre page WITNESS my hand and tine seat of said office the day and year aforesaid Recorder ?JO O Zo3, In W - :) n = _ c0m r^ 'o _ C r-m o m N m cry m , o u n =r rD X 8 : r) m D ? D N :7 to 7 n 0 0 .t C 05 D a to O n m r c m 0 CL W a n ? O H a .c V ?I Q CM Z c 3 I rT re 14hoo. PNCBANK Date of this Notice: April 3, 2008 Robin Barnhart 1483 Goodyear Rd Gardners, PA 17324 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 o?y call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397 (Persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA 1MPORTANCIA, 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: Robin Barnhart PROPERTY ADDRESS: 1483 Goodyear Rd, Gardners, PA 17324 LOAN ACCT. NO.: 040-01-008109438654 ORIGINAL LENDER: CURRENT LENDER/SERVICER: ?EXHIBJT of The PNC Financial Services Group ' Consumer Loan Center 2730 Liberty Avenue Pittsburgh Pennsylvania 15222 q PNCBANK HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: a IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face- to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE 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 tender 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 Ito. AGENCY ACTION -- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD. NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Brim it up to date): NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 1483 Goodyear Rd, Gardners, PA 17324 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 $937.70 for each of the months from February 2008 through LAS I Other charges (explain/itemize): Late Charges for $46.88 TOTAL AMOUNT PAST DUE: $2,807.84 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 $2,807.84, 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 mortaazed 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 mor"Pgage, a NC Financial Services Group Consumer Loan Center 2730 Liberty Avenue Pittsburgh Pennsylvania 15222 PW BANK RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paying the total amount then pas t 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 ivait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: PNC Bank, NA Address: 2730 Liberty Avenue, 2°d Floor, Mailstop: P5-PCLC-02-N, Pittsburgh, PA 15222 Phone Number: (412) 762-3983 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 to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt. YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Very truly yours, Arlene West PNC Bank, National Association cc: 1St Class U.S. Mail, postage ? prepaid CONSUMER CREfCPt11'?S hWQtA> §r9TRVING YOUR COUNTY (see attached) Consumer Loan Center 2730 Liberty Avenue Pittsburgh Pennsylvania 15222 PNCBANK Date of this Notice: April 3, 2008 Timothy R Barnhart 1483 Goodyear Rd Gardners, PA 17324 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 M questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397 (Persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME: Timothy R Barnhart / Robin Barnhart PROPERTY ADDRESS: 1483 Goodyear Rd, Gardners, PA 17324 LOAN ACCT. NO.: 040-01-008109438654 ORIGINAL LENDER: PNC CURRENT LENDER/SERVICER: PNC Bank, NA Member of The PNC Financial Services Group Consumer Loan Center 2730 Liberty Avenue Pittsburgh Pennsylvania 15222 ?PNCBANK HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face- to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to- face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Program Application with one of the designated consumer counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AdAINST 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 G PW BANK 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: 1483 Goodyear Rd, Gardners, PA 17324 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 $937.70 for each of the months from February 2008 through April 2008 Other charges (explain/itemize): Late Charges for $46.88 TOTAL AMOUNT PAST DUE: $2,807.84 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 $2,807.84, 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 rhtartoagefT a PNC Financial Services Group Consumer Loan Center 2730 Liberty Avenue Pittsburgh Pennsytvania 15222 (DPNCBANK RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale You may do so by paving the total amount then past due, plus any late or other charges then due reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE 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 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 CREI?P'?.`O'C EhR 961&ft &VING YOUR COUNTY (see attached) Consumer Loan Center 2730 Liberty Avenue Pittsburgh Pennsylvania 15222 H o m m O D v J 8 A N t o n g c 3 tD r gym oo m ° rr 0 Q N yp w I N O ;u C 0 Z C V1 un ?J. d N m °- lD $ N m a c 3 ch N m ? V a ?, ? ? a m m N N it- I ' ' w i? w I j j ! ! I I ?DDD? I ; ! I Smv0P 3 I > W '` ? o 0 _ N m i IGt I:v t r fQ C ? DODO O i I co m;0 ;u i 2IR m 72 Of ? y ? O p 7 N 7 W N. 0 ? m . 7 CD m X .. T m .. m o °m - ?, Q,-m c d m0 ` 1iy 3 _ 1 N ? m ' S 'Q ??s ? m m m 'a to m d A +? D Sc ? u o m - -? US+KS i__ ?`m v 3 p d c K 7 ? O co \S o ? ? m Sf ti t; re Ca ftrmmati? m, m Spec I Kandl n ' CO Re stricted Dellve ? o R€ntuk- e4.04 $ 11 I Vl V7 Ln to cn to ? Cf) -n r m O mi ro g ° Z Z tO C? 3 c h ?3 Cr N W m wQ CT F+ ?I o y I a ?? a n rt r n m 1p ?' a o ^> m o gd c Ln W 3 z b o 3 N O m m N N OD w r m fD o $ m ? n m w 0 o PI ? ? uy3i ' hI c'? m Irt ????? x ? 1 0 I - x m . !-C . ? 01 W c 0 O Lf ????yy a ? r y m I Q O (D R :0 Iw m o = ?. o I 3 g ?1n d a ow U ???? P. ? ma a 7 n 0 o m j I D m ? p M j sm 3 7 CD O m 7 m .r v G 9 tG m ? ... ID . X b ' . VI G CD ?y mmm? ?m ny N ?O y mm " V m N m a m ? m m t? ? ID A D -- - w w m ro CD - y nm 3 ?s ' m 8 . 0 ? -m oR H 0 a co N n ignat ?c re Co Pirmnati m (n m o peel I Mandl n co Re tricte, Delive -n ;v R (JI (n ett4p ec N ul N L" F a tl W to W K3 w n Ln N L" N Ln N O 0 0 WW O OW 0 w W 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. Attorney Relations Manager PNC Bank, National Association 71 l ?'1 Lo t7 w ?- .c -o ? s n SHERIFF'S RETURN - REGULAR CASE NO: 2008-02801 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PNC BANK N A VS BARNHART TIMOTHY R ET AL WILLIAM 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 BARNHART TIMOTHY R the DEFENDANT , at 1721:00 HOURS, on the 5th day of May 2008 at 1483 GOODYEAR ROAD GARDNERS, PA 17324 by handing to ROBIN L BARNHART, ADULT IN CHARGE 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 11.00 Affidavit .00 Surcharge 10.00 .00 3 9 . 0 0 Sworn and Subscibed to before me this day of , So Answers: P va"? R. Thomas Kline R. Thomas Kline 05/07/2008 TUCKER ARENSBERG By. V-, / Deputy Sheriff A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2008-02801 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PNC BANK N A VS BARNHART TIMOTHY R ET AL WILLIAM 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 BARNHART ROBIN L the DEFENDANT , at 1721:00 HOURS, on the 5th day of May , 2008 at 1483 GOODYEAR ROAD GARDNERS, PA 17324 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 Service Affidavit Surcharge -f// Y/. P (-?, 6.00 .00 .00 10.00 .00 ? 16.00 So Answers: Sworn and Subscibed to before me this day of R. Thomas Kline 05/07/2008 TUCKER ARENSBERG By: ?? eputy Sheriff A. D.