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HomeMy WebLinkAbout04-1064IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PNC BANK N,A. Pl~miff VS. ORVILLE C. RUSSELL, JR. Defendant CERTIFICATE OF ADDRESS: 608 W. LOUTHER STREET CARLISLE BOROUGH PARCEL NO.#05 -20-1796-223 COMPLAINT IN MORTGAGE FORECLOSURE FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD FOR THIS PARTY: LORI A. GIBSON, ESQ. PA I.D. #68013 JON A. MCKECHNIE, ESQ. PA I.D. #36268 MARLENE J. BERNSTEIN, ESQ. PA ID #43574 Bemstein Law Firm, P,C. Firm #718 Suite 2200 Gulf Tower Pittsburgh, PA 15219 412-456-8100 BERNSTEIN FILE NO. F0044982 NOTICE THIS COMMUNICATION IS PROM A DEBT COLLECTOR AND IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA CIV1L DIVISION PNC BANK N.A. Plaintiff VS. NO. ORVILLE C. RUSSELL, JR. Defendm~t NOTICE AND COMPLAINT NOTICE You have been sued in Court. If you wish to defend against the claims set lbrth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served upon you, by entering a written appearm~ce personally or by attorney and filing in writing with the Court your defenses or o[2jections to the claims set forth against you. You are warned that if )ou lhil 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 I,AWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONF, 'I'I:IF~ OFFICE SET FORTH BI';LOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service PA Bar Association P.O. Box 186 Harrisburg, PA 17108 1-800-692-7375 COMPLAINT 1. PNC BANK N.A. is a corporation with offices at 2730 Liberty Avenue. Pittsburgh, PA 15222 and is hereinafter referred to as "Plaintilt". Defendant is an adult individual who resides at 1666 Newville Road, Carlisle, Cumberland County, Pennsylvania 17013 3. On or about June 25, 1998, Defendant executed and delivered to Plaintiff a Mortgage on certain real property owned by Defendant. Said Mortgage was recorded in the Office of the Cumberland County Recorder of Deeds in Mortgage Book Volume 1466, Page 585. A copy of said Mortgage is attached hereto, marked Exhibit "1" and made a part hereof. 4. Of even date with said Mortgage, Defendant executed and delivered to PlaintiffNote, a copy o['whicla is attached hereto, marked Exhibit "2" and made a part hereof. 5. By the terms and conditions of the aforementioned Mortgage and. l)efendant agreed to repay certain sums to Plaintiff and, in so doing, to make certain monthly paymcnts to Plaintiff as is more specifically shown by said Mortgage and Note. 6. Plaintiff avers that Defendant is in default of the terms and conditions of the aforementioned Mortgage and Note by having not made payments as agreed, thereby render'lng the entire balance immediately due and payable. 7, On or about December 9, 2003, Notice of Homeowner's Emergency Act of 1983 were sent to l)elbndant in accordance with Act 91 of 1983(P.L.385, No. 91), as amended, and in accordance with Act (, ~1' 1974 (P.l,, I 1, No. 6), as amended, and pursuant to 12 PA.Code Chapter 31, Subchapter B, Section 31.201 ct seq., as amended, and that an action on said Mortgage ma)' be commenced after 33 days from thc postmark date of said Notice. Said Notice Further advised Defendant ol~ Defendant's rights and obligations in accordance with said Acts. A copy of said Notice is attached hereto marked Exhibit and made a part hereof. 8. Plaintiff avers that the outstanding principal balance due is $44.630.46. 9. Plaintiff is entitled to interest at the rate of 7.74 percent per annum. Interest due through and including February 29, 2004 amounts to $1,771.35. 10. Pursuant to the terms and conditions of the atbrementioned mortgage, Plaintift; at its discretion, may do or pay whatever is necessary to protect thc value of the propcrty and Plaintiff's rights in fl~c property. This sum currently is $1,348.74. I I. Plaintiff is entitled to late charges of the greater of $20.00 Ol' 51~, of the monthly payment of principal and interest per month for a total of $134.50 as of February 29. 2004. 12. By the terms of the aforementioned mortgage, Defendant has agreed to pay Plaintiffs reasonable attorneys' fees which currently are $850.00 and which will increase at the rate of $120.00 per hoar depending on the extent of litigation required. 13. Although repeatedly requested to do so by Plaintiff, Defendant willfully failed and refused to pay thc atbresaid balance, interest, escrow advances, late charges, attorney lbes or any part thereof to Plaintiff. Suite 2200 Gulf Tower Pittsburgh, PA 15219 (412) 456-8100 BERNSTEIN FILE NO. F0044982 0,~-~ ~/1~(,~ MORTGAGE OLNACS Number 7313776 '~ (Closed-End) HO THIS MORTGAGE is made on J~. 25,19 98. The Mo~gagor is 0RVI[h~ C ADSS~L[ JR /- ~ If there is more than one, the word "Mo~gago~ herein refem to each and all of them. The Mo~agee is PNC Bank, National Association The word'Borrcwe~ means ORVI~E C RUSSELL W there is more than 0~e, the word "8orr~e~ hereim refers to eec~ a~d aJ~ 0f the~. Borrower owes MortBagee the sum of Fifty Six Thousand Seven Hued=ed Ninety Four And 05/100 Dollars (U.S. $ 56 794.05 ).This debt is evidenced by Borrowers written obligation (referred to herein as the This Mo~ga~e secures to Mo~ga~ee: (a) the repayment of the debt evidenced by the Note, with interest and other char~es as Omvided therein; (b) the payment of all other sums, with interest thereon, advanced hereunder for the payment of taxes, assessments~ maintenance char~es, ~nsurance premiums and costs incurred to prot~t the securi~ of this Mona[e; (c) the payment of permi~ by ~aw, reasonable a~orneys' fees and expenses, if suit is filed or other a~ion is ~aken to collect the sums owin~ or fo protect the security of ~his Mo~ga~e; (d) payment of any refinancing, substitution, extension, modification, and/or renewal of any of said indebtedness, interest, charges, costs ~nd expenses; (e) the pertinence of Mo~gaBofs and/or 8orroweKs covenants and a~reements under this MoP,aBe and the Note; and (~ the repayment pt the debt evidenced by any note or aBreement which was refinanced by the Note, to the extent that such debt is ow~ to MoKga~ee and has not been ~d. For this pu~ose, Mo~Ba~or does hereby mo~Ba~e, ~rsnt and convey fo Mo~gaBee the foil~in8 described p~pe~, to,ether with all impr~ements now or herea~er erected, and all easements, rights and appu~enances ther~n, Iocat~ at and known as: 608 W ~R ST, ~ISLE, PA 170132214 c~g~ Recording Date of Original Deed Aug. 10, 1992 Deed Book. N~er 35~V Page N~er 76 The word "Property' herein shall mean all of the foregoing mortgaged property. To have and to hold the Property unto the Mortgagee, its successors and assigns, forever. Provided, however, that if Mortgagor and/or Borrower shall pay to Mortgagee the said debt, interest, and ail 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 Proper'b/, 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 Properly against all claims and demands except encumbrances now recorded. Covenants. Mortgagor promises and agrees as follows: (a) Mortgagor will maintain the Property in good order and repair;, (b) Mortgagor will comply with all laws respecting the ownership and/or use of the Property; (c) If the Property is part of a condominium or planned unit development, Mortgagor will comply with all by*laws, regulations and restrictions of record; (d) Mortgagor will pay and/or perform all obligations under any mortgage, lien, or security agreement which has priority over this Mortgage; (e) Mortgagor will pay or cause to be paid all taxes and other charges assessed or levied on the Property when due and, upon Mortgagee's request, will deJiver to the Mortgagee receipts showing the payment of such charges; (t) 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 Proped'J and must be in an amount sufficient to protect Mortgagee's interests; flood insurance must be of the type and in the amount required by federal law. Mortgagor agrees to provide Mortgagee evidence of required insurance. All policies must name Mortgagee as a loss payee/secured party and must provide for at feast 10 days written notice to Mortgagee of reduction in coverage or cancellation. Mortgagor gives Mortgagee the right to siBn 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 end drafts in payment of a claim under an insurance policy for loss or damage to the Property or for retumeo or rebated premiums on poticies insuring the Property; (g) If Mortgagor fails to keep in force the required insurance and/or fails to provide evidence of such insurance to Mortgagee, Mortgagee may notify Mortgagor that Mortgagor should purchase the required insurance at Mortgagor's expense, if Mortgagor fails to purchase the insurance within the time stated in the notice and/or fails to provide evidence of such insurance to Mortgagee, Mortgagee may purchase insurance to protect Mortgagee's interest, to the extent permitted by applicable law, and charge Mortgagor the cost of the premiums and any other amounts Mortgagee inc:,rs in purchasing the insurance. THE INSURANCE MORTGAGEE PURCHASES WILL BE SIGNIFICANTLY MORE EXPENSIVE AND MAY PROVIDE LESS COVERAGE THAN INSURANCE MORTGAGOR COULD PURCHASE OTHERWISE. Mor'~agee may receive reasonable compensation for the services which Mortgagee provides in obtaining any required insurance on Mortgagor's behalf. In certain states, the required insurance may be obtained through a licensed insurance agency affiliated with Mortgagee. This agency will receive a fee for providing the required insurance, in addition, an affiliate may be responsible for some or ali of the underlying insurance risks and roay receive compensation for assuming such dsks. If Mortgagor fails to perform any other duty or obligation required by these Covenants, Mortgagee may, at its sole option, advance such sums as it deems necessary to protect the Property and/or its rights in the Property under this Mortgage, Mortgagor agrees to repay Mortgagee any amounts advanced in accordance with this paragraph, with interest thereon, upon demand; (h) Any interest payable to Mortgagee after a judgment is entered or on additional sums advanced shall be at the rate provided for in the Note; (i) Mortgagee may make reasonable entries upon and inspections of the Property after giving Mortgagor prior notice of any such inspection; (j) Mortgagor will not soil, transfer ownership in, or enter into an insfallment safe contract for the sale of all or any part of the Property; and (k) The promises, agreements and dghts in this Mortgage shall be binding upon and benefit anyone to whom the Property or this Mortgage is transferred. If more than one Mortgagor signs this Mortgage, each and all of them are bOund individually and together. The covenants made in this section and Mortgagee's remedies set forth below shall not merge with any judgment entered in any legal action and shall apply until all amounts owed are paid in full. Default. Mortgagor will be in default under this Mortgage: (a} if there is a default under the Note; (b) if Mortgagor breaks any promise made in this Mortgage; (c) if any Mortgagor dies; (d) if any other creditor tries to take the Property by legal process; (e) if any Mortgagor files bankruptcy or if anyone files an involuntary bankruptcy against Mortgagor, (f) if any tax lien or levy is flied or made against any Mortgagor or the Property; (g) if any Mortgagor has made any false statement in this Mortgage; or (h) if the Properbj is destroyed, or seized or condemned by federal, state or Iccal government. Mortppe's Remedies, Unless prohibited by law, if Mortgagor is in default under this Mortgage, Mortgagee may, at its option, after notice required by law, if any, 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 Propedoj, collect any and ail 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, and/or if Mortgagee takes any action to protect or enforce its interest in any court, including Bankruptcy Court, Mortgagor agrees to pay to Mortgagee ali expenses and costs of such action, incfuding, if permitted by law, reasonable attorneys' fees to the maximum extent permitted by law. Remedies Cumulative. If any circumstance exists which wo.?d permit Mortgagee to accelerate ~'e%li~l~;~ell~fl~g='~ may takJ such action at any time dudng which such circumstance continues to exist. Mortgagee s remedies under this Mortgage sh~=.bJFl~u~l~i~.gn~ r~t altemati~;e. 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 provisionBn any other occasidJ~ _ Assignment. Mortgagee may sell, transfer or assign this Mortgage without Mortgagc~eent. J~ OF ~ PAC"~'s PA Severability. If any Fovision ot this Mortgage is he d to be invalid or unenforceable, such determination shall not affect the validity or enforceabilib! o the remaining provisions oI~his Mortgage. WIi"N---~S the signing'~this Mortgage on the date set forth above, intending to be legally bound. Witness ~ Mo~gagor ACKNOWLEDGMENT STATE OF PENNSYLVANIA COUNTYOF ~v~ ) SS: )~ On this ~ dayof ~C~,& ,19 ~ , before me, ~ the undersigned/./fv,q~ficer/l~(wh° certifies~ t~5~~he/she// is ~an officer or director of PNC Bank, National Association) personally/ knownappearedto me (or satisfactorily proven) to b~ the person(s) whose name(s) is (are) subscribed to the within instrument and ~knowledged that he/she/they executed the same for the pu~t~ontained. /, ~ ~. In Wl~,~f;':l-~er set my hand and off,c,al sea I~'~ ~ AFFIDAVIT OF $UBSCRJBING WITNE$5 My Commi~on ~i~ 1~ ~ ' -~.~.~- · a[G~--use~m ~ _, .~[ Mo~a~or(s) acknowled[ed the MoUlage. Aff~dav t must be taken n county where Prope~y =s Iocated.] Before..~.~g~ ~bhc (who cembes that he/she ,s not an ofhcer or d~rector of PNC Bank National Assoc~atmn), persona y appeared , the subscribin~ witnes~ to the within Mo~a~e, who bein~ duly sworn accordin~ to law, deposes and says that he/she was persona[fy present at the execution of said Motivate, saw the within named and si~n as his/her/their act and deed, and deliver said Mo~a~e for the pur~ses therein set fo~h; and that ~he name of this deponent affixed thereto as subscrib~n~ w~tness is of depo~ent~ own proper handwriting. Sworn to and subscribed before me this Subscribing Witness day of ,19 Notary Public CERTIFICATE OF RESIDENCE --, do hereby certify that the Mortgagee's precise residence is \ STATE OF PENNSYLVANIA ) Agent for Mortgagee RECORDED on this day of~ ~, 1 ,in the Office ~'the~ecorder of Deeds in and for said Count, in Mo~gage Book Vol,,me J~ll~ , page~~ (~ ~' ? ~' : ' WITNESS my hand and the sea of s~id off ce the day and year aforesaid. Recorder · ;: A' ~..~;' , ~-~:,'' ~ ~ . - ~ ~ ." ~ ... ~ ~ ~ --O .... Lender: PNC Ba~, National Association DIRECT INSTALLMENT LOAN TRUTH-IN-LENDIN~"~O'~CL~)SI]~ ,.i'~. 25, 1998 Date: OI.,NACS N. mher 7313776 ANNUAL FINANCE Amount Financed PERCENTAGE CHARGE The amount ct credit RATE The dollar amount the credit provided to the Borrower or The cost of the Borrower's wilt cost the Borrower. on the Borrower's behalf. credit as a yeaNy rate. 7.745 % $ 40045.95 $ 56794.05 Total of Payments The amount the 3errower will have paid after 8orrower has made ali payments as scheduled. The Borrower's Payment Schedule ,,viii be: Number ct Payments ! Amount ol Payments 180 I$ 538.00 Security: Lenderis getting a seourityinterestin deposia or property held by Lenqe~, and: [ JNone. [ ]Goodsor property beh~gpurchased. ¢( )ReaiEstate, [ ] 96840.00 e means an estimate When Payments Are Due Monthly, beginning Sap. 1, 199~ In addition, cotiatera~ (other than Borrower's principal residence} securing other obligations to Lender may aisc secure this Note. Security Interest Charges: [~ ]None. { lF[lingFees$ Variable Rate:[ X l Not Applicable, Late Charge: [ ] Not Applicable. IX ] Ifa payment is not paid in full within 15 days of its due date, Borrower may be charged the r g eater of $20,00 or 5,0 of the totaJ payment, Prepayment: ii Borrower pays off early, Borrower will not have to pay a penalty. Required Deposit Balance: [ Z] NotAppricable. [ j The Annual Percentage Rate does not take into account any required deposit balance. Assumption: If this loan is secured by a dwelling, someone purchasing that dwelling cannot assume the remainder of the loan on the original terms, [ ] The Annual Percentage Rate may increase if the Prime Rate published in The Wall Street Journal increases. The rate wgl not increase more often than once a month. The rate will not increase more than one percentage point in any one month and will nut increase more than five percentage points during the term of the Joan. The rate will never increase beyond I8%. Any increase in the rate es a resuit of an increase in the index may cause tbe number of payments to increase, end/oK [ ] the amount of the final payment [o change. The final payment will never be increased to more than I50% ct the regular payment For example, if your loan were for $iB,000.00 at an inibal rate el 13]/2%, repayable in 48 monthly payments of $270.76, and ~he rate increased to I41/2% after 12 payments, increased ~o 15u2% after the next 12 pay~nents, end then remained the same for the term of the loan, you wuuld be required to pay one additional payment of $254.88. [ ] ~he amount of the payments [o change. )'he amount of the payments may increase every four years. The final payment will never be increased to more then 150% ct [be regular paymenP For example, if your loan were for $I0,000.00 at an initial rate of repayable in 72 monthly payments of $203.39, and the rate increased to 14t/z% after 12 payments, increased to 15u2% aK(er the next 12 payments, and then remained the same Ior the term of the icao, the payment amount would increase tn $227.I2 for the 49th through the 72nd payments. [ ] If Borrower's participation in the automatic payment plan is discontinued for any reason, the Automatic Payment Plan Discount of percentage points will terminate and may cause the rate to increase. Any increase in the rate will cause the amount of the payments to increase. For example, if your loan were for $10,000,00 at an initial rate of 131/2%, repayable in 48 monthly payments of $270.76, and the Discount terminated after I2 payments, the payment amount would increase to $ for the remainder of the term of the Note. See your contract documents for any additional intormation aboul nonpayment, default, any required payment in fuU before the scheduled date and prepayment refunds and penalties. Itemization of AmDunt Financed -Amount Financed ~ See Settlement Stateme]]t {1) Amuunt giveo dJrecOy to Borrower s ~ee ~ettle~ent Statement {2) Amount paid on Borrower's account $ (3) Amount retained by Lender for $ [4} Amount paid to others on Borrower's behalf: {a) to public offimals ~ See Settlement Statement (bi for credd insurance s see settlement statement Cd} lo $ (el to $ (f) to $ [gl to $ (hi ~o $ [ii to Prepaid Finance Charge s Itemization of Amounts paid by Borrower at the time the loan is made: IL} pea 5ett, haent $ (2} _$ (3) $ CREDIT INSURANCE IS NOT REQUINED: Credit Life Insurance and Credit Disability rnsurance are not required to obtain credit, and will not be provided unless 8orrower(s) sign below and agree to pay the additional cost(s), insurance may be purchased on the life of one or two Borrowers. Credit Disability Insurance re,ay be purchased on only one Burrower. I~ obtained through Lender the cost of the insurance for the original term of the credit is stated be ow Lender may receive tinanc benefits fro theJ~3'rower s o,u~:hase or insurance. "Borrower" who is insured mav not be a Co-Maker I want Single Credit Lite Insurance which costs $ 2794.05 SiEnatu~e o~ Person to be insured ~o~nzle Credit Life Insurance I want Single Credit Disability Insurance which costs $ We want .Joint Credit Life Insurance which costs $ Borrower does net desire or is not etigible for credit insurance: Signature pi Person to be insured for Single Credit Disability Insurance Signatures of Persons to be insured for Joint Credit Lite Insurance Signature of Borrower Notice to Borrower(s): The maximum amount of coverage which insured Borrower(s) will receive is set forth in the certificate or policy, as applic~bJg.., Lender'sSindelnterestfnaurance: b( lNotAp¢iuable. [ ]Le~der~S~n~eI~e~est~nsura~ce~srequ~edasac~ndi~`~hi~d~r~b~aint~ei,~u~ance~ma~ne acceptabte to Lender. If obtained from Lender, the cost will be $ . ~ I · m m m DIRECT INSTALLMENT LOAN NOTE 6.~TEC~RGE: )NotAp~ble. [X Borne agr~ya~afatecharge L DEFINITIONS: Jn this Note, the word "Borrower" means each and al? those who sign below for a~y pA~not paid i~ul[ withi~ days ~ dl~,~[~charge wi[J be the and each and ail of those who endorse the check which disburses the Amount given directly to ~reater of~zg, ooocs~ount ~men ~Ch was not paid in full No late Borrower." charge will be due, however, d the reason fha he paymen s ate s ether (al a~ributable to The word'Lender~ means PNC B~k National Association a late charge assessed on a prior paymen; o b because afro de out by Bo rower, he G~(tI. JH INSURANGk I~ ,'lUI XI:(~UH¢-D: bruit Lne rnsurance ann ,.~remr u~saom[y Insurance are not required ',a obtain nrediL and ,¥iil :let be proviaed unless Borrower(s) sign below and agree pay he addgional cost(s/, msurance rQay be ~u cha~ed on the ule ol one ar h~o aorta,verB. ,~, end ,~sabd~h' ,n~rance may be purcnasea :n only one Bnrro,ver. ,[ obtamed ~hrough Lender~he ,.0st the nsurJnce lo the o ig na erm gl ~he credo is ~tated below. Lender may receive hnanc,~tJ benenta from lhe,~ro,,ver ~ou~:hase ol insurance. 'Borrower" who is insured may net be a Co-,'Jaaer. S ngle Cred,t L, e ns rance wn,ch cos s $ 2'7 OS ' Signature of ?e~son ~o be insured lot Sfngie Credit Lde nsurance Iwant ~ingie Credit Disability Insurance which costs ~ We want Joint Credit Life Insurance which costs $ Borrower does not desire or is not eligible [or credit insurance: Signaiure o! Parson to be insured icc ginnie Creed gisao~Jity insurance Signatures oi Persons to be insured !or ~oinl Credit LJle rnsurance Signature of Borro',ver Notice ~o Borrower(s): The maximum amount ol coverage which insured Borrower(s] wig receive is set lertb in the certdicate or policy, as applicable. Lender's Single Interest Insurance: ~X J No~ Applicable. I j Lender's Single interest Insurance is required as a conddion of this credit, Borrower can obtain the insurance rrm anyone acceptable to Lender. If obtained Irom Lender, the cost ,,viii be $ DIRECT INSTALLMENT LOAN NOTE 1. DEFINITIONS: In this Note, the word "Borrower' means each and all of those who sign below and each and all of those who endorse the check which disburses the 'Amount given directly to The word'Lender" means , PNC Bank, National Association or any person [o whom this Note nas peen (raflstmreo. 2. BORROWER'S PROMISE TO PAY: To repay this loan, Borrower promises to pay to Lender $ 5679~. 0,5 , with interest on the unpaid balance ~rom the date Iunds are advanced untd paid in full. interest shaft be paid at the rate per annum pi '7. 740 Borrower promises to make payments in accordance with the payment schedule stated in this Note. Borrower promises to pay to Lender all other amounts which may become due under the terms o( this Note, including i( applicable, Late Charges and Costs of Collection, ~crrowet agrees id make payments at the place designated by Lender, Borrower may also be required to pay to Lender certain other charges before Lender wdl give any money to Borrower. These charges, any, are stated above in 'Itemization pi Amounts paid by BOrrOWer at the time the moan is made" and/or in the Settlement Statement. 3, PAYMENT SCHEDULE: Borrower agrees to pay to Lender the amounts due under this Note: [~ ] in uninterrupted monthiy payments: 179 payments of $ 538.00 and a final payment, which will be bdled by Lender, pt ali remammg unpaid amounts, Payments wiit be due on the same day ol each month start]ng on Se~. 1, 1998. Payments ',ill continue untU all amounts due are paid, [ ] )n uninterrupted monthly payments, except lorthe months ahowm payments of $ and a final payment, which wilt be billed by the Lender, pi all remaining unpaid amounts. Payments w~l be due on the same day of each month starting on ,PROVIDED, HOWEVER, ihat no payments shall be due during the months of or each year { ] in a single payment pi $ plus accrued interns( and ail other I I In addition, prior to the month of the first scheduled payment as stated above, interest hall 6e payable monthly on the unpaid balance and shall be due on the same day pt the month as the later payments, The date that the final payment is scheduled in this paragraph to be due is called the 'Maturity Date' of this Note. 4. VABIABLERATE:[ X I NotApplicabie. [ ) Fhe in(ernst rate on this Note may change based on changes in the interest Rate )adex, See the "Changes )n interest Bate~ section on the reverse side pi this Note. 5. AUTOMATIC PAYMENT PLAN: [ ) No(Applicable, ~ ) Borrower authorizes Lender to deduct the payments on this loan [rom Borrower's deposR account number 5140188271 on each scheduled payment due date. The interest rate on this loan may increase by O. O0 percentage points ("Automatic Payment Plan Discount') if participation in the automatic payment plan )s discontinued for any reason, including: {al il any Borrower chooses (o terminate participation; (bi if the deposit account identified above is closed; or (c) if there are not sufficient funds in the account to make the tull monthly payment on three payment dates. NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION 6. LATE CHARGE: [ ) Not Applicable. X Borrower agrees that Lender may assess a late charge for any payment not paid in fu~l within 15 days of its due date. The late charge will be the greater of $20.00 or 5% ot the total amount of the paymen 'which was not peid in fuji, No la e charge will de due, however, if the reason that the payment is mate is either: (al attributable to a late charge assessed on a prior payment; or (b) because, after default by Borrower, the entire outstanding balance on this Note is due. No more than one late chargp will be imposed for any single scheduled payment. 7. MONTHLY PAYMENl CHANGES: ~ 1 The payment amounts wdl not change over the term pi the loan except as stated in the "Payment Schedu e." The payment amounts may increase if Burrower t~'minat~'s participation in th~ automstic payment plan. Lender ~il~ determine the amount or equal monthly payme~ that would be suffkient to repay ~n ~u)l, by the Matur)~ Date. ~he unpmd principal balance that is exp~ted to be due on the payment change date, a( the reforest rate in effect al the time the copulation is being made. Lender wi{~ notify 6onowe~ of the new amou~to( the p~yment ,vh{ch {s 6un, Changes )n the interest rate may cause ~he number of payments to change and/or the amount of the final payment to change. One month before the Maturi~ Date, d necessary~ the number of payments due w~ll increase so that the finai payment will not be more than I50% of the prevbusmy scheduJed momhly payment. [ ] Changes in the interest rata may cause the number pt payments to change and/or the amount of the payments to increase; the ))rat change in the payment amount may occur on a date 48 months after the due date of the first monthly payment; subsequent changes, if applicable, w~Zl occur every 48 months thereafter. Not more than 45 days, but not less than 25 days, before the date pi each payment change, Lender will calculate the new payment amount: The payment amount may mcroase but will not decrease, except for the final pa/periL Lender wd) determine the amount pt equal monthly payments that would be sufficient to repay }n full. by the Maturity Date, the unpaid principal balance that is expected to be due on the payment change date, at the interest rate in effect at the time the calculation is being made. Lender will , notify Borrower of the new amount of the payment which is due. One month before the Maturity Date, if necessary, the number of payments due will increase so that the final payment ',vd) not be more than 15D% pt the previously scheduled monthly payment. g. THE ADDITIONAL PROVISIONS ON THE REVERSE SIDE ARE INCORPORATED HEREIN AS PART OF THIS NOTE. BORROWER ACKNOWLEDGES BECEJPT OF A COMPLETELY PILLED-IN CORY OF THIS NOTE. BY SIGNING BELOW, BORROWER AGREES TO BE LEGALLY BOUND BY ALL THE TERMS AND CONDITIONS OF THIS NOTE. Each of the Borrowers guarantees that the signature of any Borrower is genume. ORVILLE C RUSSI~T.T, ,~'/ Borrower Date Borrower Date 9, CO-MAXERS--SEE NOTJCE TO CO-SIGNER ON THE REVERSE SLOE: Any Borrower who is designated as a Co-Maker agrees to be equally responsible with all other Borrowers )or the payment of this loan and performance of all promises in this Note. Co-Maker Date Co-Nlaker Date PNCBAN<: Date of this Notice: December 9, 2003 ORVILLE C RUSSELL, JR. 1666 NEWVILLE RD CARLISLE, PA 17013 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in defaulL and the lender intends to foreclose. Specific information about the nature oftbe default is provided in the attaebed ;~ages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMP, P) 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 Petmsylvania 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 fred a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA 12ViPORTANCIA, PLIES 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 F/NANCE 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: ORVILLE C RUSSELL, JR. / ORVILLE C RUSSELL, JR. PROPERTY ADDRESS: 608 W LOUTHER ST, CARLISLE, PA 17013 , LOAN ACCT. NO.: 040-01 °008011202600 ORIGINAL LENDER: PNC CURRENT LENDER/SERVICER: PNC Bank. NA member of The PNC Financial Services Group PAGE _ EXHIBI I OF PAC-ES Consumer Loan Certt~..r 2730 Uberb/Avenue Pittsburgh Pennsylvania 15222 PN CBAN< 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 WI'IH ~ 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 OTI4~.R ELIGIBILITY REQUIREMENTS ESTABLISHED BY ~ PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of fo~closum 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 aider 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 fight 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 OTH~R TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. A member of The PNC Financial Services Group Consumer Loan Center 2730 Liberty Avenue Pittsburgh Pennsylvania 15222 PN CBAN AGENCY ACTION - Available funds for emergency mortgage assistance are ve~d 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 TH]~ 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 ~ DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgnge Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it un to date}: NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 608 W LOUTHER ST, CARLISLE, PA 17013 IS SERIOUSLY R4 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 $538.00 for each of the months from October 2003 through December 2003. Other charges (explain/itemize): Late Charges for $53.80 TOTAL AMOUNT PAST DUE: $1~667.80 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 $1,667.80, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING TI~ THIRTY (30) DAYS PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made vavable and sent to.' PNC Bank, NA, 2730 Liberty Avenue, 2~ Floor, Mailstop: PS-PWLC-02-I, Pittsburgh, PA 15222 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the morti!a;,e 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 mortgaeed property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgage property will be sold by the Sheriffto pay offthe 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 re~luired 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 me ~rt~ef me PNC Financial Services Group Consumer Loan Center 2730 liberty Avenue Pittsburgh Pennsylvania 15222 PNCBANK RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with Sheriff's Sale as specified in writing by the lender and by performing any other requirements trader 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 fred 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. Mailstoo: P5-PWLC-02-L Pittsburgh, PA 15222 Phone Number: (412) 762-1214 or 1-800-878-0027 Contact Person: Lori Shelton 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 TH]RD 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 TI-HS 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: 1a Class U.S. Mail, postage prepaid CONSUMER CREtOl~I~o~i~]~q~¢X~ERVING YOUR COUNTY (see attached) Consumer Loan Center 2730 Liberty Avenue Pittsburgh Pennsylvania lS222 PN CBAN( Date of this Notice: December 9, 2003 ORVILLE C RUSSELL, JR. 608 W LOUTHER ST CARLISLE, PA 17013 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 WITI-IIN 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 A~encies servin~ your County are listed at the end of this Notice. If you have any auestions, 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 AD JUNTO 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 IVIENCIONADO 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 REDIMJR SU I-ffPOTECA. HOMEOWNER'S NAME: PROPERTY ADDRESS: LOAN ACCT. NO.: ORIGINAL LENDER: CURRENT LENDER/SERVICER: ORVILLE C RUSSELL, JR. 608 W LOUTI-IER ST. CARLISLE, PA 17013 040-01-008011202600 A member of The PNC Financial Services Group Consumer Loan Center 2730 Lil:~r~Avenue Pittsburgh Penns~tL lS222 EXHIB IT I OF PAGES 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 TH/S 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 oroperty 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. A member of The PNC Financial Services Group Consumer Loan Center 2730 UbertyAvenue 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 flits decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF 'I'H~S NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Brine it up to date): NATURE OF ~ DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 608 W LOUTHERST, CARLISLE, PA 17013 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following mounts are now past due: Monthly payments in the amounts of $538.00 for each of the mouths from October 2003 through LASI. Other charges (explain/itemize): Late Charges for $53.80 TOTAL AMOUNT PAST DUE: $1~667.80 HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS oftbe date of this notice BY PAYING ~ TOTAL AMOUNT PAST DUE TO ~ LENDER, WHICH IS $1,667.80, 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 se to: - PNC Bank, NA, 2730 Liberty Avenue. 2~ Fl°°r. Mailstop: P5-PWLC-02-L Pittsbur~.h. PA 15222 IF YOU DO NOT CURE TIlE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date t this Notice, the lender intends to exercise its ri~,bts to accelerate the mortgaee 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 monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lende lso :ntends to instruct its attorneys to start legal action to foreclose uoon your mortgaged nronerty. IF THE MORTGAGE IS FORECLOSED UPON - The mortgage property will be sold by the Sheriffto pay offtl mortgage debt. If the lender refers your ease to its attorneys, but you cure the delinquency before the lender begins 1 proceedings against you, you will still be required to pay the reasonable attorney's fees actually incurred, up to $50.1 However, if legal proceedings are started against you, you will have to pay ail reasonable attorney fees actually incu by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, whic may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY neriod, you will be required to nay atturnev fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and al sums due under the tnn~fgagef ne ~mc Financial Services Group Consumer Loan Center 2730 Liberty Avenue Pittsburgh Penn~lvania 15,222 PNCBATXK RIGHT TO CURE THE DEFAULT PRIOR TO SHEREFF'S SALE - ffyou have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you st!Il have the right to cure the default and prevent the sale at any time u~ 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 char~es 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 aa if you had never defaulted. EARLIEST POSSIBLE SF[ERWF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged proper~ could be held would be approximately six months from the Date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: PNC Bank. NA Address: 2730 Liberty Avenue, 2~ Floor, Mailstov: PS-PWLC-02-L Pittsburgh, PA 15222 Phone Number: (412] 76 or 1-800-878-0027 Contact Person: Lori Shelton 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 ~msferee 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 TI-flRD 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 TRv~S 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: 1a Class U.S. Mail, postage prepaid CONSUMER CREDIq~O~3~]~c~ENL~iSERVI~IG YOUR CO~ (see a~ch~) ~nsumer ~n Cen~r 2730 ~ A~nue Pi~bu~h ~nn~vania 1~22 PNCBANK VERIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities, that she is the Asistant Vice President and Attorney Relations Manager of PNC Bank, N.A., Plaintiff herein, that he is duly authorized to make this Verification, and that the facts set forth in the foregoing COMPLAINT are true and correct to the best of her knowledge, information and belief. ASSISTANT VIC~PRESIDEI~% (Sign in Blue Ink) A member of The PNC Financial Services Group PNC Vehicle Leasing, LLC 2730 Liberty Avenue Pittsburgh Fennsyivania 15222 4746 www. pncbank.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PNC BANK N.A. Plaintiff(s) No. 04-1064 VS. ORVILLE C. RUSSELL, JR. Defendant PRAECIPE FOR DEFAULT JUDGMENT FILED ON BEHALF OF Plaintiff(s) COUNSEL OF RECORD OF THIS PARTY: LORI A. GIBSON, ESQUIRE PA ID#68013 JON A. MCKECHNIE PA ID#36228 MARLENE J. BERNSTEIN, ESQUIRE PA ID#43574 Bemstein Law Firm, P.C. Firm #718 Suite 2200 Gulf Tower Pittsburgh, PA 15219 412-456-8100 DIRECT DIAL: (412) 456-8138 BERNSTEIN FILE NO. F0044982 NOTICE THIS IS AN ATTEMPT BY A DEBT COLLECTOR TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PNC BANK N.A. Plaintiff vs. Civil Action No. 04-1064 ORVILLE C. RUSSELL, JR. Defendant PRAECIPE FOR JUDGMENT To the Prothonotary: Kindly enter Judgment against the defendant above named and in favor of the Plaintiff, in the default of an Answer, in the amount of $49,560.05, plus continuing late charges, escrow and corporate advances at the rate of 7.74% per annum on the declining balance computed as follows: $48,735.05 $ 771.20 $ 53.80 Amount claimed in Complaint Interest from 3/1/04 through 5/4/04 Late charges from 3/1/04 through 5/4/04 TOTAL $49,560.05 I hereby certify that appropriate Notices of Default, as attached have been mailed in accordance with PA R.C.P. 237.1 on the dates indicated on the Notices. BERNSTE1N LAW FIRM, P.C. A2omey for Plainf/ff Suite 2200 Gulf Tower Pittsburgh, PA 15219 (412) 456-8100 Plaintiff: c/o Bemstein Law Firm, P.C., Suite 2200 Gulf Tower, Pittsburgh, PA 15219 Defendant: 1666 Newville Road Carlisle, PA 17013 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PNC BANK N.A. Plaintiff VS. Civil Action No. 04-1064 ORVILLE C. RUSSELL, JR. Defendant NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaimiff (xx) Defendant ( ) Garnishee Your are hereby notified that the following Order or Judgment was entered against you on (xx) Assumpsit Judgment in the mount of $49,560.05 plus costs. ORVILLE C. RUSSELL, JR. 1666 NEWVILLE ROAD CARLISLE, PA 17013 () Trespass Judgment in the amount of $__ plus costs. () If not satisfied within sixty (60) days, your motor vehicle operator's license and/or registration will be suspended by the Depamnent of Transportation, Bureau of Traffic Safety, Harrisburg, PA. (xx) Entry of Judgment of ( ) Court Order ( ) Non-Pros ( ) Confession (X) Default ( ) Verdict ( ) Arbitration Award Prothonotary By: PROTHONOTARY (OR DEPUTY) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PNC BANK N.A. Plaintiff VS. Civil Action No. 04-1064 ORVILLE C. RUSSELL, JR. Defendant IMPORTANT NOTICE TO: ORVILLE C. RUSSELL, JR. 1666 Newville Road Carlisle, PA 17013 Date of Notice: April 20, 2004 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND F1LE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Lawyer Referral Service PA Bar Association P.O. Box 186 Harrisburg, PA 17108 1-800-692-7375 Bemstein Law Firm, P.C. By:/s/Marlene J. Bemstein, Esquire Marlene J. Bernstein Attorney for Plaintiff Suite 2200 Gulf Tower Pittsburgh, PA 15219 (412) 456-8100 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities, that the parties against whom Judgment is to be entered according to the Praecipe attached are not members of the Armed Forces of the United States or any other military or non-military service covered by the Soldiers and Sailors Civil Relief Act of 1940. The undersigned further states that the information is true and correct to the best of the undersigned's knowledge and belief and upon information received from others.