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09-4816
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, VS. JOSEPH J. ESPOSITO AND DIANE ESPOSITO, Defendants. I hereby certify that the property to be foreclosed upon is: 41 Teaberry Drive Carlisle, Pennsylvania 17013 Township of Middlesex Tax P&cel No. 21-05-042T215 A. for Plaintiff CIVIL DIVISION No. Oq-4$(6 0IV6(TerM CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE Filed on behalf of PNC Bank, National Association, Plaintiff Counsel of record for this party: Brett A. Solomon, Esquire Pa. I.D. #83746 bsolomon@,tuckerlaw.com Michael C. Mazack, Esquire Pa. I.D. #205742 TUCKER ARENSBERG, P.C. Firm #287 1500 One PPG Place Pittsburgh, Pennsylvania 15222 (412) 566-1212 BANK FIN:354684-1 000011-097225 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, CIVIL DIVISION No. VS. JOSEPH J. ESPOSITO AND DIANE ESPOSITO, Defendants. IMPORTANT NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717)-249-3166 1-800-990-9108 BANK FIN:354684-1 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 provisiones de esta demanda. Usted puede erder dinero o sus propiedades o ostro derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIALAMENTE. SI NO TIENE ABAGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENIRA ESRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717)-249-3166 1-800-990-9108 BANK FIN:354684-1 000011-097225 I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, ) Plaintiff, ) vs. ) JOSEPH J. ESPOSITO AND ) DIANE ESPOSITO, ) CIVIL DIVISION 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, Joseph J. Esposito and Diane Esposito ('Defendants"), are adult individuals whose last known address is 41 Teaberry Drive, Carlisle, Pennsylvania 17013. 3. On or about March 12, 2004, Joseph J. Esposito and Diane Esposito ('Borrowers"), executed a Direct Installment Loan Disclosure and Note ("Note") whereby Borrowers promised to pay to Bank the principal amount of $178,087.81 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 March 12, 2004 (the "Mortgage") given by the Borrowers to Bank, encumbering certain real property located at 41 Teaberry Drive, Carlisle, County of Cumberland, Pennsylvania, as more particularly described therein ('Premises"). The Mortgage was recorded on March 29, 2004 in the Office of the Recorder of Deeds of BANK FIN:354684-1 000011-097225 • Cumberland County, Pennsylvania in Mortgage Book Volume 1858, Page 3084. 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 March 1, 2008 and as of May 22, 2009 was past due in the amount of $21,540.65. 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 January 29, 2009, 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 May 22, 2009 was as follows: Principal Interest through May 22, 2009 (continuing thereafter at $21.2937 per diem) Late Charge Recur Fee Attorneys' Fees Costs $148,324.73 10,116.31 1,005.48 20.00 1,015.00 to be added TOTAL $160,481.52 10. The total amount due to Bank under the Note and Mortgage as of May 22, 2009 was One Hundred Sixty Thousand Four Hundred Eighty-One and 52/100 Dollars ($160,481.22), plus costs and attorneys' fees. BANK FIN:354684-1 000011-097225 WHEREFORE, Plaintiff demands an in rem judgment in mortgage foreclosure for the amount due of One Hundred Sixty Thousand Four Hundred Eighty-One and 52/100 Dollars ($160,481.22), plus continuing interest at the contract rate from May 22, 2009, late charges, reasonable attorneys' fees and costs of foreclosure and sale of the Premises. TU KER ARE ERG . P.C. By: Brett A. Solomon, Esquire Pa. I.D. #83746 1500 One PPG Place Pittsburgh, Pennsylvania 15222 (412) 566-1212 Attorney for PNC Bank, National Association, Plaintiff BANK FIN:354684-1 000011-097225 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, Vs. JOSEPH J. ESPOSITO AND DIANE ESPOSITO, Defendants CIVIL DIVISION No. AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF ALLEGHENY ) I, Brett A. Solomon, Attorney for PNC Bank, National Association, being duly sworn according to law, hereby depose and say that the Defendants, Joseph J. Esposito and Diane Esposito, are not members of the military service of the United States of America to the best of my knowledge, information, and belief. Attorney for PNC Bank, National Association Sworn to and subscribed before me this (4 day of cis Notary Public My Commission Expires: 2009 COMMONWEALTH OF PENNSYLVANIA Notarial Seal Linda M. Schall, Notary Public City of Pittsburgh, Allegheny County my commission Expires Apr. 8, 2010 Member, Pennsylvania Association of Notaries BANK FIN:354684-1 000011-097225 (Page 2 of 4) ill Page 1 of 3 Direct Installment Loan Disclosure and Nate Borrower: JOSEPH J ESPOSITO !.ender: PVC Bank, llstionai Assoeiation DIANE ESPOSITO tab ClrwW Q Not Apid'icade. ® If a payment is am paid is fig within 15 days of its doe date, Remover may be ddorged de Wooer of $20.00 or 5% of the total payment, Psr1n- I N Borrower pays off early, Borrower will no have to Pay B levelly. 0 omlm1 llopBait Babaw(D Not Appidald . Q The Mend Pernoep Rata data not take into account any required deposit behave. Aooomplim If ens ban is secured by a dwa[ft sooBao prdmvsimmg blot dvafi g cannot assure the remainor of the Lvea soft origid terns Items preceded by "Q' are not applicable unless marked -®' or the equivaMnt. Truth4ri-Lending Disclosures p pp?? P ENTAGE CM Arnount Rnarlced The a e oat d credit Total of Payments The mmount the Borrower R TE The cost of the Borrower's credit as a yarly rate. The daft amount the creed will cost the Borrower. ! to the Basrower or an the Borrower's hurl. h have paid after Borrower hu made all payments as scheduled. 5.239% $ 80,159.99 $178,087.81 S 258,247.80 The Borrowers Palrmest Scherrds will he: a mrane t.n ?stimae Nvruba of Payments Amount of Who Paymeaft Am Due " 180 $ 1,434.71 !? . bodm*m 0510112004 Security: Lmder is getting a security interest in deposits or qty held by Lender and: LJ Note. (?7 Sao& w property being fardm?d ® Rat Estate. Q In addition, collateral (other than Borrower's principal resI' ' secwieg attar obligations to Leader may also secure this Note. so toter Charges: [ ] Filing Fees $ 65.50 Variable Rate Q Not Applicable. ® This toes contains a variable rate feature. Disclosures aheot de rdtntlb rate faer0 bwe been provided to you earlier. The Amoral Percentage Rate may increase if the Prime Rate prtielei is M NW Save Jmvd increases. The rate will Bar increase mere often than ones a month. The rate will art iacaBm van rtes son percentage paint in my one month Bad will an increase mw e than fee peroeaaga pains during the two of der lea. 7ho rate wi awe wmm haymd 18%. Any increase in de tau as a rmlt of an bause in the i1du may cam de aai a of p - N %mmm Buffer: Q the amount of the fed payment to change. In hod polm" wN over be increased to rare than 150% of taw repdar payslent. For example, H your ban were fir $ IO.DDILAO at at aide no of 13112% ropsyahla in 48 r withly peyce as of $270.78 and the rate hmmBaed to 14 112% after 12 pgaant; imcrrmd to 15 1f2% after ill nest 12 payments, and Where remained the same for do tarn of the Ivan, you weld be ra*iad N pry Bno additional ppnat of $254.88. Q the amount of the payments to danger. The assent of the pBMaraatc May imam every fear years, The inf r initial merat of13 112%, repayable in 72 monthly popnat. 2MA and the rate bm Did to 14 1wave 12% for Blow 12 P" wft iweBaed te 15 112% after the next 12 payn e" Bad than taaa- do sane ter the tam of the ban, do payment amount wouhl kncream to $227.12 far de 49th through the 72nd paymenmb Q If Borrowers particordw it the adematic psyrwnt gin is demroirad far ally tame the AWWA16C PWM09 Plan Disaud Of percentage pabds WE terminate and may dam the no in' rerBBBB Any nerev a in de aft will taume the mom of the leynnts so increase. For example, N year ban were for 1140MM animal rate of 13112%, rapolrdle in 48 monthly payments of $27878 wel the Discount termgete ! after 12 paynaw" the pByweo ammo IBandd ineram N $ for the rains. , of the term of the Note. (The payment wo pie Bananas Bert Bren hunt abtted to pnedese Clem Insurance.) Q If Belowet s patidpatin in the Club or Pectap No is n Kea inad for sly rousoq the CM Discount of pacentap poiau rim terminate and may raaN this rate to' altrem. Any arm in der We will cam the 8mwa11 of the payments te inemau. for ensplR V yam ion was fee $10,000.00 af o kited irdse - ralssf 13112%, tspayable in 48 atnnddy peyaBaCms of t27R78 and the Club Discom laminated after 12 pop ants, the payraot ann o add ialNBa to $ for the remainder of the tam of the Nato. (The paymam esataple assoeus Buiewa has of ibeled b pwdam Colt heurace.I sm pr eelllract documents her Bomay?y additional bleneatbe doe n gwpm deist- any ogdred repayment it fug before the schrdmfed dab and prepaymrenl rofnrmds ad pedtiw Credit knawantse Is Not Required. Rorroww R$sy Carted Credit insurance at Any Tkm VWthout Penalty. CMM Life Insurance and Credit OisAft henraece are no Mr - N slaves mid, and will ten be provided unless Bar me signs below Bad agrees to pay the addtiod asds). Iowans way he pochmd on do ib of am or two Borrowers. Credit Disability Insurance may be paehmd on only oBa Borrower. If ablated dmo leader the cast of do' - arfar the original term of the cram is stud below. tads may receive f of benefits from the Stoneware parries of insaoee "Borrower" who is unwed may net be a Co•14akw. I was We Credit Life Insurance which costs $ 1 wad Single Colt Disability Insurance whirls costs i We want Jae Credit Life Insurance which costs $ Bottom does not desire or is not eligible for credit im Notice to Bamoveul d: The maxnavm atmeed of coves Direct Low Note Index. The ilex is far m;oadenunince ad nfwe e. h sled rot unit the romp or scope of sire paragraph w erection. The numbers refer to the paragaph mrdmms of the Net. Acceleration of the outstanding balance Appicatim of payment 9 24 Attotrgre'?.._......___.,__..».?__».._ 2.22 Aanwoic PN1eent 5 Borrowers responsibilities ,,,-,_____.._.....2.14,25,27,31 Daft cots 2 Club w Package Plan 6 Collateral _.._._._...__ __..___J820,23 Co1lecGerc expenses.. _ _. _ _. _ _..__._ 2.22 Comlrooieatienn ealcermmkgh deputed dd ts,,,,,,_,,.,,,,_,,,,, 29 Coepohg interest a Court meats _ _ ..»...__ .. ___._ 2,22 Dodfh [=we= ........ __.._.26 Credt reports .............. EFOM100055-e1e2 PNCBA M Date: 0311212884 Itanuation of Amount Financed unt Famnced $ See Settlement Statement Ill Annul *m directly to Borrows $ See Settlement Statement t21 Amount paid on Borrower's account $ see Settlement Statement (31 Amman retained by Leader for $ See Settlement Statement Amount paid to others on Borrower's bow: to public officials $ See Setdstent Statement 0d for credit insurance S Id to See Settlement Statement $ Oro 10 to S to to S to S N S to S Repaid finance Change $ Sea Settienreat statement itemization of Amounts paid by Brower at the thte the ban is made: 1) $ $Be Settlement Statement S Sigmare of Perm= to be insured for Single Credit Lift hsaace Sgnahn of Person to be insured for Single Craft Disability WE raxio Is set forth in mgr Moodily N7 Mwift Nye Mddple pain 25 Paid in hi darks 28 Paywme Blpbetiee a Payment Oo 3 Paynend Penrod MpBaaMtlves bowl »....... . ...... ............... .. 27 Repayseo is Ramer N per---"*,- --,,-"---...-.- 2 Properly iuur=m .__._.._ ......... _.....»»._._ 20 RA of hoswas 17 MINIMUM seasity 17 Rwsis _ 14 Retow cheek amp 1 Socttyislwnt Security' ntarBat dorm _ .._..._»».___._.....w.._ 18 Security bterast in deposits 23 Verb* Wawa _.»_. »._._..._....... .... _1215 Daily baboons »»__ __..»4,6 Daily' . We net __ 14 Oslo/ je eetom D"uk 23 Mage" debts Early 19 Fhwdieneroce! _ Sawruing few _.... _ _ 28 Value level heaaochacka _ „_,21 btonat afar oaMit and pnmlo _? 13 IntMBa1reN?--___- __2,4,5.6.7,8,13 IatecbrgBa .--.2,22 ladw Y Landers right to adam 21 OLNACS d 16036336 EXHIBIT A (Page 3 of 4) Page 2 of 3 Direct Installment Loan Disclosure and Tote Borrower: JOSEPH J ESPOSITO Lender: PNc Bank, Rstmad Association Date: 0311212004 DIANE ESPOSITO Direct Installment Loan Note 1. Definitions. In this Note, to word 'Borrower means each and all of those who sign this Nuts and each and ON of those who endorse the check which disburses the "Amount given directly to Borrower" The word "Lads" man PVC Bak National Associatwn or any person to whom this NO has been transferred. 2. Borrower's Promise to Pay. To repay this Imo. Borrower proreses to pay to Leader $ 178,087.81 , wftb hunt an the unpaid balm from the dew funds are advanced until paid in fall. Iraerut shop be paid at this taw per mum of 5.240 S. Borrower promises to sake payments In accordance with den payment adedele stated in this Note. Borrows ptomaines to pay to tender 31 other armMS which may became des under the toms of this Nile, ioduft if -Ricatde Crest Isurance Prmduns, Law Charges and Coats of Cdectian Borrows agrees to make Payments at the piece designated by Lander. Bannow may den be reeled to pay to Lads certain other charges before Lends will give eery newly to Borrower- These charges if any, are stated on pep one in "Itemization of Amounts pad by Borrower at the tree the loan is made' andfs in the Settlement Statement. 3. Payment Schedule. Borrows apes to pay to tender the amounts due ache this Note: [D in uninterrupted mmobly payments; 179 payments of d 1,434.71 and a final payment, which will In bid by Lander, of ON mnd&p epuid amounts. Payments will be due on the same day of each math starting an 05191!2004 Parts will continue mats OR amaads due am part. in n - terruptd am* paytaems except fat the missile shown: payments of f and a fed psymark which will he hied by the Lender, of all remaining unpaid aarsts. Payments wig be do on the some day of alt mouth starting an . PROVIDED. HOWEVER. that no payments shad be bat during the months of or eadmyem. C:] in a singe payment of E pks accrued hmterest and all other Words due oat 0 In additisk prix to tee mole of the fast scheduled payaam u stated dove, iamet shall be payable m a ddy on the unpaid balance and deg be due on the sae day of the month as the later paymens The date that the Ref pale em is scheduled in this pmaprapk to be due is called the "101"Ity Date" of this Now. H Borrower dects to p oxha a Credit Insurance and then elects to cancel the Coda Inseams, the Payment Schedule may change a described in the 'Credit Insurance' pareproph. 4. Variable Rate. ® Not Appiwbfe. 0 The Interest rats an this No ter change based an tiasles in tia Mamas" Roe index 1"Indes'L The me will be based an the Margin, the Index, ad ap*" discounts, i eery. The blot may champ from time to tuna; the Me* will tacris tee ems for the term of the Rate. Tae imen M rate stated In the 'Bonower's Promise to Per' is the 'Bow Rae." The Base Res was co quad by adding the Msgim to the Wigl ail Ida, and then subtracting the Aaanetie Payment Plat Discount andla the 17mb Diaoeal if applicable. lnbmat raw adrmmens are computed by adding the Margin to de donor Was at 11e time Of the 34MMIM (subpct to tie limitations decried bd w&L ant that subtracting the Automatic Payment Plan Diseoat andlor the Club Discount, it appicdb. Me imaed role a this Ion may be o4wood monthly, on the fist eNn I day of each calendar node 6a0 * g In the month after the fads are adearnd. The Magic is pamtantsle points. The Index is do highest prime rare published in the "Moray ROW amnia of 7h BW Sbaar Jnned rPdmw Rate") on the last dry a wkicb the Prior Raw is pubisbad in da precedq culler I month. The Index Is sot eeassriy the lowest roe charged by tads on krsm, R due helix shat cow to be ardolk Lade Ad select a new kolas, wbcb, in Lenders aisle 201W open a rnS0lable bole, is comparable to the Index. The imad interest raw wig mat increase of decrease mm that on phraawp point is eery tdMdet momA, ad wN at bmreaw or decremneon drat five pev, It ! pans drip qua tam N da lout data changes in the Index. (A damp caused by a tamitatien of tha Automatic Payment Plea Dismal or the Club Wwou t is no subject to the imitative set forth in the previous: sentence.) The and iawest rem will no exceed 18%. 5 Automatic Payment Plan. ONO Appicakle. CO Borrower sulhorQes Leader to deduct de payments; on thisloo has Bmrowor's deposit accorra ahardan 5003853582 an such scheduled Ing - do dete. The interest rat as dic ban may increase by 0250 percentage points 1'Armlomdhe Payment Pin Dlecanl if participation in de oa[anhol. pryawnt plan is duaw died for or mum including: sat H any Borrower I to tam:hda prticf I , IN the deposit arrows, identified ante is cbn* a (c) H thane are et snIII farads in de ahxamt to make the full neddy payment on the paped dares. 0. Chub or Package Pan. 0 Not Applicable. ® Bamwer is ponicipadop in the package of bddnp s- A - Imewun at or is a graifiod member of a cub pup known as: PREMTUN The interest rats as this Note may inhcreaw by 4250 Per Pau Minh Discamal, it participation in this Package Plan or CIb Group is diswminod for any masn. 7. Monthly Payment Changes. 0 The payment arwmea will an change over the term of the ban except as stated in the "Paym om Sndedhde." ® The payment amrmns ray berate. Ind wN ant dmmd it Borrower to osws participation in the ® Club se PaeI Plan ® Automatic Palmer Plan, lava wi detormiw the amount of equal mamYr payments 10 NOW be adficiset to few in full, by the Maturity Dtta the unpaid pr' if baltase the is tmrpmcta, to be tee on the payment chap data, at to new irrantat taw. H On po mate smog I will increase, Larder wig notify Borrower of the -It-, - s dole and an - N the raw payment. 0 Changes in the iolorest rase mar ease to mrwe I N payments to do" agar the amount of the feel peyara se deep. On month before de Maturity Date. if necessary. the number of paytrets the wN kmovar at dirt the fed payowe will mat be more dent 150% of the previously scho lded ttrr WI persona s change mdlor 0 Changes in the later rate a" cases the number of to annual of the papraes to imcma , the first crap in de payout eraant may sass on a dare 48 monthm idler de de doe of the ford tmmsmtldr payow su8wgout clanwges, if appieaNe 1017 ocw every 48 meatha thersNts. Nat arse tlron 45 days her ant lei deer 25 dare, before the date of each payment change, lender will calculate the new payment soot The payment amount may increase but will not decrae, except for tin fnat payounR Leader wig determine the amount of egrl namNy payments that would be sa/fitiert to repay in fal by the kfNurity Date, the unpaid principal balance that is expeesei is be rtes a the payment change date, at the utmost tote in Offal at the time tea alctitthe is being made. Leader wig notify Borrow of the new anon N the pmrormd edict is doe. On matb fefere the Maturity Dow, it necessary, Ike number at peymab do ml ircmw so that tie fed payment will not be note that 150% of the pelod! ati odlled monthly popent- 8. Con*udng Interest. Iterest is charged on a daily basis, according to the smstaiq balsa n*d to i tan at an each day of the ben tam The daily Interest rase is aged to the wmW i -, , t rate in offset an that day *Aded by the i I of hays in do eoleudes yaw. llsrerwa apes to became interest is alcoleted an a daily book Into pey+mds wN react in adritanrl internal INN. it appieahk a We chagak lady ll I nil araM n lee basest heieg tfrrled H de soarer rate as this Note wi ad damp beano of logos in the false (era the 'Vendable ROW sectinl ashy Nagar use pmrmaass NO Cara de amens of the fill paynaN to damp. H the unseen less as the tare w change boars of charges in the ado (sat the "Viable Rate' sec" early aed err lots paymnre - wN puma the number of payaarm due, the amount of den Iregeeamns f do newt of the payments is subject to change every 48 mend sl ergs the sarnra of tie fad payment to danger. 9. Agppliadon of Payments. Leader will apply payments in an idownq order of pfsilyc asst insurance premium, it any. interest hte charges. fees, and then pniedpsl. All regular peyahaMS will be applied to the sesfaetbn al scheduled payments in as order in ufhh they harwsua de. 10. Ledo Charge. Dlbt Awl able. ®Bomrwm opus tart Ledo may asses a loge dap for any Payment no paid in fall within 15 days of its due date. The lots dings tai to do Ira Mer d 120.00 or 5% of the told amsrm of the payout Mirk was me paid in fug. Ile We change will be due, however, if tie reacts dot the petty oe isaM is ads. M stuiuaable to a law devils assessed as a prior payment; or W becom ohm default by Burro vs, the athe oumadq bolonce a this tote is do. NO morn dm an he dare will he imposed is army single scwdnd paycmema. 11. PA* m Chadic Fee. Borrower agrees that Lender may assess a fee of $20.00 No , epe make a payaeua with a dock that is released by the Biwa fa 'son sufidat (redo' is the accost on which the check is written. 12. WaWar by Lender. H Borrower has made or makes in the forum modan ben apemen rma lads. Lade might obtain a socur" interest in the principal dwriq of ganmem or cress she a acre that other loan mgr 1 1 -. That neuity agreement my pmaride tail tile pdndpd dwdbq sa was net only that aft ban agranent but s1a do" low agrosnense N Borrower with Iader. Lender waives loves upl ley do ti data a security nlmest in the principal &oft p of my preen to same this taw odes den aeaity im[erext is Specifically given to tame die Note. 13. hrtteest After Maturity and Judgment. Llelos gahimitd by appicable tat Intemest at the raw poriwled in this Note shelf continua to acne an the unpaid ICI ands pid in oat. arum Nter Worther by acceleration or oderrwisel maturity. ago 3 Baeata beeeheo a debtor in an action filed under the Bolmepeq Code finder it . is Ostord apfmst Baroo ve for the --mots d us. If at any time interest as prwiisi it in thh It- if l l is sot psnatsd by low, interest stag, in that event and at thd tatt4 awe at tee timgflesy tats aiaaed by eppicahls law. H de:wrast lew a tlds ' Nob m dotage, tlu ietase -less which will apply, bbeginning on the dole n lawsuit is ' f ld by tederr dallben the sass- two in effect an that dare or de interest raw stated is 1M "Barower's Promise is Par' whidmever is less. 14. Dortaadt. Ike used is this paagragk the tam 'Berrewm' i1dudes Borrowers. CDMdw4 G wwma; aaa- ad my owes of property which is security, ffor this Nose,) Brtoroor will be in ddo* M go oeeaeer dess not mobs my paymen t before or on the dare it is eke; or M i aaa..mm Lis a keep my panels mole it this Note at defmAt$ in any other nmo, M e agtaamt raft loch; or (d If am I I rile sions the sanity apreamem OF a mortgage er-in this Mote erases ayptaaiw node is the parity opraae , or mortgw intuit' but wt'wilted se dr pmmae at to saR, On away m trasfor tills to the POW , sldch is the Subject N themwsgaga m acuity, fleena IN pB a my party n which Leader has Obtained a sanity interest to acme this flute is lot seen lot ant ronvad within A reaseable tine) or &moyelt or M i Bammeohor be mail any Omlee olatarrm Of mheeprOSWM as n the credit ggtc o a oat dbor err IN or do Gent given or made IN this b@K OF fat spates loth N 8&mvorw eery meof thw H them le soma the one; er 0 i imlesa p+em+e leader with false information or forged signatures at any tits m Id its Dame wit! pnapr jurhsdeliea to rb so fins that Borrower, or any ate of tbemt is icateek td or ncotrMaletC or N i Lahhr n pd faith tutee-, dot the prospect of Borrower's paying this Note is H Boworer is in default, da gobs outstanding balarrce an this sate shag be immediately "st de ar4ienN da lehr I This wi hoppn without an prior notice to Blower, OF dolt to vat mapl a tar ke mega , bylaw. Bartalm VA aka be in ddv* N we - - became heshes anft cannot pay Borrower's debts as they boss doss m b N any Oder ate I Was by legal process to take any money or or*" of R, o imdr LajWs possession; or A i 1lamror 8a a bdagtdy pelilhn m if mpno rtes an kvoketery bedm*tcy spied 11, - or; or 64 if B m ena Was as ae-lmemtad forthe bamert ol cndrtms or any ansdvmhcy, sutowmwm, amanpnraL debt 840taem. recawerdh*6 trostere p; V*Wxtho or or egiulie proceedings me I silluted by or against Borrower; OF ollnerbild M our bolgasat, tax lien municipal charge OF tax hey is I1ed or writ of awcmno ishoredagdert hhorrows. EFORMIOSM-0102 (page 4 of 4) Page 3 of 3 Direct Installment Loan Disclosure and Vote (3) FNCBAM Borrower: JOSEPH J ESPOSITO Lender: PNC Bank, National Association Date: 0311212004 DIANE ESPOSITO Direct Installment Loan Note-continued It any event described in W, (k), (0.04 or W happens, do entire outstanding balance an this 22. Costs of Collection. If tender files suit at takes action to collect this loan or Note slag be i nnedietely due without any prior notice to Borrower, or right to caret except protect the ralateal or the Leader's stank rest in it. Borrower agrees to pay as may be roludted by law. Larder's costs and apessm to de se. if Larder is pandtfed by applicable taw to ragee A default by Borrower an this Note is a deladl on awry other note, loan or agreement of Bonner to pay those costs. Unless such action is taken in Ohs, this shel bell& Borrower with Lender. reasonable attorwrW fear and expanses to the mainwm amount pen fitted by appieatie 15. General Waiver Provisions. Borrower waves presentment to psyrorrC demand Prolut roue of protest distance and all War notice or ufetanu I in raaroedon With the deirery, a=Ptance. Perform nM delaelf or eMsrconew of this Note. Borrower farther waives any right to require due eiiponrco in collection by Leader. 16. Delay in Enforcement. taller can dolor adwcing any rights andr this Note without losing any rights. Landes failure Is mdaree say riptt redo this lists shall ant act as a waiver of than right or preclude On eaereise of for right in do onat of a from occurrence of the come event. Larder rata ohs extend the tiro allowed far 98mrg Payments, and such externion shag nos affect the abfpations of any Borrower, what her or ant that Borrower is 96" notice of tb esteaioo. 17. Release of Some Borrowers or Some Security. H them is mare then acre Borrower. each agrees to ronab band by this Neer, ahhw* Lmdu may releae any other Borrower or mime or substitute any poputy which is security far the nippers at the Nate. Borrower waives cog defenses bond an swetyshy and impimrws at colatra or security. 18. Security Interest Charges. Bmrown epees to pay coy racorft Tarp. satisfaction and ermdones fes which may ko I - i The doges ire to apply leader far the fees paid to pubic officials to protect, cenrtbe. or 11, any security know girren in the secrrrity areennnt of nmrtgage. 19. Prepayment. Borrower may prepay, in fug or in pan, do amount owed m this Note at any ton without penalty. If Barrows pr - - the Joan in pat, Below area to camiwo to mace rep lolly sched ded psyee z and all aenoonts dro tondo tla Nwe ire pow 20. If Lender Obtains a Security Interest to Secure Borrower's Payment of this Note, Borrower Makes the Following Additional Promises to Lander: (el H property insurance is regrdW by a mortgage odor security agromnua soeariag the repayment of this Neer aadlor H Pod he wance is required by federal law. BORROWER MAY OBTAIN THE INSURANCE FROM ANYONE OF BORROWE'S CHOICE atbjen to lender's rewoodde approval. If flood igenarnu is spired Bdawr has been seprately ratified. The property iawa m must caw loss of a dnoge to do celaler ' and must be in an amount sufficient to poled La der's interests: Read busseres meet be of the typ and in the amount nguird by federal law: N Borrower epees to Me" Lando ovidnaco of required inaaanee. AN policies not naro Lender as a has parselsecmed party and rest pwids far at but 10 days written notice to Lender of redoctio n in coverage or coneddko; M B Borrower fats to keep in fares On ngried bows ce andler fall to poelb evidence of such rd raw to Lander, laude may aelify Borrower that Bosom shank purchase the required sentence at Botrowees aspoese N Bwrewr lain to pachase the insurance within the time stated in the artier an6w fags to pvide enhance of each mulam m to Leader. Lade any prcloso insurance to pretest tender's iarest is the extent parndtted by applicable law, and charge Brrewor the ced at do - irre and cry other amounts Leader scars in padrdnp to retrance. THE,36HRANCE LENDER PURCHASES WILL BE SIGIONUNTLY MORE EVEN311E AND MAY MONK LESS COVERAGE THAN INSURANCE BORROWER CURB PURCHASE ffTIIRWISL 1¢an demand Borrower promises to pay Lama the coat at issuance pardoned and oher armets incurred by Lender. harrower arses that Leader sage, d go - M apple law, add the cost of do' uraaae to tM asessa oa which, saut is clocged a as rate proviiod in this Note. In crtain state, the named iraurar, my be ebtei ed froth a icensb - re nee agency affiliated with Leader. This ggmsy will roceire a In far Pnewddang the required irraece. In adaihan an afliate my he respoalda for sea w of at the mrdedriop inseram r risks and may aeoin compensation for aaarip alt risks. H addidand his. is Forked a:eancrninq imrmm w are atprte rtampwre> . Pb- ra'Od CaMsiaed I:estaar Asd tans, 2730 Llbdy Avmw PhtAwgl, PA 15222 Idl is pay all taxes des on the coloteraI N florrorvr does rat pay the teens. Leda has the option to pay the tea. Upon dared Borrower paodeos pmapdp sa mpy to Larder am scnordda paid by Lender for teams; Id if Lander lets a security interest in stock r samidet, the Tiro at as collateral met bmro bnnfficiem to protect lender. N to happens. Barrow arms to doinn to Lander ad8dhxd cohere which Lender tins will be emmgh to pow teMr; to to d w Leda the right to hoped do ,1. 1 h at coq roo rdde tine, alb' maintain the exh/etonl in pod ceirali k and repair; aooseaa.. war ad tar axaPta t to R ammaaa we advarnd by Leda mew fie Nate fr Inner soon iearadce Lander any, at its option, if passltted by oppiesbla hen, add do asseno a adoocd to the outstanding I dsoce and require rapaynmR whtb baerlest by do iutialm pyauana so that dw oostandrq phc4d faI is sapid in full in safotaafoly seal irtelnnems a the due date and Jo fr paywra sche0nb and IN Be roses pamisu made and Lender's right ant forth in this setetJos Ad an map with any jhdpwd in any legal aides and Ad apply tad A auroras sore ire paid in fidl. law. 23. Security Interests in Deposits. The Larder may sat-off any annoy s due and unpaid rods this ban aghi stamp of Borrower's many on deposit with Leda. This includes any mmq which is now a my in the futwo be deposited with Ledw by Borrower or with airy co deposiW including Borrower's spouse This oho includes say We". crakes. manias, or many of the Borrower, which may at any tin be dd'ivred to or in the possession of the Lender. Tea may be done without any prior outice to Borrower. 24. Assignment. Bottom may not assign or otherwise transfer his rights under 06 tots to anyan else. Lander may sell, trardar, or assign this Note, and any seesity agreement andl r nstpge ague to severe the Nols, and Borrewa's rights rd obligations under tts Nets will eensirme unchanged. 25. Multiple Pasties. H there is mire than one Borrower, each agora is be responAhle to Leader. bndwidunlp and together. for pgoeat in full of this low Borrowers agree Act peyarar of all or pat of do proceeds of this Note to any INwuver or to anyone she at die dirscdon at any Borrower will be the equivalent of pap ow to esdn Borrower ad for the bnnoIt of d Borrowers. 26. Credit Insurance, It Borrower has dected to purchase usdit Borrow may cancel Aat iesran I at any tun without perafty. In tin event of cansellatiaa the primes areounte shows in do 'Payment Schedule" will not daiaae; tads, the Ion will he paid off mom quickly since mire of the psy., nt will be eircctd to payment of the pri % I I at the bee 27. Fein acl Personal Represantarives Bound. The prorisism of this Note Ad be bhrdog spot the Borrower, and the heirs and personal tepesmhteriles of the sneerer. 28. Governing Law need Conamiction. This Note has bow adaprof by Leader in Pamcylear ad all bas shall be tended by Lender to Bonower in Pasnyhadr. IN, 11- of do steer of Borrower's res*1 , or the p1m to Which Borrower suiodtM an appicadw Borrow agrees that the prtwsorn of thin Note mating to interest, dow and fees shill In ported by and construed in awdaree with faces haw act as mode appic" br fedora law, Pennsylvania law. Bdw by and conserved aaa . with Passylvk p ocefiotl ? by the mdonxrnatt of the aMga i widwerl br the No and mates reload tothe worthq perfectos and srderessea at a security interest securing this Not. if airy. shell be "a - by the hers of do state when the enforcement, paoop r I i I- ire takes plan. 29. Con ouinicartion Contenting Disputed Debts. ALL COMMUNICATIONS BY BORROWER TO LENDER CONCERNING DISPUTED DEBTS, INCLUDING AN INSTRUMENT TENDERED AS FLILL SATISFACTION OF THE LOAN. SHOULD BE SENT TO CENTRALIZED CUSTOMER ASSISTANCE, 2730 LIBERTY AVENUE, PITTSBURGH, PA 15222. 30. Craft Reports. BORROWER AUTHORIZES LENDER TO OBTAIN CREDIT RR300RTS ON BORROWER FROM TIME TO TIME AT LENDER'S DISCRETION WHRLE BORROWER HAS A LOAN OUTSTANDING WITH LENDER. 31. BORROWER ACKNOWLEDGES RECEPT OF A COMPLETELY FILLLD IN COPY OF TINS NOTE AND DISCLOSURE. BY SIGNING BELOW, BORROWER AGREES TO BE LEGALLY BOUND BY ALL THE TERMS AND CONDITIONS OF THIS NOTE. Each of the Bmrwrers guarantees the do sign is, - of any Berrower is genuine. .;?AZ'. . s orkiont jam J E:SPOSITO Date l ¢ ?G! .?' z? `fi He Bonowees sipatwe DLW ESPOSITO Data 32. CO-MAKERS SEE NOTICE TO CO-SIGNER BELOW. Any Borrower who is deuigno tal es a Co4ift agrees to be sgwRy rospaearhble with 31 other Borrowers for cob papeno of film ban and pertaarance of an promises in this Note. 21. Lender May Sign Borrower's Name to Insurance Checks. Bonaw ar gnu lender the right and poww to sip BmmwWs same m sap drat r draft _ it= an inswance unspent This is united to a cheek r draft in psywat of redact Co-Maker's Signature Date prennaas. herrRts nectar unit life famramcs w usadt NOW' - -nrraas, ad tbk= wee under *WA datage kmreace ad flood laserasco txrening poll" W" is aaesRy for this lom Swroww doss not here the right ft ad agrees that Barrows will ant, nuke the power of Loader to nab Borrower's eedorsarout. Lander my exercise the poor hr _ Lades bawf t and mo forBorrower's laaefit ncep as oArwiss pnaded by law. Co-Maiees signawar Date NOTICE TO COSIGNER You are being risked to guarantee this debt. Think ewereBy before you do. If the Berrnwer doesn't pay the debt, you will have to. Be sure you can afford to pay if you have to, sold tbat you want to accept this responsibility. You may have to pay up to the full rmeuau of the debt B the Borrower does not pay. You may agent have to pay We fees or collection costs, which Increase this amount. The Lender can collect this debt from you witleont rest b7Emg to collect from the Borrower. The Lender can nse the same collection methods against you that can be used aggphast the Borrower, such as siring you, etc. If this dent is ever in default, that fad may become a peat of your credit record. (Page Z of 2) I *I ogD4- p ,?, t ? t1LNAES ? 10036336 Mortgage PNCBA (Closed-End) 1)r ?? 111 THIS MORTGAGE is made on 0311212004 . The Mortgagor is ESPOSITO. JOSEPH J. & DIANE (MM If there is more than one, the word "Mortgagor' herein refers to each and all of them. The Mortgagee is PNC Bank, National Association. The word "Borrower" Mans JOSEPH J ESPOSITO, DIANE ESPOSITO . If there is more than one, the word "Borrower" herein refers to each and an of them. Borrower owes Mortgagee the sum of One Hundred Sewenty-aiekt Tieasonid EloWseveo Dollars And Eightyene Cents (U.S. $ 179,007.81 1. This debt is evidenced by Borrower's written obligation lreferred to herein as the 'Note"). dated 03112[2004 . This Mortgage secures to Mortgages: [a) the repayment of the debt evidenced by the Note, with interest and other charges as provided theta-in; lb) the payment of all other sums, with interest thereon, advanced hereunder for the payment of taxes, assessments, maintenance charges, insurance premiums and costs incurred to protect the security of this Mortgage; (c) the payment of aft of Mortgagee's costs of collection, including costs of snit and, if permitted by law, reasonable attorneys' fees and expenses, if suit is filed or other action is taken to collect the soars owing or to protect the security of this Mortgage; (dl payment of amt refinancing, substitution, extension modification, andtor Formal of any of said indebtedness. interest charges, costs and expenses; (e) the performance of Mortgagor's and(or Borrowers covenants and agreements trader this Mortgage and the Note; and 10 the repayment of the debt evidenced by any note or agreement which was refinanced by tie Note, to the extent that such debt is owed to Mortgagee and has not been paid. for this purpose, Mortgagor does hereby mortgage, grant and convey to M wtgagee the following described property, together with all improvements now or hereafter erected and all easements, rights and appurtenances thereon, located at and known as: 41 TEABERRY DR MIDDLESEX TWiP PA 17013 CUMBERLAND Recerdtog Onto 8711011998 Deed Book Number 181 Page flumber 90 Tax Parcel Number 05-0433.0215-21 Let and Black Number NIA NIA _ The word 'Property' herein sbA mean all of the foregoing mortgaged property. and(or Borrower shall to Mortgagee the said To have and to hold the Property unto the Mortgagee. its successors and assigns, forever.' Pub 4Y?ga' debt, interest, and all other sons and perform all covenants and agreements semi hereby. then this [tlortgage and the estate ceeweyed by it shag terminate and became void. Warranty of Title. Mortgagor werrants and represents to Morgyee that ltrl MOrtpgof is the sole owner of the Property. and has the right to mortgage and convey the Property; Od the Property is unencumbered except for encumbrances now recorded: and Ic) Mortgagor will defend the title to the Property against all claims and demands except encumbrances now recorded. Covenants. Mortgagor promises and sprees as follows: (a) Mort?p?ar will maintain the Property in good order and repaa; (b) Mortgagor will comply with all laws respecting the owners* and(or use of the Property; (d If the Property is pot of a con ominnitmn or planned unit development, Mort%W will ?p?ply with all by-laws, regulations and resaktions of record (d) Monpliot will pay end(or perform all obligations under any mortgage, gar, or security agreement which has priority over this Mortgar?. N Mortwr ail pay or cause to be paid erg taxes and other charges assessed or levied on the Property i)vfen due ant upon Mortgagee's request, will deliver to the Mortgagee receipts showing tie payment of such charges; M While any part of the debts secured by this Mortgage remain unpaid, Mortgagor promises to obtain and keep it t ?y i mrahce and, if required by tedenl law, good i Trance on the Property. The property hsoance must aver less of or damage to the Property and must be in an amour to protect IIt Iff If 's interests; flood insurance no be of the type and in the amount required by federal law. Mortgal(a agrees to provide Mortgagee evidence of ngired insurance. AN po6cias must name Mortgagee as a lass payseisocued party and mist provide for at least 10 days written notice to Mortgagee of reduction in coverage or cancellation. Mortgagor tuna Mortsw the right and power to sign Mortgagor's none on any check or draft from an insurance • company and to apply the trnotuey to any deft secured by this This u Sinked to cheeks and drafts in payment of a m order an inaurace policy for loss or damage to the Property or to returned or rebated premiums on policies insariiigMb Mortgagor does not have the do Io. and agrees that Lbr4 a wE rut. revoke the power If Mortgages to make Mortgagors endorsement. Mortgagee may exercise the power Mortgagee s benefit and not for s benefit, except as otherwise provided by law; (g) Mortgagor i Mortgagor . fails to keep it force the required insurance etdlor fail to provide evttlsiee of stilt oisartaca to MWtsapw. MoAgagee miry truly Mortgagar that Mortgagor ShMM purchase the required insurance at Mortgagor's expense. If Mortgagor fail to purchase tie inswenco within the time stated in the notice ainifor fall to provide evidence of such insurance to Mortgages, Mortgagee may purchase insurance to protect tgagee o Niterost, oe the extent permitted by applicable law. and charge tls Cast of the premiums and ary other amo uts Mortgagee incurs in Inotbasing the insurance. 7HE?E MgORTGAGEE PURCHASES WILL BE SIGNIFICANTLY MORE EXPE I AND MAY PROVIDE LESS COVERAGE THAN INSURANCE MORTGAGOR COULD PURCHASE OTHERWISE. Mortgagee may receive reasonable compensation for the services which MortpW p wmu in obtaining any requited insurance on Mortgagors behalf. In certain state, the roPieed iasUraaC! may be obtained through a licensed insurance ege!icy affiliated with Mortgagee. This agency wig receive a fee tar providing the required imwaKe. In addition, an affiliate may be retpaliallh for some or all of the nindelybg fil=MCe mho end may receive oompesathan for assuming such risks. If Mortgagor fells to perform any other ditty or =-. quired by those Covemrkm Mortgogee may. at its sole option. adrarca such sum as it deems necessary to protect the Property ao?a its rights in the Property r Martiow agrenes to repay Mortga? any eNeurts advanced in accordance with dos peragraph with interest thereon, UPON le d; Ud Any interest payableto Mlortgagae aser a hnrlowd a eataod or an addttoael wins adeaind she be at tie rata provided for in the NOW 10 Mortgagee may n prier notice of any such inspection; 6 "oor will not sell. transfer ownordip i? or eter Into an mob reasonable entries ran and inspections of the Property afar givim! MCI installment sale catract for the sale of all a any pat of the PropwtY. arraeeses. sgreererns and rights in this Mortgage slie8 he bitdn8 upon and bereft anyone to whom the Property Of this Mertfgp is transfured. If more than ore Morteeper signs this ilerw, each ad all of diem we bound kdvitbialy and togetbot. Tim covenants made in this section and Mortgagor's remv6es at forth below drag net map widr my' ii?nwt anMwd many legal action and shag appal until All mews owed an paid in full, Defoult. Matgega will be in default under this Mortgage: tai if there is a detail under the Note; (b) it Marl ova breaks any promise mob in this Mortqa{e; Id if any Mortgagor dies; 1d) if my other crow tries to take the Prop" by legal proles; (a) # aw es bankruptcy or i(o gone files an involuntarybenkruptcy against any Mortgagor, If) if any tax Gen or levy is fled or mob against any Mortgagor OF the Property: (III if any?ga flgor has made any toss &moment let this MatgW or IN rf the Property is destroyed, or seized or condemned hjeYr_ f-ed-eJSa-l_ state or bat ?otronrrieut. Mhirtgaeee's Ifs. Unless prola'bited by law, of Mortgagor is in default under this Mortgage, Ma reagee may. at its optict, after notice required bylaw. if any, declare due and payable the untie utpefd bolo nce of the sins which are secured by dins 11- -gage andowlag open the Note. If Mertpgea so declares such eitire bale re due and payable, Mortgagee take possession of the Property, collect any ad aft renal„ apply said rams to tIe wimednas secured by this Mortgage, foreclose the Mortgage, or take other action upon the Mo?goga as permittad or provided by ow to collect the balance swag. If a inertgage foreclum action or aNp other action an this Mortgage a filed by Mortgages, andla if Mortggage takes any action to protect a enlace its interest in aq coon. iicladinil BaatnPtcy Court, Mortgagor agrees to pay to Mortgagee all expenses and costs of such action, incbdaig, hf penatted by ow, reasonable attorneys' fees to the maxaninh extent perrnilte by law. m tale such action at any time during which such Aeeeedes CuttNknthm. If any U7fCUm1etalCe exits wlnii would pemit Mortgagee to accelerate the balance. Mortgagee may circimtstarue i omtimres to exist. Mortgaigee's retniedes rindor this Matgapr seal loo aesdstiw and not alternative. Dishiy is ENtereeNenUt. lYbrtgagee can delay in enfasag ahry of ms ri?lita rimer this Mortgage OF the Note widow losing that rigit. Any waiver by Mortgagee of any provision of this Mortgage or the Note will not be a waiver of the sale or ay rvtbw prorsion on eM other occasion. Assighnminnt Mfatpape may sal. transfer i assi8m this erlBagedwtho?N Mortpgas consent. Sisverabilihr. If any provisiai of this Mortgage is hid to b w affil or such determination shat not affect the validity or enforceability of the remaining provisions of this Mortgage. WITNESS the s• ' It of this Mortgage on the date set forth above, intending to be legally bound. EXHIBIT Mfitness ?+?dortgagor Witness Mortgagor PA CfORa? t' °?'3•CaC3 - (page 2 of 2) v Acknowledgment taken in the STATE OF PENNSYLVANIA,, COUNTY P-- Kv6 WCZ.Kf t-- On this a ? day of to r before me. L! , the undersigned ofcer, personally appeared Sri C.>11h_,_ f" f St 1(? ?,a?_?lt 4?t1?_ _ ?Q" t t -k-) known to me (or satisfactorily proven) to be the person(s) wh6e name(s) is farej subscribed to the within instrument and acknowledged that helshelthey executed the same for the purposes therein contained In Witness Whereof. I hereunder set my hand 1and?official seal. Signatur wE_ / NOTARIAL SEAL Christopher R. Krawcznk. Notary 9O4 Harrisburg, Dauphin County Title 0`?4I??/ My Commission Expires May % Certificate of Residence: I, _ ?01C' W t? do hereby certify that Mortgagee's precise residence is Consumer Loan Center, 2730 liberty Ave=, Pittsburgh, PA 15222. A or 14rtgagee RECORDED in the STATE OF PENNSYLVANIA, COUNTY OF , on this day of , in the Office of the Recorder of Deeds in and for said County, in Mortgage Book Volume page WITNESS my hand and the seal of said office the day and year aforesaid Recorder erti t3 l)r IS to be recor't_Icd X11 CtunberIand CoLlllty PA Recorder Of Deeds ry C C `z W > 5 p .h S f. V ?J K T ? ? V S , 0 F -i a a4 Q N N a 3 0. 0Q - :zn - r:l 70 rv 3 M a CO 3 C; rr - cCrn zM M ? r--° C) =v Cn .© m n 0 a W a z 3 Cr V Z 0 W m 0 0 d D o' w 0 n m 0 3 0 m -n 0 3 o. v 8K 1858?63085 PNCBANK Joseph J Esposito 41 Teaberry Dr Carlisle, PA 17013 ACT 91 NOTICE Date: January 29, 2009 T AKE 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 EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to 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 33 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 Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780-1869.) This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGBILE 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(S): Joseph J Esposito / Diane Esposito PROPERTY ADDRESS: 41 Teaberry Dr, Carlisle, PA 17013 LOAN ACCT. NO.: 040-01-008110036336 ORIGINAL LENDER: PNC CURRENT LENDER/SERVICER: PNC Bank, N.A. EXHIBIT b Member of The PNC Financial Services Group Consumer Loan Center 2730 Liberty Avenue Pittsburgh Pennsylvania I b222 PNCBANK HOMEOWNER'S EMERGENCY MORTGAGE ASSIST kNCE 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 (plus three (3) days for mailing). 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 (33) DAYS OF THE DATE OF THIS NOTICE. 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.) 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. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA and received within thirty (30) days of your face-to-face meeting with the counseling agency. YOU SHOULD FILE A HEMAP APPLICATIONAS SOONAS POSSIBLE. IF YOUHAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICA TION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARIL Y PREVENTED FROM STARTING A FORECLOSURE A GAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE. " YOU HA VE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLYAPPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. Member of The PNC Financial Services Group Consumer Loan Center 2730 Liberty Avenue Pittsburgh Pennsylvania 15222 PNCBANK AGENCY ACTION --Available funds for emergency mortgage assistance are very limited- They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETI'T'ION 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 FOUR MORTGAGE DEFAULT (Brine it up to date). (ACT 6) NATURE OF THE DEFAULT --The MORTGAGE debt held by the above lender on your property located at: 41 Teabeny Dr, Carlisle, PA 17013 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Monthly payments in the amounts of $1,434.71 for each of the months from March 2008 through January 2009. Other charges (explain/itemize): Late Charges of: $718.30 TOTAL AMOUNT PAST DUE: $16,520.11 HOW TO CURE THE DEFAULT 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 mortgaged 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 that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's 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) DAYS period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES--The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. Member of The PNC Financial Services Group Consumer Loan Center 2730 Liberty Avenue Pittsburgh Pennsylvania 15222 (PNCBANK RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE--If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the 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 the Sheriffs Sale as Vecified 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 Sheriffs Sale of the mortgaged property could be held would be approximately six (6) months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: PNC Bank, N.A. Address: 2730 Liberty Avenue, 2nd Floor Mailstou• P5-PCLC-02-N Pittsburgh PA 1522 Phone Number: 1-800-878-0027 Fax Number: (412)768-3562 Contact Person: Paul Sharkady E-Mail Address: Paul.SharkadyQPNC.com EFFECT OF SHERIFF'S SALE --You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE--You may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt. YOU MAY ALSO HAVE THE RIGHT: ® TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. o 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.) a TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. o 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, Paul Sharkady original sent: U.S. Mail certified, postage prepaid PNC Bank, National Association copy sent: First Class, U.S. Mail, postage prepaid Member of The PNC Financial Services Group Consumer Loan Center 2730 Liberty Avenue Pittsburgh Pennsylvania Ib222 i ,z ,PNCBANK Diane Esposito 41 Teaberry Dr Carlisle, PA 17013 ACT 91 NOTICE Date: January 29, 2009 TA-1-C-FUJACTION 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 EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to 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 33 DAYS OF THE DATE OF THIS NOTICE Take this Notice with von when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Aeencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780-1869.) This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE 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(S): Diane Esposito PROPERTY ADDRESS: 41 Teaberry Dr, Carlisle, PA 17013 LOAN ACCT. NO.: 040-01-008110036336 ORIGINAL LENDER: PNC CURRENT LENDER/SERVICER: PNC Bank, N.A. Member of The PNC Financial Services Group Consumer Loan Center 2730 Liberty Avenue Pittsburgh Pennsylvania 15222 r ,? ® 1 SIC V/ 91 K 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 (plus three (3) days for mailing). 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 (33) DAYS OF THE DATE OF THIS NOTICE. 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.) 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. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA and received within thirty (30) days of your face-to-face meeting with the counseling agency. YOU SHOULD FILE A HEMAP APPLICATIONAS SOONAS POSSIBLE. IF YOU HAVE A MEETING WITHA COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARYSTAY OF FORECLOSURE. " YO U HA VE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, B UT IF YOUR APPLICATION IS E VENTUALL Y APPRO VED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. Member of The PNC Financial Services Group Consumer Loan Center 2730 Liberty Avenue Pittsburgh Pennsylvania I b222 _> 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 PPnncvlvania 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). (ACT 6) NATURE OF THE DEFAULT --The MORTGAGE debt held by the above lender on your property located at: 41 TeabeM Dr Carlisle, PA 17013 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Monthly payments in the amounts of $1,434.71 for each of the months from March 2008 through 3anuM 2009. Other charges (explain/itemize): Late Charges of $718.30 TOTAL AMOUNT PAST DUE: $16,520.11 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 $16,520.11, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY 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 that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney fees. OTHER LENDER REMEDIES--The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. Member of The PNC Financial Services Group Consumer Loan Center 2730 Liberty Avenue Pittsburgh Pennsylvania 15222 ?- PNCBANK RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale You may do so by paying the total amount then past due, plus any late or other charges then due reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately six (6) 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, N.A. Address: 2730 Liberty Avenue 2nd Floor Mailstop: P5-PCLC-02-N, Pittsburgh, PA 15222 Phone Number: 1-800-878-0027 Fax Number: (412)768-3562 Contact Person: Paul Sharkady E-Mail Address: Paul.Sharkadyna,PNC.com EFFECT OF SHERIFF'S SALE --You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE--You may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt. YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. O 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. o 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, z?_ ! :;may Paul Sharkady original sent: U.S. Mail certified, postage prepaid PNC Bank, National Association copy sent: First Class, U.S. Mail, postage prepaid Member of The PNC Financial Services Group Consumer Loan Center 2730 Liberty Avenue Pittsburgh Pennsylvania 15222 Cumberland County Adams County Interfaith Housing Authority 40 E High Street Gettysburg, PA 17325 717.334.1518 CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 888.511.2227 Community Action Commission of Captial Region 1514 Derry Street Harrisburg, PA 17104 717.232.9757 Loveship, Inc. 2320 North 5th Street Harrisburg, PA 17110 717.232.2207 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 717.762.3285 PHFA 211 North Front Street Harrisburg, PA 17110 717.780.3940 800.342.2397 U (D C> c) ce) N N i O O Q' N I N U- i 4 U. ? Cl) U) m U m ..._................ I s ? ? Q c iU m U U j s m ? i cn C ? € w N 3 3 H ! EQ > m ? v ? to L) o O V CL w _ tC q CD 0) x " -dig I O I O QQQQ 41 E ?g a v m? W j a W K o $ L° z m Vii. ul pl ?. Cno ? E l0 I`R m N? a. i ~ o E fv m o? $ " E s? 6 U s S h s ?? 'O { E 1 p? C Q i E aao?1 U N c'7 g ce) N (, W N m co N Z Y Z < O O $ `u Z a N N m A v, m<? Z °(5 C) LL V N 0 O C (n N N " L m V d N CO Q M ?O V CL a /?`?J C N_ E O O C) l O / E N t` t? 'Ti z ?l r N W VERIFICATION I, Damella 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 0 OF THE PPOl t CCNvC)TARY 280 JUL 20 Phi 1: 25 iltJM?i- R!11e4 'D . 's N IN IN tiff rL ; A Ci 1 $'18.50 P Q AT'T1/ Clc,4'3a3 r! a.ts e*aasao5 Sheriff s Office of Cumberland County R Thomas Kline ~~~_ ~ ~~+ t''`:~~-"~'~ ff ,°.~- ~ ~~ r , r, ~Y Shera ~°~'~ttr of ~';u,nGrr~.~~~ ~:'- ~ ~ ... ~ , . , Ronny R Anderson _ r , Chief Deputy ~` ~` ~~•!!^n . ~r ~U f:, `J~ ~, _ ~~~~ Jody S Smith' ~ `~ , .. Civil Process Sergeant ~~~ c~ or ~"E `"ER'~~ ~''"i" ',~'~ Fit r .. ._.. , Edward L Schorpp Solicitor PNC Bank, NA Case Number vs. 2009-4816 Joseph J. Esposito SHERIFF'S RETURN OF SERVICE 07/22/2009 03:19 PM - R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Joseph J. Esposito, but was unable to locate him in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Joseph J. Esposito. The Carlisle Postmaster has advised the defendant has moved to 6850 Iron Ore Unit 333 Elkridge, MD 21075. 07/24/2009 R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Diane Esposito, but was unable to locate her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Diane Esposito. The Carlisle Postmaster has advised the defendant has moved to 6850 Iron Ore Unit 333 Elkridge, MD 21075. SHERIFF COST: $59.40 August 04, 2009 SO ANSWE~RyS_',J~./ --' Y' ',.. ^~ ~., 'C1QS~'~ R THOMAS KLINE, SHERIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNT', PENNSYLVANIA PNC BANK, NATIONAL ASSOCIAT[ON, Plaintiff, CIVIL DIVISION No. 09-4816 Civil Term vs. JOSEPI: J. ESVC;SITO AND DIANE ESPOSITO, PRAECIPE TO SETTLE AND DISCONTINUE Defendants. Filed on behalf of PNC Bank, National Association, Plaintiff Counsel of record for [his party: Brett A. Solomon, Esquire Pa. I.D. #83746 bsolomon a tuckerlaw.com Michael C. Mazack, Esquire Pa. I.D. #205742 TUCKER ARENSBERG, P.C. Fir-n #287 1 S00 One PPG Place Pittsburgh, Pennsylvania 15222 (412) 566-12 l 2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, vs. JOSEPH J. ESPOSITO AND DIANE ESPOSITO, Defendants CIVIL DIVISION No. 09-4816 Civil Term PRAECIPE TO SETTLE AND DISCONTINUE "f0: PROTHONOTARY, CUMBERLAND COUNTY Kindly settle and discontinue the action filed in the above-captioned matter in favor of the Plaintiff, PNC Bank, National Association, and against the Defendants, Joseph J. Esposito and Diane Esposito. Sword and subscribed before me this ~~_____ day of August, 2009 ~ ~ _~ ~~ `~~ f ~ r , i! ~ , _ ary J~lic My Commission Expires: T CER ~~ISB~F~Ci, P.C. ",~ ~ / By: "( ~`~~ ~" Brett A. Solomon, Esquire Pa. I.D. No. 83746 1500 One PPG Place Pittsburgh, Pennsylvania 15222 (412)566-1212 COMMONyV~ITH OF Notarial Sea ENNSY'L VAN~A Kelly J. Mizak ~ Crty of Prlisburgh, AIle ry Public Me be Cgmmission Ex~fes ~a y County Pennsylvania Associatiyo~ f~ o~~es L3ANK_PIN:359762-1 00001 I-141132 FILED-~~~=F1eE QF ?I~°°~ F~4 ~ i-~~?"v~TARY 2~Q9 A~~ 17 P~9 Z~ 36 F fir.-~'_ -.~_:a~ ,~, ;,,~~t~ETY