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HomeMy WebLinkAbout09-7151IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, CIVIL DIVISION Plaintiff, No. jo?)9- 75f (21c? vs. RUTH E. BOUDER AND RANDY E. BOUDER, CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE Defendants. I hereby certify that the property to be foreclosed upon is: 74 Fox Lane Newville, Pennsylvania 17241 Township ofUppankfo TaxAParcel No.,43 04-03 -023A Brett A. S81omon Attorney for Plaintiff Filed on behalf of PNC Bank, National Association, Plaintiff Counsel of record for this party: Brett A. Solomon, Esquire Pa. I.D. #83746 bsolomona,tuckerlaw.com 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:359832-1 000011-097225 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, CIVIL DIVISION No. vs. RUTH E. BOUDER AND RANDY E. BOUDER, 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:359832-1 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 pWo al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregara la corte enroma ascrita sus defenses o sus objecones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidasy puede continuar la demanda en contra suy a sin previo aviso a notificacion. Ademas, la corte puede decider a favor del demande\ante y require que usted cumpla con todas las provisioner de esta demanda. Usted puede erder dinero o sus propiedades o ostro derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIALAMENTE. SI NO TIENE ABAGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE 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:359832-1 000011-097225 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, CIVIL DIVISION No. 04 - I Lf 1- Ct - vs. RUTH E. BOUDER AND RANDY E. BOUDER, 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, Ruth E. Bouder and Randy E. Bouder ("Defendants"), are adult individuals whose last known address is 74 Fox Lane, Newville, Pennsylvania 17241. 3. On or about August 19, 2004, Ruth E. Bouder and Randy E. Bouder ('Borrowers") executed a Direct Installment Loan Disclosure and Note ("Note") whereby Borrowers promised to pay to Bank the principal amount of $85,164.50 plus interest as provided therein. A true and correct copy of the Note is attached hereto as Exhibit "A" and incorporated herein. 4. The obligations evidenced by the Note are secured by a Mortgage dated August 19, 2004 (the "Mortgage") given by the Borrowers to Bank, encumbering certain real property located at 74 Fox Lane, Upper Frankford Township, County of Cumberland, Pennsylvania, as more particularly described therein ("Premises"). The Mortgage was recorded on September 2, 2004 in the Office of the BANK_FIN:359832-1 000011-097225 Recorder of Deeds of Cumberland County, Pennsylvania in Mortgage Book Volume 1879, Page 2435. 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 April 8, 2009 and as of August 4, 2009 was past due in the amount of $2,444.32. 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 June 30, 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 August 4, 2009 was as follows: Principal Interest through August 4, 2009 (continuing thereafter at $11.4762 per diem) Late Charge Attorneys' Fees Costs $76,024.02 1,846.48 122.20 1,015.00 to be added TOTAL $79,007.70 10. The total amount due to Bank under the Note and Mortgage as of August 4, 2009 was Seventy-Nine Thousand Seventy and 70/100 Dollars ($79,007.70), plus costs and attorneys' fees. BANK_FIN:359832-1 000011-097225 WHEREFORE, Plaintiff demands an in rem judgment in mortgage foreclosure for the amount due of Seventy-Nine Thousand Seventy and 70/100 Dollars ($79,007.70), plus continuing interest at the contract rate from August 4, 2009, late charges, reasonable attorneys' fees and costs of foreclosure and sale of the Premises. TU R ARE ERG?-P.C. i By: ett 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:359832-1 000011-097225 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, Vs. RUTH E. BOUDER AND RANDY E. BOUDER, Defendants. CIVIL DIVISION No. AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF ALLEGHENY SS: I, Brett A. Solomon, Attorney for PNC Bank, National Association, being duly sworn according to law, hereby depose and say that the Defendants, Ruth E. Bouder and Randy E. Bouder, are not members of the military service of the United States of America to the best of my knowledge, information, and belief. Sworn to and subscribed this day of? My Commission Expires: Brett A. Solomon Attorney for PNC Bank, National Association COMMONWEALTH OF PENNSYLVP,? Ndadal SOM me Kelly J. Mink, Nobly Public City of Pittsburgh, ANephsny Counrl 55 M Commission Expires May 23.21.111 JS '2009 Member, Pennsylvania Aswclabon of No We! BANK_FIN:359832-1 000011-097225 000 Page 1 of 3 Direct Installment Loan Disclosure and Note Borrower, RUTH E BOUDER Lender: PAC Rank, National Association RANDY E BOVDER Lou Clear ?c 0 Not Appitablo. ©N a payment is rot paid in fd wrdat t5 Nye of its den dust, Brmwer may he dinged the pew of 420.00 ar 5% of the ead pnymot Prapayaarrmt A ON 00 pave off nary. Borrower will not free to py a penalty. Rgetrd Deposit Bd-=M Not AWkWa.0 The Mail Percampa Rau dust ant take into account any rgaired deposit hahnce. A=uq dm If this lost is saaawed by a Nrdap someoa pour . . that dwdaq rmmmnt ataese the remainder of the ban on tit ari ftirw toms. items preceded fay' ?' an net applicable anfess marked '®' or the egiividem. Truth4n-LwKkny Disclosures IffMAGE The cost of the Borrower's credd as a Yearly rate. 1 L E The dollar xronmt the credit win cost the Borrower. Amount Fnanced Thu amount of credit F reridul to the Borrower er on the Borrower's behalf. Total of Payments The amain that Borrower will have pail offer Borrower ha made ail paynnatts as schedndad. 5.988 % $61,494.70 $ 85,164.50 $146,65910 The Borrowers Footwear Schu ido will her a mane ere Number of Payments Amoost of Pirovants Wilkes P rs An Out 240 $ 611.08 lopwm Security: Leader is pt*q a security immost in deposits or ?u ty held by Lender ant Nan. (?1 Goods a property"" d. Id Red Estate. ? In addition, collateral War than Borrower's prinryal raddrow) sucudng odrr oblptww to tender may arse sectn this Note. Seeuill h tereyCkarges: ? None 00 Fkq Fees t 65.50 Vad" Rata: ? Not Appisahle. This bore comous a variable rah feature. Disdawes about the variable rate foroun teas ban provided to In earlier. E91% Mwera Pate op Rah my mIF Ile Prima Rio published in 7b SW Anne, Jeered increases, The rah will not inveoe son ohwe ten oars a mesh Tee rate vii m inures mom dean w precontopo point Is any ova owed end will not intros rare tin five parnntap points Brim the tens of de bee. Tie rah will wror increase beyond 1/%. Any icrws in the rate as a result of an' craaw in the win may cam the sweier of payments to iaeeres, now. ? the anrmt of the tied ptYmm Is dwege. The Bel pyre - will truer be increased to soh that 150% of the regular payment. Fr exasmpfa, A poor has want for 410 000.00 a we iadd raft of 13 trA ryayabb in 48 =a* pryawts of $270.76, and the rah incraalad to 14 112% after 12 p po ds, increased to 15 112% dw do net 12 planers, aid then nmaned the some for the term of to bas, yn would be ree ind to py w amb I I I payment of $254.81. O the amontt of the payments h charye. The ataw8 of go pymnts may im, every lour Yens. The fired payment w8 toner be' owed 10 aura Use 160% of the ropir plmrs Far wampie, H Yow bat were la $10000.00 at at Initial rate of 13 la%, repayable in 72 mrmtldy pyeaonta of $203.39, ad the nit Increased to 14 112% den 12 payawsa ircr . d to 15 1 f2% den tit Mat 12 papesals and d m nwAW #n satn fr tit tam of de bat ft pymatl aacaant wovbl ken a to $227.12 fw do 48tb thwgh tit 72nd pryarnts, ? II Barrow's participtiama w tit awrnaie paYrrent plat w iseombred far any rwre tea Atmatic Psyaraa Mat D10arox d pm a msp pabars wm wniate and may earaa tit rero fa lmcrnae Any' , in the raw will caw the mom of tit prrmsms to I For a m@* N Your bat were for $10,0011.00 nt at initial raw of 13112%, repayable is 48 matthy paymans of $270.76, and de Discover tsamietW den 12 parneaft the p I - cater . WON icraaw t o$ far do rrnso er of de torn of do Note. IThe p I oatgse amawem aarraw he set okuAad to per I Cede brsrucal ? N Borrawer's kip 1, in the Club or Package Pin Is it ageaed for nay names, the Cbb afemnat of pmoomp points will wndsoto and may cane to rate to kaerwu. Amy' serene in tea taw will we the Mount of the p1matw to incisors. For nmv* H yaw ban won for $10000 OD a a Wal lntaoar raw of 131f2tk rapaYabw in 48 sooadiy pymonta of $270.71, ad do Club Okssost wradmatod affar 12Impasse, de It use" wadi Inchooo>t $ for the raaindr of the farm of the NON. tyke Iapmn oeoatplo awweea Barttnrar has eat elected to paaehaoe endlt wearamee l see tsar uwwn daeaeraa b- dtfdmd w snndw abet mmapaYsraat Meek fey nfuind reputation in fall before the Insurance Is Not Rerful . boaower May Canod Cndk hamst rs" amt rertmry. want eta asararn ant taint on=" WAWM w FM tpaaN w tawr Brant, aso iM an os prrrvtant sum erreaer ape below and apses to pal de adidin d cwtj* Iwrarm may be parelas' n de l b of w w tea Banawc Cmdf Disability insurance maybe purchased an only w Berrowar. N obtawd fowlb Laador do cwt of den iM - mar the rlgiaol tam at 11 111006 it stated blow: Lady may raaxbe li I bola is hands Bane's prdme of' awanw.'Borrasvar' ash w visual may vet h a Co-Maker. I want Sk* Credit Life Insurer" which costs $ 1 want 0glo Credit Disability Insurance which costs $ We want Jam Credit Life Insurance which mats $ Borrower does at desire or is not eip3te far ask ins Nmim to Drro ertsl: The resin n mom of covers Direct Loan Note Index. The into is far convo ism end relrsom it ileM no Raft der meri11 or sop of any prapoph or section. The rerfbers refer to the pare froo numbers of the NmL Acceleration of the wenudir11 Waco ___„ _____,_J4 App9edion of payments 9 Assignment -- . _ _ _ _..._ 24 Ancients- 2,22 Msaaaic payment Plat -_ 5 Brrose e- raspermsr'____.____..._.2.14,25.27,31 CherlRwbion rue-.-_.._.___,_ _-.4,5.8,7,13 Cloam11 costs Club or Packap Pie Collateral Collection apasov Communication mamminl digprted debts 29 Cora F.- ktrast a Court casts _2,22 Credit 26 Credit G PNCBANIC Date: 0011912004 Itemization of Amount Financed Amnnnt Fi S See Setderwat statement 111 Amore Pen drectif teBomewr $ Sw souhmm statement Amount paid n Bo mwefs acmemt $ Sea sathmoK Simeanae (31 Amount maned by Lower for $ See Sotkaem Stmrrwn M Am" paid to odors an Borrower's bdeff: to pabic offrmids $ Sw Sotd mnt statement for chit inwnmcs S 14 to so Settlement sumervat $ W to a W to S IB to s to S pd h S to S Prepaid Fwom tamp $ sec Sddp=m sue m flemitation of Answers paid by Borrower er the ire the dal is medr fit $ Sat Setdamt Stnteraest S [31 S Siladra Of PMM 10 h irered far 3111110 Cra6t Loh Maraca Sipran of Parma Is k wwusd IN S'aagle Chit Disabityhsorarce Doi f balance -- 4,8 0*' FM -4.8 Do" _ 14 Ddidd m _ 1 Ddor in aafarearnrs ---Is 23 ohifood debts 29 ErypTrrr_._- - -_____to Fluoco chugs 48 Floodiaeranes _ _20 s Nin heard 27 WE 4 kwoun -- --26 iuarenm decks` 21 Intarwt afw merrily and inIswmert 13 bnararrm_,,, 2.4.5,8.7,8,13 Lane dMFW _ ._ 1o too tars __ 2,22 Iatdar __ 1 taeder's rile to 21 OLNACS X 10221608 Marlw_ ----4 11 P Iwo - --3,7 IYb/bb pain 25 Pad in lull check _ .---29 Palmnt appkadem 9 Payment our Dab_._ - .-._ 3 Pernrnt MOM - ---A7 Permaed rep =mMim bm d „„ Z7 ll o Ymnrt - 19 Promwe a pry_ 2 ? 17 R of baeraoeri -___._. Rslpr al secoh, _____ _ 17 fbraadov 14 Rohn ChKt Charp _ - _ 1 Secuity ietarwt _ ' _ _. _ .__1420.Z3 Sasadty ienad Charles __,-18 Security falsest in dqmb _ ? .. _ . 23 Variable rat _. _ _4.5 8 EXHIBR ?age Page 2 of 3 Direct Installment Loan Disclosure and Note Borrower: RUTH E DODDER Lander: PNC Bonk, fotiond Amcietion Date: 0811912004 RANDY E BOUDER Direct Installment Loan Note 1. Definitions. In INS Non, the word *Umwer means tub and d of those who sqa this NOW end each and d of those who adore de dock which daburses the 'Anon gidmslmely to Borrower.' The wad'LK*r Meat PNC Dank Nuind Association OF my Paso to whoa this Note has been tranf Bred. 2. Borrower's Promise to Pay. To tipsy this lose. Swam penises to pay to 190110, # 85.184.50 with interest an the vapid bdsove from to tide bait we advanced end paid in full. Natant dadi be paid at to roe per sum of 5.990 %. Berrom pars to mike poyms . is ecenrdea I wide the "Meet sdw - steed is this Nde. so arm pass. a pay to Ladw d oft amaerts whoa tray atone in odor the ewra of cis Nut iNeNdNB if aPhpitebleCrod1 Nrasrca Prm6w, Late C hwM and Cats of Caketi a, tereaw area to coda ppsmte It do * deipsisd br lends. Bonswa may she be MAW to pay te loader certain am dory" Infuse Leader will live ap comer to Dwrar. These eaapt if ney, we 91UW an papa on in 9tsntiwsn of Anus paid by Berm 0,r at the tim dm ken is made' anirw in the Settlement Statmmnt 3. Payment Schedule. Bor rewa apse to par to lends to a wn do "der this Note: © in uninterrupted awdddy p"Martr. 238 paymna of t 811.08 and a fed porn wrt w" will be killed by Lmdw, at IN remaining unpaid amenots. Papienes wig be due en the son day d mdh mock stathq a 1010812004 will ease- and d anve as der as paid. U IN udntNrupted 0001* p?namt adept for the 9wndo sksrsrc Lahda I of $ and o final pay. wn which wit be hied by the 9 unpaid mwu ts. Papwente will be dm an the seen day of ash swath atwtkp a . PROVIDED. HOWEVER, the n paymaab shd be due dui- to monks 1 25 daft before the dote of each pageant chat Lads wi cd Wale the raw poyawq awn. The ItMmmt nowt my irmass had will rat dNanmsr except for go find Pay- leader wN detrains fro taws If pod mnft payners that watid be sufficieat m WIF in hk by the Matrky Bore, don wnpdd Principe! halm that is expend to be dat a the payasent NaNPa dset at dm knu rah in -fact a don tine the cala6rn is bip made. Lades wi 0* Dewar of the now smear of 16 pspraw 1011111111 der. One WrAh Man the bbdatty Dab, it necessary. the corker of Maxote *m 0,d it== ore dM to fad payment wi not be awe tam 150% (ft pnvieod? ssAaidd roily pl"our. S. Computing Intenot. kntease is carp an a dally Naas, axadep to to onfewda- b&- NOW to iaeerdst all aech day of the bat tam. The defy interest rams pal m dr amoral fotnat tea a efbet en dot dw daidd by therawlw of days in the celeldw pew. Bermerer a fire" Mat 6ecerhae Lhrral s cdc*M ae a d* ass, has phrpswab will rook in adilioad iabreu ta4 if appiceble, a Ion chq* roll NpaNOS wi r"dt in ba stwea bip drpd. N the inteest rah an the New will ad don" borate of dap" in the Wen We an -vafdte Rate' acdad, early amrw her pptantetabi cane deb areas W the ford pgetand a dmhp. N the kernel no a aids 40 ea efrenp b0con of cant" in the Was (tee the -vari" Raid Of #4 PNfav M 0 MM of of Ma paprearts nijaet to doW every 488 namtal ndbr tlw awn d de w pgrra tedw-e. 9. Applicada n of Payments. Lendw will MR* Palmarts in the 10110" order 91. P %*. adk sumac semalena if ny. None, lete toga, fees, and then ins toader inne tka 'mad to to aetiatoctipe of shdudhded pagans 0 Or 10. Late Charge. ? Not Aipks*. aim, ever weas *K Lower may ? a a limb pware of # each "w pa acres interest d atlr anwrars Wassess a krb Jape for ay papaea on paid is kfi within 15 days of its dm dote. The aka an Corp "i he de parr d #20.00 or 5% of the tdW snot of the poymae E3 M ad3liat prior te the aaouth of to fro sdethdad edaidh tea rat jid in h0. No has eMp will be doe, owner, f the raw don the ? b Mtion, r on payrrwa a used shove, imeret PMFMM is hone a oidwr: W stt?ibKft to a Ice charp m nod en a prim prsot: or faide sbdh he to titer om*o n rapid Won and soil be due an dm sane day If the 1111 bedaa4 afar 6%* br Sway 0,r, to aria ambed- bogie so thin Now is due. rposed No non tben era lete iNrIN WE he i for or sa#Is scodoled payment. To den tae the foul poyahmht is schsdrded in thin Maphaph to be era. is called the Mdurky One, of we NdL If Borrows ebcb to Iwthsm Credit kaorann and Ilan 11. Retum Chwk Foe. 111 aoer0 apes the Leader nay asses: a he of $20.00 Creeft CU to -delf to Credit M -no the Payment Shdadeb may coupe as desc in the it Danewa onus a payswn with a trek tot is "bend by do drawse for 'ad IM DNnPO. sadfiawt hwde' a the 4. VwMk Rate. ® Not Appicahs. ? The WKM nee on this Noll can daps hwd a do" in the James! Now hall rMdu l The rte will be bond on the Me* to Index, and appk*k discounts, f may. The lades my dupe how dew to time: do Main wi nrain do son fir don Item of the Nod. To aroma nos =Ws the 'Benevnes Preen be to Pay" is #a 'Oase Rena.' The Ben Rea wa adapted 0a erad o# t Index. m4 and tea aabtact" the Aeaaadc Pap sou Pin apPScable. Interne we a emeana are waepmad adding the Magian to On wrart Wn at the on of the sn>j MMd Iaiod to lindahate rMail d Ind ow); ad then se*Wq the Adeaek Pspeant Men Discount 13. bvtoran After INIatanityr end ,hsdperverd. Mus wd*W by aka* bar, iwrea a to nee povided im alb Was sob aadrau Is scree n to rapid MAW th Club r d Thescent rm a the few may be NdlnNd Mars of orb calendar mark ogiwai- ie to a m& alter to halo ore on the fta cdoder n rate I " I A in to ROW PNrcersof pin: 31 tdar is w h joe RiWI an the bit day en w pin tuta Pninw Rea is piiaM w dw pa'? d0m? ad? hawk The met brat rumonriy tea bwad nab by Undera hour. Nqa deal" shd cow a In aee111- Leach d d sled a new ism which, In Ladees ale opinion upon a Masn" balk is aesprN... to ton k*L The mad iaaal raw will net it has err dem w was tMne a w I , Pop point in my tabdai0, monk and wi net ihcrsae or decnaa mac then fhe jwcaop paints *A* to an of rte baa der to DIWOM own is Ida to Chub (A m?iw st? by a twnaiaton of ton ArHewlie Papaw Plan srhteahJ To sad intend rah wi no excel 81% kft&m lea tatty in the paellas 5. Autorneo e Payment ?QpatAppliahle. ®Barroweratlases lenda tedwlei Mw ppneda ntabsen iron 8wmrfs ddpedt awed maiw 5004221871 -auk telaidad pepaNn Mr dine The iaadat dew a to ON muW bssaa by 0.280 It if points rAwas k Pspswet ReaOsamu f p"ticjstien is Ib mMareie PWMW plan Is dwniad fee or a" idaim? M it an Ao,ae"er dam to ten I ' 11i 400 kt 04 to deposit accew idenrdwd ism is dated; N Id B toss an and sufficient horde in the 0ursa to maim ton fall a wddf pamm a dea paraaaS dates. S. Club or Package Plena. E3 Net AppkA M Ibnower is pwtieiPaO- in or poc op d batdup trrritot been as, a is a W+4f ssrair of a chh peep ban PREMIUN this No ter Naersasa bit 0 To isea rte on 250 flub D I raub ft DataM'L f Participation in this Packop Pla or coup is dwaahsiaed for or reason. Monthly Payment Chwqps. Tlr prhaat waaaa will not soap am the tam of the ben except as stated in the 'Parmant SeANdde.• ® TMs Inpawrw?rst ny ima--te putvd ?net deerowi f HUMAN tarmkwhe dwdcioA t a dm MCade orPsebsp Pba ®Awwa* Patawn Pkn lady wi stwee I de awnd Mend oaMdy I IM Ibetwodti IN mdReint o repay a ht, by the Mashy Date, the wpU piwpd bolero- tit is apaed a be de a the PNMeet t heap ddo. a the raw' a a rue It The 0,1 0 am-rr wri arrse , Under WE ra* gbtaaew of die effective time and smaat of to saw ioyrrrr C3 Cfaws a don arse ram may crate do aewhI of perowap to cheop odor the anal of the fwal pars v0, to drape. an wav* bdws to Nasky Date if necessary, the ahaa11r of parents do will iaww-e n tho the final per ve we net In own the 150% a der Peehnoaty a"" cc) mum In do ime an raw am mow* pav cam the number of pahymgI o dwtp radar ten armor of the poptnaas to - , to fist chenhp in do payated Unew may awn an a data 48 wood a after the den date of the fire Mae* PIP at sub9gmhr dmgm If sppfcabh rri aerae awry 40, muala toner. Not mwe dwn 45 &M of not bin don EFORM teaaa5-p1n2 wears no wledr to dads is wdttm 12. Waiver by Lendwr. N 8nrewa has made or min a go future another ban o *-NO 06 Ladx LVAN NO *an a =vMy bNew in the pacipd dwsAag of Bateman w snow obe o care tart saw bon akdeewat. Tot seutity arainvat an prdde dent the pracipl 1wdntB tetra at a* the eta sou agromwm but W o d offer ban apresrw of Drrewsr will lade. Leader waives pie" vo wry right to die a termairyr iahroe it de principal tiael'q d aey pwson to sure this vole 1011115 do security areal is godk* Idea to swore the Nee . I od paid in red, men dr Iadwdrr bh? accebratoe or ethw"ssf owarky, ender if Beere"w berme s deblw IN as action Mad wake tb Ba eopaq Gale daft it jdp net is onheaN -Dial awmwa far to amaetM daa N at nor tae seam ins paoaiid for IN pats bow IMe , by be. ban" $b% in tad omen and d do *ft now IN nee dwell by gp8edb be. If to intend raw a this Due can dw4K to irsrou row "Mich "i apply bo*dq en des deer a bwsit is Hai by Isla Ad he to lwwse nM a effm a rot dam a the interest rate stored in to'BmrowersPinse to Pei' edicovw in fees. 14. Default. Me need in this porspapb, de mm'Dmnvre" Wades Borro"M G Adorn Gunn a m antler, and sty owner of po wty which s at ky tar ft Meal Dwesrar tail o M ithvdt M it Darteros don net mite or parymaat before or ae tie don it is duw or IN us vao9r felt to kmp my praebe made Is this Non w I I I in my other Mt bow oNehmhmt tekb Lendor w Id If arm who sips ton aa.ky oppseswa w s wortipir saw- to Note hwh my psalm made in to secmitr aptoetont or new- seYrsl art ad fiuited to tb paala rM to xt on away w asafa tkb Is to propetr which is OR sijm miss turlge w wcmky kdawt w 10 Leader be No bfbst NMbn sow ridhin _ taaaiba was* e ton" W hoot to soon this b1 f Bennisw ha eth err esbm aaa.r w srrpewm-do in to no applicsdenererrroperaetifI ordavana0mNowlMrthisbacer IO opeasae19nthdffile awanyteadIMakfIonismeredonea:or o f 8rrerar pram- Louder with him akrovaine or Mepd sitpen a a any dancer 011 if s art "tth papaw jerisdelia to do as finds the So ma, or snit one of them isacepacam a IF a 4T it, I aa a vad th, a- d a d e prospect of eommvw's pe ft this Nde e iaNPNind. If DereeeaN s a ddmk dm whtho lea urAq bdmm m Min Naha sad be kaa I dot at to opted the War. This will how writow my prier entice to Bwrmwr w right b sou. acept a any he roNA by bon. somwer WE din o IN Made: I if Dwo"w bwwens . .. odor tarot pp Bnowofs debts n they M if any so- po3mr trig bit bpl p - to take any money or prapehty of Bot own in tb Leadees pos9on. t or a N Banswer fin a beadeupicy paMon or f agoe fin an brehawwy bedseptcy Npbt DwrN"eC Or WHO -- n"cods an n94 mraot for the harts of aediter; or my inahre cy, Nth" ; hip m--Lpoae hk n a4wMaK ?sien or fM May jdlNws to Bet municipal d ow or n teNy Invy in flat lat or r er is sad a pea sun" s L writ of eehmdm 'a ge Page 3 of 3 Direct Installment Loan Disclosure and Note %PNCBAW Borrower: RUTH E BOBBER Lender: PNC Bank National Association Date: 0BIH912004 RANOY E INDDER Direct Installment Loan Note -continued If arty eras described is @, Ikb PL knd or la) happens, the wave K=xdugp beonce on this Mote shill be immediately due widow any prior notice to Borrower, or tight to tare, except as may be respired by law. A defwlt by Borrower on this We is a default on every ather rote, boa or agreement of Borrower with Larder. 15. General Wdwr Provisions. Sorrao wolves prassolrsmi for pop demand, pretest, notice of patent. efidarter and all otter usl ice t or dana I in eoaa, ion with the delivery, aw - perfarAnemew defect or adaaeant of ills Note. Borrower further wines any right to require tin 1iElttee in collection by tender. 1 B. Delay in Enforcernent. Lsador as debay aster . ape tlgltt odor this Mete without blimp my rWft Lender's fain to mmI my right odor We Note slat net ad as a weber of do t right r prelude cite axertiN N that right is do eras of a twat occurrence of the arse seats. herder an on salad the time allowed for making paymernr, and ad asem 1 *4 no effect the obgltiom of my Borrower. wfather or not that Borrower is ghee notice of the extension. 17. Release of Some Borrowers or Some Security. N them is am that on Borrower, Loch apses to mm bead by the Nee, eltboeA Linder may M4Ne Wry Other Borrower of renew or aidkse say PIPty which it soaAfly for the opposes of the Noe. Borrow trrsnt all down based tin asetyskip and baspa' of coisrd or security. 1 S. Security Interest Charges. Borrower arm a pay any r-ft ff% sMsfsetsn sd semen sea has **it say be defiled. The daps aM IN ropy Lads for is fors paid IS pdk i M A I a protect antics, or mism any Ndr'ty interest OWN in tin Security egrmmmrts OF atrsgrp. 19. Premorm rtt. hemeo may ItepAI in fall or in port the amaat send an dhs Note at wry tins wit hood penalty. N Bo rewa propel m doe ben in gam Borrower agree to coutsve to mab Pal hl l sdaduled paleness ad all wan ss dm under this Note we Bed. 20. If Larder Obtains a Security interest to Secure Borrower's Payment of this Note. Borrower Makes the Following Additional Prortasoa to Lender: la) if Property strata IS copied by a sample stager Marley tgnemaw NCWNI do rep"" of INS Nee now N hod Yrsrrra Is mgtird by Indent law, BORROMER MAY OBTAIN THE INBIMANCE FROM ANYONE OF BOIURUS CHOKE object to Lender's Marano apptsal N mad roman Is rvgvirvd Bensons bas Yen Nperetdy ne ffunt. The prop ny iraarmuw mutt cave oN of a damp a the ahenaf and amt he in a anoaw selfidmt a preteen Larder's blamer Load beartatce am be of the type ad's to teases mpid by (cord our, (Id Seaowe arm a provide La/or evidence of required inurara. AN pdm mist naoo in* N e loss pgeebeoswd pay sad mat pwii ha at lank 10 dap writers nots:e a bander of re 1-1, s coverage oraacahtbee Id if Barear fall to bap in lace do rs*" saran mdor Isle to provide evidence of soh hanss m to Lands. Lands any Nody MNaa to Barren. "M purchase the required swrsuea s Benno o's apna. If so even tabs to Pubes to insurance wilt the titan stand in the notice sadbr foie to povids eridoeae of such inarace to Lander, leader may padres canna to prtltn Linda's stores to the extent permitted by ink" W. and deal Bar - cite coat el to pnaimte salary other amna. Lerida ieNS in positee1 din kwon THE ISURANCE LENDER PURCHASES VFLL BE SONFCMY MORE EXPENEYE AN MAY PROVIDE LESS COYEBABE THAN =ROM M MOWER MULL MM MU OTHERWISE pipes den 1, Borrower promsar to pay Linn the amt of bt peaehwd and other arnane ioetrred by bade. Brnwor Wm do Lender a". N yrraltW by applcabb but, add do ad of to ka to to mono a whide stso t is cherpd at #4 ran provided in this Nde. a mow dam the nr?i al instance OR h eNaino .trope a finned imeann teary d NOW wish Under. Tics a ael wi hearse a to for podding do required irnsma. Is dfdrR an stmis tiny In rnptstib tw sso a M d the mderlliq sans rots ad any r t iN oompenos , for oemiag such rinks. If additional bloreadon Is r"wW nouarrdall irarrasa r nor dmw amimmn tt, pleste cawed Cowden! Comm Attestation. 2730 Liwty Avow Pittelat PA 15M (di a pey M 1Na w esthe eA - ' K bmm dm not polthe tun; lender ha the *Pd- a PN the t- Ulm lanord forrovvan potiSU PwfdY a Mpey te Lads wry anew Po by Lads for tam iel N Lads po a sewky inane in sent or searitN to vsks of do collateral may hearer ianafi at to prates Linde. N the heom Set no spas to deiver to Lander addtfmd tsthtasl whidn Larson h cows taint mosio to peed toads; 10 M Mew Larder the right to 1Npect the oMseral M sty reasonable ties, and to meroas de,-Nord ioeadtw and ropok; rearrrta.. was ad iw atapYS 11) H aaaatn are by ladder nods this No for new ador intro nm Labor sell. M its apt. H pare I by andedle low. all to sanats m ahaead to the Put+waP1 in- sad "On IF I ,M Sid ten- Woman" to bwshrs peptawa so that the ertetaet I prhaipd bel m is repaid in fell in soDstasiMy apnl sstakee is on the des dam Mind is the pgrnort stlrdek and Od Borrower's pMtiees mode std Looden's rights she bod is this Netim shelf no marl with any Wpm Pt in any bo action and shell apply awl M antecede oast we pall in full. 21. Lender May Sign Borrowers Name to Ineurmtce Checks. Borrower Om Lander the right and paver a rip Monsoon a atan an any dot or drill from an Iowa= tlmI I This Is Bothell a a chsdt or ids in paynow of mu med praams, base t aim craft Be iarana r aril fwhBly I smsom and cum mile under physical does Monaco o l feed iraasues emit por"mil vsbie? is aatily for this bet aornrwrr din not law its ryht a, ad apses fbst hl - will row, Janke the par of Lanier to stoke Borrossls etdsasnsat to & say mania the power for Lender's bsnelk ad rot for Bomwiet bmra, acept as dhawiN providalby ken. 22. Costs of Collection. If Lander fees nil or tabor action to collect this ban or protect the amoral at the Lender's Security intum in k harrower arses to pay Lerdds costs and expenses to do N, if Lander is pgdaed by appipYle few to m Bernina to pay lit= mate. U date such earn it t*M in Ohio, the shah i I I reesemNa anomeys' fees and espenum to the ma:imsn anwar pamitto f by appgp6le law. 23. Security Warrants in Deposits. The Lander my setoff any ww au dno ad u prd colder skis ban alias[ say of harm ants assay ao depa k with Leader. This includes my am" wkidr is nos or ray in do fihre be I its I with leader by Sonswr or wkk any ro4epeshm. iacI ' Borrower's spoon. This She includes any properly, crattr, saarilies. or am of der Boreww, which may at any ten be delivered to or in the intonation of the lender. Title may he dons within wry prior noties to Borrower. 24. Assigtnnent. hnawer may sot assign r otherwise baclu No rights under pis Note in anyone she. Larder may at manta, or esript cis plot, sad my aewity ereanaat Senior Aanrtpgr goo Is seem this live, amt Borrowers dots and rrblpliarn usdor cis Noe VA ttmi-- undonpi 25. Mtddple Parties. N then s nun that en Basseat. each arw to he mponsio a loader, intI A Iy sad aIrtI r he pays" in full of lhs ban. Borraape spa ihs payssona of d or-part of the proceeds ddb Note to wry Borrower or to anyone eta at tee Arsedes of cry Borrower will be to epivaors of payaet to Veda SKOW and for W baaRt of M Borrowers. 28. Credit Insurance. N Boarwrer ions dKwd IS ptr ' cm& in aanoe, harrower my tend rid inorse, at my ties allied peaky. N the event of coaBSin1 do poyanart mounts donso is the 'Paprmt Sebdde' will not deerana; rsher, the om wB he lid off meet W i ft soce aso of the plan. will be fsected is p - -at of to principal bebace of the ban. 27. Heirs and Personal Representatives Bound. The Pemba; of this Note dal he bodag am the Barone. and do hobs sad pemm@I representatives of the Borrower. 28. Gowning law novel Construction. This Noe toes hem accepted by Lander in Fsroeyharia ad all bra shelf he attended by Lanier m Borrower in pormoverw teprAaa of the stab of Bernweet rasidrww err the Own to which so "an Nbmillad a oppksdw Semester area *0 do p , 1 6 of this Note reYog is scenasl charges aad fees shot be parnoi by ant mmtmw in accordance with focus! ow end, a ode Widitshis by federla but. Fee Ilrte'a law. Ikdess preerrpted by tadsab law. War aisentue arses Sod prevsoes Ad 4 gsvera/ by ad aaI is acca/raua wilt the bw of room llNis IanMPri mnlteM misting to the eMoroaaat M Mi thgptera es..I , 'by the No ad .meteors rslemd to the watlisg 1 ad ertioreasns of a ancorky ielaroa entering tks New, N any, Shelf be by the lows of the scam whom the eelorcesa. grmdq er perfection tabaplacs. 29. Cormnsertkation Concerning Dlaputsd COMMRRW Y DOFAWWER TO LIENIDIER CONCAE INIM DISPUTED DOTS, INCLUDING AN N1.4TT tMEPfT TENDERED AS FULL SATISFACTION OF THE LOAN. SHOULD BE SENT TO CENTRALIZED CUSTOMER ASSISTANCE, 2730 LIBERTY AVENUE, PITTSBURGH, PA 15222. 30. Credt Reports. BORROWER AUTHORIZES LEADER TO OBTAIN CRLEDfT REPORTS ON BORROWER FROM TIME TO TIME AT LENDER'S DICTION WHILE BORROWER HAS A LOAN OUTSTANDING WITH LENDER. 31. SORROWS ACKNOWLEDGES RECEIPT OF A COMPLETELY RLLED4N COPY OF THIS NOTE AND DIWLOWM. BY BINNING BELOW, BORROWER AGREES TO BE LEGALLY BOUND BY ALL THE TEEMS AND CONDITIONS 40F TM NOTE. Ewh of the Borrower; porstws that h s'a of my Do even IS gases. Borreaves Open RUTH E BOMBER Date MI6.1& 4 Betrewrr't B"ins AANOT E BOBBER Ore 32. CO-MAKERS SEE NOTICE TO C04UGHM BELOW. Any Barman win is dale rW an a Collision rgrmr to he a ody resprtaI It wish M other BansNrs for the prynr ' of ter bm m/ Pwbmmm d M pordas Is tho Noe. Ce~s 5urwme Dee Co-kowt signotom goes NOTICE TO CO-SIGNER You are being asked to g usrantee this debt. Think carefully before you do. If the Borrower doesn't pay the debt, you will have to. Be sure you can afford to pay N you have to, and that you want to accept this responsibility. You my have to pay up to the fah amount of the debt if the Borrower does not pep. You any also have to pay late fees w collection casts, which increase this s mouaw. The Leader can tallied this debt from yea wlitho at frost trying to collet from the Borrower. The Lender wan use the saute collection methods against you that can be used against the Borrower, such as suing you, etc. ff this debt ls ever in deDta)t, that fad nosy become a part of your cre t record. cCf.RMPMRR.Rlhtflf Orinind 'ace 2 or 3? 3393 ?R OLNACS # 10221608 Mortgage ea P-NC 4I060d-ln" BA THIS MORTGAGE is made on 0811912004 . The Mortgagor is RANDY E BOUDER RUTH E BOUDER. there is s more than one, the word "Mongager' herein refers to each and all of there. The Mortgagee is PNC Bank, National Association. The word "Borrower" means RUTH E BOUDER, BANDY E BBUDER . If there is more than one, the word "Borrower" hernia refers to each and an of them. Borrower owes Mortgagee the sun of Efgbty-ftvs Thnusond One Hundred Sixty-foe Dollars And Fifty Cents (U.S. $ 85.164.50 ). This debt is evidenced by Borrowers wrimso obligation f referred to borne as the "ll dated 0811912004 . This Mortgage stxsres to M=. ? the re"nerd of the debt evidenced by the Note. with interest and other chaW as provided tharaq I1 the of all other sums, with interest thereon adracIWWM for the payment of deuces, asaotoons, moohmonce the insurance pornium protect t?secur Mortgage; (c) the of all of Mlortgages's costs of collection. including costs of wit w A and scosts ' to "? to rtY of this action is lacer to Payment of suns ?' if ? law. reasenrable ate. ? and expenses . if suit is filed or other owing or to protect the sawitY of this Mortgage; Ida Palmat of any refinancing, substitution, extension, owdificalsk adla remwat of indebtedness, interest, charges, costs and expanses let the performance of Mort any of said repayment of the debt evidenced ?s antler Bmower's covecaeats'aad unahr this Martpge and the NOW and ifl the by any riots or agreement which was refinanced by the Nol to the extant that such debt is owed to Morippe and has not been paid. for this Purpose, Mat age does hereby nwgW Want and convey to Mortgage the following described property, together with all improvomarrts now or hereafter erected sad all easements, r is and appurtenances thereon, lasted at and known as: 74 FOX LN UPPER FRAINIFOI® TIN PA 17241 CUNNEAIANID Recording Date 02(05(2001 100 - Deed Book Number 239 Page Number 82 EXHIBIT Tax Parcel Number 43.04.0389-023A lu .. Lest and Block Neanaeer MIA MIA }/tAnt? •? ? ?'--? The word "Property" herein shah mean ell of the foregoing mort d T ?? ???v?? ` ""? To have and to hold the ? property. g Progeny credo the Mortgages. its successors ors sa ad assigns, forever. Provided, however, that if Mort debt. interest, and all other sans and perform all covosnts and agro?tss seared hershy, than this Mal and the task conwyad sW taemircaIt a W heto 111 Ill. ple-twim retic Veit. Warranty of Tltle Mertpga warrants and represents to Mortgagee deit• (r$ MertOger is the solo owner of the ho", and has the fight to mortgage and cafwey the Property: (b) the Property is u ommikered except for encradroncea now recorded: and it) Mortgagor will defad the tide to the Property so" all claim and demands except encumbrances now mcoftled. Caveasnts. Matgapa promsea and sprees as follows: (a) Mon?gaagporf aniN mertain the Property in good order and repair, (b) Mat wig comply with all laws respecting the owns?/ adf is Part of a cadoinvoin or planned uat development, will a on of the Property; fc) H the Propene under arty mortgage. Eat, or security ?? cow w?nhy?rs4 roplations and restriction at rotxmk 14 Mal will pay and(a perform all Property whuaaaiunpoe which has pneriryr overthis M ggsrhsfia wNl pay a canna u he paid ell taxes a arcrlJ odor d gov assessed or feved MwtpW's mp mst, wM Mm to the d isr des InMns art of sadr charges; M While sapr part of 1M dd1: seared by this Mortgage remain w*aK MertpW.p miss to obtehh and Imp m face property msanco sad, H mp" by In I i ew, flood inarennce on the of or dump to the Property and moat be in an aeaorent sufficient to protect Mertgsps's Read insurance meet let of the two and Propel ie in Pfd ktsersaet by {acover im sp law. Mortgagor apron to provide p wide at Mtsrtpga evidence of raquied insurance. AN policies no asst Mtrlgogtt as a hers piiypfatcrrN oatY and eared preside let auto days written notice to Mortgages of reduction in coverage or co caNation. Mortgagor goes the r%k and power to spa Mortgsgor s ran ear cep clock or draft from an bpenncs company and to apply the money to any dek sersaad by this Mertgo s This is to decks and drafts in ptaIt no of a claim ante an ieecrattea psi for loss or dwo to tie Property or for retuned or rebated premium policies ns icweng the Property. Mortgspobndoes t fit not b net he to, end arm that hllotpga w nwL ravoht the ptwsr to make Mortgage's tgtgea power for Matgegr heath, UeW a MAtrvrin provided by far. H fags to keep in force the required i M'MM MIS f0h to FfOl evdaee of VJCh entrance der required insurance at Nionliagor'a If Allortgagor tails to fm? Mort Mora expense. phcr?drase der insurance all the On stated in the eetia aft fads to grenade "Min of each iaewara to Raps. (le may pwdwe meant to prpted 1fa•s interest; to the ON" pttat'tgd by low, sad the ant of dart aad order amounts nhcors in the iearaan. TIO~ NCF MORTGAGEE PORCffAfiES WILL SKNN ICANiIy MOTE EXpE NE AlOff MAT prLEBS CE THAN 11 'E MMRWIrR M OTNEflINISE Mortgages, ms1 repine tsnteabe ooanion IN de swrfas who frovidts Is , ob ** any required insurance on Mart Ws beholf. In eerteie states, the mpired en:uraatce any he sholood *a* a iaw icaaad rance speaey atiisWWMutgrg . The agency will rsecei risks fin s H fa P? ere ral" isaaroe in oMtior, as of a may be ra It for an or Mallow all of the undolyiag inruraaee rash and array naaiea oenpttamner1 for Mergopw fats to any other dcty a *ired by that Caaao m apnea, =:: h setae at it do as aaoeaassuaing ay to protect the Prolonty andla its mthe Property rsrder do M". Mortgagor agree to W at a sae thereon, spar t pan) Any irtmen pal to aaee?payy any amounts ? in ? ???/tMbftim Mortgagee after a jayaraa is saorM or enadieansl sum advanced obi lot at *A we pnaiil for it the fi e any maba rasoeabb aeries upon and irepectio s of the Prsparty after ygt IAatgepr Pcia node of any such irspac io; fd Mefpgtr t? aat si, tra w hi aaatratrip iq or aft into an instalkcnant sae cocaract for the sae of a1 a say part of qre W Tfe Prentice, agcaaatala 801d n? IN this 11 1#4 4110111 he biniq ad btaabt aryaat a whom the Property or this Mortgage is transferred. N more dean on the 11 ilp p. such and all of than an bsun ac?ddaiy ad The avtnanfs node in this section and Morl"ae's norhed' sat forth bsew shi not reerp? =n in bgd action and shall apply anti i unsa tt o+r geld is hi. Dehelt. Mortgagor will he in deferent under this dal N there is a detail seder the floe: 04 O IlsrfW beaks aayperaiat undo is this MorlppagM W if any dies 14 if any offer craitor trio to take the Prapeny l proem (e) if any Mertgogsr fie bodnnptey or if wpm as an anokAwI 1adr?y W" aw MsRNMf j it any tan het or evy is tied or node Mist arty A Kgmor or the Property; (of if my Mor%w has mob am fa lsa mtoa, in this Motgego er (Id if the Property, is datrsyed, or seized a catered h Inderal orate er Ioa1 p(twraaaaent. Meatpgaors Remain. Unless prfr* I , by law, if IN, -8 gor is in dab* user this 11, tgtgt, crop ak iu opdas after nation ra ll by paw, 0 any, desiare due and paydb the entire unrpaid bsence of the seas which eat: scant br the Mortgage sad spa fj r' n deehea such eraUrt habact abr and pweysbe, Mortgages ray take possession of the hoporty, Mont say and all cats, gpply aid read to the w ices soeard byy this gagai, I,radost tin tofu other enterer or upon the Mertpp as paro td or provided by law to cefbct the balance osecg. H a aengage fereCealra al a any other action on the Me t" is dW h?Mlpgow antler if M rtes aoy action to protect or aderes its huerast in any a ewt, ackideal BadpaplCY CoarL Mlatgaga sprees to pay to Mort9apa aw esPaeet errors of ante action. imdnrirq?if mPemittN by law, raarsbfe ottanepa' Ines to the neasan ntxteaa med IN law. C?bdvL circumstance continues; to exist.U eircunsteaae all which would permit Ages, to ill erats the baerce Mortgagee may take such action nn my time rk" which itch ve Delay is Edwe-0--ML Mortgeja 's n ddsy i oodor o this Matppe shoN Rte aareebrt ad not deeneti. my of this rceI of nls r" under this Mm"W err the Note without loft that right. Any waver by kAatgrnpe of any provision Motppt or tie Note will not be or arat We waiver of the same or any otm provwon err say ether seeaeon. At?rtaasat. Mertpges may sell, tionshm a artaiga this Msrtppe withaR Mangogors eeecaart. erob t If any provision of lets Matgape is hdd ft he hvaNd a arsedaptkls, such determination shall not affect the vs5dty or enforceability of the remaining provisions of this SwMortgage. WITNESS the signing of this Mortgage on the rote set forth above, intending to Witness PA Witness / ., Mapper C 1et.?? s?_L1f%&rkgd acre 3 0 ` 3? Acknowledgment taken in the STATE OF PENNSYLVANIA, COUNTY OF C (A ., b vw, /qnd- On this /_ day of A u a (A f' , aD Oy , before me, a /1 Q ?- undersigned officer, personally appeared _ 0444 t'" A4(41{1- *^CA RQAAY -aeqd-', known to me for satisfactorily proven) to be the person(s) whose name(s) is (are) subscribed to the within instrimtent and ackntiwledd1d that helsheithey executed the same for the purposes therein contained. er- In Witness Whereof, I hereunder set my hand and official seal. %"' COMMONWEALTH OF PENNSYLVANIA Signature Zz.-F'f. Notarial Seal Viola RoeBce, Notary Pubic Tftle ML H* Springs Bm, Currrbertand County My Conmlssion EVires Nov. 21, 2007 Member, Pennsylvania Association Of Notaries Certificate of Residence: 1, //7(?ryiacs A 4"'Ln , do hereby certify that Mortgagee's precise residence is Consumer Loan Center, 2730 Lberty Avenue, Pittsburgh, PA 15222. Agent for Mortgagee 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. ? o rn C:1 CD Recorder o N Z M 3 C:) -T1 CO =om Zmr -t m a cn I Certify this to be re d s D cor ed In Cumberland County pA Recorder of Deeds x -0 to 0 0 -0 r?VOOZo f?A O m = n = W C O O WO ?,3? 10tso? Z c) Q ° b s? a o O m m a 3 m _ tr m t7 N CD m _ t $ -n 3 n 0 y G 7 N ° M ° O 3 a. A rn m 3 O C 3 O 7 °- m BKI879PG2436 the PNCBANK Ruth E Bouder 74 Fox Lane Upper Frankford Twp, PA 17241 ACT 91 NOTICE Date: June 30, 2009 TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an oiffclal notice that the mortgage on your home is in default, and the leader intends to foreclose. Specific information about the nature of the default is provided in the attached asses. The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. Tbb notice explains how the program works. To see if HE-MAP can help, you most 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 1MPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VTVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDTTAMENTE 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 REDEW R SU HIPOTECA. HOMEOWNER'S NAME(S): Ruth E Bonder / Ruth E Bouder PROPERTY ADDRESS: 74 Fox Lane. Upper Frankford Twp. PA 17241 LOAN ACCT. NO.: 040-01-8110221608 ORIGINAL LENDER: PNC CURRENT LENDER/SERVICER: PNC Bank, N.A. EXHIBIT Member of The PNC Financial Services Group C- Consumer Loan Center 2730 Liberty Avenue Pittsburgh Pennsylvania 15222 f 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 (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. YOUSHOULD FILER HEMAPAPPLICATIONASSOONASPOSSWLE IF YOUHAVEA MEETING R=A COUNSELWGAGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE ANAPPLICATION WIM PHFA WITH 17V 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILYPREVENTED FROMSTARTWGA FORECLOSUREAGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, W THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE " YOUHAVE THE RIGHT TO FILEA HEMAPAPPLIC4TIONEVENBEYOND THESE TIME PERIODS A LATE APPLICATION RILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLYAPPROVED AT ANY TIME BEFORE A SHERIFFIS 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 PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT Brine it un to date) (ACT 6) NATURE OF THE DEFAULT-The MORTGAGE debt held by the above lender on your property located at: 74 Fox Lane, Upper Frankford TM. PA 17241 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 $611.08 for each of the months from April 2009 through June 2009 Other charges (explain/itemize): Late Charges of. $91.65 TOTAL AMOUNT PAST DUE: $1.924.89 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 riebts to accelerate the mortnee 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 morteaeed 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 Sheriffs Sale You may do so by paying the total amount then past due plus any late or other charges then due reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other reguirements 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 Leader: PNC Bank. NA. Address: 2730 Liberty Avenue. 2nd Floor. Meihtoo• PS-PCLC-02-N Pittsburgh PA 15222 Phone Number: 1400-878-0027 Fax Number: (412)768-3562 Contact Person: Paul Sharkadv E-Mail Address: PanLSharkady(a1PNC.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. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Very truly yours, 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 Ruth E Bouder 8835 Powells Chapel Rd Murfreesboro, TN 37129 ACT 91 NOTICE Date: June 30, 2009 TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortowe 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 (BEMAP) 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 Coa a Agency The namc address and phone number of Consumer Credit Counseling Agencies seryine your County are listed at the end of this Notice. If you have any questions. you may call the Pennsylvania Housing Finance zency 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 B PORTANCIA, PLIES AFECTA SU DERECHO A CONTEWAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDTTAMENTE 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 REDEW R SU HIPOTECA. HOMEOWNER'S NAME(S): Ruth E Bonder PROPERTY ADDRESS: 74 Fox Lane. Upper Frankford Tw% PA 17241 LOAN ACCT. NO.: 040-01-8110221608 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 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 (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 WITMN «11 1>tAVC fnF TUR r%ArIV f%1 rrwrc ATnrrr!'+1W 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 properly 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 HEMAPAPPLICATIONAS SOON AS POSSIBLE IF YOUHAVE A MEETING WITHA COUNSELINGAGENCY WITHIN 33 DAYS OF THE POSTMARSDATE OF THIS NOTICE AND FILE AN APPLICA TION WITHPHFA WITHIN30DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILYPREVENTED FROMSTAR77NGA FORECLOSUREAGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED `°TEMPORARY STAY OF FORECLOSURE " YOUHAVE THE RIGHT TO FILEA ILE"APPLICATIONEVENBEYOA!D sF TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALL 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 15222 ` - PNCBANK AGENCY ACTION --Available funds for emergency mortgage assistance are very limited They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT Bring it m to date). (ACT 6) NATURE OF THE DEFAULT -The MORTGAGE debt held by the above lender on your property located at: 74 Fox Lane, Upper Frankford Twg, PA 17241 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 $611.08 for each of the months from April 2009 through June 2009 Other charges (explain/itemize): Late Charges of: $91.65 TOTAL AMOUNT PAST DUE: $1 24.89 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 $1,924.89, 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 un to one hour before the Sheriffs Sale. You may do so by Rg3jng the total amount then past due plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with Sheriff s Sale as specified in writing by the lender and by performing an y 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 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, Mailston: PS-PCLC-02-N. Pittsburgh, PA 15222 Phone Number: 1400-878-0027 Fax Number: (4121768-3562 Contact Person: Paul Sharkadv E-Mail Address: Paul.SbarkadvCaXNC.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. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Very truly yours, 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 PNCBANK Randy E Bouder 74 Fox Lane Upper Frankford Twp, PA 17241 ACT 91 NOTICE Date: June 30, 2009 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 cages. 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 most 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 Counseline Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Anencv toll free at 1-800-342-2397. (Persons with impaired hearinE 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): Randy E Bonder / Randy E Bonder PROPERTY ADDRESS: 74 Fox Lane, Upper Frankford Twp, PA 17241 LOAN ACCT. NO.: 040-01-008110221608 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 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 (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 teleohone numbers of designated consumer credit counseling agencies for the county in which thepropLM 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 HVW A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE ANAPPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILYPREVENTED FROMSTARTINGA FORECLOSUREAGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE " YOUHAVE THE RIGHT TO FILEA HEMAPAPPLICATIONEVENBEYOND THESE TIME PFRIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLYAPPROFED AT ANY TIME BEFOREA 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 PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT Brine it up to date), (ACT 6) NATURE OF THE DEFAULT--The MORTGAGE debt held by the above lender on your property located at: 74 Fox Lane, Upper Frankford Twp, PA 17241 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 $611.08 for each of the months from April 2009 through June 2009. Other charges (explain/itemize): Late Charges of. $91.65 TOTAL AMOUNT PAST DUE: $1,924.89 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 anv time m to one hour before the Sheriffs Sale. You may do so by pMdIZ the total amount then past due plus any late or other charges then due reasonable attomey's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by Rerforming 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 (b) 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 LE Name of Lender: PN( Address: 2730 Liiberb Phone Number: 1-800 Fax Number: (412)76 Contact Person: Paul E-Mail Address: Panl NDER Bank. N.A. r Avenue. 2nd Floor. Msilstoo: P5-PCLC-02-N. Pittsbureh. PA 15222 -878-0027 5-3562 Sharkadv .SharkadvWNC.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. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Very truly yours, 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 ,_ PNCBANK Randy E Bauder 8835 Powells Chapel Rd Murfreesboro, TN 37129 ACT 91 NOTICE Date: June 30, 2009 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 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 obone 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 Housine Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780-1869.) This Notice contains important legal information. If you have any questions, representatives at. the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA 1MPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. 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): Randy E Bonder PROPERTY ADDRESS: 74 Fox Lane, Uover Frankford Twp, PA 17241 LOAN ACCT. NO.: 040-01-008110221608 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 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 (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 IIEMAP APPLICATION AS SOONAS POSSIBLE IF YOU HA VE A MEETING WITHA COUNSELINGAGENCY WITHIN33 DAYS OF THE POSTMARKDATE OF THIS N077CEAND FILE ANAPPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN TUE 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. " YOUHAVE THE RIGHT TO FILEA HEMAPAPPLICATIONEVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STAR777VG 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 rmance Agency or its uecision 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: 74 Fox Lane, Upper Frankford Twp, PA 17241 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 $611.08 for each of the months from April 2009 through June 2009. Other charges (explain/itemize): Late Charges of: $91.65 TOTAL AMOUNT PAST DUE: $1,924.89 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 $1,924.89, 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 anytime up to one hour before the Sheriff s Sale You may do so by paving the total amount then east 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 Wp; ified 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 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 MaRstou- P5-PCLC-02-N, Pittsbureh, PA 15222 Phone Number: 1-800-8784027 Fax Number: (412)768-3562 _Contact Person: Paul Sharkady E-NW Address: Paul Sharkadya.P_NC.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 Sheriff s Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE--You may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt. YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Very truly yours, 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 O M LO N O Ch t O OR N 69 r t0 O N? ?i .. IL i ? ms Q N. O O O N !O CV) O V co O O O r ti t r 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 v j i O co to C N O Cl) ---- N I .. _ Cl? N G . CV) N 69 N 40 0 CY 00 ?N O O cq O r N- a rlt cv) p cr) Goo r co CV) O O M ap O O M Co i O ? O ? O O VERIFICATION I, Darnella Ganaway, Attorney Relations Manager, and duly authorized representative of PNC Bank, National Association, depose and say subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities, that the facts set forth in the foregoing Complaint in Mortgage Foreclosure are true and correct upon my Attorney Relations Manager PNC Bank, National Association BANK FIN:320716-1 000011-097225 012 F` 9 x'78. sa ??L A-?y eK.? 3zs?Fvy ?? aaaa?c Sheriffs Office of Cumberland County R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant 4 ntr of lut4b 'j rz. OFF :RIB=F' OF THE ???vEr,?kJ()T' Y 2EA 0r4 23 AM ,: 42 Edward L Schorpp Solicitor PNC Bank, NA Case Number vs. Randy E. Bouder 2009-7151 SHERIFF'S RETURN OF SERVICE 10/26/2009 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: Randy E. Bouder, 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 Randy E. Bouder. Request for service at 74 Fox Lane Newville, PA 17241 is currently for sale. The Newville Postmaster has advised the defendant has forwarded their mail to 8835 Powells Chapel Road Murfreesboro, TN 37129. 10/26/2009 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: Ruth E. Bouder, 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 Ruth E. Bouder. Request for service at 74 Fox Lane Newville, PA 17241 is currently for sale. The Newville Postmaster has advised the defendant has forwarded their mail to 8835 Powells Chapel Road Murfreesboro, TN 37129. SHERIFF COST: $64.80 October 26, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF . 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, vs. RUTH E. BOUDER AND RANDY E. BOUDER, CIVIL DIVISION No. 09-7151 PRAECIPE TO SETTLE AND DISCONTINUE Defendants. Filed on behalf of PNC Bank, National Association, Plaintiff Counsel of record for this party: Brett A. Solomon, Esquire Pa. I.D. #83746 bsolomon(iDtuckerlaw.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 . 11 1. op IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, CIVIL DIVISION No. 09-7151 VS. RUTH E. BOUDER AND RANDY E. BOUDER, Defendants PRAECIPE TO SETTLE AND DISCONTINUE TO: PROTHONOTARY, CUMBERLAND COUNTY Kindly settle and discontinue the action filed in the above-captioned matter in favor of the Plaintiff, PNC Bank, National Association, and against the Defendants, Ruth E. Bouder and Randy E. Bouder. TU R ARENSBERG, P.C. By: Brett A. olomon, Esquire Pa. I.D. No. 83746 1500 One PPG Place Pittsburgh, Pennsylvania 15222 (412) 566-1212 Sworn to and subscribed before me this day of November, 2009. ? \)C-\ (h k' - ota is CAMMOWM LL.T,,?taIANIA Nowdai Afftak, Nary Pubk My Commission Expires: Kelly J. Cny of pftburyh, AMeg y C X13 My ConwrAsWw E>q? Y NbWft Mornber, ennsylwrniaa assodatlon of BANK FIN:366208-1 000011-142339 __' t ?t?ll':'+ ... ?: {, ?!' , .