Loading...
HomeMy WebLinkAbout04-3751IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, VS, THOMAS J. REECE, JR. and BRENDA L. REECE, Defendants. CIVIL DIVISION No. Oq -- 2qS! CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE Filed on behalf of PNC Bank, National Association, Plaintiff Counsel of record for this party: Brett A. Solomon, Esquire Pa I. D. #83746 TUCKER ARENSBERG, P.C. Firm #287 1500 One PPG Place Pittsburgh, Pennsylvania 15222 (412) 566-1212 I hereby certify that the property to be foreclosed upon is: 607 Mountain Street, Box 471 Summerdale, Pennsylvania 17093 East Pennsboro Township... Brf~tt A'. Solomon Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, VS, THOMAS J. REECE, JR. and BRENDA L. REECE, Defendants. CIVIL DIVISION No. IMPORTANT NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717)-249-3166 1-800-990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, V$, THOMAS J. REECE, JR. and BRENDA L. REECE, Defendants. CIVIL DIVISION No.-- 3'751 COMPLNNTIN 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: 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, Thomas J. Reece, Jr. and Brenda L. Reece, are adult individuals with a last known address of 607 Mountain Street, P.O. Box 471, Summerdale, Pennsylvania 17093. 3. On or about July 26, 2000, Thomas J. Reece, Jr. ("Borrower"), executed a Direct Installment Loan Disclosure and Note ("Note") whereby Borrower promised to pay Bank the principal amount of $9,075.00 plus interest and other amounts as more particularly set forth in the Note. 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 July 26, 2000 ("Mortgage") given by Thomas J. Reece, Jr. and Brenda L. Reece ("Mortgagors") to Bank, encumbering certain real property located in East Pennsboro Township, County of Cumberland, Pennsylvania, as more particularly described therein ("Premises"), The Mortgage was recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania on August 10, 2000 in Mortgage Book Volume 1631, Page 856. A true and correct copy of the Mortgage is attached hereto as Exhibit "B" and incorporated herein. 5. The Borrower is in default of the provisions of the Note for failure to make payment when due and therefore the Mortgagors are in default of the provisions of the Mortgage. The Note is due from October 15, 2003 and as of July 1, 2004 was past due in the amount of $1,372.14. 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 the Mortgage. 8. On or about December 31, 2003 Notice was 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 the Mortgage may be commenced after 30 days from the date of the Notice. Said Notice further advised Defendants of Defendants' rights and obligations in accordance with the Acts. A copy of the Notice sent to the Defendant are attached hereto as Exhibit "C" and incorporated herein. 9. The amount due Bank under the Note and the Mortgage as of July 1, 2004 was as follows: Principal ....................................................................................... $6,026.18 Interest through July 1, 2004 (Continuing thereafter at $1.6860/diem) ...................................... 465.77 Late Charges .................................................................................... 180.00 Costs ........................................................................................ to be added Attorneys' Fees (to the extent actually incurred) ....................... to be added TOTAL ......................................................................................... $6,671.95 10. The total amount due to Bank under the Note and the Mortgage as of July 1, 2004 was Six Thousand Six Hundred Seventy-Qne and 95/100 Dollars ($6,671.95), plus costs and attorneys' fees. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount due of Six Thousand Six Hundred Seventy-One and 95/100 Dollars ($6,671.95), plus continuing interest at the contract rate from July 1, 2004, late charges, reasonable attorneys' fees and costs of foreclosure and sale of the Premises. By: Pa. I.D. No. 83746 1500 One PPG Place Pittsburgh, Pennsylvania 15222 (412) 566-1212 Attorney for PNC Bank, National Association, Plaintiff BANK_FIN:227647-1 -3h VERIFICATION I, Darnella Ganaway, Attorney Relations Manager, and duly authorized representative of PNC Bank, National Association, deposes and says subject to the penalties of 18 Pa. C.S.A. §4904 relating to unswom falsification to authorities, that the facts set forth in the foregoing Complaint in Mortgage Foreclosure are true and correct upon my information and belief. Attorney Relations Manager ~ PNC Bank, National Association SANK_FIN:227647-1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, CIVIL DIVISION No. Plaintiff, VS. THOMAS J. REECE, JR. and BRENDA L. REECE, Defendants. AFFIDAVIT OF NON-MIMTARY SERVICE COMMONWEALTH OF PENNSYLVANIA ) ) COUNTY OF ALLEGHENY ) SS: I, Darnella Ganaway, Attorney Relations Manager, PNC Bank, National Association, being duly sworn according to law, hereby depose and say that the Defendants, Thomas J. Reece, Jr. and Brenda L. Reece, are not members of the military service of the United States of America to the best of my know{edge, information, and belief. Attorney Relations Manager PNC Bank, National Association Sworn to and subscribed before me Notary Public My Commission Expire~ EXHIBIT "A" Direct lflstalhneflt Loan Disclosure and Note Borrowm: tende~: THOMk~ J ~EECE J~ PNC IMt ~tlend As~a~n PNC~,ANK T~uth-ln. Lendlng Die¢losure~l $ 9,07§,66 Told o! Paynwnls The amotmt th~ $12,805.84 [~]N~ r-t UkqFml P. aqi~r ed O~,~l J ldlim~]'lli~l Ap~iflide. f"] rhe Ar*l~l $ Direct lnslallment Loan Disclosure and Note Direct Instalhnent Loa,~ Disclosure and Not6 PNC~AN~ Dali: NOTICE TO CO.5IGNEK EXHIBIT "B" { usv ~~ ~ *Mo~oagor hereto refers to each afl~ ag of them. The Me~gagee ~s PNC Bank Nat gna Association ~t~word Borrower herem refers to each and alZ of them. ~'~ ' ~ Uo~g~ t~ sum of N ne Thou~nd and Seven..five Do ars ~ & I 1 075 O0 ). ~s debt is evfdeflced by 8orrowe s wn~efl obligation [referred to here~n as the '~ote"). dated 7f26~2000 ; M~O~ fei t~ pay~nt of all of UortBa~ee's ~Qs~? coile~?on~ i~??~ng costs ~[ suft an~, PO BOX 471 MOUNTAIN SUMMERDALE PA 17093 CUMBERLAND Recording Oata of Original Deed 9H 1~ 1996 Oeed Book Nu~er 145 Page Number 940 Tax Parcel No. 09.11-3005-012 Lot f Block No. NJA The word "P~ope~y' herein shall mean all of the foregoing mo~Baged prope~y. (al Mo~oagor will mainta n the Prope~y n good order and repair (bi Mo~gaBor will cowry with all ]~s respec~flg the ownership andlor ~e of the Prope~y; {c) If t~ Prope~y [s pa~ of a condo~nium or planed unit develop~flt. Mo~gagor wfil co~ y w · all by-laws, regulatiom a~ restfictio~ of record; (d) Mo~gagor will pay ~dlor pe~orm ail obligations tomato unpaid. Mo~gagor pto~ses to obtain and keep lA force pro~y ins~ afld~if re~ re~; ~e~;~;l~'~"~,~'':~J~' t[~ ~nu~ any p~ of the debts secured by this Morgue retw~d or rebated pre~u~ on policies insuring the Pr~pe~y; (gl If Mo~gagor f~is to keep in force the req~d insw~ and]or fails ~ movide evide~e of such i~urance to applicable taw. and charge Mo~9agor the cost of the pre~u~ a~ any other a~u Mo~Bagee in~s [n ~rchasing the nsurance. THE INSURANCE MORTGAGEE PURCHASES WILL BE SIGNIFICANTLY MORE EXPENSIVE A~O MAY PROVIDE LESS COVERAGE THA~ INSURANCE MORTGAGOR COULD ?URCBASE OTHERWISE. Mo~gagee may recede re~onable ifc~ns~ [n~uraflce ~Bency affiliated with Mortgagee. This agency wifi rece ye a fee for -rovidino the ranuirod inq.e~nr. '- -""*-' res, th~.?qu.md Imuraflce may be obtained through a ~erly~g I~uranc~ ~sks ~d ~y re~ive ~mpe~atiofl for ass~ng su~ ~sks. If ~o~.a~r-~il~'~'~;~':::;~n' a~ml?te m~.be respo~le for so~ or Mi of the ~y, at its sole opt.o~ advance such su~ as ~ dee~ ne~ssary to protect the Pm.e~v ~n~'or its rl-~ ~- ..- ~'-[~ u~ ~[.OO~l~lOn re~lr~ by ~se Coronals, Mo~gagee ~dv~d sh.~li be at t~ rate provided for in the Note; ( ) Mo~gagee may make reason~ e entr es , D~faul~ MonGaff~r will.be in defa~ under this Mo~a~e: a if ~hem s a default under the Note: (bi if Mo~aoor break~ an r ' ' d~es; id)Jf any p~e[ cr~a{ trms. ta ~ake the Prope~y by legal process; lei if any Mortgagor files bankruptcy or if ~ tax lien or levy ~ Tala or ~e agai~t ~y MoAgagor or t~ Pronely; [.) if an- M-" ..... " .... " .... ._,__ ~._ . ~vo?~y oan~uptcy against any MoA or; {fl Jf _ M~g~g~'~ Remedies. Unless prohib~te~by I-"~'~: if Mortgagor is ~ defa~t under this MoR-a-e Mo ~ pay~.e t~ e~re unpaid balance of the su~ which are secured by this Mo~gage and owing upon the Note. If Mortgagee so declares such entire bM~ce due a~ pay~le, Mo~gagee may take posse~ion of the Property, coile~ any and ali rents, apply said rents to ~e indebtedness secmed by this Mortgage, foreclose t~ Mortgage, or take other action upon t~ Mo~gage as ~e~ed or provided by law to collect the baian~ owing. If a ~gage foreclosme action or any other a~ion on this Mo~gqe is flied by Mo~gagee, andlor Mo~gagee takes any ~-t6 pro~e~ or e~orce its ~erest in any cou~ iflcl~ing B~kmptcy CouP. Mo~gagor agrees to pay to Mo~gagee all ex~es a~ ~sts of su~ a~ion including, if ~r~ed by I~:~e~on~le ~orneys' fees to ~e maxi~ e~ent ~ed by law. Severabili~. f ~y provision of this Mo~gaBe is held to be invalid or une~orceabie, such deter~nation shall not affect the validity or e~orce~ility of {~ remaining provis]o~ of ~is Mo~oage. WITNESS the signing of this Mo.gage on the d~te set fo.h above, ime~ing to be legally hound. pA Witness / ' ~ND~. ~ ~ECE Acknowledgment taken in the STATE OF PENNSYLVANIA COUNTY OF undersigned officer {who Ce~ifies that ~lshe ~s not an officer or directur of PNC Bank, Natiuna{ AssociafiQn), personsi[y appeared ~c~ ~ ~ ~ ~ ~- ~ ~ known to ~ {or satisfa~uriiy proven) to be the person(si w~nse naa(si ~ [are) subscribed to the within idstm~ a~ ac~owied~d that helshe/t~y exacted the sa~ for the purpnses therein coca)ned, ~' ~2'- Signature Affid~lt~ng Witness ldo n~t use if Mongagodfl ~knswledged the Mo~gage. Affidev,t ~t be taken m county where Prope.y ,s I~cnted.] ~efure ~, a mt~ public (who ~Aifie~ that ~/s~ is ~t un officer or director of PNC Bank. NatiunM Associatiun), personally appeared , the subscribing wlt~ss to the within Mo~gaga, who being duly sworn ac~rding to taw, deposes and says that ~lsde w~ personally pmsm~ ~ t~ exec~ion of s~d M~gaga, saw ~ within n~ Mo~gagur(s) ~ sign ~ his/~r/t~ir a~ und deed, a~ deliver said MoAgage fur the purposes t~rein set fo~h; and that t~ ~ of tMs de~nt affAed thereto ns s~scribing witness is of deponeM's ~wn proper h~writing. Subscribing Wimess Sworn to and subscribed before nm this day of Notay Public NADIA Certificate of Residence: I, that Mortgagns'$ precise residence is Consumer Loan Center, ~[730 Liberty Avenue, Pittsburgh, PA~.~..~ Agent for Mortgagee ~ . in the Office of the Recorder of Deeds in and far said County. in Me,gage 8oak Volume WITNESS my hand and the seal of said office the day and year afomeaid. day of ,page Recerdm: , do hereby certify EXHIBIT "C" PNCBAN THOMAS J REECE JR PO BOX 471 MOUNTAIN ST SUMMERDALE, PA 17093 Date of this Notice: December 31, 2003 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose, Svecific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help save your home. This NOtice explains how the prom-am works. To see if HEMAP can help, you must MEET W1TH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Agencies serving your County are listed at the end of this Notice. If you have any ~luesfions, you may call the Pennsylvania Housing Finance A~encv 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 f'md a lawyer. LA NOTIFICACION EN AD J-UNTO ES DE SUMA IMPORTANCIA, PLIES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDrrAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECttO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME: THOMAS .1 REECE JR / BRENDA L REECE PROPERTY ADDRESS: PO BOX 471 MOUNTAIN ST. SUMMERDALE, PA 17093 LOAN ACCT. NO.: 040-01-8014854268 ORIGINAL LENDER: PNC CURRENT LENDER/SERVICER: PNC Bank. NA A member of The PNC Financial Services Group Consumer Loan Center 2730 Liberty Avenue Pittsburgh Pennsylvania 15222 PN CBANK 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 I~AYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (TlqE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: · IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, · IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND · IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face- to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. TI-IE 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 counseline a~encies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to- face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the fight to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Program Application with one of the designated consumer counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have application~ for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF You DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. ~ ' A member of The PNC Financial Services Group Consumcr Loan Center 2730 Liberty Avenue Pittsburgh Pennsylvania 15222 PNCBATXK 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 (Brinl~ it uo to date): NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: PO BOX 471 MOUNTAIN ST, SUMMERDALE, PA 17093 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 ~avments in the mounts of $152.46 for each of the months from October 2003 throue, h November 2003. Other charges (explain/itemize): Late Charges for $60,00 TOTAL AMOUNT PAST DUE: $517.38 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 $5 17.38. PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAYS PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to._2.' PNC Bank, NA, 2730 Liberty Avenue, 2na Floor, Mailstoo: PS-PWLC-02-I, Pittsburgh, PA 15222 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortltalte 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 mount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose noon your mortltalted orooertv. IF TI~E MORTGAGE IS FORECLOSED UPON - The mortgage property will be sold by the Sheriffto pay offthe mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY oeriod, you will not be required to oar attorney fees. OTHER LENDER REMEDHgS - The lender may also sue you personally for the unpaid principal balance and all other sums due under the gO~*l~i~ lhe PNC Financiat Services Group Consumer Loan Center 2730 L/beth/Avenue Pittsburgh Pennsylvania 15222 PN CBA'IXK 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 uv to one hour before the Sheriff's Sale. You may do so bv paving the total amount then oast due, vlus 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 D~:q'forming any other recmiremants under the mort~a~,e. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLHgST POSSIBLE St~ ~i;RIFF'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 mouths 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 ~ LENDER: Name of Lender: PNC Bank: NA Address: 2730 Liberty Avenue, 2~ Floor, Mallstoo: P5-PWLC-02-I, Pittsburgh. PA 15222 PhoueNumber: (412) 762-1214or 1-800-878-0027 Contact Person: Lori Shelton EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your fight 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 }lAVE THE RIGltT: * 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 OCCLTRRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN TI'tl~E TIMES IN ANY CALENDAR YEAR.) · TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIr 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 ~ FEDERAL BANKRUPTCY LAW. Very truly yours, Arlene West PNC Bank, National Association cc: 1 st Class U.S. Mail, postage prepaid CONSUMER CRF_,I)gI'n-~3qJ~8~~USERVING YOUR COUNTY (see attached) Consumer Loan Center 2730Uberla/Ave~lue Pittsburgh Pennsylvania 15222 PNCBANK BRENDA L REECE PO BOX 471 MOUNTAIN ST SUMMERDALE, PA 17093 Date of this Notice: December 31, 2003 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE Tkis is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Svecific information about the nature of the default is orovided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (I-IEMAP) may be able to hell> save your home. This Notice explains how the prom works. To see if HEMAP can helD, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseline A~encv. The name, address and phone number of Consumer Credit A~encies servinff your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housin~ Finance Agency toll free at 1-800-342-2397. (Persons with imDaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you fred a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIV[ENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERI)IDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME: PROPERTY ADDRESS: LOAN ACCT. NO.: ORIGINAL LENDER: CURRENT LENDER/SERVICER: BRENDA L REECE PO BOX 471 MOUNTAIN ST, SUMMERDALE~ PA 17093 040-01-8014854268 A member of The PNC Financial Services Group Consumer Loan Center 2730 UbertyAvenue Pittsburgh Pennsylvania ~5222 PNCBAN< 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 I~AYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: · IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND · IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face- to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN 'IHE NEXT (30) DAYS. I~ 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 the orooert¥ is located are set forth at the end of this Notice. It is only necessary to schedule one face-to- face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Program Application with one of the designated consumer counseling agencies listed a~ the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE ~ WILL BE DENIED. A member of The PNC Financial Services Group Consumer Loan Center 2730 Liberty Avenue Pittsburgh Pennsylvania 15222 PN CBAI",K 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/NFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT TH]~ DEBT. (If you have f'fled bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it uo to date): NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: PO BOX 471 MOUNTAIN ST, SUMMERDALE, PA 17093 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 $152.46 for each of the months from October 2003 throu~Ja LAS 1. Other charges (explain/itemize): Late Char~zes for $60.00 TOTAL AMOUNT PAST DUE: $517,38 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 $517.38. PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE TI-HRTY (30) DAYS PERIOD. Payments must be made either by cash. cashier's check, certified check or money order made oayable and sent to.' PNC Bank, NA. 2730 Liberty Avenue, 2"d Floor, Mailstoo: P5-PWLC-02~I, Pittsbur~t, PA 15222 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS oftbe 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 uoon your mortgaged orooerty. IF THE MORTGAGE IS FORECLOSED UPON - The mortgage property will be sold by the Sheriff to pay offthe mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY oeriod, you will not be reouired to oar attorney fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the gaam~gef The PNC Financial Services Group Consumer Loan Center 2730 Libem/ Avenue Pittsburgh Pennsylvania 15222 PNCBAN 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 fight to cure the default and prevent the sale at any time uv to one hour before the Sheriff's Sale. You may do so by oa¥ing 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 soecified in writing by the lender and by performing any other reauirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately six months from the Date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: PNC Bank~ NA Address: 2730 Liberty Avenue, 2"d Floor, Mailstoo: P5-PWLC-02-I, Pittsburgh, PA 15222 Phone Number: (412~ 76 or 1-800-878-0027 Contact Person: Lori Shelton EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may not sell or transfer your home to a buyer or 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 Tills 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 AS SERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. * TO SEEK PROTECTION UNDER THE FEDERAL BANKRI_YPTCY LAW. Very truly yours, Arlene West PNC Bank, National Association cc: 1~t Class U.S. Mail, postage prepaid CONSUMER CRE~SI~I~I[~I~c~erI~U~ERVING YOUR COUNTY (see attached) Consumer Loan Center 2730LibertyAvenu¢ Pittsburgh Pennsylvania 15222 Alleghen County Action Housing, Inc ' 425 6' Ave Suite 950 pittsburgh, PA15219 '(412) 391-1956 or (412) 281-2102 Fax # (412) 391-4512 CCCS of Western Pennsylvania 309. Smithfield St Pittsburgh, pA 15222 (412) 471-7584 urban· League of Pittsburgh Bldg. for Equal Opportunity . 'One Smithfield St Pittsburgh, PA 15222 (412).227-4802 Fax # (412) 261-5207 PHFA (Marica Hess) 2275 Swallow Hill Rd, Bldg. 200 : Pittsburgh, PA 15220 (412) 429-2842 Fax # (412) 429-2835 Community Action Southwest 22 West High St waYnesburg, PA 15370 (724) 852-2893 Housing Opportunities 113 Seventh St McKeesport, PA 15132 (412) 664-1906 Fax # (412) 664-0873 Mon-'Valley Unemployed Committee 120 E 9* Ave ' Homestead} PA 15120 (412) 462-9962 SHERIFF'S CASE NO: 2004-03751 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PNC BANK NATIONAL ASSOCIATION VS REECE THOMAS J JR ET AL RETURN - REGULAR SHANNON SHERTZER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, REECE THOMAS J JR DEFENDANT , at at 607 MOUNTAIN STREET SUMMERDALE, PA 17093 THOMAS REECE JR a true and attested copy of the within COMPLAINT - MORT FORE 1829:00 HOURS, on the COMPLAINT was served upon 9th day of August the , 2004 by handing to MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 11.10 Affidavit .00 Surcharge 10.00 39.10 Sworn and Subscribed to before me this ./~ day of So Answers: R. Thom~s K'line o8/lo/2oo4 TUCKER ARENSBERG / ~ Deputy Sherl f SHERIFF'S RETURN - REGULAR CASE NO: 2004-03751 P COMMONWEALTH OF PENNSYLVANIA: COLrNTY OF CUMBERLAND PNC BANK NATIONAL ASSOCIATION ¥S REECE THOMAS J JR ET AL SHANNON SHERTZER Cumberland County, Pennsylvania, says, the within COMPLAINT - MORT FORE REECE BRENDA L DEFENDANT , at 1829:00 HOURS, on the at 607 MOUNTAIN STREET SUMMERDALE, PA 17093 THOMAS REECE JR, ADULT IN CHARGE a true and attested copy of COMPLAINT - MORT FORE Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the 9th day of August , 2004 by handing to together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this /~- day of t 'Prothonotary So Answers: £ R. Thomas Kline 0@/i0/2004 TUCKER ARENSBER~ ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, plaintiff, VS. THOMAS J. REECE, JR. and BRENDA L. REECE, Defendants. CIVIL DIVISIION No. 04-3751 Civil Term pRAECIPE TO SE3-rLE AND DISCONTINUE WITHOUT pREJUDICE Filed on behalf of PNC BANK, NATIONAL ASSOCIATION, Plaintiff Counsel of record for this party: Brett A. Solomon, Esquire Pa. I.D. No. 83746 TUCKER ARENSBERG, P.C. Firm #287 1500 One PPG Place Pittsburgh, Pennsylvania 15222 Telephone: (412) 566-1212 IN THE COURT Of COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, VS. THOMAS J. REECE, JR. and BRENDA L. REECE, Defendant. CIVIL DIVISION No. 04-3751 Civil Term PRAECIPE TO S~llLE AND DISCONTINUE wrrHOUT PREJUDICE TO: PROTHONOTARY, CUMBERLAND COUNTY Kindly settle and discontinue, without prejudice, the action filed in the above-captioned matter in favor of the Plaintiff, PNC Bank, National Association, and against the Defendants, Thomas J. Reece, Jr. and Brenda L. Reece. By: B~ett A. Solomon, Esquire Pa. I.D. No. 83746 1500 One PPG Place Pittsburgh, Pennsylvania 15222 (412) 566-1212 Sworn to and subscribed before me this t'~ day of ~004. ~.,~ ~;~.,~,u,~-,~/~Tt-t a, ,'NNi~L~/~'I Nota~ u I ~F~ ~,~ ~ My Commission Expires: ~.~ ~ ~ N~ BANK_FIN:232123-1