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HomeMy WebLinkAbout05-5256 " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, CIVIL DIVISION No. {)S - S.J$b c(u~ll€JL~ Plaintiff, vs. BARBARA A. MORAN, CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE Defendant. Filed on behalf ofPNC Bank, National Association, Plaintiff Counsel of record for this party: Brett A. Solomon, Esquire Pa. J.D. #83746 Beverly Weiss Manne, Esquire Pa. J.D. #34545 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: Brett A. olomon Attorney for Plaintiff ~ II- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, CIVIL DIVISION No. Plaintiff, vs. BARBARA A. MORAN, Defendant. 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 HA VE 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, PAl 70 13 (717)-249-3166 1-800-990-9108 ... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA Plaintiff, CIVIL DIVISION No. DS" - S.;Lsl- C.UltT02-~ PNC BANK, NATIONAL ASSOCIATION, vs. BARBARA A. MORAN, Defendant. 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. Defendant, Barbara A. Moran, is an adult individual whose last known address is 49 Drexel Pl., New Cumberland, Pennsylvania 17070. COUNT I 3. The allegations contained in paragraphs 1-2 are incorporated herein as if set forth at length. 4. On or about March 20, 1998, Barbara A. Moran ("Borrower"), executed a Home Equity Line of Credit ("Note-l ") whereby Borrower promised to pay to Bank the total amount of $20,000.00 plus interest as provided therein. 5. The obligations evidenced by the Note-l are secured by a Mortgage dated February 10, 2000 ("Mortgage-l ") given by Barbara A. Moran ("Mortgagor") to Bank, encumbering certain real property located at 49 Drexel Pl., New Cumberland, County of Butler, Pennsylvania, as more particularly described therein ("Premises"). The Mortgage-l was recorded in the Office of the Recorder of Deeds of '\. Butler County, Pennsylvania at Mortgage Book Volume 1596, page 709. A true and correct copy of Mortgage-1 is attached hereto as Exhibit "A" and incorporated herein. 6. The Borrower is in default of the provisions of the Note-1 for failure to make payment when due and therefore the Mortgagor is in default of the Mortgage-I. The Note-1 is due from April 25, 2005 and as of September 27, 2005 was past due in the amount of $1,069.77. 7. The Defendant is the record and real owner of the Premises. 8. There has been no assignment, release or transfer of the Note-lor Mortgage-I. 9. On or about July 19, 2005, Notice was sent to Defendant in accordance with 35 P.S. S1680A03C (Homeowner's Emergency Mortgage Assistance Act of 1983 - Act 91 of 1983) and 41 P.S. S403 (Act 6 of 1974) that an action on said Mortgage-1 may be commenced after 31 days from the date of the Notice. Said Notice further advised Defendant of Defendant's rights and obligations in accordance with the Act. A copy of the Notice is attached hereto as Exhibit "B", collectively, and incorporated herein. 10. The amount due Bank under the Note-1 and Mortgage-l as of September 27,2005 was as follows: Principal Interest through September 27, 2005 (continuing thereafter at $3.5130 per diem) Late Charges Attorneys' Fees Costs TOTAL $19,727.37 413.91 120.00 450.00 to be added $20,711.28 11. The total amount due to Bank under the Note-1 and Mortgage-1 as of September 27, 2005 was Twenty Thousand Seven Hundred Eleven and 28/100 Dollars ($20,711.28), plus costs and attorneys' fees. WHEREFORE, Plaintiff demands an in rem judgment in mortgage foreclosure for the amount due of Twenty Thousand Seven Hundred Eleven and 28/100 Dollars ($20,711.28), plus continuing interest at the contract rate from September 27, 2005, late charges, reasonable attorneys' fees and costs of foreclosure and sale of the Premises. -2- BANK_FIN:257967-10000Il.097225 \. COUNT II 12. The allegations contained in paragraphs 1-11 are incorporated herein as if set forth at length. 13. On or about March 20, 1998, the Borrower executed a Direct Installment Loan Truth-in- Lending Disclosure ("Note-2") whereby Borrower promised to pay to Bank the total amount of $17,049.00 plus interest as provided therein. A true and correct copy of the Note-2 is attached hereto as Exhibit "C" and incorporated herein. 14. On or about March 20, 1998, the Mortgagor executed and delivered to the Bank a Mortgage encumbering the Premises ("Mortgage-2"). The Mortgage-2 was recorded in the Office of the Recorder of Deeds of Butler County, Pennsylvania in Deed Book Volume 1443, page 122. A true and correct copy of Mortgage-2, containing the legal description of the Premises, is attached hereto as Exhibit "D" and incorporated herein. 15. The Borrower is in default of the provisions of the Note-2 and Mortgage-2 for failure to make payment when due. The Mortgage-2 is due from May 25, 2005 and as of September 27,2005 was past due in the amount of$1,045.35. 16. The Defendant is the record and real owner of the Premises. 17. There has been no assignment, release or transfer of the Note-2 or Mortgage-2. 18. On or about August 1, 2005, Notice was sent to Defendant in accordance with 35 P.S. S1680A03C (Homeowner's Emergency Mortgage Assistance Act of 1983 - Act 91 of 1983) and 41 P.S. S403 (Act 6 of 1974) that an action on said Mortgage-2 may be commenced after 31 days from the date of the Notice. Said Notice further advised Defendant of Defendant's rights and obligations in accordance with the Act. A copy of the Notice is attached hereto as Exhibit "E", collectively, and incorporated herein. -3- BANKJIN:257967-1000011-097225 . 19. The amount due Bank under the Note-2 and Mortgage-2 as of September 27, 2005 was as follows: Principal Interest through September 27, 2005 (continuing thereafter at $1.4638 per diem) Late Charges Attorneys' Fees Costs TOTAL $6,484.23 226.89 60.00 450.00 to be added $7,221.12 20. The total amount due to Bank under the Note-2 and Mortgage-2 as of September 27, 2005 was Seven Thousand Two Hundred Twenty-One and 12/100 Dollars ($7,221.12), plus costs and attorneys' fees. WHEREFORE, Plaintiff demands an in rem judgment in mortgage foreclosure for the amount due of Seven Thousand Two Hundred Twenty-One and 12/100 Dollars ($7,221.12), plus continuing interest at the contract rate from September 27, 2005, late charges, reasonable attorneys' fees and costs of foreclosure and sale of the Premises. COUNT III 21. The allegations contained in paragraphs 1-20 are incorporated herein as if set forth at length. COUNT I $20,711.28 COUNT II $7,221.12 TOTAL $27,932.40 WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the total amount due under Mortgage-l and Mortgage-2 of Twenty-Seven Thousand Nine Hundred Thirty-Two and 40/100 Dollars ($27,932.40), plus continuing interest at the contract rate from September 27, 2005, late charges, reasonable attorneys' fees and costs of foreclosure and sale of the Premises. -4- BANKJIN:257967-1000011-097225 ~ By: BANK]IN:257967-1000011-097225 Br tt A. Solomon, Esquire Pa. LD. #83746 Beverly Weiss Manne, Esquire Pa. I.D. #34545 1500 One PPG Place Pittsburgh, Pennsylvania 15222 (412) 566-1212 Attorney for PNC Bank, National Association, Plaintiff -5- ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, CIVIL DIVISION No. Plaintiff, vs. BARBARA A. MORAN, Defendant. AFFIDA VIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYL VANIA ) ) SS: COUNTY OF ALLEGHENY ) I, Brett A. Solomon, Esquire, Attorney for PNC Bank, National Association, being duly sworn according to law, hereby depose and say that the Defendant, Barbara A. Moran, is not a member of the military service of the United States of America to the best of my knowledge, information, and belief. rM,,~1 /1 a/. : t ~,{! III Brett A. Solomon, Esquire Attorney for PNC Bank, National Association Sworn to and subscribed before me ut1\ (:\ t .t.,. this - I day of L\c..X...l!Y\ 2005. :~~ f)\\:cc ~;arS,P~ic My Commission Expires COMMONWEALTH OF PENNSYLVANIA Notarial Seal KeUy J. Mizak, NcWy Public CIty Of PitIsburgh, Allegheny County My CommIssion Expires May 23, 2009 Member, Pennsylvania Association of Notaries BANKJIN:257967-1000011-097225 . 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. 94904 relating to unsworn falsification to authorities, that the facts set forth in the foregoing Complaint in Mortgage Foreclosure are true and correct upon my information and belief. Darnella anaway Attorney Relations Manager PNC Bank, National Association ,*::'f'~'ti ,.;;}tc.''':<:';<;W''"';- ";;'t:;.,y,,,,,,,,,,,,,;-,,.;;:,,,;!'.,,..i:'~:~ 0;' 3 '-:'Y~o I G -~ ,;;:q~~'t~,., {) IJO!~,(Jf ~l\~ (This MOrtg~O~~~;;~~~~~~GF~~,~ Advantes)'/. {~: . d Feb. 10, 0 . The Mortgagor is :..: BARBARA A KORAK ' THIS MORTGAGE IS ma e on=' .' ' . th ord "Mortgagor" herein refers to each and all of tQem. Th~~~I'Lgagee is PNC I there IS more than one, e w RAN ""'.: ."i..",',.., ;.ro.,'.''''''.''.,:...', . BARBARA A MO.;>;"(~~~..w.". 'he word "Borrower" means.'.,. "':""'7\.. r there is more than one, the word "Borrower" herein refers to each and all of them. .y~"i~\~' j;.;-..;,<..:... ;. ;;:;. ":',;i%. - ~~:-'~-..)t,;...~:~-- ~~~~~- . .~~ Mortgagee has granted to Borrower a home equity variable rate line of credit, provid~ng fo~ a. Maximum Credit U'J1~t<t.1'@1.6!-'!\i . urn amount' of ~~;~~edne~s~~f.' o~~~~y ;~~:~~:~e~:~f ~~~~~~s written agreement (r~f:~~~~~.t:~~~:~~:~~:~~;r::~g~~~2~~~~~~ ,.~~7l~~ .1ortgagee IS obligated, under terms set forth In the Agreement, to make future advances dun~~,;~,~ Draw Period o~;~i~~~ . ,~~ h~.:f.,~~": ~f the monthly billing cycle in which the day 1.0 years from the Openi~g of t.~;:~}~1~r~:~~~~.f~~~;~...,-~~ ~hichwould cause the principal balance outstanding to exceed the Maximum Credit Umit, and is not obligatea,~.:a. ". ".' ~..~I:lt is :erminated or during any period when further extensions of credit are prohibited or suspended as provided in the Agre~rAenL.~,tf>e:.Aireement, Jiqrrower; ~~~;~~~d to repay the advances in monthly installments, with interest. The terms,,~u~~~;~~~~!R~l;;;r~ti~~~_~~l~~~mr;~$'Y, This Mortgage secures to Mortgagee: (a) the repayment of the debt evidenced by the Agreement, with interest and otherCharg~:#.provKled~er'ein; (b) the payment of all other sums, with interest thereon, advanced hereunder for the payment of taxes,assessments.~m!lintenance~Charges,.insurance premiums and costs incurred to protect the security of this Mortgage; (c) the payment of all of Mortgagee's costs of collection;'including costs of suit and, if permitted by law, reasonable attorneys' fees and expenses, if suit is filed or other action is taken to collect the sums owing or tb protect the security of this Mortgage; (d) payment of any refinancing, substitution, extension, modification, and/or renewal of any of said indebtedness, interest, charges, costs and expenses; and (e) the performance of Mortgagor's andlor Borrower's covenants and. agreements under this Mortgage andthe Agreement; (f) the repayment of the debt evidenced by any agreement which was replaced by the Agreement, to the extent that such debt is owed to Mortgagee and has not been paid. For this purpose; Mortgagor does hereby mortgage, grant and convey to Mortgagee the fOllowing described property, together with all improvements now or hereafter erected, and all easements, rights and appurtenances thereon, locattld at and known as:,,,,' , .....;.".i~,.,. . "::'-'i:':{ :~-(b\' -'it-..':'!, '::':'J:J'i:i::.o' 49 DREXEL PL, NEW CUMBERLAND, PA Recording Date of Original Deed Deed Book Number 150 Tax Parcel No. ~ 17070 CUMBERLAND Dec. 17, 1996 Page Number 753 1'3-;( S--()(iJ CJg - pi) Z 4- Lot No. N/A The word .Property" herein shall mean all of the foregoing mortgaged property. ., ,. To have and to hold the Property unto the Mortgagee, its successors and assigns, forever. however; that If .the Mortgagor and/or Borrower shall pay to Mortgagee the said debt, interest, and all other sums, and perform all covenants agreements sec'ure.<therebY,"thenthi,s.Mortgage and the estate conveyed by it shall terminate and become void. ~.., .' "'I~#,(" .~!.,<""",,)i\. , ,~;;,~".'.u., Warranty of Title. Mortgagor warrants and represents to Mortgagee that: (a) Mortgagor is the sole o~ne'r of the Property, arid has the' right to mortgage and convey the Property; (b) the Property is unencumbered except for encumbrances now recorded; and (c) Mortgagor will defend the title to the Property against all claims and dem~nds e.xcept encumbranc.es now recorded. ,. ,', ...t;(~9"'~Jkj~~~i1" "',.,. Default. Mortgagor Will be In default under thiS Mortgage upon a default under the terms of the Agreement .' j~_','.' :',: Mortgagee's Remedies. Unless prohibited by law, if Mortgagor is in default undei' thiS"M~rtg~ge;"Mo;:tg~g:~ may a .~ option, afte~"~Oti6e required b~ law, declare due a~d payable the entire unpaid balance on the sums which are secured by this Mortgage and owing un~erthe Agreement. If Mortgagee sc ~eclares such entire balance due and payable, Mortgagee may take possession of the Property, collect any and all rents, apply said rents to the Indebtedne~s secured by this Mortgage, foreclose the Mortgage, or take other action upon the Mortgage as permitted.or provided by law to collect the balance oWing. ,; .".'<:~;::3.4>~f\.1T .,;",~~~~;,.;-.~;;;;f,,{ ,.. Remedies Cumulative. If any circumstance exists which would permit Mortgagee to accele~te th~ bala~c~, Mortg~;;''In~y ta'k~' ~uch action at an) time during W~!clJl~uCh circumstance continues to exist. Mortgagee's remedies under this Mortgage shall be cu~ulati~:,:~d,'l~taltemative. Benefit 'and:, Burden. The promises, agreements and rights in this Mortgage shall be binding upon 'and benefit anyone to whom the Property or thi~ Mortgage is transfE!rred. If more than one Mortgagor signs this Mortgage, each and all of them areb()LJrlg inqividual!}' .1ln~ftogether,::";[""<,J- Delay in Enfo'rcem~~l Mo~agee can delay in enforcing any of its rights under thisM,~~, Jg~,:,:~~,.,.t,!,h,','e':P;g,,';"',', ~~, ", ~-~,'~,~. ',;ti>,'~Lrl,o;.Y~g,','.',t,h'a, tri,g, ht. An, y."w"a""i.,vel by Mortga~ee of a~y, proVISion of thiS Mortgage or the ~gree~ent will not ~e a waiver of the.s~1'~"P5.~:'t'~~isi~~:'\~:~ ~~tl~o;~,:ion. , ;<:".;~, ASslgn~~~~ :Mortgagee. ~ay sell, .transfer or assign thiS M~rtgage Without Mortgagor'\~2~~~i~F"" ~}\~,~~~~~~r'~~ '". .,~,~,., Severablllty.lf any proVISion of thiS Mortgage is held to be Invalid or unenforceable, sU~t:t~~t:1!llrf~. a ~~ talldity or enfordei3bllity 0 the remaining provisions of this Mortgage. ,.~~./ -6''''~~''''~\~'''to'!1vi - 'i'~~ ~ ';':";. ,'. . WITNE~S'tHe s'gning of this Mortgage on the date set forth above, intending to be lega~'~~:d~1~~~ ~~/ ~ :1.-:-':~':: , ~ .-- ~~ :..* .......... ~~j.~...~. ~."";., ,. ~ ' /J - lI.. ". , ~.... w..., r ,'!t( . -:. Witness , {/ Mortgagor"' -'{J.". '. - . .' .f' f -I /, , ,', "~ i.,' \, ...-',~... ." "'~. ,~.i......:-'.,c,'0..~.. Witness ..,c>.t". ,....,''''.....~'''').. K.,'''~, .~,'" ." PA Mortgagor ' -';''; ':"': ::;,.';" :.'./l>}h{", 000 0??oo131 (Rev 8/95) .. (i/r:~~l'ff:')tr~v(.,~'t'" ";. 1 ' '.;<~'.!~ ,< " ,::.~ ,,: BOOk 596 PAG[ .709 . <;~):"~~{-.!fj1f/};lt iTATE OF PENf'lSYLVANIA RL · {l. i/Vl1,,~ 12lLt~ SS: '. '. COUNTY OF l' 11Ul- ^ ", - On th" L d', of k b . ~2C:Do b,f". m~:~ .1Jrw.niI. d ff'cer (who certifies that he/she is. not an officer or director of _PAle.. . - , ),personall) the unders~e 0 I "LII -. . . d v'11ctVtL TJ 'J D/ZtJ.J-.- , known to me (or satisfactorily proven) to be the person(s) whose name(s) is (are: appeare _____ - .'. subs~,~ibedlto"tw.,within instrument and acknowledged that. h.e/she/they executed the s~~~~Or}he purposes ther 'n contain~. ,ie, . _",. 1J;l.~i.tA~~eof, I. .~.iit;~~';.- _ill .,;.' '," , "..,,,, :\1.. ...........11/~.'.""..-. Nolanal Seal. Signature...'-'.,,~ ~ !1;~,t;):1:'~1;~'~ \ \ Jennifer Conway. Notary P~cbhC ty ,'til':';'" ~ "'~,~'." (A'.T'-~ NewCumberta.nd8oro,~umber1anu oun~''a!~~'; ~ "..., ;. ~ ~-4!; My CommISsion Exp:res Sept. S, 2003 Title '..,.' D ,af.: ~1(r ember,PennsywaniaAssociaUonolNomoos " ;;:,'.c,~t~!:r~,;;~~j~~,~. ':~b$:o-~~se if. MortgagOr(~). aCknowled;~F;~:~~~~:~~~~~dR~;~~u:I~;;:k~2:~~..c~[tY~~~e~~:.~~~~:~ ~i:1Fa~ed.] '. , ..~ public (who certifies that he/she IS not an officer or director of"";""""""''''' ;'". ""'C\""'\;",.~,.,:;:;,..'''' ) pe~~~~1tV'<! d ' , ~, , '" .,' ; .the subscribing witnes: to the within Mortgage, who being duly sworn according to law, deposes and says that he/she was personally pres(mt'a! the execution of said Mortgage saw the within named Mortgagor(s) and.. sign as his/her/thei act and deed, and deliver said Mortgage for the purposes therein set forth; and that the nam~ of this depon~nt afffxe~ih~re~? as subscribing witness i of deponent's own proper handwriting. '. 'i;'.;',rt'j~~;-.:',;it'1r,i;'<\.i' " i'~.'5:"~~~,i~J;~~;'ft,;:" ',- I\""I\I"U"Lc;,UUI'.I;,,,, I .',.:l: Sworn to and subscrip~d before me this . . Notary Public I, 8AlLtv {}~~~ ~l O. . day of ,~ cr. CERTIFICATE OF RESIDENCE ;~~. ;:." STATE OF PENNSYLVANIA COUNTY OF Cv.ff\bv, ~<>."ci 55, r"> \ ~ECORD~D on this ~~ i\ day of _ "'&.tb in Mortgage Book Volume ~ ' page ~l"i1 . WITNESS my hand and the seal of said office the day and year aforesaid. 8~ ~ w 'il " < co "- '" ~ 0.:" tH.~~:;'~-_.-".: .. ,Ji Cl:J, in th~ Office of t~~'R;~~~~~ ~f O~~ds in. and for said Count ~~JjJL . Recorder - . 0 -0 "C z "Tl CD ("') c: CD ~ c: "::l ::J D> CD ~ . ::l ~ T ou>m z g~~ D> ~"Tl ~ ~ C. ~-1 ~~ go cD> D> -< ~ S > ~ >cn VI ~~ 0 l/I 0 D> c: ~ () ~ ::l ... iii' () CD (JQ ..... CD VI o' ~. e c>> ::l (JQ ~ ~ CD f" ,C) <:;:) ....,., ..,-r'1 . >CD .N ..N o -c: ;::0::0 D'l'T\o ~gca "':::0"" t;o~ l'T\ 2:::;0-" o . _ON ", -T1 - o fT1 COG? ZrT1, -\r:Ttrn -<0:;::0 I (J) -0 . :P" -u ,::3 p liS> (J.:) , Go) z c: 3 C'" , CD ,- ~B,O'Ok 1596 PAGE .710 .,. if .'_' ',. ~ PNCBANK Barbara A Moran 49 Drexel Pl New Cumberland, PAl 7070 -DateofthisNotice: July 19,2005 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on vour home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages, The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help save vour home. This Notice explains how the program works. To see if HEMAP can help, vou must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when vou meet with the Counseling Agencv. The name, address and phone number of Consumer Credit Agencies serving vour Countv are listed at the end of this Notice. Ifvou have anv Questions, vou mav call the Pennsvlvania Housing Finance Agencv 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 fmd a lawyer. LA NOTlFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE EST A NOTlFICACION OBTENGA UNA TRADUCCION INMEDIT AMENTE LLAMANDO EST A AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGlBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROG~" EL CUAL PUEDE SAL V AR SU CAS A DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA, I' HOMEOWNER'S NAME: Barbara A Moran PROPERTY ADDRESS: 49 Drexel PI. New Cumberland, PA 17070 LOAN ACCT. NO.: 040-03-048010452538 ORIGINAL LENDER: PNC CURRENT LENDERlSERVICER: PNC Bank, NA EXHIBIT ~ A member of The PNC Financial Services Group Consumer loan Center 2730 Liberty Avenue Pittsburgh ~- \ l ~ PNCBANK HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGffiLE 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 ELIGffiLE FOR EMERGENCY MORTGAGE ASSISTANCE: · IF YOUR DEFAULT HAS BEEN CAUSED BY CmCUMSTANCES BEYOND YOUR CONTROL, < · IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND · IF YOU MEET OTHER ELIGffiU,ITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face- to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCmS -- If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to- face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for fmancial 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 ofthe designated consumer counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FU,E 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 o 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): NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 49 Drexel PI, New Cumberland, PAl 7070 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 $174.13 for each of the months from April 2005 through June 2005. Other charges (explain/itemize): Late Charges for $80.00 TOTAL AMOUNT PAST DUE: $604.85 HOW TO CURE THE DEF AUL T - 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 $604.85. PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAYS PERIOD. Payments must be made either by cash. cashier's check. certified check or money order made payable and sent to: PNC Bank. NA. 2730 Liberty Avenue. 2nd Floor. Mailstop: P5-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 riehts to accelerate the morteaee 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 morteaecd property. IF THE t4:0RTGAGE IS FORECLOSED UPON - The mortgage property will be sold by the Sheriff to pay off the mortgage qebt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney fees actually incurred by the lender even if they exceed.$50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period. you will not be required to pay attorney fees. . OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. A member of The PNC Financial Services Group Consumer Loan Center 2730 Liberty Avenue Pittsburgh Pennsylvania 15222 . G PNCBANK RIGHT TO CURRTHKDEFAULTP-RIOR,XO-SHERIF.F-'S-SALE--If-you-have notcured-the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by payinl1; the total amount then past due, ~lus 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 perfOIming 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 POSSmLE 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 def~ult will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: PNC Bank. NA Address: 2730 Liberty Avenue, 2nd Floor. Mailstop: P5-PWLC-02-I, Pittsburgh. PA 15222 Phone Number: (412) 762-8048 or 1-800-878-0027 Contact Person: Beatrice Grates 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 PAYOFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. . TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. · TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE- YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) · TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. · TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. · TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Very truly yours, Arlene West PNC Bank, National Association cc: 151 Class U.S. Mail, postage prepaid CONSUMER CREJnlr&p~~rG,~~~~~~RVING YOUR COUNTY (see attached) Consumer Loan Center 2730 Liberty Avenue Pittsburgh Pennsylvania 15222 ..,:., l, '~I, !j' , ~ . . ,~ ' ". , ,~ ~ ~ ~ 1---.,,-- ! ~ 100 ~ i ~.....~- , j :;- F ~ ~ 'V o a 'V . ::l II.. en CD CD ." ~ <' DI n '< > !l en - DI - CD 3 CD :l - o :l ::a CD < CD iii CD ~d'1l~2~~ w "T1 CD~ l~l=x' o I 03 ....&lliiCll ....Ill la.a.Q.!j; ~~ S &j Cl .. 3 !I! III Oi'g ......'tJ q;::. 1:>''' 3 .. ::I oS: :Q..~-I: a. i~ ~ iil .~ ,-.,Jj>..p.o ,0)'1 ...:J O! o ~ o ....,J lJ1 o o o o N ....,J W ~ ~ W ~.,- ~lv r ..~-- lJ1! ....,J .~I ,,_,., __........L~_"._, ...w I. . J>..) I ~ ~~ ~@~ >< ~ ~:x:- ti . ~ '"d : ~~3: :::l ,0 ~ 1 ~ I-' ....,J o ....,J o If ! , I ~ o I ~' ~ 0, 0 I i i i Wi wi 0; 0 i I w o ~ en o 0 ~ o ~ o W o W W o 0 W o I f ~ . , ....,J : ....,JI lJ1' lJ1,! I N: N lJ1 lJ1 W' W 0 0 ,,....1, en ~ 01 .. ~ .. 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League of Metro~olitan Harrisburg . 2107 N 6 St Harrisburg, PA 17101 (717) 234-5925 Fax (717) 232-4985 YWCA of Carlisle 301 G St Carlisle, P A 17013 (717) 243-3818 Fax (717) 243-3948 Conswner Credit Counseling Service 2000 Linglestown Rd Harrisburg, P A 17102 (717) 541-1757 Financial Counseling Service of Franklin County . 31W3nlSt Waynesboro, P A 17268 (717) 762-3285 -, -- -----~---_.._._--- '. . c{O-7~UIU Lf)L DIRECT INSTALLMENT LOAN TRUTH-IN-LENDING DISCLOSURES Lf '(;0 ~ . . !nder: PNC Bank, National Association /0 ( Date: Mar. '20,1998 ,'OLNACS Number 7068222 \-, \,' $ (4) Amount paid to others on Borrower's benalf: ,>'., (alto, public officials $";c'";:::"':~;~:,f See Settlelent state! Ib) fo~ cred.i\ insurance ; ), $~:TF::1?~:~:~' . ,: \._~ ' .~. ~l)7;';::-'f..:, ~b' Id} to', $t:..l<1.~~. .(e}.to,';,~ ' " :~$;~~, ,~~. i-t . ~:<~, ' (0 to , " $ - . (g) to $ ''',.. .. (h) to :', : $.':' :_~:i'..~;f~~ _-. .~1-1::~0A' '," Prepaid Finance Charge $ .::,:;::;~;~:;" ;"'~' Itemization of Amounts paid by SOHowe .~" '''f'iit the time the loan is made: (1) ee e elen $ (~) $' (3) $ -: , CREDIT INSURANCE IS NOT REQUIRED: Credit life Insurance and Credit Disability Insurance are not required to obtain credit, and will not be provided unless Borrower(s) sign below and agree pay the additional cos'l~).lnsurance may be purchased on the life of one or two Borrowers. Credit Disability Insurance may be purchased on only one Borrower. If obtained through lender the cost the insurance for the 'b~ginal term of the credit is stated below. Lender may receive fmancial benefits from the Borrower's purchase ofinsurance. "Borrower" w,ho is insured may not be a Co.Maker , .~ '_ . "~-';"",~, ,Iff:.. . I want Single Credit Life Insurance which costs $ ..,. ' - -..; , . I' Signature of Person to be insured for Singl~ Credit Life Insuranfe;., .'_~. .,; , '-. ~.-,;~~~~;-?~. '7~'''. . 1. ignatures of Perso A' 'I , L t ;; Signa re ot orrower , .' Notice to Borrower(s): The maximum amount of coverage which insured Borrower(s) will receive is set forth in the certificate or policy, as applicable. lender's Single Interest Insurance: I ] No~pplicable. I I lender's Single Interest Insurance is required as a condition of this credit. Borrower can obtain the insurance from anyone acceptable to lender. If obtained Irom lender, the cost will be $ DIRECT INSTALLMENT LOAN NOTE 1. DEFINITIONS: In this Note. the word "Borrower" means each and all of those who sign below and each and all of those who endorse the check which disburses the "Amount given directly to Borrower ." ANNUAL PERCENTAGE RATE The cost of the Borrower's credit as a yearly rate. Amount Financed The amount of credit provided to the Borrower or on the Borrower's behalf. Total of Payments "\. .~F ~::~~ . The amount the Borrower will have -. paid after Borrower has made all payments as scheduled. .. ,Y .~,= ~~~r:~.~():. L.~':;' 25088.'40 FINANCE CHARGE The dollar amount the credit will cost the Borrower. 8 . 2:46 $ 8039;40 17049.00 $ $ The Borrower's Payment Schedule will be: Number of Payments Amount of Payments 120$ 209.07 When Payments Are Due Monthly, beginning Apr. '.1 L-:~;;3~: late Charge: [ J Not Applicable. I Ilf a f'yment is not'paid in full within 15 days of its due date, Borrower may be charged the greater of $20.00 or 5% of the total payment . ~f ,:'i~j'l>ii.t.." . ."". '-~'~~~..-\~:~~f~~*~~;.~:~'~;g Prepayment: If Borrower pays off early, Borrower:will~of .~a~ej9 pay a penalty. "'I!b':;,i.l~":'r:,;:,:n~' Required Deposit Balance: [ ] Not A~licable: 'J.'),.'f",!llt' Annual Percentage Rate does not take into account a!lirequlred deposit balance. . , ", :<:;~:;;~:;.';:l.:' ~~ Assumption: If this loan is secured byapwelling:someone; [ ] NorK [ ] Filing Fees $ purchasing that dwelling cannot assume the rema,inderof the ,loan Variable Rate'[ ] Not M.plicable on the original terms. ' '>E';; .H,~:'1, ..i~;;,':~;~:.o.;,:"',;~'t%,~; ''!1~! . .,., . .!~' ,.-,,!'?;...of.....,.-.~,.f'.~';:~.:-<<..'t\~O-,.. .,.)'-:-~ I J The Annual Percentage Rate may increase if the Prime Rate published in The Wall Street Journal increases.The rate 'will not increase more often than once a month. The rate will not increase more than one percentage point in anyone month and 'will not increase more than five percentage points during the term of the loan. The rate will never increase beyond 18%. Any increase in't\\e'rate:as a result I1f. an increase in the index may cause the number of payments to increase, and/or: ';':',_ '\l,~;,f;-,,;:}~',,:.'-;.1'~).. [ ] the amount of the final payment to change. The final payment will never be increased to more tha~J50i6 of tfie regul~r payment. For example, if your loan were for $10,000.00 at an initial rate of 131/2%, repayable in 48 monthlipayments of $270-16,and the rate Increased to 141/2% after 12 payments, Increased to 151/2% after the next 12 payments, and then remained the same for the term of the loan, you would be reqUired to pay one additional payment of $254.88. .'..,:. ,....',: "" "";,~ :..~"" c~; [ ] the amount of the payments to change. The amount of the payments may increase every four years.lhe final payment will never be increased to more than 150% of the regular payment. For example, if your loan were for $10,000.00 at afl Initial rafe of 13112%; repayable in 72 monthly payments of $203.39, and the rate increased to 141/2% after 12 payments, increased to 151/2'16 after the next 12 payments, and then remained the same for the term of the loan, the payment amount would increase to $227.12 for the 49ththroiigh- the 72nd payments. '. . _;:;;;:,.<:;-.~,,~-:r't:'{:i;.~;.'.i. I ] If Borrower's participation in the automatic payment plan is discontinued for any reason: the Automa~i~pay~;nl'~la; Oisco~~t15t" . -'..';" -i, ......" ...... #-:.1.' percentage points will terminate and may cause the rate to increase. Any increase in the rate win'cause the amount of the payments to increase. For example, if your loan were for $10,000.00 at an initial rate of 131/2%, repayable in 48. monthly payments of .,.d"c'_,-". . ;i " '--':, $270.76, and the Discount terminated after 12 payments, the payment amount would increase to $ .:.for the reinaind~r'of the term of the Note. . , . ,~_ ~:~ ~~~~l't{..~~::.- :;;:. See your contract documents for any additional information about nonpayment, default, any required payment in full before the scheduled date and prepayment refunds and penalties. ,'. .'C ' Security: Lender is getting a security interest in deposits or property held by lender, and: ] None. I ] ReaKEstate. I ] Goods or property being purchased. ] In addition, collateral (other than Borrower's principal residence) securing other Obligations to lender may also secure this Note. Security Interest Charges: I want Single Credit Disability Insurance which costs $ Signature of Person to be insured for Single Credit Disability Insu We want Joint Credit Life Insurance which costs $ ...-, '.-'" ," .1 ;. ~... ,. Borrower does not deSIre or is not eligible for credit insurance: Itemization of Amount Financed Amount Financed , " See Settlelent state $ (I) Amount given directly to Borrower $ '; : See Set tlelent State (2) Amount paid on Borrower's account $. ' ; (3) Amount retained by Lender for , 't~~~,~:~.,. .see Settlelent state ~ EXHIBIT >.- I C- 6. LATE CHARGE: [ ] Not Applicable. [ ] Borr~ agrees that Lender may assess a late chal for any payment not paid in full within 15 days of its due date. The late charge will be t greater of $20.00 or 5% of the total amount of the payment which was not paid in full. No Ii charge will be due, however, if the reason that the payment is late is eifher: (a) attributable l_!. _L___~ ~A~_A_"'''' ...- .. .....:.... ..................... .... ,"-, ..........,,,,.,.. .,Un,. ~nf':l"r+ hu Qn,..rnw.cr t CREOllIN~UKAN!;t I~ NUllltllUllltU: l,reOlILllt III~UI~II~t ~IIU loltUIl UI~dU"IlY III~Uldll~t 0'< IIVI "yu"'u.u uu."", v,'"". "..u ..". ..u,", ~'".._-- ....--- .........,., "0" _..." _.._ '0' pay the addition~1 cost(s).lnsurance may be purchased on the life of one or two Borrowers. Credit Disability Insurance may be purchased on only one Borrower. II obtained through Lender the co the insurance for the original term 01 the credit is stat~d below. Lender may receive financial benefits from the Borrower's purchase of insurance. "Borrower' who is insured may not be a Co-Mak ....~.'..+', ......'10'. _~ ::.~<.. I wan! Single Credit Life Insurance which costs $ . Signature of Person to be insured for Single Credit Life Insurance I want Single Credit Disabiliiy Insura~ce which c~~ts H . . ~ "b..' . ~ '-"0:- .... .':1; '. Signature of Person to be insured for Smgle Credit Disability Insurance We want Joint Credit Life Insurance which costs $ Borrower does not desire or is no~.eligible forc~edit insurance: / i,.. :;. igna re ot orrower Notice to Borrower(s): The maximum amo'untof;ov~rage which insured Borrower(s) will receive is set forth in the certificate or policy, as applicable. Lender's Single Interest Insurance:'.I-" - ] No~pplic~p'le. I ] Lender's Single Interest Insurance is required as a condition of this credit. Borrower can obtain the insurance from anyor acceptable to Lender. If obtained from Lender, the cosiwill be$<: , : 01 REeT I NSTALLMENl LOAN NOTE', <;> '.: " "'. 6. LATE CHARGE: [ ] Not Applicable. [ ) BOff(~er agrees that Lender may assess a late ct 1. DEFINITIONS: In this Note, the word "Borrower' means each and all 01 those who sign below for any payment not paid 10 lull within 15 days of its due date. The late charge will bE and each and all of those who endorse the check which.~isburses the 'Amount given directly to greater 01 $20.00 or 5% of the total amount of the payment which was not paid in full. Nc Borrower.' < _~:.,~:v.:;l ,"'.,:<_f;.jt:;:;. ' ,'i,., charge will be due, however, if the reason that the payment is late is either: (a) attributat The word 'Lender" means " ,. PNC(R~~k' National AssociatibHte charge assessed on a prior payment; or (b) because, after default by Borrower or any person to whom this NoJe has beelf1~1JSf~rr~:--;,'~, <;!:.~ .,...., . ". eniire outstanding balance on this Note is due. No more than one late charge will be imp ,""' '. .;' .~w>:. St:", ,,; . for any single scheduled payment. 2. BORROWER S PROMISE TO PAY:Iorepay)hls loan, Borrowerpromlses to pay to Lender 7. MONTHLY PAYMENT CHANGES: $ 17049" OO~;';);;,:c!will) inter.est onthe unpa.idbalance fr~m.the date funds are ! ] The~ayment ~mounts will not change over the term of the loan except as stated il advanced until paid in full. Interest shall be paid at the r.atfper annum of.,,;, ~ ~ It:I Payment chedule. Borrower promises to make payments in accordance with the ~ayment schedule stat ~'i ffi~ [ I The payment amounts may increase if Borrower terminates participation in the auto Note. Borr~wer promises .to p.ay to Lender all other amounts which may be~me due under the payment plan. Lender will determine the amount of equal monthly payments that would be suff terms of thiS Note, including, If appl.lcable, Late Charges and Costs of CollectIOn. Bo~rower agrees to repay in lull, by the Maturrty Date, the unpaid principal balance that is expected to be due c to make payments at the place deSignated by~en~er. Borrower may also be required to pay t~ payment change date. at the interest rate in effect at the time the calculation is being made. LI Lender certain other ~harges ~ef~re lender wlll.glv.e any money to Borro~er. These charges, II '11 not! Bo ower 01 the new amount of the payment which is due any, are stated above In 'ItemlZationofAmounts paid by Bo~r~weratthe tlll!ethe loan IS made' WI I Y rr. . . and/or in the Settlement Statement,,;, ::~~:,;".,.., .k,#.;,.,.,...;~!,.'i~F',-i!".',;~1,~.,:,';',,'. ,','''\1,.1', .,. [ ) Changes m the Interest rate may cause the number of payments to change and/c , , ,,'.' ,.;,&;;,H,,,,~,~'M;'~i'~4;i<'" '~~;' '."... amount of the fmal payment to change. One month before the Matuflty Date, If necessar~ 3. PA~MEN.! SCHED~lE: Borr6~~~a~ree~~!O~~t~0~~e,p.~~~;~~~:~:.~~~,~~der>t~ls Note: number 01 payments due will increase so that the final payment will not be more than 151 [ ] In UfnterruPtedmo,~~h.IY paY~rf~l!~~/3f~~~~~$.~t.4i#,l" 209" 07 the prevIOusly scheduled monthly payment and a final payment, which will be,b'jllepJ)'Je.~ger,; ofa1.lJemalOing unpaid amounts. [ ) Changes in the interest rate may cause the number of payments to change and/( Payments will be due on the ~ime:~~r.~re~tf~o~nThr~~,~g ~41l.;;:~';-APr " 25,'1 trnl~t of the payments to increase; the first change in the paymen.t amount may occm Payments will continue until all amo'unts due arellaid;;'"-?",(;,,,..c ,','r;, crrte. ~8 mon.ths after the due date of the first monthly payment, subsequent chang [ ] i~uninterrupted~onthIY paymen~;'eite~ll~lifh{iri;nt~~ ~hci~~~~;:'~.. ."'. payments ~~~~I,c~~J~;;!~eO~~~~ ~r~~Yc~~~~~~; ~~~~egae~r~n~~'r ~~I~eC~~~~I~; ~~lrie~~~~~I:~; ~~ of $;( anq.a finatpaYrJlen~ which will be, billed by thetender, of all The payment amount maY increase b:Jt will not decrease, except for the final payment. l remaining unpaid amounts. pay'ments will be'due.on the same dayofeach month starting on will determine the amount of equal monthly payments that would be sufficient to repay i , PROVIDED HowfVEf1hat .ij'p~Jme~ts shall be due during the by the Maturity Date, the unpaid prinCipal balance that IS expected to be due on the pa~ .' ,~'." f .;>;;i~::)\;,;..;.f:":'~li .4< ',d. change date. at the Interest rate In effect at the lime the calculatIOn IS being made. Lend months of,.t.".~.(~~;;;o.., !'~'.c.~;~"~,,;":i" nollfy Borrower. of the new amount of the payment which IS. due. One month befor or each year'!!t.'..\),,?, . Matuflty Date, If necessary, the number of payments due will Increase so that thE ) in a single paymentol $,-~' r~ttt:;:'tk~i".ft;>~;~\".PIU~ att~u~~ interest and all other payment will not be more than 150% of the previously scheduled monthly payment. amounts due on ' . ,,"-~1:~l'-"-:;~>'.liI"'~]..~~.'i"3:t . 8. THE ADDITIONAL PROVISIONS ON THE REVERSE SIDE ARE INCORPORATED HERE I ) In addition, prior to the rhontli of the first'scheduled payment as stated above, interest PART OF THIS NOH. BORROWER ACKNOWLEDGES RECEIPT OF A COMPlETElY FIll shall be payable monthly on the unpaid balance arid shall. be due on the same day of the month COPY OF THIS NOTL BY SIGNING BHOW. BORROWER AGRHS TO BE LEGALLY BOUI as the later payments. d, ':(''':''~1.c'",,;iW,~;..;E~''~*,~-i'~'L';';:, '.., '. All THE TERMS AND CONDITIONS OF THIS NOTE. Each of the Borrowers guarantees It The date that the linal payment is scheduled)n.this,par~graph to be due is called the 'Maturity signature any Borrower is genuine. Date' of this Note. . .',1:<;, 'nj'S;j:4t~if1;,..".~..;-?,::" , . 4. VARIABLE RATE:! ) NoM\pplicablej;iF;'\] T'helnteiesl rate on this Note may change based on changes in the InterestRate Index; See the 'Changes In Interest Rate' section on the reverse side of this Note.,;.; ':;~%i~'.;.t .:,; '. . . ., '.Y;":!liY' :.'!t",':':m:... ',- ,.., ,,; . 5. AUTOMATIC PAYMENTP,LA".;:Jj.),Not ppli~ble~1!~'c~,,] ~r~wef authorizes Lender to deduct the payments on thIS loall Jrom Borrower's deposit account number . ..'- '-'0 ,~....1'::;,2'-"'-5-'\:?i:~,~~>.,'.'~'~_'_V'"- 7--~'. '_. 508036092!l eac~s,c~~~!e~p.i>:,m;r~~Ul1.~at~. The Interest rateon this loan may increase by ,0 Oo~rcentage;porr'rts'rAutomatic Payment Plan Discounf) if participation in the automatic paymerinllan is~discoritii1Ued for any reason, including: (a) if any Borrower chooses to terminate participation;'lb)-if the deposit account identified above is closed; or Ic) if there are not sufficient funds in 1he'account to. make the full monthly payment on three payment dates. " _' .,.: ,...::~"'./..; ",. ".. ';~':';:_"~-~ -~ : .>:.i,-:.:....~ L / BARBARA A MORAN 71&1 ;{ 1(d." 2!zeJ, Borrower D 9. CO.MAKERS-SH NOTICE TO CO.SIGNER ON THE REVERSE SIDE: Any Borrower designated as a Co-Maker agrees to be equally responsible with all other Borrowers payment of this loan and performance of all promises in this Note. Co.Maker c NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION 000 '0000"" .. "~~ ' "..' Co.Ma ker ORIGINAL ADDITIONAl. PROVISIONS'"" ',Tf:';~"';1 '. ;~;I!\r~GES i:< ::jifiF.EST [;,iUF.: If the Iii \ rde Oil tillS r'lcte (:';;1 Lhdilg~ ba~eu on 19. RELEASE OF SOME BORROWERS OR SOME SECURITY: II there is 11I!J1'~ .,,~ ange~ lil tll~ !;i!C1tSI IUe index ("lnde'" i!'f! rate wil! be ur;terrrllned bi' :JcJding a Borrower. each agrees to remain bound by this Note, although lender may r/2;j5~: .illY largin" !:~tl1e ::It!,]X TliL' Inaex may chan~(: {lorn time to time, the Mar~in 1'1111 rEmain other Borro'/{ef Qr;f.t!~aseJltwbstil~W~lJY.iR~9flertY..vt~L~tJis~~~ity for the it':pc/!:"iii e ~;;n;e ":: It!t: ".!!:> 1.'1 ?jJya,iL The int~r".,:::;e slai~d ,i~. "['OIIO:'.cl , Proi1i"e tD Pay' 01 this Note. Borrower waives iIll defenses based on sure{yslllP and impairl:i2nl,'f the "l~d5l~ '\..)1t." lrte t3d~e R"te was ttl!r,.:tt'f1 by iiddlllg the r,1argln to tlie oflElIlal collateral or security. . ' "" ' ! .;' . '... . ds'. ..;!1,: ,:10:'11 ,; b'JrrnWl:i!:; pMlicipatin~ i. :ile Jutomatic payment pian. subtlacting 20. SECURITY INTEREST CHARGES: Borrower agrees tnpay any recording, filiil~. e Drnc'~i1t of the f;uiomclic Payment Pl... Dl~.ccunt. Inlere;,t rilte adjustments are satisfaction and encumbrance.fees~which may be charged. the charges are to repy Imputed by a0dm~ t!w Margin to the CU:'l':11 Index at the time of the adjustment lender for the fees paid to public officia1s to protec(cQntinlJ!, or release any secur,ty ubJec. to Ihe 1:lnitilt:ans described below) ",'.I then, if Borrower IS partlCl~ahng In the interest given in the secujity agreement or ~ortgage. '.:.~"'>. ,. . " . Jtomatic~ayment plan. subtracting the cmount 01 the Automatic Payment Plan 21. PREPAYMENT: Borrower:may prepay, III full or ,"part, the amount owed on OllS iscount. The i'1terest rate on this loan may be adjusted monthly. on the first calendar Note at any time without penalty. If Borrower prepays the loan in part, Borrower agrees ay of each calendar month. beginning in Ih" month after the funds are advanced. The to continue to make regularly scheduled payments until all amounts due under this Note Idex IS t~e highest Prime Rate published in the "Money Rates" section of The Wall are.1Hl1Q . - '1 treet Journal for the last day 01 the precedlngcalendarmontn Which is reported. If the 21: Ift~~DER OBTA{NS A~st~~~lfY~~ERESHO~EdRl[ B6RROWE~'S PAYMENT lflex. or the information on which it is base:'!. shall cease 10 be available, Lender shall OF THIS NOTE, BORROWER MAKES THE FOLLOWING ADDITIONAL PROMISES TO elect a new Index which, in Lender's sale opinion, upon a reasonable basis, is lENDER: (a) if property insurance is required by a niortgage and/ofsecurity agreement omparabie to the Innex. The annual intele,t rate will not increase or decrem more securing the repayment of this Ncite,ah-d/or itfloodTrisimince isrequiredby federal law, lan one oercentage point in anyone calendar month, and wil! not increase or decrease BORROWER MAY OBTAIN T1:l~ IW'IIRANCE FROM ANy'QNE OF BORROWER'S CHOICE lore than live percentage points during tile term of the loailfdue to'changas.nA the subject to lender's reasonatl1~; ClP'j;foV'aLlf flOod. irisUb\~cl! - is required, Borrower has ndex. (A change cau~ed by termination 01 Borrower's participation in the automalic been separately notified'..ThejJ.@)(\rty" irisOra~ce m~~ .foverloss_ of ~r9~mage to the layment plan is not subject to the limitations set forth in the previous sentence.) The collateral-and must bem an aJl10unt suffiCient to protec1lender s mterest; flood ,nnuai interest rate will not exceed 18%. insurance must betlfthetype'artdif1the arnountlequir~ by federal law; (b) Borrower .1. COMPUTING INTEREST: Interest is chMged on a daily basis, according to the agrees to provide Lender evidence ofirequire<finsurance. All policies must name lender lutstanning,balance subject to interest on cad) day of the loan term. The daily interest as a loss payee/secured party and must provide for at ~st' 10 days written notice to ate is eq'[[al to the annual interest rate in elfect on that day diVided by the number of lender of reduction in coverag~ orcancell~tio~; (c)ifJ~~rrower fai.ls to keep in force the lays in that calendar year. Borrower agree~.that because IIlterest is calculated on a required IIlsurance and/odalls.to provldeevldenC'e'l'lfsuchlllsuranceto Lender, laily basis. late payments will result in ad(j:iional interest (and. if applicable. a late lender may notify Borrower that;l30rrOWer should- piJrchase-the'reQuired<insurance at ;harge); eally payments Will result in less int~rest being charged. If the IIlterest rate on Borrower's expense. If Borrower fail~,to(!ufch~se the insurance within the time slated in his Note ....ill not change becau~e of char:;Es in Ihe Inde~. (seethe "Variable Rate" the notice and/or fails to provide' evidencepf~u~h if1surance to Lender, lende~ may ;ection). early and/or late payments will Ctuse the amount of the final pavmenl to purchase insurance to,protect lender'sinterest,.f~ the. extent permitted by ,ip~i!cable :hange. If the interest rate on this Note con cllange because of changes In the Index law, and charge Borrower the cos~ of the premIUms 'and any {)theramounts ,_ender [see the "Variable Rate" section), early and/or late payments Will cause the'number of incurs in purchasing the insurance.lHE,lNSURANCE:UNDER"PURCHASES Will BE payments due, the amount of the payments I:f the amount of the payments is subject to SIGNIFICANTLY MORE EXPENSIVE AND MAY PROVIDE lESS COVERAGE .THAN change every 48 months) and/or the amour.t of the final payment to change. INSURANCE BORROWER COULD PURCHASE OTHERWISE. UjJoridemand, Borrowe( 12. AP PLICA TlO N OF PAY M E NTS: lender will apply payments in the following order of promises to pa, y lender the cost, ,0, fi,nsura, ,nce P, urcti,a, sed, an", d other amounts incurred by. priority: interest, late charges, fees, and then prinCipal. AU regular payments will be lender. Borrower agrees that Lender.may, if permitted by applicable law, add the cost of applied to the satisfaction 01 scheduled payments III the order In which they become due. the insurance ~oJhe amo.u~tsori X~~i~inte, r~t,oiS:Charg~ at ,.the rate provided in this 13. RETURN CHECK FEE: Borrower agrees that Lender may mess a fee of $20.00 if. Note. In certalll state~, the, ~eQu!rep'insu~ance.l'I!ay ~e obt~lIned through J hce~:.ed Borrower makes 3 payment with a check that is returned by the drawee for "not msurance agency affiliated ~ith, ~etJ.9~rqnlS~g~nCYWlllrec~lve',a, fee for prO'.'ld:ng,the sufficient lund,;" in the account on which the check is written. reqUired lIl~urance. In.ad~ltlon..~~naffilia!e ,w.ay be responslble.for ,s~me or all of the 14. WAIVER BY l.ENOER: If Borrower has made or makes in the future another loan underlYing rnsurance:nskS'and mayrecelvecompensabon for assumlllg such f!sks. If agreement with lender. lender might obtain a security interest in the principal dwelling additional informatio~','.is;:req~ire(j,~Oi1c~ming,j,n, ~,urance.or our affiliate,arrangements, of Borrower or someone else to secure that other loan agreement. That secunty please contact Centralized CUstomer AsSistance; 2730 Uberty Avenue, Pittsburgh, PA ~agreement may plovide that the principal dwelling secures not only that other loan 15222; (d) to pay antaxes~dueo?iJljfcollater~I:.Jf'Borrowerdbes not pay the taxes, agreement but also all other loan agreements of Borrower With lender. Lender waives lender has the option to pay t~e'1a~e~.Upofi.1~eniand, Borro~er promises promptly to (gives up) any right to claim a security interest in the principal d,';elling of any person to repay to lender anYi\mounts pald',by Lehder, f.oHaxes; Ie) If Lender gets a security secure Ulis Note unless the security interest IS speCifically given to secure thiS Note. interest in stock' or securities,the-lialue oflhe collateral may become insufficient to 15. INTEREST AFTER MATURITY AND JUDGMENT: Unless prohibited by applicable protect lender. If thafhappens.~Borr{)We(ilgrees)Q'deliver to lender additional law, interest <it the rat.:; provided in this t\ote 511311 contlllue to accrue on the unpaid collateral whitft lender believes will5e enoughlo protect lehder;(n to allow lendEf.the balancs lIlIt:l p:ld In full, even atter (whether by Jcceleratioll Dr otherWise) maturrty right to inspect the collateral atany reaso~able time, and to maintain the collateral in and/or If BorrO','!u becomes a debtor in 0;1 "ction filed under the Bankruptcy Code good conditioriand repair, reason~blewea'fland'tear excepted; 19) If amounts ore and/or if iuitgrii~iii I~ entered ar,ainst BOf!'J''!~r for the a mounts due. If dt any time advanced by Lender under this Note fortaxesand/or.insurance, lender may. 3t its interest 3S provpjcd for In tlris paragraph is not perrnlited by law. mterest shali, m that option, if permitted by applicable law, add the.amounts so advanced to the out~t3nd:ng event wd at t!l,Jt lime. accrue al the hi~hbt rate allowed by applicable law. If the balance and require repayment with interest by in'creasing the installment payments so intere:;t rate on thiS tJote can change, the 1"lmst rate which will apply beginning on that the outstanding principal balance is repaid in-fulHn substantially equal installments the dilte a laWSUit is filed by l.ender shali be the interest rate in effect on the date or the on the due date stated in the payment schedule; and (h) Borrower's promises made and interest rdle stated in the "Borrower's Promise to Pay," whichevEI IS less. lender's rights set forth in this section shall not merge with any judgment in any legJ! 16. DEFAULT: (A:; used III this paragraph, t!lf' term "Borrower" Illcludes Borrowers. Co. action and shall apply until all amounts owedi\re,paid in full. . >' . Makers. GUaldiliors. sUletles, and any owner I..: property which is secuflty for this Note) 23. lENDER MAY SIGN BORROWER'S NAMf,JO.\NSURANCECHECKS:Borrower bives Borrovler wlil be III default: lender the righ(to sig'ri"1forrowerf"name~on any~-!:heck of.~raft froni an insurance (a) if Borrower does not make any payment b':lore or on the uate It is due; or company. This is.lif11ited l~ a '<;!leck or draft in paymentofreturned premJullls or benefits under credit life insurance or credit disability 'insurance, insurance covenng (b) if [jorrower fa!I~'lto keep any promise made in this Note or deliwlts on any other property which is security for this loan or flOod insurance. This means that Borrower note, iean or ilgreeme~t with Lender; or appoints lender as attorney.in.fact for Borrower with the full power to endorse checks (c) If anyone who ~Igns the secuflty agrrrrnent or a mortgage securing thl~ Note or drafts. c, ;"',/', .,_, ," ',,_ , . breah any promise made in the security 3?,II:ement or mortgage, including but not 24. COSTS OF COllECTION: If lender files su~or takes actionJo collect this loan or limited lu Ihp. prollllse not to sell, give away or transfer title to the property which is the protect the collateral or the lender's security interest in it, Borrower agrees to pay subject o! the f1JoI1;;age or securrty mteres\; ur lender's costs and expenses to do s6, if lender is permitted by applicable law to r'!Qulre (d) if allY proDlr!) in \','hich Lender has Ol'~::;;iled c.security intere"t to secure tillS Note Borrower to pay those costs. Unless such action is taken in Ohio, this shall include is lost. ,Iokn (and 1Il'1 recoveled Within a rEC:~"lable time) 01 destroyed; or reasonable attorneys' fees and expenses to the maximum amount permitted by (e) ii rorru',';er !;:;s made any untrue 512h':11ent or IIllsrepresentatlOn In the credit applicable law," ',y".. ;,,;c ,,:i~: '::...... dpullf. ;;,1:)1/)1 cllY ulller certificak or docun;": s'VEI) or If1Jde /;.lr ilil:' loan; or 25. SECURITY INTEREST IN DEPOSlTS:The Lenderl1lay set-off any amounts due Jnd (0 UP,;1l Iii<' oSofh (1\ [3orrower or anyone ,': ::lem, If there is 1l10re than one. ur unpaid under this loan against any of Borrower's money on deposit with Lender. This {iJ! 12.;;,;,,'"( ,'!V,it:CS l.elluer With faise Ini":I;;;;tloil or forged s![l'atu:es at Jny [,me: or includes any money which is now or may in the future be deposited with Lfr.rJf;r by (il\ If (: CU',lrt ,,'..111 proper )urlsdrcllon to de '.1,' finds tllal BOllo,:el, or anyone ut them, Borrower or with any co.depositor, including Borrower's spouse. This also inC:lId~s 'my IS iIIcJj,oci:c:"': LI liilo:l1petent. or property, credits, securities, or money of the Borrower, which may at any !lI]l'~ be delivered to or in the possession of the Lender. This may be done without "[')' "''1or , il) II Lt'1<!~' ':1 ,loud :.Iilh believes that II',: :':llspect of 80rrO'.'.ers i1dYIll~ tl'IlS Note is 1I01lce to Borrower. !~ ", 1I11\)3Iil'" B . h' f B ' m:ifs ., ' . II' ' . '.'".'j'.'I',..,' bo"',';,,,/)/,," ','..1'. 1,1..,.' t.).,l,2 '.I';.~II be 26. ASSIGNMENT: orrower may not aSSlgn or ot erwlse trans er onc'.';,'! /; ,\ ',Ii. .:1l' :'f':,ire UI!' '" ~ - C - under this Note to anyone else. lender may sell, transfer, or assign this Nnfr: . "'.'1 "II;" ":::'i! i!',., Len'" . 'i' ..~iil::~~.rF~:! ,",11');1, ;::1. 2r,:,: i1i';ICe security agreement and/or mortgage given to secure this Note, and Borrc.. . ":iis . r1:.j" and ubligations unde~tttis.N~te will..con.tjAu~8e,hanged. u(~; ii'B~;;~~~; d~;;;~'~a~(jny. payment before or on the date it is due; or com pa ny This is IlInijed to a check or draft in payment oj returnt'd r,rt!:. " . .. benefits under credit life insurance or credit disability insurance. insura'nee , ..' (b) if Borrower fails to keep any 'promise made in this Note or defaults on any other property which IS security lor this loan or flood insurance. This mea no tilal j,,,iil! notr,.loan or agreement witb LendE!r; or appoints Lender as attorneY'in.lact for Borrower with the lull power to endorsp l~!' (c) if anyone who signs th'e' security agreement or a mortgage securing this Note or drafts. breaks any promise made in the security agreement or mortgage, including but not 24. COSTS OF COLLEC1l0N: If Lender files suit or takes action to collect thi:, ill.!' limited to the promise not tosell..giye :away p~ transfer titleJo the:.f,rope.rty which is the protect the collateral or the Lel1der's security interest in it, Borrower agree', t.) subject 01 the mortgage or secunty mterest', 0(' ".:".;.. .: ...~. Lender's costs and expel1ses to do so, ilLel1der is permitted by applicable law III I"'.: (d) if any property in whichlenderhas obtained:a security interest to secure this Note Borrower to pay those costs. Unless such action is taken in Ohio, this sh~11 11': is lost, stolen (ano not recovereo.within a-reasonable time) oF;destroyed; or . reasonable attorneys' tees and expenses to the maximum amount pernll\b: (e) it Borrower has made any untrue staJement 'or misrepresentation in the credit a pplica ble law. application or any other certificate or document giv~n.or.made for this loan; 01 25. SECURITY INlERESTIN DEPOSITS: The Lender may set.oft any amounts du.' (n upon the death oi Borrower {lr any oneo'Pl them, if there is more than one; or unpaid under this loan against any 01 Borrower's money on deposit with LEn~'1 (g) if Borrower provides Lender w~hfalse infiiimati'on:6r forged signatures at any time; or includes any money which is now or may in the future be deposited willI I!. ,1;. (11) if.3 court with proper ju'risdictlonto doso,finds.that Borrower, or anyone of them, Borrower or with any co.depositor, including Borrower's spouse. This also lIli:'iC' is incapacitated or incompetent; or' ; . ~;. property, credits, secufltles, or money 01 the Borrower, which may at any :1' (i) if Lender in good faith believes that the prospect of Borrower's paying this Note is ~;\ii~~rf~ Bt~rr~wl~rthe possession of the Lender. This may be done without.. impaired. ' ,. '." '. ,.,}..,,}' ....:"'.. ,'~~:: ~."'.'. . If Borrower is in delault, the entire outstanding balance on this Note shall be 26. ASSIGNMENT: Borrower may not assign or otherwise transter Bonc':.'" immediately due: at the optio~'QfJtfelenQ~r: This will happeQ'rwithout any prior notice under this Note to anyone else. Lendermay sell, transter, or assign thiS N;l\l' to Borrower, or flgh\ to cur(except as may jJe reqUIred bylaw...:. ,." , security agreement and/or mortgage given to secure thiS Note, and Borr".. B " '11 I b' . del It ,. .'.,;,' "c. '. :",c" ','~1'-'- : ", " ' " . "....1 ~ aoo9bilgatlOns und~L t~l& Nete wIH1contlfluew.lr.hanged. o.rr?wer WI a so e In '. .a~', ':'e0,-':;,; . w' k...... ;'. "/, .n' i7. 'cUSTO'MER INfOR'MAtioN: io'serve itS-customers promptly and ellici,'q Glll Borrower becomes mso~v~nt,,~nd/o~ca!1not pa~.~o.[r,~1(~r,.s de?ts as they become Bank Corp. compallles share customer transaction and experience infOrnlil\i':or: ;': , due, or .' .,;"": (:: .'. ,.:.;.~ ':if~~,,~ ,-.,;, ;..:, '., a central inlormation system. PNC Bal1k Corp. companies share other Cu~.:c (k) If any other creqltor tnes .bylegal process.Io,.~<lke aQY money or~.[operty of information directly and through a central database. It Borrowl:r doeS' UQ\ WJ\I\ \., Borrower In the Lender s possess!o~; Of ;,:, h '/'::' '.''''''j,';;' '. . ,. , to share this other information, Borrower should write to Lender at PNC Bank, H). (I). if Borrower files a bankrupf~y,petition or!l .~nyone files an, involuntary bankruptcy 1'96066, Pittsburgh, PA 15226. Borrower shOuld be sure to include Borrower':; , aga,ln,st Borrower; ~r ":.:;"';'-"td..?"iI'i''::~'. ,,<';i,,~"l:<.,'f" "". address and Direct Installment Loan Account Number. (m) if Borrower makes an ~ssigqmeht fQrtJ:l~;:b~fl~[Itbftreditors, or, any insol~ency, 28. HEIRS AND PERSONAL REPRESENTATIVES BOUND: The provisions 0111i, ' reorgalllzatlon, arrangement, 'debt adJustm~nt. reCeivershIp, trusteeship, liqUidation or shall be binding upon the Borrower, and the heirs and personal represent3tivC' u other legal or equitable proceedings are instituted.by or against Borrower; or .' Borrower. (n) if any judgment, tax lieri,"nlunicipafch'a'rgeorlax'I~Vyls'fiIed' or writ olexecution is 29. MULTIPLE PARTIES: II there is more than one Borrower, each agrer': i issued against Bor~ower: '.' ::~;"~.'1;~:~:.1;.':'\:''''~h:t('i~~1;'t *\':, ">Y'" responsible to Lender, individually and together, for payment in full of lhl~ I If any event descnbed In 0). (k), (IJ.(ml or"{il)'fia '" ./t~~.,enl'ire outstanding balance Borrowers agree that payment 01 all or part 01 the proceeds of thIS Note \) onthis Note shall be.irnme~iate!Y','du,eytith,,20.a9t.!'JJ, . 2,r,:ilgb,'~eJo 8, orro~er, or right to Borrower, or to anyone else at the dlrectron.of any Borrower Will be the eQl""oli.:1 cure, except as may be requlrl!<j,by law;~:""'4';c1"'~t2?~tf. ";.,-:<'" " payme~l to each Borrower and for the benefit of all Borrowers. , A default by Borrower,.on{his NQte1Sa default onever'j other note,loa,n or agreement 01 30. GOVERNING LAW AND COASTRUCTION: This Note has been accepl~d b) LL Borrower with Lender.-','" ;,9~~~10~A;'.~;(~-~~~i-"::rr~.tf"'}?" >. " in Penl1sylvallla and all loans shall be e,xtended by Lender to Borrower in PI'r.?,'~:: 17. GENERAL WAIVER PROVISIONS:1!O[fOwenVawespresentmeilt for paymenV Regardles.s oJ the. state of Borrower s reSidence or the place to wlll""l '1::( demano, protest, notice 01 ~rotest disnonor'and all other notices or demands 10- submitted an Clpphcahon, Borrower agrees that the pruvlslons 01 thiS tkl!: ""..', connection with the deliveD';:icf~ptanCe..P(rrforinance, 'defaulfbr enforcement of this rnterest, charges and lees shall be governed by and construed III 0(1:," Note. Borrilwe1' further waive~anl right!o'-reQuiredLie diligence in collecfionby Lender. federal law and. as made applicable by federal law, PennsylvalllJ !., lB. DElAY IN ENFORCEMENT:"t~ndefcan' delay ertfllfcinfany'rights under this Note preempted by l.ederallaw, other substantive terms and pro.vlslons sll~1! bE r: ,.' '; withoullosing any'rights:tender'-slailurato'enforce any right under this Note shall not and construed In accordancewlth the law of Pennsylvania, procedurall1ldiL~ ' " act asa waiver oflhat rigl1t'ofprecltJoetfie exercise of that-rightin the event of a future to the enforcement of the obligatIOns eVidenced by the Note and matters H"':-'! " occurrence 01 the same event' tenoer 'caJ'l'at~o e~terfdthe.time allowed lor makil1g grantll1g, perlectlon and enforcement of a secunty Interest securing thiS NI..:' I, payments, and such extension shallnol affecUne obligations of any Borrower, whether shall be governed by the laws of the state where the enforcement, gl ,:til or not that Borrower is given noticeDf theextension;\'.--ii':,?,'J,::..:.;o:" ,.. ," per1ectlon takes place. DIRECT LOAN NOTE IN[jEf'Tfi~~ii'd~i'is'fo;;:'o~ve-;;:~Po~iiy interest rate..................................................l0, 11 ience and reler~nce,.lt shaIJ)1~~llmi~il'fl~anHig.Pli.\,..: ,.Defa ~~...........:..:~................................................ .............16 scope of any paragraph or sect!Pn.Tfi~'numbers refer~,,' DefinitIOns ..:.....:..^............................................................1 to the paragraph numbers!lf ~~i~~~~~~S~.;t\.).".;.*;:~". Delay !n'enforcem~nt.............................,......................18 ,,'" ., , , ;;f.c,1;',"'.JiIB,i'~~.,,.~!'~.;~: DeposiL.:...::.....,.:............................................................25 Acceleration 01 the outsta~pin~'~~~rice,:.;:.;:;;;/.,;.i16;.;:';:: E~rly payment ................................................................21 Application of payments ..:::7.:::.:~~--:::,..~-::-~:..!~.:.;::...'.-d'4;;: Finance charges ................................................4, 10, 11 ~~s~~~.~~~i~~:::.:::::::::::~;;:.::;{~~~~ii~:~:~::~~,.;:..;$;:~~'~~~~r~~~~ rl~~~.:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::~~ Autorrratlc payment plan .....;,.~.h.,.~h.~~:,~.....;...~.,jf~'J.! ,Helr~, ~~~h\'~...... ............ .... ........ .... ............................28 Borrower's responsibilities ;..k:i;.,.~;~...~~';}L.....2, 16, 'Lf:, tildex ........:......................................................................10 Changes in interest r3fIL:.:.z~~>'"~t;;!.f-..A;.7;.1 O;)'Sr/'.'lnsurance checks ...............................,......................^:23 Closing costs .::...:::::....';..::.,:::;;OH':::..;:::;:t~:,:::::.:.::.:.::......Z -Interest after maturity and judgment .........................15 cOllate~al..............,...;......:~'/i~if:'.::--~.:~~~-i,;..tlf: 2f;~25::~c Interest rate..............................................2, 7, 10, 11, 15 CollectIOn expenses ...,."..,,._.,..," ',..~, ,"",:I>2'>'~:,2", ")~,"",,.,.,,Late,,charges ..:...,..........................,....................................6 Computing interest ..!.:.:.:.:...:::.:':: _~;..~;!:;.~;~L':::n'.",:< te~al fees ..:...::::......,......................... .........................2, 24 ~~~~~~~t~~i~;~~iji~.~~:::!~?~~S:7!?!~~!.~~:~?E~;Tr~;~j~;,:\t:~g~;{~ighi't~'~~d'~'~;~' ~h~ ~'k'~ .::............:...~:....:::::::....:..:::....:21 Daily ba~ance..........................::::u:i:1:..:.;:.~.:~....1 0, 11 _, Ma~gin ..........................,................................................10 Monthly payment ................................................ Monthly payment ch~nges .....,............................... Multiple parties .......................................... .......... ...... P a I' me nt a p pi i cation........ ................. ....... ..... ..... ........ Payment Due Date ..........................:........................ Payment Schedule ................................................... Personal representatives bound ............................. Pre pa y men t ............... ......... :..,.. ,........................... ...... Promise to pay........................................................... P roperiy insura nce ..... ......... ......,.... .......................... Release of borrowers............................................... Release of security...................:............................... Remedies........ ........... ................................................ Return Check Charge ......................:..:,.r..'..<............. Security interest............_.r....:.........:.:...:..........20, l Security interest charge~:..:.:.................................. Security interest in deposits .................................. Va ria ble rate...................................... ........ ............... Waiver ............,.......................................... . . .' NOTICE TO CQ-SIGNER ; 'You 2re being asked to guarantee this debt.Think carefully befure ~ 011 do. If the Borrower doesn't pay the dellt. ~ Oll .,., ~~; i~" \ : Hi:' surf .rOil can afford to pay if )00 have to, and that you want to accept this responsibility. \ You nlllj have fo pay up to the full amount of the drl:1 if tile Borrower docs nol pay. You may also !Ian tl; P;l: hir 1,'( : (o:h,<:tion costs, which increase this amount. " \ Tk Lender' can collect this debt from you without first If' illr t\l rollrr{ from thl' Borrower. The l.el\drr C;J.n W,'. ii.. !l('Oll"",,'i;;n nJ:,thods against you tbat C3J.1 be used against fhe Borr"".rr, curh as suing ~'(]u. ell'. If this debt is neT ill dc!aL'l!". ILl:. :;:.:.,:tnt a part of your credit record. ____..,....__.~__._._..__ ______..____________.___r ~_.. ,.\ \' 0 \/J ~L((j- (- (SUI U 1../ L ;/(:.I.C "'-H' <'C~~~ti.E~d) U ,"tHIS MORTGAGE is made on f? ~ Mar.19 20. The ~rtgagor is BARBARA A KORAN If th~re is mo;e th'an one,'the word "Mortgagor" herein refers to each and all of them. The Mortgagee is PNC Bank, National Associ The word "Borrower" means BARBARA A MORAN If there is more than one, the word "Borrower" herein refers to each and all of them. OLNACS Number I~ Borrower owes Mortga m 0 Seventeen Thousand Forty Nine And 00/100 Dolla (U.S. $ . 1 7.Tb~~~~t\S evi enced by Borrower's written obligation. (referred to herein as th.e "~ote"), dated Mar. 20, This Mo e ~eclJres to 'M"01 gee: (a) the repayment of the debt eVidenced by the Note, with Interest and other charges as provided there (b) the payment 0 , with interest .thereo~, advanced hereunder for the payment of taxes, assessments, maintenance charges, insuran premiums and costs incurred to protect the security of this Mortgage; (c) the payment of all of Mortgagee's costs of collection, including costs of suit and permitted by law, r.easonable attorneys' fees and expenses, if suit is filed or other action is taken to collect the sums owing or to protect the security of ti Mortgage; (d) paymerif-of any refinancing, substitution, extension, i11oOification;afiCllOrrenewaTofany.of Said indebtedness, interest, charges, costs al expenses; (e) the performance of Mortgagor's and/or Borrower's covenants and agreements under this Mortgage and the Note; and (f) the repayment of tl debt evidenced by any note or agreement which was refinanced by the Note, to the extent that such debt is owed to Mortgagee and has not been paid. For It purpose, Mortgagor does hereby mortgage, grant and convey to Mortgagee the following described property, together with all improvements now or hereaf1 erected, and all easements, rights and appurtenances thereon, located at and known as: . . 49 DREXEL PL, NEW CUMBERLAND, PA 170702204 CUMBERLAND Recording Date of Original Deed Dec. 17, 1996 ltuutr;U~lr~~. j Deed Book Number 150 Page Number 753 f1~'r ~ B Tax Parcel No. 13-25-0008-002A EXHIBIT \::) The word "Property" herein shall mean all of the foregoing mortgaged property. . I To have and to hold the Property unto the Mortgagee, its successors and assigns, forever. Provided, however, that if Mortgagor and/or Borrower sh pay to Mortgagee the said debt, interest, and all other sums, and perform all covenants and agreements secured hereby, then this Mortgage and the esta conveyed by it shall terminate and become void. Warranty of Title. Mortgagor warrants and represents to Mortgagee that: (a) Mortgagor is the sole owner of the Property, and has the right to mortgal and convey the Property; (b) the Property is unencumbered except for encumbrances now recorded; and (c) Mortgagor will defend the title to the Proper against all claims and demands except encumbrances now recorded. Covenants. Mortgagor promises and agrees as follows: (a) Mortgagor will maintain the Property in good order and repair; (b) Mortgagor will comply with all laws respecting the ownership and/or use of tI Property; (c) If the Property is part of a condominium or planned unit development, Mortgagor will comply with all by,laws, regulations and restrictions record; (d) Mortgagor will pay and/or perform all obligations under any mortgage, lien, or security agreement which has priority over this Mortgas (e) Mortgagor will payor cause to be paid all taxes and other charges assessed or levied on the Property when due and, upon Mortgagee's request, will deliv, to the Mortgagee receipts showing the payment of such charges; (f) While any part of the debts secured by this Mortgage remain unpaid, Mortgagor promiSl to obtain and keep in force property insurance and, if required by federal law, flood insurance on the Property. The property insurance must cover loss of damage to the Property and must be in an amount sufficient to protect Mortgagee's interests; flood insurance must be of the type and in the amount requirE by federal law. Mortgagor agrees to provide Mortgagee evidence of required insurance. All policies must name Mortgagee as a loss payee/secured party ar must provide for at least 10 days written notice to Mortgagee of reduction in coverage or cancellation. Mortgagor gives Mortgagee the right to sign Mortgagol name on any check or draft from an insurance company and to apply the money to any debt secured by this Mortgage. This is limited to checks and drafts payment of a claim under an insurance policy for loss or damage to the Property or for returned or rebated premiums on pOlicies insuring the Proper1 (g) If Mortgagor fails to keep in force the required insurance and/or fails to provide evidence of such insurance to Mortgagee, Mortgagee may notify Mortgag that Mortgagor should purchase the required insurance at Mortgagor's expense. If Mortgagor fails to purchase the insurance within the time stated in tl notice and/or fails to provide evidence of such insurance to Mortgagee, Mortgagee may purchase insurance to protect Mortgagee's interest, to the exte permitted by applicable law, and charge Mortgagor the cost of the premiums and any other amounts Mortgagee incurs in purchasing the insuraf\ce. n INSURANCE MORTGAGEE PURCHASES WILL BE SIGNIFICANTLY MORE EXPENSIVE AND MAY PROVIDE LESS COVERAGE THAN INSURANCE MORTGAGC COULD PURCHASE OTHERWISE. If Mortgagor fails to perform any other duty or obligation required by these Covenants, Mortgagee may, at its sole optio advance such sums as it deems necessary to protect the Property and/or its rights in the Property under this Mortgage. Mortgagor agrees to repay Mortgagl any amounts advanced in accordance with this paragraph, with interest thereon, upon demand; (h) Any interest payable to Mortgagee after a judgment entered or on additional sums advanced shall be at the rate provided for in the Note; (i) Mortgagee may make reasonable entries upon and inspections of tl Property after giving Mortgagor prior notice of any such inspection; (j) Mortgagor will not sell, transfer ownership in, or enter into an installment sale contre for the sale of all or any part of the Property; (k) The promises, agreements and rights in this Mortgage shall be binding upon and benefit anyone to whom tl Property or this Mortgage is transferred. If more than one Mortgagor signs this Mortgage, each and all of them are bound individually and together. TI covenants made in this section and Mortgagee's remedies set forth below shall not merge with any judgment entered in any legal action and shall apply ur all amounts owed are paid in full. Default. Mortgagor will be in default under this Mortgage: (a) if there is a default under the Note; (b) if Mortgagor breaks any promise made in tl Mortgage; (c) if any Mortgagor dies; (d) if any other creditor tries to take the Property by legal process; (e) if any Mortgagor files bankruptcy or if anyone fil an involuntary bankruptcy against Mortgagor; (f) if any tax lien or levy is filed or made against any Mortgagor or the Property; (g) if any Mortgagor has ma, any false statement in this Mortgage; or (h) if the Property is destroyed, or seized or condemned by federal, state or local government. MOrtgag~'S Remedies. Unless prohibited by law, if Mortgagor is in default under this Mortgage, Mortgagee may, at its option, after notice required law, if any, dec ' e due and payable the entire unpaid balance of the sums which are secured by this Mortgage and owing upon the Note. If Mortgagee declares such en ire balance due and payable, Mortgagee may take possession of the Property, collect any and all rents, apply said rents to the indebtedne secured by this Mortgage, -foreclose the Mortgage, or tlke other action upon the Mortgage as permitted or provided by law to collect the balance owing. I: mortgage foreclosure action or any other action on this Mortgage is filed by Mortgagee, and/or if Mortgagee takes any action to protect or enforce its inter! in any court, including Bankruptcy Court, Mortgagor agrees to pay to Mortgagee all expenses and costs of such action, includirjg, if permitted by la reasonable attorneys' fees to the maximum extent permitted by law. . ;, Remedies Cumulative. If any circumstance exists which would permit Mortgagee to accelerate the balance, Mortgagee may take such acticn at a time during which such circumstance continues to exist. Mortgagee's remedies under this Mortgage shall be cumulative and not alternative. Delay in Enforcement. Mortgagee can delay in enforcing any of its rights under this Mortgage or the Note without losing that right. Any waiver Mortgagee of any provision of this Mortgage or the Note will not be a waiver of the same or any other provision on any other occasion. Assignmer;Jt. Mortgagee may sell, transfer or assign this Mortgage without Mortgagor's consent. , Severability. If any provision of this Mortgage is held to be invalid or unenforceable, such determin tion shall not affect the v the remaining provisions of this Mortgage. W\TNE t e signin f this M Witness h above, intending to be legally bound. Mortgagor Witness PA 000 00000130 (Rev. 11/95) Mortgagor , BOOK 1443 PAGf 122 ) CUMBERLAND ) SS: COUNTY OF ) On ~his 20TH day of MARCH , 19~, before me, EDITH M SHEAFFER the undersigned officer (who certifies that he/she is not an officer or director of PNC Bank, National Association), personally appeare BARBARA A M)RAN known to IT (or satisfactorily proven) to be the person(s) whose name(s) is (are) subscrib,ed to the withil) instrument and acknowledged that he/she/they execute the same for the purposes therein contained. . In Witness Whereof, I hereunder sr~:::"'~:~:land official seal. "'- d 1/__ Signature W. z,...--- Edith M. Sheaffer NO!:lrl' P!.Jblic New Cumberland Bore. CV;11beri"r.d Ccuniv I 1~,"IfUl"1/ My CommisSion Expires Nov f) 200()' ,\" 1. - S '4" +,\\\....~~~. ' /i.c:.~,~ Member. Pennsylvania ASSOCIation of NDtarles ~:..l '(~ ........ (..:..., ~ S',,"..<~fl'''''' ..... v_~~ " AFFIDAVIT OF SUBSCRIBING WITNESS !.<9 ~.>: .......,.~~\~ Mortgagor(s) acknowledged the Mortgage. Affidavit must be taken in county where Property is located.] :: WICIi.I.~, :.:J~>>"I~~L~, _ ~i:t.~ Befor~_~~.~rW'UbliC (who certifies that he/she is not an officer or direct~r.of P~C Bank, Natio~a~ Association), perso~allY appeare i"~\ ~,;p:..;r, .~.~ , the subscnbmg witness to the wlthm Mortgage, who bemg duly swor ~ ., ....,. ~~ and says that he/she was personally present at the execution of said Mortgage, sa,,!, the within named Mortgagor(! ~~ .. ._,~.,...... p. " ,......... d 'l. ..... 4~\l--SJ"u ,". ' , an sign :~'.rrii{,~(~~~act and deed, and deliver said Mortgage for the purposes therein set forth; and that the name of this deponent affixed thereto a subscribing witness is of deponents own proper handwriting. . STA1E'OF PENNSYLVANIA. ACKNOWLEDG M ENT Title NOTARY Sworn to and subscribed before me this ,19_. Notary Public Subscribing Witness day of CERTIFICATE OF RESIDENCE I, STACI L ARNDT 2730 LIBERTY AVE PI'rrSBURGH, FA 1~2n STATE OF PENNSYLVANIA ) r L - .l ) SS: COUNTY OF VL-\ (Y\ ~ Q....... d ) RECORDED on this ~ h ~ II ~rL"f CtJfL.\ said County, in Mortgage Book Volume --flt'i'~ ' p~ . WITNESS my hand and the seal of said office the day and year aforesaid. ./l~ 8 ~ . ~..~........ .:t-o. . ._....''',~.~ . ~ _-':<_-~"""~~"'-~~'i, -. re'i n C' ~, . '....,. .~"'., .;\ o?~- -._Jl,\"'l..~.~.~,^ ~..,~" >:> C, ...,~~.~.:;..,,:,,:..,,. ), '0'~~:":. -- ,( .. . L"'''""".''''~''''''h:'.,)''''',' .~.'ti --i. . ~.~..... ..."'~"'11'> "..c' ,:~... ~ .'... _~,>..!",,~O" ~ . ',', ., ".4 jllJl ~. ..., '~.' . II.',":;' "1" ~:,l .-...~.,jc> '.' ,tI~..... i'f' '. .a.~;'" " "": ::O~i;';:<.'\:-~ ~ i~~r~' ~ ~,. .~., - ./ \Tf,~. 'I. " . .."'\~c... '.. .. .'~;:," 'iI!" (). \ './' ._'~: '.' f, ..~",'." ,. ~~~ c:....~.~~.:.-;:. ','~@;\;',!1, '; ,.'~ ...., . ..... ~/". ;t:~{t- ".. , ", ....- . ..... _ , V' ',' '" ~, .lo' .....c'\,. - 0 .......... .' ; 1t v... ""' "- .. ;'"'( ,..... ~...<'- .'. - ..-,(".) ."", ~,-~ ...... '"f#'-"" "rl.. ... ,..0.1> -,' "", Jl N r'~," .."'" '" '.-'-' ~:;7:'- ,~~.....,~,..;.....,.. <11,__. "'UN(")<"'U:7 ~-..Jo;;;:z~ vrW~Vl(")= C"o.....~rT'\..... c:r-CD...,.....O OQO:iil::l~" ::rCD-r-", - ;:+(")0 "'U'< 0 III )>:>::l::l ~<~n (JI CD Q. CD N ::l ::l NC: ~ N CD ..., BOO~ 14 431'AGE 123 Recorded -g ~ z n \XI I>> 61~ :::l J1r' Z I>> - o' :::l , s: !!.. ~ )0- CIl VI 0 ~ (") iii' - o' :::l , do hereby certify that the Mortgagee's precise residence i ftJru ~ () J\rvd)- Agent for Mortgage .. , l~ ~ ,in the Office of the Recorder of Deeds in and fc ~~ ,,3: QO ~'"'" CD ,.... '?-O'Q ~Q) ~O'Q ('I) z c: 3 C' CD ..., .. & ~ PNCBANK - ~:~--..nate-of-this-Notiee: August 1, 2005 Barbara A Moran 49 Drexel PI New Cumberland, P A 17070 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (REMAP) may be able to help save your home. This Notice explains how the program works. To see ifHEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Agencies serving your County are listed at the end of this Notice. If you have any Questions, you may call the 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. Yau may also want to contact an attorney in your area. The local bar association may be able to help you fmd 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 EST A NOTIFICAC10N OBTENGA UNA TRADUCC10N INMEDIT AMENTE LLAMANDO EST A AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENC10NADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SAL V AR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME: Barbara A Moran PROPERTY ADDRESS: 49 Drexel PI, New Cumberland, PA 17070 LOAN ACCT. NO.: 040-01-008010452486 ORIGINAL LENDER: PNC CURRENT LENDER/SERV1CER: PNC Bank, NA EXHIBIT A member of The PNC Financial Services Group ~ Consumer Loan Center 2730 Liberty Avenue Pittsburgh Penn 'i S. .. .. G PNCBANK HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WIDCH 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 B'EING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND · IF YOU MEET OTHER ELIGffiILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face- to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to- face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergen(\~ Program Application with one of the designated consumer counseling agencies listed at the end of this Notice. Oilly 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 TillS LETTER, FORECLOSURE MAY PROCEED AGAINS't 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 . '. ~ ~ PNCBANK AGENCY ACTION -- Available funds for emergency mortgage assistance arevery--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 TillS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Brine it up to date): NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 49 Drexel PI, New Cumberland, P A 17070 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 $209.07 for each of the months from May 2005 through July 2005. Other charges (explain/itemize): Late Charges for $20.00 TOTAL AMOUNT PAST DUE: $647.21 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 $647.21. PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAYS PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: PNC Bank, NA, 2730 Liberty Avenue, 2nd Floor, Mailstop: P5-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 mortgae:e debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DA YS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your morte:aeed property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgage property will be sold by the Sheriff to pay off the mortgage debt. Ifthe lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney fees actually incurred by the lender even if they exceed_$50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period. you will ~ot 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. A member of The PNC Financial Services Group Consumer Loan Center 2730 Liberty Avenue Pittsburgh Pennsylvania 15222 . " II. ~ PNC13ANK RIGHT TO CURE...THE-DEF-AlJL'f-P-RI-OR-1'()-SHERIFF~S..SALE-If-Y0li-haven0t-cured-the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSffiLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately six months from the Date of this Notice. A notice 'of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: PNC Bank, NA Address: 2730 Liberty Avenue, 2nd Floor, Mailstop: P5-PWLC-02-I, Pittsburgh, PA 15222 Phone Number: (412) 762-8048 or 1-800-878-0027 Contact Person: Beatrice Grates 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 TIDS 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 DEF AUL T. (HOWEVER, YOU DO NOT HAVE TIDS 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 LA wsurr INSTITUTED UNDER THE MORTGAGE DOCUMENTS. · t~ ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LEND~R. · TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Very truly yours, Arlene West PNC Bank, National Association cc: 151 Class U.S. Mail, postage prepaid CONSUMER CREJ?ar&P~~~~~J~~~RVlNG YOUR COUNTY (see attached) Consumer Loan Center 2730 Liberty Avenue Pittsburgh Pennsylvania 15222 r ~'= g>. . !l5 E' f'" c~ 0> ;5,!S" -:!u J:..~'ii.Q-gl'1 a."'... 5.!1 III ill E.. O~f; t:tt:: s".!il'l; Ill~ . (/) ~ ~""'I 0 .. )(::!~.2.!! .!! u. ~~fll5~ ~ ~ ~ E "' ~ I '6 c: ~ c: ~8 ~ ~ ~ ~ -oe ~'i f8 'isO::! 'E.!I~i ~ 2' "' 0::0::0:: DODD J I!s oj! f B ~ I ~ ! c:'" ~ 'i ~~~ r CD i8i~~ j a. uuoUl_ ,; 00000 <.> 0> .r::. U B ~ 0> '" '0 Gi 't:l C 0> ~ ~,~ \ ~ :5 mlO~ 9~.w. 'il NO::' . t' .. 0::. o::af oi O::u. :r:"' Ulaf ui Ulu. ui Ou. ... . "'0 io UlU "''''' ::> o al. ... ::> ::>- ~~ ~l >. ~'t 1S0:: <"" f II.. 0) i i . ~I 1Q ;$ ~ ~ . N ~ N ~ . N M M M "2.: C t:>l' o ~ ~ r-l ~ r, ' r-l 'E '[ ,t if ih~ I I I I I I ---~I I gll I ~. ~ ILO , i . r=t ~ . N @ cO I --I I I I .1 1 Ir--: cO CD . .. 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Cumberland County Urban Leagueof Metio~oIitan Harrisburg . 2107 N 6 8t Harrisburg, PA 17101 (717) 234-5925 Fax (717) 232-4985 YWCA of Carlisle 301 G 8t Carlisle, P A 17013 (717) 243-3818 Fax (717) 243-3948 Consumer Credit Counseling Service 2000 Linglestown Rd Harrisburg, P A 17102 (717) 541-1757 Financial Counseling Service of Franklin County . 31W3rd8t Waynesboro, PA 17268 (717) 762-3285 . ~ ~ r iCY i{ in ~ fi: .lr1. 0 on ~ tit 0 :-,1 ........ ~ C> () n'l r- ~ -'r " , ~ ~ c. O. C-) ,', ~ ~ ....., ~j C> , ,c') - J= ~.;... ;:On 6'""'" (,,) '-::~ ",:,. ..r:- '0 :< r'V SHERIFF'S RETURN - REGULAR CASE NO: 2005-05256 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PNC BANK NATIONAL ASSOCIATION VS MORAN BARBARA A WILLIAM CLINE , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, was served upon says, the within COMPLAINT - MORT FORE MORAN BARBARA A the DEFENDANT at 2101:00 HOURS, on the 10th day of October 2005 at 49 DREXEL PLACE NEW CUMBELAND, PA 17070 BARBARA A MORAN by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 16.32 .00 10.00 .00 44.32 Sworn and Subscribed to before me this day of .D. So Answers: r/'- /) -.~~/ .Y~ ? ~,~~,,,.-~ R. Thomas Kline 10/11/2005 TUCKER ARENS BERG By, d4-y~- / Deputy Sherlff ( IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, CIVIL DIVISION Plaintiff, No, 05-5256 Civil Term vs, BARBARA A MORAN, PRAECIPE FOR DEFAULT JUDGMENT IN MORTGAGE FORECLOSURE Defendant. Filed on behalf of PNC BANK. NATIONAL ASSOCIATION, Plaintiff Counsel of record for this party: Brett A. Solomon. Esquire Pa. J.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, ) ) ) ) ) ) ) ) ) No, 05-5256 Civil Term CIVIL DIVISION vs. BARBARA A. MORAN, Defendant. PRAECIPE FOR DEFAULT JUDGMENT IN MORTGAGE FORECLOSURE TO: Prothonotary Kindly enter Judgment against Defendant above named in default of an Answer, in the amount of $28,460.02, plus continuing interest at the contract rate together with late charges, costs of suit and attorney fees on the deClining balance computed as follows: Amount claimed in Complain!........................................... $ 27,932.40 Interest on Note-I from 9/28/05 to 11/18/05 @ $3.5130 per diem ...................................................... Late Charges on Note-I($20.00/mo. for 10/05) ................ 182.68 20.00 Interest on Note-II from 9/28/05 to 11/18/05 @ $1.4638 per diem ...................................................... Late Charges on Note-II($20.00/mo. for 10/05) ............... 76.12 20.00 Attorney's fees and charges through 11/18/05................. 228.82 *TOT AL ............................................................................ $ 28,460.02 "Includes credit for payments made on account. Interest, late charges, attorney's fees and charges and record costs of this proceeding will continue to accrue from the date of entry of judgment. I hereby certify that the appropriate Notice of Default, as attached has been mailed in accordance with PA R.CP. 237.1 on the date indicated on the Notice. T B ett A. Solomon, Esquire Attorney for PNC Bank, National Association, Plaintiff Plaintiff: PNC Bank, National Association c/o TUCKER ARENSBERG. P.C., 1500 One PPG Place, Pittsburgh, PA 15222 Defendant: Barbara A. Moran, 49 Drexel Place, New Cumberland, PA 17070 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, CIVIL DIVISION No. 2005-05256 P Plaintiff, vs. BARBARA A. MORAN, Defendant. TO: Barbara A. Moran 49 Drexel Place New Cumberland, PAl 7070 DA TE OF NOTICE: November 1, 2005 IMPORTANT NOTICE YOU ARE IN DEF AUL T BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MA Y BE ABLE TO PROVIDE YOU WITH INFORMATION ON 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 Tmt Brett A. Solomon, Esquire Attorney for Plaintiff, PNC Bank, National Association BANK JIN:260243-] 0000] ] -125299 CERTIFICATE OF SERVICE I hereby certify that the foregoing Notice was served upon the Defendant, Barbara A. Moran, by depositing thereof in the United States mail, first class postage prepaid, on the I" day of November 2005, at the following address: Barbara A. Moran 49 Drexel Place New Cumberland, P A 17070 Brett A. S lomon, Esquire Attorney for Plaintiff, PNC Bank, National Association BANK_FlN:26024J-r (JOOOI !-125299 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, ) ) ) ) ) ) } } } No. 05-5256 Civil Term CIVIL DIVISION vs. BARBARA A. MORAN, Defendant. NOTICE OF JUDGMENT TO: Barbara A. Moran 49 Drexel Place New Cumberland, PA 17070 You are hereby notified that a Judgment in Mortgage Foreclosure was entered against you on jUt:> l ) .J.g , 2005 in the amount of $28,460.02 plus continuing interest at the contract rate together with costs, late charges, and attorneys fees. t~ Oil Prot notary//, ..' 1 . .' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Defendant. ) ) } ) } ) } } } No. 05-5256 Civil Term CIVIL DIVISION Plaintiff, vs. BARBARA A. MORAN, AFFIDAVIT OF NON.MILlTARY SERVICE COMMONWEALTH OF PENNSYLVANIA } ) SS: COUNTY OF ALLEGHENY } I, Brett A. Solomon, being duly sworn according to law, hereby depose and say that the Defendant, Barbara A. Moran, is not a member of the military servo e of the United States of America to the best of my knowledge, information, and belief. Sworn to and sUbscribN~elY)bOl.\ this ---2L day of , 2005. ~ My Commission Expires: COMMONWEALTH OF PENNSYLVANIA NotaJ1aI Seal Kelty J. Mizak. Notary Public CIty Of PItlsbuJQh. Allegheny County My Corrvnlsslon Expo,.. May 23. 2009 Member, Penl)sylvania Association of Notaries SF 261661 ./L;)... P -0 t ~ \ 6 S-- ~-J ~ ~ ~ r \" ..z::...tl D ~~S-t ~ -L ~ <---~ 0 ,=: ""II '~..;:., ~ - .:; " t" .,.." ~'- "- , '" '0,") ( ~? k . '(l ~'~:'l '.< U ... ,... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION CIVIL DIVISION Plaintiff, No. 05-5256-Civil Term vs. PRAECIPE TO VACATE JUDGMENT BARBARA A. MORAN, Defendants. Filed on behalf of PNC BANK, NATIONAL ASSOCIATION, Plaintiff Counsel of record for this party: Brett A. Solomon, Esquire Pa. 1.0. No. 83746 TUCKER ARENSBERG, P.C. Firm #287 1500 One PPG Place Pittsburgh, Pennsylvania 15222 Telephone: (412) 566-1212 ,i . , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, ) ) } } ) ) ) } } Plaintiff, vs. BARBARA A. MORAN, Defendant. CIVIL DIVISION No. 05-5256-Civil Term PRAECIPE TO VACATE JUDGMENT TO: PROTHONOTARY, CUMBERLAND COUNTY Kindly Vacate the Judgment that was entered in favor of the Plaintiff, PNC Bank, National Association, and against the Defendant, Barbara A. Moran, on November 29, 2005 at No. 05- 5256 Civil Term. By: Sworn to and sUbscribeK,~~~ this l n day of :, 2006. i~~~k' ~PC Brett A. Solomon, Esquire Pa. 1.0. No. 83746 1500 One PPG Place Pittsburgh, Pennsylvania 15222 (412) 566-1212 L'THOF PENNSYLVANI NoIarlal Seal MJ. MiUk, l'l('.ary Public = pl\llbl.ll'gtl. AJloghenY Co\J1ly \~ElqlIl'll$Nlay23.2009 .....,~^.ua "'on 01 Notartes My Commission Expires: SF 269908 ~ 0 ..J..c;,.. '- U'1 , ...." .___l C) C - C> -_.".~ - 9v ...:t "'v ~ en ~ ~ 'i ~ E (','\ ~ '. -!-- ------.t....