HomeMy WebLinkAbout06-3570
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
CIVIL DIVISION
No. ()C. - 3~r7() r'",",;/ fA-.
PNC BANK, NATIONAL ASSOCIATION,
vs.
DONALD L. DUNCAN and
BEVERLY S. DUNCAN,
CIVIL ACTION - COMPLAINT IN
MORTGAGE FORECLOSURE
Defendants.
Filed on behalf of PNC Bank, National
Association, Plaintiff
Counsel of record for this party:
Brett A. Solomon, Esquire
Pa. J.D. #83746
Beverly Weiss Manne, Esquire
Pa. \.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:
52 W. Main Street
Newville, Pennsylvania 17241
Borough ofNe . e
Tax Parcel N 7 0 54-064
Bre A. Solomon
Attorney for Plaintiff
BANK]IN:276842-1000011-097225
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
CIVIL DIVISION
Defendants.
)
)
)
)
)
)
)
)
)
)
No.
Plaintiff,
vs.
DONALD L. DUNCAN and
BEVERLY S. DUNCAN,
IMPORTANT NOTICE
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this Complaint and Notice are served
by entering a written appearance personally or by attorney and filing in writing with the court your
defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the
case may proceed without you and a judgment may be entered against you by the court without further
notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff.
You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A
LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THA T MAY OFFER LEGAL
SERVICES TO EUGmLE PERSONS AT A REDUCED FEE OR NO FEE.
Lawyer Referral Service
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(717)-249-3166
1-800-990-9108
BANK]JN:276842-1000011-097225
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Defendants.
)
)
)
)
)
)
)
)
)
)
CIVIL DIVISION
No. (J r. - 35 70 G..;..:t "l u-
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff,
vs.
DONALD L. DUNCAN and
BEVERLY S. DUNCAN,
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:
I. PNC Bank, National Association, is a national banking association organized
under the laws of the United States of America with a principal place of business at One PNC Plaza, 249
Fifth Avenue, Pittsburgh, Pennsylvania 15222-2707.
2. Defendants, Donald L. Duncan and Beverly S. Duncan, are adult individuals
whose last known address is 52 W. Main Street, Newville, Pennsylvania 17241.
3. On or about August 21, 1995, Donald L. Duncan and Beverly S. Duncan
("Borrowers"), executed a Home Equity Line of Credit ("Note") whereby Borrower promised to pay to
Bank the principal amount of $20,000.00 plus interest as provided therein. A true and correct copy of the
Note is attached hereto as Exhibit "A" and incorporated herein.
4. The obligations evidenced by the Note are secured by a Mortgage dated August
21, 2005 ("Mortgage") given by Donald L. Duncan and Beverly S. Duncan ("Mortgagors") to Bank,
encumbering certain real property located at 52 W. Main Street, Borough of Newville, County of
Cumberland, Pennsylvania, as more particularly described therein ("Premises"). The Mortgage was
recorded on September 5, 1995 in the Office of the Recorder of Deeds of Cumberland County,
BANK]IN:276842-1000011-097225
Pennsylvania in Mortgage Book Volume 1280, Page 395. A true and correct copy of the Mortgage is
attached hereto as Exhibit "B" and incorporated herein.
5. The Borrowers are in default of the provisions of the Note for failure to make
payment when due and therefore the Mortgagors are in default of the Mortgage. The Note is due from
January 1,2006 and as ofJune 1,2006 was past due in the amount of$I,376.36.
6. The Mortgagors are the record and real owners ofthe Premises.
7. There has been no assignment, release or transfer ofthe Note or Mortgage.
8. On or about March 23, 2006, Notices were sent to Defendants in accordance with
35 P.S. ~1680.403C (Homeowner's Emergency Mortgage Assistance Act of 1983 - Act 91 of 1983) and
41 P.S. ~403 (Act 6 of 1974) that an action on said Mortgage may be commenced after 31 days from the
date of the Notices. Said Notices further advised Defendants of Defendants' rights and obligations in
accordance with the Act. Copies of the Notices are attached hereto as Exhibit "C", collectively, and
incorporated herein.
9. The amount due Bank under the Note and Mortgage as of June I, 2006 was as
follows:
Principal
Interest through June I, 2006
(continuing thereafter at $4.4478 per diem)
Late Charges
Attorneys' Fees
Costs
TOTAL
$18,553.99
633.48
50.00
1,015.00
to be added
$20,252.47
10. The total amount due to Bank under the Note and Mortgage as of June 1,2006
was Twenty Thousand Two Hundred Fifty-Two and 47/100 Dollars ($20,252.47), plus costs and
attorneys' fees.
-2-
WHEREFORE, Plaintiff demands an in rem judgment in mortgage foreclosure for the
amount due of Twenty Thousand Two Hundred Fifty-Two and 47/100 Dollars ($20,252.47), plus
continuing interest at the contract rate from June I, 2006, late charges, reasonable attorneys' fees and
costs of foreclosure and sale of the Premises.
By:
:r;;;~'PC
Brett A. Solomon, Esquire
Pa. I.D. #83746
1500 One PPG Place
Pittsburgh, Pennsylvania 15222
(412) 566-1212
Attorney for PNC Bank, National Association,
Plaintiff
-3-
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
CIVIL DIVISION
Defendants.
)
)
)
)
)
)
)
)
)
)
No.
Plaintiff,
vs.
DONALD L. DUNCAN and
BEVERLY S. DUNCAN,
AFFIDAVIT OF NON-MILITARY SERVICE
COMMONWEALTH OF PENNSYLVANIA )
) SS:
COUNTY OF ALLEGHENY )
I, Brett A. Solomon, Attorney for PNC Bank, National Association, being duly sworn according
to law, hereby depose and say that the Defendants, Donald L. Duncan and Beverly S. Duncan, are not
members of the military service of the United States of America to the best of my knowledge,
information, and belief.
rett A. Solomon
Attorney for PNC Bank, National Association
this
2006.
Notary Public
My Commission Expires:
WEALTH .9l'fE.NNSYLV
Na!al'\8l Seal
I(sIIy J. Mizal<, Notary public
~Ol PtttsbuIllh. A~ CounIV
_CM...) I' ",~May23.2Ollll
......,.., ~ AncCIatton of NGl8l\II
BANK]lN:276842-1000011-097225
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.
"
PA ....
. 000 00000944 (Rev. 7/95) fj;J 11) j
HOME EQUITY LINE OF CREOIT
,^/o-C!3~ ^/860 ^/{)51^/O~
_a,o j.t~'''L''.J oncI5orricI1D..._.....,.
,'urE1"illill'iMJ1 R1I:tj';~"*
VARIABLE RATE ACCOUNT
. fEDERAL TRUTH,IN.LENDING DISCLOSURE STATEMENT. PART ONE
THIS DIS~LOSURE STATEMENT IS GIVEN TO BORROWER WITH. AND IS PART OF. THE GENERAL CONDITIONS Of THE ACCOUNT. THE GENERAL
::::::~~::::::::~~~~~STATEMENT AND THE DISCLOSURE STATEM:~T[ ON ::~ ,::::~:: SIDE SHOULD Bll~lrll~II1~~II~liiiilm
( ] CLUB ACCOUNT ( ~ To open this account, you must pay the following CHARGES on or
Club P.ccount Benefit percentage points before the date this account becomes effective;
Club Group:
1 EMPLOYEE ACCOUNT
Employee Account Benefit: %
Lender. IJWC BeDIt.;-'Watioaal bsociat.ion
Oate~. _. 21, "1tt5- Payment Due Da~e: 1ft
Account Number:
Maximum Credit Limit:
Name of Borrower(s):.
"'20,000.00
DeIllUH. _.
UYIIlL'J SDUIIC1I1I
Mdress:
, 52:. W'IlIID'lft'
'lIIII9ILLI'PA '172411011
PAYMENT OPTIONS
[ .J Principal and Interest
{ ~ Interest Only during the Draw Period
( ] Payment automatically charged to Checking Account
Overdraft Protection [ j YES [ ] NO . .
You may not have both lerdraft protection and charge to checking.
Checking Account Number.
In Name(s) of; 514041"~3'
.. "1llIlIID LIlIIIICIIII
. 'BlVllLY If~'
Initial Daily Periodic Rate: A.~ --t)f,perday
initi,J ANNUAL PERC"rrnN~2RATE:, 9.750 "pery."
BASE MARGIN: percentage pomts
:^hGGO
1. ACCOUNT PRlVILEGES. We have established this account for you with a
Maximum Credit in the amount set forth aboVe. 'Tbu may use this credit to
obtain loans from time to time by writing checks in amounts of not less than
$100 or by using other methods which we may permit. 'lbu authorize us to
charge this account for those loans and tor the Finance Charge, Annual Fees,
credit insurance premiums, If applicable, and any other amounts which you
agree in this Agreement to PlIy.
'(our account wm consist of two periods, a Draw Period and a Repayment
Period. You are permitted to make new loans from time to time, only during
the Drsw Pericxl. The Draw Period will end on the last day of the Billing Cycle
In which (a) if you choOSe the Principal and Interest Paymeot Qption. the tenth
annlversllry of the opening of the account occurs, or (b) if you choose the
Interest Only Payment Oplioo, the seventh anniversary of the opening of the
account occurs.
The lensth of the Repayment Period will depend on the balance in this account
at the end of the first billina: cycle io the Repllyment Period, the amount of your
minimum payment and on the Annual Percentage Rate(s) which IIPPIy.
He egree to pay checKs, sO Icing as they do not Cause the principal balance to
exceed the Maximum Credit, which are deled, drawn and issued on this
account by you durina the Draw Petiod and received by us dUring the Draw
Pviod or within five business days afterthe end of me Draw Period, except as
provided in the followine sentence. We will not pay any check dated. drawn or
issoed by you or received by us after this account is Terminated or during any
peMd when further extensions of credit are prohibited or suspended as
proyided in this Agreement. )bu agree that any checks written on this account
will be only those cheCks issued by us for that special purpose.
2. OVERDRAfT PROTECTION. If you ha'Ie elected Owrdraft Prolection in
connection with this account, we will make a deposit to the Checkina: Account
identified ablWe whenever you withdraw from that Checking Account, either by
writing a check from the Checking Account or in some other way, more money
than the balance in the Checking Account The amount which we will depJSit
will be the amount by which your withdrawal exceeds the balance in the
Checkina: Account, rounded up to the next whole $1.00. How.ever, the amount
whIch we will deposit will be not less than $50.00. We will Charge the amount
of.the deposit as a loan from this account. We do not have to make a d~!)Osit
to the ChecklniAccount if a deposit will cause the balance in this account to
exceed the Maximum Credit or would violate the terms of this Aereement
Checking Account checks, which are returned, will be subject to our regular
overdraft charps.
3. FINANCE CHA.RG.E. M. aU times that this acc.ount is In effect, including
the Draw Pericxl anQ the Repayment Period and any period after TerminatiOl1
in which there remains an outstanding balance OIl this account, the Finance
Charge will be calculated as of the last day in the blUing cycle in the following
way:
(1:1) When The FInance Charp BegIn.. The Finance Charge beiins to
accrue on the day each loan is posted to this account. There is no time
during wtlich credit is extended that you do not incur a Finance Charge.
(b) How W. DeCemln. Th. B.lance On Which The Finance Charp I.
Computed. We compute the Finance Charae on the -Average Oaily
62,I!.l'\C8- {Including current transactions) in this account durini the
billing cycle. To get the Average Dally Balance, we take the beginning
balance in this account each day and add anu new advances nnsted that
day, and subtnct any payments, C
insurance premiums and unpaid Ana EXHIBIT
-Daily Balance.- Then, we add up all of
cycle and divide by the total number I
result is the Average Daily Balance. A
(e) How We Compute The Rnanee Cha
Charge for the billing cycle by multiplyi
~~e ~Yd7 ~ ~he ,num~~~ ot days,.i~ !..he b
1. OTHER FINANCE CHARGES
Amount
You may f10t use any loans from this account to pay the above amounts.
2. CLOSING COSTS
Amount
B. ANNUAL FEE [.~ Not,applicable
[ ~Annual Fee: $
The Annual Fee-will be charged to your account dunne the first billing
cycle and on the first day of each billing cycle immediately following
each anniversary of the account, during the Draw Period.
[ J The Annual Fee will not be charged during any year that. on the
anniversary of the Account, you are eligible for the Club Account Benefit
or the Employee Account Benefit identified in this Agreement
[ ] The Annual Fee will not be charged during the first
years of the Draw Period.
biUing cycles when you are eligible for a Club Account, the -Margin"
will be equal to the Base Margin stated above minus the Club
Benefit stated above. During billing cycles when you are eligible for
an Employee Account, the: -Margin- will be equal to the Base Margin
stated above multiplied by the Employee Benefit.
(iii) Calculltlon of the Annual Percen.... Rate. The Annual
Percentage Rate for any billing cycle will be the sum of the Index
plus the Margin. Provided, however, that the ANNUAL I'ERCENTAGE
RATE will never be more than 18%; and that during any biUing cycle
when you are eligible for an Employee Account, the ANNUAL
PERCENTAGE RATE will never be more than 18% multiplied by the
Employee Benefit.
(iv) Calcull:tIon of the Dally PerIodic Rate. The Dally Periodic Rate to
be used in each billing cycle will be determined on the first day of
the billIng cycle by dividing the IIPplicable Annual Percentage Rate
by 365 (or 366 In a leap y~r).
4. MINIMUM MONTHLY PAYMENT. The Minimum MOC\thLy. Pe~ will_~.
due each month on or before the Payment Due Date. If you have selected to
have the payment automatically charged to your Checking Account, this will
occur on or about the Payment Due Date each month. The Minimum Monthly
Payment will never be greater th2ln the entire outstandlna: bllance on the
account.
(a) Durin. The Draw Ptriocl. During each billing cycle of the Draw Period,
the Minimum Monthly Payment win be determined by addltlg any unpaid
Annual Fee, any other fees, if applicable (but not lncludine late Charges),
and amounts past due to the payment amount which is determined as
follows:
(i) Principal and InteruL If you have chosen the PrIncIpal and
Interest Payment Option, the payment amount will be the greater of
$50.00 or 1.5% of the Ending Balance reflected on the bminl statement.
(ii) Int..--t Only. If you have chosen the Interest Only Payment
Option, the payment amount will be the accnJed and unpllkl Anance
Charge and the accrued and unpaid credit insurance oremium, if any.
(b) Outing the Repayment Period. During each bIlling cycle of the
Repayment Period, the Minimum Monthly Payment will be determined by
,ddini any fee$. if applicable (but not including late Charps). and any
amounts past due to the greater of $50.00 or 1.596 of the Ending Balance
at the end of the first biUing cycle in the Repayment Period.
(c) Pl'llplYrn8nt If you pay an amount greater than the Minimum Monthly
Payment in any month, this will not altec:t the amount of the next
payment. and you will nevertheless be required to make the Minimum
Monthly Payment the next month. You may make payments in any
amount in excess of the Minimum Monthly Payment Ilnd. may pay the
entire balance or any part of It at any time provided that you pay at least
the Minimum Monthly Payment in any month when it Is due.
(d) After Tennlnatloo. If this account is Termina.ted during the Draw
Period in accordance with the "'Termination of Account Upon Default"
section at paragraph 11(a) on the reverse sIde, 'for the purposes of
calculating the Minimum Monthly Payment. the billing cycle in which the
Termination occurs !:hatl be considered to be a cycle duril'll the Draw
Period and all subsequent cycles shall be consIdered to be cycles during
the Repayment Period. If this account is Terminated during the
Repayment Period, the cycle in whIch the Termination occurs and all
subseqLJent cycles shall be considered to be cycles during the
Repayment Period. After Termination, the Minimum Monthly Payments
shall be calculated in accordance with tt\is paragraph unless we exercise
our rights under the -Acceleration of the Outstanding Balance- section at
paragraph l1(b) on the reverse side.
5. DISCLOSURE STATEMENT. PART TWO AND GENERAL CONOITtONS Of"
THE ACCOUNT. See the reverse side of this disclosure and the General
'"'__ ~",_..- ~',l.. ~~~'" ..... "'''''c.. ;'In'' in~()rnf)r;lt"rI h...~"';" with th'''' S;'l",t> effect
huUI':~~:
5t IF IIAIJI S'l
IINYILLI p~ 17Z~11011
PAYMENT OPTIONS
[ J Principal and Interest
( ~ Interest Only during the Draw Period
( ] Payment automaticallY charged to Checking Account
B. ANNUAL FEE (. ~ Not applicable
[ ~Annual Fee: $
Overdraft Protection [ J YES [ ] NO .
You may not have both lerdraft protection and c"harge to che'cking.
Checking Account Number:
In Name(s) of:
" 1lOD!oiI L '1lUIICAII
, '_Y /J 1llIICAII"
Initial Daily Periodic Rate: ,: % per day
Initial ANNUAL PERC!~~1ftATE:
BAS~ MARGIN:
9.750
percentage points
% per year
The Annual Fee-will be charged to your account during the first billing
cycle and on the first day of each billing cycle immediately following
each anniversary of the account, during the Draw Period.
[ ] the Annual Fee will not be charged durinl any year that, on the
anniversary of the Account, you are eligible for the Club Account Benefit
or the Employee Account Benefit identified in this Agreement
[ ] The Ann\.lal Fee will not be charged during the first
years of the Draw Period.
514041~P6
1._
1. . ACCOUNT PRIVilEGES. We hilve established this account for you with a billing cycles when you are eligible for'a Club Account, the -Margin-
Maximum Credit in the amount set forth above. 'rou may use this credit to will be equal to the Base Margin stated above minus the Club
obtain loans from time to time by writing checks in amounts of not less than Benefit stated abOve. During bml~ cycles when you are eligible icr
$100 or by using other methods whlch we may pennit 'rou authorize us to an Employee Account, the -Mllrgin will be equal to the Base Mllrgin
charse this llccount for those loans and for the Finance Charge, Annual Fees, staled abOve multiplied by the Employee Benefit
credit insunlnce premiums, if applicable, and any other amounts which you (iii) Calculation of the Annual Percentap Rata.. The Annual
agree in thIs Agreement to pay. Percentage Rate for any billing cycle will be the sum of the Index
Your account will consist of two periods, a Draw Period and a Repayment plus the Margin. Provided. however, that the ANNUAL PERCENTAGE
Period. You are permitted to make new loans from time to time, only during RATE will never be more than 18%; and that durina: any billing cycle
the Oraw Period. The Draw Period will end on the last day of the Billing Cycle when you are eligible for an Employee Account, the ANNUAL
in which (8) if you choose the Principal and Interest Payment Option, the tenth PERCENTAGE RATE will never be more than 18% multiplied by the
anniversary of the openlns of the account occurs, or (b) if you choose the Employee Benefit.
Interest Only Payment Option, the seventh anniversary of the opening of the (iv) Calculation 01 the DaBy Period)e Rile. The Daily Periodic Rate to
account occurs. be used in each bill;ni cycle will be detennlned on the first day of
The length otthe Repayment Period will depend on the balance in this account the billing cycle by dividini the applicable AIlnual Percentage Rate
at the end of the first billing cycle in the Repayment Period, the amount of youc b'j 365 (Of 366 in a leap year).
minimum payment and on the Annual Percentage Rate(s) which apply. 4. MINIMUM MONTHLY PAYMENT. The Minimum Monthly Payment will be
. We asree to pay checks, so long: as they do not cause the principal balance to due each month on or befoce the Payment Due Date. If)'ClLl haW seJected 10
exceed the ~Maximum Credit, which are dated, drawn and Issued on this have the payment automatically charpd to youc Chec.kIn& Aea:aunt, this. will
account by 'you during the Draw Period and received by us during the Draw occur on or about the Payment Due Date each month. The Minimum Monthly
Period or within five business days after the end of the DfllW Period, except as Payment will never be ireater than the entire outstandina: balance on the
provided in the following sentence. We will not pay any check dated, drawn or aCC(Junt.
issued byyou or received by us after this account is Terminated or during any (a) During The Draw Perlod. During each billing cycle of the Draw Period.
period when further extensions of credit are prohibited or suspended as the Minimum MonthlY Payment will be detennined by addine any unpald
provided in this Agreement You agree that any checks written on this account Annual Fee, any other fees, it applicable (but not including Late Charges).
will be only those chec\(s Issued by us for that special purpose. and amounts past due to the payment amount which is determined as
2. OVERDRAFT PROTECTION. If you have elected Overdraft Protection in follows:
connection with this llCcount, we will make a deposit to the Checkini Account (;) Princlpal';and Interest. If you have chosen the Principal and
Identlfiad abovewheneveryouwlthdraw from thatCheckina Account. eitt\er by Interest Payment Option, the payment amount will be the grealer of
writini. check from the Checking Account or in some otl1er way, more money $50.00 or 1.5% ot the Ending Balance reflected art the billing: statement.
than the balance in the Checking Account. The amount which we will deposit (ii) Intlll8St Only. It you have chosen the Interest Only Payment
will be the amount by which your withdrawal exceeds the balance in the Option, the payment amount will be the accNed and unpaid Finance
Checking Account, (Ollnded up to the next whole $1.00. However, the amount Charge and the accrued and unpaid credit Insurance premium, If any.
which we will deposit will be not less than $50.00. We will charge the amount (b) During the Repayment PerIod. Durina: each biUIng cycle of the
of tM deposit as a loan from this account. We do not have to make a deposit Repayment Period. the Minimum Monthly Payment will be detennlned by
to the Checking, Account if a deposit will cause the balance in this account to adding any fees, if applicable (but not including late Charges), and any
exceed the Maximum Credit or would violate the terms of this Agreement. amounts past due to the greater of $50.00 or 1.5% of the Ending Balance
Checking Account checks, which are returned, will be subject to OIJr regular at the end of the first billing cycle in the Repayment Period.
overdl'i!lft charaes. (c) Prepayment If you pay an amount greater than the Minimum Monthly
3. FINANCE CHARGE. At all times that this account is in effect, includins Payment in any month, this will not affect the amount of the next
the Draw Period and the Repayment Period and any period after Tennination payment, and you will nevertheless be reQuired to make the Minimum
in which there ~mains an outstanding balance on this account, the Anance Monthly Payment the next month. You may make payments in any
Charge will be calculated as of the last day In the billins cycle in the folloY/ins: amount in excess of the Minimum Monthly Payment and may pay the
way: entire balancEl Of any part of it lit any time provided that you pay at least
(a) When The Ftnanee. Charp Beons. 1M Finance. Charge begins to the Minimum Monthly Payment in iJny month when it 1s due.
accrue on the day each loan is posted to this account. There Is no time (d) Aftec Termlnatlon. If this account Is Tenni.,.ted during the Draw
durins: which Credit is extendecl that you do not incur a Finance Chars:e. Period in accordance with the "Termination of Acc:ount Upon Default"
(b) How We Detennlne The S.lanet On Wtllch The Anance Charae Is section at parawaph l1(a) on the reverse side, fur the ptUfl)OSeS 01
Computed., We compute the Finance Charge on the -Average Daily calculating the Minimum Monthly Payment. the billing cycle in which the
Bal3nce- (Including current transactions) in this account durini the Termination occurs s:hall be considered to be a cycle during the Draw
billing cycle. To get the Average Daily Balance, we take the beginning Period and all subseQuent cycles shall be considered to be cycles during.
balance In this account each day and add any new advances posted that the Repayment Period. If this account is Terminated during the
day; and subtract any payments, credits, late Charges, fees, credit Repayment Period, the cycle in which the Termination occurs and aU
insurance premiums and unpaid Finance Charges. This gives us the subsequent cycles shall be considered to be cycles during the
"Oaity Blllance; Then, we add up all of the Daily Balances for tha billing Repayment Period. After Termination, the Minimum MonUlly Payments
cycle and divide by ItIe total number of days in the billing cycle. The shall be calculated in accordance with this paragraph unJess we exert:Jse
result is the Average Daily Balance. our rights under the -Acceleration of the Outstanding Balance- section at
(c) H1Wf W. Compute The flnanca Chllrp. We will compute the Rnance paragfllph ll(b) on the reverse side.
Charp for the blUing cycle by multiplying the Average Daily Balance for 5. DISCLOSURE STATEMENT. PART TWO AND GENERAL CONDmONS OF
the cycle by the number of days in the billing cycle; and then multiplying THE ACCOUNT. See the reverse side of this disclosure and the General
the product by the Daily Periodic Rate in effect during that cycte. The Conditions of the Account These are incorporated herein with the same effect
result is the Finance Charge for that bilHng eyele. as if they were set forth above in full. Please read them.
Cd) Dally Periodic Rale And Annual Percentile Rata. The Finance Charge EACH OF YOU ACKNOWLEDGES RECEIPT OF A COMPLETED COP'( OF THIS
will be computed using the initial Daily Periodic Rate disclosed above. AGREEMENT (INCWOING THE GENERAL CONDITIONS OF THE ACCOUNT)
This corresponds to the initial ANNUAL PERCENTAGE RATE also AND BY SIGNING THIS AGREEMENT INDICATES YOUR INTENTION TO BE
disclosed above. These rates are subject to change each billing cycle as LEGALLY BOUND.
described in the "Variable Rate" section below. ~
(e) The Annual Percentile Rate includes only interest and no other h /J t1 A"l
charges. V ~...v<y~~ ..~~
(f) V.....tM Rl.te. The Daily Periodic Rate and Annual Percentage Rate So ower's Signature
applicable to this account may increase or decrease as of the flcst day.. . on ."
of each billing cycle. These chanps may be the result of a chanle in the B ~ I ~ n .
"Index- or a change in your eligibility for a Club Benefit or an Employee .I J 11"'.A (' ^~ ,
Benefit eo et's Sign re
Changes In the Annual Pert:entage Rate and in the Dally Periodic Rate
may Increase the amount of the Finance Charge you must pay and can
change the amount of and number of payments necessarY to pay this
account in fulL
(i) Index.. During billing cycles when you have a Regular Account or
Club Account, the "Index- will be the highest Prime Rate published
in \he "Money Rales" sectlon of The Wall Street Journal for the last
day of the preceding calendar mOl1th which is reported. During
billIng cycles when you are eligible for the Employee Account, the
"Index" will be tne highest Prime Rate publi$he<l in the "Money
Rates- section of The Waif Street Journal for the last day of the
preceding calendar month which is reported multiplied by the
Employee Benefit stated above.
(ii) Margin. During billing cycles when you have a Regular Account,
the "Margin" will be equal to the Base Margin stated above. During
cf'(), j- 'jJ-
Dale
f-JI 'q.)
Dale
Each Owner Signing this Agreement who is not a Borrower, and does not have
the right to obtain loans on the account, is qreelng only to be leplly bound
by the terms of this Agreement relating to the Mortgage, to the Mortgaged
Premises, and to insurance on the Mortgaged Premises. The Owner's liability
Is limited to the Owner's interest In the Mortgaged Premises.
Owner
Dale
Owner
Date
"
",,,'''''''''''M~~ m~v ""r.\
ORICINAL Yel\n'H' COPY. W~il! . COpy. While' COpy. Wt\iI! ~ V
lUll :s 0 1995
,1"11:; 1)'1',
, UN(lIII,
!_,tXtU,IL
lii:';1 r: ;;:,f!-!,iI':iT
I \ ',~'. 11:"I.'lll'.IIi"i!
1 I ' <;,1 . i .:t.iJ.~ :: t ( r
aSOSJeJ ~~ ~AalO
FEOERAL TRUTI!Ih-LENI>lNG DI:.ClOSURE STAT WENT . PAHr TWO
I:; 1;:'d,fJ II' I.Vlj.h'IW.'1 i~,'''1 [Ii MH! I "\1,1 (II \ H'~ ",1 :'!l ;'>\1 ,'(lNI)I fl(!fj'; 01 Illl ACCOUN r ['HE GeNt!flAL
'" j:.r [:.~C:; I f.ND 1111 ';)('1 ():\I !,Iir '.\ I: ',j[ ,'I: \ ,f I ,'"' 1!,[)('1'1 Sill\-" ~;,~I()\JLD m II[AD TOGETHER ;,:; ONE:
G. OTH(i~ CHM:GES.
[:.II (';sillg C,_s!s. It ap;:'i'~,,),,--, .....,~..dl t,:',jrg(:,_~,,; .' 'I'''h;j ',n,::
t-il'C n ~", ',m)Ul1ts ~;'I t'lll, !~!l tll!> GlsciOc,ure ~:r,jl, ' f':,,: iJ.:"
en Ih" :ri)nt' c( 'j", th~ "C!'_;':;.',\,'(, (is,,,,'' s~tb,)n
W) l~'(' ella' '(!$_ ~"',~ w;l! ..:iurgc 'tou a Latt! 01ar;~" ecil.'ai: ,;-,,,,,,",,t,-,,' <:'\
l1C:~ (5i:.) o! :l1e Pil,'rJ',.;nt lor ~"r;:l (1--,:,/,1', fl, ~j;Id;Il'J/r,
1,1;",1 n'jl m,',r!.-- ",,;illl\ l:\\h/,. III it" fll)" ",,-. i','I,- {,',t!'
\-11", !,.!, I.. ,JII': I~ II "1 '!';':.\~I: Ii,,; p,lYfllellt IS l;lIe i~ ;;:1 't..
{,) .'I.:.\J:""'t'l,)Jldlecl;ilrf:t!.3:.;;es$p.donanearlle. r:r
(ii;' "call_' ,1f:',r (!ef;ult 11,' \'(",~l, U',,; el1tire b::l\;;nc~ Oil .'lC'~OIJtlt is
a:"
(: I A' "ll,l( r,Vo. II "'i)I',\ic:b!,:, "'''2 will ChiJr~:"~ ;\llJ ar1 I'WII:111 re" ill an
'111:' .);;,i "rH"';!;l ill lht: !,1TI0 set k,rtll ~1f\ \l;;~ 'H,:',! ~;:j,-; .lI,d
, l 11) ,~,lr Uli:~Ie,;ft..r l.L,"rI,] Ih:" 01';'.'.' Pcri0d (,I) I::i: "';':('111 ,[
i!i ',1111 C,(:';]it line Chl:-ck Fee. \';',~ win ch,~rc~ YOlI a {..", I f ~2'; CO f,'Jr
__... c.:JU, . ";~~ \'. ,:t"~l ',,111W; aCCG'1Il1 ',,-1111..11 IS [ll(;p;-;dy !ji~!''')I\''''~i:' 1,,- w. h ,r
"ny r '." ," '.',iliclJ 15 Oili') LilliS t..ut '.'il:i,:fl r:,1U5'~S )'''rlr :",r'_'l'Jn(::'ii!
r;r'l1( _;1 ~.';II~nr.!> to eKcep.d 10\.l! Mi'>:l.lffiUITI Cre()it limit.
(2i SI,:p Payment Fee. \fIe will crlarge you a fee 01 $15_00 (( ".;0,1 r~qu",st
vs II., ',lcp r,(rrl1~111 011 a CIIF.C!< .....ritte.1T on this account.
SECUIl/TV INTEREST.
(,'l) YCI'.' ,H,j any c!her C'/ir.ers ot :il~ i\lortg<l~ecJ Prern;~",s 11,,1,....' i.'_:,e':,u!,'d a
t.'.uw,,-,;.., Wltll \i~, ,1;. rnorte<l[;=p', to secu~e the p~yment 0' oJl! mC!l('/ (jl,t!
under :11i:;, A~rc(;rne"t. including lutllr;! 3,l\JilnCes, The riElllt" ,ill(J GL;tl'lS r:t
y.'.ltl ,Jnej J~Y l)[her O;'l11"rs anrJ OlliS are "21 forth in tllis Agreemf'nt <Inri in
the t',~c,tli,ai">" ,'Ii:: ','I<\iw:: our security in th" r"l:Jr1gaced Prc'll'"",s il5 't) Mlj
'!irP.r:~,'j;' of u;ldit to tile e~le"l that It wO<.~(d c.o\lse the, lJu\~t?('C!II'i;
balanc(' !O ':;l:::'Jod tho MaXH11l1rn Crerill
(1.1) y"'I.,:,,,; ;',1\'" US;-\ sllcurity in\r:riO's.: in
(i) !,.j ,,'f yow on depo$it Wi:!l u~ TlI:s includes I,")-S ','n
dl:,:Jl,,'t ,..r molY b~ c!r;pcsiWd III the futur!! Wi!ll1l4 bi (-f1...;t:1
<lny ':" (]"i:(lo;,::~,> il1cl\:ljillg )0\\f '.-;p'"J\lse, \l ttio)ri! IS iI rjd,ltIlt 1J~:dcr n!i!".
Agl(o.,'rll~llt (11 ,he f.tortgillle we. all"" 1H1tlc~flQl!lr.:d l'y /$1. may S;;!t
olf "[';','1\1nls. ;;",'.~d under lhis Agreement against such r~epo3ils.
(ill Tu, prrI(:2,)J',S anQ relurn.:::d pr..miums of Bny Cletj:llrfe ;r1SllriHlC'~
Ivr:ici1 ,Oil may Ot;!;Wl ar 01 property inf-unlllce ,:ov~flng Ii;.:> r,.lwrtr.ar,C'J
P~-~I:H~~S ,1.nJ, If ilPplir.ilblc. ilolJ(l insurance
(ill) C;jll.atr':r~j ~€!cUril'g olher otlJigations to us may ~Isn <;"':;>11: Hli<;
a-::::Ou,l
PROPERlY INSURANC€.. Pil.>petty insur",llce <Jlll1. if apl;!ic.~ble, t:CQ(J
'JrJII(:\' a".' r":-'Jtlll,::J on the Mortg3ged Pri!rnis!Os_ You m,'ly ob1ilin th~se
ur,JT1.:es h'm ",,,. r'Nson of your ,;:hoice subject 10 our reasr:r'"I)I[! ,1Ppro'.'al
CREDIT INSURANCE, C,-edit Ii!>:! insurance, it ilvJllabl(!, i, I',et rd~IJire{j toJ
;;inu<cd,!
TAX DEDUCTI81Urf. Y0U sl1:'~I!d cons\J!t a !2~ ad':is,~, 10fP'(j'"g the
IIr:lllJ"'(" ,'jr-,t<'I(.:l arid (harr,?<, ie, this <:I~c.ol,ml
PI15~IBJ~' ,'tCilf.''lS \'JHtCH r.lAY BE TM{FN flY t ftlf'r.r1. "",10:1 ::~"~
;umM.a'ncl.'S {!~scr;tl::d below, lender c<ln (1) lemlin<lte tl,e acco,m(; (2)
~ire you !:J pay the en/ire oul!itanding balance on the .)Ccount in one
Trent; (31 r..-:!wse to mar.e additionaJ exlt:!nsions of credit; (4) reduce H:e
:it !ilnt; .;rj/Q( (5; mal-.>'! -specific chlmges lhat are set forth in the separate
::ral Cond:t:I;~;s of ,he ,A,ccount.
(3) TERMINATION OF ACCOUNT UPON DEFAULT. You vl;,'1 be in cJeftlull
and this .J::count wiil Tetminate, el'lectiv02 immedialely, u/Jon C;\if mailing
iI NO:I,e,,1 Tum:r"'::ltion to you if:
Ii) 'Ie',,: (C,mn',:l Irau,J or make a mat,:rial misr(,p'eO'€I~t-:t"}n in
ccm;1ecl:')!l.....iU-,!llls,,:.:cown(
{il; YO:I tail to mect any of the repayment term$ of thl,~ .~&re~n"~r,t k(
a \J'2(1':,:.\ ,,:,, ::'O':\i.l)'s
(III) API (:f \-'OU' ;:rct;Orl" Gr 'Iotlr f"ilure t':l uJ ~(l:C:I,i:\/ <l~'
S€':Uflt, IDI lIil'. ,Jr:cr,l~nt. or '11',/ (If nur fll) 11:; ill ~II~.I; :;'1:" I'
r~drl(,k, iHld 1',,( b'j -li.J'j \,1 hnll\,'\II-'rl, II ,'J\I tr:J(I' I,'~r Id:!
t.~urU;};-:L-cl P'CIC";CS, I,r tile :;(Jl,~ "':milr of the r..brtv,<\l'.'." i ['\i:I<,;
is nul',>':"':] ':rl :i:IS <'::~::'-lUld cll':!:..
;~j :'CC:::'::::,',7::::':; ;;r ;::r: c:..:ts:r;'NO~Hc. Oi'.l,i\NCE.
(IJ Uni, ~', pmlH:lted by law. if this account is Termin<:tOd by dAi>',ilt.
we In;;:" at l;.,'f c,;)tion. alter any notice required t,!, law ;)rl(J tile
t!'.',;Jira,IC'"l t:;f ar.y lime reQuirtld 0'1 (aw durifll; whk:ll you may Clll'l' il
delaull. rrecl;,rr. dl:<! .:;nd flaYi1bl~ tile ,~ntin': 1.1al"ncE: owing l'I' (hi"
,(:';,]Ltd if trll" i',:\,;Pt::II:" you will be re(IUI(;lrj to pili' f!!€ (.'L;I;I~1I1Clin5
l;-OI..n~." :1 Ii:;, ,,((0(.:':[ ,;n (lift! ~a'jnl.~r,t at (!'\"t tim,~ If Vi,:.' ?1re 111
cf;f/;ui' ,': .Ju '~',r .,r"J"J' I~ ~,"~d i'll1 ti!I,:,d ., T"l () IHI:d im\ n!>Ic( i)~ I' d UI':ln
f)""II: It!lrl',.~ 11\\~ r~,,':fi!:\;::nl \'(;llOd lJr Ill,rillg if tlm~ \"..'II"1l (his
T.:,n'H",j~eJ_ 11'(' rfl2IY, .1ft,:,r :.In\-' (I'_~;(;t", (~qli\;\,(j hi
.;m; i;rne rC(luil,~d t~j' )",'/ r::"il';; ....h,'il .. II
\.l<.:\~ u,,'J j'J.1,'.~Ue r,c c'lh,' ]l,)I,':J;,:i ",'.'r1l:
tiKI ,:n(II,~ I;,:!:",',,:I." riue .-,r;(! pc'-F" ,
IlOllllls (h:i~, h1r.:'::ic:," tl1.-: /,'1""'i,:.'!;", .( t,li,,~
,:1 C~ prQ\lr(!;;u L\'i l.i'li t'l I,;,;\h:.:\ l\'.~ ;, ':,I1(n
'-.lS'Jur
,r.{;llJr
~ 'J. tI,,~
"..,v.h,.)
,','.", Ln".
'J::,,'r
d'.',',;,:
\'1; :f\',)1I "rl"':, 1.'i::f.omcintl,r;:llJllll-0anexeCl:tiveofiiU!ll'llth r'::f)!Kt
to \':h:m ~,:d'.'rall;,# req::ires Ihat all credit granted ~y us be c.,:e and
J:: '~!~(j! G! al'l~': :~,~~~~, - ;I\\'~ ,r;:,~~~.~~~t~'i~71~\ ;'~t:'~~:o: ,i,,,;'-J },:'~~~l1:';~ '::
;.' c:- :: 11(~
SUSI'~w,:ori OF CfiEDlT PRIVILEGES OR REDUCTION OF MAXI1,lU~,'
EOn: .. r..! p,c "cl;1(lil'011$. li,,(ed in \I\\~ ~er;tion OCf.I;fS, we m'ly. IJj
'):'lg a (:1 c'ur OlC!ioil. tcmporirdl\' 5u~pc'1d your :or;il!tl' !u . t.1\l'lin
1$ Ir0m tlllS ....l.~O.Jr\t an'J/or reduce 1Il(~ [\l;l~irnwn CIC'it ,1~~'!ic,'lJ'", 11
Json,i11 d~lri"g an,- per,rJd in wllii:h
(ii li1e vi;!~'e wI the ~..10rtiJ.3ged Premises, as e\'i~tc'FC.:I h' ,111 J;:.pr.,vd
which ,w.' ol:ti:irl. I:.~s tk~lilied sipnilicar'ltly bEI,)w th;?-'i'~lr,1i,:,':i '.;l!\I\O
IJr i~e ('.f 1111'. ,KcaunL \V~ lll<l, fr':!ln !;n~'-' ::' l,'\.,: ,: ,!;,,:)
\ ; 1,' '. \ ;.'It ~: .: . " ,I f'I i.' III i 5 (! 5 :1: v II i' '.'.' I' l' 1\ - , ' If." " f' -" , ,i , ' I
"';'!"~ (;!, co' Ii! ,:>[' (",hJ<::'~ H\~ "m('\:",~ ,:" 1.1_""",,;
,,--,: ~ <.) i " ,'" I ~ ,C.I r:: (I'!; _ i; Ill~ 111 I h.' '1.,1 L~C ()!
",.",1,;", :;!', 1 lil,'~ v,llLC the. ,Mort'~>\!;i.-J Premise!> subseQuently_
'""" nlil}' f'I"\".I,. us \"1,111 a vmttcl1 reqlltJsl to rttr\10ve-the
1,",I.l:' :';;';', '...1\1(1-1 ll'ljl:L'",1 ~ndlllJe ar:C(lillpnnied by illl ::lppr;lIsal of
(I,.,," 1.:,';,:,';1 i'I~lni~as o('!,)irwd b.,. VO\f i'>t YOI.n t:'~pens(~_ For the
p::IJj~~'-! of tillS ~eCl,on, illl .~rprnis:-ll Sll,lll De dcfil1ed as a cert~tied
,'llpPI"ai j))':1 :iq',\~'."'d UI U'ltlil('d n.'JlII'~I;lt(! appraiSer,;]5 rcql.lHC<lby
/'1'.'( :" ~eell'i,I:(lIl. wilD Wf:II!,lrly. III [he course of bus.iness, rnakes
,: '::'.1r:;;lIS (;1 C(lrnp'1filhl~ rb,(ji!ntial reZlI ("Slate in the geograplllc area
'''.!IN') t!1<! ;\:10rt\;.W.cd Pr~l1lises ale locaWu
(irl W" l~,):.onably believ': [hal you will be w\3ble to fulIill the
F'p'1Yrn.:r~{ ebll,,:~lions un,kr this Agreement becilU$<3 of a malerial
ri~iln,;c ill your findncia( circumstances. From time to time we may
r[.qll"'! ,ntl t('l I-lrOVlde .1 ptHSon;ll finanCIal statement in n lorm
S\:!b\nOljgl'oOllil~hlanO:t~.. 1(lfJlfta8c~. You a.-;ree to
p:.-'"I{)"....;'.ll,il.lnclI:11 stilkrnen\ ID us. nr3.:uio"l th.JIloOne~th from
ti'i;':r.,:,;:r~~~:(, fl>q(JCS!, If Wl' r(!ilst'll::tllly iftM-! thllt'1tu ~ \.mab\e
1-, :.Iil',',i :,!"~ 1'~)\)~'mC'llt (l)1\ij:,l!i"1l bee.lllst! of a Illalerial change in your
11!1,1i!C',ll ((1llcJill'.JIl, \'ie mWt'ri<<ri,t.:nltl'i\lI1a-\ e-..tensionSJ)I.c;roolt or
r.~tl:WD (11(1 M~~lmuJll Crelll. drrtr'iiS'dtMnt. If you advise us thdt the
n.l.,rcr::ll ,~k1f\t\€l n\1 ~tUy~vjde LIS with'a personal
!'I1:;n~tdl cAiJten1(>n...~rt'Y!TJB9'I'.tif\i financial condition.
(III) ','JIJ l:lc or Jle pJaC-CrTliloi!l1krLiJJli;Y"-
(".", 'I,~:' .)re In dei,~\J({ (\1 any M<iteriCl) Dbligation set fort1l in paragraph
4 ,,~ tie Gi:t1eral Conditions (If the Account.
1\ \\li::. r:"CIlfl1W!I1CCS l,ft1 111'8 .eSe-ohibition of additional
,~,,\,:{1';10T;uotr.s"thIAquzt.ItVNIII MaJ(irnum Credit were
l'.I,~"/ l'1:;:11 c.:(I'IS~, to el:i~l. we SI1,I!! agalll be obligated to permit
IlI'.h-I\'SI,'I1-;, .-:,j Plx1i\ on :t'i~; ilCCOlJnt and to restore the Maximum
Crr!Ull. 1l1fl obligation sM.:!11 commence B business days after we
re,:",:VI; .1 WL!lCfl reqlle;;t Irom you ilccompi:l[licd tly fl1(sonable
"";C!,;I~U' \h",t \h;~ (".ondlliOil w)lich g,IVe rise tr> the prohioition no IUlIger
('.,j;,.1:;
\;\> PROHlOlTlDN OF ADD!TlDNAL EXTENSIONS OF CREDIT AND
REDUCTION OF THE MAXIMUM CREDIT. ADDITIONAL CIRCUMSTANCES,
........! llI<ly ,IISQ tl;lrtJpor,:mly prohibit iloditional eX(I:asiOnS of creditor ret.!llce
i"ur M-,(iI11;Ull Crc;(lil II any ilf file conditions I!:ted In tl1I!; section ~hall
r. L(,Ur ':,'e ",iiil gi'.!:' you ncJth:e nf (Jl\( action, 1\ Ihe circumslances loler
C~:1I1?" $0 tI1;,t,thl? cono!iii'}il).j:iWi'j.iXists. we shaH again be obligated
to a!i')'1I e'(\en<;\ons of C/'tM1. .Ji~~lf''l''.!!.lT:lre your credit limit. We will give
YC'.J noti~e th:,t the credit is a!li!.~_~aiI3bte.
(1) Tilt! I,i!~hast Prime UOfJUlJs1!~oneY'Rates~ section of
rl1~ ',',IaH Slreet J(lVV..III:e8a~_~ day 01 the preceding
<:ill"'I.(!,1r month .t.hi(.~;":~eu ptt~"~":e Margin equal 20% or
'co", Slf~SO.O
{itl TI"O!t";l<~1 of our ~te,~:mty ultert:!$l is adversely affected by
t;O'--""llnl<'r,l ~c(','n to HIi'! f.",!~'flt thalll1e I.'alue o( Ol-Ir sec\lrity interest
I", k th'!'f t;>O\ ofr'_)w I.hdmwn CreOOO.l
(Iii) We arr~ notified by our r,~glllatory agency that continued advaflCes
constitute an unsafe or unso!md prClctice. . ,."
{iv) We are precluded by gO~,~fI1ment actiC\n Irom imposing the Annual
Pr.rcentage Rate provided in this Agreement
12. PROHIBITION OF ADDITfONAl EXTENSIONS OF CREDIT' AT 'tOUR
REQUEST. AI\Y of :mu mily direct us to prohibit further extensions of credit on
t:',is ilCCnunt A notic~ by ilny OrlP. Qr ':OU that )'OU do net ,,,lend \0 be obligated
\,,1 ,njiil\;Ol1i,l IOilnS on tillS ar:Cl1lirlt shall be considered 2 request to prohibit
li1'thcr ;:::d.;>nO'lon'i ot cr'!dl\ on this a":collnt by ali 01 you. The prOhibition shaH
i'?Ulll1\' efte-:trve as soo.'1 as wa C,!rl ((!asonabl,' act (0 !i.\ep new loans from
b",'n~ miJde A.il oi you \'1~1O Me ol.'lig<lted Qn this account must reQuest in
""iti,1I' r('in~'t:il(:'l1ent ar.. this. <lcn'M"t lor the r~Que$llo be effective,
13. UMflATfON OF INDEBTEDNESS AT YOUR REQUEST.
{,J! If tl'.,:: Ml,liI!1:Iy'I~d. Prf:r!';';us i$ ILlCi'lh:!cJ, in Pennsylvania, this
':'!,r..lrr1i;1.1pll ::/10.11 "Dply II y.-JIJ d:,hl.'er 10 \.IS 11> wntten notice 'In the form
l""','.r'lh;d I:; 1,2 i'",r:.r.;;A~81'13('-} ilnd also deliver it to the r~ecorder ot
i), .'d$ It: li,,' '~>I'(H\'rrii\:(' r,l;lIn\y k-r rec:onllng (IS pmvid<'ld in !>aid section
GIU(e). 10'.J ",,,'11 !imlt Y"'lr ill-iddf'f'''OS5 Si~C\lr',".\ t,y tile Mortgaged ?r4;![t2is!!s
Ie- \l1e extenl provided by law, Th~ deliverv and recording 01 the notice will
r..'iea~'" L:S 1m,:)] ow obl\jo;ilt:cn \0 r))'~""e any"fwthcr 10ilns from this account.
(Ill If tn,> Mortff,'1L;ed Pr,~mi;,'~ is lo,;.ited in a state other than
1")"LI"')\'I~l\i;-" this SUbp,lri!W.--lpll ~iuH apply_ If YQU deliver to us a written
n-~':r,) i"~ill(!~t:r\1J thJt yl'ur i...:.1211\c~:;\"!ss st'clln~'d bj-" the Mortgaged Premises
I;~' l"I,'t.,,! t,_, tii' ,HI "'iII1! st::1L"! "I Ii' rlt1:i,:fl. th~ ind"l'tedness $!!Cured by the
rf~':l'~[':;NI:: h: Ilin!lcd ;11 ,)CcorrJilnce \'lith Ihe notice, if the notica
is r"l "'B'1 I")' ;iN1IrC,-1"/oJ bw o( the jUlisdiclion in which the
~.lr"i!:'-l!>.,J 1':"".li~.,-: I~ l'l(:l:~~'.1 ,1Ilrj ,i ~lICII notice is recorded as required by
I, i,'.'. rh..' .l.":iv\,,,' h u,; to! I' '~I(:'~ \~ill mll?;lSe LIS flom our (Jbligation to
,,,:.i "'Ij,f"r\I:',(I" '1',/"'-"11 ,--'i""l;nt
1'\. S1()I' !'A'l'....lUlI. ;"c)(:'.',iu;i1,; :"I;! laws ,'pplic"L':c lO stop payment of
~ II"'_~~' 1,1 COlli'" JIO~ \ \','/,h lh.. ~r;;f',<;;\; lions on regular checking aCCOiJnts shall
:', . '. . . dh?6,~; I!lvl;r !IllS Aer".tlfllc'1I1. 51cp paymenlordr:Hs are sublcct to the
S!,(,,:, Pa'fmen\ "ail cl'st.lc~1'J in tlle'Otl1er Charges" section of this Disclosure
S/;llerncIlL )'PIl ;llily plil::iJ " stOll p,wll1'ent order at any branch olfleo, or by
catl'ng U$ or v:r'!lilg us at tile f,'lIowlng address: Centralized Customer
.\' ,c',--' : '-~., ',-~.'.,<\..cll'l.~ ?:t~sbll'-gt1"PA 1<;-)?2 . .
J:. 'CX)'-'!~IIINIC!l,TioNS 'CON\;ERNII'IG QISPUTED DEBlS, All
tN~ln1l'lIic,'1i(1115 by ymt 10 us cc,ncerning dispuled debts. Including an
i:l~lrunl(;n: (CI1lkr('<\ t'lS fuH S(ltiS!,l':lion lIf the account, should be sent 10
CrHllralized C~'sloml)r A5,istancc. 2730 lihertv Avenue, PittsbIJrgh, PA 15222.
lG. C05TS AND ATIORNEY'S COMMISSIONS. If we lila suit or take other
~c!i.:,,, tu (','lIccl l!l1S <l~CIJUnt or prt'\..'~t 11le collateral securing this account we
;1,:111 d1,1rj;c' 5il,11 (nAs 1~\ you t'~gl'l'l('r will! cowt costs illld reasonable (e~al
f.-~_.'~, ;,,~rj C'l'lliV._". \)1 II;)\ I"",,s 1h.'ll\ 1 ,,":
1 7. GOVEliNING I.I,W AND CONI;TI1UCTJON. Tl1(S AgfC-e(\)C'nt hilS been
('Vislt',. W i" PvIU1~,'lv;,r'i;1 .-I'I,I.!! it'.lIIS Sli,ll! b~. e_\1C'nded l1y liS to you
1'<:;1I1~;)'I\dlljJ.,,\,,'[~:;r'.1I~ss Q\ ti!~, ,',W:' 01 Y1.;ur 1l:'~idt'Il(€' YC1U i:lgree /flat tho
""5 :~n.-j :":)'.'1',',,,,,; d :III~ !'L("':'PI;'''t ,;!Jdli I,'r; luwl~rned fly am! conslrue<! If)
":,\!;mc' w;lh \"~nl'-,;.,.l'-il"i.'l .111.] d,,"C ;'pplical)le. ledcldllaw:
jL:;:.
','_";r 8i'"
'iOlJ~ BILljN(; R!GtlfS Lr::E. if:!'; 'i'.rJCF. iC'~ fUTUHE lIsE
,~~-, .~ i ,''". ".' : i :,' . , I, - : I :
. r;,,: j, ~ f':' iI j, I.- ,\ ':)
'.:'"
'.," ~,,'
IT'
1~L'" ,! r, ~:lr'
1':,;'.'12\': ''''1','
",,'I','I1+'!",:'
';' ';;-7;~
".11
;1':1"
Ii ';'1" '''1 I;,'
'II'" r :,1 (\"tnlli;:cd Ct;:;tonwr
t;(l J_,.':> all<:r I'i . 5"nd you ~he first
lJIIJ"
~'(\U ,ir:l~ an,' vi: ,. .C" ;.,1 ~ d, ,d u'," ,;' . "'. iil oj
the i.1i~'~<t.';~. \\',; .,~ elll '" ,;r!:. III t:
eXI'~Il~.I(l1l <jl <I,'! I to 11", ,'. i1\ ,:'],,:
1',]:,1'11-,"((><''':'''''''' :,,;.,.., ;;1'" "..:.:
{b) \,-,\\ ';\':.'1)',i'0\' ,,'c.,:;,\' Iu,'o,\
(i) All (il Y"liI .. ,..II d, ,~.I v,l:1 " _, ...; ;1,.'
(1('Il(J~it "r,'lh, j, 11. 'i .'<, (:', L ',;:,-,,:. :'i!lJ
<III\' CQ-(kp"-.I(. 1\1",qi ",Il II y.:"- '"'' .
Al;r(.:erll~'lli ," : I: ". I,,~l, :~,,) .,.,,,
oft anlourll5 O\,,;<..l unul.'rllH,!I,)<.:cment",li,in,,;,;.,;.:, L;".'J:,I I,.
(ii) TIle proceeds and retlJ:netl p(em,o..lL,1S at ,.ll',' U'O.,I,f, ;,i1\! II.;;''';.> \,_~,
which you rn'\j' ;.:;lltilUl or 01 prop<'!rty insurtll1ce ,''1.,;rl!~ ;C,::) i,L",,,:".~ .j
Premises iHlc.!, It i1ppliC.lbk :1;)00 inslJfai\.:t<
lii,) Coll:lt,'!:,1 ,,;.,lJIill~: otiiL'r ol.digdl0i1S to u!:. n;,,'> ~J'd "'~~.:. ,'d....
:Jf;ClJlJllt
8. PROPERTY INSURANCE. Pr(Jj..;er1y inSIJr"n.:.e iind, ii ':i,~',;'::H;~~ Lc.:"j
inSllranCt' :He reflllJlL'd on tile r.'1ultg;;ged Pr<!n1is!:s Y,',u !11;,y lj!l!i;lrl {n""e
il1Surallft's from ,,;I\'I','r5(111 01 YCl\lr dlOlce subj.::cl tC1uur rc:l~On;,tjle ";);):,,,;,1
9, CREDIT INSUI{ANCE. Credltlir... ifl:illraIlC(', It ,wJ.I!e<llle, I~ Il:j! 1(:i"i!.:;ltJ
obtaincredil.
la. lAX DEDUCT1BIUH. You s!lOuld consul! a tax i:d"i:.<:,r Ii;gdl(llr,g 1'\8
deductibility of II)!N.,~i a!ld charge~; for this (lCCOlH11.
_lL-PQSSiSlE ACTIONS WHICH MAY BE TAKEN BY lENDE~. UI~dl:r the;
circuln:>lo"llces d,,~,t:.l'it:bJ bt,lr{l'I. L<'fLd~t Ci:ln (1) lerlllllkk the :'l:'.~'...II'I' c::)
require you to p;::, ,I:" Emlile O'Jlst;:l,~(iinG lJlIl:,!\,~~ on tii,'. In ~;",'
payment; (3) rdtl'ie leJ (llak~ adul!iuf1:31 e.,lem.i()ns Gr cr,',j!, ;,,,1.1.';,, 11':0
cred\i..hmtl~ ;'Imlro( (S'l m:oke spet:ihc chalige-s 11,:l\ <lfi.' ::.i::t K,,\i, Ir. 'L::" ~,:p:"."'e
Generill Concliliorl'iof the Account.
(a) TERMINATION Of ACCOUNT UFON DEFAULT. "I;." '"ill I.~ ,r, 'i,_'1:: ,;t
and l!lis i1CC0Wlt IVlil Te.(l11lnJ.l,"" ertllctlvo;: il.,!li<:(Jk\,,,','J, ,.,;,Cl~ " " \\,-,,\.\I~
a Notice ot TNm:('~lliOfl t(J YOl: if
(i) You cl,lwl.il flilllJ !If 1I1:'!"~ J 11i",:::ri:.::: ,1';'.1 ;1;r.:~.C .1.1:;',:; III
connectiol1 '.'.itl, l!ll~ aCCulHit
(ii) YOll lall [;J H,,,d ,'mil ot ,i10 r"'i':.,.iI1{;;-,l t~'rnl:' (;/:r ~ ,':".;k':ll-.;" :,,(
.\ pcriocl ot 30 ,L,y,;;
(iii) Any 1)1 ~'()I" ,1,.lions (,1 vow fJII.JI" hJ .Ict ,:rlv,',~di .-:;T.''-.L "-'U(
~,!cufily 1"1 !Iii'. ,j,;(ntll1t, rtl illlY 01 OtJl ri!.:11ls ill :>U;:!l ~"'I:lJr<ly; fUr
e~,1rI1ple, "lid !lul by way of limilrlll\)ll. 11 YO~I Ir,ln"I.~r lill!: 10 II,OJ
Mortppgi'd I'i l'1111~;CS, or Ille sol(> 0'....(1(>1'01 tho:> Mo,tl'.::i_;c;j PI....lni"e;. wrIJJ
i'$ obllgdl.,(1 on il1P:; <Iccoum dii!s.
~~-' (b)ACCElERATION OF THE OUTSTANDING BALANCE.
(i) Unless prol1d..l;ted by l;il"{, if this account IS -k'flni;,.,ll:d 1:'1 <i0f;'lilt,
we miJ.;I. ,): (l\,( o~)tion, i\~ter un;.' netic!:! re:l~\iro::LI t'i Iii,.... "Id th~
~xpiralion ~! "ilY time reQwr.:'d l>y !.lW during whicr. ,ou may CUI",,' <t
default, dE'..:.I,;;r,' dut;! ilnd Pilyabl.:l thi' entire. bal':'I~:,) ,;v;.ng :;11 this
ilu:ollnL II tlli', i1~'PP.I'l1.!\, '1('1l willl1e l(:(jui(ed to \\,"1 tf~ \\ut~\,l""~""i;
Ll<JI.Jllr;l: Oil UII. <I(;(:llLl1It 111 Oil!! P;I'ill1t:rll ilt Ih.it IlIlltJ_ II )'llU aiL' 111
default llll(ler tile previous :>t'!ctionlitled "T",rmll1..tinrl "r Account Ur,:m
Default'" d[,rifl:.~ !lIP. Rell;j'fL11enl Peri,;d lJr (turin~ ,( (1[1\". Whd\ \1;'0;
account is ,llr.'dy T(!rltlln;;wJ, we m..y., alter any 11'.:1"_" r....Qlw'Cd III
law and trl'! eXI 'Irati011 ot any tlrrle reqUired by I;;,w ,hrrlng Whl<.:11 '/cllI
rnaycllre" L1d"cllt, d,;cl"r.:: due "nd pJyiihl<! the Cllti,,; brllolncC o'.'.ing
0.11 tnis aCL")lIil~ II I'll.! d.:!cJ,"t' tno Dntlre 1~"I.lnce OUL' .1!1c! ~,1J';.\bk " i!
can bring "lIit r,;,r Ihe an1ow,ts due. 10re;:lo~c Ill': ~\!,;ft;';'b~' or T""e
otner aclic, iE perl1liltl!:J ('r provided Ill' I;Wi ;,) '.C'I I :1:;; LJal;,(,,~",
OWing.
(ii) If you a(.: or :H::conk [n Ilk futufe;;;n CX(<ClItl'<'C G;"._,=,r I'..th '~~1:2Ct
10. wnom f(!jf:r.;;_Jaw requir"s thaI ~I! Cri:jll gran!!:,;:J ~'" "_:: r,0 Clu~ (,:1.1
?a~@ifOO3em,~i'\d-:-fhen. (1\-iiif1g 5ouch"tll'fles- as fedi'ral1aw so requlr;:s,
all credit grJIl[..,d und...r this acCounl shall be (hie Jnu payable on
demand.
(c) SUSPE.NStON Of CREDIT PRLlIllEGES OR REOUCTION Of MAX'M~Jf,\
CREDIT. If ;lny r;1 tr,8 CO[l.iitioll~ listed in tlli$ st:!ction 0c:r:lir~, I.,e nl,lj, t,y
mailing a notice 01 uUI action, temporarily suspend i"ur~hilit'i iO OG:.'''il
loans from this .,ccour\t and/or reduce the t.1"ximum Cn,_/Lt i'lj::di..:aU1(! t,)
this account dl;riI1P. ;;ny period 111 which
(i) The ValllO! 01 tile Mort~<lF.L:rl Premis,::>. as evidQI1'~<:(! J',' "I] :ijJlj!-,1L~.J1
which we l,IAall', has de(:'[l'~d :;iglllficM,!I;l 1';,"10'" II,C ,.P:;li,,~.,.:I..1ILJ.,
1m (II,; 11IHP<'j~,"; f)I IIII~ ML ,nmt, ';It', IIUY lr\)rn In:;.. (r', 11I1I(~ c,i,t,I:!1
<lppriliS<lls.,f tl".! r'l1wt!l<li:L:,1 Plcmi"c;.i ,~l our eXpOClbt;, :: '.\.~ p!vl"IJlt
additionaI0:.:1(!nsiOns of Cr'hllt or reduco the amount r:( tn" :'.t'~lir,,'ln
Cf(!dit bec.'nl'ol: e,j n signll,uillt rler:lln.. In Ihe, v;llu<! (jr Ill" t\'l,'rti:i'i>J
, "','.""' ft lIUIl w,.n',.:,
U01USU 'A'I3JJt1IWIII :,',,,,,
li\ ...','J. ,,_ ,:'d:i ";',diLl [J'.' o!,
:,'.,r,tl_. ..1.,,,,1,, ::)..",1"
,!.I: :;.i',' 0.". ';l.f,', 'i',;:~ ti b...,;:"
..r,nd' ,I); .;"::(,1:1!-.::",,,.
~,:~T: fl',,: U :;',;' ;.:1-"
,,, .,,_;':';:',.J;I"
;'11 C:i.'J'i ,',e;
.:I',J "Li,.(Jj1;
;:,.,: ',';;''',_LuII
.' '1:, ~II:,' \~
[ X"c...;!;;
I,v,;-'gf.
,
" rlWllliiiTlOi, (IF ADDmOtiAl EXrU..SIOi.;; 0 CRWiT ANI
h;:'[Jt.;L lilli, ui'TIIE r,l,\:<i:,'IUr~l Cf{Wll A[;DITIO!,_':.ll.,:lqn\:.TAi,CE~
,.r. "'_ k/"l.>l,r.''';j pr,;.hlult adJlllClILjl €'!(iJS.I~'S co' .:redL: d ~f:,!\lC
1',:.;1 ere'-!I! I~ any ,)1 the .::onj,tloih A.!<:,,; 111 "1;$ ~.::~t;"n ,;r.a
~ll! \':", ,II ,;::i"'iJ iclll rK,tlC~ of 0ur ;);:.1.011 It th" elf, ,l:ih":,~':e~ ,at.
~.~ (;..,\tl\~ C.01\~~i"}'1'.iiJ.a"~H ,we s.:~~,:1 i>, ." t... ':::.Jl'li""te
",tl';,~I.::n,; c,f crt!'J':, .,r,...'"Irr,~l':';(e Y'_'" (;.,.11:' :,.r, ','." .~II! gill
!1.~tl]'iJ credit is a!i.':.i~_':.='ilililb)e
uo !"t,t,<:st Pnmc.1lAOWUOs~L~C;:l;:;'" '~:l'~" ~~c\..;) l
1 U: ~';",,' $tr.,et J.'L.1f........ieea~.~ -';3y Ih(! p'ecc'c1in
.LI":I(],,i 1:1(', ,lh \'ihK.~n!~t,;,'lf p:'U~~-'~i~ !f~":.;(l .:quill 2Ch C
Ili(l:e, SI,"~S().O
(1') n~'O!~[:I~i ,lJf our se..:urlty lI,terl:SI is ;:J"e!:ely at;~,:.tc!,~ b
governol.d,1 actl\);l!O the E!\tent that tne ',:)jue (.; OUl ~ec:unty In!i!reS
I''; less 1I;J,n 120% of \,ow Ma'-lnllJrp Cr.eOOO..1
(" " .,.c, I~otlfi(l(! by curreiIJI;it..ri 3!i&,-:'-.y !h:-' co~ ."'1I1~ct <Idv~I::e'
(".11',1,\1. ,; ,,rlllr.~,,,;iJ Gr unSGlIOJ practl'::"
{'.I ',';" ."_; i.':",:lld",rJ by i:(;':en~men! "ctiL;~ trGI-,~ "n.- ;IILi; t: '-' A: ,~U'.
1-',;rr:I;;,I ":'! l~:,tl:' pro'Jided in 111.,; A,;;rf:em""Jt
12 PROHIBITluN OF ADOlTlONAL EXTENSIO~IS or CriEDIT AT 'IOUI
(\~:QUES';"_ ;,1;/ ..1 Illil:.' ,Jim,;t !is to pI(,!libit 1\l;lh~r i .,elr, ':'."'15 or ..:rCC,t Co'
ti,\~ ' :i,,~..I1~ .; \)1 "ny on" e)l jO~1 Hlat yOU r.."J no: ,'llt!r : to t" obllg.'it(:(
;.J ;" eI::, .,1;'! J.. Ir,,, tillS ilC(Ollflt ~!;,)il L..:: COnS,(J,:r".i:> ;;;.:"est tv pr..:..~,ibl
I ,.11I ;' r l" ,'II ,.1'_ CI,S!, t 011 tillS il';l:r~'lH I t by 2>1; ,.; yO,. i r" ;;n,h, b; tion ,ha
l"',~c",,, <,~K,\.~ .b :..w;-' 3~ v;a C~ll ft::dSClnal)i, "r..t ,C' ~I''" ;,~w Ic:.'lros ;~On
t"jiiit: In.,::;! A:i 'jj ,'NI whe) are c:,bl:e.Jted GI1 lI;:s aC(,~'-I'" 'It.;;! r€:(W~;! i,
I', (,t: I ,~! r,'ln,;t :,t(;" Il,l1! c,n this ;,C(CHln! !;lr tl1;o r~"I' ,.5t te [;'t! ,. "L'1I~e
n UMITA'flUtl OF INOEG1EONESS 1\1 YOUR R(QUEST.
I.d IT tlh' Mu!lf~J!;l'(j f'n~lllis(:~ I'; locilku u: PL, !I~ylvd!lia. tnl
'Llljl',lr.jj}.':pll ;,1,,,11 <lPI,I:.'. It 1'(1(1 uI,ll'h'r to 11$" wlltk;, nL IC~ In Hu:: 10)(11
prl.:",ril.<.-.d by':? f'.IC,SA li81'13(c) "Ild <lb') (:'~i:vcr It 10 'he R;;l~ord('r 0
U.'cd~ Ifl IIII! ,JI!~-,.!()prioltc cuunt,' fur If!C(,rrJ,Il&: "," prv.-ije(~ in said s.eC:ior
gl:k\d,'1':'~1 \',I:IILnllt your mdcbtcc.!nc:.5 $C::lJr~'J 1;}I.li1t~ Mor1;:aged Premise~
b ti;.' (;'.LCO!;t I,,,.,/!(.I[:,J tJ)' :~l\"", TI~i;! ~'!h"t!r/ ,J11I1 ~,:::..:or.:.I"~ ,,' tilt! notice wi!
1~1":.,,e LIS lron, ,~'Ul "bli,{illicn t:J ;11ill;<: ,;;IIylllr:~',,~: Jo,lJ~ IfQI:, lh,s :,CCOWI\,
(IJl If fllo. r'i!"ng'lt;"j Pr"emi,.,s is. 10c"tcJ in :I ~"te o:;Uler thiH
i\;nn"ylv~fliil_ Ihi~ Sllt:'pdragr~ptl sholl I aprJlj. If y,'u Ck'livc! (0.) liS a \WlttCI
I\O\'.i';~ h~que~;\:r'l~ \1\::\\ j(1Uj ind~totec:lr1Cs~ Sct..llrl'd t'ylh.' Mor' '_::I(;I;'j Pfell1lSe~
l)tJ 111:111",(1 Lull" olllluWi[ stilled In the lIollct!. the I;Idebtt,Jn~" ~ SC'Cure-d IN lhi
1\1ortfaged Pr..ll;isirs Will be limited in accordance with ti:e n,:;,.,ce, iftbe notk:,:
i~ il\ th~ torm ;('.'1\\irfld l,'J applic<lt,\~ 1:'1"'1 01 1\),; )urlsoicti;... in which th.
J.;I011l;"Il;'(] Pr"ILii~es is l\lCated and if SUell notice: IS ra:':;lrde,:i a~ rcquir,,(j b:,
s~!cll i,,\V. The ddivery 10 us 01 the notice wili release ws Tlom .:ur Ob:Jg3tio'1 k
li~ilki: "n} IUr111d lc:Jans fr;Jm this iiCCt!lH,t
14. STOP PAYMErH. Pr'x";i)eilAle:; ~mJ lillV5 ,:lppli::abl" to io-,>P p3,ment t,1
lI'er.;~~ Iii CUTHlI-,;;liofl wittllli<! tral1s;,cIIOflS O~I reglllar Cll,;ckir,_; accor.;nts shall
;il)r,ij' to .;ht'cks :Inder l11is ,a,gr"emenl. Swp paym<:nt an:"rs ,,:~ .subii!ct to ttw.
~I"j! i'"y;jlen\ I~,~~ dl3closed in lhe 'OH,er Charges' seeton c: this D,ScJD~',ure
St:H6I!,fil,t. Y(al ;I);,}' plaCe a stOP rayrn..nt Circler "I any briF,.:h cffke. or by
,jilin\-: L6 ';r .,r,11I1g us OI( tI~e fol!:J.'.'lng !lcJdrl!;S: r~ntr.' ',ed r:us.t)ml!r
A5~I::L;;rIC,", 2/.jJ LIberty Avellu<l, PItt::.uurgn;fA L:'222. -. .
15. COMMUNiCATIONS CONCERNfNG DISPUTED DEBTS: All
communications by you to us concerning disput9d debtt. IncludIng an
instrumont tenderoo as full satisfaction 01 Ihe account. should be sent 10
Ce)fllrilJizcd CUSWllIcr Assistance, 2730 Uberty Avc:nue, p,ttsb"rgh. PA 15222.
IG. COSTS AND ATIORNEY'S COMMISSIONS. H we !I:" Sl, '. or Wi-.e olller
i:\.;;ti(111 (u cull.::\:\ thi::; aC\~Ollllt at \)fi..(;!ct \\\e C(}\\"I"I j\ ~\lf\nF. 'I,i:> ac>:-oon\ we
;,I;,dl Ol;lrl-',r, Slid: CD~ts to }'f)lllogLoth'H ,....itrl !':L;Un L Qsts :^.Id I 'i'l.:.ol1"blc I('sal
k.;~ ;'r'IIJ u.f.;eil~,il t!f nnt ,e~" frl)n 15,;;:,
17. GOV!ORr~ING LAW AND CONSTRUCTION. \11,1$ Ai',fet:,
,j,U'i"l,(J U'/ 1I~ ,rl f't:nn~yl>iiJni[l <!rId JII10ans ~Ila!i be e,:en(:
"I Fb;lI~/I'J,Jili" fl~[:ar(JI,~s$ oi tilt! 51alco ot ')'OIJr le~iden,::~ Yo~
[,:;rm:; .";I"i prrlvi,.'ol1~ 01 lhis AE;reeme!,t shall be go'.erne\; by.J
""CCic!;" ,C(! wilh P~:iI15yl..allia ilnrJ, '.'.d!"r<! c.r,,\I:t.<:t;le, fe.:eral
:;....,J
....._-----------------,- ,-- --
--- ~---.-._._._~-,,----'-----
YOUR BilliNG RIGllfS. KEEP nll~ Nunc!: fon FUTURE. USE.
...:111 l',as. {kell
,d by lI$t1.J 'lOll
agret"' (h"t the
\d cor.~,lrueJ in
':W
TI,i~ 110ll;,;e c0111ain5 ir;;!J,Jd301 illfcr:n;;l:ic:-; aL-,Jul yOl.1 rit:;hts <l"J ':;"1 :L:~.;..,)Il~,:I.'ilit;.;5 tHlder :Ole F~il (>ecflt Billing Act
Notify Us In Case ,1; Enuts 0r Questlo/ls About Yl)ur 8ill
If you think \"([1' 1'111 i~ I'Ir(;n(;, or il YOII Iwed rnO!e IlIfi,lIl1;;;ti(J[I ,0L:.L.1 ;) tr,,:;~JCI,'jl' ()r, J'ou'- [:.rll, write us 011 a s<<p<lr::ltc shed at C,"nt(j Ized Cu:;tomer
AssistilriC.:, 2730 l_illl'lly A'J,!llue, Pillsburgh. PA 15222, W..ilE:: ~o I,:; itS S:j';:\ ~5 ~'-'S5'bi<!. '//8 <illJ~1 i;,~dr flom JOU no liltel lhQn GO da~i; aft!:r '....e !>';'1(j yow the hr!;l
bill on which the ('nor nr problem .iPPE::arcd. 1'011 can tc!epl:o[:<., tl~, lllll J..;:I:l!. s,"} <,,::11 1)(1t i-l1'J~<:r\'i! ',.)0r rl:;,.!1ts
In ym1r I".tler, llivl' Ii$th(! luIIO'",ing infonn:ltion;
. Yourllaide il;ld account nwntler
. The dollllr .llncunt ot (l'le ,;u,;peciect erroc
. Describ,' !lIe "nor and ..:!~_pI2lill. if :.'ou call. WilY \<',JU 1;,,1,<;,..; t/J,"lt;:~ <ll' ;;rr\)L Ii y,:\! fleiJ,J fl10fe informJtioil, (h:~crl!;e HI!: iwm you ;j(oO' ,: ~w.: abollt
Your Rights and Olio' R,,>pOl1SiLJilil;'es Aft.;r 'f.'e R2ceive 'r'0:H ~'d.I!":-n NoIiL;J
We must <lCl\r:::wJ<.'''':ge :lour lett.:!r wiUlin 30 days, ,h""S~ "e )';<lvd c01lcdc(J lll;.= l:lr0f uytnen
Within gO days, WI' must either correct lhi' enor Cl( elplc.in Wliy We bL~ii",Jo; tile L;III \"I:J~ COffl:t.l
After we fCcelve your IcUer. we cannot try to collect "ny arnmml YOl' Qll<l5tIUIL, (jr f!'~J<,rt you :'s delim:ttlen!. \',e can continue to bill yoe tor l:\,;: 8m';"Jnt you
,~uestion. .includinG lin.-.nr.e charges, and we C<l(l apply aDJ' UllpiJl~1 amOl/ill JgiHl:'~1 ).mrr ,<.:(~dltlilll'l. 'tuU do not h,we to pay any qlJe~ti.)ned ,mO,J ',: Jlhil:! we Dre
Il1vesllgatmg, but YlJlI a:(! still obligated to pay tI,;: piirt$ of YuL!l lillllli.,( <lIe Ilu! rn q,I~,;I!l:1l
If we find Ihill \'liP, IlIiJde a mistake on your bill, you wiil nut Il;;ve to P2l,' any rilli>I1Cc <.-i",rf;<!i:; ,,_.Idl,-"d 10 <If1Y qu..SI:OII..d C111",ur:L If we. d./r"\" '-11.",,, mistake.
you may have to P3'{ Iln,'I[lcc charges. and you ,/,iIlI13VC tG i~'J:'_.c up (lny rnis".:rj Ildiwrilt$ 0:1li12 (1~<:::.tIOned amOlirlt In either case, 'N,-" will ~cild j ~,1 3 statement
oflhe amoLlntyoll .Me :1I\\J lh~ dille Ihatil i:;cllle.
IfyolJ faiHo p"y tl,(! arrlOlm\ that,we think you owe. we may lul:QIl,W ill:; Ueli[Il.!lie!lt l'IG'tiir"...r. if our .,,,planation dDe$ not s(l!,~fy yOL' .:md ,rlU write to us
within ten days tej\qlg liS that you slill (""fu,;"" h) pay, we mu!::lldl .myo:oe we rcpOIl 1'01.1/0 thi.ll YI.,U IIil'>it~ <:J question alJoul your bill. And. '.'Ii: iTI,ISt tell you the
name 01 anyonE:: Wi' r<!port<.'d YO\lto, 11I'0 must !<!II 21I1YOI1;.' we r,'purt you tv In.-It th.. :11<l1l<"'( hilS bl~"!\ s.:llIe.1l>etw€'!en :IS when it filliJlly is
II w,~ don't 1011,)1'.' tl,<'S8 ruleS. w.' CIlII't c0i1.",ll!h~ "hi ~!il)()(1 ,..I 1I1l~ qu"st.,m.::d aflh)Lllll. e'lo.:1l11 yl,ur 0111 Wd~ corred
'"
{)I)l"l(iOj/(",!'l.1.\ (I'~', I "
;~'."~' {', t..,,1,H:1
OOO.OOOOO9471Rev.J/95J
HOME'EQUITY LINE OF CREDIT ' IIII~II ~I~I~I~ 1111mlllllll~ GENERAL CONDITIONS OF THE AC~;U~'T~
A SEPARATE DISCLOSURE STATEMENT. PARTS ONE AND TWO. HAilE BEEN GillEN TO YOU AND ARE PART OF THIS AGREEMENT. THE DISCLOSURE,
STATEMENT, PARTS ONE AND TWO, AND THESE G.ENERAL CONDITIONS, BELOW AND ON THE ~EVERSE SlOE. PAGE TWO,..SHOULD'~BEREAD.
TOGETHER AS ONE DOCUMENT (THE 'AGREEMENT"). ., . ,,',' " '. ":,,, ""'.' /::':
~'''-".;'. Ilk...., ;,..tt..I'.;~.a natiOlt' Date: ,'lU9~",~,,;'~~;:~~"i:-:,i!&Jt..l;i:;,~~\,~;__~~~"
~~:;Borr~'(~;:==~B~';' , ,Accounl ,'';, ,,:;i::;;Jt;J~ii~~:;~~
l~' DEFINITIONS. In this'Agreement the following definitfon~'applY; "Agreement" means amolln!s advanced to prl)tectt~e security olt~e Mortga~ ~rfij~Jns~n~;. ~ .~,U! or',
this Home: Equity Une' of. Credll Atreement (which includes a separate Disclosure ClIl1eclton, , " ,,~', ." ,'~)r....:..1><,': 't.,: T. ~,;~~:1',;,,;:,.' .'.
Statement Parts One and Two;and these General Conditions 01 the Account). the Mortgage Ie}' To pay at least the Minimum Monthly Payment 'uch: ;onron or!'6efore/ihe~
and any amendment or addendum 10 this Agreem~nt ", . Pay(mdlenNlo~uleO Om'aleke' "'ns from Ih I" accoun't"w' hJ.,'c':'h WI:"I"'~c;a;--u:>t".e'.'0t'l~, ~outst~" {.~,'n:d"'!,;n\~' ,'n.~ce' ',"'n~,'
Partll..lotheApeemlnt;:.>:.:...r.' ': ~ ': . jf}.:j~;~.' ,'. ~:.'; .,:.1 I. I\IG 11<1 illaTal
;we';','us,~ :our" or ~Lend~.-means .the lender named,ab9ve or any person or entity 10 this account at any lime to exceed the Maximum Credit.which,wehavl now approved,or';:.
'..nom the "ghlS of lhe Lender ,have been assicnePJ ,,~,,:... , may approvut any time in the luwte. . ".,;;~' ~J.~i-~.,"', ~.);;:\,;:!\:'~~.:':
-You," "your,. "yours" Of "Borrower" means each and ,ev.erv,.person signing this Agreement . Ie) To immediately pay the amount of any loans in excess of the Max!mum Credit~+i,
as a Borrower, whether one or more persons silfi."'::.':~' :.,:, , : ':'. (Q To give us such personal financial statements as we may requestfrom,tirill! tDitirile:l:'
~;r:r :::~~:na~~h~' ~o~a~ p~~ ~~~~..~1a~~r~~p~~h:~:): a a~r~~r ~Ji~eU:c~~~~:~~~n\a\ion or .~~~~~~{~, ~,~:~,:.ti_~~:'~~f~;t~Yon:~~~,;",~~,
interest in the ltortrae:ed' Property, The Owner does'not have the right to obtain loans on ,(h} To perform all obligations under any. !Ilortgage:.9rsecur.ltY.lgreem>ent~hlch, ~.a~~,~
the account:" ,.:..~ ';.< /':!. ,r. ,:~', ,< ",; ",; . ,',: Pf!O~y wer tile Mortgage and topay aUta~~s~' charges or assw:m~~~ w.hlc~:mig~t~~V!..-;:
!~~~~ :~~~~:rneans~ ~~' ',1~CO~~1 which 'i~ not eligibi~~for a Club .Be~efit 'or an PrJ(ijitYT~~~ry~~ o~~~rea~ort~aPct Premi~~s:a~d rhat the'y.are~~~~~~~~re~~~~~(~r:
Emplo,ye,Benefil ,:,":'..;.- ."':0 ,-,-,., "'" . .':. "'. .';: ' "', . .,.. encumbrances now ol'record,., ' . " .'. ".'f' ...~~:,:*,;""~~~',1,:; r.?:' ,\:.:<~t:,~
"Club Accounr .means ,an '.account for which you. may. be eliiible and to which special' (jJ Thai you wjll notify us' immediately .'in writing if. yOu .chan;fyour ril$iden.ce.O(j.
terms apply, while you'are'a Qu,li6ed member of a speci6c Club Group which you have maiJina address, ",' .:;:,' ,'" .' ,:' .,I'J':'.;t :(~ifJ:4t~: '~:';-:;i;'~~1~;~
identified to us. orwhfte you qualify fo(a discOunt in accordance with the terms of one 91 (kJ That if. the Mortgapd Premises are~part of a condominium~.-:a planned:u,'niL
oUr blDking s!Jyices packages which win be identified on the Disclosure Statement as'a developmenlto comply with all by.l.ws. reiUlations,or' restrictiOns 'of.recoitf ;' .)t;/~~>"";
Club Group. You may be e1iaiblll for special terms ,throuah o,nly:oneClub Group at any (ij To keep the Mortgaaed Premises insured as provided in thif~men6\&{':';:;.j':;.
particu1artjme..~~ ;.( "/;'{:';;;'.:,-: .:>:;-- . '" '. ~ ", "',:.,:' /', ' . ., . . '" (m) Notto transler tiUe to the Mortgaged Premises'(ex~pt as ,provk!ed by federal, law):;"
"Employee Account"'means an acCount for which employees and retired employees of PNC (nJ To keep the Mortgaged Premises in goad order and repair:', "':(tp:~ ~,;.;.I >' ':'1..::
Bank Corp. 0( one of ltnlfiflltes. are .eligible (except that certain executive officers. (0) To permit our apnts 10 inspect the.-fdortglged rte.m~' ltOm timeQ{ ti~/iftet~',
~:;~/~~~~~~:~~::ye~O~~~~~'a~~~t'~:i~:: f~t~~;~I~eb Y::n:f,~ A~1~}af~/:30~E PROMISES ~E ,MTERIAL~~~L1GATlON; bNb1:~~~G~~tt~~
whlle,lhe Employee BeneFitalllllies.""', , ' ., ' ..,', 5. PAIMENI APPLICATION. We w~ u"llI)me"~ m,de'bMouJun;\'IlIl.>U"illtil~;
Othlrtlfms used in ibis Aanement., '" .~ ,:~~","" '. , ' . Finance Charges; Ihen to pay credit insurance premiums; if anY;'tfIeiQopay late.Charges;r{~
"aming Cycle" ~ea.,n.s the. interval betw,een, the dates on WhiC.,h monthly stalemen~ are if any; then to pay Ihe Annual Fee. if any; and then, to pay any. other fees; then~ pay~
prepared .. .... ..'. .... ... ..' .. amountsincunedt1)protecttheset\lrityoltheMortgage;.thentopay)lfincjpa~a{i~ ~
"Oraw Period" ~~~ th'e ~ pjiase;~ the accou~"d~ring Whi~h' you can obtain lo'ans. The to pay any unbilled finance Charges. Jl anyamounl of princlpal..is.;DOt, sec. .'
Draw Period belins after we-.pprove the credi~ you have.'signed this .Agreementand no Mortgap. that amount shall be deemed pail! before any,',am~nt ijIa( itSecu" . :b .
cne has rescinded tbiS.~t.withinJhe_time provided, under the Notice 01 Riaht to Mortgage. 'r:?"" .. :;)0'.1"'--.'("7'" '&:~~':" .~r:,-;:;:""'" '':r "'.<'
Cancel. . ',' 6. YOUR RESPONSIBI~ITIE~, '! ')lore than, one. of you.ha,s..~ig~ .!!iis Agr~emen~.aJ/.gf..{,
"Maximum Credit Umit" I)r "Maximum Credit" means the total dollaumount or credit you are equally responSlble"mdlvldualfy and together. to'us fonl~r.me,nt m:t,UI.tO.{,thlS,-;':
milable to you hom time to time. account and perlo~ance of all. obligations un'der this Agreement.',~~;~:. ',~?:<:r.~;~~
"Mortgage" muns the morWP or deed of trust given by the Borrower and/or the Owner 7. HOTICES. We will send nollces to you 10 your-last known addres$,In our files; Notice1':f.'
to secure this account ~~,.. ,;.' ' senllo that address. will be effec~ve for all pur~es under ~ ~r~~~~.wil!.~~:~::<
~ortgaged Premises" means the property covered by the Mortgage given to, secure this. them by regular mall unless applicable law requires us to .use ~ertirled orregistered ma.ll.i'i';
account as is more particularfydescribed in the Mortgage; .. "" Unless applicable law requires otherwise, a notice sent to any ot,you"sha,1 be conSidered,;t
"Payment Due Date" means the'date which will appear each month as the "Payment Due sent II) aU ofyou,~nda notice (eceived by an.y o(\eOfyoU:~Il'~~red re~~d ~~;
::-t~n b~~o~,"~nu~ ~~~:~~~:~:~ :i~h:i~p~:no~1 ~;~~tthe. day of. the. month . :~I o~~URANCE: . .:;~ '''':- ..' ;':. :-;( .;;.;~:':'-;:~:l~, .; ~~~k,:~~(~,
'Repayment Period' means the phase 01 the account after the Oraw Period has ended, tal We tequlre ~ou to ~ln a~ keep In fGl'ce pro~rt;f InS\lfa~e, \)f\ \I\e Mo,~ged;W
during which any remaining balance mu$l be paid. You may not obtain new loans during PremIses and to prOVide eVidence olmsurance 10 us. The msurance. mus~ cover loss 01 or.;
the Repayment Period. The. Repayment Period will begin wilh Ihe r,rst billing cycle . damage to lhe Mortgaged P remises and must be, in' such 'an'amount' as is SUtfiCh!n~'to,~'''';\.
following Ihe end of t~e Draw Period and will continue \lntil you have paid the balance in pfoteetour intel"e!.llf ltaOO inSUI'8OCt is 'e~uked byledel'lllht;loU.itl~ lo'obtain'ajld' .
lull. '.', . .'..':_.. .~', ,". keep in force insuranu in llteamounl required bylaw.A1!mt*Ill.m.name..u s.-aii: .
"ermination~ means that )'liu.wiU.no longer be able to, obtain loans or any extension or payee/mortgagee in a form acceptable to us-anD provide lor alleastlO d~ys noticit(1!S :&.
credit tin this account Termination affects the account permanently. 01 reduction in to'4tfage or callCella\ion. Yw mal obtain these insum.ce'ttl'iel1ges.flo!lt;,~
2.;" GENERAL DESCRIPTION Of THE ACCOUNt This account is a revolving loan account. any person of your chaice. II the Mortgaged Premises is located in'~ ~ate' olhe(t~'Ii!l ~"
sometimes caned a line of credit. U is secured by the Mortgage. You may obtain loans on Maryland. your choice is subject to our reasonable approval.':.i:.;).' '.;f-:-;i.': ",<:Jo;.';;:'~~-<,
this account in the ways described in the "AccaIll\t Privitee:ts~ sectiiln of the Disclosufe (b) \1 y1)\l lail to keep in lOlce plOperty insurance andJor,~it. applicable.~.nood~~
Statement uptD the Maximum Credit, during the Draw Period. loans will be added to the insurance and/or fail 10 provide evidence 01 such insurance to us, we-lilay notifyyo.u.that)$~t;
balance ot this account toberepiid by monthly payments. As the balance is repaid,the you should purChase the required insurancealyourexpense.lfyoufaffto purchasethel:
cftdit wiU again be a'fiilable to you duJing \beDnw?-eriod, upto the Maximum Credit. At insurance witllin the rime stated In the notice and/or lall 10 provide.us with eviden.ceof',:~
the end 01 the Draw Period. any outstanding balance will be repaid during the Repayment such insurance. we may purchase insurance 10 protect our. interest. to lhe:,extenl :..;-i:
Period.AFinanc.eCha'1ewifl bechaflted on the oUlstanding pnncipal balance at ra testhat permitted by applicable law and charge you Ihe cost of the premiums and any olheF~;
may cnanp ITom time \0 time. amounts we incur in purc~asing the insurance. THE INSURANCE WE PURCHASE Will BE';',:
Eaclt new rate will apply to Ule outstanding balance in your account and all new SIGNIfICANTLY MORE EXPENSIVE AND MAY PROVIDE YOU lESS"COVfRAGE':THAN'~~,'
borrowinp until the rate changes again. INSURANCE YOU COULD PURCHASE YOURSELf. At our option, we ,may treat :Ihese \y
II more than one name is listed above m the "Name ot Bonower{s)' setlJon, each premiums and lees as an edension 01 credit from this Account on which interesl will ;;:
mdividual named has IUtltarity to write checks or obtam funds from this account by any accrue or as amounts incurred to protectlhe security of the Mortgaae. "\'l",: . :S~
other means as we may, from tirne to time. permit without the signature or endorsement EACH Of YOU ACKNOWLEDGES RECEIPT OFA COMPLETED COPY OF,JHIS AGREEMENT.""'"
~ an) .".., Borrower. ' ~" '.,., (INCLUDING THE DISCLOSURE STATEMENT. PARIS ONE AND lWD;ANO.THE GENERAl!' ;
3. QUALIFICATION FOR CLUB ACCOUNT. To q"li~ for , Club Accounl (alfou h,ve CONDITIONS ON THE REVERSE SIDE OF IHIS DOCUMENT. PAGE TWO) AND BY SIGNIN ,
identified a specific Club Group which has arranged with us lor special terms, and you ~AGREEMENT INDICATES YOUR INTENTION TO BE LEGALLY BOUND.:' . ..,.:;.: :;r,"
have furnished proof o! m~mbership in su~h group. or (b) you qualify fo~ an An~ual ]) a /14 (j),~ /S Il ~ '7";{ 1- 9 :5:~;+
Percentap Rate reduction m accordance With the terms of one of our bankJnaservlces ~....:d(.....4_ -- ea,._ .--:;:o;:..,~"~
packages.Youl!illc~ase~oquali.fyforaC!ubAccounlif{althecontractbetweenusand /J 8o~r ersSlgnature J n " oa~,~) '~.~~:"'~.'~','~,
IheClllbGroupidentiRed lS termmaled Of II you cease to be a member olthe group. orlb' D J ~1-J ~rJ,^) ISeall fL-cf- ~';"-vi'~'
you no lonaer Qualify for an Annual Percentage Rale reduction in accordance with the Borrower's Sia ure Date ..:i-~",~t;
terms of one of our bankina services packates. Should any of those events occur. the: "'''',..',{:i~,~
terms applicable to this account will change as sel forth in tltis Agreement. Eaclt Owner signing this Agreemenl who is not a Borrower, and does not ~ave the right to"'':''''''
I(you have a Regular Account and subsequentfy notify us in writina of your eHaibilify to obtain loans on the accounl is agreeing only to be legally bound brtbe terms of this"
have a Club Account. we will send ,you an amendment to lids Aereemenl Ql1~ we receiv.e AgTument relating \0 the MOrtpge. \0 the Mortgaged Premises. and .tOinsUTarict."6" .
your executed amendmen~ we will alter ~he Annual ~rcentap Rate appllcable.to thIS Mortiaged Premises. The Owner's liability is limited to the .~wne(s.:!nteres.\'.i
account to rertect the benefits offered relating to the particular Club Account for whlclt you Morte:aged Premises.::..:. ,\.'~i'. ~',~
'lualify and the provisions in this Agreement reil-fdlng Club Accounts \lliU appty to this. :~ . ',','"':.-..;;-'"
accounL be2inning with the next billing cycle. fSeall '.'
4. YOU AGREE: Owner's Signalure Oate
'(aj . Not to write checks far lesS than $100.00
(bl To repay an amounts advanced hereunder together with a Finance Charge, as
provided in this Agreement You also agree to pay any other amounts which become due Owner's Signature
heteunder. The!.e il\tlurlt, as. applicah\e, elheT finance Charps. Other Chilrges. any Pf\GE OK~. SE~ Pf\GE TWO ON REVERSE SIDE.
OOO0000G947 (!lev. 719S) ORIGINAL. Yallow. BORROWER'S COP'l'. Whi!a. BORROWER'S COP'l'. While. COPY. While
.~':c.f}
. .,.'....,*"~.,'
,. ~~.~~fi'::;<.~
.. .....,'!i;--
(Seal)
Date
'::i-:;' I: \I,.i;
,
'. .. " ' "GE,NERALCONOITION~OfTHE,ACCOUNTi-PAGETWO; " ,,' .y.:..
A SEPARATE DISCLOSURE ~TATEMENT. PARTS ONE'AND TWO, HAVE BEEN GIVEN TO YOU AND ARE PART OF THIS AGREEMENT. THE'DISCLDSURE
STATEMENT, PARTS ONE'AND TWO; AND THESE GENERAL CONDITIONS, BELOW AND ON THE FRONT SIDE, SHOULD BE READ TOGETHER~,6..s ONE
DOCUMENT (THE -AGREEMENT"). ,- -...' '''''. "',' "".' .".,,:'.,'" ,_..~__ ;J~<j. .~;;:\ "~".~.
". ":'" I, .:.oA.~''l;'" ".:;,"'!",:,L,
9, CHANGES 10 YOUR AC_W.~~ moll!' lollowing changes 10 this account The st.temenlllQl,tu..blM"~""I~-..c_p.~1lI1<i!n~;;.
la) We may change Ihe Index and margin if the Indel applicable 10 Ihis account is made and the balance which yo......s<<Y<GbIIOa in writin'g of erroiS'in)he"{
no longer available, II we do so, we will choose an index with all historical movement statement wilhin 60 days fro~ iW!'......men(shaJl be Considered ;_'
substantiaUy similar l.Q tlie movement ollhe of(p,inallndet and Wt will choost a new cOllect and accepled by you. weneeonm man {ouamont if we_ deem this ,account .
margin'So thai the new index and new margin will result in an Annual Percenlage Rate uncollectible or if delinquency collection proceedings have been s!artedbY us.J(there is
SJJbstantiaUy similar l.Q l~e rate inelfBl;! allhe time Ihe original Index became un~vailable. more Ihan one borrower, each agrees Iha! if Ihe slatement _is sent to and acCepted by' any .
tbl We may make any change to ~hich you. specifically apee in w~iling. , . of you. il shall be considered cprrect as 10 and accepted byal!of:ro~: ",'~i~'i~;.\I-"t)
(cl, ~e may ma.ke a change lhat WIll unequivocally benef!! you dUring t!1e remallllng 12. CHECKS ON YOUR ACCOUNT. We shall relain all checks drawnon'youria.~OOtlnt,and ,,~
term 01 tillS account. , ,. . .., paid. " .',' ":":-l'~~<. .;.IJ,'t,;,:';;nj:~~~;;i',t'N
:Jrjd}~W8illl,maNl a change.'!'Ih!chls}nSI~lf~canl uJ)der appllcablelederal law. 13, REMEDIES CUMlILATlVE. _If any circumstance exi~1s whjcl'i"woufd~pennit,'tifi-tb
," , Ie) ,!f,.you, h,ave elecled ~ purchase credlllRsuranC,e, we IUY pass on 10 you any ,temporarily prohibitfurt~er edensions of credil on this account or'redu,ce lhe credillimit ,
Increase In premiums for lhallllsuranc.e. ';' ':\u ~ , ,. Dr terminale lhis account and:accele,rate' the Iiali"nce:-(al:"we lIl$~tak8 's'uCHj.!Ctlon _I ~,
(Q~jlf th.e Club G~ouP through w~lCh you oblalned your Club Account terminates lis time diiring which 'such circiimstanc!'conlinues to elist'iri~'{t~tour ~~edi!$luhder1tilS~
agreement wittI us ~r ~ no I~~ger available, you may: .... . . Agreement shall be cumulative and nol alternative. ','!<'l',' --lJ..:'.;'" .W' "Y~'J_::~~<):It:.
'(illdtl\t\{orlnwri!.ll\iiMVlClubGl'ooIlIlIVlhlthyou'tlea Quahlledmembel .' "',' --'''I; :"',,,,~::'y' fer.,':.... ,"~,\~:'.
and continue Ihis account subjecllo the rates, terms' and condilions governing 14. POSTDATED AND $TALE. DA~ED. CHEC~S. .~roced,~res}~~A~ws )~PJ.I.'!.~,I,e,}~, .
the Club Account! 'ofsuch newly identified Club Group. : ,. postdated, and stale dated checks, III co~nectlon With lra~s~ti.o~;.on l~iI!!aril~he,~ki.ng,,'
: ~~ Nomns in writing-that you do:oot wish 10 be'ob.Jigated for additional aCccltmts shall apply to checks under Ihls Agreement You agr~ no~)~ ISS,~~,~!d~~,:.
extensions of credit ullder..lhis acc~ulllin ac_cordance, wilh the terms and checkS., . ',' ,It!f 'l.~,~!~i);:.,:Ql~::.
conditions governing this accounl atlhetime ofyoufO:otice:'1f ata larerUme you 15. DELAY I~ ENFOR.cEMENT. We can. delay in en(orctng a~~ ot.our;5~p,ntv~.dtFtn!1' .~,
request reinstalement of this,account in aCCOrda~~e,with this Agreement. then Agreement ~Ithout loslllg them. A,ny waiver ~t~S ,01 any prOVISIon O!,!~LS"A~r~~e,~I:WJ~I)<
'; .. credil privileges wal6e reestablished under either p) or (Hi) of this subsection. not be a waiver of Ihe sa~e, or a~~;ot~~~, ~rov'slon o.~: a.rl.y,,~lhe.r:~,~~~on~ !j..l,I:~~~r:\.;~~, :,.
'," {iii) tn the, a~nte III a, oolificatioll to u3undeT either Ii} or Iii} 01 Ihis 16. ASSIGltltENl You may nol assignor otherwise trans'eqo,~qiahls ,and ,p';;yjJei~;:':
t 'su.b~clio'~.. maintlin an .Ilpe.n Regular .Accou.nt ~nd ,in.such case the balance IR under this Ag~eme,nl, or deJe~ate your ~b~igations 10 repaY),rIJ9~9,ts)o~' ~~~i~s6'AIiY~;
thr~, acc;ount will be subject 10 Ihe Oally Penqdlc Rat~ and Annu,~l Percentage attempt to aSSign ~r delegate will be vo!d and of no ~flecL.:We.njay ,~sslil1;any ~f\~ ~H-,9('~~
, Rates applicable to Regular Accounts.. ',' ,,::, .i' _" .. ' our rights under Ihls Agreement al any time wilh9ut your consenl A personlsllo:..,hom;~e,';<
(gJ If required by appli~able law, we wi!l mall,y04 a written .nolice prior 10 th.e assign, ~hjs Agreemen.t shall be enlitled to all of our, rig~ts. ~~de!~t.h!' Agr,ee~.~~t~o,r,~,of::
effeclive dale of any change, In accordance wllh Ihat l~~. of. any' changes made tt) thIS your rrghts or obllgatlons.shalf be afteeted bysuc~iSS;l~~'~l ':~ ~'lJt. .~ .mi)~, '~l;>i~:
account Changes will apply to outstanding balances and new loans except as otherwise 17. WAIVER. Borrower or:, Owner/s) waive aff' defenses basedion,surelyshil1';and*.i
stated in the notice...; . "! "~.:':i ,," ','.~ . .;;:' , impairment of collateral or security. ., ," J.: ',' :i:' ;~'~I("i, ' ' .') ',~,J~,,~~; \
lO.PEtIQ~lC,CR.~QI! R~tEW. At o.U{ ~pt\OO,;we may OO-taIl\'Updited tltd\~ butta\l 18. SEVERA81L1TY. Jf any provision of this Agre:em~'nt.Is'1!~lt'Jo'be inva'l~d~l'o!,"
reports and Income venfications on)'1lu as JS reasonably necessary to protect ou.r J.nterests. unenforceable, such delerminationshall _1101 aflect',the"Y~l.jditl~or ,.~fo(cea~iJily ~&%e L'
.11. '~O~THLY~~ATEMENTS, We Will send you a monlhly stalement for each blllJng cycle remaining provisions of this Agreement ,,' . .,.:., ,~. ,."o!. ,"" {"'t :. ~:':'~.;" !i11~~;:..
In ~~)~clirity isposted 10 yolir'accollnt; 19. OUR liABIliTY. We have no responsibiljty,!pr !ail~re. 01 any 1I1~~hine,:R)ercha~.~ or:,
(bfwe impose a Finance Charge to YOllr,~CcoLlnl; ,0[.,., _ _ . _ other party to hon.or checks or an~ olher mea~s,whIChWemay eer.mJlfromtime lo,tin:,~ ':
. . tc) if your account is governed by the laws of Kentucky or Ohio, there is a debit or to be used 19 obtain a toan from Ihls account
credjtbalancejnyo~raccount;irYllurad:ounlis governed by the laws of another state,
Ihere is a debit or credit balance 01 more than ~1.OOin your account. ' ",
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:ll 55 OPEN-END MORTGAGE OLHACS ~ 4342086
~ ~ (This Mortgage Secures Obligatory Future Advances) 175' r
TH'IS MORTGAGE is made on ,19 . The Mortgagor IS lTt/L
If there is more than one, the word 'MQrtgago~Wl~jn ~~rs to Jj~ and all of them. ThM1i4JWP III .mln J DUIClI .
The word "Sorrower" means ~ 1, '~\ ~'~ BaDk, llatiooal A.I.ociat1~.
"lh"e;'mo"'h.none.'he~wIrr-~e,,~T1i1'JI1,J1\U11 . 'l'tJ - J --1htJ ftJ5 ?-f{l(p{!t
Mortgagee has granted to Borrower a home equity variable rate line of credit, providing for a Maximum Credit Limit (that is, a maximum amount of
indebtedness) of ",,' . ".., ,~ Dollars
(U.S. $ "''!Ven'ty''n~'81~~f U/o1w9A written agreement (referred to herein as the "Agreemenl'1..-d~t~d ":. ", """" .
Mortgagee is 1Oi~""( terms set forth in the Agreement. to make future advances during the Draw Period of the~A.cco~nt,-w_.ricllp:.ttl9l1 day
. '" .' .'- .~. -.' .'.
of the monthly billing cycle in which the day years from the opening of the Account occurs. Mortga&~e is"ilCit obligated.to -maktadvances
10 ~ -_ _ - ~
which would cause the principal balance outstanding to exceed the Maximum Credit Limit, and is not obligated tcS" make advances after the ACcount is
terminated or during any period when further extensions of credit are prohibited or suspended as provided in the Agreement: By the Agreementr Borrower
has agreed to repay the advances in monthly installments, with interest. The terms of the Agreement allow for Changes in__ttle'interest rate..an.cftoe monthly
payment. :". :.-..._'_~_' . ,......' -
This Mortgase secures to Mortgagee: (a) the repayment of the debt evidenced by the Agreement, with interest and other charges as provided therein;
(b) the payment of all other sums, with interest thereon, advanced hereunder for the payment of taxes, assessments, mainfenance charges, insurance
premiums and costs incurred to protect the security of this Mortgase; (c) the payment 01 all of Mortgagee's costs of collection, in91uding 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 to protect the security of this
Mortgage; (d) payment of any refinancing, substitution, extension, modification, and/or renewal of any of said indebtedness, interest, chara:es, costs and
expenses; and (e) the perfo~lTIanceof Mortgagor's and/or Borrower's covenants and agreements under this Mortgage and the Agreement; (I) the repayment
of the debt evidenced by any-agreem'enrwfiich\yasreplaced 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, located at and known as:
,"'~
-52 W. HAl. S't,IlIllVILLII, PA 172411011,CIlIIBDLAIID
llecorcl1ng Date of OrigiDal Deed Jun. 12, 1987
Deed Book -., 8 32 Page ~ 605
Tax Parcel ... 27-20-1754-064
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The word .Property" herein shall mean all of the foregoing mortgaged property. :u
To have and to hold the Property unto the Mortgagee, its successors and assigns, forever. Provided, however, that if the Morti;gor and/or Borrower
,hall pay to Mortgagee the said debt, interest, and aU other sums, and perform all covenants and agreements secured hereby, then this Mortgage and the
!state conveyed by it shall terminate and become void.
Warranty of TIde. Mortgagor warrants and represents to Mortgagee that (a) Mortgagor is the sole owner of the Property, and has' the right to mortgage
!Od convey the Property; (b) the Property is unencumbered except for encumbrances now recorded; and (c) Mortgagor will defend the title to the Property
19ainst all claims and demands except encumbrances now recorded.
Default Mortgagor will be in default under this Mortgage upon a default under the terms of the Agreement.
Mortgagee's Remedies. Unless prohibited by raw, if Mortgagor is in default under this Mortgage, Mortgagee may at its option, after notice required by
lW, declare due and payable the entire unpaid balance on the sums which are secured by this Mortgage and owing under the Agreement. If Mortgagee so
ieclares such entire balance due and payable, Mortgagee may lake possession of the Property, collect any and all rents, apply said rents to the
ldebtedness secured by this Mortgage, foreclose the Mortgage, or take other action upon the Mortgage as permitted or provided by law to collect the
>alanceowing.
Remedies Cumulative. If any circumstance exists which would permit Mortgagee to accelerate the balance, Mortgagee may take such action at any
me during which such circumstance continues to exist. Mortgagee's remedies under this Mortgage shall be cumulative and not alternative.
Benefit and Burden. The promises, agreements and rights in this Mortgage shall be binding upon and benefit anyone to whom the Property or this
lortgage is lransferred. If more than one Mortgagor signs thiS Mortgage, each and all of them are bound Individually and together.
Delay in EntorcemenL Mortgagee can delay in enforcing any of its rights under this Mortgage or the Agreement without losing that right. Any waiver
'y Mortgagee of any provision of this Mortgage or the Agreement will not be a waiver of the same or any other provision on any other occasion.
Assignment. 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 determination shall not affect the validity or enforceability of
1e remaining provisions of this Mortgage.
WITNESS the sig g of this Mortgag
Bo~~
'Iitness
the date set forth above, intending tD legally bound. "
M~~.gor g~;:1 ~ )
Ml'2.gor ~ J. ll,"'li;1>AM ,
Iltness
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39<-
bOOK 1280 PAGE ....
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19(j"IIJ~ :--"i..".TO
ACKNOWLEDGMENT
STATE OF PENNSYLVANIA )
/), '."'/' ,J""'..." .[,,\ S~' '[1.' ',,'" .'.'ii'
COUNTY OF wW'loi!fuinf{. . .1 I.l_.. I".,),.,; ~ 1,1, ."".
1')J11.,:,'l':~a! 'rf!!..,1 '1.i1 .-iJ(,g JI-lq
On Ihl,,,2/51 d,yo! Au ",.;- . !\r9:S"'1 .'l,'fu.,~i8,tj'i ~#h'I!E!. ,q;r;if
the undersi ned 0 icer who certifies thit ~/she is no an officer or director of PNC- btnK: ),personally
appeared , known to me (or satisfactorily proven) to be the person(s) whose name(ij) is (are)
subscribed to tQt, ent and acknow edged that he/she/they executed the same for the purpose therein contained.
InWitn-'-i. ,', ,1:" derset my hand and official seal. (j,I!\VII bnA )OJ,::1J"I)T..V.lJl')t,.J";'
i'l~nlf ~%~{~~~~ Signature NotariaIS8al\"'~':
~ :'~, i"i Title q j Joann E:. Tritt, Notary Public
\ ~\~~i i!Jfi- My Commission Expires Aug. 8, 19 8
:~;.~.t'4'SVl.~.'~C) l AFfiDAVIT OF SUBSCRIBING WITNESS Member,PennsylllariaAs9odationofNolarias
......,,"4>>W'Mt1\~'\~.~rtgagor(s) acknowledged the Mortgage. Aftidavit must be taken in county where Property is located.]
Before ff1e"j\~mf.')'~~.ffi\iC (who certifies that he/she is not an officer or direclor of ),
personally appeared ' , the- subscribing witness
to the within Mortgage, who being duly sworn according to law, deposes and says that he/she was personally present at the execution of said Mortgage,
saw the within named Mortgagor(s) and sign as t\ls/her/thelr
act and deed, and deliver said Mortgage for the purposes therein set forth; and that the name of this deponent affixed thereto as subscribil1g witness is
of deponenrs own proper handwriting.
Sworn 10 and subscribed before me this
day of
Subscribing Witness
,Hi ,i.';...lJ1il') r ;,'1J.9'..L:.l.l.
"~ J .'1 '1'1. h""'1
Notary Public
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CERTIFICATE OF RESIDENCE
;. E. CJ.E<-L
~ 7 JO L ( bE'Rt- y a tiE-
,do hereby certify that Mortgagee's precise 'residence is
P/+r.'i../J,(lA<j1J ,P",- /5'.;:J.:J2..
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Agent for Mortgageel
,TATE OF PENNSYLVANIA
;OUN" OF ~6J Or>- c. hS I
!ECORDED on this ~ MY of ~ ~"9% . ;nth'r'fli h' ~e'iecorderOfDeedSjnandforsaid County.
n Mortgage Book V~ ~_ " page ~~ .
vrTNESS my hand ~n-d th~fflce the day an year aforesaid
Recorder
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bOOK 1280 PAGE 396
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0PNCBANK
Donald L Duncan
52 W Main St
Newville, PA 17241
Date of this Notice: March 23, 2006
J
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. vou must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30
DAYS OF THE DATE OF THIS NOTICE. Take this Notice with vou when you meet with the Counseling Agencv.
The name, address and phone number of Consumer Credit Agencies serving your Countv are listed at the end of this
Notice. If you have any questions. you mav call the Pennsylvania Housing Finance Agencv toll free at 1-800-342-2397.
(Persons with impaired hearing can call (717) 78Q-l869l
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 attomey in your area. The local bar
association may be able to help you find a lawyer.
LA NOTIFICACION EN ADJl.JNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A
CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE EST A NOTIFICACION
OBTENGA UNA TRADUCCION INMEDlT AMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING
FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN
PREST AMO POR EL PROGRAM A LLAMADO "HOMEOVvNER'S EMERGENCY MORTGAGE ASSISTANCE
PROGRAM" EL CUAL PUEDE SAL V AR SU CASA DE LA PERDIDA DEL DERECHO A REDlMIR SU
HIPOTECA.
HOMEOWNER'S NAME:
PROPERTY ADDRESS:
LOAN ACCT. NO.:
ORIGINAL LENDER:
CURRENT LENDER/SERVICER: PNC Bank, NA
Donald L Duncan I Beverly S Duncan
52 WMain St. Newville. PA 17241
040-03-048004057406
EXHIBIT
I
c
Member of The PNC Financial Services Group
Consumer Loan Center 2730 liberty Avenue Pittsburgh Pennsylvania 1522..:::
.
,
0PNC13ANK
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAYBE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM
FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PA YMENT~
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 DEF AUL T HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL,
. IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE
PAYMENTS, AND
· IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYL VANIA
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 COUNSEUNG AGENCIES --Ifyoll 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
countv in which the property is located are set forth at the end of this Notice. It is only necessary to schcdule one face-to-
face meeting. Advise your lender immediateJv of your intentions.
APPLlCA nON 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 tile a completed Homeowner's
Emergency Program Application with one of the designated consumer counseling agencies listed at the end of this
Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in
submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or
postmarked within thirty (30) days of your face-to-face meeting.
YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT
FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED
AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE
WILL BE DENIED.
Member of The PNC Financial Services Group
Consumer Loan Center 2730 liberty Avenue Pittsburgh Pennsylvania 15222
.
,
GPNCBANK
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 nns NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD
NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT.
(If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.)
HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it UP to date):
NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at:
52 W Main St, Newville, PA 17241
[S SERIOUSLY IN DEF AUL T because:
YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following
amounts are now past due:
Monthlv oavments in the amounts of $290.91 for each of the months from January 2006 through March 2006
Other charges (explain/itemize): Late Charges for $30.00
TOTAL AMOUNT PAST DUE: $824.54
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 $824.54. PLUS ANY
MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAYS
PERIOD. Payments must be made either bv cash. cashier's check. certified check or monev order made oavable and sent
to:
PNC Bank, NA. 2730 Libertv Avenue. 2"" Floor. Mailstoo: PS-PWLC-02-I, Pittsburgh. PA 15222
IF YOU DO NOT CURE THE DEF AUL T - If you do not cure the default within THIRTY (30) DAYS of the date of
this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire
outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in
monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender
also intends to instruct its attorneys to start legal action to foreclose upon vour mortgaged orooertv.
IF THE MORTGAGE IS FORECLOSED UPON - The mortgage property will be sold by the Sheriff to payoff the
mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal
proceedings against you, you will still be required to pay the reasonable attorney's fees 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 pav attornev fees.
OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other
sums due under the mortgage.
Memoer of The PNC FinanciaL Services Group
Consumer Loan Center 2730 Liberty Avenue Flttsburgh Pennsylvania 15222
.
.
0PNCBANK
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE-If you have not cured the default within the
THIRTY (30) DAY period and foreclosure proceedings have begun, vou still have the right to cure the default and
prevent the sale at anv time up to one hour before the Sheriffs Sale. You mav do so by paying the total amount then past
due, olus anv late or other charges then due. reasonable attornev's fees and costs connected with the foreclosure sale and
anv other costs connected with Sheriffs Sale as specitied in writing bv the lender and by perfonning anv other
requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your
mortgage to the same position as if you had never defaulted.
EARLIEST POSSIBLE SHERIFF'S SALE DATE -It is estimated that the earliest date that such a Sheriffs Sale of
the mortgaged property could be held would be approximately six months from the Date of this Notice. A notice of
the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default
will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by
contacting the lender.
HOW TO CONTACT THE LENDER:
Name of Lender: PNC Bank. NA
Address: 2730 Libertv Avenue. 20d Floor. Mailstop: P5-PWLC-02-1. Pittsburgh, PA 15222
Phone Number: (412) 76 or 1-800-878-0027
Contact Person: Beatrice Grates
EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of the mortgaged
property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove
you and your furnishings and other belongings could be started by the lender at any time.
ASSUMPTION OF MORTGAGE - You may not sell or transfer your home to a buyer or transferee who will assume
the mortgage debt.
YOU MAY ALSO HAVE THE RIGHT:
. TO SELL THE PROPERTY TO OBTAIN MONEY TO 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 DEF AUL THAD
OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE
YOUR DEF AUL T MORE THAN THREE TIMES IN ANY CALENDAR YEAR.)
· TO ASSERT THE NONEXISTENCE OF A DEF AUL T 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: I" Class U.S. Mail, postage prepaid
CONSUMER CRE~!~b\APIii~~qnMf~~rMRVING YOUR COUNTY (see attached)
Consumer Loan Center 2730 Liberty AVefiue Pittsburgh Pennsylvania 15222
.
.
0PNCBANl<
Beverly S Duncan
52 W Main St
Newville, PAl 7241
Date of this Notice: March 23, 2006
ACT 91 NOTICE
TAKE ACTION TO SAVE YOUR HOME
FROM FORECLOSURE
This is an official notice that the mortgage on your home is in default. and the lender intends to foreclose. Specific
information about the nature of the default is provided in the attached pages,
The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help save your home.
This Notice explains how the program works.
To see if HEMAP can help. you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30
DAYS OF THE DATE OF THIS NOTICE. Take this Notice with vou when you meet with the Counseling Agencv.
The name. address and phone number of Consumer Credit Agencies serving vour County are listed at the end of this
Notice. If YOU have any Questions. you may caHthe Pennsylvania Housi.!:!g,Finance Agencv toll free at 1-800-342-2397.
(Persons with impaired hearing can call (717) 780-1869).
This Notice contains important legal infonnation. If you have any questions. representatives at the Consumer Credit
Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar
association may be able to help you find a lawyer.
LA NOTIFlCACION EN ADJUNTO ES DE SL'MA IMPORTANCIA, PUES AFECTA SU DERECHO A
CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE EST A NOTIFlCACION
OBTENGA UNA TRADUCCION INMEDlTAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING
FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN
PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE
PROGRAM" EL CUAL PUEDE SAL V AR SU CASA DE LA PERDIDA DEL DERECHO A REDlMIR SU
HIPOTECA.
HOMEOWNER'S NAME:
PROPERTY ADDRESS:
LOAN ACCT. NO.:
ORIGINAL LENDER:
CURRENT LENDER/SERVICER:
Bever! v S Duncan
52 W Main St. Newville. P A
040-03-04800405740Q
\7241
Member of The PNC Financial Services Group
Consumer Loan Center 2730 Liberty Avenue Pittsburgh Pennsylvania 15222
.
.
0PNCBANK
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM
FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE
ASSIST ANCE ACT OF 1983 (THE "ACT"), YOU MAYBE ELIGIBLE FOR EMERGENCY MORTGAGE
ASSISTANCE:
. IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL,
. IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE
PAYMENTS, AND
· IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA
HOUSING FINANCE AGENCY.
TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of foreclosure
on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-
to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING
MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE
ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED
"HOW TO CURE YOUR MORTGAGE DEF A UL T". 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
countv in which the propertv 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 inunediatelv of your intentions.
APPLICA nON FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasons set forth later in
this Notice (see following pages for specific information about the nature of your default.) If you have tried and are
unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's
Emergency Mortgage Assistance Program. To do so. you must fill out, sign and file a completed Homeowner's
Emergency Program Application with one of the designated consumer counseling agencies listed at the end of this
Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in
submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or
postmarked within thirty (30) days of your face-to-face meeting.
YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT
FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED
AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE
WILL BE DENIED.
Member of The PNC Financial Services Group
Consumer Loan Center 2730 Liberty Avenue Flttsburgh Pennsylvania 15222
.
" .
0PNCBANK
AGENCY ACTION -- Available funds for emergency mortgage assistance are very limited. They will be disbursed
by the Agency undef the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty
(60) days to make a decision after it receives YOUf 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 difectly 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 INFORMA nON PURPOSES ONLY AND SHOULD
NOT BE CONSIDERED AS AN ATTEMPT TO COU~ECT THE DEBT.
(If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.)
HOW TO CURE YOUR MORTGAGE DEF AUL T (Brin!! it up to date):
NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your pfOperty located at:
52 W Main St, Newville, PA 17241
IS SERIOUSLY IN DEFAULT because:
YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS fOf the following months and the following
amounts arc now past due:
Monthly paYments in the amounts of$290.91 for each of the months from Januarv 2006througb LAS I.
Other charges (explain/itemize): Late Charges for $30.00
TOT AL AMOUNT PAST DUE: $824.54
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 TOT AI, AMOUNT PAST DUE TO THE LENDER, WHICH IS $824.54. PLUS ANY
MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAYS
PERIOD. PaYments must be made either bv cash. cashier's check. certitled ch~ck or monev order made payable and sent
to:
PNC Bank. NA. 2730 Libertv Avenue. 20' Floor. Mailstop: P5-PWLC-02-1, Pittsburgh. PA 15222
IF YOU DO NOT CURE THE DEF AUL T - If you do not cure the default within THIRTY (30) DAYS of the date of
this Notice, the lender intends to exercise its ri!!hts to accelerate the mort!!a!!e debt. This means that the entire
outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in
monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender
also intends to instruct its attorneys to start legal action to foreclose upon vour mort!!a!!ed property.
IF THE MORTGAGE IS FORECLOSED UPON - The mortgage property will be sold by the Sheriff to payoff the
mortgage debt. If the lender refers your case to its attorneys, but you CUfe 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, vou will not
be required to Dav 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.
Memcer of The PNC Financial Services Group
Consumer Loan Center 2730 Liberty Av~nue Pittsburgh Pennsylvania 15222
R
. .
~PNC13ANK
RIGHT TO CURE THE DEF AUL T PRIOR TO SHERIFF'S SALE - If you have not cured the default within the
THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and
prevent the sale at anv time UP to one hour before the Sheriffs Sale. You may do so bv Qaying the total amount then past
due. plus any late or other charges then due. reasonable attornev's fees and costs connected with the foreclosure sale and
anv other costs connected with Sheriffs Sale as specified in writing by the lender and by perfonning anv other
requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your
mortgage to the same position as if you had never defaulted.
EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of
the mortgaged property could be held would be approximately six months from the Date of this Notice. A notice of
the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default
will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by
contacting the lender.
HOW TO CONTACT THE LENDER:
Name of Lender: PNC Bank, NA
Address: 2730 Libertv Avenue. 2" Floor, Mailstop: P5-PWLC-02-1. Pittsburgh, P A 15222
Phone Number: (412) 76 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 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 DEF AUL THAD
OCCURRED, IF YOU CURE THE DEF AUL T. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE
YOUR DEF AUL T MORE THAN THREE TIMES IN A."IY CALENDAR YEAR.)
. TO ASSERT THE NONEXISTENCE OF A DEF AUL T 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: I" Class U.S. Mail, postage prepaid
CONSUMER CRElU,l;b<;;APtI!~nMt~~~RVlNG YOUR COUNTY (see attached)
Consumer Loan Center 2730 Liberty Avenue Pittsburgh Pennsylvania 15222
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Urban League ofMetro~oJitan Harrisburg
2107N6 St
Harrisburg, P A 17101
(717) 234-5925
Fax (717) 232-4985
YWCA of Carlisle
301 G St
Carlisle, P A 170\3
(717) 243-3818
Fax (717) 243-3948
Consumer Credit Counseling Service
2000 LingJestown Rd
Harrisburg, PA 17\02
(7\7) 541-\757
Finmcial Counseling Service of FrarL'<lin County
, 3\ W 301 St
Waynesboro, PA \7268
(717) 762-3285
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
CIVIL DIVISION
Plaintiff,
No. 06-3570 Civil Term
vs.
DONALD L. DUNCAN and
BEVERLY S. DUNCAN,
PRAECIPE FOR DEFAULT JUDGMENT
IN MORTGAGE FORECLOSURE
Defendants.
Filed on behalf of PNC BANK, NATIONAL
ASSOCIATION, Plaintiff
Counsel of record for this party:
Brett A. Solomon, Esquire
Pa. I.D. No. 83746
TUCKER ARENSBERG, P.C.
Firm #287
1500 One PPG Place
Pittsburgh, Pennsylvania 15222
Telephone: (412) 566-1212
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION, )
)
Plaintiff, )
)
\IS. )
)
DONALD L. DUNCAN and )
BEVERLY S. DUNCAN, )
)
Defendants. )
CIVIL DIVISION
Of--U'1O
No. Q~ 6150 Ci\lil Term
PRAECIPE FOR DEFAULT JUDGMENT IN MORTGAGE FORECLOSURE
TO: Prothonotary
Kindly enter Judgment against Defendants abo\le named in default of an Answer, in the
amount of $20,804.22, 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!........................................... $ 20,252.47
Interest from 6/2/06 to 8/14/06 @ $4.4478 per diem .......
Late Charges ($10.00/mo. from 7/06 to 8/06) ..................
329.14
20.00
Attorney's fees and charges through 8/14/06...................
202.61
'TOTAL ............................................................................ $ 20,804.22
"'ncludes 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.C.P. 237.1 on the date indicated on the Notice.
~n.e.
Brett fJi.. 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: Donald L. Duncan, 52 West Main Street, NeW\lille, PA 17241
Be\lerly S. Duncan, 52 West Main Street, NeW\lille, PA 17241
J'
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
CIVIL DIVISION
Defendants.
)
)
)
)
)
)
)
)
)
)
No. 2006-03570
Plaintiff,
vs.
DONALD L. DUNCAN and
BEVERLY S. DUNCAN,
TO: Beverly S. Duncan
52 West Main Street
Newville, PA 17241
DA TE OF NOTICE: July 27, 2006
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 MAYBE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU
MAY LOSE YOUR PROPERTY OR OTHER IMPORT ANT 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 MAY 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
T
r . olomon, Esquire
Attorney for Plaintiff, PNC Bank, National Association
BANK]IN280183-100001I,128769
. I
(
CERTIFICATE OF SERVICE
I hereby certify that the foregoing Notice was served upon the Defendant, Beverly S. Duncan, by
depositing thereof in the United States mail, first class postage prepaid, on the 27th day of July 2006, at
the following address:
Beverly S. Duncan
52 West Main Street
Newville, PA 17241
ett A. olomon, Esquire
Attorney for Plaintiff, PNC Bank,
National Association
BANK]IN:280183-1000011-128769
J
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
CIVIL DIVISION
Defendants.
)
)
)
)
)
)
)
)
)
)
No. 2006-03570
Plaintiff,
vs.
DONALD 1. DUNCAN and
BEVERLY S. DUNCAN,
TO: Donald L. Duncan
52 West Main Street
Newville,PA 17241
DATE OF NOTICE: July 27, 2006
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 MAYBE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU
MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS
NOTICE TO A LA WYER 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 MAY BE ABLE TO PROVIDE YOU
WITH INFORMATION ON AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELlGmLE
PERSONS AT AREDUCED 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
RG,P.C.
B ett A. olomon, Esquire
Attorney for Plaintiff, PNC Bank, National Association
BANK]IN:280!83,! 000011.128769
I
i
CERTIFICATE OF SERVICE
I hereby certify that the foregoing Notice was served upon the Defendant, Donald L. Duncan, by
depositing thereof in the United States mail, first class postage prepaid, on the 27th day of July 2006, at
the following address:
Donald L. Duncan
52 West Main Street
Newville, P A 17241
Brett A. Solomon, Esquire
Attorney for Plaintiff, PNC Bank,
National Association
BANK]IN:280183-100001I-128769
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION, )
)
Plaintiff, )
)
liS. )
)
DONALD L. DUNCAN and )
BEVERLY S. DUNCAN, )
)
Defendants. )
CIVIL DIVISION
~-Jf:'I1)
No. 94 51S0 Cillil Term
NOTICE OF JUDGMENT
TO: Donald L. Duncan
52 West Main Street
NeWllilie, PA 17241
You are hereby notified that a Judgment in Mortgage Foreclosure was entered against you on
/)/.1" / to ,200.6in the amount of $20,804.22 plus continuing interest at the
contract rate together with costs, late charges, and attorneys fees.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION, )
)
Plaintiff, )
)
liS. )
)
DONALD L. DUNCAN and )
BEVERLY S. DUNCAN, )
)
Defendants. )
CIVIL DIVISION
O(.-!S'l b
No. 94 5158 Cillil Term
NOTICE OF JUDGMENT
TO: Bellerly S. Duncan
52 West Main Street
NeWllille, PA 17241
You are hereby notified that a Judgment in Mortgage Foreclosure was entered against you on
, 200~n the amount of $20,804.22 plus continuing interest at the
contract rate together with costs, late charges, and attorneys fees.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION, )
)
Plaintiff, )
)
liS. )
)
DONALD L. DUNCAN and )
BEVERLY S. DUNCAN, )
)
Defendants. )
CIVIL DIVISION
6C.,.-J S'1 f')
No:>94 515€l Cillil Term
AFFIDAVIT OF NON-MILITARY SERVICE
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF ALLEGHENY
I, Brett A. Solomon, being duly sworn according to law, hereby depose and say that the
Defendants, Donald L. Duncan and Bellerly S. Duncan, are not mem of the military sel'\lice
of the United States of America to the best of my knowledge, infor I , and belief.
Sworn t?-~nd subscrib~~~: ~
this ~ day of ~ 2006.
~n.~
Nota c ~t
~EAlTH OF PENNSYLVANIA
NolarlalSeal
My Commission Expires: ~E:~~
!:xp,re$ May 23, 2009
Member, Pennaytvlnla A~-.-
BF2B1210 . -NnolNotartoo
(") ....,
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SHERIFF'S RETURN - REGULAR
'"
CASE NO: 2006-03570 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
PNC BANK NATIONAL ASSOCIATION
VS
DUNCAN DONALD L ET AL
SHANNON SHERTZER
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE
was served upon
DUNCAN DONALD L
the
DEFENDANT
, at 1905:00 HOURS, on the 5th day of July
, 2006
at 52 WEST MAIN STREET
NEWVILLE, PA 17241
by handing to
BEVERLY DUNCAN, MOTHER
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
19.36
.00
10.00
.00
47.36/
1/;l..(,!ot
So Answers:
-P'/2/:;;/ , . ,._ /v~
.,.. ~~-?-~";-;~:.:!c.;;:_ --t ~.......F
R. Thomas Kline
day
07/06/2006
TUCKER ARENSBERG
~ k I\)~
,/ . 6 '.
eputy Sher' f
By:
~
Sworn and Subscibed to
before me this
of
A.D.
SHERIFF'S RETURN - REGULAR
,'"
CASE NO: 2006-03570 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
PNC BANK NATIONAL ASSOCIATION
VS
DUNCAN DONALD L ET AL
SHANNON SHERTZER
, Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE
was served upon
DUNCAN BEVERLY S
the
DEFENDANT
, at 1905:00 HOURS, on the 5th day of July
, 2006
at 52 WEST MAIN STREET
NEWVILLE, PA 17241
by handing to
BEVERL Y DUNCAN
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
So Answers:
Sworn and
6.00
.00
.00
10.00
.00
16.00 /'07/06/2006
C~ 1/),(,/0'- TUCKER ARENSBERG
Subscibed to By:
.?pr.~~~;;}(;:"
:...</.?'
"I_~.,/.~J:~e.:~~_:..~
R. Thomas Kline
day
~ k: '6Jt.-r--
eputy Sher~f
before me this
of
A.D.
?
~
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
CIVIL DIVISION
Plaintiff,
No. 06-3570 Civil Term
vs.
DONALDL.DUNCANand
BEVERLY S. DUNCAN,
PRAECIPE FOR WRIT OF EXECUTION IN
MORTGAGE FORECLOSURE
Filed on behalf of PNC Bank, National
Association, Plaintiff
Defendants.
Counsel of Record for this Party:
Brett A. Solomon, Esquire
Pa. I.D. No. 83746
TUCKER ARENSBERG, P.C.
Firm #287
1500 One PPG Place
Pittsburgh, Pennsylvania 15222
(412) 566-1212
52 West Main Street
Newville, PA 17241
(Borough of Newville)
Tax I.D. No. 27-20-1754-064
r
t
r'
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff ,
) CIVIL DIVISION
)
) No. 06-3570 Civil Term
)
)
)
)
)
)
)
vs.
DONALD L. DUNCAN and
BEVERLY S. DUNCAN,
Defendants.
PRAECIPE FOR WRIT OF EXECUTION IN MORTGAGE FORECLOSURE
TO: Prothonotary of Cumberland County:
Kindly issue a Writ of Execution in Mortgage Foreclosure in the above matter as follows:
Judgment Amount........... ....,..........,......,... .... ,....,.........................
Interest from 8/15/06 through 3/7/07 at $4.4478 per diem ...........
Late Charges ($10.00/mo. for 9/06 to 2/07) .................................
$20,804.22
911.80
60.00
Attorneys' Fees and Costs ..........................................................
218.47
Sub-total............................................................,..................... .
$21,994.49
Costs (to be added by the Prothonotary)....................................
TOTAL
T~RG' P.C.
Brett A. Solomon, Esquire
Attorneys for PNC Bank, National Association,
Plaintiff
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Defendants.
) CIVIL DIVISION
)
) No. 06-3570 Civil Term
)
)
)
)
)
)
)
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff,
vs.
DONALD L. DUNCAN and
BEVERLY S. DUNCAN,
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF ALLEGHENY
I, Brett A. Solomon, Esquire, being duly sworn according to law, hereby depose and say
that the Defendants, Donald L. Duncan and Beverly S. Duncan, are not members of the military
service Qf the United States Qf America tQ the ,Y knQwled e, information and belief.
Brett A. Solomon, Esquire
Sworn to and subscribed before me
this \ 0 day of ~ ,2006.
My Commission Expires:
COMMONW
lTH. OF PENNSYLVANIA
Kelly NotanaJ Seal
City Of p~~~.,Z,otaty Public
My Commission ~ egheny ~
Member Pen" res May 23,2009
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYL VANIA)
COUNTY OF CUMBERLAND)
NO 06~3570 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due PNC BANK, NATIONAL ASSOCIATION, Plaintiff (s)
From DONALD L. DUNCAN AND BEVERLY S. DUNCAN
(1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
DESCRIPTION.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $20,804.22
L.L. $.50
Interest FROM 8/15/06 THROUGH 3/07/07 AT $4.4478 PER DIEM ~ $911.80
Atty's Comm % Due Prothy $1.00
Atty Paid $145.36 Other Costs LATE CHARGES ($10.00/MO. FOR
9/06 TO 2/07) - $60.00 -- ATTORNEY'S FEES AND COSTS ~ $218.47
Plaintiff Paid
Date: OCTOBER 20, 2006
( Seal)
By:
Deputy
REQUESTING PARTY:
Name BRETT A. SOLOMON, ESQUIRE
Address: TUCKER ARENSBERG, P.C.
1500 ONE PPG PLACE
PITTSBURGH, PA 15222
Attorney for: PLAINTIFF
Telephone: 412-566~1212
Supreme Court ID No. 83746
..
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
CIVIL DIVISION
Plaintiff,
No. 06-3570 Civil Term
vs.
AFFIDAVIT PURSUANT TO PA. R.C.P.
3129.1
DONALD L. DUNCAN and
BEVERLY S. DUNCAN,
Filed on behalf of PNC Bank, National
Association, Plaintiff
Defendants.
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
(412) 566-1212
. ...
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Defendants.
) CIVIL DIVISION
)
) No. 06-3570 Civil Term
)
)
)
)
)
)
)
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff,
vs.
DONALD L. DUNCAN and
BEVERLY S. DUNCAN,
AFFIDAVIT PURSUANT TO Pa. R.C.P. 3129.1
PNC Bank, National Association, Plaintiff in the above action, by its attorneys, Tucker
Arensberg, P.C., set forth as of the date of the Praecipe for Writ of Execution was filed the
following information concerning the real property located in the Borough of Newville, County of
Cumberland and Commonwealth of Pennsylvania:
1. Name and address of the Owner or Reputed Owner:
DONALD L. DUNCAN AND
BEVERLY S. DUNCAN
52 West Main Street
Newville, PA 17241
2. Name and address of Defendants in the judgment:
SAME AS ABOVE
3. Name and address of every judgment creditor whose judgment is a record lien
on the real property to be sold:
PNC BANK, NATIONAL
ASSOCIATION
c/o Brett A. Solomon, Esquire
Tucker Arensberg, P.C.
1500 One PPG Place
Pittsburgh, PA 15222
4. Name and address of last recorded holder of every mortgage of record:
PNC BANK, NATIONAL
ASSOCIATION
c/o Brett A. Solomon, Esquire
Tucker Arensberg, P.C.
1500 One PPG Place
Pittsburgh, PA 152225.
5. Name and address of every other person who has any record lien on their
property:
UNKNOWN
't ..
6. Name and address of every other person who has any record interest in the
property and whose interest may be affected by the sale:
CUMBERLAND COUNTY
TREASURER
1 Courthouse Square
Carlisle, PA 17013
CUMBERLAND COUNTY
TAX CLAIM BUREAU
BOROUGH OF NEWVILLE
TAX COLLECTOR
1 Courthouse Square
Carlisle, PA 17013
c/o Betty L. Hockensmith
108 West Street
Newville, PA 17241
BIG SPRING SCHOOL
DISTRICT TAX COLLECTOR
c/o Betty L. Hockensmith
108 West Street
Newville, P A 17241
COMMONWEALTH OF PA
DEPARTMENT OF REVENUE
P.O. Box 2675
Harrisburg, PA 17105
7. Name and address of every other person of whom the Plaintiff has knowledge
who has any interest in the property which may be affected by the sale:
UNKNOWN
The information provided in the foregoing Affidavit is provided solely to comply with the
Pennsylvania Rules of Civil Procedure 3129.1, and it is not intended to be a comprehensive
abstract of the condition of the title of the real estate which is being sold under this execution.
No person or entity is entitled to rely on any statements made herein in regard to the condition
of the title of the property or to rely on any statement herein in formulating bids which might be
made at the sale of the property.
I verify that the statements made in this Affidavit are true and correct to the best of my
personal knowledge or information and belief. I understand that false statements herein are
made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to
authorities.
Dated: \O-l~-Ob
By:
rett A Solomon, Esquire
Attorney for Plaintiff
Sworn to and subscribed before me
this \ 6 day of CF~^, 2006.
~1h\W
COMMONWEALTH OF PENNSYLV ANIA
NotaJia\ Seal .
Kelly J. Miza!<, Notary PubliC
City Of pit\SbUtW, Al\egheny eounty
M CommisSion Expires May 23, 2009
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
CIVIL DIVISION
Plaintiff,
No. 06-3570 Civil Term
vs.
AFFIDAVIT OF ACT 6
DONALD L. DUNCAN and
BEVERLY S. DUNCAN,
Filed on behalf of PNC Bank, National
Association, Plaintiff
Defendant.
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
(412) 566-1212
"
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff,
vs.
DONALD L. DUNCAN and
BEVERLY S. DUNCAN,
Defendants.
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ALLEGHENY
) CIVIL DIVISION
)
) No. 06-3570 Civil Term
)
)
)
)
)
)
)
SS:
Before me, a Notary Public, personally appeared Brett A. Solomon, Esquire, being duly
sworn, deposes and says:
THAT Notice of PNC Bank, National Association, intention to foreclose, pursuant to 41
P.S. ~403 (Act 6 of 1974), was given to Defendants on or about March 3,2006.
Sworn to and subscribed b~
this { () day of Q::: , 2006.
Not~~ ~ ~OMMONWEALlliOF PENNSYLVANIA
NotariaJ Seal
Kelly J. Mizak, Notary Public
CIty Of Pit1sburgh. Allegheny County
My Commission Expires May 23, 2009
Member, P.n~.y/van/a Association of Notaries
My Commission Expires:
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
CIVIL DIVISION
Plaintiff,
No. 06-3570 Civil Term
vs.
AFFIDAVIT OF ACT 91
DONALD L. DUNCAN and
BEVERLY S. DUNCAN,
Filed on behalf of PNC Bank, National
Association, Plaintiff
Defendant.
Counsel of Record for this Party:
Brett A. Solomon, Esquire
Pa.I.D.No.83746
TUCKER ARENSBERG, P.C.
Firm #287
1500 One PPG Place
Pittsburgh, Pennsylvania 15222
(412) 566-1212
,
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Defendants.
) CIVIL DIVISION
)
) No. 06-3570 Civil Term
)
)
)
)
)
)
)
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff,
vs.
DONALD L. DUNCAN and
BEVERLY S. DUNCAN,
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF ALLEGHENY
Before me the undersigned, a Notary Public in and for aforesaid Commonwealth and
County, personally appeared Brett A. Solomon, Esquire, who being duly sworn, deposes and
says:
THAT Notice pursuant to 35 P.S. 91680.403 (Homeowner's Emergency Mortgage
Assistance Act of 1983 -- Act 91 of 1983) was given to Defendants on or about March 23, 2006.
ft!Lire
Sworn to and SUbSCribe before me
this , 0 day of ~ fi\
~ 0\Q)Q
,2006.
-
My Commission Expires:
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Kelly J. Miza!<, Notary Public
City Of Pitlsb,Tgh A I' :~~1"'eny County
My CornmiSSK.'" '::>':P'"'' ivlCJ.V 23, 2009
Member, pen~sYlva~i~A;~-~~~;ti~~ of Notaries
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
CIVIL DIVISION
Plaintiff,
No. 06-3570 Civil Term
vs.
AFFIDAVIT OF LAST KNOWN ADDRESS
DONALD L. DUNCAN and
BEVERLY S. DUNCAN,
Filed on behalf of PNC Bank, National
Association, Plaintiff
Defendant.
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
(412) 566-1212
.
#
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION, ) CIVIL DIVISION
)
Plaintiff . ) No. 06-3570 Civil Term
)
vs. )
)
DONALD L. DUNCAN and )
BEVERLY S. DUNCAN, )
)
Defendants. )
COMMONWEALTH OF PENNSYLVANIA )
) SS:
COUNTY OF ALLEGHENY )
AFFIDAVIT OF LAST KNOWN ADDRESS OF DEFENDANT
Before me the undersigned, a Notary Public in and for aforesaid Commonwealth and
County, personally appeared Brett A. Solomon, Esquire, who being duly sworn, deposes and
says as follows:
1. That he is counsel for the Plaintiff in the above referenced matter.
2. That to the best of his knowledge, information and belief, the last known address
of Defendants is 52 West Main Street, Newville, Pennsylvania 17241.
, P.C.
Sworn to and sUbscribcg before me
this \ D day of ~, 2006.
:L-
COMMONWEALTH Of PENNSYLVANIA
Notarial Seal
Kelly J, Mizak, Notary Public
City 01 Pittsburgh, Allegheny County
My Commission Expires May 23, 2009
Member, Pennsylvania A..CIO!atlon of Notarle.
My Commission Expires:
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Defendants.
) CIVIL DIVISION
)
) No. 06-3570 Civil Term
)
)
)
)
)
)
)
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff,
vs.
DONALD L. DUNCAN and
BEVERLY S. DUNCAN,
NOTICE OF SHERIFF'S SALE OF REAL ESTATE
TO: Donald L. Duncan
52 West Main Street
Newville, PA 17241
TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of
Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County,
Pennsylvania, directed, there will be exposed to Public Sale in the
CUMBERLAND COUNTY COURTHOUSE
4TH FLOOR, JURY ASSEMBLY ROOM
ONE COURTHOUSE SQUARE
CARLISLE, PA 17013
on March 7, 2007, at 10:00 AM, the following described real estate, of which Doald L. Duncan
and Beverly S. Duncan are the owners or reputed owners: Please see attached description of
property.
The said Writ of Execution has been issued on a judgment in the mortgage foreclosure
action of:
PNC BANK, NATIONAL ASSOCIATION
vs.
DONALD L. DUNCAN and
BEVERLY S. DUNCAN
at Ex. No. 06-3570 Civil Term in the amount of $21,994.49,
,..~
Claims against property must be filed at the Office of the Sheriff before the above sale
date.
Claims to proceeds must be made with the Office of the Sheriff before distribution.
Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30)
days from sale date.
Exemptions to Distribution or a Petition to Set Aside the Sale must be filed with the
Office of the Sheriff no later than ten (10) days from the date when the Schedule of Distribution
is filed in the Office of the Sheriff.
Attached hereto is a copy of the Writ of Execution, It has been issued because there is
a judgment against you. It may cause your property to be held or taken to pay the judgment.
You may have legal rights to prevent your property from being taken. A lawyer can advise you
more specifically of these rights. If you wish to exercise your rights, vou must act promptlv.
YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION TO YOUR
LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO
TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN
GET LEGAL ADVICE.
LAWYER REFERRAL SERVICE
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(717)-249-3166
1-800-990-9108
You may have legal rights to prevent the Sheriff's Sale and the loss of your property. In
order to exercise those rights, prompt action on your part is necessary, A lawyer may be able to
help you.
You may have the right to prevent or delay the Sheriff's Sale by filing, before the sale
occurs, a petition to open or strike the judgment or a petition to stay the execution.
If the judgment was entered because you did not file with the Court any defense or
objection you might have within twenty (20) days after service of the Complaint in Mortgage
Foreclosure and Notice to Defend, you may have the right to have the judgment opened if you
promptly file a petition with the Court alleging a valid defense and a reasonable excuse for
failing to file defense on time. If the judgment is opened, the Sheriff's Sale would ordinarily be
delayed pending a trial of the issue of whether the plaintiff has a valid claim to foreclose the
mortgage or judgment.
You may also have the right to have the judgment stricken if the Sheriff has not made a
valid return of service of the Complaint and Notice to Defend or if the judgment was entered
before twenty (20) days after service or in certain other events. To exercise this right you would
have to file a petition to strike the judgment.
-2-
,....
You may also have the right to petition the Court to stay or delay the execution and the
Sheriff's Sale if you can show a defect in the Writ of Execution or service or demonstrate any
other legal or equitable right.
YOU MAY ALSO HAVE THE RIGHT TO HAVE THE SHERIFF'S SALE SET ASIDE IF
THE PROPERTY IS SOLD FOR A GROSSLY INADEQUATE PRICE OR IF THERE ARE
DEFECTS IN THE SHERIFF'S SALE. TO EXERCISE THIS RIGHT YOU SHOULD FILE A
PETITION WITH THE COURT AFTER THE SALE AND BEFORE THE SHERIFF HAS
DELIVERED HIS DEED TO THE PROPERTY. THE SHERIFF WILL DELIVER THE DEED IF
NO PETITION TO SET ASIDE THE SALE IS FILED WITHIN THE TEN (10) DAYS FROM THE
DATE WHEN THE SCHEDULE OF DISTRIBUTION IS FILED IN THE OFFICE OF THE
SHERIFF.
~
Brett A. Solomon, Esquire
Pa. J.D. No. 83746
1500 One PPG Place
Pittsburgh, Pennsylvania 15222
(412) 566-1212
Attorneys for PNC Bank, National Association,
Plaintiff
SF 281736
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Defendants.
) CIVIL DIVISION
)
) No. 06-3570 Civil Term
)
)
)
)
)
)
)
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff ,
vs.
DONALD L. DUNCAN and
BEVERLY S. DUNCAN,
LEGAL DESCRIPTION OF REAL ESTATE
ALL that certain tract of land with the improvements thereon erected, situate in the
Borough of Newville, Cumberland County, Pennsylvania, bounded and described as follows:
BEGINNING at a point on the Southern side of West Main Street, said point being 30
feet West from the West side of West Main Street; thence continuing along the Southern side of
West Main Street in a Westerly direction 32 feet 9 inches to a point at the line of property now or
'formerly of Bertha Holbey; thence along land now or formerly of Bertha Holbey, in a Southerly
direction, 130 feet to property now or formerly of the Borough of Newville; thence along property
now or formerly of the Borough of Newville in an Easterly direction, 32 feet 9 inches to a point;
thence by land now or formerly of Bertha James Kline and George A. Kline, her husband, in a
Northerly direction 150 feet to a point on the South side of West Main Street, the Place of
Beginning.
BEl NG improved with a two and one-half story frame dwelling house known as No. 52
West Main Street, Newville, PA 17241.
BEING the same premises which Viola E. Williamson and Elanor K. Heffelfinger,
Executrices of the Estate of Lulu E. Finkenbinder, by Deed dated June 11, 1987 and recorded in
the Recorder's Office of Cumberland County, Pennsylvania on June 12, 1987, in Deed Book
Volume 32S, page 605, granted and conveyed unto Donald L. Duncan and everly S. Duncan,
his wife.
Parcel No. 27-20-1754-064
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NA nONAL ASSOCIA nON,
CIVIL DIVISION
Plaintiff,
No. 06-3570 Civil Term
vs.
DONALD L. DUNCAN and
BEVERLY S. DUNCAN,
PRAECIPE TO SETTLE,
DISCONTINUE AND V ACA TE
JUDGMENT
Defendants.
Filed on behalf ofPNC BANK, NATIONAL
ASSOCIA TION, Plaintiff
Counsel of record for this party:
Brett A. Solomon, Esquire
Pa. I.D. No. 83746
TUCKER ARENSBERG, P.C.
Firm #287
1500 One PPG Place
Pittsburgh, Pennsylvania 15222
Telephone: (412) 566~1212
BANK]IN:288 128-1 000011-128769
..... ,.
.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
CIVIL DIVISION
Defendants.
)
)
)
)
)
)
)
)
)
)
No. 04-5150 Civil Term
Plaintiff,
vs.
DONALD L. DUNCAN and
BEVERLY S. DUNCAN,
PRAECIPE TO SETTLE. DISCONTINUE AND V ACA TE JUDGMENT
TO: PROTHONOTARY, CUMBERLAND COUNTY
Kindly settle, discontinue and vacate the judgment in the above-captioned matter in favor of the
Plaintiff, PNC Bank, National Association, and against the Defendants, Donald L. Duncan and Beverly S.
Duncan.
By:
n, Esquire
Pa. J.D. No. 3746
1500 One PPG Place
Pittsburgh, Pennsylvania 15222
(412) 566-1212
Swo'l)J.o. and subscribed before me
this'~\ day of November, 2006
N~\ 1h1Q
rH
Notatl8I See! ~v.
f'Jt., KSIy J. Mizak, ~ PublIc
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Mem ~~MaY~
bet, PenllSylvanfa Ass ' . ' 2009
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My Commission Expires:
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PNC Bank, National Association
VS
Donald L. Duncan and Beverly S, Duncan
In The Court of Common Pleas of
Cumberland County, Pennsylvania
Writ No. 2006-3570 Civil Term
R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ
is returned STAYED per letter of request from Attorney Brett Solomon.
Sheriffs Costs:
Docketing
Surcharge
Law Library
Prothonotary
Poundage
Levy
30.00
30.00
.50
1.00
53.44
15.00
$ 129,94 V' l}v l:l/O~/C"
s~.~~~
R, Thomas Kline, Sheriff
B y,,-_h o\.H ~wcr\-~
Real Estate ~ergeant
~0
I. '"
tk.. 5(., ~30
-~
a<.LC-r / J'~/j 7
Ii
.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
CIVIL DIVISION
Plaintiff,
No. 06-3570 Civil Term
vs.
AFFIDAVIT PURSUANT TO PA. R.C.P.
3129.1
DONALD L. DUNCAN and
BEVERLY S. DUNCAN,
Filed on behalf of PNC Bank, National
Association, Plaintiff
Defendants.
Counsel of Record for this Party:
Brett A. Solomon, Esquire
Pa. I.D. No. 83746
TUCKER ARENSBERG, P.C,
Firm #287
1500 One PPG Place
Pittsburgh, Pennsylvania 15222
(412) 566-1212
(
I
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Defendants.
) CIVIL DIVISION
)
) No. 06-3570 Civil Term
)
)
)
)
)
)
)
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff ,
vs..
DONALD L. DUNCAN and
BEVERLY S. DUNCAN,
AFFIDAVIT PURSUANT TO Pa. R.C.P. 3129.1
PNC Bank, National Association, Plaintiff in the above action, by its attorneys, Tucker
Arensberg, P .C., set forth as of the date of the Praecipe for Writ of Execution was filed the
following information concerning the real property located in the Borough of Newville, County of
Cumberland and Commonwealth of Pennsylvania:
1. Name and address of the Owner or Reputed Owner:
DONALD L. DUNCAN AND
BEVERLY S. DUNCAN
52 West Main Street
Newville, PA 17241
2. Name and address of Defendants in the judgment:
SAME AS ABOVE
3. Name and address of every judgment creditor whose judgment is a record lien
on the real property to be sold:
PNC BANK, NATIONAL
ASSOCIATION
c/o Brett A. Solomon, Esquire
Tucker Arensberg, P.C.
1500 One PPG Place
Pittsburgh, PA 15222
4. Name and address of last recorded holder of every mortgage of record:
PNC BANK, NATIONAL
ASSOCIATION
c/o Brett A. Solomon, Esquire
Tucker Arensberg, P.C.
1500 One PPG Place
Pittsburgh, PA 152225.
5. Name and address of every other person who has any record lien on their
property:
UNKNOWN
6. Name and address of every other person who has any record interest in the
property and whose interest may be affected by the sale:
CUMBERLAND COUNTY
TREASURER
1 Courthouse Square
Carlisle, PA 17013
CUMBERLAND COUNTY
TAX CLAIM BUREAU
1 Courthouse Square
Carlisle, PA 17013
BOROUGH OF NEWVILLE
TAX COLLECTOR
c/o Betty L. Hockensmith
1 08 West Street
Newville, PA 17241
BIG SPRING SCHOOL
DISTRICT TAX COLLECTOR
c/o Betty L. Hockensmith
108 West Street
Newville, PA 17241
COMMONWEALTH OF PA
DEPARTMENT OF REVENUE
P.O. Box 2675
Harrisburg, PA 17105
7. Name and address of every other person of whom the Plaintiff has knowledge
who has any interest in the property which may be affected by the sale:
UNKNOWN
The information provided in the foregoing Affidavit is provided solely to comply with the
Pennsylvania Rules of Civil Procedure 3129.1, and it is not intended to be a comprehensive
abstract of the condition of the title of the real estate which is being sold under this execution.
No person or entity is entitled to rely on any statements made herein in regard to the condition
of the title of the property or to rely on any statement herein in formulating bids which might be
made at the sale of the property,
I verify that the statements made in this Affidavit are true and correct to the best of my
personal knowledge or information and belief. I understand that false statements herein are
made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to
authorities.
Dated: \0- t~-O"
By:
Sworn to and subscribed before me
this \ (\ day of (\')G~)/~ 2006,
'" ~ .
My Commission Expires:
BF 281736
COMMONWEALTH OF PENNSYLVANIA
NotariaJ Seal
Kelly J. Mizak, Notary Public
City Of pittsburgh. Allegheny County
My eommission Explres May 23. 2009 ,
. f 0' Notanal"
Member, Pen:-1sylvania ASSoclalon ' '
-2-
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Defendants.
) CIVIL DIVISION
)
) No. 06-3570 Civil Term
)
)
)
)
)
)
)
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff,
vs.
DONALD L. DUNCAN and
BEVERLY S, DUNCAN,
NOTICE OF SHERIFF'S SALE OF REAL ESTATE
TO: Donald L. Duncan
52 West Main Street
Newville, PA 17241
TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of
Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County,
Pennsylvania, directed, there will be exposed to Public Sale in the
CUMBERLAND COUNTY COURTHOUSE
4TH FLOOR, JURY ASSEMBLY ROOM
ONE COURTHOUSE SQUARE
CARLISLE, PA 17013
on March 7, 2007, at 10:00 AM, the following described real estate, of which Doald L. Duncan
and Beverly S. Duncan are the owners or reputed owners: Please see attached description of
property.
The said Writ of Execution has been issued on a judgment in the mortgage foreclosure
action of:
PNC BANK, NATIONAL ASSOCIATION
vs.
DONALD L. DUNCAN and
BEVERLY S. DUNCAN
at Ex. No. 06-3570 Civil Term in the amount of $21,994.49.
Claims against property must be filed at the Office of the Sheriff before the above sale
date.
Claims to proceeds must be made with the Office of the Sheriff before distribution.
Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30)
days from sale date.
Exemptions to Distribution or a Petition to Set Aside the Sale must be filed with the
Office of the Sheriff no later than ten (10) days from the date when the Schedule of Distribution
is filed in the Office of the Sheriff.
Attached hereto is a copy of the Writ of Execution. It has been issued because there is
a judgment against you, It may cause your property to be held or taken to pay the judgment.
You may have legal rights to prevent your property from being taken. A lawyer can advise you
more specifically of these rights. If you wish to exercise your rights, yOU must act promptlv.
YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION TO YOUR
LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO
TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN
GET LEGAL ADVICE.
LAWYER REFERRAL SERVICE
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(717)-249-3166
1-800-990-9108
You may have legal rights to prevent the Sheriff's Sale and the loss of your property. In
order to exercise those rights, prompt action on your part is necessary. A lawyer may be able to
help you.
You may have the right to prevent or delay the Sheriff's Sale by filing, before the sale
occurs, a petition to open or strike the judgment or a petition to stay the execution.
If the judgment was entered because you did not file with the Court any defense or
objection you might have within twenty (20) days after service of the Complaint in Mortgage
Foreclosure and Notice to Defend, you may have the right to have the judgment opened if you
promptly file a petition with the Court alleging a valid defense and a reasonable excuse for
failing to file defense on time. If the judgment is opened, the Sheriff's Sale would ordinarily be
delayed pending a trial of the issue of whether the plaintiff has a valid claim to foreclose the
mortgage or judgment.
You may also have the right to have the judgment stricken if the Sheriff has not made a
valid return of service of the Complaint and Notice to Defend or if the judgment was entered
before twenty (20) days after service or in certain other events. To exercise this right you would
have to file a petition to strike the judgment.
-2-
You may also have the right to petition the Court to stay or delay the execution and the
Sheriff's Sale if you can show a defect in the Writ of Execution or service or demonstrate any
other legal or equitable right.
YOU MAY ALSO HAVE THE RIGHT TO HAVE THE SHERIFF'S SALE SET ASIDE IF
THE PROPERTY IS SOLD FOR A GROSSLY INADEQUATE PRICE OR IF THERE ARE
DEFECTS IN THE SHERIFF'S SALE. TO EXERCISE THIS RIGHT YOU SHOULD FILE A
PETITION WITH THE COURT AFTER THE SALE AND BEFORE THE SHERIFF HAS
DELIVERED HIS DEED TO THE PROPERTY. THE SHERIFF WILL DELIVER THE DEED IF
NO PETITION TO SET ASIDE THE SALE IS FILED WITHIN THE TEN (10) DAYS FROM THE
DATE WHEN THE SCHEDULE OF DISTRIBUTION IS FILED IN THE OFFICE OF THE
SHERIFF.
Brett A. Solomon, Esquire
Pa. 1.0. No. 83746
1 500 One PPG Place
Pittsburgh, Pennsylvania 15222
(412) 566-1212
Attorneys for PNC Bank, National Association,
Plaintiff
SF 281736
-3-
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Defendants.
) CIVI L DIVISION
)
) No. 06-3570 Civil Term
)
)
)
)
)
)
)
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff,
vs.
DONALD L. DUNCAN and
BEVERLY S. DUNCAN,
LEGAL DESCRIPTION OF REAL ESTATE
ALL that certain tract of land with the improvements thereon erected, situate in the
Borough of Newville, Cumberland County, Pennsylvania, bounded and described as follows:
BEGINNING at a point on the Southern side of West Main Street, said point being 30
feet West from the West side of West Main Street; thence continuing along the Southern side of
West Main Street in a Westerly direction 32 feet 9 inches to a point at the line of property now or
'formerly of Bertha Holbey; thence along land now or formerly of Bertha HOlbey, in a Southerly
direction, 130 feet to property now or formerly of the Borough of Newville; thence along property
now or formerly of the Borough of Newville in an Easterly direction, 32 feet 9 inches to a point;
thence by land now or formerly of Bertha James Kline and George A. Kline, her husband, in a
Northerly direction 150 feet to a point on the South side of West Main Street, the Place of
Beginning..
BEING improved with a two and one-half story frame dwelling house known as No. 52
West Main Street, Newville, PA 17241.
BEING the same premises which Viola E. Williamson and Elanor K. Heffelfinger,
Executrices of the Estate of Lulu E. Finkenbinder, by Deed dated June 11, 1987 and recorded in
the Recorder's Office of Cumberland County, Pennsylvania on June 12, 1987, in Deed Book
Volume 32S, page 605, granted and conveyed unto Donald L. Duncan and everly S. Duncan,
his wife.
Parcel No. 27-20-1754-064
Brett A. Solomon, Esquire
-4-
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff,
) CIVIL DIVISION
)
) No, 06-3570 Civil Term
)
)
)
)
)
)
)
vs.
DONALD L. DUNCAN and
BEVERLY S. DUNCAN,
Defendants.
NOTICE OF SHERIFF'S SALE OF REAL ESTATE
TO: Beverly S, Duncan
52 West Main Street
Newville, PA 17241
TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of
Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County,
Pennsylvania, directed, there will be exposed to Public Sale in the
CUMBERLAND COUNTY COURTHOUSE
4TH FLOOR, JURY ASSEMBLY ROOM
ONE COURTHOUSE SQUARE
CARLISLE, PA 17013
on March 7, 2007, at 10:00 AM, the following described real estate, of which Doald L. Duncan
and Beverly S. Duncan are the owners or reputed owners: Please see attached description of
property.
The said Writ of Execution has been issued on a judgment in the mortgage foreclosure
action of:
PNC BANK, NATIONAL ASSOCIATION
vs.
DONALD L. DUNCAN and
BEVERLY S. DUNCAN
at Ex, No. 06-3570 Civil Term in the amount of $21,994.49.
, ,
Claims against property must be filed at the Office of the Sheriff before the above sale
date.
Claims to proceeds must be made with the Office of the Sheriff before distribution.
Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30)
days from sale date.
Exemptions to Distribution or a Petition to Set Aside the Sale must be filed with the
Office of the Sheriff no later than ten (10) days from the date when the Schedule of Distribution
is filed in the Office of the Sheriff.
Attached hereto is a copy of the Writ of Execution. It has been issued because there is
a judgment against you. It may cause your property to be held or taken to pay the judgment.
You may have legal rights to prevent your property from being taken. A lawyer can advise you
more specifically of these rights. If you wish to exercise your rights, vou must act promptlv.
YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION TO YOUR
LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO
TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN
GET LEGAL ADVICE.
LAWYER REFERRAL SERVICE
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(717)-249-3166
1-800-990-9108
You may have legal rights to prevent the Sheriff's Sale and the loss of your property. In
order to exercise those rights, prompt action on your part is necessary. A lawyer may be able to
help you,
You may have the right to prevent or delay the Sheriff's Sale by filing, before the sale
occurs, a petition to open or strike the judgment or a petition to stay the execution.
If the judgment was entered because you did not file with the Court any defense or
objection you might have within twenty (20) days after service of the Complaint in Mortgage
Foreclosure and Notice to Defend, you may have the right to have the judgment opened if you
promptly file a petition with the Court alleging a valid defense and a reasonable excuse for
failing to file defense on time, If the judgment is opened, the Sheriff's Sale would ordinarily be
delayed pending a trial of the issue of whether the plaintiff has a valid claim to foreclose the
mortgage or judgment.
You may also have the right to have the judgment stricken if the Sheriff has not made a
valid return of service of the Complaint and Notice to Defend or if the judgment was entered
before twenty (20) days after service or in certain other events. To exercise this right you would
have to file a petition to strike the judgment.
-2-
You may also have the right to petition the Court to stay or delay the execution and the
Sheriff's Sale if you can show a defect in the Writ of Execution or service or demonstrate any
other legal or equitable right.
YOU MAY ALSO HAVE THE RIGHT TO HAVE THE SHERIFF'S SALE SET ASIDE IF
THE PROPERTY IS SOLD FOR A GROSSLY INADEQUATE PRICE OR IF THERE ARE
DEFECTS IN THE SHERIFF'S SALE. TO EXERCISE THIS RIGHT YOU SHOULD FILE A
PETITION WITH THE COURT AFTER THE SALE AND BEFORE THE SHERIFF HAS
DELIVERED HIS DEED TO THE PROPERTY, THE SHERIFF WILL DELIVER THE DEED IF
NO PETITION TO SET ASIDE THE SALE IS FILED WITHIN THE TEN (1 0) DAYS FROM THE
DATE WHEN THE SCHEDULE OF DISTRIBUTION IS FILED IN THE OFfiCE OF THE
SHERIFF.
~
Brett A. Solomon, Esquire
Pa, I.D, No. 83746
1500 One PPG Place
Pittsburgh, Pennsylvania 15222
(412) 566-1212
Attorneys for PNC Bank, National Association,
Plaintiff
SF 281736
-3-
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Defendants.
) CIVIL DIVISION
)
) No. 06-3570 Civil Term
)
)
)
)
)
)
)
PNC BANK, NATIONAL ASSOCIATION,
Plaintiff,
vs.
DONALD L. DUNCAN and
BEVERLY S. DUNCAN,
LEGAL DESCRIPTION OF REAL ESTATE
ALL that certain tract of land with the improvements thereon erected, situate in the
Borough of Newville, Cumberland County, Pennsylvania, bounded and described as follows:
BEGINNING at a point on the Southern side of West Main Street, said point being 30
feet West from the West side of West Main Street; thence continuing along the Southern side of
West Main Street in a Westerly direction 32 feet 9 inches to a point at the line of property now or
formerly of Bertha Holbey; thence along land now or formerly of Bertha Holbey, in a Southerly
direction, 130 feet to property now or formerly of the Borough of Newville; thence along property
now or formerly of the Borough of Newville in an Easterly direction, 32 feet 9 inches to a point;
thence by land now or formerly of Bertha James Kline and George A. Kline, her husband, in a
Northerly direction 150 feet to a point on the South side of West Main Street, the Place of
Beginning.
BEING improved with a two and one-half story frame dwelling house known as No. 52
West Main Street, Newville, PA 17241.
BEING the same premises which Viola E. Williamson and Elanor K. Heffelfinger,
Executrices of the Estate of Lulu E. Finkenbinder, by Deed dated June 11, 1987 and recorded in
the Recorder's Office of Cumberland County, Pennsylvania on June 12, 1987, in Deed Book
Volume 32S, page 605, granted and conveyed unto Donald L. Duncan and everly S. Duncan,
his wife.
Parcel No. 27-20-1754-064
Brett A. Solomon, Esquire
-4-
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 06-3570 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due PNC BANK, NATIONAL ASSOCIATION, Plaintiff (s)
From DONALD L. DUNCAN AND BEVERLY S. DUNCAN
(1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
DESCRIPTION.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $20,804.22
L.L. $.50
Interest FROM 8/15/06 THROUGH 3/07/07 AT $4.4478 PER DIEM - $911.80
Atty's Cornm % Due Prothy $1.00
Atty Paid $145.36 Other Costs LATE CHARGES ($10.00/MO. FOR
9/06 TO 2/07) - $60.00 -- ATTORNEY'S FEES AND COSTS - $218.47
Plaintiff Paid
Date: OCTOBER 20, 2006
Curtis
(Seal)
By:
Deputy
REQUESTING PARTY:
Name BRETT A. SOLOMON, ESQUIRE
Address: TUCKER ARENSBERG, P.C.
1500 ONE PPG PLACE
PITTSBURGH, P A 15222
Attorney for: PLAINTIFF
Telephone: 412-566-1212
Supreme Court ID No. 83746
(J\'C .
Real Estate Sale # 36
On November 6, 2006 the Sheriff levied upon the
defendant's interest in the real property situated in
Newville Borough, Cumberland County, P A
Known and numbered as 52 West Main Street,
Newville, more fully described on Exhibit "A"
filed with this writ and by this reference incorporated herein.
Date: November 6, 2006
By: .
I^(J "~I. t
, u ..' ,\ I V vI, \
Real Estate Sergeant
I
) I
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