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HomeMy WebLinkAbout06-7251IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, CIVIL DIVISION AS SUCCESSOR BY MERGER TO CCNB BANK, N.A. No. 22 S7 (21'v i C-I&jpyl Plaintiff, vs. DALE R. COLEMAN and JENNIE E. COLEMAN, Defendants. I hereby certify that the property to be foreclosed upon is: 153 Ridge Road Biglerville, Pennsylvania 173 - Township of Southampto TaAParcel No.,V1-16 24-013 Brett A. Solomon Attorney for Plaintiff CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE Filed on behalf of PNC Bank, National Association, Plaintiff Counsel of record for this party: Brett A. Solomon, Esquire Pa. I.D. #83746 Beverly Weiss Manne, Esquire Pa. I.D. #34545 TUCKER ARENSBERG, P.C. Firm #287 1500 One PPG Place Pittsburgh, Pennsylvania 15222 (412) 566-1212 BANK_FIN:289588-1 000011-097225 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, AS SUCCESSOR BY MERGER TO CCNB BANK, N.A., Plaintiff, ) CIVIL DIVISION No. vs. DALE R. COLEMAN and JENNIE E. COLEMAN, Defendants. IMPORTANT NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717)-249-3166 1-800-990-9108 BANK_FIN:289588-1 000011-097225 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, AS SUCCESSOR BY MERGER TO CCNB BANK, N.A., Plaintiff, CIVIL DIVISION No. OL - ! ? 1.l t? L vs. DALE R. COLEMAN and JENNIE E. COLEMAN, Defendants COMPLAINT IN MORTGAGE FORECLOSURE AND NOW COMES PNC Bank, National Association, as Successor by Merger to CCNB Bank, N.A. ("Bank"), by and through its counsel, Tucker Arensberg, P.C., and avers the following in support of its Complaint in Mortgage Foreclosure: 1. PNC Bank, National Association, as Successor by Merger to CCNB Bank, N.A., 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, Dale R. Coleman and Jennie E. Coleman, are adult individuals whose last known address is 153 Ridge Road, Biglerville, Pennsylvania 17307. 3. On or about July 5, 1998, Dale R. Coleman and Jennie E. Coleman ("Borrowers"), executed a Note and Security Agreement ("Note") whereby Borrower promised to pay to Bank the principal amount of $45,000.00 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 July 5, 1998 ("Mortgage") given by Dale E. Coleman and Jennie E. Coleman ("Mortgagors") to Bank, encumbering certain real property located at 153 Ridge Road, Biglerville, Township of Southampton, BANK_FIN:2895 88-1 000011-097225 County of Cumberland, Pennsylvania, as more particularly described therein ("Premises"). The Mortgage was recorded on July 12, 1991 in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania in Mortgage Book Volume 1021, Page 35. 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 September 19, 2006 and as of December 4, 2006 was past due in the amount of $1,322.68. 6. The Mortgagors are the record and real owners of the Premises. 7. There has been no assignment, release or transfer of the Note or Mortgage. 8. On or about August 30, 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 December 4, 2006 was as follows: Principal $10,626.77 Interest through December 4, 2006 (continuing thereafter at $3.2025 per diem) 9.61 Attorneys' Fees 1,015.00 Costs to be added TOTAL $11,651.38 10. The total amount due to Bank under the Note and Mortgage as of December 4, 2006 was Eleven Thousand Six Hundred Fifty-One and 38/100 Dollars ($11,651.38), plus costs and attorneys' fees. BANK FIN:289588-1 000011-097225 WHEREFORE, Plaintiff demands an in rem judgment in mortgage foreclosure for the amount due of Eleven Thousand Six Hundred Fifty-One and 38/100 Dollars ($11,651.38), plus continuing interest at the contract rate from December 4, 2006, late charges, reasonable attorneys' fees and costs of foreclosure and sale of the Premises. Arett KER SBERG, P.C. By: A. Solomon, Esquire Pa. I.D. #83746 1500 One PPG Place Pittsburgh, Pennsylvania 15222 (412) 566-1212 Attorney for PNC Bank, National Association, Plaintiff BANK FIN:289588-1 000011-097225 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, AS SUCCESSOR BY MERGER TO CCNB BANK, N.A., CIVIL DIVISION Plaintiff, vs. DALE R. COLEMAN and JENNIE E. COLEMAN, Defendants No. AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF ALLEGHENY SS: I, Brett A. Solomon, Attorney for PNC Bank, National Association, as Successor by Merger to CCNB Bank, N.A., being duly sworn according to law, hereby depose and say that the Defendants, Dale R. Coleman and Jennie E. Coleman, are not members of the military service of the United States of America to the best of my knowledge, information, and belief. Brett A. Solomon Attorney for PNC Bank, National Association Sworn to and subscribed before me this day o 2006. Notary Pub COMMONWEALTH OF PENNSYLVANIA Notarial Seal Kelly J. Mizak, Notary Public City Of Pitfsbu #% Alegher y Courtly My C"Ytis M Expires May 23, 2009 Member, Pennsylvania Association of Notaries My Commission Expires: BANK_FIN:289588-1 000011-097225 NOTE AND SECURITY AGREEMENT Dated L % / L' . J I , 194L NOTICE: If checked ? , see separate Itemization of Amount Financed. ANNUAL FINANCE Amount Financed Total of Payments PERCENTAGE RATE CHARGE flit! amount of credit provided The amount you will have paid after The cost of your credit l I the dollar amount the credit will cost you.) to you or on your behalf. you have made all scheduled payments. as a year y rate. 01 ll.oo % $,-syoryo?d $LkV, e? $/oelmoo.?? Your Payment Schedule will be P. means an estimate Number of Payments Amount of Payments When Payments Are Due 7 $ ;212 O, Bi-weekly, beginning Ig $ 19 Security: You are giving a security interest in: O the ods or property being purchased. /?, brie( description of other property _? rC^ T ?K°r? Filing Fees $ 42 . C- Prepayment: If you pay off early, you will not have to pay a penalty. Assumption: Someone buying your mobile home ED may 0 may not, under certain circumstances, be allowed to assume the remainder of this Note on the original terms. See your contract documents for any additional information about nonpayment, default, any required repayment in full before the scheduled date and prepayment refunds and penalties. I Itemization of Amount Financed j Amount Financed i '-/' L Amount given to you directly $ --0-^ Amount paid on your account $ -zt-- Amount paid to others on your behalf to public officials $ '----- to insurance company to y?-1? mot'/'! rncr_-? e-,, to to t he Annual Percentage Rate. Amount Financed and Payment Schedule shown above are part of this Note and Security Agreement (which is called the "Note"). You are the person fur persons) who signs as "Borrower" or "Co-Signer" below. If more than one person signs below, each of you will be liable, separately and together, for all of your promises in this Note. Yt)u promises in PROMISE s C CCM BankmA 331 BRIDGE STREET rt) P \\' TO US: AStlbskilarydCCM3CapaaUat NEW CUMBERLAND, PENNSYLVANIA 17010 or to our order, at any of our offices, the Amount Financed, plus interest as provided below, in the number of equal bi-weekly payments shown in the Payment Schedule. Payments are due beginning on the date indicated in the Payment Schedule and bi-weekly thereafter, until we are paid in full. You may pay in advance all or part of the balance clue at any time without penalty or premium. The regular bi-weekly payments to be made hereunder shall be made by the Bank's deducting the amount of each payment on the date that each said payment is due from a transaction account maintained by the Borrower with the Bank. If the Borrower fails to maintain a transaction ;recount with the Bank and! or fails to maintain a balance in the account sufficient to make the payments called for herein when said payments are due. the borrower shall be in default under the terms of this Agreement and the Bank may exercise all remedies available to it upon default. Upon default, the Bank, in addition to the other remedies set forth in the Note, may cancel the hi-weekly payment feature and demand that the Borrower repay the principal balance in monthly installments. The amount of said monthly payments shall be calculated by multiplying the bi-weekly payment set forth by two. By the execution of this Note, the Borrower herein authorizes the bank to deduct all payments required to be made by the Borrower tinder the terms of this Note (Agreement) from the Borrower's transaction account maintained with the Bank. SECURITY AGREEMENT: As security for the prompt payment of the sums you HO IV INTEREST IS CHARGED: The Finance Charge consists only of interest owe and the proper performance of your promises in this Note, you and all the imposed daily on the outstanding balance of the Amount Financed at the Annual "Co-Owners" signing below grant us: Percentage Rate. The Finance Charge shown above was figured by assuming that all (i) a security interest in the following personal property, and its equipment and payments were received on their due dates. if any payment is late, you must pay more accessories: Finance Charge than is shown because of the additional interest imposed. If you pay early, the Finance Charge will be less. The amount of the increase or decrease in Finance Charge will be due with the last payment, which will be modified to reflect the actual amount then due. Our security interest includes parts, called "accessions," added to the personal property at any later time. SET-OFF: You acknowledge that the law gives us a right of set-off in any of your property in our possession at any time, including deposit accounts. This means that, if you default, we may exercise our right of set-off and apply any of your property in our possession, including deposit accounts, to the sums you owe on this Note. i) a Mortgage up ti lA r b FLOOD INSURANCE: If checked 171, insurance is required against flood damage (Zs . c ciL3 i ?J :,L_ to improved real property or mobile home Collateral. All the property which secures this Note is called the "Collateral." Our ng is and your responsibilities regarding any personal property Collateral are provided in this Security Agreement, which continues on the reverse side. Our rights in any real property Collateral are contained in the Mortgage. At your expense, you will cooperate and join with us in signing and filing documents and in taking any other steps which we deem necessary to perfect, maintain perfection of, and satisfy our security interest in the Collateral. IF NO REAL OR PERSONAL PROPER"IY IS IDENTIFIED ABOVE, THIS NOTE IS UNSECURED. PROPERTY INSURANCE: If this Note is secured by Collateral which is not in our possession, insurance against physical damage to the Collateral is required for the full term of the Note. FLOOD INSURANCE AND PROPERTY INSURANCE MAY BE OBTAINED THROUGH ANY AGENT, BROKER OR OTHER PERSON OF YOUR CHOICE. See Insurance in paragraph 2.4 of the Security Agreement on the reverse side. CREDITINSURANCE IS NOT REQUIRED: Subject to acceptance by the insurer named below, credit insurance is available through us for the term of this Note at the cost(s) shown below. Single Credit Life and Single Credit Accident & Health Insurance are available to any one Borrower or Co-Signer signing for insurance below. Joint Credit Life Insurance is available to any two of you signing for such insurance below. No credit insurance will be provided unless the appropriate statement(s) is signed by the person(s) to be insured and the cost(s) shown below are included in the Amount Financed. (See the NOTICE OF PROPOSED CREDIT INSURANCE on the reverse side.) By signing, you want Single Credit Life Insurance, By signing, you want Single Credit Accident & Health B signing- ou th ant Joint Credit Life Insurance, which costs $ Insurance, which costs S EXHIBIT What are your ages? Signature of person to be insured for Single Credit Life Si nature o Years g person to be, insured fAl Insurance Accident & Health Insurace Year .. .,? i.iti ? ?? .r ?••i.? ?i?.lrri. , r,?l ??1 tii 11:11;\ i:l lll\ "('o-( hers" iigning below grant Its li) a security interest in the following personal property, accessories. ' ,-ic, l,nt .tiw iii -, M111"'Cu u.ill? MI tllc 11111NI'Muing ELI Ltl?t.c 01 !I!L .%1110tilll 1 111,111Lcd it 111C Percentage Rate. The Finance Charge shown above was figured by assuming I hat all and its equipment and payments were received on their due dates. If anY payment is late,You must PA +Ymore Finance Charge than is shown because of the additional interest imposed. If you pav earh, the Finance Charge will he less. The amount of the increase or docreasc in Finance Charge will he tluc with the last payment, which will he nui(lilied to rcll,o the actual amount then due. Our security interest includes parts, called "accessions," added to the personal property at any later time. ,(ii) a Mortgage up O G AJ t? All the property which secures this Note is called the "Collateral." Our rig is and your responsibilities regarding any personal property Collateral are provided in this Security Agreement, which continues on the reverse side. Our rights in any real property Collateral are contained in the Mortgage. At your expense, you will cooperate and join with us in signing and filing documents and in taking any other steps which we deem necessary to perfect, maintain perfection of, and satisfy our security interest in the Collateral. IF NO REAL OR PERSONAL PROPERTY IS IDENTIFIED ABOVE, THIS NOTE IS UNSECURED. SET-OFF: You acknowledge that the law gives its a right of act-of( in uiv of lour property in our possession at any tune, including deposit accounts. i ht. means I hut. if you default, we may exercise our right of set-off and apply any of your property in our possession, including deposit accounts, to the sums you owe on this Note. FLOOD INSURANCE: If checked F1, insurance is required against flood damage to improved real property or mobile home Collateral. PROPER TYINSURANCE: If this Note is secured by Collateral which is not in our possession, insurance against physical damage to the Collateral is required for the full term of the Note. FLOOD INSURANCE AND PROPERTY INSURANCE MAY BE OBTAINED THROUGH ANY AGENT, BROKER OR OTHER PERSON OF YOUR CHOICE. See Insurance in paragraph 2.4 of the Security Agreement on the reverse side. CREDIT INSURANCE ISNOT REQUIRED: Subject to acceptance by the insurer named below, credit insurance is available through us for the term of this Note at the cost(s) shown below. Single Credit Life and Single Credit Accident & Health Insurance are available to any one Borrower or Co-Signer signing for insurance below. Joint Credit Life Insurance is available to any two of you signing for such insurance below. No credit insurance will be provided unless the appropriate statement(s) is signed by the person(s) to be insured and the cost(s) shown below are included in the Amount Financed. (See the NOTICE OF PROPOSED CREDIT INSURANCE on the reverse side.) By signing, you want Single Credit Life Insurance, I 13y signing, you want Single Credit Accident & Health I By signing, you both want Joint Credit Life Insurance. which costs S Insurance, which costs S which costs $ What are y W M= Signature of person to be insured for Single Credit Life Insurance What is your age'? Years Signature of person to be insured for Single Credit Accident & Health Insurance What is your age? Years Insurer: CONSUMERS LIFE INSURANCE COMPANY, Camp Hill, Pennsylvania 17011 our ages'' Years 2. Years Signatures of both persons to be insured for Joint Credit Life Insurance THE ADDITIONAL TERMS AND SECURITY AGREEMENT ON THE REVERSE SIDE ARE PART OF THIS NOTE. BY SIGNING BELOW, YOU INTEND TO BE LEGALLY BOUND BY ALL OF THE TERMS OF THIS NOTE. YOU ALSO ACKNOWLEDGE RECEIVING A COMPLETED COPY OF THIS NOTE s Borr wer's Signature AAddfeeis 4 /7-3 mower's Signature NOTICE TO CO-SIGNER You are being asked to guarantee this debt. Think carefully before you do. If the Borrower doesn't pay the debt, you will have to. Be sure you can afford to pay if you have to, and that you want to accept this responsibility. You may have to pay up to the full amount of the debt if the Borrower does not pay. You may also have to pay late fees or collection costs, which increase this amount. The Creditor can collect this debt from you without first trying to collect from the Borrower. The Creditor can use the same collection methods against you that can be used against the Borrower, such as suing you, etc. If this debt is ever in default, that fact may become a part of j•our credit record. CO-.Sl(;,%' R'S SCrRETY.,If; RF.F_.t(F.,V7: You, the person (or persons) signing as "Co-Signer- below. promise to pay to us, or to our order, the Amount Financed, plus interest and other charges, as provided in this vote. You intend to he legally bound by all the terms of this Note, separately and together, with the Borrower. You are making this promise to induce us to make the loan to the Borrower, even though the proceeds will be used only for the Borrower's benefit. You agree that we may seek immediate payment from you without making any prior demand for payment upon the Borrower. You also acknowledge receiving a completed copy of this Note. Co-Signer's Signature Address Date Cu-Signer's Signature Address Date CO-OWNER'S SECURITY AGREEMENT. You, the person signing as "Co-Owner" below, together with the Borrower or otherwise being all of the owners of th( Collateral, grant us a security interest in the Collateral identified above. If the Collateral consists of personal property, you agree to be bound by the terms of the Security Agreement contained in this Note. If the Collateral consists of real property, you agree to be bound by the terms of the Mortgage. You are granting us this security interest ti: induce us to make the loan to the Borrower and to secure the payment by the Borrower of all sums due under this Note. If, upon default and sale of the Collateral, Cher( remains any sum still due us on the Note, you will not be obligated to pay us that sum. Co-Owner's Signature BANCONSUMER FORM PAS139-S-56(51891 Address NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION Date 01989 BANCONSUMER SERVICE. INC n riiel .\r At ADDITIONAL FERMS t) U1, T.- The, following arc each "Defaults": (i) You fait to ake any payment to us on or before the day it comes due; (ii) You provide its with false information or signatures at any time; (iii) You die or become legally incompetent; (iv) You do not promptly and properly perform any of your promises or note or agreement you now or later have with us; (v) You cannot pay any of your debts as they come due; (vi) The Collateral is lost, stolen, damaged or destroyed; (vii) The Collateral is sold, transferred, leased, given or delivered, in whole or in part. to a person who is not a party to the Security Agreement or Mortgage; viii) Proceedings are begun under the Bankruptcy Code by or against you; (ix) Any judgment is entered of record against you; or (x) Any of your property is attached or subject to being forfeited. DEFA ULT AND REQUIRED PA YbfENT IN FULL: If any Default occurs, we may, if we choose, "accelerate•'the maturity of this Note. This means we may declare the entire remaining unpaid balance of this Note and earned interest to be immediately due and payable. However, if this Note is secured by a Mortgage on residential real property Collateral, if required by law, we will first send you a timely notice of the Default, advising you of your right to cure the Default and of our intention to take action if you do not cure within the time period provided in our notice. If we file an action to collect amounts in Default, you also agree to pay all of our court costs and our reasonable attorney's fees of 20% of the amount due. Our right to collect attorney's fees may be limited during any cure period provided by law, We will continue to impose interest daily on all sums owed to us at the rate prosidcd in this \Ole until w'c rscisc puynlcnt in full, Cvcn if' we have Oblaineu judgment against you. RISK OF LOSS: You will remain bound by this Note even if the Collateral is lost. stolen, damaged or destroved. BENEFIT AND BURDEN: All the benefits of this Note shall favor us, our sticccssors and assigns. The obligations shall hind you, and your heirs, personal -eprescntatives and assigns. WAIVERS: If we declare the unpaid balance of the Note and earned interest to be immediately due and payable, you waive your rights to require us to do certain things. Those things are: (i) to demand payment of amounts due (known as "presentment'); (ii) to give notice that amounts due have not been paid (known as "notice of JIS1101101- allot (iii) to obtain an official certification of nonpayment (known as "protest'). We waive the right to treat any property other than the Collateral as security for this Note. A waiver of any other of our rights under this Note will not be effective unless it is in a signed writing. NO NOTICE OR LOSS OF RIGHTS: We can do any of the following without telling you or losing any rights against you or the Collateral: (i) accept a check or other order marked "paid in full"or with similar language as a partial payment under this Note; (ii) give additional time for payment of any amount owing under this Note; (iii) exercise, give up or delay exercising any right against any person or property; (iv) add or release any person or property obligated under this Note; or (v) fail to protect or enforce our interest in any of the Collateral. .VULTIPLE PA RT1ES: If there is more than one Borrower on this Note, or one or more Co-Signers, all of your obligations shall be primary. Each of you will be liable, separately and together, for all of your promises in this Note. VOT!C,.S: Unless otherwise required by law, each demand or notice under this Vote shall be delivered or sent by regular mail, addressed to the party at its address as provided in this Note. Either party may change its address by giving such a notice to the other party. Reasonable notice, when notice is required, shall be deemed to be 10 days. LA IV- This Note will be governed by the laws of the Commonwealth of Pennsylvania, unless federal laws apply. SECURITY AGREEMENT I?FCTION I. LOANANDCOLLAFERAL. When you sign this Note anddelicer it to us, and complete the other required details, we will make a loan to you. This ticcurity Agreement appliesonly to personal property described as Collateral un the !Toni side of this Note. As used in the following Sections of this Security Agreement. •'vou" also includes any Co-Owner of the Collateral. SECT ION 2. YOUR OTHER AGREEMENTS. '.1 OWN, SELL, ETC. You own the Collateral free and clear of all liens and Xcurity interests. You will not sell, transfer, lease, give, deliver or otherwise dispose of the Collateral, in whole or in part, to any person who is not a party to this Security Agreement. You will not permit any lien or security interest to be obtained on the Collateral other than ours. 2.2 MAINTAINING THE COLLATERAL. At your cost, you will maintain the Collateral in Rood condition and repair. You will preserve it against loss or damage. You will pay all taxes and other charges on the Collateral. You will not use the Collateral illegally or for hire. 2.3 DEPOSIT ACCOUNTS. If the Collateral consists of a deposit account or certificate of deposit, we may refuse to allow you to close the account or withdraw any sums from it. If the account or certificate of deposit matures while the Note remains unpaid, we will automatically renew the deposit for the same time period. as provided in the deposit agteement, unless you and we agree that the deposit should be renesccd on other terms. The renewal deposit shall be Collateral subject to this Security Agreement. 2.4 INS(:RANCE. While am' sums arc owed on this Note, you will carry insurance on any Collateral which is not in our possession against fire, theft and other casualty. fhe policy must contain a deductible clause and be in an amount and a ith an insurer that are satisfactory to us. The policy must name us as the " loss- payee."'l he policy most provide that any loss is to he payahle to you and to us as our 1111cf •..ts :Ippo:o. It mast also provldv Ihat we he riven not less than 10 rlavs' (lrior Britten notice of any cancellation ur reduction in coverage, lot any reason, Upon request, you shall deliver the policies, certificates or other evidence of insurance to us. In the event of any loss or damage to the Collateral, you will immediately notify us in writing and file a proof of loss with the insurer. We may file it proof of loss on vour behalf if you fail or refuse to do so. We may also sign your name to any check, draft or other order for the payment of insurance proceeds in the event of loss or damage to the Collateral. If it is cconomically feasible, in our judgment. we will apply the insurance proceeds to repair or replace the Collateral. Otherwise, we will apply the proceeds to reduce the sums you owe on this Note. 2.5 NOTING OUR SECURITY INTEREST. If it certificate of title is issued for the Collateral, Vou will assist us in having our security interest noted on the certificate of title. 2.6 YOUR AU )'HORITY TO Us. If you fail to do what is required of you by Sections 2.2, 2.1 and 2.5. we play, if we choose, perform your obligations and pay, such costs and expenses. We will add the amounts we advance to the sums the Borrower owes on this Note, on which we impose interest as provided in this Note. If you fail to honor your promises to maintain insurance in effect, or to pay tiling fees, taxes or the costs necessary to keep the Collateral in good condition and repair, we may, if we alone choose, advance any sums you promised to pay and obtain replacement insurance. However, any replacement insurance we obtain to cover loss or damage to the Collateral may be limited to an amount not greater than what you owe on this Note. Any amount we advance on your behalf will be added to the balance on which we impose Finance Charges at the Annual Percentage Rate of this Note, and may be repayable: (i) immediately upon demand; (ii) alone with your bi-weekly payments; or (iii) at the end of the Nrote, as we alone may specify. Our payments on your behalf will not cure your failure to perform your promises in this Security Agreement. 2.7 INSPECTION. You will permit us to inspect the Collateral at any reasonable time. SECTION 3. NO LOSS OF RIGHTS. The Note and this Securitv Agreement may be negotiated, assigned, extended or renewed by us without releasing any of you or the Collateral. We may add or release any person or property obligated under the Note and this Security Agreement without losing our rights in the Collateral. SECTION 4. DEFAULT. A Default under the Note will be a Default under this Security Agreement. In addition to all the rights and remedies of a secured partv upon default which are provided under the Uniform Commercial Code, upon our declaring the Note to be immediately due and payable: ?.I APPLICATION0FDFPOSITS. We ntavapplyany deposits included iit the Collateral against the sums the Borrower owes on this Note. If the Collateral consists of a time deposit or certificate of deposit, we may terminate the deposit before maturity in order to realize on the Collateral. If we terminate the deposit, the contract of deposit or applicable law may require that we impose substantial penalties for file early withdrawal. 4.2 SURRF.NDEIZ OF COLLATERAL. We may require you to surrender the Collateral to us at a reasonably convenient place we designate. 4.3 PEACEFUL REPOSSESSION. If you don't surrender the Collateral to us, we may take possession of it, with or without legal process, in accordance with law. You authorize its to peaceably enter upon any premises where the Collateral play be located for the purpose of taking possession and removing it. 4.4 EXPENSES OF REPOSSESSION AND STORAGE. We may charge you our reasonable expenses in repossessing, transporting, repairing, storing and selling the Collateral so long as they are allowed by law. 4.5 SA LE OF COLLATERAL. We may sell, assignor deliver the Collateral atone or more public or private sales. We will give you reasonable notice of the time and place of sale. We may purchase the Collateral at that sale, free of any equitable or legal right or claim you may have in the Collateral. We will apply the proceeds of sale first to our expenses and then to the sums the Borrower owes on this Note. We will pay any surplus to you. If a sum is still owed to us, the Borrower and Co-Signer must pay it to us. NOTICE OF PROPOSED CREDIT INSURANCE IhcSi+'ncrl<lrltrhi<V„I,•hrrrh"ral•rtiln„ii,,•th r••rnnnrrntirl?l,•.n.???, .................?,..?...1 ....-,.,?.,.....,I:? ?....:.r...., ,...ri...i?i.:.. , ,taI CCn Ie nt. bilk, NAIH n„t pcimit mIN lice ur sccuiity interest to he obtained on the ollateral other than ours. MAIN I ,\,INf N(; I III` COI.I.A I FRAL. At yourcost, you will maintain the iih0craI in good cond;(ion and repair. You will prescrve it against loss or,lamaec. -I ',lit .?.i( ill I.1"c' .111,1 i,I lcl ,Il;irq('s on the ('ullowl;Il. Yom •.\III not (1iC the ollateral Illegally or for hire. 1 1)h.POSI h ACCOIIN 1 S. If the Collateral consists of a deposit account or er(ificate ol'deposit, we may refuse to allow you to close the account or withdraw ny sums born it. If the account or certificate of deposit filatures while the Note rmain.s unpaid. we will automatically renew the deposit for the same little period. as ., % skied in 1Ile dCJ10it IIgtCCnlenl. tulle's %(111 And %kC agree 11131 1lie llo.u ,110111,! e renewed on other terms. I'he renewal deposit shall be Collateral .uh!cct to Ihls ecurity Agreement. 4 INSURANCE. While am' sums are owed on this Note, you will cafir Isurance on any Collateral which is not in our possession against fire, theft and (tier Casualty. I he policy must contain it deductible clause and be in an amount and !ith an insurer that are satisfactory lu us. The policy must name us as the "loss- ayee."The policy must provide that any loss is to be payable to you and to its as our Iterests appear. It roust also provide that we be given not less than I0 days' prior ritten notice of any cancellation or reduction in coverage, for anv reason. Upon -quest, you shall deliver the policies, certificates or other evidence of insurance to s. In the event of anv loss or damage to the Collateral, you will immediately notify s in writing and file a proof of loss with the insurer. We may file a proof of foss on tur behalf if you fail or refuse to do so. We may also sign your name to any check. r31t or other order for the payment of insurance proceeds in the scent of loss or :Image to the Collateral. If it is economically feasible, in our judgment, we will lply the insurance proceeds to repair or replace the Collateral. Othervvise. we will -)Pl' the proceeds to reduce the sums you owe on this Note. 5 NO "T ING Of) R SECLIRIT-Y INTEREST. If acertificate of title is issued for to ( ollateral, you will assist its in having our security interest noted on the •rtificate of tills. h YOI)R AI! I"f1ORITY TO US. If you fail to do what is FCgllire (I of you by eetions 2.2. 2.4 and 2.5, we may. if we choose, perlornl vot r obligations and Pay Ich costs and expenses. We will add the amounts we advance to the sums the orrower oyes on this Note, on which we impose interest as provided in this Note. If . ....,.,, - ..•. . ,iii, , „_ "" „. 0-- "'?_-...• we ,.1--.r a . Payments un your behalf will not cure your failure to perform your, prom tses in this Security Agreement. 2.7 I N'SI'I ( IION. You will permit its to inspect the Collateral at any reasnnahle tittle. SLL, IION 1, \O LOSS OF RI(lII ['ti. I hr \ote ;Ind this Sccuufv Agreement piny he negotiated, assigned, extended or renewed by us without releasing anv of you or the Collateral. We ntay add or release any person or properly obligated under the Note and this Security Agreement without losing our rights in the Collateral. tiP("I IOC •1. 1)F P:\11(1'. A Ihlaul( under the Note will he a I)efnult 1111 deI this urns \ rernlcnl. In adJitnnl to .111 IIIC riehrs nn l i, nIC11ie•: 111 .I .,,'ulrll n.Iil. upon tlClault which :Ire IliovidCd under the Llnllunn (_'111111110 CIA Cude• upon our declaring the Note to he immediately due and payable: 4.1 APPLICATION OF DEPOSITS. We may apply anydeposits included in the Collateral against the sums the Borrower owes on this Note. If the Collateral consists of a time deposit or certificate of deposit, we may terminate the deposit before maturity in order to realize on the Collateral. If we terminate the deposit. the contract of deposit or applicable law may require that we impose substantial penalties for the early withdrawal. 4.2 SURRENDER OF COLLATERAL. We may require you to surrender the Collateral to us at a reasonably convenient place we designate. 4.3 PEACEFUL REPOSSESSION. If you don't surrender the Collateral to its. we mac take possession of it, with or without legal process, in accordance with lain. You authorize us to peaceably enter upon any premises where the collateral nuuv he located for the purpose of taking possession and removing it. 4.4 EXPENSE-.S OF REPOSSESSION AND STORAGE-.. We may charge you our reasonahly expenses in repossessing, iraosportIrig, repairing, storing aril selling the Collateral so long as they are allowed by law. 4.5 SALEOFCOLLATE•RAL. We may sell. assignor delivcrtheCullateralatone or more public or private sales. We will eiyc you re;isonahle notice of the time and Place of SAC. We may purchase the Collateral at that sale, free of any equitable or legal right or claim you may have in the Collateral. We will apply the proceeds of sale first to our expenses an(j (hen to the sums the Borrower owes on this Note. We will pay any surplus to you. If a Burn is still .roved to its, the Burrower and (.'o-Signer roust pay it to its. VOTIC OF PROPOSED CREDIT INS( 'RA VICE Ilte Signer(s) of this NOW hereby take(s) notice that group credit life insurance coverage and orgroup credit accident and licAth insurance coverage will he applicable to this .Vote, if so marked on the front of this Notc and each such type of co\ erage will he written by the insurance company nailed. ['his insurance, subject to acceptance by the insurer, covers only the person(s) signing the request fur such insurance. The amount ofcharge is indicated for cach tope ul credit insurance to be purchased. ['hr term of the insurance will commence as of the date the indebtedness is incurred or on the date from which the interest or Finance Charges aeons. if later, and will expire on the original scheduled maturity (late of the indebtedness. Subject it) acceptance by the insurer and within 30days, there will he delivered to the insured debtor(s) a certificate of insurance more fully describing the insurance. In the event of prepayment of the indebtedness, a refund of insurance charges will he made where due. I \1'COVSr'MFR Ft1RU I'"119-S-560 xv1 NOTICE: SEE FRONT SIDE FOR IMPORTANT INFORMATION CLOSET) END MORTGAGE THIS MORTGAGE made this 5th day of July , 19 91 between Dale R. Coleman and Jennie E. Coleman _ (hereinafter whether one or more called ''Mortgagor-1 and CNB Baa.\ (hereinafer called "Mortgagee"). A svn?iaury (CO M Colurauon In consideration for and to secure payment to Nlort_:,_ee by Mortgagor of a loan and inv interest mid :,+;,:.Iue ;hercrn _ 41cnc;d :; a ?;++t, dated July 5ht • 19 91• with a Total of Px%mcnt; Principal Balance plus Interea tarlc in;t;,I+li:;ii+Ic ;+r, nt. •v 45,000.00 (and. or an\ modification, refinancing or extension thereof and am other note of o(lier ,,_r:en,cnt hic!t mists I i ubs(itmed therefor, any or all of which are hereinafter called °\o(e°) and performance of all conditions. co\enant< and ,+I+li;ati,n, n;,,ir.cd ',rain and in the dote. the Mortga_or does bn these presents •_ram. ;ell, :ome,. and mort_a,_e u1110 :he \I;+rteacrr. \Lt. i:c ;I+I II+.+ n_ dc,,;;+ra real estate situate in the (Ch(Tutvnship. lit) of Southampton Count% of Cumberland t ommrn earth of Penns0%ania thereinafter:alleti 'Preen<c.") no.xn and dc.ien:ucd .,. -- Ri dg Roa S i ppens,urg_and_$J g1e17V_i 1 1e__ -_ Penns is ania. convened to the %lortgagor by Decd dated August 9th 19 89 , duly recorded in the office for the Recording of Deeds in said Counts in Deed Book No. C Vol 34 Page 612 as the Premises are therein described. and, if necessary. as more particularl} described as follows or on the reverse side hereof. TOGETHER with all the buildings and improvements thereon and additions and alterations thereto, including all alleys, passagewavs, rights. liberties, privileges, hereditaments and appurtenances whatsoever thereunto belonging or appertaining. TO HAVE AND TO HOLD the Premises hereby granted and conveyed unto Mortgagee. to and for the use and behool of Mortgagee, its successors and assigns, forever. THIS MORTGAGE IS MADE subject to the following conditions, covenants and obligations: a. All payments on the Note will be made when due, including payments due by acceleration of maturity, and all other conditions, convenants and obligations as required or provided herein, in the Note, or in any other obligation of Mortgagor to Mortgagee, will be performed: and b. Mortgagor covenants and warrants that Mortgagor has fee simple title to the Premises and the right to mortgage the Premises: and c. Mortgagor will pay when due all taxes and assessments and other governmental charges, including electricity, water and sewer rents levied or assessed against the Premises or any part thereof, and will deliver receipts therefor to the Mortgagee upon request, and shall pay when due all amounts secured by any prior lien on the Premises: and d. Mortgagor will keep the Premises insured against fire and such other hazards in such amount or amounts as may be required by the Mortgagee and the policies and renewals evidencing such insurance shall have attached thereto a loss payable clause(s) in form acceptable to the Mortgagee: and e. Mortgagor will neither sell, assign or transfer any or all of the Premises or any interest therein nor commit nor sufTer any waste, impairment or deterioration of the Premises and will maintain the same in good order and repair; and f. In the event of any default in the making of any payment due and payable under the Note, or in the keeping and performance of any of the con- ditions, covenants and obligations contained herein or in the Note, or in any other obligation of Mortgagor to Mortgagee, Mortgagee may, upon timely notice to Mortgagor if required by law, (i) forthwith bring an action of mortgage foreclosure hereon, or institute other foreclosure proceedings upon this Mortgage, and may proceed to judgment and execution to recover the balance due on the Note and any ether sums that may be due thereunder, including attorneys' fees, costs of suit and costs of sale to the extent, if any, provided in the Note, and (ii) enter into possession of Premises, with or without legal action, lease the same, collect all rents and profits therefrom and, after deducting all costs of collection and administration expense, apply the net rents and profits to the payment of taxes and other necessary maintenance and operation costs (including agents' fees and attomeys' fees) or on account of the Note, in such order and amounts as Mortgagee in Mortgagee's sole discretion may elect and Mortgagee shall be !fable t , account only for rents and prof- its actually received by Mortgagee: and g. Mortgagor hereby waives and releases all benefit and relief from any and all appraisement, stay and exemption !a•.ys now in force or hereafter passed, either for the benefit or relief of Mortgagor, or limiting the balance due to a sum not in excess of the amount actually paid ')%. the purchaser of the Premises at a sale thereof in anyjudicial proceedings upon this Mortgage, or exempting the Premises or any other property, real or personal, or any part of the proceeds of sale thereof, from attachment, levy or sale under execution, or providing for an), stay of execution or other process. and BUT ALWAYS PROVID17D. nevertheless, that ifthis Mortgage and the debts hereby secured are paid in full in the manner provided in the Note, then this [Mortgage and the estate hereby granted shall cease and determine and become void, anything herein to the contrary notwithstanding. The covenants and conditions herein contained shall bind and the benefits and advantages shall inure to the respective heirs, executors, administrators, successors, and assigns of the parties hereto. Whenever used, the singular number shall include the plural, the plural the singular and the use of any gender shall be applicable to all genders. Payment of this Mortgage is subject to the terms and conditions of the Note referred to above. Ci,tIN WITNESS WHERE'he Mortgagor has hereunto set hand and seal the day and year first above written. ness' ' ,-\ - Mortgagor Dale R. +Colem ar? _ 1ness i Mortgagor_,/'Jennie E. Coleman Witness Mortgagor _ fitness --- Mortgagor- 1021 - " E 0 :AGE 35 EX/1HIBIT 4110 3120 REV. 12, 90 1 1 DESCRIPTION OF PREMISES (Insert specific description of Premises, if necessary,) ALL THAT CERTAIN tracts of land lying and being situate in Big Flat in South Mountain, Southampton Township, Cumberland C6unty t? V c? -ra r ; r1 C r-t O C n r n. tV 11 C7 ? c o rn f -? t? z rn -t m O - ? < 0 -? D M State of Pennsylvania C?.unty of Cuberiznd SS Recoroed in the office for the recording of D d ee s et :..1i dnd for i urniberlage County Pm ?1l , _ _- Vol ?.. . j _:witness my hand and s- pi of °fri cejof .? , , Carlisle, FA this - is Recorder It is understood and agreed by the parties that this mortgage is given by Mortgagor as collateral for present and/or future loans to be given from time to time by Mortgagee to Mortgagor; and it is further understood and agreed by the parties hereto that this mortgage shall have the full force, effect and benefit of a mortgage given to secure present and future advances. COMMONWEALTH OF PENNSYLVANIA COUNTY OF C h rland SS On 5th day of July 19 91 , before me the subscriber, a Notary Public in and for the Commofivealih of ? enivtylvania, personally appeared, Dale R. Coleman and Jennie E. Coleman knowp to me,(orA tisfei tprily proven) to be the person(s) whose name(s) is (are) subscribed the above Mortgage and acknowledged execution of the same 'Io?'tFie purposes, tliefettf. ccintained and desired that it be recorded as such. -ywl?t,qrj"'SfMy harid'tu@ official seal the day and year aforesaid. ?Yotary Public I cer4fyth4t the precise residence of the within-named MORTGAGEE, is 331 Bridge Street, New Cu -fA17070. ^, --? aethFv nrbtar?al Seat Cart; Notary Pttbi'iC ?. Y Signatu ?%---- tip sle Bcro, CUMber',a„d County / C , 19 Agent on be alf f Mortgagee' rmissron E'O?sAprfl 15., 1?5 ?^SYNarlid gsspcr?on of Notarl?s eO 1021 PNCBANK Dale R Coleman 153 Ridge Rd Biglerville, PA 17307 Date of this Notice: August 30, 2006 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mort a e on our home is in default and the lender intends to foreclose. S ecific 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 our 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 ou when ou meet with the Counseling A enc . The name address and hone number of Consumer Credit A encies servin our Count are listed at the end of this Notice. If you have anv auestions, you may call the Pennsvlvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (7171780 1869) This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDTTAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIM R SU HIPOTECA. HOMEOWNER'S NAME: Dale R Coleman / Jeanie EColeman / Jennie E Coleman PROPERTY ADDRESS: 153 Ridge Rd Biglerville PA 17307 LOAN ACCT. NO.: 040-01-000760036251 ORIGINAL LENDER: PNC CURRENT LENDER/SERVICER: PNC Bank, NA Member of The PNC Financial Services Group Consumer Loan Center 2730 Liberty Avenue Pittsburgh Pennsylvania 15222 EXHIBIT E (. PN C BANK HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face- to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names addresses and tele hone numbers of desi ated consumer credit counseling a encies for the county in which the property is located are set forth at the end of this Notice It is only necessary to schedule one face-to- face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the 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 Pittsburgh Pennsylvania 15222 ( PNC BANK AGENCY ACTION -- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT Brine it up to date): NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 153 Ridge Rd, Biglerville, PA 17307 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Monthly payments in the amounts of $220.53 for each of the months from June 2006 through Au¢ust 2006 Other charges (explain/itemize): Late Charges for $0.00 TOTAL AMOUNT PAST DUE: $1.322.68 HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $1,322.68, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAYS PERIOD. Payments must be made either by cash cashier's check certified check or money order made payable and sent to: PNC Bank, NA, 273.0 Liberty Avenue 2"d Floor Mailstop• P5-PCLC-02 N Pittsburgh PA 15222 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the morteaee debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgage property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If -you cure the default within the THIRTY (30) DAY period you will not be required to pay attorney fees OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the IfleMgagd.The PNC Financial Services Group Consumer Loan Center 2730 Liberty Avenue Pittsburgh Pennsylvania 15222 PNCBANK RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time uo to one hour before the Sheriff's Sale You may do so by paying the total amount then past due. plus anv late or other charges then due reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with Sheriffs Sale as syecified in writing by the lender and by performin any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately six months from the Date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: PNC Bank NA Address: 2730 Liberty Avenue. 2°d Floor Mailston• P5-PCLC 02 N Pittsburgh PA 15222 Phone Number: (412) 762-8048 or 1-800-878-0027 Contact Person: Beatrice Grates EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt. YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Very truly yours, Arlene West PNC Bank, National Association cc: I" Class U.S. Mail, postage prepaid CONSUMER CREbtTbC(9 &Ef 'Ai?ON&i?gnRVING YOUR COUNTY (see attached) Consumer Loan Center 2730 Liberty Avenue Pittsburgh Pennsylvania 15222 (. PNCBANK Date of this Notice: August 30, 2006 Jennie E Coleman 153 Ridge Rd Biglerville, PA 17307 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on our home is in default and the lender intends to foreclose. S ecific 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 our 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 you when you meet with the Counselin A enc . The name, address and phone number of Consumer Credit Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME: Dale R Coleman / Jennie E Coleman / Jennie E Coleman PROPERTY ADDRESS: 153 Ridge Rd Biglerville PA 17307 LOAN ACCT. NO.: 040-01-000760036251 ORIGINAL LENDER: PNC CURRENT LENDER/SERVICER: PNC Bank, NA Member of The PNC Financial Services Group Consumer Loan Center 2730 Liberty Avenue Pittsburgh Pennsylvania 15222 t PN C BANK HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face- to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice It is only necessary to schedule one face-to- face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's 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 PNCBANK AGENCY ACTION -- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it uy to date): NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 153 Ridge Rd, Biglerville, PA 17307 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Monthly yayments in the amounts of $220.53. for each of the months from June 2006 throu¢h August 2006 Other charges (explain/itemize): Late Charges for $0.00 TOTAL AMOUNT PAST DUE: $1,322.68 HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS 1322.68 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAYS PERIOD. Payments must be made either by cash cashier's check, certified check or monev order made payable and sent to: PNC Bank, NA 2730 Liberty Avenue 2nd Floor Mailstop• P5-PCLC-02 N Pittsburgh PA 15222 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgage property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees 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 Day attorney fees OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the rNoulgagef. The PNC Financial Services Group Consumer Loan Center 2730 Liberty Avenue Pittsburgh Pennsylvania 15222 PNCBANK RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, ou still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale You may do sob paving the total amount then past due, plus any late or other charges then due reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with Sheriff's Sale as specified in writing by the lender and b, performing 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 Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: PNC Bank NA Address: 2730 LibertAvenue 2nd Floor Mailsto : P5-PCLC-02-N Pittsburgh. PA 15222 Phone Number: (412) 762-8048 or 1 800 878 0027 Contact Person: Beatrice Grates EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt. YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Very truly yours, Arlene West cc: 1" Class U.S. Mail, postage prepaid PNC Bank, National Association CONSUMItWORIhWrj MLSfR At CIES SERVING YOUR COUNTY (see attached) Consumer Loan Center 2730 Liberty Avenue Pittsburgh Pennsylvania 15222 ??.PNCBANK Date of this Notice: August 30, 2006 Jennie E Coleman Big Flat Rd RD 1 Biglerville, PA 17307 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on our home is in default and the lender intends to foreclose. S ecific information about the nature of the default is provided in the attached a es. The HOMEOWNER'S MORTGAGE ASSISTANCE Al PROGRA(HEMAP) may be able to help save our home. This Notice explains how the program works To see if HEMAP can hel ou must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with You when ou meet with the Counselin A enc . The name address and hone number of Consumer Credit A encies servin our Coun are listed at the end of this Notice. If You have any Questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. Persons with impaired he ing can call (717) 780 1869) This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDTTAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME: Jennie E Coleman PROPERTY ADDRESS: 153 Ridge Rd Biglerville PA 17307 LOAN ACCT. NO.: 040-01-000760036251 ORIGINAL LENDER: CURRENT LENDER/SERVICER: Member of The PNC Financial Services Group Consumer Loan Center 2730 Liberty Avenue Pittsburgh Pennsytvania 15222 q9 PNCBANK HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. 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 1301 DAYS IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names addresses and telephone numbers of desi ated consumer credit counselin a encies for the county in which the vronerty 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 imm_ ediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Program Application with one of the designated consumer counseling agencies listed 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 ; PNC BANK AGENCY ACTION -- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date) NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 153 Ridge Rd, Biglerville, PA 17307 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Monthly payments in the amounts of $220.53. for each of the months from June 2006 through LAS L Other charges (explain/itemize): Late Charges for $0.00 TOTAL AMOUNT PAST DUE: $1,322.68 HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS 1 322.68 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAYS PERIOD. Payments must be made either by cash cashier's check, certified check or money order made payable and sent to: PNC Bank NA 2730 LibertAvenue 2"d Floor Mailsto : P5-PCLC-02-N Pitts bur PA 15222 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon vour mortgaged 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 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 vav attorney fees OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the IHerig".The PNC Financial Services Group Consumer Loan Center 2730 Liberty Avenue Pittsburgh Pennsylvania 15222 PNC BANK RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale You may do so by paying the total amount then past due, plus any late or other charges then due reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with Sheriff s Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a 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 Liberty Avenue 2'd Floor Mailstop• P5-PCLC 02 N Pittsburg-h PA 15222 Phone Number: (412) 762-8048 or 1-800-878-0027 Contact Person: Beatrice Grates EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff s Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt. YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Very truly yours, Arlene West PNC Bank, National Association cc: 1" Class U.S. Mail, postage prepaid CONSUMER CREb'114?Upkj%4k?,{t&n5il ptN AlgnRVING YOUR COUNTY (see attached) Consumer Loan Center 2730 Liberty Avenue Pittsburgh Pennsylvania 15222 v W r O? i C V I y T O C a CL Z C W ? O 00 R V c a .4 T - T m (D ? N CO c C) o °a N ?y -? ? 2 p n3 O N ° ° Q 5 0 ° T ?I ° cn d D I _N O M Vl A 0 , N y m a) ' 0) U.) W a1: W O)I aI A O O O O O O O O O CD ° O 0 ° O O v O O v %D f? I'D N a% .p O .rn W t0 ?a co C4 C-j (D ? W W ? w' bn.? :roro'o. a C) ?j w: J : , Ol W J rob tiz n G wiZ > m co O F-+ a W O N rt N N U1 00 M 0 m 0000 m000 n ?1 $ 4a m 0000 aoaz ST c`3aa a- a8 00 I , Z EL 0 S c WI ° I I ' N N N I + m o 2?°= D p. NI p. ? ° o. o N o NI m o a x S Igm g - - _ f of a cmad 3 °.N Imp co ?m3 m:ba I ?= I7 m _ I i °m -- . I I I Mal _ Y m Ia`I ? - 5 j L ??. . Q ! J I I $m -- - --- n I ?- -------- ----- I I v . I I ? Ty i oci V7 Ll 111 01 w N lI N V? fV N N ' N Ul -n j -- m A. W C) W CD W O U i Ln Ln N O O O O n , N Q . ? T y ; O CL CL ' Z . 3 ? C 3 w n Co 1 . 4 o T v C co d N 0 ? a 1 C, N 0 a c p m m ?A O H A Fioi? 3 v Q 0 M O A WI N J JI of O O r O O N C) F O z OI 3 J S ?O rorj to z . ? (7 a G tQ ?" in n o co }a+O I NN NO N . O s I r d 0 W! 0000 j, x s o 0 ? 1 ' r 0000 J W o au o: t 8 J ?3ga b V m rn w W m o W i _ d 'D c Q o `D I m y ?E i N N CD N N i P as ? ma .A p m Ha d ?agm=m m lo 1 N P w < I Jza; °' i $?i 1 3 ? I j I Y1 1 U CO] VI CD; Ln A I I W: W W W ? N, A 0 N ,P 0 N ,p 0 N 'p 0 M 0m; m < i m ?? I o j im to Daliv-iLrj 14 00, - CX) Q, 00 . m - N N N LTI Ln N LrI LrI N U7 Ul W Li W Li W W w O W O W O C C O p C Adams County Financial Counseling Service of Franklin County 31 West 3rd Street Waynesboro, PA 17268 (717) 762-3285 American Red Cross - Hanover Chapter 529 Carlisle Street Hanover, PA 17331 (717) 637-3768 Fax # (717) 637-3294 CCCS of Western Pennsylvania 2000 Linglestown Rd Harrisburg, PA 17102 (717) 541-1757 Blair County Economic Opportunity Council 2100 6`h Ave Altoona, PA 16602 (814) 946-3651 Fax # (814) 946-5451 VERIFICATION I, Darnella Ganaway, Attorney Relations Manager, and duly authorized representative of PNC Bank, National Association, depose and say subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities, that the facts set forth in the foregoing Complaint in Mortgage Foreclosure are true and correct upon my information and belief. Dar I anaw y Attorney Relations Manager PNC Bank, National Association lv, 1 i OCOA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, AS SUCCESSOR BY MERGER TO CCNB BANK, N.A. Plaintiff, CIVIL DIVISION No. 06-7251 Civil Term VS. DALE R. COLEMAN and JENNIE E. COLEMAN, PRAECIPE TO REINSTATE 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. I.D. #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, AS SUCCESSOR BY MERGER TO CCNB BANK, N.A., Plaintiff, VS. DALE R. COLEMAN and JENNIE E. COLEMAN, Defendants CIVIL DIVISION No. 06-7251 Civil Term PRAECIPE TO REINSTATE COMPLAINT TO: PROTHONOTARY Please reinstate the complaint in the above-captioned matter. BANK FIN:292056-1000011-130939 2 Pa I.D. #83746 1500 One PPG Place Pittsburgh, PA 15222 Telephone: (412) 566-1212 ? N ? ` . =? i`' C.... ? ..y ? Tel ?-= ?s r? is ?`y -:-."?. `S?l N -, C 3 l am Y ., ? ?' '"f ? ? -- .? ?` ij;; . SHERIFF'S RETURN - NOT FOUND CASE NO: 2006-07251 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PNC BANK NATIONAL ASSOCIATION VS COLEMAN DALE R ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT COLEMAN DALE R but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , the within named DEFENDANT COLEMAN DALE R 153 RIDGE ROAD BIGLERVILLE, PA 17307 153 RIDGE ROAD BIGLERVILLE IS VACANT. NOT FOUND , as to Sheriff's Costs: Docketing Service Not Found Surcharge So answers 18.00 18.48 5.00 R. as Kline 10.00 Sheriff o Cumberland County .00- b ?01 y? 1 51.48 TUCKER ARENSBERG 01/02/2007 Sworn and Subscribed to before me this day of A. D. Is= a SHERIFF'S RETURN - NOT FOUND CASE NO: 2006-07251 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PNC BANK NATIONAL ASSOCIATION VS COLEMAN DALE R ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT COLEMAN JENNIE E but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , the within named DEFENDANT COLEMAN JENNIE E 153 RIDGE ROAD NOT FOUND , as to BIGLERVILLE, PA 17307 153 RIDGE ROAD IS VACANT. Sheriff's Costs: Docketing Service Not Found Surcharge So answer 6.00 .00 5.00 C-Ds Kline 10.00 Sheriff of umbe_rland County .00 ,/21.00 TUCKER ARENSBERG 01/02/2007 Sworn and Subscribed to before me this day of ,-16 I A. D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, AS SUCCESSOR BY MERGER TO CCNB BANK, N.A. Plaintiff, CIVIL DIVISION No. 06-7251 Civil Term vs. DALE R. COLEMAN and JENNIE E. COLEMAN, PRAECIPE TO REINSTATE 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. I.D. #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, AS SUCCESSOR BY MERGER TO CCNB BANK, N.A., CIVIL DIVISION Plaintiff, vs. DALE R. COLEMAN and JENNIE E. COLEMAN, Defendants. No. 06-7251 Civil Term PRAECIPE TO REINSTATE COMPLAINT TO: PROTHONOTARY Please reinstate the complaint in the above-captioned matter. BANK FIN:299484-1 000011-130939 TUCKER ARENSBERG, P.C. 4v?_? Br tt A. o on, Esquire Pa I.D. #83746 1500 One PPG Place Pittsburgh, PA 15222 Telephone: (412) 566-1212 2 ., w c? -? e C" _.j -r3 SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2006-07251 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PNC BANK NATIONAL ASSOCIATION VS COLEMAN DALE R ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: COLEMAN DALE R but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of FRANKLIN County, Pennsylvania, to serve the within COMPLAINT - MORT FORE On February 22nd , 2007 , this office was in receipt of the attached return from FRANKLIN Sheriff's Costs: So answer Docketing 18.00 Out of County 9.00 Surcharge 10.00 R. Thomas Kline Dep Franklin Co 37.91 Sheriff of Cumberland County Postage 2.79 77.70 ? ?, "' /07 , 02/22/2007 ` TUCKER ARENSBERG Sworn and subscribe to before me this day of A. D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2006-07251 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PNC BANK NATIONAL ASSOCIATION VS COLEMAN DALE R ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT COLEMAN JENNIE E but was unable to locate Her deputized the sheriff of FRANKLIN serve the within COMPLAINT - MORT FORE On February 22nd , 2007 , this office was in receipt of the attached return from FRANKLIN Sheriff's Costs: So answers. Docketing 6.00 Out of County .00 Surcharge 10.00 R. Thomas Kline .00 Sheriff of Cumberland County .00 i/ 3l p 7/p 16.00 02/22/2007 TUCKER ARENSBERG Sworn and subscribe to before me this day of County, Pennsylvania, to to wit: in his bailiwick. He therefore A. D. In The Court of Common Pleas of'Cumberland County, Pennsylvania PNC Bank National Association vs. Dale R. Colman et al SERVE: Dale R. Coleman No. 06-7251 civil Now, January 24, 2007 I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Franklin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, within upon at by handing to a and made known to So answers, Sheriff of Sworn and subscribed before me this day of , 20 copy of the original COSTS SERVICE $ MILEAGE AFFIDAVIT County, PA 20 , at o'clock M. served the the contents thereof. SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-00021 T COMMONTWEALTH OF PENNSYLVANIA COUNTY OF FRANKLIN PNC BANK, NATIONAL ASSOCIATION VS DALE R. COLEMAN ETAL GARY L WYRICK , Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT , to wit: COLEMAN DALE R. but was unable to locate Him in his bailiwick. He therefore returns the REIN COMP MORT FORE , the within named DEFENDANT , COLEMAN DALE R. 46 STEWART PLACE NOT FOUND , as to SHIPPENSBURG, PA 17257 eodl?TY NEW ADDRESS LOCATED IN SHIPPENSBURG MOBILE ESTATES IS IN CUMBERLAND COUNTY Sheriff's Costs: So answers: Docketing .00 Service .00 Affidavit .00 RY WYRI Surcharge .00 ROBERT WOLL , Sheriff .00 .00 TUCKER ARENSBERG PC 02/06/2007 Sworn and subscribed to before me this day of C? A.D. a__ Yh Mdo A D. ftc", il"Pd& -"wRF y My Commb" EXWW JNL A 2011 In The Court of Common Pleas of Cumberland County, Pennsylvania PNC Bank National Association vs. Dale R. Colman et al SERVE: Jennie E. Coleman the contents thereof. Now, January 24, 2007 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Franklin deputation being made at the request and risk of the Plaintiff. Sheri County, PA Affidavit of Service 7 , at 3 O'clock A M. served the Now, /fib . / )20 within it pisrAT*b P(Arnrf JAI )*Mme iggeap-sup-E upon ?ENNt . ace**A) at Jo !'f AA T- kqC€ ? /SBt1Q6 , A4 /72 7 by handing to L./N eoC. m to a copy of the original kFi d Ca fto M100-/? and made known to Ale-if-- So answers, Cam, Sworn and subscribe before me this /I day of No. 06-7251 civil County to execute this Writ, this Sheriff of Cumberland County, PA COSTS SERVICE MILEAGE _ AFFIDAVIT Mdrm D. fir, Nobry Pukk CfiMrlow "so% FrrarrldM County CaruNb" Expkn Jon. n, M I $ 0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, AS SUCCESSOR BY MERGER TO CCNB BANK, N.A. Plaintiff, VS. DALE R. COLEMAN and JENNIE E. COLEMAN, Defendants. CIVIL DIVISION No. 06-7251 Civil Term PRAECIPE TO REINSTATE COMPLAINT IN MORTGAGE FORECLOSURE Filed on behalf of PNC Bank, National Association, Plaintiff Counsel of record for this party: Brett A. Solomon, Esquire Pa. I.D. #83746 TUCKER ARENSBERG, P.C. Firm #287 1500 One PPG Place Pittsburgh, Pennsylvania 15222 (412) 566-1212 to s IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, AS SUCCESSOR BY MERGER TO CCNB BANK, N.A., Plaintiff, vs. DALE R. COLEMAN and JENNIE E. COLEMAN, Defendants CIVIL DIVISION No. 06-7251 Civil Term PRAECIPE TO REINSTATE COMPLAINT TO: PROTHONOTARY Please reinstate the complaint in the above-captioned matter. BANK FIN:303481-1 000011-130939 TUCKER ARENSBERG-P.C. Brett . Solomon, Esquire Pa I. D. #83746 1500 One PPG Place Pittsburgh, PA 15222 Telephone: (412) 566-1212 2 y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA. PNC BANK, NATIONAL ASSOCIATION, CIVIL DIVISION AS SUCCESSOR BY MERGER TO V CCNB BANK, N.A. No. G1 Plaintiff, vs. DALE R. COLEMAN and JENNIE E. COLEMAN, Defendants. CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE Filed on behalf of PNC Bank, National Association, Plaintiff Counsel of record for this party: Brett A. Solomon, Esquire Pa. I.D. #83746 Beverly Weiss Marine, Esquire Pa. I.D. 434545 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 i.s: 153 Ridge Road Biglerville, Pennsylvania 1730` Township of Southampto TaAParcel No. 3 6,;;24-013 Brett A Solomon Attorney for Plaintiff BANK FTN289588-1 000011-09722 TMM;4: + TeehntmY' wQthaSw .rte .a IWO, Pa 10 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, AS SUCCESSOR BY MERGER TO CCNB BANK, N.A., Plaintiff, vs DALE R. COLEMAN and JENNIE E. COLEMAN, Defendants CIVIL DIVISION No. IMPORTANT NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing i.n writing with the court your defenses or objections to the claims set forth against you. You are waxned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717)-249-3166 1-800-990-9108 BANK PIN 289588- t 000011-097225 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, ) AS SUCCESSOR BY MERGER TO ) CCNB BANK, N.A., ) } Plaintiff, ) vs. ) ) DALE R. COLEMAN and ) JENNIE E. COLEMAN, ) Defendants. ) CIVIL DIVISION No. COMPLAINT IN MORTGAGE FORECLOSURE AND NOW COMES PNC Bank, National Association, as Successor by Merger to CCNB Bank, N.A. ("Bank"), by and through its counsel, Tucker Arensberg, P.C., and avers the following in support of its Complaint in Mortgage Foreclosure: 1. PNC Bank, National Association, as Successor by Merger to CCNB Bank, N.A., 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, Dale R. Coleman and Jennie E. Coleman, are adult individuals whose last known address is 153 Ridge Road, Biglervil.le, Pennsylvania 17307. 3. On or about July 5, 1998, Dale R. Coleman and Jennie E. Coleman ("Borrowers"), executed a Note and Security Agreement ("Note") whereby Borrower promised to pay to Bank the principal amount of $45,000.00 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 July 5, 1,998 ("Mortgage") given by Dale E. Coleman and Jennie E. Coleman ("Mortgagors") to Bank, encumbering certain real property located at 153 Ridge Road, Biglerville, Township of Southampton, BANK FIN 289588-1 0000] 1-097225 County of Cumberland, Pennsylvania, as more particularly described. therein ("Premises"). The Mortgage was recorded on July 12, 1991 in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania in Mortgage Book Volume 1021, Page 35. 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 September 19, 2006 and as of December 4, 2006 was past due in the amount of $1,322.68. 6. The Mortgagors are the record and real owners of the Premises. 7. There has been no assignment, release or transfer of the Note or Mortgage. 8. On or about August 30, 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 1.983) 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 December 4, 2006 was as follows: Principal $10,626.77 Interest through December 4, 2006 (continuing thereafter at $3.2025 per diem) 9.61 Attorneys' Fees 1,015.00 Costs to be added TOTAL $11,651.38 10. The total amount due to Bank under the Note and Mortgage as of December 4, 2006 was Eleven. Thousand Six Hundred Fifty-One and 38/100 Dollars ($11,651.38), plus costs and attorneys' fees. II }SANK 1-IN 289588-1 000011-097225 40 WHEREFORE, Plaintiff demands an in rem judgment in mortgage foreclosure for the amount due of Eleven Thousand Six Hundred Fifty-One and 38/100 Dollars ($11,651.38), plus continuing interest at the contract rate from December 4, 2006, ]ate charges, reasonable attorneys' fees and costs of foreclosure and sale of the Premises. T KER SBERG, P.C. By: rett A. Solomon, Esquire Pa. I.D. 483746 1500 One PPG Place Pittsburgh, Pennsylvania 15222 (412) 566-1212 Attorney for PNC Bank, National Association, Plaintiff BANK 1-1N:289588-1000011-097225 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, AS SUCCESSOR BY MERGER TO CCNB BANK, N.A., CIVIL DIVISION Plaintiff, Vs DALE R. COLEMAN and JENNIE E. COLEMAN, Defendants No. AFFIDAVI'T' OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF ALLEGHENY I, Brett A. Solomon, Attorney for PNC Bank, National Association, as Successor by Merger to CCNB Bank, N.A., being duly sworn according to law, hereby depose and say that the Defendants, Dale R. Coleman and Jennie E. Coleman, are not members of the military service of the United States of America to the best of my knowledge, information, and belief. Brett A. Solomon ' Attorney for PNC Bank, National Association Sworn to and subscribed before me this _day of.??- Q--A ? -x,2006. Notary Public- c'7a?ir*} S" h §6?Ifu . Wff zak, P,, ary Public, C 1, ?zR f it .fin, }; , ,y< C ouMy lUiy ? Expires May 23, 2W0 ,non _c , P?n?syl, cZ ps?nciz.6icn of Notiarra 1,Jy Commission Expires: BANK PiN 289588-1 000011-097225 AfNINUAL FINANCE Amount Financed ]-Total of Payments PERCENTAGE 1 RATE CHARGE , The amount of r-redi( ptov'ided Tae amouf l you vilf have paid,tller the coil of your ,red 1. l Tl e dollar amount the credi( will cost you.) to you or on your behalf. you have made all scheduled payments as a year y [ale. //,Or °% $ to y; Geo. ?? Your Payment Schedule will ce e means an estimate Number of Payments 7 _ Amounl of Payments $? When Payments Are Due Bi weekly, beginning v 19 $ 19 Security You are giving a securily interest in / ? the „goods or properly being purchased .C' ; / C?•T ?Gci.eo-? ? bnel description of other propert 1?C1=? Filing Fees Prepayment. II you pay off early, you will not have to pay a penally. Assumption. Someone buying your mobile home ? may ? may not, under certain circumstances, be allowed to assume the remainder of this Note on the original terms. See your contract documents for any addilional information about nonpayment, default, any required repayment in full before the scheduled date and prepayment refunds and penalties. ".emiza'ion o` Amoun! `!ranced Amount Financed Amount given to you directly $ Amount paid on your account Amount paid to others on your behalf to public olficiais to insurance company 10 C C /1''? Y-??? . $ J Gr, to to e Anntiol Percentage Ratc. Amount Financed and Payment Schedule shown above are part of this Note and Security Agreemcrt (which is cnllcd the "Note"). You :)re the -soft (or persons) who sign; :is "Harrower" or "Co-Signer" below. If more than one person signs below, each of you will be liab';e, separately and together, for all of your mists in this Naie i(NA 331 BRIDGE STREET ?u PY 1 O u IS ti E ? ASLt?vyOf lvi3 l ru Copor? NEW CUMBERLAND, PENNSYLVANIA 11010 ? I>,?} Tc? _ to our order, at any of our offices, the Amount Financed, plus interest as provided below, in the number of equal bi-weekly p2 yments shown in the Payment Schedule. meats arc due heginning on the date indicated in the Payment Schedule and bi-weekly thereafter. until we are paid in full. 1 ou may pay in advance all or part of the Innce chic at ;rnS time without penalty or premium. 'fhc regular hi-weekly payments to be made hereunder shall be. made by the Bank's deducting the amount of each ment on the date that each said payment is due from a transaction account maintained by the Borrower with the Bank. If the Borrower fails to maintain a transaction 'otmt with the Bank nndJor fails to maintain a halnnce in the account sufficient to make the payments called for herein when said payments arc due, the borrower shall he icf cult under the terms of this ^grcemcnt and the Hnnk may exercise all remedies available to it upon default. Upon default, the Hank, in addition to the other remedies set th {n the Note, mov canecl the bi-weekly p;tvmt nt feature and demand that the Borrower repay the principal balance in monthly installments. The amount of said monthly vmcnts shall be calculated by multiplying the bi-weekly payment set forth by two. By the execution of this Note, the Borrower herein authorizes the bank to deduct all ymenis required to be made by the Borrower under the terms of this Note (Agreement) from the Borrower's transaction account maintained with the Bank. CURITY.IGREEMENT: As security for the prompt payment of the sums you ,e and the proper performance of your promises in this Note, you and all the o-Owners" signing below grant us'. ;i) a security interest in the following personal property, and its equipment and _essoricsi it security interest includes parts, called "accessions," added to the personal apcriy at any later time. iii) a Mortgage up 0 ?T ?A-,7,c,ta r b? ., t,A ,tne./ C11, r? Y,dx I I the property which secures this Notc is called the "Collateral." Our ri`g?ts and ur responsibilities regarding any personal property Collateral are provided in this curtty Agreement, which continues on the reverse sick. Our rights in any real opcrty Collateral arc contained in the Mortgage. At your expense, you will operate and join with us in signing and filing documents and in taking any other :ps which we deem necessary to perfect, maintain perfection or, and satisfy our curtly interest in the Collateral. NO RFAI_ OR PERSONAI- PRON.RTY IS II)l.NrIFIf:D ABOVE, I HIS O'fE IS UNSECURED. NOW INTEREST IS CHARGED: The !=inance Charge consists only of interest imposed daily on the outstanding balance of the Amount Financed at the Annual Percentage Rate. The Finance Charge shown above was (Figured by assumingthat all payments were received on their due dates. If any payment is late, you must pay more Finance Charge than is shown because oft it additional interest imposed. I f you pay early, the Finance Charge will be less. The amount of the increase or decrease in Finance Charge will be due with the last payment, which will be modified to reflect the actual amount then due_ SET-OFF. You acknowledge that the law gives us a right of set-off in any of your property in our possession at any time, including deposit accounts. This means that, if you default, we may exercise our right of sct-off and apply any of your property in our possession. including deposit accounts, to the sums you owe on this vote. FLOOD INSURANCE: If checked ? , insurance is required against flood damage to improved real property or mobile home: Collateral. PROPERTYINSURANCE: If this Note is secured by Collateral which is not in our possession, insurance agairut physical damage to the Collateral is required for the full term of the Note. FLOOD INSURANCE AND PROPERTY INSURANCE MAY BF OBTAINED THROUGH ANY AGENT. BROKER OR OTHER PERSON OF YOUR CHOICE. See Insurance in paragraph ZA of the Security Agrcemem on the reverse side. REDIT INSURANCE IS NOT REQUIRF_D: Subject to acceptance by the insurer named below, credit insurance is available through us for the term of this Note at the st(s) shown below Single Crcdit Life and Single Credit Accident & Health Insurance are available to any one Borrower or Co-Signer signing for insurance below. Joint -edit Life Insurance is available to any two of you signing for such insurance below Nocredit insurance will be provided unless the appropriate statement(s) is signed by the .(son(s) to be insured and the cost(s) shown below arc included in the Amount Financed. (See the NOTICE OFIPROPOSED CREDIT INSURANCE on the reverse side ) 'Lich costs $_ LN ? _ gnantre of person to be insured for Single Credit L,rc surancc by sign ng, you want Single Credit Accident & Healt tl st mn Insurance, which costs S EXHIBIT y ? D Signature o person to be insured for Sin Accident & Health Insurance want Joint Credit Life Insurance. Wh3i are your ages? Ycars Year 1 . ccres •,n c, 1. I Our security interest includes parts, called "accessions," added to the personal property at any later time. payments were rc cc 1s ed on thc'r due daICS it any navme nI 's laic, you must Pay rrmpre Finance Chargc than is shown hecau.se of the additional intcrest imposed If you pay i:trl\ , the Fin:ntcc Chargc will hc. Icsa - he amount of tht incrc:itc of dccrca;t in mane- C hnrLc ,ill he dnc with the I: st peynlcnt, which v% ill he inodilicd to rcll.cl the actual amount then due. SFT-OFF: Yuji nckno,% cdgc Ihm the Inw gives its a right of <cl-oll in mv oI so, r propcm in Our pu;sc:.eion m any tiro- . includingdcpusit act uurtlS. I hti nu;utS 111.11. if you default, we may exercise our right of set-off and apply any of your properly in our possession, including deposit accounts, to the sums you owe on this Notc. ,(ii) a Mortgage up o c- 07-0 A_)T u{'1P /e• C" FLOOD INS URA NCE If checked i ns urance is required against 11ood damage j... to improved real property or mobile home Collateral. All the property which secures this Note is called the "Collateral." Our ng Is and your responsibilities regarding any personal property Collateral are provided in this PROPERTY INSURANCE: If this Note is secured by Collateral which is not in our Security Agreement, which continues on the reverse side. Our rights in any real possession. insurance against physical damage to the Collateral is required for the property Collateral are contained in the Mortgage. At your expense, you will full term of the Note =oopcratc andjoin with us in signing and filing documents and in taking any other steps which we deem necessary to perfect, maintain perfection of, and satisfy our FLOOD INSURANCE AND PROPERTY INSURANCE MAY BE OBTAINED security interest in the Collateral. THROUGH ANY AGENT, BROKER OR OTHER PERSON OF YOUR IF NO REAL OR PERSONAL PROPERTY IS IDENTIFIED ABOVE. THIS CHOICE. See Insurance in paragraph 2.4 of the Secunty Agreement on the reverse NOTE IS UNSECURED side. "R£DIT INSURANCF_ IS NOT REQ(/IRFD: Subject to acceptance by the insurer named below, credit insurance is available through its for the term of this Note at the _ost(s) shown below. Single Credit Life :+nd Single Credit Accident & Health Insurance arc available to anyone Borrower or Co-Signer signing for insurance below. Joint ::redit Life Insurance is available to any tsvu of you signing for such insurance belots. No credit insurance will be provided unless the appropriatc onlemcni(s) ii;igncd by the ncrson(s) to be insured and the cost(s) shown below arc included in the Amount Financed. (See the NOTICE OF PROPOSED CREDIT INSU RANCE on the reverse side.) By signing, you want Single Credit Life Insurance, 13y signing, you want Single Credit Accident & Health Bysigning, you both wont Joint Credit LiFe Insurance ,htch costs S Insurance, which costs S which costs S What are q ? tour ages'., ?/ /??'- I Years >tgnature of person to be insured for Single Credit Life Signature o person to be insured for Single Credit Insurance Accident & Health Insurance What is your age? Years What is your age'? Years Insurer: CONSUMERS LIFE INSURANCE COMPANY, Camp Hill, Pennsylvania 17011 2 Signatures of both persons to be insured for Joint Credit Life Insurance Years THE ADDITIONAL TERMS AND SECURITY AGREEMENT ON THE REVERSE- SIDE ARE PART OF THIS NOTE. BY SIGNING BELOW, YOU INTEND TO BE LEGALLY BOUND BY ALL OF THETERMS OF THIS NOTE. YOU ALSO ACKNOWLEDGE RECEIVING A COMPLETED COPY OF THIS NOT 7 62 Borlgwer's Signature _ Address rower's Signature Add 411,-- 'T _ /73c"; NOTICE TO CO-SIGNER You are being asked to guarantee this debt. Think carefully before you do. If the Borrower doesn't pay the debt, you will have to. Be sure you can afford to pay if you have to, and that you want to accept this responsibility. You ma) have to pay up to the full amount of the debt if the Borrower does not pay. You may also have to pay late fees or collection costs, which increase this amount. The Creditor can collect this debt from you without first trying to collect from the Borrower. The Creditor can use the same collection rnethods against you that can be used against the Borrower, such as suing you, etc. If this debt is ever in default, that fact may become a part of Jour credit record. Cn .Slr;;ti'FR ,S ,SCrRr7 Y,-I r; RIiF.1l F,.O'7 Yon. Inc person (or persons) signing as' Co-Signer" below. promise to pay to us. or to our order, the Amount Financed, plus ntcrest and other charges, us prov dcd in this \ote. You micnd to be legally bound by all the terms of this Vote, separately and together. with the Borrower. You are making this promise to induce us to make the loan to the. Borrower, even though the proceeds will be used only for the Borrower's benefit. You agree that we may seek mmediatc payment from you without making any prior demand for payment upon the Borrower. You also acknowledge receiving a completed copy of this Note. Co-Signer's Signature Cu-Signers S,gnuturc Address Date Address Datc CO-OWNER'S SECURITY 11 ( R1,(_A1ENT You, the person signing as "Co-Owner" below together with the Borrower or otherwise being all of the owners of tht Collwer31, grant us a security interest in the Collateral idcntificd above. tribe Collateral consists of personal, property, you agree to be bound by the terms of the Security Agreement contained in this Note If the Collateral consists of real property, you agree to be bound by the te"s of the Mortgage. You are granting us this security interest tc induce us to make the loan to the Borruwer and to secure the payment by the Borrower of all sums due unditr this Note. If, upon default and sale of the Collateral, therr remains any sum still duc us on the Note• you will not be obligated to pay us that sum. Co-Uwner's Signature Address 01i FR FORM I'A51)9 S-56 (), 89) NOTICE SEE REVERSE SIDE FOR IMPORTANT INFORMATION Date -1999 BANCONSUMER SERVICE. INr --I- , n r ( .; Yo.! fa!' :o make any payment to us on or before the day it comes due, Yo,, prm idc us with fnl_,c informntion or signntures al any time, ii) You dic or hccantc legally incompetent; 10 1'ou do nt,( prootptly and property perform any of your promises or note or -igrc.cmcn( you now or Iatcr h;tvc with us; v) l ou cmintx piny any of your dchts as (licy carne due, vi) The Collateral is lost, stolen, damaged or destroyed; it) The Collateral is sold, transferred, leased, given or delivered, in whole or in par(. (0 a person who is not a parry to the Security Agreement or Mortgage; ii) Proceedings are begun under the Bankruptcy Code by or against you; X) Ant judgment is entered of record against you; or x) Any of your property is attached or .suhject to being forfeited. EF.f ULT AND RLQUIRF-D fill YMENT IN FULL: If any Default occurs, we ay, if we choose. "accelerate"thc maturity of this Note. This mcanswemay declare c entire remaining unpaid balance of this Note and earned interest to be. tmcdiately duc and paynbls. However, if this Note is secured by a Mortgage on sldcnlial real property Collateral, if required by law, we will first send you a timely trice of the Default, advising you of your right to cure the Default and of our tension to l;tke action if you do not cure within the time period provided in our ,tlcc. If u'e file an :tction to collect amounts in Default, you also agree to pay all of r court costs and our reasonable attorney's fees of 209c of the amount due. Our '.ht to collect ttikorney's fees may he limitcd during any cure period provided ht v. We. \yIII continue.to impasc interest daily on all sums owed to us nt the rate o\id_d in (hi, NofC untl wC r.cci\c paynlcnt in lull. teen if wt hate obloineu igolcnt against you. ',S l.' OF LOSS You will remam bound by this Note even ;f the Collateral is lost. )lcn, damagcd or destroyed. NEFIT AAA BURDEN. All the hcnchis of this Note shall favor us. our ccessors and asstg.ns. The obligations shall hind you, and your heirs, personal ,r,'scntatiyct :and assigns. immediately due and payable, you waive your rights to require us to do certain things. Those things are. (i) to demand payment of amounts due (known as "presenlment'?; (ii) to give notice that amounts duc have not been paid (known as "noticc of ui,nrrnur ), and (iii) to obtain nn official certification of nonpayment (known ns "protest'-f, We waive the right to treat any property other than the Collateral as security for this dote. A waiver of any other of our rights under this Note will not be effective unless it is in a signed writing. NO NOTICE OR LOSS OF RIGHTS: We can do any of the following without telling you or losing any rights against you or the Collateral: (t) accept a check or other order marked "paid in full"or with similar language as a partial payment under this Note-, (ii) give additional time for payment of any amount owing under this Notc', (iii) c.xercisc, give up or delay exercising any right against any person or property; (iv) add or release any person or property obligaled under this Note:-or (v) fail to protect or enforce our interest in any of the Collateral. If ULTIPLE PA RTI ES: If there is more than one Borrower on this Note, crone or more Co-Signers, all of your obligations shall be primary. Each of you will be liable, separately and together, for all of your promises in this Notc. VOT`C 'S: Unless otherwise required by law, each demand or notice under this Note shall be delivered or sent by regular mail. addressed to the party at its address as provided in this Note. Either party maychange its address by giyingsuch a no(icc to the other party. Reasonable noticc, when notice is requited, shall be dcelncd to be 10 days. LA W. This Note will be governed by the laws of the Commonwealth of Pennsylvania. unless federal fatvs oppl). . SECURITY AGREEMENT :CIION I I_O,\NAi\-I)COLLA FRAI_. Whl:nvousien(his votcanddeloer o us, and complete the other rccluircd dcutils, we will make a loan to you. This tmitvAgrccntcpl apttlicsunit tit pcrsnnal propertydc.scribcd os Cull:ocral tin the +nl Ngic of Ibis `S Cite As used ill the following SCc(IMIS rtf this SCCUrity App-centcol, )n" a&,o includes any Co-Owncr of the Collatcral. CIION 2 YOUR OTfIFR AGREEMENTS. OWN. SELL, ETC You own the Collateral free and clear of all liens and :uritvimcrests. You will not sell, transfer, lease, give, deliver cr othcrNvi-se dispose the Collatcral. in whole or in part, to any person who is not a party to this Security ;rcement. You will not permit any lien or security interest to be obtained on the ,ll tern{ other than ours MAINTAINING IHECOLLAFERAL. At YourCOSL, you will maintain the tlla(cral in good condition and repair. You will preserve it against lossordamaee. to will pnv till taxes and other charEIes on the C:ollaleral. You will not use the Illatera) 111cea11y or for hire. t OF110SIT ACCOUNTS. If the Coll;ucrol consists of o deposit account or tificmc o(deposit, we may refuse to allow you to close the account or withdra\v y sums from it. If the account or certificate of deposit matures while the Vote nuns unpaid. \te will automatically renew the deposit for the same lime period. as t\ idcd In the deposit a mrment. unless ) ou and \tc ;tgrce that the deposit should rcnc\,cd on other terms. The renewal deposit shall be Collatcral Subject LO this :uritc :\grccrrtcnt. l?'>I:R•\ C(.: Whdc -,,n\ ,um., arc o\<cd nn this dote. YOU will corrc urunce nn :tit, Collalercll which is not in .nn possession tlgninst Ilrc, theft and Icr casually. The policy roust cont:nn ;. dCdoCIlhle douse and be in an amount and h :In insurer that me s'alisfacnory tq us The policy must name us its the "loss- 1 1 he p,tlicv mu<( pro\.idc th:it :tnv I(lt\ is to he pay:lhlc I n r'nu anal to us as our rm.i, alt p.^t r. 11 nin,l ak,) pm"lj, Itl:tl " hr ivcn nn( 1,-es than IO ?I:r; :afar itlCn nulicc ill ills- canccllauuu ill reduction in cuvc(:%C. lot M)y rc:+sun, l;pon rues:. you shall deliver the policies, cc rail Ica les tar other evidence of insurance to In thc. cent of any loss or durrlagc. to the Cullmcrol, you -ill immediately notify in \rrill ng and file a proof of loss with the insurer. We may file a proof or loss on or bch;tif if you fail or refuse to (to so. We ir)uy also sign ynur witne to any check. It( or other ordcr loo the p:lymcnt of insurance proceeds in the event of loss or magc to Utc Cullatcl-A, If it is economically fcasihlc, in our judgment we 'rill nay the {nsur;tncc procccJs to rcp;lir or replace the Collatcral. Othcrwisc, we will Ply the proceeds to reduce Utc sums you uwc oft this Note VOTING OUR SECLIRI 1-Y INTEREST. If it cc:ruficate of title is issued for Collatcral, .oil will WSSiSL us in having our security interest noted on the tif,calc ill litlc. YOUR ALI1 1-10RIT)- TO (IS. 11 you (ail to do what is required of you by arts n .t and 2.5. \rc 11111y, if \.e cllonsc, pcrfont) your obligations and pay h costs rind expenses We will add the amounts we advance to the sums the rro%vrr o\s,cs on this Notc.oil which we I npusc interest as provided in (his Nute. If you fail to honor your promises to maintain insurance in effect, or to pay 1-ding fees. tastes or the costs accessary to keep the Collatcral in good condition and repair, we m;t)•, if we alone choose, advance any sums you promised to pay anti obtain rcplacerncni insurance. H oweyer, any replacement insurance we obtain to cover loss or damage to the Collateral maybe limited loan amount not greater than what you owe on this Note. Any amount we advance on your behalf will be added to the balance on which we impose Finance Charges at the Annual Percentage Rate of this Note, and may be repayable: (i) immediately upon demand; (ii) alone with your bi-weekly payments; or (iii) at the end of the Note, as we alone may specify Our payments on your behalf will not cure your failure to perform your promises in this Security Agreement. 2.7 INSPECTION. You will permit us to inspect the Collateral at any reasonable time. SECTION j. NO LOSS OF RIGHTS. The Vote and this Security -?ereement mat be neeotinled. assiened.extended or renc Aed by us without releasine any of you or the Collateral, \Vc may add or rekase any person or property obligated under the Note and this Security Agreement without losing our rights in the Collateral. SECTION 4. DEFAULT. A Default under the Nntc will be, a Default under this Security Agreement, In addition to all the rights and remedies of a secured part" upon default which are provided under the Uniform Commercial Code, upon our declaring the vote to be immediately clue and notable -1.1 A P PL I CAT IO N O F I) E POS I TS We I)oy apply any de pos l is l llcludcd 111 t h c Collateral against the sums the Borro\tcr owes tin this N ote. If the Collateral consists of a time deposit or cenifcate of deposit. We maV termina,e the deposit before maturity in order to realize on the Collateral, If we terminate the deposit, the contract of deposit or applicable law may require that we impose suhstantiel pcnaltics fur the c:Irl\ \\ilhdrnw;ll. Y2 SURRFNI)VR O1- COL1.;\ IERAI_ \V'c may rcqu{rc you Iu surrender the Collateral to us at o reasonably convenient place we designate. 4A PEACEFUL REPOSSESSION If you don't surrender the Collatcral to us. we may take possession of it, with or without Icgal process, in accord;tncc with low. You authoriz.c us to pc;tccohly enter upon any premises where the Collatcral nt,ry he located for the purpose of Inking possession and removing it. 4.4 EXPENSES OF REPOSSFSSION AND STORAGE We may charge vuu our reasonablc cspcnscs to repossessing, transporting, repairing, storing and selling the Collateral so long as they are allowed by law. 4.5 SA LE OF COLLATfERA L. We may sell, assign or deliver the Collateral at one or more public or private:saJes We will give you reasonable notice of the time and place of sale. We rnuy purchase the Collateral at that sale, free of any equitable or legal right or claim you nt?y have in the Collatcral. We will apply the proceeds of sale firs( to Our expenses and QNn to the SUMS IIIC Borrovcr owes on thl5 •Nule. We will pay any surplus to you If a sum is still owed to us, the Borrower and Co-Signer must pay it to us. NOTICE OF PROPOS'FD CREI-)IT 1,VSUR4,VCE -hc \t-tcr(.1 of III;,. \'nir hrn I t (0 ,,.. , ...:. 1.. .. ._.I I- _ ..,. _ . ..... - ... ., , \1:A I V I '\'I A I Nt ? I I I I'. I, O!.II I?.1( AI_ /At 1'nt" Cost, you ".;.I 117:nn171i I lltC :Ii?•ra1 in (;nett rnnilitll,n ?nIl rrp;iir. ?'Iul will pn'srrvr it;rwlillsl lost or &II11:1ec. Iii .?t Ilk i'ln.r, and whet II: 1,, "n the ull:llcl;ll. nu -.,,It loo( nse Illy :Ilci:il Illcpally or for hire, ?I l OSI I A("( OII:N I S II the (. oIIitICr:,I Coo Slsts oI a dc I) osi( aCcomIt or hc;)tc of deposit. we may refuse to n1low VOL] Io close the account or t6IIIljr;nt' <urns from it. II the acconnl Or CCrtilie:Ite nl deposit matures while the N"te tins unpaid."e Willa kl(0oI;lhCa l l v rCoCW thc. deposit for the semC IIIII C poi lod. as lotd In the &II'I'll aeu:':nx•nl. Wllc,.s , oo :Intl •,tr aucc tl.l:ll the lit. !),I'll .11',111,11 :ne'ttJ on "tl;" tcl'nls. I he renet';tl deposit shilll he C oll;tlcr;Il .Llhleei lo (Ios bits' r\?,rcemcnt. 1I\SURA-NCE. Whilc ant suits are owed on Ihis Note. vnu will c:nn' f:mcc on one Collateral which is not in our possession against lire, theft and r Casunitc I he policy muss COMA 111 ;I dc(ItI lible &10SCan(I be in an vnounl ;111(1 ;In insurer Ihat ;Irc satisfactory to us. I-he policy must n;1mc OF. as Ihe'•loss- c.'The pohct must provide Ihat. any loss is to be payable to YOU an(I to us:is our ests appcnr. It must also provide that we be given not less than 10 days' prior cn notice of anv cancellation or reduction in coverage, for any reason. Upon est, you shall deliver the policies, certilicates Or other evidence of insurance ui n the event of anv loss or dmmnoc to the Collateral, you will immediately notify toiling and tile a proof of loss with the insurer We may file a proof of loss on be11a1f if' ou tail or refuse to do so. We may also sign vnur name to anv check. ur other order for the payment of insurance proceeds in the eccnt of loss or ;toe to the Collateral. If it is economically feasible, in nurjud¢ment. we will the insur;nlcc proceeds to repair or rcpl:Iec the Colkiteral. O(hcnyise, we Will c the proceeds to reduce the sums you ow'c on this Nile. NOT IN(; OUR SF.CURI T Y IN TI:RI S'I', if a ccitilicale of title is issued for ollmcr:ll. tnu will assist us in havlntz, nor security interest noted on the iicntc Of Idle \'(MR AlI I f1OR Il Y TO LIS. If you f:Iil ill do what is required of you hl' ons '_.2. 1.1 and 2.5. we may, if we choose, perform Your ohlicotions anti pat' costs and c. pcnscs. We 1611 a(Id (he nmounls we advance to (he sums the mccroues on Ihis Note, on which'vc impose interest;is provided in this Note. 11 ,',. / I.,.l I'1_,. I I\1.?, , loll ,w neri,iit ,,, Il)'II?r'eeL "'C L c)?';Ile 1'ni at i)oy rC n,S ()n:l h?C Bole. ll:l IION 1, NO LUSS M' RI(i ll'IS I Ile \oIc ;Intl if, iciurlly :Aglct111col M;Ic he licgotiatc(1.;Issl,l'I1Cd.C.xlell(ted orrcocWCd hYoswi hnUt rclcasin anyol rnu or (he Collateral, We nlay iiJJ or release any person or property obligated under I llc Nnlc :Ind (his .Scciirity r\grccrnew without losing Our rights in the Collateral. \l b(' I IO\' •I. I)I 1 ;\ Ocl:tull undcr the ;Nile will Ile :I Oclimli under this %?,:rill ;tt Ill. Ill Idllm"llIII .Ill IIU:I'i11111<nnl:rlncdiC:„1,1.,;'tmdpm!. opoll tIcHult t,,hich arc pro, iJCd undcr the llnllorfll Conltnt:rclal C odc, upon slur declaring the Nutt: to he iminc(Iialcly (nc and paynhlc: 4.1 ,\PPIA'ATIONO1 1)EPOSl'IS. We m:iyapply;InydcposlisIncludedIli thc Collateral against lhC sums the Rorrowerowcs oo this Note If the Colloter:d consists of ;I time deposi( or certificate of deposit, we InaY Icrminotc IhL deposit heforc maturity in order to rc;lh?e on the Cn)latcral. If the terminate the deposit. the contrnct of deposit or ;Ipplicoblc law may require that we impost >uhsl:m(i;Il penalties for the early withdrawal. 4.2 SURRENDER OF COLLATERAL. We may require you to surrender the Collateral to us at a reasonabl\' convenient place we designate. 4.1 PEACEFU1. REPOSSESSION. If yuu don't surrender the Collateral to us. 'ye may lake possession of il. with or wilhuut Icgal process, in aecordimcc with lot'. You authori7c us to peaccablycnter upon any premises Wherc IIic Collater;il nlav he IOCatcd for the purpose of taking possession and removing it. 4.4 EXPENSES OF REPOSSESSION AN 1) STOR,\GF. \WC may chorge ''oil our rcasonahlc expenses in rcpnese;eing, t rnnspnrtini;..rep:Iirint;. storm. :Intl selling the Collateral so lone as they ;Irc allowed by law. -1.5 SAI.rOFCOI_Lr\TLRAL.We mayscll,;tssignordclivcrthcColimcralatone or more puhlic or Pri':alc sales. We tyill ei'c vnu icasonahle notice of the Bloc :Ind pIIt cc of side, We m:IV pureh;I sc the Collateral :It that sale, III of anv equitable or Icgal right or cL•tim you may hacc in the Collateral. Wt will apply the proceeds ofsale First to our e.xpcnses antj Ihcn to the sums the ITurrotccr Owes on this Nntc. We will pat inysurplus to you. if:, Sum is still owed to it,, lhC llotiimcr;iotl (.'n-Si,ner mum nay it to Us, VOTIC1. OF PROPOSF_I) CRFI)I7' /N.S ( RA•\'C E c Signcr(s1 of this Note hcrchy lake(s) nulice that croup credit life insurance Cot erase androrgroup c« dit accident and ht;llth insurance co''traec"ill he iipphc;Ihlc to Note, it so m;irked on the From of this Note and each such type of cn'eragc will he s''riucn by the insurance cornpanv mimed. fhis insurance, ;ubjCCI to accCplancC ht' insurer, Cmcrs only the persi>n(s) signing tIIC rcqucsl fur such insurance. I he amoun( ofehtlrge is indic':Ilcd I'M CACh tynC ofircdit insurnnt e to he purchased. I he term he insurance '611cnnuocncc as of the date the indchicdness is incurred ur nn the JaIC From which the intcrcxl or I innncc C'harees ;ICCIne, it liter, ;tad will c:?pirc on the gm:ikchcdulcd niiitunivdatc of the imIcti(Wileis _Subjecl to acecplanec by the insurer and within 1Odays, there Nill be dchi cred to the insured dehlor(s) accrtilicatc nsur;Ince more fully Jcscribine the insurance. In the event of prcp;Iyment of the indebtedness, a refund of insurance charges will he made T hcre. due. 0\11,\IFR WR?l rssl?o.s_sc.l5 xg) NO FICL: SEF; FRONT SIDE FOR INIPORT,\NT INF0R?1,\1'ION THIS MORTGAGE made this 5th day of July 19 91 between Dale R. Coleman and ,Jennie E. Coleman _ (hereinafter whether one or more called "Mortgagor and CCNB H1sdYtk..`:\ (hereina(ler called Mongagce"), ., Svtmroun. or Cl:.xa C.r? I !n contiidcrition for and to,ecure (ta,meM to Nlurtpa_cr hx Nlung;t or u( a loan and ant inim:st ant! ,iuc dated July 5ht 19 91. ,tilh a Tidal of Pa,ntcnts Princlp,ll Gtlance plu: In:cre<t t<Ir.lc in;t; ;,li:ai lc ; n, ,n,n1. , t 45,000.00 (nnd. or am moolilicatiun. t-clinancinL, of cxten ion therCol ;Ind am' other note or.mher a_;;cntcnt ., hi ''t nt.n he <ubstitutcd therefor. on\ or all of ,thich arc hcrcinaller iallcd "?tnu '1 ;Ind;nrft rntance of all :ondition<. 1:0\0 ,tnt< Ind ;uul in ;hc Note, the Nlurtcaeur Juc.; b\ thcsc;>rescnu _r;till h:u•:aIll, <cIL :once). ;tnd mort_acc Lttiw :hc \I, rlc;t;ic. .\LI ,?II,,•,, in_ ,Ic,:ril•e,l real Cslme silunte in the (C Kjo,tnship, [ ) of Southampton Count\ of Cumberland t: t,ttttltrnt,ralth of Perin l,anin thereinalt:r called "Prenti<e,") nr•,n and J:.icnat d .u _-_R1c1ge Road- ShLppenstZr,q_ and.R igleLl[_]_ll?._ Penns, 1, aria. con, e, .d to the `loneaeor by peed dated Street : JJr<ay ' Au st 9th 19 89 . duly recorded in the olTice for the Recording of Deeds in said County in Deed Book No. C Vol 34 page 612 as the Premises are therein described. and. if necessary, as more particularly described 35 follows or on the re,crse side hereof. TOGETHER with all the buildings and improvements thereon and additions and alterations thereto. includins all alleys passageways rights, hbcnics, privileges, hereditaments and appuncnanccs whatsoever thereunto belonging or 3ppenainine, TO HAVE AND TO HOLD the Premises hereby granted and conveyed unto Mortgagee, to and for the use and behool of Mongagec, its successors and assigns, forever. THIS MORTGAGE IS MADE subject to the following conditions, covenants and obligations: a. All payments on the Note will be made when due. includine payments duc by 3cceleration of maturity. and all other conditions, conyenants and obligations as required or provided herein, in the Note, or in any other obligation of "Oongagor to Mortgagee, will be performed and b. Mongagor covenants and warrants that Mortgagor has fee simple title to the Premises and the right to mortgage the Premises and c. Mortgagor will pay when due all taxes and assessments and other governmental charges, including electricity, water and sewer rents levied or assessed against the Premises or any pan thereof, and will deliver receipts therefor to the Mortgagee upon request, and shall pLy when due all amounts secured by any prior lien on the Premises: and d. Mortgagor will keep the Premises insured against fire and such other hazards in such amount or amounts as may be required by the Mortgagee and the policies and renewals evidencing such insurance shall hate attached thereto a loss payable clause(s) in form acceptable to the Mortgagee, and e. Mortgagor will neither sell, assign or transfer any or all of the Premises or anv interest therein nor commit nor suffer any waste, impairment or deterioration of the Premises and will maintain the same in good order and repair, and f. In the event of any default in the making of any payment due and payable under the Note, or in the keeping and performance of any of the con- ditions. cotenants and obligations contained herein or in the Note.. or in any other obligation of Mortgagor to Mortgagee, Mortgagee may, upon timely notice to Mortgagor if required by law, (i) forthwith bring an action of mortgage foreclosure hereon. or institute other foreclosure proceedings upon this Mortgage, and may proceed to judgment and execution to recover the balance due on the Note and ant ether sums that may be due thereunder, including attorneys' fees, costs of suit and costs of sale to the extent, if any, provided in the "'We, and (ii) enter iou; possession of Premises. with or without legal action, lease the same, collect all rents and profits therefrom and, after deducting all costs of collection and ,idm;nistration expense, apply the net rents and profits to the payment of taxes and other necessary maintenance and operation costs ( including agents Dees and 3ttormeys• fees) or on account of the Note. in such order and amounts as Mortgagee in Mortgagee's sole discretion may elect and Mortgagee shall be liable ., a ;ount only for •en.ts and prof- its actually received by Mortgagee; and g. Mortgagor hereby waives and releases all benefit and relief from any and 311 appraisement. star and exemption laws 'ow in force or hereafter passed, either for the benefit or relief of Mortgagor, or limiting the balance due to a sum not in excess of the amount actually paid 'r. ,he purchaser of the Premises at a sale thereof in any judicial proceedings upon this Ntongage, or exempting the Premises or any other property, real or pe -^na1, or any pan of the proceeds of sale thereof, from attachment, levy or sale tinder execution- or providing for any stay of execution or other process: and BUT ALWAYS PROVIDFn. neIPnhOe.ss, that iflhis NlonRagc and the debts hereby secured are paid in full in the nianncr pro,itlcd in the `Jotc, than this Mortgage and the estate hereby granted shall cease and deter-mine and become toid, amthing herein to the contrary nut withstanding. The covenants and conditions herein contained shall bind and the benefits and advantages shall inure to the respective heirs, executors, administrators. successors, and assigns of the parties hereto. Where,er used, the singular number shall include the plural the plural the singular and the use of any gender shall be applicable to all genders. Payment of this Mortgage is subject to the terms and conditions of the Note referred to above. I---- IN )YITNESS WHEREOF the Mortgagor has hereunto set hand and seal the day and year first above written. nesSi' Mortgagor Dale R. Cole mar-? tartness J Mongagor_/Jennie ?. Colert)an Witness Mortgagor _ Witness ( '11031'0 RLEV 1?•90 Mortgagor b0 0r, i EXHIBIT ;-r 14c t a ? .nsert speci is cescription of Premises, ir necessary.; ALL THAT CERTAIN tracts ofland lying and being situate in Big Flat in South (Mountain, Southampton Township, Cumberland C6unty c? c? J t C_ ' rn U C ? n a C" 0 G7 ,? T O ? CZ o m f.? z rn ? o .? GO - t .C > rn State of Pennsylvania C-ur`ty of Cu-,nberland j SS Ret;ort9-_d in the office for the recording of Deeds et:.,rl and !Or CurT'berlanr, County,ga,_ lr Boo?? ?? Vol. -ve Witness rnv hand ar.c,'„ ?I of OfficelIof , Carlisle, FA th;s 13, _J Reccrder k is understood and agreed by the parties that this mortgage is given by Mortgagor as collateral for present and/or future loans to be given from time to time by iNiortgagee to tvlortgagor, and it is further understood and agreed by the parties hereto that this mortgage shall have the full force, Cried and benefit of a mortgage given to secure present and future advances. COMMONWEALTH OF PENNSYLVANIA COUNTY OF Ciimhe_rl 3nc3 SS On this; 5 th day or July 19 91 , before me the subscriber, a Notary Public in and for the Commonwealth of 1 ennr,ylvania, personally appeared. Dale R. COletTa_n and Jennie E. Coleman knowato me (o7 js?iisr6t(6uly proven) to be the person(s) whose name(s) is (are) subscribed 'L the above Mongage and acknowledged execution of the same Io the purposes tFjefeiF. contained and desired that it be recorded as such. - W1Tt9)63'5'rT'y hand a'zO official seal the day and year aforesaid. I ?,lotary Public / I cecti.iy that the precise residence of the within-named MORTGAGEE, is 331 Bndge Street, New Cu 7070. K40121ial se --- _---! BeU' /fn I / C?:s1e gc eymbeerra" nd CotmoLr Signatu _ 1 =--- - -g _ PtyCcmM--,&CnF_ty I Agent on be all f fvlongaee F??saPr1115, 19-95 Penrsy?anla A3von of Notaffes poor,102 Face 3?; PN C BANK Date of this Notice: August 30, 2006 Dale R Coleman 153 Ridge Rd Biglerville, PA 17307 ACT 91 NOTICE TAKE ACTION TO SATE YOUR NOME FROM FORECLOSURE This is an official notice that the mortgage on our 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 (IfMAP) 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 you when you meet with the Counseling Agency. The name address and phone number of Consumer Credit Agencies serving your County are listed at the end of this Notice If you have any questions you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A --:ONTINUAR VIV IENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION :)BTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU 1`1IPOTECA. HOMEOWNER'S NAME Dale R Coleman / Jennie E Coleman / Jennie E Coleman PROPERTY ADDRESS: 153 Ridge Rd, Biplerville, PA 17307 LOAN ACCT NO. 040-01-000760036251 ORIGINAL LENDER. PNC CURRENT LENDER/SERVICER: PNC Bank, NA Member of The PNC Financial Services Group EMBIT Consumer Loan Center 2730 Liberty Avenue Pittsburgh Pennsylvania 15222 "`? f 9 Pal C BANK HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND KELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: © IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, © IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMEN'T'S, AND 0 IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA ROUSING FINANCE AGENCY. 'T'EMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of foreclosure xi your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face- o-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING ?I UST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED `HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of his meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the -ountyin which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to- ace meeting. Advise your lender imtnediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in his Notice (see following pages for specific information about the nature of your default,) If you have tried and are enable to resolve this problem with the lender, you have the light 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 ubmitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or )ostmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IFYOU DO NO`T' OLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED vGAINS`I' YOUR DOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE VILL BE DENIED. Member of The PNC Financial Services Group Consumer Loan Cenler 2730 Liberty Avenue Pitlsbuigh Pennsylvania 15222 i PN C BANK AGENCY ACTION -- Available funds for emergency mortgage assistance are very limited. They will be disbursed )y 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 )ursued against you if you have met the time requirements set forth above. You will be notified directly by the 'ennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (if you have filed bankriiptcy yore can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring. it up to date): dATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at., 53 Ridge Rd, Biglerville, PA 17307 S SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Monthly vayments in the amounts of $220.53 for each of the months from June 2006 through August 2006 Other charges (explain/itemize): Late Charges for $0.00 TOTAL AMOUNT PAST DUE: $1,322.68 10W TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice DY PAVING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $1,322.68, PLUS ANY IORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAYS ERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent PNC Bank, NA, 2730 Liberty Avenue, 2"d Floor, Mailstop: P5-PCLC-02 N, Pittsburgh, PA 15222 F YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of its Notice, the lender intends to exercise its rig.bts to accelerate the mortg.ag.e debt. This means that the entire utstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in iornthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender lso intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. F THE MORTGAGE IS FORECLOSED UPON - The mortgage property will be sold by the Sheriff to pay off the iortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal roceedings against you, you will still be required to pay the reasonable attorney's fees actually incurred, up to $50.00. owever, if legal proceedings are started against you, you will have to pay all reasonable attorney fees actually incurred y the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which iay also include other reasonable costs. If you cure the default within the THIR'T'Y (30) DAY period, you will not c ;required to pay attorney fees. : THE R LEN-DER REMEDIES - The lender may also sue you personally for the 4apaid principal balance and all other nns due under the meQt .The PNC Financial Services Group Consumer Loan Center 2730 Liberty Avenue Pittsburgh Pennsylvania 15222 PNC BANK JGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - if you have not cured the default within the 'HIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and revent the sale at anytime up to one hour before the Sheriff's Sale. You may do so by paving the total amount then past ue plus any late or other charges then due reasonable attorney's fees and costs connected with the foreclosure sale and ny other costs connected with Sheriff's Sale as specified in writing by the lender and by performing any other :quirements under the mortgage. Curing your default in the manner set forth in this notice will restore your tortgage to the same position as if you had never defaulted, ,ARLIEST POSSIBLE SILERIFF'S SAFE DATE - It is estimated that the earliest date that such a Sheriff's Sale of is mortgaged property could be held would be approximately six months from the Date of this Notice. A notice of )e actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default •ill increase the longer you wait. You may find out at any time exactly what the required payment or action will be by mtacting the lender. Ode' TO CONTACT THE LENDER: Name of Lender: PNC Bank, NA Address: 2730 Liberty Avenue, 2"d Floor, Mailstop: P5-PCLC-02-N, Pittsburgh, PA 15222 Phone Number: (412) 762-8048 or 1-800-878-0027 Contact Person: Beatrice Grates FFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged operty and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove )u and your furnishings and other belongings could be started by the lender at any time. SSUMPTION OF MORTGAGE - You may not sell or transfer your home to a buyer or transferee who will assume e mortgage debt. YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAYOFF THE MORTGAGE DEBTOR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO I-LAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. © TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. 0 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 1'' Class U.S. Mail, postage prepaid WSUMER CREt9l$'?--®tM,ff A,*G C RV>1NG YOUR COUNTY (see attached) Consumer Loan Center 2730 L-iberty Avenue Pittsburgh Pennsylvania 15222 - PNC BANK Jennie E Coleman 153 Ridge Rd Biglerville, PA 17307 ACT 91 NOTICE Date of this Notice: August 30, 2006 TIKE A.CTIOIN TO SAME 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 hem save your home. This Notice explains how the program works. To see if HEMA.P can help you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE Take this Notice with you when you meet with the Counseling Agency. The name address and phone number of Consumer Credit Agencies serving your County are listed at the end of this Notice If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DER-ECHO A :?ONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENEDO DE ESTA NOTIFICACION )BTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA. HOUSING -INANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN 'RESTA-MO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE 'ROGRAM" EL CURL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DER-ECHO A REDIMIR SU IIPOTECA.. HOMEOWNER'S NAME: Dale R Coleman / Jenrue E Coleman./ Jennie E Coleman PROPERTY ADDRESS: 153 Ridge Rd BiQlerville, PA 17307 LOAN ACCT. NO. 040-01-000760036251 ORIGINAL LENDER: PNC CURRENT LENDER/ S ERV ICER: PNC Bank, NA Member of The PNC Financial Services Group Consumer Loan Center 2730 Liberty Avenue Pittsburqh Pennsylvania 15222', PN C BANK HOM.EO WAVER'S E1. ERGENCY 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 ,kSSIST,kNCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE 4SSISTAINCE: 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, Ala D © IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA :IOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of foreclosure )n your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face- o-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING RUST 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 )ATE. CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit counseling gencics listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of his meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the .ount_y in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to- ace meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasons set forth later in .its Notice (see following pages for specific infonnation about the nature of your default.) If you have tried and are nabte 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 ;inergency 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 ubmitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or •ostrnarked 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 'OLLOMI 'T'HE, OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE YIL L_, BE DENIED. Member of The PNC Financial Services Group Consumer Loan Center 2730 Liberty Avenue Pittsburgh Pennsytvan a 15222 0PN C BANK 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. !THE E: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, )FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date): NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 153 Ridge Rd, Biglerville, PA 17307 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due. Monthly payments in the amounts of $220.53 for each of the months from June 2006 through August 2006. Other charges (explain/itemize): Late Charges for $0.00 TOTAL AMOUNT PAST DUE: $11,322.68 HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $1,322.68, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAYS PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: PNC Bank, NA, 2730 Liberty Avenue, 2'd Floor, Mailstop: P5-PCLC-02-N, Pittsburgh, PA 15222 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THUtTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgage property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attomeys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney fees. OTHER LENDER REMEDIES - The lender may also sue you personally for thi0 unpaid principal balance and al l other su11s due under the Meol .The PNC Financial Services Group Consumer Loan Center 2730 Liberty Avenue Pittsburgh Pennsylvania 15222 r! P NC BANK ItIGIIT TO LITRE THE I)EFAYJI T PRIOR T® SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale You may do so by paving the total amount then vast due plus any, late or other charges then due reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you bad never defaulted. EARLIEST POSSIBLE SHERIF'F'S SALE DATE - It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately six months from the Date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: PNC Bank, NA Address: 2730 Liberty Avenue, 2"d Floor, Mailstop: P5-PCLC-02-N, Pittsburgh, PA 15222 Phone Number: (412) 762-8048 or 1-800-878-0027 Contact Person: Beatrice Grates EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt. YOU MAY ALSO HAVE THE FIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. ® TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, rF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) ® TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Very truly yours, Arlene West PNC Bank, National Association' cc I" Class U.S. Mail, postage prepaid CONSGJM MgftfL I? Egll ?? LIES SERVING YO COUNTY (see attached) Consumer Loan Center 2730 Liberty Avenue Pittsburgh Pennsylvania 15222, r V. ?PNCBANK Date of this Notice. August 30, 2006 Jennie E Coleman Big Flat Rd RD 1 Biglerville, PA 17307 ACT 91 NOTICE TAKE ACTION TO SAME 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 you when you meet with the Counseling Agency. The name address and phone number of Consumer Credit Agencies serving your County are listed at the end of this Notice If you have any questions you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LANOTIFICACION EN ADJ NTO ES DE SUMA IMPORTANCIA, PUSS AFECTA SU DERECHO A CONT R- UAR VINIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CURL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DER-ECHO A REDIMIR SU HIPOTECA HOMEOWNER'S NAME Jennie E Coleman PROPERTY ADDRESS: 153 Ridge Rd, Biglerville, PA 17307 LOAN ACCT. NO.: 040-01-000760036251 ORIGINAL LENDER CURRENT LENDERISERVICER: Member of The PNC Financial Services Group Consumer Loan Center 2730 Liberty Avenue Pittsburgh Pennsytvania 1522? t Y HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: © IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE ? 7IVA?REASONABLE PROSPEC`T' OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND ® IF YOU MEET O'T'HER 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 MIDST 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 CREDI'T' COUNSELING AGENCIES -- If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice It is only necessary to schedule one face-to- face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the night 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''OUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, VORECLOSURE MAY PROCEED AGAINS'T' YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. Member of The PNC Financial Services Group Consumer Loan Center 27/30 Liberty Avenue Pittsburgh Pennsylvania 15222 PNCBANK AGENCY ACTION -- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NO'T'E: IF YOU ARE CURRENTLY PRO'T'ECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NO`l[' BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (Kyou 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: 153 Ridge Rd, Biglerville, PA 17307 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Monthly payments in the amounts of $220.53 for each of the months from June 2006 through LAS 1 Other charges (explain/itemize): Late Charges for $0.00 TOTAL AMOUNT PAST DUE: $1,322.68 .HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL, AMOUNT PAST DUE TO THE LENDER, WHICH IS $1,322.68, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAYS PERIOD. Payments must be made either by cash, cashier's check certified check or money order made payable and sent to: PNC Bank NA 2730 Liberty Avenue 2"' Floor Mailstop: P5-PCLC-02-N Pittsburgh PA 15222 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the leuder intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgage property will be sold by the Sheriff to pay off the mortgage debt. if the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees 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 THWTY (30) DAY period, you will not be required to pay attorney fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the Ajerfg".The PNC Financial Services Group Consumer Loan Center 2730 Liberty Avenue Pittsburgh Pennsylvania 15222 r R 0Y ,j U- N C BA-N-K RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paving the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you bad never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's Sale of themortga.ged property could be iicld would be approximately six months from the Date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: PNC Bank, NA Address: 2730 Liberty Avenue 2" d Floor Mailstop: P5-PCLC-02-N Pittsburgh PA 15222 Phone Number: (412) 762-8048 or 1-800-878-0027 Contact Person: Beatrice Grates EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt. YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AST NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. e 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 :c.: I" Class U.S Mail, postage prepaid ?-ONSUMFH YOUR COUNTY (see attached) Consumer Loan Center 2730 Liberty Avenue Pittsburgh Pennsylvania 15222 f - cn n - m m m m N Q ? c O m ? p m d N ? d O _. O O N rt O m a? e e ff F j O a 7 , ?l ?• w NI N ? N ,[} Os J J ? O . O O O O ? W ._ X17 ° CO G,? 1 v I I' I t-n W -.7 n b l CL ,3 'J J ? Ln w VI N K N ?t +? rn ? N to n !I _ ... OD L N lP W N ?? W C N U W C . N U? W C w CD O ?z .p n 4 x m ? St" a Q cc Q U.) N? O tJ? 1 N N O NN O C) K m n n Tjy? N O00© aT ?o g ? ;3ma I m , m n a o O m m C '< m m 3 I m o a } ? m m m 'm 0 WI iO n o m ?. ? m Q e O' ? N X 1 ?'-?.. H n m (P o I?m CD o °-m 3 a CD No°_mo Im?l ? I yg p c i d? m j +h N 0 6 1C1N' a m ?fm = Imm p1 c N N iP J W O t n m o _ ? ' QI i ? m 3 <n a d ? 'rSJ p co CYZ ? p q '. WI ty J V ? W NN ? o o ?d ? < Z' 7 m ? m w y Q' ?` F lam' K A O U ?D vl 3 i 'ro 'p? 9 v? fi m 0 _ P w c 3 ° a ? 0 1+ "`1` C a A o. O m V m o m I am m K ' a 4 } o a U_ _? W ro ti ? W l o tl n ? o ? W W i 1 T m- H ?, a m(f? rn w Nm oW°-pm N3 d N J> .G O -r I <1 n - r to t-j CC) co n v I lP - .. ' : ' N LI' W I cc ? O CO N W i N C W ? W O ?? W O ? O V= C I Adams County Financial Counseling Service of Franklin County 31 West 3`d Street Waynesboro, PA 17268 (717) 762-3285 American Red Cross - Hanover Chapter 529 Carlisle Street Hanover, PA 17331 (717) 637-3768 Fax # (717) 637-3294 CCCS of Western Pennsylvania 2000 Linglestown Rd Harrisburg, PA 17102 (717) 541-1757 Blair County Economic Opportunity Council 2100 6`' Ave Altoona, PA 16602 (814) 946-3651 Fax 4 (814) 946-5451 VERIFICATION I, Darnella Ganaway, Attorney Relations Manager, and duly authorized representative of PNC Bank, National Association, depose and say subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities, that the facts set forth in the foregoing Complaint in Mortgage Foreclosure are true and correct upon my information and belief. Attorney Relations Manager PNC Bank, National Association 0 A 8 'd (3'1 ? 1 (`7 fl' c3 f? J\ J w ?? C SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2006-07251 P COMMONWEALTH OF PENNSYLVANIA: COULTTY OF CUMBERLAND PNC BANK NATIONAL ASSOCIATION VS COLEMAN DALE R ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: COLEMAN DALE R but was unable to locate Him deputized the sheriff of FRANKLIN serve the within COMPLAINT - MORT FORE County, Pennsylvania, to On July 2nd , 2007 , this office was in receipt of the attached return from FRANKLIN Sheriff's Costs: So a S* Docketing 18.00 Out of County 9.00 Surcharge 10.00 omas line Dep Franklin Co 31.34 ,-5h riff of Cumberland County Postage 3.65 71 . 9 9 ? ?•t??D 7 07/02/2007 TUCKER ARENSBURG Sworn and subscribe to before me this day of in his bailiwick. He therefore A. D. In The Court of Commoik Pleas of Cumberland County, Pennsylvania PNC Bank vs. Dale R. Colman No. 06-7251 civil Now, May 21, 2007 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Franklin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. O? Sheriff of Cumberland County, PA Please mail return of service to Cumberland County Sheriff. Thank you. Affidavit of Service Now, within upon at by handing to a and made known to So answers, the contents thereof. )-W ? "??p - Sheriff o County, PA Sworn and subscribed before me this day of , 20 copy of the original COSTS SERVICE - MILEAGE _ AFFIDAVIT 20 , at o'clock M. served the SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-00021 T COMMONTWEALTH OF PENNSYLVANIA COUNTY OF FRANKLIN PNC BANK, NATIONAL ASSOCIATION VS DALE R. COLEMAN ETAL COLEMAN DALE R. GARY L WYRICK , Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT , to wit: COLEMAN DALE R. but was unable to locate Him in his bailiwick. He therefore returns the REIN COMP MORT FORE the within named DEFENDANT 46 STEWART PLACE SHIPPENSBURG, PA 17257 MOVED TO CUMBERLAND CO Q 36 COLONIAL DRIVE, SHIPPENSBURG, PA Sheriff's Costs: So an wers: c Docketing .00 -4 Service .00 Affidavit .00 G MY L qr4RICK Surcharge .00 ROBERT LLYUNG, eriff .00 .00 TUCKER ARENSBURG PC 06/08/2007 Sworn and subscribed to before me this day of A. D. 00, Notary r ?' NofriN ?M My CommWeion Expires Jan. 29, M j Ob- `lc?`?l c ,;I NOT FOUND , as to IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, AS SUCCESSOR BY MERGER TO CCNB BANK, N.A. Plaintiff, CIVIL DIVISION No. 06-7251 Civil Term vs. DALE R. COLEMAN and JENNIE E. COLEMAN, PRAECIPE TO REINSTATE 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. I.D. #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, AS SUCCESSOR BY MERGER TO CCNB BANK, N.A., CIVIL DIVISION Plaintiff, vs. DALE R. COLEMAN and JENNIE E. COLEMAN, Defendants. No. 06-7251 Civil Term PRAECIPE TO REINSTATE COMPLAINT TO: PROTHONOTARY Please reinstate the complaint in the above-captioned matter. BANK FIN:299484-1 000011-130939 TUCKER ARENSBERG, P.C. Br tt A. o on, Esquire Pa I.D. #83746 1500 One PPG Place Pittsburgh, PA 15222 Telephone: (412) 566-1212 2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA. PNC BANK, NATIONAL ASSOCIATION, CIVIL DIVISION AS SUCCESSOR BY MERGER TO No CCNB BANK, N.A. 1 Plaintiff, vs. DALE R. COLEMAN and CIVIL ACTION - COMPLAINT IN JENNIE E. COLEMAN, MORTGAGE FORECLOSURE Defendants. I hereby certify that the property to be foreclosed upon is: Filed on behalf of PNC Bank, National Association, Plaintiff Counsel of record for this party: Brett A. Solomon, Esquire Pa. I.D. 483746 Beverly Weiss Marine, Esquire Pa. I.D. #34545 TUCKER ARENSBERG, P.C. Firm #287 1500 One PPG Place Pittsburgh, Pennsylvania 15222 (412) 566-1212 153 Ridge Road r_.. Biglerville, Pennsylvania 1730 Township of Southampto - - T'a Parcel No-3 -16 24-013 Brett A Solomo3) Attorney for Plaintiff wt?rrlohi?ir#? A M „m? r ?y t; . s'1 t-4-- RANK-FIN, 289588.1 000011-097225 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, AS SUCCESSOR BY MERGER TO CCNB BANK, N.A., CIVIL DIVISION Plaintiff, vs DALE R. COLEMAN and JENNIE E. COLEMAN, Defendants No. IMPORTANT NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717)-249-3166 1-800-990-9108 BANK FTN289588-10000)1-0977-25 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, AS SUCCESSOR BY MERGER TO CCNB BANK, N.A., CIVIL DIVISION Plaintiff, vs DALE R. COLEMAN and JENTNIE E. COLEMAN, Defendants No. COMPLAINT IN MORTGAGE FORECLOSURE AND NOW COMES PNC Bank, National Association, as Successor by Merger to CCNB Bank, N.A. ("Bank"), by and through its counsel, Tucker Arensberg, P.C., and avers the following in support of its Complaint in Mortgage Foreclosure: 1. PNC Bank, National Association, as Successor by Merger to CCNB Bank, N.A., 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, Dale R. Coleman and Jennie E. Coleman, are adult individuals whose last known address is 153 Ridge Road, Biglerville, Pennsylvania 17307. 3 On or about Jul), 5, 1998, Dale R. Coleman and Jennie E. Coleman ("Borrowers"), executed a Note and Security Agreement ('Note") whereby Borrower promised to pay to Bank the principal amount of $45,000.00 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 July 5, 1.998 ("Mortgage") given by Dale E. Coleman and Jennie E. Coleman ("Mortgagors") to Bank, encumbering certain real property located at 153 Ridge Road, Biglerville, Towlsliip of Southampton, 13ANx T-rN 289588-1 000071-097225 County of Cumberland, Pennsylvania, as more particularly described. therein ("Premises"). The Mortgage was recorded on July 12, 1991 in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania in Mortgage Book Volume 1021, Page 35. 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 September 19, 2006 and as of December 4, 2006 was past due in the amount of $1,322.68. 6. The Mortgagors are the record and real owners of the Premises. 7. There has been no assignment, release or transfer of the Note or Mortgage. 8. On or about August 30, 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 December 4, 2006 was as follows: Principal $10,626.77 Interest through December 4, 2006 (continuing thereafter at $3.2025 per diem) 9.61 Attorneys' Fees 1,015.00 Costs to be added TOTAL $11,651.38 10. The total amount due to Bank under the Note and Mortgage as of December 4, 2006 was Eleven Thousand Six Hundred Fifty-One and 38/100 Dollars ($11,651.38), plus costs and attorneys' fees 'BANK YDT 289588-) 00001 1-09722 5 WHEREFORE, Plaintiff demands an in rem judgment in mortgage foreclosure for the amount due of Eleven Thousand Six Hundred Fifty-One and 38/100 Dollars ($11,651.38), plus continuing interest at the contract rate from December 4, 2006, late charges, reasonable attorneys' fees tl? and costs of foreclosure and sale of the Premises. T KER SBERG, P.C. By: rett A. Solomon, Esquire Pa. I.D. 483746 1500 One PPG Place Pittsburgh, Pennsylvania 15222 (412) 566-1212 Attorney for PNC Bank, National Association, Plaintiff BANK FIN 259588-1 0000) 1-097225 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, AS SUCCESSOR BY MERGER TO CCNB BANK, N.A., CIVIL DIVISION Plaintiff, vs DALE R. COLEMAN and JENNIE E. COLEMAN, Defendants No. AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF ALLEGHENY SS: I, Brett A. Solomon, Attorney for PNC Bank, National Association, as Successor by Merger to CCNB Bank, N.A., being duly sworn according to law, hereby depose and say that the Defendants, Dale R. Coleman and Jennie E. Coleman, are not members of the military service of the United States of America to the best of my knowledge, information, and belief. Brett A. Solomon Attorney for PNC Bank, National Association Sworn to and subscribed before me this day of.'??2006 Notary Pubhc.._.,j COMMONWEALTH OF t' NNS`!LVAIUIf- d? -Aajt! Sep Kdli j. Wtt zok A'o9ci1? Pubk3 Bcrn'bes, F'engsylunnin PSKocia/lon oS Notwie': 1\'ly Conl.missloll Expires BANK PIN 289588-100001]-097225 ANNUAL FINANCE Amount Financed I Total of Payments PERCENTAGE CHARGE The amount of r,redit provided Tae anwun( you vill have paid af(er RATE The dollar amounl the to you or on your behalf you have made all scheduled payments. the cost of your credit earl rate as credit will cost you.?7) ACC 5 / (? y . a y - // o p °ro ? oho. l? $ O?=G' er $ lOy; ?D. ?? Your Payment Schedule will be: e means an estimate Number of Payments Amount of Payments When Payments Are Due -7 $ Q, Bi weekly, beginning v 19 g 19 Security You are giving a security interest in. ? ine ods or properly being purchased l .C Cr•T ?4ct?o brief description of other properi2517 r- Filing Fees Prepayment: I( you pay off early, you will not have to pay a penally. Assumption: Someone buying your mobile home ? may ? may not, under certain circumstances, be allowed to assume the remainder of this Note on the original terms. See your contract documents for any additional information about nonpaymen(, delault, any required repayment in full before the scheduled date and prepayment refunds and penalties. 1 itemization of Amouhl. financed Amount Financed Amount given to you directly $ -- cl -"_ Amount paid on your account Amount paid to others on your behall to public officials to insurance company t o C C /'L'? y .?- /-J $ Lam' to 5 to $ C Annual Pcrccntaae R;1lC Amours Financed and Payment Schedule shown above are part of this dote and Security Agreement (which is callcel the "No(e"). Yuri rare the -.son for pcr.sons) who sigru ;Is -Rorrowcr" or -'Cn-Signer" below. If more than one person signs below, each of you will be liable, separately and together, for all of your >I„i", in 1111.a Noic %(Xi-AB BvikrA 331 BRIDGE STREET >U 1) ROna1$E A uy4 CNT3Corpa jiji a-t NEW CUMBERLAND, PENNSYLVANIA 17070 > 1'.\ Y 10 IIS: C -- 1.11 to our order, at any of our offices, the Amount Financed, plus interest as provided below, in the number of equal bi-weekly payments shown in the Payment Schedule. s'mcnts arc due beginning on the dale indicated in the Payment schedule and bi-weekly thereafter. until we are paid in full. You may pay in advance all or part of the lance duc at any time without pcnalty or premium. the regular bi-weekly payments to be made hereunder shall be, made by the Banks deducting the amount of each t rttenf on the date that each said payment is due from a transaction account maintained by the Borrower with the Bank. If the Borrower fails to maintain a transaction 'mint with the Bank and'or fails to m:untain a hal;tnec in the account sufficient to make tine payments called for herein when said payments arc due, the borrower shall be J0;iult under the terms of this \greemcni. and the Bank may exercise all remedies available to It upon default. Upon default, the Bank, in addition to the other remedies set tin in file Note, may caned the hi-weekly pavrricnt feature and demand that the Borrower repay the principal balance in monthly installments. The amount of said monthly vments shall be calculated by multiplying the bi-weekly payment set forth by two. By the execution of this Note, the Borrower herein authorizes the bank to deduct all yments required to be made by the Borrower under the terms of this Note (Agreement) from the Borrower's transaction account maintained with the Bank. CURITY AGREEM&N'T. As security for the prompt payment of the sums you ,c and the proper performance of your promises in this Note, you and all the o-Owners" signing below grant us: 'i) a security interest in the following personal property, and its equipment and -tssories. it security interest includes parts, called "accessions," added to the personal )pcrty at any later time. (ii) aMortgageup C)v`T ti7w? b? I the property which secures this Note Is 'Ilcd the "Collateral." Our rights and ur responsibilities regarding any personal property Collatcral arc provided in this runty Agreement, which continues on the reverse side. Our rights In any real opcrty Collatcral arc contained in the Mortgage. At your expense, you will operate and join with us in signing and filing documents and in taking any other .ps which we deem necessary to perfect, maintain perfection of, and satisfy our runty interest in the Collatcral. NO REAL OR PCRSOPNsI, PROI'fiRTY IS M N'I'IFil:I) ABOVF_ 1 HIS O"TE IS UNSECURED. HO IV INTEREST IS CHARGED: The Finance Charge consists only of interest mposed daily on the outstanding balance of the Amount Financed at the Annual Percentage Rate. The Finance Charge shown above was figured by assumingihat all payments were received on their due dates. If any payment is late, you must pay more Finance Charge than is shown because of the additional interest imposed. If you pay early, the Finance Charge will be less. The amount of the increase or decrease in Finance Charge will be due with the last payment, which will be modified to reflect the actual amount then due. SET-OFF: You acknowledge that the law gives us a right of sct-off in any of your property in our possession at any time, including deposit accounts. This means that, if you default, we may e.xericise our right o(sct-off and apply any of your property in our possession. including deposit accounts, to the sums you owe on this Note. FLOOD INSURANCE If checked ? , insurance is required against flood damage to improved real property or mobile home Collateral. PROPERTYINSURi1rVCE: If this Note issecured bvCollateral which is not in our possession, insurance against physical damage to the Collateral is required for the full term of the Note. FLOOD INSURANCE AND PROPERTY INSURANCE MAY BF OBTAINED THROUGH ANY AGENT. BROKER OR OTHIIR PERSON OF YOUR CHOICE. Sec Insurance in paragraph 2.4 of the Security Agreement nn the reverse side. REDIT INSUR,iA'CE (SNOT REQUIRED Subject to acceptance by the insurer named below, credit insurance is available through us for the term of this Note at the st(s) shown below Single Credit Life and Single Credit Accident & Health Insurance are available to any one Borrower or Co-Signer signing for insurance below. Joint -edit Life insurance is available to any two of you signing fur such insurance below. No credit insurance will be provided unless the appropriate statement(s) is signed by the .son(s) to be insured and the cost(s) shown below arc included in the Amount Financed. (See the NOTICE OF PROPOSED CREDIT tNS URANCE on the reverse side ) ? 'C. yc.. .. .. ?., nV'l., ?. . ,,.lv „?i ill.. liich costs /I /) f gnature of person to be insured for Single Credit L ifc sus'ancc by signing, you want Singie Credit Accident & Insurancc, which costs S Signature of person to be insured for Si Accident & Health Insurancc EXHIBIT A D want Joint Credit Life Insurance. What are your ages' _ Year,, Year ,<ric; Our security intcrest includes parts, called "accessions," added to the personal I• nos me^ts were rcccl ed on thur due dates 11 any nay ncnt Is laic, you crust nary more Finance Charge than is shown hecause of the additional intcrest imposed. If you p:tv Carla'. the I iwincc Ch;ir?e will hr. Icss. I hC amount of 1111 increase r+r dccria;t in 1n lnie C'h rrlc will hC iluc with the last payment, which trill he mothli, rd In rcllrt the actual amount then duc. ,SET-OFIr You ucknowlcdECc that the law grvc5 its n right of el-olf in ,city of sour propcrts' io our pussc;s{on of imy time, including deposit aCCI) IIn15. I hIS I11CaI)? 111.11. if )ou default, tyc may exercise our right of set-off and apply any of your property in our possession, including deposit accounts, to the sums you owe on this Note. property at any Met- time. p (ii) a ivturtgage up O C ' FLOOD INSURANCE. ((checked 0 . insurance is required against Ilood damage / [ %A- •-?. to improved real property or mobile home Collateral. All the property which secures this Note is called the "Collateral." Our ng Is and your responsibilities regarding any personal property Collateral are provided in this PROPERTYINSURANCE: If this Note is secured by Collateral which is not 1n our Security Agreement, which continues on the reverse side. Our rights in any real possession. insurance against physical damage to the Collateral is required for the property Collateral are contained in the Mortgage. At your expense, you will full term of the Note =oopcrate and join with us in signing and filing documents and in taking any other . >tcps which we deem necessary to perfect, maintain perfection of, and satisfy our FLOOD INSURANCEAN D PROPERTY INSURANCE MAY BE OBTAINED security interest in the Collateral. THROUGH ANY AGENT, BROKER OR OTHER PERSON OF YOUR IF NO REAL OR PERSONAL PROPERTY IS IDENTIFIED ABOVE. THIS CHOICE. See Insurance in paragraph 2.4 of the Secunty Agreement on the reverse VOTE IS UNSECURED side. ':REDIT INSSURANCF_ ISNOT REQUIRED: Subject to acceptance by the insurer named below, credit insurance is available through us for the term of this Note at the '-t(s) shown hclow. Single Credit Life and Single Credit Accident & Health Insurance are available to any one Borrower or Co-Signer signing for insurance below. Join( Lredit Lifc Insurance is available to any two of you signing for such insurance below No credit insurance will be provided unless the appropriate statement(s) issiencd by the ncrson(s) to be insured and the cost(s) shown below arc included in the Amount Financed. (See the NOTICE OF PROPOSED CREDIT INSURANCE on the rcvcrseside.) By signing, you wont Single Credit t.ife Insurance, By signing, you want Single Credit Accident & Health Bysigning, you both want Joint Credit Life Insurance, Nhich costs S Insurance, which costs S which costs S _ what are your aces' Years Signature of person to be insured for Single Credit Life Signature o person to be insured for Single Credit Insurance Accident & Health Insurance What is your age? Years Whitt is your age? Years Insurer: CONSUMERS LIFE INSURANCE COMPANY, Camp Hill, Pennsylvlknia 17011 2. Ycars Signatures of holh persons to he insured for Joint Credit Life Insurance THE ADDITIONAL TERMS AND SECURITY AGREEMENT ON THE REVERSE SIDE ARE PART OF THIS NOTE. BY SIGNING BELOW, YOU INTEND TO BE LEGALLY BOUND BY ALL OF THETER NIS OF THIS NOTE. 7 YOU ALSO ACKNOWLEDGE RECEIVING A COMPLETED COPY O_FTHIS NOTE Borr wer's Signature Ad ess r mower's Signature Address NOTICE TO CO-SIGNER You are being asked to guarantee this debt. Think carefully before you do. If the Borrower doesn't pay the debt, you will have to. Be sure you can afford to pay if you have to, and that you want to accept this responsibility. You may have to pay up to the full amount of the debt if the Borrower does not pay. You may also have to pay late fees or collection costs, which increase this amount. The Creditor can collect this debt from you without first trying to collect from the Borrower. The Creditor can use the same collection methods against you that can be used against the Borrower, such as suing you, etc. If this debt is ever in default, that fact may become a part of your credit record. CO-.SJt'iNFR S SC1 RF,TY.4 (, RIiF.U F,4"7` Yon, the person (or persons) signing as "Co-Signer" below. promise to pay to us, or to ourorder, the Amount Financed, plus merest and other charges, its provided in this :Note You intend to he IcgAly bound by all the terms of this ;Note. sep3ratels and together. with the Borrower. You are making this promise to induce us to make the loan to the. Borrower, even though the proceeds will be used only for the Dorrowcr s benefit. You agree that we may seek mmediate payment from you without making ;anti, prior demand for payment upon the Borrower. You also acknowledge receiving a completed copy of this Note Co-S%ncr's Signature CU-Signer's S ignature Address Date Address Dotc CO-OK'NER S SFCuRITY A(;RLCtILNT: You, the person signing as "Co-Owner" below, together with the Borrower or otherwise being all of the owners of tht Collateral, grant us a security interest in the Collatcral idcntlflcd above. If the Collateral consists of personal property, you agree to be bound by the terms of the Securitt Agreement contained in this Note If the Collatcral consists of real property, you agree to be bound by the terms of the Mortgage. You arc granting us this security interest tc induce us to make the loan to the Borruwer and to secure the payment by the Borrower of all sums due under this Note. If, upon default and sale of the Collateral, thert remains any sum still duc us on the Note, you will not' be obligated to pay us that sum. Co-Owner's Signature Address Date 11ANCON'S U 11 ER FORM PA', 179.1.56(5, 89) NOTICE: SEE. REVERSE SIDE FOR IMPORTANT INFORMATION x1999 BANCONSUMER SERVICE. IN( I r•..1r,I or You fai' o make any payment to us on r before the day it comes due; I1) voil prnvidc u, with fal.ic information or signntures nt any time, ,I) You dic or become legally incompetent', iv) You do not promptly and properly perform any of your promises or .?1:_ ......: ..: .. \. 1... ?'. ...tl?: ilt. il:: note or agreement you now or Inter have with us', You cannot pay any or your dch(s os they come duc; III) The Cbllalcral is lost, stolen. damaged or destroyed; it) The Collnteral is sold, Lranslerred, leased, given or delivered, in whole or in part. to a person who is not a party to the Security Agreement or Mortgage; ii) Proceedings arc begun under the Bankruptcy Code by or against you; X) Any judgment is entered of record against you', or x) Anv of your property k :m:iclicd or subject to being forfeite(l. EF.t ULT JA'D REQUIRFD Pit )',VENT IN FULL- If any Dcfoull occurs, we sty, if wc. choose.' accelerate"thc maturity of this Note. This means we may declare c entire rcmuining unpaid balance of this Note and earned interest to be lmediately due and poynblc, However, if this Note is secured by a Mortgage on sidor ial real property Collateral, if required by law, we will first send you a timely hire of the Default, advising you of your right to cure the Default and of our tention to lake :it tion if you do not cure within the time period provided in our ,lice, if we file on 71CLIOn to collect amounts in Default, you also agree to pav all of r court costs and our reasonable rMorncy's fees of 20% of the amount due. Our ht In cnllect artornev's ices mnv he limited during any cure period provided b,' .v \V'! trill continue to impose interest daily on all sums owed to us m the rate otiJcd :n 0111 Nulc until uC r,XCl\C p:l}n1Cn1 in lull. Cccn if we h:nc obtnineJ igincnt against you. 'SK OF 1,0).S You will remain hound by this Note even if the Collateral is lost. )Icn, damaged or destroyed, NEF/T AND BURDEN: All the henefitS of this Note shall favor us. our cccssors and issigns. The obligations shall hind you, and your heirs, personal lrescnt:liiccl and nssiens, .: .1, 1.111. r, , -11-1 iii, -1N11- vu:.1 -1 - -- v,U 11-U -MU 1110-1 l1r to Oe immediately due and payable, you waive your rights to require us to do certain things. Those things arc: (i) to demand payment of amounts due (known as "presentment'), (ii) to give notice that amounts clue have not been paid (known is "notice or 111JI1onol' ), and (iii) In obtain an official ccrlificntion of nonpayment (known ;Is 'protesl'?, We waive the right to treat any property other than the Collateral as security for this Nole. A waiver of any other of our rights under this Note will not be effective unless it is in a signed writing. NO NOTICE OR LOSS OF RIGHTS: We can do any of the following without telling you or losing any rights against you or the Collateral: (i) accept a check or other order marked "paid in full-or with similar language as a partial payment under this Note; (ii) give additional time for payment of any amount owing under this Tote; (iii) exercise, give up or delay exercising any right against any person or property; (iv) add or release any person or property obligated under this Note'..or (v) fail to protect or enforce our interest in any of the Collateral. .IfULTIPLE P,I RTIES: if there ismore than one Borrower on this Note, crone or more Co-Signers, all of your obligations shall be primary. Each of you will be liable, separately and together, for all of your promises in this Nolc. \'OT!C,,S: Unless otherwise required by law, each demand or notice under this Notc shall be delivered or sent by regular mail, addressed to the party at its address as provided in this Note. Either party may change its address by giving such It notice to the other party. Reasonable notice, when nutlet is requited, shall be deemed to be Ill days. LA IV: This Notc will be governed by 11e laws of the Common,oealth of Pcnnsvlvanin. unlcss federal lows apply. . SECURITY ACREENIFNT CTION I. LOAN ANDCOI.L,\TFR;\L. When vousi):nthis lNotc;lnddeli,er o us, and Complete the other required deaths, we will make a loan to you. This t'uritr,\) rcCntCnt Applies only io pcrson;tl propc'.rty dcscrihcd ;Is C ull:tlcral on the ,111 >itic of this Note ,\s toed in the follnwillf.4' ' lCCliOlIS of this'tiCCUrily Agrt'enlcnl. ul° ako includes ;Inv Co-Owner of the Collateral. CiIO,V2 YCJRO'TIIERAGREEMENTS. OWN. SELL. ETC. You own the Collateral free anti clear of all liens and unty interests. You µ'11l not sell, transfer, lease, give, deliverer otherwise dispose the COllaleral. in whole or in part, to any person who is not a parry to Ihis Security jcemenl. You will not permit any lien or security interest to be obtained on the Matcral other than ours t MAINTAINING I HE COLLATERAL At your cost, you will maintain the )llateral in good condition and repair. You Will preserve it against loss or damage. Iu vill pav all taxes and other chni-aes on the Collateral. You will not use the tllatcral illceally or for hire i DEPOSIT ACCOUNTS. If the Coll:tlcr;d consists of a deposit account or -nflcttc of deposit. Ne may refuse to allow You to close the account or l6thdratc sums from it. If the account or certificate of deposit matures while the Note nams unpaid. \,e will automatically renew the deposit for the same time period. as ), idcd in the deposit aareenlent. unlcss N uu and tt'c aErec that the deposit should renewed on other Icrms. The rcncwul deposit shall be Collateral subject to this IV')I RACE While :Ira' -IMS me o„'ccl on this Note. you will corm ur:lncc nn an, Collalcr:Il vhieh Is not in Out possession :I?ainst fire, theft and tCr casuullr. f he pulic)'rnust eOnlnin n dtductihlc clause anJ be in an amount and h ;In insurer that arc satisfactory u) us The policy must name us as the "luss- arc.. t he policy mull pio,•idc th:lt :Inv loss is to he p:Iv:Ihlc Io you :Ind to uS is uI.Ir ,,,..r; :Ipprar. II aunt :I I•;n pr,IVIJc Ill:u ur h1' ••i,'cu nnl ss 11, :I, I 10,I:r;•:' Ivi„r inCn n,nicc of ;Ins C;InCC'II:IIIUII ul rCdOC11011 in co,ciogc. lot any rc:lsun. Upon rucst, you shall deliver the policies, ccrtdhi tiles Or other evidence of insurance ill in the ccent of anv loss or darn;ige to the CullILCI- i, you will irnmcdr,tely notify in writing and file a proof of Inns with the insurer. We may file a proof of loss on ur behalf if vnu fail or refuse to (10 NO. We maY tllsu sign ynur n;une to any check. Ill or uthcr order for the p:lymenl of insur,uxe procccds in the event of loss or mngc to the Cullmcrtil If it is cconomicnlly feasible, in our juderncnt we ill my the inst,roncc procccds to repair or replace the Collateral. Otherwise, we will aly the procccds to reduce the Sums You owe on this Note. NIOTING OUR SECURll-Y INTGRf'STI If accrtificate of title is issued for Collalicrjl, you will <usist us in having our security interest noted on the catc 01 title. YOUR ALI 1-4011,ITY TO US. I' you Iail to do what is required of you by 'lions ?, ? .i and 2.5. ,C nl:ly, if -c: chop) c. pcrlonn your obligations :Ind pay :h costs rind expenses We will add the amounts we. advance to the sums the rro,t-cr owcson this Nlole.on which we impose interest as provided in this Nulc. If you fail to honor your promises to maintain insurance in effect, or to pav tiling fees. tnxcs or the costs accessary to keep the Collateral in good condition and repair, we may, if vc alone choose, adv:ince :Inv sUmS vnu pron)iscd tU pity and obtain replacement insurance. However, any replncemenl insurance we obtain to cover loss or damage to the Collateral may be limited to an amount not greater than what you owe on this Note. Any amount we advance on your behalf will be added to the balance on which we impose Finance Charges at the Annual Percentage Rate of this vote. and may be repayable: (i) immediately upon demand, (it) along with your bi-weekly payments; or (iii) at the end of the Note, as we alone may specify. Our payments on your behalf will not cure your failure to perform Your promises In this Security Agreement. 2.7 INSPECTION. You will permit us to inspecilthe Collateral at any reasonable time. SECTION J. NO LOSS OF RIGHTS. The Note and this Sccurits -agreement nri be neuotinted. assigned. extended or renewed by us without releasine any of you or the Collateral. \vc ma}' add or release uny person or property obligated under the Vote and this Security Agreement without losing our rights in the Collateral. SECTION 4 DEFAULT. A Default under the Note will be a Default under Ihis Security Agreement. In addition to all the riKhlts and remedies of a secured part,` upon default which are provided under the Uniform commercial code. upon our declaring the vote to be immediately clue and povahle -1,1 \PPLIC.\T10N0F1) EPOSITS Wcln;tv;lpplp;tnydcposits incltllltll111thr Collateral against the sums the Be rrowcrowes un this Noic. If the Collateral consists of a time deposit or certificate of deposit. ,c may terminate the deposit before maturity in order to reaG7e on the Collateral. If ve terminate the deposit, the contract of dcpnsit or iipplicahle law may require that we impose suhslanuztl nut:Iltic, Iltr the earl,' w'il htlru,val. u 2 SURRF.NDf R OF CULL:,"fGRAL. \Vc m:lt' (,quire you to Surrender the Collatcrol to us at :l reasonably convenient place we designate. 4.3 PEACEFUL REPOSSESSION If you don't surrender the Collateral to us, we may take possession of it, with or without Icgal process, in accordsince with I;tw`. You authori7C us to peter;Ihly enter upon any premises where the Collateral may be located for the purpoiC of taking possession and removing it. 4.4 EXPE:\'SES OF REPOSSESSION AND STORAGE. We mat charge VOLT our re isonnblc expenses in repossessing, transporting, repairing, storing and selling the Collateral so long as thev are allowed by law. 4.5 SALEOFC.OLLATERAL. Wemaysell,assignor deliver theCollaleralatone or more public or private sales. We will give you reasonable notice of the time and place of sale. We may purchase the Collateral at that sale, free of any equitable or legal right of claim you may have in the Collateral. We will apply the proceeds of sale firSL to Our expenses and lhen to tht sums the (Borrower owes on Ihis .\utc. We will pay any surplus to you If a sum is still owed to us, the Borrower and Co-Signer must pay it to us. NOTICE OF PROPOS'F_D CREDIT I,v'St_rR 4 A;CE 1'( ' III, .1l'r(. `;tl I, 1"', " I A I 1 t„ I 1 r.. II ....I -....... ... \{ ,A 1 A I \.I \I V(: I I, C t) I A ?. V I It:A' ;Al 1'n'I r coNL you wLN !L I?II;I ;,n I,IC ral 111 I;nnrl ru nil it iI ,n .1if0 rr p;, If Yoo will Ill rscf rc it ?,g:unst Imt IIr Il im;o,c. it '.Is 1111.I1 r, Intl nlhrl ,h:ilrr, un the ( oll:Ill:1 :11. )'I'll udl IWI u;c the :oc'ra1 IIlcg:111Y or Ior hire. I`,l:PO. l I AC( MIN I S. If the Co llit Crnl coI)SIsIs of a deposit account o ficiltc l1f (Ieposit. \\C may refuse to ;illnw Volt lu CIOSC the nCCOWll or uilhdra„ Hunts loom it. II. the accnrtnt or ccrtihc:llc of dcliosil matures while the Vote I i I I unpait I, \ I C will Aotnnl:ltic:111y renew the deposit I o I the s:Imc lime pc rind. as Ititll I:) IhC de oo<II : I C I Cr: I I I C I It. IIf I If:, s i if :Iflit %, c :1.rce 11.1:11 111c Ill if ON It ?I1II l,1 I tc„cd Un 0 111CI IcrmS. I hC ICoCw JI deposit shall ht: (_oll;helot nh1CCi III Ihl, Irits' Agreement. IN'SUKANCF. While an,' sums are owed on this Note, vnu will c:u'rs' r:Ince nn orrv COII:jtCral which is not in our possession against lire, Ihell and c;lsu;lltc. The pnliCy must COIWlIn a dCCluclible cl:IClsc and be in an :unounl ;u1(I an insurer that :Ire sa(islactory to uS. The policy most name its as the "InsN- c."The policv most provide That ;Iny loss is to be paynblc to you and to us :is our esls appear. It must also provide that we be given not less than I0 days' prior cn nolicc of anv cancellation or reduction in coverage, for any reason. Upon est, you shall deliver the policies, certificates or other evidence of insurance Io n (he event of anv Inss or damage to the Collnler,tl, you will immedimcly notify it ruing and Cdc a proof of loss with the insurer We may file n proof of loss on behalf if +olt 18il or refuse to do so. We may alsosign your name to anv check. or other order for the payment of insurance proceeds in the cent of loss or age to the Collateral If it is CCOOomically feasible, in ourjudgmtnt. we will ,'the insur;Incc proceeds to repair or replace the Colleleml. Otherwise, we will the proceeds to rcdoce the sums you owc on this Note. \OT'IN ; OUR SftCU RI T'Y IN1fiRI ST, If if ccitilieale of tide is issued for ..ol orr:l. ,nu will assitt Us it ha,'1ng nor Nccurov interest noted nn the fir,,ltc of Ildc. 1 Ol; It :\ I!Tf10R l'1 Y 'T 0 U.S. If you f:Iil to do wlim is rcquircd of volt by ots 2.3. 2.4 and 2.5. we mav, if we choose, perform Your ohhkations :md pay costs and c.\pen,scs We will add the amounts we advance to the sums the nvctraues on This Note, on which we impose inlcresl as pntVi(Ic(1 in this Note. 11 I ?.11?I-1..11. I Iv.?. I uu ,c nCrnllt n,a Iu n ,. .'u o"a'.C rn' a; nny rc 5S 0 n;1 h'c 111111'. ll l I 10 \' I, \O I.l)1)S OIr ICI IiII I S. I he \„Ic :,ml Ibis I) c'CLlIIi QIR1mUu mac he nc?oimictl. ;ts`it;ncrl,cxicndcd or rcncu-cd by usvvilhoot rclc:1s6119:Ill\• nl you or the Coll:ucrai. We nt:ry;i Jd or rclc:tse :toy pcrNon or properly obligated under the Vole and this Security r\gri: mcnl without losing nur rights in the C'ollmcr;il. it C IIO,V' •I. I)I'.I ;\ 111.1 A I) I`.ml( 1111(ICr IIIC ;V111c will he :1 I)Ckollt nndcr thrN ?,rIll t+ \1,r1-c1111.11. In .IdIIiInIu If) .111 Ill,: I1011N :ill ,.l :: nudiC: tl .I.,;clot J n.u:,. u1,n11 0Cl:lull which ;Ire prmidCd lmdCr Ilic (Joilurm ConIII1Crt:l;Il Code, upon our dccliring the Note to be mimcdialcly duc and paynhlc: 4,1 APPI.IC'AIION01 lR:POSI'IS. We ntaynpftlvanydcpn.wNioclutlcdin the Collateral agninst lhC sums the Borrower owes on this Notc. If the Collater;Il consists of a time deposit or certificalc of deposit, we ntay Icrminolc the deposit before nm(uritI, in order to realize on the Collateral. If w'c Icrminalc the dcp(wt. the contract of deposit or applicablc law may require that we impost suhs(anlial penalties for the early withdrawal. 4.2 SURRENDFR OF COLLATERAL We may require you to Surrender the Collateral to us at a reasonably convenient place we designate. 4.3 PEACEFUI, REPOSSESSION If you (Jun'( surrcndcr the CAllmcnl to oN. we ma\' take possession or it, with or 16HIOltl ic4al process, in accordance with lave. You ilulhorize us to peaceably enter upon anc premises +vhcrc the Collatcr;tl omv he located for the purpose of Inking posscSsinn ;Ind removing it. 4.4 EXPEN17,S OF REPOSSESSION ANO STORAGIF We mn. Charge ,on nur rcaSo nahIc expenses in rcpI,;sc.;sing, trtIISpm ti111,, 1L:p:IirInq, sIorinc and SCIIII)e the Collateral so long as they ;tic allowed by hiw. 4.5 SAI.FOf:COLLI\TLR,\L. WC mayscll,:ISSignordciivcrlhcCoilalcralntonc nr more puhlie of rritalc s'oIcs. We will Li\C volt rcasnnahlc notice of the tiler :Intl place of sale. We In;IV pltrchase the Culhourul al that sale, Ircc Of any equiclhlC or Icgal right or clnim you may ha,c m the Collateral. We will apply the proceeds ofsale first to our CxpCnses anlj Ihctt to the Nutt; the Ilorrm,cr owes on this \Vc will p,iy:)n,surplustu+'nu.Ifasunti.N thll,itccdtonN,lhChorrn+ccran(I Cti-Sicncrmusl pnv it w os. V(,)T!('li OF I'ROPOSFO C RF; l)IT' /,V.S('R,-7 :\'(!: e Signer(s) o(Uiis \'otc hereby lake(s) nolicc that group Crcdi( file insurance cmeragc and orproop credit accident and hC:11th insur.utcC CocC'ragc+,ill ht appiicahle Iu \ote, if so marked on the from of this Note and rash such Icpt ofcn, MIYC ,till he written by the insurance cnrnpanv mimcd, I'hi, msur nf:c..subjcet lu acccplancc by insurer, cn+ci s only the pcn(ln(s) Niening the request for such imoranec. I he amount ofCh:Iree is indicted lorcaCh tepc ofcrt(lil ins(lrancc Io be purchascd. 1hC Icrm he insurance „ill con)oenec as of the date the int!CbLt:doCSS is incurred or nn the date Irom which the interest Of I in:Inec Chargcs accroc, it Imcr, and will expire on the gin:0 echedulcd miiturily(late ofthc indchtc(Incc..-Subjccl tu:tcccpwncc by the insurer and within 30davs, there will he delivered to the insured deblor(s)a curtiliciie naurance more fully descrihing the insurance. In the event of prepi. ment of the indebtedness, a refund of in5urLlnec cbarUes ,vill he made hhCre dot:. ()`c[`Ira Feast nnsl:4-s-56I5 :<a1 NU II CI SFF; FRONT SID F; FOR INI PO RT,\NT INFO RM,\llOv THIS MORTGAGE made this 5th day of Jennie E. Colen-an and CC?}l'?B flJ>G111f1k..`i:l .? sub lldN d CC,INB t',rxtxrxlm July . 19 91 between Dale P. Coleman and (hereinafter whether one or more called ''Mortgagor '. (hereinafter called 'MOngagce") In contiidcrmion for and to ?cturc p,t,mcnl t0 ?1on_;t_cc bt \furtC;t! nr ul :1 loan .Ind a 1t intcrea tund Jkw ;hcr;rn dated July 5ht 19 91. ttl1h :l To)Gll of PttttlicII Prittcii.,II 6111a4Kc -ItIc I n;ere, I I:Ir`l: fII ;-!,licai'lc ;'r, •I nl. 1 ?I 45,000-00 I;and or om mudifiiatiun. rcfin:Incinc 0i uxt,n ion ;herein ;Intl in, other note o; oilicr i ;',. nlcnl .tlti ! nl.it I c :ul??WLItcd Iherclor. anc or oll of ,t hich are hcrcin, lftcr r_tlkd dote-) and I,erlorm:tncc of Ill ern !++Irn<. co\enn111< d ,+hlf_al{ n n1.IincJ':.erei:i and in ;he Notc. the \IUrt :I_c,r doc; bt Ihcsc prc?,cnls __rant. har_:iin. <ell.:t n c 'Ind mortg:+cc L111W :111: \It,n?-;t;c;. .\LL I1 u,_ .Ic ,ril c.l real cStale siluate in the (CANaTott nship. ( i ) ul Southampton Count\ of Cumberland . ollillwilwe'llllt oil Pelin tl,:uli t Ihereu)aller :,11led 'Prenli?cs') ';nr.tn ;tntl J.,r_n;Itcd .t> __,EZiddP R S?Lp?1P??f2LLL c3I1d _B1g? el?/1.lle•------ .- Penns It ania, on, e\ I'd to the ?,1onQ3aor by Deed dated }trcu uuress AuQUSt 9th 19 89 , dult recorded in the ollice for the Recording of Deeds in said County in Deed Book lo.C Vol 34 Page 612 as the remises are therein descnbed. and. if necessary, as more particulorly described as follows or on the re crse side hereof. TOGETHER with all the buildings and improvements thereon and additions and alterations thereto including all alters, passageways. rights. Ghcr;es. privileges, hereditaments and appunenanccs whatsoever thcrcunto belonging or appertaining. TO HA VE AND TO HOLD the Premises hereby granted and conyeycd unto Mortgagee to and for the use and behool of \Mongagee, its Sucecssors and assigns, forever. THIS MORTGAGE- IS MADE subject to the following conditions, covenants and obligations: a All payments on the Note will be made when due, including payments duc by acceleration of maturity. and all other conditions, convenanis and obligations as required or provided herein. in the Note. or in any other obligation of hlongagor to Slorgagce, will be. performedt and b. Mortgagor covenants and warrants that Mortgagor has fee simple title to the Premises and the right to mortgage the Premises, and c. Mortgagor will pay when due all taxes and assessments and other governmental charges, including electricity. water and sewer rents levied or asscs.scd against the Premises or any pan thereof. and will deliver receipts therefor to the Mortgagee upon request, and shall p-y when duc all amounts secured by any prior lien on the Premises. and d. Mortgagor wily keep the Premises insured against fire and such other hazards in such amount or amounts as may be required by the Mortgagee and the policies and renewals evidencing such insurance shall hate attached thereto a loss payable clausels) in form acceptable to the Mongagee: and e. Mortgagor will neither sell, assign or transfer any or all of the Premises or nnp interest therein nor commit nor suffer any waste, impairment or deterioration of the Premises and will maintain the same in good order and repair. and f. In the event of any default in the making of any payment due and payable under the Note, or in the keeping and performance of any of the con- ditions, covenants and obligations contained herein or in the Note, or in any other obligation of Mortgagor to Mortgagee, Ivlongagcc may, upon timely notice to Mortgagor if required by law, (i) forih vith bring an action of mortgage foreclosure hereon, or institute other foreclosure proceedings upon this Mortgage, and may proceed toyudgment and execution to recover the balance due on the Note and anc ether sums that may be due thereunder, including attorneys' fees, costs of suit and costs of sale to the extent, if any, provided in the 'Note. and (ii) enter ii-,u,, possession of Premises. with or without legal action, lease the same, collect all rents and profits therefrom and, after deducting all costs of collection and :+dninistration expense, apply the net rents and profits to the payment of taxes and other necessary maintenance and operation costs ( including agents Dees and attorneys' fees i or on account of the Note, in such order and amounts as Mongagee in Mortgagee's sole discretion may elect and 4lortgagee shall be !fable Io account only for:en.ts and prof- its actually received by Mortgagee, and g. Mortgagor hereby waives and releases all benefit and relief from any and all appraisement. stay and exemption !a.vs -how in force or hereafter passed. either for the benefit or relief of Mortgagor, or limiting the balance due to a sum not in excess of the amount actually paid 'r.' :he purchaser of the Premises at a sale thereof in any judicial proceedings upon this Mortgage, or exempting the Premises or an), other property, real or personal, or any pan of the proceeds of sale thereof. from attachment, levy or sale under execution, or providing for any sta}' of execution or other process; and B!-,T ALWAYS PROVIDFr). nc-rihcless, dint ifthis iVlongage and the debts hereby secured are paid in full in the manner prov idcd in the `lute. then this Mortgage and the estate hereby granted shall cease and determine and become void, anything herein to the contrary not,ithstanding. The covenants and conditions herein contained shall bind and the benefits and advantages shall inure to the respective heirs, executors, administrators. successors, and assigns of the panics hereto. Whenever used, the singular number shall include the plural the plural the singular and the use of any gender shall be applicable to all genders. Payment of this Mortgage is subject to the terms and conditions of the Note referred to above. ?- IN PTNESS WHEREOF the hlongagor has hereunto set hand and seal the day and year first abt„c written. ?Lr-iiness' Mo n a or Dale R Comae C?rttness l) Mongagor?Jennie E. C01e-r)an l Witness Mortgagor Witness •1110) 120REV.12-9 0 t - Mortgagor -- - EXHIBIT nor x_021 DCE 44` s D P rr?sert specific descripfion o? Premises, if necessary.) ALL THAT CERTAIN tracts ofland lying and being situate in Big Flat in South Mountain, Southampton Township, Cumberland County `y r ; T I L r-i O n f\7 r ? T •J ? -t C7 C CD rTl F-' z rn F ' __4 M o -? o -t s -- rn StatE of Pef-,nsylvanla C_untY of Cumberland SS Ret;t)n.±?d in nc& offic,'.e for the recording of Deeds et};..rt i 2nd for Currberla ).r Count Y , it 600' witness rnv hand and ?•? 1 of ofrice of , . Carlisle, Fa th;s Reccrder tt is understood and agreed by the parties that this mortgage is given by tvtortgagor as collateral for present and/or future loans to be given from time to time by Nlortgagee to tvlortgagor, and it is further understood and agreed by the parties hereto that this mortgage shall have the full force. effect and benefit of a mortgage given to secure present and fuwre advances. COMMONWEALTH OF PENNSYLVANIA 1 COUNJY OF Cunh?rl ?nc3 } SS On thI 5 th day of July , 19 91 , before me the subscriber, a Notary Public in and for the Commonwealth'of ?ennAylvania, personally appeared. Dale R. Cole-man and Jennie E. Coleman kngwp.(o me (or ?? iSfactq?)ly proven) to be the person(s) whose name(s) is (are) subscribed t the above Mortgage and acknowledged execution of the same k0t-the purposes t}jerei6 captained and desired that it be recorded as such. -J _W(TNE9-rrly hand w@ official seal the day and year aforesaid. 7 T? Pfotary Public I ceni.fy that lhe. precise residence of the within-named MORTGAGEE, is 331 Bridge Street, New Cu 7070. 8efli r rn Eppley No+•an/ Ptffc 0':516 Bcro Currt?ra d Co I Sign atu _ = _ -- +l%C mr;S&CnF_-presApril IS?5 Agent on be alr f fviongagee h , Pi nrls?anLa ASyDC;3M?f1 of Np{? 13S ?OOr, ???? f1GE ??? PNC BANK Date of this Notice: August 30, 2006 Dale R Coleman 153 Ridge Rd Biglerville, PA 17307 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR NOME 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 (I-IF-MAP) may be able to help save your home. This Notice explains bow 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 you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Agencies serving Your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PLIES AFECTA SU DERECHO A --:ONTINUAR VIV IENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION :)BTENGA UNA TRADUCCION INMEDTTAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN hRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CURL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU -11POTECA. HOMEOWNER'S NAIvIE Dale R Coleman / Jennie E Coleman / Jennie E Coleman PROPERTY ADDRESS. 153 Ridge Rd, Biglerville, PA 17307 LOAN ACCT. NO. 040-01-000760036251 ORIGINAL LENDER: PNC CURRENT LENDER/SERVICER: PNC Bank, NA Member of The PNC Financial Services Group EXHIBIT Consumer Loan Center 2730 Liberty Avenue Pillsburgh Pennsylvania 15222 b "? (9 P C BA K HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR BIOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: 0 IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, PAYMENTS, YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE KAYMENTS, AND 0 IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. 'T'EMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of foreclosure Dn your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face- -o-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 , SSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES -- if you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of his meeting. The names addresses and telephone numbers of designated consumer credit counseling agencies for the ounty in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to- -ace meeting. Advise your lender inirnediately of your intentions. I APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasons set forth later in his Notice (see following pages for specific information about the nature of your default.) If you have tried and are I enable 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 mergency Program Application with one of the designated consumer counseling agencies listed at the end of this 4otice. Only consumer credit counseling agencies have applications for the program and they will assist you in ubmitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or )ostmarked within thirty (30) days of your face-to-face meeting. YOU DUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIT, TO DO SO OR IF YOU DO NOT -IOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED ?GA.INST YOUR ]HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE ?1ILL BE DENIED. Member of The PNC Financial Services Group Consumer Loan Center 2730 L berly Avenue Pittsburgh Pennsylvania 15222 PNCBANK AGENCY ACTION -- Available funds for emergency mortgage assistance are very limited. They will be disbursed )y 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 )ursued against you if you have met the time requirements set forth above. You will be notified directly by the 'ennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (if you have filed bankrniptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date): qATIJRE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 53 Ridge Rd, Biglerville, PA 17307 S SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Monthly payments in the amounts of $220.53 for each of the months from June 2006 through August 2006 Other charges (explain/itemize): Late Charges for $0.00 TOTAL AMOUNT PAST DUE: $1,322.68 IOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice lY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $1.322.68 PLUS ANY 40RTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAYS ERIOD. Payments must be made either by cash cashier's check certified check or money order made payable and sent PNC Bank NA 2730 Liberty Avenue 2nd Floor Mailstop: PS-PCLC-02-N, Pittsburgh, PA 15222 F YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of )is Notice, the lender intends to exercise its rights to accelerate the morteaee debt. This means that the entire utstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in ionthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender lso intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. F THE MORTGAGE IS FORECLOSED UPON - The mortgage property will be sold by the Sheriff to pay off the iortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal rocee.dings against you, you will still be. required to pay the reasonable attorney's fees actually incurred, up to $50.00. .owever, if legal proceedings are started against you, you will have to pay all reasonable attorney fees actually incurred y the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which iay also include other reasonable costs. If you cure the default within the THRTY (30) DAY period you will not e required to pay attorney fees. ,:THE R LENDER REMEDIES - The lender may also sue you personally for the unpaid pnncipal balance and all other mis due under the Wert .The PNC Financial Services Group Consumer Loan Center 2730 Liberty Avenue Pittsburgh Pennsylvania 15222 JGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - if you have not cured the default within the •HIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and revent the sale at any time up to one hour before the Sheriff's Sale You may do so by paying the total amount then past ue plus any late or other charges then due reasonable attomey's fees and costs connected with t_he foreclosure sale and by other costs connected with Sheriff's Sale as specified in writing by the lender and by performing any other :guirements under the mortgage. Curing your default in the manner set forth in this notice will restore your tortgage to the same position as if you had never defaulted. ,ARLIEST POSSIBLE SI$ERIFF'S SALE DATE - It is estimated that the earliest date that such a Shenff s Sale of is mortgaged property could be held would be approximately six months from the Date of this Notice. A notice of to actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default :ill increase the longer you wait. You may find out at any time exactly what the required payment or action will be by Dntacting the lender. OW TO CONTACT THE LENDER: Name of Lender: PNC Bank, NA Address: 2730 Liberty Avenue 2"d Floor Mailstop: P5-PCLC-02-N Pittsburgh, PA 15222 Phone Number: (412) 762-8048 or 1-800-878-0027 Contact Person: Beatrice Grates FFIECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged operty and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove )u and your fumishings and other belongings could be started by the lender at any time. SSUMPTION OF MORTGAGE - You may not sell or transfer your home to a buyer or transferee who will assume e mortgage debt. YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAYOFF THE MORTGAGE DEBTOR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. © TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR. YEAR.) © TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. r, 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 I" Class U.S Mail, postage prepaid )NS1UMlER CR:Eb%$'COTS T '$kV 4 IfVING YOUR COUNTY (see attached) Consumer Loan Center 2730 Liberty Avenue Pittsburgh Pennsykvania 15222 PN C BANK Jennie E Coleman 153 Ridge Rd Biglerville, PA 17307 ACT 91 NOTICE Date of this Notice: August 30, 2006 TAKE AC'T'ION TO SAVE YOUR HOME FROM FORECLOSURE Tliis 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 you when you meet with the Counseling Agency. The zlame, address and plione number of Consumer Credit Agencies serving your County are listed at the end of this Notice If you have any questions you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397 (Persons with impaired hearing can call (717) 780-18691 This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PLIES AFECTA SU DERECHO A :?ONTINUAR VIVIENDO EN SU CASA. ST NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION DBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING -INANCL• AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN ?'RESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ?ROGRAM" EL CURL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DER-ECHO A REDIMIR SU JrPOTECA. HOMEOWNER' S NAME Dale R Coleman / Jennie E Coleman / Jennie E Coleman PROPERTY ADDRESS: 153 Ridge Rd, Biglerville, PA 17307 LOAN ACCT. NO : 040-01-000760036251 ORIGINAL LENDER: PNC CURRENT LENDER/SERVICER: PNC Bank, NA Member of The PNC Financiat Services Group Consumer Loan Center 2730 Liberty Avenue Pittsburgh Pennsylvania 15222 P-NCBANK 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 kSSISTA.NCE AC'T' OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ,kSSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MOR'T'GAGE PAYMENTS, AND © IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA IOZUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of foreclosure )n your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face- o-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING AUST 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 )ATE. CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit counseling gencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of his meeting. The names addresses and telephone numbers of designated consumer credit counseling agencies for the .ounty in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to- ace ineeting. Advise your lender immediately of your intentions. APPLICATION FOR MOR'T'GAGE ASSISTANCE -- Your mortgage is in default for the reasons set forth later in its Notice (see following pages for specific information about the nature of your default.) If you have tried and are nable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's ,mergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's ;mergency 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 ubmitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or ostmarked 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 'OLLO"A' THE OTTER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED ,GAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE PILL BE DENIED. Member of The PNC Financial Services Group Ccinqumei Loan Center 2730 Liberly Avenue Pittsburgh Pennsylvania 15222 6", P C BA K AGENCY ACTION -- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. F NO'T'E: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, HE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLEC'T' THE DEBT. (if you have tied bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE, YOUR MORTGAGE DEFAULT Brine it up to date): NA'T'URE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 153 Ridge Rd, Biglerville, PA 17307 IS SERIOUSLY 1N DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due. Monthly payments in the amounts of $220.53 for each of the months from June 2006 through August 2006. Other charges (explain/] temize): Late Charges for $0.00 'T'OTAL AMOUNT PAST DUE: $1,322.65 HOW TO CURE TIME DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY LAYING THE TOTAL AMOUNT PAST DUE TO TIE LENDER, WHICH IS $1,322.68, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAYS PERIOD. Payments must be made either by cash cashier's check certified check or money order made savable and sent to'. PNC Bank NA 2730 Liberty Avenue 2"d Floor Mailstop_ P5-PCLC-02-N Pittsburgh PA 15222 IF YOU ISO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due irnmediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGEE IS FORECLOSED UPON - The mortgage property will be sold by the Shenff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees 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 attorney fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the tgealg".The PNC Financial Services Group consumer Loan Center 2730 Liberty Avenue Pillsburgh Pennsylvania 15222 fv.? , PNCBAI tlK RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale You may do so by paving the total amount then past due, plus any late or other charges then due reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage, Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you bad never defaulted. EA11LIEST POSSIBLE SHERIF'F'S SALE DATE - It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately six months from the Date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: PNC Bank NA Address: 2730 Liberty Avenue 2"d Floor MailstoU: P5-PCLC-02-N Pittsburgh PA 15222 Phone Number: (412) 762-8048 or 1-800-878-0027 Contact Person: Beatrice Grates EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the properly 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. ASSU7?IPTIQN 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 RIGH'T': © TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. ® TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE T14AN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. © TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Very truly yours, Arlene West PNC Bank, National Association c.c i" Class U.S. Mail, postage prepaid CONSUM '019bFf6JUMP- sPWA? CIES SERVING YOUR COUNTY (see attached) Consumer Loan Center 2730 bheriy Avenue Pitlsburgh Pennsylvania 15222 ) PN C BANS Date of this Notice: August 30, 2006 Jennie E Coleman Big Flat Rd RD 1 Biglerville, PA 17307 ACT 91 NOTICE TAKE ACT10"N 10" 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 you when you meet with the Counseling Agency. The name address and phone number of Consumer Credit Agencies serving your County are listed at the end of this Notice If you have any questions you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717).780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUSS AFECTA SU DERECHO A CONTINUAR VNLENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA. HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARR UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DER-ECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME Jennie E Coleman PROPERTY ADDRESS. 153 Ridge Rd Biglerville, PA 17307 LOAN ACCT. NO.: 040-01-000760036251 ORIGINAL LENDER CURRENT LENDER/SERVICER. Member of The PNC Financial Services Group Consumer Loan Center 2730 Liberty Avenue Pittsburgh Pennsylvania 15222 HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR. FINANCIAL ASSIS'T'ANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE AC'T' OF 1983 (THE "AC'T'"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAUL'T' HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CON'T'ROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MOR'T'GAGE PAYMENT'S, AND ® IF YOU MEET OTHER ELIGIBILI'T'Y 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 NEX'T' (30) DAYS IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to- face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MOR'T'GAGE 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 O'T'HER 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 Cen[er 2730 Liberty Avenue Pfitsburgh Pennsylvania 15222 PNCBAN-K AGENCY ACTION -- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If.you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT Brine it up to date): NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender oo your property located at: 153 Ridge Rd, Biglerville, PA 17307 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: MonthlYpayments in the amounts of $220.53-for each of the months from June 2006 through LAS 1. Other charges (explain/itemize): Lace Charges for $0.00 TOTAL AMOUN'T' PAST TRUE: $1,322.68 HOW TO CURE. THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS 1,3 22.68PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAYS PERIOD. Payments must be made either by cash cashier's check certified check or money order made payable and sent to: PNC Bank, NA 2730 Liberty Avenue 2" Floor Mailstop P5-PCLC-02-N Pittsburgh PA 15222 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within TTURTY (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 Jose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. I THE MORTGAGE IS FORECLOSED UPON - The mortgage property will be sold by the Sberiff 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 wi11 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 n2t tic required to pay attorney fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due tinder the Meirigeig&.The PNC Financial Services Group Consumer Loan Center 2730 Liberty Avenue Pittsburgh Pennsylvania 15222 -K PNCBAN 9 RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at anv time up to one hour before the Sheriff's Sale You may do so by paving the total amount then past due plus any late or other charges then due reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately six months from the Date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: PNC Bank, NA Address: 2730 Liberty Avenue 2,d Floor Mailstop: P5-PCLC-02-N, Pittsburgh, PA 15222 Phone Number: (412) 762-8048 or 1-800-878-0027 Contact Person: Beatnce 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 DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE Y OUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT 1NSTIT'UTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. a TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Very truly yours, Arlene West PNC Bank, National Association :c.: I" Class U.S. Mail, postage prepaid -CONSUMER CRE COU #f t?WA#RM991ERVING YOUR. COUNTY (see attached) Consumer Loan Cenler 2730 Liberty Avenue Pittsburgh Pennsylvania 15222 fro! ,b. _ .? o fCS7T o W m roc Q Q x 7 Co o. o O Q ?' d m - Q Q m J m m Q Q p ` . O CA -Z 1-' W Ln O O'N p m a O? til N N o o D LO a N Ln CO O O d a G/ o o ?- T m a = n x j ' 0000 m tp ? ?. ?.,f0 mono ? ?rr p W.7 gg0 3 O ol„ 0000 S 3 1 ro are ? u o m m m3 ° m m m ? e m ° O CS t,.1 w ? O O a m n 9> c l 4 v m ° m m 1 N ?. Ot I 7 a '` e } N 9 = m Ln c cu- t? ; t ? y 21? ? N LNr OD Un N J o N ? Ul W rW, N Ln W ? CJ N ?n W O N L, W C ?' W O W O O a ? 0 CO 1 tJ?i k- P N N t-j m Ni N N O W' N O C) a N ;o o ^ C) Q', +?' Odd o 'a ? ?° tJ11 rn o 'n m m , ro? z 'C3 7? 'p m a W' ? 3 4 0 1 m m m ' ? I K ro. 'O m tD N W m f9 , p p m O Q7 L-j` 1 ! O? q as 2d -?.. Q'^ W N rC?+ N O 0 .. N a O 'm. a v m m m CT? ro W N Q?? n m m m o W J> ro - 41 O ?? ?oml ?. ro _ - 1 5 tf? d 2 ? j, ?' m Cw! co- N UR C N W O ± W W C ' C) 0 rJ W C ? r? W O J' C U G Adams Cou nt]E Financial Counseling Service of Franklin County 31 West 3`d Street Waynesboro, PA 17268 (717) 762-3285 American Red Cross - Hanover Chapter 529 Carlisle Street Hanover, PA 17331 j717) 637-3768 Fax # (717) 637-3294 CCCS of Western Pennsylvania 2000 Linglestovm Rd Harrisburg, PA 17102 (717) 541-1757 Blair County Economic Opportunity Council 2100 6" Ave Altoona, PA 16602 (814) 946-3651 Fax 4 (814) 946-5451 VERIFICATION I, Darnella Ganaway, Attorney Relations Manager, and duly authorized representative of PNC Bank, National Association, depose and say subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities, that the facts set forth in the foregoing Complaint in Mortgage Foreclosure are true and correct upon my information and belief. cDar III anaway y ~ Attorney Relations Manager PNC Bank, National Association 't s , SHERIFF'S RETURN - REGULAR CASE NO: 2006-07251 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PNC BANK NATIONAL ASSOCIATION VS COLEMAN DALE R ET AL VALERIE WEARY Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon COLEMAN DALE R the DEFENDANT , at 1817:00 HOURS, on the 27th day of July 2007 at 36 SHIPPENSBURG MOBILE ESTATES SHIPPENSBURG, PA 17257 DALE R COLEMAN by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 19.20 Affidavit .00 Surcharge 10.00 .00 Q/p f/0 7 -47.20 Sworn and Subscibed to before me this So Answers: R. Thomas Kline 07/30/2007 TUCKER ARENSBERG By: (mar/' day Deputy Sheriff of A. D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, AS SUCCESSOR BY MERGER TO CCNB BANK, N.A. Plaintiff, CIVIL DIVISION No. 06-7251 Civil Term VS. DALE R. COLEMAN and JENNIE E. COLEMAN, 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. #83746 TUCKER ARENSBERG, P.C. Firm #287 1500 One PPG Place Pittsburgh, Pennsylvania 15222 (412) 566-1212 HANK FIN:306957-1 000011-130939 1 1 ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, AS SUCCESSOR BY MERGER TO CCNB BANK, N.A., CIVIL DIVISION Plaintiff, VS. DALE R. COLEMAN and JENNIE E. COLEMAN, Defendants. No. 06-7251 Civil Term PRAECIPE FOR DEFAULT JUDGMENT IN MORTGAGE FORECLOSURE TO: Prothonotary Kindly enter Judgment against Defendants above named in default of an Answer, in the amount of $12,532.07, 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 Complaint $11,651.38 Interest from 12/5/06 to 9/5/07 @$3.2025 per diem 880.69 Total $12,532.07 *Includes credit for payments made on account. Interest, late charges, attorney's fees and charges and record costs of this proceeding will continue to accrue from the date of entry of judgment. I hereby certify that the appropriate Notice of Default, as attached has been mailed in accordance with PA R.C.P. 237.1 on the date indicated on the Notice. TU R , P.C. Brett A. Soloman, 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 Defendants: Jennie E. Coleman, 46 Stewart Place, Shippensburg, PA 17257 Dale R. Coleman, 36 Shippensburg Mobile Estates, Shippensburg, PA 17257 BANK FIN:306957-1 000011-130939 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, AS SUCCESSOR BY MERGER TO CCNB BANK, N.A., CIVIL DIVISION Plaintiff', VS. DALE R. COLEMAN and JENNIE E. COLEMAN, Defendants. No. 06-7251 Civil Term AFFIDAVIT OF NON-NII MARY SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF ALLEGHENY SS: I, Brett A. Solomon, being duly sworn according to law, hereby depose and say that the Defendants, Jennie E. Coleman and Dale R. Coleman, are not members of the military service of the United States of America to the best of my knowledge, information, and belie Brett A. olomon, Esquire Sworn subscribed before me this day of September, 2007. - 1165 blic toot" Seel K*Y J. Wok Notary pd* CRY Of P*WXrgk AkghwW Co j* W Cormli MM teWWW May x3, loop My Commission Expires: Mefnber. Pennsyrv,ia Amodafion of Norma BANK FIN:306957-1 000011-130939 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, AS SUCCESSOR BY MERGER TO CCNB BANK, N.A., CIVIL DIVISION Plaintiff, vs. DALE R. COLEMAN and JENNIE E. COLEMAN, Defendants TO: Jennie E. Coleman 46 Stewart Place Shippensburg, PA 17257 DATE OF NOTICE: May 9, 2007 No. 06-7251 Civil Term IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE 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 KER BERG, P.C. 13rettA. olomon, Esquire Attorney for Plaintiff, PNC Bank, National Association, as Successor by Merger to CCNB Bank, N.A. BANK F1N:299488-1000011-130939 CERTIFICATE OF SERVICE I hereby certify that the foregoing Notice was served upon the Defendant, Jennie E. Coleman, by depositing thereof in the United States mail, first class postage prepaid, on the 9th day of May 2007, at the following address: Jennie E. Coleman 46 Stewart Place Shippensburg, PA 17257 TUCKER ARENSBERG, P.C. --4 Brett A. Solomon, Esquire Attorney for Plaintiff, PNC Bank, National Association, as Successor by Merger to CCNB Bank, N.A. BANK FINI99488-1000011-130939 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, AS SUCCESSOR BY MERGER TO CCNB BANK, N.A., CIVIL DIVISION Plaintiff, VS. DALE R. COLEMAN and JENNIE E. COLEMAN, Defendants. TO: Dale R. Coleman 36 Shippensburg Mobile Estates Shippensburg, PA 17257 DATE OF NOTICE: August 21, 2007 No. 06-7251 Civil Term IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE 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 TUC RARE , P.C. Brett A. S omon, Esquire Attorney for Plaintiff, PNC Bank, National Association, as Successor by Merger to CCNB Bank, N.A. BANK_FIN:306059-1 000011-130939 CERTIFICATE OF SERVICE I hereby certify that the foregoing Notice was served upon the Defendant, Dale R. Coleman, by depositing thereof in the United States mail, first class postage prepaid, on the 21" day of August 2007, at the following address: Dale R. Coleman 36 Shippensburg Mobile Estates Shippensburg, PA 17257 TUCKER ARENSBER C. Brett A. Solomon, Esquire Attorney for Plaintiff, PNC Bank, National Association, as Successor by Merger to CCNB Bank, N.A. BANK FIN:306059-1 000011-130939 1 ', Z '` .? • ..? .Sy ?D W ? w C?` ?./ ? ? ??' '.1 fin.:, .. y. tom, 3 ??°3 ????" l A ..-- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, AS SUCCESSOR BY MERGER TO CCNB BANK, N.A., CIVIL DIVISION Plaintiff, VS. DALE R. COLEMAN and JENNIE E. COLEMAN, Defendants. No. 06-7251 Civil Term NOTICE OF JUDGMENT TO: Jennie E. Coleman 46 Stewart Place Shippensburg, PA 17257 You are hereby notified that a Judgment in Mortgage Foreclosure was entered against you on 2007 in the amount of $12,532.07 plus continuing interest at the contract rate together with costs, late charges, and attorneys fees. thonotary BANK F1N:306957-1 000011-130939 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, AS SUCCESSOR BY MERGER TO CCNB BANK, N.A., CIVIL DIVISION Plaintiff, VS. DALE R. COLEMAN and JENNIE E. COLEMAN, Defendants. No. 06-7251 Civil Term NOTICE OF JUDGMENT TO: Dale R. Coleman 36 Shippensburg Mobile Estates Shippensburg, PA 17257 You are hereby notified that a Judgment in Mortgage Foreclosure was entered against you on 2007 in the amount of $12,532.07 plus continuing interest at the contract rate together with costs, late charges, and attorneys fees. / othono tarY BANK FIN:306957-1 000011-130939 f . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, AS SUCCESSOR BY MERGER TO CCNB BANK, N.A. Plaintiff, CIVIL DIVISION No. 06-7251 Civil Term vs. DALE R. COLEMAN and JENNIE E. COLEMAN, PRAECIPE TO SETTLE, DISCONTINUE AND VACATE JUDGMENT Defendants. Filed on behalf of PNC Bank, National Association, Plaintiff Counsel of record for this party: Brett A. Solomon, Esquire Pa. I.D. #83746 TUCKER ARENSBERG, P.C. Firm #287 1500 One PPG Place Pittsburgh, Pennsylvania 15222 (412) 566-1212 C... . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, AS SUCCESSOR BY MERGER TO CCNB BANK, N.A., CIVIL DIVISION Plaintiff, vs. DALE R. COLEMAN and JENNIE E. COLEMAN, Defendants No. 06-7251 Civil Term PRAECIPE TO SETTLE. DISCONTINUE AND VACATE 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, Dale R. Coleman and Jennie E. Coleman. P.C. By: I tt A. Solomon, Esquire I.D. No. 83746 1500 One PPG Place Pittsburgh, Pennsylvania 15222 (412) 566-1212 Sworn to,and subscribed before me this day of January, 2008. Notary PuWiMy Commission Expires: Waft Sod K* J. Wakc, Nolwy Pd* Cky Of !! -ft Ale&w pp IY 0WVT es? b*w MW 28, ba. Pehf;X;nle As.*.j a of BANK FIN:316251-1 000011-130939 '(O 0 n, 0 0 _ # i ?? p O _ W p? d 7 .a od ? ? 00