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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION,
s/b/m/t CCNB BANK, N.A.,
Plaintiff,
CIVIL DIVISION
NO.: q4 - J'M
Vs.
STEVE A. HURLEY,
Defendant.
TO DEFENDANT
You are hereby notified to plead
to the ENCLOSED COMPLAINT WITHIN
TWENTY 0) DAYS FROM SERV CE HEREOF
ATf RNEY FOR PLAINTIFF
1 HEREBY CERTIFY THAT THE ADDRESS
OF THE PLAINTIFF IS:
500 West Jefferson Street
Louisville, KY 40202
AND THE DEFENDANT IS:
50 Frytown Road
L
Newvllle, A I724
ATTORNEY FOR PLAINTIFF
CERTIFICATE OF LOCATION
I HEREBY CERTIFY THAT THE LOCATION OF
THE REAL ESTATE AFFECTED BY THIS LIEN IS
I Ipper Frankford Township
(CITY, BORO, TOWNSHIP) (WARD)
ATTORNEY FOR PLAINTIFF
TYPE OF PLEADING
CIVIL ACTION - COMPLAINT
IN MORTGAGE FORECLOSURE
FILED ON BEHALF OF PLAINTIFF:
PNC BANK, NATIONAL ASSOCIATION,
s/b/m/t CCNB BANK, N.A.,
COUNSEL OF RECORD FOR THIS
PARTY:
Kimberly J. Hong, Esquire
Pa. I.D. #74950
GRENEN & BIRSIC, P.C.
One Gateway Center, Nine West
Pittsburgh, PA 15222
(412) 281-5197
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION, CIVIL DIVISION
s/b/m/t CCNB BANK, N.A.,
Plaintiff,
VS.
STEVE A. HURLEY,
Defendant.
NO.:
You have been sued in court. If you wish to defend against the claim 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 maybe 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 SHOULD
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Court Administrator
Cumberland County Courthouse, 4`h Floor
1 Courthouse Square
Carlisle, PA 17013-3387
(717) 240.6200
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PNC BANK, NATIONAL ASSOCIATION, CIVIL DIVISION
s/b/m/t CCNB BANK, N.A.,
Plaintiff,
NO.:
VS.
STEVE A. HURLEY,
Defendant.
PNC Bank, National Association, s/b/m/t CCNB Bank, N.A., (hereinafter
"PNC"), by its attorneys, Grenen & Birsic, P.C., files this Complaint in Mortgage Foreclosure as
follows:
1. The Plaintiff is PNC, which has its principal place of business at 500 West
Jefferson Street, Louisville, Kentucky 40202 and is authorized to do business in the
Commonwealth of Pennsylvania.
2. The Defendant, Steve A Hurley, is an individual whose last known address is
50 Frytown Road, Newville, Pennsylvania 17241.
3. On or about April 10, 1986, Defendant executed a Mortgage Note (hereinafter
"Note") in favor of Plaintiff in the original principal amount of $60,000.00. A true and correct
copy of said Note is marked Exhibit "A", attached hereto and made a part hereof.
4. On or about April 10, 1986, as security for payment of the aforesaid Note,
Defendant made, executed and delivered to Plaintiff a Mortgage in the original principal amount
of $60,000.00 on the premises hereinafter described, said Mortgage being recorded in the Office
of the Recorder of Deeds of Cumberland County on April 11, 1986 in Mortgage Book Volume
809 Page 141. A true and correct copy of said Mortgage containing a description of the
premises subject to said Mortgage is marked Exhibit "B", attached hereto and made a part hereof.
5. On September 23, 1992, Defendant executed a Bond and Warrant and Mortgage
Modification Agreement (hereinafter "Modification Agreement") in favor of Plaintiff, said
Modification Agreement being recorded in the Office of the Recorder of Deeds of Cumberland
County on October 8, 1992 in Mortgage Book Volume 428 Page 620. A true and correct copy of
said Modification Agreement is marked as Exhibit "C", attached hereto and made a part hereof.
6. On May 26, 1994, Defendant executed an Agreement for Modification or
Extension of Mortgage (hereinafter "Agreement for Modification") in favor of Plaintiff, said
Agreement for Modification being recorded in the Office of the Recorder of Deeds of
Cumberland County on July 29, 1994 in Mortgage Book Volume 478 Page 1094. A true and
correct copy of said Agreement for Modification is marked as Exhibit "D", attached hereto and
made a part hereof.
7. Defendant is the record and real owner of the aforesaid mortgaged premises.
8. Defendant is in default under the terms of the aforesaid Mortgage and Note for,
inter alia, failure to pay the monthly installments of principal and interest when due. Defendant
is due for the June 1, 1999 payment.
9. Plaintiff was not required to send Defendant written notice pursuant to 35 P.S.
§ 1680.403C (Homeowner's Emergency Mortgage Assistance Act of 1983 - Act 91 of 1983) prior
to the commencement of this action for the reason that the mortgaged premises is not the
principal residence of the Defendant [35 P.S. §1680.401(a)(1)j.
10. Plaintiff was not required to send Defendant written notice of Plaintiffs
intention to foreclose said Mortgage pursuant to 41 P.S. §403 (Act G of 1974) prior to the
commencement of this action for the reason that said Mortgage is not a "residential mortgage" as
defined in 41 P. S. §101.
11. The amount due and owing Plaintiff by Defendant is as follows:
Principal $42,072.07
Interest through 7/23/99 $ 823.20
Late Charges through 7/23/99 $ 0.00
Escrow Deficiency through 7/23/99 $ 0.00
Attorney's fees $ 800.00
Title Search, Foreclosure and
Execution Costs S 1.500.00
TOTAL $45,195.27
WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount
due of $45,195.27 with interest thereon at the rate of $9.80 per diem from July 23, 1999, and
additional late charges, additional reasonable and actually incurred attorney's fees, plus costs
(including increases in escrow deficiency) and for foreclosure and sale of the mortgaged
premises.
GRENEN &,BIR$IC, P.C
BY: ,UV.,, V...,
Kimberly J. Hong, Esquire
Attorneys for Plaintiff
One Gateway Center
Nine West
Pittsburgh, PA 15222
(412) 281-5197
THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED
WILL BE USED FOR THAT PURPOSE.
EXHIBIT "A"
Mortgage Note zlfl
US$_.60,.000. 00. APril 10, , t9 66
(hereinafter called the "Bank") or to its order, the principal sum of sixty TnOUSane one vuy svv
($60,000.00 )DOLLARS
tollether with interest on the unpaid principal balance at the rate or 11 1 2_poment par wasun. said priw
opal and interest to be paid at the times and in the manner set forth as rollowe, to wit:
Sixty Thousand and 00/100 Dollars (560,000.00), lawful money
as aforesaid, payable five (5) years from date hereof, commencing
on the first day of /V'"', 1986, and thereafter on the first day
of each month, said principal and interest, at the rate of Ele•+en
and One-Half Percent (li 1/2i) per annum, to be paid in monthly
installments of Five Hundred Ninety-Four and 18/100 Dollars (559..18)
until the principal and interest are fully paid.
It Le understood and agreed that the provision for the paymdnL
of principal and interest shall not alter or change the term and
maturity of this obligation.
Borrowers to pay real estate taxes and present receipts to bank
for verification prior to Decembet` let of each year.
T:IE LOAN IS IN FULL AT THE END OF FIVE YEARS. AT
MATURITY YOU MUST REPAY THE ENTIRE PRINC:PAL bALANCE OF '::iE '
AND UNPAID INTEREST THEN DUE. THE LENDER IS UNDER NO OBLIGATION
TO REFINANCE THE LOAN AT THAT TIME. YOU WILL, THEREFORE, BE
_ -- •••••^ >•'•.• n"T OF OTHER ASSETS YOU MAY OWN, OR YOU
WILL HAVE TO FIND A LENDER
MARKET RATES, WHICH MAY BE CONSIDERABLY HIGHER THAN THE INTEREST RA'i'c.
ON THIS LOAN.
made
other taxei or charges or claims ntores:
f ;n.emy;?7l rays, chc w'.
scx'er rents pnid shell lhercupo:t he
iorJtwith (or the collection of the samr,
the same, including an attorney's cum
notwithstanding
Va Or
mlums o(insuraneQ texei, Water
entered and execution may issue
,Costs and expenses ofeollecting
erein contained to the contrary,
in said Indenture of Mortgage more particularly described, and is subject to all the loons and conditions of said
Mortgage.
AND PROVIDED further end it is hereby and thereby expressly agreed that in the <ve,l of ,,v brernh by
tion,togetlmrwith ththeredrtaenta anday xua prcouses granted by said Mortgage to sccurethsobliga?
Dpurtenances, and each and every pan thereof, and to take possession ofthc
same and of the fixtures, appliances and equipment therein contained, and to have, hold, manage, lease to the
Borrower or any other person or persons, use and operate the same in such parcels and on such ters and f such
•as oftim^ns Ranh may, is the s?!c div:n:rim:•:f91". "N:n proper, :he Ber.ex v a;:e,An tr.a;
payment to said nrtgage or skis obli¢ation end premiums for said insurance, with interest thereon, or to the
rem a.,J p:iucipul due nndcr dais obligation and secured by said Indentu to of Mongage, with all Cos is and altar.
's (etas, in such order or priority, as Bank, in the sole discretion of Bunk, may determine any statute, law, customor
4r the noncan' not, ithstanding: it h,:ing expressly agreed, however that the la king of possession by Bank, under
provision. s!,,:I not relieve any default which may have been made by Borrower, orprevcni the enforcement of any
?e remedies b, this obligation o: accompanying I.'.'xrrant of Auomcy or of said Mongage provided in case of such
tai:; and n is I'unhcr express:)- undersz,"land agreed th at the remedies by this obligatlun and'Narrmit orAttomey
saiJ Indenture provided I'm the enforcement of the payment of the principal sum secured by said Mortgage,
the. •s'ith interest thereon, as hercinbefore specified, and for the perfumunce of the com'enants, conditions and
ements, matters and things herein contained, or in said Mortgage referred to, are cumulative and concurrent and
be pursued singly or successively or together at the sole discretion of the Bank and may be exercised as often in
sion therefor shall occur.
ANDforthe purpose off"byausaid possessiono"'a2 mongaIt premisestoBWs, "0 t o(nto)-breath ring bresaid , Borower fats hereby euNorito end empower any attomey ofaay coon afComPku in any County
e Commonwea
lth of Pemsylvor of any a"t coon there or elsewhere, u attorney for Borrower, u well u
II persona clng under, by, or [hrough Borrower, ro sign an agreement for enuring m any compet'to noonan
able ecuan in ejecuaent tbrpot session oflhepremises gr ant ed by saidMonpge, wgether with the hercdituneau
appuM1enances,u well as all fixtures, eppliancea and equipment of any nature whatsoever, now or hereafter
Iled upon ar m said mortgaged premise (without any stay ofeaecutloo or appeal) egufasl said Bonower and ell
snss^n ^iming nndcr^by or_tAhrough Borrower and therein confeujudgment far the recovery by the Bank of the
:mJ
Ana it is hereby declared that this obligation is accompanied by IndenlureofMortgage. ofeven date herewith,
made between Borrower and said Bank, secured upon real estate situated in the Township of Upper
Frankford, Cumberland County, Pennsylvania,
WITNESS:
1C.?.. 4eentt?e??cerC
4616 A. ur a (SEAL)
.(SEAL)
(SEAL)
(SEAL)
(Se,1L)
(SEAL)
AND PROVIDED FURTHER, and it is hereby and thereby expressly covenanted and azreed that in the avent
there is more than one party named herein as a Borrower, the singular ward,,' Burrower", wherever occurring herein,
shall be deemed and taken to mean the plural,
AND PROVIDED FURTHER, that all covenants, waivers %?tions, stipuiatiaas, prontisas, undertaking+
agreements, and rlghta and betneRts gdiven to, and obll?aUons or iiabilitlas imposed upon, each and all of said parties
hereto shall Inure to and bin lady andseveral fy and its, his, her, and their, and each of their, respective hcbs.
eaeeuton. Administrators, successors and assigns.
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Loan /751891
AMENDMENT TO NOTE
THIS AMENDMENT is entered into as of this 26th day of May, 1994, by
and between Steve A. Hurley, (Borrowers) and PNC Bank, N. A.,
Successor by Merger to CCNB Bank, N. A., (Bank).
RECITALS:
A. On April 10, 1986 the Borrowers exacatad and delivered to
the Bank a note in the principal sin of sixty thousand
Dollars, ($60,000) (Note).
B. The Borrowerand the Bank desire to amend the Note to reduce
the interest rate and extend the maturity for five years.
Accordingly, the parties, with the intent to be legally bound,
agree as follows:
1. The principal balance of the Note as of the date of this
Amendment is fifty-six thousand, four hundred eleven and
64/100 Dollars, ($56,411.64), and there are no defenses, set-
offs claims, counterclaims, deductions, or causes of action of
any nature against the Bank or any of the Bank's directors,
officers, employees, agents or attorneys with respect to the
amount due and owing under the terms of the Note.
balance of the Note shall be at the rate of eight and
one half percent (8.50%) per annum.
3. Commencing on July 1, 1994, principal and interest shall be
payable in consecutive monthly installments of $594.18.
Such monthly payments shall continue until the entire
indebtedness is paid, except that any remaining indebtedness,
if not sooner paid, shall be due and payable on June 1,
1999. This is an Amendment to the Note and neither party
intends that it is in substitution for or in satisfaction of
the obligation evidenced by the Note. Except as modified
herein, the Note remains in full force and effect. Nothing
contained herein is intended by either party to release or
impair in any manner the rights and privileges of the Bank as
Mortgages under the Mortgage securing the Note or to otherwise
effect the obligations of the parties thereunder.
5. Excepc as amended F:areby "lie torma and J:"3V1540r.5 Of the )rote
r.mair, in full fo1•ca and effect.
WITNESS the execution of this Amendment as of the day and year
first
?S above written.
WITNELPI( 170.tt.? K. J/ JJ // CL?
Steve A, Hurley
ATTEST:
- 4W6,144
Title: AJJ1J9Ys? VIaL A9J1 0Vr'
LENDER:
BY LGt f 626K
Title: od Q ?????
EXHIBIT "B"
Tbio linbenture
tea tea 10th day at April ha axe your of our teed.
owdiounndaleehumindeighty-six (1986).
51TWEEN
STEVE A. HURLEY, single person, of R. D. 3, Box 153, Newville,
Pennsylvania 17241,
(lee boater called W Ma INW, party of the first pan,
AND
CCNR BANK, N.A., a national hanhing u:ociatlan crated by and existing under the law, of the United S tales, having
its principal place of business in the Borough of New Cumbeflmd, County of Cumbertand and Commonwealth of
leenmylvani, (hetnnaner called the Mongagae), party of the second pan.
The Mortgages emission a" agrees That With the payments principal said interest he will pay to the Mongatea a pro rata
Mion refuse lanes, auessmenu and insurance premiumsnextto become due as estimated by the Mortgagee, so thrift the Manage.
Will have rumchm funds on hand to pay tastes, assessments and fracture premiums thirty (30) days before the due dote thereof.
Any deficit shall immediately be paid to Montage, by Mortgagor, Moneys so held a hall not bear interest unless otherwise required
by tow, ..it. spun ddnnh, may be emitted by Monygee on eeeoum of the monga8, indebudoos. It still be the rupunstbdity .[the
Mortgagor to furnish hfongatee with bills in sotncient :ine to pay teats before the penalty attaches.
The Mortgagor herein agrees that in the event of the Vnuagv, after the date of this Montage, of any law of the Co..
monWUlth of peremylvaula, deducting from UK 'value of the laml for taxation purposes, any lien thereon, or changing in
any way IN law does In (pace for the lwtion Of mortgages or debl secured (hereby, for Nate of Ind purposes, or the
manner of the collation of any such Imes. so as W affect the interest of the Mortgages, then the Whole of said principal
debt secured by 06 Modmise, together with the interest due thereon. abdl at Use option of the Mortgage heftfg Inv
medl.ldy become due and payable.
The Mattates herein funhd afmas than if any imulhnedof(ate tribe not paid when due, such imtallmml shall bear Interest
at the sets ad loth In said non anvil paid; In the event that my payment provided fa in the Note secured hereby shall became over.
cans
oftht a1meWd debt and
mdilbm d saW ONIgatIM ad in diuharga thawt as for and In eatlddulon of the further sum of OM (51.00) Dolls unb
l*%W In hued Well seal Only paid by the said Mortgagee, t and before W sealing and delivery of Ihese prated; the recalls
heated, Is Mnby acbnaWledae4 Mortgagor has pentad, bargain", told and c0aveye4 a" by then pasents does pant. bargain,
11 a" convoy unto see ga( Morttaga, it$ suesessose and dsipt:
ALL that certain tract of land with the improvements thereon
erected, situate in Upper Frankford Township, Cumberland County,
Pennsylvania, bounded and described as follows:
LOANai753B91 1 4247
HURLEY 022 CCHB-PORTFOLIO
5009 609 PACE 1:11
WHEREAS. the .fit Mortgagor. reautrd and delivered go the hle,lga:ee a Note le the principal mm of
Sixty Thousand and 00/100 1160,000.00) DOLLARS.
With Interdl a1 IM rate ear forth In aid Note payable at the time, and In the moon, it forth In the said Nate.
BEGINNING at a stone at corner of land now or formerly of Charles
Snyder and land now or formerly Of Prank A. Snydart thence along land
now or formerly of eeid Frank A. 6nyder, North 1/4 dagroa¦ Nast 5 perches
to a atonal thence by land new or totmsrly of Halter Ctamer, North 5 3/4
dagres¦ Wast 32 perches to a ¦tonep thence by land now or formerly of
Naltar Ctaadar, North EO 1/2 dsgreae Eaet 25.6 perches to a stone! thence
by land now or Ponnerly o! Pred D. Lehman, 6outh 16 3/4 degrees Eaei 39
psrohee to a sYOnel thence by land now or formerly of Charlae Snyder,
South 81 3/? degrees Waet 34 perches to the Place of BEGINNING,
and one-half letoryAlremaldwa111ngehoueedknowngae?R oved with a one
NawvilleI Pennsylvanla. Box 142,
BEING the same property which was conveyed to Steve A. Hurley,
single person, by Irvin P. Hurley and Mildred B. Hurley, hie wife, by
deed dated April , 1986
of , and recorded in the office of the Recorder
Deeds for Cumberland County in Deed Book , Vol.
, Page ,
W sue, Weya, yyaaam ."'waters, was Worm, '1114. libar4N, prirll?
rtunlo belonllnl or In aaM'a appe4aiolnp, sad rb; ravaelnn, and ran46edrem, aw
d
be UnP and I:phmyyrevemeW of awrY kind and =.faUon now w flattener tread w planed
heWn1 and Iainp appan4s, also W suam, awal
d eVRayy of W IWrlor Mprovaman4 and ona a* P- rat4a or alma. and maahaokal a.
monWe or Mnevabla, of evaa kind ud
a, ue narwa am persona properly oviV mmaaaad ad oanrekd, r
TO HApV?a AND TO HOLD W a,ld darribd Iw of had, heeediyoV W and pamWe haaby Imaged and ronvged. AAW Nlee pl4 suaaa?a ad as n' pOMW 14 arcaossora and MAIM to the only proper uN and taboo( of W ss{d
fioK 600 Pat; 1.1:?
v
PROVIDPD. HOWEVER. Ou Y taw of default as spy ea, in payment of @AM Mnaipat &be a win. or of 111181•
at a Chosen or pulloa of km , a of of fin the". wbte den and faYaMa egeetlab. by Use Nrue end ear
ROone of eW e hiletlbe fa the qaa of we {101 4 a efonaaW, of In 1Y Mrtenusu of my of the C"a he
an Are l u . lawn in mass, and carer rents a t{n a claim u afenW. The wbae of laid kWCIW debt Of awn
MA issimer IMP W slid that is - bat . duo rd payable pad N acille of a feteda may be tar
a l forthwith an IW Malpp W poaeuted m POPMAL uta0oo and we tar that w7hltWo of the *MM snout
of the Paid prlodpal debt asedyor hterert tk r randsom may" top Oar With W flu dl of Irrurar^ pan said
war and sewer mat paid fa, tau and "Pena of WA Fop"Ask lordw Virgin u s0oena ns c mNu iml of Avg per
e (Ere). mye be al?wn odd pdink ? roweAd or ?1ha ?blY. of. ie fora, srbkb m -aMO a extim lima Of
bebene M
pygMI4 s
Ilmby ,motor ralrad sod Mead.
to the enure of to faMng of ail a my part" of the lumdrs N any promdldp Intdnr the Power of fMaenl air
male, she Mein mud tendered In mob pr I, 'no than be paid b Modred. to be apVoted uwtrd MnWMmaY or mort ysbyyl MMor ouldf xus pens Maen?ipso b yyppa In an rd I W sald payer of Z. iM buemerging do n wncis Mnby, eaitluY WdOA ther^ big
ef, whither a tea than due Of payable, or Merlgapa At its option, nay &PAY sold prod, a MY pan thereof. M IN "Pit
a nbalMlaa of said pesmim.
AND PROVIDED further that it it thereby and hereby expressly aarred that in the event of any beach by Manlaga
of soy covenant, eondidon, or agamenl of sold ralta l obligation, or of this Menflg. It shall b , lawful for the Mat{age ,
to enter upon all and elnpda the lend,, building and promises hcaln particularly described and by this lodentwe mon•
flood, Whether with the heredtiamants and appurtenance, and tuft and every pan Actual. and to take possession of the
soma pad of den RalPne, appliance and equipment therein contained, and to have, bold, m ri least to Ilia Monpsor
or any oche parson or per,ona, the and orate the time or arch parcels and on web arms +nd /or each period, of ems
n Alongaeea may deem proper in The so.: Jiselrtion of hlorgaee<, 1M Alnn"Ror saretlne that Morten or hall and to whatever requalled by Afan{aga so so dn. eulpn, transfer and deliver time A(onL'aCCe, any teals or wOPeaa; and 10 ooh
feet and saelve all rents, issuer and profits of the said mortgaged premius and every pan thereof for which thus In.
denture shall be a audicienl warrant wneh:r or not such lease or sublease has been wiped to Moneaaee, and to make.
.__ _. ,. _. . . ,...n... ....,...;... ....In no ranlaccmw, hotel. u mar seem j idinom 1o Morls3su, pad
ae arOreald, 10 1
r be prior in lien
tit lbeaon, air to
Ny
sum herehy suunJ. with any a:dilionl thmlc a above prnvww, lo"Mr, won 1.111:11 :nrcaa, a. tea.,.,z•.,,. q•...•.,..........
In.anwre r: L•ruJ tai,
the perfdManee of the cavananu, vvnditioa send a{rtammL molten and thing herein ewminN, or Sy this
an wnulaiin srdcomumenl pad may bepunued ein{lyasaaegolvely "together at the solceliscretion of the hlongaga, aoJ may
be exercised a often of oaubn therefor shall am.
AND for the purnme of euorin4 sold poueasion of gold IlwnpSld phembet to Mon`a{ee. In the event of any
'1-1% v n!v. e!A, Nnr!r•mr Rc•, aeby aUlboelae and empower any Attorney of any Coate of Common Plata In
my County ail w. ..,::.:...... 9•ue:a •• -1 ,•... ".. '.'..' !'°' " • •"""'r'. aT etuvney ens hfnnesor.
an well u for all persons stolmin{ under, by, or iluwsh Monpiur, W a;,e - . ... ... .
,part an amicable Action In electorate for pouaden of The promises mollpagd by this IndenNro, together with the bnw:lY.
mob and appurtenance, u well u ail Assures appliances Ld equipment of my nature whatsoever, now or hereafter III
allied upon or in said mortgaged prtpenY'1without my stay of eaeeinion or appeal), against old Mortgagor. as well u
oil pelaome _ldmin! under, by, or through Morlpgor and therein conrus judgment for the rctovery by the Mon{aaa of
.. .. ...M n.....tm uxlFx with the nerediamma and urlWlenances, a well as alt Return,
eon'
d%ar
sot
an.
can.
IN WITNESS WHEREOF, the sold Monagha bas became at hod and not the day and you first above written.
Witnm:
(SEAL)
Steve A. Hurl-ill'
...._ ......................._.,...................._...._.............._......._...._ _.....,...._..._......._._............{_'......... _....__.......__.(SEAL)
.................. ............................._ ..._....... (SEAL)
eoiK b(1J hod( 1:13
AND PROVIDED FURTHER. seed it 11 btr:by and IhartbY erpecody covensraeJ tad agreed mat In me even, mnc
it moot than one pony named herein as a MongaCOr. the sin{{ lar word .Haever nccurina herein, ,118,1 he
delnsedo and taken to mean the plural. AND PROVIDED FIIRnirlt. that all gnou, tnvmmts, w 11,11, oPImm, eip•
datioa, promiess, undatakings• aLTeemena, and rights and bcneN, given w, ac:. n.iiutiam ter tiabilisia 'mlroad o,nn.
each and oll of laid Pmiso heroin shall inure to and bind them pinny and severally and its. his. her and their, and each
of Their eapenive, hells, executors, administrators. suhosame and assigns.
COMMONW&ALTH OF FENNEy1.vAN1A
couYin OF CUMBERLAND
said Guth &w loth
mmtwal0 ay of April ))))))
is and hr
tno.eYe, Pontoons''l'oad Steve A. MIIrleY, single Person,
mnl, old aawtnoradp11`dya?y IoMaran) to be its Ionian w4or Moo in mkgfhtl b W
•unlyd 8m nor f" 1N yurpoaa tlalal• can •dt01R lorry.
IN WfTNP-M WHEREOF. I haw tr Mau"' rl MY hand and Nrarial Said tya day and your alaNrld.
a
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MY Conmdrloa Eaalma:
.
W= B. ==Z14 NOTAIT MANX
CYtorWd cmmly CaNde, FA .
MY Cammia" 29;&o JMMY 27. Plan
I h,•?eDr.?cei DlY Ibu tlu ynciu add?n, of ih< Nfnnaalce hrrcm is Nb. J71 8ridae S4nt..'tew Cum Serlend, !':re•
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CONIhIU.Y0.'F.AI.1'II OF PENNSYLVANIA
CUMBERLAND COUNTY
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RECORDED in the OMtt I.' Record"' of Oead,. NlmUaen. nc., in and Ear th, CountY o1
in Wrists, Boot Pal 3.7
WITNESS AIY S,L of
Haml Olfm, tin, 7 ps4c
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Anna Domin" 19 86. day al Apri l
fiOK 609 PALL 1.11.
EXHIBIT "C"
`151891
BOND AND WARRANT
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-AND.
MORTGAGE MODIFICATION AGREEMENT
THIS AGREEMENT, made this 23rd day of September, 1992, by and between CCNB
Bank, N.A., party of the first part, and Steve A. Hurley, party of the second part.
WHEREAS, the patty of the first part Is the present holder of a certain note to secure
Sixty Thousand and 00/100 Dollars (560,000.00), given by the party of the second part to
CCNB Bank, N.A., dated the 101h day of April, 1956, which is secured by a mortgage bearing
like date or. said premises therein described, recorded in Cumberland County on the I ith day
of April, 1986, in Mortgage Book Volume 809, Page 141, and located in the Township of
Frankford, and
WHEREAS, the party of the second part is the owner of the said premises so mortgaged
has askcL !h. party of the first r! to mMifv the terms of the said note and mortgage, and
WHEREAS, the said party of the first part has consented so to modify the terms of said
... _...._.,..L, __.._....._..-.u, ,,;,, .,..t„ to do what is hereinafter soecified.
NOW THIS AGREEMENT WITNBSSETH, that is agreed by and between the parties
hereto in consideration of the premises and of mutual premises as follows:
1. The party of the first part hereby agrees to modify the monthly installments of
principal and interest of the within mortgage at the time and in the manner as
follows to wit:
Six (6) months from October 1, 1992, the unpaid principal sum-of One Hundred
Fifty Seven Thousand Four Hundred Twenty Three and 69/100 Dollars
($57,423.69) and interest tboreou at the rate of Eleven and Ore Half Percent
(11.50%) per annum to be paid in monthly installments of Five Hundred Ninety
co
Four and 18/100 Dollars ($594.18) commencing on the first day of October,
O
1992, and thereafter a like amount on the first day of each month until principal
and interest are fully paid; but this latter provision shall not affect the maturity
date above stated.
2. Party of the second part hereby agrees that they will not convey mortgaged
property without the written consent of the party of the first part.
1110K 471, ?ACE (i7f)
7. The party oYthe second pan pntsntees the prompt payment of the interest and
principal of aid note so secured In lawful money of the United States of
America.
4. All the arms, conditions, stipulations and prohibitions contained in aid note and
mortgage not inconsistent herewith are to remain in full force and effect.
5. The agreement Is to extend to and bind the respective heirs, executors,
administrators, successors and assigns of the parties hereto.
IN WITNESS WHEREOF, the parties hereto have exeruted this agreement to date and
year aforesaid.
A
STATE OF PENNSYLVANIA /
COUNTY OF u?^4)0? (4^<
CCNB BANK, N.A.
By:
Via President
r?•v? a }}!•?hv
NOT
)
this / day of /o , 199x, before me, a Notary Public in and for said
state and county, personally appeared Steve A. Hurley, who being duly seem according to law,
acknowledged the foregoing agreement to be their act and deed and desire the same to be
recorded as such.
BOOK 428 r^ALE G) I
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P. NYIr/Puac
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STATE OF PENNSYLVAMA )
),SS
COUNTY OF &MWRlasld )
On this,23Nday of srivremAnc, 1994 before Ine, a Notary Public In and for said state
and county, personally appeared A. E, SL Lw;3ank
who acknowledged himself/hWI is to be the ? C C Ike-C;kPT
of CCNB Dank, N.A., a Corporation, and that he/sbe as such OFF" c "R
being authorized to do so, executed the foregoing instrument for the purpose therein contained
by /J,•y signing the name of the corporation by
himself/lmsalf as /jL! fjU41 Je,v-
of WCPN 5S5 1`•ii.':.^.SC?; I hcrowi•!: net my hand and notarial x,l.
X14.'•.. „' donw Std
e. f•,?• eadavwetiw,twmryr,t+c ? -
11iL?.." .......? f.>,•Ccnm.,aa.Gp,u.r.....s•,. t ?p ta
ry Pubitf
State of Pennsylvania I
SS
:ountvof Cumberland
naaorded in the office for the recording of Deeds
nm:, ut nd for? ?Cupmberland County Pa.
G
. lp
inBook #avot. = Pepe
'.1e witness my hand a wst M office of
d ." cellists, rA this day 19?
?
•.gn1i..?I\V.? .rt:
Boos 428 PACE V1?
EXHIBIT "D"
ROBERT 1.2IECLER
REBOROER Of DEEDS
CUMBERLAND COUN"'PA
'94,IN.29 fl1811.54
AO ?-
Date:May 26, 1994
LN/: 771891
Name:Steve A. Hurley
Upper Frankford Township
Address:Nawville, PA 17241
Agreement For Modification or Extension of Mortgage
The Truster or Mortgagor identified above (hereinafter
referred to as the "Mortgagor") does hereby apply for a
modification of the payment provisions of the above-numbered
account covering an indebtedness owing from the Mortgagor to
PNC Bank, N. A., successor by mnrgor to CCNB Ban;;, N. A.,
(heroinaf ter referred to as the Mortgagee), evidenced by a note (or
bond) and secured by a real property mortgage (or trust deed) (said
note or bond and real property -,Ort9a4O or trust deed and
hereinafter referred to as the "MortgagaII) and the Mortgagor
represents and agrees as follows:
(1) Mortgagor is now the owner and holder of the real
property encumbered by said Mortgage, recorded in the public
records in the County of Cumberland, Township of Upper Franktord,
State of Pennsylvania, in Mortgage Hook 909, Page 141.
(Z) Under the termn of said Mortgage, there remains unpaid as
of thu first day of the month in which thi., AgM0,nent is made, ti:e
sum of $56,411.64, for principal, $-0- or interest the:eon,
aggregating a total sum of $56,411.64, for which amount the
M^?•.^•^?r is indnbted to the Mortgageo under said Mortgage, which
is a valia iL,o, w ......... _ .. '•'_^___ ^<`_^^'a n-
counterclaims. J
(3) Mortgagor agrees the terms of said Mortgage are modified
or extended relative to the payment of said indebtedness by
providing for payment of said indebtedness by providing for the
payment of the balance of the principal, including any unpaid
interest due thereon, (after the deposits aforementioned have been
applied thereto), as follows: Said total balance of $56,411.64
is to be paid, with.' interest at 8.50% per annum as hereby modified
in the Mortgage, on the unpaid balance, in equal monthly
installments of $594.18 (exclusive of sums required to be deposited
for the payment of taxes, insurance, etc.), the first of said
installments shall become due and payable on the day of July 1,
1994, and the remaining installments, successively, on the same day
of each and every month thereafter, until said mortgage
indebtedness is fully paid, except that if not sooner paid, the
final payment of the principal and interest shall be due and
payable on the date of June 1, 1999, which is the present or
e::tenduc maturity da`_-...
(4) Mortgagor agrees to make the payments as specified in
paragraph (3) hereof and understands and agrees that:
(a) All the rights and remedies, stipulations, and
conditions contained in said Mortgage relating to default in the
making of payments under the Mortgage shall also apply to default
in the making of said modified payments hereunder.
(b) All covenants, agreements, stipulations and
conditions contained in said Mortgage shall be and remain in full
force and effect, except as herein modified, and none of the
Mortgagor's obligations or liabilities under said Mortgage shall be
diminished or released by any provisions nereof; nor shall this
Agreement in any way impair, diminish, or affect any of the
Mortgagee's rights under or remedies on the Mortgage, whether such
rights or remedies arise thereunder or by operation of law., Also,
all rights of recourse to which the Mortgagee is presently entitled
against any property or any other persons in any obligated for or
liable on the Mortgage, are expressly reserved by the Mortgagee.
(c) All costs and expenses incurred by Mortgagee in
connection with this Agreement, including recording fees, title
examination, and attorney's tees, shall be paid by Mortgagor and
shall be secured by said Mortgage.
Boon x[78 pw [09.1
shall be secured by said Mortgage.
(d) Mortgagor agrees to make and execute such other
documents or papers as may be necessary or effectuate the terms and
conditions of this Agreement which, if approved and accepted by the
Mortgagee, shall bind and inure to heirs, executors,
administrators, and assigns of fKa Mortgagor.
WITNESS:
ATTEST:
)Fssistant secretary
STATE OF?P)
I ) SS:
COUNTY J: , '•P r/"'4
)
Steve A. Hurley
mA, a notary public, in and for said county, personally
appearoe tna aouva „?....,. ... ??,•
they did sign the foregoing instrument, and that the same is tneir
free act and deed. n to tim ny whereof, 1 have hereunto
s bscribed my name at ?p,-/,3/C, tpy- this 07/1 day ot`,..
e , 1994. •?r?il?
0.1
/:G e
Notary public; ?y
My commission expires. 1a•a7`97
N?a1PwrsoavAtr1+?1q?r,,,•NSod?7nEb ..:? l
Notary Public '?ttonneemery?elMO
STATE OF D i )
Before me, a notary public, in and for said county, personally
appeared the above named 7.Vsmas 1.d,Awl , VICE PRESIDENT , PNC
BANK, who acknowledged that he/a" did sign the foregoing
instrument, and that the same is his/b, free act and deed. In
testimony whereof$ I have h reunto subscribed my name at PA& BA.wt
CnmX.a this day of 1994.
Notary Public
My commission expires:
.76 i91S
Notary Public
.s
BOOK 478
Of Pennsylvania l SS
;,mj, of Cumberland 1
lh, -h. rn,ordilg Of
ik CDI. .._ PagD /tea
?Q,y?yCDal of of of '
• mY hand???(((??, o 1?(..L
PA this day
rjQa.. ..
The undersigned, and duly authorized representative of Plaintiff, deposes
and says 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 to her information and belief.
AE
Cl. cw?
U rn U
on
SHERIFF'S RETURN - REGULAR
CASE NO: 1999-05933 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
PNC BANK ETC
VS.
HURLEY STEVE A
SHAWN HARRISON , Sheriff or Deputy Sheriff of
CUMBERLAND County, Pennsylvania, who being duly sworn according
to law, says, the within COMPLAINT - MORT FORE was served
upon HURLEY STEVE A the
defendant, at 12:35 HOURS, on the 1st day of October
1999 at 50 FRYTOWN ROAD
NEWVILLE, PA 17241 CUMBERLAND
County, Pennsylvania, by handing to STEVE HURLEY
a true and attested copy of the COMPLAINT - MORT FORE
together with NOTICE
and at the same time directing His attention to the contents thereof.
Sheriff's Csts: Soe;??-?
Docketing 18.00
Service 6.20
Affidavit .00
Surcharge 8.00 omas Kilns,
eri
2. 2 X10/0 N &9BIR
by
p i f
Sworn and subscribe/d/ to before me
this a Z-. day of (y.
19A. D.
r ono ono aryy
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PNC BANK, NATIONAL ASSOCIATION,
s/b/m/t CCNB BANK, N.A.,
Plaintiff,
Vs.
NO.: 99- 5933 CIVIL
ISSUE NO.:
TYPE OF PLEADING:
STEVE A. HURLEY,
Defendant.
Praecipe to Settle and Discontinue
FILED ON BEHALF OF PLAINTIFF:
PNC Bank, National Association, s/b/m/t
CCNB Bank, N.A.
COUNSEL OF RECORD FOR THIS
PARTY:
Kimberly J. Hong, Esquire
Pa. I.D. No.: 74950
GRENEN & BIRSIC, P.C.
One Gateway Center
Nine West
Pittsburgh, PA 15222
(412) 281-7650
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PNC BANK, NATIONAL ASSOCIATION, NO.: 99-5933 CIVIL
s/b/m/t CCNB BANK, N.A.,
Plaintiff,
VS.
STEVE A. HURLEY,
Defendant.
PRAECIPE TO SETTLE AND DISCONTINUE
WITHOUT PREJUDICE
TO:PROTHONOTARY
SIR:
Kindly settle and discontinue without prejudice the above-captioned matter and mark the
docket accordingly.
GRENEN & BIRSIC, P.C.
BY:_ % ? ?
Attorney for Plaintiff
Sworn to and subscribed before me
thi ay of QCk ?q ,1999.
Notary Public
al
Patricia otary Public
Pittsy County
My ComJune 2. 2003
XiE
Member, Peoiouon of Notaries
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