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Home My WebLink About07-7426IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, CIVIL DIVISION No. 01- Yqa?P (?lyi i Term vs. ROBERT L. MCCURDY, JR. and HELEN M. MCCURDY, CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE Defendants. I hereby certify that the property to be foreclosed upon is: 1650 Ritner Highway Shippensburg, Pennsylvania 1 Township of SoutbWpton/ Tax Parcel No -R? Brett A. Solomon Attorney for Plaintiff Filed on behalf of PNC Bank, National Association, Plaintiff Counsel of record for this party: Brett A. Solomon, Esquire Pa. I.D. #83746 bsolomon@tuckerlaw.com 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:312833-1 000011-097225 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, ) Plaintiff, ) VS. ) ROBERT L. MCCURDY, JR. ) and HELEN M. MCCURDY, ) Defendants. ) CIVIL DIVISION No. IMPORTANT NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717)-249-3166 1-800-990-9108 BANK_FIN:312833-1 000011-097225 AVISO Le han de mandado a usted en la corte. Si usted quiere defenderse de estas demandas expeustas en las paginas siguientes, usted tiene viente (20) dias de pla/o al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregara la corte enroma ascrita sus defenses o sus objecones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidasy puede continuar la demanda en contra suy a sin previo aviso a notificacion. Ademas, la corte puede decider a favor del demande\ante y require que usted cumpla con todas las provisiones de esta demanda. Usted puede erder dinero o sus propiedades o ostro derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIALAMENTE. SI NO TIENE ABAGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENIRA ESRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717)-249-3166 1-800-990-9108 BANK_FIN:312833 -1 000011-097225 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, CIVIL DIVISION No. VS. ROBERT L. MCCURDY, JR. and HELEN M. MCCURDY, Defendants. COMPLAINT IN MORTGAGE FORECLOSURE AND NOW COMES PNC Bank, National Association ('Bank"), by and through its counsel, Tucker Arensberg, P.C., and avers the following in support of its Complaint in Mortgage Foreclosure: PNC Bank, National Association, is a national banking association organized under the laws of the United States of America with a principal place of business at One PNC Plaza, 249 Fifth Avenue, Pittsburgh, Pennsylvania 15222-2707. 2. Defendants, Robert L. McCurdy, Jr. and Helen M. McCurdy ("Defendants"), are adult individuals whose last known address is 1650 Ritner Highway, Shippensburg, Pennsylvania 17257. 3. On or about March 17, 1994, Robert L. McCurdy, Jr. and Helen M. McCurdy ('Borrowers"), executed a Note ("Note") whereby Borrowers promised to pay to Bank the principal amount of $52,037.00 plus interest as provided therein. 4. The obligations evidenced by the Note are secured by a Mortgage dated March 17, 1994 (the "Mortgage") given by Robert L. McCurdy, Jr. and Helen M. McCurdy ("Mortgagors") to Bank, encumbering certain real property located at 1650 Ritner Highway, Township of Southampton, County of Cumberland, Pennsylvania, as more particularly described therein ("Premises"). The Mortgage was recorded on March 23, 1004 in the Office of the Recorder of Deeds of Cumberland County, BANK_FIN:312833-1 000011-097225 Pennsylvania in Mortgage Book Volume 1202, Page 637. A true and correct copy of the Mortgage is attached hereto as Exhibit "A" 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 May 22, 2007 and as of November 5, 2007 was past due in the amount of $2,928.32. 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 31, 2007, 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 "B", collectively, and incorporated herein. 9. The amount due Bank under the Note and Mortgage as of November 5, 2007 was as follows: Principal $10,313.65 Interest through November 5, 2007 (continuing thereafter at $2.1898 per diem) 289.06 Attorneys' Fees 1,015.00 Costs to be added TOTAL $11,617.71 10. The total amount due to Bank under the Note and Mortgage as of November 5, 2007 was Eleven Thousand Six Hundred Seventeen and 71/100 Dollars ($11,617.71), plus costs and attorneys' fees. BANK_FIN: 312833 -1 000011-097225 WHEREFORE, Plaintiff demands an in rem judgment in mortgage foreclosure for the amount due of Eleven Thousand Six Hundred Seventeen and 71/100 Dollars ($11,617.71), plus continuing interest at the contract rate from November 5, 2007, late charges, reasonable attorneys' fees and costs of foreclosure and sale of the Premises. P.C. By: Brett A/Solomon, Esquire Pa. I.D. #83746 1500 One PPG Place Pittsburgh, Pennsylvania 15222 (412) 566-1212 Attorney for PNC Bank, National Association, Plaintiff BANK FIN:312833-1 000011-097225 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, ) Plaintiff, ) vs. ) ROBERT L. MCCURDY, JR. ) and HELEN M. MCCURDY, ) Defendants. ) CIVIL DIVISION No. AFFIDAVIT OF NON-NULITARY SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF ALLEGHENY SS. I, Brett A. Solomon, Attorney for PNC Bank, National Association, being duly sworn according to law, hereby depose and say that the Defendants, Robert L. McCurdy, Jr. and Helen M. McCurdy, are not members of the military service of the United States of America to the best of my knowledge, information, and belief. Attorney for PNC Bank, National Association Sworn to and subscribed before me this 2007. Nota blic COMMONWEALTH OF PENNSYLVANIA Notarial Seal Public Kelly J. Mizak, Notary Pub City of Pittsburgh, Allegheny County My Commission Expires: y commission Expires May 23.2009 : A.f.SOCi'tio" of Notaries Member Penns ,Ivan BANK_FTN:312833-1 000011-097225 t9:p-?- -/ i///1?? Al?l MORTGAGE THIS MORTGAGE, dated ...... MA NCH 17 19... 9 , is between you, ROBERT L. MCCURDY JR and HELEN M, MCCURDY (. residing at .......1650 RI,TN.ER,HIGHWAY .......................... . , . 5 `i I h r' E .N S .B U .R G. , P.A. .1 .2 5.7 ......., the person or persons signing as "Mortgagor" below, and us, PNC BANK, NATIONAL ASSOCIATION , the "Mortgagee." MORTGAGED PREMISES: You mortgage, grant and convey to us the premises located at: P.O. BOX 179, STATE COLLEGE, PA 16801 16...50...R.I. SOU7N AMPTO? T. .N.E..R. . .H I. .G.H.W...AY .. . .... .... ........... ....Sireei...............:............................................... , T?+) f. S H rP P E N S B U R G CUMBERLAND Pennsylvania, . . (the "Premises"). Township/City%Mu,mcipality/Borough County Block No. Lot No. A legal description of the Premises is contained in the deed by which you acquired the Premises, which is recorded at the QPMURONP .............. County Office for the Recording of Deeds, in Deed Book ..... ............. on Page(s) ............... Tax Parcel Number (or other Uniform Parcel Identifier, if any) .................... or, C:?Mecked, on the reverse side. The Premises includes all buildings and other improvements now or later on the Premises and any rights or interests which derive from your ownership, use or possession of the Premises. LOAN: The Mortgage will secure our loan to .......... ROBERT, ? .. MCCURDY. A dpd MD. M., MCCURDY • . . .... . . . . . . . . . . . . ....... . .... . ....... . . (whether one or more persons called the `Borrower'), in the principal amount of $.. 52 I.Q 3.? AQ .... 'plus interest and costs, all of which the Borrower must repay according to a note or agreement (the "Note") dated ... KARCH.17 ............... . 19 ....94 . This Mortgage will also secure the performance of all of Borrower's promises in the Note, all of your promises in this Mortgage, and any extensions, renewals, amendments or other modifications of the Note. OWNERSHIP: You are the sole owner(s) of the Premises. You have the legal right to Mortgage it to us. TAXES: You will pay all real estate taxes, assessments, water charges and sewer rents relating to the Premises when they become due. You will not claim any credit on, or make deduction from, the loan because you pay these taxes and charges. You will provide us with proof of payment upon.request. , MAINTENANCE: You will maintain the building(s) on the Premises in good condition. You will not make major changes in the building(s) except. for normal repairs. You will not tear the building(s) down without first getting our consent. You will not use the Premises illegally or for hire.. INSURANCE: You will keep the building(s) on the Premises insured at all times against loss by fire, flood and any other hazards we may specify. You may choose the insurance company, but your choice is subject to our reasonable approval. The policies must be for at least the amounts and the tifne periods,thAt we specify. You will deliver to us upon our request the policies or other proof of the insurance. The policies must name us as loss-payee.. This means that we-wZ receive payment on all insurance claims, to the extent of our interest under this Mortgage, before you. It must also provide that webe given not less than 10 days prior written notice of any cancellation or reduction in coverage, for any reason. Upon request, you shall deliver the policies, certificates or other evidence of insurance to us. In the event of loss or damage to the Premises, you will immediately notify us in writing and file a proof of loss with the insuryr. We may f ile a proof of loss on your 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 Premises. Ii we receive payment of a claim, we will permit you to use the money to repair the damage, but only if we reasonably believe the insurance proceeds are adequate for this purpose. Otherwise, we will use the money to reduce what the Borrower owes on the Note. SECURITY INTEREST: You will join with us in signing and filing documents and, at your expense, in doing whatever we believe is necessary to perfect and continue perfected our security interest in the Premises. YOUR AUTHORITY TO US: If you fail to perform your obligations under this Mortgage, we may, 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 the Note, on which we impose interest as provided in the Note. If you fail to honor your promises to maintain insurance in effect, or to pay filing fees, taxes or the costs necessary to keep the Premises in good condition and repair, we may, if we choose, advance any sums you promise to pay and obtain replacement insurance. However, any replacement insurance we obtain to cover loss or damage to the Premises may be limited to an amount not greater than what the Borrower owes on the Note. Any amount we advance on your behalf will be added to the balance of the Note on which we impose Finance Charges at the Annual Percentage Rate of the Note. Our payments on your behalf will not cure your failure to perform your promises in this Mortgage. SALE OF PREMISES: You will not sell, transfer ownership, Mortgage or otherwise dispose of the Premises, in whole or in part, without our prior written consent. INSPECTION: You will permit us to inspect the Premises at any reasonable time. NO LOSS OF RIGHTS: The Note and this Mortgage may be negotiated or assigned by us without releasing any of you or the Premises. We may add or release any person or property obligated under the Note and this Mortgage without losing our rights in the Premises. DEFAULT: A default under the Note is a default under this Mortgage. In addition, your failure to perform your obligations in this Mortgage or under any other Mortgage on the Premises is a default under this Mortgage. If any default occurs, we can foreclose upon this Mortgage. This means that we can arrange for the: Premises to be sold, as provided bylaw, in order to payoff what the Borrower owes on the Note. If the money we receive fro thesaleis not enough to pay off what the Borrower owes, you will not owe us the difference unless you also signed the Note as a Borrower. In addition, we ma of the Premises; (ii) lease and collect the rental payments, including overdue rental payments, directly from tenants; (iii) manag EXHIBIT a change leases. We may apply any part of the rental payments to pay taxes, the costs of collecting rental payments and of mnY amounts owing under the Note and under this Mortgage, in any order that we choose. r WAIVERS: If we declare a default under this Mortgage, you waive your rights arising under all appraisement, stay and ex or your benefit or relief; (ii) limit the amount you owe us to the proceeds of the sale of the Premises; (iii) exempt the Premise in attachment, levy or sale under execution; or (iv) provide for a stay of execution or other process. BINDING EFFECT: Until the Borrower has paid the Note in full, the provisions of this Mortgage will be binding on you t` #4 Premises. This Mortgage is for our'benefit and for the benefit of anyone to whom we may assign it, Upon payment in full of all that the orr r u;" Mortgage and our rights in the Premises shall end. GENERAL: We can waive or delay enforcing any of our rights under this Mortgage without Iosin them. An waiver b us of an rovision oft ? ge +il not be a waiver of that or any other provision on any other occasion. g y by Y p 9.t Mort (SEAL) , .??%!? .C W`? .. ?SSAL) gag orROBERT , MCCURDY JR ivlorEgagor HELEN M. MCCURDYr{'' Mortgagor ................................................. (SEAL) .... Mortgagor ,F"• BANCONSUMER FORM PA 109(Rm 4188 00K 12062 PACE 637 01988 BANCONSUMER SERVU QPNCBANK robert L McCurdy,Jr. 1650 Ritner Hwy Shippensburg, PA 17257 Date of this Notice: August 31, 2007 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose Specific information about the nature of the default is provided in the attached pages The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help save your home This Notice explains how the program works To see if HEMAP can help you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with 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 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: robert L McCurdy Jr. / Helen M McCurdy PROPERTY ADDRESS: 1650 Ritner Hwy Shippensburg PA 17257 LOAN ACCT. NO.: 040-01-11712296 ORIGINAL LENDER: PNC CURRENT LENDER/SERVICER: PNC Bank, NA EXHIB?IT? Member of The PNC Financial Services Group Consumer Loan Center 2730 Liberty Avenue Pittsburgh Pennsylvania 15222 VAD". 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 f30) 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 QPNCBANK 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: 1650 Ritner Hwy, Shippensburg, PA 17257 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 $489.76 for each of the months from May 2007 through August 2007 Other charges (explain/itemize): Late Charges for $0.00 TOTAL AMOUNT PAST DUE: $1,948.80 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 $1,948.80, 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• PS 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 pay attorney fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under thQM0b"Crhe PNC Financial Services Group Consumer Loan Center 2730 Liberty Avenue Pittsburgh Pennsylvania 15222 0. 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 Sheriff s Sale You may do so by paying the total amount then past due, plus any late or other charges then due reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST 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 2nd Floor Mailstop• P5-PCLC-02-N Pittsburgh PA 15222 Phone Number: (412) 762-3983 or 1-800-878-0027 Contact Person: Ashley Bustos 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 lendc-r 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: 15` Class U.S. Mail, postage prepaid CONSUMER CREDWC3OVJMSE F]#4GiA IR"ERVING YOUR COUNTY (see attached) Consumer Loan Center 2730 Liberty Avenue Pittsburgh Pennsytvania 15222 QPNCBANK Helen M McCurdy 1650 Ritner Hwy Shippensburg, PA 17257 ACT 91 NOTICE Date of this Notice: August 31, 2007 TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose Specific information about the nature of the default is provided in the attached pages The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help save your home This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Agencies serving your County art 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 VNIENDO 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: Helen M McCurdy PROPERTY ADDRESS: 1650 Ritner Hwy, Ship ensburg PA 17257 LOAN ACCT. NO.: 040-01-11712296 ORIGINAL LENDER: CURRENT LENDER/SERVICER: Member of The PNC Financial Services Group Consumer Loan Center 2730 Liberty Avenue Pittsburgh Pennsylvania 15222 QPNCBANK 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: • W 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 f30) 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 O 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 QPNCBANK 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: 1650 Ritner Hwy, Shippensburg, PA 17257 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 $489.76 for each of the months from May 2007 through LAS 1 Other charges (explain/itemize): Late Charges for $0.00 TOTAL AMOUNT PAST DUE: $1,948.80 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 $1,948.80, 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 Pittsburjzh 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 pay attorney fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under theM@Mierhe 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 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 Sheriffs 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 2nd Floor Mailstop: P5-PCLC-02-N Pittsburgh PA 15222 Phone Number: (412) 762-3983 or 1-800-878-0027 Contact Person: Ashley Bustos 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 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 CR UgbVNRJVE ENgik& *CJ&3"$ERVING YOUR COUNTY (see attached) Consumer Loan Center 2730 Liberty Avenue Pittsburgh Pennsylvania 15222 o ? OD V ?d ? O cl J J ?c y v O O O O to 00 CD ID Cr Ql 4 V o -, , N J N J D O^. Ol 'n (D 0 I O O CD cy, co CD N (D 0 I O O O O o CO co 00 cc ? °- N ' _ O O co 1 `A 't, N o In Ni inw;x ?. ?-x m ;(D , .o d yp • Ln ;Im- F- to i t70'.-9 tJ" D f G fi D i ';?Z r Ln tx art x G CD c-., rv Ul Ln i ul U1 00 co N N Lan, S N CD CD d A n N I D1 CD 3 ID 3 O C W C ID y m N U7 co N 00 1?- r 1I1 ~? .. - _ w 0 w 0 w 0 w w 0 0 w 0 , w 0 i Z m 3 i r' r-I In n ? I-h n rt i o, o ? OD n O w m F-? H? I cn N N ft O N cn i C7 X 00C a - D CD 0 -?? O ?'u a 3 n d 0 m I o m ???? v?Xzx d fn c ? m a (D a a n C) 2. m o m s 3 m d In D a o CO o N d v t-j t:) _0 O ~_w D °'y v_Cay m O O a A ? ? Q m 4 D1 x ? O^. O N CD CD Q C N = x CD m M ,o ?D N f? d CD c am <? c ma ?I 0 o5 n m T CD n CD m N T (n N = CD FJm C,! m Im M w 0 o. Cumberland County Urban League of Mezooolitan Harrisburg 2107Nb°fSt Hamsbur¢, ?A 17101 (717) 2l4-:925 Fax (71 222-985 YWC:k of Carlisle ;01 C St _ Carlisle, ?a 17013 (717) 2::818 Fax (717) ?3-:948 Consumer Credit Counseling Se^ricc 2000 Ling! esown Rd Harrisburg, ?A 17102 (717) :?',-1757 F :uncial Counseling Serrce of Fnrklin County ;1 W3 rd St Waynesboro, ?A 17268 (717) 76=-:285 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 Darnelht-?ay u Attorney Relations Manager PNC Bank, National Association 00 b 00 p b CD SHERIFF'S RETURN - REGULAR CASE NO: 007-07426 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PNC BANK N A VS MCCURDY ROBERT L JR ET AL STEPHEN BENDER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MCCRUDY ROBERT L JR the DEFENDANT , at 1300:00 HOURS, on the 27th day of December-, 2007 at 1650 RITNER HIGHWAY SHIPPENSBURG, PA 17257 HELEN M MCCURDY by handing to ADULT IN CHARGE 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 Service Affidavit Surcharge //Os)n 18.00 16.32 .00 10.00 .00 44.32 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 12/28/2007 TUCKER ARENSBERG By. ?;,& ZCIZ? Deputy Sheriff of A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2007-07426 P • H COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PNC BANK N A VS MCCURDY ROBERT L JR ET AL STEPHEN BENDER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MCCURDY HELEN M the DEFENDANT , at 1300:00 HOURS, on the 27th day of December-, 2007 at 1650 RITNER HIGHWAY SHIPPENSBURG, PA 17257 by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 1163/pp 00 16.00 Sworn and Subscibed to before me this day So Answers: ?^ /Ir R. Thomas Kline 12/28/2007 TUCKER ARENSBERG By: 9??t 1_;?,4 Deputy Sheriff of A. D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, CIVIL DIVISION No. 2007-07426 VS. ROBERT L. MCCURDY, JR. and HELEN M. MCCURDY, 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 bsolomonQtuckerlaw.com 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:317531-1 000011-134344 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, CIVIL DIVISION No. 2007-07426 VS. ROBERT L. MCCURDY, JR. and HELEN M. MCCURDY, Defendants. PRAECIPE FOR DEFAULT JUDGMENT IN MORTGAGE FORECLOSURE TO: Prothonotary Kindly enter Judgment against the Defendants above named in default of an Answer, in the amount of $11,890.45 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 $11,617.71 Interest from 11/6/07 to 2/5/08 @$2.1898 per diem 199.27 Late Charges from 12/07 to 2/08 @$24.49 per month 73.47 Total $11,890.45 *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 Notices of Default, as attached have been mailed in accordance with PA R.C.P. 237.1 on the date indicated on the Notice. Plaintiff : PNC Bank, National Association c/o TUCKER ARENSBERG. P.C., 1500 One PPG Place, Pittsburgh, PA 15222 Defendants: Robert L. McCurdy, Jr., 1650 Ritner Highway, Shippensburg, PA 17257 Helen M. McCurdy, 1650 Ritner Highway, Shippensburg, PA 17257 BANK FIN:317531-1 000011-134344 Attorney for PNC Bank, National Association, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, Vs. ROBERT L. MCCURDY, JR. and HELEN M. MCCURDY, Defendants. CIVIL DIVISION No. 2007-07426 AFFIDAVIT OF NON-MIIdTARY SERVICE COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF ALLEGHENY ) I, Brett A. Solomon, being duly sworn according to law, hereby depose and say that the Defendants, Robert L. McCurdy, Jr. and Helen M. McCurdy are not members of the mili service o the United States of America to the best of my knowledge, information, and belief. A. Solomon, Esquire Sworn to this ` Notary subscribed before me _ day of February, 2008. My Commission Expires: NWMTH OF PENNSY ANW Notarial Seel K* J. Wok Notary Rift Criy Of PRWM91% Mao" Cm* NV CwniW w Expires MqY 23, 2009 MOROW, PsnpeyNanis Anodoon of Noted" BANK FIN:317531-1 000011-134344 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, VS. ROBERT L. MCCURDY, JR. and HELEN M. MCCURDY, Defendants TO: Robert L. McCurdy, Jr. 1650 Ritner Highway Shippensburg, PA 17257 DATE OF NOTICE: January 18, 2008 CIVIL DIVISION No. 2007-07426 P 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 Attorney for Plaintiff, PNC Bank, National Association BANK-F1N:316430-1 000011-134344 CERTIFICATE OF SERVICE I hereby certify that the foregoing Notice was served upon the Defendant, Robert L. McCurdy, Jr., by depositing thereof in the United States mail, first class postage prepaid, on the 18'h day of January 2008, at the following address: Robert L. McCurdy, Jr. 1650 Ritner Highway Shippensburg, PA 17257 , P.C. Itt ett A. Solomon, Esquire orney for Plaintiff, PNC Bank, National Association BANK-FIN: :316430-1 000011-134344 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, CIVIL DIVISION No. 2007-07426 P vs. ROBERT L. MCCURDY, JR. and HELEN M. MCCURDY, Defendants. TO: Helen M. McCurdy 1650 Ritner Highway Shippensburg, PA 17257 DATE OF NOTICE: January 18, 2008 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 R S RG, P.C. A? Brett A. Solomon, Esquire Attorney for Plaintiff, PNC Bank, National Association BANK FW316430-1 000011-134344 CERTIFICATE OF SERVICE I hereby certify that the foregoing Notice was served upon the Defendant, Helen M. McCurdy, by depositing thereof in the United States mail, first class postage prepaid, on the 18`h day of January 2008, at the following address: Helen M. McCurdy 1650 Ritner Highway Shippensburg, PA 17257 TUCRG, P.C. A IBretf X. Solomon, Esquire Attorney for Plaintiff, PNC Bank, National Association BANK_FIN 316430-1 00001 1-134344 i??- p a _ ?p y cr% ? lr- ? W IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, CIVIL DIVISION No. 2007-07426 vs. ROBERT L. MCCURDY, JR. and HELEN M. MCCURDY, Defendants. NOTICE OF JUDGMENT TO: Robert L. McCurdy, Jr. 1650 Ritner Highway Shippensburg, PA 17257 You are hereby notified that a Judgment in Mortgage Foreclosure was entered against you on rA_1_, 2008 in the amount of $11,890.45 plus continuing interest at the contract rate together with costs, late charges, and attorneys fees. Pro onotary BANK FIN:317531-1 000011-134344 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, CIVIL DIVISION No. 2007-07426 VS. ROBERT L. MCCURDY, JR. and HELEN M. MCCURDY, Defendants. NOTICE OF JUDGMENT TO: Helen M. McCurdy 1650 Ritner Highway Shippensburg, PA 17257 You are hereby notified that a Judgment in Mortgage Foreclosure was entered against you on fib to , 2008 in the amount of $11,890.45 plus continuing interest at the contract rate together with costs, late charges, and attorneys fees. BANK FIN:317531-1000011-134344 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, CIVIL DIVISION Plaintiff, VS. ROBERT L. MCCURDY, JR. and HELEN M. MCCURDY, Defendants 1650 Ritner Highway Shippensburg, Pennsylvania 17257 (Township of Southampton) Tax Parcel No. 39-12-0324-002 No. 07-07426 Civil Term PRAECIPE FOR WRIT OF EXECUTION 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. No. 83746 Michael C. Mazack Pa. I.D. No 205742 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, Plaintiff, vs. ROBERT L. MCCURDY, JR. and HELEN M. MCCURDY, Defendants. CIVIL DIVISION No. 07-07426 Civil Term PRAECIPE FOR WRIT OF EXECUTION IN MORTGAGE FORECLOSURE TO: Prothonotary of Cumberland County: Kindly issue a Writ of Execution in Mortgage Foreclosure in the above matter as follows: Judgment Amount ........................................................................ $11,890.45 Interest from 11/06/07 through 5/5/08 at $2.1898 per diem ......... 398.54 Late Charges ($24.99/mo. for 3/08 to 5/08) ................................. 74.97 Attorneys' Fees and Costs .......................................................... 503.82 Sub-total ................................................................................... $12,867.78 Costs (to be added by the Prothonotary) ................................... TOTAL TUCKER ARENSBERG, P.C. Brett A. Solomon, Esquire Michael C. Mazack, Esquire Attorneys for PNC Bank, National Association, Plaintiff f^ f L\j ? o ?c f? "O W w W C) 'D L\ e p. I r ? ' C J 1 A ti ,f 1 ? n rr -,r T WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-7426 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PNC BANK, NATIONAL ASSOCIATION, Plaintiff (s) From ROBERT L. MCCURDY, JR. AND HELEN M. MCCURDY (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $11,890.45 L.L. $.50 Interest FROM 11/06/07 THROUGH 5/5/08 AT $2.1898 PER DIEM - $398.54 Atty's Comm % Due Prothy $2.00 Atty Paid $179.32 Other Costs LATE CHARGES ($24.99/MO. FOR 3/08 TO 5/08) - $74..97 -- ATTORNEY'S FEES AND COSTS - $503.82 Plaintiff Paid Date: MARCH 4, 2008 (Seal) ( Lt 2 kE Y; a_, --, Curtis Long, Prothon By: Deputy REQUESTING PARTY: Name MICHAEL C. MAZACK, ESQUIRE Address: TUCKER ARENSBERG, P.C. 1500 ONE PPG PLACE PITTSBURGH, PA 15222 Attorney for: PLAINTIFF Telephone: 412-566-1212 Supreme Court ID No. 205742 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, vs. ROBERT L. MCCURDY, JR. and HELEN M. MCCURDY, CIVIL DIVISION No. 07-07426 Civil Term Defendants. COMMONWEALTH OF PENNSYLVANIA COUNTY OF ALLEGHENY SS: I, Micahel C. Mazack, Esquire, being duly sworn according to law, hereby depose and say that the Defendants, Robert L McCurdy, Jr. and Helen M. McCurdy, are not members of the military service of the United States of America to the best of my knowledge, information and belief. Sworn to and subscribed before me this ,.C day of e- 2008. r bl My Commission Expires: ~ev? Brett A. Solomon, Esquire Michael C. Mazack, Esquire COMMONWEALTH OF P SYLVAMA Notarial Seal Kally J. Mi .* Notary Public My Of Pftbttrgk ANegheny County My Ca rilW n Expires May 2% 2009 Member, Pennsylvania Association of Notaries BF 319772 ? ? t? S;',1 L? ? . ? r? Il?}? ? ^?P? ??I: _ `'° W ? '!? . ?., -' r'1 -,? ::7 ??1 -C IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, CIVIL DIVISION Plaintiff, No. 07-07426 Civil Term vs. AFFIDAVIT PURSUANT TO PA. R.C.P. 3129.1 ROBERT L. MCCURDY, JR. and HELEN M. MCCURDY, Filed on behalf of PNC Bank, National Defendants. Association, Plaintiff Counsel of Record for this Party: Brett A. Solomon, Esquire Pa. I.D. No. 83746 Michael C. Mazack Pa. I.D. No. 205742 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, ) Plaintiff, ) VS. ) ROBERT L. MCCURDY, JR. and ) HELEN M. MCCURDY, CIVIL DIVISION No. 07-07426 Civil Term Defendants AFFIDAVIT PURSUANT TO Pa. R.C.P. 3129.1 PNC Bank, National Association, Plaintiff in the above action, by its attorneys, Tucker Arensberg, P.C., set forth as of the date of the Praecipe for Writ of Execution was filed the following information concerning the real property located in the Township of Southhampton, County of Cumberland and Commonwealth of Pennsylvania: Name and address of the Owner or Reputed Owner: ROBERT L. MCCURDY HELEN M. MCCURDY 1650 Ritner Highway Shippensburg, PA 17257 2. Name and address of Defendants in the judgment: SAME AS ABOVE 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: PNC BANK, NATIONAL c/o Brett A. Solomon, Esquire ASSOCIATION Michael C. Mazack, Esquire Tucker Arensberg, P.C. 1500 One PPG Place Pittsburgh, PA 15222 SOUTHAMPTON TOWNSHIP 939 Street Road Southampton, PA 18966 WAYNE HARTZELL 26 Hillcrest Drive Newport, PA 17074 4. Name and address of last recorded holder of every mortgage of record: PNC BANK, NATIONAL c/o Brett A. Solomon, Esquire ASSOCIATION Michael C. Mazack, Esquire Tucker Arensberg, P.C. 1500 One PPG Place Pittsburgh, PA 152225. ALLFIRST BANK 401 M St NW Washington, DC 20001 25 S. Charles St. Baltimore, MD 21201 5. 6. Name and address of every other person who has any record lien on their property: UNKNOWN Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: CUMBERLAND COUNTY TREASURER CUMBERLAND COUNTY TAX CLAIM BUREAU TOWNSHIP OF SOUTHAMPTON TAX COLLECTOR SHIPPENSBURG AREA SCHOOL DISTRICT COMMONWEALTH OF PA DEPARTMENT OF REVENUE 1 Courthouse Square Carlisle, PA 17013 1 Courthouse Square Carlisle, PA 17013 c/o Vivian F. Coy 200 Airport Road Shippensburg, PA 17257 c/o Tax Collector 317 N Morris St. Shippensburg, PA 17257 P.O. Box 2675 Harrisburg, PA 17105 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: CUMBERLAND COUNTY P.O. Box 320 DOMESTIC RELATIONS OFFICE Carlisle, Pennsylvania 17013 -2- The information provided in the foregoing Affidavit is provided solely to comply with the Pennsylvania Rules of Civil Procedure 3129.1, and it is not intended to be a comprehensive abstract of the condition of the title of the real estate which is being sold under this execution. No person or entity is entitled to rely on any statements made herein in regard to the condition of the title of the property or to rely on any statement herein in formulating bids which might be made at the sale of the property. I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. By: Dated: Lt" (? i Brett A. Solomon, Esquire Michael C. Mazack, Esquire Swor oCand subscribed efore me Attorney for Plaintiff this , ? day of \ -ZIP 2008. ,? Notarial Seel K* J. fiAlzalc, PlNOWY Public ot y N-blic GtyOfPftWg,,AOepeny My m 'ssion Expires: Cm? SOW Mall, o3. ? BF 319 Member, Perm"Wania Assoela«ir, , ,4 Notaries -3- - 7+ ?I ~O ?r.f i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, CIVIL DIVISION Plaintiff, No. 07-07426 Civil Term vs. AFFIDAVIT OF ACT 6 ROBERT L. MCCURDY, JR. and HELEN M. MCCURDY, Filed on behalf of PNC Bank, National Defendants. Association, Plaintiff Counsel of Record for this Party: Brett A. Solomon, Esquire Pa. I.D. No. 83746 Michael C. Mazack Pa. I.D. No. 205742 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, Plaintiff, vs. ROBERT L. MCCURDY, JR. and HELEN M. MCCURDY, CIVIL DIVISION No. 07-07426 Civil Term Defendants. COMMONWEALTH OF PENNSYLVANIA COUNTY OF ALLEGHENY SS: Before me, a Notary Public, personally appeared Michael C. Mazack, Esquire, being duly sworn, deposes and says: THAT Notice of PNC Bank, National Association, intention to foreclose, pursuant to 41 P.S. §403 (Act 6 of 1974), was given to Defendants on or about August 31, 2007. Brett A. Solomon, Esquire Michael C. Mazack, Esquire COLWNWEALTH OF PENNSYI VANIA Notarial Seal Kelly J. N14ak Notary Public City Of Pith, Agegheny Courtity My Commialon E)OW May 23, 2009 Member, Pennsylvanla Association of Notaries BF 319772 My Commission Expires: ??? C"`` c=? -- r:..? - cc? -zr ,Y%_'7 ?-' ._.? --...E IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, CIVIL DIVISION Plaintiff, VS. ROBERT L. MCCURDY, JR. and HELEN M. MCCURDY, Defendants. No. 07-07426 Civil Term AFFIDAVIT OF ACT 91 Filed on behalf of PNC Bank, National Association, Plaintiff Counsel of Record for this Party: Brett A. Solomon, Esquire Pa. I.D. No. 83746 Michael C. Mazack Pa. I.D. No. 205742 TUCKER ARENSBERG, P.C. Firm #287 1500 One PPG Place Pittsburgh, Pennsylvania 15222 (412) 566-1212 1'"?.J C.? r: -? o C? ..... Lt:? ._ .: .. ? i ? w,n '? ??r t °r-; r ;? "' ._ = _„_ ?7 iC ...6 "C IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, VS. ROBERT L. MCCURDY, JR. and HELEN M. MCCURDY, Defendants. CIVIL DIVISION No. 07-07426 Civil Term AFFIDAVIT OF LAST KNOWN ADDRESS Filed on behalf of PNC Bank, National Association, Plaintiff Counsel of Record for this Party: Brett A. Solomon, Esquire Pa. I.D. No. 83746 Michael C. Mazack Pa. I.D. No. 205742 TUCKER ARENSBERG, P.C. Firm #287 1500 One PPG Place Pittsburgh, Pennsylvania 15222 (412) 566-1212 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, vs. ROBERT L. MCCURDY, JR. and HELEN M. MCCURDY, Defendants. COMMONWEALTH OF PENNSYLVANIA COUNTY OF ALLEGHENY CIVIL DIVISION No. 07-07426 Civil Term SS: AFFIDAVIT OF LAST KNOWN ADDRESS OF DEFENDANT Before me the undersigned, a Notary Public in and for aforesaid Commonwealth and County, personally appeared Micahel C. Mazack, Esquire, who being duly sworn, deposes and says as follows: 1. That he is counsel for the Plaintiff in the above referenced matter. 2. That to the best of his knowledge, information and belief, the last known address of Defendant is 1650 Ritner Highway, Shippensburg, PA 17257. TUCKER ARENSBERG, P.C. Swort},q and subscrib f r me this __1day of 2008. Brett A. Solomon, Esquire Michael C. Mazack, Esquire Attorneys for Plaintiff Nota Pu lf?' I MWNWEALTH OF P YLVAW My Commission Expires: 89W BF 319772 Kelly J. WZek, Notary PubIIC CRY Of PRt bL#O, AR6g"Cm#V W Cone nbgm EON May 23, 2009 Member, Pennsylvania Assooiatlon of Notaries ?, r.? ?-? ?? _ ?: -r! ?,? i-r5; ` ? ?: "" ?, ,? ? ? )t °:', i- . _?..? f_-7 ?.t i .?'J "< IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, ) Plaintiff, ) vs. ) ROBERT L. MCCURDY, JR. and ) HELEN M. MCCURDY, CIVIL DIVISION No. 07-07426 Civil Term Defendants. NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: Helen M. McCurdy 1650 Ritner Highway Shippensburg, PA 17257 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, Pennsylvania, directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE 4T" FLOOR, JURY ASSEMBLY ROOM ONE COURTHOUSE SQUARE CARLISLE, PA 17013 on June 11, 2008, at 10:00 AM, the following described real estate, of which Robert L. and Helen M. McCurdy are the owners or reputed owners: Please see attached description of property. The said Writ of Execution has been issued on a judgment in the mortgage foreclosure action of: PNC BANK, NATIONAL ASSOCIATION vs. ROBERT L. MCCURDY HELEN M. MCCURDY at Ex. No. 07-07426 Civil Term in the amount of $ 12,867.78 -4- Claims against property must be filed at the Office of the Sheriff before the above sale date. Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from sale date. Exemptions to Distribution or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when the Schedule of Distribution is filed in the Office of the Sheriff. Attached hereto is a copy of the Writ of Execution. It has been issued because there is a judgment against you. It may cause your property to be held or taken to pay the judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL ADVICE. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717)-249-3166 1-800-990-9108 You may have legal rights to prevent the Sheriff's Sale and the loss of your property. In order to exercise those rights, prompt action on your part is necessary. A lawyer may be able to help you. You may have the right to prevent or delay the Sheriff's Sale by filing, before the sale occurs, a petition to open or strike the judgment or a petition to stay the execution. If the judgment was entered because you did not file with the Court any defense or objection you might have within twenty (20) days after service of the Complaint in Mortgage Foreclosure and Notice to Defend, you may have the right to have the judgment opened if you promptly file a petition with the Court alleging a valid defense and a reasonable excuse for failing to file defense on time. If the judgment is opened, the Sheriff's Sale would ordinarily be delayed pending a trial of the issue of whether the plaintiff has a valid claim to foreclose the mortgage or judgment. You may also have the right to have the judgment stricken if the Sheriff has not made a valid return of service of the Complaint and Notice to Defend or if the judgment was entered before twenty (20) days after service or in certain other events. To exercise this right you would have to file a petition to strike the judgment. -5- You may also have the right to petition the Court to stay or delay the execution and the Sheriff's Sale if you can show a defect in the Writ of Execution or service or demonstrate any other legal or equitable right. YOU MAY ALSO HAVE THE RIGHT TO HAVE THE SHERIFF'S SALE SET ASIDE IF THE PROPERTY IS SOLD FOR A GROSSLY INADEQUATE PRICE OR IF THERE ARE DEFECTS IN THE SHERIFF'S SALE. TO EXERCISE THIS RIGHT YOU SHOULD FILE A PETITION WITH THE COURT AFTER THE SALE AND BEFORE THE SHERIFF HAS DELIVERED HIS DEED TO THE PROPERTY. THE SHERIFF WILL DELIVER THE DEED IF NO PETITION TO SET ASIDE THE SALE IS FILED WITHIN THE TEN (10) DAYS FROM THE DATE WHEN THE SCHEDULE OF DISTRIBUTION IS FILED IN THE OFFICE OF THE SHERIFF. Brett A. Solomon, Esquire Pa. I.D. No. 83746 Michael C. Mazack, Esquire Pa. I.D. No. 205742 1500 One PPG Place Pittsburgh, Pennsylvania 15222 (412) 566-1212 Attorneys for PNC Bank, National Association, Plaintiff BF 319772 -6- ._1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, vs. ROBERT L. MCCURDY, JR. and HELEN M. MCCURDY, CIVIL DIVISION No. 07-07426 Civil Term Defendants. LEGAL DESCRIPTION OF REAL ESTATE ALL the following described real estate lying and being situate in Southampton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at an existing parker-kalon nail in the centerline of U.S. Route 11 and corner common to the lot herein conveyed and lands now or formerly of Ressler's Walnut Bottom Farm; thence by said lands of Ressler's Walnut Bottom Farm, South 34 degrees 19 minutes 17 seconds East, 81.91 feet to an existing iron pin at lands now or formerly of Iola Gibble; thence by said lands of Gibble, South 51 degrees 24 minutes 49 seconds West, 381.09 feet to a set iron pin at a corner common to the lot herein conveyed and Lot No. 2 of the subdivision plan hereinafter referred to; thence by said Lot No. 2, North 34 degrees 16 minutes 02 seconds West, 110.62 feet to a set parker-kalon nail in the centerline of U.S. Route 11; thence by the centerline of said road, North 55 degrees 43 minutes 58 seconds East, 33.3 feet to an existing parker-kalon nail in the centerline of said road; thence continuing by the centerline of said road, North 58 degrees 43 minutes 58 seconds East, 346.62 feet to an existing parker- kalon hail in the centerline of said road at the place of beginning. CONTAINING 0.8397 acre, more or less, AND BEING DESIGNATED as Lot No. 1 on a subdivision plan prepared by John R. Kissinger, Surveying, dated March 20, 1991, for Sheldon Staver, a copy of which subdivision plan is recorded at Cumberland County Plan Book 63, Page 12. BEING the same real estate which Sheldon C. Staver and Mary N. Staver, his wife, by deed dated May 29, 1992, and recorded at Cumberland County Deed Book Volume 35-5, Page 7, conveyed to Robert L. McCurdy, Fr. and Helen M. McCurdy, his wife, Grantors herein. Brett A. Solomon, Esquire Michael C. Mazack, Esquire -7- FY'" i N 7 1 FT1 -- v! Fn ` ?-J ^C 1 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, ) Plaintiff, ) vs. ) ROBERT L. MCCURDY, JR. and ) HELEN M. MCCURDY, CIVIL DIVISION No. 07-07426 Civil Term Defendants. NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: Robert L. McCurdy 1650 Ritner Highway Shippensburg, PA 17257 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, Pennsylvania, directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE 4T" FLOOR, JURY ASSEMBLY ROOM ONE COURTHOUSE SQUARE CARLISLE, PA 17013 on June 11, 2008, at 10:00 AM, the following described real estate, of which Robert L. and Helen M. McCurdy are the owners or reputed owners: Please see attached description of property. The said Writ of Execution has been issued on a judgment in the mortgage foreclosure action of: PNC BANK, NATIONAL ASSOCIATION vs. ROBERT L. MCCURDY HELEN M. MCCURDY at Ex. No. 07-07426 Civil Term in the amount of $ 12,867.78 Claims against property must be filed at the Office of the Sheriff before the above sale date. Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from sale date. Exemptions to Distribution or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when the Schedule of Distribution is filed in the Office of the Sheriff. Attached hereto is a copy of the Writ of Execution. It has been issued because there is a judgment against you. It may cause your property to be held or taken to pay the judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL ADVICE. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717)-249-3166 1-800-990-9108 You may have legal rights to prevent the Sheriff's Sale and the loss of your property. In order to exercise those rights, prompt action on your part is necessary. A lawyer may be able to help you. You may have the right to prevent or delay the Sheriff's Sale by filing, before the sale occurs, a petition to open or strike the judgment or a petition to stay the execution. If the judgment was entered because you did not file with the Court any defense or objection you might have within twenty (20) days after service of the Complaint in Mortgage Foreclosure and Notice to Defend, you may have the right to have the judgment opened if you promptly file a petition with the Court alleging a valid defense and a reasonable excuse for failing to file defense on time. If the judgment is opened, the Sheriff's Sale would ordinarily be delayed pending a trial of the issue of whether the plaintiff has a valid claim to foreclose the mortgage or judgment. You may also have the right to have the judgment stricken if the Sheriff has not made a valid return of service of the Complaint and Notice to Defend or if the judgment was entered before twenty (20) days after service or in certain other events. To exercise this right you would have to file a petition to strike the judgment. -2- You may also have the right to petition the Court to stay or delay the execution and the Sheriff's Sale if you can show a defect in the Writ of Execution or service or demonstrate any other legal or equitable right. YOU MAY ALSO HAVE THE RIGHT TO HAVE THE SHERIFF'S SALE SET ASIDE IF THE PROPERTY IS SOLD FOR A GROSSLY INADEQUATE PRICE OR IF THERE ARE DEFECTS IN THE SHERIFF'S SALE. TO EXERCISE THIS RIGHT YOU SHOULD FILE A PETITION WITH THE COURT AFTER THE SALE AND BEFORE THE SHERIFF HAS DELIVERED HIS DEED TO THE PROPERTY. THE SHERIFF WILL DELIVER THE DEED IF NO PETITION TO SET ASIDE THE SALE IS FILED WITHIN THE TEN (10) DAYS FROM THE DATE WHEN THE SCHEDULE OF DISTRIBUTION IS FILED IN THE OFFICE OF THE SHERIFF. Brett A. Solomon, squire Pa. I.D. No. 83746 Michael C. Mazack, Esquire Pa. I.D. No. 205742 1500 One PPG Place Pittsburgh, Pennsylvania 15222 (412) 566-1212 Attorneys for PNC Bank, National Association, Plaintiff BF 319772 -3- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, vs. ROBERT L. MCCURDY, JR. and HELEN M. MCCURDY, CIVIL DIVISION No. 07-07426 Civil Term Defendants. LEGAL DESCRIPTION OF REAL ESTATE ALL the following described real estate lying and being situate in Southampton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at an existing parker-kalon nail in the centerline of U.S. Route 11 and corner common to the lot herein conveyed and lands now or formerly of Ressler's Walnut Bottom Farm; thence by said lands of Ressler's Walnut Bottom Farm, South 34 degrees 19 minutes 17 seconds East, 81.91 feet to an existing iron pin at lands now or formerly of Iola Gibble; thence by said lands of Gibble, South 51 degrees 24 minutes 49 seconds West, 381.09 feet to a set iron pin at a corner common to the lot herein conveyed and Lot No. 2 of the subdivision plan hereinafter referred to; thence by said Lot No. 2, North 34 degrees 16 minutes 02 seconds West, 110.62 feet to a set parker-kalon nail in the centerline of U.S. Route 11; thence by the centerline of said road, North 55 degrees 43 minutes 58 seconds East, 33.3 feet to an existing parker-kalon nail in the centerline of said road; thence continuing by the centerline of said road, North 58 degrees 43 minutes 58 seconds East, 346.62 feet to an existing parker- kalon hail in the centerline of said road at the place of beginning. CONTAINING 0.8397 acre, more or less, AND BEING DESIGNATED as Lot No. 1 on a subdivision plan prepared by John R. Kissinger, Surveying, dated March 20, 1991, for Sheldon Staver, a copy of which subdivision plan is recorded at Cumberland County Plan Book 63, Page 12. BEING the same real estate which Sheldon C. Staver and Mary N. Staver, his wife, by deed dated May 29, 1992, and recorded at Cumberland County Deed Book Volume 35-5, Page 7, conveyed to Robert L. McCurdy, Fr. and Helen M. McCurdy, his wife, Grantors herein. Brett A. Solomon, Esquire Michael C. Mazack, Esquire -7- `' ` i r ; _ PNC Bank, National Association vs Robert L. McCurdy, Jr. and Helen J. McCurdy In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2007-7426 Civil Term Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on April 04, 2008 at 2017 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants, to wit: Robert L. McCurdy, Jr. and Helen J. McCurdy by making known unto Helen McCurdy personally and adult in charge for Robert McCurdy at 1650 Ritner Highway, Shippensburg, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. Steve Bender, Deputy Sheriff, who being duly sworn according to law, states that on April 02, 2008 at 1325 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and description, in the above entitled action, upon the property of Joseph A. Rohm and Anna M. Rohm located at 1650 Ritner Highway, Shippensburg, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Joseph A. Rohm and Anna M. Rohm by regular mail to their last known address of 1650 Ritner Highway, Shippensburg PA 17257. This letter was mailed under the date of April 17, 2008 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Brett Solomon. Sheriffs Costs: Docketing 30.00 Poundage 105.70 Posting Bills 15.00 Advertising 15.00 Law Library .50 Prothonotary 2.00 Mileage 36.48 Levy 15.00 Surcharge 30.00 Law Journal 389.00 Patriot News 383.09 Share of bills 14.73 b? $ 1,036.50 q4? So we R. Thomas Kline, Sheriff BY Real Estate Se geant L bq3 ??lU 075 r , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, CIVIL DIVISION Plaintiff, No. 07-07426 Civil Term vs. AFFIDAVIT PURSUANT TO PA. R.C.P. 3129.1 ROBERT L. MCCURDY, JR. and HELEN M. MCCURDY, Filed on behalf of PNC Bank, National Defendants. Association, Plaintiff Counsel of Record for this Party: Brett A. Solomon, Esquire Pa. I.D. No. 83746 Michael C. Mazack Pa. I.D. No. 205742 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, ) } Plaintiff, ) vs. ) ) ROBERT L. MCCURDY, JR. and ) HELEN M. MCCURDY, CIVIL DIVISION No. 07-07426 Civil Term Defendants AFFIDAVIT PURSUANT TO Pa. R.C.P. 3129.1 PNC Bank, National Association, Plaintiff in the above action, by its attorneys, Tucker Arensberg, P.C., set forth as of the date of the Praecipe for Writ of Execution was filed the following information concerning the real property located in the Township of Southhampton, County of Cumberland and Commonwealth of Pennsylvania: 1. Name and address of the Owner or Reputed Owner: ROBERT L. MCCURDY HELEN M. MCCURDY 1650 Ritner Highway Shippensburg, PA 17257 2. Name and address of Defendants in the judgment: SAME AS ABOVE 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: PNC BANK, NATIONAL c/o Brett A. Solomon, Esquire ASSOCIATION Michael C. Mazack, Esquire Tucker Arensberg, P.C. 1500 One PPG Place Pittsburgh, PA 15222 SOUTHAMPTON TOWNSHIP 939 Street Road Southampton, PA 18966 WAYNE HARTZELL 26 Hillcrest Drive Newport, PA 17074 4. Name and address of last recorded holder of every mortgage of record: PNC BANK, NATIONAL c/o Brett A. Solomon, Esquire ASSOCIATION Michael C. Mazack, Esquire Tucker Arensberg, P.C. 1500 One PPG Place Pittsburgh, PA 152225. ALLFIRST BANK 401 M St NW Washington, DC 20001 25 S. Charles St. Baltimore, MD 21201 5. Name and address of every other person who has any record lien on their property: UNKNOWN 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: CUMBERLAND COUNTY TREASURER 1 Courthouse Square Carlisle, PA 17013 CUMBERLAND COUNTY TAX CLAIM BUREAU TOWNSHIP OF SOUTHAMPTON TAX COLLECTOR SHIPPENSBURG AREA SCHOOL DISTRICT COMMONWEALTH OF PA DEPARTMENT OF REVENUE 1 Courthouse Square Carlisle, PA 17013 c/o Vivian F. Coy 200 Airport Road Shippensburg, PA 17257 c/o Tax Collector 317 N Morris St. Shippensburg, PA 17257 P.O. Box 2675 Harrisburg, PA 17105 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: CUMBERLAND COUNTY P.O. Box 320 DOMESTIC RELATIONS OFFICE Carlisle, Pennsylvania 17013 -2- The information provided in the foregoing Affidavit is provided solely to comply with the Pennsylvania Rules of Civil Procedure 3129.1, and it is not intended to be a comprehensive abstract of the condition of the title of the real estate which is being sold under this execution. No person or entity is entitled to rely on any statements made herein in regard to the condition of the title of the property or to rely on any statement herein in formulating bids which might be made at the sale of the property. 1 verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Dated: Sworn to.and subscribed before me this day of ` j t k- C: 2008. f r-M By: Brett A. Solomon, Esquire Michael C. Mazack, Esquire Attorney for Plaintiff Abaft ;JW Notary Public - ? t cayKe , IN?C,?yPuNia +, AkgP y cour4y My Commission Expires: ?Y onE t&j,23, M BF 319772 ` Member, Pennsylvania Assmiqu r ,R°-- ?oRarls -3- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, ) Plaintiff, ) vs. ) ROBERT L. MCCURDY, JR. and ) HELEN M. MCCURDY, CIVIL DIVISION No. 07-07426 Civil Term Defendants. NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: Robert L. McCurdy 1650 Ritner Highway Shippensburg, PA 17257 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, Pennsylvania, directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE 4T" FLOOR, JURY ASSEMBLY ROOM ONE COURTHOUSE SQUARE CARLISLE, PA 17013 on June 11, 2008, at 10:00 AM, the following described real estate, of which Robert L. and Helen M. McCurdy are the owners or reputed owners: Please see attached description of property. The said Writ of Execution has been issued on a judgment in the mortgage foreclosure action of: PNC BANK, NATIONAL ASSOCIATION vs. ROBERT L. MCCURDY HELEN M. MCCURDY at Ex. No. 07-07426 Civil Term in the amount of $ 12,867.78 date. Claims against property must be filed at the Office of the Sheriff before the above sale Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from sale date. Exemptions to Distribution or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when the Schedule of Distribution is filed in the Office of the Sheriff. Attached hereto is a copy of the Writ of Execution. It has been issued because there is a judgment against you. It may cause your property to be held or taken to pay the judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL ADVICE. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717)-249-3166 1-800-990-9108 You may have legal rights to prevent the Sheriff's Sale and the loss of your property. In order to exercise those rights, prompt action on your part is necessary. A lawyer may be able to help you. You may have the right to prevent or delay the Sheriff's Sale by filing, before the sale occurs, a petition to open or strike the judgment or a petition to stay the execution. If the judgment was entered because you did not file with the Court any defense or objection you might have within twenty (20) days after service of the Complaint in Mortgage Foreclosure and Notice to Defend, you may have the right to have the judgment opened if you promptly file a petition with the Court alleging a valid defense and a reasonable excuse for failing to file defense on time. If the judgment is opened, the Sheriff's Sale would ordinarily be delayed pending a trial of the issue of whether the plaintiff has a valid claim to foreclose the mortgage or judgment. You may also have the right to have the judgment stricken if the Sheriff has not made a valid return of service of the Complaint and Notice to Defend or if the judgment was entered before twenty (20) days after service or in certain other events. To exercise this right you would have to file a petition to strike the judgment. -2- You may also have the right to petition the Court to stay or delay the execution and the Sheriff's Sale if you can show a defect in the Writ of Execution or service or demonstrate any other legal or equitable right. YOU MAY ALSO HAVE THE RIGHT TO HAVE THE SHERIFF'S SALE SET ASIDE IF THE PROPERTY IS SOLD FOR A GROSSLY INADEQUATE PRICE OR IF THERE ARE DEFECTS IN THE SHERIFF'S SALE. TO EXERCISE THIS RIGHT YOU SHOULD FILE A PETITION WITH THE COURT AFTER THE SALE AND BEFORE THE SHERIFF HAS DELIVERED HIS DEED TO THE PROPERTY. THE SHERIFF WILL DELIVER THE DEED IF NO PETITION TO SET ASIDE THE SALE IS FILED WITHIN THE TEN (10) DAYS FROM THE DATE WHEN THE SCHEDULE OF DISTRIBUTION IS FILED IN THE OFFICE OF THE SHERIFF. Brett A. Solomon, squire Pa. I. D. No. 83746 Michael C. Mazack, Esquire Pa. I. D. No. 205742 1500 One PPG Place Pittsburgh, Pennsylvania 15222 (412) 566-1212 Attorneys for PNC Bank, National Association, Plaintiff BF 319772 -3- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, vs. ROBERT L. MCCURDY, JR. and HELEN M. MCCURDY, CIVIL DIVISION No. 07-07426 Civil Term Defendants. LEGAL DESCRIPTION OF REAL ESTATE ALL the following described real estate lying and being situate in Southampton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at an existing parker-kalon nail in the centerline of U.S. Route 11 and corner common to the lot herein conveyed and lands now or formerly of Ressler's Walnut Bottom Farm; thence by said lands of Ressler's Walnut Bottom Farm, South 34 degrees 19 minutes 17 seconds East, 81.91 feet to an existing iron pin at lands now or formerly of Iola Gibble; thence by said lands of Gibble, South 51 degrees 24 minutes 49 seconds West, 381.09 feet to a set iron pin at a corner common to the lot herein conveyed and Lot No. 2 of the subdivision plan hereinafter referred to; thence by said Lot No. 2, North 34 degrees 16 minutes 02 seconds West, 110.62 feet to a set parker-kalon nail in the centerline of U.S. Route 11; thence by the centerline of said road, North 55 degrees 43 minutes 58 seconds East, 33.3 feet to an existing parker-kalon nail in the centerline of said road; thence continuing by the centerline of said road, North 58 degrees 43 minutes 58 seconds East, 346.62 feet to an existing parker- kalon hail in the centerline of said road at the place of beginning. CONTAINING 0.8397 acre, more or less, AND BEING DESIGNATED as Lot No. 1 on a subdivision plan prepared by John R. Kissinger, Surveying, dated March 20, 1991, for Sheldon Staver, a copy of which subdivision plan is recorded at Cumberland County Plan Book 63, Page 12. BEING the same real estate which Sheldon C. Staver and Mary N. Staver, his wife, by deed dated May 29, 1992, and recorded at Cumberland County Deed Book Volume 35-5, Page 7, conveyed to Robert L. McCurdy, Fr. and Helen M. McCurdy, his wife, Grantors herein. Brett A. Solomon, Esquire Michael C. Mazack, Esquire -7- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, CIVIL DIVISION No. 07-07426 Civil Term vs. ROBERT L. MCCURDY, JR. and HELEN M. MCCURDY, Defendants. NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: Helen M. McCurdy 1650 Ritner Highway Shippensburg, PA 17257 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, Pennsylvania, directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE 4T" FLOOR, JURY ASSEMBLY ROOM ONE COURTHOUSE SQUARE CARLISLE, PA 17013 on June 11, 2008, at 10:00 AM, the following described real estate, of which Robert L. and Helen M. McCurdy are the owners or reputed owners: Please see attached description of property. The said Writ of Execution has been issued on a judgment in the mortgage foreclosure action of: PNC BANK, NATIONAL ASSOCIATION vs. ROBERT L. MCCURDY HELEN M. MCCURDY at Ex. No. 07-07426 Civil Term in the amount of $ 12,867.78 -4- date. Claims against property must be filed at the Office of the Sheriff before the above sale Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from sale date. Exemptions to Distribution or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when the Schedule of Distribution is filed in the Office of the Sheriff. Attached hereto is a copy of the Writ of Execution. It has been issued because there is a judgment against you. It may cause your property to be held or taken to pay the judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL ADVICE. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717)-249-3166 1-800-990-9108 You may have legal rights to prevent the Sheriff's Sale and the loss of your property. In order to exercise those rights, prompt action on your part is necessary. A lawyer may be able to help you. You may have the right to prevent or delay the Sheriff's Sale by filing, before the sale occurs, a petition to open or strike the judgment or a petition to stay the execution. If the judgment was entered because you did not file with the Court any defense or objection you might have within twenty (20) days after service of the Complaint in Mortgage Foreclosure and Notice to Defend, you may have the right to have the judgment opened if you promptly file a petition with the Court alleging a valid defense and a reasonable excuse for failing to file defense on time. If the judgment is opened, the Sheriff's Sale would ordinarily be delayed pending a trial of the issue of whether the plaintiff has a valid claim to foreclose the mortgage or judgment. You may also have the right to have the judgment stricken if the Sheriff has not made a valid return of service of the Complaint and Notice to Defend or if the judgment was entered before twenty (20) days after service or in certain other events. To exercise this right you would have to file a petition to strike the judgment. -5- You may also have the right to petition the Court to stay or delay the execution and the Sheriff's Sale if you can show a defect in the Writ of Execution or service or demonstrate any other legal or equitable right. YOU MAY ALSO HAVE THE RIGHT TO HAVE THE SHERIFF'S SALE SET ASIDE IF THE PROPERTY IS SOLD FOR A GROSSLY INADEQUATE PRICE OR IF THERE ARE DEFECTS IN THE SHERIFF'S SALE. TO EXERCISE THIS RIGHT YOU SHOULD FILE A PETITION WITH THE COURT AFTER THE SALE AND BEFORE THE SHERIFF HAS DELIVERED HIS DEED TO THE PROPERTY. THE SHERIFF WILL DELIVER THE DEED IF NO PETITION TO SET ASIDE THE SALE IS FILED WITHIN THE TEN (10) DAYS FROM THE DATE WHEN THE SCHEDULE OF DISTRIBUTION IS FILED IN THE OFFICE OF THE SHERIFF. Brett A. Solomon, Esquire Pa. I. D. No. 83746 Michael C. Mazack, Esquire Pa. I.D. No. 205742 1500 One PPG Place Pittsburgh, Pennsylvania 15222 (412) 566-1212 Attorneys for PNC Bank, National Association, Plaintiff BF 319772 -6- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, Plaintiff, vs. ROBERT L. MCCURDY, JR. and HELEN M. MCCURDY, CIVIL DIVISION No. 07-07426 Civil Term Defendants. LEGAL DESCRIPTION OF REAL ESTATE ALL the following described real estate lying and being situate in Southampton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at an existing parker-kalon nail in the centerline of U.S. Route 11 and corner common to the lot herein conveyed and lands now or formerly of Ressler's Walnut Bottom Farm; thence by said lands of Ressler's Walnut Bottom Farm, South 34 degrees 19 minutes 17 seconds East, 81.91 feet to an existing iron pin at lands now or formerly of Iola Gibble; thence by said lands of Gibble, South 51 degrees 24 minutes 49 seconds West, 381.09 feet to a set iron pin at a corner common to the lot herein conveyed and Lot No. 2 of the subdivision plan hereinafter referred to; thence by said Lot No. 2, North 34 degrees 16 minutes 02 seconds West, 110.62 feet to a set parker-kalon nail in the centerline of U.S. Route 11; thence by the centerline of said road, North 55 degrees 43 minutes 58 seconds East, 33.3 feet to an existing parker-kalon nail in the centerline of said road; thence continuing by the centerline of said road, North 58 degrees 43 minutes 58 seconds East, 346.62 feet to an existing parker- kalon hail in the centerline of said road at the place of beginning. CONTAINING 0.8397 acre, more or less, AND BEING DESIGNATED as Lot No. 1 on a subdivision plan prepared by John R. Kissinger, Surveying, dated March 20, 1991, for Sheldon Staver, a copy of which subdivision plan is recorded at Cumberland County Plan Book 63, Page 12. BEING the same real estate which Sheldon C. Staver and Mary N. Staver, his wife, by deed dated May 29, 1992, and recorded at Cumberland County Deed Book Volume 35-5, Page 7, conveyed to Robert L. McCurdy, Fr. and Helen M. McCurdy, his wife, Grantors herein. Brett A. Solomon, Esquire Michael C. Mazack, Esquire -7- WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-7426 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PNC BANK, NATIONAL ASSOCIATION, Plaintiff (s) From ROBERT L. MCCURDY, JR. AND HELEN M. MCCURDY (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $11,890.45 L.L. $.50 Interest FROM 11/06/07 THROUGH 5/5/08 AT $2.1898 PER DIEM - $398.54 Atty's Comm % Due Prothy $2.00 Atty Paid $179.32 Other Costs LATE CHARGES ($24.99/MO. FOR 3/08 TO 5/08) - $74..97 -- ATTORNEY'S FEES AND COSTS - $503.82 Plaintiff Paid Date: MARCH 4, 2008 (Seal) Curtis R. g, Prothono. By: Deputy REQUESTING PARTY: Name MICHAEL C. MAZACK, ESQUIRE Address: TUCKER ARENSBERG, P.C. 1500 ONE PPG PLACE PITTSBURGH, PA 15222 Attorney for: PLAINTIFF Telephone: 412-566-1212 Supreme Court ID No. 205742 i Real Estate Sale # 72 On March 12, 2008 the Sheriff levied upon the defendant's interest in the real property situated in Southampton Township, Cumberland County, PA Known and numbered as 1650 Ritner Highway, Shippensburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 12, 2008 Z S :8 b' 9 - 8VW BOO, By: Real Estat Sergeant bd "kI df?L 131d3HS 3H! U j , J? PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: May 2, May 9, and May 16, 2008 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. L' a Marie Coyne ditor SWORN TO AND SUBSCRIBED before me this 16 day of May, 2008 Notary NOTARIAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 REAL ZBTAT'E SALE NO. 72 Writ No. 2007-7426 Civil PNC Bank, National Association vs. Robert L. McCurdy, Jr. and Helen M. McCurdy Attys.: Brett A. Solomon Michael C. Mazack LEGAL DESCRIPTION OF REAL ESTATE ALL the following described real estate lying and being situate in Southampton Township, Cumber- land County, Pennsylvania, bounded and described as follows: BEGINNING at an existing parker- kalon nail in the centerline of U. S. Route 11 and corner common to the lot herein conveyed and lands now or formerly of Ressler's Walnut Bottom Farm; thence by said lands of Ressler's Walnut Bottom Farm, South 34 degrees 19 minutes 17 sec- onds East, 81.91 feet to an existing iron pin at lands now or formerly of Iola Gibble; thence by said lands of Gibble, South 51 degrees 24 minutes 49 seconds West, 381.09 feet to a set iron pin at a comer common to the lot herein conveyed and Lot No. 2 of the subdivision plan hereinafter referred to; thence by said Lot No. 2, North 34 degrees 16 minutes 02 seconds West, 110.62 feet to a set parker-kalon nail in the centerline of U. S. Route 11; thence by the centerline of said road, North 55 degrees 43 minutes 58 seconds East, 33.3 feet to an existing parker-kalon nail in the centerline of said road; thence continuing by the centerline of said road, North 58 degrees 43 minutes 58 seconds East, 346.62 feet to an existing parker- kalon hail in the centerline of said road at the place of beginning. CONTAINING 0.8397 acre, more or less, AND BEING DESIGNATED as Lot No. 1 on a subdivision plan prepared by John R. Kissinger, Surveying, dated March 20, 1991, for Sheldon Staver, a copy of which subdivision plan is recorded at Cumberland County Plan Book 63, Page 12. BEING the same real estate which Sheldon C. Staver and Mary N. Stay- er, his wife, by deed dated May 29, 1992, and recorded at Cumberland County Deed Book Volume 35-5, Page 7, conveyed to Robert L. Mc- Curdy, Fr. and Helen M. McCurdy, his wife, Grantors herein. 'The Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE the Patriot News Now you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 04/23/08 04/30/08 05/07/08 Sworn to and ?cr>ibedbefore me this 27 day of May, 2008 A.D. 61 Notary Pu c COMMONWEALTH OF PENNSYLVANIA Notarial Seal Chyrie L. Sheppard, Notary Public City Of Harrisburg, Dauphin County My Commission Expires May 29, 2010 Member, Pennsylvania Association of Notaries Real Estate Sale #72 Writ No. 2007-7426 Civil Tern PNC Bank, National Association VS Robert L. McCurdy, Jr, and Helen M. McCurdy Attorney: Brett A. Solomon DESCRIPTION ALL the following described real estate lying and being situate in Southampton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at an existing parker-kalon nail in the centerline of U.S. Route 11 and comer common to the lot herein conveyed and lands now or formerly of Ressler's Walnut Bottom Farm; thence by said lands of Ressler's Walnut Bottom Farm, South 34 degrees 19 minutes 17 seconds East, 81.91 feet to an existing iron pin at lands now or formerly of Iola Gibble; thence by said lands of Gibble, South 51 degrees 24 minutes 49 seconds West. 381.09 feet to a set iron pin at a comer common to the lot herein conveyed and Lot No. 2 of the subdivision plan hereinafter referred to; thence by said Lot No. 2, North 34 degrees 16 minutes 02 seconds West, 110.62 feet to a set parker-kalon nail in.the centerline of U.S. Route 11; thence by the centerline of said road, North 55 degrees 43 minutes 58 seconds East, 33.3 feet to an existing parker-kalon nail in the centerline of said road; thence continuing by the centerline of said road, North 58 degrees 43 minutes 58 seconds East, 346.62 feet to an existing parkerkalon hail in the centerline of said road at the place of beginning. CONTAINING 0,8397 acre, more or less, AND BEING DESIGNATED as Lot No. I on a subdivision plan prepared by John R. Kissinger, Surveying. dated March 20, 1991, for Sheldon Staver, a copy of which subdivision plan is recorded at Cumberland County Plan Book 63, Page 12. BEING the same real estate which Sheldon C. Staver and Mary N. Staver, his wife, by deed uated May 29, 1992, and recorded at Cumberland County Deed Book Volume 35-5, Page 7, conveyed to Robert L. McCurdy, Fr. and '.ielen M. McCurdy, his wife, Grantors herein.