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HomeMy WebLinkAbout10-2857 ?ti r ; u' v 4 Cull, V4 SUSQUEHANNA BANK, Successor to Farmers First Bank, Successor to Central Savings and Loan Association, Plaintiff v. MATTHEW S. TUCCI and SUANN M. TUCCI, Defendants : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : No. 2010 - 01857 CIVIL : Mortgage Foreclosure NOTICE TO DEFEND THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 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 AN 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, GO TO THE TELEPHONE OR THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET S CARLISLE, PA 17013 O 1-800-990-9108 -jAas.Ob P b ATT-Y 717-249-3166 CO 3515i e ag pus Sharon E. Myers, Esquire PA 32111 CGA Law Firm 135 North George Street York, PA 17404 717-848-4900 717-843-0939 (f) smyers@cgalaw.com SUSQUEHANNA BANK, Successor to Farmers First Bank, Successor to Central Savings and Loan Association, Plaintiff V. MATTHEW S. TUCCI and SUANN M. TUCCI, Defendants : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA No. 2010 - CIVIL Mortgage Foreclosure COMPLAINT IN MORTGAGE FORECLOSURE AND NOW, TO WIT, this 28th day of April 2010, comes Plaintiff, Susquehanna Bank, Successor to Farmers First Bank, Sucessor to Central Savings and Loan Association, by its attorneys, CGA Law Firm and files the within Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff, Susquehanna Bank, Successor to Farmers First Bank, Successor to Central Savings and Loan Association, is a Pennsylvania corporation organized and existing under the laws of the Commonwealth of Pennsylvania, having a mailing address of P. O. Box 639, Maugansville, Maryland 21767-0639. 2. The Defendants, Matthew S. Tucci and SuAnn M. Tucci, are adult individuals whose last known mailing address is 8 Megan Court, New Cumberland, Pennsylvania 17070. 3. At all relevant times, the Defendants have been the real owners of a tract or parcel of land with buildings and other improvements thereon located at 8 Megan Court, Borough of New Cumberland, New Cumberland, Cumberland County, Pennsylvania (the "Property"). The Property is more specifically described hereafter. 4. On or about April 20, 1987, in consideration of a loan of $98,400.00, made by Plaintiff to Defendants, which funds were received by Defendants, the Defendants, as Borrowers, executed and delivered to the Plaintiff, as Lender, a Note dated April 20, 1987, (the "Note"), in the principal amount of $98,400.00 (the "Principal"), and requiring the payment of interest on the Principal at a fixed rate of 8.75% per annum (the "Interest"). A true and correct copy of the Note is attached hereto as Exhibit "A" and incorporated herein. 2 5. The Note obligates the Defendants to pay to Plaintiff the Principal and Interest in monthly payments in the amount $774.12 each, (the "Payments"), on the 1St day of each month beginning December 1, 1987, until the Principal and Interest are paid in full. The Note has a maturity date of November 1, 2017. 6. The payment to Plaintiff by Defendants of, inter alia, the Payments due under the Note is secured by a Mortgage on the Property dated April 20, 1987, (the "Mortgage"), executed, conveyed and delivered by Defendants, as Mortgagors, to Plaintiff, as Mortgagee. A true and correct copy of the Mortgage is attached hereto as Exhibit "B" and incorporated herein. 7. The Mortgage was duly recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, on April 21, 1987 in Record Book 860, Page 984. 8. The Defendants have failed or refused to pay the Payments due and payable for April 1, 2007 through April 1, 2010, constituting defaults under the terms of the Mortgage. The Defendants also owe late fees. The total owed for Payments and late fees is $28,834.14. The Defendants have failed or refused to pay certain real estates taxes on the Property as follows: 2008 - $4,650.84 and 2009 - $4,275.63. Plaintiff has paid for an appraisal and property report in the amount of $60.00. Finally, Plaintiff has paid the force placed insurance in the amount of 8. OBLIGAyIION: OF ":.?,:SONS UNDER TIJS N07Y li more than one jvxst?; signs this Note, etch person is full) and person::ft} oNig: tcd in;,:,.p sl pnv?.,- rnzd_in UV: NUte, inrludiiiE tt:. pnmtiu to pay Ill' full amount owed.:.uy pcrlun who is if ,tuer:mi,tr, ?•oicn M :ndo?„o! this Note is also ob!ig,:tt d io do these things. Any person who takes over these obligation.,,, inducting fug thligauonc or o guare;or. surety or endor. r .,'tHF Note, is also o!iligated to keep ail of the promise,, made in !hi> ^?ote Iic Note ,,!Jcr male anforcc its rights uncle. this Dote against eack person individually or against call o' u; iogcih? t. ''hi,. mr,:m< that .:n, one of us mY.y be required to p6, all of the amounts owed under this Note. ,. P,?.It'l?RS l and any other permsti who has obligations under this Note waive the rights of pi esenunemt and noticc cif (IkIatno,. "Yresentmcm" means the right to require the Note Holder to demand payment of amounts du:. "Notice t f dishnr•.r" means the right to require the Notc Holder to givt notice to other persons that amounts due have not been , m:i. it). UN'IFORNI SECURED MOTE This Note isa uniform instrument with limited variations in some jurisdictions. fn addition ui the I,rota?O?S given m the Note Holder under this '.Vote, a Mortgage, Deed of Trust or Security Deed (the " Sccurit? Instrument"). . dated the same hate as this Note, protects the Note Bolder from possible losses which might result if 1 do rat keel, the p,orniscs which 1 make in this .'Vote. That Security Instrument describes how and under what conditions i mac he requires io make immediate payment in full of all amounts I owe under this Note. Some of those conditions arc dcscribcd as foliows. Transfer of the Property or 8 Beneficial Interest in Borrower. If all or any pan of the Yrriperik I'll any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold of iiansferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without "under notice or demand on Borrower. WITNESS THF. HAND(S) AND SFAUS) OF THE UNDERSIGNED. .. ........... ................. .. .. _._ ....(Seal) e„ j: / Matthew S. Tucci `ti'-=" _ ......r.. .................................... .....(Seal) $U?nn ItI?. 7'IICCl (iornavwr ............. ............................ ........ ...................... .................. ,...... ._ ........(Seal) •&urow , [Sign OrrRrnal Only] **Or the first day of the second month following the date of final disbursement under the construction mortcgacge whichever date first occurs. During construction, interest shall be computed from the date of each advance at the interest rate aforesaid; sair7 intcresl. payable monthly on the first day of each successive month. L: UNWORM Ct 1VE.NAN i. Borrower and Lender covenant and agree a5 f ollnws: 1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shah promptl : pa w her, due the )rincipal of and interest on the debt evidenced by the Note and any prepayment and late charges due under t hf• Now. Funds for Taxes and Insurance, Subject to applicable law or to a written wafvcr by Lcndcr. lir.trowcr sh, i f p..,< to L e:ndt•r un the day monthly payments are due under the Note, until the !Vote is paid ill full, ., sum ,uwA t, r,ne-twelfth of: (a) yearly ta>_es and assessments which may attain priorw over this Secw'io. instrunwiit; (hl ,cattle teaschold payments or erou;rd rents on the Property, it any; (c) yearly hazard insurance premiums and W';earl', mortgage insurance premiums, if any. "These items are called "escrow items " Lender map cstini i the I unds due r :, tM basis of current data and real, nable estimates of future escrow items. The Funds shall be held in an institution the deposits or accounts of which are insured or guaranteed by a Iciest In state agency (including Lender if Lender is such an institution). Lender shall apply the Funds i„ pay tiro escrow :._:us. I ender may not charge for holding and applying the Funds, analyzing the account or verifying the Cs?. t ow item,. r,nles? Lender pays Borrower interest on the Funds and applicable law permits Lender to male such a charge. R<umwet cut! Lender may agree in writing that interest shall be paid on the Funds. Unless an agreement is m:ui,? or appii,'J,lc kv requires interest to be paid, Lender shall not be required to pay Borrower any interest or eantings tnt the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds showing credits and debits uo the Fund, :,nd the purposes for which each dehtt to the Funds was made. The Funds are pledged as additional securih for the sums so ur,•d b• this Security Instrument. If the amount of the Funds held by Lender, together with the future monthly payments of funds payable I'rior u the due dates of the escrow items, shall exceed the amount required to pay the escrow items when clue. the excess shall h(,, nt Borrower's option, either promptly repaid to Borrower or credited to Borrower on monthly payments of Funds. If the amount of the Funds held by Lender is not sufficient to pay the escrow items when due, Borrower shall pay to i,t9lde:;" am amount necessary to make up the deficiency in one or more payments as required by Lender. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refw;d to Borrnwcl any Funds held by Lender. If under paragraph 19 the Property is sold or acquired by Lender. Lender shall apple, no later than immediately prior to the sale of the Property or its acquisition by Lender, any Funds held by Lender at the time of application as a credit against the sums secured by this Security Instrument. 3. Application of Payments. Unless applicable law provides otherwise, all payments rcceiced by Lender under paragraphs I arid 2 shall he applied: first. to late charges due under the Note; second, to prepayment charges due under t he Note; third, to amounts payable under paragraph 2; fourth, to interest due: and last. to principal due. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and Imposttions atirtbuiabic to tilt Property which may attain priority over this Security Instrument, and leasehold payments or ground rents. if any. Borrower shall pay these obligations in the manner provided in paragraph 2, or if not paid in that manner, Borrower shall pay them on time directly to the person owed payment. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph. If Borrower makes these payments directly, Borrower shall promptly furnish to i_.,mdc, receipts evidencing the payments. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: !a; agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien or forfeiture of any part of the Property: or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower notice identifying the lien Borrower shall satisfy the lien or take one or more of the actions set forth ahove within lC dsy, of the giving of notice. 5. Hazard Insurance, Borrower shall keep the improvements now existing or hereafter crested on the Properi insured against loss by fire, hazards included within the term "extended coverage and any other hazards for which Lender requires insurance:. This insurance shall be maintained in the amounts and for the periods that Lcndcr requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall riot he unreasonably withheld. All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to i ender all receipts of paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notu.e to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property damaged. if the restoration or repair is economically feasible and Lender's security is not lessened. if the restoration or repair is not economically feasible or Lender's security would he lessened. the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower If Borrower abandons the Property, or does not answer within .A days a notice from Lender that the insurance carrier has oftered to settle a claim, then Lender may collect the insurance proceeds, Lender may use the proceeds m repair or reaiurc the Propert'y'or to pay sums secured by this Security Instrument, whether or not then due. The .10-day period will begin when the notice is given. Unless Lender and Borrower otherwise agree in writing, any application of prcx eedz to principal shall not extend or postpone tine due date of the monthly payments referred to in paragraphs I and 2 or change the amount of the payments. (f under paragraph 19 the Property is acquired by Lender. Borrower's right to anv insurance policies and procec-ds resulting from damage to the Property prior to the acquisition shall pass to bender to the extent of the sums secured by this, S,•, urty Instrument immediately prior to the acquisition. 6. Preservation and Maintenance of Property; Leaseholds. Borrower Shall not destro}, damage or substantially change the Property, allow the Property to deteriorate or commit waste. If this Security Instrument is on a Iraseluoki, Borrower shall comply with the provisions of the lease, and if Borrower acquires fee title tithe Preper;c. the leasehold ,410 fee title shall not merge unless Lender agrees to the merger in writing. 7. Protection of I.ender'? Rights in the' Property; Mortgage Insurance. If Borrower faik ttl perforrn the cotenants and agreements contained in this Security Instrument, or there is a legal proceeding that ma) significant h i ficci Lender's rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or u, enforce law's or regulations), then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's tights in the Property bender's actions may include paying any sums secured by a lien which has pnorith c%er this Set uritc Instrument. appearing in court, paying reasonable attorneys' fees and entering on the Propene to make repcirs. Although Lender may take action tinder this paragraph 7, Lender does not have to do so Anv amounts disbursed b> Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender u- Borrower requesting payment. If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrumew borrower shall pay the premiums required to maintain the insurance in effect wail such time a, the requirement for the insurance terminal's in accordance with Borrower's and U:nder's written agreement or applicable law 8. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. I cadcr shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection witl any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, an: hcrcb-, assigned and shall be paid to I.ender. In the event of a total taking of the Property, the proceeds shall he applied to the sums ?.ecured by this Secuiii} Instrument, whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Properiv, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total amount of the sums seemed immedtatek before the taking, divided h} (b) the fair market value of the Property immediately before the taking. Any balance shall b:: paid to Borrower. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor ofi'crs to make an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given. Lender is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property br to the sums secured by this Security Instrument, whether or not then due. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs k and 2 or change the amount of such payments 10. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower of Borrower's successors in intersar Lender shall not be required to commence proceedings against any successor iu interest or refuse to extend unit for payment or otherwise modify amortization of the sums secured by this Security Instrument b) reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or reined-, shall not be a waiver of or preclude the exercise of any right or remedy. 11. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of lender and Borrower. subject to the provisions of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the stuns secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 12. Loan Charges. If the loan secured by this Security instrument is subject to a law which sets maximum loan charges, and that law is finally, interpreted so that the interest or other loan charges collected or to he collected in connection with the loan exceed the permitted limits, there (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal. the reduction will be treated as ii partial prepayment without any prepayment charge under the Note. 13. Legislation Affecting Lender's Rights. If enactment or expiration of applicable laws has the effect of rendering any provision of the Note or this Security Instrument unenforceable according to its terms, Lender, at its option, may require immediate payment in full of all sums secured by this Security Instrument and may invoke arty remedies permitted by paragraph V). If Lender exercises this option, Lender shall take the steps specified in the second paragraph of paragraph 17. 14. Notices. Any notice: to Borrower provided for in this Security Instrument shall be gi} cn by dehycring it or ht mailing it by first class mail unless applicable law requires use of another method. The notice shall he directed to the Property Address or any other address Borrower designates by notice to Lender. An-, notice to lender shall be given hv first class mail to Lender's address stated herein or any other address Lender designates by notice to Borrov. cr. Any notirr: provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given s prole ided in this paragraph. 15. Governing Law; Severability. This Security Instrument shall be governed by federal law' and the I.+w of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security instrument 'ir th.-? Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Lnsiniment or the Not, which can be given effect without the conflicting provision. To this end the provisions of this Security Instrurent :u,d the Note are declared to be severable. 16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Sccurit ti instrument. 17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or anv interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a naturai person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However. this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleration. Tlic notice shall pro, ids period of not less than 3Qdays from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period. Lender may inyol t an remedies permitted by this Security Instrument without further notice or demand on Borrow cr 18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall ha%c- thr right to has, enforcement of this Security Instrument discontinued at any time prior to the earlier of': (a) ' days for such <,the, pci iod a, applicable law map specify for reinstatement) before sale of the Property pursuant to anv fxtwcr of sate contained in this, Security Instrument; or (b) entry of a judgment enforcing this Security instrument. those conditions are that 19unoc+er- (a) pay; Lender all sums which then would be due under this Security Instrument and the Note had no arcclcratioo occurred; (b) cures any default of any other covenants or agreements; (e) paps all expenses incurred in enforcing thi,, Security instrunictit, including, but not limited to, reasonable attorneys' fees; and (d) takes such action :is Lcndc. nro, reasonably require to assure thar. the lien of this Security Instrument, Lender's rights in the Property and Bourtucci ,obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatcntent h Borrower, this Security Instrument and the obligations secured hereby shall remain fully effective as if no act elcr v)ii iiaf, occurred. However, this right to reinstate shall nct apply in the case of acceleration under paragraphs 1 i', 'I, ; ; - NON.UNtrott'„ Gn'L;ti,,,Ul s. Borrower and Lender further covenant and agree ac inliow 19. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration foilovint 11nr;nwer breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraphs 1 and 1? unless applicable law provides otherwise). Lender shall notify Borrower of, among other things: (a) the default; it,) the action required to cure the default; (c) when the default must be cured; and (d) that failure to cure the default as specified may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure, i f the default is not cured as specified, Lender at its option may require immediate payment in full of all sums secured h,• this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. I.endcr shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 19 including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by applicable IBM'. 20. Lender in Possession. Upon acceleration under paragraph 19 or abandonment of the Noperl4. I t;ii6:r lin person, by agent or by judicially appointed receiver) shall be entitled to enter upcm, iakt: possct:;ion of anti rnana?c 0.': Property and to collect the rents of the Property including those past due. Any rents collected by fender or the rercivcf shall he applied first to payment of the costs of management of the Property and collection of teut?, including, Inn nut limited to, receiver's fees, premiums on receiver's bonds and reasonable attorney:<' fv:s, :;nd ilii.n ?+ Oct ymn, hec;,+, rl h. ..its Security Instrument. :1 21, Release. Upon payment of all sums secured by this Security histrumeni, i.endar ;hat dixhanve Ihi,, Srcunn Instrument without charge to Borrower. Borrowershall pity any recordation costF. 22. Reinstatement Period. Borrower's time to reinstate provided in paragraph i8 shall er.tcr.d to nnc '?:nrr i) ,Ii t:? the commencement of bidding at a sheriff s sale or other sale pursuant to this Sceu ri t y I nst i u men! . 23. Purchase Money Mortgage. If any of the debt secured by this Security tustrumcm is lent to Borrov,:, to;?,:qwl title to the Property, this Security Instrument shall be a purchase money mortgage. 24. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered ,,, n Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. 25. Riders to this Security Instrument. If one or more riders are executed by Borrower an(i recorded loecther with this Security instrument, the covenants and agreements of each such rider shall be incorporated into and shall r.rnc wl and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this SccuniN Instrument. [Check applicable bon(es)] ? Adjustable Rate Rider ? Condominium Rider Family l:ici r 1 Graduated Payment Rider ? Planned Unit Development Rider Other(s) [specify] B,r SIGNING BELOW. Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any rider(s) exccuted by Borrower and recorded with it. ?tntssfs: t S, •Tuccl ........ .r„crnve: fiatthew I .......' .:.....:.:..............:....................................................(Sea l Sullrin M. Tucci C,)MMONWEAI.Tlit)FPeNNSti'LV:vatA. .........., Lancaster ............. ............. County sc.: Ur this, the .....'.Qth..... day of ........ A.P.r.i I ................. 198.x....., heforn me...... u.. N.otar, Pub1iC the Nndersignedo ic:er,personallyanpenred ...rZatthew S. Tuc, c i.,_an.c? SuAnn M. Tucci, husband and wife{ ,, irnown(omelorsrus,:(cioril', ......... provell) to be the perFOn s.... whose names are„ subscribed to the within instrument rind a,,!knowledl e•-l .... they, .. . executed the sari) u for the purposes hereineon tained. IN Wr1WF:SS WiwRF.o! . ' i+ereunto set m., hand and ofricial seal. My Commission expr PAV N. lil710L )P.. NOTARY PUBLIC CJIUA70t.E0i0 LAVVSiFCC.fUN Y MY C00 ;SiON EXPIVE".AUC . 1488 .. .::.>.. .... /....r....._ ... .. :...,,. Men!bu, Penn;yleania Association 0 Notaries ................... Not.ary..F???]?.1.?.G.. Title of Officer l ?cuut Rc+?eet. C;c+1?rnE?i; . i c?:rtify that the precise piece of buFiness of the vtithin named mortgagee is 325 Pennsvlvania 17512. ........ ......... fi1;r,ot a>ra? in the Office for Recording of Deeds in anp foz ......... i. .;... .... I ................... ........... in Mortgage Book .......' No Page ..? &c. Date ............ :..... .. Recorder ..... ,......... . ......... ......... .. ...... ... ALL that certain tract or parcel of land situate in the Borough of New Cumberland, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point in the easterly right-of-way line of Megan Court at the dividing line between the premises herein described and Lot No. 28 on the hereinafter mentioned plan of lots; thence along said right-of-way line of Megan Court north thirty-three (33) degrees thirty-nine (39) minutes twenty-three (23) seconds east a distance of sixteen and seventy seven one- hundredths (16.77) feet to a point; thence continuing along the same along the arc of a curve having a chord bearing of north fifty-seven (57) degrees forty-five (45) minutes four (04) seconds east and a radius of twenty-five (25) feet for an arc length of twenty-one and three one- hundredths (21.03) feet to a point; thence continuing along the same along the arc of a curve having a chord bearing of north forty-six (46) degrees twelve (12) minutes sixteen (16) seconds east and a radius of fifty (50) feet for an arc length of sixty-two and twenty-one one-hundredths (62.21) feet to a point; thence along the dividing line between the premises herein described and Lot No. 30 on the hereinafter mentioned plan of lots south seventy-nine (79) degrees twenty-six (26) minutes fourteen (14) seconds east a distance of one hundred twenty-four and fifty-five one- hundredths (124.55) feet to a point; thence along the line of lands now or formerly of Conrail along the arc of a curve having a chord bearing of south thirty-four (34) degrees twenty-four (24) minutes thirty-two (32) seconds east and a radius of nine thousand five hundred ninety-nine and thirty one-hundredths (9,599.30) feet for an arc length of fifty and eighty-one one-hundredths (50.81) feet to a point; thence along the dividing line between the premises herein described and Lot Nos. 26 and 27 on the hereinafter mentioned plan of lots south sixty (60) degrees thirty-one (31) minutes thirty-four (34) seconds west a distance of one hundred sixteen and fifty-nine one- hundredths (116.59) feet to a point; thence along the dividing line first above mentioned north sixty-four (64) degrees seventeen (17) minutes thirty-eight (38) seconds west a distance of one hundred thirty-one and twenty-six one-hundreds (131.26) feet to a point, the point and place of BEGINNING. BEING Lot No. 29 on the Plan of Westover Gardens, which plan is recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania in Plan Book 46, Page 126. CONTAINING 15,217.281 square feet. UNDER AND SUBJECT to all applicable restrictions, reservations, easements and rights-of-way or record including but not limited to a Declaration dated December 10, 1984 and recorded on December 10, 1984 in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania in Misc. Book Volume 301, Page 372 and the Amendment thereto dated August 19, 1985 and recorded on August 20, 1985 in the Office aforesaid in Misc. Book Volume 308, Page 372. ALSO UNDER AND SUBJECT to two sanitary sewer easements and a drainage easement. IT BEING the same premises which Homestead Service Corporation, a Pennsylvania corporation, by its Deed dated April 20, 1987, and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Record Book P-32, Page 616, granted and conveyed unto Matthew S. Tucci and SuAnn M. Tucci, his wife. EXHIBIT C Susquehanna Bank CERTIFIED MAIL 7009 2250 0000 9006 7539 Date: February 3, 2010 TO: Matthew S. Tucci 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 tl:e lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to 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 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The nante, address and phone number of Consumer Credit Counseling Agencies serving your Count, 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) 784-1869). 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 NOTIFICACIO'N EN ADJUNTO ES DE SUMA IMPORTANCIA, PUSS AFF,CTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE El, CONTENIDO DE ESTA NOTIFICACIO'N OBTENGA UNA TRADUCCIO'N INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS Al, NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRE'STAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECIIO A REDIMIR SU II I POTECA. 245959!-1 :EXIH B R HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCT. NO.: ORIGINAL LENDER: CURRENT LENDER/SERVICER: CONTACT PERSON: PHONE NUMBER: E-MAIL ADDRESS: Matthew S. Tucci and Suann M. 'I'uccl 8 Mean Court, New Cumberland, PA 17070 2502825170 Central Savings & Loan Associatio?t Susquehanna Bank Sharon 888-722-7270 Ext. 8122 Sharon. Steiner(c( )susquchanna.nct HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAYBE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SA VE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE. FUTURE MOR TGA GE PA YMENTS 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. TEMPORARYSTAY OF FORECLOSURE--Under the Act, you arc entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing). 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 If7THIN THIRTI=THREE (33) DAYS OF THE DATE OF THIS NOTICE. 11?'Y'OLI DO NOT .-IPPLY" FOR F,MF,,RGENC}' MORTGAGE ASSISTANCE, YO L' AI UST BRING POUR MORTCG11GE UP TO D.4TI.'. TILE PARTOF THIS NOTIC.'F, C'ALI,ED "1100 TO C'URE YOUR MORTGAGE DEFAULT", 1 PLAINS 110W TO BRING POUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES--If you meet with one of the consumer crc clit conrnseling agencies listed at the end of this notice, the lender Wray NOT take action against l,oufir thirty (30) dgvs of car the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the properh, is located are set forth at the end of this Notice. It is 01,11' necessan' to schccltde one face-to-face meeting. Advisevour lender inintediately of your intentions. IPPL1CATION 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 defirult). )''Ott have the right to apply for financial assistance front the Ilomeowncrs 1,ntergenc-v Mortgage Assistance Progrant. To do so, you must fill out, sign and filar a completed llotneowner's Emergency Assistance Program application with one of the designated consumer credit counseling agencies listed at the end Of this Notice. Onh, consumer credit counseling agencies have applications for the programs and they will assist volt in submitting a complete application to the Pennsylvania Housing Finance Agenev. To temporarih• stop the lender Ji om fling a foreclosure action, vour application MIST be forwarded to PIIF'A and received ?cithitr thirh, (30) dubs of vour face-to-face meeting with the counseling agency. YO t/ SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU IIA VE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DA TE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DA YS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED 1BOVF., IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE. " YOU IIA VF_ THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM .STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE KILL BE STOPPED. AGENCYACTION--Avatilablc ftnuls for emergenev mortgage assistance are very limited. They will he disbursed by the Agetuy under the eligibility' criteria established by the Act. The Pennsylvania Housing Firtunce Agency has sixty (60) days to make a decision after it receives Your application. During that tinte, no foreclosure proceedings will he pursued against you if .),Ott have met the time requirements set.forth above. You will he notiTed directly h17 the Pennsylvania Housing Finance Agency of its decision Ott tour application. NOTE: IF YOU ARE CURRENTL Y PROTECTED B Y THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS ANA TTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance) _'459591-1 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: S Megan Court, New Cumberland, PA 17070 IS SERIOUSI.Y IN DEFAULT because: A. YOU I IAVE NOT MADE MONTIILY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: April 1, 2007 thru February 1, 2010 Principal Amount Due: Interest Amount Due: Attorney Fees: Appraisal Fees: Title Search: Force Placed Insurance: bate Charges: S 12,677.40 S 14,351.52 $ 1,286.98 $ 275.00 $ 0.00 $ 998.00 . _ $0.00 $ 0.00 $ 185.76 "TOTAL AMOUNT PAST DUE: $ 29,774.66 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION: (Do not use if not applicable.) 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 S29,774.66, PLUS ANY MORTGAGE PAYMENTS AND LAZE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: Susquehanna Bank C/o Susquehanna Loan Center P.O. Box 639 Mau?,,ansvillc, MD 21767-0639 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of' this letter: (Do not use if not applicable.) 2-:;951) 1-1 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 filll 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--Thc mortgaged 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 that were actually incurred, up to $50.00. 1 iowevcr, if legal proceedings are started against you, you will have to pay all reasonable attorney's 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's fees. OTHER FENDER REMEDIES-The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. 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 Sheri ff'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 the 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 he approximately 4 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: -.-Susquehanna Bank _ Address: C/O Susquehanna Loan Center, P.O. Box 639, Mau ansville, MU 21767-0639 Phone Number: 888-722-7270 ext. 8122 _ Fax Number: 240-313-150 Contact Person: Sharon E-mail Address: Sharon.Steiner@asusquehanna.net ?451)91 - I EFFECT OF SHERIFF'S SALE--You should realize that a Sheriff's Sale will cnd your ownership of the mortgaged properly and your right to occupy it. If you continue to live in the property after- the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE--You may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. 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 TH IS DEBT. * TO HAVE TIIIS DEFAULT CURED BY ANY "THIRD PARTY ACTING ON POUR BEHALF. * TO HAVE TI IE MORTGAGE RESTORED TO THE SAME, POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT IIAVF TINS 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. (Rev.9/2008) CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY ATTACHED 2459591- 1 Q_ m to .. t 0 o .' 0 r? a 0 Ln R.1 ru o '... 1 , UNITED STATES Certific, RV M Pt3STAL SE ?? des e•+dence that mast has been presar!PA to U This Ctni jrjte of Matting Prov,sec anr! imerna!ro^al n,aa l/ This. forth may iM uscKl los ?w* " f / From: Susquehanna Bancshares,r?It ?. Attn: Collections p. O. Box 039 Maugarisvillc, N41) ? 1 '67/ -0639 =L It I PS Form -02-000.9065 38i f . AP0 2007 '530 PSN f ft Susquehanna Bank CERTIFIED :HAIL 7009 2250 0000 9006 7546 Date: Fehruarv 3, 2010 TO: Suann Nl. 'I'ucci 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 11OJ1EOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (IIEMAP) niay be able to help to save your home. This Notice explains how the program works. To see if HF_MAP can help, you must MEET WITHA CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DA YS 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 Counseling Agencies serving your County are listed at the end of this Notice. If you have airy 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 NOTIFICACIO'N EN ADJL?NTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE El. CONTENIDO DE ESTA NOTIFICACIO'N OBTENGA UNA TRADUCCIO'N INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MF.NCIONADO ARRIBA. PUEDF, SER ELEGIBLE PARA UN PRE'STAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL COAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A RF.DIMIR SU II I POTECA. IIOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACC'T'. NO.: ORIGINAL LENDER: C[`RRENT LENDER/SERVICER: CONTACT PERSON: Pff ONE NUMBER: E-MAIL ADDRESS: Matthew S. Tucci and Suann M. Tucci 8 Mean Court, New Cumberland, PA 17070 2502825170 Central Savings & Loan Association Susquehanna Bank Sharon 888-722-7270 Ext. 8122 Sharon.Steiner(a)susquehanna.net HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MA Y BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SA VE 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. TEMPORAR I' STA Y 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 (plus three (3) days for mailing). During that time you must arrange and attend a "face-to-face" meeting with one of the consumcr credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR 47THIN THIRTY-THREE (33) DAYS OF THE DATE OF THIS NOTICE. IF YOU DO NOT APPL Y FOR EMERGENCY MORTGAGE ASSISTANCE, YOt.' MUST BRING YOUR AIOR TGA (; UP TO DATE. THE PAR 7' OF TIIIS NOTICE CALLI;'D '7IO PI' 7'O ('(JRE }"OUR MORTG.4(;E D FA(JI.7, EXPLAINS HOW TO BRING YOUR MORTG'.4GE 1.1P TO DA TE. CO/VS1,"ML.'R CREDIT COUNSELING AGENCIES--1f t•ou meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender that, NOT tine action against yott f n- third- (30) dats after the elate of this meeting. The names, addresses and telc j)hottc numhcrs of (lesignated consumer credit counseling agencies.for the county in ii,hich 2-;5')591-1 thc propcrt;y is located ure set forth at the end of this Notice. It is ontr'nece.;S(11 yto schedule one ficce-to-jace meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE--Your mortgage is in clef cult for the reusons sel north later in this Notice (see following pages for specific information aboul the, nature of tour def ndt). ) ou have the right to apply for financial assistunce fr•onr the Ilonreowner's Emergency Alortgage Assistance Program. To do so,, you must fill out, sign and file a completed llomcotivner's Emergencv Assistance Program Application with ouc of the designated consumer credit counseling agencies listed tit the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will ussisi You in .submitting a complete application to the Penns Housing Finance Agency. To temporurilt' stop the lender front filing a foreclosure action, your application AIU,'T be forwarded to P11F.4 and received within thirty (30) days of your face-to-face meeting with the counseling ugenc.v. YOU SHOULD FILE A HEMAP A PPLICA TION AS SOON AS POSSIBLE. IF YOU HA 1111,-' .1 MEETING JYITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DA TE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DA IS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARIL Y PRE VENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORA R Y S TA Y OF FORECLOSURE. " YOU HA VE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EYENT'UALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENC'YACTIOA'--.9vailable firuls for emergency mortgage ussistance are verv limited. Thev will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsl,lvcuria Housing Finance Agency has sixty (60) days to make u decision after it receives Your application. During that time, no foreclosure proceedings will he pursued against you if You have met the time requirements set forth above. You will he notified directiv by the Pennsvivanui Ifousrng Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMA TION PURPOSES ONLYAND SHOULD NOT BE CONSIDERED AS ANA TTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply far Emergence 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: _8 Megan Court, New Cumberland, PA 17070 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the to] lowing amounts are now past due: April 1, 2007 thru February 1, 2010 Principal Amount Due: Interest Amount Due: Attorncy Fees: Appraisal Fees: Title Search: Force Placed Insurance $ 12,677.40 $14,351.52 _ $ 1,286.98 $ 275.00 $ 0.00 $-998.00 $ 0.00 It nnn Late Charges: 1? 16D. /() TOTAL AMOUNT PAST DUE: $ 29,774.66 H. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION: (Do not use if not applicable.) HOW TO CURD: T14E 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 $29,774.66, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: Susquehanna Bank C/o Susquehanna Loan Center P.O. Box 639 Maugansville, MD 21767-0639 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not use if not applicable.) 7aa');9t-I 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. It' (Lill payment ofthe 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 mortgaged 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 that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's 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's fees. OTHER LENDER REMEDIES--The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. 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 Sheri frs 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 the Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE--It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately 4 months from the date of this Notice. A notice of the actual date of the Sheri frs 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: Susquehanna Bank .Address: CIO Susquehanna Loan Center, P.O. Box 639, Maugansville. MI) 21767-0639 Phone Number: 888-722-7270 ext. 8122 Fax Number: 240-313-1563 Contact Person: Sharon F: Mail Address: 5haron.Stemer a- susquehanna.net M EFFECT OF SHERIFF'S SALE--You should realize that a Sheriffs Sale will end your ownership oi'thc mortgaged property and your right to occupy it. If you continue to live in the property after the Sheri ffs 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, provided that all the outstanding payments. charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements ofthe mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: * TO SELL'THE PROPERTY TO OBTAIN MONEY TO PAY OFF TILE MORTGAGI, DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF TI IIS DEBT. * TO HAVE; 'T'HIS 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.) ` TTO ASSERT TFIT 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 IIAVE TO SUCH ACTION BY THE LENDER. * TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. (Rev.9/2008) CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY ATTACHED .14591) 1-i Ln _ D C) 0 f 17-11 5(f; f5 . Ln ... ru iv Er I 1? till I (? ?' i C d? t C3 1 1 ?t L? t UNITEDSTATES Certificate Of POSTAL SERVICE Mailing .; This Certificate of W, #HV provide, evK*nce that mail has been ryexentoo t Thfb form may be used for domestK and intemational mvi T 1' for Ain I From' - - Susquehanna Bancshares, Ing. ?? Attn: Collections 1'. o. Box 639 y> Mauganstrille, MD 2170") -0631) _ tiY , - PS Form 3817, April 2007 PSN 7530-02-000-9065 HEMAP Consumer Credit Counseling Agencies Report last updated 112912010 8:59:47 AM CCCS of Western PA DAUPHIN County 4.'32 Peach Street Erie PA 16509 CCCS of Western PA 888.51' 2227 ext 2000 Linglestown Road 108 Harrisburg, PA 17102 888.511.2227 ext 888.5111227 108 888.511.2227 C..;r+ter for Family Services. Inc. Community Action Commission of Captral Region 213 Center Street 1514 Derry Street Mcacvdle, PA 16335 Harrisburg, PA 17104 8 14.337,8450 717.232.9757 Greater Eric Community Action Committee 18 truest 9TH Street f ne, PA 16501 8'4 ;59.4581 Slie+.ango Valley Urban League, inc. 601 Indiana Avenue Farrell. PA 16121 724.981.5310 St. Martin Center 1701 Parade Street Erie, PA 16503 8114 452.6113 CUMBERLAND County C(-CS of Western PA 2690 Linglestown Road Hamsburg, PA 17102 888.511.2227 868.511.2227 Community Action Commission of Captial Region 1514 Derry Street Harrisburg, PA 17104 7 7.232.9757 Maran,atha 43 Philadelphia Avenue Waynesboro, PA 17268 7' 7.762.3285 PA Interfaith Community Prograrns Inc 40 L High Street Gettysburg, PA 17325 7'T334.1518 FhFA 2' 1 North Front Street Harrisburg, PA 17110 777 780.3940 K3 342.2397 PHFA 211 North Front Street Harrisburg, PA 17110 717, 780.3940 800.342.2397 DELAWARE County Advocates for Financial Independence 202 East Hinkley Avenue Ridley Park, PA 19078 215.389.2810 American Credit Counseling Institute 175 Strafford Avenue Suite 1 Wayne, PA 19087 610.971.2210 888.212.6741 American Credit Counseling Institute 526-528 Dekalb Street Norristown, PA 19401 610.971.2210 888.212.6741 American Financial Counseling Services Inc. 1080 N. Delaware Avenue Suite 200 Philadelphia, PA 19125 287228.7903 800.490.3039 American Financial Counseling Services Inc. 405 West Germantown Pike Norristown, PA 19403 267.228.7903 800.490.3039 American Financial Counseling Services Inc. 175 Strafford Avenue Suite One Wayne, PA 19087 267.228-7903 800.490.3039 Page 8 of 21 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ~~~~tts, of ~tUl7kr~f~~~A ~~ c~~:Fi4G::c -~G _..~Ri€F Jody S Smith Chief Deputy Edward L Schorpp Solicitor 20(0 FiI~Y i 3 P~ 2~ ~0 Prl'~~~1~YL~'At~)iA Susquehanna Bank vs. Matthew S. Tucci (et al.) Case Number 2010-2857 SHERIFF'S RETURN OF SERVICE 05/11/2010 07:33 PM -Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on May 11, 2010 at 1929 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Matthew S. Tucci, by making known unto himself personally, at 8 Megan Court, New Cumberland, Cumberland County, Pennsylvania 17070 its contents and at the same time handing to him personally the said true and correct copy of the same. GE LD WORTHINGTON, PUTY 05/11!2010 07:33 PM -Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on May 11, 2010 at 1929 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: SuAnn M. Tucci, by making known unto herself personally, at 8 Megan Court, New Cumberland, Cumberland County, Pennsylvania 17070 its contents and at the same time handing to her personally the said true and correct copy of the same. GERALD WORTHINGT ,DEPUTY SHERIFF COST: $59.30 May 12, 2010 SO ANSWERS, E RON R ANDERSON, SHERIFF (cj GouritySuit~ 5herft. Tel2~so~t. Ir,C. ",F THE P":-;~~ a, '~M,'"TApY ZGiO JUI~ 14 Ian s~ 5~ ..,;. ,~r,; ~JyPLti'r~h11A t'Ga ai`v Sharon E. Myers, Esquire PA 32111 CGA Law Firm 135 North George Street York, FA 17404 717-848-4900 717-843-0939 (f) smyers@cgalaw.com SUSQUEHANNA BANK, Successor to Farmers First Bank, Successor to Central Savings and Loan Association, Plaintiff v. MATTHEW S. TUCCI and SUANN M. TUCCI, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2010 - 2857 CIVIL Mortgage Foreclosure CERTIFICATE OF SERVICE I hereby certify that on June 11, 2010 Notice of Praecipe to Enter Judgment by Default (a copy of which is attached hereto) was served upon the Defendants in the manner indicated below: FIRST-CLASS MAIL, POSTAGE PREPAID THEREON, ADDRESSED AS FOLLOWS: Matthew S. Tucci SuAnn M. Tucci 8 Megan Court 8 Megan Court New Cumberland, PA 17070 New Cumberland, PA 17070 CGA Law Firm ' r.-- By: Sharon E. yers, uire SUSQUEHANNA BANK, Successor to Farmers First Bank, Successor to Central Savings and Loan Association, Plaintiff v. MATTHEW S. TUCCI and SUANN M. TUCCI, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2010 -2857 CIVIL Mortgage Foreclosure NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT To: Matthew S. Tucci & SuAnn M. Tucci, Defendants 8 Megan Court New Cumberland, PA 17070 Date of Notice: June 11, 2010 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN 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 PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THI5 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. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 CGA Law Firm By: Sh n . M , Esqui a ~' r 135 North George Street ~~ York, PA 17401 Telephone: (717) 848-4900 Facsimile: (717) 843-9039 c Susquehanna Bank THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. i- ~ ~ ~a~o ~~,~ ~~ ~s~ i~: ~~ r'ri _ ~ ,_ ,~> Sharon E. Myers, Esquire PA 32111 CGA Law Firm 135 North George Street York, PA 17404 717-848-4900 717-843-0939 (f) smyers@cgalaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION SUSQUEHANNA BANK, Successor to Farmers CIVIL ACTION -LAW First Bank, Successor to Central Savings and Loan Association, Plaintiff v. No. 2010-2857 CIVIL MATTHEW S. TUCCI and SUANN M. TUCCI, Defendants PRAECIPE FOR JUDGMENT Enter judgment in favor of Plaintiff and against Defendants for failure to enter an appearance and/or file an Answer regarding the above-captioned action: (X) Assess damages as follows: Debt ....................................... $62,379.80 Interest through 6/25/10 .................$16,766.53 Late fees through 6/25/10 ...............$ 340.56 Force Place Insurance ....................$ 998.00 Appraisal fee & property report.........$ 60.00 Prior legal fees ............................$ 1,537.48 ~ I"~.00 PD p7'T`1 Partial Amortized Payment ............. $ (86.94) C1~ 3(013`1 ~~`,~yy X00 ~o~tC,e ~~Ou,~-c~ Docket costs .............................. $ Attorney's fees ............................$ 3,500.00 TOTAL .................................... $85,495.43 () I certify that the foregoing assessment of damages is for specified amounts alleged to be due in the complaint and is calculable as a sum certain from the complaint. () Pursuant to Pa.R.C.P. 237 (Notice of praecipe for final judgment or decree), I certify that a copy of this praecipe has been mailed to each other party who has appeared in the action or to his/her Attorney of Record. (X) Pursuant to Pa.R.C.P. 237.1, I certify that written notice of the intention to file this praecipe was mailed or delivered to the party against whom judgment is to be entered and to his/her Attorney of Record, if any, after the default occurred and at least ten days prior to the date of the filing of this praecipe and a copy of the notice is attached. // Date: June 28, 2010 Sharo .Myers, Esquire Attorney for Plaintiff NOW, p~~(,y ~ , 2010, JU MENT IS ENTERED AS ABOVE. Prothonotary/Cle ,Civil Division By: Deputy SUSQUEHANNA BANK, Successor to Farmers First Bank, Successor to Central Savings and Loan Association, Plaintiff v. MATTHEW S. TUCCI and SUANN M. TUCCI, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2010 -2857 CIVIL Mortgage Foreclosure NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT To: Matthew S. Tucci & SuAnn M. Tucci, Defendants 8 Megan Court New Cumberland, PA 17070 Date of Notice: June 11, 2010 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE 1N WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN 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 PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, 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. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 CGA Law Firm ~., By: 1 Sh n . M , Esqui e ~ 135 North George Street York, PA 17401 Telephone: (717) 848-4900 Facsimile: (717) 843-9039 c Susquehanna Bank THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 2010 J-~L -7 ~r a ICJ: 2~ SUSQUEHANNA BANK, Successor to Farmers IN THE COURT OF COMMON PLEAS First Bank, Successor to Central Savings and OF CUMBERLAND COUNTY Loan Association, :PENNSYLVANIA Plaintiff CIVIL ACTION -LAW v. No. 2010 - 2857 CIVIL MATTHEW S. TUCCI and SUANN M. TUCCI, Defendants Mortgage Foreclosure AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF YORK ss. The undersigned, being duly sworn according to law, deposes and says that to the best of her knowledge the Defendants are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940 as amended; that the Defendants are over eighteen (18) years of age; that the Defendants' last known address is 8 Megan Court, New Cumberland PA17070• and that Defendants are employed as follows: Matthew S. Tucci - ~~ ~'`~~p~ 1 rlrll ntr-:.n and SuAnn M. Tucci - I~Cxrestead 'T'ravel, Inc, , 7 W. N~.in Street, 13 mml Strx.,a, ~ PA 17(~~ CGA LAW FIRM By: Sworn and subscribed to before me this oZ9'~'~ day of June, 2010. Sharo~'E. NTyers,~e ~--~ PA 13211 135 North George Street, York, PA 17401 Tel: (717) 848-4900 ~~~ Notary Public COMMONWEALTH OF PENNSYLVANIA My commission expires: Notarial seal Barbara J. Rosa, Notary Public City of York, York County My Commission Expires Fab. 17, 2012 Member, Pennsylvania Association of Notaries IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION SUSQUEHANNA BANK, Successor to Farmers CIVIL ACTION -LAW First Bank, Successor to Central Savings and Loan Association, , Plaintiff v. MATTHEW S. TUCCI and SUANN M. TUCCI, Defendants No. 2010 - 2857 CIVIL NOTICE OF FILING JUDGMENT (X) Notice is hereby given that a Judgment in the above-captioned matter has been entered against you in the amount of $85,495.43 plus costs on p~,~~,~, ''(~' , 2010 . (X) A copy of all documents filed with the Prothonotary in support of the within judgment is/are enclosed. J Prothonotary Civil Div. by: If you have any questions regarding this Notice, please contact the filing party: NAME: Sharon E. Myers, Esquire ADDRESS: 135 North George Street York, PA 17401 TELEPHONE NO: (717) 848-4900 (This Notice is given in accordance with Pa. R.C.P. 236.) NOTICE SENT TO: NAME Matthew S. Tucci SuAnn M. Tucci 8 Megan Court 8 Megan Court New Cumberland, PA 17070 New Cumberland, PA 17070 VERIFICATION OF NON-MILITARY SERVICE The undersigned, as the representative for the Plaintiff corporation within named do hereby verify that I am authorized to make this verification on behalf of the Plaintiff corporation and that the facts set forth in the foregoing verification of Non-Military Service are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. L That the above named Defendant, ALETA A SPANGLER, is about unknown years of age, that Defendant's last known residence is 26 E Simpson Street Mechanicsburg, PA 17055, and is engaged in the unknown business located at unknown address. 2. That Defendant is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Action of Congress of 1940 and its Amendments. ~- - ~~~ Datc: TINAMARIE BOSCHETTI VERIFICATION OFNON-MILITARY SERVICE The undersigned, as the representative for the Plaintiff corporation within named do hereby verify that I am authorized to make this verification on behalf of the Plaintiff corporation and that the facts set forth in the foregoing verification of Non-Military Service are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. 1. That the above named Defendant, ROBERT F SPANGLER JR, is about unknown years of age, that Defendant's last known residence is 26 E Simpson Street Mechanicsburg, PA 17055, and is engaged in the unknown business located at unknown address. 2. That Defendant is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Action of Congress of 1940 and its Amendments. Date: /~~ ^ TINAMARIE B CHETTI