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HomeMy WebLinkAbout10-3600RICHARD F. STERN, ESQUIRE (03315) STEVEN K. EISENBERG, ESQUIRE (75736) KEVIN P. DISKIN, ESQUIRE (86727) STERN AND EISENBERG, LLP THE PAVILION 261 OLD YORK ROAD, SUITE 410 JENKINTOWN, PENNSYLVANIA 19046 TELEPHONE: (215) 572-8111 FACSIMILE: (215) 572-5025 (COUNSEL FOR PLAINTIFF) RLED- ' --"l0 OF THE PROTI ;?-IZTARY t? 2010 JUG -I PM J" 16 O,flutBERL 0 COLMY ps*zu" IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Household Finance Consumer Discount Company 2929 Walden Avenue Depew, NY 14043 v. John R. Hurley and Nancy M. Hurley 12 Chestnut Street Newville, PA 17241 Defendant(s) c Civil Action Number: 6 , 3 6,06 COMPLAINT IN MORTGAGE FORECLOSURE CIVIL ACTION - MORTGAGE FORECLOSURE This is an attempt to collect a debt and any information obtained will be used for that purpose. NOTICE You have been sued in Court. If you wish to defend the claims set forth in the following pages, you must take action within twenty (20) days after this Civil Action and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defense 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 Civil Action or for any other claim or relief requested by the plaintiff. You may lose money or property of other rights important to you. 9.'2- OU ® A a ? 44 &IL111 \\Server5\office documUess\Complaints\Cumberland\Hurley, John.doc /2- t4-- .4 --q6 8 YOU SHOULD TAKE THIS PAPER TO A 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 HELP. 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 800-990-9108 717-249-3166 \\Server5\office documUess\Complaints\Cumberland\Hurley, John.doc RICHARD F. STERN, ESQUIRE (03315) STEVEN K. EISENBERG, ESQUIRE (75736) KEVIN P. DISKIN, ESQUIRE (86727) STERN AND EISENBERG, LLP THE PAVILION 261 OLD YORK ROAD, SUITE 410 JENKINTOWN, PENNSYLVANIA 19046 TELEPHONE: (215) 572-8111 FACSIMILE: (215) 572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Household Finance Consumer Discount Company 2929 Walden Avenue Depew, NY 14043 V. John R. Hurley and Nancy M. Hurley 12 Chestnut Street Newville, PA 17241 Defendant(s) Civil Action Number: 1,6. 3606 c" ; i COMPLAINT IN MORTGAGE FORECLOSURE CIVIL ACTION - MORTGAGE FORECLOSURE NOTICE This is an attempt to collect a debt and any information obtained will be used for that purpose. 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 judp-ment may be entered against you AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo 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 entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado aue si usted no se \\Server5\office documUess\Complaints\Cumberland\Hurley, John.doc 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 A 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 HELP. 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. detiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades a otros derechos importantes para usted. Lleva esta demanda a un abogado inmediatamente. Si no tiene abogado o si no tiene el dinero suficiente de pagar tal servicio, vaya en persona o flame por telefono a la oficina cuya direccion se encuentra escrita abajo para averiguar donde se puede conseguir asistencia legal. Lawyer Referral and Information Service (Asociacion de Licenciados Servicio de Referencia e Informacion Legal) Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 800-990-9108 717-249-3166 \\Server5\office docum\Tess\Complaints\Cumberland\Hurley, John.doc NOTICE PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. §1692 ET SEQ., YOU MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF YOU DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE YOU WITH WRITTEN VERIFICATION OF THE DEBT, AS WELL AS THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM THE CURRENT CREDITOR. OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. IF YOU DO NOT DISPUTE THE DEBT, IT IS NOT AN ADMISSION OF LIABILITY BY YOU. IF YOU NOTIFY US IN WRITING WITHIN THE THIRTY (30) DAY PERIOD, WE WILL CEASE COLLECTION OF THIS DEBT, OR ANY DISPUTED PORTION OF IT, UNTIL WE HAVE OBTAINED THE REQUIRED INFORMATION AND MAILED IT TO YOU. ONCE WE HAVE MAILED YOU THE REQUIRED INFORMATION, WE WILL CONTINUE THE COLLECTION OF THIS DEBT. THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR. THIS ACTION IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. \\Server5\office documVess\Complaints\Cumberland\Hurley, John.doc RICHARD F. STERN, ESQUIRE (03315) STEVEN K. EISENBERG, ESQUIRE (75736) KEVIN P. DISKIN, EsQuiRE (86727) STERN AND EISENBERG, LLP THE PAVILION 261 OLD YORK ROAD, SUITE 410 JENKINTOWN, PENNSYLVANIA 19046 TELEPHONE: (215) 572-8111 FACSIMILE: (215) 572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Household Finance Consumer Discount Company 2929 Walden Avenue Depew, NY 14043 V. John R. Hurley and Nancy M. Hurley 12 Chestnut Street Newville, PA 17241 Defendant(s) Civil Action Number: COMPLAINT IN MORTGAGE FORECLOSURE COMPLAINT CIVIL ACTION - MORTGAGE FORECLOSURE Plaintiff is Household Finance Consumer Discount Company (hereinafter referred to as "Household Finance") with offices located at 2929 Walden Avenue, Depew, NY 14043. 2. Defendant(s) are John R. Hurley and Nancy M. Hurley, adult individuals with a last- known address of 12 Chestnut Street, Newville, PA 17241. 3. Under date of 06/03/1998, defendants executed and delivered to Household Finance Consumer Discount Company a mortgage upon the property 12 Chestnut Street, Newville, PA (the "Property")to secure the payment of the sum of $76,218.87. The said mortgage is recorded in the Office for the Recording of Deeds in and for Cumberland County on 06/08/1998 at Bk. 1459, P. 271 and is incorporated herein by reference as though set forth at length herein. A copy of the legal description of the Property is attached hereto and made a part hereof as Exhibit "A". \\Server5\office documUess\Complaints\Cumberland\Hurley, John.doc 4. Said Defendant(s) are the real owners of Property 12 Chestnut Street, Newville, PA 17241 5. In accordance with Act 91 of 1983, as amended, a combined notice providing the information required by §403 of Act No. 6 of 1974, and Act 91, aforesaid, was sent to the defendants and no response was made in the appropriate period of time. A true and correct copy of the aforesaid notice is attached hereto and made a part hereof as Exhibit «B", 6. The said loan is in default as a result of the failure to pay the monthly installments of $721.59 due on October 3, 2009 and on the same day of each month thereafter. 7. The following is due on the loan: PRINCIPAL BALANCE ....................................................... $67,103.52 INTEREST accrued thru 05/17/2010 of ............................... $17,464.85 Interest after 05/17/2010 shall accrue at the per diem rate of $18.19.) COSTS ................................................................................... $300.00 ATTORNEY'S FEE .............................................................. $3,300.00 TOTAL .................................................................................. $88,168.37 The attorney fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the mortgage is reinstated prior to Sale, reasonable attorney fees will be charged based on work actually performed. WHEREFORE, Plaintiff, Household Finance requests this Court to enter judgment for foreclosure of the mortgaged property for the sum of $67,103.52 plus interest thereon of $17,464.85 plus $18.19 per day from 05/17/2010 until judgment is paid in full, costs of $300.00, attorney's fees of $3,300.00 and all other amounts set forth above, less any suspense as set forth above, together with record costs and any other amounts to which Plaintiff is entitled to recover. STERN AND EI NBERG LLP BY: ARD F. STERN, ESQUIRE STEVEN K. EISENBERG, ESQUIRE KEVIN P. DISKIN, ESQUIRE Attorney for Plaintiff \\Server5\office docum\Tess\Complaints\Cumberland\Hurley, John.doc VERIFICATION Ct r1 cQAOi1.P_?x- is the of Household Finance Consumer Discount Company and is authorized to sign this Verification on behalf of same, and states that he/she verifies the foregoing Civil Action-Mortgage Foreclosure against John R. Hurley and Nancy M. Hurley and avers the statements of fact therein contained are made subject to the penalties of 18 PA C.S. §4904 relating to the unswom falsification to authorities, and that same are true upon the signer's personal knowledge or information and belief. =Qa? L2?_ DATE: Loan #71330300966905 \\5erver5\office documVess\Complaints\Cumberland\Hurley, John.doc ALL THAT CERTAIN tract of land lying and being in the Borough of Newville, County of Cumberland, Commonwealth of Pennsylvania, being more particularly described according to survey of Larry Vern Neidlinger, Professional Engineer, dated October 9, 1974, to wit: BEGINNING at a point at the intersection of the southern line of Chestnut Street with the western line of a 16 feet wide alley; thence along the western line of said 16 feet wide alley, South 19 degrees 30 minutes East, a distance of 140 feet to a point at the intersection of said western line of a 16 feet wide alley with the northern line of a second 16 feet wide alley; thence along said second 16 feet wide alley, South 70 degrees 30 minutes West a distance of 40 feet to a point at corner of land now or formerly of Kenneth Shearer; thence along the eastern line of said land now or formerly of Kenneth Shearer, North 19 degrees 30 minutes West a distance of 140 feet to a point on the southern line of Chestnut Street; thence along the southern line of Chestnut, North 70 degrees 30 minutes East, a distance of 40 feet to a point, the place of BEGINNING. HAVING thereon erected a two-story frame dwelling house and other improvements, known as and numbered 12 Chestnut Street and being all of Lot No. 39 in Ahl's Addition to the Borough of Newville. BEING the same premises which Clyde P. Menges and Helen I. Menges, husband and wife, by Deed dated April 6, 1989 and recorded April 6, 1989 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book W33 Page 596, granted and conveyed unto John R. Hurley and Nancy M. Hurley, husband and wife, in fee. STERN AND EISENBERG, LLP 410 THE PAVILION 261 OLD YORK ROAD JENKINTOWN, PA 19046 (215) 572-8111 Date: April 12, 2010 COMBINED NOTICE UNDER ACT 6 and ACT 91 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 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 THIRTY-THREE (33) 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 Counseling 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(S): John R. Hurley and Nancy M. Hurley PROPERTY ADDRESS: 12 Chestnut Street, Newville, PA. MAILING ADDRESS: 12 Chestnut Street, Newville, PA 17241 LOAN ACCT. NO.: 71330300966905 ORIGINAL LENDER: Household Finance Consumer Discount Company CURRENT LENDER/SERVICER: Household Finance Consumer Discount Company 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 (plus three (3) days for mailing) 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 (33) 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. J:)Diane\ACTS\HSBC-HURLEY CUMBERLAND 4-10.doc 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 Assistance Program Application with one of the designated consumer credit 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 SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE". YOU HAVE 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 WILL BE STOPPED. AGENCYACTION -- 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: 12 Chestnut Street, Newville, PA. IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: J:\Diane\ACTS\HSBC-HURLEY CUMBERLAND 4-10.doc Monthly payments of $721.59 due on October 3, 2009 through and including April 12, 2010, in the amount of ...........................$5051.13 Other charges (explain/itemize): Late charges: ........................................................................... $0 Fees billed ..............................................................................$0 Other charges (explain) .......................................................... $0 TOTAL AMOUNT PAST DUE: .............. ....... $5051.13 B. Reserved for items other than amounts set forth in A. above. HOW TO CURE THE DEFAULT --You may cure the default within THIRTY-THREE (33) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $5,051.13, PLUS ANY MORTGAGE PAYMENTS AND LATE CIIARGES 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: Stern & Eisenberg, LLP The Pavilion 261 Old York Rd., Suite 410 Jenkintown, PA 19046 215-572-8111 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 riF_hts 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 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) DAYS 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 Sheriffs Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, J:\Diane\ACTS\ -1SBC-HURLEY CUMBERLAND 4-10.doc 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 Sheriffs Sale of the mortgaged property could be held would be approximately four (4) to six (6) months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Household Finance Consumer Discount Company Address: 2929 Walden Avenue Depew, NY 14043 Phone Number: 1-800-333-5848 x 3888 Contact Person: Performing Collections Dept./Loss Mitigation Department EFFECT OF SHERIFF'S SALE -- You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE -- You may or X may not (CHECK ONE) 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 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.) JADiane\ACTS\HSBC-HURLEY CUMBERLAND 4-10.doc 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. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY (See Attached Page) Sincerely, STERN/& EISENBERG BY: & Eisenberg, LLP VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED AND REGULAR MAIL JADiane\P,CTS\HSBC-HURLEY CUMBERLAND 4-10.doc NOTICE PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. You may dispute the validity of the debt or any portion thereof. If you do so in writing within thirty (30) days of receipt of this letter, this firm will obtain and provide you with written verification thereof; otherwise, the debt will be assumed to be valid. Likewise, if requested within thirty (30) days of receipt of this letter, this firm will send you the name and address of the original creditor if different from above. J:\Dianc\ACTS\HSBC-HURLEY CUMBERLAND 410.doc CUMBERLAND COUNTY Adams County Interfaith Housing Authority 40 E High Street Gettysburg, PA 17325 (717) 334-1518 CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 888-511-2227 Community Action Commission of Captial Region 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 Loveship, Inc. 2320 North 5th Street Harrisburg, PA 17110 (717) 232-2207 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 (717) 762-3285 PHFA 211 North Front Street Harrisburg, PA 17110 800-342-2397 J:\Diane\ACTS\HSBC-HURLEY CUMBERLAND 4-10.doc _. ~ RICHARD F. STERN, ESQUIRE (03315) STEVEN K. EISENBERG, ESQUIRE (75736) KEVIN P. DISxIN, ESQUIRE (86727) STERN AND EISENBERG, LLP THE PAVILION 261 OLD YORK ROAD, SurrE 410 JENKINTOWN, PENNSYLVANIA 19046 TELEPHONE: (215) 572-8111 FACSIMILE: (215) 572-5025 (COUNSEL FOR PLAINTIFF) FEL~G~-~:3t~;-~uF ')~' Tic Pi `_`,,., .~lt~~i~`1 2010 ~U~ -9 °~ 1 ~ Sal VtJ[Y'~~.i~s~...<1'rl.j 1a~~1JV11 ~ENNSYLI,~AN1~~ IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Household Finance Consumer Discount Company v. John R. Hurley Nancy M. Hurley Civil Number: 10-3600 Defendant(s) COMPLAINT IN MORTGAGE FORECLOSURE Preciue to Substitute Verification Kindly substitute the verification for the complaint which was filed on June 1, 2010 with the attached Verification. ~ STERN & By: STEV K. EISENBERG Atto ev for Plaintiff ~ ~ ~ • VERIFICATION CX. r i c:..Q-. Ct~l2 is the ~J jC ~-`~Y'~S c ~~-n'~ of Household Finance Consumer Discount Company and is authorized to sign this Verification on behalf of same, and states that he/she verifies the foregoing Civil Action-Mortgage Foreclosure against John R. Hurley and Nancy M. Hurley and avers the statements of fact therein contained are made subject to the penalties of 18 PA C.S. §4904 relating to the unsworn falsification to authorities, and that same are true upon the signer's personal lrnowledge or information and belief. 4~ DATE: ~ ~~ ~ ~ ~ Loan #71330300966905 \4Server5\office documUess\Complairrts\Cumberland\Hurley, 7obn.doc RICHARD F. STERN, ESQUIRE STEVEN K. EISENBERG, ESQUIRE KEVIN P. DISKIN, ESQUIRE STERN AND EISENBERG LLP THE PAVILION 261 OLD YORK ROAD, SUITE 410 JENKINTOWN, PENNSYLVANIA 19046 TELEPHONE: (215) 572-8111 FACSIMII.E: (215) 572-5025 (COUNSEL FOR PLAINTIFF) n ~'a n, Z~~O Jig. LL ~ ~• ~v JUL 22 Pwt 2 ~ 05 i ~ ,, r~... _ ~~ IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Household Finance Consumer Discount Company v. John R. Hurley and Nancy M. Hurley Defendant(s) Civil Action Number: 10-3600 MORTGAGE FORECLOSURE PRAECIPE FOR ENTRY OF JUDGMENT AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Enter judgment in favor of Plaintiff and against Defendant(s), John R. Hurley and Nancy M. Hurley, for failure of said Defendant(s) to file a responsive pleading to the Complaint within twenty (20) days of service thereof. PRINCIPAL BALANCE .......................................................$67,103.52 INTEREST accrued thru 05/17/2010 of ...............................$17,464.85 Interest after 05/17/2010 shall accrue at the per diem rate of $18.19.) COSTS ...................................................................................300.00 ATTORNEY'S FEE ..............................................................$3,300.00 Sub-Total Through Date of Complaint ............................$88,168.37 ACCRUED INTEREST after 05/17/2010 shall accrue at the per diem rate of $18.19 to July 20, 2010 ...............................................$1,164.16 TOTAL DUE THROUGH DATE OF REQUEST J:\Supriya\Sales\Cumberland\HSBC. Hurley.07.10. doc Pd . ~I y Uo S~iy~r ~UC'~ ~~/S~[Pl.~ ti~~ Y~a~ ~, R FOR JUDGMENT .................................................................$89,332.53 STERN AND EISENBERG LLP BY: RIC STERN, ESQUIRE S EN K. EISENBERG, ESQUIRE KEVIN P. DISKIN, ESQUIRE Date: July 20, 2010 Attorney for Plaintiff J:\Supriya\Sales\Cumberland\HSBC.Hurley.07.10. doc RICHARD F. STERN, ESQUIRE STEVEN K. EISENBERG, ESQUII2E KEVIN P. DISI{IAI, ESQUIRE STERN AND EISENBERG LLP THE PAVII,ION 261 OLD YORK ROAD, SUrrE 410 JENKIN'fOWN, PENNSYLVANIA 19046 TELEPHONE: (215) 572-8111 FACSIMILE: (215) 572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Household Finance Consumer Discount Company Civil Action: 10-3600 v. John R. Hurley and Nancy M. Hurley Defendant(s) MORTGAGE FORECLOSURE AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA: SS COUNTY OF MONTGOMERY I, the undersigned, being duly sworn according to law, deposes and says, to the best of his knowledge, information and belief, Defendants' Last-known address is 12 Chestnut Street, Newville, PA 17241 2. Is over the age of twenty-one. 3. Is not now nor has been within the last six (6) months in the Armed Services of the United States as defined in the Soldiers' Civil Relief Act of 1940, as amended. ~,~;lw.... -'r ,,,:. ti v; ~:_rta. t f'4 6}P r i_"' ~ - °~°'1~'1, ir:.~_..~.:_~. ~~QTARIAl. ~~AL DIANE J. i URANC?. Notary Public Jenkintown Poro., Meatggornery County ~,i t~t~mrrllt~r~b9n ~xpf{~°~ O~rober 31 ~ 2010 STERN EISENBERG LLP BY: S EVEN K. EISENBERG RICHARD F. STERN KEVIN P. DISKIN Attorney for Plaintiff Sworn told subsc~ed before me thi~ Day of ...~ t , 2010. Notary Public J:\SupriyalSales\Cumberland\IISBC. Huriey.07.10. doc RICHARD F. STERN, ESQUIRE STEVEN K. EISENBERG, ESQUIIZE KEVIN P. DISKIN, ESQUIRE STERN AND EISENBERG LLP THE PAVILION 261 OLD YORx ROAD, SurrE 410 JENKINTOWN, PENNSYLVANIA 19046 TELEPHONE: (215) 572-8111 FACSIMILE: (215) 572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Household Finance Consumer Discount Company v. John R. Hurley and Nancy M. Hurley Civil Action: 10-3600 Defendant(s) MORTGAGE FORECLOSURE CERTIFICATION UNDER RULE 237.1 I, the undersigned attorney on the writ and attorney for Plaintiff, hereby certify that a ten- day notice of intention to enter judgment by default was sent to Defendants in accordance with Pa. R.C.P. No. 237.1., a true and correct copy of which is attached hereto. STERNA EISENBERG LLP BY: S VE ISENBERG RICHARD F. STERN KEVIN P. DISKIN Attorney for Plaintiff J:\Supriya\Sales\Cumberland\IISBC. Hurley.07.10. doc r STERN AND EISENBERG LLP THE PAVILION 261 OLD YORx ROAD, SUITE 410 JENKINTOWN, PENNSYLVANIA 19046 TELEPHONE: (215) 572-8111 FACSIMILE: (215) 572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA CUMBERLAND COUNTY Household Finance Consumer Discount Company (Plaintiff) Docket #: 10-3600 v. John R. Hurley and Nancy M. Hurley TEN DAY NOTICE efendant s NOTICE PURSUANT TO Pa.RC.P. 237.1 TO: John R. Hurley and Nancy M. Hurley 12 Chestnut Street Newville, PA 17241 Date of Notice: Friday, July 2, 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 (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 IlVIPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: 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 800-990-9108 717-249-3166 By: STERN & SENBERG, LLP f. ;•' ~ . 1 _ '. ~~:- ~~ _ , f' Attorney for Plaintiff J:Uess\10 Day Letters\Cumberland\Hurley, John.doc RICHARD F. STERN, ESQUIRE STEVEN K. EISENBERG, ESQUIItE KEVIN P. DISKIN, ESQUIItE STERN AND EISENBERG LLP THE PAVn,ION 261 OLD YORK ROAD, SurrE 410 JENKINTOWN, PENNSYLVANIA 19046 TELEPHONE: (215) 572-8111 FACSIMII,E: (215) 572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Household Finance Consumer Discount Company v. John R. Hurley and Nancy M. Hurley Defendant(s) Civil Action: 10-3600 MORTGAGE FORECLOSURE CERTIFICATE UNDER ACT 91 OF 1983 It is hereby certified that the Sheriffs Sale scheduled in the above-captioned matter is not protected under the Homeowner's Emergency Assistance And Mortgage Foreclosure Act, P.L. 1688, No. 621 because notice, as required, was sent to Defendants and no timely response was made. STERN D EISENBERG LLP BY: EVEN K. EISENBERG RICHARD F. STERN KEVIN P. DISKIN Attorney for Plaintiff J:\Supriya\Sales\Cumberland\HSBC. Hurley.07.10. doc RICHARD F. STERN, ESQUIIZE STEVEN K. EISENBERG, ESQUIItE KEVIN P. DI$KIN, ESQUIRE STERN AND EISENBERG LLP THE PAVILION 261 OLD YORK ROAD, Su1TE 410 JENKINTOWN, PENNSYLVANIA 19046 TELEPHONE: (215) 572-8111 FACSIMILE: (215) 572-5025 (COUNSEL FOR PLAIN'CIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Household Finance Consumer Discount Company v. John R. Hurley and Nancy M. Hurley Defendant(s) Civil Action: 10-3600 MORTGAGE FORECLOSURE CERTIFICATION OF ADDRESS It is hereby certified that the last known addresses of the parties are as follows: Household Finance 2929 Walden Avenue Depew, NY 14043 (Plaintiff J John R. Hurley and Nancy M. Hurley 12 Chestnut Street Newville, PA 17241 (Defendant(s)) STERN AND EISENBERG LLP TEVEN K. EISENBERG RICHARD F. STERN KEVIN P. DISKIN Attorney for Plaintiff J:\Supriya\Sales\Cumberland\HSBC.Hurley.07. l0.doc r i ! • v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION ^ Confessed Judgment Household Finance Consumer Discount Company Plaintiff ^,/ Other VS. File No. 10-3600 CIVIL TERM John R. Hurley and Nancy M. Hurley Defendant Address: Attorney for: Amount Due $89,332.53 Interestfrom 7/21/2010 at the per diem rate of 18.19 until judgment is paid in full Atty's Comm Costs TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriffof CUMBERLAND County, for debt, interest and costs, upon the following described property of the defendant (s) 12 Chestnut Street, Newville, PA 17241 PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriffof CUMBERLAND County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). ^.~ (Indicate) Index this writ against the garnishee (s) as a lis pendens ag ' st real estate of the defendant(s) described in the attached exhibit. Date 07/20/2010 Signature: Print Name: even K. Eisenberg Address: 261 Old York Road, The Pavilion Suite 410 Telephone: Jenkintown, PA 19046 Plaintiff (215) 572-8111 Supreme Court ]D No: 75736 j em 2••.0_5 1. i,^ ..~~'):' ~~ ~~~ ~~ '~~y~ ~ 9a~~a ~` i~/ ~ ao '~ a~ sd ~~ ,. '~ ~ s'o Q~ L G ~ ~~~~~ ~~ ~~~Ur~ WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-3600 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY Plaintiff (s) From JOHN R. HURLEY AND NANCY M. HURLEY (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 $89,332.53 L.L.$.50 Interest from 7/21/2010 at the per diem rate of $18.19 until judgment is paid in full Atty's Comm % Due Prothy $2.00 Atty Paid $187.30 Plaintiff Paid Other Costs Date: 7/22/S 0 - (deal) , , -~- REQiIESTIIVG PARTY: Name:.STE'V11NI{. EISENBERG, ESQUIRE Address: 2G1 OLD YORK ROAD, THE PAVILION SUITE 410 JENKINTOWN, PA 19046 Attorney for: PLAINTIFF Telephone: 215-572-8111 Deputy Supreme Court ID No. 75736 ALL THAT CERTAIN tract of land lying and being in the Borough of Newville, County of Cumberland, Commonwealth of Pennsylvania, being more particularly described according to survey of Larry Vern Neidlinger, Professional Engineer, dated October 9, 1974, to wit: BEGINNING at a point at the intersection of the southern line of Chestnut Street with the western line of a 16 feet wide alley; thence along the western line of said 16 feet wide alley, South 19 degrees 30 minutes East, a distance of 140 feet to a point at the intersection of said western line of a 16 feet wide alley with the northern line of a second 16 feet wide alley; thence along said second 16 feet wide alley, South 70 degrees 30 minutes West a distance of 40 feet to a point at comer of land now or formerly of Kenneth Shearer; thence along the eastern line of said land now or formerly of Kenneth Shearer, North 19 degrees 30 minutes West a distance of 140 feet to a point on the southern line of Chestnut Street; thence along the southern line of Chestnut, North 70 degrees 30 minutes East, a distance of 40 feet to a point, the place of BEGINNING. HAVING thereon erected atwo-story frame dwelling house and other improvements, known as and numbered 12 Chestnut Street and being all of Lot No. 39 in Ahl's Addition to the Borough of Newville. BEING the same premises which Clyde P. Menges and Helen I. Menges, husband and wife, by Deed dated Apri16, 1989 and recorded Apri16, 1989 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book W33 Page 596, granted and conveyed unto John R. Hurley and Nancy M. Hurley, husband and wife, in fee. PARCEL ID: 28-20-1754-023. w w ~ RICHARD F. STERN, ESQUIIZE STEVEN K. EISENBERG, ESQUIItE KEVIN P. DISKIN, ESQUIRE STERN AND EISENBERG LLP THE PAVII.ION 261 OLD YORK ROAD, SUITE 410 JENKINTOWN, PENNSYLVANIA 19046 TELEPHONE: (215) 572-8111 FACSIMILE: (215) 572-5025 (COUNSEL FOR PLAINTIFF) _ r z4 = ; e . ~ ..i ~~ +- P ~Vl, 8 ~ 45 ~ ~ yj`I ~~~~ - ,. .1,~ IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Household Finance Consumer Discount Company v. John R. Hurley and Nancy M. Hurley Defendant(s) Civil Action: 10-3600 MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 I, the undersigned attorney for Plaintiff in the above caption, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 12 Chestnut Street, Newville, PA. 1. Name and address of Owner(s) or Reputed Owner(s): John R. Hurley and Nancy M. Hurley 12 Chestnut Street Newville, PA 17241 2. Name and address of Defendant(s) in the judgment: John R. Hurley and Nancy M. Hurley 12 Chestnut Street Newville, PA 17241 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Midland Funding, LLC 8875 Aero Drive San Diego, CA 92123 J:\SupriyalSales\Cumbedand\IISBC.Hurley.07. l0.doc Midland Funding, LLC C/o Philip C. Warholic, Esquire 4660 Trindle Road, Suite 330 Camp Hill, PA 17011 4. Name and address of the last recorded holder of every mortgage of record: N/A 5. Name and address of every other person who has any record lien on the property: N/A 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: PA Department of Revenue Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128 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: Domestic Relations Tax Claim Bureau Cumberland County Cumberland County Courthouse 13 North Hanover Street One Courthouse Street Carlisle, PA 17013 Carlisle, PA 17013 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. Date J~1~~,~J ~~-°'°" ~ STERN EISENBERG LLP „, r 1i C Y• ~,..°_~~.._.7_ '±r~;TAR1At- ~c~~ Public r ,~,otarY GountY t e - bJRRN.. ~~~~~~ ~~ t oro M' ,„gomery ..~. ~ BY: ~Prk.~nto~;,,n~{~~'~.~~?!~'3`w S VEN K. EISENBERG R`~-~`i"' "" RICHARD F. STERN KEVIN P. DISKIN Attorney for Plaintiff Sworn t~ oared subbed before me thi~ Day of v 1 , 2010. Notary Public J:\Supriya\Sales\Cumberland\11SBC.Hurley.07. l0.doc RICHARD F. STERN, ESQUIl2E STEVEN K. EISENBERG, ESQUIRE KEVIN P. DISKIN, ESQUmE STERN AND EISENBERG LLP THE PAVILION 261 OLD YORK ROAD, SUTTE 410 JENKINTOWN, PENNSYLVANIA 19046 TELEPHONE: (215) 572-8111 FACSIMILE: (215) 572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Household Finance Consumer Discount Company v. John R. Hurley and Nancy M. Hurley Defendant(s) Civil Action: 10-3600 MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: John R. Hurley and Nancy M. Hurley 12 Chestnut Street Newville, PA 17241 Your real estate at 12 Chestnut Street, Newville, PA is scheduled to be sold at Sheriffs Sale on Wednesday, December 8, 2010 at 10:00 A.M., at Sheriffs Office, Cumberland County Courthouse, Carlisle, PA 17013 (location of sale) to enforce the court judgment of $89,332.53 obtained by Household Finance against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff s Sale you must take immediate action: 1. The sale will be canceled if you pay to Stern and Eisenberg, LLP the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call Stern and Eisenberg LLP, telephone (215) 572-8111. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) J:\Supriya\Sales\Cumberland\HSBC. Huriey.07.10. doc YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Stern and Eisenberg LLP, telephone (215) 572-8111. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call Stern and Eisenberg LLP, telephone (215) 572-8111. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A Schedule of distribution of the money bid for your house will be filed by the Sheriff on a date specified by the Sheriff no later than 30 days after the sale date. This Schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the date of filing of said schedule. You should check with the Sheriffs Office by calling (717) 240-6390 to determine the actual date of filing of said schedule. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. 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 LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 800-990-9108 717-249-3166 J:\Supriya\.Sales\Cumberland\HSBC.Hurley.07.10. doc RICHARD F. STERN, ESQUIItE STEVEN K. EISENBERG, ESQUIItE KEVIN P. DI$KIN, ESQUIRE STERN AND EISENBERG LLP THE PAVILION 261 OLD YORK ROAD, SUITE 410 Jh'IdKINTOWN, PENNSYLVANIA 19046 TELEPHONE: (215) 572-8111 FACSIMILE: (215) 572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Household Finance Consumer Discount Company v. Civil Action: 10-3600 John R. Hurley and Nancy M. Hurley MORTGAGE FORECLOSURE Defendant(s) RE: PREMISES: 12 Chestnut Street, Newville, PA Dear Sir or Madam: Please be advised that I represent the above creditor that has a judgment against the above Defendant. As a result of a default, the above referenced premises, also described on the attached sheet, will be sold by the Sheriff of Cumberland County on Wednesday, December 8, 2010 at 10:00 A.M. at Sheriffs Office, Cumberland County Courthouse, Carlisle, PA 17013 (subject to change without further notice). The sale is being conducted pursuant to the judgment in the amount of $89,332.53 together with interest, costs (and such other allowed amounts) thereon entered in the above matter in favor of Plaintiff against the above-named Defendant(s) who is/are also the real owner of said premises. I have discovered that you may have a lien and/or interest in the premises to be sold. This notice is given so that you can protect your interest, if any, in the lien you have on the premises. If you have any questions regarding the type of lien or the effect of the Sheriff s Sale upon your lien, we urge you to CONTACT YOUR ATTORNEY, as we are not permitted to give you legal advice. A Schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff no later than 30 days after the sale date and the distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days thereafter. July 20, 2010 STE D EISENBERG LLP BY: STEVEN K. EISENBERG RICHARD F. STERN KEVIN P. DISKIN Attorney for Plaintiff J: \Supriya\Sales\Cumbedand\IISBC.Hudey.07.10. doc ALL THAT CERTAIN tract of land lying and being in the Borough of Newville, County of Cumberland, Commonwealth of Pennsylvania, being more particularly described according to survey of Larry Vern Neidlinger, Professional Engineer, dated October 9, 1974, to wit: BEGINNING at a point at the intersection of the southern line of Chestnut Street with the western line of a 16 feet wide alley; thence along the western line of said 16 feet wide alley, South 19 degrees 30 minutes East, a distance of 140 feet to a point at the intersection of said western line of a 16 feet wide alley with the northern line of a second 16 feet wide alley; thence along said second 16 feet wide alley, South 70 degrees 30 minutes West a distance of 40 feet to a point at corner of land now or formerly of Kenneth Shearer; thence along the eastern line of said land now or formerly of Kenneth Shearer, North 19 degrees 30 minutes West a distance of 140 feet to a point on the southern line of Chestnut Street; thence along the southern line of Chestnut, North 70 degrees 30 minutes East, a distance of 40 feet to a point, the place of BEGINNING. HAVING thereon erected atwo-story frame dwelling house and other improvements, known as and numbered 12 Chestnut Street and being all of Lot No. 39 in Ahl's Addition to the Borough of Newville. BEING the same premises which Clyde P. Menges and Helen I. Menges, husband and wife, by Deed dated Apri16, 1989 and recorded Apri16, 1989 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book W33 Page 596, granted and conveyed unto John R. Hurley and Nancy M. Hurley, husband and wife, in fee. PARCEL ID: 28-20-1754-023. RICHARD F. STERN, ESQUIItE F'Lr~ ~ ,". ,. ~~~ STEVEN K. EISENBERG, ESQUIItE ~ ~ 7; ~,~~ KEVIN P. DISKIN, ESQUIRE STERN AND EISENBERG LLP _ ~~ ~ O " ~ t' li •_+ ~ 2 ~ ~ ~ ~ TILE PAVILION u ~ p p ~ a'. 05 261 OLD YORK ROAD, SUITE 410 ,~„?-~~ ~~~tf t ~ _~ ~ `~ , JENKINTOWN, PENNSYLVANIA 19046 - ` " ` 1 ~ " ~ TELEPHONE: (215) 572-8111 t ~' ~ .`: ' ' FACSIMILE: (215) 572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Household Finance Consumer Discount Company v. John R. Hurley and Nancy M. Hurley Defendant(s) Civil Action: 10-3600 MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: John R. Hurley and Nancy M. Hurley 12 Chestnut Street Newville, PA 17241 Your real estate at 12 Chestnut Street, Newville, PA is scheduled to be sold at Sheriffs Sale on Wednesday, December 8, 2010 at 10:00 A.M., at Sheriff s Office, Cumberland County Courthouse, Carlisle, PA 17013 (location of sale) to enforce the court judgment of $89,332.53 obtained by Household Finance against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be canceled if you pay to Stern and Eisenberg, LLP the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call Stem and Eisenberg LLP, telephone (215) 572-8111. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) J:1Supriya\Sales\Cumberland\HSBC.Hurley.07. l0.doc YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Stern and Eisenberg LLP, telephone (215) 572-8111. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call Stern and Eisenberg LLP, telephone (215) 572-8111. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A Schedule of distribution of the money bid for your house will be filed by the Sheriff on a date specified by the Sheriff no later than 30 days after the sale date. This Schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the date of filing of said schedule. You should check with the Sheriffs Office by calling (717) 240-6390 to determine the actual date of filing of said schedule. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. 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 LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 800-990-9108 717-249-3166 J:\Supriya\Sales\Cumberland\HSBC. Hurley.07.10. doc t ALL THAT CERTAIN tract of land lying and being in the Borough of Newville, County of Cumberland, Commonwealth of Pennsylvania, being more particularly described according to survey of Larry Vern Neidlinger, Professional Engineer, dated October 9, 1974, to wit: BEGINNING at a point at the intersection of the southern line of Chestnut Street with the western line of a 16 feet wide alley; thence along the western line of said 16 feet wide alley, South 19 degrees 30 minutes East, a distance of 140 feet to a point at the intersection of said western line of a 16 feet wide alley with the northern line of a second 16 feet wide alley; thence along said second 16 feet wide alley, South 70 degrees 30 minutes West a distance of 40 feet to a point at comer of land now or formerly of Kenneth Shearer; thence along the eastern line of said land now or formerly of Kenneth Shearer, North 19 degrees 30 minutes West a distance of 140 feet to a point on the southern line of Chestnut Street; thence along the southern line of Chestnut, North 70 degrees 30 minutes East, a distance of 40 feet to a point, the place of BEGINNING. HAVING thereon erected atwo-story frame dwelling house and other improvements, known as and numbered 12 Chestnut Street and being all of Lot No. 39 in Ahl's Addition to the Borough of Newville. BEING the same premises which Clyde P. Menges and Helen I. Menges, husband and wife, by Deed dated April 6, 1989 and recorded Apri16, 1989 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book W33 Page 596, granted and conveyed unto John R. Hurley and Nancy M. Hurley, husband and wife, in fee. PARCEL ID: 28-20-1754-023. ALL THAT CERTAIN tract of land lying and being in the Borough of Newville, County of Cumberland, Commonwealth of Pennsylvania, being more particularly described according to survey of Larry Vern Neidlinger, Professional Engineer, dated October 9, 1974, to wit: BEGINNING at a point at the intersection of the southern line of Chestnut Street with the western line of a 16 feet wide alley; thence along the western line of said 16 feet wide alley, South 19 degrees 30 minutes East, a distance of 140 feet to a point at the intersection of said western line of a 16 feet wide alley with the northern line of a second 16 feet wide alley; thence along said second 16 feet wide alley, South 70 degrees 30 minutes West a distance of 40 feet to a point at corner of land now or formerly of Kenneth Shearer; thence along the eastern line of said land now or formerly of Kenneth Shearer, North 19 degrees 30 minutes West a distance of 140 feet to a point on the southern line of Chestnut Street; thence along the southern line of Chestnut, North 70 degrees 30 minutes East, a distance of 40 feet to a point, the place of BEGINNING. HAVING thereon erected atwo-story frame dwelling house and other improvements, known as and numbered 12 Chestnut Street and being all of Lot No. 39 in Ahl's Addition to the Borough of Newville. BEING the same premises which Clyde P. Menges and Helen I. Menges, husband and wife, by Deed dated Apri16, 1989 and recorded April 6, 1989 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book W33 Page 596, granted and conveyed unto John R. Hurley and Nancy M. Hurley, husband and wife, in fee. PARCEL ID: 28-20-1754-023. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW STEVEN K. EISENBERG, ESQUIRE STERN AND EISENBERG LLP The Pavilion 261 Old York Road, Suite 410 Jenkintown, PA 19046 (215) 572-8111 . D. #75736 Household Finance Consumer Discount Company v. John R. Hurley and Nancy M. Hurley Defendant(s) -~ - -a ~, rr, m d 4µ't ~-~ ~, °r -~ ~-, cap ° --~ c, ~ , ~ ~"`~ ~~ ~: - =„ w' ~ ~, ; =. ~; c~r, .. ~' Civil Action Number: 10-3600 MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE I, STEVEN K. EISENBERG, ESQ., attorney for the within Plaintiff, hereby certify that notice of the Sheriff s Sale was mailed to the Defendants by certified mail, return receipt requested on October 5, 2010. I further certify that notice of the Sheriffs Sale was mailed to each lienholder by regular, first-class, postage prepaid mail on October 5, 2010, as evidenced by copy of certificates of mailing attached. STERN AND EISENBERG LLP ~~ BY: STEVEN K. EISENBERG Attorney for Plaintiff 10/5/10 t -~. --, Y m ~ ~2 ~.= E m ~ N Y .%~,, ~j .i Y`- f:,~,, .. ~ ~ ~ ~ ~ ~ m ~ m.o do m m d~ tip ~ ~ tL LL ~ ~ LL a ro ~~ ~~ ,~ o U ~~ m~ ~. .n ~Qm ~`o `o '~ ~ y~ F ~ o ~ ;m0;~ ~ ~~ ri ~, :cn o ;~ w w <n 62Qti 52QQ aoQa a~2a o~nz /• _ ,,l E ~; ~~ `" ~, _ 0 1 i; a `_ ~ / ~`~ _ '`/ ~~~` ;_ - .., . ~ ~ ~ ~ LL O N ~ LL ~ ~ ~~ >~ ~ ~ .~ ~~ .N~ OI i0 O u ~~ °~ m ;zZ E 'o o ' o. x r y U y d ~ ~Q m ~ ~ ~ ~'O ~'O O C i~ d 2202 +~2(]Q OOOa []620 ~'tOZ g'~~~~ POST~~ ~ ~„~•'~ 02.E ~o ~ ~ ~ T 05 2p10 X003 _aonMZtp RODE 19046 w ~i, °.., r r+ 0 r- d P+ O ao :; d d d o ~, M p.+ r ~, °' „a d U a o ~ ~ vii o U ~ N a~ ~ ~ O N ~ ~ H VQ ~ ~ ~ ~ ~ N ~ ~ ~ V a OD W U ~ O 4' A a a~ ~ ~ ~ U y ; 3 0 c ~ 'C'1- U ~ U U a d c o" °~ ~ G a~ s+ ~ ~ cd cd a o d °~ ~ a' ~ U" a~i U U 7 a ~ a a ~ ~ w~~ ~ ~° ~ A ~A ~ y q W ~ ~ ~ d .~ ,~ ' d ,o 'p ~y' °7 (sl c G ,~ 'd~~' A '~' ~ ~ r~ ~ ~ F' `~.n * ~ ~i 0 G y T .~ ~~ ~O ~~ y o ~' 0 a ~ w ~~ ~~ Y ~ vii ~9 i ~ 3 .~ N .a z ~ I H P' v ~ ~ ~ ~ ~~ ~ ~ ~ ~ ~ ~ ~ M ~ ~ ~ N ~a~p ;~ ~~~ .a COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW STEVEN K. EISENBERG, ESQUIRE STERN AND EISENBERG LLP The Pavilion 261 Old York Road, Suite 410 Jenkintown, PA 19046 (215) 572-8111 I.D. #75736 Household Finance Consumer Discount Company v. John R. Hurley and Nancy M. Hurley Defendant(s) i.~ ~ hJ ~, f -.~ -~ ~ c;~ ~f c~ ~~ ~ l~~ ,.~ ,~,, cn ~'- .._, . ~, r- ~ r7~ ~, ~ ~~ ~~ Civil Action Number: 10-3600 MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE I, STEVEN K. EISENBERG, ESQ., attorney for the within Plaintiff, hereby certify that notice of the Sheriffs Sale was mailed to the Defendants by certified mail, return receipt requested on October 5, 2010 and received by the defendant on October 7, 2010 as evidenced by copy of certified mail receipt and signed green card attached. STERN AND EISENBERG LLP BY: /~" EVEN K. EISENBERG Attorney for Plaintiff 10/14/10 m ffi m ~ a ~ d d j '~ ~~r ~,E m a~°~o€ ~ m ~ U m 'O ~~L~ d ~~ ~ C m c~i~v ~~ a r' m ~ ~ V H L ~ ~ ~ ~ (~ C Q 1.. ~ H ~=o3rt ~, ~ t •. aEc~~o ~ 1 ~ _~ } ~ ~ _~ Q Eo ~o ^^^ g$~~ o $ ~ ~~~` ~ ~~^^ oC ri v ----i'~ a Q1 v a ~ ~ ~ s"~ ~'O,~ C'i 1 ao ~ f _... ~;: ~- ... ti 0 I•- .~- ru 0 a~ a a ~ a O ¢ o" E ru ~ ,O ¢ ~p ''~ E Q M1 U O N 2 V ~ E `- ~~ ~ z M ~ € `-~ o rd t LL CV d J -,I N d N^ U^ y Of d C1~ N ~ G1 • ~ m N m^0 N ~^ N R LL LL~ LL~ N NO ~ d ~ Z• ~ LL ~ ~~, R 11 ti ~ LL ~ LL • U ~~ O~ m 22:N • ~ m d rn 1do:i ¢ o o m i- - pcq ~ m ~ m 4. o ;¢ m ;. ~ ~ ¢~ ~ m :day`: ¢o ~yo m ~ %vO~i w w cq icn `o .U ~ ~ ~'OC r ~ tm a ', w w h ;v`~o`;~ 2DDZ t~2DQ DDDD 0620 D'CDZ 6'CQh 52DQ aooa D62D D'LDZ o-' a ~rl to 0 a' a 0 O O ~' tL O 0 r9 ~~ ~~ m q .i 0 a m ¢• c 5 U 0 N 'L m M a SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ?4?yt1?' Cf 4?.It9F?Ut'ly7j?fS ?s OFFIC E OF "' ' ?F:IFF ,? r?-ILE-GF1,OF. QI I J1, 27 AN 8: 3L k%UMBERLANB COUNTY PENNSYLVANIA Household Finance Consumer Discount Co. VS. John R. Hurley (et al.) Case Number 2010-3600 SHERIFF'S RETURN OF SERVICE 10/13/2010 11:17 AM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on 10-13-10 at 1100 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 John R. & Nancy M. Hurley, located at, 12 Chestnut Street, Newville, Cumberland County, Pennsylvania according to law. 10/13/2010 11:17 AM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on 10-13-10 at 1100 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: John R. Hurley, by making known unto, John R. Hurley, personally, at, 12 Chestnut Street, Newville, Cumberland County, Pennsylvania its contents and ai the same time handing to him personally the said true and correct copy of the same. 10/13/2010 11:15 AM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on 10-13-10 at 1100 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Nancy M. Hurley, by making known unto, John R. Hurley, husband of defendant, at, 12 Chestnut Street, Newville, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 12/14/2010 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, Carlisle, PA on December 8, 2010 at 10:00 a.m.. He sold the same for the sum of $1.00 to Attorney Steven Eisenberg on behalf of Household Finance Consumer Discount Company, 2929 Walden Avenue, Depew, NY 14043, being the buyer in this execution, paid to the Sheriff the sum of $ SHERIFF COST: $871.70 January 21, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF 1/! -X pad al. 19 bpd, dj4 fr1 CcuntySuiip Sherirtf. Ieiecsmt inc I RICHARD F. STERN, ESQUIRE STEVEN K. EISENBERG, ESQUIRE KEVIN P. DIsKIN, ESQUIRE STERN AND EISENBERG LLP THE PAVILION 261 OLD YORK ROAD, SUITE 410 JENKINrowN, PENNSYLVANIA 19046 TELEPHONE: (215) 572-8111 FACSRvME: (215) 572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Household Finance Consumer Discount Company V. John R. Hurley and Nancy M. Hurley Defendant(s) Civil Action: 10-3600 MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 I, the undersigned attorney for Plaintiff in the above caption, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 12 Chestnut Street, Newville, PA. 1. Name and address of Owner(s) or Reputed Owner(s): John R. Hurley and Nancy M. Hurley 12 Chestnut Street Newville, PA 17241 2. Name and address of Defendant(s) in the judgment: John R. Hurley and Nancy M. Hurley 12 Chestnut Street Newville, PA 17241 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Midland Funding, LLC 8875 Aero Drive San Diego, CA 92123 J:\Supriya\Sales\Cumberland\HSBC.Hurley.07. 10.doc Midland Funding, LLC C/o Philip C. Warholic, Esquire 4660 Trindle Road, Suite 330 Camp Hill, PA 17011 4. Name and address of the last recorded holder of every mortgage of record: N/A 5. Name and address of every other person who has any record lien on the property: N/A 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: PA Department of Revenue Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128 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: Domestic Relations Tax Claim Bureau Cumberland County Cumberland County Courthouse 13 North Hanover Street One Courthouse Street Carlisle, PA 17013 Carlisle, PA 17013 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 unworn falsification to authorities. Date Jul Qi 2010 "` „t rC?ii t uJtcX, 4 `t\1??N yy??j? a r_ STERN EISENBERG LLP BY: // '14 STEVEN K. EISEN:BERG RICHARD F. STERN KEVIN P. DISKIN Attorney for Plaintiff' Sworn to and subsfubed before me thi? Day of 1 32010. Notary Public 7:\Supriya\Sales\Cumberland\HSBC.Hurley.07.10. doc RICHARD F. STERN, ESQUIRE STEVEN K. EISENBERG, ESQUIRE KEVIN P. DISKIN, ESQUIRE STERN AND EISENBERG LLP THE PAVILION 261 OLD YORK ROAD, SUITE 410 JENKINTOWN, PENNSYLVANIA 19046 TELEPHONE: (215) 572-8111 FACSIMILE: (215) 572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Household Finance Consumer Discount Company V. John R. Hurley and Nancy M. Hurley Defendant(s) Civil Action: 10-3600 MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: John R. Hurley and Nancy M. Hurley 12 Chestnut Street Newville, PA 17241 Your real estate at 12 Chestnut Street, Newville, PA is scheduled to be sold at Sheriffs Sale on Wednesday, December 8, 2010 at 10:00 A.M., at Sheriffs Office, Cumberland County Courthouse, Carlisle, PA 17013 (location of sale) to enforce the court judgment of $89,332.53 obtained by Household Finance against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be canceled if you pay to Stern and Eisenberg, LLP the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call Stern and Eisenberg LLP, telephone (215) 572-8111. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) J:\Supriya\Sales\Cumberland\HSBC.Hurley.07.10. doc YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Stern and Eisenberg LLP, telephone (215) 572-8111. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call Stern and Eisenberg LIT, telephone (215) 572-8111. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A Schedule of distribution of the money bid for your house will be filed by the Sheriff on a date specified by the Sheriff no later than 30 days after the sale date. This Schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the date of filing of said schedule. You should check with the Sheriff s Office by calling (717) 240-6390 to determine the actual date of filing of said schedule. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. 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 LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 800-990-9108 717-249-3166 J:\Supriya\Sales\Cumberlan d\HSBC.Hurley.07. I 0. doc RICHARD F. STERN, ESQUIRE STEVEN K. EISENBERG, ESQUIRE KEVIN P. DISKIN, ESQUIRE STERN AND EISENBERG LLP THE PAVILION 261 OLD YORK ROAD, SUITE 410 JENKINTowN, PENNSYLVANIA 19046 TELEPHONE: (215) 572-8111 FACSIMILE: (215) 572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Household Finance Consumer Discount Company V. John R. Hurley and Nancy M. Hurley RE: PREMISES: 12 Chestnut Street, Newville, PA Dear Sir or Madam: Civil Action: 10-3600 MORTGAGE FORECLOSURE Please be advised that I represent the above creditor that has a judgment against the above Defendant. As a result of a default, the above referenced premises, also described on the attached sheet, will be sold by the Sheriff of Cumberland County on Wednesday, December 8, 2010 at 10:00 A.M. at Sheriff s Office, Cumberland County Courthouse, Carlisle, PA 17013 (subject to change without further notice). The sale is being conducted pursuant to the judgment in the amount of $89,332.53 together with interest, costs (and such other allowed amounts) thereon entered in the above matter in favor of Plaintiff against the above-named Defendant(s) who is/are also the real owner of said premises. 1 have discovered that you may have a lien and/or interest in the premises to be sold. This notice is given so that you can protect your interest, if any, in the lien you have on the premises. If you have any questions regarding the type of lien or the effect of the Sheriff s Sale upon your lien, we urge you to CONTACT YOUR ATTORNEY, as we are not permitted to give you legal advice. A Schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff no later than 30 days after the sale date and the distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days thereafter. July 20, 2010 STE ND EISENBERG LLP BY: v STEVEN K. EISENBERG RICHARD F. STERN KEVIN P. DISKIN Attorney for Plaintiff J:\Supriya\Sales\Cumberland\HSBC.Hurley.07.10.doc ALL THAT CERTAIN tract of land lying and being in the Borough of Newville, County of Cumberland, Commonwealth of Pennsylvania, being more particularly described according to survey of Larry Vern Neidlinger Professional Engineer, dated October 9, 1974, to wit: BEGINNING at a point at the intersection of the southern line of Chestnut Street with the western line of a 16 feet wide alley; thence along the western line of said 16 feet wide alley, South 19 degrees 30 minutes East, a distance of 140 feet to a point at the intersection of said western line of a 16 feet wide alley with the northern line of a second 16 feet wide alley; thence along said second 16 feet wide alley, South 70 degrees 30 minutes West a distance of 40 feet to a point at corner of land now or formerly of Kenneth Shearer; thence along the eastern line of said land now or formerly of Kenneth Shearer, North 19 degrees 30 minutes West a distance of 140 feet to a point on the southern line of Chestnut Street; thence along the southern line of Chestnut, North 70 degrees 30 minutes East, a distance of 40 feet to a point, the place of BEGINNING. HAVING thereon erected a two-story frame dwelling house and other improvements, known as and numbered 12 Chestnut Street and being all of Lot No. 39 in Ahl's Addition to the Borough of Newville. BEING the same premises which Clyde P. Menges and Helen I. Menges, husband and wife, by Deed dated April 6, 1989 and recorded April 6, 1989 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book W33 Page 596, granted and conveyed unto John R. Hurley and Nancy M. Hurley, husband and wife, in fee. PARCEL ID: 28-20-1754-023. RICHARD F. STERN, ESQUIR.9 STEVEN K. EISENBERG, ESQUIRE KEVIN P. DISKIN, ESQUIRE STERN AND EISENBERG LLP THE PAVILION 261 OLD YORK ROAD, SUITE 410 JENKINTOWN, PENNSYLVANIA 19046 TELEPHONE: (215) 572-8111 FACSIMILE: (215) 572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Household Finance Consumer Discount Company V. John R. Hurley and Nancy M. Hurley Defendant(s) Civil Action: 10-3600 MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: John R. Hurley and Nancy M. Hurley 12 Chestnut Street Newville, PA 17241 Your real estate at 12 Chestnut Street, Newville, PA is scheduled to be sold at Sheriffs Sale on Wednesday, December 8, 2010 at 10:00 A.M., at Sheriffs Office, Cumberland County Courthouse, Carlisle, PA 17013 (location of sale) to enforce the courtjudgment of $89,332.53 obtained by Household Finance against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be canceled if you pay to Stern and Eisenberg, LLP the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call Stern and Eisenberg LLP, telephone (215) 572-8111. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) J:1Supriya\Sales\Cumberland\HSBC.Hurley.07. I O.doc YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Stern and Eisenberg LLP, telephone (215) 572-8111. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call Stern and Eisenberg LLP, telephone (215) 572-8111. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A Schedule of distribution of the money bid for your house will be filed by the Sheriff on a date specified by the Sheriff no later than 30 days after the sale date. This Schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the date of filing of said schedule. You should check with the Sheriffs Office by calling (717) 240-6390 to determine the actual date of filing of said schedule. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. 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 LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 800-990-9108 717-249-3166 J:\Supriya\Sales\Cumberland\HSBC_Hurley.07.10. doc ALL THAT CERTAIN tract of land lying and being in the Borough of Newville, County of Cumberland, Commonwealth of Pennsylvania, being more particularly described according to survey of Larry Vern Neidlinger, Professional Engineer, dated October 9, 1974, to wit: BEGINNING at a point at the intersection of the southern line of Chestnut Street with the western line of a 16 feet wide alley; thence along the western line of said 16 feet wide alley, South 19 degrees 30 minutes East, a distance of 140 feet to a point at the intersection of said western line of a 16 feet wide alley with the northern line of a second 16 feet wide alley; thence along said second 16 feet wide alley, South 70 degrees 30 minutes West a distance of 40 feet to a point at comer of land now or formerly of Kenneth Shearer; thence along the eastern line of said land now or formerly of Kenneth Shearer, North 19 degrees 30 minutes West a distance of 140 feet to a point on the southern line of Chestnut Street; thence along the southern line of Chestnut, North 70 degrees 30 minutes East, a distance of 40 feet to a point, the place of BEGINNING. HAVING thereon erected a two-story frame dwelling house and other improvements, known as and numbered 12 Chestnut Street and being all of Lot No. 39 in Ahl's Addition to the Borough of Newville. BEING the same premises which Clyde P. Menges and Helen I. Menges, husband and wife, by Deed dated April 6, 1989 and recorded April 6, 1989 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book W33 Page 596, granted and conveyed unto John R. Hurley and Nancy M. Hurley, husband and wife, in fee. PARCEL ID: 28-20-1754-023. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 10-3600 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY Plaintiff (s) From JOHN R. HURLEY AND NANCY M. HURLEY (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 $89,332.53 L.L.$.50 Interest from 7/21/2010 at the per diem rate of $18.19 until judgment is paid in full Atty's Comm % Atty Paid $187.30 Plaintiff Paid Date: 7/2.2/10 Due Prothy $2.00 Other Costs avid D. Buell, rothonotary (Seal) REQUESTINF,' PARTY: By: Deputy Name: STEVEN K. EISENBERG, ESQUIRE Address: 261 OLD YORK ROAD, THE PAVILION SUITE 410 JENKINTOWN, PA 19046 Attorney for: PLAINTIFF Telephone: 215-572-8111 Supreme Court ID No. 75736 On September 22, 2010 the Sheriff levied upon the defendant's interest in the real property situated in Newville Borough, Cumberland County, PA, Known and numbered as, 12 Chestnut Street, Newville, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 22, 2010 By:. r Real Estate Coordinator G i( U- ;.,; i k• P 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: October 22, October 29, and November 5, 2010 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. isa Marie Coyne, ditor SWORN TO AND SUBSCRIBED before me this 5 da of November, 2010 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 11?. r CUMBERLAND LAW JOURNAL Writ No. 2010-3600 Civil Household Finance Consumer Discount Co. vs. John R. Hurley Nancy M. Hurley Atty.: Steven K. Eisenberg ALL THAT CERTAIN tract of land lying and being in the Borough of Newville, County of Cumberland, Commonwealth of Pennsylvania, being more particularly described according to survey of Larry Vern Neidlinger, Professional Engineer, dated October 9, 1974, to wit: BEGINNING at a point at the intersection of the southern line of Chestnut Street with the western line of a 16 feet wide alley; thence along the western line of said 16 feet wide alley, South 19 degrees 30 minutes East, a distance of 140 feet to a point at the intersection of said western line of a 16 feet wide alley with the northern line of a second 16 feet wide alley; thence along said second 16 feet wide alley, South 70 degrees 30 minutes West a distance of 40 feet to a point at corner of land now or formerly of Kenneth Shearer; thence along the eastern line of said land now or formerly of Kenneth Shearer, North 19 degrees 30 minutes West a distance of 140 feet to a point on the southern line of Chestnut Street; thence along the southern line of Chestnut, North 70 degrees 30 min- utes East, a distance of 40 feet to a point, the place of BEGINNING. HAVING thereon erected a two- story frame dwelling house and other improvements, known as and num- bered 12 Chestnut Street and being all of Lot No. 39 in Ahl's Addition to the Borough of Newville. BEING the same premises which Clyde P. Menges and Helen I. Menges, husband and wife, by Deed dated April 6, 1989 and recorded April 6, 1989 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book W33 Page 596, granted and conveyed unto John R. Hurley and Nancy M. Hurley, husband and wife, in fee. PARCEL ID: 28-20-1754-023. 56 ,,The Patriot-News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE cue Patr1*0t*gX(W5 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 Holly Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant 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 she 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 she 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: 10/15/10 10/22/10 10/29/10 Sworn to and "sub Scribed before me this 10 dtiy gf Oloy-ember. 2010 A. D. 4 _- Notary Public COMMONWEALTH OF PENNSYLVANUI Notarial Seal i Sherrie L Kisser, Notary Public Lower Paxton Twp„ Dauphin County My Commission Expires Nov. 26, 2011 Member, Pennsylvanla Association of Notaries 201 'emu 'turn otse""tCo Vs John R. HU60Y Nancy U. tiutrw It?ity. $tivw K Kt wnbwg ALL THAT CERTAIN tract of land lying,and being in the Borough of Newville, County of Cumberland, Commonwealth of Pennsylvania, being more particular}y described according to survey of Larry Vern Neidlinger, Professional Engineer, dated October 9,1974, to wit:, BEGINNING at a point at the intersection of the southern line of Chestnut Street with the western line of a 16 feet wide alley; thence along the western line of said 16 feet wide alley, South 19 degrees 30 minutes East, a distance of 140 feet to a point at the intersectio??said western line of a 16 feet wide alley the norther tine of a second 16 feet wide alley; thence along said second 16 feet wide alley, South 70 degrees 30 minutes West a: distance of 40 feet to a point at comer of land now or formerly of Kenneth Shearer; thence along the eastern he of said land now or formerly of Kenneth Shearer, North 19 degrees 30 minutes West a distance of 140 feet to a Point on the southern line of Chestnut Street; thence along the southern line of Chestnut; North 70 degrees 30 minitems East, e of 40 feet to a point; the place . HAVING thereon erected a two-story frame dwelling house and other improvements, known as and numbered 12 Chestnut Street and being all of Lot No. 39 in Abl's Addition to the Borough of Newvilewhich Clyde P. BEING the same premises Menges and Helen I. Menges, husband and wife, by Reed dated A 36i i,19g9 and recorded Apra 1989 in the Office of the Recorder of Deeds in and for Cumberland Deed and con Book W33 Page 596, granted M. unto John R. Hurley and Nancy Hurley, husband and wife, in fee. PARCEL ID: 28-20.1754-023. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Household Finance Cons Disc Co is the grantee the same having been sold to said grantee on the 8th day of December A.D., 2010, under and by virtue of a writ Execution issued on the 22nd day of July, A.D., 2010, out of the Court of Common Pleas of said County as of Civil Term, 10 Number 3600, at the suit of Household Finance Cons Disc Co against John R & Nancy M Hurley is duly recorded as Instrument Number 201103309. IN TESTIMONY WHEREOF, I have hereunto set my hand and 1 of said office this day of A.D.? (T? "N- /I "N _ order of Deeds dsnberlrbOanyrCerlble, P11 I?ly 48tns ttw First I?loiid4y of Jen.2014