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HomeMy WebLinkAbout05-4095Barry N. Handwerger, Esquire Attorney I.D. No. 72975 Zimmerman, Pfannebecker, Nuffort & Albert, LLP 22 South Duke Street Lancaster, PA 17602 (717) 299-0711 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION--MORTGAGE FORECLOSURE CENTRAL SAVINGS AND LOAN ASSOCIATION, n/k/a SUSQUEHANNA BANK PA, Plaintiff, vs. MATTHEW S. TUCCI and SuANN M. TUCCI, and THE UNITED STATES OF AMERICA, Defendants. NOTICE No.S-h?nRS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 800-990-9108 -1- 9700-265-05R 8/9105 NOTICIA Le han demandado a usted en la corte. Se usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objectiones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 800-990-9108 COMPLAINT AND NOW, comes Plaintiff SUSQUEHANNA BANK PA, formerly known as CENTRAL SAVINGS AND LOAN ASSOCIATION, by and through its attorneys, ZIMMERMAN, PFANNEBECKER, NUFFORT & ALBERT, and complains of Defendants MATTHEW S. TUCCI and SuANN M. TUCCI as follows: 1. The Plaintiff is SUSQUEHANNA BANK PA, formerly known as CENTRAL SAVINGS AND LOAN ASSOCIATION, a state banking institution organized and existing under the laws of the Commonwealth of Pennsylvania, and it is registered to do business in Pennsylvania, with offices for the purpose of doing business at 1570 Manheim Pike, P.O. Box 3300, Lancaster, Pennsylvania 17604-3300. -2- 9700-265-05R 8/9/05 2. The Defendants are MATTHEW S. TUCCI and SuANN M. TUCCI, husband and wife, adult individuals having the following last known addresses: MATTHEW S. TUCCI SuANN M. TUCCI 8 Megan Court 8 Megan Court New Cumberland, PA 17070 New Cumberland, PA 17070 3. The UNITED STATES OF AMERICA is named as a Defendant in this action by reason of privilege granted in an Act of Congress of the United States of America, pursuant to the provisions of 28 U.S.C. § 2410 and 26 U.S.C. § 7425, as amended. 4. The name and address of the taxpayer whose liability may have created federal tax liens on said Mortgaged Premises is as follows: MATTHEW S. TUCCI, 8 Megan Court, New Cumberland, Pennsylvania 17070. 5. The nature of any interests and tax liens of the United States of America is based on the Notices of Liens duly filed by Defendant United States of America through the District Director of Internal Revenue in Pittsburgh, Pennsylvania, as follows: A. Lien Serial No. 221721905 dated April 5, 2005 and filed in the Cumberland County, Pennsylvania, Prothonotary's Office, Cumberland Courthouse, Carlisle, Pennsylvania, on April 19, 2005, to Docket Number 2005- 02026, in the amount of 21,859.35, together with interest to date, which lien is filed against taxpayer "MATTHEW S. TUCCI". A true and correct copy of said Federal Tax Lien Notice is attached hereto, made a part hereof, incorporated herein by reference, and marked "Exhibit "A." 6. The lien of Defendant United States of America referred to in paragraph 5.A above, having been filed on April 19, 2005, is subordinate in priority (assuming that -3- 9700-265-05R 8/9/05 it attaches at all and is a lien on the Mortgaged Premises herein described) to the lien of the herein described Mortgage, which Mortgage was recorded in the Cumberland County, Pennsylvania, Recorder's Office on April 21, 1987, as more fully hereinafter described; and by filing this Action, Plaintiff SUSQUEHANNA BANK PA seeks a judicial sale of said Mortgaged Premises herein described. 7. Plaintiff is the holder of a Mortgage ("Mortgage"), a true and correct copy of which is attached hereto as Exhibit "B", and which is more fully described as follows: A. Mortgagor: MATTHEW S. TUCCI and SuANN M. TUCCI B. Mortgagee: CENTRAL SAVINGS AND LOAN ASSOCIATION C. Date of Mortgage: April 20, 1987 D. Date of Recordation: April 21, 1987 E. Place of Recordation: Recorder of Deeds Office, Cumberland County, Pennsylvania F. Recordation Reference: Record Book 860, Page 984 8. Defendants are the real owners and mortgagors of the premises subject to the Mortgage. 9. The Premises subject to the mortgage is more fully described in the Mortgage. 10. There have been no assignments of said Mortgage. 11. The Mortgage is in default because monthly payments of principal, and interest as required by the Mortgage in the amount of $774.12 from June 1, 2005 and thereafter are due and unpaid. 12. Plaintiff hereby exercises its option to declare the entire amount owing upon said Mortgage immediately due and payable in accordance with its terms and provisions. -4- 9700-265-05R 8/9/05 13. By reason of the default and in accordance with the Mortgage, the Note referenced therein, and the laws of Pennsylvania, the Plaintiff is entitled to recover reasonable actual attorneys' fees. The actual attorneys' fees claimed are currently an unliquidated amount but are reasonable and commensurate with that allowed by law. Attorney's fees were previously expended in the amount of $835.48. Additional actual fees are estimated to be $2,500.00 and may exceed that amount. The Plaintiff will submit updated figures at various times during the proceedings, including the point at which it issues a writ of execution and in any request for a payoff figure for the loan, and the Plaintiff recognizes and acknowledges an obligation to submit to the determination of the court should any issue with respect to the amount of the attorneys' fee claimed be raised. 14. The following amounts are due under the Mortgage: Unpaid Principal Balance: Interest at 8.75% per annum through 7/12/05: Partial payment: Late Charges through 7/12105: Attorneys' fees previously expended: Estimated Attorneys' Fees: TOTAL $68,847.54 1,816.73 -61.92 123.84 835.48 2,500.00 $74,061.67 15. Notice of Defendants' rights under Pennsylvania's Homeowners' Emergency Assistance Act, Act of December 23, 1983, P.L. 385, No. 91 (35 P.S. §§ 1680.401c et seq.), as amended, and Notice of Intention to Foreclose and Rights Under Pennsylvania's Loan Interest and Protection Law, Act of January 30, 1974, P.L. 13, No. 6 (41 P.S. §§ 101 et seq.) as amended was sent in accordance with said Act in the form and on the date set forth in the true and correct copy of such Notice attached hereto as Exhibit "C." -5- 9700-265-05R 8/9/05 16. Attached hereto are the following exhibits, each of which is incorporated herein by reference. EXHIBIT "A": Federal Tax Lien EXHIBIT "B": Mortgage EXHIBIT "C": Act Notices WHEREFORE, Plaintiff prays for the following: A. Judgment in its favor and against Defendants in the amount of $74,061.67, with interest thereon at the rate of 8.75 percent per annum from July 13, 2005 and late charges of $30.96 per month from July 13, 2005; for all other interest, late charges, attorney's fees and costs, and charges collectible under the Mortgage; for foreclosure and sale of the mortgaged premises; and for any and all other relief as the Court deems appropriate. B. Judgment against Defendant United States of America in order that said Federal Tax Liens of the United States of America be discharged, and that the sale on said Mortgage may have the effect of a judicial sale as provided in 28 U.S.C. § 2410, as amended; but said judgment against Defendant United States of America is to be without liability for costs. ZIMMERMAN, PFANNEBECKER, NUFFORT AND ALBERT By: ' arty N. H " dwerger, Esquire i Attorney for SUSQUEHANNA BANK PA I.D. No. 72975 22 South Duke Street Lancaster, PA 17602 (717) 299-0711 -6- 9700-265-05R 8/9/05 VERIFICATION I, Nancy Hahn, verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information, and belief. I further verify that I am the Legal Coordinator of SUSQUEHANNA BANK PA, and that as such, I am authorized to make this Verification on its behalf. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. DATED: NA G HA -7- 9700-265-05R 7/29/05 RUG-09-2005 1220 1872 HOMESALE SETTLEMENT 717 399 2168 P.03 Department of the Treasury - Internal Revenue Service Form 668 (c) (Rev. February 20 20044) Notice of Federal Tax Lien Area: Serial Number For Optional Use by Recording Office SMALL BUSINESS/SELF EMPLOYED AREA #3 i Ph U 221721905 QS aO?L ? ?? n one: (412) 395-5265 Lien t - fUo 4J11 As provided by section 6321, 6322, and 6323 of the Internal Revenue c? /Y U Code, we are giving a notice that taxes (including Interest and penalties) V - O have been assessed against the following-named taxpayer. We have made a demand for payment of this liability, but it remains unpaid. Therefore, (ZfC#L lCv b there is alien in favor of the Unked States on all property and rights to property belonging to this taxpayer for the amount of these taxes, and additional penalties, interest, and costs that may accrue. Name of Taxpayer MATTHEW S TUCCI 0 Residence 8 MEGAN CT i (- NEW CUMBERLND, PA 17070 Z`z- - v IMPORTANT RELEASE INFORMATION: For each assessment listed below, zc? TT on unless notice of the lien is refiled by the date given in column (e), this notice shall, .[ w ?-1 on the day following such date, operate as a certificate of release as defined 6 3 -+ (a). in IRC 6 2 Tax Period Date Of Last Day for Unpaid Balance IGnd of Tax Ending identifying Number Assessment Refning of Assessment a) b) (c d e 6672 03/31/2003 185-56-9678 02/2,8/2005 03/30/2015 2648.04 6672 06/30/2003 185-56-9678 02/28/2005 03/30/2015 3913.08 6672 12/31/2003 185-56-9678 02/28/2005 03/30/2015 6194.20 6672 03/31/2004 185-56-9678 02/28/2005 03/30/2015 4429.71 6672 06/30/2004 185-56-9678 02/28/2005 03/30/2015 4674.32 Place of Filing Prothonotary Cumberland County Total $ 21859.35 Carlisle, PA 17013 This notice was prepared and signed at PHILADELPHIA, PA on this, the 05th day of April 2005 Signature Title REVENUE OFFICER 23-09-1459 04 '/ for CINDY SIMCOX (717) 221-3490 (NOTE: Certificate of officer authorized by law to take acknowledgment is not essential to the validity of Notice of Federal Tax lien Rev. Rul. 71-466, 1971 - 2 C.B. 409) Form 668(Y)(c) (Rev. 2-20041 Part 1 - Kept By Recerdiar Office CAT. NO 60025X TOTAL P.03 a 7 I m a Z mw z ?. ? cp17 o d ? ro S ro v ro ., U Fi w 4 W ? ;..:n cs p p E Fb3 H rob ooW al a ?-n' w a u U al rv y N m . V m .3Z ...,. c 6 Hz _ to tJ 9 ; [? [ 1 ?i n) r ti to F i MORTGAGE THIS MORTGAGE('Securi t Instrument" ss 'uses on ]9 8.7..... The mortgagor is UANN..,..M,,,.TNG ...... wife ............................................... _............... .. ('Borrower"). This Security Instrument is given to CENTRAL SAVINGS AND LDAN ASSOCIATION, which is organized and existing under the laws of the Commonwealth of Pennsylvania, and whose address is 325 Locust Street Columbia, Pennsylvania 17512 ("Lender"), Borrower owes Lender the principal sum of...NINETY-EIGHT„ TH.Q(!SmP.,Irma. HUNDRED, 0,.. 9.0L1.O.O.rc-ecc-r. =n=. -Dollars(U.S..$9$,.4.00.,.0.0,........). This debt is evidenced by Borrowers note dated the same date as this Security Instrument ("Note"), whichprgvideEf [monthly payments, with the fall debt,if ............. .. ................. not paid earlier, due and payable on ........... ...... Novsm,.e-..... I.......1../........ . This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument: and (c) the performance of Borrowers covenants and agreements under this Security Instrument and the Note. For this?purpoge, BpprroW,er do 9a hhemb m rtge a ant and convey to Lender the following described property located in IV,aW, CUmABrl8.nr1 Bor..dvuR?s, Ertl erland ................................ .......... County, Pennsylvania: 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 28 on the hereinafter mentioned plan of lots; thence along said right-of-way line of Megan Court, North thirty-three degrees thirty-nine minutes twenty-three seconds East (N 33°39023" E), a distance of sixteen and seventy-seven hundredths (16.77) feet to a point; thence continuing along the Satre along the arc of a curve having a chord bearing of North fifty-seven degrees forty-five minutes four seconds East (N 57045`4" E), and a radius of twenty-five (25.00) feet for an arc length of twenty-one and three 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 degrees twelve minutes sixteen seconds East (N 46°12'16" E) and a radius of fifty (50.00) feet for an arc length of Sixty-two and twenty-one hundredths (62.21) feet to a point; thence along the dividing line between the premises herein described and Lot 30 on the hereinafter mentioned plan of lots, South seventy-nine degrees twenty-six minutes fourteen seconds East (S 79°26'14" E), a distance of one hundred twenty-four and fifty-five 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 degrees twenty-four minutes thirty-two seconds East (S 34°24132" E) and a radius of nine thousand five hundred ninety-nine and thirty hundredths (9,599.30) feet for an arc length of fifty and whichhastheaddreeaot.Megan Court r.,.LOp.,29 New umberland ....................... . ..........C lson0 , ..._ ............... . ICnrl Pennsylvania ..... 17070 .............("Property Addreae"); ? Izip Codel TOGETHER WITH ail the improvements now or hereafter erected on the property, and all easements, rights, appurtenances, rents, royalties, mineral, oil and gas rights and profits, water rights and stock and all fixtures now or hereafter apart ofthe property. All replacements and additiota $hall also be covered by this Security Instrument All of the foregoing is referred to in this Security Instrument as the "Propeety." BORROWER COVENANTS drat Barrowtt is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and wilt defend generally the title to the Property against all claims and demands, subject to any encumbrances orrecord. THIS SECURITY INSTRUMENT combines Uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering red property. PENNSYLVANIA-smai. Femib-iNMAf FMLMC UNIFORM WSTRUMENT t Form 3039 12183 eoux gfj %E u8ty Wr UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due the principal of end interest on the debt evidenced by the Note and any prepayment and late charges due under the Note. 2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender. Borrower shall pay to Lender on the day monthly payments are due under the Note, until the Note is paid in full, a sum ("Funds') equal to one-twelfth a6 (a) yearly taxes and assessments which may attain priority over this Security Instrument; (b) yearly leasehold payments or ground rents on the Ptoperty, if any; (c) yearly hazard insurance premiums; and (d) yearly mortgage insurance premiums, if any. That items are called "escrow items." Lender may estimate the Funds due on the basis of current data and reasonable 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 federal or stale agency (including Lender if Lender is such an institution). Lender shall apply the Funds to pay the escrow items. Lender may not charge for holding and applying the Funds, analyzing the account or verifying the escrow items, unless Lender pays Borrower interest on the Funds end applicable law permits Lender to make such a charge. Borrower and Lender may agree in writing that interest shall be paid on the Funds. Unless an agreement is made or applicable law requires interest to be paid, fender shall not be required to pay Borrower any interest or earnings on the Funds. Lender shall give to Borrower, without charge, an annual accou dint of the Funds showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security far the sums secured by this Securi ty Instrument. if the amount of the Funds held by Lender, together with the future monthly payments of Funds payable prior to the due dales of the escrow items, shall exceed the amount required to pay the escrow items when due, the excess shat l be, at 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 Lender any 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 refund to Borrower. any Funds held by lender. If under paragraph 19 the Properly is sold or acquired by Lender, Lender shall apply, 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 received by Lender under paragraphs I and 2shall be applied: first, to late charges due under the Note; second, to prepayment charges due under the Note, third, to amounts payable under paragraph 2; fourth, to interest due; and last, to principal due. 4. Charger, Liens. Borrower shall pay all taxes, assessments, charges, firm and impositions attributable to the Property which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any. Borrower shall pay that 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 Lender 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 Properly; 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 Properly is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien, Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 5. Hazard Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by Are, 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 Lender requires. The insurance carrier providing Inc insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. All insurance policies and renewals shall be acceptable to Lender and shad include a standard mortgage clause. Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal rotten. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unieas 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 be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether 9r not then due, with any excess paid to Borrower, If Borrower abandons the Property, or data not answer within 36 days a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may roiliest the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument, whether or not then due. The 30-day period will begin when the notice is given. Unless Lender and Borrower otherwise agree in wiling, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs I and 2 or change tbnamounl of the payments. If under paragraph 19 the Property is acquired by Lender, Borrower's right to, any insurance porcies and proceeds resulting from damage to the Property prior to the acquisition shall peas to Linder to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. ,... , , . 6. Preserntionand Mdtenarrceof Propety;Leaseholds. Bortarr shall not destroy, damage or substantially change the Property, allow the Property to deteriorate or commif waste. It this Security Instrument is on a leasehold, Borrower shall comply with the provisions of the lease, and if Borrower acquires fee title to the Property, the leasehold and fee title shall not merge unless Lender agrees to the merger in writing. 7, Protection of Lender's Rights in the Property, Mortgage Insurance. If Borrower fails to perform the covenants and agreements contained in this Security instrument, or there is a legal proceeding that may significantly affect Lenders rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or to enforce laws or regulations), then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lender's actions may include paying any sums secured by a lien which has priority over this Security Instrument, appearing in court, paying reasonable attorneys' foes and entering on the Properly to make repairs. Although Lender may take action under this paragraph 7, Lender data not have to do so. Any amounts disbursed by 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, the" amounts shall bear interest from the data of disbursement at the Note rate and shall be payable, with interest, upon rmtim from Lender to Borrower requesting Payment. ':::+ B° SGT PACE 085 R Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument, Borrower shall pay the premiums required to maintain the insurance in effect until such time as the requirement for the insurance terminales in accordance with Borrower's and Lender's written agreement or applicable law. It. Inspection. Leader or its agent may make reasonable entries upon and inspections of the Property. Lender 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 corilcquenliel, in connection with any condemnation or other taking of any part of the Property, or for conveyance in Iieu.of condemnation, are hereby assigned and shall be paid to Lender. In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Properly, 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 secured immediately before the taking, divided by (b) the fair market value of the Property immediately before the taking. Any balance shall be paid to Borrower. If the Property is abandoned by Borrower, or if, alter notice by Lender to Borrower that the condemnor offers to make an award or settle a claim for damages, Borrower fails in 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, ell her to restoration or repair of the Property or 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 I and 2 or change the amount of such payments. 10. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time far payment or modification of amortization of the sums secured by this Security Insimment granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required 10 commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successor in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise ofany right or remedy. IL Successors and Aasigm Bound; Joint and Several Liability; Co-signers. The covenants and agrecrnenls 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 sevtral. 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 sums 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 be collected in compaction with the loan exceed the permitted limits, then: (a) any such loan chargc 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 Nole or by making a direct payment to Borrower. Its refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 13. Legislation Affecting Lander, Rights. If enactment or expiration of applicable laws has the effect of rendering any provision of the Note or (his 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 any remedies permitted by paragraph 19. If Lender exercises this option, Lender shall lake the steps specified in the second paragraph of paragraph 17. 14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by firs[ class mail unless applicable law requires use of another method. The notice shall be directed to the Properly Address or any other address Borrower dwignales by notice to Lender. Any notice to Lender shall be given by lint class mail to Lender's address stated herein or any other address Leader designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 15. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Ins houncal and the Note are declared to be severable. t 16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 11. Transfer of the Property "a Beneficial Interest In Borrower. Hall many part of the Property or any finterest in it is sold or transferred (or its beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lenders prior written consent, Lender may, at its option, require immediate payment in PoII ofall sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as critic date of this Security Instrument. If Lender exerc{ses this option, Lender shall give Borrower notice of acceleration. The noticeshall 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 further notice or demand on Borrower. 18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security los(rumeat discontinued at anytime prior to the writer or. (a) 5 days (or such other period as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Security Instrument; or (b) entry ofa judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note had no acceleration occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security instrument, including, but not limited to, reasonable attorneys fees; and (d) takes such action as Lender may reasonably require to assure that the lien of [his Security Instrument, Lender's rights in the Property and Borrowers ,obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon rcirrslalemeni by Borrower, this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this fight to reinstate shall not apply in the case -(acceleration under paragraphs 13 or 17. 6009 8R0 PACE JHS NoN.UNIMRM CGV ENANTS. Borrower and Lender further covenant and agree as follows: 19. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement inthis Security Instrument (but not prior to acceleration under paragraphs Band 17 Y unless applicable law provides otherwise). Lender shall notify Borrower of, among other things: (al the default; (61 the , action required to cure the default; (U when the default must be cured; and (d) that failure to care the default as specified i' 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 4 foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is no cared as specified, Lender at its option may require Immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 19, including, but not limited to, attorneya' fees and costs of title evidence to the extent permitted by applicable law. 20. Lender in Possession. Upon acceleration under paragraph 19 or abandonmen( of the Properly. Lender (in person, by agent or by judicially appointed receiver) shall be entitled to enter upon, lake possession of and manage the Property and to collect the rents of the Property including those past due. Any cents collected by Lender or the receiver shall be applied first to payment of the costs of management of the Property and collection of rents, including, but not 1 limited to, receivei s fees, premiums on receivers bonds and reasonable attorneys' fees, and then to the sums secured by S['. this Security Instrument. Fa. 21. Release. Upon payment of all sums secured by this Security Instrument, Lender shall discharge this Security Instrument without charge to Borrower. Borrower shall pay any recordation costa. 22. Relostatterlent Period. Borrower's time to reinstate provided in paragraph 18 shall extend to one hour prior to the commencement of bidding at a sheriff ssaltor mher sale pursuant to this Security Instrument. 23. Purchase Money Mortgage. Irony of the debt secured by this Security Instrument is lent to Borrower to acquire 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 alter a)udgment is entered on the Nate 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 and recorded together with this Security Instrument, the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument. {Check applicable box(es)] E3 Adjustable Rate Rider Condominium Rider ? 2-1 Family Rider Graduated Payment Rider O Planned Unit Development Rider Other(s) [specify] BY SIGNING BEWW. Borrower accepts and agrees to the terms and covenants contained in this Security Imtrument and in any rider(s)execuledby Borrower and recorded with it. In ........................................_^ /............... .?fFe 5....T> ...,.................................. (Seal) ...................................................................................... k'?wa? ..X.. ..... ...:?.........................(Seal) ......... .. 2 'n'I M. Tucc ?o„asw CGMMGNYIEAt9'E OF PENNSYLVANIA,........... L3r1CW.;qJ7 ........................... County as: On this, the .... 2 0th..... day of ........ ArxiL l .................1987..... before me, ....... a. R.ctary...... ......Publics......... the pnde ignedofficer,pasonallY appeared Matthew S., Tugci„and............ SuAnn M. Tucclr u5bend„and„Wi £e ...... _,,,,,„_,,,,,,,,,,,,, known to me, (or satisfactorily proven) W be the person E.... whose name s,.are, • subscribed to the within instrument and aektuylv?gle1't!),kt ...... executed the same for the purposes herein contained. s^ •^ -• ?d' ''. ... the)' r. .: ,.., .'?.. F . IN WITNESS WxgRWF, I hereunto set my hand and official 50111. JR.. ROT44Y My Commission exis t IAM N. Nose., SIEN COUNPUGBIIC //. VMIuA SOON.UNINGAA G My COMMISSION EXPIRES AUG. 6. 1985 """ " Mamba. Penasyhanh Association of eonrhl that the precise place of business of the within mad nortga n is 325 / Locust Street, Columbia, CI7t y .......Q.S..?......(.? .................... ............. .................... D Ole in the on 111 in of Deeds in ana AY.....\aElk??C. .......\V.Y.!1 ............ l1 . NO. ...?., ff%h .... Page .... .......... Ie. N ,t..i T..:.:.Y ?.d.[.'....... Rxocder......`;`?-C ...................................... p' 69K 86U PACE J87 ,.i eighty-one hundredths (50.81) feet to a point; thence along the dividina line between the premises herein described and Lots 26 and 27 on the hereinafter mentioned plan of lots, South sixty degrees thirty-one minutes thirty-four seconds West (S 60"31'34" W), a distance of one hundred sixteen and fifty-nine hundredths (116.59) feet to a noint; thence along the dividing line first above mentioned, North sixty-fou degrees seventeen minutes thirty-eiqht seconds West''tN 6A017138" W), a distance of one hundred thirty-one and twenty-six hundredths (131.26) feet to a point, the point and place of BEGINNING. BEING LOT 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 fifteen thousand two hundred seventeen and two hundred eighty-one thousandths (15,217.281) square feet. UNDER AND SUBJECT TO all applicable restrictions, reservations, easements, and rights-of-way of record including but not limited to ' a Declaration dated December 10, 3984, and recorded on December 10, 1984, in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Miscellaneous Book Volume 301, page 372 and the Amendment thereto dated August 19, 1985, and recorded on August 20, 1985, in the Office aforesaid in Miscellaneous Book Volume 308, page 372. ALSO UNDER AND SUBJECT TO two sanitary sewer easements and a drainage easement. BEING THE SAME PREMISES which Homestead Service Cornoration, a Pennsylvania Corporation, by deed bearing even date herewith and intended for immediate recording in the Recorder of needs` Office in and for Cumberland County, Pennsylvania, granted and conveyed. unto Matthew S. Tucci and Su Ann M. Tucci, husband and wife, their heirs and assigns. BOUT( 860 PACE J88 ,? .v4 Susquehanna Bank PA TAKE ACTION TO SANE YOUR HOME FROM FORECLOSURE ftPV/ 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 HOMEOWNERS' 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 AQencv The name, address, and telephone 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 INIPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION IMMEDIATAMENTE LLAMANDA 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): Matthew S. Tucci PROPERTY ADDRESS: 8 Megan Court New Cumberland, PA 17070 LOAN ACCT. NO.: 2502825170 ORIGINAL LENDER: Central Savings & Loan CURRENT LENDER/SERVICER: Susquehanna Bank PA HOMEOWNER'S MERGENCYMORTGAGEASSISTANCEPRO RRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. Rev. 7-26-2000 Pennsylvania Act 91 Letter- Form LC19 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-three (33) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT THIRTY-THREE (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-three (33) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice, (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance program. To do so, you must fill out, sign and file a completed Homeowner's Emergency 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 MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) Rev. 7-26-2000 Pennsylvania Act 91 Letter -Form LC19 HOW TO CURE YOUR ,MORTGAGE DEFAULT (Brine it up to dgtt) NA=, OF THE DEFAULT - The Mortgage debt held by the above lender on your property located at: S Megan Court New Cumberland, PA 17070 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE THE MONTHLY PAYMENTS for the following months and the following amounts are now past due: April 1, 2005- June 1, 2003 Principal Amount Due: $ 810.43 Interest Amount Due: $ 1,450.01 Escrow Amount Due: $ 0.00 Late Charges; $ 154.$0 TOTAL AMOUNT PAST DUE: $ 2,415.24 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 2,415.24 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY -THREE (33) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or mongy order made payable and sent to: .Susquehanna Sank PA C/o SBI Loan Center P.C. Box 639 Mau ansville, MD 21767-0139 You can cure any other default by taking the following action within THIRTY-THREE (33) DAYS of the date of this letter. (Do not use if not applicable.) IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY-THREE (33) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY-THREE (33) DAYS, the lender also intends to instruct its attorneys to start legal action to re1 wagn a m d ro e 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-THREE (33) DAY period you will not be required to gay 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. Rev. 7-26-2000 Pennsylvania Act 91 Letter- Form LC19 by the lender and by performing any other reeuirements 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) 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: Address: Telephone Number: Fax Number: Contact Person: Susquehanna Bank PA C/o SBI Loan Center, P.O Box 639, Maugansville MD 21767-0639 888-722-7270 Ext. 8122 240-313-1563 EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff s Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, 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). • 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. 7-26-2000 Pennsylvania Act 91 Letter - Form LC19 RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY-THREE (33) DAY period and foreclosure proceedings have begun, You still have the_ght to cure CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY Consumer Credit Counseling Agency Notification To: Date: Name of Mortgagee: Address: In accordance with the Pennsylvania Homeowner's Emergency Mortgage Assistance Program (Act 91 of 1983), we have been approached for mortgage counseling assistance by: Name of Applicant Telephone Number Mortgage Loan Number Address of Property on which mortgage is in default, if different from above. The counseling agency met with the above named applicant on who have indicated that they are more than sixty (60) days delinquent on their mortgage payments and have received notification of intention to foreclose from In accordance with the Homeowner's Emergency Mortgage Assistance Program, this is to inform you that: 1) If the delinquency cannot be resolved within the 33 day forbearance period as provided bylaw, the applicant listed above may apply to the Pennsylvania Housing Finance Agency for Homeowner's Emergency Mortgage Assistance, 2) By a copy of this Notice, we are notifying all other mortgagees, if any, which the applicant has indicated as also having a mortgage on the property identified above. 3) It is our understanding that the 30 day forbearance period in which we are now in ends on: No legal action to enforce the mortgage may occur during this forbearance period, unless procedural time limits were not met by the homeowner. Rev. 7-26-2000 Pennsylvania Act 91 Letter - Form LC19 PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY MORTGAGE.ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES (Rev. 11/99) CUMBERLAND COUNTY Urban League of Metropolitan Harrisburg N, 6th Street Harrisburg, PA 17101 (717) 234-5925 FAX (717) 234-9459 CCCS of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 Community Action Comm of the Capital Region 1514 perry Street Harrisburg, PA 17104 (717) 232-9757 FAX (717) 234-2227 Adams County Housing Authority 139-143 Carlisle St. Gettysburg, PA 17325 (717)334-1518 FAX (717) 334-3326 YWCA of Carlisle 301 G Street Carlisle, PA 17013 (717) 243-3818 FAX (717) 731-9589 Financial Counseling Services of Franklin 31 West 3rd Street Waynesboro, PA 17268 (717) 762-3285 TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE COPY 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 HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) maybe able to help to save Your home This Notice explains how the program works To see if HEMAP can hell), 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 name, address, and telephone 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 11VIPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION MWEDIATAMENTE LLAMANDA ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARR UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): Suann M. Tucci PROPERTY ADDRESS: 8 Megan Court New Cumberland PA 17070 LOAN ACCT. NO.: 2502825170 ORIGINAL LENDER: Central Savings & Loan CURRENT LENDER/SERVICER: Susquehanna Bank PA HOMEOWNER'S EMERGENCYMORTGAGE A99LAffCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. Rev. 7-26-2000 Pennsylvania Act 91 Letter - Form LC19 Susquehanna Bank PA 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-three (33) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT THIRTY-THREE (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-three (33) days after the date of this meeting, The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice, (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance program. To do so, you must fill out, sign and file a completed Homeowner's Emergency 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 MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act, The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) Rav. 7-26-2000 Pennsylvanla Act 91 Letter -Form LC19 HOW TO CURE YQUR MORTGAGE DEFAUIT (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 THE MONTHLY PAYMENTS for the following months and the following amounts are now past due: April 1, 2005- June 1, 2005 Principal Amount Due: $ 810.43 Interest Amount Due: $ 1,450.01 Escrow Amount Due: $ 0.00 Late Charges: $ 154.80 TOTAL AMOUNT PAST DUE: $ 2,415.24 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 2,415.24 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY -THREE (33) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: Susquehanna Bank PA C/o SBI Loan Center P.O. Box 639 Mau arisville, MD 21767-0639 You can cure any other default by taking the following action within THIRTY-THREE (33) DAYS of the date of this letter. (Do not use if not applicable.) IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY-THREE (33) DAYS of the date of this Notice, the lender intends to exercise itsdgtlts to agcelerate 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-THREE (33) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UP - 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-THREE (33) DAY period you will of be re uired 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. Rev. 7-26-2000 Pennsylvania Act 91 letter- Form LC19 erlorming any other requirements under the mortgage. Curing your default in the manner will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately four (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: Address: Telephone Number: Fast Number: Contact Person: Susquehanna Bank PA C/o SBI Loan Center, P.0 Box 639, Maugansville, MD 21767-0639 888-722-7270 Ext. 8122 240-313-1563 EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, 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). • 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. 7-26-2000 Pennsylvania Act 91 Letter-Form LC19 RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY-THREE (33) DAY period and foreclosure proceedings have begun, you still ve the right to cure CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY Consumer Credit Counseling Agencv Notification To: Date: Name of Mortgagee: Address: In accordance with the Pennsylvania Homeowner's Emergency Mortgage Assistance Program (Act 91 of 1983), we have been approached for mortgage counseling assistance by: Applicant Telephone Number Mortgage Loan Number Address of Property on which mortgage is in default, if different from above. The counseling agency met with the above named applicant on , who have indicated that they are more than sixty (60) days delinquent on their mortgage payments and have received notification of intention to foreclose from In accordance with the Homeowner's Emergency Mortgage Assistance Program, this is to inform you that: 1) If the delinquency cannot be resolved within the 33 day forbearance period as provided bylaw, the applicant listed above may apply to the Pennsylvania Housing Finance Agency for Homeowner's Emergency Mortgage Assistance. 2) By a copy of this Notice, we are notifying all other mortgagees, if any, which the applicant has indicated as also having a mortgage on the property identified above. 3) It is our understanding that the 30 day forbearance period in which we are now in ends on: No legal action to enforce the mortgage may occur during this forbearance period, unless procedural time limits were not met by the homeowner. Rev. 7-26-2000 Pennsylvania Act 91 Letter - Form LC19 PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES (Rev. 11/99) CUMBERLAND COUNTY Urban League of Metropolitan Harrisburg N. 6th Street Harrisburg, PA 17101 (717) 234-5925 FAX (717) 234-9459 CCCS of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 Community Action Comm of the Capital Region 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 FAX (717) 234-2227 Adams County Housing Authority 139-143 Carlisle St. Gettysburg, PA 17325 (717)334-1518 FAX (717) 334-8326 YWCA of Carlisle 301 G Street Carlisle, PA 17013 (717) 243-3818 FAX (717) 731-9589 Financial Counseling Services of Franklin 31 West 3rd Street Waynesboro, PA 17268 (717) 762-3285 Ut .G SHERIFF'S RETURN - REGULAR CASE NO: 2005-04095 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CENTRAL SAVINGS AND LOAN VS MATTHEW S ET AL BRIAN BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE TUCCI MATTHEW S was served upon DEFENDANT the at 1842:00 HOURS, on the 29th day of August , 2005 at 8 MEGAN COURT NEW CUMBERLAND, PA 17070 by handing to MATTHEW TUCCI a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs Docketing 18.00 Service 13.60 Postage .74 Surcharge 10.00 .00 42.34 Sworn and Subscribed to before me this day of P otho ry So Answers: r? R. Thomas Kline 09/13/2005 ZIMMERMAN PFANGER NUF?FjO.RT By: w? Deputy Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2005-04095 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CENTRAL SAVINGS AND LOAN VS TUCCI MATTHEW S ET AL BRIAN BARRICK Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE , Sheriff or Deputy Sheriff of was served upon TUCCI SUANN M the DEFENDANT at 1842:00 HOURS, on the 29th day of August , 2005 at 8 MEGAN COURT NEW CUMBERLAND, PA 17070 MATTHEW TUCCI, HUSBAND by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this day of r rotho ry So Answers: 7 f R. Thomas Kline 09/13/2005 ZIMMERMAN PFANN BAm? ECKER By: 0 D eputy Sheriff SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2005-04095 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CENTRAL SAVINGS AND LOAN VS TUCCI MATTHEW S ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: MARINO THOMAS A US ATTORNEY but was unable to locate Him deputized the sheriff of LACKAWANNA FOR MIDDLE DISTRICT OF PA in his bailiwick. He therefore serve the within COMPLAINT & NOTICE County, Pennsylvania, to On September 13th , 2005 , this office was in receipt of the attached return from LACKAWANNA Sheriff's Costs: So a Docketing 6.00 - Out of County 9.00 Surcharge 10.00 yLR. T mas Kline Dep Lackawanna Co 26.20 her'ff of Cumberland County Notary 5.00 56.20 09/13/2005 ZIMMERMAN PFANNEBECKER NUFFORT Sworn and subscribed to before me this day of Pro o ary In The Court of Common Pleas of Cumberland County, Pennsylvania Central Savings and Loan Assoc. n/k/a Susquehanna Bank PA vs. The United States of America Thomas A. Marino, Esq. William J. Nealon Federal Building, 235 N. Washington Ave. Scranton, PA 18501 No. 2005-4095 Civil Term Now, August 15, 2005, I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Lackawanna County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, within upon at by handing to a and made known to So answers, the contents thereof. Sheriff of County, PA COSTS Sworn and subscribed before SERVICE $ me this day of 20 MILEAGE AFFIDAVIT 20 , at o'clock _M, served the copy of the original SHERIFF'S RETURN - REGULAR CASE NO: 2005-00399 T COMMONWEALTH OF PENNSYLVANIA: COUNTY OF LACKAWANNA CENTRAL SAVINGS AND LOAN ASSOC VS TED STATES OF AMERICA GLENN CAPMAN Deputy Sheriff of Lackawanna County County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT MORT. FORE. was served upon UNITED STATES OF AMERICA the DEFENDANT , at 0002:10 Hour, on the 24th day of August 2005 at 235 N. WASHINGTON AVE SCRANTON, PA by handing to PATRICIA MELLODY,DOCKET TECH. a true and attested copy of COMPLAINT MORT. FORE. together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing tU .00 Service UU .00 Affidavit .00 7 Surcharge (? 00 4 .00 .00 Sworn and Subscribed to before me this da. of . ??u StAL 6w=ri i_;q O N r A.D nv crrv uc n ., ,,•*?mis C Ex 0 So Answers: Sohn Szymanski, Sheriff Deput Sheriff 00/00/0000 A w Barry N. Handwerger, Esquire Attorney I.D. No. 72975 Zimmerman, Pfannebecker, Nuffort & Albert, LLP 22 South Duke Street Lancaster, PA 17602 (717) 299-0711 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION--MORTGAGE FORECLOSURE CENTRAL SAVINGS AND LOAN ASSOCIATION, n/k/a SUSQUEHANNA BANK PA, Plaintiff, vs. QS No. ?84-4095 Civil Term MATTHEW S. TUCCI and SuANN M. TUCCI, and THE UNITED STATES OF AMERICA, Defendants. PRAECIPE TO ENTER DEFAULT JUDGMENT TO THE PROTHONOTARY: Because Defendants MATTHEW S. TUCCI and SuANN M. TUCCI have failed to file within the required time an Answer to the Complaint and Notice to Defend filed and duly served upon Defendants in the above matter, please enter judgment in accordance with Pa.R.C.P. 1037 in favor of Plaintiff and against Defendants: (a) for sale of the real property located at 8 Megan Court, Borough of New Cumberland; County of Cumberland, Pennsylvania 17070 and (b) for the following: 9700-265-05R 11/29/05 . Amount due per Complaint: Interest at 8.75% per annum from 7/13105 through 11/15/05: Late Charges from 7/13/05 through 11/15/05: Less two payments received between 7/13/05 and 11/15/05: No. 04-4095 Civil Term $74,061.67 1,257.76 52.08 -774.12 $74,597.39 TOTAL plus interest from 11/16/05 at 8.75% per annum, plus costs We hereby certify that written notice of intention to enter default judgment against Defendants was mailed to each Defendant in accordance with Pa.R.C.P. 237.1, and that a true and correct copy of each said notice is attached hereto and incorporated herein by reference. ZIMMERMAN, PFANNEBECKER, NUFFORT & ALBERT, LLP Dated: a,31; Barry N. Flandwerger, Esquire Attorney for Susquehanna Bank PA Attorney I.D. No. 16044 22 South Duke Street Lancaster, PA 17602 (717) 299-0711 AND NOW, this day of , 2005, judgment is hereby entered in the above matter as hereinabove directed. Prothonotary -2- 9700-265-05R 11/29/05 ? •1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION--MORTGAGE FORECLOSURE CENTRAL SAVINGS AND LOAN ASSOCIATION, n/k/a SUSQUEHANNA BANK PA, Plaintiff, vs. MATTHEW S. TUCCI and SuANN M. TUCCI, and THE UNITED STATES OF AMERICA, Defendants. II TO: MATTHEW S. TUCCI 8 Megan Court New Cumberland, PA 17070 DATE OF NOTICE: September 20, 2005 No. 05-4095 Civil Term 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 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. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 800-990-9108 ZIMMERMAN, PFANNEBECKER, NUFFORT & ALBERT Cc: Nancy Hahn Loan No. 01-2502825170 Barry N. Handwerger, Esquire Attorneys for Plaintiff Attorney I.D. No. 72975 22 South Duke Street Lancaster, PA 17602 Telephone No. (717) 299-0711 9700-265-05R 9/15/05 AV . ." IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION--MORTGAGE FORECLOSURE CENTRAL SAVINGS AND LOAN ASSOCIATION, n/k/a SUSQUEHANNA BANK PA, Plaintiff vs. No. 05-4095 Civil Term MATTHEW S. TUCCI and SuANN M. TUCCI, and THE UNITED STATES OF AMERICA, Defendants. IMPORTANT NOTICE TO: SuANN M. TUCCI 8 Megan Court New Cumberland, PA 17070 DATE OF NOTICE: September 20, 2005 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 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. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 800-990-9108 ZIMMERMAN, PFANNEB NUFFORT & ALBERT N. Handwerger, Esquire evs for Plaintiff Cc: Nancy Hahn Loan No. 01-2502825170 Attorney I.D. No. 72975 22 South Duke Street Lancaster, PA 17602 Telephone No. (717) 299-0711 9700-265-05R 9/15/05 ` 1 -44 tT' ,?`y V ? ? v fI:.?S J S ? i.? Barry N. Handwerger, Esquire Attorney I.D. No. 72975 Zimmerman, Pfannebecker, Nuffort & Albert, LLP 22 South Duke Street Lancaster, PA 17602 (717) 299-0711 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION--MORTGAGE FORECLOSURE CENTRAL SAVINGS AND LOAN ASSOCIATION, n/k/a SUSQUEHANNA BANK PA, Plaintiff, vs. No.Sl4-4095 Civil Term MATTHEW S. TUCCI and SuANN M. TUCCI, and THE UNITED STATES OF AMERICA, Defendants. AFFIDAVIT THAT DEFENDANT IS NOT IN THE MILITARY SERVICE, PURSUANT TO THE SOLDIERS' AND SAILORS' CIVIL RELIEF ACT OF 1940, AS AMENDED I, BARRY N. HANDWERGER, ESQUIRE, hereby depose and state that I am counsel for Plaintiff SUSQUEHANNA BANK PA herein; that as such, I am authorized to make this Affidavit on behalf of Plaintiff; that to the best of my knowledge, information, and belief, MATTHEW S. TUCCI, a Defendant in the above-captioned action, is not in the military or naval services, based upon the following facts regarding said Defendant as of the date of this Affidavit. Age: Over 18 Present place of employment: Unknown Present place of residence: 8 Megan Court, New Cumberland, Pennsylvania 17070. ADDITIONAL FACTS (if any): [Made upon information supplied and believed to be true and correct]. None I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein made are subject to the penalties of 19 Pa.C.S. §4904 relating to unsworn falsification to authorities. ?C DATE: Barry N. HandwergE-r, Esquire 9700-265-05R 11/29/05 ?i ?? Barry N. Handwerger, Esquire Attorney I.D. No. 72975 Zimmerman, Pfannebecker, Nuffort & Albert, LLP 22 South Duke Street Lancaster, PA 17602 (717) 299-0711 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION--MORTGAGE FORECLOSURE CENTRAL SAVINGS AND LOAN ASSOCIATION, n/k/a SUSQUEHANNA BANK PA, Plaintiff vs. No. 94-4095 Civil Term MATTHEW S. TUCCI and SuANN M. TUCCI, and THE UNITED STATES OF AMERICA, Defendants. AFFIDAVIT THAT DEFENDANT IS NOT IN THE MILITARY SERVICE, PURSUANT TO THE SOLDIERS' AND SAILORS' CIVIL RELIEF ACT OF 1940, AS AMENDED I, BARRY N. HANDWERGER, ESQUIRE, hereby depose and state that I am counsel for Plaintiff SUSQUEHANNA BANK PA herein; that as such, I am authorized to make this Affidavit on behalf of Plaintiff; that to the best of my knowledge, information, and belief, SuANN M. TUCCI, a Defendant in the above-captioned action, is not in the military or naval services, based upon the following facts regarding said Defendant as of the date of this Affidavit. Age: Over 18 Present place of employment: Unknown Present place of residence: 8 Megan Court, New Cumberland, Pennsylvania 17070. ADDITIONAL FACTS (if any): [Made upon information supplied and believed to be true and correct]. None I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein made are subject to the penalties of 19 Pa.C.S. §4904 relating to unsworn falsification to authorities. DATE: 9700-265-05R 11/29105 (? ? t , Barry N. Handwerger, Esquire Attorney I.D. No. 72975 Zimmerman, Pfannebecker, Nuffort & Albert, LLP 22 South Duke Street Lancaster. PA 17602 (717) 299-0711 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION--MORTGAGE FORECLOSURE CENTRAL SAVINGS AND LOAN ASSOCIATION, n/k/a SUSQUEHANNA BANK PA, Plaintiff vs. 05 No..94-4095 Civil Term MATTHEW S. TUCCI and SuANN M. TUCCI, and THE UNITED STATES OF AMERICA, Defendants. PRAECIPE TO ENTER DEFAULT JUDGMENT TO THE PROTHONOTARY: Because Defendant UNITED STATES OF AMERICA has failed to file within the required time an Answer to the Complaint and Notice to Defend filed and duly served upon Defendants in the above matter, enter judgment in accordance with Pa. R.C.P. 1037 in favor of Plaintiff and against Defendant UNITED STATES OF AMERICA in order that the federal tax liens of the UNITED STATES OF AMERICA be discharged, and that the sale on the Mortgage held by Plaintiff may have the effect of a judicial sale as provided in 28 U.S.C. §2410, as amended; but said judgment against Defendant UNITED STATES OF AMERICA is to be without liability for costs. -1- 9700-265-05R 1/17/06 No. 04-4095 Civil Term We hereby certify that written notice of intention to enter default judgment against the Defendant the UNITED STATES OF AMERICA was mailed to THE UNITED STATES OF AMERICA in accordance with Pa.R.C.P. 237.1, and that a true and correct copy of each said notice is attached hereto and incorporated herein by reference. ZIMMERMAN, PFANNEBECKER, NUFFORT & ALBERT, LLP Dated: 4LLI-06 By. r"?>' (Barry N. Hhndwerger, Esquire Attorney for Susquehanna Bank PA Attorney I.D. No. 16044 22 South Duke Street Lancaster, PA 17602 (717) 299-0711 AND NOW, this day of , 2006, judgment is hereby entered in the above matter as hereinabove directed. rothonotary 9700-265-05R 1/17/06 -2- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION--MORTGAGE FORECLOSURE CENTRAL SAVINGS AND LOAN ASSOCIATION, n/k/a SUSQUEHANNA BANK PA, Plaintiff, vs. No. 05-4095 Civil Term MATTHEW S. TUCCI and SuANN M. TUCCI, and THE UNITED STATES OF AMERICA, Defendants. IMPORTANT NOTICE TO: The Honorable Alberto R. Gonzales Attorney General of the United States U.S. Department of Justice 950 Pennsylvania Avenue, NW Washington, DC 20530-0001 DATE OF NOTICE: January 3, 2006 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 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. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 800-990-9108 ZIMMERMAN, PFANNEBECKER, NUFFORT/& ALBERT By: Cc: Nancy Hahn Loan No. 01-2502825170 ry N. Handwerger, Esquire Attorneys for Plaintiff Attorney I.D. No. 72975 22 South Duke Street Lancaster, PA 17602 Telephone No. (717) 299-0711 9700-265-05R 12!6(05 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION--MORTGAGE FORECLOSURE CENTRAL SAVINGS AND LOAN ASSOCIATION, n/k/a SUSQUEHANNA BANK PA, Plaintiff vs. MATTHEW S. TUCCI and SuANN M. TUCCI, and THE UNITED STATES OF AMERICA, Defendants. ZIMMERMAN, PFANNEBECKER, NUFFORr& ALBERT IMPORTANT NOTICE TO: Thomas A. Marino, Esquire U.S. Attorney for the Middle District of Pennsylvania William J. Nealon Federal Building 235 North Washington Avenue Scranton, PA 18501 DATE OF NOTICE: January 3, 2006 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 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. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 800-990-9108 By: Cc: Nancy Hahn Loan No. 01-2502825170 No. 05-4095 Civil Term Oar . Handwerger, Esquire orneys for Plaintiff Attorney I.D. No. 72975 22 South Duke Street Lancaster, PA 17602 Telephone No. (717) 299-0711 9700-265-05R 1215105 ? ? ??-- ? ?- o 1 ?` / _? ?? ? ?`-_. _, -, ?, .a ? ? ? ?? 1 ' r,`, Barry N. Handwerger, Esquire Attorney I.D. No. 72975 Zimmerman, Pfannebecker, Nuffort & Albert, LLP 22 South Duke Street Lancaster, PA 17602 (717) 299-0711 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION--MORTGAGE FORECLOSURE CENTRAL SAVINGS AND LOAN ASSOCIATION, n/k/a SUSQUEHANNA BANK PA, Plaintiff, CIS vs. No. jX 4095 Civil Term MATTHEW S. TUCCI and SuANN M. TUCCI, and THE UNITED STATES OF AMERICA, Defendants. PRAECIPE FOR WRIT OF EXECUTION (MORTGAGE FORECLOSURE) TO THE PROTHONOTARY: Issue a writ of execution in the above matter. Amount due per judgment: $74,597.39 Interest at 8.75% per annum from 11116/05 through 1117/06: 999.80 Late Charges from 11/16/05 through 1/17/06: 61.92 TOTAL $75,659.11 plus interest from 1/18/06 at 8.75% per annum, plus costs DATED: v2l?/?GE ZIMMERMAN, PFANNEBECKER, NUFFORT & ALBERT ' BY: ,,136rry N. Handwerger, Esquire Attorneys for Plaintiff Attorney I.D. No. 72975 22 South Duke Street Lancaster, PA 17602 Telephone No. (717) 299-0711 9700.265-05R 1/30/06 7v -F- ^? VI G c `? C G C 0 d - WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N005-4095 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CENTRAL SAVINGS AND LOAN ASSOCIATION, N/K/A SUSQUEHANNA BANK PA, Plaintiff (s) From MATTHEW S. TUCCI AND SUANN M. TUCCI, AND THE UNITED STATES OF AMERICA (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 $74,597.39 L.L. $30 Interest AT 8.75% PER ANNUM FROM 11/16/05 THROUGH 1/17/06 - $999.80 Any's Comm % Due Prothy $1.00 Arty Paid $205.54 Other Costs LATE CHARGES FROM 11/16/05 THROUGH 1/17/06 - $61.92 Plaintiff Paid Date: FEBRUARY 24, 2006 CURTIS R. LONG Prothonotary (Seal) Deputy REQUESTING PARTY: Name BARRY N. HANDWERGER, ESQUIRE Address: ZIMMERMAN, PFANNEBECKER, NU FFORT & ALBERT 22 SOUTH DUKE STREET LANCASTER, PA 17602 Attorney for: PLAINTIFF Telephone: 717-299-0711 Supreme Court ID No. 72975 Barry N. Handwerger, Esquire Attorney I.D. No. 72975 Zimmerman, Pfannebecker, Nuffort & Albert, LLP 22 South Duke Street Lancaster, PA 17602 (717) 299-0711 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION--MORTGAGE FORECLOSURE CENTRAL SAVINGS AND LOAN ASSOCIATION, n/k/a SUSQUEHANNA BANK PA, Plaintiff, vs. 65 No.-04-4095 Civil Term MATTHEW S. TUCCI and SuANN M. TUCCI, and THE UNITED STATES OF AMERICA, Defendants. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TAKE NOTICE that on Wednesday, June 7, 2006, at 10:00 a.m. (prevailing local time) the Sheriff of Cumberland County, Pennsylvania will sell the real property, together with all improvements thereon, that is located at 8 Megan Court, New Cumberland, Cumberland County, Pennsylvania. The real property is more fully described in the attached legal description. This sale will take place in the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013. The owners or reputed owners of the real property are MATTHEW S. TUCCI and SuANN M. TUCCI. This sale is being held pursuant to a writ of execution issued on the judgment entered in favor of the above Plaintiff and against the above Defendants, which judgment is indexed to Docket No. 04-4095 Civil Term of the Court of Common Pleas of Cumberland County, Pennsylvania. A SCHEDULE OF DISTRIBUTION showing who will receive the proceeds of the sale will be posted in the Office of the Sheriff of Cumberland County, Pennsylvania, within thirty (30) days after the sale date, and distribution will be made in accordance with such Schedule unless you or someone else objects to the proposed distribution by 9700-265-05R 2/21/06 No. 04-4095 Civil Term filing exceptions to it within ten (10) days after the posting of such Schedule. Information about the Schedule of Distribution may be obtained from the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013. NOTICE IS HEREBY GIVEN THAT THE ABOVE DESCRIBED PROPERTY IS BEING SOLD OR TAKEN TO PAY THE ABOVE REFERENCED JUDGMENT. Any interest you have in the above property may be forever lost or otherwise impaired if you do not promptly take action to protect such interest. You may have legal rights to prevent any interest you have in the above property from being lost or otherwise impaired. For example, before the Sheriffs Sale, you may file a Petition with the Cumberland County, Pennsylvania, Court of Common Pleas to open or strike the above judgment, or to stay or set aside the Sheriffs Sale, if you feel you have a defense or objection to the judgment, the execution procedures used, or for any other proper causes. After the Sheriffs Sale but before delivery of the Sheriffs deed to the real property, a petition to set aside the Sheriffs sale for a grossly inadequate price, or for any other proper causes, also may be filed with said Court. You also may have the right to free legal help. A lawyer can advise you more specifically of these and other rights you may have regarding the above matters. If you wish to exercise your rights, however, you must act promptly. 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 FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 800-990-9108 Dated: v49/1d 6' ZIMMERMAN, PFANNEBECKER, NUFFORT & ALBERT, LLP Barry N. H ndwerger, Esquire Attorney for Plaintiff Attorney I.D. No. 16044 22 South Duke Street Lancaster, PA 17602 (717) 299-0711 -2- 9700-265-05R 2/21/06 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 28 on the hereinafter mentioned plan of lots; thence along said right-of-way line of Megan Court, North thirty-three degrees thirty-nine minutes twenty-three seconds East (N 33039'23" E), a distance of sixteen and seventy-seven 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 degrees forty-five minutes four seconds East ( N 57°45'4" E), and a radius of twenty-five (25.00) feet for an arc length of twenty-one and three 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 degrees twelve minutes sixteen seconds East (N 46°12'16" E) and a radius of fifty (50.00) feet for an arc length of sixty-two and twenty-one hundredths (62.21) feet to a point; thence along the dividing line between the premises herein described and Lot 30 on the hereinafter mentioned plan of lots, South seventy-nine degrees twenty-six minutes fourteen seconds East (S 79°26'14" E), a distance of one hundred twenty-four and fifty-five hundredths (124.55) feet to a point; thence along the line of lands now or formerly of Conrail along the are of a curve having a chord bearing of South thirty-four degrees twenty-four minutes thirty-two seconds East (S 34°24'32" E) and a radius of nine thousand five hundred ninety-nine and thirty hundredths (9,599.30) feet for an arc length of fifty and eighty-one hundredths (50.81) feet to a point; thence along the dividing line between the premises herein described and Lots 26 and 27 on the hereinafter mentioned plan of lots, South sixty degrees thirty-one minutes thirty-four seconds West (S 60°31'34" W), a distance of one hundred sixteen and fifty-nine hundredths (116.59) feet to a point; thence along the dividing line first above mentioned, North sixty-four degrees seventeen minutes thirty-eight seconds West (N 64°17'38" W), a distance of one hundred thirty-one and twenty-six hundredths (131.26) feet to a point, the point and place of BEGINNING. BEING LOT 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 fifteen thousand two hundred seventeen and two hundred eighty-one thousandths (15,217.281) square feet. UNDER AND SUBJECT TO all applicable restrictions, reservations, easements, and rights-of-way of 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 Miscellaneous Book Volume 301, page 372 and the Amendment thereto dated August 19, 1985, and recorded on August 20, 1985, in the Office aforesaid in Miscellaneous Book Volume 308, page 372. 9700-265-05R 2/21/06 ALSO UNDER AND SUBJECT TO two sanitary sewer easements and a drainage easement. BEING THE SAME PREMISES which Homestead Service Corporation, a Pennsylvania corporation, by Deed dated April 20, 1987 and recorded April 21, 1987 in the office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book P, Volume 32, Page 616, granted and conveyed unto Matthew S. Tucci and Su Ann M. Tucci, husband and wife, their heirs and assigns. SEIZED IN EXECUTION as the property of MATTHEW S. TUCCI and SuANN M. TUCCI on Judgment Number 2005-0495. -2- 9700-265-05R 2/21/06 _, , ,:, :: J ?, p..z Barry N. Handwerger, Esquire Attorney I.D. No. 72975 Zimmerman, Pfannebecker, Nuffort & Albert, LLP 22 South Duke Street Lancaster, PA 17602 (717) 299-0711 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION--MORTGAGE FORECLOSURE CENTRAL SAVINGS AND LOAN ASSOCIATION, n/k/a SUSQUEHANNA BANK PA, Plaintiff vs. NojX4095 Civil Term MATTHEW S. TUCCI and SuANN M. TUCCI, and THE UNITED STATES OF AMERICA, Defendants. AFFIDAVIT PURSUANT TO RULE 3129.1 CENTRAL SAVINGS AND LOAN ASSOCIATION, now known as SUSQUEHANNA BANK PA, Plaintiff in the above action, sets forth as of the date the Praecipe for the writ of execution was filed the following information concerning the real property located at 8 Megan Court, Borough of New Cumberland, County of Cumberland, Pennsylvania as is more fully described in the legal description attached hereto. 1. Name and address of the owner(s) or reputed owner(s): NAME: ADDRESS: Matthew S. Tucci 8 Megan Court New Cumberland, PA 17070 SuAnn M. Tucci 8 Megan Court New Cumberland, PA 17070 9700-265-05R 2/21/06 No. 04-4095 Civil Term 2 3. 4. Name and address of Defendant(s) in the judgment: NAME: Matthew S. Tucci SuAnn M. Tucci ADDRESS: 8 Megan Court New Cumberland, PA 17070 8 Megan Court New Cumberland, PA 17070 Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: NAME: Central Savings and Loan Association ADDRESS: c/o Susquehanna Bank PA 1570 Manheim Pike P.O. Box 3300 Lancaster, PA 17604-3300 Harrisburg Belco F.C.U Pennsylvania Department of Revenue Bureau of Compliance Farmers First Bank c/o Susquehanna Bank PA 3500 Trindle Road Camp Hill, PA 17011-4463 Department 280946 Harrisburg, PA 17128-0946 1570 Manheim Pike P.O. Box 3300 Lancaster, PA 17604-3300 Name and address of the last recorded holder of every mortgage of record: NAME: Central Savings and Loan Association ADDRESS: c/o Susquehanna Bank PA 1570 Manheim Pike P.O. Box 3300 Lancaster, PA 17604-3300 Harrisburg Belco F.C.U. -2- 3500 Trindle Road Camp Hill, PA 17011-4463 9700-265-05R 2/22/06 No. 04-4095 Civil Term 5. 6 9700-265-05R 2/21/06 Pennsylvania Housing Finance 2101 North Front Street Agency P.O.Box15530 Homeowner's Emergency Harrisburg, PA 17105-5530 Assistance Program Commerce Bank/Harrisburg N.A. 100 Senate Avenue Camp Hill, PA 17011 Name and address of every other person who has any record lien on the property: NAME: U.S. Treasury Department ADDRESS: Pittsburgh Office, Room 808 1000 Liberty Avenue Pittsburgh, PA 15222-9974 The United States of America c/o The Honorably Alberto R. Gonzales Attorney General of the United States U.S. Department of Justice 950 Pennsylvania Avenue, NW Washington, DC 20530-0001 Thomas A. Marino, Esquire U.S. Attorney for the Middle District of Pennsylvania William J. Nealon Federal Building 235 North Washington Avenue Scranton, PA 18501 Cumberland County Tax Claim 1 Courthouse Square Bureau Carlisle, PA 17013 Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NAME: ADDRESS: None -3- No. 04-4095 Civil Term 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: NAME: ADDRESS: None VERIFICATION I verify that the statements made in the foregoing Affidavit are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. I am the Attorney for the Plaintiff, and as such, I am authorized to execute said Affidavit on its behalf. ZIMMERMAN, PFANNEBECKER, NUFFORT & ALBERT, LLP Dated: '}' 411/JG By: HaK@R#erger, Esquire for Plaintiff I.D. No. 16044 22 South Duke Street Lancaster, PA 17602 (717) 299-0711 -4- 9700-265-05R 2/21106 \V-. . 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 28 on the hereinafter mentioned plan of lots; thence along said right-of-way line of Megan Court, North thirty-three degrees thirty-nine minutes twenty-three seconds East (N 33039'23" E), a distance of sixteen and seventy-seven 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 degrees forty-five minutes four seconds East ( N 57°45'4" E), and a radius of twenty-five (25.00) feet for an arc length of twenty-one and three 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 degrees twelve minutes sixteen seconds East (N 46°12'16" E) and a radius of fifty (50.00) feet for an arc length of sixty-two and twenty-one hundredths (62.21) feet to a point; thence along the dividing line between the premises herein described and Lot 30 on the hereinafter mentioned plan of lots, South seventy-nine degrees twenty-six minutes fourteen seconds East (S 79°26'14" E), a distance of one hundred twenty-four and fifty-five 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 degrees twenty-four minutes thirty-two seconds East (S 34°24'32" E) and a radius of nine thousand five hundred ninety-nine and thirty hundredths (9,599.30) feet for an arc length of fifty and eighty-one hundredths (50.81) feet to a point; thence along the dividing line between the premises herein described and Lots 26 and 27 on the hereinafter mentioned plan of lots, South sixty degrees thirty-one minutes thirty-four seconds West (S 60°31'34" W), a distance of one hundred sixteen and fifty-nine hundredths (116.59) feet to a point; thence along the dividing line first above mentioned, North sixty-four degrees seventeen minutes thirty-eight seconds West (N 64°17'38" W), a distance of one hundred thirty-one and twenty-six hundredths (131.26) feet to a point, the point and place of BEGINNING. BEING LOT 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 fifteen thousand two hundred seventeen and two hundred eighty-one thousandths (15,217.281) square feet. UNDER AND SUBJECT TO all applicable restrictions, reservations, easements, and rights-of-way of 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 Miscellaneous Book Volume 301, page 372 and the Amendment thereto dated August 19, 1985, and recorded on August 20, 1985, in the Office aforesaid in Miscellaneous Book Volume 308, page 372. 9700-265-05R 2/21/06 ALSO UNDER AND SUBJECT TO two sanitary sewer easements and a drainage easement. BEING THE SAME PREMISES which Homestead Service Corporation, a Pennsylvania corporation, by Deed dated April 20, 1987 and recorded April 21, 1987 in the office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book P, Volume 32, Page 616, granted and conveyed unto Matthew S. Tucci and Su Ann M. Tucci, husband and wife, their heirs and assigns. SEIZED IN EXECUTION as the property of MATTHEW S. TUCCI and SuANN M. TUCCI on Judgment Number 2005-0495. 9700-265-05R 2/21/06 -2- ?.. . r ?t ?.,_ -. Barry N. Handwerger, Esquire Attorney I.D. No. 72975 Zimmerman, Pfannebecker, Nuffort & Albert, LLP 22 South Duke Street Lancaster, PA 17602 (717) 299-0711 O IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION--MORTGAGE FORECLOSURE CENTRAL SAVINGS AND LOAN ASSOCIATION, n/k/a SUSQUEHANNA BANK PA, Plaintiff, VS. No. 05-4095 Civil Term MATTHEW S. TUCCI and SuANN M. TUCCI, and THE UNITED STATES OF AMERICA, Defendants. AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF LANCASTER SS: Barry N. Handwerger, Esquire, being duly affirmed according to law deposes and says that on March 30, 2006, he served notice of sale upon the following lien creditors by regular U.S. Mail to the addresses set forth below: 9700-265-05R 5/8/06 No. 05-4095 Civil Term NAME: Central Savings and Loan Association Harrisburg Belco F.C.U Pennsylvania Department of Revenue Bureau of Compliance Farmers First Bank c/o Susquehanna Bank PA ADDRESS: c/o Susquehanna Bank PA 1570 Manheim Pike P.O. Box 3300 Lancaster, PA 17604-3300 3500 Trindle Road Camp Hill, PA 17011-4463 Department 280946 Harrisburg, PA 17128-0946 1570 Manheim Pike P.O. Box 3300 Lancaster, PA 17604-3300 Pennsylvania Housing Finance 2101 North Front Street Agency P.O. Box 15530 Homeowner's Emergency Harrisburg, PA 17105-5530 Assistance Program Commerce Bank/Harrisburg N.A 100 Senate Avenue Camp Hill, PA 17011 U.S. Treasury Department Pittsburgh Office, Room 808 1000 Liberty Avenue Pittsburgh, PA 15222-9974 The United States of America c/o The Honorably Alberto R. Gonzales Attorney General of the United States U.S. Department of Justice 950 Pennsylvania Avenue, NW Washington, DC 20530-0001 Thomas A. Marino, Esquire U.S. Attorney for the Middle District of Pennsylvania William J. Nealon Federal Building 235 North Washington Avenue Scranton, PA 18501 Cumberland County Tax Claim Bureau 1 Courthouse Square Carlisle, PA 17013 -2- 9700-265-05R 5/6/06 No. 05-4095 Civil Term Attached hereto as Exhibit "A" and incorporated herein by reference is a copy of the form of notice. Attached hereto as Exhibit "B" and incorporated herein by reference are the Certificates of Mailing of such notices. ZIMMERMAN, PFANNEBECKER, NUFFORT & ALBERT, LLP Dated: By: Sworn and subscribed to before me, this YA day of , 2006. Notary Publicdr My commission expires: COMMONWEALTH OF PENNSYLVANIA Notarial Seal Cynthia S. Singer, Notary Public City Of Lancaster, Lancaster County __ _ My Commission Expires Jan. 7, 2010 Member. Pannsyf-rfl, :kasoalatlon of Notarles rry N. Handwerger, Esquire Attorney for Plaintiff Attorney I.D. No. 16044 22 South Duke Street Lancaster, PA 17602 (717) 299-0711 -3- 9700-265-05R 5/8/06 U.S. POSTAL SERVICE CERTIFICATE OF MAILII MAYBE USED FOR DC "-- PROVIDE FOR INSURW Received From: Zimmerman, Pr024941? Albert, LLP 22 South Duke Lancaster, PA One piece of ordinary N Central Savings anibEewr7 c/o Susquehanna Bank PA 1570 Manheim Pike P.O. Box 3300 Lancaster, PA 17604-3300 PS Form 3817, January 2001 & KvKKKKS+arrrr ,,. rrr ?l! If C LO ,,, ??. 'R w q ?. et j Q. K Q U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DO' - PROVIDE FOR INSURA Zimmerman, Pfannebecker, Nuffort & Received From: Albert, LLP 22 South Duke Street STE Lancaster, PA 17602 'C ?. One piece of ordinary Harrisburg Belco F.C.U. 3500 Trindle Road Camp Hill, PA 17011-4463 +rK KlK M1iiKKKY ... rrr cm; CD N j?a ? rrr \1r"??r? : e o , ti P .q c > h 2-': CL I PS Form 3817, January 2001 U.S. POSTAL SERVICE CERTIFICATE OF MAILING [.K KK•K?4 •KKKK MAY BE USED FOR DOV u? r r t PROVIDE FOR INSURAI Zimmerman, Pfannebecker, Nuffort & -_r Received From. Albert, LLP O` 22 South Duke Street.`T CZ) Lancaster, PA 176f III j T4_ One piece of ordinar \ 1 c" Pennsylvania Depa of Ro -6fte Bureau of Compliance Department 280946 (¢) Harrisburg, PA 17128-0946 x % t PS Form 3817, January 2001 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DO' PROVIDE FOR INSURA Zimmerman, Pfannebecker, Nuffort & Received From: Albert, LLP 22 South Duke Str PAS Tic" ' Lancaster, PA 1 R? 4 v One piece of ordinary Farmers First B c/o Susquehanna ,1570 Manheim Pike P.O. Box 3300 Lancaster, PA 17604-3300 PS Form 3817, January 2001 n«ax?esrs?er? va ?. vi a © _ f f ?????/. W d Yq }\\' ?\ ~ ro 20, QI ?y,•-7 ?•'? U.S. POSTAL SERVICE CERTIFICATE OF MAILING #a?j`?•i*#YMMf MAY BE USED FOR DOf -- PROVIDE FOR INSURAI , ... 1 1 Received From: Zimmerman, PfannepPV'u rt & cry Albert, LLP 22 South Duke Stff? 11 Lancaster, PA 176QAR,y c::> 0 " We r_lrr '4 q w One piece of ordinan Sao " .Pennsylvania Housi '¢o5ce Atfency ?j ,. a Homeowner's Emergenc (stance Program 2101 North Front Street ! . cr P.O. Box 15530 ?fy 4' Harrisburg, PA 17105-5530 ? PS Form 3817, January 2001 U.S. POSTAL SERVICE CERTIFICATE OF MAILING , .... r. s ? s r r MAY BE USED FOR DOW' A- ! l t PROVIDE FOR INSURAI C.0 Lf? Zimmerman, Pfannebecker, Nuffort & Received From. Albert, LLP I I C' 22 South Duke Street ??$ _ ER?' Lancaster, PA 17602; A 0 w T`\ L9 One piece of ordinan f Commerce Bank/Harrisb i A. 14, ??..o 100 Senate Avenue v' d Camp Hill, PA 17011 a PS Form 3817, January 2001 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOM' PROVIDE FOR INSURAN, Zimmerman, Pfannebecker, Nuffort & Received From: Albert, LLP 22 South Duke Street rr4v, Lancaster, PA 17602 One piece of ordinap U.S. Treasury Department GSA Pittsburgh Office, Room 808 S 1000 Liberty Avenue Pittsburgh, PA 15222-9974 PS Form 3817, January 2001 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DO' PROVIDE FOR INSURAZImme, an, Pfannebecker, Nuffort & Received From: Albert, LLP 22 South Duke Stre GPSTFRo Lancaster, PA 17 II - (P One piece of ordinan The United States f America c/o The Honorably Ag R:-Cy`di<I'les Attorney General of the Uhi ates U.S. Department of Justice 950 Pennsylvania Avenue, NW Washington, DC 20530-0001 PS Form 3817, January 2001 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DC" PROVIDE FOR INSURE Zimmerman, Pfannebecker, Nuffort & Received From. Albert, LLP PcJTE" O 22 South Duke Stre G,."- Lancaster, PA 176 N *30 One piece ofordinaryThomas A. Marino, S ire U.S. Attorney for the eldgeof Pennsylvania William J. Nealon Federal Building 235 North Washington Avenue Scranton, PA 18501 tp• ,cI",, i, .. t+Y a J+rMiYi•id 1.s/ 47 a 4h CD -? Ill 'I nn z p I ?3 a N3•YYi O?.i•i ?• t.? Cr% vi 4 9li. "a 111 p C J 01 } ? n Q? L) i r{,iM •ii i+?4 i• I? 6 LO <> C><` cm. 4) CJ ?:a Ott n n C PS Form 3817, January 2001 U.S. POSTAL SERVICE CERTIFICATE OF MAILING rasvxrsy?sxx• _ ____ _ MAY BE USED FOR D PROVIDE FOR INSUF w Zimmerman, Pfannebecker & cts Received From: Albert, LLP GP?g R ti 01% 22 South Duke Street 2 'C ' ' Lancaster, PA 17602 *30 ti ? 1r 'I One piece of ordinaq 00 01 A m? Cumberland County Tax reau 1 Courthouse Square Carlisle, PA 17013 a PS Form 3817, January 2001 r s.' [ ? ? 4 A , ?i -? 'U .. ? W ??. , N ?. v? ' ?? Central Savings and Loan Association n/k/a Susquehanna Bank PA VS Matthew S. Tucci and SuAnn M. Tucci In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2005-4095 Civil Term Valarie Weary, Deputy Sheriff, who being duly sworn according to law, states that on March 13, 2006 at 12:33 o'clock PM, she served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants, to wit: Matthew S. Tucci and SuAnn M. Tucci, by making known unto Matthew S. Tucci, personally and husband of SuAnn M. Tucci, at 8 Megan Court, New Cumberland, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states that on April 11, 2006 at 5:23 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Matthew S. Tucci and SuAnn M. Tucci located at 8 Megan Court, New Cumberland, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Matthew S. Tucci and SuAnn M. Tucci by regular mail to their last known address of 8 Megan Court, New Cumberland, PA 17070. These letters were mailed under the date of April 06, 2006 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff who being duly sworn according to law, states this writ is returned stayed per instructions from attorney Barry Handwerger. Sheriffs costs: Docketing Poundage Posting Bills Advertising Law Library Prothonotary Mileage Certified mail Levy Surcharge Law Journal Patriot News Share of Bills Total: 30.00 161.44 15.00 15.00 .50 1.00 29.92 3.10 15.00 30.00 767.00 532.40 19.57 1619.93 ?(?_ 71a7?b1. ?D 5yaag?Vo So Answers: 00 R. Thomas Kline, Sheriff BY V a J" Real Estate ergeant COPY Barry N. Handwerger, Esquire Attorney I . D. No. 72975 Zimmerman, Pfannebecker, Nuffort & Albert, LLP 22 South Duke Street Lancaster, PA 17602 (717) 299-0711 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION--MORTGAGE FORECLOSURE CENTRAL SAVINGS AND LOAN ASSOCIATION, n/k/a SUSQUEHANNA BANK PA, Plaintiff, vs. No. ?-4095 Civil Term MATTHEW S. TUCCI and SuANN M. TUCCI, and THE UNITED STATES OF AMERICA, Defendants. AFFIDAVIT PURSUANT TO RULE 3129.1 CENTRAL SAVINGS AND LOAN ASSOCIATION, now known as SUSQUEHANNA BANK PA, Plaintiff in the above action, sets forth as of the date the Praecipe for the writ of execution was filed the following information concerning the real property located at 8 Megan Court, Borough of New Cumberland, County of Cumberland, Pennsylvania as is more fully described in the legal description attached hereto. 1. Name and address of the owner(s) or reputed owner(s): NAME: ADDRESS: Matthew S. Tucci 8 Megan Court New Cumberland, PA 17070 SuAnn M. Tucci 8 Megan Court New Cumberland, PA 17070 9700-265-05R 2/21/06 No. 04-4095 Civil Term 2. Name and address of Defendant(s) in the judgment: NAME: ADDRESS: Matthew S. Tucci 8 Megan Court New Cumberland, PA 17070 SuAnn M. Tucci 3. 4. 8 Megan Court New Cumberland, PA 17070 Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: NAME: Central Savings and Loan Association ADDRESS: c/o Susquehanna Bank PA 1570 Manheim Pike P.O. Box 3300 Lancaster, PA 17604-3300 Harrisburg Belco F.C.U. Pennsylvania Department of Revenue Bureau of Compliance Farmers First Bank c/o Susquehanna Bank PA 3500 Trindle Road Camp Hill, PA 17011-4463 Department 280946 Harrisburg, PA 17128-0946 1570 Manheim Pike P.O. Box 3300 Lancaster, PA 17604-3300 Name and address of the last recorded holder of every mortgage of record: NAME: Central Savings and Loan Association ADDRESS: c/o Susquehanna Bank PA 1570 Manheim Pike P.O. Box 3300 Lancaster, PA 17604-3300 Harrisburg Belco F.C.U. 3500 Trindle Road Camp Hill, PA 17011-4463 -2- 9700-265-05R 2/22/06 No. 04-4095 Civil Term 5. 6. 9700-265-05R 2/21/06 Pennsylvania Housing Finance 2101 North Front Street Agency P.O. Box 15530 Homeowner's Emergency Harrisburg, PA 17105-5530 Assistance Program Commerce Bank/Harrisburg N.A. 100 Senate Avenue Camp Hill, PA 17011 Name and address of every other person who has any record lien on the property: NAME: U.S. Treasury Department ADDRESS: Pittsburgh Office, Room 808 1000 Liberty Avenue Pittsburgh, PA 15222-9974 The United States of America c/o The Honorably Alberto R. Gonzales Attorney General of the United States U.S. Department of Justice 950 Pennsylvania Avenue, NW Washington, DC 20530-0001 Thomas A. Marino, Esquire U.S. Attorney for the Middle District of Pennsylvania William J. Nealon Federal Building 235 North Washington Avenue Scranton, PA 18501 Cumberland County Tax Claim 1 Courthouse Square Bureau Carlisle, PA 17013 Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NAME: ADDRESS: None -3- No. 04-4095 Civil Term 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: NAME: ADDRESS: None VERIFICATION I verify that the statements made in the foregoing Affidavit are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. I am the Attorney for the Plaintiff, and as such, I am authorized to execute said Affidavit on its behalf. ZIMMERMAN, PFANNEBECKER, NUFFORT & ALBERT, LLP Dated: cZ By: N. Haifd erger, Esquire rney for Plaintiff rney I.D. No. 16044 22 South Duke Street Lancaster, PA 17602 (717) 299-0711 -4- 9700-265-05R 2121/06 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 28 on the hereinafter mentioned plan of lots; thence along said right-of-way line of Megan Court, North thirty-three degrees thirty-nine minutes twenty-three seconds East (N 33°39'23" E), a distance of sixteen and seventy-seven 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 degrees forty-five minutes four seconds East ( N 57°45'4" E), and a radius of twenty-five (25.00) feet for an arc length of twenty-one and three 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 degrees twelve minutes sixteen seconds East (N 46°12'16" E) and a radius of fifty (50.00) feet for an arc length of sixty-two and twenty-one hundredths (62.21) feet to a point; thence along the dividing line between the premises herein described and Lot 30 on the hereinafter mentioned plan of lots, South seventy-nine degrees twenty-six minutes fourteen seconds East (S 79°26'14" E), a distance of one hundred twenty-four and fifty-five 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 degrees twenty-four minutes thirty-two seconds East (S 34°24'32" E) and a radius of nine thousand five hundred ninety-nine and thirty hundredths (9,599.30) feet for an arc length of fifty and eighty-one hundredths (50.81) feet to a point; thence along the dividing line between the premises herein described and Lots 26 and 27 on the hereinafter mentioned plan of lots, South sixty degrees thirty-one minutes thirty-four seconds West (S 60°31'34" W), a distance of one hundred sixteen and fifty-nine hundredths (116.59) feet to a point; thence along the dividing line first above mentioned, North sixty-four degrees seventeen minutes thirty-eight seconds West (N 64°17'38" W), a distance of one hundred thirty-one and twenty-six hundredths (131.26) feet to a point, the point and place of BEGINNING. BEING LOT 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 fifteen thousand two hundred seventeen and two hundred eighty-one thousandths (15,217.281) square feet. UNDER AND SUBJECT TO all applicable restrictions, reservations, easements, and rights-of-way of 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 Miscellaneous Book Volume 301, page 372 and the Amendment thereto dated August 19, 1985, and recorded on August 20, 1985, in the Office aforesaid in Miscellaneous Book Volume 308, page 372. 9700-265-05R 2/21/06 ALSO UNDER AND SUBJECT TO two sanitary sewer easements and a drainage easement. BEING THE SAME PREMISES which Homestead Service Corporation, a Pennsylvania corporation, by Deed dated April 20, 1987 and recorded April 21, 1987 in the office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book P, Volume 32, Page 616, granted and conveyed unto Matthew S. Tucci and Su Ann M. Tucci, husband and wife, their heirs and assigns. SEIZED IN EXECUTION as the property of MATTHEW S. TUCCI and SuANN M. TUCCI on Judgment Number 2005-0495. -2- 9700-265-05R 2/21/06 Barry N. Handwerger, Esquire Attorney I.D. No. 72975 Zimmerman, Pfannebecker, Nuffort & Albert, LLP 22 South Duke Street Lancaster, PA 17602 (717) 299-0711 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION--MORTGAGE FORECLOSURE CENTRAL SAVINGS AND LOAN ASSOCIATION, n/k/a SUSQUEHANNA BANK PA, Plaintiff, OS VS. No.,W-4095 Civil Term MATTHEW S. TUCCI and SuANN M. TUCCI, and THE UNITED STATES OF AMERICA, Defendants. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TAKE NOTICE that on Wednesday, June 7, 2006, at 10:00 a.m. (prevailing local time) the Sheriff of Cumberland- _County, Pennsylvania-will- sell-the real property, together with all improvements thereon, that is located at 8 Megan Court, New Cumberland, Cumberland County, Pennsylvania. The real property is more fully described in the attached legal description. This sale will take place in the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013. The owners or reputed owners of the real property are MATTHEW S. TUCCI and SuANN M. TUCCI. This sale is being held pursuant to a writ of execution issued on the judgment entered in favor of the above Plaintiff and against the above Defendants, which judgment is indexed to Docket No. 04-4095 Civil Term of the Court of Common Pleas of Cumberland County, Pennsylvania. A SCHEDULE OF DISTRIBUTION showing who will receive the proceeds of the sale will be posted in the Office of the Sheriff of Cumberland County, Pennsylvania, within thirty (30) days after the sale date, and distribution will be made in accordance with such Schedule unless you or someone else objects to the proposed distribution by 9700-265-05R 2/21/06 No. 04-4095 Civil Term filing exceptions to it within ten (10) days after the posting of such Schedule. Information about the Schedule of Distribution may be obtained from the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013. NOTICE IS HEREBY GIVEN THAT THE ABOVE DESCRIBED PROPERTY IS BEING SOLD OR TAKEN TO PAY THE ABOVE REFERENCED JUDGMENT. Any interest you have in the above property may be forever lost or otherwise impaired if you do not promptly take action to protect such interest. You may have legal rights to prevent any interest you have in the above property from being lost or otherwise impaired. For example, before the Sheriffs Sale, you may file a Petition with the Cumberland County, Pennsylvania, Court of Common Pleas to open or strike the above judgment, or to stay or set aside the Sheriffs Sale, if you feel you have a defense or objection to the judgment, the execution procedures used, or for any other proper causes. After the Sheriffs Sale but before delivery of the Sheriffs deed to the real property, a petition to set aside the Sheriffs sale for a grossly inadequate price, or for any other proper causes, also may be filed with said Court. You also may have the right to free legal help. A lawyer can advise you more specifically of these and other rights you may have regarding the above matters. If you wish to exercise your rights, however, you must act promptly. 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 FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 800-990-9108 ZIMMERMAN, PFANNEBECKER, - - - - NUFFORT & ALBERT, LLP- - - Dated: ?IA/l 6 B Barry N. 115ndwerger, Esquire Attorney for Plaintiff Attorney I.D. No. 16044 22 South Duke Street Lancaster, PA 17602 (717) 299-0711 -2- 9700-265-05R 2/21/06 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 28 on the hereinafter mentioned plan of lots; thence along said right-of-way line of Megan Court, North thirty-three degrees thirty-nine minutes twenty-three seconds East (N 33039'23" E), a distance of sixteen and seventy-seven 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 degrees forty-five minutes four seconds East ( N 57°45'4" E), and a radius of twenty-five (25.00) feet for an arc length of twenty-one and three 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 degrees twelve minutes sixteen seconds East (N 46°12'16" E) and a radius of fifty (50.00) feet for an arc length of sixty-two and twenty-one hundredths (62.21) feet to a point; thence along the dividing line between the premises herein described and Lot 30 on the hereinafter mentioned plan of lots, South seventy-nine degrees twenty-six minutes fourteen seconds East (S 79°26'14" E), a distance of one hundred twenty-four and fifty-five 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 degrees twenty-four minutes thirty-two seconds East (S 34°24'32" E) and a radius of nine thousand five hundred ninety-nine and thirty hundredths (9,599.30) feet for an arc length of fifty and eighty-one hundredths (50.81) feet to a point; thence along the dividing line between the premises herein described and Lots 26 and 27 on the hereinafter mentioned plan of lots, South sixty degrees thirty-one minutes thirty-four seconds West (S 60°31'34" W), a distance of one hundred sixteen and fifty-nine hundredths (116.59) feet to a point; thence along the dividing line first above mentioned, North sixty-four degrees seventeen minutes thirty-eight seconds West (N 64°17'38" W), a distance of one hundred thirty-one and twenty-six hundredths (131.26) feet to a point, the point and place of BEGINNING. BEING LOT 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 fifteen thousand two hundred seventeen and two hundred eighty-one thousandths (15,217.281) square feet. UNDER AND SUBJECT TO all applicable restrictions, reservations, easements, and rights-of-way of 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 Miscellaneous Book Volume 301, page 372 and the Amendment thereto dated August 19, 1985, and recorded on August 20, 1985, in the Office aforesaid in Miscellaneous Book Volume 308, page 372. 9700-265-05R 2/21/06 ALSO UNDER AND SUBJECT TO two sanitary sewer easements and a drainage easement. BEING THE SAME PREMISES which Homestead Service Corporation, a Pennsylvania corporation, by Deed dated April 20, 1987 and recorded April 21, 1987 in the office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book P, Volume 32, Page 616, granted and conveyed unto Matthew S. Tucci and Su Ann M. Tucci, husband and wife, their heirs and assigns. SEIZED IN EXECUTION as the property of MATTHEW S. TUCCI and SuANN M. TUCCI on Judgment Number 2005-0495. -2- 9700-265-05R 2/21/06 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) 4 COUNTY OF CUMBERLAND) N005-4095 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CENTRAL SAVINGS AND LOAN ASSOCIATION, N/K/A SUSQUEHANNA BANK PA, Plaintiff (s) From MATTHEW S. TUCCI AND SUANN M. TUCCI, AND THE UNITED STATES OF AMERICA (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 $74,597.39 L.L. $.50 Interest AT 8.75% PER ANNUM FROM 11/16/05 THROUGH 1/17/06 - $999.80 Atty's Comm % Due Prothy $1.00 Atty Paid $205.54 Other Costs LATE CHARGES FROM 11/16/05 THROUGH 1/17/06 - $61.92 Plaintiff Paid Date: FEBRUARY 24, 2006 CURTIS R. LONG Prothonota (Seal) B Deputy REQUESTING PARTY: Name BARRY N. HANDWERGER, ESQUIRE Address: ZIMMERMAN, PFANNEBECKER, NUFFORT & ALBERT 22 SOUTH DUKE STREET LANCASTER, PA 17602 Attorney for: PLAINTIFF Telephone: 717-299-0711 Supreme Court ID No. 72975 Real Estate Sale # 63 On March 02, 2006 the Sheriff levied upon the defendant's interest in the real property situated in New Cumberland Borough, Cumberland County, PA Known and numbered as 8 Megan Court, New Cumberland, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 02, 2006 By: dam( _) AJ J Real Estate Sergeant 61 ?Ol b' L Z 831 901)l VJJ183HS 3141{ A 30 ? JJOJ THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared in the 19th and 26th day(s) of April and the 3rd day(s) of May 2006. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY SALE#63 .......................",. ..,?,,... ............................. Sworn to and su ' d b NOINWS15a -_ Terry L. Russell, Notary Public City of Harrisburg Dauphin County AN CoMmission Expires June,6. 2006 NO VARY PUBLIC My commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 400M pmmiraaririi tliredwiid Ili{ilte 6eeisealnr telteiimiq?d peer of 4Otr; *091 aid fighki-vW #w of Aegis twenty-three seconds Fast tN 33 39'23% e disgene rd' satoest read (16.77)ket m 4Pniirti ie , dw afm9 a6tlg > c.?a'' a chord beating of North f>y-seupeE forty-five mingles four Seconds EntN 4M80 a raft of wemly-five (25M fed for ae we largo. of twrefy-oee and bee tamdtWb CUM) feat to a poust;rthmre card" aioeg the same atoag the arc of a curve baviaa a chord be&* e 1 faq-sot degrees twelve amaim nueea moon& Eag (N.46 !2' 16"E?, and a row-of fifty (5090) foot for an am kale ref *Kty-two and twenty-M huxko bs (62.21) faa to a p*4 thence slang the dividing line between the pmeriaes besem desWW and Lot 30 ou*( meprianed Pin of ion, somb aavaty-cue d*M ti? six MWAM fawleea seconds East (S 79 26' 14'T,1, a &dame of one 6aatrod %vKy_fo and Nty-Se bun6eddo (1Z4M fhet to a pa* 16eace arng the line of kawk tow or f"Wfy of Coq aim the arc of a carve bw* a chord beatmg of soah thirty-four d twenty-four mitatles Orty-wo secamds East (S 34 7,t'3M and a radius of nine thousand live hundred nicety - tree no*ifty 6 g {9,91"930) for ae Kc kagth & fifty acid eight one bptdoedths (50$1) fjnt to a pooe i p*- WON" a.d bate 26 ad 27. on the hetrdaglla seriote? piap olurkSoluth " deptes -W thin)-fan seconds Rh (S 60 31'U-ft Minuots a diitmce of one hundred wA= and ,f yt-lgjee humdtedem (11659) fed to ap9jW *01M *qg the dividing line first ?, aatllf6rleMek-_No* My-fow dep. w plie gt secaeda bleat (N 64.17'38" ft4Ajwwaw huadted llu -one and Meaty- bwWraddo (131:26) fed to a'poiet, the paioc WA *cc of BEGINNING. DOW LM 29 at do 1litn of lestmer awle , #idt Ow it Pow" it tie Ofte of 169 ltatnnler of Depde Qf COIRMY, CO ffm thousad two hundred a taftm and two bo9dted c*-w thoti (15,217781) square feet. uri>? At??,sn _ Kai1? way Hof recoalicsoug but put hmfta to a Declaration dated December 10, 1984, and moorde& as December A 19K.ia the 90oe,at the Recorder of Deeds, of 0"tal* County, Ptmesylvi4ia, is l6sod1ea?6jt1fipi0?1k3D1, pag9 372 and the Aare Ws; *a* 4a64 Aagat 19, 1915, trt MOW * 20, 19K ilk dte Ow. *00orid la "two. F IWO a¦erurs. mom TM &AM FINAM W" I ft hesaaeilaaigbs SOM IN gaamw 4K* of Mmdww S. Trod ad Se+ O C.M. a PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. 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: April 7, 14, 21, 2006 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. Lisa)Glarie Coyne, Eg itor SWORN TO AND SUBSCRIBED before me this 21 day of April, 2006 NOTARIAL SEAL LOIS E. SNYDER, Notary Public Carlisle Boro, Cumberland County My Commission EXp'res March 5, 2009 REAL ESTATE SALE NO. 63 Writ No. 2005-4095 Civil Central Savings and Loan Association, n/k/a Susquehanna Bank PA VS. Matthew S. Tucci and SuAnn M. Tucci Atty.: Barry Handwerger ALL THAT CERTAIN tract or par- cel 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 28 on the hereinafter mentioned plan of lots; thence along said right- of-way line of Megan Court, North thirty-three degrees thirty-nine min- utes twenty-three seconds East (N 33° 39' 23" E), a distance of sixteen and seventy-seven hundredths (16.77) feet to a point, thence con- tinuing along the same along the arc of a curve having a chord bearing of North fifty-seven degrees forty- five minutes four seconds East (N 57° 464" E), and a radius of twenty- five (25.00) feet for an arc length of twenty-one and three hundredths (21.03) feet to a point; thence con- tinuing along the same along the arc of a curve having a chord bearing of North forty-six degrees twelve minutes sixteen seconds East (N 46° 12' 16" E) and a radius of fifty (50.00) feet for an are length of sixty- two and twenty-one hundredths (62.21) feet to a point; thence along the dividing line between the pre- mises herein described and Lot 30 on the hereinafter mentioned plan of lots, South seventy-nine degrees twenty-six minutes fourteen sec- onds East (S 79° 26' 14" E), a dis- tance of one hundred twenty-four and fifty-five 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 degrees twenty-four minutes thirty- two seconds East (S 34° 24' 32" E) and a radius of nine thousand five hundred ninety-nine and thirty hun- dredths (9,599.30) feet for an arc length of fifty and eighty-one hun- dredths (50.81) feet to a point; thence along the dividing line be- tween the premises herein de- scribed and Lots 26 and 27 on the hereinafter mentioned plan of lots, South sixty degrees thirty-one min- utes thirty-four seconds West (S 60° 31' 34" W), a distance of one hun- dred sixteen and fifty-nine hun- dredths (116.59) feet to a point; thence along the dividing line first above mentioned, North sixty-four degrees seventeen minutes thirty- eight seconds West (N 64° 17' 38" W), a distance of one hundred thirty- BEING LOT 29 on the Plan of Westover Gardens, which plan is recorded in the Office of the Re- corder of Deeds of Cumberland County, Pennsylvania, in Plan Book 46, page 126. CONTAINING fifteen thousand two hundred seventeen and two hundred eighty-one thousandths (15,217.281) square feet. UNDER AND SUBJECT TO all applicable restrictions, reservations, easements, and rights-of-way of record including but not limited to a Declaration dated December 10, 1984, and recorded on December 10, 1984, in the Office of the Re- corder of Deeds of Cumberland County, Pennsylvania, in Miscella- neous Book Volume 301, page 372 and the Amendment thereto dated August 19, 1985, and recorded on August 20, 1985, in the Office afore- said in Miscellaneous Book Volume 308, page 372. ALSO UNDER AND SUBJECT TO two sanitary sewer easements and a drainage easement. BEING THE SAME PREMISES which Homestead Service Corpora- tion, a Pennsylvania corporation, by Deed dated April 20, 1987 and re- corded April 21, 1987 in the office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book R Volume 32, Page 616, granted and conveyed unto Matthew S. Tucci and Su Ann M. Tucci, husband and wife, their heirs and assigns. SEIZED IN EXECUTION as the property of MATTHEW S. TUCCI and SuANN M. TUCCI on Judgment Number 2005-0495. ORIGINAL Barry N. Handwerger, Esquire Attorney I.D. No. 72975 Zimmerman, Pfannebecker, Nuffort & Albert, LLP 22 South Duke Street Lancaster, PA 17602 (717) 299-0711 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION--MORTGAGE FORECLOSURE CENTRAL SAVINGS AND LOAN ASSOCIATION, n/k/a SUSQUEHANNA BANK PA, Plaintiff, p5 vs. No. ?4-4095 Civil Term MATTHEW S. TUCCI and SuANN M. TUCCI, and THE UNITED STATES OF AMERICA, Defendants. PRAECIPE FOR WRIT OF EXECUTION (MORTGAGE FORECLOSURE) TO THE PROTHONOTARY: Issue a writ of execution in the above matter. Amount due per judgment: $74,597.39 -?Lqs 5Y3,4 Interest at 8.75% per annum from 11/16/05 through 10/24/06: 6,163.70 Late Charges from 11/16/05 through 10/24/06: 371.52 Less payments received on 9/12/05, 6/5/06 and 9/1/06: -10,053.40 TOTAL $71,079.21 plus interest from 10/25/06 at 8.75% per annum, plus costs ZIMMERMAN, PFANNEBECKER, NUFFORT & ALBERT DATED: 'ohol'v ? BY: 3Ary N. Handwerger, Esquire Attorneys for Plaintiff Attorney I.D. No. 72975 22 South Duke Street Lancaster, PA 17602 Telephone No. (717) 299-0711 9700-265-05R 10/26/06 lv ? W 1 q? . Y AtIZIN c ?? ?' w o g ?' a w s ` ` ' 1 1 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-4095 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CENTRAL SAVINGS AND LOAN ASSOCIATION, N/K/A SUSQUEHANNA BANK PA, Plaintiff (s) From MATTHEW S. TUCCI AND SUANN M. TUCCI, AND THE UNITED STATES OF AMERICA, (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 gamishee(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 $64,543.99 L.L. Interest AT 8.75% PER ANNUM FROM 11/16/05 THROUGH 10/24/06 - $6,163.70 Atty's Comm % Atty Paid $1837.97 THROUGH 10/24/06 - $371.52 Plaintiff Paid Date: NOVEMBER 3, 2006 (Seal) Due Prothy $1.00 Other Costs LATE CHARGES FROM 11116105 Curt is R. Long, oth notary By: Deputy REQUESTING PARTY: Name BARRY N. HANDWERGER, ESQUIRE Address: ZIMMERMAN, PFANNEBECKER, NUFFORT & ALBERT 22 SOUTH DUKE STREET LANCASTER, PA 17602 Attorney for: PLAINTIFF Telephone: 717-299-0711 Supreme Court ID No. 72975 ORIGINAL Barry N. Handwerger, Esquire Attorney I.D. No. 72975 Zimmerman, Pfannebecker, Nuffort & Albert, LLP 22 South Duke Street Lancaster, PA 17602 (717) 299-0711 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION--MORTGAGE FORECLOSURE CENTRAL SAVINGS AND LOAN ASSOCIATION, n/k/a SUSQUEHANNA BANK PA, Plaintiff, OS vs. No..G4-4095 Civil Term MATTHEW S. TUCCI and SuANN M. TUCCI, and THE UNITED STATES OF AMERICA, Defendants. AFFIDAVIT PURSUANT TO RULE 3129.1 CENTRAL SAVINGS AND LOAN ASSOCIATION, now known as SUSQUEHANNA BANK PA, Plaintiff in the above action, sets forth as of the date the Praecipe for the writ of execution was filed the following information concerning the real property located at 8 Megan Court, Borough of New Cumberland, County of Cumberland, Pennsylvania as is more fully described in the legal description attached hereto. 1. Name and address of the owner(s) or reputed owner(s): NAME: ADDRESS: Matthew S. Tucci 8 Megan Court New Cumberland, PA 17070 SuAnn M. Tucci 8 Megan Court New Cumberland, PA 17070 9700-265-05R 10/30/06 OS No.J94-4095 Civil Term 2 3 4 Name and address of Defendant(s) in the judgment: NAME: Matthew S. Tucci SuAnn M. Tucci ADDRESS: 8 Megan Court New Cumberland, PA 17070 8 Megan Court New Cumberland, PA 17070 Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: NAME: Central Savings and Loan Association, now known as Susquehanna Bank PA ADDRESS: 1570 Manheim Pike P.O. Box 3300 Lancaster, PA 17604-3300 Harrisburg Belco F.C.U. Pennsylvania Department of Revenue Bureau of Compliance Farmers First Bank c/o Susquehanna Bank PA 3500 Trindle Road Camp Hill, PA 17011-4463 Department 280946 Harrisburg, PA 17128-0946 1570 Manheim Pike P.O. Box 3300 Lancaster, PA 17604-3300 Name and address of the last recorded holder of every mortgage of record: NAME: Central Savings and Loan Association ADDRESS: c/o Susquehanna Bank PA 1570 Manheim Pike P.O. Box 3300 Lancaster, PA 17604-3300 Harrisburg Belco F.C.U 3500 Trindle Road Camp Hill, PA 17011-4463 -2- 9700-265-05R 10/30/06 C6 No.)X-4095 Civil Term 5 6. Pennsylvania Housing Finance 2101 North Front Street Agency Homeowner's P.O. Box 15530 Emergency Assistance Program Harrisburg, PA 17105-5530 Commerce Bank/Harrisburg N.A. 100 Senate Avenue Camp Hill, PA 17011 Name and address of every other person who has any record lien on the property: NAME: U.S. Treasury Department ADDRESS: Pittsburgh Office, Room 808 1000 Liberty Avenue Pittsburgh, PA 15222-9974 The United States of America c/o The Honorably Alberto R. Gonzales Attorney General of the United States U.S. Department of Justice 950 Pennsylvania Avenue, NW Washington, DC 20530-0001 Thomas A. Marino, Esquire U.S. Attorney for the Middle District of Pennsylvania William J. Nealon Federal Building 235 North Washington Avenue Scranton, PA 18501 Cumberland County Tax Claim 1 Courthouse Square Bureau Carlisle, PA 17013 Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NAME: ADDRESS: None 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: NAME: None ADDRESS: -3- 9700-265-05R 10/30/06 OS No.;94-4095 Civil Term VERIFICATION I verify that the statements made in the foregoing Affidavit are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. I am the Attorney for the Plaintiff, and as such, I am authorized to execute said Affidavit on its behalf. ZIMMERMAN, PFANNEBECKER, NUFFORT & ALBERT, LLP l Dated: By: ,ri 4 rry N. Handwerger, Esquire Attorney for Plaintiff Attorney I.D. No. 16044 22 South Duke Street Lancaster, PA 17602 (717) 299-0711 -4- 9700-265-05R 10/30/06 OS No.,OwC-4095 Civil Term 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 28 on the hereinafter mentioned plan of lots; thence along said right-of-way line of Megan Court, North thirty-three degrees thirty-nine minutes twenty-three seconds East (N 33039'23" E), a distance of sixteen and seventy-seven 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 degrees forty-five minutes four seconds East ( N 57°45'4" E), and a radius of twenty-five (25.00) feet for an arc length of twenty-one and three 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 degrees twelve minutes sixteen seconds East (N 46°12'16" E) and a radius of fifty (50.00) feet for an arc length of sixty-two and twenty-one hundredths (62.21) feet to a point; thence along the dividing line between the premises herein described and Lot 30 on the hereinafter mentioned plan of lots, South seventy-nine degrees twenty-six minutes fourteen seconds East (S 79°26'14" E), a distance of one hundred twenty-four and fifty-five 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 degrees twenty-four minutes thirty-two seconds East (S 34°24'32" E) and a radius of nine thousand five hundred ninety-nine and thirty hundredths (9,599.30) feet for an arc length of fifty and eighty-one hundredths (50.81) feet to a point; thence along the dividing line between the premises herein described and Lots 26 and 27 on the hereinafter mentioned plan of lots, South sixty degrees thirty-one minutes thirty-four seconds West (S 60°31'34" W), a distance of one hundred sixteen and fifty-nine hundredths (116.59) feet to a point; thence along the dividing line first above mentioned, North sixty-four degrees seventeen minutes thirty-eight seconds West (N 64°17'38" W), a distance of one hundred thirty-one and twenty-six hundredths (131.26) feet to a point, the point and place of BEGINNING. BEING LOT 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 fifteen thousand two hundred seventeen and two hundred eighty-one thousandths (15,217.281) square feet. UNDER AND SUBJECT TO all applicable restrictions, reservations, easements, and rights-of-way of 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 Miscellaneous Book Volume 301, page 372 and the Amendment thereto dated August 19, 1985, and recorded on August 20, 1985, in the Office aforesaid in Miscellaneous Book Volume 308, page 372. -5- 9700-265-05R 10/30/06 No.4095 Civil Term ALSO UNDER AND SUBJECT TO two sanitary sewer easements and a drainage easement. BEING THE SAME PREMISES which Homestead Service Corporation, a Pennsylvania corporation, by Deed dated April 20, 1987 and recorded April 21, 1987 in the office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book P, Volume 32, Page 616, granted and conveyed unto Matthew S. Tucci and Su Ann M. Tucci, husband and wife, their heirs and assigns. SEIZED IN EXECUTION as the property of MATTHEW S. TUCCI and SuANN M. TUCCI on Judgment Number 2005-0495. -6- 9700-265-05R 10/30/06 t> Cs? ,- - , i1 ft Barry N. Handwerger, Esquire Attorney I.D. No. 72975 Zimmerman, Pfannebecker, Nuffort & Albert, LLP 22 South Duke Street Lancaster, PA 17602 (717) 299-0711 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION--MORTGAGE FORECLOSURE CENTRAL SAVINGS AND LOAN ASSOCIATION, n/k/a SUSQUEHANNA BANK PA, Plaintiff, vs. No.X-4095 Civil Term MATTHEW S. TUCCI and SuANN M. TUCCI, and THE UNITED STATES OF AMERICA, Defendants NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TAKE NOTICE that on Wednesday, March 7, 2007, at 10:00 a.m. (prevailing local time) the Sheriff of Cumberland County, Pennsylvania will sell the real property, together with all improvements thereon, that is located at 8 Megan Court, New Cumberland, Cumberland County, Pennsylvania. The real property is more fully described in the attached legal description. This sale will take place in the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013. The owners or reputed owners of the real property are MATTHEW S. TUCCI and SuANN M. TUCCI. This sale is being held pursuant to a writ of execution issued on the judgment entered in favor of the above Plaintiff and against the above Defendants, which judgment is indexed to Docket No. X4-4095 Civil Term of the Court of Common Pleas of Cumberland County, Pennsylvania.05 A SCHEDULE OF DISTRIBUTION showing who will receive the proceeds of the sale will be posted in the Office of the Sheriff of Cumberland County, Pennsylvania, within thirty (30) days after the sale date, and distribution will be made in accordance with such Schedule unless you or someone else objects to the proposed distribution by 9700-265-05R 10/26/06 Qh No. OS 6S-4095 Civil Term filing exceptions to it within ten (10) days after the posting of such Schedule. Information about the Schedule of Distribution may be obtained from the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013. NOTICE IS HEREBY GIVEN THAT THE ABOVE DESCRIBED PROPERTY IS BEING SOLD OR TAKEN TO PAY THE ABOVE REFERENCED JUDGMENT. Any interest you have in the above property may be forever lost or otherwise impaired if you do not promptly take action to protect such interest. You may have legal rights to prevent any interest you have in the above property from being lost or otherwise impaired. For example, before the Sheriffs Sale, you may file a Petition with the Cumberland County, Pennsylvania, Court of Common Pleas to open or strike the above judgment, or to stay or set aside the Sheriffs Sale, if you feel you have a defense or objection to the judgment, the execution procedures used, or for any other proper causes. After the Sheriffs Sale but before delivery of the Sheriffs deed to the real property, a petition to set aside the Sheriffs sale for a grossly inadequate price, or for any other proper causes, also may be filed with said Court. You also may have the right to free legal help. A lawyer can advise you more specifically of these and other rights you may have regarding the above matters. If you wish to exercise your rights, however, you must act promptly. 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 FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 800-990-9108 Dated: III>/? 9700-265-05R 10/26/06 ZIMMERMAN, PFANNEBECKER, NUFFORT & ALBERT, LLP 13arry N. Hc/fndwerger, Esquire Attorney for Plaintiff Attorney I.D. No. 16044 22 South Duke Street Lancaster, PA 17602 (717) 299-0711 -2- 6S No.,.94-4095 Civil Term 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 28 on the hereinafter mentioned plan of lots; thence along said right-of-way line of Megan Court, North thirty-three degrees thirty-nine minutes twenty-three seconds East (N 331139'23" E), a distance of sixteen and seventy-seven 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 degrees forty-five minutes four seconds East ( N 57°45'4" E), and a radius of twenty-five (25.00) feet for an arc length of twenty-one and three 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 degrees twelve minutes sixteen seconds East (N 46°12'16" E) and a radius of fifty (50.00) feet for an arc length of sixty-two and twenty-one hundredths (62.21) feet to a point; thence along the dividing line between the premises herein described and Lot 30 on the hereinafter mentioned plan of lots, South seventy-nine degrees twenty-six minutes fourteen seconds East (S 79°26'14" E), a distance of one hundred twenty-four and fifty-five 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 degrees twenty-four minutes thirty-two seconds East (S 34°24'32" E) and a radius of nine thousand five hundred ninety-nine and thirty hundredths (9,599.30) feet for an arc length of fifty and eighty-one hundredths (50.81) feet to a point; thence along the dividing line between the premises herein described and Lots 26 and 27 on the hereinafter mentioned plan of lots, South sixty degrees thirty-one minutes thirty-four seconds West (S 60°31'34" W), a distance of one hundred sixteen and fifty-nine hundredths (116.59) feet to a point; thence along the dividing line first above mentioned, North sixty-four degrees seventeen minutes thirty-eight seconds West (N 64°17'38" W), a distance of one hundred thirty-one and twenty-six hundredths (131.26) feet to a point, the point and place of BEGINNING. BEING LOT 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 fifteen thousand two hundred seventeen and two hundred eighty-one thousandths (15,217.281) square feet. UNDER AND SUBJECT TO all applicable restrictions, reservations, easements, and rights-of-way of 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 Miscellaneous Book Volume 301, page 372 and the Amendment thereto dated August 19, 1985, and recorded on August 20, 1985, in the Office aforesaid in Miscellaneous Book Volume 308, page 372. -3- 9700-265-05R 10/26/06 CS No.,K-4095 Civil Term ALSO UNDER AND SUBJECT TO two sanitary sewer easements and a drainage easement. BEING THE SAME PREMISES which Homestead Service Corporation, a Pennsylvania corporation, by Deed dated April 20, 1987 and recorded April 21, 1987 in the office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book P, Volume 32, Page 616, granted and conveyed unto Matthew S. Tucci and Su Ann M. Tucci, husband and wife, their heirs and assigns. SEIZED IN EXECUTION as the property of MATTHEW S. TUCCI and SuANN M. TUCCI on Judgment Number 2005-0495. -4- 9700-265-05R 10/26/06 F-? ? v ?. .-- { --- ? l._.. _ - ? -T'_t _,. r? r ? ?? f"? ,_ -! ---- +? ?? ORINK Barry N. Handwerger, Esquire Attorney I.D. No. 72975 Zimmerman, Pfannebecker, Nuffort & Albert, LLP 22 South Duke Street Lancaster, PA 17602 (717) 299-0711 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION--IIQORTGAGE FORECLOSURE CENTRAL SAVINGS AND LOAN ASSOCIATION, n/k/a SUSQUEHANNA BANK PA, Plaintiff, vs. No. 05-4095 Civil Term MATTHEW S. TUCCI and SuANN M. TUCC1, and THE UNITED STATES OF AMERICA, Defendants. AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF LANCASTER SS: Barry N. Handwerger, Esquire, being duly affirmed according to law deposes and says: 1. On January 5, 2007, he served notice of sale upon the defendants by Certified Mail, Return Receipt Requested, to the addresses set forth below: NAME: ADDRESS: Matthew S. Tucci 8 Megan Court New Cumberland, PA 17070 SuAnn M. Tucci 8 Megan Court New Cumberland, PA 17070 Attached hereto as Exhibit "A" and incorporated herein by reference is a copy of each said Notice. Attached hereto as Exhibit "B" and incorporated herein by reference are the Return Receipts showing completion of service. 9700-265-05R 1/30/07 No. 05-4095 Civil Term 2. On January 5, 2007, he served notice of sale upon the following lien creditors by regular U.S. Mail to the addresses set forth below: NAME: Pennsylvania Department of Revenue Bureau of Compliance ADDRESS: Department 280946 Harrisburg, PA 17128-0946 Farmers First Bank c/o Susquehanna Bank PA Central Savings and Loan Association Harrisburg Belco F.C.U. 1570 Manheim Pike P.O. Box 3300 Lancaster, PA 17604-3300 c/o Susquehanna Bank PA 1570 Manheim Pike P.O. Box 3300 Lancaster, PA 17604-3300 3500 Trindle Road Camp Hill, PA 17011-4463 Pennsylvania Housing Finance 2101 North Front Street Agency Homeowner's P.O. Box 15530 Emergency Assistance Program Harrisburg, PA 17105-5530 Commerce Bank/Harrisburg N.A 100 Senate Avenue Camp Hill, PA 17011 U.S. Treasury Department Pittsburgh Office, Room 808 1000 Liberty Avenue Pittsburgh, PA 15222-9974 The United States of America c/o The Honorably Alberto R. Gonzales Attorney General of the United States U.S. Department of Justice 950 Pennsylvania Avenue, NW Washington, DC 20530-0001 Thomas A. Marino, Esquire U.S. Attorney for the Middle District of Pennsylvania William J. Nealon Federal Building 235 North Washington Avenue Scranton, PA 18501 Cumberland County Tax Claim 1 Courthouse Square Bureau Carlisle, PA 17013 -2- 9700-265-05R 1/30/07 No. 05-4095 Civil Term Attached hereto as Exhibit "C" and incorporated herein by reference is a copy of the form of notice. Attached hereto as Exhibit "D" and incorporated herein by reference are the Certificates of Mailing of such notices. 3. On January 30, 2007, he served notice of sale upon the following lien creditors by regular U.S. Mail to the addresses set forth below: NAME: ADDRESS: Belco Community Credit Union 403 North 2nd Street Harrisburg, PA 17108 Commerce Bank/Harrisburg, N.A. Commerce Center 3801 Paxton Street Harrisburg, PA 17111 Attached hereto as Exhibit "E" and incorporated herein by reference is a copy of the form of notice. Attached hereto as Exhibit "F" and incorporated herein by reference are the Certificates of Mailing of such notices. ZIMMERMAN, PFANNEBECKER, NUFFORT & ALBERT, LLP Dated: 161 6??" By: Barry N. Handwerger, Esquire Attorney for Plaintiff Attorney I.D. No. 72975 22 South Duke Street Lancaster, PA 17602 (717) 299-0711 Sworn and subscribed to before me, this day of a&(a , 2007. Notary Public My commission expire Member, Pennsylvania Associatigp of Notaries 9700-265-05R 1 /30/07 LTH OF PENNSYLVAN COMMONWEA 3 Notarial Sea] Jessica L Burkhart, Notary Public City Of Lancaster, Lancaster County My Commission Expires May 24, 2010 EXHIBIT "A" Barry N. Handwerger, Esquire Attorney I.D. No. 72975 Zimmerman, Pfannebecker, Nuffort & Albert, LLP 22 South Duke Street Lancaster, PA 17602 (717) 299-0711 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION--MORTGAGE FORECLOSURE CENTRAL SAVINGS AND LOAN ASSOCIATION, n/k/a SUSQUEHANNA BANK PA, Plaintiff, vs. No. 05-4095 Civil Term MATTHEW S. TUCCI and SuANN M. TUCCI, and THE UNITED STATES OF AMERICA, Defendants. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TAKE NOTICE that on Wednesday, March 7, 2007, at 10:00 a.m. (prevailing local time) the Sheriff of Cumberland County, Pennsylvania will sell the real property, together with all improvements thereon, that is located at 8 Megan Court, New Cumberland, Cumberland County, Pennsylvania. The real property is more fully described in the attached legal description. This sale will take place in the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013. The owners or reputed owners of the real property are MATTHEW S. TUCCI and SuANN M. TUCCI. This sale is being held pursuant to a writ of execution issued on the judgment entered in favor of the above Plaintiff and against the above Defendants, which judgment is indexed to Docket No. 05-4095 Civil Term of the Court of Common Pleas of Cumberland County, Pennsylvania. A SCHEDULE OF DISTRIBUTION showing who will receive the proceeds of the sale will be posted in the Office of the Sheriff of Cumberland County, Pennsylvania, within thirty (30) days after the sale date, and distribution will be made in accordance with such Schedule unless you or someone else objects to the proposed distribution by 9700-265-05R 11/13/06 J- No. 0.4-4095 Civil Term filing exceptions to it within ten (10) days after the posting of such Schedule. Information about the Schedule of Distribution may be obtained from the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013. NOTICE IS HEREBY GIVEN THAT THE ABOVE DESCRIBED PROPERTY IS BEING SOLD OR TAKEN TO PAY THE ABOVE REFERENCED JUDGMENT. Any interest you have in the above property may be forever lost or otherwise impaired if you do not promptly take action to protect such interest. You may have legal rights to prevent any interest you have in the above property from being lost or otherwise impaired. For example, before the Sheriffs Sale, you may file a Petition with the Cumberland County, Pennsylvania, Court of Common Pleas to open or strike the above judgment, or to stay or set aside the Sheriffs Sale, if you feel you have a defense or objection to the judgment, the execution procedures used, or for any other proper causes. After the Sheriffs Sale but before delivery of the Sheriffs deed to the real property, a petition to set aside the Sheriffs sale for a grossly inadequate price, or for any other proper causes, also may be filed with said Court. You also may have the right to free legal help. A lawyer can advise you more specifically of these and other rights you may have regarding the above matters. If you wish to exercise your rights, however, you must act promptly. 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 FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 800-990-9108 Dated: 14130/0 ZIMMERMAN, PFANNEBECKER, NUFFORT & ALBERT, LLP Barry N. Hdndwerger, Esquire Attorney for Plaintiff Attorney I.D. No. 16044 22 South Duke Street Lancaster, PA 17602 (717) 299-0711 -2- 9700-265-05R 10/26/06 No. 05-4095 Civil Term 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 28 on the hereinafter mentioned plan of lots; thence along said right-of-way line of Megan Court, North thirty-three degrees thirty-nine minutes twenty-three seconds East (N 33°39'23" E), a distance of sixteen and seventy-seven 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 degrees forty-five minutes four seconds East ( N 57°45'4" E), and a radius of twenty-five (25.00) feet for an arc length of twenty-one and three 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 degrees twelve minutes sixteen seconds East (N 46°12'16" E) and a radius of fifty (50.00) feet for an arc length of sixty-two and twenty-one hundredths (62.21) feet to a point; thence along the dividing line between the premises herein described and Lot 30 on the hereinafter mentioned plan of lots, South seventy-nine degrees twenty-six minutes fourteen seconds East (S 79°26'14" E), a distance of one hundred twenty-four and fifty-five 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 degrees twenty-four minutes thirty-two seconds East (S 34°24'32" E) and a radius of nine thousand five hundred ninety-nine and thirty hundredths (9,599.30) feet for an arc length of fifty and eighty-one hundredths (50.81) feet to a point; thence along the dividing line between the premises herein described and Lots 26 and 27 on the hereinafter mentioned plan of lots, South sixty degrees thirty-one minutes thirty-four seconds West (S 60°31'34" W), a distance of one hundred sixteen and fifty-nine hundredths (116.59) feet to a point; thence along the dividing line first above mentioned, North sixty-four degrees seventeen minutes thirty-eight seconds West (N 64°17'38" W), a distance of one hundred thirty-one and twenty-six hundredths (131.26) feet to a point, the point and place of BEGINNING. BEING LOT 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 fifteen thousand two hundred seventeen and two hundred eighty-one thousandths (15,217.281) square feet. UNDER AND SUBJECT TO all applicable restrictions, reservations, easements, and rights-of-way of 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 Miscellaneous Book Volume 301, page 372 and the Amendment thereto dated August 19, 1985, and recorded on August 20, 1985, in the Office aforesaid in Miscellaneous Book Volume 308, page 372. -3- 9700-265-05R 11/13/06 No. 05-4095 Civil Term ALSO UNDER AND SUBJECT TO two sanitary sewer easements and a drainage easement. BEING THE SAME PREMISES which Homestead Service Corporation, a Pennsylvania corporation, by Deed dated April 20, 1987 and recorded April 21, 1987 in the office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book P, Volume 32, Page 616, granted and conveyed unto Matthew S. Tucci and Su Ann M. Tucci, husband and wife, their heirs and assigns. SEIZED IN EXECUTION as the property of MATTHEW S. TUCCI and SuANN M. TUCCI on Judgment Number 2005-0495. -4- 9700-265-05R 11/13/06 Megan Court ew Cumberland, PA 17070 P5 Form 3811, July 2001 SUANIN Ivi. 1 Ul -1i 8 Megan Court New Cumberland, PA 17070 PS Form 3811, July 2001 delivery address below: ? Agent Addressee ? Yes ? No. 9700-265-05R SJR RESTRICTED DELIVERY //'2 /--& 0. Signature r ? Agent Addressee Is delNe ress different from Item 1? ? Yes If YES, ent r delivery address below: ? No Aa3A1130 9700-265-05R SJR EXHIBIT «B„ EXHIBIT "C" Barry N. Handwerger, Esquire Attorney I.D. No. 72975 Zimmerman, Pfannebecker, Nuffort & Albert, LLP 22 South Duke Street Lancaster, PA 17602 (717) 299-0711 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION--MORTGAGE FORECLOSURE CENTRAL SAVINGS AND LOAN ASSOCIATION, n/k/a SUSQUEHANNA BANK PA, Plaintiff, vs. No. 05-4095 Civil Term MATTHEW S. TUCCI and SuANN M. TUCCI, and THE UNITED STATES OF AMERICA, Defendants. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TAKE NOTICE that on Wednesday, March 7, 2007, at 10:00 a.m. (prevailing local time) the Sheriff of Cumberland County, Pennsylvania will sell the real property, together with all improvements thereon, that is located at 8 Megan Court, New Cumberland, Cumberland County, Pennsylvania. The real property is more fully described in the attached legal description. This sale will take place in the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013. The owners or reputed owners of the real property are MATTHEW S. TUCCI and SuANN M. TUCCI. This sale is being held pursuant to a writ of execution issued on the judgment entered in favor of the above Plaintiff and against the above Defendants, which judgment is indexed to Docket No. 05-4095 Civil Term of the Court of Common Pleas of Cumberland County, Pennsylvania. A SCHEDULE OF DISTRIBUTION showing who will receive the proceeds of the sale will be posted in the Office of the Sheriff of Cumberland County, Pennsylvania, within thirty (30) days after the sale date, and distribution will be made in accordance with such Schedule unless you or someone else objects to the proposed distribution by 9700-265-05R 11/13/06 J- No. 0*-4095 Civil Term filing exceptions to it within ten (10) days after the posting of such Schedule. Information about the Schedule of Distribution may be obtained from the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013. NOTICE IS HEREBY GIVEN THAT THE ABOVE DESCRIBED PROPERTY IS BEING SOLD OR TAKEN TO PAY THE ABOVE REFERENCED JUDGMENT. Any interest you have in the above property may be forever lost or otherwise impaired if you do not promptly take action to protect such interest. You may have legal rights to prevent any interest you have in the above property from being lost or otherwise impaired. For example, before the Sheriffs Sale, you may file a Petition with the Cumberland County, Pennsylvania, Court of Common Pleas to open or strike the above judgment, or to stay or set aside the Sheriffs Sale, if you feel you have a defense or objection to the judgment, the execution procedures used, or for any other proper causes. After the Sheriffs Sale but before delivery of the Sheriffs deed to the real property, a petition to set aside the Sheriffs sale for a grossly inadequate price, or for any other proper causes, also may be filed with said Court. You also may have the right to free legal help. A lawyer can advise you more specifically of these and other rights you may have regarding the above matters. If you wish to exercise your rights, however, you must act promptly. 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 FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 800-990-9108 Dated: 101?')/dl ZIMMERMAN, PFANNEBECKER, NUFFORT & ALBERT, LLP Barry N. H?ndwerger, Esquire Attorney for Plaintiff Attorney I.D. No. 16044 22 South Duke Street Lancaster, PA 17602 (717) 299-0711 -2- 9700-265-05R 10/26/06 No. 05-4095 Civil Term 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 28 on the hereinafter mentioned plan of lots; thence along said right-of-way line of Megan Court, North thirty-three degrees thirty-nine minutes twenty-three seconds East (N 33139'23" E), a distance of sixteen and seventy-seven 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 degrees forty-five minutes four seconds East ( N 57°45'4" E), and a radius of twenty-five (25.00) feet for an arc length of twenty-one and three 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 degrees twelve minutes sixteen seconds East (N 46°12'16" E) and a radius of fifty (50.00) feet for an arc length of sixty-two and twenty-one hundredths (62.21) feet to a point; thence along the dividing line between the premises herein described and Lot 30 on the hereinafter mentioned plan of lots, South seventy-nine degrees twenty-six minutes fourteen seconds East (S 79°26'14" E), a distance of one hundred twenty-four and fifty-five 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 degrees twenty-four minutes thirty-two seconds East (S 34°24'32" E) and a radius of nine thousand five hundred ninety-nine and thirty hundredths (9,599.30) feet for an arc length of fifty and eighty-one hundredths (50.81) feet to a point; thence along the dividing line between the premises herein described and Lots 26 and 27 on the hereinafter mentioned plan of lots, South sixty degrees thirty-one minutes thirty-four seconds West (S 60°31'34" W), a distance of one hundred sixteen and fifty-nine hundredths (116.59) feet to a point; thence along the dividing line first above mentioned, North sixty-four degrees seventeen minutes thirty-eight seconds West (N 64°17'38" W), a distance of one hundred thirty-one and twenty-six hundredths (131.26) feet to a point, the point and place of BEGINNING. BEING LOT 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 fifteen thousand two hundred seventeen and two hundred eighty-one thousandths (15,217.281) square feet. UNDER AND SUBJECT TO all applicable restrictions, reservations, easements, and rights-of-way of 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 Miscellaneous Book Volume 301, page 372 and the Amendment thereto dated August 19, 1985, and recorded on August 20, 1985, in the Office aforesaid in Miscellaneous Book Volume 308, page 372. -3- 9700-265-05R 11/13/06 No. 054095 Civil Term ALSO UNDER AND SUBJECT TO two sanitary sewer easements and a drainage easement. BEING THE SAME PREMISES which Homestead Service Corporation, a Pennsylvania corporation, by Deed dated April 20, 1987 and recorded April 21, 1987 in the office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book P, Volume 32, Page 616, granted and conveyed unto Matthew S. Tucci and Su Ann M. Tucci, husband and wife, their heirs and assigns. SEIZED IN EXECUTION as the property of MATTHEW S. TUCCI and SuANN M. TUCCI on Judgment Number 2005-0495. -4- 9700-265-05R 11/13/06 EXHIBIT "D" U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAYBE USED FOR DON---'^ '^' 'T^^ ^ ' ^^^^ •'^- r 1 r PROVIDE FOR INSURAP ytj Received From: Zimmerman, Pfannebecker, Nuffort & Albert, LLP a? 22 South Duke Street a 9L Lancaster, PA 17602 .t ti ,; acin a One piece of ordinary r q,' -- •- j s ?? Pennsylvania Departmen o ever` a? Bureau of Compliance Department 280946 Harrisburg, PA 17128-0946 " x..i 47 I? PS Form 3817, January 20015 U.S. POSTAL SERVICE CERTIFICATE OF MAILING ####*######## MAY BE USED FOR DOMOCT11 PROVIDE FOR INSURA' l ^ ^' 1 1 1 lilt Received From: Zimmerman, Pfannebecker, LO 9 Nuffort & Albert, LLP" a4 0 22 South Duke Street © a Lancaster, PA 17602 j a J' t11 f er One piece of ordinary ..,??.u ?, ? • 7f Farmers First Bank p C/o Susquehanna Bank PA '41 " a0C, 1570 Manheim Pikes P.O. Box 3300 4 Lancaster, PA 17604-3300'; ?. PS Form 3817, January 2001 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAYBE USED FOR DOx.-.._.^ PROVIDE FOR INSURP Zimmerman, Pfannebecker, a . Received From: Nuffort & Albert, LLP cr 22 South Duke Street Lancaster, PA 17602 `cJ C }r One piece of ordinar a CC - ' ' ! +{ v/yry O Central Savings and Loa socia0$ go c/o Susquehanna Bank P 1570 Manheim Pike ASPS -P.O. Box 3300 ; t E .:1 Lancaster, PA 17604-3300 `z CL PS Form 3817, January 2001 ?.i 7 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMFCTlr AMn iniTCPK-11-1 .^ ." PROVIDE FOR INSURA' r « '^T ## #*####I### ?! t Received From: Zimmerman, Pfannebecker Nuffort & Albert, LLP 22 South Duke Street c? Lancaster, PA 1760 z ?JAN !!r .3 One piece of ordinary --" ' "-- - a ` e 1 W CO U Harrisburg Belco F.C.U. 3500 Trindle Road MCD a-,r ; , ! ?. Camp Hill, PA 17011-4463 PS Form 3817, January 2001 ty U.S. POSTAL SERVICE CERTIFICATE OF MAILING ,y #$######arr MAT t3L USED FOR PROVIDE FOR INSUR y° Zimmerman, Pfannebec." El Received From: Nuffort & Albert, LLP 22 South Duke Street <C J4A' Lancaster, PA 17602 I , One piece of ordinary ?? _?+?+-?--tea •?''ennsylvania Housing Finan`Z:e-Agency Homeowner's Emergency Assistance Program 2101 North Front Street P.O. Box 15530 Harrisburg, PA 17105-5530 PS Form 3817, January 2001 I U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMFSTnr enin 1AITCOni 11-1- ...., r. .., PROVIDE FOR INSURAt Received From: Zimmerman, Pfanne?keF, Nuffort & Albert, 10 lcl? 22 South Duke S t Lancaster, PA JAI One piece of ordinary / .s P ,r V J Commerce Bank/Harrisburg N.A. 100 Senate Avenue Camp Hill, PA 17011 PS Form 3817, January 2001 !!t L.d) ? C Q W? 4,4 UjM h Co `r a00 ?? a 4 J ?'7 7R 1NtRftf f9#'?>t## # ttt vim to a i o ? z U .S. POSTAL SERVICE CERTIFICATE OF MAILING MAYBE USED FOR DOM-' PROVIDE FOR INSURA' Received From.. Zimmerman, Pfannebecker, Nuffort & Albert, LLP 22 South Duke Stre V Lancaster, PA 176 r J AK One piece of ordinary U.S. Treasury Depart ' Pittsburgh Office, Room 808 1000 Liberty Avenue Pittsburgh, PA 15222-9974 PS Form 3817, January 2001 111 Uj LO 01 Oj 111 ? %Nlb F Ujo A R ? a di 1 4? 'Q 7 U.S. POSTAL SERVICE CERTIFICATE OF MAILING ******* MAY BE USED FOR DOI PROVIDE FOR INSURAI - - 1 1 1 Zimmerman, Pfannebe*sr, \ In Fd- Received From: y Nuffort & Albert, LLP t cr o 22 South Duke Street ' ? a ? ? Lancaster, PA 17602 111 /... - one piece of ordinary r The United States of America s Lo CD c/o The Honorably Alberto R. Gonzal a? Attorney General of the United State: artment of Justice De U S p . . 950 Pennsylvania Avenue, NW Washington, DC 20530-0001 (L PS Form 3817, January 2001 U.S. POSTAL SERVICE CERTIFICATE OF MAILING 1NtM?it1 MAY BE USED FOR DC***1rFC-1w PROVIDE FOR INSURE Zimmerman, Pfannebe Received From: N uffort & Albert, LLP-: ? ;' Lc" 22 South Duke Str Lancaster, PA 17 0 l_- w One piece ofordinan Thomas A. Marino, E?e Y U.S. Attorney for the Middle District of Pennsylvania William J. Nealon Federal Building 235 North Washington Avenue Scranton, PA 18501 - Ful 111 40 1 1, January LUui e ?;F;, d U.S. POSTAL SERVICE CERTIFICATE OF MAILING t r y??? MAY BE USED FOR DO' PROVIDE FOR INSUR/ Pfannebecker, Zimmerman ?g , Received From: Nuffort & Albert, LLP 22 South Duke Street Lancaster, PA 17602 CC Lo a Uj C" d One piece of ordinary ?'? 'r • W? ? o ss i ?'W+? off. cm Cumberland County Tax Claim Burea 1 Courthouse Square Carlisle, PA 17013 1 ??? ?/ PS Form 3817, January 200 " EXHIBIT "E" Barry N. Handwerger, Esquire Attorney I.D. No. 72975 Zimmerman, Pfannebecker, Nuffort & Albert, LLP 22 South Duke Street Lancaster, PA 17602 (717) 299-0711 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION--MORTGAGE FORECLOSURE CENTRAL SAVINGS AND LOAN ASSOCIATION, n/k/a SUSQUEHANNA BANK PA, Plaintiff, vs. No. 05-4095 Civil Term MATTHEW S. TUCCI and SuANN M. TUCCI, and THE UNITED STATES OF AMERICA, Defendants. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TAKE NOTICE that on Wednesday, March 7, 2007, at 10:00 a.m. (prevailing local time) the Sheriff of Cumberland County, Pennsylvania will sell the real property, together with all improvements thereon, that is located at 8 Megan Court, New Cumberland, Cumberland County, Pennsylvania. The real property is more fully described in the attached legal description. This sale will take place in the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013. The owners or reputed owners of the real property are MATTHEW S. TUCCI and SuANN M. TUCCI. This sale is being held pursuant to a writ of execution issued on the judgment entered in favor of the above Plaintiff and against the above Defendants, which judgment is indexed to Docket No. 05-4095 Civil Term of the Court of Common Pleas of Cumberland County, Pennsylvania. A SCHEDULE OF DISTRIBUTION showing who will receive the proceeds of the sale will be posted in the Office of the Sheriff of Cumberland County, Pennsylvania, within thirty (30) days after the sale date, and distribution will be made in accoedance with such Schedule unless you or someone else objects to the proposed distribution by 9700-265-05R 11/13/06 No. 0.*-4095 Civil Term filing exceptions to it within ten (10) days after the posting of such Schedule. Information about the Schedule of Distribution may be obtained from the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013. NOTICE IS HEREBY GIVEN THAT THE ABOVE DESCRIBED PROPERTY IS BEING SOLD OR TAKEN TO PAY THE ABOVE REFERENCED JUDGMENT. 6ny interest you have in the above property may be forever lost or otherwise impaired if you do not promptly take action to protect such interest. You may have legal rights to prevent any interest you have in the above property from being lost or otherwise impaired. For example, before the Sheriffs Sale, you may file a Petition with the Cumberland County, Pennsylvania, Court of Common Pleas to open or strike the above judgment, or to stay or set aside the Sheriffs Sale, if you feel you have a defense or objection to the judgment, the execution procedures used, or for any other proper causes. After the Sheriffs Sale but before delivery of the Sheriffs deed to the real property, a petition to set aside the Sheriffs sale for a grossly inadequate price, or for any other proper causes, also may be filed with said Court. You also may have the right to free legal help. A lawyer can advise you more specifically of these and other rights you may have regarding the above matters. If you wish to exercise your rights, however, you must act promptly. 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 FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 800-990-9108 Dated: /V?.3o/G 9700-265-05R 10/26/06 ZIMMERMAN, PFANNEBECKER, NUFFORT & ALBERT, LLP 3any N. 1-16fidwerger, Esquire Attorney for Plaintiff Attorney I.D. No. 16044 22 South Duke Street Lancaster, PA 17602 (717) 299-0711 -2- No. 05-4095 Civil Term 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 28 on the hereinafter mentioned plan of lots; thence along said right-of-way line of Megan Court, North thirty-three degrees thirty-nine minutes twenty-three seconds East (N 3303923" E), a distance of sixteen and seventy-seven 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 degrees forty-five minutes four seconds East ( N 57°45'4" E), and a radius of twenty-five (25.00) feet for an arc length of twenty-one and three 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 degrees twelve minutes sixteen seconds East (N 46°12'16" E) and a radius of fifty (50.00) feet for an arc length of sixty-two and twenty-one hundredths (62.21) feet to a point; thence along the dividing line between the premises herein described and Lot 30 on the hereinafter mentioned plan of lots, South seventy-nine degrees twenty-six minutes fourteen seconds East (S 79°26'14" E), a distance of one hundred twenty-four and fifty-five 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 degrees twenty-four minutes thirty-two seconds East (S 34°24'32" E) and a radius of nine thousand five hundred ninety-nine and thirty hundredths (9,599.30) feet for an arc length of fifty and eighty-one hundredths (50.81) feet to a point; thence along the dividing line between the premises herein described and Lots 26 and 27 on the hereinafter mentioned plan of lots, South sixty degrees thirty-one minutes thirty-four seconds West (S 60°31'34" W), a distance of one hundred sixteen and fifty-nine hundredths (116.59) feet to a point; thence along the dividing line first above mentioned, North sixty-four degrees seventeen minutes thirty-eight seconds West (N 64°17'38" W), a distance of one hundred thirty-one and twenty-six hundredths (131.26) feet to a point, the point and place of BEGINNING. BEING LOT 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 fifteen thousand two hundred seventeen and two hundred eighty-one thousandths (15,217.281) square feet. UNDER AND SUBJECT TO all applicable restrictions, reservations, easements, and rights-of-way of 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 Miscellaneous Book Volume 301, page 372 and the Amendment thereto dated August 19, 1985, and recorded on August 20, 1985, in the Office aforesaid in Miscellaneous Book Volume 308, page 372. -3- 9700-265-05R 11/13/06 No. 05-4095 Civil Term ALSO UNDER AND SUBJECT TO two sanitary sewer easements and a drainage easement. BEING THE SAME PREMISES which Homestead Service Corporation, a Pennsylvania corporation, by Deed dated April 20, 1987 and recorded April 21, 1987 in the office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book P, Volume 32, Page 616, granted and conveyed unto Matthew S. Tucci and Su Ann M. Tucci, husband and wife, their heirs and assigns. SEIZED IN EXECUTION as the property of MATTHEW S. TUCCI and SuANN M. TUCCI on Judgment Number 2005-0495. -4- 9700-265-05R 11/13/06 r U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR PH =CTIP AMn 1MTF0NATInh1A1 MALI nnFC MnT PROVIDE FOR INSI Received From: Zimmerman, Pfannebe'ciit6 8 Nuffort & Albert, LLI? 22 South Duke Str N Lancaster, PA 174 M &0 One piece of ordin ' ' ?? ?ti N, Belco Community Credit Union 403 North 2nd Street Harrisburg, PA 17108 PS Form 3817, January 2001 1!! su 0 D E a' U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR D( '-'-' - PROVIDE FOR INSUR Zimmerman, Pfannebecker,_ _ c Received From: Nuffort & Albert, LLP 0 22 South Duke Street Lancaster, PA 17602,` N tr! g c> One piece of ordinar Sl? i @ ya ank/Harris b N:A-- Commerce Bank/Harris! Commerce Center 3801 Paxton Street a(,' aF Harrisburg, PA 17111',?, a PS Form 3817, January 2001 EXHIBIT "F" ORIGIK Barry N. Handwerger, Esquire Attorney I.D. No. 72975 Zimmerman, Pfannebecker, Nuffort & Albert, LLP 22 South Duke Street Lancaster, PA 17602 (717) 299-0711 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION--MORTGAGE FORECLOSURE CENTRAL SAVINGS AND LOAN ASSOCIATION, n/k/a SUSQUEHANNA BANK PA, Plaintiff, vs. No. 05-4095 Civil Term MATTHEW S. TUCCI and SuANN M. TUCCI, and THE UNITED STATES OF AMERICA, Defendants. AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 CENTRAL SAVINGS AND LOAN ASSOCIATION, now known as SUSQUEHANNA BANK PA, Plaintiff in the above action, sets forth as of the date the Praecipe for the writ of execution was filed the following information concerning the real property located at 8 Megan Court, Borough of New Cumberland, County of Cumberland, Pennsylvania as is more fully described in the legal description attached hereto. 1. Name and address of the owner(s) or reputed owner(s): NAME: ADDRESS: Matthew S. Tucci 8 Megan Court New Cumberland, PA 17070 SuAnn M. Tucci 8 Megan Court New Cumberland, PA 17070 9700-265-05R 1/30/07 IK'AMM No. 05-4095 Civil Term 2 3. 9700-265-05R 1130107 Name and address of Defendant(s) in the judgment: NAME: Matthew S. Tucci SuAnn M. Tucci ADDRESS: 8 Megan Court New Cumberland, PA 17070 8 Megan Court New Cumberland, PA 17070 Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: NAME: Central Savings and Loan Association, now known as Susquehanna Bank PA ADDRESS: 1570 Manheim Pike P.O. Box 3300 Lancaster, PA 17604-3300 Harrisburg Belco F.C.U Pennsylvania Department of Revenue Bureau of Compliance Farmers First Bank c/o Susquehanna Bank PA Belco Community Credit Union 3500 Trindle Road Camp Hill, PA 17011-4463 Department 280946 Harrisburg, PA 17128-0946 1570 Manheim Pike P.O. Box 3300 Lancaster, PA 17604-3300 403 North 2nd Street Harrisburg, PA 17108 Commerce Bank/Harrisburg, N.A. Commerce Center 3801 Paxton Street Harrisburg, PA 17111 -2- No. 05-4095 Civil Term 4. 5. 9700-265-05R 1/30/07 Name and address of the last recorded holder of every mortgage of record: NAME: ADDRESS: Central Savings and Loan Association Harrisburg Belco F.C.U. c/o Susquehanna Bank PA 1570 Manheim Pike P.O. Box 3300 Lancaster, PA 17604-3300 3500 Trindle Road Camp Hill, PA 17011-4463 Pennsylvania Housing Finance 2101 North Front Street Agency Homeowner's P.O. Box 15530 Emergency Assistance Program Harrisburg, PA 17105-5530 Commerce Bank/Harrisburg N.A. 100 Senate Avenue Camp Hill, PA 17011 Commerce Bank/Harrisburg, N.A. Commerce Center 3801 Paxton Street Harrisburg, PA 17111 Name and address of every other person who has any record lien on the property: NAME: U.S. Treasury Department ADDRESS: Pittsburgh Office, Room 808 1000 Liberty Avenue Pittsburgh, PA 15222-9974 The United States of America c/o The Honorably Alberto R. Gonzales Attorney General of the United States U.S. Department of Justice 950 Pennsylvania Avenue, NW Washington, DC 20530-0001 Thomas A. Marino, Esquire U.S. Attorney for the Middle District of Pennsylvania William J. Nealon Federal Building 235 North Washington Avenue Scranton, PA 18501 -3- No. 05-4095 Civil Term Cumberland County Tax Claim 1 Courthouse Square Bureau Carlisle, PA 17013 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: NAME: None ADDRESS: 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: NAME: ADDRESS: None VERIFICATION I verify that the statements made in the foregoing Affidavit are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. I am the Attorney for the Plaintiff, and as such, I am authorized to execute said Affidavit on its behalf. ZIMMERMAN, PFANNEBECKER, NUFFORT & ALBERT, LLP Dated: I LA ,'-')?- By: Jirfry N. Handwerger, Esquire Attorney for Plaintiff Attorney I.D. No. 16044 22 South Duke Street Lancaster, PA 17602 (717) 299-0711 -4- 9700-265-05R 1/30/07 4 No. 05-4095 Civil Term 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 28 on the hereinafter mentioned plan of lots; thence along said right-of-way line of Megan Court, North thirty-three degrees thirty-nine minutes twenty-three seconds East (N 33°39'23" E), a distance of sixteen and seventy-seven 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 degrees forty-five minutes four seconds East ( N 57°454" E), and a radius of twenty-five (25.00) feet for an arc length of twenty-one and three 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 degrees twelve minutes sixteen seconds East (N 46°12'16" E) and a radius of fifty (50.00) feet for an arc length of sixty-two and twenty-one hundredths (62.21) feet to a point; thence along the dividing line between the premises herein described and Lot 30 on the hereinafter mentioned plan of lots, South seventy-nine degrees twenty-six minutes fourteen seconds East (S 79°26'14" E), a distance of one hundred twenty-four and fifty-five 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 degrees twenty-four minutes thirty-two seconds East (S 34°24'32" E) and a radius of nine thousand five hundred ninety-nine and thirty hundredths (9,599.30) feet for an arc length of fifty and eighty-one hundredths (50.81) feet to a point; thence along the dividing line between the premises herein described and Lots 26 and 27 on the hereinafter mentioned plan of lots, South sixty degrees thirty-one minutes thirty-four seconds West (S 60°31'34" W), a distance of one hundred sixteen and fifty-nine hundredths (116.59) feet to a point; thence along the dividing line first above mentioned, North sixty-four degrees seventeen minutes thirty-eight seconds West (N 64°17'38" W), a distance of one hundred thirty-one and twenty-six hundredths (131.26) feet to a point, the point and place of BEGINNING. BEING LOT 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 fifteen thousand two hundred seventeen and two hundred eighty-one thousandths (15,217.281) square feet. UNDER AND SUBJECT TO all applicable restrictions, reservations, easements, and rights-of-way of 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 Miscellaneous Book Volume 301, page 372 and the Amendment thereto dated August 19, 1985, and recorded on August 20, 1985, in the Office aforesaid in Miscellaneous Book Volume 308, page 372. 9700-265-05R 1/30/07 -5- No. 05-4095 Civil Term ALSO UNDER AND SUBJECT TO two sanitary sewer easements and a drainage easement. BEING THE SAME PREMISES which Homestead Service Corporation, a Pennsylvania corporation, by Deed dated April 20, 1987 and recorded April 21, 1987 in the office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book P, Volume 32, Page 616, granted and conveyed unto Matthew S. Tucci and Su Ann M. Tucci, husband and wife, their heirs and assigns. SEIZED IN EXECUTION as the property of MATTHEW S. TUCCI and SuANN M. TUCCI on Judgment Number 2005-0495. -6- 9700-265-05R 1/30/07 C> ? C7 ., + rrl raj -r_ Gz -0i71 { Cl CrIt ORIGINAL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW PRAECIPE TO SETTLE. SATISFY, DISCONTINUE CENTRAL SAVINGS AND LOAN ASSOCIATION, n/k/a SUSQUEHANNA BANK PA, Plaintiff, vs. MATTHEW S. TUCCI and SuAnn M. TUCCI, and THE UNITED STATES OF AMERICA, Defendant. TO THE PROTHONOTARY: No. 05-4095 Please mark the above matter settled, ended, discontinued and costs paid. OR Please mark the above matter THIS MATTER WAS INDEXED FOR THE FOLLOWING: Arbitration Award (date) Default Judgment (date) Barry N. H Plaintiff(s) uire, Attorney for Lis Pendens (date) Other (date) , Attorney for Defendant(s) , Attorney for NOTE: Signature of Defendant(s) Counsel, Additional Defendant(s) Counsel needed if case has an Additional Defendant, Counterclaim or Crossclaim(s) DISCONTINUANCE CERTIFICATE AND NOW, a 067, suit has been marked as above directe . thonotary 9700-265-05R 5/9/07 a ?. h C .7 r. t ? i' Central Savings and Loan Association, n/k/a Susquehanna Bank PA VS Matthew S. Tucci and Suann M. Tucci and The United States of America In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2005-4095 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Barry Handwerger. Sheriff's Costs: Docketing $30.00 Poundage 128.40 Posting Handbills 15.00 Advertising 15.00 Prothonotary 1.00 Mileage 29.92 Certified Mail 4.64 Levy 15.00 Surcharge 30.00 Law Journal 761.00 Patriot News 636.23 Share of Bills 16.83 $1,683.02 So R. Thomas Kline, Sheriff BY VI C Real Estate Sergeant 1 C& -!?7W & mb 51f(- r .r ' Barry N. Handwerger, Esquire Attorney I.D. No. 72975 Zimmerman, Pfannebecker, Nuffort & Albert, LLP 22 South Duke Street Lancaster, PA 17602 (717) 299-0711 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION--MORTGAGE FORECLOSURE CENTRAL SAVINGS AND LOAN ASSOCIATION, n/k/a SUSQUEHANNA BANK PA, Plaintiff, vs. cop 615 No. X-4095 Civil Term MATTHEW S. TUCCI and SuANN M. TUCCI, and THE UNITED STATES OF AMERICA, Defendants. AFFIDAVIT PURSUANT TO RULE 3129.1 CENTRAL SAVINGS AND LOAN ASSOCIATION, now known as SUSQUEHANNA BANK PA, Plaintiff in the above action, sets forth as of the date the Praecipe for the writ of execution was filed the following information concerning the real property located at 8 Megan Court, Borough of New Cumberland, County of Cumberland, Pennsylvania as is more fully described in the legal description attached hereto. 1. Name and address of the owner(s) or reputed owner(s): NAME: Matthew S. Tucci SuAnn M. Tucci 9700-265-05R 10/30/06 ADDRESS: 8 Megan Court New Cumberland, PA 17070 8 Megan Court New Cumberland, PA 17070 No.4095 Civil Term 2. Name and address of Defendant(s) in the judgment: NAME: ADDRESS: Matthew S. Tucci 8 Megan Court New Cumberland, PA 17070 SuAnn M. Tucci 3. 4. 8 Megan Court New Cumberland, PA 17070 Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: NAME: Central Savings and Loan Association, now known as Susquehanna Bank PA ADDRESS: 1570 Manheim Pike P.O. Box 3300 Lancaster, PA 17604-3300 Harrisburg Belco F.C.U. Pennsylvania Department of Revenue Bureau of Compliance Farmers First Bank c/o Susquehanna Bank PA 3500 Trindle Road Camp Hill, PA 17011-4463 Department 280946 Harrisburg, PA 17128-0946 1570 Manheim Pike P.O. Box 3300 Lancaster, PA 17604-3300 Name and address of the last recorded holder of every mortgage of record: NAME: Central Savings and Loan Association ADDRESS: c/o Susquehanna Bank PA 1570 Manheim Pike P.O. Box 3300 Lancaster, PA 17604-3300 Harrisburg Belco F.C.U. 3500 Trindle Road Camp Hill, PA 17011-4463 -2- 9700-265-05R 10/30/06 CS No.0-4095 Civil Term 5 6. Pennsylvania Housing Finance 2101 North Front Street Agency Homeowner's P.O. Box 15530 Emergency Assistance Program Harrisburg, PA 17105-5530 Commerce Bank/Harrisburg N.A. 100 Senate Avenue Camp Hill, PA 17011 Name and address of every other person who has any record lien on the property: NAME: U.S. Treasury Department ADDRESS: Pittsburgh Office, Room 808 1000 Liberty Avenue Pittsburgh, PA 15222-9974 The United States of America c/o The Honorably Alberto R. Gonzales Attorney General of the United States U.S. Department of Justice 950 Pennsylvania Avenue, NW Washington, DC 20530-0001 Thomas A. Marino, Esquire U.S. Attorney for the Middle District of Pennsylvania William J. Nealon Federal Building 235 North Washington Avenue Scranton, PA 18501 Cumberland County Tax Claim 1 Courthouse Square Bureau Carlisle, PA 17013 Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NAME: AnnRF.q.q- None 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: NAME: None 9700-265-05R 10/30/06 -3- ADDRESS: 6S No.,04-4095 Civil Term VERIFICATION I verify that the statements made in the foregoing Affidavit are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. I am the Attorney for the Plaintiff, and as such, I am authorized to execute said Affidavit on its behalf. ZIMMERMAN, PFANNEBECKER, NUFFORT & ALBERT, LLP Dated: BY: _. rHan , rry N dwerger, Esquire AttornePlaintiff Attorney I.D. No. 16044 22 South Duke Street Lancaster, PA 17602 (717) 299-0711 -4- 9700-265-05R 10/30/06 ts No ,"-4095 Civil Term 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 28 on the hereinafter mentioned plan of lots; thence along said right-of-way line of Megan Court, North thirty-three degrees thirty-nine minutes twenty-three seconds East (N 33139'23" E), a distance of sixteen and seventy-seven 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 degrees forty-five minutes four seconds East ( N 57°45'4" E), and a radius of twenty-five (25.00) feet for an arc length of twenty-one and three 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 degrees twelve minutes sixteen seconds East (N 46°12'16" E) and a radius of fifty (50.00) feet for an arc length of sixty-two and twenty-one hundredths (62.21) feet to a point; thence along the dividing line between the premises herein described and Lot 30 on the hereinafter mentioned plan of lots, South seventy-nine degrees twenty-six minutes fourteen seconds East (S 79°26'14" E), a distance of one hundred twenty-four and fifty-five 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 degrees twenty-four minutes thirty-two seconds East (S 34°24'32" E) and a radius of nine thousand five hundred ninety-nine and thirty hundredths (9,599.30) feet for an arc length of fifty and eighty-one hundredths (50.81) feet to a point; thence along the dividing line between the premises herein described and Lots 26 and 27 on the hereinafter mentioned plan of lots, South sixty degrees thirty-one minutes thirty-four seconds West (S 60°31'34" W), a distance of one hundred sixteen and fifty-nine hundredths (116.59) feet to a point; thence along the dividing line first above mentioned, North sixty-four degrees seventeen minutes thirty-eight seconds West (N 64°17'38" W), a distance of one hundred thirty-one and twenty-six hundredths (131.26) feet to a point, the point and place of BEGINNING. BEING LOT 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 fifteen thousand two hundred seventeen and two hundred eighty-one thousandths (15,217.281) square feet. UNDER AND SUBJECT TO all applicable restrictions, reservations, easements, and rights-of-way of 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 Miscellaneous Book Volume 301, page 372 and the Amendment thereto dated August 19, 1985, and recorded on August 20, 1985, in the Office aforesaid in Miscellaneous Book Volume 308, page 372. -5- 9700-265-05R 10/30/06 6S No. -4095 Civil Term ALSO UNDER AND SUBJECT TO two sanitary sewer easements and a drainage easement. BEING THE SAME PREMISES which Homestead Service Corporation, a Pennsylvania corporation, by Deed dated April 20, 1987 and recorded April 21, 1987 in the office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book P, Volume 32, Page 616, granted and conveyed unto Matthew S. Tucci and Su Ann M. Tucci, husband and wife, their heirs and assigns. SEIZED IN EXECUTION as the property of MATTHEW S. TUCCI and SuANN M. TUCCI on Judgment Number 2005-0495. -6- 9700-265-05R 10/30/06 Barry N. Handwerger, Esquire Attorney I.D. No. 72975 Zimmerman, Pfannebecker, Nuffort & Albert, LLP 22 South Duke Street Lancaster, PA 17602 (717) 299-0711 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION--MORTGAGE FORECLOSURE CENTRAL SAVINGS AND LOAN ASSOCIATION, n/k/a SUSQUEHANNA BANK PA, Plaintiff, vs. No.-4095 Civil Term MATTHEW S. TUCCI and SuANN M. TUCCI, and THE UNITED STATES OF AMERICA, Defendants NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TAKE NOTICE that on Wednesday, March 7, 2007, at 10:00 a.m. (prevailing local time) the Sheriff of Cumberland County, Pennsylvania will sell the real property, together with all improvements thereon, that is located at 8 Megan Court, New Cumberland, Cumberland County, Pennsylvania. The real property is more fully described in the attached legal description. This sale will take place in the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013. The owners or reputed owners of the real property are MATTHEW S. TUCCI and SuANN M. TUCCI. This sale is being held pursuant to a writ of execution issued on the judgment entered in favor of the above Plaintiff and against the above Defendants, which judgment is indexed to Docket No.JX-4095 Civil Term of the Court of Common Pleas of Cumberland County, Pennsylvania. A SCHEDULE OF DISTRIBUTION showing who will receive the proceeds of the sale will be posted in the Office of the Sheriff of Cumberland County, Pennsylvania, within thirty (30) days after the sale date, and distribution will be made in accordance with such Schedule unless you or someone else objects to the proposed distribution by 9700-265-05R 10/26/06 No. -4095 Civil Term filing exceptions to it within ten (10) days after the posting of such Schedule. Information about the Schedule of Distribution may be obtained from the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013. NOTICE IS HEREBY GIVEN THAT THE ABOVE DESCRIBED PROPERTY IS BEING SOLD OR TAKEN TO PAY THE ABOVE REFERENCED JUDGMENT. &ny interest you have in the above property may be forever lost or otherwise impaired if you do not promptly take action to protect such interest. You may have legal rights to prevent any interest you have in the above property from being lost or otherwise impaired. For example, before the Sheriffs Sale, you may file a Petition with the Cumberland County, Pennsylvania, Court of Common Pleas to open or strike the above judgment, or to stay or set aside the Sheriffs Sale, if you feel you have a defense or objection to the judgment, the execution procedures used, or for any other proper causes. After the Sheriffs Sale but before delivery of the Sheriffs deed to the real property, a petition to set aside the Sheriffs sale for a grossly inadequate price, or for any other proper causes, also may be filed with said Court. You also may have the right to free legal help. A lawyer can advise you more specifically of these and other rights you may have regarding the above matters. If you wish to exercise your rights, however, you must act promptly. 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 FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 800-990-9108 Dated: i0.3')4/' 9700-265-05R 10/26/06 ZIMMERMAN, PFANNEBECKER, NUFFORT & ALBERT, LLP Attorney I.D. No. 16044 '3arry N. 1-146dwerger, Esquire Attorney for Plaintiff 22 South Duke Street Lancaster, PA 17602 (717) 299-0711 -2- 05 No.,P4-4095 Civil Term 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 28 on the hereinafter mentioned plan of lots; thence along said right-of-way line of Megan Court, North thirty-three degrees thirty-nine minutes twenty-three seconds East (N 33139'23" E), a distance of sixteen and seventy-seven 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 degrees forty-five minutes four seconds East ( N 57°45'4" E), and a radius of twenty-five (25.00) feet for an arc length of twenty-one and three 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 degrees twelve minutes sixteen seconds East (N 46°12'16" E) and a radius of fifty (50.00) feet for an arc length of sixty-two and twenty-one hundredths (62.21) feet to a point; thence along the dividing line between the premises herein described and Lot 30 on the hereinafter mentioned plan of lots, South seventy-nine degrees twenty-six minutes fourteen seconds East (S 79°26'14" E), a distance of one hundred twenty-four and fifty-five 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 degrees twenty-four minutes thirty-two seconds East (S 34°24'32" E) and a radius of nine thousand five hundred ninety-nine and thirty hundredths (9,599.30) feet for an arc length of fifty and eighty-one hundredths (50.81) feet to a point; thence along the dividing line between the premises herein described and Lots 26 and 27 on the hereinafter mentioned plan of lots, South sixty degrees thirty-one minutes thirty-four seconds West (S 60°31'34" W), a distance of one hundred sixteen and fifty-nine hundredths (116.59) feet to a point; thence along the dividing line first above mentioned, North sixty-four degrees seventeen minutes thirty-eight seconds West (N 64°17'38" W), a distance of one hundred thirty-one and twenty-six hundredths (131.26) feet to a point, the point and place of BEGINNING. BEING LOT 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 fifteen thousand two hundred seventeen and two hundred eighty-one thousandths (15,217.281) square feet. UNDER AND SUBJECT TO all applicable restrictions, reservations, easements, and rights-of-way of 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 Miscellaneous Book Volume 301, page 372 and the Amendment thereto dated August 19, 1985, and recorded on August 20, 1985, in the Office aforesaid in Miscellaneous Book Volume 308, page 372. -3- 9700-265-05R 10/26/06 No.,0--4095 Civil Term ALSO UNDER AND SUBJECT TO two sanitary sewer easements and a drainage easement. BEING THE SAME PREMISES which Homestead Service Corporation, a Pennsylvania corporation, by Deed dated April 20, 1987 and recorded April 21, 1987 in the office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book P, Volume 32, Page 616, granted and conveyed unto Matthew S. Tucci and Su Ann M. Tucci, husband and wife, their heirs and assigns. SEIZED IN EXECUTION as the property of MATTHEW S. TUCCI and SuANN M. TUCCI on Judgment Number 2005-0495. -4- 9700-265-05R 10/26/06 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-4095 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CENTRAL SAVINGS AND LOAN ASSOCIATION, N/K/A SUSQUEHANNA BANK PA, Plaintiff (s) From MATTHEW S. TUCCI AND SUANN M. TUCCI, AND THE UNITED STATES OF AMERICA, (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 $64,543.99 L.L. Interest AT 8.75% PER ANNUM FROM 11/16/05 THROUGH 10/24/06 - $6,163.70 Atty's Comm % Atty Paid $1837.97 THROUGH 10/24/06 - $371.52 Plaintiff Paid Date: NOVEMBER 3, 2006 (Seal) Due Prothy $1.00 Other Costs LATE CHARGES FROM 11116/05 C s R. Long, PrAbnotary By: Deputy REQUESTING PARTY: Name BARRY N. HANDWERGER, ESQUIRE Address: ZIMMERMAN, PFANNEBECKER, NUFFORT & ALBERT 22 SOUTH DUKE STREET LANCASTER, PA 17602 Attorney for: PLAINTIFF Telephone: 717-299-0711 Supreme Court ID No. 72975 Real Estate Sale # 42 On November 07, 2006 the Sheriff levied upon the defendant's interest in the real property situated in New Cumberland Borough, Cumberland County, PA Known and numbered as 8 Megan Court, New Cumberland, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: November 06, 2006 By-.j Real Estate Sergeant S S :8 V L - A01 13 90131 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : ss. 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: January 26, February 2 and February 9, 2007 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 9 day of February, 2007 NOTARIAL SEAL v LOIS E. SNYDER, Notary Public Carlisle Boro, Cumberland County My Commission Expires March 5, 2009 REAL ESTATE SALE NO. 42 Writ No. 2005-4095 Civil Central Savings and Loan Association n/k/a Susquehanna Bank PA VS. Matthew S. Tucci and SuAnn M. Tucci and The United States of America Atty.: Barry Handwerger ALL THAT CERTAIN tract or par- cel 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 q the premises herein described and Lot 28 on the hereinafter mentioned plan of lots; thence along said right- of-way line of Megan Court, North thirty-three degrees thirty-nine min- utes twenty-three seconds East (N 33°39'23" E), a distance of sixteen and seventy-seven hundredths (16.77) feet to a point; thence con- tinuing along the same along the arc of a curve having a chord bearing of North fifty-seven degrees forty- five minutes four seconds East (N 57°45'4" E), and a radius of twenty- five (25.00) feet for an arc length of twenty-one and three hundredths (21.03) feet to a point; thence con- tinuing along the same along the arc of a curve having a chord bearing of North forty-six degrees twelve minutes sixteen seconds East (N 46012'16" E) and a radius of fifty (50.00) feet for an arc length of sixty- two and twenty-one hundredths (62.21) feet to a point; thence along the dividing line between the prem- ises herein described and Lot 30 on the hereinafter mentioned plan of lots, South seventy-nine degrees twenty-six minutes fourteen sec- dis- onds East (S 79°26' 14" E), a tance of one hundred twenty-four and fifty-five 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 thity-four twenty-four minutes thirty- two seconds East (S 34°24'32" E) and a radius of nine thousand five hundred ninety-nine and thirty hun- dredths (9,599.30) feet for an arc i of ifnity ifJiRa) "S to onee a point. ?C 11mg the ftwh* Une be- tween the premises herein de- scribed and Lots 26 and 27 on the hereinafter mentioned plan of lots, South sixty degrees thirty-one min- utes thirty-four seconds West (S 60°31'34" W), a distance of one hun- dred sixteen and fifty-nine hun- dredths (116.59) feet to a point; thence along the dividing line first above mentioned, North sixty-four degrees seventeen minutes thirty- eight seconds West (N 64017'38" W), a distance of one hundred thirty- one and twenty-six hundredths (131.26) feet to a point, the point and place of BEGINNING. BEING LOT 29 on the Plan of Westover Gardens, which plan is recorded in the Office of the Re- corder of Deeds of Cumberland County, Pennsylvania, in Plan Book 46, page 126. CONTAINING fifteen thousand two hundred seventeen and two hundred eighty-one thousandths (15,217.281) square feet. UNDER AND SUBJECT TO all applicable restrictions, reservations, easements, and rights-of-way of record including but not limited to a Declaration dated December 10, 1984, and recorded on December 10, 1984, in the Office of the Re- corder of Deeds of Cumberland County, Pennsylvania, in Miscella- neous Book Volume 301, page 372 and the Amendment thereto dated August 19, 1985, and recorded on August 20, 1985, in the Office afore- said in Miscellaneous Book Volume 308, page 372. ALSO UNDER AND SUBJECT TO two sanitary sewer easements and a drainage easement. BEING THE SAME PREMISES which Homestead Service Corpora- tion, a Pennsylvania corporation, by .Deed dated April 20, 1987 and re- corded April 21, 1987 in the office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book P. Volume 32, Page 616, granted and conveyed unto Matthew S. Tucci and Su Ann M. Tucci, husband and wife, their heirs and assigns. SEIZED IN EXECUTION as the property of MATTHEW S. TUCCI and SuANN M. TUCCI on Judgment Number 2005-0495. THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared in the 24th and 31st day(s) of January and the 7th day(s) of February 2007. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION ................ .. .. ................................. COPY Sworn to and s i efore me this 26th da of p b ?p 7 SALE #42 COMMONWEALTH 0 PEruSVI?JAAA) Notarial Seal Terry L. Russell, NPublic City Of Harfi?bur&;R D in County nnv 1 nmmi2! n ne 6, 2010 ARY PUBLIC CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 hm A a NLoan Sank PA Vs. O &' ttttt?d l?Wlm U. TWO Altp gwry ALL TIM C 'A>N tray or pm W of WW giftUft in Ifie of a4my (If U*al 314 and n?"Wqft of nove d,?fctdoa?saoy and i at a pow m the way hat el tklwl?m pAwi -it ,61 zs VOPMOVEM w m 06 Of lots; dlewx ? said right-Of-way line of Mwn _ Court, Lfitt"ine 33°39 23 E9 a ' &-fm headaei?k condoning along the same along t!!e ear of a h"* a cbotd bew" of Norm fifty, aem derma *Y-fft e East (N Sr4S* t dad a rm" Of haply-five (? QIIJ M Air an arc i*o of ad thnx (21jop; feet to a poJOC &MM moftv* Aid* lk sOM- dDag [he atc of a I a dwd bearmg of Nq4 forty.,. dWaft *Slft -" wcm* Em (N 46°12' 1G" 1 ? and a V*w of fY (5DA)`feet for au Wr kFO Of siaty4WO and twemy-Ow h (6221) Iced to a point: do w atoeg di"ft rm. bet" d. M .. .dmm*ad ind Lot 36' ° einafter memoeed, Pbot of h*, S"A "et).-nine depoes Nwq-six minmes fourteen seconds Ewt{379"16'14"na 0(m,6UMW Wto : the 1?ne ? no* or kmWy' Of d,4 cur* a ?? sic of a of &)Dtb 6i ty- ed Noflh sraty-fom degecs &itty seconds west (N 64°17'38"W) dislaoee of one hundred &uty- and twenty six hmihedtbs (13126) fed ton po'? tit pow