HomeMy WebLinkAbout08-7180F: \FI LESTlientsW embers1 st l 1470\FILEST urrent\56\ 11470.56. com I
Revised: 12/8/08 0:21PM
t Christopher E. Rice, Esquire
Attorney I.D. No. 90916
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER
MARTSON LAW OFFICES
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
MEMBERS 1'' FEDERAL : IN THE COURT OF COMMON PLEAS OF
CREDIT UNION, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V.
: NO. 08 - r] JgQ CIVIL TERM
LEROY K. GORDON and
KAREN E. GORDON,
Defendants IN MORTGAGE FORECLOSURE
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this Complaint and Notice are
served, by entering a written appearan ce 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 Plaintiffs. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS APER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, GO TO OR ELEPHONE THE OFFICE SET FORTH BELOW. THIS
OFFICE CAN PROVIDE YOU WIT INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCE FEE OR NO FEE:
Cumberland County Bar Association
32 South Bedford Street
C lisle, Pennsylvania 17013
T1lephone (717) 249-3166
MARTSSOppN LAW OFFICES
By: S /Z,
Christopher E. Rice, Esquire
Dated: December 8, 2008
NOTICE REQUIRED UNDER THE FAIR
DEBT COLLECTION PRACTICES ACT,
15 U.S.C. §1601 (AS AMENDED) AND
THE PENNSYL' ANIA UNFAIR TRADE PRACTICES
ACT AND CONSUMER PROTECTION LAW,
73 PA. CON. STAN. ANN. §201, ET SEQ. ("THE ACTS")
To the extent the Acts may apply, please be advised of the following:
1. The amount of the original debt is stated in the Complaint attached hereto.
2. The Plaintiff who is named in the attached Complaint and/or its loan servicing agents are
Creditors to whom the debt is:, owed. The Creditor's law firm, Martson Deardorff Williams
Otto Gilroy & Faller, is filing this Complaint on behalf of the Creditor.
3. The debt described in the Complaint attached hereto and evidenced by the copies of the
mortgage and note will be assumed to be valid by the Creditor's law firm, unless the
Debtor/Mortgagor, within thirity (30) days after receipt of this notice, disputes, in writing, the
validity of the debt or some portion thereof.
4. If the Debtor/Mortgagor notifies the Creditor's law firm in writing within thirty days of the
receipt of this notice that the debt or any portion thereof is disputed, the Creditor's law firm
will obtain verification of the debt and a copy of the verification will be mailed to the Debtor
by the Creditor's law firm.
5. If the Creditor who is named as Plaintiff in the attached Complaint is not the original
Creditor, and if the Debtor/Mortgagor makes written request to the Creditor's law firm
within thirty days from the receipt of this notice, the name and address of the original
Creditor will be mailed to the'Debtor by the Creditor's law firm.
6. Written request should be addressed to:
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER
Attn: Christopher E. Rice, Esquire
10 East High Street
Carlisle, PA 17013
THIS LETTER MAY BE CONSTRUED AS AN ATTEMPT TO COLLECT A DEBT
FOR THE PLAINTIFF AND ANY INFORMATION OBTAINED WILL BE USED
FOR THAT PURPOSE.
l
MEMBERS 1ST FEDERAL : IN THE COURT OF COMMON PLEAS OF
CREDIT UNION, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V.
NO. 08 - 1 F 0 CIVIL TERM
LEROY K. GORDON and
KAREN E. GORDON, ;
Defendants IN MORTGAGE FORECLOSURE
COMPLAINT IN MORTGAGE FORECLOSURE
AND NOW, comes the Plaintiff, MEMBERS 1ST FEDERAL CREDIT UNION, by and
through its attorneys, MARTSON LAW OFFICES, and files this Complaint in Mortgage Foreclosure
upon the following:
1. Plaintiff, Members Pt Federal Credit Union, is a federal credit union with a principal
place of business at 5000 Louise Drive, Mechanicsburg, Cumberland County, Pennsylvania
("Plaintiff').
2. Defendants, Leroy K. Gordon and Karen E. Gordon ("Defendants"), husband and
wife, are adult individuals residing at 186 Booz Road, Shippensburg, Cumberland County,
Pennsylvania, being Lots 3 and 3A according to a Subdivision Plan recorded in the Recorder of
Deeds Office of Cumberland County, Pennsylvania, in Plan Book 92, Page 42 (`?roperty" ).
3. Defendants are the owners of the Property subject to the mortgage described below.
4. On June 16, 2006, Defendants, in consideration of their indebtedness to Plaintiff in
the amount of $483,210.00, made, executed and delivered to Plaintiff a note in favor of Plaintiff, in
the amount of $483,210.00 (the "Note"). A true and correct copy of the Note is attached hereto,
made a part hereof, and marked as Exhibit "A."
5. As security for the performance of their obligations under the Note, Defendants, as
Mortgagors, made, executed and delivered to Plaintiff, as Mortgagee, a mortgage upon the Property
(the "Mortgage"), which Mortgage is recorded in the Office of Recorder of Deeds of Cumberland
County in Mortgage Book 1956, Page 1467. A true and correct copy of the Mortgage is attached
hereto, made a part hereof, and marke as Exhibit "B."
6. The land subject to tie Mortgage is known as and numbered as 186 Booz Road,
Shippensburg, Cumberland County, Pennsylvania, and is more particularly described in the legal
description attached to the Mortgage in Exhibit "B."
7. The Mortgage has not been assigned, but is being serviced byMidwest Loan Services,
Inc.
8. Defendants, as terre-tenants, are the real owner of the Property and Plaintiff knows
of no other persons holding an ownership interest in the property.
9. Beginning with the payment due on September 1, 2007, Defendants have failed to pay
Plaintiff the mortgage payment due.
10. Pursuant to the terms of the Note, Plaintiff has made demand for payment of all sums
due and owing thereunder, but payment has been refused.
11. As authorized under the Mortgage, the loan obligation to Plaintiff from the
Defendants have been accelerated.
12. The amount due and owing as of November 13, 2008, is as follows:
Principal Balance: $480,202.75
Interest past due: $69,195.00
Late Payment Charges: $3,509.66
Escrow Advanced: $9,813.71
Court Costs and fees as recoverable under $500.00
the Mortgage therms, estimated
Attorney's Fees (estimated):' $12,000.00
Total Due as of November 13, 2008: $575,221.12
Plus interest accruing at $91.71 per day
from November 13, 2008 until the
debt is paid in full: $
13. As of November 13, 2908, the amount due and owing from Defendants is the amount
of $575,221.12 plus interest from November 13, 2008, at the rate of $91.73 per day until the debt
is paid in full, additional late charges costs (including additional escrow advances), and attorney
fees.
)
14. Pursuant to the notice provision of Act 6, 41 P.S. § 403, and Act 91, 35 P.S.
1680.403(c), Plaintiff sent a notice o' intention to foreclose said Mortgage and of the mortgage
assistance program by letter dated November 27, 2007, to Defendants by certified mail, return receipt
requested (collectively, the "Notice").
15. Defendants have failed to completely cure the default and failed to meet the time
limitations specified in the Notice.
16. The Mortgage attached as Exhibit "B" is a residential mortgage under the provisions
of the Act of January 30, 1974, P. L. 13, No. 6, 41 P. S. § 101, et seq., as amended.
WHEREFORE, Plaintiff demands judgment in the mortgage foreclosure action against
Defendants in the sum of $575,221.12, plus interest from November 13, 2008, at the rate of $91.73
per day until the debt is paid in full, additional late charges, costs (including additional escrow
advances), and attorney fees.
MARTSON LAW OFFICES
By: 4- !; ' /-?-----
Christopher E. Rice
I.D. No. 90916
Ten East High Street
Carlisle, PA 17013-3093
(717) 243-3341
Date: December 8, 2008 Attorneys for Plaintiff
THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION
OBTAINED WILL BE USED FOR THAT PURPOSE.
EXHIBIT °°A"
NOTE LOAN #:GOR276258
JUNE 16TH, 2006 SHIPPENSBURG
[Date] [City] PA
[State]
LOTS B002 ROAD, SHIPPENSBURG, PA 17257
[Property Address]
I. BORROWER'S PROMISE TO PAY
In return for a loan that I have received, I promise to pay U. S. S 483,210.00 (this amount is called "Principal"),
plus interest, to the order of the Lender. The Lender is MEMBERS 1ST FEDERAL CREDIT UNION
I will make all payments under this Note in the form of cash, check or money order.
1 understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is
entitled to receive payments under this Note is called the "Note Holder."
2. INTEREST
Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly
rate of 6.875 %.
The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(13)
of this Note.
3. PAYMENTS
(A) Time and Place of Payments
I will pay principal and interest by making a: payment every month.
I will make my monthly payment on the 1ST day of each month beginning on JANUARY 1ST, 2007 1 will
make these payments every month until I have paid all of the principal and interest and any other charges described below that I
may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest
before Principal. If, on JUNE 1ST, 2036 , 1 still owe amounts under this Note I will
that date, which is called the "Maturity Date." !Y those amounts in full on
I will make my monthly payments at 5000 LOUISE DRIVE, MECHANICSBURG, PA 17055
or at a different place if required by the Note Holder.
(B) Amount of Monthly Payments
My monthly payment will be in the amount of U.S. S 3,190.67
4. BORROWER'S RIGHT TO PREPAY
I have the right to make payments of Princil
"Prepayment." When I make a Prepayment, I wi
payment as a Prepayment if 1 have not made all th,
I may make a full Prepayment or partial Pre
Prepayments to reduce the amount of Principal
Prepayment to the accrued and unpaid interest
Principal amount of the Note. If I make a partial
monthly payment unless the Note Holder agrees in
MULTISTATE FIXED RATE NOTE-Single Family-Fannla M
?SN (0207) Form 3200 1101
VMP M ORTGAGE FORMS - (000)521.7291
Paps 1 0(3 Initiab;xL Ig
JKZ
I at any time before they are due. A payment of Principal only is known as a
tell the Note Holder in writing that I am doing so. I may not designate a
monthly payments due under the Note.
tyments without paying a Prepayment charge. The Note Holder will use my
that I owe under this Note. However, the Note Holder may apply my
i the Prepayment amount, before applying my Prepayment to reduce the
repayment, there will be no changes in the due date or in the amount of my
vriting to those changes.
Mac UNIFORM INSTRUMENT
S. LOAN CHARGES
If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other
loan charges collected or to be collected in connection with this loan exceed the
shall be reduced by the amount necessary to reduce the charge to the permitted limits' then (a} any such loan charge
me which exceeded permitted limit; and (b) any sums already collected from
permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the
Principal I owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated
as a partial Prepayment.
6. BORROWER'S FAILURE TO PAY AS REQUIRED
(A) Late Charge for Overdue Payments
If the Note Holder has not received the frill amount of any monthly payment by the end of FIFTEEN calendar days
after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5.000 u
my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late ?" of
payment.
(B) Default
If I do not pay the full amount of each monthly payment on the date it is due, I will be in default.
(C) Notice of Default
If I am in default, the Note Holder may send me a written notice telling me that if I do not
certain date, the Note Holder may require me to pay immediately the full amount of Principal which pay the overdue amout by a
has not been paid and all
the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or
delivered by other means.
(D) No Waiver By Note Holder
Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described
above, the Note Holder will still have the right to do so if I am in default at a later time.
(E) Payment of Note Holder's Costs and Expenses
If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to
be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those
expenses include, for example, reasonable attorneys' fees.
7. GIVING OF NOTICES
Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by
delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note
Holder a notice of my different address.
Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first
class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that
different address.
8. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in
this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or ser of this Note is
also obligated to do these things. Any person who takes over these obligations, including the obligations of or
guarantor, surety
or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights
under this Note against each person individually or against all of us together. This means that any one of us may be required to
pay all of the amounts owed under this Note.
9. WAIVERS
I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor.
"Presentment" means the right to require the Note older to demand payment of amounts due. "Notice of Dishonor" means the
right to require the Note Holder to give notice toother persons that amounts due have not been paid.
WN (0207)
Pepe 2 of 3
Form 32((O 1161
Initials:
YW
X10. UNIFORM SECURED NOTE
This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the
Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument"), dated the same date as
this Note, protects the Note Holder from possible losses which might result if 1 do not keep the promises which I make in this
Note. That Security Instrument describes how and under what conditions I may be rewired to make immediate payment in full
of all amounts I owe under this Note. Some of those conditions are described as follows:
If all or any part of the Property for any Interest in the Property is sold or transferred (or if Borrower is
not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written
consent, Lender may require immediate payment in full of all sums secured by this Security Instrument.
However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall
provide a period of not less than 30 days from the date the notice is given in accordance with Section 15
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.
WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED,
(Seal)
VOOY RDON -Borrower
- (Seal)
-Borrower
(Seal)
-Borrower
- (Seal)
Borrower
(Seal)
KAREN E GORDON -Borrower
- (Seal)
-Borrower
- (Seal)
-Borrower
- (Seal)
-Borrower
[Sign Original Only]
(SN (0207)
Paps 3 of 3
Form 3200 1l01
? jrt
LAj
Prepared By:
DANIELLE STEELE
5000 LOUISE DRIVE
MECHANICSBURG, PA
(717) 795-6026
17055
Return To:
MEMBERS 1ST FEDERAL CREDIT ONION
5000 LOUISE DRIVE
MECHANICSBURG, PA 17055
717-795-5177
PWW Ail WAW:
Premises: LOTS BOOZ ROAD
SHIPPENSBURG, PA 17257
777 7. 7'71--r
i?? JU?J 2't R? 3 19
[Space Above T16 Line For fleeordia` Datal
MORTGAGE
DEFINITIONS
Words used in multiple sections of this document are defined below and other words are defined in
Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are
also provided in Section 16.
(A) 'Neenrity Instrument" means this 4ocument, which is dated JUNE 16TH, 2006 ,
together with all Riders to this document.
(B) "Borrower" is LEROY K GORDON AND KAREN E GORDON
Borrower is the mortgagor under this ity Instrument.
(C) "Lender" is MEMBERS 1ST FEDERAL CREDIT UNION
PENNSYLVANIA - Single Family - Fannie N1101Freddis Mae UNIFORM INSTRUMENT Form 3039 1101
"DON 276258
t4(PA) (0500)
Pape 1 of 15 Innlw: L? Ce
VMP Mortgage Solutions. Inc. (600)52 1-
9K1956PG1467
Lender is a FEDERAL CREDIT UNION
organized and existing under the laws o THE UNITED STATES OF AMERICA
Lender's address is 5000 LOUISE DIVE, MECHANICSBURG, PA 17055
Lender is the mortgagee under this Security Instrument.
(D) "Note" means the promissory note signed by Borrower and dated TUNE 16TH, 2006
The Note states that Borrower owes er FOUR HUNDRED EIGHTY THREE THOUSAND TWO
HUNDRED TEN AND NO1100. Dollars
(U. S. S 483,210.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic
A Payments and to pay the debt in full not later than JUNE 1ST, 2036
(E) "Property" means the property than is described below under the heading "Transfer of Rights in the
Property. "
(F) 'Conn" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges
due under the Note, and all sums due under this Security Instrument, plus interest.
(G) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following
Riders are to be executed by Borrower check box as applicable];
? Adjustable Rate Rider ? Condominium Rider ? Second Home Rider
? Balloon Rider ? Plann Unit Development Rider ? 1-4 Family Rider
? VA Rider ? Biweekly Payment Rider ? Other(s) (specify]
(II) "Applicable Law" means all trolling applicable federal, state and local statutes, regulations,
ordinances and administrative rules an orders (that have the effect of law) as well as all applicable final,
non-appealable judicial opinions.
(1) "Community Association Dues, F and Assessments" means all dues, fees, assessments and other
charges that are imposed on Borrow or the Property by a condominium association, homeowners
association or similar organization.
(,) 'Electronic Funds Transfer" any transfer of funds, other than a transaction originated by
check, draft, or similar paper instrum t, which is initiated through an electronic terminal, telephonic
instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit
or credit an account. Such term incl es, but is not limited to, point-of-sale transfers, automated teller
machine transactions, transfers initial,ed by telephone, wire transfers, and automated clearinghouse
transfers.
(K) "Escrow Items" means those items'that are described in Section 3.
(L) 'Miscellaneous Proceeds" means y compensation, settlement, award of damages, or proceeds paid
by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i)
damage to, or destruction of, the Pro ; (ii) condemnation or other taking of all or any part of the
Property; (iii) conveyance in lieu of demnation; or (iv) misrepresentations of, or omissions as to, the
value and/or condition of the Property.
(M) "Mortgage Insurance" means ins4ance protecting Lender against the nonpayment of, or default on,
the Loan.
at" (PA) (a 5os)
Page 2 of 16 FOM 3039 1101
8K 1956PG 1468
(N) "Perlodic Payment" means the regularly scheduled amount due for (i) principal and interest under the
Note, plus (ii) any amounts under Section 3 of this Security Instrument.
(O) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its
implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to
time, or any additional or successor I elation or regulation that governs the sane subject matter. As used
in this Security Instrument, "RESPA" r ere to all requirements and restrictions that are imposed in regard
to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage
loan" under RESPA.
(P) 'Sueeessor in Interest of Borrower" means any party that has taken title to the Property, whether or
not that party has assumed Borrower's obligations under the Note and/or this Security Instrument.
TRANSFER OF RIGHTS IN THE PROPERTY
This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and
modifications of the Note; and (ii) the, performance of Borrower's covenants and agreements under this
Security Instrument and the Note. For (Iris purpose, Borrower does hereby mortgage, grant and convey to
Lender the following described property located in the COUNTY [Type of Recording Jurisdiction]
of CUMBERLAND [Name of Recording Jurisdiction]:
SCHEDULE "A" ATTACHED
which currently has the address of
LOT3 BOOZ ROAD [Street]
SHIPPENSBURG [City], Pennsylvania 17257 [Zip Code]
("Property Address"):
TOGETHER WITH all the im rovements now or hereafter erected on the property, and all
easements, appurtenances, and fnxtur now or hereafter a part of the property. All replacements and
additions shall also be covered by thi Security Instrument. All of the foregoing is referred to in this
Security Instrument as the "Property."
l MMI?N: ??
it-i(PA) losoei "301 to Form 3039 1101
8K1956PG1469
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has
the right to mortgage, grant and convl?}' the Property and that the Property is unencumbered, except for
encumbrances of record. Borrower warl`jarrzs and will defend generally the title to the Property against all
claims and demands, subject to any enbrances of record.
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 real
property.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1. Payment of Principal, Inter t, Escrow Items, Prgmymmt Charges, and Late Charges.
Borrower shall pay when due the pr' .pal of, and interest on, the debt evidenced by the Note and any
prepayment charges and late charges d ' under the Note. Borrower shall also pay funds for Escrow items
pursuant to Section 3. Payments due der the Note and this Security Instrument shall be, made in U.S.
currency. However, if any check or other instrument received by Lender as payment under the Note or this
Security Instrument is returned to Lend' unpaid, Lender may require that any or all subsequent payments
due under the Note and this Security (Instrument be made in one or more of the following forms, as
selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or
cashier's check, provided any such duck is drawn upon an institution whose deposits are insured by a
federal agency, instrumentality, or anti ; or (d) Electronic Funds Transfer.
Payments are deemed received by iLender when received at the location designated in the Note or at
such other location as may be desi by Lender in accordance with the notice provisions in Section 15.
Lender may return any payment or per al payment if the payment or partial payments are insufficient to
bring the Loan current. Lender may ac apt any payment or partial payment insufficient to bring the Loan
current, without waiver of any rights h rounder or prejudice to its rights to refuse such payment or partial
payments in the future, but Lender is n obligated to apply such payments at the time such payments are
accepted. If each Periodic Payment is I applied as of its scheduled due date, then Lender need not pay
interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring
the Loan current. If Borrower does not o so within a reasonable period of time, Lender shall either apply
such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding
principal balance under the Note irnmn=nrmv iately prior to foreclosure. No offset or claim which Borrower
might have now or in the future again Lender shall relieve Borrower from making payments due under
the Note and this Security Instrument o performing the covenants and agreements secured by this Security
Instrument.
2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all
payments accepted and applied by Len er shall be applied in the following order of priority: (a) interest
due under the Note; (b) principal due der the Note; (c) amounts due under Section 3. Such payments
shall be applied to each Periodic P" nit in the order in which it became due. Any remaining amounts
shall be applied first to late charges, scond to any other amounts due under this Security Instrument, and
then to reduce the principal balance of a Note.
If Lender receives a payment fro Borrower for a delinquent Periodic Payment which includes a
sufficient amount to pay any late charg due, the payment may be applied to the delinquent payment and
the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received
from Borrower to the repayment of the (Periodic Payments if, and to the extent that, each payment can be
inarw.: LJ( (-
-i(PAI (ons) Pave 4 of 16 z e Form 3039 1101
8K 1956PG 1 k70
paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or
more Periodic Payments, such excess n* be applied to any late charges due. Voluntary prepayments shall
be applied first to any prepayment duu*es and then as described in the Note.
Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under
the Note shall not extend or postpone thNe due date, or change the amount, of the Periodic Payments.
3. Funds for Escrow Items. Botower shall pay to Lender on the day Periodic Payments are due
under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due
for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a
lien or encumbrance on the Property; (Ib) leasehold payments or ground rents on the Property, if any; (c)
premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance
premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage
Insurance premiums in accordance wi the provisions of Section 10. These items are called "Escrow
Items." At origination or at any time wring the term of the Loan, Lender may require that Community
Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and
assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to
be paid under this Section. Borrower "I pay Lender the Funds for Escrow Items unless Lender waives
Borrower's obligation to pay the F for any or all Escrow Items. Lender may waive Borrower's
obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be
in writing. In the event of such waiver, j Borrower shall pay directly, when and what payable, the amounts
due for any Escrow Items for which pat of Funds has been waived by Lender and, if Lender requires,
shall furnish to Lender receipts evidencing such payment within such time period as Lender may require.
Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to
be a covenant and agreement contained In this Security Instrument, as the phrase "covenant and agreement"
is used in Section 9. If Borrower is ligated to pay Escrow Items directly, pursuant to a waiver, and
Borrower fails to pay the amount due r an Escrow Item, Lender may exercise its rights under Section 9
and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such
amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in
accordance with Section 15 and, upon jlsuch revocation, Borrower shall pay to Lender all Funds, and in
such amounts, that are then required er this Section 3.
Lender may, at any time, collect d hold Funds in an amount (a) sufficient to permit Lender to apply
the Funds at the time specified under SPA, and (b) not to exceed the maximum amount a lender can
require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and
reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable
Law.
The Funds shall be held in an institution whose deposits are insured by a federal agency,
instrumentality, or entity (including L 'der, if Lender is an institution whose deposits are so insured) or in
any Federal Home Loan Bank. Lender 1 apply the Funds to pay the Escrow Items no later than the time
specified under RESPA. Lender shall t charge Borrower for holding and applying the Funds, annually
analyzing the escrow account, or verify ng the Escrow Items, unless Lender pays Borrower interest on the
Funds and Applicable Law permits Le er to make such a charge. Unless an agreement is made in writing
or Applicable Law requires interest to b0 paid on the Funds, Lender shall not be required to pay Borrower
any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest
-4(PA)(oaoe) Page sof1e f6-9- Form 3039 1/01
8K i 956PG 1471
shall be paid on the Funds. Lender sluol give to Borrower, without charge, an annual accounting of the
Funds as required by RESPA.
If there is a surplus of Funds he d in escrow, as defined under RESPA, Lender shall account to
Borrower for the excess funds in accorc am with RESPA. If there is a shortage of Funds held in escrow,
as defined under RESPA, Lender shall 'fy Borrower as required by RESPA, and Borrower shall pay to
Lender the amount necessary to make u the shortage in accordance with RESPA, but in no more than 12
monthly payments. If there is a deficien of Funds held in escrow, as defined under RESPA, Lender shall
notify Borrower as required by RESPA and Borrower shall pay to Lender the amount necessary to make
up the deficiency in accordance with RE?SPA, but in no more than 12 monthly payments.
Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund
to Borrower any Funds held by Lender.
4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions
attributable to the Property which can attain 'priority over this Security Instrument, leasehold payments or
ground rents on the Property, if any, an Community Association Dues, Fees, and Assessments, if any. To
the extent that these items are Escrow It , Borrower shall pay than in the manner provided in Section 3.
Borrower shall promptly discharg any lien which has priority over this Security Instrument unless
Borrower: (a) agrees in writing to the p t of the obligation secured by the lien in a manner acceptable
to Lender, but only so long as Borrow is performing such agreement; (b) contests the lien in good faith
by, or defends against enforcement of a lien in, legal proceedings which in Lender's opinion operate to
prevent the enforcement of the lien wh?le those proceedings are pending, but only until such proceedings
are concluded; or (c) secures from the bider of the lien an agreement satisfactory to Lender subordinating
the lien to this Security Instrument. If der determines that any part of the Property is subject to a lien
which can attain priority over this See ity Instrument, Lender may give Borrower a notice identifying the
lien. Within 10 days of the date on whi that notice is given, Borrower shall satisfy the lien or take one or
more of the actions set forth above in this Section 4. '
Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or
reporting service used by Lender in connection with this Loan.
5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on
the Property insured against loss by fire, hazards included within the term "extended coverage," and any
other hazards including, but not limit to, earthquakes and floods, for which Lender requires insurance.
This insurance shall be maintained in the amounts (including deductible levels) and for the periods that
Lender requires. What Lender requires ursuant to the preceding sentences can change during the term of
the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's
right to disapprove Borrower's choi which right shall not be exercised unreasonably. Lender may
require Borrower to pay, in eonnecti n with this Loan, either: (a) a one-time charge for flood zone
determination, certification and tracki services; or (b) a one-time charge for flood zone determination
and certification services and subsequ charges each time remappings or similar changes occur which
reasonably might affect such determi on or certification. Borrower shall also be responsible for the
payment of any fors imposed by the ederal Emergency Management Agency in connection with the
review of any flood zone determination t sulting from an objection by Borrower.
4%-G(PA) p5oe?
fnrbft: 1.?(y
"B of 16 ?/r M Form 3039 1101
8K 1956PG 1472
If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance
coverage, at Lender's option and Bor ower's expense. Leader is under no obligation to purchase any
particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might
not protect Borrower, Borrower' s equi in the Property, or the contents of the Property, against any risk,
hazard or liability and might provide eater or lesser coverage than was previously in effect. Borrower
acknowledges that the cost of the insu ce coverage so obtained might significantly exceed the cost of
insurance that Borrower could have o ned. Any amounts disbursed by Lender under this Section 5 shall
become additional debt of Borrower ed by this Security Instrument. These amounts shall bear interest
at the Note rate from the date of dis cement and shall be payable, with such interest, upon notice from
Lender to Borrower requesting paymeffl,
All insurance policies required by, Lender and renewals of such policies shall be subject to Lender's
right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as
mortgagee end/or as an additional loss M. Lender shall have the right to hold the policies and renewal
certificates. If Lender requires, Borro shall promptly give to Lender all receipts of paid premiums and
renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender,
for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and
shall name Lender as mortgages and/or an additional loss payee.
In the event of loss, Borrower 1 give prompt notice to the insurance carrier and Lender. Lender
may make proof of loss if not made pr tly by Borrower. Unless Lender and Borrower otherwise agree
in writing, any insurance pr=rof er or not the underlying insurance was required by Lender, shall
be applied to restoration or Property, if the restoration or repair is economically feasible and
Lender's security is not lessened. Duri such repair and restoration period, Lender shall have the right to
hold such insurance proceeds until Leader has had an opportunity to inspect such Property to ensure the
work has boon completed to Lender' satisfaction, provided that such inspection shall be undertaken
promptly. Lender may disburse procce Is for the repairs and restoration in a single payment or in a series
of progress payments as the work is eo feted. Unless an agreement is made in writing or Applicable Law
requires interest to be paid on such ins ance proceeds, Lender shall not be required to pay Borrower any
interest or earnings on such pr Fees for public adjusters, or other third parties, retained by
Borrower shall not be paid out of the ijnsurance proceeds and shall be the sole obligation of Borrower. 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 or not then due, with
the excess, if any, paid to Borrower. S> ch insurance proceeds shall be applied in the order provided for in
Section 2.
If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance
claim and related matters. If Borrower foes not respond within 30 days to a notice from Lender that the
insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day
period will begin when the notice is 'yen. In either event, or if Lender acquires the Property under
Section 22 or otherwise, Borrower eby assigns to Lender (a) Borrower's rights to any insurance
proceeds in an amount not to exceed amounts unpaid under the Note or this Security Instrument, and
(b) any other of Borrower's rights (ol her than the right to any refund of unearned premiums paid by
Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the
coverage of the Property. Lender may d ce the insurance proceeds either to repair or restore the Property or
to pay amounts unpaid under the Note c rthis Security Instrument, whether or not then due.
MVPA) moe)
"leis; L"
Pp. r or 16 ?7p,? Form 3039 1101
Bt1956PG1473
6. Occupancy. Borrower shall py, establish, and use the Property as Borrower's principal
residence within 60 days after the ex ion of this Security Instrument and shall continue to occupy the
Property as Borrower's principal reside we for at least one year after the date of occupancy, unless Lender
otherwise agrees in writing, which t shall not be unreasonably withheld, or unless extenuating
circumstances exist which are beyond rrowee s control.
7. Preservation, Maintenance a d Protection of the Property; Inspections. Borrower shall not
destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the
Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in
order to prevent the Property from iorating or decreasing in value due to its condition. Unless it is
determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall
promptly repair the Property if darn god to avoid further deterioration or damage. If insurance or
condemnation proceeds are paid in oo ection with damage to, or the taking of, the Property, Borrower
shall be responsible for repairing or r ing the Property only if Lender has released proceeds for such
purposes. Lender may disburse proceed - for the repairs and restoration in a single payment or in a series of
progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient
to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of
such repair or restoration.
Lender or its agent may make reasonable entries upon and inspections of the Property. If it has
reasonable cause, Lender may inspect tie interior of the improvements on the Property. Lender shall give
Borrower notice at the time of or prior o such an interior inspection specifying such reasonable cause.
8. Borrower's Loan Applicatio?t. Borrower shall be in default if, during the Loan application
process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's
knowledge or consent gave materially se, misleading, or inaccurate information or status to Lender
(or failed to provide Lender with material information) in connection with the Loan. Material
representations include, but are not li 'teal to, representations concerning Borrower' s occupancy of the
Property as Borrower's principal reside ice.
9. Protection of Lender's Int in the Property and Rights Under this Security Instrument. If
(a) Borrower fails to perform the cover is and agreements contained in this Security Instrument, (b) there
is a legal proceeding that might signi cantly affect Lender's interest in the Property and/or rights under
this Security Instrument (such as a pr ing in bankruptcy, probate, for condemnation or forfeiture, for
enforcement of a lien which may atl n priority over this Security Instrument or to enforce laws or
regulations), or (c) Borrower has abar ned the Property, then Lender may do and pay for whatever is
reasonable or appropriate to protect endee s interest in the Property and rights under this Security
Instrument, including protecting and/o assessing the value of the Property, and securing and/or repairing
the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien
which has priority over this Securi Instrument; (b) appearing in court; and (c) paying reasonable
attorneys' fees to protect its interest in the Property and/or rights under this Security Instrnune t, including
its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to,
entering the Property to make repairs, change locks, replace or board up doors and windows, drain water
from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned
on or off. Although Lender may take aption under this Section 9, Lender does not have to do so and is not
under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all
actions authorized under this Section 9.
Mims:
.$(PA) (9508) P"08 of +s Form 309 1101
8K i 956PG 1474
j
Any amounts disbursed by Lend r under this Section 9 shall become additional debt of Borrower
secured by this Security Instrument. amounts shall bear interest at the Note rate from the date of
disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting
FynIf this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the
lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless
Lender agrees to the merger in writing.
10. Mortgage Insurnom If Lender required Mortgage Insurance as a condition of making the Loan,
Borrower shall pay the premiums r ' red to maintain the Mortgage Insurance in effort. IC for any reason,
the Mortgage Insurance coverage req red by Lender ceemes to be available from the mortgage insurer that
previously provided such insurance Borrower was required to make separately designated payments
toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain
coverage substantially equivalent to Mortgage Insurance previously in effect, at a cost substantially
equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate
mortgage insurer selected by Len If substantially equivalent Mortgage Insurance coverage is not
available, Borrower shall continue to to Lender the amount of the separately designated payments that
were due when the insurance cov c ceased to be in effect. Lender will accept, use and retain these
payments as a non-refundable loss r e in lieu of Mortgage Insurance. Such loss reserve shall be
non-refundable, notwithstanding the that the Loan is ultimately paid in full, and Lender shall not be
required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss
reserve payments if Mortgage Insurw :e coverage (in the amount and for the period that Lender requires)
provided by an insurer selected by der again becomes available, is obtained, and Lander requires
separately designated payments towar the premiums for Mortgage Insurance. If Lender required Mortgage
Insurance as a condition of making Loan and Borrower was required to make separately designated
payments toward the premiums for ortgage Insurance, Borrower shall pay the premiums required to
maintain Mortgage Insurance in a or to provide a non-refundable loss reserve, until Lender's
requirement for Mortgage Insurance ds in accordance with any written agreement between Borrower and
Lender providing for such terminati or until termination is required by Applicable Law. Nothing in this
Section 10 affects Borrower's obligati n to pay interest at the rate provided in the Note.
Mortgage Insurance reimburses k.ender (or any entity that purchases the Note) for certain losses it
may incur if Borrower does not r y the Loan as agreed. Borrower is not a party to the Mortgage
Insurance.
Mortgage insurers evaluate theirtotal risk on all such insurance in force from time to time, and may
enter into agreements with other parts that share or modify their risk, or reduce losses. These agreements
are on terms and conditions that are factory to the mortgage insurer and the other party (or parties) to
these agreements. These agreetnennts require the rnwrtgage insurer to make payments using any source
of fiords that the mortgage insurer y have available (which may include funds obtained from Mortgage
Insurance premiums).
As a result of these agreerrnenrts Lender, any purchaser of the Note, another insurer, any reinsurer,
any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that
derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in
exchange for sharing or modifying he mortgage insurer's risk, or reducing losses. If such agreement
provides that an affiliate of Lender 'takes a share of the insurer's risk in exchange for a share of the
premiums paid to the insurer, the arr gement is often termed "captive reinsurance." Further:
(a) Any such agreements wil not affect the amounts that Borrower has agreed to pay for
Mortgage Insurance, or any other rrna of the Loan. Such agreements will not increase the amount
Borrower will owe for Mortgage In urance, and they will not entitle Borrower to any refund.
at-a(PA) psos) Pop a of Is XT-9 Form 3039 1101
1K 1956PG 1475
(b) Any such agreements will n affect the rights Borrower has - if any - with respect to the
Mortgage Insurance under the Home wners Protection Act of IM or any other law. These rights
may include the right to receive in disclosures, to request and obtain cancellation of the
Mortgage Insurance, to have the Mo ge Insurance terminated automatically, and/or to receive a
refund of any Mortgage Insurance p miums that were unearned at the time of such cancellation or
termination.
11. Assignment of Miscellaneou Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby
assigned to and shall be paid to Lender.
If the Property is damaged, such iscellancous Proceeds shall be applied to restoration or repair of
the Property, if the restoration or r is economically feasible and Lender's security is not lessened.
During such repair and restoration perio 1, Lender shall have the right to hold such Miscellaneous Proceeds
until Lender has had an opportunity to inspect such Property to ensure the work has been completed to
Lender' s satisfaction, provided that sue inspection shall be undertaken promptly. Lauder may pay for the
repairs and restoration in a single di ursement or in a series of progress payments as the work is
completed. Unless an agreement is mad in writing or Applicable Law requires interest to be paid on such
Miscellaneous Proceeds, Lender shall n ot be required to pay Borrower any interest or earnings on such
Miscellaneous Proceeds. If the restorati or repair is not economically feasible or Lender's security would
be lessened, the Miscellaneous Pr ocmda ? shall be applied to the sums secured by this Security Instrument,
whether or not then due, with the ex
,
if any, paid to Borrower. Such Miscellaneous Proceeds shall be
applied in the order provided for in n 2.
In the event of a total taking, ion, or loss in value of the Property, the Miscellaneous
Proceeds shall be applied to the sums se cured by this Security Instrument, whether or not then due, with
the excess, if any, paid to Borrower.
In the event of a partial taking, ction, or loss in value of the Property in which the fair market
value of the Property immediately bef
the partial taking, destruction, or loss in value is equal to or
c the partial taking, destruction, or loss in value is equal to or
greater than the amount of the sums ed
by this Security Instrument immediately before the partial
taking, destruction, or loss in value, less Borrower and Lender otherwise agree in writing, the sums
secured by this Security Instrument 1 be reduced by the amount of the Miscellaneous Proceeds
multiplied by the following fraction: ( ) the total amount of the sums secured immediately before the
partial taking, destruction, or loss inj , value divided by (b) the fair market value of the Property
immediately before the partial taking, ion, or loss in value. Any balance shall be paid to Borrower.
In the event of a partial taking, uction, or loss in value of the Property in which the fair market
value of the Property immediately be a the partial taking, destruction, or loss in value is less than the
amount of the sums secured immediate y before the partial taking, destruction, or loss in value, unless
Borrower and Lender otherwise agree ' writing, the Miscellaneous Proceeds shall be applied to the sums
secured by this Security Instrument what er or not the sums are then due.
If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the
Opposing Patty (as defined in the next writenoc) offers to make an award to settle a claim for damages,
Borrower fails to respond to Lender wit] 'n 30 days after the date the notice is given, Lender is authorized
to collect and apply the Miscellaneous oceeds either to restoration or repair of the Property or to the
sums secured by this Security Instrumen? whether or not then due. "Opposing Party" means the third party
that owes Borrower Miscellaneous Pr or the party against whom Borrower has a right of action in
regard to Miscellaneous Proceeds.
Borrower shall be in default if any
d
' yaction or proceeding, whether civil or criminal, is begun that, in
'
'
Len
er
s judgment, could result in fo tune of the Property or other material impairment of Lender
s
interest in the Property or rights under is Security Instrument. Borrower can cure such a default and, if
acceleration has occurred, reinstate as ovided in Section 19, by causing the action or proceeding to be
xN11NS: L,C?
4R-6(PA) (osoe) P290 10 or rs Form 3039 1f01
8KI956PG1476
dismissed with a ruling that, in Lenderlis judgment, precludes forfeiture of the Property or other material
impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of
any award or claim for damages that ari attributable to the impairment of Lender's interest in the Property
are hereby assigned and shall be paid to ,ender.
All Miscellaneous Proceeds that a not applied to restoration or repair of the Property shall be
applied in the order provided for in on 2.
12. Borrower Not Released; Fo bearance By Lender Not a Waiver. Extension of the time for
payment or modification of amortized of the sums secured by this Security Instrunvw granted by Lender
to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower
or any Successors in Interest of Borrowr. Lender shall not be required to commence proceedings against
any Successor in Interest of Borrower or to 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 any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or
remedy including, without limitation, cndee s acceptance of payments from third persons, entities or
Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or
preclude the exercise of any right or
13. Joint and Several Liability; 0 igners; Successors and Assigns Bound. Borrower covenants
and agrees that Borrower's obligations liability shall be joint and several. However, any Borrower who
co-signs this Security Instrument but not execute the Note (a "co-signer"): (a) is co-signing this
Security Instrument only to mortgage, and convey the co-signer's interest in the Property under the
terms of this Security Instrument; (b) ' not personally obligated to pay the sums secured by this Security
Instrument; and (c) agrees that Lender any other Borrower can agree to extend, modify, forbear or
make any accommodations with regard to the terms of this Security Instrument or the Note without the
co-signer's consent.
Subject to the provisions oJer on 18, any Successor in Interest of Borrower who assumes
Borrower's obligations under this Instrument in writing, and is approved by Lender, shall obtain
all of Borrower's rights and benefthis Security Instrument. Borrower shall not be released from
Borrower's obligations and liabilithis Security Instrument unless Lender agrees to such release in
writing. The covenants and agr of this Security Instrument shall bind (except as provided in
Section 20) and benefit the successors assigns of Lender.
14. Loan C6argesf. Lender may barge Borrower fees for services performed in connection with
Borrower's default, for the purpose of xvtwdng Lender's interest in the Property and rights under this
Security Instrument, including, but not imited to, attorneys' fan, property inspection and valuation fees.
In regard to any other fees, the absence, f express authority in this Security instrument to charge a specific
fee to Borrower shall not be construed a prohibition on the charging of such fee. Lender may not charge
fees that are expressly prohibited by this Security Instrument or by Applicable Law.
If the Loan is subject to a law whi h sets maximum loan charges, and that law is finally interpreted so
that the interest or other loan charges collected or to be collected in connection with the Loan exceed the
permitted limits, then: (a) any such to charge shall be reduced by the amount necessary to reduce the
charge to the permitted limit; and (b) an sums already collected from Borrower which exceeded permitted
limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal
owed under the Note or by making a',direct payment to Borrower. If a refund reduces principal, the
reduction will be treated as a partial prepayment without any prepayment charge (whether or not a
prepayment charge is provided for and the Note). Borrower's acceptance of any such refund made by
direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out
of such overcharge.
15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument
must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to
fteIPA) (osop
mri.%: L-r (r
Paco 11 of 1s Al -1?1 Form 3039 1101
8K I 956PG 1477'
have been given to Borrower when 'led by first class mail or when actually delivered to Borrower's
notice address if sent by other moans. N otice to any one Borrower shall constitute notice to all Borrowers
unless Applicable Law expressly requi otherwise. The notice address shall be the Property Address
unless Borrower has designated a subst tute notice address by notice to Lender. Borrower shall promptly
notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's
change of address, then Borrower shall only report a change of address through that specified procedure.
There may be only one designated n cc address undea this Security Instrument at any one time. Any
notice to Lender shall be given by del eying it or by mailing it by first class mail to Lender's address
stated herein unless Lender has desi another address by notice to Borrower, Any notice in
connection with this Security I shall not be deemed to have been given to Lender until actually
received by Lender. If any notice requ ad by this Security Instrument is also required under Applicable
Law, the Applicable Law requiremen will satisfy the corresponding requirement under this Security
Instrument.
16. Governing Law; Severablli ; Rules of Construction. This Security Instrument shall be
governed by federal law and the law o the jurisdiction in which the Property is located. All rights and
obligations contained in this Security j Instrument are subject to any requirements and limitations of
Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it
might be silent, but such silence shall be construed as a prohibition against agreement by contract. In
the event that any provision or clause f this Security Instrument or the Note conflicts with Applicable
Law, such conflict shall not affect othe r provisions of this Security Instnunent or the Note which can be
given effect without the conflicting pro Mon.
As used in this Security I t: (a) words of the masculine gender shall mean and include
corresponding neuter words or words f the feminine gender; (b) words in the singular shall mean and
include the plural and vice versa; and ( ) the word "may" gives sole discretion without any obligation to
take any action.
17. Borrower's Copy. Borrower all be given one copy of the Note and of this Security Instrument.
18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18,
"Interest in the Property" means any 1 al or beneficial interest in the Property, including, but not limited
to, those beneficial interacts transferred in a bond for deed, contract for deed, installment sales contract or
escrow agreement, the intent of which ' the transfer of title by Borrower at a future date to a purchaser.
If all or any part of the Property o any Interest in the Property is sold or transferred (or if Borrower
is not a natural person and a beneficial Merest in Borrower is sold or transferred) without Lender's prior
written consent, Lender may require ' ninediale payment in full of all sums secured by this Soxxtrity
Instrument. However, this option shal not be exercised by Lender if such exercise is prohibited by
Applicable Law.
If Lender exercises this option, L der shall give Borrower notice of acceleration. The notice shall
provide a period of not less than 30 des from the date the notice is given in accordance with Section 15
within which Borrower must pay all s secured by this Security Instrument. If Borrower fails to pay
these sums prior to the expiration of is period, Lender may invoke any remedies permitted by this
Security Instrument without further noti or demand on Borrower.
19. Borrower's Right to Reins to After Acceleration. If Borrower meets certain conditions,
Borrower shall have the right to have forcemeat of this Security Instrument discontinued at any time
prior to the earliest of: (a) five days be sale of the Property pursuant to any power of sale contained in
this Security Instrument; (b) such o period as Applicable Law might specify for the termination of
Borrower's right to reinstate; or (c) try of a 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 as if no acceler ion had occurred; (b) cures any default of any other covenants or
4R4JPA) tosoe>
MRMI.: "V
Page 12 of IQ 751 Form 3039 1101
OK t 956PG 1478
agreements; (c) pays all expenses incurr
to, reasonable attorneys' fees, propaq
purpose of protecting Lender's interest
takes such action as Lender may rem
rights under this Security Instrument, a
Instrument, shall continue unchanged. 1
expenses in one or more of the follow
certified check,. bank check, treasurer' s
an institution whose deposits are insure
Funds Transfer. Upon reinstatement by
shall remain fully effective as if no so
apply in the case of acceleration under S
20. Sale of Note; Change of Loa
the Note (together with this Security 1
Borrower. A sale might result in a cl
Periodic Payments due under the NoU
servicing obligations under the Note, tl
one or more changes of the Loan Servii
Servicer, Borrower will be given writte
new Loan Servicer, the address to wh
requires in connection with a notice of
serviced by a Loan Servic er other than
to Borrower will remain with the Loan
assumed by the Note purchaser unless o
Neither Borrower nor Lender ma;
individual litigant or the manber of a
Security Instrument or that alleges that
reason of, this Security Instrument, un1
notice given in compliance with the re
other party hereto a reasonable peric
Applicable Law provides a time peria
period will be deemed to be reasons i
opportunity to cure given to Borrows
Borrower pursuant to Section 18 shall
action provisions of this Section 20.
21. Hazardous Substances. As
substances defined as toxic or hazardoi
following substances: gasoline, kerose
and herbicides, volatile solvents, mater
(b) "Environmental Law' means federa
relate to health, safety or environment
action, remedial action, or removal act
Condition" means a condition that c
Cleanup.
4%4IPA) (0506)
8K 1956PG 1479
d in enforcing this Security Instrument, including, but not limited
inspection and valuation fees, and other fees incurred for the
n the Property and rights under this Security Instrument and (d)
ably require to assure that Lender's interest in the Property and
d Borrower' s obligation to pay the sums secured by this Security
ender may require that Borrower pay such reinstatemiant sums and
rig forms, as selected by Lender: (a) cash; (b) money order; (e)
;hock or cashier's check, provided any such check is drawn upon
by a federal agency, instrumentality or entity; or (d) Electronic
3orrower, this Security Instrument and obligations segued hereby
sleration had occurred. However, this right to reinstate shall not
ction 18.
Servicer; Notice of Grievance. The Note or a partial interest in
strument) can be sold one or more times without prior notice to
snge in the entity (known as the "Loan Servicer") that collects
and this Security Instrument and performs other mortgage loan
is Security Instrument, and Applicable Law. There also might be
;r unrelated to a sale of the Note. If there is a change of the Loan
notice of the change which will state the name and address of the
:h payments should be made and any other information RESPA
ransfer of servicing. if the Note is sold and thereafter the Loan is
he purchaser of the Note, the mortgage loan servicing obligations
;erviicer or be transferred to a successor Loan Servicer and are not
xrwise provided by the Note purchaser.
commence, join, or be joined to any judicial action (as either an
class) that arises from the other party's actions pursuant to this
x other party has breached any provision of, or any duty owed by
I such Borrower or Lender has notified the other party (with such
uirements of Section 15) of such alleged breach and afforded the
I after the giving of such notice to take corrective action. If
which must elapse before certain action can be taken, that time
for purposes of this paragraph. The notice of acceleration and
pursuant to Section 22 and the notice of acceleration given to
w deemed to satisfy the notice and opportunity to take corrective
in this Section 21: (a) "Hazardous Substances" are those
substances, pollutants, or wastes by Enviromnartal Law and the
other flammable or toxic petroleum products, toxic pesticides
s containing asbestos or formaldehyde, and radioactive materials;
laws and laws of the jurisdiction when the Property is located that
protection; (c) "Environmental Cleanup" includes any response
n, as defined in Environmental Law; and (d) an "Environmental
cause, contribute to, or otherwise trigger an Environmental
Initials: Wr
Page, 13 of 16 %t?l Form 3039 1l01
Borrower shall not cause or permi the presence, use, disposal, storage, or release of any Hazardous
Substances, or threaten to release any does Substances, on or in the Property. Borrower shall not do,
nor allow anyone else to do, anything the Property (a) that is in violation of any Environmental
Law, (b) which creates an Envir Condition, or (c) which, due to the presence, use, or release of a
Hazardous Substance, creates a conditi n that adversely affects the value of the Property. The preceding
two sentences shall not apply to the reserhce, use, or storage on the Property of small quantities of
Hazardous Substances that are general raoogniaed to be appropriate to normal residential uses and to
maintenance of the Property (including, ut not limited to, hazardous substances in consumer products).
Borrower shall promptly give Lon icr written notice of (a) any investigation, claim, demand, lawsuit
or other action by any governmental or regulatory agency or private party involving the Property and any
Hazardous Substance or Environmen tal Law of which Borrower has actual knowledge, (b) any
Environmental Condition, including not limited to, any spilling, leaking, discharge, release or threat of
release of any Hazardous Substance, d (c) any condition caused by the presence, use or release of a
Hazardous Substance which adversely the value of the Property. If Borrower learns, or is notified
by any governmental or regulatory ority, or any private party, that an removal or other remediation
of any Hazardous Substance affecting Property is necessary, Borrower shall promptly take all necessary
remedial actions in accordance with E vironmental Law. Nothing herein shall create any obligation on
Lender for an Environmental Cleanup.
NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
22. Acceleration; Remedies. Le er shall give notice to Borrower prior to acceleration following
Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to
acceleration under Section 18 unl Applicable Law provides otherwise). Lender shall notify
Borrower of, among other things: (a) he default; (b) the action required to cure the default; (c) when
the default must be cared; and (d that failure to can the default as specified may result in
sccelention of the sans secured by is Security Instrument, fe edo re by judicial proceeding and
sale of the Property. Lender shall far bw inform Borrower of the right to reinstate after acceleration
and the right to assert in the forec are proceeding the non-ezistem of a default or soy other
defense of Borrower to seedentioo a d foreclosure, It the default is not cared as specified, Lender at
its option may require immediate went in fall of all sans secured by this Security Instrument
without further demand and may to this Security Instroment by judicial proceeding. Leader
shall be entitled to collect all as incurred in pursuing the remedies provided In this Section 22,
Including, but not limited to, attore ys' [ens and costs of tide evidence to the extent permitted by
Applicable Law.
23. Release. Upon payment of all sums secured by this Security Instrument, this Security instrument
and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge
and satisfy this Security Instrument. Borrower shall pay an recordation coats. Lender may charge
Borrower a fee for releasing this Securi Instrument, but only if the flee is paid to a third party for services
rendered and the charging of the fee is itted under Applicable Law.
24. Waivers. Borrower, to the permitted by Applicable Law, waives and releases any error or
defects in proceedings to enforce this ity Instrument, and hereby waives the benefit of any present or
future laws providing for stay of exec 'on, extension of time, exemption from attachment, levy and sale,
and homestead exemption.
25. Rdastatement Period. Borro s time to reinstate provided in Section 19 shall extend to one
hour prior to the commencement of dding at a sheriffs sale or other sale pursuant to this Security
Instrument.
26. Purchase Money Mortgage. If any 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.
27. Interest Rate After Judgmen t Borrower agrees that the interest rate payable after ajudgment is
entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time
under the Note.
Qt4(PA) (0508) InNf/?: 4Y'tY
Page 14 of 16 Form 3039 1101
I
BK 19 5 6 PG 1410
A
1
BY SIGNING BELOW, Borro
Security Instrument and in any Rider
Witnesses:
accepts and agrees to the terms and covenants contained in this
;uteri by Borrower and recorded with it.
(Sad)
Y K N -Borrower
J?/./fj_ 'n"l 62 " .- (Seal)
KAREN E GORDON -Borrower
i
(Seal)
-Borrower
(sad)
-Borrower
4ft4{PA) moat
Page 15 of 15
(Seal)
-Borrower
_ (SCSI)
-Borrower
_ (Seal)
-Borrower
Form 3039 1101
81956PG I k81,
COMMONWEALTH OF PENNSYLVANIA, CUMBERLAND County ss:
On this, the 16TH ay of JUNE 2 0 0 6 before me, the
undersigned officer, personally appeared LEROY K GORDON AND KAREN E GORDON
known to me (or
satisfactorily proven) to be the so?rs) whose =*s) is/are subscribed to the within instrument and
acknowledged that he/she/they executhe same for the purposes herein contained.
IN WITNESS WHEREOF, I
My Commission Expires:
_ N91rY llssl
??PPw?ap Q end
MlrComnfiwioaE:?APr 2R?
iMSn?Irr, PNN;; lanU AaodNm of ftlMn
Certificate of Residence
set my hand and official seal.
Title of Officer
I, DANIELLE STEELE , do hereby certify that
the correct address of the within-named Mortgagee is 5000 LOUISE DRIVE, MECHANICSBURG,
PA 17055
Witness my hand this 1ETH day of JUNE 2006
Agent of Mortgagee
4ft.4IPAI psoel
Initme: GAtc
Pp• 15 or 10 X? Form 3039 1101
i.
H
EDIT "A"
ALL that certain lot or tract of land situate in Hopewell Township, Cumberland County,
Pennsylvania, designated as Lot "3" and Lot "3A" as shown on Subdivision Plan entitled
"Final Subdivision Plan for Wad 1 Masons" prepared by Eric L. Diffeabaugh, Professional
Land Surveyor, which plan has approved by the appropriate municipal authorities as a
final Subdivision Plan, and whit is recorded in the Office of the Recorder of Deeds in and
for Cumberland County, Pennolvania in Plan Book 92, Page 42; and are bounded and
described as follows:
BEGINNING at an existing railroad spike in Booz Road (SR 4003) at the
dividing line between t 2 and Lot 3 on the havinabove referenced Plan;
thence along said dividing line, North 72 degrees 12 minutes 35 seconds
West 442.77 feet to an existing iron pin; thence along the dividing line
between Lot 2A and Lo 3A on the hereinabove referenced Plan, North 72
degrees 12 minutes 35 onds West 390.39 feet to a set iron pin; thence
along the dividing line eon Lot 3A on the hereinabove referenced plan
and Lot 5 as set forth in Ian Book 92, Page 42, North 24 degrees 37 minutes
03 seconds East 258.72 eet to a set iron pin; thence along the dividing line
between Lot 3A and Lo 4A on the hereinabove referenced Plan, South 72
degrees 12 minutes 35 seconds East 383.97 feet to an existing iron pin;
thence along the dividing' line between Lot 3 and Lot 4 on the hereinabove
referenced Plan, South degree 12 minutes 35 seconds East 418.44 feet to
an existing railroad spik ; thence in Booz Road (SR 4003), South 17 degrees
47 minutes 25 seconds est 256.89 feet to a set railroad spike, the point and
place of BEGINNING. I
CONTAINING 4.8227 res, more or less, in accordance with the above-
referenced plan.
TOGETHER with and u?ider and subject to notations as shown on said plan.
UNDER AND SUBJE to restrictions entitled "Booz Road Restrictions,"
a copy of which is attar ed and made part hereof by reference.
UNDER AND SUBJECT to existing covenants, agreements, conditions,
easements, restrictions and ri is of record, to the extent valid and enforceable and still
applicable to the above describ premises.
BEING the same real estate that Wadel Masons, by their deed dated June 15, 2006,
and intending to be recorded p 'or hereto in the Office of the Recorder of Deeds in and for
Cumberland County, Pennsylv a, conveyed to Leroy K. Gordon and Karen E. Gordon,
husband and wife, the Mortgag rs herein.
Certify this to be recorded
n Cumberland County PA
a
I'. ?'" Recorder of Deeds
v
VERIFICATION
I, Dan Summers, Collections Manager of Members 1st Federal Credit Union, acknowledge
I have the authority to execute this V rification on behalf of Members 1 st Federal Credit Union and
certify the foregoing Complaint in M rtgage Foreclosure is based upon information which has been
gathered by my counsel in the preparation of the lawsuit. The language of this Complaint in
Mortgage Foreclosure is that of counsel and not my own. I have read the document and to the extent
the Complaint in Mortgage Foreclosure is based upon information which I have given to my
counsel, it is true and correct to the best of my knowledge, information and belief. To the extent the
content of the Complaint in Mortgag? Foreclosure is that of counsel, I have relied upon counsel in
making this Verification.
This statement and Verification are made subject to the penalties of 18 Pa. C.S. § 4904
relating to unsworn falsification to authorities, which provides that if I knowingly make false
averments, I may be subject to crimi al penalties.
Members 1st Federal Credit Union
By:_ 'L&n1rr-;4-
Dan Summers
FARLESTlientsNembas1st11470\FtL ESSCun=M6111470.56.Com1.2
751?
,?- -_74
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CASE NO: 2008-07180 P
SHERIFF'S RETURN - REGULAR
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
MEMBERS 1ST FEDERAL CREDIT UNT
VS
GORDON LEROY K ET AL
MICHELLE GUTSHALL
Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE
GORDON KAREN E
DEFENDANT
at KMART
was served upon
the
at 1138:00 HOURS, on the 3rd day of January , 2009
40 SHIPPENSBURG SHOPPING CTR
SHIPPENSBURG, PA 17257
by handing to
a true and attested copy of COMPLAINT - MORT FORE together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
Sworn and Subscibed to
before me this
So Answers:
6.00
18.00
.00
10.00 R. Thomas Kline
.00
34.00 01/05/2009
MARTSON LAW OFFICES
By:
day Deput Sheriff
of A. D.
qs,1
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7 ff
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CID 7
SHERIFF'S RETURN - REGULAR
CASE NO: 2008-07180 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
MEMBERS 1ST FEDERAL CREDIT UNT
VS
GORDON LEROY K ET AL
CHIEF DEPUTY RONNY ANDERSON , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE was served upon
GORDON LEROY K the
DEFENDANT , at 0915:00 HOURS, on the 31st day of December-, 2008
at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQUARE
CARLISLE, PA 17013 by handing to
LEROY GORDON
a true and attested copy of COMPLAINT - MORT FORE
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 18.00
Postage .56
Surcharge 10.00
.00
46.56
Sworn and Subscibed to
before me this day
of ,
So Answers:
R. Thomas Kline
01/05/2009
MARTSOT LAW OFF-bCES
B)?
A. D.
PROCHNIAK WEISBERG, P.C.
BY: Matthew B. Weisberg
Attorney ID. #85570
Rebecca M. Steiger
Attorney ID. #200875
7 South Morton Avenue
Morton, PA 19070
(610) 690-0801
Fax (610) 690-0880
Members 1 Federal Credit Union. CUMBERLAND COUNTY
Plaintiff COURT OF COMMON PLEAS
V. Docket No.: 08-07180
Leroy Gordon, et al.
Defendants
DEFENDANTS' ANSWER WITH NEW MATTER
1. Admitted as stated.
2-3. Admitted.
4. Denied. The Note speaks for itself in its entirety.
5-6. Denied. The Mortgage speaks for itself in its entirety.
7. Denied. Said averment is expressly denied and strict proof thereof is
demanded at the time of trial. By way of further answer, said averment is a conclusion of
law to which no response is required.
8-9. Denied. Said averment is a conclusion of law to which no response is
required.
10. Denied. Said averment is a conclusion of law to which no response is
required. Further, the Note speaks for itself in its entirety.
11. Denied. Said averment is a conclusion of law to which no response is
required. By way of further answer, the Mortgage speaks for itself in its entirety.
12-13. Denied. Said averment is expressly denied and strict proof thereof is
demanded at the time of trial. By way of further answer, said interest, per diem, late
charges, and costs are expressly denied as recoverable. Further, there is no sum included
on the face of the Complaint.
14. Denied. Said averment is a conclusion of law to which no response is
required. By way of further answer, Plaintiff s compliance with Act 6/91 is denied.
15. Denied. Said averment is a conclusion of law to which no response is
required.
16. Denied. Said averment is a conclusion of law to which no response is
required. By way of further answer, the Mortgage speaks for itself in its entirety.
WHEREFORE, Defendants demand judgment in their favor and against Plaintiff.
NEW MATTER
1. Defendant breached no contract or duty, if any, that was owed to Plaintiff.
2. Answering defendant is not liable for any damage(s) claimed by Plaintiff.
3. The averred injuries and/or damages, if proven, resulted from independent
and/or intervening causes that were unrelated to the cause of action described in
Plaintiffs Complaint.
4. Plaintiff fails to state a cause of action upon which relief may be granted.
5. Plaintiff's claim is barred by the Doctrine of Unclean Hands.
6. Plaintiff s cause of action is barred by the doctrines of laches and estoppel.
7. All averments of Plaintiffs Complaint not specifically denied are hereby
instantly denied and strict proof thereof is hereby demanded at the time of trial.
.1
8. The Loan, Approval, Commitment, and Agreement are incorporated by
reference as if fully set forth and pleaded as New Matter.
9. Defendant's Answer is incorporated by reference as if fully set forth and
pleaded as New Matter.
10. This Honorable Court lacks jurisdiction and venue.
11. The Statutes of Limitations and Repose are a complete bar to this action.
12. Plaintiff failed to mitigate its damages.
13. The Parol Evidence Rule is a complete bar to this action.
14. Plaintiffs claim is barred by the doctrines of collateral estoppel and res
judicata.
15. Plaintiff failed to join an indispensable party.
16. In Plaintiff s Complaint, Plaintiff inappropriately charges Defendant:
a. Attorneys fees in the amount of $12,000.00;
b. Costs of suit and Title search in the amount of $500.00; and
c. Post accelerated interest, amount not given.
17. Upon information and belief, further discovery will reveal Plaintiff s
misconduct additionally constitutes violations of the Truth in Lending Act and
Regulation Z, Equal Credit Opportunity Act, Fair Credit Extension Uniformity Act,
Fair Debt Collection Practices Act, Real Estate Services Practices Act, Home
Ownership Equity Protection Act, and/or Credit Services Act.
WHEREFORE, Defendants demand judgment in their favor and against Plaintiff.
PROCHNIAK WEISBERG, P.C.
BY: t
TTMATTHEW B. WEISBERG
Attorney for Defendants
PROCHNIAK WEISBERG, P.C.
BY: Matthew B. Weisberg
Attorney ID. #85570
Rebecca M. Steiger
Attorney ID. #200875
7 South Morton Avenue
Morton, PA 19070
(610) 690-0801
Fax (610) 690-0880
Members I' Federal Credit Union. CUMBERLAND COUNTY
Plaintiff COURT OF COMMON PLEAS
Leroy Gordon, et al.
V. Docket No.: 08-07180
Defendants
CERTIFICATE OF SERVICE
I, Matthew B. Weisberg, Esquire, hereby certify that on this 3'd day of February,
2009, a true and correct copy of the Answer with Affirmative Defenses was served
regular mail upon the following parties:
Christopher E. Rice, Esq.
Martson Deardorff Williams Otto Gilroy & Faller
Martson Law Offices
10 E. High Street
Carlisle, PA 17013
PROCHNIAK WEISBERG, P.C.
BY: ? :&?
MA THE B. WEISBERG
Attorney for Defendants
? ' r CO
bra ?-; ?-
t
Z5 t
e
F:\F1LES\C1ients\Members1 st l 1470\FILES\Current\56\ 11470.56.response
Revised: 2/11/09 9:42AM
Christopher E. Rice, Esquire
Attorney I.D. No. 90916
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER
MARTSON LAW OFFICES
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
MEMBERS 1ST FEDERAL : IN THE COURT OF COMMON PLEAS OF
CREDIT UNION, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V.
NO. 08 - 07180 CIVIL TERM
LEROY K. GORDON and
KAREN E. GORDON, ;
Defendants IN MORTGAGE FORECLOSURE
PLAINTIFF'S RESPONSE TO
DEFENDANTS' NEW MATTER
Plaintiff's Complaint is incorporated herein by reference.
1. Denied as a conclusion of law.
2. Denied as a conclusion of law.
3. Denied as a conclusion of law. By way of further response and after reasonable
investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth
of the averments of this paragraph and therefore they are denied. Strict proof is demanded at trial.
4. Denied as a conclusion of law.
5. Denied as a conclusion of law.
6. Denied as a conclusion of law.
7. Denied based on the fact that no response is required.
8. Denied based on the fact that no response is required. By way of further response,
denied as the documents speak for themselves
9. Denied based on the fact that no response is required.
10. Denied as a conclusion of law.
11. Denied as a conclusion of law.
12. Denied as a conclusion of law.
13. Denied as a conclusion of law.
14. Denied as a conclusion of law.
15. Denied as a conclusion of law
By way of further response and after reasonable
investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth
of the averments of this paragraph and therefore they are denied. Strict proof is demanded at trial.
16. Denied as the document speaks for itself. By way of further response, Plaintiff is
permitted to charge for the costs, interest and fees under the loan documents as referenced in
Plaintiff's Complaint.
17. Denied as conclusions of law.
WHEREFORE, Plaintiff demands judgment in the mortgage foreclosure action against
Defendants in the sum of $575,221.12, plus interest from November 13, 2008, at the rate of $91.73
per day until the debt is paid in full, additional late charges, costs (including additional escrow
advances), and attorney fees.
MARTSON LAW OFFICES
Date: g /1110 9
By: ??Z ` / S.
Christopher E. Rice
I.D. No. 90916
Ten East High Street
Carlisle, PA 17013-3093
(717) 243-3341
Attorneys for Plaintiff
THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION
OBTAINED WILL BE USED FOR THAT PURPOSE.
CERTIFICATE OF SERVICE
I, Mary M. Price, an authorized agent of MARTSON DEARDORFF WILLIAMS OTTO
GILROY & FALLER, hereby certify that a copy of the foregoing Response was served this date by
depositing same in the Post Office at Carlisle, PA, First Class Mail, postage prepaid, addressed as
follows:
Matthew B. Weisberg, Esquire
PROCHNIAK WEISBERG, P.C.
7 South Morton Avenue
Morton, PA 19070
MARTSON LAW OFFICES
B v 0
Y
M Price
Ten E t High Street
Carlisle, PA 17013
(717) 243-3341
Dated: 2,1 /) "? /
t? C
r'71
PTILESTfientsWernbersl st 11470TILESTutrent\56\ 11470.56.mot.compel
Revised: 4/15/09 11:5 2AM
Christopher E. Rice, Esquire
Attorney I.D. No. 90916
Jacob M. Theis, Esquire
Attorney I.D. No. 208631
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER
MARTSON LAW OFFICES
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
MEMBERS I" FEDERAL
CREDIT UNION,
Plaintiff
V.
LEROY K. GORDON and
KAREN E. GORDON,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 08 - 7180 CIVIL TERM
: IN MORTGAGE FORECLOSURE
PLAINTIFF'S MOTION TO COMPEL ANSWERS TO INTERROGATORIES AND
REQUEST FOR PRODUCTION OF DOCUMENTS AND TO DETERMINE
SUFFICIENCY OF ANSWERS AND OBJECTIONS TO PLAINTIFF'S REQUEST FOR
ADMISSIONS
AND NOW, comes Plaintiff Members 1"Federal Credit Union, by and through its attorneys,
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and moves this Honorable
Court to compel Answers to Interrogatories and Request for Production of Documents, and to
determine the sufficiency of Defendants' Answers and Objections to Plaintiff's Request for
Admissions:
1. This case arises from a loan issued by Plaintiff, Members 1" Federal Credit Union,
to Defendants, Leroy K. Gordon and Karen E. Gordon.
2. Plaintiff served Interrogatories, a Request for Production of Documents and a Request
for Admissions on Defendants on March 4, 2009. A copy of the cover letter to Defendants's counsel
forwarding these discovery documents is attached hereto as Exhibit "A."
3. On April 3, 2009, Defendants answered Plaintiff's Request for Admissions with
general denials that lacked any explanation or qualification and objected to requests 5 through 7,
claiming that such requests are conclusions of law. True and correct copies of Plaintiff s Request
for Admissions and Defendants' Answers thereto are attached hereto as Exhibit "B."
4. On April 8, 2009, Plaintiff s counsel wrote to Defendants' counsel pointing out that
the answers and objections to the Request for Admissions were insufficient, and that the Answers
to Interrogatories and Responses to Request for Production of Documents were overdue. A true and
correct copy of such letter is attached hereto as Exhibit "C."
5. To date, no additional answers to Plaintiffs Request for Admissions have been
provided nor has Plaintiff s counsel been advised as to when these may be expected.
6. To date, no answers to Interrogatories or the Request for Production of Documents
have been returned nor has Plaintiff s counsel been advised as to when these may be expected.
7. Defendant has violated Pennsylvania Rule of Civil Procedure 4014(b) by failing to
provide sufficient answers and objections to Plaintiffs Request for Admissions.
8. Plaintiff has violated Pennsylvania Rules of Civil Procedure 4006 and 4009.12 by
failing to respond to Defendant's Interrogatories and Request for Production of Documents.
9. No Judge has been assigned to this case, nor has any Judge made any ruling or
disposition in this case.
10. Defendants' counsel does not concur in this motion.
WHEREFORE, Plaintiff Members 1" Federal Credit Union requests that this Honorable
Court determine the sufficiency of Defendants' Answers and Objections to Plaintiff s Request for
Admissions and set a deadline for Defendants to answer the Interrogatories and Request for
Production of Documents or suffer sanctions.
MARTSON LAW OFFICES
By:
Christopher E. Rice, Esquire
I.D. No. 90916
Jacob M. Theis, Esquire
I.D. No. 208631
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Date: 15--011 Attorneys for Plaintiff
EXHIBIT "A"
,
1 { FF 11..1_.
MAPTSON
LAW OFFICES
lU F-vs,r HIGH STRP.LT
C.\RLlsr.r, PFNNSy r.%A.NIA 11013
Te,:I.r.aHom:: (717) 243-3341
F.v 'sImIl.r. (717) 243-1850
INTERM-T w-uwmarts on]awcom
W11.1-1;111 F, ?19R1st ??,
JOHN B. Ft??".r;R lI1
D,\`ru F. Dr.\Rr)t,Rrr
'rHovr.vs L Wju.1 vvs
Im V (TiTO [11
HI BIAT X. GH ROY
t.,f c 1R<;F: B. 1':\I.LI-.R JR.'
'BOARD CERtttit
D%vll) :1
C!IRI1,r(Wifl.R I-'. R!, r
Sl. rn T.
TRr uv F.. Il!n !r.?.!_R
Civu. TRIAL. tiPEI 1A 11I
March 4, 2009
Matthew B. Weisberg, Esquire `
PROCHNIAK WEISBERG, P.C.
7 South Morton Avenue
Morton, PA 19070
RE: Members I' Federal Credit Union v. Leroy Gordon and Karen Gordon
No. 08-07180, Cumberland County Court of Common Pleas
Our File No. 11470.56
Dear Mr. Weisberg:
Enclosed are Plaintiff's First Set of Interrogatories, Request for Production of Documents
and Request for Admissions to be answered by your clients.
This is a debt collecting firm. Any information obtained will be used for that purpose.
Very truly yours,
MARTSON LAW OFFICES
Christopher E. Rice
CER/mmp
Enclosures
cc: Members 15` Federal Credit Union (w/enclosures)
F.` FILEStclients?.NIcmberslstl 1470'FILES'Cii r"f'.56?11470 56.mw2
INFORMATION - ADVICE - AD VOC:AC Y ...
EXHIBIT "B"
F9FILES\Clients\Members I st 1 1470\F1LES\Cumnt\56\ 11470.56. RegAdrttissions
Revised: 3/4/09 2.44PM
Christopher E. Rice, Esquire
Attorney I.D. No. 90916
Jacob M. Theis, Esquire
Attorney I.D. No. 208631
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER
MARTSON LAW OFFICES
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
MEMBERS 18T FEDERAL
CREDIT UNION,
Plaintiff
V.
LEROY K. GORDON and
KAREN E. GORDON,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 08 - 07180 CIVIL TERM
: IN MORTGAGE FORECLOSURE
PLAINTIFF'S FIRST SET OF REQUESTS FOR ADMISSIONS DIRECTED TO
. DEFENDANTS LEROY K. GORDON AND KAREN E GORDON
TO: LEROY K. GORDON and KAREN E. GORDON, Defendants, and their attorney,
MATTHEW B. WEISBERG, ESQUIRE.
PROCHNIAK WEISBERG, P.C.
7 South Morton Avenue
Morton, PA 19070
Enclosed please find Requests for Admissions served by Plaintiff to be answered under oath
by Defendants within thirty (30) days from the date of service hereof. A copy of said Answers shall
be served upon counsel for Plaintiff at the address below.
Each matter of which an admission is requested is admitted unless within thirty (30) days
after service of the request a sworn answer or an objection to the matter, signed by the Defendants
or their attorney, is served upon counsel for Plaintiff.
It is hereby certified that a true and correct copy of this Request for Admissions was mailed
to counsel for Defendants on this date by the undersigned.
MARTSON LAW OFFICES
By:
Christopher E. Rice, Esquire
I.D. No. 90916
Jacob M. Theis, Esquire
I.D. No. 208631
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Date: Attorneys for Plaintiff
This is a debt collecting firm attempting to collect a debt. Any information obtained will be
used for that purpose.
Request for Admission No. 1
On June 16, 2006, Defendants executed a Note in the amount of $483,210.00, in favor of
Plaintiff and representing money owed to Plaintiff.
Answer:
Request for Admission No. 2
Exhibit "A" attached to Plaintiff's Complaint is an identical copy of the Note executed by
Defendants on June 16, 2006.
Answer:
Request for Admission No. 3
On June 16, 2006, Defendants executed a Mortgage in favor of Plaintiffs, placing a lien
on the real property identified as lots 3 and 3A in Plan Book 92, Page 42, of the Cumberland
County Recorder of Deeds Office, and referred to as 186 Booz Road, Shippensburg, Cumberland
County, Pennsylvania.
Answer:
Request for Admission No. 4
Exhibit "B" attached to Plaintiff's Complaint is an identical copy of the Mortgage
executed by Defendants on June 16, 2006.
Answer:
Request for Admission No. 5
Pursuant to the terms of the Note executed on June 16, 2006, Defendants failed to make
the required monthly payment for the month of September 2007.
Answer:
Request for Admission No. 6
Pursuant to the terms of the Note executed on June 16, 2006, Defendants failed to make
the required monthly payments for the months of October 2007 through present.
Answer:
Request for Admission No. 7
As of the date of this answer, Defendants are in default of the Note executed on June 16,
2006, and as identified as Exhibit "A" in Plaintiff's Complaint.
Answer:
CERTIFICATE OF SERVICE
I, Mary M. Price, an authorized agent of MARTSON DEARDORFF WILLIAMS OTTO
GILROY & FALLER, hereby certify that a copy of the foregoing Request for Admissions was served
this date by depositing same in the Post Office at Carlisle, PA, First Class Mail, postage prepaid,
addressed as follows:
Matthew B. Weisberg, Esquire
PROCHNIAK WEISBERG, P.C.
7 South Morton Avenue
Morton, PA 19070
MARTSON LAW OFFICES
By:
M rice
Ten E High Street
Carlisle, PA 17013
(717) 243-3341
Dated: 1/10 q
This is a debt collecting firm attempting to collect a debt. Any information obtained will be
used for that purpose.
.APR-03-2009 FRI 12:12 PM PPW LAW FAX NO. 6106900880
PROCHNIAK WEISBERG, P.C.
BY: Matthew B. Weisberg
Attorney ID # 85570
Isaac F. Slepner
Attorney ID # 205088 Attorneys for Defendants
7 South Morton Avenue
Morton, PA 19070
(610) 690-0801
Members I" Federal Credit Union COURT OF COMMON PLEAS
5000 Louise Drive CUMBERLAND COUNTY
Mechanicsburg, PA 17055 .
Plaintiff, NO. 08-7180 CIVIL TERM
V.
Leroy K. Gordon and Karen E. Gordon
186 Hooz Road ,
Shippensburg, PA 17257 .
Defendants.
DEFENDANTS' RESPONSES TO PLATN'['IFF'S REQUESTS FOR ADAUSSIONS
1-2. Denied. The Note speaks for itself in its entirety.
3-4. Denied, The Mortgage speaks for itself in its entirety.
5-7. Objection. Conclusion of Law.
P. 02
WEISBERG, P.C.
MATTHEW B. WEISBERG
ISAAC F. SLEPNER
Attorneys for Defendants
APR-03-2009 FRI 12:12 PM PPW LAW FAX NO, 6106900880 P. 03
PROCHNIAK WEISBERG, P.C.
BY: Matthew B. Weisberg
Attorney ID # 85570
Isaac F. Slepner
Attorney ID # 205088
7 South Morton Avenue
Morton, PA 19070
(610) 6900801
Members 1" Federal Credit Union
5000 Louise Drive
Mechanicsburg, PA 17055
Plaintiff',
V.
Leroy K. Gordon and Karen E. Gordon
186 Booz Road
Shippensbur& PA 17257
Defendants.
Attorneys for Defendants
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. 08-7180 CIVIL TERM
CERTIFICATE OF SERVICE
I, Matthew B. Weisberg, Esquire, hereby certify that on this 31d day of February, 2009, a
true and correct copy of the Answer with Affirmative Defenses was served regular mail upon the
following parties:
Christopher E. Rice, Esq.
Martson Deardorff Williams Otto Gilroy & Faller
Manson Law Offices
10 E. High Street
Carlisle, PA 17013
PROCHMAK RG, P.C.
BY.
MAIM EW B. WEISBERG
ISAAC SLEPNER
Attorney For Defendant
EXHIBIT "C"
TSON DEARDOW-F WILLIAMS OTTO ILROY & FA 1, 1.1, El?
M ARTSON
LAW OFFICES
WILI.UN E MARTSON
JOHN B. FOWLER III
DANIEI. K. DEARDORFF
THOMAS J. WILIIAMS*
No V. OTTO III
HUBERT Z. Guam
GFORGF B. FALLER JR.*
`BOARD CEMIll
DAVID A. FirisiNfONS
CHRISTOPHER E. RICE
JENNIFER L. SPEARS
SETH T MOSEMY
TRuDY E. FE14LINGER
K vm, J. TNL\\w-F.1.1.
JACOB M. THEIs
D CIVIL TRIAL SPECIALIST
10 E.xST HIGH STREET
CARLISLE, PENNSYLVANIA 17013
TELEPHONE (717) 243-3341
FACSIMILE (717) 243-1850
INTERNET www.martsonlaw.com
April 8, 2009
Matthew B. Weisberg, Esquire
PROCHNIAK WEISBERG, P.C.
7 South Morton Avenue
Morton, PA 19070
RE: Members I' Federal Credit Union v. Leroy Gordon and Karen Gordon
No. 08-07180, Cumberland County Court of Common Pleas
Our File No. 11470.56
Dear Mr. Weisberg:
We are in receipt of your Response to Request for Admissions, but the same did not include
a Verification and was not properly answered. Please provide us with a signed Verification from
your clients and provide answers to each request as your denials are not an appropriate response to
the Requests for Admissions.
In addition, your discovery responses to our Interrogatories and Request for Production of
Documents are overdue. We will be filing a Motion to Compel. Unless otherwise advised, we will
represent that you do not concur in said Motion. To avoid the filing of said Motion, please provide
us with our discovery responses immediately.
This is a debt collecting firm. Any information obtained will be used for that purpose.
Very truly yours,
CER/mmp
cc: Members 1 ` Federal Credit Union
F?IFILES\Clients\Membe, IstI1470\FILES\Cutrent\56\11470.56.mw3
MARTSON. LAW OFFICES
Christopher E. Rice
INFORMATION • ADVICE • ADVOCACY 5M
CERTIFICATE OF SERVICE
I, Mary M. Price, an authorized agent for Martson Law Offices, hereby certify that a copy
of the foregoing Motion was served this date by depositing same in the Post Office at Carlisle,
PA, first class mail, postage prepaid, addressed as follows:
Matthew B. Weisberg, Esquire
PROCHNIAK WEISBERG, P.C.
7 South Morton Ave.
Morton, PA 19070
MARTSON LAW OFFICES
By: ?Z 2 t c2w-/-
Mal Price
Ten E High Street
Carlisle, PA 17013
(717) 243-3341
/?S
Dated:
This is a debt collecting firm. Any information obtained will be used for that purpose.
-F Ti,
F--%
MEMBERS 1 ST FEDERAL
CREDIT UNION,
PLAINTIFF
V.
LEROY K. GORDON AND
KAREN E. GORDON,
DEFENDANTS
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 08-7180 CIVIL
ORDER OF COURT
AND NOW, this 17th day of April, 2009, upon consideration of the Motion to
Compel Answers to Interrogatories and Request for Production of Documents and to
Determine Sufficiency of Answers and Objections to Plaintiff's Request for Admissions
filed by the Plaintiff,
IT IS HEREBY ORDERED AND DIRECTED that:
1. A Rule is issued upon the Defendants to show cause why the relief requested
should not be granted;
2. The Defendants will file an answer on or before May 7, 2009;
3. If no answer to the Rule to Show cause is filed by the required date, the relief
requested by Plaintiff shall be granted. If the Defendants file an answer to this Rule to
Show Cause, the Court will determine if further order or hearing is necessary.
4. The Prothonotary is directed to forward said Answer to this Court.
5. Notice of this Order shall be provided to all parties by the Plaintiff.
By the Court,
?A4
f' M. L. Ebert, Jr., J.
?a
vA %<AIS M1''Y21, d
L 0 :1 Wd L I MV 6002
'r . r.
Christopher Rice, Esquire
Attorney for Plaintiff
Matthew B. Weisberg, Esquire
Attorney for Defendants
bas
F:\FILES\CGents\M=becs 1st 11470\FILES\Cunent\56\ l 1470.56. Rule. absolute
Revised: 5/12/09 11:51 AM
Christopher E. Rice, Esquire
Attorney I.D. No. 90916
Jacob M. Theis, Esquire
Attorney I.D. No. 208631
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER
MARTSON LAW OFFICES
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
MEMBERS 1" FEDERAL
CREDIT UNION,
Plaintiff
V.
LEROY K. GORDON and
KAREN E. GORDON,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
:NO. 08 - 7180 CIVIL, TERM
: IN MORTGAGE FORECLOSURE
PETITION TO MAKE RULE ABSOLUTE
AND NOW, comes Plaintiff Members l 51 Federal Credit Union, by and through its attorneys,
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and files this Petition to
Make Rule Absolute and in support thereof, states as follows:
On April 15, 2009, Plaintiff filed a Motion to Compel Answers to Interrogatories and
Request for Production of Documents and to Determine Sufficiency of Answers and Objections to
Plaintiff's Request for Admissions (hereinafter "Plaintiff's Motion.").
2. The Honorable Judge Ebert issued an Order on April 17, 2009, requiring Defendants
to file an Answer to Plaintiff s Motion by May 7, 2009, or else the relief requested by Plaintiff would
be granted. A true and correct copy of said Order is attached hereto and incorporated herein by
reference as Exhibit "A."
3. Plaintiff forwarded a copy of the Order to counsel for Defendants on April 20, 2009.
A true and correct copy of the letter forwarding the Order is attached hereto and incorporated herein
by reference as Exhibit "B."
4. To date, no answer has been filed or received by Plaintiff, nor has Plaintiff been
I
advised as to when the same may be expected.
WHEREFORE, Plaintiff Members 1 S` Federal Credit Union requests that this Honorable
Court grant the relief requested by deeming Defendants' Answers and Objections to Plaintiff's
Request for Admissions admitted, and requiring Defendants to answer Plaintiffs First Set of
Interrogatories and Requests for Production of Documents or suffer sanctions.
MARTSON LAW OFFICES
By:_ (?-let L?,, 57 /f-,
Christopher E. Rice, Esquire
I.D. No. 90916
Jacob M. Theis, Esquire
I.D. No. 208631
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Date: 5-- 13 - 0 7 Attorneys for Plaintiff
t
I' 11
MEMBERS 1ST FEDERAL IN THE COURT OF COMMON PLEAS OF
CREDIT UNION, CUMBERLAND COUNTY, PENNSYLVANIA
PLAINTIFF
V.
LEROY K. GORDON AND
KAREN E. GORDON,
DEFENDANTS NO. 08-7180 CIVIL
ORDER OF COURT
AND NOW, this 17"' day of April, 2009, upon consideration of the Motion to
Compel Answers to Interrogatories and Request for Production of Documents and to
Determine Sufficiency of Answers and Objections to Plaintiff's Request for Admissions
filed by the Plaintiff,
IT IS HEREBY ORDERED AND DIRECTED that:
1. A Rule is issued upon the Defendants to show cause why the relief requested
should not be granted;
2. The Defendants will file an answer on or before May 7, 2009;
3. If no answer to the Rule to Show cause is filed by the required date, the relief
requested by Plaintiff shall be granted. If the Defendants file an answer to this Rule to
Show Cause, the Court will determine if further order or hearing is necessary.
4. The Prothonotary is directed to forward said Answer to this Court.
5. Notice of this Order shall be provided to all parties by the Plaintiff.
By the Court,
?* --?, ?A4
M. L. Ebert, Jr., J.
Exhibit "A"
l 1Z I( 1..? ?l? 13 o A. F; IVXr L L 12?M S 0 T "I' o& t L.1Z o -y & FALLER
MAPTSON
LAW OFFICES
11) FAST HIGH STRFF.T
CARLISLE, PENNSYINANIA 17013
Ti:1,FPHONF. (-17) 243-3341
FACsrnuLF. (71') 243-1850
INTERNET uwwmartsonlaw.com
WILd.1AM F. NIARTSON
JOHN B. FQAXTI ER III
DANIEL K. DEARDORFF
THOMAS J. WILLIAMS*
IVO V. OTTO III
HUBEAT X. GILROY
GEORGE B. FAI.LF.R JR.*
`BOARD Cwnm
DAVID A. FITZSIMONS
CHRISTOPHER E. RICF
JENNIFER L. SPEARS
SETH T. MOSEBEY
TRLDY E. FLHLINGER
KATIE J. MAXWF.L.L
JACOB A THEIS
D Cm1 TRIAL SPICIALIST
April 20, 2009
Matthew B. Weisberg, Esquire
PROCHNIAK WEISBERG, P.C.
7 South Morton Avenue
Morton, PA 19070
RE: Members 1st Federal Credit Union v. Leroy Gordon and Karen Gordon
No. 08-07180, Cumberland County Court of Common Pleas
Our File No. 11470.56
Dear Mr. Weisberg:
Enclosed is a copy of Judge Ebert's order requiring you to file an answer to our recently filed
Motion to Compel and to Determine Sufficiency of Answers to Admissions by May 7, 2009, in the
above captioned action.
This is a debt collecting firm. Any information obtained will be used for that purpose.
Very truly yours,
MARTSON LAW OFFICES
Christopher E. Rice
CER/mmp
Enclosure
cc: Members 1" Federal Credit Union
F. \FILES\Chents\Membm I st t 1470TILES\Current\56\ 11470 56. mw5
Exhibit "B"
INFORMATION • ADVICE • ADVOCACY sM
CERTIFICATE OF SERVICE
I, Mary M. Price, an authorized agent for Martson Law Offices, hereby certify that a copy
of the foregoing Motion was served this date by depositing same in the Post Office at Carlisle,
PA, first class mail, postage prepaid, addressed as follows:
Matthew B. Weisberg, Esquire
PROCHNIAK WEISBERG, P.C.
7 South Morton Ave.
Morton, PA 19070
MARTSON LAW OFFICES ?-/? ) ?e' (2?c?
By:
M rice
Te YM
a igh Street
Carlisle, PA 17013
(717) 243-3341
Dated: j yj3 Q ?
This is a debt collecting firm. Any information obtained will be used for that purpose.
0*1-11
2609 NAY 1 3 91110: 4
?, k
MEMBERS 1ST FEDERAL
CREDIT UNION,
Plaintiff
V.
LEROY K. GORDON and
KAREN E. GORDON,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 08 - 7180 CIVIL TERM
IN MORTGAGE FORECLOSURE
ORDER
AND NOW, this th% day of M , 2009, upon consideration of Plaintiff's
Petition to Make Rule Absolute, it is hereby ORDERED that:
(1) Plaintiff's Request for Admissions are hereby deemed admitted; and
(2) Defendants shall answer Plaintiff's First Set of Interrogatories and Requests to
Produce Documents within twenty (20) days of the date of this Order.
BY THE COURT,
s4.
J.
?Wrr y W
d
law S31
1 1 t-/
5 V ! 4 "tf ?, i f
t j f
t£ Il;! dW60OZ
jlIj
Christopher E. Rice, Esquire
Attorney I.D. No. 90916 n ~' o
Jacob M. Theis, Esquire ?` ,
Attorney I.D. No. 208631
-' -?
-,
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER --
MARTSON LAW OFFICES , :-, c, `'' Y
J
10 East High Street I _ 4D
4
Carlisle, PA 17013
(717) 243-3341 ` - -
Attorneys for Plaintiff `
MEMBERS 1ST FEDERAL : IN THE COURT OF COMMON PLE S OF
CREDIT UNION, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V.
LEROY K. GORDON and
KAREN E. GORDON,
Defendants
:NO. 08 - 7180 CIVIL TERM
: IN MORTGAGE FORECLOSURE
PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT
Pursuant to Pa.R.C.P. No. 1035 et al., Plaintiff Members I" Federal Credit Union, by and
through its attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, move
for summary judgment, and in support thereof avers as follows:
1. Plaintiff commenced this action by filing a complaint in mortgage foreclosure against
the Defendants on December 8, 2008, alleging that Defendants were in default on a mortgage held
by Plaintiff.
2. On February 4, 2009, Defendants filed an Answer with New Matter.
3. On February 11, 2009, Plaintiff filed a response to Defendants' New Matter.
4. The pleadings are closed between the parties.
5. On March 4, 2009, Plaintiff served on Defendants Request for Admissions, Requests
for Production of Documents, and Interrogatories. A copy of Plaintiff s Request for Admissions are
attached hereto as Exhibit "A."
6. On April 3, 2009, Defendants delivered responses to Plaintiff's 'Request for
Admissions. A true and correct copy of Defendants' responses are attached hereto and incorporated
herein by reference as Exhibit "B."
7. On April 3, 2009, Defendants delivered a Supplemental Response io Plaintiff's
Request for Admissions, which consisted solely of a verification.
8. Plaintiff subsequently filed a Motion to Compel Answers to Interrogatories and
Request for Production of Documents and to Determine Sufficiency of Answers and Objections to
Plaintiffs Request for Admissions, requesting that Defendants' responses to the Request for
Admissions be deemed admitted for failure to comply with Pa.R.C.P. No. 4014(b).
9. On April 17, 2009, the Honorable Judge Ebert issued an Order on j said Motion
requiring Defendants to file and Answer thereto by May 7, 2009, or else the relief requested by
Plaintiff would be granted. A true and correct copy of the April 17, 2009 Order is at?ached hereto
and incorporated herein by reference as Exhibit "C."
10. Defendants failed to file an Answer by May 7, 2009, and on May 13, 2009, Plaintiff
filed a Petition to Make Rule Absolute, requesting that the relief sought in the Motion to Compel and
to Determine Sufficiency of Answers and Objections to Plaintiffs Request for Admissions be
granted.
11. On May 14, 2009, the Honorable Judge Ebert granted Plaintiffs Petiltion to Make
Rule Absolute, thereby ordering, among other things, that Plaintiffs Request for Admissions be
deemed admitted. A true and correct copy of the May 14, 2009 Order is attached hereto and
incorporated herein as Exhibit "D."
12. Among the Admissions deemed admitted by the May 14, 2009 Order, are the
following:
a. Defendants admitted that they failed to make any payments from September
2007 through present (including payments for principal and/or for interest),
and that they are in default (Plaintiff s Request for AdmissionlNo. 5 - 7);
l
b. Defendants admitted that the Note and Mortgage attached io Plaintiffs
Complaint were executed by them, and were in the amount of1$483,210.00
(Plaintiffs Request for Admission No. 4).
13. Pa.R.C.P. 1035.2 provides that summaryjudgment may be granted as a :matter of law
whenever there is no genuine issue of material fact as to a necessary element of the cause of action
or defense.
14. Pursuant to the law of this Commonwealth, summary judgment is appropriate in
mortgage foreclosure actions where a defendant admits (1) that the mortgage is in de?ault, (2) that
they have failed to pay interest on the obligation, and (3) that the recorded mortgage is in the
specified amount.
15. By virtue of Defendants' admissions, no issue of material fact can be established by
further discovery, and judgment in favor of Plaintiff is appropriate as a matter of law.
16. This case has not been listed for trial and this Motion will not unreasonably delay
trial.
17. Defendants' counsel does not concur in this Motion.
18. The Honorable Judge Ebert has made prior rulings in this case as outlined above.
WHEREFORE, Plaintiff Members V Federal Credit Union requests that this Honorable
Court grant its Motion for Summary Judgment against Defendants in this mortgag foreclosure
action in the sum of $575,221.12, plus interest from November 13, 2008, at the rate ?f $91.73 per
day until the debt is paid in full, additional late charges, costs (including additional escrow
advances), and attorney fees.
I.D. No. 90916
Jacob M. Theis, Esquire
I.D. No. 208631
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Date: 6-16 - 09 Attorneys for Plaintiff
MARTSON LAW OFFICES
CERTIFICATE OF SERVICE
I, Mary M. Price, an authorized agent for Martson Law Offices, hereby certify that a copy
of the foregoing Motion for Summary Judgment was served this date by depositing same in the
Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows:
Matthew B. Weisberg, Esquire
PROCHNIAK WEISBERG, P.C.
7 South Morton Ave.
Morton, PA 19070
MARTSON LAW OFFICES
By:
Mary M. Price
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Dated:
This is a debt collecting firm. Any information obtained will be used for that purpose.
EXHIBIT "A"
F:\F1LES\C1ients\Members1st11470\FLLES\Cur 656\11470.56. RegAdmissioru
Revised: 3/4109 244PM
Christopher E. Rice, Esquire
Attorney I.D. No. 90916
Jacob M. Theis, Esquire
Attorney I.D. No. 208631
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER
MARTSON LAW OFFICES
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
MEMBERS F` FEDERAL
CREDIT UNION,
Plaintiff
V.
LEROY K. GORDON and
KAREN E. GORDON,
Defendants
IN THE COURT OF COMMON
CUMBERLAND COUNTY, PEI
NO. 08 - 07180 CIVIL TERM
IN MORTGAGE FORECLOSURE
35 OF
MANIA
TO: LEROY K. GORDON and KAREN E. GORDON, Defendants, and their attorney,
MATTHEW B. WEISBERG, ESQUIRE.
PROCHNIAK WEISBERG, P.C.
7 South Morton Avenue
Morton, PA 19070
Enclosed please find Requests for Admissions served by Plaintiff to be answered under oath
by Defendants within thirty (30) days from the date of service hereof. A copy of said Answers shall
be served upon counsel for Plaintiff at the address below.
Each matter of which an admission is requested is admitted unless within th rty (30) days
after service of the request a sworn answer or an objection to the matter, signed by the Defendants
or their attorney, is served upon counsel for Plaintiff.
It is hereby certified that a true and correct copy of this Request for Admissions was mailed
to counsel for Defendants on this date by the undersigned.
MARTSON LAW OFFICES
By:
Christopher E. Rice, Esquire
I.D. No. 90916
Jacob M. Theis, Esquire
I.D. No. 208631
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Date: 3 - y- 07 Attorneys for Plaintiff
This is a debt collecting firm attempting to collect a debt. Any information o tained will be
used for that purpose.
I?
Request for Admission No. 1
On June 16, 2006, Defendants executed a Note in the amount of $483,210.00, in favor of
Plaintiff and representing money owed to Plaintiff.
Answer:
Request for Admission No. 2
Exhibit "A" attached to Plaintiff's Complaint is an identical copy of the Note executed by
Defendants on June 16, 2006.
Answer:
Request for Admission No. 3
On June 16, 2006, Defendants executed a Mortgage in favor of Plaintiffs, placing a lien
on the real property identified as lots 3 and 3A in Plan Book 92, Page 42, of the Cumberland
County Recorder of Deeds Office, and referred to as 186 Booz Road, Shippensbu?g, Cumberland
County, Pennsylvania.
I
Answer:
Request for Admission No. 4
Exhibit "B" attached to Plaintiff's Complaint is an identical copy of the Mortgage
executed by Defendants on June 16, 2006.
Answer:
Request for Admission No. 5
Pursuant to the terms of the Note executed on June 16, 2006, Defendants failed to make
the required monthly payment for the month of September 2007.
Answer:
Request for Admission No. 6
Pursuant to the terms of the Note executed on June 16, 2006, Defendants failed to make
the required monthly payments for the months of October 2007 through present.
Answer:
Request for Admission No. 7
As of the date of this answer, Defendants are in default of the Note executed on June 16,
2006, and as identified as Exhibit "A" in Plaintiff's Complaint.
Answer:
CERTIFICATE OF SERVICE
I, Mary M. Price, an authorized agent of MARTSON DEARDORFF WILLIAMS OTTO
GILROY & FALLER, hereby certify that a copy of the foregoing Request for Admis4ions was served
this date by depositing same in the Post Office at Carlisle, PA, First Class Mail, postage prepaid,
addressed as follows:
Matthew B. Weisberg, Esquire
PROCHNIAK WEISBERG, P.C.
7 South Morton Avenue
Morton, PA 19070
MARTSON LAW OFFICES
By: AW) ?e -
M rice
Ten E High Street
Carlisle, PA 17013
(717) 243-3341
Dated: IAflo 7
This is a debt collecting firm attempting to collect a debt. Any information obtained will be
used for that purpose.
EXHIBIT "B"
APR-03-2009 FRI 12;12 PM PPW LAW
FAX NO. 6106900880
Frochniak Weisberg, P.C.
Attorneys at Law
Car Mm =* NW' M
rwo Muo im Dr., Str, 200
Gm o n. NJ 08103
Web-Situ: www.ppwlaw.eam
&MAU: mwewDgr@.pp-wlaw.com
To: Christopher E. Rice, Esq.
Philudelnhiacrnmty Pmmylvenie
1500 Walnut St, stc. 1100
Philadelphia, PA 19102
P. 01
7 South Morton Avenue
Morton, Pennsylvania 19070
Ph: 61o.6go.o8ol
Fax: 6%.69o.oUo
6mn D. Pmchniak-
Malt ew B. WeiaberZ+^
Rdo zsM. Stdgcr-
Isaac F. Slopner-
W floe Manger
+PA M130 Madepr
^ ' in PA & NJ
- in MA
Friday ADKI 03.2009
including cover }age
Fax#: 717-243-1850
From: Isaac F. Slepner, Esq.
CC:
Pages: 3
RE: em s 1' Federal Crodit Union v Gordon
Cumberland Co. CCP No. 08-7180 Civil Term
Please see attached Responses to Requests for Admissions.
APR-03-2009 FRI 12:12 PM PPW LAW
PROCHNIAK WEISBERG, P.C.
BY: Matthew B. Weisberg
Attorney ID # 85570
Isaac F. Slepner
Attorney ID # 205088
7 South Morton Avenue
Morton, PA 19070
(610) 690-0801
Members 1" Federal Credit Union
5000 Louise Drive
Mechanicsburg, PA 17055
Plaintiff,
V.
Leroy K. Gordon and Karen E. Gordon
186 Booz Road
Shippensburg, PA 17257
Defendants. .
FAX NO, 6106900880
Attorneys for Defendants
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. 08-7180 CIVIL TERM
i
1-2. Denied. The Note speaks for itself in its entirety.
3-4. Denied. The Mortgage speaks for itself in its entirety.
5-7. Objection. Conclusion of Law.
P.C.
P. 02
MATTHEW B, WEI;
ISAAC F. SLEPNER
Attorneys for Defend.
APR-03-2009 FRI 12:12 PM PPW LAW
PROCIINIAK WEISBERG, P.C.
BY: Matthew B. Weisberg
Attorney ID # 85570
Isaac F. Slepner
Attorney ID # 205088
7 South Morton Avenue
Morton, PA 19070
(610) 6900801
Members 1" Federal Credit Union
5000 Louise Drive
Mechanicsburg, PA 17055
Plaintiff,
V.
Leroy K. Gordon and Karen E. Gordon
186 Booz Road
Shippensburg, PA 17257
Defendants.
FAX NO. 6106900880
Attorneys for Defendants
i
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. 08-7180 CIVIL TERM
CERTIFICATE OF SER'V'ICE
P. 03
I, Matthew B. Weisberg, Esquire, hereby certify that on this P day of Febrluary, 2009, a
true and correct copy of the Answer with Affirmative Defenses was served regular mail upon the
following parties:
Christopher E. Rice, Esq.
Martson Deardorff Williams Otto Gilroy & Faller
Martson Law Offices
10 E. High Street
Carlisle, PA 17013
PROCHNTAK
BY.
MATTHEW B. WEISBERG
ISAAC SLEPNER
Attorney For Defendant
EXHIBIT "C"
A#* h
MEMBERS 1ST FEDERAL : IN THE COURT OF COMMON PLEAS OF
CREDIT UNION, CUMBERLAND COUNTY, PENNSYLVANIA
PLAINTIFF
V.
LEROY K. GORDON AND
KAREN E. GORDON,
DEFENDANTS NO. 08-7180 CIVIL
ORDER OF COURT
AND NOW, this 17th day of April, 2009, upon consideration of the Motion to
Compel Answers to Interrogatories and Request for Production of Documents) and to
Determine Sufficiency of Answers and Objections to Plaintiff's Request for Ad
filed by the Plaintiff,
IT IS HEREBY ORDERED AND DIRECTED that:
1. A Rule is issued upon the Defendants to show cause why the relief `•equested
should not be granted;
2. The Defendants will file an answer on or before May 7, 2009-
3. If no answer to the Rule to Show cause is filed by the required date, the relief
requested by Plaintiff shall be granted. If the Defendants file an answer to thi? Rule to
Show Cause, the Court will determine if further order or hearing is necessary.
4. The Prothonotary is directed to forward said Answer to this Court.
5. Notice of this Order shall be provided to all parties by the Plaintiff.
By the Court,
'O? M. L. Ebert, Jr., J.
EXHIBIT "D"
MEMBERS 1ST FEDERAL : IN THE COURT OF COMMON PL AS OF
CREDIT UNION, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v
: NO. 08 - 7180 CIVIL TERM
LEROY K. GORDON and
KAREN E. GORDON,
Defendants IN MORTGAGE FORECLOSURE
ORDER
AND NOW, this _&Lkday of fqslihi , 2009, upon consideratior
Petition to Make Rule Absolute, it is hereby ORDERED that:
. of Plaintiff's
(1) Plaintiff's Request for Admissions are hereby deemed admitted; and
(2) Defendants shall answer Plaintiff's First Set of Interrogatories ar?d Requests to
Produce Documents within twenty (20) days of the date of this Order.
BY THE COURT,
?" d
CERTIFICATE OF SERVICE
I, Mary M. Price, an authorized agent for Martson Law Offices, hereby certi that a copy
of the foregoing Motion for Summary Judgment was served this date by depositing same in the
Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows:
i
Matthew B. Weisberg, Esquire
PROCHNIAK WEISBERG, P.C.
7 South Morton Ave.
Morton, PA 19070
MARTSON LAW OFFICES
M Price
Ten E V
t High Street
Carlisle, PA 17013
(717) 243-3341
Dated: ?' 116107
This is a debt collecting firm. Any information obtained will be used for that (purpose.
cr,
Y) c
PRAECIPE FOR LISTING CASE FOR ARGUMENT
(Must be typewritten and submitted in duplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the next
Argument Court.)
------------------------------------------
---------------------------------
CAPTION OF CASE
(entire caption must be stated in full)
MEMBERS 1st FEDERAL CREDIT UNION
vs.
LEROY K. GORDON and
KAREN E. GORDON
No. 08-7180 Civil Term
1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to
complaint, etc.):
Plaintiff's Motion for Summary Judgment
2. Identify all counsel who will argue cases:
(a) for plaintiffs:
Jacob M. Theis, Esquire; MARTSON LAW OFFICES
(Name and Address)
10 East High Street, Carlisle, PA 17013
(b) for defendants:
Matthew B. Weisberg, Esquire; PROCHNIAK WEISBERG, P.C.
(Name and Address)
7 South Morton Avenue, Morton, PA 19070
3. 1 will notify all parties in writing within two days that this case has been listed for
argument.
4. Argument Court Date:
Sentemher 4. 9nno
Plaintiff
Date: July 22, 2009 Attorney for
INSTRUCTIONS:
1. Two copies of all briefs must be filed with the COURT ADMINISTRATOR
(not the Prothonotary) before argument.
2. The moving party shall file and serve their brief 12 days prior to argument.
3. The responding party shall file their brief 5 days prior to argument.
4. If argument is continued new briefs must be filed with the COURT
ADMINISTRATOR (not the Prothonotary) after the case Is rellsted.
JacoD M. "Theis, Esquire
Print your name
OF
"ENE
,, -NOTARY
2009 JU 23 Ah 8: ? f
C11M 4,:: ; t 'U J } Y
MEMBERS 1 IT FEDERAL
CREDIT UNION,
Plaintiff
V.
LEROY K. GORDON and
KAREN E. GORDON,
Defendants
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 08 - 7180 CIVIL TERM
: IN MORTGAGE FORECLOSURE
ORDER
AND NOW, this day of Se- 2009, upon consideration of Plaintiffs
Motion for Summary Judgment, summary judgment is hereby granted in favor of Plaintiff Members
I" Federal Credit Union and against Defendants Leroy and Karen Gordon in the above-captioned
mortgage foreclosure action in the sum of $575,221.12, plus interest from November 13, 2008, at
the rate of $91.73 per day until the debt is paid in full, additional late charges, costs (including
additional escrow advances), and attorney fees.
Distribution:
? Matthew B. Weisberg, Esquire
PROCHNIAK WEISBERG, P.C.
7 South Morton Ave.
Morton, PA 19070
L.' h stopher E. Rice, Esquire
MARTSON LAW OFFICES
10 East High Street
Carlisle, PA 17013
tFS ffmtl5c c
?1«lc)7
BY THE COURT,
) tL. ?
U, I J.
FILEL' -C)i T iv
OF THE RRO-14 r, 0TARY
2009 SEt I I PM 2: 06
pE I''&(LVfs",+sA
a
' F:\FII.ES\Clients\11470 Members Ist\FHES\Cutrent\:i6\11470.56.pra.writ.execution/drg
Created: 2/23/05 9:27AM
• Revised: 11/13/09 1:06PM
Christopher E. Rice, Esquire
Attorney I.D. No. 90916
Jacob M. Theis, Esquire
Attorney I.D. No. 208631
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER
MARTSON LAW OFFICES
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
MEMBERS 1ST FEDERAL : IN THE COURT OF COMMON PLEAS OF
CREDIT UNION, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V.
NO. 08 - 7180 CIVIL TERM
LEROY K. GORDON and
KAREN E. GORDON,
Defendants IN MORTGAGE FORECLOSURE
PRAECIPE FOR WRIT OF EXECUTION
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please issue writ of execution in the above matter,
(1) directed to the Sheriff of Cumberland County;
(2) against Leroy K. Gordon and Karen E. Gordon, Defendants; and
(3) execute against real property known 186 Booz Road, Shippensburg, Pennsylvania
PA 17257, owned by Defendants and identified as attached hereto.
Principal Balance: $480,202.75
Interest past due as of November 13, 2008: $69,195.00
Late Payment Charges: $3,509.66
Escrow Advanced: $9,813.71
Court Costs and fees as recoverable under the Mortgage terms $
Attorney's Fees (estimated): $15,000.00
Total Due as of November 13, 2008: $575,221.12
Plus interest accruing at $91.71 per day from November 13, 2008, until the
debt is paid in full: $
* To be determined by the Cumberland County Sheriff.
MARTSON LAW OFFICES
0,` 57 Christopher E. Rice, Esquire
I.D. No. 90916
Jacob M. Theis, Esquire
I.D. No. 208631
Ten East High Street
Carlisle, PA 17013-3093
(717) 243-3341
Date: ((- P- 0 9 Attorneys for Plaintiff
This is a debt collecting firm attempting to collect a debt for Members V Federal Credit Union,
and any information obtained will be used for that purpose.
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Christopher E. Rice, Esquire
Attorney I.D. No. 90916
Jacob M. Theis, Esquire
Attorney I.D. No. 208631
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER
MARTSON LAW OFFICES
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
MEMBERS 1 ST FEDERAL
CREDIT UNION,
Plaintiff
V.
LEROY K. GORDON and
KAREN E. GORDON,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 08 - 7180 CIVIL TERM
: IN MORTGAGE FORECLOSURE
AFFIDAVIT PURSUANT TO RULE 3129.1
Members 1" Federal Credit Union, 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 186 Booz Road, Shippensburg, Pennsylvania 17257, and being Lots 3 and 3A according
to a Subdivision Plan recorded in the Recorder of Deeds Office of Cumberland County,
Pennsylvania, in Plan Book 92, Page 42, and as further described in Exhibit "A" attached hereto:
1. Name and address of owner(s) or reputed owner(s):
Leroy K. Gordon and Karen E. Gordon
186 Booz Road
Shippensburg, PA 17257
Leroy K. Gordon and Karen E. Gordon
c/o Matthew B. Weisberg, Esquire
PROCHNIAK WEISBERG, P.C.
7 South Morton Ave.
Morton, PA 19070
Leroy K. Gordon and Karen E. Gordon
c/o Larry V. Young, Esquire
CGA Law Firm
135 North George Street
York, PA 17401
2. Name and address of defendants in the judgment:
Leroy K. Gordon and Karen E. Gordon
186 Booz Road
Shippensburg, PA 17257
3. Name and address of every judgment creditor whose judgment is a record lien
on the real property to be sold:
A&A Decorative Design and Supplies, Inc.
1000 Mt. Rock Road
Shippensburg, PA 17257
A&A Decorative Design and Supplies, Inc.
c/o Shawn D. Meyers, Esquire
STEIGER, STEIGER & MEYERS
120 North Main Street
Mercersburg, PA 17236
Valley Heating & Cooling, LLC
A Division of College Town, Inc.
73 West Bird Street
P.O. Box 337
Shippensburg, PA 17257
Fayetteville Contractors Inc.
P.O. Box FCI
Fayetteville, PA 17222
Fayetteville Contractors Inc.
c/o Donald L. K.ornfield, Esquire
KORNFIELD & BENCHOFF, LLP
17 North Church Street
Waynesboro, PA 17268
Marvin Window & Door Showplace, Inc.
1261 Claremont Road
Carlisle, PA 17015
Marvin Window & Door Showplace, Inc.
c/o Richard C. Snelbaker, Esquire
SNELBAKER & BRENNEMAN, P.C.
44 West Main Street
Mechanicsburg, PA 17055
Orrstown Bank
77 East King Street
Shippensburg, PA 17257
Orrstown Bank
c/o David A. Baric, Esquire
19 West South Street
Carlisle, PA 17013
Office of Unemployment Compensation Tax Services
Department of Labor & Industry
P.O. Box 60848
Harrisburg, PA 17106
Office of Unemployment Compensation
7th Floor, Labor & Industry Building
651 Boas Street
Harrisburg, PA. 17121
Glass Distributors Inc.
P.O. Box 349
Bladensburg, MD 20710-0349
Glass Distributors Inc.
c/o Robert D. Kodak, Esquire
KODAK & IMBLUM, P.C.
407 North Front Street
P.O. Box 11848
Harrisburg, PA 17108
Farmers & Merchants Trust Co.
20 South Main Street
Chambersburg, PA 17201
Farmers & Merchants Trust Co.
c/o Scott A. Dietterick, Esquire
JAMES, SMITH, DIETTERICK & CONNELLY, LLP
P.O. Box 650
Hershey, PA 17033
Deere & Company
6400 NW 86`h Street
Johnston, IA 50131
.?4
Deere & Company
c/o Clayton W. Davidson, Esquire
McNEES WALLACE & NURICK, LLC
100 Pine Street
P.O. Box 1166
Harrisburg, PA 17108
4. Name and address of the last recorded holder of every mortgage of record:
Members I" Federal Credit Union
5000 Louise Drive
Mechanicsburg, PA 17055
5. Name and address of every other person who has any record lien on the
property:
Collection Advisory Unit
U.S. Treasury Department
1000 Liberty Ave
Room 704
Pittsburgh, PA 15222
U.S. Treasury Department
1111 Constitution Ave. NW
Washington D.C., 20224
Citicapital Commercial Corporation
3950 Regent Blvd.
2"d Floor
Lien Perfection
Irving, TX 75063
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:
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:
None.
I verify that the statements made in this affidavit are true and correct to the best of my
personal knowledge or information and belief. I understand that false statements herein are made
subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities.
MARTSON LAW OFFICES
Date: L l- Q- 4°t By: ?r/t
Christopher E. Rice, Esquire
This is a debt collecting firm attempting to collect a debt for Members l' Federal Credit Union,
and any information obtained will be used for that purpose.
EP
it 56
Christopher E. Rice, Esquire
Attorney I.D. No. 90916
Jacob M. Theis, Esquire
Attorney I.D. No. 208631
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER
MARTSON LAW OFFICES
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
MEMBERS 1ST FEDERAL
CREDIT UNION,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
LEROY K. GORDON and
KAREN E. GORDON,
Defendants
NO. 08 - 7180 CIVIL TERM
: IN MORTGAGE FORECLOSURE
NOTICE OF SHERIFF'S SALE
OF REAL PROPERTY PURSUANT TO
PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.2
TAKE NOTICE that the Sheriff s Sale of Real Property will be held on March 3, 2010, by
the Cumberland County Sheriff's Office, at the Cumberland County Courthouse, 1 Courthouse
Square, Carlisle, PA 17013, at 10:00 AM, prevailing local time.
THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly
consisting of a statement of the measured boundaries of the property, together with a brief mention
of the buildings and any other major improvements erected on the land (SEE LEGAL
DESCRIPTION ATTACHED HERETO).
THE LOCATION of the property to be sold is 186 Booz Road, Shippensburg, Cumberland
County, Pennsylvania 17257.
THE JUDGMENT under or pursuant to which the property is being sold is docketed to: No.
2008 - 7180 Civil Term, Cumberland County C.C.P., Pennsylvania.
THE NAME OF THE OWNERS OR REPUTED OWNERS OF THE PROPERTY ARE
Leroy K. Gordon and Karen E. Gordon, 186 Booz Road, Shippensburg, Cumberland County,
Pennsylvania.
A SCHEDULE OF DISTRIBUTION, being listed of the persons and/or government or
corporate entities or agencies being entitled to receive part of the proceeds of the sale received and
to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are
owed taxes) will be filed by the Sheriff within thirty (30) days after the sale, and distribution of the
proceeds of the sale in accordance with this schedule will, in fact, be made unless someone objects
by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule
of Distribution may be obtained from the Sheriff of Cumberland County, Cumberland County
Courthouse, I Courthouse Square, Room 303, Carlisle, Pennsylvania 17013, (717) 240-6390.
THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR
PROPERTY OR PROPERTY RIGHTS. It has been issued either because there is a Judgment
against you or because the sale of real property described herein may affect an interest you have in
the real property. It may cause your property to be held, sold or taken to pay the Judgment. You may
have legal rights to prevent your property from being taken. A lawyer can advise you more
specifically of these rights. If you wish to exercise your rights, you must act promptly.
YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION TO YOUR
LAWYER AT ONCE IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO
TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN
GET LEGAL ADVICE.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
Date: I`- I-? -Oq
MARTSON LAW OFFICES
By: `
stopher E is , uire
I.D. 90916
Jacob M. Theis, Esquire
I.D. 208631
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
This is a debt collecting firm attempting to collect a debt for Members Vt Federal Credit Union,
and any information obtained will be used for that purpose.
,? ,
a
w
WRIT NO. 08-7180
LEGAL DESCRIPTION
186 Booz Road, Shippensburg, PA 17257, and known as
Lots 3 and 3A of the Subdivision Plan recorded in the Recorder of Deeds Office of Cumberland
County, Pennsylvania, in Plan Book 92, Page 42;
Tax Parcel Number: 11-09-0509-058
ALL THAT CERTAIN lot or tract of land situate in Hopewell Township, Cumberland
County, Pennsylvania, designated as Lot "3" and Lot "3A" as shown on Subdivision Plan entitled
"Final Subdivision Plan for Wadel Masons" prepared by Eric L. Diffenbaugh, Professional Land
Surveyor, which plan has been approved by the appropriate municipal authorities as a final
Subdivision Plan, and which is recorded in the Office of the Recorder of Deeds in and for
Cumberland County, Pennsylvania in Plan Book 92, Page 42; and are bounded and described as
follows:
BEGINNING at an existing railroad spike in Booz Road (SR 4003) at the dividing line
between Lot 2 and Lot 3 on the hereinabove referenced Plan; thence along said dividing line, North
72 degrees 12 minutes 35 seconds West 442.77 feet to an existing iron pin; thence along the dividing
line between Lot 2A and Lot 3A on the hereinabove referenced Plan, North 72 degrees 12 minutes
35 seconds West 390.39 feet to a set iron pin; thence along the dividing line between Lot 3A on the
hereinabove referenced plan and Lot 5 as set forth in Plan Book 92, Page 42, North 24 degrees 37
minutes 03 seconds East 258.72 feet to a set iron pin; thence along the dividing line between Lot 3A
and Lot 4A on the hereinabove referenced Plan, South 72 degrees 12 minutes 35 seconds East 383.97
feet to an existing iron pin; thence along the dividing line between Lot 3 and Lot 4 on the
hereinabove referenced Plan, South 72 degree 12 minutes 35 seconds East 418.44 feet to an existing
railroad spike; thence in Booz Road (SR 4003), South 17 degrees 47 minutes 25 seconds West
256.89 feet to a set railroad spike, the point and place of BEGINNING.
CONTAINING 4.8227 acres, more or less, in accordance with the above-referenced plan.
TOGETHER with and under and subject to notations as shown on said plan.
UNDER AND SUBJECT TO any and all existing covenants, agreements, conditions,
easements, restrictions of record.
BEING THE SAME PREMISES which Wadel Masons, a Pennsylvania partnership,
comprised of Wayne L. Wade], Jr. and Ronald A. Wadel, by deed dated June 15, 2006, and recorded
June 27, 2006, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania
in Deed Book 275, Page 1595, conveyed to Leroy K. Gordon and Karen E. Gordon, husband and
wife.
TO BE SOLD AS THE PROPERTY OF LEROY K. GORDON AND KAREN E. GORDON,
HUSBAND AND WIFE, ON JUDGMENT ENTERED AT THE ABOVE NUMBER AND TERM.
EXHIBIT "A"
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 09-7180 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due MEMBERS 11T FEDERAL CREDIT UNION,
Plaintiff (s)
From LEROY K. GORDON and KAREN E. GORDON
(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 $575,221.12
L.L. $.50
Interest accruing at $91.71 per day from 11/13/08 until paid in full -- To be Determined
Atty's Comm/Fees $15,000.00 % Due Prothy $2.00
Atty Paid $185.56 Other Costs:
Interest past due as of 11/13/08 -- $69,195.00
Late payment charges -- $3,509.66
Escrow Advanced -- $9,813.71
Plaintiff Paid
Date: 11/17/09 u R. Long, Protonota
(Seal) By: IC_
Deputy
REQUESTING PARTY:
Name: CHRISTOPHER E. RICE, ESQUIRE
Address: MARTSON LAW OFFICES
10 EAST HIGH STREET
CARLISLE, PA 17013
Attorney for: PLAINTIFF
Telephone: 717-243-3341
Supreme Court ID No. 90916
' 'F.\FILES\C4ients\11470 Memlxrs1st\FILES\Cmrrn1\56\11470.56.affidavit
Christopher E. Rice, Esquire
Attorney I.D. No. 90916
0, F
Jacob M. Theis, Esquire
Attorney I.D. No. 208631 2010
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER
MARTSON LAW OFFICES
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
Flo
F.
MEMBERS 1ST FEDERAL : IN THE COURT OF COMMON PLEAS OF
CREDIT UNION, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v. s
NO. 08 - 7180 CIVIL TERM z
e
LEROY K. GORDON and C
KAREN E. GORDON,
Defendants IN MORTGAGE FORECLOSURE
N
r
AFFIDAVIT
I, Christopher E. Rice, Esquire, counsel for Plaintiff in the above action, hereby certify that
Notice of Sheriff s Sale of 186 Booz Road, Shippensburg, Cumberland County, Pennsylvania 17257,
was served by regular mail at the address set forth in the Affidavit Pursuant to Pa. R.C.P. 3129. 1, with
the return address of the Plaintiff appearing thereon, to the following:
Orrstown Bank
c/o David A. Baric, Esquire
19 West South Street
Carlisle, PA 17013
Orrstown Bank
77 East King Street
Shippensburg, PA 17257
A & A Decorative Design and Supplies, Inc.
1000 Mt. Rock Road
Shippensburg, PA 17257
A & A Decorative Design and Supplies, Inc.
c/o Shawn D. Meyers, Esquire
120 North Main Street
Mercersburg, PA 17236
Valley Heating & Cooling, LLC, a division of
College Town, Inc.
73 West Bird Street
P.O. Box 337
Shippensburg, PA 17257
Fayette Contractors, Inc.
P.O. Box FCI
Fayetteville, PA 17222
U.S. Treasury Department
1111 Constitution Avenue, N.W.
Washington, DC 20224
Fayette Contractors, Inc.
C/o Donald L. Kornfield, Esquire
Kornfield & Kornfield, LLP
17 North Church Street
Waynesboro, PA 17268
Marvin Window & Door Showplace, Inc.
1261 Claremont Road
Carlisle, PA 17013
Collection Advisory Unit
U.S. Treasury Department
1000 Liberty Avenue, Room 704
Pittsburgh, PA 15222
Marvin Window & Door Showplace, Inc.
c/o Richard C. Snelbaker, Esquire
Snelbaker & Brenneman
44 West Main Street
Mechanicsburg, PA 17055
Department of Unemployment Compensation
Labor & Industry Building, 7'h Floor
651 Boas Street
Harrisburg, PA 17121
Glass Distributors, Inc.
P.O. Box 349
Bladensburg, MD 20710-0349
Glass Distributors, Inc.
c/o Robert D. Kodak, Esquire
Kodak & Imblum, P.C.
407 North Front Street
Harrisburg, PA 17108
Farmers & Merchants Trust Co.
20 South Main Street
Chambersburg, PA 17201
Fanners & Merchants Trust Co.
c/o Scott A. Dietterick, Esquire
James, Smith, Dietterick & Connelly, LLP
P.O. Box 650
Hershey, PA 17033
Deere & Company
6400 NW 86`h Street
Johnston, IA 50131
Deer & Company
c/o Clayton W. Davidson, Esquire
McNees Wallace & Nurick, LLC
100 Pine Street
P.O. Box 1166
Harrisburg, PA 17108
Members 1" Federal Credit Union
5000 Louise Drive
Mechanicsburg, PA 17055
Office of Unemployment Compensation Tax Service
Department of Labor & Industry
P.O. Box 60848
Harrisburg, PA 17106
Citicapital Commercial Corporation, lien Perfection
3950 Regent Boulevard, 2"d Floor
Irving, TX 75063
There are attached hereto as Exhibit "A", Certificates of Mailing, U.S. Postal Service Form
3817, confirming mailing to such entities and individuals.
MARTSON LAW OFFICES
57
?-
By:
Christopher E. Rice, Esquire
Sworn to and subscribed before me
thisI,stday o ecember, 2009.
L L,0LA , !J
NPtey Public
COMMONWEALTH OF PENNSYLVANIA
Nu e' Seel
144ary ?fi. Pace, ;dc terY Pub9io
Caris<.; Gore Curnormnd (:,-,wily
My Corny; is ,ion F) plres t?3.18, 2011
Member. Pennsylvania Association of Notaries
U.S. POSTAL SERVICE
CERTIFICATE OF MA
Raoeived From:
10 East High Stre
Carlisle, PA 17010
One Pies of ordinary mail addrapd to:
Orrstown Bank, c/o D
19 West South Street
10 ae
?n J 2
~• 5
Baric, Esquire
Carlisle, PA 17013
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE
FORINSURANCE - POSTMASTER
PS FORM
MAY 1978 3017
U.S. POSTAL SERVICE
CERTIFICATE OF MAILING
Received From:
Martson Law Offices
10 East High Street
?rGPO: 1977-750-851
a :.
Carlisle, PA 17013
One Piece of ordinary mail addrewd to:
Orrstown Bank
77 East King Street
Shi ensbur , PA 172~h-
MAY BE USED FOR DOMESTIC AND INTER IQ?lj AL MAIL, DOES NOT PROVIDE
FORINSURANCE - POSTMASTER
PS FORM ?rGPO: 1977-750-851
MAY 1978 3817
01
x
LU
-i
In
d
z
Ma
U.S. POSTAL SERVICE
CERTIFICATE OF MAILI e8At
Received From: j
Martson Law Offices o
10 East High Street Carlisle, PA 17013 One Piece of ordinary mail eddreaad to:
A&A Decorative Design and Supplies, Inc.
1000 Mt. Rock Road
Shippensburg, PA 17257
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE
FOR INSURANCE - POSTMASTER
FORM
MAY1!178 X17 irGPO: 1977-750-851
M
U.B. PORTAL SERVICE
CERTIFICATE OF MAILING
Received From:
Martson Law Offices
10 East High Street
Carlisle, PA 17013
r ?F
Lur am'
1 4* 14?..fL
One Pism of ordinary nail addreued to:
A&A Decorativ Design , Inc.
c/o Shawn D. Meyers, Esq , Steiger, Steiger b
190 NOV Mold crrPOr ewers
Mercersburg, PA 17236
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE
FOR INSURANCE - POSTMASTER
PS FORM
MAY 1978 3817
* GPO: 1977-750-851
U.B. POSTAL WVICE
CERTIFICATE OF MAILING
Rwived From:
Martson Law Offices
10 East High Street
Carlisle, PA 17013
One Piwe of ordinary mail eddreoed to:
Valley Heating & Cooling, LLC, a division of
College own, Inc.
Shippensburg, PA 17257
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE
FOR INSURANCE - POSTMASTER
PS FORM
MAY 1978 3817
* GPO: 1977-750-851
U.S. POSTAL SERVICE
CERTIFICATE OF MAI
Received From:
Martson Law Offices
10 East High Street
Carlisle, PA 17013
>d
J
S\
bd
One Pieq of ordinary mail addr""d to:
Fayetteville Contractors, Inc.
P.O. Box FCI
Fayetteville PA 17222
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE
FOR INSURANCE - POSTMASTER
a r%RW
MAY 1978 3817 * GPO: 1977-750-851
U.S. POSTAL SERVICE %
CERTIFICATE OF MAIL b SQ, %
Received From:
Martson Law Office P `
n
10 East High Street
Carlisle, PA 17013
One piece of ordinary mail addreped to:
U.S. Treasury Department
1111 Constitution Avenue, N.W.
Washington, DC 20224
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE
FOR INSURANCE - POSTMASTER
PS FORM {7GPO: 1977-750-851
MAY 1978 3817
U.S. POSTAL SERVWE
CERTIFICATE OF MAIM
Received From: c /
Martson Law Office lo;
10 East High Street\
Carlisle, PA 17013
v? 'yam--? ; 5
I?.?firrr_ti .
•. .
One pied of ordinary mail addrand to:
Fayetteville Contractors, Inc., c/o Donald L.
orn ie Esquire, orn ie enc o , LP
17 Nnrth rhttrsh_$treliat
Waynesboro, PA 17268
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE
FOR INSURANCE - POSTMASTER
PS FORM 3817
MAY 1978
* GPO: 1977-750-851
U.S. POSTAL SERVICE
CERTIFICATE OF MAILING---- A
Received From: Is ?v
Martson Law Office °j ew? p
10 East High Stree „ And,
{
%
66,
r 16
t.Gtill.Ste. rH 1/U1.S
One piece of ordinary mail addreend to:
Marvin Window & Door Showplace, Inc.
1261 Claremont Road
Carlisle, PA 17018
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE
FOR IN6URANCE - POSTMASTER
Fla row U17 it GPO: 1977-750-851
MAY 1974
%
U.S. POSTAL SMVWE
CERTIFICATE OF MAILI", j ,
Rwiwd From:
Martson Law Offices l??? f
10 East High Street C a
-Z>
Carlisle, PA 17013 Fr.; ?,?^
Ona piw of ordinary mail addraaaad to:
Collection Advisory Unit, U.S. Treasury Dept.
i er y venue, Room /04
Pittsburgk, PA 15222
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE
FOR INSURANCE - POSTMASTER
PS FORM {r GPO: 1977-750-851
MAY 1978 17
U.S. POSTAL SIRVICS
CERTIFICATE OF MAILING A
'
Received From:
Martson Law Offices' P
A
10 East High Stree &Carlisle, PA 17013??? ,?
.=r• ,,,
-- ?:/
One piw of ordinary mail addrwad to:
Marvin Window & Door Showplace, Inc., c/o
Klefiard C. ne a er, qq., ne a e enneman
44 We-t- M-in Ctra°i-
Mechanicsburg, PA 17055
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE
FOR INSURANCE - POSTMASTER
PS FORM
MAY 1978 3017
U.S. POSTAL SIAVICE
CERTIFICATE OF MAILIN
Rwiwd From: nJ
Martson Law Office
10 East High Stree
Carlisle, PA 17013 ?'
?rGPO: 1977-750-851
•rr
A
Ona pi" of ordinarv mail addraaad to:
Department of Unemployment Compensation, 7th Fl.
a industry u g
6SI Rn^a Street
Harrisburg, PA 17121
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE
FOR INSURANCE - POSTMASTER
PS FORM *GPO: 1977-750-851
17
MAY 1976
US. POSTAL SERVICE Yti: ti •. i
CERTIFICATE OF MAILING Ai
Received From: po
Martson Law Offices P
10 East High Street
Carlisle, PA 17013 „98
One piece of ordinary nail .ddr.«.d to: ?
Glass Distributors, Inc. ^
P.O. Box 349
Bladensburg, MD 20710-0349 :;;?c
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOE VIDE
FOR INSURANCE __-POSTMASTER
PS FORM 3817
MAY 1978
U.S. POSTAL SERVICE
CERTIFICATE OF MAILING
Received From:
Martson Law Offices
* GPO: 1977-750-851
ll'
p
a
Carlisle, PA 17013 Av "V
One pisp of ordinary mail addreaed to: 1'l 6
lass Distributors, Inc., c o t D. Kodak, Esq.
Kodak & Imblum, P.C., 407 North Front Street
0.•B x 11845
arri.sgurg PA 17108
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE
FOR INSURANCE - POSTMASTER
FORM
MAY 1978 3817 ?r GPO: 1977-750-851
M
L
US. POSTAL SERVICE
CERTIFICATE OF MAILI N?S
iN'
Received From:
Martson Law. Off ices
o y
Carlisle, PA 17013
One piem of ordinary mail eddreaed to:
Farmers & Merchants Trust Co.
20 South Main Street
ChambersburQ, PA 17201
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE
FORINSURANCE -POSTMASTER
PS FORM 3817 dtGPO: 1977-750-851
MAY 1976
US. POSTAL SERVICE
CERTIFICATE OF MAILING
Raeaivad From:
Martson Law Offices
10 East High Street 9j
Carlisle, PA 17013 ?-?
One Piem of ordinary mail addrnwd to: dd - '
Farmers & Merchants Trust Co., c/o Scott A.
Dietterick, Esquire, James, Smith, Dietterick &
eUlILLCily > > P.O. bvx 656
Hershey. PA 17033
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE
FORINSURANCE - POSTMASTER
PS FORM
MAY 1976 3B 17
* GPO: 1977-750-851
U.S. POSTAL SERVICE
CERTIFICATE OF MAILING A y•
Redivad From: PI
Martson Law Offices Pt J 16
Pt
10 East High Street
Carlisle, PA 17013
One pied of ordinary mail Mid ra,pd to: C? S,ys^
Deere & Company o, V
6400 NW 86th Street IQI
Johnston, 1A 50131 'C,t\? 7V
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MA S-N9T?OE
FOR INSURANCE - POSTMASTER
PS FORM GPO: 1977-750-851
MAY 1976 3817
U.S. POSTAL SERVICE t
CERTIFICATE OF MA ING
Reosived From:
Martson Law Office
10 East High Street tom- j
Carlisle, PA 17013
Ona pies of ordinary mail a ltims"d to:
Deere & Company, c/o Clayton W. Davidson, Esq.
McNees Wallace uric , LLC, IOU Pine Street
P.O. Box 1166, Harrisburg, PA 17108
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE
FOR INSURANCE - POSTMASTER
PS FORM 3817 trGPO: 1977-750-851
MAY 1976
U.B. POSTAL SORViCa S
CERTIFICATE OF 4
Rowhod From: ^
Martson Law Offices
ACarlisle, PA 17013 -,.....
.?
One piam of ordinary mail rldraat , to:
Members 1st Federal Credit Union
5000 Louise Drive
Mechancisburg, PA 17055
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE
FORINSURANCE - POSTMASTER
PS FORM
MAY 1976 3817
* GPO: 1977-750-851
U.S. POSTAL URVWA
CERTIFICATE OF MAIL
Radivad From: C)
?l I
?O I -ate
Martson Law Offices
10 East High Street d
Carlisle, PA 17013
OrN Pied of ordinrv mail addruwd to:
Office of Unemployment Compensation Tax Service
Drtment o Labor & Industry
PT Box 60848
Harrisburg, PA 17106
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE
FORINSURANCE - POSTMASTER
PS FORM
MAY 1976 3817
* GPO: 1977-750-851
8 Sd ti,,??CC
RepivW From: t?
Martson Law Offices r j ?
10 East High Street C?
Carlisle, PA 17013
One i of ordinary mai add to:
?tordi a? o=rcial Corporation, Lien
eP- fp tion
3950 Regent Boulevard, 2nd Floor
Irving, TX 75063
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE
FORINSURANCE - POSTMASTER
U.S: POSTAL SERVICE
CERTIFICATE OF MA I
PIS plum Q GPO: 1477-750-851
MAY 1976 3817
CERTIFICATE OF SERVICE
I, Mary M. Price, an authorized agent of MARTSON DEARDORFF WILLIAMS OTTO
GILROY & FALLER, hereby certify that a copy of the foregoing Affidavit was served this date by
depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as
follows:
Matthew B. Weisberg, Esquire
PROCHNIAK WEISBERG, P.C.
7 South Morton Avenue
Morton, PA 19070
MARTSON LAW OFFICES
LA I
BY:- A 14W)
M". Price
10 E t High Street
Carlisle, PA 17013
Dated: ?*7-,311Y
00,
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
' dy S Smith
Mef Deputy
t dward L Schorpp
olicitor
???rttn off' ?uinbcp????
OFF -t 'HF ?ERIFF
a
r?'A:RY
;2010 MAR 10 F 12: 4 3
Members 1st Federal Credit Union
vs.
Leroy K. Gordon (et al.)
Case Number
2008-7180
SHERIFF'S RETURN OF SERVICE
01/14/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search
and inquiry for the within named defendant to wit: Leroy K. Gordon, but was unable to locate him in his
bailiwick. He therefore returns the within Real Estate Writ, Notice of Sale and Description as NOT FOUND
as to the defendant Leroy K. Gordon, Defendants address is a gated home, defendant will not respond to
deputies in order to gain access to affectuate service.
01/14/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search
and inquiry for the within named defendant to wit: Leroy K. Gordon, but was unable to locate him in his
bailiwick. He therefore returns the within Real Estate Writ, Notice of Sale and Description as NOT FOUND
as to the defendant Leroy K. Gordon, Defendants address is a gated home, defendant will not respond to
deputies in order to gain access to affectuate service.
01/14/2010 Ronald E. Hoover, Deputy Sheriff, who being duly sworn according to law, states that on 11/12/10 at 1155
hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above
entitled action, upon the property of Lory K. Gordon and Karen E. Gordon, located at, 186 Booz Road,
Shippensburg, Cumberland County, Pennsylvania according to law.
01/25/2010 05:32 PM - Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on
1/25/10 at 1822 hours, she served a true copy of the within Real Estate Writ, Notice and Description, in
the above entitled action, upon the within named defendant, to wit: Leroy K. Gordon, by making known
unto, Leroy K. Gordon, personally, at, 186 Booz Road, Shippensburg, Cumberland County, Pennsylvania
its contents and at the same time handing to him personally the said true and correct copy of the same
01/25/2010 05:32 PM - Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on
1/25/10 at 1822 hours, she served a true copy of the within Real Estate Writ, Notice and Description, in
the above entitled action, upon the within named defendant, to wit: Karen E. Gordon, by making known
unto, Leroy Gordon, husband, at, 186 Booz Road, Shippensburg, Cumberland County, Pennsylvania its
contents and at the same time handing to him personally the said true and correct copy of the same
03/03/2010 Ronny R. Anderson Sheriff who being duly sworn according to law, states that this writ is returned
STAYED, per letter of instruction from Attorney Christopher Rice on 3/3/10
SHERIFF COST: $1,101.72 SO ANSWERS,
March 04, 2010 RbNWY- R ANDERSON, SHERIFF
?? 7yG3i5
-) V /P3
(c? CountySuitc Sheriff _ Teleosoti. Inc
Christopher E: Rice, Esquire
Attorney I.D. No. 90916
Jacob M. Theis, Esquire
Attorney I.D. No. 208631
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER
MARTSON LAW OFFICES
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
MEMBERS 1 IT FEDERAL
CREDIT UNION,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
LEROY K. GORDON and
KAREN E. GORDON,
Defendants
NO. 08 - 7180 CIVIL TERM
: IN MORTGAGE FORECLOSURE
AFFIDAVIT PURSUANT TO RULE 3129.1
Members 1 S` Federal Credit Union, 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 186 Booz Road, Shippensburg, Pennsylvania 17257, and being Lots 3 and 3A according
to a Subdivision Plan recorded in the Recorder of Deeds Office of Cumberland County,
Pennsylvania, in Plan Book 92, Page 42, and as further described in Exhibit "A" attached hereto:
1. Name and address of owner(s) or reputed owner(s):
Leroy K. Gordon and Karen E. Gordon
186 Booz Road
Shippensburg, PA 17257
Leroy K. Gordon and Kar . Gordon
c/o Matthew B. We' g, Esquire
PROCHN EISBERG, P.C.
7 Sou orton Ave.
on, PA 19070
Leroy K. Gordon and Kare 9112,.-Go on
c/o LarryV. Youn quire
CGA Law Fi
135 No eorge Street
Y , PA 17401
r'
2. Name and address of defendants in the judgment:
Leroy K. Gordon and Karen E. Gordon
186 Booz Road
Shippensburg, PA 17257
3. Name and address of every judgment creditor whose judgment is a record lien
on the real property to be sold:
A&A Decorative Design and Supplies, Inc.
1000 Mt. Rock Road
Shippensburg, PA 17257
A&A Decorative Design and Supplies, Inc.
c/o Shawn D. Meyers, Esquire
STEIGER, STEIGER & MEYERS
120 North Main Street
Mercersburg, PA 17236
Valley Heating & Cooling, LLC
A Division of College Town, Inc.
73 West Bird Street
P.O. Box 337
Shippensburg, PA 17257
Fayetteville Contractors Inc.
P.O. Box FCI
Fayetteville, PA 17222
Fayetteville Contractors Inc.
c/o Donald L. Kornfield, Esquire
KORNFIELD & BENCHOFF, LLP
17 North Church Street
Waynesboro, PA 17268
Marvin Window & Door Showplace, Inc.
1261 Claremont Road
Carlisle, PA 17015
Marvin Window & Door Showplace, Inc.
c/o Richard C. Snelbaker, Esquire
SNELBAKER & BRENNEMAN, P.C.
44 West Main Street
Mechanicsburg, PA 17055
4r
Orrstown Bank
77 East King Street
Shippensburg, PA 17257
Orrstown Bank
c/o David A. Baric, Esquire
19 West South Street
Carlisle, PA 17013
Office of Unemployment Compensation Tax Services
Department of Labor & Industry
P.O. Box 60848
Harrisburg, PA 17106
Office of Unemployment Compensation
7th Floor, Labor & Industry Building
651 Boas Street
Harrisburg, PA 17121
Glass Distributors Inc.
P.O. Box 349
Bladensburg, MD 20710-0349
Glass Distributors Inc.
c/o Robert D. Kodak, Esquire
KODAK & IMBLUM, P.C.
407 North Front Street
P.O. Box 11848
Harrisburg, PA 17108
Farmers & Merchants Trust Co.
20 South Main Street
Chambersburg, PA 17201
Farmers & Merchants Trust Co.
c/o Scott A. Dietterick, Esquire
JAMES, SMITH, DIETTERICK & CONNELLY, LLP
P.O. Box 650
Hershey, PA 17033
Deere & Company
6400 NW 86" Street
Johnston, IA 50131
'Deere & Company
c/o Clayton W. Davidson, Esquire
McNEES WALLACE & NURICK, LLC
100 Pine Street
P.O. Box 1166
Harrisburg, PA 17108
4. Name and address of the last recorded holder of every mortgage of record:
Members 1 ` Federal Credit Union
5000 Louise Drive
Mechanicsburg, PA 17055
5. Name and address of every other person who has any record lien on the
property:
Collection Advisory Unit
U.S. Treasury Department
1000 Liberty Ave
Room 704
Pittsburgh, PA 15222
U.S. Treasury Department
I I I I Constitution Ave. NW
Washington D.C., 20224
Citicapital Commercial Corporation
3950 Regent Blvd.
2"a Floor
Lien Perfection
Irving, TX 75063
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:
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:
None.
I verify that the statements made in this affidavit are true and correct to the best of my
personal knowledge or information and belief. I understand that false statements herein are made
subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities.
MARTSON LAW OFFICES
Date: By: 4'14
Christopher E. Rice, Esquire
This is a debt collecting firm attempting to collect a debt for Members 11 Federal Credit Union,
and any information obtained will be used for that purpose.
i
Christopher E. Rice, Esquire
Attorney I.D. No. 90916
Jacob M. Theis, Esquire
Attorney I.D. No. 208631
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER
MARTSON LAW OFFICES
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
MEMBERS 1ST FEDERAL
CREDIT UNION,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
:NO. 08 - 7180 CIVIL TERM
LEROY K. GORDON and
KAREN E. GORDON,
Defendants IN MORTGAGE FORECLOSURE
NOTICE OF SHERIFF'S SALE
OF REAL PROPERTY PURSUANT TO
PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.2
TAKE NOTICE that the Sheriffs Sale of Real Property will be held on March 3, 2010, by
the Cumberland County Sheriffs Office, at the Cumberland County Courthouse, 1 Courthouse
Square, Carlisle, PA 17013, at 10:00 AM, prevailing local time.
THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly
consisting of a statement of the measured boundaries of the property, together with a brief mention
of the buildings and any other major improvements erected on the land (SEE LEGAL
DESCRIPTION ATTACHED HERETO).
THE LOCATION ofthe property to be sold is 186 Booz Road, Shippensburg, Cumberland
County, Pennsylvania 17257.
THE JUDGMENT under or pursuant to which the property is being sold is docketed to: No.
2008 - 7180 Civil Term, Cumberland County C.C.P., Pennsylvania.
THE NAME OF THE OWNERS OR REPUTED OWNERS OF THE PROPERTY ARE
Leroy K. Gordon and Karen E. Gordon, 186 Booz Road, Shippensburg, Cumberland County,
Pennsylvania.
A SCHEDULE OF DISTRIBUTION, being listed of the persons and/or government or
corporate entities or agencies being entitled to receive part of the proceeds of the sale received and
to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are
owed taxes) will be filed by the Sheriff within thirty (30) days after the sale, and distribution of the
proceeds of the sale in accordance with this schedule will, in fact, be made unless someone objects
by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule
of Distribution may be obtained from the Sheriff of Cumberland County, Cumberland County
Courthouse, 1 Courthouse Square, Room 303, Carlisle, Pennsylvania 17013, (717) 240-6390.
THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR
PROPERTY OR PROPERTY RIGHTS. It has been issued either because there is a Judgment
against you or because the sale of real property described herein may affect an interest you have in
the real property. It may cause your property to be held, sold or taken to pay the Judgment. You may
have legal rights to prevent your property from being taken. A lawyer can advise you more
specifically of these rights. If you wish to exercise your rights, you must act promptly.
YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION TO YOUR
LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE GO
TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN
GET LEGAL ADVICE.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
Date: I l^ (-7- Oq
MARTSON LAW OFFICES
By.
stopher E is , ire
I.D. 90916
Jacob M. Theis, Esquire
I.D. 208631
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
This is a debt collecting firm attempting to collect a debt for Members 1° Federal Credit Union,
and any information obtained will be used for that purpose.
WRIT NO. 08-7180
LEGAL DESCRIPTION
186 Booz Road, Shippensburg, PA 17257, and known as
Lots 3 and 3A of the Subdivision Plan recorded in the Recorder of Deeds Office of Cumberland
County, Pennsylvania, in Plan Book 92, Page 42;
Tax Parcel Number: 11-09-0509-058
ALL THAT CERTAIN lot or tract of land situate in Hopewell Township, Cumberland
County, Pennsylvania, designated as Lot "3" and Lot "3A" as shown on Subdivision Plan entitled
"Final Subdivision Plan for Wadel Masons" prepared by Eric L. Diffenbaugh, Professional Land
Surveyor, which plan has been approved by the appropriate municipal authorities as a final
Subdivision Plan, and which is recorded in the Office of the Recorder of Deeds in and for
Cumberland County, Pennsylvania in Plan Book 92, Page 42; and are bounded and described as
follows:
BEGINNING at an existing railroad spike in Booz Road (SR 4003) at the dividing line
between Lot 2 and Lot 3 on the hereinabove referenced Plan; thence along said dividing line, North
72 degrees 12 minutes 35 seconds West 442,77 feet to an existing iron pin; thence along the dividing
line between Lot 2A and Lot 3A on the heremabove referenced Plan, North 72 degrees 12 minutes
35 seconds West 390.39 feet to a set iron pin; thence along the dividing line between Lot 3A on the
hereinabove referenced plan and Lot 5 as set forth in Plan Book 92, Page 42, North 24 degrees 37
minutes 03 seconds East 258.72 feet to a set iron pin; thence along the dividing line between Lot 3A
and Lot 4A on the hereinabove referenced Plan, South 72 degrees 12 minutes 35 seconds East 383.97
feet to an existing iron pin; thence along the dividing line between Lot 3 and Lot 4 on the
hereinabove referenced Plan, South 72 degree 12 minutes 35 seconds East 418.44 feet to an existing
railroad spike; thence in Booz Road (SR 4003), South 17 degrees 47 minutes 25 seconds West
256.89 feet to a set railroad spike, the point and place of BEGINNING.
CONTAINING 4.8227 acres, more or less, in accordance with the above-referenced plan.
TOGETHER with and under and subject to notations as shown on said plan.
UNDER AND SUBJECT TO any and all existing covenants, agreements, conditions,
easements, restrictions of record.
BEING THE SAME PREMISES which Wadel Masons, a Pennsylvania partnership,
comprised of Wayne L. Wadel, Jr. and Ronald A. Wadel, by deed dated June 15, 2006, and recorded
June 27, 2006, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania
in Deed Book 275, Page 1595, conveyed to Leroy K. Gordon and Karen E. Gordon, husband and
wife.
TO BE SOLD AS THE PROPERTY OF LEROY K. GORDON AND KAREN E. GORDON,
HUSBAND AND WIFE, ON JUDGMENT ENTERED AT THE ABOVE NUMBER AND TERM.
EXHIBIT "A"
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO 09-7180 Civil
COUNTY OF CUMBERLAND) CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due MEMBERS 1sT FEDERAL CREDIT UNION,
Plaintiff (s)
From LEROY K. GORDON and KAREN E. GORDON
(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 $575,221.12 L.L. $.50
Interest accruing at $91.71 per day from 11113108 until paid in full -- To be Determined
Atty's Comm/Fees $15,000.00 % Due Prothy $2.00
Atty Paid $185.56 Other Costs:
Interest past due as of 11/13/08 -- $69,195.00
Late payment charges -- $3,509.66
Escrow Advanced -- $9,813.71
Plaintiff Paid
Date: 11/17/09
(Seal)
REQUESTING PARTY:
Name: CHRISTOPHER E. RICE, ESQUIRE
Address: MARTSON LAW OFFICES
10 EAST HIGH STREET
CARLISLE, PA 17013
Attorney for: PLAINTIFF
Telephone: 717-243-3341
Supreme Court ID No. 90916
Deputy
On November 25 2009 the Sheriff levied upon the
defendant's interest in the real property situated in
Hopewell Township, Cumberland County, PA,
Known and numbered 186 Booz Road, Shippensburg,
more fully described on Exhibit "A" filed with this
writ and by this reference incorporated herein.
Date: November 25, 2009
By:
Vea-IoEstate Coordinator
j _?
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:
January 22, Janua.1y 29, and February 5, 2010
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are true.
W- I MA- LAd
Marie Coyne, E 'tor
SWORN TO AND SUBSCRIBED before me this
5 day of February 2010
Notary
NOTARIAL SEAL
DEBORAH A COLLINS
Notary Public
CARLISLE BORO, CUMBERLAND COUNTY
My Commission Expires Apr 28, 2010
Writ No. 2008-7180 civil
Members 1st Federal Credit Union
vs.
Leroy K. Gordon
Karen E. Gordon
Atty: Christhopher Rice
WRIT NO. 08-7180
186 Booz Road, Shippensburg,
PA 17257, and known as Loco 3 as d
3A of the Subdivision Plan reo?
in the Recorder of Deeds Office of
Cumberland County, Pennsylvania,
in Plan Book 92, Page 42; Tax Parcel
Number: 11-09-0509-058
ALL THAT CERTAIN lot or tract of
land situate in Hopewell Township,
Cumberland County, Pennsylvania,
designated as Lot "3" and Lot "3A" as
shown on Subdivision Plan entitled
"Final Subdivision Plan for Wadel
Masons" prepared by Eric L. Diffen-
baugh, Professional Land Surveyor,
which plan has been approved by the
appropriate municipal authorities as
a final Subdivision Plan, and which is
recorded in the Office of the Recorder
of Deeds in and for Cumberland
County, Pennsylvania in Plan nook
92, Page 42; and are bounded and
described as follows:
BEGINNING at an existing rail-
road spike in Booz Road (SR 4003) at
the dividing line between Lot 2 and
Lot 3 on the hereinabove referenced
Plan; thence along said dividing
line, North 72 degrees 12 minutes
35 seconds West 442.77 feet to an
existing iron pin; thence along the
dividing line between Lot 2A and Lot
3A on the hereinabove referenced
Plan, North 72 degrees 12 minutes 35
seconds West 390.39 feet to a set iron
pin; thence along the dividing line
between Lot 3A on the hereinabove
referenced plan and Lot 5 as set forth
in Plan Book 92, Page 42, North 24
degrees 37 minutes 03 seconds East
258.72 feet to a set iron pin; thence
along the dividing line between Lot
3A and Lot 4A on the hereinabove
referenced Plan, South 72 degrees 12
minutes 35 seconds East 383.97 feet
to an existing iron pin; thence along
the dividing line between Lot 3 and
Lot 4 on the hereinabove referenced
Plan, South 72 degree 12 minutes 35
seconds East 418.44 feet to an exist-
ing railroad spike; thence in Booz
Road (SR 4003), South 17 degrees
47 minutes 25 seconds West 256.89
CONTAiNING 4.8227 acres, more
or less, in accordance with the above-
referenced plan.
TOGETHER with and under and
subject to notations as shown on
said plan.
UNDER AND SUBJECT TO any
and all existing covenants, agree-
ments, conditions, easements restric-
tions of record.
BEING THE SAME PREMISES
which Wadel Masons, aPennsylvania
partnership, comprised of Wayne L.
Wadel, Jr. and Ronald A. Wadel, by
deed dated June 15, 2006, and re-
corded June 27, 2006, in the office
of the Recorder of Deeds in and for
Cumberland County, Pennsylvania in
Deed Book 275, Page 1595, conveyed
to Leroy K. Gordon and Karen E.
Gordon, husband and wife.
TO BE SOLD AS THE PROPERTY
OF Leroy K. Gordon And Karen E.
Gordon, husband and wife, on judg-
ment entered at the above number
and term.
PROPERTY ADDRESS: 186 Booz
Road, Shippensburg, PA 17257.
feet to a set railroad spike, the point
and lace of BEGINNING.
TI-)e Patriot-News Co.
812 Market St.
Karrisburg, PA 17101
Inquiries - 717-255-8213
CUMBERLAND CO. SHERIFFS OFFICE
CUMBERLAND COUNTY COURT HOUSE
CARLISLE
PA 17013
z4fPatriot-N(ws
Now you know
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
Marianne Miller, being duly sworn according to law, deposes and says:
That she is .a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the
Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of
Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News
newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that
The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and
all have been continuously published ever since;
That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular
daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she nor said Company is
interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time,
place and character of publication are true; and
That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on
behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the
stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds
in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317.
PUBLICATION COPY
This ad ran on the date(s) shown below:
01/22/10
01129/10
02/05/10
.........
Sworn to artd/subscribed before me thisr-:o day of February, 2010 A.D.
Notary Public
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal p
Sherrie L Kisner, Notary Public
City Of Harrisburg, Dauphin County
My Commission Expires Nov. 26, 2011
Member, Pennsylvania Association of Notaries
Do®iotat Nthi *w.- 2000.7100 Civil
'fet"n
Munbtttre net Fed" Credit
Union
VS.
Leroy K. t OMM
Kwon E Gordon
Atty: Chrlothoptw Rice
WRIT NO. 08-7180
186 Boot Road, Shippensburg, PA 17257, and
known mUts 3 and 3A of the Subdivision Plan
recorded in the Recorder of Deeds Office of
Cumberland County, Pennsylvania, in Plan
Book 92, Page 42; Tax Parcel Ntmtber: 11-09-
0509.058 ALL THAT CERTAIN lot or tract of
land situate is Hopewell Township, Cumberland
County, Pennsylvania,, designated as Lot "3" and
Lot "W' as shown on Subdivision Plan entitled
"Final Subdivision Plan for Wadel Masons"
prepared by Eric L. Diffeabaugh, Professional
Land Surveyor, which plan has been approved
by the appropriate municipal authorities as a
final Subdivision Plan, and which is recorded in
the Office of the Recorder of Deeds in and for
Cumberland County, Pennsylvania in Plan nook
92, page 42; and ate bounded and described as
follows:
BEGINNING at an existing railroad spike in
Boot Road (SR 4003) at the dividing he
between Lot 2 and Lot 3 on the hereiaabove
referenced Plan; thence along said dividing he,
North 72 degrees 11 minutes 35 seconds West
442.77 feet to an existing'itim ph r thence along
the dividing line between Lm 2A and Lot 3A on
the hereinabove referenced Plan, North 72
degrees 12 minutes 35 seconds West 390.39 feet
to a set iron pin; thence along the dividing he
between Lot 3A on the hereinabove referenced
plan and Lot 5 as set fotth-in Plan Book 92, Page
42, North 24 degrees 37 minutes-03 seconds
Fast 258.72 feet to a set iron pin; theme along
the dividing lice between Lot 3A anj Lot 4A on
the hereinabove referenced Plan, South 72
degrees 12 minutes 35 seconds Bast 383,97 feet
to an existing iron pin; thence along The dividing
lino between is 3 and Lot 4 on the heremsbove
referenced Plan, South 72 degree 12 minutes 35
seconds East 418.44 feet to an existing railroad
spike; thence in Booz Road (SR 4003), South 17
.degckes 47 minutes 25 seconds West 256.89 feet
to a set railroad spike, the point and place of
4 FARLES\Clients\11470 Membem1st\FU ES\Current\56 Gordon\Civil AaionU 1470.56.pmwrit.esceution2.wpdtdrg
Christopher E. Rice, Esquire A-1
Attorney I.D. No. 90916 a
Seth T. Mosebey, Esquire
Attorney I.D. No. 203046
c, -- 7r
1
MARTSON DEARDORFF WILLIAM S OTTO GILROY & FALLER G
-
MARTSON LAW OFFICES d
10 East High Street
,
Carlisle, PA 17013
(717) 243-3341 '
Attorneys for Plaintiff
43 C
MEMBERS 1ST FEDERAL : IN THE COURT OF COMMON PLEAS OF
CREDIT UNION, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V.
NO. 08 - 7180 CIVIL TERM
LEROY K. GORDON and
KAREN E. GORDON,
Defendants IN MORTGAGE FORECLOSURE
PRAECIPE FOR WRIT OF EXECUTION
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please issue writ of execution in the above matter,
(1) directed to the Sheriff of Cumberland County;
(2) against Leroy K. Gordon and Karen E. Gordon, Defendants; and
(3) execute against real property known as 186 Booz Road, Shippensburg,
Pennsylvania 17257, owned by Defendants and identified on Exhibit "A" attached
hereto. Uuo Po 1%71Y
q&.66 C.BF
Principal Balance: $480,202.75 1, 1o, a
Interest past due as of November 13, 2008: $69,195.00 q9. So ,
614.oo
Late Payment Charges: $5,583.551 30 $. ?8• PoaM
Deferred Late Charges: $1,116.71
Escrow Advanced: $26,853.85
Court Costs and fees as recoverable under the Mortgage terms $
Attorney's Fees (estimated): $24,000.00
Total Due as of July 1, 2010: $
*a.oo OW CD
e#an3
Oa46r4-73
? 4UMAACt
Plus interest accruing at $91.71 per day from November 13, 2008, until the
debt is paid in full: $
* To be determined by the Cumberland County Sheriff.
MARTSON LAW OFFICES
e ?A S /,Z
By.
Christopher E. Rice, Esquire
I.D. No. 90916
Seth T. Mosebey, Esquire
I.D. No. 203046
Ten East High Street
Carlisle, PA 17013-3093
(717) 243-3341
Date: 8 / l Ol l? Attorneys for Plaintiff
This is a debt collecting firm attempting to collect a debt for Members 1°` Federal Credit Union,
and any information obtained will be used for that purpose.
WRIT NO. 08-7180
LEGAL DESCRIPTION
186 Booz Road, Shippensburg, PA 17257, and known as
Lots 3 and 3A of the Subdivision Plan recorded in the Recorder of Deeds Office of Cumberland
County, Pennsylvania, in Plan Book 92, Page 42;
Tax Parcel Number: 11-09-0509-058
ALL THAT CERTAIN lot or tract of land situate in Hopewell Township, Cumberland
County, Pennsylvania, designated as Lot "3" and Lot "3A" as shown on Subdivision Plan entitled
"Final Subdivision Plan for Wadel Masons" prepared by Eric L. Diffenbaugh, Professional Land
Surveyor, which plan has been approved by the appropriate municipal authorities as a final
Subdivision Plan, and which is recorded in the Office of the Recorder of Deeds in and for
Cumberland County, Pennsylvania in Plan Book 92, Page 42; and are bounded and described as
follows:
BEGINNING at an existing railroad spike in Booz Road (SR 4003) at the dividing line
between Lot 2 and Lot 3 on the hereinabove referenced Plan; thence along said dividing line, North
72 degrees 12 minutes 3 5 seconds West 442.77 feet to an existing iron pin; thence along the dividing
line between Lot 2A and Lot 3A on the hereinabove referenced Plan, North 72 degrees 12 minutes
35 seconds West 390.39 feet to a set iron pin; thence along the dividing line between Lot 3A on the
hereinabove referenced plan and Lot 5 as set forth in Plan Book 92, Page 42, North 24 degrees 37
minutes 03 seconds East 258.72 feet to a set iron pin; thence along the dividing line between Lot 3A
and Lot 4A on the hereinabove referenced Plan, South 72 degrees 12 minutes 35 seconds East 383.97
feet to an existing iron pin; thence along the dividing line between Lot 3 and Lot 4 on the
hereinabove referenced Plan, South 72 degree 12 minutes 35 seconds East 418.44 feet to an existing
railroad spike; thence in Booz Road (SR 4003), South 17 degrees 47 minutes 25 seconds West
256.89 feet to a set railroad spike, the point and place of BEGINNING.
CONTAINING 4.8227 acres, more or less, in accordance with the above-referenced plan.
TOGETHER with and under and subject to notations as shown on said plan.
UNDER AND SUBJECT TO any and all existing covenants, agreements, conditions,
easements, restrictions of record.
BEING THE SAME PREMISES which Wadel Masons, a Pennsylvania partnership,
comprised of Wayne L. Wadel, Jr. and Ronald A. Wadel, by deed dated June 15, 2006, and recorded
June 27, 2006, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania
in Deed Book 275, Page 1595, conveyed to Leroy K. Gordon and Karen E. Gordon, husband and
wife.
TO BE SOLD AS THE PROPERTY OF LEROY K. GORDON AND KAREN E. GORDON,
HUSBAND AND WIFE, ON JUDGMENT ENTERED AT THE ABOVE NUMBER AND TERM.
EXHIBIT "A"
Christopher E. Rice, Esquire
Attorney I.D. No. 90916
Seth T. Mosebey, Esquire
Attorney I.D. No. 203046
MARTSON DEARDORFF WILLIAMS OTTO GILROY
MARTSON LAW OFFICES
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
MEMBERS I"' FEDERAL
CREDIT UNION,
Plaintiff
V.
LEROY K. GORDON and
KAREN E. GORDON,
Defendants
Luf nLJS 0 it
4 `Si t J
V(;r o ?IN111'•?6-
& FALLER
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
:NO. 08 - 7180 CIVIL TERM
IN MORTGAGE FORECLOSURE
AFFIDAVIT PURSUANT TO RULE 3129.1
Members 1St Federal Credit Union, 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 186 Booz Road, Shippensburg, Pennsylvania 17257, and being Lots 3 and 3A according
to a Subdivision Plan recorded in the Recorder of Deeds Office of Cumberland County,
Pennsylvania, in Plan Book 92, Page 42, and as further described in Exhibit "A" attached hereto:
1. Name and address of owner(s) or reputed owner(s):
Leroy K. Gordon and Karen E. Gordon
186 Booz Road
Shippensburg, PA 17257
Leroy K. Gordon and Karen E. Gordon
c/o Matthew B. Weisberg, Esquire
PROCHNIAK WEISBERG, P.C.
7 South Morton Ave.
Morton, PA 19070
Leroy K. Gordon and Karen E. Gordon
c/o Larry V. Young, Esquire
CGA Law Firm
135 North George Street
York, PA 17401
2. Name and address of defendants in the judgment:
Leroy K. Gordon and Karen E. Gordon
186 Booz Road
Shippensburg, PA 17257
3. Name and address of every judgment creditor whose judgment is a record lien
on the real property to be sold:
A&A Decorative Design and Supplies, Inc.
1000 Mt. Rock Road
Shippensburg, PA 17257
A&A Decorative Design and Supplies, Inc.
c/o Shawn D. Meyers, Esquire
STEIGER, STEIGER & MEYERS
120 North Main Street
Mercersburg, PA 17236
Valley Heating & Cooling, LLC
A Division of College Town, Inc.
73 West Bird Street
P.O. Box 337
Shippensburg, PA 17257
Fayetteville Contractors, Inc.
P.O. Box FCI
Fayetteville, PA 17222
Fayetteville Contractors, Inc.
c/o Donald L. Kornfield, Esquire
KORNFIELD & BENCHOFF, LLP
17 North Church Street
Waynesboro, PA 17268
Marvin Window & Door Showplace, Inc.
1261 Claremont Road
Carlisle, PA 17015
Marvin Window & Door Showplace, Inc.
c/o Richard C. Snelbaker, Esquire
SNELBAKER & BRENNEMAN, P.C.
44 West Main Street
Mechanicsburg, PA 17055
Orrstown Bank
77 East King Street
Shippensburg, PA 17257
Orrstown Bank
c/o David A. Baric, Esquire
19 West South Street
Carlisle, PA 17013
Office of Unemployment Compensation Tax Services
Department of Labor & Industry
P.O. Box 60848
Harrisburg, PA 17106
Office of Unemployment Compensation
7th Floor, Labor & Industry Building
651 Boas Street
Harrisburg, PA 17121
Glass Distributors, Inc.
P.O. Box 349
Bladensburg, MD 20710-0349
Glass Distributors, Inc.
c/o Robert D. Kodak, Esquire
KODAK & IMBLUM, P.C.
407 North Front Street
P.O. Box 11848
Harrisburg, PA 17108
Farmers & Merchants Trust Co.
20 South Main Street
Chambersburg, PA 17201
Farmers & Merchants Trust Co.
c/o Scott A. Dietterick, Esquire
JAMES, SMITH, DIETTERICK & CONNELLY, LLP
P.O. Box 650
Hershey, PA 17033
Deere & Company
6400 NW 86"' Street
Johnston, IA 50131
Deere & Company
c/o Clayton W. Davidson, Esquire
McNEES WALLACE & NURICK, LLC
100 Pine Street
P.O. Box 1166
Harrisburg, PA 17108
Pennsylvania Department of Revenue
Bureau of Compliance
Lien Section
P.O. Box 280948
Harrisburg, PA 17128-0948
4. Name and address of the last recorded holder of every mortgage of record:
Members 1 S` Federal Credit Union
5000 Louise Drive
Mechanicsburg, PA 17055
5. Name and address of every other person who has any record lien on the
property:
Collection Advisory Unit
U.S. Treasury Department
1000 Liberty Ave
Room 704
Pittsburgh, PA 15222
U.S. Treasury Department
1111 Constitution Ave. NW
Washington D.C., 20224
Citicapital Commercial Corporation
3950 Regent Blvd.
2nd Floor
Lien Perfection
Irving, TX 75063
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:
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:
None.
I verify that the statements made in this affidavit are true and correct to the best of my
personal knowledge or information and belief. I understand that false statements herein are made
subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities.
Date: g//pl/ 0
MARTSON LAW OFFICES
By:
Christopher E. Rice, Esquire
This is a debt collecting firm attempting to collect a debt for Members 1" Federal Credit Union,
and any information obtained will be used for that purpose.
WRIT NO. 08-7180
LEGAL DESCRIPTION
186 Booz Road, Shippensburg, PA 17257, and known as
Lots 3 and 3A of the Subdivision Plan recorded in the Recorder of Deeds Office of Cumberland
County, Pennsylvania, in Plan Book 92, Page 42;
Tax Parcel Number: 11-09-0509-058
ALL THAT CERTAIN lot or tract of land situate in Hopewell Township, Cumberland
County, Pennsylvania, designated as Lot "3" and Lot "3A" as shown on Subdivision Plan entitled
"Final Subdivision Plan for Wadel Masons" prepared by Eric L. Diffenbaugh, Professional Land
Surveyor, which plan has been approved by the appropriate municipal authorities as a final
Subdivision Plan, and which is recorded in the Office of the Recorder of Deeds in and for
Cumberland County, Pennsylvania in Plan Book 92, Page 42; and are bounded and described as
follows:
BEGINNING at an existing railroad spike in Booz Road (SR 4003) at the dividing line
between Lot 2 and Lot 3 on the hereinabove referenced Plan; thence along said dividing line, North
72 degrees 12 minutes 35 seconds West 442.77 feet to an existing iron pin; thence along the dividing
line between Lot 2A and Lot 3A on the hereinabove referenced Plan, North 72 degrees 12 minutes
35 seconds West 390.39 feet to a set iron pin; thence along the dividing line between Lot 3A on the
hereinabove referenced plan and Lot 5 as set forth in Plan Book 92, Page 42, North 24 degrees 37
minutes 03 seconds East 258.72 feet to a set iron pin; thence along the dividing line between Lot 3A
and Lot 4A on the hereinabove referenced Plan, South 72 degrees 12 minutes 35 seconds East 383.97
feet to an existing iron pin; thence along the dividing line between Lot 3 and Lot 4 on the
hereinabove referenced Plan, South 72 degree 12 minutes 35 seconds East 418.44 feet to an existing
railroad spike; thence in Booz Road (SR 4003), South 17 degrees 47 minutes 25 seconds West
256.89 feet to a set railroad spike, the point and place of BEGINNING.
CONTAINING 4.8227 acres, more or less, in accordance with the above-referenced plan.
TOGETHER with and under and subject to notations as shown on said plan.
UNDER AND SUBJECT TO any and all existing covenants, agreements, conditions,
easements, restrictions of record.
BEING THE SAME PREMISES which Wadel Masons, a Pennsylvania partnership,
comprised of Wayne L. Wadel, Jr. and Ronald A. Wadel, by deed dated June 15, 2006, and recorded
June 27, 2006, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania
in Deed Book 275, Page 1595, conveyed to Leroy K. Gordon and Karen E. Gordon, husband and
wife.
TO BE SOLD AS THE PROPERTY OF LEROY K. GORDON AND KAREN E. GORDON,
HUSBAND AND WIFE, ON JUDGMENT ENTERED AT THE ABOVE NUMBER AND TERM.
EXHIBIT "A"
R-FJ ;
Christopher E. Rice, Esquire
Attorney I.D. No. 90916 2011 0 A J'3 10 i, i
Seth T. Mosebey, Esquire
Attorney I.D. No. 203046
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER
MARTSON LAW OFFICES
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
MEMBERS 1ST FEDERAL
CREDIT UNION,
Plaintiff
V.
LEROY K. GORDON and
KAREN E. GORDON,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 08 - 7180 CIVIL TERM
IN MORTGAGE FORECLOSURE
NOTICE OF SHERIFF'S SALE
OF REAL PROPERTY PURSUANT TO
PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.2
TAKE NOTICE that the Sheriff s Sale of Real Propertywill be held on December 8, 2010,
by the Cumberland County Sheriff s Office, at the Cumberland County Courthouse, 1 Courthouse
Square, Carlisle, PA 17013, at 10:00 AM, prevailing local time.
THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly
consisting of a statement of the measured boundaries of the property, together with a brief mention
of the buildings and any other major improvements erected on the land (SEE LEGAL
DESCRIPTION ATTACHED HERETO).
THE LOCATION ofthe property to be sold is 186 Booz Road, Shippensburg, Cumberland
County, Pennsylvania 17257.
THE JUDGMENT under or pursuant to which the property is being sold is docketed to: No.
2008 - 7180 Civil Term, Cumberland County C.C.P., Pennsylvania.
THE NAME OF THE OWNERS OR REPUTED OWNERS OF THE PROPERTY ARE
Leroy K. Gordon and Karen E. Gordon, 186 Booz Road, Shippensburg, Cumberland County,
Pennsylvania.
A SCHEDULE OF DISTRIBUTION, being listed of the persons and/or government or
corporate entities or agencies being entitled to receive part of the proceeds of the sale received and
to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are
owed taxes) will be filed by the Sheriff within thirty (30) days after the sale, and distribution of the
proceeds of the sale in accordance with this schedule will, in fact, be made unless someone objects
by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule
of Distribution may be obtained from the Sheriff of Cumberland County, Cumberland County
Courthouse, 1 Courthouse Square, Room 303, Carlisle, Pennsylvania 17013, (717) 240-6390.
THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR
PROPERTY OR PROPERTY RIGHTS. It has been issued either because there is a Judgment
against you or because the sale of real property described herein may affect an interest you have in
the real property. It may cause your property to be held, sold or taken to pay the Judgment. You may
have legal rights to prevent your property from being taken. A lawyer can advise you more
specifically of these rights. If you wish to exercise your rights, you must act promptly.
YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION TO YOUR
LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE GO
TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN
GET LEGAL ADVICE.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
Date: 8-?- /0
MARTSON LAW OFFICES
By: S K-L-
Christopher E. Rice, Esquire
I.D. 90916
Seth T. Mosebey, Esquire
I.D. 203046
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
This is a debt collecting firm attempting to collect a debt for Members 1s` Federal Credit Union,
and any information obtained will be used for that purpose.
WRIT NO. 08-7180
LEGAL DESCRIPTION
186 Booz Road, Shippensburg, PA 17257, and known as
Lots 3 and 3A of the Subdivision Plan recorded in the Recorder of Deeds Office of Cumberland
County, Pennsylvania, in Plan Book 92, Page 42;
Tax Parcel Number: 11-09-0509-058
ALL THAT CERTAIN lot or tract of land situate in Hopewell Township, Cumberland
County, Pennsylvania, designated as Lot "3" and Lot "3A" as shown on Subdivision Plan entitled
"Final Subdivision Plan for Wadel Masons" prepared by Eric L. Diffenbaugh, Professional Land
Surveyor, which plan has been approved by the appropriate municipal authorities as a final
Subdivision Plan, and which is recorded in the Office of the Recorder of Deeds in and for
Cumberland County, Pennsylvania in Plan Book 92, Page 42; and are bounded and described as
follows:
BEGINNING at an existing railroad spike in Booz Road (SR 4003) at the dividing line
between Lot 2 and Lot 3 on the hereinabove referenced Plan; thence along said dividing line, North
72 degrees 12 minutes 35 seconds West 442.77 feet to an existing iron pin; thence along the dividing
line between Lot 2A and Lot 3A on the hereinabove referenced Plan, North 72 degrees 12 minutes
35 seconds West 390.39 feet to a set iron pin; thence along the dividing line between Lot 3A on the
hereinabove referenced plan and Lot 5 as set forth in Plan Book 92, Page 42, North 24 degrees 37
minutes 03 seconds East 258.72 feet to a set iron pin; thence along the dividing line between Lot 3A
and Lot 4A on the hereinabove referenced Plan, South 72 degrees 12 minutes 35 seconds East 383.97
feet to an existing iron pin; thence along the dividing line between Lot 3 and Lot 4 on the
hereinabove referenced Plan, South 72 degree 12 minutes 35 seconds East 418.44 feet to an existing
railroad spike; thence in Booz Road (SR 4003), South 17 degrees 47 minutes 25 seconds West
256.89 feet to a set railroad spike, the point and place of BEGINNING.
CONTAINING 4.8227 acres, more or less, in accordance with the above-referenced plan.
TOGETHER with and under and subject to notations as shown on said plan.
UNDER AND SUBJECT TO any and all existing covenants, agreements, conditions,
easements, restrictions of record.
BEING THE SAME PREMISES which Wadel Masons, a Pennsylvania partnership,
comprised of Wayne L. Wadel, Jr. and Ronald A. Wadel, by deed dated June 15, 2006, and recorded
June 27, 2006, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania
in Deed Book 275, Page 1595, conveyed to Leroy K. Gordon and Karen E. Gordon, husband and
wife.
TO BE SOLD AS THE PROPERTY OF LEROY K. GORDON AND KAREN E. GORDON,
HUSBAND AND WIFE, ON JUDGMENT ENTERED AT THE ABOVE NUMBER AND TERM.
EXHIBIT "A"
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 08-7180 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due MEMBERS 1sT FEDERAL CREDIT UNION,
Plaintiff (s)
From LEROY K. GORDON & DAREN E. GORDON
(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 $480,202.75
L.L.
Interest from 11113108 at $91.71 per day until debt is paid in full
Atty's Comm (estimated) $24,000.00% Due Prothy $2.00
Atty Paid $1,308.78 Other Costs
Interest past due as of 11/13/08 - $69,195.00 Late payment charges - $5,583.55
Deferred late charges - $1,116.71 Escrow advanced - $26,853.85
Plaintiff Paid
Date: 8/10/10
avid uell, othonotary
(Seal) By:
Deputy
REQUESTING PARTY:
Name: CHRISTOPHER E. RICE, ESQUIRE
Address: MARTSON LAW OFFICES
10 EAST HIGH STREET
CARLISLE, PA 17013
Attorney for: PLAINTIFF
Telephone: 717-234-3341
Supreme Court ID No. 90916
Christopher E. Rice, Esquire
Attorney I.D. No. 90916
Jacob M. Theis, Esquire
Attorney I.D. No. 208631jb;Z3
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER
MARTSON LAW OFFICES
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
PM 21.0941
MEMBERS 1ST FEDERAL
CREDIT UNION,
Plaintiff
V.
LEROY K. GORDON and
KAREN E. GORDON,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 08 - 7180 CIVIL TERM
IN MORTGAGE FORECLOSURE
AFFIDAVIT OF NOTIFICATION
Christopher E. Rice, Esquire, attorney for Plaintiff, first having been duly affirmed according
to law, deposes and says that on or about the day of AumX , 20, he notified all
lien creditors and any other parties listed in the 3129.1 affidav of the sheriff's sale in the above-
captioned action. Notification was sent by regular mail. The 3817 certificates of mailing are
attached hereto.
Affirmed and subscribed to before me this .,2-1 day of , 20/1).
Z
N to Public
,SIN OF PENNSYLVANIA
Notarm Seal
Mary M. Prin. Notary PuNiiC
adMe Boa Oumheriand Cour y
y Commission E.)Ores lug. S.
Pennsylvama Aasocration of Notaries
Date: F142 3JI&
Cpl-+,?,?„G. f• 12----
Christopher E. Rice, Esquire
I.D. No. 90916
Ten East High Street
Carlisle, PA 17013-3093
(717) 243-3341
Attorneys for Plaintiff
This is a debt collecting firm attempting to collect a debt for Members I" Federal Credit Union,
and any information obtained will be used for that purpose.
F: \F1 LES\C1ients\ 1 1470 Members I st\FILES\Cument\56 Gordon\CiO Action\ 11470.56. pra. writexecution
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U.S. POSTAL SERVICE
CERTIFICATE OF MAILING Antic
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v piece of ordinary mail addressed to:
A&A Decorative Design and Supplies, Inc.
Shippensburg, PA 17257
NAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE
FORINSURANCE - POSTMASTER _
PS FORM 3817 *GPO: 1977-75U-8J1
MAY 1975
1000 Mt. Rock Road
U.S. POSTAL SERVICE CERTIFICATE OF MAIL
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOE5,A3 T
PROVIDE FOR INSURANCE-POSTMASTER
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MARTSQU LAN f1,RMCES ?-
10 East High Street
CarlIslc PA 1701.3
One piece of ordinary mail addressed to:
A&A Decorative Design and Supplies, I
c/o Shawn D. Meyers, Esquire
20 N. Main St., Mercers burg,
PS Form 3S7 /, January 2001
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10 East High Street to
Carlisle, PA 17013
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Valley Heating & Cooling, LLC
73 W. Bird St., P.O. Box 337
Shippensburg, PA 17257
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PS Form 3517, January 2001
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MART ON T-AWa $c Mµ
10 East High Street
Carlisle PA 17013
One piece of ordinary mail addressed to:
Fayetteville Contractors, Inc.
c 7o Donald L. Kornfie d, Esquire
17 North Church Street
aynes oro, PA 17266
PS Form 3817, January 2001
U.S. POSTAL SERVICE CERTIFICATE OF
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, D(
PROVIDE FOR INSURANCE-POSTMASTER
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10 East High Street,,. ... rh
Carlisle, PA 17013
! h°iASI..ER
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Marvin Window & Door Showplace, Inc
1261 Claremont Road
Carlisle, PA 17013
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44 W. Main St., Mechanicsburg, FRM
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MARTSO D4 I.AW ORMC ES
10 East High Street
Carlisle PA 17013
One piece of ordinary mail addressed to:
Orrstown Bank
77 East King Street
Shippensburg, PA 17257
PS Form 3577, January 2001
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Martson Law Offices
10 East High Street
Carlisle, PA 17013
One piece of ordinary mail addressed to:
Orrstown Bank c/o David A. Baric, Esc
19 West South Street
Carlisle, PA 17013
U.S. POSTAL SERVICE
CERTIFICATE OF MAILING
From:
MARTSON LAW OFFICES
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MARTSt1N LAW 0RFiC:$$ p
10 East High Street HASI-ER
Carlisle, PA 17013 j
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One piece of ordinary mail addressed to: T ®?
Office of Unemployment Compensation Pk ...
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P.O. Box 60848, Harrisburg, PA 17106+
PS Form 3817, January 2001
US POSTAGE
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r •s IAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE
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U.S. POSTAL SERVICE CERTIFICATE OF
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, l6Ot!9AOOT
PROVIDE FOR INSURANCE-POSTMASTER
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Martson Law Offices,
10 East High Street
Carlisle, PA
One piece of ordinary mail addressed to:
Glass Distributors, Inc.
P.O. Box 349
Bladensburg, MD 20710-0349
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One piece of ordinary mail addressed to:
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407 N. Front St., P.O. Box 11848
Harrisburg, PA 17108
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MAY 1978
U.S. POSTAL SERVICE CERTIFICATE OF (E p
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20 South Main Street
Chambersburg, PA
-17201
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PS Form 3817, January 2001
US POSTAGi
U.S. POSTAL SERVICE CERTIFICATE OF
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10 East High Street V-1ASI-ER
17013
Carlisle, PA
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Farmers & Merchants Trust Co, u
C/o Scott A. Dietterick, Esquire C-- ICJ
P.O. Box 650
FA 11033
Hershey,
I
US POSTAGFI
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PS Form 3517, January 2001
U.S. POSTAL SERVICE
CERTIFICATE OF MAILING C Ix f'..'
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In
MARTSON LAW OFFICES
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a platy of ordinary mail addra0ad to:
Deere & Company
6400 NW 86th Street
Johnston, IA 50131
1Y BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE
.R INSURANCE - POSTMASTER
FORM ;817 GPO: 1977--750-8i1
°Y 1978
U.S. POSTAL SERVICE CERTIFICATE OF `- s
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, D T
PROVIDE FOR INSURANCE-POSTMASTER
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NA A IIT0/'1AT T AtOf nt»'a?nn a `rd .
HASLER
Carlisle, PA 17013
One piece of ordinary mail addressed to:
Deere & Company, c/o Clayton W. 0 ..? 11I
Davidson, squire t7t 1
100 Pine Street, P.O. Box 1166
Harrisburg, PA 17108
PS Form 3817, January 2001 'JUS POSTAGE
Y -
_- ,I ; God Srr
U.S. POSTAL SERVICE
CERTIFICATE OF MAILING ` Ifix ?*,.
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I Lo
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ar Is e, 11A 17013
Ma piaoa of ordinary mail addrauad to:
Pennsylvania Department of Revenue
° Bureau of Compliance, Lien Section
P.O. Box 280948, Harrisburg, PA 17128-0948
». IAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE
OR INSURANCE - POSTMASTER
" r + 3 FORM 3817 *GPO: 1977--750-851
IAY 1976
U.S. POSTAL SERVICE CERTIFICATE OF MAN
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES
PROVIDE FOR INSURANCE-POSTMASTER
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Martson Law Offices
U
10 East High Street
Carlisle, PA -,?
E
One piece of ordinary mail addressed to:
Members 1st Federal Credit Union
5000 Louise Drive
Mechanicsburg, PA 17055
PS Form
39V_LSOd Sfl
January 2001
U.S. POSTAL SERVICE
CERTIFICATE OF MAILING
tr
ICI I ,-' c
LO
F.. E
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l9mi"d From:
MARTSON LADY OFFICES
10 East High Street
Carlisle, FA 17U13
75
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11S POSTAGE:
lava
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tar fof ppjt>ba ;
lSVk j ?"M Pia w or orainery mau aaaraaaaa to:
?„ Collection Advisory Unit -
IL U.S. Treasury Department, Room 704
f 1000 Liberty Avenue, Pittsburgh', PA 15222!
IAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE
?'„ OR INSURANCE - POSTMASTER
r + S FORM ?r GPO: 1977-750--851
IAY 1979 3817
¦.ur 'I
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U.S. POSTAL SERVICE CERTIFICATE OF M
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DO NO
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PROVIDE FOR INSURANCE-POSTMASTER Y ,
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J
MARnObi LAW
10 East High Street HAS1.1 4-
?,,? a
Carlisle, PA 17013 ?- _ .. n r I
rs
One piece of ordinary mail addressed to:
I Ci
U.S. Treasury Department
1111 Constitution Avenue ` I
Washington, DC 20224 ?,..,
US POSTAG IIW
PS Form 3817, January 2001
U.S. POSTAL SERVICE CERTIFICATE OF M I
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES QOi
PROVIDE FOR INSURANCE-POSTMASTER
Received From:
Martson Law Offices
10 East High Street
Carlisle, PA 17013
One piece of ordinary mail addressed to:
Citicapital Commercial Corporation
Lien Perfection, 3950 Regent Blvd.,
2nd Floor, Irving, TX 75063
PS Form 3817, January 2001
HAS,LER
I : I
:; t- tze
c.,
US PO' TA.a 'i-
CERTIFICATE OF SERVICE
I, Mary M. Price, an authorized agent for Martson Law Offices, hereby certify that a copy of
the foregoing Affidavit of Notification was served this date by depositing same in the Post Office
at Carlisle, PA, first class mail, postage prepaid, addressed as follows:
Leroy K. Gordon
186 Booz Road
Shippensburg, PA 17257
Karen E. Gordon
186 Booz Road
Shippensburg, PA 17257
MARTSON LAW OFFICES
CIO
By:
04??
M rice
Ten Eas High Street
Carlisle, PA 17013
(717) 243-3341
3?1U
Dated:
This is a debt collecting firm. Any information obtained will be used for that purpose.
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
>r
{{ 0 F1
-Ip
r- 0
1, 5
Richard W Stewart
Solicitor
Members 1st Federal Credit Union
vs.
Leroy K. Gordon (et al.)
OF Cc , c?kRIFF
"1 Y
1
'.) Ali#
Case Number
2008-7180
SHERIFF'S RETURN OF SERVICE
10/08/2010 Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on October 8, 2010 at
1525 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the
above entitled action, upon the property of Leroy K. and Karen E. Gordon, located at 186 Booz Road,
Shippensburg, Cumberland County, Pennsylvania according to law.
10/08/2010 03:40 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on October 8
2010 at 1525 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the
above entitled action, upon the within named defendant, to wit: Leroy K. Gordon, by making known unto
Leroy K. Gordon personally, at 186 Booz Road, Shippensburg, Cumberland County, Pennsylvania its
contents and at the same time handing to him personally the said true and correct copy of the same.
10/08/2010 Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on October 8, 2010 at
1525 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above
entitled action, upon the within named defendant, to wit: Karen E. Gordon, by making known unto Karen
E. Gordon personally, at 186 Booz Road, Shippensburg, Cumberland County, Pennsylvania its contents
and at the same time handing to her personally the said true and correct copy of the same.
12/14/2010 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had
been given according to law, he exposed the within described premises at public venue or outcry at the
Cumberland County Courthouse, Carlisle, Cumberland County, PA on December 8, 2010 at 10:00 a.m.
He sold the same for the sum of $1.00 to Attorney Christopher Rice on behalf of Members 1 st Federal
Credit Union located at 5000 Louise Drive, Mechanicsburg, PA 17055, being the buyer in this execution,
paid to the Sheriff the sum of $1185.54.
SHERIFF COST: $1,185.54
December 22, 2010
SO ANSWERS,
Z'
RON R ANDERSON, SHERIFF
r,} Goun!pSutte Snent'f. Ioeaasott_ inc.
I t'
Christopher E. Rice, Esquire
Attorney I.D. No. 90916
Seth T. Mosebey, Esquire
Attorney I.D. No. 203046
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER
MARTSON LAW OFFICES
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
MEMBERS 1ST FEDERAL
CREDIT UNION,
Plaintiff
V.
LEROY K. GORDON and
KAREN E. GORDON,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
:NO. 08 - 7180 CIVIL TERM
: IN MORTGAGE FORECLOSURE
AFFIDAVIT PURSUANT TO RULE 3129.1
Members 1' Federal Credit Union, 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 186 Booz Road, Shippensburg, Pennsylvania 17257, and being Lots 3 and 3A according
to a Subdivision Plan recorded in the Recorder of Deeds Office of Cumberland County,
Pennsylvania, in Plan Book 92, Page 42, and as further described in Exhibit "A" attached hereto:
1. Name and address of owner(s) or reputed owner(s):
Leroy K. Gordon and Karen E. Gordon
186 Booz Road
Shippensburg, PA 17257
Leroy K. Gordon and Karen E. Gordon
c/o Matthew B. Weisberg, Esquire
PROCHNIAK WEISBERG, P.C.
7 South Morton Ave.
Morton, PA 19070
Leroy K. Gordon and Karen E. Gordon
c/o Larry V. Young, Esquire
CGA Law Firm
135 North George Street
York, PA 17401
2. Name and address of defendants in the judgment:
Leroy K. Gordon and Karen E. Gordon
186 Booz Road
Shippensburg, PA 17257
3. Name and address of every judgment creditor whose judgment is a record lien
on the real property to be sold:
A&A Decorative Design and Supplies, Inc.
1000 Mt. Rock Road
Shippensburg, PA 17257
A&A Decorative Design and Supplies, Inc.
c/o Shawn D. Meyers, Esquire
STEIGER, STEIGER & MEYERS
120 North Main Street
Mercersburg, PA 17236
Valley Heating & Cooling, LLC
A Division of College Town, Inc.
73 West Bird Street
P.O. Box 337
Shippensburg, PA 17257
Fayetteville Contractors, Inc.
P.O. Box FCI
Fayetteville, PA 17222
Fayetteville Contractors, Inc.
c/o Donald L. Komfield, Esquire
KORNFIELD & BENCHOFF, LLP
17 North Church Street
Waynesboro, PA 17268
Marvin Window & Door Showplace, Inc.
1261 Claremont Road
Carlisle, PA 17015
Marvin Window & Door Showplace, Inc.
c/o Richard C. Snelbaker, Esquire
SNELBAKER & BRENNEMAN, P.C.
44 West Main Street
Mechanicsburg, PA 17055
Orrstown Bank
77 East King Street
Shippensburg, PA 17257
Orrstown Bank
c/o David A. Baric, Esquire
19 West South Street
Carlisle, PA 17013
Office of Unemployment Compensation Tax Services
Department of Labor & Industry
P.O. Box 60848
Harrisburg, PA 17106
Office of Unemployment Compensation
7th Floor, Labor & Industry Building
651 Boas Street
Harrisburg, PA 17121
Glass Distributors, Inc.
P.O. Box 349
Bladensburg, MD 20710-0349
Glass Distributors, Inc.
c/o Robert D. Kodak, Esquire
KODAK & IMBLUM, P.C.
407 North Front Street
P.O. Box 11848
Harrisburg, PA 17108
Farmers & Merchants Trust Co.
20 South Main Street
Chambersburg, PA 17201
Farmers & Merchants Trust Co.
c/o Scott A. Dietterick, Esquire
JAMES, SMITH, DIETTERICK & CONNELLY, LLP
P.O. Box 650
Hershey, PA 17033
Deere & Company
6400 NW 86 h Street
Johnston, IA 50131
Deere & Company
c/o Clayton W. Davidson, Esquire
McNEES WALLACE & NURICK, LLC
100 Pine Street
P.O. Box 1166
Harrisburg, PA 17108
Pennsylvania Department of Revenue
Bureau of Compliance
Lien Section
P.O. Box 280948
Harrisburg, PA 17128-0948
4. Name and address of the last recorded holder of every mortgage of record:
Members 1St Federal Credit Union
5000 Louise Drive
Mechanicsburg, PA 17055
5. Name and address of every other person who has any record lien on the
property:
Collection Advisory Unit
U.S. Treasury Department
1000 Liberty Ave
Room 704
Pittsburgh, PA 15222
U.S. Treasury Department
1111 Constitution Ave. NW
Washington D.C., 20224
Citicapital Commercial Corporation
3950 Regent Blvd.
2"a Floor
Lien Perfection
Irving, TX 75063
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:
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:
None.
I verify that the statements made in this affidavit are true and correct to the best of my
personal knowledge or information and belief. I understand that false statements herein are made
subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities.
Date: ? // 0/? 0
MARTSON LAW OFFICES
By:
Christopher E. Rice, Esquire
This is a debt collecting firm attempting to collect a debt for Members 1" Federal Credit Union,
and any information obtained will be used for that purpose.
WRIT NO. 08-7180
LEGAL DESCRIPTION
186 Booz Road, Shippensburg, PA 17257, and known as
Lots 3 and 3A of the Subdivision Plan recorded in the Recorder of Deeds Office of Cumberland
County, Pennsylvania, in Plan Book 92, Page 42;
Tax Parcel Number: 11-09-0509-058
ALL THAT CERTAIN lot or tract of land situate in Hopewell Township, Cumberland
County, Pennsylvania, designated as Lot "3" and Lot "3A" as shown on Subdivision Plan entitled
"Final Subdivision Plan for Wadel Masons" prepared by Eric L. Diffenbaugh, Professional Land
Surveyor, which plan has been approved by the appropriate municipal authorities as a final
Subdivision Plan, and which is recorded in the Office of the Recorder of Deeds in and for
Cumberland County, Pennsylvania in Plan Book 92, Page 42; and are bounded and described as
follows:
BEGINNING at an existing railroad spike in Booz Road (SR 4003) at the dividing line
between Lot 2 and Lot 3 on the hereinabove referenced Plan; thence along said dividing line, North
72 degrees 12 minutes 35 seconds West 442.77 feet to an existing iron pin; thence along the dividing
line between Lot 2A and Lot 3A on the hereinabove referenced Plan, North 72 degrees 12 minutes
35 seconds West 390.39 feet to a set iron pin; thence along the dividing line between Lot 3A on the
hereinabove referenced plan and Lot 5 as set forth in Plan Book 92, Page 42, North 24 degrees 37
minutes 03 seconds East 258.72 feet to a set iron pin; thence along the dividing line between Lot 3A
and Lot 4A on the hereinabove referenced Plan, South 72 degrees 12 minutes 35 seconds East 383.97
feet to an existing iron pin; thence along the dividing line between Lot 3 and Lot 4 on the
hereinabove referenced Plan, South 72 degree 12 minutes 35 seconds East 418.44 feet to an existing
railroad spike; thence in Booz Road (SR 4003), South 17 degrees 47 minutes 25 seconds West
256.89 feet to a set railroad spike, the point and place of BEGINNING.
CONTAINING 4.8227 acres, more or less, in accordance with the above-referenced plan.
TOGETHER with and under and subject to notations as shown on said plan.
UNDER AND SUBJECT TO any and all existing covenants, agreements, conditions,
easements, restrictions of record.
BEING THE SAME PREMISES which Wadel Masons, a Pennsylvania partnership,
comprised of Wayne L. Wadel, Jr. and Ronald A. Wadel, by deed dated June 15, 2006, and recorded
June 27, 2006, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania
in Deed Book 275, Page 1595, conveyed to Leroy K. Gordon and Karen E. Gordon, husband and
wife.
TO BE SOLD AS THE PROPERTY OF LEROY K. GORDON AND KAREN E. GORDON,
HUSBAND AND WIFE, ON JUDGMENT ENTERED AT THE ABOVE NUMBER AND TERM.
EXHIBIT "A"
r
Christopher E. Rice, Esquire
Attorney I.D. No. 90916
Seth T. Mosebey, Esquire
Attorney I.D. No. 203046
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER
MARTSON LAW OFFICES
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
MEMBERS 1ST FEDERAL
CREDIT UNION,
Plaintiff
V.
LEROY K. GORDON and
KAREN E. GORDON,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 08 - 7180 CIVIL TERM
: IN MORTGAGE FORECLOSURE
NOTICE OF SHERIFF'S SALE
OF REAL PROPERTY PURSUANT TO
PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.2
TAKE NOTICE that the Sheriff's Sale of Real Propertywill be held on December 8, 2010,
by the Cumberland County Sheriff's Office, at the Cumberland County Courthouse, 1 Courthouse
Square, Carlisle, PA 17013, at 10:00 AM, prevailing local time.
THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly
consisting of a statement of the measured boundaries of the property, together with a brief mention
of the buildings and any other major improvements erected on the land (SEE LEGAL
DESCRIPTION ATTACHED HERETO).
THE LOCATION of the property to be sold is 186 Booz Road, Shippensburg, Cumberland
County, Pennsylvania 17257.
THE JUDGMENT under or pursuant to which the property is being sold is docketed to: No.
2008 - 7180 Civil Term, Cumberland County C.C.P., Pennsylvania.
THE NAME OF THE OWNERS OR REPUTED OWNERS OF THE PROPERTY ARE
Leroy K. Gordon and Karen E. Gordon, 186 Booz Road, Shippensburg, Cumberland County,
Pennsylvania.
r
i
A SCHEDULE OF DISTRIBUTION, being listed of the persons and/or government or
corporate entities or agencies being entitled to receive part of the proceeds of the sale received and
to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are
owed taxes) will be filed by the Sheriff within thirty (30) days after the sale, and distribution of the
proceeds of the sale in accordance with this schedule will, in fact, be made unless someone objects
by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule
of Distribution may be obtained from the Sheriff of Cumberland County, Cumberland County
Courthouse, 1 Courthouse Square, Room 303, Carlisle, Pennsylvania 17013, (717) 240-6390.
THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR
PROPERTY OR PROPERTY RIGHTS. It has been issued either because there is a Judgment
against you or because the sale of real property described herein may affect an interest you have in
the real property. It may cause your property to be held, sold or taken to pay the Judgment. You may
have legal rights to prevent your property from being taken. A lawyer can advise you more
specifically of these rights. If you wish to exercise your rights, you must act promptly.
YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION TO YOUR
LAWYER AT ONCE IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE GO
TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN
GET LEGAL ADVICE.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
MARTSON LAW OFFICES
By:
Date: g-?-/0
rat-?--
Christopher E. Rice, Esquire
I.D. 90916
Seth T. Mosebey, Esquire
I.D. 203046
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
This is a debt collecting firm attempting to collect a debt for Members 1" Federal Credit Union,
and any information obtained will be used for that purpose.
I
14
WRIT NO. 08-7180
LEGAL DESCRIPTION
186 Booz Road, Shippensburg, PA 17257, and known as
Lots 3 and 3A of the Subdivision Plan recorded in the Recorder of Deeds Office of Cumberland
County, Pennsylvania, in Plan Book 92, Page 42;
Tax Parcel Number: 11-09-0509-058
ALL THAT CERTAIN lot or tract of land situate in Hopewell Township, Cumberland
County, Pennsylvania, designated as Lot "3" and Lot "3A" as shown on Subdivision Plan entitled
"Final Subdivision Plan for Wadel Masons" prepared by Eric L. Diffenbaugh, Professional Land
Surveyor, which plan has been approved by the appropriate municipal authorities as a final
Subdivision Plan, and which is recorded in the Office of the Recorder of Deeds in and for
Cumberland County, Pennsylvania in Plan Book 92, Page 42; and are bounded and described as
follows:
BEGINNING at an existing railroad spike in Booz Road (SR 4003) at the dividing line
between Lot 2 and Lot 3 on the hereinabove referenced Plan; thence along said dividing line, North
72 degrees 12 minutes 35 seconds West 442.77 feet to an existing iron pin; thence along the dividing
line between Lot 2A and Lot 3A on the hereinabove referenced Plan, North 72 degrees 12 minutes
35 seconds West 390.39 feet to a set iron pin; thence along the dividing line between Lot 3A on the
hereinabove referenced plan and Lot 5 as set forth in Plan Book 92, Page 42, North 24 degrees 37
minutes 03 seconds East 258.72 feet to a set iron pin; thence along the dividing line between Lot 3A
and Lot 4A on the hereinabove referenced Plan, South 72 degrees 12 minutes 35 seconds East 383.97
feet to an existing iron pin; thence along the dividing line between Lot 3 and Lot 4 on the
hereinabove referenced Plan, South 72 degree 12 minutes 35 seconds East 418.44 feet to an existing
railroad spike; thence in Booz Road (SR 4003), South 17 degrees 47 minutes 25 seconds West
256.89 feet to a set railroad spike, the point and place of BEGINNING.
CONTAINING 4.8227 acres, more or less, in accordance with the above-referenced plan.
TOGETHER with and under and subject to notations as shown on said plan.
UNDER AND SUBJECT TO any and all existing covenants, agreements, conditions,
easements, restrictions of record.
BEING THE SAME PREMISES which Wadel Masons, a Pennsylvania partnership,
comprised of Wayne L. Wadel, Jr. and Ronald A. Wadel, by deed dated June 15, 2006, and recorded
June 27, 2006, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania
in Deed Book 275, Page 1595, conveyed to Leroy K. Gordon and Karen E. Gordon, husband and
wife.
TO BE SOLD AS THE PROPERTY OF LEROY K. GORDON AND KAREN E. GORDON,
HUSBAND AND WIFE, ON JUDGMENT ENTERED AT THE ABOVE NUMBER AND TERM.
EXHIBIT "A"
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 08-7180 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due MEMBERS 1sT FEDERAL CREDIT UNION,
Plaintiff (s)
From LEROY K. GORDON & DAREN E. GORDON
(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 $480,202.75 L.L.
Interest from 11/13/08 at $91.71 per day until debt is paid in full
Arty's Comm (estimated) $24,000.00% Due Prothy $2.00
Atty Paid $1,308.78
Other Costs
Interest past due as of 11/13/08 - $69,195.00 Late payment charges - $5,583.55
Deferred late charges - $1,116.71 Escrow advanced - $26,853.85
Plaintiff Paid
Date: 8/10/10
(Seal)
David D. Buel , Prothonotary
By:
Deputy
REQUESTING PARTY:
Name: CHRISTOPHER E. RICE, ESQUIRE
Address: MARTSON LAW OFFICES
10 EAST HIGH STREET
CARLISLE, PA 17013
Attorney for: PLAINTIFF
Telephone: 717-234-3341
Supreme Court ID No. 90916
On September 22, 2010 the Sheriff levied upon the
defendant's interest in the real property situated in
Hopewell Township, Cumberland County, PA,
Known and numbered as, 186 Booz Road,
Shippensburg, more fully described on Exhibit "A" filed with
this writ and by this reference incorporated herein.
Date: September 22, 2010
By:
&M-'E'state Coordinator
The Patriot-News Co.
?020 Technology Pkwy
Suite 300
Mechanicsburg, PA 17050
Inquiries - 717-255-8213
CUMBERLAND CO. SHERIFFS OFFICE
CUMBERLAND COUNTY COURT HOUSE
CARLISLE
PA 17013
14( PNow you know
THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
Under Act No. 587, Approved May 16, 1929
Commonwealth of Pennsylvania, County of Dauphin} ss
Holly Blain, being duly sworn according to law, deposes and says:
That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the
Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of
Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News
newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that
The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and
all have been continuously published ever since;
That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular
daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she nor said Company is
interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time,
place and character of publication are true; and
That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on
behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the
stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds
in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317.
PUBLICATION COPY This ad ran on the date(s) shown below:
10/15/10
10/22/10
i, 10/29/10
)JAI .
Sworn to and subscribed before me this 10 clay of,November, 2010 A. D.
Notary Public
COMMONWEALTH OF PENNSYLVANIA
Notarial seal
Sherrie L Kisner, Notary Public
Lower Paxton Twp., Dauphin County III
My Commission 50res Nov. 26, 2011
Mei° h,,,, - -nnsyNania Association of Notaries
2OW7190 0A Term
Members 1st Poll" CMM
Union
Vs
Leroy K. Gordon
Karen E Gordon
Any: Cluisiopher E Rice
186 Booz Road, Shippensburg, PA 17257, and
known as
Lots 3 and 3A of the Subdivision Plan
recorded in the Recorder of Deeds Office of
Cumberland County, Pennsylvania, in Plan
Book 92, Page 42;
Tax Parcel Number: l1-09-0509-058
ALL THAT CERTAIN lot or tract of land
situate in Hopewell Township, Cumberland
County, Pennsylvania, designated as Lot "3„
and Lot 1X as shown on Subdivision Plan
entitled "Final Subdivision Plan for Wadel
Masons" prepared by Eric L. Diffenbaugh,
Professional Land Surveyor, which plan has
been approved by the appropriate municipal
authorities as a final Subdivision Plan, and
which is recorded in the Office of the Recorder
of Deeds in and for Cumberland County,
Pennsylvania in Plan Book 92, Page 42; and are
bounded and described as follows:
BEGINNING at an existing railroad spike
in Booz Road (SR 4003) at the dividing line
between Lot 2 and Lot 3 on the hereinabove
referenced plan; thence along said dividing
line, North 72 degrees 12 minutes 35 seconds
West 442.77 feet to an existing iron pin; thence
along the dividing line between Lot 2A and Lot
3A on the hereinabove referenced Plan, North
72 degrees 12 minutes 35 seconds West 390.39
feet to a set iron pin; thence along the dividing
line between Lot 3A on the hereinabove
referenced plan and Lot 5 as set forth in Plan
Book 92, Page 42, North 24 degrees 37 minutes
03 seconds East 258.72 feet to a set iron pin;
thence along the dividing be between Lot 3A
and Lot 4A on the hereinabove referenced
Plan, South 72 degrees 12 minutes 35 seconds
East 383.97 feet to an existing iron pin; thence
along the dividing fine between Lot3 and Lot 4
on the hereinabove referenced Plan, South 72
degree 12 minutes 35 seconds East 418.44 feet
to, an existing railroad spike; thence in BoOz
Road (SR 4003), South 17 degrees 47 minutes
25 seconds West 256.89 feet to a set railroad
spike, the point and place of BEGINNING.
CONTAINING 4.8227 acres, more or less, in
accordance with the above-referenced plan.
TOGETHER with and under and subject to
notations as shown on said plan.
UNDER AND SUBJECT TO any and all
existing covenants, agreements, conditions,
easements, restrictions of record.
BEING THE SAME PREMISES which
Wadel Masons, a Pennsylvania partnership,
comprised of Wayne L. Wadel, Jr. and Ronald
x Wadel, by deed dated June 15, 2006, and
recorded June 27, 2006, in the Office of the
Recorder of Deeds in and for Cumberland
County, Pennsylvania in Deed Book 275, Page
1595, conveyed to Leroy K Gordon and Karen
E. Gordon, husband and wife.
TO BE SOLD AS THE PROPERTY OF
LEROY K. GORDON AND KAREN E.
GORDON, HUSBAND AND WIFE, ON
JUDGMENT ENTERED AT THE ABOVE
NUMBER AND TERM.
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
COMMONWEALTH OF PENNSYLVANIA
ss.
COUNTY OF CUMBERLAND :
Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and
State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law
Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid,
was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
viz:
October 22, October 29, and November 5, 2010
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are true.
r
Marie Coyne,
SWOTT TO AND SUBSCRIBED before me this
5 da of November, 2010 i'-'
(??- ?- Notary
NOTARIAL SEAL
DEBORAH A COLLINS
Notary Public
CARLISLE BOROUGH, CUMBERLAND COUNTY
My Commission Expires Apr 2B, 2014
CUMBERLAND LAW JOURNAL
Writ No. 2008-7180 civil
Members 1st Federal Credit Union
vs.
Leroy K. Gordon
Karen E. Gordon
Atty.: Christopher E. Rice
186 Booz Road, Shippensburg,
PA 17257, and known as Lots 3 and
3A of the Subdivision Plan recorded
in the Recorder of Deeds Office of
Cumberland County, Pennsylvania,
in Plan Book 92, Page 42; Tax Parcel
Number: 11-09-0509-058.
ALL THAT CERTAIN lot or tract of
land situate in Hopewell Township,
Cumberland County, Pennsylvania,
designated as Lot "3" and Lot "3A" as
shown on Subdivision Plan entitled
"Final Subdivision Plan for Wadel
Masons" prepared by Eric L. Diffen-
baugh, Professional Land Surveyor,
which plan has been approved by the
appropriate municipal authorities as
a final Subdivision Plan, and which is
recorded in the Office of the Recorder
of Deeds in and for Cumberland
County, Pennsylvania in Plan Book
92, Page 42; and are bounded and
described as follows:
BEGINNING at an existing rail-
road spike in Booz Road (SR 4003) at
the dividing line between Lot 2 and
Lot 3 on the hereinabove referenced
Plan; thence along said dividing
line, North 72 degrees 12 minutes
35 seconds West 442.77 feet to an
existing iron pin; thence along the
dividing line between Lot 2A and Lot
3A on the hereinabove referenced
Plan, North 72 degrees 12 minutes 35
seconds West 390.39 feet to a set iron
pin; thence along the dividing line
between Lot 3A on the hereinabove
referenced plan and Lot 5 as set forth
in Plan Book 92, Page 42, North 24
degrees 37 minutes 03 seconds East
258.72 feet to a set iron pin; thence
along the dividing line between Lot
3A and Lot 4A on the hereinabove
referenced Plan, South 72 degrees 12
minutes 35 seconds East 383.97 feet
to an existing iron pin; thence along
the dividing line between Lot 3 and
Lot 4 on the hereinabove referenced
Plan, South 72 degree 12 minutes 35
seconds East 418.44 feet to an exist-
ing railroad spike; thence in Booz
Road (SR 4003), South 17 degrees
47 minutes 25 seconds West 256.89
feet to a set railroad spike, the point
and place of BEGINNING.
CONTAINING 4.8227 acres, more
or less, in accordance with the above-
referenced plan.
TOGETHER with and under and
subject to notations as shown on
said plan.
UNDER AND SUBJECT TO any
and all existing covenants, agree-
ments, conditions, easements, re-
strictions of record.
BEING THE SAME PREMISES
which Wadel Masons, a Pennsylvania
partnership, comprised of Wayne L.
Wadel, Jr. and Ronald A. Wadel, by
deed dated June 15, 2006, and re-
corded June 27, 2006, in the Office
of the Recorder of Deeds in and for
Cumberland County, Pennsylvania in
Deed Book 275, Page 1595, conveyed
to Leroy K. Gordon and Karen E.
Gordon, husband and wife.
TO BE SOLD AS THE PROPERTY
OF LEROY K. GORDON AND KAREN
E. GORDON, HUSBAND AND WIFE,
ON JUDGMENT ENTERED AT THE
ABOVE NUMBER AND TERM.
49
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
ISS:
I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that
the Sheriff's Deed in which Members 1 st Federal Credit Union is the grantee the same having been sold
to said grantee on the 8th day of December A.D., 2010, under and by virtue of a writ Execution issued
on the 10th day of August, A.D., 2010, out of the Court of Common Pleas of said County as of Civil
Term, 08 Number 7180, at the suit of Members 1 st Federal Credit Union against Leroy K & Karen E
Gordon is duly recorded as Instrument Number 201101088.
IN TESTIMONY WHEREOF, I have hereunto set my hand
and seal of said office this
17
day of
_ Recorder of Deeds
ConrN" MWANdJW=
F.AFILESCIientsV11470 Members IstTi1_ESVCurrentA56 GordonACivil ActionA11470 56.pra2
Christopher E. Rice, Esquire
Attorney I.D. No. 90916
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER
MARTSON LAW OFFICES
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
1 i tC 'ti0 d H 0 N 0TA R',-
'19 11 MAR 28 PM 3'. 49
CUMBERLAND COUNTY
PENNSYLVANIA
MEMBERS 1 ST FEDERAL : IN THE COURT OF COMMON PLEAS OF
CREDIT UNION, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V.
:NO. 08 - 7180 CIVIL TERM
LEROY K. GORDON and
KAREN E. GORDON,
Defendants IN MORTGAGE FORECLOSURE
PRAECIPE
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please mark the judgment in the above-referenced matter satisfied and the action
discontinued.
Date: 3 2--? - Il
MARTSON LAW OFFICES
By:
Christopher E. Rice, Esquire
I.D. No. 90916
Ten East High Street
Carlisle, PA 17013-3093
(717) 243-3341
Attorneys for Plaintiff
This is a debt collecting firm attempting to collect a debt for Members 1" Federal Credit Union,
and any information obtained will be used for that purpose.