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HomeMy WebLinkAbout10-7136F \FII.ES\CliemsU 1470 Mamberslri\FILES\CurrentV27 Wsiker\11470.127.com for Christopher E. Rice, Esquire Attorney I.D. No. 90916 R. Christopher VanLandingham, Esquire Attorney I.D. No. 307424 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff _~ i ,j~_ I 1 Js.~• r of i nn ~ n # t ~' l 1 ~' ~ I` \/ 1 9.1.;1 i: a MEMBERS 1' ` FEDERAL CREDIT UNION, Plaintiff v. BENJAMIN L. WALKER, and ROSEMARY K. WALKER Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010 - 713~o CIVIL TERM NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiffs. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCE FEE OR NO FEE: IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD A LAWYER Contact: Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 ~S (717) 249-3166 #Qa.00 AD Amy e~ a 3aa~ e* a~osts NOTICE REQUIRED UNDER THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. §1601 (AS AMENDED) AND THE PENNSYLVANIA UNFAIR TRADE PRACTICES ACT AND CONSUMER PROTECTION LAW, 73 PA. CON. STAT. 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 is a Creditor 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 promissory note will be assumed to be valid by the Creditor's law firm, unless the Debtor, within thirty (30) days after receipt of this notice, disputes, in writing, the validity of the debt or some portion thereof. 4. If the Debtor 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 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 DOCUMENT MAY BE CONSTRUED AS AN ATTEMPT TO COLLECT A DEBT FOR THE PLAINTIFF AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Christopher E. Rice, Esquire Attorney I.D. No. 90916 R. Christopher VanLandingham, Esquire Attorney I.D. No. 307424 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 : IN THE COURT OF COMMON PLEAS OF UNION, :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v : NO. 2010 -`~/3~o CIVIL TERM BENJAMIN L. WALKER, and ROSEMARY K. WALKER IN MORTGAGE FORECLOSURE Defendants . COMPLAINT AND NOW, comes the Plaintiff, MEMBERS 1 S` FEDERAL CREDIT UNION, by and through its attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and files this Complaint in Mortgage Foreclosure upon the following: 1. Plaintiff, Members 1 S` Federal Credit Union ("Plaintiff'), is a federally chartered credit union located at 5000 Louise Drive, Mechanicsburg, Pennsylvania 17055. 2. Defendants, Benjamin L. Walker and Rosemary K. Walker ("Defendants"), aze adult individuals residing at 41 Ridge Drive, Cazlisle, Pennsylvania 17015. 3. Defendants are owners of the real property located at 41 Ridge Drive, Cazlisle, Pennsylvania ("Real Property"), as set forth in the Recorder of Deeds Office of Cumberland County, Book 36J, Page 277, which is subject to the Mortgage described below. 4. On or about April 16, 2007, Defendants executed aClosed-End Note, Disclosure, Loan and Security Agreement (the "Note") with Plaintiff in the amount of $44,783.38. A true and correct copy of the Note is attached hereto as Exhibit "A" and is incorporated herein by reference. 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 Real Property (the "Mortgage"). A true and correct copy of the Mortgage containing a complete legal description of the Real Property is attached hereto and incorporated as Exhibit "B." 6. The Mortgage has not been assigned. 7. Defendants are the owners of the Real Property, and Plaintiff knows of no other persons holding an ownership interest in the Real Property. 8. Plaintiff has made demand for payment of all sums due and owing thereunder, but payment has been refused. 9. Plaintiff provided Defendants with notice of the period in which Defendants' default may be cured, but Defendants have failed to cure their default. 10. As authorized under the Mortgage, the loan obligation to Plaintiff from the Defendants has been accelerated. 11. The total sum due and owing from Defendants under the Note, as of November 5, 2010, is itemized as follows: Principal: Late Fees: Interest as of November 5, 2010: Court Costs and Fees (estimated): Attorney Fees: Total as of November 5, 2010: $36,398.73 $140.15 $1,420.67 $500.00* $5,000.00 $43,459.55 Plus interest accruing at $8.71 per day from November 5, 2010, until paid in full. *To be determined by the Cumberland County Sheriff. 12. Plaintiff specifically reserves the right to increase the Court Costs and Fees, and Attorney Fees listed above should additional services be requested and/or costs/charges/fees be incurred as a result of the collection of the money owed and foreclosure of the Real Property. 13. Pursuant to the notice provision of Act 6, 41 P.S. § 403, and Act 91, 35 P.S. 1680.403(c) (collectively, the "Notice"), Plaintiff sent notices of intention to foreclose mortgage and of the mortgage assistance program dated July 27, 2010, to Defendants by certified mail, return receipt requested. WHEREFORE, Plaintiff demands judgment against Defendants under the Note in the amount of $43,459.55, plus interest from November 5, 2010, at the rate of $8.71 per day until the debt is paid in full. Date: ~4v ~ ~ , 2010 MARTSON LAW OFFICES I.D. No. 90916 R. Christopher VanLandingham, Esquire I.D. No. 307424 Christopher E. Rice, Esquire 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. EXHIBIT "A" - - - Teen wr.w ANNUM. PERCENTAGE FINANCE CHARGE: aeaed Flneaoea 7M eerwel er Tour a Peyerrde: The teeorrrd RATE: The arr d yar oredN a a TAe doMr cleared tls oredN w11 aedR pawed b you a an your y,,, ~ hew ~ tMMr ~ ~ wb reM ~ . r aoN yae. bNrM, mtwM e11 peynwib as •MredrNd. {.71 x • i 22,80{.{{ • i M,7q.~{ • i p,>id.70 • y~~ Oe1pMyerI~~w~~~MeegerwMlewleNY~Tehe~eewe/eMMw{hiaMel{e~yegrYrwud~e~e~eMl~cMwNMleeleul~eMlwMldMy •~ee~~•~ r+eleuerrMiallZlwTte~e4eM I~MNwl~iweN~inMi~iedlY~~aMe4lrlurur•1 ~~MMew~l~l~w~larle Nr, eed ~ N •aar N du Mh~ •r•er eMee'Ar•wr Pe4e•I j her 000~~01 Y y g . ~1or•e e nr•eeedey 11 Mier ee• 1•er, er 1Mer NywRlwe rerr Mre•ee yr 1w ~urrr ~ y~erMre _ i~ re 1.w htMe aisff-. nor ~aLi d~.~~r ~i~i r- ~~ Nd i N ` ~'N`~e.~•e . r erruee•i t• I~w rIMR1~~r~~N Aeuenle IeenMr Ilrebltnl MeeerreMnwrieeMNedMreeYeprwMeo~{ee~rtf'MaeIeMMMeeeslrteinhwlNl~j t e •ddlery~e~reeb ~e~ ~'•wrnw~.rrrwrie.wwywr~r~r.wd r.aTM. Y~~a"~rtri~i,ii~i~ '"'~ ~ i~ ~ e ~~ A- .- i«. ,, 11eM-~ MiWANN Al wy aeertr~rer• eM•ri w e1wlrMdM er 11Mttele ~1'MUeeM•MewMleMeMMe4~Mrl'MeM•~reM.IMM~NWLRI1C~lyAOEMT[M MII~MNMrMMNAJAt. MNwArM M McYrelwYelM e1eeMN/NerrNe Aw•weN~•yra•rrr h~rro~wor.q YoMehyar•arAr•Oee ~~~~Y~~~~b ,,• , ~~{ sset.~a Mordldy•Oe~erYr{ o{naa{o7 ~` ~ iee{.7{ Frw Ou. - ae OYt0IJ017 i wA Ndaetetueweerr. «rw,.ee~rr..r yeerMrwe~rlNMSed11e1rwd1erM6wf a MMMM~M~1•L ^1O1•Mek ~~ee{r.r.~•rA a~:~i:~e~"ir ~w:d~id°r~•+~"r ~e~w°~erew~n`w~+.eM~i.+w~raewd"' ~""" i A i N,7q.~ Arewrd Pew b o{ren an tact e.h.r m•••rwral AMOUNT OIYEN TO YOU ONIECTLY i SA00.00 AMOUNT /~ ON YOUR ACCOUNT= PREPAQ FNtMrCE CNAl19E _ i+•~wen isr 0.00 e~ Te ••~•~w 3 To YwrvR/r10v 70 ~ V• i ~~ To ~{~ To arrfaewrre i N,enJe 70 ••aa To warxwaw is r~ To Awer••w ~~ ie•e T{ "ererMe+ «~rr•ir:.r.~y~iwrwri.rrrwrw~i•r~i•rw+~•~•~yr.~r rr~~ ~wr-•wwMw~Y.~. ~~ wir~.~,rwrr~~wur-r•wnrw+w .r.~•~1~w•INrU.11r1~~1f•~11I~wIrM.~.•yf~ ~•*+ra••ra•rerir•.f~•iYM~~~rll•Ya11r ~Car•w.v wrra.•wro r. urw er.. um M... 1 M 7 CO~MeOM feq 1•~Mpr rAnrlCa.~~y, YK M e/Ifs IMM• OTNB! (DeeCAbek I1 R~OOt DRIV! CAILLIBLE, PA 17016 Cet10fl eaueArte{ AP/LMe ~ N07v OILY 01N ARI.ICANt MAY AP/LY tort eM1A{edTY WYMAOL ^ Yes Q No Sirpb etaM use ~ row Pnmkxn ^ Yee p No CredN olitblKy ~ Totel PrerMutn D Ye{ a na yard cr.dM uh •wa.t..t•oe q,et..,.x D D _ :{.oo ~•aate.twh.,~..e„: ~..__.~.~___~ --_. D ^ t:•~A„eaeti: i coo ~ ~NJAMNI ~ wAt.KER 1 ioeDy6 ~zt ~"""'"' - ai,~ertooi ~M T ~8.}TNE W011Da'GItEDR uN10R' MEANS MlMl6R! t9T fEDERK CREDIT UNION. TFIE WORD6 'YOU: 'YOUR' AND 'YOIMW' MEAN TM08! OBMo~}~ir~Y Alfillsi~f jm~py 1 of Y~ b~y'ro pnr a IMa ehMpa ~0~'R AI'~I~ISM.. R~°°~".;~WMG'~'°"~SM O~dR REMR SI S.li w II ~( ah~ EOS~: YO ~~ekn~al~~ NMIY ~ M~ C~ rI rtol t0 MMp~~ « b 1~ a1trMlq, w apply. r01K to. ~~~~~ M ~~~_ DtlaUll,~uiA1M DNy~ ~E~~ M1Jnim~~ d~yr p~ Ny d EN Clsdl w~Driu~f~1 ulNan nMOi wMlr M~~~~~1 _""'' arty °f IM . ~aaaQM+M'~ ar..•N~~ra •bMrlol~~n~~tfl aNdtlrh !M~ Ol1 r1r.01.«OQ"WI~'' ~0 NIE Or y0Y ff01R 6,00 71a. al Sllrw: Yaa Maya M paw f1~M aad MwMa r w uaaa ~IYOIwa6116aaa. as aaaarty M611a raa r aaw pw aSwNw aradlt M twaaY aNwas art/~a rw prawrt a.a war w aw wa 4,'~ rallara6.oar Mwtlaaw ara wa...w. araraayti raa, wtw alaaa wrlaa n.r raw. w r tM1<aR w w~~a~l~y ».rMrwy ~w M~AEMe~ra"a,a a ll.. oa .Mwa.ae ~R _ prt! o- "RioEA~FMN." ~' M MM r as 1nrNMuN Ysm ar~M. ~ p vOY~v~~lwMaaingylarrult~d tlr dabtaM~ doaa payrNay Nae Iwa to p~ ~ raa ar~ooYaeYon aoga, wNiaN Naxaa uIb mead. ThM ~k n~dot ~ a~ontaU~tlalaarl~ ~ ~ ~ ab~ ~ e W k d~ihl~Al. q~iN het maYbacanaR apwt ofyour ~rwl1~ F. 43765 tA)2 ~nr+ro syw~nr. tic.. ar+ma Pays 2012 LOAN AGREEMENT sECUwTr AaNEeRN~rT !~0~ q~~ y~~,~gl~~ y~p~yh~~iM~ I~"'~'~. ~eI MM/~i~1 ~YM~ 4111 M 1 1~ ~ ~i !w~i ~nwl~wn na aNp OIM~ fau, bul yaw ananon. ~iMUabM. EXHIBIT "B" // 11 Prepared By: Members l st FCU -- ~~ ~' 1' ;-~. ? ; E C ~ ~. ~' echanicsburg, PA 17055 . ~~ ~' ~ ~ '% F ~, r' _ 4~~.~ . ,~ ~-r7 L~ ~F. I wires recordod mail to: F?IBSTAJkfB,RlCAN TITLSINSl/RlNCE ~ !'SAY 1 ? HhI 10 26 LENDER4.lDVANTAGE 1101/ SUPBRlOR AVSM)8, SMITE 200 CLB'VELAND, OBlO 44114 ATT1V.• FllITO ~rr~1 Na pQ - 0'S 73 "C~SO -OODOi000 -s ) MORTGAGE M,r~ 04/iG/2007 satw+eea BENJAMIN L WALKER AND ROSEMARY K WALKER MEMSERS ice' FEDERAL CREDIT i~JNION (bey ~~~ ~") WMress, Mortgs®or hss executed sod delivered to M called the "Note") of even data s certsmmMott~ Note (hereiwtter psyabk to the order o S 44 .38 Lwfirl ~ ~ the prraoipd sear of for psymoat of sn of the Uaitod Siates of Aaretiq, sad hss intecast thereon ~ the rata lowed or advanosd ther+etmdar by '~ containing certain o~ term ~ the ~, in the anamar sad at the limas tl set ~, ~ n f~, oondi~aa, all of which era specifu~lly iacorPo~ed hen~in by psymeet of the p~'mne andmte~st' ~ °° of soh! debt or prime sum sad as , for the the ternrt of the Note, does ' toga+tber wiffi all o etb r ohms psyablQ >a~reaader or ~mdar 8~ sad eonvey unrto lbortgagee, '~ tbst cxrhia property of the Mastgsgor lor~ated in T1DWN3HIP ~~®~ Pdmsyhrsnia , 3EE EXHtB1T "A" ATTACHED HERETO FOR LEGAL DESCRIPT1pN which currently has the address of 41 RID(}R DR Carlisle ~~ [Sheet) [City] 1701 S [gip Code] AoclNo 219493-03 198095 ApplD P+p~td+ I~ 1992PG2659 Te~sther with the buildings seal improvements erected the rtanancea ~erwmto beloagmg rid the roversiarrr, rannaiaders, nms, issue: and pro5ls thereof. To Have and To Hold the same unto Ma'tgagea, its successors and assigns, forever. ~Pnvided, Bawever, That if Morn slnil PaY ~ the aforesaid debt or 1 smn and uad~er the terms of the ~ advaaca and all other rims p~~by Marq~p' to Mo~as~ockr other covenants, oooditioos ~ ~'°r •~ i , and alma ~P +md peribms each of the greeted and conveyed shall became'd a ~ fob' t6e° this MoctPee sad the esq~e hesrby a~!r'tgagt ~ executed sad delivered subject to the following covenants, caaditioos sad (l) T~ Nose secured hereby :ball evidence and this shall cover sad be future towns ~ advances that may be made by M ~~ j~ a0~h' f~ say Y ~gagor sad Mortg~ to be eo cvxi~ ~ ~ be added bo the principal debt. ~ ~~+ sad ~c~h lmoass advaooes shsll (2) From bone to time until said debt sad interest are fully paid, () pn, ~ neats~and sII otheraad ss the acme :ball become due asd sil , sewer sad water any part of the r P sad wluc' h s ~~tmte to time b Asa ~lawlbl an~'oritY securod ~Y~ (b) ~ be ~~ reserved 8rom the ~~ ~ ~ mechanics' liens whieh agaiaat pad P ~a~~ ~ ~d ~ wymeat to the dot secured hereby, (c) pay sad ~ ~ hem pr~orriy m Ikn inchdiag interest and prialties a~P tax, the debt ~'~ if any. now a haaeaflsr and charges thereon ouch pol'xaesot'~+dPr'ovide, ieaew asd loaep alive by pnyy~ aaY p~ ro9~ upm ~ bwidinga and impiovemeab no at Irl ~' Sore time so time with kss payabk chuues is favor of ~ e:eetod ~0° ~tgagsd Pr'amiaea, ~ (e) Pr'Y submit to h e~ of tbaM~ wed P of ~' , ~. provided. however, that may at ib option requite that sums sufficient bf8 ~ 8~8 charges be Paid in instal b to Mortgagee, (3) Mortgagor shall maintain all buildings sad iatptovemeots tial repair, as det~eemined by Mortgagee. Matgs~ees shall to thin is good sad of the at ffiY reasonable bomr for the purpose of ioapectmg the~order, '~ and ~u tdrog ionptovemenb eroded thereon. .Sect No 219493-03 App 1 gg---- ~S ._ Pp~2d4 BK 1992P~2660 (4) la the event Morf,~Or nefilech or refoaa to the mai~ain the bnildarp and na~proves~ ~ ~~y »~oaed at (2) above, ~ fins to lm~rpal debt secur+ad hereby. a~ collect the same as aMput~of~sard' pciocipal d~,~ oos<mOreOf tO the ( ~ agrees not to crate, nest permit to accrue, apon all a any pint of the Martpage. ~ which wrnild be prior to, or on a puny with, fire lien of this (6) In case dafialt be made for the space of thirty (30) days in the psymaat of ~ ieeet~ Pms~ to the terms of the Note or in the yy M of loans m ~~o~! other mma paid the aslne balarta of avid ~ o Mme. wNh unpaid inteeeat Breseaoh s~ Pmt b the tams o~ or thu beca4se • ~ the option of and witiwut notice ~ doe b ' and Lorecloaura p ~, ~ fasth+~h an this b of J~eat, erocation sad sale fir the cxlkction of 16e Ste, ~ the ~a co fa oo~lechon of five peea~t (S%) of Bra to~q~ indsbledse~aa or P~roceedinBs, warvaa of M~'8°f mga~oe s~ ~ f11 errors m ssid omdsnmatiion of ~p~y the rrtht of paymeait, ~ from kvy and ask of arty property Brat ~- u ~ of any satoh q and waives all eoc~rpfia~ harailer may be eicempeed by law. M ' tvoid. Agar such ~ ~ ~~ sad ~ estsb shall oocnrrence and Mahe. bat otily~if t1i feeto ~ ~ ~ ~ s ~ tin's ~~ permitted under Applfiable Law. ~ ~ g of the fee is The cove~nts, caoditio~ and a8reeasarb conhiaed in Bm Marip~e shsiq banefib shall inane to, the n~pective psstip hereto and. their r+especth-e Wis. axeculors, ~, and the aesipns, and if hhiiaes Mortgage is executed by more than one pity, t>re ~' ~d shall be joint and sevenrl, - CBs +nd liability of each ,~ ~ 219+493-03 198095 ~-wtn P•s.aas ~ I~ 992PG266 I Wit~ea: the due execution hereof the dsy snd yar fast shove written. ~ L WALKER ROl4E K WALKER Commonwealth of Peamsylvania Camty of _Cumbe 7 and ~ ~• thin, the 16th day of Apri 1 2007 s e L aA' rman e~ o~---~~y me, 111N L WILie~Q eun ener...,~....~ .-•-• --- s~ en to me to be the s) a u/sre ~lowwlea~ed t>nt he/she execnled a~gne for the putpoks >lN~n ~o aad My Members la* Fedeisl Credit Union, Maetga8ee wi ' ~ S0~ L0111ae Drive, Mechanicsburg, PA ] 7055. , ~~~ that its residence By a«eNo 219493-03 ayPU> 198095 In Wltaeas Wiereof, I hereunto set my hand an ~. Paps 1 d 4 At 1992PG2662 EXM181T "A" LEGAL DEBCRIpTipN A P1NOCiL 09' Li1t~ID SI?Q~ rp T!?OZ 8ti-ss or P~szL~, CODMiT oa CQ~87.i111D, 1II'FH A 8'1'R!i? I.OGTION ADO~liBa Off' ~1 RIDpP DR; GRLIBLi, P11 17015-9771 Ctyy pip ~ L <~L1QR A~ A 161IiaA 871,VII03 A '1'A7C ~iN?ItIG?IOIi pp 09-0573-0050-0000000-21 ]11~ 8sI11G 37Q BSIi p 1Q)t >~.L? DEBC'8=Sp IIi HpOR/p11Qi Oft DOCpI~ ~A 36J-277 ]111D ~ 118 LOT 6 P9 f0 tPG 2A. 08-0573-0050-0000000-21 ~1 BIDQi ~% C-~IB~, P11 17015-9721 19809Sa 1~l~~ ti~.tKEit 32700351/f ~ FIRST AlERICNI Ll1.ltA8 ~YMITAtiE NIIII~~~N11~~11~~ I Certi ry ilt i:~ ~. In Cumberla.nc, ; , ~~ ~'': R r~.~, !#t ~ g9~P62~6~ VERIFICATION I~+ A~r.4,~lt N , as an employee of Members 1 ~` Federal Credit Union, acknowledge I have the authority to execute this Verification on behalf of Members 1 ~` Federal Credit Union and certify that the foregoing Complaint in Mortgage Foreclosure is based upon information which has been gathered by my counsel in the prepazation of the lawsuit. The language of this document is that of counsel and not my own. I have read the document and to the extent the Complaint for Confession of Judgment 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 far Confession of Judgment is that of counsel, I have relied upon counsel in making this Verification. This statement and Verification aze 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 criminal penalties. MEMBERS 1ST FEDERAL CREDIT UNION By: F:IFILES\Climt~\I 1470 Membanl~lFILES\Correm\I27 Walker\11470.127.com for SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson O TPROT FILED-OFFICE Sheriff1irkI?. HONOARY Jody S Smith 1?P0 ? ? 28 AM $: 44 Chief Deputy Richard W Stewart CUMBERLAND COUNTY Solicitor PENPdS YLVANIA Members 1 st FCU Case Number vs. 2010-7136 Benjamin L. Walker (et al.) SHERIFF'S RETURN OF SERVICE 11/24/2010 11:15 AM - Stephen Bender, Deputy Sheriff, who being duly sworn according to law, states that on November 24, 2010 at 1115 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Rosemary K. Walker, by making known unto herself personally, at 41 Ridge Drive, Carlisle, Cumberland County, Pennsylvania 17015 its contents and at the same time handing to her personally the said true and correct copy of the same. EPHE BENDER, DEPUTY 12/21/2010 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: Benjamin L. Walker, but was unable to locate him in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Benjamin L. Walker. Request for service at 41 Ridge Drive, Carlisle, Pennsylvania 17015 the defendant was not found. To date The Carlisle Postmaster has been unable to provide a good forwarding address for Benjamin L. Walker. SHERIFF COST: $54.84 December 21, 2010 SO ANSWERS, 6zl?aa___ RON R ANDERSON, SHERIFF .. ?? sultr S f T rsrao= 1. i,'.c. FILED-OF fk,: FAF1LES\Chents\11470 Memberslst\FILES\Cutrent\127 Walker\11470.127.pra.reinstate com n 4-- 1: C r? ?y ?`a ' , Christopher E. Rice, Esquire CO I FEB 15 PM 2* L = Attorney I.D. No. 90916 R. Christopher VanLandingham, Esquire 'CUMBER{ AND -, `, U ` I Attorney I.D. No. 307424 PCHVSYLV Y?? 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, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 2010 - 7136 CIVIL TERM BENJAMIN L. WALKER, and ROSEMARY K. WALKER Defendants PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Please reinstate the Complaint in the above captioned action against Defendant Benjamin L. Walker. r 141Aj 1016e MARTSON LAW OFFICES BY: et -6?? ;? Christopher E. Rice, Esquire I.D. No. 90916 R. Christopher VanLandingham, Esquire I.D. No. 307424 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Date: 02 115- , 2011 Attorneys for Plaintiff SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff -.C? Jody S Smith ='' ?r- Chief Deputy TNO Richard W Stewart c° Solicitor '.? r 3 . i i..,.?. Members 1st FCU vs. Benjamin L. Walker (et al.) Case Number 2010-7136 SHERIFF'S RETURN OF SERVICE 02/17/2011 10:12 AM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on February 17, 2011 at 1012 hours, he served a true copy of the within Complai and Notice, upon the within named defendant, to wit: Benjamin L. Walker, by making known unto self personally, at 436 W. Main Street, Walnut Bottom, Cumberland County, Pennsylvania 1726 its c nt nts and at the same time handing to him personally the said true and correct copy of the sam A SHERIFF COST: $41.04 February 22, 2011 WN HARRISON, DEPUTY SO ANSWERS, 6Z RON R ANDERSON, SHERIFF Cowi* uJ 1 Christopher E. Rice, Esquire Attorney I.D. No. 90916 R. Christopher VanLandingham, Esquire Attorney I.D. No. 307424 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. BENJAMIN L. WALKER, and ROSEMARY K. WALKER Defendants TO BENJAMIN L. WALKER: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2010 - 7136 CIVIL TERM NOTICE OF ENTRY OF DEFAULT JUDGMENT You are hereby notified that on the 3r day of May, 2011, the following Judgment was entered against you in the above-captioned action: judgment in the amount of $43,459.55, plus interest from November 5, 2010, at the rate of $8.71 per day until the debt is paid in full, along with any additional costs or attorney fees incurred thereafter, for failure to file an Answer to Plaintiffs Complaint. Date: ???31< < Prothonotary I hereby certify that the name and address of the proper person to receive this notice under Pa. R. Civ. P. 236 is: Benjamin L. Walker 436 West Main Street Walnut Bottom, PA 17266 F:\Clients\11470 Members I st\F1LES\Current\127 Walker\1 1470.127.pra.defaultBen.wpd Christopher E. Rice, Esquire Attorney I.D. No. 90916 R. Christopher VanLandingham, Esquire Attorney I.D. No. 307424 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff t;:a --c w rQ C71 t -7:3 m CD 0 MEMBERS 1 ST FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS OF UNION, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. BENJAMIN L. WALKER, and ROSEMARY K. WALKER Defendants TO THE PROTHONOTARY: NO. 2010 - 7136 CIVIL TERM PRAECIPE Please enter default judgment in the above-captioned action in favor of Plaintiff and against Defendant Benjamin L. Walker in the amount of $43,459.55, plus interest from November 5, 2010, at the rate of $8.71 per day until the debt is paid in full, along with any additional costs or attorney fees incurred thereafter, for failure to file an Answer to Plaintiffs Complaint. I do hereby certify that written notice of intention to file this Praecipe was mailed to Defendant Benjamin L. Walker on March 11, 2011 which date is subsequent to the date default occurred and at least ten (10) days prior to the date of the Praecipe. fd, ' f/I/ OD f TId WAO 023 3 ?CG? ash ?3a ),k Dated: MARTSON LAW OFFICES / S 12-- By: Christopher E. Rice, Esquire I.D. Number 90916 R. Christopher VanLandingham, Esquire I.D. No. 307424 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff v* ?uwjmu? ?d? ?tni?h cnly d? F',FILES%CIiems\11470 Members I st\F1LES\Currem\127 Walkeh11470.127.I0daynoticeBen Christopher E. Rice, Esquire Attorney I.D. No. 90916 R. Christopher VanLandingham, Esquire Attorney I.D. No. 307424 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. BENJAMIN L. WALKER, and ROSEMARY K. WALKER Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2010 - 7136 CIVIL TERM : IN MORTGAGE FORECLOSURE NOTICE TO: BENJAMIN L. WALKER DATE OF NOTICE: March 11, 2011 436 W. Main Street, Walnut Bottom, PA 17266 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone:(717) 249-3166 MARTSON LAW OFFICES ,L S /0- By Christopher E. Rice THIS IS AN ATTEMPT TO COLLECT A DEBT FOR MEMBERS 1ST FEDERAL CREDIT UNION AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Christopher E. Rice, Esquire Attorney I.D. No. 90916 R. Christopher VanLandingham, Esquire Attorney I.D. No. 307424 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. BENJAMIN L. WALKER, and ROSEMARY K. WALKER Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010 - 7136 CIVIL TERM AFFIDAVIT AS TO MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA ) :SS. COUNTY OF CUMBERLAND ) Christopher E. Rice, Esquire, being duly sworn according to law, deposes and says that he has authority to make this affidavit on behalf of his client, and to the best of his knowledge, information and belief, Defendant Benjamin L. Walker, above named is not in the military service of the United States of America, that he has knowledge that the said Defendant's last known address is: 436 West Main Street, Walnut Bottom, PA 17266. Said Defendant's place of employment is unknown. ?? C,/, 7 Christopher E. Rice, Esquire Sworn t and subscribed before me this day of Ma 2011. COMMONWEALTH OF PENNSYLVANIA ,/ ` ? NO" Seal Mary M. Price. Notary Pubic WW County / l Carisle Boro, CtmW My Corrxrd?ion EOM Aup.18, 201 No iry& a blic Member, Pennsylvania Associa W Of NOM;i; Christopher E. Rice, Esquire Attorney I.D. No. 90916 R. Christopher VanLandingham, Esquire Attorney I.D. No. 307424 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 : IN THE COURT OF COMMON PLEAS OF UNION, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 2010 - 7136 CIVIL TERM BENJAMIN L. WALKER, and ROSEMARY K. WALKER Defendants COMMONWEALTH OF PENNSYLVANIA ) SS COUNTY OF CUMBERLAND ) Christopher E. Rice, Esquire, being duly sworn according to law, deposes and says that he is an employee of MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, attorneys for the Plaintiff in the above captioned matter and that pursuant to the provisions of the Pennsylvania Rules of Civil Procedure, a notice of intention to enter default judgment against Defendant Benjamin L. Walker was given to him by mail on March 11, 2011. c .? Christopher E. Rice, Esquire Sworn to and subs abed before me this day of May, 2011. Not blic COMMONWEALTH OF PENNSYLVANIA Notarial Seal Mary M. Price, Notary Public Carlisle Boro, Cumberland County My C rirnission E)ires Aug. A 2011 Member, Pennsylvanli Association of Notaries 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 Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Mr. Benjamin L. Walker 436 West Main Street Walnut Bottom, PA 17266 MARTSON LAW OFFICES By M . Price 10 Eat High Street Carlisle, PA 17013 Dated: / / This is a debt collecting firm for Members 1st Federal Credit Union attempting to collect a debt. Any information obtained will be used for that purpose.