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Home My WebLink About10-7208 F:\FII.ES\Ctienta\11470 Mamberalat\F1LES\Current\I25 AyersU 1470.125,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 MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff ';i 4~'! k r~,... r i C ~... i rq ~ r t25 ~ ,~ ~ ~ ,. -~ ~ y ! t! }~ o & FALLER MEMBERS 1' ` FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS OF UNION, :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 2010 - `~~b ~ CIVIL TERM STEPHANIE AYERS and STACI L. HAIR, as Administrators for the ESTATE OF JEREMY L. AYERS, IN MORTGAGE FORECLOSURE Defendants 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 maybe 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 (717) 249-3166 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. 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 - 7).D~ CIVIL TERM STEPHANIE AYERS and STACI L. HAIR, as Administrators for the ESTATE OF JEREMY L. AYERS, : IN MORTGAGE FORECLOSURE Defendants COMPLAINT AND NOW, comes the Plaintiff, MEMBERS ls` 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. Jeremy L. Ayers ("Decedent"), is a deceased adult individual formerly residing at 29 Mountain Street, Mount Holly Springs, Cumberland County, Pennsylvania 17065. 3. The Estate of Jeremy L. Ayers ("Estate") was probated within the Cumberland County Register of Wills on October 9, 2009, and Stephanie Ayers and Staci L. Hair were duly appointed as Administrators of the Estate ("Defendants") 4. Decedent was the owner of the real property located at 29 Mountain Street, Mount Holly Springs, Cumberland County, Pennsylvania ("Real Property"),asset forth in the Recorder of Deeds Office of Cumberland County, Book 197, Page 568, which is subject to the Mortgage described below, which is now under the control of the Defendants, as Administrators of the Estate. 5. On December 28, 2005, Decedent executed aClosed-End Note, Disclosure, Loan and Security Agreement (the "Note") with Plaintiff in the amount of $48,000.00. A true and correct copy of the Note is attached hereto as Exhibit "A" and is incorporated herein by reference. 6. As security for the performance of his obligations under the Note, Decedent, as Mortgagor, 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." 7. The Mortgage has not been assigned. 8. The Real Property is titled in the name of the Decedent, and Plaintiff knows of no other persons holding an ownership interest in the Real Property. 9. Plaintiff has made demand for payment of all sums due and owing thereunder, but payment has been refused. 10. Plaintiff provided Defendants with notice of the period in which the default may be cured, but Defendants have failed to cure the default. 11. As authorized under the Mortgage, the loan obligation to Plaintifffrom the Decedent, has been accelerated. 12. The total sum due and owing under the Note, as of September 30, 2010, is itemized as follows: Principal: $35,063.33 Late Fees: $416.92 Interest as of September 30, 2010: $3,296.54 Court Costs and Fees (estimated): $500.00* Attorney Fees (estimated): $3,500.00 Total as of September 30, 2010: $42,776.79 Plus interest accruing at $7.86 per day from September 30, 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 a notice of intention to foreclose mortgage and of the mortgage assistance program on December 4, 2009, by certified mail, return receipt requested. WHEREFORE, Plaintiff demands judgment against Defendants under the Note in the amount of $42,776.79, plus interest from September 30, 2010, at the rate of $7.86 per day until the debt is paid in full. MARTSON LAW OFFICES 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: ~v • ~~ , 2010 Attorneys for Plaintiff THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. EXHIBIT "A" j! S[ ~~ 1~1 Alt3A!188R~P CLOSED-END NOTE DISCLOSURE 5000 loWse DrNe, P.O. 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Ammad Pall ro AMOtxdT ~ ro You DE+~cnr i 1z,t37.z2 s"~" To r~eMau~ t: To tiaN Tow i To AMOUNT PND ONYOtNt ACCOUNT: t4,Bd7.E7 E+AI"~ TO r~ln-KONE f TO Eaem.ao Tp MarwAMbrcA iaao Tp r•w PREPAID FINANCE CHARGE j 0.00 To ~""+~ ti To ~""~"^ MARE MODEL I.D. NU OTNER (Oaecribsl: ~ MOUNTAIN 57 MDUNT HOLLY SPRINGS, PA 17065 i ~a aafy ar 1 ban eaa ••awar avawnw one amaure •bMer«a. wegnar: a you w aglap a eepl«, yar aaaaadwse wea41 a M NaEae a aaayrr- TUR GATE C OWN ••C GATE X (6EKI ~ IsEAU wC0.9lONER DA ^ CO.11NtYl ~ •OTFE#R ONYIYdt ~ •'CDvb~ DATE X 18EAy laEAy X C ^ •OTNlR OWNER Q "corKiNER O~TE X CO•MAKER p.'OTNER OVMfER p " teE~W Tt ewM ni•Mr••~w11f•••~Ybe~ r~w•1•~r•IIYr•Ilrlrwor111M•rlrr•rrWw4rwMA1w/rnr.wlr.Wr•i••runn.•w•~Mr11~MrilMrr•IIaA Ma rW~l aMM~~."eeaMaM•Arir~.rwr•rr~rr4rrr~/~r•Mwllrarrr. 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IJ7N a•r. 7At ow ~ n1'/ COM1rraR 1•q N•n•1•a 1A~•111 C•niPnr•1. Y•: All rip.b nwvN. 90RROWFJr9 NAME LOAN NUYBEA ACCOIaiT NUIMER DATE OP LOAN JEREMY L AYERS 134N8Zf 2ZSS2602 12i2t1/2t703 IrN~HESE~/~Gj~,~O ~RfsITNE WORDS 'CREDIT UNION' MEANS MEMBERS 1ST fEDERAI CREDIT UNION. THE WORDS 'YOU; "FOUR" AND WORDS MEAN tNOSE LOAN AORLENRiNT e 9a spPa pNd In the(~p~ p~IonN~i~. any~dus•, aml fees or li~ontrlp, p irony ywann prsndlRm: soxllad Interest or Iklanoe oubtalldlrq 1. PaynlelMS nwb In addtbn to roe~N PaynN-Ma ~ a _aPWMd in Ule same order. the of ban. Y ~ornMe~lod oontlMle p~ a a1M~auunder~thia even It ya, k u+e Late h rneMa a 1~ merN, spree to pay a Ms eharps N one WideiaQan pEgs 1 N ktaeranw: If you aWaM _ .k~ _ _ ~bY a lM endR bia The an1011nteolwt anvGliCh. DO Wn 41t c~ b Mo U-~YOna.~Sa~ae7!hDO~~{apenY ~ ero~11~R4anhaa ren hobr. You~rney ~tlia~Ywwar~ea Gom of D cfaRlee~aend~dlibre~cpt ~Me apam b aadlt unbn a copy d~a~ Yyaaarr~nrro irlOraass of :You rantlNab ~radrat~ipapy~ a bail Mb to iraorm° N e of ~ Ihat~ v ;~ aror ~ Yp~bY~ roprdMp your a~Mlnea, tha~9ma W diYIM ~ a'"a~+o.~d~ilala l~'xtt` to unbn may eratrdee tiw ad9leut fa9lar naoe b you. w~a r l~e~unla,~ a.a ~ any a a,e asdx I~y1 pie e-eat Won xf pt lab p or perdal p INM~WOn r~~i ~'~rl'°~i"nN~n'M' wNhaltak'"rp eryr or rle ce~waaMNe~ra: dyou sn ersl s~NN as a co-maker. aproe to sa~iM+ar~a 6op1~1N-peW. Tile ~exblend~lem i W a p Viand ~ aRy rwgryfnB o- rebaairq you Uan SECURITY AORt:EMENT s. rw.l~u~i ~eu~.rn wM Iw'""s~ipwta"w.mn'~i ~i I~ p~N~a a~ 4. aauwY M sr4 ~ aMa ~~p~r~yl ~~~ !i. Y~ a ~M~~ wNde a N wAlaaennh 1M ~uRy ar vliW pool d~wMM 1N 1e nlw, hul b r~nid reb ~~a~a~oMn 1 r wblM~~ 1~ ~ u10 a~Pab b+~ b You Mtllar er t unbn Nalaanoa 8anW Canty vaW ar naowwryw~w~a1 lgkr va.nr on dl~o n E oerNpe• eye W, Yuv~~1~iMNro'l~i'ndlMtllwly~ v~iln. Ma~..MR°or' F• !. w ~uNen foot al Woo tM Ilea 10. tiN alld as rM. net ony Ealda you, but your exaalon, admNleaalon. etao:roe CWnahlal RNga of /anw: Yw alaMa as yew shoos and M 91a enNMt ladae~ lwtMrfN/ alkae eddirarr, M aemRly ar Yi NeR.ln aw you dahuk ale eraAt ralEa nary~y Yon ahrw sad de. `tlla pMlmant w ore sass dra at fir tie. elteYMt, Nawdlq o.Ew.f Oe..lNeun.nd raaaauaiaa >a tiaa, YEtM aMt anlwr nayr alar, ap b!0'M~ N 111a uqW and lrlalaal Nor aaa ar ddM to ~a • Nan w ahana and ~E~igS~aa/y~t«a~ Nyw~ rakk mqr M Mld In an "Indlvldual You are osalp aakee b 9guuarardae qtb deb. Thbk q-awbbabore you do. If the borrower doesM pay Nro debt, you vrlll hew b. tae sure can afford to pay U you haw b, sM Yrl you vaant b adapt this raaporlalWNy. ~ aI ayN have bpay I~p to the fuNkwa nmywoiuM oafutkhge deW aN the borrower dws mK paY. You may aqo have to pay tats (ea or eWNDUon coat. wh~kil~inaaase thk r~ ~ no'Iks ~IhararrlNts3 r~w ifihb b d~*' ekd W b av~ ~41~14 N~iet ~d maybaeana dycur a~sdti~ F. 437ti9110Y APPRO eyaam•, Inc, ttN07a Page 2012 EXHIBIT "B" I1~ ~~ ~~ C ~ Prapazed By: Membefs lst FCU 5000 Louise Drive Mechanicsburg, PA 17055 Return To: When recorded mail to: FIRST AMERICAN TITLE INSURANCE .. - :. __ ~ i 1228 EUCLID AVENUE, SUITE 400 ? ::'; ,. , ; , `, ; .: ;- ; ,_ °: ' ;' CLEVELAND, OHIO 44115 ~ ~ ~; ~ ~ ; . ~_ -. _ ATTN.• FT1120 "~~ J~Pa 1? Rf~ 1G ~5 MORTGAGE 261 ~ ~ ~~ Made 12/28/2005 Between JEREMY L AYERS ererna er ca a ortgagor' And MEMBERS 1ST FEDERAL CREDIT UNION (hereinafter called "Mortgagee") Whereas, Mortgagor has executed and delivered to Mortgagee a certain Mortgage Note (hereinafter called the "Note") of even date herewith, payable to the order of Mortgagee in the principal sum of $ 53,294.42 ,lawful money of the United States of America, and has provided therein for payment of any additional moneys loaned or advanced thereunder by Mortgagee, together with interest thereon at the rate provided in the Note, in the manner and at the times therein set forth, and containing certain other terms and conditions, all of which aze specifically incorporated herein by reference; Now, Therefore, Mortgagor, in consideration of said debt or principal sum and as secwity for the payment of the same and interest as aforesaid, together with all other sums payable hereunder or under the terms of the Note, does grant and convey unto Mortgagee, All that certain property of the Mortgagor located in MT HOLLY SPRINGS BOROUGH Cumberland County, Pennsylvania DEED DATED 04/09/1999 BOOK 197 PAGE 568 SEE EXHIBIT "A" PA~.~.~. n~, a~ ~3 a -x-33 ~'- a~ 6 which currently has the address of 29 MOUNTAIN ST Mount Holly Springs ,Pennsylvania [City] Acct No 228826-02 App1D 134665 [Street] 17065 [Zip Code] Page 1 of 4 Bit { ~'~ 1F'i~:'I ~7 Together with the buildings and improvements erected thereon, the appurtenances thereunto belonging and the reversions, remainders, rents, issues and profits thereof. To Have and To Hold the same unto Mortgagee, its successors and assigns, forever. Provided, However, That if Mortgagor shall pay to Mortg ee the aforesaid debt or principal sum, including additional loans or advances and all other sums payab~e by Mortgagor to Mortgagee hereunder and under the terms of the Note, together with interest thereon, and shall keep and perform each of the other covenants, conditions and agreements hereinafter set forth, then this Mortgage and the estate hereby granted and conveyed shall become void. This Mortgage is executed and delivered subject to the following covenants, conditions and agreements: (1) The Note secured hereby shall evidence and this Mortgage shall cover and be security for any future loans or advances that may be made by Mortgagee to Mortgagor at any time or times hereafter and intended by Mortgagor and Mortgagee to be so evidenced and secured, and such loans and advances shall be added to the principal debt. (2) From time to time until said debt and interest are fully paid, Mortgagor shall: (a) pay and discharge, when and as the same shall become due and payable, all taxes, assessments, sewer and water rents, and all other charges and claims assessed or levied from time to time by any lawful authority upon any part of the mortgaged premises and which shall or might have priority in lien or payment to the debt secured hereby, (b) pay all ground rents reserved from the mortgaged premises and pay and discharge all mechanics' liens which may be filed against said premises and which shall or might have priority in lien or payment to the debt secured hereby, (c) pay and discharge any documentary stamp or other tax, including interest and penalties thereon, if any, now or hereafter becoming payable on the Note evidencing the debt secured hereby, (d) provide, renew and keep alive by paying the necessary premiums and charges thereon such policies of hazard and liability insurance as Mortgagee may from time to time require upon the buildings and improvements now or hereafter erected upon the mortgaged premises, with loss payable clauses in favor of Mortgagor and Mortgagee as their respective interests may appear, and (e) promptly submit to Mortgagee evidence of the due and punctual payment of all the foregoing charges; provided, however, that Mortgagee may at its option require that sums sufficient to discharge the foregoing charges be paid in installments to Mortgagee. (3) Mortgagor shall maintain all buildings and improvements subject to this Mortgage in good and substantial repair, as determined by Mortgagee. Mortgagee shall have the right to enter upon the mortgaged premises at any reasonable hour for the purpose of inspecting the order, condition and repair of the buildings and improvements erected thereon. Acct No 228826-02 App1D 134665 Page 2 of 4 till ~ J ~) /~ ~ ~? ,._ ~ ~.~ (4) In the event Mortgagor neglects or refuses to pay the charges mentioned at (2) above, or fails to maintain the buildings and improvements as aforesaid, Mortgagee may do so, add the cost thereof to the principal debt secured hereby, and collect the same as a part of said principal debt. (5) Mortgagor covenants and agrees not to create, nor permit to accrue, upon all or any part of the mortgaged premises, any debt, lien or charge which would be prior to, or on a parity with, the lien of this Mortgage. (6) In case default be made for the space of thirty (30) days in the payment of any installment of principal or interest pursuant to the terms of the Note, or in the performance by Mortgagor of any of the other obligations of the Note or this Mortgage, the entire unpaid balance of said principal sum, additional loans or advances and all other sums paid by Mortgagee pursuant to the terms of the Note or this Mortgage, together with unpaid interest thereon, shall at the option of Mortgagee and without notice become immediately due and payable, and foreclosure proceedings may be brought forthwith on this Mortgage and prosecuted to judgment, execution and sale for the collection of the same, together with costs of suit and an attorney's commissJOn for collection of five percent (5%) of the total indebtedness or $200, whichever is the larger amount. Mortgagor hereby forever waives and releases all errors in said proceedings, waives stay of execution, the right of inquisition and extension of time of payment, agrees to condemnation of any party levied upon by virtue of any such execution, and waives all exemptions from levy and sale of any property that now is or hereafter may be exempted by law. (7) Upon payment of all sums secured by this Mortgage, this Mortgage and the estate conveyed shall terminate and become void. After such occurrence, Mortgagee shall discharge and satisfy this Mortgage. Mortgagor shall pay any recordation costs. Mortgagee may charge Mortgagor a fee for releasing this Mortgage, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. The covenants, conditions and agreements contained in this Mortgage shall bind, and the benefits shall inure to, the respective parties hereto and their respective heirs, executors, administrators, successors and assigns, and if this Mortgage is executed by more than one party, the undertakings and liability of each shall be joint and several. Acct No 228826-02 AppID 134665 Page 3 of 4 Witness the due execution hereof the day and Commonwealth of Pennsylvania ) ss: County of Cumberland ) ~1~ t ' , ttiq 28th_ day of December 2005 ,before me, 1` ~j the undersigned o Icer, personally appeared Jeremy. _L _aye S satisfactorily proven to me to e e person(s) w ose name(s) is/are subscribed to the within Mortgage, and acknowledged that he/she executed the same for the purposes therein contained. In Witness Whereof, I hereunto set my hand and official seal. My commission expires: Certificate of Residence~d~"ia Association Of Noterisa Members 1ST Federal Credit Union, Mortgagee within named, hereby certifies that its residence is 5000 Louise Drive, Mechanicsburg, PA 17055. B 2~~ ~ ~~ Acct No 228826-02 AppID 134665 Page 4 of 4 #; MINONWEALTH OF PENNSYLVANIA Notary Seal MANY L7• Geesey. Notary PubNc Upper Allen Twp., Cumberland Coturty My Commissbn Expires Sept. 28, 2008 ~~-in~g~t'~'~~=~6G EXHIBIT A All that certain property situated in the Borough of Mount Holly Springs, in the County of Cumberland, Commonwealth of Pennsylvania and being described as follows: 23-32-2338-036. Being more fully described in a deed dated April 09, 1999 and recorded April 15, 1999, among the land records of the County and State set forth above, in Deed Volume 197 and Page 568. Permanent Parcel Number: 23-32-2338-036 JEREMY L. AYERS, A SINGLE MAN 29 MOUNTAIN STREET, MT HOLLY SPRINGS PA 17065 Loan Reference Number 134665 First American Order No: 8617624 Identifier: FIRST AMERICAN LENDERS ADVANTAGE NNliil~l~#ANI~AYERS , - , 8612 24 FIRST AMERICAN LENDERS ADVANTAGE MORTGAGE NIIIIII NI~I~IIININIINII~IIIIIHIIIII ,:W r.*, .: A~ ;1 '~% i ..- f~' ._ ~~.~ , ~-~~.er of Deeds Bnf~~~=~~~~~i VERIFICATION I, Dave Thomas, as an employee of Members 1 S` Federal Credit Union, acknowledge I have the authority to execute this Verification on behalf of Members 1 S` 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 preparation 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 for Confession of Judgment 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 criminal penalties. MEMBERS 1ST FEDERAL CREDIT UNION Dave Thomas F:\FILFS\Clients\11470 Memberslst\F[LES\Cutren[\125 Ayers\l 1470.125.com for FiLED-OFFICE U THE PRO TI1ON ll? R "" FAFMES\Clients\11470 Members Ist\FKES\Curret\125 AYersU 1470.125.a Puce of service Christopher E. Rice, Esquire 1010 DEC; 17 PFD 2: 53 Attorney I.D. No. 90916 R. Christopher VanLandingham, Esquire CUMBERLAND CoUw t Y Attorney I.D. No. 307424 NNSYL VANIA 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. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010 - CIVIL TERM STEPHANIE AYERS and STACI L. HAIR, : as Administrators for the ESTATE OF JEREMY L. AYERS, : IN MORTGAGE', FORECLOSURE Defendants ACCEPTANCE OF SERVICE I, Patricia Brown, Esquire, hereby accept service of the Complaint in Mortgage Foreclosure in the above action, on behalf of Stephanie Ayers and Staci L. Hair, Administrators of the Estate of Jeremy L. Ayers, and certify that I am authorized to do so. Date:" ?? °z° b Patricia Brown, Esquire 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. FILM:OFFICE OF THE PROTHONOTARY 2011 v ,, -`, Pr 2: ?S cU",gt r t !_ ri <D COUNTY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2010 - 7208 CIVIL TERM STEPHANIE AYERS and STACI L. HAIR, : as Administrators for the ESTATE OF JEREMY L. AYERS, : IN MORTGAGE FORECLOSURE Defendants TO: STEPHANIE AYERS, Administrator for the ESTATE OF JEREMY L. AYERS, DEFENDANT, and her counsel PATRICIA R. BROWN, ESQUIRE NOTICE OF ENTRY OF DEFAULT JUDGMENT You are hereby notified that on the 'S V_ day of January, 2011, the following Judgment was entered against you in the above-captioned action: judgment in the amount of $42,776.79, plus interest from September 30, 2010, at the rate of $7.86 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: - rj Lj , .- 4Pthonotary.'tmkVmb , I hereby certify that the name and address of the proper person to receive this notice under Pa. R. Civ. P. 236 is: Patricia R. Brown, Esquire SALZMANN HUGHS, P.C. 354 Alexander Spring Road, Suite 1 Carlisle, PA 17015 ?yD do44a? a?k? ? s3a33 ?d a 0 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'' FEDERAL CREDIT UNION, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 2010 - 7208 CIVIL TERM STEPHANIE AYERS and STACI L. HAIR, as Administrators for the ESTATE OF JEREMY L. AYERS, IN MORTGAGE FORECLOSURE Defendants TO: STACI L. HAIR, Administrator for the ESTATE OF JEREMY L. AYERS, DEFENDANT, and her counsel PATRICIA R. BROWN, ESQUIRE NOTICE OF ENTRY OF DEFAULT JUDGMENT You are hereby notified that on the day of January, 2011, the following Judgment was entered against you in the above-captioned action: judgment in the amount of $42,776.79, plus interest from September 30, 2010, at the rate of $7.86 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: / - S -,,20 // I hereby certify that the name and address of the proper person to receive this notice under Pa. R. Civ. P. 236 is: Patricia R. Brown, Esquire SALZMANN HUGHS, P.C. 354 Alexander Spring Road, Suite 1 Carlisle, PA 17015 FIFILES\Clients\11470 Members] st\F1LES\Current\125 Ayers\11470.125.pra.default 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 -7208 CIVIL TERM STEPHANIE AYERS and STACI L. HAIR, : as Administrators for the ESTATE OF JEREMY L. AYERS, : IN MORTGAGE FORECLOSURE Defendants TO THE PROTHONOTARY: PRAECIPE Please enter default judgment in the above-captioned action in favor of Plaintiff and against Defendants in the amount of $42,776.79, plus interest from September 30, 2010, at the rate of $7.86 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 were mailed to counsel for Defendants on December 22, 2010 which date is subsequent to the date default occurred and at least ten (10) days prior to the date of the Praecipe. MARTSON LAW OFFICES By: Chi,..-f f. 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 Dated: / 9 - /O Attorneys for Plaintiff F:\FILES\C1ients\11470 Members I9TILESTu rent\125 Ayers\] 1470.125.10 day notice 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 : IN THE COURT OF COMMON PLEAS OF UNION, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 2010 - 7208 CIVIL TERM STEPHANIE AYERS and STACI L. HAIR, : as Administrators for the ESTATE OF JEREMY L. AYERS, : IN MORTGAGE FORECLOSURE Defendants TO: Stephani Ayers and Staci L. Hair as Date of Notice: Administrators for the Estate of Jeremy L. Ayers December 22, 2010 and their counsel Patricia Brown, Esquire IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association Lawyer Referal Service 111-117 Baltimore Street Gettysburg, PA 17325 Telephone: (717) 337-9846 MARTSON LAW OFFICES By: Christopher E. Rice, Esquire Attorney I.D. No. 90916 R. Christopher VanLandingham. Esquire Attorney I.D. No. 307424 Attorneys for Plaintiff As stated in the Complaint filed under this docket number, this is a debt collecting firm. 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" FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS OF UNION, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 2010 - 7208 CIVIL TERM STEPHANIE AYERS and STACI L. HAIR, : as Administrators for the ESTATE OF JEREMY L. AYERS, : IN MORTGAGE FORECLOSURE Defendants 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 Stephanie Ayers, 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: 224 B Street, Carlisle, Pennsylvania 17013. Said Defendant's place of employment is unknown. Christopher E. Rice, Esquire Sworn to and subscribed before me this day of January, 2011. COMMONWEALTH OF PENNSYLVANIA Notaft Seal Mary M. PeM Notary Public CaAiaie eoro, Qxnberland County No ublic My C nffftgon l:ow Aug. 18.2011 Member, Pennsywvenis Asaaoledon Of NOUMS 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" FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS OF UNION, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 2010 - 7208 CIVIL TERM STEPHANIE AYERS and STACI L. HAIR, : as Administrators for the ESTATE OF JEREMY L. AYERS, : IN MORTGAGE FORECLOSURE Defendants 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 Staci L. Hair, 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: 169 E. North Street, Carlisle Pennsylvania 17013. Said Defendant's place of employment is unknown. Christopher E. Rice, Esquire Sworn to and subscribed before me this _J& day of January, 2011. No ublic COMMONWEALTH OF PENNSYLVANIA Notarial Seel Mary M PriM MAxy Public CNN* Boro, GxnbwjwW County My Ow nlasion E)OM Aug. 18,2D1 I Mombe, Pmmytyanls A wel.aon of Notaries 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 - 7208 CIVIL TERM STEPHANIE AYERS and STACI L. HAIR, : as Administrators for the ESTATE OF JEREMY L. AYERS, : IN MORTGAGE FORECLOSURE 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 the Defendants were given to them by mail on December 22, 2010. cU 4'4s x-- Christopher E. Rice, Esquire Sworn to and subscribed before me this day of January, 2011. q,H C4)MM0r vw,m-T + of PENNsn.VAN1A N ublic mmyM,? r wy PUNC Ca "e B=, Cw w and C My Corrrr Ww EV'es Aug1 Mwobw, PONOYNsnle AssoCMNlw? at Nm"" 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: Patricia R. Brown, Esquire SALZMANN HUGHS, P.C. 354 Alexander Spring Road, Suite 1 Carlisle, PA 17015 MARTSON LAW OFFICES , By hjdW (0 - 2 C' ? ?4 M . Price 10 Eat High Street Carlisle, PA 17013 Dated: A/// 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.