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HomeMy WebLinkAbout11-4890 F \Clients\11470 Memberslst\FILES\Current\142 Dravk\1 1470.142 complaint pd Christopher E. Rice, Esquire Attorney I.D. No. 90916 R. Christopher VanLandingham, Esquire N Attorney I.D. No. 307424 ?-K = : -_ MARTSON DEARDORFF WILLIAMS O TTO GILROY & FALLER , C- =-n - MARTSON LAW OFFICES r --;M 10 East High Street Carlisle, PA 17013 z -? (717) 243-3341 : <,? 3 Attorneys for Plaintiff # MEMBERS 1 ST FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS OF UNION, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. FRANCIS E. DRAVK, SR. Defendant : NO. 2011 -4M CIVIL TERM : 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 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 (717) 249-3166 S *Ra.Co Pups AR q09 / Q.4 o7( agll' 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. FAClients\11470 Memberslst\FILES\Current\142 Dravk\11470.142.complaint.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 MEMBERS 1 ST FEDERAL CREDIT UNION, Plaintiff V. FRANCIS E. DRAVK, SR. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2011 - CIVIL TERM : IN MORTGAGE FORECLOSURE 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. Defendant, Francis E. Dravk, Sr. ("Defendant"), is an adult individual residing at 404 High Street, Summerdale, Cumberland County, Pennsylvania 17093. 3. Defendant is the owner of the real property located at 404 High Street, Summerdale, Cumberland County, Pennsylvania 17093 ("Real Property"), as set forth in the Recorder of Deeds Office of Cumberland County, Book 36, Page 609, which is subject to the Mortgage described below. 4. It is believed and, therefore averred, that Defendant's wife, Nancy L. Dravk a/k/a Linda Dravk ("Decedent"), passed away on June 28, 2006, thereby vesting title solely in the name of Defendant. 5. On April 29, 2008, Defendant executed a Promissory Note (the "Note") with Plaintiff in the amount of $42,000.00. 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, Defendant and Decedent, 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." 7. The Mortgage has not been assigned. 8. Defendant has defaulted under the Note and has failed to cure his default. 9. Plaintiff has made demand for payment of all sums due and owing thereunder, but payment has been refused. 10. The total sum due and owing from Defendant under the Note, as of May 12, 2011, is itemized as follows: Principal: $36,544.24 Late Fees: $0.00 Interest as of May 12, 2011: $409.93 Court Costs and Fees (estimated): $500.00* Attorney Fees (estimated): $3,654.42 Total as of May 12, 2011: $41,108.59 Plus interest accruing at $7.94 per day from May 12, 2011, until paid in full. *To be determined by the Cumberland County Sheriff. 11. Defendant is in breach of the Note and Plaintiff has incurred damages as a result. 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 notice of intention to foreclose mortgage and of the mortgage assistance program dated March 24, 2011, to Defendant by certified mail, return receipt requested. WHEREFORE, Plaintiff demands judgment against Defendant under the Note in the amount of $41,108.59, plus interest from May 12, 2011, at the rate of $7.94 per day until the debt is paid in full, attorney fees, costs of suit, and any other relief this Court deems appropriate. MARTSON LAW OFFICES By: 0 rA 5 /?-, 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: 0 tall, / b , 2011 Attorneys for Plaintiff THIS IS A DEBT COLLECTING FIRM ATTEMPTING TO COLLECT A DEBT FOR MEMBERS 1ST FEDERAL CREDIT UNION. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. EXHIBIT "A" 5000 Lades Odus, P.O. BON 40 Medsrdcsbwp, PA 17055 ANNUAL PERCENTAGE FINANCE CHARGE: Amount Rnsnoed: TM emeurd0l TOMI of Poynbnts: The rIwINM RATE: The costd Yowaedl ss a Trio dollar amour. !Ie aedl vA cmdo Pravse6 b you a an your yauwM no" pod s1Yr you here ynM rss. ' alp you, boot made all psymeNs as eoneduYd. 7.94 % $ 19.630.17 $ 42.000.00 S 67.422.92 varlebb theta: N yerloom IIr • vei0se role as MIrINd abet 1b AewrN Peleellage Rw nne Monty dudrq 1rr ten d Sae YelnoBrI Be 0ede1d drpea Tin aer lnbn wsarenw9M of rSr Maavetr.The nib vY airlM rwrrOyen er e7l ry a led nmeo. The fee VA mwt to hlrrr NON 9y nrxMen cosirwO by YexrbMwulor lS.000M 19N IxrM M ssi ? lM sr a r ? ? m t e, v Amen NreeiYpx PAN ud by 2 vis pint. on mm w rxN % VXW MOw by Y a Mon h aplW yorlow 'Ohm: M. M bMn b • ryyrsM pwp ?eplKoled pEgy?EwNrf SMAM ? RME iw tin YM N ? de boom ? p M ? ?x n yg op aMrxrk oiy to N rraryrwd o NANerd hrM M yrrisrr+nl to eer9re eedewabaaeymule Y sudl a raa, b eebN N M ble0en yxu M Mrd A brwdyorbr uM se r Fur amkv^ ff"w AindNPmj m Mw&AVsd Ras M loo . r • Ss mokwe b60 NrrMO and you rase ow alderlde pxpre.l w ? fag VA tern b l& W%. rsuilrN M l adAwel peynrN, Vmd*pbweYbRW N?NrMbnd teeR?s. NN fyylop1?uwrkenb ewwMbM ablloome and youquasMeysbr apeMe' mb.ywyredmaadd&cwwwddlrbioaUe Nm Mlrow let. This AMMM RATE VA VISM my PBIZrAOE PAM [ 1122% 61 ab 00 ou tuba 1004 MINd ekeMN68L?1LFERCENT TE 11M NNMi Y r I ANN # NT M M . w yra a y 0 U L E A PATE VA Mom vary @=p an to M bdr, a dadredb ar 1AtdrY now pravYlom Seem Fined Mla Prahrred LOW&M N yw I0e1 b0 Bra ns wn eed yeu quilt Y s snYNed nn. yar ANNUAL PERCENTAGE RATE wt be be araanea AMLIAL FERCENTAOE RATE andseedeber le r n ekYe wednIm a 0 .. NuxvlW a Paydrnb Axbrl a hyreeu P%-W ?bgrney Whan Nyrexb AA Sue Y ° f?on 90?y01gl? Y au to =61=gm the 9 If O 11 th i b s ft yy P e q 119 SM53 MM* - Boo-mg 0600112008 ? U Y e nusnpe on 9M ?m 1 5390.89 FIA91 Due.On 0500112016 S NIA ..wrYy rr8 geese aM Y04 You m *A M arexy Islas In MMVju w? 1o..?eyc yqr drew an/gr apy/B M M eael enba, a1rd: ? MORTGAGE Lan C?Aar??e:: N erywr? Is w by 10 arnew yr red ee eMOrB.i a re krral bx dyer ppnw4 RequbN OepeNl eNanr: TM Anus PueomeBO Rob an Final Fen: $?MxO larnrre: rrl tab Mb I @ yer.wA, d ditmM McMr. rent'. .e. a /M ane re M n AMOUNT FINANCED S 42,000.00 Amount Pahl to ann on your beha8 (Daaalbe) ! To $ To AMOUNT GIVEN TO YOU DIRECTLY $ 9.400.06 ! T O ! To O i To ! TO 9 To i To i To AMOUNT PAID ON YOUR ACCOUNT S 72.599.94 6 TO 8 To TO S To S To S To S To S To PREPAID FINANCE CHARGE = 0.00 ! To To I"@ ! To ow **mm To Ambd ' 9ECURWINF(MATION MANE MOD E YEAR I.D. NUMBER TYPE VALUE OTHER (Descrlbek 404 HIGH STREET SUMMERDAUE PA 17097 YOU AYOIINr AOCOtMT NUMBER A arldla Dspa!1 d i is • nreree erp M the ben err aaarNy elreomrn ens d0desr0 Wlnrq. Ceaynir. N yaw A adlelB r0>O?Ilar. Yr ed0eelaap nNalylellM salsa M wegx? ..___ _ geNeYlOe om pye Z BDRRGWIM S1 NATUM DATE El COAWR G--MM ME DATE (SEAL) taw E3 CO- MAKER ? 'OTHER OWNER ? "004101lIER DATE [3 C04AANER ?'OTHMOVWMp -COaNMR DATE L(SEAL) O cO-MANd1 'OTHER OWNER ? -cO.NONER (BEAU ? CO.MANER p OTHER O9MER p -MMONER DATE X (SEAL) roar 00+.10 rx•.r.wrr•w.?r.rre.r..,rwrr.rlrr.+..rwr.rrrrr. r,air?r?.w,,.rw•r,r,rr.?ee?.?w rrelawrrr •+erb..Irr rr.r.rur•rra.array 4rxM'CeaeraR rr.,ax.er.a.wr.+r•.y.r Yrr,r pwr r.r w.r.rri.r rwir.?i.•yw errr,rwnw•er,e.rrra,ra.w wrer•rrbreYMra btN r r,° I1p1 m x ur xwrowr norm pay On oed4 yaH 0000 nave b. 9e 042.1 you can iron) to M b. srN71 ie1 yrNl wwM a?OaspU Ida ML_Mrupa m b pep up b hi amoud a the derbarowr don not pay. You may alw haws to pay low lees at OdWft coW whth Maasr 901 am called ppp?Oaht boom You rad9?awul IbN b m6r! Ism Iha balowr . The aedlbr pHl un as lama ooiaclblH nstllotl? apNnl ypu Osl rlmleer Os mniraia ilidt?ma- Hn.Ir' NR IT 6tY debt Is ever M aefaull 91N Mal met' beooma a parr aTyax trail P"s 10(2 1LOAN M7MW NUMBOI O.TC OF LOAN FRANCES E DRAM( 9R 267230 226251 02 04r26/2m IN T !E IAd !FAIN, .Mil WORDS 'CREDIT UNON' MEANS MEMBERS 1!T FEDERAL CREOR IMGII. TMN M/ORO6 YW: 'TgW AND NOUR6' MEAN THOSE LOAN AGREEMENT nwm: wrl m 0 rn post am BRy • prrduns saonfrd w.-M mwdaxlada in addition In E oxa? = ?01 Mda dxunaRLYDD afF66 b PBY a We tlfapx Propeltir fflywr comma bah raaaad bF • solw wile ar lnwrFO166 Mtia6 uNarBf 61 6r wadt LOOP w d aM ? MCI "ww"n Porn Orw sect go rx p a d Mr ra w?bn . eop7 d I d dr b y?yoqlfa RasllpRalMNly. Y pmxdFt,6l?Silal to of "!low x d E y rw bb bYau L. H01m wNOx b ? a to fTadl sW1/fq, or r aopal#Y.. rtiplx IS LI IIhhs bbww gppbfff a WdrMai in your_awNnuetitr Ift b 6atrR 61s fOalabli #Ian Ern ? Mnt C??Unan m a?aL??? DnBEyannrtifwd 6w v.dp wp'nwY IIaN n= uom wo t1Wh. wed tl?iobl ?tmpB• d 16r x be anl6nM ?r d labn mom hay6 tworom yqu 6p 10 Oom rdIaM a s?iauly na6f1 a you m ?Ib on tiW aplaeweM. SECURITVAGREEMENT 1. o 2 '1 to P rN +n/MYf RA E ? ftNir•c .. w...Nr ::tea 'frrN•. riw« no M.x •rla.xF C w7g. iMll W w'wIN.»wIY m aw • WsBSI q 1rr?? rr. •• ar •w iM??orre I?ir y 2 M?MM wrr•?wMwY•n ai1M•Nlax•x•Ar F•mMr•IuAw yai nrw 2. Vi?•NM rrie MaNY?wl a!? •?o•AAr Mlrwu ? .YmpaNNrw?e•s•wr?•rrsII••pw?d?,?a M ?^?••?^ • ?ay ?d P.Pwy p•wl"•0•...M?Ca4.'wGl' rp1erlxr?i•W F awti ,•« r•?ax l??Qs•1•? MM q Mry brrNMM N•f ?rpp• McYptll?•p1?• b fb•r wsrn,••fr?P?rrNMNwr••Mw• a?w?q or a tlr iN•rrrMF?r?' np?rl• ow(??o•br M ?igw1• aw•n?y q????? Y?? slrl M Y•N r!M?o?!?rt?yw,,aN??MN??py01?IM?• IRS rows A rlrQ M IMTraVr??PrrrieN P 1. C.wY..rril.bZd sl SMrnN;YW pWpr.N yar•hrno .Id Ix Ow a.`i:Yli arr/w?arMr•x?b?? ?• r ?nx?rx of so Wr• On atNr xMlr rf d•Y•R xleiMAy arr4 dcellWBan rM M.warblr elloolwq'S be% MI ow w*M iwlon my Mxw, up to 2a% rf x. drNrllapMrt NMnrt Ne Nrx w npN M Mgmr r V*A ax "wrM RNNrWr1 A W `w MfMMw eh wry t>• VON N In W'1MMur1 Papa 2 of 2 s1002As ar wyawpa0W.., uMnaawni°1o?xnM ¦i rNM -Aftm IhMxf N M 4 are M rYraM n.yrBM• p IuO o nni of"w TMY scr 49,0 1 rot 0* Wnd• you. bM yaw asoub . owdrAmmim. EXHIBIT "B" I r, . 1? 1 Prepared By: Members 1 st FCU 5000 Louise Drive Mechanicsburg, PA 17055 ReturnTo: WHEN RECORDED RETURN TO: Equity Loan Services, Inc. 1100 Superior Ave., Ste. 200 Cleveland, OH 441 National Recording - FACT MORTGAGE Made 04/24/2008 J L??? I Between c FRANCIS DRAVK AND LINDA DRAVK deceased (hereinafter called "Mortgagor") And MEMBERS IST 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 $ 42,000.00 , 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 are specifically incorporated herein by reference; Now, Therefore, Mortgagor, in consideration of said debt or principal sum and as security 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 EAST PENNSBORO TOWNSHIP , Cumberland County, Pennsylvania SEE ATTACHED EXHIBIT "A" LINDA DRAVK'S DEATH TO BE KNOWN AS 6/28/06 which currently has the address of 404 HIGH ST [Street] SUMMERDALE Pennsylvania 17093 [City] [Zip Code] 25725602 Aoct No r"' -- ApplD Page 1 of 4 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 Mortgagee the aforesaid debt or principal sum, including additional loans or advances and all other sums payable 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 AppID 25725602 Page 2 of 4 (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 commission 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 App1D 25725602 Page 3 of 4 Witness the due execution hereof the day and year firs above written. /I NCIS DRAVK LINDA DRAVK deceased Commonwealth of Pennsylvania ss: County of C't1m'hPr1 and On this, the 2 4 th day of A r i 1 2008 , before me, Melissa the undersigned officer, personally appeared FRANCIS D AVK AND LINDA DRAVK deceased satisfactorily proven to me to be the person(s) whose 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: COMMONWEALTH OF PENNSYLVANIA Notarial Seal McNssa J. Greenwood. Notary Public East Permsooro up., cumbedand County My Co r0w-nn Expires May 16,2D1 I Certificate of Residence of Mortgagee Member, Pennsylvania Association of Notaries Members 1ST Federal Credit Union, Mortgagee within named, hereby certifies that its residence is 5000 Louise Drive, Mechanicsburg, PA 17055. &Cs? Acct No APPID 25725602 Page 4 of 4 EXHIBIT "A" LEGAL DESCRIPTION A PARCEL OF LAND SITUATED IN THE STATE OF PENNSYLVANIA, COUNTY OF CUMBERLAND, WITH A STREET LOCATION ADDRESS OF 404 HIGH ST; SUDt-fERDALE, PA 17093 CURRENTLY OWNED BY FRANCIS E. DRAVK SR HAVING A TAX IDENTIFICATION NUMBER OF 09-11-3005-059 AND BEING THE SAME PROPERTY MORE FULLY DESCRIBED IN BOOK/PAGE OR DOCUMENT NUMBER 36H-609 DATED 5/26/1993 AND FURTHER DESCRIBED AS LOT 19 PB 2 PG 109 RESIDENTIAL BUILDING. 09-11-3005-059 404 HIGH ST; SUMMERDALE, PA 17093 257256 37059584,. i?mmwA? ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 200814712 Recorded On 5/6/2008 At 10:08:27 AM * Instrument Type - MORTGAGE Invoice Number - 20218 User ID - AF * Mortgagor - DRAVK, FRANCIS * Mortgagee - MEMBERS 1ST FEDERAL CR UN * Customer - FIRST AMERICAN * FEES STATE WRIT TAX $0.50 STATE JCS/ACCESS TO $10.00 JUSTICE RECORDING FEES - $13.50 RECORDER OF DEEDS AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $40.50 * Total Pages - 6 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA cE c . 4 ° RECORDER O D EDS t?ao * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. 000p,z VERIFICATION I, Arlanda Dintaman, as an employee of Members V 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 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 1 ST FEDERAL CREDIT UNION By: Arlanda Dintaman SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor FILED-OFFICE OF THE PROTHONOTAR°I' 1011 JUL -8 AM 8: 15 CUMBERLAND COUNTY PENNSYLVANIA Members 1st FCU vs. Case Number Francis E. Dravk, Sr. 2011-4890 SHERIFF'S RETURN OF SERVICE 06/30/2011 05:06 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on June 30, 2011 at 1706 hours, he served a true.copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Francis E. Dravk, Sr., by making known unto himself personally, at 404 High Street, Summerdale, Cumberland County, Pennsylvania 17093 its contents and at the same time handing to him personally the said true and correct copy of the same. DENS FRY, DEPUTY/ SHERIFF COST: $44.44 July 01, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF .? Cou=s'ySuit? Shenfl. Tei?c T?fl. Irc. 11 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. FRANCIS E. DRAVK, SR. Defendant TO FRANCIS E. DRAVK, SR.: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2011 - 4890 CIVIL TERM IN MORTGAGE FORECLOSURE NOTICE OF ENTRY OF DEFAULT JUDGMENT You are hereby notified that on the day of f' ws , 2011, the following Judgment was entered against you in the above-captioned action: judgment in the amount of $41,108.59, plus interest from May 12, 2011, at the rate of $7.94 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: /, " O - . dwrl?gual Protho ary I hereby certify that the name and address of the proper person to receive this notice under Pa. R. Civ. P. 236 is: Francis E. Dravk, Sr. 404 High Street Summerdale, PA 17093 F:Thents\ 1 1470 Members I st\FILES\Current\ 142 Dravk\ 1 1470.142.pra. default.wpd Christopher E. Rice, Esquire 17 Attorney I.D. No. 90916 MCU _.,., R. Christopher VanLandingham, Esquire ''?i = Attorney I.D. No. 307424 a 0 rr y-: MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER tjo MARTSON LAW OFFICES t.. - 10 East High Street C - `' Carlisle, PA 17013 (717) 243-3341 ?.: Attorneys for Plaintiff MEMBERS 1 IT FEDERAL CREDIT UNION, Plaintiff V. FRANCIS E. DRAVK, SR. Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2011 - 4890 CIVIL TERM : IN MORTGAGE FORECLOSURE PRAECIPE Please enter default judgment in the above-captioned action in favor of Plaintiff and against Defendant Francis E. Dravk, Sr. in the amount of $41,108.59, plus interest from May 12, 2011, at the rate of $7.94 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 Francis E. Dravk, Sr. on July 27, 2011 which date is subsequent to the date default occurred and at least ten (10) days prior to the date of the Praecipe. Dated: MARTSON LAW OFFICES By: "? 5; n 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 `? ?`f • " t 0111 Attorneys for Plaintiff ?,?Y351 t Request for Military Status Department of Defense Manpower Data Center Military Status Report Pursuant to the Service Members Civil Relief Act Page 1 of 2 Aug-08-2011 14:01:52 Last Name First/Middle Begin Date Active Duty Status Active Duty End Date Service Agency DRAVK FRANCIS E Based on the information you have furnished, the DMDC does not possess any information indicating the individual status. Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the current status of the individual as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Service Members Civil Relief Act (50 USC App. §§ 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL http://xNti;Av.defenselink.mil/faq/pi,s,-P(`09SI,I)R.htinl. If you have evidence the person is on active duty and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. §521(c). If you obtain additional information about the person (e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects active duty status including date the individual was last on active duty, if it was within the preceding 367 days. For historical information, please contact the Service SCRA points-of- contact. https://www.dmdc.osd.mil/appj/scra/popreport.do 8/8/2011 Request for Military Status Page 2 of 2 More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d)(1) for a period of more than 30 consecutive days. In the case of a member of the National Guard, includes service under a call to active service authorized by the President or the Secretary of Defense for a period of more than 30 consecutive days under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy TARs, Marine Corps ARs and Coast Guard RPAs. Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps) for a period of more than 30 consecutive days. Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of SCRA extend beyond the last dates of active duty. Those who would rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected. WARNING: This certificate was provided based on a name and SSN provided by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID:VT6IPKIRG6 https://www.dmdc.osd.mil/appj/scra/popreport.do 8/8/2011 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, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 2011 - 4890 CIVIL TERM FRANCIS E. DRAVK, SR. Defendant IN MORTGAGE FORECLOSURE COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS 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 Francis E. Dravk, Sr. was given to him by mail on July 27, 2011. Chi ;z j Christopher E. Rice, Esquire Sworn to and subsc ibed before me this day of August, 2011. UIC11444) V7 No a ublic 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: Francis E. Dravk, Sr. 404 High Street Summerdale, PA 17093 MARTSON LAW OFFICES By M . Price 10 East High Street Carlisle, PA 17013 Dated: 511911, 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. F.Thents\I 1470 Members l st\F1LES\Currem\142 Dravk\I 1470.142.pra.exec.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 MEMBERS 1 ST FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS OF UNION, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 2011 - 4890 CIVIL TERM zrn acv c, vi-?, FRANCIS E. DRAVK, SR. IN MORTGAGE FORECLOSURE CO &-l Defendant nQ -- o y,c w c5= ci °?n PRAECIPE FOR WRIT OF EXECUTION UPON A DEFAULT JUDGMENT TO THE PROTHONOTARY: # 814.ooPo ATrY qq. yy CBF ga.0o I ?l. oo a.so , $17614 - lO ATty Please issue writ of execution upon a judgment entered by default in the above matter, (1) directed to the Sheriff of Cumberland County, Pennsylvania; (2) against Defendant Francis E. Dravk, Sr.; (3) and enter this writ in the judgment index against Defendant Francis E. Dravk, Sr.; as a lis pendens against real property in Cumberland County, Pennsylvania, owned by Francis E. Dravk, Sr., and located at 404 High Street, Summerdale, Cumberland County, Pennsylvania 17093 (a copy of the legal description is attached hereto); (4) Amount due $36,954.17 Interest from May 12, 2011, at $7.94 per day $ Attorneys' fees $3,654.42 Costs to be added $ ?a.ool?Cd 50 U * To be determined by the Sheriff of Cumberland County, Pennsylvania. e*ar??a 1 12E I,uri? ??3?t? (5) Please attach the Affidavit Pursuant to Rule 3129.1 that Plaintiff prepared and is being filed simultaneously with this Praecipe. Certification I certify that: (a) This Praecipe is based upon a judgment entered by default, and (b) Notice will be served at least thirty days prior to the date of the sheriff's sale of real property pursuant to Rule 3129.2. MARTSON LAW OFFICES By: (2Z S. IZ- Christopher E. Rice, Esquire Attorney I.D. 90916 R. Christopher VanLandingham, Esquire Attorney I.D. 302424 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 for Members 1st Federal Credit Union. Any information obtained will be used for that purpose. DOCKET NO. 2011-4890 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the northern line of High Street 100 feet west of the northwest corner of Fourth and High Streets; thence northwardly along the western line of Lot No. 18, Section C on the hereinafter mentioned plan of lots 150 feet to the southern line of a 12 feet wide alley; thence westwardly along the southern line of said 12 feet wide alley 50 feet to the eastern line of Lot No. 20, Section C on the hereinafter mentioned plan of lots; thence southwardly along the western line of Lot No. 20, Section C 150 feet to the northern line of High Street; thence eastwardly along the northern line of High Street 50 feet to a point, the place of BEGINNING. HAVING thereon erected a single frame bungalow. BEING Lot No. 19, Section C on the revised plan of lots of Summerdale, Pennsylvania, as recorded in Plan Book 2, Page 109, Cumberland County records. F:\Clients\11470 Members I stTILES\Current\142 Dravk\11470.142.pra.exec.wpd {7 C hi c3 C:? T1 Christopher E. Rice, Esquire 'o3 = '-+ Attorney I.D. No. 90916 = rrn R. Christopher VanLandingham, Esquire ,rTi Attorney I.D. No. 307424 C D MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER ? MARTSON LAW OFFICES ?c i 10 East High Street 5:c: w Carlisle, PA 17013 < N " (717) 243-3341 Attorneys for Plaintiff MEMBERS 1 ST FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS OF UNION, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. FRANCIS E. DRAVK, SR. Defendant NO. 2011 - 4890 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 Writ of Execution Upon a Default Judgment was filed the following information concerning the real property located at 404 High Street, Summerdale, Pennsylvania 17093 (see legal description attached hereto): 1. Name and address of owners: Francis E. Dravk 404 High Street Summerdale, PA 17093 2. Names and addresses of Defendants in the judgment: Francis E. Dravk 404 High Street Summerdale, PA 17093 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: East Pennsboro Township 98 South Enola Drive Enola, PA 17025 4. Name and address of the last recorded holder of every mortgage of record: None. 5. Name and address of every other person who has any record lien on the property: None. 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 or whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: None. I verify the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand false statements herein are made subject to the penalties of 18 Pa. C.S. § 4909 relating to unsworn falsification to authorities. MARTSON LAW OFFICES By ( r1 S . V?' Christopher E. Rice, Esquire Attorney I.D. 90916 R. Christopher VanLandingham, Esquire Attorney I.D. 302424 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: Attorneys for Plaintiff F \Clientsl l 1470 Members 1 st\FILES\Current\ 142 Dravk\ 11470.142, not l .wpd Christopher E. Rice, Esquire N n n -' Attorney I.D. No. 90916 C 3 t ? = --+ R. Christopher VanLandingham, Esquire =rn = m Attorney I.D. No. 307424 ? o MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER CO ti MARTSON LAW OFFICES c:) x-n 10 East High Street ' Carlisle, PA 17013 i7= (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. 2011 - 4890 CIVIL TERM FRANCIS E. DRAVK, SR. IN MORTGAGE FORECLOSURE Defendant NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE that the Sheriff's Sale of Real Property (Real Estate) will be held on December 7, 2011, by the Cumberland County Sheriff's Office, at the Cumberland County Courthouse, located at One Courthouse Square, Carlisle, PA 17013, at 10:00 a.m., 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). THE LOCATION of the property to be sold is 404 High Street, Summerdale, PA 17093. THE JUDGMENT under or pursuant to which the property is being sold is docketed to: Members 1" Federal Credit Union v. Francis E. Dravk, Sr., No. 2011-4890, Court of Common Pleas, Cumberland County. THE NAME OF THE OWNER OR REPUTED OWNER OF THE PROPERTY IS Francis E. Dravk, Sr., 404 High Street, Summerdale, PA 17093. A SCHEDULE OF DISTRIBUTION, being listed of the persons and/or government or .V 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, One Courthouse Square, 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: (2z S _ Christopher E. Rice, Esquire I.D. 90916 R. Christopher VanLandingham, Esquire I.D. 307424 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 for Members 13`. Any information obtained will be used for that purpose. DOCKET NO. 2011-4890 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the northern line of High Street 100 feet west of the northwest corner of Fourth and High Streets; thence northwardly along the western line of Lot No. 18, Section C on the hereinafter mentioned plan of lots 150 feet to the southern line of a 12 feet wide alley; thence westwardly along the southern line of said 12 feet wide alley 50 feet to the eastern line of Lot No. 20, Section C on the hereinafter mentioned plan of lots; thence southwardly along the western line of Lot No. 20, Section C 150 feet to the northern line of High Street; thence eastwardly along the northern line of High Street 50 feet to a point, the place of BEGINNING. HAVING thereon erected a single frame bungalow. BEING Lot No. 19, Section C on the revised plan of lots of Summerdale, Pennsylvania, as recorded in Plan Book 2, Page 109, Cumberland County records. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 11-4890 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MEMBERS 2ST FEDERAL CREDIT UNION, Plaintiff (s) From FRANCIS E. DRAVK, SR (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: $36,954.17 L.L.: $.50 Interest from 5/12/11 @ $7.94 per day -- TO BE DETERMINED Atty's Comm: % $3,654.42 Due Prothy: $2.00 Atty Paid: $176.94 Other Costs: Plaintiff Paid: Date: 8/18/11 (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 David D. Buell, Prothonotary B: Deputy TRUE COPY FROM RECORD In TestimoW who I hwe unto set my hand and the no of "M Aat Crfisle, Pa. This flay of 20 41 _ ?, Protlronotaq Iflw CP'l?111, to tu F.\FfLES\Cliems\11470 Members I st\FILES\Currem\ 142 Dravk\l 1470.142.affidavit 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 FILED-OFFICE OF THE PROTHONOTAR'I' 2011 AUG 30 AM 11: 42 & FALLER CUMBERLAND COUNT` PENNSYLVANIA MEMBERS 1 ST FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS OF UNION, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 2011 - 4890 CIVIL TERM FRANCIS E. DRAVK, SR. IN MORTGAGE FORECLOSURE Defendant AFFIDAVIT I, R. Christopher VanLandingham, counsel for Plaintiff in the above action, hereby certify that Notice of Sheriff's Sale of 404 High Street, Summerdale, Cumberland County, Pennsylvania 17093, 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: East Pennsboro Township 98 Enola Drive Enola, PA 17025 There is attached hereto as Exhibit "A" a Certificate of Mailing, U.S. Postal Service Form 3817, confirming mailing to such entity and individual. MARTSON LAW OFFICES By: R. Christopher VanLandingham, Esquire Sworn to and subscribed before me OOMMOyyL MMsyLwwv? this JO&day of autgt , 2011. Now-Al Seel PubNt Mary M. Price, Notary awoo Bov% QraboWA Cw* X015 cmvrjwoa !% A 03 No ublic MEMBER, WMMA'r" jM-MTM N°lrAR U.S. POSTAL SERVICE CERTIFICATE OF MAILING Received From: 1 i • 01 MARTSON LAW t*1XV` F r 10 East High S"-`- Carlisle, One piece of ordinary mail addr„pdo ??° t •j ?:??irH East Pennsboro 'To 98 Enola Drive Enola, PA 17025 , MAY 8E USED FOR DOMESTIC AND INTERNATIONAL MAIL Dl , FORINBURANCE -POSTMASTER PS FORM Y} MAY 1970 3617 GPI 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: Mr. Francis E. Dravk, Sr. 404 High Street Summerdale, PA 17093 MARTSON LAW OFFICES By: M Price Dated: F/" D/// THIS IS A DEBT COLLECTING FIRM ATTEMPTING TO COLLECT A DEBT FOR MEMBERS 1 ST FEDERAL CREDIT UNION. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.