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Home My WebLink About12-5250 - _ _ _ C) n~ Christopher E. Rice, Esquire ~ -u ~ _ Attorney LD. No. 90916 rr, R. Christopher VanLandingham, Esquire G~~i r ;~~-=T Attorney LD. No. 307424 -c=~-° -~'~~-1~''' N c.~ MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER ~ MARTSON LAW OFFICES ~ ~ ` .ter;; c..> 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, PENNSYLVANI Plaintiff v. : NO. 12 - ~,2~ CIVIL TERM THOMAS E. WEBER, Defendant : IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in he following pages, you must take action within twenty (20) days after this Complaint and Notice e served, by entering a written appeazance personally or by attorney and filing in writing with the co rt your defenses or objections to the claims set forth against you. You are warned that if you fail to 0 so, the case may proceed without you and a judgment may be entered against you by the co without further notice for any money claimed in the Complaint or for any other claim or rel of 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 N T HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. T IS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE O PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEG L 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, Pennsylvania 17013 v Telephone (717) 249-3166 ~ X03 • `7..s~ ~~`~6o~a _ _ T . 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 th note will be assumed to be valid by the Creditor's law firm, unless the Debtor(s), withi thirty (30) days after receipt of this notice, disputes the validity of the debt or some portion thereof. r 4. If the Debtor(s) notifies the Creditor's law firm within thirty (30) 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(s) 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(s) makes a 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 mailed to the Debtor(s) by the Creditor's law firm. 6. Requests can be made to: MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER Attn: Christopher E. Rice, Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 * THIS DOCUMENT MAY BE CONSTRUED AS AN ATTEMPT TO COLLECT DEBT FOR THE PLAINTIFF AND ANY INFORMATION OBTAINED WILL USED FOR THAT PURPOSE. _ _ _ _ T_ _ ~ _ F:\F[LES\Clients\11470 MemberslstU 1470 Current\11470.211 Weber111470.21 Lcomp 'I Christopher E. Rice, Esquire Attorney LD. 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, PENNSYLVANI Plaintiff v. NO. 12 - CIVIL TERM THOMAS E. WEBER, . Defendant : IN MORTGAGE FORECLOSURE COMPLAINT AND NOW, comes the Plaintiff, MEMBERS 1st FEDERAL CREDIT UNION, by d through its attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, d files this Complaint in Mortgage Foreclosure upon the following: 1. Plaintiff, Members 1st Federal Credit Union ("Plaintiff'), is a federally charte d credit union located at 5000 Louise Drive, Mechanicsburg, Pennsylvania 17055. 2. Defendant, Thomas E. Weber ("Defendant"), is an adult individual residing at 25 1 Pheasant Drive, Grantham, Pennsylvania. 3. Defendant is the owner of the real property located at 2531 Pheasant Dri e, Grantham, Pennsylvania ("Real Property"), and more fully described in a certain deed recorded in the Recorder of Deeds Office of Cumberland County, Book 264, Page 236, which is subject tot e Mortgage described below. I T I 4. On or about December 10, 2005, Defendant executed a Promissory Note (the "Not with Plaintiff in the amount of $62,491.61. A true and correct copy of the original Note is attac ed hereto as Exhibit "A" and is incorporated herein by reference. 5. As security for the performance of his obligations under the Note, Defendant, as Mortgagor, made, executed and delivered to Plaintiff, as Mortgagee, a mortgage upon the R al Property (the "Mortgage"). A true and correct copy of the Mortgage containing a complete le al description of the Real Property is attached hereto and incorporated as Exhibit "B." 6. The Mortgage has not been assigned. 7. Defendant is the owner of the Real Property, and Plaintiff knows of no other pers ns holding an ownership interest in the Real Property. 8. Plaintiff has made demand for payment of all sums due and owing thereunder, ut payment has been refused. 9. Plaintiff provided Defendant with notice of the period in which Defendant's def It may be cured, but Defendant has failed to cure his default. 10. As authorized under the Mortgage, the loan obligation to Plaintiff from Defend t has been accelerated. 11. The total sum due and owing from Defendant under the Note, as of August 3, 20 2, is itemized as follows: Principal: $43,638.76 Late Fees: $ 81.39 Interest as of August 3, 2012: $ 1,024.04 Court Costs and Fees (estimated): $ 500.00* Attorney Fees: $ 4,360.00 Total as of August 3, 2012: $49,604.19 Plus interest accruing at $7.69 per day from August 3, 2012, until paid in f 11. *To be determined by the Cumberland County Sheriff. 12. Plaintiff specifically reserves the right to increase the Court Costs and Fees, d Attorney Fees listed above should additional services be requested and/or costs/charges/fees e incurred as a result of the collection of the money owed and foreclosure of the Real Property. i 13. Pursuant to the notice provision of Act 6, 41 P.S. § 403, Plaintiff sent notic of intention to foreclose mortgage and of the mortgage assistance program dated June 19, 2012 to Defendant by certified mail, return receipt requested. WHEREFORE, Plaintiff demands judgment against Defendant under the Note in he amount of $49,604.19, plus interest from August 3, 2012, at the rate of $7.69 per day until the d bt is paid in full. MARTSON LAW OFFICES Christopher E. Rice, Esquire I.D. No. 90916 R. Christopher VanLandingham, Esquire LD. No. 307424 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Date: g ~ 2 ~ , 2012 Attorneys for Plaintiff This is a debt collecting firm attempting to collect a debt for Members 19' Federal Credi Union. Any information received will be used for that purpose. - _ _ _ ~ EXHIBIT "A" - 1 ~ ~ ~ ~ , ~ _ ~ ~ ~ u r r ~ R ~w r p _ ~ ~ ~ ~ ~ ; ~ ~ ~ ~ t ~Q . ~ ~ ~ ~ i x ~ ? ~j a o ~ ~ ~fg ~ ~ ~ + ~ M ~i f ® ~ ~ a. ~ o o t ~ D ~ ~ ~ ~ ~ ~ ~ ~ 'j . ~ M ~ ~ i R • ? ~ 0 ~ ~ ~ ~ ~ ~ ~ ®o ~ 7~70~ ~ • • ~ ~ . ~i ~ ~ ~ i t ~ I ~ ~ ~ ~ ~ s~ ~ ~ ~ ~ i t s ~ ~pa ~ a ~ i r~ ~ ~ ~s ~ ~s ~s i~~ s~ ~ ~ ~ ~ ~ s s!~ ~ ~ ~ ~ ~ a ~ ~ ~ ! ~ ~ ~ ~ _ ~ s ~ ~r~ ~ s~ ~ ~ ~ ~ ~ i ~D a ~ a S ~ ~ ~ ~ ~ I i EXHIBIT "B" T jJ f -t Prepared By: Members 1st FCU ~ ~ 5000 Louise Drive . i~ ~ , ; . ; ~ , , : - Mechanicsburg, PA 17055 ' ' ; ; ; , ; ' II • wh«t rr~corded mail to: 10CF J9N 5 A~1 ~ 1 33 ~I FIRST AMERICAN TITLE INSURANCE 1228 EUCLID AVENUE, SUITE 400 CLEVELAND, OHIO 4411 S ATTN: FTI120 pp~ ~/a3oall oo~l MORTGAGE Made 1Z/10/2005 Between THOMAS EUGENE WEBER erorna ortgagor And MEMBERS 1~ FEDERAL CREDIT UNION (hereinafter called "Mortgagee") J~ W6ereu, Mortgagor has executed and delivered to Mortgagee a certain Mortgage Note (hereinafter called the "Note'? of oven date herewith, payable to the order of Mortgage in the princi~l wm of S 62 491.61 T lawful money of the United States of America, and has provided therein for paym~ an~d'itto~'moneys loaned or advancxd 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, AU that certain property of the Mortgagor located in UPPER ALLEN TOWNSHIP Cumberland ounty, Pennsylvania SEE EXHIBIT "A" PARCEL NO. 42302110041 which currently has the address of 2531 PHEASANT DRIVE [Street] GRANTHAM ,Pennsylvania 17027 [City] [Zip Codej n«~ ~ 40417-02 n~~n 132635 P ~ or a age ~~1935~G~130 i Together with the buildings and improvements erected thereon, the appurtenances thereunto belonging and the reversions, remainders, rents, issues and profits thereof. To Have sod 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 Mortg~or 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 agreeme~rts hereinafter set forth, then this Mortgage and the estate hereby granted and conveyed shall become void. This Mortga=e is executed and delivered subject to the following covenants, conditions and agreements: (1) The Nora 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, whin and as the same shall become due and payable, all texas, assessmerrts, sewer and. water rents, and all other charges and claims assessed or levied fran 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 ail ground rants reserved from the mortgaged premises and pay and discharge all mechanics' liens which may be filed against said pramisea and whtch 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 heroaRer becaning payable on the Note evidencing the debt secured hereby, (d) provide, renew and keep alive by paying the nes;essary 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 claws 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 a!l 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 improvemerrts 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 Wo 40417-02 AppID 132635 Pape 2 of 4 ~I(i 9 3 ~ PG ~ 13 i (4) In the event Mortgagor neglects or refuses to pay the charges mentioned at (2) above, or fails to maintain the buildings and improvemerrts 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 performanx 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 advancxa and all other sums paid by Mortgagee pursuant to the terms of the Note ~ this Mortgage, together with unpaid interest thereon, shall at the option of Mortgagee and without notice become immediately due and payable, and foneclosuro proceodings may be brought forthwith on this Mo~ge and prosecuted to jadgmerst, execution and sale for the collection of the same, together with costs of suit and an attorney's commission for collection of five perc~t (596) of the total indebtadneas or 5200, 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 arty property that now is or hereafter may be exempted by law. (7) Upon paymerst of all sums secured by this Mortgage, this Mortgage and the estate. conveyed shall terminate and become void. After such occurrence, Mortgagee shall discfiarge and satisfy this Mortgage. Mortgagor shall pay arty 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 agrxments corstained in this Mortgage shall bind, and the benefits shall inure to, the respective parties hereto and their respective heirs, executors, administrators, sucx;ea4ors and assigns, and if this Mortgage is executed by more than one party, the undertakings and liability of each shall be joint and several. nxi ~ 40417-02 Assn ] 32635 Page 3 of 4 SKI 93~ PG3 132 - Witness the due execution hereof the day and year first above written. l `THOMAS EUGENE WEBER Commonwealth of Pennsylvania ~ ss: County of CUMBERl;BND ) On this the 10TH ~y o f pECEMBER 2005 , before me, BEVERL~i K~ttIRGAN the un ecsigne o cer, personally appeared satisfactorily proven to me to a parse s w ose nam s i are su to w~ m ortgage, and acknowledged that he/she executed the same for the purpnses therein contained. Ia Witness Whereof, I hereunto set my hand and official seal. My commission expires: EAUIi OF SYLVANiA NdstW llppsrAMan P~blc Certificate of Residence of Mortr'aQee ~ ~nleNOa ~ ~ Msmbr?, Panntyivanla /lseoo tlon of Nolsrlras Members 1~' Federal Credit Union, Mortgagee within named, hereby certifies that its residence is 5000 Louise Drive, Mechanicsburg, PA 17055. ~ ay ~,LI~~~S~~ Acct No 40417-02 AppID 132635 Page 4014 BK1~3~P~~~33 EXHIBIT A All that certain property situated in the Township of Upper Allen, in the County of Cumberland, Commonwealth of Pennsylvania and being described as follows: 42302110041. Being more fully described in a deed dated July 06, 2004 and recorded July 08, 2004, among the land records of the County and State set forth above, in Deed Volume 264 and Page 236. Permanent Parcel Number: 42302110041 THOMAS EUGENE WEBER, A SINGLE MAN 2531 PHEASANT DRIVE, GRANTHAM PA 17027 Loan Reference Number 132635 First American Order No: 8525034 Identifier: FIRST AMERICAN LENDERS ADVANTAGE ~~I II~l~11~ g - _ , , FIRST -Af7ERICAN LENDERS VANTAGE MWRTGAGE NIIHNI ~ ~1~111MIN1lNI IN R ~ i l~ ~ ~ Certify this to be recorded !n Cumberland County PA 1;::...' ~ ~ ::~......~,yl: Re~arder of Deeds B~{193~('G~134 r VERIFICATION I, td ~~~~as an employee of Members 1 st Federal Credit Union, acknowle ge I have the authority to execute this Verification on behalf of Members ls` Federal Credit Union nd certify that the foregoing Complaint in Mortgage Foreclosure is based upon information which as been gathered by my counsel in the preparation of the lawsuit. The language of this document is t at of counsel and not my own. I have read the document and to the extent the Complaint is based u on information which I have given to my counsel, it is true and correct to the best of my knowled e, information and belief. To the extent the content of the Complaint is that of counsel, I have rel ed upon counsel in making this Verification. This statement and Verification are made subject to the penalties of 18 Pa. C.S. § 4 04 relating to unsworn falsification to authorities, which provides that if I knowingly make f lse averments, I may be subject to criminal penalties. MEMBERS 1ST FEDERAL CREDIT UNION B~ ~ F:\FILES\Clien[s\I 1470 Memberslst\I 1470 Current\I 1470.211 WeberU 1470.21 Lcomp _ _ _ r Christopher E. Rice, Esquire ~I Attorney LD. No. 90916 R. Christopher VanLandingham, Esquire Attorney I.D. No. 307424 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER ~ MARTSON LAW OFFICES ~.9 10 East High Street ~ = Carlisle, PA 17013 "'r (717) 243-3341 r=c""-,: Attorneys for Plaintiff ~ MEMBERS 1sT FEDERAL CREDIT : IN THE COURT OF COMMON PLUS : ; UNION, :CUMBERLAND COUNTY, PENNSYLVANI Plaintiff v. NO. 12- <<j'Z~fl CIVIL TERM THOMAS E. WEBER, Defendant : IN MORTGAGE FORECLOSURE NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. Ifyou own and live in the residential property which is the subject of this foreclosure action, ou may be able to participate in acourt-supervised conciliation conference in an effort to resolve this ma er with your lender. Ifyou do not have a lawyer, you must take the following steps to be eligible for a conciliat on conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Le al Services at (717) 243-9400 extension 2510 or (800) 822-5288 extension 2510 and request appointmen of a legal representative at no charge to you. Once you have been appointed a legal representative, you m st promptly meet with that legal representative within twenty (20) days of the appointment date. During t at meeting, you must provide the legal representative with all requested financial information so that a 1 an resolution proposal can be prepared on your behalf. Ifyou and your legal representative complete a finan ial worksheet in the format attached hereto, the legal representative will prepare and file a Request or Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of he service upon you of the foreclosure complaint. Ifyou do so and a conciliation conference is scheduled, ou will have an opportunity to meet with a representative of your lender in an attempt to work out reasons le arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Services or ___T _ r _ the appointment of a legal representative. However, you must provide your lawyer with all reques ed financial information so that a loan resolution proposal can be prepared on your behalf. If you and y ur lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and fil a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty ( 0) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conferenc is scheduled., you will have an opportunity to meet with a representative of your lender in an attempt tow rk out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE T E STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully submitted: MARTSON LAW OFFICES Date: By: ~ / L,~ 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: g - ~ Z , 2012 Attorneys for Plaintiff i Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet ~ Date Cumberland County Court of Common Pleas Docket # • BORROWER REQUEST FOR HARDSHIP A33ISTANCB To complete•your request for hardship assistance, your lender must consider your circumstances to determine possible optiom while working with your Please provide the following informatia~tt to the bast of your knowledge; Borrower name(s): Property Address: City: State: Zip: Is tlu property for sale? Yea No Listing date: Pricy 3 Realtor Name: • Realtor Phone: Borrower Occupied? Yes No Mailing Address (lf different): City: Stata:~,Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How sang? Mailing Address: • City: 5tate• Zip: Phone Numbers: Homo: Office: Call: Other, • Email: # ofpeople in household: Haw long? First Mortgage Lender. Type of Loan: Loan Nuaaber. Data You Closed Your Loan: Second Mortgage Lender: Type of Loaa: Loan Number: Total Mortgage Payments Amount: $ Included Taxes & Insurance: Date of Last Payment: Primary Reason for Default: Is the loan in Bankruptcy? Yas ? No ? _ i If yee, provi~ names, location of court, caso uumbec dt attotaey: ice. Amount Owed Y~ i3ame: s_ s omen Rent leeta~e: s~ s i:~a~ent s_ s m..at~ta: ~ s_ s c~eeidt~ s_ s s..~ s~, s ome<:: s~ s • Model: • Y Amount orwd: Valoe: d~ll~o~iit<~Z bsodel: Y Amount o~ Velae l~odeb • Yeer._ MtouoR owed: Valus 1. 2. ' 3. Add~ioad Iaooam naar~dm (poc«a~eaj: mo~l~? aeAODUVt: a. g~ rq? Dayye: coeotro~wee p.~? n.~ ~I? ode a roa ~e 7?PnY~ Aacooae A ~ t~oatbb Mert~ya i~no~na e....a a ta~ooraa m xav~e yaa been w~oddo~ vrim a Houdos Coame{in~ A~enop? • Ye: ? No ? • If yey please p~ovlds the Ikon: r Coadaelor: Phons (o!'lEoe): Fax: 2 Email: Have you made application for Homeowners Emergency Mortgage Assistance Program ~ (HEMAP) assistance? Yes• ? No ? If yes, please indicate the status of the application: EIave yon had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yea ? No ? if yes, please indicate the status of those negotiations: Please provide the following information, igknow, regarding your lender or lender's loan servicing company: Lender's Contact (Name): Phone; Servicing Company (Name): Contact. Phor:e: rya , authorise the above named to usdrefer this information to my lender/servicer for the sole purpou of evaluating my financial situation. for possible mortgage options. I/We understand that Uwe am/are under no obligation to use the services provided by the above named Borrower Signature Date Co-Borrower Signature Date Please forward this document along with the followi»g information to [ender and lender's counsel: Proof of Income Past Z bank statements • Proof of any expected income for the lass ~S days "V/ Copy of a current utility bill ' ~f Letter explaining reason for delinquency and any supporting documentation (hardsbip letter) Luting agreement (if property is currently on the market) 3 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->341 Attorneys for Plaintiff MEMBERS l s" FEDERAL CREDIT ( NION, Plaintiff V. "[THOMAS E. WEBER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 12 -5250 CIVIL TERM IN MORTGAGE FORECLOSURE, NOTICE It,ou 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, Pennsylvania 17013 Telephone (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: The amount of the original debt is stated in the Complaint attached hereto. 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 tiling this Complaint on behalf of the Creditor. The debt described in the Complaint attached hereto and evidenced by the copies of the note will be assumed to be valid by the Creditor's law firm, unless the Debtor(s), within thirty (30) days after receipt of this notice, disputes the validity of the debt or some portion thereof. =1. Il'the Debtor(s) notifies the Creditor's law firm within thirty (30) 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(s) 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(s) makes a 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(s) by the Creditor's law firm. b. Requests can be made to: MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER Attn: Christopher E. Rice, Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 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 F ., MARTSt)N DEARDORFF 'WILLIAMS O TTO GILROY & FALLERr r-` MARTSON LAW OFFICES - c G, ar;; 10 Fast I-ligh Street cc Carlisle, PA 17013 17 C) ( 717) 243-3341 ,,. ; , ... Attorneys for Plaintiff ? MEMBERS I"' FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS OF I`'NION, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. THOMAS E. WEBER, Defendant NO. 12-5250 CIVIL TERM IN MORTGAGE FORECLOSURE NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in a court-supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer, you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact N1IdPenn Legal Services at (717) 243-9400 extension 2510 or (800) 822-5288 extension 2510 and request appointment of a legal representative at no charge to you. Once you have been appointed a legal representative, you must promptly meet with that legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Services for the appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully submitted: f3ate- MARTSON LAW OFFICES By. &-k 4 > i'Z------ 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: 14,-- ? .2012 Attorneys for Plaintiff Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date _ Cumberland County Court of Common Pleas Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete-your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your Please provide the following information to the best of your knowledge: Borrower name(s): Property Address: City: Is the property for sale? Realtor Name: Borrower Occupied? Mailing Address (if different) City: Phone Numbers: Email. # of people in household: Mailing Address: Ciq'Phone Numbers: Home: Cell: Zip: Email: # or people in household: How long? _ First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: _ Total Mortgage Payments Amount: $ Date of Last Payment: . Primary, Reason for Default: State: _^ Office: Other: How long? State: Zip: Yes ? No ? Listing date: Price: $_ . Realtor Phone: Yes ? No ? Home: Cell: State: Included Taxes & Insurance: Office: Other: Is the loan in Bankruptcy? Yes ? No ? If yes, provide names, location of court, case number & attorney: Assets Amount Owed: Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile #1: Model: Year: Amount owed: Value: Automobile #2: Model:_ Year: Amount owed: Value: Other transportation (automobiles, boats, motorcycles), Model: Year. Amount owed: Value Monthly Income Name of Employers: 1. 2. 3. Additional Income Description (not wages): I._ monthly amount: 2. monthly amount: Borrower Pay Days:_ Co-Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2114 Mortgage Utilities Car Payment(s) Condo/Nei . Fees Auto Insurance Med. not covers Auto fuel/re airs Other prop. payment Install. Loan Payment Cable TV Child Su ort/Alim. Spending Money Da /Child Care/Tuit. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes 0 No ? If yes, please provide the following information: Counseling Agency:_ Counselor: Phone (Office): Fax:- 2 Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes [) No ? If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes ? No ? If yes, please indicate the status of those negotiations: Please provide the following information, if know, regarding your lender or. lender's loan servicing company: Lender's Contact (Name): Servicing Company (Name): Contact: Phone: Phone: UWe, , authorize the above named _ to use/refer this information to my lender/servicer for the sole purpose of evaluating my financial situation for possible mortgage options. UWe understand that I/we am/are under no obligation to use the services provided by the above named Borrower Signature Date Co-Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: V Proof of income Vi Past 2 bank statements ?f1 Proof of any expected income for the last 45 days 1 ? Copy of a current utility bill ?j Letter explaining reason for delinquency and any supporting documentation (hardship letter) ?? Listing agreement (if property is currently on the market) `.'1?. I S ('llcnt, 1117u Members)sP 11470 Cu1rentA11470211 WeberA] 1470211 comp amend wpd Christopher E. Rice, Esquire Attorney 1.D. No. 90916 R. Christopher VanLandingham, Esquire Attorney .';.D. No. 307424 1VIARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street (..'arlisle. PA 17013 717) 243-3341 Attorneys for Plaintiff cC") rri k co NIEMBE.RS 1s' FEDERAL CREDIT 1 NION. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 12 -5250 CIVIL TERM THOMAS E. WEBER. Defendant IN MORTGAGE FORECLOSURE AMENDED COMPLAINT AND NOW, comes the Plaintiff. MEMBERS 1st FEDERAL CREDIT UNION, by and through its attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and tiles this Amended Complaint in Mortgage Foreclosure upon the following: Plaintiff, Members I" Federal Credit Union ("Plaintiff'), is a federally chartered credit union located at 5000 Louise Drive, Mechanicsburg, Pennsylvania 17055. 2. Defendant, Thomas E. Weber ("Defendant"), is an adult individual residing at 2531 Pheasant Drive, Grantham, Pennsylvania. 3. Defendant is the owner of the real property located at 2531 Pheasant Drive, Grantham, Pennsylvania ("Real Property"), and more fully described in a certain deed recorded in the Recorder of Deeds Office of Cumberland County, Book 264, Page 236, which is subject to the Mortgage described below. 4 On or about December 10, 2005, Defendant executed a Promissory Note l the "Note") with Plaintiffin the amount of $62,491.61. A true and correct copy of the original Note is attached hereto as Exhibit "A" and is incorporated herein by reference. 5 As security for the performance of his obligations under the Note, Defendant, 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." 6. The Mortgage has not been assigned. 7. Defendant is the owner of the Real Property, and Plaintiff knows of no other persons holding an okvnership interest in the Real Property. 8. Plaintiff has made demand for payment of all sums due and owing thereunder, but payment has been refused. 5. Plaintiff provided Defendant with notice of the period in which Defendant's default may be cured. but Defendant has failed to cure his default. 10. As authorized under the Mortgage, the loan obligation to Plaintiff from Defendant has beer. accelerated. 1 l . The total surn due and owing from Defendant under the Note, as of August 31, 2012, is itemized as follows: Principal: Late Fees: Interest as of August 31, 2012: Court Costs and Fees (estimated): Attorney Fees: Total as of August 31, 2012: $43,638.76 $ 81.39 $ 1,024.04 $ 500.00* $ 4,360.00 $49,604.19 Plus interest accruing at $7.69 per day from August 31, 2012, 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 lees 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 Y.S. § 403, Plaintiff sent notice of intention to foreclose mortgage and of the mortgage assistance program dated June 19, 2012, to Defendant by certified mail, return receipt requested. WHEREFORE. Plaintiff demands judgment against Defendant under the Note in the amount of $49,604.19, plus interest from August 31, 2012, at the rate of $7.69 per day until the debt is paid in full. MARTSON LAW OFFICES By: <L-•- 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: 2012 Attorneys for Plaintiff This is a debt collecting firm attempting to collect a debt for Members V Federal Credit Union. Any information received will be used for that purpose. st N I 5000 a,a. CA... 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Md Vrl you vw111o.?OC'.?14M•pp?grltlbW(E?1,• you d0. lift b011Cw•f Oor11t P4 p1/ am YdU w0 N•IY 10.9• M+D Y•YCan J•o1s to ,lopptflupbfthAwnorilaltrodWNft 1s?gdartvyMrdoesnotPp!pylpYo?umgrWOIrAbM!Wbw0?aahAknna=l%Wdddjj"wMMIM• doM Ya btl» s tfiMIN you I ar Irri dsl1 •k U CIY dws is N WNIIIt lhsl fad s psA dyar =Id d F. 4375011*2 ?nnlw ? Iwc, aai or• P?p• Z, 01 Z ij Prepared By: Members 1st FCU 5000 Louise Drive Mechanicsburg, PA 17055 When recorded mail to: FIRST AMERICAN TITLE INSURANCE 1228 EUCLID AVENUE, SUITE 400 CLEVELAND, OHIO 44115 ATTN: FT1120 1,p-.s? c/a3oa /10041 :OCF JqN 5 A(? 11 33 MORTGAGE Made 12/10/2005 Between THOMAS EUGENE WEBER (hereinafter called "Mortgagor") And MEMBERS 1ST FEDERAL CREDIT UNION (hereinafter called "Mortgagee") V??GDSL? 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 S 62,491.61 , lawful money of the United States of America, and has provided therein for payment of any a-c ditional 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 terns 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 UPPER ALLEN JOWNSHIP Cumberland County, Pennsylvania SEE EXHIBIT "A" PARCEL NO. 42302110041 which currently has the address of 2531 PHEASANT DRIVE [Street) GRANTHAM Pennsylvania 17027 [City] [Zip Code] Acct No 40417-02 Apply 132635 Page 1 of 4 8K1936FG3130 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 40417-02 AppID 132635 Page 2 of 4 SK 1 93}GPG3 13 1 (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, shat 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 (5016) 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 40417-02 AppID 132635 Page 3 of 4 SK193'PG 3132 Witness the due execution hereof the day and year first above written. 'THOMAS EUGENE WEBER Commonwealth of Pennsylvania ) ss: County of CUMBERC9ND On this the 10TH day of DECEMBER 2005 , before me, SEVERN K :-lafQRGAN the undersigned officer, personally appeared 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 Nola W Seal Beverly K Morgan, Notary Pubac Upper Allen Tvjoi, Citsrtberland County NAy COMMISSIM BOO July 7, 2008 Member, Pennsylvania Association of Notaties Members 13T Federal Credit Union, Mortgagee within named, hereby certifies that its residence is 5000 Louise Drive, Mechanicsburg, PA 17055. Acct No 40417-02 AppiD 132635 Page 4 of 4 BK 1936 PG3 13 3 EXHIBIT A All that certain property situated in the Township of Upper Allen, in the County of Cumberland, Commonwealth of Pennsylvania , and being described as follows: 42302110041. Being more fully described in a deed dated July 06, 2004 and recorded July 08, 2004, among the land records of the County and State set forth above, in Deed Volume 264 and Page 236. Permanent Parcel Number: 42302110041 THOMAS EUGENE WEBER, A SINGLE MAN 2531 PHEASANT DRIVE, GRANTHAM PA 17027 Loan Reference Number 132635 First American Order No: 8525034 Identifier: FIRST AMERICAN LENDERS ADVANTAGE 1111111111 IN 1111 III WEBER 8323034.`-'" FIRST-AMERICAN LENDERS ADVANTAGE MORTGAGE IIII III111111111111111111111111111111111111 ! Certify this to be recorded In Cumberland County PA kea)rder of Deeds BK 1936PG 3 13 4 VERIFICATION CWwlas an employee of Members I" Federal Credit Union, acknowledge I have the authority to execute this Verification on behalf of Members ls` 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 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 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 C_NION By- c. Z 7? `S,, F.?FILESVGwntsV11470 Members I stA11470 Curren" 11470.211 WeberA 11470.211. camp F:\FILES\Clients\11470 Memberslst\11470 Current\11470.211 Weber\11470.211.mot.stay.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 a-~ C ~~ ~~ ~~ ~~ cn r" -<~-' n° z" 0 -~:; r~ c~ N Q w m. ca 0 ,~ ~; ""! -+- T I T't -.~ ~r ~~ ~~ ~~ ~; n -p-; .~, -- ,~-, ~~ MEMBERS 1sT FEDERAL CREDIT UNION, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. THOMAS E. WEBER, Defendant NO. 12 -5250 CIVIL TERM IN MORTGAGE FORECLOSURE PLAINTIFF'S MOTION TO LIFT THE STAY AND NOW, comes Plaintiff Members 1 St Federal Credit Union, by and through its attorneys, MARTSON LAW OFFICES, and files this Motion to Lift the Stay as follows: 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, Thomas E. Weber ("Defendant"), is an adult individual residing at 2531 Pheasant Drive, Grantham, Pennsylvania. 3. Plaintiff filed an Amended Complaint in the above-captioned mortgage foreclosure action on or about August 28, 2012, and forwarded a copy of the Amended Complaint to the Cumberland County Sheriff for service upon Defendant. 4. The Amended Complaint included a Notice of the Cumberland County Residential Mortgage Foreclosure Diversion Program as well as the Financial Worksheets. (See Amended Complaint). 5. According to the Sheriff s Return of Service, attached hereto and incorporated herein as Exhibit "A," Defendant was served with the Amended Complaint on September 6, 2012. 6. Per Administrative Order dated February 28, 2012, a 60 day Automatic Stay is placed on all residential mortgage foreclosure actions in Cumberland County. 7. In order to participate in the Cumberland County Mortgage Diversion Program, Defendant was required to file a Request for Conciliation Conference within 60 days of the date of service of the Complaint. Said 60 day deadline expired on November 5, 2012. 8. Upon information and belief, Defendant has not filed a Request for Conciliation Conference in this matter and has not opted into the Diversion Program. 9. No judge has previously ruled in this matter. 10. Plaintiff has written to Defendant requesting concurrence in this motion. Defendant has not responded and therefore, Plaintiff presumes Defendant does not concur. WHEREFORE, Plaintiff requests this Court issue an Order lifting the Stay in this matter. MARTSON LAW OFFICES ~. By: 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: ///~3 , 2012 Attorneys for Plaintiff This is a debt collecting firm attempting to collect a debt for Members ls` Federal Credit Union. Any information obtained will be used for that purpose. EXHIBIT "A" SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor v,~a~~tir of ~ian6rrfy,14 ~:: ~+,.~,- ;~~•r. 7FFICE GF FHE SFtE~IFF Members 1st FCU Case Number vs. Thomas E. Weber 2012-5250 SHERIFF'S RETURN OF SERVICE 09/06/2012 10:54 AM -William Cline, Corporal, who being duly swum according to law, states that on September 6, 2012 at 1054 hours, he served a true copy of the within Amended Complaint in Mortgage Foreclosure and Notice of Residential Mortgage Foreclosure Diversion Program, upon the within named defendant, to wit: Thomas E. Weber, by making known unto himself personally, at 2531 Pheasant Drive, Grantham, Cumberland County, Pennsylvania 17027 its contents and at the same time handing to him personally the said true and correct copy of the same. M CLI , DE SHERIFF COST: $39.45 September 11, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF ic) CountyS~dte Sh9riH, TeleasoH, Inc. CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Motion to Lift the Stay was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Mr. Thomas E. Weber 2531 Pheasant Drive Grantham, PA 17027 MARTSON LAW OFFICES By: ~ ~ M I. Price Ten ast High Street Carlisle, PA 17013 Dated: l~ /~~~ (717) 243-3341 F.\FILES\Clients\I 1470 Membersls[\11470 Current\11470.211 Weber\ll470.211.pra.default.wpd Christopher E. Rice, Esquire Attorney I.D. No. 90916 R. Christopher VanLandingham, Esquire Attorney I.D. No. 307424 MARTSON DEARDORFF WILLIAMS OTTO GII.,ROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MEMBERS 1ST FEDERAL CREDIT UNION, Plaintiff v. THOMAS E. WEBER, Defendant TO THOMAS E. WEBER: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2012 -5250 CNIL TERM IN MORTGAGE FORECLOSURE NOTICE OF ENTRY OF DEFAULT JUDGMENT You are hereby notified that on the ~Ztay of ~ , 2012, the following Judgment was entered against you in the above-captioned action: judgment in the amount of $49,604.19, plus interest from August 31, 2012, at the rate of $7.69 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 Plaintiff s Complaint. Date:_ " '"' Prothonotary I hereby certify that the name and address of the proper person to receive this notice under Pa. R. Civ. P. 236 is: Thomas E. Weber 2531 Pheasant Drive Grantham, PA 17027 F.\FiLES\Clients\I 1470 Memberslst\11470 Current\11470.211 Weber\11470.211.pra.default.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 L~f2Q~~-~ ~~~~:5~ f ENt~SYLYANf~ MEMBERS 1ST FEDERAL CREDIT UNION, Plaintiff v. THOMAS E. WEBER, Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA NO. 2012 -5250 CML TERM IN MORTGAGE FORECLOSURE PRAECIPE Please enter default judgment in the above-captioned action in favor of Plaintiff and against Defendant Thomas E. Weber in the amount of $49,604.19, plus interest from August 31, 2012, at the rate of $7.69 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 Plaintiff s Complaint. I do hereby certify that written notice of intention to file this Praecipe was mailed to Thomas E. Weber on November 20, 2012, which date is subsequent to the date default occurred and at least ten (10) days prior to the date of this Praecipe. Christopher E. Rice, Esquire I.D. Number 90916 R. Christopher VanLandingham, Esquire I.D. No. 307424 ~ ~ 4. Ten East High Street C ECG Carlisle, PA 17013 b ac.Y3, (717) 243-3341 Dated: /~- _ 3 - ~ 2 Attorneys for Plaintiff ~ ~ oZ g3~~~ ~~ ~~ ~~ m-~,t ~~ MARTSON LAW OFFICES By: F:1FlLESICIitaq\11470 MeenEatitt111470Curtdn\11470.211 Webar\I1470.211.lOdsy.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 1Sr FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS OF UNION, :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : NO. 2012 -5250 C1VIL TERM THOMAS E. WEBER, Defendant : 1N MORTGAGE FORECLOSURE IlVIPORTANT NOTICE TO: Thomas Weber DATE OF NOTICE: November 20, 2012 2531 Pheasant Drive, Grantham, PA 17027 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 MARTSO LAW F E By: ~ s R. Christopher Vanlandingham This is a debt collecting firm attempting to collect a debt for Members 1" Federal Credit Union. Any iaformaNon obtained will be used for that purpose. F--.\FILES\Clients\11470 Memberslst\11470 Current\11470.211 Weber\] 1470.211.pra.default.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" FEDERAL CREDIT UNION, Plaintiff v. THOMAS E. WEBER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2012 -5250 CIVIL TERM TN MORTGAGE FORECLOSURE 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 Thomas E. Weber, 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: 2531 Pheasant Drive, Grantham, PA 17027. Said Defendant's place of employment is unknown. Christopher E. Rice, Esquire Sworn o and subscribed before me this day of December, 2012. ~ ~ ~ ~~~~ N t Public oo~MONw~.TM o_ Ns~.va~w- Notarial Seal Mliryy M. Price, Notary Publk ~jdlele iloro, Cu~eliand County COf11gyWOn Auq. 18, 2015 VANrA A~pCU7i0N OF NOITNttES Department of Defense Manpower Data Center StStUS I~t~pcrrt Pt~snt tc~ ervicem~emirs civil ~el~~f ~e~t Last Name: WEBER First Name: THOMAS Middle Name: Active Duty Status As Of: Dec-03-2012 Results as of :Dec-03-2012 08:44:02 SCRA 2.3 On Active Dury On Active Duty Statua Date Active Duty Start Data Active Duty End Date Status Service Component NA NA No NA This response reflects the Indlvlduals' active duty statusbesed on the Active Duty Statua Date Left Alive Duty Within 367 Days of Active Duty Statua Date Active Dury Start Date Active Duty End Date Status Service Component NA - NA No NA This response reflects wherethe indNidual left active duty status wNRln 367 days preceding the Acdve.Dury Status Date The Member or His/Her Untt Was Notified of a Future Call-Up to Active Dury on Actlve Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA No NA This response reflects whether the n0lvidual orhia/her unit has received-early notification to report fa alive duty Upon searching the data banks of the Department of Defense Manpower Data Canter, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. ~ -~.- Mary M. Snavely-Dixon, Director Department of Defense -Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 F:\FILES\Clients\61470Membersls[\I1470Current\1!470.211 Weber\11470.211.pra.de6ult.wpd Christopher E. Rice, Esquire Attorney I.D. No. 90916 R. Christopher VanLandingham, Esquire Attorney I.D. No. 307424 MARTSON DEARDORFF WILLIAMS OTTO GIL,ROY & 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. 2012 -5250 CIVIL TERM THOMAS E. WEBER, Defendant COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN MORTGAGE FORECLOSURE 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 Thomas E. Weber was given to him by mail on November 20, 2012. Christopher E. Rice, Esquire Sworn to and subsc ibed before me this; day of December, 2012. -Z~ No ublic COMMONWEALTH OFD Y~VANIA Notarial Seal Mary M. Price, N~ar'Y PubUc Carlisle Born, Cumberland Cou 2015 MEMBER, PBIIISYWANU ASSOCG'TIOM OF N07'AItIfS 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: Thomas E. Weber 2531 Pheasant Drive Grantham, PA 17027 MARTSON LAW OFFICES By ,~ M .Price 10 t High Street Carlisle, PA 17013 Dated: ~~~3//07/ 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. FA FILES\Clients\11470Members1st\I 1470 Current\11470.211 Weber\I 1470.211.affidavit.wpd Christopher E. Rice, Esquire rn z „ M_ Attorney I.D. No. 90916 R. Christopher VanLandingham, Esquire c Attorney I.D.No. 307424 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES v =' 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. 2012 -5250 CIVIL TERM THOMAS E. WEBER, Defendant : IN MORTGAGE FORECLOSURE AFFIDAVIT 1,R. Christopher VanLandingham,Esquire,counsel for Plaintiff in the above action,hereby certify that Notice of Sheriff's Sale of 2531 Pheasant Drive, Grantham, Cumberland County, Pennsylvania 17027, 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: Cumberland County Tax Assessment Bureau Old Courthouse 1 Courthouse Square Carlisle, PA 17013 There is attached hereto as Exhibit "A, Certificate of Mailing, U.S. Postal Service Form 3817, confirming mailing to such entity. MARTSON LAW OFFICES By: R. ClIEstopher VanLandingham, Esquire Sworn to and subscribed before me this day of arch, 2013. COMMONWEALTH OF PENNSYLVANIA Notarial seal Mary M.Price,Notary Public CarNoe am,aumberland County Nckafublic corms E .19,x015 W*1111111%1! OWN w OF aarAWS Cw"rWIft of tS 1/loC Mailing MDVISOd snj, t1i c«�a.of wMnY wa'a...ra.ne.at mM n..e..n p�nba to usPS®ra m.RMg. Tw tom"mmy be wrd for dWm wid 4dorroft maw. From: AARTSON LAW OFFICES " of �} r� o 10 East High Street , N tL s L c) , TM Cumberland County Tax Asse nt ii ?131StfF- Old Courthouse 1 Courthouse Square r Carlisle, PA 17013 - - PC Fnnn 3817 Anvil 2007 PSN 7530-02-000-9065 i 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: Thomas E. Weber 2531 Pheasant Drive Grantham, PA 17027 MARTSON LAW OFFICES By: Y M". Price 10 E t High Street Carlisle, PA 17013 Dated: 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. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ; ; Sheriff `° T °�' ,, ,, ;1'A :„V. ati*arita t.�` t ,i�_ +� TH.�4 ��,i+ V'0'%p erf J�4 Jody S Smith 9113 JUL 23 01110: � �! Chief Deputy Richard W Stewart Richard FF7GECjF[FiEStQ6RIFF CUt�€SERLAND CQ�i i Y PEN SYLVAf lA Members 1st FCU (et al.) Case Number vs. Thomas E. Weber 2012-5250 SHERIFF'S RETURN OF SERVICE 04/01/2013 08:09 PM - Deputy Shawn Gutshall, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 2531 Pheasant Drive, Upper Allen Township, Grantham, PA 17027, Cumberland County. 04/03/2013 01:27 PM -Deputy William Cline, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Thomas E. Weber at 2531 Pheasant Drive, Upper Allen Township, Grantham, PA 17027, Cumberland County. 06/05/2013 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA on June 5, 2013 at 10:00 a.m. He sold the same for the sum of $84,000.00 to Megan Oliver, on behalf of Central Penn Capital Management LLC,100 S. 7th Street, Akron, PA 17501, being the buyer in this execution, paid to the Sheriff the sum of 06/28/2013 Proposed Schedule Of Distribution Posted 07/12/2013 Distribution of Schedule as Proposed SHERIFF COST: $3,015.01 SO ANSWERS, July 12, 2013 RbNW R ANDERSON, SHERIFF (c)Coun:ySuite Sheriff:Teleosoft,Inc. r c f lw(I -lt t- FABLES\Clients\11470 Members;.\I 1470 Current\11470.211 Weber\1 1470.21 1.pra.exec.wpd ar a RO f!# ,'INN Christopher E. Rice, Esquire 2013 FEB 13 AN I 1: f)4 Attorney I.D.No. 90916 R. Christopher VanLandingham, Esquire CUMBERLAND Goth;'!-y Attorney I.D. No. 307424 PENNSYLVANIA 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. 2012 -5250 CIVIL TERM THOMAS E. WEBER, Defendant : IN MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 Members I"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 2531 Pheasant Drive, Grantham, PA 17027 (see legal description attached hereto): 1. Name and address of owners: Thomas E. Weber 2531 Pheasant Drive Grantham, PA 17027 2. Names and addresses of Defendants in the judgment: Thomas E. Weber 2531 Pheasant Drive Grantham, PA 17027 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: None. 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: Cumberland County Tax Assessment Bureau Old Courthouse 1 Courthouse Square Carlisle, PA 17013 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 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: ,2// 3/� Attorneys for Plaintiff DOCKET NO. 2012-5250 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in Upper Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the eastern line of a private road at the northern line of lands now or formerly of L.Nelson and Esther B.Wingert;thence,North 3 degrees 30 minutes West for a distance of 100 feet along the eastern line of said private road and beyond to a point 24 feet North thereof; thence, South 72 degrees 13 minutes East for a distance of 208.88 feet to a point on the western line of lands now or formerly of Jacob Kuhns; thence, South 3 degrees 30 minutes East by the last mentioned lands for a distance of 100 feet to a point; thence,North 72 degrees 13 minutes East by other lands now or formerly of L. Nelson and Esther B. Wingert for a distance of 208.88 feet to a point and place of BEGINNING. HAVING thereon erected a ranch dwelling. BEING the same premises which Norma E. Weber, an unmarried widow, conveyed unto her son Thomas Eugene Weber, by deed dated July 6, 2004, and recorded in the Office of the Recorder of Deeds of Cumberland County in Book 264 Page 236. , FABLES\Clients\11470 Members I st\1 1470 Current\I 1470.211 Weber\11470.21 Lnot1.Wpd Christopher E. Rice, Esquire 7013 r ES 13 pit i; 04�,Ur� Attorney I.D. No. 90916 .. R. Christopher VanLandingham, Esquire HRLAND C'Ojl+iTY Attorney I.D.No. 307424 PENNSYLVAr iA 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. 2012 -5250 CIVIL TERM THOMAS E. WEBER, Defendant : IN MORTGAGE FORECLOSURE 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 June 5,2013,by the Cumberland County Sheriff s Office,at the Cumberland County Courthouse,located at One Courthouse Square, Carlisle, Pennsylvania 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 2531 Pheasant Drive, Grantham,PA 17027. THE JUDGMENT under or pursuant to which the property is being sold is docketed to: Members 1" Federal Credit Union v. Thomas E. Weber, No. 2012-5250 Civil Term, Court of Common Pleas, Cumberland County. THE NAMES OF THE OWNERS OR REPUTED OWNERS OF THE PROPERTY ARE Thomas E. Weber, 2531 Pheasant Drive, Grantham, PA 17027. A SCHEDULE OF DISTRIBUTION, being listed of the persons and/or government or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff(for example,to banks that hold mortgages and municipalities that are owed taxes)will be filed by the Sheriff within thirty(30)days after the sale, and distribution of the proceeds of the sale in accordance with this schedule will, in fact,be made unless someone objects by filing exceptions to it within ten(10)days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of Cumberland County, Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 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 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: 010 3//s Attorneys for Plaintiff This is a debt collecting firm attempting to collect a debt for Members V. Any information obtained will be used for that purpose. DOCKET NO. 2012-5250 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in Upper Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the eastern line of a private road at the northern line of lands now or formerly of L.Nelson and Esther B.Wingert;thence,North 3 degrees 30 minutes West for a distance of 100 feet along the eastern line of said private road and beyond to a point 24 feet North thereof, thence, South 72 degrees 13 minutes East for a distance of 208.88 feet to a point on the western line of lands now or formerly of Jacob Kuhns; thence, South 3 degrees 30 minutes East by the last mentioned lands for a distance of 100 feet to a point; thence,North 72 degrees 13 minutes East by other lands now or formerly of L.Nelson and Esther B. Wingert for a distance of 208.88 feet to a point and place of BEGINNING. HAVING thereon erected a ranch dwelling. BEING the same premises which Norma E. Weber, an unmarried widow, conveyed unto her son Thomas Eugene Weber, by deed dated July 6,2004, and recorded in the Office of the Recorder of Deeds of Cumberland County in Book 264 Page 236. WRIT OF EXECUTION and/or ATTACHMENT A COMMONWEALTH OF PENNSYLVANIA) NO 2012-5250 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due Members I"Federal Credit Union Plaintiff(s) From Thomas E.Weber (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 $44,744.19 L.L. $$.50 Interest FROM August 31,2012 at$7.69 per day Atty's Comm % Due Prothy$2.25 Atty Paid $188.20 Other CostsAttorneys Fees$4,360.00 Plaintiff Paid Date: 02/13/2013 David D. Buell,Prothonotary (Seal) Deputy REQUESTING PARTY: Name : Christopher E. Rice,Esq. Address: Martson Law Offices 10 East High St. TRUE COPY FROM RECORD In Testimony whereof, I here unto set my hand Carlisle,PA 17013 and the seal of said CoYrt 9t Carlisle,Pa. This f.3 day of``fie t ,20 — Attorney for: Plaintiff Prothonotary Telephone: 717-243-3341 G Supreme Court ID No. 90916 On March 5, 2013 the Sheriff levied upon the defendant's interest in the real property situated in Upper Allen Township, Cumberland County, PA, Known and numbered as, 2531 Pheasant Drive, Grantham, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 5, 2013 By: Real Estate Coordinator h t a't `ti r�1 a�� Elul i ( �. ' 1 CUMBERLAND LAW JOURNAL Writ No. 2012-5250 Civil MEMBERS 1ST FCU vs. THOMAS E.WEBER Atty.: Christopher E. Rice ALL that CERTAIN tract of land situate in Upper Allen Township, Cumberland County, Pennsylvania, more particularly bounded and de- scribed as follows,to wit: BEGINNING at a point on the eastern line of a private road at the northern line of lands now or formerly of L. Nelson and Esther B. Wingert; thence, North 3 degrees 30 minutes West for a distance of 100 feet along the eastern line of said private road and beyond to a point 24 feet North thereof;thence,South 72 degrees 13 minutes East for a distance of208.88 feet to a point on the western line of lands now or formerly of Jacob Kuhns; thence, South 3 degrees 30 minutes East by the last mentioned lands for a distance of 100 feet to a point; thence, North 72 degrees 13 minutes East by other lands now or formerly of L. Nelson and Esther B. Wingert for a distance of208.88 feet to a point and place of BEGINNING. HAVING thereon erected a ranch dwelling. BEING the same premises which Norma E.Weber,an unmarried wid- ow, conveyed unto her son Thomas Eugene Weber,by deed dated July 6, 2004, and recorded in the Office of the Recorder of Deeds of Cumberland County in Book 264 Page 236. 80 TJ J, PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: April 12, April 19 and April 26,2013 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Lisa Marie Coyne, Edit r SWORN TO AND SUBSCRIBED before me this 6 da of April, 2013 Notary F NOTARIAL SEAL EBORAH A COLLINS Notary Public ROUGH,CUMBERLAND COUNTY ission Expires Apr 28,2014 The Patriot-News Co. 2020 Technology Pkwy e a rl;o wXews Spite 300 Mechanicsburg, PA 17050 Now you know Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Marianne Miller, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing 'under the laws of the Commonwealth of Pennsylvania,with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds jn-and for said County of Dauphin in Miscellaneous Book"M",Volume 14, Page 317. 2012-5250 Civil MEMBERS 1ST I=CU This ad ran on the date(s)shown below: VS. MOMAS E.WE13ER 04116113 /At; Christopher E Rice 04/23/13 ALL that CERTAIN tract of land situate in Upper Alien ibnship Cumberland , 04/30/13 County, Pennsylvania, more Particularly bounded and described as follows,to wit: BEGINNING at a point on the eastern . . . . . . . . . . . . . • . . . . . . . . . . . . . fine of a private road at the northern line of lands now or formerly of L Nelson and Esther B.Wingert;thence,North 3 degrees Sworn lo and subscribed before this 3 day of May, 2013 A.D. h 30 minutes West for a distance of 100 feet along the eastern tine.Of said private road and beyond to a point 24 feet North thereof; thence,South 72 degrees 13 minutes East for a distance of208.88 feet to a point on ry t6blic the western line of lands now or formerly of Jacob Kuhns;thence,'South 3 degrees 30 minutes East by the last mentioned lands for a distance of 100 feet to a point;thence, North 72 degrees 13 minutes East by Other COMMONWEALTH OF PENNSYLVANIA lands new Or formerly of L. Nelson and Esther B.Wingert for a distance of208.88 Notarial Seal feet to a point and placc';*vzG'INRING. Holly Lynn Warfel,Notary Public HAVING thereon erected a ranch dwelling. Washington Twp.,Dauphin County BEING the same premises which Norma My Commission Expires Dec.12,2016 E.Weber,an unmarried widow,conveyed MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES unto her son Thomas Eugene Weber, by deed dated July 6,2004,and recorded in the Office of the Recorder of Deeds of Cumberland County in Book 264 Page 236, i COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND }SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Central Penn Capital Management LLC is the grantee the same having been sold to said grantee on the 5th day of June A.D., 2013, under and by virtue of a writ Execution issued on the 13th day of February, A.D., 2013, out of the Court of Common Pleas of said County as of Civil Term, 2012 Number 5250, at the suit of Members 1 st Federal Credit Union against Thomas E Webber is duly recorded as Instrument Number 201324166. IN TESTIMONY WHEREOF, I have hereunto set my hand and s al of said office this day of A.D. c, Recorder of Deeds Recorder of Dee Cumberland County,Carlisle,PA My Commission Expires the First Monday of Jan.2014