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HomeMy WebLinkAbout12-6610Christopher E. Rice, Esquire Attorney I.D. No. 90916 Seth T. Mosebey, Esquire Attorney I.D. No. 203046 MAR"1 SON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (71?; 243-3341 Attorneys for Plaintiff c'~ ~ ~~ ~ --~ ~,.~ -n ,~., cx~ o rn (n ~+ r\.~ ~ 47 ...~ .i_'s ~ yy ~.J ~ / ~ YJ 1 .~ ~.,~- c~ _~ -x: --~ :'~' cf -~ 'ca ~ ~ . ~_ ,k ~.a ,~ -~; , W:.f f~) MEMBERS 1~` FEDERAL CREDIT UM ON. Plaintiff :FAMES R. L[NN and RUFINA F3. SAI,AS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COI.JNTY, PENNSYLVANIA NO. 2012 - G~ ~~ CIVIL TERh1 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 (2(1) days after this Complaint and Notice are served, by entering a written appearance personally orby attorney and f-fling 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 LAWYEK, GO TO OR TELEPHONE "THE OFFICE SET FORTH BELU'W. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY I3E ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFI~EF: LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCE: FEE OR NO FEE: II~ YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD A LAVv YER. Contact: Cumberland County Bar Association 32 South. Bedford Street _ ° / p 3 ~7 S ~d °`~Y Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 G~`~ ,l_ G3 / v. Defendants 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 L,AW, 73 PA. CON. STAT. ANN. §201, ET SEQ. ("THE ACTS") ~I~o 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. 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 & Fal ler, is filing 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. ~. 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 he 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 oriinal Creditor will be mailed to the Debtor(s) by the Creditor's law firm. 6. Requests can be made to: MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALI_E,R 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~ c~ ~ R. Christopher VanLandingham, Esquire ~cz~i _ o -~ ~ ~ Attorney I.D. No. 307424 ~~~~ --+ ~ ti c~~-~ MAR"I'SON DEARDORFF WILLIAMS OTTO GII ROY & FALLER r- ~ ~=' c~i~ z• c~~ , MARTSON LAW OFFICES : ~"'=-~ 10 East High Street ~'<~~ ==~ -~-~" Carlisle. I'A 17013 :~:::~ *.~ -~~ ~~~ _ (717) 24>- 3341 ~--~ -~~' , . ~~ Attorneys for Plaintiff ~ . - ' MEMBERS 1'` FEDERAL CREDIT I1MON. Plaintiff ,IAMI~S R LINN and RUFINA B. SALAS, v. Defendants IN THE COURT OF COMMON PI_F.A> OF CUMBERLAND COUNTY, PF;NNSY[.VANIA NO. 2012 - ~ ~ f'a CIVIL TER>V1 NOTICE OF RESIDENTIAL MORTGAGE FORECLOSiJRE 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 acourt-supervised conciliation confi~rence 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 MidPenn Legal Services at (717) 243-9400 extension 2510 or (800) 822-528$ extension 2510 and request appointment of a legal representative at no charge to you. Once }-~ou have been appoi nted 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 oppol•tunit} 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 Mid]?enn 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 c,an be prepared on yourbehalf: 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 most 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 THF. STF,PS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREF,. Respectfully submitted: MARTSON LAW OFFICES Date : ~ ~" , ~ s 11 ~_ .~ ,~} By: ____ Christopher E. Rice, Esquir LD. No. 90916 Seth T. Mosebey, Esquire LD. No. 203046 Ten .East High Street Carlisle, PA 17013-3093 (717)243-3341 Attorneys for Plaintiff Cumberland County Residential Mortgage Foreclosure Diversion Program Financial F'Vorksheet 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: State: Zip: __ _ Yes ^ No ^ Listing date; _Price: $ -- Realtor Phone: -~~---~~ Yes ^ No ^ -____.-~~- Home: Cell: Email: _ # of people in household: How long? Mailing Address: City: Phone Numbers: Email: # of people in household: Firs# Mortgage Lender: _ Type of Laan: Loan Number: Second Mortgage Lender: Type of Loan: Loan. Number: }fate: Zip: _~_- Home: Office: _ _ __ Cell: ~ Other; How long? __ Date You Closed Yous Loan: Total Mortgage Payments Amount: $ Date of Last Payment: Primary Reason for Default: Included Taxes ~ Insurance: State: Zip: ~__~ Office: _ Other: ^.____ [s the loan in Bankruptcy'? Yes ^ No ^ If yes, provide names, location of court, case number & attorney: Assets Amouni Owed: Value: Home: $ $ Other Real Estate: $ $ - Retirement Funds: $ $ - Investments: $ $ _ Checking: $ $ Savings: $ $ -' Other: $ $ _ Automobile #1: Model: yam; Amount owed: Value: Automobile #2: Model: yew; Amount owed: Value: Other transportation (automobiles. boats motorcxcles)• Model:_ Year. Amount owed: Value Monthly Income Name of Employers: 1. 2. 3. Additional Income Description (not wages): 1. monthly amount: 2. monthly amount: Borrower Pay Days: Co-Borrower Pay Days: Monthly Exyenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mort a e Food 2 Mort Utilities ' Car Pa ens Condo/Nei .Fees Auto Insurance Med. not covers Auto fuel/re airs Other ro . a ent Install. Loan Pa ent Cable T"V Child Su ort/Alim. S endin Mone Da /Child Care/Tuit. Other epees Amount Available for Monthly Mortgage Payments Hased on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes ^ No ^ If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax; 2. l;mail: Have you made application for Homeowners Emergency Mortgage; Assistance I'ro~,ram (HEMAP} assistance? Yes ^ No ^ If yes, please indicate the status of the application: Have you had any prior negotia#ions 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; IlWe, ,authorize the above named to use/refer this information to my lender,~servicer far the so}e purpose of evaluating my financial situation for possible mortgage options. U~~,'e understand that I/we am/are under no obligation to use the services provided by the above named Borrower Signature Co-Borrower Signature Uate Late Please forward this document along with the following informQtion to lender and lender's counsel: Proof of income Past 2 bank statements `~ Proof of any expected income for the last 45 days ~' Copy of a current utility bill 1 ~` Letter explaining reason for delinquency and any supporting documentation (hardship letter) ~'~ Listing agreement (if property is currently on the market) F.P71l~Cl;enis,l t7pA9embeislsY,l~4?O CurrenP114702?Consuvction Services Linn~114~P _'23 coml wpd Christopher E. Rice, Esquire Attorney I.D. No. 90916 Seth "I'. Mosebey, Esquire Attorney I.D. No. 203046 MARTSON DF,ARDORFF WILLIAMS OTTO GILROY & FALLER ?VIARTSON LAW OFFICES 10 E~:ast High Street Carlisle, PA 17013 1:717) 243-3341 Attorneys for Plaintiff 'VIF.MBERS 1 ~` FEDERAL CREDIT iNI(>N. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. JAMES R. LINN and RUFTNA 13. SALAS, NO. 2012 - CIVIL TERN[ Defendants COMPLAINT IN MORTGAGE FORECLOSURE AND NOW, comes the Plaintiff, Members 1S1 Federal Credit Union, by and through its attorneys, Martson Law Offices, and files this Complaint in Mortgage Foreclosure against Defendants. James R. Linn and Rufina B. Salas, and in support thereof avers as follows: 1. Plaintiff, Members 1 `Federal Credit Union ("Plaintiff'), is a federally chartered credit union Located at 5000 Louise Drive, Mechanicsburg, Pennsylvania 17055. 2. Defendant James R. Linn is an adult individual with a last known address of 1366 Kiner Boulevard, Carlisle, Pennsylvania 17015. 3. Defendant Rufina B. Salas is an adult individual with a last known address of 1366 Kiner Boulevard, Carlisle, Pennsylvania 17015. 4. On or about July 12, 2006, Defendants entered into, among other things, aClosed-End Note, Disclosure, Loan and Security Agreement ("Note") with Plaintiff to borrow X75,000.00, and agreed to make 239 semi-monthly payments in the amount of $452.38, and one final payment in the amount of $450.84 in satisfaction of the principal balance. A true and correct cop}~ of the executed Note is attached hereto as Exhibit "A" and is incorporated herein by reference.. 5. In consideration for the Note, Defendants executed a Mortgage in favor of Plaintiff encumbering the real property located at 1366 Kiner Boulevard, Carlisle, Pennsylvania (the "Property"). A true and correct copy of the Mortgage is attached hereto and incorporated herein as Exhibit "B." 6. The Mortgage was recorded on August 3, 2006, in the Recorder of Deeds Office for Cumberland County, Pennsylvania at Deed Book 1961, Page 226. 7. Defendants are the owners of the Property. 8. The Mortgage has not been assigned. 9. Plaintiff knows of no other persons holding an ownership interest in the. Property. ] 0. Defendants have defaulted under the Note, by and including, but not limited to, allowing a material adverse change in their financial condition, and failing to make payments as required under the Note. 1 1. as authorized under the Note and/or Mortgages, Plaintiff has declared the unpaid balance of the Note immediately due and payable. 12. The total sum due and owing under the Note, as of September 8, 2012.. is itemized as follo~~~s: Principal $41,970.73 Interest (through 9/8/12) $ 1,744.36 Late Charge: $ 45.20 Costs of Suit (estimated) $ 500.00 Attorney Fees (estimated) $ 5,000.00 Total: $49,260.29* *Plus interest per diem at $8.96, along with additional costs and fees inci.irred, until paid in full. 1 ~. Plaintiff specifically reserves the right to increase the Costs of Suit 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 Property. 14. Plaintiff has complied with the provisions of Section 403 of Act No. 5, ~ I P.S. § 403. WHEREFORE, Plaintiff, Members 151 Federal Credit Union, demands judgment against Defendants James R. Linn and Rufina B. Salas under the Nate in th.e amount of $49,260.29, plus interest from September 8, 2012, at the rate of $8.96 per day until the debt is paid ins full. MARTSON LAVV OFFICF,S By. ~~ ,G~ ~ . '~,, Christopher E. Rice., Esquire I.D. No. 90916 - Seth T. Mosebey, Esquire LD. No. 203046 "hen East High Street Carlisle, PA 17013-3093 Date: J0~''z~~/iL ~~I~)2.43-3341 Attorneys for Plaintiff EXHIBIT "A" 5000 Louise Dnva, P.O. Box 10 Methanicsburq, PA 17055 ~1j` MEMBERS 1• r.eo.,e,a.relle :R'b NAME AND ADDREbb R LINN ANNUAL PERCENTAGE FINANCE CHARGE: Amount Financed: he tunouM d Total of Paymentb: The emounl RATE: me coat DI your utwd ae a The dollar amount the ere:dll w1M aedll Provided to y u or on yDUr you will haw paid pher you haw yeany rate ' cool you. 6ehU1. made all payments a6 slJteduled. 7.79 % • j 33,589.88 • j 75,000.00 j 108,589.e8 Vanabb Rata; II your loco hoe • wdabb nb ee Mdkabtl abew Ula Annual Parunlap• RW may hu•ua dudnp • 1•rm of Ws vaneactlon II tM (Irldsxl 1]larlpee. Tne aetlH union wyl adtl a rrlarpln of to Ma index value. TM nb wNl dlanpe monlHy on tM MI dry or Iha mmM. TM b wN1 Haver M Mpher Ulan tM maximum rUe Ubwetl Dy law. and tI will never be Ina sift . My InbnY nb trlovsee will rsNl st nxrn prym•nb o11M nnN amount. F EnmpN, a Your ban wee for SS,OaO al 15% br ee monMe and IM AMUU P•runbpe Rab bena•M W 2% albr one yar. Itle brnl or your loan woub kwew DY nbMha P~M1rntl RUC 11 dlarAad. IM bllowinp applNe to yar Ian: fX1 Automatic Paymnt Dlseounbd Rab: Because you Tana spread ro make your nquNW moMny paymenb L your ANNUAL PERCENTAGE RATE Ms seen 6tcamNd D 20K 7M ANNUAL PER E T rwpl en eutomaod OeWaion rnm your ChecMMlySavlnpe y . . C N AGE RATE d the Aldomaac Payn•M DierauMatl Rab. Thb nla wNl ir10RaN by .2 N yw aria Ma wbmsee payment amnp rover the wbm We paymerHe. In atYtll a wn IM eMlx or Ms inorsan wW bs p extend Me term W F l etlosed saws M ula ANPB1Al PERCEMAGE RATE Dox la msnl a feY b Ilwllain IwlstleM tondo In your sacount to , your oan. or on a SS.O110.00Ian br 60 months an0 yw Una tlb wbmalk payment artargamenl, yev rob vets husaae l0 10. nmpb, B your Aulomege Payment Oiwvunled Rafe la IO% 0%. muwrp In t sdditlonal payment. VarlabN RW PnMTd Lana. II your loan Ia ^ wdaWS orb loan antl you quNNy for • pnhmd rM, ywr pnhHr dlamunl a leren U els Gme you bke wl your ben. This neat pnbrrW ANNUAL PERCENTAGE RATE wIN than wry aocadblp b Iriargn In 9t• Index (n d•tlo•ad abovR PERCENTAGE RATE a 12% at Ms IIrrM you lake the loan your inilie Pnbmd ANNU/LL PERCENTAGE RATE i .For exempla, N a vAabb nl• bsn'a iMtiU ANNUAL , w RATE w+N titan wry aaoMlnp b IM Intln, n dslyotad In Ms'Vsllads Rats' proWebn aDOw. be N/A%. Your kNlrl galsned ANNUAL PERCENTAGE Fbatl Bala PnbnW Lwna I( your ban is a Bxad rats ban antl you qualy for a prelerrs0 nu, yow ANNUAL PE EMAGE RATE role to Me Dnfansd ANNUAL PERCENTAGE RATE diudosad above for a loop a your Moaned aMw remains b attaa. Number of Peym•nb Amount vt PRymenb Pryrmnt Fnqu•nry When Paym•nb An Oua ropaAy Irolrrirlte: YOU may oMaln pro ~ Your i surance hom anytxtd you want That is ac oepWble to ~ 239 5452.38 Seml•MOntrHy - BepMDinp pgY1g/20pg s y 1 lit ~h~ y~ I~yt~~at tM irlaurenre Irom the II i a rove: t 5460.84 Final Due • On OBrotY2018 NIA Saeuny: Coletsral eeluxinp oalar locos wNh the eredN urlbn eta pooch or property ill Uso Mn f thi Y b N d v Other w a s H en. eu are pv q a nGl ly nareel MI being DurcAased. your Maras erMlor depoen In Ino uadH union, and: x ~ I DesutDe): Lab CNry: h ^ I»ym.M is INa Dy 10 drys or moo you wig Required Oepoalt Batanw: The Mewl PerdaM Rata don fllhlp Fns: NoroFlllrp Ineunrlcr. Da charged a lab ree U 5% of your acME111p payment not tetra IMO emwnt yow raqulnd dspwe belenp, 8 any. ~ WA j WA npeymM/: yw PRY • . yw not m WY a Mu N Yow aclmme w 'e• mIPG •tl•rl•b. HIR eNeoube eG •M AWeI'mMl rNInW •rb penN ~~Te • , MM mW1'nl•n n IT MI I N O AMOUNT FINANCED j 75,ooo.oD Amount Paltl to otlxrs on your behell (0 be) AMOUNT GIVEN TO YOU DIRECTLY j 5B,85D.87 So.oo To NNxbwu tae 5 To fo.NO To Mxwwa LW 5 To AMOUNT PAID ON YOUR ACCOUNTS t8,t40.13 j To 5 To 5 To f v oD TD rw PREPAID FINANCE CHARGE j 0.00 f To Neid SOlu•m S To AMa ceuln>n. OTHER (Describe): 1388 KINER BLVD and/or Deposits of 5 5 - - _.. _ _.. You aprn Mat Me arms end cadNbm In N• d'wdnun etabrtleM era Ula ben arq Hooey aprwrMnb loralad on ape Z U Hie dowmenl shoe apply to INa loan. II !Mn Ic moo man an oortower, vw apras MM aN dls mndebne or Uls ban and eeaasy apnarrwnb povemMp W s ban s1uM app Io hoM IoHHH entl ssvanlN. You eckrbwledpa Mat you nave reraived • copy or Me ban end security .maws and diedown ebbment. Coagner. 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Gat ^ O ^ o ppl1rHynn~y ~~ yyawu mry~1N N eRwrlon mGt •bo M •rbw•I.0 In erHn b GbrIrIYM •Hybllry. 3M.y o nMaeh~AOMN Mirl~ongiWMOelHlonq bMe'ome 1/JOB~o~ DS R•~WO C~,orrPl•+ IArtDly xrtaydl orpgGbralry •n•ry rrnaw. eoec• ^ O ^ ~.•i1 ne M bwnE Y myaw•ppee•M or I ariruvw~r YH- b agwWM ~~wR unM~nWdnNal M• m Mlpbb lor'nwnnG up b xn ~oilpoiloo• •ae••Glp ]I.DO. ~ ~l Mb preen u not •rpbb b nwr~rw Nb o" MMiw Gb al rry IoW) Ww•rle• v,IN w we tleb a as •ppNplbn. My Moon one tllllnrlrlah •rli wNrl anti b Glnw •nY G• aemp•n e1Mr prwn aw w • e nn tp Inwnnw t•arm•nr a clam oanWnba Y m•r•rbpy IeW IMomrlbn a eorle•Ye fG M PY1pGe of mbb•INnp InhrrMen aenw Irq orry /~iP~~IHw~i wllii not M w•O In eolbrnnl.i ail ePPI uel. wlNah h • crilM •na •u•lwb e W h pnlen to •nMW •ne a1Nl pnlNn. Do nor •lo dlb pPlfeNlon x •n11rr Ppflo.bN eMG• • 61.nk oboe •pc•• new na wen aompbbe, IM tlNly he• na NlrGa end Iabd IM ePPlkesan •ntl N N• aPplk Hurl hn net awn Nnw•M. CREDIT INSU~RA' NCE APPLIED FOR: NOTE: ONLY ON! APPLICANT MAY APPLY FOR p8A81LRy COVERAGE Yes ~, No Single Credit Li/e ~ Total Premium ^ Yes Q No Credit Disabilty ~ Total Premium Yes Cxj No Joint Credit LHe lydiurs whirl) eDpiran9a): ^ ApplloM Co-PppliraM f 0.00 IMicale whlM appkanlU : ^ Applkanl ~ Co-Appllunl ; j 0.00 rw •n a slyy ter ale typo a cw.np. br a acre. b IMla.ra w nl. •nPlr wn. PP ICAN 5 SI NATUR qTE OF BIRTH ATE ICANTS SIG A DATE OF BIRTH ATE IP_ N11Gpid700.]t IASEP-WORD r ~]/ee Rav. 11nt o.n. ~ ,r ~ COPYRgNi tU1 Nme•a. uYNUGOnp•na.Inc NlipnY na•ma JAMES R LINN N THESE AGREEMENTS THE WORDS 'CREDIT UNION' MEANS MEMBERS 167 FEDERAL CREDIT UNION NAMED AS BORROWER(S). LOAN AGREEMENT SECURITY AGREEI ?aymentsJFinance Charges: For value received, you promix to pay, at the Credit Union's office, ell 8fnoun4 due. All payments shall be made pureuanl to the disGosure statement on page 1 of this dowment. You wLIN be ~m«aGemon ltt~e rsccehe~tlWeE d~uaa ~u t 6~Ltparouk ha ~ qua nlt~d }Drente prefened reN that you confirwe b saUSiv V1e cahrxiibona of that preferted rate It ycu tail to pay any instaNment by a tithe It Is due, you well pay additional Interest on the overdue anwunt. Alloutlon Of Psymertb arld AddlGorNl Psymsnp: Payments entl credits shall ba appked In the fdbwklp order: arty amounts pant due; any fees or Glargea owing, InGudnp any insurance pranhrns; aarued Irneroat or finance Gtarrppes: oulaundlrlp pnrlGpal. Payments made In additbn b regularly schedWed payments stroll Oe eppN/W in the same order. Preferred Rata: tl you gwkN for a prefened rate as dsdosod anpsg e 1 of this doclxnenl or m a sepan s pnlsmW rete eddandlrm, you urld/srstind that you must meet the oondltlons disclosed b you In order b qualyv for the preferred rek and must txxllinue to meet those carldkbna In order [o kxp your prckmed nle. If you IsN to meet those conditbns, your rats wlp increase, thereby extending Iha terms oaf your loan. You promtae b I:onlinue you rw IaigO ~r~iceleve tMmprofir~rted~ratetlons under this Agreement even II ute Charges: It u maNe a late pa nl, you agree to pay a late rdnarge it one ie disclossdYOOn page t G Ihis document, Properlyy lrquranCa: It you obtain a loan severed by a motor vehkb or other laiipibb property, you must obtain insurance which protects tl1e credit unbn hom financal k»s. The amount and wwrapa IN tM propwty insurance must be ac~ePtable b the aedt urdon. Such a pohry must provide et leas) fire, then, combined addkional coverapea and cdlialon ~nsunnca. It must contain a Lou Payade Gauss erMOrsemanl naming the credit union as lien hrNder. You may pWsh Vds insurance from an spell of your choice and dreG the agent to send the credit unbn a copy of the policy. Debtor Rasponslbllity: You prondae to hotly credk union of any cllanpe h your name eddrcsa a empb. ympern4 Vou(ypromias not b apply for a loan U yYyOUr obl~lpahh'o~r1 as~dkp to tDheb l~ W fhe~aedN e~xlens n aYclartpmrtd~se to inform Credo unbn of any haw irdtxmaUon which re18W to your adllly b repay your oblipalbn. You Promise not b submit felae or InarzureN Inlortnalion or wnlNUky conceal Inlwrrlallon regarding your dedilwarthineaa, credo atandinp, or uedk capaGry. 0717711006 WORDS YOU' YOUR' AND YOURS' MEAN THOSE ew. kin and NI {xpi'~In~dltuna IncurrW b~ me cndN M i NCYrIry YLLinit In tM oprvpertPr G Ye{ornlE,AaonYW id. TM 1{CYrlly kpnal kCludN {p Inuesa{a, Nom b N{ aicund ppngny, proG{ids hom •ny ritl property and al{ famings ncNritl howl Mr Pto~ifry y1rM i{ i~CYf~tY kr Nds loan Or br my yy pro caaren nepcN 1n moniy howihold i repot menu an as a1Nd1, or ^n norrpurchase 2. you wIN rat chmae loulion a, rlt a tnnsler 1M cohbral unbas you Mw ule aetlN urYOnY_pR wllsan tonaenl 7. You waNSnt al nave oood tltla b IM oolhlxal, Irei a NI aicudN Inlsmsu exw pl Nrt p k va un n entl sxupt M arty klareat al a nonto- nuliir owner of the Iwro rota Mi aphid tM aQsenroM k, the Wlinlad DNu A. You wiN Wy atl Is» , awasmanu, end INm aoalml or ilNChatl b tln orooem igryamant amen u al u aaal unlars rspuan end wNl daNntl the Dnparry agavlst rWwra t parry dame a, you wiN mahlah h irla to cover any whidi or aMr wovanY h wNdr tM uedrt has ^ ^ ry hlerssl. this Inwfrpana vN M h s form 11ntl a .ngtml x ,_---.. ~ abN utbn~YOU~WII ytgd~! coo uadN unbn write groat You IunMr au tM v x union b provldi v?ur hwnnu Sank. Crm/ar vdN Mds~nmowal wry mu for wAlkaNOn of wegwriuaavarepepv unbp si wl s e M toa~ayouMaln odNidui e~yibW li pnMnharay to IM pro(sdon Mattel e credit unbn. a. OhkNMiliM nleM avt.ny lkmreiRi tlnli'ioa un:Piiwnh'ti re~ae.. w apne b as~pp~n11 a~ )auNaon awNhk/MUn (10) days whabwr addihonat tNacqor Ni uaAt 8n teal N muwry to purled IM Gadll unbn ag l posslbb~ loo. 7. s • MaWI as ~rNpprmn h Yti Lan ApriamarU ahouM amt, tln aadil union hu ha aumamy, ~ s dl daf~ b~epwen arxa al ~ coNalenl h IavAW manta/. k W rJf . IM u or tlu as 1 Wm a aulhedzad and $tstlttory Usn: If yw ors in default, IeOercl Wvr gives the credt urNOn Iha nght to a the balance of sharp andlor dividends in w aecotml(a at tfle tlme a fauk b saUaly this Ioan. Once you arc in Qelault, the R union msY exerdae aNa rip l without fuNler notice b you. Delay in Enforcamenl: Crodil Unbn may delay enbrcing any of the Uadit union rights lx1dM this apre@RNrk without bllrlg them. Irregular PsymanbupTfie creWl unkm may accept late paymenla or partial Creel tu~rin r g^lepunder thk a~preesmYsr^pitM in IuN, without fosup any of Iha Co-makeyn: if you are aigninp U1ia apreemenl as a co•maker, ycu agree to ece~ltha W Do1~0f ymouaTtiebcr elk Union doeiWnotl havedtot not~ly yosYU that this egteernenl has not been paid. TM Crctlk union may extend fta terms of paymeM~alnd o lI ~aee ry ceamty wthout nolilying or rekasing you from spo kY preement. ConlncNal PNage of 6Mrn: You plidpi all your sMna and diposki In the cntllt union, lodudirry Nlun atldNbna, n aecunty for Nib ban. In case you tliNUIL Me CredN unlan cosy sppy Ulife shares ant tlapoalu b tlu paymml of ill soma due al the Ume of Mhu1L hdudkg coW a colNCUon and msonabN aaomeya ten, mat Ni cntllt union may Incur, up to 21ya of Ina unpaid Drlnclpal era Inbmt No INn or right to knPma a Mn orl sham and depwM atoll apply to anY of your snipe which may be Mld In an 'IndWidual Rellnmenl AceoYM" a -Keogh Plan" e. The CridN union eels wMeh Ihs v B. to. Thla r heirs, apoolMatl u Your Allonwan•Fad la penam Nets ere necessary b p eel Ule dolsteral anda~w epnsrrem rfanss mower, our oOYUuillom una~r Nlli elYeamenl sn q puaNy roapomiDle to wlRll the temY o1 Nia 1 oMy binds you. Dul your axewlon, idminlnroon, 610D 2/99 You ere being asked b puaranl9e this tlebL Think uroNlly belore you do. II the bonowx doesn't pay 1 a debt, you wNl have to. Be rote you wn atlord to pay d you have b. and that you want to accept this msponsibibty. You may Mw to pry up to IM IuN amount or the dab! if the borrower does not pay. Vou may also have pay Isle lees or colleelbn costa, wnlU increase Ihia amount. TM credibr can cdleG This debt Imm YOU without first trying to CONeG Irom the borrower. The cradka n use Ina same collection methods acsinal you iMl ran bs used against the borrawat, auto as sWnp you, pamlaning yow wages, olc. 11 Nis debt Is ever In ebuN, that IaG may become a pan o{your credit record. This notice is not Ina contrail that makes you treble fro the debt. F. 4J7ag 1107 APPRO 9yrlimr, Mf.. SIr~~0r1 Pape 2 of 2 EXHIBIT "B" Przpareq By: MCmbers 1st FCU 5000 Louise Drive 'vtechanicsburg, PA 17055 When recorded mail CO.~-~~-' - - - - FtRST AMERrC'f1N fITL~ rNSfRts1 NCl LF.NDk'2S axj yaR'TAOE ~za~r Evclr~ a ~~NUE, SUITE aoo CLEVL,'LAND, OHID adll3 AT7:N.• F'TlIZU P~>Ri4et~ 222. W [~ ~ ~ Sao ~ MORTGAGE :14ade 07/12/200b _ Between JAMES R LfNN ANA RUhTNA B SAI.AS ereina ter cal artgagor") And _v1EMl3ERS ls~~ FEDERAL CREDIT Y1NfON ., ... 'v I~~U ~' C: ~~il.~{f?kP,l,_ ,,, GaGa ~U(~ a 9(~ 1~ 1.1. ~~ ~~~r~ (hereinAfter called "Mortgagee") Whereas, Mortgagor has ex~uted and delivered to Mortgagee a certain Mortgage Note (hereinafter ^alled the "Note") of even date herewith, payable to the order of Mortgagee in the principal sum of ~ 7S 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 catntaining c rte a other terpinsvand conditions all of whi h are pouf tally ncorporAted here nhby d reference; Now, Tfierefur~e, 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 toeated in MONROF ~n~wt~tct-np _ ~'~~mberlflpd - _County, Pennsylvania SirE EXHIBIT "A" which currently has the address of 136b TCINER T3LVD fStrcztJ Carlisle Pennsylvania [Cityl a.cc~ No ~~PN~p 170ts ._. [zip Coda Page 1 OF 4 ~4tI9~fPG0225 Together with the buildings and improvements erected thereon, the appurtenances thereunto belonging and the reversions, remainders, rents, issues and profits thereof. To HAWC and To Hold the same unto Mortgagee, its successors and assi~ms, forever- Provided, Howovor, That if Mortgagor shall pay to Mortgagee the aforesaid debt or principal sum, including additional loans or advances and all other sums payabla by Mortgagor to Mortgagee hereunder and under the terms of the Note, together with interest thereon, and shal l keep and perform each of the other covenants, conditions and agrooments hereinafter set forth, than 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 heraby shall evidtlnce and this Mortrtggage shall cover attd bo steurity for any ftituro 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 full y paid, Mortgagor shall: (a) pay and discharge, when and as the same shall become duo and payabla, alt taxes, assessments, sower and water rents, and all other charges and ola;ms assessed or levied from lima to time by any lawful authority upon any part of the mortgaged premises and which shall or might have priority in Herr or payment to the debt secured hereby, (b) pay all ground rents reserved from the mortgaged promises and pay and discharge all mechanics' lions which may be filed against said premises and which shall or might have priority in Tian or payment to the debt secured heraby, (c) pay and discharge any documentary stamp or other tax, includrng 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 fmm time to time require upon the buildings and improvements now or hcraeftar erected upon the mortgaged premises, with loss payable clauses in favor of Mortgagor and Mortgagee as their respective interests may appear, and (o) 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 6y Mortgagee. Mortgagee shall have the right to enter upon the mortgaged promises at any reasonable hour for the purpose of inspecting the ardor, condition and repair of the buildings and improvements eructed thereon. Acct No APP~_. ~ _ Pepe 2 of 4 8K! 96 I PG0227 (~) Tn the event Mortgagor neglects or refuses to pay the charges mentioned at (2) above, or fai Is to ntainte.in 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 seed 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, lion or charge which would be prior to, or on a parity with, tho lien of this Mortgage. (6) in case default be made for the space: of thirty (30) days in the payment of airy installment of principal or interest pursuant to the torms ofthe Note, or in the performance by Mortgagor of any of the ether obligations of the Notc or this Mortgage, tho entire unpaid balance of said principal sum, additional loans ear advances and all other sums paid by Mortgagee pursuant to the terms otPthe Note or this Mortgage, together with unpaid interest thesreon, shall at the aptien 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 casts of quit wtd an attorney's commission for cal Icetion of five percent (5°/n) of the total indebtedness or $200, whichever is the larger amount. Mortgagor hesreby forever waives and releases all errors in said proceedings, waives stay of execution, the right of inquisition and extension of timo of payment, agrees to condemnation of any parry leviod upon by virtue of any such axcouticn, 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 securod by this Mortgage, this Mortgage and the estate conveyed shall terminate and becornc void. After such occurrence, Mortgagoo shall discharge and satisfy this Mortgage. Mortgagor shall pay any recordation costs, Mortgagees may charge Mortgagor a foe for releasing this Mortgage, but only if tho fee is paid to a third parry far services rendered and the charging of the fee is }~ermitteed under Appl icabla 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, esxeeutars, 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. ncc, No .__._ al~p1D Page s ar a ~~K r~~ i Pcozzs Witness the due execution hereof the day and year ~~..~,!~ R I.INN S SAIAS Commonwealth of Pennsylvania ) ) SS: County of (71A~FRi~~, ) On this, the 1 day of ,2006 betbre me, ~»~ ~ -, t~X~. ; t e unFiT dorsi0nod ofi`icer, personally appeared SatlSfaCtGrlty prOVen 1Q meta e e person a w o i ) cribe to the within Mortgage, and acknowledged that he/she executed the same for the purposes therein contained. Tn Witness Whereof, I hereunto set my hand and official seal. .. My commission expires: COMMO WGALTW (1F P„eNNBYY.UANtA Norarial coal Melissa J. Gre9nwood, Notary PublfC Lower Allan "M+p. Cumberland County My Commission ~xpireB May 12, 2007 Member, ~enncyl~arna AeccclaUon of NctsrtnC Nlembera 1sT rederal Credit Union, Mortgagee within named, hereby certifies that its residence iy 5000 jaouisc Drive, Mechanicsburg, PA ] 7055. ~~ aY _~~ ..._._. -. Acct No _ ___ Apply . _ _ Page 4 of A E~~1961PG0229 EXHIBIT A All that certain property situated in the Township of Monroe, ~n the County of Cumberland, Commonwealth o#: Pennsylvania , and bea.ng described as follows: 22240771001. Being more fully described in a deed dated January 11, 2006 and reccarded ,Tanuary 18, 2006, among the land records of the County and State set Earth above, in Deed Volume 272 and Page 4028. Pex~[nanent Marcel Number; 22240771001 JAMES R. LIMN 1366 KINER HOUI+EVARD, CARLISLE PA 17013 T~oan Reference Number 160452 Fixst American Order No: X853163 zdentifi.er: FIRST AMERICAN LENDERS ADVANTAGE IIII~I1111~11111111111~~IN~ - AB 3163 FIRST AMERICAN' LENpER5 pQYANTAGE MORTGAGE Illil) Illillli llllllllliliilllllllllllllllllilll ~~ .~ , _.. _ a p V ~~~9~i~GO~~a VERIFICATION I, Dan Summers, Collections Manager far Members I S` Federal Credit Union, acknowledge that I have the authority to execute this Verification on behalf of Members 1 S` Federal Credit Union and certify that the foregoing Complaint 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 I sT FEDERAL CREDIT UNION Y~ Dan Summers, Collections Manager F:IFILES1CIirnu\ 11470 Members i a\ 11470 Curtent\I 1470.222 Condnution Serviw.Linn\11470.222.wm l.wp4 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY f~;LEi~-~f=F1t~ C± ~ ~,~~ r'~OTHOt~t? f +Y ~a~~ttp of ~1trNbrrl,~~m 212 NOY -9 AM 8~ 36 ~;~ tip. cuM~~RC.a~~ eou~r~ f~F~~~E AFT..:- e~~Ri~F PENNSY~,VANiA Members 1st FCU Case Number vs. 2012-6610 James R. Linn (et al.) SHERIFF'S RETURN OF SERVICE 11/05/2012 03:55 PM -Deputy Dennis Fry, being duly sworn according to law, served the requested Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be Crystal Salas, step daughter, who accepted as "Adult Person in Charge" for James R. Linn at 1366 Kiner Boulevard, Monroe Township, Carlisle, PA 17015. -- DE IS FRY, DES Y 11/05/2012 03:55 PM -Deputy Dennis Fry, being duly sworn according to law, served the requested Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be Crystal Salas, Daughter, who accepted as "Adult Person in Charge" for Rufina B. Salas at 1366 Kiner Boulevard, Monroe Township, Carlisle, PA 17015. SHERIFF COST: $50.45 November 07, 2012 DE IS FRY, D SO ANSWERS, RON R ANDERSON, SHERIFF .;c) ~cuntySuite Shenft, Teleasoft, Ino_ FARLESUients11 1470 Mernbersist\1 1470 CurrenN 1470222 Construction Serviceslinn\i 1470.222.mot,staymptl C= 41 —0 Christopher E. Rice, Esquire :2-1 M n :;v Attorney I.D.No. 90916 V)r- CD Seth T. Mosebey, Esquire -.-I Attorney I.D.No. 203046 C-) CD MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MEMBERS I s'FEDERAL CREDIT IN THE COURT OF COMMON PLEAS OF UNION, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 2012 - 6610 CIVIL TERM JAMES R. LINN and RUFINA B. SALAS, Defendants IN MORTGAGE FORECLOSURE PLAINTIFF'S MOTION TO LIFT THE STAY AND NOW,comes Plaintiff Members l"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" Federal Credit Union ("Plaintiff"), is a federally chartered credit union located at 5000 Louise Drive, Mechanicsburg, Pennsylvania 17055. 2. Defendant James R. Linn is an adult individual with a last known address of 1366 Kiner Boulevard, Carlisle, Pennsylvania 17015. 3. Defendant Rufina B. Salas is an adult individual with a last known address of 1366 Kiner Boulevard, Carlisle, Pennsylvania 17015. 4. Plaintiff filed a Complaint in Mortgage Foreclosure in the above-captioned mortgage foreclosure action on October 25, 2012, and forwarded a copy of the Complaint in Mortgage Foreclosure to the Cumberland County Sheriff for service upon Defendants. 5. The Complaint in Mortgage Foreclosure included a Notice ofthe Cumberland County Residential Mortgage Foreclosure Diversion Program as well as the Financial Worksheets. (See Complaint in Mortgage Foreclosure). 6. According to the Sheriffs Return of Service, Defendants were served with the Complaint in Mortgage Foreclosure on November 5, 2012. A true and correct copy of the Sheriff's Return of Service is attached hereto and incorporated herein as Exhibit"A." 7. Per Administrative Order dated February 28,2012,a 60 day Automatic Stay is placed on all residential mortgage foreclosure actions in Cumberland County. 8. In order to participate in the Cumberland County Mortgage Diversion Program, Defendants were 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 or about January 4, 2013. 9. Upon information and belief, Defendants have not filed a Request for Conciliation Conference in this matter and have not opted into the Diversion Program. 10. No judge has previously ruled in this matter. 11. Plaintiffhas written to Defendants requesting concurrence in this Motion. Defendants have not concurred with this Motion. WHEREFORE, Plaintiff requests this Court issue an Order lifting the Stay in this matter. MARTSON LAW OFFICES By: Christopher E. Rice, Esq I.D.I xTZh Ono No. 90916 Seth T. Mosebey, Esquire I.D. No. 203046 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Date: April 23, 2013 Attorneys for Plaintiff This is a debt collecting firm attempting to collect a debt for Members V 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 OFFiCe OF TRE$HERIFF Members 1st FCLI . Case Number vs. James R. Linn (et al.) 2012-6610 SHERIFF'S RETURN OF SERVICE 11/05/2012 03:55 PM-Deputy Dennis Fry, being duly sworn according to law, served the requested Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be Crystal Salas, step daughter,who accepted as"Adult Person in Charge"for James R. Linn at 1366 Kiner Boulevard, Monroe Township, Carlisle, PA 17015. DE IS FRY, DEPOTY 11/05/2012 03:55 PM-Deputy Dennis Fry, being duly sworn according to law, served the requested Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be Crystal Salas, Daughter, who accepted as"Adult Person in Charge"for Rufina B. Salas at 1366 Kiner Boulevard, Monroe Township, Carlisle, PA 17015. DE IS FRY,9ji-K SHERIFF COST: $50.45 SO ANSWERS, November 07, 2012 RbNW FANDERSON, SHERIFF (c)CounlysLiite siiera,,rcir-osoft,im. A 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. James R. Linn Ms. Rufma B. Salas 1366 Kiner Boulevard Carlisle, PA 17015 MARTSON LAW OFFICES By: M Price Ten ast High Street Carlisle, PA 17013 Dated: �41asll3 (717) 243-3341 MEMBERS I"FEDERAL CREDIT IN THE COURT OF COMMON PLEAS OF UNION, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 2012 - 6610 CIVIL TERM JAMES R. LINN and RUFINA B. SALAS, Defendants IN MORTGAGE FORECLOSURE ORDER AND NOW,this day of t4a 2013,upon consideration ofPlaintiff s Motion to Lift the Stay, it appearing that Defendants have not opted in to the Cumberland County Residential Mortgage Foreclosure Diversion Program by filing a Request for Conciliation Conference within 60 days of the date of service upon them of the Amended Complaint in this action, and it further appearing that the 60 day deadline to file the said Request has expired, said Motion is hereby granted and it is Ordered that the Stay is hereby lifted. BY THE COURT, J. Distribute to: ,?ristopher E. Rice Esquire MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 Counsel for Plaintiff r. James R. Linn s. Rufina B. Salas 1366 Kiner Boulevard Carlisle, PA 17015 Pro Se Z:m rn ..<:t> C:) r-2-' -0 =: C t= =C:> Christopher E. Rice, Esquire Attorney I.D. No. 90916 ;' s Seth T. Mosebey, Esquire = f r1 w Attorney I.D. No. 203046 2913 JUN � 3 MARTSON DEARDORFF WILLIAMS OTTO GILROY& FALLER ` � �r° � MARTSON LAW OFFICES ["UMBERL AND COUNTY 10 East High Street PENNSYLVANIA Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MEMBERS ls'FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS OF UNION, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : V. : NO. 2012 - 6610 CIVIL TERM JAMES R. LINN and RUFINA B. SALAS, : Defendants : IN MORTGAGE FORECLOSURE PRAECIPE TO THE PROTHONOTARY: Please enter default judgment in the above-captioned action in favor of Plaintiff and against Defendants James R. Linn and Rufina B. Salas in the amount of$49,260.29, plus interest from September 8,2012,at the rate of$8.96 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 Defendants James R. Linn and Rufina B. Salas on May 28, 2013, which date is subsequent to the date default occurred and at least ten (10) days prior to the date of this Praecipe. MARTSON LAW OFFICES By: X# J, 6�W_� .3 Christopher E. Rice, Esquir I.D. Number 90916 Seth T. Mosebey, Esquire I.D. No. 203046 j�,tl z) Ten East High Street Carlisle, PA 17013 `7,!0 (717) 243-3341 Dated: 6/�)//3 Attorneys for Plaintiff Christopher E. Rice, Esquire Attorney I.D. No. 90916 Seth T. Mosebey, Esquire Attorney I.D. No. 203046 MARTSON DEARDORFF WILLIAMS OTTO GILROY& FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717)243-3341 Attorneys for Plaintiff MEMBERS I" FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS OF UNION, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : NO. 2012 - 6610 CIVIL TERM JAMES R. LINN and RUFINA B. SALAS, Defendants : IN MORTGAGE FORECLOSURE IMPORTANT NOTICE TO: James R. Linn DATE OF NOTICE: May 28,2013 1366 Kiner Blvd.,Carlisle,PA 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 MARTSON LAW OFFICES By: J Seth T. Mosebey, Esquire This is a debt collecting firm attempting to collect a debt for Members 1" Federal Credit Union. Any information obtained will be used for that purpose. Christopher E. Rice, Esquire Attorney I.D. No. 90916 Seth T. Mosebey, Esquire Attorney I.D. No. 203046 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717)243-3341 Attorneys for Plaintiff MEMBERS 1" FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS OF UNION, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 2012 - 6610 CIVIL TERM JAMES R. LINN and RUFINA B. SALAS, Defendants : IN MORTGAGE FORECLOSURE IMPORTANT NOTICE TO: Rufina B. Salas DATE OF NOTICE: May 28,2013 1366 Kiner Blvd.,Carlisle,PA 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 MARTSON LAW OFFICES By: v S 4��-p eth T. Mosebey, Esquire This is a debt collecting firm attempting to collect a debt for Members Is`Federal Credit Union. Any information obtained will be used for that purpose. Christopher E. Rice, Esquire Attorney I.D. No. 90916 Seth T. Mosebey, Esquire Attorney I.D. No. 203046 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MEMBERS V FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS OF UNION, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : NO. 2012 - 6610 CIVIL TERM JAMES R. LINN and RUFINA B. SALAS, AFFIDAVIT AS TO MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA ) :SS. COUNTY OF CUMBERLAND ) Seth T. Mosebey,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 James R.Linn,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: 1366 Kiner Boulevard, Carlisle, Pennsylvania 17015. Said Defendant's place of employment is unknown. -,2� J, 0"�f, Seth T. Mosebey, Esqu' e Sworn to and subscribed before me this L34 day of , 2013. At',) •L/� MONWEALTH OF PENNSYLVANIA (� �'s' Notarial Seat N a ublic Mary M.Price,Notary Public Ceri, 9oro,Cumberland County �isslon Expires Aug.18,2015 e/ANIA pgSp6IATi0N OF NOTARIES Christopher E. Rice, Esquire Attorney I.D. No. 90916 Seth T. Mosebey, Esquire Attorney I.D. No. 203046 MARTSON DEARDORFF WILLIAMS OTTO GILROY& FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MEMBERS 1"FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS OF UNION, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : NO. 2012 - 6610 CIVIL TERM JAMES R. LINN and RUFINA B. SALAS, AFFIDAVIT AS TO MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA ) :SS. COUNTY OF CUMBERLAND ) Seth T. Mosebey,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 Rufina B. Salas, 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: 1366 Kiner Boulevard,Carlisle,Pennsylvania 17015. Said Defendant's place of employment is unknown. J� Seth T. Mosebey, Esquire Sworn to and sub cribed before me this day o , 2013. �w 'G ti, ^ Nq/arEjublic COtWONWE4LTH OF PENNSYLVANIA Notarial Seal ;mary M.PriceL No Public eoro,Crland County mission Ex Aug.18,2015 memo %-VANTA QATION Of NOTARIES Christopher E. Rice, Esquire Attorney I.D. No. 90916 Seth T. Mosebey, Esquire Attorney I.D. No. 203046 MARTSON DEARDORFF WILLIAMS OTTO GILROY& FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MEMBERS 1 S`FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS OF UNION, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 2012 - 6610 CIVIL TERM JAMES R. LINN and RUFINA B. SALAS, COMMONWEALTH OF PENNSYLVANIA ) SS COUNTY OF CUMBERLAND ) Seth T. Mosebey, 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 James R. Linn was given to him by mail on May 28, 2013. J, Seth T. Mosebey, Esquire Sworn to and subscr'bled before me this day of ' 2013. NgTar,4ublic COMMONWEALTH OF PENNSYLVANIA Notarial Seal Mary M.Price,Notary Public Carlisle Boro,Cumberland County My commission Expires Aug.18,2015 MEMBER,PENNSYI VANIA ASSOCIATION OF NOTARIES Christopher E. Rice, Esquire Attorney I.D. No. 90916 Seth T. Mosebey, Esquire Attorney I.D. No. 203046 MARTSON DEARDORFF WILLIAMS OTTO GILROY& FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MEMBERS F" FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS OF UNION, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : NO. 2012 - 6610 CIVIL TERM JAMES R. LINN and RUFINA B. SALAS, COMMONWEALTH OF PENNSYLVANIA ) SS COUNTY OF CUMBERLAND ) Seth B. Mosebey,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 Rufma B. Salas was given to her by mail on May 28, 2013. J' Seth T. Mosebey, Esquire Sworn to and subsc ibed before me this�day o , 2013. No ry blic COMMONWEALTH OF PENNSYLVANIA Notarial Seal Mary M.Price,Notary Public cariisie Boro,Cumberiand County my Commission Expires Aug.18,2015 MEMW t,PENNSYLVANIA ASSOCIATION OF NOTARIES CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent of MARTSON DEARDORFF WILLIAMS OTTO GILROY&FALLER,hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: James R. Linn 1366 Kiner Boulevard Carlisle, PA 17015 Rufina 8. Salas 1366 Kiner Boulevard Carlisle, PA 17013 MARTSON LAW OFFICES By Aw)141, - M r0A. Price 16 E 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. FAFILES\Clients\l 1470 Members st\11470 Current\11470.222 Construction Services.Linn\11470.222.pra.default.wpd Christopher E. Rice, Esquire Attorney I.D. No. 90916 Seth T. Mosebey, Esquire Attorney I.D. No. 203046 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MEMBERS Isl FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS OF UNION, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 2012 - 6610 CIVIL TERM JAMES R. LINN and RUFINA B. SALAS, TO: JAMES R. LINN NOTICE OF ENTRY OF DEFAULT JUDGMENT You are hereby notified that on the 13 day of June, 2013,the following Judgment was entered against you in the above-captioned action: Judgment in the amount of$49,260.29, plus interest from September 8,2012,at the rate of$8.96 per day until the debt is paid in full,along with any additional costs or attorney fees incurred atherea , ilure to ile an Answer Plaintiff s Complaint. Date: �'/3•/3 �....•� . Prothonotary I hereby certify that the name and address of the proper person to receive this notice under Pa. R. Civ. P. 236 is: James R. Linn 1366 Kiner Boulevard Carlisle, PA 17015 Christopher E. Rice, Esquire Attorney I.D. No. 90916 Seth T. Mosebey, Esquire Attorney I.D. No. 203046 MARTSON DEARDORFF WILLIAMS OTTO GILROY& FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MEMBERS F" FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS OF UNION, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 2012 - 6610 CIVIL TERM JAMES R. LINN and RUFINA B. SALAS, TO: RUFINA B. SALAS NOTICE OF ENTRY OF DEFAULT JUDGMENT You are hereby notified that on the 13"-day of June, 2013, the following Judgment was entered against you in the above-captioned action: Judgment was entered against you in the above-captioned action $49,260.29, plus interest from September 8, 2012, at the rate of$8.96 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: 4 -13 -1 Jotary I hereby certify that the name and address of the proper person to receive this notice under Pa. R. Civ. P. 236 is: Rufina B. Salas 1366 Kiner Boulevard Carlisle,PA 17013 r [�L�µ-(7�Orp^�is p F ARLES\Clients\11470 Members 1st\11470 Current\l 1470.222 Construction Services.Linn\11470.222.pral.execution.wpd Oil- THE C g jR 0 T O N O 1 A iN r' 2013 SE1 -3 AM R: 29 Christopher E. Rice, Esquire CUMBERLAND COUNTY Attorney I.D. No. 90916 PENNSYLVANIA Seth T. Mosebey, Esquire Attorney I.D. No. 203046 MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MEMBERS I"FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS OF UNION, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 2012 - 6610 CIVIL TERM JAMES R. LINN and RUFINA B. SALAS, Defendants : IN MORTGAGE FORECLOSURE PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please issue a writ of execution in the above matter, (1) directed to the Sheriff of Cumberland County; (2) against James R. Linn and Rufma B. Salas, Defendants; and (3) execute against real property known as 1366 Kiner Boulevard,Carlisle,Cumberland County,Pennsylvania, owned by Defendant James R. Linn,and identified on Exhibit"A"attached hereto. Principal Balance: $41,970.73 Late Charge: $ 45.20 Interest past due as of September 8, 2012: $ 1,744.36 Interest accruing at $8.96 per day from September 8, 2012: $ Court Costs and Fees: $ Attorney's Fees: $ 5,000.00 f afi Total Due: $ 4113.7T uf�lplc 4 3D u so s r pe �L ,.r7y3 6 * To be determined by the Cumberland County Sheriff. MARTSON LAW OFFICES By: !, 5: /L.f Christopher E. Rice, Esquire I.D. No. 90916 Seth T. Mosebey, Esquire I.D. No. 203046 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Date: 3 - 13 Attorneys for Plaintiff t - EXHIBIT "A" DOCKET NO. 2012 - 6610 Tax Parcel No. 22-24-0771-034 ALL that certain tract of land situate in Monroe Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: COMMENCE from an iron pin set at the northwest property corner of lands now or formerly of David and Linda Smith, said point being located on the eastern property line of lands now or formerly of William & Vera Brubacker; thence along lands now or formerly of David and Linda Smith North 56 degrees 57 minutes 03 seconds East a distance of 342.12 feet to an iron pin;thence along the same North 00 degrees 41 minutes 04 seconds East a distance of 89.45 feet to a point; thence along the northern right-of-way of Kiner Boulevard by a curve to the right having a radius of 60.00 feet, an arc length of 69.18 feet, a chord bearing of North 03 degrees 43 minutes 45 seconds West and a chord length of 65.41 feet to the point of beginning; BEGINNING at a point on the northern right-of-way of Kiner Boulevard, said point being the southeastern property corner of Lot 1 of the Final Subdivision Plan for John Linn;thence along Lot 1 North 60 degrees 41 minutes 50 seconds West a distance of 107.74 feet to a point; thence along the same North 44 degrees 34 minutes 46 seconds West a distance of 532.29 feet to a point; thence along lands now or formerly of Agnes Deel,North 56 degrees 31 minutes 13 seconds East a distance of 229.29 feet to a point; thence along lands now or formerly of Glenn & Vicki Ocamb and lands now or formerly of Floyd& Kathleen Eckenroad, South 44 degrees 34 minutes 46 seconds East a distance of 691.01 feet to a point; thence along the northern right-of-way of said Kiner Boulevard the following 4 courses and distances: 1) Curve to the left having a radius of 1178.79 feet, an arc length of 36.60 feet, a chord bearing of South 68 degrees 19 minutes 04 seconds West and a chord length of 36.60 feet to a point; 2) South 67 degrees 08 minutes 23 seconds West a distance of 71.08 feet to a point; 3) South 64 degrees 47 minutes 54 seconds West a distance of 20.08 feet to a point; 4) Curve to the left having a radius of 60.00 feet, a curve length of 105.63 feet,a chord bearing of South 79 degrees 44 minutes 18 seconds West and a chord length of 92.51 feet to the point of beginning. BEING identified as LOT 2. TO BE SOLD AS THE PROPERTY OF JAMES R. LINN ON JUDGMENT ENTERED AT THE ABOVE NUMBER AND TERM. Christopher E. Rice, Esquire Attorney I.D. No. 90916 lip THE PROTHONOTAFN"11 Seth T. Mosebey, Esquire 2013SEP -3 AM11: 29 Attorney I.D. No. 203046 MARTSON LAW OFFICES CUMBERLAND COUNTY 10 East High Street PENNSYLVANIA Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MEMBERS 1"FEDERAL CREDIT IN THE COURT OF COMMON PLEAS OF UNION, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 2012 - 6610 CIVIL TERM JAMES R. LINN and RUFINA B. SALAS, Defendants 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 the Writ of Execution was filed,the following information concerning the real property located at 1366 Kiner Boulevard, Carlisle, Cumberland County, Pennsylvania, and as further described in Exhibit"A" attached hereto: I Name and address of owner(s) or reputed owner(s): James R. Linn 1366 Kiner Boulevard Carlisle, PA 17015 2. Name and address of defendant(s) in the judgment: James R. Linn 1366 Kiner Boulevard Carlisle, PA 17015 Rufina B. Salas 1366 Kiner Boulevard Carlisle, PA 17015 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Members V Federal Credit Union 5000 Louise Drive Mechanicsburg, PA 17055 Harry Grossman 275 Hillside Drive New Cumberland, PA 17070 Harry Grossman c/o David J. Lanza,Esquire 2132 Market Street Camp Hill, PA 17011 United States Department of the Treasury Internal Revenue Service 500 Woodward Avenue Detroit, MI 48226 United States Department of the Treasury 228 Walnut Street Harrisburg, PA 17108 Internal Revenue Service Attn: Collection Advisory Group Manager 1000 Liberty Avenue, Room 704 Pittsburgh, PA 15222 Internal Revenue Service Attn: Collection Advisory Group Manager 600 Arch Street, Room 3259 Philadelphia, PA 19106 4. Name and address of the last recorded holder of every mortgage of record: Members I" Federal Credit Union 5000 Louise Drive Mechanicsburg, PA 17055 5. Name and address of every other person who has any record lien on the property: 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 of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Rufma B. Salas 1366 Kiner Boulevard Carlisle, PA 17015 1 verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. MARTSON LAW OFFICES Date: By: Christopher E. Rice, Esquire EXHIBIT "A" DOCKET NO. 2012 - 6610 Tax Parcel No. 22-24-0771-034 ALL that certain tract of land situate in Monroe Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: COMMENCE from an iron pin set at the northwest property comer of lands now or formerly of David and Linda Smith, said point being located on the eastern property line of lands now or formerly of William & Vera Brubacker; thence along lands now or formerly of David and Linda Smith North 56 degrees 57 minutes 03 seconds East a distance of 342.12 feet to an iron pin;thence along the same North 00 degrees 41 minutes 04 seconds East a distance of 89.45 feet to a point; thence along the northern right-of-way of Kiner Boulevard by a curve to the right having a radius of 60.00 feet, an arc length of 69.18 feet, a chord bearing of North 03 degrees 43 minutes 45 seconds West and a chord length of 65.41 feet to the point of beginning; BEGINNING at a point on the northern right-of-way of Kiner Boulevard, said point being the southeastern property comer of Lot I of the Final Subdivision Plan for John Linn;thence along Lot I North 60 degrees 41 minutes 50 seconds West a distance of 107.74 feet to a point; thence along the same North 44 degrees 34 minutes 46 seconds West a distance of 532.29 feet to a point;thence along lands now or formerly of Agnes Deel,North 56 degrees 31 minutes 13 seconds East a distance of 229.29 feet to a point; thence along lands now or formerly of Glenn & Vicki Ocamb and lands now or formerly of Floyd& Kathleen Eckenroad, South 44 degrees 34 minutes 46 seconds East a distance of 691.01 feet to a point; thence along the northern right-of-way of said Kiner Boulevard the following 4 courses and distances: I Curve to the left having a radius of 1178.79 feet, an arc length of 36.60 feet,a chord bearing of South 68 degrees 19 minutes 04 seconds West and a chord length of 36.60 feet to a point; 2) South 67 degrees 08 minutes 23 seconds West a distance of 71.08 feet to a point; 3) South 64 degrees 47 minutes 54 seconds West a distance of 20,08 feet to a point; 4) Curve to the left having a radius of 60.00 feet, a curve length of 105.63 feet,a chord bearing of South 79 degrees 44 minutes 18 seconds West and a chord length of 92.51 feet to the point of beginning. BEING identified as LOT 2. TO BE SOLD AS THE PROPERTY OF JAMES R. LINN ON JUDGMENT ENTERED AT THE ABOVE NUMBER AND TERM. Christopher E. Rice, Esquire flL.E 0_0 F F IrCE Attorney I.D. No. 90916 0!` THE PROTHONO j-A y Seth T. Mosebey, Esquire Attorney I.D. No. 203046 7013 SEP —3 AM 11 29 MARTSON LAW OFFICES CUMBERLAND Conti[.Y 10 East High Street PENNSYLVANIA Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MEMBERS 15`FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS OF UNION, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : NO. 2012 - 6610 CIVIL TERM JAMES R. LINN and RUFINA B. SALAS, Defendants : IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.2 TAKE NOTICE that the Sheriff's Sale of Real Property will be held on December 4,2013, by the Cumberland County Sheriff's Office, at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania, 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 HERETO). THE LOCATION of the property to be sold is 1366 Kiner Boulevard, Carlisle, Pennsylvania 17015. THE JUDGMENT under or pursuant to which the property is being sold is docketed to: No. 2012-6610, Cumberland County C.C.P., Pennsylvania. THE NAME OF THE OWNER OR REPUTED OWNER OF THE PROPERTY IS James R. Linn. A SCHEDULE OF DISTRIBUTION, being listed of the persons and/or government or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff(for example,to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff within thirty(30) days after the sale, and distribution of the proceeds of the sale in accordance with this schedule will, in fact,be made unless someone objects by filing exceptions to it within ten(10)days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of Cumberland County, Cumberland County Courthouse, 1 Courthouse Square, Room 303, Carlisle, Pennsylvania 17013, (717) 240-6390. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY OR PROPERTY RIGHTS. It has been issued either because there is a Judgment against you or because the sale of real property described herein may affect an interest you have in the real property. It may cause your property to be held,sold or taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL ADVICE. Cumberland County Bar Association 34 South Bedford Street Carlisle, PA 17013 (717) 249-3166 MARTSON LAW OFFICES By: C"�/' Christopher E. Rice, Esquire I.D. 90916 Seth T. Mosebey, Esquire I.D. 203046 10 East High Street Carlisle, PA 17013 �y (717) 243-3341 Date: / '3 " �3 Attorneys for Plaintiff EXHIBIT "A" DOCKET NO. 2012 - 6610 Tax Parcel No. 22-24-0771-034 ALL that certain tract of land situate in Monroe Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: COMMENCE from an iron pin set at the northwest property comer of lands now or formerly of David and Linda Smith, said point being located on the eastern property line of lands now or formerly of William & Vera Brubacker; thence along lands now or formerly of David and Linda Smith North 56 degrees 57 minutes 03 seconds East a distance of 342.12 feet to an iron pin;thence along the same North 00 degrees 41 minutes 04 seconds East a distance of 89.45 feet to a point; thence along the northern right-of-way of Kiner Boulevard by a curve to the right having a radius of 60.00 feet, an arc length of 69.18 feet, a chord bearing of North 03 degrees 43 minutes 45 seconds West and a chord length of 65.41 feet to the point of beginning; BEGINNING at a point on the northern right-of-way of Kiner Boulevard, said point being the southeastern property corner of Lot I of the Final Subdivision Plan for John Linn;thence along Lot I North 60 degrees 41 minutes 50 seconds West a distance of 107.74 feet to a point; thence along the same North 44 degrees 34 minutes 46 seconds West a distance of 532.29 feet to a point; thence along lands now or formerly of Agnes Deel,North 56 degrees 31 minutes 13 seconds East a distance of 229.29 feet to a point; thence along lands now or formerly of Glenn & Vicki Ocamb and lands now or formerly of Floyd& Kathleen Eckenroad, South 44 degrees 34 minutes 46 seconds East a distance of 691.01 feet to a point; thence along the northern right-of-way of said Kiner Boulevard the following 4 courses and distances: 1) Curve to the left having a radius of 1178.79 feet,an arc length of 36.60 feet,a chord bearing of South 68 degrees 19 minutes 04 seconds West and a chord length of 36.60 feet to a point; 2) South 67 degrees 08 minutes 23 seconds West a distance of 71.08 feet to a point; 3) South 64 degrees 47 minutes 54 seconds West a distance of 20.08 feet to a point; 4) Curve to the left having a radius of 60.00 feet, a curve length of 105.63 feet,a chord bearing of South 79 degrees 44 minutes 18 seconds West and a chord length of 92.51 feet to the point of beginning. BEING identified as LOT 2. TO BE SOLD AS THE PROPERTY OF JAMES R. LINN ON JUDGMENT ENTERED AT THE ABOVE NUMBER AND TERM. c Christopher E. Rice, Esquire Attorney I.D. No. 90916 . �E PROTHONO T Ai% Seth T. Mosebey, Esquire 01 Attorney I.D. No. 203046 2013 SEP _3 AM It: 29 MARTSON LAW OFFICES 10 East High Street CUMBERLAND COUNTY Carlisle, PA 17013 PENNSYLVANIA (717) 243-3341 Attorneys for Plaintiff MEMBERS I"FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS OF UNION, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 2012 - 6610 CIVIL TERM JAMES R. LINN and RUFINA B. SALAS, Defendants : IN MORTGAGE FORECLOSURE NOTICE UNDER RULE 2958.2 OF JUDGMENT AND EXECUTION THEREON Notice of Defendants' Rights TO: James R. Linn A judgment in the amount of$49,260.29 has been entered against you and in favor of the plaintiff without any prior notice or hearing based on a confession of j udgment contained in a written agreement or other paper allegedly signed by you. The court has issued a writ of execution which directs the sheriff to levy upon and sell certain real property owned by you to pay the judgment. The sheriff's sale has been scheduled for December 4, 2013. You may have legal rights to defeat the judgment or to prevent or delay the sheriff's sale. I. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY(30)DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. II. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY(30)DAYS AFTER THE DATE ON WHICH THIS V l NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. YOU SHOULD TAKE THIS PAPER 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. 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 34 South Bedford Street Carlisle, PA 17013 (717) 249-3166 MARTSON LAW OFFICES By Christopher E. Rice, Esquire Attorney I.D. No. 90916 Seth T. Mosebey, Esquire Attorney I.D. No. 203046 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: 3 Attorneys for Plaintiff Christopher E. Rice,Esquire ! D-0FF1'CE Attorney I.D. No. 90916 CF THE PRO THONO TAR`- Seth T. Mosebey, Esquire Attorney I.D. No. 203046 2013 SEP -' 3 AM ft 29 MARTSON LAW OFFICES CUMBERLAND COUN T 10 East High Street PENNSYLVANIA Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MEMBERS I"FEDERAL CREDIT IN THE COURT OF COMMON PLEAS OF UNION, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 2012 - 6610 CIVIL TERM JAMES R. LINN and RUFINA B. SALAS, Defendants IN MORTGAGE FORECLOSURE NOTICE UNDER RULE 2958.2 OF JUDGMENT AND EXECUTION THEREON Notice of Defendants' Rights TO: Rufina B. Salas A judgment in the amount of$49,260.29 has been entered against you and in favor of the plaintiff without any prior notice or hearing based on a confession ofludgment contained in a written agreement or other paper allegedly signed by you. The court has issued a writ of execution which directs the sheriff to levy upon and sell certain real property owned by you to pay the judgment. The sheriffs sale has been scheduled for December 4,2013. You may have legal rights to defeat the judgment or to prevent or delay the sheriff s sale. 1. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY(30)DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. 11. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY(3 0)DAYS AFTER THE DATE ON WHICH THIS t NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. YOU SHOULD TAKE THIS PAPER 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. 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 34 South Bedford Street Carlisle, PA 17013 (717) 249-3166 MARTSON LAW OFFICES By C�'4 5-. /Z'—' Christopher E. Rice, Esquire Attorney I.D. No. 90916 Seth T. Mosebey, Esquire Attorney I.D. No. 203046 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: Attorneys for Plaintiff WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 2012-6610 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MEMBERS 1ST FEDERAL CREDIT UNION Plaintiff(s) From JAMES R. LINN and RUFINA B. SALAS (1) You are directed to levy upon the property of the defendant(s)and to sell SEE LEGAL DESCRIPTION You are also directed to attach the property of the defendant(s)not levied upon in the possession of GARNISHEES)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, (2) 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$41,970.73 Plaintiff Paid$ Interest PAST DUE AS OF SEPTEMBER 8,2012-$1744.36 -INTEREST ACCRUING AT$8.96 PER DAY FROM SEPTEMBER 8,2012 Attorney's Comm. % $5000.00 Law Library$.50 Attorney Paid$199.20 Due Prothonotary$2.25 Other Costs$45.20-LATE FEES Date: Sept.3,2013 David D. Buell,Prothonotary (Seal) Deputy REQUESTING PARTY: Name : Christopher E.Rice, Esq. Address: Martson Law Offices,Ten East High Street,Carlisle,PA 17013-3093 Attorney for: Plaintiff Telephone: 717-243-3341 Supreme Court ID No. 90916 Christopher E. Rice, Esquire , Attorney I.D. No. 90916 ?963 SEP 24 PM `� i u S �a Seth T. Mosebey, Esquire ` I Attorney I.D. No. 203046 CUMi3ERLANI) C-MBER _/dk:;PENNSYLY OU T , PENNSYr VAMARTSON LAW OFFICES f �;. 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 - 6610 CIVIL TERM JAMES R. LINN and RUFINA B. SALAS, Defendants : IN MORTGAGE FORECLOSURE AFFIDAVIT OF NOTIFICATION Christopher E.Rice,Esquire,attorney for Plaintiff,first having been duly affirmed according to law, deposes and says that on or about the 23rd day of September, 2013, he notified all lien creditors and any other parties listed in the 3129.1 affidavit of the sheriff's sale in the above- captioned action. Notification was sent by regular mail. The 3817 certificates of mailing are attached hereto. Affirmed and subscribed to before me this�day of September, 2013. N to Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Christopher E. Rice, Esquire Mary M.Price,Notary Public carllsle Bm,Cumberland County I.D. No. 90916 me commtwon Evire-S Aug.18,2015 Ten East High Street 1IgN OF NOTARIES Carlisle, PA 17013-3093 (717) 243-3341 Date: 9/24/13 Attorneys for Plaintiff C UNITED STATES Certificate Of 30VISOd Sn POSTAL SERVIC& Mailing TMa Grtiflcate of Mallhig Provides evkl W"that mail has been presented to USPS®for mailing. This forth may be used(or domeaffe and Intematbnal mall. M From: O O P-LO 10 Rast "4;h str"MAM ~ S N R o m U. Carlisle, PA 170 °' o F- to), 1 ICTO > b31SVH i To� Harry Grossman 275 Hillside Drive New Cumberland, PA 17020 PS Fnrm 3817 Anril 2007 PSN 7530-02-000-9065 ''� UNITEDSTATES Certificate Of 30d1s0d sn J POSTAL SERVIC& Mailing This cortiBcate of MaNMg provides eviderme that mail has been presented to USPS®for mailing. � This form may be uaet!for domeatk and trtMrnatbrtal mall. QFrom: r- `°' Cy cQ' 1(1 Farr Migh T U. Carlisle, PA 17013 jE O U31SVH 47zf v ru �. To: Harry Grossman a' c/o David J. Lanza, Esquire O �^ Market Street Camp Hill, PA 17011 ,r PC Fnrm 3817 Anril 2007 PSN 7530-02-000-9065 ` UNITEDST/dTES -TOV1SCid SM ; POSTdL SERVICE Certificate Of 1111111111111 Is CertNicato of MailMg prpva. Mailin This form ma evidence that mail has been Y to uaad domestic and Mtsmatlonal mail presented to USPS®for mailing. From: fn r. 01 r- N Q C r? U) N Carlisle, PA 17013 V ij- �s� se TO:United States De i Cb partment o - 'kX to Treasur� 228 Walnut Street Harrisburg, PA 17108 PC Fn 1 3$17 Anvil 2007 P 1 7530-02-000-9065 JUUNITED STUES Certificate Of 3E)VJLSOd sn POSTAL SERVICEt Mailing t This Certificate of Mailing provides evidence that mail has been presented to USPS®for mailing. This form may be used for domestic and international mail. �} r- From: 01 t2 [+ C_) s• n Gy s r Carlisle, PA 17013 `b a V r ° 0) r � 2#31S� i To: United Internal Revenue Service "* 500 Woodward Avenue a Detroit, MI 48226 PC Fnrm 3817 Anril 2007 PSN 7530-02-000-9065 "°!� UNITEDSTJITES Certificate Of 1'OST/�L SERVICE Mailin 30Vlsod sn This CertHicats 01 Mailing provides evidence that mall has been presented to USPS®for mailing. This Conn may be used for domestic and international mail. From: INIARTSON LAW OF c;sn to c 10 East High Street �yp� T� N R M To: Internal Revenue Service o,/ dd U31SVH " Attn: Collection Advisory Group Manager . 1000 Liberty Avenue, Room 704 Pittsburgh, PA 15222 PC Fnrrn 3817 Andl 2007 PSN 7530-02-000-9065 UNITED STATES Certificate Of POSTAL SERVICE* Mailing 3Odlsod sn"den This Certificate form y b Of Maed ford mastic a n�tethat mail l Mon. n presented to USPS®for mailing. From: V) IMARTSON LAW OFFT c 1-- o CV � 10 East High Street y �Q N W �_ •- B � ° 6' i 21315`dH To: Internal Revenue Service Attn: Collection Advisory Group Manager . 600 Arch Street, Room 3259 Philadelphia, PA 17055 7� P¢r,,"3817 A.61 2007 PSN 7530-02-000-9065 UNITEDSTATES Certificate Of POSTAL SERVICEat Mailing 39d15Od sn This Certlfieate of Mailing provides evidence that mail has been presented to LISPS®for mailing. This torn may be used for domestic and International mall. From: th :vIARTSON LAW OFFI S C�� o M o 10 East High Street Q,� N R o Irl ' a-:nsvH To: Members 1st Federal Credit Union 5000 Louise Drive Mechanicsburg, PA 17055 PR Fnrm 3817 And 2007 PSN 7530-02-000-9065 UNITED STATES Certificate Of POSTAL SERVICEn Mailing 3!E)tI1sOd sn This Cert"Icate of Man"provides evidence that mail has been presented to USPS®for mailing. This form may be used for domestic and International mail. From: M r ti OI MARTSON LAW OFFICES N N s 10 East High Street LL 10-,S-V H To: Rufina B. Salas 1366 Kiner Boulevard Carlisle, PA 17013 b,`: Pc Fnrm 3817 Andl 2007 PSN 7530-02-000-9065 , e 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 of Notification was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: James R. Linn Rufma B. Salas 1366 Kiner Boulevard Carlisle, PA 17015 MARTSON LAW OFFICES By , ' Mdry6f. Price 10 East High Street Carlisle, PA 17013 Dated: Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY y�- PRO THE K /A AN 9/ t; I CUMBERLAND COUNTY Members 1st ECU vs. James R. Linn (et al.) Case Number 2012-6610 SHERIFF'S RETURN OF SERVICE 09/23/2013 03:14 PM - Deputy Jamie DiMartle, 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 1366 Kiner Boulevard, Monroe - Township, Carlisle, PA 17013, Cumberland County. 09/23%2013 03:14 PM - Deputy Jamie DiMartle, 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 Allison Sassani, Daughter in Law, who accepted as "Adult Person in Charge" for James R. Linn at 1366 Kiner Boulevard, Monroe Township, Carlisle, PA 17015, Cumberland County. 08/23/2013 03:14 PM - Deputy Jamie DiMartle, 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 Allison Sassani, Daughter in Law, who accepted as "Adult Person in Charge" for Rufina B. Sales at 1366 Kiner Boulevard, Monroe Township, Carlisle, PA 17015, Cumberland County. 11/15/2013 As directed by Christopher E Ricn, Attorney for the P|aindff, Sheriffs Sale Continued to 3/12/2014 03/11/2014 Ronny R Anderson, Sheriff, being duly sworn according to \ew, states that this writ is returned "stayed", per letter of instruction from Attorney. SHERIFF COST: $1.002.83 SO ANSWERS, March 14, 2014 RONNYR ANDERSON, SHERIFF ca,'*���'mw� ^�� _~,' ,ed fs"--v ��� ��^ "_,� �P���»�-, �'� ^'��� woountywqe. releosott,mc On September 9, 2013 the Sheriff levied upon the defendant's interest in the real property situated in Monroe Township, Cumberland County, PA, Known and numbered as, 1366 Kiner Boulevard, Carlisle, as Exhibit "A" filed with this in writ and by this Reference incorporated herein. 1 Date: September 9, 2013 0 • By: teal Real Estate Coordinator LXII 41 CUMBERLAND LAW JOURNAL 10/11/13 Writ No. 2012-6610 Civil Term MEMBERS 1ST FCU vs. JAMES R. LINN, Rufina B. Salas Atty.: Christopher E. Rice DOCKET NO. 2012-6610. Tax Parcel No. 22-24-0771-034. ALL that certain tract of land situ- ate in Monroe Township, Cumber- land County, Pennsylvania, bounded and described as follows, to wit: COMMENCE from an iron pin set at the northwest property corner of lands now or formerly of David and Linda Smith, said point being located on the eastern property line of lands now or formerly of William 8s Vera Brubacker; thence along lands now or formerly of David and Linda Smith North 56 degrees 57 minutes 03 sec- onds East a distance of 342.12 feet to an iron pin; thence along the same North 00 degrees 41 minutes 04 sec- onds East a distance of 89.45 feet to a point; thence along the northern right-of-way of Kiner Boulevard by a curve to the right having a radius of 60.00 feet, an arc length of 69.18 feet, a chord bearing of North 03 degrees 43 minutes 45 seconds West and a chord length of 65.41 feet to the point of beginning; BEGINNING at a point on the northern right-of-way of Kiner Boul- evard, said point being the south- eastern property corner of Lot I of the Final Subdivision Plan for John Linn; thence along Lot I North 60 degrees 41 minutes 50 seconds West a dis- tance of 107.74 feet to a point; thence along the same North 44 degrees 34 minutes 46 seconds West a distance of 532.29 feet to a point; thence along lands now or formerly of Agnes Deel, North 56 degrees 31 minutes 13 sec- onds East a distance of 229.29 feet to a point; thence along lands now or formerly of Glenn 8s Vicki Ocamb and lands now or formerly of Floyd & Kathleen Eckenroad, South 44 78 degrees 34 minutes 46 seconds East a distance of 691.01 feet to a point; thence along the northern right- of-way of said Kiner Boulevard the following 4 courses and distances: 1) Curve to the left having a ra- dius of 1178.79 feet, an arc length of 36.60 feet, a chord bearing of South 68 degrees 19 minutes 04 seconds West and a chord length of 36.60 feet to a point; 2) South 67 degrees 08 minutes 23 seconds West a distance of 71.08 feet to a point; 3) South 64 degrees 47 minutes 54 seconds West a distance of 20.08 feet to a point; 4) Curve to the left having a radius of 60.00 feet, a curve length of 105.63 feet, a chord bearing of South 79 degrees 44 minutes 18 seconds West and a chord length of 92.51 feet to the point of beginning. BEING identified as LOT 2. TO BE SOLD AS THE PROPERTY OF JAMES R. LINN ON JUDGMENT ENTERED AT THE ABOVE NUMBER AND TERM. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : : ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: October 11, October 18 and October 25, 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. arie Coyne, Ed' o SWORN TO AND SUBSCRIBED before me this 25 da of October, 2013 NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 The Patriot -News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717 - 255 -8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 be IJatriotNews Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Marianne Miller, being duly sworn according to law, deposes and says: That she is the Assistant Controller 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 in and for said County of Dauphin in Miscellaneous Book "M ", Volume 14, Page 317. `emr..u2su ar dtano..)_(WVTJ3 012 -6610 Civil Term EMBERS 1ST FCU vs. JAMES R. LINN Ruflna B. Sales Atty: Christopher E Rice DOCKET NO. 2012-6610 Tax Parcel No. 22 -24 -0771 -034 ALL that certain tract of land situate in Monroe Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: COMMENCE from an iron pin set at fhe northwest property corner of lands now or formerly of David and Linda Smith, said point being located on the eastern property line of lands now or formerly of William & Vera Brubackcr, thence along lands now or formerly of David and Linda Smith North 56 degrees 57 minutes 03 seconds East a distance of 342.12 feet to an iron pin; thence along the same North 00 degrees 41 minutes 04 seconds East a distance of 89.45 feet to a point; thence along the northern right-of-way of Kiner Boulevard by a curve to the right having a radius of 60.00 feet, an arc length of 69.18 feet, a chord bearing of North 03 degrees 43 minutes 45 seconds West and a chord length of 65.41 feet to the point of beginning; BEGINNING at a point on the northem right-of-way of Kiner Boulevard, said point he.inv the snutheastern nrnnertv comer' of suiN This ad ran on the date(s) shown below: 10/13/13 10/20/13 10/27/13 Sworn to an 1 subscribed before me this 11 day of November, 2013 A.D. ry ublic MMONWEALTH OF PENNSYLVANIA Notarial Seal Holly Lynn Warfel, Notary Public Washington Twp., Dauphin County My Commission Expires Dec. 12, 2016 MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES