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HomeMy WebLinkAbout12-7501F:\FILES\Clients~11470 Memberslst1I1470 Current111470.229 Ross\l 11470.229.comp Christopher E. Rice, Esquire !~ \~~ t.... ~ _,,,.f Attorney LD. No. 90916 r, ; sza ~ ,~ ~'.? R. Christopher VanLandingham, Esquire ~ z~ ~ ~ ~- Attorney I.D. No. 307424 ~' Y, ;~ ~`' MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER ~ ~ --~ e~ ~ ~ -~ MARTSON LAW OFFICES ~' ~-a ~ ~' t-n ~~; rwY 10 East High Street ~ = ~~' : =' '' Carlisle, PA 17013 (717) 243-3341 -~ s~_, Attorneys for Plaintiff MEMBERS 1ST FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS OF UNION, :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : . ,a - 7501 v. NO. CIVIL TERM JAMES R. ROSS and DENISE M. ROSS, Defendants : IN MORTGAGE FORECLOSURE N TICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiffs. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCE FEE OR NO FEE: IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD A LAWYER Contact: Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 NOTICE REQUIRED UNDER THE FAIR DEBT COLLECTION PRACTICES ACT, 1S U.S.C. §1601 (AS AMENDED) AND THE PENNSYLVANIA UNFAIR TRADE PRACTICES ACT AND CONSUMER PROTECTION LAW, 73 PA. CON. STAT. ANN. §201, ET SEQ. ("THE ACTS") To the extent the Acts may apply, please be advised of the following: 1. The amount of the original debt is stated in the Complaint attached hereto. 2. The Plaintiff who is named in the attached Complaint is a Creditor to whom the debt is owed. The Creditor's law firm, Martson Deardorff Williams Otto Gilroy & Faller, is filing this Complaint on behalf of the Creditor. 3. The debt described in the Complaint attached hereto and evidenced by the copies of the 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. 4. If the Debtor(s) notifies the Creditor's law firm within thirty (30) days of the receipt of this notice that the debt or any portion thereof is disputed, the Creditor's law firm will obtain verification of the debt and a copy of the verification will be mailed to the Debtor(s) by the Creditor's law firm. If the Creditor who is named as Plaintiff in the attached Complaint is not the original Creditor, and if the Debtor(s) makes a request to the Creditor's law firm within thirty days from the receipt of this notice, the name and address of the original Creditor will be mailed to the Debtor(s) by the Creditor's law firm. 6. Requests can be made to: MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER Attn: Christopher E. Rice, Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 THIS DOCUMENT MAY BE CONSTRUED AS AN ATTEMPT TO COLLECT A DEBT FOR THE PLAINTIFF AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Christopher E. Rice, Esquire ~ ~ M- ;.. Attorney LD. No. 90916 rn~ ca ~~ ='~~ R. Christopher VanLandingham, Esquire ~ .~..' c-7 -^ ~--- Attorney LD. No. 307424 i -"'t ~ .~- Q MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER x'• MARTSON LAW OFFICES a ~ ~ ~g~ ~- ' 10 East High Street _ ~'' '~° _ =~ ~ ' ~ Carlisle, PA 17013 ~:,: cn t,,, :~:.; (717)243-3341 Attorneys for Plaintiff MEMBERS 1sT FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS OF UNION, :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : la _ r15~1 v. NO. CIVIL TERM JAMES R. ROSS and DENISE M: ROSS, Defendants : IN MORTGAGE FORECLOSURE NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. Ifyou own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in acourt-supervised conciliation conference in an effort to resolve this matter with your lender. Ifyou 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) 822-5288 extension 2510 and request appointment of a legal representative at no charge to you. Once you have been appointed a legal representative, you must promptly meet with that legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. Ifyou 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. Ifyou 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. Ifyou are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Services for the appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully submitted: Date: ~~ s ~ Christopher E. Rice, Esquire I.D. No. 90916 R. Christopher VanLandingham, Esquire I.D. No. 307424 Date: Ten East High Street Carlisle, PA 17013-3093 n (717) 243-3341 (~/~' `{ , 2012 Attorneys for Plaintiff Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To eomplete• your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your Please pmvide the following information to the best of your knowledge: Borrower name(s): Property Address: City: State• Zip: Is the property for sale? Yes. Q No ^ Listing date: Price: $ Realtor Name: Realtor Phone: Borrower Occupied? Yes No Mailing Address (if different}: City: State: Zip: Phone Numbers: Home: Office: Cell: Other; Email: # of people in household: How long? Mailing Address; City: State• Zip: Phone Numbers: Home: Office: Cell: Other. Email: # of people in household: Haw long? First Mortgage Lender: Type of Loan: Loan Number. Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: $ Included Taxes & Insurance: Date of Last Payment: 1'rimary Reason for Defauli: Is the loan in Bankruptcy? Yes ^ Na ^ If yes, provide names, location of court, case number & attorney: A,g~,,, Amout~ Owed• Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ ~ $ IAVeBtmentS: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile #1: Model: ~ Year: Amount owed: Value: g.~obile #2: Model• Year• Amount owed: Value: Oa~pQautomobiles. boats. motorcvclesl: Model: Year. Amount owed: Value Msa#6ty Iacaree Name of Etngloyers: I. 2. 3. Additional Income Description (not wages): 1. monthly auiount• 2. monthly acrwunt• Borrower Pay Days: Co-Borrower Pay Days: M~tlh6- Exnensea: (Please only include expen4es you are currently gating) Amount Available for Monthly Mortgage Payments Rased on Income dt 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 Ismail: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ^ No ^ If yes, please indicate the status of the applicaiian: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? . Yes ^ No ^ If yes, please indicate the status of those negotiations: Please provide the following information, if know, regarding your lender or lender's loan servicing company: Lender's Contact {Name): Phone: Servicing Company (Name): Contact: Phone: I/We, ,authorize the above named to useirefer this information to my lender/servicer for the sole purpose of evaluating my financial situation for possible mortgage options. UVITe understand that Uwe am/are under no obligation to use the services provided by the above named Borrower Signature Date Co-Borrower Signature Date Please forward this document along with the following information to lender and lend_eJr's counsel: ~V Proof of income Past 2 bank statements Proof of any expected income for the last 45 days _~ Copy of a current utility bill V Letter explaining reason for delinquency and any supporting documentation (hardship letter} Listing agreement (if property is currently on the market) Christopher E. Rice, Esquire c-: Attorney I.D. No. 90916 ~, ~ r°.~i .--. ... i _~ R. Christopher VanLandingham, Esquire 3 ~ ~ ~-, ~ ~; Attorney LD. No. 307424 ~~ t~ ~.--; MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER 1 ~ ,~- ~ ~' MARTSON LAW OFFICES ~'"~ c ~ ~'`~ 10 East High Street qk,y ~, ~~ _i., .~-- ~ `' Carlisle, PA 17013 v ~ `s' r:' (717) 243-3341 --` --~ `~'~ ~-- ~~~~? Attorneys for Plaintiff MEMBERS I ST FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS OF UNION, :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff la - 750/ v. NO. CIVIL TERM JAMES R. ROSS and DENISE M. ROSS, Defendants : IN MORTGAGE FORECLOSURE COMPLAINT AND NOW, comes the Plaintiff, MEMBERS 1st FEDERAL CREDIT UNION, by and through its attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and files this Complaint in Mortgage Foreclosure upon the following: 1. Plaintiff, Members 1st Federal Credit Union ("Plaintiff'), is a federally chartered credit union located at 5000 Louise Drive, Mechanicsburg, Pennsylvania 17055. 2. Defendant, James R. Ross is an adult individual residing at 107 Pennsylvania Avenue, Carlisle, Cumberland County, Pennsylvania 17013. 3. Defendant Denise M. Ross is an adult individuals residing at 148 East North Street, Carlisle, Cumberland County, Pennsylvania 17013. 4. Defendant James R. Ross and Defendant Denise M. Ross (herein collectively referred to as "Defendants") are the owners of the real property located at 148 East North Street, Carlisle, Cumberland County, Pennsylvania ("Real Property"), and more fully described in a certain deed recorded in the Recorder of Deeds Office of Cumberland County, Deed Book 273, Page 193, which is subject to the Mortgage described below. s 5. On or about July 9, 2005, Defendants executed a promissory note (the "Note") with .103.75 ~'~ A'~ ~#a~sos ~asN..~/ Plaintiff in the amount of $30,000.00. A true and correct copy of the Note is attached hereto as Exhibit "A" and is incorporated herein by reference. 6. As security for the performance of their obligations under the Note, Defendants, as Mortgagors, made, executed and delivered to Plaintiff, as Mortgagee, a mortgage upon the Real Property (the "Mortgage"). A true and correct copy of the Mortgage containing a complete legal description of the Real Property is attached hereto and incorporated as Exhibit "B." 7. The Mortgage has not been assigned. 8. Defendants are the owners of the Real Property, and Plaintiff knows of no other persons holding an ownership interest in the Real Property. 9. Plaintiff has made demand for payment of all sums due and owing thereunder, but payment has been refused. 10. Plaintiff provided Defendants with notice of the period in which Defendants' default may be cured, but Defendants have failed to cure their default. 11. As authorized under the Mortgage, the loan obligation to Plaintiff from the Defendants has been accelerated. 12. The total sum due and owing from Defendants under the Note, as of November 28, 2012, is itemized as follows: Principal: Late Fees: Interest as of November 28, 2012: Court Costs and Fees (estimated): Attorney Fees: Total as of November 28, 2012: $31,008.62 $50.55 $1,127.95 $500.00* $3,100.00 $35,787.12 Plus interest accruing at $9.12 per day from November 28, 2012, until paid in full. *To be determined by the Cumberland County Sheriff. 13. Plaintiff specifically reserves the right to increase the Court Costs and Fees, and Attorney Fees listed above should additional services be requested andlor costs/charges/fees be incurred as a result of the collection of the money owed and foreclosure of the Real Property. 14. Pursuant to the notice provision of Act 6, 41 P.S. § 403, and Act 91, 35 P.S. § 1680.403 (c) (collectively, the "Notice"), Plaintiffsent notices of intention to foreclose mortgage and of the mortgage assistance program dated October 9, 2012, to Defendants by certified mail, return receipt requested. WHEREFORE, Plaintiff demands judgment against Defendants under the Note in the amount of $35,787.12, plus interest from November 28, 2012, at the rate of $9.12 per day until the debt is paid in full. MARTSON LAW OFFICES By: ~~-~~ S ~y Christopher E. Rice, Esquire I.D. No. 90916 R. Christopher VanLandingham, Esquire I.D. No. 307424 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Date: (~~. ~ ~ , 2012 Attorneys for Plaintiff This is a debt collecting firm for Members 1°` Federal Credit Union. Any information obtained will be used for that purpose. EXHIBIT "A" i i e ~~ ~~ ~ i~~~ ~ ~~~ ~~~ ~~°~ !~ ~ ~" ~ ~a ~ ~ '~ ~ ~ a ~ s ~ f~ o v f ~ 8 `•1 ~ ~ ^^ ~ i ~ _~~ ~ ~ ~ ~ ~ ~ ~ p r i ~ ~ ~ ~ ~+ f ~ ~ i ~~ ,s ~~ ~ A ~~ ~ 9 ~~ ~ ~ ~~ ~~ ~ ~~ ~ ~ ~ ~~~ M ! ~ ~; ~ t ~ ~~ $ # ~ g *~ ~ ~ a ~ ~~ 9 ^ ~ .. ~ ~ ~ .~ • _ ~~~+ ~~ ~ ~ ~ ~ s ~ ~ ~ . ~ ~_ ~ ~ ~~ ~~ ~ ~ _~~ s ~ s ~ ~~ O ~$ ~~ ~~ ~~ a N ~ ~ E ~~~ ~~ ~ s ,~ 4 ~. .. ~~ ,. ~~ ; >~ 3 r ~ ~ '~ I I ~ P l • • V Y Y • Y M • / TRUTH-IN-IENDiNG DISCLOSURE STATEMENT Elonow.r cwnwaaa. raew.nq And ~aa... csrw~crAnzn coeN aw I.om Nun+br J/11YIE8 R ROSS OEMSE M ROSS ~~ Ns~ IAsn~bsrs 1s! tisMlal C~sIMt llnan 148 EAST NORTH STREET 5000 t.~wN t]nllt, P €) SMt 40 MM% PA 17068 PA t?'01~1 FINANCt CHARDS AmaNrt F~aMel Tod! ot~ NtMyw 1~Mrw1~ T~wi~rlM~wMMwr 11w~w~rw~/I~wd/Nbwrww~rMO~/ ~~~ r~ • • • 7 f Nu.er d l~a~nww w hew Q.rw.M. a Mwwt a Rhw alMMr M gpseMdN whw~ 1r~M~ «. ow 119 5397 65 Monthly • Bepmnag 08A117005 1 5396.82 07/01/2015 p0~ ~ ~ao~~ row b~ `agvwrd ~~Aoe3 u.NUra~iioi~~*on ate ~ Arho~r staCl~RtrY: Yw are 1~ ~ ssswMy nMnsst a ~ propsny Io~aMd M 148 EAST NORTH STREET, Cal~llsle, PA 17013 parinsnt a moos Ilan ~Q_ dsys ~aM ~ Itb ~ d _~ % d 6rs montlNlt PnnaPr aad mMnMl A88UMPf10N. Sorwm taryrq your home PREPAYMENT K Yw Pa!- ~ ~!-, !~ ~arginM Isnr~s tIm ranaa~dar of th. morb8.0. on tM _mry ~.wiN not haw to pay. psriaky ~rami~bar , t~s8 a~ >h. may ~L„wN not ~. ~e to air dSswls u~id +~a'or rd°`"'.a°" o ~. d.~.uk. Mad r.-wrmMc m wM atoms scr+.aw.a Cn4t wlr or sronwnss ~ not ngMne n asnaatan wAh pas Uansssuoa if wah . dsswd, t nay bs pwdassd throu6h a'9~' PMT d or R si sw~ls tlMeuBh Lards-upon subssswos sf • ~ TMs rauwalos M not m stlsq snfeaaha+~-~smsOr ~aowraoaunti+s;apphoM~oahss4wnwrmq~a~Nwd s Homy EaullY t.Of11 uwi. Mirs~t scNnowNdps . aomplels eoP1- of tha dridosun along w~lh eop»s d doamants roNrnd to ~n Iha dndosura JAMl~ R 8088 DENISE M ROSS _. _.. ~o sue., ~.. rn.ws EXHIBIT "B" . as1g~ ~ .. ~ prepared By: Members 1st ECU 5000 Lowse Drive ' ~ Mechanicsburg, PA 17055 ' Return To: Member's 1 st FCU Rest Estate Department 5000 Lotnse Drive Mechanucsburg, PA 17055 ~rsc'Rl' P. ZIECLER "4~uRDER OF DEEDS t~l-'•-OCRLAMD COUNTY-P,~1 20Q5 JUL 1'i Ate I11 `! MORTGAGE lVlaae o7~osnoos , 18eiwees JAMES R R03S AND DENISE M ROSS Asd MEMBERS 1~ FEDERAL CREDIT UNION (heraaaftarcalled "~"~ W>teaaaa. Nifo has executed and delivered to a certain Nora (la~instller called the "Note') oT` even dale herewith, PsYab~ to the air of Mor~ee inh~tk~tencip~l s~ of S tsvvfltl moitry of the Utdbed States of America, and has therein P s~- moneys loaned or advanced tberatmder by Mara ~~tc~her v~ffi interest thereon at ills rata provided m the Note, In the manner and at the times net tbrtlk end containing certain other terms and condirions, all of which are spxitfcally incorporated herein by refennux; ~-,'re, Mortgagor, in cansidecstion of said debt or prituaQal stun and ea severity far the payment of the sssae attd tnteeest as sfonrsaid, togathar with all other sttrns psyab>e herauatder or under the terms of cite Note, don grant and convey unto Mortgagee, All that cortsin property of the Mortgagor located in CARL~3~E nettc~ur.H Cum and ounty, Pennsylvania DATED M21/05 t300K 288 PAGE 2885 which currently has tha address of 148 EAST NORTH STREET [Street) t;arlisk Pennsylvarna 17013 [City] [Zip Codej ' .. ~~p t 13196.. .. fleet No ~ . - .. .. ~ ; .~+4 8K1914PG3029 To with the butldings and itnPcovemenrs erected thet+ean. the apptuteMncea thereunto belongurg and the reversions. remainders, cents. isstba and profits thereof. To Hsve sad To Sold the same unto Mortgagee. its semis and assigns, forever. p~yjded, lE~awevar, That if Mortgagee shall pay to M flea aforesaid debt or pria~i~~, includi~ additiarW loa»s or rdvancea and ail other sums bS+ ~ to '~ and urac~r the terms of the Note. toge~er wrth Irtlerost thereon. ~ small Iraep and P ea~oh of.the other covenartta, conditlona and agceernems herernai~er set fordr, then this Mortgegp srd the estlaDe hereby sad conveyed shall become void. This Mortga:s is executed and delivered subject to the following coveraurts, coerditione and agreements: (1) The Kota secured hereby shall evidartce sad this N[cgs shall cAVar and be smctaity Ems' ~yand intended by or advs~ea that may be made by Mortg~ee to gagOr m any limo or tiraea her@dmr sad Mor~ee to be so evidenced and secured, and such laeos and advuuxs shall be added m the debt• (2) From limo to trrne rmhl said debt and interest are fully paid. lvlortgepr shall: (a) pay std drschat~e, when sad as the same shall ba~orne due std all taxes, ~, senrrar read rents, and all otber cbargas and claims assessed a! leviedP~1~ me to tame by any lawtW ~ upon ~, ~ ~~ mgt prem~ and which s!t•ll or might have pria3ty in lien or paynxert ~ the debt secured hereby, (b), all ground rents resesrved from the matgagerl pteryrrsas and pay anti a all m~hreucs' liens which maybe filed against said premises and whrch shall or might havs prbrity in lien or pmt to tlm debt secured hereby, (s;) pay and disct~ge tart' d~~~Y stanp or other tax, »t interest and penskies thereon, if any, now or hereafter baomhrg pa~rabb ore tits Note evil the debt mcurad hereby. d)'rowde, renew cud ~ alive by payuig the ne~rY. Premiums and therooa such pollctes of lie~ard sad habillty insuraef+ca as Mort~° mq- film tla~le to time require upon the buildings arxi improvenrertts now a h erected upon tho mortge prga,isea, with loss p clauses rn favor of Mort~g~goorr and Mortgagee m their respective interss~ a~ay a~rpear, and (e) prompt submit to Mort ggeeee evidar~e of the dire and punctual paymaad of all ~a foregoing ~, however, ft-atglMbctgegpe may at its option requue that stuns sulRctent to d'tseharge tau; tgomg charges be Paid in mstallmeras to Mortgagee. (3) Mortgt~~ shall maintain all buildings and improvements subject to this Mortgage rn good and substantial naps,r. as determined by Mortgagee. Mortgagice shall have the right to enter upon the mortgaged premises at any reasonable hour for die purpose of inspecting the order, conrlittan and repair of the buildings and improvements erected thereon. ,~ No ~ Apptt) 113196 Pape'2 ar 4 8K ~ g i 4PG3030 •J (4) In the event Mortgagor e~eglats or refuses to the cheerer eaetttioned at (2) ab~nro, or faits to ma>nhire the b~klings seed irnpmveenaub as a#oreeeMott~ea may do so, add the cost thereof to the principal debt secured hereEry, and collect the same as a paR of smd ptiocipal debt. (5) Mortgttot covenants and agrees not b create, nor permit to aoceve, upon all ~ any part of the raortga~ed' praae3ses, aeey debt, lien or clestge which would be peter to, or oa a panty with, flee Iron of this Mortgage. (~ In case detlteeh be made for the space of tleirty (30) days in the paymaet of ~ ieesWlmaaet of principal of mueaant to the lama of the Nom, or is the perfor~nar~oa by Morr~r of ae~r of the other ~ the Note of d»a M the eath+e unpai bdenoe of satd pcend~ sue, ~dditior~si losses or sad ail other sums pddMo P to the terms of the Note or tha Maa'tplr- sogstleet w&h unpaid iniaest tlareon, ~ the optlaa of` ~ w~wert Walks boconte tmruediat~ely due sad p~rabk,`ad foe~ecbsuce pr~oet~ be ~ or! tla: and to judgment, execeuion and sale for the oWbetian of rtes seers, with suit and set attorney's comeuesfiop fa coilectitep of five pee+~nt (Sy6) of me fetal • or g"tfl0, e~ichsvat is the Target amoutet. M~g~ hereby fbravet walvea and rdeapa all snare in said pror~aedis>g~r„ waives stay of e~caetettwee, the eight of ingw~tiae and extaee:iaa of terse of payment, agrees hr- a~xlannation cat' eeey pasty levied upon by value of any such eeoec~ion, and waives ell eaaenptioe>s fran levy and sale of any.property that sow is or hereafter mety be e~repled by taw. (~ Upon anent of all Buena secured by this Moet~ga, this M and the estate aanreyed alu-ll termaee~e and bacoa~e void. After such occunence, Ntoetgirgee shall and setis!)r then 1Nia~tgage. Moetgr~or simll pay asey recordation costs. may clurge Mortgagor a fee for reteasirtig leis m~aps but only if the fee is paid Do a thirdM p~ services rendee+ed seal des clearging of this fee is Pehirxrnitted~ Applicable Law. The cw+acants, conditions sad contained m this Mortgage shall bind, and the begaefits shell inure w, the ve parties hereb and their respective ixers, executors, administrasors, aeeccxgsoes and risegns, and i~Mor~ge is executod by moro than one party, the undartakcnga and itsbility of ~h shall be joint and several. acct Wo ~ a~tn 113196 ~ 3 of 4 GK1914PG303t • ~ _ ~~' Witxess the due execution hereof the dsy and year R ROSS !u ROS$ Commonwealth of Pemuylvania ~ ss: Courrty of rar~tt ewn ) On ttus, tl~ day of ~ ~y aPP~ me, p1 L u o sattslriiy proven to n+~ a nam a are to ortgege, and ew:knowledged that he/she executed the sa~ae for tha purposes therett~ contained. In Wknea Whereof I hereunto set my hand and official seal. My comtnin ex 'res: F v ~IarW8M1 ONisLF~,l~btwyPrbia Leath Md~iNenTlNp, QrweiYnd Gbu+'- Qonw~Maa tt~ Mar. a, 7000 t~+e«, -.. a..ea.eo~ a tlawtN Members 1~T Federal Credit Union Mortgagee v~nthin named, hereby cerii5es that its residence is 5000 Louise Drive, Mechanicsburg, PA 1055. By recorded f Cumberland Couniy PA fleet No ~ ~~0 113 ~!6 ,~• q.:~~ 4~ ~~~ • JP" ~ .~` ,. ~. . ,.. ,.,. ~ 8141914 PG 3 0 3 2 ecorderr cif I~~eds VERIFICATION I, an employee of Members 1 S` Federal Credit Union, acknowledge I have the authority to execute this Verification on behalf of Members 1 S` Federal Credit Union and certify that the foregoing Complaint in Mortgage Foreclosure is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of this document is that of counsel and not my own. I have read the document and to the extent the Complaint is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent the content of the Complaint is that of counsel, I have relied upon counsel in making this Verification. This statement and Verification are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities, which provides that if I knowingly make false averments, I may be subject to criminal penalties. MEMBERS 1ST FEDERAL CREDIT UNION f By. F.\FILES\Clients\I 1470 Memberslst\11470 Current\11470.229 Ross\111470.229.comp FAF1LES\C1ients\1 1470 Members 1 st\11470 Current\11470.229 Ross\]1470.229.mot.staympd �- l i PROTHONOTARY Christopher E. Rice, Esquire 2013 SEA' 19 P ,2: 12 Attorney I.D.No. 90916 11U�1���dL�at�� �`�Uld� � R. Christopher VanLandingham, Esquire PENNSYLVANIA LAND CiOU Attorney I.D.No. 307424 MARTSON DEARDORFF WILLIAMS OTTO GILROY& FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MEMBERS 1 ST FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS OF UNION, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 2012-7501 CIVIL TERM JAMES R. ROSS and DENISE M. ROSS, Defendants : IN MORTGAGE FORECLOSURE PLAINTIFF'S MOTION TO LIFT THE STAY AND NOW,comes Plaintiff Members i s"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't Federal Credit Union ("Plaintiff'), is a federally chartered credit union located at 5000 Louise Drive, Mechanicsburg, Pennsylvania 17055. 2. Defendant,James R. Ross("Defendant Ross")is an adult individual residing at 107 Pennsylvania Avenue, Carlisle, Cumberland County, Pennsylvania 17013. 3. Defendant Denise M. Ross a/k/a Denise Ross Starner ("Defendant Starner"), is an adult individual residing at 148 East North Street, Carlisle, Cumberland County, Pennsylvania 17013. 4. Plaintiff filed a Complaint in the above-captioned mortgage foreclosure action on or about December 14,2012,and forwarded a copy of the Complaint to the Cumberland County Sheriff for service upon Defendants. 5. The Complaint included a Notice of the Cumberland County Residential Mortgage Foreclosure Diversion Program as well as the Financial Worksheets. (See Complaint). 6. According to the Sheriff's Return of Service,attached hereto and incorporated herein as Exhibit "A," Defendants were served with the Complaint on December 18, 2012. 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 are 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 February 16, 2013. 9. Upon information and belief,Defendant Ross has not filed a Request for Conciliation Conference in this matter and has not opted into the Diversion Program. 10. Defendant Starner did file a request for Conciliation Conference. 11. Upon information and belief the Defendants,former husband and wife,were divorced on June 20,2006. 12. Upon information and belief, Defendant Ross transferred his interest in the subject property to Defendant Starner by a certain deed recorded in the Office of the Recorder of Deeds, Cumberland County, Pennsylvania at Deed Book 273, Page 193. A true and correct copy of said deed is attached hereto as Exhibit "B." 13. At Defendant Starner's request a Concilliation Conference ("Conference") in this matter was held on Mach 13, 2013 before the Honorable Kevin A. Hess. 14. At the Conference Plaintiff and Defendant Starner reached a repayment agreement. 15. The Court issued an Order dated March 13, 2013, a true and correct copy of which is attached hereto as Exhibit "C," continuing the conciliation generally. 16. The Plaintiff and Defendant Starner entered into a written repayment agreement ("Agreement"), a true and correct copy of which is attached hereto and incorporated herein as Exhibit"D." 17. Pursuant to paragraphs A and B of the Agreement, Defendant Starner was to pay to Plaintiff a total of$510.00 per month on the first day of each month beginning April 1, 2013. 18. Defendant Starner has not made the payments as required as she has not made payments on the first day of each month as required, did not make any payment for the month of August,2013 and,as of this writing,has not made payment for the month of September,2013 which was due on or before September 1, 2013. She is,therefore, in default of the Agreement. 19. President Judge Hess has previously ruled in this matter. 20. Plaintiff has provided a copy of this Motion and proposed Order to Defendant Ross and counsel for Defendant Starner requesting concurrence in this motion. Defendants do not concur in this motion. 21. As Defendant Ross did not file a request for a conciliation conference within the required time limit and Defendant Starner has failed comply with the terms of the Agreement, the Stay should be lifted and Plaintiff should be allowed to move forward with this foreclosure action. WHEREFORE, Plaintiff requests this Court issue an Order lifting the Stay in this matter. MARTSON LAW OFFICES � B Y Christopher E. Rice, Esquire I.D. No. 90916 R. Christopher VanLandingham, Esquire I.D. No. 307424 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Date: ` � , 2013 Attorneys for Plaintiff This is a debt collecting firm attempting to collect a debt for Members 1St Federal Credit Union. Any information obtained will be used for that purpose. EXHIBIT "A" Ronny R Anderson SHERIFF'S OFFICE OF CUMBERLAND COUNTY Sheriff Jody S Smith �oaatr of��unGr�/���0 Off, 11-HE PROTHONGITA Rft Chief Deputy � " 2013 JAN -2 PM 1: 26 Richard W Stewart ,.; � Solicitor pFr ICE OF THE SHl'RIFF etilU. I� li Ai�T Y A Members 1st Federal Credit Union vs. Case Number James Ross (et al.) 2012-7501 SHERIFF'S RETURN OF SERVICE 12/18/2012 06:50 PM-Deputy Shawn Harrison, being duly sworn according to law, rved t e Lndant, d Affidavit by "personally"handing a true copy to a person representing themselves th Dto wit: Deni se Marie Ross at 148 East North Street, Carlisle Borough, Carlisle, PA 17 1 . r SAWN HARRISON, DEPUTY 12/18/2012 07:37 PM -Deputy Shawn Harrison, being duly sworn according to law, served t e r quested Affidavit by handing a true copy to a person representing themselves to be Garda ss, ther of defendant,who accepted as "Adult Person in Charge"for James Ross at 107 Pennsyl an nue, orth Middleton Township, Carlisle, PA 17103. v S N HARRIS N, UTY SHERIFF COST: $56.45 SO ANSWERS, 4RONRDecem ber 26, 2012 ANDERSON, SHERIFF r�1 Coun'y$wfe$h@ri K,r6!,3r)wt,Inc;. EXHIBIT "B" t fJ 1 ZOOS FEB 3 Pik 1 ' 1OS-si -0310-241 0 MADE THE day of January, 2006, BETWEEN JAMES R. ROSS and DENISE MARIE ROSS, his wife, of Carlisle, Cumberland County, Pennsylvania, hereinafter called Grantors, AND DENISE MARIE ROSS,of Carlisle, Cumberland County, Pennsylvania,hereinafter called Grantee: WITNESSETH,that in consideration of the sum of One and no/100($1.00) Dollar, in hand paid, the receipt whereof is hereby acknowledged,the said grantors hereby grant and convey unto the grantee, her heirs and assigns: ALL that certain tract of land and the improvements thereon situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on East North Street,which point is also the northeastern comer of the property herein conveyed and the northwestern comer of property known and numbered as 150 East North Street; thence southwardiy through the center of the partition wall between the house herein conveyed and the house built on the property on the East, and continuing to a point on the northern line of Locust Alley, a distance of 240 feet; thence westwardly along the northern line of Locust Alley, a distance of 8 feet 6 inches to a point in the line of land now or formerly of D.B.Wilson; thence along the latter, northwardly,a distance of 205 feet to a point; thence along the same,westwardly, a distance of 8 feet 5 inches to a point; thence along the same, northwardly, a distance of 35 feet to a point on said East North Street; thence eastwardly along North East Street,a distance of 16 feet 11 inches to a point,the Place of BEGINNING. HAVING erected thereon a 21/2 story frame dwelling known and numbered as 148 East north Street, Carlisle, Pennsylvania. SUBJECT, NEVERTHELESS,to the right of the owners,their heirs and assigns, of the property at 146 East North Street on the western side of the lot hereby conveyed, and also the owners, on 273 FACE 193 their heirs and assigns, of the property at 150 East North Street on the eastern side of the lot hereby conveyed, to the right of ingress and egress over and through the alleyway or passageway running southwardly from East North Street, a distance of approximately 35 feet, which alleyway is 2 feet S inches wide, is constructed on the western side of the lot hereby conveyed, extending 127 feet northwardly from the northern line of Locust Alley, and which shall be kept open for the free and uninterrupted use of the same by the owners and occupiers of 146, 148 and 150 East North Streets BEING the same property which WILLIAM F. RUSSELL, widower, granted and conveyed to JAMES R. ROSS and DENISE MARIE ROSS, his wife,grantors herein, by deed dated April 21, 2005, and recorded in the Office of the Recorder of Deeds for Cumberland County in Deed Book 268, Page 2885. THIS CONVEYANCE IS A NONTAXABLE TRANSFER BETWEEN SPOUSES. AND the grantors hereby covenant and agree that they will warrant specially the property hereby conveyed. IN WITNESS WHEREOF,the grantors have hereunto set their hands and seals the day, month and year first above written. Signed, salad and Delivered I the presence of i oe (SEAL) AMES R. ROSS Dom -- �'�t.I.II p, (SEAL) DENISE MARIE ROSS DOCK 273 PAGE 3 1 COMMONWEALTH OF PENNSYLVANIA :as: COUNTY OF CUMBERLAND On this, the AD day of January, 2006, before me the undersigned officer, personally appeared JAMES R. ROSS and DENISE MARIE ROSS, his wife, known to me (or satisfactorily proven)to be the persons whose names are subscribed to the within instrument, and acknowledged that they executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and seal. NOTARIAL SEAL HAROLD S.IRWIN,III,NOTARt'PUBLIC (SEAL) :ARUSLE BOROUGH,COUNTY OF CUMBERLAND Notary Public MY OVIVIISSION EXPIRES OCTOhFR 99 70 I do hereby certify that the precise residence and complete post office address of the within named grantees is: 148 EAST NORTH STREET, CARLISLE, PA 17013. January 2k2006 Attorney for gran NTS HAAOM S. IMMM 111 Al6enmy -,64.ww 64 Sea* 110111"ohm" Ca'In FA 17013 (717) z43o C.erti ly 011S to be recorded In Cuniberland County PA Recorder of Deeds 273 Pct 195 EXHIBIT "C" MEMBERS 1sT FEDERAL IN THE COURT OF COMMON PLEAS OF CREDIT UNION, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff `w w nc CIVIL ACTION—LAW acs, VS. NO. 12-7501 CIVIL JAMES R. ROSS and DENISE M. < x*» ca- ROSS, Defendants IN MORTGAGE FORECLOSURE ;} IN RE: CONCILIATION CONFERENCE Present at a conciliation conference held March 13, 2013, were Christopher VanLandingham, Esquire, attorney for the plaintiff, Jaime Haley, Esquire, attorney for the defendants; and Justin Starner and Denise Starner, the current occupants of the residence. Denise Starner, formerly Denise Ross, is one of the original signators to the mortgage. The parties have entered into a repayment agreement whereby the Starners will make seventeen (17) monthly payments in the amount of$510.00. Thereafter, payments will resume in the amount of the original obligation. In light of this settlement, the conciliation process will be continued generally. ORDER AND NOW, this 13' day of March,2013, in order to give the parties the opportunity to effect a resolution of this matter, conciliation is continued generally and the matter to be relisted by either party. BY THE COURT, Kevin . Hess, P. J. j •N v Christopher VanLandingham, Esquire For the Plaintiff Jaime Haley, Esquire For the Defendants Arn EXHIBIT "D" r t REPAYMErfr THIS AGREEMENT, made the day of March, 2013, in Cumberland County, Pennsylvania,by and between Members la Federal Croft Union, a federally chartered credit union located at 5000 Louise Drive,Mechanicsburg,Pennsylvania 17055 (hereinafter designated "Lender")and Denise Ross Starner a1Wa Denise Marie Ross,an adult individual residing at 148 East North Street.Carlisle, Cumberland County,Pennsylvania 17013 (hereinafter referred to as "Borrower"). BACKGROUND WHEREAS,Borrower and her former husband James R.Ross were the owners as tenants by the entireties of certain real property located at 148 Fast North Street, Carlisle, Cumberland County,Pennsylvania 17013(Tax parcel number 02-21-0318-241).as evidenced by a certain deed recorded in the Office of Recorder of Deeds,Cumberland County,Pennsylvania,at Deed Book 268, Page 2885(the"Real Property'l. WHEREAS, On July 9, 2005, Borrower and her former husband, James R. Ross, in consideration of their indebtedness to Lender in the amount of$30,000.00 (the "Loan% made, executed and delivered to Lender a Promissory Note in favor of Lender(the"Note". As security for the performance of their obligations under the Note,Borrower and James R.Ross,as Mortgagors, made, executed and delivered to Lender,as Mortgagee, a mortgage upon the Real Property(the WHEREAS,Borrower and James R Ross were subsequently divorced on June 20,2006; WHEREAS, On January 28, 2006, as a consequence of the divorce, James R. Ross transferred his interest in the Real Property to Borrower by a certain deed recorded in the Office of Recorder of Leeds Cumberland County,Pennsylvania,at Deed Book 273,Page 193; WHEREAS,Borrower is now the fee simple owner of the Real Property; WHEREAS,Borrower and James R.Ross have failed to make payments when due and have defaulted on their obligations under the Note; WHEREAS,On December 14.2012,Lender filed a Mortgage Forcelosure Action against Borrower and James R.Ross in the Court of Common Pleas of Cumberland County,Pennsylvania, at Docket Number 2012-7501 (the"Action"); WHEREAS,Borrower and Lender have negotiated a repayment plan to bring the payments current under the Note;and 1 WHEREAS, the parties execute this Agreement to document the repayment plan and incorporate all documents,terms,and conditions previously executed by Borrower that are related to this Agreement NOW THEREFORE„ in consideration of the mutual promises and undertaldngs of the parties set forth herein,and with the intention of being legally bound hereby,the parties hereto agree as follows: (A) pygl . Borrower agrees to resume making payments as required under the Note on the first day of each month beginning April 1,2013,in the amount of$336.98. (B) AM R= Borrower agrees to pay an additional payment of$173.82 on the first day.of each month beginning April 1,2013. Said additional payments will continue until such time as the ahrearage is cured and Borrower's account is brought current Borrower may pay Lender more than the additional payment of$173.82 in order to cure the arrears earlier. (C) AdditiglW Documems. The Borrowers shall execute and deliver such additional documents and instruments as the Lender may reasonably require in order to effectuate this Agreement. (D) The Act'an. Lender shall not move forward with the Action as long as Borrower continues to make the payments and additional payments as required herein and otherwise complies with the tams of the Note and Mortgage. (E) E . This Agreement will take effect and is conditioned upon'and not effectuated until receipt of the first payment of$518.08 due on or before April 1,2813. (F) QUdions The captions or headings of the paragraphs of this Agreement are for convenience only and shall not control or affect the meaning or construction of any of the terms or provisions of this Agreement. (tar) Governing Law This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth-of Pennsylvania and jurisdiction over any dispute shall lie in the Court of Common Pleas of Cumberland County,Pennsylvania. (H) R8f1 W Should Borrower be in default of this Agreement or any other agreement entered into with Lender,after any applicable notice period,Lender may proceed with any and all remedies as permitted by law,including the termination of this Agreement 2 m Nom. No failure or delay on the pert of the Lender in the exercise of an n Power or remedy shall operate as a waiver tbereot nor shall an single or Y of�8ny ght,power or remedy preclude any other or further exercise thereo&or the of an other right power or remedy. y Wig' Borrower: Name: Doubt R�Starner Tick: aWWa Denise Marie Ron Attest: Lender. Mlst Federal Credit Union By: iry Oc n ,6( ,rl rn UQ5 Cv)l e Gf,onS 144 nc, e,,"- 3 0 ' 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. Ross 107 Pennsylvania Avenue Carlisle, PA 17013 Pro Se Defendant Jaime M. Haley,Esquire MidPenn Legal Services 401 East Louther Street, Suite 103 Carlisle, PA 17013 Attorney for Defendant Denise M. Ross MARTSON LAW OFFICES By: PastHriig1h"M re Ten Street Carlisle, PA 17013 Dated: T/N 5 (717) 243-3341 MEMBERS 1sT FEDERAL IN THE COURT OF COMMON PLEAS OF CREDIT UNION, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION—LAW VS. NO. 12-7501 CIVIL JAMES R. ROSS and DENISE M. ROSS, Defendants IN MORTGAGE FORECLOSURE IN RE: PLAINTIFF'S MOTION TO LIFT STAY ORDER AND NOW, this ;?- Y` day of September, 2013, a rule is issued on the defendants to show cause why the relief requested in the within Motion to Lift Stay ought not to be granted. This rule returnable fifteen (15) days after service. BY THE COURT, /7f Kevi Hess, P. J. ./Christopher Rice, Esquire For the Plaintiff ✓Jaime Haley, Esquire For the Defendants c c:.: .dames R. Ross, Pro Se 3 Defendants cn r- N Am f�-=' cn Members 1st Federal Credit Union : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, : PENNSYLVANIA • v. : Docket No. 12-7501 James R. Ross and Denise M. Ross, •• CIVIL ACTION- Defendants •• MORTGAGE FORECLOSURE-) F DEFENDANT'S ANSWER TO PLAINTIFF'S MOTION TO LIFT THWVAIn AND NOW, comes the Defendant, Denise M. Ross a/ka/a Denise Starner,lw a d through her attorney, Jaime M. Haley, Esq., and MidPenn Legal Services, and filesafiArver to Plaintiff's Motion to Lift the Stay as follows: - — 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. ca - w roc:, - , 7. Admitted. -<> n 8. Admitted. r, - `' .w_ 9. Admitted. 10. Admitted. 11. Admitted. 12. Admitted. 13. Admitted. 14. Admitted. 15. Admitted. 16. Admitted. 17. Admitted. 18. Admitted in part Denied in part. It is admitted that Defendant Starner had not made a payment for August 2013 and September 2013 as of September 19, 2013 because she was required to pay taxes in September 2013. A true and correct copy of the receipt for taxes paid to Tax Claim Bureau of Cumberland County is attached hereto as Exhibit"A." As of today, October 9, 2013, Defendant Starner has made payments for August 2013, September 2013, and October 2013. A true and correct copy of the receipt for$1530.00 to Members First for acct#2015764 is attached hereto as Exhibit`B." 19. Admitted 20. Admitted. By way of further answer, Defendant Starner is now current on repayment plan and intends to remain current. 21. Admitted in part Denied in part. As of today, Defendant Starner is in compliance with the terms of the Agreement, and the stay should not be lifted. WHEREFORE, Defendant respectfully requests that this Honorable Court deny Plaintiff's Motion to Lift the Stay and that this Honorable Court schedule a conciliation conference for a date and time as soon as is convenient to the Court's schedule. Dated: (o (©9 ( Z (3 Respectfully submitted, Jai e M. Haley, Esquire 4 Attorney for the Defendant MidPenn Legal Services 401 East Louther Street, Suite 103 Carlisle, PA 17013 • Members 1St Federal Credit Union •• IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, •• PENNSYLVANIA • • • v. •• Docket No. 12-7501 • James R. Ross and Denise M. Ross, : CIVIL ACTION- Defendants : MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE The undersigned certifies that a true and correct copy of the foregoing Defendant's Answer to Plaintiff's Motion to Lift the Stay was served this day by U.S. First Class Mail,postage prepaid, upon the following: Christopher E. Rice, Esq. R. Christopher VanLandingham,Esq. Martson Deardorff Williams Otto Gilroy&Faller Martson Law Offices 10 East High Street Carlisle, PA 17013 Date: d o(0` (Z�C-jC�� J ime M. Haley, Esquire Attorney for the Defendant MidPenn Legal Services 401 East Louther Street, Suite 103 Carlisle, PA 17013 (717) 243-9400 ext. 2513 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of perjury of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Dated: Denise Starner, Defendant '''4'''' EDWARD SCHORPP BARBARA B CROSS r �` ,-,r- ,,,, CHAIRMAN < ,_< f ' '' SOLICITOR SS �'.' ' KEITH O.BRENNEMAN - JIM HERTZLER is VICE CHAIRMAN 1 z ' ? ?; ASSISTANT SOLICITOR GARY EICHELBERGER ,TAX CLAIM BUREAU OF CUMBERLAND COUNTY MELISSA TAX CLAAIM IM DIRECTOR SECRETARY One Courthouse Square,Room 106,Carlisle,PA 17013-3389 (717)240-6366 Printed: 9/18/13 C Receipt No. : 97969 12 :31 :34 Receipt Date : 9/18/2013 Control Number: 2-000630 **** RECEIPT **** Page : 1 Property Description: ROSS, DENISE MARIE 148 EAST NORTH STREET LAND LESS THAN 1 ACRE CARLISLE PA 17013 Residential (Under 10 Acres) Situs Information: 148 E NORTH STREET Map No: 02-21-0318-241 CARLISLE BOROUGH Tax Penalty & Year Description Face Interest Costs Total 2011 CTY-CARLISLE BORO 1 154 .25 38 . 63 192 . 88 2011 CLB-CARLISLE BORO 1 11 . 60 2 . 96 14 . 56 2011 MUN-CARLISLE BORO 1 248 . 00 62 . 00 310 . 00 2011 SCH-CARLISLE AREA 865 .69 216 . 37 15 . 00 1082 . 06 2011 BUREAU COSTS 143 . 05 143 . 05 Received For Year Of 2011 $1757 . 55 • 2012 BUREAU COSTS 2 . 45 2 .45 Received For Year Of 2012 $2 .45 Total Received $1760 . 00 Tendered > CASH Received By > JC Paid By > ROSS, DENISE MARIE Remarks > * Continued * £XH i3(1- A :MEMBERS :1gt litioittat Ckrat.1tr°IJN''tON Carlisle Crossing 321 York Road Carlisle PA 17013 Inquiries Call: 717-254-1100 Acct: XXXXXXX576 ROSS,JAMES R Eff: 10/09/13 Date: 10/09/:L3 Tlr: 2534 Time: 8:55am Payment to HOME EQUITY 0002 Prey Bal: 31,255.62 Amount: 1,530.00 Principal: 0.00 Interest: 1,496.30 Fees: 33.70 New Bal: 31,255.62 Seq: #315517 Cash Received 1,540.00 Hundreds Received 1,500.00 Twenties Received 40.00 Cash Disbursed -10.00 Fives Disbursed 10.00 Total Cash Disbursed 10.00 Cash Received by ID Source: ❑ Dry Lic 5j SigCard ❑ Known ❑ Other _ VISA Balance Transfer 1.90% APR NO balance transfer fees. Ask an associate for more details. JAMES R ROSS Ef-f �cT J3 .4 F:\FILES\Clients\11470 Members 1st\11470 Current\11470.229 Ross\t 1470.229.pra,withdraw motion.wpd „,,y In SE w Christopher E. Rice, Esquire art ry rn Attorney I.D.No. 90916 R. Christopher VanLandingham, Esquire `---- n' Attorney I.D.No. 307424 =- -= MARTSON DEARDORFF WILLIAMS OTTO GILROY&FALLER r=' MARTSON LAW OFFICES 10 East High Street Carlisle,PA 17013 (717)243-3341 Attorneys for Plaintiff MEMBERS 1ST FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS OF UNION, : CUMBERLAND COUNTY,PENNSYLVANIA Plaintiff • v. : NO. 2012-7501 CIVIL TERM JAMES R. ROSS and • DENISE M. ROSS, • Defendants : IN MORTGAGE FORECLOSURE PRAECIPE To the Prothonotary: Please withdraw Plaintiffs Motion to Lift the Stay filed on September 19, 2013. MARTSON LAW OFFICES By: `._..-? - ? • Christopher E. Rice, Esquire I.D. No. 90916 R. Christopher VanLandingham, Esquire I.D. No. 307424 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Date: , /(p , 2013 Attorneys for Plaintiff This is a debt collecting firm attempting to collect a debt for Members 1”Federal C Union. Any information obtained will be used for that purpose. CERTIFICATE OF SERVICE I, Ami J. Thumma, an authorized agent of MARTSON DEARDORFF WILLIAMS OTTO GILROY& FALLER, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Mr. James R. Ross 107 Pennsylvania Avenue, Carlisle Pennsylvania 17013 Pro Se Defendant Jaime M. Haley, Esquire MidPenn Legal Services 401 East Louther Street, Suite 103 Carlisle, PA 17013 Attorney for Defendant Denise M. Ross MARTSON LAW OFFICES B;; C m a • mi J. Th 10 East High Street Carlisle, PA 17013 Dated: _ f ) 6;3 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. F:\FILES\Clients\11470 Members Ist\11470 Current\11470.229 Ross\11470.229.Ross.Motion to Lift Stay2.doc I " + ill 'Y AI Christopher E. Rice, Esquire 2'114 FEB 10 AM 11. 22 Attorney I.D. No. 90916 CUMBERLAND COUNTY Aaron S. Haynes, Esquire PENNSYLVANIA Attorney I.D. No. 307746 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MEMBERS 1ST FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS OF UNION, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : NO. 2012-7501 CIVIL TERM JAMES R. ROSS and DENISE M. ROSS, • Defendants : IN MORTGAGE FORECLOSURE PLAINTIFF'S MOTION TO LIFT THE STAY AND NOW, comes Plaintiff Members 15t Federal Credit Union, by and through its attorneys, MARTSON LAW OFFICES, and files this Motion to Lift the Stay as follows: 1. Plaintiff, Members 1St Federal Credit Union ("Plaintiff'), is a federally chartered credit union located at 5000 Louise Drive, Mechanicsburg, Pennsylvania 17055. 2. Defendant, James R. Ross ("Defendant Ross") is an adult individual residing at 107 Pennsylvania Avenue, Carlisle, Cumberland County, Pennsylvania 17013. 3. Defendant Denise M. Ross a/k/a Denise Ross Starner ("Defendant Starner"), is an adult individual residing at 148 East North Street, Carlisle, Cumberland County, Pennsylvania 17013. 4. Plaintiff filed a Complaint in the above-captioned mortgage foreclosure action on or about December 14, 2012, and forwarded a copy of the Complaint to the Cumberland County Sheriff for service upon Defendants. 5. The Complaint included a Notice of the Cumberland County Residential Mortgage Foreclosure Diversion Program as well as the Financial Worksheets. (See Complaint). 6. According to the Sheriff's Return of Service, attached hereto and incorporated herein as Exhibit "A," Defendants were served with the Complaint on December 18, 2012. 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 are 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 February 16, 2013. 9. Upon information and belief, Defendant Ross has not filed a Request for Conciliation Conference in this matter and has not opted into the Diversion Program. 10. Defendant Starner did file a request for Conciliation Conference. 11. Upon information and belief the Defendants, former husband and wife, were divorced on June 20, 2006. 12. Upon information and belief, Defendant Ross transferred his interest in the subject property to Defendant Starner by a certain deed recorded in the Office of the Recorder of Deeds, Cumberland County, Pennsylvania at Deed Book 273, Page 193. A true and correct copy of said deed is attached hereto as Exhibit "B." 13. At Defendant Starner's request a Conciliation Conference ("Conference") in this matter was held on March 13, 2013 before the Honorable Kevin A. Hess. 14. At the Conference Plaintiff and Defendant Starner reached a repayment agreement. 15. The Court issued an Order dated March 13, 2013, a true and correct copy of which is attached hereto as Exhibit "C," continuing the conciliation generally. 16. The Plaintiff and Defendant Starner entered into a written repayment agreement ("Agreement"), a true and correct copy of which is attached hereto and incorporated herein as Exhibit "D." 17. Pursuant to paragraphs A and B of the Agreement, Defendant Starner was to pay to Plaintiff a total of$510.00 per month on the first day of each month beginning April 1, 2013. 18. Defendant Starner has not made the payments as required as she has not made payments on the first day of each month as required. Plaintiff has continuously made late payments, culminating with a payment on October 9, 2013 of$1,530.00 to cover her payments until the beginning of the year. 19. Defendant Starner did not make any payment for the month of January, 2014, which was due on or before January 1, 2014. She is, therefore, in default of the Agreement. 20. Defendant Starner's constant late payments, and delinquent payment of January 2014 reflect Plaintiff's belief that she will not continue with the payment duties set forth in the attached repayment agreement. 21. President Judge Hess has previously ruled in this matter. 22. Plaintiff has provided a copy of this Motion and proposed Order to counsel for Defendant Starner requesting concurrence in this motion. No response was received to date. 23. As Defendant Ross did not file a request for a conciliation conference within the required time limit and Defendant Starner has failed comply with the terms of the Agreement, the Stay should be lifted and Plaintiff should be allowed to move forward with this foreclosure action. WHEREFORE, Plaintiff requests this Court issue an Order lifting the Stay in this matter. MARTSON LAW OFFICES By: f Christopher E. Rice, Esquire I.D. No. 90916 Aaron S. Haynes, Esquire I.D. No. 307746 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Date: i� , 2014 Attorneys for Plaintiff This is a debt collecting firm attempting to collect a debt for Members 1St Federal Credit Union. Any information obtained will be used for that purpose. • • EXHIBIT "A" SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff r',LED-QFF IcE �ou�ttr of -1144`rt4�10 Lji` THE PRO-MONO-AO Jody S Smith Chief Deputy 2U ILO 2 PM 21.6y Richard W Stewart °. Solicitor OFF ICE of TnE' ERIFF LILAI � 4� NSYLWAMI A • Members 1st Federal Credit Union vs. Case Number James Ross(et al.) 2012-7501 SHERIFF'S RETURN OF SERVICE 12/18/2012 06:50 PM-Deputy Shawn Harrison, being duly sworn according to law, -rved t'e r:quested Affidavit by "personally"handing a true copy to a person representing themselves • ,- the Def:ndant, to wit: Denise Marie Ross at 148 East North Street, Carlisle Borough, Carlisle,PA 17$ 1 ,� r S 'WN HARRISON, DEPUTY 12/18/2012 07:37 PM -Deputy Shawn Harrison, being duly sworn according to law, served tr :quested Affidavit by handing a true copy to a person representing themselves to be Gerda :•ss, • - of defendant,who accepted as"Adult Person in Charge"for James Ross at 107 Pennsyl - - - orth Middleton Township, Carlisle, PA 17103. AAA $. v S • '' HARRISON, I`UTY SHERIFF COST: $56.45 SO ANSWERS, CF-F2._. 7(01----:--- December 26, 2012 RONNY R ANDERSON, SHERIFF i='.<oLX yS:nfd$hcri!f re)r,ncoft,Inc EXHIBIT "B" G036 FEB 3 Pal ;*RcftN002_21 _o31._241 MADE THE _day of January, 2006, BETWEEN JAMES R. ROSS and DENISE MARIE ROSS, his wife,of Carlisle, Cumberland County, Pennsylvania, hereinafter called Grantors, AND DENISE MARIE ROSS, of Carlisle, Cumberland County, Pennsylvania, hereinafter called Grantee: WITNESSETH,that in consideration of the sum of One and no/100($1.00) Dollar, in hand paid, the receipt whereof is hereby acknowledged,the said grantors hereby grant and convey unto the grantee, her heirs and assigns: ALL that certain tract of land and the improvements thereon situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on East North Street, which point is also the northeastern corner of the property herein conveyed and the northwestern corner of property known and numbered as 150 East North Street; thence southwardly through the center of the partition wall between the house herein conveyed and the house built on the property on the East, and continuing to a point on the northern line of Locust Alley, a distance of 240 feet; thence westwardly along the northern line of Locust Alley, a distance of 8 feet 6 inches to a point in the line of land now or formerly of D.B.Wilson; thence along the latter, northwardly,a distance of 205 feet to a point; thence along the same,westwardly, a distance of 8 feet 5 inches to a point; thence along the same, northwardly, a distance of 35 feet to a point on said East North Street; thence eastwardly along North East Street, a distance of 16 feet 11 Inches to a point,the Place of BEGINNING. HAVING erected thereon a 21/2 story frame dwelling known and numbered as 148 East north Street, Carlisle, Pennsylvania. SUBJECT, NEVERTHELESS,to the right of the owners, their heirs and assigns, of the property at 146 East North Street on the western side of the lot hereby conveyed, and also the owners, DooK 2?3 PACE 193 _ - their heirs and assigns, of the property at 150 East North Street on the eastern side of the lot hereby conveyed, to the right of ingress and egress over and through the alleyway or passageway running southwardly from East North Street,a distance of approximately 35 feet, which alleyway is 2 feet 9 inches wide, is constructed on the western side of the lot hereby conveyed, extending 127 feet northwardly from the northern line of Locust Alley, and which shall be kept open for the free and uninterrupted use of the same by the owners and occupiers of 146, 148 and 150 East North Street. BEING the same property which WILLIAM F. RUSSELL,widower, granted and conveyed to JAMES R. ROSS and DENISE MARIE ROSS, his wife,grantors herein, by deed dated April 21, 2005,and recorded in the Office of the Recorder of Deeds for Cumberland County in Deed Book 268, Page 2885. THIS CONVEYANCE IS A NONTAXABLE TRANSFER BETWEEN SPOUSES. AND the grantors hereby covenant and agree that they will warrant specially the property hereby conveyed. IN WITNESS WHEREOF,the grantors have hereunto set their hands and seals the day, month and year first above written. Signed, =eased and Delivered i the presence of _ �i/ / . Ir, // (SEAL) AMES R. ROSS nomi;;0JUwii_, 14.4,h (SEAL) DENISE MARIE ROSS BOOK 273 Pau 194 COMMONWEALTH OF PENNSYLVANIA • •ss: COUNTY OF CUMBERLAND On this, the 7D day of January,2006, before me the undersigned officer,personally appeared JAMES R. ROSS and DENISE MARIE ROSS, his wife,known to me(or satisfactorily proven)to be the persons whose names are subscribed to the within instrument, and acknowledged that they executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and seal. NOTARIAL SEAL HAROLD S.IRWIN,III,NOTARt PUBLIC (SEAL) :ARLISLE BOROUGH,COUNTY OF CUMBERLAND Notary Public MY COMMISSION EXPIRES OCTORFR 99 7r96 I do hereby certify that the precise residence and complete post office address of the within named grantees is: 148 EAST NORTH STREET,CARLISLE, PA 17013. January?2006 Attorney for gran NTS HAROLD 0. IRWIN, III MWrosey4A4aw 04 Osu h Mt llumt Cared % PA 17013 (717)2430 L:cni ty this to be recorded n Cumberland County PA -I 94nr.eir . to Recorder of Deeds bfl 413 PAGE 195 EXHIBIT "C" MEMBERS 1ST FEDERAL : IN THE COURT OF COMMON PLEAS OF CREDIT UNION, : CUMBERLAND COUNTY, PENNSYLVANIE _` Plaintiff _ rn CIVIL ACTION—LAW =' T~, vs. NO. 12-7501 CIVIL , z JAMES R. ROSS and DENISE M. • <L' n' --r ROSS en Defendants : IN MORTGAGE FORECLOSURE n, o 7^ IN RE: CONCILIATION CONFERENCE Present at a conciliation conference held March 13, 2013, were Christopher VanLandingham, Esquire, attorney for the plaintiff; Jaime Haley, Esquire, attorney for the defendants; and Justin Starner and Denise Starner, the current occupants of the residence. Denise Starner, formerly Denise Ross, is one of the original signators to the mortgage. The parties have entered into a repayment agreement whereby the Starners will make seventeen (17) monthly payments in the amount of$510.00. Thereafter, payments will resume in the amount of the original obligation. In light of this settlement, the conciliation process will be continued generally. ORDER AND NOW, this '3` day of March, 2013, in order to give the parties the opportunity to effect a resolution of this matter, conciliation is continued generally and the matter to be relisted by either party. BY THE COURT, /4/ Kevin a . Hess, P. J. r Christopher VanLandingham, Esquire For the Plaintiff Jaime Haley, Esquire For the Defendants •rlm EXHIBIT "D" REPAYMENT AGREEMENT THIS AGREEMENT, made the day of March, 2013, in Cumberland County, Pennsylvania,by and between Members 1"Federal Credit Union, a federally chartered credit union located at 5000 Louise Drive,Mechanicsburg,Pennsylvania 17055 (hereinafter designated "Lender")and Denise Ross Starner a/ /a Denise Marie Ross,an adult individual residing at 148 East North Street, Carlisle, Cumberland County,Pennsylvania 17013 (hereinafter referred to as "Borrower"). BACKGROUND WHEREAS,Borrower and her former husband James R.Ross were the owners as tenants by the entireties of certain real property located at 148 East North Street, Carlisle, Cumberland County,Pennsylvania 17013(Tax parcel number 02-21-0318-241),as evidenced by a certain deed recorded in the Office of Recorder of Deeds,Cumberland County,Pennsylvania,at Deed Book 268, Page 2885(the"Real Property"). WHEREAS, On July 9, 2005, Borrower and her former husband, James R. Ross, in consideration of their indebtedness to Lender in the amount of$30,000.00 (the "Loan"), made, executed and delivered to Lender a Promissory Note in favor of Lender(the"Note"). As security for the performance of their obligations under the Note,Borrower and James R.Ross,as Mortgagors, made, executed and delivered to Lender, as Mortgagee, a mortgage upon the Real Property(the "Mortgage");* WHEREAS,Borrower and James R Ross were subsequently divorced on June 20,2006; WHEREAS, On January 28, 2006, as a consequence of the divorce, James R. Ross transferred his interest in the Real Property to Borrower by a certain deed recorded in the Office of Recorder of Deeds Cumberland County,Pennsylvania,at Deed Book 273,Page 193; WHEREAS,Borrower is now the fee simple owner of the Real Property; WHEREAS,Borrower and James R.Ross have failed to make payments when due and have defaulted on their obligations under the Note; WHEREAS,On December 14,2012,Lender filed a Mortgage Foreclosure Action against Borrower and James R.Ross in the Court of Common Pleas of Cumberland County,Pennsylvania, at Docket Number 2012-7501 (the"Action"); WHEREAS,Borrower and Lender have negotiated a repayment plan to bring the payments current under the Note;and 1 • • • WHEREAS, the parties execute this Agreement to document the repayment plan and incorporate all documents,terms,and conditions previously executed by Borrower that are related to this Agreement. NOW THEREFORE, in consideration of the mutual promises and undertakings of the parties set forth herein,and with the intention of being legally bound hereby,the parties hereto agree as follows: (A) paymcn Borrower agrees to resume making payments as required under the Note on the first day of each month beginning April 1,2013,in the amount of$336.98. (B) Arrearage Payments. Borrower agrees to pay an additional payment of S 173.02 on the first day of each month beginning April 1,2013. Said additional payments will continue until such time as the arrearage is cured and Borrower's account is brought current. Borrower may pay Lender more than the additional payment of$173.02 in order to cure the arrears earlier. (C) Additional Document3, The Borrowers shall execute and deliver such additional documents and instruments as the Lender may reasonably require in order to effectuate this Agreement. (D) The Action. Lender shall not move forward with the Action as long as Borrower continues to make the payments and additional payments as required herein and otherwise complies with the terms of the Note and Mortgage. (E) Effect. This Agreement will take effect and is conditioned upon and not effectuated until receipt of the first payment of$510.00 due on or before April 1,2013. (F) Captions. The captions or headings of the paragraphs of this Agreement are for convenience only and shall not control or affect the meaning or construction of any of the terms or provisions of this Agreement. (G) Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania and jurisdiction over any dispute shall lie in the Court of Common Pleas of Cumberland County,Pennsylvania. (H) Default. Should Borrower be in default of this Agreement or any other agreement entered into with Lender,after any applicable notice period,Lender may proceed with any and all remedies as permitted by law,including the termination of this Agreement. 2 M (I) No Waiver. No failure or delay on the part of the Lender in the exercise of any right, power or remedy shall operate as a waiver thereof;nor shall any single or partial exercise of any right,power or remedy preclude any other or further exercise thereof;or the exercise of any other right power or remedy. Witness: Borrower r ' ,, , 9.,......g, 1 1:1■1 _, .a96t '11.,1 Name: Denise Ross Starner Title: s/Wa Denise Marie Ross Attest: Lender. Mist Federal Credit Union Afr.L.1,...c.a..310,,..._•—2,...;„\ �cn &lYl(Ylcl5 �I�.�. „� 1„ .. .�,.,-a.� (o)1e a a n )4 a r a j eC 3 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. Ross 107 Pennsylvania Avenue, Carlisle Pennsylvania 17013 Pro Se Defendant Jaime M. Haley, Esquire MidPenn Legal Services 401 East Louther Street, Suite 103 Carlisle, PA 17013 Attorney for Defendant Denise M. Ross MARTSON LAW OFFICES By: , / / [ , ifr_ ; M.ry !i. Price Ten ast High Street Carlisle, PA 17013 Dated: o�i//o// 1-- (717) 243-3341 MEMBERS 1ST FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS OF UNION, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : NO. 2012-7501 CIVIL TERM JAMES R. ROSS and • DENISE M. ROSS, • Defendants : IN MORTGAGE FORECLOSURE ORDER AND NOW, this it day of F. ,.7 , 2014, upon consideration of Plaintiff's Motion to Lift the Stay, it appearing that Defendant James R. Ross has 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 him of the Amended Complaint in this action, and it further appearing that the 60 day deadline to file the said Request has expired, and it further appearing that Defendant Denise M. Ross has not complied with the terms agreed to at the Conciliation Conference, said Motion is hereby granted and it is Ordered that the Stay is hereby lifted. BY THE COURT, A, - 4/- J. Distribute to: Christopher E. Rice Esquire ./mime Haley, Esquire MARTSON LAW OFFICES MidPenn Legal Services 10 East High Street 401 East Louther Street, Suite 103 Carlisle, PA 17013 Carlisle, PA 17013 Counsel for Plaintiff Counsel for Defendant Denise M. Ross ../1\-4-r. James R. Ross 107 Pennsylvania Avenue, Carlisle, Pennsylvania 17013 , ..;..' • rri a Pro Se Defendant r = cr)C p °c1 ear Mai{EL 7>c-) Ol,gny , F:\FILES\Clients\11470 Members 1st\l 1470 Current\11470.229 Ross\11470.229.pra default wpd Christopher E. Rice, Esquire i+ 2 Attorney I.D. No. 90916 :Ut,1 iElr( awi Aaron S. Haynes, Esquire PENNSYLVANIA Attorney I.D. No. 307746 MARTSON DEARDORFF WILLIAMS OTTO GILROY& FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MEMBERS 1ST FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS OF UNION, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : NO. 2012-7501 CIVIL TERM JAMES R. ROSS and • DENISE M. ROSS, • 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. Ross and Denise M. Ross in the amount of$35,787.12, plus interest from November 28, 2012, at the rate of$9.12 per day until the debt is paid in full, 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. Ross and Denise M. Ross on February 24, 2014,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: Christopher E. Rice, Esquire I.D. Number 90916 ��y77� Aaron S. Haynes, Esquire � i/6•3-°/, I.D. No. 307746 e Ten East High Street C. Carlisle, PA 17013 r7 (717) 243-3341 �/� 303,2 s Dated: 341 -14 Attorneys for Plaintiff 1\10 .ce - F:\FILES\Clients\11470 Members 1st\11470 Current\11470.229 Ross\11470.229.10 day.James.wpd Christopher E. Rice, Esquire Attorney I.D. No. 90916 Aaron S. Haynes, Esquire Attorney I.D. No. 307746 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717)243-3341 Attorneys for Plaintiff MEMBERS 1ST FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS OF UNION, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff • v. : NO. CIVIL TERM • JAMES R. ROSS and • DENISE M. ROSS, Defendants : IN MORTGAGE FORECLOSURE IMPORTANT NOTICE TO: James Ross DATE OF NOTICE: February it 2014 107 Pennsylvania Avenue Carlisle,PA 17013 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: Christopher E. Rice, Esquire This is a debt collecting firm attempting to collect a debt for Members 1s`Federal Credit Union. Any information obtained will be used for that purpose. F:\FILES\Clients\11470 Members 1st\11470 Current 11470.229 Ross 11470.229.10 day.Denise.wpd Christopher E. Rice, Esquire Attorney I.D.No. 90916 Aaron S. Haynes, Esquire Attorney I.D. No. 307746 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717)243-3341 Attorneys for Plaintiff MEMBERS 1ST FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS OF UNION, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff • v. : NO. 2012-7501 CIVIL TERM JAMES R. ROSS and • DENISE M. ROSS, • Defendants : IN MORTGAGE FORECLOSURE IMPORTANT NOTICE TO: Denise M. Ross DATE OF NOTICE: February!/,2014 do Jaime Haley,Esquire 401 East Louther,St.,Suite 103 Carlisle,PA 17013 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: C4 S' Christopher E. Rice, 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. 1, . . , 1€V 21 A11 !": tl F:\FILES\Clients\11470 Members 1st\11470 Current\11470.229 Ross\11470.229.pra.default.wpd Christopher E. Rice, Esquire C U M B E RL A h o Ci 1; i f Attorney I.D. No. 90916 PENNSYLVANIA Aaron S. Haynes, Esquire Attorney I.D. No. 307746 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MEMBERS 1ST FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS OF UNION, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff • v. : NO. 2012-7501 CIVIL TERM JAMES R. ROSS and • DENISE M. ROSS, • Defendants : IN MORTGAGE FORECLOSURE AFFIDAVIT AS TO MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA ) :SS. COUNTY OF CUMBERLAND ) Christopher E. Rice, Esquire, being duly sworn according to law, deposes and says that he has authority to make this affidavit on behalf of his client, and to the best of his knowledge, information and belief, Defendants James R.Ross and Denise M.Ross,above named are not in the military service of the United States of America, that he has knowledge that the said Defendant Denise M. Ross's last known address is: 148 East North Street, Carlisle, PA 17013,and Defendant James R. Ross's last know address is 107 Pennsylvania Avenue, Carlisle, PA 17013. Said Defendants' place of employment is unknown. CZA Christopher E. Rice, Esquire Sworn to and subscribed before me this,2is3 day of March, 2014. COMMONWEALTH OF PENNSYLVANIA N,at.01 Public Notarial Seal Mary M.Price,Notary Public Carlisle Ebro,Cumberland County upon Expires Aug.18,2015 M moot 1 TION OF NOTARIES ,t F:\FILES\Clients\11470 Members 1st\11470 Current\11470.229 Ross\11470.229.pra.default.wpd Christopher E. Rice, Esquire Attorney I.D. No. 90916 Aaron S. Haynes, Esquire Attorney I.D. No. 307746 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MEMBERS 1ST FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS OF UNION, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : NO. 2012-7501 CIVIL TERM JAMES R. ROSS and . DENISE M. ROSS, • Defendants : IN MORTGAGE FORECLOSURE COMMONWEALTH OF PENNSYLVANIA ) : SS COUNTY OF CUMBERLAND ) Christopher E. Rice, Esquire, being duly sworn according to law, deposes and says that he is an employee of MARTSON DEARDORFF WILLIAMS OTTO GILROY&FALLER,attorneys for the Plaintiff in the above captioned matter and that pursuant to the provisions of the Pennsylvania Rules of Civil Procedure, a notice of intention to enter default judgment against Defendants James R. Ross and Denise M. Ross was given to them by mail on February 24, 2013. 0_....-K A c K Christopher E. Rice, Esquire Sworn to and subscribed before me this,2,/sf day of 9 , 2014. /41 i C21, Noka j'ublic COMMONWEALTH OF PENNSYLVANIA Notarial Seal Mary M.Price,Notary Public Carlisle Boro,Cumberland County My Commission Expires Aug.18,2015 MEMBER,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. Ross 107 Pennsylvania Avenue Carlisle, PA 10713 Denise M. Ross c/o Jaime Haley, Esquire 401 East Louther Street, Suite 103 Carlisle, PA 17013 Denise M. Ross a/k/a Denise Ross Starner 148 East North Street Carlisle, PA 17013 MARTSON LAW OFFICES By C),A4,e-e; M . Price 10 ast High Street Carlisle, PA 17013 Dated: L3/o?i///f 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. Christopher E. Rice, Esquire Attorney I.D. No. 90916 Aaron S. Haynes, Esquire Attorney I.D. No. 307746 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MEMBERS 1ST FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS OF UNION, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff • v. : NO. 2012-7501 CIVIL TERM JAMES R. ROSS and • DENISE M. ROSS, • Defendants : IN MORTGAGE FORECLOSURE TO: JAMES R. ROSS NOTICE OF ENTRY OF DEFAULT JUDGMENT You are hereby notified that on the p7/ day of March,2014,the following Judgment was entered against you in the above-captioned action: judgment in the amount of$$35,787.12, plus interest from November 28,2012,at the rate of$9.12 per day until the debt is paid in full,for failure to file an Answer to Plaintiffs Complaint. Date: 34 OV Proth I hereby certify that the name and address of the proper person to receive this notice under Pa. R. Civ. P. 236 is: James R. Ross 107 Pennsylvania Avenue Carlisle, PA 17013 F:\FILES\Clients\11470 Members lst\11470 Current\11470.229 Ross\11470.229.pra.default.wpd Christopher E. Rice, Esquire Attorney I.D. No. 90916 Aaron S. Haynes, Esquire Attorney I.D. No. 307746 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MEMBERS 1ST FEDERAL CREDIT •• IN THE COURT OF COMMON PLEAS OF UNION, •• CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff • v. : NO. 2012-7501 CIVIL TERM • JAMES R. ROSS and • DENISE M. ROSS, Defendants •• IN MORTGAGE FORECLOSURE TO: DENISE M. ROSS NOTICE OF ENTRY OF DEFAULT JUDGMENT / 5f You are hereby notified that on the .2/ day of March,2014,the following Judgment was entered against you in the above-captioned action:judgment in the amount of$$35,787.12, plus interest from November 28,2012,at the rate of$9.12 per day until the debt is paid in full,for failure to file an Answer to Plaintiffs Complaint. Date: 3/2 ( // e Prothonotary I hereby certify that the name and address of the proper person to receive this notice under Pa. R. Civ. P. 236 is: Denise M. Ross do Jaime Haley, Esquire 401 East Louther Street, Suite 103 Carlisle, PA 17013 Denise M. Ross a/k/a Denise Ross Starner 148 East North Street Carlisle, PA 17013 THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suite100 • Carlisle, PA • 17013 (717) 240-6195 www.ccpa.net Members ls` Federal Credit Union Vs. James R. Ross and Denise M. Ross WRIT OF EXECUTION NO 2012-7501 Civil Term CIVIL ACTION — LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above matter you are directed to levy upon and sell the following described property: (1) See legal description. (2) (Specifically describe personal property when judgment results from a mortgage covering both personal and real property pursuant to Section 9604(a)of the Uniform Commercial Code) NOTE: Description of property must be attached to the writ. Amount Due: $31,008.62 L.L.: $.50 Interest as of November 28, 2012 $1,127.95 Interest accruing at $9.12 per day from November 28, 2012 Atty's Comm: Atty Paid: $205.20 Late Fees $50.55 Attorney's Fees $3,100.00 Plaintiff Paid: Date: (Seal) Due Prothy: Other Costs: Court Costs and Fees (estimated) $500.00 David D. Buell, Prothon. ary By: REQUESTING PARTY: Name: Christopher E. Rice, Esq. Martson Deardorff Williams Otto Gilroy & Faller Martson Law Offices Address: 10 East High St. Carlisle, PA 17013 Attorney for: Plaintiff Telephone: 717-243-3341 Supreme Court ID No. 90916 Deputy F:\FILES\Clients\11470 Members 1st \11470 Current \11470.229 Ross \I 1470.229.Ross.Writ ofExecution.wpd Christopher E. Rice, Esquire Attorney I.D. No. 90916 Aaron S. Haynes, Esquire Attorney I.D. No. 307746 Cif: THE PROTHONOTARY 2014 MAY -5 PM 2: 35 CUMBERLAND COUNTY PENNSYLVANIA MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MEMBERS 1ST FEDERAL CREDIT UNION, Plaintiff v. JAMES R. ROSS and DENISE M. ROSS, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2012 - 7501 CIVIL TERM : IN MORTGAGE FORECLOSURE PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please issue a writ of execution in the above matter, directed to the Sheriff of Cumberland County; against James R. Ross and Denise M. Ross, a/k/a Denis Ross Starner, Defendants; and execute against real property known as 148 East North Street, Carlisle, Cumberland County, Pennsylvania, owned by Defendants James R. Ross and Denise M. Ross, a/k/a/ Denise Ross Starner, and identified on Exhibit "A" attached hereto. Principal Balance: $ 31,008.62 Interest as of November 28, 2012: $ 1,127.95 Interest accruing at $9.12 per day from November 28, 2012: $ Late Fees: $ 50.55 Court Costs and Fees (estimated): $ 500.00* Attorney's Fees: $ 3,100.00 Total Due as of November 28, 2012: $ * To be determined by the Cumberland County Sheriff. pie. 56-y, ic3.7 :sz2 .- N I certify that: (a) This Praecipe is based upon a judgment by confession; and (b) Notice will be served at least thirty days prior to the date of the sheriff's sale of real property pursuant to Rule 2958.2. Date: 5/1 /Pf MARTSON LAW OFFICES By: C.-4'4 S Christopher E. Rice, Esquire I.D. No. 90916 Aaron S. Haynes, Esquire I.D. No. 307746 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff This is a debt collecting firm attempting to collect a debt for Members 15` Federal Credit Union and any information obtained will be used for that purpose. EXHIBIT "A" DOCKET NO. 2012-7501 Parcel No: 02-21-0318-241 ALL THAT CERTAIN tract of land and the improvements thereon situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on East North Street, which point is also the northeastern corner of the property herein conveyed and the northwestern corner of property known and numbered as 150 East North Street; thence southwardly through the center of the partition wall between the house herein conveyed and the house built on the property on the East, and continuing to a point on the northern line of Locust Alley, a distance of 240 feet; thence westwardly along the northern line of Locust Alley, a distance of 8 feet 6 inches to a point in the line of land now or formerly of D.B. Wilson; thence along the latter, northwardly, a distance of 205 feet to a point; thence along the same, westwardly, a distance of 8 feet 5 inches to a point thence along the same, northwardly, a distance of 35 feet to a point on said East North Street; thence eastwardly along North East Street, a distance of 16 feet 11 inches to a point, the Place of BEGINNING. HAVING erected thereon a 2 '/2 story frame dwelling known and numbered as 148 East North Street, Carlisle, Pennsylvania. SUBJECT, NEVERTHELESS, to the right of the owners, their heirs and assigns, of the property at 146 East North Street on the western side of the lot hereby conveyed, and also the owners, their heirs and assigns, of the property at 150 East North Street on the eastern side of the lot hereby conveyed, to the right of ingress and egress over and through the alleyway or passageway running southwardly from East North Street, a distance of approximately 35 feet, which alleyway is 2 feet 9 inches wide, is constructed on the western side of the lot hereby conveyed, extending 127 feet northwardly from the northern line of Locust Alley, and which shall be kept open for the free and uninterrupted use of the same by the owners and occupiers of 145, 148 and 150 East North Street. TO BE SOLD AS THE PROPERTY OF DENISE MARIE ROSS ON JUDGMENT ENTERED AT THE ABOVE NUMBER AND TERM. This is a debt collecting firm attempting to collect a debt for Members 1st Federal Credit Union and any information obtained will be used for that purpose. Christopher E. Rice, Esquire i= ! �_ t= E J- O r Attorney I.D. No. 90916 ; EiE PROTHON0 TAl Aaron S. Haynes, Esquire 5 Attorney I.D. No. 307746 GD i li MAY -5 PM 2: 3 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALL> � ggRLAND COUNTY MARTSON LAW OFFICES PENNSYLVANIA 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 - 7501 CIVIL TERM JAMES R. ROSS and DENISE M. ROSS, Defendants : IN MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 Members 1st Federal Credit Union, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 148 East North Street, Carlisle, Cumberland County, Pennsylvania, and as further described in Exhibit "A" attached hereto: 1. Name and address of owner(s) or reputed owner(s): James R. Ross 107 Pennsylvania Avenue Carlisle, PA 17013 Denise M. Ross a/k/a Denise Ross Starner 148 East North Street Carlisle, PA 17013 2. Name and address of defendant(s) in the judgment: James R. Ross 107 Pennsylvania Avenue Carlisle, PA 17013 Denise M. Ross a/k/a Denise Ross Starner 148 East North Street Carlisle, PA 17013 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Members 1St Federal Credit Union 5000 Louise Drive Mechanicsburg, PA 17055 CACH, LLC 370 17th Street, Suite 500 Denver, CO 80202 CACH, LLC c/o Harrison Ross Byck, Esq., LLC 15 Public Square, Suite 202 Wilkes-Barre, PA 18701 Capital One Bank (U.S.A.) N.A. c/o Patenaude and Felix, A.P.C. 213 East Main Street Carnegie, PA 15106 Asset Acceptance, LLC c/o Edwin A. Abrahamson and Assoc. 120 North Keyser Avenue Scranton, PA 18504 GC III/Delaware Corp. 8405 SW Nimbus Avenue, Suite A Beaverton, OR 970085 GC III, LLC/Delaware Corp. c/o Fulton, Friedman, and Gullace LLP 130B Gettysburg Pike Mechanicsburg, PA 17055 Adams County National Bank 675 Old Harrisburg Road Gettysburg, PA 17325 4. Name and address of the last recorded holder of every mortgage of record: Members 1St 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: Cumberland County Tax Claims Bureau 1 Courthouse Square Old Courthouse, Room 106 Carlisle, PA 17013 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: None I 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. Date:--/ —/ I/ MARTSON LAW OFFICES By: Christopher E. Rice, Esquire This is a debt collecting firm attempting to collect a debt for Members 1st Federal Credit Union and any information obtained will be used for that purpose. EXHIBIT "A" DOCKET NO. 2012-7501 Parcel No: 02-21-0318-241 ALL THAT CERTAIN tract of land and the improvements thereon situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on East North Street, which point is also the northeastern corner of the property herein conveyed and the northwestern corner of property known and numbered as 150 East North Street; thence southwardly through the center of the partition wall between the house herein conveyed and the house built on the property on the East, and continuing to a point on the northern line of Locust Alley, a distance of 240 feet; thence westwardly along the northern line of Locust Alley, a distance of 8 feet 6 inches to a point in the line of land now or formerly of D.B. Wilson; thence along the latter, northwardly, a distance of 205 feet to a point; thence along the same, westwardly, a distance of 8 feet 5 inches to a point thence along the same, northwardly, a distance of 35 feet to a point on said East North Street; thence eastwardly along North East Street, a distance of 16 feet 11 inches to a point, the Place of BEGINNING. HAVING erected thereon a 2 1/2 story frame dwelling known and numbered as 148 East North Street, Carlisle, Pennsylvania. SUBJECT, NEVERTHELESS, to the right of the owners, their heirs and assigns, of the property at 146 East North Street on the western side of the lot hereby conveyed, and also the owners, their heirs and assigns, of the property at 150 East North Street on the eastern side of the lot hereby conveyed, to the right of ingress and egress over and through the alleyway or passageway running southwardly from East North Street, a distance of approximately 35 feet, which alleyway is 2 feet 9 inches wide, is constructed on the western side of the lot hereby conveyed, extending 127 feet northwardly from the northern line of Locust Alley, and which shall be kept open for the free and uninterrupted use of the same by the owners and occupiers of 145, 148 and 150 East North Street. TO BE SOLD AS THE PROPERTY OF DENISE MARIE ROSS ON JUDGMENT ENTERED AT THE ABOVE NUMBER AND TERM. This is a debt collecting firm attempting to collect a debt for Members ls` Federal Credit Union and any information obtained will be used for that purpose. Christopher E. Rice, Esquire Attorney I.D. No. 90916 4. - THE PROTH0NO T;�A `I; Aaron S. Haynes, Esquire 2EJIli MAY -5 PM 2: 36 Attorney I.D. No. 307746 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLEICUMBERL AND COUNTY MARTSON LAW OFFICES PENNSYLVANIA 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MEMBERS 1 ST FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS OF UNION, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : NO. 2012 - 7501 CIVIL TERM JAMES R. ROSS and DENISE M. ROSS, 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 Sheriffs Sale of Real Property will be held on September 3, 2014, 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 148 East North Street, Carlisle, Pennsylvania 17013. THE JUDGMENT under or pursuant to which the property is being sold is docketed to: No. 2012-7501, Cumberland County C.C.P., Pennsylvania. THE NAME OF THE OWNERS OR REPUTED OWNERS OF THE PROPERTY are James R. Ross and Denise M. Ross, a/k/a Denise Ross Starner. 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. Date: � '� cif Cumberland County Bar Association 34 South Bedford Street Carlisle, PA 17013 (717) 249-3166 MARTSON LAW OFFICES By: G. C Christopher E. Rice, Esquire I.D. 90916 Aaron S. Haynes, Esquire I.D. 307746 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff This is a debt collecting firm attempting to collect a debt for Members 1st Federal Credit Union and any information obtained will be used for that purpose. EXHIBIT "A" DOCKET NO. 2012-7501 Parcel No: 02-21-0318-241 ALL THAT CERTAIN tract of land and the improvements thereon situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on East North Street, which point is also the northeastern corner of the property herein conveyed and the northwestern corner of property known and numbered as 150 East North Street; thence southwardly through the center of the partition wall between the house herein conveyed and the house built on the property on the East, and continuing to a point on the northern line of Locust Alley, a distance of 240 feet; thence westwardly along the northern line of Locust Alley, a distance of 8 feet 6 inches to a point in the line of land now or formerly of D.B. Wilson; thence along the latter, northwardly, a distance of 205 feet to a point; thence along the same, westwardly, a distance of 8 feet 5 inches to a point thence along the same, northwardly, a distance of 35 feet to a point on said East North Street; thence eastwardly along North East Street, a distance of 16 feet 11 inches to a point, the Place of BEGINNING. HAVING erected thereon a 21/2 story frame dwelling known and numbered as 148 East North Street, Carlisle, Pennsylvania. SUBJECT, NEVERTHELESS, to the right of the owners, their heirs and assigns, of the property at 146 East North Street on the western side of the lot hereby conveyed, and also the owners, their heirs and assigns, of the property at 150 East North Street on the eastern side of the lot hereby conveyed, to the right of ingress and egress over and through the alleyway or passageway running southwardly from East North Street, a distance of approximately 35 feet, which alleyway is 2 feet 9 inches wide, is constructed on the western side of the lot hereby conveyed, extending 127 feet northwardly from the northern line of Locust Alley, and which shall be kept open for the free and uninterrupted use of the same by the owners and occupiers of 145, 148 and 150 East North Street. TO BE SOLD AS THE PROPERTY OF DENISE MARIE ROSS ON JUDGMENT ENTERED AT THE ABOVE NUMBER AND TERM. This is a debt collecting firm attempting to collect a debt for Members 1s` Federal Credit Union and any information obtained will be used for that purpose. Christopher E. Rice, Esquire Attorney I.D. No. 90916 Aaron S. Haynes, Esquire Attorney I.D. No. 307746 r ���,,���B�AFIY r MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALRLNS C U YL' MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff +_ THE n0T QPQ.'>;T�', IJ f-4 MAY d n4Y2; MEMBERS 1ST FEDERAL CREDIT UNION, Plaintiff v. JAMES R. ROSS and DENISE M. ROSS, Defendants : IN MORTGAGE FORECLOSURI : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNYL�VANIA NO. 2012 - 7501 CIVIL TERM' cn CD -71 CD N ,_0 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 12' day of May, 2014, 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 / Tau day of 0.14c -e) ubl c COMMONWEALTH OF PENNSYLVANIA Notarial Seal Mary M. Price, Notary Public Carlisle 8oro, Cumberianeou tY My Commission'�� AU9. 2015 AS:C[ATION OF NOTARIES NSYLY Date: 57/ 7//X., , 2014. Christopher E. Rice, Esquire I.D. No. 90916 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff This is a debt collecting firm attempting to collect a debt for Members 1st Federal Credit Union and any information obtained will be used for that purpose. UNITED STATES POSTAL SERVICEs Certificate Of Mailing 3 Vi SOd sn 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. From: MARTSUN LAW OFFICES C 4") 4;9 SEITSVIH To: Capital One lank (U.S.A.) N.A. Patenaude and Felix, A.P.C.‘-01 213 East Main Street PS Forrn 3817, April 2007 PSN 7530-02-000-9065 UNITED STATES POSTAL SERVICE* Certificate Of Mailing This Certificate of Mailing provides evidence that mail has been presented to USPS® for mailing. This form may be used for domestic and intemational mail. From: 370 17-01 Street,.Suite 500 Denver, CO 80202 PS Form 3817, April 2007 PSN 7530-02-000-9065 US POS AGE UNITED STATES Certificate Of 1154 POSTAL SERVICE Mailing : I SOd sn 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. From: To: MARTSON LAW OFFICES Cumberland enmity Tax Claims Burea�l.f', 1 Courthouse Square uld Courthouse, Room 106 Carlisle, PA 17013 PS Form 3817, April 2007 PSN 7530-02-000-9065 UNITED STATES certifi ate Of POSTAL SERVICEMilin g This Certificate of Mailing provides evidence that mall has been presented to USPS® for mailing. This form may be used for domestic and international mail. from: MARTSON LAW OFFICES To: CACH LLC c/o Harrison Ross Byck, Esq., L 15 Public Square, Suite 202 Wilkes-Barre, PA 18701 PS Form 3817.April 2007 PSN 7530-02-000-9065 14 t 3JYiSOd sn SPA !;'AY 12 Lai usp`21 0I O M 1SVH aUNITED STATES Certificate Of POSTAL SERVICE Mailing This Cr t maybeb f used or provides evidence and internationalmall mail.n presented to USPS® for mailing. fo From: 1vAARTSON LAW OFFICES 10 East Hi�stl S�Ee Carlisle, PA 17013 pA To: la Asset Acceptance, LLC 20/D c/o Edwin A. Abrahamson and •�7._ 120 North Keyser Avenue Scranton, PA 18504 PS Form 3817, April 2007 PSN 7530-02-000-9065 1 3OVISOd Sn r- Oi • N Cs N 1 . r t(') Q 0 2131SVH UNITED STATES Certificate Of POSTAL SERVICE Mailing 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. From: MARTSON LAW OFFIM PA 10 East High Street Carlisle, PA 17013 ('t, %l, w To: GC III/Delaware 8405 SW Nimbus Avenue, Suite A Beaverton, OR 97008 PS Form 3817, April 2007 PSN 7530-02-000-9065 UNITED STATES POSTAL SERVICE Certificate Of Mailing 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. From: MARTSON LAW OFFICES 10 East High Street To: GC III, LLC/Delaware Corp. \,4. c/o Fulton, Friedman and Gullaa ., LP .•n tc cue . N 130B Gettysburg Pike Mechanicsburg, PA 17055 PS Form 3817, April 2007 PSN 7530-02-000-9065 3OVlSOd Sn M lj CH o� O O N M N Q z a 3 TS a31SVH 3OV1SOd sn V V OI tl' o o M - E r ' LL o 1 2I31SVH UNITED STATES Certificate Of POSTAL SERVICE Mailing 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. From: MARTSON LAW OFFICES 10 East idtgl. Stip Carlisle, PA 1701 3DVISOd Sn 501 O M EA To: Adams County National Bank Harrisburg Road Gettysburg, PA 17325 PS Form 3817, April 2007 PSN 7530-02-000-9065 05/12/2014 1SVH �UNITED STATES � POST/JL SERVICES Certificate OfMailing 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. From: LVLt11t L J JLM L t'1w va a ava:v /---ce gr. 10 Fast High Street G �`f>'tP Carlisle, PA 17013 o ! r�,1 To: Members 1st.Federal Credit Uni 5000 Louise Drive Mechanicsburg, PA 17055 PS Form 3817, April 2007 PSN 7530-02-000-9065 11 .i SOd sn to . l AIWA !1! • ,TI Christopher E. Rice, Esquire Attorney I.D. No. 90916 Aaron S. Haynes, Esquire Attorney I.D. No. 307746 Exp` THE PROTHONOTARY t4 JUL 22 hi lat 52- MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER CUMBERLAND COUNTY MARTSON LAW OFFICES PENNSYLVANIA 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 - 7501 CIVIL TERM JAMES R. ROSS and DENISE M. ROSS, Defendants : IN MORTGAGE FORECLOSURE AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 Members 1st Federal Credit Union, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 148 East North Street, Carlisle, Cumberland County, Pennsylvania, and as further described in Exhibit "A" attached hereto: 1. Name and address of owner(s) or reputed owner(s): James R. Ross 107 Pennsylvania Avenue Carlisle, PA 17013 Denise M. Ross a/k/a Denise Ross Starner 148 East North Street Carlisle, PA 17013 2. Name and address of defendant(s) in the judgment: James R. Ross 107 Pennsylvania Avenue Carlisle, PA 17013 Denise M. Ross a/k/a Denise Ross Starner 148 East North Street Carlisle, PA 17013 E 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Members 1St Federal Credit Union 5000 Louise Drive Mechanicsburg, PA 17055 CACH, LLC 370 17th Street, Suite 5000 Denver, CO 80202 CACH, LLC c/o Harrison Ross Byck, Esq., LLC 15 Public Square, Suite 202 Wilkes-Barre, PA 18701 Capital One Bank (U.S.A.) N.A. c/o Patenaude and Felix, A.P.C. 213 East Main Street Carnegie, PA 15106 Asset Acceptance, LLC c/o Edwin A. Abrahamson and Assoc. 120 North Keyser Avenue Scranton, PA 18504 GC III/Delaware Corp. 8405 SW Nimbus Avenue, Suite A Beaverton, OR 97008 GC III, LLC/Delaware Corp. c/o Fulton, Friedman, and Gullace LLP 130B Gettysburg Pike Mechanicsburg, PA 17055 Harrison Ross Byck, Esq., P.C. Attn: Leonard A. Sanguedolce, Esq. 15 Public Square, Suite 202 Wilkes-Barre, PA 18701 Amy F. Doyle, Esq. Mann Bracken, LLP 4660 Trindle Road, Suite 300 Camp Hill, PA 17011 4. Name and address of the last recorded holder of every mortgage of record: Members 1St 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: Cumberland County Tax Claims Bureau 1 Courthouse Square Old Courthouse, Room 106 Carlisle, PA 17013 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: None I 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. Date: 6. - Z 11— / If MARTSON LAW OFFICES I By: Christopher E. Rice, Esquire This is a debt collecting firm attempting to collect a debt for Members 1st Federal Credit Union and any information obtained will be used for that purpose. EXHIBIT "A" DOCKET NO. 2012-7501 Parcel No: 02-21-0318-241 ALL THAT CERTAIN tract of land and the improvements thereon situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on East North Street, which point is also the northeastern corner of the property herein conveyed and the northwestern corner of property known and numbered as 150 East North Street; thence southwardly through the center of the partition wall between the house herein conveyed and the house built on the property on the East, and continuing to a point on the northern line of Locust Alley, a distance of 240 feet; thence westwardly along the northern line of Locust Alley, a distance of 8 feet 6 inches to a point in the line of land now or formerly of D.B. Wilson; thence along the latter, northwardly, a distance of 205 feet to a point; thence along the same, westwardly, a distance of 8 feet 5 inches to a point thence along the same, northwardly, a distance of 35 feet to a point on said East North Street; thence eastwardly along North East Street, a distance of 16 feet 11 inches to a point, the Place of BEGINNING. HAVING erected thereon a 2' /2 story frame dwelling known and numbered as 148 East North Street, Carlisle, Pennsylvania. SUBJECT, NEVERTHELESS, to the right of the owners, their heirs and assigns, of the property at 146 East North Street on the western side of the lot hereby conveyed, and also the owners, their heirs and assigns, of the property at 150 East North Street on the eastern side of the lot hereby conveyed, to the right of ingress and egress over and through the alleyway or passageway running southwardly from East North Street, a distance of approximately 35 feet, which alleyway is 2 feet 9 inches wide, is constructed on the western side of the lot hereby conveyed, extending 127 feet northwardly from the northern line of Locust Alley, and which shall be kept open for the free and uninterrupted use of the same by the owners and occupiers of 145, 148 and 150 East North Street. TO BE SOLD AS THE PROPERTY OF DENISE MARIE ROSS ON JUDGMENT ENTERED AT THE ABOVE NUMBER AND TERM. This is a debt collecting firm attempting to collect a debt for Members ls` Federal Credit Union and any information obtained will be used for that purpose. Christopher E. Rice, Esquire ILED•� It�? Attorney I.D. No. 90916F ROTNG;'�`: Aaron S. Haynes, Esquire Attorney I.D. No. 307746 2414 JUL 21 PM MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER CUMBERLAND COL MARTSON LAW OFFICES FENN$YLVANIr . 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MEMBERS 1 ST FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS OF UNION, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 2012 - 7501 CIVIL TERM c JAMES R. ROSS and M ' DENISE M. ROSS, Defendants : IN MORTGAGE FORECLOSUREI _CID =c= r„ AFFIDAVIT OF NOTIFICATION � L Christopher E.Rice,Esquire,attorney for Plaintiff,first having been duly affirmed according to law, deposes and says that on May 12, 2014, he notified all known lien creditors and any other parties listed in the 3129.1 Affidavit of the Sheriffs sale in the above-captioned action for the property located at 148 East North Street, Carlisle,Cumberland County,Pennsylvania 17013, with 3817 certificates of mailing. He now files this Amended Affidavit with copies of the 3817 certificates of mailing attached hereto. Affirmed and subscribed to before me this Zj day of , 2014. l. No ublic COMMONWEALTH OF PENNSYLVANIA Christopher E. Rice, Esquire Notarial seal I.D. No. 90916 Mary M price,Notary Public Aaron S. Haynes, Esquire Carlisle Boro,Cumberland County Commission sires Aug.18,2015 I.D. No. 307746 MEMOK 1401019nVANTA ASSOcIATION OF NOTARIES Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Date: *J/1_1117 Attorneys for Plaintiff This is a debt collecting firm attempting to collect a debt for Members 1s1 Federal Credit Union and any information obtained will be used for that purpose. � UNITEDSTATES Certificate 01 POSTALSERVIM, MailinS 3�)vssud �{ Thta Cer0ftMe of pmvldor*VW$noU thK m Wl hq tin prsawrtod to USPS®for me". This form may be wad 16r dorrwstle u+d MiKrntlorni mal. From: MARTSON LAW OFFICE .q c E 0 East High Street ,,/`` <x: ' ; 0) lsvk To, Harrison Ross Byck, Esq. , P.C. e Attn: Leonard A. Sanuedolce, Esq. k; r 15 Pu blic Square, Suite 202 . j Wilkes,–Barre, PA 18701 , PR Fnmt 3917 Amit 2007 PSN 7530-02-000-9065 )OUNITED STATES Certificate Of POSTALSERVEM Mailing I90d1Sad S,,. This Carttlira4 of NlaWrrp aroWes.vld«+cs uru=hat been pr"wted to USPSM for mmWV. This forth may be wad tar domasla and Intarnalonal maA. From: C11 .T NURTSON LAW OFFICES 10 East High Street 4 y R—�\ - : v� ! to '83'MSV H TO: CACH LLC t N 370 1 7 h Street Suite Denver, CO 80202 r 014E r UN/TED STATES POSTA SERVEC Certificate Of d 30VIS C", Thls roan Mailin,nay be�p that mal hey been present Froed to USPSID for mailrp, m: V0rnti mal. I TsoNFFIc 10 East High Street OCES i` acn To: Am F. Do i 831SVI � tl 6 Mann Bracken, LLP 4660 Trindle Road, Suite 300 .yy Cam Hill,l, PA PR Fnrm 3817 Andl 2007 PSM 7530- ' 02-000-90G5 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY LLL 4i I 1 1 1,: i. C. THE PROT; UNO 201Li NOV 17 PM 3:07 CUMBERLAND COUNTY PENNSYLVANIA OFFICE OF T H,SRIF Members 1st Federal Credit Union vs. James Ross (et al.) Case Number 2012-7501 SHERIFF'S RETURN OF SERVICE 06/16/2014 03:41 PM - Deputy Shawn Harrison, 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 148 East North Street, Carlisle, PA 17013, Cumberland County. 06/16/2014 03:41 PM - Deputy Shawn Harrison, 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 Justin Starner, husband, who accepted as "Adult Person in Charge" for Denise Marie Ross at 148 East North Street, Carlisle Borough, Carlisle, PA 17013, Cumberland County. 06/16/2014 05:50 PM - Deputy Shawn Harrison, 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 Gerda Ross, mother, who accepted as "Adult Person in Charge" for James Ross at 107 Pennsylvania Avenue, North Middleton Township, Carlisle, PA 17103, Cumberland County. 09/03/2014 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013, on Wednesday, September, 3, 2014 at 10:00 a.m. He sold the same for the sum of $1.00 to Attorney Christopher E. Rice, on behalf of Members 1st Federal Credit Union, being the buyer in this execution, paid to the Sheriff the sum of $ SHERIFF COST: $1,260.93 SO ANSWERS, October 23, 2014 c) CountVSt.ute Sheriff. Teleosoft, iric. RONR ANDERSON, SHERIFF ,d pot Oa_ -.ZS" ,S7) j0/1- 41-4 PM 3 `3 S-3 On May 13, 2014 the Sheriff levied upon the defendant's interest in the real property situated in Carlisle Borough, Known and numbered as, 148 East North Street, Carlisle, as Exhibit "A" filed with this Writ and by this Reference incorporated herein. Date: May 13, 2014 By: Real Estate Coordinator LXIII 29 CUMBERLAND LAW JOURNAL ' 07/18/14 Writ No. 2012-7501 Civil MEMBERS 1ST FEDERAL CREDIT UNION vs. JAMES ROSS Denise Marie Ross Atty.: Christopher E. Rice ALL THAT CERTAIN tract ofland and the improvements thereon situate in the Bdtbugh of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on East North Street, which point is also the northeastern corner of the property herein conveyed and the northwest- ern corner of property ;known and numbered as ISO East North Street; thence southwardly through the cen- ter of the partition wall between the house herein conveyed and the house built on the property on the East, and continuing to a point on the northern line of Locust 'Alley,•a distance -of 240 feet; thence westwardly along the northern .line of Locust Alley, a distance of 8 feet 6 inches to a point in the line of land now or formerly of D.B. Wilson; thence along the latter, northwar'dly, a distance of 205 feet to a point; thence along the same, west- wardly, a distance of 8 feet 5 inches to a point thence along the same, northwardly, a `distance of 35 feet to a point on said East North Street; thence' eastwardly along North East Street, a distance of 16 feet II inches to a point, the Place of BEGINNING. HAVING erected thereon a 2 1 / 2,story frame dwelling known and numbered as 148 East North Street, Carlisle, Pennsylvania. SUBJECT, NEVERTHELESS, to the right of the owners, their heirs and assigns, of the property at 146 East North Street on the western side of the lot hereby conveyed, and also the owners, their heirs and assigns, of the property at 150 East North Street on the eastern side of the lot hereby conveyed, to the right of ingress and egress over and through the alleyway or passageway running southwardly from East North Street, a distance of approximately 35 feet, which alleyway is 2 feet 9 inches wide, is constructed on the western side of the lot hereby conveyed, ex- tending 127 feet northwardly from the northern line of Locust Alley, and which shall be kept open for the free. and uninterrupted use of the same by ,the owners and occupiers of 145; 148 and 150 East North Street. TO BE ,SOLD AS THE PROPERTY , OF DENISE MARIE ROSS ON JUDG- MENT ENTERED AT THE ABOVE NUMBER AND TERM. . This is a debt collecting firm at- tempting ,to collect a' debt for Mem- bers 1" Federal Credit Union and any information obtained will be used for that purpose. 87 The Patriot -News Co. 1900 Patriot Drive • Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 he lJatriot*News 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 Amy Kotula, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 1900 Patriot Drive, 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. 2012.7 1 Civil Ter MEMBE 1ST FEDE L CR IT UNION vs. - JAMES ROSS Denise Marie Ross Atty: Christopher E Rice ALL THAT CERTAIN tract of land and the improvements thereon situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on East North Street, which point is also the northeastern corner of the property herein conveyed and the northwestern corner of property known and numbered as ISO East North Streete ,• -- y through the center of the partition , wall between the house herein conveyed and the house built on the property on the East, and continuing Lk Sworn to This ad ran on the date(s) shown below: 07/13/14 07/20/14 07/27/14 subscribed before me this 20 day of August, 2014 A.D. r Nctary 1',ubli _ COMMONWEALTH OF PENNSYLVANIA.. NOTARIAL SEAL Sheryl Marie Leggore, Notary Public Hampden Twp., Cumberland County My Commission Expires July 16, 2011i MEMBER. PENNSYLVANIA ASSOCIATION OF NOTA.k$ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: I, Tammy Shearer, Recorder of Deeds in and for said County and State do hereby certify that the Sheriffs Deed in which Members 1st Federal Credit Union is the grantee the same having been sold to said grantee on the 3rd day of September A.D., 2014, under and by virtue of a writ Execution issued on the 5th day of May, A.D., 2014, out of the Court of Common Pleas of said County as of Civil Term, 2012 Number 7501, at the suit of Members 1st Federal Credit Union against James R. Ross and Denise M. Ross is duly recorded as Instrument Number 201426548. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this '7 , A.D. Da 14 day of Fas Recorder of Deeds, Cumberland County, Carlisle, PA My Commission Expires the First Monday of Jan. 2018 J. i COMMONWEALTH OF PENNSYLVANIA i 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: July 11, July 18 and July 25, 2014 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 oyne, Editpr SWORN TO AND SUBSCRIBED before me this 25 day of July, 2014 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO., CUMBERLAND CNTY My Commission Expires Apr 28, 2018