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HomeMy WebLinkAbout13-7700 Supreme Courf-f>Pennsylvania Court OfrCO °m For Prothonotary Use Only: Civil Cover,;Sheet Docket No:F'1 il. CUM .Al, County 13 -- I d� �v� ' w .�. The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by lair or rules of court. Commencement of Action: S 0 Complaint E3 Writ of Summons ❑ Petition Transfer from Another Jurisdiction Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: Members 1st Federal Credit Union Richard J. Nazay T Dollar Amount Requested: r1within arbitration limits V I Are money damages requested? Yes 0 No (check one) 0outside arbitration limits O N Is this a Class Action Suit? [] Yes [E No Is this an MDJAppeal? (3 Yes El No A Name of Plaintiff /Appellant's Attorney: Christopher E. 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TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS Intentional E3 Buyer Plaintiff Administrative Agencies [] Malicious Prosecution E] Debt Collection: Credit Card n Board of Assessment in Motor Vehicle Debt Collection: Other [] Board of Elections IQ Nuisance C] Dept. of Transportation [3 Premises Liability 0 Statutory Appeal: Other S E] Product Liability (does not include E mass tort) � Employment Dispute: Slander /Libel/ Defamation Discrimination 0 C � Other: � Employment Dispute: Other � Zoning Board � Other: , 1 Q Other: O MASS TORT 0 Asbestos N C] Tobacco C] Toxic Tort - DES C] Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS Q Toxic Waste f: ' Ejectment [] Common Law /Statutory Arbitration B Other: Q Eminent Domain /Condemnation C] Declaratory Judgment Ground Rent C] Mandamus n Landlord/Tenant Dispute Q Non - Domestic Relations 0 Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABILITY 0 Mortgage Foreclosure: Commercial Quo Warranto Q Dental D Partition El Replevin Legal 0 Quiet Title Other: 0 Medical C] Other: n Other Professional: Updated 11112011 t { I' 1L, Th to jot'l D . Christopher E. Rice, Esquire Attorney I.D. No. 90916 E 11 DEC 3 1 AM 9: 49 Aaron S. Haynes, Esquire Attorney I.D. No. 307746 CfUMB' .R1•.t`' NU COU1 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER PE MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243 -3341 Attorneys for Plaintiff MEMBERS I FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS OF UNION, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 13 - r7700 CIVIL TERM RICHARD J. NAZAY a/k/a RICHARD J. NAZAY, JR., IN MORTGAGE FORECLOSURE Defendant NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiffs. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCE FEE OR NO FEE: IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD A LAWYER Contact: Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249 -3166 C� a 7eS f NOTICE REQUIRED UNDER THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. §1601 (AS AMENDED) AND THE PENNSYLVANIA UNFAIR TRADE PRACTICES ACT AND CONSUMER PROTECTION LAW, 73 PA. CON. STAT. ANN. §201, ET SEQ. ( "THE ACTS ") To the extent the Acts may apply, please be advised of the following: 1. The amount of the original debt is stated in the Complaint attached hereto. 2. The Plaintiff who is named in the attached Complaint is a Creditor to whom the debt is owed. The Creditor's law firm, Martson Deardorff Williams Otto Gilroy & Faller, is filing this Complaint on behalf of the Creditor. 3. The debt described in the Complaint attached hereto and evidenced by the copies of the 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. 5. If the Creditor who is named as Plaintiff in the attached Complaint is not the original Creditor, and if the Debtor(s) makes a request to the Creditor's law firm within thirty days from the receipt of this notice, the name and address of the original Creditor will 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 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 1 ST FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS OF UNION, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 13 - CIVIL TERM RICHARD J. NAZAY a/k/a RICHARD J. NAZAY, JR., IN MORTGAGE FORECLOSURE Defendant COMPLAINT AND NOW, comes the Plaintiff, MEMBERS 1 st 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 1s Federal Credit Union ("Plaintiff'), is a federally chartered credit union located at 5000 Louise Drive, Mechanicsburg, Pennsylvania 17055. 2. Defendant, Richard J. Nazay a/k/a Richard J. Nazay, Jr., ( "Defendant "), is an adult individual residing at 24 Cold Springs Road, Carlisle, Cumberland County, Pennsylvania. 3. Defendant is the owner of the real property located at 24 Cold Springs Road, Carlisle, Cumberland County, Pennsylvania 17015 ( "Real Property "), and more fully described in a certain deed recorded in the Recorder of Deeds Office of Cumberland County, Book 260, Page 4794, which is encumbered by the Mortgage described below. 4. On or about July 22, 2008, Defendant executed a Promissory Note (the "Note ") with Plaintiff in the amount of $143,555.95. A true and correct copy of the Note is attached hereto as Exhibit "A" and is incorporated herein by reference. 5. As security for the performance of his/her obligations under the Note, Defendant, as Mortgagor, made, executed and delivered to Plaintiff, as Mortgagee, a mortgage upon the Real Property (the "Mortgage "). A true and correct copy of the Mortgage containing a complete legal description of the Real Property is attached hereto and incorporated as Exhibit "B." 6. The Mortgage has not been assigned. 7. Defendant is the owner of the Real Property, and Plaintiff knows of no other persons holding an ownership interest in the Real Property. 8. Plaintiff has made demand for payment of all sums due and owing thereunder, but payment has been refused. 9. Plaintiff provided Defendant with notice of the period in which Defendant's default may be cured, but Defendant has failed to cure his default. 10. As authorized under the Mortgage, the loan obligation to Plaintiff from Defendant has been accelerated. 11. The total sum due and owing from Defendant under the Note, as of December 20, 2013, is itemized as follows: Principal: $ 127,769.69 Late Fees: $ 247.84 Interest as of December 20, 2013: $ 5,269.18 Court Costs and Fees (estimated): $ 500.00* Attorney Fees: $ 12,000.00 Total as of December 20, 2013: $ 145,786.71 Plus interest accruing at $29.36 per day from December 20, 2013, until paid in full. *To be determined by the Cumberland County Sheriff. 12. Plaintiff specifically reserves the right to increase the Court Costs and Fees, and Attorney Fees listed above should additional services be requested and /or costs /charges /fees be incurred as a result of the collection of the money owed and foreclosure of the Real Property. 13. Pursuant to the notice provision of Act 6, 41 P.S. § 403, and Act 91, 35 P.S. § 1680.403(c) (collectively, the "Notice "), Plaintiff sent notices of intention to foreclose mortgage and of the mortgage assistance program dated September 11, 2013, to Defendant by certified mail, return receipt requested. WHEREFORE, Plaintiff demands judgment against Defendant under the Note in the amount of $145,786.71, plus interest from December 20, 2013, at the rate of $29.36 per day until the debt is paid in full. MARTSON LAW OFFICES By: a' 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 Date: t 12"' Attorneys for Plaintiff This is a debt collecting firm attempting to collect a debt for Members 1S Federal Credit Union. Any information received will be used for that purpose. EXHIBIT "A" St CLOSED -END NO RI Dl ag :_RFF .�N} $000 LWav 04va, P.O, Box 40 aoaao NekOIWlaANO AODREBe Mechanlcoburg, PA 17055 C22RIIICgCH�A�(gRptD J NA7AY �lMB�RS 1` 'AECOt?rt7vPAIN _ —__- 1 ° 233 . ' CO•aDRROWla'eNAM! 8.5 C0•0010weR'4 IUMe is Q � uA qn p Ta FIXEO LJ YMNatB ANNUAL PERCENTAGE FINANCE CHARGE: Amount F The amourdol Total ofpoymerds: The amounl RATE: The cost of your credit as a The dollar amount @1e Credit wtg credit 1tnd1edt0YDU of D" You" YOU wyl have POW Ofer you hew yearly role.' cost you, bithaB, made all payments as scheduled. 0,80 % 4 S 164,562,68 + $ 43,555.05 • $ 305,408.53 Variable Mt$; It your loan has a vadalxe ran oa Inddeted above the Annual Percentage Rata may Iaa.s s dump on term of IMs Vunadlan B the "x) drenges. Ths addl unba wlp add t m.r9ln of to Ida hdex valuer The rate will change as ANy en Ne Ikst dq of the more t The rats wall novar be higher tlMn IM maximum rata &Wood by taw, end It Wk rover be kas lMa . A lyderest rata Inaeasas will recta h mere peyrnonta or dq taro amanm. Rar Exaapla, Wyour Aden outs fw 85.004 1t 15% four 46 monad and oil Amuw P.roentage now braaaaad by : % after one yam, der lean at your loon would inw ope by Iwo momas IaaJ R1U; Itduokad, Ihelolowlrq appllaa la you w Automa5s Psyymmonl ptacounbd Rob: Barauea You have 7*qd to make rw np�grW nwnthly psymmU 9lmough en auloma0a detludton tray yew ChoekhalBavinW court yyauANNUAI PERCENTAGE RATE he a Peen d3ammit 6y 20%. Tha ANNUAL PERCEMAGE RATE dlerJorcad above to lino MINl1AL PERCENTAGE RATE box la tl e Ouwrt afc Payment DUatmNd fiaW. Thin rate vAl lnvaam by m11 K aa+a ttw aupma9a o rA arrangement or foe 10 maintain rurdent funds In your 86=W w co»riho autamefeoogrrnaaa. In eucha oma, No sled ofthe harts va bur to eland dretamd ovlan.Forexemple, ifay�nw Automatic Payment Discounted Role to 10% Vadabw pPa ert Loan lf yo en l avadeWe rats toe end you qubW tar arrangeme pnlened rate� pnraasd taken at the Eme take out your loft ,This Inafel prolened ANNUµ PERCENTAGB RATE vAl Won vary amendk�p to dun as of Iha Index (as dledesed above ForaxenDb, E a variable ate bath 4% ANNUAL PERCENTAGE RATE b 12% at the tyro you take the ban, your infael "pMam�ANNUAL PERCENTAGE RATE w4�M N!AW Your Initial prefanM ANNUAL PERCENTMIE RATE vA11 don very *=,dkq wNs loft., ourdladaed fn Tha'Yatlado ROW P YWM obwa. Field Rate Praf• rid Lo•nt. If your pan tea axed rate ban and You quality W a pnforr of ale, your ANNUAL PERCENTAGE RATE vile be N prdonad ANNUAL PERCENTAGE RATE dbUosed above for as Iona as your P referred status "mane In eOKL Numbor arPrym•nte Amaun{dl Paymon� Paymlm Pnquarwy Who Ptyamu An Ow Vrbpart I suranotn YoUlma ob ah+crop Your P WronC Iron a our w� �at Is &boa reble co P 239 41285,06 MMNty•Baphininp OgJ01t20tN1 01aueWl tEWDn. iFYOU pa711te fnWrance fro Ihd arA.nw t:rsd'R In on you whit W Y vAebr 1 $1281,86 Fins) Due -On OBIO1R025 5 WA acunryb d1.1wa s o r aria the asel un the goods err p al .rly Iha wfW ado rocure this Ion. You en giving a wmdb Interest In being pwchseed, (De (�scdbe): your Nxal endfardepeaa h as walk 4mwp, and; E] Leto Chargo:ae paymern a fatabylld%•v, R hod OdpOelteaaece7 Tura Annual Pamema9e RMe done flllny POasi NoniBing fnsuranas be chsmgodstals fisdg %ot you echeduMdPMnaal, not ieW Into ecuuniymrreauyed depaaR baknm.tt army. :NIA N $ 111 w • non our pot Pn y ew w• a 764 or rut• r non na . •"town n••wr+ as ♦' Mang a r •, aN aeu•nuwd• eras eNa•retm 1•NMiI M &IM AMOUNT FINA CED S 143,850,05 Amount POW to0e(S on your 00e111(00ttailvo) $17,441.76 To CPAs! S TO AMOUNT GIVEN TO YOU DIRECTLY S 0,00 S To It To $ To 5 To 3 TO 4 TO S TO $ To AMOUNT PAID ON YOUR ACCOUNTS f25,707,20 S TO $ TO S To $ T9 B To S To $ To PREPAID FINANCE CHARGE S 0,00 8 To :sea To I.$ S TO ONSoutbn+ S To ModaALSo. SECURITY INFGRMA ION MMIE MODEL YEAR I.D. NUMBER TYPE VALUE OTHER (Describer. 24 COLD SPRINiM R0., CARLISLE PA 17015 Y ou Pl pe6 arse AMOUNT ACC UNTNUMOER AMOUNT A(:COUNT iNJM6ER antllorD td $ S You ep'se flat ma tonne and con &doers In cot der us sulamW and Nov 6aa end eeeurXy aprMmOn111ecaHS onpepe 2 et Itb • ell apply w Nt+loan. It Mars Is roar Nan one bonvesr, tan go UW 1 tlu mnattlo of Io loan am semdty .0mamana g.verdnp tyre wan shall apply to booJalnuy and sa aray. You acknowledge Nat you ham rocalvotl &copy of Na bar dy a0roe nleanddlastoun Niemen[CO•donor.Hyou ore elpninporo• fpner, you aeknerdodge aceiFl of Na roam wwolpnar contolned on a I. (I RROV7ER' 1 ER 'OTHER R "CO•SIONek DATE x (SEAL) 7 X Ism) X CO 'OT G ER 0 "CO-SIGNER (BF1 LAt X CPMANER 0IOTIIER OWNER C "COSIGNER (S ATE X CO-MAKER [)'OTHER OWNER (3 "COSIGNER (SEAGATE X CO-WAXIER O'OTHER OWNER D '•CO-SIGNER (B ATE 'Ol.LaeWial M'Mrr.aaM tr. nWr4 M„wl tW W W f r. w,nw � 1��IF W a1wa.W iM MYV..I.tni�rn 1.•dM, wk. L,.r � tnM.Mn n•f Wnnaba�arny,Ml.Fwt •Wnnll•a,• nr1,1,w1N Make A.nw•a'CO•tOKat era a•xArr�•nd,lwaMn,q,�Y1n. awn•M.•w We.�•nb nraaJMwan YnnW�•n r.. '. •a•�.•rn MIW ,.MM YaN.ni•nLMna•nb•.xad %a•• NOTICE TO CO-SIGNER You ore b trap asked pp this dahl. Tnink carefully before you dal. It the bomravler doesnT pay the doK you will have IC. Be sure you can afford to ry p ti you gave to, and a1of you „tint W swept this roep9n6ibiaty. u may have to pay up to 8:e N1 amount of Ole debt 11 the tlprro" does not pay, You my also have to pay Iota fees of collaClioD Costs, which Increase thin S cre ditor he creditor ran mWecl p deal tram you %lihoLA fast trying t m11eG Iron+ the oorrawpr. Th0 credits can use Ns same CAtletXlan methods against you that can be Used tiglnal the Ow(owar, s 7 as aulnp ycu, 9amtphing gout Magee, eta U This dabl if atom In default, Ghat fool may become a paw of your erodit record. Into De la 7601 Ne contra toot makas you Iiablo for the debt. Pape I of 2 L NV EH AOCOVNT NVMBSn OIIMN MN RICHARD J HAZAy 0712212008 WE0 IfORERa.VER(g) HE WORDS'CREDIr UNION' MANS MEMBERS 1137 FEOE t& CREDIT UNION, THE WORDS 'YOU.''YOUR' AND 'YOURS' MEAN 7FHOSE LOAM AGREEMENT ( SECURITYAORCEMUNT Mon a, e dd py/olFlnnaanoar9as :ar mec rod, you mIse to paayY' al 1. 7a socnro oa nk o We alga Ilun■hlwrn by the yot credh Dte CredA Unron' om Ch be, a For amounte . All p usaYn oat ltnep Da ode union m M �, ° an • + on a soc� Iv11 ■ r1st purtusri1101 Mdtaalgsvm statement on a 1 oI lhb daa+manl'aU C r.nt >xn tun ■n ray I w nnnet th •ier1�M on UM1 a18M1d Ina! no arena Oh 0 an d t 4 1 at Ip 8 n 011 B o 1 a. o ��°° o Nla d to 711 a a A Mt.nst Irw u •a an rte Naa, �y C ympn tg D p u�ninntt RIO, °� rd n ' to t�u 1 4 ro -oae d �mm my bi Ihla dooymenl ara sed lh a�sumpgon d !ri e0 InsUlkneOt aOYrnorN ln.ann�o on ■owrop■rfy ■n4 .� ran Ma VIN be m ds on the eu{po I aI ddan , tt hero oua110atl for aocure, property. pro(�r re IQ 4fotypu oontAll to Sal `Da , 1 cord I 0l that p�etetrad C nwon�tm0u�on pro o h b rorlM. rove a 1pr my rat I yyOU fp1� to �9Y ery Installment by ate (lens N Ic dn, you WI4 pNJ th �ha lean Bon�rarhi wl� M�r.°�t •e f oeu m w7.•c all smourda e ddamrml 11 ADS oh e overdue amaunL rro�r•rovre un 4r1 now •� No tur��awvar eAy Allocation at Pa meats and pdditlonal Pay ments- P tmis end �acu �� pt�er t no ro s an sac M art�I raeddsshagbaa (0 y aym mD,+ a r p ro pane• un10o et •�rga■Qfaan o ppped h the 1I0w1nQ order e y artwu to Deal due; arty gNOn apd eny oo 9A. r an oro o L w •ra noo-parctnu f0ae m elltdgee awln0 InCI dlnq arty IrlaVfan00 pfenlluhl6; aCAtVed tnleteet nw ay I oaa u 1, or Rn2noo aha c ouletarift rlolpal Payments made N oddtlw to i wl r�,a N• y en ar pq ar natter ratoperantunhry yes Nv. Iqqaa dt NO Yadar Ntntaa oart�fm reyulluty schrtluled paymmde a an be sppUad In bta ume order. re0 t0 ou a a, You vromm u a t1Nra m etnNard, llw ar NI anima P ro feMd Rats: If you due flly fare a mt rred Isib as disclosed on page 1 of axraot that �o'}tl t un one t tw • Mt•, I or • l doEtxndll m n a sopAaarr��ig pmfOrtotl rate addendum, you unddreCana maKM own w1a pro wrw rro. a�la�trla epr olntnrtn 1M b ea is lheI you fn usl meet lee Oonoi WAS alecibaa to you N a( to qu06►y (� the plus, gun 'd rata and nanl aonl�nue to mark these t orWNlons In OhS■r [o keep a. Yw n pot •�t bat, anu rt�enla Il.nt 1 or, asatl+w ar at 10 fn eatlnpte00MOl de o1 ralh• ogeo� at In Boot • 0, elpeadn1q the larrrfa t�f jrsur loan. Y s/wrlt,a b aotllYwe nu o eM1 ar. ag I ua M .ta a 1 m maM1 one mesa{ atl obkpaiWns und'i tn�o !1 tBBment even V ap��t°wrp �.r,° a ai ° °° tenor+` !tees °'mna li' p`°prtty y l0'1 ler IebC1Ya B1a aelaned rele. a"•I dw Intl poly eJnlrM Late Ch o It lO�e vynlellt, y S 6. Y rAa me r stn Mt a w1Utl1 a 0 pb b addGtlM Ilona to dlsaoso rou make a I on pas o 1 or lhts oclaumatlL 0 p°Y a late Cher09 o vraor, ry as v tl� naurpnca a t I to ou P�tAo all abtal A a loan secured by a motor vehIde m oft `!trance a nt or�od N r•a tow�b 01ller proailoi 7b mwloWehtInsurmtoewhkYiWotoelstatarBdQ parol `u o,aD nr ` re a� ddnn `a v m ul troa`�v1L °a o�'w�n u s. • 1 of 11» arty avnlaoe0. t a°er 1�rr■ai rtes mnbaat rat■ wt1 Yh■r Irnwwance mua! yyB s ebb �1 IhV aoCh a o mtnl set to ins w ta�uraon ou n IH la learn sc sa■da m m P rovide at I esl f e, t tambtnea addmlel en" d tal n - • a d�I�,a wro Q�.�_tE_b 1 t b nsurarx0.11 muN co dohs Loss Payapla clause endmamnent namtithe N l aua nan i� t� t1 aii yr Wes 1 � oreoll AID ee 181f1l Iroym. YIIV obtpin Itds l�trttppvance from ant' g�irk 01 Iho grata anon your Chd4 •� Onad the egeA to tend the aedll untm a ropy of 0+s r, troart�t u .V�onz m om adml w �ovbe hammu bMCO Grw, p wN Na n•anuy INmm°attmittor a a wnaoavon of pan oowraoa. p � Dabtor not ponsietlttylYa {lpromisetonot(ry(xedQWbrl On attongOln YCnt aN Uawant %"-X, coder0la I1 YYYbut rMme add �ss ai amp E You promlaa not io 4 lest a loan Y to �s�l to yw klmw us plil�W oq prtarmn al W ou k a s re $One a robobi {Rol VIII to ungbe l0 repay oVr 0 a to too P CmU ol aa axtenston. Yon p(4m a �°vn Rio van 9ma as aa•r� 04 net o Int rrrfuadfl on new Informed whk:n nlatss ro w SCSI to ar ro }y f�oil�.fn��pt�!''pyaadi anal yob re r r abllsa' on ou as no to v' c�.�ir"r ; �ian to n.' .■:y "id p lmaatlha m a�uJa a . 7 yp ,, 1{ Dror t aubmll }als"hwoWrato In snne0on dN witfu8y Coneeel IniormaUon regardlnq your etedtbeattdnesa, mesa, uledll Ikandtrlp, or aadt capadty, 1. 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Ian on •h.m. and ' poatta rat ll a beo •r. of your Mara whltn may 4 rwld fn an - IndNldwl Ralnaontqu onl" or "Kof, ptav Pape 2 d 2 EXHIBIT "B" Together with the buildings and Improvements erected thereon the appurtenances thereunto belonging and the reversions, remainders, rents, issues and profits tberoof, To Have and To Hold Cite same unto Mortgagee, its successors and assigns, forever, Provided, However, That If Mortgagor shrill pay to Mortgagee the aforesaid debt or principal sum, Including additional loans or advances and all other sums payable by Mortgagor to Mortgagee hereunder and under the tenns of the Note, together with Interest thereon, and shall keep and perform each of the other covenants, conditions and agreements hereinafter set forth, then this Mortgage and the estate hereby granted and conveyed shall become void. This Mortgage is executed and delivered subject to the following oovenants, conditions and agreements: (1) The Note secured hereby shall evidence and this Mortgage shall cover and be security for any future loans or advances that may be made by Mortgagee to Mortgagor at any time or times hereafter and intended by Mortgagor and Mortgagee to be so evidenced and secured, and such loans and advances shall be added to the principal debt. (2) From time to time until said debt and interest are fully paid, Mortgagor shall; (a) pay and discharge, when and as the same shall become due and payable, all taxes, assessments, sewer and water rents, and all other charges and claims assessed or levied tl•om time to time by any lawful authority apnn any part of the mortgaged premises and which shall or might have priority in lien or payment to the debt secured hereby, (b) pay all ground rents reserved from the mortgaged promises and pay and discharge all mechanics' lions which may be filed against said premises and which shall or might have priority In lien or payment to the debt secured hereby, (c) pay and discharge any documentary stamp or other tax, including interest and penalties thereon, if any, now or hereafter becoming payable on the Note evidencing the debt secured hereby, (d) provide, renew and keep alive by paying the necessary premiums and charges thereon such policies of hazard and liability insurance as Mortgaggoo may from timo to time require upon the buildings and Improvements now or hereafter erected upon the mortgaged premises, with loss payable clauses In Favor of Mortgagor and Mortgagee as their respective Interests may appear, and (e) promptly submit to Mortgagee evidence of the duo and punctual payment of all the foregoing charges; provided, however, that Mortgagee may nit its option require that sums sufficient to discharge the foregoing charges be paid In instalirnents to Mortgagee. (3) Mortgagor shall maintain all buildings and Improvements subject to this Mortgage in good and substantial repair, as determined by Mortgagee. Mortgagee shall have the right to enter upon the mortgaged premises at any reasonable hour for the purpose of inspocting the order, condition and repair of the buildings and improvements erected thereon. noel No _ npprD 27305803 Page 2 of 4 r (4) In the event Mortgagor neglects or refuses to pay the charges mentioned at (2) above, or falls to maintain the buildings and Improvements as aforesaid, Mortgagee may do so, add the cost thereof to the principal debt secured hereby, and collect the same as a part of said principal debt. (5) Mortgagor covenants and agrees not to create, nor permit to accrue, upon all or any part of the mortgaged premises, any debt, lien or charge which would be prior to, or on a parity with, the lien of this Mortgage. (6) In case default be mude for the space of thirty (30) days in the payment of any Installment of principal or interest pursuant to the terms of the Note, or In the performance b� Mortgagor of any of the other obligations of the Mote or this Mortgage, the entire unpaid balance of said principal sum, additional loans or advances and all other sums paid by Mortgagee pursuant to the terms of the Note or this Mortgage, togedler with unpaid interest thereon, shall at the option of Mortgagee and without notice become immediately due and payable, and foreclosure proceedings may be brought forthwith on this Mortgage and prosecuted to judgmont, execution and sale for the collection of the same, together with costs of suit and an attorney's commission for collection of five percent (5 %) of the total Indebtedness or $200, whichever is the larger amount. Mortgagor hereby forever waives and releases all errors in said proceedings, waives stay of execution, the right of Inquisition and extension of time of payment, agrees to condemnation of any parry loviod upon by virtue of any such execution, and waives all exemptions From levy and sale of any property that now is or hereafter may be exempted by law. (7) Upon payment of all sums swured by this Mortgage, this Mortgage and the estate conveyed shall terminate and become void, After such occurrence, Mortgagee shall discharge and satisfy this Mortgage. Mortgagor shall pay any recordation costs. Mortgagee may charge Mortgagor a fee for releasing tilts Mortgage, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted undor Applicable Law, The covenants, conditions and agreements contained in this Mortgage shall bind, and the benefits shall Inure to, the respective parties hereto and their respective heirs, executors, administrators, successors and assigns, and if this Mortgage is executed by more than one party, the undertakings and liability of ouch shall be joint and several. Acct No ApprD_ 273 Page 5 of 4 Witness the due execution hereof the day and year first above written. RICHAMJNA Y Co mmonwealth Pennsylvania ss: County of ) i his, the day of 2008 , before me, t undm e c icer, personally appeared satisfactorily proven to me to bet the persons whose names stare subscr bed to thew thin Mortgage, and acknowledged that he/she executed the same for the purposes therein contained. In Witness Whereof, I hereunto set my hand and official se My commission expires: Notarial goal Jo L. Travis, Notary Pubtlo 4 per hn Twp. Cumbert ild Counly OoinniWonVxptee Sept. 99, Cortillratc of Residence of Mart ranee Mtimber. PAmSv{vnn+r r+f Notaries Members I.- Federal Credit Union, Mortgagee within nom d, hereby certifies that its residence is 5000 Louise Drive, Mechanicsburg, PA 17055. By Acct No AppiD 27305803 Puao 4 or 4 ti F EXHIBIT A ALL THAT CERTAIN TRACT OF LAND SITUATE IN DICKINSON TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WESTERN DEDICATED RIGHT- OF-WAY LINE OF COLD SPRING ROAD (T -356) AT THE DIVIDING LINE BETWEEN LOTS 14 AND 5 ON THE HEREINAFTER MENTIONED SUBDIVISION PLAN; THENCE ALONG SAID DI'V'IDING LINE BY A CURVE TO THE RIGHT WITH A RADIUS OF 231,35 FEET AN ARC DISTANCE OF 120.91 FEET; THENCE ALONG SAME SOUTH 76 DEGREES 49 MINUTES 30 SECONDS WEST 543.14 FEET TO A POINT; THENCE ALONG SAME NORTH 16 DEGREES 40 MINUTES 25 SECONDS WEST 37.90 FEET TO A POINT; THENCE ALONG LANDS NOW OR FORMERLY OF LESTER ESER NORTH 16 DEGREES 40 MINUTES 25 SECONDS WEST 335.47 FEET TO A POINT; THENCE ALONG THE DIVIDING LINE BETWEEN LOTS 5 AND 7 ON SAID PLAN NORTH 77 DEGREES 41 MINUTES 20 SECONDS EAST 352.11 FEET TO A POINT; THENCE ALONG THE DIVIDINGI LINE BETWEEN LOTS 5 AND 6 ON SAID PLAN SOUTH 12 DEGREES 18 MINUTES 40 SECONDS EAST 150,00 TO A POINT; THENCE ALONG SAME NORTH 77 DEGREES 41 MINUTES 20 SECONDS EAST 315.40 FEET TO A POINT; THENCE ALONG THE WESTERN DEDICATED RIGHT -OF -WAY LINE OF COLD SPRING ROAD BY A CURVE TO THE LEFT WITH A RADIUS OF' 395.00 AN ARC DISTANCE OF 150.00 FEET TO A POINT, THE PLACE OF BEGINNING. CONTAINING 3.827 ACRES, EXCLUSIVE OF THE DEDICATED RIGHT -OF -WAY OF COLD SPRING ROAD AS DESCRIBED'ON THE HEREINABOVE MENTIONED SUBDIVISION PLAN. BEING FURTHER DESCRIBED AS LOT NO, 5 OF THE FINAL PLAN OF MAJOR SUBDIVISION FOR COLD SPRINGS MEADOWS PREPARED BY RODNEY LEE DECKER, R.S., DATED JUNE 5, 1989, AND RECORDED IN CUMBERLAND COUNTY PLAN BOOK 59, PAGE 128. BEING THE SAME PREMISES WHICH STEVEN J. HARMAN, BY HIS DEED DATED MARCH 6, 1998, AND RECORDED MARCH 11, 1.998, IN THE OFFICE OF THE RECORDER OF DEEDS IN AND FOR CUMBER'L'AND COUNTY, PE'NNSYL'VANIA, IN DEED BOOK 173, PAGE 422, GRANTED AND CONVEYED UNTO RICHARD J. NAZAY AND RUTH C. NAZAY, HUSBAND AND WIFE, GRANTORS HEREIN. DICKINSON TOWNSHIP 38170400 EXHIBIT A (continued) Permanent Parcel Number: 12- 0338-0083- -0000000 -08 RICHARD J. NAZAY, JR. 24 COLD SPRINGS ROAD, CARLISLE PA 17015 Loan Reference Number 273058 First American Order No: 38170400 Identifier: FIRST AMERICAN LENDERS ADVANTAGE I illll9[IlIJlfllfif 111�����' 38270400 „p FIRST AMERICAN ELS MORTGAGE li[ IIIIt1111Nilllllll (I{lil[I{IlNllll[!lllt) il! ROBERT P. ZIEGLER RECORDER OF DEEDS, . CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 - 717w240 -6370 Instrument Number - 200827380 Recorded On 8/12/2008 At 8:58:28 AM *Total Pages - 7 Instrument Tyne - MORTGAGE Invoice Number - 26880 'User ID - RAK * Mortgagor - NAZAY, RICHARD J * Mortgagee - MCMBLRS 1ST FEDERAL CR UN * Customer - FIRST AME( RICAN * FEES STAVE WRIT TAX $0.50 Certification Page STATE JCS /ACCESS TO $10.00 JUSTICE RECORDING FEES - $15.5o DO NOT DETACH RECORDER OF DEEDS AFFORDABLE HOUSING $11..50 This page is now part COUNTY ARCHIVES FEE $2.00 of this legal document, ROD ARCHIVES FEE $3.00 TOTAL PAID $42.50 I I Certify this to be recorded in Cumberland County PA o s m RECORDLR d D D3 6 - Inforinatlon denoted by an asterisk may change daring the veriflention process and may not be reflected on tills page. 000203 III Ilillli(lll lll(ilil (I(ll( Y VERIFICATION 1, Dan Summers, as an employee of.Members l "Federa.I Credit Union, acknowledge I have the authority to execute this Verification on behalf ofMembers V 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 1.8 Pa. C.S. § 4904 relating to urrsworn falsification to authorities. which provides that if I knowingly make false averments, I may be subject to criminal penalties. MEMBERS 1 ' FEDERAL CREDIT UNION Dan Summers, Collections Manager IF TILLSW IlrmsU1470.W,nb ry Is V 1 1470 C.u—nP.I 1470 ±i I Nun 1470 i1 Lfnn, { >19ioi., Ix 0. Christopher E. Rice, Esquire iS";� l Attorney I.D. No. 90916 Aaron S. Haynes, Esquire CUMBERL P ND G3"T y Attorney I.D. No. 307746 PENNSYLVANIA MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243 -3341 Attorneys for Plaintiff MEMBERS 1 FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS OF UNION, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : NO. 13 - 7700 CIVIL TERM RICHARD J. NAZAY a/k/a RICHARD J. NAZAY, JR., : IN MORTGAGE FORECLOSURE Defendant NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in a court- supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer, you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact 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. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Services for the appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully submitted: Date: (�e 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. !� �1 , 2013 Attorneys for Plaintiff Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete-your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your Please provide the following information to the best of your knowledge: CUST Borrower name(s): Property Address: City: State: Zip: Is the property for sale? Yes ❑ 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? R �. Mailing Address: City: State: Zip: Phone Numbers: Home: Office: Cell: Other; Email: # of people in household: How long? First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: $ Included Taxes & Insurance: Date of Last Payment: Primary Reason for Default: is the loan in Bankruptcy? Yes ❑ No ❑ If yes, provide names, location of court, case number & attorney: Assets Amount Owed Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile #1: Model: Year: Amount owed: Value: Automobile #2 : Model: Year: Amount owed: Value: Other transportation (automobiles, boats, motorcycles): Model: Year Amount owed: Value Monthly Income Name of Employers: 1. 2. 3. Additional Income Description (not wages): 1. monthly amount: 2, monthly amount: Borrower Pay Days: Co- Borrower Pay Days: Monthly Exuenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food F r m — ortgage Utilities Car Pa ens Condo/Nei . Fees Auto Insurance Med. not covers Auto fuel/repairs Other prop. payment Install. Loan Payment Cable TV Child Su ort/Alim. Spending Mone Da /Child Carerruit. Other Expense Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes ❑ No ❑ If yes, please provide th6 following information: Counseling Agency: Counselor: Phone (Office): Fax: 2 Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ❑ No ❑ If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes ❑ No ❑ If yes, please indicate the status of those negotiations: Please provide the following information, if know, regarding your lender or lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: I/We, , authorize the above named to use /refer this information to my lender /servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I/We understand that I /we am/are under no obligation to use the services provided by the above named Borrower Signature Date Co- Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: Y Proof of income V Past 2 bank statements Proof of Any expected income for the last 45 days Copy of a current utility bill Letter explaining reason for delinquency and any supporting documentation (hardship letter) Listing agreement (if property is currently on the market) 3 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson b«" rr 13- Sheriff PROTHO O fj�l�'l` tit pAt Jody S Smith �„ 4 Chief Deputy Richard W Stewart MRERLAND COUNTY Solicitor OPFC6OF THE V-ERiFF ' NN Y#.VgM1l Members 1st Federal Credit Union Case Number vs. Richard J Nazay 2013-7700 SHERIFF'S RETURN OF SERVICE 01/13/2014 07:40 PM- Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Richard J Nazay, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as"Not Found" at 24 Cold Springs Road, Dickinson Township, Carlisle, PA 17015. Deputies were advised by defendant's neighbor that the defendant fell down the steps and is currently staying at Manor Care Nursing Home in Carlisle. 01/14/2014 10:25 AM- Deputy William Cline, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be Dan Fessler,Administrator, who accepted as "Adult Person in Charge"for Richard J Nazay at Manor Care, 940 Walnut Bottom Road, South Middleton Twp, Carlisle, PA 17015. *rKiAm CLINE, DEPUTY SHERIFF COST: $42.02 SO ANSWERS, January 15, 2014 RbNW R ANDERSON, SHERIFF (C)CountySuite Sheriff,releosoft,Inc. F: \FILES \ Clients \ 11470 Members 1st\ 11470 Current \ 11470.311 Nazay \11470.311.Nazay.Motion to Lift Stay.wpd Christopher E. Rice, Esquire Attorney 1.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 1-W1110a TAF,I NPR ?6, Ati 1G: I CUMEERLAND CLiNTY PENNSYLVANIA MEMBERS 1ST FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS OF UNION, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : NO. 13 - 7700 CIVIL TERM RICHARD J. NAZAY a/k/a RICHARD J. NAZAY, JR., : IN MORTGAGE FORECLOSURE Defendant PLAINTIFF'S MOTION TO LIFT THE STAY AND NOW, comes Plaintiff Members 1' 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 st Federal Credit Union ("Plaintiff'), is a federally chartered credit union located at 5000 Louise Drive, Mechanicsburg, Pennsylvania 17055. 2, Defendant, Richard J. Nazay a/k/a Richard J. Nazay, Jr.,("Defendant") is an adult individual residing at 24 Cold Springs Road, Carlisle, Cumberland County, Pennsylvania 17015. 3. Plaintiff filed a Complaint in the above-captioned mortgage foreclosure action on or about December 31, 2013, and forwarded a copy of the Complaint to the Cumberland County Sheriff for service upon Defendants. 4. The Complaint included a Notice of the Cumberland County Residential Mortgage Foreclosure Diversion Program as well as the Financial Worksheets. (See Complaint). 5. According to the Sheriff's Return of Service, attached hereto and incorporated herein as Exhibit "A," Defendant was served with the Complaint on January 14, 2013. 6. Per Administrative Order dated February 28, 2012, a 60 day Automatic Stay is placed on all residential mortgage foreclosure actions in Cumberland County. 7. In order to participate in the Cumberland County Mortgage Diversion Program, Defendant was required to file a Request for Conciliation Conference within 60 days of the date of service of the Complaint. Said 60 day deadline expired on March 13, 2014. 8. Upon information and belief, Defendant has not filed a Request for Conciliation Conference in this matter and has not opted into the Diversion Program. 9. No judge has previously ruled in this matter. 10. Plaintiff has provided a copy of this Motion and proposed Order to Defendant requesting concurrence in this Motion. It is presumed that Defendant does not concur. 11. As Defendant did not file a request for a conciliation conference within the required time limit, 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: It 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: frt/41eaI Z (p , 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" " , Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND �~o����� ~°" .~~"^". . ~� ��. " ".=~~ =°o ~~~°""w^°~—v��-��"~�� COUNTY . Members 1st Federal Credit Union vs. Richard J Nazay Case Number SHERIFF'S RETURN OF SERVICE 01/13/2014 07:40 PM - Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Richard J Nazay, bu was unable to locate the Defendant in his bailiwick, The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as "Not Found" at 24 Cold Springs Road, Dickinson Township, Cad|o|e, PA 17015. Deputies were advised by defendant's neighbor that the defendant fell down the steps and is currently staying at Manor Care Nursing Home in Carlisle. 01/14%2014 10:25 AM - Deputy William Cline, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be Dan Fessler, Administrator, who accepted as "Adult Person in Charge" for Richard J Nazay at Manor Care, 940 Walnut Bottom Road, South Middleton Twp[adisle.PA17O16. IAM CL NE, DEPUTY SHERIFF COST: $4202 SO ANSWERS, January 15, 2014 RON R ANDERSON, SHERIFF 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. Richard J. Nazay, Jr. 24 Cold Springs Road, Carlisle, Pennsylvania 17015 Pro Se Defendant Mr. Richard J. Nazay, Jr. Manor Care 940 Walnut Bottom Road Carlisle, PA 17015 Pro Se Defendant MARTSON LAW OFFICES By: Dated: j/c2 . Price Ten st High Street Carlisle, PA 17013 (717) 243-3341 MEMBERS 1ST FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS OF UNION, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff • v. : NO. 13 - 7700 CIVIL TERM RICHARD J. NAZAY a/k/a RICHARD J. NAZAY, JR., : IN MORTGAGE FORECLOSURE Defendant ORDER AND NOW, this 3/ day of ma...GA , 2014, upon consideration of Plaintiff's Motion to Lift the Stay, it appearing that Defendant Richard J. Nazay 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 Complaint in this action, and it further appearing that the 60 day deadline to file the said Request has expired, said Motion is hereby granted and it is Ordered that the Stay is hereby lifted. Distribute to: ,■Christopher E. Rice Esquire MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 Counsel for Plaintiff Richard J. Nazay, Jr. 24 Cold Springs Road, Carlisle, Pennsylvania 17015 Pro Se Defendant --/‹. Richard J. Nazay, Jr. Manor Care 940 Walnut Bottom Road Carlisle, PA 17013 Pro Se Defendant BY THE COURT, 1122:1SL 1 ES C37 Ili 4/ C) 4-7 F:\FILES \Clients\I 1470 Members 1st \11470 Current \11470.31 I Nazay \l 1470.311.pra.default.wpd Christopher E. Rice, Esquire Attorney I.D. No. 90916 Aaron S. Haynes, Esquire Attorney I.D. No. 307746 MARTSON DEARDORFF WILLIAMS MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243 -3341 Attorneys for Plaintiff HUD-OFFICE THE PR0THO 0 TAR~( 2014 APR 17 AM 10 16 OTTO GILROY & FALLER UMBERLAND COUNTY PENNSYLVANIA MEMBERS 1ST FEDERAL CREDIT UNION, Plaintiff v. RICHARD J. NAZAY a/k/a RICHARD J. NAZAY, JR., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 13 - 7700 CIVIL TERM : IN MORTGAGE FORECLOSURE PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please enter default judgment in the above - captioned action in favor of Plaintiff and against Defendant Richard J. Nazay a/k/a Richard J. Nazay, Jr., in the amount of $$145,786.71, plus interest from December 20, 2013, at the rate of $29.36 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 Defendant Richard J. Nazay a/k/a Richard J. Nazay, Jr. on April 4, 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 Dated: /4//1//,‘ By: 4 C- /( Christopher E. Rice, Esquire I.D. Number 90916 Aaron S. Haynes, Esquire I.D. No. 307424 Ten East High Street Carlisle, PA 17013 (717) 243 -3341 Attorneys for Plaintiff 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. RICHARD J. NAZAY a/k/a RICHARD J. NAZAY, JR., Defendant TO: Richard J. Nazay a /k/a Richard J. Nazay, Jr. 24 Cold Springs Road Carlisle, PA 17015 : NO, 13 - 7700 CIVIL TERM : IN MORTGAGE FORECLOSURE IMPORTANT NOTICE DATE OF NOTICE: April 4, 2014 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: __" 4 5 2- Christopher E. Rice, Esquire This is a debt collecting firm attempting to collect a debt for Members 19` 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. RICHARD J. NAZAY a/k /a RICHARD J. NAZAY, JR., Defendant : NO. 13 - 7700 CIVIL TERM : IN MORTGAGE FORECLOSURE IMPORTANT NOTICE TO: Richard J. Nazay a/k/a Richard J. Nazay, Jr. do Manor Care 940 Walnut Bottom Road, Carlisle, PA 17015 DATE OF NOTICE: April 4, 2014 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: 5 4 Christopher E. Rice, Esquire 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. 13 - 7700 CIVIL TERM RICHARD J. NAZAY a/k/a RICHARD J. NAZAY, JR., Defendant : 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, Defendant Richard J. Nazay a/k/a Richard J. Nazay, Jr., above named is not in the military service of the United States of America, that he has knowledge that the said Defendant's last known address is: 24 Cold Springs Road, Carlisle, PA 17013. Said Defendant's place of employment is unknown. Sworn to and subscribed before me this iiikday of April, 2014. //, ()Alice) Not rv" ublic Christopher E. Rice, Esquire COMMONWEALTH OF PENNSYLVANIA Notarial Seal Mary N. Price, Notary Public W i t t e bore, Cumberland County COninitstobtplres Aug. 118, 2015 $EM ANIA ASSOCIATION OF ROTARIES F.\FILES \ Clients \11470 Members 1st \l 1470 Current \11470.311 Nazay \I1470.3I I.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. 13 - 7700 CIVIL TERM RICHARD J. NAZAY a/k/a RICHARD J. NAZAY, JR., : IN MORTGAGE FORECLOSURE Defendant 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 Defendant Richard J. Nazay a/k/a Richard J. Nazay, Jr., was given to him by mail on April 4, 2014. Sworn to and subscribed before me this t / day of April, 2014. Christopher E. Rice, Esquire COMMONWEALTH OF PENNSYLVANIA 1. Notarial Seal Mary M Price. Notary Public Carlisle 8orr; Cumberland County M C©mmNSs urn expires Aug. 18, 2015 ( 64 NN VANIA AsseatineN 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: Richard J. Nazay a/k/a Richard J. Nazay, Jr. 24 Cold Springs Road Carlisle, PA 17013 Richard J. Nazay a/k/a Richard J. Nazay, Jr. c/o Manor Care 940 Walnut Bottom Road Carlisle, PA 17015 MARTSON LAW OFFICES By Dated: .Y// Ma 'i Price 10 E. High Street Carlisle, PA 17013 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. 13 - 7700 CIVIL TERM RICHARD J. NAZAY a/k/a RICHARD J. NAZAY, JR., : IN MORTGAGE FORECLOSURE Defendant TO: RICHARD J. NAZAY, a /k/a RICHARD J. NAZAY, JR. NOTICE OF ENTRY OF DEFAULT JUDGMENT . You are hereby notified that on the / 7 Gday of April, 2014, the following Judgment was entered against you in the above - captioned action: judgment in the amount of $145,786.71, plus interest from December 20, 2013, at the rate of $29.36 per day until the debt is paid in full for failure to file an Answer to Plaintiffs Complaint. Date: V/ao/ Prothonotary I hereby certify that the name and address of the proper person to receive this notice under Pa. R. Civ. P. 236 is: Richard J. Nazay a /k/a Richard J. Nazay, Jr. 24 Cold Springs Road Carlisle, PA 17015 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. 13 - 7700 CIVIL TERM RICHARD J. NAZAY a/k/a RICHARD J. NAZAY, JR., : IN MORTGAGE FORECLOSURE Defendant TO: RICHARD J. NAZAY, a /k/a RICHARD J. NAZAY, JR. NOTICE OF ENTRY OF DEFAULT JUDGMENT You are hereby notified that on the /71 day of April, 2014, the following Judgment was entered against you in the above - captioned action: judgment in the amount of $145,786.71, plus interest from December 20, 2013, at the rate of $29.36 per day until the debt is paid in full for failure to file an Answer to Plaintiffs Complaint. Date: V/V old/ y Prothonotary I hereby certify that the name and address of the proper person to receive this notice under Pa. R. Civ. P. 236 is: Richard J. Nazay a /k/a Richard J. Nazay, Jr. c/o Manor Care 900 Walnut Bottom Road Carlisle, PA 17015 F:\FILES\Clients\11470 Members 1st \I 1470 Current\1 1470.311 Nazay \11470.311.Nazay.Writ of Execution.wpd Christopher E. Rice, Esquire Attorney I.D. No. 90916 Aaron S. Haynes, Esquire 20iti MAY .16 AM 9: 26 Attorney I.D. No. 307746 CUMBERLAND COUNTY MARTSON DEARDORFF WILLIAMS OTTO GILROY & FAL ENNSYLVANIA MTiL: i:�F 10L OF THE PROTHONOTARY tR'; 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. 13 - 7700 CIVIL TERM RICHARD J. NAZAY a/k/a RICHARD J. NAZAY, JR., : IN MORTGAGE FORECLOSURE Defendant PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please issue a writ of execution in the above matter, (1) directed to the Sheriff of Cumberland County; (2) against Richard J. Nazay, a/k/a Richard J. Nazay, Jr., Defendant; and (3) execute against real property known as 24 Cold Springs Road, Carlisle, Cumberland County, Pennsylvania, owned by Defendant Richard J. Nazay, a/k/a Richard J. Nazay, Jr., and identified on Exhibit "A" attached hereto. Principal Balance: $ 127,769.69 Interest as of December 20, 2013: $ 5,269.18 Interest accruing at $29.36 per day from December 20, 2013: $ Late Fees: $ 247.84 GSi Court Costs and Fees (estimated): $ 500.00* Attorney's Fees: $ 12,000.00 Total Due as of December t a �'vI20, 2013: $ ti 4 * To be determined by the Cumberland County Sheriff. ��•.s2��,c tt LPL,/ ak 326-- c be -n -eck 0136r /00 Q/f 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 sheriffs sale of real property pursuant to Rule 2958.2. Date: MARTSON LAW OFFICES By: ( 4 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 ls` Federal Credit Union and any information obtained will be used for that purpose. EXHIBIT "A" DOCKET NO. 2013-7700 Parcel No: 08-12-0338-083 ALL THAT CERTAIN tract of land and the improvements thereon situate in Dickinson Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the western dedicated right-of-way line of Cold Spring Road (T- 356) at the dividing line between lots 14 and 5 on the hereinafter mentioned subdivision plan; thence along said dividing line by a curve to the right with a radius of 231.35 feet an arc distance of 120.91 feet; thence along same South 76 degrees 49 minutes 30 seconds West 543.14 feet to a point; thence along same North 16 degrees 40 minutes 25 seconds West 37.90 feet to a point; thence along lands now or formerly of Lester Eser North 16 degrees 40 minutes 25 seconds West 335.47 feet to a point; thence along the dividing line between Lots 5 and 7 on said plan North 77 degrees 41 minutes 20 seconds East 352.11 feet to a point; thence along the dividing line between Lots 5 and 6 on said plan South 12 degrees 18 minutes 40 seconds East 150.00 feet to a point; thence along same North 77 degrees 41 minutes 20 seconds East 315.40 feet to a point; thence along the western dedicated right- of-way line of Cold Spring Road by a curve to the left with a radius of 395.00 feet an arc distance of 150.00 feet to a point, the Place of BEGINNING. CONTAINING 3.827 acres, exclusive of the dedicated right-of-way of Cold Spring Road as described on the hereinabove mentioned subdivision plan. BEING further described as Lot No. 5 on the Final Plan of Major Subdivision for Cold Springs Meadows prepared by Rodney Lee Decker, R.S., dated June 5, 1989 and recorded in Cumberland County Plan Book 59, Page 128. TO BE SOLD AS THE PROPERTY OF RICHARD J. NAZAY, JR., 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. FILE[ -0FF 0E THE PRDTHONO TA�: 201 IIAY .16 API 9 2.7 Christopher E. Rice, Esquire 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. 13 - 7700 CIVIL TERM RICHARD J. NAZAY a/k/a RICHARD J. NAZAY, JR., : IN MORTGAGE FORECLOSURE Defendant AFFIDAVIT PURSUANT TO RULE 3129.1 Members 1" 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 24 Cold Springs Road, Carlisle, Cumberland County, Pennsylvania, and as further described in Exhibit "A" attached hereto: 1. Name and address of owner(s) or reputed owner(s): Richard J. Nazay a/k/a Richard J. Nazay, Jr. 24 Cold Springs Road Carlisle, PA 17015 2. Name and address of defendant(s) in the judgment: Richard J. Nazay a/k/a Richard J. Nazay, Jr. 24 Cold Springs Road Carlisle, PA 17015 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Members 1" Federal Credit Union 5000 Louise Drive Mechanicsburg, PA 17055 CitiMortgage, Inc. 1000 Technology Drive O'Fallon, MO 63368 CitiMortgage, Inc. c/o John D. Krohn Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 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 CitiMortgage, Inc. 1000 Technology Drive O'Fallon, MO 63368 CitiMortgage, Inc. c/o John D. Krohn Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 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: $' - /5' - /�j% MARTSON LAW OFFICES Christopher E. Rice, Esquire 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. 2013-7700 Parcel No: 08-12-0338-083 ALL THAT CERTAIN tract of land and the improvements thereon situate in Dickinson Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the western dedicated right-of-way line of Cold Spring Road (T- 356) at the dividing line between lots 14 and 5 on the hereinafter mentioned subdivision plan; thence along said dividing line by a curve to the right with a radius of 231.35 feet an arc distance of 120.91 feet; thence along same South 76 degrees 49 minutes 30 seconds West 543.14 feet to a point; thence along same North 16 degrees 40 minutes 25 seconds West 37.90 feet to a point; thence along lands now or formerly of Lester Eser North 16 degrees 40 minutes 25 seconds West 335.47 feet to a point; thence along the dividing line between Lots 5 and 7 on said plan North 77 degrees 41 minutes 20 seconds East 352.11 feet to a point; thence along the dividing line between Lots 5 and 6 on said plan South 12 degrees 18 minutes 40 seconds East 150.00 feet to a point; thence along same North 77 degrees 41 minutes 20 seconds East 315.40 feet to a point; thence along the western dedicated right- of-way line of Cold Spring Road by a curve to the left with a radius of 395.00 feet an arc distance of 150.00 feet to a point, the Place of BEGINNING. CONTAINING 3.827 acres, exclusive of the dedicated right-of-way of Cold Spring Road as described on the hereinabove mentioned subdivision plan. BEING further described as Lot No. 5 on the Final Plan of Major Subdivision for Cold Springs Meadows prepared by Rodney Lee Decker, R.S., dated June 5, 1989 and recorded in Cumberland County Plan Book 59, Page 128. TO BE SOLD AS THE PROPERTY OF RICHARD J. NAZAY, JR., ON JUDGMENT ENTERED AT THE ABOVE NUMBER AND TERM. 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. Christopher E. Rice, Esquire Attorney I.D. No. 90916 Aaron S. Haynes, Esquire Attorney I.D. No. 307746 ''LEO- Or FJCM OF THE PROTHONOTARY 20I MAY 16 Jf 9: 2.7 CUMBERLAND COUNTY MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER PENNSYLVANIA 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. 13 - 7700 CIVIL TERM RICHARD J. NAZAY a/k/a RICHARD J. NAZAY, JR., : IN MORTGAGE FORECLOSURE Defendant NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.2 TAKE NOTICE that the Sheriff s Sale of Real Property will be held on 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 24 Cold Springs Road, Carlisle, Pennsylvania 17015. THE JUDGMENT under or pursuant to which the property is being sold is docketed to: No. 2013-7700, Cumberland County C.C.P., Pennsylvania. THE NAME OF THE OWNERS OR REPUTED OWNERS OF THE PROPERTY is Richard. J. Nazay, a/k/a Richard J. Nazay, Jr.. 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: 5-- / S / Cumberland County Bar Association 34 South Bedford Street Carlisle, PA 17013 (717) 249-3166 MARTSON LAW OFFICES By: S 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. 2013-7700 Parcel No: 08-12-0338-083 ALL THAT CERTAIN tract of land and the improvements thereon situate in Dickinson Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the western dedicated right-of-way line of Cold Spring Road (T- 356) at the dividing line between lots 14 and 5 on the hereinafter mentioned subdivision plan; thence along said dividing line by a curve to the right with a radius of 231.35 feet an arc distance of 120.91 feet; thence along same South 76 degrees 49 minutes 30 seconds West 543.14 feet to a point; thence along same North 16 degrees 40 minutes 25 seconds West 37.90 feet to a point; thence along lands now or formerly of Lester Eser North 16 degrees 40 minutes 25 seconds West 335.47 feet to a point; thence along the dividing line between Lots 5 and 7 on said plan North 77 degrees 41 minutes 20 seconds East 352.11 feet to a point; thence along the dividing line between Lots 5 and 6 on said plan South 12 degrees 18 minutes 40 seconds East 150.00 feet to a point; thence along same North 77 degrees 41 minutes 20 seconds East 315.40 feet to a point; thence along the western dedicated right- of-way line of Cold Spring Road by a curve to the left with a radius of 395.00 feet an arc distance of 150.00 feet to a point, the Place of BEGINNING. CONTAINING3.827 acres, exclusive of the dedicated right-of-way of Cold Spring Road as described on the hereinabove mentioned subdivision plan. BEING further described as Lot No. 5 on the Final Plan of Major Subdivision for Cold Springs Meadows prepared by Rodney Lee Decker, R.S., dated June 5, 1989 and recorded in Cumberland County Plan Book 59, Page 128. TO BE SOLD AS THE PROPERTY OF RICHARD J. NAZAY, JR., ON JUDGMENT ENTERED AT THE ABOVE NUMBER AND TERM. 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. 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 1ST FEDERAL CREDIT UNION Vs. NO 13-7700 Civil Term CIVIL ACTION — LAW RICHARD J. NAZAY A/K/A RICHARD J. NAZAY, JR. WRIT OF EXECUTION 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: $127,769.69 L.L.: $.50 Interest AS OF DECEMBER 20, 2013- $5,269.18 - INTEREST ACCURING AT $29.36 PER DAY FROM DECEMBER 20, 2013 Atty's Comm:$12,000.00 Atty Paid: $190.77 FEES - $500.00 Plaintiff Paid: Date: 5/16/14 (Seal) REQUESTING PARTY: Name: CHRISTOPHER E. RICE, ESQUIRE Address: MARTSON LAW OFFICES 10 EAST HIGH STREET CARLISLE, PA 17013 Attorney for: PLAINTIFF Telephone: 717-243-3341 Supreme Court ID No. 90916 Due Prothy: $2.25 Other Costs: LATE FEES - $247.84 - COURT David D. Buell, Prothonotary Deputy Ronny R APidersoa�� Sheriff .a Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY Fr ..01, qt tritiber ? : iE PRO i HuNO jr,i c"V `i, UN 20i{ ACOUNTYi9: vi OFF.ICEOFTHE S73ERIFF CUMBERLAND PENNSYLVANIA Members 1st Federal Credit Union vs. Richard J Nazay a/k/a Richard J. Nazay, Jr. Case Number 2013-7700 SHERIFF'S RETURN OF SERVICE 05/27/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney. SHERIFF COST: $100.21 SO ANSWERS, R. x4.1 June 10, 2014 RONR ANDERSON, SHERIFF ?c) CountySule Sneritt, Teleosott. Inc. F:\FILES\Clients\11470 Members 1st \11470 Archive] 1470.311 Nazay\11470.311.pra.wpd Christopher E. Rice, Esquire Attorney I.D. No. 90916 Aaron S. Haynes, Esquire Attorney I.D. No. 307746 MARTSON DEARDORFF WILLIAMS MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff ILL)" HE PRO [HON 0 20V, JUL -3 .AM 10: r.4 CUMBERLAND COUNTY PENNSYLVANIA OTTO GILROY & FALLER MEMBERS 1ST FEDERAL CREDIT UNION, Plaintiff v. RICHARD J. NAZAY a/k/a RICHARD J. NAZAY, JR., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 13 - 7700 CIVIL TERM : IN MORTGAGE FORECLOSURE PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please mark the judgment against the Defendant satisfied and the action discontinued. MARTSON LAW OFFICES 4 rr Dated: 7-3— Christopher E. Rice, Esquire I.D. Number 90916 Aaron S. Haynes, Esquire I.D. No. 307424 Ten 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. Any information obtained will be used for that purpose. 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: Richard. J. Nazay a/k/a Richard J. Nazay, Jr. 24 Cold Springs Road Carlisle, PA 17013 Richard J. Nazay a/k/a Richard J. Nazay, Jr. c/o Manor Care 940 Walnut Bottom Road Carlisle, PA 17015 MARTSON LAW OFFICES By Dated: 7 - 3 — /I/ M. Price 10 Ea High Street Carlisle, PA 17013 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.