HomeMy WebLinkAbout14-1505 1
Supreme Court of- Tennsylvania
COUr>t;of �C_ommon,Pleas For Prothonotary Use Only:
C vil'Co a Sheet
Docket No: _
CUfVIBERLANf� County 1q, 1 5 6 5
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 lase or rules of court.
Commencement of Action:
S P1 Complaint 0 Writ of Summons 0 Petition
E l Transfer from Another Jurisdiction 0 Declaration of Taking
C Lead Plaintiff's Name: Lead Defendant's Name:
T Members 1st Federal Credit Union Leonard F. Hayes
Dollar Amount Requested: Dwithin arbitration limits
I Are money damages requested? Q Yes 0 No
O (check one) E]outside arbitration limits
N Is this a Class Action Suit? 0 Yes El No Is this an MDJAppeal? Yes iX' No
A Name of Plaintiff /Appellant's Attorney: Christopher E. Rice, Esquire /Martson Law Offices
0 Check here if you have no attorney (are a Self - Represented [Pro Sel Litigant)
Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your
PRIMARY CASE. If you are making more than one type of claim, check the one that
you consider most important.
TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS
0 Intentional 0 Buyer Plaintiff Administrative Agencies
0 Malicious Prosecution 0 Debt Collection: Credit Card 0 Board of Assessment
0 Motor Vehicle 0 Debt Collection: Other 0 Board of Elections
0 Nuisance 10 Dept. of Transportation
0 Premises Liability 10 Statutory Appeal: Other
S Product Liability (does not include
E mass tort) 0 Employment Dispute:
Slander/Libel/ Defamation Discrimination
C Other: Employment Dispute: Other Zoning Board
T 0 Other:
I 0 Other:
O MASS TORT
0 Asbestos
N 0 Tobacco
Toxic Tort - DES
0 Toxic Tort -Implant REAL PROPERTY MISCELLANEOUS
0 Toxic Waste
0 Other: E3 Ejectment 0 Common Law /Statutory Arbitration
B 0 Eminent Domain /Condemnation 0 Declaratory Judgment
Ground Rent 17 Mandamus
0 Landlord/Tenant Dispute _ Non- Domestic Relations
x Mortgage Foreclosure: Residential Restraining Order
PROFESSIONAL LIABLITY 0 Mortgage Foreclosure: Commercial 0 Quo Warranto
0 Dental 0 Partition 0 Replevin
Legal 0 Quiet Title 0 Other:
Medical 0 Other:
0 Other Professional:
Updated I/I/J °''
r^
V
F:\FILES \Clients \l 1470 Members 1st \11470 Curcent \11470.275 Hayes\ 1 1470.275.Hayes.Complaint.Foreclosure.wpd [ 1 {' f t
Christopher E. Rice, Esquire
Attorney I.D. No. 90916 L h MAR 1 PM : i 9 9
Aaron S. Haynes, Esquire rU4EL�^, ? JD f 1 .T't'
Attorney I.D. No. 307746 E�d�SYL'V;ii�
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. 14 - 1 S 5 CIVIL TERM
LEONARD F. HAYES AND
WENDY J. HAYES,
Defendants : IN MORTGAGE FORECLOSURE
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this Complaint and Notice are
served, by entering a written appearance personally or by attorney and filing in writing with the court
your defenses or objections to the claims set forth against you. You are warned that if you fail to do
so, the case may proceed without you and a judgment may be entered against you by the court
without further notice for any money claimed in the Complaint or for any other claim or relief
requested by the Plaintiffs. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS
OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCE FEE OR NO FEE:
IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD A LAWYER
Contact:
Cumberland County Bar Association ?
32 South Bedford Street �6 3� �o�
Carlisle, Pennsylvania 17013
Telephone (717) 249 -3166 0 �
f -� b,�-9
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. 14 - ' j CIVIL TERM
LEONARD F. HAYES AND
WENDY J. HAYES,
Defendants : IN MORTGAGE FORECLOSURE
COMPLAINT
AND NOW, comes the Plaintiff, MEMBERS I` 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 I` Federal Credit Union ( "Plaintiff'), is a federally chartered
credit union located at 5000 Louise Drive, Mechanicsburg, Pennsylvania 17055.
2. Defendants, Leonard F. Hayes and Wendy J. Hayes ( "Defendants "), are adult
individuals residing at 2733 South Rosegarden Boulevard, Mechanicsburg, Cumberland County,
Pennsylvania 17055.
3. Defendants are the owners of the real property located at 2733 South Rosegarden
Boulevard, Mechanicsburg, Cumberland County, Pennsylvania 17055 ( "Real Property"), and more
fully described in a certain deed recorded in the Recorder of Deeds Office of Cumberland County,
Deed Book 274, Page 3439, which is encumbered by the Mortgage described below.
4. On or about December 14, 2007, Defendants executed a promissory note (the "Note ")
with Plaintiff in the amount of $54,000.00. 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 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."
6. The Mortgage has not been assigned.
7. Defendants are the owners 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 Defendants with notice of the period in which Defendants' default
may be cured, but Defendants have failed to cure their default.
10. As authorized under the Mortgage, the loan obligation to Plaintiff from the
Defendants has been accelerated.
11. The total sum due and owing from Defendants under the Note, as of March 21, 2014,
is itemized as follows:
Principal: $51,237.46
Late Fees: $444.90
Interest as of March 21, 2014: $5,888.85
Court Costs and Fees (estimated): $500.00*
Attorney Fees: $5,100.00
Total as of March 21, 2014: $63,171.21
Plus interest accruing at $12.90 per day from March 21, 2014, 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 March 7, 2014, to Defendants by certified mail, return
receipt requested.
WHEREFORE, Plaintiff demands judgment against Defendants under the Note in the
amount of $63,171.21, plus interest from March 21, 2014, at the rate of $12.90 per day until the debt
is paid in full.
MARTSON LAW OFFICES
By: (. 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: 40at 4 - � , 2014 Attorneys for Plaintiff
This is a debt collecting firm for Members V Federal Credit Union. Any information
obtained will be used for that purpose.
EXHIBIT "A"
1 st CI,OSEDfND NOTE, OISCL05URE,
5000 Loulse Dnve, P.O. Doti 40 oonnoAe to HAME ANDADO11IM6 'L;,� fTITY 8dF,8(.T
Maoherif ra, PA 17058 2LEDN F HAY N gl,y
MEMBERS? M PA 17038
M EMBE SOY
.. C6tlWeDmarya ragxp
8.1996 WEND HAY
PASVCIPAI AM�TiOY ' - - �
0474 a MM VAIWOLB
ANNUAL PERCENTAGE FINANCE CHARGE Amount Flnenced; The amount of Total of Poymergs; The amount
RATE The cast of your credit as a The dollar amount din ered0 will credit provided to you or on your you wit have penal alter you have
y early , rate. coel you behalf. made IN payments "ichDouled.
8,19 % e i 08,418.25 • 1 64,000.70 . i 112,1596.92 e
Variable Rata II your ban has a ratable rate so Indlutad above the Annual Percentage Rate may Nuease during the lam of We aanudbn It 0e prdo ti rhangaa. Thar
cradle union w0 add a margin ol io lho Inaou Yana, The rate will change maphly an the Aril 0 q ft rna K The role wig novo be hlghar than the maximum rata slowed by
law, *W B w0 never W bes dam . Any Interest rate Increases Wit result h more payneels of the esme amount. For E1=.,a. 8 your ban "a for AWO a MA for tea
morleie and t Annual PWOWA" Rate Increased by 2% aaa era yea, Ira term or Your loan would Inanau oy Iwo m
aferred Raise, It chvoked. der ro8ow nil appals to Your lose
Automsae Payment Ckcounied Rae0: gacauu.you haul 7fled h man r bed mans p+y;ethrough on s iomaaa deduakn bum Your Chack 9Wit"
eaanL yyooWw ANNUAL PERCENTAGE PATE has been dsco u t by.2M 7be � PERCEM'J�OE RATE dlerloeed above In the ANNUAL PFACFNtACE W1TE box k
IM Aubmwb Pa n Oltceunad.naa, Thb role wig manses by.2 % C . cease as subrraib payment arangamant or Id to maintain Ketclord N ds In your aarount to
odrrer the aulamaaa Ma, I n eupa a cook Ina affed1 at M huease *if bs to extend he tens of year loan, Fa anemone If your Aulommk Payment Diimmled Rate Is to%
an a 35,000.00 tan r e0 moaha and you c•au dq anam do paymad anargomaK, your rWavAI brapase la 1810%, fdsWgng k11 addhbnel pairmeH.
Verb bie Rate laretefred Loans. If your ban Is a vadable nil ban and you eretNy for a piefamd rat•, your preferred discount Is titan at the gals you Isks out vvooww ban. Thb
NN W pprrealerYad ANNU�9L PERCENTAGE RATE ell then vary ascerdha to ere In lha intlex p d4 das•d ebow . Faraxanpla, Ir a vateble roe ban's Inkbl ANNUM
PERDENTAGE RATE 6 12 %al IM tame you take the km, your MW prefert ANNUAL pERCWTAO! RATEw G NM %, Yar InNlal pnbrred ANNUAL PERCENTAGE
qq..��TE w48 Nan vary eccerdNd to t Icey�, ea tWebaa! N the NariaWe Role provlelan above,
Flood Rate Pref•rod Lams, gyour ban b e axed rate ban sad you quaary lof epreferrW rata, yourAN"I. PERCENTAGE RATE wit be M preferred ANNUAL
PERCENTAGE RATE 4b0beed above tar a as x rofamd statue ram Z& In affect.
Numberoffaymmb Amaurdolpaymmts PaymentPraquenoy When paynmb Are Cup crops7Irfurenao :YoumpyObtg�lprop"_
vex nsum ram a ore ward 11 11111; a�Caalade to
Parent 239 $001,15 M -they- 6egtatln0 D1/3a2006 u w��l payai Iho Insuronca horn the
Vow wee•, 1 3660.90 Final Due - 12MP427 1W
ea er secupft o her om4 su von ere goods nr prapmty Other
wlNalsoaerareWeloen YOU are glNnpasacwNylmen >< gln� paypDUfrltaead• ( ,,Other
your shares anddar deposit N ft Cosa uffm amE U
LaI*Ch• rya: 9epeynamlbldebyl0d eye armorsYOUwig q ulred0. pod1941anc4 ;TheAnnuslPercent"aRatedou ptllnYPeoa Non- Fl"Inturanest
bar ohorga a 1814 toe 01 e %ol your eohe"d DaYrnaat ngAab auount yaw
n roquxad deposit balance, N any, 3 W 1 rgA
mMrlla. B Oa/ r ,You a PY/ ii .ne OrpsW area nor"M 48 raaw naaw
AMOUNTFINANC.ED $ 54A70o,Do Amours! Paid to ot on your bohall ( Describe)
$ T 3 To
AMOUNT GIVEN TO YOU D)NECTLY 1 1,110.42 $ T o o 3 To
3 To 3 To
i To 3 To
AMOU14TPAK)ONYOURACCOUNT$ 02,880.58 = To = To
j 3 To 3 To
3 To 5 To
PREPAID FINANCECHARGE 5 0-0013 To 30.00 To Am#
3 To Aged Salmis 5 To Auedsaruca s
A TI
stAicE MODEL YEAR I.D. NUMBER Type VALUE
I
i OTHER (Describe): 27 33 S ROSEGARDEN BLVD
erWdlOf De�poelto .• = ACCOUNT Nta,teeq AMOUNT ACCOUNT NUTAOER
You sh
agree true on tams and commm" In"" disclosure statement end are ban and teeurly aasanente baled on page 2 of gds doe~ itn" apply to No bm, N there Is mare
Ihm re berrower, we epa0 NM erg the cordtllotu q the ban and aecudly agrooreenti powmkq Ws bar s boar only oral c aalry,
o Yoy aoynowlodge drat YOU Mva
retsNed • cop 014 loan and Mudty sgraemmp and dkobeure abdomen, Co-ggmr 0000-MAKER tnhq of Ile reoelpl b cuslpner
conlailed an P 2,
0 91(iNATU OAT ❑'OTH ERO 6R OT 0 R (6EAL)T Q C Q'•CO•aIONER OATS Q•OTtiE ❑ ^CO R DATE r
X (SEAL) (8-1
gbMAKER Q • ER Oy1MER ❑ •'CO -St NEq DATE ❑'OTHER OWNER ❑ '•Co- s4N DATE
(S EAL) (SEAW
. 'anaa OYNeraMe pna awn. ra„n 1rWd bMaw.YwM.a warrrry. acre 4 nl lMt+.M4WWIMN.w�weMbell. arW 4 d.N,Wwlbr a.d./r
anti„I,eW a.e..• /tibraabSael4rra,gl.b.e LVee .•rw coda arena Yq.wYt.weabb rrlOe dee+'q aa.w Ar e. W W71.
eYrellrrl,lr. N Meet b MYeM r Y,. eba1./1VUM �. rabY�
NOTICE TO CO -SCONE
You two being as ed ig gu�rgnlao Lin deD1, Think carefully before you do. If Iha borrower doesn't pay the debt, you will have to. Be sure you can afford to
M � hate to all ih you want o 11 ccep1911s reaponslblNly,
m
BY piY W to a fu3 amount of tha debt I) the borrower does nol pay, you may also have to pay late fees or Cd[ocl(0n Costa, which Mcrease thi
amount
ri The Cr can ca8scl Itaa dabl tram ou Wfl1yh �outy 0rstolryl �Igs ( from the porfower, The aed8o n use the same Collection methods ainst You that
d. Ttiie rwlia�i no (ate c Ih;ti you Oe�Te f tine CebG des, ek.11 tllis debt is ever �n�aUury, that lad may become a part a your Cradii
Page 1 of 2
i
BORAOVOER @ WSW MMR 1 ACCCWfWJL1dER DATE Of LOAN
LEONARD FHAYES 12J102001
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LOAN AOg6EMENNTERI SECURITY AGREEMENT
ay on�r/�y� Choi For vole roealved, you provse to pay at 1. To •.eve caymans or W s IWq and d • m hKUr• by o arWR
hB Cfadll 8011 omCO, 6 l AMCUr1 dUA M p n t 6hB11 bo mp d8 union °n In 6nnat on th thlf I n r In i�i on • aaca l 1� q� L
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pf veto that ou coR11RU@ tJ go 14
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Page 2 of 2
EXHIBIT "B"
Prepared By: Members 1 st FCU
5000 Louise Drive
Mechanicsburg, PA 17055
Return To: Members 1 st FCU
Real Estate Department
5000 Louise Drive
Mechanicsburg, PA 17055
(717)- 795 -6026
MORTGAGE
Made 12/14/2007 _
Between
LEONARD HAYES AND WENDY HAYES
(hereinafter called "Mortgagor")
And
MEMBERS 1 5T FEDERAL CREDIT UNION (hereinafter called "Mortgagee ")
Whereas, Mortgagor, has executed and delivered to Mortgagee a certain Mortgage Note (hereinafter
called the "Note ") of even date herewith, payable to the order of Mortgagee in the principal sum of
$ 54 ,000.00_ , lawful money of the United States of America, and has provided therein
for payment of any, additional moneys loaned or advanced thereunder by Mortgagee, together with
interest thereon at the rate provided In the Note, in the manner and at the tunes therein set forth, and
containing certain other terms and conditions, all of which are specifically incorporated herein by
reference;
Now, Therefore, Mortgagor, in consideration of said debt or principal sum and as security for the
payment of the same and Interest as aforesaid, together with all other sums payable hereunder or under
the terms of the Note, does grant and convey unto Mortgagee,
All that certain property of the Mortgagor located in UPPER ALLEN
TOWNSIIIP Cumberland County, Pennsylvania
DEED DATED 06/2412008
BK 274
PG 3439
which currently has the address of 2733 S ROSEGARDEN BLVD
MECHANICSBURG Pennsylvania [Street] 17055
[City] [Zip Code]
Acct No nppt4_ Page 1 of 4
Together with the buildings and improvements erected thereon, the appurtenances thereunto
belonging and the reversions, remainders, rents, issues and profits thereof.
To Have and To Hold the same unto Mortgagee, its successors and assigns, forever.
Provided, However, That if Mortgagor shall pay to Mortgagee the aforesaid debt or principal sum,
including additional loans or advances and all other sums payable by Mortgagor to Mortgagee hereunder
and and er the terms of the Note, together with interest thereon, and shall keep and perform each of the
other covenants, conditions and agreements hereinafter set forth, then this Mortgage and the estate hereby
granted and conveyed shall become void.
This Mortgage is executed and delivered subject to the following covenants, conditions and
agreements:
(1) The Note secured hereby shall evidence and this Mortgage shall cover and be security for any
future loans or advances that may be made by Mortgagee to Mortgagor at any time or times hereafter and
intended by Mortgagor and Mortgagee to be so evidenced and secured, and such loans and advances shall
be added to the principal debt.
.. (2) From time to time until said debt and interest are fully paid, Mortgagor shall: (a) pay and
discharge, when and as the same shall become due and payable, all taxes, assessments, sewer and water
rents, and all other charges and claims assessed or levied from time to time by any lawfUl authority upon
any part of the mortgaged premises and which shall or might have priority in lien or payment to the debt
secured hereby, (b) pay all ground rents reserved from the mortgaged premises and pay artd discharge all
mechanics' liens which may be filed against said premises and which shall or might have priority in lien
or. payment to the debt secured hereby, (c) pay and discharge any documentary stamp or other tax,
Including interest and penalties thereon, if any, now or hereafter becoming payable on the Note
evidencing the debt secured hereby, (d) provide, renew and keep alive by paying the necessary premiums
and charges thereon such policies of hazard and liability. insurance as Mortgagee may from time to time
require upon the buildings and improvements now or hereafter erected upon the mortgaged premises,
with loss payable clauses in favor of Mortgagor and Mortgagee as their respective Interests may appear,
and (e) promptly submit to Mortgagee evidence of the due and punctual payment of all the foregoing
charges; provided, however, that Mortgagee may at its option require that sums sufficient to discharge
the foregoing charges be paid in installments to Mortgagee.
(3) Mortgagor shalt maintain all buildings and improvements subject to this Mortgage in good and
substantial repair, as determined by Mortgagee. Mortgagee shall have the right to enter upon the
mortgaged premises at any reasonable hour for the purpose of inspecting the order, condition and repair
of the buildings and improvements erected thereon.
AcctNo AppIA page 2 of 4
(4) In the event Mortgagor neglects or refuses to pay the charges mentioned at (2) above, or fails to
maintain the buildings and improvements as aforesaid, Mortgagee may do so, add the cost thereof to the
principal debt secured hereby, and collect the same as a part of said principal debt.
(5) Mortgagor covenants and agrees not to create, nor permit to accrue, upon all or any part of the
mortgaged premises, any debt, lien or charge which would be prior to, or on a parity with, the lien of this
Mortgage.
(6) In case default be made for the space of thirty(30) days in the payment of any installment of
principal or Interest pursuant to the terms of the Note, or in the performance by Mortgagor of any of the
other obligations of the Note or this Mortgage, the entire unpaid balance of said principal sum, additional
loans or advances and all other sums paid by Mortgagee pursuant to the terms of the Note or this
Mortgage, together with unpaid interest thereon, shall at the option of Mortgagee and without notice
become immediately due and payable, and foreclosure proceedings may be brought forthwith on this
Mortgage and prosecuted to Judgment, execution and sale for the Collection of the same, together with
costs of suit and an attorney's commission for collection of give percent (5 %) of the total indebtedness or
$200, whichever is the larger amount. Mortgagor hereby forever waives and releases all errors in said
proceedings, waives stay of execution, the right of inquisition and extension of time of payment, agrees
to condemnation of any party levied upon by virtue of any such execution, and waives all exemptions
from levy and sale of any, property that now is or hereafter may be exempted by law.
(7) Upon payment of all sums secured by this Mortgage, this Mortgage and the estate conveyed shall
terminate and become void. After such occurrence, Mortgagee shall discharge and satisfy this Mortgage.
Mortgagor shall pay any, recordation costs. Mortgagee may charge Mortgagor a fee for releasing this
Mortgage, but only if the fee is paid to a third party for services rendered and the charging of the fee is
permitted under Applicable Law.
The covenants, conditions and agreements contained in this Mortgage shall bind, and the benefits shall
inure to, the respective parties hereto and their respective heirs, executors, administrators, successors and
assigns, and if this Mortgage is executed by more than one party, the undertakings and liability of each
shall be joint and several.
i
AcetNo App1U_ Page 3 or4
Witness the due execution hereof the day and year first a writte�
�!
TE
WENDY HAVES
Commonwealth of Pennsylvania )
ssr
County of YORK )
On this, the J. th day of DE( EMER ,2007 , before me,
MITZL K. PEYTOI — , the undersigned officer, ep rsanally appeared
satisfactorily proven to me to be the person(s whose names is /are subscri ed to the within Mortgage, and
acknowledged that he /she executed the same for the purposes therein contained.
In Witness Whereof, I hereunto set my hand and official seal„
My commission expires:
i'
I
I ,
I
er_tifjeatee of Residence of Mortgug_ce
Members 1ST Federal Credit Union, Mortgagee within named, hereby certifies that its residence
is 5000 Louise Drive, Mechanicsburg, PA 17055.
B m 4 & � r2
Amt No Applp Pape 4 of 4
VERIFICATION
I, j u141 , as an employee of Members 1 n Federal Credit Union,
acknowledge I have the aut ity to execute this Verification on behalf of Members I' 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 1 FEDERAL CREDIT UNION
B•
N e: _J �L�4,0 U
Title: U C:(Ct�lO�'1 QG(Q1(�
FAF1LHSTHemp111470 Members Ist111470 Currem111470.275 Hayes \11470. 275. Hayes.Complaint.Foreelosure.wpd
Christopher E. Rice, Esquire
Attorney I.D. No. 90916 I.� e
Aaron S. Haynes, Esquire
Attorney I.D. No. 307746 CUM J'ERLAND C'JU " T Y
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER PE[`NSYLVM41,
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. 14 - I Jf CIVIL TERM
LEONARD F. HAYES AND
WENDY J. HAYES,
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.
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 251.0 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:
Christopher E. Rice, Esquire
T.D. No. 90916
Aaron S. Haynes, Esquire
I.D. No. 307746
Ten East High Street
Carlisle, PA 17013 -3093
(717) 243 -3341
Dater (-f / �, 2014 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:
I.
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?
Mailing Address:
City: State Zip:
Phone Numbers: Home: Office:
Cell: Other:
Email:
# of people in household: How long?
FINANCIAL 1NF0RN1Xr101
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: ' Y om:
Amount owed: Value:
Automobile #2 : Model: Year:
Amount owed: Value:
Other transportation (automobiles, boats motoroycles): 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 Expenses: (Please only include expenses you are currently paying)
EXPENSE AMOUNT EXPENSE AMOUNT
Mortgage Food
2° Mortgage Utilities
Car Pa ens Condo/Neigh. Fees
Auto Insurance Med. not covers
Auto fueUre airs Other prop. payment
Install. Loan Payment Cable TV
Child Su ort/Alim. Spending Mone
Da /Child Care/I'uit. Other Expenses
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 the following information:
Counseling Agency:
Counselor:
Phone (Office): Fax:
2
Email:
Have you made application for Homeowners Emergency Mortgage Assistance Program
(HEMAP) assistance?
Yes ❑ No ❑
If yes, please indicate the status of the application:
Have you had any prior negotiations with your fender 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:
-Yt Proof of income
V Past 2 bank statements
Proof of any expected income for the last 45 days
V Copy of a current utility bill
Letter explaining reason for delinquency and any supporting documentation
t (hardship .letter)
Y Listing agreement (if property is currently on the market)
3
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
'^�"T5H4F"e
OPRCE OF THE SHERiFF
O�F[:�
?' '�O�!�i\
yo.�`v .
��\ku�R -� le, 13 AW
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r
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Members 1st Federal Credit Union
vs.
Leonard Hayes (et al.)
Case Numbe
2014-1505
SHERIFF'S RETURN OF SERVICE
03/19/2014 02:39 PM - Deputy Jason Kinsler, being duly sworn according to law, served the requested Notice of
Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by
"personally" handing a true copy to a person representing themselves to be the Defendant, to wit:
Leonard Hayes at 2733 S. Rosegarden Boulevard, Upper Allen, Mechanicsburg, PA 17055.
.��
�
JASONKINSLERf DEPUTY
03/19/2014 02:39 PM - Deputy Jason Kinsler, being d ly sworn accord 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 Leonard Hayes, Husband, who accepted as "Adult
Person in Charge" for Wendy Hayes at 2733 S. Rosegarden Boulevard, Upper Allen, Mechanicsburg, PA
17055.
SHERIFF COST: $55.79 SO ANSWERS,
March 20, 2014 R N R ANDERSON, SHERIFF
F:\FILES\Clients\11470 Members 1st\11470 Current \11470.275 Hayes\ 11470.275.Hayes.Motion to Lift Stay.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
PI D -U H ',.
Cr THE PROTHONOT
2 1t, F aY 22 Phi 2: 56
CO PENN YLVAN ARTY
OTTO GILROY & FALLER
MEMBERS 1ST FEDERAL CREDIT: IN THE COURT OF COMMON PLEAS OF
UNION, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v.
LEONARD F. HAYES AND
WENDY J. HAYES,
Defendants
: NO. 14 - 1505 CIVIL TERM
: IN MORTGAGE FORECLOSURE
PLAINTIFF'S MOTION TO LIFT THE STAY
AND NOW, comes Plaintiff Members 1st 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. Defendants, Leonard F. Hayes and Wendy J. Hayes ("Defendants"), are adult
individuals residing at 2733 South Rosegarden Boulevard, Mechanicsburg, Cumberland County,
Pennsylvania 17055.
3. Plaintiff filed a Complaint in the above -captioned mortgage foreclosure action on
or about March 14, 2014, 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," Defendants were served with the Complaint on March 19, 2014.
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 May 19, 2014.
8. Upon information and belief, Defendants have 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 Defendants
requesting concurrence in this Motion. It is presumed that Defendants do not concur.
11. As Defendants 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
Date: MA/ 2 , 2014
By:
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
4 SW
Attorneys for Plaintiff
This is a debt collecting firm attempting to collect a debt for Members 15` 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 COUNTY
s' THE ROI buNui.tZit';
2114 PR -14 Ati le, 13
PENNSYLVANIA
pt�sm of CII lhbptt
y9•
•
orFtCE OF THE SHERIFF
Members 1st Federal Credit Union
vs.
Leonard Hayes (et al.)
Case Number
2014-1505
SHERIFF'S RETURN OF SERVICE
03/19/2014 02:39 PM - Deputy Jason Kinsler, being duly sworn according to law, served the requested Notice of
Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by
"personally" handing a true copy to a person representing themselves to be the Defendant, to wit:
Leonard Hayes at 2733 S. Rosegarden Boulevard, Upper Allen, Mechanicsburg, PA 17055.
JASON INS R, uEPUTY
03/19/2014 02:39 PM - Deputy Jason Kinsler, 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 Leonard Hayes, Husband, who accepted as "Adult
Person in Charge" for Wendy Hayes at 2733 S. Rosegarden Boulevard, Upper Allen, Mechanicsburg, PA
17055.
zi
JASON K ST'UTY�•�.....r.,
SHERIFF COST: $55.79 SO ANSWERS,
March 20, 2014
(c) CountySulto Shorift, TeleoSofl, Inc.
RONR 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:
Dated: 37
if
Leonard F. Hayes
2733 South Rosegarden Boulevard
Mechanicsburg, PA 17055
Pro Se Defendant
Wendy J. Hayes
2733 South Rosegarden Boulevard
Mechanicsburg, PA 17055
Pro Se Defendant
MARTSON LAW OFFICES
By:1 AO✓ .i
Maly . Price
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
MEMBERS 1ST FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS OF
UNION, : CUMBERLAND COUNTY, PENNSYLLANT
c2r,
C)
Plaintiff
v. : NO. 14 - 1505 CIVIL TERM
LEONARD F. HAYES AND
WENDY J. HAYES,
Defendants
: IN MORTGAGE FORECLOSURE
(.\
ORDER
AND NOW, this 34 day of , 2014, upon consideration of
Plaintiff's Motion to Lift the Stay, it appearing/that Defendants Leonard F. Hayes and Wendy J.
Hayes have not opted in to the Cumberland County Residential Mortgage Foreclosure Diversion
Program by filing a Request for Conciliation Conference within 60 days of the date of service
upon them of the 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.
D' tribute to:
./ Christopher E. Rice Esquire
MARTSON LAW OFFICES
10 East High Street
Carlisle, PA 17013
Counsel for Plaintiff
Leonard F. Hayes
2733 South Rosegarden Boulevard
Mechanicsburg, PA 17055
Pro Se Defendant
ndy J. Hayes
2733 South Rosegarden Boulevard
Mechanicsburg, PA 17055
Pro Se Defendant /
yes P2.2.11
EL
Wki,y
BY THE COURT,
/91
J.
F\FILES\Clients\11470 Members 1st\11470 Current\11470.275 Hayes\11470.275.pra.default.wpd
Christopher E. Rice, Esquire I
Attorney I.D. No. 90916
Aaron S. Haynes, Esquire ' 20 APi
Attorney I.D. No. 307746
MARTSON DEARDORFF WILLIAMS OTTO GILROY &FALL ! S Y[NA 1 i A
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. 14 - 1505 CIVIL TERM
LEONARD F. HAYES AND •
WENDY J. HAYES, •
Defendants : 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
Defendants Leonard F.Hayes and Wendy J.Hayes,in the amount of $63,171.21, plus interest from
March 21, 2014, at the rate of$12.90 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 Leonard F.Hayes and Wendy J.Hayes on June 9,2014, 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 L
Aaron S. Haynes, Esquire $�6 � P, a1'
I.D. No. 307424 � Y6
Ten East High Street c�C
Carlisle, PA 17013 Of 307���
(717) 243-3341
Dated: 6!°�l// Attorneys for Plaintiff j ifcc 4,11A
,
Christopher E. Rice, Esquire
Attorney I.D. No. 90916
Aaron S. Haynes, Esquire
Attorney I.D. No. 307746
MARTSON DEARDORFF WILLIAMS OTTO GILROY &FALLER
MARTSON LAW OFFICES
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
MEMBERS 1ST FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS OF
UNION, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff •
v. : NO. 14 - 1505 CIVIL TERM
LEONARD F. HAYES AND :
•
WENDY J. HAYES,
Defendants : IN MORTGAGE FORECLOSURE
AFFIDAVIT AS TO MILITARY SERVICE
COMMONWEALTH OF PENNSYLVANIA )
:SS.
COUNTY OF CUMBERLAND )
Christopher E. Rice, Esquire, being duly sworn according to law, deposes and says that he
has authority to make this affidavit on behalf of his client, and to the best of his knowledge,
information and belief, Defendants Leonard F.Hayes and Wendy J.Hayes,above named are not in
the military service of the United States of America,that he has knowledge that the said Defendants'
last known address is: 2733 South Rosegarden Boulevard, Mechanicsburg, PA 17055. Said
Defendants' places of employment are unknown.
Ce4 < 2
Christopher E. Rice, Esquire
Sworn to and subscribed before me
thisattk day of June, 2014.
/syr I
Ot44.e9
MONWEALTH OF PENNSYLVANIA-
Notarial Seal
blic
N• •�; Public Carlisle ,CCe,Notary Cumberland18$
8n15
Wires A► •1 •PENNSYNOT
My Conimieslon tv ` Au
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. 14- 1505 CIVIL TERM
•
•
LEONARD F. HAYES AND
•
WENDY J. HAYES,
Defendants : IN MORTGAGE FORECLOSURE
IMPORTANT NOTICE
TO: Wendy J.Hayes DATE OF NOTICE: June 9,2014
2733 South Rosegarden Boulevard
Mechanicsburg,PA 17055
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
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.
F ILESCheats 11470 Members 1st\11470 Curremlf 1470 275 HayesU 1470 275 Hayes.10daynutwe_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. 14 - 1505 CIVIL TERM
LEONARD F. HAYES AND •
WENDY J. HAYES, •
Defendants : IN MORTGAGE FORECLOSURE
IMPORTANT NOTICE
TO: Leonard F. Hayes DATE OF NOTICE: June 9,2014
2733 South Rosegarden Boulevard
Mechanicsburg, PA 17055
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
Cee".. <
By:
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.
F:\FILES\Clients\11470 Members Ist\11470 Current\11470.275 Hayes\11470.275.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. 14 - 1505 CIVIL TERM
•
LEONARD F. HAYES AND
•
WENDY J. HAYES,
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 Leonard
F. Hayes and Wendy J. Hayes, was given to them by mail on June 9, 2014.
044 '<-
Christopher E. Rice, Esquire
Sworn to and subscribed
before me this J0 a✓ day of June, 2014.
iii LceJ
N t Public 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:
Leonard F. Hayes
2733 South Rosegarden Boulevard
Mechanicsburg, PA 17055
Wendy J. Hayes
2733 South Rosegarden Boulevard
Mechanicsburg, PA 17055
MARTSON LAW OFFICES
By / ,9
M., .. Price
10 E.Ft High Street
Carlisle, PA 17013
Dated: S/020
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. 14 - 1505 CIVIL TERM
LEONARD F. HAYES AND ••
WENDY J. HAYES, •
Defendants : IN MORTGAGE FORECLOSURE
TO: LEONARD F. HAYES
NOTICE OF ENTRY OF DEFAULT JUDGMENT
You are hereby notified that on the k day of June, 2014,the following Judgment was
entered against you in the above-captioned action: judgment in the amount of$63,171.21, plus
interest from March 21, 2014, at the rate of$12.90 per day until the debt is paid in full for failure
to file an Answer to Plaintiffs Complaint.
s
Date: b/debI/y
Prot notarye31611114161°)Z'
I hereby certify that the names and address of the proper persons to receive this notice
under Pa. R. Civ. P. 236 are:
Leonard F. Hayes
2733 South Rosegarden Boulevard
Mechanicsburg, PA 17055
A
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. 14 - 1505 CIVIL TERM
LEONARD F. HAYES AND •
WENDY J. HAYES, •
Defendants : IN MORTGAGE FORECLOSURE
TO: WENDY J. HAYES
NOTICE OF ENTRY OF DEFAULT JUDGMENT
You are hereby notified that on the day of June, 2014,the following Judgment was
entered against you in the above-captioned action: judgment in the amount of$63,171.21, plus
interest from March 21, 2014, at the rate of$12.90 per day until the debt is paid in full for failure
to file an Answer to Plaintiffs Complaint.
Date: b/ `2'a) •
Prothonotary
I hereby certify that the names and address of the proper persons to receive this notice
under Pa. R. Civ. P. 236 are:
Wendy J. Hayes
2733 South Rosegarden Boulevard
Mechanicsburg,PA 17055