Loading...
HomeMy WebLinkAbout05-1746 MEMBERSl~FEDERAL CREDIT UNION IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF Vs. NO.: 0 S' - J "Ii/to C;0~l~CCiLYY1 WILLIAM D. TANNER and SHERRIS. TANNER DEFENDANTS : CIVIL ACTION - LAW : MORTGAGE FORECLOSURE NOTICE TO DEFEND AND CLAIM RIGHTS 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 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 claims or relief requested by the Plaintiff. 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 HA VE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, P A 17013 (717) 249-3166 OR (800) 990-9108 CLOSED-END NOTE DISCLOSURE ~lS 1 5000 Louise Drive, P,O. 80x 40 BORRO\I\fER'S NAME AND ADDRESS WilliAM D TANNER Mechanlcsburg. PA 17055 571 CONODOGUINET AVENUE CARLISLE PA 17013 MEMBERS I' ACCOUNT NUMBER 1tto.>.:o.t"'n>f!\)ft)lI 203953-05 17'>..5'.'129 CO-BORROWER'S NA.ME 6.49% PRINCIPf\lAMQUNT lO"'N NUVI&R COElQRROV~E.R.'S NAME. <"80m,00 37710 DA TE 857~r'2003 M~r~r&f1i~ o mED o VARIABLE 0 ANNUAL PERCENTAGE FINANCE CHARGE: Amount Flnanced: The amount of Total of Payments The amQunt RA TE: The cosl of \<lur credit.s a The dollar amount the credil will credIt provided to you or on your you will have paid aft~r you have year1y rete, . cost you. behalt, made all payments fjS scheduled. 6.49 0/0 . $ 27,272.13 . $ 48,000,00 . $ 75,272.13 . Variable Rat:e~ If your lo~ haio a variable rate ae indICated stove the Annual Pcrcenta~ Role rrt'ly incretie dt.rina the ~erm of thi$ tranuctlon If (he (ifldox) ch(inges. The F~~~dni~~~j~ ~ rr;:~~I~~n to t~~7~~;:t7~feTr~:::~~il~~~~;~t~::~ ~~~~:to~~(.:s~~~~nT~W;rake)(~J~;:1( y~rig~~::?;~{~m~~5r~\;o~1~ed by rT'lCf'l\hs llf"'ld \he A.f\1't.Ji'!o\ Puc~e Ra'te Increased Dr' 2% after one yeer, the term ot your loan woulclln:;rease 0., twO rT'Ol"'\lhi .p,..rerred R:Jte: If cneckad. the fonONing 6Pplie'3 to YOLlr loon Wc~r=~~~~~~~g~~~~ ~~E ~~~:n~I~C~~~ree~~~~ ~%~~i~I~~YA~~~A~E t~l~~~g;e~na~~~t!l~e~~~rL f~~~tf~iXG~~~r~~~s the Automatic Payment Discoun1ed Rale This rate wllllncrease t1y:fcr% If you cease lhe aUlomatid'ayment arr2ln;Jerrent Ot (all to maintain !.vf!icient Turds In yoor ~\;CDUl1t (0 cOYer the autorT'6t1c payments. In su::;h a case, the e(1'ect of the Increase W'll\ be 10 extend the lerm yOJr Joan. FUI example. if your Au!ol'TEt~c Payment Discounted Rate 1510% on a $5.000 DO loan tor 60 marths and you cease lM alJtomatk: paytt"'oert f.t"(;.ln~'err.., '11M fa\e ~;;\\\ incr~be to 1020%, resu1tino In 1 aclditicnal payrrenl Valiabh1 Rate PJl!Jerred Loan'. Ir your loon Is e v~rlab!e rate loan 60d you qualify for a D"eterred rate.: your preferred discount is laken at l~e time you lake oui you loarl ihls Initial prefeued ANNUAL PERCENT AGE RATE WIll then ~ry accordJno 10 chan!;,)es In ltle Irdex (as disclosed abQllf;) For ~X8mple. If ~ V3nab!€ l'dle loan'g initial ^NNUAl ~~~~{t~~~ ~~~~~~f~ ~~ t: t;~~aiad~ci~~~J:\/~\\~J:~:~~~D~~~La=C~NT AGE RArE Will be N/A%, Your Initial ~efa-red ANNUAL PERCENT AGE Fixed Rate p",fetted Loans. If y~r loan is a rl)(ed rate roan and you Qualify for a preferred rate, your ANNUAL PERCENT AGE RATE will be the prderred ANNUAL PERCENT AGE RATE disclOSed above for as lorv~ as ytAX pre!etred status retfJsins In effect Numbtr of PaIj{\"1jl!t\ts l\m1)unt of Pay@nls. Payrmnt Fr~ue!);y Wh.en Payment$ Ar.. Que Prop~rty In$urance.: YOlllnaY obtaIn property VO\Jt Insurance from anyone you vvant that Is acceptable to Pa)'l'T1enl 179 $418.18 Monthly. Beginning 0710 1 12OC3 :t:&r~~~~~~ ~K~~?et the insurance from the SchtdU\!l= I'Iotllbe 1 $<\lH.1 final (Xl. - On 0610112018 S~curity: Collateral 'Iecurlng ether loans: with th~ credit LIfli~ the ??oo5 ()" prooert{ aher will also secure Irll$, loon. _ You are giVing a. s~unty trAerest In 0 being purchased 0(0..0000) your &hares and/or Qepo::llt in the cr~dit UOICfl ~nd' X La1e Chllrg.: If e payrront Is lala by 10 days Of more you w1U- ( Required Oepod Batance'. The AnnwlPercertage Rate does ( .Filing Fees: I Non-FlUng InsurancQ; be ChafOoo a late fee of 5% r:j your schedUed payment. not lake Into account '(OUr req,ulred deposit bafeo:;e, if any $ NlA $ fWA !';~:;~;tl~~~ plly 011' e/J(I,/. you wil not have to P-1Y. penalty I g:'~~d~r~~~~~e~)'r~~~~~:~~ iliJlIt ncnpllYflWl1[ae ,tlJl~ any require! repaymt'nflr1I'uII6ifQl"@ ITEMIZATION OF AMOUNT FINANCED $ 48,000.00 Amount Paid to others on your behalf (Describe) AMOUNT GIVEN TO YOI) DIRECTLY $ 0.00 $000 To MlnnElGotIlIN $ To $000 To M(nne$Ot&. Ute $ To AMOUNT PAID ON YOUR ACCOUNT $ 48,000.00 $ To $ To $ To $000 To Fee$ PREPAID FINANCE CHARGE $ 0.00 $ To Ol~olr;c $ \0 AJu.ct$QlLtQ"'& MAKE MODEL SECURITY INFORMA TKlN YEAR 10 NUMBER TYPE VALUE OTHER (Describe): 571 CONODOGUINEf AVENUE You Pledge Shar.. andlor Dep06n. of AMOUNT $ ACCOUNT NUMBER AMOUNT $ Ao::oum NUMBER '"(au aoree thz\ tne\~ an6 Cc:ndltlonB in the osclos\Je statement ard tne loan ard 9ocur1ty aoreement.& \cca\ed on page 2 01 'tiil> oocument 6hall a~y\o thig loon. \! l~re is more lnan():,e 00fr0N8/'. VIf agree that all the oonditiOll$. of the loan and seGUrltY agreerrentE: Gwerning thill Io~ shal apply 10 ooth lotntty 6('yj %evera~\)', You aCKnO#lecjQ9 that you nave received a copy or tt1~ loan am geclXtty agreerrenl:s ard dlsC(osure stat.ement. Co-signer: If you are signlr(1 as Co-Stgner, you ackn<mlecsae receIpt of IhQ notlce to oo-slcner COOlalntd or. pace 2 RCVVERS SJGNATURE OA.rE .--- (SEAL) o -CO-SIGNER DATe (SEAL) x o CO-MI>l<ER X o "OTHER OVVNER 0 -CO-SIGNER OJ\.TE (SEAL) 10 COMAKeR o 'OTHER OWNER 0 '"CO-SIGNER DATE X (SEAL) 0 CO-MAKER o 'OTHER OWNER 0 '.CO-S\GNER DATE X (SEAl) 0 co- M"KER o 'OTHER OWNER 0 -CO.SIGNER DATE X (SEAU .OTHllJl OWN!:It; A1f'( p4'rWn who hett 1.~flt'f11lQn-st (olnfrthlm... rtrW:","or t.norj In 1fl,;lb(IH d.cr~a <<lI1,,~ fl~nf hff'. The olhcrownlll', I.tnl~" tl.4 l.C'e.mllk.... It not t>bI~-'-.i to p.;oym. ".01, b<.ll undon;tN>lf, llllll cr'Xl. unit>n r-. . .Hunrylm.rul In 11". o;OllaknJ ... UJlllllnfClll1lh.ll lIse.ptcy "~(Ull:ltN. "~_~IOf1IiIl:~ upt>n d~....I~!fI. o;rU;H( unl"" ma.y.HIl tmmeodl.t P')'In'!Jt frgal nt. "u~loro''''Y WXlIUI 'um' aUo! t>nU..loa.n. n~ \1JannlOf .....(~"t _" I'I<>\ltt tl> "ll~hh~ Or ~h. wovld """.rwJs. b<! t'OUIl.d ~ylllW. APPL!CA nON FOR GROUP CREDIT INSURANCE 1 ?:j~~~l~: ~~~:\J:~: ~~~~~~ ~~~~.~ ~~ ~~:~~Vol~,r~~i~rC~r!~j~I~(~)~~:r~J:ie ~r~Y~~l!~ ~;~~=~~~:~~~~:1r~~~~gj: ~e~~~or ~"u:lr~f~:'~ ~~de~?~~~U~I~n~~~ ~~~r~e81~~~ ~a~~~;:'fSm~~~}~~~~T]e~~~IZ: Ins~nc6 A!dSUC~~T CO~P~AHl 1 (Apt:)j;Clrbll!!to~feln!lJrtIlV::0 C(Nera9&ooly)wmyou be under age 10 on ttleli'ChedlJled maturJtydamot'jolJr1aen? W 0 u u z o~~~C~b~;:~~~%~:,~e~~Jx~~l~::r~O~:::8~~~:n~~~~~~~~~t~%~~~~:~~II:'~=de;~~l'<Otkir"9 0 00 0 00 III .:lditiO!, k your 1O<J" ,"c.e~d<t '15,000,00 In. follO......lng. qu~'J1lon mUll also b. MSW.fl'd In ord,u W dete-nninl!! &Ilqibilily, 0 CV1 0 r.1 3 CI?I~'1~~~:fI~8~ ~c~~~~}%~fS)s;tA1o~ ~lg~A~)~ al'lack Of cotoMf)' lInMy d~ee!>a, strok"e, L!J L!J ~1I ~'be-;~":;dI1,U;y 8~~~~;,?t ~~:y~ ~~~r;, ~~~ ~~~n:.r:o~ ~~=f~lIi~~~~::~r:;~~~:~~~~OS1 \J~.ef'$t4nu <<".at thi~ pnon 13 f'.lt eijgible l~; If\5\Jlar)Ce am ~;;::;~t~~~:;.rtC~~al~~~~ ~~~~~. ~~:~~~Q~=~ lh~u~:,~~lym~~~~~~~::~~~~~~~~(;fe:~~%~~~~: ~=:~~~~Ef.l~~~:~~{:~~~~nee whK:h IIF a cd,", IiInd Jubj..<:f. $uch p."'on to cllmJn8/.nd cIvil pen"tiu. Do not.lgn thl.lilp.plk:.tio!llf 1II1'1y applle.bl. .pac...... ~.nk, Thl, appllcallon wnl nl)t ~ U$e-d In conte.! 1I.II.ppllCtlble bfllnk .peC<lI hl...e nol bIHln co1f\ptated, the debV;Jr t.Jl8 not aJgntld and dlil8d tN IPpllcetlcln IJ1d jf th. appllcllrlon h.. no( be"n wltnuted. CftEOIT INSURANCE APPUEO FOR: HO~: ONLY ONE APPLICANT MAY APPLY FOR OISABIUTY COV~RAGE, DYes 0 No DYe. [II No Indicae wtlch applicant(&) Single Credit life I T atal Premium Joint Credit Life (I o Applicant 0 Co-Appllclri $ 0.00 o Yes [II No Credit Dlsabllty Total Premium lrd"cate which appllcarn(s). 0 Appllcanl 0 Co-App11canl $ 0.00 DATE ~ BIRTH DATE ~ 61R1l-1 DATE ~ DArE S~CONOARY BENEFlCJARY (CO.AP~CANT) MHC-9&-4J8,8.37 A MHG-97-6200.31 LASER.WORD F. <4J7e9 ~...... j,(l1 0....01.....f") COPYF/:JGHT 1991 Mlnne6QRl Mutual CompankuI, 1m. flJj rights nrs.eMld. EXHIBIT A """-'''I\',-~ '" <.-- .-0>"7"""~''''''''''.'''.~~'--,r.. ._-=T'.,;....'....~>'T'''..,-..........--........'' _ _._. __. _~"""~___"""~""_,-"'-__L"'L"""""''-.':',=''Jl-'~'~'''''''~''',,",,''''''''''''_____'~ ~'~'._'~'T~' "' BORRCNVER'S NAME WILLIAM D TANNER LOAN NUMaffi 37710 "COOUNT NUMBER 20395305 a~\ot::.OF \..()I\.N OOI:1012003 ~A~~bSl's')lgUi~~1;:!)~fsITHE WORDS "CREDIT UNION" MEANS MEMBERS 1ST FEDERAl CREDfT UNION THE WORDS ''YOU,'' "YCUR" AND ''YOURS' MEAN THOSE SEiCUR1TY AGREEMENT LOAN AGREEMENT PBymen~'(Ftnanc. Char~~$: FOf value receIved, YOU promise to pal' at the Credit Union'. office, all amount. dU<!, All payments shall be mado' ~~~~~ t~~t~I~~~~:t~~ee~~g ro~~fo1 o~ t~~~~~~':nO~age I of. this document are based on the assumption thaT all installment payments 1'.111 be made on Ihe scheduled due dates, and. If you heve qualified for pretened ralel nr.rt you continue to &oIl&f1:e oond~I"". of that preferred ~t~iti\~~~~~f~~f~X r~ ~~~I~~~~~t. time It ls due, you \\111 pay ~~ft:t~~~lf r::~~~t~ ~~~ f~g~~~n~:e~r~~;~~~~;;~~ ~~: any fees or charges awing, incll..Kilng any insurance premiums; accrued \i\t~et.t or finance charges; outstanding principal. Paymenfs made in addition to regular1y scheduled payments shall be applied in the same order. Fhi:fa~ceu~~~e;r lfnY~~~~:~~~efg~~~r~;ld~~~ ~~~e~~e~~7;t7~~~e~&;ci of tt\a.t you must meet the conditIons disclosed to you In .order fO qua'l~ for the ~~~fre~~1e~~~ ia1~. 7}Uy~yC?a~I~;,~~t~~~~~hg~~d~ti~~~lly~~~~t~d~\\ 0 keep Increase, \herebfs extending the terms of your (oan You promise to continue ~~kin'Jl=e;~er;edth~~:f~~~~dbi~~:~ions under this ~reernent even Ir ~~~o 9~~j~;J~~~ ~~~e 1a ~r}~I~do~~oAtOU agr?te \0 ?1iY a late cnarge Property Insurance; If you oblaln a loan secured bya motor vehIcle Of ~~~~~ t?r~?r;b~~g~~Fai1ti:.'':~~~ti~~~scu~~ce ~~~crJr~r'~~~~e credit insurance must be acceptable to the credit unio~uch a poliCY must provide at least fire, theft, combined addItional coverages and collisIon Insurance. It must contain a Lass Payable clause endorsement naming the ~~~)~~~lg~ :~did~~(~~' a~Oe~~6Y5~~~~~~h~~d~jr~~i~;;eaf6:ya2(th2ent of POlICY, Debtor R.~s:pons'lbH\~i': You prom'/sa to nomy credit union of any change in your name address or employment. Y~u premise f){)t,to apply for a )o~m jf you know l~ere is a reasonable f.robablllt~fhat you Will be unable to repay rg~~f~~~;~~jt ~cn1g~~?ga~~ t~w ~~~~~t\o~ ~~\le~~~oro :oOu~ ~~~rr~St~ r~f~Jn~~;n og)'~H~71y ~~~J':~~~~r~fgns~~~r~:~~ri~~eC~~~~hlnes&, credit 8tandln~, or credit capacity. Defau\t: You &\"1&\\ be considered "In default 11 any of the follO\Nlng Dccur: 1) If you break any promise made under 1h(s Loan Agreement or underthe security ,Agreement, or (2) if you do not use the money the credit union ~110~~h~~I~~rl~e t;dr~f~, ~~\:e~1~~t~;cfsj,'~~f~~n;a~i~ therf6i~~~ce or realtlation 01 I~e collaleral,lf any. Is ImpaIred; or (4) if ~ou~: or (5) If you file a petition In bankruptcy, Insolvency or receivershIp. or are put lrwolunlarily into such proceedj~$; or (~lithe collateral, If any, gJVen as se~j~~ ~~~~he~~rou~~~rs~:J; o~m~T ~ ~~S~~Y~y g~ i~~~s ~~~7 your ~r or future debts ~o 1he credit union, lr yov del.vll, the credit unl"" may, at the credit union's ~tion and Vvithout prior notice, ~eclare this loan ~\6~~a:~~t 1i~ea{h~ ~~~t~l~p:rr bYal~r1~~\s~~~u~l:\~ ~fX~~~~eCCh:~~te to data, any late charges and costs of co(Jection permitted under law-, ~6~~r~~~~~b~~~~~~t~ f~re~t~~;t;r~~~~g~fXdru~~: ~& t~re ~;~~~~,r~:~~ty~1~~~;Q[n~~~:~o~~~r~~~~t:~t6r~ey'9 fee8 for any acllon laken by an attorney in orde( to colloct ~h19 loan or preserve or g~~:~~ t~~;~~ ~~O~~;~\~ ~~~~we~rat\~6~i;itti::~rt {(milalkm, ~~f~li~f\~~' i~b~t~~~ ~~~:e~~y~ta~~~~~~ un~o~~f~9J\;~, 'Nithout limitatIon, f!)i~ proofS of claim, pursuing reaffirm~k>n ~reell1ent5, ~j;c~!~~:t~I~~t~ \Ar~~~:y t6~~~~~f u;i~~a~~\iat~~t\r~~lga~~o pa?lment), collateral dj~6Iti~n,. non-bankruptcy. suits and/or administrative ~el~~~r~~ :'JraIS, he pflncrpal balance in default.hall bear Interest al Statutory Ul!n: If you are in default, federal law gIves the credit union the right to ilPf!); the balance of shares and/or divIdends i~our account~ et ~~id~~a~ e:~df~~~~t~g'hl~tt~~'f~,r~:r~o~ig~at~nYO~~~lUlt, me cr It e~~ ri~~~~~:..n;~~t~~~~~~Rh~f I~:~~ fu~~\~ any or the cr~dlt ~~~~~{e::~~'~~g~~Cr~jt"~~=Yn~1~P~I~A~gr~~t~~ grr~:l credIt union rightS under thie, aQfeernent. Co-makers: If you are s.lgnlng thi~ a9t~\"l"\'ef1\ as a co--ma'Ker, you agree to b~ equaJ/b responsIble WIth the borrower, but the credit unl~n may sue i:i~~~~rth~f~'t~~e~~d~~~~e~~~r~ ~7 ~~~~1fr,~01'iJ~ 6~ls pay'ment a1d rerea~e any security without notifyIng or releasing you from responslbn,1yon thl. agreement, ~~1~:~";~.P\~~~~~ ~trt:r::~d~~:,g.~ a~~~~~~~r"~i:~~~~~~~~~. def;lun, the credit union may appty thu~ $hatll5 and dlilpostts to Ih. paYOllUlt of ,II sums due at the time of de-rlllJlt. 1"c1udlng costs 0' c.ollecUon and UlasOT\.\)\~ a1\QOHl'1-s 'len, that th~ c.r.dlt union m;!IY Incur. up to 20% of th_ unpaId principal and Inte,..st. No livn or Ii~ht to Impness a Il~n on ,hares aod deposits shall aPPly to- any of your sharn Which may. be held In.n .'ndMdual 'P.lltife~rrt A.ccounr or "K.ogh Plan.- TO SKure p;lyrM.nt of ,",Is \oan Bnd a1\ expqndltures Incurred by the credit ~~grt~t~~n~~O~n%it~ .tt1~:cl~~ ~t~~~oJ~Z~i o~op:~~t'[cl~~~~~nYOU page 1 of this documel#- The secuctty lnt8rest InC~d6S aft \ncr~ses, ~~u~~~o~~ M'.d5~~~~n~~p~hrtrS:ri~~ir fa~~:::t'J~fv~~1r~r~rrh:ny Secured property. ~(h:rsiri:~UI~~~~i:ohnd::VWttWre ~lt~8d;t ~1I~~~nrif~~~~Oll~f:~~ ~~ any :~~~lri~r aO~~~~&~'~IU~~~cOu~e.rh~l:~ ~U~~j; ~~w:~ I!roperty Sprrowet"s prin1fflOlli ~sidf!;nce.~n\0SS the proper ~$cJSsron notlces;r& ~~~ya~~ua~lh~'/~~~%~~ reqUl rnents are ntJs:ne ), or are nQn..purc a~e ~~Uc~~tflr~Q~I~eJ~t~~o~~~11 or transfer the cdlateraJ unl~s you have ~~6e-;~r-Q~~ 19~~~~~l~ ~~~x~~~l;;~~~l~:.~\i>ofau~ni.n~:etl~ maker owner or the cdlatarai wr'O has .lQned the aoreernen. In the Indicated place You will p3y all taxes, assessments. end hem. aQ81nst or anacned To tile prcper1y desc(lbed and fu1he( agree 10 keep the p-operlY In QOOd COrl(:litto.1, housed In 6 ~~~t~~~~~~~~ie: i~~v~~eJ~ng,.~I~~t:f~l~fln&le~th~ rx~ 6g3lllSt advel5e thIrd party clalnls 6~e~fj~~i~~~nal~~~ruar~~~~~~~l ~~f~~~ ~~{ri~~na~i~~!~ ~~uuc~ fn~~t:f~~~?t(1~11 ;~~t ~~t9Yguadnllu~~grZrm~~e1~Llgt~'lJ~\lh prcd ~f~~~~~ldJ1alg~~~OijJr~o~~~t~~ ~nh ~~u~g~eC~~ttors?;;h13\frn~ sUms owed. ThiS' cost W111 bear Inlerest at the contract rate untIl MId You funnel assWn to the credit unfon the fIght to receive lhe proceeds of ?lny Insurance on ~~on~~~l~z~lt~~ C~~jTj~rci; ~g ~~~~~~~Oks O~I~V ~oo~~~ as t~ r~r~o~ such lr'Surance, aM aWl'{ thosa procea:J$ to the sums CM'ed to You fur!her authOrize the CrOOI1 lJ'licn ,to prO/~de your Insura(ICe Sen!iee Center wl(h ll"\~ neces'D3ry 1n{Ci"n-.allon for Vef(Ilcatlon ()! adequate covsraoe ~~I~~;n~~~gte~f~I~~un~i~d~Yt:~'f;~\~~~~1:1~gegcir~~~'ft~ credl unlor\ Sho.uld the creodit union !~\ at an; tirnethat. \lle ser,;l,JTlty preser)t~ has dlrl1Jnis/)ed In value. or for Bny reason feellhat addltlonar secun~ IS 1e:].lJlred" ycu ~~~l~~lgg }~~~ei~l~~~sns~~g f;~t~~~~~;j~~~~~ ~ga:g~f~~f~~ty 10" l~ a delautl a! defIned in the L~n Agreement shOUld OC8ur, the credit ~nion has ~~{A~'u~~~~crhf~~~~'a,~n~~(St~\~it&~~iO~S ct~~~:J awful ~~ieJtf!lves may at the cred,t ~~~J"'e union nas. able and maydis . is kept 11 lhe credit Unt . '. ale or O~~O~?he Inlen dis C r 't6]~~~rl~~ gs the k{;( ~ fne clool1 union sells or or collateral fhe creQl~ion may Called fQ(m you reasona e expenses 1rt::U"re:j n the retaking. holdlrlO and meP1r'lng the cdlateraJ for a. n<f arra~'ng 1l1e sa,le d the c:d.latela\ The credl~ IY also OO\lect reascnal;ie a 9Tr'ieY6 fees and legal expenses, permitted able low, In:urred In connec Jon with dIsposition of the R<'oped'f Un\€:ss 1~~~,f,~~r~~~r~~\e~~gr~~~~;e~Hl ~~~g~~ e collateral. YOl,l understan:::l that the credit union has certBln rights ard ~al ren"\e:;:Hes ~a!lab\e to the credll union under the Uniform Comrieft:laJ g~~for~~ ~~~~~~~ede~tlta~ r1{:aarl ~~~n1r~~ ~~~ lhJ ~~~l~i~n!~7n~ ~~~s~ ~s~~~gr \~~,~~n~g~~a~e~?rrQ(j'm g~~l~~lgntg~fdg~e~t waIVe Itls def8Utt. It ......~l nol con",~!tute walVer of eny other subsequent dofaults ~~~ ~h~~ ~~r~.i?~~ 1~1~~~ ~~X~~ntt?geJ~i~~~,~fe~Jf~r\~~ security interest which th~9 agreement cr~\es :~~~~Ss~~!.h:c~~ei~(~~ll}~~i~~; K:lf9{Tt~ile~~cf~~ are ogreerrent 10 ThiS iecurity a~reement 1101 only bindS yOU. but yn.JI execulcn, oorrJnistrators, he-.r5, and as-sIOl\6. 1, 2, 8, 9. 6100 11il9 IIO"'[IC" "'[0 CO-S1QNER You are being asked to guarantee this: debt. think carefully befcn~ you do. If the bOfro~r doesn't pay the debt you will have to. Be s,ure YOll can oilrrord to pay if yOtJ have to, 8nd \hat you want to aCcept this responsIbility. .' You may have to pay up to the ft.il amount of the debt jf the borrower does not pay, You may ;:uso have to pay late fees or collection costs, vAllch irlcrease this amolft)t ~ credi\Of can c~lect this. debt from you withOut first ,trying to col\ect fmm the bQrl'"ower. The cre<:iitor can use the same co.llectlon methods against you that can be used against the borrOVv'er, such as suing you, rJarnishlng,your wages, etc. If this debt Is ever In de(ault, tllat fact may become a part af your credit record. ThJs notIce is not the contnJct that. maKes you lfab\e for the debt. F. 43769 1/02 N"PRO~,Inc:,224-1078 Page 2 of 2 ,,,,-, -..--' l ,....'.....~o -]'" "~' ",,,,...,~,,,~_."'...n~, .=,.,~.~-".~.,,~=~..-~.-~, _~.r', , - '''''"f'"...... _..,...,r A.LL that parcel ot :..nd s1t"IJ&t.e in Nort.h Middleton Townsh1p, Cu~er15nd County, Pennsylv.~1&, bounded and d~&crlbed ~Q fC'11owa; B&Oll'lN'!NG a~ an txJ.at in'J 1tiOTl pin located lit the nonh...t cornoet' ~t other land. of the Or.nte., thenco along other land. ot the O~.ntee ~Qrth 6~6 31' 19- W..e ~ diet.nce ot 4~,Q6 teet to a point I thence &1009 ~t No. S ot ~her9 hereinafter. named 8ubdlv18ion Plan No~th 210 46' 40" Ba8t _ digtanc. ot ~O.06 t_et to &n iron pint th.n~e 810ns other :.nd. or tho Qr&ntor Sa~tn 690 38' 39h R.et a di.tanoe ot 45.9. feet to $n iron pjnl thence along Lot No. 7 or the hero1nAt'ter na!'MId Subdivitlton Plan Sl;mlh 209 ]J' 10" West 42,'~ teet t.o an exi8t1.ng iron pitt, t.he point .nd plac. at Q~INNING, BEroo Lot No. G on the Pl'".U.l'o\it)4ryl?.Ln~l Sul:xHvlfHon PliOn foll.'" eagle. Cl"C.8i~ Golf Coure. r.~Qrded 11'\ the Office a! the Record.r ot Peed. )t'\ and tQr ~r14nd County. ~.nnl1Jl1vania in plan Book 81. Page 149, and cont.thing 1,918 ~quare f.et. Being a part of the premises which Snyders, LLP by its deed dated 12/6/00 and recorded in Cumberland County Deed Book 236, page 800, granted and conveyed unto William D. Tanner and Sherri S. Tanner, husband and wife. EXHIBIT B . -.- - .---- -.._............-.~-.........,,~...."'...... .-......--...-......~~---,.:...-.......-_.-........---.-.........~......---._... Alter Kecoramg Ketum J 0: f\t1" MEMBERS 1" I'l.OElALo.POf1'lW-IlON = LOUISE DRIVE, P.O, BOX ~ MECHANICSBURG, PA 17C65 MORTGAGE Made 05/30/2003 Between WILLIAM D TANNER (hereinaf\er called "Mortgagor") And MEMBERS 1ST 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 tbe order of Mortgagee in the principal sum of $ 4R 000 00 , lawful money of !he 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 mattner and at the times therein set forth, and containing certain other terms and conditions, all of which are spe\;ificaUy 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 Mottgagee, AU that certain property of the Mortgagor located in 1'OWNSHlJ' Cumberland DEED DATED APRIL 25,2003 BOOK #256 PAGE #3629 CUMBERLAND COUNTY NORTH MIDDLEtON TOWNSHIP NORTH MIDDLETON Count)', Pennsylvania. [City) 571 CONODOGUlNET AVENUE [Street] , Penns}'lv.Di~ 17013 [Zip Code) which currently has the address of CARLISLE Together with the buildings and improvements erected thereon, the appurtenances thereunto belonging and the reversions, remainders, rents, issues and profits thereof. To Hare lInd To Hold the same unto MGrtgagce, its succes.~ors and assigns, forever. ProvIded, However, That if Mortgagor shall pay to Mortgagee the aforesaid debt or principal SUIlI, including additional loans or advances and all other smus payable by Mortgagor to Mortgagee hereunder and under the terms of the Note, tQ&ether with inleresllherwl\, and shall keep and perform weh of the other covenants, conditions and agreements hereinafter set forth, then this Mortgage and the estate hereby granted and conveyed shall become void. Ace! No 203953-05 AppID 37710 EXHIBIT C '1 ,,-~,,- , ~--.. ,'.,~ '....... ..,',"",- ~~~.='.~- 1'.' "'" '"." ..-,~............ ,~',. .-.., ,.,..,.,- ',"'-'" " - ~_~_ .__. ,'~'~'.~'... L-O."~...,........,....~~..____,,.,.~,=,........~__~,..__-=-~~_..,.o...,.,,,,,,,~~,,,-,_,,.,~,,,,,~_ ~M_'- _. r 0 This Mortgllg~ is executed and delivered subject to the following covenants, condllions and agreements'. (l) 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 hereat1er 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 (0 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 dcbt secured hereby, (b) pay all ground rents reserved from the mortgaged premises and pay and discharge nil mechanics' liens which may be filed against said premises and whicb shall or might have priority in lien or payment 10 the debt secured hereby, (c) pay and discharge any documentary stamp or other tax, inc1udmg interest and penalties thereon, ifany, now or hcrealler becoming payable on the Note evidencing the debt secured hereby. (d) provide, renew and keep alive by paying the necessary premiums and charges thereon sllch policies of hazard and liability insurance as Mortgagee may from time to t,mc require upon the buildings and improvements now or hcreatkr erected upon the mortgaged premIses, with loss payable clallses io favor of Mortgagor and Mortgagee as their respective interests may appear, and (e) promplly submit to Mortgagee evidence ofthe 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 ill installments to Mortgagee. (3) Mortgagor shall maintain all buildings and improvements subject to tlus 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 pm pose of inspecting the order, condition and repair of the buildings and improvements erected thereon, (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 pennit to accrue, upon all or any part ortlle mortgaged premises, any debt, lien or c\large which would be prior 10, 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 nIl 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 b.x:om.e immediately due and payable, and forcclosllre proceedings may be brought forthwith on this Mortgage and prosecuted to judgment, execution and sale for the collection of the same, together 9,;th costs of suit and an attorney's commission for wllection of five perceat (5%) of the total indebtedness or $200, whichever is the larger amount. Mortgagor hereby forever waives and releases all errors in Sa id proceedings, waives stay of execution, the right of inquisition and extension of time of payment, agrees to condeffiJ\ation of any party levied upon by virtue ofnny such execution, and waives all exemplrons 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 \Ind become void. Mer such occurrence, Mortgagee shall discharge and satist)' 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 nnd the charging of the fee is permitted under Applicable Law, The covenants, conditions and agreements contained ill this Mortgage shall bind, and the benefits ,hall inure to, the respective parties hereto and their respective heirs, executors, administrators, successors and assigns. and if this Mortgage is exeeuted by more than one party, the undertakings and liability of each shall be joint and several. Mot No 203953.05 ApplD 37710 'r-".---' ----.." ,.. ---. '~'~."""'I-' "I~'~~""'-~-'-"."-"""~~' .,',-.- .,,>, _. __,_ _ .'M.. ..... ....,.... ..~.... ~'-"-................,.~__---.....-..._,____::oWu'.,_,.....-'~.... ~4.._...-"'-_L-c-,_.........._._'-.., .~-..-_." Witness the due execution hereof the day and year first above millen. ~ oLf~~ WILLIAM D TANNER Commonwealth of Pennsylvania ss: County of CllMRF.RT .AND On this, the 30th day of MAY ,2003, before me, Tamnv J. . Misl yan . the undersigned officer, personaJly appeared W{ 11 ; ",in D Tan"",... satisfactorily proven to me to be the person(s) whose name(s) is/ore subscribed to the wIthin Mortgage, and acknowledged thot he/she executed the same for the purposes therein contained, In Witness Wh~reof, I hereunto set tOy hand and official seal. My commission expires: Certificate of Residence of Mnrtg:t2ce Members 1ST Federal Credit Union, Mortgagee within named, hereby certifies that its residence is 5000 Louise Drive, Mecharticsburg, PA 17055. BUr./-- Accl No 203953-05 AwID 37710 " . '''~~J "ll"'-'~w, . ._t~.-",..__...".,-:~_ ...~.'-""),:.~-';J~...._-..~..,..,.,~".......,_..,.,.,....'r ..,...,~'''"''''''~ _...._..,.--,.,_...'~'..... ,........... " January 4, 2005 CERTIFIED MAlL NO. 70033110000024704277 RETURN RECEIPT REQUESTED RE: William D. Tanner Mortgage Account # 203953 Loan # 05 Mortgage Premises: 571 Conodoguinet Ave., Carlisle, PA 17013-8972 NOTICE OF INTENTION TO FORECLOSE MORTGAGE The mortgage held by Members 1st Federal Credit Union, (hereinafter we, us or ours) on your property located at 571 Conodoguinet Ave., Carlisle, P A 17013-8972, is in serious default because you have not made the Monthly payments of$403.82 for November 1, $403.82 for December 1, 2004 and $403,82 for January L 2005. The total amount now required to cure this default, or in other words get caught up in your payments, as of the date of this letter is $1,211.46. You may cure this default within THIRTY (30) DAYS ofthe date of this letter, by paving to us the above amount of $1,211.46 plus any additional Monthly payments and late charges which may fall due during the period. Such payment must be made either by cash, cashier's check, certified check or money order, and made at Members 1st Federal Credit Union, 5000 Louise Drive, Mechanicsburg, P A 17055, Attention: Arlanda Dintaman. If you do not cure the default within THIRTY (30) DAYS, we intend to exercise our right to accelerate the mortgage payments. This means that whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to payoff the original mortgage in Monthly installments. If full payment of the amount of default is not made within THIRTY (30) DAYS, we also intend to instruct our attorneys to start a lawsuit to foreclose your mortgaged property. If the mortgage is foreclosed, your mortgaged property will be sold by the sheriff to pay off the mortgage debt. Ifwe refer your case to our attorneys, but you cure the default before they begin legal proceedings against you, you will still have to pay the reasonable attorney's fees, even if they are over $50.00. Any attorney's fees will be added to whatever you owe us, which may also include our reasonable costs. If you cure the default within the thirty day period, you will not be required to pay attorney's fees. We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If you have not cured the default within the thirty day period and foreclosure proceedings have begun, you have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's foreclosure sale. You may do so by paving the total amount of the unpaid Monthly payments plus any late or other charges then due, as well as the reasonable attorney's fees and costs connected with the foreclosure sale (and perform any other requirements under the mortgage). It is estimated that the earliest date that such a Sheriff's sale could be held would be approximately NINETY (90) DAYS from the date ofthis letter. A notice ofthe date of the Sheriff's EXHIBIT D sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payments will be by calling us at the following number (717) 795-6031. This payment must be in cash, cashier's check, certified check or money order and made payable to us at the address stated above. You should realize that a Sheriffs sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriffs sale, a lawsuit could be started to evict you. You have additional rights to help protect your interest in the property. YOU HA VE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT, OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. (YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE DEBT, PROVIDED THAT ALL THE OUTSTANDING PAYMENTS, CHARGES AND ATTORNEY'S FEES AND COST ARE PAID PRIOR TO OR AT THE SALE, AND THAT THE OTHER REQUIREMENTS UNDER THE MORTGAGE ARE SATISFIED). CONTACT US TO DETERMINE UNDER WHAT CIRCUMSTANCE THIS RIGHT MIGHT EXIST. YOUHA VE THE RIGHT TO HA VB THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. tlJ~~-~ If you cure the default, the mortgage will be restored to the same position as if no default had occurred. However, you are not entitled to this right to cure your default more than three times in any calendar year. Sincerely, Arlanda Dintaman Collections Officer Th1PORTANT NOTICE TO HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 PLEASE READ THIS NOTICE. YOU MAY BE ELIGIBLE FOR FINANCIAL ASSIST ANCE TOWARD YOUR MORTGAGE PAYMENTS January 4, 2005 TO: FROM: RE: William D. Tanner Members 1 st Federal Credit Union, 5000 Louise Drive, Mechanicsburg, P A 17055 Account # 203953 Loan # 05 Your mortgage is in serious default because you have failed to pay promptly installments of principal and interest, as required, for a period of at least sixty (60) days. The total amount of the delinquency is $1,211.46. That sum includes the following: $403.82 due for November 1, $403.82 due for December 1, 2004, and $403.82 due for January 1,2005. EXHIBIT E You may be eligible for financial assistance that will prevent foreclosure on your mortgage if you comply with the provisions of the Homeowners' Emergency Mortgage Assistance Act of 1983 (the "Act"). You may be eligible for emergency temporary assistance if your default has been caused by circumstances beyond your control, and if you meet the eligibility requirements of the Act as determined by the Pennsylvania Housing Finance Agency. Please read all of the Notice. It contains an explanation of your rights. Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to- face" meeting with a representative of this lender, or with a designated consumer credit counseling agency. The purpose of this meeting is to attempt to work out a repayment plan, or to otherwise settle your delinquency. This meeting must occur in the next thirty (30) days. If you attend a face-to-face meeting with this lender, or with a consumer credit counseling agency identified in this notice, no further proceeding in mortgage foreclosure may take place for thirty (30) days after the date of this meeting. The name, address, and telephone number of our representative is: Arlanda Dintaman, Members 1st Federal Credit Union 5000 Louise Drive Mechanicsburg, P A 17055 (717) 795-6031 The name and address of a designated consumer credit counseling agency is: CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 (888) 511-2227 .. It is only necessary to schedule one face-to-face meeting. You should advise this lender immediately of your intentions. If you have tried and are unable to resolve this problem at or after your face-to-face meeting, you have the right to apply for financial assistance from the Homeowners' Emergency Mortgage Assistance Fund. In order to do this, you must fill out, sign and file a completed Homeowners' Emergency Assistance Application with the consumer credit counseling agency listed above. An application for assistance may only be obtained from a consumer credit counseling agency. The consumer credit counseling agency will assist you in filling out your application and will submit your completed application to the Pennsylvania Housing Finance Agency. Your application must be filed or postmarked, within thirty (30) days of your face-to-face meeting. "It is extremely important that you file your application promptly. Uyou do not do so, or if you do not follow the other time periods set forth in this letter, foreclosure may proceed against your home immediately and you will forfeit your eligibility for assistance". Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. "It is extremely important that your application is accurate and complete in every respect". The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it received your application. During that additional time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by that Agency of its decision on your application. The Pennsylvania Housing Finance Agency is located at 211 North Front Street, P. O. Box 15530, Harrisburg, PA 17105-8029. Telephone No. (717) 780-3940 or 1-800-342-2397 (toll free number). Enclosed also is another notice from this lender under Act 6 of 1974. That notice is called a "Notice of Intention to Foreclose Mortgage". You must read both notices, since they both explain rights that you now have under Pennsylvania law. However, if you choose to exercise your rights described in this notice, we cannot foreclose upon you during that time, Also, if you receive financial assistance from the Pennsylvania Housing Finance Agency, your home cannot be foreclosed upon while you are receiving that assistance. Sincerely, I '1\ '.-1 flY c-A ~ ,e...- Arlanda Dintaman Collections Officer 2 f'- f'- n.J .:r U.S. Postal ServiceTM CERTIFIED MAILTM RECEIPT (i '. Provided) . CJ f'- .:r n.J Arlanda Dintaman WWW.usps.come Postage $ CJ CJ CJ Rerum Rec'ept Fee CJ (Endorsement Required) CJ Restricted Delivery Fee r-"l (Endorsement ReqUIred) M fTJ Total Postage & Fees Certified Fae $ ~~( ~ 81 William D Tanner .~r 571 Conodoguinet Ave CI Carlisle, P A 17013-8972 :::~:~:~~~..~"j i lfftqllTr.iHllI~-W f'" '-"'.,;".. SENDER: COMPLETE ignature PLETE THIS SECTION ON DELIVERY '.Complete items 1, 2, E Arlanda Dintaman item 4 if Restricted De. '" . ,Print your name an~ address on the reverse so that we canretum the card to you. l!,~.Attach this card to the back of the mailpiece, . '.or on the front if space permits. 1. Article Addressed to: A. -~ .B. Received by (!Ji!!-ted Name) , I Got..... i D. Is delivery address different from Item 1? D ~ If YES. enter delivety address below: --r:r No William D Tanner 571 Conodoguinet Ave Carlisle, PA 17013-8972 o Express Mail o Retum Receipt for Merchandise DC.a.D. 4. Restricted Delivery? (Extra Fee) 0 Yes ';1;ArtI~le Number .; "'1,':rrranSfer. frqfrl.~ I~, . I . 'IPS Form 38~ t. August2001 l~f 1-1 'i . t ~'l~! 1 l t t; ; ;; > 1:; 4277 ; ~ ;; ,; i6#Js\!c RetUrn Rbcelpt' ' !, r'lt~ t. : :'ii \'0 ;,i l' ',; ;" , .. EXHIBIT F 102595-02-M-1540 - ~ VEarnCA TION I. Lynn Unger. COllectio., OfIICer fur lIt_.. I" F<<kral Credit Uni.... bei"B authorized to do so on behalf oC M"uJbc,. I' Fed_tal Credit Vnion.l>ereby verifY that the statements made in lb_ foregoJ"B pleadinJ!: are true and CO"oct to the best of my Info_tioD knoWledge - belief. I""derstand that false ,ta"Olents .... tnade .l/l;eet to the l'ell4lu.. of 1 B Pa C.SA Section 4904, relating to unslvorn ftl/siti_on to authori ties. Members 1 $t Federal Credit Union --J Officer r-", >-, ":)-'"\ , - ::.~.\ ...;,' ~ IJl. ~ ~ -f!? . ~ V"\ ~~O_J ~ \) C(- ~ ~ -r- '-.L '. - , , ~ '>j ....., SHERIFF'S RETURN - REGULAR CASE NO: 2005-01746 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MEMBERS 1ST FEDERAL CREDIT VS TANNER WILLIAM D ET AL CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon TANNER WILLIAM D the DEFENDANT at 1130:00 HOURS, on the 28th day of April , 2005 at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 by handing to WILLIAM D TANNER a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 3.70 .37 10.00 .00 32.07 r~9~~~/~ , R. Thomas Kline Sworn and Subscribed to before 04/29/2005 KARL LEDEBOHM ~ ~. By:.... ~ . ~y,.sh lff me this .3, ,L- day of '~/ J.cv{ A.D. L~u- () fvWL # I rothonotary SHERIFF'S RETURN - REGULAR CASE NO: 2005-01746 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MEMBERS 1ST FEDERAL CREDIT VS TANNER WILLIAM D ET AL CPL. MICHAEL BARRICK Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, , says, the within COMPLAINT - MORT FORE was served upon TANNER SHERR I S the DEFENDANT , at 1130:00 HOURS, on the 28th day of April 2005 at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 by handing to SHERRI S TANNER a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Additional Comments DEFENDANT'S CURRENT ADDRESS IS 241 PLAZA DRIVE BOILING SPRINGS, PA 17007. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 4.44 .00 10.00 .00 20.44 7' R. Thomas ...." ,.,.f-~ -"-",c,,. -1 ,A;:"<~ Kline me this }A../J.... day of 04/29/2005 KARL LEDEB~ _______ v/,-------, By : Y' /' ' % -/ Deputy Sheri f Sworn and Subscribed to before ~.. ;l.{,o{ A.D. C ~'" {J ~~. Prothonotary , MEMBERS I ST FEDERAL CREDIT UNION IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF Vs. NO.: 05- I 746 Civil Term WILLIAM D. TANNER and SHERR! S TANNER DEFENDANTS CIVIL ACTION - LAW MORTGAGE FORECLOSURE PRAECIPE TO THE PROTHONOT AR Y Please enter judgment in the above captioned proceeding in favor of Members I" Federal Credit Union, Plaintiff, and against the Defendant, William D. Tanner, in the amount of FIFTY THOUSAND ONE HUNDRED SIXTY-EIGHT AND 191100 ($50,168 19) plus interest at the rate of$5.99 per day, through the date of payment, including on and after the date of entry of the judgment on this complaint, additional attorney's fees and costs of suit and against Defendants, William D. Tann~r and Sberri S. Tanner for foreclosure and sale of the mortgaged property. Judgment is entered pursuant to Pa. R.C.P. 303 I for failure to file an Answer on behalf of Defendants, William D. Tanner and Sherri S Tanner, to Plaintiff s Complaint within twenty (20) days of service thereof and after a I O-day Notice was sent. Date: June 2, 2005 I M. e ebo m, Esquire upreme Court ill #59012 PO Box 173 New Cumberland, PAl 7070-0 I 73 (7 17)938-6929 Attorney for Plaintiff I hereby certify that notices of intent to take default judgment were forwarded to William D. Tanner and Sherri S. Tanner by United States Mail, First Class, postage prepaid on May 2,2005. The aforesaid notices were each contained within an envelope bearing the return address of the undersigned The notices have not been returned to the undersigned as undeliverable or otherwise. A copy of the notices and Postal Forms 3817 are attached hereto and marked Exhibit "A". f2? ' MEMBERS 1 ST FEDERAL CREDIT UNION IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL V ANlA PLAINTIFF Vs NO.. 05-1746 Civil Term WILLIAM D. TANNER and SHERRI S TANNER DEFENDANTS . CIVIL ACTION - LAW . MORTGAGE FORECLOSURE IMPORTANT NOTICE TO William D. Tanner S herri S Tanner 57] Conodoguinet Ave. Carlisle, P A 17013 William D Tanner Sherri S Tanner 24] Plaza Drive Boiling Springs, P A 17007 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, I AM REQUIRED TO INFORM YOU THAT THIS LETTER AND ANY SUBSEQUENT CORRESPONDENCE OR COMMUNICATION IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN TillS CASE UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF TillS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE PROPERTY OR OTHER IMPORT ANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP Date r;-. '2 cl CiS Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 170] 3 (717) 249-3] 66 or (800)990-9108 ResP(e:~yb " edn ) i) /,,'+-<Iv~ '~ ..,.! j;,,.~__,__, arl M. Ledebohm, Esq. Supreme Court ID #59012 PO Box 173 New Cumberland, P A 17070-0] 73 (7] 7) 938-6929 C r..A/bl'f :4" ---------._~ ~ ------~ -- '--- ------ -----.-.---.. ~! co ;g ;gf 'Z"?i .iIl J' co :;;", 0, .iIl (l>0'" om "U a :;;", ~. .::!. moo l? 1:: ~"?i On) ;g (g!<< n)" I)O:I~ 'if ~O[ ~'" en "0 - ~[JJ ~ CO. ~Z ~ ~" if . $;>(1:'-< en ~ I)O:I~ 2(] ~ ~ c m ~ en . <:r_(l> f8 ;U co. ~;o m '< <'> "0.. <: " i:I "" I:'-< ~8 ;U . '" ::t ~,) Cb nffl i'i '< a--(l> ~m s ? '" a- ~~ m '" (l> "0.. () :::s g 0 ~ w ~ ~'" m on 2 "OJ "0.. i:I "''' '" a- DO ~z :::s g. ",. " " f? <,Z :J>. m "'z "0.. i:I .? '" triM <1 " " "z - ,0 ;0;0 ~ i~ ~ 25 . ~ :J>. m , ~ :::! - '" ~ " (5 a " ,0 " :::! 0 1 0 0 :l1 , ~ f; 0 ; iT! 2i ~ - :;J j= , f iT! ~ 0 j= 8 - ~ 0 'Ji ~ " ... '-J ~ Z 0 i= z ~ ~ 0 i= ~ ~ C'J 08; co ~~ .C" ~"?i Iii:;;g (b 0 ~ "110 CIl < - :!. ~{!J ~ I) to:: z" ~ c:: O. !!!::o X? $ ;..: I:'-< ~o;u 0"' -- (tl f5~ ~ C] '-l c.. 1Tl", m ::!.. W (b -b::t ~ 0" dc) Pi g. ~~ " ]3 t;~ "'0" rrtni 0 :J>. m ;0;0 ~ '- {,f.l S -....J ~ :j;oj o E B " ~ - f' f iT! o j= 0 ....... tJ 11' :J B;t ::J , n'u,. z ~ YCl.;~t j ~ i VJ~=~ '~, /~'8Vl(\ . i'>A PoSTAGE NEil cl1M8lRLAND. PA J78.70 MAY 2.'05 AMOfJI'iT $0.90 000S~129_03 o ~ 0000 "U '" -" ] .., .. - .'" ~ . ~ ii -< N o S! . --- *8- & ~ s - "jJ g o (J1W"El).rr4.r~s "osr~t SQviCi" 0000 --------- o ~..JJ"Ar#s ""OS"4t~ 0000 $090 000S~!29-03 ~. ~..~,...._~... ~ "U '" J' a 1ii - ~... ~ . ~ c . -< " ? I ~! c ;p 2~ .Cn g~ J 6ft? (i) ::00 ~ z"T1 r- ~~ 0 ~8 !B ~ffl 8 ~%d rn DO ",,. 19 "'2 ~fi1 0 ::0;0 !!! " - 5 ::J i~ ~ nt F o ~ & - ". ;; ~ i= ~ ~ ~." ?i '" 0'" ~ 0. 1)0:1:: co. $;>(1:'-< <:r_", !:?:::JCl.. - '" '" a- :::. 0 0.. c- - $ '1:1 _ :J>. m '" ,0 o - 25 ': o , o - " W~IJ' " ~ . , ...... 'j" -~ ':'~ '\ .",'il' \_) ~\ j. ' 17) , \ \ 11;1< ,) '. )1 Vi\' '" ' 't;.,":;--____,.. f) 9 GE NEil CUM8ERLANO,PA 17079 MAY 20. OS AMOUNT IJNIT~l).rriJrES "'OsriJt S81rl.lJa 0000 $0.90 000S~129_03 C id (.) ~ :-0 \i- \ 14.- 0 0 .-, ~o-; c:::t 0 \J r;:> CJ' -n f' "'- - .....'i::; <- ~:n \' ...() ~ d'lf" c= 2"" Z r ~ V1 r- .- I -nrn (;~, -0 / en :...f)~ ~;~: ;.~ ~'::) ) V 4 _. -l;c-:; " ""1- "'i C)::D E ~~(:) :3: -7 C) c: I)? 5rn ~ .-i .c- "1:" ~lJ f- J- 0" .-< PRAECIPE FOR WRIT OF EXECUTION - (MONEY JUDGMENTS) P.R.C.P. SECTION 101 TO SECTION 149 ETC. MEMBERS 1 ST FEDERAL CREDIT UNION Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. 05-1746 Civil Term (Mortgage Foreclosure) AmountDue $50,168.19 Interest from: 3/24/05 at the rate of : $5.99 per day to be added : Atty's Com. N/A COSTS TO BE ADDED WILLIAMD. TANNER SHERR! S TANNER Defendants TO THE PROTHONOTARY: ISSUE WRIT OF EXECUTION IN THE ABOVE MATTER, (l) Directed to the Sheriff of Cumberland County, Pennsylvania; (2) against William D. Tanner, 571 Conodoguinet Ave., Carlisle, PA 17013, and 241 Plaza Drive, Boiling Springs, PA 17007, Defendant; and (3) against Sherri S. Tanner, 241 Plaza Drive, Boiling Springs, PA 17007; and 571 Conodoguinet Ave, Carlisle, PA 17013, Defendant; and (4) and against N/A Garnishee (s); (5) and index this writ (a) against William D. Tanner, 571 Conodoguinet Ave, Carlisle, PA 17013, and 241 Plaza Drive, Boiling Springs, PAl 7007, Defendant; and (b) Sherri S Tanner, 241 Plaza Drive, Boiling Springs, PA 17007, and 571 Conodoguinet Ave, Carlisle, PA 17013, Defendant; and (c) against N/A Garnishee (s), and levy upon and seize the following real property of Defendants and index this writ against the following real property of Defendants as a lis pendens: All that certain tract of ground together with improvements erected thereon situate in North Middleton Township, Cumberland County, Pennsylvania, known and numbered as 571 Conodoguinet Avenue, Carlisle, PA 17013 and as more particularly set forth and described on Exhibit "A" attached hereto and made part hereof by reference. (a) Exemption has (not) been waived rcJ P r (.) ~ ~'l ~ - -- ..Q r-- r ~ V) --0 L ~ r p. + k\ l ~~ " :-- V) 0 C) C> s=-~ '6<l. ~ '- l(tP.Jw- ~ 'v"()lIi~~~ V'l "111" D "Ill ".c. 0 \) - C>C'O..c:4\) \ I I , ~:.J - 0 f- - = ~ = - ~~ -~ :if- ....., 0 (") g -n ~; ;11fi,C ~ ~rr; -:7,.,,' ~ -r1 9 z, I ;90 (.I) ,!< CP S ";'fi .<' :t: 1!.l r~': ~ J.;;~~ '~l~~ ; ~. ~ ~ !.I ALL that parcel ofland situate in North Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at an existing iron pin located at the northeast corner of other lands of the Grantee, thence along other lands of the Grantee North 66 degrees 3] minutes ]9 seconds West a distance of 46.86 feet to a point; thence along Lot No. 5 of there hereinafter named Subdivision Plan North 21 degrees 46 minutes 48 seconds East a distance of 40.08 feet to an iron pin; thence along other lands of the Grantor South 69 degrees 38 minutes 39 seconds East a distance of45.94 feet to an iron pin; thence along Lot NO.7 of the hereinafter named Subdivision Plan South 20 degrees 33 minutes ]0 seconds West 42.62 feet to an existing iron pin; the point and place of BEGINNING. BEING Lot NO.6 on the Preliminary/Final Subdivision Plan for Eagles Crossing Golf Course recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 8], Page 149, and containing 1,918 square feet, more or less BEING a part of the premises which Snyder, LLP by its deed dated ]2/6/00 and recorded in Cumberland County Deed Book 236, page 800 granted and conveyed unto William D. Tanner and Sherri S. Tanner, husband and wife. ALSO BEING part of the premises which William D. Tanner and Sherri S Tanner, husband and wife, by their deed dated April 25, 2003 and recorded in Cumberland County Deed Book 258, Page 3827 granted and conveyed unto William D. Tanner EXHIBIT A WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MEMBERS 1 sr FEDERAL CREDIT UNION, Plaintiff (s) From WILLIAM D. TANNER AND SHERR! S. TANNER NO 05-1746 Civil CIVIL ACTION - LAW (I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account ofthe defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $50,168.19 L.L. $.50 Interest FROM 3/24/05 AT THE RATE OF $5.99 PER DAY TO BE ADDED Any's Corom % Any Paid $134.51 Plaintiff Paid Date: JUNE 8, 2005 Due Prothy $1.00 Other Costs (Seal) CURTIS R. LONG ProthOZ p ~ <....Bv: "~I-' 'll/?-'"r....; Deputy REQUESTING PARTY: Name KARL M. LEDEBOHM, ESQUIRE Address: P.O.BOX 173 NEW CUMBERLAND, P A 17070-0173 Attorney for: PLAINTIFF Telephone: 717-938-6929 Supreme Court ID No. 59012 MEMBERS 1sT FEDERAL CREDIT UNION IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF Vs. NO.: 05-1746 Civil Term WILLIAM D. TANNER and SHERR! S TANNER DEFENDANTS CIVIL ACTION - LAW MORTGAGE FORECLOSURE 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 in North Middleton Township, Cumberland County, Pennsylvania, known and numbered as 571 Conodoguinet Avenue, Carlisle, PA 17013. 1. Name and address of owner(s) or reputed owner(s): William D. Tanner William D. Tanner 571 Conodoguinet Avenue 241 Plaza Drive Carlisle, P A 17013 Boiling Springs, P A 17007 2. Name and address of defendant(s) in the judgment: William D Tanner 571 Conodoguinet Avenue Carlisle, PA 17013 William D Tanner 241 Plaza Drive Boiling Springs, P A 17007 Sherri S Tanner 241 Plaza Drive Boiling Springs, P A 17007 Sherrj S Tanner 571 Conodoguinet Avenue Carlisle, P A 17013 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: 4. Name and address of the last recorded holder of every mortgage of record: Members 1st Federal Credit Union 5000 Louise Drive Mechanicsburg, P A 17055 Citifinancial Inc 1 Valley Street, Suite 103 Carlisle, P A 17013 5. Name and address of every other person who has any record lien on the property: 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: 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: Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, P A 17013 Domestic Relations Cumberland County Courthouse One Courthouse Square Carlisle, P A 17013 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 e.S. Section 4904 relating to unsworn falsification to authorities. Date b - '2-~ 0 S-- Y Wbm;Ulei2- rl M. L debohm, Esq. preme Court ID #: 59012 PO. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 Attorney for Plaintiff (") c ~ -ore r;'\n -? ..., ~:;~ r .<-... . S"! ~ J:~: .:'~ :<,Cj J>c: -, ~, =< ....> = = "'"' <- c:: :;z: ~ -I :L,-r1 n- -oF; -u9 ~1 t:'. :1::n 90 ,-;,..rn ~=? ~ :<; I co -0 -.u.. ~ .r;:- 0' MEMBERS 1 S1 FEDERAL CREDIT UNION IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL V ANlA PLAINTIFF Vs. NO: 05-1746 Civil Term WILLIAM D. TANNER and SHERR! S TANNER DEFENDANTS CIVIL ACTION - LAW MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OR REAL ESTATE To: William D. Tanner 571 Conodoguinet Avenue Carlisle, PA 17013 William D. Tanner 241 Plaza Drive Boiling Springs, P A 17007 Sherri S Tanner 241 Plaza Drive Boiling Springs, PA 17007 Sherri S. Tanner 571 Conodoguinet Avenue Carlisle, P A 17013 Your house (real estate) at 571 Conodoguinet Avenue, Carlisle, PA 17013, as more particularly set forth and described on Exhibit "A" attached hereto and made part hereof, is scheduled to be sold at Sheriff's Sale on September 7, 2005 at 10:00 am. in the Office of the Sheriff, Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013 to enforce the court judgment of $50, 168.19 obtained by the above named Plaintiff against you. NOTICE OF OWNER'S RIGHTS YOU MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The Sheriff Sale will be cancelled if you pay to the above named Plaintiff the amount of the judgment plus costs or the back payments, late charges, costs and reasonable attorney's fees due To find out how much you must pay, you may call Karl M. Ledebohm, Esquire, at (717)938-6929. 2 You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below to find out how to obtain an attorney. YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. I. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling the Sheriff at the County Courthouse. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale To find out if this has happened, you may call the Sheriff at the County Courthouse, which number is listed below. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff on (within thirty (30) days after the Sheriff Sale). This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed by the Sheriff. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 (717)249-3166 or (800)990-9108 The Sheriffs phone number is: (717)240-6390. rl M. edeoohm, Esquire Supreme Court ID #59012 P.O. Box 173 New Cumberland, P A 17070-0173 (717)938-6929 Attorney for Plaintiff ALL that parcel ofland situate in North Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at an existing iron pin located at the northeast corner of other lands of the Grantee, thence along other lands of the Grantee North 66 degrees 31 minutes 19 seconds West a distance of 46.86 feet to a point; thence along Lot No. 5 of there hereinafter named Subdivision Plan North 21 degrees 46 minutes 48 seconds East a distance of 40. 08 feet to an iron pin; thence along other lands of the Grantor South 69 degrees 38 minutes 39 seconds East a distance of 4594 feet to an iron pin; thence along Lot NO.7 of the hereinafter named Subdivision Plan South 20 degrees 33 minutes 10 seconds West 42.62 feet to an existing iron pin; the point and place of BEGINNING. BEING Lot NO.6 on the PreliminarylFinal Subdivision Plan for Eagles Crossing Golf Course recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 81, Page 149, and containing 1,918 square feet, more or less BEING a part of the premises which Snyder, LLP by its deed dated 12/6/00 and recorded in Cumberland County Deed Book 236, page 800 granted and conveyed unto William D. Tanner and Sherri S. Tanner, husband and wife. ALSO BEING part of the premises which William D. Tanner and Sherri S. Tanner, husband and wife, by their deed dated April 25, 2003 and recorded in Cumberland County Deed Book 258, Page 3827 granted and conveyed unto William D. Tanner. EXHIBlTA 0 ....> 0 = c -('::'::;) '1"1 < c.n '"t; ;~~. , :1 '.\!\ C (11~ "- ~ -om -:7 I ell -Db CD l~) I :~ -;- ~: -0 i~~ ::!: .'.' <, " Of" ..... c: r:~l -; .,,~:~ ". ~ -c- ':;:) 0') .< MEMBERS 1 ST FEDERAL CREDIT UNION IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF Vs. NO.: 05-1746 Civil Term WILLIAM D. TANNER and SHERRI S TANNER DEFENDANTS CIVIL ACTION - LAW MORTGAGE FORECLOSURE AFFIDAVIT OF SERVICE OF NOTICE TO LIEN HOLDERS PURSUANT TO Pa. R.C-P. 3129.2 (c) I, Karl M. Ledebohm, Esquire, being duly sworn according to law hereby swear and affirm that on the 24th day of June, 2005, I served the attached NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST pursuant to Pa. Rep 3129.2 (c) in the above captioned matter upon the following individuals by first class mail, postage prepaid, addressed as follows: To: Members I ~ Federal Credit Union 5000 Louise Drive Mechanicsburg, P A 17055 Domestic Relations Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, P A 17013 Citifinaneial Ine I Valley Street, Suite 103 Carlisle, PA 17013 Postal forms 3817 evidencing the mailing of said noti,;es are attached hereto as Exhibit A and made part hereof arl M Ledebohm, Esq. upreme Court ill #: 59012 P.O. Box 173 New Cumberland, P A 17070-0173 (717)938-6929 Sworn before me, a not~blic th~'-day of June, 2005. NOTARIAL SEAL llEBRA L SWIGERT, IIOTAlIfPU8LlC SOUTH MIDDlETON lWP., CUMBERlAND C0- llY COMMISSION EXPi~siiJNE 26 2006 MEMBERS I ST FEDERAL CREDIT UNION IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF Vs NO. 05-1746 Civil Term WILLIAM D. TANNER and SHERR! S. T A..NNER DEFENDANTS CIVIL ACTION - LAW MORTGAGE FORECLOSURE NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST PURSUANT TO Pa. R.C-P. 3129.2 To: Members 1" Federal Credit Union 5000 Louise Drive Mechanicsburg, P A 17055 Domestic Relations Cumberland County Courthouse One Courthouse Square Carlisle, P A 17013 Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, PA 17013 Citifinanciallnc 1 Valley Street, Suite 103 Carlisle, P A 17013 TAKE NOTICE that by virtue of the above Writ of EKe cut ion issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE South Hanover Street Carlisle, PA 17013 on September 7,2005 at 10:00 a.m., the following described real estate which William D. Tanner is the owner and reputed owner and on which you may hold a lien or have an interest which could be affected by the sale of: EKhih;f :4. 571 Conodoguinet Avenue Carlisle, P A 17013 (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "An) The said Writ of Execution has been issued on a judgment in the action of MEMBERS 1ST FEDERAL CREDIT UNION IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF Vs. NO.: 05-1746 Civil Term WILLIAMD. TANNER and SHERR! S TANNER DEFENDANTS : CIVIL ACTION - LAW : MORTGAGE FORECLOSURE at Ex No 05-1746 Civil in the amount of$50, 16819, plus interest and costs. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriff before distribution Schedule of Distribution will be filed in the Office of the Sheriff no later than thirty (30) days from the sale date. Exceptions to distributions or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. If you have any questions or comments with regard to the Sheriff s Sale or this Notice, you should contact your attorney as soon as possible. Date 6- ZL(-o~- Respe;yhlly submitted, I . .' ..(..... ~.. /ik'C' '. IL ...~./ ../ ;' ,.. \ /,' / - ~ Jv-- ;,~~ / Karl . Ledebohm, Esq. f Supreme Court ill #: 59012 P.O. Box 173 New Cumberland, P A 17070-0173 (717)938-6929 Attorney for Plaintiff ALL that parcel ofland situate in North Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at an existing iron pin located at the northeast comer of other lands of the Grantee, thence along other lands of the Grantee North 66 degrees 31 minutes 19 seconds West a distance of46.86 feet to a point; thence along Lot No. 5 of there hereinafter named Subdivision Plan North 21 degrees 46 minutes 48 seconds East a distance of 40.08 feet to an iron pin; thence along other lands of the Grantor South 69 degrees 38 minutes 39 seconds East a distance of 45.94 feet to an iron pin; thence along Lot NO.7 of the hereinafter named Subdivision Plan South 20 degrees 33 minutes 10 seconds West 42.62 feet to an existing iron pin; the point and place of BEGINNING. BEING Lot NO.6 on the PreliminarylFinal Subdivision Plan for Eagles Crossing Golf Course recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 81, Page 149, and containing 1,918 square feet, more or less. BEING a part of the premises which Snyder, LLP by its deed dated 12/6/00 and recorded in Cumberland County Deed Book 236, page 800 granted and conveyed unto William D. Tanner and Sherri S. Tanner, husband and wife. ALSO BEING part of the premises which William D. Tanner and Sherri S. Tanner, husband and wife, by their deed dated April 25, 2003 and recorded in Cumberland County Deed Book 258, Page 3827 granted and conveyed unto William D. Tanner EXHIBIT A Cl ~ 6 i m ... 0 o j \II '" a ~ ... 0 fi ~ \II Q" o ~i ~, " ~. u ~ ! w U) ~ U) o Q. u; ::> u "C'€.~P-f .d "'" > ~ ':> e,OO~'~~ : L.p f~ 'J : cr' '" ~ <>: S ~ ~ r:: ..0 ~ '" M ... -0 I"- '" "'_..0 >-< >< E ~~8 - . ~ ~ 0 '" ;..:~z '" o ~ ~ W '" >-0 - ~il' " l;: " z " ;;l g ~ ~ ... 8 o J l!! ~ ~ ~ i= ~ '" z \II "'''' U ~~ ~~ z~ "'~ ~o W <Il~ " Wu ~ 8~ ~ ~~ '" 0'" ti $~ lr ~l'i (J'j al5 tt: :) ~~ M I"- - e . e l"- e I"- cr' _ ~ -< ll.. ~" -d' o a ..0 _ "'M ... -0 I"- '" "'_.0 >-< >< E . C :l .:8~u ~ 0 ~ ;..:~z ~ U.S. POSTAGE PAlO NEW CUMBERLANO.PA ;7079 JUN 2~. 05 AMOUNT $090 0002702S-0~ r:: - e . e l"- e I"- - 8 N '" ~ ~ . , ,..: - '" '" E ~ "' Q. U.S. POSTAGE PAlO NEW C~~8~ANO.PA JUN'2~:If05 AMOUNT $090 00027625-0~ <:...:> ~ 0 z '" W 8 -' ~ ~ 0 >' ~o: "'w ~~ "t;; uO 8 w ;~ N " '" ~ 8il ~ w "';jl ~ "' . Oz , -' ~- ,.: '" ,,0: In WO - ~~ .. 0 ~1j '" Q. E u; "'- 0 " i~ ~ "' Q. 61 M I"- - o , o l"- e & s: ~ -< ll.. E" -d' .<:: r:: o '" .0 ~~"'5 "'g,........o >-< x E . 0 :l ::8~U 1io~ ;..:~z . '" .E <: ~ ~ . U.S. POSTAGE PAW NEW CUMBERLANO.PA ilC,u JUN 2~.'OS AMOUNT \;ft~~ o~go~g~ \~k' "~B~' ":: ~ ~~'-i)'V "--;-;<<:> ' .J 0 U"lt - z -.:.... <( ~ <:> :IE w , ... 8 <:> O. <, ~ ~ f:2 <C(...J ~ ...... u ~ ,01 ii: 0 f.Ll <, ~~ s ~i ~ ~! -g t= :?;~.D ~ a: d) rrl 1-. ~~ ~ t"" ~) ( Q}-....., ~, ....l x E: W 001. . 0 :1 "i!1\ ""~ c..;, ~ o. ~ w ~~ ~ ci ~. ~ fr~ ~ ~ Z ~ DC IJJ ~5 ~ ~~ ~ uj e~ ~ =i ~~ .. E - '" . c j; o " ~ .~ ~ o U.S. POSTAGE PAlO NEW CU~~~8~AND,PA JU'/2~:\105 AMOUNT $090 00027025-0~ 8 N '" . " ~ . , ,.: - .. '" E o ~ "' Q. ~ , , , l , . c o (') c: ;-:"'" -oi::;"'; ~~; C;(..: ~?C) :f;.C) r;; ~ ...., "', = <J"' <- c: Z N \.0 -U :x r:-? ~ ~:n :g~";:; o .-1 5;1 ..,..(') om -~., 2::"'. rn -< '" MEMBERS I ST FEDERAL CREDIT UNION IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF Vs. NO. 05-1746 Civil Term WILLIAM D. TANNER and SHERRI S TANNER DEFENDANTS CIVIL ACTION - LAW MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OR REAL ESTATE To: William D. Tanner 571 Conodoguinet Avenue Carlisle, P A ] 70] 3 William D. Tanner 241 Plaza Drive Boiling Springs, PA 17007 Sherri S Tanner 241 Plaza Drive Boiling Springs, P A 17007 Sherri S. Tanner 571 Conodoguinet Avenue Carlisle, PA 17013 Your house (real estate) at 57] Conodoguinet Avenue, Carlisle, PA 17013, as more particularly set forth and described on Exhibit "A" attached hereto and made part hereof, is scheduled to be sold at Sheriffs Sale on December 7,2005 at 10:00 a.m. in the Office of the Sheriff, Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $50, 168] 9 obtained by the above named Plaintiff against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff s Sale, you must take immediate action: I. The Sheriff Sale will be cancelled if you pay to the above named Plaintiff the amount of the judgment plus costs or the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call Karl M. Ledebohm, Esquire, at (7] 7)938-6929 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause 3 . You may be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale (See notice below to find out how to obtain an attorney. YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. I. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling the Sheriff at the County Courthouse. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale To find out if this has happened, you may call the Sheriff at the County Courthouse, which number is listed below 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5 . You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share ofthe money which was paid for your house A schedule of distribution of the money bid for your house will be filed by the Sheriff on (within thirty (30) days after the Sheriff Sale). This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed by the Sheriff. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE IF YOU DO NOT HA VB A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717)249-3166 or (800)990-9108 The Sheriff's phone number is (717)240-6390. arl M. Ledebo , Esquire Supreme Court ID #59012 P.O. Box 173 New Cumberland, P A 17070-0173 (717)938-6929 Attorney for Plaintiff ALL THOSE CERTAIN, three tracts ofland situate with the improvements thereon erected in North Middleton Township, Cumberland County, Pennsylvania bounded and described as follows TRACT NO.1 BEGINNING at a stake at the comer of Lot No. 109 of the hereinafter mentioned plan of lots and Conodoguinet Avenue; thence North 23 degrees 8 minutes East lOa feet to a stake at comer of Lot No. 109 of said Plan of Lots and land now or formerly of Charles C Swarner; thence along said land now or formerly of Charles C Swarner, South 66 degrees 52 minutes East 40 feet to a stake at the comer of Lot No III of said plan of lots; thence South 23 degrees 8 minutes West lOa feet to a stake at comer of Lot No. III of said plan oflots and Conodoguinet Avenue; thence along Conodoguinet Avenue, North 66 degrees 52 minutes West 40 feet to the Place of BEGINNING. BEING Lot No. 110, Section 3, of Meadowbrook Park Plan as recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book No.2, Page 38; and being improved with a dwelling house known and numbered a 571 Conodoguinet Avenue, Carlisle. TRACT NO.2 ALL THAT CERTAIN tract ofland situate in North Middleton Township, Cumberland County, Pennsylvania, more particularly bounded and described in accordance with survey of Stephen G. Fisher, Registered Surveyor, dated September 10, 1980, as revised March 4, 1981 as follows: BEGINNING at an iron pin at the southwest comer of Lot No. III of Section 3 on the Plan of Meadowbrook Park as recorded in Cumberland County Plan Book 2, Page 38; thence by the dividing line between Lot Nos. III and 110 on the aforementioned Plan of Lots; North 23 degrees 08 minutes East lOa feet to an iron pin at northwest comer of Lot No. III on the aforementioned Plan of Lots; thence South 66 degrees 52 minutes East 7.0 feet to an iron pin at comer oflands now or formerly of Norman P. Landry, III, et aL; thence South 21 degrees 59 minutes IS seconds West 100.02 feet to a railroad spike at comer of lands now or formerly of Norman P Landry, III, et aL; thence by Conodoguinet Avenue, Township Road T-488, North 66 degrees 52 minutes West 9.0 feet to an iron pin, the place of BEGINNING. BEING the same premises which Norman P Landry, III, et aI., by deed dated October 4, 1993 and recorded October 7, 1993 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 0-36, page 692, granted and conveyed unto William D. Tanner and Sherri S. Tanner. TRACT NO.3 BEGINNING at an existing iron pin located at the northeast corner of other lands of the grantee; thence along other lands of the grantee North 66 degrees 31 minutes 19 seconds West a distance of 46.86 feet to a point; thence along Lot No 5 of the hereinafter named Subdivision Plan North 21 degrees 46 minutes 48 seconds East a distance of 40.08 feet to an iron pin; thence along lands now or formerly of Snyder LLP, South 69 degrees 38 minutes 39 seconds East a distance of 45.94 feet to an iron pin; thence along Lot NO.7 of the hereinafter named Subdivision Plan South 20 degrees 33 minutes 10 seconds West 42.62 feet to an existing iron pin, the point and place of BEGINNING. BEING Lot No 6 on the Preliminary/Final Subdivision Plan for Eagles Crossing Golf Course recorded in the Office ofthe Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 81, page 149, and containing 1,918 square feet, more or less BEING a part of the premises which Snyder, LLP by its deed dated December 6, 2000 and recorded in Cumberland County Deed Book 236, page 800 granted and conveyed unto William D. Tanner and Sherri S Tanner. THE ABOVE THREE TRACTS also being the same property which William D. Tanner and Sherri S. Tanner, husband and wife, by their deed dated April 25, 2003 and recorded in the Cumberland County Deed Book 256, Page 3627 granted and conveyed unto William D. Tanner. ~ "- -C\:C D)~'.1-; zi' (/?;::: 2c ..... :g; c:: ,,-() 5e: ~ ..... ""'" ""'" c.r> (,I) I"'" ""0 0' ~ :r-n r1'\ r:: -om 'no ;~b :r:n ()<') z~ o ?E '< -0 :s:: r:-? U1 o MEMBERS I ST FEDERAL CREDIT UNION IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA PLAINTIFF Vs. NO.: 05-1746 Civil Term WILLIAM D. TANNER and SHERR! S TANNER DEFENDANTS CIVIL ACTION - LAW MORTGAGE FORECLOSURE AFFIDAVIT OF SERVICE OF NOTICE TO LIEN HOLDERS PURSUANT TO Pa. RC-P. 3129.2 (c) !, Karl M Ledebohm, Esquire, being duly sworn according to law hereby swear and affirm that on the 15th day of September, 2005, I served the attached NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST pursuant to Pa. RCP 3129.2 (c) in the above captioned matter upon the following individuals by first class mail, postage prepaid, addressed as follows: To: Members I ~ Federal Credit Union 5000 Louise Drive Mechanicsburg, P A 17055 Domestic Relations Cumberland County Courthouse One Courthouse Square Carlisle, P A 17013 Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, PAl 70 13 Citifinancial Inc I Valley Street, Suite 103 Carlisle, PA 17013 Postal forms 3817 evidencing the mailing of said notices are attached hereto as Exhibit "A" and made part hereof Sworn before me, a notary public this 2&1.b day of September, 2005. '--lilt L--J T~\l cb} My commission expires WI fi\J-OO(t NotaJialSeal Lynn T. Mickel, Notary Public FalrviewTwp., Yorl< County '~v Commission EJcWes October 5. 2006 '-S:>. Denl1sylvania Association Of Notaries Respect lIy submitted, " /; , I arl M Lede olim, Esq. upreme Court ID #: 59012 P.O Box 173 New Cumberland, P A 17070-0173 (717)938-6929 MEMBERS 1 ST FEDERAL CREDIT UNION IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF Vs. NO. 05-1746 Civil Term WILLIAM D TANNER and SHERR! S TANNER DEFENDANTS CIVIL ACTION - LAW MORTGAGE FORECLOSURE NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST PURSUANT TO Pa. R.C.P. 3129.2 To: Members [" Federal Credit Union 5000 Louise Drive Mechanicsburg, P A 17055 Domestic Relations Cumberland County Courthouse One Courthouse Square Carlisle, P A 17013 Cumberland County Tax Claim Bureau One Courthouse Square Carlisle. P A 17013 Citifin8ncial Inc I Valley Street, Suite 103 Carlisle, P A 17013 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE South Hanover Street Carlisle, PA 17013 on December 7,2005 at 10:00 am, the following described real estate which William D Tanner is the owner and reputed owner and on which you may hold a lien or have an interest which could be affected by the sale of 571 Conodoguinet Avenue Carlisle, P A 17013 (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The said Writ of Execution has been issued on a judgment in the action of MEMBERS 1 ST FEDERAL CREDIT UNION IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYL VANIA PLAINTIFF Vs. NO.: 05-1746 Civil Tenn WILLIAM D. TANNER and SHERRI S. TANNER DEFENDANTS : CIVIL ACTION - LAW . MORTGAGE FORECLOSURE at Ex. No. 05-1746 Civil in the amount of$50, 168.19, plus interest and costs. Claims against property must be filed at the Office of the Sheriff before above sale date Claims to proceeds must be made with the Office of the Sheriff before distribution Schedule of Distribution will be filed in the Office of the Sheriff no later than thirty (30) days from the sale date Exceptions to distributions or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (l0) days from the date when Schedule of Distribution is filed in the Office of the Sheriff If you have any questions or comments with regard to the Sheriffs Sale or this Notice, you should contact your attorney as soon as possible. - Date err ,'I-oS Res7tfullY submitted, ! Me~ rl . Ledebohm, Esq Supreme Court ill # 59012 PO Box 173 New Cumberland, P A 17070-0173 (717)938-6929 Attorney for Plaintiff ALL THOSE CERTAIN, three tracts ofland situate with the improvements thereon erected in North Middleton Township, Cumberland County, Pennsylvania bounded and described as follows: TRACT NO.1 BEGINNING at a stake at the comer of Lot No. 109 of the hereinafter mentioned plan of lots and Conodoguinet Avenue; thence North 23 degrees 8 minutes East 100 feet to a stake at corner of Lot No. 109 of said Plan of Lots and land now or formerly of Charles C Swarner; thence along said land now or formerly of Charles C Swarner, South 66 degrees 52 minutes East 40 feet to a stake at the comer of Lot No 111 of said plan of lots; thence South 23 degrees 8 minutes West 100 feet to a stake at corner of Lot No. III of said plan of lots and Conodoguinet Avenue; thence along Conodoguinet Avenue, North 66 degrees 52 minutes West 40 feet to the Place of BEGINNING BEING Lot No 110, Section 3, of Meadowbrook Park Plan as recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book No.2, Page 38; and being improved with a dwelling house known and numbered a 571 Conodoguinet Avenue, Carlisle. TRACT NO.2 ALL THAT CERTAIN tract of land situate in North Middleton Township, Cumberland County, Pennsylvania, more particularly bounded and described in accordance with survey of Stephen G. Fisher, Registered Surveyor, dated September 10, 1980, as revised March 4, 1981 as follows: BEGINNING at an iron pin at the southwest corner of Lot No. 111 of Section 3 on the Plan of Meadowbrook Park as recorded in Cumberland County Plan Book 2, Page 38; thence by the dividing line between Lot Nos 1 1 1 and 110 on the aforementioned Plan of Lots; North 23 degrees 08 minutes East 100 feet to an iron pin at northwest corner of Lot No. 111 on the aforementioned Plan of Lots; thence South 66 degrees 52 minutes East 7.0 feet to an iron pin at corner oflands now or formerly of Norman P Landry, III, et at; thence South 21 degrees 59 minutes 15 seconds West 100.02 feet to a railroad spike at corner oflands now or formerly of Norman P Landry, III, et a!.; thence by Conodoguinet Avenue, Township Road T-488, North 66 degrees 52 minutes West 9.0 feet to an iron pin, the place of BEGINNING BEING the same premises which Norman P. Landry, III, et a!., by deed dated October 4, 1993 and recorded October 7,1993 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 0-36, page 692, granted and conveyed unto William D. Tanner and Sherri S. Tanner. TRACT NO.3 BEGINNING at an existing iron pin located at the northeast comer of other lands of the grantee; thence along other lands of the grantee North 66 degrees 31 minutes 19 seconds West a distance of 46.86 feet to a point; thence along Lot NO.5 of the hereinafter named Subdivision Plan North 21 degrees 46 minutes 48 seconds East a distance of 40.08 feet to an iron pin; thence along lands now or formerly of Snyder LLP, South 69 degrees 38 minutes 39 seconds East a distance of 45.94 feet to an iron pin; thence along Lot No 7 of the hereinafter named Subdivision Plan South 20 degrees 33 minutes 10 seconds West 4262 feet to an existing iron pin, the point and place of BEGINNING. BEING Lot No 6 on the PreliminarylFinal Subdivision Plan for Eagles Crossing Golf Course recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 81, page 149, and containing 1,918 square feet, more or less. BEING a part of the premises which Snyder, LLP by its deed dated December 6, 2000 and recorded in Cumberland County Deed Book 236, page 800 granted and conveyed unto William D Tanner and Sherri S Tanner. THE ABOVE THREE TRACTS also being the same property which William D. Tanner and Sherri S Tanner, husband and wife, by their deed dated April 25, 2003 and recorded in the Cumberland County Deed Book 256, Page 3627 granted and conveyed unto William D. Tanner. --_.._---~...._,_.- -u il:J; ." "' c "' ~:J; C ." ~ 0< '" ." 0 ~ 0< en g ~a> 0 Sa> 3 , 2 3 om ." 0 ~m ." '" <' me 0 ~ ~ e 0 . -u~ "' ~. -u~ CD ~ om ~ ~ Om ~ - -u 000 -u ;00 ."" a ~ a " --u r z~ r ~ " Zo <J> 0 " ~ :goo m a 1'00 <J> 5 m c ~8 '" . 1'8 '" . z;:: < '" < 01 (') z;:: (') Om 3 om N m~ m ~ m~ m 0 ,~ ~=' -0- . S 00 ~ 00 "1?Z ~ ~> ~ ~ ~z ;::0 ;::0 >- 0 ,.- ~z ~ ~z ;;1;;\ <> q ~~ () mm ~oo m ~oo m Z ~ Z ~ ~ ~ 0; :;; 0; :;; ~ 0 Z 0 > ~ r ~ ;:: ~ ,. m m F 0 F 0 0 To 0 0 0 To m i: m i: ~ )> ~ Z Z ~ ~ E 0 r- z ~ Z Cl Q ~ '10 . OSrAGE PAlO NEW CUMBERLANO.PA 17079 SEP 15. 05 AMOUNT 6l VN/TEDJ"Ttl.TES I"OST4LSAIfICE fJNlTIiDSTtl.TES POSTAL S6RIIICE 0000 0000 $0.90 00054129-03 ." ." illi <J> :8~ <J> C -u c ." 00 0< en 0 0 ~ 0< en 0 ~a> 3 , Sa> 3 ~ 0 om " . g ~m " '" < me 0 '" ~. [ e 0 CD 0 2H~ ~ CD ~ -u~ <J> \) ~ ~ Om - -u 000 ."" .. . ^"~ ~o ~ '" .a ~~ ~ 0 z~ r ~ 3 "' . ('> <J> . cOO 0 \J' .. 1'00 , ~8 m e ~ r- 1'8 m c :g . '" . 01 z;:: < '" 0;:: 0 '" (':)-tJ S- Om 0 '" mm m 0 m~ m ,m ~ (g~ S lv= 00 "l?Z Fw~ "1?Z ;::0 li':' ~- ? (J ;;I~ mz () -H () mm 0000 m ~oo m ~ ~ z ~ ,. ~ 0; :;; 0; :;; ~ 0 z 0 ,. ~ r ~ ~ ;:: ,. m ,. F 0 F 0 ~' r.f' ;-t 0 0 ~ To 0 To i: m i: - ~ C> m 1:: m )> z z \l . I elJ. S\ r- 0 r= z -t! ~ z -r' - -,."/."- ! ';"c' Cl Cl f'" ! ,----- .J \"P Co ,. ! '" ;;.<? '..' lP: ~ 1':',-..." ',:1- ,.\~V ''''' ~ -;';" '0. ~ NEW c' fINO .PR ~ 17070 SEP 15.'05 fJtIlfEOIT4f,fS RMOUNT UNITED$1".o.rES POST,,,," SERif/a POST6L SERIfI" $0.90 $0.90 0000 0000 00054129-03 00054129-03 Exh/b,f "All -,;' c. > (I~ j . \~~:: ;,_. "'0_, .", cr.::,.\. 5~. \~~: ?~'\ -~ n ~~ ....-:) = ",0 <OJ' <,., ,,'ri -0 N N -" -~ -"" Q. ~?2 -0 r\l ":_~Jv ',~) J_) . ..!S::,-, :--c -'n (,~(""") ~:'::-t:n 0' -,,-'\ ~ ~ (,) c:> ~~ MEMBERS 1 ST FEDERAL CREDIT UNION IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF Vs. NO.: ~"- 17{(P~ WILLIAM D. TANNER and SHERRI S. TANNER DEFENDANTS CIVIL ACTION - LAW : MORTGAGE FORECLOSURE MEMBERS 1ST FEDERAL CREDIT UNION'S PETITION FOR RULE TO SHOW CAUSE WHY THE COMPLAINT IN FORECLOSURE FILED BY PLAINTIFF IN THE ABOVE CAPTIONED MATTER SHOULD NOT BE AMENDED TO CONFORM TO THE EVIDENCE PURSUANT TO Pa. RC.P. 1033 TO INCLUDE A CORRECTED LEGAL DESCRIPTION OF THE PROPERTY FORECLOSED AND NOW, comes Members 1st Federal Credit Union, the Plaintiff in the above captioned matter, by and through its attorney Karl M. Ledebohm, Esquire, and requests that a rule be issued upon defendants, William D. Tanner and Sherri S. Tanner, to show cause why the complaint in foreclosure filed by Plaintiff in 1he above captioned matter should not be amended to conform to the evidence pursuant to Pa. R.C.P. 1033 to include a corrected legal description of the property foreclosed and avers in support thereof as follows: 1. Plaintiff, Members I" Federal Credit Union ("Members I"'), is a National Federal Credit Union having a principal address of 5000 Louise Drive, Mechanicsburg, PA 17055. 2. Defendants, William D. Tanner and Sherri S. Tanner, (collectively referred to herein as "Defendants") are adult individuals having a last known address of 241 Plaza Drive, Boiling Springs, P A 17007. 3. On April 1, 2005, Plaintiff filed its complaint in foreclosure (the "Complaint") in the above captioned matter foreclosing the lien of the mortgage in favor of Members 1 st against all that certain real estate and improvements erected thereon known and numbered as 571 Conodoguinet Avenue, Carlisle, PA 17013 ("Property"). 4. At all times relevant to the Complaint, Defendant, William D. Tanner, is and continues to be the record and sole owner of the Property. 5. Judgment was entered in favor of Members 1st in the above captioned matter on June 8, 2005 and a Sheriff sale of the Property in connection with execution issued on the Judgment is currently scheduled for December 7, 2005. 6. Although the mortgage attached to the Complaint correctly identifies the Property as being set forth in that certain deed rewrded in Cumberland County Deed Book 256, page 3629 ("Defendants' Deed") and the Property is otherwise correctly identified in paragraph 5 of the Complaint, exhibit "A" attached to the Complaint erroneously describes only one of the three tracts on the Defendants' Deed. A copy of Defendant's Deed is attached hereto as exhibit "A." 7. The correct legal description as is reflected on Ddendants' Deed and clearly intended to serve as collateral of the mortgage which is the subject of the Complaint is attached hereto as exhibit "B" and made part hereof. 8, Plaintiff requests that the Complaint be amended to conform the pleading to the evidence by substituting the legal description attached hereto as exhibit "B" and made part hereof, being all of the tracts set forth in Defendant's Deed, in place of exhibit "A" currently erroneously attached to the Complaint in order to clarify the record. WHEREFORE, Plaintiff respectfully requests this Court to issue a rule upon Defendants, William D. Tanner and Sherri S. Tanner, to show cause why the Complaint filed by Plaintiff in the above captioned matter should not be amended to conform the pleading to the evidence by substituting the legal description attached hereto as exhibit "B" and made part hereof in place of the erroneous legal description currently attached to the Complaint and marked exhibit "A" and incorporated therein by reference. Respectfully submitted, / ;/'0 . '.' "\ (\ oJ-I../1 -,oJ..J.;:/, .. r . 0' ,0, ' Karl M. Ledebohm, Esq. Supreme Court ID #: 59012 P.O. Box 173 New Cumberland, P A 17070-0173 (717)938-6929 Attomey for Plaintiff ~c,>1J "- '-"~"-' <.,.'...)." -' 'J." ':''"1._, (_'U."" nc..H! nt:.r:. DHI"'\,CtUU~, r-1_H:;t ~o14 r;.,11 Tax Parcel # THIS DEED MADE this c75--tt-day of A~ 2003, BETWEEN WILLIAM D. TANNER and SHERRI S. TANNER, husband and wife, of Carlisle, Cumberland County, Pennsylvania, "GRANTORS", AND WILLIAM D. TANNER. adult individual. of Carlisle, Cumberland County, Pennsylvania. "GRANTEE", WITNESSETH, that in consideration of the sum of one and 00/100 ($1.00) Dollars, in hand paid. the receipt whereof is hereby acknowledged. the said GRANTORS dO hereby grant and convey in fee 1~lmple to said GRANTEE, his heirs and assigns, ALL THAT CERTAIN tract of land situate with the improvements thereon erected In North Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: TRACT NO.1: c BEGINNING at a stake at the comer of Lot No. 109 of the hereinafter mentioned Plan of lota and Conodogulnet Avenue: thence North 23 degrees 8 minutes East 100 feet to a stake at corner of Lot No.1 09 of said Plan of Lotlll and land now or formerly of Charles C. Swarner; thenc:e along said land now Of formerly of Charles C. Swamer. South 66 degrees 52 minutes East 40 f~t to a stake at the comer of Lot No. 111 of said Plan of Lots; thence South 23 degrees 8 minutes West 100 feet to a stake at corner of Lot No, 111 of said Plan of Lots and Conodogulnet Avenue; thence along Conodoguinet Avenue. North 66 degrees 52 minutes West 40 feet to the Place of BEGINNING, ~i'I<o) ..." ~::.:']€' "rr'16?7 .~! ,",,' !S.L h if. "1\" _ e3: 4'3 7172437ge3 HEA THER Bi\RBOUR PAi.'.;c. ,/ I , BEING Lot No, 110, Section 3. of Meadowbrook Park Plan as recorded in tM Office of the Recorder of DeedS In and for Cumberland County in Plan Book No.2, Page 36; and being improved with a dwelling hOUSEI known and numbered as 571 ConOdogulnet Avenue, Carlisle. TRACT NO.2 ALL THA.T CERTAIN tract of land situate In North Middleton Township, Cumberland County, Pennsylvania, more particularly bounded and described in accordance with survey of Stephen G. Fl8her, Registered Surveyor, dated September 10, 1980, as revised March 4, 1981 88 follows: BEGINNING at an iron pin at the southwest comer of lot No. 111 of Section 3 ~ on the Plan of Meadowbrook Park as recorded in Cumbertand County Plan Book 2, Page 38; thence by the dividing line between l.ot Nos. 111 and 110 on the aforementioned Plan of Lots, North 23 degrees 08 minutes East 100 feet to an iron pin at northwest comer of Lot No. 111 on Iheaforementioned Plan Of Lots; thence South 66 degrees 52 minutes East 7.0 feet to an iron pin at comer of lands now or formerty of Norman P. Landry, III, et 81: thence South 21 degrees 59 minutes 15 seconds West, 100.02 feet to a railroad 8pike at comer Of lands now or formerly of Norman p, Landry, Ifl. et al; thence by Conodoguinet Avenue, TowolJhip Road T -488, North 66 degrees 52 < minutes West 9.0 feet to an Iron pin, the Place of BEGINNING. BEING the same premises which NOlTn8n P. Landry, "', at aI, by deed dated October 4, 1993 and recorded October 7, 1993 In the Oftlce of the Recorder Of Deeds In and for Cumberland County, Penn.y/vania. In Deed Book 0-36, Page 692, granted and corweyed unto William O. Tanner and Shem S. Tanner, Grento"' herein. TRAC'I: NO. ~ AU THA.T parcel of land situate In North Middleton Township, Cumberland County, Pennsylvania, bounded and descrlbed as follows: BEGINNING at an existing iron pin loceted at the northeast comer of other lands of the Grantee: thence along other lands of the Grantee North 66 degrees 31 minutes 19 seconds West a distance of 46.86 feet to 8 point; thence along Lot No.5 of the hereinafter named Subdivision Plan North 21 degree. 46 minutes 48 seCOnds East a distance of 40.08 feet to an iron pin; thence along 11Inds now or formerly of Snyders, LLP, South 89 degrees 38 minutes 39 .econds East a distance of 45.94 feet to ari iron pin; thence along Lot No. 7 01 the hereinafter named Subdivision Plan South 20 degrees 33 minutes 10 seconds West 42.62 fHt tel an existing Iron pin, the point and Place of BEGiNNING. BEING lot No. 6 on the Preliminary/Final SubdivIsion Plan for Eagles Crossing Golf Course recorded In the Office of tl'le Recorder of Deed8 in and for Cumberland County, Pennsylvania in Plan Book 81, page 149, and containing 1.918 square feet. " " ", " r r<'. ::;:1 800K 256 PACEJ628 _ 03: 4'3 711'24:37'3BJ Ht.A I Ht.k: tiAr<bUUr-; r,:..:,r,:ll:. f~1 ;-"j BEING the same property which Snyders, LLP, a Pennsylvania limited liability partnership, by deed dated December 6,2000 and recorded December 27, 2000, in the Office of the Recorder of Deeds in and for Cumber1and County in Deed Book 236, Page 800. granted and conveyed unto William D. Tenner and Shern S. Tanner. Grantors herein. THIS DEED IS EXEMPT FROM REAL TV TRANSFER TAX AS IT IS A CONVEYANCe FROM HUSBAND AND WIFE: TO HUSBAND. AND the said GRANTORS hereby warrant specially the property herem conveyed. IN WITNESS WHEREOF. the said GRANTORS do hereby set their hands and seals the day and year first above written Witness: ~~.: ./ ~- WILLIAM D. TANNER 4,{)<.;::/;) ~1:tr) xfJUAM' -~ GJa-~^ SHERRI S. ANNER = "" ::;) r)'- ;g :;0 \ { (.:.',1 N !:: r-l .,~ (.J"'\ c; -;:J . \,.1 (") C. ,--.\ ~ O""'\m C::C>", ....... ~ n1 r .....", n'''. ~O::O (...;) I (j') N - 2.56 fAC!3629 717'2437'303 HEA THER BAREOIJ~' PAGE 0'3 COMMONWEALTH OF PENNSYLVANIA :... COUNTY OF CUMBERLAND 11\- A ^.' /J ON this the ~5 day of ~ ' 2003, before me. the undersigned officer, personally appeared William D. Tanner, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged the foregoing deed to be his act and deed and described the same to be recorded 8S such. WITNESS my hand and official seal the day ar:d ear first above written (...-,~ L/1 - NOT AfllAl SEAl ~ t Notary Public Cy"U'l,a 1... Oa, , C ....rland \,/(\ r)1 umvw Soo1h MiddlllOl1 Twp, Co ..1:1. 14 200' '.-~n E'l'.pl''':l'. ~,', '\1, , MyComml- ,...-" ....---- COMMONWEALTH OF PENNSYLVANIA :... COUNTY OF CUMBERLAND ON this the 0?5~ay Of~p-::...f ,20031, before me, the undersigned officer, personally appeared Sham S, Tanner, known to me (or satisfactorily proven) to be the person whose name Is subscribed to the within Instrument. and acknowledged the foregoing deed to be his act and deed and described the same to be recorded 8S such WITNESS my hand and official 8eal the day and year first above written. ~ (SEAL) "~" 800. 2li6 ~~cf3630 I ALL THOSE CERTAIN, three tracts ofland situate with the improvements thereon erected in North Middleton Township, Cumberland County, Pennsylvania bounded and described as follows TRACT NO.1 BEGINNING at a stake at the corner of Lot No 109 of the hereinafter mentioned plan of lots and Conodoguinet Avenue; thence North 23 degrees 8 minutes East 100 feet to a stake at corner of Lot No. ]09 of said Plan of Lots and land now or formerly of Charles C Swarner, thence along said land now or formerly of Charles C Swarner, South 66 degrees 52 minutes East 40 feet to a stake at the corner of Lot No III of said plan of lots, thence South 23 degrees 8 minutes West 100 feet to a stake at corner of Lot No III of said plan of lots and Conodoguinet Avenue, thence along Conodoguinet Avenue, North 66 degrees 52 minutes West 40 feet to the Place of BEGINNING BEING Lot No. 110, Section 3, of Meadowbrook Park Plan as recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book No 2, Page 38; and being improved with a dwelling house known and numbered a 571 Conodoguinet Avenue, Carlisle TRACT NO.2 ALL THAT CERTAIN tract of land situate in North Middleton Township, Cumberland County, Pennsylvania, more particularly bounded and described in accordance with survey of Stephen G. Fisher, Registered Surveyor, dated September 10, 1980, as revised March 4, 1981 as follows BEGINNING at an iron pin at the southwest corner of Lot No III of Section 3 on the Plan of Meadowbrook Park as recorded in Cumberland County Plan Book 2, Page 38, thence by the dividing line between Lot Nos III and ] lOon the aforementioned Plan of Lots, North 23 degrees 08 minutes East 100 feet to an iron pin at northwest corner of Lot No III on the aforementioned Plan of Lots; thence South 66 degrees 52 minutes East 70 feet to an Iron pin at corner of lands now or formerly of Norman P Landry, III, et al , thence South 21 degrees 59 minutes ]5 seconds West 100 02 Deet to a railroad spike at corner of lands now or formerly of Norman P Landry, III, et al.; thence by Conodoguinet Avenue, Township Road T-488, North 66 degrees 52 minutes West 9.0 feet to an iron pin, the place of BEGINNING BEING the same premises which Norman P Landry, III, et al , by deed dated October 4, 1993 and recorded October 7, 1993 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 0-36, page 692, granted and conveyed unto William D Tanner and Sherri S Tanner TRACT NO.3 ~ r"'! f1/n,b'i-: I) i / 1'- , / / BEGINNING at an existing iron pin located at the northeast corner of other lands of the grantee, thence along other lands of the grantee North 66 degrees 3 I minutes 19 seconds West a distance of 4686 feet to a point, thence along Lot No 5 of the hereinafter named Subdivision Plan North 21 degrees 46 minutes 48 seconds East a distance of 40.08 feet to an iron pin, thence along lands now or formerly of Snyder LLP, South 69 degrees 38 minutes 39 seconds East a distance of 45.94 feet to an iron pin, thence along Lot No 7 of the hereinafter named Subdivision Plan South 20 degrees 33 minutes 10 seconds West 4262 feet to an existing iron pin, the point and place of BEGINNING BEING Lot NO.6 on the Preliminary/Final Subdivision Plan for Eagles Crossing Golf Course recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 81, page 149, and containing 1,918 square feet, more or less BEING a part of the premises which Snyder, LLP by its deed dated December 6, 2000 and recorded in Cumberland County Deed Book 236, page 800 granted and conveyed unto William D Tanner and Sherri S Tanner THE ABOVE THREE TRACTS also being the same property which William D. Tanner and Sherri S Tanner, husband and wife, by their deed dated April 25, 2003 and recorded in the Cumberland County Deed Book 256, Page 3627 granted and conveyed unto William D. Tanner VERIFICATION I, Lynn Unger, Collections Officer for Members l't Federal Credit Union, being authorized to do so on behalf ofMembecs 1" Federal Credi~ Union. hereby verify that the statements made in the foregoing pleading are trne and correct to the best of my information knowledge and belief. I understand that false statements are made subject to the penalties of 18 Po. C.S.A. Section 4904, relating to unsworn falsification to authorities. Members I st Federal Credit Union ) ,jJ aQ' L~l "-' Otllcer c ", (") r-. r--> c:::' "'-::..:1 <... ~ C) (") -.-j N (..'1 ~". ':;"-;1 ~,; -=:0 ~ RECEIVED OCT 121005 MEMBERS 1 ST FEDERAL CREDIT UNION IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF VS. NO.: 0 i} - (t~ 10 00';"\ WILLIAM D. TANNER and SHERRI S. TANNER DEFENDANTS : CIVIL ACTION" LAW : MORTGAGE FORECLOSURE THIS DOCUMENT AND ANY SUBSEQUENT CORRESPONDENCE FROM THIS OFFICE IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED MAY BE USED FOR THAT PURPOSE. ORDER AND NOW, this I ~ ~ day of 0Ja '-"" , 2005, upon consideration of the foregoing petition, it is hereby ordered that: (1) a rule is issued upon the Respondent to show cause why the Petitioner is not entitled to the relief requested; (2) the Respondent shall file an answer to the petition within twenty (20) days of service upon the Respondent; (3) the petition shall be decided under Pa. R.C.P. No. 206.7; (4) notice of the entry of this Order shall be provided to all parties by the Petitioner. By the Court: /1,00 \O,V ri;1 MEMBERS 1 ST FEDERAL CREDIT UNION IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA o c "" ,-~ PLAINTIFF .;.;::.;:r <:'1 C) c-> -,-I Vs. (j). 17i(, ~ r..;. NO.: WILLIAMD. TANNER and SHERRI S. TANNER :"' .,~ DEFENDANTS : CIVIL ACTION - LAW : MORTGAGE FORECLOSURE ::J -< C'1 c.' MEMBERS 1ST FEDERAL CREDIT UNION'S PETITION FOR RULE TO SHOW CAUSE WHY THE COMPLAINT IN FORECLOSURE FILED BY PLAINTIFF IN THE ABOVE CAPTIONED MATTER SHOULD NOT BE AMENDED TO CONFORM TO THE EVIDENCE PURSUANT TO Pa. R.C.P. 1033 TO INCLUDE A CORRECTED LEGAL DESCRIPTION OF THE PROPERTY FORECLOSED AND NOW, comes Members 1 st Federal Credit Union, the Plaintiff in the above captioned matter, by and through its attorney Karl M. Ledebohm, Esquire, and requests that a rule be issued upon defendants, William D. Tanner and Sherri S. Tanner, to show cause why the complaint in foreclosure filed by Plaintiff in the above captioned matter should not be amended to conform to the evidence pursuant to Pa R.c.P. 1033 to include a corrected legal description of the property foreclosed and avers in support thereof as follows: I. Plaintiff, Members 1st Federal Credit Union ("Members I st\ is a National Federal Credit Union having a principal address of 5000 Louise Drive, Meehanicsburg, P A 17055. 2. Defendants, William D. Tanner and Sherri S. Tanner, (collectively referred to herein as "Defendants") are adult individuals having a last known address of 241 Plaza Drive, Boiling Springs, P A 17007. o ., '-1 ""T' .....-,1 rr:r== ",'1 C'"7 3. On April I, 2005, Plaintiff filed its complaint in foreclosure (the "Complaint") in the above captioned matter foreclosing the lien of the mortgage in favor of Members 1st against all that certain real estate and improvements erected thereon known and numbered as 571 Conodoguinet Avenue, Carlisle, PA 17013 ("Property"). 4. At all times relevant to the Complaint, Defendant, William D. Tanner, is and continues to be the record and sole owner of the Property. 5. Judgment was entered in favor of Members 1st in the above captioned matter on June 8, 2005 and a Sheriff sale of the Property in connection with execution issued on the Judgment is currently scheduled for December 7, 2005. 6. Although the mortgage attached to the Complaint correctly identifies the Property as being set forth in that certain deed recorded in Cumberland County Deed Book 256, page 3629 ("Defendants' Deed") and the Property is otherwise correctly identified in paragraph 5 of the Complaint, exhibit "A" attached to the Complaint erroneously describes only one ofthe three tracts on the Defendants' Deed. A copy of Defendant's Deed is attached hereto as exhibit "A." 7. The correct legal description as is reflected on Defendants' Deed and clearly intended to serve as collateral of the mortgage which is the subject of the Complaint is attached hereto as exhibit "B" and made part hereof. 8. Plaintiff requests that the Complaint be amended to conform the pleading to the evidence by substituting the legal description attached hereto as exhibit "B" and made part hereof, being all of the tracts set forth in Defendant's Deed, in place of exhibit "A" currently erroneously attached to the Complaint in order to clarify the record. WHEREFORE, Plaintiff respectfully requests this Court to issue a rule upon Defendants, William D. Tanner and Sherri S. Tanner, to show cause why the Complaint filed by Plaintiff in the above captioned matter should not be amended to conform the pleading to the evidence by substituting the legal description attached hereto as exhibit "8" and made part hereof in place of the erroneous legal description currently attached to the Complaint and marked exhibit "A" and incorpomted therein by reference. Respectfully submitted, arl M. Ledebobm, Esq. / Supreme Court ill # : 59012 P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 Attorney for Plaintiff ~c . S1) 2005 03: 4'3 71724:37'303 HEATHER BARBOUR F'AGE ~OI45.;1I Tax Parcel # THIS DEED -(A.J .A' MADE this (}5 diJY of ri-p.:J' 2003, BETWEEN WilLIAM D. TANNER and SHERRI S. TANNER, husband and wife, of Carlisle, Cumberland County, Pennsylvania. "ORANTORS" , AND WilLIAM D. TANNER. adult individual, of Carlisle, Cumberland County, Pennsylvania, "GRANTEE" , WITNESSETH, that in consideration of the sum of one and 00/100 ($1.00) Dollars, in hand paid, the receipt whereof is hereby acknowledged, the said GRANTORS do hereby grant and convey in fee simple to said GRANTEE, his heirs and assigns, ALL THAT CERTAIN tract of land situate with the improvements thereon erected in North Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: TRACT NO.1: , C BEGIN NINO at a stake at the comer of lot No. 109 of the hereinafter mentioned Plan of lots and Conodogulnet Avenue; thence North 23 degrees 8 minutes East 100 feet to a stake at corner of lot No, 109 of said Plan of Lots and land now or formerly of Charles C. Swarner; thence along said land now or formerly of Charles C. Swarner, South 66 degrees 52 minutes East 40 feet to a stake at the comer of Lot No. 111 of said Plan of lots; thence South 23 degrees a minutes West 100 feet to a stake at corner of lot No, 111 of said Plan of Lots and Conodogulnet Avenue; thence along Conodoguinet Avenue. North 66 degrees 52 minutes West 40 feet to the Place of BEGINNING, >r.t. ",' ";;c " ro :<6"7 ~l~V "~..j . .~..> ...:.. r- I J "I'L" L..,th,P);r r1 03:49 71 72437903 HEATHER BARBOUR ':-;-:' PAGE I BEING Lot No. 110, Section 3. of Meadowbrook Park Plan as recorded in the )ffice of the Recorder of Deeds In and for Cumberland County in Plan Book No.2, ~age 38; and being improved with a dwelling house known and numbered as 571 ~onOdogulnet Avenue, Carlisle. rRACT NO.2 ALL THAT CERTAIN tract of land situate In North Middleton Township, ~umberland County, Pennsylvania, more particularly bounded and described in Jccordance with survey of stephen G. Fl8her, Registered Surveyor. dated September 10, 1980, as revised March 4, 1981 8S follows: BEGINNING at an iron pin at the southwest comer of Lot No. 111 of Section 3 ~ )n the Plan of MeadOWbrook Park as recorded In Cumberland County Plan Book 2. ~age 38; thence by the dividing line between Lot NOI. 111 and 110 on the lforementloned Plan of Lots, North 23 degrees 08 minutes East 100 feet to an iron pin 1t northwest corner of Lot No, 111 on the aforementioned Plan of Lots; thence South ' 36 degrees 52 minutes East 7.0 feet to an iron pin at comer of lands now or formerly of "orman P. Landry, III, et al; thence South 21 degrees 59 minutes 15 seconds West' 100.02 feet to a railroad spike at comer Of lands now or formerly of Norman P. Landry, It, et al; thence by Conodoguinet Avenue. Township Roed T -488. North 66 degrees 52 < "Inules West 9.0 feet to an Iron pin, the Place of BEGINNING. BEING the same premises which Norman P. Landry, III, et ai, by deed dated ::>ctober 4, 1993 and recorded October 7, 1993 In the OffIce of the Recorder of Deeds n and for Cumber1end County, Pennsylvania, In Deed Book 0-38, Page 692, granted ~nd conveyed unto William D. Tanner Bnd Shem S. Tanner, Grantora herein. TRACT NO.3 ALL THAT parcel of land situate In North Middleton Township, Cumberland ::ounty, Pennsylvania. bounded and described as follows: BEGINNING at an existing iron pin located at the northeast comer of other lands :If the Granlee; thence elong other lands of the Grantee North 66 degr.es 31 minutes 19 seconds West a distance of 46.86 feet to a point; thence along Lot No.5 of the nereinafter named Subdivision Plan North 21 degrees 46 minutes 48 seconds East a jislance of 40.08 faet to an iron pin; thence along lands now or former1y of Snyders, i_LP, South 89 degrees 38 minutes 39 seconds East a distance of 45.94 feet to an iron pin; thence along Lot No. 7 of Ihe hereinafter named Subdivision Plan South 20 :legrees 33 mlnutet 10 seconds West 42.62 feet to an existing iron pin, the point and Place of BEGINNING. BEING Lot No, 6 on the Preliminary/Final Subdivision Plan for Eagles Crossing Golf Courae recorded In the Offlce of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 61, Page 149. and containing 1,918 square feet. BOOK 256 P.CE3628 t' ." ,n '"' r ,.,... :Xl _ 03: 4'3 71724:37g03 HEATHER BARBOUR' F'A6E 0::.: BEING the same property which Snyders, LLP, a Pennsylvania limited liability ,artnership, by deed dated December 6,2000 and recorded December 27,2000, in the )ffice of the Recorder of Deeds in and for Cumberland County in Deed Book 236, ")age 800. granted and conveyed unto William D. Tanner and Sherri S. Tanner. :;rantors herein. THIS DEED IS EXEMPT FROM REALTY TRANSFER TAX AS IT IS A CONVEYANCE FROM HUSBAND AND WIFE TO HUSBAND. AND the said GRANTORS hereby warrant specially the property herein cOnveyed. IN WITNESS WHEREOF. the said GRANTORS do hereby set their hands and ieals the day and year first above written Nitness: /L d 1'--=..~. ~<. ;:/;) ~ 171 ) ~-:./ ~. WILLIAM D. TANNER 1JLUA -~ ~tuwn1A SHERRI S, 1l.NNER c:J (..) ::D f'I'- ~ ;:0. t r- (.:.:,'. N !: r"l .,'1 <.n (;;":J ~ \.1 -0 (") c' {-..\ ::3 O....l;-;; e:C>0 ~ Xn1r ..... r'1'l rf: -'<OX> (...;) I U' N 800<< 256 fAGE3629 717:='437g03 HEA THER BARBDUF' PAC,E 0g COMMONWEALTH OF PENNSYLVANIA :... COUNTY OF CUMBERLAND VI- A ,,_' /J ON this the ~5 day of ~ . 2003, before me, the undersigned officer, personally appeared William D. Tanner. known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged the foregoing deed to be his act and deed and de.cribed the 8ame to be recorded 8S such. WITNESS my hand and official seal the day a_~ (' :... - - NOT ARIAl SEAl ~ Or Notary Public cynlhi.l. ar, I cumberland h Middll\Ol11'I/P.. CouMY 0 " SOUl .' n Ex')'''''' 1.'. ,~. 14. 200 MYeom-1IO ~_... .---- COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ON this the aY"*day Of~~ ,2003, before me, the undersigned officer. personally appeared Sham S, Tanner, known to me (or satisfactorily proven) to be the person whose name Is subaerlbed to the within Instrument. and acknowledged the foregoing deed to be hi. ect and deed and described the same to be recorded 8S such WITNESS my hand and official seal the day and year first above written. (SEAL) 800. 256 ~~Cc3630 // ,/" ;7 ALL THOSE CERTAIN, three tracts ofland situate with the improvements thereon erected in North Middleton Township, Cumberland County, Pennsylvania bounded and described as follows TRACT NO.1 BEGINNING at a stake at the corner of Lot No 109 of the hereinafter mentioned plan of lots and Conodoguinet Avenue, thence North 23 degrees 8 minutes East 100 feet to a stake at corner of Lot No. 109 of said Plan of Lots and land now or formerly of Charles C Swarner, thence along said land now or formerly of Charles C Swarner, South 66 degrees 52 minutes East 40 feet to a stake at the corner of Lot No III of said plan of lots, thence South 23 degrees 8 minutes West 100 feet to a stake at corner of Lot No III of said plan oflots and Conodoguinet Avenue, thence along Conodoguinet Avenue, North 66 degrees 52 minutes West 40 feet to the Place of BEGINNING. BEING Lot No. 110, Section 3, of Meadowbrook Park Plan as recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book No 2, Page 38; and being improved with a dwelling house known and numbered a 571 Conodoguinet Avenue, Carlisle TRACT NO.2 ALL THA T CERTAIN tract of land situate in North Middleton Township, Cumberland County, Pennsylvania, more particularly bounded and described in accordance with survey of Stephen G. Fisher, Registered Surveyor, dated September 10, 1980, as revised March 4, 198] as follows. BEG INNIN G at an iron pin at the southwest corner of Lot No III of Section 3 on the Plan of Meadowbrook Park as recorded in Cumberland County Plan Book 2, Page 38, thence by the dividing line between Lot Nos III and 110 on the aforementioned Plan of Lots, North 23 degrees 08 minutes East 100 feet to an iron pin at northwest corner of Lot No III on the aforementioned Plan of Lots; thence South 66 degrees 52 minutes East 7.0 feet to an iron pin at corner of lands now or fonnerly of Norman P Landry, III, et ai, thence South 21 degrees 59 minutes 15 seconds West 100 02 feet to a railroad spike at corner oflands now or formerly of Norman P Landry, III, et al.; thence by Conodoguinet Avenue, Township Road T-48S, North 66 degrees 52 minutes West 9.0 feet to an iron pin, the place of BEGINNING BEING the same premises which Norman P Landry, III, et ai, by deed dated October 4, 1993 and recorded October 7, 1993 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 0-36, page 692, granted and conveyed unto William D Tanner and Sherri S Tanner TRACT NO.3 tibb: &: "[)" / / ;/ /' BEGINNING at an existing iron pin located at the northeast corner of other lands of the grantee, thence along other lands of the grantee North 66 degrees 31 minutes 19 seconds West a distance of 46.86 feet to a point; thence along Lot No 5 of the hereinafter named Subdivision Plan North 21 degrees 46 minutes 48 seconds East a distance of 40.08 feet to an iron pin, thence along lands now or formerly of Snyder LLP, South 69 degrees 38 minutes 39 seconds East a distance of 45.94 feet to an iron pin; thence along Lot No.7 of the hereinafter named Subdivision Plan South 20 degrees 33 minutes 10 seconds West 4262 feet to an existing iron pin, the point and place of BEGINNING BEING Lot NO.6 on the Preliminary/Final Subdivision Plan for Eagles Crossing Golf Course recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 81, page 149, and containing 1,918 square feet, more or less BEING a part of the premises which Snyder, LLP by its deed dated December 6,2000 and recorded in Cumberland County Deed Book 236, page 800 granted and conveyed unto William D. Tanner and Sherri S. Tanner THE ABOVE THREE TRACTS also being the same property which William D Tanner and Sherri S Tanner, husband and wife, by their deed dated April 25, 2003 and recorded in the Cumberland County Deed Book 256, Page 3627 granted and conveyed unto William D Tanner VERIFICATION I, Lynn Unger, Collections Officer for Members 1 't Federal Credit Umon, being authorized to do so on behalf of Members 1" Federal Credit Umon. hereby verify that 1he statements made in the foregoing pleading are true and correct to the best of my lnfol1JUltlon knowledge and belief. I Wlderstand that false statements are made subject to the penalties of18 PlL C.S.A. Section 4904, relating to unsworn falsification to authorities. Members 1 st Federal Credit Union l SHERIFF'S RETURN - REGULAR CASE NO: 2005-01746 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MEMBERS 1ST FEDERAL CREDIT VS TANNER WILLIAM D ET AL WILLIAM CLINE , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within ORDER was served upon TANNER WILLIAM D the DEFENDANT , at 1027:00 HOURS, on the 21st day of October 2005 at 241 PLAZA DRIVE BOILING SPRINGS, PA 17007 by handing to SHERRI S TANNER, ADULT IN CHARGE a true and attested copy of ORDER together with COMPLAINT IN MORTGAGE FORECLOSURE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Postage Surcharge 18.00 4.80 .37 10.00 .00 33.17 So Answers: .-::~~;;'~/~:~~'?:'':,~~:~~''~~'5J':'' ~-F t'.~"f""',-'.'''' ..~~ R. Thomas Kline 10/24/2005 KARL LEDEBOHM me this ~,~ day of By: ~~VL / Deputy Sheriff Sworn and Subscribed to before ~/ ~~~ ..' Pro ota A.D. 'to SHERIFF'S RETURN - REGULAR CASE NO: 2005-01746 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MEMBERS 1ST FEDERAL CREDIT VS TANNER WILLIAM D ET AL WILLIAM CLINE Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within ORDER was served upon TANNER SHERRI S the DEFENDANT at 1027:00 HOURS, on the 21st day of October 2005 at 241 PLAZA DRIVE BOILING SPRINGS, PA 17007 by handing to SHERRI S TANNER a true and attested copy of ORDER together with COMPLAINT IN MORTGAGE FORECLOSURE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 .00 10.00 .00 16.00 ..("1' <.17 r;',.'S-"'~t'<'}~CJ'/' _,~ ~~::~/ - . ;f:r~ ,;,~:::/t:.:"/"~";)"~';<"::'~"..-f ,__ii-";.~~'~~ . . R. Thomas Kline 10/24/2005 KARL LEDEBOHM Sworn and Subscribed to before By: ~~~!T/ - ~ eputy Sheriff me this q ~~ day of A.D. MEMBERS I ST FEDERAL CREDIT UNION IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF Vs. NO.: Os-- 1':14(, G',,~\ WILLIAM D. TANNER and SHERR! S. TANNER DEFENDANTS : CIVIL ACTION - LAW : MORTGAGE FORECLOSURE MEMBERS 1ST FEDERAL CREDIT UNION'S PETITION TO MAKE ABSOLUTE THE RULE TO SHOW CAUSE WHY THE COMPLAINT IN FORECLOSURE FILED BY PLAINTIFF IN THE ABOVE CAPTIONED MATTER SHOULD NOT BE AMENDED TO CONFORM TO THE EVIDENCE PURSUANT TO Pa. R.c.P. 1033 TO INCLUDE A CORRECTED LEGAL DESCRIPTION OF THE PROPERTY FORECLOSED AND NOW, comes Members 151 Federal Credit Union, the Plaintiff in the above captioned matter, by and through its attorney Karl M. Ledebohm, Esquire, and requests that the rule issued by this Court in the form of the Order dated October 13, 2005 upon defendants, William D. Tanner and Sherri S. Tanner (collectively "Defendants"), to show cause why the complaint in foreclosure filed by Plaintiff in the above captioned matter should not be amended to conform to the evidence pursuant to Pa. R.C.P. 1033 to include a corrected legal description ofthe property foreclosed be made absolute and avers in support thereof as follows: 1. This court issued a rule upon Defendant in the form of an Order dated October 13, 2005 in the above captioned matter (the "Order"), a copy of which is attached hereto as exhibit "A" and made part hereof by reference. I j 2. Plaintiff served notice of entry of the Order and corresponding Petition upon Defendants in accordance with the terms of the Order by way of the Cumberland County Sheriff on October 21, 2005. Copies of the Sheriffs Returns are attached hereto collectively as exhibit "B" and made part hereof. 3. The Order specifically required Defendants to file an answer to the corresponding petition (the "Petition") within twenty (20) days of service of the Petition and Order upon Defendants. 4. More than twenty (20) days have elapsed since the date of service of the Petition and Order upon Defendants and, as of the date hereof, Defendants have not filed a response to the Petition in this matter. WHEREFORE, Plaintiff respectfully requests this Court to enter an order: A. Making the Order issued in this matter absolute and amending the Complaint filed by Plaintiff in the above captioned matter to conform the pleading to the evidence by substituting the legal description attached to Plaintiffs Petition as exhibit "B" and made part thereof in place of the erroneous legal description currently attached to the Complaint and marked exhibit "A" and incorporated therein by reference, and; 2 B. Granting such other relief and this Court deems reasonable and appropriate. Respectfully submitted, ,/ ~-~----- arl M. edebohm, Esq. Supreme Court ID # : 59012 P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 Attorney for Plaintiff 3 ~ RECEIVED OCT 121001) MEMBERS 1ST FEDERAL CREDIT UNION IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA PLAlNTIFF Vs. NO,: Qf~ (Pfb Ct'0~ WILLIAM D. TANNER and SHERRI S, TANNER DEFENDANTS : CIVIL ACTION - LAW : MORTGAGE FORECLOSURE THIS DOCUMENT AND ANY SUBSEQUENT CORRESPONDENCE FROM THIS OFFICE IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED MAY BE USED FOR THAT PURPOSE. ORDER AND NOW, this 13fh day of (()velolJfA) , 2005, upon consideration of the foregoing petition, it is hereby ordered that: (1) a rule is issued upon the Respondent to show cause why the Petitioner is not entitled to the relief requested; (2) the Respondent shall file an answer to the petition within twenty (20) days of service upon the Respondent; (3) the petition shall be decided under Pa. R.C.P. No. 206.7; (4) notice of the entry of this Order shall be provided to all parties by the Petitioner. By the Court: C.,,~;~;l; IIJ1) 1\ SHERIFF'S RETURN - REGULAR CASE NO: 2005-01746 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MEMBERS 1ST FEDERAL CREDIT VS , TANNER WILLIAM D ET AL WILLIAM CLINE , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within ORDER was served upon TANNER WILLIAM D the DEFENDANT at 1027:00 HOURS, on the 21st day of October ,2005 at 241 PLAZA DRIVE BOILING SPRINGS, PA 17007 by handing to SHERR I S TANNER, ADULT IN CHARGE a true and attested copy of ORDER together with COMPLAINT IN MORTGAGE FORECLOSURE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Postage Surcharge 18.00 4.80 .37 10.00 .00 33.17 So Answers: ~,"';',/')...,#;;/ ~~ --;;SY :""~'~~~->:'J'l.::;:::~ ~ '? ....-....-....---. R. Thomas Kline 10/24/2005 KARL LEDEBOHM me this day of By: ~V(L- ~ Deputy S eriff Sworn and Subscribed to before A.D. Prothonotary ~L :~,t- "13 " SHERIFF'S RETURN - REGULAR CASE NO: 2005-01746 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MEMBERS 1ST FEDERAL CREDIT VS TANNER WILLIAM D ET AL WILLIAM CLINE , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within ORDER was serv.';>d upon TANNER SHERRI S the DEFENDANT , at 1027:00 HOURS, on the 21st day of October 2005 at 241 PLAZA DRIVE BOILING SPRINGS, PA 17007 by handing to SHERRI S TANNER a true and attested copy of ORDER together with COMPLAINT IN MORTGAGE FORECLOSURE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 So Answers: ,r/"/ . /:{~ ~ '~.:!.~lit.<;'..('_"""''':l-:i;'''::''1<~'S# 1" _A.--::"-~ ..,.. ,~"~..;"......' ~. '-. .',;" - R. Thomas Kline 10/24/2005 KARL LEDEBOHM Sworn and Subscribed to before By: 4~tr/ - pV eputy Sheriff me this day of A.D. Prothonotary VERlFlCA nON I, Lynn Unger, Collections Officer for Members I" Federal Credit Union, being authorized to do so on behalf of Members 1" Federal Credit Union, hereby verify that the statemellls made in the foregoing pleading arC trUe and correct to the best cfmy infonnation knowledge and belief. I understand that false statements are made subject to the penalties of 18 Pa, C,S,A. Section 4904, relating to unsworn falsification to authorities. Members lot Federal Cl.'edit Union 0115 Officer 3 CJ 1"'--.1 0 -.. :''':::'' -" ','-,", 2~; ::;:l , -,. :'1 C ..,'~- -:; '.-J 0-' C:.J , , -" -,1 -:.... C) (.~) Srn C"1 ~.U .. .-<. " MEMBERS 15T FEDERAL CREDIT UNION . NOV 1 7 2005 ! . i/,'f IN THE COURT OF CO~~A8c CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF Vs. NO.: 05-]746 Civil term WILLIAM D. TANNER and SHERRI S. TANNER DEFENDANTS : CIVIL ACTION - LAW : MORTGAGE FORECLOSURE ORDER AND NOW, this U" day of fl/~ , 2005, upon consideration of the Petition for Rule to show cause why the complaint in foreclosure filed by Plaintiff in the above captioned matter (the "Complaint") should not be amended to conform to the evidence pursuant to Pa, R.C.P. 1033 to include a corrected legal description of the property foreclosed, IT IS HEREBY ORDERED that the Order dated October 13, 2005 entered in the above captioned matter is made absolute and the Complaint filed by Plaintiff in the above captioned matter is hereby amended in that the legal description of the mortgaged property attached hereto as exhibit "A" and made part hereof is substituted in place of the erroneous legal description currently attached to the Complaint as exhibit "A" and made part thereof. By the Court: I{-){~ 0) ~ ~. fik -All ;(~lf)./1 ,.,.. " . '-, ,/' '(.... /;:;;-y J.,')""1 \})", iIt " l' ....' ) } ;'} ~~! () -" p ALL THOSE CERTAIN, three tracts of land situate with the improvements thereon erected in North Middleton Township, Cumberland County, Pennsylvania bounded and described as follows: TRACT NO.1 BEGINNING at a stake at the comer of Lot No. 109 of the hereinafter mentioned plan of lots and Conodoguinet A venue; thence North 23 degrees 8 minutes East 100 feet to a stake at comer of Lot No. 109 of said Plan of Lots and land now or formerly of Charles C. Swarner; thence along said land now or formerly of Charles C. Swarner, South 66 degrees 52 minutes East 40 feet to a stake at the comer of Lot No. III of said plan of lots; thence South 23 degrees 8 minutes West 100 feet to a stake at comer of Lot No. III of said plan of lots and Conodoguinet Avenue; thenee along Conodoguinet Avenue, North 66 degrees 52 minutes West 40 feet to the Place of BEGINNING. BEING Lot No. 110, Section 3, of Meadowbrook Park Plan as recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book No.2, Page 38; and being improved with a dwelling house known and numbered a 571 Conodoguinet A venue, Carlisle. TRACT NO.2 ALL THAT CERTAIN tract ofland situate in North Middleton Township, Cumberland County, Pennsylvania, more particularly bounded and described in accordance with survey of Stephen G. Fisher, Registered Surveyor, dated September 10, 1980, as revised March 4. 1981 as follows: BEGINNING at an iron pin at the southwest comer of Lot No. III of Section 3 on the Plan of Meadowbrook Park as recorded in Cumberland County Plan Book 2, Page 38; thence by the dividing line between Lot Nos. III and 110 on the aforementioned Plan of Lots; North 23 degrees 08 minutes East 100 feet to an iron pin at northwest corner of Lot No. 111 on the aforementioned Plan of Lots; thence South 66 degrees 52 minutes East 7.0 feet to an iron pin at comer oflands now or formerly of Norman P. Landry, 1I!, et al.; thence South 21 degrees 59 minutes 15 seconds West 100.02 feet to a railroad spike at comer of lands now or formerly of Norman P. Landry, III, et al.; thence by Conodoguinet Avenue, Township Road T-488, North 66 degrees 52 minutes West 9.0 feet to an iron pin, the place of BEGINNING. BEING the same premises which Norman P. Landry, III, et a!., by deed dated October 4, 1993 and recorded October 7, ]993 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 0-36, page 692, granted and conveyed unto William D. Tanner and Sherri S. Tanner. TRACT NO.3 " ," . .' BEGINNING at an existing iron pin located at the northeast corner of other lands of the grantee; thence along other lands of the grantee North 66 degrees 31 minutes 19 seconds West a distance of 46.86 feet to a point; thence along Lot No.5 of the hereinafter named Subdivision Plan North 21 degrees 46 minutes 48 seconds East a distance of 40.08 feet to an iron pin; thence along lands now or formerly of Snyder LLP, South 69 degrees 38 minutes 39 seconds East a distance of 45.94 feet to an iron pin; thence along Lot No.7 of the hereinafter named Subdivision Plan South 20 degrees 33 minutes 10 seconds West 42.62 feet to an existing iron pin, the point and place of BEGINNING. BEING Lot No.6 on the Preliminary/Final Subdivision Plan for Eagles Crossing Golf Course recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 81, page 149, and containing 1,918 square feet, more or less. BEING a part of the premises which Snyder, LLP by its deed dated December 6,2000 and recorded in Cumberland County Deed Book 236, page 800 granted and conveyed unto William D. Tanner and Sherri S. Tanner. THE ABOVE THREE TRACTS also being the same property which William D. Tanner and Sherri S. Tanner, husband and wife, by their deed dated April 25, 2003 and recorded in the Cumberland County Deed Book 256, Page 3627 granted and conveyed unto William D. Tanner. . MEMBERS I ST FEDERAL CREDIT UNION IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF Vs. NO.: ()~- nl.f (, G"v~\ WILLIAM D. TANNER and SHERR! S. TANNER DEFENDANTS CIVIL ACTION - LAW MORTGAGE FORECLOSURE MEMBERS 1ST FEDERAL CREDIT UNION'S PETITION TO MAKE ABSOLUTE THE RULE TO SHOW CAUSE WHY THE COMPLAINT IN FORECLOSURE FILED BY PLAINTIFF IN THE ABOVE CAPTIONED MATTER SHOULD NOT BE AMENDED TO CONFORM TO THE EVIDENCE PURSUANT TO Pa. R.c.P. 1033 TO INCLUDE A CORRECTED LEGAL DESCRIPTION OF THE PROPERTY FORECLOSED AND NOW, comes Members 151 Federal Credit Union, the Plaintiff in the above captioned matter, by and through its attorney Karl M. Ledebohm, Esquire, and requests that the rule issued by this Court in the form of the Order dated October 13, 2005 upon defendants, William D. Tanner and Sherri S. Tanner (collectively "Defendants"), to show cause why the complaint in foreclosure filed by Plaintiff in the above captioned matter should not be amended to conform to the evidence pursuant to Pa. R.C.P. 1033 to include a corrected legal description of the property foreclosed be made absolute and avers in support thereof as follows: I. This court issued a rule upon Defendant in the form of an Order dated October 13, 2005 in the above captioned matter (the "Order"), a copy of which is attached hereto as exhibit "A" and made part hereof by reference. 2. Plaintiff served notice of entry of the Order and corresponding Petition upon Defendlll1ts in accordlll1ce with the terms of the Order by way of the Cumberland County Sheriff on October 21, 2005. Copies of the Sheriff's Returns are attached hereto collectively as exhibit "B" and made part hereof. 3. The Order specifically required Defendants to file llI1 answer to the corresponding petition (the "Petition") within twenty (20) days of service of the Petition and Order upon Defendants. 4. More than twenty (20) days have elapsed since the date of service of the Petition and Order upon Defendants and, as of the date hereof, Defendants have not filed a response to the Petition in this matter. WHEREFORE, Plaintiff respectfully requests this Court to enter llI1 order: A. Making the Order issued in this matter absolute llI1d amending the Complaint filed by Plaintiff in the above captioned matter to conform the pleading to the evidence by substituting the legal description attached to Plaintiff's Petition as exhibit "B" and made part thereof in place of the erroneous legal description currently attached to the Complaint and marked exhibit "A" and incorporated therein by reference, and; 2 B. Granting such other relief and this Court deems reasonable and appropriate. Respectfully submitted, / --.----- arl M. edebohm, Esq. Supreme Court ID # : 59012 P.O. Box 173 New Cumberland, P A 17070-0173 (717)938-6929 Attorney for Plaintiff 3 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriffs Deed in which Members 1st Federal Cr Un is the grantee the same having been sold to said grantee on the 7th day of December A.D., 2005, under and by virtue of a writ Execution issued on the 8th day of June, A.D., 2005, out of the Court of Common Pleas of said County as of Civil Term, 2005 Number 1746, at the suit of Members 1st Federal Cr Un against William D Tanner & Sherri S is duly recorded in Deed Book No, 272, Page 4113. IN TESTIMONY WHEREOF, I have ~reunto set my hand and s al of said office this /9 day of Coumy, CaI!IsIe, "" . .. the First Monday of Jon..;z 1;)/6 Members 1st Federal Credit Union VS William D. Tanner and Sherri S, Tanner The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2005-1746 Civil Term Cpl. Bryan Ward, Deputy Sheriff, who being duly sworn according to law, states that on September 14,2005 at 8:20 o'clock PM, he served a true copy of the within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendants, to wit: William D. Tanner and Sherri S. Tanner, by making known unto William D. Tanner, personally and husband ofSherri S. Tanner, at 241 Plaza Drive, Boiling Springs, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy ofthe same. William Cline, Deputy Sheriff, who being duly sworn according to law, states that on October 17,2005 at 2:50 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of William D. Tanner and Sherri S. Tanner located at 571 Conodoguinet Ave" Carlisle, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: William D. Tanner and Sherri S. Tanner, by regular mail to their last known address of 241 Plaza Drive, Boiling Springs, P A 17070. These letters were mailed under the date of October 06, 2005 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on December 7, 2005 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Karl M. Ledebohrn for Members 1 st Federal Credit Union. It being the highest bid and best price received for the same, Members 1st Federal Credit Union of 5000 Louise Drive, Mechanicsburg, P A 17055, being the buyer in this execution, paid to SheriffR. Thomas Kline the sum of $2,463.20. Sheriffs Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage Certified Mail $30.00 27.17 30.00 30.00 30.00 10.00 .50 1.00 16.00 5.75 Levy Surcharge Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed 30.00 30.00 1,228.00 890.95 39.33 25.00 39.50 $2,463.20 Sworn and subscribed to before me This ~ <I ~ day of C). ,.... 'f 200', A.D. Prothonotary ,.:~e~s~~~~~ R. Thomas Kline, Sheriff ~ c<V~ ,>0 \,::'v lJ'-v 5} ,40 ~ /73J:>'f ... " MEMBERS I ST FEDERAL CREDIT UNION IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF Vs. NO. 05-1746 Civil Term WILLIAM D TANNER and SHERR! S TANNER DEFENDANTS CIVIL ACTION - LAW MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 Members I" Federal Credit Union, plaintiff, in the above action, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located in North Middleton Township, Cumberland County, Pennsylvania, known and numbered as 571 Conodoguinet Avenue, Carlisle, PA 17013. 1. Name and address of owner( s) or reputed owner( s) William D. Tanner William D. Tanner 571 Conodoguinet Avenue 241 Plaza Drive Carlisle, P A 17013 Boiling Springs, P A 17007 2. Name and address of defendant(s) in the judgment: William D. Tanner 571 Conodoguinet Avenue Carlisle, P A 17013 William D. Tanner 241 Plaza Drive Boiling Springs, PA 17007 Sherri S Tanner 241 Plaza Drive Boiling Springs, P A 17007 Sherri S Tanner 571 Conodoguinet Avenue Carlisle, PA 17013 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold ((Q)[Plf ..... 4. Name and address of the last recorded holder of every mortgage of record Members 1'1 Federal Credit Union 5000 Louise Drive Mechanicsburg, PA 17055 Citifinancial Inc I Valley Street, Suite 103 Carlisle, PA 17013 5. Name and address of every other person who has any record lien on the property: 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 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: Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, PA 17013 Domestic Relations Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 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. Section 4904 relating to unsworn falsification to authorities. Date. 6- 2.- C) S- y ~b~1QQ~ rI M. Ledebohm, Esq. upreme Court ID # 59012 PO Box 173 New Cumberland, PA 17070-0173 (717)938-6929 Attorney for Plaintiff . , MEMBERS 1 S1 FEDERAL CREDIT UNION IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF Vs. NO. 05-1746 Civil Term WILLIAM D. TANNER and SHERRl S TANNER DEFENDANTS CIVIL ACTION - LAW MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OR REAL ESTATE To William D. Tanner 571 Conodoguinet Avenue Carlisle, P A 17013 William D. Tanner 241 Plaza Drive Boiling Springs, P A 17007 Sherri S Tanner 24] Plaza Drive Boiling Springs, P A 17007 Sherri S Tanner 57] Conodoguinet Avenue Carlisle, PA ]7013 Your house (real estate) at 571 Conodoguinet Avenue, Carlisle, PA 17013, as more particularly set forth and described on Exhibit" A" attached hereto and made part hereof, is scheduled to be sold at Sheriff's Sale on September 7, 2005 at ] 0:00 am in the Office of the Sheriff, Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013 to enforce the court judgment of $50, 168.19 obtained by the above named Plaintiff against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action I. The Sheriff Sale will be cancelled if you pay to the above named Plaintiff the amount of the judgment plus costs or the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call Karl M. Ledebohm, Esquire, at (717)938-6929 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered You may also ask the Court to postpone the sale for good cause. 3. You may be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale (See notice below to find out how to obtain an attorney. YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. I. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder You may find out the price bid by calling the Sheriff at the County Courthouse. 2 You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale To find out if this has happened, you may call the Sheriff at the County Courthouse, which number is listed below 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you 6. You may be entitled to a share of the money which was paid for your house A schedule of distribution of the money bid for your house will be filed by the Sheriff on (within thirty (30) days after the Sheriff Sale). This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed by the Sheriff 7 You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (7 I 7)249-3 I 66 or (800)990-9108 The Sheriffs phone number is (717)240-6390 t '~l^ r arl M Ledeliohm, Esquire Supreme Court 1D #59012 P.O. Box 173 New Cumberland, PAL 7070-0 173 (717)938-6929 Attorney for Plaintiff ALL that parcel of land situate in North Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows BEGINNING at an existing iron pin located at the northeast corner of other lands of the Grantee, thence along other lands of the Grantee North 66 degrees 3 I minutes 19 seconds West a distance of 4686 feet to a point; thence along Lot No. 5 of there hereinafter named Subdivision Plan North 21 degrees 46 minutes 48 seconds East a distance of 40.08 feet to an iron pin; thence along other lands of the Grantor South 69 degrees 38 minutes 39 seconds East a distance of 4594 feet to an iron pin; thence along Lot No 7 of the hereinafter named Subdivision Plan South 20 degrees 33 minutes 10 seconds West 4262 feet to an existing iron pin; the point and place of BEGINNING BEING Lot No 6 on the Preliminary/Final Subdivision Plan for Eagles Crossing Golf Course recorded in the Office of the Recorder of Deeds in and for Cumberland County, pennsylvania in Plan Book 81, Page 149, and containing 1,918 square feet, more or less. BEING a part of the premises which Snyder, LLP by its deed dated 12/6/00 and recorded in Cumberland County Deed Book 236, page 800 granted and conveyed unto William D. Tanner and Sherri S Tanner, husband and wife ALSO BEING part of the premises which William D. Tanner and Sherri S Tanner, husband and wife, by their deed dated April 25, 2003 and recorded in Cumberland County Deed Book 258, Page 3827 granted and conveyed unto William D Tanner EXHIBIT A WRIT OF EXECUTlON'and/or ATTACHMENT COMMONWEALTH OF PENNSYL VANIA) COUNTY OF CUMBERLAND) NO 05-1746 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MEMBERS 1 ST FEDERAL CREDIT UNION, Plaintiff (s) From WILLIAM D. TANNER AND SHERRI S. TANNER (I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined nom paying any debt to or for the account of the defendant (s) and fromdehvering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $50,168.19 L.L. $.50 Interest FROM 3/24/05 AT THE RATE OF $5.99 PER DAY TO BE ADDED Atty Paid $134.51 Plaintiff Paid Due Prothy $1.00 Other Costs Arty's Comm % Date: JUNE 8, 2005 CURTIS R. LONG (Seal) prothon~ p 70 ~y. ~ ,,_. 02/2cL.~ Deputy REQUESTING PARTY: Name KARL M. LEDEBOHM, ESQUIRE Address: P.O.BOX 173 NEW CUMBERLAND, PA 17070-0173 Attorney for: PLAINTIFF Telephone: 717-938-6929 Supreme Court ID No. 59012 Real Estate Sale #67 On June 16, 2005 the Sheriff levied upon the defendant's interest in the real property situated in North Middleton Township, Cumberland County, P A Known and numbered as 571 Conodiguinet Ave. Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: June 16,2005 B'f0cdt/ JrvlJ:h Real Estate Deputy 8E :b V 0- Nnr so or ;: i" ~..' , .:i.:lilJ3\',; 'J. , d~ ~ c::;:nl ~ c::=:::t @ v-:N . THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16,1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Ylarkct Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, Connty and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever smce; That the printed notice or publication which is securely attached hereto is exactly as printed and publislied in their regular daily and/or Sundayl Metro editions which appeared in the 25th day(s) of October and the 1st and 8th day(s) of November 2005. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify thlS statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "MOO, Volume 14, Page 317. PUBLICATION COPY e ore me this 23rd day of November 2005 A.D. N01ARIAl. SEAl. lerry l. Russell. Notary Pubiic City of Harris urg. Dauphin County My Commissl n Expires June 6. 2006 ~M'mb'r.p,,, lvanl A .bonnINol.,;.. U~1YP~BLI{~ \IIy conm1ission expires June 6. 2006 Sworn to an , CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A. 17013 ESTATE IIAU......, """"... "'7,2lIlII _ CwmnIl8d to Dec. 7, 2005 Per Instrucllons from Attorney KBrlledabohm Wrft No. 21105-1746 ClvIlTenn Membenl1st Fedaral Credit Union Vs WIlliam D. 1lIn..r and S....... S. Tanner Ally: KBrI Ledabohm DESCRIPY10N . AlL THOSE CERTAlN _ ""'" of land &Ituate With the improvements thereon erected in Nonh Mi_ Thwnsltip, Cumberlmld County. Pennsylvama bounded anddescribed as follows: TIlAcr NO.1: BEGINNING " a _ at the "''''''ofLotNo.109ofthehereinafttzmeotiooed Plan of Lots and Conodoquinet Avenue; thence North 23 degrees 8 minutes East 100 feet to a stake at comer ofLotNo.109 of said Plan olLots and land now or fonnedy of Charles C. Swarner" lheoce ab>g said land _ or flXIllellY ofOlarre; c. s"""", SouIh 66 degIoes 52 _ East 40 fcettoa_.the""""ofLotNo.ll1 ofsaid PIJlD of Lots; tIimce SouIh 23 degreea 8 minure.. ~est IOOfeet to a stake at comerofLotNo. 111 of saJd PJan of Lots and Coilodoquinet Avenue; lheoce along Couodogume, Avenoo, NOJth 66 degree, 52_ West 40 f<et to the Place of BEGINNING. BEING Lot No. 110, Section 3 of Meado..t:mot Part PIan as nlCOlded in the Omce of the ReconIer of Doeds itfand for Cumberland c-y in PIJlD Boot No.2, Page 38, and being unproved with a dwelling JIouse known and -.. 571 C.........,,;.... Avenoe Carlisle M. -~" . TIlAcr NO.2: AlL TIIAT CERrAIN "'"" of land ...... in Nonh Middietoo Township, Cum- berland Coonty, r..usylvaDia, -. JlOttiouIarly bouodc.i and descnbed inllCl>Xdaoce with sor-vey ofSlqlio:aG.Hobo:~Sorvoyo,. 40bI ~1O,_._"".,It.I.. fiJIIows: BEGINNING at an iroopio at the SOUIhwest cornerofLotNo.lI1 of Section 3 00 the Plan of Meadowbrook Park as recorded in Cumberland CoWlty Plan Book 2, Page 38: lheJIce by !be di,jding line b<tween Lot Nos. 11 and 110 00 the aforementiooedPlJlDof1.ots:Nonh23degreeslll minutes East 100 feet to an iron pin at northwest corner of Lot No.lll on the aforementioned Plan of Lots; thence Sooth 66 degrees 52 minutes East 7D feet to an iron pin at comer of lands now or forlllfliy of Noonan P. Landry, m, el aI; tbeoce Soutb.21 degrees 59 minutes 15 seconds West 100.02 feet to a raiIroad spike at comer of lands now or focmerly ofNonnan P. Landry, m, et al.; tbeoce by Conodoquinet Aveo.oo, Township Rood T-488,Nonh 66 degrees 52 _ West 9D f<et to an iron pin,thep1ace of BEGINNING. BEING the same premises which Norman P. LaodIy,m, el aI., by detd dated October 4, 1993 and Je<Olded October 7, 1993 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 0-36. page 692. granted and conveyed unto William D. Tanner and SherriS.Tanner. . . lRACf NO.3: BEGINNING at an exIStIng iron pin located at the northeast comer of other lands of the grantee; thence along o~ lands of the grantee North 66 de-grees 31 nnnutes .l~ seconds West a distance of 46.86 feet to a pomt, thence along lot No.5 of the hm-~ named Subdivision Plan North 21 degrees 46 mmu~ 48 seconds East a distance of 40.08 feet to an lI'OO pin" thence along lands now oc formerly of Snyder uP, South 69 degrees 38 minute~ 39 ~onds East a distance of 4594 feet to an lfOD pm; thence along Lot No.7 of the hereinafter named Subdivision Plan South 20 degrees 33 minutes 10 seconds West 42.62 feet to an existing iron pin,the point and place of BEGINNING. BEING Lot No. 6 00 the Preliminmyil'mal Subdivision Plan for Eagles Crossing Golf Course reconled in the Office of thrRecorder of Deeds in and for Cumberland County ,Pennsylvania in Plan Book '81, page 149, and containing 1918 square feet,moreorless. BEING a part of the premises which Snyder, liP by its deed dated December 6, 2000 and re- corded in Cumberland County Deed Book 236, page 800 granted and conveyed unto William D. Tanoer andSberri S. Thno.... mE ABOVE three tracts also being the ~ propedy whicb William D. Tanoer and Sbeni S. ThnDei husband and wife. by their deed <4ted April is, 2003 and Je<Olded io the CUmberlaod County. Deed Book 256, ... 3627 gl.-I 8Dd "",veyed_WilliamD.~. THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place ofbusilless at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuonslypublished ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sundayl Metro editions which appeared on the 19th and 26th day(s) of July and the 2nd day(s) of August 2005. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verifY this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscella Book "M", Volume 14, Page 317. COpy S ALE #67 PUBLICATION CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 . Statement of Advertising Costs To THE PATRIOT-NEWS CO. For publishing the notice or publication attached hereto on the above stated dates 297.65 REAL ESTATE SALE No. 67 Wrll No. 2005-1746 'CIvIITerm Members 1st Fedenll Credit UnIon v. WOllam D. Tanner and Shan! S. Tannar Atty: Karl M. L_m DESCijl#>TrON AU that parcel....of land situate in North Mi_ TownInp, Cumberland County, Pennsylvania, bounded and ilescribed as follows: BEGINNING at an existing iron pin located at the Nortbeast comer of other Iands-oftbe Granroe, thence along _lands of the Gr.mtee Nodh 66 degrees3fminutes 19 seconds West a distance of 46S6feetto.point; 1llence aIoogLotNo.5 of the hereinafter named Subdivision Plan Nodh 21 degrees 46 minutes 48 seconds East a distance of 4OD8 feet to an iron pin; thence along other lands of the Grantor South 69 degrees 38 minutes 39 seconds Bast a distance of 4594 feet to an iron pin; thence aloog Lot No.7 of the llerei-. named Su1xl.ivisioo Plan Sooth 1.{l degrees 33 minutes 10 seconds West 42.62 feet to an existing iroo pin: lhi point aod plice ofBEGINNlNG. BEING Lot No. 6 00 the PreJimiJwy I Final Subdivision Plan foc Eagles Crossing Golf Course r=rded in the Office of the Reconler of Deeds in and for Cumberl~'l County. Pennsylvania in Plan Book St,Page 149.'and containing 1,918 square feet,moreorless. BEING a part of ~ premises which Snyder, UP by its deed dated 1216.00 aod re<orded in Cumberland Ccunly Deed !looIi. 236, p.ge 800 gootted aod ooo'eyed ooto W1iliam D. Tanoo and SheniS.T8DIIfX,hus~andwife. ALSO BEING part of tilt: premises which W1iIiam D. Thooer and Sherri S. Tanoo, h_ and wile; by 1hcit deed dated April 25,2003 and reconIed in Cumberland Cmmty Deed !looIi. 258, Page 3827 grnnted aod ooo\'eyed ooto W1iIiam D. Tanner. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16,1929), P. 1.1784 COMMONWEALTH OF PENNSYL VANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says 1hat the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the Coun1y and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publica1ion of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactiy the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz October 14, 2005 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing s1atements as to time, place and character of publication are true. S TO AND SUBSCRIBED before me this 14 day of October, 2005 ~A'~/1: ~;A~ l\.T. T'I! . NOi ARIAL SEAL LOIS E. SNYDER, Notary PublIC Carnsle Boro, Cumberland County My Commission EXDlfes March S, 2009 - REAL ESTATE SALE NO. 67 Real Estate Sale No. 67 from the September 7, 2005 list, continued to December 7. 2005 per instructions from Attorney Karl Ledebohm 66 degrees 52 minutes East 7.0 feet to an iron pin at comer of lands now or formerly of Norman P. Landry, III, et at; thence South 21 degrees 59 minutes 15 seconds West 100,02 feet to a railroad spike at comer of lands now or formerly of Norman P. Landry. Ill. et a1.; thence by Conodoguinet Avenue. Township Road T -488, North 66 degrees 52 minutes West 9.0 feet to an iron pin, the place of BEGINNING. BEING the same premises which Norman P. Landry, Ill. et aI., by deed dated October 4. 1993 and recorded October 7, 1993 in the Office of the Recorder of Deeds in and for Cumberland County, Penn- sylvania, in Deed Book 0-36, page 692. granted and conveyed unto William D. Tanner and Sherr! S. Tanner. TRAcr NO. 3 BEGINNING at an existing iron pin located at the northeast comer of oilier lands of the grantee; thence along other lands of the grantee North 66 degrees 31 minutes 19 seconds West a distance of 46.86 feet to a point: thence along Lot No. 5 of the hereinafter named Subdivi- sion Plan North 21 degrees 46 min- utes 48 seconds East a distance of 40.08 feet to an iron pin; thence along lands now or formerly of Snyder LLP, South 69 degrees 38 minutes 39 seconds East a distance of 45,94 feet to an iron pin: thence along Lot No. 7 of the hereinafter named Subdivision Plan South 20 degrees 33 minutes ] 0 seconds West 42.62 feet to an existing iron pin, the point and place of BEGIN- NING. BEING Lot No.6 on the Prelimi- nary /Final Subdivision Plan for Eagles Crossing Golf Course re- corded ill the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania tn Plan Book 81, page 149. and containing 1.918 square feet, more or less. BEING a part of the premises which Snyder, LLP by its deed dated December 6, 2000 and recorded in Cumberland County Deed Book 236. page 800 granted and con- veyed unto William D. Tanner and Sherri S. Tanner. THE ABOVE THREE TRACTS also being the same property which William D. Tanner and Sherri S, Tanner. husband and wife, by their deed dated April 25. 2003 and re- corded in the Cumberland County Deed Book 256, Page 3627 granted and conveyed unto William D. Tan- ner. Writ No. 2005-1746 Civil Members 1st Federal Credit Union vs. Wilham D. Tanner and Sherr! S. Tanner Atty.: Karl Ledebohm ALL THOSE CERTAIN, three tracts of land situate with the improve- ments thereon erected in North Middleton Township, Cumberland County, Pennsylvania bounded and described as follows: TRACT NO. 1 BEGINNING at a stake at the comer of Lot No. 109 of the herein- after mentioned plan of lots and Conodoguinet Avenue; thence North 23 degrees 8 minutes East 100 feet to a stake at comer of Lot No. 109 of said Plan of Lots and land now or formerly of Charles C. Swarner; thence along said land now or for- merly of Charles C. Swarner, South 66 degrees 52 minutes East 40 feet to a stake at the comer of Lot No. 1 ]] of said plan of lots; thence South 23 degrees 8 minutes West ] 00 feet to a stake at comer of Lot No. III of said plan of lots and Con- odoguinet Avenue; thence along Conodoguinet Avenue, North 66 degrees 52 minutes West 40 feet to the Place of BEGINNING. BEING Lot No. 110, Section 3, of Meadowbrook Park Plan as re- corded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book No.2, Page 38; and being improved with a dwelling house known and num- bered a 571 Conodoguinet Avenue, Carlisle. TRACT NO. 2 ALL THAT CERTAIN tract of land situate in North Middleton Town- ship, Cumberland County, Pennsyl~ vania, more particularly bounded and described in accordance with survey of Stephen G. Fisher, Regis- tered Surveyor, dated September. 10, 1980, as revised March 4. 1981 as follows: BEGINNING at an iron pin at the southwest comer of Lot No. III of SectJon 3 on the Plan of Meadow- brook Park as recorded in Cumber- land County Plan Book 2, Page 38; thence by the dividing line between Lot Nos. III and 110 on the afore- mentioned Plan of Lots; North 23 degrees 08 minutes East 100 feet to an iron pin at northwest comer of Lot No. 111 ou the aforemen- tioned Plan of Lots: thence South PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. 1.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the Coun1y and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Vtz: July 15, 22, 29, 2005 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. .-- SWO TO AND SUBSCRffiED before me this 29 day of Julv. 2005 NOTARI SEAL LOIS E. SNYDER, Notary Public Car6sle BolO, Cumberland County My Commission Expires Marcil 5. 2009 ......\ .'.'.l\j; REAL ESTATE SALE NO. 67 Writ No. 2005-1746 Civil Members 1st Federal Credit Union VB. William D. Tanner and Sherri S. Tanner Atty.: Karl M. Ledebohm EXHIBlT A ALL that parcel of land situate in North Middleton Township. Cumber- land County, Pennsylvania. bound- ed and described as follows: BEGINNING at an exisUng iron pIn located at the northeast comer of other lands of the Grantee. thence along other lands of the Grantee North 66 degrees 31 min- utes 19 seconds West a distance of 46.86 feet to a point; thence along Lot No.5 of there hereinafter named Subdivision Plan North 21 degrees 46 minutes 48 seconds East a dis- tance of 40.08 feet to an iron pin; thence along other lands of the Grantor South 69 degrees 38 min- utes 39 seconds East a distance of 45.94 feet to an iron pjn; thence along Lot No.7 of the hereinafter named Subdivision Plan South 20 degrees 33 minutes } 0 seconds West 42.62 feet to an existing iron pin; the point and place of BEGIN- N1NG. BEING Lot No.6 on the Prelimi- nary /F'inal Subdivision Plan for Eagles Crossing Golf Course re- corded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 81, Page 149, and containing 1.918 square feet, more or less. BE1NG a part of the premises which Snyder, LLP by its deed dated 12{6{00 and recorded in Cumber- land County Deed Book 236. page BOO granted and conveyed unto Wi]- liam D. Tanner and Sherr! S. Tanner. husband and wife, ALSO BEING part of the prem- ises which Wflliam D. Tanner and Sherri S, Tarmer, husband and wife. by their deed dated April 25. 2003 and recorded In Cumberland County Deed Book 258, Page 3827 granted and conveyed unto William D. Tan- ner.