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Home My WebLink About01-2620 FX G-'-'-t... ~ > Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO, 0 J_.:.LI...:L-o CM.rJ J..t.- MEMBERS FIRST FEDERAL CREDIT UNION, v, MICHAEL p, MCLAIN AND DEBORAH A. MCLAIN, Defendants : CIVIL ACTION - LAW : COMPLAINT IN ASSUMPSIT THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATIEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT, ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT, NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are wamed that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the 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 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, 1 , . MEMBERS FIRST FEDERAL CREDIT UNION, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : NO, v. MICHAEL p, MCLAIN AND DEBORAH A. MCLAIN, Defendants : CIVIL ACTION - LAW : COMPLAINT IN ASSUMPSIT NOTICIA Le han demandado a usted a la corte, Si usted quiere defenderse en contra estas demandas expuestas en las paginas siguientes, usted tien veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion, Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra suya, Se ha avisado que si usted no se defienda, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda, USTED PUEDE PERDER DINERO 0 PROPIEDADES 0 OTROS DERECHOS IMPORTANTES PARA USTED, LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE, SI USTED NO TIENE 0 CONOCES UN ABOGADO, VA Y A EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. 2 "tlJJ~; , """ ,_, , "-'~I,"~:-! ,~ ,.", .'~ 0'1 -II 7" ~'-"-" ~-,-~" "..,-~-, ~-~-- " Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO, 0 I - ;)..(. J..D ~ J Lv- MEMBERS FIRST FEDERAL CREDIT UNION, v, MICHAEL p, MCLAIN AND DEBORAH A, MCLAIN, Defendants : CIVIL ACTION - LAW : COMPLAINT IN ASSUMPSIT COMPLAINT AND NOW, comes Plaintiff, Members I sl Federal Credit Union, by its attomeys, Saidis, Shuff, Flower and Lindsay, and files this Complaint, alleging in support thereof the following: 1. Plaintiff Members 1st Federal Credit Union ("Members 1st"), is a banking organization with a principal regional office located at 5000 Louise Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055, 2, Defendant Michael p, McLain, is an adult individual, having an address of 5592 Byrnland Street, Fitchburg, Wisconsin 53711 and Defendant Deborah A. McLain, is an adult individual, having an address of 7123 Jackson Street, Mentor, Ohio 44060-5060, Defendants Michael p, McLain and Deborah A. McLain are referenced to herein collectively as "Defendants", 3, On or about November 14, 1997, Defendants borrowed from and agreed to repay to Members 1 st the sum of One Hundred Fifty-Four Thousand Two Hundred Forty and 00/1 00 Dollars ($154,240,00) ("Loan A"). As security for Loan A, Defendants executed and delivered to Members I sl a mortgage ("Mortgage A") on that tract of land together with the buildings and improvements erected thereon owned by Defendants and known as III Round Ridge Road, Mechanicsburg, Cumberland County, Pennsylvania 17055 ("Property"), A copy of the Note evidencing Loan A ("Note A") is attached hereto, made a part hereof and marked Exhibit "A", 3 :,:1>".". -p ,,""- '-,'1-', " 1 " ~ 4, On November 19, 1997, Mortgage A was recorded in the Office of the Recorder of Deeds of Cumberland County in Mortgage Book 1417, Page 274, A copy of Mortgage A is attached hereto, made a part hereof and marked Exhibit "B", 5. On or about November 14, 1997, Defendants borrowed from and agreed to repay to Members 1 st the sum of Nineteen Thousand Three Hundred Twenty and 00/100 Dollars ($19,320,00) ("Loan B"), As security for Loan B, Defendants executed and delivered to Members 1st a mortgage ("Mortgage B") on the Property, A copy of the Note, evidencing Loan B ("Note B") is attached hereto, made a part hereof and marked Exhibit "C", Note A and Note B are collectively referred to herein as the "Notes", Mortgage A and Mortgage B are collectively referred to herein as the "Mortgages", 6. On November 19, 1997, Mortgage B was recorded in the Office of the Recorder of Deeds of Cumberland County in Mortgage Book 1417, Page 281. A copy of Mortgage B is attached hereto, made a part hereof and marked Exhibit "D", 7, Defendants have been and are in default of Defendants' obligations to Members 1st under the Mortgages and Notes for, inter alia, failure to make payments as required in the Notes, 8. As a result of Defendants' defaults, and upon Defendants' request, Members 1st agreed to forbear from the exercise of its rights and remedies under the Mortgages and the Notes against Defendants under the terms and conditions set forth in the Forbearance Agreement dated February 9, 2000 (the "Forbearance Agreement"), A copy of the Forbearance Agreement is attached hereto and incorporated herein by reference as Exhibit "E", 9. Under the terms and conditions of the Forbearance Agreement and in exchange for Members 1 st, s agreement to forbear in the exercise of its rights under the Mortgages and the Notes, 4 ;'l'!if!!~, f-I '1," - I I' ~- . , Defendants executed and delivered to Members 1 st a deed-in-lieu of foreclosure conveying the Property to Members 1st. 10, Members 1st marketed the Property and sold the Property at a purchase price of One Hundred Seventy-Six Thousand and 00/100 Dollars ($176,000,00) on June 12,2000, A copy of the HUD-1 Settlement Statement dated June 12,2000, evidencing the sale of the Property is attached hereto and incorporated herein by reference as Exhibit "F", 11. Under the terms and conditions of the Forbearance Agreement, Defendant's are obligated to provide any and all financial information concerning Defendant's financial condition to Members 1 st and to reach an agreement with Members I st and to execute any and all documents required by Members I st for the repayment of any deficiency due to Members 1 st under the Notes and the Mortgages up to $10,000.00 within thirty (30) days of Members 1 st written notice to the Defendants of the amount of the deficiency due to Members 1 st, 12, Pursuant to the terms and conditions of the Forbearance Agreement, Members 1st forwarded to Defendants the letter dated June 20, 2000 (the "Notice") via certified and regular mail notifying Defendants of the deficiency due to Members 1 st after the sale of the Property as of June 20,2000 in the amount of Ten Thousand and 00/100 Dollars ($10,000,00) (the "Deficiency") and requiring Defendants to subrnit to Members 1 st any and all personal financial information required by Plaintiff and to reach an agreement and to execute any and all documentation required by Members 1 st concerning the repayment of the Deficiency within thirty (30) days of the Notice, A copy of the letter dated June 20, 2000 is attached hereto and made part hereof by reference as Exhibit "G", Copies of postal forms 3800 and 3817 evidencing the mailing of said letter are attached hereto and made part hereof by reference as Exhibit "G", Copies of postal forms 3811 5 1,,- I""" " -'"- 1 I '",- ~ , evidencing the Defendants' receipt of said letter are attached hereto and made part hereof by reference as Exhibit "H", 13, Defendant's failed to submit any of the financial information required by Members I st or to reach an agreement for the repayment of the Deficiency as required under the terms and conditions of the Forbearance Agreement and Members 1st, by letter dated October 11,2000 (the "Demand") and forwarded to Defendant's, demanded the immediate payment of all amounts due to Members 1st under the Forbearance Agreement. A copy of the Demand is attached hereto as Exhibit "I" and made part hereof, 14, As of the date hereof, Defendants have failed and continue to fail to pay to Members I st all of the amounts due to Members 1 st under the Forbearance Agreement. 15, In addition to the $10,000,00 Deficiency, Defendants are obligated under the terms and conditions of the Forbearance Agreement to pay to Members 1st interest on the Deficiency at the rate provided in Note "A" as well as attorney fees and costs incurred by Members 1st in connection with or arising out of Defendant's defaults under the Forbearance Agreement and in connection with the preparation and filing of this complaint. 16, As of April 17, 2001, the amount due to Plaintiff by Defendants is calculated as follows: a, Principal: $ 10,000,00 b, Interest to April I 7, 200 I : $ 399.18 c, Legal fees and costs $ 2.060.00 d, Total due to Members I st as of April 17, 2001: $ 12,459.18 17, As set forth above, Plaintiff has made demand upon Defendants herein to pay to Members 1st all amounts due under the Forbearance Agreement. However, Defendants have 6 , "'-/''''~' , , "-, .,., I' . -,. ~ refused and failed and continue to refuse and fail to make payment to Plaintiff as required under the Forbearance Agreement. 18, Interest continues to accrue on the above referenced obligation at the rate of $2,12 per day and legal fees and costs continue to accrue on the above referenced obligation, WHEREFORE, Plaintiff, Members 1st Federal Credit Union, respectfully requests this Honorable Court to enter judgment in its favor and against Defendants, Michael p, McLain and Deborah A. McLain, in the amount of twelve thousand, four hundred fifty nine dollars and eighteen cents ($12,459.18) together with interest at the rate set forth in Note "A" including, on or after the entry of judgment, additional reasonable legal fees and costs, Respectfully submitted, SAIDIS, SHUFF, FLOWER & JLINDSAY ""'. i/~1 (0/ By: arl , Ledebohm, Esquire upreme Court ill #59012 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 Attomey for Members ,1 st Federal Credit Union 7 'f""l!" _ c.- ~" _ "r- ."0.' -~ I I ~~ AP# MCLAIN 170925 LN# 1 7 0 9 2 5 - 0 1 NOTE November 14. 1997 [Date] M E C H A N I C S BUR G [City] Pennsylvania [State] 111 R 0 U N D R r D G ERa AD. M E C H A N I C S BUR G . PAl 7 0 5 5 [Property Address] 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S, $ "principal "), plus interest, to the order of the Lender, The Lender is UN ION I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of principal has been paid, I will pay interest at a yearly rate of 7 . 7 5 0 D %, The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of this Note, 3, PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making payments every month, I will make my monthly payments on the 1 s lIay of each month beginning on J a n u a r y 1. 1 9 9 8 I will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note, My monthly payments will be applied to interest before principal, If, on D e c e m b e r 1. 2 0 2 7 , I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "maturity date." I will make my monthly payments at P.O. I 5 4 . 2 4 0 . 0 D (this amount is called MEMBERS 1ST FEDERAL CREDIT Note Holder. (B) Amount of Monthly Payments My monthly payment will be in the amount ofU,S, $ 1, 105. 0 D 4. BORROWER'S RIGlIT TO PREPAY I have the right to make payments of principal at any time before they are due, A payment of principal only is known as a "prepayment." When I make a prepayment. I will tell the Note Holder in writing that I am doing so, I may make a full prepayment or partial prepayments without paying any prepayment charge, The Note Holder will use all of my prepayments to reduce the amount of principal that I owe under this Note, If I make a partial prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes, 5. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the pennilled limits, then: (i) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (ii) any sums already collected from me which exceeded pennilled limits will be refunded to me, The Note Holder may choose to make this refund by reducing the principal I owe under this Note or by making a direct payment to me, If a refund reduces principal, the reduction will be treated as a partial prepayment , BOX 40, MECHANICSBURG. PA 17055 or at a different place if required by the MUL TIST A TE FIXED RATE NOTE-Single FamiIy-FNMA/FHLMC UNIFORM INSTRUMENT ISCICNOP*IIOI95/3200(1283)-L Page 1 00 Fonn 3200 12/83 Exhibit "A" ~~",_1J.-,_ ~,' ,-I -1 " ~~ -.... ~- AP# MCLAIN 170925 LN# 170925-01 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the fult amount of any monthly payment by the end of 15 dafundar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge wilt be 5 . 0 0 0 0 % of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay the fult amount of each monthly payment on the date it is due, I will be in default. (C) Notice of Default If I am in default, the Note Holder may send me a written notice telling m"e that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of principal which has not been paid and all the interest that I owe on that amount, That date must be at least 30 days after the date on which the notice is delivered or mailed to me, (D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time, (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in fult as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees, 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address, Any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address, 8, OBLIGATIONS OF PERSONS UNDER TInS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things, Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together, This means that anyone of us may be required to pay all of the amounts owed under this Note, 9, WAIVERS I and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor, "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid, 10. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. iii addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note, That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note, Some of those conditions are described as foltows: MUL TIST ATE FIXED RATE NOTE-Single Family-FNMAlFHLMC UNIFORM INSTRUMENT ISCICNOT**11019513200(I283)-L Page 2 00 Fonn 3200 12183 ,~", - ~" ", F'.' - -, , ~ ~--~ .' ,~ I,' ~ - AP# MCLAIN 170925 LN# 1 7 0 9 2 5 . 0 1 Transfer of the Property or a Beneficial Interest in 'Borrower, If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security. Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleration, The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower, BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in pages I through 3 of this Note, WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED, d~d~ 'Jv,"4.o;t 1-, c.I ~- (Seal) MICHAEL M'dLA I N -Borrower D.u~a. /.rt~, @Y Nfl/, ~1/.toJQf (Seal) DEB 0 R A HAM C L A I N I" ri"q ~ -~rr~ (Seal) -Borrower (Seal) -Borrower [Sign Original Only] MULTISTATE FIXED RATE NOTE-Single Family-FNMAIFHLMC UNIFORM INSTRUMENT ISC/CNOT**110195/3200(l283)-L Page 3 00 Form 3200 12/83 'L,,!,!" , _,' ',. , _'1" ~r ., , 'I"T " . I , 3nec e. , ,Ill . -}."1 AFTER RECORDING MAIL TO: MEMBERS 1ST FEDERAL CREDIT UNION P.O. BOX 40 MECHANICSBURG. PA 17055 \ :-: :;' :: ~ I :'. :;:: ~ ~:: ;.: :":; .:(~,:;;)~:~~ Or D:.tDS "~,j::~L~\;ljD COU~H'(-f':. '9'1 NO\l19 A 1'1 10 51 LOAN :-/0. 1 7 0 9 2 5 - 0 1 [Space Above This Line For Recording Data) MORTGAGE THIS MORTGAGE ("Security Instrument") is given on N 0 v em b e r 1 4, 1 9 9 7 ,The mortgagor is MICHAEL MCLAIN and DEBORAH\ A MCLAIN MEMBERS 1ST FEDERAL CREDIT UNION, 'which is organized and existing under the laws of THE UN I TED S TAT E S 0 F AM E R I C A , and whose address is P . O. BOX 4 0, M E C H A N [ C S BUR G, PAl 7 0 5 5 ("Lender"), Borrower owes Lender the principal sum of One Hundred Fifty Four Thousand Two Hundred Forty Dollars and no/100 Dollars (U .S, $ I 5 4 , 240 . 0 0 ), This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on 0 e cern b e r 1, 2 0 2 7 ,This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the perfotmance of Borrower's covenants and agreements under this. Security Instrument and the Note, For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located in Cum b e r I and . County, Pennsylvania: ("Borrower"), This Security Instrument is given to SCHEDULE "A" ATTACHEO which has the address of Pennsylvania 111 ROUNO R r DGE [Street] ("Property Address"); ROAD MECHANICSBURG (City) 17055 [Zip Codej _ .... TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property, All replacements and additions shall also be covered by this Security Instrument, ,All of the foregoing is referred to in this Security Instrument as the "Property, " BORROWER COVENANTS 'that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands. subject to any encumbrances of recora. PENNSYL v oI..'lIA-SINGLE FAMIL Y-FmWFHLMC UNrFORM INSTRIJ1'II:EN'T ISCICMDTPAII039113039(9-901-L PAGE I OF 6 Bood417~AGt 2'74 FORM 3039 9/90 Exhibit ''E" ~l1UlM ~I ,.--' l' .., ~.~~ I LOAN NO, 1 7 0 9 2 5 - 0 1 THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with linuted variations by jurisdiction to constitute a uniform security instnunetlt covering real property. UNIFORM COVENANTS, Borrower and Lender covenant and agree as follows: 1. Payment <If Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due the principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note, 2, Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pay to Lender on the day monthly payments are due under the Note, until the Note is paid i~ full, a sum ("Funds") for: (a) yearly taxes and assessments which may attain priority over this Security Instrument as a lien on the Property; (b) yearly leasehold payments or ground rents on the Property, if any; (c) yearly hazard or property insurance premiums; (d) yearly flood insurance premiums, if any; (e) yearly mortgage insurance premiums, if any; and (f) any sums payable by Borrower to Lender, in accordance with the provisions of paragraph 8, in lieu of the payment of mortgage insurance premiums, These items are called "Escrow Items," Lender may, at any time, collect and hold Funds in an amount not to exceed the maximum amount a lender for a federally related mortgage loan may require for Borrower's escrow account under the federal Real Estate Settlement Procedures Act of 1974 as amended from time to time, 12 U,S,C, ~ 2601 et seq, ("RESPA "), unless another law that applies to the Funds sets a lesser amount. If so, Lender may, at any time, collect and hold Funds in an amount not to exceed the lesser amount. Lender may estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with applicable law, The Funds shall be held in an instimtion whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is such an institution) or in any Federal Home Loan Bank, Lender shall apply the Funds to pay the Escrow Items, Lender may not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge, However, Lender may require Borrower to pay a one.time charge for an independent real estate tax reporting service used by Lender in connection with this loan, unless applicable law provides otherwise, Unless an agreement is made or applicable law requires interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds, Borrower and Lender may agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds, showing credits and debits to the Funds and the purpose for which each debit to the Funds was made, The Funds are pledged as additional security for all sums secured by this Security Instrument, If the Funds held by Lender exceed the amounts permitted to be held by applicable law, Lender shall account to Borrower for the excess Funds in accordance with the requirements of applicable law, If the amount of the Funds held by Lender at any time is not sufficient to pay the Escrow Items when due, Lender may so notify Borrower in writing, and, in such case Borrower shall pay to Lender the amount necessary to make up the deficiency, Borrower shall make up the deficiency in no more than twelve monthly payments, at Lender's sole discretion, Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender, If, under paragraph 21, Lender shall acquire or sell the Property, Lender, prior to the acquisition or sale of the Property, shall apply any Funds held by Lender at the time of acquisition or sale as a credit against the sums secured by this Security Instrument. 3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under paragraphs I and 2 shall be applied: first, to any prepayment charges due under the Note; second, to amounts payable under paragraph 2; third, to interest due; fourth. to principal due; and last, to any late charges due under the Note, 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable (0 the Property which may attain priority over this Security Instrument, and leasehold payments or ground rents. if any. Borrower shall pay these obligations in the manner provided in paragraph 2, or if not paid in that manner, Borrower shall pay them on time directly to the person owed payment, Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph, If Borrower makes these payments directly, Borrower shall promptly furnish to Lender receipts evidencing the payments. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactoty to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien, Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice, 5. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage" and any other hazards, including floods or flooding, for which Lender requires insurance, This insurance shall be maintained in the amounts and for the periods that Lender requires, The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above, Lender may, at Lender's option. obtain coverage to protect Lender's rights in the Property in accordance with paragraph 7. PENNSYLVANIA-SINGLE FAMILY-FNMA/FHLMC UNIFORM INsrRUMENT ISC/CMDTPAI/0391/3039(9-9Q)-L PAGE 2 OF 6 -';JL~~~ ,,_~.-", V_or. 'I, ., FORM 3039 9/90 BOOK 1417 PAGE. 275 ,. - LOAN NO.1 7 0 9 2 5 - 0 1 All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause, Lender shall have the right to hold the policies and renewals, If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices, In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender, Lender may make proof of loss if not made promptly by Borrower, Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property damaged, if the restoration or repair is economically feasible and Lender's security is not lessened, If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower, If Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may collect the insurance proceeds. Lender may use the proceed, to repair or rcstore the Property or to pay sums secured by this Security Instrument, whether or not then due. The 30-day period will begin when the notice is given. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of the payments, If under paragraph 21 the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. 6. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate, or commit waste on the Property. Borrower shall be in default if any forfeiture action or proceeding, whether civil or criminal, is begun that in Lender's good faith judgment could result in forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument or Lender's security interest, Borrower may cure such a default and reinstate, as provided in paragraph 18, by causing the action or proceeding to be dismissed with a ruling that, in Lender's good faith determination, precludes forfeiture of the Borrower's interest in the Property or other material impairment of the lien created by this Security Instrument or Lender's security interest, Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease, If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the tne<'gerin writing. 7. Protection of Lender's Rights in the Property, If Borrower fails to perform the covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulations), then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lender's actions may include paying any sums secured by a lien which has priority over this Security Instrument, appearing in court, paying reasonable attorneys' fees and<entering on the Property to make repairs, Although Lender may take action under this paragraph 7, Lender does not have to do so, Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable. with interest, upon notice from Lender to Borrower requesting payment. 8. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If, for any reason, the mortgage insurance coverage required by Lender lapses or ceases to be in effect, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the mortgage insurance previously in effect, from an alternate mortgage insurer approved by Lender. If substantially equivalent mortgage insurance coverage is not available, Borrower shall pay to Lender each month a sum equal to one-twelfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect, Lender will accept, use and retain these payments as a loss reserve in lieu of morigage insurance. Loss reserve payments may no longer be required, at the option of Lender, if mortgage insurance coverage (in the amount and for the period that Lender .requires) provided by an insurer approved by Lender again becomes available and is obtained, Borrower shall pay the premiums required to maintain mortgage insurance in effect, or to provide a loss reserve, until the requirement for mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable law, 9.. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property, Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection, 10. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. PENNSYLVANIA-SINGLE FAMILY-FNl'>WFHLMC UNtFORM INSTRUMENT ISCICMDTPAII039tI3039(9-90J-L PAGE 3 OF 6 Bood417 PAGE. 276 FORM 3039 9/90 ""0-, ,._ ~,~, ," ,- " I"""~ - "-, . I - ~~ - LOAN NO, I 7 0 9 2 5 - 0 I In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security Inmument, whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the taking, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the taking, divided by (b) the fair market value of the Property immediately before the taking. Any balance shall be paid to Borrower, In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is less than the amount of the sums secured immediately before the taking, unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides, the proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due, Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs I and 2 or change the amount of such payments, 11, Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrrower's successors in interest, Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest, Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 13. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded pennitted limits will be refunded to Borrower, Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower, If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note, 14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender, Any notice to Lender shall be given by first class mail to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 15. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located, In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision, To this end the provisions of this Security Instrument and the Note are declared to be severable, 16. Borrower's Copy. Borrower shall be given one confonned copy of the Note and of this Security Instrument. 17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument, However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleration, The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower, PENNSYLV ANIA-5INGLE FAMIL Y-FNMAIFHLMC UNIFORM INSTRUMENT ISC/CMDTPA//0391/3039(9-90)-L PAGE 4 OF 6 BOOK 1417 PAGE. m FORM 3039 9/90 \', " LOAN NO, 1 7 0 9 2 5 - 0 1 18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Security Instrument; or (b) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (~) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees; and (d) takes such action as Lender may reasonably require to assure that the lien of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred, However, this right to reinstate shall not apply in the case of acceleration under paragraph 17, 19. Sale of Note; Change of Loan Servicer. The Note or a partial interest in the Note (together with this Security Instrument) may be sold one or more times without prior notice to Borrower, A sale may result in a change in the entity (known as the "Loan Servicer") that collects monthly payments due under the Note and this Security Instrument, There also may be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change in accordance with paragraph 14 above and applicable law, The notice will state the name and address of the new Loan Servicer and the address to which payments should be made, The notice will also contain any other infoJJlllltion reqyired by applicable law, . 20. Hazardous"Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property, Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property, Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private ParlY involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law, As used in this paragraph 20, "Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides. volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials, As used in this paragraph 20, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection, NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 21. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraph 17 unless applicable law provides otherwise). Lender shall notify Borrower of, among other things: (a) the default: (b) the action required to cure the default: (c) when the default muo"t be cured; and (d) that failure to cure the default as specified may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property . Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence ofa default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 21, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by applicable law. 22. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void, After such occurrence, Lender shall discharge and satisfy this Security Instrument without charge to Borrower, Borrower shall pay any recordation costs, 23. Waivers. Borrower, to the extent permitted by applicable law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption, PENNSYLVANIA-SINGLE FAMILY-FmWFHLMC UNIFORM INSTRUMEmBOOM1417 rAGL .278 ISC/CMDTPA//0391/3039(9-90)-L PAGE 5 OF 6 FORM 3039 9190 ).~ ~,' 1"1 I "" ",,~~,A LOAN NO, 1 7 0 9 2 5 - 0 1 24. Reinstatement Period. Borrower's time to reinstate provided in paragraph 18 shall extend to one hour prior to th~ commencement of bidding at a sheriff s sale or other sale pursuant to this Security Instrument. 25. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Propeny. this Security Instrument shall be a purchase money mortgage. 26. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note, 27, Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument. [Check applicable box(r}!Adjustable Rate Rider 0 Condominium Rider 01--4 Family Rider o Graduated Payment Rider o Planned Unit Development Rider o Biweekly Payment Rider o Balloon Rider 0 Rate Improvement Rider 0 Second Home Rider OOther(s) [specifyl BY SIGNING BELOW, Borrower accepts and agrees to the tenus and covenants contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with it, ;t:L;;< ~ Jv.uM 1.", ~ ' MICHAEL MCLAIN (Seal) .Jlom>wo, Social Security Number 2 3 3 . 8 0 - 0 1 2 3 (Seal) -Borrower ~a ' ")}1 c.1-- DEBORAH A MCLAIN Social Security Number Social Security Number rnJ IJott A-<TOtl-W (Seal) . -Borrower (N ~"'t.A ~ p."M't- 234 - 8 4 - 5 6 0 3 (Seal) -s_ Social Security Number [Space Below This Line For Acknowledgment] Certificate of Residence I, Mortgageeis P.O. BOX 40. Witness my hand this 14th , do hereby certify that the correct address of the within-named MECHANICSBURG. PA 17055 dayof Nove.mber. 1997. I) Agent of Mortgagee COMMONWEALTH OF PENNSYLVANIA, ~o..--.<-.""'- Countyss: On this, the 14th day of November 1997 , befor; me, the undersigned office).. person~ly allpeared . MICHAEL MCLAIN and DEBORAH A MCLAIN,~'-fv.-<..~-...p.,.....,..-a:d, f~....Lrf1~CJ-l,...,V known to me (or satisfactorily proven) to be the person whose names aresabscribed to the within instrument and acknowledged that the Y executed the same for the purposes herein contained. IN WITNESS WHEREOF. I hereunto set my hand and official s NOTARIAL SEAL DEBORAH K. O'HOllERAN,Notary Publlo Baro cfCamp Hill, Cumberland County MyCOli1~n_~;'(Pires Feb. 19. 2000 My Commission expires: ::,'i;?I~?~n.; ~" , i i;:''''''' -' ,. ,.,<ileJl)~fIicer ......,~,.,t'.tI. " . .......',. . .' '-,' ~~'l '-I . . ,...,97 Jif:"""~~'i;;~ :~j:;i;t.~~,u.r:-'" : \ ,:;'.i:;~.~'::: ;~'JJ'<?i.;~- f t- ~ .~'ll.. ,',~ .v-.r.~~~ ' : -Q.: :" PENNSYL VAll/lA-SINGLE FAMIL Y-FlI/MA/mLMC UNIFP~'~m~",.:-1l00k 1417 rAGe. ISC/CMDTPAf/0391/3039(9-90l-L' ""',:..~t#1fJ.:e"'f:~o.i" . I., -~."'"~"'~" 2'i9 FORM 3039 9/90 "'-"'71!~i!l!1i -- , ~ -" ~, "I """'=" , SCHEDULE C PROPERTY DESCRIPTION The land referred to in this Commitment is described as follows: ALL THAT CERTAIN lot or tract of land situate on the Easterly right-of-way line of Round Ridge Road in the Township of Upper Allen, County of Cumberland, Commonwealth of Pennsylvania, known and numbered as Lot No, 154, on a final plan of Bowman's Hill, Phase III recorded in the Office of the Recorder of Deeds, in and for Cumberland County in Subdivision Plan Book 65, Page 39, more fully bounded and described as follows, to wit: BEGINNING at a point on the easterly right-of-way line of Round Ridge Road at a comer of Lot No. 153 on said Plan; thence extending along the right-of-way line of Round Ridge Road Nonh twenty-three (23) degrees West, having a distance of thiny-two and fifty-six one hundredths (32.56) feet to a point; thence on a line curving to the right having a radius of four hundred seventy-five (475) feet, an arc distance of fifty-four and twenty-eight one-hundredths (54,28) feet to a point; thence Nonh sixteen (16) degrees, twenty-six (26) minutes, fifty-five (55) seconds West, having a distance of sixteen and forty-five one-hundredths (16.45) feet to a point; thence Nonh seventy-three (73) degrees, thiny-three(33) minutes, five (5) seconds (erroneously states as ten (10) seconds in prior deed) East, having a distance of one hundred eight and sixty-nine one-hundredths (108,69) feet to a point; thence South eighteen (18) degrees, thirty-one (31) minutes, ten (10) seconds East, having a distance of ninety and ninety-eight one-hundredths (90,98) feet to a point; a comer of Lot No, 153 on said Plan; thence along Lot No. 153 South sixty-seven (67) degrees West, having a distance of one hundred five and eighty-five one-hundredths (105.85) feet to a point and place of BEGINNING. UNDER AND SUBJECT, NEVERTHELESS, to the same conditions, restrictions, exceptions and reservations as exist by vinue of prior recorded instruments, deeds and conveyances, BEING THE SAME premises which S & A Custom Built Homes, Inc, a Pennsylvania Corporation by deed dated January 2, 1997 and recorded January 13, 1997 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Book 151, Page 1059 granted and conveyed unto Hauben Homes, Inc., Grantor herein, AL T A C\lmmitment Schedule C State of PennSylvania ~ounly of Cumberland} 86 ec r. edln~h ff' ec', and f .7J.;..,~ce for the recording of D d in Boo merland County. Pa ea s witn ss y han~...YL. - Pag;q]~ C"" ~.mti:;:;~7 ~!!t? .- ~corde Bood417PAGt 280 .,,.,. ." I'rr' , "'1' ."<" I.T ~,. "~. ,. M~11Xl~~Nt~ 'Cl.08tD.~Nb NOl" O\,c:\.OSU"~. 1.0"N ANO a!'CUAITV Aa.'U;;IMf.'I1n rotn.i'iij~;,...... ......;.,;"iV~~ ..-.., .".,,,,,,, MCLAIN. 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",,11'1''''1111,', ~;;~,~~~~'r~~I~.;'~::;~:' ~~~:~~~~~~':'~"I'~:;~':: ';I';;:;I;:;~';;;:;:;~":;""~;':;I ~~~~..::~~~~~ :~'::r~~";~'n'i:'n:~..G'~~~lt~I~'~~ ~,~.j~',I:: "I.:;~~:;r '"'''M,''' tfIo'A''''''''' "'II, 1"1. .11'..~'""',! Ot ...UI< 111(' ,n~4""t'..-r' 1""",,,fJI,II,.. r"U"""'"t,..........'''I.dll.nl,',,,hll\OI'r.C''''ln''1fW.''''dl..''oI,OIl1f1ffilr.. :;IV;~'-::.:dlit~~~~.;~:j~~~;I:~r:..,~~:';'....;~~,;;~'~,;~:~,~~I,';'r' .:!,~~I ;:~ ~:~~'::' :"~::'~I:' :'~~,~.;;::..~~'~:..~~:.~l:at~I(;:.~-::::~~~ ~;~~'v' 1I'I~d,.t^.41,"....I.."!r.ITt1.!"',I.._lIlet"'.1n""....[''',.......,.''''''ld..llt'l". II "(If, A'" h"',,,,~ ""(1('-"1...' ".111\<' Mr""'''y..".1 nr.II"~'h"" .'':X Il~'~ :'~,;..r::II~~ ~':!: ~~~~':;~Z~ ~:~~;~II~" r,l)II...I"'ftl.... 'l." .....-"'1, .. II II......... "'..... !I,"" "nr"'''.....r. n,,' ""I'f1."""'."""""'~"~ ..n.."'......" ".., 1"1.., ..'''I ~..~II'IIl. """" bnl~!lI ("1"..11, 'I)OIf."'M<fII.. I" r.II',~ lh..I.."~atlh'/I ~Q'''~'"'''II ;"'\~I~:~lf~~~'I~II~~~";':~~~~~~I' Illl..1tt"''' h,,1 "'Y I'""rut.... AlOO!'1l3 80-d ,<,,~ 1" :"" ': ,0, ~"<~,,: "__ ",~_, :;' ... \ \.-- . 170'l{)!5-i! rj-' ". /- [MORTGAGE] l".....- HII.SMORTGAGEi'!;made1his., , ,~4rH. day or. . .~OY.EMB.ER.",..""._... ......... ,.. Iii J;1} . . tn:tw.=t::n thl! Mnrt.aRDt. _ _MIC.HAE.L ",;... . rtIC.l~ IN .t, ,DE8.Q9AH . A.., ,MC.I..IU.N . . . . .. . . . . _ . . _ , . . . . . . , . , . . 1herein "8un,\\IIef." ,nd Ihl': Mnr1Bl&ee.... .. . . .. .. . . . ... . ... . . ~~~,R:~~ ~~r.r:r:,~F:~~~.<;'I:"~~Jr.l!~~........."......,......, B.C:orporaUonorsanl;tcr:hnd . . THE FEDERAL CREDIT t1J11I0N ACT l'~I\I1nlt under !hc la"~ ur . , . siniu i.oliI5k'DlUvi"M~CliANitSitJiic:;A iioJj' , , . . , , . . .... . . .. .. . . ... . . . . . ....hose .ddreI11l. . . . ,............ . -.. .... , ... - -..... . ...... ,........., , "..... .... ........ . _ . .. , , , .. . . .. . . ... ,... . ' . . , , .... . , , .. . , , ' . . . . . . . (hcrcll'l'.Lendu"). Wtlf'.RrAS. ROrTDWl':r l!i indehted Ie) L.t<nduin lheprh,dpal !ilJ~' U,S. $ . .~'.I.J~P...OP. -..... . .... ...... . whi<h 1.",b"dm,l. "'d,n,,,d ~y .,,,,.w.,'. n." da..d . .H.- :J ~:_ _ _. . . _: ., . . ..dnl<.,l....nd "....... IhNCOf therein "Nule"), prcwidlnl for m&Jnlhly InSlallmentl ur tinclpal and mlerl!:ll, ..Ith Ihe blll.nee of' the imkhtednc!i,.i(nllt5\I\merpaid.dueand payahleon ..... .~. .--:~. .-.Q?......,..,,; To SRlIRJ- to l...:mIL'r Itll! ft!puyrnenl oflhc indcbltdnCllI evidenced by the Nole. with interest thereon: tht' plIymeqt "l" nil \l(her ..urn!. ".I\h Ihe inteteS' Ihereon. advQnced in aecord.nCe tten:.ith 10 ptnlecllhe security of this Mott...: and "l4.' prduNl'J.iln,'t' pf lh.c co"'enanllO and agrecmenh l,r BtlIT(lWer hcrdh ct'ltllillned. BllrrDWl!:t d~ hereby m()t1llle. _riJht ill'd cot1Wey ro u:ndtt Ihe h)lIowinsdc."ribed proptrt) Icx'aled in thl!: Counlyof . , .CUM.BE Rl.AblO. ... . , ... . , .Staleofrennsylvanla: .ltu'lhlinlhe .,......,.......,.............. or ....................,......... ... Irtlllditipalit,J "net "'Ore rtar1icvl,rl, dClcrilled In adlfrd dalm ........... ...... ....... .......... ....... ......... ........... .19..., ftoorded in Occet look .... ........ ,.... d...,. alp_. _...,...,.. ,...... ,...., .hlchdelr:rlplton il il\COrporated by reFeren_. D .f 11'111 block it checklld. the deuriptiOll of 11'1. ,remilel IlIbjccl 101111, ft'ortpp il dC1lcribed In E.hlblt ..A,... allac:hal herE'" ."d It nollnc:orpon~ed by Nr.n:nm 10 a reeotdcd d..d, '.0 -: ., 7- "" ...; .... <D ,. ::0 /.: :;::l ," ,- ...... " " c:> , n I" tJ'1 " .... ,- which h..th.add,," or _" 1.n. ROUtiQ. R,lDG,~, R_Q~D. . . , ., .. _ . , . _ . . . . f4E.c.IVINtCSBURG. . _ , . [lIllml {C11" Pcnnlylvania.... .~~q~~............ . (hcrcid"PropertyAddrtIliS"); IllpCta1e1 TOOETllep, with all Ihl: Improvemenh now or hereafter l:reclr:d oh the property, and all IClUemlCnh. 1"IShh. 'PPI:lr1t:nancellDd tlCnts. "II orwhith st\pU be deemed to be .nd refhAln . pin ofthe property eovered by this Monp.' .lId IlII of the rOfT,olnl, taFUu:r with said propert, (or the IICI&thold ell lie If this Monllle lion a leaseholdJ ar~ herelnllfter rerefft'd to ISlhe "P\"op:rty," Bot-tower covenAdtllhat BottoWer I, lawr"lfy lelled of Ihe elit_t.. herlCh, conveyed and ha'lhe ri.ht to mottaale, Ir...nt and convt:)llhe Propeny, and rhal rhll Propert, II unencumbered, ta<<pl for encumbrancel of recotd-. Bonower COfenAntslhat Bor~er warranr.and will dd'end ICnerall)' thll tlUe to lhe Property A.aIMI all claim I and demands. subject to encumbranc't'ls ohel'Ord. PENNSYLVANIA-SECOND MORTGAr.E-1/110 -,FNMA/fHLMt UfllfDIUlIlrll'llU,IMIN' loul1417rlar. 281 Form 3839 Exhibit "D" 8LtSS6LL1L J ~d3U .SNI n~~ ~SJS~3gW3W W~ ~J:eJ ~, .-" ""'-,,-' Je~8J-C:ldt1 10. OOrTOw.r Nul ReleNed1 FurbearallJ~ OJ unller Nol a W.Jt.,. F.l1tn~i(ln uf the time fut payment or moolneation or am(lrtlzatlon of the ~un\!i ~euTCd by thlll Mol1sasc gta"ted by Lender to IIny 'liueeCSlor in inleresl or BufrYJ_ou s~r/tll trot opet'lAtl!! to rcolcallf'. In any mAnner, the liabilily Ilr the l,riginal I:hwmwer ODd Borrower''li !;UC:C:I:'I'i~ur' in ;ntc:test_ lender shall not be rcqdilcd to commetlce proceeding!li "Baln't 'liuch !'iuc:c:ell"or or rcrdle tn extend time for payment or ulherwlle mQdify amortil,lltiol1 oflhe sum$ sr~urcd by thi!'i Ml1rtgase by reason Dr any demend mildI' by Ihc <U'tllina' Borrowcr and Borrower'", &UCCClSor5 in interel'. An, rorbcl~ance bY, l..cllder In cnrl:'hJ,I~8 llnr r1llht or r;medy hereundllr, or otherwillc arroTdcd by applicable l:J.w, ..hall not be I waiver uf or predude the eJlerCl!lie of any IUe'll rllb\ Qr n:medy. t 1. Sucorll8.Qn and AlllllnlloDDd, Jollll and Sevcpl L1abllLl,1 C...lane.... The eovenanL'li and agreement!i nerein contained Ihll11 bind. I1nd ttle rilhh hereupd~r shill In,,,re to, the reapccUvc luccc~.on llnd RS!liillnR of Lender Ind Borrower, suhJed to Ihc provi!liionl orpllrap:raph Ib hcrenf. All ~o\'eni1nll and ap:rr:l'l11entl of Borrower Ihlll bejQird and ~eli~ral. Any Borrowl!:t who co-sl,nl this Mort8age, but dnc::s not neculc Ihe Nolr, (.) II co-siKnin. Ihll MQrt,ll81e only to mortl..e, grant nnd convey th.t BOl'rowr:r', interest in the Property to lAnder kinder the terms gf Ihll Marttage, (bl;, not lXnonally liable on the Notc or under Ihis MonKBIC', and (chgren Ihlll lender and any other Borrower hereunder n1ay :J.grel! to utend. modify. fQrbear ,or mBke any ofh.:r ac:ellJ11modBlhlh' ",llh rcglud to (h~ lerml Qf this Mort.aaae or the Notr: withou' thai Bl)tro~r'1!; consent ;:lnd wilhout relea'lilnll that Borrower or moolfyln,lllhjs Mortaille I,n to that Borrower'!! 'nlete~t In lho Property. I~. Nola. EJJcepl for an)' notice requIred under IppHcllblr IlIw 10 be Ii-'en in Ilnother mannrr. (aJ any notice to B"rrowrr provUSed ror In ltli, Mortl"He ,hall be given by ddlverlng it Dr by rrtalllna ,uch nollce b}' certified mall IIddte'llCd to DoHoWer al the Pt~'p.:rty Addrcss or III $uth tllher addrl:ss a!\ BOI1'Qwer may drl1tnal.e by notice to Lender a.. provided herein, and (bl allY nolke to lender 'lihall be e'ven by crrtlfled mail to lender's .ddl't's$ Italed he"ln Dr to au("h othcr addrcn 1l1l Lender may drllgnale by notice 10 Burrowrr as providcd bereln, Any notice: prDvided tor In this Mortla.c ,han be dremcd to have been given to Borrower (If lender ..he" livcn In the milnntrdcllgnated herein. 13. Go"cmln, L.w, ScvllubtDly. Thill !lifate and IOClll taWI applicable to Ih'l Marl.age shall be the lawl "f the juri'lidldlon tn which lhe P~opc:rty 1:.lcxolm. The fore.oinlJ sentence 'lihall not t1mit the applicability or Federalla.. to this Mort,a,C'. In 'M t'v('ol that IUlY pro\<\sinn or dlkUIC of this MurtgilHe or the No'e conDlell with applicable law, luch tonDlet Ihlll not Ifree:t other PfQ'oIi'liion'li of thl, ,,",an gage or thl! Note *hl"h raft be I'wert effect wtthQut thll condlcU". provi!liion. and tQ this end the pro"lslons oCthls Mort...!! and the Note lire declared to bII !liever&lblt1. At. IHied herein, "cmll", "expen!lies" and '.attorney,' fee!li" Inelude 1111 !lium~ h) 1he exlent nol prohibited by Ipplic:able Ilw or limited httt:ln, 14. Bomnur" Co". Borrower sh.1I be rurni:'i~ed . ~oftrormed copy or the Iioh::: and of Ihil MortllallC at the tlMe of tk~UtlOft or .fter rctQrdatlon hen:l'lf, 15. Rehabdttalllllll: LoIPI A&lftlllCnl. BortDwer shall rulfill all of Borrowcr's ohllgathllnl undct any home re-habUlt.. lion, irnptovement. tcp.'r. or other loan alrcement which Boltower enters Inlo With Le"dlllr, lender, al Lender'loption. m.y rllqulrc Borrower to execute and drllver to Lender. in . form IIc<<ptabh: to Lender. an t1lignmen' of any rilhh,. da;m!i or de(emC'1 which Botrower m..ay hAye IISp-in'l11 partles wbQ 'liupply labor. mll1criol, or leniu, in CODllllCtloh with Improvllmentl made to the rrDpcrt~. 16. Trln,rer of Ihe: proper., (lr J,&ncflrl,lllIlerl'$1 hI Borrol"c-r, If all or allY part oflhe ~ropettyor In)' tnterelt In it i, 'liold or Irandtrted (or ir. bcnefieiill inlttt:lr.t In BorrowC'r i~ ,old or lun..frrrtd and Borrower i~ "ot lJ. nalural p..rson) wiltlout Lender', prior wrilt..n consent, Lc:ndn mn)', ilt ils oplion, rtqlllre jnllT1l'dillt payment In rull or all sum, leclntd by Ihi, Mortpge. However, Ihis l'ption .hall nnl be t'tereiBed by lC:llder Ir c}u:n:isc ill prohibited by reder.llaw al of the dalr of this MorlBlIgt. If Lender ItxerclK'5 fhil option, Lt:nder shall sive borrower nl.ltkt or lll:ccler:t.\ioll_ The llo!h:e Ihall provide a period ornollel51han 30 day' from Ihe dafr thc nollce i~ ddivtn'd or 1""ilcJ .-ilhin wt.lch I)orrl)wl:'r ll1ust pa)' all..um!li ~Cl;:U(t:d b)' thi~ Mort.qe, If BorroWl;f '.11110 pay lhclt ~unn prj~lr tu the ",xrlr:tllon of thi, ptdud. lender may In. voke an"lc:mrdles permItted by Ihi~ Marlj'ae: without furth..r notlc~ or Llcmalld on Borro_er, NON_UNIFORM COVf.NM\lTS, norrower am.! Lendct" further cO'olenanl al1d 1l8rf'r all follow,,: 17. A.~lWIlaal ......... Upall lIano"r', bNIIEh Or., co,......t DI' -areemeat ar Bonvwtr III th.. Mort...., lIIId.... I" eo,ea_1lII1CII fa,..... line Nl.glll. Mt1Ired'" dda Morta..e. Lellda.. ,rlor to llftel.entlOll.haD aha ...tt.... to BomlWll.. lit pro91d.d .y ....lIcah..law lpeellJln" amoal otbtr Ihlnp: (I) Ihe blfll&l,:ltil (J.) till. au::1I_ ftlqllltld to taft ...... hl"UClIl (]J. ute, DDt'" tbaa 30 dnJ. rrom Ibe..lII.... allllte II....... to BDnower,'" ....eb lach Inuell .._t be collft!lllllll.ltl tIuI. rdue to co.,. .ach '-aeb .. al' bC'tOte the daI..~ bI tit. a.tb .., JIlI"t hi .ctI,,.dotl lit' tile .11III1 ...... bJ dda MDrI.aael lOred~DI'llI by Jadldal phK'lll...... .... .... of l'he .........,. TII, IlIDIId III". r.utIIilr llllarlll 8011'0_" at Ill. dabt _ ftllDdate ana al:c-Il...Uod .d tbllllaltl to _fila the roreelonrc pfOCllld........ uantalallee .". .flllll or lUll a.ller defoaM allIIlIn'DWH 10 ~...du aDeI 10-1...... U ....Ilt...uh II aot elU...a or -.oN the dal.......... 11I11I, aoft", LI:..dlr, al Le..r', aptlOllt IDlIJ ........ an.-f....1OU Beared by tlda Mort... &II be .......teb' dill .... pIIJPI. wllbo., fwtlMlr "..a' lI.d .., toneIGK t1lll Mort.a. .., Jadldal ..........1. Lt._ ,baU b. _dded to eulklet I. ,.ell ,__lIlal..1 e....... ., folftIDlIll'll, lad........ hat dDl llmltflt .... rMIOIIUIo .I""'J" r.-, uel ,DdR or dacallll'lltat)' ItldC'aC'C, ....tre.e. and tltk!lnpom. .1. Ihrw..r'. Rip. I. "'11I....., NoIWUtl!ltllndlna Lend~'1IO acc:t,:ltratlon or the sums .ecu.recf by 'hI., Mort.. du. tv lIt1traWII..'1 t.Tea~h. Bo~l!tsha11 h~ ttle dlilhl to have .ny praeccdln.. ftlnn by Lender 10 enforce this. MDrt. Pili: dlsco"tlnucd. at any time priar 10 at least l;lnll hour before the eomme~,"eJ11 of blddlllJ It I sherlfts !&I11l (It other 1(1.111I plltluut to Ihlll Morlp.e Ir~ (a) Bott~r pllJ' under ,n IIpm! whlth would be thlln due under th.ll ManplC Ind the Note had aD KQ:leradon occuned; (b) Borrovwer cu"'. .)1 breache... of any other covenllats or '''CIIMents or BliJlmWer eonlllln'" lit. Ih.. Mort....III; (c:) Borrower pa}'1i .11 reuol'l.blll ~xpenlel Incurred b, lender 1n "nforelnl the cOllenlnll and .arcement. of Bunc)lftf cont.lpllld In Ihls Mortl" and In cnlorein. Lchder'l remedies u provided In plrll"...ph 11 beteOf'. Includ1na, bin IIOt flmlted to, reuoftabfe I<<orne,,' _.; ahd (dl BorTowt:r tlkelluch action u ~ndet mty Rnon.tal)' requltt: to IIIUI' thlll: the lien oflhl. MorIlJ..e, 1.endet'& Intercst in the Propertr and Bl'lttower'. OOIl....Uon to p'Y the .\lmlsecured by thll NortPBc ,hal' eohUnue IInlmpaittd.. Upon ,~ pafIRcot aM e-Ute by Bor. rower. thll Mort... Imd the obll.aUonllCCured hlllreb, ,hilI rem.ln In rull force .rut effect .s if no acceleration had. oeclUTed, I'. ul.........t .f a_Ill.., A.ppolahnllt of .....tel', LeMer .. '_t-.. AI .ddltlonal ICeUtlty hltlr:dhdet BOfTower hereby ISIIIM to Lender the rentl or the Propeny, ptD'olldll'll that Borrower .h.l1, prior to ace-elentloft unde; plrllrllph 17 hereof 01' abandonment ('fthe Property. havlllh~ tlaht to collect and ret.blll,lch hntllS they become due .nd pli)'IMR. Upon ICCIl1etatloa under p.r.....pb 17 heftof or .babdonment of the Ptaperl)', Lender. ill penon, by ,pnt or by Judicl.ny .ppolftted receiver sbllll be entllled to en'" upon. take po;Itulon of Ind m'fllp till' Pmpett, and 10 collect the rentl qfthe Prl;lper1y lIu:ludlna thOlM pad due. All ",nb c:ollected by LalJdllll' at the rccdver .hall be applled lint to p.ymclIl oflhe costl ofJrlan-aement orllle Proplllrty I8.Ild ,t:olledlon of rentlli.lacludtna. but not limited to, ftUlver', ree., premiUMS on """Ivcr', bandl .nd teNOnlbl1ll ..ttorllC)'I tea, ."d then to lhe lumlleCdl'tlld. by thlt Mott.... l.itIndtr 8Dd41?PA~t 283 ,j:' . '1 ~-' _ - - cor' _ ". _ ,,-" ., Iff I ~, I -Ld3U ~SNI n:JeoI -LS1S~3a:W3W ..." 2:1=01 11" aT >Jd" , -" """" " - ~0-d 8l.1~~6l.l.1l. I' MEMBERS1ST Feu INSM DEPT APR-18-01 10:14 AM 7177955178 P_06 UNIfORM CoVIl.N.lNTS. Borrower and Lendll'r cavenant and Ilr" III fotlowl: I. Pa.JlIlIellt of 'PrIncipII u. la......I. Borrower iball promptly pa, when due the princlpal ."d Interelt mdebledness evidenced by the Note and late chmsel as pmwldcd.ln the Nole. 1. ha... for T..&ad laIlUUli'I. Subject II) applinblc law or a written waiver by ~ndeT, Borrower 5haU p~y ~o Lt:nder on tbe day month1t paymenli of ltrlnclpal and intr:rer.1 are pa)'lIblc IInder th" Nole, \lnllllhe Nob:: II S-Id In run. . lum (herein "Fundi") equal '0 onc-twelflb tar Ih.: jearly 'alJt=!5 il"d l'IlCII'nICntll (Indudl1'l8 ('ondondnlum ..ad planned unit development &lIII:15$IIII:nlll. lr any) which may all,in prllJrlty over lhi!i MlJn....e and .roLlnd refits on the Property,' If an,.~ ~1u.1 Cmt'olwelfth Dr yearl, pr-=mlufI\ jnll.llmentl for tJazard Inllurancc, plul ~ne.t~elf'ltl of yurly premium Inltallme"t" tOr mon.'aa'l! inlurance, Ir ",ny, .Il .., fealon",bly cllithnaled initially and trom Ilrne to lima by Lender on the ba.tl of' IDCumenU "ftd bl115 and reaJonllble eltlmates Ibereor. Borro~er t;bllll n~ be abUI.tC!d to m"k, .uch p.ymcn~'I (sf PUDl;h lul.c:hdcr lathe eltl!nllhal Borrower makcs luch pJymcnt5 to Ihe bolder of a prior morta:age or deed oftrultlfJuch holder ,wan InllitLtullolllllender. If BorrOwer pay'; Pundl,to Lender. Ihe PdndlshaU bc ~Id in' In 100titution the depQ'iit5 or accounts of which aRl Inlured or IUOranleed b)' ,a Fcdtnl ar Itate Ilenc)' Uncludlnl Lendcr If Lender i5 liuch an lusHtullon). lender !;h.1I apply the Funds to pay "a!d Inel, ~uellllment', inlliunnce prel1'iu,ml azul around rcl'lls. Lendcr may not chllr.c for 10 holdine and applying, the Funds, ,nal)'1Ihllllld acCDunt or yerllYiPlsnd compiling !;aid IIsse5smcnl5 IInd blll1i. unlc"S Lender paY!l BortDwd inlt:tclt on the F~lld~ .nd I.PPUcllblo I...... ptrmlts Lr:ndcr ty nu~lu: ~uth . chatgt. 8urrowe~ an'" LlCddcr mAY lltee In wrlltng al the: I1mc or execulion of Ihl5 MortlllSt tht intcJCsl on thc= Fund~ Iholl be paid h\ BUlTOwct. 8ftd ulllen .u~h .i.groomcnl i. ft""dlll or IIl'plki\blle 11lIW roqulrcl I~rh Inh:r~~' III btl paid. I-l:nder 1i~;Il1l\o' be re.qulred to pay Borrower: i1n,intcrclt or carllln" on the. FUIlCb, Lender Ih...U live to Borrower: withuut .:h~rF' In annLlit aecounllnc,of the. Fund, Ihow\'llll credits and debits tD the. Funds ",nd Ihe p\lrpose fot which each debit to th-= Fundi was made. The Fundi aft pll"dxat II &ddilionalscct.lrU,. ror the sumllcC'ured by .bis MlJI'I-,t, , Iflh.:: amllunl o~thc FIlnd1 h-=ld by Lender ,Ioleltscr with the future l'Ilonthly insl;lll1ncntl ufFunds p4)'able prIOr ~(l the due dale. oftalel. al'ienn'ent50, i",ur~nte pre'll1ium' ind ground untl, lhlll":IIt\."td the amounl rel{uircd 10 pay ~lIld luft. e'iie5~menb, ifl'liUrante. premlums IJnc1lroulld renli Iii th..y ran due. liu.:h Utel! Ihall bl:, al Burrowerli opllon. eilher prDrrI,plly "plliid IlJ BlJl'1'ower or crc:diled lu Borrower on n1l1nChl)" in!li1.Un1l.:nlli of Fllndi. If Ihe am~)Unl of tht Pun~b,hcld'by Lcn4e.'r !lib,,11 nol be, 5l.1ftitic(lt 10 pa)' l.axel, anl:5!1imcnll, in5l.1rant"e pn:n1IUmll\lId around tlmll:li Ihl,.'Y fall dde, Barto~r ,bldl pay to ~ftder .ny amDunl ntL'CUlIry 11.1 nlllke lip tile delicienl..~ III une or more p"ymen11i "5 L-tnder rhlyrequ1re. , .Upon, pllyment 'n full or .11 sums secured by thili Mortilge. l-cndct shall prcmplly refund to BurrDwer any Fundi)C~1d, by Lender, If under panaraph 17 hncof Ihe .-rop~rty Is lI.('Ild or the Property III olhl:'rwi5C acquired by lcnd~, lc:ndl!:t sti'e.I1.pply, no laler lhan Immedla1ely prim tu lIie sale of Ihe PrulJCrt; or its acquisilion by Lender, any Funds held by Lender allhe lime of OIippllcalion "'" a credit alliifl5l Ihe sum' fie,,'ured by thili Mortlla.g':. 3. A.pp~.IIDII II' '.JIII*n", Unlen applh:able law prDvidc" ulherwi~ll. all pllymcnn rClCC'llIed by lr:ndct undn the ND" .(ld par.areph. I ud :2 htreof Ih.n be applied by lA>ndr-r nnl In p;aymrnt Dr an'lount~ p4)'allle h' Lender by Borrower under plfaan'Ph :z hereof, thcn to InttreSI payable on the Nut". and t"''l:11 tu the principal ~1( the Nole. 4. Prlllr Mart.._ and Detdl of Trull ~h"'.",1 Lien.. RDrrOWcr shllll perforn\ IU ur Borrower'l abllealiDns under any morraaHe. deed of Inll ut Olhtr se<'urity agrtemCnl ",lIh a lien whh:h till' priorhy over thi_ M\lrtillse:, In. cludlnl BoiTower's covcnanl"lomake P'rmenhi when due, Bl1rto--..cr ,hull pl1Y ur ealllC 10 bl paid alllHlcS, aUei~menh Inet othcr charlCs, filllCl and Impo5itions altribulKble 10 lhe r-ropcr1y whh::b may aUain a prlorilY over tt-ili MI.,rtPlle, and lealehold p.ym.,nlt. Dr lround renls, Ifany. 5. H_.,III In.urade" B('lrrnwe.r shall kccp Ihe lmpravemr-'llh m"". nlatif18 tlr hrrellfh:r ercc;:tcd on Ihl!! Propcrly Inlured aaainn lo'~ by lire;, huardllnL'lud..:d wilhilllhe term "cxh:ndcd cuvcril.,;e". and ~\lch other h...;rards AI Lender ftIar require and Irlluch I.mounli .lId fur luch periud. il.ll Lender ,mu)' require. The insurance carrier providin,lhe in~ulrllr.ee Ihall be cho!ien by Borrower 'iubjccllo aprrov.:al by l..t'ndcr; pr~idcd. Ih(ll 5lJ,ch apprDva,,1 sludl' nul be untc'.lUonably wilhho!ld. AU i"lIilltllllCC fll,)lieit!!; and rcncwlIlllhercDf !IohaU be in II. fmm &Crtf'tAblC! to Lehdet i"d IIhall include II slandard mortl:~gc .:!auliC in rll't'm lJf tsnd in 11 fnrn'l accepluhlt hl l.ender. Lender Ihalt hive :Ihe rll,ht 10 hold lbe: Jll)lh~lei ilnd rencwlIl!lo IhcJ:eof, lu\'lj((( l~\ ltae tl.:rnu; ul" ""y nlur1gl1ge. deed uf1ruIl or other st:!curity agreemenl with" lien whkh h:lll pri~lril)' over IMs MOl1gagc. In the event oflou, Borrower ,hall give prelmpt nolil:'t to Ihe In.uranclHPrricr ud lender, L.cnder may lnakt proof of los, If no I madc"promptly by Borrower. If the Pro~r:I, Is aband.oncd by Borrowcr. Dr If Burrower rail. to rC5pond hll.ender within JO. day~ frDm Ihe dale notice I. rq",illld b,,~nder to BDrrower that the lnauraace carrier DtTer. to setlle ",daim for ItllUrilfl(:C! bcneRII. Lender is aUlhorh!e~ tD collect .1'Id IIpply the Insurance prDceed, at l.rhder', option either to reltoraliD'll Dr rrplllr orthe Pruperty or to the lums Itc"red by Ihili MortSlge. 6, Prtltnallon and M.hUtdlnft ar PropllnJ; Lc.8Cltollb~ C_damtnlU:d'Ill "_nn.1I Udll Dewlrloprnnll.a. B\\r. rower 5h.U kelrp the Property in IDad repair and lIhall not commil walih: l)r permit imp;altn,enl or dClrriuritlun (1f thl,! Property and .hal\. comply with Ihlt pravl$lon'l of any Icalie: If thll MC1rt8l1il&: is 01'1 ;alC;1!;chuld. Ir Ihl. MOrlIlOl,c i~ D'Il II unit in a condominium Dr a planned unll dl:'\'elopmcnt, Borrower lI.hall po!rfnrm lIi1lJf B~,rrdWIJr.h obligllli\lnl l,tndo.!r t,he dlldaraliDn Dr coven.nt!; creati.ns Ot gOvernlna Ille t'DnduminlUI11 or planncd unit de,"clopnlcnt, the by.1awi and reaul.tionlofthe'cohdornlnlum or planped lI'llil dur:lopmcnt, and comitilucnt documenl!;. 7. Pral-=Clllft of lA!nder'1 S.cllrllJ'. If BorroWllr fail!; tD perform Ih~ tovenllnh and lI.greemrnts l"ontaln..:d in lhi~ Morrlllle. or If any .cU"n or proc~rdin. l~ ron1mcnli:~d which mlltnlul1y .IIffcch 1-ende~'!ii' lnlen:)l in the I'ruperty. then Lender, at ~l'Ider'l option, upon DOUce 10 BDrrower, may .make such Ippcanncel, dlibpr!;c s,uch IlUm&. includin. rUlionabl, .norneys' fees. ",nl)1akc lut'h a"tion aliI nc:celUry 10 prntccll.c:ndct'lIlnlereSl. IfUnd.:r required nlDr1gae;e Insurance all ~ndltlc)n of matloR the loan sccL1rtd by this "'1ot1aaae. BDrro\\'Cr lihaU pay the prcll1illmS requin:d 10 m",int.ln lueh Insurance 'In effect uplil such liMe lithe requirement ror such in~aHan('e t~rmihalcs In a<<urda'llcc with Borrower's and under'l written 'Ireemellt or applicilbk law. Any Imounb disb,ufled by l.ender purfiidinl to thlll. paraaraph 7, wilh inh:rcllt Illereo'll, il the Note r.lc, shaU become addilionll lndtbtedneu of Burrower secured by thi$ Mart.IIC. \)nlen Borruwcr and l;ender ..n:c hl olht:r Icrms of paym.enl, ,IIUCh. am'!)unl!1i Ihall be pa)'able upon n('lllce rrum L.l":ndrr to ButfllW(!r rcquelillna. pa)'me'lll IhereDt. N01hing contaIned In thl1t pllraaraph 7 Ihall require Lender to int:llr 11ft)' upense Dr lake an)' a.:tiun henmnder. I. l...pattl.ft. Lendcr 'mi~ make or caU5e. tD be mad.: rcalonabtl:' cnlrit:'I upon and iospcCt\ODI of the t'rDperty, \R~\41l'.4 tbl.l ~ader lhan live Borrowcr nolice prior to Jl'llJ ~ucb inftpcctlon Ipecrfyins reasonablt ('.Ule' thc:t"Cfur relaled to Lender's inlcrcst in the Ptopeny. 9. Condemnallon. Thr proccedl of any award or claim (Ot damages, direct ur t:DnscqlJenllal, in connection with any rondemnalio(l Dr olhcr lattn& or lhe Property, or pan thereof, nr for eon\leyance in lieu of condemnalion, lire hereby I.silned ..nd shall be paid 10 Lender. !8ubject to the lerml ohny mortK4ge, deed oflrfolst or other securi1Y larce. ment with I lien whlt:h h.n prlorUy over thi~ Mort.age. BOUK1417 PAGE 28:! -'"Jl,~!". ,.," , ~,"~ ""), '"''''"1!'1~~~,_,~. -~~~~I~!"~r -l~ ~"~',~ - APR-18-01 10:14 AM MEMBERS1ST Feu INS~ DEPT .' 7177955178 P~07 "'-~""" '.' -.ad th~ nrt'clftr Iball be liable to "emubt OftIJ ror thOM: rentl i.duall; rtC'elve4. 20. ........ Upon payment or alllumJ IelOurcd bJ .bl& Mort,I.C, uhder shan dllChld'at thi.t. Mort.l.e wlthoul C!harae to Bomnrrc:r. BarrDWCr shall pi' "U cost5arrccordltlon,If Iny_ 21. 1II.....'.....AtMf ..........t. 8ortOWCr I.rea Chill the lntcrcll rale p.,ablr: _ftcr I jlld.-nenl i!. entered on the Nole or In an Ictlon of mortl".' forulOlOur. IhM. be the rate Itl'. in the Note, R~Q\JE$'l' FOR NOTICE OF OEFo\\J~T AND FORECLOSURE UNDER SUPERIOR MORTGAGES OR DUllS Ot. TRUST Dorrowct and Lrnder re:quc!.llht 1'l(llder or eany morllllBc, decd "rlru\1 or uther em:umbr.ncr: ~lth a lien which flus prioril)' aver Ihi" Mong.a~el(l ,Iivt Nalict' 10 ltndcr.al Le"dl:r'~ addrt'Ss !IL'l forth 011 page tilt&: ol'lhi~ Mt.rtililIlC, or any der;lulllJhd~t the ~upnim tncUmbrOl.tlCC and of any splr or olher l'otcl:]('Sourc ilclion, IN WITNBS WlfliREOl'. 8orrl')wcrh.:uellol!j.lllfld Ihi, MnrtliljllU~ ......,,,. /7)t~( <-~;<Ii'~6e..lL I._r.._.,.......,..."".,..........".."'.... ,~"N.~".,...,.,',......... Michnl', Mcloin -,,,,... .\~,(.:.M-f.,.,...e~,lt~(/,.,~<lI .. pJ FI' vr -.."..... Oeborah A, Mcl.in 7Yt.dud p. M~ I hereb) .:e~Jo'~~'J~~~~:i~~~~~~~I~:II\J:~c~l~~~laileel i~:_ .. .....,... . , . . . ... , . ... . . , , . . , , o~i,;,h;jr'.'rl;.~ L;.~d;;.'B;,'(~)'r'~~Ti;,;:~.P...r,...j(~I\~~...............................: COMMONWULTHOF''P2I1lNSYl-VANIA, '.." ,C,'!IJlP.I!!;-~.I;F:1~.,.",..,. Couhlyn: ~onlhi')lh" .1):/.':1.....,....",.,. .d...r n{ll'.l'. >~.[~ ,'>-.-.............,.. ,19.~I.-J. .b.r."m.. ~ . ..(.c(~\; .'1 ,I(, .,",:''''tr.I.l.('.r.~9:1, , 'l'1 . . , . , , , ..., , , ,... . , 1\' the und("r~iiP~ offi~cr, penonally _,peared '~M~ I. ('(1.('. ~';..1 :~.])i.~'I<y,. {t., .1.1d"'!I1 '/<'1' r.i. .lttoJI\t'r'~()C {.." .~..m'~AA.~ .( .1\; '-'~, '1 known 10 me (or Jatidatlorily proVt:RJ U:J bl: .he penon who.e n..Ku:: . , ,Q..t. ~'... , , . . . . . . . . . . , lIOub&crlbed 10 1he within in'lilrUmll:nt and Ilcknowlrdaed Ihll , . . ,-.I.') ~ :f' . . . . . . . . . . , , . , . . executed Ihe: lime for the' purpt'l!.fll Mtcln contl'ned. 111I WlTflill!S5 WHEREOf', 1 herl:!unto'lict rIlJh.nd and ol1ktalleal. My COlQml",ion e.pire,: A'Jl\iJ.J:X/J:1;.,h.))..J.,ut,A~... . Jlllcor orrl(r. 'tL6ia'(j +~.~lJ.-.lt ~ NOTARIAL SeAL Of-BOf'tAH Ie O'HO~I-ERAN.NoIery Pl&bllc Dora gI ~p Hill, CLlmbllland COunty lA, ConUlll..lol1 ~lI[l"fJ- Feb, 1e, 2000 .(.,,~~\.\~~i~,~,9.~;;,~ ,/.,. c'" " ....w"'<!'" ' .... "'-5" .~, .. ~ l..,,;' ~ ",r. '.. "(."'t :"''':(.,.'~'..no . ~.~ 1 ~''':'~';,;""~~~,, ! ~:"...t'". - ,....~.."1t7 \\~',":~'~~-".""IJ ~of"(i:li~S,~"" (SPice 981c:rw ThiS L"'. A.Sllrvad FGf L.ndel en(l Recorderl IQDI!417ffGt 28( j' '-- I--'!- ~ ~- APR 18 01 10: 12 AM MEMBERS1ST Feu INSM DEPT 7177955178 PM04 If ",' .'\ SCHEDULE C PROPERTY DESCRIPTION The land referred to in this Commitment is described as follows: ALL THAT CERTAIN lot or tract of land ,ituate on the Easterly right-of-way line of ROWld Ridge Road in the Township of Upper Allen, County of Cumberland, Commonwealth of peMsylvania, known and numbered as Lot No. 154, on a fmal plan of Bowman's Hill. Phase III recorded in the Office of the Recorder of Deed" in and for Cumberland County in Subdivi.ion Plan Book 65, Page 39, more fully bounded and described as follows, 10 wit: BEGINNING at a point on the easterly right-of-way line of Round Ridge Road at a comer of Lot No. 1~3 on said Plan; thence extending along !he right-of-way line of Round Ridge Road North twenty-three (23) degrees West, having a distance of thiny-two and fifty-six one hundred!hs (32.56) feet 10 a point; thence on a line curving to the right having a radius of four hundred seventy-five (475) feet, an arc distance of fifty-four and twenty-eight one-hundredths (54.28) feel to a point; thence Nonh sixteen (16) degrees, twenty-six (26) minutes, fifty-five (55) secon<ls West, having a distance of sixteen and fony-five one-hundredths (16,45) feet to a point; !hence North seventy-three (73) degrees, thirty-three (33) minutes, five (5) seconds (erroneously states all ten (10) seconds in prior deed) East, having a distance of one hundred eight and sixty-nine one-hundredths (108.69) feet to a point; thence Sou!h eighteen (18) degrees. thil1y-one (31) minutes, ten (10) seconds East, having.. distance of ninety and ninely-eightone-hundredths (90.98) feet to a poim; a comer of LoI No. 1~3 on said Plan; thence along Lot No. 153 South sixty-seven (67) degrees West, having a distance of one hundred five and eighty-five one-hundredths (105,85) feet 10 a point and place of BEGINNING. UNDER AND SUBJECT. NEVERTHELESS, to the same conditions, restrictions, exceptions and reservations as el<;st by vinue of prior recorded instruments, deeds and conveyances. BEING THE SAME premises which S & A Custom Built Homes, Inc, a Pennsylvania Corporation by deed dated January 2, 1997 and recorded January 13, 1997 in !he Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Book 151, Page 1059 granted and conveyed unto Haubert Homes, Inc., Grantor herein. State of pennsYlVania} County of Cumberland' 86 fle~corded inWffioffice.for the recording of Deeds ,Be. and f erland County,. in, Boo tiIHv, ~Pa { w'tn S5 V hand , 'l! offi .0 C.rlis e. PA this day of o"J S7 AL T'" Commlum:nl Scllc:iJ\lIt:C .I!OOk1411'AGE. 265 / FORBEARANCE AGREEMENT , V z\),."",.,v''') TIDS AGREEMENT is made the "I I:f,-- day of J!Ul.afllY/200Q by and among MICHAEL MCLAIN and DEBORAH A. MCLAIN (individually, jointly and severally referred to herein as "Borrowers") and MEMBERS 1st FEDERAL CREDIT UNION, a Pennsylvania State Credit Union ("Members 1st"). BACKGROUND A, Borrowers are indebted to Members 1st under the following instruments: 1, A note dated November 14, 1997 in the original principal amount of $154,240,00 ("Note A"). The loan to Borrowers evidenced by Note A is also known as account number 170925- 01. 2, A Note also dated November 14, 1997 in the original principal amount of $19,320,00 ("Note B"), The loan to Borrowers evidenced by Note B is also known as account number 170925-02, B, The payment of Note A is secured by, among other collateral, a mortgage dated November 14, 1997 encumbering real property situate and known as 111 Round Ridge Road, Mechanicsburg, Cumberland County, Pennsylvania, 17055 (the "Property"), and recorded in the office of the Recorder of Deeds of Cumberland County, at Mortgage Book 1417, Page 274 ("Mortgage A"), C, The payment of Note B is secured by, among other collateral, a mortgage dated November 14, 1997 encumbering the Property and recorded in the office of the Recorder of Deeds of Cumberland County, at Mortgage Book 1417, Page 28'1 ("Mortgage B"). D, Borrowers have been and are in default of Borrowers' obligations to Members 1st Exhibit "E" B,,T~! _ "',_ , ," -, I_~ I - . I - ~ ~ "~~ -, .. for, among other reasons, failure to make payment as required under Note A and Note B, E. Borrowers have requested Members 1st to forbear at this time from the continued exercised and enforcement of Members 15t rights and remedies against Borrowers and Borrowers' property as a result of Borrowers' defaults, and Members 1st has agreed to Borrowers' request subject to the provisions of this Agreement. AGREEMENT NOW THEREFORE, in consideration of the foregoing recitals, which are an integral part of this Agreement, and of the Agreements hereinafter set forth, and intending to be legally bound, the Borrowers and Members 1st agree as follows: 1, Borrowers hereby acknowledge and agree that Borrowers' obligation under Note A and Mortgage A (Account # 170925-01) and Note B and Mortgage B (Account #170925-02) are in default for, inter alia, failure to make payment required under Note A and Note B, Account #170925-01 evidenced by Note A and Mortgage A and Account #170925-02 evidenced by Note B and Mortgage B are collectively referred to herein as the "Loans", As of January 24, 2000 the Borrowers are indebted to Members 1 st under the Loans as follows: a, Amounts due to Members 1st under Note A (Account #170925-01): Principal $ 151,955,22 Interest $ 6,630,55 $ 309.51 Fees Total due to Members 1st under Note A as of January 24, 2000 $ 158,895,28 Per diem $ 32,26446 2 "',If.."" ~,' - '-' .., ,'~" ,.",-' r' ,~ . b, Amounts due to Members 1st under Note B (Account #170925-02): Principal $ 17,303,82 Interest $. 731.87 Fees $ 51.64 Total due to Members 1st under Note B as of January 24, 2000 Per diem $ 18,087.33 $ 4,85929 Attorney's fees $ 1534,00 Total due to Members 1st under the Loans as of January 24,2000 $178,516,61 Interest, costs and attorney's fees have continued and will continue to be incurred and to accrue after January 24, 2000 under the Loans, Note A, Note B, Mortgage A, Mortgage B and any and all other documents executed by Borrowers in cormection with the Loans are referred to herein collectively as the "Loan Documents", Mortgage A and Mortgage B are referred to herein collectively as the "Mortgages," 2, Simultaneously with the execution of this Agreement, Borrowers will deliver to Members 1st a fully executed Deed-in-Lieu ofForec1osure (the "Deed-in-Lieu of Forecloeure") for the conveyance of the Property to Members 1st in a form acceptable for recording and with a provision acknowledging and agreeing that the Deed-in-Lieu of Foreclosure is not intended to discharge the Mortgages or to merge the Mortgages with the estate conveyed thereby. Members 1st acceptance of the Deed-in-Lieu of Foreclosure shall be subject to the satisfaction of the conditions set forth in paragraph 6 below, Upon acceptance of the Deed-in-Lieu of Foreclosure, Members 1st shall have the right to market and sell the property in any manner which it deems appropriate in its 3 -~]!j ~, " - I" [ I ' 'r .' sole discretion, including, without limitation, at absolute auction. Borrowers hereby release and agree to indemnify, defend and hold Members 1st, its predecessors, successors and assignees, and their respective parent corporations, subsidiaries, affiliates, stockholders, directors, officers, employees, agents and attorneys (collectively, the "Indemnified Parties") harmless for, from or against any and all liability of any nature whatsoever, including without limitation, any demands, claims, suits, proceedings or actions of any nature whatsoever, and any damages, losses, costs, expenses and fees (including, without limitation, attorneys fees) or other liabilities of any nature whatsoever, or arising at any time before, on or after the date of this agreement as a result of or in connection with any actions or inactions of any of the Indemnified Parties, whether intentional or negligent, which have occurred on or prior to the date of this agreement or which may occur on or after the date of this agreement in connection with or arising out of the Loans or Members 151, acceptance of the Deed-in-Lieu of Foreclosure, management of the Property and/or the marketing and sale of the Property, 3. After the Property is sold, the proceeds of the sale to the extent available will be applied in the following order: (a) to the expenses incurred by Members 151 as a result of Borrowers' defaults (including, without limitation, search fees, credit bureau fees and reasonable attorney's fees); (b) the expenses of conveyance of the Propert'j to Members 151 (including, without limitation, title insurance premiums, deed preparation, recording fees, satisfaction fees, appraisal fees, and reasonable attorney's fees); (c) the expenses of ownership and sale of the Property (including without limitation, past due and current tax and municipal charges, utilities, trash, sewer, insurance, property management fees, maintenance costs, realtor's commission, auctioneers commission, deed preparation and other expenses of sale and conveyance, and reasonable attorney's fees); (d) to the accrued interest, late charges and principal for loan number 170925-01: 4 "MH~!lIL,_~ ," . " -.,.~-~ "1-.'- .~ (e) to accrued interest, late charges and principal for loan number 170925-02. 4. If the sale of the Property does not generate sufficient proceeds to pay in full the Loans and other amounts due as provided in this Agreement and the Loan Documents, Borrowers shah remain liable to Members 1st for any deficiency (the "Deficiency") equal to the lesser of (a) th~ actual deficiency balance under the Loans or (b) $10,000,00. In the event of any such deficiency, Members 151 will notify Borrowers as to the amount of the deficiency in which event Borrowers shall have thirty (30) days from the date of the written notice to Borrowers of the Deficiency to provide to Members 151 any and all financial information concerning Borrowers which Members 151 may require including, without limitation, personal financial statements and copies of signed federal income tax returns and to enter into an Agreement with Members 1 st and execute any and all documentation required by Members 1st for the repayment of the Deficiency (the "Repayment Agreement") under terms and conditions in accordance with the policies and procedures of Members 151 then in effect for making loans of similar amounts to similarly situate borrowers under similar conditions including, without limitation, applicable interest rate and fees and charges in connection with such loans. In the event the parties are unable to agree to the terms and conditions as to repayment of the Deficiency to Members 151 as set forth above, Members 151 may immediately and without notice to Borrowers exercise any and all of its rights u!1der the Loan Documents, at law and in equity against Borrowers and Borrowers' property for the repayment of the Deficiency, In such event, in addition to the Deficiency, Borrowers will also be responsible for interest on the Deficiency at the rate set forth in Note A from the date of Members 1st,s notice to Borrowers of the amount of the Deficiency and attorney's fees and costs incurred by Members 1 st in connection with enforcing its rights and remedies against Borrowers under this Agreement and the Loan Documents, -111 " ,ifJ] _, ,_\ l ",,,,~-' 1-, 5 r,-' ''l ~~= 5, Members 1st agrees, without waiving any existing default of Borrowers, or any declaration of any existing default of Borrowers, or any demand for payment of all or any part of Borrowers indebtedness to Members I st or any acceleration of Borrowers indebtedness to Members 1", ur any of Members 1st rights or remedies against Borrowers or Borrowers Property to forbe~ from proceeding against the Borrowers or any property of the Borrowers except as expressly provided in this Agreement. Except as expressly set forth herein, nothing contained in this Agreement releases, limits, or otherwise affects in any way or at anytime the liability of Borrowers for or with respect to the Borrowers obligations and agreements under or in connection with the Loans or the Loan DoclUllents, This Agreement does not evidence or represent in any way new indebtedness or satisfaction of Borrowers obligations to Members 1 st. Borrowers hereby confirm and ratify all of their obligations under the Loans and the Loan DoclUllents and agree that all provisions of the Loans and the Loan DoclUllents remain valid, in full force and effect, enforceable by Members 1 st in accordance with the provisions of each of them, except as expressly modified hereby, including, without limitation, any provisions for Confession of Judgment, if any, contained in any of them, Except as expressly provided herein, nothing contained in this Agreement waives or should be construed as a waiver of any of Members I st rights or remedies under or in connection with the Loan DoclUllents, or t..'1e Loalls or at law or in equity, All of the provisions of the Loan DoclUllents are incorporated herein by reference and made a part hereof as if set forth in full herein, The provisions of this Agreement are and will be deemed to be supplemental to, and not in derogation of, the provisions of the Loan DoclUllents whenever possible, However, if there is any conflict or inconsistency between or among the provisions of the Loan DoclUllents and this Agreement, the provision(s) determined by Members 1st in its sole discretion to be applicable will govern and control the resolution of any such conflict or inconsistency, and Borrowers agree to be 6 -,,:iil .~ .r "' _"","', " . ~ ,,' - 'r bound by Members 1 st, s detennination. 6, Members 1st agreements contained herein are specifically conditioned upon and subject to the following representations, warranties, covenants and agrc;ements of Borrowers: a. All federal, state and local taxes due and payable by Borrowers have been paid as of the date hereof; and b, The Property has not been and will not at any time prior to Members 1st's acceptance of the Deed-in-Lieu of Foreclosure and transfer of possession to Members 1st be used in any manner so as to cause any contamination of the environment or any environmentally threatening condition in violation of, or which may require remediation under, any applicable law, regulation, rule, ordinance, requirement, restriction, covenant, order or decree; and c, The Property has not been or will not at any time prior to Members 1st,s acceptance of the Deed-in-Lieu of Foreclosure and transfer of possession to Members 1st be used in violation of any law, regulation, ordinance, requirement, restriction, covenant, order or decree which may result in the forfeiture of the Property. d. Except for the Mortgages and the delinquent real estate taxes set forth in subparagraph (i) below, there are no encumbrances, bankruptcies, easements, judgments, mortgages or pending suits adversely affecting Borrowers and the Property which are known to Borrowers, e, That there have been no repairs, additions or improvements made, ordered or contracted to be made on or to the Property within four (4) months from the date hereof; and that there are no outstanding or disputed claims for any such work, labor or materials for the matters aforementioned. f, That there has been no work done, or notice received by Borrowers that work is to be done, by the municipality in which the Property is situate, or at its di~ection, in 7 "c< " "'. ,~ - I'''I'W, . ~, connection with the installment of sewer, or water or for improvements such as paving or repaving of streets or alleys, or the installation of curbs or sidewalks. g, That Borrowers are in actual possession of the entire Property, and there are no leases or agreements affecting the Property or any part thereof outstanding. h, That the present transaction is not made for the purpose of hindering, delaying or defrauding the creditors of Borrowers and does not come within the provisions of any bankruptcy or insolvency acts. 1. Except for school taxes assessed against the property for 1998-1999 and 1999-2000 Borrowers have paid all other real estate taxes, sewer and water rents, and any and all other assessments imposed by any state, federal or local authority in connection with the Property, J, Title of the property shall be conveyed to Members I st in fee simple and insurable by a title insurance company of Members 1st,s choice at regular title insurance rates then in effect subject only to Mortgage A and Mortgage B and the school real estate taxes as set forth in subparagraph (i) above, k. Borrowers' delivery to the law firm of Saidis, Shuff & Masland on or before Wednesday, Febn.la..-y 9, 2000 of the original, fully executed and notarized Deed.in-Lieu of Foreclosure in recordable form and this Agreement bearing the original signatures of Borrowers, 1. Members 1 st and its employees, agents and representatives shall have access to the Property for appraisal or inspection or for such other purposes as are necessary or incident to implementation of this Agreement. 7. The occurrence of anyone or more of the following IS a default under this Agreement: 8 i,., ~ - ,.<,.-, "". I m_ a, Borrowers' failure to observe or perform any provision of this Agreement at the time such observance or performance is due; b, Commencement by Borrowers of any proceedings in bankruptcy or proceedings for an arrangement or reorganization, or for the readjustment of debts under any law, whether state or federal, for the relief of debtors, now or hereafter existing, or commencement of any such proceeding against Borrowers; c, Application by Borrowers for the appointment of a receiver or appointment of a receiver for Borrowers; d, Making of an assignment by Borrowers for the benefit of creditors; e, Entry of any judgment or issuance of any execution process against Borrowers respective assets (other than by Bank) which is not removed or satisfied within twenty (20) days; f, If any representation, warranty, or financial statement or presentation of Borrowers at any time made to Members 1 sl in connection with Borrowers indebtedness to Members I sl or in connection with this Agreement is determined by Members 1 st to be materially incorrect or misleading, including, without limitation, any financial statements provided by Borrowers to Ban.~ in accordance with this Agreement, 8. Except as otherwise specifically provided in paragraph 4 in this Agreement, if a default occurs under this Agreement, Members I SI, S agreements provided for in this Agreement shall immediately and automatically terminate and be of no further force or effect, and Borrowers shall be liable for payment of the full outstanding amount of the Loans and interest thereon, and any and all other amounts due or payable under or in connection with this Agreement and the Loan Documents, 9 '~~, ., 11 " , ~"' ...' 9, No modification of any provision of this Agreement shall be effective unless in writing and signed by all of the parties, 10, The provisions of this Agreement are severable and the invalidity or unenforceability of any provision will not affect or impair the remaining provisions, which shall remain in full force and effect. 11, This Agreement shall be interpreted and construed under the laws of the Commonwealth of Pennsylvania, Borrowers consent to the jurisdiction of the Court of Common Pleas of Cumberland County, Pennsylvania, and the United States District Court for the Middle District of Pennsylvania over all matters arising under or in connection with this Agreement. 12, Borrowers and Members 1st each irrevocably waives any and all rights any of them may have to a trial by jury in any action, proceeding or claim of any nature relating to this Agreement, any documents executed in connection with this Agreement or any transaction contemplated in any of such documents. The Borrowers and Members 1st each acknowledges that the foregoing waiver is knowing and voluntary, and made with advice of counsel, or with a knowing and voluntary waiver of the advice of counsel. 13, This Agreement shall inure to the benefit of Members I st, its predecessors, successors and assigns, and the affiliates, shareholders, directors, officers, employees, attorneys and agents of any and all of them; and all obligations of Borrowers shall bind their respective heirs, personal representatives, successors and assigns, 14, This Agreement may be signed by the parties in separate counterparts and shall be deemed effective and enforceable against each party so signing this Agreement upon all parties' execution of one or more counterparts of this Agreement. 10 'I'] ,..,,.. , . ,-, r'! I ""'?l"'F' ~ ~ I ~ ~"'..... ."'~""'I'-" IN WITNESS WHEREOF, the undersigned have duly executed this Agreement as of the date first above written, WITNESS: MEMBERS 1ST FEDERAL CREDIT UNION <: ;2, By: >1'1'" J2, qy 0. ll/w---- iJ By: ~ B:::-_ <;l.""e<f &'~1A<l.j . (J.l',ii:'F OPE"/lA'r/Nb o~,u;;1<... WITNESS: By:~.:u.i<L1 ~ ti4.~ By: )y.,~ fYL U,4- , Michael McLain By: By: Deborah A. McLain 11 :'vm_~._, l-f ' , I - ~ , ~l_ IN WITNESS WHEREOF, the undersigned have duly executed this Agreement as of the date first above written, By:-_ 6n('" /; {; v ~ {fA I./'Y..r'- MEMBERS 1ST FEDERAL CREDIT UNION By: (l &"'- ~v B'foJ,"LIIN CalGf "r/E"''''r'N(,. Df"Frt-c~ WITNESS: WITNESS: By: By: Michael McLain B~; Llna>1L/ By: l jJ,~t.~" {/, Yri>0JA~- Deborah A. McLain 11 '1j~.---, "' ~ , F'1' - .'"<- - IN WITNESS WHEREOF, the undersigned have duly executed this Agreement as of the date first above written. WITNESS: MEMBERS 1ST FEDERAL CREDIT UNION B~-\Y<l- r{;aJ~ 'I Ii By: ~ 8i- 9-11U<-/ &,~" ~ _ CJ.Iie'F of'EfP-A-ntlG OA"l<.€~ WITNESS: By:cjI;:t~ALI ~ ti-t~ By: )y,~ htV/e.- ~ Michael McLain By: By: Deborah A, McLain 11 "_~; c, ~>. ""'=,0 - , I "!"- ,I ~ - ." II ,- T'-~"'" ., IN WITNESS WHEREOF, the undersigned have duly executed this Agreement as of the date fIrst above written. WITNESS: MEMBERS 1ST FEDERAL CREDIT UNION , i1 By:" "IT 12- a J I/'w'-- () By: ~ 81- 9-AU\f g'~~A; l\,.J . CJ.I",E'F CP"jlA-t"/1'Ib ol"F,....'" WITNESS: By:+~AL) f tZ-t~ By: )YLo'tiud h-tU~' Michael McLain By: By: Deborah A. McLain 11 "?,1""- ,.e ~_ _ ~_ ~__: I r 1--- - ,.'''~;.~ ~~ . LAW OFFICES SAInIS, SHUFF & MASLAND A. IlROfESSIONAL CORPORATION JOHN E. SLIKE ROBERT C. SAIDIS GEOFFREY S. SHUFF ALBERT H. MASLAND JOHNNAJ. DEILY RICHARD P. MISLITSKY t JAMES E. REID. JR. tt KARL M. LE1)EBOHM JOSEPH L. HITCHINGS MARK W. ALLSHOUSE 2109 MARKET STREET CAMP HILL, PENNSYLVANIA 17001.0737 TELEPHONE: (71 T) 737.3405 . FACSIMILE: (717) 737.3407 EMAlL: law@ssmattys.com CARLISLE OFFICE: 26 W. HIGH STREET CARLISLE. PA 17013 TELEPHONE: (717) 243-6222 FACSIMlLE: (717) 243-6486 REPLY TO CAMP HILL June 20, 2000 VIA CERTIFIED & REGULAR MAIL Deborah A. McLain c/o Patrick G. O'Connor, Esquire 3105 Old Gettysburg Road Camp Hill, P A 17011 RE: Members 1st Federal Credit Union Sale of Property Known and Numbered as 111 Round Ridge Road, Upper Allen Township, Cumberland County, Pennsylvania 17055 (the "Property") Dear Mrs. McLain: As you may recall, you executed a Forbearance Agreement on or about February, 2000 and a subse<luent Deed-in-Lieu of Foreclosure to Members 151 Federal Credit Union ("Members 1st") for the conveyance of the Property under the terms and conditions of the Forbearance Agreement. This letter conStitutes notice under paragraph 4 of the Forbearance Agreement of the sale of the Property at settlement held on June 12, 2000 as evidenced by the HUD-l Settlement Statement enclosed herewith for your reference. As reflected on the HUD-l, the net proceeds to Members 1 Sl were in the amount of $160,686.57 as reflected on line 603 plus the $90.00 reflected on line 1105 on the second page of the HUD-I, or a total of $160,776.57. The amount due to Members 1st as of the date of the application of the $160,776.57 was $186,061.83, leaving a deficiency balance of $25,285 .26 calculated as follows: I. Payoff of account # 170925-0 I 2. Payoff of account #170925-02 3. Total due to Members 1st 4. Less proceeds from sale of the Property 5. Deficiency balance $ 167,279.55 $ 18,782.28 $ 186,061.83 $ 160,776.57 $ 25,285.26 + CERTIFIED AS A CIVIL TRIAL ADVOCATE BY THE NATIONAL BOARD OF TRIAL AOVOCACY A PENNSYLVAN[A SUPREME COURT ACCREDITED AGENCY tt L.L.M. IN TAXATION Exhibit ''G'' :'4 n I I ~ A. Settlement Statement U.S. Department of HousinQ and Urban Development ~ ,r OMB No. 2502..()265 B. Type of Loan 1. o FHA 4. OVA 2. 0 FmHA 5. Ig] Conv. Ins. 3. 0 Conv. Unins File Number 597230 Loan Number 5722094ElEL Mortgage Insurance Case Number unknown C. NOTE: This form is furnished to give you a slatement of actual settlemenl costs. Amounts paid 10 and by the selUement agenl are shown. Items marked "p.o.c" were paid oulside of closing; they are shown here for informalional purposes and are not included in the lotals. D. NAME AND ADDRESS OF BORROWER:Brlan It Edwanls Lisa A. Edwanls 2245 Wagon Wheef, Easton, PA 18040 2245 Wagon Wheel, Easton, PA 18040 E. NAME AND ADDRESS OF SELLER: Members 1st Feden" Credit Union Mechanlcsburg, PA 17055 F. NAME AND ADDRESS OF LENDER: Wells Fargo Home Mortgage, Inc. 7495 New Horizon Way, Fredericksburg, MD 21703 G. PROPERTY LOCATION: 111 Round RldgeRoad Mechanlcsburg, PA 17055 H. SETTLEMENT AGENT: PLACE OF SElTLEMENT: TIN' SUSQUEHANNA VALLEY ABSTRACT, LLC 3805 MARKET STREET, CAMP HILL, PA 17011 25-1840634 I. SETTLEMENT DATE: 06112/20110 RESCISSION DATE: J. SUMMARY OF BORROWER'S TRANSACTION K. SUMMARY OF SELLER'S TRANSACTION 100. GROSS AII/IOlJNT DUE FROM BORROWER: 400. GROSS AMOUNT DUE TO SELLER: 101. Contract SaJea Ptice ""76 000. no 4Q1. Contract Sales Price $176 000.00 102. Personaj ProDert1J 402. Personal proDertv 103._SeWements charges to borrower: 403. (from line 1400) $10,708.49 104. 404. 10S. 40S. ADJUSTMENTS FOR ITEMS PAID BY SELLER IN ADVANCE: ADJUSTMENTS FOR ITEMS PAID BY SELLER IN ADVANCE: 106. City/town taxes to 406. City/town Taxes to 107. County Taxes 06/12/2000 to 12/31/2000 $227.89 407. County Taxes 06/12/2000 to 12/31/2000 $227.89 108. Assessments 06/12/2000 10 06/30/2000 $97.22 408. Assessments 06/12/2000 to 06/30/2000 $97.22 109. BOA 06/12/00 to 12/31/00 $24.46 409. BOA 06/12/00 to 12/31/00 $24.46 110. 410. 111. 411. 112. 412. 120. GROSS AMOUNT DUE FROM B(>RROWER: $187,058.06 420. GROSS AMOUNT DUE TO SELLER: $176,349.57 200. AMOUNTS PAID BY OR IN BEHALF OF BORROWER: 500. REDUCTIONS IN AMOUNT DUE TO SELLER: 201. Deposit or earnest money $1,000.00 501. Excess c;teposit (see Instructions) 202. Principal amount of new loan(5) $140,800.110 50~: SetUement charges to .seBer (line 1400) $15,663.00 203. Existing Ioan{s) laken subject to 503. Existing loan(s) taken subject to 204. Seoondar,y Finanoing $17,600.00 504. Payoff of first mortgl[lge 108n 205. 505. Payoff of second mo\1gage loan 206. ~96. 207. 507. 208. Diraat Bill Credit $7,909.75 508. 209. 509. ADJUSTMENTS FOR ITEMS UNPAID BY SELLER: ADJUSTMENTS FOR ITEMS UNPAID BY SELLER: 210. City/town taXfes to 510. City/town taxes to 211. COUI1t)' taxes to 511. County tax.. to 212. Assessments to 512. Assessments to 213. 513. 214. 514. 215. 515. 216. 516. 217. 517. 218. 518. 219. 519. 220. TOTAL PAID BY/FOR $167,309.75 520. TOTAL REDUCTIONS $15,663.00 BORROWER: IN AMOUNT DUE TO SELLER: 300. CASH AT SETTLEMENT FROMITO BORROWER: 600. CASH AT SETTLEMENT TO/FROM SELLER 301. Gross amount due from borrower (line 120) $187,058.06 601. Gross amount due to seller (line 420) $176,349.57 302. Less amount paid by/for borrower (line 220) $167,309. 75 602. Less reductions in amt due seller (line 520) $15,663.00 303. CASH ( OOFROM) (OTO) BORROWER: $19,748.31 603. CASH ( o FROM) ( OOTO) SELLER: $160,686.5].. HUD-1 (3-86) - RESPA, HB 4305.2 Exhibit "F" PAGE 1 .,. " HUO.t (Rev, 3fB()j L, SETTLEMENT CHARGES OM~ No. 2502-0265 700. TOTAL SALES/BROKER'S COMMISSION PAID FROM "AID FROM BASED ON PRICE $176,000,00 @ 7 %= $12,320.00 BORROWER'S SELLER'S DIVISION OF COMMISSION (LINE 700) AS FOLLOWS: FUNDS fUNDS AT AT 701, $7,065.00 to Cent~ 21 - Piscioneri SETTLEMENT SETTLEMENT 702. $5,255.00 to Co~dwe~~ Banker Homesale Services Group 703. Commi$Sion paid at settlement $12,320.00 704. Transact:ion Fee to Coldwel~ Banker HSG/Century 21-Piscioneri $125.00 $125.00 800 ITEMS PAYABLE IN CONNECTION WITH LOAN' eOl. Loan origination fee 1.0000% to We21.s Fargo Home Mortgage, Inc. $1,408.00 802. Loan discount 1. 5000 % to WeLls Fargo Home Mortgage, Inc. $2,112.00 803. Appraisal fee 10: Lenders Service, Inc. $325. 00 8040 Credit raport lo: 5MB MTG sues $15,00 805. Lender's inspection fee Wells Fargo Home Mortga.ge, Inc. a06. Mortgage insurance application fee 10 W:ells Fargo Home Mortgage, Inc. 807. Assumption fee Wells Fal:go Home Mortgage, Inc. 008. Processing Fee to We1.1.s Fargo Home Mortgage, Inc. $100.00 809, F1.ood Zone Determ:. Fee to We1.1s Fargo Home Mort. , Inc. $16.00 810. Tax Service Fee to Nets E1.ectronic Tax Service $98,00 811. 900. ITEMS REQUIRED BY LENDER TO BE PAID IN ADVANCE' 901. Interest from 06/12/2000 to 07/01/2000 @ $25.5o/day $485,64 902. Mortgage insurance premium for me:s.la 903. Hazard insurancEt premium for yrs. to 904. Flood Insurance premium for "" to 905, 1000, RESERVES DEPOSITED WITH LENDER: 1001. Hazard insuml1<:e 4.00 monlhs@ 1002. Mortgage insurance months@ 1003. Clly property taxes months@ 1004. Counlypropertylaxes 5.00monlhs@ 1005. Annual assessmenls months@ 1006. Flood insurance monlhs@ 1007. School 13.00 monlhs@ 1008. monlhs@ 1009. A gre ate Accountin Escrow Ad 'ustment 1100. TITLE CHARGES: 1101. Seltlementorcloslngfee-Io SaSQUEHANNA VALLEY ABSTRACT, LLC 1102. Abslnactor tiUe Iilearchto 1103. 1iUa examinalion 10 1104. TrUe insurance binder 10 1105.Documentpreparalionto Gen-~ 2~ P%sc:i:ol1ezi '.'~. , 1106. Nolary feQ$ to Sherry L. DeckJnan 1107. A1tomey'sfees 10 LAW OFFICE OF DARRELL C. DETHLEFS (Includes above ilems Numbers: 110e. lille insurance to Security Ti"t1.e/SVA, LLC (includes al:Jove Ilems Numbers: end. 100, 300, 8.1 & 6 1109. lender's coverage 1110.0wne(scoveraQ6 1111. Escrow for Radon Remediation S stem 1112. Escrow :Eor Re~o-cation or Phone Line 1113. HOA Initiation Fee (B)/HOA Dues (1999 & 2000) (8) 1200. GOVERNMENT RECORDING AND TRANSFER CHARGES: $22~ 92permonth per month per month $34.94 per month ,permonth per month $159.25permonlh perfrnmth $91.68 $174,70 $2,070,25 ($208.53) ,: :.t \.:., /'", u >$90.,.00. $140,800.00 ) $176,000,00 ) $25.00 $700,00 $275.00 $88.00 1201. Record'IJIQfees: Deed $25.50 : Mortgage $41.50 ; ReJeases $67.00 1202. City/county tax/stamps: 0..0 $~, 760.00; Mortgage $1,760.00 1203. State IBXilltamps: Deed $1, 760. OO;Mo~ago $1,760.00 1204. 1205. 1300 ADDITIONAL SETTLEMENT CHARGES' 1301. Survey to 1302. Foest Inspection to Biechl.er & Til..1ez:y $35, 00 1303. Radon Test: to Biech.ler & '1!i~lery $95.00 1304. Home Inspection to Biechl.er & Till.ery $250.00 1305. Erdman Anthony Associates $75.00 1306. Tax Lien Cert. Fee to Century 21 - Piscioneri $5,00 13070 Frost Coat Painting $300.00 -14WTOTAL SEliLEMENT CHARGES _.-. -- - - -. - ~~--"-- - - - --~- --~-~.----,----~ ~-~ "- - -.--- ---~ - - -~---' -- $10,708.49 $15,663.00 I have carefully reviewed the HUD-1 SetUement Statement and to the best of my knowledge and belief, it is; a true and accurate statement of all receipts and disbursements made on my account or by me in thi_s transaction. I further certify that 1 have received a copy of Ihe-HUD~1 Setuemenl Statement C~ ,~ ._~S2 BOIT"""": 'iL, ' \N"'~ Brian K. Edwards Oal.: 6'" 'CCj ..GJ b -/:>- -ve) Date:.' ?""" Bo"ow.r:i{:~ 0 t!L~~ Lisa A. Edwards oate:# Seller or Agent Date: The HUD-1 Settlement Statemenl Which I have prepared is a true and accurate account of this transaction. I have caused 0 with this statement. sa the funds to be disbursed in accordance Dale: SetUement Agent Oat.: [, - ( ) .IX) Dar. Dethlefs, Esquire WARNING: It is a crime (0 knowingly make false statements (0 the United States on this or any other similar form. Penalties upon conviction can include a fine Bnd imprison~ menl For details see: Title 18 U.S. Code Section 1001 and Section 1010. . ~. As part of your obligation under paragraph 4 of the Forbearance Agreement, you remain obligated for $10,000.00 (the "Deficiency") of the above-referenced deficiency balance. This letter constitutes notice to you under the terms and conditions of the Forbearance Agreement to provide to Members 1 st within thirty (30) days of the.date of this letter all of your personal financial information which Members 1 Sl may require including, without limitation, personal financial statements and copies of signed federal income tax returns, and to enter into an agreement with Members 1 st and execute any and all documentation required by Members 1 st for the repayment of the Deficiency. In the event the parties are unable to agree to the terms and conditions as to the repayment of the Deficiency to Members 1st within thirty (30) days of the date of this letter, Members 1st may immediately and without notice to borrowers exercise any and all of its rights under the loan documents, at law and in equity against you and your property for the repayment of the Deficiency, without further notice. In such event, in addition to the Deficiency, you will also be responsible for interest on the Deficiency at the rate set forth in the Note ~videncing loan account #170925-01 from the date of this letter, together with any attomej's'fees and costs incurred by Members 1st in connection with enforcing its rights and remedies against you under the Forbearance Agreement and the loan documents to collect the Deficiency. " Please contact Joyce Baum of Members 1st directly for purposes of providing the above- referenced financial information. You may reach Joyce Baum at (717) 795-6018. Nothing herein shall be construed as a commitment on behalf of Members 1st Federal Credit Union to accept any terms and conditions in exchange for the payment in full of the Deficiency except for the immediate payment of the full amount of the Deficiency. This letter is an attempt to collect a debt and any information obtained or provided will be used for that purpose. An important notice of rights is stated on the reverse side of this letter. Very truly yours, SAlOIS, SHUFF & MASLAND !///)~ f) :;/) /0' A" j. ,. / ,/ / ~/., / ~ , _r~;' '~ ___ ___- il....(.> r' I / f- ~ --\.! L ~ I ~ - - - I Karl M. Ledebohm KML/cg Enclosures cc: Joyce Baum (w/o enc1) ,;~ ~,. ~. ,-.- ,r,,; , I- ~. . , -~"... LAW OFFICES SAIDIS, SHOFF & MASLAND A PROFESSIONAL CORPORATION JOHN E. SLlKE ROBERT C. SAIDIS GEOFFREY S. SHUFF ALBERT H. MASLAND JOHNNA J. DEILY RICHARD P. MISLITSKY t JAMES E. REID. JR. tt KARL M. LEI:\EBOHM JOSEPH L. HITCHINGS MARK W. ALLSHOUSE 2109 MARKET STREET CAMP HILL, PENNSYLVANIA 17001.0737 TELEPHONE: (717) 737.3405' FACSIMILE: (717) 737.3407 EMAIL: law@ssmattys.com CARLISLE OFFICE: 26 W. HIGH STREET CARLISLE. FA 17013 TELEPHONE: (717) 243.6222 FACSIMILE: (717) 243.6486 REPLY TO CAMP HILL June 20, 2000 VIA CERTIFIED & REGULAR MAIL Michael P. McLain 6706 East Pass Madison, WI 53719 RE: Members 1st Federal Credit Union Sale of Property Known and Numbered as 111 Round Ridge Road, Upper Allen Township, Cumberland County, Pennsylvania 17055 (the "Property") Dear Mr. McLain: As you may recall, you executed a Forbearance Agreement on or about February, 2000 and a subse<}uent Deed-in-Lieu of Foreclosure to Members 1st Federal Credit Union ("Members I st,,) for the conveyance of the Property under the terms and conditions of the Forbearance Agreement. This letter constitutes notice under paragraph 4 of the Forbearance Agreement of the sale of the Property at settlement held on June 12, 2000 as evidenced by the HUD-l Settlement Statement enclosed herewith for your reference. As reflected on the HUD-l, the net proceeds to Members I st were in the amount of $160,686.57 as reflected on line 603 plus the $90.00 reflected on line 1105 on the second page of the HUD-I, or a total of $160,776.57. The amount due to Members 1st as of the date of the application of the $160,776.57 was $186,061.83, leaving a deficiency balance in the amount of$25,285.26 calculated as follows: 1. Payoff of account #170925-01 2. Payoff of account #170925-02 3. Total due to Members l't 4. Less proceeds from sale of the Property 5. Deficiency balance $ 16V79.55 $ 18,782.28 $ 186,061.83 $ 160,776.57 $ 25,285.26 t CERTIFIED AS A CIVIL TRIAL ADVOCATE BY THE NATIONAL BOARD OF TRIAL ADVOCACY A PENNSYLVANIA SUPREME COURT ACCREDITED AGENCY tt L.L.M. IN TAXATfON " ~'" -, ~ ~ ,- , I . ~_....4l ,~ ~~, ~ ~ As part of your obligation under paragraph 4 of the Forbearance Agreement, you remain ,ibligated for $10,000.00 (the "Deficiency") of the above-referenced deficiency balance. This letter constitutes notice to you under the terms and conditions of the F orbear.anc~ Agreement to provide to Members 1st within thirty (30) days of the-date of this letter all of your personal fmancial information which Members 1st may require including, without limitation, p(;[8oflal financial statements and copies of signed federal income tax returns, and to enter into an agreement with Members 1 ,t and execute any and all documentation required by Members 1 st for the repayment of the Deficiency. In the event the parties are unable to agree to the tenus and conditions as to the repayment of the Deficiency to Members 1st within thirty (30) days of the date of this letter, Members 1st may immediately and without notice to borrowers exercise any J.rid all of its rights under the 10an documents, at law and in equity against you and your property for the repayment of the Deficiency, without further notice. In such event, in addition to the Deficiency, you will also be responsible for interest on the Deficiency at the rate set forth in the Note evidencing loan account #170925-01 from the date of this letter, together with a!1Y "ttomey's fees and costs incurred by Members 1st in connection with enforcing its rights and remedies against you under the Forbearance Agreement and the loan documents to collect the Deficiency. Please contact Joyce Baum of Members 1st directly for purposes of providing the above- ; efcrenced financial information. You may reach Joyce Baum at (717) 795-6018. Nothing herein shall be construed as a commitment on behalf of Members 1st Federal Credit Union to accept any terms and conditions in exchange for the payment in full of the Deficiency except for the immediate payment of the full amount of the Deficiency. This letter is an attempt to collect a debt and any information obtained or provided will be u"ed for that purpose. An important notice of rights is stated on the reverse side of this letter. Very truly yours, SAlOIS, SHUFF & MASLAND ./ - 1/' (; n ' , , I ,-' : " . }~'..I ~',.' . I;; ;' / ) f " /" I, ! / . ; > / // . / ;. '. .; I -c ~j/.-/ .I (' - - / .:'.. t''--~ (<I L :~.' /' ...__.-'~_"~--____ ,I Karl M. Ledebohm K;VIL/cg Enclosures cc: Joyce Baum (w/o enc1) ,~ .. ., " o' I""'F'_I - ~~ T Complete items 1. 2, anq 3. Also complete item 4 if Restricted Delivery Is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: L t;,.,~bD roL. A ;ttc. c<~).o- j () (~ ,/", ~ /t> c-" C- () ':to:-n--c I<:.c,,". CL""""'I ;2s"( .3//): ci~G~sbo!3 6?c~J:\ G-~ 1--(;(\) P1>- 170/( A. R, ~v~ by (Please "print Cfei''!Y~ B. ate O~liVery . U'/,__.".,<"'_"",-,,- V-<"" /. '''/_ ~~~. ~ ~ ..J <>'_ '-'v ~ s~:~' k UAJ/~gent /':-;i 6J" - 0 Addressee D. Is delivery address different from item 11 0 Yes If YES, enter delivety address below: 0 No 3. Service Type ~ Certified Mail o Registered o Insured Mail o Express Mail o Return Receipt for Merchandise DC.O,D. 4. Restricted Delivery? (Extra Fee) DYes 2. Article Number (Copy from saMea label) R .:;?-- "3 53 3/)"'~ c....)",3 PS Form 3811, July 1999 Domestic Return Receipt SENDER: I also wish to receive the -Complete items 1 and/or 2 for additional sel"ViC9s. -Complete itams 3, 4a, and 4b. following services (for an _ Print your name and address on the reverse of this fean so that we can return this extra fee): card to you. -Attach this form to the front of the mailpiece. or on the back if space does not 1. 0 Addressee's Address permit -Write"R9tUm Recsipt Rsq//estoo" en the mwlpiGoo below the article number. 2. 0 Restricted Delivery _The Return Receipt will show to whom the artide was delivered and the date delivered. Consult postmaster for fee. 3. Article Addressed to: 4a. Article Number He:) dS'e{ e -~ C71 ~t cta.oD. ~\ C La, \0''- ~ 4b. Service Type ~!DIo EcC3'~ I~ -, o Registered .ia Certified ~ o Express Mail o Insured Jv\()...Gt -Si5'r\ ) C.ur 53119 o Retum Receipt for Merchandise o COD 7. ~te o~::te:t, r 1 'J':;' c.( - Lv 5. Received By: (Print Nam9) 8. Addressee's Address (Only if requested and f66 is paid) 6. SignatuJ, (AddrBSSBe or Agent) , v'-- #fA . .d'"~ ~. ~ ;; " <n :;; > e " = c o ." " a; Q. E o o <Ill = o ,.. !!! PS I=<lfm 3811, December 1994 Exhibit "Il" 10259S.99.M-17S9 ~ o ~ " Ul Q. Qj o " a: E " a; a: '" c ;;' :I - oS :I o ,.. ... " .. .s: .... 102595-97-8-0179 Domestic Return Receipt -, ;:-'I(~, !", "n" r -l,-~' ....i.... .Saidis, Shuff & Masland 2109 Market Otreet /._:, .~"". .;: <) ,~: Camp Hill, PA 17()11;;-\~~'> ';,; .. f'( \ ~1'<'l: I, :::> l_ - _;:),::.-___-:;-:;__u \ . I '~;':-J <;; ,.' 9> \, ~....... U.S. POSTAL SE.VICE C RTIFICA TE OF MAIL! G MAY BE USED FOR DOMESTIC AND INT~NATIONAL MAil, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER PS Form 3817. Mar. 1989 GPO 1993 0 - 151-051 Z 353 372 083 . Postage Certified Fee Spada! Delivery Fee Restricted Delivery Fee "' m Retum Receipt ShowinjJ1O- .... Whom & Date Oe~\ler8d "a. AebJmReceipt~ogto~WI\Om, <( Date.&Addressee's_ g TOTALPosta~&"F.ees, tJ" ..;:p, CD - - \ '--. ~ Postmart< or Da~ \. k.i/' <5 u.. (f) a. , 'r ,/1'i<J!.r,:...<:lf<ir.... k.;c .......~ ;~ ~ ;.~ <,'~-;-;;~. : ~ '-'j - " .~: ';) 0 j!i .:..:; " ;}-,\ ~- ~~~~ . -~ ,;;tt,\IJl\'! i" U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAil. DOES NOT PROVIDE FOR INSURANCE-POSrMASTER Received From: Saidis, Shuff & Masland 2108 Mi:l.Il\et 3tr~ Camp Hill pc. 17 c;"., , '/" "'\ ' "" ~ ,......, "'-J /,....j ,::;.: \" \ On. Pi'C~ of o,din.", '1"i! .~,....~ to, L \ -\ ~(? . , M' ~ 0.&1 /vi \" ~/' J" Ie " '. . c IX~:/' ,,":'/ {p Ie (., Fu€l' fl/l-'~:'<~: s.::/ M [, L '-""'" ::)3 '7 (Cf .():.cl,,:S5'r') L'J- ~)l'J:j\' " ,";-,' .,......... -. ;--_n_""-'-.~'i . i.~ : ',~.J " PS Form 3817. Mar. 1989 GPO 1993 0 - 151-051 Z 077 325 258 us Postal SeNice . Receipt for Certified Mall No Insurance Coverage Provided. 00 not use for International Mail 'See reverse So tt~;J..,~ f\cJ.c,';"'- Sl~el & Number c,}- L ~::, 11:1[,(,;, CGCS\ \ Pos. ice, ~~te, & ZIP Cod', 5.3'71 q .".'<",11\, (,c::I . .33 . '-f 0 postage $ Certified Fee Special Delivel'f Fee Restricted Delivery Fee :g Aetum Receipt Showing to e Whom & Date Delivered ..- ~ Return Receipt Showing)dWhom, <( Date, & Addressee's Addres C /----/ Q TOTAL postagei&-rlfes CO . M postmark or Date -' . E (; u.. en <l. rT' , "' , ';,.. ;:n ' !-; ,- ".:;.' -' ,; '~(.": :;:;~ " " ~ ~^ ~.l" ~-. JAMES D. FLOWER JOHN E. SLIl<E ROBERT C. SAlOIS GEOFFREY S. SHUFF JAMES O.FLOWER. JR. CAROLj. UNDSAY jOHNNAj. KOPECKY . ..KARL M. LEDEBOHM JOSEPH L. HITCHINGS THOMAS E. FLOWER LAW OFFICES SAIDIS, SHUFF, FLOWER & LINDSAY A PROFESSIONAL CORPORATION 2109 MARKET STREET CAMP HILL. PENNSYLVANIA 17011 TELEPHONE: (717) 737.3405. FACSIMILE: (717) 737.3407 EMAlL: attomey@ssfl-law.com OF COUNSEL ALBERT H. MASLANO CARUSLE OFFICE: 26 W. HlGH STREET CARUSLE. PA 17013 TELEPHONE: (717)243-6222 FACSIMILE: (717)243-6486 REPLY TO CAMP HILL October 11,2000 CERTIFffiD MAIL, RETURN RECEIPT REQUESTED AND REGULAR MAlL Michael P. McLain 6706 East Pass Madison, WI 53719 RE: Members 1st Federal Credit Union Sale of Property Known and Numbered as 111 Round Ridge Road, Upper Allen Township, Cumberland County, Pennsylvania 17055 (the "Property") Dear Mr. McLain: As you may recall, you executed a Forbearance Agreement on or about February, 2000 and a subsequent Deed-in-Lieu of Foreclosure to Members 1st Federal Credit Union ("Members 1st") for the conveyance of the Property under the terms and conditions of the Forbearance Agreement. By letter dated June 20, 2000, Members 1St informed you of the deficiency as required under paragraph 4 of the Forbearance Agreement. A copy of the letter dated June 20, 2000, is again enclosed for your reference. Under the terms and conditions of the Forbearance Agreement, you were required to contact Members I st and to submit all financial information which Members I st may require and to enter into an agreement with Members 1 st and execute any and all documentation required by Members 1 st for the rep~yment of the deficiencyballl:Q.ce within thirty (30) days of the letter dated June 20, 2000. As 'of the date hereof, you have failed to contact Members 1st or to provide any of the information set forth above. Additionally as of the date hereof, you have failed to pay to Members 1st the deficien<:y in the amount of $10,000.00 together with interest at the rate provided in the Note as set forth in paragraph 4 of the Forbearance Agreement. .' ""'. .'. Exhibit "I" L- ,~ _1_"'" , . . ~ For the above reasons, you are in default of your obligations under the Forbearance Agreement. As a result of your defaults under the Forbearance Agreement, Members 1" hereby demands immediate payment in the amount of $10,477. 19 calculated as follows: 1. Principal deficiency amount: $ 10,000.00 2. Interest through October 5, 2000: $ 227.19 3. Legal fees: $ 250.00 4. Total due to Members 1" as of October 5, 2000: $10,477.19 Unless payment in the amount of $10,477.19 is received by Members 1st within ten (10) days of the date of this letter, Members 1st has instructed our firm to pursue its remedies against you under the Forbearance Agreement including, without limitation, bringing a legal action in a court of appropriate jurisdiction to collect the above-referenced deficiency. In such event, in addition to the above amounts, you may be subject to additional legal fees and costs incurred by Members 1st in connection with the collection of the above-referenced deficiency. Payment must be in the form of a certified or cashier's check made payable to Members 1st Federal Credit Union. Nothing herein shall be construed as an offer to compromise the debt or as a commitment on behalf of Members 1" to accept any terms and conditions in exchange for payment in full of any amounts due to Members 1 st except for the immediate payment of all amounts due to Members 1 st as set forth above. This letter shall be without prejudice to and shall not be deemed a waiver or postponement of any rights or remedies available to Members 1st, including, without limitation, Members 1st,s rights to accept partial payments without waiving demand for payment in full of all obligations due under the above-referenced Forbearance Agreement or reinstating Borrower's obligation. Neither this letter nor any subsequent discussion shall be deemed offers to extend the maturity of the loan or otherwise waive any defaults thereunder. Members 1st looks forward to receipt of payment in the amount of $10,477.19 in the immediate future. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION PROVIDED OR OBTAINED WILL BE USED FOR THAT PURPOSE. KML/jas Enclosure cc: Joyce Baurn (w/enc.) Very truly yours, SAlYJ,~"'^~tiFF .,F,~reo ,[""IN, DS, A Y /6', / /' ,I f" .I / I /~,.. ,/ ! .I / ,/ /;;..,' / /-'"' I ./ ~(.,/!-.,? \~\ t1T arl M: Lede ohm v ''-'- V'-'-'~---- '..._-,-~ ,,-,~~ " -. ~ , I,' F ,-, , I' JAMES D. FLOWER JOHN E. SLIKE ROBERT C. SAIDIS GEOFFREY S. SHUFF JAMES D. FLOWER, JR. CAROL J.LlNDSA Y JOHNNAJ. KOPECKY KARL M. LEDEBOHM JOSEPH L. HITCHINGS THOMAS E. FLOWER LAW OFFICES SAIDI~, SHUFF, FLOWER & LINDSAY A PROFESSIONAL CORPORATION 2109 MARKET STREET CAMP HILL, PENNSYLVANIA 17011 TELEPHONE: (717) 737.3405. FACSIMILE: (717) 737.3407 EMAIL: attomey@ssfl-law.com OF COUNSEL ALBERT H. MASLAND CARLISLE OFFICE: 26 W. HIGH STREET CARLISLE, P A 17013 TELEPHONE: (717)243-6222 FACSIMILE: (717)243-6486 REPLY TO CAMP HILL October 11, 2000 CERTIFIED MAIL, RETURN RECEIPT REQUESTED AND REGULAR MAIL Deborah A. McLain c/o Patrick G. O'Connor, Esquire 3105 Old Gettysburg Road CampHilI,PA 17011 Deborah A. McLain 7123 Jackson Street Mentor, OR 44060-5060 RE: Members l,t Federal Credit Union Sale of Property Known and Numbered as 111 Round Ridge Road, Upper Allen Township, Cumberland COUlllty, Pennsylvania 17055 (the "Property") Dear Ms. McLain: As you may recall, you executed a Forbearance Agreement on or about February, 2000 and a subsequent Deed-in-Lieu of Foreclosure to Members 1st Federal Credit Union ("Members 1 st,,) for the conveyance of the Property under the terms and conditions of the Forbearance Agreement. By letter dated June 20, 2000, Members 1 st informed you of the deficiency as required under paragraph 4 of the Forbearance Agreement. A copy of the letter dated June 20, 2000, is again enclosed for your reference. Under the terms and conditions of the Forbearance Agreement, you were required to contact Members 1 st and to submit all financial information which Members 1 st may require and to enter into an agreement with Members 1 st and execute any and all documentation required by Members 151 for the repayment of the deficiency balance within. thirty (30) days of the letter dated June 20, 2000. As of the date hereof, you have failed to contact Members 1st or to provide any of the information set forth above. Additionally as of the date hereof, you have failed to pay -., , -, " ~ ~~ ,~"~ " to Members 1st the deficienl, in the amount of $10,000.00 togeth.. W'ith interest at the rate provided in the Note as set forth in paragraph 4 of the Forbearance Agreement. ., For the above reasons, you are in default of your obligations under the Forbearance Agreement. As a result of your defaults under the Forbearance Agreement, Members 1 st hereby demands immediate payment in the amount of$10,477.19 calculated as follows: 1. Principal deficiency amount: $ 10,000.00 2. Interest through October 5, 2000: $ 227.19 3. Legal fees: $ 250.00 4. Total due to Members 1st as of October 5, 2000: $ 10,477.19 Unless payment in the amount of $10,477.19 is received by Members 1st within ten (10) days of the date of this letter, Members 1st has instructed our firm to pursue its remedies against you under the Forbearance Agreement including, without limitation, bringing a legal action in a court of appropriate jurisdiction to collect the above-referenced deficiency. In such event, in addition to the above amounts, you may be subject to additional legal fees and costs incurred by Members 1st in connection with the collection of the above-referenced deficiency. Payment must be in the form of a certified or cashier's check made payable to Members 1st Federal Credit Union. Nothing herein shall be construed as an offer to compromise the debt or as a commitment on behalf of Members 1 st to accept any terms and conditions in exchange for payment in full of any amounts due to Members 1 st except for the immediate payment of all amounts due to Members 1 st as set forth above. This letter shall be without prejudice to and shall not be deemed a waiver or postponement of any rights or remedies available to Members 1st, including, without limitation, Members 1st,s rights to accept partial payments without waiving demand for payment in full of all obligations due under the above-referenced Forbearance A~reement or reinstating Borrower's obligation. Neither this letter nor any subsequent discussion shall be deemed offers to extend the maturity of the loan or otherwise waive any defaults thereunder. Members 1st 100ks forward to receipt of payment in the amount of $10,477.19 in the immediate future. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION PROVIDED OR OBTAINED WILL BE USED FOR THAT PURPOSE. KMLljas Enclosure Very truly yours, S~A'~~..F.f~r;. ..' R & LINDSAY ~/11;/ <~} ,/ ./ !K;;{ J'~ debOhm <: ;------- ;:$i~~" I"f' I 'I' r ,I I-f' '..M ....-~ , . MEMBERS FIRST FEDERAL CREDIT UNION, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : NO. v. MICHAEL P. MCLAIN AND DEBORAH A. MCLAIN, Defendants CIVIL ACTION - LA Vol COMPLAINT IN ASSUMPSIT VERIFICATION I, Joyce Baurn, Collections Supervisor, for Members 1st Federal Credit Union, being authorized to do so on behalf of Members 1st Federal Credit Union, hereby verifY that the statements made in the foregoing pleading are true and correct to the best of my information, knowledge 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. MEMBERS 1sT FEDERAL CREDIT UNION Date: ((1~ I BY:~.~ Joy. &'<turn Collections Supervisor . i;\~~, _~~ - ~- '," I ~- ~ " - < r,- . 1- l~- II! I ._~ . rF ..... G.. t~ ~ '~"""""""'- "I""V.' "U" """"""""'~Mk'''~r.'''w ~"lImllllm TTI"rll1lWiliillll ~ ~ (') <:> 0 ~ ~..r R "'0 ._. :?: I"f:q"'i ::::.. .~=:' -;:.0' ~ -c , ~ ~ 1"; ~;.--:: L~l... I (n .J..... -/>,. '" .\,..., ~~? ) (l, <;; III ::,~ .....:r,c::" -{; 2') =-i: ~i? 0{;' j>C) Vi ~ $> c: ~ ~) 'CJ z: ." ~ ~ (..> Xl -< -'~~~""" ~~ _~....., t ~~~~mll1m:~'~!l!\'~FNI',",,,,,,,,;c_!;,.,,,,'1~I0Yj''f!')"ilfflmR1'':~."''l'''''m~~~~ij!lWfiiIDHi!~~j;,.i~~l!Plilf"'!~~_""""f","'.AW!ii " . MEMBERS FIRST FEDERAL CREDIT UNION, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : NO. 01-2620 v. MICHAEL P. MCLAIN AND DEBORAH A. MCLAIN, Defendants : CIVIL ACTION - LAW : COMPLAINT IN ASSUMPSIT RETURN OF SERVICE PURSUANT TO PA. R.c.P. 3129.2(c)(2) I, Karl M. Ledebohm, Esquire, of the firm of SAlOIS, SHUFF & MASLAND, attorneys for Members First Federal Credit Union, Plaintiff, hereby certify that I served a copy of the Complaint upon Defendant, Deborah A. McLain, outside of the Commonwealth ofPennsylvania by certified mail, restricted delivery, return receipt requested, as permitted under Pa. R.C.P. 404(2) and 403 on May 10,2001. The said Defendant, Deborah A. McLain, received the Complaint on May 10,2001 as evidenced by her signature on PS Form 3811, a copy of which is attached hereto as Exhibit "A" and made part hereof. Respectfully submitted, By: ';-~[,- ..,. - ~,~, ' n"f n ' ~ ~ ~~,!IW < ~ >; Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can retum the card to you. . . Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: A~eived by (Please Print Clearly) ,j t. FlL A;" '//"/"'/Y..:,!- A I " '(. . ,.~.~ ,f'" , . VJ... C. Signature D. Is delivery address different from item 1? 1f YES, enter delivery address below: o Agent o Addressee DYes DNa x fuborah A. McLain 7123 Jackson STreet Mentor, Ohio 44060-506 MAY 1 4 2nD1 I 3. Service Type : XOO Certified Mail o Registered o Insured Mail o Express Mail o Return R~eipt for Merchancis8 o C.O.D. 4. Restricted Delivery? (extra Fee) lOJ!fes 2_ Article Number (Copy from service label) PS Form 3811. July 1999 Domestic Return Receipt 102595-00../\1-0952 (I I ,I <lll\)\ C 'I: /It b, t.. l-t MEMBERS FIRST FEDERAL CREDIT UNION, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : NO. 01-2620 v. MICHAEL P. MCLAIN AND DEBORAH A. MCLAIN, : CIVIL ACTION - LAW Defendants : COMPLAINT IN ASSUMPSIT RETURN OF SERVICE PURSUANT TO PA. R.c.P. 3129.2(c)(2) I, Karl M. Ledebohm, Esquire, of the firm of SAlOIS, SHUFF & MASLAND, attorneys for Members First Federal Credit Union, Plaintiff, hereby certify that 1 served a copy of the Complaint upon Defendant, Deborah A. McLain, outside of the Commonwealth of Pennsylvania by certified mail, restricted delivery, return receipt requested, as permitted under Pa. R.C.P. 404(2) and 403 on May 10,2001. The said Defendant, Deborah A. McLain, received the Complaint on May 10,2001 as evidenced by her signature on PS Form 3811, a copy of which is attached hereto as Exhibit "A" and made part hereof. Respectfully submitted, SAlOIS, SHU~'F~OWER & LINDSAY // 1/ F'. ) By: t'v--J/ 1<._ Ii / .Karl M. Ledeb&un, Esq're / Supreme Court ID #59012 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 Attorney for Plaintiff ',~ I-T' I' ~-" .,,~~~ .....c .. ( Complete Items 1, 2, and 3. Also complete item 4 jf Restricted Delivery is desired, . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mail piece, or on the front if space permits. ,. R~e~ved by (p'!ease Prin~ Clparly) <f , .: /1.,.';/ t .,/.', ~~ //1 .t,', C. Signature x o Agent D Addressee Dyes o No 1. ArtIcle Addressed to: D. Is delivery address different from item 1? If YES. enter delivery address below: ~orah A. McLain 7123 Jackson STreet Mentor, Ohio 44060-506 "a" "'I!f-\.f .: "* zoo. 3. Service Type X~ Certified Mad I 0 Registered I 0 Insured Mail 4. Restncted Delivery? (&tra. Fee) I o EXpress Mail o Retum Receipt for Merchandise DC,O.O. l!:ll!fes 2. ArtIcle Number (Copy from service !abel) PS Form 3811, July 1999 Domestic Return Receipt lQ2595.0Q.M.0952 C. I ,-tkb.L " r~" ~u> " ~~ 0' ~,_ ~~~liliil!lif\'ll\\ '" "~. . ,. ~.'- ,., I "-',". '. ""~-"'-~'" .~,- - ,,~-~=-.. ,.. """. >,- -"&"-~' mom "l,liIl . C) C:-J cl f~ " 8" C.-. ~ ,,- -< ~ '- , f',,,) en c ~ '-' ""-'" .> 8 z :u: ,: f",_; , , 'm~ ~:: ~-',) ,:,:,;2 =< ',J ~ -< .~~~~W~~'lM'j'~Jl;';"~11M'l!%1C'!t1!'"'):'0!"-W'l,",,"'"7!''i!',,*,,'$,*~_~I!l\~4,!w!;;jj'$'j~-t~lM~'''''1l:L~'''':'l''''~~ MEMBERS FIRST FEDERAL CREDIT UNION, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : NO. 01-2620 v. MICHAEL P. MCLAIN AND DEBORAH A. MCLAIN, Defendants CIVIL ACTION - LAW : COMPLAINT IN ASSUMPSIT ACCEPTANCE OF SERVICE 1, Michael P. McLain, Defendant in the above-referenced matter hereby accept service of the Complaint, filed in the above-captioned matter and certifY that I am authorized to do so. By: ~ M.~~ ;J M~ Michael P. Mc ain Date: (, -SO - 0 l ",.,-- ,~ , ~,-" - or, I'f"" r, " I " " 6~ "- "'" ~ !!l~ _r:Mf!!!fI!~~"._, --. ~ , , '''~-~ ~,~- , .-~.~M'" ~. '~-I' "'-,,- ~'~'''''K.i--~=--''''-'f'''' JUN 1 3 2001 ,~, c.: ~t.' i":;. P~:L; 2~ [~: r :~-- ..:..:-, ~~ -i-~- ill'nll ""~r"~JI[~"--Jir'-' _C',",";' c/ ,- C.' !",,","~.iffll!llI!IlNl"~~~ ~_~-'T ~~[!!tp'j!<~""~i~w'''''~_''~<Pj~,,,~'j\''iljirV,'W't>lt:tlllJ!MW~fli~iW~''!l;;'~~~mmlI~~~4; :.""",; ".,' ,<'.~ -,~ '" MEMBERS 1 ST FEDERAL CREDIT UNION IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA PLAINTIFF Vs. NO.: 01-2620 Civil Term MICHAEL P MCLAIN and DEBORAH A MCLAIN DEFENDANTS : CIVIL ACTION-LAW NOTICE OF INTENT TO PROCEED Please take note that Plaintiff, Members 1st Federal Credit Union, intends to proceed in this matter pending final resolution by the parties. Date I~-Iq-O> arl . Lede ohm, Supreme Court ill # : P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 Attorney for Plaintiff :'''''''fI>~, "7 "f 1,"1.'1". ',' . ',-1'- ~ . - t ~.' ....~ "'".;.-J_ he T h ,," ",.' '"""'''"''"'~''-'--""Tlliil.tll11iliTIIT U ri"lmf;lill~IC' f~}L C) ~;; (. ,-- ~.. .:) ". <:::;) ", 2: ~J' C'-, -I:) a (-) *=:. 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