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08-6592
10/. Karl A Ledebohm, Esquire P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 MEMBERS 1' FEDERAL CREDIT UNION PLAINTIFF Vs. BRADLEY M. BRYAN DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA NO.: p$ -&69A 0'iva I-er 1 : CIVIL ACTION -LAW : MORTGAGE FORECLOSURE NOTICE TO DEFEND AND CLAIM RIGHTS THIS LAW OFFICE IS A DEBT COLLECTOR AND WE ARE ATTEMPTIING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claims or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717)249-3166 OR (800)990-9108 Karl M. Ledebohm, Esquire P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 MEMBERS 1sT FEDERAL : IN THE COURT OF COMMON PLEAS CREDIT UNION : CUMBERLAND COUNTY, : PENNSYLVANIA PLAINTIFF Vs. : NO.: BRADLEY M. BRYAN : CIVIL ACTION -LAW DEFENDANT : MORTGAGE FORECLOSURE NOTICIA Le han demandado a usted en la cone. Si usted guiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notification. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objections a las demandas en contra suya. Se ha avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notification y por cualquier queja o alivio que es pedido en la peticion de demands USTED PUEDE PERDER DINERO O OTROS DERECHOS RAPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED NO TIENE O CONOCES UN ABOGADO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SU PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717)249-3166 OR (800)990-9108 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. SECTION 1692 et seq.(1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THE THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUESTS US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. Karl M. Ledebohm, Esq. P.O. Box 173 New Cumberland, PA 17070 MEMBERS 1 ST FEDERAL IN THE COURT OF COMMON PLEAS CREDIT UNION CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF Vs. NO.. ©p - G 5 9 z lam( BRADLEY M. BRYAN DEFENDANT : CIVIL ACTION-LAW MORTGAGE FORECLOSURE COMPLAINT AND NOW, comes Members 1" Federal Credit Union, the Plaintiff in the above captioned matter, by and through its attorney Karl M. Ledebohm, Esquire, and makes the following complaint: 1. Plaintiff, Members I" Federal Credit Union ("Members I s`"), is a National Federal Credit Union having a principal address of 5000 Louise Drive, Mechanicsburg, PA 17055. 2. Bradley M. Bryan ("Defendant"), is an adult individual having a last known address of 62 South High Street, Newville, PA 17241. 3. On or about June 4, 2007, Defendant borrowed from and agreed to repay to Members 1"FIVE THOUSAND TWO HUNDRED FOUR AND 70/100 ($5,204.70) dollars (the "Loan"). The Loan is evidenced by a Closed-End Note, Disclosure, Loan and Security Agreement dated June 4, 2007 (the 1 "Note") executed and delivered to Members 1St by Defendant. A copy of the Note is attached hereto as Exhibit "A" and made part hereof. 4. As security for the Loan, Defendant executed and delivered to Members 1 St a mortgage ("Mortgage") also dated June 4, 2007, on all that certain real estate and improvements erected thereon situate in the Borough of Newville, Cumberland County, Pennsylvania, known and numbered as 62 South High Street, Newville, PA 17241 (the "Property"). At all times relevant hereto, Defendant has been and continues to be the record and sole owner of the Property. A description of the Property is attached hereto as Exhibit "B" and made part hereof. 5. On or about June 28, 2007, the Mortgage was recorded in the Cumberland County Recorder of Deeds Office at Mortgage Book 1997, Page 2798. A true and correct copy of the Mortgage is attached hereto as Exhibit "C" and made part hereof. 6. The Note and the Mortgage have never been assigned by Members 1 St and remain held by it as a valid and subsisting obligation of Defendant. 7. Pursuant to the terms and conditions of the Note, Defendant agreed to pay to Members 1St bi-weekly installments of principal and interest in the amount of at least $62.09 each, which amount was subsequently adjusted to $62.01 each, beginning on July 13, 2007 and continuing every two (2) weeks thereafter. 8. Defendant is in default of Defendant's obligations under the Note as a result of Defendant's failure to make the payments due to Plaintiff as set forth in the 2 Note and as more particularly set forth and described in the Act 91 Notice attached hereto as Exhibit "D" and made part hereof. 9. Members 1" gave written notice of its intent to foreclose Pursuant to the Act of January 30, 1974, P.L. 13, No. 6, 41 P.S. section 101, et. sue., and in particular section 403 thereof, and of Defendant's rights in accordance with the Homeowners' Emergency Mortgage Assistance Act, Act of December 23, 1983, P.L. 385, No 91, 35 P.S. Section 1680.401(c), et. seM c by letter dated September 5, 2008, addressed to Defendant via certified mail, return receipt requested. A copy of the said notice is attached hereto as Exhibit "D" and made part hereof. 10. A copy of the electronic tracking confirmation evidencing the mailing of said Notices is attached hereto as Exhibit "E" and made part hereof. 11. Simultaneously, Members 1*" forwarded to Defendant the same Notices as set forth in paragraph 9 above addressed to Defendant by United States mail, first class, postage prepaid, bearing the return address of Members l o. The Notices forwarded to Defendant in said manner have not been returned to the offices of Members I 't as undeliverable or otherwise. 12. As of November 7, 2008, Defendant is indebted to Members I' in the amount of FIVE THOUSAND FOUR HUNDRED TWO and 561100 ($5,402.56) dollars itemized as follows: a. Outstanding principal $4,314.89 b. Interest to November 7, 2008 169.77 c. Late fees 27.90 d. Attorney fees 890.00 f. Total due to Members 1st as of 11/7/2008 $5,402.56 The above attorney's fees are estimated and are in accordance with Defendant's agreements as set forth in the underlying Mortgage and Note. Defendant will be responsible for actual reasonable legal fees incurred by Members I" in this matter. 14. Defendant also agreed under the terms and conditions of the Mortgage that in the event of default there under Defendant would pay, in addition to the amounts set forth in paragraph 13 above, costs incurred by Members 1" as a result of the institution of these legal proceedings. 15. The obligation owed to Members 1' continues to accrue interest at the rate of $1.2696 per day, through the date of payment and continues to accrue late charges and attorney's fees. 16. As set forth above, Members 0 has made demand upon Defendant to cure the default under the Mortgage and the Note. However, as of the date hereof, Defendant continues to fail and refuse to cure the default. WHEREFORE, Plaintiff, Members 1 s'Federal Credit Union, demands judgment against Bradley M. Bryan in the amount of FIVE THOUSAND FOUR HUNDRED TWO and 56/100 ($5,402.56) DOLLARS plus interest at the rate of $1.2696 per day, through the date of judgment entered on this complaint and at the legal rate thereafter until the date of payment, additional legal fees and costs of suit and for foreclosure and sale of the mortgaged property. 4 Respectfully submitted, Date: rr ESP. 1 M. ZleEsq. Supreme Court ID # : 59012 P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 Attorney for Plaintiff 5000 Louise Drive, P.O. Box 4D Mechanicsburg, PA 17055 fv 1S` MEMBERS I" CLOSED-END NOTE DISCLOSURE, NO SFCtIRITfY AC.RFFNFNT SZD9LER7 NAMBRYE N1DANAOORIRis BRADLEY M 82 S HIGH ST _By.V.u1LL9 .I?A -L77-411 AC lq NUMBER 10.749E CO•BORROtNEIrt NAME %tINCI?AL AYOIMT Sh 70 LOAN NUMBER 207359 I:OIIORROwFWG NAME DA E WT DATE 7 X FIXED VARMeLE ANNUAL PERCENTAGE FINANCE CHARGE: Amount Financed: The amount of Total of Payments: The amount RATE: The coat of your credit as a The doltair amount the credit will credit provided to you or on your you will have paid after you have yearly rate. • cost you, behalf. made all payments as scheduled. 10.74 % • $ 1,251.56 • $ 5,204.71 • $ 6.456.29 r Variable Raw: If your ban has a variable rata as indicated above the Annual Percentage Rate may increase doing the Iwm of We Yareaetion if Ulu (Index) changes The . weds unbn will add a maryin of to the Index value. The rals will charge mordMy on On first day of the month. The rate vdl never be hiphw than the maxkxan rate albvred by law, and N wit never G lea tlan . Any Wwaat rate htwesses will IOWA in more payanera of to same amount. For Example, N your loan was for 83.000 at 13% far 48 months and the Annual Percentage Rate ihareased by 2% after one yaw, the Man of your loan would Increase by two months IX1 Autamtlk Payment DMeounbd iOM: 6eraua you hevs agreed b make yes nWbed noMdy payments tvough an auMmalk: Gduclon ham P?ehared Rw: II tiaded, tro Nlbvdng spp8se circus ban: ar CMCkb lBaN W p npa I, yaw ANNUAL PERCENTAGE RATE has Gan dewunNd bbyy 20%. The ANN PERCENTAGE RATE OtsolOSed aGva k 1te ANNUAL PERCENTAGE RATE box is This rete wig kwuaase b 20% t tro l W the Aubmetie PaymerN Oitceunted Rets . y . cease au om e p11yment lrlwgerMni or Ill to maintain sufficient haute in your account to ourlo? covsr Ina wbma8e payments. In such a we, I'M efiaol of tlr kaaaw wW G b exhnd IM term of F le t k P y r. v examp , Was ArAOrrW ayrrMm psmuntW Rate is 10% one ts.OD0.001oan for a0 months and ycu was the aubmalk prymeM arrertpamsat, your real wt. kraeaw b 10.20K. meuRkq in 1 additional payment. Variabb Rant PnNrtW Lonna Nyar 10en i.11 veriahN rats ban erg you gceWy kr • preNaed cab. your prefemd dleceonl Is taken at M tune you tsk9 out your tent. This I-- pahrttd ANNUAL PERCENTAGE RATE will Ihse wry stxxlrdirhp b OMnpes b tr hndex (a dieclaed I. For example I a vafiaDle Ms barrs intent ANNUAL . PERCENTAGE RATE is 12% M the rile you tske IG loan, yaw kdtat preferred ANNUAL PERCEMAGE MTE sea be WA%. Your INWI preferred ANNUAL PERCENTAGE RATE 3HI then wry awxldhtp b dhe Index, a tliscbse0 k t1e 1r11riaMe RaN' provabn above. Flied Rao 'n-mad Loans h yaw ban I. a fixed hale ban wad you g1teWY for a prelarrW rele, yaw ANNl1AL PERCEMAGE RATE We be the preferred ANNUAL PERCENTAGE RATE disd9sW above for u a ur rrsd slabs remains b elleet. Number of Payments Amount of Payments Payment Frequency When Payments Are Due Property Insurance: You may obtain property Y.w a to e you c d u io e iy O n in ts l $62.09 Bi-Wbek Win: 1os ly Beginning 07!1312107 re it ni m ithe the ort ( y O u the nsi warN e ho al s credit Union you will pay .:s b.: 1 $61.02 Final Due - On 06/2412011 $ WA Security: Collateral securing other 1011118 with ale credit union the goods or prpeM Other will also aarre this ken. You are atviha a security interest I. a being purchased. ? (Descrivey your shares mdbr deposit in the credit union, ant: X Late Charge: If & payment is lateby 10 drys or maa you will Required Depose eaNnse: The Annual Perarda6rr Rdoes Fling Fees: Non-F81ng Insunnee: be charged a late fall of 5% of your scheduled payment. not take Into account your required deposit Glerlce, ,.:r. s WA $%A perany. y: M • .y VA M w rw. Kw 4hhaerl ••1' realwym•K W Utyn n n 1'rnwm=e:. if eve aril ter am MepeyrwM nluna ant p•wMt. ITEMIZATION OF ANIVUN 1 FINANCED $ 5,204.70 Amount Paid 100thers on your behalf (Describe) AMOUNT GIVEN TO YOU DIRECTLY $ 5.000.00 $000 To Acwwser Up $204.70 TO Mi..wr L9. $ To AMOUNT PAID ON YOUR ACCOUNTS S TO $ TO $ TO $ 0.09 To Fa. PREPAID FINANCE CHARGE $ 0.00 SOm To Asia Sar11w. $000 To Aa.d s.Lean. OTHER (Describe): 02 S HIGH ST and/or Deposits of I s $ You DOM that the terms and Conditions In the disclosure statement and the bah and wooly agreements located on papa 2 of pot document shag apply to axt loan, ll Nee is more Nan ohe beeves, va agree that at the condtione of the ban and sawdy egreaments gowmtng this ban was apply to both lokty and several y. You ockrww a go that YOU haw received a copy of the ban and acwhy agreements and disclosure etwment. Co-signer. 0 you sad sprino as 00-51gnw, you adrno.Medge recsipI of lea notka to m-sue contained on pop 2. sc R'S 31Ca?AT DATE CO-MAKER -OTHER OWNER "CO-SIGNER DATE X / (SEAL X (SEAL) Q CO-MAKPII- Q'OTHER OWNER Q "COSIGNER DATE ? CO-MAKER O'OTHER OWNER ? "COSIGNER DATE X (SEAL) X (SEAL) ? CO.MAKER Q'OTHER OWNER ? "COSIGNER DATE ? CO-MAKER Q "OTHER OWNER [] "CO-SIGNER DATE X (SEAL) X (SEAL) •DrNG OwNDk Ael..wr eMlw./..awrMrn War M..t.M•r We4 w w.rew r.hrdarrw.rN. Ma rr.u.r ei•te,..r?.h......a.w, Y rent sYpr.d wryer ern W a.e.wlri mr meal rvr r'••e•M•r?r r ur.rrrr..rMw4 r ere.nwyAS,....,1 -Co-waaib w.. rMrs,a. r.a rr. rn ar rr.wrwrww a.w..wrrar.r.wr.e. wr r w here. r.. •rreihr urn.rwdawrhlMlra.Mr.waar.rr.MerW Mir. 1. tAp ic" r Me k- dwa.g. ony(we yw b. unaar.q 79 se M sah.durd lwaxay car al year b.n7 ? ? ? 3. tAppkaftreewbWo..•rep. pW7 wq puaadr•a.7g•nm•Wwdbd m.bry dro.lwwbw AND•nyW pmady Harm" ? ? ? auwbo yaw haw fa wp•s a per ter 711 hew. a rron pre va.• Mal N.. b.•n w waUre to 20 days ormere before ne ONW7 r ddiden, It year Iwn..ewd. a 77.1100.09 d. f.N-Ang 14qup ran mun•be b..n.w?•wnmd In erd.r b d.rmdw .eybMy. ? ? ? ? c -l"AArouiW lymwnE W9 .119 ?'rwr Del or NOS RU.q OGrrpNi(ARC)7awh er mrwxy.n.y aw.a?.Mw. MY (ow0.nsw.n w M •OO.P gw.ww do tar to M teen r my ?eur) Ymr.dp. eve WN.I. N my'CawOk'ad a 1 Mh.w.r Tb' b gw.9on t a 7, w. wwrq.nd tM1 tli wnM b M.IaM. ter inunnw wd vi rot b.-ed. Nary w•apPOm ern.-w .'WWOOM .vnund.nrwanrw.n.gp. brine9dw. up baamerlnelon.dnp71A0. TM---- d na 91 Mr' Ian ewwalKe MI be the deal r xr -POM lwn. Any p•nen 14. k.-Macy ar with Inver to dMnwd any Insurance car*.. wearer p.rwn tsa..e aWuWen far Iwunw. rrm.nh r wxn eerrmnp sty m.rrbny alW.lnroraraen or c•nwb iw a. puryrypar el nv.r.rng, Mdemreen ooAam9q any 711 Wm.rdeMmo dommlb7lnrm iwhn. •.1, whkA 1.. edits ad .ubfeal. wen genet le edmltwland shepetr ll ar.. nr.pn dtf..ppav.ow N •ry pp R.br.pc.. en (Intuit. appte.br bl.nk .pew. hew non btr.n eanpalad. 0m d•bl•r ha not.ioMd end An0ed 1N &ppk Ian ere N th. appw.Uen ho M bentwirwrd. .ppNd.tlon tale na W used r eental N .Nw CREDIT INSURANCE APPLIED FOR: NOTE: ONLY ONE APPLICANT MAY APPLY FOR DISA53LITY COVERAGE. ? Yes X? No Single Credit Life Total Premium Q Yes ? No Credit Disability Total Premium ? Yes _ Q No Joint Credit Life Indicate which spplkara(s). ? APPlcarN ? Co-ft"cent i $0.00 Monte which •ppik+m(a) : ? X Applicant Co- ? roplnm , s 204.70 vw.r. wva.d er•y Wr r. alp.. N.r«ro• rwv4vmt • an• r ktaerd en eve •pp&etlan. A T NATURE DAT OF IRTH DA PPLI ANTS SIGN ATURE DATE OF BIRTH DATE R X WITN DATE ' SEC Y BENEFICIARY(APPLICANT) SECONDARY eENEFICIARY(Cp-APPLICANTI MIr- 1311"A r - / f - ."C-074200 37 LASER-WORD F. 47789 R.v. flat -- tpatr., lm: N rehY rr.md Exhibit "N" 190R10KER'S NAME LOAN NUMBER ACCOUNT NUMIER DATE Of LOAN BRRAADLEY M BRYAN 207355 17017403 0&04/2007 INAMEDS S BORRE,MRT?t THE WORDS -CREDIT UNION' MEANS MEMBERS 1ST FEDERAL CREDIT UNION. THE WORDS YOU.' YOUR' AND YOURS' MEAN THOSE LOAN AGREEMENT MLd ai iribrp?n the ao=ue m ,YX al"e a IS ow, you VAN Pay Allocation of Payments and Additional Payments: Payments and crsdlis shall be applied in the folowkw order, any amounts past due; any fees or charges owing, including any Insurance prerNuna: accrued interest of finance charges outstanding principal. Payments made in addition to regularly scheduled payments shall be applied In the same order. Preferred Rate: If you quality for a preferred rate as disclosed Onpap s 1? Of this doormen or In a separate preferred rate addendum, you tridefatsrd that YYou must meet the conditions disclosed to you in order to qua for the prefBrltd rate and must continue to meat those conditions in order to keep your preferred rate. If you fail to meet those conditions, your rate will Increase, dnereYy extending the terns of your loan You pprroommle to continue making payments and to meet all od'gqations under this Ayrcemerd even 0 you no longer receive the preferred raU. Late Charges: If ou make a late payment, you agree to pay a late charge If one Is discki on page 1 of this document. oto Insurance: If you obtain a ban seared by a motor vehicle or tangible property. you must obtain insurance which protects the credit union from Msnclat Toss. The amount and coverage of the property Insurance must be to the credit union. Such a policy must vide at least Are, th?ttined additional covers .gas and collision Insurance. It must cortteIn s Lose Payable douse endorsement naming the pro Credit union as lien at. You may obtain this Insurance from an spent of your h- and direct the agent to send the credit union a copy of the Debtor Responsibility: You promise to notify credit union of any change in your name address oofi employment. You promise not to apply for a ban if you know there is a reasonable probabl that you will be unable to repay your obligation according to the tarns of the credit extension. You promise to inform credit union of any new information which rotates to your ability to repay your obligation. You promise not to submit false or inscarate information or vvftlty corneal kdormaaon regarding your creditworthiness. credit standing. or credit rapacity. Statutory Lion: If you are in default. federal low gives the credit union the right to al the balance of shares and/or dividends in your accour t Iha time of hull M aaOaN the ben. Once you are in d%taull, the cr union may exercise Uds right without further notice to you. Delay In Enforcement: Credit Union may delay enforcing any of the crack union rights under this agreement without losing them. Irregular Payments; The credit union may accept IoM paymanta or partial ccraetut Non r ants under ..p?merrt In IuN, without being any of the agreement Co-makers: If you are alpnkp this agreement as a co-maker, you agree to be eguaresplonslble wdIt the borrower, but the credit urdg_n may sue either or both of you. The credit union does not have fo rollt(y you that this payment and ekeaseaany security without tnotiryi gyorrrreebeainng otu frronnt responsibillly on this agreement. SECURITY AGREEMENT t. To asara l a1 b ban and all ?Iplndkures Incurred b N dtlotu YAIes In n aClt WI del! In fi at in est, ll?tpoi onoaps"CCiarI Inse on YiWUrsnl Of ills ddddlel?udnt?iiomn,aNe dry rest Inelwsa as dead b:-U.d . nor th secured ro tM Slnuna carry ood Ine; mb ny eswrad properly. Party and sit Parom"rMKpyi, oYMr I Hit Mnllntlofo..s Wlm U1i b/edkas I wNf aieuh aB mgnto my Borrower owes , It union now KIn N! loran. rbe?iwr recur Y-ths,dWtwNtnM.mtb bsndslbhpropery7P BarwIn•esup?rr1hopa iMrllresasiWerroa (unless the =r nscsuon notices ¦n moeny hedowihold acid 1 nquinminb an saesaed), or an non-puncha ?q? a. 2. M fredYiWatitpapda afialadettoNn o? Of Inntfer the Coleetam sunig g you he" 3. You wormad 0 o tl owner of the ruaw?lNr Iprwprw?tsl W? pL in ? t y anon oQOSSu place. will it shad of attached 60 the ,. You the imilar. YYou. Ili k did " ??e?n(uW v?M tend tM pmrWM apakel adores parry cros S. YIIMI maMWn Iftimance Info CW?tsr?MYtlsesa pear an ursWn a am cre surq es al6tww?xeaOnThyq?n?2use Wl per n proof with pplroapuaea t are Co in fast to lMMap1 surhmtnnw.st w?tlCfuD.n?Y?.omuq but on aid b lira usrS1 u 1M?nonuimto Mply? did Mgroamdg t ot aua}rNrsWpcpInywraaa IV. Mr =iQreda"idl?u= n irry ad ar drag poMd?ed n L- DroclY sulM?ioonl earl( nor. ind apply emlopply tlbca DrocilAS b the sums owed b Yin arllwr • tlts otsrit 1o pr?w1 l ygrr nos g?arlvks Comer Lin a,?.un?.ewlesedprey Non rnryot ausW fay Yunr fs w-lhl.rbsnal a you?Irl?=:AualryeWl b p easy fapN proud on owl Mta Crethl union. 6. houb in- unlPNZ aa' 0.7,: &th= 4?sewNy ewerrftd haela?r.dYa+ unio sgrea plYon n to aWN Uc s a y n l protect _daya r adast posewnry oie. n lien is necessary to IrWetl pie credal urlbrh against possible 7. Contractual Pledge of Shares: You pledge oil your shares and deposits In Na credit union, including future additions, as security for thin loan In ease you default, the credit union may apply these shares and deposits to the payment of all sums due at the time of dstsult Including costs of collection and reasomabb attomey's fees, that the credit union may incur, up to 20% of the unpaid principal and Inbrest No Ilan or rlphl to Impress • lien on shave and deposits shall apply to any of your shares which may be held in an "Individual Retirement Account" or'Kesgh Plan.- 61002099 You are being asked to 0uarentea this debt Think carefully before you do. If tiu borrower doesn't pay the debt you will have to. Be sure you can afford to pay if you have to, and that you want to accept this responsibility. You meY have to pay tip to the fug amount of the debt N the borrower does not pay. You may also have to pay Iola fees or collection costs, which increase the amount. The creditor can collect this debt from you without first trying to collect from the borrower. The creditor con tree the same collection methods against you that can be used agatmt the borrower, such as suing you, garniishiroR your wages, etc:. If [his debt is ever in default that fact may become a pan of your credit record. This notice is not the contract that makes you liable for t e debt. F. 43769 1/02 APPRO Syste- Inc, 7741076 Page 2 of 2 Ina union unmi N flare Wqad es Aft rev ifMF ore aUCONillral aMOM wh my% ON CdAwfach npitpsrpmrawsamsyamuvpaiaMlawy b prua?stlstlrbe spr-Or If sta IN more niM iidMU"V eWitN Iaiponjibk b NqM - iema i The sawdty agreemanl not aniy binds you, but your execubts, edmhetrabrs. heirs, and essigns. ALL T N tract at land'situato an South High Street in the Borough of Nevville, Cumberland County, Pennsylvania, bounded and descr an follows, to wits CAN the East by South Sigh Street; on thft ftart by lot now Or formerly of Nal vile rally= on the North by other property of John L, Rickabaugh Ot ux; an the Mouth by lot now oar. foreerly of William Gilbert. CWTUNING thirty-six (36) fiat, acre or los:s• in width and eighty-two (83) feet•# more or lase, in depth. And being ]mown as No. S3 Wmth high Street. 8k1NC the sane prominas w2riich Robert A. Sulomart, Sharon L. Rockwood ? Xatharina S. Burgraff and Btanley L. Spdncer, a partnership, by iti deed dated December 30, 2987, and retardeq in the offices of Recorder of Deeds in and for cumborland County in Deed book b, Volume 33, Page 844, granted and conveyed to Robert A. Suloloan, Sharon L. Rockwood, and Stanley L. Spencer, co-partners, RUM WITH A RYA'-*P-WAY MU USUMM unto the Grantee, his heirs and assigns, in cannon nevertheless with John L. Rickabaugh, his hiirs and assigns, on and under a five.-foot wide strip of land axossing land of -1ohn it. Nickabaugb, laea4in9 from the within to be conveyeC premises to the sewer lateral of the Nawville Public Sewer 8ystour, located in Liberty Alley, wherein th* building sower for. the within premisen hds previously been installed for newer purposes, together with the rights of ingress, egress and rogre" over and along amid five-toot strip of ground as in necessary for the installation, repair, Mlacemaht and/or maintenance of said building aewor line. Grantee shall Am eonmwtion Stith hts exercise of any rights under this right-of-Way and 0it5x8*nt, r*store the- surlsoe of said strip of land to as nearly as practicable, its Contour and condition as existed prior to the eYo%ofsing of any of Paid rights. All costa Of utilisation of the Kithira right-of-'Way shall be borne by the party utilising gams. Being the same premises which Robert A. Suloman, Sharoi L. Rockwood, and Stanley L. Spencer, co-partners, by their deed dated August 24, 1989 and recorded in the Cumberland County Recorder of Deeds office at Deed Book D-34, Page 124, granted and conveyed untoBradley M. Bryan. Exhibit "B" C:?? C-?3& Prepared By: Members I st FCU 5000 Louise Drive Mechanicsburg, PA 17055 F When recorded mail to: FIRST AMERICAN TITLE INSURANCE LENDERS ADVANTAGE 1100 SUPERIOR AVENUE, SUITE 200 CLEVELAND, OHIO 44114 ATTN. FT1120 MORTGAGE Made 06/04/2007 Between BRADLEY M BRYAN DER?' P. 71EGLER C'DRDER OF JEEi?1 r >???4n Cour4Tr-; , ?U07 JUN 28 Aft 9 39 (hereinafter called "Mortgagor") And MEMBERS 1ST FEDERAL CREDIT UNION (hereinafter called "Mortgagee") Whereas, Mortgagor has executed and delivered to Mortgagee a certain Mortgage Note (hereinafter called the "Note") of even date herewith, payable to the order of Mortgagee in the principal sum of $ 5,204.70 , lawful money of the United States of America, and has provided therein for payment of any additional moneys loaned or advanced thereunder by Mortgagee, together with interest thereon at the rate provided in the Note, in the manner and at the times therein set forth, and containing certain other terms and conditions, all of which are specifically incorporated herein by reference; Now, Therefore, Mortgagor, in consideration of said debt or principal sum and as security for the payment of the same and interest as aforesaid, together with all other sums payable hereunder or under the terms of the Note, does grant and convey unto Mortgagee, All that certain property of the Mortgagor located in NEWVILLE BOROUGH , Cumberland County, Pennsylvania SEE EXHIBIT "A" QAae < < 1 4 20 1 1 S`"l - V q S-A - C C7o CX) C)o - 2% which currently has the address of 62 S HIGH ST [Street] Newville Pennsylvania [City] Acct No _ I-Ionul ApplD 20735503 Exhibit "C" 17241 [Zip Code] Page 1 of 4 1997PG2798 Together with the buildings and improvements erected thereon, the appurtenances thereunto belonging and the reversions, remainders, rents, issues and profits thereof. To Have and To Hold the same unto Mortgagee, its successors and assigns, forever. Provided, However, That if Mortgagor shall pay to Mortgagee the aforesaid debt or principal sum, including additional loans or advances and all other sums payable by Mortgagor to Mortgagee hereunder and under the terms of the Note, together with interest thereon, and shall keep and perform each of the other covenants, conditions and agreements hereinafter set forth, then this Mortgage and the estate hereby granted and conveyed shall become void. This Mortgage is executed and delivered subject to the following covenants, conditions and agreements: (1) The Note secured hereby shall evidence and this Mortgage shall cover and be security for any future loans or advances that may be made by Mortgagee to Mortgagor at any time or times hereafter and intended by Mortgagor and Mortgagee to be so evidenced and secured, and such loans and advances shall be added to the principal debt. (2) From time to time until said debt and interest are fully paid, Mortgagor shall: (a) pay and discharge, when and as the same shall become due and payable, all taxes, assessments, sewer and water rents, and all other charges and claims assessed or levied from time to time by any lawful authority upon any part of the mortgaged premises and which shall or might have priority in lien or payment to the debt secured hereby, (b) pay all ground rents reserved from the mortgaged premises and pay and discharge all mechanics' liens which may be filed against said premises and which shall or might have priority in lien or payment to the debt secured hereby, (c) pay and discharge any documentary stamp or other tax, including interest and penalties thereon, if any, now or hereafter becoming payable on the Note evidencing the debt secured hereby, (d) provide, renew and keep alive by paying the necessary premiums and charges thereon such policies of hazard and liability insurance as Mortgagee may from time to time require upon the buildings and improvements now or hereafter erected upon the mortgaged premises, with loss payable clauses in favor of Mortgagor and Mortgagee as their respective interests may appear, and (e) promptly submit to Mortgagee evidence of the due and punctual payment of all the foregoing charges; provided, however, that Mortgagee may at its option require that sums sufficient to discharge the foregoing charges be paid in installments to Mortgagee. (3) Mortgagor shall maintain all buildings and improvements subject to this Mortgage in good and substantial repair, as determined by Mortgagee. Mortgagee shall have the right to enter upon the mortgaged premises at any reasonable hour for the purpose of inspecting the order, condition and repair of the buildings and improvements erected thereon. Acct No App[D 20735503 Page 2 of 4 B? l 997PG2799 (4) In the event Mortgagor neglects or refuses to pay the charges mentioned at (2) above, or fails to maintain the buildings and improvements as aforesaid, Mortgagee may do so, add the cost thereof to the principal debt secured hereby, and collect the same as a part of said principal debt. (5) Mortgagor covenants and agrees not to create, nor permit to accrue, upon all or any part of the mortgaged premises, any debt, lien or charge which would be prior to, or on a parity with, the lien of this Mortgage. (6) In case default be made for the space of thirty (30) days in the payment of any installment of principal or interest pursuant to the terms of the Note, or in the performance by Mortgagor of any of the other obligations of the Note or this Mortgage, the entire unpaid balance of said principal sum, additional loans or advances and all other sums paid by Mortgagee pursuant to the terms of the Note or this Mortgage, together with unpaid interest thereon, shall at the option of Mortgagee and without notice become immediately due and payable, and foreclosure proceedings may be brought forthwith on this Mortgage and prosecuted to judgment, execution and sale for the collection of the same, together with costs of suit and an attorney's commission for collection of five percent (5%) of the total indebtedness or $200, whichever is the larger amount. Mortgagor hereby forever waives and releases all errors in said proceedings, waives stay of execution, the right of inquisition and extension of time of payment, agrees to condemnation of any party levied upon by virtue of any such execution, and waives all exemptions from levy and sale of any property that now is or hereafter may be exempted by law. (7) Upon payment of all sums secured by this Mortgage, this Mortgage and the estate conveyed shall terminate and become void. After such occurrence, Mortgagee shall discharge and satisfy this Mortgage. Mortgagor shall pay any recordation costs. Mortgagee may charge Mortgagor a fee for releasing this Mortgage, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. The covenants, conditions and agreements contained in this Mortgage shall bind, and the benefits shall inure to, the respective parties hereto and their respective heirs, executors, administrators, successors and assigns, and if this Mortgage is executed by more than one party, the undertakings and liability of each shall be joint and several. Acct No A lD 20735503 PP Page 3 of 4 i 99?FG2,00 Witness the due execution hereof the day and year first above written. BRADL RYAN Commonwealth of Pennsylvania ) ss: County of ?i6 ) On this, the / day of 12007 , before me, -( , the and igne officer, personally appeared BRADLEY M BRYAN satisfactorily proven to me to be the person(s) whose name(s) is/are subscribed to the within Mortgage, and acknowledged that he/she executed the same for the purposes therein contained. In Witness Whereof, I hereunto set my hand and official seal. My commission expires: Notarial Seal Melissa Grasisy, Notary Public Hampden Twp., G1u ftdand County My Commission EVkes Aug. 14 2W Member, Pennsylvania Association of Notai Certificate of Residence of Mortgagee Members 1ST Federal Credit Union, Mortgagee within named, here res that it residence is 5000 Louise Drive, Mechanicsburg, PA 17055. By Acct No ApplD 20735503 Page 4 of 4 OR 1997PG2801 EXHIBIT "A" LEGAL DESCRIPTION A PARCEL OF LAND SITUATED IN THE STATE OF PENNSYLVANIA, COUNTY OF CUMBERLAND, WITH A STREET LOCATION ADDRESS OF 62 S HIGH ST; NEWVILLE, PA 17241-1415 CURRENTLY OWNED BY BRADLEY M BRYAN HAVING A TAX IDENTIFICATION NUMBER OF 20-1754-045A-0000000-28 AND BEING THE SAME PROPERTY MORE FULLY DESCRIBED IN BOOK/PAGE OR DOCUMENT NUMBER 34D-124 AND FURTHER DESCRIBED AS LAND LESS THAN 1 ACRE. 20-1754-045A-0000000-28 62 S HIGH ST; NEWVILLE, PA 17241-1415 11111111 I III II III II III BRYAN 207355 12368798 PA 33467095/f FIRST AMERICAN LENDERS ADVANTAGE MORTGAGE y T- o' c cu 1997PG2802 Date: September 5, 2008 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE* This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397.(Persons with impaired hearing can call (717) 780-1869). Exhibit "D" This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECPA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL COAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): BRADLEY M BRYAN PROPERTY ADDRESS: 62 S HIGH ST NEWVILLE, PA 17241 LOAN ACCT. NO.: 170174 - 03 ORIGINAL LENDER: Members let Federal Credit Union CURRENT LENDER/SERVICER: Members 16t Federal Credit Union HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT'), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agency listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT --The MORTGAGE debt held by the above lender on your property located at: 62 S HIGH ST, NEWVILLE, PA 17241 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MORTGAGE PAYMENTS for the following bi-weekly installments and the following amounts are now past due: $18.59 for 06-13-08, $62.01 for 06-27-08, $62.01 for 07-11-08, $62.01 for 07-25-08, $62.01 for 08-08-08, $62.01 for 08-22-08 and $62.01 for 09-05-08. Other charges (explain/itemize): TOTAL AMOUNT PAST DUE: $390.65 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): HOW TO CURE THE DEFAULT -You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $390.65, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: Members 18t Federal Credit Union, 5000 Louise Drive, Mechanicsburg PA 17055, Attention: Dave Thomas You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not use if not applicable.) IF YOU DO NOT CURE THE DEFAULT-If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in Bi-Weekly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property, 62 S HIGH ST, NEWVILLE, PA 17241 IF THE MORTGAGE IS FORECLOSED UPON -- The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -- If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE -- It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately Three(3) months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Members 18t Federal Credit Union Address: 5000 Louise Drive, Mechanicsburg, PA 17055 Phone Number: (717) 795-5133 or (800) 283-2328 Ext. 5133 Fax Number: (717) 795-5207 Contact Person: Dave Thomas EFFECT OF SHERIFF'S SALE -= You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY Certified Mail # 9171082133393582999194 HEMAP Consumer Credit Counseling Agencies CUMBERLAND County Report last updated: 10/15/2007 10:03:08 AM Adams County Interfaith Housing Authority 40 E High Street Gettysburg, PA 17325 717.334.1518 CCCS of Western PA 2000 Lingiestown Road Harrisburg, PA 17102 888.511.2227 Community Action Commission of Captial Region 1514 Derry Street Harrisburg, PA 17104 717.232.9757 Loveship,Inc. 2320 North 5th Street Harrisburg, PA 17110 717.232.2207 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 717.762.3285 PHFA 211 North Front Street Harrisburg, PA 17110 717.780.3940 800.342.2397 Servicemembers Civil U.S. Department of Housing MB Approval No. 2502-0565 Relief Act and Urban Development (exp 4/30/2007) Notice Disclosure Office of Housing Legal Rights and Protections Under the SCRA Servicemembers on "active duty" or "active service," or a dependent of such a servicemember may be entitled to certain legal protections and debt relief pursuant to the Servicemembers Civil Relief Act (50 USC App. §§ 501-596) (SCRA). Who May Be Entitled to Legal Protections Under the SCRA? • Active duty members of the Army, Navy, Air Force, Marine Corps, Coast Guard, and active service National Guard; Active service members of the commissioned corps of the National Oceanic and Atmospheric Administration; • Active service members of the commissioned corps of the Public Health Service; United States citizens serving with the armed forces of a nation with which the United States is allied in the prosecution of a war or military action; and • Their spouses. What Legal Protections Are Servicemembers Entitled To Under the SCRA? The SCRA states that a debt incurred by a servicemember, or servicemember and spouse jointly, prior to entering military service shall not bear interest at a rate above 6 percent during the period of military service. The SCRA states that in a legal action to enforce a debt against real estate that is filed during, or within 90 days after the servicemember's military service, a court may stop the proceedings for a period of time, or adjust the debt. In addition, the sale, foreclosure, or seizure of real estate shall not be valid if it occurs during, or within 90 days after the servicemember's military service unless the creditor has obtained a court order approving the sale, foreclosure, or seizure of the real estate. The SCRA contains many other protections besides those applicable to home loans. How Does A Servicemember or Dependent Request Relief Under the SCRA? • In order to request relief under the SCRA, a servicemember or spouse, or both, must provide a written request to the lender, together with a copy of servicemember's military orders. The Lender providing this Notice is Members I" Federal Credit Union, ATTN: Arlanda Dintaman, 5000 Louise Drive, Mechanicsburg, Pennsylvania, 17055. The phone number is toll free (800) 283-2328. How Does a Servicemember or Dependent Obtain Information About the SCRA? The U. S. Department of Defense's information resource is "Military OneSource". Website: http://www.militaryonesource.com The toll free telephone number for Military OneSource are: o From the United States: 1-800-342-9647 o From outside the United States (with applicable access code): 800-3429-6477 o International Collect (through long distance operator): 1-484-530-5908 • Servicemembers and dependents with questions about the SCRA should contact their unit's Judge Advocate, or their installation's Legal Assistance Officer. A military legal assistance office locator for all branches of the Armed Forces is available at http://legalassistance.law.af.mil/content/locator-Rhp form HUD-92070 (2/2007) LISPS - Track & Confirm Search Results Label/Receipt Number: 9171 0821 3339 3582 9991 94 Detailed Results: • Delivered, September 30, 2008, 7:53 am, MECHANICSBURG, PA 17055 • Unclaimed, September 20,2008,11:37 pm, NEVWILLE, PA • Electronic Shipping Info Received, September 06, 2008 • Notice Left, September 06, 2008,12:45 pm, NEVVV'ILLE, PA 17241 • Acceptance, September 05, 2008, 6:23 pm, MECHANICSBURG, PA 17055 ...-.....w - - -- ?.. < Back, " Renrta or USPca an Honro > • ..........................» .......................,........,..,..,..,...............................?...................,..... f Page 1 of 1 Track & Confirm Enter Label/Receipt Number. E Ge>'? No WW.9lion Optiam Return Receipt (Electronic) Verify who signed for your item by email. 4 Site Map Contact Us Forms Gov't Services Jobs Privacy Policy Perms of Use National & Premier Accounts CopyrightO 1999-2007 LISPS. All Rights Reserved. No FEAR Act EEO Data FOIA Exhibit "E" http://trkcnfrml.smi.usps.com/PTSIni 10/31/2008 VERMCATION 1, Arlanda Dintaman, Collateral Liquidation Specialist f?r Members is Federal Credit Union, being authorized to do so on behalf of Members 1 Federal Credit Unite. hereby verify that the statements matte in the foregoing p are true and correct to the best of my infornnation knowledge and belief. I understand false sta =wts are made subject to the penalties of 19 Pa. C.S.A. Section 4904, ref g to unworn falsification to authorities. Members 1 " Federal Credit Union By. Arland Collateral Liquio Specialist r, 6 %Ui ? WO q- 0 0 °a V D L•> ? li ? l1 f? t - _ -= rn CO < SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-06592 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MEMBERS 1ST FEDERAL CREDIT UNI VS BRYAN BRADLEY M R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT BRYAN BRADLEY M but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOT FOUND , as to the within named DEFENDANT , BRYAN BRADLEY M 62 SOUTH HIGH STREET NEWVILLE, PA 17241 MAIL IN MAILBOX FROM 3 MONTHS AGO. LEAVES PILED UP AT DOOR. APPEARS AS THOUGH NO ONE IS LIVING THERE. Sheriff's Costs: Docketing 18.00 Service 12.00 Not Found 5.00 Surcharge 10.00 n 00 I d/u s /a 8 `?M-- 45.00 So a R. Thomas Kline iff of Cumberland County KARL LEDEBOHM 11/20/2008 Sworn and Subscribed to before me this day of A. D. David D. Buefr (Prothonotary Kirks Sohonage, ESQ Soficitor office of the 1tothonotary Cumberland County, (Pennsylvania Knee X Simpson 15C Deputy Prothonotary Irene E. 9V orrow o - 2nd Deputy Prothonotary ne -4c ' 70 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 25TH DAY OF OCTOBER, 2011, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE -THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R.C.P 230.2 BY THE COURT, DAVID D. BUELL PROTHONOTARY One Courtho. ise Square * Suite 100 • Carfis(e, PA 17013 9 (717)240-6195 9 TaX (717 240-6573