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HomeMy WebLinkAbout09-1158Karl A Ledebohm, Esquire P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 MEMBERS 1sT FEDERAL CREDIT UNION : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA PLAINTIFF Vs. LLOYD E. DETWILER a/k/a LLOYD E. DETWILER, JR. DEFENDANT NO.. aQ- 158 0,V"t-terim CIVIL ACTION - LAW MORTGAGE FORECLOSURE NOTICE TO DEFEND An CLAIM RUGHTS THIS LAW OFFICE IS A DEBT COLLECTOR AND WE ARE ATTEMPTING 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 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717)249-3166 OR (800)990-9108 NOTICIA Le han demandado a usted en la corte. 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 demands 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 objectiones 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 demanda. USTED PUEDE PERDER DINERO O OTROS DERECHOS IMPORTANTES 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 32 SOUTH BEDFORD STREET 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.: 0 9- l l 5 C' ccr?Q LLOYD E. DETWILER A/K/A LLOYD E. DETWILER, JR. DEFENDANT : CIVIL ACTION-LAW MORTGAGE FORECLOSURE COMPLAINT AND NOW, comes Members 0 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 1. Plaintiff, Members 1 sc Federal Credit Union ("Members 1St") is a National Federal Credit Union having a principal address of 5000 Louise Drive, Mechanicsburg, PA 17055. 2. Lloyd E. Detwiler a/k/a Lloyd E. Detwiler, Jr., ("Defendant"), is an adult individual having a last known address of 38 Mont Sera Road, Carlisle, PA 17015. 3. On or about July 22, 2006, Defendant borrowed from and agreed to repay to Members 1 St FORTY-FOUR THOUSAND SEVEN HUNDRED SIXTY- FOUR AND 59/100 ($44,764.59) dollars (the "Loan"). The Loan is evidenced by a Closed-End Note, Disclosure, Loan and Security Agreement dated July 22, 2006 (the "Note") executed and delivered to Members 1 st 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 July 22, 2006, on all that certain real estate and improvements erected thereon situate in Dickinson Township, Cumberland County, Pennsylvania, known and numbered as 38 Mont Sera Road, Carlisle, PA 17015 (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 August 8, 2006, the Mortgage was recorded in the Cumberland County Recorder of Deeds Office at Mortgage Book 1961, Page 2978. A true 2 72-12-2009 THU 06:29 PM MEMBERS 1ST FCU FAX NO. 7177955207 P, 03 Llst WMD ... ..¦t ?s° ie,dr 6606 LmpW prha, PP4?>? 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A/Ml Awr t,Oi , AM,y,l,4-d I Exhibit "A" ALL that certain tact of land situate in Dickinson Township, Cumberland County, Pennsylvania, bounded and described in accordance with a survey made by Louis J, Herford & Assoc.-iates, dated May 21, 1999, Project #9446, as follows: BEGINNING at a nail set on the western side of the public road leading from Mooredale to Moore's Mill, Pennsylvania Highway Route 21009, known as Mont Sera Road, which said point is a corner of land now or formerly of Micah Cook; thence along the western side of Mont Sera ]toad, South 03 degrees 57 minutes 06 seconds West, a distance of 75.25 feet to a nail (found); thence along lands now or formerly of Gabriel Shughart, North 87 degrees 57 minutes 48 seconds West a distance of 133.50 feet to a post (found); thence along lands now or formerly of Daniel Peiper, North 01 degrees 11 minutes 30 seconds West, a distance of 71.12 feu to an iron pin set; thence along lands now or formerly of Micah Cook, South 89 degrees 41 minutes 66 seconds Bast, a distance of 140.00 feet to a nail on the western side of Mont Sera Road, the point and place of BEGINNING Being the same premises which Marlene L. Whitten, single woman, by her deed dated June 10, 2005, and recorded in the Cumberland County Recorder of Deeds Office at Deed Book 269, Page 1973, granted and conveyed onto Lloyd E. Detwiler, Jr. Exhibit "B" 75 Prepared By: Members 1st FCU 5000 Louise Drive Mechanicsburg, PA 17055 When recorded mail to: FIRST AMERICAN TITLE INSURANCE LENDERS ADVANTAGE 1228 EUCLID AVENUE, SUITE 400 CLEVELAND, OHIO 44115 ATTN: FT1120 arCC I o-s l I baguoay MORTGAGE Made 07/22/2006 Between LLOYD E DETWILER ..Jk'5E1-1 f 0i,0$ U 8 8Fi 10 18 (hereinafter called "Mortgagor") And MEMBERS 1 ST 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 $ 44,764.59 , 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 DICKINSON TOWNSHIP , Cumberland County, Pennsylvania DEED DATED 6/10/2005 BOOK: 269 PAGE: 1973 SEE EXHIBIT A which currently has the address of 38 MONT SERA RD [Street] Carlisle Pennsylvania 17015 [City] [Zip Code] Acct No 189395-02 ApplD 163 562 Page 1 of 4 BK 196 1 F G 2 9 7 8 Exhibit "C" 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 189395-02 AppID 163562 Page 2 of 4 8K 196 1 PG '979 (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 189395-02 App1D 163562 Page 3 of 4 BK 1961 PG2980 Witness the due execution hereof the day and year first above written. LLOYD DETWILER Commonwealth of Pennsylvania ) ss: County of Cumberland ) O this, the 2 nd day of July 92006 , before me, the undersigned officer, personally appeared to d E Detwiler 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. i My commission expires: COMMONWEALTH OF PENNSYLVANIA Notarial Seal Jody L. Travis, Notary Public Upper Allen Twp., Cumberland County My Commission Expires Sept. 28, 2008 Member, Pennsylvania Association of Notaries Certificate of Residence of Mortgagee Members 1ST Federal Credit Union, Mortgagee within is 5000 Louise Drive, Mechanicsburg, PA 17055. V. By Acct No 189395-02 AppiD 163562 hereby certifies that its residence Page 4 of 4 BK1961PG ?981 EXHIBIT A All that certain property situated in the Township of Dickinson, in the County of Cumberland, Commonwealth of Pennsylvania , and being described as follows: 08110294024. Being more fully described in a deed dated June 10, 2005 and recorded June 16, 2005, among the land records of the County and State set forth above, in Deed Volume 269 and Page 1973. Permanent Parcel Number: 08110294024 LLOYD E. DETWILER, JR. 38 MONTSERA ROAD, CARLISLE PA 17013 Loan Reference Number 163562 First American Order No: 9990031 Identifier: FIRST AMERICAN LENDERS ADVANTAGE IIINIgIM11 Jill I III DETWILER 9990 11 FIRST AMERICAN LENDERS ADVANTAGE MORTGAGE III 1111111111111111111111111111111111111111111 Jill 1111111111111 L,11i?.? ?' • t 1 ' f 1-,?;corder of Deeds BK 1 96 1 PG '0; 82 Date: August 18, 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 attomey 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 AFECTA 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 ARRHIA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): LLOYD E DETWILER PROPERTY ADDRESS: 38 MONT SERA RD CARLISLE, PA 17015 LOAN ACCT. NO.: 189395 - 02 ORIGINAL LENDER: Members 1St Federal Credit Union CURRENT LENDERISERVICER: Members 1St 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: 38 MONT SERA RD, CARLISLE, PA 17015 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MORTGAGE PAYMENTS for the following installments and the following amounts are now past due: $696.39 for June 16, 2008, $712.12 for July 16, 2008, and $712.12 for August 16, 2008. Other charges (explain/itemize): TOTAL AMOUNT PAST DUE: $2,120.60 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 $2,120.60, 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 1st Federal Credit Union, 5000 Louise Drive, Mechanicsburg, PA 17055, Attention: Lynn Unger 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 Monthly 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, 38 MONT SERA RD, CARLISLE, PA 17015 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)795-5188 or (800) 283-2328 Ext. 5188 Fax Number: (717) 795-5207 Contact Person: Lvnn UnLyer 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 # 70080150000275416013 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 151 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 p htq2:Hleizalassistance.law.af.mil/content/locator.ph form HUD-92070 (2/2007) 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 Linglestown 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 USPS - Track & Confirm Page 1 of 1 0 UNITED STATES POSTAL SERVICE, Home I HeV I Sign In Track_& Confirm FAQs Track & Confirm Search Results Label/Receipt Number: 7008 0150 0002 7541 6013 Status: Delivered Your item was delivered at 7:49 am on September 16, 2008 in MECHANICSBURG, PA 17055. A proof of delivery record may be available through your local Post Office for a fee. Additional information for this item is stored in files offline Restore o fl/ne? Dwails > Rota" to USPIC" Name > Track & Confirm Enter Label/Receipt Number. Go av 5lte Map Contact Us norms Uov'1$erv_ices ,io¢s Privacy Policy Terms of Use National $_Premier Accounts Copyright01999-2007 USPS. All Rights Reserved. No FEAR Act EEO Data FOIA ' Exhibit "E" http://trkcnfrm 1. smi.usps.com/PTSIntemetWeb/InterLabelInquiry.do?origTrackNum=700... 2/20/2009 A S ? N I 'O Q Q ? O N } Z t ? ? )R ID ? ? ? ? r w U ? m o W E 6 1 N E ? L? ?¢ U O Z Z 13110 d _my f7/1 V Cl) N = )L? ? ¢ a x ao o vi m m U U L >. 4 Y VJ ? C ? Y aN0-2 C') c .>_ ? .c a a W m Ca G) U Ni'pp-0C S+t. (9 y -s N 7 a N '6 N.t w N t c U U C N C U) N 3 - 0, t .' E E cr o Una u°iQ o ? r-, O ?O C) .r F+? r,y ? Qua O Q aMU mli -0 rl, -I Ln h-',. ru OI O 0 Ln ra C3 co C3 0 N Z N e Z m U G rd N 0 a O ¢ U_ E is 7 J 7 ) ) mMH O 0 O, O ? O a C14 d n J O Cn Yl t•„i Ln O O -- - W ? nwr 00 a L- o CD ? m o a p > m D o ti @ °p ? H z U1 Q L-' ? n M ` _ w - z m c? - MCC rzm 0 _ 0 moz r JA - to = OHO m cm P - = ?F 3 IIMW r O ovm :0 Z X 1 dlZ woad 03-11M A. } o - IN l Z O - A 0 S% G : r. - A p staa?ay? 1?o- ? A O ?. , 14 ?,- VERMCATION J. Arlanda Dintaman, Collatcial Liquidation Specialist for Members 1" Federal Credit Union, being authorized to do soon behalf of Members 1' Federal Credit Union, hereby verify that the statements made in the foregoing pleading are hue and correct to the best of my information knowledge and belief. I understand that filet statements are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorMes. Members la Federal Credit Union By: l .Arlanda Dktaman, Collateral Liquidation Specialist 6 -F 00 D a 7 SHERIFF'S RETURN - REGULAR CASE NO: 2009-01158 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MEMBERS 1ST FEDERAL CREDIT UN VS DETWILER LLOYD E ET AL WILLIAM CLINE Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon DETWILER LLOYD E the DEFENDANT , at 0020:13 HOURS, on the 10th day of March , 2009 at 38 MONTSERA ROAD CARLISLE, PA 17015 LLOYD DETWILER by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Mileage Postage Surcharge Sworn and Subscibed to before me this So Answers: 18.00 12.60 fy .42 10.00 R. Thomas Kline .00 41.02 03/20/2009 KARL LEDEBOHM By: day Deputy Sheriff of A. D. Tfti T4 Karl M. Ledebohm, Esquire P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-929 MEMBERS 1 J ` FEDERAL CREDIT UNION PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Vs. LLOYD E. DETWILER a/k/a LLOYD E. DETWILER, JR. DEFENDANT : NO.: 09-1158 Civil Term : CIVIL ACTION-LAW : MORTGAGE FORECLOSURE NOTICE OF JUDGMENT PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, I AM REQUIRED TO INFORM YOU THAT THIS LETTER AND ANY SUBSEQUENT CORRESPONDENCE OR COMMUNICATION IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE TO: Lloyd E. Detwiler a/k/a Lloyd E. Detwiler, Jr. 38 Mont Sera Road Carlisle, PA 17015 You are hereby notified that on A ari i 07.0 , 2009 the following judgment has been entered against you in the above captioned case: Judgment in the amount of FORTY-NINE THOUSAND THREE HUNDRED FIFTY-NINE AND 90/100 ($49,359.90) plus interest at the legal rate on and after entry of judgment until the date of payment, additional attorney's fees and costs of suit and for foreclosure and sale of the mortgaged property. Judgment is entered pursuant to Pa. R.C.P. 3031 for failure to file an Answer on behalf of Defendant, Lloyd E. Detwiler a/k/a Lloyd E. Detwiler, Jr., to Plaintiff's Complaint within twenty (20) days of service thereof and after a 10-day Notice was sent. _16L Dated: is: ew?W4 thono I hereby certify that the proper person to receive this notice under Pa. R.C.P. 236 Lloyd E. Detwiler a/k/a Lloyd E. Detwiler, Jr. 38 Mont Sera Road Carlisle, PA 17015 A: Lloyd E. Detwiler a/k/a Lloyd E. Detwiler, Jr. Por este medio se le esta notificando que el de 2009 el/la siguiente (Orden), (Decreto), (Fallo), ha sido anotado en contra suya en el caso mencionado en el epigrafe. Fecha: Protonotario Lloyd E. Detwiler a/k/a Lloyd E. Detwiler, Jr. 38 Mont Sera Road Carlisle, PA 17015 submitted, M. Court ID #59012 P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 Attorney for Plaintiff Certifico que la siguiente direccion as la del defendido/a segun indicada en el certificado de residencia: Date: April 17, 2009 Karl M. Ledebohm, Esquire P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-929 MEMBERS 1 J' FEDERAL CREDIT UNION PLAINTIFF Vs. LLOYD E. DETWILER a/k/a LLOYD E. DETWILER, JR. DEFENDANT TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO.: 09-1158 Civil Term : CIVIL ACTION-LAW : MORTGAGE FORECLOSURE PRAECIPE Please enter judgment in the above captioned proceeding in favor of Members 1st Federal Credit Union, Plaintiff, and against the Defendant, Lloyd E. Detwiler a/k/a Lloyd E. Detwiler, Jr., in the amount of FORTY-NINE THOUSAND THREE HUNDRED FIFTY-NINE AND 90/100 ($49,359.90) plus interest at the legal rate on and after entry of judgment until the date of payment, additional attorney's fees and costs of suit and for foreclosure and sale of the mortgaged property. Judgment is entered pursuant to Pa. R.C.P. 3031 for failure to file an Answer on behalf of Defendant, Lloyd E. Detwiler a/k/a Lloyd E. Detwiler, Jr., to Plaintiffs Complaint within twenty (20) days of service thereof and after a 10-day Notice was sent. M Date: April 17, 2009 ?karl M. Ledebohm, Esquire Supreme Court ID #59012 P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 Attorney for Plaintiff I hereby certify that notice of intent to take default judgment was forwarded to Lloyd E. Detwiler a/k/a Lloyd E. Detwiler, Jr. by United States Mail, first class, postage prepaid on April 1, 2009. The aforesaid notice was contained within an envelope bearing the return address of the undersigned. The notice has not been reed to the undersigned as undeliverable or otherwise. A copy of the notice and Postal Form 3817 are attached hereto and marked Exhibit "A". MEMBERS 1sT FEDERAL CREDIT UNION PLAINTIFF Vs. LLOYD E. DETWILER aWa LLOYD E. DETWILER, JR. DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 09-1158 Civil Term CIVIL ACTION-LAW MORTGAGEFORECLOSURE IMPORTANT NOTICE TO: Lloyd E. Detwiler a/k/a Lloyd E. Detwiler, Jr. 38 Mont Sera Road Carlisle, PA 17015 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, I AM REQUIRED TO INFORM YOU THAT THIS LETTER AND ANY SUBSEQUENT CORRESPONDENCE OR COMMUNICATION IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or(800)990-9108 Date: March 31, 2009 Respectfully submitted, r I Karl M. Ledebohm, Esq. Supreme Court 1D #59012 P.O. Box 173 New Cumberland, PA 17070-0173 (717) 938-6929 Attorney for Plaintiff U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT ! PR Ak11 - 0 3 OVIDE FOR INSURANCE-POSTMASTER 11 Receivetl Fr / o • -O N T77 A 5 Karl M. Ledebohm, Esq. P.O. Box 173 New Cumberland, PA 17070-01735 Z m One Diets or or mary me" aom u o z, S G? I..S L r w o? r n ! m Mod n z D m I ? SC " PS Form 3817, January 2001 I Exhibit "A" 2509 APR 20 F H l: 39 $14.00 Po ,,& 3as1 04 aaavli Karl M. Ledebohm, Esquire P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-929 PRAECIPE FOR WRIT OF EXECUTION - (MONEY JUDGMENTS) P.R.C.P. SECTION 101 TO SECTION 149 ETC. MEMBERS 1 ST FEDERAL : IN THE COURT OF COMMON PLEAS CREDIT UNION : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : 09-1158 Civil Term VS. :Amount Due: $49,359.90 : Interest from: 4/20/09 at the legal rate LLOYD E. DETWILER a/k/a LLOYD E. DETWILER, JR. Defendant Attorney's fees: To be added : COSTS TO BE ADDED TO THE PROTHONOTARY: ISSUE WRIT OF EXECUTION IN THE ABOVE MATTER (1) Directed to the Sheriff of Cumberland County, Pennsylvania; (2) against Lloyd E. Detwiler a/k/a Lloyd E. Detwiler, Jr., 38 Mont Sera Road, Carlisle, PA 17015, Defendant; (3) and against N/A Garnishee (s); (4) and index this writ against, Lloyd E. Detwiler aWa Lloyd E. Detwiler, Jr., 38 Mont Sera Road, Carlisle, PA 17015, Defendant; (a) against N/A Garnishee (s), and levy upon and seize the following real property of Defendant and index this writ against the following real property of Defendant as a lis pendens: All that certain tract of land and improvements thereon erected situate in Dickinson Township, Cumberland County, Pennsylvania, known and numbered as 38 w ., Mont Sera Road, Carlisle, PA 17015 and as more particularly set forth and described on Exhibit "A" attached hereto and made part hereof by reference. (b) Exemption has (not) been waived. Dated: May 11, 2009 Ledebohm, Esquire Court ID #59012 P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 Attorney for Plaintiff 0 OF THE PK t )NOTARY 2009 MAY 15 P1i 12. 14 fC? 3 4° 5 4'4O C F 41.aa x•50 a•so I?p.oa -Pp arrt boe co o?4 w Karl M. Ledebohin, Esquire P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 MEMBERS 1 FEDERAL : IN THE COURT OF COMMON PLEAS CREDIT UNION : CUMBERLAND COUNTY, PLAINTIFF : PENNSYLVANIA Vs. : NO.: 09-1158 Civil Term LLOYD E. DETWILER CIVIL ACTION-LAW a/k/a LLOYD E. DETWILER, JR. DEFENDANT MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 Members I" Federal Credit Union, plaintiff in the above action, set forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located in Dickinson Township, Cumberland County, Pennsylvania, known and numbered as 38 Mont Sera Road, Carlisle, PA 17015. 1. Name and address of owner(s) or reputed owner(s): Lloyd E. Detwiler a/k/a Lloyd E. Detwiler, Jr. 38 Mont Sera Road Carlisle, PA 17015 2. Name and address of defendant(s) in the judgment: Lloyd E. Detwiler a/k/a Lloyd E. Detwiler, Jr. 38 Mont Sera Road Carlisle, PA 17015 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Members 0 Federal Credit Union 5000 Louise Drive Mechanicsburg, PA 17055 4. Name and address of the last recorded holder of every mortgage of record: Members 1" Federal Credit Union 5000 Louise Drive Mechanicsburg, PA 17055 Equity One, Inc. 3878 Union Deposit Road Harrisburg, PA 17109 American General Financial Services, Inc. 3809 Paxton Street, Suite 3 Harrisburg, PA 17111-1445 5. Name and address of every other person who has any record lien on the property: 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, PA 17013 Domestic Relations Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. Date: May 11, 2009 Respectf)hly submitted, Karl M. Ledebohm, Esq. Supreme Court ID #: 59012 P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 Attorney for Plaintiff ,...,?? ?t ???'`-?r' t..r?. ?:. 2tit19 ?A°t t ? P? ??` ? °? ?^. _ ?? 1?? 7?`?i? 1J?????„ , ?, z;t4??`aj ? • Karl M. L,edebohm, Esquire P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 MEMBERS 1„ FEDERAL CREDIT UNION PLAINTIFF Vs. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA : NO.: 09-1158 Civil Term LLOYD E. DETWILER CIVIL ACTION-LAW a/k/a LLOYD E. DETWILER, JR. DEFENDANT MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE To: Lloyd E. Detwiler a/k/a Lloyd E. Detwiler, Jr. 38 Mont Sera Road Carlisle, PA 17015 THE UNDERSIGNEI) ATTORNEY IS A DEBT COLLECTOR. PURSUANT TO THE FAIR. DEBT COLLECTION PRACTICES ACT, I AM REQUIRED TO INFORM YOU THAT THIS DOCUMENT AND ANY SUBSEQUENT CORRESPONDENCE OR COMMUNICATION IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT k1f ;"IZi7.1 Your house (real estate) at 38 Mont Sera Road, Carlisle, PA 17015, as more particularly set forth and described on Exhibit "A" attached hereto and made part hereof, is scheduled to be sold at Sheriffs Sale on September 2, 2009 at 10:00 a.m. in the Office of the Sheriff, Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment in the principal amount of $49,359.90 plus interest at the legal rate, additional attorney's fees and costs of suit obtained by the above named Plaintiff against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The Sheriff Sale will be cancelled if you pay to the above named Plaintiff the amount necessary to bring current the mortgage obligation evidenced by the judgment plus costs and reasonable attorney's fees. To find out how much you must pay, you may call Karl M. Ledebohm, Esquire, at (717)938-6929. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below to find out how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling the Sheriff at the County Courthouse. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff at the County Courthouse, which number is listed below. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff on October 2, 2009 (within thirty (30) days after the Sheriff Sale). v This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed by the Sheriff. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717)249-3166 or (800)990-9108 The Sheriff's phone number is: (717)240-6390. )Carl M.1 Ledebohm, Esquire Supreme Court ID #59012 P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 Attorney for Plaintiff a ALL that certain tract of land situate in Dickinson Township, Cumberland County, Pennsylvania, bounded and described in accordance with a survey made by Louis J. Harford & Associates dated May 21, 1999, Project #9946, as follows: BEGINNING at a nail set on the western side of the public road leading from Mooredale to Moore's Mill, Pennsylvania Highway Route 21009, known as Mont Sera Road, which said point is a corner of land now or formerly of Micah Cook; thence along the western side of Mont Sera Road, South 03 degrees 57 minutes 06 seconds West, a distance of 72.25 feet to a nail (found); thence along lands now or formerly of Gabriel Shughart, North 87 degrees 57 minutes 48 seconds West a distance of 133.50 feet to a post (found); thence along lands now or formerly of Daniel Peiper, North 01 degrees 11 minutes 30 seconds West, a distance of 71.12 feet to an iron pin set; thence along lands now or formerly of Micah Cook, South 89 degrees 41 minutes 66 seconds East, a distance of 140.00 feet to a nail on the western side of Mont Sera Road, the point and place of BEGINNING. TOGETHER with improvements erected thereon known as 38 Mont Sera Road, Carlisle, PA 17015. BEING the same premises which Marlene L. Whitten, single woman, by her deed dated June 10, 2005 and recorded in the Cumberland County Recorder of Deeds Office at Deed Book 269, page 1973, granted and conveyed unto Lloyd E. Detwiler, Jr., mortgagor herein. Exhibit "A" WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-1158 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MEMBERS 11T FEDERAL CREDIT UNION, Plaintiff (s) From LLOYD E. DETWILER a/k/a LLOYD E. DETWILER, JR. (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $49,359.90 L.L. $30 Interest from 4/20/09 at the legal rate Atty's Comm to be added% Due Prothy $2.00 Atty Paid $160.02 Other Costs to be added Plaintiff Paid Date: 5/15/09 Curtis #.ong, roth otary (Seal) By: Deputy REQUESTING PARTY: Name: KARL M. LEDEBOHM, ESQURIE Address: PO BOX 173 NEW CUMBERLAND, PA 17070-0173 Attorney for: PLAINTIFF Telephone: 717-938-6929 Supreme Court ID No. 59012 Karl M. Ledebohm, Esquire P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 MEMBERS 1 J' FEDERAL CREDIT UNION PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Vs. LLOYD E. DETWILER a/k/a LLOYD E. DETWILER, JR. DEFENDANT NO.: 09-1158 Civil Term CIVIL ACTION-LAW MORTGAGE FORECLOSURE AFFIDAVIT OF SERVICE OF NOTICE TO LIEN HOLDERS PURSUANT TO Pa. ILC.P. 3129.2 (c) I, Karl M. Ledebohm, Esquire, being duly sworn according to law hereby swear and affirm that on the 5th day of June, 2009, I served the attached NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST pursuant to Pa. R.C.P. 3129.2 in the above captioned matter upon the following individuals by first class mail, postage prepaid, addressed as follows: Members 1 st Federal Credit Union 5000 Louise Drive Mechanicsburg, PA 17055 Domestic Relations Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, PA 17013 Equity One, Inc. 3878 Union Deposit Road Harrisburg, PA 17109 American General Financial Services, Inc. 3809 Paxton Street, Suite 3 Harrisburg, PA 17111-1445 Postal forms 3817 evidencing the mailing of said notices are attached hereto as Exhibit "A" and made part hereof. submitted, Kul M. Ledebohm, Esq. Supreme Court ID #: 59012 P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 Sworn before me, a notary public this 6 """? day of June, 2009. My commission expir COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL DEBRA L. SWIGERT, NOTARY PUBLIC L UTH MIDDLETON TWP., CUMBERLAND COUNTY MY COMMISSION, EXPIRES JUNE 266,22010 T Karl M. Ledebohm, Esquire P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 MEMBERS 1„ FEDERAL CREDIT UNION PLAINTIFF Vs. LLOYD E. DETWILER a/k/a LLOYD E. DETWILER, JR. DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 09-1158 Civil Term CIVIL ACTION-LAW MORTGAGE FORECLOSURE NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST PURSUANT TO Pa. R.C.P. 3129(b) To: Members 1St Federal Credit Union 5000 Louise Drive Mechanicsburg, PA 17055 Equity One, Inc. 3878 Union Deposit Road Harrisburg, PA 17109 American General Financial Services, Inc. 3809 Paxton Street, Suite 3 Harrisburg, PA 17111-1445 Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, PA 17013 Domestic Relations Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE South Hanover Street Carlisle, PA 17013 on September 2, 2009 at 10:00 a.m., the following described real estate and improvements erected thereon which Lloyd E. Detwiler a/k/a Lloyd E. Detwiler, Jr. is the owner and reputed owner and on which you may hold a lien or have an interest which could be affected by the sale of 38 Mont Sera Road Carlisle, PA 17015 (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A") The said Writ of Execution has been issued on a judgment in the action of : MEMBERS 1sT FEDERAL CREDIT UNION PLAINTIFF Vs. LLOYD E. DETWILER a/k/a LLOYD E. DETWILER, JR. DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO.: 09-1158 Civil Term : CIVIL ACTION-LAW MORTGAGE FORECLOSURE at Ex. No. 09-1158 in the original principal amount of $49,359.90, plus interest, legal fees and costs. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed in the Office of the Sheriff no later than thirty (30) days from the sale date. Exceptions to distributions or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. If you have any questions or comments with regard to the Sheriff's Sale or this Notice, you should contact your attorney as soon as possible. Date: June 5, 2009 ,Karl M. Ledebohm, Esq. Supreme Court ID #: 59012 P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 Attorney for Plaintiff •c f ALL that certain tract of land situate in Dickinson Township, Cumberland County, Pennsylvania, bounded and described in accordance with a survey made by Louis J. Harford & Associates dated May 21, 1999, Project #9946, as follows: BEGINNING at a nail set on the western side of the public road leading from Mooredale to Moore's Mill, Pennsylvania Highway Route 21009, known as Mont Sera Road, which said point is a corner of land now or formerly of Micah Cook; thence along the western side of Mont Sera Road, South 03 degrees 57 minutes 06 seconds West, a distance of 72.25 feet to a nail (found); thence along lands now or formerly of Gabriel Shughart, North 87 degrees 57 minutes 48 seconds West a distance of 133.50 feet to a post (found); thence along lands now or formerly of Daniel Peiper, North 01 degrees 11 minutes 30 seconds West, a distance of 71.12 feet to an iron pin set; thence along lands now or formerly of Micah Cook, South 89 degrees 41 minutes 66 seconds East, a distance of 140.00 feet to a nail on the western side of Mont Sera Road, the point and place of BEGINNING. TOGETHER with improvements erected thereon known as 38 Mont Sera Road, Carlisle, PA 17015. BEING the same premises which Marlene L. Whitten, single woman, by her deed dated June 10, 2005 and recorded in the Cumberland County Recorder of.Deeds Office at Deed Book 269, page 1973, granted and conveyed unto Lloyd E. Detwiler, Jr., mortgagor herein. Exhibit "A" UN/TEDSTdTES gym. certificate Of'Mailir% C, This Certir1Cete of Mailing Drovid@s evidence that mail nas been presentee to USPSM for mailing G ' T This forth rr_.._.-..-_.?_.?_- From: „ - Karl M. Ledebohm, Esq. - P.O. Box 173 m New Cumberland, PA 17070-0173 0 oAJ 92 C N pJp4'??OJW?• To CD. Z?Jm00 Equity One, Inc. N? w o -3878 Union Deposit Road M -Harrisburg, PA 17109 PS Form 3817, April 2007 PSN 7530-02-000-9065 _ POST4LSEf1IFlCEs fN Cert4bf€ ; This C@Ritidat@ prMai11rt9Dr9vitles evidence that MU h0ibeen D?r@a?nlgQ to h This !! O , !! Fro, r C:, I& I N Karl M. Ledebohm, Esq. P.O. Box 173 New Cumberland, PA 17070-0173 -" m To: o 4*11' ? c Z i Cumberland County Tax Claim o 00 n 9 oo? C WD Bureau o. •---? cnom,-.-v or'?N One Courthouse Square ILD N? m Carlisle, PA 17013 PS Form 3817, April 2007 PSN 7530-02-000-9065 Exhibit "A" P.O. Box 173 New Cumberland, PA 17070-0173 m CD CA;R 1?? To: - Members I' Federal Credit Union CD Members I' Federal Credit Union ?moo 5000 Louise Drive NL j o - Mechanicsburg, PA 17055 m W PS Form 3817, April 2007 PSN 7530-02-000-9065 UNLTWDSTATES _ R63 TdLSERVKE• Certificate Aai 8 i This for, T °' ,N O From n\ ?, } ?x p _, _ Karl M. Ledebohm, Esq. % P _ P.O. Box 173 PA 17070-0173 New Cumberland Z , - m To: - American General Financial ? s C- F 3Z 3- `) 00 _ Services Inc. ?• - V ooJW:r> N=rnoo , ?• - 3809 Paxton Street Suite 3 C LY1 Z M ?W , Harrisburg PA 17111-1445 F) , _ D PS Form 3817, April 2007 PSN 7530-02-000-9065 { ep . EPST47ES UNIT r - __ 1 'AM-LEER ? Certiffcat Of M 1 This Certificate orrnailingproydg;.eviaenpg-Ihet mail has been ure '`ucFSCR Ned n ?;. This four - - ` F 4 D .11 From: ` Karl M Ledebohm Esq. \'0 7 p 1` ° f UNITEDSTA ES POSTdI: SERVKE• = This CB1f'- Ih. [ mad has haah ThIS f0h From: JUN f k& k""'I20, P Karl M. Ledebohm, Esq- _ O. Box 173 P m _ . New Cumberland, PA 17070-0173 0 WZ To: Domestic Relations C2. a) CU1ofn.+'O - Cumberland County Courthouse NL71 ? o - One Courthouse Square m D _ Carlisle, PA 17013 PS Form 3817, April 2007 PSN 7530-02-000-9065 FILED-OFFICE OF THE F"CT) -'-lM, 0TAPY 2009 J0A 10 PIll 1* 22 GU?r" Y L Karl A Ledebohm, Esquire P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 MEMBERS 1 FEDERAL IN THE COURT OF COMMON PLEAS CREDIT UNION CUMBERLAND COUNTY, PLAINTIFF PENNSYLVANIA Vs. LLOYD E. DETWILER a/k/a LLOYD E. DETWILER, JR. DEFENDANT : NO.: 09-1158 Civil Term : CIVIL ACTION-LAW MORTGAGE FORECLOSURE AFFIDAVIT OF SERVICE OF NOTICE TO LIEN HOLDERS PURSUANT TO Pa. R.C.P. 3129.2 (c) I, Karl M. Ledebohm, Esquire, being duly sworn according to law hereby swear and affirm that on the 10th day of June, 2009,1 served the attached NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST pursuant to Pa. I.C.P. 3129.2 in the above captioned matter upon the following individuals by first class mail, postage prepaid, addressed as follows: Equity One P.O. Box 3503 Evansville, IN 47734-3503 Postal forms 3817 evidencing the mailing of said notice is attached hereto as Exhibit "A" and made part hereof. I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: June 10, 2009 Respectfully submitted, Karl M. Ledebohm, Esq. Supreme Court ID #: 59012 P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 Attorney for Plaintiff Karl A Ledebohm, Esquire P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 MEMBERS 1 J' FEDERAL CREDIT UNION PLAINTIFF Vs. LLOYD E. DETWILER a/k/a LLOYD E. DETWILER, JR. DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 09-1158 Civil Term CIVIL ACTION-LAW : MORTGAGE FORECLOSURE NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST PURSUANT TO Pa. R.C.P. 3129(b) To: Equity One, Inc. P.O. Box 3503 Evansville, IN 47734-3503 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE South Hanover Street Carlisle, PA 17013 on September 2, 2009 at 10:00 a.m., the following described real estate and improvements erected thereon which Lloyd E. Detwiler a/k/a Lloyd E. Detwiler, Jr. is the owner and reputed owner and on which you may hold a lien or have an interest which could be affected by the sale of: 38 Mont Sera Road Carlisle, PA 17015 (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The said Writ of Execution has been issued on a judgment in the action of : MEMBERS 1ST FEDERAL IN THE COURT OF COMMON PLEAS CREDIT UNION CUMBERLAND COUNTY, PLAINTIFF PENNSYLVANIA Vs. LLOYD E. DETWILER alWa LLOYD E. DETWILER, JR. DEFENDANT NO.: 09-1158 Civil Term CIVIL ACTION-LAW : MORTGAGE FORECLOSURE at Ex. No. 09-1158 in the original principal amount of $49,359.90, plus interest, legal fees and costs. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed in the Office of the Sheriff no later than thirty (30) days from the sale date. Exceptions to distributions or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. If you have any questions or comments with regard to the Sheriff's Sale or this Notice, you should contact your attorney as soon as possible. Date: June 10, 2009 Carl M. Ledebbhm, Esq. Supreme Court ID #: 59012 P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 Attorney for Plaintiff ALL that certain tract of land situate in Dickinson Township, Cumberland County, Pennsylvania, bounded and described in accordance with a survey made by Louis J. Harford & Associates dated May 21, 1999, Project #9946, as follows: BEGINNING at a nail set on the western side of the public road leading from Mooredale to Moore's Mill, Pennsylvania Highway Route 21009, known as Mont Sera Road, which said point is a corner of land now or formerly of Micah Cook; thence along the western side of Mont Sera Road, South 03 degrees 57 minutes 06 seconds West, a distance of 72.25 feet to a nail (found); thence along lands now or formerly of Gabriel Shughart, North 87 degrees 57 minutes 48 seconds West a distance of 133.50 feet to a post (found); thence along lands now or formerly of Daniel Peiper, North 01 degrees 11 minutes 30 seconds West, a distance of 71.12 feet to an iron pin set; thence along lands now or formerly of Micah Cook, South 89 degrees 41 minutes 66 seconds East, a distance of 140.00 feet to a nail on the western side of Mont Sera Road, the point and place of BEGINNING. TOGETHER with improvements erected thereon known as 38 Mont Sera Road, Carlisle, PA 17015. BEING the same premises which Marlene L. Whitten, single woman, by her deed dated June 10, 2005 and recorded in the Cumberland County Recorder of Deeds Office at Deed Book 269, page 1973, granted and conveyed unto Lloyd E. Detwiler, Jr., mortgagor herein. Exhibit "A" f . UN IEDSWES fi&FAL58WKE' Certificate Of Mailing This Certificate of MaAm This form m--`- --? 9 P%095 avl_denthe mail hys Oean prasenfetl to USPSm for matling _?.- p From: - ff p ??) by O _ Karl M. Ledebohm, Esq.; _ P.O. Box 173 - New Cumberland, PA 17070 04-? . To ?\ , f ... o Z E 3 _ ?acY A Dz a N r ?L? o\ ? ? V ?F?? a7roO?j r VL ?? 1 1?V 7 T '3q' o ° l m PS Form 3817, April 2007 PSfJ 7530-02-000-9065 v x Exhibit "A" RLED, -ry OF THE 2OG9. UN, 12 1" ii 3: 45 CUM." F1LE~-QFFlCE C~ T~F F~pTNOhi~TAR~' 21 [ 0 SEP 22 PM 3~ t 3 ~UMBF~~.AND COUN ~ "~' ~ENH5Y L~/A~~IA Karl M. I.edebohm, Esquire ~'P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 MEMBERS 1 FEDERAL IN THE COURT OF COMMON PLEAS CREDIT UNION CUMBERLAND COUNTY, PLAINTIFF PENNSYLVANIA Vs. LLOYD E. DETWILER a/k/a LLOYD E. DETWILER, JR. DEFENDANT NO.: 09-11 ~8 Civil Term CIVIL ACTICaN-LAW MORTGAGE FORECLOSURE AFFIDAVIT OF SERVICE OF NOTICE TO LIEN HOLDERS PURSUANT TO Pa. R.C.P. 3129.2 (c) I, Karl M. Ledebohm, Esquire, being duly sworn according to law hereby sweaz and affirm that on the 20th day of September, 2010, I served the attached NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST pursuant to Pa. R.C.P. 3129(c) in the above captioned matter upon the following individuals by first class mail, postage prepaid, addressed as follows: Members 1 ~` Federal Credit Union Attn.: Lynn Unger 5000 Louise Drive Mechanicsburg, PA 17055 Equity One, Inc. P.O. Box 3503 Evansville, IN 47734-3503 American General Financial Services, Inc. 301 Lippincott Drive Marlton, NJ 08053 Cumberland County Tax Claim Bureau One Courthouse Square Cazlisle, PA 17013 Domestic Relations Cumberland County Courthouse One Courthouse Square Cazlisle, PA 17013 Occupant 38 Mont Sera Road Carlisle, PA 17015 American General Finance P.O. Box 3251 Evansville, IN 47731 Postal forms 3817 evidencing the mailing of said notice is attached hereto as Exhibit "1" and made part hereof. I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Via. C.S. Section 4904 relating to unsworn falsification to authorities. Date: September 21, 2010 Respectfully submitted, ~CarY M.'Ledebolun, Esq. v - Supreme Court ID #: 59012 P.O. Box 173 New Cumberland, PA 17070-0173 (717)93$-6929 Attorney for Plaintiff Karl M. Ledebohm, Esquire P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 MEMBERS 1' ` FEDERAL CREDIT UNION • PLAINTIFF V s. LLOYD E. DETWILER a/k/a LLOYD E. DETWILER, JR. DEFENDANT To: Members 1St Federal Credit Union Attn.: Lynn Unger 5000 Louise Drive Mechanicsburg, PA 17055 Equity One, Inc. P.O. Box 3503 Evansville, IN 47734-3503 American General Financial Services, Inc. 301 Lippincott Drive Marlton, NJ 08053 Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, PA 17013 Domestic Relations Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 09-1158 Civil Term CIVIL ACTION-LAW MORTGAGE FORECLOSURE Occupant 38 Mont Sera Road Carlisle, PA 17015 American General Finance P.O. Box 3251 Evansville, IN 47731 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE South Hanover Street Carlisle, PA 17013 on December 8, 2010 at 10:00 a.m., the following described real estate and improvements erected thereon which Lloyd E. Detwiler a/k/a Lloyd E. Detwiler, Jr. is the owner and reputed owner and on which you may hold a lien or have an interest which could be affected by the sale of: 38 Mont Sera Road a/k/a 38 Montsera Road Cazlisle, PA 17015 (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The said Writ of Execution has been issued on a judgment in the action of MEMBERS 1sT FEDERAL CREDIT UNION PLAINTIFF Vs. LLOYD E. DETWILER a/k/a LLOYD E. DETWILER, JR. DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 09-1158 Civil Term CIVIL ACTION-LAW MORTGAGE FORECLOSURE at Ex. No. 09-1158 in the original principal amount of $49,359.90, plus interest, legal fees and costs. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed in the Office of the Sheriff no later than thirty (30) days from the sale date. Exceptions to distributions or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of IDistribution is filed in the Office of the Sheriff. If you have any questions or comments with regard to the Sheriffls Sale or this Notice, you should contact your attorney as soon as possible. Date: September 17, 2010 submitted, n~~~ I~[arl M. Ledebahm, Esq. Supreme Court, ID #: 59012 P.O. Box 173 New Cumberlajnd, PA 17070-0173 (717)938-6929' Attorney for Plaintiff ALL that certain tract of land situate in Dickinson Township, Cumberland County, Pennsylvania, bounded and described in accordance with a survey made by Louis J. Hanford & Associates dated May 21, 1999, Project #9946, as follows: BEGINNING at a nail set on the western side of the public road leading from Mooredale to Moore's Mill, Pennsylvania Highway Route 21009, known as Mont Sera Road, which said point is a corner of land now or formerly of Micah Cook; thence along the western side of Mont Sera Road, South 03 degrees 57 minutes 06 seconds West, a distance of 72.25 feet to a nail (found); thence along lands now or formerly of Gabriel Shughart, North 87 degrees 57 minutes 48 seconds West a distance of 133.50 feet to a post (found); thence along lands now or formerly of Daniel Peiper, North O1 degrees 11 minutes 30 seconds West, a distance of 71.12 feet to an iron pin set; thence along lands now or formerly of Micah Cook, South 89 degrees 41 minutes 66 seconds East, a distance of 140.00 feet to a nail on the western side of Mont Sera Road, the point and place of BEGINNING. TOGETHER with improvements erected thereon known as 38 Mont Sera Road, Carlisle, PA 17015 a/k/a 38 Montsera Road, Carlisle, PA 17015. BEING the same premises which Marlene L. Whitten, single woman, by her deed dated June 10, 2005 and recorded in the Cumberland County Recorder of Deeds Office at Deed Book 269, page 1973, granted and conveyed~unto Lloyd E. Detwiler, Jr., mortgagor herein. TAX PARCEL NO. 08-11-0294-024 Exhibit "A" U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND WTE RNATIONAL MAIL. DOES NOT ~,,• a.4 ~ ~: '`m 6. PROVIDE FOR INSURANCE-POSTMASTER f.' C: M r <.. ° ~° Received From. ~ 'J~! ~ ~,,. .° j ~1~ Karl M. Ledebohm, Esq. l,_ ~ ''y` N~ r--y°' t!f a¢ o ~:;y ::-- W ~° _ P.O. Box 173 _,~ ,:~5;`~ N ° New Cumberland, PA 17070-0173 `{ ~~ ;; 4 ~ ~ ~,~.~ Z n~ ~,Arp of nrdinarv mail addressed to American General Financial Services, Inc. ~ ~ o 301 Lippincott Drive Mazlton, NJ 08053 PS Form 3tf1 /, January ZW1 I u S POSTAL SERVICE CERTIFICATe cJr mH.IL.ffv~ MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL. DOES NOT ~„µ a PROVIDE FOR INSURANCE-POSTMASTER' ____--yam-.~ •;`l,. f,.f 'r. '~. ~." ~ o ~ Imo 6.i ~ f Received Frum. ~ ~' .Z r~N - Karl M. Ledebohm, Esq. ~~` a `'~ °~ P.O_ Box 173 ~;'~ ~~ ~g t~ . . New Cumberland, PA 17070-017_~,~~ f ~ ~(,,: - ¢,~ . ~, One piece of ordinary mail addressed lo. ```--.--~-- ~ r _ Cumberland County Tax Claim _ Bureau ~ N o One Courthouse Square e a ° • Carlisle, PA 17013 ' PS Form so'f r , uanuary zuuT U.S. POSTAL SERVICE CERTIFICATt ur mAlL.flvv a MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL. DOES NOT , __ PROVIDE FOR INSURANCE-POSTMASTER ~! ~ G1 M Received From \`~ fYn ,Z ^"'~N - Karl M. Ledebohm, Esq. -• ,- f.N~ ,,,,gym P.O. Box 173 -~ ``~=" ~ " ~ o New Cumberland, PA 17070-017~~ ~` ~ One oier~ of ord~narv maJ addressed ~° American General Finance P.O. Box 3251 Evansville, IN 47731 ~ ~~ a o o~ o ~a ~g PS Form 3817, Janual Ezhibit "1" EO-9Z$6L000 £0_ ~$ ~ ~ 0001 5I I~ ooor 5 3v ~na9_~ t~V -1SOd rJrnassivlsos 1NnOWtl 531~15031~N/1 1NnOWFi salvtsasllNn Ol OZ d3S 01.'OZ d3S bLOLI 0,,,,,.0..:..,x, . ~ ~ M3N `' 39tlLS8d ~~' n ~ ., n I ~ ~ ~~- ~ `' e~C~ ~~ ~;' ;~~ ~n . 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O N .. ~ U ~ o W Q s z W CS. ~ O ~ z a. w ~ ~ ~ .ti a U .-. w ~W ~ b o ~ U z~ O ~ ~ 3 ~- Q ~ N •b ~ n -d ~~ „ ~ ~ ~ w Nw -a x 2 w - A w w ~ ~,•] x0 ~ E ~ ~ ~ U ~ z ~+ ~ ~ "j C ~ ~ ~ V v ~ L~ U ~ '-' ~ ~ z v q ~ a ~ ~ o~ 3 ~ ~ ~,'~ ~ ~ oar ~ w ~ ~ •~ ~' ~wU v w ~ ~ o O ~w z I I ~~ O N ~LL d ~ C~J ~ ' a wo °~' O ~w m I I ~ M V E N m> s o LL N m~ ~ ~ i i i ti ~ ~a d >O ~ ~a a r ?1 J V ?Jt4 '_..~ r ? d v?tf?Vr 4A Karl M. Ledebohm, Esquire P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 PRAECIPE FOR WRIT OF EXECUTION - (MONEY JUDGMENTS) P.R.C.P. SECTION 101 TO SECTION 149 ETC. MEMBERS 1 ST FEDERAL CREDIT UNION Plaintiff VS. LLOYD E. DETWILER a/k/a LLOYD E. DETWILER, JR. Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA 09-1158 Civil Term :Amount Due: $49,359.90 Interest from: 4/20/09 at the legal rate Attorney's fees: To be added COSTS TO BE ADDED TO THE PROTHONOTARY: ISSUE WRIT OF EXECUTION IN THE ABOVE ca) MATTER, $a4.oo pewmq (1) Directed to the Sheriff of Cumberland County, Pennsylvania; 41-0& MF 7N. Q7 « (2) against Lloyd E. Detwiler a/k/a Lloyd E. Detwiler, Jr., 38 Mont Sera Road, Is • go " Carlisle, PA 17015, Defendant; N-00- 014.0011 (3) and against N/A Garnishee (s); g13,4q- pp q-Ry (4) and index this writ against, Lloyd E. Detwiler a/k/a Lloyd E. Detwiler, Jr., 38 Mont Sera Road, Carlisle, PA 17015, Defendant; (a) against N/A Garnishee (s), *a.oo Due & 0* 1 00q and levy upon and seize the following real property of Defendant and index this writ against the following real property of Defendant as a lis pendens: All that certain tract of land and improvements thereon erected situate in Dickinson Township, Cumberland County, Pennsylvania, known and numbered as 38 Mont Sera Road (a/k/a 38 Montsera Road), Carlisle, PA 17015 and as more particularly set forth and described on Exhibit "A" attached hereto and made part hereof by reference. (b) Exemption has (not) been waived. Dated: September 8, 2010 Carl M. Ledebohm, Esquire Supreme Court ID #59012 P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 Attorney for Plaintiff 0- ALL that certain tract of land situate in Dickinson Township, Cumberland County, Pennsylvania, bounded and described in accordance with a survey made by Louis J. Harford & Associates dated May 21, 1999, Project #9946, as follows: BEGINNING at a nail set on the western side of the public road leading from Mooredale to Moore's Mill, Pennsylvania Highway Route 21009, known as Mont Sera Road, which said point is a comer of land now or formerly of Micah Cook; thence along the western side of Mont Sera Road, South 03 degrees 57 minutes 06 seconds West, a distance of 72.25 feet to a nail (found); thence along lands now or formerly of Gabriel Shughart, North 87 degrees 57 minutes 48 seconds West a distance of 133.50 feet to a post (found); thence along lands now or formerly of Daniel Peiper, North 01 degrees 11 minutes 30 seconds West, a distance of 71.12 feet to an iron pin set; thence along lands now or formerly of Micah Cook, South 89 degrees 41 minutes 66 seconds East, a distance of 140.00 feet to a nail on the western side of Mont Sera Road, the point and place of BEGINNING. TOGETHER with improvements erected thereon known as 38 Mont Sera Road, Carlisle, PA 17015 a/k/a 38 Montsera Road, Carlisle, PA 17015. BEING the same premises which Marlene L. Whitten, single woman, by her deed dated June 10, 2005 and recorded in the Cumberland County Recorder of Deeds Office at Deed Book 269, page 1973, granted and conveyed unto Lloyd E. Detwiler, Jr., mortgagor herein. TAX PARCEL NO. 08-11-0294-024 Exhibit "A" f , e Karl M. Ledebohm, Esquire P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 MEMBERS I" FEDERAL CREDIT UNION PLAINTIFF Vs. LLOYD E. DETWILER a/k/a LLOYD E. DETWILER, JR. DEFENDANT To the Prothonotary: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 09-1158 Civil Term CIVIL ACTION-LAW : MORTGAGE FORECLOSURE PRAECIPE Please make the Order of the U.S. Bankruptcy Court for the Middle District of Pennsylvania dated 5/27/10, attached hereto as Exhibit "A", granting Members I" Federal Credit Union relief from the automatic stay in the bankruptcy proceeding part of the record. submitted, Date: September 8, 2010 ,karl M:,, Ledebohm, Esquire" Supreme Court ID #59012 P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 Attorney for Plaintiff It , ti IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: CHAPTER 13 LLOYD EDWARD DETWILER, JR. CASE NO: 1:09-bk-06013MDF Debtor MEMBERS 1sT FEDERAL . CREDIT UNION Movant 11 U.S.C. Section 362 V. Motion for Relief from Stay (#27) LLOYD EDWARD DETWILER, JR. Respondent ORDER UPON CONSIDERATION of Member's 1 st Federal Credit Union's ("Members 1 st") Motion for Relief from the Automatic Stay, it is hereby ORDERED that the Automatic Stay is lifted as to Members 1 st and the indebtedness of the Debtor to Members 1 st and all that certain real estate and improvements erected thereon situate in Dickinson TBwnship, Cumberland County, Penn., known and numbered as 38 Mont Sera Road, Carlisle, PA 17015 (the "Property"), and Members lst is free to proceed to exercise any and all rights and remedies available to Members 1st with respect to the Property and under the Note and the Mortgage securing Debtor's indebtedness to Members Ist, and otherwise at law or in equity, including, without limitation, foreclosure on the Mortgage and Sheriff's Sale of the Property and/or acceptance of a Deed-in-lieu of Foreclosure from the Debtor for the Property and any other action for enforcement of its right of possession of, or title to, the Property; and further ORDERED that F.R.B.P. 4001(a)(3) is not applicable and Members 1 St may immediately enforce and implement this Order GRANTING Relief from the Automatic Stay. 13%. the Court, Dated: May 27, 2010 Exhibit "A" Chief Bankruptcy Judge (MS) FILED-CPRCE OF '?(, f_i F' {}13" I'.`"ir; AJR r 110 fir;30 AM9:!2 CUMBEM-µi k- JUNTY PENNSYLVANIA Karl A Ledebohm, Esquire P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 MEMBERS 1 J' FEDERAL CREDIT UNION PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Vs. NO.: 09-1158 Civil Term LLOYD E. DETWILER CIVIL ACTION-LAW a/k/a LLOYD E. DETWILER, JR. DEFENDANT MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE To: Lloyd E. Detwiler a/k/a Lloyd E. Detwiler, Jr. 38 Mont Sera Road Carlisle, PA 17015 THE UNDERSIGNED ATTORNEY IS A DEBT COLLECTOR PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, I AM REQUIRED TO INFORM YOU THAT THIS DOCUMENT AND ANY SUBSEQUENT CORRESPONDENCE OR COMMUNICATION IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Your house (real estate) at 38 Mont Sera Road (a/k/a 38 Montsera Road), Carlisle, PA 17015, as more particularly set forth and described on Exhibit "A" attached hereto and made part hereof, is scheduled to be sold at Sheriff's Sale on December 8, 2010 at 10:00 a.m. in the Office of the Sheriff, Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the courtjudgment in the principal amount of $49,359.90 plus interest at the legal rate, additional attorney's fees and costs of suit obtained by the above named Plaintiff against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The Sheriff Sale will be cancelled if you pay to the above named Plaintiff the amount necessary to bring current the mortgage obligation evidenced by the judgment plus costs and reasonable attorney's fees or all amounts due to plaintiff under the mortgage obligation evidenced by the judgment plus costs and reasonable attorney's fees. To find out how much you must pay, you may call Karl M. Ledebohm, Esquire, at (717)938-6929. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below to find out how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling the Sheriff at the County Courthouse. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff at the County Courthouse, which number is listed below. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff on January 7, 2011 (within thirty (30) days after the Sheriff Sale). This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed by the Sheriff. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717)249-3166 or (800)990-9108 The Sheriffs phone number is: (717)240-6390. &"' , , , o Karl M. Ledebohm, Esquire Supreme Court ID #59012 P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 Attorney for Plaintiff ALL that certain tract of land situate in Dickinson Township, Cumberland County, Pennsylvania, bounded and described in accordance with a survey made by Louis J. Harford & Associates dated May 21, 1999, Project #9946, as follows: BEGINNING at a nail set on the western side of the public road leading from Mooredale to Moore's Mill, Pennsylvania Highway Route 21009, known as Mont Sera Road, which said point is a corner of land now or formerly of Micah Cook; thence along the western side of Mont Sera Road, South 03 degrees 57 minutes 06 seconds West, a distance of 72.25 feet to a nail (found); thence along lands now or formerly of Gabriel Shughart, North 87 degrees 57 minutes 48 seconds West a distance of 133.50 feet to a post (found); thence along lands now or formerly of Daniel Peiper, North 01 degrees 11 minutes 30 seconds West, a distance of 71.12 feet to an iron pin set; thence along lands now or formerly of Micah Cook, South 89 degrees 41 minutes 66 seconds East, a distance of 140.00 feet to a nail on the western side of Mont Sera Road, the point and place of BEGINNING. TOGETHER with improvements erected thereon known as 38 Mont Sera Road, Carlisle, PA 17015 a/k/a 38 Montsera Road, Carlisle, PA 17015. BEING the same premises which Marlene L. Whitten, single woman, by her deed dated June 10, 2005 and recorded in the Cumberland County Recorder of Deeds Office at Deed Book 269, page 1973, granted and conveyed unto Lloyd E. Detwiler, Jr., mortgagor herein. TAX PARCEL NO. 08-11-0294-024 Exhibit "A" I FILED-CM CE T T141-- P-1--f " 0 AM 9: 12 CUMBEJ-'_-,; y UJUNTY PENNSYLVANIA Karl M. Ledebohm, Esquire P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 MEMBERS 1" FEDERAL CREDIT UNION PLAINTIFF Vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO.: 09-1158 Civil Term LLOYD E. DETWILER CIVIL ACTION-LAW a/k/a LLOYD E. DETWILER, JR. DEFENDANT MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 Members 0 Federal Credit Union, plaintiff in the above action, set forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located in Dickinson Township, Cumberland County, Pennsylvania, known and numbered as 38 Mont Sera Road (a/k/a 38 Montsera Road), Carlisle, PA 17015. 1. Name and address of owner(s) or reputed owner(s): Lloyd E. Detwiler a/k/a Lloyd E. Detwiler, Jr. 38 Mont Sera Road Carlisle, PA 17015 2. Name and address of defendant(s) in the judgment: Lloyd E. Detwiler a/k/a Lloyd E. Detwiler, Jr. 38 Mont Sera Road Carlisle, PA 17015 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Members 1St Federal Credit Union 5000 Louise Drive Mechanicsburg, PA 17055 4. Name and address of the last recorded holder of every mortgage of record: Members 1St Federal Credit Union 5000 Louise Drive Mechanicsburg, PA 17055 Equity One, Inc. P.O. Box 3503 Evansville, IN 47734-3503 American General Financial Services, Inc. 301 Lippincott Drive Marlton, NJ 08053 American General Finance P.O. Box 3251 Evansville, IN 47731 5. Name and address of every other person who has any record lien on the property: 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, PA 17013 Domestic Relations Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Occupant 38 Mont Sera Road Carlisle, PA 17015 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: September 8, 2010 Respectfully submitted, Karl M. Ledebohm, Esq. _ Supreme Court ID #: 59012 P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 Attorney for Plaintiff WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-1158 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MEMBERS 1sT FEDERAL CREDIT UNION, Plaintiff (s) From LLOYD E. DETWILER a/k/a LLOYD E. DETWILER, JR (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $49,359.90 Interest from 4/20/09 at the legal rate Atty's Comm % Atty Paid $913.49 Plaintiff Paid Date: 9/10/10 (Seal) REQUESTING PARTY: Name: KARL M. LEDEBOHM, ESQUIRE Address: PO BOX 173 NEW CUMBERLAND, PA 17070-0173 Attorney for: PLAINTIFF Telephone: 717-938-6929 Supreme Court ID No. 59012 L.L.$.50 Due Prothy $2.00 Other Costs to be added Davi . Buell, Proth notary LA By: Deputy die ~D'O~F~rE ~~~~~~Ci 2i ~~`~~ 2~ ~~ Karl M. Ledebohm, Esquire P.O. Box 173 New Cumberland, PA 17070-0173 (71738-6929 MEMBERS 1' 1 FEDERAL CREDIT UNION PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COiJNTY, PENNSYLVANIA Vs. LLOYD E. DETWILER a/k/a LLOYD E. DETWILER, 3R. DEFENDANT NO.: 09-1158 Civil Term CIVIL ACTION-LAW MORTGAGE FORECLOSURE AFFIDAVIT OF SERVICE OF NOTICE TO LIEN HOLDERS PURSUANT TO Pa. RC.P. X129.2 f c) I, Karl M. Ledebohm, Esquire, being duly sworn according to law hereby sweaz and affirm that on the 18th day of October, 2410, I served the attached NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST pursuant to Pa. R.C.P. 3129.2(c} in the above captioned matter upon the following individuals by fast class mail, postage prepaid, addressed as follows: American General Financial Services, Inc. c% Populaz Financial Services LLC P.O. Box 558 Cherry Hill, N3 08003-0558 The original notice having been returned with the above forwarding information listed. The return envelope and Postal form 3817 evidencing the re-mailing of said notie~ is attached hereto as Exhibit "1" and made part hereof I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsif cation to authoriries. Date: October 19, 2010 ~arl M. Ledebohm, Esq. Supreme Court ID #: 59012 P.O. Box 173 New Cumberland, PA 17070-0173 (717}938-6929 Attorney for Plaintiff Karl M. Ledebohm, Esquire P.O. Box I73 New Cumberland, PA 17070-0173 (717)938-6929 MEMBERS I' ` FEDERAL CREDIT UNION PLAINTIFF Vs. LLOYD E. DETWILER a/k/a LLOYD E. DETWILER, JR. DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 09-I 158 Civil Term CIVIL ACTION-LAW MORTGAGE FORECLOSURE NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST PURSUANT TO Pa. R.C.P. 3129(e) To: American General Financial Services, Inc. c/o Popular Financial Services LLC P.O. Box 558 Cherry Hill, NJ 08003-0558 TAKE NOVICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the _ CUMBERLAND COUNTY COURTHOUSE South Hanover Street Carlisle, PA 17013 on December 8, 2010 at 10:00 a.m., the following described real estate and improvements erected thereon which Lloyd E. Detwiler a/k/a Lloyd E. Detwiler, Jr. is the owner and reputed owner and on which you may hold a lien or have an interest which could be affected by the sale of: 38 Mont Sera Road a/k/a 38 Montsera Road Carlisle, PA 17015 (SEE LEGAL DESCRIl'TION ATTACHED AS EXI-IIBIT "A") The said Writ of Execution has been issued on a judgment in the action of MEMBERS 1ST FEDERAL CREDIT UNION PLAINTIFF Vs. LLOYD E. DETWII.,ER a/k/a LLOYD E. DETWILER, JR. DEFENDANT IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO.: 09-1158 Civil Term CNII. ACTION-LAW MORTGAGE FORECLOSURE at Ex. No. 09-1158 in the original principal amount of $49,359.90, plus interest, legal fees and costs. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made.-.with the Office of the Sheriff before distribution. Schedule of Distribution will be filed in the Office of the Sheriff no later than thirty (30) days from the sate date. Exceptions to distributions or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff'no later than ten (10) days from the date when Schedule of Distribution is Bled in the Office of the Sheriff. If you have any questions or comments with regard to the Sheriff's Sale or this Notice, you should contact your attorney as soon as possible. Date: October 18, 2010 Respectfully bmitted, ~~ ~~ ~. 1 M. L~debohm, Esq. upreme Court ID #: 59012 P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 Attorney for Plaintiff ALL that certain tract of land situate in Dickinson Township, Cumberland County, Pennsylvania, bounded and described in accordance with a survey made by Louis J. Hanford & Associates dated May 21, 1999, Project #9946, as follows: BEGINNING at a nail set on the western side of the public road leading from Mooredale to Moore's Mill, Pennsylvania Highway Route 21009, lazown as Mont Sera Road, which said point is a corner of land now or formerly of Micah Cook; thence along the western side of Mont Sera Road, South 03 degrees 57 minutes Ob seconds West, a distance of 72.25 feet to a nail (found); thence along lands now or formerly of Gabriel Shughart, North 87 degrees 57 minutes 48 seconds West a distance of 133.50 feet to a post (found}; thence along lands now or formerly of Daniel Peiper, North O1 degrees 11 minutes 30 seconds West, a distance of 71.12 feet to an iron pin set; thence along lands now or formerly of Micah Cook, South 89 degrees 41 minutes 66 seconds East, a distance of 140.00 feet to a nail on the western side of Mont Sera Road, the point and place of BEGINNING. TOGETHER with improvements erected thereon known as 38 Mont Sera Road, Carlisle, PA 17015 a/k/a 38 Montsera Road, Carlisle, PA 17015. BEING the same premises which Mazlene L. Whitten, single woman, by her deed dated June 10, 2005 and recorded in the Cumberland County Recorder of Deeds Office at Deed Book 269, page 1973, granted and conveyed unto Lloyd E. Detwiler, Jr., mortgagor herein. TAX PARCEL NO. 08-11-0294-024 Ezhibit "A" ~•; ` i'f i E~~i :~' riS ti.:} ~. ~i1 y...t 43"3 t?";r ~4 - ~pb~ ziOCD <xrm ~O Y tnXl m rrr-nN -- -I i" ti 3 (3 ~ xmw z » o z ~. zm -~ s~ ~v o ~ ~ m I~ °o xl~ z ~' mzw - m ~ A-~~ ~ ~ +~o~ ~, n - vit~n~ = roo~ a, ~~- -~ ~~,~ ~ o D o ~ c~ ~ ~ ~_ Z ~~ ~v~ ~^' cc -n ~~ » n SU 2 Z~7~ ~ O ~. c~m~ X ~ ~a ~' w g Q ~ D rn 0 a 0 W ,- 1 ,, ~ ~: ~~~~ .. :,:.,. vzyisa~f vsn v ~ i~~ n ~ O b N o ~ b n' xkE~ z~~~ c • r ~ ~ QO ' ~' W b ~ n t!r A ~. 00 H ~ ~. ti ° l ~f o z-~~ T ~ 3 O '~ r a ~ .... ~ ry J A. N H_ W CD a ~j O o a "'C7 ~ ~ ""' ,~ 'J Q O O_ J w -~--~ -----~_ 1 b0-6T9QSTL000 5I l~ 1N(10WH 0[~LOLIi~ Hd'ONtJI>i38Wf1~ M3N OI Fld 39~t1SOd S'fi Exhibit "1" ~y ~~ o~ ~~m AC ,r ~O cx b~c nm ImN t ~~ ~0 ~z D~ rnm ~' z n °z D 0 OoOt asrnusr iatsod satvtsa~trNn c 0 ~, m m m ~i~ ~H it T n n -"~ m O D z c~ ~(L~[~-t'f: i' ~~ 's I 2~1~7 P!~1' -z ~P~ I I ~ ~~~ ~f; t~fti! ~~,~~~ ~t~U~17~Y E d ~ ~'/~ t'il Li Kazl M. Ledebohm, Esquire P.O. Box 173 New Cumberland, PA 17070-0173 (71738-6929 MEMBERS 1,1 FEDERAL CREDIT UNION PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Vs. LLOYD E. DETWILER a/k/a LLOYD E. DETWILER, JR. DEFENDANT NO.: 09-1158 Civil Term CIVIL ACTION-LAW MORTGAGE FORECLOSURE AFFIDAVIT OF SERVICE OF NOTICE TO LIEN HOLDERS PURSUANT TO Pa. R.C.P. 3229.2 (c) I, Karl M. Ledebohm, Esquire, being duly sworn according to law hereby swear and affirm that on the 26th day of October, 2010, I served the attached NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST pursuant to Pa. R.C.P. 3129.2(c) in the above captioned matter upon the following individuals by first class mail, postage prepaid, addressed as follows: American General Financial Services, Inc. c% Popular Financial Holdings 9600 Bryn Mawr Ave., Suite 100 Des Plaines, IL 60018-5209 The original notice having been returned with the above forwarding information listed. The return envelope and Postal form 3817 evidencing the re-mailing of said notice is attached hereto as Exhibit "1"and made part hereof I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsif cation to authorities. Date: October 26, 2010 nv~~uui ~ u«Ra, V "l ~ azl M. Ledebohm, Esq. Supreme Court ID #: 59012 P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 Attorney for Plaintiff Karl M. Ledebohm, Esquire P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 MEMBERS 1 ~ ` FEDERAL CREDIT UNION PLAINTIFF Vs. LLOYD E. DETWILER a/k/a LLOYD E. DETWILER, JR. DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 09-1158 Civil Term CIVIL ACTION-LAW MORTGAGE FORECLOSURE NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST PURSUANT TO Pa. R.C.P. 3129(c) To: American General Financial Services, Inc. c/o Popular Financial Holdings 9600 Bryn Mawr Ave., Suite 100 Des Plaines, IL 60418-5209 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE South Hanover Street Carlisle, PA 17013 on December 8, 2010 at 10:00 a.m., the following described real estate and improvements erected thereon which Lloyd E. Detwiler a/k/a Lloyd E. Detwiler, Jr. is the owner and reputed owner and on which you may hold a lien or have an interest which could be affected by the sale of: 38 Mont Sera Road a/k/a 38 Montsera Road Carlisle, PA 17015 (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The said Writ of Execution has been issued on a judgment in the action of MEMBERS I sT FEDERAL CREDIT UNION PLAINTIFF Vs. LLOYD E. DETWILER a/k/a LLOYD E. DETWILER, JR. DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 09-1158 Civil Term CIVIL ACTION-LAW MORTGAGE FORECLOSURE at Ex. No. 09-1158 in the original principal amount of $49,359.90, plus interest, legal fees and costs. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed in the Office of the Sheriff no later than thirty (30) days from the sate date. Exceptions to distributions or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. If you have any questions or comments with regard to the Sheriff s Sale or this Notice, you should contact your attorney as soon as possible. Date: October 21, 2010 Respectfully sxrbmitted, ,, _.. "., _ i ~ - ~ ,_ ~ ~. .. ~.. Karl M. Lddebohm, Esq. Supreme Court ID #: 59012 '~ P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 Attorney for Plaintiff ALL that certain tract of land situate in Dickinson Township, Cumberland County, Pennsylvania, bounded and described in accordance with a survey made by Louis J. Harford & Associates dated May 21, 1999, Project #9946, as follows: BEGINNING at a nail set on the western side of the public road leading from Mooredale to Moore's Mill, Pennsylvania Highway Route 21009, known as Mont Sera Road, which said point is a corner of land now or formerly of Micah Cook; thence along the western side of Mont Sera Road, South 03 degrees 57 minutes 06 seconds West, a distance of 72.25 feet to a nail (found); thence along lands now or formerly of Gabriel Shughart, North 87 degrees 57 minutes 48 seconds West a distance of 133.50 feet to a post (found); thence along lands now or formerly of Daniel Peiper, North O1 degrees 11 minutes 30 seconds West, a distance of 71.12 feet to an iron pin set; thence along lands now or formerly of Micah Cook, South 89 degrees 41 minutes 66 seconds East, a distance of 140.00 feet to a nail on the western side of Mont Sera Road, the point and place of BEGINNING. TOGETHER with improvements erected thereon known as 38 Mont Sera Road, Carlisle, PA 17015 a/k/a 38 Montsera Road, Carlisle, PA 17015. BEING the same premises which Marlene L. Whitten, single woman, by her deed dated June 10, 2005 and recorded in the Cumberland County Recorder of Deeds Office at Deed Book 269, page 1973, granted and conveyed unto Lloyd E. Detwiler, Jr., mortgagor herein. TAX PARCEL NO. 08-11-0294-024 Exhibit "A" ---''~~ 5 FO~~R 'r1A5j'C~~~ •f~ ~ 'A'a ~~ i. "~ l' "'ro• ~ t .+,4,,~ .p{ Y ~ - ~~~~~ __--- rs'~ ~ N = U,S, POSTAGE ~~ 4> fl ~ NEW CUMBERI.ANfl • PA 1d1 t0 ~~~ 17070 rJ rw x~4 Z 1 6CAMOUNTl4 2 ~ 1 ~j ttN ~Z ~~~,. ..% A05tA~SFRV7GF ~~ ~ a J j ~ MU. ~' ~. ! 000 60078069-04 ZZ r N jC1'" ~y. d. N t1~ C14mS = ~ I , is •~ ~~ 0. t.. G to ~~~,,,pWz7 0 , - 4 'cn ~ ,~ ., iftta ~ w ~ v G 7 p= 13~ LL o ~ d ~ ~$ ~p ~. ~ a ~, a m ~ t. w w~~„ ~~~' t ~ p ri, g m •,,., U :i~ w N~ ~~ £ ~~~a 4,.. U j a° z 2 ,,,., Q N ~ ~~ ~pp pa- w O '~' "~ p"i ~' .n. d 6. O ~. w~~ ~ ~ ` ~ Q~ UO~~ N ~~ t~ 4 O O P- t w a E ~ ~ r~ ~~ ~U m g~ia O, Z X~ ~a ~~ SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor T FILED-OFFICE I,' 3 ?i DEC -6 AN 80: ?ENNS t`LIMNIM Members 1st Federal Credit Union Case Number S. Lloyd E Detwiler 2009-1158 SHERIFF'S RETURN OF SERVICE 10/08/2010 07:45 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on 10-08-10 at 1940 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Lloyd Detwiler, located at, 38 Mont Sera Road, Carlisle, Cumberland County, Pennsylvania according to law. 10/11/2010 07:52 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on 10-11-10 at 1950 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Lloyd Detwiler, by making known unto, Lloyd Detwiler, personally, at, 38 Mont Sera Road, Carlisle, Cumberland County, Pennsylvania its content: and at the same time handing to him personally the said true and correct copy of the same. 12/02/2010 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney Karl Ledebohm on 12/2/10. SHERIFF COST: $1,157.97 December 02, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF Q-as Pd CG- , a sz ??o -. G0untySUit0 Sherft. Teleosoft. In::. Karl M. Ledebohm, Esquire P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 MEMBERS 1 J' FEDERAL ,CREDIT UNION PLAINTIFF Vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 09-1158 Civil Term LLOYD E. DETWILER CIVIL ACTION-LAW a/k/a LLOYD E. DETWILER, JR. DEFENDANT MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 Members 1 S` Federal Credit Union, plaintiff in the above action, set forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located in Dickinson Township, Cumberland County, Pennsylvania, known and numbered as 38 Mont Sera Road (a/k/a 38 Montsera Road), Carlisle, PA 17015. 1. Name and address of owner(s) or reputed owner(s): Lloyd E. Detwiler a/k/a Lloyd E. Detwiler, Jr. 38 Mont Sera Road Carlisle, PA 17015 2. Name and address of defendant(s) in the judgment: Lloyd E. Detwiler a/k/a Lloyd E. Detwiler, Jr. 38 Mont Sera Road Carlisle, PA 17015 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: COPY r Members 1St Federal Credit Union 5000 Louise Drive Mechanicsburg, PA 17055 4. Name and address of the last recorded holder of every mortgage of record: Members 1St Federal Credit Union 5000 Louise Drive Mechanicsburg, PA 17055 Equity One, Inc. P.O. Box 3503 Evansville, IN 47734-3503 American General Financial Services, Inc. 301 Lippincott Drive Marlton, NJ 08053 American General Finance P.O. Box 3251 Evansville, IN 47731 5. Name and address of every other person who has any record lien on the property: 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, PA 17013 Domestic Relations Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Occupant 38 Mont Sera Road Carlisle, PA 17015 t I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: September 8, 2010 Respectfully submitted, Karl M. Ledebohm, Esq. Supreme Court ID #: 59012 P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 Attorney for Plaintiff Karl M. Ledebohm, Esquire P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 MEMBERS 1" FEDERAL CREDIT UNION PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, : PENNSYLVANIA Vs. LLOYD E. DETWILER a/k/a LLOYD E. DETWILER, JR. DEFENDANT : NO.: 09-1158 Civil Term :• CIVIL ACTION-LAW : MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE To: Lloyd E. Detwiler a/k/a Lloyd E. Detwiler, Jr. 38 Mont Sera Road Carlisle, PA 17015 THE UNDERSIGNED ATTORNEY IS A DEBT COLLECTOR PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, I AM REQUIRED TO INFORM YOU THAT THIS DOCUMENT AND ANY SUBSEQUENT CORRESPONDENCE OR COMMUNICATION IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Your house (real estate) at 38 Mont Sera Road (a/k/a 38 Montsera Road), Carlisle, PA 17015, as more particularly set forth and described on Exhibit "A" attached hereto and made part hereof, is scheduled to be sold at Sheriff's Sale on December 8, 2010 at 10:00 a.m. in the Office of the Sheriff, Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment in the principal amount of $49,359.90 plus interest at the legal rate, additional attorney's fees and costs of suit obtained by the above named Plaintiff against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The Sheriff Sale will be cancelled if you pay to the above named Plaintiff the amount necessary to bring current the mortgage obligation evidenced by the judgment plus costs and reasonable attorney's fees or all amounts due to plaintiff under the mortgage obligation evidenced by the judgment plus costs and reasonable attorney's fees. To find out how much you must pay, you may call Karl M. Ledebohm, Esquire, at (717)938-6929. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below to find out how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling the Sheriff at the County Courthouse. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff at the County Courthouse, which number is listed below. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff on January 7, 2011 (within thirty (30) days after the Sheriff Sale). This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed by the Sheriff. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717)249-3166 or (800)990-9108 The Sheriff's phone number is: (717)240-6390. Karl M. Ledebohm, Esquire Supreme Court ID #59012 P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 Attorney for Plaintiff ALL that certain tract of land situate in Dickinson Township, Cumberland County, Pennsylvania, bounded and described in accordance with a survey made by Louis J. Harford & Associates dated May 21, 1999, Project #9946, as follows: BEGINNING at a nail set on the western side of the public road leading from Mooredale to Moore's Mill, Pennsylvania Highway Route 21009, known as Mont Sera Road, which said point is a corner of land now or formerly of Micah Cook; thence along the western side of Mont Sera Road, South 03 degrees 57 minutes 06 seconds West, a distance of 72.25 feet to a nail (found); thence along lands now or formerly of Gabriel Shughart, North 87 degrees 57 minutes 48 seconds West a distance of 133.50 feet to a post (found); thence along lands now or formerly of Daniel Peiper, North 01 degrees 11 minutes 30 seconds West, a distance of 71.12 feet to an iron pin set; thence along lands now or formerly of Micah Cook, South 89 degrees 41 minutes 66 seconds East, a distance of 140.00 feet to a nail on the western side of Mont Sera Road, the point and place of BEGINNING. TOGETHER with improvements erected thereon known as 38 Mont Sera Road, Carlisle, PA 17015 a/k/a 38 Montsera Road, Carlisle, PA 17015. BEING the same premises which Marlene L. Whitten, single woman, by her deed dated June 10, 2005 and recorded in the Cumberland County Recorder of Deeds Office at Deed Book 269, page 1973, granted and conveyed unto Lloyd E. Detwiler, Jr., mortgagor herein. TAX PARCEL NO. 08-11-0294-024 Exhibit "A" WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 09-1158 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MEMBERS 1sT FEDERAL CREDIT UNION, Plaintiff (s) From LLOYD E. DETWILER a/k/a LLOYD E. DETWILER, JR (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION . , (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $49,359.90 L.L.$.50 Interest from 4/20/09 at the legal rate Atty's Comm % Atty Paid $913.49 Plaintiff Paid Date: 9/10/10 Due Prothy $2.00 Other Costs to be added Da . Buell, Pro onotary (Seal)' REQUESTING PARTY: Name: KARL M. LEDEBOHM, ESQUIRE Address: PO BOX 173 NEW CUMBERLAND, PA 17070-0173 Attorney for: PLAINTIFF Telephone: 717-938-6929 By: Deputy Supreme Court ID No. 59012 On September 22, 2010 the Sheriff levied upon the defendant's interest in the real property situated in Dickinson Township, Cumberland County, PA, Known and numbered as, 38 Mont Sera Road, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 22, 2010 By: Real Estate Coor inator The Patriot-News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 Zhe Patr1*otwXews Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Holly Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th. 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 10/15/10 10122110 10/29110 P. 4 LC Sworn to an'!_2 scribed ore me this 14 day/ November, 2010 A. D_ l Notary Public COMMONWEALTH OF PENNSYLVANIA i Notarial Seal i Sherrie L KWw, Notary Public i Lower Paxton Twp., Dauphin County My Commisslon Expires Nov. 26, 2011 i. Member, Pennsylvania Association of Notaries 2009-1158 CNN Tam McMbers ist F'oderal CrWM Union ve Lioyd.E Detwiler a/k/a Lloyd L Detwiler, Jr Atty: Karl M. Ledebohrn ALL that certain tract of land situate in Dickinson Township, Cumberland County, Pennsylvania, bounded and described in accordance with a survey made by Louis J. Harford & Associates dated May 21,1999, Project #9946, as follows: BEGINNING at a nail set on the western side of the public road leading from Mooredale to Moon's Mill, Pennsylvania Highway Route 21009, known as Mont Sera Road, which said point is a corner of land now or formerly of Micah Cook; thence along the western side of Mont Sera Road, South 03 degrees 57 minutes 06 seconds West, a distance of 72.25 feet to a nail (found); thence along lands now or formerly of Gabriel Shughart, North 87 degrees 57 minutes 48 seconds West a distance of 133.50 feet to a post (found); thence along lands now or formerly of Daniel Peiper, North 01 degrees I1 minutes 30 seconds West, a distance of 71.12 feet to an icon pin set; thence along lands now or formerly of Micah Cook, South 89 degrees 41 minutes 66 seconds East, a distance of 140.00 feet to a nail on the western side of Mont Sera Road, the point and place of BEGINNING. TOGETHER with improvements erected thereon known as 38 Mont Seta Road, Carlisle, PA 17015 &Wa 38 Montsem Road, Carlisle, PA 17015. BEING the same premises which Marlene L. Whitten, single woman, by her deed dated June 10, 2005 and recorded in the Cumberland County Recorder of Deeds Office at Deed Book 269, page 1973, granted and conveyed unto Lloyd E. Detwiler, Jr., mortgagor herein. TAX PARCEL N0: W114294.024 _J PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: October 22, October 29, and November 5, 2010 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. r? 11sa Marie Coyne, ditor ?-7 t SWORN TO AND SUBSCRIBED before me this 5 day of November, 2010 C Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 CUMBERLAND LAW JOURNAL Writ No. 2009-1158 Civil Members 1st Federal Credit Union va. Lloyd E Detwiler a/k/a Lloyd E. Detwiler, Jr Atty.: Karl M. Ledebohm ALL that certain tract of land situ- ate in Dickinson Township, Cumber- land County, Pennsylvania, bounded and described in accordance with a survey made by Louis J. Harford & Associates dated May 21, 1999, Project #9946, as follows: BEGINNING at a nail set on the western side of the public road lead- ing from Mooredale to Moore's Mill, Pennsylvania Highway Route 21009, known as Mont Sera Road, which said point is a comer of land now or formerly of Micah Cook; thence along the western side of Mont Sera Road, South 03 degrees 57 minutes 06 seconds West, a distance of 72.25 feet to a nail (found); thence along lands now or formerly of Gabriel Shughart, North 87 degrees 57 min- utes 48 seconds West a distance of 133.50 feet to a post (found); thence along lands now or formerly of Daniel Peiper, North 01 degrees 11 minutes 30 seconds West, a distance of 71.12 feet to an iron pin set; thence along lands now or formerly of Micah Cook, South 89 degrees 41 minutes 66 seconds East, a distance of 140.00 feet to a nail on the western side of Mont Sera Road, the point and place of BEGINNING. TOGETHER with improvements erected thereon known as 38 Mont Sera Road, Carlisle, PA 17015 a/k/a 38 Montsera Road, Carlisle, PA 17015. BEING the same premises which Marlene L. Whitten, single woman, by her deed dated June 10, 2005 and recorded in the Cumberland County Recorder of Deeds Office at Deed Book 269, page 1973, granted and conveyed unto Lloyd E. Detwiler, Jr., mortgagor herein. TAX PARCEL NO. 08-11-0294- 024. 35