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Home My WebLink About09-2614Karl A Ledebohm, Esquire P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 MEMBERS I ST FEDERAL CREDIT UNION PLAINTIFF Vs. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA NO.: M- o?(Olq eml (PXWt RANDY E. BOUDER RUTH E. BOUDER CIVIL ACTION - LAW DEFENDANTS MORTGAGE FORECLOSURE NOTICE TO DEFEND AND CLAIM RIGHTS 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 ban 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 demanda y la notification. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objections a las demandas en contra suya. Se ha avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notification y por cualquier queja o alivio que es pedido en la peticion de 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 17070-0173 (717) 938-6929 MEMBERS 1 IT FEDERAL IN THE COURT OF COMMON PLEAS CREDIT UNION CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF Vs. NO.: O q- -24/,f ' Cu - 1 `2".`. RANDY E. BOUDER and RUTH E. BOUDER DEFENDANTS : CIVIL ACTION-LAW-MORTGAGE :FORECLOSURE COMPLAINT AND NOW, comes Members 1"Federal Credit Union, the Plaintiff in the above captioned matter, by and through its attorney Karl M. Ledebohm, Esquire, and makes the following complaint: 1 1. Plaintiff, Members 1 sc Federal Credit Union ("Members 1 ""), is a National Federal Credit Union having a principal address of 5000 Louise Drive, Mechanicsburg, PA 17055. 2. Defendant, Ruth E. Bouder, is an adult individual having a last known address of 8835 Powells Chapel Road, Murfreesboro, TN 37129. 3. Defendant, Randy E. Bouder, is an adult individual having a last known address of 8835 Powells Chapel Road, Murfreesboro, TN 37129. Ruth E. Bouder and Randy E. Bouder are referred to herein collectively as "Defendants." 4. On or about June 29, 2007, Defendants borrowed from and agreed to repay to Members 1s'TWO HUNDRED AND EIGHTY THOUSAND AND 00/100 ($280,000.00) dollars (the "Loan"). The Loan is evidenced by a Closed-End Note, Disclosure, Loan and Security Agreement dated June 29, 2007 (the "Note") executed and delivered to Members 1" by Defendants. A copy of the Note is attached hereto as Exhibit "A" and made part hereof. 5. As security for the Loan, Defendants executed and delivered to Members I 't a mortgage ("Mortgage") on all that certain real estate and improvements erected thereon situate in Upper Frankford Township, Cumberland County, Pennsylvania, known and numbered as 74 Fox Lane, Newville, PA 17241 (the "Property"). At all times relevant hereto, Defendants have been and continue to be the record and sole owners of the Property. A description of the Property is attached hereto as Exhibit "B" and made part hereof. 2 6. On or about July 19, 2007, the Mortgage was recorded in the Cumberland County Recorder of Deeds Office at Mortgage Book 2000, Page 1658. A true and correct copy of the Mortgage is attached hereto as Exhibit "C" and made part hereof. 7. The Mortgage has never been assigned by Members 1St and is still held by it as a valid and subsisting obligation of Defendants. 8. Pursuant to the terms and conditions of the Note, Defendants agreed to pay to Members 1St monthly installments of principal and interest in the amount of at least $2,196.57 each, which monthly payments were subsequently adjusted to $2,194.00 each, beginning on August 1, 2007 and continuing on or before the first of each month thereafter. 9. Defendants are in default of Defendants' obligations under the Note and the Mortgage as a result of Defendants' failure to make the monthly payments due to Plaintiff as set forth therein in the amount of $2,194.00 for the months of November through December, 2008 and January, February and March, 2009 as more particularly described in the Act 91 Notice attached hereto as exhibit "D" and made part hereof. 10. Members 1 st gave written notice of its intent to foreclose Pursuant to the Act of January 30, 1974, P.L. 13, No. 6, 41 P. S. section 101, et. §N., and in particular section 403 thereof, and of Defendants' rights in accordance with the Homeowners' Emergency Mortgage Assistance Act, Act of December 23, 1983, P.L. 385, No 91, 35 P.S. Section 1680.401(c), et. seq., by letter dated March 3, 2009, addressed to Defendants via certified mail, return receipt requested. A copy of the said notice is attached hereto as Exhibit "D" and 11. 12. 13. made part hereof. US Postal Shipment Request and Track & Confirm forms evidencing the mailing of said Notices are attached hereto as Exhibit "E" and made part hereof. Simultaneously, Members 1St forwarded to Defendants the same Notices as set forth in paragraph 10 above addressed to Defendants by United States mail, first class, postage prepaid, bearing the return address of Members 1St. The Notices forwarded to Defendants in said manner have not been returned to the offices of Members 1St as undeliverable or otherwise. As of April 20, 2009, Defendants are indebted to Members 1 at in the amount of TWO HUNDRED NINETY THOUSAND TWO HUNDRED EIGHTY- NINE AND 45/100 ($290,289.45) dollars itemized as follows: a. Outstanding principal $274,226.09 b. Interest to April 20, 2009 12,405.16 c. Late fees 658.20 d. Attorney's fees 3,000.00 f. Total due to Members 1 st as of 4/20/2009 $290,289.45 The above attorney's fees are estimated through sheriff sale and are in accordance with Defendants' agreements as set forth in the underlying Mortgage and the Note. Defendants will be responsible for actual reasonable legal fees incurred by Members 1St in this matter subject to any limitation contained in the Note. 4 14. Defendants also agreed under the terms and conditions of the Note that in the event of default there under Defendants would pay, in addition to the amounts set forth in paragraph 13 above, costs incurred by Members I" as a result of the institution and prosecution of these legal proceedings. 15. The obligation owed to Members 1St continues to accrue interest at the rate of $53.6431 per day, through the date of payment and continues to accrue attorney's fees and costs. 16. As set forth above, Members 1 st has made demand upon Defendants to cure the default under the Mortgage and the Note. However, as of the date hereof, Defendants continue to fail and refuse to cure the default. WHEREFORE, Plaintiff, Members 1St Federal Credit Union, demands judgment against Randy E. Bouder and Ruth E. Bouder, in the amount of TWO HUNDRED NINETY THOUSAND TWO HUNDRED EIGHTY-NINE AND 45/100 ($290,289.45) DOLLARS plus interest at the rate of $53.6431 per day, through the date of judgment entered on this complaint and at the legal rate thereafter until the date of payment, additional attorney's fees and costs of suit and for foreclosure and sale of the mortgaged property. Date: y' Vl Respectfully submitted, emu... ?... ?,.....,.,.,u.u, ?.?. Supreme Court ID # : 59012 P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 Attorney for Plaintiff 5 t I5000 Louise Drive, P.O. BOX 40 Mechanicsburg, PA 17055 MEMBER5 nwa..-- PRa1CIPAL AMOUNT RANDY E BOUDER FIXED ? VARNBLE ANNUAL PERCENTAGE FINANCE CHARGE' Amount Financed: The amount of Total of Payments: The amount RATE', The coal of your credit as a The dollar amount the creditwill credit provided to you or on your you will have paid after you have yearly rate. cost you. behalf. made all payments as scheduled. 7.14 % a $ 247,172.16 • $ 260,000.00 o S 527,172.16 e Variable Rose: # your loan has a variable me a indicated above ale Anrwal Percentage Rate may increase during the term at leis irmaniNon a IM (Index) chrglIL The credit union will add a margin of to the miles vaWa. The rate will charge monthly an the twat day of the month. Tha rate will never be higher than to maxinsom rate allowed by law, Next 4 will never be less than . Any interest rare kXMNGS WW result in more payments of Use some amount. For Example, if your loon was for $5,000 at 15% for 46 months and the Annual Percentage Rate increasing by 2% after one year. the tram oI your wan would increase by two months rP starred Rase: 11 dhacluW, the fattowk sp fW$ to Your ben: ment D nounted Rau: Because you have agreed to make your required monthl XX Automatic Pa a ments throu h an w40maee ded cti f Checking/Savin y y p y g u gs on rom your your ANNUAL PERCENTAGE RATE has been discounted by.20%. The ANNUAL PERCENTAGE RATE disclosed above M 1ha ANNUAL PERCENTAGE RATE box is Account , the Autrrutic Payment Discounted Rate. This rate will breve by .20% it you cease Ma automatic payment arrangement or fag to maintain sufficient funds in your mcbum to cover the auuww k payments. In such • Case, the effect of the increase will be to extend the term of your ban. For example, N Your Automatic Payment Discounted Role is 10% on a 55,000.00 ban for 60 months and you cease sea automatic payment omingernmL your rate will increase l0 10.20%, resulting In 1 additional payment. Variable Rate Preferred Loans. It your loan Is a variable rate loan and you quality for a preferred role, your preferred discount is taken at the time you lake our your titan. Time initial preserved ANNUAL PERCENTAGE RATE will then vary according to changes In the Index (n discIosed above). For example, if a variable rate ban's initial ANNUAL PERCENTAGE RATE Is 12% as the dime you take the ban, your initial preferred ANNUAL PERCENTAGE RATE wig be N/AW Your Initial preferred ANNUAL PERCENTAGE RATE will then vary according to dos Index, an disclosed in tha'Variable Rate` provision above, Fixed Rate Preferred Loam. N your ban is • fixed rate bon and you quality for a preferred rate, your ANNUAL PERCENTAGE RATE will be the preferred ANNUAL PERCENTAGE RATE disclosed above 10 ea ion as your prelarred status remains in effect. Number of Payments Amount of Payments Payment Frequency When Payments Are Due Property Insurance: You may obtain property Insurance from anyone you want that b acceptable to Your P"-" 239 $2196.57 Monthly - Beginning oa/01 12007 • the credit union. If you get the insurance from the wll11 credit union o scr"Iduls 1 $2191.93 Final Due - On 07101/2027 VA to; y pay u $ NIA Security: Collateral ssc rii rhr bans with the credit union will also secure this ban. You are giving a security Interest M and: your shares and/or deposit in the credit union ? X the goods or property Other being purchased. (Do ribs): . Late Charge: If a payment is Into by 10 days Or mite you will Required Deposit Blanca: The Annual Percentage Rate does Fging Fees; Non.FlNng Insurance; of your scheduled payment, In chrged a IIgo tae of 5% not take Into account your required deposit balance, d any. = WA s II/A ? • Y naela esenYhN. you w pay aPWW the IcWh tl tl?ile arxt pxaWlmhn?l refunds axi peraMes t rnnDey,rwiL . any ,ocla repayment n bass. AMOUNT FINANCED $ 280,000.00 Amount Paid to others an your behalf (Describe) AMOUNT GIVEN TO YOU DIRECTLYS 4,559.33 So' To MimeimLet $ 17.253.54 To Sit OF AMER 50.00 To Mlmsaote Live $ To AMOUNT PAID ON YOUR ACCOUNTS 246,684.22 $ 2,356.00 To KAY JEWELERS $ To $0,135.91 To HSWJKAWIS $0.00 To Fite PREPAID FINANCE CHARGE $ 0.00 $ To Alted Sokaons 5 To Am" sclu su You agree that to terms and conditions in IM disclosure statement and the ban and security agreements bated on page 2 of this document shag apply to ova loan. II there is more than one b6rmalar, we agree that ON the conditions of the loan and security agreements governing this loan Mall apply to both )olntly and severally. You scimosiredge Mal you have received a copy at to ban and security agreements and disclosure slalemenl. Co-signer: If you are signing as co-signer, you acknowledge receipt of Use notice to co-sign comarned on page 2. RO 'S SI ATURE DATE , CO-MAKER ? .0 HER OWNER "CO-SIGNER DATE ,F t" (SEAL) (SEAL) ? CO-MAKE ? 'OTHER OWNER ? --CO-SIGNER DATE ? CO-MAKER ? 'OTHER OWNER ? "CO-SIGNER DATE X (SEAL) X (SEAL) ? CO-MAKER ? 'OTHER OWNER ? '-CO-SIGNER DATE ? CO-MAKER ? 'OTHER OWNER O "CO-SIGNER DATE X (SEAL) X (SEAL) -OMM oetNea: A.y-wise ti • -.7 %,wwlleawr eat, •. • ree•r «a..•o m eat-de--1.4- erww we e• ens • awwwa«,k red ekFrwe a Pr,w w•1, w w,emi-Ai ewh «Me Wen ew a win,4 L-t M eat -1 -0b dw*,•swviry Auw -"COaloNER!Saw det-N." eredr will wry aws hwwdet•p yrw,•lrar,xw ewrw•wr M" we 0 ewwv«,r1. twit Tlw ewred« r•iew M r,erlee w vlddr w «.Iw rw1IM•mbe M w1xM M Yw. ter wweww,w even eve wwwww w e•s ewwwww w ?,,,wwe, r. ww ,m wWwee •„nr•, w w,w„ wave, «w •wr, {veer nosy wmnw r1 « arty erre. r met urea-awl a forv e n r-a see-sa. ww mull a piMy WWb AOAPY sacra Nrdr Ya ton, and MM arWrma and glarxra are Iwl aegible bat beuxera. AVSLICIV Cl -E?? A MEANT The following que Worts, l and 2, neat be arewslad to:0-0 n• My (out) allpbilly, ffor hauranca: YY (N 1. (AFNrasb to ea kit a ehsagNbr") WN you W under age70 on IM schMlAod rat "daft of W Nan? 2. (applicable to dabiMy add hateforr :r3?profit 0. h 1eme question pw m wI aim be ?rXNV PW300t MN?mobrea be '"°"` nB ? ? El D In 3. ppy1araaq? Ma lsstkw alt, Kara you loam wry. ap?rfad tl eat 4etrled b: Carlc,r ;M641 Ck or aria dame. amM El 0 My oRnw4. Acglree tyemkeN DsNdancy SyrtllMa IAIp$) r Ap$ RMaNd Conga (AgC)4 comma ry 0. D olC" I aver -NO' N rruaabon 1 r 2,wit rwN `-d tral Ins panm is not Nabl• to kwanu arW wit not rnsredtt my IgappkeMa rl mm kua xiawswlo to of my fear) lewwletlpa ref banal. E mX? glssxm A wit wgralrMlhet w ra aY? naxmp up b rm arrovA red •x=?n 81.00 TM aifoOW doe of my (our) Inurana we W M data I waapolk3 Any person who knowingly and with Imml to defraud arw MwreKe a conq•m w other is as m appMcaam Ir nnauranca or slrerram wr claim eemalnmp am/pm stark lUSe mrorrrmnaallbn r concaala for ft. pwpoas of misleading, mlporNmnbn nnrklect mawdn dr,nto eamrrMa a lnWUNm kwur,r,ce act, and acts lori bMen% -y?e-a have rwt hen. e?NWrin laroio'nas n ilolrH?d ins dited Net, vVSc?elt.. end„I the appikair hay sea Mm walen,ssMfib applkmon will owl Ina user In comer N ail eppllcaW CREDIT INSURANCE APPLIED FOR: NOTE: ONLY ONE APPLICANT MAY APPLY FOR DISABILITY COVERAGE. ? Yes [K No Single Credit Life Total Premium ? Yes ? No Credit Disabilly Total Premium ? Yes Q No Joint Credit Life indicate which appkOam(s): ? APPacani ? Co-Applicam ; S O.DO Indicate which applkamts): ? Appacam ? Co-Appiam ; S 6.00 CO-APPLICANT'S SIGNATURRE? DATE OF BIRTH DATE - ^ L-111 (APPLICANT) SECONDARY BENEFICIARY (CO-APPLICANT) MHC-911A3e0 37 A MHG974200.37 LASERNORD F. 43700 Rav. L01 aai Cornpwiies• IM AN rry/b reamed. Exhibit "A" OTHER (Describe): 74 FOX LANE NEVVVILLE, PA 17241 SOR R'S NAME LOAlI NUMBER ACCOUNT NUMBER DATE OF LOAN RANDY E BOUDER 211470 27430504 05ag/2007 NAMED E G REMEN(SITHE WORDS "CREDIT UNION' MEANS MEMBERS 1ST FEDERAL CREDIT UNION, THE WORDS "YOU." "YOUR" AND "YOURS" MEAN THOSE AS . LOAN AGREEMENT Psyments/Finance Charges: For value received, you promise to pay, at the Credit Union's office, ea amounts due. All payments shall be made to rsuanl to the disclosure statement on age 1 of this document. You understand that the finance charge and total of payments shown on page 1 of this document are based on the assumption that all instalment payments will be made on the scheduled due dates, and , if you have qualified for preferred rate that you continue to satisfy the conditions of that preferred rate. It you fail to pay any installment by the time it is due, you will pay additional interest on the overdue amount. Allocation of Payments and Additional Payments: Payments and credits shall be applied in the following order: any amounts past due; any fees or charges owing. Including any insurance premiums; accrued Interest or finance charges; outstanding principal. Payments made In addition to regularly scheduled payments shall be applied in the some order. Preferred Rate: It you qualty for a preferred rate as disclosed on page 1 of this document or in a separate preferred rate addendum, you understand that you must meet Nta conditions disclosed to you >n order 10 qua Ufv for the preferred rate and must continue to at those conditions in order o keep your pI rued rate. If you fail to meet those conditions, your rate cult increase, ltlarebyy extending the lertna of your ben, You promise to continue making payments and to meet all obI' atbns under this Agreement even if you no longer receive the profaned refs. Late Charges: If you make a late payfften1, you agree to pay mate charge if one is disclosed on page 1 of this tlocument. Property Insurance: If you obtain a ban secured by a motor vehicle or olher tangible p you must obtain Insurance which protects the credit union from linen al loss. The amount and coverage of the property insurance must be acceptable to the credit union. Sucfn a policy must provide at least fire, theft, combined additional coverages and collision Insurance. It must contain a Loss Payable clause endorsement norning the credit union as ran holder. You may obtain this insurance from any agent of your choice and direct the agent to send the credit union a copy of the policy. Debtor Responsibility: You promise to notify credit union of any charge in your name address or employment. You promise not to apply for a loan If you know there Is a reasonable probabll That you will be unable to repay You obligation according to the terms of a credit extension. You promise to ktrbrm credit union of any new information which relates to your ability to repay your obligation. You promise not to submit false or inaccurate information or willfully conceal information regarding your creditworthiness, credit standing, or credit capacity. SECURITY AGREEMENT 1. To secure payment of this ban and all expenditures If union In connection with this loan, or In malialno on ¦ any 2. You will not change In location Of. 5111 of transfer the colataral Wass you have ON craft union's prior written consent 3. You wb"m that you have un isle to the collateral, Ira of all slaray Interests except IM given to the cra on arid except for ary Interest of a ndn.co. m? owner Of the collateral who has signed the agreement in the kdicafed 4. You will pay all taxes, assessments. and sans against or anactned 1o area Itr0Per1Y described and further b keep th¦ proporty in good ccrtasion, houaad in e aukabie shelter . You aalee 1o exaeuls Mafirnatre rM tawny ayyteemed amardman s at uua cn dd unlon'a r war end w dolotd Ine property apsea t adverse hand party chlrix 5. You will maintain Insurance to cover any vehicle or other property in which the credo union • y, so0A 1. tyak uNdon. YtWSt? ?y he crealtt unioprid n an annum son d h es as ay b Ina proof oof such insurance unto as sterns owed ttoa?credit boon and segued by this ope such unern u r raqu1; lo, Md. N you Insurance of ow own and add Mi qtr sw,tnroWiha sums?orpwpeed. This coal will boa idaroat at the contract rare until pod. You further utau a " Y W credit union the right to receive the i r e any unioFor n Ito psi X any ?dr?clts wars b provided as roepl.vod ot such Insure AM apply tame proceeds the b the sums owed to brefl union You Itathor sunor¢e the credo union t9g provba your insurance Service Center with the necessary Information for verrlCa1p11 ot so"Usle coverage, You ocimewiled t11d Insurwne or an uatonston anereof. pled by the credit union h wlthaul benefit to you ndivxlua?ly but is Ixknamy Id IM protection of the credit union. pr cre 6, ddiim° ished in value m ter soy r reei9 won f.N Hilt A'p111il a a 1y?yh"eyuied, yoat area to asstgri 10 10111. credit union Within ten (l0) days W w addsknat 5aWf1y the credo union (eels Is necessary to protect the bread union against possible , Statutory Lien: N you are In default, federal law gives the credit union the right, to app, the balance of "tea and/or dividends in ourn dyetaueccount(s at the time of de(suit to sagsly this ban. Once you are ill, the cre dit union may exercise this right without further notice to you. Delay In Enforcement: Credit Union may delay enforcing any of the credit union rights under this agreement without losing them. Irregular Payments: The credit union may accept late pa ments or partial payments, even though marked "payment in full, without losing any of the cred'd union rights under this agreement. Co-makers: If you are signing this agreement as a co-maker, you agree to be equally responsible wdh the borrower, but the credit union may sue either or 60th of you. The credit union does not have to notify you that this agreement has not been paid. The credit union may extend he terms of payment and release any security without notifying or releasing you Rom responsibility on this agreement. Contractual Pledge of Shams: You pledge all your shares and deposits In the credit union, Including future addluons, as security for this ban. In case you default. the credit union may apply these sham and deposits to the payment of ell sums due at the time of defoull, Including costs of collection and reasonable attorney's less. that the credit union may Incur, up to 20% of the unpaid principal and Interest. No Ilan or right to Impress a lion on shares and deposits shall apply to any of your shares which may be hold In an "Individual Retirement Account" or "Keogh Plan." 01002/99 You are being asked to guarantee this debt. Think carefully before you do. If the borrower doesn't pay the debt. you will have to. Be sure you can afford to pay if you have to, and that you want to accept this responsibility. You may have to pay up to the full amount of the debt If the borrower does not pay. You may also have to pay late fees or collection costs, which increase this amount. The creditor can collect this debt from you without first trying to collect from the borrower. The creditor can use the some collection methods against you Thal can be used against the borrower, such as suing you, garnishing your wages, etc. N this debt is ever in default, that fact may become a part of your credit record, This notice is not the contract that makes you liable for Ifta debt. F. 43768 1/02 APPRO Staten, Im. 224.1076 Page 2 of 2 a. The Credo union is pareby oppokded Be your Allomry-k -Fact te pedant arty ads which the craddttl union lash era nee"&Wy to protect the eoWeral and 1hs security ntereat watts this agreement vases g, If there is mesa then one borrowVour obgodions under this aareamrd ate eoingre and veal, soon being equsuy mspon We to IWfN the Mms of INS 10. This securhy, agreement not only binds you, but your executors, administrators, heirs, and assigns. ALL THAT CERTAIN tract or parcel of laird and premises, situate, lying and being m the Township of Upper Fmnkoford w the County of C=berWA and Commonwealth of Pennsylvania, morn particularly bounded and &wnibed in accordance with a Subdivision plati, dated Imuny 2, 1985, by Larry V. NeAinger, Rtgistared Professional Land Surveyor, and recorded April 15, 1985, in Cumberland County Plan Book 47, Page 93, as follows: BEGINNING at a trail in the center of a 12 feet wide gravel right of way line of lands of Wilmer Blow, thence along said land of Bosler, South 59 degrees 30 minutes West 493.79 feet to an iron pin; them along lands of James Mentor, North 10 deg m 11 minutes 21 seconds West 1560.52 feet to an iron pin; thence in the center of a 12 feet wide gravel right of way and along other property of Annabelle M. Spangler and Gary Paul Spangler, of which the bract herein conveyed formerly was a part of to following 7 courses and distances: 1) South 23 depm 51 minutes East 137.82 feet to a read; 2) South 48 degrees 08 minumes Fast 96.07 feet to a mail; 3) South 89 degrees 12 minutes Fast 213.62 feet to a nail; 4) South 18 degrees 55 minutes East 229.57 fret to a nm1; 5) South 20 degrees 01 minutes Fast 309.32 fact to a nail; 6) South 14 dogrees 15 minutes East 298.66 feet to a nail; 7) South 19 degrees 55 minutes East 313.60 feat to a nail in the place of BEGINNING. CONTAVONG 11.280 acres. Being the same premises which Donna L. Way, by her deed dated January 31, 2000 and recorded in the Cumberland County Recorder of Deeds office at Deed Book 239, Page 82, granted and conveyed onto Randy E. Bouder and Ruth E. Bouder. EXHIBIT "B" FAX NO. :7172459661 w prepared By, Manbws lst FCU ?hsn PA 17055 NAM firm M dIM0b: rrrAltlSNWNv T1fS.1CfiQM tA1YCa' UNDMADYAJ UM Ilse 9f RAP M XSWW2" CLSVjL4M O W 44114 AM ]1'7'1129 4uG°eLOW- 43oNU3896a3A Apr. 23 2009 11:39AM P3 PUERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND MIT" M JUL 19 RM 10 43 MORTGAGE Me& oW&UM Selwe" RANDY E SOUDFR AND RUTH L WUDER And M M BERS 11f F191MRAL CREDIT UMOIN (hereinaftr called 'Mattppd) NMreen, Morlpgor ha axecwd and delWaW to MW4MM s oatiain M Nate {heneitrtta caltod die 'Note') of even date herewith, payable to the 014W ormor4ma in pal sum of S 250 hrwlirl etaney ofthe UtlWed Stabs o(AuwkxN ,rod hu povidsd dw plow ?y o fey lastrad a •dvaooed titww dts' by Mort4a1s4, "edw with interest tharean at the rats provides is tine Note, is the mrsner and td fire tbnea therein sat tfosdi, and coT"oh* ewWn ether Was and cm dWoea, all of which are specifically incarponftd herein by teferenoe; Now, lUro rr% Mottgsger, in consideradon of u M debt or principal sum and u security for the payment of the same and interest as aforesaid, tagedw with all o wt sum payabta hereunder of under the toms ofthe Nate, dew grant and convey unto Mottppe, AN that 00tain proPoty ofthe Moripgor iooabd in FMNIK ODD O H[P C?m?brrhnd amty, p mtsylvsnie SEE EXH WIT A which ctimently hsa the address of A FOX LANE, (9trest] No w k , Pwwwihnttwa 17241 _ (City) (zip Coda AM fie AWA. 21147004 9"00 FC.1 A 9 it pap t Of 4 Exhibit "C" ln&L# 200725108 - Pace I of I FROM : CIJMBERLgND s FAX NO. :7172459661 gpr. 23 2009 11:39AM with the balldia?pt lnd haproveaoeais enetsd ftmn. tie rt?aaca bc1? the rtvasiom. t011edrtderi. resets. ima atd prdlis To Rave and To Hold the same o W MMP". its me MNM MW U3494 fw", p?vi BoNavar , 7tat if 1~toAp?ar aisil pay to tie aferaaaid debt or ptia? lom or f 1o®M? trldt ie t dwrooa ? 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W, ioal%3 loenR? ?eeeetter be Added to ffis pd debt do& F mm u &e ? mdd AW bbwme doe m rents. aad aN adw tdesrAa aW ddws awmW ar le1 hareeadetiy, pm? eeetdeatdd Wee ve flr to the deb hom d0 ddehta and duds tYesaoa a m?qo?vee apass o0 band end (a pttpmPO..Y elm' rubiomw am" add ar aow a Paid, MWW4W ": W PRY Arad ?dmtaCO-din naaanosaasevyar and wartea cl lane t &ft in-Him or p?ymeai p deb Icb poUdes of hatllitrl cad ulswsaee as sIa h>?I and baptovenlenbt now a hanalMe ended a m ht favor of aed f?forgtp i tbdr A to er a of tie dwe aad pancaul MMW a" at is opdm paid inn 1 =Wknft OIOMMOOe. amiNbtle the=t on dw Nam necaaacy preMderaae Wdee $In "i ID am Sam P? llativa? ony 1= to okbor- (3) doll mdm* A bdUbW aced sutW to dds Mw%W In Cd ad w emupootne tOhree snhapMltld?? Moetgl a sill hove tie ,h.* to is," tW plerpae of iaapecthld te ordex, ooadtdtitun and repdr of and trnpravere?s eroded thereon. AM Na . Ap'ID 21147004 . _ Pope x ar 4 OO0PG 1659 m u mcm skin rm iNTV Inst.N 200725108 - Pfto 2 d: FROM : CUMBERLAND FAX NO. :7172459661 Apr. 23 2009 11:39AM P5 (4) In die event or ft% m to the dmW mamdomed at (2) AOM Of fds b I - I_,_ the ?n w NM?+I>llpteet?, Mort c ey do ao, dd the cost t mmdto de pdndpal debt hereby. and collect do mm as a part > dd pr7?pa1 debt. (5) MorlrAdor oarasaa>am and apses mot to create. tar mmom to sawoa. upon all or saythe ort of &e lien of this preotMea, agdebt, Des or char8e wldlweald prior to. at as a partly with. In ease ddAub be nob far do ?or?INIMM now dteNoNatheiwib ar as and A other atteM p ?t? p ci?smlt tnd ae oosmill whicbtver is the br& moovmt. M?amd?im ?d e A. raft Me?pnl¦imb@ MR oo aft4ia6atan Goole wkniwm dory pasty levied upon b vmw k y ad slit dmy property that now # or IN Percent OF via r volves ON tdeaaea sd etdsmtem of tlae d be ampted by?• wo lWmemt of Igor duw or the --- iddiliond ddod soft regdth an d ds toW Woomm or all a im b said by tW tlis mw the am toss d wl M Upon dolltoms semead w terminate sad coats void. Ailar Mch aceurramca ? ?d ? shall ?r remmdsdoo costs. me??cMrde a fee to teleultg "Fbul bl! ispsld to a Ihhd? tenrtosm m' M d w lag of the fee is The ao?remaais. ooadttlama sad apresoe 1p cmattb W Is dds Mwbm 60 bigd. and be beffift sbaU ? ?? mmesd byymmm than ome piny. the ?arllwwdap aid 1W>lltlty a offid Aa+Nn AWM 21147004 t Olga 16ro paaa sot w 1AMa MMMV1 44•A4-Iq AAA CUMBERLAND COUNTY Inatg 200725105 - Pap 3 of 5 FAX NO. :7172459661 Apr. 23 2009 11:40AM P6 1. F Whom* the due wwoution hemof tha day and yar fiat above written. f RAN' ouDER RUTH E BOUDER as: on th* the 19tA day of '7tatd: X2007 , before nm o oot+ pmowly W WW I/ RMOY E MQUOM MO RUTH B eiluDEp _ ..? to me to ) wbm s s to w bbl" Moeq- a. and aaknowied?ed the hamw awcuted the stma & the parpom tha+ein oonwnw. In Witness wbareor, T hereunto set my hwA and oll3eid sal. My ootomilmion expires: 42 L A*M pAW Ji HEI M. A-MANdl AaMIf11?RdIIMeINs Manbars PT Federal Credit Union. Mor4nm within named, hereby eertifia that its raideaoa is 5000 Loma Drive, Moahwdabw& PA 170SS. _ By ? 3 t? ??. AM No Appm, 21147004 Paaa 4 of 4 82 M 1' 6 6 '1 111117 la 14 •d1-La AM lM JURFRI ANM M INTY imil 20072$108 - Pax 4 of 5 Cammonwealth of Pemaylvimia County of FROM.:CL LAND FOX NO. :7172459661 Apr. 23 2009 11:40AM P7 L MCHIBIT A All that certain property situated in the Township of Upper Frankford, in the County of Cumberland, Commonwealth of Pennsylvania , and being described as follows: 43040389023A. Being more fully described in a deed dated January 31, 2001 and recorded February 5, 2001, among the land records of the County and State set forth above, in Deed Volume 239 and Page 82. Permanent Parcel Number: 43040389023A RANDY Z. BOUDER AND RUTH 8. BOUDRR., HUSBAND AND WIFE 74 FOX LANN, MPMLLB PA 17241 Loans Reference Number : 211470 First Amrican Order No: 12563669 Identifier: L/FIRST AMERICAN LWIDERS ADVANTAGE R PR rim NBQ 00 L? WYWW woR 0=8=01111Nl1 d y , ,? ??... of 17) (!0 4W2009 11AIA3AM INjURFR1 akin rrxiurv (Rev. 9/2008) Date: March 3, 2009 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 EMERGENCY 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 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agenc 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). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE 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. Exhibit "D" HOMEOWNER'S NAME(S): RANDY E BOUDER RUTH E BOUDER PROPERTY ADDRESS: 74 FOX LANE NEWVILLE, PA 17241 LOAN ACCT. NO.: 274305 - 04 ORIGINAL LENDER: Members 1" Federal Credit Union CURRENT LENDER/SERVICER: Members 1" 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 (plus three (3) days for mailing). 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 THIRTY-THREE (33) DAYS OF THE DATE OF THIS NOTICE. 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.) 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. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA and received within thirty (30) days of your face-to-face meeting with the counseling agency YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE". YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. Page 2 of 5 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: 74 FOX LANE NEWVILLE, PA 17241 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: $1935.26 for 11-01-08, $2194.00 for 12-01-08, $2194.00 for 0l -01-09, $2194.00 for 02-01-09 and %2194.00 for 03-01-09. Other charges (explain/itemize): TOTAL AMOUNT PAST DUE: $10,711.26 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 $ 10,711.26 , 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 I" Federal Credit Union, ATTN: Dave Thomas 5000 Louise Drive Mechanicsburt. PA 17055 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.) Page 3 of 5 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. 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 no b 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 paving the total amount then oast 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. Name of Lender: Members V' Federal Credit Union Address: 5000 Louise Drive Mechanicsburg. PA 17055 Phone Number: (717) 795-5133 or (800) 283-2328 Ext. 5133 Fax Number: (717) 795-5207 Contact Person: Dave Thomas E-Mail_Address: thomasd aZmemberslst.org 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 or XX may not (CHECK ONE) 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. Page 4 of 5 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 (Fill in a list of all Counseling Agencies listed in Appendix C. FOR THE COUNTY in which the proper is located, using additional pages necessaryl. Certified Mail # 9171082133393634923030 Page 5 of 5 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 (Fill in a list Qf all Counseling Agencies listed in Aggendix C. FOR THE COUNTY in which the 12=eeM is located, using additional gages kf necessary). Certified Mail # 9171082133393634923047 Page 5 of 5 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 Servicemembers on "active duty" or "active service," or a dependent of such a servicemember may be entitled to certain legal protections and debt relief pursuant to the Servicemembers Civil Relief Act (50 USC App. §§ 501-596) (SCRA). Who May Be Entitled to Legal Protections Under the SCRA? • Active duty members of the Army, Navy, Air Force, Marine Corps, Coast Guard, and active service National Guard; • Active service members of the commissioned corps of the National Oceanic and Atmospheric Administration; • Active service members of the commissioned corps of the Public Health Service; • United States citizens serving with the armed forces of a nation with which the United States is allied in the prosecution of a war or military action; and • Their spouses. What Legal Protections Are Servicemembers Entitled To Under the SCRA? The SCRA states that a debt incurred by a servicemember, or servicemember and spouse jointly, prior to entering military service shall not bear interest at a rate above 6 percent during the period of military service. The SCRA states that in a legal action to enforce a debt against real estate that is filed during, or within 90 days after the servicemember's military service, a court may stop the proceedings for a period of time, or adjust the debt. In addition, the sale, foreclosure, or seizure of real estate shall not be valid if it occurs during, or within 90 days after the servicemember's military service unless the creditor has obtained a court order approving the sale, foreclosure, or seizure of the real estate. The SCRA contains many other protections besides those applicable to home loans. How Does A Servicemember or Dependent Request Relief Under the SCRA? • In order to request relief under the SCRA, a servicemember or spouse, or both, must provide a written request to the lender, together with a copy of servicemember's military orders. The Lender providing this Notice is Members I" Federal Credit Union, ATTN: Arlanda Dintaman, 5000 Louise Drive, Mechanicsburg, Pennsylvania, 17055. The phone number is toll free (800) 283-2328. How Does a SerAcemember or Dependent Obtain Information About the SCRA? The U. S. Department of Defense's information resource is "Military OneSource". Website: http://www.militaryonesource.com The toll free telephone number for Military OneSource are: o From the United States: 1-800-342-9647 o From outside the United States (with applicable access code): 800-3429-6477 o International Collect (through long distance operator): 1-484-530-5908 • Servicemembers and dependents with questions about the SCRA should contact their unit's Judge Advocate, or their installation's Legal Assistance Officer. A military legal assistance office locator for all branches of the Armed Forces is available at http://legalassistance.law.af.m i 1/content/]ocator.php form HUD-92070 (2/2007) HEMAP Consumer Credit Counseling Agencies CUMBERLAND County Report last updated: 10115/2007 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 Ship Request Shipment Request Form f} T ' J 2900000009714 To: From: Ship To 1: RUTH E BOUDER Name: David Thomas Department: Collections Ship To 2: Phone: 717-795-5133 Address: 74 FOX LANE NEWVILLE, PA 17241 Country: US Special Instructions: ......... ._._ ._. _ Requested Date: 3/3/2009 12:14:42 PM Page 1 of 1 To print this form: 1) Click the Print button. (Print two copies, one to attach to your package and one to keep for your records.) 2) Place the form in a waybill pouch or attach it to your shipment so that the barcode portion of the page can be read and scanned. Print Close Form (1 of 1) Exhibit "E" http:Hmlcupb02/dems/(S(5wei5m451ctj ...w..-.v,<?demsid=Z9... 3/3/2009 Ship Request Shipment Request Form IIIMNYIIIIII From: Name: Department: Phone: David Thomas Collections 717-795-5133 To: Ship To 1: RANDY E BOUDER Ship To 2: Address: 8835 POWELLS CHAPEL ROAD MURFREESBORO, TN 37129 Country: US Special Instructions: Requested Date: 3/3/2009 12:12:58 PM Page 1 of 1 To print this form: 1) Click the Print button. (Print two copies, one to attach to your package and one to keep for your records.) 2) Place the form in a waybill pouch or attach it to your shipment so that the barcode portion of the page can be read and scanned. Print Close Form (1 of 1) http://m 1 cupb02/dems/(S(5wei5m451ctjxk550tice045))IShipRequestFinal.aspx?demsid=Z9... 3/3/2009 APR-23-2009 THU 04:40 PM MEMBERS 1ST FCU fir' . FAX NO. 7177955207 P. 02 swuitwoiM0.12 Ynmk & Ca6rm DvWilea Resuks: sOOaQ T" 37129 Delm"ad, lAwch 12, =00,12:36 Pwh M R Derr Momh 06, 2M. 1094 sm. NEMI V"E. PA . Hog" wft Minh 04, 3M6 IjM am? NSWVW, PA 17241 Eleatronit; SM131np lift R1111:4111004 { ?' AIMrM M ??.! Sonfa PAM" cm*m IaeUReaeipt Number: 9171 Qd21 3M 3N4 9230 38 Li •? .. ,.r•.. ?" Associoted @O*r Enw LAbellReaovt Number. TrW* & owfirm by 000 or others by ?• L?"_J Get mmgt wed itOnrlt or updates for your item si to Im Rectum R cw mhdmw) Vo* who signed for your kern by eml• 8s Go?lt 3nwc;es Jobs FMv?r PofiCY Site Map canted us forms Sit Oo ftil uR1 lm-2087 U30S. AN raMW RMaerYa& Na FEAR Act EEO Data FOM Pttlrl E)OUC)CY, 4/23/2009 Page l Of I To "d Use Na"w a pwnie` AooweM A'-'R-23-2009 THU 04:40 PM MEMBERS 1ST FCU F. Cl wounpsum MgmtoMmo "amIrw IowM . TrabL.d! fli4? Track & CWfim seamb Recalls LabWR**o Nutnbtx: $171 OW 3339 3634 9290 41 An*dmod LBbeV00OW: Detailed Resin: WORMSORO, TN 31129 : Ddt ? ' 12:36 PM Eeabonic ShIPOft Wo NaM+ M 4BaCic EJiw LaboVpAm3 W tW?ntber• aD Thole i coarm by w"Wl yoU or ogats by GINN- Get o omit ev?errt t?w or upow for Y" item lera to Rm um Rwwpt (E edm*) Verify who $Wled for your item by ermll- GO cart srvroes gobs PAY PQW TW" of uo NetioMt a ararr.r site wa Cowoo u FOtA CopyfWM 19* 4W Usrs. AN RWft RO"md. No FEAR Act EEO Dater ?G?C.?• •$O?,edcr l FAX NO. 7177955207 Page i of 1 4/23/2M MEMBERS 1ST FEDERAL : IN THE COURT OF COMMON PLEAS CREDIT UNION : CUMBERLAND COUNTY. PENNSYLVANIA PLAINTIFF Vs. NO.. RANDY E. BOUDER and RUTH E. BOUDER DEFENDANTS : CIVIL ACTION-LAW-MORTGAGE :FORECLOSURE VERIFICATION I, Daniel Swnmors, Collections Manager for Members 1a Fodeial Credit Union, being authorized to do so on behalf of Members 1 a Federal Credit Union, hereby verify that the statements made in the foregoing pleading arc true and correct to the best of my infonmauou Imowledge and belief. I understand that false statements are made subject to the penalties of 18 Pa. C.S.A. Section 4404, relating to unsworn falsification to authorities. Members 1* Federal Credit Union By: 1& Daniel Summers, Collections M 6 0 F :I ) n r-,+.7 w? ^y 2C09 L $ IS. 5o Po A TTy P-T* aaqa?9 Sheriffs Office of Cumberland County R Thomas Kline ? rot n,r*r? hdwara L ?icnorpp Sheriff Solicitor Ronny R Anderson Jody S Smith Chief Deputy or€iCE ar " saiFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 05/01/2009 R. Thomas Kline, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant to wit: Randy E. Bouder, 74 Fox Lane, Newville, Cumberland County, Pennsylvania, 17241 but was unable to locate him in his bailiwick he therefore returns the within Complaint as not found as to the defendant, Randy E. Bouder. There are no additional residents at given address, property is vacant. Post Offices advises that defendant's address is 8835 Powells Church Road, Murfreesboro, TN 37129-7952. 05/01/2009 R. Thomas Kline, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant to wit: Ruth E. Bouder, 74 Fox Lane, Newville, Cumberland County Pennsylvania, 17241 but was unable to locate her in his bailiwick he therefore returns the within Complain- as not found as to the defendant, Ruth E. Bouder. There are no additional residents at given address, property is vacant. Post Offices advises that defendant's address is 8835 Powells Church Road, Murfreesboro, TN 37129-7952. SHERIFF COST: $65.22 May 05, 2009 SO ANSWERS R THOMAS KLINE, SHERIFF Docket NO. 2009-2614 Members 1st v Randy & Ruth Aouder 0 M t Karl M. ebohm, Esquire P.O. Box 1 New Cum and, PA 17070-0173 (717)938- ltS 12" FEDERAL UNION LAINTIFF Vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 09-2614 Civil Term RAND E. BOUDER and RUTH . BOUDER CIVIL ACTION -LAW EFENDANTS MORTGAGE FORECLOSURE AFFIDAVIT OF SERVICE OF COMPLAINT Karl M. Ledebohm, Esquire, being duly sworn according to law hereby swear and that on the 1 sT day of May, 2009, I mailed a true and correct copy of the Comp in Mortgage Foreclosure filed in the above captioned matter to the defendant, Randy . Bouder, by certified mail, restricted delivery, postage prepaid. Defendant, Randy . Bouder, received the complaint on May 4, 2009 as evidenced by postal form 3811, hed hereto as Exhibit "A" and made part hereof. Respectfully submitted, Karl M. Ledebohm, Esq. Supreme Court ID #: 59012 P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 S before me, a no public this day of rn 2009: My SSIOn ex nrrrV LD -<M1 -010 o COMMONWEA TH OF PENNSYLVANIA NOTARIAL SEAL DEBRA L. SNGERT, NOTARY PUBLIC SOUTH MIDDLETON TWK, CUMBERLAND COUNTY MY COMMISSION EXPIRES JUNE 26, 2010 i 1 ! 0 Agent X O Addressee 8. R ived ( nted Name) . Date of Delivery D. Is delivery address different from Item 1? 0 Yes If YES, enter delivery address below: 0 No 3. Service Type Mali 0 Express, Mao O Reo tersd 04etum Receipt for Merchandise 0 insured mail 0 C.O.D. 4. Restricted Deliver? (Ex" Fee) Yes 680 0002 4648 1690 Domestic Return Receipt 102595-02-M-1540 UNITED STATES POSTAL SERVICE 04AS-44WILL-JE T14 3.. t • Sender: Please print your name, address, and ZI Karl M. Ledebohm, Esq.. P.O. Box 173 New Cumberland, PA 17070-0173 PS Form 811, February 2004 . - I ¦ Comp) Items 1, 2, and 3. Also complete Item 4 Restricted Delivery Is desired. ¦ Print yo r name and address on the reverse so that a can return the card to you. ¦ Attach Is card to the back of the mailplece, or on front if space permits. 1. Ar t icle A dressed to: Rand E. Bouder 88,35 owells Chapel Road M sboro, TN 37129 I C TE DEL E- R 2. Article umber 7007 2 MWW? ftmsWV1W/aW box • -' 10 Exhibit "A" f1LED CW 2 y19 hiA" 28 P11 22 - 11,} DATE :06/19/2009 TIME : 05:21:53AM ` TRUMAN JONES, JR RUTHERFORD COUNTY SHERIFFS DEPARTMENT 940 NEW SALEM HWY MURFREESBORO, TN. 37129- Affidavit On Service Of Summons Case Number: DaG '' MEMBERS IST FEDERAL CREDIT UNION .VS. BOUDER. RANDY E I HEREBY CERTIFY AND RETUR THAT ON, I SERVED THIS SUMMONS TOGETHER COMPLAINT, HEREIN AS FOLLOWS: GAVE COPY TO RUTH E. BOUDER RACE/ SEX: I/}. TRUMAN L. JONES, JR. SHERIFF I HEREBY AFFIRM THE ABOVE INFORMATION TO BE TRUE AS PRESCRIBED BY OF MY JOB. SWORN TO AND SUBSCRIBED BEFORE SEAL N , June 19, 2009. AT MY COMMISSON EXPIRES: Page I of I DUTIES taE NOW 4 l1?? 940 NEW SALEM HWY * TELEPHONE 615/898-7720 * MURFREESBORO, TE NESSEE 37129 1.103 Report 001,4f idaviO FLED ?i1?13T # DATE : 06/19/2009 TIME : 05:25:07AM, TRUMAN JONES, JR RUTHERFORD COUNTY SHERIFFS DEPARTMENT 940 NEW SALEM HWY MURFREESBORO, TN. 37129- , Affidavit On Service Of Summons Case Number: MEMBERS 1ST FEDERAL CREDIT UNION VS. BOUDER. RUTH E I HEREBY CERTIFY AND RETUR THAT ON, I SERVED THIS SUMMONS TOGETHER COMPLAINT, HEREIN AS FOLLOWS: RUTH E. BOUDER ACEPTED SERVICE RACE/ SEX: {/}. TRUMAN L. JONES JR. o SHERIFF / Q1 )<,e? #7 DEPUTY SHE F I HEREBY AFFIRM THE ABOVE INFORMATION TO BE TRUE AS PRESCRIBED BY OF MY JOB. SWORN TO AND SUBSCRIBED BEFORE S N June 19, 2009. AVLARGE MY COMMISSON EXPIRES: '06/0 Page 1 of 1 DUTIES 940 NEW SALEM HWY * TELEPHONE 615/898-7720 * MURFREESBORO, TEN ESSEE 37129 .1.103 Report _CivilAf idavit2 E ordfi! Vl the t Karl M. Ledebohm, Esquire P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 MEMBERS 1sT FEDERAL CREDIT UNION PLAINTIFF Vs. RANDY E. BOUDER RUTH E. BOUDER DEFENDANTS IN THE COURT OF COMN CUMBERLAND COUNTY, PENNSYLVANIA NO dQ- auIt{ l:iviI CIVIL ACTION - LAW MORTGAGE FORECL, NOTICE TO DEFEND AND CLAIM RIGHTS ?'Y3 PLEAS -- I ?.5 T7 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 flie claims set forth in the following pages, you must take action within twenty (20) days alter 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 gainst 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 VC d Ste copy -/o Rv-.m F.ao?d, 6"19'°9 claimed in the Complaint or for any other claims or relief requested by the Plaitiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONC . IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO 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 pl o al partir de la fecha de la demanda y la notification. Usted debe presentar una ap iencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus d fensas o sus objectiones a las demanda.s en contra suya. Se ha avisado que si usted no se defiende, la corte tomara medidas y pu de entrar una orden contra usted sin previo aviso o notification y por cualquier queja o al vio que es pedido en la peticion de demanda. USTED PUEDE PERDER DINERO O TROS DERECHOS IMPORTANTES PARA LISTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMEN E. SI USTED NO TIENE O CONOCES UN ABOGADO, VAYA EN PERSON O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SU PUE E 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 OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U. .C. SECTION 1692 et seq.(1977), DEFENDANT(S) MAY DISPUTE THE VALI ITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADIN , COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDAN (S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT ILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WI LL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDI OR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE HIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE UING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES HAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTIO WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF T HAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COUR FOR A JUDGMENT UNTIL THE EXPIRATION OF THE THIRTY (30) DAYS AFT R YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PR OOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDIT R WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR CEIPT OF THIS COMPLAINT, THE LAW REQUESTS US TO CEASE OUR EFFOR TS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT TIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CON LT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGAT IONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, T IS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFO CE A LIEN ON REAL ESTATE. Karl M. Ledebohm, Esq. P.O. Box 173 New. Cumberland, PA 17070-0173 (717) 938-6929 MEMBERS 1 sT FEDERAL CREDIT UNION PLAINTIFF RANDY E. BOUDER and RUTH E. BOUDER DEFENDANTS IN THE COURT OF COMMO PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.. Vs. : CIVIL ACTION-LAW-MOR :FORECLOSURE COMPLAINT AND NOW, comes Members 1St Federal Credit Union, the Plaintiff in captioned matter, by and through its attorney Karl M. Ledebohm, Esquire, and above the following complaint: 1. Plaintiff, Members 1St Federal Credit Union ("Members 1St'), is a N Federal Credit Union having a principal address of 5000 Louise Mechanicsburg, PA 17055. 2. Defendant, Ruth E. Bouder, is an adult individual having a last kno* address of 8835 Powells Chapel Road, Murfreesboro, TN 37129. 3. Defendant, Randy E. Bouder, is an adult individual having a last address of 8835 Powells Chapel Road, Murfreesboro, TN 37129. Ruth E. Bouder and Randy E. Bouder are referred to herein collectively as "Defendants." 4. On or about June 29, 2007, Defendants borrowed from and agreed tq repay to Members 1St TWO HUNDRED AND EIGHTY THOUSAND AND 0/100 ($280,000.00) dollars (the "Loan"). The Loan is evidenced by a Cl sed-End Note, Disclosure, Loan and Security Agreement dated June 29, 200 (the "Note") executed and delivered to Members 1St by Defendants. A copy of the Note is attached hereto as Exhibit "A" and made part hereof. 5. As security for the Loan, Defendants executed and delivered to Members 1 st a mortgage ("Mortgage") on all that certain real estate and improvements erected thereon situate in Upper Frankford Township, Cumberland ounty, Pennsylvania, known and numbered as 74 Fox Lane, Newville, PA 17241 (the "Property"). At all times relevant hereto, Defendants have been and Conti to be the record and sole owners of the Property. A description of th? Property is attached hereto as Exhibit "B" and made part hereof. 2 6. On or about July 19, 2007, the Mortgage was recorded in the County Recorder of Deeds Office at Mortgage Book 2000, Page 16 8. A true and correct copy of the Mortgage is attached hereto as Exhibit "C" d made part hereof. 7. The Mortgage has never been assigned by Members 1St and is still hold by it as a valid and subsisting obligation of Defendants. 8. Pursuant to the terms and conditions of the Note, Defendants agreed to pay to Members 1St monthly installments of principal and interest in the ar4ount of at least $2,196.57 each, which monthly payments were subsequently adjusted to $2,194.00 each, beginning on August 1, 2007 and continuing on or efore the first of each month thereafter. 9. Defendants are in default of Defendants' obligations under the Note and the Mortgage as a result of Defendants' failure to make the monthly pa menu due to Plaintiff as set forth therein in the amount of $2,194.00 for them nths of November through December, 2008 and January, February and Mach, 2009 as more particularly described in the Act 91 Notice attached hereto *s exhibit "D" and made part hereof. 10. Members 1St gave written notice of its intent to foreclose Pursuant t the Act of January 30, 1974, P.L. 13, No. 6, 41 P.S. section 101, et. SeMc ., an4 in particular section 403 thereof, and of Defendants' rights in accordaice with the Homeowners' Emergency Mortgage Assistance Act, Act of Dec?mber 23, 1983, P.L. 385, No 91, 35 P.S. Section 1680.401(c), et. seg., by left r dated March 3, 2009, addressed to Defendants via certified mail, return receipt 3 requested. A copy of the said notice is attached hereto as Exhibit and made part hereof. 11. US Postal Shipment Request and Track & Confirm forms evidenci g the mailing of said Notices are attached hereto as Exhibit "E" and mad part hereof. 12. Simultaneously, Members 1St forwarded to Defendants the same No tices as set forth in paragraph 10 above addressed to Defendants by United States mail, first class, postage prepaid, bearing the return address of Me bers 1St The Notices forwarded to Defendants in said manner have not been returned to the offices of Members 1St as undeliverable or otherwise. 13. As of April 20, 2009, Defendants are indebted to Members 1St in th amount of TWO HUNDRED NINETY THOUSAND TWO HUNDRED El HTY- NINE AND 45/100 ($290,289.45) dollars itemized as follows: a. Outstanding principal $274,226.0 b. Interest to April 20, 2009 12,405.1 c. Late fees 658.2 d. Attorney's fees 3,000.0 f. Total due to Members 1 st as of 4/20/2009 $290,289.4 The above attorney's fees are estimated through sheriff sale and are accordance with Defendants' agreements as set forth in the underlyi Mortgage and the Note. Defendants will be responsible for actual re legal fees incurred by Members 1St in this matter subject to any limi contained in the Note. 4 14. 15 16. Defendants also agreed under the terms and conditions of the Note th*t in the event of default there under Defendants would pay, in addition to thelamounts set forth in paragraph 13 above, costs incurred by Members 1St as a the institution and prosecution of these legal proceedings. The obligation owed to Members 1St continues to accrue interest at $53.6431 per day, through the date of payment and continues to attorney's fees and costs. As set forth above, Members 1St has made demand upon Defendants the default under the Mortgage and the Note. However, as of the Defendants continue to fail and refuse to cure the default. WHEREFORE, Plaintiff, Members 1St Federal Credit Union, demands against Randy E. Bouder and Ruth E. Bouder, in the amount of TWO HUND NINETY THOUSAND TWO HUNDRED EIGHTY-NINE AND 45/100 ($2 DOLLARS plus interest at the rate of $53.6431 per day, through the date of j entered on this complaint and at the legal rate thereafter until the date of payr additional attorney's fees and costs of suit and for foreclosure and sale of the property. f < Date: Respectfully submitted, i1 Karl M. Ledebohm, Esq. Supreme Court ID # : 5901 P.O. Box 173 New Cumberland, PA 170' (717)938-6929 Attorney for Plaintiff of rate of cure hereof, .45) 173 5 5000 Louise Drive, P.O. Box 40 IV ISt Mechanicsburg, PA 17055 MEMBERS Iii PRINCIPAL AMDUNT CLOSED-END BORRD1WR'S NAME ANDADDRESS RANDY E BOLDER 74 FOX LANE FIXED I I VARIAaLE ANNUAL PERCENTAGE FINANCE CHARGE: Amount Financed: The amount of Total of Payments: The amount RATE: The coal of your credit as a The dollar amount the credit will credit provided to you or on your you will have paid fter you have yearly role. ' cost you. behalf. made all payments as scheduled. 7,14 % a f 247,172.16 • f 280,000.00 e $ 527,172.16 Variable Rate: If your loan has a variable rate as indicated above the Annual Percentage Rate may increase during the term of this transaction if the (index) ch ingot. The credit union will add a margin of to the index value. The rate will change monthly on the twat day of the month. The rate will never be higher than the maximum le allowed by taw, and it will never be less man . Any Interest role increases will result in more payments of the same amount. For Example, If your loan was for $5,000 at 15 for 46 months and the Annual Percentage Rate Increased by 2% after one year, the term of your loan would increase by Iwo months *Pr starred Rate. If checked, the following applies to your ben: Q Automatic Payment Discounted Rate: Because you have agreed to make your required monthly payments through an automatic deduction from your C eking/Savings Account, your ANNUAL PERCENTAGE RATE has aeon discounted by .20%. The ANNUAL PERCENTAGE RATE disclosed above In the ANNUAL PERCENTA E RATE box is the Automatic Payment Discounted Rate. This rate will Increase by .20% if you canoe the automatic payment arrangement or fall to maintain sufficient funds in y ur account to cover the automatic payments. in such a case, the affect of the increase will be to extend the term of your loan. For example, h your Automatic Payment Discou ed Rate is 10% on a 45,000.00 ban for 60 months and you cease me automatic payment arrangement, your rate will increase to 10.20%, resulting In 1 additional Payment. Variable Rata Preferred Loans. If your loan is a variable rate loan and you quality to( a preferred rate, your preferred discount is taken at the time you takeout our loan. Th.. initial preferred ANNUAL PERCENTAGE RATE will (hen vary according to changes In the Intlex lea disclosed above). For example, it a variable role ban's male ANNUAL PERCENTAGE RATE Is 12% at the time you take the loan, your initial preferred ANNUAL PERCENTAGE RATE will be NIA%. Your Initial preferred ANNUAL P RCENTAGE RATE will then very according to the Intlex. as disclosed in the 'Variable Rate' provision above. Fixed Rate Preferred Loans. If =an is a fixed hale ben and you quality lot a preferred rate, your ANNUAL PERCENTAGE RATE will be the preferred ANN AL PERCENTAGE RATE disclosed as Ion as your preferred status remains in eftecl. , Number of Payments Amount of Payments Payment Frequency When Payments Are Due Property Insurance: You may obtain ropeny Your insurance from anyone you want that I acceptable to Payment 239 $2198.67 Monthly -Beginning 0610112007 the credit union. 11 rou get the Insurer r from the dledua credit union you wi pay well lea: 1 $2191.93 Final Due - On 07101/2027 f N/A Security- Collateral securing other loans with the credit union the goods or properly Other will also secure this ban. YW are giving a security interval in ? being purchased. (Describe): X , d h d/ i i your s ares an o epos t n the credit union, and: Late Charge: If a payment Is late by 10 days o more you will Required Deposit Balance: The Annual Percentage Rate does Filing Fees: Non. Illnp Insurance: be charged a late lee of 5% of your scheduled payment. not take into account your required deposit balance, of any. $ NIA $ NI rapaymen :, Ya pay e . you vsl not acre to pay spatially. ell you rx 11=1 do: urrerns My a mrotunds vat wmal'- a oul ranpaYneel , au , any required repay -e" means asbmeis IM sdledul d date antl prepgmas ntl pereltlss 1 in full Ise AMOUNT FINANCED $ 280,000.00 Amount Paid to others on your behalf (Describe) AMOUNT GIVEN TO YOU DIRECTLY $ 4.559.33 Sboo To Minnesota Let $ 17.253.54 To alt OF AME 40.00 To Mineola Lye 4 To AMOUNT PAID ON YOUR ACCOUNT$ 249,684.22 S2,36e.00 To KAYJEAE ERS $ To $ 6,136.91 To HSSCMAVAS $0,00 To Fees PREPAID FINANCE CHARGE $ 0.00 $ To MWdsoluuons $ To AlledSolul' na; OTHER (Describe): 74 FOX LANE NEWVILLE, PA 17241 Tou rleage Snares AMOUNT ACCOUNT NUMBER AMOUNT ACCOUNT NUMBER and/or Deposits of $ $ You agree mat the terms and conditions in the disclosure statement and the loan and security agreements located on page 2 of this document shall apply to ihn I an. II them is more than one borrower, we agree that all the conditions of the loan end security agreements governing this loan shall apply to both jointly and severally. You acknowl go that you have received a copy of the ban and security agreements and disclosure 6lalement. Co-signer: It you are signing as co-signer, you acknowledge receipt of the notice t co-signer co Wined on page 2. RO 'S SI ATURE DATE X (SEAL) ? CO-MAKE ? 'OTHER OWNER ? --CO-SIGNER DATE X (SEAL) ? CO-MAKER ? 'OTHER OWNER ? "CO-SIGNER DATE X (SEAL) 19. CO-MAKER ?'OATHER OWNER "CO-SIGNER E) DATE _, - -eS-. __ti ?, IS AL) ? CO-MAKER ? -OTHER OWNER ? "CO-SIGNER DATE X IS AL) ? CO-MAKER ? 'OTHER OWNER O "CO-SIGNER DATE X (S AL) 'CMZR ovrarA: •nY Pnsr wits 1w . wererlr lrrwl Iwrar e,.r .. • renw .r w...rl ti s. ,,rr. r.<rOM <arr..l.v^. I..r.. TM sMr wwr, unr.a W s a <e•ma.r, i. rot ealq.r.e rv P.Y w rr. er,e.r.tnr v,st auM.n........ka.r.nhYr<.aMx.lr..praveinM is„nry•prwnea."eOaONER:Ue.erWk.a,.cr.r union m.Y.cat km,.d.t.yrm.a hem rl,. pura,.orarw .na.I.un. Mr I,. rare 1M e,,.r..1w oral... as real.. r whisk M er.M it ss,erwr. M.ak.. ey rw. APPLICATION FOR GROUP CREDIT INSURANCE tmustlbe )aMly and?i ? tlup? r?aalepuaa oal? e is lat -co i and not required h ceder to oW9n rJadt and 111811 (wan they mantras. n al Ty urre. i fora) urlOarYaM thin . the l ION ill. Ins ono 6.16c.m, we sy qq na and pueanor - red eligible lot In-vica, rN? p c The Idllowlnp quas aore.1aria2,muslbe.doweredtodifle my (ours} ellplblllty Ior Inawance: VESLDNOT YESpur7pANT 1. (Applicable to his bouancs off-gle Only) Ws you be weer ape 70 on the sdroduled ratan, dale of your Imn7 ? ? ? ? 2. (APAicabne a disability towrope on1N Wit you oe under spa 70 pre the scheduled maturity dole of your loan AND are ya presently working oulada your liana for wages On proof ter JO f10wa er mva per week and Have been ao working fa 30 days v more before this data? ? ? ? In adtlltlon, a your loan sac«as ! 26,000.00 IN following question must also be answered In order to detennln• eligibility, 3. Dung Ile lest two years. Mw you Mon nab" edwsed of or treated Ii derlcar bean attack or Cron wary dress. stroke, drtnoas, Acquired Immune f7ebcency Syr=(AIDS) or ADS Related Complex (ARC)? rr El El 13 ? MY four) :n ers IO One nn W qua.lon era but to lea bee it my (four/ knowledge and belief. 11 my Col{?gkcaM or I answa'Ne' Io question 1 or 2, ws lndereartl that this perms not !k his fa Inurents anti wit na bmated. II my co-sopkrarll or I answer "Yet to question awe understand Ind we are eligible her inwrancs W to an amount not exwedng S 1,00. The emeawe Oee al my (our) Inaaanu w6 ins M date of mill allpI orlon Any Person who krnewlngly and with Intent to defraud any Inwranew company or oMSr pere.n flip n ally cation nor Inwrnce r slateme t of claim containing any materially false mlohnalIon .r conceala for he purifies f misleading, Infurrllallon concominpp styy fact marital thereto c. min a haudul 1 klaurance act, which blank .s a crime and wb/eu& wch person to crimlml and civil gnahlsa. Do not sign INS application K anyap Fil-bl. swces an Elank. This xPPllc.ll.n will na be creed In core eat n ell appllcebte pace. have not been tompleled, the debtor has not signed and dated the application and a the app c 1111 anion has not bent witnessed. CREDIT INSURANCE APPLIED FOR: NOTE: ONLY ONE APPLICANT MAY APPLY FOR DISA 91LI7 COVERAGE, ? Yes X? No Single Credit Life Total Premium ? Yes Q No Joint Credit Life Indicate which applicanite): ? Applicant ? Cts•Appllcant 40.00 You are to"fed oNy la the types of ooveroge for which a chargels Indicated on taw application. A LICANT'S SIGNATURE DATE OF BIRTH DATE WITNESS DATE SECONDARY BENEFICIAR' ? Yes Q No Credit Disabilly Total Premium Indicate whlM appllconlls)'. ? APpli-M 0 C Npplicam 0.00 MHC.98J43a8 37 A 1 WIG97.8700.37 LASER WORD F. 43789 Rev. 1101 Aral Compnies,l c All nghs reserved. Exhibit "A" nnmc LOAN NUMBER ACCOUNT NUMBER DATE DF LD RANDY E BOUDER 211470 27430504 06/291200 AGR NAMETHESE AS BOR EMEENNT S)THE WORDS "CREDIT UNION' MEANS MEMBERS 1ST FEDERAL CREDIT UNION. THE WORDS 'YOU, "YOUR" AND RO. LOAN AGREEMENT SECURITY AGREEMENT Paymentsll'inance Charges: For value received, you promise to pay, at the Credit Union's office, all amounts due. All payments shall be made pursuant to the disclosure statement on page 1 of this document. You understand that the Rnance charge and total of payments shown on page 1 of this document are based on the assumption that all installment payments will be made on the scheduled due dates, and , If you have qualified for preferred rate that you continue to satisfy the conditions of that preferred rate. If you fail to pay any installment by Rte time it is due, you will pay additional interest on the overdue amount. Allocation of Payments and Additional Payments: Payments and credits shall be applied in the following order: any amounts past due; any fees or charges owing, including any insurance premiums; accrued Interest or finance charges; outstanding principal. Payments made in addition to regularly scheduled payments shall be applied in the some order, Preferred Rate: It you quality for a preferred rate as disclosed on page 1 of this document or in a separate preferred role addendum, you understand that you must meet the conditions disclosed to you in order to qualify for the preferred rate, and must continue to meet those conditions In order fo keep your preferred rate. If you fail to meet those conditions, your rate will increase, thereby extending the terms of your loan. You promise to continue making payments and to meet all obligallons under this Agreement even if you no longer receive the preferred rate. Late Charges: If you make a late pa ment, you agree to pay a late charge if one is disclosed on page 1 of this dy(cument. Property Insurance: If you obtain a loan secured by a motor vehicle or other tangible property, you must obtain Insurance which protects the Credit union from financial loss. The amount and coverage of the property insurance must be acceptable to the credit union. Such a policy must provide at least tae, theft, combined additional coverages and collision insurance, It must contain a Loss Payable clause endorsement naming the credit union as lien holder. You may obtain this insurance from any agent of your choice and direct the agent to send the credit union a copy of the policy. Debtor Responsibility: You promise to notify credit union of any change in your name address or employment. You promise not to apply for a loan if you know there Is a reasonable probabll fhat you will be unable to repay rour obligation according to the terms of the Credit extension. You promise o inform credit union of any new Information which relates to your ability to spay your obligation. You promise not to submit false or inaccurate information or willfully conceal information regarding your creditworthiness, credit standing, or credit capacity. Default: You shall be considered in default if any of the following occur: 1) It you break any promise made under this Loan Agreement or under the Secudty Agreement; or (2) If you do not use the money the credit union of this loan And ¦II s With this loan. or In MEAN THOSE by the credit y /merest, you 9c rlbod on Cross-collateretlzatlom: Property plven a pcurlty for this to n or for any other ban Borrower has wl the cretllt union cull securo all mounts Borrower owes the credit union now and In the furore. Howe er, property securing another calif will not ..cure this loan If such D op• Is Borrower's principal residence /unless the pro e raaclislon notlus lie given and any other legal requirements ors s.tFsfr ietl), or are on-purchase money household goods. 2. You will not change the location of, sell or transfer the collateral less you have the credit union's prior written consent 3. You warrant that you have 9o0d title to the collateral, free of en a illy interests except that given to the cretllt union and except for any Interest a non. - maker owner of the collateral who has signed the agreement in I e Indicated place. 4. You will pay all taxes. essessiri and liens against or attache to the property described and further agree to keep the property in good oondili , housed in a suitable shelter. You agree to execute financing statements and ecunly agreement amendrnm a at the credit unon's request and will dal nd the propeny against adverse third party claims 5, You will maintain insurance to cover any vehicle or other propen m which the credit union has a security interest. This insurance will be in a to and an amount sells leclory to the credN union, Vw wilt tupply the credit nion wide proof to receive the proceeds of i Of to pay those proceeds iii on to endorse any check of no apply those proceeds to You lunher authorize the credit union to provide with the necessary Information for verification of You acknoviletl a that insuronce or any extorts union is without enefil to you Individually but is credit union. 6. Should the credit union feel at any time that the diminished in value, or for any reason lest that a .9.. ,o assign to credit union wllhin ten (to) d: the cretllt union feels Is nebesaary to protect the loss, 7. It a default as defined in the Loan Agreement sh the authorav. croon sueh daleuft. to Mona-, a, or realization of the collateral, it any, is impaired; or (4) if you die; or (5) if you file a petition in bankruptcy, Insolvency, or receivership or are put mvolunlanly into such proceedings; or (6) If the collateral, it any, given as socurityy for this account is lost, damagedd er destroyed, or if it is levied against. attached or garnished; or (7) if you do not pay on lime any of your other or future debts to the credit union. If you default, the credit union may, at the credit union's option and without prior notice, declare this loan Immediately due and payable, and you must immediately pay to the credit union at that time the total unpaid balance, as well as the Finance Charge to date, any late charges and costs of collection permitted under law, including reasonable attorney's fees, that the credit union may incur, up to 20% of the unpaid principal and interest. Costs of collection include, but are not limited to, repossession fees, appraisals, environmental site assessments, casualty damage insurance coverage, and attorney's fees for any action taken by an attorney in order to_colleci this loan or preserve or oo)ecuons trial relate in any way to the credit union's collateral or right to figment), collateral dispposllion, non-bankruptcy suits and/or administrative ac Iona, and appeals. The principal balance in default shall bear interest at the contract rate. Statutory Lien: If you are in default, federal law gives the credit union the right to a I the balance of shares and/or dividends in your account(s) at the time ofpdefault to satisfy this loan. Once you are in default, the cre dit union may exercise this right without further notice to you. Dolay in Enforcement: Credit Union may delay enforcing any of the credit union rights under this agreement without losing them. Irregular Payments: The credit union may accept late pa ments or partial payments, even though marked "payment in full, without losing any of the credit union rights under this agreement. Co-makers: If you are signing this agreement as a co-maker, you agree to be equally responsible with the borrower, but the credit union may sue either or both of you. The credit union does not have to notify you that this agreement has not been paid. The credit union may extend the terms of payment and release any security without notifying or releasing you from responsibility on this agreement. Contractual Pledge of Shares: You pledge all your shares and deposits In the credit union, Including future additions, as security for this loan. In caw you default, the credit union may apply these shores and deposits to the paymont of all sums due at the time of default. Including costs or collection and reasonable attorney's lees, that the Credit union may Incur, up to 20% of the unpaid principal and Interest. No lien or right to Impress a lien on shares and deposits shall apply to any of your shares which may be hold In an "Individual R.llremenl Account" or "Keogh Plan." idod as -ad to Center union has lawful a land may any the union at a place of the credit union's choosing. If the credit units waive this default. it will not constitute waiver of any other subst e. The Ciedil urtpn is hereby appointed as your Attomay-in•Fact u acts which the Credit union feels are necessary to protect the c[ security interest which this agreement cronies 9. If there is more than one borrower, lyour obligations under this a joint and several. each being equaify responsible to fulfill the ter agreement. 10. This sewrily agreement not only binds you, but your executors, heirs, end assigns. You are being asked to guarantee this debt. Think carefully before you do. If the borrower doesn't pay the debt. you will have to. Be sure you pay if you have to, and that you want to accept this responsibility. You may have to pay up to the full amount of the debt if the borrower does not pay. You may also have to pay late fees or collection costs, wl amount. The creditor can collect this debt from you without first trying to collect from the borrower. The Creditor can use the same collecllon methods t can be used against the borrower, such as suing you, garnishing your wages, etc. II this debt is ever in default, that fact may become a pan c record. This notice Is not the conlracl that makes you liable for Ie debt. in any and Il e nl are 6100 2199 afford to increase this let you that it credit F. 43769 1102 APPRO Sral— Inc, 724.107e Page 2 of 2 ALL TEAT CERTAIN tract or parcel of land and premises, situate, lying and being the Township of UpPcr Franlford in the County of Cumberland, and Commonwealth of Pennsylvania, more p "cularly bounded and described in accordance with a Subdivision Plan, dated January 2, 1985, by harry V Neidlinger, Registered Professional )Land Surveyor, and recorded April 15, 1985, in Cumberland County Pl Book 47, Page 93, as follows: BEGINNING at a nail in the center of a 12 feet wide gravel right of way line of lands ( aloag said land of Bosler, South 59 degrees 30 minutes West 493,79 feet to an iron pi James Ment=, . North 10 degrees 11 minutes 21 seconds West 1560.52 feet to an iron pi a 12 feet wide gravel right of way and along other property of Annabelle M. Spangler an which the tract herein conveyed formerly was a part of the following 7 courses and distar 51 minutes East 137.82 feet to a nail; 2) South 48 degrees 08 minutes East 96.07 fec degrees 12 minutes East 213.62 feet to a nail; 4) South 18 degrees 55 minutes East 229.` 20 degrees 01 minutes East 309.32 feet to a nail; 6) South 14 degrees 15 minutes East South 19 degrees 55 minutes East 313.60 feet to a nail in the place of BEGINNING. CONTAEWNG 11.280 acres. Being the same premises which Donna L. Way, by her deed dated January 31, recorded in the Cumberland County Recorder of Deeds office at Deed Book 23' 82, granted and conveyed onto Randy E. Bouder and Ruth E. Bouder. Wilmer Bloser; thence thence along lands of thence in the center of Gary Paul Spangler, of m: 1) South 23 degrees to a nail; 3) South 89 feet to a nail; 5) South 98.66 feet to a nail; 7) )0 and Page EXHIBIT "B" FROM :CUMBERLAND FAX NO. :7172459661 Apr. 23 20091 11: 39AM P3 Prepared By: Members 1st FCU 5000 Louise Wve Mechanicsburg, PA 17055 When recotdod Mail to: PMT..AlhtMWAN 77nKIMURANCE LENDERSADVANT4GU I100 SVPBMM AV1;'111UA SUITE 200 CLEVELAND, 0Kr0 44114 ATTN. PT1120 43ogfJ38 9bd3fi FaBEER'T P. ZIE .ER RECORDER OF qEEDD23 CUMBEf1EA0 CO tiTY- W JUL 19 RM W 43 MORTGAGE Made 06/2912007 Between RANDY E SOUDER AND RUTH E BOUDER erer r ca le ortskiir And MFMBERSS 1gT FEDERAL CREDIT UNION (hereinafter called " Wherm, Mortgagor has executed and delivered to Mo?g?cc a certain Mortgage Note (he 'nao called the "Note") of even date herewith, payable to the order of Mortgagee in the principal sum f S 290,000.00 , lawful money of the United States of America, and has provided eni for payment of any additional moneys loaned or advanced tbcreun4sr by Mortgagee, together wit interest thereon at the rate provided to the Note, in the manner and at the times therein act forth, containing certain other terms and conditions, all of which an specifically incorporated herein h reference; Now, Therefore, Mortgagor, in consideration of said debt or principal sum and as security f the payment of the same and interest as aforesaid, together with all other sums payable hereunder or e the terms of the Nate, does grant and convey unto Mortgagee, All that certain property ofthe Mortgagor located in UPPER F . NKFO&D ,l'OWNSHIP Cumber}aq?? ounty, Pennsylvania SEE EXHIBIT A which currently has the address of 74 FOX LANF [Street] Newville Pennsylvania 17241 [City] [Zip Code AcaNo_._____, _ Apptra 21147004 W-20Qf .1 A52 Exhibit "C" Pags 1 OF 4 I nst.# 20072,9108 - Page t of FROM :CUMBERLAND FAX NO. 7172459661 Apr. 23 2009 11:39AM P4 c To[other with the buildings and improvements erected thereon, the appurtenances therc a w belonging and the reversions, remainders. rents, issues and profits thereof. To Have and To Hold the same unto Mongigee, its successors and assigns, forever. Provided However, That If Mortgagor Shall pay to M the aforesaid debt or Principal including additional loans or Rdvanees and all other Sums P806 by IV[ortegeogur to Mortgagee and under the terms of the Note, together b with interest aL and "s p Mortgage and wand the estate other covenars, conditions and ogreemen teMrr set forth, age here granted and conveyed shall become void. This mortgage is executed and delivered subject to the following covenants, conditions and agreements: (1) The Nate secured hereby shall evidence and this M shall cover and be security for: future loans or advances that may be made by Moor?wee to Mortgagor at any time or times haul intended by Mo and Mortgagee to be so evidenced and secured, and such loans and advanc be added to the acipal debt. (2) From time to time until aid debt and interest arc fully paid, M goy: (ate ay and ter All discharge, when and as the same shall becone due and pry?b]e, rents, and all other charges and claims assessed or levied' franc time to time by any lawful authority i pan any part of the mortgaged p?mises and which shag or might have pdorlty in lien or payment to the secured hereby, (b) pay self gt'ound rents mwved from the ed premises and pay and disc all mechanics' liens whitlt maybe fled agaiast said premises and shall or mitt-have priority in en or paymem to the debt secured hereby, ( pay sad diaciwrg+e any documentary s p or other tax, Including interest and penalties therea?nn, i now or hereafter becomiiingpapyanible on the Note ? and "en cchargi?sf the thereon such policies of hazardl?illty and ns ? ase by M??ageee «?a fmm atryime tpre o require upon the bulkhWs and improvements now or bereaftar erected spec iTx M ed with loss payable clauses in favor of ad Mortgagee as their respecsive inter?eats may and (e) promptly submit to Mortpe evi of the due and punctual payment of all the forego chaff provided, however, that ?41 may at its option require that sums suffident to d the frn'egoing charges be paid in in ioents to Mortgagee. (3) M or shall maintain all buildings and to provemera subject to this Mortgage In substantial re r, as det mulned by Mortpa . Mortgagee stall have the right to enter upon mortgaged premian at any ressanable honrTor the purpose of inspecting the order, condition and r of the buildings and improvements erected thereon, Aecl No. AppID 21147004 . - Page ?of 4 892,800K 16 59 ri mancoi akin rill INN Inst.# 200725108 - Page 2 of 5 FROM :CUMBERLAND FAX NO. 7172459661 Apr. 23 2009 11:39AM P5 (4) In the event Mortgagor neglects or refuses to pay the Clwrges mentioned at (2) above. or falls maintain the buildings ann mprovernenis as aforesaid. mayy do so, add the cost thereof to principal debt sec uifil hereby, and collect the same as a part 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, lien of t! Mortgage. (6) in case defatdt be made for the spate of thirty (30) days In the payment of any installment of principal or interest pursuant to the terms of the Note, or in the pmformaace M r of any of it other obligatlons of the Kota or this M ,the and1G gnpetd balance of said sum, additio paid by Mgt to the terms o the Note of this lotrn+ or venter and all other sums Mortgage, together with unpaid interest thereon, afnli at on of Mortgagee and without notice h beta ttc immediately due and payable, and fereckrlam pur l iin?t may beiglnt forthwith this morop and prosecuted to)udg-mmt. o cution and sib for the collection of the $ame,og costs suit and an attorneys commlatdon for collection of five penmt (396) of the total indebtedness $200, whichever is the huger atnottnt. Mor hereby forever waives aid releases all errors in said ptoceadi w. waives stay o exec astimt, tit! of lmpisidon and extension of time of payment, agree 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 hermd* may be exempted by law. (7) Upon payttteat of all sums scoured by this Mottgtuge, this Mor and the estate catvey terinhwe and brxomc void. After such occurrence, Mortgagee -bail d and satisfy this M Mortgagor shall pay a recordation costs. Maort?ee may charge Mad aFW a fee for releasing Mortted, but only if the fee is paid to a third party for services fendere the charging of the pern under Applicable 14w. The covenants, cooditktna and agreements contained in this Mortgage shall bind, and the benefits inure to, the respective Pardee hereto and their respective heirs, etteculta administrators, successors awlgns, and If this Mamie is executed by more then one party, the undertakings and liability of eac shall be joint and several. Am No Applp 21147004 Page 3a 4 W2.0-00.1% 1. 660' ,.,".,lnf%n, 44-.,l-""AhA CUMBERLAND COUNTY Ilnst.#200725108-Page 3of5 FROM :CUMBERLAND FAX NO. 7172459661 Apr. 23 200P 11:40AM P6 Witens the due execution hereof the day and year brat above written. `I?,- --.?t-r i RUTH E SOUDER Commonwealth of Pennsylvania ) ? ) ss: County of ) On this, the Aft_ li day of J" 2007 , before me, ..officer, personally appeared Undersigned Z5 4;RUANUY F SOU DER AND RLITH E SgUDER sstz9 torily proven to me to be person(s) whose npm s) is/are subscribed to the v acknowledged that hetshu executed the same for the purposes therein contained. In Witees: Whereof, I hereunto set my hand and official seal. My commission expires: ? ?gA OF AAan pw* M?jIMIMwkn7b Ind CalifiJ;gtglta Id see of 11Ko Tago l ? 1NU0CfeNon d IlbMrlas Members I- Federal Credit Union, Mortgagee within named, hereby certifies that its is 5000 Louise Drive, Mechanicsburg, PA 17055. _ sy CLkn . e Acct No. AppID Z 1147Q04 iMIAMCIA 11A440%AM rI IMAPPI ANr) (01INTY Pape 4 a and Inall 200725108 • Peae 4 of 5 FROM :CUMBERLAND FAX NO. :7172459661 EXHIBIT A Apr. 23 2009 A1,1 that certain property situated in the Township of L Frankford, in the County of Cumberland, Commonwealth of Pennsylvania , and being described as follows: 43040389 Being more fully described in a deed dated January 31, and recorded February 5, 2001, among the land records c County and State set forth above, in Deed Volume 239 a Page $2. Permanent Parcel Number: 43040389023A RANDY E. BOWER AND RUTH E. BOWER, HOSBAND AND WIFE 74 FOX LANE, NEWVILLE PA 17241 Loan Reference Number 211470 First American Order Na: 12563669 Identifier: L/FIRST AMERICAN LENDERS ADVANTAGE man NOUDOR PA FIRST AMERICAN LENDERS ADVANTAGE MORTGAGE ?IIN?INI?f IfNi?11?lINNINIIIIIM 4/23/2009 11:41:43 AM P`.l JURFRI AMM rni iN7V 11:40AM P7 23A. 001 the y VIA ,f i?r.CC?s L (Rev. 9/2008) Date: _March 1, 2009 ACT 91 NOTICE TAKE ACTION TO SAV YOUR HOME FROM FORECLOSURE when you meet with the Counseling Agency. hearinLy can call (717) 780-1869. This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFEI A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CON" NOTIFICACION OBTENGA UNA TRADUCCION INMEDIATAMENTE L AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARG MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO PO LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PRC PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU H 'A SU DERECHO NIDO DE ESTA kMANDO ESTA 3 AL NUMERO EL PROGRAMA RAM" EL CUAL OTECA. Exhibit "D" HOMEOWNER'S NAME(S): RANDY E BOUDER PROPERTY ADDRESS: LOAN ACCT. NO.: ORIGINAL LENDER: CURRENT LENDER/SERVICER: Mem HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANOE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE HELP YOU MAKE FUTURE MORTGAGE PAYMENT 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 ASSIS ANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGA E 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 (plus three (3) days for mailing . During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling age cies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY-THREE (33) j2AYS OF 'HE DATE OF T111S NOTICE. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU UST 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 redit counseling agency listed at the end of this notice, the lender may NOT take action against you for thirty (30) da s after the date of this meeting. The names addresses and telephone numbers of designated consumer credit counseling agencies for the coun in which the property is located are set forth at the end of this Notice. It is only necessary to sc edule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE, -- Your mortgage is in default for the reasi Notice (see following pages for specific information about the nature of your default.) You ha,, financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, and file a completed Homeowner's Emergency Assistance Program Application with one of th credit counseling agencies listed at the end of this Notice. Only consumer credit counseling age for the program and they will assist you in submitting a complete application to the Pennsyl, Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST and received within thirty (30) days of your face-to-face meeting with the counseling agency YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND I WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARI STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN T "TEMPORARY STAY OF FORECLOSURE". ns set forth later in this the right to apply for you must fill out, sign - designated consumer icies have applications ania Housing Finance >e forwarded to PHFA ? MEETING WITH A LE AN APPLICATION Y PREVENTED FROM E SECTION CALLED APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FO CL( STOPPED. RUTH E BOUDER NEWVILLE, PA 37,41 DS. A LATE BUT IF YOUR SURE WILL BE Page 2 of 5 AGENCY ACTION -- Available funds for emergency mortgage assistance are very limited. T ey will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finan days to make a decision after it receives your application. During that time, no foreclosure pro against you if you have met the time requirements set forth above. You will be notified dire Housing Finance Agency of its decision on your application. e Agency has sixty (60) ceedings will be pursued tly by the Pennsylvania NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BA FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. NKRUPTCY, THE HOULD NOT BE (If you have filed bankruptcy you can still apply for Emergency Mortgage Assist nce.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring i u to date) . NATURE OF THE DEFAULT --The MORTGAGE debt held by the above lender on your prope , rty located at: 74 FOX LANE NEWVILLE, PA 17241 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following mo amounts are now past due: $1935.26 for 11-01-08, $2194.00 for 12-01-08, $2194.00 for 01-0 and $2194-00 fQr 03-01-09, nths and the following -09, $2194.00 for 02-01-( Other charges (explain/itemize): TOTAL AMOUNT PAST DUE: s10,711.26 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable : IOW TO CURE. THE DEFAULT --You may cure the default within THIRTY (30) DAYS BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ 1 the date of this notice 711.26 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DU DAY PERIOD. Payments must be made either b cash cashier's check certified check or money ING THE THIRTY (30) order made payable and sent to: Members 1" Federal Credit Union, ATTN: Dave Thomas 5000 Louise Drive Mechanicsburg, PA 17055 You can cure any other default by taking the following action within THIRTY (30) DAYS of the not use if not applicable.) date of this letter: (Do Page 3 of 5 IF YOU DO NOT CURE THE DEFAULT--If you do not cure the default within THIRTY (M) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. T is means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chap e to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRT (30) DAYS, the lender also intends to instruct its attorneys to start legal action to IF THE MORTGAGE IS FORECLOSED UPON -- The mortgaged property will be sold by he Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency befo e the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that wer actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonab e attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the am unt you owe the lender, which may also include other reasonable costs. If you gure the default within the THI DAY lieriod. Xou 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. f RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -- If you have not cure the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and wi anv other costs connected with the Sheriffs Sale as specified in writine by the lender and bu performing anv other requirements under the mortgage. Curing your default in the manner set forth in this n?tice 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 require payment or action will be by contacting the lender. Name of L ender: M embers V Fe deral Cr edit Union Addre ss: 50 00 Louise Dr ive M echanicsbur g, PA 1 7055 Phone Fax N Nu um mber: (7 ber: „7 17) 795-5133 o 17) 795-5207 r (800) 2 83-2328 Ext. 5133 Conta ct P erson: D ave Thomas E-Mai l Ad dress: th omasd aZmem berslst. org EFFECT OF SHERIFF'S SALE -- You should realize that a Sheriffs Sale will end your owns property and your right to occupy it. If you continue to live in the property after the Sheriffs S; you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE -- You may or XX may not (CHECK ONE) sell or buyer or transferee who will assume the mortgage debt, provided that all the outstanding payment< fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are sa hip of the mortgaged , a lawsuit to remove ransfer your home to a charges and attorney's sfied. Page 4 of 5 YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DI BT 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 BEH LF. • 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 C RE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PR CEEDING 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. located, using additional pages if necessary). Certified Mail # 9171082133393634923030 Page 5 of 5 YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DE MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHA • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAU. IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO Ct MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PRI OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUC LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. located, using additional pages i necessary). Certified Mail # 9171082133393634923047 BT OR TO BORROW T HAD OCCURRED, RE YOUR DEFAULT EEDING OR ANY ACTION BY THE Page 5 of 5 Servicemembers Civil U.S. Department of Housing MB Approval o. 2502-0565 Relief Act and Urban Development ( xp 4/30/2007) Notice Disclosure Office of Housing Servicemembers on "active duty" or "active service," or a dependent of such servicemember may be entitled to certain legal protections and debt relief pursuant to Servicemembers Civil Relief Act (50 USC App. §§ 501-596) (SCRA). Who May Be Entitled to Legal Protections Under the S .RA? • Active duty members of the Army, Navy, Air Force, Marine Corps, Coast Gu rd, and active service National Guard; • Active service members of the commissioned corps of the National Oceanic aid 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 nd spouse jointly, prior to entering military service shall not bear interest at a rate above 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 m y 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 to ns. How Does A Servicem ember or Dependent Rea»est Relief Under the SCRA 9 • 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' military orders. The Lender providing this Notice is Members I" Federal Credit Union, ATTN: Arlanda Dintaman, 5000 Louise Drive, Mechanicsburg, Pennsylvania, 17055. he phone number is toll free (800) 283-2328. How Does a Servicememb .r or Dependent Obtain Information About the SCRA? The U. S. Department of Defense's information resource is "Military OneSourc ". Website: http://www.miiitaryonesource.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): 800-3129-6477 o International Collect (through long distance operator): 1-484-530-59q8 • Servicemembers and dependents with questions about the SCRA should contact heir unit's Judge Advocate, or their installation's Legal Assistance Officer. A milita legal assistance office locator for all branches of the Armed Forces is available at http://legalassistance law of mil/content/locator php form UD-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 886.511.2227 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 Ship Request Shipment Request Form From: Name: David Thomas Department: Collections Phone: 717-795-5133 Page 1 of 1 To: Ship To 1: RUTH E BOUDER Ship To 2: Address: 74 FOX LANE NEWVILLE, PA 17241 Country US Special Instructions: Requested Date: 3/3/2009 12:14:42 PM To print this form: 1) Click the Print button. (Print two copies, one to attach to your package and one to keep for your record ) 2) Place the form in a waybill pouch or attach it to your shipment so that the barcode portion of the page c in be read and scanned. Print Close Form (1 of 1) Exhibit "E" httn://m 1 cunb02/dems/(S(5wei5m451cti ----..-,,-x?dems?d=Z9... 3/3/2009 Ship Request Shipment Request Form IIIIW?I?II?M?1 To: From: Ship To 1: RANDY E BOUDER Name: David Thomas Department: Collections Ship To 2: Phone: 717-795-5133 Address: 8835 POWELLS CHAPEL MURFREESBORO, TN 37129 Country: US Special Instructions: Page 1 of 1 Requested Date: 3/3/2009 12:12:58 PM To print this form: 1) Click the Print button. (Print two copies, one to attach to your package and one to keep for your records.) 2) Place the form in a waybill pouch or attach it to your shipment so that the barcode portion of the page ca be read and scanned. Print Close Form (1 of 1) httn•//m 1 cunh0?/dem,,/(R(5wei5m451ctixk550tice045)1/Shi-oReauestFinal.aspx?demsi? =Z9... 3/3/2009 APR-23-2009 THU 04:40 PM MEMBERS IST FCU FAX NO. 7177955207 P. 02 HWIN 1 NOV 13100.18 Trick.&onfm FRgr Track & Confirm Search Reauhs LabeUReceipt Number. 9171 0821 3339 3634 9230 30 -- Associated Lab iNfleceipt: Traek & QNOM Detailed Resub: Enter UbeVRec*pt Number. • Delivered, March 12,209, 12:36 pm, MURFREESBORO, TN 37129 • Forwarded, March 05, x009,10:04 am, NEWVILLE, PA • Notice Left, March 04, 2009, 11:49 am, NEWVILt.E, PA 17241 • Electronic Shipping Into Received, March 03, 2009 6Back lirarrrita t/S?Scaor ?la?r r Na1?et:aibian Options Track & Confirm by email Get curnent event information or updates for your item sent to you or others by email. Gis Return Receipt (Electronic) Verify who signed for your item by email. 40'r-D Site Map contact us Forms Govt Services Jobs Ffvacy Poky CopyregW 1998,2007 LISPS- AR Rights Reserved. No FEAR Act EEO Data FOIA OA-J Terms or use National & Premier tx 4/23/2009 Page 1 of I APR-23-2009 THU 04:40 PM MEMBERS 1ST FCU POSM SE WM FAX NO, 7177955207 P, 01 "=a I New I ill[" Track & Confirm Search Rel hs L,absi/Receipt Number: 9171 0821 3339 3634 9230 47 ?- Associated LabeAewipt: Tuck & Coafum Detailed Results: Enter LabeUReaeiipt Number • Delivered, March 06, 2008,12:36 pm, MURFREESBORO, TN 37128 • Electronic Shipping Info Received, March 03, 2009 &W*ch 91IS +ea. Hw?N s Main ca opt" Track b Confirm by email Get current event information or updates for your item sent to you or tethers by email. Ratum Receipt (Electronic) Verify who signed far your item by email. Sas Site Map contact Us Farms Govt Services Job% pwacy P4fcY Copyrt9ht01999-2007 LISPS. All Rights Resewed. No FEAR Act EEO Data FOIA 1_AQZ 6 TGrme lK Use National 8 Drem?er 44/23/2009 Page 1 of 1 iy • C MEMBERS 1ST FEDERAL : IN THE COURT OF COMMON CREDIT UNION : CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF Vs. NO.. RAND'Y' E. EOUDER and RUTH E. BOUDER DEFENDANTS : CIVIL ACTION-LAW-MORTOA :FORECLOSURE VERIFICATION . I, Daniel Summers, Collections Manager for Members 0 Federal Credit Uni n, being authorized to do so on behalf of Members 1" Federal Credit Union, hereby ve that the statements made in the foregoing pleading are true and correct to the best of y information knowledge and belief. I understand that false statements are made subj to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. Members I `Federal Credit Daniel Summers, Collections Manager 6 r,r a_,r- € !Y ? C LU ?' tV L J i t` j w i ~ e Karl M. Ledebohm, Esquire P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 MEMBERS 1 °' FEDERAL CREDIT UNION PLAINTIFF Vs. RANDY E. BOUDER RUTH E. BOUDER DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 09-2614 Civil Term CIVIL ACTION-LAW MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE I, Karl M. Ledebohm, attorney for Plaintiff, caused the attached Notice of Sheriff Sale of Real Estate to be served upon Randy E. Bouder and Ruth E. Bouder, the Defendants in the above captioned matter, on September 17, 2009 by the Rutherford County Sheriff's Department as set forth in the Affidavits on Service of Summons attached hereto as Exhibit "A" and made part hereof. Date: September 24, 2009 1 M' Ledebohm, Esq. ttorney for Plaintiff Supreme Court ID #: 59012 P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 ~~~ ~o~ ~~~~~' 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. RANDY E. BOUDER RUTH E. BOUDER DEFENDANTS NO. 09-2b 14 Civil Term CIVIL ACTION-LAW MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE To: Randy E. Bouder 8835 Powells Chapel Road Murfreesboro, TN 37129 Ruth E. Bouder $835 Powells Chapel Road Murfreesboro, TN 37129 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 74 Fox Lane, Newville, PA 17241, 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 9, 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 $295,224.61 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 THI5 SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: ;. The Sheriff Sale will be cancelled if yon: 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 (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. Ledebohin, Esquire Supreme Court ID #59012 P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 Attorney for Plaintiff ALL THAT CERTAIN tract or pazcel of land and premises, situate, lying and being in the Township of Upper Frankford, Cumberland County, Commonwealth of Pennsylvania, more particularly bounded and described in accordance with a subdivision plan dated January 2, 1985 by Larry V. Neidlinger, Registered Professional Land Surveyor, and recorded April 15, 1985 in Cumberland County Plan Book 47, page 93, as follows: BEGINNING at a nail in the center of a 12 feet wide gravel right of way line of lands of Wilmer Bloser; thence along said land of Bosler, South 59 degrees 30 minutes West 493.79 feet to an iron pin; thence along lands of James Mentzer, North 10 degrees 11 minutes 21 seconds West 1560.52 feet to an iron pin; thence in the center of a 12 feet wide gravel right of way and along other property of Annabelle M. Spangler and Gary Paul Spangler, of which the tract herein conveyed formerly was a part of the following 7 courses and distances: 1) South 23 degrees S 1 minutes East 137.82 feet to a nail; 2) South 48 degrees 08 minutes East 96.07 feet to a nail; 3} South 89 degrees i2 minutes East 213.62 feet to a nail; 4) South 18 degrees 55 minutes East 229.57 feet to a nail; 5) South 20 degrees O1 minutes East 309.32 feet to a nail; 6} South 14 degrees 15 minutes East 298.66 feet to a nail; 7) South 19 degrees 55 minutes East 313.60 feet to a nail in the place of BEGINNING. CONTAINING 11.280 acres, more or less. HAVING thereon erected a residence known and numbered as 74 Fox Lane, Newville, PA 17241. BEING the same premises which Donna L. Way, widow, by her deed dated January 31, 2000 and recorded in Cumberland County Deed Book 239, page 82, granted and conveyed unto Randy E. Bouder and Ruth E. Bouder, husband and wife, the mortgagors herein. ~~ Exhibit "A" )ATE : 09/ 18/2009 'IME : 07:39:28AM TRUMAN JONES, JR RUTHERFORD COUNTY SHERIFFS DEPARTMENT 940 NEW SALEM HWY MURFREESBORO, TN. 37129- Affidavit On Service Of Summons Case Number: U9-2G14 MEMBERS 1ST FEDERAL CREDIT UNION .VS. BOUDER, RANDY R I HEREBY CERTIFY AND RETUR THAT ON , I SERVED THIS SUMMONS TOGETHER WITH COMPLAINT, HEREIN AS FOLLOWS: BOUDER, RANDY ~~ ~ I '~ RACE /SEX: {/}. TRUMAN L. JONES, JR. SHERIFF NOT. I HEREBY AFFIRM THE ABOVE INFORMATION TO BE TRUE AS PRESCRIBED BY THE DUTIES OF MY JOB. SWORN TO AND SUBSCRIBED BEFORE ME, THIS Friday, September 18, 2009. SEAL . ...,, , ,';~ ~ ~, ' . ' r `~~ ,~ tm~ ~ ' ,.,y~~- ~ Y ` ~ ~ ~ ® c ; ~ i;;R c ru~~.ic .<<~ ~~~~1l11ti1t{1t~~~`~i } ~a~~. S~/7~ d5 Al /D ~ ~~-~.~~~ ~~. RGE MY COMMISSON EXPIItES: Page 1 of 1 940 NEW SALEM HWY * TELEPHONE 615/898-7720 * MiJRFREESBORO, TENNESSEE 37129 Exhibit "A" "'H0' Repor•(._C~ivil: j(f idavlt? SATE :09/18/2009 IME : 07:38:48AM TRUMAN JONES, JR RUTHERFORD COUNTY SHERIFFS DEPARTMENT 940 NEW SALEM HWY MURFREESBORO, TN. 37129- Affidavit On Service Of Summons Case Number: 09 2614` .a MEMBERS 1ST FEDERAL CREDIT VS BOUDER, RUTH E I HEREBY CERTIFY AND RETUR THAT ON , I SERVED THIS SUMMONS TOGETHER WITH COMPLAINT, HEREIN AS FOLLOWS: BOUDER, RUTH ~~,~, ~~~~ ~~ ~ ~ ~~ RACE /SEX: {/}. ~~'"~` cJ TRUMAN L. JONES, JR. I v ~` J`r ~ ~ ~ 6 U(~~ SHERIFF ~~ ~~ ~~ EP HERIFF Page 1 of 1 I HEREBY AFFIItM THE ABOVE INFORMATION TO BE TRUE AS PRESCRIBED BY THE DUTIES OF MY JOB. SWORN TO AND SUBSCRIBED BEFORE ME, THIS Friday, September 18, 2009. SEAL NOTARY PUBLIC AT LARGE MY COMMISSON EXPIItES: 940 NEW SALEM HWY * TELEPHONE 615/898-7720 * MURFREESBORO, TENNESSEE 37129 h~r~o2 Report__Civil~ Jfrdiavit2 ~:= ?'r'i ~?;"CRY .;, , r~ , V l,i ~.~ ,.. _ .. ~