HomeMy WebLinkAbout09-3080Karl M. Ledebohm, Esquire
P.O. Box 173
New Cumberland, PA 17070-0173
(717)938-6929
MEMBERS 1ST FEDERAL
CREDIT UNION
PLAINTIFF
Vs.
ELAINE V. EMLET and
DALE J. EMLET
DEFENDANTS
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO.: 09- 3080 aiyiLTern
: CIVIL ACTION - EQUITY
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 ,,a Lion within twenty (20) days after this
Complaint and Notice are served by entering a written appearance personally or by
attorney and filing in writing your defenses or objections to the claims set forth against
you. You are warned that if you fail to do so, the case may proceed without you and a
judgment may be entered against you by the Court without further notice for any money
claimed in the Complaint or for any other claims or relief requested by the Plaintiff. You
may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF
YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU
CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(717)249-3166 OR (800)990-9108
NOTICIA
Le han demandado a usted en la corte. Si usted guiere defenderse de estas
demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al
partir de la fecha de la 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
Karl M. Ledebohm, Esq.
P.O. Box 173
New Cumberland, PA 17070-0173
(717)938-6929
MEMBERS 1 sT FEDERAL IN THE COURT OF COMMON PLEAS
CREDIT UNION CUMBERLAND COUNTY,
PENNSYLVANIA
PLAINTIFF
Vs. NO.: Q 3 d e- w,
ELAINE V. EMLET and
DALE J. EMLET
DEFENDANTS. : CIVIL ACTION-EQUITY
COMPLAINT
AND NOW, comes Members 1St Federal Credit Union, the Plaintiff in the above
captioned matter, by and through its attorney Karl M. Ledebohm, Esquire, and makes the
following complaint:
1
Plaintiff, Members 1 St Federal Credit Union ("Members 1 Sr), is a National
Federal Credit Union having a principal address of 5000 Louise Drive,
Mechanicsburg, PA 17055.
2. Elaine V. Emlet and Dale J. Emlet (collectively referred to herein as
"Defendants"), are adult individuals having a last known address of 315 North
Mountain Road, Newville, PA 17241.
3. Defendants are currently, and have been at all times relevant hereto, the
owners of that certain real estate and improvements erected thereon situate in
Upper Frankford Township, Cumberland County, Pennsylvania, known and
numbered as 315 North Mountain Road, Newville, PA 17241 (the
"Property"), as more particularly set forth and described in the deed (the
"Deed") dated January 17, 2007 and recorded in the Cumberland County
Recorder of Deeds Office at Deed Book 278, Page 2251. A copy of the Deed
is attached hereto as Exhibit "A" and made part hereof.
4. On or about May 18, 2007, Defendants executed and delivered to Members 1St
a mortgage (the "Mortgage") on the Property in the original principal amount
of NINETEEN THOUSAND ONE HUNDRED FIFTY-SEVEN AND 501100
($19,157.50).
5. On or about June 14, 2007, the Mortgage was recorded in the Cumberland
County Recorder of Deeds Office at Mortgage Book 1995, Page 4755. A true
and correct copy of the Mortgage is attached hereto as Exhibit "B" and made
part hereof.
2
6. The Mortgage secures to Members 1St Defendant's obligations under that
certain Closed-End Note, Disclosure, Loan and Security Agreement dated
May 18, 2007 in the original principal amount of $19,157.50 (the "Note")
executed and delivered to Members 1St by Defendants. A copy of the Note is
attached hereto as Exhibit "C" and made part hereof.
7. On or about August 8, 2007, Members 1St mistakenly caused a Satisfaction
Piece (the "Satisfaction Piece") satisfying the Mortgage to be recorded in the
Cumberland County Recorder of Deeds Office at Instrument Number
200731123. A copy of the Satisfaction Piece is attached hereto as Exhibit "D"
and made part hereof by reference.
8. The Satisfaction Piece was executed and recorded by Members 1 st by mistake.
9. As of the date hereof, an outstanding balance of principal in the amount of
approximately $15,365.58 together with accrued interest and other charges
continues to remain due and owing to Members 1St by Defendants in
connection with the obligation evidenced by the Mortgage.
10. All parties having an interest in the Property which may be adversely effected
by the reinstatement of the Mortgage have been joined herein as defendants as
reflected in the lien search attached and incorporated herein as Exhibit "E."
11. Under Pennsylvania Law, a release or satisfaction of a mortgage by mistake
may be set aside and the mortgage reinstated so long as rights of third parties
are not involved.
12. As set forth in the lien search attached hereto as Exhibit "E" and made part
hereof, no rights of third parties are involved in this matter.
13. The only mortgage of record against the Property as set forth on Exhibit "D"
is the mortgage in favor of Mortgage Electronic Registration System, Inc., as
nominee for Wilmington Finance, a division of AIG dated December 6, 2005
and recorded December 21, 2005 at Cumberland County Mortgage Book
1935, page 551 (the "MERS Mortgage").
14. The MERS Mortgage will not be adversely effected by the reinstatement of
the Mortgage in favor of Members I' and will continue to enjoy priority over
the Mortgage in favor of Members 1't after reinstatement of same.
15. In the event the Mortgage is not reinstated, Members 0 will suffer irreparable
harm in that its security interest in the Property will be impaired.
16. In the event the Mortgage is not reinstated, Defendants will be unjustly
enriched.
WHEREFORE, Plaintiff, Members 1 st Federal Credit Union, respectfully
requests this Court to enter an Order of Court:
1. Directing that the Satisfaction Piece be set aside;
2. Reinstating the Mortgage and Note in favor of Members 1 st Federal Credit
Union as if the Satisfaction Piece had never been entered of record;
3. Directing the Recorder of Deeds for Cumberland County to cancel the
Satisfaction Piece; and,
4. Granting such other relief as this honorable Court deems appropriate.
4
Respectfully submitted,
Ledebohm, Esq.
- Court ID # : 59012
P.O. Box 173
New Cumberland, PA 17070-0173
(717)938-6929
Attorney for Plaintiff
MR'S-00-2009(FRI) 12:14
Shughart Law Office
(FRX)7172474021 F.002/000
". FIIt
s camc. ? .S IN 18 Pn I2 32
daMADS TM yof mumy in the ym of oar Lord two tbumaod and sem (2007).
srrwEEN ra8oi c ? Wd jumm a c,?slvSa? wife and husband, of
313 North Mountain Road, Newville, PA 17241, ba inafta vc6 -1 to w
Crrantars
V-7icl
LLAM V. MfCET, side wmaa of 315 North Monatmia Road, NMVM% PA
17741 mrd DALE A MOW, si*e man, of 315 North Moudmin Road,
Nawvihle, PA 17241, hacioafter re6a ' ' I to as Oraatees
wn?xsShh:IN, that fats and in ao an of the ram of ONE DOM" (n ft, in
hand p" *c roa3pt w a oaf is h=*y a 6 -wladpd, the said Caaatrs do haeby Soft and
convoy, In se simple to *a said , flair hrahs and @Wpm, as thw vane t: may appear
AM that aaI in mo of land sidata in Uppa• Praatf+d Towzu ft Cambedaed County,
Pmasylvania, bom" and deso" in avootdaooe % ft Final MbIvielm Pbm fw fthm w 7.
and h01a M. Batumi I q imod by F.ageee Albert Hocksomnith Rolbfted Pmfimimd
Lad Swrvelroty dated Juaa 6, 19919 and rovind on lwh 30, 1992 a copy of vhich was
rmouW as Odebw 14,1992, iu the hushmAw named Peomdw% Dffim in Plan Boole 65, Page
26, which Plan is i wocpordedl by as fol]owc-
BOAC at a raHroad spBm sat in Ste odSWd oeurlim of 33 foot wide Tovjmkp
Road T-AW kroMm as North Mouain Road at corner of Lot No. 1, dmm from said =ihusd
spiloc at the Plana of Bq*ft ahoag said odgind cue of 33 feet wick North 11 IF , a A, ,
Road, tla *4vwiag taro (2) acrd distmeaa (1) Nod h 48 ism o47 mlaates 13 seem&
Pest a disMm of 39.11 Seri tID a railroad spr'lar, and (2) North 47 dopm 17 ndusto 47 w=Ws
Emu a distmom of 11.05 feat do a raiit?oa 14*0 at corner of lmd now or formerly of John $artras
cad wife which is Lot No. 2 an Plan recorded in Plan Book 32, Pala 31; t>senoe along line of said
laud mw or fvnaaly ofJoW Dow" and wife the f0soo1 iog two (2) -oasis and distances: (1)
South 46 Aegoeae 03 miarntea 11 seconds Bart a dh aaoe of 3$6,26 feet to an m &dm iron pia:
and (2) Nash 44 dogma 07 mimstea 181- m ude East a distance of 129.85 Beet to an eaisft iron
pia at c omw common to odd land now or f mealy of John Ba m" and wife and bad now or
A medy of?&dm i D. Haaam and wife sad Lot No. 1; tlrraoe along lice of Said Lot No. I the
folkmft two (2) emnms and dim (1) South 45 4egt+ees 52 minuft 42 seconds FAA a
di unce of43.00 feet to a podgy and (2) South 67 degrees 14 miaatcs 19 seconds F,aet a ftWo"
of 186.11 feat to a point at coma comon to nM Lot No. i and Lot No. 12 and tat No. 13;
theaee along tba dhvidiog line bdwam amid Lots Nos. 13 and 13, Soo& 43 &W m 56 mirrotea 49
aeo m& 1M a disc= of 247 feet to 'a paid in lire of Lot No. 1 which is on a But peralld to
and 50 fed nart>zemv 1melly limn &a undwaswm lime of Lot No. 2; do= along the dividing
ws,o,,m a wsor+mw.'rms. Asa.
BOOR 278 MM221U
PIWPOODU006 PA 17a7.1897
Exhibit "A"
MAY-08-2009(FRI) 12:14 Shughart Law Office (FAX)7172414021 P.003/008
II .
line betwew tats Noss. 1 and 12 by a line parallel to ad 50 feat from the
110161009 line of Lot No. 2, Noah 46 dage+oen 03 minis 11 acaonds Walt a dbWw of 607.13
fact to a monad sp&C act in to original omfndlne of 33 fact wide Town &* Raw T- W ]coown
ea North Moemcdn Road at the ]'lace of B?3IId?1G.
TAE ABOVE D1141"'1 Tb TRACT of land is W of Lot No. 12 as dwm on said
IrbW Soh Plan neooRla I in Plan Book 65, Pam 26, and oontains an am of 1.4491 aorta„
eocchaive of the dedooted A& of way of TomWWp Road T-423 known as North lV vmcsua
Road.
THE 50 fact wide private rlgltt-ofmay dedpatod "Vichy Drive" *own an said
Subdivision Plan recoeded in Plan Hook 65, Pqp 26, mom ndiag Am Townd3ip Road T-423
known as Not& Mountain Rood beta an Lob Nos. 1 and 2 on floe &a Aircot and Lots No& 12
=413 on the , 11-cm , which ptiv -cf-way extends a distenoc of 1029 feet, molt, - or leis,
to the esswunnost tip of Lot No.13, is for the emba ve use only ofthe own= and c a mpI , s of
Lots Noa.1 and 13 as strewn on acid Plan, and ter raspoctive baits and ate. Tba eqmm of
m ng acid 50 feat vide: pdvate desef-sway shown as Victory Drive stiall be boena one-
bolf (ill) by to owava of odd Lot WI and &a other omv4W (I/2) by tt o owners of said Lot
No. 13, and dnir rapecdve baits and assigns. It is uedaecood that Lot No.1 may be spbdividad
at various times and that suh time sock subdivision occurs dw division of cq mso for
m ng add 50 £ed .ride private dg6of-way shwa as Victory D &e stball be egtmlly
divided amo% the nmabcr of Im wbose owners bra do dgk bsf use said prtvab 4ght-0f-way.
The ownexst of array lot hsving rho dgbt to use said privea -o&way shown as Victory Drive
sba11 at eery tame have the right to dediedo Victory Drivo as a publle township road.
THR ABOVR•dmug d Lot No. 12 is oaaveyW mrda and snbjeak noverthWleas, to the
faDown g building and user to wWons which shall be bindlrst npoa to abo N040CCbed Lot No.
12 only and Awl not be deemed biV on aches land of Syl ftw Z. Sam and vift, wig
which bull tH and we reefs cd ms? the whim Grantee, bas hedrs and assigns, by to acne rnca
oftbis deed, agraa to cacrply.
1. This lot of land sha11 be used for r ial purposes only. No brininess,
comenadel, or indnarisl uses ahaftever shalt be pam fitted on Sis lot accept as who may
w how occupation past to zoning regulations of Uppe r Fran *rd Towwihip.
2 Only are: sit & fianiily re dt1cme and acae any bvildinp may be erected on this
lot ofland.
3. No mobile bome or ficort4mat aroetoce of a style or type of oongwwdon of a
mobile bme or similar dnrobre shall be oonaornotod, plaacd or m aid on dfa he of lard at
any time for any pnrpoae tea.
4. No wr odcod vchide and ao salvaging or dulling of any vewde sad no
mrliccan d vddde dmU be permitted on this tot of Ind at any barn unitas dm sonic is done or
stored inside a building.
w •278 PxE2252
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MPY-08-2009(FRI) 12:15 Shughart Law Office
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(FRX)71724'4021
P. 004/008
5. AD plan and specific¦tions for any puaposed bm'Wkg or addition to any a7 g
bWWIA& wrbkb is to be emeded ou the abova,dasoflood lot aflend ahaU be mftd ted to SylAdw
Z. Doan or hies nomhm for approval as the k aadon an the lot and for appt+ovai as to size; at.-Ac
or type m andtheetoro and nftdob to be used. No com kodon AW bogies until appwAd bas
bee givem, which approval "mt be umewomble wft%W aced wM be bared in put an the
co
bufldko in &a oak sm=W ulamfity of sny proposed ba ng or sdditlon with the size and style and 4" of admh g
in obuadw of the nek and m=oody aoocpted %O ft standmds
date of Apprm-W or mbmimdom of por vd dmH be SWm in wfift witbin th* (" drys ftvm the
apedflcatiom. This requirement for approval of plans end
a1mi1 aotd= so long as Sylvedw 2. %= absH live and at ]vs &a& ft
tequdrement " Clad.
TM ABOVR .doxz%ed Lot No. 12 is a pordon of a JzW tatct of land wli& the
Baeoutom of *9 Last WiU and Tilt to WMiam Cbdr BfittEme, E rased, by Deed dated
June 1,19K and raoordod June' 1, 1990, in the OLEoe of to Rrecotder of Deeds in aad for
Cumbalamd Camly, a VmM"mylvaaia, in Deed Book ?", Vohmne A Pie tlZ, and
conveyed to Sylvcdw Z Baum and MU M Beare.
AND BZWG the same ra d ashte which Sylvaw Z Sam and Mk M. gym, budmd
Md wifq by their Deed dated Saptembw 2, 1994 and z+ecordod Scpumbar 2, 1994 in
Clamba tmd Oounty Dad Book 111, Page 333, granted and comveyed to Carol L ChDaWd
ROW I CbUOWd6 Of COW L C2dksdg, uemlm dais Deed to convey airy iamanat that
ho may have is So tool easmto dom&W herd n by virtue of his ma rbp to CoM L. Cam.
Thk is a Ca::+e &e Dad that is awcuted to convey to Grmum the mm1 cou and
iatprovotaeats dommled above. A Deed pavlou dy era m ad by the Oman berm reaotded is
the Offica of *a Ctmubalemd County Re+cac w of Demb at Roooed Book 272 at Pqe 2201,
ameoudy convoyed to Gmah as real estaee and ltd dw was iatended to be tetsined
TMS LS A CORRECTIVE ,DEED FOR NOMMAL CONSWERA710N THAT
CORREM A TRANSM PREVIOUSLY RECORI,'lBD. IT a TSEREpbRE WMMPT
FROM REALTY TRAN9M TAX
And the said Cltomom ha+eby covenant and mgm dust they will wu at spe"y the
property heo mby oaovayed.
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MAY-08-2009(FRI) 12:15
. II
5hughart Lau Office
(FAX)71724ldO21
R. 705/008
IN WTMM WMMF, Gra im bave bmmto set their' bands and seals the day
and year fm above wd is L
SiMM4 Sealed and Dcliverod
in the Pre am of
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RD* CWW=W
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MR'S-03-2009(FRI) 12:15
Shughart Lard Office
(FRX)7172414021
F. 005/000
t
i
COMMONWEALTH OF PENNSYLVANIA
: sa.
I? COUNTY OF CUMBERIAND
On tip„ the ? day of ::, 2007, bafoe+a w, a Nab" a is
mod for n1d Comaty atod State, the wed o ar, p Y oppmed Cod L C 0mdd
and RoW L 00mo id. ]mows to we (or y patovm) to bg the pmm v*Am umm S
mo o6wraw to the within mart, tmd a aFloW that they c mted the same for the
purpow beau c mmim&
IN W1TAIF,SS WIMREAF, I bmunw sd mybsad sad official seal.
Mdow
Notary Public
4
HOW
I do busby oft that the oampli to post office add as of ft vv is BMW titaom he
315 North Moudmin Road, NaavMc, PA 17241
laaatm lo 7 /, 1-1-+o 4- /
Attamey it tie
I Certify this t-.- be ri% i
In Cumberland County i .
v i 9.1
i s 1W.C. gait
w04" A A'.1.700Ui rM OWL - ATM71MM" Ar LAw - 1%6 9A$r 6 0 ss*e¢r - SHPOMMOVIEL M r walsor
r. ...r-r. ...r rte. rw-. I..r. M /II.MIM.rf. N•.... i r/ O
MPY_')?_2CC9(,FPI) 12:75 5hughart Law Office (FAX)7172414021 P.007/008
or, 113 NI?G,I
READ TY "tAMM TAX
c-woNww.w or ?11wr1,v?1?? STATEMENT Of VAME
eu.vu?itwa-01 ta'i uns
oer, worm
MAID t/? If7f1?iQ7 Sog RD11D fW Lw*v.&.
Cs"ie . such toedon and ?. fen dnplfamr, wI16 Aateld.r of w.a. wM«1 y A. w w on b
IsWIdpr'..,ani?rol fe.r h ?, itp I !ax am*"" 4 da .•A $.M...? a rau. Is so r.orin
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memo ban NK
RIW=d L. Webber, Jr., Esq. Afte Cw6 (- -- I
Smoot PAWOU W --
4M rim
anzppafs b=s PA 17257
8 IMMIMMM DATA Deft of lampsommN 1
Caasol L. Cla aan and Ib err ki Malpe T. Enlet and Dale J. smut
31001 Amore"
313 Worth Moon Hand
315 $nth Mo=taln 8aad
%my atillil Zoo Cob 7
- - -Asmrme
-- - PA 17241 CV soft
Naw3lla PA _ 17241
Z l71sok Appnprhd is Aw*rr hr iIm**gbn Ck&md
??1 wm ar i *.". >raeaolI. NOW It wows"
t...? Traoobr 1n 11111 lwfd Dowlopouol Agency,
? Tiu4s0w io a Moot. JAN" comp%w eapp of mat a-1...I.o id¦Iftlp call Ad l- 4
C] Trodor b.lwoen prlnlipd asd vo+ pm,& am," aopr as agent rte, popy - v
? T,adm Is On Commenwomy Wo UAnd Slow and i11wovossti1i0 by alh, dwdtaollea. comimpi *m or Io Iami nF 4ondonMalio?.
lW n a? M Naa eF amdsmmmlwt. moo& =pr of 1enoMl- 4
? Thmehr Femo ?soetoow ton holds aF a monpr to ddowk Malpop eeok Nuwbor pop N"W
Q CWradvo or coaAnoelwy daod, {AMuA =mphft aopy of As Prior drod bang meaood or po phl d j
+nPoooh s?Ndullaa. aa+Aar w dirhiam fAMoeb copy of n11W=4
? odw IPlaat wploi..IS *&. dishmid. N ndrr daii Nrod abor
1Mirp mmbw of Men, I "Amo tot I Mw ardlnMwd MdofF.tn...t. Fnokllwevism Lwfiulwull.,,,, rnd b t11r boa of nrfr lwowl.dD.
and b", M Is *00, cowed owd oaawbMO.
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FI == CGWU "a IOAM l tCMT OR Mf*M Am%r."U ppp wTION INAY II?IILT IN 1Mt AICD ? L
TO N1100AD'!iR ?.
Prepared By: Members 1 st FCU
5000 Louise Drive
Mechanicsburg, PA 17055
When recorded mail to:
FIRST AMERICAN TITLE INSURANCE
LENDERS ADVANTAGE
1100 SUPERIOR AVENUE, SUITE 200
CLEVELAND, OHIO 44114
ATTN. FT1120
i_..:
2007 JUN 14 Ate 11 57
%?-?Z !? • • D?-?3?97- Odd 93- aooaooo- y3
MORTGAGE
Made 05/18/2007
Between ?'? 1
ELAINE V EMLET AND DALE J EMLET
(hereinafter called "Mortgagor")
And
MEMBERS 1ST FEDERAL CREDIT UNION (hereinafter called "Mortgagee")
Whereas, Mortgagor has executed and delivered to Mortgagee a certain Mortgage Note (hereinafter
called the "Note") of even date herewith, payable to the order of Mortgagee in the principal sum of
$ 19,157.50 , lawful money of the United States of America, and has provided therein
for payment of any additional moneys loaned or advanced thereunder by Mortgagee, together with
interest thereon at the rate provided in the Note, in the manner and at the times therein set forth, and
containing certain other terms and conditions, all of which are specifically incorporated herein by
reference;
Now, Therefore, Mortgagor, in consideration of said debt or principal sum and as security for the
payment of the same and interest as aforesaid, together with all other sums payable hereunder or under
the terms of the Note, does grant and convey unto Mortgagee,
All that certain property of the Mortgagor located in UPPER FRANKFORD
TOWNSHIP Cumberland County, Pennsylvania
SEE EXHIBIT "A"
which currently has the address of 315 N MOUNTAIN ROAD
[Street]
Newville Pennsylvania
[City]
Acct No 34 - App1D 20351301
BK i 995PG4755
17241
[Zip Code]
Page 1 of 4
Exhibit "B"
Together with the buildings and improvements erected thereon, the appurtenances thereunto
belonging and the reversions, remainders, rents, issues and profits thereof.
To Have and To Hold the same unto Mortgagee, its successors and assigns, forever.
Provided, However, That if Mortgagor shall pay to Mortgagee the aforesaid debt or principal sum,
including additional loans or advances and all other sums payable by Mortgagor to Mortgagee hereunder
and under the terms of the Note, together with interest thereon, and shall keep and perform each of the
other covenants, conditions and agreements hereinafter set forth, then this Mortgage and the estate hereby
granted and conveyed shall become void.
This Mortgage is executed and delivered subject to the following covenants, conditions and
agreements:
(1) The Note secured hereby shall evidence and this Mortgage shall cover and be security for any
future loans or advances that may be made by Mortgagee to Mortgagor at any time or times hereafter and
intended by Mortgagor and Mortgagee to be so evidenced and secured, and such loans and advances shall
be added to the principal debt.
(2) From time to time until said debt and interest are fully paid, Mortgagor shall: (a) pay and
discharge, when and as the same shall become due and payable, all taxes, assessments, sewer and water
rents, and all other charges and claims assessed or levied from time to time by any lawful authority upon
any part of the mortgaged premises and which shall or might have priority in lien or payment to the debt
secured hereby, (b) pay all ground rents reserved from the mortgaged premises and pay and discharge all
mechanics' liens which may be filed against said premises and which shall or might have priority in lien
or payment to the debt secured hereby, (c) pay and discharge any documentary stamp or other tax,
including interest and penalties thereon, if any, now or hereafter becoming payable on the Note
evidencing the debt secured hereby, (d) provide, renew and keep alive by paying the necessary premiums
and charges thereon such policies of hazard and liability insurance as Mortgagee may from time to time
require upon the buildings and improvements now or hereafter erected upon the mortgaged premises,
with loss payable clauses in favor of Mortgagor and Mortgagee as their respective interests may appear,
and (e) promptly submit to Mortgagee evidence of the due and punctual payment of all the foregoing
charges; provided, however, that Mortgagee may at its option require that sums sufficient to discharge
the foregoing charges be paid in installments to Mortgagee.
(3) Mortgagor shall maintain all buildings and improvements subject to this Mortgage in good and
substantial repair, as determined by Mortgagee. Mortgagee shall have the right to enter upon the
mortgaged premises at any reasonable hour for the purpose of inspecting the order, condition and repair
of the buildings and improvements erected thereon.
Acct No AppID 20351301
Page 2 of 4
BKI995PG4756
(4) In the event Mortgagor neglects or refuses to pay the charges mentioned at (2) above, or fails to
maintain the buildings and improvements as aforesaid, Mortgagee may do so, add the cost thereof to the
principal debt secured hereby, and collect the same as a part of said principal debt.
(5) Mortgagor covenants and agrees not to create, nor permit to accrue, upon all or any part of the
mortgaged premises, any debt, lien or charge which would be prior to, or on a parity with, the lien of this
Mortgage.
(6) In case default be made for the space of thirty (30) days in the payment of any installment of
principal or interest pursuant to the terms of the Note, or in the performance by Mortgagor of any of the
other obligations of the Note or this Mortgage, the entire unpaid balance of said principal sum, additional
loans or advances and all other sums paid by Mortgagee pursuant to the terms of the Note or this
Mortgage, together with unpaid interest thereon, shall at the option of Mortgagee and without notice
become immediately due and payable, and foreclosure proceedings may be brought forthwith on this
Mortgage and prosecuted to judgment, execution and sale for the collection of the same, together with
costs of suit and an attorney's commission for collection of five percent (5%) of the total indebtedness or
$200, whichever is the larger amount. Mortgagor hereby forever waives and releases all errors in said
proceedings, waives stay of execution, the right of inquisition and extension of time of payment, agrees
to condemnation of any party levied upon by virtue of any such execution, and waives all exemptions
from levy and sale of any property that now is or hereafter may be exempted by law.
(7) Upon payment of all sums secured by this Mortgage, this Mortgage and the estate conveyed shall
terminate and become void. After such occurrence, Mortgagee shall discharge and satisfy this Mortgage.
Mortgagor shall pay any recordation costs. Mortgagee may charge Mortgagor a fee for releasing this
Mortgage, but only if the fee is paid to a third party for services rendered and the charging of the fee is
permitted under Applicable Law.
The covenants, conditions and agreements contained in this Mortgage shall bind, and the benefits shall
inure to, the respective parties hereto and their respective heirs, executors, administrators, successors and
assigns, and if this Mortgage is executed by more than one party, the undertakings and liability of each
shall be joint and several.
Acct No AppID 20351301
Page 3 of 4
BKi995PG4757
] Certify this to be recorded
in Cumberland County PA
ty
01
r.lA F,
0
Recorder of Deeds
Witness the due execution hereof the day and year fi st above written.
Ql _ ?
ELAI E ET
DALE J E ET
Commonwealth of Pennsylvania
ss:
County of C At m bl, ?1-41
On this, the day of /nce 12007 , before me,
Swsart kr,bY Z11s , the u dersigned officer, personally appeared
ELAINE V EMLET AND DALE J EMLET
satisfactorily proven to me to be the person(s) whose name(s) is/are subscribed to the within Mortgage, and
acknowledged that he/she executed the same for the purposes therein contained.
In Witness Whereof, I hereunto set my hand and official seal.
?
265
My commission expires: -.-TV 0
Nohadal seal
Susan Kirby Rosis, Notgry Pubk
H npden Twp., Q"bWWW County
?y avian Expkes June 21, 2057
hMftN8r ApodB on d nioWg
Certificate of Residence of Mortgagee
Members 1ST Federal Credit Union, Mortgagee within named, hereby certifies that its residence
is 5000 Louise Drive, Mechanicsburg, PA 17055.
By
Acct No AppID 20351301 Page 4 of 4
BK1995PG1758
EXHIBIT "A"
LEGAL DESCRIPTION
A PARCEL OF LAND SITUATED IN THE STATE OF PENNSYLVANIA, COUNTY OF
CUIrIDERLAND, WITH A STREET LOCATION ADDRESS OF 315 N MOUNTAIN RD;
NEWVILLE, PA 17241-9731 CURRENTLY OWNED BY DALE J. EMLET AND
ELAINE V. EMLET HAVING A TAR IDENTIFICATION NUMBER OF
04-0387-0093-0000000-43 AND BEING THE SAME PROPERTY MORE FULLY
DESCRIBED IN BOOR/PAGE OR DOCUMENT NUMBER 111-353 AND FURTHER
DESCRIBED AS LOT 12 PB 65 PG 26.
04-0387-0093-0000000-43
315 N MOUNTAIN RD; NEWVILLE, PA 17241-9731
I1I22I0I8II37II4IIII EMLET
203513 PA
33208115/f/or FIRST AMERICAN LENDERS ADVANTAGE
MORTGAGE
IIIIIIIIIIIII IIIIIII IIIIIIIIIIII IIII 1111111111111
6KI995PIG14,759
CLOSED-ENO
A I
F.AAE[LI
LOAN A]
5000 Louise Drive, P.O. Box 40
NAME AND ADDRESS
DDALE J ?E EMLET
ALE
Mechanicsburg, PA 17055
9• 315 N MOUNTAIN ROAD
N Is, PA 4
MFJ7IBEAS P ACCOUNT NIIMSER
30 916.01
CO-BORROVWMS NAME
g,7gg ELAINE V EMLET
PRINCIPAL AMOUNT LOAN NUNBEfl CO.VORRONYERS NAME
ll]AN "TIa1Rv nATE I Izl Fixro VARIABLE
ANNUAL PERCENTAGE FINANCE CHARGE' Amount Financed: The amount of Total of Payments: The amount
RATE: The cost of your credit as a The dollar amount tl? credit will credit provided to you or on your you will have paid after you have
behalf. made all payments as scheduled.
yearly rate, ' cost you,
8,74 % • $ 4,551.19 • $ 19,157.50 e S 23,708.68
Variable Rap: It your loan has a variable rats as indicated above gMi Annul percentage Role may increase during the term of this transaction it the (index) charges. The
credil union w8 adds margin of to the index value. Thera. p wR change monthly on the fine day at the month. The rate will never be higher then the maximum rate vowed by
and it willnever be less awn . My interest ralaIncreases wig result b more Payments of the same amount. For Example, N your loan was for $5,000 at 15% for 4a
law
,
months and the Annual Percentage Rate increased by 2% after one year, the term of your loan would increase by two months
'Pretend Rap: II checked. We fo0ovnng applies to your loan:
RA
® Aulomaao Pe t Discoursed ate: Bewuee you hose apreW to make your required monthly payments through an automatic deduction from your C wings
your ANN AL PERCENTAGE RATE has Oaen Gecounlad by .20%. The ANNUAL PERCENTAGE RATE distloaed above In In the ANNUAL PERCENTAGE GE RATE TE box is
Account
,
tail to maintain a Payrinl lands in your wxowl
the Autantlic Paynant Dlsmunbd Reb. This rep sew inGOeae by .20% tf you pass the aubnwik payment arrangement or example
m 1
Discounted Raft Rep is If114
is
e
WB a b eztantl gt• pan of your la. For IS your Automatic P
I
f rh
l
,
,
llcfeeee
o
cover gMi WlarlltgC paymanB. In such a we, Ne eftect o
in 1 additional payment.
resulting
gOg.00 ban for 80 montlls and yew GSM gts tutomatie PaYrnsnl ++?77??agemanl, your reMi sea increaea So 10.20%.
an a S5
t
s
,
VanabMi Rib Prabmd Lonna. N your Iwn is t varlaWS ale loan and you!gwtgy br a pretend rate, yow preferred nd didicunt to Is taken at ere time you lake out your lam. This
d ANNUAL PERCENTAGE RATE sell then vary aeeodinp b ylaagn N Ns Indaz (ea disclosed d above). For or example, If ¦ variable rep AL
M
kttal p
em
PERCENTAGE
PERCENTAGE RATE la 12% at lM lime you take Iha ban, yow Initial prehmd ANNUAL PERCENTAGE RATE will be N!A%, Your kabel preferred ANNUAL PERCENTAGE
RATE 0001 Then vary ecwdinp to Ne Index, Y dlselosad in gta'Varlabh Rap' provlabn tbove.
Fixed Rab Pnbrnd Loam.11 year Ian b s ftzed rep lam and you gtaWv for s prMentd Tab, yoW ANNUAL PERCENTAGE RATE will be the preferred ANNUAL
PERCENTAGE MTE dlsdoeed above Tor as bap at your prohned slaws urns in affect
Number of Payment@ Amount of Payments Payment Frequency When Payments An Due Property Insurance: You may obtain property
Insurance from anyone you want that Is acceptable to
Yelr 59 $395.15 Monthly - Beginning 0611512007
nem
P. the credit Union. If you yet the insurance from the
credit union you vdll pay
p
we 00. 1 $394.84 Final Due - On 0511512012 $ NIA
9edurity: Collateral securing other bens with She credit union the s or property Other
will also secure this loan. You are gig a security Interest in a being purchased. ?(Descnbs):
MORTGAGE
your shares ardlor deposit In the credit union. and:
Lots s Chia : If a payment is lap by 10 days or more you will
d
t Required D?,pwk Balance: The Annual Percentage Rap does Filing Fees: Non-Filing Insurance:
amount your required deposit baMnce, s any. $ N/A $ N/A
not Mike W06
paymen
,
lea chenyed a late fee of 5% of your schedule
ho- Io taw • va•0y.
• you p•1' early. Y•1+ I
"rtwa, .arts' nadir rapaYrrers n era
raw
rse
M
xd
wout
x
^ •r
-e• «tlerrata. .
n
l
s a
M
M
deMi srd Pr•P•Y•a
AMOUNT FINANCED $ 19,157.50 Amount, paid to others on your behalf (Describe)
AMOUNT GIVEN TO YOU DIRECTLY $ 5.203.53 $s4t.91 To M-w-sale $ To
$81559 To"dnr um Los $ To
AMOUNT PAID ON YOUR ACCOUNTS 12,798.47 $ To $ To
S To S..oo To Feee
PREPAID FINANCE CHARGE $ 0.00 $ o.oo TO Mied solutions $ 0.00 To Also Sohn 0 ar
OTHER (Describe): 315 N MOUNTAIN ROAD. NEYWILLE PA
and/or Deposits of 1 $
You spree that Na team and conditions in the disclosure statement and the
than one borrower, we agree that all She conditions of the loan and security r
mceivod a copy of the ban and security agreements and disclosure stateme
contained on PAs 2,
DATE
(SEAL)
DATE
(SEAL) 11111.0" Is 94 ~*
rain wd•n lse ..wMY Mwwr in W iMww is aspleY,•e in eve NSwlry A~}ww . G"om
rider shut M nMk. M wad ha w h. ww,N.ewrwk. N enwke a/ w.
Is I
and security, agreements located on page 2 of this document shag apply b this Iwn. If there is more
mama gweming Ihra ben shall apply to both jointly and Severally. You acknowledge that you have
o-sigiv r: If you are signing as co-signer, you acknowledge receipt of the notice to co-signer
CD- KER 'OTH R OWNER ff""-COSIONER DATE
./
IJ 0? (SEAL),J/Y107
CO-MAKER ? *OTHER OWNER ? ''CO-SIGNER DATE
X (SEAL)
? CO-MAKER ? 'OTHER OWNER ? "CO-SIGNER DATE
X - (SEAL)
mm.rIM.WMM r1e4 Mn.7h. Mew.nwr, wow. M. e.wwwNr, Y eel eeeeMe4 t. ae/ ti 4Me. YA.,,,4weeMr M
i sawn YrwYr.ew sner ewkn sew ewY u,...dele.ar*wa a.,n.n eearaal•r Murry n4 Ml...w. M en M hen.1M
m.y Ie mints. II M any tine. I two)
CT
ma foilowtnp 4"%Wne, 1 ind 9, must as amw.r•d to dirt-al- my Sean eaplaaty fe(IIRWfMIee: Z.?
m lenity 08% .1 you Ioan7
.
d
only) Will you to under ape 70 wtme 1;Z;
a
g
e
O"bM to We Insurance Ove
A
1
rr M ?
(J
P
. (
?
?
i?
o
e
rde
yy
??
? f pmengy 13
AND ].
.
•i a?prON tut 9 0 haze a mpre7rmk sMid n vbe?Ml wvgrwlpbra70 d•y+ or maerWrari Wa ah7workhp J c- u
taMlreela brwa
t
x
? fz
?
l
J
c?
ne
o
i
s
&' ? ?
g
in adissain, k Vow ban esceees 9 95,000.00 the foaeellnp question meet *I" as anaweied in only so determine eNpbMty. ?
7. OWN M lot aw tBen. nave you Men ?dWy a )VAda M er UNWad raioer, MMnn eltWl ar amnery envy d?swso. woke. •s?? /,
Acquired Imlr.m• DHwMncy SYn•mr'+ W 1 a CanWx (ARCy7
carman ??
,
1AMty curl aswers to M above era biro m •r beat 01(curl IuawNdp• and beMl.(N weppkar?l or I weaver -W in quinilian 1 or 2. we urdwdand that W s pwcen is not WpaN for insurance and
N my ? arlswwr-vas' b quill m J. we uMarslaM yW M aid elpige kr haMOnoe up w n ancut nq exueWy 91.00.
wA ice lea Ftstxetl
.
TM enaewa dale 01my (ou) keu•rlce will be M doe b die Any pwaon whe knovAmwa, aM wish basis to Normal any Inewance cempanfr sr other person Ines an agirallen IN mafanae
ors elMmm?l W.I. eern •ny rO•IMaIM filae ion er wneesse Petals pwpe?e of ideNadlnO, Ndo1m aw connmNry any INU INa1vN1 tbentp oommNS a aauduNNaatt Inwrarm a0.
ation v411 net be vwd In contest N U .
li
k Thi
bl
s app
c
an
which Is a nlaee and wnlMS acre Nmem eo crkNnsl and atria penagM. os not sign lNo ppNe•tNw N anst?? pp 8010 spaces an
atria
*. ion.nd a M pp'1i: n has not been eels-ed.
d and waled lh• a
t
i
h
pp
as no
s
gne
bl.na apaces have not been campMad, the debtor
1
CREDIT INSURANCE APPLIED FOR: NOTE: ONLY ONE APPLICANT MAY APPLY FOR DISABILITY COVERAGE.
Q Yes ? No Single Credit Life Total PreI iuM
` 0 Yes ? No Credit Disabilty Total Premium
? Yes Q No Joint Credit Life
I
?
Indicate which dpplicam(s): ? Applicant ? Co-Applicent $ 341.81
Indicate which applicanils): ? Applicant ? Co-Applicant
S 815.59
DATE
P CANT'S SIGNA?TE DATE OF BIRTH DATE
X ?ccicv l/• ? 57i?? 7
• --• -• • +• cccnNnARY BENEFICIARY (CO-APPLICANT)
A
LASER-WORD F. 43769 Rev. 1,11 Exhibit "C" 11. Muwar rompaniu, Im As rights r.serv.d.
I DALE JEEMLEET ?? _I 1203513 130591501 1 0512312007
.ME _j
AS DORROWERSSITHE WORDS "CREDIT UNION" MEANS MEMBERS 1ST FEDERAL CREDIT UNION. THE WORDS "YOU; YOUR' AND -YOURS- MEAN THOSE
LOAN AGREEMENT SECURITY AGREEMENT
PaymentslFlnance Charges: For value received, you pmmlae to pa , et 1. To spun payment of thl loan and all expenditures Incurred by the credit
all union N apnea ?tlon witk?hls I n, r M rsslM on a aeeu In a t, you
lha credit union's office- a amounts due. AN payments shag be made .._ oil hA ?Lnq .,...L-rR .,n T ..
pursuant to the disclosure statement on age t or revs eocument. T04
understand that the finance charge and oust of ppaynerds shown onp?tie 1
of this document are based on the assumption Ihal all Installment pavt 9
will be made on the scheduled due dates, and , if you have qualified pr
preferred rate that you continue to satiety the conditions of that preferred
rate. If you fad to pay any Installment by the lime it Is due, you will p
additional Interest on the overdue amount.
Allocation of Payments and Additional Paymera: Payments and/
credits shag be applied M the following order: any amounts past due; iml
fees or charges owing, Including any insurance premiums; accrued interest
or finance chasrrgges; outstanding principal. Payments made in addition o led regularly schedu payments shall be sprigged in the earns order.
Preferred Rate: If you quell for a preferred rate as disclosed on pa 1 of
this document or in a separate preferred rate addendum, you unders and
that you must meet the conditions disclosed to you In order to quality fbr the
preferred rate and must continue to meet those conditions In order to Keep
your preferred rate. If you fail to meet those conditions, your rate will II
mmaking a?nfs and tourrreet ail obligations ur der this Agreeement even nu t
you no Aar receive the preferred rate. Ia
Late Charges: If you make a late pa ment, you agree to pay a Isle ch rge
if one is disclosed on page 1 of this document.
Property Insurance: If you obtain a loan secured by a motor vehicle or
pater landible oroDerty. You must obtain insurance which protects the gredtl
credit union as lien nowt
your choice and direct tit
policy.
Debtor Responsibility:
YOLK name address ore
you know there is a real
g, or ere
shall be
his insurance from a7 mint of
credit union a copy o
ify credit union of arty the a in
Omise not b appy for a lorai If
hat you will be unable to repay
cradn extension. You promise
n which relates to your abiti'y to
)bmit false or Inaccurate l
egarding your credoworin"5s.
If any of the following ocgWl 1)
or
for
Statutory Llen: If you ere in default, federal law gives the credit unto
right to aptly the balance of shares and/or dividends in your accountl
the time of default to sstia this ban. Once you are in Celatdl, the orr
union may exercise this right without further notice to you.
Delay In Enforcement: Credit Union may delay enforcing any of the
union rights under this agreement without losing them.
Irregular Payments: pT1nhe credit union mm a ft cell ?vvi?t out losing or
payments, even lhortde marked "payme to ng arty'
credk union rights u r this agreement,
Co-makers: If you are signing this agreement as a co; maker, you all
bg equal responsible ugh the borrower, but the credit union may SL
either or both of you. The credk union does not have to notllfY you lhl
release
on this
or releasing you
2.
3.
4
5.
e.
7.
6100 2199
Contractual Pledge of shares: You pbdgs all your sharp and deposits In Ilia
credit union, including future additions, as security for the ban. in cue yoq
.;fault, the credit union may apply these shares and deposits to the payment
of all sums due at the dime of default, Including costs of collection and
reasonable attorney's fee", that the credit union may Incur, p to 20% of the
unpaid principal and interest No lion or right to Impress a lien on shares still
depcelts shall apply to any of your shares which may be held In on "IndNld lal
Retirement Account" or "Keogh Plan."
You are being asked to guarantee-this debt. Think carefully before 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 d,
amount.
The creditor can collect this debt from you without first trying to collect I
can be used against the borrower, such as suing you, Famishing your 1
record. This notice Is not the contract that makes you ISble for Ilia debt
F. 45769 1102
APPRO rysterrls, IM. 714.1018
if the borrower doesn't pay the debt, you Will have to. tie sure you can anuru iv
not pay. You may also have to pay late fees or collection costs, which increase this
the borrower. The creditor can use the same collection methods against you that
as, etc. If this debt is ever In default, that fad may become a part or your credll
Page 2 of 2
for this. ban. or for any
You will not chanpa'Ihe location of, sell or trainater the collateral unless you have
the credit union's pr or written consent
You warrant that you Mva gDd We to the conse ral, free of all security irderetts
except that givepn to the crash nleu nand except for my interest of a non•co-
maker owner of the ,oesterd who has signed the agreement in the Indicated
plane.
You vfN pay all taxes, assessments, and liens 481Z411 a attached to the property
deacgt?Vd and further agree to keep the propagood condition, housed in a
suite le shelter, you a nee execu'a (inane' I its me and security
apeement amendmsn4errysa stem , eradk union's rtqueat and wet debnd the property
against adverse Na pane
You will maintain Insurance to cover any vehicle or other property In which the
credit union tin a security Interpol. This lnau= wig be in a lorm and an
amount seat adory to this credit union. You wlI wodv the credit .uni n with proof
of such insurance 4 d all corm owed to cradrt un Lb securse
fry are for e g yn i su to ce our own wsait union may but
s red equy , obtain mwrenw M our owncoMraadad IMtecost d coati to due
sums owed. his scel will bur Interest at the ra unto pad. You tudher
sa b eve credit union the fight b rac.W ate proceeds of any imumnpcq at
such priagarty and diked any ms sr to pay those proceeds firseay to Cradil
union. V u wwiltorias In credit union to endorse any attack ertlrall provided as
the prxeasdMsoof such insurance. and apply those proceeds to due sums owed to
You further sulhori%tha credit union to provide your Insurance Service Center
with the necessary Mllonnaebn fa verification of adequate covix"s.
You acknowledge s wM%MOW t 10 you ed itridaumly but Is rimarily for p t aup 1M Credit
nion.
dit b awrrv1 ee? that ddK= :r hmmayypr°t actioncvofurea
credit Me r be any
dkNnishad u) vase. of jor.ro
tous erod t u
Yrt In Ion e0) days aaadit I" Itiormal won against posol%n au
;pee edk urn
Ue cr
low.
a. T ts whtldai Ya crleatt unniontz ekftd rg nacsssary Imo =P ft cmdlieuM mdiXe
security Interest which this agreement create$
g, 11 there is more plan lore borrows Your obligations under Nis • mampnt are
loin/ and aewrel, each bang oil y responatble to fulfil the femme of pns
agreement.
10. This security agreement nor only binds you, but your exacubrs, administrators,
hem, and assigns.
APR-16-2009 09:43 PHFA 7177803975 P.01
fift?): Modal 004-CM04
OhIrl;MP f?MOR PZRM #
fu?m OF 10vae/Wof
6/14/07
fl
xwamm fl00R 1996
1um *74S !
momm m 0HH7', $19, SST -So
Jam shi4 87 QvW FWAXI M 3
Nmfiborv lot
fir ==IT LAi=OH Cgff WZAM oQiplA'1'!, !?!lYe?A !
1
NKR MAO Dolenes #Ativitiea Federal. Credit: vuioa BVPZILed to the >,ati sal
Cse?it Vdcm h0amistracia? for yoxaission to ei?flatiw 71Fxi1 it l?s lisahd
9ed11x#1 Credit Union Nhift peroAvsimt we ps'snte
ftheme02, ptswbeas tot Federal Credit =ion aertifitss ikat the ?
ae
Y t' 7w- htxeaid Aggr?aOe sAa- it bes aad?iattllid=vaeaYth?aM a
Fat al Sod and dtsahmMad-
lar MrTIMS Il r, M>ZU8Hit!! 1 VMMML CM%T 'foiiolt has WWpptad this
sat?alxaaimn pjageg this VWjday, July 27, 2004.
iHT s
Y
IT vx00
p a rennan
W
RVV-90sl ;state UW4in9
} ss:
Cbt*TY Or 0 AM }
0a this Friday. July 27, 2007, before WIC, Tra s, at's
igntd oflioor, Personally ared fthra s•?I?N1 the
inQ, Maob6ri 1"s rede=l C t Vlsitm, MM AE los OMtiolM i1y
•3C,'7J'011p tt} t0 be the V=600 Who" Aims it sabsorib", and ackvff laddsd lfte sloes
lem aorta
tbenia
0" ted the sable to the within iasttaimm tar tne, pus2+oses t
ZX WI'lMI MM MP. Y have bereuutd haa?.iAd AAAd seal
.
Exhibit "D"
APR-16-2009 09:43 PHA
-jokl= P. =GUM
itzcmzROF HEEDS
CUMBZRLAM COUNTY
1 COURTHOUSE SQUARE
CARI,XSY 31 PA 17013
717.240.4370
3 ae Nelir? • 3?fSi1?
4s l4Gw J4 z;mw PM
r Typ. N?TMACl ON PIKE
NN*W-1m UNr ID. mm
. >!1<T SAL CR UN
* irf FM=A • CRUX
` wxv sic X0.50
am/suss so $10.00
eR
saes - #?i.so
or asssss
Amearlei ru 6Q . 04
?eoo s $3.00
Mm $27.00
7177803975 P.02
•To dr"-3
Corti Fep
DO NOT DETACH
Tbb pa0e is ¦ow part
of" 1p1 doe Minot.
I C*" *b to be Poww"
b Creed CounW PA
r!G'?J'° f
Rsc?o?prat o
ip
•.aeurliwmwbd*aWdMWMAW
q! wroo fte p N/ ?10L 1rr 1111A•l11/ N MIi
1
1
t
f/
TOTRL P.02
MRY-08-2009(FRI) 12:14
Ttatfapr mar
717-2A84!M5
MAY 8, 2009
Shughart Law Office (FRX)717211 4021 P.001/008
Caanabfadand-Pfarry Abstract
858 North Home~ ftvat ftemindle
t;*HW&p PA 17MS 717-243-'1M
Kad M. Ledcbohm, Esq.
PO Box 173
New Cumberland, PA 17070
Yom: Elaine V. Emlet and Dale J. EmW
Premiss: 315 NW(h Mountain 104 UPPff Frankford TownsbiP, Cumberland County, PA
Search Dah's: December 18, 2005 t>a'o%b May 6, 2009
Pared No.: 43-04-03874)93
Lfmd: 25350
imPtv:1"M
Tonal: 176250
DELITQUFM TAXES in the amount of $ 3,485.19 for the year 2008.
Carreut Darer: EWn V. Sold, single woman, and Dale J. Sa k4 simile man, by Tweed dated
Dexmbcr 1 S, 2005, recorded Dewnber 21, 2005, in Deed Book 272, Pape 2201.(Conutive
Decd Mad at ]aced Book 278, Par 2251.)
Mrtu' :
S 127,425.00 - Ebdw V. Embi and Dalc J. Emiet, Mortoora, to MMVWHminVm FMMMCC6 a
divbdvn ofFedaf:al $avhW Bank, wbow addma b 401 Plymouth Drive, Suite 400, Plyfnouth
Madn& PA 194b2. The moftpe was n-mcorded in MB 1979, Page 4420, recorded January
18, 2007. Asdgned to LS''F6 Meta" RSA Investments TWA Series 201 -1, recorded January
13, 2009, at 200900972.
Jaflmeuls: None.
Mieoaar None.
C D-1'Eti1tY ABSTRACT
ride Search $ 40.00
48
TOTAL $ 40.00
'i'b? i« sat an app a[tWc old oft te0omta the teexcd oifidc as ? tba ap1eW bd? ? armed at the oouoq?
eat.thoae?e. No l Wft to aoeepfed as a no* aftbe mn-efty or mid ofmy 4ieordm ban MW pdbtie .
Dmfmds RsYliae v, v i bs u: sac bean eh=fv%L Scanned Tnmmzd= inns hs the Peadmotmy'a QIDoe nee not eovasd
LW ft b righted to ft pup" and alkac MW above.
Exhibit "E"
MEMBERS 1 sr FEDERAL • : IN THE COURT OF COMMON PLEAS
CREDIT UNION CUMBERLAND COUNTY,
PENNSYLVANIA
PLAIlVTI'FF
Vs. NO.:
ELAINE V. EMLET and -
DALE r. ENCET
DEFENDANTS. : CIVEL ACTION-EQUITY
VERIFICATION
I, Arlanda Dintaman, Collateral Liquidation Specialist for Members I` Federal
Credit Uniom, being auzed to do so on behalf of Members 1" Federal Credit Union,
hereby verify that the statements made in the foregoing pleading are true and correct to
the beat of my information knowledge and belief I understand that false smements are
made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unswotn
falsification to authorities.
Members 12 Federal Credit Union
y
Arlanda Dintaman. Collatea d
Liquidation Specialist
5
0
zap., ?;`
41S.5b m gTry
&,* SaI3
aasias
Karl A Ledebohm, Esquire
P.O. Box 173
New Cumberland, PA 17070-0173
(717)938-6929
MEMBERS 1 ST FEDERAL
CREDIT UNION
PLAINTIFF
Vs.
ELAINE V. EMLET and
DALE J. EMLET
DEFENDANTS
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY,
: PENNSYLVANIA
NO.. dq - 30$O Civil term
: CIVIL ACTION - EQUITY
PRAECWE FOR LIS PENDENS
To the Prothonotary:
Please index the above captioned action in equity as a lis pendens against:
All that certain real property with improvements erected thereon situate in Upper
Frankford Township, Cumberland County, Pennsylvania, known and numbered as 315
North Mountain Road, Newville, PA 17241 and as more particularly set forth and
described on Exhibit "A" attached hereto and made part hereof.
I hereby certify that this action affects title to or other interest in the above
described real property.
Date: May 12, 2009
Karl M. Ledebohm, Esquire
Supreme Court ID #59012
P.O. Box 173
New Cumberland, PA 17070-0173
(717)938-6929
Attorney for Plaintiff
' jll.r
Shughart Law Office
(FRX)7172414021 P.0021008
I,S' CORMCTIVE -NIB PM 1232
MADE TM „ ? ?. day of7anuay in the year of our Lori two thousand and seven (24M).
BMMZN COOL Z. C NSM and ROGZ R A CAMEMSU, wife and husband, of
313 North Mountain Road, XcwvMce PA 17241, he rcinafter ivike red to as
Grantors
M! ?7
ELAVW Y. ZId"!.E"l, single woman of 315 North Mountain Road, Newvillej PA
17241 and DALE J. A10W, single man, of 315 North Mountain Road,
Ncwviille, PA 17x41, herch afterrefesred to as Cremes
Wl'rMSEEM that for and in won of the sum of ONE DOLLdR (31.00), in
hand paid, the raxdpe whereof is hacby adrnowlexlpped, the said Creators do hereby grant and
convey, in fee simple to the said Grantees, their heir and assigns, as their interests may appear
ALL that cxrtain tract of land situate in Upper Fbmkfixrd Township, Cumbedand County,
Pmasylvania, bomidod and dcam*W in sooo:daoce with ToW Subdivision Pliers for SyNastar Z
Sz= and bft M. Baum, prapia cd by Eugene AJbat HocJeems tb, Rq&tmvd Professional
Land Surveyor; dated June 6, 1991, and wised an Ma vb 30, ]992 a copy of which was
recot+ded on October 14,1992, in the namod Re corda's Office in Plan Boob 65, Page
26; which Man is in=apomted by refeC+ence, as follows:
BECIIVNNNG tit a rmhoad spite: set in the original centerline of 33 freed wide Township
Road T-423 known as North Mountain Road at comer of Lot No. 1, fleece firm said railroad
spike at the Place of SeSla ing along said odginal centerline of 33 feet wide Worth Mountain
Road, the fallowing two (2) commas and distances: (1) North 48 degrees 47 minutm 13 seconds
East a distance of 39.11 fact to a railroad spilcq and (2) North 47 dogrreas 17 ndautes 47 seconds
East a disam of 11.05 feet to a ra wad spike at comer of land now or fo®e dy of blin Darnefs
and wife which is Lot No. 2 on Plan tecanW in Plan Boole 32, Page 31; thmm along line ofsaid
land now or fonnecly of JW= Barues and wife the following two (2) courm and distances: (1)
South 46 degrees 03 minutes, 11 seconds got a distaaoe of 386.26 feet to an existing iron pin,;
and (2) North 44 degrees 07 minutes IS somnds East a dmtaaoo of 129.88 feet to an cuing iron
pia at corer connow to add land now or fonnaly of John Boom and wife and land now or
formerly of Midwel D. Hansen and wife and Lot No. % dMoe along line of relit Lot No. I the
Wowing two (2) courses and distances: (1) South 45 degreas 52 mimmu 42 seconds Fast a
dido= of43.00 feet to a point; and (2) South 67 de plies 14 19 seconds Sea a distance:
of 186.11 fed to a point at coma common to said Lot No. I and Lot No. 12 and Lot No. 13;
thence along the dividing line b&wrren acid Lots Nos. 12 mid 13, South 43 d Pgr - as 56 minutes 49
seconds 1 a distance of 2447 feet to'a point in lime of Lot No. 1 which is on a line parallel to
acrd 50 feet nc 11 __ vardly f mm the northeastern lino of Lot No. 2; thence along the dividing
600X 278 PACE22 a
4UMLA a AsACtClw7'U& M.
• 0"WreCNMUMN. PA 17Y.e17.13187
Exhibit "A"
MaY_08_2CnIVF 1. 12:14 Shughart Law Office
(FAX)7172414021 P.003/006
line between Lou Nos. 1 and 12 by a lime paralld to and 50 feet saortimstwardly form the
Est line of Lot No. 2, North 46 degas 03 minutes 11 smuts West a distmcc of 607.13
fast to a =frond spike set in the original of 33 fact wide Township Road T-473 Iwo"
w North Mo=wn Road at the Place of BEM4NT14C.
THE ABOVE 1QB.SFD TRACT of land is all of Lot No. 12 n shown on said
Final Subdivision Pen recorded in Play Book 65, Par 26, and contaiuss an arum of 1.4471 a m s,
cmdusive of the defficated sight of way of Township Road T-423 known as North Mountain
Road.
THE 50 fat wide private right-aF-way dedgnated "Victory Drive" Sbown an said
Subdivision Plea rmor+dod is Plan Book 65, Page 26, extending from Township Road T-423
know as North Mountain Rood betwoan Lots Nos. 1 and 2 on the southwest and 14ts Nos, 12
and 13 on the norlhesat, Wbicb private Ask-of-way extends a distimac of 1028 feet. awry or leas,
to the most tip of Lot No. 13, is for the eve use only ofthe owners and occupiers of
Lots Nos.1 and 13 as shown on said Plmn, and their respective beim and essip s. The e r , we of
awning said 50 feet wide pprlvatie right-of-wuy srbown as Victory Drive shall be borne ono-
half (1)2) by the owners of amid Lot No.1 and the otha one4o f (1/2) by tba owaarm of said Lot
No. 13, and thck respective hears and assigns. It is mdea cod that Lot No. I may be subdivided
at various times and that each time such subdivmon oomm the division of carpe n for
maintaining said 50 fed wide private rigbt-0f--way shown as Victory Drive shall be equally
divided among the comber of lobs obese owners bave the right to we said private 4&-of-way.
The ownerm of my lot badnng the right to use said private right-af-*V shoam ere Victory Drive
sbelt at my ftc have the right to dedicate Victory Drive as a public townaliip read.
THE ABOVE,dwedbed Lot No. 12 is oonvcyed under and sabjec% nevart*cm to the
following binding ate use bona which shall be Madras upon the above•described Lot No.
12 only and shall not be deemed banding on other lmnd of Syr cdw Z. Baum acrd wife, with
which bwH ft and use r mtrictim the within Grantee, her beirs and assigns, by the aoeeptemc c
of this deed, ogres to comply:
1. This lot of lead shall be used for =deatial pus+posea only. No business,
eonmgaercial, or kduoiel uses whatsaem shall be permitted on tbis lot except as what may
qualify as home occapadon purmant to zoning reg"oms of Upper Fsnnkford Township.
2. Only one si4e family residence and accessory b may be mratal on this
lot oflSad.
3. No mobile bome or foctmy -built amohure of a style or type of vonstracdon of a
mobile home or smu7ar structure shall be eonsumted, placed or mined on this lot of land at
slay time for any propose wbaboam.
4. No wrecdmd veWde and no smImq tg or disman 1. ins, of any vddcle and no
uWicensed vehicle shall be peamitted on this lot of lmd at any tiara vales the same is dome or
stortd inside a building,
bom .278 Pali 252
WKt LS G ASSACMTK'S. RC. - ATrC*tW ! AT LAW - 129 SAW KWA 39%9= - f6MIM POp MA jTXj T•1b4'r
MP's-7?-2""3fF^I) 12:15 5hu9hart Law Office
(FRX)7172414021 P.004/008
5. All plans and gmdficatiom for nay purposed buUng or nddi6on to nay mdating
bumf ft which is to be m ected on the above4esmaod lot of land shall be submitted to 5ylve stcr
Z. Baum or his nominee far approval as the looatioo on the lot ad for approval as to size; style
or type or arrJtitec b= and mataials to be used. No co on " begin until apprmr d has
been ,given, wbkb approval shall not be um+eseamibk wW*dd sod will be based in part an the
con&x ity of any proposed buDding or addition aide flee size and styic and types of existing
buildip in rho sma, gm=W drac W of the arm, and commonly ncvcpted baildWg stmdards
mad Sena. Apprarval or disapproval shall be Sim in writing within thirty (30) days fmm the
date of won of phms and spmWc mdom. This rcgdrea mt for approval of pleas and
spai$c mdons skull continue so long as Sylvester Z. Burma shall live and at his death this
requirement shat] end.
TIM ABOVE -dosmbed Lot No. 12 is a portion of a ImW tract of lmd wbkb the
Executors of the Last Will and Tastamtnt to William Clair Bisdfix, Deceased, by Deed dated
June 1, 1990, and recorded Juno' 1, 1990, in the Office of the Recorder of Deeds in sad for
Cumbalmd County, Pam sylvania, m Deed Book "P". Volume 34, pap s2, granted and
conveyed to Sylvate r Z. Baum and b6s. M. Baum.
AND BEING *a same Taal estate which Sylvester Z. Baum and MU M. Bamm. husband
and addle, by their Dead dated Septmber 2, 1994 and mcordod Sepomba 2, 1994 in
Cwmberlmd County Deed Book 111, Page 353. granted and conveyed to Carol L. Cb&aacL
Roger E. C bilaM46, spouse of Caral L Cltilen d, a xecotas this Deed to convey arty "-facet that
ho may have in the real estate de mbed herein by virba of his ma niage to Cool L. Cidlcnd&
This is a Convcdve DoW that is a wcufed to convey to Ckwft s the re-1 estate and
improvexaesns described above A Deed poevlousiy cmea ed by the Chanters both accorded in
tlta 0Sea of the Cmmbedaad C sty Reoorda of Deeds at Rooord Book Z72 at Page 2201,
aroneoasly conveyed to Gnat= real aerate and iwav?ments that was intmded to be mtained
by the Grantors.
Tk= IS A CORRECTIVE ]SEED FOR NOMINAL CONSIDERATION THAT
CORRECTS A TR.ANSFM PREVIOUSLY RECORDED. 1T IS 'I'IiEREFORE EXWT
FROM REALTY TRANSFER, TAX.
And the said Grantors hereby covenant and agree that they will warrant specialty the
pmpertybe mbyemveyed.
278 i„U2253
Ir %VW"L1i eP AIXWM; ?NM, ACS w ArrOMINCYT, AT LAW - 1246 GW WNO %TVUW + SMPPMaDURG, PA M907.097
?,. ?.. r.........t -.- ......,. - -
r. ?..wrw? .. ?.. wu.? ...w. 0r. w negn-m".6 Dn . *-..•'j .b. a
MRY-08-2009(FRI) 12;15 Shu9hart Law Office (FRX)7172414021 P.005/000
IN 'DVPI` M VVIRMOF, tbantmrs have hme=to set their bands aad scats the nay
and year Su above written.
Sip ed, Sued and Dc hwad
in the Pramco of
I..
eacirc 278 pAc 4
wMCLC G ASSgC1A7'M PAC. - ^rMMMC" AM LAW - 126 "!XT KIMO YTf S - "PM UM. RA 17. I%*F-I"'f
MRy-"]?-ZOC'9! FR I) 12: ' S
•n
Shu9hart Law Office
(FRX)7172414021
P. 006/006
1
i
1
COMMOXWEALTH OF PENNSYLVANIA :
ss.
COUNTY OF CUMBERLAND
L
Oa flue, the j 7 r dsy of In v` f :z 02007, before me, a N'+omy Public is
and for said Canty amid Statc, the uuci Cigeecl o?e?,', psonally appor? C?1 L. q??i
and Roger E. CWmid, kwm td me (or sods * p vvom) to be, ft pcrmw wbase names
are sub= -W to tha vvitbia jaw maent, amd =knowledged that they =ecated the same for the
pmpomes basin contained.
IN WITNESS W DF, I hareunto set my band and offidd seal.
-id
VA Notary Public
?pY 5.20
!1'1 ?
I do hereby cmf* that the complote post office address of dw widda named Grantees im
315 North Mountain Road, NewvMc, PA 17241
Dec 7to? W2 /Attorney for the =:;k - z GnmUm
X Certify this t:' bt; ft. a i
In Curnberlanc Count,, _
%_Ci.'• ? r' v
flQ? .
w?pvbK et A'1?OCiATLl. R?. -nry* AT 6^w ;6 `WT Kme smeur - s"mmusewft. lM 7r1 OS97
MA'- DS-2"^4(F"I 12:16 Shu9hart Law Office
.
Ktv.toa aK {ra1
QOMAIONWML7N Or rLNIiMVANIA
eY?ror eepnom ns
oar. 4stM
HANSOMM FA 1"354M
Ompl.to unh waion and llisin
is v,h6w emedd.talfon. or bw d
(FAX)7172414021 P.007/008
.
REALITY TRMSF R TAX
STATEMENT Qf VAWE
S" RGVWM for ladmCHUM
witb Rewdor of Doods wbmn )?i do fall vdw/a midem
a tax mmAption is dak"&A Smemm of Volu. 4 not
ltECr7+?Et!'i 1lSt! ONIr
=XQW
'7
M
Ilion is not sd latdt in do do*4 (2j w1w in d.od
it No Wd ma a wnotry .N sw own -
A CO ` .? 910 - All RgykW may k dkedod to the MOw MOt1r :
Nash TI&PUMS R:.chard L. Webber, Jr., Esq. A,"Cm6 717 l 539-718
n.o A i...?.?. ... . --?p
Shippeaetbtsrg PA 17157
B MMMR DATA +
Carol L. Chlien and Im er E. ChUanukJ. dim
one V. Emlet; and Dale J. Wer.
313 North Monet Read far" A -fir
315 N=th tuuatain Road
ow Me" Ar
311e PA 17241 i h
mewille PA 17241
3. Cb * Appsop lar. seat iok w for Uomptlma C Wb"d
? WIN or houtow mccoul a 040. V 5==
? Tro w r to lndnnrial Dwvek pnmw Agency.
? TnwAw to o trwt. (Il#l aompMta copy of no owasomw td all b.ho>ie mi-4
Cl TromW bdwom prlW* and ago*- (Anode totnpirir MPY of apotKyldtdw Fmty "W"em.nl.)
C3 Td. b dw Cowan . gig., tb. Uaitod S1et« mid ianttwnt at6MW by Opy dodco*m. cmdemmaAm or in ttm of aondummle
IN ooadoaammom or is I" of cendoaa+otion, aaod? aolay of +..alvdoa.)
d Tmaier from oortpopor in a lmWw of a monjuge in d.fsvk. Mw p p lkmk Numd r Pape Nwnbw ...P-m?
Q CormKOve or codirmotory deal. (A*mh complem Dopy of t6 prior JoW boinp corteand or codkmod j
? Stotwory omporois consolidatlon. m q*r* ar dWbkm. {AMoah copy of eruct s.)
? os., { nm" owk io wo mptten dobn.d, if actor *m Neal above.)
tind.e...r.. of lna, I &ohm tho i hosto wombwd lids Stdamoot, le"% f amompoaybe iJwaMMiwa. rs+d Iw"bow of mfr knowledw
ood bim, R In tam, to is A and oooattal.a.
eav? 278 PAC Q2256
RAN IMI TO COMPLtf[ZNIS MM "tOlSRf.Y OR MACH APPlrAlM DoCWY1n?iTw7lQbi MAY t!lISIAS w 7NE RE?AIlOR°S t!@llswt
TO Rs0MIN! Doom.
Q
t V ;c { i :.yJ.
2009 ft' 14 PM 2: 07
D. L
$0.00 Qp ptr4
eo wsq
p14 aa,+5I
Karl M. Ledebohm, Esq.
P.O. Box 173
New Cumberland, PA 17070-0173
(717) 938-6929
MEMBERS 1" FEDERAL
CREDIT UNION
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
MOVANT/PLAINTIFF
Vs.
: NO.: 09-3080 Civil Term
ELAINE V. EMLET and
DALE J. EMLET
RESPONDENTS/DEFENDANTS : CIVIL ACTION-EQUITY
MOTION FOR ENTRY OF ORDER SETTING ASIDE SATISFACTION PIECE
AND REINSTATING MORTGAGE BASED UPON STIPULATION OF THE
PARTIES
1. No judge has ruled on any other issue in this case or any related case.
2. Movant/Plaintiff, Members 1St Federal Credit Union ("Members 1St") filed a
complaint to the above captioned matter (the "Complaint") against
1
Respondents/Defendants, Elaine V. Emlet and Dale J. Emlet ("Defendants"),
seeking to set aside a Satisfaction Piece (the "Satisfaction Piece") dated July 27,
2007 and recorded in the Cumberland County Recorder of Deeds Office on
August 8, 2007 to Instrument Number 200731123 which purports to satisfy the
mortgage (the "Mortgage") in favor of Plaintiff in the original principal amount of
NINETEEN THOUSAND ONE HUNDRED FIFTY-SEVEN AND 501100
($19,157.50) dated May 18, 2007 and recorded on June 14, 2007, in the
Cumberland County Recorder of Deeds Office at Mortgage Book 1995, Page
4755. The averments of the Complaint are incorporated herein by reference as if
set forth in full.
3. The Mortgage is a lien against the real estate and improvements erected thereon
owned by Defendants known and numbered as 315 North Mountain Road,
Newville, PA 17241.
4. By stipulation dated May 29, 2009, and filed contemporaneously herewith in the
Cumberland County Prothonotary's Office to the above captioned matter (the
"Stipulation"), Defendants stipulated and agreed to the relief requested in the
Complaint and that all of the averments set forth in the Complaint are true and
correct. A copy of the Stipulation is attached hereto as exhibit "A" and made part
hereof by reference.
5. As set forth in the Complaint, there are no other parties that will be adversely
effected by the setting aside of the Stipulation and reinstatement of the Mortgage
and Members 1St is entitled to the relief requested under applicable law.
2
WHEREFORE, Plaintiff, Members 1St Federal Credit Union, respectfully
requests this Court to enter an Order of Court:
1. Directing that the Satisfaction Piece be set aside;
2. Reinstating the Mortgage and Note in favor of Members 1St Federal Credit
Union as if the Satisfaction Piece had never been entered of record;
3. Directing the Recorder of Deeds for Cumberland County to cancel the
Satisfaction Piece; and,
4. Granting such other relief as this honorable Court deems appropriate.
Respectfully submitted,
New Cumberland, PA 17070-0173
(717)938-6929
Attorney for Plaintiffs
3
Supreme Court ID # : 59012
P.O. Box 173
Karl A Ledebohm, Esq.
P.O. Box 173
New Cumberland, PA 17070-0173
(717) 938-6929
MEMBERS I J' FEDERAL
CREDIT UNION
PLAINTIFF
Vs.
ELAINE V. EMLET and
DALE J. EMLET
DEFENDANTS
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
: NO.: 09-3080 Civil Term
CIVIL ACTION-EQUITY
STIPULATION TO ENTRY OF ORDER SETTING ASIDE SATISFACTION
PIECE AND REINSTATING MORTGAGE
The parties hereto, intepding to be legally bound, hereby stipulate and agree as
follows:
1. Elaine V. Emlet and Dale J. Emlet hereby affirm and agree that we are the
defendants named in the complaint (the "Complaint") filed by Plaintiff to the
Exhibit "A"
above captioned matter and that all of the averments set forth in the Complaint are
true and correct.
2. Elaine V. Emlet and Dale J. Emlet hereby stipulate and agree to the entry of an
order of court setting aside the Satisfaction Piece (the "Satisfaction Piece") dated
July 27, 2007 and recorded in the Cumberland County Recorder of Deeds Office
on August 8, 2007 to Instrument Number 200731123 which purports to satisfy the
mortgage (the "Mortgage") in favor of Plaintiff in the original principal amount of
NINETEEN THOUSAND ONE HUNDRED FIFTY-SEVEN AND 50/100
($19,157.50) dated May 18, 2007 and recorded on June 14, 2007, in the
Cumberland County Recorder of Deeds Office at Mortgage Book 1995, Page
4755, which Mortgage is a lien against the property known and numbered as 315
North Mountain Road, Newville, PA 17241.
3. Elaine V. Emlet and Dale J. Emlet hereby stipulate and agree to the entry of an
order of court reinstating the Mortgage and corresponding Closed-End Note,
Disclosure, Loan and Security Agreement dated May 18, 2007 in the original
principal amount of $19,157.50 (the "Note") which we executed and delivered to
Plaintiff as if the Satisfaction Piece had never been entered of record and directing
the Recorder of Deeds for Cumberland County to cancel the Satisfaction Piece of
record.
4. I/WE ELAINE V. EMLET AND DALE J. EMLET AGREE AND AFFIRM
THAT I/WE HAVE READ AND UNDERSTAND THE PROVISIONS OF THIS
STIPULATION AND THAT I/WE HAVE RECEIVED THE ADVICE OF
INDEPENDENT LEGAL COUNSEL OF MY/OUR CHOICE, OR HEREBY
WAIVE THE ADVICE OF LEGAL COUNSEL, IN EXECUTING THIS
STIPULATION, AND THAT I/WE HEREBY KNOWINGLY,
UNDERSTANDINGLY AND VOLUNTARILY EXECUTE THIS
STIPULATION.
This stipulation is entered into by and between the parties this c2 `I day of May,
2009.
Elain V. Emlet, Defendant
Dale J. jl?let, Defendant
K&rl M. Ledebohm, Esq. legal counsel for
Plaintiff
VERIFICATION
1, Arlanda Dintaman, Collateral Liquidation Specialist for Members I" Federal
Credit Union, being authorized to do so on behalf of Members 1" Federal Credit Union,
hereby verify that the o tetnents made in the foregoing pleading are true and correct to
the best of my infornnation knowledge and belief. I understand that false statrcmrnts are
made subject to the penalties of l$ Pa C.S.A. Section 4904, relaxing to unworn
falsification to audwrities.
Members 1" Federal Credit Union
By:
Arlanda Dintaman, Collateral
Liquidation Specialist
4
Karl M. Ledebohm, Esquire
P.O. Box 173
New Cumberland, PA 17070-0173
(717)938-6929
MEMBERS 1 J' FEDERAL
CREDIT UNION
MOVANT/PLAINTIFF
Vs.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO.: 09-3080
ELAINE V. EMLET and
DALE J. EMLET
RESPONDENTS/DEFENDANTS CIVIL ACTION - EQUITY
CERTIFICATE OF SERVICE
I, Karl M. Ledebohm, Esquire, hereby certify that on the 18th day of June, 2009, I
served a true and correct copy of the foregoing proposed Order and corresponding
Motion for Entry of Order Setting Aside Satisfaction Piece and Reinstating Mortgage
Based Upon Stipulation of the Parties upon the following individuals by first class mail,
postage prepaid, addressed as follows:
Elaine V. Emlet
315 North Mountain Road
Newville, PA 17241
Dale J. Emlet
315 North Mountain Road
Newville, PA 17241
Michael J. Pykosh, Esquire
2132 Market Street
Camp Hill, PA 17011
Respec ly submitted,
Date: June 18, 2009 ;e? Zr 9,,a
1 Ledebohm, Esq.
Supreme Court ID #: 59012
P.O. Box 173
New Cumberland, PA 17070-0173
(717)938-6929
Attorney for Movant/Plaintiff
.r r
,?lr y
ni nJ3
p r .4;
Karl A Ledebohm, Esq.
P.O. Box 173
New Cumberland, PA 17070-0173
(717) 938-6929
MEMBERS 1" FEDERAL
CREDIT UNION
PLAINTIFF
Vs.
ELAINE V. EMLET and
DALE J. EMLET
DEFENDANTS
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO.: 09-3080 Civil Term
CIVIL ACTION-EQUITY
STIPULATION TO ENTRY OF ORDER SETTING ASIDE SATISFACTION
PIECE AND REINSTATING MORTGAGE
The parties hereto, intending to be legally bound, hereby stipulate and agree as
follows:
1. Elaine V. Emlet and Dale J. Emlet hereby affirm and agree that we are the
defendants named in the complaint (the "Complaint") filed by Plaintiff to the
above captioned matter and that all of the averments set forth in the Complaint are
true and correct.
2. Elaine V. Emlet and Dale J. Emlet hereby stipulate and agree to the entry of an
order of court setting aside the Satisfaction Piece (the "Satisfaction Piece") dated
July 27, 2007 and recorded in the Cumberland County Recorder of Deeds Office
on August 8, 2007 to Instrument Number 20073 1 1 23 which purports to satisfy the
mortgage (the "Mortgage") in favor of Plaintiff in the original principal amount of
NINETEEN THOUSAND ONE HUNDRED FIFTY-SEVEN AND 501100
($19,157.50) dated May 18, 2007 and recorded on June 14, 2007, in the
Cumberland County Recorder of Deeds Office at Mortgage Book 1995, Page
4755, which Mortgage is a lien against the property known and numbered as 315
North Mountain Road, Newville, PA 17241.
3. Elaine V. Emlet and Dale J. Emlet hereby stipulate and agree to the entry of an
order of court reinstating the Mortgage and corresponding Closed-End Note,
Disclosure, Loan and Security Agreement dated May 18, 2007 in the original
principal amount of $19,157.50 (the "Note") which we executed and delivered to
Plaintiff as if the Satisfaction Piece had never been entered of record and directing
the Recorder of Deeds for Cumberland County to cancel the Satisfaction Piece of
record.
4. I/WE ELAINE V. EMLET AND DALE J. EMLET AGREE AND AFFIRM
THAT I/WE HAVE READ AND UNDERSTAND THE PROVISIONS OF THIS
STIPULATION AND THAT UWE HAVE RECEIVED THE ADVICE OF
INDEPENDENT LEGAL COUNSEL OF MY/OUR CHOICE, OR HEREBY
WAIVE THE ADVICE OF LEGAL COUNSEL, IN EXECUTING THIS
STIPULATION, AND THAT UWE HEREBY KNOWINGLY,
UNDERSTANDINGLY AND VOLUNTARILY EXECUTE THIS
STIPULATION.
This stipulation is entered into by and between the parties this o2 Q 74 day of May,
2009.
-?Co ? if, -61:?'
Elain V. Emlet, Defendant
Dale J. et, Defendant
; v, 0-?-
1 M. Ledebohm, Esq. legal counsel for
Plaintiff
M9 Slilo 19 1 i1 1?: 48
•
ORDER
AND NOW THIS Ad day of June, 2009, upon consideration of the complaint
JUN 2 2 2009,1
Karl M. Ledebohm, Esq.
P.O. Box 173
New Cumberland, PA 17070-0173
(717) 938-6929
MEMBERS 1" FEDERAL
CREDIT UNION
MOVANT/PLAINTIFF
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
Vs. NO.: 09-3080 Civil Term
ELAINE V. EMLET and
DALE J. EMLET
RESPONDENTS/DEFENDANTS : CIVIL ACTION-EQUITY
filed by Members 1St Federal Credit Union ("Members 1St") and the stipulation of the
parties dated May 29, 2009 filed in the above captioned matter IT IS HEREBY
ORDERED AND DECREED as follows:
1. The Satisfaction Piece (the "Satisfaction Piece; dated July 27, 2007 and recorded
in the Cumberland. County Recorder of Deeds Office on, August 8, 2007 to
Instrument Number 20073 1 1 23 is hereby set aside as if it had never been
recorded;
2. The Recorder of Deeds for Cumberland County is hereby directed to mark the
Satisfaction as cancelled by this order of Court;
3. The mortgage (the "Mortgage") in favor of Members 1" in the original principal
amount of NINETEEN THOUSAND ONE HUNDRED FIFTY-SEVEN AND
501100 ($19,157.50) dated May 18, 2007 and recorded on June 14, 2007, in the
Cumberland County Recorder of Deeds Office at Mortgage Book 1995, Page
4755 is hereby reinstated as if the Satisfaction Piece had never been recorded of
record;
4. The Recorder of Deeds for Cumberland County is hereby directed to strike and
void any indication on the Mortgage of record relating to its purported satisfaction
as a result of the recording of the Satisfaction Piece; and,
5. A copy of this order shall be recorded in the Recorder of Deeds Office for
Cumberland County and indexed under the names of the parties captioned above.
Date: z iol
Service address list:
Defendants:
Elaine V. Emlet
315 North Mountain Road
Newville, PA 17241
Dale J. Emlet
315 North Mountain Road
Newville, PA 17241
Legal Counsel for Defendants: .??9,--0 y
Michael J. Pykosh, Esq.
2132 Market Street
Camp Hill, PA 17011
Legal Counsel for Plaintiff
Karl M. Ledebohm, Esq.
P.O. Box 173
New Cumberland, PA 17070-0173
7 THE
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