HomeMy WebLinkAbout09-4285Karl M. 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. P-19
TIMOTHY ALEXANDER a/k/a
TIMOTHY M. ALEXANDER and
PATRICIA ALEXANDER a/k/a
PATRICIA A. ALEXANDER : 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 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 objectiones a las demandas en contra suya.
Se ha avisado que si usted no se defiende, la corte tomara medidas y puede entrar
una orden contra usted sin previo aviso o notification y por cualquier queja o alivio que
es pedido en la peticion de demanda. USTED PUEDE PERDER DINERO O OTROS
DERECHOS IMPORTANTES PARA LISTED.
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 1sT FEDERAL IN THE COURT OF COMMON PLEAS
CREDIT UNION CUMBERLAND COUNTY,
PENNSYLVANIA
PLAINTIFF
Vs. NO..
TIMOTHY ALEXANDER a/k/a / I
TIMOTHY M. ALEXANDER and
PATRICIA ALEXANDER a/k/a
PATRICIA A. ALEXANDER
DEFENDANTS : CIVIL ACTION-LAW-MORTGAGE
:FORECLOSURE
COMPLAINT
AND NOW, comes Members I" 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 1St Federal Credit Union ("Members 1 Sr), is a National
Federal Credit Union having a principal address of 5000 Louise Drive,
Mechanicsburg, PA 17055.
2. Defendants, Timothy Alexander a/k/a Timothy M. Alexander and Patricia
Alexander a/k/a Patricia A. Alexander (hereinafter collectively "Defendants"),
are adult individuals having a last known address of 7 Kutz Road, Carlisle, PA
17015.
3. On or about May 2, 2007, Defendants borrowed from and agreed to repay to
Members 1 st TWENTY-FIVE THOUSAND AND 00/100 ($25,000.00)
dollars (the "Loan"). The Loan is evidenced by a Closed-End Note,
Disclosure, Loan and Security Agreement dated May 2, 2007 (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.
4. 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 Penn Township, Cumberland County, Pennsylvania,
known and numbered as 7 Kutz Road, Carlisle, PA 17015 (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.
5. On or about May 30, 2007, the Mortgage was recorded in the Cumberland
County Recorder of Deeds Office at Mortgage Book 1993, Page 4563. A true
2
and correct copy of the Mortgage is attached hereto as Exhibit "C" and made
part hereof.
6. The Mortgage has never been assigned by Members 1St and is still held by it
as a valid and subsisting obligation of Defendants.
7. 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 $296.71 each, which monthly payments were subsequently adjusted to
$296.40 each, beginning on June 1, 2007 and continuing on or before the first
(1St) day of each month thereafter.
8. 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 $296.40 each for February
through June, 2009, as more particularly described in the Act 91 Notice
attached hereto as exhibit "D" and made part hereof.
9. Members 1St 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. Seg., 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. M., by letter dated
April 27, 2009, addressed to Defendants via certified mail, return receipt
requested. A copy of the said notice is attached hereto as Exhibit "D" and
made part hereof.
3
10.
11.
12.
US Postal form 3877 evidencing the mailing of said Notices is attached hereto
as Exhibit "B" and made part hereof.
Simultaneously, Members 1St forwarded to Defendants the same Notices as
set forth in paragraph 9 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 1 st as undeliverable or otherwise.
As of June 26, 2009, Defendants are indebted to Members 1St in the amount of
TWENTY-FIVE THOUSAND THREE HUNDRED SIXTY-SIX AND
91/100 ($25,366.91) dollars itemized as follows:
a. Outstanding principal $22,250.59
b. Interest to June 26, 2009 557.04
c. Late fees 59.28
d. Attorney's fees and expenses 2,500.00
f. Total due to Members 1st as of 6/26/09 $25,366.91
The above attorney's fees and expenses are estimated through sheriff sale and
are in accordance with Defendants' agreements as set forth in the underlying
Mortgage and the Note. If the Mortgage is reinstated prior to a Sheriff's Sale,
the attorney's fees and expenses set forth above may be less or more than the
amount demanded above based upon work actually performed. 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
13. 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 12 above, costs incurred by Members 1St as a result of
the institution and prosecution of these legal proceedings.
14. The obligation owed to Members 1St continues to accrue interest at the rate of
$4.5659 per day, through the date of payment or judgment entered hereon,
whichever shall first occur, and continues to accrue attorney's fees and costs.
15. 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 Timothy Alexander a/k/a Timothy M. Alexander and Patricia Alexander a/k/a
Patricia A. Alexander, in the amount of TWENTY-FIVE THOUSAND THREE
HUNDRED SIXTY-SIX AND 91/100 ($25,366.91) DOLLARS plus interest at the rate
of $4.5659 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: 4
,Karl M. Ledebohm, Esq.
Supreme Court ID # : 59012
P.O. Box 173
New Cumberland, PA 17070-0173
(717)938-6929
Attorney for Plaintiff
5
115`
MEMBERS la
1«mrr«la
saRrArsECOrtrrv'RDraeEa
5000 Louise Drive, P.O. Box 40 BORROWERS NAME AND ADDRESS I
Mechanicsburg. PA 17055 PATRICIA A ALEXANDER j
T wit-7 anon
FIXED 1 I VARIABLE
D
ANNUALPERCENTAGE FINANCE.CHARGE: Amount Financed: The amount of Total of Payments. The amount
RATE: The cost or your credit as a The dollar amount the credit will credit provided to you or on your you will have paid after you have
yearly rate. ' cost you. behalf, made all payments as scheduled,
7,49 % e S 10.603.79 • $ 25,000.00 It $ 35603.79 0
Variable Rate: 11yoof loan has a variable rote as indicateo above the Annual Percentage Rate may Increase during the term or this transaction If the (index) charges. The
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ll never be higher than the maximum rate allowed by
law, and itwillnever be less than . Any interest rate increases will result In more paylnents of the some amours. For Example. if your loan was nor $5.000 at 15% for 48
months and the Annual Percentage Rate Increased by 2% after one year, the term of your loan would Increase by two months
'®Prelerred Rate: IlecyhecIt the idlowing a P Because yoloan
u have agreed b make your required northp payments through an auomatk deduction from your ChecklrtySeNrgs
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RATE Has been tllscournedpyy .20%. The ANNUAL PERCENTAGE RATE diuJosod shove In the ANNUAL PERCENTAGE RATE box is
he Alnomatlc Payment Olscounted RalO. This rare wW Mcrdase by 20% a cease the autommk peymern arrangement or (ail to nelneln sufficient funds In your account to
corer tM auomatk payments. In such a case, ve eaect of the trncrease wIA be b extend the term of ywr loan Fa example if your Automatic Payment Discounted Rate Is I D%
On a 55.000.001oen for 80 mondts and you cease the automatic Payment arrengermm, yotr Hate will Increase b 10.20%. resulting in 1 additional payment.
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Variable Rate Preherretl Loans. B ban is a varleble rate ben and you quaNy for a preferred rate. your ptelerted discount is taken at the time you take du ban. This
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PERCENTAGE RATE le t z% at oho time you rake the loan. you initial prefeR ANNUAL PERCENTAGE RATE wNl be WA%. Your initial ptelertea ANNUAL PERCENTAGE
RATE will scan vary according to oils Index. as disclosed h the YariaWe Rot0' ptoWsbn above,
Fixed Recd Preherred Lcans. If your bon is a fixed re18 ban and you qua5y nor a pfeerred rote. your ANNUAL PE. RCENTAGE RATE will be the preferred ANNUAL
PERCENTAGE RATE Ciscbsetl above IDr a51on as ur m aged s1aN5 remains In efleG.
Numbor oh Payments Amount of Payments PaymentFregtency When Payments Are Due Property Insurance: You may obtain property
in
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Your
Payment 119 $296.71 Monthly - Beginning 06101/2007 o
anyone w
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at
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the Credit un on. Ir-jou at the insurance from the
scnadw
Wilt be, 1 S295,3D Final Due - On 05101!2017 cre n union you wlll pay
$ NIA
Security: Collmeral socuning other loans with the credh union the goods or Ix ny Other
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1
w
p a
so secure mi5
0an. You are
giving a security Interest In F being purchased. [](Describe):
your shares andla tlepost in the credit union, and: t
Late Charge: If a payment Is late by 10 days or more you will Required Deposit Balance: The Annual Percentage Rate does Elting Fees Non-FiNng Insurance:
be charged a late 118ea of 6%of your scheduled payment. riot take Into account your required depose balance. If any. S WA $ WA
apayrnem:ypa Pay a .yid rid ova l0 pay a y.
o' m0irq 9e11rrlala. ea vpoW C«xrKn er rimy a mo kn 1 npnl»W- au _y a Xai reP r_ .13 «
via S2M01Xad dote aria prgmymma rtlureb and POnO- e
I I GIy1IL2n 1I MY Vr
AMOUNT FINANCED $
25,00D.D0
Amount Paid to others on your behalf (Describe) I
AMOUNT GIVEN TO YOU DIRECTLY $ 25,000.00 $'Be To Mwesata Life f To
$000 TO A9nnerera Lae $ TO
AMOUNT PAID ON YOUR ACCOUNTS $ To S 7o
$ To
d?
Fees
PREPAID FINANCE CHARGE $ 0.00 $ To Allied Solutions $ To Al ysdNkns
OTHER (Describe): 7 KUTZ ROAD CARLISLE PA 17015
and/or Deposits of 1 $ 1 1 $ I
You agree mat ono terms are cerotbns In the disclosure statement are the ban and Securty agredmens located on page 2 of this document shall apply to INS loan. 11 Isere is mono
than one bonOWer, we agree trial all the conditions of the ban and security agreements govemxg lhis ban shall apply to both O dly and saverolly. You acknowledge that you have
received a copy blithe ban and security agreements and disclosure statement. Co-signer, If you are Sig" as-sgnei, you acknowledge receipt of the notice to w•slgrer
comained on page 2.
R W R'S SIG T DATE CO- ?T []'OTHER O IER "CO-SIGNER GATE
v (SEAL6-.2-0 (SEAL)
? CO MAKER [] 'OTHER OWNER 0 "CO-SIGNER DATE [] CO-MAKER O'OTHER OWNER [] "C0-,51GNER DATE
X (SEAL) X (SEAL)
? CO-MAKER []'OTHER OWNER ? "CO-SIGNER DATE [] CO•MAKER []-OTHER OWNER [] "CO;SIGNER DATE
X (SEAL) X (SEAL)
-OME ROWRER. All Anon Mrs M • Peavry inv,nt Iwrrw Veit er r reav v Iax«I n tM,tfnve bwtee caaalwM aqa Mira Tire anar vane. newe sloe • corr.sv.loner aYipnaC b pry nit aeK loll urdvatareh aunt
aseevZ'._ev iwveam NemtblwN as e.yeYaa rose-11, Apewnvl.'CO.SI('JICR. upm areuM1 Masai can'onlvrxrr\,aanra as ra7new sent vie g„eraM«d.oy rM ea v.m ew en lie ion rM
prare« sows MrRVn to rAKn M v arv wAb ewwwae b erYbaby W. I
The rdlo-VquesOorrf, 1 one 2. mu be answered 1o det-Cwrar my (out) ei.96ility f« Insirance; -1'Ea5-.I ?.. 'Z'E$' !!?"'
1. (Applicable to tae brsraance coverage erey) will you be urtder age 70 n Ne xhaUAed maturey data d your Wit 7 ? ?
2. IAplxicaW Ill N 1.W" cw or p fat tare you be illo age TO n ace hxb me dn1 01 you pan AND oe you a esenry vYirg
Ml adtlahOme «w ps«rtni«]o hova«m«a pia WwYena haw hen ao wwkYlq «7D Yys«m«e orae Nis wta'rw ? T]
? ?
your ban ostorods S 25,00000 the Iulloaeg glxratpn muss also be aria W ti erd« o datermw el billty
7. During Like lasl hat, yyeGars. lawsyou ban medic iev ad-W of or Ireoted ter: Ca Mer. hors nKk or cerorlYy w, ;a aka ?? El ?
[ rMSK. WN IIMIYM DIX -y Syriac- IAI
Ac DSI or AIDS RoMSd C V IARCI7
My (wr) M IN a= gtnslbw we Iruo la tM beat of n (wI krgwladg rid bdial. ill my applic «t aruw«'No'to queanon t « 2, sus uMeraaq eat Nis peram is Hat elay'Oe 1« iwrance and
W l mp be nsurM. Y w-app•CSM or I orswOr'VOS' 1o ueSliOn 7, ova WWen9Md thY urn w0 pgWe fdr JXXX a up to W -mount not acwdng 51.00.
Tnn MKtiva date d my IOUrI Imurnca suit Ice trip derv bl ono apyiangen, Any Person v ho YrgwYgly std with kxoM 1o dafnud any msurncd eortlpeny «dh« Person riles n airttrreicatian r« in5l -s
«Xipternnl Of OAIm CnlM1nwg ny mMer Ntly IplSe mlofrne tars or mnCw15 tar Nn plapos0011 mdlMOing. inf«meritn COnrMnmq ww le<I malnal Ihaxwn COnxnRS a hetlNNnm kslrarce act.
which Is a uime and sub7ens such person to IalmlraX and civil prnaltles. Do rot sign tM5 application Y errryny opplkebk apecas eta blank. This applicadn wig ram i Ile used In co-11 all applicablo
bunk spats haw rid been comple ted lho debtor has rot signed and dated aw application and If Ole app, atlon has rim bent witnessed.
CREDIT INSURANCE APPLIED FOR: NOTE: ONLY ONE APPLICANT MAY APPLY FOR DISABILITY COVERAGE.
I
? Yes Q No Single Credit Life Total Premium ? Yes Q No Credit Disabilty Total Premium
? Yes Q No Joint Credit Life
Indicate which appNCent(s). ? Applicant ? Co-Applicant $ 0.00 Irokato which apptkent(s): ? 0.ppYCant ? Co•Applkant ! $ 0.00
DATE
MMC-97.6200 37 LASER WORD F, 43769 Rev. 141
.S-..?- _p
y7wws. Inc. Nl rgnK reswvvl.
Exhibit "A"
PATRICIA A ALEXANDER
410
NA MEDSASABOORRROWNT THE WORDS "CREDIT UNION' MEANS MEMBERS 1ST FEDERAL CREDIT UNION. THE WORDS 'YOU.
LOAN AGREEMENT SECURITY AGREEMENT
'aymentVFinance Charges: For value received, you promise to pay, at 1. To secure t of I
he Credit Union's ofte, alit amounts due. All payments shall be made union In c?nar?xta an suit
pursuant to the disclosure statement on pa 1 of this document. You ggr?attocredh untc
understand that the finance charge and total of oavinents shown an oaae 1 9.142 _ _ t ??gTAI
0 made On the scheduled due (isles. and, if you have qualifi8d for
trred retq that yyou continuE to satisfy the conditions of that preferred
N You fav to pay any installment by the [ime k is due, you wdl pay
io7at interest of[ the overdue amount.
cation of Payments and Additional Payments: Payments and
is shall be applied in the following order, any amounts past due; any
or charges owing, including any Insurance premiums: accrued interest
lance Charges: outstanding pdnclpal. Payments made in addition to
larly scheduled payments shah be applied in the same order.
erred Rate: If you qualify for a_ preferred rate as disclosed on owe 1 of
Increase. thereby extending the terms ofyour loan. You, promise to continue
making payments and to meet all Dbll atibns udder this Agreement even if
you no longer receive tha preferred re a,
Late Charges: II You make a late payment. you agree to pay a late charge
I one is dt a on page 1 of this ocument.
to rty Inswance: If you obtain a loan secured by a motor vehicle or
orher tantjible r t , you must obtain insurance which protects the credit
union from Iirtneo?efI The amlarnt and coveragqe of the property
Insure , must be acceptable to the credit union. Such a poli must
provide at leas) pre, then. combned additional coverages and onision
Insurarx:¢¢. It must contain a Loss Payable clause endorsement naming the
credit urNOn as lien holder, You may obtain this insurance from anY aaeat of
your licy C. hace and direct the agent to send the credit union a copy of lh8
po
Debtor Responsibility: You promise to notify credit union d any change in
your name address a employment. You pro ruse not to apply for a loan f
You know there is a reawnable probabilit that yqu will be unable to repay
yyour obA according to the terms of 1?1e credo extension. You promise
fo itdorm _ad, aedtt union of any new nfamation wtuch relates to your ability to
repay your oblgation. You pranise not to suDmlt false or inaccurate
nformation or Willfully conceal info malign regarding your creditworthiness,
credit standing, a credit capacity.
Statutory Lien: f u are in default. federal law give; the credit union the
right to apply the b8lance of shares and/or dividends in Your account(s) at
the lime o1 defauf to satisfyv this loam. Once you are in velaull the cred'a
union may exercise this rigTtt without further notice to you.
Dela in Enforcement: Credit Union mu dela enforcing any of the credit
urn Ivrigfas under this agreement wkhoul lost- them.
Irregular Payments: The credit ungn may accept late pa menu a partial
full, without fusing any of the
P' a-' even the It marked'pa ant in
crcn unon rights urger this agreer?ient.
Ca-makers: If you are sIgWing this agreement as a co-maker, you agree to
be equablyy r??sponslble Seth the borrower, but
the credit union ma we
either a Doth of you. The _ad. union does not have to nodsy yol?that to s
a _a_ has riot been paid. The credit union may extend the terms o1
p ym em and release anyy security without notifying or releasing you from
,a ponsibilxy on this agreement.
05102/2007
AND 'YOURS* MEAN THOSE
i
any
2. Vou .An not errs-ge the patio- 06 Sell or transfer the collateral tnless you have
the credit union's prkx written consent
3. You warrant that rhhave seed title to t'hexcoast
rot Inge of al secuk interests -10 mei am afil?wo°utCOllatuera?l wl a has s Baines tmile0ag??emen?i [ne'm"dlfal
ace.
4. You suite pa all tares, asssessrnems. rind liens 'inu or attached te the arty I ho Awwti adadsl,?e ek i. ur a aate?e t aoktoc?nalien aarl?irt` siat?rmcrnsa?rl?lsecar a loan
g¢Remo amondppe sat tM ere a unions r quest and w?l an
properly
agalost averse thud party claims
5. u?u+al maintain insurarc to cover an vehicle a} a r C ym whlydt the
union s a securk =s t. TWInsuptme edit IOlirtertrl and an
amount Sails IQ llt?unbn You will suodY the uetla union with proof
a sue- hsaIs hill at sums ovl d iq credit ynldA and secured %this
era rem it fall m suchIrqurM , credo urn n ma lM
a i ukq . abt9Mims her10ma Ke o? our sum antl add title rnst of such m?he
sums his cost Sete bear interest a1 the wnbact r until paid. You further
assiggn to the credit uMm the nnM to receive IM proceeds of env Insurance on
su r8u?v, f o lfect anY_irlYuml pay those. scads dip ly to c t
unopnoV4ae t r rte a union to se a pM che4k a tl9raR wMldcd as
the Breda unbn SuC surana. and apply those proceeds to the s1Pms owed to
Y x, nce
X the nCtr esshaa, ni=ne n for cvaenlcaatioav W adequ bra coveraServge.ice Censer
vvu acknpwleeddcece ddraatt InstxanCO or any. therrV placetl W title credit
urfon is wliheul3eneaa to you Ind{Htlually txa Is primarily rd Ine protection or the
Uedlt union. ,
6. 3Aquld thq prison union feel at any tIm7 that the sectlr4y resented has
unmr5h m va W. of far env m spit coal thpl eddaRfrgf seamyy rs repukcQ p
sBoqrres to asyon o mtl unto wilmn ten [lot dayvs a, edOkOna seturifyau
me credit union ferss Is necessary to protect the'tredit union against possible
less.
7.
10.
Contractual Pledge of Shares: You pledge all your shares and deposits In the
credit union. Including future additions. as security nor this loan. In case you
default, the credit union may apply these shares and deposits to the payment
of all sums due at the time of default. Including costs of collection and
reasonable attorney's fees, that the credit union may incur, up to 20% of the
unpaid principal and interest. No lion or right to Impress a Ilan on shares and
deposits shall apply m arty of your shares which may be held in an' Individwl
Re[Irement Account ' a" Keogh Plan.'
6100 2199
You are being asked to uarantee this debt. Think carefulryry before you do. If the borrower doesn't pay the debt, you will have to. Be sure you can afford to
Cu f you have to. and t?iat you want to accept this resporfsidlrty.
Yomay have to pay up to l e 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 pollect this debt from Xou without first trying to collect from the borrower. The creditor can use the same collection methods against you that
rceecord. Tsheis n yices'tstnd ihooR Lonliaciihhat make ?jou kaI rr sop Uieyobwages, etc. If this deal is ever in default, that fact may bee i a pan of your credit de.
F.437691/02
APPRO Syslmt•, Ina.. 224-1w8
Page 2 of 2
I
The C dk union 6 pier, ?ebY mpowahid as trout Anornnoorr.In•Fecl to oedam enfyr
ass N11 h the aecll leek are recessa f to prated the collateral and l e
Seax4y Interest which dt agreement Cieata5
If them is more than errs gorrowa, ur ootleatlans under this apeemenl are
loin entl several, each being equall?arespon55ible to lulfdl the lerlhs c this
greeme..
Thy SeGUnllyy a reemenl rot only binds you, bA ; r exCCtrlbf5. adminlstrolas.
heirs, end assl?ns. YOU
i
PARCEL #: 31 09 0519 007
THIS DEED
MADE THE 3OT-- day of 72??vcl. , in the year of our Lord Two Thousand One
(2001)
BETWEEN DENNIS J. LITTLE AND CATHY R. LITTLE, husband and wife, of
Cumberland County, Pennsylvania, hereinafter
(Grantors)
and TIMOTHY ALEXANDER AND PATRICIA ALEXANDER, husband and
wife, of Cumberland County, Pennsylvania hereinafter
(Grantees)
WITNESSETH, that in consideration of Fifty-five Thousand Dollars and 00/100
($55,000,00) in hand paid, the receipt whereof is hereby acknowledged; the said
grantors do hereby grant and convey to the said grantees, their heirs and assigns
as tenants by the entireties.
ALL that certain tract of land with the improvements thereon erected situate in
Penn Township, Cumberland County, Pennsylvania, bounded and described as
follows:
BEGINNING at an existing parker kalon nail at the centerline of Kutz Road (r-432),
at the dividing line of lot of land now or formerly of Wayne Dellinger and Lot 1 as
shown on the hereinafter mentioned Subdivision Plan; thence along said
centerline North 48 degrees 32 minutes 09 seconds West a distance of 160.61 feet
to a point at the dividing line of Lot 2; thence along said dividing line, North 49
degrees 56 minutes 52 seconds East a distance of 190.66 feet to a set concrete
monument; thence North 48 degrees 32 minutes 09 seconds West, a distance of
75.00 feet to a point; thence North 41 degrees 27 minutes 51 seconds East, a
distance of 85 feet to a set iron pin at the dividing line of Lot 3; thence 'along said
dividing line; South 48 degrees 32 minutes 09 seconds East, a distance of 72.00
.feet to a point; thence North 41 degrees 27 minutes 51 seconds East, a distance
of 58.88 feet to a point; thence South 48 degrees 32 minutes 09 seconds East, a
distance of 126.27 feet to an existing iron pipe at lot of land now or formerly of
Wayne Dellinger aforesaid; thence along said lot of land South 39 degrees 52
minutes 39 seconds West, a distance of 332.58 feet to a point, the place of
BEG(NNING,
BEING Lot i as shown on the minor Subdivision Plan for Dennis J. Little dated
September 29, 1999, and recorded in Plan Book 80, Page 85. '
CONTAINING an area of 1.1 9,73 acres and improved with a two stor'frame house
known as 7 Kutz Road.
Exhibit "B"
. r
4• r
I
i
BEING part of the same premises which Melvin Glenn Hollingshead and Laura R.
Hollingshead, by Deed dated May 8, 1997, which Deed is recorded in the office
of the Recorder of Deed sin and for Cumberland County in Deed Book 157, page
349, granted and conveyed to Dennis J. Little and Cathy R. Little, husband and
wife, Grantors herein. '
AND the said Grantors hereby covenant and agree that they will warrant
specially the property hereby conveyed, '
Prepared By: Members 1st FCU
5000 Louise Drive
Mechanicsburg, PA 17055
-RV o: Members 1st FCU
Real Estate Department ?(? ?C n29
5000 Louise Drive I'lhy 30 Mechanicsburg, PA 17055
(717)-795-6026
OwCtC-i?-- 3(-Oq-a5(q-007
MORTGAGE
Made 05/02/2007
Between
TIMOTHY ALEXANDER AND PATRICIA ALEXANDER 1 cum,>?
(hereinafter called 'N!o-r-tg`a-g-or7
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") o even date herewith, payable to the order of Mortgagee in the principal sum of
$ 25.000.00 , 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 PENN
TOWNSHIP , Cumberland County, Pennsylvania
SEE EXHIBIT A V"
which currently has the address of 7 KUTZ ROAD
[Street]
Carlisle Pennsylvania
[City]
Aces No ' 06DV"' AppID 20141001
BK i 993PG4563
17015
[Zip Code]
Page 1 of 4
Exhibit "C"
Together with the buildings and improvements erected thereon, the appurtenances thereunto
belonging and the reversions, remainders, rents, issues and profits thereof.
To Have and To Hold the same unto Mortgagee, its successors and assigns, forever.
Provided, However, That if Mortgagor shall pay to Mortgagee the aforesaid debt or principal sum,
including additional loans or advances and all other sums payable by Mortgagor to Mortgagee hereunder
and under the terms of the Note, together with interest thereon, and shall keep and perform each of the
other covenants, conditions and agreements hereinafter set forth, then this Mortgage and the estate hereby
granted and conveyed shall become void.
This Mortgage is executed and delivered subject to the following covenants, conditions and
agreements:
(1) The Note secured hereby shall evidence and this Mortgage shall cover and be security for any
future loans or advances that may be made by Mortgagee to Mortgagor at any time or times hereafter and
intended by Mortgagor and Mortgagee to be so evidenced and secured, and such loans and advances shall
be added to the principal debt.
(2) From time to time until said debt and interest are fully paid, Mortgagor shall: (a) pay and
discharge, when and as the same shall become due and payable, all taxes, assessments, sewer and water
rents, and all other charges and claims assessed or levied from time to time by any lawful authority upon
any part of the mortgaged premises and which shall or might have priority in lien or payment to the debt
secured hereby, (b) pay all ground rents reserved from the mortgaged premises and pay and discharge all
mechanics' liens which may be filed against said premises and which shall or might have priority in lien
or payment to the debt secured hereby, (c) pay and discharge any documentary stamp or other tax,
including interest and penalties thereon, if any, now or hereafter becoming payable on the Note
evidencing the debt secured hereby, (d) provide, renew and keep alive by paying the necessary premiums
and charges thereon such policies of hazard and liability insurance as Mortgagee may from time to time
require upon the buildings and improvements now or hereafter erected upon the mortgaged premises,
with loss payable clauses in favor of Mortgagor and Mortgagee as their respective interests may appear,
and (e) promptly submit to Mortgagee evidence of the due and punctual payment of all the foregoing
charges; provided, however, that Mortgagee may at its option require that sums sufficient to discharge
the foregoing charges be paid in installments to Mortgagee.
(3) Mortgagor shall maintain all buildings and improvements subject to this Mortgage in good and
substantial repair, as determined by Mortgagee. Mortgagee shall have the right to enter upon the
mortgaged premises at any reasonable hour for the purpose of inspecting the order, condition and repair
of the buildings and improvements erected thereon.
Acct No AppID 20141001 Page 2 of 4
O I99'JPGLr564
(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
$200, whichever is the larger amount. Mortgagor hereby forever waives and releases all errors in said
proceedings, waives stay of execution, the right of inquisition and extension of time of payment, agrees
to condemnation of any party levied upon by virtue of any such execution, and waives all exemptions
from levy and sale of any property that now is or hereafter may be exempted by law.
(7) Upon payment of all sums secured by this Mortgage, this Mortgage and the estate conveyed shall
terminate and become void. After such occurrence, Mortgagee shall discharge and satisfy this Mortgage.
Mortgagor shall pay any recordation costs. Mortgagee may charge Mortgagor a fee for releasing this
Mortgage, but only if the fee is paid to a third party for services rendered and the charging of the fee is
permitted under Applicable Law.
The covenants, conditions and agreements contained in this Mortgage shall bind, and the benefits shall
inure to, the respective parties hereto and their respective heirs, executors, administrators, successors and
assigns, and if this Mortgage is executed by more than one party, the undertakings and liability of each
shall be joint and several.
Acct No ApplD 20141001 Page 3 of 4
SK 1993PG4565
Witness the due execution hereof the day and year first above
TIMOTHY
Commonwealth of Pennsylvania
County of CfJVMIPLAND
this, the 2nd day of MAY
'? f fit - -c L?J the unde
IA ALEXANDER
ss:
_2007 , before me,
, personally appeared
satisfactorily proven to me to be the person(s) whose name(s) is/are subscribed to the within Mortgage, and
acknowledged that he/she executed the same for the purposes therein contained.
In Witness Whereof, I hereunto set my hand and official seal.
My commission expires:
OF P
ravis, Notary Publlp
q"Omber, otarial Seal
P Cwnbe?land Certificate of Residence Mortgagee
g$geg
xpir" dipt, 290
+
B?gMOWWit Union, Mo rtgagee within named, hereby certifies that its residence
is 5000 Louise Drive, Mechanicsburg, PA 17055.
Acct No AppID 20141001
Page 4 of 4
8K 1 91), : PG-b?566
EXHIBIT A
All that certain property situated in the
in the County of Cumberland, Commonwealth
and being described as follows: 31-09-051
fully described in a deed dated March 30,
April 04, 2001, among the land records of
State set forth above, in Deed Volume 242
Township of Penn,
of Pennsylvania ,
9-007. Being more
2001 and recorded
the County and
and Page 181.
Permanent Parcel Number: 31-09-0519-007
TIMOTHY ALEXANDER AND PATRICIA ALEXANDER, HUSBAND AND WIFE
7 KUTZ ROAD, CARLISLE PA 17015
Loan Reference Number 201410
First American Order No: 12063066
Identifier: FIRST AMERICAN LENDERS ADVANTAGE
ALEXANDER
12063066 PA
FIRST AMERICAN LENDERS ADVANTAGE
MORTGAGE
1111111111111111111111111111111111111111111111111111
When recorded mail to:
I'IR4T AjIfERICAN TITLE INS URA NCE
LENDERS ADVANTAGE
1100 SUPERIOR AVENUE, SUITE 200
CLEVELAND, OHIO 44114
ATTN. FT1120
o
.j3p 567
(Rev. 9/2008)
Date: April 27, 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 lour home This Notice explains how the program works.
To see if HEMAP can help von must MEET WITH A CONSUMER CREDIT COUNSELING
AGENCY WITHIN 33 DAY OF THE DATE OF THIS NOTI E Take this Notice with you
when you meet with the Counseling Agency.
The name, address and phone number of Consumer Credit Counseling Agencies serving ?r
oun are listed at the end of this Notice If you have any questions ou may call the
Pennsylvania Housine 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"
Page I of 5
HOMEOWNER'S NAME(S): TIMOTHY ALEXANDER
PATRICIA ALEXANDER
PROPERTY ADDRESS: 7 KUTZ ROAD
CARLISLE, PA 17015
LOAN ACCT. NO.: 305009 - 01
ORIGINAL LENDER: Members 1" Federal Credit Union
CURRENT LENDER/SERVICER: Members 1" Federal Credit Union
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIG IBLE F OR F IN AN CIAL ASSIST ANCE
WHICH CAN SAVE YO UR HO ME FR OM FORE CLOS URE AND
HELP YO U MAKE FUTUR E M OR TG AGF, PAYM ENTS
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 AN I S -- 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 count
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 t_ date.
NATURE OF THE DEFAULT --The MORTGAGE debt held by the above lender on your property located at:
7 KUTZ ROAD
CARLISLE PA 17015
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: $247.26 for 02-01-09, $296.40 for 03-01-09 and $296.40 for 04-01-09.
Other charges (explain/itemize):
TOTAL AMOUNT PAST DUE: $840.06
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 $ 840.06
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 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 date of this letter: (Do
not use if not applicable.)
Page 3 of 5
IF YOU DO NOT CURE THE DFFAiTi T--If you do not cure the default within THIRTY (30) DAYS of the date of
this Notice, the lender intend 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 FoRFCi,oS n UPON -- The mortgaged property will be sold by the Sheriff to pay off the
mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal
proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to
$50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually
incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender,
which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period. you will
not be rea fir d to pal attorney's cgs.
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 SA r• -- If you have not cured the default within the
THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and
prevent the sale at any time up to one hour before the Sheriffs Sale You may do so by paying the total amount then past
due, plus any late or other charges then due reasonable attorney's fees and costs connected with the foreclosure sale and
any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other
requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your
mortgage to the same position as if you had never defaulted.
EARLIEST POS IB SHERIFF'S A DAT -- 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 1" Federal Credit Union
Address: 000 Louise Drive
Mechanicsburg- PA 17055
Phone Number: (717) 795-5133 nr (800) 783-2398 Ext 5133
Fax Number: (7171795-5207
Contact Per on: Dave Thomas
E-Mail Address: homasdnmemberslst ore
EFFECT OF SHERIFF'S SAL F -- 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-6
• 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 .ounceli g, Agocies listed in Aggendix C FOR THE CO NTY in which theprojler i
located, using additionalpgg iLnec?e saaI,
Certified Mail # 9171082133393623549272
Page 5 of 5
YOU MAY ALSO HAVE THE RI HT•
• 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 C EDI O N LIN AGENCIES SERVING YOUR COUNTY
(Fill in a list of all Counseling Agencies listed in Aggendix C FOR THE COUNTY in which the Rro12erty is
located. using additional nagger{f necessary).
Certified Mail 9 91710821333936235479289
Page 5 of 5
HEMAP Consumer Credit Counseling Agencies
CUMBERLAND County
Report last updated: 10/15/2007 10:03:08 AM
nuanra %,vunry rnterrann mousing Autnority
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
• ' , Servicemembers Civil U.S. Department of Housing MB Approval No. 2502-0565
Relief Act and Urban Development (exp 4/30/2007)
Notice Disclosure Office of Housing
Legal Rights and Protections Under the S RA
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 Mav Be Entitled to Legal Protections Under the S A?
• 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 rvncemember Entitled To Under the SC'RA?
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 Servic m mb r or Denendent Request Relief Under the SC'RA?
• 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 1" Federal Credit Union, ATTN:
Arlanda Dintaman, 5000 Louise Drive, Mechanicsburg, Pennsylvania, 17055. The
phone number is toll free (800) 283-2328.
How Doe a rvic memb r or Dependent Obtain Information About the SCA9
The U. S. Department of Defense's information resource is "Military OneSource".
Website: http://www.militaaonesource.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 of mil/content/]ocator PhD
form HUD-92070
(2/2007)
JUN-23-2UU9 TUt U8:n HM Pl>rfjl3tx6 161- ?UU rHA NU. IIIIUbt)nI r, u1
' Form 3877
Page: 1
Mailer's Name and Address: Permit Number:
Members 1st Federal Credit Union MAC Cert. Ver. Num.
9223844001 SendSuhc -MAC v6.00.5.01
5000 Louise Dr
MECHANICSBURG, PA 17055 Sequence Number.
0000217
PC ID #/ Addressee Name Postage ES ES
Article # DOOV ry Address Tnsur Due Total
--------- ..__ - Type Fee !d Sande Charge
Z900000011182
9171082133393623549272 TIINOTHY M ALEXANDER'S
7 KUTZ ROAD 0.590 C
2.700 0
00
CARLISLE, PA 17015
ERR .
4.290
1.000
Z900000011184
' PATRICIA A ALEXANDER ?
9171082133393623549289 Y KUTZ ROAD 0.540 C 2.700 0.00 4
290
CARLISLE, PA 17015 ERR .
11..000
Page Totals: 13
6.310 48.100 54.410
Cum Totals: 13 6.310 48.100 54.410
Form 3877 (Facsimile) Sendsuite - MAC v6.00.6.01,1
Exhibit `6E"
JUN-23-2009 TUE 08:23 AM MEMBERS 1ST FCU
Farm 3077
.der•s Name and Address: Permit Number.
Umbers 1 st Federal credit union 9223844001
-000 Louise Dr Sequence Numt
AECHANICSBURG. PA 17055 0000217
Oc ID */ Addressee Name Postage 05 ES lnsur Due Total
`rticle 0 Delivery Address Type Fee ed Sande Charge
FAX NO. 7177955207 p, 02
Pape; 2
mAC cen. ver. Num.
SendSuite - MAC v6.00.6.01 J
WTUR111 SERWCE + sen. ??
pp?? j?am( 9 ?W pnwv saw"W
00042660959 APR 27 2009
W.tL.fD FROM. ZIPC-O M 1 7055
aaQe Totals: 0
:um Totals: 13
R RMUES It
0.000 0.000
6.320 _41x1110
OWN
r
g AF e-,-: -9L
02 1M $ •02•W°
0004250958 APR 27 2009
MAILED FROM ZIPCODE 7455
0.000
54.410
Total Number of Pieces R.occivnd: 13
;a1g;-V
Sipaturc of Receiving Employee
LISPS CERTIFICATION '
Round S IP N
Form 3877 (Facsimile) SendSuite - MAC v6.00.6.01 i
1 •
. L1WL11 LJINIVf4 • .
PLAINTIFF
Vs.
TIMOTHY ALEXANDER a/k/a
TIMOTHY M. ALEXANDER and
PATRICIA ALEXANDER a/k/a
PATRICIA A. ALEXANDER
DEFENDANTS
.,; 'UUNW- LKL,AND. UUUNTY,
PENNSYLVANIA
NO.:
CI'V'IL ACTION-LAW-MORTGAGE
:FORECLOSURE
VERVICATION
I, Arlanda Dintammi, Collateral Liquidation Specialist for Members I" Federal
Credit Union, being authorized to do so on behalf of Members 1 st Federal Credit Union,
hereby verify that the statements made in the foregoing pleading are true and correct to
the best of my information knowledge and belief. -I understand that false statements are
made subject to the penalties of 18 Pa. C.S.A. Section 4944, relating to unswom
falsification to authorities.
Members 1 " Federal Credit Union
Sy:
Arlanda. Dintaman, Collateral
Liquidation Specialist
.s.
6
f `t r IP ?
46- -' j? y'
d ?/?
Sheriffs Office of Cumberland County
R Thomas Kline €:arar{G?? Edward L Schorpp
Sheriff''' ?'rix?ry
Solicitor
Ronny R Anderson Jody S Smith
Chief Deputy C, FFIC;E Civil Process Sergeant
Members 1st FCU
vs. Case Number
Timothy Alexander 2009-4285
SHERIFF'S RETURN OF SERVICE
06/27/2009 09:46 AM - Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on June
27, 2009 at 0946 hours, she served a true copy of the within Complaint in Mortgage Foreclosure, upon the
within named defendant, to wit: Timothy Alexander, by making known unto himself personally, defendant
at 7 Kutz Road Carlisle, Cumberland County, Pennsylvania 17015 its contents and at the same time
handing to him personally the said true and correct copy of the same.
06/27/2009 09:46 AM - Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on June
27, 2009 at 0946 hours, she served a true copy of the within Complaint in Mortgage Foreclosure, upon the
within named defendant, to wit: Patricia Alexander, by making known unto Timothy Alexander, husband of
defendant at 7 Kutz Road Carlisle, Cumberland County, Pennsylvania 17015 its contents and at the same
time handing to him personally the said true and correct copy of the same.
SHERIFF COST: $49.84 SO ANSWERS,
June 29, 2009 R THOMAS KLINE, SHERIFF
Deputy Sheriff
n
C o
w ; {+Y C Z
h
Karl M. Ledebohm, Esquire
P.O. Box 173
New Cumberland, PA 17070-0173
(717)938-6929
MEMBERS 1 IT FEDERAL
CREDIT UNION
PLAINTIFF
Vs.
TIMOTHY ALEXANDER a/k/a
TIMOTHY M. ALEXANDER and
PATRICIA ALEXANDER a/k/a
PATRICIA A. ALEXANDER
DEFENDANTS
TO THE PROTHONOTARY:
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY,
: PENNSYLVANIA
: NO. 09-4285 Civil
: CIVIL ACTION -LAW
: MORTGAGE FORECLOSURE
PRAECIPE
Please enter judgment in the above captioned proceeding in favor of Members 0
Federal Credit Union, Plaintiff, and against the Defendants, Timothy Alexander a/k/a
Timothy M. Alexander and Patricia Alexander a/k/a Patricia A. Alexander, in the amount
of TWENTY-FIVE THOUSAND FIVE HUNDRED SEVENTY-SIX AND 94/100
($25,576.94) plus interest at the legal rate on and after entry of judgment until the date of
payment, additional attorney's fees and costs of suit and for foreclosure and sale of the
mortgaged property. Judgment is entered pursuant to Pa. R.C.P. 3031 for failure to file
an Answer on behalf of Defendants, Timothy Alexander a/k/a Timothy M. Alexander and
Patricia Alexander a/k/a Patricia A. Alexander, to Plaintiffs Complaint within twenty
(20) days of service thereof and after a 10-day Notice was sent.
.y
Date: August 11, 2009
1 M. Ledebohm, Esquire
Supreme Court ID #59012
P.O. Box 173
New Cumberland, PA 17070-0173
(717)938-6929
Attorney for Plaintiff
I hereby certify that notices of intent to take default judgment were forwarded to
Timothy Alexander a/k/a Timothy M. Alexander and Patricia Alexander a/k/a Patricia A.
Alexander by United States Mail, first class, postage prepaid on July 21, 2009. The
aforesaid notices were contained within an envelope bearing the return address of the
undersigned. The notices have not been returned to the undersigned as undeliverable or
otherwise. A copy of the notice and Postal Forms 3817 are attached hereto and marked
Exhibit "A".
Ledebohm, Esquire
Karl M. Ledebohm, Esquire
P.O. Box 173
New Cumberland, PA 17070-0173
(717)938-6929
MEMBERS 1sT FEDERAL
CREDIT UNION
PLAINTIFF
Vs.
TIMOTHY ALEXANDER a/k/a
TIMOTHY M. ALEXANDER and
PATRICIA ALEXANDER a/k/a
PATRICIA A. ALEXANDER
DEFENDANTS
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
: NO. 09-4285 Civil
CIVIL ACTION -LAW
MORTGAGE FORECLOSURE
IMPORTANT NOTICE
TO: Timothy Alexander a/k/a Timothy M. Alexander
Patricia Alexander a/k/a Patricia A. Alexander
7 Kutz Road
Carlisle, PA 17015
PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, I AM
REQUIRED TO INFORM YOU THAT THIS LETTER AND ANY SUBSEQUENT
CORRESPONDENCE OR COMMUNICATION IS AN ATTEMPT TO COLLECT A
DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT
PURPOSE.
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION
REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS
FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST
YOU WITHOUT A HEARING, AND YOU MAY LOSE PROPERTY OR OTHER
IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT
ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN
GET LEGAL HELP.
Exhibit "A"
..
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166 or (800)990-9108
Date: July 21, 2009
rV?,A
Aar] M. Ledebohm, Esq.
Supreme Court ID #59012
P.O. Box 173
New Cumberland, PA 17070-0173
(717) 938-6929
Attorney for Plaintiff
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Karl M. Ledebohm, Esquire
P.O. Box 173
New Cumberland, PA 17070-0173
(717)938-929
MEMBERS 1sT FEDERAL
CREDIT UNION
PLAINTIFF
Vs.
TIMOTHY ALEXANDER a/k/a
TIMOTHY M. ALEXANDER and
PATRICIA ALEXANDER a/k/a
PATRICIA A. ALEXANDER
DEFENDANTS
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
: NO. 09-4285 Civil
: CIVIL ACTION -LAW
: MORTGAGE FORECLOSURE
NOTICE OF JUDGMENT
PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, I AM
REQUIRED TO INFORM YOU THAT THIS LETTER AND ANY SUBSEQUENT
CORRESPONDENCE OR COMMUNICATION IS AN ATTEMPT TO COLLECT
A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT
PURPOSE
TO: Timothy Alexander a/k/a Timothy M. Alexander
7 Kutz Road
Carlisle, PA 17015
Patricia Alexander a/k/a Patricia A. Alexander
7 Kutz Road
Carlisle, PA 17015
2009 the following
You are hereby notified that on 4L 12.
judgment has been entered against you in the a e captioned case:
1
Judgment in favor of Members I" Federal Credit Union, Plaintiff, and against the
Defendants, Timothy Alexander a/k/a Timothy M. Alexander and Patricia Alexander
a/k/a Patricia A. Alexander, in the amount of TWENTY-FIVE THOUSAND FIVE
HUNDRED SEVENTY-SIX AND 94/100 ($25,576.94) plus interest at the legal rate on
and after entry of judgment until the date of payment, additional attorney's fees and costs
of suit and for foreclosure and sale of the mortgaged property. Judgment is entered
pursuant to Pa. R.C.P. 3031 for failure to file an Answer on behalf of Defendants,
Timothy Alexander a/k/a Timothy M. Alexander and Patricia Alexander a/k/a Patricia A.
Alexander, to Plaintiffs Complaint within twenty (20) days of service thereof and after a
10-day Notice was sent.
Dated:
U.WL4RdW1W - a
thonotary
I hereby certify that the proper person to receive this notice under Pa. R.C.P. 236
is: Timothy Alexander a/k/a Timothy M. Alexander
7 Kutz Road
Carlisle, PA 17015
Patricia Alexander a/k/a Patricia A. Alexander
7 Kutz Road
Carlisle, PA 17015
A: Timothy Alexander a/k/a Timothy M. Alexander
Patricia Alexander a/k/a Patricia A. Alexander
Por este medio se le esta notificando que el de
2009 el/la siguiente (Orden), (Decreto), (Fallo), ha sido anotado en contra suya en el caso
mencionado en el epigrafe.
Fecha:
Protonotario
Certifico que la siguiente direccion as la del defendido/a segue indicada en el certificado
de residencia:
Timothy Alexander a/k/a Timothy M. Alexander
7 Kutz Road
Carlisle, PA 17015
Patricia Alexander a/k/a Patricia A. Alexander
7 Kutz Road
Carlisle, PA 17015
Date: August 11, 2009
M. Ledebohm, Esquire
eme Court ID #59012
P.O. Box 173
New Cumberland, PA
(717)938-6929
Attorney for Plaintiff
17070-0173
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson RLED-CYR0E
Sheriff r: TH
ti'tr of cutro r"
Jody S Smith 400
Chief Deputy c7 P 10 PIN 12: 4 9
Richard W Stewart
Solicitor OFVC? - _ s-?sFF UNTY
Gl?«!+
pb?NSYLVANiA
Members 1st FCU Case Number
vs.
Timothy Alexander (et al.) 2009-4285
SHERIFF'S RETURN OF SERVICE
04/05/2010 04:08 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on 4/5/10
at 1550 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the
above entitled action, upon the property of Timothy Alexander and Patricia Alexander, located at, 7 Kutz
Road, Carlisle, Cumberland County, Pennsylvania according to law.
04/06/2010 02:57 PM - Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on 4/6/1 Oat
1458 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above
entitled action, upon the within named defendant, to wit: Patricia Alexander, by making known unto,
Patricia Alexander, personally, at, 7 Kutz Road, Carlisle, Cumberland County, Pennsylvania its contents
and at the same time handing to her personally the said true and correct copy of the same.
04/08/2010 09:13 PM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on 4/8/10 at
2110 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above
entitled action, upon the within named defendant, to wit: , by making known unto, Timothy Alexander,
personally, at, 7 Kutz Road,Carlisle, Cumberland County, Pennsylvania its contents and at the same time
handing to him personally the said true and correct copy of the same.
06/01/2010 Property sale postponed to 9/8/2010.
09/01/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that this writ is returned
STAYED, per letter of instruction from Attorney Karl Ledebohm on 8/31/10.
SHERIFF COST: $847.18
September 02, 2010
SO ANSWERS,
RON R ANDERSON, SHERIFF
7
ic; CountySu.te Shenft, TE;IvoSoft _ Irc.
e
Karl M. Ledebohm, Esquire
P.O. Box 173
New Cumberland, PA 17070
(717)938-6929
MEMBERS 1sT FEDERAL
CREDIT UNION
PLAINTIFF
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
: PENNSYLVANIA
NO. 09-4285 Civil
Vs.
TIMOTHY ALEXANDER a/k/a
TIMOTHY M. ALEXANDER and
PATRICIA ALEXANDER alkla
PATRICIA A. ALEXANDER CIVIL ACTION -LAW
DEFENDANTS MORTGAGE FORECLOSURE
AFFIDAVIT PURSUANT TO RULE 3129.1
Members 1 st Federal Credit Union, plaintiff, in the above action, sets forth as of
the date the praecipe for the writ of execution was filed the following information
concerning the real property located in Penn Township, Cumberland County,
Pennsylvania, known and numbered as 7 Kutz Road, Carlisle, PA 17015.
Name and address of owner(s) or reputed owner(s):
Timothy Alexander a/k/a Timothy M. Alexander
Patricia Alexander a/k/a Patricia A. Alexander
7 Kutz Road
Carlisle, PA 17015
2. Name and address of defendant(s) in the judgment:
Timothy Alexander a/k/a Timothy M. Alexander
Patricia Alexander a/k/a Patricia A. Alexander
7 Kutz Road
Carlisle, PA 17015
3. Name and address of every judgment creditor whose judgment is a record lien on
the real property to be sold:
Members 1" Federal Credit Union
Attn.: Arlanda Dintaman,CLS
C(DPDY
a
5000 Louise Drive
Mechanicsburg, PA 17055
4. Name and address of the last recorded holder of every mortgage of record:
Members 1St Federal Credit Union
Attn.: Arlanda Dintaman
5000 Louise Drive
Mechanicsburg, PA 17055
MERS/HSBC Mortgage Corporation
2929 Walden Avenue
Depew, NY 14043
5. Name and address of every other person who has any record lien on the property:
6. Name and address of every other person who has any record interest in the
property and whose interest may be affected by the sale:
7. Name and address of every other person of whom the plaintiff has knowledge
who has any interest in the property which may be affected by the sale:
Cumberland County Tax Claim Bureau
One Courthouse Square
Carlisle, PA 17013
Domestic Relations
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
Capital One Bank USA, N.A.
c/o Gregg L. Morris, Esquire
Patenaude & Felix, A.P.C.
213E Main Street
Carnegie, PA 15106
Marcus A. McKnight, III
60 West Pomfret Street
Carlisle, PA 17013
Cumberland County Adult Probation
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
I verify that the statements made in this affidavit are true and correct to the best of
my personal knowledge or information and belief. I understand that false statements
herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to
unworn falsification to authorities.
Date: February 26, 2010
submitted,
? -1, ?/t'a LI J" - '
Karl M. Ledebohm, Esq.
Supreme Court ID #: 59012
P.O. Box 173
New Cumberland, PA 17070-0173
(717)938-6929
Attorney for Plaintiff
Karl A Ledebohm, Esquire
P.O. Box 173
New Cumberland, PA 17070
(717)938-6929
MEMBERS 1ST FEDERAL IN THE COURT OF COMMON PLEAS
CREDIT UNION CUMBERLAND COUNTY,
PENNSYLVANIA
PLAINTIFF
NO. 09-4285 Civil
Vs.
TIMOTHY ALEXANDER a/k/a
TIMOTHY M. ALEXANDER and
PATRICIA ALEXANDER a/k/a
PATRICIA A. ALEXANDER CIVIL ACTION -LAW
DEFENDANTS MORTGAGE FORECLOSURE
NOTICE OF SHERIFF'S SALE OF REAL ESTATE
To: Timothy Alexander a/k/a Timothy M. Alexander
Patricia Alexander a/k/a Patricia A. Alexander
7 Kutz Road
Carlisle, PA 17015
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 7 Kutz Road, Carlisle, PA 17015, as more particularly
set forth and described on Exhibit "A" attached hereto and made part hereof, is
scheduled to be sold at Sheriff's Sale on June 2, 2010 at 10:00 a.m. in the Office of
the Sheriff, Cumberland County Courthouse, South Hanover Street, Carlisle, PA
17013 to enforce the court judgment in the principal amount of $25,576.94 plus
interest at the legal rate, additional attorney's fees and costs of suit and foreclosure
and sale of the mortgaged property, obtained by the above named Plaintiff against
you.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriffs Sale, you must take immediate action:
1. The Sheriff Sale will be cancelled if you pay to the above named Plaintiff the
amount necessary to bring current the mortgage obligation evidenced by the judgment
plus costs and reasonable attorney's fees. To find out how much you must pay, you
may call Karl M. Ledebohm, Esquire, at (717)938-6929.
2. You may be able to stop the sale by filing a petition asking the Court to strike or
open the judgment, if the judgment was improperly entered. You may also ask the
Court to postpone the sale for good cause.
3. You may be able to stop the sale through other legal proceedings. You may need
an attorney to assert your rights. The sooner you contact one, the more chance you
will have of stopping the sale. (See notice below to find out how to obtain an
attorney.
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE
OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
1. If the Sheriff's Sale is not stopped, your property will be sold to the highest
bidder. You may find out the price bid by calling the Sheriff at the County
Courthouse.
2. You may be able to petition the Court to set aside the sale if the bid price was
grossly inadequate compared to the value of your property.
3. The sale will go through only if the buyer pays the Sheriff the full amount due
in the sale. To find out if this has happened, you may call the Sheriff at the
County Courthouse, which number is listed below.
4. If the amount due from the buyer is not paid to the Sheriff, you will remain
the owner of the property as if the sale never happened.
5. You have a right to remain in the property until the full amount due is paid to
the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer
may bring legal proceedings to evict you.
6. You may be entitled to a share of the money which was paid for your house.
A schedule of distribution of the money bid for your house will be filed by the
Sheriff on or before 2010 (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.
A--- M
. Ledebohm, Esquire
rup 1 M
reme Court ID #59012
P.O. Box 173
New Cumberland, PA 17070-0173
(717)938-6929
Attorney for Plaintiff
F
ALL THAT CERTAIN tract of land with the improvements thereon erected situate in
Penn Township, Cumberland County, Pennsylvania, bounded and described as follows:
BEGINNING at an existing parker kalon nail at the centerline of Kutz Road (T-432), at
the dividing line of lot of land now or formerly of Wayne Dellinger and Lot 1 as shown
on the hereinafter mentioned Subdivision Plan; thence along said centerline North 48
degrees 32 minutes 09 seconds West a distance of 160.61 feet to a point at the dividing
line of Lot 2; thence along said dividing line, North 49 degrees 56 minutes 52 seconds
East a distance of 190.66 feet to a set concrete monument; thence North 48 degrees 32
minutes 09 seconds West, a distance of 75.00 feet to a point; thence North 41 degrees 27
minutes 51 seconds East, a distance of 85.00 feet to a set iron pin at the dividing line of
Lot 3; thence along said dividing line, South 48 degrees 32 minutes 09 seconds East, a
distance of 72.00 feet to a point; thence North 41 degrees 27 minutes 51 seconds East, a
distance of 58.88 feet to a point; thence South 48 degrees 32 minutes 09 seconds East, a
distance of 126.27 feet to an existing iron pipe at lot of land now or formerly of Wayne
Dellinger aforesaid; thence along said lot of land South 39 degrees 52 minutes 39 seconds
West, a distance of 332.58 feet to a point, the place of BEGINNING.
BEING Lot 1 as shown on the minor Subdivision Plan for Dennis J. Little dated
September 29, 1999 and recorded in Plan Book 80, Page 85.
CONTAINING an area of 1.1873 acres, more or less, and improved with a two story
frame house known as 7 Kutz Road.
BEING the same premises which Dennis J. Little and Cathy R. Little, husband and wife,
by their deed dated March 30, 2001 and recorded in Cumberland County Deed Book 242,
Page 181, granted and conveyed unto Timothy Alexander and Patricia Alexander,
husband and wife.
TAX PARCEL #3109 0519 007
Exhibit "A"
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO 09-4285 Civil
COUNTY OF CUMBERLAND) CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due MEMBERS 15T FEDERAL CREDIT UNION,
Plaintiff (s)
From TIMOTHY ALEXANDER a/k/a TIMOTHY M. ALEXANDER and
PATRICIA ALEXANDER a/k/a PATRICIA A. ALEXANDER
(1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
DESCRIPTION.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $25,576.94 L.L. $30
Interest from 8/14/09 at the legal rate - to be determined
Atty's Comm % Due Prothy $2.00
Atty Paid $168.84 Other Costs
Plaintiff Paid
Dare: 315110
(Seal)
C
David D. Buell, Prothonotary
By:
Deputy
REOUESTING PARTY:
Name: KARL M. LEDEBOHM, ESQUIRE
Address: PO BOX 173
NEW CUMBERLAND, PA 17070
Attorney for: PLAINTIFF
Telephone: 717-938-6929
Supreme Court ID No. 59012
On March 22, 2010 the Sheriff levied upon the
defendant's interest in the real property situated in
Penn Township, Cumberland County, PA,
Known and numbered, 7 Kutz Road, Carlisle,
more fully described on Exhibit "A" filed with this
writ and by this reference incorporated herein.
Date: March 22, 2010
By:
eal state Coor inator
b Z :01 V 01 UVW OIQZ
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
COMMONWEALTH OF PENNSYLVANIA
. ss.
COUNTY OF CUMBERLAND :
Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and
State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law
Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid,
was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
viz:
April 16, April 23, and April 30, 2010
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are true.
Marie C(Wne, Editor
SWORN TO AND SUBSCRIBED before me this
0 da of Aril 2010
Notary
NOTARIAL SEAL
DEBORAH A COLLINS
NoWy Publk
CARLISLE BOROW- CUMBERLAND COtNiTY
My Comoftsion Expires Apr 2B, 2014
Writ No. 2OW4284 CMi
Members Iat FCU
vs.
Timothy Alexander a/k/a
Timothy M. Alexander
Patricia Alexander a/k/a
Patricia A. Alexander
Atty: Karl M. Ledebohm
ALL THAT CERTAIN tract of land
with the improvements thereon
erected situate in Penn Township,
Cumberland County, Pennsylvania,
bounded and described as follows:
BEGINNING at an existing parker
kalon nail at the centerline of Kutz
Road (T-432), at the dividing line of
lot of land now or formerly of Wayne
Dellinger and Lot 1 as shown on the
hereinafter mentioned Subdivision
Plan; thence along said centerline
North 48 degrees 32 minutes 09 sec-
onds West a distance of 160.61 feet
to a point at the dividing line of Lot 2;
thence along said dividing line, North
49 degrees 56 minutes 52 seconds
East a distance of 190.66 feet to a set
concrete monument; thence North 48
degrees 32 minutes 09 seconds West,
a distance of 75.00 feet to a point;
thence North 41 degrees 27 minutes
51 seconds East, a distance of 85.00
feet to a set iron pin at the dividing
line of Lot 3; thence along said divid-
ing line, South 48 degrees 32 minutes
09 seconds East, a distance of 72.00
feet to a point; thence North 41 de-
grees 27 minutes 51 seconds East,
a distance of 58.88 feet to a point;
thence South 48 degrees 32 min-
utes 09 seconds East, a distance of
126.27 feet to an existing iron pipe at
lot of land now or formerly of Wayne
Dellinger aforesaid; thence along
said lot of land South 39 degrees 52
minutes 39 seconds West, a distance
of 332.58 feet to a point, the place of
BEGINNING.
BEING Lot 1 as shown on the
minor Subdivision Plan for Dennis J.
Little dated September 29, 1999 and
recorded in Plan Book 80, Page 85.
CONTAINING an area of 1.1873
acres, more or less, and improved
with a two story frame house known
as 7 Kutz Road.
BEING the same premises which
Dennis J. Little and Cathy R. Little,
husband and wife, by their deed
dated March 30, 2001 and recorded
in Cumberland County Deed Book
242, Page 181, granted and conveyed
unto Timothy Alexander and Patricia
Alexander, husband and wife.
TAX PARCEL #31 09 0519 007.
;,A14ATV
ald4 *? ? ? :r}y
t6?V i;4 ?x k !i."
The Patriot-News Co.
2020 Technology Pkwy
Suite 300
Mechanicsburg, PA 17050
Inquiries - 717-255.8213
C(JMBERLA.NI) CO SH?_RIFFS OFFICE=
CUMBFRLANI) COUNTY COURT HOUSE
CARLISLE
PA 17013
ZNovi you know
THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
Under Act No. 587, Approved May 16 1929
3c;mmonwealth of Pennsylvania, County of Dauph(n) ss
Marianne Miller being duly sworn according to law, deposes and says:
That she is a Staff Accountant of The Patriot News Co_, a corporation organized and existing uncer the laws of the
Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Strefa i) the City of
Harrisburg, County of DaLinhin. State of Pennsylvania, owner and publisher of The Patriot.-News and I-hi; Sunday Patriot-News
newspapers of general circulation, printed and published at 812 to 818 Market :.street, in tine City, County and State aforesaid; that
The Patriot-News and The Sunday Patriot-News were established March 4th. t 854, and September ' 8ti., 'x09, respectively, and
all have been continuously published ever since;
T hat the printed notice or publication which is securely attached hereto is exactly as printed and Dublished in their regular
daily and; or Sunday/ Metro, editions which appeared on the date(s) indicated below. That neither she not said Company is
interested in the subject matter of said printed notice or advertising, and that all of the allegations of °nis ,'ta`.ernent as to the time,
place and character of publication are true, and
hat she has personal knowledge of the facts aforesaid and is duly authorized and empow& ec .o ? erif l this statement on
behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and aclopted severally by the
stockholders and board ;-,f directors of the said Company and subsequently duly recorded in the office f(,r the Recording of Deeds
in and fc-r sad County of +)auphin in Miscellaneous Book "M", Volume 14 Page 3^; 7.
PUBLICATION COPY
I
This ad ran on the date(s) shown below:
Sworn to and subscribed before me this 18 day of May. 2 )1
Notary Public
-OMMONWEALTH OF PENNlaYt VANIB
- --- -- Notarial Seal __ VA
Sherrie t_ Klsn r, !Votary "Wic
Lower Paxton rwp., Dauphin County
hey Commission Explres Nov, 26, 201,
04/16110
04/23/10
04/30/10
Memter, P^nnsylvamia Asscdation of Notan"
-Irit No. 2009-4285 Civil Term
Members 1st FCL
Vs,
Timothy Alexander
a/k/aTimothy M. Alexander
Patricia Alexander
a/k/a Patricia A. Alexander
Atty: Karl M. Ledebohm
THAI CERTAIN tract of land with 111
lprocemenis there<m erected situate in Pen
,vAnship, Cumberland Count,. Permsvlsarl:e
?,+mded and described as follows:
?FG(NNING at an existing parker kalon re,
the centerhnc of Kurz Road IT 3,21_ as ti;.
, idine fine of lot of land now ar formerly ; -
Wayne?Dellinger and Cot 1 & shown on th,
ereinaftet mentioned Suhdi?moil P1rn, thcnn
d0112 said centerline North 48 degreeS 32 mintn'
14 seconds West a didance ,I (6(1.61 test tr,
not at the dividim line ',1 Lot 3: thence aloc`
uld do iding line. North 49 deereev 56 nuirwc°
econds Last a distance of 190.66 toot to a
ncrete monument; thence North 4 s degree, 3:.
minutes 09 seconds'West. a distance of iS.OQ te,:;
i point: thence North 41 degrees - miouta
1sconds East. a distanu' 'It 85EN'i tCct 1.+
iron pin at the dividing line of lot then::.
' . "id fi, id n t a; 5- ah 4 d
nitrate, 09 sewmd? I:an.:, ,tan.: a surint, thcnu e tine lh !'
,,nd, East. a unt,.r, .
n,c South 48 &e IF Cc' IL
IIPt. d [lri[anCC ? I'O.'_j u.l , > 2in Ck'?h;1^ :',. ;.
.,?h ;I ltq U1 land Ilo4k of IJrlovrk o) q,.u
c1lower aforesaid: thenre alone said i< r ? • =s,
qtb?a9 deLreeS S'_ minutes 39 second, ti t
?,nrc of 3 ? 58 (, eo w,t point, the place
;,;tINN(N(.
' P.iNG Lot 1 rs shown on the nunor Suhdr. i,,v
°inn for Dennis. Little dated September 29. NQ'
=
Md recorded in Plan Book 80. Nee 85
ONTAINING an area of 1,1873 acres, more
., and improved utith a !,Ao story fratne hoes
u n a+ ? Kntz Road
^',.h.?.anr n niv," 11r1,I)enn
tlu,nwlo and "sifc 1 , P;; u
]: cti dated March 30. 2001 and recorded i;
lmrherland County Deed Book 242, Page I S
,anted and conwved undo Tnnotha ,glexan r
,M]'wriciaAlixand(L: hj.
,,X PARCEL t 3( Oy €? t,`