HomeMy WebLinkAbout09-5997Karl M. Ledebohm, Esquire
P.O. Box 173
New Cumberland, PA 17070-0173
(717)938-6929
MEMBERS I ST FEDERAL
CREDIT UNION
PLAINTIFF
Vs.
MARGARET MARY SPATZ a/k/a
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
: PENNSYLVANIA
NO. 09 - S9Q7 a-IV I k - ° rn
MARGARET M. SPATZ CIVIL ACTION -LAW
DEFENDANT 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.
Karl M. Ledebohm, Esq.
P.O. Box 173
New Cumberland, PA 17070
(717)938-6929
MEMBERS 1 ST FEDERAL IN THE COURT OF COMMON PLEAS
CREDIT UNION CUMBERLAND COUNTY,
PENNSYLVANIA
PLAINTIFF
Vs. NO.: 6q 9
MARGARET MARY SPATZ a/k/a
MARGARET M. SPATZ
DEFENDANT : CIVIL ACTION-LAW
MORTGAGE FORECLOSURE
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
1. Plaintiff, Members 1 St Federal Credit Union ("Members 1" ), is a National
Federal Credit Union having a principal address of 5000 Louise Drive,
Mechanicsburg, PA 17055.
2. Margaret Mary Spatz a/k/a Margaret M. Spatz, ("Defendant"), is an adult
individual having a last known address of 3463 Chestnut Street, Camp Hill,
PA 17011.
3. On or about April 1, 2008, Defendant borrowed from and agreed to repay to
Members 1St TWENTY-FIVE THOUSAND THREE HUNDRED SIXTY-
FOUR AND 92/100 ($25,364.92) DOLLARS (the "Loan"). The Loan is
evidenced by a Closed-End Note, Disclosure, Loan and Security Agreement
dated April 1, 2008 (the "Note") executed and delivered to Members 1St by
Defendant. A copy of the Note is attached hereto as Exhibit "A" and made
part hereof.
4. As security for the Loan, Defendant executed and delivered to Members 1St a
mortgage ("Mortgage") also dated April 1, 2008, on all that certain real estate
and improvements erected thereon situate in the Borough of Camp Hill,
Cumberland County, Pennsylvania, known and numbered as 3463 Chestnut
Street, Camp Hill, PA 17011 (the "Property"). At all times relevant hereto,
Defendant has been and continues to be the record and sole owner of the
Property. A description of the Property is attached hereto as Exhibit "B" and
made part hereof.
2
5. On or about April 11, 2008, the Mortgage was recorded in the Cumberland
County Recorder of Deeds Office at Instrument Number: 200811521. A true
and correct copy of the Mortgage is attached hereto as Exhibit "C" and made
part hereof.
6. The Note and the Mortgage have never been assigned by Members 1St and
remain held by it as a valid and subsisting obligation of Defendant.
7. Pursuant to the terms and conditions of the Note, Defendant agreed to pay to
Members 1 st bi-weekly installments of principal and interest in the amount of
at least $171.15, which bi-weekly payment amount was subsequently changed
to $170.83 each commencing on April 23, 2008 and continuing every two (2)
weeks thereafter.
8. Defendant defaulted in connection with Defendant's obligations under the
Note as a result of Defendant's failure to make the bi-weekly payments due to
Plaintiff as set forth in the Note in the amount of $170.83 each for November
5, and 19, 2008, December 3, 17 and 31, 2008, January 14 and 28, 2009 and
February 11 and 25, 2009 as more particularly set forth and 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. M., ("Act 6")
and in particular section 403 thereof, and of Defendant's rights in accordance
with the Homeowners' Emergency Mortgage Assistance Act, Act of
December 23, 1983, P.L. 385, No 91, 35 P.S. Section 1680.401(c), et. sec..
("Act 91 ") by letter dated March 5, 2009, addressed to Defendant via certified
3
mail, return receipt requested. A copy of the said notice is attached hereto as
Exhibit "D" and made part hereof.
10. US Postal form 3877 evidencing the mailing of said Notices is attached hereto
as Exhibit "B" and made part hereof.
11. Simultaneously, Members 1St forwarded to Defendant the same Notices as set
forth in paragraph 9 above addressed to Defendant by United States mail, first
class, postage prepaid, bearing the return address of Members 1St. The Notices
forwarded to Defendant in said manner have not been returned to the offices
of Members V t as undeliverable or otherwise.
12. Since the date of the Notices provided to Defendant under Act 6 and Act 91 as
set forth in paragraph 9 above (the "Act Notices"), Members 1St has received
and applied to the account evidenced by the Note and the Mortgage (the
"Account") without waiver of any prior demand the following partial
payments on the dates listed:
a. 3/12/2009 $1,110.57
b. 3/20/2009 240.00
c. 3/20/2009 43.83
d. 5/30/2009 342.00
e. 7/9/2009 360.00
13. At no time since the date of the Act Notices provided to Defendant did
Defendant cure Defendant's defaults under the Account or bring the Account
current.
4
14.
15
16.
As of August 31, 2009, Defendant remains in default of Defendant's
obligations under the Mortgage and the Note for failure to make the bi-weekly
payments due to Members 1St thereunder in the amount of $170.83 each for
March 25, April 8 and 22, May 6 and 20, June 3 and 17, July 1, 15 and 29 and
August 12 and 26, 2009.
As of August 31, 2009, Defendant is indebted to Members 1St in the amount of
TWENTY-SEVEN THOUSAND EIGHT HUNDRED SEVENTY-THREE
and 33/100 ($27,873.33) dollars itemized as follows:
a. Outstanding principal $24,845.37
b. Interest to August 31, 2009 502.34
c. Late fees 25.62
d. Attorney fees and expenses 2,500.00
e. Total due to Members 1St as of 8/31/2009 $27,873.33
The above attorney's fees and expenses are estimated through sheriff sale and
are in accordance with Defendant's 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. Defendant will
be responsible for actual reasonable legal fees incurred by Members 1St in this
matter subject to any limitation contained in the Note.
Defendant also agreed under the terms and conditions of the Mortgage that in
the event of default there under Defendant would pay, in addition to the
5
amounts set forth in paragraph 15 above, costs incurred by Members 0 as a
result of the institution of these legal proceedings.
17. The obligation owed to Members 1St continues to accrue interest at the rate of
$6.9703 per day, through the date of payment and continues to accrue late
charges and attorney's fees.
16. As set forth above, Members 1St has made demand upon Defendant to cure
the default under the Mortgage and the Note. However, as of the date hereof,
Defendant continues to fail and refuse to cure the default.
WHEREFORE, Plaintiff, Members 1St Federal Credit Union, demands
judgment against Margaret Mary Spatz a/k/a Margaret M. Spatz in the amount
of TWENTY-SEVEN THOUSAND EIGHT HUNDRED SEVENTY-THREE
and 33/100 ($27,873.33) DOLLARS plus interest at the rate of $6.9703 per
day, through the date of judgment entered on this complaint and at the legal
rate thereafter until the date of payment, additional legal fees and costs of suit
and for foreclosure and sale of the mortgaged property.
Respectfully submitted,
Date: 't- ; I ' t-
Karl M. Ledebohm, Esq.
Supreme Court ID # : 59012
P.O. Box 173
New Cumberland, PA 17070-0173
(717)938-6929
Attorney for Plaintiff
6
5000 Louise Drive, P.O. Box 40
Mechanicsburg, PA 17055
PRI.un•AS Ak,"T
ANNUAL PERCENTAGE FINANCE CHARGE: Amount Financed: The amount of Total of Payments: The amount
RATE: The coat of your credit as a The dolor amount the credit will credit provided to you or on your you Will have paid attar you have
yearly rate. ' coslyou. behalf, made all payments 85 adladp(ed.
10.24 % • S 15,710.07 • $ 25,384.82 $ 44,496.81
Variable Rate: if your loth has a vadable rata as indicated above the Amual Percenhap Rage may khcrsase during he term al this aanmgbn if the (Index) wnpsa. The
credit union roll odd a margin of to he index value. The rage will duutge Monday on he last day of the month. The rate vAY never be higher hen the maximum rate allowed by
law, and Y Ylg ROW W It" than . Any Interval Ante Inrssasee will re" In mom payewM& of he same ¦mount. For Example. N your loan was for $5.000 at IS% Iw 48
months and am Annual Pero"s Rate Increued by 2%aMr one year. the Ism of your ban would increase by two months
PrNerred pals: If eMtked. the fotlowlng appY¦s to vow ken:
rXl Automark /aynenl Dkeounl•d kart. 6euwa you hwe ayand as make your nqukM momidy peymenla through an a Mmadc dadugbn f m
ur Checbn
rSaNn
gs
g
yo
t yea AWIUAL PERCENT
AIyE RAE Ma Msn Aeowrdad by .20%. TM ANNUAL pEgCEMAOE RATF disdowd above M the ANNUAL PERCENTAGE RATE bo. is
Yu AubmedC PeyrM61 Dleoouhletl Raga
Thle rvls wig baaase b
2 if
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wn.m enangemeM Of W as makaaln sufedeM funds in your account to
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mwr the wdanatc Wyrttarta, b thldl a Case, tlts Mac of au bCIUU will he b aWrW Iha lesm M
our en
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ayment Discounted Rue is t0%
far 80
on a 55,000.00 ban 01dnW antl you rasa - eubmauc payment ehargen
Your
rvts v4A bcreau b 10.20%, rvallNkp in 1 eddilion61 payrtwru.
-
edaele Rote pro rretl
Vk !Dana. II
your ban H a wdabta Me ben ant you quegly kx • groaned rein, yea prvlea- dkr 1 is taken at the ems you take out your ban. Tags
IntltlM plaishad ANNUAL PERCENT AGE RATE rNN Then wry aha ordklg b elm9BS n IM Index IN disrJosed arbour). Far example. N a vadable rvle ban's lnWag ANNUAL
PERCENTAGE RATE 4 12% al the Ikoo you title the bin, your Mlerretl ANNL PERCENTAGE RATE wl4 be NIA%. Your ihNlel palen¦d ANNUAL PERCENTAGE
r
RATE wtll Been vary la lM bde
K u dUtlosed Role' proYkbn abeva.
according, In ser2
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Flaed is Pnler
red Loons. If your loon to ¦ fixed Ants ban auaNN for a preferred rook, your ANNUAL PERCENTAGE RATE v4Y be the brofwred ANNUAL
=
PERCENTAGE RATE tladosed above Ice is ford se f pnfertM status ramabs M efleel
Number of Payments Amount o/ Payments Parmem Frequency When Payments Are Due Property insurance: You may obtain property
You insurance from anyone you want that Is acceptable to
P.rrnenl 259 $171.13 81-Weekly - BagiMYhg 042312006 1115 redit union. If you pet the insurance from the
ore It union
ou vA
t $170.78 Final Due - On
« 0312512010 y
pay
S NIA
Security: CdYatsMl netrnng other bans wMh the credit u n the goods w property other
wR agso secure this ban. You art 91vhp a faeudH Iniem., in being ptach..ed. ? (Desulbe):
your thane o0dlor depose in tin .=union. ant: FX
=18 Cherge: II ¦ peymeM Is late by 10 dye w Mon yov w91 Requlnd'Dapoalt aalMaa: The AMar61 Percentage Rats Goes FBidg Fees: NOn•F(Rnp Insurance:
rped a Ink lea 61 S%of your scheduled payment
not uk. Inca amouni
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epos
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M eN•eWse ere5 F" N IMILF I" Par
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AMOUNT FINANCED $ 25.384.92 Amount Paid to others on your behalf (Oescr55e)
57,521.60 To BOBBY RAHAL S. To
AMOUNT GIVENTO YOU DIRECTLYS o.o0 cwreaAU DCOU S To
To
S To S To
S To s TO
AMOUNT PAID ON YOUR ACCOUNTS 14,793.44 6 S To
To
S
TO
5 To $ T
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To
PREPAID FINANCE CHARGE 5 0.00 S To So.m To Fear
To Aura sauumr s TO Aam sannims
MAKE MODEL YEAR I.D. NUMBER TYPE VALUE
OTHER (Describe): 3463 CHESTNUT ST
You Pledge Sharea AMOUNT ACCOUNT NUMBER AMOUNT ACCOUNT NUMBER
and/or Deposits of $
You sore crest n: barns and ccrwTMons I. the dadasurv slalsmsM no rho kanerd wanNy ayesmsn4 bursa on page 2 of this tlasaMUrt shay apply b Yta ban. II Yule is Mon
hen ores aohoaur, yr agree 0161 ON 0Y candida- of Ohs loan and ¦a ft Me-no. governing this ban shall rpply to both jointly and seveMlY. You a0knovAedpe IMI you lave
reaivetl • eapY of Bhe loan and seeraNy spraamenls end dleWwre akIwnww Cosigner. a y_ .. elghkhg es co•sitprar, you acknowledge nscaipt of he notice 1AWA to co-apner
ranched on page 2.
eORROWER• SIGNATURE Y? IRATE CO-MAKER [j 'OTHER OWNER •• O•SIGNER DATE
X Y, I ISEAL) y. J • X (SEAL)
11 CO AKER T'OTHER OWNS "C SIGNER DATE CO-MAILER ?'OTHER OWNER ? -CO-SIGNER DATE
X () X (SEAL)
? CO-MAKER ? 'OTHER OWNER C] ••CO•SIGNER DATE C0.MAKER
X (SEAL) ? ? 'OTHER OWNER ? "CO-SIGNER DATE
X (SEAL)
•mHaa awraa: Aw r? we Ar • ^••r4 Mrrl IMire Y,en w e waYr n W wl b Malare a.e.e rural eWa IaY TYaeer em,w. rW Yu/ •brelrr, b r1 Yer1r r our Ma.a, ew..r.r,/. rr
rrf/ au V,ar.wr•Ma,w,wr 4 eearrr.wr rrr.,ra,M a.rarw hnrrs -co.eoraa: uaw wine. see Dew aYmaarnYanwelK rr•¦^I see M•var+/w a my W Y.m. /our rti Mw tti
e•+.arr w... Y wrrwr w. w •h• e•vu.a.rrhr tour yr r..
r
NOTICE TO-
You are being asked Io uarientee this debt. Think carefully before you do. 11 the borrower doesni
pay it you have to. and IRat you want to accept this responsibility. pay the debt. you will have to. as sure you can afford to
YOU may have to pay up Io the tug amount of the debt if the borrower does no pay. You may also have to pay Isis fees or co locAlon costs, which Inrfeasa this
The creditor CPA CdkU this debt from you without fret trying to colkrd from the borrower. The credflor can use the same tpdaoion methods against you that
can be usgtl apaNut the =ti rsuds ea auing yoD, gamtshin your wages. ale. If this debt is ever in default, that fact may become a part of your credit
record. TMs mite Ts nol ad That makes you llabla for ale debt.
__ ._ _ _PR001JDL2. _.
Exhibit "A"
1 eDRROWER'a NAME LOAN NUMBER ACCOUNT NUMBER DATE OF LOAN
MARGARET M SPATZ 253417 30388103 0UOU20o8
I EESE A(iREEMENTS?? HE WORDS "CREDIT UNIOM MEANS MEMBERS IST FEDERAL CREDIT UNION. THE WORDS YOU' YOUR' AND -YOURS" MEAN THOSE
LOAN AGREEMENT
PsymentlMFInane* Charges: For value received, you promise to pay, at
tits Credit Union's office, WI amounts deb. AN payments shall be made statemen unnud serstar to wt they e fine( = Charlie ? papea of we, ills document, ? +
will be made document on the ig ed on dthis ue ds ilitesW, Ens andal it y?syouh am =iIiuked is
preferred rate that you eondnw to sell* the conditions, of t prahwed
rate, N you fail to fur y any instaNment by fire time It is deb, you will pay
additional intereson the overdue, amount.
Allocation of Payments and Additional Payments: Payments and
credits shall be applied in to W#owhg order, any amounts past due; any
fees or charges owing, including any Insurance prelmiums; accrued interest
or finance U?l1rehvtees? outstanding prindided. Payments made in addition to
rcgulany acl uled payments shall be eppked in the some order.
Pnternd Rata: II you qtin for a preferred rate as disclosed on pWappa of
thin dowmanl or In a sa ee Waferrad rate addendum, you urders
that you must meet tIS Coral. d asclesed to you In order to quaM?
preferred rate and for the
mat Oonnw to mat theta toonditio(a In cedar to keep
your prole rtad late. It yW fate to meal (hose wrdtions, your rate will
Increase, thereby aMerldhg the terms of your Ian. You premise to ccrdin W
mak2 payrrrorm and to costs all obigatbns under this gA roenranl even 11
YOU no bnper receive the preferred r
Late Charges: If make a tsl0 psymen . you agree to pay a We loge
it one Is t1 page T of this documam.
Property laursnce: If you obtan a kWm iawrod by a motor vehicle or
other tarlglble properly, you rtMst obtain Insurance LYhdch prolecls the crew
union konm ikotlaai loge The anidhnt and of the pfopaly
kaurance must be a?eq to the rredk union. uch a poticy must
provde at teasl roe, IMIL comWrled addNbnW coverages and coifwon
insurance. h malt ooMain a Loss Paya
insurance. ble clause andorsemant naming the
credit lslion as ken hidden. You nay obtain thts khstxarroa Iron ny apbrit of
your choke end dDidt the agent to and the credit union a copy of ft
Polk-7•
Debtor Responsibility: You promise to notify credit union of any change in
your name addressor anolovmenL You promise not to apply for a loan it
you know liars is a reaaorabla proglA thal you will be arable to repay
your obligation according to Ins Lamm or 8e, VON extension. You promise
frro00pInafyorm naedif union of any Dow VWormation wnkfi (Baas to your ability to You
inaccura iNOnnalion oobligation, r concept Informnot to ation'regarding your oneditwor hkesa,
credt standing, or credit CSPWty.
Statutory Lion: It you are In default, federal law gives the credit vnIon She
right to apDN Use balance of {hares andlor dividendo in yew socou ltla W
the time Or out to piNN trds Berl. Once you an in delBull. the credit
union may exercise this fight wiUout hither notice to you.
Delay In Enforcement: Credit tkiksp may do_* Enforcing any of the Lredlt
union rights under this agreement without ) losing than.
Irregular Payments: The Credit union may weept late paym?+is or partial even crPayments. edit ?n rights h marked QBd "pnymtnl In full. witloul being any of the
Co-maker: If youurand:jpn?In gdft
egret ment as a comaker. you agree to
be equa%rosporglWs this
w4tl borrower, but to credit union may acre
ether or otr of you. The eredl union does not have to notify you that this
apresetent hoc not been paid. The txedil tamion may etdend the terms of
reaporu bNlilion Ih' eep OeBumma Aty vritoul notfying ar relask+9 you from
SECURITY AGREEMENT
1. To secure peylNnl of this Man and all expendituresIncurntl ov Ns credit
union in com-born rllh We, Man, 9qrr M realizitnhge oynr pa sencyurity Inbnt6 You
niAl so ttheM credit union ¦ Neulily IM W In I ardaBe ll daaedbstl on
yyppsadoae?of ills doCymam, Th sswrtry Into I pneerltyudaso2 Mct asae,
iuastltulbna end WOIUOns Me Ncynd grin i IvBeeSNOm my ram U umrca an the ssculN prgpeRy and so Nm a 'nw
mound property,
C-onalanlharWn: P ?OIYM as seccurM for dris ran or tkMr any
?o1ernowir a wis l ri rGndR nldh mist?sN1 tAOwfyuLweentuln?a lwamouns
u now an INn
rrNNqq another debt will not sown this w
securing If eb O0ttWoaee
Borrowirs pnnclpal mkbrMe udesa 1M properrsub.lon?oas •re
Fran • d N u& Mbogaot mul?~Is are sausfretll, or are non•purchaN
rRloNy?reWYllold ads
2. Yw we, pW gNnpe,lne lbetseatpn d, 214 W Vaulter the collateral union You hava
the IriOd Won't prnW wrote 0aaax
3. You wsNWdptnynyw w ilk to she coollineraf Into of BE1e0?fcuiN nuresis
make ken o msi W gN m MEaleral Mq lres nadlhi ipfimkir'rd M gM'tq sled
plates.
You will pay BE is j6 -m=, da ar?d N r nN?{s?nk,s?o4a( c?1egY?en
4. tWb6N'dMekw. You N tlbtaaI GII-wS ids ellNCudty=oe
a?rN t d Pwnaty dai w union's ngW ethEd nr we, defend tie property
hin is
5' You WIN
aiinstw1ey t?I r frywMyNradng or oW in s In indein the
amount trus'kir 1pp ea. I I* YOU ate 0Q are gill Wpybn wish pool
of suc pMfppa w prW?rOwR?r111Nr?rY lull b b Qsovdi uchh na?dd ury6?fdlM?mey but
nlllle? pgkl wN ps'N~ISSYMeIeN gt ale raw W11 d , Yso t further
asNm is gr aedk.don IM to noMw tree poaaAa of swancs on
usudwtlf ?radn?dr b union or as
w s agdt resm
ue, arid sppy ales{ M arunc owed w
ON a Union
Y NdMr au0adre tN eredllasan,b aoWtla ICU.', Insurance Santee Center
wailMMrasiay Me?rpWf lln9tilbnNd?IWla awrg?spy M
diwt3erwal?oMrY?olwu krdlwOwllalyslkW 4'pknidapNYaa Meese WpofecaOn o/yNloeu
Ins an ' SdYllrknoa?,rttN
shed r=XT
e, del b b ored3 gs , (dad+?lldiasycedN M. as a mY
b» , seen i b
7. 11 a deloull n definini In the Loon Agreement should occur- the minister union has
Contractual Pieties of Show You ple0te all you shares and do site In the
crude union, Including future additions, BE security for We ban. In case you
datsuk, pia credit union may apply these sham and deposes to the payment
of ate Nms des at the Wan of ORDAIN Inctudinp coots of coeNaon and
reawnabb attorney's Nse. Nei the credo union may Incur, up to 7016 of the
unpaid principal are IntomL No lien or right to inlprasa a lien on shares and
deposits ante apply M tiny of your shams which may be held In en "Indwiduai
ReWen.m Account" or "Keogh Plan."
Page 2 of 2
5100 2118
aThOdt ava1Na?N M aid MrewlW?inl Ule
e giaa Ill mesa tlltn ss ,your o?M ens hider this som mant ore
hank ar0 eavaN, eaeAkp eglMay ntponii0le to NMI the terms of tnia
Dismiss not only leads you, but your Execution, adminisbabn,
mi.-Ups.
ALL THAT CERTAIN unit in the property known, named and identified as Chestnut
Street Condominium, located In the Borough of Camp Hill, Cumberland County.
Pennsylvania, which has been submitted to the provisions of the Pennsylvania Uniform
Condominium Act 68, Pe.C.S. Section 3101, at. seq., by the recording In the Recorder of
Deeds Office of Cumberland County, Pennsylvania, a Declaration of Condominium, dated
June 12, 1997, in Record Book 549, Page 898, being Unit 4, together with a proportionate
undivided Initial Interest In the Common Elements, as defined in the Declaration of
Condominium, of 19.28% as shown on Exhibit "B" of the Declaration of Condominium.
BEING A PART of the same premises which The McNaughton Company, by Its
Deed dated January 27, 1999 and recorded January 28, 1999 in the Office of the Recorder
of Deeds in and for Cumberland County, Pennsylvania In Book 193, Page 356, granted and
conveyed unto Jeanne M, Alvord. The said Jeanne M. Aivord died intestate on September
3, 2004 and Donna Keemmerer was appointed Administratrix for the Estate, docketed to No,
2004-00851 by the Register of Wllls of Cumberland County.
UNDER AND SUBJECT TO.
(a) Any and all easements, licenses, exceptions, reservations, covenants,
agreements, conveyances and restrictions which affect the premises and are visible by
Inspection of the premises.
(b) Any and all easements, licenses, exceptions, reservations, ,ovenants,
agreements, conveyances and restrictions contained In any and all prior agreements, leases,
instruments, doods, grants and conveyances affecting the Premises.
Said premises is known as 3463 Chestnut Street, Camp Hill, PA 17011
Being the same premises which Donna Keammerer, Administratrix for the Estate of
Jeanne Marie Alvord, by her deed dated January 18, 2005 and recorded in the
Cumberland County Recorder of Deeds Office at deed book 267, Page 1034 granted and
conveyed onto Margaret Mary Spatz, a widow.
Exhibit "B"
FROM :CUMBERLAND FAX NO. :7172459661 Aug. 31 2009 07:29AM P1
Prcparod By: Members lit FCU
5000 Louisa Drive
Mechanicsburg, PA 17055
Return To: When rceordt d Wgil to'
FIOT AMMCAN TrTj 1NSUItANCE
,ENDI3IW DVAMAGE SUT1Zr 20D
IIUO Si7PFdu0fi AWZYN
cr•EMANp, OHIO 44114
' ?ATTIV- ,hT'1120
MORTGAGE
... ,
na>tae 04/01n009
4AMM Iletween
MARGARET MARY SPAT7.
(herelna called " ortgag )
And
MEMBERS Iffy FEDERAL CRi Dff UMON (hereinafter called "Mortgagee")
Whererss, Mortgagor has exocuted and delivered to Mortgagee a certain Mortgago Note (hereind1w
called the. "Nate") of even date herewith, payable to the order of Mortgagee in the principal sum of
S 25,364,92 lawful money ofthe United States of America, and hav prnvlded therein
for payment o any additional moneys loaned or advanced thereunder by Mortgagee, tlogether with
interest thereon at tho rate provided in the Note, in the manner and at the times therein sct forth, and
corrtaining certain ether terms and conditions, all of which are specifically incorporatesd herein by
rcfCTenot;
Now, Therefore, Mortgagor, In consideration of said debt or principal sum and as security for the
payment of the same and Intawn as aforesaid, together with all ether sums payable hereunder or under
the terms of the Note, does grant and convoy unto MeatSMee,
All that Certain property of the Mortgagor located in CAMP HILL
BORL1 cum lcounty, Pennsylvania
SEE EXHIBIT "A"
which currently has the address of 3463 Q1 lr•.S•I'Ni-f RT
._.. [street] ...... _._
Camp t1ill Pennsylvania 170.11
[City] ],Zip Codel
ncu Mo __..... _ .. APs,lp 25341703 Peep 1 of 4
0&3112009 8:01:47 AM Exhibit KC" Insr# 9(HIA11i91 - Pane 1 rNA
FROM-:CUMBERLAND FAX NO. :7172459661 Aug. 31 2009 07:30AM P2
'fopther with the buildings ar+d improvements crocted thereon, the afpurb nances thereunto
belonging and the reversions, remainders, rents, issues and profits thereo
'1'o Have and To Sold the same unto Mortgagor, its successors and assigns, forever.
Provided) However, That if Mortgagor shall pay to Mortgages the aforesaid debt or principal mum,
including;Witdunal loans or advancem and all other sums payable by Mortgagor to Mortgagee hereunder
and under the terms of the Note, together with intcrcat thereon, and shall keep and perform each of the
other covowts, oonditkins and agroomarts hereinafter act forth, than 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) This Noto secured hereby shall evidence and this Mogage shall cover and be security for any
future loans or advances that may be made by Mortggaa?grcoe to Mortgagor at any time or times hereafter and
incanted by Mortgagor and Mortgagee to be so evtdesrced and secured, and such loans and advances shall
be added to the principal debt.
(2) From time to titne until said debt and interest are fully paid, Mortgagor shall: (a) pay and
discharge, when and as the some shall become due and payable, all taxes, assessments, sewer and wow
rents, and all othher charges and claims assessed or loviod from tare to time by any Inwful authority upon
any part of the mortgaged premises"which shall or might have priority in lien or payment to the debt
secured hmmby. (b) pay all ground tents reserved from tht; mortgaged lmnuaes and pay and discharge all
muchanies, liens which may be filed agalnst said premises and which shall or might have priority in lien
or payment to the debt secured hereby, (e) pay and discharge any documentary stamp or other tax,
including interest and penalties therswrr, if any, now or hereafter becoming payable on the Note
evidencing the debt secured hereby, (d) provide, renew and keep allvc by paying the necessary premiums
and ph,rrges thereon such policies of hazard and liability insuraneo as Mortgagee may from time to time
require upon the buildings and Improvements now or hercAor erected upon the mortgaged premises,
with loss payable clauvA In favor of Mortgagor and Mortgagee as their r especdive inta'esta may appear,
and (c) promptly submit to Mortgagee evidence of the due and punctual paymvnt of all the foregoing
oh ; provided, however, that Mortrt?paggeo may at its option requite that sums sufficient to discharge
the foregoing charges he paid In installmonts 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 cntor upon the
morttgaged promises at any reasonable hour for the purpose of inspecting the order, condition and repair
of the buildings and improvements erected thercan.
AWN._, Ap$D 25341703 Pa" 2ar4
09/31/2000 8:01;47 AM CUMBERLAND COUNTY . Inst.# 200811524 - Pago 2 of f
FROM : CLN IBERL.AND FAX NO. :7172459661 Aug. 31 2009 07: 30AM P3
(4) in the event Mortgagor nVectss or refiuee to pay the clharges mentioned at (2) above, or fails to
maintain dtc buildings and improvements aA aforesaid, Mortgagm may do so, add the cost thereof to the
principal debt secured hereby, and collect the some as a part of said principal debt
(5) Mnrtgsor covenants and atigrcce not to create, nor permit to accrue, upon all or any part of the
Im?ortgaged premises, any debt, lien or charge which would be prior to, or on a parity with, the lien of this
g
(6) In cave dL fault be made for the space of thirty (30) days in the payment of any insutllmcnt of
principal or interest pursuant to the terms of the Nutt, or in the performaneo br 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 aunts paid by Motto cc pu want to the tonne of the Note or this
Mortgage, together with unpaid intet'est thereon, shall at the option of Mortgagee and without notice
becomo immediately due and payable, and ibreelosurc proceedings may be brought forthwith oo this
Mo a and prosecutad to judgment, execution and safe for the collection of the same, together with
costs Vault and mt attorney's commission for oollectim of five portent (56/a) of the total indebtedness or
$200, whichever is the larger amoum. Mortgagor hereby forever waives and rolesses all errors in said
proceedings, waives stay of execution, the right of inquisition and extension of time of payment, Woes
to condemnation of any party levied upon by virtue of any stioh execution, and waives all exemptions
from levy and sale of any property that now is or harealtar 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. Alter such otcurrenw, Mortgagee shall discharge and satisfy this Mortgage.
Mortgagor shat l pay any recordation costs. Mortgagee may charge Mortgagor a fee for releasing this
Moro, but only if the fee is paid to a third party for servieas rendered and the charging of the The is
permitted under Applicable Law.
The cove`Dmts, conditions and 4grccinents contained in this Mortgage shall bind, and the benefits shall
inure to, the respective parties hwWA and their respective heirs, exexrtnra, administrators, suooessors and
agar ns, and if this Mortgage is executed by more than one party, the undertakings and liability of each
shall be johit and sevoral,
Hoch Nro App1L 25341703 Paps 9 d4
'31/2000 8;01;41 AM CUMBFRI AWn rni innv
FROM :CUMBERLAND
FAX NO. :7172459661 Aug. 31 2009 07:30AM P4
Witnen the due execution heroofthe day and year first above written.
A/6-
E Y SPATZ
Commonwealth of Pemsylvani4
County of C;t1MRFRLANO
sas
On this, the _ ?_ day of APR ??, 2008 ,before me
AAmadron M • to ?o ...m. , We undas7gn o ccr, peraottally appeared
sat ctorOy proven to ma to the persona Whose nan?e(e} lucrtb lot a within Mortgage, and
acknowledged that he/she exactrted the some fbr the purposes therein contained.
In Witness Wbarcot T hereunto set my hand and official seal.
?u
My commission expires;
rertillryte et L?id?nnt. of oruaw
C MMONWLkA H OF PE &YLY t??IA
NM&4W SM
Wadw K Woday, Notary Public
LOW N" Two., Cvnbwt Cotmty
My Qam>hotcr. &' Ph% AM, is, MW
tiambsr, Pannsy+vr.n+;? As^rn y`cr of Notes.
Members 14T Federal Credit Union, Mortgagee within hereby certifies that Its residence
is SWO Louise I)rivc, Mechanicsburg, PA 17055,
By
Aeet No _ i AppT 25341703
Pi"1 ct 4
3712009 &01:47 /1Ar CUMRPR+ ANh rrn thr,
FROM :CUMBERLAND FAX NO. :7172459661 Aug. 31 2009 07:30AM P5
EXHIBIT A
All that certain property situated in the Borough of Camp
Hill, in the County of Cumberland, Commonwealth of
Pennsylvania , and being described au follows; 01-21-0275-057
U4, Being more fully described in a deed dated January 1B,
2005 and recorded January 19, 2005, among the land records of
the County and State set forth above, in Deed Volume 267 and
Page 1034.
Permanent Parcel Number: 01-21-0275-057 U4
MARGARET MARY SPATZ, WIDOW
3463 CHEST= STREET, CAMP HILL PA 17011
Loan Reference Number : 253417
First American Order No: 14400397
Identifier: L/FIRST AMERICAN LENDERS ADVANTAGE
',41111 IN SPATZ 1400 Pp
FIRST AMERICAN MS
MORTOAM
11111111111111111111111 liiiiiiii III Ilion
i
/31/2009 8:01:47 AM CUMBERLAND COUNTY Incl It 1JMA91rp1 - 0- A of a
FROM :CUMBERLAND FAX NO. :7172459661 Aug. 31 2009 07:31AM P6
ROBERT P. ZIEGLER
RECORDER OF DEEDS
CUMBERLAND COUNTX
I COURTHOUSE SQUARE
CARLISLE, PA 17013
717-240-6370
Xuetrnraent Numbor - 200811521
Recorded On 4111/2008 At 1:08:35 PM
* Instrument Type - MORTGAGE
Invoice Nomber - I891 Uscx ID - KW
* Mor(pgor - SPATZ, MARGARET MARY
* Mortgagee - MEMBERS 18T YEDERAL CR UN
* Customer - FIRST AMERICAN
* ?s
STATIC WRIT TAX $0.50
STATE JCS/ACCESS TO $10.00
JUSTICE
RECORDING pus - $13.50
RECORM or D=DS
A-rrMDAWX HOUSING $11.50
COINTY ARCHIVES ins $2.00
ROD ARCHr ns FEE $3.00
TOTAL PAID $40.50
* Total Pages - 6
Certification Page
DO NOT DETACH
This page is now part
of this legal document.
I Certify this to be recorded
in Cumberland. County PA
RF.CORDF.R O
` - Information deaeted by as asterisk may chanp durJng
the Writlcation Provers and may not be reflockRd on this pads.
'31/2009 8:01:47 AM C1JI4RFRI AWn f^nl IKVM
(Rev. 9/2008)
Date: March 5, 2009
ACT 91 NOTICE
TAKE ACTION TO SAVE
YOUR HOME FROM
FORECLOSURE
This is an official notice that the mortgage on lour home is in default, and the lender intends to
foreclose Specific information about the nature of the default is provided in the attached pages.
The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP)
may be able to help to save your home. This Notice explains how the program works.
To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING
AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you
when you meet with the Counseling Agency.
The name, address and phone number of Consumer Credit Counseling Agencies serving your
County are listed at the end of this Notice. If you have any questions, you may call the
Pennsylvania Housing Finance Agency toll free at 1-800-342-2397 (Persons with impaired
hearing can call (717) 780-1869).
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.
Page 1 of 5
Exhibit "D"
HOMEOWNER'S NAME(S): MARGARET MARY SPATZ
PROPERTY ADDRESS: 3463 CHESTNUT ST
CAMP HILL, PA 17011
LOAN ACCT. NO.: 303861- 03
ORIGINAL LENDER: Members ls` Federal Credit Union
CURRENT LENDER/SERVICER: Members ls` Federal Credit Union
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE
WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND
HELP YOU MAKE FUTURE MORTGAGE PAYMENTS
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE
ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE:
IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL,
• IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND
• IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING
FINANCE AGENCY.
TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of foreclosure on
your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing). During that time you
must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of
this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY-THREE (33) DAYS OF THE DATE OF_ THIS
NOTICE. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR
MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE
DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE.
CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit counseling agency
listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this
meeting. The names addresses and telephone numbers of designated consumer credit counseling agencies for the county
in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face
meeting. Advise your lender immediately of your intentions.
APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasons set forth later in this
Notice (see following pages for specific information about the nature of your default.) You have the right to apply for
financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign
and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer
credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications
for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance
Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA
and received within thirty (30) days of your face-to-face meeting with the counseling agency
YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A
COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION
WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM
STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED
"TEMPORARY STAY OF FORECLOSURE".
YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE
APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR
APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE
STOPPED.
Page 2 of 5
AGENCY ACTION -- Available funds for emergency mortgage assistance are very limited. They will be disbursed by
the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60)
days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued
against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania
Housing Finance Agency of its decision on your application.
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE
FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE
CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT.
(If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.)
HOW TO CURE YOUR MORTGAGE DEFAULT (Bring_ it up to date).
NATURE OF THE DEFAULT --The MORTGAGE debt held by the above lender on your property located at:
3463 CHESTNUT ST
CAMP HILL, PA 17011
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: $170.83 FOR 11-05-08, $170.83 FOR 11-19-08, $170.83 FOR 12-03-08, $170.83 FOR 12-17-
08, %17183 FOR 12-31-08,,%170.8-3 FOR 01-14-09, %170.83 FOR 01-28-09, % 170.83 FOR 02-1.1-09,$170 83 FOR 02-
Other charges (explain/itemize):
TOTAL AMOUNT PAST DUE: $1,537.47
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 $ 1,537.47 ,
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 V 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 DEFAULT--If you do not cure the default within THIRTY (30) DAYS of the date of
this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire
outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in
bi-weekly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the
lender also intends to instruct its attorneys to start legal action to foreclose u on,Your mortgaged property.
IF THE MORTGAGE IS FORECLOSED UPON -- The mortgaged property will be sold by the Sheriff to pay off the
mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal
proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to
$50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually
incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender,
which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period. you will
not be required to pay attorney.
OTHER LENDER REMEDIES -- The lender may also sue you personally for the unpaid principal balance and all other
sums due under the mortgage.
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -- If you have not cured the default within the
THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and
prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so by paving the total amount then 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 writine by the lender and by performine any other
requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your
mortgage to the same position as if you had never defaulted.
EARLIEST POSSIBLE SHERIFF'S SALE DATE -- It is estimated that the earliest date that such a Sheriffs Sale of
the mortgaged property could be held would be approximately Three (3) months from the date of this Notice. A
notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the
default will increase the longer you wait. You may find out at any time exactly what the required payment or action will
be by contacting the lender.
Name of Lender: Members 1" Federal Credit Union
Address: 5000 Louise Drive
Mechanicsburg, PA 17055
Phone Number: (717) 795-5133 or (800) 283-2328 Ext. 5133
Fax Number: (717) 795-5207
Contact Person: Dave Thomas
E-Mail Address: thomasd0-members1st.org
EFFECT OF SHERIFF'S SALE -- You should realize that a Sheriffs Sale will end your ownership of the mortgaged
property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove
you and your furnishings and other belongings could be started by the lender at any time.
ASSUMPTION OF MORTGAGE -- You may or XX may not (CHECK ONE) sell or transfer your home to a
buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's
fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied.
Page 4 of 5
YOU MAY ALSO HAVE THE RIGHT:
• TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW
MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT.
• TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF.
• TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED,
IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT
MORE THAN THREE TIMES IN ANY CALENDAR YEAR.)
• TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY
OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS,
• TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE
LENDER.
• TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY
(Fill in a list of all Counseling Agencies listed in Appendix C. FOR THE COUNTY in which the proper is
located, using additional gages if necessary).
Certified Mail # 9171082133393634923078
Page 5 of 5
HFMAP Consumer Credit Counseling Agencies
CUMBERLAND County
Report last updated: 10/15/2007 10:03:08 AM
Adams County Interfaith Housing Authority
40 E High Street
Gettysburg, PA 17325
717.334.1518
CCCS of Western PA
2000 Linglestown Road
Harrisburg, PA 17102
888.511.2227
Community Action Commission of Captial Region
1514 Derry Street
Harrisburg, PA 17104
717.232.9757
Loveship, Inc.
2320 North 5th Street
Harrisburg, PA 17110
717.232.2207
Maranatha
43 Philadelphia Avenue
Waynesboro, PA 17268
717.762.3285
PHFA
211 North Front Street
Harrisburg, PA 17110
717.780.3940
800.342.2397
Servicemembers Civil U.S. Department of Housing MB Approval No. 2502-0565
Relief Act and Urban Development (exp 4/30/2007)
Notice Disclosure Office of Housing
Servicemembers on "active duty" or "active service," or a dependent of such a
servicemember may be entitled to certain legal protections and debt relief pursuant to the
Servicemembers Civil Relief Act (50 USC App. §§ 501-596) (SCRA).
Who May Be Entitled to Legal Protections Under the SCRA?
• Active duty members of the Army, Navy, Air Force, Marine Corps, Coast Guard,
and active service National Guard;
• Active service members of the commissioned corps of the National Oceanic and
Atmospheric Administration;
• Active service members of the commissioned corps of the Public Health Service;
• United States citizens serving with the armed forces of a nation with which the United
States is allied in the prosecution of a war or military action; and
• Their spouses.
What Legal Protections Are Servicemembers Entitled To Under the SCRA?
The SCRA states that a debt incurred by a servicemember, or servicemember and spouse
jointly, prior to entering military service shall not bear interest at a rate above 6 percent
during the period of military service.
The SCRA states that in a legal action to enforce a debt against real estate that is filed
during, or within 90 days after the servicemember's military service, a court may stop the
proceedings for a period of time, or adjust the debt. In addition, the sale, foreclosure, or
seizure of real estate shall not be valid if it occurs during, or within 90 days after the
servicemember's military service unless the creditor has obtained a court order approving the
sale, foreclosure, or seizure of the real estate.
The SCRA contains many other protections besides those applicable to home loans.
How Does A Servicemember or Dependent Request Relief Under the SCRA?
• In order to request relief under the SCRA, a servicemember or spouse, or both, must
provide a written request to the lender, together with a copy of servicemember's military
orders. The Lender providing this Notice is Members I" Federal Credit Union, ATTN:
Arlanda Dintaman, 5000 Louise Drive, Mechanicsburg, Pennsylvania, 17055. The
phone number is toll free (800) 283-2328.
How Does a Servicemember or Dependent Obtain Information About the SCRA?
The U. S. Department of Defense's information resource is "Military OneSource".
Website: http://www.militaryonesource.com
The toll free telephone number for Military OneSource are:
o From the United States: 1-800-342-9647
o From outside the United States (with applicable access code): 800-3429-6477
o International Collect (through long distance operator): 1-484-530-5908
• Servicemembers and dependents with questions about the SCRA should contact their
unit's Judge Advocate, or their installation's Legal Assistance Officer. A military legal
assistance office locator for all branches of the Armed Forces is available at
http://legalassistance.law.af.miI/content/]ocator.php
form HUD-92070
(2/2007)
AUG-28-2009 FRI 02:37 PM MEMBERS 1ST FOU FAX NO. 7177955207 P. 02
Mailer's Name and Address:
Members 1 st Federal Credit Union
5000 Louise Or
MECHANICSBURG. PA 17055
Form 3877
9223844001
Sequence Number:
0000179
Page. 1
SendSuite - MAC v6.00.6.01 j
PC ID */ Addressee Name Postage ES E5 Insured Due Total
Article # Delivery Address Type Fee Value sender Charge
,900000009782 MARGARET M SPATZ r 0.590
9171082133393634923078 3463 CHESTNUT STREET
?•?? CAMP HIL PA 170 1
N-31
W-520
)
C 2.700
ERR 1.000
0.00 4.290
page Totals: 8 3.870 29.600 33.470
Cum Totals'. 8 3.870 29.600 33.470
'LISPS
'fotal Number of Pieces Received:
Signature of Receiving Emp ec
(go, ,
1? sRsNW V
rwra???
02 1M $ 03-MO
0004250959 MAR 05 2008
MAILED FROM ZIP CODE 1 7055
Form 3877 (Facsimile) SendSuite - MAC v6.00.6.01 J
Exhibit "E"
1ERS 1sT FEDERAL IN THE COURT OF COMMON PLEAS
[T UNION CUMBERLAND COUNTY,
PENNSYLVANIA,
PLAINTIFF
Vs. NO.: 0^ - S?C1 7
,AREA' MARY SPATZ a/k/a
ARET M. SPATZ
DEFENDANT : CIVIL ACTION-LAW
: MORTGAGE FORECLOSURE
VERMCA iTION
I, Dave Thomas, Lead Collector for Members 1'' Federal Credit Union, being
to do so on behalf of Members I" Federal Credit Union, hereby verify that the
made in the foregoing pleading are true and correct to the best of my
Imowledge and belief. I undentand that false statements am made subject to
Penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to
Members 0 Federal Credit Union
By: --?
Dave Thomas, Lead Collector
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Sheriffs Office of Cumberland County
R Thomas Kline
Sheriff
Ronny R Anderson
Chief Deputy
Jody S Smith
Civil Process Sergeant
Edward L Schorpp
Solicitor
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Members 1st FCU
vs.
Margaret Mary Spatz
Case Number
2009-5997
SHERIFF'S RETURN OF SERVICE
09/29/2009 R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search
and inquiry for the within named defendant to wit: Margaret Mary Spatz a/k/a Margaret M. Spatz, but was
unable to locate her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as
not found as to the defendant Margaret Mary Spatz. After several attemps the Complaint has expired.
SHERIFF COST: $87.44 SO ANSWERS,
September 29, 2009 R THOMAS KLINE, SHERIFF
Karl M. Ledebohm, Esquire
P.O. Box 173
New Cumberland, PA 17070-0173
(717)9938-6929
MEMBERS 1 sT FEDERAL
CREDIT UNION
PLAINTIFF
Vs.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 09-5997
MARGARET MARY SPATZ a/k/a CIVIL ACTION -LAW
MARGARET M. SPATZ
DEFENDANT MORTGAGE FORECLOSURE
PRAECIPE TO REINSTATE COMPLAINT
To the Prothonotary:
Please reinstate the complaint filed in the above captioned matter.
Respectfully submitted,
2
Date: October 5 2009
arl . 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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Sheriffs Office of Cumberland County
R Thomas Kline j`
Sheriff QQ?
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Ronny R Anderson
Chief Deputy 009 OCT 27 AM 91- 00
Jody S Smith
Civil Process Sergeant OFFICE ""E s"EERejmBthwi= -z) (;OUNW
Edward L Schorpp PENNSYLVANIA
Solicitor
Members 1st FCU
vs.
Margaret Mary Spatz
Case Number
2009-5997
SHERIFF'S RETURN OF SERVICE
10/22/2009 05:45 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on October 22,
2009 at 1745 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the
within named defendant, to wit: Margaret Mary Spatz, by making known unto Margaret Mary Spatz,
personally, at 3463 Chestnut Street, Camp Hill, Cumberland County, Pennsylvania, 17011 its contents an(
at the same time handing to her personally the said true and correct copy of the same.
SHERIFF COST: $68.50
SO ANSWE S,
October 23, 2009 R THOMAS KLINE, SHERIFF
Deputy Sheriff
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2010 FEB -S AM 8~ 3~
FEB 0 ~ 2010
(717)938-929 ~ ~1~`t~•'_'~_~~ ~;,i (;;;;~il~
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MEMBERS 1 FEDERAL IN THE COURT OF COMMON PLEAS
CREDIT UNION CUMBERLAND COUNTY,
PENNSYLVANIA
Karl M. Ledebohm, Esquire
P.O. Box 173
New Cumberland PA 17070-0173
PLAINTIFF
Vs.
MARGARET MARY SPATZ a/k/a
MARGARET M. SPATZ
DEFENDANT
NO.: 09-5997 Civil Term
CIVIL ACTION-LAW
MORTGAGE FORECLOSURE
ORDER
AND NOW, this ~ day of _~~ r'G~li d , 2010, upon
consideration of Members 1St Federal Credit Union's Motion to Vacate The Judgment in
Foreclosure Without Prejudice in the above captioned matter, the Defendant having
brought the obligation current under Act, it is hereby ORDERED THAT the Judgment
entered in the above captioned matter is hereby vacated without prejudice.
By the Court:
J.
Notice addresses:
y/ Dgfendant:
argaret M. Spatz
3463 Chestnut Street
Camp Hill, PA 17011
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orney for Plaintiff:
arl M.Ledebohm, Esq.
P.O. Box 173
New Cumberland, PA 17070-0173
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