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HomeMy WebLinkAbout09-6527Karl M. Ledebohm, Esquire P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 MEMBERS 1ST FEDERAL CREDIT UNION PLAINTIFF Vs. JOSEPH C. BENDER DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, : PENNSYLVANIA NO. It-rem CIVIL ACTION -LAW 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 againns the claims set forth in the following pages, you must take action within twenty (20) days aft 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 aril a judgment may be entered against you by the Coi rt 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 pagmas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demands y la notification. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defenses o sus objections a las demandas en contra suya. Se ha avisado que si usted no se defiende, la corte tomara medidas y puede entrap 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 DMRO O OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED NO TIENE O CONOCES UN ABOGADO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SU PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717)249-3166 OR (800)990-9108 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. SECTION 1692 et seq.(1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THE THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUESTS US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. Karl M. Ledebohm, Esq. P.O. Box 173 New Cumberland, PA 17070 MEMBERS 1sT FEDERAL : IN THE COURT OF COMMON PLEAS CREDIT UNION : CUMBERLAND COUNTY, : PENNSYLVANIA PLAINTIFF G S 7 ( ?1,e r Vs. NO.: Of - JOSEPH C. BENDER 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 1St Federal Credit Union ("Members 1 "), is a National Federal Credit Union having a principal address of 5000 Louise Drive, Mechanicsburg, PA 17055. 2. Joseph C. Bender ("Defendant"), is an adult individual having a last known address of 299 Allendale Way, Camp Hill, PA 17011. 3. On or about August 21, 2007, Defendant borrowed from and agreed to repay to Members 1St FORTY-FIVE THOUSAND EIGHT HUNDRED NINE AND 77/100 ($45,809.77) dollars (the "Loan"). The Loan is evidenced by a Closed-End Note, Disclosure, Loan and Security Agreement dated August 21, 2007 (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 August 21, 2007, on all that certain real estate and improvements erected thereon situate in Lower Allen Township, Cumberland County, Pennsylvania, known and numbered as 299 Allendale Way, 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. 5. On or about September 12, 2007, the Mortgage was recorded in the Cumberland County Recorder of Deeds Office at Instrument No.: 200735528. A true and correct copy of the Mortgage is attached hereto as Exhibit "C" and made part hereof. 2 6. The Note and the Mortgage have never been assigned by Members 1 st 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 1St monthly installments of principal and interest in the amount of at least $567.81 each, which amount was subsequently adjusted to $567.03 each, beginning on September 20, 2007 and continuing on or before the 20th of each month thereafter. 8. Defendant is in default of Defendant's obligations under the Note as a result of Defendant's failure to make the monthly payments due to Plaintiff as set forth in the Note in the amount of $567.03 each for the months of May, June, July and August, 2009, as set forth in the Note and as more particularly set forth and described in, in part, 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. seMc ., 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. M by letter dated July 21, 2009, addressed to Defendant via certified mail, return receipt requested. A copy of the said notice is attached hereto as Exhibit "D" and made part hereof. 10. A copy of U.S. Postal Form 3877 evidencing the mailing of said Notices is attached hereto as Exhibit "E" and made part hereof. 11. 12. 13. 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 1St as undeliverable or otherwise. As of September 18, 2009, Defendant is indebted to Members 1St in the amount of FORTY-THREE THOUSAND FOUR HUNDRED EIGHTY- NINE and 60/100 ($43,489.60) dollars itemized as follows: a. Outstanding principal $40,020.21 b. Interest to September 18, 2009 884.34 c. Late fees 85.05 d. Attorney fees 2,500.00 e. Total due to Members 1St as of 9/18/2009 $43,489.60 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 1 st 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 4 amounts set forth in paragraph 12 above, costs incurred by Members 1 St as a result of the institution of these legal proceedings. 14. The obligation owed to Members 1St continues to accrue interest at the rate of $9.3088 per day, through the date of payment and continues to accrue late charges and attorney's fees. 15. 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 JOSEPH C. BENDER. in the amount of FORTY-THREE THOUSAND FOUR HUNDRED EIGHTY-NINE and 60/100 ($43,489.60) DOLLARS plus interest at the rate of $9.3088 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. Date: I, f g w T Respectfully submitted, )D?? Karl M: Ledebohm, Esq. Supreme Court ID # : 59012 P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 Attorney for Plaintiff 5 K A st CLOSE06END NOTE, DISCLOSURE, IV 1 5000 Louise bDrive, urg P.O. Box 40 PA 1705 055 Mechanicsburg AND ADDREai'? ` -111alYC?nnrNr 90RROVWJOSEPHRC'S NAME BENDER MEMBERS t , , ' 99 ALLEN DALE WAY AMP HILL, PA 17011 IoM Pen YeM ACCOUNT T NU NUMBER 26502 0 6.49% 'ft -co-eogaoweq•s NANE """I Aaawun LOAN NUM E CO•BORRONER'6 NAME AT ` 74 EY If 7 MAT ITY T O FIXED VARIA6LE ANNUAL PERCENTAGE FINANCE CHARGE: Amount Financed: The amount of Total of Payments: The amount RATE: The cost of your credit Th ll credit d i as a e prov o ar amount the credit will ded to you or on your you wilt have paid after you have yearly rate • . cost you. behalf. matle a9 payments as scheduled. 0.49 % a $ 22,327.31 4 $ 45.609.77 e f 66,137.06 Verbble RAW" your loan has a vsrieble tale Indotted Above the Annual Parwfitape Rata may Incresse during Me lam or this front •c uon If to (Index) changes. The credit union will cod 4 margin a to the index valueas. The raft sea change monthly on the first dAYy 01 the moth. The rata wit giver this hp ar oleo the m•nmum lone es b few, and it M1 never be Para than . Any imare¦t tale increases will re . The lt I y su n more payments of to Is"* amount. For Example, II your loan w1r for $5,000 At 15% (or 45 monlhl and Ina Annual Peruntspe Rate Incr se.. d by 2%olle, am year, the term of your loan would Inmate by Iwo months •PrNOmd Rab: IrryclletllAd. Ow I9tlowinp ¦ppeex IQ your ban: Auto AO Pmenl piscountod ats: Beca h use you ave agreed to make your r¦aulred monody Payment tlrouph an automatic deducton from your CheckingrSetinps c00un1, your ur ANNUAL PERCENTAGE RATE has been dbcounied by 20%, The ANNUAL PERCENTAGE RATE disclosed above in the ANNUAL PERCENTAGE RATE box is l Ile AvOm adcPa yme nt DiscouDlsd Rae. This role vale Increase b ANNUAL 2 %tl RATE y. you coast me auerlNec payltenl arrenpemml a lab to maintain cover t he In your payments. In such a case, the eRecl of tie Inuv@se vde be to exI#4d me [arm of yew IWn l to For i I 85 0 loan . examp 0 Ch e, . 00.00 t your At lomalk Payment Discounted Rata is 10% e Rat 0 loan for 00 monme and you cease Ole aubmalic Payment arrangement, your role wil Increase to 10.20%, resulting in I addition. l pa Variable Rate Preferred loam ment II l y . . your oan is a vedabie rate loan and you quality for a preferred lots, Vow Phil Is taken the time you lake out yow ban. This Imdal pnfemed ANNUAL PERCENTAGE RATE coil men trted discount vary According 10 de as in The Index (as Disclos d PE b e a ove) For sxampis, if A variable Iota WWII Initial ANNUAL RCENTAGE RATE Is 12% at the done you take the loan, your InIOAI Preferred ANNUAL PERCENTAGE DATE wW be N/A%. Your Initial Prolened ANNUAL PERCE RATE sell then very According A[ the IndeA ea disclo d I t ' - . se NTAGE o . Variable ote provition ablave. Fhled R.I. Preferred Loan.. It your ban 1s a bred time .an and you quality 1« a p/eforred me, your ANNUAL PERCENTAGE RATE won be th PERCENTAGE RATE disclosed t b f a ove e pre ened ANNUAL or as ton se Preferred status nm•Inr In eOaet. Number of Payments Amount o(Paymanto Paymen[ FIoquency When Payments Are arty Insurance: You may obtain property your 7ance from anyone you wool that is acceptable to P .ym.nl 119 S587.81 Monthly -Beginning 0912012007 redit union. II yoU gel the Insurance from the Sf1e01It t union you will a P Y 1 Yoe b.: $507.69 Final Due • On 06/20/2017 A Seeunty: Coealaral serArhp the, bans In the era u the poedr or property Other rvW abo wowe this ban. You are giving a sawInterest In being purchased. (Desbnbe your shares Ardor deport In mA Credit union, .2: ) : Lab Charpc Il a yyaymenl is INe Dy 10 dAya a mom you wig Raqulnd Dspmit Babna: The Annual Parcenlape R•le does Filing Fwa: No be charged a late feo of 5% of your schedu d Fill n• m t I np pay en nsurance: , not take hto Account your required dApesh babnci ll any. NIA W A f f rtPS a,tn : . If OR e y y vid! v pay AI , year net w l pW t paM yararo at Yy .try npr ym.n n IMaM taaYr . b. IM tN.tlulyd ONa cold mrf/tMdt IoM e i M4M7 p,Ma•a. •nlvvcv a 45.609.77 Amount Paid to others on your behalf (Describe) AMOUNT GIVEN TO YOU DIRECTLY $ 8,626.38 $ 11604.43 To MbN,Ma Ub j 4X1,13 T DISCOVER FIN 6 AMOUNT PAID ON YOUR ACCOUNTS $0.00 $3.373.00 To Merhavow L0. To FNa OMAHA j 15.976A1 $2.136.97 o To M A 7 MIM T DANK OFAMERIC PREPAID FINANCE CHARGE $ O.OD $x.16).31 S act, To CHASE To AwdSOlWons $0.00 $0.ao o To FNa To Aa•a riokllren. OTHER (Describe); 299 ALLENDALE WAY You agree mi the lams and conditions In Ole diad.owe statement and the ban than one and s0lxlny agreelente bested on peps 2 0l cols downenl snot a bOROwar, cos spree "I at the conditions of le loon and 82OUrey agreements governing [Me loan that apply tIt Dolh PpY b this IoM. II there is mono receaine • dopy of the loan end 1AWdy, ¦prsem•nts and disclosure MAtelenl, Co-alpnor; II you an Mpn[ng ss 0o-signor, you •ln toothily Ywsdge rentM of You acknonalode that ou the notice to co-upni, new contained on page Of 2. sTV DATE CO-MAKER •OTHERO R "CO-SIGNER DATE (SEAL1,0110 , X (SEAL) 'OTHER GWMER 0 ••CO•SIGNER DATE 0 CO-MAKER ? -OTHER OWNER '-COSIGNER DATE (SEAL) X (SEAL) CO-MAKER E) -OTHER OWNER C] "CO-SIGNER DATE C) CO-MAKER 0 'OTHER OWMER CO-SIGNER DATE X (SEAL) X (SEAL) 'CT- Owwte: A+r nwr W,a hO • wae.N bwMl wtM Inn r Y ItNw w b..wP b low abw-arYrgelaMwwal abwlow. rM-d? .nbr lobe--awwa,-r, union hw a-1" -1 M III e.euawr ft etpuivld h IM stripy A1— 'C0,10011401! Vewl.walA ft I vela n nA rY Mr/bk prywM M1M IM ? ?wM b MY eM Mal eN YMwYAY InN ev-N,-Nrr N„orb- N whW M w YM wuN eava M... M MY. rwrb daM cowN avw.,I.wIna low Ih. TM 10111iwlrj - ._w _ _...____r __.- -..?.... n,wn con, -nu n'dal. M qua an rrel egbr a I'su'. r. - ._ • -'.--' a 0 t it. inlama, va b, ee bao- TO a It"Olet IMUIeMr A?PUCANT CO IpLIGAgT. I. oFeIagt It dr A b01ne1' ta GYefee .Aee wn ardvl q se W a/) We you M under A" 70 on ea atMtlultO mNUwy daY of yew W0 1 (ApPlnela b ,1TVLJ Y 8 NUS . year be NIAN tip TO an coo tcMdubd wry dab el rw ban AND to you P ay worhbp owida year Mmt rwaMpaarpoM ter 311 hev. Y rren ptrweM ale Mw Mtnw worAklp q 3p dqt m coon Minn en G1.7 b atltlllbn, N your Isan tYlwda t xS. Pw NpewNe agNlddn meal Mae M entwtntl b srNr b MI.ImFw NlabMlix w you ar WW-;I- wd ? ? ? 7. l0yee cot by Ad rM :soefeaaY Nk of or stied Ip?taxies' tit.rl Idlt4 w eonmry arl.ry dlarN, sYOx., otItw ? ? ? ? VYmm Atqu W w1 thew M1 At!.- kona e -- 1. M ,b..l or AIDS Rtlwd COmdbY ARC T r ( nnwn qu . of Iny (our) 41•Al.dy M Mbl. N rrry air-aOldbanl a I an,wor We, b y o• 7. vn unbnland coal eia person ,t not allgga terinlYnnct And me not M klrund. Il lrry W-aDOttJn1 v I "I W to Yb MH aMywrYn' lA eYetlio t J. vw unda ii ed eel No An tepbb IN inweanQ YP to an trmY41ou not thew . i 1 1, 2. 11.00. o •.e.clNa diva of rre (our) btwanG Yhel be tie UN 01 ear APP&Adon Any person who knoMMly e Mllltl h bbnI b wlnud any bsownso t.mpany Decor Parson ribs .n p kulen for In.Ynnn whbh I. a Id., ..d auMlot cll Muah y meNrbey lalta FIlermalbn or i-Melt lot M. Wrpoae 1 mhbadMq, InlernaNan tAMtminyy yy IMI matt rbliMnlo comrNn t InuMlcm Intunnta rl b1anM s Roan le nIMM tn0 eHll twnaNta. 0v no, sign Ilse pPliI.e. A ..Y.Melk.M. wee an Mt MI. TMa apPlleAlbn will net M uwtl In tenle,l M III ,PPI1'. PteN h.w lost been temPbbd, IM debtor hoe not •ipn.d Ind dated Ihe applkelisn Ind R IM .ppllceken he, not a.an wllne.,.d. CREDIT INSURANCE APPLIED FOR: NOTE: ONLY ONE APPLICANT MAY APPLY FOR DISABILITY COVERAGE. Q Yes ? No Single Credit Life Total Premium ? Yes Q No Credit Disabilty Total Premium Yes ?K No Join( Credit Life Indlule WhICh OPPlicanl(s). ?K Appkoanl o C0-AppliGnl $ 1,004.43 Indicate which appikent(s): Applicanl E] Co-Applicant $ 000 You M nwhe a lei ma ryp,a s wraps Ia urM1itll • sharp. h InOiubtl on Fla apVkaden. APPLICANT' IGNATU DATE OF BIRTH GATE -APPLICANT SIGNATVR DATE OF BIRTH DATE X P'yi it, X T SECONDA Y 9 NEFICIARY (APPLICANT) SECONDARY BENEFICIARY (CO-APPLICANT) YiL? 431A37 A MHC-411700 37 LASER-MRO F 11769 Rev I/Ol >nywnka, Inc Nlrghb r,Nnad Exhibit "A" 0 nr NAME LOAN NUIMlA ACCOUNT NUMBER OAT, Or LOAN JOSEPH C BENDER 217485 28602502 o.-II2007 INAH THED ESAESABORGREROWEEMENTgj THE WORDS'CREDIT UNION' MEANS MEMBERS IST FEDERAL CREDIT UNION. THE WORDS 'YOU,"'YOUR' AND N R (S ). -YOURS' MEAN THOSE LOAN AGREEMENT adilli6 Uilereiron Iha overdue namo rile pmd rl " cue, you will pay Allocation of Payments and Additional Payments: Payments and tCredits ies or $hall owing, WIich?idr1q any following order: any amounts post "erreeaI or fil?anco drspsa;Outsunding pnnclPal. Paymanls made In addition 10 mail 'rorerry extenemg I- rrrns 0r your mart You Dramlee to continue a n longer and to "reef a OW fibre under this groement even II You no receive the preferred W. Late Charges: If you make a late pa nt you agree to pep a late charge N one Is Qlsgoaed on page 1 of this tYOCument. Property Insurance: If you obtain a loon seated by a motor vehicle or ocher to Is pr V. you latest obtain Insurance which protects the credit union hem Affect l Was. The amount and ooywape of the property, hnsurence moat be able to the credit union. Such a policy m' recce at leasI Are, the combined additional coverages and tx3111s1on cr t wdorlttB kncehoWrostnr. You may Obtain tai iinra hom any agent of YY rychoke and direct the agent to send the credit union a copy of the Debtor Responsibility: You promise to nobly credit union of any change In your name address or empbyYmenl. You promise not to apply for a ban it you know there is a reasonsaM probabilityy that you Mp be unable to repay your obligation according to the lams of foe credit extension. You promise f0 inform credit union of any new information which relates to your ability to Inn y bnOSwitlfion, You Pr l ise, ut to sruebga t false or Inaccurate credit standing, or credit capacity. rig your creditworthiness. Statutory Lien: 8 you are In default, federal law c?vea the credit union the right to apply the balance of shares afdra do kknas In our account at tfhe Gme of elaull to sati;ly this ban. Once you areM default, the eredil union may exercise INS I wilhout further "owe to you. DO) In Enforcement: Credit on delay enforcing any of the credit union rights under this agroarmUniwithmelosing them. Irregular Payments: The credit union may "I late payments or porgal payments. wen Ihort marked "payment in. full, wilhoul losing any of the credit union r M undesrtpBnila egreemenl. be eegquic I Ithi re. halo we wlh t he borrower but the credit union may suue to either orbop' of par, The credit union coca not have to noti v you that this agreement has not been paid. The credit union may extend the terms of P18I rnesibillty o^leMlla apfea e^I without notifying or releasing you from CoMraetual Pledge of Shares: You pledge all your shams and deposits in the credit union, Including future additions, as security for this loan. In cue you default. the credit unto. may apply these shares and deposits to the payment of all sums due at the time of default hctudina costs of collection and he asonable.tbrmY'S lees, dell the credit union may incur, up to 20X of the unpaid principal and Interest. Me If.. or right to Impress a lion on shams and dapofll. shag apply tit any of your shores which may be held in an "IndWidud RolimmenI Account" or "keoph plan." 61002/99 You are bang asked to guarantee this debt, Think arefully before you tlo. I( the bortovrer tloesnT pay the debt, you will have to. Be aura you can afford to pay if you have to, and Iha' you want to accept this responsibilSy. You may he" to pay up to the fun amount of the debt If the borrower tlas not pay. You may also have to pay sale fee. or collection costa, which increase this amount. The creditor coCnecoascl this debt from you without first byln to Collect from the borrower. The creditor can use the same collection methods against you that record.. This no Joe s not the contract hat mas kes yoouu, liabkhf?or lore debt egos, alc. If this debt is ever in default, that lac' may become a pan of your credit SECURITY AGREEMENT 1. TO ." wpaymem of this bars and atl ea r1dnums Ineurntl ply the credit union M F4tfnnectlon with thlo loan, or hIUbyy Or1 a sacurily iq enjl, you pram o, crodil union t}fteeudty Inlansth tl1i oosn desen on paae of ? a doCUre IIM1I. Tna Njerny hbnsl lncbdH all Inc .sea, fu6slWnbns rrd - %-- b IM second proper' . dC...d,.r I. r any I on aerly. _ d progeny and all eenlnp?E noised Iron iM secured cured prop CCrosemel bnlliNlon: Property pWeenn tie ?eeur W fur rhl. Icon or for any thor ban err Ms Mal IM cndlt Yn on w I secureas amounla ofrower owes the chipun on rove and h Ufa tun. lbwwer, progeny ecurbo?notper deal w111 not..curl cob ban If such P= is wi a O . cos neWenu luP . me proper nseMSbn rlotkas an Chian and anYY et Mr boat requltemen4 am or an non•purcMSe roomy houMold poo8a. 2. YOU 9 n1010 Mpa Iha option W, Mit or aansbr IM mtabral ualeaa ou have ,he rnp u 1 e poor m,er txrnaam y 3. YOU vranarrl prat M W We to the cotalarN. Im of sat security bnerutr st of l Ile p a IM Z:1.11 = toof a ad the laid nCIP's pang inen•b M Aron-coo pylopop.ownver 4. der*Mugl d al taafx". assajarmN., and tells QPIMSII or allachad 10 the property aasupppaWa ahapar. Ydomuar tie Ilho?a aaiWe ;nirrq jtmafirnenlrq•chuodu?sed rn a any .=.d. pa4Tru 1l?hkd P a WhCref it union 4 ngwN and will der M the properly 5. annt u n-1 Yoopw?ll?,aMUhUOryIMy?ymal union Voce v W?nglta?acl?hi cn urea wwdh pool u r?iW rd?obtalygr ?nMNbarga? and adtl IM 074 ol?wdi bytha l sums owed. a Sal wt wr hbnat N err ?rNract nla unW paid. Voce lunhsr `aalpn?M oblha mat union pta rloM to naiveve tM prpxoetaeds o1 }ny mwnnco on u W?llorizi IM veydHlrruMar b seniluia oimr err dr a dra to Cbdil tM prowads a such inwnna, and a W In Pr^ad w IMqyclndp uniort rI? ?rad? 1oPW?Y tMwje Prow s to a sums owed b w11p 1M nacei+i Y IaNamalbnlluorMwnSCilbn d W agwhrWwrap!e Center You acknwWetlw IMt Insists or airy OgaWOn prarool. pbced ppvy Me Uedil unb is1wUwu nefn to you k1lWdua but lo p many for IM Pdr.% h07'r the cred?l 8. ShquM the ondll union Issl at arty time IMI the . rdy "resented his liftable in value, or lot en as W teal l al add dNNonar seartmN Ia required, you agree to u ' {o Ccrredo unpin wNrdn ten LID ) days whatever atlalgnal severity IM seal ur INI. la MpeeDry IQ Prot of the credit union agshsl pwM01e loss. to pay, at F. 43768 1102 APPRO SySIOPP. mc, 2]41078 Page 2 of 2 enOloa ?r.?l M11ort 1__s Mrpy aDpokriad g:1. our A110omay?nFael b pe^orm any feeu'I nlMai vicalf n .bob N y pfdlaa lM pgbnl and lM 'f Intro lo oleo IMe one bormwar, obllgaeens under 'leis agreement are dm and awn, cent' belrtp egueey nwonillbN to ru1M tM'arms of this agreement. hThb >.L•a ry agraemenl rot only binds you, bug your saecutors, adminisualors. ALL THIN CEATAIN piece or parcel of land situate in the Township Of Lower Allen, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the edstarly side of Allendale 'Way, which point is eight hundred fifty-four and ninety-seven one-hundredths (854.47) feet in a northerly direction from the northeast corner of Allendale Way and Fieldstone Road at the dividing line between sots Hop, 3?2 and 323 of msntioned Plan; thence by Allendale Way on an arc ourvingl to the left having a radius of seven hundred thirteen and five one-hilndredtrie (713,05) feet ninety (90) feet to a point at the dividing lines between Tots Nos. 323 and 324 on Plan of Section 5; thence by the game South eighty-nine (89) degrees twenty'-nine (29) minutes twenty-seven (27) seconds East one hundred forty-eight and fifty-two one-hundredths (148.x52) feet to a point; thence South aight (8) degrees rero (0) minutes West one hundred eighteen (1.18) feet to a point at the dividing lines between Lots Nod 322 and 323 of the Plan; thence by than same North seventy-eight 78) degrees fourteen (14) minutes west one hundred th rty- nine and three one-hundredths (139.03) feet to a point on the easterly line of Allendale way, the PlaQe of DZING all of Lot No. 323, Plan of Section 7 of Allendale, Lower Allen Township, dated 19 Septomber 1962, approved by the Planninq Commission of Lower Allen Township, 1 May 1963 and the Board of Commissioners of Lower Allen Township on 10 June 1963 and recorded in the Office of the Recorder of Deedo of Cumberland County in Plan Book 14, Page 24. (,0 c HAV'IN'G THEREON BABCTED a one story brick and frame a ' p dwolling known and numbered as 299,Allendale Way, Can Kill, Pennsylvania, 17011, e Being tax parcel #: 25-0010-0070-0000000-13 Being the same premises which Gertrude D. Bender by her deed dated November 18, 2005 and recorded in the Cumberland County Recorder of Deeds Office at Deed Book 272, Page 1734 granted and conveyed onto Joseph C. Bender. `1, Exhibit "B" Prepared By: Members 1 st FCU 5000 Louise Drive Mechanicsburg, PA 17055 When recorded mail to: FIRST AMERICAN TITLE INSURANCE LENDERS AD VANTAGE 1100 SUPERIOR AVENUE, SU1.7F 200 CLEVELAND, OHIO 44114 ATTN.• FT1120 MORTGAGE Made 08/21/2007 Between JOSEPH C BENDER I aq W s? (hereinafter called "Mortgagor") And MEMBERS 1ST FEDERAL CREDIT UNION (hereinafter called "Mortgagee") Whereas, Mortgagor has executed and delivered to Mortgagee a certain Mortgage Note (hereinafter called the "Note") of even date herewith, payable to the order of Mortgagee in the principal sum of $ 45,809.77 , 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 LOWER ALLEN TOWNSHIP Cumberland County, Pennsylvania SEE ATTACHED EXHIBIT "A" *60-/ # aS-d6 16 --60 P6 - GD 6 6 6 d s _ /. which currently has the address of 299 ALLENDALE WAY [Street] CAMP HILL Pennsylvania [City] Acct No Vr`? ApplD 21748502 17011 [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 21748502 Page 2 of 4 (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 21748502 Page 3 of 4 Witness the due execution hereof the day and year first ab writte . IOS H C BENDER Commonwealth of Pennsylvania ss: County of CUMBERLAND day of AUGUST ,2007 , before me, , the undersigned officer, 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. . s' -rlw My commission expires: Notarial Seal Jodyy L, Travis, Notary Public Upper Allen Twp., Cumberland County My Commission Expires Sept. 29, 2008 1,erteficate of Residence of Mortgagee Member, F'enr)svlvania •q?<,r;, stior N ar Members 1ST heJeral redtt?nion, Mortgagee within na a -hereby certifies that its residence 60 is 5000 Louise Drive, Mechanicsburg, PA 17055. By Acct No AppID 21748502 Page 4 of 4 EXHIBIT "A" LEGAL DESCRIPTION A PARCEL OF LAND SITUATED IN THE STATE OF PENNSYLVANIA, COUNTY OF CUMBERLAND, WITH A STREET LOCATION ADDRESS OF 299 ALLENDALE WAY; CAMP HILL, PA 17011-8403 CURRENTLY OWNED BY JOSEPH C BENDER HAVING A TAX IDENTIFICATION NUMBER OF 25-0010-0070-0000000-13 AND BEING THE SAME PROPERTY MORE FULLY DESCRIBED IN BOOK/PAGE OR DOCUMENT NUMBER 272-1734 AND FURTHER DESCRIBED AS LOT 323 SEC 7 PB 14 PG 24. 25-0010-0070-0000000-13 299 ALLENDALE WAY; CAMP HILL, PA 17011-8403 111218141182H161111111 BENDER PA 217485 34235939/f FIRST AMERICAN LENDERS ADVANTAGE MORTGAGE 1111111111111111111111111111111 Ill 1111111111111 ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 200735528 Recorded On 9/12/2007 At 10:07:08 AM * Instrument Type - MORTGAGE Invoice Number - 4312 User ID - RAK * Mortgagor - BENDER, JOSEPH C * Mortgagee - MEMBERS 1ST FEDERAL CR UN * Customer - FIRST AMERICAN * FEES STATE WRIT TAX STATE JCS/ACCESS TO JUSTICE RECORDING FEES - RECORDER OF DEEDS AFFORDABLE HOUSING COUNTY ARCHIVES FEE ROD ARCHIVES FEE TOTAL PAID $0.50 $10-.00 $13.50 $11.50 $2.00 $3.00 $40.50 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA of Me 0 4 P4 RECORDER O D DS »ao * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. * Total Pages - 6 (Rev. 9/2008) Date: July 21, 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 ij provided in the attached pages. The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM ( MAP) The name address and hone umber of Co nsu mer Credit ec ce Counseling A gQn? rr ngyour County are listed at the end of this Notice I f you have ? _ anj questions, you may all the ennsv vaia Housing Finance Agency toll 're j at 1-100-3 41-;M7. (Eersons with impaired hearingy can c all ( 717) 780-18 691. 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 I of 5 Exhibit "D" HOMEOWNER'S NAME(S): JOSEPH C BENDER PROPERTY ADDRESS: 299 ALLENDALE WAY CAMP HILL, PA 17011 LOAN ACCT. NO.: 265025 - 02 ORIGINAL LENDER: Members 1" Federal Credit Union CURRENT LENDER/SERVICER: Members 1" Federal Credit Union HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM 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 coup 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 uD to date. NATURE OF THE DEFAULT --The MORTGAGE debt held by the above lender on your property located at: 299 ALLENDALE WAY 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: FOR 5/20/2009 IN THE AMOUNT OF 117.50, FOR 6/20/2009 IN THE AMOUNT OF 567.01 AND 7/20/2009 IN THE AMOT INN QF 567-03 Other charges (explain/itemize): TOTAL AMOUNT PAST DUE: $1,251.56 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 $ 1,251.56 , 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• Tracey Mackey 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 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 pronert^. 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 he required to 118 attorneX'sfees. OTHER LENDER F.M .DI .4 -- 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 t 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 mort_gaee.. 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: Memherg't Federal .r di Inion Address: 000 Louis Drive Mechani sh o, PA 17054 Phone Number: 717--- -, Sd_ $ or (800 „ 283-2328 Ext 5438 Fax Number: (717) 794_5207 Contact Person: Tra a MackeX E-Mail Address: macke??memhers1st_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 • 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. Certified Mail # 91 7108 2133 3936 2350 0266 Page 5 of 5 HEMAP Consumer Credit Counseling Agencies CUMBERLAND County Report last updated: 10/15/2007 10:03:08 AM Adams County Interfaith Housing Authority 40 E High Street Gettysburg, PA 17325 717.334.1518 CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 888.511.2227 Community Action Commission of Captial Region 1514 Derry Street Harrisburg, PA 17104 717.232.9757 Loveship, Inc. 2320 North 5th Street Harrisburg, PA 17110 717.232.2207 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 717.762.3285 PHFA 211 North Front Street Harrisburg, PA 17110 717.780.3940 800.342.2397 Servicemembers Civil U.S. Department of Housing MB Approval No. 2502-0565 Relief Act and Urban Development (exp 4/3012007) 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 MMav 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 Lyal Protections Are Servicemembers Entitled To Under the SCRA? The SCRA states that a debt incurred by a servicemember, or servicemember and spouse jointly, prior to entering military service shall not bear interest at a rate above 6 percent during the period of military service. The SCRA states that in a legal action to enforce a debt against real estate that is filed during, or within 90 days after the servicemember's military service, a court may stop the proceedings for a period of time, or adjust the debt. In addition, the sale, foreclosure, or seizure of real estate shall not be valid if it occurs during, or within 90 days after the servicemember's military service unless the creditor has obtained a court order approving the sale, foreclosure, or seizure of the real estate. The SCRA contains many other protections besides those applicable to home loans. How Does A Servicemember or Dependent Request Relief Under the SCRA? • In order to request relief under the SCRA, a servicemember or spouse, or both, must provide a written request to the lender, together with a copy of servicemember's military orders. The Lender providing this Notice is Members I" Federal Credit Union, ATTN: Arlanda Dintaman, 5000 Louise Drive, Mechanicsburg, Pennsylvania, 17055. The phone number is toll free (800) 283-2328. How Does a SerAcemember or Dependent Obtain Information About the SCRA? The U. S. Department of Defense's information resource is "Military OneSource". Website: http:Hwww.militarvonesource.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://Ie alassistance.law.af.miI/content/iocator.php form HUD-92070 (2/2'007) Form 3877 Mailer's Name and Address: Members I st Federal Credit Union 5000 Louise Dr MECHANICSBURG, PA 17055 Permit Number: 9223844001 Sequence Number: 0000281 Pages 1 MAC Cert. Ver. Num. SendSuite - MAC v6,00.6.01.J Pc ID #/ Addressee Name Postage ES ES insur Due Total Article # Delivery Address Type Fee ed Sende Charge Z90000002004S Joseph bender 0.610 C 2.800 0.00 4.510 91710821 33393623500266 299 allen dale way ERR 1.100 camp hill, PA 17011 Page Totals: 3 Cum Totals: 3 4.920 11.700 4.920 11.700 16.620 16.620 USPS CERTIFICATION Total Number of Pieces Received: Signature of Receiving Employee e o PA ?. JUL ?"s , r $ 01.2fio ?• nrn425095 2 ' •7055 -? rvnnA 71POODE Exhibit "E" Form 3877 (Facsimile) SendSuite - MAC v6.00.6.01 .J J ERS 1 sr FEDERAL : IN THE COURT OF COMMON PLEAS T UNION : CUMBERLAND COUNTY, : PENNSYLVANIA PLAINTIFF VS. NO.. H C. BENDER DEFENDANT : CIVIL ACTION-LAW MORTGAGE FORECLOSURE VERIFICA'T'ION I, Arlanda Dintaman, Collateral Liquidation Specialist for Members I" Federal dit Union, being authorized to do so on behalf of Members 1" Federal Credit Union. eby verify that the statements made in the foregoing pleading are true and correct to best of my information knowledge and belief. I understand that false statements are de subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unworn ion to authorities. Members 1a Federal Credit Union By: s C,G?S. Arlanda Dintaman, Collateral Liquidation Specialist 6 0 OF Ti lr n,Tn?? 50 p rJ A'TTI c?? ?taa R? a3iai s Sheriffs Office of Cumberland County R Thomas Kline FILED-0r"riCE Sheriff OF THE pq,,O! ?'DNOTARY p o?airub Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor ?• 4 orr??? _ ?:.?;FF ZQQ9 OCT -5 AM 11: O 3 CUMPENNS VA41 1Y Members 1st FCU vs. Joseph C. Bender Case Number 2009-6527 SHERIFF'S RETURN OF SERVICE 10/01/2009 03:50 PM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on October 1, 2009 at 1550 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Joseph S. Bender, by making known unto himself personally, at 299 Allendale Way Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $41.94 SO ANSWE oat October 02, 2009 R THOMAS KLINE, SHERIFF By De y herif f Karl M. Ledebohm, Esquire P.O. Box 173 New Cumberland, PA 17070 (717)938-6929 MEMBERS I"` FEDERAL CREDIT UNION PLAINTIFF : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA NO.: 09-6527 Civil JOSEPH C. BENDER DEFENDANT TO THE PROTHONOTARY: CIVIL ACTION -LAW MORTGAGE FORECLOSURE PRAECIPE Please enter judgment in the above captioned proceeding in favor of Members 1St Federal Credit Union, Plaintiff, and against the Defendant, Joseph C. Bender, in the amount of FORTY-THREE THOUSAND NINE HUNDRED SEVENTY-THREE AND 66/100 DOLLARS ($43,973.66) plus interest at the legal rate on and after entry of judgment until the date of payment, additional attorney's fees and costs of suit and for foreclosure and sale of the mortgaged property. Judgment is entered pursuant to Pa. R.C.P. 3031 for failure to file an Answer on behalf of Defendant, Joseph C. Bender, to Plaintiff s Complaint within twenty (20) days of service thereof and after a I0-day Notice was sent. Date: November 9, 2009 Supreme M. Ledebohm, Esquire Supreme Court ID #59012 P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 Attorney for Plaintiff I hereby certify that notice of intent to take default judgment was forwarded to Joseph C. Bender by United States Mail, first class, postage prepaid on October 26, 2009. The aforesaid notice was contained within an envelope bearing the return address of the undersigned. The notice has not been returned to the undersigned as undeliverable or otherwise. A copy of the notice and Postal Form 3817 are attached hereto and marked Exhibit "A". Karl A Ledebohm, Esquire P.O. Box 173 New Cumberland, PA 17070 (717)938-6929 MEMBERS I" FEDERAL CREDIT UNION PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 09-6527 Civil JOSEPH C. BENDER DEFENDANT TO: Joseph C. Bender 299 Allendale Way Camp Hill, PA 17011 CIVIL ACTION -LAW MORTGAGE FORECLOSURE IMPORTANT NOTICE PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, I AM REQUIRED TO INFORM YOU THAT THIS LETTER AND ANY SUBSEQUENT CORRESPONDENCE OR COMMUNICATION IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or (800)990-9108 Exhibit "A" Date; October 26, 2009 Respectfully submitted, r Karl M. Ledebohm, Esq. Supreme Court ID #59012 P.O. Box 173 New Cumberland, PA 17070-0173 (717) 938-6929 Attorney for Plaintiff cJrTr--DO?,dT ?PbSFdL „. SER:?/K'Eo ?rnls C. - - Certific ?n a i rhls to, From '' - C M C_ K? o a s - Karl M. Ledebohm, Esq. - P.O. Box 173 = New Cumberland, PA 17070-017" To Z m C o -4 c 3~ C N O ON cr) zrnoW?, ca 'i .or?voi ?v , O Z D L/l c m a PS Form 3897. P.prfi 2007 PSN 7530-02-000-9065 r 77 TP? f TY 4.00 Pq AT1`/ cv v 34(0'1 R.Y* a33 31 lJahcQ. OUXLLd f . It Karl A Ledebohm, Esquire P.O. Box 173 - New Cumberland, PA 17070 (717)938-6929 MEMBERS 1 J' FEDERAL CREDIT UNION PLAINTIFF JOSEPH C. BENDER DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 09-6527 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: Joseph C. Bender 299 Allendale Way Camp Hill, PA 17011 You are hereby notified that on K)DV . 101A , 2009 the following judgment has been entered against you in the above captioned case: Judgment in favor of Members 1" Federal Credit Union, Plaintiff, and against the Defendant, Joseph C. Bender, in the amount of FORTY-THREE THOUSAND NINE HUNDRED SEVENTY-THREE AND 66/100 DOLLARS ($43,973.66) plus interest at the legal rate on and after entry of judgment until the date of payment, additional attorney's fees and costs of suit and for foreclosure and sale of the mortgaged property. Judgment is entered pursuant to Pa. R.C.P. 3031 for failure to file an Answer on behalf of Defendant, Joseph C. Bender, to Plaintiff's Complaint within twenty (20) days of service thereof and after a 10-day Notice was sent. f . 1116 Dated: is: InIntihonotary I hereby certify that the proper person to receive this notice under Pa. R.C.P. 236 Joseph C. Bender 299 Allendale Way Camp Hill, PA 17011 A: Joseph C. Bender 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 segun indicada en el certificado de residencia: Joseph C. Bender 299 Allendale Way Camp Hill, PA 17011 Date: November 9, 2009 M. Court ID #59012 P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 Attorney for Plaintiff WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-6527 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MEMBERSIST FEDERAL CREDIT UNION Plaintiff (s) From JOSEPH C. BENDER (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 $43,973.66 L.L. Interest FROM 11/10/09 AT THE LEGAL RATE Atty's Comm % Due Prothy $2.00 Atty Paid $755.76 Other Costs Plaintiff Paid Date: 01/21'/2011 David D. Buell, Prothono (Seal) B -12 . Deputy REQUESTING PARTY: Name: KARL M. LEDEBOHM, ESQUIRE Address: P.O. BOX 173 NEW CUMBERLAND, PA 17070-0173 Attorney for: PLAINTIFF Telephone: 717-938-6929 Supreme Court ID No. 59012 f . Karl M. Ledebohm, Esquire P.O. Box 173 New Cumberland, PA 17070-0173 (717)338-6929 OF TtjE P OTkFt1 OE TAR, 2Ut t JAN 21 PN 3.04 CUMIERLAND COUNI-Y PENNSYLVANIA PRAECIPE FOR WRIT OF EXECUTION - (MONEY JUDGMENTS) P.R.C.P. SECTION 101 TO SECTION 149 ETC. MEMBERS 1 ST FEDERAL CREDIT UNION PLAINTIFF Vs. JOSEPH C. BENDER DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO.: 09-6527 Civil Term Amount due: $43,973.66 Interest from: 11/10/09 at the legal rate Atty's Com. N/A COSTS TO BE ADDED TO THE PROTHONOTARY: ISSUE WRIT OF EXECUTION IN THE ABOVE MATTE (1) Directed to the Sheriff of Cumberland County, Pennsylvania; (2) against Joseph C. Bender, 299 Allendale Way, Camp Hill, PA 17011, Defendant; and (3) and against N/A Garnishee (s); (4) and index this writ (a) against Joseph C. Bender, 299 Allendale Way, Camp Hill, PA 17011, Defendant; (b) against N/A Garnishee (s), and levy upon and seize the following real property of Defendant and index this writ against the following real property of Defendant as a lis pendens: hl- bU EI mil- Gu 10 7SS-. 71p --1 All that certain tract of land and improvements thereon erected situate in Lower Alleno-? &tv (10 Township, Cumberland County, Pennsylvania, known and numbered as 299 Allendale &-it /II '7 fib#asue, (P ?2 r" Way, Camp Hill, Pennsylvania 17011 and as more particularly set forth and described on Exhibit "A" attached hereto and made part hereof by reference. (c) Exemption has (not) been waived. Dated: January 18, 2011 Karl A Udebohm, Esquire Supreme Court ID #59012 P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 Attorney for Plaintiff t. ALL THAT CERTAIN piece or parcel of land situate in the Township of Lower Allen, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the easterly side of Allendale Way, which point is eight hundred fifty-four and ninety-seven one hundredths (854.97) feet in a northerly direction from the northeast comer of Allendale Way and Fieldstone Road at the dividing line between Lots Nos. 322 and 323 of the hereinafter mentioned Plan; thence by Allendale Way on an arc curving to the left having a radius of seven hundred thirteen and five one- hundredths (713.05) feet ninety feet to a point at the dividing line between Lots Nos. 323 and 324 on Plan of Section 5; thence by the same South eighty-nine (89) degrees twenty- nine (29) minutes twenty-seven (27) seconds East one hundred forty-eight and fifty-two one hundredths (148.52) feet to a point; thence South eight (8) degrees zero (0) minutes West one hundred eighteen (118) feet to a point at the dividing lines between Lots Nos. 322 and 323 of the Plan; thence by the same North seventy-eight (78) degrees fourteen (14) minutes West one hundred thirty-nine and three one hundredths (139.03) feet to a point on the easterly line of Allendale Way, the place of BEGINNING. BEING all of Lot No. 323, Plan of Section 7 of Allendale, Lower Allen Township, dated 19 September 1962, approved by the Planning Commission of Lower Allen Township, 1 May 1963 and the Board of Commissioners of Lower Allen Township on 10 June 1963 and recorded in the Office of the Recorder of Deeds of Cumberland County in Plan Book 14, Page 24. HAVING thereon erected a one story brick and frame dwelling known and numbered as 299 Allendale Way, Camp Hill, Pennsylvania 17011. BEING the same premises which Gertrude D. Bender by her deed dated November 18, 2005 and recorded in the Cumberland County Recorder of Deeds Office at Deed Book 272, Page 1734 granted and conveyed unto Joseph C. Bender. BEING TAX PARCEL # 13-25-0010-070 EXHIBIT `A' -_ Karl M. Ledebohm, Esquire P.O. Box 173 New Cumberland, PA 17070 (717)938-6929 OF THELPROTHON TARy 2011 JAN 21 PM 3: 04 CUMBERLAND COUNTY PENNSYLVANIA MEMBERS 101 FEDERAL CREDIT UNION PLAINTIFF JOSEPH C. BENDER DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA NO.: 09-6527 Civil CIVIL ACTION -LAW MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 Members 1St 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 Lower Allen Township, Cumberland County, Pennsylvania, known and numbered as 299 Allendale Way, Camp Hill, PA 17011. 1. Name and address of owner(s) or reputed owner(s): Joseph C. Bender 299 Allendale Way Camp Hill, PA 17011 2. Name and address of defendant(s) in the judgment: Joseph C. Bender 299 Allendale Way Camp Hill, PA 17011 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Members 1St Federal Credit Union Attn.: Lynn Unger 5000 Louise Drive Mechanicsburg, PA 17055 Chase Home Finance LLC 3415 Vision Drive Columbus, OH 43219 J. 4. Name and address of the last recorded holder of every mortgage of record: Members 1" Federal Credit Union Attn.: Lynn Unger 5000 Louise Drive Mechanicsburg, PA 17055 Chase Home Finance LLC 3415 Vision Drive Columbus, OH 43219 5. Name and address of every other person who has any record lien on the property: 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, PA 17013 Domestic Relations Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Occupant 299 Allendale Way Camp Hill, PA 17011 Department of Public Welfare TPL Casualty Unit Estate Recovery Program P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105-8486 a. 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: January 18, 2011 submitted, Karl M. Ledebohm, Esq. Supreme Court ID #: 59012 P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 Attorney for Plaintiff Karl M. Ledebohm, Esquire P.O. Box 173 New Cumberland, PA 17070-0173 (717)138-6929 MEMBERS ?'FEDERAL CREDIT UNION PLAINTIFF JOSEPH C. BENDER DEFENDANT To the Prothonotary: OF THELPROTHONOTARY 2011 JAN 21 PM 3: 04 CUMBERLAND COUNTY PENNSYLVANIA : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA NO.: 09-6527 Civil : CIVIL ACTION -LAW : MORTGAGE FORECLOSURE PRAECIPE Please make the Order of the U.S. Bankruptcy Court for the Middle District of Pennsylvania dated 4/28/10, attached hereto as Exhibit "A", granting Members 1St Federal Credit Union relief from the automatic stay in the bankruptcy proceeding part of the record. submitted, Date: January 18, 2011 ? 0 r_? _gc?2? ?? Karl M. Ledebohm, Esquire Supreme Court ID #59012 P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 Attorney for Plaintiff IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: CHAPTER 13 JOSEPH C. BENDER : CASE NO: 1:09-bk-09544-RNO Debtor MEMBERS 1sT FEDERAL CREDIT UNION Movant : 11 U.S.C. Section .362 V. : Motion for Relief from Automatic Stay JOSEPH C. BENDER Respondent ORDER AND NOW, upon consideration of Member's Lt Federal Credit Union's ("Members 1st") Motion for Relief from the Automatic Stay, IT IS HEREBY ORDERED THAT the Automatic Stay is lifted as to Members l,t and the indebtedness of the Debtor to Members 1,t and all that certain real estate and improvements erected thereon situate in Lower Allen Township, Cumberland County, Pennsylvania, known and numbered as 299.Allendale'Way, Camp Hill, PA 17011 (the "Property"), and Members 1st is free to proceed to exercise any and all rights and remedies available to Members lst with respect to the Property and under the Note and the Mortgage securing Debtor's indebtedness to Members 6, and otherwise at law or in equity, including, without limitation, foreclosure on the Mortgage and Sheriff Sale of the Property and/or acceptance of a Deed-in-lieu of Foreclosure from the Debtor for the Property and any other action for enforcement of its right of possession of, or title to, the Property. 13y the Court, C3 .?c1 U. C0.4 . r Dated: April 28, 2010 Robert N. Orel, II, Bankruptcy ludgc ux,) 711i s c%c-11111c,111 l.s eh,drolllc'lilll' -%/giled (/lid fled oil dic valor' c/aw. Exhibit "A" Case 1:09-bk-09544-RNO D 1/29/1014:59:31 Desc 1% FILED-OFFICE OF THE PROTHONOTARY 2011 JAN 21 PM 3: 04 Karl M. Ledebohm, Esquire P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 CUMBERLAND COUNTY PENNSYLVANIA MEMBERS 1 ST FEDERAL CREDIT UNION PLAINTIFF JOSEPH C. BENDER DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA : NO.: 09-6527 Civil : CIVIL ACTION -LAW : MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE To: Joseph C. Bender 299 Allendale Way Camp Hill, PA 17011 THE UNDERSIGNED ATTORNEY IS A DEBT COLLECTOR. PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, I AM REQUIRED TO INFORM YOU THAT THIS DOCUMENT AND ANY SUBSEQUENT CORRESPONDENCE OR COMMUNICATION IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. HOWEVER, IF YOU ARE CURRENTLY A DEBTOR IN BANKRUPTCY OR HAVE RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT BUT AN EFFORT TO FORECLOSE THE LIEN OF A MORTGAGE ON REAL ESTATE. Your house (real estate) at 299 Allendale Way, Camp Hill, PA 17011, as more particularly sea forth and described on Exhibit "A" attached hereto and made part hereof, is scheduled to be sold at Sheriffs, Sale on June 1, 2011 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 $43,973.66 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)93&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 Sheriffs 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 July 1, 2011 (within thirty (30) days after the Sheriff Sale). This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed by the Sheriff. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717)249-3166 OR (880)990-9108 The Sheriffs phone number is: (717)240-6390. Supreme Court ID #59012 P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 Attorney for Plaintiff ALL THAT CERTAIN piece or parcel of land situate in the Township of Lower Allen, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the easterly side of Allendale Way, which point is eight hundred fifty-four and ninety-seven one hundredths (854.97) feet in a northerly direction from the northeast corner of Allendale Way and Fieldstone Road at the dividing line between Lots Nos. 322 and 323 of the hereinafter mentioned Plan; thence by Allendale Way on an arc curving to the left having a radius of seven hundred thirteen and five one- hundredths (713.05) feet ninety feet to a point at the dividing line between Lots Nos. 323 and 324 on Plan of Section 5; thence by the same South eighty-nine (89) degrees twenty- nine (29) minutes twenty-seven (27) seconds East one hundred forty-eight and fifty-two one hundredths (148.52) feet to a point; thence South eight (8) degrees zero (0) minutes West one hundred eighteen (118) feet to a point at the dividing lines between Lots Nos. 322 and 323 of the Plan; thence by the same North seventy-eight (78) degrees fourteen (14) minutes West one hundred thirty-nine and three one hundredths (139.03) feet to a point on the easterly line of Allendale Way, the place of BEGINNING. BEING all of Lot No. 323, Plan of Section 7 of Allendale, Lower Allen Township, dated 19 September 1962, approved by the Planning Commission of Lower Allen Township, 1 May 1963 and the Board of Commissioners of Lower Allen Township on 10 June 1963 and recorded in the Office of the Recorder of Deeds of Cumberland County in Plan Book 14, Page 24. HAVING thereon erected a one story brick and frame dwelling known and numbered as 299 Allendale Way, Camp Hill, Pennsylvania 17011. BEING the same premises which Gertrude D. Bender by her deed dated November 18, 2005 and recorded in the Cumberland County Recorder of Deeds Office at Deed Book 272, Page 1734 granted and conveyed unto Joseph C. Bender. BEING TAX PARCEL # 13-25-0010-070 EXHIBIT `A' Karl M. Ledebohm, Esquire P.O. Box 173 New Cumberland, PA 17070 (717)938-6929 MEMBERS 1" FEDERAL CREDIT UNION PLAINTIFF JOSEPH C. BENDER DEFENDANT 0-of FICE r11 ZOtI FEB 23 ?? B. 1 C,UtjBZRL PLEA p PEPS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO.: 09-6527 Civil CIVIL ACTION -LAW MORTGAGE FORECLOSURE AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 Members 1St 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 Lower Allen Township, Cumberland County, Pennsylvania, known and numbered as 299 Allendale Way, Camp Hill, PA 17011. 1. Name and address of owner(s) or reputed owner(s): Joseph C. Bender 299 Allendale Way Camp Hill, PA 17011 2. Name and address of defendant(s) in the judgment: Joseph C. Bender 299 Allendale Way Camp Hill, PA 17011 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Members 1St Federal Credit Union Attn.: Lynn Unger 5000 Louise Drive Mechanicsburg, PA 17055 Chase Home Finance LLC 3415 Vision Drive Columbus, OH 43219 Chase Home Finance LLC c/o Sheetal R. Shah-Jani, Esquire Phelan Hallinan & Schmieg, LLP 1617 JFK Blvd., Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 4. Name and address of the last recorded holder of every mortgage of record: Members 1" Federal Credit Union Attn.: Lynn Unger 5000 Louise Drive Mechanicsburg, PA 17055 Chase Home Finance LLC 3415 Vision Drive Columbus, OH 43219 5. Name and address of every other person who has any record lien on the property: 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, PA 17013 Domestic Relations Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Occupant 299 Allendale Way Camp Hill, PA 17011 Department of Public Welfare TPL Casualty Unit Estate Recovery Program P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105-8486 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: February 17, 2011 t Karl M. Ledebohm, Esq. Supreme Court ID #: 59012 P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 Attorney for Plaintiff HLED-OF FJOE ?:;.y. " tlE I'?,aINOPIQTA? ? Z?11 FEB 28 P? 2' 05 Karl M. Ledebohm, Esquire P.O. Box 173 IsU PBN S N.YAN A New Cumberland, PA 17070-0173 (717)938-6929 MEMBERS 1 J' FEDERAL IN THE COURT OF COMMON PLEAS CREDIT UNION CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF NO.: 09-6527 Civil JOSEPH C. BENDER CIVIL ACTION -LAW DEFENDANT MORTGAGE FORECLOSURE AFFIDAVIT OF SERVICE OF NOTICE TO LIEN HOLDERS PURSUANT TO Pa. R.C.P. 3129.2 (c) I, Karl M. Ledebohm, Esquire, hereby swear and affirm that on the 4th and 23rd day of February, 2011, I served the attached NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST pursuant to Pa. R.C.P. 3129.2(c) in the above captioned matter upon the individuals/entities by first class mail, postage prepaid as set forth on the PS Form 3817, copies of which are attached as Exhibit "1" and made part hereof. I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: February 24, 2011 Respec ly submitted, "I? /) n 4n( 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 1" FEDERAL CREDIT UNION PLAINTIFF JOSEPH C. BENDER DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 09-6527 Civil CIVIL ACTION -LAW MORTGAGE FORECLOSURE NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST PURSUANT TO Pa. R.C.P. 3129.2(c) To: (Addressee on PS Forms 3817) TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE South Hanover Street Carlisle, PA 17013 on June 1, 2011 at 10:00 a.m., the following described real estate which Joseph C. Bender is the owner and reputed owner and on which you may hold a lien or have an interest which could be affected by the sale of: 299 Allendale Way Camp Hill, PA 17011 (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The said Writ of Execution has been issued on a judgment in the action of MEMBERS I ST FEDERAL CREDIT UNION PLAINTIFF JOSEPH C. BENDER DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 09-6527 Civil CIVIL ACTION -LAW MORTGAGE FORECLOSURE at Ex. No. 09-6527 Civil in the amount of $43,973.66 plus interest, additional attorney's fees and costs. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed in the Office of the Sheriff no later than thirty (30) days from the sale date. Exceptions to distributions or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten,(10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. If you have any questions or comments with regard to the Sheriff's Sale or this Notice, you should contact your attorney as soon as possible. Date: February 4, 2011 preme Court ID #. 59012 P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 Attorney for Plaintiff Respectfydly submitted, G ?t,r arl A Ledebohm, Esq. u ALL THAT CERTAIN piece or parcel of land situate in the Township of Lower Allen, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the easterly side of Allendale Way, which point is eight hundred fifty-four and ninety-seven one hundredths (854.97) feet in a northerly direction from the northeast corner of Allendale Way and Fieldstone Road at the dividing line between Lots Nos. 322 and 323 of the hereinafter mentioned Plan; thence by Allendale Way on an arc curving to the left having a radius of seven hundred thirteen and five one- hundredths (713.05) feet ninety feet to a point at the dividing line between Lots Nos. 323 and 324 on Plan of Section 5; thence by the same South eighty-nine (89) degrees twenty- nine (29) minutes twenty-seven (27) seconds East one hundred forty-eight and fifty-two one hundredths (148.52) feet to a point; thence South eight (8) degrees zero (0) minutes West one hundred eighteen (118) feet to a point at the dividing lines between Lots Nos. 322 and 323 of the Plan; thence by the same North seventy-eight (78) degrees fourteen (14) minutes West one hundred thirty-nine and three one hundredths (139.03) feet to a point on the easterly line of Allendale Way, the place of BEGINNING. BEING all of Lot No. 323, Plan of Section 7 of Allendale, Lower Allen Township, dated 19 September 1962, approved by the Planning Commission of Lower Allen Township, 1 May 1963 and the Board of Commissioners of Lower Allen Township on 10 June 1963 and recorded in the Office of the Recorder of Deeds of Cumberland County in Plan Book 14, Page 24. HAVING thereon erected a one story brick and frame dwelling known and numbered as 299 Allendale Way, Camp Hill, Pennsylvania 17011. BEING the same premises which Gertrude D. Bender by her deed dated November 18, 2005 and recorded in the Cumberland County Recorder of Deeds Office at Deed Book 272, Page 1734 granted and conveyed unto Joseph C. Bender. BEING TAX PARCEL # 13-25-0010-070 EXHIBIT `A' U S POSTAL SERVICE MAY BE USED FJR DOMESTIC AND INTERNATIONAL MAIL. DOES NOT PROVIDE FOR INSURANCE--POSTMASTER CD Received From K . -- Karl M. Ledebohm, Esq. -- _- P.O. Box 173 New Cumberland, PA 17070-017 m -- 6 m E C la m M One piece a or0iwry en addressee to ol ?7 , 1010 0°--JW:V Cumberland County Tax Claim =A°m?? ornQ0 Bureau o One Courthouse Square n m Carlisle, PA 17013 u.5 POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOME ST I aN0 dJTERNATIONAL MAIL. DOES NOTE,'%.,., C PROVIDE FOR INSURANCE.. Pr.yTMASTER h r o Received From - Karl M. Ledebohm, Esq. ; ` - - P.O. Box 173 New Cumberland. PA 17070-0173 z m o T E v 3<A C?fn Chase Home Finance LLC ---- o'" ZA.1?00 cz? 3415 Vision Drive -- `° -' Columbus, OH 43219 _ 'M M PS Form 5239 l Januan- 2001 ova IAL atKVICE CERTIFICATE OF MAILING - bt: USED FOR DOMESTIC AND INTERNATIONAL MAIL. DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Rece+ved From i` Karl M. Ledebolun, Esq. : CD P.O. Box 173 New Cumberland, PA 1 7070-0 1 73 t - One -?'---?- piece of oromary mail addressed W '• - _ Domestic Relations o DW { Cumberland County Courthouse 001-- ooh ?? 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