HomeMy WebLinkAbout10-0262?J
FlLED4)i ELF
!_'F THE PR r "'` \OTARY
2010 JAN -8 Fig 1: 19
r?
Karl M. Ledebohm, Esquire
P.O. Box 173
New Cumberland, PA 17070-0173
(717)938-6929
MEMBERS 1 ST FEDERAL
CREDIT UNION
PLAINTIFF
Vs.
DEBRA K. MARSH a/k/a
DEBRA MARSH
DEFENDANT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 10 - a(oa 0'ivil-7errit
: 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 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.hotice 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
$ ga.Oc> PD ATM
c0f 3S ?_19
e-136 003
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU
CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(717)249-3166 OR (800)990-9108
NOTICIA
Le han demandado a usted en la corte. Si usted guiere defenderse de estas
demandas expuestas en las paginas siguientes, usted tiene viente (20) dial de plazo al
partir de la fecha de la demanda y la notification. Usted debe presentar una apariencia
escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o
sus objectiones a las demandas en contra suya.
Se ha avisado que si usted no se defiende, la corte tomara medidas y puede entrar
una orden contra usted sin previo aviso o notification y por cualquier queja o alivio que
es pedido en la peticion de demanda. USTED PUEDE PERDER DINERO O OTROS
DERECHOS IMPORTANTES PARA LISTED.
LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI
USTED NO TIENE O CONOCES UN ABOGADO, VAYA EN PERSONA O
LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE
ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SU PUEDE
CONSEGUIR ASISTENCIA LEGAL.
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(717)249-3166 OR (800)990-9108
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
Vs. NO.:
DEBRA K. MARSH a/k/a
DEBRA MARSH
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
6. The Note and the Mortgage have never been assigned by Members 0 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 $717.38 each, which amount was subsequently adjusted to $716.52 each,
beginning on October 21, 2007 and continuing on or before the 21St 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 $716.52 each for the months of August
through December, 2009, as set forth in the Note and as more particularly set
forth and described, 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. sue., 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. seM c by letter dated
October 22, 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 the electronic tracking confirmation evidencing the mailing of said
Notice(s) is attached hereto as Exhibit "E" and made part hereof.
3
11.
12.
13
Simultaneously, Members 1 St 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
Notice(s) forwarded to Defendant in said manner have not been returned to
the offices of Members 0 as undeliverable or otherwise.
As of January 6, 2010, Defendant is indebted to Members 1 st in the amount of
NINETY THOUSAND ONE HUNDRED EIGHTY-FOUR and 29/100
($90,184.29) dollars itemized as follows:
a. Outstanding principal $85,934.96
b. Interest to January 6, 2010 1,677.67
c. Late fees 71.66
d. Attorney fees 2,500.00
e. Total due to Members 1St as of 1/6/2010 $90,184.29
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(s)
will be responsible for actual reasonable legal fees incurred by Members 1 st in
this matter subject to any limitation contained in the Note, if any.
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
14.
15.
Date:
amounts set forth in paragraph 12 above, costs incurred by Members 1St as a
result of the institution of these legal proceedings.
The obligation owed to Members 1St continues to accrue interest at the rate of
$17.3989 per day, through the date of payment and continues to accrue late
charges and attorney's fees.
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 Debra K. Marsh a/k/a Debra Marsh in the amount of
NINETY THOUSAND ONE HUNDRED EIGHTY-FOUR and 29/100
($90,184.29) DOLLARS plus interest at the rate of $17.3989 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.
l1bwiv
Respectfully submitted,
4(arl M. Ledebohm, Esq.
Supreme Court ID # : 59012
P.O. Box 173
New Cumberland, PA 17070-0173
(717)938-6929
Attorney for Plaintiff
5000 Loulse Drive, P.O. Box 40
Mechanicsburg, PA 17055
115`
MEMBERS P
IW.4ala[Y[Y
FR-60PA. r'AOUNT
'R'S NAME AND
K MARSH
ANNUALPERCENTAGE 11
FINANCE CHARGE: 1 L, . 1••w LJ w..r.LWCC
Amount Financed; Theamoun U
Total of Payments: Theolnounl
RATE: The cost of your credit as a
' The d(71r amount the credit will credit provided to you Or On your YOU will have paid after you have
yearly rate. cost you. behalf, made all payments as scheduled.
7.79 %• S 82.170.67 n E 90,000.00 n S 172.170.67
0
Vwlsbla Rate; II your Win has a rehabs' "1 11 indicated above tun Annual Percentage Rate may Increase during list 101re of mis vansac(bn if the(Iroex-ft) ) mangos The
.
00da ullon wit add a magic of to the index value. The lotu will change Mr%Ny on the fits, da
Of m¢ month
Th
r
r
i4
0
- 'he
.
e
a
e w
never be higher than the r
INC.
yRO
by of I mOmns end me Ann
amount.
For
if your ban wa
f
l p
5
e
s
t
2%a
k
o
u
E
or
ua
s
5.000 or 15% b[ fit
olormage Rat
iniluasM
ll
6y
one y
r
p
, the IC m dyyWr ban would IIGIU S
IN
O
llnmh5
'Prele,red Ralo: If (hacked, the 1¢aowing apPairs to year bOn:
AtxomoUc PoyReN Dlacoumnd ale: BO'allsrl yW have agreed to rake yyoouu required moNNyy Wpa mnnts INmgn an aldomatk: eaduabn Iron
'taunt
you ANNUAL PERCENTAGE RAT
Cn
'
y
.
leer
acw
virlgs
E nos been di%countedby ?20%. The ANNl1AL PERCENTAG
Ina AUmlalk Payrne
RATE dfscbsadabove In No ANNUAL PERCENTAGE RATE box i
N OLACO,sNBd RaIB t
Thistie w
ir
bh
.
.
s
riease
yy .2011 4 au'24,11 the aulome poyrN7N ansngem¢n or fail to molNDln sWI1e1¢r¢ lords in your accl._
of uhf auemedis payments. h is he .G6CNil effeU al Ih01nEl"so wW be to extend the farm Myyopu ,Den. For example , if
s and y Are omaU' paymere OlXplnled Rale a 11o0%
an a 15.000.00 ban I. co month you mace the oWOmelk payment enarlgemoN, your rile walkcraax 10 10
20%
IBaUkilg in additi
V
i
bl
l l
NIN Di
.
,
ar
p
a
e
ona
IMial yef to
Ra L your b a riabb rate ban and you Ruakfy Ian a Preferred late, you Prafelfod discount Is token at the limn you lake o[n yar ban. Thus
ancvl ANNUAL Prc(arrod PE oans. N RCENTAGE R I ATE will vat hen von aoGgtllq to c^anges in the Index as disclosed allow For axamDla. If a variable rata ben', brliol ANNUAL
PERCENTAGE RATE Is 12% al tM ttmy you uke the ban
jour KIM
f
d
C
,
Pra
arro
ANNUAL PER
ENTAGE RATE wI. be N/A%. Your initial Preferred ANNUAL PERCENTAGE
Ulobk RA O* provision
F?I
i
n
%
lf t
I
ae .r
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xrdl Rste fioler
etl lmn
S
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ur
loen ,s
od m
banwd
anfae, your ANNUAL PERCENTAGE RATE WIN be tad
PERCENTAGE RATE dsdosed abovn fd
preferred ANNUAL
b
yd
mw
e
as
as ur pmlenll
s
ws r
mains affect.
Number of Paymenl, Annum of Payments Payment Frequency When Payments Are Due f>rOp my Insurance: You may Obtain proper{
239 insurance ham an one you whim that is
y o
1
y
acce to
P
n
0 to
scbWla $717.38 Monthly. Beginning 1012112007 the cr¢dil union. If
Du gel the insurance from the
'rant union you wi?l pay
wit, M. 1 $716.81 Final Due • On 09/212027 S N/A
-Wily: Cdbtme, securing olh¢n bans with the aeda union the go 0d5 or pryany abet
w41 atw soclre mis loan. You are gNirg a socunly Interest in being plnchased. a (Describe)!
your shares andlor deposit In the uedl union, ands X
Late CMrgo: If a m monl is late by 1 D dayy3S or more you will
be chligod a late toe of 5%
f Required Deposit Balance: The Annual Percentage Rate does Fill r
Fee
o
yew sclN.'dubd peymery, g
s: NorvFlling Insurance,:
not lake he account your required deposit balance. it any. S N/
S NIA
yy0pyy
•f mMr1S e.IYI1kIa, 0 any. 1- IIG 1101. la pay 4 naaa y. a yw CMrai [•ONai w illy I a Kit P vai "r0¢w rapeyreml n
Yon uMdaee ens sad orepryL rdNMaane paaeW. nn
ITEMIZATION OF I
nw--i rnimisti,CU f 90,000.00 Amount Paid looulers on your behalf (Describe)
AMOUNT GIVEN TO YOU DIRECTLY S 9,651.57 Som To Lit- S T..s7.fT
:;Z, TO IUNIPER
IR
AMOUNT PAID ON YOUR ACCOUNTS
62
140
12 ftl-00
]
TTO
u To MaY,afala LOS f4a To eANY
AMEBIC
,
. .
.
f To DISCOVER 56.6x..94 BANK OF AMEBIC
T
PREPAID FINANCE CHARGE S 51.017.11 To CNASE $0.00 o
F."
TO
0.1 5 TO '' dSO'e^'0n• 5 TO Aero SrlYAlals
OTHER (Describe): 205 PINE SCHOOL RD GARDNERS PA 17724
..•...,..,..?Inrrr[sul I S ? ? f I ,.,...,?.., •.,,?.ar_n
. -_ -:-- •••••• ••••• •?•••, - _Aw[ens m IM wscasure sualemenl and the ban and Security egrealnerIts le 1, on Page 2 of this 10'1 111101 shall aPPly b IN, Ilan. II thme is mole
Ihen one OmaADl we agrce that 119 the Conditions of ale ban and ,canal aryeemons goverarlg,his ban shell app%to btMR Jotn,ly and sllwraly. YOU acknowledge that you Iwva
mcnl-1. a copy d the ban One s¢clrey agrOefeeres and dlscloswe slatomaK. Co-s' net: h au ono as m•s er.
co[xalN;don pogo 2. 5 Y 3"ng Ign YOU 11eknOVdedge receip of the nolk¢ to Co-signal
B R R• SIGNATU DATE CO-MAKER 'OTHER OWNER O " CO-SIGNER DATE a _N X fSEAL 0 (SEAL)
Q KER 'OTHER OWNER ?''CO-SIGNER DA ? CO•MAKER 'OTHER OWNER 0 "CO.5I6NER DATE
X (SEAL)
X ISEnU
? C04AAKER Q 'OTHER OWNER ?••CO•SIGNER DAIS ? CO-MAKER []-OTHER OWNER (] "COSIGNER DATE
X (SEAL)
X (SEAL)
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Nalerrl.Kdc4im cal.,dwiry nly,vlaw0y lalnn iMmmnlialawnlY Una dl' palnona twryw)) aha" s- h,q m=ftppMIon lm mM Sand!
whkn is • ahma sad Mal)e'IS 11th Iwsm to cradnAl and clWl (analhaa. M nor ON PutMfs mblWnt WamAlkel earltern?yrgalalw reel Innla41111ae,o canvwa • Iraudul- Inst.... r6
4 Wacn news net been complined, UK, dehla has nol signed And &IVd IN nipl
-4 un willrNN be YwoIn Cwuw it
II cal on am k Iev apprax n h. nM b°aI wan ynmd ^Ia sPPllcnr,
sn nlyll:ululn
CREDIT INSURANCE APPLIED FOR: NOTE: ONLY ONE APPLICANT MAY APPLY FOR 015ABILITY COVERAGE.
? Yes a No Single Credit Life TDtBI Premium ? Yes XO No Credit Disabilly Total Premium
Yes EX No Joint Credit Llfe
In(Ik¢le vmkn Appllcal(,): Applicant 11 Oo.APPGCa^q $0.00 Indicmd Which applkere(s): Applicant O Co Applicant $ 0.00
You aetw p SIT hill all ry"s d ewer C I& wadeh • Chace ° v mni In Intl awYKedaa
MAPPLI , IGNATU DATE OF BIRTH / ATE CO• PPLICANTS SIGNATURE
D /%/ DATE OF BIRTH DATE
WITNESS , DATE err ns voeucelr•,.
mnF9e•.]aa.37 A -
MHC-21 .62W.e7 LASER WORD F. 13769 Raw. Ipl w e
-. - Campvdea. ,M. N,,yhh rsServ W.
Exhibit "A"
eORNOWER's NAME LOAN NUMBER. ACCOUNT NUMBER DATE OF tOA
DEBRA K MARSH 221102 12061207 10/04"XN
IN THESE AGREEEMENTS THE WORDS -CREDIT UNION' MEANS MEMBERS 1ST FEDERAL CREDIT UNION. THE WORDS 'YOU.- -YOUR' AND 'YOURS' MEAN THOSIC
NAMED AS BORROWER(S
LOANAGREEMENT
For value received, you promise to pa , At
oums due. AN payments shah be made
Invent on page 1 01 this document. You
SECURITY AGREEMENT
To senora payment of this yen and all expenditures incurred byy the credli
union n C c Ion with lh s M rBaliii On a Se[Ierlyl el?sl, you
ga to Mere it? t secuLr t xyx rollh gprr rlpy dra?7fcpr?
sec rbod on he j.
u e runine aril a tmio'rr5 C rk Use I t1e? (Y?W 01.1T Ir
ured p ponope(rtney. socwod prt0S%Oparly erW el) Wrrhngs rccclwxl Iron the
secured
C-115-collatoralization: PI It uwan ea ;;ocwwllii for this ban or for any
or
bon Borrower ha3 vyp1 t Credit yr.?ton ?secum, ell amouunts
BOrleltrina Z owes me.roar taint now enp Ire the (ywr¢I Holvovor. n"' [y
a7 another drbt w1ll rot SpCUress ma Uxs ben{topIf wch -gv 13
r" prlnc
r ioal resldrnce (unlee r ranXo ucesare
and ? v to is r logel roqukomrnts are seusffnal. or arc hon•pwchase
2. 1 wiC1 1e =r;i c Ig?on++s a a censer ule collateral unless you nave
3. You wwananl hurt Pruorhiaw Dead tin to 1M?cceoaataraL equ W as xaaN?,kxuasts
maker o l l c feral nor o ilaas skjn? 1Mnealar y xnuw? it he indicsied
p4eo. a
4. You oral ov ail taxes,eeasrsoacssmans. and i ens a first aoootlr mbc W the Mopeny
wN_a_Cl? sshooo I eDT to u:!E sofa r slmhtovYId In a
. 4.w a era V,W_ante,ethepasny Z al In cMr1
g i O wof derentl Bait p ape ty
o
5. YOU VA maintain Instxaflc ID corerThI B?oqyy whide or a %8jT M tvhkh the
most union Mae Sarum 9nielI s S lnswptca ww n form rid an
Rneun saustauto to I Ontdt union. Vet vps 5{1 vy Ina GC'W nnh proo
of soul YlwrBtKe'rot f
all Mims 19 Godit yrrr antl sccvad nis
propCny b. If you fW a
8re r¢pa wen mswanceGeAN u n mov tort
Is not repuilad to, odohn Inswanco our arm aM aW trio COyr of wch tolls
wms a?d? 'el is sad rNl peaf Iltele5l al Ufa calNratl 1 Ural paid. Via fun Ma
assign w theDandj n Imionsthrrye? M abr rttcivyo? tflesepfaceeds of afraM?/pa?lsuarlcelon
UrxOnleir111a1 -Iti crdfFl Unlan le pgsNln?sa arpryrac'M?Sksa druKpr??itlctl as
?aCe05 am such ImAuriine. aM apPY InoSeYpa/u6eacas to Ilse sthns owed to
wrlhI p er wO"'a n"esslwRryinIOnnnalgn for wllkMbn a aoaquMB conmcrera?, En Cmnar
tYOU sCCklq Inaa11 InSWantcae?? 4 anyyonerlsblt ehmno
GBdL plewd ybvv UIB aud'x
troN p h union. wnnhpa cnclN t0 yea MtlivdtreMy bu S prNnarlfy IU lho ?ur0cuon of the
.
a. S5hteouulIdd ue I n- uripn Iron at . telq 1 ft SatUfxr orosaESe? has
;Kl
m
diminicled value, lot 4n spa a Thar adWlbNr
eappee 1hpp Baskin to GM to I unfelt within tan (7q ddaa.r,a wheloyYarw . s r saa
5, ui
Ile uetlt u n eels is rlttessary to prdea Aft Imlorr against possible
4
7. If a def as IleFxlad In t Leon Agcemoni Should Acplr the 1 union has
?, t da?awa• ,w,Mr !S!ioss ertg sea ut. 644evpl in bwlW
y »o amrmrtt cry .r area a 15 oue, you Wxl pay
oddil10 al inlerCS a Ifte overdue is no . Allocation of Payments and Additional Payments: Payments and
credits shelf be applied in the followug order: any amounts past due: any
lees or charges Owing, Including any insurance premkBns: icrued interest
w finance charg9es: ottslanding principal. Payments made in addition to
regularly scheduled payments shall bo applied in the same order.
Preferred Rate: If you qualoi r for a preferred rate as disclosed on po11e 1 M
This document or in a seDpaarre g prefgrred rate addendum. yo Undoing and
Ihat ou Must meet the fDndi`errs disclosed to you in order io Wyy 1p the
preferred rote Bred mUSI con, k1us 10 meal those r kanS in et r f0 keep
your preferr ed rate. if y fail to meet those coodil ons. your role will
inak er
inctq e, thereb extending the terms of your loan. You promise to continue
Illakirrg paymeals and to meet o111YJ1i9ali0ns under this Agreamenl even H
you lonrjer receive the preferred tale.
Late Cha es: If u make a late PIS men, You agree to pay a late charge
done is dlsclosetl on page 1 of this tlocurnent.
Property insurance: It you obtain a ben secured by q motor vehicb or
ocher I O 1Y. must obtain insurance which protects the credit
union t nc I kiss. The amount and covera4e of the property
instxonce must be acceptable lathe creflfl union. Such a peliey must
provide al least fire. Ihefl, combined additional coverages and collision
xlswonce, If must w"I a Loss Paysblq clause ontlarsLrmm name g ilia
credit ur®orh as Ifen holder. You may ekxem this insurance from any agent of
your?chdce and dfrecl ilia agent IO send the credit urmn a copy of the
Debtor Responsibilit : Yo promise to ndh edi union of any chonRe_in
yrNa sane. address a?8 m. You pose not to apply foY a loo t
yml know there Ise repsopprobabilityy Uwe yqu will be unable to repay
yyour ubligalbrl actor to the taints of Ilse Ixedtt extension. You promise
to inform credit 1Yxon Of n new Information which relate2 Loyola ability to
rep. a ohlkplYou ?romise not to submit ale or inaccurate
cre cre . tt aeon standi Or n wNlluliy ere it t CIS 81 information regarding your creditworthiness,
el t g, a capaCRY.
and
may
Statutory Lien: If you are in default, federal law uive9 the credit union the
right to aptly the balonco of shares andIor dividei5ds lit w attounr(s at
nie lime of delete to satisfy thf} ban. Once you are in ( Bull, the ere 11
union may exercise this rigln Without further notice to you.
Delay in Enforcement' Credit Union may delay enforcing any of the credit
union rights under this agreement wehoul losing them.
Irregular Payments: The credit union may accept Imo parnts or partial
ayymeats, even thOOr1llpdh marked'ppaaymant in gulf, without losing any of the
crdtg1 union rights linear lids agreorfienl.
Co•mokers: If you are s?Aling this agreement as o co•maker, you agree to
be aqua! resupoorisible VA hate borrower, bud the credit anion R1By site
mlhter or h br u. The credit taaon does not have to ndify VIXI that this
agreement has z been paid. The credit union may extend Iha terms of
pa mere ghd release any security without notifying or releasing you from
I esponsibday on this agreement.
Conunctuel Pdntlg) or Shores: You pledge i4l your shares and Ue k1sits in the
credit union, Including future additions. as 50Curky rot this ban. c55d you
default. the crodit union may apply these snares and dop0sits to un poyrrortt
of all sums duo at the lima of default. Including Costs o(cdhction and
reasonable altarney's fees, thAl tho credit un,On may ineur up to 206 of If,. intera tl11po5dIL7 Principal a + apply to anyy or youe2112res Whit teen may be h .dtl in asltarro, and
Indio ouel
RelirernEVa Account' w "Reogh Plan.'
8. The Credit union is here ypppk are as yyoouur Aeanlqoyyh-Facwin
antr'
ads rrhl{h the era Inn feels are necesSo b pre , Ina rnd 1118
sect ty sNarest with INS agreement create
9, If them Is Moro Ihon one hormwLV, oD4oalprts uWar this a eamnm arc
C7 and laVCIDI. each bliilg Call lespOlllide Ip fUlfia 111e ter s W this
oamonl4
10 TItjS saWdyy a eelndnt no( only Lends you, but your executors, adminlsuawrx,
aces, aria aYSigrtS.
6100 Was
before v ... v yV 'v'.cn
You rim being asked to uarantoe this drrbt. TRink 1 1 El 511`1
y. you do. If the borrower doesn't pay me deli, yov wkl have to. De sure you can allord to
Pay If you have to, and t at yyou want to accept Ihis responslbllky.
ani Tn have to pay up 1011le full amount or the debt If The borrower does not pay. You may also have to
amount.
pay late fees or collection costs, which increase (his
The creditor can collect this debt from you without fksl Iryin torlpcolllect [TOM the borrower. The creditor can use the same collection methods against you Ihm
fro record. This riot a Islnpbhe wmradifsl rtlakes ?o?haable for the ebwages, etc. If Ihis debt is ever in default, that fact may become a part oryax credit
F. 4]769 1102
APPRO 5yu ML -, 224 Will
Page 2 of 2
ALL THAT CERTAIN tract of land situate, lying and being in South Middleton Township,
Cumberland County, Pennsylvania, bounded and described as follows, to wit:
BEGINNING at a stone on the land and thence running by land now or formerly of Kenneth
the andt,
inBr
said North 26 1/2 degrees East 95.4 perches to a point In the State Highway; thence running
Highway and by land now or formerly of Wilbert Wolfe, 80 1/2 degrees East 28 perches
to a point in the said Highway; thence running in the center of said Highway and by land now or
formerly of Wilber Wolf, 47 degrees East 14.4 perches to a point In the said Highway; thence
running in the said Highway and by land now or formerly of Wilbert Wolf, 86 1/2 degrees East 36
perches to a point in the said Highway; thence marked by an iron pin at edge of Highway and
running by land now or formerly of Harry Kuhn, South 23 degrees West 16.4 perches to an iron pin;
thence running by land now or formerly of Harry Kuhn, South 89 degrees East 27 perches to an iron
pin; thence crossing the said Highway and running by land now or formerly of Calvin Cook, South
281 /4 degrees West 93.1 perches to an iron pin; thence to a point In the said Highway, North 61
1 /2 degrees West 2 perches to a point. In the said Highway and by land now or formerly of Robert
S. Kramer, South 35 degrees West 30.4 perches to a point in the said Highway; thence running in
said Highway and by land now or formerly -of Frank Coulson, South 34 1/2 degrees West 16.3
porches to a point In the said Highway; thence running by land now or formerly of Lester Myers,
N
Lester orth 501/2 degrees West 28.4 perches to an Iron pin; thence running by land now or formerly of
ire, South 22 degrees West 29.8 perches to an Iron pin; thence running by land now or
of Russel Grove, North 621/2 degrees West 19.8 perches to a stone; thence running by
land now or fommiy of Russell Grove, North 16 1/2 degrees West 36.3 perches to a stone, the
Place of BEGINNING. CONTAINING 60 acres 42 perches and 186 square feet.
BEING part of the same property which W.K. Peffer and Annie E. Peffer, husband and wife,
by their Deed dated May 19, 1953, and recorded in the Office of the Recorder of Deeds In and for
Cumberland County, in Deed Book °H', Volume 15, Page 264, granted and conveyed unto John
W. Marsh, single man. The said John W. Marsh died on June 20, 1995, thereby vesting title in
Debra K. Marsh.
Being the same premises which Debra K. Marsh, Executrix of the Last Will and Testament of John W.
Marsh, by her deed dated September 1, 1995 and recorded in the Cumberland County Recorder of
Deeds office at Deed Book 127, Page 847 granted and conveyed onto Debra K. Marsh.
Being known as 265 Pine School Road, Gardners, PA 17324.
Being Parcel No.: 40-15-0199-011
Exhibit "B"
ROBERT P. ZIEGLER
RECORDER OF DEEDS
CUMBERLAND COUNTY
1 COURTHOUSE SQUARE
CARLISLE, PA 17013
717-240-6370
Instrument Number - 200941116
Recorded On 12/9/2009 At 11:23:28 AM
* Instrument Type - MORTGAGE
Invoice Number - 57485 User ID - AF
* Mortgagor - MARSH, DEBRA K
* Mortgagee - MEMBERS 1ST FEDERAL CR UN
* Customer - FIRST AMERICAN
* FEES
STATE WRIT TAX $0.50
STATE JCS/ACCESS TO $23.50
JUSTICE
RECORDING FEES - $13.50
RECORDER OF DEEDS
PARCEL CERTIFICATION $10.00
FEES
AFFORDABLE HOUSING $11.50
COUNTY ARCHIVES FEE $2.00
ROD ARCHIVES FEE $3.00
TOTAL PAID $64.00
* 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
pe'cull
oq
RECORDER O /DEDS
7
rrso
* - Information denoted by an asterisk may change during
the verification process and may not be reflected on this page.
001NTI
Exhibit "C"
Prepared By: Members I st.FCU
5000 Louise Drive
Mechanicsburg, PA 17055
When recorded mail to:
FIRST AMERICAN TITLE INSURANCE
L NDERSADVANTAGE
1100 SUPERIOR AVENUE, SUITE 200
CLEVELAND, OHIO 44114
ATTN.• FT/120
DEBRA K MARSH
MORTGAGE
Made 10/04/2007
001 NTI
i3o l10 a3L{
Between
(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
$ 90,000.00 lawful money of the United States of America, and has provided therein
for payment of any additional moneys loaned or advanced thereunder by. Mortgagee, together with
interest thereon at the rate provided in the Note, in the manner and at the times therein set forth, and
containing certain other terns 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 tens of the Note, does grant and convey unto Mortgagee,
All that"certain property of the Mortgagor located in SOUTH MI DDLETON
TOWNSHIP Cumberland County, Pennsylvania
SEE EXHIBIT "A"
which currently has the address of 265 PINE SCHOOL RD
[Street)
GARDNERS
--?. Pennsylvania 17324
[City] [Zip Code]
rat No fi z ..?:.,1t'?z gpPID 22110207
Page 1 of 4
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.
disc(2) From
when and as the same shall become due and payuablc aaid, Mortagor sha: a) ll faxes, asssessment%{sewer anand
d 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, ()) pa all ground rents reserved from the mortgaged premises and pay and discharge all
mechanics' liens whici? 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
char es; provided, however, thafMortgagee 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 APPII) 221 lQ207._ P890 2 or 4
(4) In the event Mortgagor neglects or refuses to day 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 Mort age pursuant to the terms of the Note or this
Mortgage, together with unpaid interest thereon, s9aP at the option of Mortgagee and without notice
become immediately due and payable, and foreclosure proceedings may he 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 attorneys 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 ayment 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.
Aco No APrtn 22110207
Page 3 of 4
Witness the clue execution hereof the day and year first above wriJ1,
-
DEBRA K MARSH
Commonwealth of Pennsylvania
County of glpl AID
ss:
4t4l day of OC10BM 2007 , before me,
!;ilk 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 offit-4511.
ip L I
My commission expires:
y
C ',ti'1 ? i1:`FAt.I}} i)r PE'NS'': 4+ I.
c
t v L ire r& tJc: J sbhC
+?f,?r f o:,'r , -r Certificate of Residence of Mortgagee
Members lst federal Credit Union, Mortgagee within named, hereby certifies that its residence
is 5000 Louise Drive, Mechanicsburg, PA 17055.
By-
Acct No Apptt) 22110207 Pnge 4 of 4
EXHIBIT A
All that certain property situated in the Township of South
Middleton, in the County of Cumberland, Commonwealth of
Pennsylvania , and being described as follows:
40-15-0199-Q11. Being more fully described in a deed dated
September 1, 1995 and recorded September 5, 1995, among the
land records of the County and State set forth above, in Deed
Volume 127 and Page 847.
Permanent Parcel Number: 40-15-0199-011
DEBRA K. MARSH
265 PINE SCHOOL ROAD, GARDNERS PA 17324
Loan Reference Number 221102
First American Order No: 13016234
identifier: FIRST AMERICAN LENDERS ADVANTAGE
(Rev. 9/2008)
Date: October 22, 2009
ACT 91 NOTICE
TAKE ACTION TO SAVE
YOUR HOME FROM
FORECLOSURE
This is an official notice that the mortgage on your home is in default and the lender intend to
foreclose. Specific information about the nature of the default i provided in the attached Rages.
The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HFMAp)
may _ be a We to e n o save your home This Notice explains how the grogram works.
To see if HEMAP can helu vo must MEET WITH A CONSUMER
CREDIT COUNSELING
AGENCY WITHIN 33 DAY OF THE DATE OF THIS NOTI E Take this Notice with you
when you meet wit the Counseling Agency.
The name, address and uhone number of Consumer Credit Counseling Agencies serving ou_r
pun are listed at the end of this Notice If you have any questions, u may call he
Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired
hearing can cal (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] of 5 Exhibit "D"
HOMEOWNER'S NAME(S): DEBRA K MARSH
PROPERTY ADDRESS: 265 PINE SCHOOL RD
GARDNERS, PA 17324
LOAN ACCT. NO.: 120612 - 07
ORIGINAL LENDER: Members I" Federal Credit Union
CURRENT LENDER/SERVICER: Members I" Federal Credit Union
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU M AY B ELIGIBLE OR FINANCIAL ASSISTANCE
WHICH C AN SAVE YOUR HOME FROM FORECLOSURE AND
HELP YOU MAKE FUT F MORTGAGE PAYM NT.
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 M ST O I1R WITHIN THIRTY-THREE (33) DAYS OF THE DATE OF TMIS
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.
CONSi M .R CREDIT .O 1NS INA . NCM5 -- 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 D .FA .T --The MORTGAGE debt held by the above lender on your property located at:
265 PINE SCHOOL RD
GARDNERS, PA 17324
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: $489.62 for 08-21-09, $716.52 for 09-21-09 and $716.52 for 10-21-09.
Other charges (explain/itemize):
I'L)TAL AMOUNT PAST DUE: $1,922.66
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 $ 1,922.66
PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30)
DAY PERIOD. Payments must be made either by cash cashier's check certified check or money order made payable and
sent to:
Members 1" Federal Credit Union ATTN: Dave Thomas
5000 Louise Drive
Mechanicsburg, PA 17055
You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do
not use if not applicable.)
Page 3 of 5
.IF YOU DO NOT JRF THE DFF-A m--If you do not cure the default within THIRTY (30) DAYS of the date of
this Notice, Mender intends to exercise i c rights to accelerate the mort g3ge 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 anon your mortgaged„lro„ em.
IF THE MORTCA tF I FOR C-I OSFD PUN -- 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 r auiir_ed to gay a torn y'c fees.
OTHER LENDER FM DI S -- The lender may also sue you personally for the unpaid principal balance and all other
sums due under the mortgage. '
BIGHT TO Ci1RF. Ti-iF. DEFAULT nDiOn TO n¦..,.,..,.,... ., . _ _
THIRTY (30) DAY period and foreclosure proceedings have begun, you I till have the right e otcure e the default and
revent the sale at an time u to one hour before the Sheriffs Sale. You ma do sob a in the total amount then past
due plus an late or other charges then due reasonable attorney's fees and costs connected with the foreclosure sale and
an other costs connected with the Sheriffs Sale as specified in writing b the lender and b performing an 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.
EARL.IF. T POSSIBLE SH RIFF'S SAT-,F-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.
_EFFECT OF SHF,RIFF S SAT A. -- 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.
CONSUMER CREDIT COUNSEi iNG AGENCIES RVIN YOUR-COUNTY
Certified Mail # 9171082133393697500087
Page 5 of 5
Servicemembers Civil U.S. Department of Housing MB Approval No. 2502-0565
Relief Act and Urban Development (exp 4/30/2007)
Notice Disclosure Office of Housing
Legal Rights and Protections Under the RA
Servicemembers on "active duty" or "active service," or a dependent of such a
servicemember may be entitled to certain legal protections and debt relief pursuant to the
Servicemembers Civil Relief Act (50 USC App. §§ 501-596) (SCRA).
Who May Be Fn itl .d to Legal Protections Under he SC RA?
• 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.
'hat Legal Protections Are Servicemember Entitled To Under the SC'RA?
The SCRA states that a debt incurred by a servicemember, or servicemember and spouse
jointly, prior to entering military service shall not bear interest at a rate above 6 percent
during the period of military service.
The SCRA states that in a legal action to enforce a debt against real estate that is filed
during, or within 90 days after the servicemember's military service, a court may stop the
proceedings for a period of time, or adjust the debt. In addition, the sale, foreclosure, or
seizure of real estate shall not be valid if it occurs during, or within 90 days after the
servicemember's military service unless the creditor has obtained a court order approving the
sale, foreclosure, or seizure of the real estate.
The SCRA contains many other protections besides those applicable to home loans.
How Does -A SerAcem mb r or Dependent Reguest Relief nd r th SC'RAI,
• In order to request relief under the SCRA, a servicemember or spouse, or both, must
provide a written request to the lender, together with a copy of servicemember's military
orders. The Lender providing this Notice is Members 1" Federal Credit Union, ATTN:
Arlanda Dintaman, 5000 Louise Drive, Mechanicsburg, Pennsylvania, 17055. The
phone number is toll free (800) 283-2328.
How Doe -aa Servicememb r or Denendent Obtain Information About the SC A?
The U. S. Department of Defense's information resource is "Military OneSource".
Website: http://www.mi.litaKyonesource.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
htt]2:Hiegalassistance Iaw.af.mi]/content/]ocator php
form HUD-92070
(2/2007)
HEMAP Consumer Credit Counseling Agencies
ADAMS County
Report last updated: 12/23/2008 1:53:12 PM
.+uarns -.uunry rncerrartn mousing Autnonty
40 E High Street
Gettysburg, PA 17325
717.334.1518
American Red Cross - Hanover Chapter
529 Carlisle Street
Hanover, PA 17331
717.637.3768
CCCS of Western PA
2000 Linglestown Road
Harrisburg, PA 17102
888.511.2227
888.511.2227
Maranatha
43 Philadelphia Avenue
Waynesboro, PA 17268
717.762.3285
Opportunity Inc.
301 East Market Street
York, PA 17403
717.424.3645
Mailer's Name and Address:
Members 1 st Federal Credit Union
5000 Louise Dr
MECHANICSBURG, PA 17055
PC ID #/
Article #
Addressee Name
Delivery Address
Z900000027515 DEBRA K MARSH
91 71082133393697500087 265 PINE SCHOOL ROAD
GARDNERS, PA 17324
rermit Number:
9223844001
Sequence Number:
0000347
Postage ES ES
Type Fee
Pagel
MAC Cert. Ver. Num.
SendSuite - MAC v6.00.6.01 .J
Insur Due Total
ed Sende Charge
0.610 C 2.800
ERR 1.100
Page Totals: 14
7.350 54.600
Cum Totals: 14 7.350 54.600
Form 3877 (Facsimile) SendSuite - MAC v6.00.6,01 j Exhibit "E"
Form 3877
0.00 4.510
61.950
61.950
Form 3877
Mailer's Name and Address:
Members 1 st Federal Credit Union
5000 Louise Dr
MECHANICSBURC, PA 17055
Page: 2
-1soin numner: MAC Cert. Ver. Num.
9223844001 SendSuite - MAC v6.00.6.01 J
Sequence Number:
0000347
PC ID #/ Addressee Name Postage ES ES
Article # Delivery Address Incur Due Total
Type Fee ed 5ende Charge
Page Totals: 0
Cum Totals: 14
0.000 0.000
7.350 54.600
Total Number of Pieces ceived: L
Sign
USPS CERTIFICATION
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SPS - Track & Confirm
Page I of I
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POSTAL SERVICE.'` Home, I Help I Sign In
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Label/Receipt Number: 9171 0821 3339 3697 5000 87
Class: First-Class Mail®
Service(s): Return Receipt Electronic
Status: Delivered
Your item was delivered at 7:39 AM on November 20, 2009 in
MECHANICSBURG, PA 17055.
Detailed Results:
• Delivered, November 20, 2009, 7:39 am, MECHANICSBURG, PA 17055
• Unclaimed, November 16, 2009, 10:55 am, GARDNERS, PA
• Notice Left, October 23, 2009,11:21 pm, GARDNERS, PA 17324
• Arrival at Unit, October 23, 2009, 8:22 am, GARDNERS, PA 17324
• Electronic Shipping Info Received, October 22, 2009
Klotifrc,itarxn Options
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MEMBERS 1$T FEDF,RAL : IN THE COURT OF COMMON
CREDIT UNION CUIvM RLAND COUNTY.
PENNSYLVANIA
PLAINTIFF
Vs. NO..
DEBRA K. MARSH a/k/a
DEBRA MARSH
DEFENDANT : CIVIL, ACTION-LAW
: MORTGAGE FORECLOSURE
VERIFICATION
I, Arlanda Dintaman, Collateral Liquidation Specialist for Members I`t Federal
Credit Union, being authorized to do so on behalf of Members 1" Federal Credit Union,
hereby verify that the statements made in the foregoing pleading are tree and correct to
the best of my information knowledge and belief. I understand that false statements are
made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to uns vorn
falsification to authorities.
Members 1st Federal Credit Union
Arlanda Dintaman, Collateral
Liquidation Specialist
6
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
?9u?,tr at ?u+?brr??y?
OFFICE :,r THE Sk6RIFF
Jody S Smith
Chief Deputy
Edward L Schorpp
Solicitor
2010 29 t
nt t
Members 1st FCU
vs.
Debra K. Marsh
Case Number
2010-262
SHERIFF'S RETURN OF SERVICE
01/22/2010 02:08 PM - Valerie Weary, Deputy Sheriff, who being duly swom according to law, states that on January
22, 2010 at 1408 hours, she served a true copy of the within Complaint in Mortgage Foreclosure, upon the
within named defendant, to wit: Debra K. Marsh, by making known unto herself personally, at 265 Pine
School Road, Gardners, Cumberland County, Pennsylvania 17324 its contents and at the same time
handing to her personally the said true and correct copy of the same.
SHERIFF COST: $38.34
January 25, 2010
SO ANSWERS
ONYRAND E RSON, SHERIFF
Ild . k??
De ty Sheriff
(c CountySutte Shenff. Teleosoft. Inc.
I
FILED-{ 1-RCE
0- ? f-i PRO OTARY
2010 HAR -9 P1i 3: 25
Karl M. Ledebohm, Esquire
P.O. Box 173
New Cumberland, PA 17070
(717)938-6929
MEMBERS 1 J ` FEDERAL
CREDIT UNION
PLAINTIFF
DEBRA K. MARSH a/k/a
DEBRA MARSH
DEFENDANT
TO THE PROTHONOTARY:
CUPS; ; . ' :_?;??iY
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY,
: PENNSYLVANIA
NO.: 10-262 Civil
CIVIL ACTION -LAW
MORTGAGE FORECLOSURE
PRAECIPE
Please enter judgment in the above captioned proceeding in favor of Members 1"
Federal Credit Union, Plaintiff, and against the Defendant, Debra K. Marsh a/k/a Debra
Marsh, in the amount of NINETY-ONE THOUSAND ONE HUNDRED SIX AND
43/100 DOLLARS ($91,106.43) 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, Debra K. Marsh a/k/a
Debra Marsh, to Plaintiff's Complaint within twenty (20) days of service thereof and
after a 10-day Notice was sent.
4I4.oo PM Alr4
XNOCLS
Respectfully submitted,
Date: March 1, 2010
M. Ledebohm, Esquire
-me 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
Debra K. Marsh a/k/a Debra Marsh by United States Mail, first class, postage prepaid on
February 16, 2010. 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".
M. Ledebohm, Esquire
Karl M. Ledebohm, Esquire
P.O. Box 173
New Cumberland, PA 17070-0173
(717)938-6929
MEMBERS I" FEDERAL
CREDIT UNION
PLAINTIFF
V.
DEBRA K. MARSH a/k/a
DEBRA MARSH
DEFENDANT
Date: February 16, 2010
TO: Debra K. Marsh a/k/a
Debra Marsh
265 Pine School Road
Gardners, PA 17324
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
: NO.: 10-262 Civil Term
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 ENTER A
WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN
WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE
CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS
FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED
AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR
PROPERTY OR OTHER IMPORTANT RIGHTS.
Exhibit "A"
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF
YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION
ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE
ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY
OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO
FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(717)249-3166 OR (800)990-9108
submitted,
Date: February 16, 2010
U.S. POSTAL SERVICE CERTIFICATE OF MAILING`,
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT
PROVIDE FOR INSURANCE-POSTMASTER
M. Ledebohm, Esq.
Supreme Court ID #59012
P.O. Box 173
New Cumberland, PA 17070-0173
(717) 938-6929
Attorney for Plaintiff
?C
o ?d
0 n
---u Iron - j` p
Karl M. Ledebohm, Esq.
P.O. Box 173
New Cumberland, PA 17070-0173 777- One pi- -f -ii- ,,,e;i Ada osaee ?. _ _ o T ?r77 C
-Wp?.? S ...y3•
_ Debra K. Marsh °crnw°m°33?
_ Debra Marsh
265 Pine School oad ? .0, ?..
w?? .l3i. o n m
- Gardners, PA 17 4
PS Form 3t$l /, January 2001
FfLED-U I iCE ?p?/
(?C ' HE P` l?T !-1111 tVS t
Karl M. Ledebohm, Esquire
P.O. Box 173
New Cumberland, PA 17070
(717)938-6929
MEMBERS 13` FEDERAL
CREDIT UNION
PLAINTIFF
DEBRA K. MARSH a/k/a
DEBRA MARSH
DEFENDANT
2010 MAR -9 pM 3: 25
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO.: 10-262 Civil
CIVIL ACTION -LAW
MORTGAGE FORECLOSURE
AFFIDAVIT OF NON-AHLITARY SERVICE
The undersigned hereby swears and affirms on behalf of Members 1" Federal
Credit Union, the Plaintiff in the above captioned matter, that to the best of Plaintiff's
knowledge, Debra K. Marsh a/k/a Debra Marsh is not currently on active military service.
Date: March 8, 2010
Karl M. Ledebohm, Esquire
Supreme Court ID #59012
P.O. Box 173
New Cumberland, PA 17070-0173
(717)938-6929
Attorney for Plaintiff
Karl A Ledebohm, Esquire
P.O. Box 173
New Cumberland, PA 17070
(717)938-6929
MEMBERS 1sT FEDERAL IN THE COURT OF COMMON PLEAS
CREDIT UNION CUMBERLAND COUNTY,
PENNSYLVANIA
PLAINTIFF
NO.: 10-262 Civil
DEBRA K. MARSH a/k/a CIVIL ACTION -LAW
DEBRA MARSH :
DEFENDANT 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: Debra K. Marsh a/k/a Debra Marsh
265 Pine School Road
Gardners, PA 17324
You are hereby notified that on M h q , 2010 the following
judgment has been entered against you in the above captioned case:
Judgment in favor of Members I" Federal Credit Union, Plaintiff, and against the
Defendant, Debra K. Marsh a/k/a Debra Marsh, in the amount of NINETY-ONE
THOUSAND ONE HUNDRED SIX AND 43/100 DOLLARS ($91,106.43) 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, Debra K. Marsh a/k/a Debra Marsh, to Plaintiff's Complaint within twenty
(20) days of service thereof and after a 10-day Notice was sent.
Dated:
a alt°fl
IL
rothonotary tKd'
I hereby certify that the proper person to receive this notice under Pa. R.C.P. 236
is:
Debra K. Marsh a/k/a Debra Marsh
265 Pine School Road
Gardners, PA 17324
A: Debra K. Marsh a/k/a Debra Marsh
Por este medio se le esta notificando que el de
2010 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:
Debra K. Marsh a/k/a Debra Marsh
265 Pine School Road
Gardners, PA 17324
Date: March 1, 2010
Varl M. Ledebohm, Esquire
'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 17070-0173
(717)938-6929
PRAECIPE FOR WRIT OF EXECUTION - (MONEY JUDGMENTS)
P.R.C.P. SECTION 101 TO SECTION 149 ETC.
MEMBERS 1sT FEDERAL IN THE COURT OF COMMON PLEAS
CREDIT UNION CUMBERLAND COUNTY,
PENNSYLVANIA
PLAINTIFF
NO.: 10-262 Civil Term
Vs. Amount due: $91,106.43
Interest from: 3/3/10 at the legal rate
DEBRA K. MARSH a/k/a Atty's Com. N/A
DEBRA MARSH
DEFENDANT : COSTS TO BE ADDED
TO THE PROTHONOTARY: ISSUE WRIT OF EXECUTION IN THE ABOVE
MATTER,
(1) Directed to the Sheriff of Cumberland County, Pennsylvania;
(2) against Debra K. Marsh a/k/a Debra Marsh, 265 Pine School Road, Gardners, PA
17324, Defendant; and
(3) and against N/A Garnishee (s);
(4) and index this writ
(a) against Debra K. Marsh a/k/a Debra Marsh, 265 Pine School Road,
Gardners, PA 17324, 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:
All that certain tract of land and improvements thereon erected situate in South
Middleton Township, Cumberland County, Pennsylvania, known and numbered as 265
G
FILE [D --4
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Karl M. Ledebohm, Esquire
P.O. Box 173
New Cumberland, PA 17070
(717)938-6929
MEMBERS 1 FEDERAL
CREDIT UNION
PLAINTIFF
DEBRA K. MARSH a/k/a
DEBRA MARSH
DEFENDANT
N
O
N
CrIt
IN THE COURT OF COMMONtl
CUMBERLAND COUNTY,:
PENNSYLVANIA,.
NO.: 10-262 Civil
i> r -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 South Middleton Township, Cumberland County,
Pennsylvania, known and numbered as 265 Pine School Road, Gardners, PA 17324:
1. Name and address of owner(s) or reputed owner(s):
Debra K. Marsh a/k/a Debra Marsh
265 Pine School Road
Gardners, PA 17324
2. Name and address of defendant(s) in the judgment:
Debra K. Marsh a/k/a Debra Marsh
265 Pine School Road
Gardners, PA 17324
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.: Arlanda Dintaman
5000 Louise Drive
Mechanicsburg, PA 17055
i
s
rri
13T
T1
0rn
Mt. Holly Springs Borough
200 Harmon Street
Mt. Holly Springs, PA 17065
Mt. Holly Springs Borough
c/o Keith O. Brenneman, Esquire
44 West Main Street
Mechanicsburg, PA 17055
4. Name and address of the last recorded holder of every mortgage of record:
Members 1 s` Federal Credit Union
Attn.: Arlanda Dintaman
5000 Louise Drive
Mechanicsburg, PA 17055
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
Tenant/Spouse of Debra K. Marsh a/k/a Debra Marsh
265 Pine School Road
Gardners, PA 17324
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: March 2, 2010
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)938-6929
MEMBERS 1 sT FEDERAL
CREDIT UNION
PLAINTIFF
DEBRA K. MARSH a/k/a
DEBRA MARSH
DEFENDANT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
: PENNSYLVANIA
NO.: 10-262 Civil
: CIVIL ACTION -LAW
MORTGAGE FORECLOSURE
NOTICE OF SHERIFF'S SALE OF REAL ESTATE
To: Debra K. Marsh a/k/a Debra Marsh
265 Pine School Road
Gardners, PA 17324
PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, I AM
REQUIRED TO INFORM YOU THAT THIS DOCUMENT AND ANY
SUBSEQUENT CORRESPONDENCE OR COMMUNICATION IS AN
ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED
WILL BE USED FOR THAT PURPOSE.
Your house (real estate) at 265 Pine School Road, Gardners, PA 17324, as more
particularly set forth and described on Exhibit "A" attached hereto and made part
hereof, is scheduled to be sold at Sheriff s Sale on June 2, 2010 at 10:00 a.m. in the
Office of the Sheriff, Cumberland County Courthouse, South Hanover Street,
Carlisle, PA 17013 to enforce the court judgment in the principal amount of
$91,106.43 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.
4
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriff s Sale, you must take immediate action:
1. The Sheriff Sale will be cancelled if you pay to the above named Plaintiff the
amount necessary to bring current the mortgage obligation evidenced by the judgment
plus costs and reasonable attorney's fees. To find out how much you must pay, you
may call Karl M. Ledebohm, Esquire, at (717)938-6929.
2. You may be able to stop the sale by filing a petition asking the Court to strike or
open the judgment, if the judgment was improperly entered. You may also ask the
Court to postpone the sale for good cause.
3. You may be able to stop the sale through other legal proceedings. You may need
an attorney to assert your rights. The sooner you contact one, the more chance you
will have of stopping the sale. (See notice below to find out how to obtain an
attorney.
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE
OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
1. If the Sheriff's Sale is not stopped, your property will be sold to the highest
bidder. You may find out the price bid by calling the Sheriff at the County
Courthouse.
2. You may be able to petition the Court to set aside the sale if the bid price was
grossly inadequate compared to the value of your property.
3. The sale will go through only if the buyer pays the Sheriff the full amount due
in the sale. To find out if this has happened, you may call the Sheriff at the
County Courthouse, which number is listed below.
4. If the amount due from the buyer is not paid to the Sheriff, you will remain
the owner of the property as if the sale never happened.
5. You have a right to remain in the property until the full amount due is paid to
the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer
may bring legal proceedings to evict you.
6. You may be entitled to a share of the money which was paid for your house.
A schedule of distribution of the money bid for your house will be filed by the
Sheriff on or before , 2010 (within thirty (30) days after the
Sheriff Sale). This schedule will state who will be receiving that money. The
money will be paid out in accordance with this schedule unless exceptions
(reasons why the proposed distribution is wrong) are filed with the Sheriff
within ten (10) days after the schedule of distribution is filed by the Sheriff.
7. You may also have other rights and defenses, or ways of getting your house
back, if you act immediately after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE.
IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO
OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE
YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(717)249-3166 OR (800)990-9108
The Sheriff's phone number is: (717)240-6390.
Supreme Court ID #59012
P.O. Box 173
New Cumberland, PA 17070-0173
(717)938-6929
Attorney for Plaintiff
Ob
ALL THAT CERTAIN tract of land situate, lying and being in South Middleton
Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit:
BEGINNING at a stone on the land and thence running by land now or formerly of
Kenneth Brandt, North 26 '/2 degrees East 95.4 perches to a point in the State Highway;
thence running in the said Highway and by land now or formerly of Wilbert Wolfe, 80 %2
degrees East 28 perches to a point in the said Highway; thence running in the center of
said Highway and by land now or formerly of Wilber Wolf, 47 degrees East 14.4 perches
to a point in the said Highway; thence running in the said Highway and by land now or
formerly of Wilbert Wolf, 861/2 degrees East 36 perches to a point in the said Highway;
thence marked by an iron pin at edge of Highway and running by land now or formerly of
Harry Kuhn, South 23 degrees West 16.4 perches to an iron pin; thence running by land
now or formerly of Harry Kuhn, South 89 degrees East 27 perches to an iron pin; thence
crossing the said Highway and running by land now or formerly of Calvin Cook, South
28 1/4 degrees West 93.1 perches to an iron pin; thence to a point in the said Highway,
North 61 1/2 degrees West 2 perches to a point in the said Highway and by land now or
formerly of Robert S. Kramer, South 35 degrees West 30.4 perches to a point in the said
Highway; thence running in said Highway and by land now or formerly of Frank
Coulson, South 34 degrees West 16.3 perches to a point in the said Highway; thence
running by land now or formerly of Lester Myers, North 50 degrees West 26.4 perches
to an iron pin; thence running by land now or formerly of Lester Myers, South 22 degrees
West 29.6 perches to an iron pin; thence running by land now or formerly of Russell
Grove, North 62 '/2 degrees West 19.8 perches to a stone; thence running by land now or
formerly of Russell Grove, North 16 %2 degrees West 36.3 perches to a stone, the place of
BEGINNING.
CONTAINING 60 acres 42 perches and 186 square feet, more or less.
KNOWN and numbered as 265 Pine School Road, Gardners, PA 17324.
BEING the same premises which Debra K. Marsh, Executrix of the Last Will and
Testament of John W. Marsh, by her deed dated September 1, 1995 and recorded in
Cumberland County Deed Book 127, Page 847, granted and conveyed unto Debra K.
Marsh.
TAX PARCEL #40-15-0199-011
Exhibit "A"
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 10-262 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due MEMBERS 11T FEDERAL CREDIT UNION,
Plaintiff (s)
From DEBRA K. MARSH a/k/a DEBRA MARSH
(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 $91,106.43 L.L. $.50
Interest from 313110 at the legal rate -- to be determined
Atty's Comm % Due Prothy $2.00
Atty Paid $170.84 Other Costs
Plaintiff Paid
Date: 3/9/10
David D. Buell, Prothonotary
(Seal) By:
Deputy
REQUESTING PARTY:
Name: KARL M. LEDEBOHM, ESQUIRE
Address: PO BOX 173
NEW CUMBERLAND, PA 17070
Attorney for: PLAINTIFF
Telephone: 717-938-6929
Supreme Court ID No. 59012
>1UL " 6 2010 3
Karl M. Ledebohm, Esquire
P.O. Box 173
New Cumberland, PA 1707C
(717}938-929
MEMBERS 1 FED]
CREDIT UNION
PLAINTIFF
DEBRA K. MARSH
DEBRA MARSH
73
,RAL IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
s. NO.: 2010- 262 Civil `=" " `~ =
r~
a
DEFENDANT
AND NOW,
consideration of
Foreclosure Without
brought the obligation
entered in the above
CIVIL ACTION-LAW
MORTGAGE FORECLOSURE
~~
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OT
~_ day of , 2010, upon
rs ls' Federal Credit Union's Motion to Vacate The Judgment in
in the above captioned matter, the Defendant having
under Act 6, it is hereby ORDERED THAT the Judgment
Toned matter is hereby vacated without nreiudice.
By th ourt:
J.
tice addresses:
Defendant: Debra K.
265 Pine School Road, Gardners, PA 17324
Attorney for Plaintiff:
./furl M. Ledebohm, Esq., .O. Box 173, New Cumberland, PA 17070-0173
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