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Home My WebLink About10-0442 0 Y 20f0JAN 20 Pj"; !: r9 A LAST Karl M. Ledebohm, Esquire P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 MEMBERS 1 ST FEDERAL CREDIT UNION PLAINTIFF Vs. CHARLES E. WESCOAT, JR. and MICHELLE D. WESCOAT DEFENDANTS : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA NO. 10 - 44 A &VII-lem : CIVIL ACTION - LAW MORT&WE F(*ECLOSURE NOTICE TO DEFE AND CLAIM RIGHTS 1-17 THIS LAW OFFICE IS A DEBT V4i'b ECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT 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 warn at if you fail to do so, the case may proceed without you and a judgment may be against you by the Court without further notice for any money claimed in the Co t or any other claims or relief requested by the Plaintiff. You , pr wy lose money or property pr 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 ? qa. CC Po A7T%J er.? 35ss 27? a? s31 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 torte. Si usted guiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notification. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objectiones a las demandas en contra suya. Se ha avisado que si usted no se defiende, la corte tomara medidas y puede entrar una Orden contra usted sin previo aviso o notification y por cualquier queja o alivio que es pedido en la peticion de demanda. USTED PUEDE PERDER DINERO O OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED NO TIENE O CONOCES UN ABOGADO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SU PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717)249-3166 OR (800)990-9108 Karl M. Ledebohm, Esq. P.O. Box 173 New Cumberland, PA 17070-0173 (717) 938-6929 MEMBERS 1 ST FEDERAL : IN THE COURT OF COMMON PLEAS CREDIT UNION : CUMBERLAND COUNTY, : PENNSYLVANIA PLAINTIFF Vs. NO.: 6 CHARLES E. WESCOAT, JR. and MICHELLE D. WESCOAT DEFENDANTS : CIVIL ACTION-LAW-MORTGAGE :FORECLOSURE COMPLAVIT AND NOW, comes Members I" Federal Credit Union, the Plaintiff in the above captioned matter, by and through its attorney Karl M. Ledebohm, Esquire, and makes the following complaint: 1 5000 Louise Drive, P.O. Box 40 Mechanicsburg, PA 17055 NI MEMBERS P nerWlaearweaa PRINCII+AL AMOUN I CHARLES E VVESCOAT, JR ANNUAL PERCENTAGE FINANCE CHARGE: Amount Financed! The amount of Total of Payments: The amount RATE: The cost of your credit as a The dolor amount the credit win credit provided to you or on your you Wit have paid after you have yearly rate. • cost you, behalf. made all payments as scheduled. 9.39 % • $ 191,148.98 • $ 155,900.00 a 5 347,048.98 e Varlabb Nab: N your loan has a variable rata as Indioaled show des Arun" Poranhlpe Rata may inarom dump tiro term d fra transaction N the (Index) changes. The a dit union wM add a margin d to the Index value. The rata we carpe will y on am eft day of the month. The rate wit never be higher Dun the maximum rate slowed by law' and R wed mover be Iwe tun Any bterast rob Increases we i"Uh In mom payment& of IM wma amount. For Example. N your loan was for $5.000 at 15% for 49 manure aid the Ara" Percentage Rate messed by 2% afar ale year, she term of your loan would Rowe by two months Rate: N rharJesd, tie folowin applies to your loan: Y pa yo pl Auto u ANNa EN AGE Rata ho you have aeed by.20%. Tmake he ANNUAL PERCEpNT RATE disclosed above In theANn Pfrom ERCEN AGE RATE boSavings is .20% I cases aul*m ayment rovK?aN woma a OG In such a case. Ma M lod heat cra iss will ybe to extend an lane of your loan F. or t •of tag , If yobur Automatic Paayyment D scounYg Rae 13 13 o% on a S5.000.00 ran for t0 iris and you aerie the wlom rtic payment arrangement. your rete we increase a 10.20%, nsuldlq n 1 additional payment. Variable Rate P ll rred Loans. U your loan is a variable rate loan and you quality fa a preferred rate, your preferred discount Is taken at the time you take owl your loan. This Initial "rem d ANNUAL PEI}CENTAGE RATE will tlun very aaadkq to dlangoo in as Index (" disclosed above For example, N a variable rate loan's initial ANNUAL REERTEEN E RATE is 12% at the Ikea you take the loan, your Iclaa preferred ANNUAL PERCENTAGE RATE l be NIA%. Your initial preferred ANNUAL PERCENTAGE will then wry aeoudWq to On Index. as disdosed In to VW ble Rao' prwiskn above. Fixed Rate Prelim wO Loans. If your tan is • fixed rob clan and you quality for a prWwTed rota, your ANNUAL PERCENTAGE RATE will be the preferred ANNUAL PERCENTAGE RATE disclosed above for ea arp ad a preferred status remains In effect. Number d Payments Amount a Payments, PAymwhI Freguaesy When Payment Are Due Property Insurance: You may obtain. property Your Insuends from you wand that is acceptable to S0601111118 239 $1448.08 Monthly - Beginning W1612006 the?tddit u .I get the Insurance from the we be. 1 $1440.84 Final Due - On 88116=28 5 NIA y pay socur" GUW bans with the aadl union lu goods or oft nil 21 1 wwn tlda tefN lam You are quell a ?aa?aNy Interest In eaaibe): your shame and7a deposit Mau credit union, and a being pY ? (D Late CAary?• N a Called is rat by 10 doya or non you we R"Wled Deposit OWnce: The Annual Percentage RAW does =Nw Pool: Non-FINng Insurance! be cluped s lots Called 5%d your edudWed payment. al Ike Into aaounl your required deposit balance. N any. $ WA lyu ply . you net ply a -•- • andrANddds and prpeynard rebdrwd perra4s. M' mWY ownwo IT e AMOUNT FINANCED $ 155,900.00 Amount Palo to others on your behalf (Describe) AMOUNT GIVEN TO YOU DIRECTLY $ 25,397.00 Ifirinewul ? So" To S To o M 5 To AMOUNT PAID ON YOUR ACCOUNTS 16,802.33 $ "5.000a7 To Hc"Ea i To PREPAID FINANCE CHARGE $ 0,00 $ To Aabd9akdbre 50'00 $ To Few TO AIblleO SNWaa OTHER (Describe): 679 F STREET CARLISLE PA 17013 anarw wepualls of 13 I I $ I "-"'•'-" Tos "Me 91ar ale tans and andWWO In ties dadoWM s1WmaM and the ran and saw* semsmmte IoWed on page 2 of this decumera sltea apply than am borrower, we agree star ON ft condillpne at ties ban and socurky agreanusb goveming this clan slot oo#y b both lonty and severely. Yickto Oft loan now ed . owl you is more 100"aneea am of the loan and socuray agraemor" and disclosure sdWmant Co.Ugnor: II you are at" as cod er. you aa m kwlodge nuipt of ties nosa to cur-signer u Mw BORR U DATE nuTK, E 1 R •'COSIG R DATE (REAL _ EALIg-", X 4,; 15 7 ? CO-MAKER ? 'OTHER OWNER ? "CO-SIGNER DATE ? C KER ? 'OTHER OWN ? "COSIGNER DATE X (SEAL) X (SEAL) X CO-MAKER ? 'OTHER OWNER ? "CO-SIGNER (SA)TE ? CO-MAKER ? -OTHER OWNER ? -'COSIGNER DATE X (SEAL) •orlra OMMIA" pe We whoa. wepeleanmat la s-re.weewWaw1 w"Move e..war r•r=d-Mn.Tbeerr eewv,eeWaeW eearlWW, r rawMeanl bprr 9wdaa6 eve eMwelear cow easel wewaW a Weedy knurl bewewbWei W Wplabrd Mille arelFAaerrwL"CO.aaMn: V1+e aarWS. M veal ocher aew...a e.o.eW r•ler+ Wwaw avww M aeq eM M roe. eve ee awllw 1ka a•rw•rrwrN»MMaaab*Akb-.ere, "ebuniss6. * dbrbe. rw evwweeg saNaewa t, =%=68=1 a ties rlR eadble kr srurwlo•. •-. _,.._?_..__._..__? ._ , ..? A epewm-co esau'sw. e Tls f•a•wbla gartlses, lM=131% rkwlwa ? ? u 1. tlep,sablsaaebeswwwa aawlaagva onMY YwlMyw osnagaapa 70an tles etll nMyMw01?lWMaaleapnvloaht r p?swNr K s. tie lawneavrppee vwpmAta iawmaua~amae per wbiM abeio rove been sewall'M's9`rimamere~bsan MidaVrWef ? Q El O 1. 90 & •MpawakFSIf yyeur?as•I yWAS." It M>yaw50?0eaaa ties ftuw^ ggNgmuwnr sensitive M alekw.aaM a ada/p daanNna elplMlly. CnhoW"napa«"4faan:'Oaaaaay°i^,7lbpnsir°"(,,1o61 v°AIOf RN=Caaps.=,J1RC oorata°aomay aMy chem. race*. D O 13 C] I aaevra a ties WsYe qq??wrasaera W Ws, b es Mal N -w inoaeaaa old rasa(, a, y eo.eaas?ry ter I wwww-w is 1100"M 1 or 2, we urawNasi ula We PWW a nos 'sock ter Winona and aI nabs nwW.11 my s•.epparana sAliver Y.Ya que" 2, vn uMwslra oat vas w 01011111 kikwwwas up b wl arawa rot exowdkp $1,00. The orSta•nlw alanwaa fi Of res Close my sorMtar)aYlYclep a ray n Ws, be t m•Iwlally the dwe false a N aria rneAeyu r Zf-sub a w M* and wan INwri te da1rWM ••y Nwwaa maprWter w mwNhoOpeeorsmonxs . mss rraud an tipopekhwnna as Wan ter Insunnee aste pryee N , kdoawaglwl wnw.mYla oily I,a mulea wNeh b a arras Ws, valises web ir Waco M aradnW cob""V4".00"810" =b le are blank This d appauUOn vats not be u•W in "Masi if al appgreble blank quo have nos burn complMSd, me d~ M• net 111901411 and dead Via appkidon and a On sp aslbn has nos bean wanss." CREDIT INSURANCE APPLIED FOR: NOTE: ONLY ONE APPLICANT MAY APPLY FOR DISABILITY COVERAGE. ? YBa Q No Single Credit Lila Toter Premium ? Yea Q No Credit Disabllty Total Premium ? Yea QX No Joint Credit Life ; Indicate when ppNcam(e); o APga.nt O Co-Appleant $9.00 Indkate which applaanas). ? APplkunt E] Co-Appliceni S O.DO OF A LASER-wORO F. 43709 Rev. 1101 a.111 COaryuWa. N-VI hghU srtfvse. Exhibit "A" BORROVANS NAM LOAN NUMBER ACCOUNT NUMBER DATE OF LOAN CHARLES E VVESCOAT, JR 181477 25083904 ATE O 20o8 WN THESE ACRWJ7HE NORD8'CREDIT UNION' MEANS MEMBERS 18T FEDERAL CREDIT UNION. THE WORDS 'YOU; "YOUR' AND "YOURS' MEAN THOSE LOAN AGREEMENT For Allocation of Payments and Additional Payment; Payrt?n? and credits shell be applied in On toll o q order. any anaunls =4%. arty fees or Cha?rolanr?govMg. Including ants Fwranca premiums; troat or On- ~; outstanding principal. Payments made in addition to regularly sclad Gr WW paynargs 00 be applied In the game order. You no lo?rgar e?oelY1°w list prihr?rad?tZ.00115 urwar uas ngreamam even R Lab Ch u. Myon page 1 o(tthb agree to pay a Isla eheryta If one Is ' doted on Property Insurance: If you oobtain s loan seccurreadgby, of nabs vehicle or union su in ance froth ?wmta be awe bis too Mo?pelpN cowl3ruppea I Credit WW Won =rice. umust contain You pp may y" obtain Wt h?rnrrce mfrom en ryrarty g the credit am of yyo rrr choked diced the agent to send the credit union a copy of lnhi Pcy, Debtor Responsl611 ' You Promise to noticy, crecia union ;f any of* In you ntrra address im?nreni Y prornite not b apply !or i tali It you know there N a P?tlat you whe be unable to repay Yaw aDNpa9on• o! new la tins of oredB aztaabn You promise toppinaafoyy rrymoouuraredM Mformalbn which relating to you aWky to rolnfonr Y&x or Yo =Au tNNt false or Ineocuwt regarding your creditworthiness, credit standing, or capacity. Sale UML =11.1 faderal Is credit urilon @,ehildms t' 0. °r t you amwrdtbN your. B t(U the union may WAMbe 81k without Iaatitsr notice to you dtl Defy In Enfomwnw*. Credit Union ma delay wdxdng any of the credit union right under this spresment wit bslnp tlwm. Inepular PaymB0gle: The Ored9 Union may aooeQt late pBlrmerds or partial paynter". Won marked crdd urf8x g Brae iM In full. wWW looks any of the union rights is Co-maters: N you we sq M agreement as a CO-malper, you aproa to be rosOw*Me wAh 81e borrower, but the credit union may tfis sidles of of The credit union does not have to nogg you 0 iM aprsdrivetl riot been paid. The credit union may exbrd Ba•brms of oavmeni?ty ro e e a s? wllhout no" or relasMp you from CerwaoWSl Flsees of slams: Yar aalIaad/00 sin Vole shams and dsp?aa In the aadll rafeq bbm addabns, as aseurlgr for this ban. In au you dsfwB, Win awA latea may aspppplyy dose slam and deposal per payment of ail sutra it" at &A law of defeuk Including eeW of collection and ra00mble B*Wrl % fees. Mat the grads union may Inew. Up to 30% of the uulpsN P= and Interest Wass or right b Impress a Ban on shams and doponhb she apply to any of your shuns which may behold inor 'WK4dual RMlmuwrR AaeuM" "Keogh Plen," 8100 2lag NOTICE TO CO$WNER You sro b . V asked bpusruEee this ash * ?rehiry ? you do. If the borrower doesn't pay the debt you will have to. Be sue you can afford to pay t (you have b, and malyou want fo aporisi Yam°Uar?nly have to Pay up to the full amount of the debt N the borrower does not pay. You may also have to pay Male fees or collection costs, which Increase this The creditor aapnaaicroqleet this debt tom you wsgii?t?hroogutyo9rust ? gi to o9oYNW tom the borrower. The creditor can we the same collection methods against you that or the dgbwages, etc It this debt is aver In default that lad may became a part of your credit can be ndaca briot tide corNracl msksi =.IPab1e lu record. Phis 2 the ado ur=rgFou?E?awpasxo%cnii ? M go?rr trasnosf rya a colisunl uNas you have COMMM. 5. Ytlw aelsMral who hire dpnW'Ihs pi 1* in tloriaeY d Bbd Ph" 4. YY 6111, }as awaaxv.Vd, lions ? ?i tiodied I* Via n ? !umsrMb 1t union a s:wat and do WE Oro property against verse send party "M 5. You will surauoa In 4ovar_anY vehicle or C S M?P??Y In wwhhic7h? the credit • s to YnwsM TmMb ? Woo?o^cro1d nlon wl fith proof thle a we tl aloha ant M' t a? may ow hi M it the we E aaM You further so rpm to IM atYSm ?b rtdpaalw)0!gqnnee ?srr?oyoaada ofyanypNywm??eo an to to PP1Y ?aa' prowahNtlcb PWV ab aiur annind e hirlhor wiM he MeM? tlonofoor?vMEUeon? of di pinup' a o®oovonpap? B,oCmur "Im w?1o b noM b`e'yaeo?u MwaWfM?endn,Mia?ly bsu).? Ely 1 Z@PProbetbn W the ? ?pae Ion 10 cis I.Uadill unib"n ne 116 cessary b 1hs:6un'ou low. 10. F. 437891/02 APM SYW m .Irm, 724.1070 Page 2 of 2 SECURITY AGREEMENT The ral MSinn?ie hi ? ,yowuo%. ouiAtlborrayW- sMrFp» aso9anom ?oVUSnY re V ill bit ? "Mont This" r geMgwM not only hinds you, but your axsaMn. adnMistnbrs. ALL that oertain tram of land with the improvements thereon -onected. Wwata In the Fifth Wand of the Borough of Carlisle, Cumberland County, Penns*anie, bounded and described as follows: BEGINNING at a point on the northern skis of TO Street, on the divldinp between Lot Nos. 48 and 49 on the hembeflser mentioned Plan of Lots; thence by said dividing line, North 2 degrees 30 mhwtss End, 130.150 feet to a point; thence South 87 degrees 30 minutee East, 71.00 feet to a point; thence by the dhWkV line between Lot Nos. 49 and 50 on said Plan of Lots. South 2 degn3ee 30 minutes, West, 130.50 teat to a point on the northern aide of dP Street; thence by to northern side of •F" Strout, North 87 degrees 30 minutes West, 71.00 feet to the Piece of BEGINNING. BEING Lot No. 49 on this Plan of Late kw m as The Diehl Tract as recorded in the Office of the Recorder of Deeds In and far Cumberland County, Pennsylvania, In Plan Book 13, Page 12. BEING Improved with a dwelling house known as No. 579 "F" Street. Carlisle, Pennsylvania 17013. Being the same premises which Lester G. Welsh, by his deed dated July 29, 2004 and recorded in the Cumberland County Recorder of Deeds Office at Deed Book 264, Page 2092, granted and conveyed onto Charles E. Wescoat, Jr., married man. Being Tax Parcel no.: 06-19-1643-028 Exhibit "B" 31 cfi°Y Prepared By: Members 1 st FCU 5000 Louise Drive Mechanicsburg, PA 17055 Return To: When recorded mail to: FIRST AMERICAN TITLE INSURANCE LENDERS ADVANTAGE 1100 SUPERIOR AVENUE, SUITE 200 CLEVELAND, OHIO 44114 ATTN. FT1120 +1;181r`P 1 P. Z I E '%JLE K (l ?,ti1, t,UMBEol '.' 2406 pUU 28 PA 10 06 MORTGAGE Made 08/07/2006 Between CHARLES E WESCOAT JR (hereinafter ca a "Mortgagor") And MEMBERS 1ST FEDERAL CREDIT UNION (hereinafter called "Mortgagee") I ?aq 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 $_ 155,900.00 lawful money of the United States of America, and has provided therein for payment of any additional moneys loaned or advanced thereunder by Mortgagee, together with interest thereon at the rate provided in the Note, in the manner and at the times therein set forth, and containing certain other terms and conditions, all of which are specifically incorporated herein by reference; Now, Therefore, Mortgagor, in consideration of said debt or principal sum and as security for the payment of the same and interest as aforesaid, together with all other sums payable hereunder or under the terms of the Note, does grant and convey unto Mortgagee, All that certain property of the Mortgagor located in BOROUGH OF CARLISLE Cumberland County, Pennsylvania SEE ATTAHCED EXHIBIT "A" FOR LEGAL DESCRIPTION which currently has the address of 579 F STREET [Street] CARLISLE , Pennsylvania [City] Acct No 250639-04 App1D 164477 17013 [Zip Code] Page 1 of 4 Exhibit "C" 8Ki963PG31 19 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 250639-04 ApplD_ 164477 Page 2 of 4 BK1963PG3120 (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 250639-04 AppID 164477 Page 3 of 4 8KI963PG3121 Witness the due execution hereof the day and y Commonwealth of Pennsylvania County of ss: O this, e day of ??) , 2006 , before me the and rsigned officer, personally appeared me to be the person(s) Whose name(s) is/are subscribed to the within Mortgage, and acknowledg d that to he/she executed the same for the purposes therein contained. In Witness Whereof, I hereunto set my hand and official seal. My commission expires: COMMONWhAlTh OF PENNSYLVANIA Notarial Seal Jody L. Travis, Notary Public Upper Allen Twp., Cumberland County MY Commission Expires Sept. 29, 2008 Member, Pennsvivania Association of Notaries Certificate of Re_ idence of Mortgagee Members 1ST Federal Credit Union, Mortgagee withit5 ieh certifies that its residence is 5000 Louise Drive, Mechanicsburg, PA 17055. By Acct No 250639-04 AppID 164477 Page 4 of 4 OnI963PG3122 EXHIBIT "A" LEGAL DESCRIPTION A PARCEL OF LAND SITUATED IN THE STATE OF PENNSYLVANIA, COUNTY OF CUMBERLAND, WITH A STREET LOCATION ADDRESS OF 579 F ST; CARLISLE, PA 17013-1350 CURRENTLY OWNED BY CHARLES E• WESTCOAT JR A"& HAVING A TAR IDENTIFICATION NL)MBER OF 19-1643-0028-0000000-06 AND FURTHER DESCRIBED AS LOT 49 PB 13 PG 12 . 19-1643-0028-0000000-06 579 F ST; CARLISLE, PA 17013-1350 164477 1111111111111 Jill 11111 WESTCOAT JR 29532231/f/or 10029768 FIRST AMERICAN LENDERS ADVANTAGE MORTGAGE illll 1111111 l Iilllll Iliiliilllll illl 11 III l 1111111 ??°???o1 TpeA n j 9K 19 6 3 PG 3 123 (Rev. 9/2008) Date: October 23, 2009 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE The HOMEOWNER'S E RGFN Y MORTGAGE ASSISTANCE PROGRAM (7EA AP) may be able to heIR to sa_veyouur home, This Notice exRlaine how the program works. To see if HEM_AP can heirs. you must MEET WITH A CONSUMER CREDIT COUNSET,hy AGENCY WITHIN 3- DAYS OF THE DATF OF THIS NOTICE, Take this Notice with you when you meet with--the Counseling Agncl. The name. address and phone number of Consumer Credit ounseling$gmies serving ^••r ours are listed at the n o this Notice If you have any guest?;ons. you ma, call the Pennsylvania Housing Finance_Agencv toll free at 1-800-342-2397, (Persons with impaired hearing can call (717) 780-1869), This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACIbN EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACI6N OBTENGA UNA TRADUCC16N INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. Page 1 of 5 Exhibit "D" HOMEOWNER'S NAME(S): CHARLES E WESCOAT JR PROPERTY ADDRESS: 579 F STREET CARLISLE, PA 17013 LOAN ACCT. NO.: 250639 - 04 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 FORF.CL.OSURE -- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing). During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY-THREE (33) DAYS OF THE DATE OF THIS NOTICE. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit counseling agency listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE. ASSISTANCE -- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA and received within thirty (30) days of your face-to-face meeting with the counseling agency YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE". YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. Page 2 of 5 AGENCY-ACTION -- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emereencv MnrtoAOn Accietanon 1 HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date,. NATURE OF THE DEFAULT --The MORTGAGE debt held by the above lender on your property located at: 579 F STREET CARLISLE PA 17013 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: $1,383.33 for July 16, 2009, $1,444.60 for August 16, 2009, $1,444.60 for September 16, 2009 and $1,444.60 for October 16, 2009. Other charges (explain/itemize): TOTAL AMOUNT PAST DUE: $5,717.13 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 $ 5,717.13 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Pavments 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 Lynn Unger 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. DFFerrr T--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 _y Int. 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 m- ortgaggd Frog r y. IF THE MORTGA(:'F. IS FORFCLOSE 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. rou will not be required to pay at orn 's fees. OTHER L.FNDFR RF.M .DI .S -- 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 S A= F -- If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale You may do so by paving the total amount then past due, plus any late or other charges then due reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by?erforming any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POS IB SHERIFF'S SA DAT -- It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately Three (3) months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. Name of Lender: Members 1' Federal CreditUnion Address: 5000 Louise Drive- Mechanicsburg, PA 17055 5188 Phone Number: (7171795-5198 or (Rom 283-2328 E_.• J100 v LAL Fax Number: (7171795-5207 Contact Person: Lynn Unger E_MailAddrecs: Unger member-Ostorg EFFECT OF SHERIFF'S A ,F -- You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE -- You may or XX may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. Page 4 of 5 • 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 # 9171082133393697355557 Page 5 of 5 HE-MAP 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 Captiai 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 Notice Disclosure (exp 4/30/2007) Office of Housing Legal Rights and Pro rtions Under h SCRA Servicemembers on "active duty" or "active service," or a dependent of such a servicemember may be entitled to certain legal protections and debt relief pursuant to the Servicemembers Civil Relief Act (50 USC App. §§ 501-596) (SCRA). Who Mav Be Fnfi 1 d to egaI Protections Und r th SCRAI • 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 .e al Protections Are Servicemernhers Entitled To Under the SC 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 Servicem ember or D pendent Request Relief Under the SCgA9 • 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 Does a Servicememb r or D pendent Obtain Information About tile SCRA? The U. S. Department of Defense's information resource is "Military OneSource". Website: htto://www.militarvonggource coin 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://leealassistance law of mil/content/locator.php form HUD-92070 (2/2007) tRev. 9/20081 Date: October 23, 2009 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE v may be able to help to save your homy This Notice explains how the program works. ee if HFMAP eon hain myftis •r.va.L ILAMTT'K11TTRMrr a --- %PMAR0 25112-1 tyLICHUICS serving County are listed at the end of this Notice If you have any Auect? ions you may ca_ ll the mnsvlvama Hnncv-n,r ? ., -- 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 NOTIFICACI6N OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. Page 1 of 5 HOMEOWNER'S NAME(S): MICHELLE D WESCOAT PROPERTY ADDRESS: 579 F STREET CARLISLE, PA 17013 LOAN ACCT. NO.: 250639 - 04 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 TAY 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 THRFE,(33) HAYS 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 .O INS i IN . A N IFS -- 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 MORT A GF 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 Emergencv MortnaoP A--kfan- HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT --The MORTGAGE debt held by the above lender on your property located at: 579 F STREET CARLISLE PA 17013 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: $1,383.33 for July 16, 2009, $1,444.60 for August 16, 2009, $1,444.60 for September 16, 2009 and $1,444.60 for October 16, 2009. Other charges (explain/itemize): TOTAL AMOUNT PAST DUE: $5.717.13 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): HOW TO RE 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 $ 5.717.13 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 I`t Federal Credit Union ATTN• Lynn Unger 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 property. IF THE MORTGAGE IS FORECLOSED UPON -- The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period. you will not be required to Ry attorneys fees. OTHER LENDER REMEDIES -- The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -- If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so by paving the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE -- It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately Three (3) months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. Name of Lender: Members 1't Federal Credit Union Address: 5000 Louise Drive Mechaniechurg, PA 17055 Phone Number: (717)795-5188 or (8001 283-2328 Ext_ 5188 Fax Number: (717) 795-5207 Contact Person: Lynn Unger E-Mail Address: unger(aDmembendst.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 # 9171082133393697355564 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 h S RA Servicemembers on "active duty" or "active service," or a dependent of such a servicemember may be entitled to certain legal protections and debt relief pursuant to the Servicemembers Civil Relief Act (50 USC App. §§ 501-596) (SCRA). Who Mav_Be Entitled to Legal Protections Under he 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. What Legal Protections Are Servicemembers Fn itl d To Under h SCRA9, 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 ervi m mb r or Dependent Rep , c Relief Under th 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 1" Federal Credit Union, ATTN: Arlanda Dintaman, 5000 Louise Drive, Mechanicsburg, Pennsylvania, 17055. The phone number is toll free (800) 283-2328. How Doe" a ervi .memb r or-Dependent Obtain Information Abo ut the SCgA? The U. S. Department of Defense's information resource is "Military OneSource". Website: http://www.militgaonesource.com The toll free telephone number for Military OneSource are: o From the United States: 1-800-342-9647 o From outside the United States (with applicable access code): 800-3429-6477 o International Collect (through long distance operator): 1-484-530-5908 • Servicemembers and dependents with questions about the SCRA should contact their unit's Judge Advocate, or their installation's Legal Assistance Officer. A military legal assistance office locator for all branches of the Armed Forces is available at http://legalassistance law of mil/content/]ocator.php form HUD-92070 (2/2007) 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 Form 3877 Page: 1 Mailer's Name and Address: Permit Number: MAC Cert. Ver. Num. Members 1 st Federal Credit Union 9223844001 SendSuite - MAC v6.00.6.01 .J 5000 Louise Dr Sequence Number: MECHANICSBURG, PA 17055 0000348 Pc ID #/ Addressee Name Postage ES ES Insur' Due Total Article # Delivery Address Type Fee ed Sende Charge cyuu000027630 Charles E. Wescoat, Jr. 0.610 C 2.800 0.00 4.510 91 71082133393697355557 579 F, Street ERR 1.100 Carlisle, PA 1 701 3-1 350 Z900000027632 Michelle D. Wescoat 0.610 C 2.800 0.00 4.510 9171082133393697355564 579 F. Street ERR 1.100 Carlisle Carlisle, PA 17013-1350 Page Totals: 12 14.640 Cum Totals: 12 14.640 Form 3877 (Facsimile) SendSuite - MAC v6,00.6.01 .J 46.800 46.800 61.440 61.440 Exhibit "E" Form 3877 Page: 2 Mailer's Name and Address: Permit Number: MAC Cert. Ver. Num. Members 1 st Federal Credit Union 9223844001 SendSuite - MAC v6,00.6.01 i 5000 Louise Dr Sequence Number: MECHANICSBURG, PA 17055 0000348 Pc ID #/ Addressee Name Postage ES ES Insur Due Total Article # Delivery Address Type Fee ed Sende Charge Page Totals: 0 0.000 0.000 Cum Totals: 12 14.640 46.800 0.000 61.440 USPS CERTIFICATION Total?Number of Pi s Received:- SiBnat v a? r.o w?NCY eowrs 0.2 1M $02.520 Form 0004250959 OCT 23, 2009 -- ..- . ?? naCz Rnutf?R iamn• l Z 3 9 I &PO 9 $ 02 1 520 i ., 02 . f l 0004250955 X723 2009 • MAILED FROM ZIP CODE > 705F 16 a MEMBERS I" FEDERAL IN THE COURT OF COMMON PLEAS CREDIT UNION CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF Vs. NO.: CHARLES E. WESCOAT, JR. and MICHELLE D. WESCOAT DEFENDANTS : CIVIL ACTION-LAW-MORTGAGE :FORECLOSURE VERIFICATION I, Arlanda Dintaman, Collateral Liquidation Specialist for Members I st Federal Credit Union, being authorized to do so on behalf of Members I" Federal Credit Union, hereby verify that the statements made in the foregoing pleading are true and correct to the best of my information knowledge and belief. I understand that false statements are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. Members I't Federal Credit Union By: ;-? -X4- Arlanda Dintaman, Collateral Liquidation Specialist 6 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Edward L Schorpp Solicitor -FILEDFFICE OF THE PR )7-" Nf0, TARP 2010 FEB -8 PM 12 00 CWT;:: 1L., ,;-jut?T Y Y Members 1st FCU vs. Charles E. Wescoat, Jr. Case Number 2010-442 SHERIFF'S RETURN OF SERVICE 02/04/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Charles E. Wescoat Jr., but was unable to locate him in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Charles E. Wescoat Jr. Request for service at 579 F Street, Carlisle, PA 17013 is vacant. The Carlisle Postmaster has advised the defendant's new address is 2001 Red Bank Road Trailer 48, Dover, PA 17315. 02/04/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Michelle D. Wescoat, but was unable to locate her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Michelle D. Wescoat. Request for service at 579 F Street, Carlisle, PA 17013 is vacant. The Carlisle Postmaster has advised the defendant's new address is 2001 Red Bank Road Trailer 48, Dover, PA 17315. SHERIFF COST: $59.84 February 04, 2010 . l?9Ul?Sy.SUitr wh£e'"i`f'. 1?E'.i(3Q50'I_ ??'L PLED- ? TL" Karl A Ledebohm, Esquire P.O. Box 173 New Cumberland, PA 17070-0173 2010 FEB 18 PH 2: 2 9 (717)938-6929 I v ' 'i! MEMBERS 1sT FEDERAL CREDIT UNION PLAINTIFF Vs. CHARLES E. WESCOAT, JR. and MICHELLE D. WESCOAT DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-442 Civil Term CIVIL ACTION -LAW MORTGAGE FORECLOSURE PRAECIPE TO REINSTATE COMPLAINT To the Prothonotary: Please reinstate the complaint filed in the above captioned matter. Respectfully submitted, Date: February 16, 2010 xarl M. Ledebohm, Esq. Supreme Court ID #: 59012 P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 Attorney for Plaintiff O lo. oo Pa ATr/ &V 358'] ea37743 f.. THE P , T110N'��Ar `i Karl M.Ledebohm,Esquire cQ f o SEA' 17 PH 2= 02 P.O.Box 173 CUMBERLAND COUNTY New Cumberland,PA 17070-0173 PENNSYLVANIA VA I (717)938-6929 MEMBERS 1sT FEDERAL IN THE COURT OF COMMON PLEAS CREDIT UNION CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF NO. 10-442 Civil Term Vs. CHARLES E. WESCOAT, JR. and CIVIL ACTION—LAW MICHELLE D. WESCOAT DEFENDANTS MORTGAGE FORECLOSURE PRAECIPE TO SETTLE,DISCONTINUE AND END TO THE PROTHONOTARY: Please mark the above captioned matter as settled, discontinued and ended. Respectful s ed, Date: September 13, 2013 M. edebohm, Esquire euprem e Court ID#59012 2 P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 Attorney for Plaintiff