HomeMy WebLinkAbout10-1006FILED,,-D? -;'vC
OF THE P
2010 FEB -8 NJ 3: 12
VIV ? '-_ JV ?I'?
iM1I+:^ 11 q
Karl M. Ledebohm, Esquire
P.O. Box 173
New Cumberland, PA 17070-0173
(717)938-6929
MEMBERS 1sT FEDERAL
CREDIT UNION
PLAINTIFF
Vs.
DALE J. EMLET and
ELAINE V. EMLET
DEFENDANTS
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
: PENNSYLVANIA
NO. ?p - I O?(v Civ 1 Ti°.?11
: 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 with the Court your defenses or objections to the claims set
forth against you. Y91; ge warned that if you fail to do so, the case may proceed without
you and a judgment may be entered against you by the Court without further notice for
any money claimed in the Complp'A
or for any other claims or relief requested by the
Plaintiff. You may lose money a roperty or other rights important to you.
YOU SHOULD TAKE TqS 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 Os
ABOUT HIRING A LAWYER.
-*Qa.oo PO ATT`(
C& 3580
??73q?
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
NOTICIA
Le han demandado a usted en la corte. Si usted guiere defenderse de estas
demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al
partir de la fecha de la demanda y la notification. Usted debe presentar una apariencia
escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o
sus objectiones a las dem ndas 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 USMEDIATAMENTE. SI
LISTED 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 I ST FEDERAL
CREDIT UNION
PLAINTIFF
Vs.
DALE J. EMLET and
ELAINE V. EMLET
DEFENDANTS
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO.: / 0 .-/ V D 6, , e,) ,'/ : CIVIL ACTION-LAW-MORTGAGE
:FORECLOSURE
COMPLAINT
AND NOW, comes Members I" Federal Credit Union, the Plaintiff in the above
captioned matter, by and through its attorney Karl M. Ledebohm, Esquire, and makes the
following complaint:
1
1. Plaintiff, Members 0 Federal Credit Union ("Members is a National
Federal Credit Union having a principal address of 5000 Louise Drive,
Mechanicsburg, PA 17055.
2. Defendants, Dale J. Emlet and Elaine V. Emlet (hereinafter collectively
"Defendants"), are adult individuals having a last known address of 315 North
Mountain Road, Newville, PA 17241.
3. On or about May 18, 2007, Defendants borrowed from and agreed to repay to
Members 1St NINETEEN THOUSAND ONE HUNDRED FIFTY-SEVEN
AND 501100 ($19,157.50) dollars (the "Loan"). The Loan is evidenced by a
Closed-End Note, Disclosure, Loan and Security Agreement dated May 18,
2007 (the "Note") executed and delivered to Members 1St by Defendants. A
copy of the Note is attached hereto as Exhibit "A" and made part hereof.
4. As security for the Loan, Defendants executed and delivered to Members 1St a
mortgage ("Mortgage") on all that certain real estate and improvements
erected thereon situate in Upper Frankford Township, Cumberland County,
Pennsylvania, known and numbered as 315 North Mountain Road, Newville,
PA 17241 (the "Property"). At all times relevant hereto, Defendants have been
and continue to be the record and sole owners of the Property. A description
of the Property is attached hereto as Exhibit "B" and made part hereof.
5. On or about June 14, 2007, the Mortgage was recorded in the Cumberland
County Recorder of Deeds Office at Mortgage Book 1995, Page 4755. A true
and correct copy of the Mortgage is attached hereto as Exhibit "B" and made
part hereof.
2
6. The Mortgage has never been assigned by Members 0 and is still held by it
as a valid and subsisting obligation of Defendants.
7. Pursuant to the terms and conditions of the Note, Defendants agreed to pay to
Members 1 st monthly installments of principal and interest in the amount of at
least $395.15 each, which monthly payments were subsequently adjusted to
$394.66 each., beginning on June 15, 2007 and continuing on or before the
15th of each month thereafter.
8. Defendants are in default of Defendants' obligations under the Note and the
Mortgage as a result of Defendants' failure to make the monthly payments due
to Plaintiff as set forth therein in the amount of $394.66 each for August
through December 2009 and January 2010 as more particularly described, in
part, in the Act 91 Notice attached hereto as exhibit "D" and made part hereof.
9. Members 1 St gave written notice of its intent to foreclose Pursuant to the Act
of January 30, 1974, P.L. 13, No. 6, 41 P. S. section 101, et. SeMc ., and in
particular section 403 thereof, and of Defendants' rights in accordance with
the Homeowners' Emergency Mortgage Assistance Act, Act of December 23,
1983, P.L. 385, No 91, 35 P.S. Section 1680.401(c), et. SeMc ., by letter dated
October 22, 2009, addressed to Defendants via certified mail, return receipt
requested. A copy of the said notice is attached hereto as Exhibit "D" and
made part hereof.
10. US Postal Track & Confirm statements evidencing the mailing of said Notices
are attached hereto as Exhibit "E" and made part hereof.
3
II
12.
13.
Simultaneously, Members 1st forwarded to Defendants the same Notices as
set forth in paragraph 10 above addressed to Defendants by United States
mail, first class, postage prepaid, bearing the return address of Members 1st
The Notices forwarded to Defendants in said manner have not been returned
to the offices of Members 1st as undeliverable or otherwise.
As of January, 22, 2010, Defendants are indebted to Members I st in the
amount of FOURTEEN THOUSAND SEVEN HUNDRED TWENTY-SIX
AND 71/100 ($14,726.71) dollars itemized as follows:
a. Outstanding principal $12,084.69
b. Interest to January 22, 2010 202.56
c. Late fees 39.46
d. Attorney's fees 2,400.00
e. Total due to Members 1 st as of 1/22/2010 $14,726.71
The above attorney's fees and expenses are estimated through sheriff sale and
are in accordance with Defendants' agreements as set forth in the underlying
Mortgage and the Note. If the Mortgage is reinstated prior to a Sheriff's Sale,
the attorney's fees and expenses set forth above may be less or more than the
amount demanded above based upon work actually performed. Defendants
will be responsible for actual reasonable legal fees incurred by Members 1st in
this matter subject to any limitation contained in the Note.
Defendants also agreed under the terms and conditions of the Note that in the
event of default there under Defendants would pay, in addition to the amounts
4
St CLOSI
NAME AND AODR
5000 Box 40 DALE DALE J E E MLET
Louise Drive, P.O
Mechanicsburg, iA 17055 315 N MOUNTAIN ROAD
DI/ 1 .
MEMBERS 1' Neyrifille. P 1
rea.4lurmaarr ACCOUNT NUMBER
PRINCIPAL AMOUNT
FIXED I I VARIARI F
ANNUAL PERCENTAGE FINANCE CH RGE: Amount Financed: The amount of Total of Payments: The amount
A
RATE: The cost of your credlt as a The dollar amount I
I
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.
8.74 % e $ 4.551.19 ° $ 19,157.50 e $ 23,708.59
Variable Rate: If your loan has a variable rate as Indicated above the Annu al Percentage Rate may increase during the term of this transaction d the (Index) changes. The
credit union will add a margin of to the index value. The tale w8 change m onthly on the fast day of the month. The rate will never be higher than me maximum rate allowed by
law, and it will never be less than . Any interesl rats Increases will result I p more payments of the same amount. For Example, d your loon was for $5.000 ¦1 15% for 49
months and the Annual Percentage Rate increased by 2% after one year. t he term of your loan would increase by two months
I
Preferred Rate; It checked, Ne following applies to your loan:
ff) Automatic Payment Discounted Rate: Because you have agreed to make your required monthly payments through an automatic deduction tmm your ChockinySavings
recount
your ANNUAL PERCENTAGE RATE has b
n d
o
d b
20Yi
The ANNUAL PERCENTAGE RATE di
t
l
d
,
ee
isc
un
y.
e
.
ose
sc
some In the ANNUAL PERCENTAGE RATE box is
the Automatic Payment Discounted Rate. This rate will Increase by.20% if you cease the automatic payment arrangement of fail to maintain sufficient funds in your account no
cover the automatic payments. In such a case, the effect of the kmrease will be to extend the term of your loan. For example, if your Autocratic Payment Discounted Rate is 10%
on a 35,000.001oan for 60 months and you cease the automatic payment Tngemanh, yew rate we increase to 10.20%, resulting in 1 additional payment.
Variable Rate PnM1md Loans. If your loan is a variable rats Ican and you
qua0ly ter a preferred rate
your preferred discount is taken at the time
ur loan
ou take wl
This
.
,
y
yo
.
Initial prefecntl ANNUAL PERCENTAGE RATE will then vary according to changes in the Index (as disclosed above). For example, if a variable rate loan's initial ANNUAL
PERCENTAGE RATE Is 12% at the time you take the icon, Vow Initial preferred ANNUAL PERCENTAGE RATE will be NIA%. Your initial prelerrod ANNUAL PERCENTAGE
RATE will then wry according to the Index, as disclosed in the 'Variable Rab" pmvtslon above.
Fixed RNs Preferred Loans. It your loan Is a fixed tell ban and you qualil Iw a preferred rate, your ANNUAL PERCENTAGE RATE will be the preferred ANNUAL
PERCENTAGE RATE disclosed above for as 1=9 as your preferred status mains in effect.
Number of Psymento Amount of Payments Payment Frequencir When Payments Are Due Property Insurance: You may obtain property
Your
15 Monthl
Be
59 $395
inni Insurance from anyone you want that Is acceptable to
the credit union. If
ou get the insurance from the
Payment
y -
g
.
soh.a4e ng 06115!2007 y
credit union you wi,I pay
will be. 1 $394.84 Final Due - On 05115!2012 $ NIA
security: Cclteteral securing other loans with the credit union the go ods or "party Other
will also secure this loan. You are giving a security interest in ? bang
your Mems and/or deposit In the croi union
and: x purchased. ? (Describe):
, MORTGAGE
Lets, Charge: If a payment is late by 10 days or more you will RegWmd D6 posK Balance: The Annual Percentage Rote doss Filing Fees,: Non-Filing Insurance:
be charged a late tee of 5% of your scheduled payment. not take into account yew requited deposit betsnce, If any. $ N/A $ N/A
pay off . You w pay a pensay,
': s auncyitwi.
hM yens
dVta aW prepaiym.ni rahntls and pe art. roroaymen. defoult. any rawr repaymeril in KA bons
INANCED $
AMO TI F
19,157.50 I
Amount
Paid to others on your behalf (Describe)
AMOUNT GIVEN TO YOU DIRECTLY $ 5,203.53 $"1•p1
$31659 To M"1n•'otaul•
To M-..Life $
$ To
T
AMOUNT PAID ON YOUR ACCOUNT '$
12,796.47
$
To
$
oma o
To
F
$ To S To
ee.
PREPAID FINANCE CHARGE $ 0.00 $9.00 To Ar.dsaviore $0.00 To Abed S.N. 1.
OTHER (Describe): 315 N MOUNTAIN ROAD. NEVWILLE PA 17"1241
You Pledge Shere3 I AMOUNT I ACCOUNT NU)ABER - - I AMOUNT - - l ACCOUNT NUMBER
and/or Deposits of $
You agree Out the terms and conditions In ate disclosure Vehement end the logn and security agreements located on page 2 of this document shall apply to this loan. It there is more
then one borrower, we agree that as the conditions of the loon and "curtly agreements governing this ban shall apply to troth jointly and severally. You acknowtadge that you have
received a copy of the ban and security agreements and disclosure statement. Co-signer: If you are signing as co-signer, you acknowledge receipt of the notice to co-signer
contained on page 2.
RR R' SI A UR DATE
-XI (SEAIf? J
AKE ? 'OTHER OWNER ? "CO-SIGNER DATE
X (SEAL)
? CO-MAKER ? 'OTHER OWNER ? ••CO-SIGNER DATE
X ' (SEAL)
CO- KER ??/•'OTM R OWNER "CO-SIGNER DATE
X /? • 7 G?i° .i (SEAL)131-7
CO-MAKER ? 'OTHER OWNER ? "CO-SIGNER DATE
X (SEAL)
? CO-MAKER ? 'OTHER OWNER O "CO-SIGNER DATE
X (SEAL)
•orHra ovaaa: Ater r.r....xw..s . m.rvr nnb.•.r IaI.. a.wr r . rwrv w rrsM w dw.e... J..s.ar a.e..wa.Ie. r.n. trw wrwr w..w.. err.. ,us•....nw.., ? ,,.r .MMr•4.• rnr •.. 4aA r nn4.nr,4, e,.r
snail, ,0,in ter . r.eaY kAwr1 M w •aMMn r r.l.k,•4 n 1M arwey Ap•w.rd. •eeil9aaq: tiara rIW. M .MN unit„ rimy w\ Yn,Mlr. p.ymw. nrwn ter purwwor en wry .,Y ?I ern, au. rte IM b.,, rIw
a..rarkr wbr M teak. w .hies Iw r You wrw •e,a,.r. •..aYW N rw.
APPLICATION F GROUP CREDIT INSURANCE
hvs>
n. (Appdx+bta 19 NO Im"w mwege Orgy) vga you a velar roe 70 on this arulsalsed Mainly data of you 1an7 / Li 0
2. (Appaeaae q WabN1y wwaW my) WN you be underage 70 en aw sd seulod maluI? "tYla a Your ban AND w Msse?N wwkkp D 3-F ? L.J ? 1F(fE-
wAala You IlOnne kd mace or praht Iw JO haws w man pr weak and have aw w w6rnslp Ion 70 toed w more be Wa date
In aedhbn, a yow Iverl exceeds f Ia,000.ep tM lollowlnp quptbn awn slw W answered M.Ner ts d•lemnlna allplslYy
3. der
ocarina ls.t hy0 mare. tee?Mv}} Wu b.w rrwN a wsw aI or seated Iw. crra It.n cluck Or °°rer a Y rlsry asesae, unite. y //??oJ 7
7 amt gar, AfqunOlmnwne Irenlowwy Syndlom• (AIpSI w AIDS R•Ylad Compb[ (AgLL??'ff ? ? ? ?
wY raw W kwwadta eboln wquse+aUOn. are caw b aw Wilt a my (our) krlo.tatlpe ant WNua my, w 1 enswr "NO' to W*Mion 1 or 2. we undrsland that this person is nix eagble ter keurrln and
my oo-epM?t?t or 1 enamor "Yn' b question p, era unanlarq VIM rra ilia slq?unMOe up te m crow nil exed•ap sL00.
Th•.11•Ce.a ore a my (our) hwwarlrat era W iha dale d Wa pp Any parson vine krwvAnYy and wan Yclant a
rbn sefrwit any InawMee comp*V of other person fan an ap Ilconon net Insurance
w nn•ncwt a c canWnbp any manetaly r.ls. kxomrRbn erneonc••b rat ma pwpo • w m4Nedlnp, InlomrNOn concemloy any lace material lhanto -.11-1-du ?nt Insurance ecL
vA11eh le a cdlns eM euq•ae wenpMaraen to avllsgnsl and aMl pen.lltae. oo nst Han • eppllaaeon Y an applicabta epw•• m blank. ThI. eppil..11.. will net be ..d In ..neap h NI applft.bl.
aerie .Pec•• here not been corr101atb, the dab1.1 h•a not npeW and eNW led epp3ealbn ant a IM appllcetlon Ase tea kurl wknsaad.
I 1
CREDIT INSURANCE APPLIED FOR: NOTE: ONLY ONE APPLICANT MAY APPLY FOR DISABILITY COVERAGE.
?X Yes ? No Single Credit Life Total Prei ium Q Yes ? No Credit Disabjlty Total Premium
? Yes Q No Joint Credit Life
hldicale which apphlcent(s): X? Applicant ? C.Apphcont $341.91 Indicate which applicant(s): ?X Applicant ? C-Applicant $ 815.59
you are .wad W", Lt. types of oeY•r wo ter which a throe I. kW-td on this s,..6 Iio,
BIRTH
DARY
NnG-9ed]9e.37 A ' Y e
/MHC-97.6200.37 USER-WORD F 43769 Rw. 1001 Exhibit "A 99
nneaota MuN.I G.mpani0a. Inc. Al npmr ?as.rved
I DALE J EMLET 1 1203513 130591601 10512312007 1
NAMED E BORROWER S)THE WORDS "CREDIT UNION" MEANS
LOAN AGREEMENT
For value received, you promise to pat, at
founts due. All payments shall be madg
tment on Page 1 of this document. YoU
aroe and c lal of payments shown on cabs
1ST FEDERAL CREDIT UNION. THE WORDS "YOU; "YOUR' AND 'YOURS' MEAN THOSE
SECURITY AGREEMENT
1, To secure Payment of this loan end
will Do maoe on the scnebualto due dales, and , if you nave qualified I
preferred rate that you continue to satisfy the conditions of Thal prefe
rate. If you fail 10 pay any Instalment by a time it Is due, you will pa)
additional Interest on the overdue amount.
Allocation of Payments and Additional Payments: Payments and
credits shall be applied in the following order: any amounts past due;
fees or charges owing, Including any insurance premiums; accrued in
or finance charges; outstanding principal. Payments made In addition
regularly scheduled payments shall be applied in the some order.
Preferred Rate: If you quallfv for a preferred rate 03 disclosed on psc
this document or in a separate preferred rate addendum, you underst
Iha1 you muss meet Iha conditions d18Cloaed to you In 1Ntlar to qua11N
preferred rate and must continue to meet those conditions in order (o
your preferred rate. If you fail to meet those conditions, your rate will
increase. thereby extending the terms of your loan. You promise to cc
making payments and to most all obllgalions under this Agreement et
you no longer receive the preferred role.
Late Chargest If you make a late pa rrenl, you agree to pay a late d
if one is disclosed on page 1 of this document.
Property Insurance: If you obtain a loan secured by a motor vehicle
other tangible property, you must obtain Insurance which protects the
union from financial loss. The amount and coverage of the property
insurance must be acceptable to the credit union. Such a policy must
provide at least fire, theft, combined additional covers as and colfisio
insurance. It must contain a Loss Payable clause enddreement namir
credit union as lion holder. You may obtain this insurance from any at
your choice and direct the agent to send the credit union a copy of flit
policy.
Debtor Responsibility: You promise to notify cfef it union of any chat
your name address or emplo
men/. You promise not to apply for a to
you know there Is a reasonable probabili that you will be unable to r
rour obligation according to the /arms of the credit extension. You prc
o inform credit union of any now information which relates to your abl
repay your obligation. You promise not to submit false or Inaccurate
Information or willfully conceal information regarding your creditworthi
credit standing, or credit capacity.
Default: You shelf be considered M default If any of the following ocel
r given an socurl y for this loon or for any
e credltxvlon wllr stun all amounts
now an n the utum. However. orooerty
oorrowers Pnncrpe roe ante (umese the pro o. sNSUOn notices era
glen and arty ollrer lepa retPrlremenp era salPanadt, or m nompurchsse
money houaeho d goo7a.
2. You will not change the location of, sell or transfer the collateral unless you have
the trod /I union's prior wnffen Conant
3. You warrant that you have ppod flee to the collateral, (roe of all security interests
exupt that OW4n to the credit union and except for any interest of a non-co-
placePiano. owner of the collateral who has signed the agreement In the indicated
.
4. You cop pay s8 taxes, assessments, and liens appMSl or attached to the properly
described and fulthsr ogres to keep We proper in Food condition, housed in a
suitable shelter. YYou agree to execute financing &to Smarts and security
agreement amendmemils at the credit union's request and will defend the proper
epstnst adverse mktt party chime
5. You will maintain Insurance to cover any vehicle or other property in which the
credit union has a security interest, This Insurance will be in a form lino an
amount satisfactory to the cradll union You will supply the credit union with prowl
of such insurance until as sums owed to credit union and secured by this
Property are repay O you fail to maintain such Insurance, credit union may but
s not mgwred o, obtain insurance of our own and add Ina cost of such 10 the
sums owed. This cost will bear Interest at the contract rate until pad, You further
assign to the credit union the right to receive the proceeds of any insurance on
such p Your and direG any insurer to pay those proceeds dnecot to credit
union. Aulhorize the credit union to endorse any check or dral provided as
the proceeds of such insurance, and apply those proceeds to the sums owed to
the credit union
You further authorise the credit union tp provide your Insurance Service Center
with the necessary information for verification of adequate coverage.
You acknowledge that insurance or an exwnsion thereof, placed by the credit
union is without bernfil to you individually but is primarily fur the protection of the
credit union.
Is. Should the yedil union feel at any time that the securi
%r avnLd has
dlrMnishad in value, or for any reason feel that additioearmy is required, you
agree to ssslpn ttpp credit union within ten (10) days whatever a 16 ilionai security
the credit union /eels Is necessary to protect the credit union against possible
logs.
7. If a dolmult as deflned in the Loan Agreement should occur, the credit union has
of
the
nl of
1)
Security Agreement; or (2) OYo u do trot We the money the credit union
loaned YYore for the Furppose staled in your application; or (3) if the credit
union ahouy, in good Teith, believe that prospeOf of iymant, performs ce
or realization of I cosalerel, If any, is Imps ratl; or g4) if YYore die; or (5) f
you file a peltlion In Dankruplccyy Insolvency or recehrorship or are put
mvolurnanlyInto such procotsdln s; or (8 I/the collateral, d any, given s
securityy for this account Is bat, amagge? or destroyed, a If it Is levied
against, attached or garnished; or {7)lf you do not pay on timeiany of y ur
other or future debts to the credit unran. If you default, the c= union ay,
at that credit Union 's option and without pdor notice, deciare this loan
mmsdialely due and payable, and you must immediatey pay to the ail Il
un'lon at that time the Total unpaid balance , es wall as the Finance Cha fie
to date, enV late charges and costs of collection permitted under law,
includingg reasonable attorney's fees. that the credit union may incur, up o
20% of Re unpaid principal and Interest. Costs of collection include, but are
not limited to, repossession fees, appraisals, environmental site
assessments, casualty damage insurance coveraagge and attorney's lees fm
any action taken by an attorney In order to cd . ctlhls loan or preserve. ¢r
protect the tied t union's rights and remedto including, without Irrt?laUon,
pre sWl demands for payment pre-suit mediation or aettlemenl
nilppot isbone, Inveatigalton aril( assessment of the credit/ unions' rights,
parlictpelfon in bankruptcy cases, matters. and proceedinggs (Including,
vnthoul Hmttalron, fllln proofs of dorm, purauing reaffirrtratton agreertenls,
atlend'rrg meetings of9credllors, end pursuing complalnls, motions, and
objections that relate in any way to the aedil union s collateral or right
tqq
P.Ymenq, collateral dieposdion, non-bankruptcy suits andlor sdmtrosuallve
st tons. and appeals. The o,,ncioal balance in dialed/ shall bear interesllat
the contract rate.
Statutory Lion: 11 you are in default, federal low gives the credit unie
right to apply the balance of shares and/or dividends in your account
the time o1 default to satisfy this loan. Once you are In default, the crl
union may exercise this right without further notice to you.
Delay In Enforcement: Credit Union may delay enforcing any of the
union rights under this agreement without losing them,
Irregular Payments: The credit union may accept late paymenls or
creel union rfallah rWuaritiis agr emyemni in full, without toeing any
Co-makers: If you are elpning this agreement as a co-maker, you ag
be equal)y responsible with the borrower, but the credit union may St.
either or both of you. The credit union does not have to notlN you thi
agreement has not been paid. The credit union may extend the term;
payment and release any security without notifying or releasing you I
responsibility on this agreement.
Contractual Pledge of Shares: You pledge all your Shares and depodts In the
credit union, including future additions, as security for this roan. In cars you
default. this credit union may apply these shares and deposits to the payment
of all sums due at the time of default, Including costs or eolleellon and
reasonable attorney's fees, that the credit union may Incur, uP W 20% of the
unpaid principal end Interest. No lion or right to Impress a Ilan on shores .Sol
deposits shall apply to any of your shares which may be held In an'Indlvhddil
Retirement Account" or "Keogh Plan." I
6100 2199
You are being asked to guaronles is debt. Think carefully before you d?. II the borrower doesn't pay the debt, you will have to. Be sure you can afford to
pay if you have to. and that you want to accept this teapot
sibillly.
You may have to pay up to the lull amount of the debt If the borrower dogs not pay. You may also have to pay late fees or collection costs, which increase this
amount.
The creditor can couact this debt from you without first trying to correct horn the borrower. The creditor can use the same collection methods against you that
can be used against the borrower, Such as suing you, parnishing your wages, etc. If this debt is ever In default, that fact may become a part of your credit
record. This notice is not the contract that makes you I able for I debt. I
F. 43759 1102
APPRO Systems, Int.. 224-1D711 Page 2 of 2
8, The Credit union is hereby appointed as your Adore 4n-Fact toperform en
secuAH nterrestywhh ich thhis agreement create* to protect Ors collslerel and tXe
9, if there is more than one bonower, your obligations under this agreement are
joint and several, each being equally responsible to fulfill the terms of this
agreement.
10. This security agreement not only binds you, but your executors, administrators,
heirs, and assigns.
ALL that certain tract of land situate in Upper Frankford Township, Cumberland County,
Pennsylvania, bounded and described in accordance with Final Subdivision Plan for Sylvester Z.
Baum and Mila M. Baum, prepared by Eugene Albert Hockensmith, Registered Professional
Land Surveyor, dated June 6, 1991, and revised on March 30, 1992 a copy of which was
recorded on October 14, 1992, in the hereinafter named Recorder's Office in Plan Book 65, Page
26, which Plan is incorporated herein by reference, as follows:
BEGINNNING at a railroad spike set in the original centerline of 33 feet wide Township
Road T-423 known as North Mountain Road at corner of Lot No. 1, thence from said railroad
spike at the Place of Beginning along said original centerline of 33 feet wide North Mountain
Road, the following two (2) courses and distances: (1) North 48 degrees 47 minutes 13 seconds
East a distance of 39.11 feet to a railroad spike; and (2) North 47 degrees 17 minutes 47 seconds
East a distance of 11.05 feet to a railroad spike at comer of land now or formerly of John Barnes
and wife which is Lot No. 2 on Plan recorded in Plan Book 32, Page 31; thence along line of said
land now or formerly of John Barnes and wife the following two (2) courses and distances: (1)
South 46 degrees 03 minutes 11 seconds East a distance of 386.26 feet to an existing iron pin;
and (2) North 44 degrees 07 minutes 18 seconds East a distance of 129.88 feet to an existing iron
pin at corner common to said land now or formerly of John Barnes and wife and land now or
formerly of Michael D. Hansen and wife and Lot No. 1; thence along line of said Lot No. 1 the
following two (2) courses and distances: (1) South 45 degrees 52 minutes 42 seconds East a
distance of 43.00 feet to a point; and (2) South 67 degrees 14 minutes 19 seconds East a distance
of 186.11 feet to a point at corner common to said Lot No. 1 and Lot No. 12 and Lot No. 13;
thence along the dividing line between said Lots Nos. 12 and 13, South 43 degrees 56 minutes 49
seconds East a distance of 247 feet to a point in line of Lot No. 1 which is on a line parallel to
and 50 feet northeastwardly from the northeastern line of Lot No. 2; thence along the dividing
line between Lots Nos. 1 and 12 by a line parallel to and 50 feet northeastwardly from the
northeast line of Lot No. 2, North 46 degrees 03 minutes 11 seconds West a distance of 607.13
feet to a railroad spike set in the original centerline of 33 feet wide Township Road T-423 known
as North Mountain Road. at the Place of BEGINNING.
THE ABOVE DESCRIBED TRACT of land is all of Lot No. 12 as shown on said
Final Subdivision Plan recorded in Plan Book 65, Page 26, and contains an area of 1.4471 acres,
exclusive of the dedicated right of way of Township Road T423 known as North Mountain
Road.
THE 50 feet wide private right-of-way designated "Victory Drive" shown on said
Subdivision Plan recorded in Plan Book 65, Page 26, extending from Township Road T-423
known as North Mountain Road between Lots Nos. 1 and 2 on the southwest and Lots Nos. 12
and 13 on the northeast, which private right-of-way extends a distance of 1028 feet, more or less,
to the easternmost tip of Lot No. 13, is for the exclusive use only of the owners and occupiers of
Lots Nos. 1 and 13 as shown on said Plan, and their respective heirs and assigns. The expense of
maintaining said 50 feet wide private right-of-way shown as Victory Drive shall be borne one-
half (1/2) by the owners of said Lot No. I and the other one-half (1/2) by the owners of said Lot
No. 13, and their respective hens and assigns. It is understood that Lot No. 1 may be subdivided
at various times and that each time such subdivision occurs the division of expense for
maintaining said 50 feet wide private right-of-way shown as Victory Drive shall be equally
divided among the number of lots whose owners have the right to use said private right-of-way.
The owners of any lot having the right to use said private right-of-way shown as Victory Drive
shall at any time have the right to dedicate Victory Drive as a public township road.
Exhibit "B"
THE ABOVE-described Lot No. 12 is conveyed under and subject, nevertheless, to the
following building and use restrictions which shall be binding upon the above-described Lot No.
12 only and shall not be deemed binding on other land of Sylvester Z. Baum and wife, with
which building and use restrictions the within Grantee, her heirs and assigns, by the acceptance
of this deed, agrees to comply:
1. This lot of land shall be used for residential purposes only. No business,
commercial, or industrial uses whatsoever shall be permitted on this lot except as what may
qualify as home occupation pursuant to zoning regulations of Upper Frankford Township.
2. Only one single family residence and accessory buildings may be erected on this
lot of land.
3. No mobile home or factory-built structure of a style or type of construction of a
mobile home or similar structure shall be constructed, placed or maintained on this lot of land at
any time for any purpose whatsoever.
4. No wrecked vehicle and no salvaging or dismantling of any vehicle and no
unlicensed vehicle shall be permitted on this lot of land at any time unless the same is done or
stored inside a building.
5. All plans and specifications for any purposed building or addition to any existing
building which is to be erected on the above-described lot of land shall be submitted to Sylvester
Z. Baum or his nominee for approval as the location on the lot and for approval as to size, style
or type or architecture and materials to be used. No constriction shall begin until approval has
been given, which approval shall not be unreasonable withheld and will be based in part on the
conformity of any proposed building or addition with the size and style and types of existing
buildings in the area, general character of the area, and commonly accepted building standards
and practices. Approval or disapproval shall be given in writing within thirty (30) days from the
date of submission of plans and specifications. This requirement for approval of plans and
specifications shall continue so long as Sylvester Z. Baum shall live and at his death this
requirement shall end.
Being the same premises which Carol L. Chilenski and Roger E. Chilenski by their deed dated
January 17, 2007 and recorded in the Cumberland County Recorder of Deeds Office at Deed
Book 278, Page 2251 granted and conveyed onto Elaine V. Emlet and Dale J. Emlet.
Improved with a dwelling known and numbered as 315 North Mountain Road, Newville, PA
17241.
Sling Tax P4c6l No.: 43-040387-093
?ot-) Ij
Prepared By: Members 1 st FCU
5000 Louise Drive
Mechanicsburg, PA 17055
When recorded mail to:
FIRST AMERICAN TITLE INSURANCE
LENDERS ADVANTAGE
1100 SUPERIOR AVENUE, SUITE 200
CLEVELAND, OHIO 44114
ATTN. FT1120
2007 JUN 14 AN 11 57
MORTGAGE
Made 05/18/2007 ,
Between 2
ELAINE V EMLET AND DALE J EMLET
(hereinafter called "Mortgagor")
And
MEMBERS IST 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
$ 19,157.50 , 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 UPPER FRANKFORD
TOWNSHIP Cumberland County, Pennsylvania
SEE EXHIBIT "A"
which currently has the address of 315 N MOUNTAIN ROAD
[Street]
Newville, Pennsylvania 17241
[City] [Zip Code]
++?? '^
Acct No AppID 20351301
Page t of 4
Exhibit "C"
B?! ! 995PG?-: 155
Together with the buildings and improvements erected thereon, the appurtenances thereunto
belonging and the reversions, remainders, rents, issues and profits thereof.
To Have and To Hold the same unto Mortgagee, its successors and assigns, forever.
Provided, However, That if Mortgagor shall pay to Mortgagee the aforesaid debt or principal sum,
including additional loans or advances and all other sums payable by Mortgagor to Mortgagee hereunder
and under the terms of the Note, together with interest thereon, and shall keep and perform each of the
other covenants, conditions and agreements hereinafter set forth, then this Mortgage and the estate hereby
granted and conveyed shall become void.
This Mortgage is executed and delivered subject to the following covenants, conditions and
agreements:
(1) The Note secured hereby shall evidence and this Mortgage shall cover and be security for any
future loans or advances that may be made by Mortgagee to Mortgagor at any time or times hereafter and
intended by Mortgagor and Mortgagee to be so evidenced and secured, and such loans and advances shall
be added to the principal debt.
(2) From time to time until said debt and interest are fully paid, Mortgagor shall: (a) pay and
discharge, when and as the same shall become due and payable, all taxes, assessments, sewer and water
rents, and all other charges and claims assessed or levied from time to time by any lawful authority upon
any part of the mortgaged premises and which shall or might have priority in lien or payment to the debt
secured hereby, (b) pay all ground rents reserved from the mortgaged premises and pay and discharge all
mechanics' liens which may be filed against said premises and which shall or might have priority in lien
or payment to the debt secured hereby, (c) pay and discharge any documentary stamp or other tax,
including interest and penalties thereon, if any, now or hereafter becoming payable on the Note
evidencing the debt secured hereby, (d) provide, renew and keep alive by paying the necessary premiums
and charges thereon such policies of hazard and liability insurance as Mortgagee may from time to time
require upon the buildings and improvements now or hereafter erected upon the mortgaged premises,
with loss payable clauses in favor of Mortgagor and Mortgagee as their respective interests may appear,
and (e) promptly submit to Mortgagee evidence of the due and punctual payment of all the foregoing
charges; provided, however, that Mortgagee may at its option require that sums sufficient to discharge
the foregoing charges be paid in installments to Mortgagee.
(3) Mortgagor shall maintain all buildings and improvements subject to this Mortgage in good and
substantial repair, as determined by Mortgagee. Mortgagee shall have the right to enter upon the
mortgaged premises at any reasonable hour for the purpose of inspecting the order, condition and repair
of the buildings and improvements erected thereon.
Acct No AppID 20351301
Page 2 of 4
BK 1 995PG4756
(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 AppID 20351301
Page 3 of 4
BKI995PG{757
I Certify t..Ilis to be recorded
in Cumberland County PA
o cy
Recorder of
Deeds
Witness the due execution hereof the day and year fi st above written.
ELAINEN E ET
DALE J E ET
Commonwealth of Pennsylvania
? ss:
County of C -I&I -b'e' ?--2 )
On this the day of /nc< 2007 before me,
S?sart V'(by the undersigned officer, personally appeared
ELAINE Y EMLET AND DALE J EMLET
satisfactorily proven to me to be the person(s) whose name(s) is/are subscribed to the within Mortgage, and
acknowledged that he/she executed the same for the purposes therein contained.
In Witness Whereof, I hereunto set my hand and official seal.
AI'D S63
My commission expires:
Notarial Seal -
Susan Kirby Rosfs, Notary Pubic
HwnPden Twp., Cw barland County
My Lion E)OM June 21, 2007
9f"Mr, FW MA Ne Assodetion of Notaries
Certificate of Residence of Mortgagee
Members 1ST Federal Credit Union, Mortgagee within named, hereby certifies that its residence
is 5000 Louise Drive, Mechanicsburg, PA 17055.
By
Acct No AppID 20351301 Page 4 of 4
BK 19 9 - PGL 11 7 58
EXHIBIT "A"
LEGAL DESCRIPTION
A PARCEL OF LAND SITUATED IN THE STATE OF PENNSYLVANIA, COUNTY OF
CUMBERLAND, WITH A STREET LOCATION ADDRESS OF 315 N MOUNTAIN RD;
NEWVILLE, PA 17241-9731 CURRENTLY OWNED BY DALE J. EMLET AND
ELAINE V. EMLET HAVING A TAX IDENTIFICATION NUMBER OF
04-0387-0093-0000000-43 AND BEING THE SAME PROPERTY MORE FULLY
DESCRIBED IN BOOK/PAGE OR DOCUMENT NUMBER 111-353 AND FURTHER
DESCRIBED AS LOT 12 PE 65 PG 26.
04-0387-0093-0000000-43
315 N MOUNTAIN RD; NEWVILLE, PA 17241-9731
1112121018113711411111 EMLET PA
203513
33208115/f/or FIRST AMERICAN LENDERS ADVANTAGE
MORTGAGE
111111111111111111111111111111111111111111111111111
8K I Qj95PGLt759
(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 intends to
foreclose. Suecific information about the nature of the default is provided in the attached pages.
The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAPI
may be able to help to save your home This Notice explains how the program works.
To see if HEMAP can MR. you must MEET WITH A CONSUMER CREDIT COUNSELING
AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE Take this Notice with you
when you meet with the Counseling Agency.
The name, address and phone number of Consumer Credit Counseling Agencies serving your
County are listed at the end of this Notice If you have any questions you may call the
Pennsylvania Housing Finance Agency toll free at 1-800-342-2397 (Persons with impaired
hearing can call (717 780-1869.
This Notice contains important legal information. If you have any questions, representatives at
the Consumer Credit Counseling Agency may be able to help explain it. You may also want to
contact an attorney in your area. The local bar association may be able to help you find a lawyer.
LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO
A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA
NOTIFICACION OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO ESTA
AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO
MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA
LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL
PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA.
Exhibit "D"
HOMEOWNER'S NAME(S): ELAINE V EMLET
DALE J EMLET
PROPERTY ADDRESS: 315 N MOUNTAIN ROAD
NEWVILLE, PA 17241
LOAN ACCT. NO.: 306345 - 01
ORIGINAL LENDER: Members a Federal Credit Union
CURRENT LENDER/SERVICER: Members I" Federal Credit Union
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY B ELIGIBLE FOR FINANCIAL ASSISTANCE
WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND
HELP YOU MAKE FUTURE MORTGAGE PAYMENT
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 FORFC'I.OSURF -- 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 MEF,TING MUST OCCUR WITHIN T14IRTV THR F (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 .O INSET IN A TFNCI
F -- 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 MORT A ASSISTANCE -- Your mortgage is in default for the reasons set forth later in this
Notice (see following pages for specific; information about the nature of your default.) You have the right to apply for
financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign
and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer
credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications
for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance
Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA
and received within thirty (30) days of your face-to-face meeting with the counseling agency
YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A
COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION
WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM
STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED
"TEMPORARY STAY OF FORECLOSURE".
YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE
APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR
APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE
STOPPED.
Page 2 of 5
AGENCY ACTION, -- Available funds for emergency mortgage assistance are very limited. They will be disbursed by
the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60)
days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued
against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania
Housing Finance Agency of its decision on your application.
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE
FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE
CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT.
(If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.)
HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date.
NATURE OF THE, DEFAULT --The MORTGAGE debt held by the above lender on your property located at:
315 N MOUNTAIN ROAD
NEWVILLE, PA 17241
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:
$394.66 for 8/15/2009 %394.66 for 9/122009 and $394.66 for 10/15/2009
Other charges (explain/itemize):
TOTAL AMOUNT PAST DUE: $1,183.98
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 $ 1,183.98
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• Jennifer Perry
5000 Louise Drive
Mechanicsbure, 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 CUR F THE DF.FAULIC--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 proms.
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 rind you will
not be required to gav attorney's 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 paying the total amount then past
due, plus any late or other charges then due reasonable attorney's fees and costs connected with the foreclosure sale and
any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other
requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your
mortgage to the same position as if you had never defaulted.
EARLIEST POSSIBLE SHERIFF'S SALE DATE -- It is estimated that the earliest date that such a Sheriffs Sale of
the mortgaged property could be held would be approximately Three (3) months from the date of this Notice. A
notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the
default will increase the longer you wait. You may find out at any time exactly what the required payment or action will
be by contacting the lender.
Name of Lender: Members 1' Federal Credit Union
Address: 5000 Louise Drive
Mechanicsburg. PA 17055
Phone Number: (7171 506_54 .q nr rftnni 283-2329 t 5429
Fax Number: (717) 795-5207
Contact Person: Jennifer Perr+,
E-Maid Address: Uerrvjnmembers1st ore
_EFFECT OF SHERIFF'. SALE ' -- You should realize that a Sheriffs Sale will end your ownership of the mortgaged
property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove
you and your furnishings and other belongings could be started by the lender at any time.
ASSUMPTION OF MORTGAGE -- You may or XX may not (CHECK ONE) sell or transfer your home to a
buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's
fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied.
Page 4 of 5
YOU MAY ALSO HAVE THE RIGHT:
• TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW
MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT.
• TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF.
• TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED,
IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT
MORE THAN THREE TIMES IN ANY CALENDAR YEAR.)
• TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY
OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS,
• TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE
LENDER.
• TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY
(Fill in a list of all Counseling Agencies listed in Annendix C FOR THE COUNTY in which the RrWer is
located, using additional gages if necessary).
Certified Mail # 91 7108 2133 3936 9750 0179
Page 5 of 5
YOU MAY ALSO HAVE THE HT•
• TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW
MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT.
• TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF.
• TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED,
IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT
MORE THAN THREE TIMES IN ANY CALENDAR YEAR.)
• TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY
OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS,
• TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE
LENDER.
• TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY
X711 in a list of all Counseling Agencies listed in Aggendix C FOR THE Co INTY in which the groerty is
located. using additional p?gg,?if nececsaa).
Certified Mail # 91 7108 2133 3936 9750 0162
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
Servicemembers on "active duty" or "active service," or a dependent of such a
servicemember may be entitled to certain legal protections and debt relief pursuant to the
Servicemembers Civil Relief Act (50 USC App. §§ 501-596) (SCRA).
Who May Be Entitled to Legal Protections Linder the SCRA?
Active duty members of the Army, Navy, Air Force, Marine Corps, Coast Guard,
and active service National Guard;
• Active service members of the commissioned corps of the National Oceanic and
Atmospheric Administration;
Active service members of the commissioned corps of the Public Health Service;
• United States citizens serving with the armed forces of a nation with which the United
States is allied in the prosecution of a war or military action; and
Their spouses.
What Legal Protections Are Servicememberc Entitled To Under the scgA?
The SCRA states that a debt incurred by a servicemember, or servicemember and spouse
jointly, prior to entering military service shall not bear interest at a rate above 6 percent
during the period of military service.
The SCRA states that in a legal action to enforce a debt against real estate that is filed
during, or within 90 days after the servicemember's military service, a court may stop the
proceedings for a period of time, or adjust the debt. In addition, the sale, foreclosure, or
seizure of real estate shall not be valid if it occurs during, or within 90 days after the
servicemember's military service unless the creditor has obtained a court order approving the
sale, foreclosure, or seizure of the real estate.
The SCRA contains many other protections besides those applicable to home loans.
How Does A servicemember or Dependent Request Relief Under the RA?
• In order to request relief under the SCRA, a servicemember or spouse, or both, must
provide a written request to the lender, together with a copy of servicemember's military
orders. The Lender providing this Notice is Members I` Federal Credit Union, ATTN:
Arlanda Dintaman, 5000 Louise Drive, Mechanicsburg, Pennsylvania, 17055. The
phone number is toll free (800) 283-2328.
How Does a ervicememb r or Dependent Obtain Information Abort the SCRA?
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://Iegalassistance.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 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
USPS - Track & Confirm
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Your item was delivered at 11:35 AM on October 23, 2009 in NEWVILLE,
PA 17241.
Detailed Results:
• Delivered, October 23, 2009,11:36 am, NEWVILLE, PA 17241
• Arrival at Unit, October 23, 2009, 8:21 am, NEWVILLE, PA 17241
• Electronic Shipping Info Received, October 22, 2009
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1/8/2010
MEMBERS I IT FEDERAL
CREDIT UNION
PLAINTIFF
Vs.
DALE J. EMLET and
ELAINE V. EMLET
DEFENDANTS
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
. NO..
CIVIL ACTION-LAW-MORTGAGE
:FORECLOSURE
VERIFICATION
I, Arlanda Dintaman, Collateral Liquidation Specialist for Members I" Federal
Credit Union, being authorized to do so on behalf of Members Is' 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 Is' Federal Credit Union
By: r?' zfZkn M fr-
Arlanda Dintaman, Collateral
Liquidation Specialist
6
SHERIFF'S OFFICE OF CUM~~ , ;,'~r',.i,, a~NTY
Ronny R Anderson Z~ ~,~ ~~~ ~ ~~jj pF ~,
Sh@rlff ~~~,ti~y, c,1 ~.iuuf,t~„~~~~~ LG Ht i ~~ ~¢
Jody S Smith ~ ~
Chief Deputy ~~~" '_ `'~` '~ ~+~~~`
C'Ci, ,~-~~1i ,Y ;,
_~~
Edward L Schorpp
Solicitor ~'~
Members 1st FCU Case Number
vs. 2010-1006
Dale J. Emlet
SHERIFF'S RETURN OF SERVICE
02/16/2010 06:55 PM -Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on February 16
2010 at 1855 hours, he served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: Dale J. Emlet, by making known unto himself personally, at 315 North Mountain Road,
Newville, Cumberland County, Pennsylvania 17241 its contents and at the same time handing to him
personally the said true and correct copy of the same.
02/16/2010 06:55 PM -Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on February 16
2010 at 1855 hours, he served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: Elaine V. Emlet, by making known unto herself personally, at 315 North Mountain Road,
Newville, Cumberland County, Pennsylvania 17241 its contents and at the same time handing to her
personally the said true and correct copy of the same.
SHERIFF COST: $55.24
February 17, 2010
SO ANSWERS,
O Y R ANDERSON, SHERIFF
By i
Deputy h2riff
d GcwiiyS..aitr Shen`F. Teieoso+i. Inr,.