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HomeMy WebLinkAbout10-2068ET THE PROIT'C`)TARY 2010 MAR 24 Pii 1: 2 'vial" Karl A Ledebohm, Esquire P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 MEMBERS 1sT FEDERAL CREDIT UNION PLAINTIFF Vs. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA NO. R) - a acn8 C?V I t -Fer m : CIVIL ACTION - LAW TAMMY L. HOLMAN DEFENDANT MORTGAGE FORECLOSURE NOTICE TO DEFEND AND CLAIM RIGHTS THIS LAW OFFICE IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claims or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION O ABOUT HIRING A LAWYER. $Ra.oo PA 0ri ae 3to acs all ag401 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 objections 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 INMEDLATAMENTE. SI USTED NO TIENE O CONOCES UN ABOGADO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SU PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717)249-3166 OR (800)990-9108 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. SECTION 1692 et seq.(1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THE THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUESTS US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. Karl M. Ledebohm, Esq. P.O. Box 173 New Cumberland, PA 17070 (717)938-6929 MEMBERS 1sT FEDERAL IN THE COURT OF COMMON PLEAS CREDIT UNION CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF Vs. NO.: TAMMY L. HOLMAN DEFENDANT : CIVIL ACTION-LAW : MORTGAGE FORECLOSURE COMPLAINT AND NOW, comes Members 1 sc 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 Plaintiff, Members 1St Federal Credit Union ("Members 1 sr), is a National Federal Credit Union having a principal address of 5000 Louise Drive, Mechanicsburg, PA 17055. 2. Tammy L. Holman, ("Defendant"), is an adult individual having a last known address of 225 Walton Street, Lemoyne, PA 17043. 3. On or about July 25, 2006, Defendant borrowed from and agreed to repay to Members I" FORTY-FOUR THOUSAND SEVEN HUNDRED AND 00/100 ($44,700.00) dollars (the "Loan"). The Loan is evidenced by a Closed-End Note, Disclosure, Loan and Security Agreement dated July 25, 2006 (the "Note") executed and delivered to Members 1St by Defendant. A copy of the Note is attached hereto as Exhibit "A" and made part hereof. 4. As security for the Loan, Defendant executed and delivered to Members 1St a mortgage ("Mortgage") also dated July 25, 2006, on all that certain real estate and improvements erected thereon situate in the Borough of Lemoyne, Cumberland County, Pennsylvania, known and numbered as 225 Walton Street, Lemoyne, PA 17043 (the "Property"). At all times relevant hereto, Defendant has been and continues to be the record and sole owner of the Property. A description of the Property is attached hereto as Exhibit "B" and made part hereof. 5. On or about August 10, 2006, the Mortgage was recorded in the Cumberland County Recorder of Deeds Office at Mortgage Book 1961, Page 4670. A true and correct copy of the Mortgage is attached hereto as Exhibit "C" and made part hereof. 2 6. The Note and the Mortgage have never been assigned by Members 1St and remain held by it as a valid and subsisting obligation of Defendant. 7. Pursuant to the terms and conditions of the Note, Defendant agreed to pay to Members 1 st monthly installments of principal and interest in the amount of at least $511.51 each, which amount was subsequently adjusted to $510.86 each, beginning on September 16, 2006 and continuing on or before the 16th of each month thereafter. 8. Defendant is in default of Defendant's obligations under the Note as a result of Defendant's failure to make the monthly payments due to Plaintiff as set forth in the Note in the amount of $510.86 each for the months of November and December, 2009, and January through March, 2010, as set forth in the Note and as more particularly set forth and described, in part, in the Act 91 Notice attached hereto as Exhibit "D" and made part hereof. 9. Members 1St gave written notice of its intent to foreclose Pursuant to the Act of January 30, 1974, P.L. 13, No. 6, 41 P.S. section 101, et. M., and in particular section 403 thereof, and of Defendant's rights in accordance with the Homeowners' Emergency Mortgage Assistance Act, Act of December 23, 1983, P.L. 385, No 91, 35 P.S. Section 1680.401(c), et. seg by letter dated January 20, 2010, addressed to Defendant via certified mail, return receipt requested. A copy of the said notice is attached hereto as Exhibit "D" and made part hereof. 10. A copy of the electronic tracking confirmation evidencing the mailing of said Notice(s) is attached hereto as Exhibit "B" and made part hereof. 3 11. 12. Simultaneously, Members 1St forwarded to Defendant the same Notices as set forth in paragraph 9 above addressed to Defendant by United States mail, first class, postage prepaid, bearing the return address of Members 1 st. The Notice(s) forwarded to Defendant in said manner have not been returned to the offices of Members 1St as undeliverable or otherwise. As of March 22, 2010, Defendant is indebted to Members 1St in the amount of FORTY-EIGHT THOUSAND TWO HUNDRED THIRTY-EIGHT and 75/100 ($48,238.75) dollars itemized as follows: a. Outstanding principal $44,178.95 b. Interest to March 22, 2010 1,534.26 c. Late fees 25.54 d. Attorney fees 2,500.00 e. Total due to Members 1St as of 3/22/2010 $48,238.75 13 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. Defendant(s) will be responsible for actual reasonable legal fees incurred by Members 1 st in this matter subject to any limitation contained in the Note, if any. Defendant also agreed under the terms and conditions of the Mortgage that in the event of default there under Defendant would pay, in addition to the 4 amounts set forth in paragraph 12 above, costs incurred by Members 1 St as a result of the institution of these legal proceedings. 14. The obligation owed to Members 1St continues to accrue interest at the rate of $15.1177 per day, through the date of payment and continues to accrue late charges and attorney's fees. 15. As set forth above, Members 1St has made demand upon Defendant to cure the default under the Mortgage and the Note. However, as of the date hereof, Defendant continues to fail and refuse to cure the default. WHEREFORE, Plaintiff, Members 1St Federal Credit Union, demands judgment against Defendant, TAMMY L. HOLMAN, in the amount of FORTY-EIGHT THOUSAND TWO HUNDRED THIRTY-EIGHT and 75/100 ($48,238.75) DOLLARS plus interest at the rate of $15.1177 per day, through the date of judgment entered on this complaint and at the legal rate thereafter until the date of payment, additional legal fees and costs of suit and for foreclosure and sale of the mortgaged property. Date: ?10 Respectfully submitted, K &l M. Ledebohm, Esq. upreme Court ID # : 59012 P.O. Box 1 73 New Cumberland, PA 17070-0173 (717)938-6929 Attorney for Plaintiff St CLOSED. 5000 Louise Drive, P.O. Box 40 Mechanicsburg, PA 17055 FTAMM WER'a NAME AND ADDRESS Y L HOLMAN W ALTON ST uN` PA 17043 PRINCIPAL AMoVNT -••_°`°•'° -. _ LX.) FIXED U VARIAaLE - ? ANNUAL PERCENTAGE FINANCE CHARGE: Amount Financed: The amount of Total of Payments: The amount RATE: The coat of your credit as a The dollar amount the Credit Will -oil Provided to you or on your YOU Will have paid after you have yearly rate. ' Cost you. behalf. made as payments as scheduled. 12.49 ?. . $ 78,057.51 • $ 44,700.00 $ 122,757.51 If above the A..., le will change _.INy ann the e R.I. may NInamosm o mom awrin - low, an, first Variable unlon war cod P loon has to the index evaNO. Th. s Thg the cars terwill mw I bo hi transaction n the ma um role allowed by ! then e in moth and the Mewl Pe centage Rata iInterest ncreased lby 2%afte one! Ithe term Ofymens of the ume I ..&. p. For EXampb, i1 your loan was for $5.000 el IS% Ipr 48 Ye? your ben would ld irlcrnse by two month, P I.md Rate; 11 Checked, the loop winp applbs To yaw loan: Automatic Payment Discounted Recd: Became you have spread ro make your ngWM monlM aunt, your ANNUAL PERCENTAGE RATE has been dlscounled y P+Y^I° dil uNough an Swomeac deduc ion from your Checkinyspvinp. c Dy .20%. TIN ANNUAL PERCENTAGE RATE ditclo9 d above m Ina ANNUAL PERCENTAGE RATE bas is if* u AulorMUo Payment Dbwunled Rate, This role will incruse by .20% Y you out the awomWc payment ananpertlenl r loll la rMinbin wfacNnl funds in Your account to cover lie eulornatic payments. In Such a use, Into eNecl of the increase will be b eMdnd aN term of your Ian. For eXemp e 9 your AUIOrMYC Payment Discounted Rai. is 10% an o 55,000.00 ban for 00 nwnpu antl you pose No Sulornslk payment arn1X)emein, you role wNl rease u 10.20%, rysWbnp In I atltleonal payment.. le RaN pnbmtl Leans. If your loan b a vanaWe nb Ican end you gmMy br to pnlerrad rate, yaw Prelertetl tllsWUm Is liken at the time you lake Sul your ban. TNs P Ff prened ANNUAL PERCENTAGE RATE win stun very acoorI'm Var bb le to Ulanpn h Ina Index lea Qscbsed ebowJ. For Pxampe, N a variable nb loan's initial ANNUAL PERCENTAGE RATE N IZ% el Ne Irma You lake Ne loan, your in8u1 fare/ nad ANNl1AL PERCENTAGE RATE If b• NM%. You! iregal prelsned ANNUAL PERCENTAGE fl ed R is PnNlnd Lam Illeyourllwn Is s fts Q nle Ipn arM pre'aaad youbpu aw a visi cv. PERCENTAGE RATE di....ad abovetor esI Yy lo?aremainsprocat r MadU cab. or ANNUAL pERCENTjAGE RATE will be the preferred ANNUAL . p w ps d, Number .,p ..... Amount or Payment. pay"Nnl F,-.-- When Payments An Dus Property Insurance: YOU May Obtain pro rty y°0f it Mo insuraln® from anyone you Want that is acceptable to P,ym.nl 239 511.51 nthly - Beginning 0.116/2006 the vadh union. If Ou stll•duI the credit union gel the insurance from The not : 1 5508 .IS 22 Final Due . On 08/18/2026 crdit you Pay --------------- $ N/A Security: Celletwsl sewrinp lil vNar loans with the credit canton the goods or properly We aNo sscwe t ban. You era 91MO a s"Udly Interest In ? being purchased . Oyer your thane and/or deposit in the credit union, and: X ?(Descab ): MORTGAGE LatehaChai r; II p payment ilate by 10 days amom you wla Required Deposit Balance: The Mnual Perpmapa Rate Cons Fliing Fees: Nan-FUinp Inwr¦nc¦: be crge a Mle be cal 4p r your scheduled payment. not take into .ovum °p•y"""' , yev n le Inv . e.• Your requr•d deposit balance. TI any, $ WA $ WA MMVUnJ rINANGED $ AMOUNT GIVEN TO YOU DIRECTLY $ MOUNT PAID ON YOUR ACCOUNT$ 44.700,00 5,513.46 2,171. 23 Amount Paid b others ?yo-hall (Describe) t1god To M$ 50.00 'for Mi $4.•1531 $ O CN$ T To To PREPAID FINANCE CHARGE $ D.DD $7'0u0go To G$o.v $3 To Ailed semY«,• $ 70 To Fan. To Ask. a.UPoM OTHER (Describe): 225 WALTON ST and/or Deposits Or I S -. I ^wvvnl nvmptN I AMOUNT ACCOUNT NUMBER $ y u pre Nut Ne lemis nd c ndlearm in the dbdore statement and Yfe loan and ¦„dry ap anent loured on Na on copy Of' rn apneNat aN the candtlbns ofwthe ban and security agreements P-20 2 01 Uus of "W ffX, N shay apply to rids .an II tharp It more revived a copy of Na lawn and sawnry agreements and disclosure statement. C" nu Iwmmp Ihis loan stunt apply b DoN pfntly and seversly you eckrloaMetlpe that you have conbinatl on papa 2. g you era agninp y co-signer, You acknowledge receipt of the notice Ica co-signer 80 'S SIGNATURE DATF CO-MAKER X _ (SEAL) rr ?'OTHE OWNER -CO-SIGNER DATE z'u d X (SEAL( CO MAKER ? 'OT R OWNER ? ••CO•SIGNER GATE ? CO-MAKER ? •OWNER OWNER ? -CO-SIGNER DATE X (SEAL) (SEAL( ? CO-MAKER X ? TH OWNER ? ••GOSIGNER DATE X (SEAL) ? CO-MAKER ? .OTHER OWNER ? "CO-SIGNER DATE X (SEAL) 'or.e• owNaa: Ap ar..n Sul. n.. w•p.i. k•wl1«Mr ua ee. 1w1.4. 1....41 h rM.lrw •.rwo.e r,•w eon. lure. rM «•. ew.w, v MII rnNn......u,rli Mw..NM SrN«r««•MN,a•a,«.¦alr. Nrw,l. ^COYeN¦M U..n •MrA MUwal rnb. nb.•a•.ywee.,,Y ?.YIp«M «rW IMdN. lrl rr«w4e.?NUl pr.Ne, Susie.. W ^ub NMAkA w..I. wW eM4ww M.alq N le. .w.?l liwnMUr. alr4wrd a.. ew W w b ««4! .n• •I.w.. •v..4.IM lu.r, rl. I .4,• nampva.y -a Md•I the 1..., and Mel aYignM ,rd puMMw, w• nw .Spay M ruulerudr I (w1 may I'maul. d it arry Bryn. I Iw) vntlmNnd Nei K re.er.q. N the Lreeb rd TM raowMp quuUene, 1 . 7. meal b emwne m wumda mil feu 1°„1 N• wwaPP? N . vre un d•ssl?Wryler N•rnn.r. A!?ucANT py- 1. IA/oaFMN 1• it. In.lx• av.np• any) VAS rest b unar,p• 7p a Ne.µaWlrp ra OeN « ` ' E N 2. (APPINW N dub%-&W -,%) Worse be undw "nNr Yeur bang I?X el«a Yo h-I.rw •p•70ek•nN••ahWul,tl 14r-4i raWnNbNNnrewb«I ANDMyyooupnu? Npkinp ore. or M iowe a morn par Mer. ban ae wrebp W 70 care w ream bebn IN d¦NT I-- dtlilNn, Ilyw l.,ne.a.d.3 prou,epD.00 NN IO11oMne ....film ,Mmu.,MI..be--.d M.rear b tlWrmNw •MpIbI1Ny. 0? ? Q J. Dud, IM Nul lw y..n, My you beendear .dyiud of w w.Nd lprl anal MN.p.ep sr eprpn.ry entry w•ae•, .IM•, cM1ou1. Ao4x4.0lmrvrn• p.{ yn, • 6 nr.a (Alps) w MDS R•Nled Cwnpk. (ARC)? p•« ? O ? O 1.11 ulrnfe b el..bpre qu•neont .n Irv. 1° el rlry 1 'I., d W.I. P mr pp.ppkul w 1.awr'NO' w owpYpt 1 w 1. rpNnund lMl N4 MJI be YN •d.N my t0-/pplcs Iwl.nawr•Y u.•i bWUeon dnd,lMlw.n etpW rwww.na Nen amount ndlua.dnp 1.00. P•nan Nrrol"'gue 1v lnr•nnu rM a • M•girl dW el m/ IwP) INwma MYI bU, it., pp el Ihu "O bn. A"Y P__ wha ¦n.vAnpry,a 'uh Nlanl b Oalnud cry Imunna a Wn? IMr P•r,en Ipnand a mi =. •p Ik.Uen.II far Nwnnce 4bm,nIMdMA ton Nlniep hyore-1. elYnl.mlk•rMl,ntl elrInand civil°n er wn.ukfor Yr•pprpe•• IM,1•,dMp In1omMUm.pnaminy ny AC m•Ier1a11Mn1e,•nndb.k,'n.unnc•..1, Mi1.A 1• • .r4r,. and ,uN•.b •u• pIU11N,. D. n•1 .Ipn Ilya ypllulbn M,nyy appN.abl• •aa.,n bank appY¦¦tlon will n¦1 M n . bknY .P•..• Mve net b.•n cwnpN p 1• l•d,1M tl,elpr h•• T __.j II n01 .Ipn•d eM d.Ntl tM •ppac,dan •M Y IM ,pplfeet len M. ml M.n wkn.uee. PWnM• CREDIT INSURANCE APPLIED FOR: NOTE. ONLY ONE APPLICANT MAY gppLy FOR DISABILITY COVERAGE. ? Yes Q No Single Credit Life Total Premium ? Yes Q No Credit Disabitty Total Premium ? Yes ?X No Joint Credit Life Indic.N which applicanl(a): [] Applicant Q Co-Applicant : $ 0.00 Indicate which appliconl(s)' [] Applicant? ! Yer.n annd en Iw en C.-ApPYcanl, $ 0.00 r ryP.r olcov,no, ter M.dµ, N,rp•birHifibd.n miuppaalm. 'I 161 FESS ANTS SIGNATURE DATE OF FIT DATE - PL I ATURE DATE OF BIRTH DATE b ((! :S X (APPLICANT) SECOND Y BENEFICIARY ICO-APPUCAN7) DATE SECONDAR BEN F' 'Ay MHC-9 -4311a.31 A MNGe1-0700.371A5EP-NgRD F..]]ap q,v. tql Onnn 1 nr n roprRIGHT 1991 4.umueN NVW.I Canp.?.., Inc Au corn" n.rn.•. Exhibit "A" TAMMY L HOLMAN ^uenn" ACCOUNTNUMBER DATE OF LOAN 152934 17835802 07/25/2006 N I ?SAESA fiG ,WOM&NRTS WORDS CREDIT UNION MEANS MEMBERS IST FEDERAL CREDIT UNION. THE WORDS YOU.-YOUR- AND 'YOURS" MEAN THOSE LOAN AGREEMENT 10s: state value received, you promise to pay. at due. estate ent on paAgO lore thlstatlOplne YWe s charge and tool of 1 1 on ..g nd of assumption that y payall ins stallme on pa mertls fled due dales, and, it you have quaNae . for Ilknre to satgh ter Conditions of tllof preferred otell.Inent by l a time it is due, you will pay SECURITY AGREEMENT or for any fees or Ch? -- - ,.... ,? 1P weer. any amounts past due, any ply or frnanceh"s Owing, including any IursnCe premiums; accrued interest nor char7ea: outstandin principal Payments made In addition to 2. You regularly scheduled payments shah be applied in the same order. the, 3. ;?ry /his adocument m In you quail fOre°r pralsrred rate as dlscbsstl on page 1 of you nd Ibnper receive the preferred .....1VO1 O11n ngraemem even if Late Charges: If u make a tote pa enl, you agree to pay a late charge if one is dstlosee on page 1 of this document. Property Insurance: If you obtain a loan secured by s motor vehicle or other tangible property, you must obtain insurance winch protects the credit union Iron financial Ios. The amount and coveraqa of the properly insurance must be ace& table to the deck union. Touch a policy must rovide at least fine, Bury, combined additional coverages and collision PnsUran08,111 of oontaln a Loss Payable C181,160 endorsement nondng the credit union as ken holder. You may obtain this insurance from an agent of your ChOICe antl direct the agent 10 send the credit union s copy pf the policy, Debtor Rasponslbuity: You promise b notify credit union of any change in your name address or employmFenL Youypromise riot10"lor a ben k ble to r r you our obfpitron ssemrding to ttheh le(?msa atple a It eM s You promise ,e Inform credit union of any new information which relates to your ability to ppaay your obligation. You promise not to submit false or Inaccurate it ormallon or Mfilfuily conceal Information regarding your croditworlhiness, credit standing, or credit rapacity. on a. MR or VSA6N/ IM mhaurel unless you have censerif oil ON to the cuNelarat, free of all sec^ Interests unsure and a M W my Imatasi 1 • non.m. wive has tlpned the agreement In 1?1s indiulad S. You Ntlnion has bsyra 1 b Wvdr nY?v?hida or ojlttr Riop!M In Mrirh Va yVMoy IuAh necessary ?t a essary 9 a1a Cprovide your insurance Santa Carver 1lrr lilies wagon of adequate coverage. you a? a1a1e61Msynnor arty tst?ab? tlrrpof placW per g? vast union a ?kkt n to Y°u .- .U dMduaay out mua)''or fir prorac9on of the CAedil umonC.re s. dsrmontslshitls in Wj of`lw N - time agaitM a naarnr}1tMMSt} Ms Y spree to nWan b vedk 2-1. IMn ten 110) dari?Nwm usadNwgnroi 014*w loser2sat u n teats is my to Prolad fr ty"t union against" W 7. it. ddauY .•u.n".win w_, _________. _. r and a may Statutory Usn: It you art In default, fed" law gives the Credit union the right to aptly the balance of shares and/or dividends In ow scoount(a) at the time o77 ?staWt b satisfy Chia ban. Once you are in of gull, the ere l union may exercise this right without further notice to you. Delay In Enforoament: Credit Union may delay erdorcirlg any of the credit union npMs under this agreement vAlhout kuelp IherrL Irregular Payments: The credit union may accept into p =S or partial marked t In fuse' wnthout?inp any of the No "paymen coedit union rights ven h ulceouu;p r this agreement Co-raak IeIvrs, If you are twlgtryning this agreement as a co-maker, you agree to erthea osrboN Of Ya The cre?dIl Uno scrWl lrb urgliy may sue agreement has not been paid. The credal union may extend yte rrmslof is p8yment and release any security without notifying or releasing you from responsibility on this agreement. Contractual Pledge of She,. You pt,dpe all your shares and deposit. in the credit union, including lulus sdtlidom, as security for this ban. n cue you of. 01wµ the credit union may apply the" shorts end deposits to eu psy_nt all .uma dw N Ile time of dsfault. Including cost, of eoWetlon and raseonabie attomeys fees, that the credit union may Incur, up to 20% of the unpaid principal and Int,rosL No lien or right to Improve a lien on shares and deposit. Mao apply to any or your shwa which may be MM In an "Individual Relimmen/ Account" or "Nao9h Plan." 6100 2/99 You are being asked top uarentee INS debt. Think pay If you tcertlully :11111 110 yW Ido. If IOhe too Irrowd doesn't have to. and Riat you want to awpl INS responsibility, 11Rty, pay the debt, yiCU VAN have b. You sun yvu can afortl to amount, may have to prey up to the full amount of the debt if the borrower does not pay. You may also have to pay lots teas or collection costa which increase this The creditor can collect this debt from your without first trying to tolled from the borrower. The creditor Can se Imk same Col. ion methods agsnst you that can be used apatnsl the borrower, such as suing you, pamiinlnaa your wages, etc. If this tlebl is aver in defauWi, t tail may become a pan or yew you t record. This notice ls not the contrail that makes you liable for the debt. F. 43789 1102 APPRO byne- Inn, 224.1076 Page 2of2 TM Cwfu dN urdeh t, harypy ed as .o_w Agm• e-y.n.Fad?q pAorm ?nYna ads ale vatlk ladoh are M4"ary to pr no M eofalenl aM M security merest wfdch this agent creates It a-- la more than on¦ bahleer obligations under No agreement are joint and several, each being equerry responsibls to Mail the tome of this sgrsemem. TMs aeaAtyssi •gns, moment not ONy finds you, but your exewbra, administrators heirs, and a ALL THAT CERTAIN lot or tract of raind situate in the B movgh of Lanoyng, County, Pennsylvania, more pardadidy bounded and dom-bed as follow,: L?nnberland BEGGING at a point on the nm*= line of Walton Street two hundred (200) fleet westwardly from the wwtem line of Warms Street,, as shown on the Plan of Lower Walton as laid out by the TnUtees of the Estate of ism" MaConaiclc, decxased, wbichl Plan is recorded is the Office f the Recording of Deeds in and for CUNbeat=d County is plo Book 1, Page 144; thence or northw"y puoe3 with the western line of wum Street t,*o handed (200) feet to a point; thence westwardly parallel with the notthm lice of Walton $ftd fifty (50) fiat to a point; thence sauthwardly pmUel with the wcstem lice of wamea Street two hundred (200) feet to the "'cm tine of Walton Street; thence eaetww ly along the northern line of Walton Street fifty (50) feet to a point the place of BEGINNING. HAVING thereon erected a fume dwdWg house known as No. 225 Walton Street and a garage, Being the same premises which Dana A. Yocum and Tammy L. Holman by their deed dated March 24, 2005 and recorded in the Cumberland County Recorder of Deeds Office at Deed Book 268, Page 459 granted and conveyed onto Tammy L. Holman. Being Parcel No.: 12-22-0820-005 Exhibit "B" 290 y Prepared By: Members 1 st FCU 5000 Louise Drive Mechanicsburg, PA 17055 When recorded mail to: FIRST AMERICAN TITLE INSURANCE LENDERSADVANTAGE 1228 EUCLID A VENUE, SUITE 400 CLEVELAND, OHIO 44115 ATTN. FT1120 zoos tub Io an 10 09 PckrCC1-#-- MORTGAGE Made 07/25/2006 'A5;t rjV ..©Q 0 5 Between TAMMY L HOLMAN erema er calle "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 $ 44,700.00 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 thelimes 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 surds payable hereunder or under the terms of the Note, does grant and convey unto Mortgagee, All that certain property of the Mortgagor located in LEMOYNE BOROUGH Cumberland County, Pennsylvania SEE EXHIBIT "A" which currently has the address of 225 WALTON ST Lemovne [Street] [City] , Pennsylvania Acct No 179359-02 AppID 162934 17043 [Zip Code] Page 1 of 4 Exhibit IBC" 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 fright 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 179359-02 AppID 162934 Page 2 of 4 (4) In the event Mortgagor neglects or refuses to pay the charges mentioned at (2) above, or fails to maintain the buildings and improvements as aforesaid, Mortgagee may do so, add the cost thereof to the principal debt secured hereby, and collect the same as a part of said principal debt. (5) Mortgagor covenants and agrees not to create, nor permit to accrue, upon all or any part of the mortgaged premises, any debt, lien or charge which would be prior to, or on a parity with, the lien of'this Mortgage. (6) In case default be made for the space of thirty (30) days in the payment of any installment of principal or interest pursuant to the terms of the Note, or in the performance by Mortgagor of any of the other obligations of the Note or this Mortgage, the entire unpaid balance of said principal sum, additional loans or advances and all other sums paid by Mortgagee pursuant to theterms 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 179359-02 ApptD 162934 Page 3 of 4 EN 19 61 G4672 Witness the due execution hereof the day and year first above written. TAMMY L HOLMAN Commonwealth of Pennsylvania ss: County of CUMBERLAND On this, the 2 5 th day of _ July 1 2006 , before me, Beverly I Morgan the undersigned officer, personally 4ppeared to me to a the person s w ose name(s) is/are subscribed to the within Mortgage, and sasfactorily aoknowledgedr that he/she executed the same for the purposes therein contained. In Witness Whereof, I hereunto set my hand and official seal. -Zaa My commission expires: [COMMONWEALTH OF PENN YLVNNIq 'IMF otarial Seal organ, Notary Pubk L'pW a , Ctxnberland County 2OD9 Member, Pennsylvania Association of Notaries Members 1ST Federal Credit Union, Mortgagee within n d, hereby celrtifies that its residence is 5000 Louise Drive, Mechanicsburg, PA 17055. By Acct No 179359-02 AppID 162934 Page 4 of 4 0019 EXHIBIT A All that certain property situated in the in the County of Cumberland, Commonwealth and being described as follows: 122208200 fully described in a deed dated March 24, March 24, 2005, among the land records of State set forth above, in Deed Volume 268 Permanent Parcel Number: 12220820005 TAMMY L. HOLMAN, SINGLE INDIVIDUAL Borough of Lemoyne, of Pennsylvania , D5. Being more 2005 and recorded the County and and Page 459. 225 WALTON STREET, LEMOYNE PA 17043 Loan Reference Number 162934 First American Order No: 9975651 Identifier: FIRST AMERICAN LENDERS ADVANTAGE 1111111111111111111111111 HOLMAN 9975651 FIRST AMERICAN LENDERS ADVANTAGE MORTGAGE 11111111111111111111111111111111111111111111111111 I Certify this to be recorded In Cumberland County PA Prep,& BK- 1961PG4674 (Rev. 9/2008) Date: January 20, 2010 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an Official notice that the mort ag on your home is irk de fault an d the lender intend s to foreclose. Specific information about the natu re of the default is provide d in t he attached pa ges. The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP,) 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 INMEDIA.TAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN POSTAMO 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" when you meet with the Counseling Aeency. 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. HOMEOWNER'S NAME(S): TAMMY L HOLMAN PROPERTY ADDRESS: 225 WALTON ST LEMOYNE, PA 17043 LOAN ACCT. NO.: 179359 - 0002 ORIGINAL LENDER: Members I" Federal Credit Union CURRENT LENDER/SERVICER: Members I" Federal Credit Union HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing). During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY-THREE; (33) DAYS OF THE DATE OF THIS NOTICE. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE A5SISTANCE 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 EDIT 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 Emergdncy 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: 225 WALTON ST LEMOYNE, PA 17043 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: for 11/16/2009 in the amount of $510.86, for 12/16/2009 in the amount of $510.86 and 1/1-5/2010 in the amen of $510 86 Other charges (explain/itemize): TOTAL AMOUNT PAST DUE: $1,532.58 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 $ 1,532.58 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash cashier's check certified check or money order made payable and sent to: Members 1" Federal Credit Union ATTN• Tracey Mackey 5000 Louise Drive Mechanicsburg, PA 17055 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not use if not applicable.) Page 3 of 5 IF YOU DO NOT CURE THE DEFAULT -If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgagd^rollerty. 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 withilLthe THIRTY (30) DAY rRe iodyouu will not be required to Va attorney's fees. OTHER LENDER REMEDI .S -- The tender 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 cots 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 POS IB SHERIFF'S SA 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: 000 Louise Drive M hani sb irg- PA 17055 Phone Number: 717-Sn6_S43R nr -Roo) 283-2328 Ext 5438 Fax Number: (717) 795-5207 Contact Person: Tra el Mackey E-Mail Address: macktyj6EmrMbers1st 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 MORT A -- You may or XX may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. Page 4 of 5 • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY (Fill in a list of all Counseling Agencies listed in Appendix C FOR THE COUNTY in which the fro er is located, using additional pages jLnece$sarvl. Certified Mail # 91 7108 2133 3936 9735 5724 Page 5 of 5 HEMAP Consumer Credit Counseling Agencies CUMBERLAND County Report last updated: 11/27/2009 2:21:07 PM CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 888.511.2227 888.511.2227 Community Action Commission of Captlal Region 1514 Derry Street Harrisburg, PA 17104 717.232.9757 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 717.762.3285 PA Interfaith Community Programs Inc 40 E High Street Gettysburg, PA 17325 717.334.1518 PHFA 211 North Front Street Harrisburg, PA 17110 717.780.3940 800.342.2397 Servicemembers Civil U.S. Department of Housing MB Approval No. 2502-0565 Relief Act and Urban Development (exp 4/30/2007) Notice Disclosure Office of Housing Servicemembers on "active duty" or "active service," or a dependent of such a servicemember may be entitled to certain legal protections and debt relief pursuant to the Servicemembers Civil Relief Act (50 USC App. §§ 501-596) (SCRA). Who May Be Entitled to Legal Protections Under the S . A? • 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 Servicemember Entitled To Indt:r the 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 Servicemember or Dependent Request Relief Under the S 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 Servicemem her or Dependent Obtain Informationi About the S A? The U. S. Department of Defense's information resource is "Military OneSource". Website: http://www.militaryonesource.com The toll free telephone number for Military OneSource area: 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.Iaw of mil/content/]ocator php form HUD-92070 (2/2007) Form 3877 Mailer's Name and Address: Members 1 st Federal Credit Union 5000 Louise Dr MECHANICSBURG, PA 17055 Pc ID #/ Addressee Name Article # Delivery Address Z900000034784 Tammy Holman 9171082133393697355724 225 Walton St Lemoyne, PA 17043 Permit Number: 9223844001 Sequence Number: 0000406 Postage Page; MAC Cert. Ver. Num. SendSuite - MAC v6.00.6.01 .J ES ES Insur Due Total Type Fee ed Sende Charge 0.610 C 2.800 0.00 4.510 ERR 1.100 Page Totals: 15 8.910 58.500 67.410 Cum Totals: 27 14.530 105.300 119.830 Form 3877 (Facsimile) SendSuite - MAC v6.00.6.01 .J Exhibit «E" Form 3877 Page: 3 Hailer's Name and Address: Permit Number: MAC Cert. Ver. Num. Aembers 1 st Federal Credit Union 9223844001 SendSuite - MAC v6.00.6.01 j 3000 Louise Dr Sequence Number: VIECHANICSBURG, PA 17055 0000406 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: 27 14.530 105.300 r Total Nun)ber of Pyeces Received: Signature of Receiving Employee Form 3877 (Facsimile) SendSuiti Pq .1% 111119 W JAN 9 0 20ik 02 1M $ 05.670 0004250959 JAN20 2010 /?"?ee8e MAILED FROM ZIP CODE 1 7055 ?J ?~ S ' "? ?lYF 02 1M $ 06.01 000 4250959 JAN 20 2010 ?7nrc. 0.000 119.830 i USPS - Track & Confirm Page 1 of 1 UN/TEDSMMS POSTAL SERVICE- Home I He I Sign in Track 8_Confir_m FAQs Track & Confirm Search Results Label/Receipt Number: 9171 0821 3339 3697 3557 24 Class: First-Class Mail® Track & Confirm Service(s): Return Receipt Electronic Enter Label/Receipt Number. Status: Delivered Your item was delivered at 2:11 PM on January 29, 2010 in LEMOYNE,.,} PA 17043. Detailed Results: • Delivered, January 29, 2010, 2:11 pm, LEMOYNE, PA 17043 • Notice Left, January 21, 2010, 2:45 pm, LEMOYNE, PA 17043 • Electronic Shipping Info Received, January 20, 2010 Notitication Options Track & Confirm by email Get current event information or updates for your item sent to you or others by email. Ga> Return Receipt (Electronic) Verify who signed for your item by email. , Go> .,re 0.d.ap ?tcx_iy!' SH'v!4e Forms C3pv l serylcrg careers P1 ivacy Policy Terms of Use BU ,.nes> Cu lu *ier (3,aiewdy Copyright-) 2010 U5P5. All Rights Reserved. No 1F:A(i !fir? L r 0 7??trs ?t;7!V, http://trkcnfrm 1. smi.usps.com/PTSInternetWeb/InterLabellnquiry.do?origTrackNum=917... 3/12/2010 MEMBERS 1ST FEDERAL : IN THE COURT OF COMMON CREDIT UNION CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF Vs. NO.: TAMMY L. HOLMAN DEFENDANT : CIVIL ACTION-LAW MORTGAGE >~ORECLOSURi; VERIFICATION 1, Arlanda Dintaman, Collateral Liquidation Specialist for Members 1' Federal Credit Union, being authorized to do so on behalf of Members 1St Federal Credit Union, hereby verify that the statements made in the foregoing pleading are true and corrcct to the best of my information knowledge and belief 1 understand that false statements are matte subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unworn falsification to authorities. Members I" Federal Credit Union By:?C G?t.l?? ?• Arland# Dintaman, Collateral Liquidation Specialist 6 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Edward L Schorpp Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY F1 C-1 .+..w. 4 0!: TI. C? 1r f? - -ERiF Members 1st FCU vs Case Number . Tammy L. Holman 2010-2068 SHERIFF'S RETURN OF SERVICE 03/26/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that on March 26, 2010 at 0940 hours this Complaint and Notice upon defendant Tammy L. Holman is returned not served per request from Attorney Karl M. Ledebohm. SHERIFF COST: $28.00 SO ANSWERS, March 26, 2010 RON R ANDERSON, SHERIFF 'c', CounryS1Ae Sh1-ff l e!eosofl . Ins;.