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HomeMy WebLinkAbout10-3821•~. t {ter. ,r T F-~' 1 ,~'L .'fl.~~ Zula '~~~~ _~ ~~f ~'~• ~~ vL~t , ; ~ ~~..• .n ~,.~1 c~~~ _ ;~~~~ ~~_;t~~, ~Y~ ,~: Karl M. Ledebohm, Esquire P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 MEMBERS 1sT FEDERAL CREDIT UNION PLAINTIFF Vs. JOHN J. NEWMAN IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW 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 ABOUT HIRING A LAWYER. ~ ~~ ~~ ~ way ~ ~ ~ ~Q~ ~~~q3~(~ 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 presenter una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objectiones a las demandas en contra suya. Se ha avisado que si usted no se defiende, la corte tomara medidas y puede entrar una Orden contra usted sin previo aviso o notification y por cualquier queja o alivio que es pedido en la peticion de demanda. USTED PUEDE PERDER DINERO O OTROS DERECHOS IMPORTANTES PARR USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED NO TIENE O CONOCES UN ABOGADO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SU PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717)249-3166 OR (800)990-9108 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. SECTION 1692 et seq.(1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIlVIE. 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 17070-0173 (717) 938-6929 MEMBERS 1sT FEDERAL IN THE COURT OF COMMON PLEAS CREDIT UNION CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF Vs. NO.: JOHN J. NEVVMAN DEFENDANT :CIVIL ACTION-LAW-MORTGAGE :FORECLOSURE COMPLAINT AND NOW, comes Members 1 St 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 1St"), is a National Federal Credit Union having a principal address of 5000 Louise Drive, Mechanicsburg, PA 17055. 1 2. John J. Newman (referred to herein as "Defendant"), is an adult individual having a last known address of 149 Pleasant Grove Road, Mechanicsburg, PA 17050. 3. On or about May 15, 2003, Defendant and Defendant's spouse, Marilyn C. Newman, f/k/a Marilyn C. Vallor (hereinafter, "Marilyn Newman") borrowed from and agreed to repay to Members 1 St SIXTY-SEVEN THOUSAND ONE HUNDRED NINETY-TWO AND 00/100 ($67,192.00) dollars (the "Loan") The Loan is evidenced by a Closed-End Note, Disclosure, Loan and Security Agreement dated May 15, 2003 (the "Note") executed and delivered to Members 1St by Defendant and Marilyn Newman. A copy of the Note is attached hereto as Exhibit "A" and made part hereof. 4. As security for the Loan, Defendant and Marilyn Newman executed and delivered to Members 1 St a mortgage ("Mortgage") on all that certain real estate and improvements erected thereon situate in Silver Spring Township, Cumberland County, Pennsylvania, known and numbered as 149 Pleasant Grove Road, Mechanicsburg, PA 17050 (the "Property"). A description of the Property is attached hereto as Exhibit "B" and made part hereof. 5. On or about May 16, 2003, the Mortgage was recorded in the Cumberland County Recorder of Deeds Office at Record Book 1812, Page 715. A true and correct copy of the Mortgage is attached hereto as Exhibit "C" and made part hereof. 6. The Mortgage has never been assigned by Members 1St and is still held by it as a valid and subsisting obligation of Defendants. 2 7. Marilyn Newman died on or about July 8, 2008, whereupon title to the Property vested automatically in Defendant by operation of law. 8. Members 1St hereby releases Marilyn C. Newman f/k/a Marilyn C. Vallor from liability for the debt secured by the Mortgage. 9. Pursuant to the terms and conditions of the Note, Defendant agreed to pay to Members 1St monthly installments of principal and interest in the amount of at least $584.20 each, which monthly payments were subsequently adjusted to $583.68 each, beginning on June 5, 2003 and continuing on or before the fifth (St") day of each month thereafter. 10. Defendant is in default of Defendant's obligations under the Note and the Mortgage as a result of Defendant's failure to make the payments due to Plaintiff as set forth therein in the amount of $583.68 each for the months of February through May, 2010 as more particularly described, in part, in the Act 91 Notice attached hereto as exhibit "D" and made part hereof. 11. 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. seg., and in pazticulaz 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. s_g., by letter dated April 12, 2010, addressed to Defendant at Defendant's last known address via certified mail, return receipt requested. A copy of the said notices aze attached hereto as Exhibit "D" and made part hereof. 3 12 13. 14. 15 U.S. Postal Form 3877 evidencing the mailing of said Notices is attached hereto as Exhibit "E" and made part hereof. Simultaneously, Members 1St forwarded to Defendant the same Notices as set forth in paragraph 11 above addressed to Defendant at Defendant's last known address by United States mail, first class, postage prepaid, bearing the return address of Members 1St. The Notices forwarded to Defendant in said manner have not been returned to the offices of Members 1 St as undeliverable or otherwise. As of June 10, 2010, Defendant is indebted to Members 1St in the amount of FORTY-NINE THOUSAND EIGHT HUNDRED SIX AND 39/100 ($49,806.39) dollars itemized as follows: a. Outstanding principal $46,765.25 b. Interest to June 10, 2010 241.14 c. Attorney's fees 2,800.00 f. Total due to Members 1St as of 6/10/2010 $49,806.39 The above attorney's fees are estimated through sheriff sale and are in accordance with Defendant's agreements as set forth in the underlying Mortgage and Note. Defendant will be responsible for actual reasonable legal fees incurred by Members 1St in this matter which may be more or less than the amount stated above depending upon date of payment, subject to any limitation contained in the Mortgage or Note. Defendant also agreed under the terms and conditions of the Note that in the event of default there under Defendant would pay, in addition to the amounts 4 set forth in paragraph 14 above, costs incurred by Members 1 St as a result of the institution and prosecution of these legal proceedings. 16. The obligation owed to Members 1St continues to accrue interest at the rate of $8.3153 per day, through the date of payment and continues to accrue attorney's fees. 17. 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, John J. Newman, in the amount of FORTY-NINE THOUSAND EIGHT HUNDRED SIX AND 39/100 ($49,806.39) DOLLARS plus interest at the rate of $8.3153 per day, through the date of judgment entered on this complaint and at the legal rate thereafter until the date of payment, additional attorney's fees and costs of suit and for foreclosure and sale of the mortgaged property. Respectfully submitted, Date: June 8, 2010 Supreme Court ID # :59012 P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 Attorney for Plaintiff 5 1 ~~.. .._____~..~_.._..- - ~ ..~--- SL ~ r nAN ANO K[-LtrKl l ~r.r:rrmrn r BORROWER'S NAME AND ADDRESS ~ 5006 Louise pr(ve, P.O. Box 40 JOHN J NEWMAN Mechanicsburg. PA 17053 14B PLEA ANT ORO ~ OAD MEMBERS (y ACCOUNT NUMBER rruuuwaruraa 4 CO~BORROWERS NAME 8 4996 MARILYN C N MAN PRWUPAI. AN..r~r1T IRAN NUMBER BORROW ER8 NAME C O DATE DF LOAN MATURT'OATE r- ~ 1x1 FIXED VAR41BtE UD/ID LV J ANNUAL PERCENTAGE FINANCE CHARGE' AmountFlnanced:ThaarnlTUntd TdddPayments:Theanount RATE; The coat of your credit tae a The ddlar amount the credtt will crtydlt provided to you or on your you will have paid after you have made all payments as scheduled h&! . • yearly rata. ' eosl you. ba 0.49 `yO e 3 37963.12 a $ 67,192.00 a •$ 105,155.12 Variabb Rab: If your loan hoe a variable rate as indicated above Ule Annual Percentage Role may Increase during the farm d this Iranoacbon If Iho ('Index) chonges. The credit union wW add a margin d to tM Index value. Tna rata wVl charge monwy on the flnl day of lne month. The refs will never ba nigher Ihen the maximum role ahowetl by Fix Example, fl your loan was for 55,000 al 15% far 48 menLS d the some anlwnl ult in mac pe ill t e i i . y r s ncreases w nl¢resl ra a law, and II veal never be lass than Any monlM and the Annual Percentage Rata increased Dy 2% ea9f one year, me term d your loon would increase by two mmihs 'Proferted Ratr. Ii checked, tM ldlowlnp applies to your loan: ® Automa0c Payment Dis¢ounbd RaU: Btx:ause you nave spread to make your required monthly payments lhrouph an automatic deduction from your Checking/Savings our ANNUAL PERCENTAGE RATE has bean discwnted bbyy 20%. The ANNUAL PERCENTAGE RATE discbsad above N Ne ANNUAL PERCENTAGE RATE box is Accoum , y Iho Auloma0c Peymsnl Discounted Rele. This rate will increase by.20% N ylw cease tM aullxnadc payment emanpemant ar (all W malnlsln sufllolent funds In your accwnl W cover the automatic paymanls. In such a case, the efiecl d the increase will De Id extend lM term d yDUr ban. For example, H your Aulomelic Payment Discounted Rate is 10% on a 55,000.00 loan for 00 manNS and you twee the automatic peymenl aranpamanl, your rele veal Increase to 10.20%, resulting In 1 a0dttlonal payment Vsrlable Role Probmd Loans. 11you r ban le a varleWe tale ban end you WeaM for a prefsned rate, your Ixetarred discount (s taken a the lime you late oW your loan. This iOd ANNUAL ' I s n Initial preferred ANNUAL PERCEIYTAGE RATE veal Ines vary eeLrordinp b dharpe9 In Iho Index (aa diaclgetl above). Fa example, if a variabe rata loan PERCENTAGE RATE Is 12% a the time ynu take the kten, your bligd ppreferred ANNUAL PERCENTAGE RATE vela be N/A%. Your Initial preftarrea ANNUAL PERCENTAGE ro.Ysbn above 'Vannble Rste' d di l d b ill h di tn I U t p . Ye an vary accor ng a n et, ea ac osa l t o RATE w Fixed Rale Prehrrod l.osne. If your loan 4 a fixed taro ban and you qualify la a prslertad rate, your ANNUAL PERCENTAGE RATE will De the preferred ANNUAL PERCENTAGE RATE tllsl:bsed shove for ae I p r referred etatw romans in eHeol. Number of Payments Amount of Payments Payment Frequency When Payments Are pus Property Insurance: You may obtain property Insurance front anyone you want that Is acceptable to Your PaYmem 179 5584.20 Monthly- Beginning 08/05/2003 the credit unidn. If get the Insurance from Ne credit union you will pay ~hbub veld be 1 3583.32 Find Due - On I)5105J2018 Sa¢urtly: Cdlalerat cecudnp deer bans with the cruet union the goods a pr arty Other wiN also secure this ben. You an plNrq a sacurdy inlaesl in being purchased. (Describe): your shares and/or deposit h Iho credit union, and: ^ a 2ND MORTGAGE Late Ch^rpe: 1l a payrrwnl is isle Dy 1D days a more you will Required DepoaB Balance: The Annual Peroeruaps Rale tloos FllinB Feas: Non-Flling Insurance: be charged a Isle feed 6% of your acnedukd payment nd lake into account your «raulrod dapoeil baertda, a arty. ;NIA S WA Prapayman you pay w Y•Yaa oWYa y. wyour ne m orenye on arlM Wl Mrip.ym.n w any requa nPrymsn n u on 1' corns w1YnNe. the adrdu ld dM and pnpaymenl reNnda and plydlin. AMOUNT FINANCED $ 87,192.00 Amount Bald to others on yourbettalf (Describe) AMOUNT GNEN TO YOU DIRECTLY $ 10,022.89 So'bo TD M'""0'°I' L"' S To ;o.lro Tow^nw~~• S To AMOUNT PAID ON YOUR ACCOUNTS 57,189.11 S 7o S To 3 TO 30.00 TD Few PREPAID FINANCE CHARGE $ 0.00 S TO Ordwcoinc. $ TO Aaea sdueara OTHER (Describe): You Pledge Shares and/or Deposits d . .....'. _r _.»...... _ .. ...... ... ... ... , _._ -_YW-egrea.thahlhaterms.: ... _ Nan one botrowor; we agr receNed a copy d the bar - f,„-=--- - -- - -- -- . _. ,- -- _-conlalned-pn-paga3,-- _ _ ~nn~' oa~iNCe• cl Yduacknowledge that you have - d Via notice to co-signer .APPLICATION FOR GROUP CREDR INSURANOE I ws w eppyinp for the credV Inaumce ePVelew(i) select aprw b DaY Ne rpuhd prarNiYrl. l wa urdal Yur lave may b1 pIb W war coru+acbM wdh u Lwenpa to a ad(or I ws undsrclorq that Uw purchwe d Nis Insvlanea k voiunbry and not roqulnd Mgder b mleb LredL YWI I (we) may larmirmla a al any 1'PM.11 (wa) uMwtarM Ihol a Jalnt pia Insurance la LWclad, wG mull W IdIWY and 4gMdwl y lieda under ur ban, rid Uri cP1lgr,ara ant puaranlon as rot Ygibb for insurance. A LICANr Cp.APP ANT Tha blbwlnp quaslbns.l and 2, muN as enewlred bdllerm,M mYlourl Nipibliy brMaursnp: Y~3 NO Y 1. (AIYpa¢able b lira 4rourvca coverage Ny1 W a y¢P W undw spa 70 on nM aalyduW mawdy dab d your Iw17 © ^ ~ X 2. (Apoleab4 b 6eaMYy oo„wapa on1y1 W iY yes W under ape 70 an Itr seMdlibd mNUnry dab of ban AND w you pwamy workbp eubiM yyoouur honor tar wove or Pmal for 7Y nwre ar coon ParwaM and hna born so warMhp la Yp diya w mesa Wlua Vas dala9 ^ Q ^ O b'addilbn, i(ywr ban axGDde 5 ]a,DDOAp IM followirip question meal akP W anawarw H order b dalarmill afipryrl' iy. 3. Dureng Iho Iwt Iwo ywrs, Mva you born m~diaYYyy Wvlarl W a trwlad fr. oanea~{,I.ran aWCt or eponary artry dlaawa. abWi, ^ x^ ~ ^ x^ c'xrhoak, Acsubad Immune l~cwuy Sy+Mrane IAIDS) a AIDS Rlbbd Complw y.nD)T My (w en4wars b w above quslirnL are troy to Iho bw{ d my (wfj YnwMdpa ant bJlal. M mI•o~otipoYevd ar I anawv •No• b WwYon 1 w ], wa undenlard Thal M pmam Y MI d'pWe for inwranos wW WY rot bs Wur . If my wappwsnl or 1 awwar ^Yai b quaatian J, wa urgeraund trot we w aupaa tar buurnoa up b an rmounl nd a~asdlnp i/.Op. ' The t11acUN at N my (err) YlsuroncawiA be IM dale d Ihis lppacaYan. Any pnaan rrho blowkgy and with inbnt b Mtnud my Ineunnu companyy or otMr parson ribs an apoolketlon for Inwranee o Mtansnl of arm conbfninp any Rrbrialy ralsl lnbnnatlon or wncwls forlro purpew of mMlwdinp, Inhrrmalion eongrnmyy any hcl mabdel Olarob commitsa(raudu4nt lnaunna act, hich is a crane d sub)aeb such Parson b raimiml and civil Panalaaa. Do not sip thla /pplirldon a anyy epPSeabh apaela an b1anR This appacation wYl MI tm uwd In wnbal a all epplbabb bunk spa¢ee ha not Wan complatod, Na dahtofhw not ipnstl and dabd Na eppliutbn and II Iho appaWian hoe MlbNn wMMwad. CREOfT INSU ANCE APPLIED FOR: ~ NOTE: ONLY ONE APPLICANT MAY APPLY FOR DISABILRY COVERAGE. ^ Yes No Single Credit Life ~' Total Premium , ^ Yes [X] No Credit Disabilty 1 Total Premium '^ Yes No Joint Credit Life IrgiCale wnich IicanUs): ^ APWKSma Go-Applicenl, 50.00 IrWicale which epPli¢enUs): ~ Appliaanl~ CoAADlicanl 50.00 Yw YeCevar IQ dY LypaL O• CO 10( which a Crorpe 1. indieeled M m~ apphoallon, APPLIC 51 ATVRE pATE OF 81 H DATE_ CO-APPLICANTS SIGNATURE DATE OF 91RTN DATA _ WRNESS DATE SECONDARY BENEFICIARY (APPLICANT) SECONDARY BENEFICIARY (CO-APPLICANT' MM¢9ai7Ba.3T E%hibit "A" MF1097-0200.77 SER-WORD F. A378Y Rev. 1A7 aelxa Mu1ua1 Companies, Inc. All nphE rwerwd. 'prnElr ¢LYLIER: A+y Mran^ vent Aar a p,aaary h,wawloawwn v • rwdMa WLrIb Or xywdaarrardwlabni LiW lures Tlr saw amw, unya alga a Lo,rWw.4 sal ablbsYw b W Y iti vat aui,x,er.u,w. enl srada Uden lv. • aavuNy InlaraY N Ili LdbWN as aapbard U M a.asy Ae,«nw. •'mawNale Upon,bra,di, Iho vNl aaYn arylrY I,rxnaaaU PPmnl alai W armrA.ror MiY ra N nuns des rn N.lw,. Thr paranbr NVaa N noUOa b waY:Y, ro w sea Me10 Niw,wwri b al,aWa aY law. BORROWERS tUA1E ~ LOAN aV41aER ~ ACCOIMT NUMBER DATE OF LOAN JO H N J NEINMAN 3$495 4625530 05115/2003 EE ryry77 H +NNATMEDSAS~O~f20WER(S)THE WURDS •CtZEOR UNION" MEANS MEMBERS 1ST FEDERAL CREDIT UNION. THE WORDS "YOU,"YOUR" AND 'YOURS' MEAN THO5E LOAN AGREEMENT SECURRY AGREEMENT PsymentslFinance Charges: For value (aeeived, yvu promise to pay, at Ute Credit Union's Office, all amlwnts tlUe. AN payments shall t>e tr>ed0 UraUent to the dlSClwure alal8tnenl On pa Ytw e'{ d this doOVment t. Ta seauw p M of thle ban and ^II asps dttune incurrsd by the credo unbn In onnaction lush this 1 n, or in roa~pinp on a securky Into ct, you pnnf td t~4 crodd unwn a ty tnterecl in thi property dsacribetl on g . P t undarsWnd Shat the finance charge and oral of payments shown on page 1 d this document are based Dn the assum tion tM1at aN Installment ayrr~is yw e 1 of l»is document s aecudty interest fnelutlos aA Increaser, uaslhudona na addirbns b the sac n pro ny, pro eda from any ml~n ra ~nsunnca on ~he urM rrt ant tt a tv d h th p p wUi be made Ott the scheduled due de~00sS end , H you have quatilitid for ~ p rrc p y p e s sa rvce a om swuntl property. the Catdtll0r16 d that elted preferred rate that yaJ conUnUe 10 aeiiSTy rata. It yW tali to Day any Inetallmertt by the tune It la tlUe, y«, II pay CrosscoiWbnliratbn: Pr rty Ivan ar aoun4v for this 1 sn or for any oa+er loan Borrower n w~ f~`i thr Quwdh untop wAreacun rt~amouna Borrower owns thi rndk union row rnd in Cra fvhln However opery additional int@re9 On lh0 ovetdVe BntOUni Allocation of Pdyrnealta and Add{tbnal Pdymertts: Paymetils erW h l i l t t l ' . p earfny anotna(debt wl1 not secure thk ban ff such ro )a ~orrowars princWat nsi~anu (unlrss the pro~er nac~sctwn~obcas en of r toc• r. utrementa an sat frd) rchaae lven and an or non• r due; any CredHs s a { De app ied n the d owing a dar: any amoun 5 pas fees a Chtrrges tywtng, trtciuding any insurance premiums; accNed interest Or tinanCe Cher tie; Outstanding principal, P made in 0dditioh l0 g ~~~ q Y , o pu s a money houeehot goo0s. 2. You i pot pre a the focatidn d, aeA a uansfer the coseteni unless ya heue the credd urron Wr16W1 GenBeld regularly scheduled payments shell b9 applied In the same order. Prefotrad Rats: K you quaNffvv for a pratteRed lfAe as disclosed On 8 1 d (hi f d d d i f d s, You warrant thatyqr two~ood title to the codsttrnL tree d alt securiq interests axceq that pevertlp th A uMtn and except or ary tnt@real of a, non-co- ~W k l h a lh n i d d t d n a separa e pre ere re s ocument tx erred ret@ adden um you un that you must meeet the cortdklorrs disclosed to ytxr n order to qual~y or the er owner ere w ma a oo o gne thhe agreement In the rn ee s lca e pNea. referred rate and must OgqnntihUa iD meat UtDae Condttlons in Wdar in keep our prelerretl rate. h you tail to meet those oondrciona, your tale will 1. Ya wVA pa dt lases, assessment}, and Bane @dpuwt or attached to Ina pr ty ds~sertbstl +~nd f~rthar spree{ b keep ttre property to {rood condSlfon, housal~ bl lt Wra C t S h t it t b d InC(ees@, ttltNaby s#ending the farms d your loan. You ppral'd98 t0 CeritinVa making payments red to meet all obNpatltxts under this /lgreement even tt @@ Q ~ a su e s U e naRC flg } a in tg end BGU e er. w O Iy th 9+e aapptr t amxwmentr at u+a crrdA uMm r requwi ar d w+u de~gnd mg property apa'r~is~ verse ihlyd party rAsima you no longer reC81v@ the Dreferretl rHia. tats Charges: it you make a late payment, you agree to pay's late charge ' if One i8 diSClos Or1 page t of tt1i3 aCUrnetft 6, YOU wet re},taarin fnauraiu t0 awa vshkle or ath property In which the credH u ~ ~ ~ ~nt0~st. Tanr~lrnufance wAlge in a t~grm aoo an ~ amount sfac CretlJ urMOn Yeu WiP eYPP+Y the cr unim with oof . Property Insuranea: It ytxt obtain a loan secured by a snots vtrhleta a Mf of such neap 1 ulna owed iq padtt uynnwn and secured by Atia K ou tail to melMam such Wunnce but ere rew~d credit uruon ma o~ Other tengibl@ property, you must obtain insurance which protects the credo union frtxn linen al {ose. The entount and ~overa9a d In property G 6 . y , y ~ Y s not repuir~~~'0. oAtarr+ r uranca d our own and add the c d u h to the sonic owe his cast wtt{apear IntarKl at the yu71/aCt retb un°!il paled, ~'tw runner insurance mull be acceptable t0 the Credtt union. SUCfI a policyy must provide at least tire, theft, etunbined additional coverages and totlisiat asstp n to oradls ynion the 1 ni W statue No proceeds d any insurance on ~ such p~apertY end aaa anYfn~ryer to pay those proceeds dv~ctl~ to credit Insurance. It must contain a Loss F clause endorsement natni the ~bk' ~ cr@dlt union as tier hdder. You may obtain this insurance Fran en agent d unbn. ou tree u A unwn to erMoras arty check « set providdeecdl ns the proceeds d Fuc insurance, and apply Ihpae OrOCeetlE to the sums owed to the credA utlbn your choice and direct the agent to send the credit union a ccgy of the patCY You ivrther auftwn;e tn@ crtdH union to prpNde Your fnswance Sa~vice Canter With ins necesCery IMamatron fp ve cabin d adequate coverepa. Debtor Responsibility: You promise to notHy credit tmidn d any change in your name address a emptoovrmant. Y(w Prlxnrse rest 10 ePPIY far fl loan H you know there Is a reesonebte probability that yeu will be unable to repay You ayknaAed lhet.+'nrucence a er2eraton, thereof, ppced by tree credA c~eMt li traulbanafY td you MdlNdua ty yut k prunarity to the prdection of rho yaw dbligatton according to the terms d the credit eMansion. You promise to inform credit union of an new information vfiich relates io twr abiN to p c ~ e. ~na,1a the ink union teat et ary tim~ that we seoyrity pesented has ^'^lhnt(dp~ ~^~pv(Imw, oria any mason aeI ~ add+bmai ~acunN u: required, ou ~dlbP7a aecunYy 're` ~ ~ e K i«i ~t sM a 'Mtnio ta a ie d ~b - repay your obligailan, You rantsa trot to subrMt false a inac urate i C ,redll n N i lxdn , U ot ttt a wea ru ct art ~Y W against pocstble n ormatan Or wilNu{ly Conceal information regarding your Credllworthltteaa, bsa. ' NOTICE TO (:O-$IGNE1t You era tieing asked to guarantee this debt. Think car@tully bef~ a yw do. H ins borrower doesn't pay the debt, you will have to. tae sure you can Mfa o t pay it you have to, and that you want to accept this respohaRriti ~ .. .. You may have to pay up to the tut! amount of the debt if (he borrower does not pay. You may also treve to pay late Fees or cdlecbon rolls, vfilcn tn;reas amount, The aeditw can colttrt;t this debt Iran yyoouu wllnoul first trying (0 collect fran the borrfAVer. The creditor cart use the same collegtion methods against you can be used against the DwrOwer, aucft-as suing yqu, amisMng your wages, tYrc. If this debt is ever fn default, fhai fact may became a pert a your crc~r rocord. This rwttce la rrN the contract that rnaltec ytw IPabtefor the debt, F. 43788 tl02 APPRO aH~*s, inc., 22d•td78 Pagezdz .LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground, being Lot No. 1 in the Plan of Pleasant Grove, situate in the Township of Silver Spring, County of Cumberland and State of Pennsylvania, bounded and described as follow, to wit: BEGINNING at a point on the center line of Township Route No. 595, said point being referenced South 58~degrees 16 minutes East, a distance of five hundred eighty-three and sixteen one-hundredths (583.16) feet from the center line intersection of Township Route No. 595 and Township Route No. 592; thence South 58 degrees 16 minutes East, along the center line at Township Route No. 595, a distance of two hundred (200) feet to a point; thence South 27 degrees 29 minutes West, a distance,of one hundred eighty-seven {187) feet to a gtake; thence South 76 degrees 32 minutes West, a distance of eighty and nineteen one- hundredths (80.19) feet to a stake; thence North 74 degrees 22 minutes West, a distance of ninety-five and ten one-hundredths (95.10) feet to a stake; thence North 17 degrees 59 minutes East, a distance of two hundred seventy-seven and seventy-eight one-hundredths (277,78) feet to a point in the center of the Township Route No. 595, the point of BEGINNING. HAVING thereon erected a one story brick dwelling house. UNDER AND SUBJECT, NEVERTHELESS, to all easements, restrictions, encumbrances and other matters of record or that which a physical inspection or survey of the premises would reveal. TITLE TO SAID PREMISES IS VESTED IlV John J. Newman and Marilyn C. Vallor a/k/a Marilyn C. Vallor, joint tenants with rights of survivorship and not as tenants in common, by Deed from Geoffrey O. Minter and Laura L. Minter, his wife, dated 03/14/2000, recorded 03/21/2000 in Book 217, Page 969. _ ___s-._ ._ _,-_ r_~,_,_--, ----R-- ------- - ~ --~*-By virtue of7he-d~a7h of lllarilyn ~.~ewman on a7/08I2U0~ 13efen~ became the sole owner of the mortgaged premises as surviving joint tenant with right of survivorship: PREMISES BEING: 149 PLEASANT GROVE ROAD, MECHANICSBURG, PA 17050-1529 PARCEL NO. 38-14-0852-018A Exhibit "B" 2~.~ Hrter xecoratng xeturn i o: St MEMBERS 1" FEDEP ALCM FOR IMION 5000 LOUISE DRIVE, P.O. BOX 40 MECHANICSBURG, PA 17055 MORTGAGE Made 05/15/2003 Between JOHN J NEWMAN, MARILYN C NEWMAN (hereinafter called "Mortgagor") And MEMBERS 1ST FEDERAL CREDIT UNION (hereinafter called "Mortgagee") _ ,.,___ ~~3 (~R~ 16 F~~l 2 20 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 $ E~7,1 Q2 OA ,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 i DEED DATE: MARCH 14, 2000 BOOK 217 PAGE 969 CUMBERLAND COUNTY SILVER SPRING TOWNSHIP County, Pennsylvania. Exhibit "C" which currently has the address of 149 Pleasant Grove Rd [Street] Mechanicsburg ,Pennsylvania [City] [Zip Codc] 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. Acct No 46255-30 APP-D 39495 f~~I~I~F'~~0715 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 maybe 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. (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 46255-30 AppID 39495 Witness the due execution hereof the day and year first above written. ~,1~ JOHN J NEWMAN Commonwealth of Pennsylvania County of CUMBERLAND MARILYN NEWMAN ss: ~D~e~u'~~ day of MAY , 2003, before me, ,the undersigned officer, personally appeared ~ nw v w AN aK i YN ~ N ~WMAN satisfactorily proven to me to be the person(s) whose name(s) is/are subscrib8d 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. l My c~tnmission expires: r ll~ e ~ ~ .r,~ ° jn:1~y .(~f?^ef w T~ Iy~~ AMn t. P 9~Lp` R ` + .. ~~N~p '.t 914,i.. ~° . aaawr ,~^Y g ~ :~ ~. '"~elear~''"~ Isodean Wtorley, Notary Public Lower Allen Twp., Cumberland County My Commission Expires Mar. 7, 2t)p5 ~--~er, PennaYNanla AssuCletion o(Notarte~s Members 1ST Federal Credit Union, Mortgagee within named, hereby certifies that its residence is 5000 Louise Drive, Mechanicsburg, PA 17055. a,~ !~ ~';'",~ 't ;G J .~ .~ ~P. a - ~t `.......•...+` t Acct No 46255-30 AppID 39495 ~.G~ F ~ f ~ ~tJ O ~ l (Rev. 9/2008) Date: April 12, 2010 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the morl~age on vour home is in default. and the lender intends to foreclose Saecific information about the nature of the default is provided in the attached napes. The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) 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 Counselin~Agencies serving vour ~Q,unty are listed at the end of this Notice. If You have andquestions. , o~u may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (7171780-18691. 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 PARR UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CURL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. Exhibit "D" HOMEOWNER'S NAME(S): JOHN J NEWMAN MARILYN C NEWMAN PROPERTY ADDRESS: 149 PLEASANT GROVE ROAD MECHANICSBURG, PA 170500000 LOAN ACCT. NO.; 46255 - 0030 ORIGINAL LENDER: Members 1$` Federal Credit Union CURRENT LENDER/SERVICER: Members 1" Federal Credit Union HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSI TAN E WHICH CAN SAVE YO R HOME FROM FORECLO URE 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 STAY OF FOR OSTIRF -- 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-THRF . (331 DAYS OF TH DAT 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 NS IN A N I S -- 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 A SI TAN -- 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 COUNSELMG AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHM 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 stilt apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Brin~I~t u_p to date), jyATURE OF 'rJ-IF DEFAULT --The MORTGAGE debt held by the above lender on your property located at; 149 PLEASANT GROVE ROAD MECHANICSBURG, PA 170500000 _ 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 02/05!2010 in the amount of 399.81, for 3/05/2010 in the amount of 583.68, for 4/05/2010 in the amount of SR"t bR Other charges (explain/itemize): TOTAL AMOUNT PAST DUE: $1 567 17 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 $ 1,567.17 , 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 l" Federal Credit Union, ATTN: Tracey Mackey 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 YO DO NOT CURE THE DEFAULT--If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, 1<~ 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 fu{] 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 ~reclose ugQn your mortgaged Rrogert_v. IF TH MORTGAGE IS FORE~J2 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. jt'vo ~ ~r th d fa ~It within the THIRTY (301 DAY period. you will not be required ~ Ray attorney's fees. QTHFR LENDER REMEDIES -- The lender may also sue you personally for the unpaid principal balance and al! other sums due under the mortgage. RIGHT TO URE 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 anv time u~,to one hour before the Sheriffs Sale. You may do so by paging the total amount then past dueLplus any late or other charges then due reasonable attorney's fees and costs connected with the foreclosure sale and anv other costs connected with the Sheriffs Sale as specified in writing_by the lender and b~performinPLanv 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: F.ARi,~, i~ T~ POSSiRI,F 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. dame of Lender: Members 1s~ Federal Credit Union Address: 5000 Louise Drive Mechanicsburg, PA 17055 Phone Number: 717-506-5438 or (8001 283-2328. Ext. 5438 Fax Number: 17171 795-5207 Contact Persop; Tracey Mackey F-Mail Address: mackevt a(~memberslst.org. EFFECT OF SHERIFF'S SALE -- You should realize that a Sheriffs Safe 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. ASSUMPTIQj~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 oj'all Counseling Agencies listed in Appendix C. FOR THE COUNTY in which the ~perty is located. using additional napes ~f'necessarv). Certified Mail # 91 7108 2133 3935 9807 4519 Page 5 of 5 HEMAP Consumer Credit Counseling Agencies CUMBERLAND County Report last updated: 11/27/2009 2:21:07 PM c.~w or western rA 2000 Linglestown Road Harrisburg, PA 17102 888.511.2227 888.511.2227 Community Action Commission of Captial Region 1514 Derry Street Harrisburg, PA 17104 717.232.9757 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 717.762.3285 PA Intertaith 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 (exp4/30/2007) Notice Disclosure Office of Housing I e~ I Rights and Protections nder the .RA Servicemembers on "active duty" or "active service," or a dependent of such a servicemember may be entitled to certain legal protections and debt relief pursuant to the Servicemembers Civil Relief Act (50 USC App. §§ 501-596) (SCRA). Who Mav Be Entitled to .egal Protection lnder the 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 ervicemember ntitled To nder the RAC 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 Re~~est 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 1 S' Federal Credit Union, ATTN: Arlanda Dintaman, SOOO Louise Drive, Mechanicsburg, Pennsylvania, 17055, The phone number is toll free (800) 283-2328. How Does a ervicemember or Dependent Obtain Information Abo ~t the 4C'RA~ The U. S. Department of Defense's information resource is "Military OneSource". Website: http://www.militarvonesource com The toll free telephone number for Military OneSource are: o From the United States: ]-800-342-9647 . o From outside the United States (with applicable access code): 800-3429-6477 o International Collect (through long distance operator): I-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://lesalassistance law of mil/content/locatorphp form HUD-92070 (2/2007) Form 3877 Page: 1 Mailer's Name and Address: Permit Number: MAC Cert. Ver. Num. Members 1st Federal Credit Union 9223844001 SendSuite -MAC v6.00,6.O1.I >000 Louise Dr Sequence Number: MECHANICSBURG, PA 17055 0000465 ~c ID #/ Addressee Name Postage ES ES Insur Due 7mtal 4rticle # Delivery Address Type Fee ed Sende l:;harge 2900000042779 john J Newman 0.610 917108213339359$074519 149 Pleasant Grove Road Mechanicsburg, PA 17050 .e ' ~P~\GSB U RG A,9 ~ ~ ~: v ~ ~ APA 122010 ~' ~; ~= 4.510 Page Totals: 8 4.130 31.200 35.330 Cum Totals: 8 4.130 31.200 35.330 USPS CERTIFICATION Total Number of Pieces Received: _~_ Row y~P~ P Signature ofReceiv' Employee ~u~ ~~~ win MiM S' IK11N+:'+ Exhibit «E" JOG42509b6 A~~, ~ ~c ~ ~. MAl1.!^D F320M ZIP CODE . 7C ~ 5 C 2.800 0.00 ERR 1.100 3El~S 1 ~ ~ F'EDERAI. IN ~'HE COURT OF COMZvION PLEAS 1T UNIQN CUMBEItI,AND CQUNTY, YENbiSXLVAN,iA PLAINTIF>~' Vs. NO.. J. NEWMAN i~Eh'ENDAN'f : CNIL AC'1'lON-LAW-Iv,[OR.TGAGE :FORECLOSURE VERJ~XCAT~O~T i, Arlazzda DintabgGan, Co~ateral Liquidation. Specialist for Members 1st k'ederal Union, beiuag authoxizcd to do so vn, behalF of 1VIembezs t~` Federal Credit Uztion, verify that the statemetts made in the foregoing Pleading are true and correct to best of my infor:matio~x laiowledge anal belied X tuiderstand that false statements are subject to the Pex~,alties of 1$ Pa. C.S.A. Section 4904, :relating to wasworn to authorities. Members 1st Federal Credit Uztiov. $y. ~ ~r li'I Arlanda ITintaman, Cohateral Liquidation Specialist 6