HomeMy WebLinkAbout11-5477201 JUL - 6 A1111:
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Karl M. Ledebohm, Esquire
P.O. Box 173
New Cumberland, PA 17070-0173
(717)938-6929
MEMBERS 1sT FEDERAL
CREDIT UNION
PLAINTIFF
Vs.
ANASTASIA L. SHIVE alk/a
ANASTASIA SHIVE
DEFENDANT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. I ?7 7? 1. l Vl
I
: CIVIL ACTION -LAW
MORTGAGE FORECLOSURE
NOTICE TO DEFEND AND CLAIM RIGHTS
THIS LAW OFFICE IS A DEBT COLLECTOR AND WE ARE
ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY
INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE
OF COLLECTING THE DEBT.
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims
set forth in the following pages, you must take action within twenty (20) days after this
Complaint and Notice are served by entering a written appearance personally or by
attorney and filing in writing with the Court your defenses or objections to the claims set
forth against you. 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 fiuther 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.
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IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE
ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY
OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO
FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(717)249-3166 OR (800)990-9108
NOTICIA
Le han demandado a usted en la corte. Si usted guiere defenderse de estas
demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al
partir de la fecha de la demanda y la notification. Usted debe presentar una apariencia
escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o
sus objectiones a las demandas en contra suya.
Se ha avisado que si usted no se defiende, la corte tomara medidas y puede entrar
una orden contra usted sin previo aviso o notification y por cualquier queja o alivio que
es pedido en la peticion de demanda. USTED PUEDE PERDER DINERO O OTROS
DERECHOS IMPORTANTES PARA USTED.
LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI
USTED NO TIENE O CONOCES UN ABOGADO, VAYA EN PERSONA O
LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE
ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SU PUEDE
CONSEGUIR ASISTENCIA LEGAL.
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(717)249-3166 OR (800)990-9108
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.(I977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF
THE DEBT OR ANY PORTION THEREOF. UNLESS YOU DISPUTE THE
VALIDITY OF THE DEBT OR ANY PORTION THEREOF WITHIN THIRTY (30)
DAYS OF THE RECEIPT OF THIS NOTICE, COUNSEL FOR PLAINTIFF WILL
ASSUME THE DEBT TO BE VALID.
IF DEFENDANT(S) NOTIFY COUNSEL FOR PLAINTIFF IN WRITING WITHIN
THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR
PLAINTIFF WILL OBTAIN AND MAIL TO DEFENDANT(S) WRITTEN
VERIFICATION OF THE DEBT. LIKEWISE, IF DEFENDANT(S) PROVIDE
COUNSEL FOR PLAINTIFF WITH A WRITTEN REQUEST 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/OR 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
MEMBERS 1sT FEDERAL IN THE COURT OF COMMON PLEAS
CREDIT UNION CUMBERLAND COUNTY,
PENNSYLVANIA
PLAINTIFF
Vs. NO.:
ANASTASIA L. SHIVE a/k/a
ANASTASIA SHIVE
DEFENDANT : CIVIL ACTION-LAW
MORTGAGE FORECLOSURE
COMPLAINT
AND NOW, comes Members 1St Federal Credit Union, the Plaintiff in the above
captioned matter, by and through its attorney Karl M. Ledebohm, Esquire, and makes the
following complaint:
1
Plaintiff, Members Ist Federal Credit Union ("Members I"), is a National
Federal Credit Union having a principal address of 5000 Louise Drive,
Mechanicsburg, PA 17055.
2. Anastasia L. Shive a/k/a Anastasia Shive ("Defendant"), is an adult individual
having a last known address of 36 Drexel Place, New Cumberland, PA 17070.
3. On or about November 22, 2010, Defendant borrowed from and agreed to
repay to Members 1st SIXTY-ONE THOUSAND AND 00/100 ($61,000.00)
dollars (the "Loan"). The Loan is evidenced by a Note dated November 22,
2010 (the "Note") executed and delivered to Members 1 st 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 I st a
mortgage ("Mortgage") also dated November 22, 2010, on all that certain real
estate and improvements erected thereon situate in Lower Allen Township,
Cumberland County, Pennsylvania, known and numbered as 36 Drexel Place,
New Cumberland, PA 17070 (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 January 3, 2011, the Mortgage was recorded in the Cumberland
County Recorder of Deeds Office at Instrument Number 201100039. 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 1St monthly installments of principal and interest in the amount of at
least $789.00 each, together with escrow in the amount of $144.57 per month,
or a total monthly payment in the amount of $933.57 beginning on January 1,
2011 and continuing on or before the 1St 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 for the months of February 2011 through June 2011, 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, through its mortgage servicer, Midwest Loan Services, Inc.,
("Midwest") 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. M by letter dated
April 14, 2011, addressed to Defendant via certified mail, return receipt
requested. A copy of the said notice is attached hereto as Exhibit "D" and
made part hereof.
10. A copy of the electronic tracking confirmation evidencing the mailing of said
Notice(s) is attached hereto as Exhibit "E" and made part hereof.
3
11.
12
Simultaneously, Members I", through its mortgage servicer, Midwest,
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 Midwest. The Notice(s) forwarded to Defendant
in said manner have not been returned to the offices of Midwest as
undeliverable or otherwise.
As of July 1, 2011, Defendant is indebted to Members 0 in the amount of
SEVENTY-TWO THOUSAND ONE HUNDRED THIRTY-SEVEN and
78/100 ($72,137.78) dollars itemized as follows:
a. Outstanding principal
b. Interest to July 1, 2011
c. Late fees
d. Corporate Advances
e. Attorney fees
f. Total due to Members 1St as of 7/1/2011
$60,693.41
2,879.88
23.02
5,741.47
2,800.00
$72,137.78
The above attorney's fees and expenses are calculated through sheriff sale and
are in accordance with Defendant's agreements as set forth in the underlying
Mortgage and the Note. If the Mortgage is reinstated prior to a Sheriff's Sale,
the attorney's fees and expenses set forth above may be less or more than the
amount demanded above based upon work actually performed. Defendant(s)
will be responsible for actual reasonable legal fees incurred by Members 1St in
this matter subject to any limitation contained in the Note, if any.
4
13. 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
amounts set forth in paragraph 12 above, costs incurred by Members 1St as a
result of the institution of these legal proceedings.
14. The obligation owed to Members 0 continues to accrue interest at the rate of
$15.78 per day, through the date of payment including on and after entry of
judgment on this complaint and continues to accrue late charges, fees,
expenses and attorney's fees.
15. As set forth above, Members 1 st 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 j udgment,
IN REM, against Defendant, Anastasia L. Shive, in the amount of SEVENTY-TWO
THOUSAND ONE HUNDRED THIRTY-SEVEN and 78/100 ($72,137.78) DOLLARS
plus interest at the rate of $15.78 per day, through the date of judgment and on and after
judgment until the date of payment, additional legal fees and costs of suit as well as other
costs and charges collectable under the Mortgage and for foreclosure and sale of the
mortgaged property.
Respectfull bmitted
Z1
Date: • rJ l1 o
arl M. Ledebohm, Esq.
Supreme Court ID 59012
P.O. Box 173
New Cumberland, PA 17070-0173
(717)938-6929
Attorney for Plaintiff
5
NOTE
NOVEMBER 22ND, 2010
[Date]
MECHANICSBURG
[city]
36 DREXEL PLACE, NEW CUMBERLAND, PA 17070
[Property Address)
LOAN 4:448021
PA
[State]
1. BORROWER'S PROMISE TO PAY
In return for a loan that I have received, I promise to pay U. S. $ 61, 000.00 (this amount is called "Principal"),
plus interest, to the order of the Lender. The Lender is MEMBERS 1ST FEDERAL CREDIT UNION
I will make all payments under this Note in the form of cash, check or money order.
I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled
to receive payments under this Note is called the "Note Holder."
2. INTEREST
Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly rate
of 9.490 %.
The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(13) of
this Note.
3. PAYMENTS
(A) Time and Place of Payments
I will pay principal and interest by making a payment every month.
I will make my monthly payment on the 1ST day of each month beginning on JANUARY 1ST, 2011 . I will
make these payments every month until I have paid all of the principal and interest and any other charges described below that I
may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before
Principal. If, on DECEMBER 1ST, 2020 , I still owe amounts under this Note, I will pay those amounts in full on that date,
which is called the "Maturity Date."
I will make my monthly payments at 5000 LOUISE DRIVE, MECHANICSBURG, PA 17055
or at a different place if required by the Note Holder.
(B) Amount of Monthly Payments
My monthly payment will be in the amount of U. S. $ 789.00
4. BORROWER'S RIGHT TO PREPAY .
I have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a
"Prepayment." When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. I may not designate a payment
as a Prepayment if I have not made all the monthly payments due under the Note.
I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my
Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my Prepayment to
the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the Principal amount of the
Note. If I make a partial Prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the
Note Holder agrees in writing to those changes.
VMPTISTATE FIXED RATE NOTE - Single Fam Ry _ Fannie MeelFreddis Mac UNIFORM INSTRUMENT
Form 3200 1101
Wolters Kluw or Financial Services VM P5 N (1001).01
Page 1 of 3
Exhibit "A"
5. LOAN CHARGES
If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other
loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge
shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from me
which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the
Principal I owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as
a partial Prepayment.
6. BORROWER'S FAILURE TO PAY AS REQUIRED
(A) Late Charge for Overdue Payments
If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days after
the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5, o 0 o % of
my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment.
(B) Default
If I do not pay the full amount of each monthly payment on the date it is due, I will be in default.
(C) Notice of Default
If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a
certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the
interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered
by other means.
(D) No Waiver By Note Holder
Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above,
the Note Holder will still have the right to do so if I am in default at a later time.
(E) Payment of Note Holder's Costs and Expenses
If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be
paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those
expenses include, for example, reasonable attorneys' fees.
7. GIVING OF NOTICES
Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by
delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if l give the Note
Holder a notice of my different address.
Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class
mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different
address.
8. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this
Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also
obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or
endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under
this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of
the amounts owed under this Note.
9. WAIVERS
I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor.
"Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the
right to require the Note Holder to give notice to other persons that amounts due have not been paid.
MULTISTATE FIXED RATE NOTE -Single Family - Fannie M ae/Freddie Mac UNIFORM INSTRUMENT
Wolters Kluwer Financial Services Form 3200 1101
VMP5N (1001).01
Page 2 of 3
10. UNIFORM SECURED NOTE
This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the
Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument"), dated the same date as this
Note, protects the Note Holder from possible Iosses which might result if I do not keep the promises which I make in this Note,
That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all
amounts I owe under this Note. Some of those conditions are described as follows:
If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is
not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written
consent, Lender may require immediate payment in full of all sums secured by this Security Instrument,
However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law.
If Lender exercises this option, Lender shall give Borrower notice of acceleration, The notice shall
provide a period of not less than 30 days from the date the notice is given in accordance with Section 15
within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these
sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security
Instrument without further notice or demand on Borrower.
WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED.
Borrower
j
U
ANASTASIA L SHIVE Date Date
(Seal) (Seal)
Date Date
(Seal) (Seal)
(Sign Original Only]
Refer to the attached Signature Addendum for additional parties and signatures.
MULTISTATE FIXED RATE NOTE -Single Family -Fannie Mae/Freddle Mac UNIFORM INSTRUMENT
VMP ® Form 3200 1101
Wolters Kluwer Financial Services VMP5N (1001).01
Page 3 of 3
ALL THAT CERTAIN lot or piece of land, situate in the Township of Lower Allen, C'ount), of
Cumberland, and Commonwealth of Pennsylvania, bounded and described in accordance with
Plan showing Foxlea Residential Community Village One, Phase One, Section B, made by Gerrit
J. Betz Associates, Inc., dated November 3, 1978, and last revised February 27, 1979, as
recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, on Apr,!
17, 1979, in Plan Book 26, Page 50, known as Unit No. 36 in Building "F'', consisting ' 5, 002
square feet and described on said As Built Plan by metes and bounds which descripti:)n is
likewise herein incorporated by reference.
TOGETHER with a residence situate thereon known and numbered as 36 Drexel Place, New
Cumberland, Pennsylvania, 17070
UNDER AND SUBJECT to the covenants, restrictions, easements, charges, liens, terms rights.
agreements, conditions, exceptions, reservations and exclusions as contained and tnore Fully set
forth in Trust Deed between Foxlea Nominee Corp and Cumberland County National Bnnk arul
Trust Company, dated Novemhet• 21, 1973 and recorded in the Office of the Recorder o/ Deeds
in and for Cumberland County in Deed Book "K" Volw?n L, 25, Page 9/2, cis amenclec' bi ____
men ment thereto, ate August 26, 1974 and recorded in the Office aforesaid, in Deed Book
"•T", Volume 25, Page 470, and by Amendment thereto dated April 21, 1975 and recorded in the
Office aforesaid, in Deed Book 'A ", Volume 26, Page 303, and any amendments to the
foregoing as may be made from time to time.
UNDER AND SUBJECT to easements, rtghts granted to public utilities aticl other rights,
covenants and restrictions of record.
The Grantee, for and on behalf of the Grantee, his heirs, personal repres'eritthi's C , sVe 'Ossors
and assigns, by acceptance and recordation of this Deed, acknowledge that this oriveyartce is
subject in every respect to the aforesaid Trust Deed by Foxlea Nominee Corp,, to Cumberland
County National Bank and Trust Company, dated November 21, 197.3 chid recorded in the Office
of the Recorder of Deeds in and for Cumberland County in Deed Boole -K ", Volume 2 S Page
912, as amended by Amendmeni thereto, dated August 26, 1974 and recorded in the OJ icc
aforesaid, in Deed Book "T" Volume 25, Page 470, and by Amendment thereto dated •lp,'il 21.
1975 and recorded in the Office aforesaid, in Deed Book 'A ", Volume 26, Page 303, and any
umendments to the foregoing as may be made from time to time, and all Anzeridments thereto,
acknowledge that each and every provision thereof is essential to the successful operation and
management of Foxlea Residential Community, and in the best interest and for the hem/it of ull
Lot Owners therein; and covenants and agrees, as a covenant running with the lad, to abide by
each and every provision of the aforesaid documents.
Being the same property which Kevin J. Gore, by his deed dated December 17, 2008 and recorded in the
Cumberland County Recorder of deeds office at Instrument No.: 200840764 granted and conveyed onto
Anastasia Shive.
Being Parcel No.: 13-25-0008-002A-OF-36-1
. 14
Exhibit "B"
"" ? AI9100319UQ11N
Prepared By:
Return To:
MEMBERS 1ST FEDERAL CREDIT UNION
5000 LOUISE DRIVE
MECHANICSBURG, PA 17055
800-283-2328
Parcel Number: 13-25-0008-002A-UF-36-All
Premises: 36 DREXEL PLACE
NEW CUMBERLAND, PA 17070
[Space Above This Line For Recording Datal
MORTGAGE
DEFINITIONS
Words used in multiple sections of this document are defined below and other words are defined in
Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are
also provided in Section 16.
(A) "Security Instrument" means this document, which is dated NOVEMBER 22ND, 2010
together with all Riders to this document.
(B) "Borrower" is ANASTASIA L SHIVE
Borrower is the mortgagor under this Security Instrument.
PENNSYLVANIA -Single Family-Fannie Mae/Freddie Mee UNIFORM INSTRUMENT
VMP® Form 3039 1101 Wolters Kluwer Financial Services VMP6(PA) (0907).00
Page 1 of 17
Exhibit "C"
(C) "Lender" is MEMBERS 1ST FEDERAL CREDIT UNION
Lender is a FEDERAL CREDIT UNION
organized and existing under the laws of UNITED STATES OF AMERICA
Lender's address is 5000 LOUISE DRIVE, MECHANICSBURG, PA 17055
Lender is the mortgagee under this Security Instrument.
(D) 'Note" means the promissory note signed by Borrower and dated NOVEMBER 22ND, 2010
The Note states that Borrower owes Lender SIXTY ONE THOUSAND AND NO1100 .
Dollars
(U.S. $ 61,000.00 } plus interest. Borrower has promised to pay this debt in regular Periodic
Payments and to pay the debt in full not later than DECEMBER 1ST, 2020
(E) "Property" means the property that is described below under the heading "Transfer of Rights in the
Property. "
(F) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges
due under the Note, and all sums due under this Security Instrument, plus interest.
(G) 'Riders" means all Riders to this Security Instrument that are executed by Borrower, The following
Riders are to be executed by Borrower [check box as applicable]:
? Adjustable Rate Rider ? Condominium Rider ? Second Home Rider
? Balloon Rider [? Planned Unit Development Rider ? 1-4 Family Rider
? VA Rider ? Biweekly Payment Rider ? Other(s) [specify]
(M "Applicable Law" means all controlling applicable federal, state and local statutes, regulations,
ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final,
non-appealable judicial opinions.
(1) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other
charges that are imposed on Borrower or the Property by a condominium association, homeowners
association or similar organization.
(,n "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by
check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic
instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit
or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller
machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers.
(K) "Escrow Items" means those items that are described in Section 3.
(L) 'Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid
by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i)
damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the
PENNSYLVANIA•Single Family-Fannie Mae/Freddie Mee UNIFORM INSTRUMENT Form 3039 1/01
VMP® VMP6(PA) (0907).00
Wolters Kluwer Financial Services Page 2 of 17
Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the
value and/or condition of the Property.
(Nn "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on,
the Loan.
1 (1) 'Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the
' Note, plus (ii) any amounts under Section 3 of this Security Instrument.
(O) "RESPA" means the Real Estate Settlement Procedures Act (12 U. S. C. Section 2601 et seq.) and its
implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to
time, or any additional or successor legislation or regulation that governs the same subject matter. As used
in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard
to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage
loan" under RESPA.
(P) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or
not that party has assumed Borrower's obligations under the Note and/or this Security Instrument.
TRANSFER OF RIGHTS IN THE PROPERTY
This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and
modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this
Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to
Lender the following described property located in the COUNTY [Type of Recording Jurisdiction]
of CUMBERLAND [Name of Recording Jurisdiction]:
SCHEDULE "A" ATTACHED
which currently has the address of
36 DREXEL PLACE [Street]
NEW CUMBERLAND [City], Pennsylvania 17070 [Zip Code]
("Property Address"):
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TOGETHER WITH all the improvements now or hereafter erected on the property, and all
easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and
additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this
Security Instrument as the "Property."
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has
the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for
encumbrances of record. Borrower warrants and will defend generally the title to the Property against all
claims and demands, subject to any encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform
covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real
property.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges.
Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any
prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items
pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U. S.
currency. However, if any check or other instrument received by Lender as payment under the Note or this
Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments
due under the Note and this Security Instrument be made in one or more of the following forms, as
selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or
cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a
federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer.
Payments are deemed received by Lender when received at the location designated in the Note or at
such other location as may be designated by Lender in accordance with the notice provisions in Section 15.
Lender may return any payment or partial payment if the payment or partial payments are insufficient to
bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan
current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial
payments in the future, but Lender is not obligated to apply such payments at the time such payments are
accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay
interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring
the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply
such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding
principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower
might have now or in the future against Lender shall relieve Borrower from making payments due under
the Note and this Security Instrument or performing the covenants and agreements secured by this Security
Instrument.
2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all
payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest
due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments
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shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts
shall be applied first to late charges, second to any other amounts due under this Security Instrument, and
then to reduce the principal balance of the Note.
If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a
sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and
the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received
from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be
paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or
more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall
be applied first to any prepayment charges and then as described in the Note.
Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under
the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments,.
3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due
under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due
for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a
lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c)
premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance
premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage
Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow
Items." At origination or at any time during the term of the Loan, Lender may require that Community
Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and
assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to
be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives
Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's
obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be
in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts
due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires,
shall furnish to Lender receipts evidencing such payment within such time period as Lender may require.
Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to
be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement"
is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and
Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9
and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such
amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice g?ven in
accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in
such amounts, that are then required under this Section 3.
Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply
the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can
require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and
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reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable
Law.
The Funds shall be held in an institution whose deposits are insured by a federal agency,
instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in
any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time
specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually
analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the
Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing
or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower
any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest
shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the
Funds as required by RESPA.
If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to
Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow,
as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to
Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12
monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall
notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make
up the deficiency in accordance with RESPA, but in no more than 12 monthly payments.
Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund
to Borrower any Funds held by Lender.
4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions
attributable to the Property which can attain priority over this Security Instrument, leasehold payments or
ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To
the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3,
Borrower shall promptly discharge any lien which has priority over this Security Instrument: unless
Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable
to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith
by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to
prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings
are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating
the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien
which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the
lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or
more of the actions set forth above in this Section 4.
Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or
reporting service used by Lender in connection with this Loan.
5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on
the Property insured against loss by fire, hazards included within the term "extended coverage," and any
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other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance.
This insurance shall be maintained in the amounts (including deductible levels) and for the periods that
Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of
the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's
right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may
require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone
determination, certification and tracking services; or (b) a one-time charge for flood zone determination
and certification services and subsequent charges each time remappings or similar changes occur which
reasonably might affect such determination or certification. Borrower shall also be responsible for the
payment of any fees imposed by the Federal Emergency Management Agency in connection with the
review of any flood zone determination resulting from an objection by Borrower.
If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance
coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any
particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might
not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk,
hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower
acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of
insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall
become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest
at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from
Lender to Borrower requesting payment.
All insurance policies required by Lender and renewals of such policies shall be subject to Lender's
right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as
mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal
certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premium:; and
renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender,
for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and
shall name Lender as mortgagee and/or as an additional loss payee.
In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender
may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree
in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall
be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and
Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to
hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the
work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken
promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series
of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law
requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any
interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by
Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If
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the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance
proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with
the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in
Section 2.
If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance
claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the
insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day
period will begin when the notice is given. In either event, or if Lender acquires the Property under
Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance
proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and
(b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by
Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the
coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or
to pay amounts unpaid under the Note or this Security Instrument, whether or not then due.
6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal
residence within 60 days after the execution of this Security Instrument and shall continue to occupy the
Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender
otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating
circumstances exist which are beyond Borrower's control.
7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not
destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the
Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in
order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is
determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall
promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or
condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower
shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such
purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of
progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient
to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of
such repair or restoration.
Lender or its agent may make reasonable entries upon and inspections of the Property. If it has
reasonable cause, Lender may inspect the interior of the improvements on the Property, Lender shall give
Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause.
8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application
process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's
knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender
(or failed to provide Lender with material information) in connection with the Loan. Material
representations include, but are not limited to, representations concerning Borrower's occupancy of the
Property as Borrower's principal residence.
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9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If
(a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there
is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under
this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for
enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or
regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is
reasonable or appropriate to protect Lender's interest in the Property and rights under this Security
Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing
the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien
which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable
attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including
its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to,
entering the Property to make repairs, change locks, replace or board up doors and windows, drain water
from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned
on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not
under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all
actions authorized under this Section 9.
Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower
secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of
disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting
payment.
If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the
lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless
Lender agrees to the merger in writing.
10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan,
Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason,
the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that
previously provided such insurance and Borrower was required to make separately designated payments
toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain
coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially
equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate
mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not
available, Borrower shall continue to pay to Lender the amount of the separately designated payments that
were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these
payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be
non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be
required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss
reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires)
provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires
separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage
Insurance as a condition of making the Loan and Borrower was required to make separately designated
payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to
maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's
requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and
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Lender providing for such termination or until termination is required by Applicable Law. Nothing in this
Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note.
Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it
may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage
Insurance.
Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may
enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements
are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to
these agreements. These agreements may require the mortgage insurer to make payments using any source
of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage
Insurance premiums).
As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer,
any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that
derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in
exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement
provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the
premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further:
(a) Any such agreements will not affect the amounts that Borrower has agreed to pay for
Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount
Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund.
(b) Any such agreements will not affect the rights Borrower has - if any - with respect to the
Mortgage Insurance under the Homeowners Protection Act of 1995 or any other law. These rights
may include the right to receive certain disclosures, to request and obtain cancellation of the
Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a
refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or
termination.
11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby
assigned to and shall be paid to Lender.
If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of
the Property, if the restoration or repair is economically feasible and Lender's security is not lessened.
During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds
until Lender has had an opportunity to inspect such Property to ensure the work has been completed to
Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the
repairs and restoration in a single disbursement or in a series of progress payments as the work is
completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such
Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such
Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would
be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument,
whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be
applied in the order provided for in Section 2.
In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous
Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with
the excess, if any, paid to Borrower.
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In the event of a partial taking, destruction, or loss in value of the Property in which the fair market
value of the Property immediately before the partial taking, destruction, or loss in value is equal to or
greater than the amount of the sums secured by this Security Instrument immediately before the partial
taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums
secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds
multiplied by the following fraction: (a) the total amount of the sums secured immediately before the
partial taking, destruction, or loss in value divided by (b) the fair market value of the Property
immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower.
In the event of a partial taking, destruction, or loss in value of the Property in which the fair market
value of the Property immediately before the partial taking, destruction, or loss in value is less than the
amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless
Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums
secured by this Security Instrument whether or not the sums are then due.
If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the
Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages,
Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized
to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the
sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party
that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in
regard to Miscellaneous Proceeds.
Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in
Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's
interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if
acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be
dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material
impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of
any award or claim for damages that are attributable to the impairment of Lender's interest in the :Property
are hereby assigned and shall be paid to Lender.
All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be
applied in the order provided for in Section 2.
12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for
payment or modification of amortization of the sums secured by this Security Instrument granted by Lender
to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower
or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against
any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify
amortization of the sums secured by this Security Instrument by reason of any demand made by the original
Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or
remedy including, without limitation, Lender's acceptance of payments from third persons, entities or
Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or
preclude the exercise of any right or remedy.
13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants
and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who
co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this
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Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the
terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security
Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or
make any accommodations with regard to the terms of this Security Instrument or the Note without the
co-signer's consent.
Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes
Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain
all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from
Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in
writing. The covenants and agreements of this Security Instrument shall bind (except as provided in
Section 20) and benefit the successors and assigns of Lender.
14. Loan Charges. Lender may charge Borrower fees for services performed in connection with
Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this
Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees.
In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific
fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge
fees that are expressly prohibited by this Security Instrument or by Applicable Law.
If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so
that the interest or other loan charges collected or to be collected in connection with the Loan exceed the
permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the
charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted
limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal
owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the
reduction will be treated as a partial prepayment without any prepayment charge (whether or not a
prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by
direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out
of such overcharge.
15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument
must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to
have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's
notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers
unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address
unless Borrower has designated a substitute notice address by notice to Lender, Borrower shall promptly
notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's
change of address, then Borrower shall only report a change of address through that specified procedure.
There may be only one designated notice address under this Security Instrument at any one time. Any
notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address
stated herein unless Lender has designated another address by notice to Borrower. Any notice in
connection with this Security Instrument shall not be deemed to have been given to Lender until actually
received by Lender. If any notice required by this Security Instrument is also required under Applicable
Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security
Instrument.
PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mae UNIFORM INSTRUMENT
VMP® Form 3039 1101
Wolters Kluwer Financial Services VMP6(PA) (0907).00
Page 12 of 17
16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be
governed by federal law and the law of the jurisdiction in which the Property is located. All rights and
obligations contained in this Security Instrument are subject to any requirements and limitations of
Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it
might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In
the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable
Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be
given effect without the conflicting provision.
As used in this Security Instrument: (a) words of the masculine gender shall mean and include
corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and
include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to
take any action.
17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument.
18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18,
"Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited
to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or
escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser.
If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower
is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior
written consent, Lender may require immediate payment in full of all sums secured by this Security
Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by
Applicable Law.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall
provide a period of not less than 30 days from the date the notice is given in accordance with Section 15
within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay
these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this
Security Instrument without further notice or demand on Borrower.
19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions,
Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time
prior to the earliest of (a) five days before sale of the Property pursuant to any power of sale contained in
this Security Instrument; (b) such other period as Applicable Law might specify for the termination of
Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those
conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security
Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or
agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited
to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the
purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d)
takes such action as Lender may reasonably require to assure that Lender's interest in the Property and
rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security
Instrument, shall continue unchanged, Lender may require that Borrower pay such reinstatement sums and
expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c)
certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon
PENNSYLVANIA-Single Family-Fannie MaefFreddie Mac UNIFORM INSTRUMENT
VMP® Form 3039 1/01
Wolters Kluwer Financial Services VMP6(PA) (0907).00
Page 13 of 17
an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic
Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby
shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not
apply in the case of acceleration under Section 18.
20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in
the Note (together with this Security Instrument) can be sold one or more times without prior notice to
Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects
Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan
servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be
one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan
Servicer, Borrower will be given written notice of the change which will state the name and address of the
new Loan Servicer, the address to which payments should be made and any other information RESPA
requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is
serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations
to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not
assumed by the Note purchaser unless otherwise provided by the Note purchaser.
Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an
individual litigant or the member of a class) that arises from the other party's actions pursuant to this
Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by
reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such
notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the
other party hereto a reasonable period after the giving of such notice to take corrective action. If
Applicable Law provides a time period which must elapse before certain action can be taken, that time
period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and
opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to
Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective
action provisions of this Section 20.
21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those
substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the
following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides
and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials;
(b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that
relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response
action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental
Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental
Cleanup,
Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous
Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do,
nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental
Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a
Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding
two sentences shall not apply to the presence, use, or storage on the Property of small quantities of
PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT
VMP® Form 3038 1101
P6(PA) (0907).00
Wolters Kluwer Financial Services VM Page 14 of 17
Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to
maintenance of the Property (including, but not limited to, hazardous substances in consumer products).
Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit
or other action by any governmental or regulatory agency or private party involving the Property and any
Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any
Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of
release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a
Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified
by any governmental or regulatory authority, or any private party, that any removal or other remediation
of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary
remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on
Lender for an Environmental Cleanup.
NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following
Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to
acceleration under Section IS unless Applicable Law provides otherwise). Lender shall notify
Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) when
the default must be cured; and (d) that failure to cure the default as specified may result in
acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and
sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration
and the right to assert in the foreclosure proceeding the non-existence of a default or any other
defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender at
its option may require immediate payment in full of all sums secured by this Security Instrument
without further demand and may foreclose this Security Instrument by judicial proceeding. Lender
shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22,
including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by
Applicable Law.
23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument
and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge
and satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender may charge
Borrower a fee for releasing this Security Instrument, 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.
24. Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases any error or
defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or
future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale,
and homestead exemption.
25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one
hour prior to the commencement of bidding at a sheriffs sale or other sale pursuant to this Security
Instrument.
26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to
Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage.
27. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is
entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time
under the Note.
PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT
VMPQ9 Form 3039 1/01
Wolters Kluwer Financial Services VMP6(PA) (0907).00
Page 15 of 17
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this
Security Instrument and in any Rider executed by Borrower and recorded with it.
Witnesses:
- ? ` (Sea!)
ANASTASIA L SHIVE -Borrower
_ (Seal)
-Borrower
_ (Seal)
-Borrower
_ (Seal)
-Borrower
_ (Seal)
-Borrower
- (Seal)
Borrower
-_ (Seal)
-Borrower
__ (Seal)
-Borrower
PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT
VMP® form 3039 1/01
Wolters Kluwer Financial Services VMP6(PA) (0907).00
Page 16 of 17
COMMONWEALTH OF PENNSYLVANIA, CUMBERLAND
On this, the 22ND day of NOVEMBER 2010
undersigned officer, personally appeared ANASTASIA L SHIVE
County ss:
, before me, the
known to me (or
satisfactorily proven) to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged that he/she/they executed the same for the purposes herein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
My Commission Expires:
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Jody L Travis, Notary Pubilc
Lower Allen Twp , Cumberland County
My Commission Expires Sept. 29, 2012
Member, Pennsy!varia Association of Notaries
Title of Officer
Certificate of Residence n
I, 01V?? JIY I do hereby certit( that
the correct athe within-named Mortgagee is 5000 LOUISE DRIVE, MECHANICSBURG,
PA 17055
Witness my hand this 22ND day of NOVEMBER 2010
Agent of Mortgagee
PENN SYLVANIASingleFamily -Fannie Mae/FreddieMac UNIFORM INSTRUMENT
VMP® Form 3039 7101
P6(PA) (0907).00
Wolters Kluwer Financial Services VM Page 17 of 17
OrderID:626077
Parcel Number 13-25-0008-002A-OF-36-1
LEGAL DESCRIPTION
ALL THAT CERTAIN lot or piece of land, situate in the Township of Lower Allen, County of Cumberland and
Commonwealth of Pennsylvania, bounded and described in accordance with Plan showing Foxlea Residential
Community Village One, Phase One, Section B, made by Gerrit J. Betz Associates, inc., dated November 3, 1978, and
last revised February 27, 1979, as recorded in the Office of the Office of the Recorder of Deeds of Cumberland County,
Rennsylvania, on April 17, 1979, in Plan Book 26, Page 50, known as Unit No. 36 in Building "F", consisting of 5,002
square feet and described on said As Built Plan by metes and bounds which description is likewise herein Incorporated
by Reference.
Subject to any restrictions, easements and/or adverses that pertain to this property.
ROBERT P. ZIEGLER
RECORDER OF DEEDS
CUMBERLAND COUNTY
1 COURTHOUSE SQUARE
CARLISLE, PA 17013
717-240-6370
Instrument Number - 201100039
Recorded On 1/3/2011 At 9:20:42 AM
* Instrument Type - MORTGAGE
Invoice Number - 79572 User ID - ES
* Mortgagor - SHIVE, ANASTASIA
* Mortgagee - MEMBERS 1ST FEDERAL CR UN
* Customer - UNITED ONE RESOURCES INC
* FEES
STATE WRIT TAX $0.50
STATE JCS/ACCESS TO $23.50
JUSTICE
RECORDING FEES - $39.50
RECORDER OF DEEDS
PARCEL CERTIFICATION $10.00
FEES
AFFORDABLE HOUSING $11.50
COUNTY ARCHIVES FEE $2.00
ROD ARCHIVES FEE $3.00
TOTAL PAID $90.00
* Total Pages - 19
Certification Page
DO NOT DETACH
This page is now part
of this legal document.
I Certify this to be recorded
in Cumberland County PA
c? cuyi
0
0 RECORDER O D rS
1730
* - Information denoted by an asterisk may change during
the verification process and may not be reflected on this page.
1111111111111111111111111111
7011 0470 0001 6340 5940
MIDWEST LOAN SERVICES, INC.
616 SHELDEN AVENUE, SUITE 300
P0BOX144
HOUGHTON, MI 49931-0144
800-262-6574
April 14, 2011
ANASTASIA SHIVE
36 DREXEL PL
NEW CUMBERLAND PA 17070
RE: Loan # 72991
NOTICE OF INTENTION TO FORECLOSE AND ACCELERATE LOAN BALANCE
Under Section 403 of Pennsylvania Act No. 6 of 1974
The Mortgage held by MEMBERS 1 ST FCU, on your property located at 36 DREXEL
PL, NEW CUMBERLAND PA 17070 IS IN SERIOUS DEFAULT because you have not
made the monthly payment of $ 933.57 from February 2011 through April 2011. Late
charges have also accrued to this date and the total amount now required to cure this
default, or in other words, get caught up in your payments, as of the date of this letter is
$2,897.63.
Total Principal, Interest and Escrow $2,800.71
Total Current Late Charges $ 23.02
Total Deferred Late Charges $ 78.90
Total Current NSF Charges $ .00
Total Deferred NSF Charges $ .00
Other Fees $ .00
Less Money in Suspense $ 5.00
Total Due $2,897.63
You may cure this default with thirty (30) days of the date of this letter, by paying to us
the above amount of $2,897.63, plus any additional monthly payments and late
charges which may fall due during this period Such payment must be made either
by cash, cashier's check, certified check or money order and made at the office of
Midwest Loan Services, Inc., 616 Shelden Ave, Suite 300, PO Box 188, Houghton, MI
49931.
If you do not cure the default with THIRTY (30) DAYS, we intend to exercise our right to
accelerate the mortgage payments. This means that whatever is owing on the original
amount borrowed will be considered due immediately and you may lose the chance to
pay off the original mortgage in monthly installments. If full payment of the amount of
Exhibit "D"
701 1 0470 0001 6340 5940
default is not made within THIRTY (30) DAYS, we also intend to start a lawsuit to
foreclose your mortgaged property. If the mortgage is foreclosed, your mortgaged
property will be sold by the Sheriff to pay off the mortgage debt. If we refer your case to
our attorneys, but your cure the default before they begin legal proceedings against you,
you will still have to pay the reasonable attorney's fees actually incurred, up to $50.00.
However, if legal proceedings are started against you, you will have to pay the reasonable
attorney's fee even if they are over $50.00. Any attorney's fees will be added to whatever
you owe us, which may also include our reasonable costs. If you cure the default within
the thirty-day period, you will not be required to pay attorney's fees. We may also sue
you personally for the unpaid principal balance and all other sums due under the
mortgage.
If you have not cured the default within the thirty-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 Sheriff's foreclosure sale. You may do so by paying the total
amount of the unpaid monthly payments plus any late or other charges then due, as well
as the reasonable attorney's fees and costs connected with the foreclosure sale (and
perform any other requirements under the mortgage). It is estimated that the earliest date
that such a Sheriff's sale could be held would be approximately three (3) months from the
above date. A notice of the date of the Sheriff 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 will be by calling us at the
following number; 800-262-6574 x0. This payment must be in cash, cashier's check,
certified check or money order and made payable to us at the address stated above.
You should realize that a Sheriff's sale will end your ownership of the mortgaged
property and your right to remain in it. If you continue to live in the property after the
Sheriff s sale, a lawsuit could be started to evict you.
You have additional rights to help protect your interest in the property. YOU HAVE THE
RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE
DEBT, OR TO BORROW FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS
DEBT. (YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE PROPERTY
SUBJECT TO THE MORTGAGE 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 UNDER THE MORTGAGE ARE
SATISFIED. CONTACT US TO DETERMINE UNDER WHAT CIRCUMSTANCES 'THIS
RIGHT MIGHT EXIST) YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY
ANY THIRD PARTY ACTING ON YOUR BEHALF.
If you cure the default, the mortgage will be restored to the same position as it no default
had occurred, However, you are not entitled to this right to cure your default more than
three times in any calendar year.
Sincerely,
Loan Counselor
7011 0470 0001 6340 5940
• Mailed Certified on April 14, 2011
Certified Receipt No.: 7011 0470 0001 6340 5940
Return Receipt Requested
IMPORTANT: PLEASE READ
In addition, except for FHA-insured loans, you will receive another notice from us under
Act 91 of 1983. That notice is called "Notice of Homeowners' Emergency Mortgage
Assistance Act of 1983". That notice will explain certain other rights that you might
have under Act 91 of 1983. You MUST read both notices since they both explain rights
that you now have under Pennsylvania law. The time limits for Lender's Action as
explained in this Act 6 Notice might be substantially changed if you choose to apply for
Mortgage Assistance under Act 91 of 1983. If you choose to exercise your rights
described in Act 91 of 1983 Notice, we cannot foreclose upon your home during that
time. Also, if upon application for Mortgage Assistance, and if mortgage assistance is
granted from the Pennsylvania Housing Finance Agency, your home cannot be foreclosed
upon while you are receiving the assistance.
By
C?g,a?
Loan Counselor
IF YOUR PERSONAL LIABILITY FOR THE MORTGAGE NOTE HAS BEEN
DISCHARGED IN BANKRUPTCY YOU WILL NOT BE HELD PERSONALLY
RESPONSIBLE FOR NON-PAYMENT OF THE DEBT. HOWEVER FORECLOSURE OF
YOUR HOME WILL STILL OCCUR UNDER THE TERMS OF THE MORTGAGE
CONTRACT IF YOUR ACCOUNT IS NOT BROUGHT CURRENT
7011 0470 0001 6340 5940
April 14, 2011
i) ACT 91 NOTICE
DATE OF NOTICE: April 14, 2011
TAKE ACTION TO SAVE
YOUR HOME FROM
FORECLOSURE
This is an official notice that the mortgage on your home is in default, and
the lender intends to foreclose. Specific information about the nature of the
default is provided in the attached pages.
The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP)
may be able to help to save your home. This Notice explains how the
program works.
To see if HEMAP can help, you must MEET WITH A CONSUMER
CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF
THIS NOTICE. Take this Notice with you when you meet with the
Counseling Agency.
any questions, you may call the Pennsylvania Housing Finance Agency toll
free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780-
1869)•
This Notice contains important legal information. If you have any questions,
representatives at the Consumer Credit Counseling Agency may be able to
help explain it. You may also want to contact an attorney in your area. The
local bar association may be able to help you find a lawyer.
LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES
AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO
COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA
TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA
(PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO
MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO
POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY
MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA
DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA.
7011 0470 0001 6340 5940
"(Must be at least 30 point type)
HOMEOWNER'S NAME(S)
PROPERTY ADDRESS:
LOAN ACCOUNT NO.:
ORIGINAL LENDER:
ANASTASIA SHIVE
36 DREXEL PL
NEW CUMBERLAND PA 17070
72991
MEMBERS 1ST FCU
CURRENT LENDER/SERVICER: Midwest Loan Services, Inc, servicing agent
for MEMBERS 1 ST FCU
11) HOMEOWNER'S EMERGENCY MORTGAGE
ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE
YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE
MORTGAGE PAYMENTS
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 THE NEXT (33) DAYS 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
701 1 0470 0001 6340 59-40
CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the
consumer credit counseling agency listed at the end of this notice, the lender may
NOT take action against you for thirty (30) days after the date of this meeting.
The names, addresses and telephone numbers of designated consumer credit
counseling, agencies for the county in which the property is located are set forth at
the end of this Notice. It is only necessary to schedule one face-to-face meeting.
Advise your lender immediately of your intentions.
APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default
for the reasons set forth later in this Notice (see following pages for specific
information about the nature of your default.) You have the right to apply for
financial assistance from the Homeowner's Emergency Mortgage Assistance
Program. To do so, you must fill out, sign and file a completed Homeowner's
Emergency Assistance Program Application with one of the designated consumer
credit counseling agencies listed at the end of this Notice. Only consumer credit
counseling agencies have applications for the program and they will assist you in
submitting a complete application to the Pennsylvania Housing Finance Agency.
To temporarily stop the lender from filing a foreclosure action, your application
MUST be filed or postmarked 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.
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.
701 1 0470 0001 6340 5940
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF
APETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE
IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE
CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT.
(If you have filed bankruptcy you can still apply for Emergency Mortgage
Assistance.)
mm) 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: The Mortgage held by MEMBERS 1 ST FCU, on your property
located at 36 DREXEL PL, NEW CUMBERLAND PA 17070 IS SERIOUSLY IN
DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS
of $ 933.57 from February 2011 through April 2011. Late charges have also accrued to
this date and the total amount now required to cure this default, or in other words, get
caught up in your payments, as of the date of this letter is $2,897.63.
Total Principal, Interest and Escrow $2,800.71
Total Current Late Charges $ 23.02
Total Deferred Late Charges $ 78.90
Total Current NSF Charges $ .00
Total Deferred NSF Charges $ .00
Total Miscellaneous Fees $ .00
Less Money in Suspense $, ,. 5.00
Total Due $2,897.63
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 $2,897.63, 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 monev order
made payable and sent to:
Midwest Loan Services, Inc.
616 Shelden Ave., Suite 300
PO Box 188
Houghton, MI 49931
7011 0470 0001 6340 5940
IF YOU DO NOT CURE THE DEFAULT--If you do not cure the default within THIRTY
(30) DAYS of the date of this Notice, the lender intends to exercise its rights to
accelerate the mortgage debt. This means that the entire outstanding balance of this
debt will be considered due immediately and you may lose the chance to pay the
mortgage in monthly installments. If full payment of the total amount past due is not
made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start
legal action to foreclose upon your mortgaged property.
IF THE MORTGAGE IS FORECLOSED UPON -- The mortgaged property will
be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case
to its attorneys, but you cure the delinquency before the lender begins legal
proceedings against you, you will still be required to pay the reasonable attorney's
fees that were actually incurred, up to $50.00. However, if legal proceedings are
started against you, you will have to pay all reasonable attorney's fees actually
incurred by the lender even if they exceed $50.00. Any attorney's fees will be
added to the amount you owe the lender, which may also include other reasonable
costs. If you cure the default within the THIRTY (30) DAY period, you will
not be required to pay attorney's fees.
OTHER LENDER REMEDIES -- The lender may also sue you personally for the
unpaid principal balance and all other sums due under the mortgage.
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -- If you have
not cured the default within the THIRTY (30) DAY period and foreclosure
proceedings have begun, you still have the right to cure the default and prevent
the sale at any time up to one hour before the Sheriffs Sale. You may do so by
paying the total amount then past due, plus any late or other charges then due,
reasonable attorney's fees and costs connected with the foreclosure sale and any
other costs connected with the Sheriffs Sale as specified in writing by the lender
and by performing any other requirements under the mortgage. Curing your
default in the manner set forth in this notice will restore your mortgage to
the same position as if you had never defaulted.
EARLIEST POSSIBLE SHERIFF'S SALE DATE -- It is estimated that the earliest
date that such a Sheriffs Sale of the mortgaged property could be held would be
approximately 10 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.
HOW TO CONTACT THE LENDER:
Name of Lender: Midwest Loan Services, Inc.
Address: 616 Shelden Ave., Suite 300
PO Box 188
Houghton, MI 49931
701 1 0470 0001 6340 5940
Phone Number: 800-262-6574 x0
Fax Number: 906-487-5869
Contact: Ask for your assigned loan counselor
EFFECT OF SHERIFF'S SALE -- You should realize that a Sheriffs Sale will end
your ownership of the mortgaged property and your right to occupy it. If you
continue to live in the property after the Sheriffs Sale, a lawsuit to remove you
and your furnishings and other belongings could be started by the lender at any
time.
ASSUMPTION OF MORTGAGE-- You may or X 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.
nn) 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
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Label/Receipt Number: 7011 0470 0001 6340 5940 ------ - --- ---
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• Delivered, May 09, 2011, 9:12 am, HOUGHTON, MI 49931
• Processed through Sort Facility, May 06, 2011,12:37 am, HARRISBURG, PA 17107
• Unclaimed, May 05, 2011, 9:30 am, NEW CUMBERLAND, PA
• Notice Left, April 25, 2011, 10:38 am, NEW CUMBERLAND, PA 17070
• Notice Left, April 18, 2011, 2:05 pm, NEW CUMBERLAND, PA 17070
• Arrival at Unit, April 18, 2011, 6:08 am, NEW CUMBERLAND, PA 17070
• Processed through Sort Facility, April 18, 2011, 1:09 am, HARRISBURG, PA 17107
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Exhibit "E"
06/27/2011 10:10 7179320317 KARLLEDEBOHM PAGE 07107
MEMBERS lST FEDERAL
CREDIT UNION
PLAINTIFF
Vs.
ANASTASIA L. SKIVE aWa
ANASTASIA SHWE
DEFENDANT
TN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY,
PENNSYLVANIA
NO..
: CIVIL ACTION-LAW
: MORTGAGE FORECLOSURE
VERII cA TION
I, Dan summers, Collections Manager for Members 1" Federal Credit Union,
being authorized to do so on behalf of Members 1" Federal Credit Union, hereby verify
that the statements made in the foregoing pleading are true and correct to the best of my
information knowledge and belief. I understand that false statements are made subject to
the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to
authorities.
Members 1'4 Federal Credit Union
Date: ILL
Dan Summers, Collections
Manager
6
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson FILED-OFFICE
Sheriff THT PROTHONOTA? I'
Jody S Smith
Chief Deputy JUL 18 PM 1: 20
Richard W Stewart CUMBERLAND COUNTY
Solicitor _ PENNSYLVANIA
Members 1st FCU
vs. Case Number
Anastasia L. Shive 2011-5477
SHERIFF'S RETURN OF SERVICE
07/14/2011 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search
and inquiry for the within named defendant to wit: Anastasia L. Shive, but was unable to locate her in his
bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the
defendant Anastasia L. Shive. Request for service at 36 Drexel Place, New Cumberland, Pennsylvania
17070 is vacant. The New Cumberland Postmaster has confirmed, Anastasia L. Shive has moved and
left no forwarding address.
SHERIFF COST: $50.00
July 14, 2011
SO ANSWERS,
RON R ANDERSON, SHERIFF
u ?r7u? ??e?,t'f 1c c ?,7?t ?,,c
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson FEL ED-0FF!C'P
Sheriff o4 C1111t1f;"11,04 O THE PRQTHOMO TA,RY
Jody S Smith 2011 AU G 19 PH Z- ?3
Chief Deputy
Richard W Stewart CUMMMAND COUNTY
Solicitor PEWWOANIA
Members 1st FCU I Case Number
vs. 2011-5477
Anastasia L. Shive
SHERIFF'S RETURN OF SERVICE
08/01/2011 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search
and inquiry for the within named defendant, to wit: Anastasia L. Shive, but was unable to locate her in his
bailiwick. He therefore deputized the Sheriff of York County, Pennsylvania to serve the within Complaint
In Mortgage Foreclosure according to law.
08/15/2011 York County Return: And now, August 15, 2011 I, Richard P. Keuerleber, Sheriff of York County,
Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for Anastasia L. Shive
the defendant named in the within Complaint in Mortgage Foreclosure and that I am unable to find her in
the County of York and therefore return same NOT FOUND. Request for service at 447 Lewisberry Road,
Apartment B, New Cumberland, Pennsylvania 17070 the Defendant was not found. The New Cumberland
Postmaster advised, Anastasia L. Shive has moved and left no forwarding address.
SHERIFF COST: $37.44
August 18, 2011
SO ANSWERS,
1
RON R ANDERSON, SHERIFF
(O) COUITYSPA, She'rtf, 7P.30S."tt. lr.„
SHERIFF'S OFFICE OF YORK COUNTY
Richard P Keuerleber
Sheriff
Reuben B Zeager
Chief Deputy Operations
PETER J. MANGAN, ESQ.
Solicitor
Richard E Rice, II
Chief Deputy, Administration
MEMBERS 1 ST FEDERAL CREDIT UNION I Case Number
vs. 11-5477 CIVIL
ANASTASIA L. SHIVE
SHERIFF'S RETURN OF SERVICE
08/03/2011 07:08 PM - DEPUTY TODD STAHL, BEING DULY SWORN ACCORDING TO LAW, ATTEMPTED
SERVICE TO THE DEFENDANT, TO WIT: ANASTASIA L. SHIVE AT 447 LEWISBERRY ROAD,
APARTMENT B, NEW CUMBERLAND, PA 17070. THE DEFENDANT WAS FOUND TO HAVE MOVED.
08/15/2011 I, RICHARD P KEUERLEBER, SHERIFF, WHO BEING DULY SWORN ACCORDING TO LAW, STATES
HE MADE DILIGENT SEARCH AND INQUIRY FOR THE WITHIN NAMED DEFENDANT TO WIT:
ANASTASIA L. SHIVE, BUT WAS UNABLE TO LOCATE THE DEFENDANT IN HIS BAILIWICK. THE
SHERIFF THEREFORE RETURNS THE WITHIN REQUESTED COMPLAINT IN MORTGAGE
FORECLOSURE (CIMF) AS "NOT FOUND" AT 447 LEWISBERRY ROAD, APARTMENT B, NEW
CUMBERLAND, PA 17070.
PER POST OFFICE CHECK MOVED, LEFT NO FORWARDING ADDRESS.
SHERIFF COST: $41.20 SO RS,
August 15, 2011 RICHARD P KEUERLEBER, SHERIFF
NOTARY
Affirmed and subscribed to before me this O lA
C
15TH day of AUGUST 2011
LISA L. THORPE, NOTARY PUS!-10
eountvSwta Sher.ff. Tedeosol Inc CITY OF YORK, YORK COUNTY
Y COMMIEXP!RESAL'G.12.2013
Ev
' 0THON0TAR'.
'1211 SEP -2 AN 11: "17
Karl M. Ledebohm, Esquire
P.O. Box 173
New Cumberland, PA 17070-0173
(717)938-6929
MEMBERS 1sT FEDERAL
CREDIT UNION
PLAINTIFF
Vs.
ANASTASIA L. SHIVE a/k/a
ANASTASIA SHIVE
DEFENDANT
CUMBERLAND COUNTY
PENNSYLVANIA
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 11-5477 Civil
CIVIL ACTION -LAW
MORTGAGE FORECLOSURE
PRAECIPE TO REINSTATE COMPLAINT
To the Prothonotary:
Please reinstate the complaint filed in the above captioned matter.
Date: August 31, 2011
140 ??
,Karl M. Ledebohm, Esq.
Supreme Court ID #: 59012
P.O. Box 173
New Cumberland, PA 17070-0173
(717)938-6929
Attorney for Plaintiff
0
ck? ?3i s
Ronny R Anderson SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Sheriff
Jody S Smith '
py?ttt?' of ?"uniLtr.???rd ,?, j - , .
Chief Deputy
Richard W Stewart
"" ..
Solicitor
` ..Fro C '" 71. ,F I-.iR'LA`J CE,i UI1P,'
Members 1st FCU
vs.
Anastasia L. Shive Case Number
2011-5477
SHERIFF'S RETURN OF SERVICE
09/06/2011 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent sear
and inquiry for the within named defendant, to wit: Anastasia L. Shive, but was unable to locate her in his
bailiwick. He therefore deputized the Sheriff of York County, Pennsylvania to serve the within Complaint
In Mortgage Foreclosure according to law.
09/21/2011 04:53 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on
September 21, 2011 at 1653 hours, he served a true copy of the within Complaint in Mortgage
Foreclosure, upon the within named defendant, to wit: Anastasia L. Shive, by making known unto Patricia
Shive, Mother of Defendant at 635 Oak Street, Lemoyne, Cumberland County, Pennsylvania 17043 its
contents and at the same time handing to her personally the said true and correct copy of the same.
44TA Q,-?UTy
09/27/2011 York County Return: And now, September 27, 2011 I, Richard P. Keuerleber, Sheriff of York Count
Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for Anastasia L. Shive
the defendant named in the within Complaint in Mortgage Foreclosure and that I am unable to find her in
the County of York and therefore return same NOT FOUND. Request for service at 609 Ross Avenue,
New Cumberland, Pennsylvania 17070 the Defendant was not found.
SHERIFF COST: $85.44
SO ANSWERS,
October 07, 2011 ? RON R SHERIFF
"C CoultySwte- Shenff le,ecs?rl.1:?;;.
_ FIEU-OFFICE
}? THE PROTHONOTARY
Karl A Ledebohm, Esquire
P.O. Box 173
New Cumberland, PA 17070-0173
(717)938-6929
2011 NOV -3 PM 2: 30
CUMBERLAND COUNTY
PENNSYLVANIA
MEMBERS 1 FEDERAL IN THE COURT OF COMMON PLEAS
CREDIT UNION CUMBERLAND COUNTY,
PENNSYLVANIA
PLAINTIFF
Vs.
ANASTASIA L. SHIVE a/k/a
ANASTASIA SHIVE
DEFENDANT
TO THE PROTHONOTARY:
: NO.: 11-5477 Civil
CIVIL ACTION - LAW
MORTGAGE FORECLOSURE
PRAECIPE
Please enter judgment in the above captioned proceeding in favor of Members 1St
Federal Credit Union, Plaintiff, and against the Defendant, Anastasia L. Shive
a/k/a Anastasia Shive, in the amount of Seventy-four Thousand Ninety-four and
501100 ($74,094.50) Dollars, plus interest at the rate of $15.78 per day from
November 2, 2011 through the date of payment including on and after entry of
judgment, additional attorney's fees and costs of suit as well as other charges
collectable under the mortgage and for foreclosure and sale of the mortgaged
property. Judgment is entered pursuant to Pa. R.C.P. 1037 for failure to file an
Answer on behalf of Anastasia L. Shive a/k/a Anastasia Shive to Plaintiffs
Complaint within twenty (20) days of service thereof and after a 10-day Notice
was sent.
* Koo Po ?rry
C1 13'11
Date: November 2, 2011
Respe 1 submitted
Karl M. Ledebohm, Esquire
Supreme Court ID #59012
P.O. Box 173
New Cumberland, PA 17070-0173
(717)938-6929
Attorney for Plaintiff
I hereby certify that notice of intent to take a default judgment was forwarded to
Anastasia L. Shive aWa Anastasia Shive by United States Mail, First Class, postage
prepaid on October 13, 2011. The aforesaid notice was contained within an envelope
bearing the return address of the undersigned. The notice has not been returned to the
undersigned as undeliverable or otherwise.
A copy of the notice and Postal Form 3817
are attached hereto and marked Exhibit "A".
M. Ledebohm, Esquire
Karl M. Ledebohm, Esquire
P.O. Box 173
New Cumberland, PA 17070-0173
(717)938-6929
MEMBERS 1 FEDERAL
CREDIT UNION
PLAINTIFF
Vs.
ANASTASIA L. SHIVE a/k/a
ANASTASIA SHIVE
DEFENDANT
Date: October 13, 2011
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO.: 11-5477 Civil
CIVIL ACTION - LAW
MORTGAGE FORECLOSURE
IMPORTANT NOTICE
TO: Anastasia L. Shive
36 Drexel Place
New Cumberland, PA 17070
Anastasia L. Shive
635 Oak Street
Lemoyne, PA 17043
PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, I
AM REQUIRED TO INFORM YOU THAT THIS OFFICE IS A DEBT
COLLECTOR AND THIS LETTER AND ANY SUBSEQUENT
CORRESPONDENCE OR COMMUNICATION IS AN ATTEMPT TO COLLECT
A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT
PURPOSE.
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A
WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN
WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE
CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS
FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED
AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR
PROPERTY OR OTHER IMPORTANT RIGHTS.
Exhibit "A"
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF
YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION
ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE
ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY
OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO
FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(717)249-3166 OR (800)990-9108
Date: October 13, 2011
7Karl M. Ledebohm, Esq.
preme Court ID #59012
O. Box 173
New Cumberland, PA 17070-0173
(717) 938-6929
Attorney for Plaintiff
.. .. - -1 - -1 11 , ,,,mac '-CM I Irlk to I t Vr MAILING ¢
MAV BE USED r uP DOME 51,( AND iN rERNa r ZONAL MAIL DOE S NOT L 0 f
PRn•npE FORw,iiRANCE POSTMySrER ¢ z¢ -- , X10
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Karl M. Ledebohm, Esq. U U Ia
- P.O. Box 173 W
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New Cumberland, PA 17070-0173 T
'J
Anastasia L. Shive - o
635 Oak Street _ a
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Lemoyne, PA 17043 -- _ ' 4
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?wn?tKViCt CERTIFICATE OF MAILING
MAY BE USED ? vR DC ME S hC AND ?N rERNn r ?ONA1 Main DOES N;
RRO?/IOE FOR iNCLiRgNfE apSTMAS rER ¢
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Karl M. Ledebohm Esq O
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Anastasia L. Shive _ A
36 Drexel Place
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New Cumberland a
,
Lam:
,tl,.
i H I- E PROTHONOTARY
Karl M. Ledebohm, Esquire
P.O. Box 173
New Cumberland, PA 17070-0173
(717)938-6929
MEMBERS 1 ST FEDERAL
CREDIT UNION
PLAINTIFF
Vs.
ANASTASIA L. SHIVE a/k/a
ANASTASIA SHIVE
DEFENDANT
2911 NOY -3 PM 2 30
CUMBERLAND COUNTY
PENNSYLVANIA
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
: NO.: 11-5477 Civil
CIVIL ACTION - LAW
MORTGAGE FORECLOSURE
AFFIDAVIT OF NON-MILITARY SERVICE
The undersigned hereby swears and affirms on behalf of Members 1" Federal
Credit Union, the Plaintiff in the above captioned matter, that to the best of Plaintiff's
knowledge, Anastasia L. Shive a/k/a Anastasia Shive is not currently on active military
service.
Date: November 2, 2011
1 M. Lede hm, Esquire
Supreme Court ID #59012
P.O. Box 173
New Cumberland, PA 17070-0173
(717)938-6929
Attorney for Plaintiff
Karl M. Ledebohm, Esquire
P.O. Box 173
New Cumberland, PA 17070-0173
(717)938-6929
MEMBERS 1 ST FEDERAL
CREDIT UNION
PLAINTIFF
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
Vs.
ANASTASIA L. SHIVE a/k/a
ANASTASIA SHIVE
DEFENDANT
NO.: 11-5477 Civil
CIVIL ACTION - LAW
MORTGAGE FORECLOSURE
NOTICE OF JUDGMENT
PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, I AM
REQUIRED TO INFORM YOU THAT THIS NOTICE AND ANY SUBSEQUENT
CORRESPONDENCE OR COMMUNICATION IS AN ATTEMPT TO COLLECT
A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT
PURPOSE
TO: Anastasia L. Shive
36 Drexel Place
New Cumberland, PA 17070
Anastasia L. Shive
635 Oak Street
Lemoyne, PA 17043
Anastasia L. Shive
P.O. Box 389
Lemoyne, PA 17043
You are hereby notified that on Nov 3
judgment has been entered against you in the above captioned ,case 1 the following
Judgment in favor of Members 1St Federal Credit Union, Plaintiff, and against the
Defendant, Anastasia L. Shive a/k/a Anastasia Shive, in the amount of Seventy-
four Thousand Ninety-four and 501100 ($74,094.50) Dollars, plus interest at the
rate of $15.78 per day from November 2, 2011 through the date of payment
including on and after entry of judgment, additional attorney's fees and costs of
suit as well as other charges collectable under the mortgage and for foreclosure
and sale of the mortgaged property. Judgment is entered pursuant to Pa. R.C.P.
1037 for failure to file an Answer on behalf of Anastasia L. Shive a/k/a Anastasia
Shive to Plaintiff's Complaint within twenty (20) days of service thereof and after
a 10-day Notice was sent.
Dated:
thou
I hereby certify that the proper person to receive this notice under Pa. R.C.P. 236
is: Anastasia L. Shive
36 Drexel Place
New Cumberland, PA 17070
Anastasia L. Shive
635 Oak Street
Lemoyne, PA 17043
Anastasia L. Shive
P.O. Box 389
Lemoyne, PA 17043
A: Anastasia L. Shive
Por este medio se le esta notificando que el
2011, el/la siguiente (Orden), (Decreto), (Fallo), ha sido anotado en contra suya en el
caso mencionado en el epigrafe.
Fecha:
Protonotario
???
Certifico que la siguiente direccion as la del defendido/a segun indicada en el certificado
de residencia:
Anastasia L. Shive
36 Drexel Place
New Cumberland, PA 17070
Anastasia L. Shive
635 Oak Street
Lemoyne, PA 17043
Anastasia L. Shive
P.O. Box 389
Lemoyne, PA 17043
Dated: November 2, 2011
Itu arl M. Ledebohm, Esquire
preme Court ID #59012
P.O. Box 173
New Cumberland, PA 17070-0173
(717)938-6929
Attorney for Plaintiff
J.
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NOII-5477 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due MEMBERS IsT FEDERAL CREDIT UNION
Plaintiff (s)
From ANASTASIA L. SHIVE A/K/A ANASTASIA SHIVE
(1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
DESCRIPTION.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due: $74,094.50 L.L.: $.50
Interest 11/2/11 AT THE RATE OF $15.78 PER DAY
Atty's Comm: % Due Prothy: $2.00
Atty Paid: $315.38 Other Costs:
Plaintiff Paid:
Date: 11/22/11
David D. Bu 11, Prothonotary
(Seal) By:
Deputy
REQUESTING PARTY:
Name: KARL M. LEDEBOHM, ESQUIRE
Address: P. O. BOX 173
NEW CUMBERLAND, PA 17070
Attorney for: PLAINTIFF
Telephone: 717-938-6929
Supreme Court ID No. 59012
1
Karl M. Ledebohm, Esquire
P.O. Box 173
New Cumberland, PA 17070-0173
(717)938-6929
MEMBERS 1"' FEDERAL
CREDIT UNION
PLAINTIFF
Vs.
ANASTASIA L. SHIVE a/k/a
ANASTASIA SHIVE
DEFENDANT
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
: NO.: 11-5477 Civil
CIVIL ACTION - LAW
MORTGAGE FORECLOSURE
PRAECIPE FOR WRIT OF EXECUTION (MORTGAGE FORECLOSURE)
TO THE PROTHONOTARY: ISSUE WRIT OF EXECUTION IN THE ABOVE
MATTER,
Amount Due: $74,094.50
Interest from: 11/2/11 at the rate of $15.78 per day
Attorney's fees $ to be added
Costs $ to be added
(1) Directed to the Sheriff of Cumberland County, Pennsylvania;
(2) against Anastasia L. Shive a/k/a Anastasia Shive, 36 Drexel Place, New
Cumberland, PA 17070; P.O. Box 389, Lemoyne, PA 17043; 635 Oak St.,
Lemoyne, PA 17043, defendant;
(3) and against N/A Garnishee (s);
(4) and index this writ against Anastasia L. Shive a/k/a Anastasia Shive, 36 Drexel
Place, New Cumberland, PA 17070; P.O. Box 389, Lemoyne, PA 17043; 635
Oak St., Lemoyne, PA 17043, Defendant;
(a) against N/A Garnishee (s),
and levy upon and seize the following real property of Defendant and index this writ
Q against ttlhee following real property of Defendant as a lis pendens:
GZv?•l ? ? • OCR P_ ? _a c?
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All that certain real estate and improvements erected thereon situate in Lower Allen
Township, Cumberland County, Pennsylvania, known and numbered as 36 Drexel Place,
New Cumberland, PA 17070 and as more particularly set forth and described on Exhibit
"A" attached hereto and made part hereof by reference.
Dated: November 18, 201.1 G
1 M. Ledebohm, Esquire
Supreme Court ID 459012
P.O. Box 173
New Cumberland, PA 17070-0173
(717)938-6929
Attorney for Plaintiff
ALL THAT CERTAIN lot or piece of land, situate in the Township of Lower Allen,
County of Cumberland, and Commonwealth of Pennsylvania, bounded and described in
accordance with Plan showing Foxlea Residential Community Village One, Phase One,
Section B, made by Gerrit J. Betz Associates, Inc., dated November 3, 1978, and last
revised February 27, 1979, as recorded in the Office of the Recorder of Deeds of
Cumberland County, Pennsylvania, on April 17, 1979 in Plan Book 26, Page 50, known
as Unit No. 36 in Building "F", consisting of 5,002 square feet and described on said As
Built Plan by metes and bounds which description is likewise herein incorporated by
reference.
TOGETHER with a residence situate thereon known and numbered as 36 Drexel Place,
New Cumberland, Pennsylvania 17070.
UNDER AND SUBJECT to the covenants, restrictions, easements, charges, liens, terms,
rights, agreements, conditions, exceptions, reservations and exclusions as contained and
more fully set forth in Trust Deed between Foxlea Nominee Corp., and Cumberland
County National Bank and Trust Company, dated November 21, 1973 and recorded in
the Office of the Recorder of Deeds in and for Cumberland County in Deed Book "K",
Volume 25, Page 912, as amended by Amendment thereto, dated August 26, 1974 and
recorded in the Office aforesaid in Deed Book "T", Volume 25, Page 470, and by
Amendment thereto dated April 21, 1975 and recorded in the Office aforesaid in Deed
Book "A", Volume 26, Page 303, and any amendments to the foregoing as may be made
from time to time.
UNDER AND SUBJECT to easements, rights granted to public utilities and other rights,
covenants and restrictions of record.
The Grantee, for and on behalf of the Grantee, his/her heirs, personal representatives,
successors and assigns, by acceptance and recordation of this Deed, acknowledge that
this conveyance is subject in every respect to the aforesaid Trust Deed by Foxlea
Nominee Corp., to Cumberland County National Bank and Trust Company, dated
November 21, 1973 and recorded in the Office of the Recorder of Deeds in and for
Cumberland County in Deed Book "K", Volume 25, Page 912, as amended by
Amendment thereto dated August 26, 1974 and recorded in the Office aforesaid in Deed
Book "T", Volume 25, Page 470, and by Amendment thereto dated April 21, 1975 and
recorded in the Office aforesaid in Deed Book "A", Volume 26, Page 303, and any
amendments to the foregoing as may be made from time to time, and all Amendments
thereto; acknowledge that each and every provision thereof is essential to the successful
operation and management of Foxlea Residential Community, and in the best interest and
EXHIBIT `A'
for the benefit of all Lot Owners therein; and covenants and agrees, as a covenant running
with the land, to abide by each and every provision of the aforesaid documents.
BEING THE SAME premises which Kevin J. Gore, by his deed dated December 17,
2008 and recorded in the Cumberland County Recorder of Deeds Office to Instrument
Number 200840764 granted and conveyed unto Anastasia Shive.
BEING TAX PARCEL # 13-25-0008-002A-OF-36-1
Karl A Ledebohm, Esquire
P.O. Box 173
New Cumberland, PA 17070-0173
(717)938-6929
MEMBERS 1 J' FEDERAL
CREDIT UNION
PLAINTIFF
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P 12f 2
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
Vs. NO.: 11-5477 Civil
ANASTASIA L. SHIVE a/k/a
ANASTASIA SHIVE CIVIL ACTION - LAW
DEFENDANT MORTGAGE FORECLOSURE
AFFIDAVIT PURSUANT TO RULE 3129.1
Members 1" Federal Credit Union, plaintiff, in the above action, sets forth as of
the date the praecipe for the writ of execution was filed the following information
concerning the real property located in Lower Allen Township, Cumberland County,
Pennsylvania, known and numbered as 36 Drexel Place, New Cumberland, PA 17070.
1. Name and address of owner(s) or reputed owner(s):
Anastasia L. Shive
36 Drexel Place
New Cumberland, PA 17070
Anastasia L. Shive
P.O. Box 389
Lemoyne, PA 17043
Anastasia L. Shive
635 Oak Street
Lemoyne, PA 17043
2. Name and address of defendant(s) in the judgment:
Anastasia L. Shive
36 Drexel Place
New Cumberland, PA 17070
Anastasia L. Shive
P.O. Box 389
Lemoyne, PA 17043
Anastasia L. Shive
635 Oak Street
Lemoyne, PA 17043
3. Name and address of every judgment creditor whose judgment is a record lien on
the real property to be sold:
Members 1 st Federal Credit Union
Attn.: Dan Summers
5000 Louise Drive
Mechanicsburg, PA 17055
4. Name and address of the last recorded holder of every mortgage of record:
Members 1St Federal Credit Union
Attn.: Dan Summers
5000 Louise Drive
Mechanicsburg, PA 17055
5. Name and address of every other person who has any record lien on the property:
Lower Allen Township
120 Limekiln Road
New Cumberland, PA 17070
6. Name and address of every other person who has any record interest in the
property and whose interest may be affected by the sale:
7. Name and address of every other person of whom the plaintiff has knowledge
who has any interest in the property which may be affected by the sale:
Cumberland County Tax Claim Bureau
One Courthouse Square
Carlisle, PA 17013
Domestic Relations
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
Occupant
36 Drexel Place
New Cumberland, PA 17070
Department of Public Welfare
TPL Casualty Unit
Estate Recovery Program
P.O. Box 8486
Willow Oak Building
Harrisburg, PA 17105-8486
Inheritance Tax Bureau
Commonwealth of PA
Department of Revenue
Bureau of Individual Taxes
Dept. 280601
Harrisburg, PA 17128-0601
Foxlea Homeowners Association
c/o Sterling Property Management, Inc.
337 Lincoln Street
Carlisle, PA 17103
I verify that the statements made in this affidavit are true and correct to the best of
my personal knowledge or information and belief. I understand that false statements
herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to
unworn falsification to authorities.
Date: November 18, 2011
submitted,
?G
Karl M. Ledebohm, Esq.
Supreme Court ID #: 59012
P.O. Box 173
New Cumberland, PA 17070-0173
(717)938-6929
Attorney for Plaintiff
r wl 't
Karl M. Ledebohm, Esquire
P.O. Box 173
New Cumberland, PA 17070-0173
(717)938-6929
rnk r r,?P C 2 F, lli L
CnU.
MEMBERS 1 FEDERAL IN THE COURT OF COMMON PLEAS
CREDIT UNION CUMBERLAND COUNTY,
PENNSYLVANIA
PLAINTIFF
Vs.
ANASTASIA L. SHIVE a/k/a
ANASTASIA SHIVE
DEFENDANT
NO.: 11-5477 Civil
: CIVIL ACTION -LAW
MORTGAGE FORECLOSURE
NOTICE OF SHERIFF'S SALE OF REAL ESTATE
To: Anastasia L. Shive
36 Drexel Place
New Cumberland, PA 17070
Anastasia L. Shive
P.O. Box 389
Lemoyne, PA 17043
Anastasia L. Shive
635 Oak Street
Lemoyne, PA 17043
THE UNDERSIGNED ATTORNEY IS A DEBT COLLECTOR PURSUANT
TO THE FAIR DEBT COLLECTION PRACTICES ACT, I AM REQUIRED TO
INFORM YOU THAT THIS DOCUMENT AND ANY SUBSEQUENT
CORRESPONDENCE OR COMMUNICATION IS AN ATTEMPT TO COLLECT
A DEBT A" ANY INFORMATION OBTAINED WILL BE USED FOR THAT
PURPOSE. HOWEVER, IF YOU ARE CURRENTLY A DEBTOR IN
BANKRUPTCY OR HAVE RECEIVED A DISCHARGE IN BANKRUPTCY,
THIS IS NOT AN ATTEMPT TO COLLECT A DEBT BUT AN EFFORT TO
FORECLOSE THE LIEN OF A MORTGAGE ON REAL ESTATE.
Your house (real estate) at 36 Drexel Place, New Cumberland, PA 17070, as more
particularly set forth and described on Exhibit "A" attached hereto and made part
hereof, is scheduled to be sold at Sheriffs Sale on March 7, 2012 at 10:00 a.m. in
the Office of the Sheriff, Cumberland County Courthouse, South Hanover Street,
Carlisle, PA 17013 to enforce the courtjudgment in the principal amount of
$74,094.50 plus interest at the rate of $15.78 per day, legal fees, costs and other costs
and charges collectible under the mortgage and foreclosure and sale of the mortgaged
property obtained by the above named Plaintiff against you.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriffs Sale, you must take immediate action:
1. The Sheriff Sale will be cancelled if you pay to the above named Plaintiff the
amount of the judgment plus costs, interest and additional reasonable legal fees or the
back payments, late charges, costs and reasonable attorney's fees, if any, due. To
find out how much you must pay, you may call Karl M. Ledebohm, Esquire, at
(717)938-6929
2. You may be able to stop the sale by filing a petition asking the Court to strike or
open the judgment, if the judgment was improperly entered. You may also ask the
Court to postpone the sale for good cause.
3. You may be able to stop the sale through other legal proceedings. You may need
an attorney to assert your rights. The sooner you contact one, the more chance you
will have of stopping the sale. (See notice below to find out how to obtain an
attorney.
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE
OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
1. If the Sheriff's Sale is not stopped, your property will be sold to the highest
bidder. You may find out the price bid by calling the Sheriff at the County
Courthouse.
2. You may be able to petition the Court to set aside the sale if the bid price was
grossly inadequate compared to the value of your property.
3. The sale will go through only if the buyer pays the Sheriff the full amount due
in the sale. To find out if this has happened, you may call the Sheriff at the
County Courthouse, which number is listed below.
4. If the amount due from the buyer is not paid to the Sheriff, you will remain
the owner of the property as if the sale never happened.
5. You have a right to remain in the property until the full amount due is paid to
the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer
may bring legal proceedings to evict you.
6. You may be entitled to a share of the money which was paid for your house.
A schedule of distribution of the money bid for your house will be filed by the
Sheriff on or before April 6, 2012 (within thirty (30) days after the Sheriff
Sale). This schedule will state who will be receiving that money. The money
will be paid out in accordance with this schedule unless exceptions (reasons
why the proposed distribution is wrong) are filed with the Sheriff within ten
(10) days after the schedule of distribution is filed by the Sheriff.
7. You may also have other rights and defenses, or ways of getting your house
back, if you act immediately after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE.
IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO
OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE
YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(717)249-3166 OR (800)990-9108
The Sheriff's phone number is: (717)240-6390.
1 M. Ledebohm, Esquire
Supreme Court ID #59012
P.O. Box 173
New Cumberland, PA 17070-0173
(717)938-6929
Attorney for Plaintiff
ALL THAT CERTAIN lot or piece of land, situate in the Township of Lower Allen,
County of Cumberland, and Commonwealth of Pennsylvania, bounded and described in
accordance with Plan showing Foxlea Residential Community Village One, Phase One,
Section B, made by Gerrit J. Betz Associates, Inc., dated November 3, 1978, and last
revised February 27, 1979, as recorded in the Office of the Recorder of Deeds of
Cumberland County, Pennsylvania, on April 17, 1979 in Plan Book 26, Page 50, known
as Unit No. 36 in Building "F", consisting of 5,002 square feet and described on said As
Built Plan by metes and bounds which description is likewise herein incorporated by
reference.
TOGETHER with a residence situate thereon known and numbered as 36 Drexel Place,
New Cumberland, Pennsylvania 17070.
UNDER AND SUBJECT to the covenants, restrictions, easements, charges, liens, terms,
rights, agreements, conditions, exceptions, reservations and exclusions as contained and
more fully set forth in Trust Deed between Foxlea Nominee Corp., and Cumberland
County National Bank and Trust Company, dated November 21, 1973 and recorded in
the Office of the Recorder of Deeds in and for Cumberland County in Deed Book "K",
Volume 25, Page 912, as amended by Amendment thereto, dated August 26, 1974 and
recorded in the Office aforesaid in Deed Book "T", Volume 25, Page 470, and by
Amendment thereto dated April 21, 1975 and recorded in the Office aforesaid in Deed
Book "A", Volume 26, Page 303, and any amendments to the foregoing as may be made
from time to time.
UNDER AND SUBJECT to easements, rights granted to public utilities and other rights,
covenants and restrictions of record.
The Grantee, for and on behalf of the Grantee, his/her heirs, personal representatives,
successors and assigns, by acceptance and recordation of this Deed, acknowledge that
this conveyance is subject in every respect to the aforesaid Trust Deed by Foxlea
Nominee Corp., to Cumberland County National Bank and Trust Company, dated
November 21, 1973 and recorded in the Office of the Recorder of Deeds in and for
Cumberland County in Deed Book "K", Volume 25, Page 912, as amended by
Amendment thereto dated August 26, 1974 and recorded in the Office aforesaid in Deed
Book "T", Volume 25, Page 470, and by Amendment thereto dated April 21, 1975 and
recorded in the Office aforesaid in Deed Book "A", Volume 26, Page 303, and any
amendments to the foregoing as may be made from time to time, and all Amendments
thereto; acknowledge that each and every provision thereof is essential to the successful
operation and management of Foxlea Residential Community, and in the best interest and
EXHIBIT `A'
for the benefit of all Lot Owners therein; and covenants and agrees, as a covenant running
with the land, to abide by each and every provision of the aforesaid documents.
BEING THE SAME premises which Kevin J. Gore, by his deed dated December 17,
2008 and recorded in the Cumberland County Recorder of Deeds Office to Instrument
Number 200840764 granted and conveyed unto Anastasia Shive.
BEING TAX PARCEL # 13-25-0008-002A-OF-36-1
Karl M. Ledebohm, Esquire
P.O. Box 173
New Cumberland, PA 17070-0173
(717)938-6929
MEMBERS 1 3 ` FEDERAL
CREDIT UNION
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
PLAINTIFF
Vs.
NO.: 11-5477 Civil
ANASTASIA L. SHIVE a/k/a
ANASTASIA SHIVE CIVIL ACTION -LAW
DEFENDANT MORTGAGE FORECLOSURE
AFFIDAVIT PURSUANT TO RULE 3129.1
Members 1St Federal Credit Union, plaintiff, in the above action, sets forth as of
the date the praecipe for the writ of execution was filed the following information
concerning the real property located in Lower Allen Township, Cumberland County,
Pennsylvania, known and numbered as 36 Drexel Place, New Cumberland, PA 17070.
1. Name and address of owner(s) or reputed owner(s):
Anastasia L. Shive
36 Drexel Place
New Cumberland, PA 17070
Anastasia L. Shive
P.O. Box 389
Lemoyne, PA 17043
Anastasia L. Shive
635 Oak Street
Lemoyne, PA 17043
2. Name and address of defendant(s) in the judgment:
Anastasia L. Shive
36 Drexel Place
New Cumberland, PA 17070
C(Dply
Anastasia L. Shive
P.O. Box 389
Lemoyne, PA 17043
Anastasia L. Shive
635 Oak Street
Lemoyne, PA 17043
3. Name and address of every judgment creditor whose judgment is a record lien on
the real property to be sold:
Members 1St Federal Credit Union
Attn.: Dan Summers
5000 Louise Drive
Mechanicsburg, PA 17055
4. Name and address of the last recorded holder of every mortgage of record:
Members 1St Federal Credit Union
Attn.: Dan Summers
5000 Louise Drive
Mechanicsburg, PA 17055
5. Name and address of every other person who has any record lien on the property:
Lower Allen Township
120 Limekiln Road
New Cumberland, PA 17070
6. Name and address of every other person who has any record interest in the
property and whose interest may be affected by the sale:
7. Name and address of every other person of whom the plaintiff has knowledge
who has any interest in the property which may be affected by the sale:
Cumberland County Tax Claim Bureau
One Courthouse Square
Carlisle, PA 17013
Domestic Relations
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
Occupant
36 Drexel Place
New Cumberland, PA 17070
Department of Public Welfare
TPL Casualty Unit
Estate Recovery Program
P.O. Box 8486
Willow Oak Building
Harrisburg, PA 17105-8486
Inheritance Tax Bureau
Commonwealth of PA
Department of Revenue
Bureau of Individual Taxes
Dept. 280601
Harrisburg, PA 17128-0601
Foxlea Homeowners Association
c/o Sterling Property Management, Inc.
337 Lincoln Street
Carlisle, PA 17103
I verify that the statements made in this affidavit are true and correct to the best of
my personal knowledge or information and belief. I understand that false statements
herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to
unsworn falsification to authorities.
Date: November 18, 2011
submitted,
Karl M. Ledebohm, Esq. `
Supreme Court ID #: 59012
P.O. Box 173
New Cumberland, PA 17070-0173
(717)938-6929
Attorney for Plaintiff
Karl M. Ledebohm, Esquire
P.O. Box 173
New Cumberland, PA 17070-0173
(717)938-6929
MEMBERS 1 J' FEDERAL
CREDIT UNION
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
PLAINTIFF
Vs.
NO.: 11-5477 Civil
ANASTASIA L. SHIVE a/k/a
ANASTASIA SHIVE
DEFENDANT
CIVIL ACTION -LAW
MORTGAGE FORECLOSURE
NOTICE OF SHERIFF'S SALE OF REAL ESTATE
To: Anastasia L. Shive
36 Drexel Place
New Cumberland, PA 17070
Anastasia L. Shive
P.O. Box 389
Lemoyne, PA 17043
Anastasia L. Shive
635 Oak Street
Lemoyne, PA 17043
THE UNDERSIGNED ATTORNEY IS A DEBT COLLECTOR. PURSUANT
TO THE FAIR DEBT COLLECTION PRACTICES ACT, I AM REQUIRED TO
INFORM YOU THAT THIS DOCUMENT AND ANY SUBSEQUENT
CORRESPONDENCE OR COMMUNICATION IS AN ATTEMPT TO COLLECT
A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT
PURPOSE. HOWEVER, IF YOU ARE CURRENTLY A DEBTOR IN
BANKRUPTCY OR HAVE RECEIVED A DISCHARGE IN BANKRUPTCY,
THIS IS NOT AN ATTEMPT TO COLLECT A DEBT BUT AN EFFORT TO
FORECLOSE THE LIEN OF A MORTGAGE ON REAL ESTATE.
Your house (real estate) at 36 Drexel Place, New Cumberland, PA 17070, as more
particularly set forth and described on Exhibit "A" attached hereto and made part
r,
hereof, is scheduled to be sold at Sheriff s Sale on March 7, 2012 at 10:00 a.m. in
the Office of the Sheriff, Cumberland County Courthouse, South Hanover Street,
Carlisle, PA 17013 to enforce the court judgment in the principal amount of
$74,094.50 plus interest at the rate of $15.78 per day, legal fees, costs and other costs
and charges collectible under the mortgage and foreclosure and sale of the mortgaged
property obtained by the above named Plaintiff against you.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriffs Sale, you must take immediate action:
1. The Sheriff Sale will be cancelled if you pay to the above named Plaintiff the
amount of the judgment plus costs, interest and additional reasonable legal fees or the
back payments, late charges, costs and reasonable attorney's fees, if any, due. To
find out how much you must pay, you may call Karl M. Ledebohm, Esquire, at
(717)938-6929
2. You may be able to stop the sale by filing a petition asking the Court to strike or
open the judgment, if the judgment was improperly entered. You may also ask the
Court to postpone the sale for good cause.
3. You may be able to stop the sale through other legal proceedings. You may need
an attorney to assert your rights. The sooner you contact one, the more chance you
will have of stopping the sale. (See notice below to find out how to obtain an
attorney.
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE
OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
If the Sheriff's Sale is not stopped, your property will be sold to the highest
bidder. You may find out the price bid by calling the Sheriff at the County
Courthouse.
2. You may be able to petition the Court to set aside the sale if the bid price was
grossly inadequate compared to the value of your property.
The sale will go through only if the buyer pays the Sheriff the full amount due
in the sale. To find out if this has happened, you may call the Sheriff at the
County Courthouse, which number is listed below.
4. If the amount due from the buyer is not paid to the Sheriff, you will remain
the owner of the property as if the sale never happened.
5. You have a right to remain in the property until the full amount due is paid to
the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer
may bring legal proceedings to evict you.
6. You may be entitled to a share of the money which was paid for your house.
A schedule of distribution of the money bid for your house will be filed by the
Sheriff on or before April 6, 2012 (within thirty (30) days after the Sheriff
Sale). This schedule will state who will be receiving that money. The money
will be paid out in accordance with this schedule unless exceptions (reasons
why the proposed distribution is wrong) are filed with the Sheriff within ten
(10) days after the schedule of distribution is filed by the Sheriff.
7. You may also have other rights and defenses, or ways of getting your house
back, if you act immediately after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE.
IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO
OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE
YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(717)249-3166 OR (800)990-9108
The Sheriff's phone number is: (717)240-6390.
2?--
-4 r
)Karl M. Ledebohm, Esquire
Supreme Court ID 459012
P.O. Box 173
New Cumberland, PA 17070-0173
(717)938-6929
Attorney for Plaintiff
ALL THAT CERTAIN lot or piece of land, situate in the Township of Lower Allen,
County of Cumberland, and Commonwealth of Pennsylvania, bounded and described in
accordance with Plan showing Foxlea Residential Community Village One, Phase One,
Section B, made by Gerrit J. Betz Associates, Inc., dated November 3, 1978, and last
revised February 27, 1979, as recorded in the Office of the Recorder of Deeds of
Cumberland County, Pennsylvania, on April 17, 1979 in Plan Book 26, Page 50, known
as Unit No. 36 in Building "F", consisting of 5,002 square feet and described on said As
Built Plan by metes and bounds which description is likewise herein incorporated by
reference.
TOGETHER with a residence situate thereon known and numbered as 36 Drexel Place,
New Cumberland, Pennsylvania 17070.
UNDER AND SUBJECT to the covenants, restrictions, easements, charges, liens, terms,
rights, agreements, conditions, exceptions, reservations and exclusions as contained and
more fully set forth in Trust Deed between Foxlea Nominee Corp., and Cumberland
County National Bank and Trust Company, dated November 21, 1973 and recorded in
the Office of the Recorder of Deeds in and for Cumberland County in Deed Book "K",
Volume 25, Page 912, as amended by Amendment thereto, dated August 26, 1974 and
recorded in the Office aforesaid in Deed Book "T", Volume 25, Page 470, and by
Amendment thereto dated April 21, 1975 and recorded in the Office aforesaid in Deed
Book "A", Volume 26, Page 303, and any amendments to the foregoing as may be made
from time to time.
UNDER AND SUBJECT to easements, rights granted to public utilities and other rights,
covenants and restrictions of record.
The Grantee, for and on behalf of the Grantee, his/her heirs, personal representatives,
successors and assigns, by acceptance and recordation of this Deed, acknowledge that
this conveyance is subject in every respect to the aforesaid Trust Deed by Foxlea
Nominee Corp., to Cumberland County National Bank and Trust Company, dated
November 21, 1973 and recorded in the Office of the Recorder of Deeds in and for
Cumberland County in Deed Book "K", Volume 25, Page 912, as amended by
Amendment thereto dated August 26, 1974 and recorded in the Office aforesaid in Deed
Book "T", Volume 25, Page 470, and by Amendment thereto dated April 21, 1975 and
recorded in the Office aforesaid in Deed Book "A", Volume 26, Page 303, and any
amendments to the foregoing as may be made from time to time, and all Amendments
thereto; acknowledge that each and every provision thereof is essential to the successful
operation and management of Foxlea Residential Community, and in the best interest and
EXHIBIT `A'
for the benefit of all Lot Owners therein; and covenants and agrees, as a covenant running
with the land, to abide by each and every provision of the aforesaid documents.
BEING THE SAME premises which Kevin J. Gore, by his deed dated December 17,
2008 and recorded in the Cumberland County Recorder of Deeds Office to Instrument
Number 200840764 granted and conveyed unto Anastasia Shive.
BEING TAX PARCEL # 13-25-0008-002A-OF-36-1
WRIT OF EXECUTION and/o° A-TA'ZVNTF_.N'T
COMMONWEALTH OPPENNSYLVANIA)
COUNTY OF CUMBERLAND)
T,,011-i477 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due MEMBERS IS' FEDERAL CREDIT UNION
Plaintiff (s)
From ANASTASIA L. SHIVE A/K/A ANASTASIA SHIVE
(1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
DESCRIPTION.
(2) You are also directed to attach the property of the defendant(s) not'.evied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof,
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due: $74,094.50 L.L.: $.50
Interest 11/2/11 AT THE RATE OF $15.78 PER DAY
Atty's Comm: °'o Due Prothy: $2.00
Atty Paid: $315.38 Other Costs:
Plaintiff Paid:
Date: 11/22/11
David D. 13 11, Prothonotary
(Seal) By:
Deputy
REQUESTING PARTY:
Name: KARL M. LEDEBOHM, ESQUIRE
Address: P. O. BOX 173
NEW CUMBERLAND, PA 17070 TRUE COPY FROM RECORD
In Testimony v„hereof. I here unto sat my hand
Attorney for: PLAINTIFF and the seal of said Court at Carlisle, Pa.
Telephone: 717-938-6929 This- 'P?Lday of 201 _
Prothonotary
Supreme Court ID No. 59012 qwl,0
On November 23, 2011 the Sheriff levied upon the
defendant's interest in the real property situated in
Lower Allen Township, Cumberland County, PA,
Known and numbered as, 36 Drexel Place,
New Cumberland, more fully described on Exhibit
"A" filed with this writ and by this reference
incorporated herein.
Date November 23, 2011
By:
0
Real Estate Coordinator
3 i} 'l / `(i A011 {IJL
CUMBERLAND LAW JOURNAL
Writ No. 2011-5477 Civil Term
Members 1st Federal Credit Union
VS.
Anastasia L. Shive a/k/a
Anastasia Shive
Atty.: Karl Ledebohm
ALL THAT CERTAIN lot or piece
of land, situate in the Township of
Lower Allen, County of Cumberland,
and Commonwealth of Pennsylva-
nia, bounded and described in ac-
cordance with Plan showing Foxlea
Residential Community Village One,
Phase One, Section B, made by Ger-
rit J. Betz Associates, Inc., dated
November 3, 1978, and last revised
February 27, 1979, as recorded in
the Office of the Recorder of Deeds
of Cumberland County, Pennsylva-
nia, on April 17, 1979 in Plan Book
26, Page 50, known as Unit No. 36
in Building "F", consisting of 5,002
square feet and described on said
As Built Plan by metes and bounds
which description is likewise herein
incorporated by reference.
TOGETHER with a residence situ-
ate thereon known and numbered as
36 Drexel Place, New Cumberland,
Pennsylvania 17070.
UNDER AND SUBJECT to the
covenants, restrictions, easements,
charges, liens, terms, rights, agree-
ments, conditions, exceptions, reser-
vations and exclusions as contained
and more fully set forth in Trust Deed
between Foxlea Nominee Corp., and
Cumberland County National Bank
and Trust Company, dated Novem-
ber 21, 1973 and recorded in the
Office of the Recorder of Deeds in
and for Cumberland County in Deed
Book "K", Volume 25, Page 912, as
amended by Amendment thereto,
dated August 26, 1974 and recorded
in the Office aforesaid in Deed Book
"T", Volume 25, Page 470, and by
Amendment thereto dated April 21,
1975 and recorded in the Office
aforesaid in Deed Book "A". Volume
26, Page 303, and any amendments
to the foregoing as may be made from
time to time.
UNDER AND SUBJECT to ease-
ments, rights granted to public utili-
ties and other rights, covenants and
restrictions of record.
The Grantee, for and on behalf of
the Grantee, his/her heirs, personal
representatives, successors and
assigns, by acceptance and recorda-
tion of this Deed, acknowledge that
this conveyance is subject in every
respect to the aforesaid Trust Deed
by Foxlea Nominee Corp., to Cum-
berland County National Bank and
Trust Company, dated November 21,
1973 and recorded in the Office of the
Recorder of Deeds in and for Cum-
berland County in Deed Book "K",
Volume 25, Page 912, as amended by
Amendment thereto dated August 26,
1974 and recorded in the Office afore-
said in Deed Book "T", Volume 25,
Page 470, and by Amendment thereto
dated April 21, 1975 and recorded
in the Office aforesaid in Deed Book
"A", Volume 26, Page 303, and any
amendments to the foregoing as may
be made from time to time, and all
Amendments thereto; acknowledge
that each and every provision thereof
is essential to the successful opera-
tion and management of Foxlea Resi-
dential Community, and in the best
interest and for the benefit of all Lot
Owners therein; and covenants and
agrees, as a covenant running with
the land, to abide by each and every
provision of the aforesaid documents.
BEING THE SAME premises
which Kevin J. Gore, by his deed
dated December 17, 2008 and re-
corded in the Cumberland County
Recorder of Deeds Office to Instru-
ment Number 200840764 granted
and conveyed unto Anastasia Shive.
BEING TAX PARCEL # 13-25-
0008-002A-OF-36-1.
71
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
COMMONWEALTH OF PENNSYLVANIA
, ss.
COUNTY OF CUMBERLAND :
Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and
State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law
Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid,
was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
viz:
January 27, February 3, and February 10, 2012
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are true.
Marie Coyne,
SWORN TO AND SUBSCRIBED before me this
10 d of Feb 2012
Notary
i
NOTARIAL SEAL
DEBORAH A COLLINS
Notary Public
CARLISLE BOROUGH, CUMBERLAND COUNTY
My Commission Expires Apr 28, 2014
The Patriot-News Co.
2020 Technology Pkwy,
Suite 300
Mechanicsburg, PA 17050
Inquiries - 717-255-8213
CUMBERLAND CO. SHERIFFS OFFICE
CUMBERLAND COUNTY COURT HOUSE
CARLISLE
PA 17013
cue Patti* otwXews
Now you know
THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
Under Act No. 587, Approved May 16, 1929
Commonwealth of Pennsylvania, County of Dauphin} ss
Holly Blain, being duly sworn according to law, deposes and says:
That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the
Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the
Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday
Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State
aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949,
respectively, and all have been continuously published ever since;
That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular
daily and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said
Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as
to the time, place and character of publication are true; and
That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on
behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the
stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds
in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317.
PUBLICATION COPY
This ad ran on the date(s) shown below:
01/27/12
.... ..
Sworn to and sub cribed befcke this 2day February, 2012 A.D.
?Notary Public
COMMONWEALTH OF PENNSYLVANIA
Notarial Seel
Sherrie L. Owens, Notary Public
Lower Paxton Twp., Dauphin County
My Commission Bow Nov. 26, 2015
MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES
02/03/12
02/10/12
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
-I r-
Ronny R Anderson rJ r
Sheriff
4 l`r 0 fiathr?r
Jody S Smith ?`? _ ¢ I I tai
Chief Deputy -
Richard W Stewart ' i l A 1-i0
Solicitor OYLvA,:''Iu
Members 1st FCU Case Number
vs. 2011-5477
Anastasia L. Shive (et al.)
SHERIFF'S RETURN OF SERVICE
01/06/2012 08:25 PM - Deputy Michael Barrick, being duly sworn according to law, states service was performed by
posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action,
upon the property located at 36 Drexel Place, New Cumberland, Cumberland County, PA 17070.
01/06/2012 07:31 PM - Deputy Michael Barrick, being duly sworn according to law, served the requested Real Estate
Writ, Notice and Description, in the above titled action, upon the within named Defendant, to wit:
Occupant, pursuant to Order of Court by "Posting" the premises located at 36 Drexel Place, Lower Allen
Township, New Cumberland, PA 17070, Cumberland County with a true and correct copy according to
law.
01/10/2012 12:25 AM - Sergeant Jason Vioral served the requested Real Estate Writ, Notice and Description, in the
above titled action, by making known its contents and at the same time personally handing a true copy to
a person representing themselves to be the Defendant, to wit: Occupant, Anastasia Shive at the
Cumberland County Sheriffs Office, One Courthouse Square, Carlisle, Cumberland County PA 17013.
01/10/2012 12:25 AM - Deputy Jason Vioral, being duly sworn according to law, served the requested Real Estate
Writ, Notice and Description, in the above titled action, by making known its contents and at the same time
personally handing a true copy to a person representing themselves to be the Defendant, to wit:
Anastasia L. Shive at Cumberland County Sheriffs Office 1 Courthouse Sq. Carlisle Cumberland County
Pa. 17013.
03/05/2012 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed",
per letter of instruction from Attorney.
03/05/2012 Property sale removed from 3/7/2012 sale.
03/05/2012 As directed by Karl M. Ledebohm, Attorney for the Plaintiff, Sheriffs Sale Continued to 6/6/2012
06/01/2012 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed",
per letter of instruction from Attorney.
SHERIFF COST: $1,217.05 SO ANSWERS,
June 01, 2012 RON R ANDERSON, SHERIFF
o?.eo fd .Ca.
2011-5477 Civil Term
Members 1st Federal Credit
Union
VS
Anastasia L. Shiva a/k/a
Anastasia Shiva
Atty. Karl Ledebohm
ALL THAT CERTAIN lot or piece of
land, situate in the Township of Lower
Allen, County of Cumberland, and
Commonwealth of Pennsylvania, bounded
and described in accordance with Plan
showing Foxlea Residential Community
Village One, Phase One, Section B,
made by Gerrit J. Betz Associates, Inc.,
dated November 3,1978, and last revised
February 27, 1979, as recorded in the Office
of the Recorder of Deeds of Cumberland r
County, Pennsylvania, on April 17,1979
in Plan Book 26, Page 50, known as Unit
No. 36 in Building "F", consisting of
5,002 square feet and described on said
1s Built Plan by metes and bounds which
description is likewise herein incorporated
by ; eference.
I OGETHER with a residence situate
thereon known and numbered as 36 Drexeli
Place, New Cumberland, Pennsylvania
17070.
UNDER AND SUBJECT to the
covenants, restrictions, easements, chargesp>,,
liens, terms, rights, agreements, condition`?'
exceptions, reservations and exclusions as ;F
contained and more fully set forth in Trust
Deed between Foxlea Nominee Corp., and
Cumberland County National Bank and
Trust Company, dated November 21,1973
and recorded in the Office of the Recorder
of Deeds in and for Cumberland County
in Deed Book "K", Volume 25, Page 912,
as amended by Amendment thereto, dated
August 26, 1974 and recorded in the Offi
aforesaid in Deed Book "T", Volume 25,??
Page 470, and by Amendment thereto , ti
dated April 21, 1975 and recorded in the
Office aforesaid in Deed Book A', Volume
26, Page 303, and any amendments to the
foregoing as may be made from time to
time.
UNDER AND SUBJECT to easements, -
rights granted to public utilities and other=-
rights, covenants and restrictions of recorit
The Grantee, for and on behalf of
the Grantee, his/her heirs, personal
representatives, successors and assigns,
'tacceptance and recordation of this Deed
i
acknowledge that this conveyance is su
ii every respect to the aforesaid Trust
by Foxlea Nominee Corp., to Cumberl
County National Bank and Must Coco
dated November 21, 1973 and recorde
in the Office of the Recorder of Deeds
and for Cumberland County in Deed
"K", Volume 25, Page 912, as amende
by Amendment thereto dated August
1974 and recorded in the Office afore
in Deed Book "T", Volume 25, Page 4
and by Amendment thereto dated Ap
1975 and recorded in the Office of
in Deed Book 'A', Volume 26, Page
and any amendments to the foregoing
as may be made from time to time, an
all Amendments thereto; awdim ledg
that each and every provision thereof
is essential to the successful operation
and management of Foxlea Residenti
Community, and in the best interest
for the benefit of all Lot Owners ther
and covenants and agrees, as a coven
running
with the land, to abide by each and e
provision of the aforesaid documents.
BEING THE SAME premises which
J. Gore, by his deed dated December
2008 and recorded in the Cumberland
County Recorder of Deeds Office to
Instrument Number 200840764 granted
.. ,.. r! ? an ac r?:nnc of reCnrL". ?
The Grantee, for and on ?ehalt of
the, Grantee, his/her heirs, pecsnnal
representatives, successors and assigns, by
";acceptance and recordation of if is Deed'
acknowledge that this conveyance is sub ect I
P every respect to the aforesaid Rust fp,eedt
by Foxlea Nominee Corp., to Cumberland
County National Bank and Trust Company,
dated November 21, 1973 and recorded
in the Office of the Recorder of Deeds in
and for Cumberland County in Deed Book gel
"K", Volume 25, Page 912, as amended at
by Amendment thereto dated August 26, 'ls<
1974 and recorded in the Office aforesaid nq
in Deed Book "T" Volume 25, Page 470, to
and by Amendment thereto dated April 21, eta
1975 and recorded in the Office aforesaid 3d
in Deed Book `A', Volume 26, Page 303, tlst
and any amendments to the foregoing dtau
as may be made from time to time, and
all Amendments thereto; acknowledge MAI
s that each and every provision thereof `.sla
s is essential to the successful operation 10 «8
and management of Foxlea Residential aq ao
Community, and in the best interest and Io at
for the benefit of all Lot Owners therein; 11109
and covenants and agrees, as a covenant apunc
running agmq
with the land, to abide by each and every i alerq
provision of the aforesaid documents. NI TI
. BEING THE SAME premises which Kevin'01M A
J. Gore, by his deed dated December 17, anH bl
2008 and recorded in the Cumberland N gln(
County Recorder of Deeds office to uls fan
Instrument Number 200840764 granted )NIAY
and conveyed unto Anastasia Shive 01 glda
BEING TAX PARCEL # 13-25-0008- Si alnc
002A-OF-36-1 :)NIIAV
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SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
I
Sheriff
��ti�gtl}, a{ t�arrtrurr�� , _ t a1
Jody S Smith
Chief Deputy a i a.f` ti 2 3 w , ;`
Richard W Stewart
Solicitor OFPCEOF THE S-ERIFr i-ttiI�syL�f P,I =%, 3
Members 1st FCU
vs. Case Number
Anastasia L. Shive(et al.) 2011-5477
SHERIFF'S RETURN OF SERVICE
01/03/2013 11:08 AM - Deputy Dennis Fry, being duly sworn according to law, states service was performed by
posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the
above titled action, upon the property located at 36 Drexel Place, New Cumberland, PA 17043,
Cumberland County.
01/03/2013 11:08 AM - Deputy Dennis Fry, being duly sworn according to law, served the requested Real Estate Writ,
Notice and Description, in the above titled action, by making known its contents and at the same time
personally handing a true copy to a person representing themselves to be Ashley Kean Occupant,who
accepted as"Adult Person in Charge"for Occupant at 36 Drexel Place, Lower Allen Township, New
Cumberland, PA 17070, Cumberland County.
03/07/2013 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had
been given according to law, he exposed the within described premises at public venue or outcry at the
Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Cumberlad County, on March 6, 2013 at
10:00 a.m. He sold the same for the sum of$ 1.00 to Attorney Karl Ledebohm, on behalf of Members 1 st
Federal Credit Union, being the buyer in this execution, paid to the Sheriff the sum of$
SHERIFF COST: $1,640.48 SO ANSWERS,
April 19, 2013 RbNW R ANDERSON, SHERIFF
p�
.s 2.
.Q:un yS:ufe Sheriff, I rieesoft,Inc.
Karl A Ledebohm,Esquire
P.O.Box 173
New Cumberland,PA 17070-0173
(717)938-6929
MEMBERS IST FEDERAL IN THE COURT OF COMMON PLEAS
CREDIT UNION CUMBERLAND COUNTY,
PENNSYLVANIA
PLAINTIFF
Vs. NO.: 11-5477 Civil
ANASTASIA L. SHIVE a/k/a
ANASTASIA SHIVE CIVIL ACTION - LAW
DEFENDANT MORTGAGE FORECLOSURE
AFFIDAVIT PURSUANT TO RULE 3129.1
Members 1St Federal Credit Union, plaintiff, in the above action, sets forth as of
the date the praecipe for the writ of execution was filed the following information
concerning the real property located in Lower Allen Township, Cumberland County,
Pennsylvania, known and numbered as 36 Drexel Place,New Cumberland, PA 17070.
1. Name and address of owner(s) or reputed owner(s):
Anastasia L. Shive
36 Drexel Place
New Cumberland, PA 17070
Anastasia L. Shive
P.O. Box 389
Lemoyne, PA 17043
Anastasia L. Shive
635 Oak Street
Lemoyne, PA 17043
2. Name and address of defendant(s) in the judgment:
Anastasia L. Shive
36 Drexel Place
New Cumberland, PA 17070
o m Fr
Anastasia L."Shive
P.O. Box 389
Lemoyne, PA 17043
Anastasia L. Shive
635 Oak Street
Lemoyne, PA 17043
3. Name and address of every judgment creditor whose judgment is a record lien on
the real property to be sold:
Members 1St Federal Credit Union
Attn.: Dan Summers
5000 Louise Drive
Mechanicsburg,PA 17055
4. Name and address of the last recorded holder of every mortgage of record:
Members 1St Federal Credit Union
Attn.: Dan Summers
5000 Louise Drive
Mechanicsburg, PA 17055
5. Name and address of every other person who has any record lien on the property:
Lower Allen Township Authority
120 Limekiln Road
New Cumberland,PA 17070
Lower Allen Township Authority
c/o Steven P. Minor,Esquire
635 N. 12th Street, Suite 101
Lemoyne, PA 17043
6. Name and address of every other person who has any record interest in the
property and whose interest may be affected by the sale:
7. Name and address of every other person of whom the plaintiff has knowledge
who has any interest in the property which may be affected by the sale:
Cumberland County Tax Claim Bureau
One Courthouse Square
Carlisle, PA 17013
Domestic Relations
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
Occupant
36 Drexel Place
New Cumberland, PA 17070
Foxlea Homeowners Association
c/o Sterling Property Management, Inc.
337 Lincoln Street
Carlisle, PA 17103
Marty Tornblom,President
Foxlea Homeowners Association
64 Drexel Place
New Cumberland,PA 17070
Foxlea Homeowners Association
c/o Dean E. Reynosa, Esquire
Saidis, Sullivan&Rogers
26 West High Street
Carlisle,PA 17013
Internal Revenue Service
P.O. Box 7346
Philadelphia,PA 19101-7346
Department of Public Welfare
TPL Casualty Unit
Estate Recovery Program
P.O. Box 8486
Willow Oak Building
Harrisburg, PA 17105-8486
Inheritance Tax Bureau
Commonwealth of PA
Department of Revenue
Bureau of Individual Taxes
Dept. 280601
Harrisburg, PA 17128-0601
Y
U.S.A
U.S. Dept. of Justice
U.S. Attorney, Federal Building
228 Walnut Street,P.O. Box 11754
Harrisburg, PA 17108-1754
I verify that the statements made in this affidavit are true and correct to the best of
my personal knowledge or information and belief. I understand that false statements
herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to
unsworn falsification to authorities.
Date:November 30, 2012 Resp ubmitted,Karl M. Ledebohm, Esq.
Supreme Court ID#: 59012
r P.O. Box 173
New Cumberland, PA 17070-0173
(717)938-6929
Attorney for Plaintiff
Karl M.Ledebohm,Esquire
P.O.Box 173
New Cumberland,PA 17070-0173
(717)938-6929
MEMBERS 1 FEDERAL IN THE COURT OF COMMON PLEAS
CREDIT UNION CUMBERLAND COUNTY,
PENNSYLVANIA
PLAINTIFF
Vs. NO.: 11-5477 Civil
ANASTASIA L. SHIVE a/k/a
ANASTASIA SHIVE CIVIL ACTION- LAW
DEFENDANT MORTGAGE FORECLOSURE
NOTICE OF SHERIFF'S SALE OF REAL ESTATE
ti
To: Anastasia L. Shive
36 Drexel Place
New Cumberland, PA 17070
Anastasia L. Shive
P.O. Box 389
Lemoyne, PA 17043
Anastasia L. Shive
635 Oak Street
Lemoyne, PA 17043
THE UNDERSIGNED ATTORNEY IS A DEBT COLLECTOR. PURSUANT
TO THE FAIR DEBT COLLECTION PRACTICES ACT,I AM REQUIRED TO
INFORM YOU THAT THIS DOCUMENT AND ANY SUBSEQUENT
CORRESPONDENCE OR COMMUNICATION IS AN ATTEMPT TO COLLECT
A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT
PURPOSE. HOWEVER,IF YOU ARE CURRENTLY A DEBTOR IN
BANKRUPTCY OR HAVE RECEIVED A DISCHARGE IN BANKRUPTCY,
THIS IS NOT AN ATTEMPT TO COLLECT A DEBT BUT AN EFFORT TO
FORECLOSE THE LIEN OF A MORTGAGE ON REAL ESTATE.
Your house(real estate) at 36 Drexel Place,New Cumberland, PA 17070, as more
particularly set forth and described on Exhibit"A" attached hereto and made part
hereof, is scheduled to be sold at Sheriff s Sale on March 6,2013 at 10:00 a.m. in
the Office of the Sheriff, Cumberland County Courthouse, South Hanover Street,
Carlisle, PA 17013 to enforce the court judgment in the principal amount of
$74,094.50 plus interest at the rate of$15.78 per day, legal fees, costs and other costs
and charges collectible under the mortgage and foreclosure and sale of the mortgaged
property obtained by the above named Plaintiff against you.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriffs Sale, you must take immediate action:
1. The Sheriff Sale will be cancelled if you pay to the above named Plaintiff the
amount of the judgment plus costs, interest and additional reasonable legal fees or the
back payments, late charges, costs and reasonable attorney's fees, if any, due. To
find out how much you must pay, you may call Karl M. Ledebohm, Esquire, at
(717)938-6929.
2. You may be able to stop the sale by filing a petition asking the Court to strike or
open the judgment, if the judgment was improperly entered. You may also ask the
Court to postpone the sale for good cause.
3. You may be able to stop the sale through other legal proceedings. You may need
an attorney to assert your rights. The sooner you contact one,the more chance you
will have of stopping the sale. (See notice below to find out how to obtain an
attorney.
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE
OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
1. If the Sheriff's Sale is not stopped, your property will be sold to the highest
bidder. You may find out the price bid by calling the Sheriff at the County
Courthouse.
2. You may be able to petition the Court to set aside the sale if the bid price was
grossly inadequate compared to the value of your property.
3. The sale will go through only if the buyer pays the Sheriff the full amount due
in the sale. To find out if this has happened, you may call the Sheriff at the
County Courthouse,which number is listed below.
4. If the amount due from the buyer is not paid to the Sheriff, you will remain
the owner of the property as if the sale never happened.
5. You have a right to remain in the property until the full amount due is paid to
the Sheriff and the Sheriff gives a deed to the buyer. At that time,the buyer
may bring legal proceedings to evict you.
6. You may be entitled to a share of the money which was paid for your house.
A schedule of distribution of the money bid for your house will be filed by the
Sheriff on or before April 5, 2013 (within thirty (30) days after the Sheriff
Sale). This schedule will state who will be receiving that money. The money
will be paid out in accordance with this schedule unless exceptions(reasons
why the proposed distribution is wrong) are filed with the Sheriff within ten
(10) days after the schedule of distribution is filed by the Sheriff.
7. You may also have other rights and defenses, or ways of getting your house
back, if you act immediately after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE.
IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO
OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE
YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE,PA 17013
(717)249-3166 OR(800)990-9108
The Sheriff's phone number is: (717)240-6390.
harIM. debohm, E squire
ourt ID #59012
P.O. Box 173
New Cumberland, PA 17070-0173
(717)938-6929
Attorney for Plaintiff
ALL THAT CERTAIN lot or piece of land, situate in the Township of Lower Allen,
County of Cumberland, and Commonwealth of Pennsylvania,bounded and described in
accordance with Plan showing Foxlea Residential Community Village One, Phase One,
Section B, made by Gerrit J. Betz Associates, Inc., dated November 3, 1978, and last
revised February 27, 1979, as recorded in the Office of the Recorder of Deeds of
Cumberland County, Pennsylvania, on April 17, 1979 in Plan Book 26, Page 50,known
as Unit No. 36 in Building"F", consisting of 5,002 square feet and described on said As
Built Plan by metes and bounds which description is likewise herein incorporated by
reference.
TOGETHER with a residence situate thereon known and numbered as 36 Drexel Place,
New Cumberland, Pennsylvania 17070.
UNDER AND SUBJECT to the covenants,restrictions, easements, charges, liens,terms,
rights, agreements, conditions, exceptions,reservations and exclusions as contained and
more fully set forth in Trust Deed between Foxlea Nominee Corp., and Cumberland
County National Bank and Trust Company, dated November 21, 1973 and recorded in
the Office of the Recorder of Deeds in and for Cumberland County in Deed Book"K",
Volume 25, Page 912, as amended by Amendment thereto, dated August 26, 1974 and
recorded in the Office aforesaid in Deed Book"T", Volume 25, Page 470, and by
Amendment thereto dated April 21, 1975 and recorded in the Office aforesaid in Deed
Book"A",Volume 26, Page 303, and any amendments to the foregoing as may be made
from time to time.
UNDER AND SUBJECT to easements, rights granted to public utilities and other rights,
covenants and restrictions of record.
The Grantee, for and on behalf of the Grantee,his/her heirs, personal representatives,
successors and assigns, by acceptance and recordation of this Deed, acknowledge that
this conveyance is subject in every respect to the aforesaid Trust Deed by Foxlea
Nominee Corp., to Cumberland County National Bank and Trust Company, dated
November 21, 1973 and recorded in the Office of the Recorder of Deeds in and for
Cumberland County in Deed Book"K", Volume 25,Page 912, as amended by
Amendment thereto dated August 26, 1974 and recorded in the Office aforesaid in Deed
Book"T", Volume 25, Page 470, and by Amendment thereto dated April 21, 1975 and
recorded in the Office aforesaid in Deed Book"A",Volume 26, Page 303, and any
amendments to the foregoing as may be made from time to time, and all Amendments
thereto; acknowledge that each and every provision thereof is essential to the successful
operation and management of Foxlea Residential Community, and in the best interest and
for the benefit of all Lot Owners therein; and covenants and agrees, as a covenant running
with the land,to abide by each and every provision of the aforesaid documents.
BEING THE SAME premises which Kevin J. Gore, by his deed dated December 17,
2008 and recorded in the Cumberland County Recorder of Deeds Office to Instrument
Number 200840764 granted and conveyed unto Anastasia Shive.
BEING TAX PARCEL# 13-25-0008-002A-OF-36-1
Exhibit "A"
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO. 11-5477 Civil
COUNTY OF CUMBERLAND) CIVIL ACTION—LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due MEMBERS 1sT FEDERAL CREDIT UNION Plaintiff(s)
From ANASTASIA L. SHIVE A/K/A ANASTASIA SHIVE
(1) You are directed to levy upon the property of the defendant(s)and to sell SEE LEGAL
DESCRIPTION.
(2) You are also directed to attach the property of the defendant(s)not levied upon in the possession
of
GARNISHEES)as follows:
and to notify the gamishee(s)that: (a)an attachment has been issued;(b)the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant(s)and from delivering any property of the defendant
(s)or otherwise disposing thereof;
(3) If property of the defendant(s)not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee,you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due: $74,094.50 L.L.:
Interest 11/2/11 AT THE RATE OF$15.78 PER DAY
Atty's Comm: Due Prothy:$2.25
Atty Paid: $1558.43 Other Costs:
Plaintiff Paid:
Date: 12/6/12
David D.Buell, honotary
(Seal)
Deputy
REQUESTING PARTY:
Name: KARL M. LEDEBOHM,ESQUIRE
Address: P.O. BOX 173
NEW CUMBERLAND,PA 17070-0173
Attorney for: PLAINTIFF
Telephone: 717-938-6929
Supreme Court ID No. 59012 TRUE COPY FROM RECORD
In Testimony whereof,I here unto set my hand
and the seal of said Co at Carlisl 2 Pa.
0 day°f Prothonotary
t-�e'ja 4, %�a� 'Q7
On December 11, 2012 the Sheriff levied upon the
defendant's interest in the real property situated in
Lower Allen Township, Cumberland County, PA,
Known and numbered as, 36 Drexel Place, New
Cumberland, more fully described on Exhibit
"A" filed with this writ and by this reference
incorporated herein.
Date: December 11, 2012
By:
Real Estate Coordinator
Z 0 :b C L- 330 110Z
2011.5477 Chdl
Members 1st FCU
Vol '`
AnaStWW L.Shhro
Mr.Kati 1k:Lsttad hot
ALL THAT CEMi N lot or piece of
land, situate in the'Township of Lower
Allen, County of Cmnbie land, and
Commonwealth of Pemsylviuk bounded
and described in accordance with Plan
showing Foxlea Residential Community
Vrl i One, Phase, One, Section B,
made by Gerrit J. Betz Associates,
Inc., dated November 3, 1978, and last
revised February 27, 1979, as recorded
in the Office of the:Recorder of Deeds
of Cumberland County, Pennsylvania,
on April 17,1979 in Plan'Book 26,Page
•50, known as Unit No. 36 in Building
"F",consisting of 5,062 square feet and
described on said As Built Plan by metes
and bounds which description is likewise
herein incorporated by reference.'
TOGETHER with a residence situate
thereon known and r edas36Drexel
Place, New `Pennsylvania
17070.
UNDER: AND Jo .the
covenants, easements,
charges,liens,terms, ts,'agtxements,
conditibro, exceptions;:reservations and,
exclusions as contained and more fully
set forth in Must,Deed between Foxlea
Nominee Corp,and Cumbedand County
Natiotrat Banlratid-dried.
November 21, 1973,and recorded in the
Office of the Recorder of Deeds in and
for Cumberland County in Deed Book
"K",Volume 25,Page 912,as amended
by Amendment thereto,dated August 26,
1974 and recorded in the Office aforesaid
in Deed Book`°1'",Volume 25,,Page 470,
and by Amendment thereto dated April 21,
1975 and recorded in the Office aforesaid
in Deed Book"X,Volume 26,Page 303,
and any amendment}to the foregoing as
may be made from time to time,;-
UNDER.AND SUBJECT to easements,
rights granted to,p*#c utilities and
other rights,covenants and restrictions of .
record.The Grantee,for and on behalf
of the Grantee, his/her heir@;personal
representatives, successors and assigns,
by acceptance and recordation of this
Deed,acknowledge that this conveyance
is subject in every respect to the aforesaid
'Dust Deed by Foxlea Nominee.Corp,to
Cumberland County National,Bank and
Must Company,dated 4ftp fe ,1978
and recorded in the Office
of Deeds in and for C$6kiffind4County
in Deed Book "K", Volume 25, Page
912,as amended by Amendment thereto
dated August 26, 1974 and recorded in
the Office aforesaid in Deed Book-T-,
Volume 25,Page 470,and by Amendment
thereto dated April 21,1975and recorded
in the Office aforesaid in Deed Book"A",
Volume 26,Page 305,and anyamendments
to the foregoing as may bemade from time
to time, and all Amendments thereto;
acknowledge that each and every provision.
thereof is essential to the successful
operation and management of Fadea
Residential Community,and in the lfest
interest and for the benefit of all Lot.
Owners therein;and covenants and agrees,
as a covenant running with the land,tq
abide by each and every provision of the
aforesaid documents.
BEING THE SAME,premises which
Kevin J'Gore,by his deed dated December
17,2M8 and recorded in the Cumberland
County Recorder of Deeds Office to
Iashipent Number 2008%JO'14 panted
The Patriot-News Co.
a.. 2020 Technology Pkwy t4t r
Suite 300
Mechanicsburg, PA 17050 Now you know
Inquiries - 717-255-8213
CUMBERLAND CO. SHERIFFS OFFICE
CUMBERLAND COUNTY COURT HOUSE
CARLISLE PA 17013
THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
Under Act No. 587, Approved May 16, 1929
Commonwealth of Pennsylvania, County of Dauphin) ss
Marianne Miller, being duly sworn according to law, deposes and says:
That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the
Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the
Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday
Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State
aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949,
respectively, and all have been continuously published ever since;
That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular
daily and/or Sunday/Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said
Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as
to the time, place and character of publication are true; and
That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on
behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the
stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds
in and for said County of Dauphin in Miscellaneous Book"M", Volume 14, Page 317.
PU$LICATION COPY This ad ran on the date(s)shown below:
•
01/22/13
01/29/13
02/05/13
Sworn t and subscribed before melhis 14 day of February, 2013 A.D.
AU� 0 � __V-111 16 —1
(7i u lic W4_9�
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Holly Lynn Warfel,Notary Public
Washington Twp.,Dauphin County
My Commission Expires Dec.12,2016
MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES
V.,t)e atriat-News
Now you know
2020 Technology Parkway STE 300
Mechanicsburg,PA 17050-9498
(717)255-8237
BILL TO: Cumberland County Sheriffs Office
Cumberland County Court House
Carlisle, PA 17013
ACCT.# 2260
DUPLICATE BILL
Date Description Sale# Size Rate Net Cost
Of Ad
01/22/13 Sheriff Sale 5477 12.61 $20.00 $ 252.20
01/29/13 Sheriff Sale 5477 12.61 $20.00 $ 252.20
02/05/13 Sheriff Sale 5477 12.61 $20.00 $ 252.20
Notary Fee $5.00
TOTAL DUE FOR THIS SALE: $ 761.60
Jac
CUMBERLAND LAW JOURNAL
Writ No. 2011-5477 Civil 26,Page 303,and any amendments
to the foregoing as may be made from
Members 1st FCU time to tune.
UNDER AND SUBJECT to ease-
vs. ments,rights granted to public utili-
Anastasia L. Shive ties and other rights,covenants and
Occupant restrictions of record.
Atty.: Karl M. Ledebohm The Grantee,for and on behalf of
ALL THAT CERTAIN lot or piece the Grantee,his/her heirs,personal
of land, situate in the Township of representatives, successors and
Lower Allen,County of Cumberland, assigns,by acceptance and recorda-
and Commonwealth of Pennsylva- tion of this Deed, acknowledge that
nia, bounded and described in ac- this conveyance is subject in every
cordance with Plan showing Foxlea respect to the aforesaid Trust Deed
Residential Community Village One, by Foxlea Nominee Corp., to Cum-
Phase One,Section B,made by Ger- berland County National Bank and
rit J. Betz Associates, Inc., dated Trust Company,dated November 21,
November 3, 1978, and last revised 1973 and recorded in the Office of the
February 27, 1979, as recorded in Recorder of Deeds in and for Cum-
the Office of the Recorder of Deeds berland County in Deed Book "K",
of Cumberland County, Pennsylva- Volume 25,Page 912,as amended by
nia, on April 17, 1979 in Plan Book Amendment thereto dated August 26,
26, Page 50, known as Unit No. 36 1974 and recorded in the Office afore-
in Building "F", consisting of 5,002 said in Deed Book "T", Volume 25,
square feet and described on said Page 470,and by Amendment thereto
As Built Plan by metes and bounds dated April 21, 1975 and recorded
which description is likewise herein in the Office aforesaid in Deed Book
incorporated by reference. "A", Volume 26, Page 303, and any
TOGETHER with a residence situ- amendments to the foregoing as may
ate thereon known and numbered as be made from time to tune, and all
36 Drexel Place, New Cumberland, Amendments thereto; acknowledge
Pennsylvania 17070. that each and every provision thereof
UNDER AND SUBJECT to the is essential to the successful opera-
covenants, restrictions, easements, tion and management of Foxlea Resi-
charges, liens, terms, rights, agree- dential Community, and in the best
ments,conditions,exceptions,reser- interest and for the benefit of all Lot
vations and exclusions as contained Owners therein; and covenants and
and more fully set forth in Trust Deed agrees, as a covenant running with
between Foxlea Nominee Corp.,and the land,to abide by each and every
Cumberland County National Bank provision of the aforesaid documents.
and Trust Company, dated Novem- BEING THE SAME premises
ber 21, 1973 and recorded in the which Kevin J. Gore, by his deed
Office of the Recorder of Deeds in dated December 17, 2008 and re-
and for Cumberland County in Deed
Book"K", Volume 25, Page 912, as corded in the Cumberland County
amended by Amendment thereto, Recorder of Deeds Office to Instru-
dated August 26, 1974 and recorded ment Number 200840764 granted
in the Office aforesaid in Deed Book and conveyed unto Anastasia Shive.
"T", Volume 25, Page 470, and by BEING TAX PARCEL # 13-25-
Amendment thereto dated April 21, 0008-002A-OF-36-1.
1975 and recorded in the Office
aforesaid in Deed Book"A",Volume
99
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
COMMONWEALTH OF PENNSYLVANIA
ss.
COUNTY OF CUMBERLAND :
Lisa Marie Coyne,Esquire, Editor of the Cumberland Law Journal, of the County and
State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law
Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid,
was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
viz:
January 25, February 1, and February 8, 2013
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are true.
f isa Marie CoynyEditor
t
SWORN TO AND SUBSCRIBED before me this
8 day of Februar 2013
Notary
NOTARIAL SEAL
DEBORAH A COLLINS
Notary Public
CARLISLE BOROUGH,CUMBERLAND COUNTY
My Commission Expires Apr 28,2014
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
ISS:
1, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that
the Sheriff s Deed in which Members 1 st Federal Credit Union is the grantee the same having been sold
to said grantee on the 6th day of March A.D., 2013, under and by virtue of a writ Execution issued on
the 6th day of December,A.D., 2012, out of the Court of Common Pleas of said County as of Civil
Term, 2011 Number 5477, at the suit of Members 1 st Credit Union against Anastasia L. Shive a/k/a
Anastasia Shive is duly recorded as Instrument Number 201312996.
IN TESTIMONY WHEREOF, I have hereunto set my hand
and seal of said office this o�3 day of
A.D.
Recorder of Deeds
d Crt 60ft d 0214 CWW PA
My BW*W the Fret Monday of Jan.2014