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HomeMy WebLinkAbout11-7206k ? Ef) -C F ILE: qtr! s ii` J: r? r. rL"!,110 C 0 U N T Y Karl A Ledebohm, Esquire P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 MEMBERS 1 FEDERAL CREDIT UNION PLAINTIFF Vs. SHAUN D. SPANGLER DEFENDANT IN THE COURT OF CUMBERLAND CC PENNSYLVANIA NO.. I I- ?C? CIVIL ACTION - PLEAS Civi, f THIS LAW OFFICE IS A DEBT COLLECTOR AND WE ARFE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIE T. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FO THE PURPOSE OF COLLECTING THE DEBT. YOU HAVE BEEN SUED IN COURT. If you wish to defend set forth in the following pages, you must take action within twenty (2t Complaint and Notice are served by entering a written appearance pers attorney and filing in writing with the Court your defenses or objection forth against you. You are warned that if you fail to do so, the case ma you and a judgment may be entered against you by the Court without f any money claimed in the Complaint or for any other claims or relief n Plaintiff. You may lose money or property or other rights important to YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER A YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFO ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGE OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A RED FEE. gainst the claims days after this rally or by to the claims set proceed without rther notice for guested by the ONCE. IF FFICE SET MATION E MAY BE THAT MAY FEE OR Nns Os?? za'00.ro aA? Cox /333 1? Q( q?ss CUMBERLAND COUNTY BAR ASSOCIA' 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 defend demandas expuestas en las paginas siguientes, usted tiene viente (20) partir de la fecha de la demanda y la notification. Usted debe present escrita o en persona o por abogado y archivar en la corte en forma es4 sus objections a las demandas en contra suya. se de estas as de plazo al una apariencia to sus defensas o Se ha avisado que si usted no se defiende, la corte tomara medi y puede entrar una orden contra usted sin previo aviso o notification y por cualquier eja o alivio que es pedido en la peticion de demanda. USTED PUEDE PERDER D RO O OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIAT NTE. SI USTED NO TIENE O CONOCES UN ABOGADO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION ISE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE U PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIA 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717)249-3166 OR (800)990-9108 Karl M. Ledebohm, Esq. P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 MEMBERS 1sT FEDERAL CREDIT UNION PLAINTIFF Vs. SHAUN D. SPANGLER IN THE COURT OF CUMBERLAND CO PENNSYLVANIA NO.. DEFENDANT(S). : CIVIL ACTION-EQ COMPLAINT AND NOW, comes Members 1St Federal Credit Union, the captioned matter, by and through its attorney Karl M. Ledebohm, following complaint: I 9 PLEAS in the above and makes the 1. Plaintiff, Members 1St Federal Credit Union ("Members 1St' )'), is a National Federal Credit Union having a principal address of 5000 L wise Drive, Mechanicsburg, PA 17055. 2. Shaun D. Spangler ("Defendant"), is an adult individual having a last known address of 28 Sussex Road, Camp Hill, PA 17011. 3. Defendant is currently, and has been at all times relevant h 'reto, the owner of that certain real estate and improvements erected thereon si hiate in Lower Allen Township, Cumberland County, Pennsylvania, kno and numbered as 28 Sussex Road, Camp Hill, PA 17011 (the "Property"), as more particularly set forth and described in the deed (the "Deed") dated October 24, 2002 and recorded in the Cumberland County Recorder of Deeds Office at Deed Book 254, Page 1961. A copy of the Deed is attached hereto as E bit "A" and made part hereof. 4. On or about March 28, 2006, Defendant executed and deliv' red to Members 1St a mortgage (the "Mortgage") on the Property in the original principal amount of TWENTY THOUSAND AND 00/100 ($20,000. 0) dollars. 5. On or about April 26, 2006, the Mortgage was recorded in e Cumberland County Recorder of Deeds Office at Mortgage Book 1948, age 0268. A true and correct copy of the Mortgage is attached hereto as Exhibit "B" and made part hereof. 6. The Mortgage secures to Members 1St Defendant's obligati ins under that certain Closed-End Note, Disclosure, Loan and Security A eement dated March 28, 2006 in the original principal amount of $20,000 00 (the "Note") 2 executed and delivered to Members 1 St by Defendant. A co 'l of the Note is attached hereto as Exhibit "C" and made part hereof. 7. On or about June 8, 2011, Members 1St mistakenly caused alSatisfaction Piece (the "Satisfaction Piece") satisfying the Mortgage to be rec ded in the Cumberland County Recorder of Deeds Office at Instrument Number 201116289. A copy of the Satisfaction Piece is attached hereto as Exhibit "D" and made part hereof by reference. 8. The Satisfaction Piece was executed and recorded by Mem 'ers 1St by mistake. 9. As of the date hereof, an outstanding balance of principal i the amount of approximately $17,551.59 continues to remain due and owi' g to Members 1St by Defendant in connection with the obligation evidenced the Mortgage. 10. All parties having an interest in the Property which may be adversely effected by the reinstatement of the Mortgage have been joined here as defendants as reflected in the lien search attached and incorporated herein as Exhibit "E." 11. Under Pennsylvania Law, a release or satisfaction of a mortgage by mistake may be set aside and the mortgage reinstated so long as riots of third parties are not involved. 12. As set forth in the lien search attached hereto as Exhibit "E' and made part hereof, no rights of third parties are involved in this matter. 13. The only mortgage of record against the Property as set fort on Exhibit "E" is the mortgage in favor of Members 1St Federal Credit Union ated October 31, 2002 and recorded November 5, 2002 at Cumberland Counily Mortgage Book 1780, page 4475, which mortgage was subsequently assign 'd to SunTrust, 3 Inc., by assignment recorded at Miscellaneous Book 691, ge 2659 (the "SunTrusts Mortgage"). 14. The Suntrust Mortgage will not be adversely effected by the reinstatement of the Mortgage in favor of Members 1St and will continue to 4njoy priority over the Mortgage in favor of Members 1 St after reinstatement o same. 15. In the event the Mortgage is not reinstated of record as a li against the Property, Members 1St will suffer irreparable harm in that i security interest in the Property will be impaired. 16. In the event the Mortgage is not reinstated, Defendant will ? e unjustly enriched. WHEREFORE, Plaintiff, Members 1St Federal Credit Union, requests this Court to enter an Order of Court: 1. Directing that the Satisfaction Piece be set aside; 2. Reinstating the Mortgage of record as a lien against the Pro erty and the corresponding Note in favor of Members 1St Federal Credit Union as if the Satisfaction Piece had never been entered of record; 3. Directing the Recorder of Deeds for Cumberland County to?lcancel the Satisfaction Piece and to index the Mortgage against 4. Directing the Recorder of Deeds for Cumberland County to Istrike, void and/or remove any indication that the Mortgage has been satisfied hich may appear on the Mortgage of record, any and all indexes and/or the c ; nputer system on which recording information is stored in the Recorder of D ds Office relating 4 to the Purported satisfaction as a result of the recording of Piece; and, 5. Granting such other relief as this honorable Court deems Respectfully Date: f /-) 77, "4t- ,Karl M. Ledebc Supreme Court P.O. Box 173 New Cumberla (717)938-6929 Attorney for PL Satisfaction /f i, Esq. # : 59012 PA 17070-0173 a 09/13/11 13:14 FAX 7172438955 Douglas Law Office (6003 I F Z, gift J ""P,LAfID COUNTY- DEED WARRANTY IND. ORCORP, ?2 f??? 5 Ate 10 33 PARCEL NO.: 13-23-0557-06 This Deed, made the day of ? zooz ?ZJ n Between Mary S. Levendusky, formerly known as Mary S. Eberts, and Edmund T Levendusky, her busbaed herein designated 4s the Grantors, And Shaun D. Spangler herein designated 4 the Grantees, Witnesseth, that the Grantors, for and in consideration of Eighty-Seven Thousand Five Hundred and 00/100 Dollars ($87,500) lawful money of the United States of America, to the Grantors in hand well and ruly pald by the Grantees, at or before the sealing and delivery of these presents, the receipt wh eof is hereby eIr acknowledged and the Grantors being therewith fully satisfied, do by these Ares 'nts grant, bargain, sell and convey unto the Grantees forever, ALL THAT CERTAIN tract or Parcel of land and premises, situate, lying ?.d being in the Township of Lower Allen in the County of Cumberland 'and Commonwealth f Pennsylvania, more particularly described as follows: BEGINNING at a stake on the Eastern side of Sussex Rood (50 feet wide) which Point of BEGINNING is a distance of eighty (80) feet measured along Sussex Road from ussex Circle and at corner of Lot No. SO on the hereinafter mentioned Plan of Lots; thence al Ing Sussex Road North twenty-five (25) degrees twenty-eight (28) minutes West a distance of sixty (60) feet to a stake; thence by Lot No, S2 on said Plan North sixty-four (64) degrees thirty-two '1(32) minutes East a distance of one hundred ten and ninety-eight hundredths (110.98) feet to '/stake; thence by Lot No. 49 on said Plan South ten (10) degrees thirty-three (33) minutes East distance of sixty-two and nine hundredths (62.09) feet to a point; thence by Lot No. SO on said Plan South sixty-four (64) degrees thirty-two (32) minutes West a distance of ninety-five (95) eet to a stake, the place of BEGINNING. BEING Lot No. 51, Tract No. 3 on the Plan of Cumberland Park as recorded in County Plan Book 6; Page 3. HAVING thereon erected a one storyframe dwelling house known as 28 Sussex AS surveyed by D. P. Raffensperger Associates, Camp Hill, PA March 29, 1973. BEING THE SAME PREMISES which Lewis W. Kelly by his deed dated July 13, 993, and recorded July 29, 1993 in the ice of the Recorder of Deeds in and for Cumberl Ind County, Pennsylvania, in Deed Book K, Yolume 36, Page 1069, The said Edmund T. Leve dusky joins in this conveyance to transfer any right, title and interst he may have in said proper by virtue of his marriage to Mary S. Levendusky, formerly known as Mary S. Eberts. F _ ti54 nF 09/1312011 12:15:38 PM Exhibit "A" Inst.# 200244996 - Page 1 of 4 09/13/11 13:15 FAX 7172438955 Douglas Law Office Together with all and singular the buildings, improvements, ways, woods, waters, alercourses, rights, liberties, hereditaments and appurtenances to the same belonging or in any ise appertaining; and the reversion and reversions, remainder and remainders, rents, /'sues and profits thereof, and of every part and parcel thereof; And A1so all the estate, right, "tle, interest, use, possession, property, claim and demand whatsoever of the Grantors both in la and in equity, or, in and to the premises herein described and every part and parcel thereo with the appurtenances. To Have And To Hold all and singular the premises herein descri d together with the hereditaments and appurtenances unto the Grantees and the Grantees' pro er use and benefit forever. And the Grantors covenant that, except as may be herein set forth, they do and will pecially Warrant and Defend the lands and premises, hereditaments and appurtenances hereby conveyed, against the Grantors and all other persons lawfully claiming the same or to claim the same. In all references herein to any parties, persons, entities or corporations, the se of any particular gender or the plural or singular number is intended to include the appro iate ,gender or number as the text of the within instrument may require. Wherever in this instrument any parry shall be designated or referred to by n' me or general reference, such designation is intended to and shall have the same effect as the words "heirs, executors, administrators, personal or legal representatives, successors and 'ssigns" has been inserted after each and every such designation. In Witness Whereof, the Grantors have hereunto set their hands and seals, if a corporation, it has caused these presents to be signed by its proper corporate office and its corporate seal to be affixed hereto, the day and year first above written. Signed, Sealed and Delivered in the presence of ? o nested by S Maw Mary . Levendusky, known as Mary S. Eb Mary S Edmund T. Commonwealth of Pennsylvania, County of Oui 1 bt r 16A,? }ss.- Be It Remembered, that on C ?4 Jy 960:2 before me the subsc fiber personally appeared Mary S. Levendusk y, formerly known as Mary S.Eberis, and 'Edmund T. Levendusky, her husband known to me (or sat/ actoril' sf y proven) to be the persons whose names are subscri „, ' .. within deed and acknowledged that they executed the same for the purposes th "mess my hand and seal the day and ye aforesaid. 1?+c rtsr. y KOTARIAL SEAI iIA M. CRONEN, Noley PuU (///?'r l/ n^ ;:• ?r 1 CwnpN Fnll Horo, C F#-4% oonH tr'Oi ? " F; n ra^ M8V-1: 2003 Cr!: -JVLV 9COn 254 iACF 962 (6004 09/13/2011 12:15:38 PM CUMBERLAND COUNTY Inst.# 200244996 - Page 2 of 4 09/13/11 13:15 FAX 7172438955 Douglas Law Office Commonwealth of Pennsylvania, County of Be It Remembered, that on before me the s, personalty appeared who acknowledged self to be the of a Corporation, and that being authorized to do so as such corporate officer executed foregoing instrument for the purposes therein contained on behalf of the corporation. Witness my hand and seal the day and year aforesaid. Mary S. Levendusky, formerly known as Mary S. Eberts and Edmund T. Levendusky, her husband TO Shaun D. Spangler Dated The Undersigned certifies that the precise residence and complete post office address of the Grantee is; 28 Sussex Road Camp Hill, PA 17011 Max 254 PAcrJ963 0005 09113/2011 12:15 38 PM CUMBERLAND COUNTY I Inst.# 200244996 - Page 3 of 4 09/13/11 13:16 FAX 7172438955 Douglas Law Office Z006 ,, , a MIN r 1 N 1 1 I J _s1 r cp t ?? ?' VV?? ? p P , H gS I+1 ? ? M O J1 L ,I , ?Z • m C N P p rt+ `? C 0 ?OOK 25, M t .fT F ' ' O ? °4 8SBig o1:9 K ig o! y 09/13/2011 12:15.38 PM CUMBERLA ND COUNTY inst.# 200244996 - Page 4 of 4 / 35 '5? Prepared By: Members 1st FCU 5000 Louise Drive Mechanicsburg, PA 17055 When recorded mail to: FIRST AMERICAN TITLE INSURANCE 1228 EUCLID AVENUE, SUITE 400 CLEVELAND, OHIO 44115 ATTN: FT1120 MD 23 Co U1 tb 1006 APR 26 APl 9 58 MORTGAGE q1 Made 03/28/2006 <? q??s Between SHAUN D SPANGLER (hereinafter called "Mortgagor" And MEMBERS 1ST FEDERAL CREDIT UNION (hereinafter Whereas, Mortgagor has executed and delivered to Mortgagee a certain Mortg called the "Note") of even date herewith, payable to the order of Mortgagee in the 1 $ 20,000.00 , lawful money of the United States of America, and for payment of any additional moneys loaned or advanced thereunder by Mortgage interest thereon at the rate provided in the Note, in the manner and at the times ther containing certain other terms and conditions, all of which are specifically incorpor reference; Now, Therefore, Mortgagor, in consideration of said debt or principal sum and payment of the same and interest as aforesaid, together with all other sums payable the terms of the Note, does grant and convey unto Mortgagee, All that certain property of the Mortgagor located in LOWER ALLEN TOWNSHIP Cumberland County, Pennsy SEE EXHIBIT "A" which currently has the address of CAMP HILL [City] Acct No 125536-05 "Mortgagee") ge Note (hereinafter •incipal sum of as provided therein , together with in set forth, and ted herein by security for the eunder or under is Pennsylvania [Street] I App1D 146291 Code] Page 1 of 4 rv c c? =D r rn Exhibit "B" Together with the buildings and improvements erected thereon, the belonging and the reversions, remainders, rents, issues and profits there To Have and To Hold the same unto Mortgagee, its successors and assigns, thereunto Provided, However, That if Mortgagor shall pay to Mortgagee the aforesaid de t or principal sum, including additional loans or advances and all other sums payable by Mortgagor to ortgagee hereunder and under the terms of the Note, together with interest thereon, and shall keep and p' rform each of the other covenants, conditions and agreements hereinafter set forth, then this Mortgage and the estate hereby granted and conveyed shall become void. This Mortgage is executed and delivered subject to the following covenants, conditions and agreements: (1) The Note secured hereby shall evidence and this Mortgage shall cover and a security for any future loans or advances that may be made by Mortgagee to Mortgagor at any time 'r times hereafter and intended by Mortgagor and Mortgagee to be so evidenced and secured, and such to ns and advances shall be added to the principal debt. (2) From time to time until said debt and interest are fully paid, Mortgagor shall discharge, when and as the same shall become due and payable, all taxes, assessmer rents, and all other charges and claims assessed or levied from time to time by any L any part of the mortgaged premises and which shall or might have priority in lien or secured hereby, (b) pay all ground rents reserved from the mortgaged premises and mechanics' liens which may be filed against said premises and which shall or might or payment to the debt secured hereby, (c) pay and discharge any documentary stam including interest and penalties thereon, if any, now or hereafter becoming payable evidencing the debt secured hereby, (d) provide, renew and keep alive by paying the and charges thereon such policies of hazard and liability insurance as Mortgagee ma require upon the buildings and improvements now or hereafter erected upon the mol with loss payable clauses in favor of Mortgagor and Mortgagee as their respective it and (e) promptly submit to Mortgagee evidence of the due and punctual payment of charges; provided, however, that Mortgagee may at its option require that sums suff the foregoing charges be paid in installments to Mortgagee. (3) Mortgagor shall maintain all buildings and improvements subject to this Mc substantial repair, as determined by Mortgagee. Mortgagee shall have the right to e mortgaged premises at any reasonable hour for the purpose of inspecting the order, of the buildings and improvements erected thereon. Acct No 125536-05 AppID 146291 (a) pay and .s, sewer and water wful authority upon payment to the debt ay and discharge all lave priority in lien or other tax, n the Note necessary premiums y from time to time gaged premises, terests may appear, all the foregoing dent to discharge ge in good and upon the lition and repair Page 2 of 4 BK19!?R,Pr-'?69 (4) In the event Mortgagor neglects or refuses to pay the charges mentioned at ) above, or fails to maintain the buildings and improvements as aforesaid, Mortgagee may do so, add t e cost thereof to the principal debt secured hereby, and collect the same as a part of said principal debt. (5) Mortgagor covenants and agrees not to create, nor permit to accrue, upon all! or any part of the mortgaged premises, any debt, lien or charge which would be prior to, or on a pari with, the lien of this Mortgage. (6) In case default be made for the space of thirty (30) days in the payment of any installment of principal or interest pursuant to the terms of the Note, or in the performance by Mo gagor of any of the other obligations of the Note or this Mortgage, the entire unpaid balance of said principal sum, additional loans or advances and all other sums paid by Mortgagee pursuant to the terms of the Note or this Mortgage, together with unpaid interest thereon, shall at the option of Mortgagee an without notice become immediately due and payable, and foreclosure proceedings may be brought orthwith on this Mortgage and prosecuted to judgment, execution and sale for the collection of the same, together with costs of suit and an attorney's commission for collection of five percent (5%) of the otal indebtedness or $200, whichever is the larger amount. Mortgagor hereby forever waives and releases all errors in said proceedings, waives stay of execution, the right of inquisition and extension of time of payment, agrees to condemnation of any party levied upon by virtue of any such execution, and waiv s all exemptions from levy and sale of any property that now is or hereafter may be exempted by law' (7) Upon payment of all sums secured by this Mortgage, this Mortgage and the state conveyed shall terminate and become void. After such occurrence, Mortgagee shall discharge and satisfy this Mortgage. Mortgagor shall pay any recordation costs. Mortgagee may charge Mortgagor a fee or releasing this Mortgage, but only if the fee is paid to a third party for services rendered and the ch rging of the fee is permitted under Applicable Law. The covenants, conditions and agreements contained in this Mortgage shall bin inure to, the respective parties hereto and their respective heirs, executors, adminis assigns, and if this Mortgage is executed by more than one party, the undertakings shall be joint and several. Acct No 125536-05 App1D 146291 and the benefits shall tors, successors and d liability of each Page 3 of 4 911 t ! ate 'PG0 '-170 Witness the due execution hereof the day and year first above written. SHAUN D SPA Commonwealth of Pennsylvania ) ss: County of CUMMERLAND ) On this, the 28 day of MARCH 2006 , before MELISSA GREENWbOD , the undersigned officer, personally appeared SHAUN D SPANM YR me to be the person(s) whose name(s) are subscribed to th he/she executed the same for the purposes therein contained. In Witness Whereof, I hereunto set my hand and official seal. My commission expires: COMMONWEALTH Or PENNSYLVANIA Notarial Seal Melissa J. Greenwood, Notary Public Lower Allen Twp., Cumberland County MY Commission Expires May 12, 200 Member, Penncylyaniasnr.Jpt?.,, er l >tca a of Re idence of Mortgage e, Members IST Federal Credit Union, Mortgagee within named, hereby certifies t is 5000 Louise Drive, Mechanicsburg, PA 17055. _ By Acct No 125536-05 App1D 146291 atisfactorily proven to acknowledged that its residence Page 4 of 4 Bit 1 5? 8, PG11, 2 7 1 EXHIBIT A All that certain property situated in the TOWN /TOWNSHIP of LOWER ALLEN, in the County of CUMBERLAND, COMMONWEALTH OF PENNSYLVANIA , and being described as follows: 13-23-0557-069. Being more fully described in a deed dated 10/27/02 and recorded 11/05/02, among the land records of the County and State set forth above, in Deed Volume 254 and Page 1961. Permanent Parcel Number: 13-23-0557-069 SHAUN D. SPANGLER 28 SUSSEX ROAD, CAMP HILL PA 17011 Loan Reference Number 146291 First American Order No: 9189788 Identifier: FIRST AMERICAN LENDERS ADVANTAGE IIIINN 11111111111111 SPANGLER 9189788 FIRST AMERICAN LENDERS ADVANTAGE MORTGAGE 111111111111IIIIIIII IIIIIIilllllIIII IIIII 11111111 BK I 9b,8PG0272 5000 Louise Drive. P.O. Box 40 IV 1st Machaniuburg. PA 17055 MEMBERS I• rwrrev u•w C LC LOA SORROV&PS NAME AND AI SHAUN D $PANGLER WNCIAL ArtOUM? %, ANNUAL PERCENTAGE FINANCE CHARGE: Amount Financed: The amount of Total of Payments: The amount RATE: The cost of your credit as a The OOliar amount the credit will credo provided to you or on your you will have paid finer you have yeah Tale. • cost you. behalf. - made all payments as scheduled. 7.99 You s $ 20,303,36 a S 20.000.00 e $ 40,303.36 VadoOh Rate: S your loan has a vadabte ta% Y Indicaled $be" the Annual Percentage Role may Increase during the term or [No tr section a the (index) changes. The creA unbn teal add a in irgln of IOU" Index value. The rate will change monthly on the ffsl day of the month. The rate will flavor be h lee, end a wM never be IMS thon . Any Interest rate mamas will result h more psymsnl. of the some amount. For Exempt*, N your sr than the maximum nits silowed by an was for f5 000 st t S%lor N months and the Annual Percentage Rate Increased by 2% snar one year, the tam or your loon would Increase by Iwo months , Raw: If tacked. the bowing appllas to yew ban: ' Araasaa ? l Di ¦ eynM scounted Rate: Because you have agreed to make your nqubNon Irv payyt?anis through an rrioma CONK Yew ANNUAL PERCENTAGE RATE has bean discounted b 20% The ANNl1Al PENTI RATE disclo b d i deduction from your CMcit 13 yhgo y . a ove se n ale AtasmMio Psymrre DlscwnM RAW This tOovdN meats by .2d% If you aase the wlomatic payment errsngemo ll a fail to met cover the sustained peyrsenIn such a case, the Nhe$ of Site Inereue will be b Wand the term of yew ban. Fa ewmpla. if your ALA on a $6.000.00 bell for fie .41111 e and you ami the outomatk Payment snangemem your rate wed hereew to 10 20% In 1 its , @ ANNUAL PEll ENTAGE RATE box Is tein surreJent funds in your account to 4a Payment Disoovnled RNo Is 10% Il , . , g Vsdaltte MY ?referned Low! j, ry ow ban Is a variable rate teen and you quality for a preferred We. your preferred discount is taken WO prefaRW ANNUAL PERCENTAGE RATE well then var atxoMho to chan as di clo es in the inde d b F ona paymam. the tons you lake out your ben. TMs ' y g x ( s se a ove). or example, if a PERCENTAGE RATE Is 12% at the areas you take the ter. your haw(gaterred ANNUAL PERCENTAGE RATE will be WA% Your n sdabls rate ban s initial ANNUAL f al . RATE vA Mn very accost" to she index, as dtedosed In the -Variable Rate- Welon above, pre erred ANNUAL PERCENTAGE Feed Rate IN OW, If Loans, N your ben Is a fl red rate lam and you qually our a preferred role, your ANNUAL PERCENTAGE RATE it be the preferred ANNUAL -PERCENTAGE RATE dladosed abbw Isar se In- fie your merrso statue ramene in enact Number of Payments Amount of PsymenY Payment Fnqusncy when Payments Are Out ProeRV Inaura p : You may obtain property vow Peymrd 239 $167.04 Monthly - Beginning 05/1612000 insu r In Irom • the credit ration. 1 ens you went that is acceptable to yOu get the insurance from the sdtad:]. credit union you ill pay sea be. 1 $166.70 Final Due - On 04/1 612 02 6 $ N/A iseadgr; Collateral eaeudng other Ittw with the credit unlon the goods or Mperly Other will visa eeoun two ban. You are ghdrse a security interest in being purchased. (Des be): your ohm" on" deposit In the credll tirton, end: % ate Chorp?: RIM• hr wle Oy to tlaye a mare you tail Required Dopolit ailanu: The Annual Parcamage Rate does FI e el e d e% W eaarpao a d your ecMduhO a t nil Fen: Non-Filing Insurance: p ymen . not lake Into fleuum your required deposit awnca, If any. $ IA = NIA eaere aMYne?lls. My o • .you to e tar you owWax t any oasts ]amseon aewl noresyrnent, er eahaduW due it prepeyman nNroe ero p.:tW:ea. wk. any nsqulrM repaymw in US e Yt 1 C AMOUNT FINANCED $ 20,000.00 Amount Paid to others on your behalf (Desuibe) AMOUNT GIVEN TO YOU DIRECTLY $ 20.000.00 so .I To u mewu Luv s j0 rlnnemlalea 05 To AMOUNT PAID ON YOUR ACCOUNTS . To j i To $ To PREPAID FINANCE CHARGE a 0.00 j To $ uoo $ To Asra sowau $ To Foos To Ailed BOhnoni OTHER (DeaDrlbel: 28 SUSSEX ROAD CAMP HILL PA 17011 You Pledge Shares AMOUNT ACCOUNT NUMBER AMOUNT A OUNT NUMBER and/or Deposiw of j s You sgres that ate tams and condition In the disclosure slatsmsnt and the loan and sacrvly agreements located on page 2 of rinks doc nt shed apply to this loan. N More Is more pun ale loom omr, see agree that IN the comell lops of On loon and security apho nums gov¦rNng this loan shell apply to both fokny and Mindy. You ack owNOge that you have e aol6.1 ban and seamy agreements and disclosure statement. Cwigner: If you as signing at co sIgner, you ac krowledg' receipt d of the notice to co-slara x (SEAL) ,Zf. 13 C-0-MAKER 'OTHER OWNER (]'•C0-SIGNER DATE X (SEAL) Cf 0044/ um (] 'OTHER OWNER C] •'CO-SIGNER DATE X (SEAL) -orau awn: •sy ,rat k.. 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( pp ars r odd ou ewNle rr hmed for vm pnMIUi 3WO yMAOr?mNa WCwWreenlt a?idlww Watw ?brrJBdMa sbrra Nei cdali7wortxp In aMYen N ou I ? © ? a , y r oM Wismillle I peu00ypN? on NNpeywiliss MN?N1gMyeaewye?dayrll re rINtM¦srr1N lla n..y: lie otlglany. J. DtrMo fn?MnsY aY^erorsa taps) yEADB RYNW CmOr¦¦ (APC 7) ¦nd or taowY rw1' ds¦ra. woke. ? D ? a rat hsraa „? ==Cm. s/e nth b¦sM DMI a rle• letf) NtlMYdga r1d ee1N. It n!)' co-lpptJN fir I ¦Kww •NO' to peribn 1 or 1, M u,tlalYa ray antaer Y'tequabn,wtewra¦ro nth weenaparlrlnwrenuupro en rrounl not incsdirp 4100 toed nr peram N not a?gbr br YNrI11rO YN Tne aAa+d¦a lierfeV)to"""0=eaaaInlrd¦¦¦ppppblon Any Fenn wine knwMegly and rat Intent to WlreW any lnwnnncmp¦n1 or NJII~ sfsulrcrw" ray rrrelreteay Isles armelbrt or wece¦le for the p e Nararsaytg, Informed" cwcohn en a¦cI merMi) n whrk Ye M p.rpnnte .n .ypUaylon tx rwr.nc. to co k i M au fine wyew arse paeennNm1 le errirerl and civil grullW, W Mt eqn We apdNsadan B ury aFy4uae snesnn Butte. This biers apeeo Neva red been campleled,IM debtor has nth Nprrd end doled tat •ppllcalon and Vto. applkalon heat not been Zile a fed. appaea mm • • r•u em avens scl, sNllnol be used in contra 11 sou eppgu04 CREDIT INSURANCE APPLIED FOR: NOTE: ONLY ONE APPLICANT MAY A ALY FOR DISABILITY COVERAGE. ? Yea Q No Single Credit Life Total Premium ? Yes 0 No Credit Dias Illy Total Premium ? Yes Q No Joint Credit Ute indIcart, trh spptieatgsl: 0 Appilaant Q C.-Applead $ 0.00 ndic¦le which applicsnl(s), D APWcanl ) CoA , ppliunl ; j 0.00 4/a semwee Iaate atawr lorw}ddr• NkakalM Once •pplieesvh, DATE OF BIRTH DATE x• `f-3e-I go Vu-d APPIICA NrS SIGNATURE X 0 TE OF BIRTH DATE Mrn]ee A A Mt(:•eTatop ]7 lwSEa?vORD F. .7761 R.. 1A t Exhibit "C" --mmpnw.1 Ati rpnrr•e•ned. ISHAUN 0 SppPEEA??NG?LL?EETRR I1ee291 l 103 , 03/20/2000 ?Iryry NAMEDSA3 ffi fiO ?j)THE WORDS -CREDIT UNION' MEANS MEMBERS 1ST FEDERAL CREDIT UNION, THE WOROS "YO 'YOUR' AND "YOURS" MEAN THOSE LOAN AGREEMENT SECURITY AGREEMENT PaymentelFlmnce CharBaa: For velMe nice lvad, you promise to pay, at the CroOf lMlon'i o(tca, NI amounts due. All payyments shaA ba made purwanl to the dlsdosuro slefement on of 1 Of Ihts document. You understand Thal Ilea (Hann dsarga and tote' of paymanls shown on papa I of tills doctenanl are bated aft aseumprllon tlul NI inslallmeM ps menl: rr91 W is on Bile eC'ednuBYndWdue date4ry, and , If you he_ 9uaon, rikfeNadfwr fed IgliplayyoeumCONata me W is 6 1s 0»?14me it ii dueol VaWlpu c lay ed You eddal 4 kittens opt Ih° ovafidus amotinl. Allocation of Payments and Addldonal Payments: Payments end credits Shat be applied In the following order: any amounts past due; any fees or charges owing, Including any Insurance premiums; accrued interest or Mang charges; outstanding principal. Payments made In addition to regularly Scheduled payments shah be applied In the same order. Preferred Rate: It you quo for a prefaced rate as disclosed on page t of flit doctanent or M a crepe preferred rate addendum. you understand that you must meat the conditions dledosed to you In order to qualify for the preferred rata and must cOntlnue to most those ,ordNiofn In order lto keep your preferred rate. If you fat to meet those condrlUons, your vale will ?maa king pa thereby yments ex d to most al, 01:1111 lonirunoer You PAyr?a°lm°In even?ll it you no longer carve the pro Fred re la. Late Charoaa: If you make a late psymanl, you agree to pay a late charge If one is O on page 1 of this nl, Property Insurance: If you obtain a loan secured by a motor vehicie or othar tangbio property, y mud obtain Insurance which protects the credit union from NnanosI Ions. The amount and coversig of the property insurance must be ecce tabfe to the credit union. Such a policy must pproNde al least rare, then, combined additional coverages and collision lrutxsnp. n must contaln a Loss Payable clause endorsement naming the credit union as Nan holder. You may obtain this insurance from any agent of your choice and direct the agent to send the credit union a copy of the policy. Debtor Respomlbll.7: You promise to notify credit union of any change In your name, address dd employyment. You promise not to apply for a loan If you know t1hnaan N a asomble pprrobablluy that you will be unable to repay rou obligation acppr 1,, to tM'lima of tM u°d? exlension. You promise o inform credit union of my new Information which relates to your ability to reeppaay your obligallon. You promise cwt to submit false or InacW role kdormallon orMifully conceal Informs don regarding your credllwonhlneea, credit standing, or credit capacity. My 2. You will not a Ihs location of, all the credit wlyblfla'?a of writionn content 3. YOU I t6I iv tuse?ji°d lfoNn m mak"?r owns o ft=1.1 who has place. t. You wilt pry, all H, asses ems, It daseribed and ar eons o 4ep lie lt° 1 41 Or altos ed 11 lls pro y d on oused n s o u1 d suaab shelter. You so 0 to aecLle syrtematlt amendmen a at the credit y dod p ca enclrw StuCameMr en sicuNvv ? We quest and will defend ale Prepeny a0snet ad 6,44 thltd Pony elakne 5. You will maintain InsurwaI4Icl to cover gn credit untorl has a Sewrny Inmost Th amount ulidsdory I. ,olg erode union, vehicis or K proper in wnlcrl the nsi wY W h :any wh sat ou wPl suppry lie crack union wM Proof and the pfYpK,r 1, Or rylCtesrenreAT e olkpussu ha era s, .6."o transfer the collateral unless you have Collateral. trp or uII Villy Interests 2 p? tar any Weresl ay a non-m• IW the aaresment In he Indicated can. YOU aulnon2 1ne small omen 10 a M rite Of draft provided as proceeds of suc nsurwwA. ands ly ewes prat r to he some owes to the crsdIt union Yp toMK eulhod2e Ihs uu?edll union to vide your In.uranu Bernice CenIK w he naasaoary Inlonnatbn fa rare llon or adequate ooWv Bervi Lan I ?woN oufDeeneeffit k to yrW MdlNd?n Y Duet?ilorenr?ly fief tMpPro the of 4A 9 action of the credrl union, S. Should he sndit union feel am any tlme hat the securlly presented has 7. It. d.rnretl =u e end m.y Statutory Lion: If you are in default, Worst law rives the credliunion the right to app N 1 balance of shares andlor dividends In yjur account(s) at unl tYne bf deefarel to sad{f? 1 loan oe you are In de suit, the credit on may es N link flglll WRTOIn y r nOdd to YOU. UIV rights rod this W?meunion tw t losing tthem ag any of the credit Irrogelar Payments: The credit union may accept late paYmants or partial reeeent. In (use, without roaing any of the Payments. rig thts urderrthis aod m Co•alalt If you #n signing this agreement as a co-maker, you agree to be aqua naponslbk wwiilth the borrower, but the credit union may sum either a ef you. The credit union does not have to nod you that this agreematd has net been paid. The credit uMOqq may extend M term? of payment nd release any security without not;ing or rakes g you from responsibility on this agreement. Contractual Pledge of Shams: You pledge all your shares and deposits In the crate union, including future addatam, as security for this loan, In cue you d.feult lie CnaR unlm may ap?y "so shares and depeelb b the payment a cep Sums Ow at the time of defardl Including scab of collection end reasonable abo merylr hee, that the cmdh union may Inc-, up to 20% of the unpaid principal srd Interest No Ben or right to Impress a lien on ehrre* and deposb shall apply to eerryry of your shares which may be hold In on "I ndlvidust RNIremKrt Account' or'llaogh Plan.' 9, The %9V Itli vMll union I.d, Ill I security Interest which this agrooment 9. If thera?l morashen ens tpnower,?you ni weer eaM W eqw n agreement. 10. ThU securely rl eemmi not only binds Mite, and as ?rns. You we betrg asked to guerantes this debl. Think carefully before you do. If he borrower doesn't pay the debt, you win pay If you have to, and lluI you want to accept this responsibility, YY???y have to pay up to the MI amount of the debt If the borrower does not pay. You may also have to pay late fees c The creditor can collect this debt from you without first trylnp to collect from the borrower. The creditor can use the same can be used a4strtat the borrower, Such as suing you, oandshln9 your wages, etc. If this debt is ever In default, that fad i record. This notice Is not the contract that makes you Irable for the debt, coil(iedral?;,' X. side to IuIRe Ihet? sm°n?W INS aro but your eeee W., abnNltlnbra, 5100 Veil a sure you can afford to n costs, which Increase INS methods against you that no a pan of your credit F 437091/02 APPRO SYOns, en., 22a1070 Page 2 of 2 Parcel-13-23-0557-069 Shaun D Spangler MORTGAGOR N/A MORTGAGOR AFY SATISFACTION PIECE DATE OF MTG: 03/,'8/2006 DATE RECORDED: 04/26/2006 RECORDED IN BK: 1948 PG: 0268 TO MORTGAGE DEBT: 20,000.00 Members 1st Township of Lowe Allen FEDERAL CREDIT UNION MORTGAGEE Cumberland Count', Pennsylvania WHEREAS, Defense Activities Federal Credit Union applied to the National Credit Union Administration for permission to change its name to Members 1st Federal Credit Union which permission was granted effective April 11, 1994 and Whereof, Members 1st Federal Credit Union certifies that the debt secured by the above mentioned mortgage has been fully paid 'and that upon the recording hereof said mortgage shall be and is hereby full and forever satisfied and discharged. IN WITNESS WHEREOF, MEMBERS 1ST FEDERAL CREDIT UNION as executed this Satisfaction Piece this Wednesday, June 01, 2011. MEMBERS 1ST FEDERAL CREDIT UN ON Jessica R Baker Real Estate Loan Coordi ator COMMONWEALTH OF PENNSYLVANIA) ) SS: COUNTY OF CUMBERLAND ) On this Wednesday, June 01, 2011, before me, Jody L Travis, the undersigned officer, personally appeared Jessica R Baker, R'al Estate Loan Coordinator, Members 1st Federal Credit Union, known to me ('fthere r satisfactorily proven) to be the person whose name is subscribed, and ackn wledged that she executed the same to the within instrument for the purposes i n contained. IN WITNESS WHEREOF, I have hereunto sek my hand and o fic:ial seal. ARY PUBL COMMONWEALTH OF PENNSYL A Notarial Seal Judy L Travis, Notary Public Lower Allen Twp. Cumberland Cou 'ty My Commission Expires Sept 23, 2012 Mprnber r'ennsvlvaniz Assnciafion o{ t`! 'ta Exhibit "D" ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 201116289 Recorded On 6/8/2011 At 11:39:20 AM * Instrument Type - SATISFACTION PIECE Invoice Number - 88118 User ID - RZ * Mortgagor - SPANGLER, SHAUN D * Mortgagee - MEMBERS 1ST FEDERAL CR UN * Customer - MEMBERS 1ST FEDERAL CR UN * FEES STATE WRIT TAX $0.50 STATE JCS/ACCESS TO $23.50 JUSTICE RECORDING FEES - $11.50 RECORDER OF DEEDS PARCEL CERTIFICATION $10.00 FEES COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $50.50 * Total Pages - 2 I Certify this to be ecorded in Cumberland Co my PA ;R O * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. iu?uu012i6ii?mu? 09/13/11 13:13 FAX 7172438955 Douglas Law Office [Moor C' MBERLAND-PERRY ABSTRACT H' other A. Barbour 81190 Kensi Court H' mmelstown. PA 17036 7.713-9555 barbWrl @vzwfblackbery.net September 13, 2011 Karl M. Ledebohm, Esq. P.O. Box 173 New Cumberland, PA 17070 1 of t RE: Shaun D. Spangler TWO OWNER Premises: 28 Sussex Road, Camp Hill, Lower Allen Township, PA Search Dates: July 13, 1993 (Deed Book 26 K 1069) through Parcel No.: 13-23-0557-069 Land: 23,400 Imprv: 94,700 Total: 118,100 Taxes paid through 2010. Current Owner: MARY S. LEVENDUSKY, formerly know EDMUND T. LEVENDUSKY, her husband, Grantors to SHAUN marital designation), Grantee, by deed dated October 24, 2002, rec in Deed Book 254, Page 1961. land, County, 12, 2011 Mary S. Eberts, and SPANGLER, (no ded November 5, 2002, Mortgages: $87,500.00- Shaun D. Spangler, Mortgagor, to Mem ers 1St Federal Credit Union, Mortgagee, dated October 31, 2002, recorded November 5, 2 02, in Mortgage Book 1780, Page 4475. Assigned to SunTrust, Inc. (no address available) it Misc. Book 691, Page 2659, recorded November 5, 2002. Judgments: None. FYI: Complaint in Divorce filed between Jamie Spangler v. Shaun pangler, decree entered April 12, 2010, at Civil 2009-6173. (Jamie Spangler was searched.) Miscellaneous: 1. Such facts as an accurate survey or inspection of the 2. Public and private rights in and to that portion of the roadbed. might disclose. lying within the Exhibit "E" 09f13/2011 20:03 7179320317, KARLLEDEBOHM PAGE 07109 MEMBERS 1 ST FEDERAL CREDIT UNION IN THE COURT OF CUMBERLAND CC PBNNSXLVANIA NO.. PLEAS PLAINTIFF Vs. SHAUN D. SPANGLER DEFENDANT(S). : CIVIL ACTION-EQT VERIFICATION I, Dave Thomas, Lead Collector for Members I" Federal Credit'Union, being authorized to do so on behalf of Members 1" Federal Credit Union, her' by verify that the statements made in the.foregoing pleading are true and correct to the best of my information knowledge and belief: I undmrstmd that false statements made subject to a the penalties of 18 Pa. C.S.A. Section 4904, relating to unworn falsifi onto authorities. Members I" Federal Credit Union Dave Thomas, J ead Collector 5 SHERIFF'S OFFICE OF CUMBERLAND COUNTY 71 Ronny R Anderson Sheriff L4 Jody S Smith Chief Deputy ., i '! co' j ? Richard W Stewart 77 % k ? `- t 1 i . 1A r, ?tl A { t : Solicitor e? erfisl r ,. T . [I? 1'c Members 1st FCU vs. Shaun D. Spangler Case Number 2011-7206 SHERIFF'S RETURN OF SERVICE 10/10/2011 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: Shaun D. Spangler, but was unable to locate him in his bailiwick. He therefore returns the within Complaint In Equity and Praecipe for Lis Pendens as not found as to the defendant Shaun D. Spangler. Request for service at 28 Sussex Road, Camp Hill, Pennsylvania 17011 is vacant. However, the Defendant's mail is still being delivered to this address. SHERIFF COST: $58.44 October 10, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF ;c? Goun`ySuite Sheriff. Teleosoft, Inc. ?3w0"01 Karl M. Ledebohm, Esquire P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 P ELMS 1 1...VANIA MEMBERS 1sT FEDERAL CREDIT UNION PLAINTIFF Vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 11-7206 Civil SHAUN D. SPANGLER DEFENDANT CIVIL ACTION - EQUITY PRAECIPE TO REINSTATE COMPLAINT To the Prothonotary: Please reinstate the complaint filed in the above captioned matter. submitted, Date: October 24, 2011 arl M. Ledebohm, Esq. Supreme Court ID #: 59012 P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 Attorney for Plaintiff d a.?- V- W4 WR PH, 2. Karl A Ledebohm, Esquire P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 MEMBERS 1 FEDERAL CREDIT UNION PLAINTIFF Vs. SHAUN D. SPANGLER DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 11-7206 Civil CIVIL ACTION - EQUITY PRAECIPE TO SETTLE. DISCONTINUE AND END To the Prothonotary: Please mark the docket in the above captioned case settled, discontinued and ended without prejudice. Date: November 7, 2011 Kahl M. Ledebohm, Esquire Supreme Court ID #59012 P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 Attorney for Plaintiff