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HomeMy WebLinkAbout12-1650 Karl M. Ledebohm, Esquire P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 MEMBERS 1 J' FEDERAL CREDIT UNION PLAINTIFF Vs. .? ? ^,n? r1 ?Y?al TARP 14 `f COOT Iw. {J. 4?t IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: t.4 SO DAVID A. BARTLETT CIVIL ACTION - LAW DEFENDANT MORTGAGE FORECLOSURE NOTICE TO DEFEND AND CLAIM RIGHTS THIS LAW OFFICE IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claims or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, ABLE TO PROVIDE YOU WITH INFORMATION ABOUT THIS OFFICE MAY BE AGENCIES THAT MAY C ? ?,? 14- As,-? 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.(1977), 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.: DAVID A. BARTLETT DEFENDANT : CIVIL ACTION-LAW MORTGAGE FORECLOSURE COMPLAINT AND NOW, comes Members 1" 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 0 Federal Credit Union ("Members 1St"), is a National Federal Credit Union having a principal address of 5000 Louise Drive, Mechanicsburg, PA 17055. 1 2. David A. Bartlett ("Defendant"), is an adult individual having a last known address of 53 Elm Street, Pittsfield, MA 01201. 3. On or about October 7, 2010, Defendant borrowed from and agreed to repay to Members 1 s' THIRTY-NINE THOUSAND FOUR HUNDRED TEN AND 00/100 ($39,410.00) dollars (the "Loan"). The Loan is evidenced by a Note dated October 7, 2010 (the "Note") executed and delivered to Members 1St by Defendant. A copy of the Note is attached hereto as Exhibit "A" and made part hereof. 4. As security for the Loan, Defendant executed and delivered to Members V t a mortgage ("Mortgage") also dated October 7, 2010, on all that certain real estate and improvements erected thereon situate in Upper Allen Township, Cumberland County, Pennsylvania, known and numbered as 4 Sand Dollar Drive, Mechanicsburg, PA 17055 (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 October 25, 2010, the Mortgage was recorded in the Cumberland County Recorder of Deeds Office at Instrument Number 201030511. A true and correct copy of the Mortgage is attached hereto as Exhibit "C" and made part hereof. 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. 2 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 $438.28 each beginning on November 16, 2010 and continuing on or before the 16th of each month thereafter. 8. As a result of Defendant's default of Defendant's obligations under the Note and the Mortgage, on or about January 25, 2012, Members 1St provided to Defendant via regular, US certified mail, postage prepaid, return receipt requested, written notice addressed to Defendant at Defendant's last known address set forth in paragraph 2 above and the address of the Property, of its intent to foreclose Pursuant to the Act of January 30, 1974, P.L. 13, No. 6, 41 P.S. section 101, et. SeMc ., ("Act 6") and in particular section 403 thereof. A copy of the said notice is attached hereto as Exhibit "D" and made part hereof ("Act 6 Notice"). 9. Pursuant to notice published by PHFA in the Pennsylvania Bulletin (41 Pa.B. 2789), Members 1st is not required to provide to Defendant notice 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. sec.. ("Act 91 ") 10. A copy of US Postal Form 3877 evidencing the mailing of the Act 6 Notice(s) is attached hereto as Exhibit "E" and made part hereof. 11. Simultaneously, Members 1St forwarded to Defendant the same "Notices as set forth in paragraph 8 above and to the same addresses as set forth in paragraph 8 above by United States mail, first class, postage prepaid, bearing the return address of Members 1St. The Notice(s) forwarded to Defendant in said manner 12. 13. 14. have not been returned to the offices of Members 1St as undeliverable or otherwise. Defendant is indebted to Members Pt in the amount of THIRTY-NINE THOUSAND SEVEN HUNDRED EIGHTY-FIVE and 97/100 ($39,785.97) dollars itemized as follows: a. Outstanding principal $36,812.71 b. Interest to March 12, 2012 873.26 c. Late Charges 100.00 d. Attorney fees 2,000.00 e. Total due to Members 1St $39,785.97 Members 1 st reserves the right to recover additional actual, reasonable attorney's fees incurred in this matter in accordance with Defendant's agreements as set forth in the underlying Mortgage and Note and applicable law. 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. The obligation owed to Members 1St continues to accrue interest at the rate of $6.0514 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. 4 15. Members 1St is not seeking a judgment of personal liability (or an in personam judgment) against Defendant; however, Members 1St reserves the right to bring a separate action to establish that right, if such right exists. If Defendant has received a discharge of personal liability in a bankruptcy proceeding, this action in Mortgage Foreclosure is not an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the Property in accordance with Pennsylvania law. 16. As set forth above, Members 1St has made demand upon Defendant to make payment of the amounts due to Members 1St under the Mortgage and the Note. However, as of the date hereof, Defendant continues to fail and refuse to pay the amounts due to Members 1 st WHEREFORE, Plaintiff, Members 1St Federal Credit Union, demands judgment, IN REM, against Defendant, David A. Bartlett, in the amount of THIRTY-NINE THOUSAND SEVEN HUNDRED EIGHTY-FIVE and 97/100 ($39,785.97) DOLLARS plus interest at the rate of $6.0514 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. 1cespecr1tut onut[ea, ?i Date: r arl M. Ledebohm, Esq. ` f Supreme Court ID # : 59012 P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 Attorney for Plaintiff PROMISSORY NOTE --- PYfneipal Loan Date IVY tMty Loan lvo Call Coll ACGottr7t Offic®r lnitjafs $39<410.00 10-07-2010 10-16-2017 _- Reterences in the buxes above are for Lender use only ano do not trrnit the apphcetAi1% of this documt-ni to any pail:n9r or Item Any item above c Obtaining has 'odrr omitted due to t xt length limitations Borrower: David A. Bartlett Lender: Members 1st Federal Credit Union P. 0, Be)( 213 ATTN: Small Business i ending Grantham, PA 17021 5000 Louise Drive Mechanicsburg, PA 1 70b6 Principal Amount: $39,410.00 Interest Rate: 6.000°'o Date of Note: October 7, 2010 PROMISE TO PAY. David A. Bartlett ('Borrower") promises to pay to Members 9st Federal Credit Union ("Lender°) or order, in lawful money of the United States of America, the principal amount of Thirty-nine Thousand Four Hundred Teri & 00/100 Dollars 1539,410.00}, together with interest on the unpaid principal balance from October 7, 2010, calculated as described in the "INTEREST CALCULATION METHOD" paragraph using an interest rate of 6.000% per annum, until paid in full. The interest rate may change undor the terms and conditions of the "INTEREST AFTER DEFAULT" section. PAYMENT. Borrower will pay this loam in 83 regular payments of $438.28 each and one irregular last payment estimated at $14,842.42. Borrower's first payment is due November 16, 2010, and all subsequent payments are due on the same day of each month after That. Borrower's final paynnew wi# be due oo October 16- 2017 and will be for all principal and all accrued interest not yet paid- Payments include principal and interest. Unless otherwise agreed or required by applicable law, payments wilf be applied first to any unpaid collection costs: then to any late charges; then to any accrued unpaid interest; and then to principai. Borrower will pay Lender at Lender's address shown above or at such other place as Lender may designate in writing. MAXIMUM INTEREST RATE. Under no circurnstonces will the interest rate on t'nis Note exceed texcept for a-,r i,ioncr default rate sho,nn below) the lesser of 13.000;-o per annum or the maximum rate allovved by applicable law. INTEREST CALCULATION METHOD, interest on this Note is computed on a 365/365 simple interest basis; that is, by applying the ratio of the interest rate over the number of days in a year, multiplied by the outstanding principal balance, multiplied by the actual number of days the principal balance is outstanding. All interest payable under this Note is computed using this method. PREPAYMENT MINIMUM INTEREST CHARGE. In any event, even upon full prepayment of this Note, Borrower understands that Lender is entitled to a minimum interest charge of $1.00. Other than Borrower's obligation to pay any minimum interest charge, Borrower may pay without penalty all or a portion of the <irriount owed earlier than it is due. Farly payments will not, unless agr,?ed to by lender in writing, relieve Borrower of Borrower's obligation to continue to make payments under the payment schedule. Rather, early payment, ,Al .reduce the principal balance due and may result in Bcrro.ver's making fewer payments. Borrc•r?er agrees not to send Lender paym,cnts morkdd "paid in foil" "vvrthcut recourse', or similar ?anguege. 14 Botiowef sends such a payment, ;.ender may accept it without losing any of '.ender'. rights -.:noes this Note, and Borrower vdill -emakr obligated to pay any lu:Lner amount owed tc Lender. AEI written oo rnnunications concerning dill:uteU amounts ! icludiny any check ur other payment instrument that indicates that the payrnent constitutes "payment in full" of the amount owed nr that is rendered vv:trt other otiditiona jr limitations or' as full satisfaction of a disputed amount must be mailed or delr:rered to: Members 1st Federa' Credit Union. 5006 Louse i)rivu fvlechanicsbur_l, IIA 1705U. LATE CHARGE. It a payment is 15 days or more late, Borrower will be charged 5.000% of the unpaid portion of the regularly scheduled payment or $25.00, whichever is greater. INTEREST AFTER DEFAULT. Upon default including failure to pay upon final maturity, the interest rate on this Note shall be increased to 15.000% per annum ("Default Hate"). If judgment is entered in connection with this Note, interest will continue to accrue after the date of judgment at the Default Rate. However, in no event will the interest rate exceed the inaxlmurn 'nterest rate limitations _nlder applicable law. DEFAULt. Each of ,'no following shall constitute an event of default "Event of Default"` under this Note: Payment Default. ?o,rc;,,er fails to make any payment when due under this Note. Other Defaults. sauce?er tail= tr, c<,rnpiy vilr or to perform any othw tern, obligation, covenant or contllti,,.r onra nr,o a this Nntr, or n: any of +he related acc,,f,-ents or , comely viith or tc pertorm any t'rm, obligation. covenant pr condition can Inca ii :ny omen agreeureut between _eroer and Borrower. Default in Favor of Third Parties- Hom-w,er or any Grantor defaulLS under env loan, extension of credit, security agreement, purchase or sales ar eem-?nt, o- any ct air uyi cn,ent, in favor of any other creditor or person that may materially atfect any of Borro;.e"' , property or Borrower s ability to repay th,s: Note or perform Borrcwer's obligations under this Note or any of the related documents. False Statements. Any warranty representation; or statement made or fwnished to Lender by Borrower cr on Borrower's behalf under this Note or the related documents take or misleading in any material respect, either now or at the time made or rurnished or becomes talse or mislcacing at any time thereafter - Death or Insolvency, : ire death of t3orrci or the dissolution or termination of Borrov?er's existence as a going business, the insolvency of Borrovder, the appointment o' a receiver for any part of Borro,n-er's property, any assignment tar the benefit of creditors, any type of creditor workout, or Iha ,omrnenccnnznt of any proceeding under any hankruptcy or insolvency laws by or a ainst 3orror?er. Creditor or Forfeiture Proceedings. ConmertCerrent of foreclos,:re -r forfeiture proceedings, vvhether by i,,dic'ai proceeding self-help rer?i,ssession o. airy other 11e-lk.r1 by 'illy crertiurr of Bonu,,ver w by any g0veo)1,Iental agency against ar?y collate":„ securing the r_ :,:n This inciudes a jariisnrnenl- of any 0'i Borruvier's accounts, including deposit accounts, with Lender. Hovvever, thi, event of Default shah not apply if there rs a L;oUo f riot wspute by Borrower as to the validity or reasonableness of the claim which is he basis of the creditor or fortcitur proceedlny anr; it durrr, ? ar yivr.s Le niter written r once of the creditor or forfeiture proceeding and deposits vdiih Lender monies o, a sure , fond far tree c coitur , forfeiture pro('e?ciog, in an arrnounr determined by Lender, in its sole discretion. ;a being an adequate reserve _r bond for the olspu',- Events Affecting Guarantor, ,m tin the -)recedinr, e,,ents occurs with respect to any guarantor, endorser, surety, or accommodation party of any of the ?nr r Lnr;dn:ss Lr any guar ntcr' endorser, surety, (i- dccornrnodation party dies or hr, c,r, ,r)rnneient, or revokes or dlsputcs tre validity u- of aodit,, under any ytar?inty of the it:deUtedness evIaencea Ly this Note. Adverse Change. A n;at,?rra' adverse. change occurs in Borrower's financial conditon, or L ender believes the p<<?sl,tect of payrnenl performance of this Note sin?paireo. Insecurity. ?-enaer in t}ood fr'W' t'v,?iPve5 itself insecure. Exhibit "A" F PROMISSORY NOTE , Loan No: 231360-05 {Continued) Page 2 Cure Provisions. If any default, other than a default in payment is curable and if Borrower has not been given a notice of a breach of the same provision of this Note within the preceding twelve (12) months, it may be cured if Borrower, after Lander sends written notice to Borrower demanding cure of such default: (1) cures the default within thirty (30) days; or 12) if the cure requires more than thirty 1301 days, immediately Initiates steps which Lander deems in Lender's sole discretion to be sufficient to cure the default and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. LENDER'S RIGHTS. Upon default, Lender may, after giving such notices as required by applicable law, declare the entire unpaid principal balance under this Note and all accrued unpaid interest immediately due, and then Borrower will pay that amount. ATTORNEYS' FEES; EXPENSES. Lender may hire or pay someone else to help collect this Note if Borrower does not pay. Borrower will pay j Lender that amount. This includes, subject to any limits under applicable law, Lender's reasonable attorneys' fees and Lender's legal expenses, whether or not there Is a lawsuit, including reasonable attorneys' fees, expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), and appeals. If not prohibited by applicable law, Borrower also will pay any court costs, in addition to all other sums provided by law. JURY WAIVER. Lender and Borrower hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by either Lander or Borrower against the other. GOVERNING LAW. This Note will be governed by federal law appUcable to Lander and, to the extent not preempted by federal law, the laws of the Commonwealth of Pennsylvania without regard to its conflicts of law provisions. This Note has been accepted by Lender in the Commonwealth of Pennsylvania. CHOICE OF VENUE. If them is a lawsuit, Borrower agrees upon Lender's request to submit to the jurisdiction of the courts of Cumberland County, Commonwealth of Pennsylvania. DISHONORED ITEM FEE. Borrower will pay a fee to Lender of $25.00 if Borrower makes a payment on Borrower's loan and the check or preauthorized charge with which Borrower pays is later dishonored. STATUTORY LIEN. Borrower agrees that all loan advances under this Note are secured by all shares and deposits in all joint and Individual accounts Borrower has with Lender now and in the future. Borrower authorizes Lender, to the extent permitted by applicable law, to apply the balance in these accounts to pay any amounts due under this Note when Borrower is in default under this Note. Shares and deposits in an Individual Retirement Account and any other account that would lose special tax treatment under state or federal law if given as security are not subject to the security interest Borrower has given in Borrower's shares and deposits. COLLATERAL. Borrower acknowledges this Note is secured by the following collateral described in the security instruments listed herein: (A) a Mortgage dated October 7, 2010, to Lender on real property located in Cumberland County, Commonwealth of Pennsylvania. (B) an Assignment of All Rents to Lender on real property located in Cumberland County, Commonwealth of Pennsylvania. MEMBERSHIP REQUIREMENTS. All borrowers and Guarantors must maintain a membership with the Credit Union in good standing for the life of the loan. SUCCESSOR INTERESTS. The terms of this Note shall be binding upon Borrower, and upon Borrower's heirs, personal representatives, successors and assigns, and shall inure to the benefit of Lender and its successors and assigns. NOTIFY US OF INACCURATE INFORMATION WE REPORT TO CONSUMER REPORTING AGENCIES. Borrower may notify Lender if Lender reports any inaccurate information about Borrower's account(s) to a consumer reporting agency. Borrower's written notice describing the specific Inaccuracy(ies) should be sent to Lender at the following address: Members 1 st Federal Credit Union 5000 Louise Drive Mechanicsburg, PA 17050. GENERAL PROVISIONS. If any part of this Note cannot be enforced, this fact will not affect the rest of the Note. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them. Borrower and any other person who signs, guarantees or endorses this Note, to the extent allowed by law, waive presentment, demand for payment, and notice of dishonor. Upon any change In the terms of this Note, and unless otherwise expressly stated in writing, no party who signs this Note, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew or extend (repeatedly and for any length of time) this loan or release any party or guarantor or collateral; or impair, fail to realize upon or perfect Lender's security interest in the collateral; and take any other action deemed necessary by Lender without the consent of or notice to anyone. All such parties also agree that Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modification is made. The obligations under this Note are joint and several. If any portion of this Note is for any reason determined to be unenforceable, It will not affect the enforceability of any other provisions of this Note. CONFESSION OF JUDGMENT. BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR BORROWER AFTER A DEFAULT UNDER THIS NOTE AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST BORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THIS NOTE AND ALL ACCRUED INTEREST, LATE CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THIS NOTE, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT 00%) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS ($500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING, THIS NOTE OR A COPY OF THIS NOTE VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS NOTE TO CONFESS JUDGMENT AGAINST BORROWER SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS NOTE. BORROWER HEREBY WAIVES ANY RIGHT BORROWER MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO BORROWER'S ATTENTION OR BORROWER HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL. The lien arising from any judgment confessed or entered pursuant to the foregoing authority shall not extend to any of Borrower's residential real property as that term is defined. In the. Pennsylvania Act of January 30, 1974 (Pa, Laws 13, No. 6), referred to as the Loan Interest and Protection Law, as amended, and the holder of any judgment confessed or entered pursuant to the forgoing authority shall not, in enforcement of any such judgment, execute, levy or otherwise proceed against any such residential real property; provided, however, that the lien of such judgment shall extend to such residential real property and that the holder thereof shall be permitted to execute, levy or proceed against such residential real property from and after the entry of a judgment as contemplated by Section 407 of such Loan Interest and Protection Law and Rules 2981 to 2986 of the Pennsylvania Rules of Civil Procedure, or successor or similar statutes and rules. No limitation of lien or any execution, levy or other enforcement contained in the immediately preceding sentence shall apply with respect to any judgment obtained other than by the foregoing authority to confess or enter judgment. PROMISSORY NOTE ) Loan No: 231360-05 (Continued) Page 3 PRIOR TO SIGNING THIS NOTE, BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE. BORROWER AGREES TO THE TERMS OF THE NOTE. BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE. THIS NOTE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS NOTE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. BORR ER: Seal) David A. Bartlett LENDER: MEMBERS ST FEDERAL CF3E R UNION X ?J A o ed Signer LASER PRO L-dbm ft. 5.67.70.003 Cep. Midod FFnW WuhnA 0e• 1667. 7010. M W*. Rw . • PA CiC0Mk*K1AL%MLPL%D20.FC TXM61 PR-6 ALL THAT CERTAIN piece or parcel of land situate in the Township of Upper Allen, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit; BEGINNING at a point in the center line of Sand Dollar Drive at the dividing line between Lots 5-A and 5-9 as shown on the hereinafter mentioned Plan, said point being 97.33 feet in a northeasterly direction from the center line of Shingus Circle; thence along said dividing line, North 48 degrees 57 minutes 49 seconds West, a distance of 120.72 feet to a point on the southern line of Lot 3-A; thence along the southern line of Lot 3-A, North 68 degrees 28 minutes 16 seconds East, a distance of 38.31 feet to a point at the dividing line between Lot Nos: 5-B and 5-C; thence along said dividing line. South 48 degrees 57 minutes 49 seconds East, a distance of 115.75 feet to a point in the center line of Sand Dollar Drive; thence along the center line of Sand Dollar Drive by a curve, curving to the right, having a radius of 141.37 feet and and arc distance of 36.39 feet to a point, said point being the place of Beginning. BEING all of'Lot 5-13 as shown on the Plan of Grantham Court, recorded in Plan Book 52, Page 8 and containing 4,048.35 square feet, more or less. Having thereon erected a dwelling known and numbered as 4 Sand Dollar Drive, Mechanicsburg, PA 17055. Being the same premises which Jason E. Bartlett by his deed dated September 1, 2010, and recorded in the Cumberland County Recorder of Deeds Office at Instrument No.: 201024575 granted and conveyed onto David A. Bartlett. Being Tax Parcel No.: 42-31-2153-207 Exhibit "B" mill Parcel Idenfffication 0012LL Number: 42-31-2153-207 RECORDATION REQUESTED BY: Members 1st Federal Credit Union ATTN: Small Business Lending 6000 Louise Drive Mechanicsburg, PA 17055 WHEN RECORDED MAIL TO: Members 1st Federal Credit Union ATTN: SmalkBusiness Lending 5000 Louise Drive Mechanicsburg, PA 17055 SEND TAX NOTICES TO: Members 1st Federal Credit Union ATTN: Small Business Lending 5000 Louise Drive Mechanicsburg, PA 17055 FOR RECORDER'S USE ONLY MORTGAGE MAXIMUM LIEN. The unpaid principal balance of advances exclusive of Interest and unpaid balances of advances and other extensions of credit, secured by the Mortgage made for the payment of taxes, assessments, maintenance charges, insurance premiums and costs incurred for the protection of the mortgaged premises shall not exceed at any one time 539,410.00. Amount Secured Hereby: $39,410.00 THIS MORTGAGE dated October 7, 2010, Is made and executed between David A. Bartlett (referred to below as "Grantor") and Members 1st Federal Credit Union, whose address is ATTN: Small Business Lending, 5000 Louise Drive, Mechanicsburg, PA 17055 (referred to below as "Lender"). GRANT OF MORTGAGE. For valuable consideration, Grantor grants, bargains, sells, conveys, assigns, transfers, releases, confirms and mortgages to Lender all of Grantor's right, title, and interest in and to the following described real property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all streets, lanes, alleys, passages, and ways; all easements, rights of way, all liberties, privileges, tenements, hereditaments, and appurtenances thereunto belonging or anywise made appurtenant hereafter, and the reversions and remainders with respect thereto; all water, water rights, watercourses and ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") located in Cumberland County, Commonwealth of Pennsylvania: ALL THAT CERTAIN piece or parcel of land situate in the Township of Upper Allen, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point in the center line of Sand Dollar Drive at the dividing line between Lots 5-A and 5-B as shown on the herein after mentioned Plan, said point being 97.33 feet in a northeasterly direction from the center line of Shingus Circle; thence along said dividing line, North 48 degrees 57 minutes 49 seconds West, a distance of 120.72 feet to a point on the southern line of Lot 3-A; thence along the southern line of Lot 3-A, North 68 degrees 28 minutes 16 seconds East, a distance of 38.31 feet to a point at the dividing line between Lot Nos. 5-13 and 5-C; thence along said Exhibit "C" MORTGAGE (Continued) Page 2 dividing line, South 48 degrees 57 minutes 49 seconds East, a distance of 115.75 feet to a point in the center line of Sand Dollar Drive; thence along the center line of Sand Dollar Drive by a curve, curving to the right, having a radius of 141.37 feet and an arc distance of 36.39 feet to a point, said point being the place of BEGINNING. The Real Property or its address is commonly known as 4 Sand Dollar Drive, Mechanicsburg, PA 17055. The Real Property parcel identification number is 42-31-2153-207. CROSS -COLLATERALIZATIO N. In addition to the Note, this Mortgage secures all obligations, debts and liabilities, plus interest thereon, of Grantor to Lender, or any one or more of them, as well as all claims by Lender against Grantor or any one or more of them, whether now existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise, whether due or not due, direct or indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated, whether Grantor may be liable individually or jointly with others, whether obligated as guarantor, surety, accommodation party or otherwise, and whether recovery upon such amounts may be or hereafter may beLbme barred by any statute of limitations, and whether the obligation to repay such amounts may be or hereafter may be"come otherwise unenforceable. Grantor presently assigns to Lender all of Grantor's right, title, and interest in and to all present and future leases of the Property and all Rents from the Property. In addition, Grantor grants to Lender a Uniform Commercial Code security interest in the Personal Property and Rents. THIS MORTGAGE, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE IN THE ORIGINAL PRINCIPAL AMOUNT OF $39,410.00, THE RELATED DOCUMENTS, AND THIS MORTGAGE. THIS MORTGAGE IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PAYMENT AND PERFORMANCE. Except as otherwise provided in this Mortgage, Grantor shall pay to Lender all amounts secured by this Mortgage as they become due and shall strictly perform all of Grantor's obligations under this Mortgage. POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession and use of the Property shall be governed by the following provisions: Possession and Use. Until the occurrence of an Event of Default, Grantor may (1) remain In possession and control of the Property; (2) use, operate or manage the Property; and (3) collect the Rents from the Property. Duty to Maintain. Grantor shall maintain the Property in tenantable condition and promptly perform all repairs, replacements, and maintenance necessary to preserve Its value. Compliance With Environmental Laws. Grantor represents and warrants to Lender that: (1) During the period of Grantor's ownership of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance by any person on, under, about or from the Property; (2) Grantor has no knowledge of, or reason to believe that there has been, except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws, (b) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance on, under, about or from the Property by any prior owners or occupants of the Property, or (c) any actual or threatened litigation or claims of any kind by any person relating to such matters; and (3) Except as previously disclosed to and acknowledged by Lender in writing, (a) neither Grantor nor any tenant, contractor, agent or other authorized user of the Property shall use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about or from the Property; and (b) any such activity shall be conducted in compliance with all applicable federal, state, and local laws, regulations and ordinances, including without limitation all Environmental Laws. Grantor authorizes Lender and its agents to enter upon the Property to make such inspections and tests, at Grantor's expense, as Lender may deem appropriate to determine compliance of the Property with this section of the Mortgage. Any inspections or tests made by Lender shall be for Lender's purposes only and shall not be construed to create any responsibility or liability on the part of Lender to Grantor or to any other person. The representations and warranties contained herein are based on Grantor's due diligence in investigating the Property for Hazardous Substances. Grantor hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event Grantor becomes liable for cleanup or other costs under any such laws; and (2) agrees to indemnify, defend, and hold harmless Lender against any and all claims, losses, liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a breach of this section of the Mortgage or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened release occurring prior to Grantor's ownership or interest in the Property, whether or not the same was or should have been known to Grantor. The provisions of this section of the Mortgage, including the obligation to indemnify and defend, shall survive the payment of the Indebtedness and the satisfaction and reconveyance of the lien of this Mortgage and shall not be affected by Lender's acquisition of any interest in the Property, whether by foreclosure or otherwise. MORTGAGE (Continued) Page 3 Nuisance, Waste. Grantor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on or to the Property or any portion of the Property. Without limiting the generality of the foregoing, Grantor will not remove, or grant to any other parry the right to remove, any timber, minerals (including oil and gas), coal, clay, scoria, soil, gravel or rock products without Lender's prior written consent. Removal of Improvements. Grantor shall not demolish or remove any Improvements from the Real Property without Lender's prior written consent. As a condition to the removal of any Improvements, Lender may require Grantor to make arrangements satisfactory to Lender to replace such Improvements with Improvements of at least equal value. Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all reasonable times to attend to Lender's interests and to inspect the Real Property for purposes of Grantor's compliance with the terms and conditions of this Mortgage. Compliance W ft Governmental Requirements. Grantor shall promptly comply with all laws, ordinances, and regulations,. now or hereafter in effect, of all governmental authorities applicable to the use or occupancy of the Property, including without limitation, the Americans With Disabilities Act. Grantor may contest in good faith any such law, ordinance, or regulation and withhold compliance during any proceeding, including appropriate appeals, so long as Grantor has notified Lender in writing prior to doing so and so long as, in Lender's sole opinion, Lender's interests in the Property are not jeopardized. Lender may require Grantor to post adequate security or a surety bond, reasonably satisfactory to Lender, to protect Lender's interest. Duty to Protect. Grantor agrees neither to abandon or leave unattended the Property. Grantor shall do all other acts, in addition to those acts set forth above in this section, which from the character and use of the Property are reasonably necessary to protect and preserve the Property. DUE ON SALE - CONSENT BY LENDER. Lender may, at Lender's option, declare immediately due and payable all sums secured by this Mortgage upon the sale or transfer, without Lender's prior written consent, of all or any part of the Real Property, or any interest in the Real Property. A "sale or transfer" means the conveyance of Real Property or any right, title or interest in the Real Property; whether legal, beneficial or equitable; whether voluntary or involuntary; whether by outright sale, deed, installment sale contract, land contract, contract for deed, leasehold interest with a term greater than three (3) years, lease-option contract, or by sale, assignment, or transfer of any beneficial interest in or to any land trust holding title to the Real Property, or by any other method of conveyance. of an interesvin the Real Property. However, this option shall not be exercised by Lender if such exercise is prohibited by federal law or by Pennsylvania law. TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Mortgage: Payment. Grantor shall pay when due (and in all events prior to delinquency) all taxes, payroll taxes, special taxes, assessments, water charges and sewer service charges levied against or on account of the Property, and shall pay when due all claims for work done on or for services rendered or material furnished to the Property. Grantor shall maintain the Property free of any liens having priority over or equal to the interest of Lender under this Mortgage, except for those liens specifically agreed to in writing by Lender, and except for the lien of taxes and assessments not due as further specified in the Right to Contest paragraph. Right to Contest. Grantor may withhold payment of any tax, assessment, or claim in connection with a good faith dispute over the obligation to pay, so long as Lender's interest in the Property is not jeopardized. If a lien arises or is filed as a result of nonpayment, Grantor shall within fifteen (15) days after the lien arises or, if a lien is filed, within fifteen (15) days after Grantor has notice of the filing, secure the discharge of the lien, or if requested by Lender, deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender in an amount sufficient to discharge the lien plus any costs and reasonable attorneys' fees, or other charges that could accrue as a result of a foreclosure or sale under the lien. In any contest, Grantor shall defend itself and Lender and shall satisfy any adverse judgment before enforcement against the Property. Grantor shall name Lender as an additional obligee under any surety bond furnished in the contest proceedings. Evidence of Payment. Grantor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and shall authorize the appropriate governmental official to deliver to Lender at any time a written statement of the taxes and assessments against the Property. Notice of Construction. Grantor shall notify Lender at least fifteen 0 5) days before any work is commenced, any services are furnished, or any materials are supplied to the Property, if any mechanic's lien, materialmen's lien, or other lien could be asserted on account of the work, services, or materials and the cost exceeds $5,000.00. Grantor will upon request of Lender furnish to Lender advance assurances satisfactory to Lender that Grantor can and will pay the cost of such improvements. PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Mortgage: Maintenance of Insurance. Grantor shall procure and maintain policies of fire insurance with standard extended MORTGAGE (Continued) Page 4 coverage endorsements on a replacement basis for the full insurable value covering all Improvements on the Real Property in an amount sufficient to avoid application of any coinsurance clause, and with a standard mortgagee clause In favor of Lender. Grantor shall also procure and maintain comprehensive general liability insurance in such coverage amounts as Lender may request with Lender being named as additional insureds in such liability insurance policies. Additionally, Grantor shall maintain such other insurance, including but not limited to hazard, business interruption and boiler insurance as Lender may require. Policies shall be written by such insurance companies and in such form as may be reasonably acceptable to Lender. Grantor shall deliver to Lender certificates of coverage from each Insurer containing a stipulation that coverage will not be cancelled or diminished without a minimum of thirty (30) days' prior written notice to Lender and not containing any disclaimer of the insurer's liability for failure to give such notice. Each insurance policy also shall include an endorsement providing that coverage in favor of Lender will not be impaired in any way by any act, omission or default of Grantor or any other person. Should the Real Property be located in an area designated by the Director of the Federal Emergency Management Agency as a special flood hazard area, Grantor agrees to obtain and maintain Federal Flood Insurance, if available, for the full unpaid principal balance of the loan and any prior liens on the property securing the loan, up to the maximum policy limits set under the National Flood Insurance Program, or as otherwise required by Lender, and to maintain such insurance for the term of the loan. Application of Proceeds. Grantor shall promptly notify Lender of any loss or damage to the Property If the estimated cost of repair or replacement exceeds $5,000.00. Lender may make proof of loss if Grantor fails to do so within fifteen (15) days of the casualty. Whether or not Lender's security Is impaired, Lender may, at Lender's election, receive and retain the proceeds of any insurance and apply the proceeds to the reduction of the Indebtedness, payment of any lien affecting the Property, or the restoration and repair of the Property. If Lender elects to apply the proceeds to restoration and repair, Grantor shall repair or replace the damaged or destroyed Improvements in a manner satisfactory to Lender. Lender shall, upon satisfactory proof of such expenditure, pay or reimburse Grantor from the proceeds for the reasonable cost of repair or restoration if Grantor is not in default under this Mortgage. Any proceeds which have not been disbursed within 180 days after their receipt and which Lender has not committed to the repair or restoration of the Property shall be used first to pay any amount owing to Lender under this Mortgage, then to pay accrued interest, and the remainder, if any, shall be applied to the principal balance of the Indebtedness. If Lender holds any proceeds after payment In full of the Indebtedness, such proceeds shall be paid to Grantor as Grantor's interests may appear. LENDER'S EXPENDITURES. If any action or proceeding is commenced that would materially affect Lender's Interest in the Property or if Grantor fails to comply with any provision of this Mortgage or any Related Documents, including but not limited to Grantor's failure to discharge or pay when due any amounts Grantor is required to discharge or pay under this Mortgage or any Related Documents, Lender on Grantor's behalf may (but shall not be obligated to) take any action that Lender deems appropriate, including but not limited to discharging or paying all taxes, liens, security interests, encumbrances and other claims, at any time levied or placed on the Property and paying all costs for insuring, maintaining and preserving the Property. All such expenditures Incurred or paid by Lender for such purposes will then bear interest at the rate charged under the Note from the date incurred or paid by Lender to the date of repayment by Grantor. All such expenses will become a part of the Indebtedness and, at Lender's option, will (A) be payable on demand; (B) be added to the balance of the Note and be apportioned among and be payable with any installment payments to become due during either (1) the term of any applicable insurance policy; or (2) the remaining term of the Note; or (C) be treated as a balloon payment which will be due and payable at the Note's maturity. The Mortgage also will secure payment of these amounts. Such right shall be in addition to all other rights and remedies to which Lender may be entitled upon Default. Grantor's obligation to Lender for all such expenses shall survpve the entry of any mortgage foreclosure judgment. WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Mortgage: Title. Grantor warrants that: (a) Grantor holds good and marketable title of record to the Property in fee simple, free and clear of all (lens and encumbrances other than those set forth in the Real Property description or in any title insurance policy, title report, or final title opinion issued In favor of, and accepted by, Lender in connection with this Mortgage, and (b) Grantor has the full right, power, and authority to execute and deliver this Mortgage to Lender. Defense of Title. Subject to the exception in the paragraph above, Grantor warrants and will forever defend the title to the Property against the lawful claims of all persons. In the event any action or proceeding is commenced that questions Grantor's title or the Interest of Lender under this Mortgage, Grantor shall defend the action at Grantor's expense. Grantor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of Lender's own choice, and Grantor will deliver, or cause to be delivered, to Lender such instruments as Lender may request from time to time to permit such participation. Compliance With Laws. Grantor warrants that the Property and Grantor's use of the Property complies with all existing applicable laws, ordinances, and regulations of governmental authorities. MORTGAGE (Continued) Page 5 Survival of Representations and Warranties. All representations, warranties, and agreements made by Grantor in this Mortgage shall survive the execution and delivery of this Mortgage, shall be continuing in nature, and shall remain in full force and effect until such time as Grantor's Indebtedness shall be paid in full. CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Mortgage: Proceedings. If any proceeding in condemnation is filed, Grantor shall promptly notify Lender in writing, and Grantor shall promptly take such steps as may be necessary to defend the action and obtain the award. Grantor may be the nominal party In such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of its own choice, and Grantor will deliver or cause to be delivered to Lender such instruments and documentation as may be requested by Lender from time to time to permit such participation. Application of Net Proceeds. If all or any part of the Property is condemned by eminent domain proceedings or by any proceediW or purchase in lieu of condemnation, Lender may at its election require that all or any portion of the net proceeds of the award be applied to the Indebtedness or the repair or restoration of the Property. The net proceeds of the award shall mean the award after payment of all actual costs, expenses, and attorneys' fees incurred by Lender in connection with the condemnation. IMPOSITION OF TAXES. FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental taxes, fees and charges are a part of this Mortgage: Current Taxes, Fees and Charges. Upon request by Lender, Grantor shall execute such documents in addition to this Mortgage and take whatever other action is requested by Lender to perfect and continue Lender's lien on the Real Property. Grantor shall reimburse Lender for all taxes, as described below, together with all expenses incurred in recording, perfecting or continuing this Mortgage, including without limitation all taxes, fees, documentary stamps, and other charges for recording or registering this Mortgage. Taxes. The following shall constitute taxes to which this section applies: (1) a specific tax upon this type of Mortgage or upon all or any part of the Indebtedness secured by this Mortgage; (2) a specific tax on Grantor which Grantor Is authorized or required to deduct from payments on the Indebtedness secured by this type of Mortgage; (3) a tax on this type of Mortgage chargeable against the Lender or the holder of the Note; and (4) a specific tax on all or any portion of the Indebtedness or on payments of principal and interest made by Grantor. Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Mortgage, this event shall have the same effect as an Event of Default, and Lender may exercise any or all of its available remedies for an Event of Default as provided below unless Grantor either (1) pays the tax before it becomes delinquent, or (2) contests the tax as provided above in the Taxes and Liens section and deposits with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender. SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Mortgage as a security agreement are a part of this Mortgage: Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property constitutes fixtures, and Lender shall have all of the rights of a secured party under the Uniform Commercial Code as amended from time to time. Security Interest. Upon request by Lender, Grantor shall take whatever action is requested by Lender to perfect and continue Lender's security interest in the Rents and Personal Property. In addition to recording this Mortgage in the real property records, Lender may, at any time and without further authorization from Grantor, file executed counterparts, copies or reproductions of this Mortgage as a financing statement. Grantor shall reimburse Lender for all expenses incurred in perfecting or continuing this security interest. Upon default, Grantor shall not remove, sever or detach the Personal Property from the Property. Upon default, Grantor shall assemble any Personal Property not affixed to the Property in a manner and at a place reasonably convenient to Grantor and Lender and make It available to Lender within three (3) days after receipt of written demand from Lender to the extent permitted by applicable law. Addresses. The mailing addresses of Grantor (debtor) and Lender (secured party) from which information concerning the security interest granted by this Mortgage may be obtained (each as required by the Uniform Commercial Code) are as stated on the first page of this Mortgage. FURTHER ASSURANCES; ADDITIONAL AUTHORIZATIONS. The following provisions relating to further assurances and additional authorizations are a part of this Mortgage: Further Assurances. At any time, and from time to time, upon request of Lender, Grantor will make, execute and deliver, or will cause to be made, executed or delivered, to Lender or to Lender's designee, and when requested by Lender, cause to be filed, recorded, refiled, or rerecorded, as the case may be, at such times and in such offices and places as Lender may deem appropriate, any and all such mortgages, deeds of trust, security deeds, security agreements, financing statements, continuation statements, instruments of further assurance, certificates, and MORTGAGE (Continued) Page 6 other documents as may, in the sole opinion of Lender, be necessary or desirable in order to effectuate, complete, perfect, continue, or preserve (1) Grantor's obligations under the Note, this Mortgage, and the Related Documents, and (2) the liens and security interests created by this Mortgage on the Property, whether now owned or hereafter acquired by Grantor. Unless prohibited by law or Lender agrees to the contrary in writing, Grantor shall reimburse Lender for all costs and expenses incurred in connection with the matters referred to in this paragraph. Addhional Authorizations. If Grantor fails to do any of the things referred to In the preceding paragraph, Lender may do so for and in the name of Grantor and at Grantor's expense. For such purposes, Grantor hereby irrevocably authorizes Lender to make, execute, deliver, file, record and do all other things as may be necessary or desirable, in Lender's sole opinion, to accomplish the matters referred to in the preceding paragraph. It is understood that nothing set forth herein shall require Lender to take any such actions. FULL PERFORMANCE. If Grantor pays all the Indebtedness when due, and otherwise performs all the obligations imposed upon Gfontor under this Mortgage, Lender shall execute and deliver to Grantor a suitable satisfaction of this Mortgage and suitable statements of termination of any financing statement on file evidencing Lender's security interest In the Rents and the Personal Property. Grantor will pay, if permitted by applicable law, any reasonable termination fee as determined by Lender from time to time. EVENTS OF DEFAULT. Each of the following, at Lender's option, shall constitute an Event of Default under this Mortgage: Payment Default. Grantor fails to make any payment when due under the Indebtedness. Default on Other Payments. Failure of Grantor within the time required by this Mortgage to make any payment for taxes or insurance, or any other payment necessary to prevent filing of or to effect discharge of any lien. Other Defaults. Grantor fails to comply with or to perform any other term, obligation, covenant or condition contained in this Mortgage or in any of the Related Documents or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement between Lender and Grantor. Default in Favor of Third Parties. Should Grantor default under any loan, extension of credit, security agreement, purchase or sales agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of Grantor's property or Grantor's ability to repay the Indebtedness or Grantor's ability to perform Grantor's obligations under this Mortgage or any of the Related Documents. False Statements. Any warranty, representation or statement made or furnished to Lender by Grantor or on Grantor's behalf under this Mortgage or the Related Documents is false or misleading in any material respect, either now or at the time made or furnished or becomes false or misleading at any time thereafter. Defective Collateralization. This Mortgage or any of the Related Documents ceases to be in full force and effect (including failure of any collateral document to create a valid and perfected security interest or lien) at any time and for any reason, Death or Insolvency. The death of Grantor, the insolvency of Grantor, the appointment of a receiver for any part of Grantor's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Grantor. Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, repossession or any other method, by any creditor of Grantor or by any governmental agency against any property securing the Indebtedness. This includes a garnishment of any of Grantor's accounts, Including deposit accounts, with . Lender. However, this Event of Default shall not apply if there is a good faith dispute by Grantor as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Grantor gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, In an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute. Breach of Other Agreement. Any breach by Grantor under the terms of any other agreement between Grantor and Lender that is not remedied within any grace period provided therein, including without limitation any agreement concerning any indebtedness or other obligation of Grantor to Lender, whether existing now or [star. Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party of any of the Indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness. Adverse Change. A material adverse change occurs in Grantor's financial condition, or Lender believes the prospect of payment or performance of the Indebtedness is impaired. Insecurity. Lender in good faith believes itself insecure. MORTGAGE (Continued) Page 7 Right to Cure. If any default, other than a default in payment is curable and if Grantor has not been given a notice of a breach of the same provision of this Mortgage within the preceding twelve 0 2) months, it may be cured if Grantor, after Lender sends written notice to Grantor demanding cure of such default: (1) cures the default within thirty (30) days; or (2) if the cure requires more than thirty (30) days, immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of an Event of Default and at any time thereafter, Lender, at Lender's option, may exercise any one or more of the following rights and remedies, in addition to any other rights or remedies provided by law: Accelerate Indebtedness. Lender shall have the right at its option, after giving such notices as required by applicable law, to declare the entire Indebtedness immediately due and payable. UCC Remedies. With respect to all or any part of the Personal Property, Lender shall have all the rights and remedies of 7§ecured party under the Uniform Commercial Code. Collect Rents. Lender shall have the right, without notice to Grantor, to take possession of the Property and, with or without taking possession of the Property, to collect the Rents, including amounts past due and unpaid, and apply the net proceeds, over and above Lender's costs, against the Indebtedness. In furtherance of this right, Lender may require any tenant or other user of the Property to make payments of rent or use fees directly to Lender. If the Rents are collected by Lender, then Grantor Irrevocably authorizes Lender to endorse instruments received in payment thereof in the name of Grantor and to negotiate the same and collect the proceeds. Payments by tenants or other users to Lender in response to Lender's demand shall satisfy the obligations for which the payments are made, whether or not any proper grounds for the demand existed. Lender may exercise its rights under this subparagraph either in person, by agent, or through a receiver. Appoint Receiver. Lender shall have the right to have a receiver appointed to take possession of all or any part of the Property, with the power to protect and preserve the Property, to operate the Property preceding foreclosure or sale, and to collect the Rents from the Property and apply the proceeds, over and above the cost of the receivership, against the Indebtedness. The receiver may serve without bond if permitted by law. Lender's right to the appointment of a receiver shall exist whether or not the apparent value of the Property exceeds the Indebtedness by a substantial amount. Employment by Lender shall not disqualify a person from serving as a receiver. Judicial Foreclosure. Lender may obtain a judicial decree foreclosing Grantor's interest in all or any part of the Property. Possession of the Property. For the purpose of procuring possession of the Property, Grantor hereby authorizes and empowers any attorney of any court of record in the Commonwealth of Pennsylvania or elsewhere, as attorney for Lender and all persons claiming under or through Lender, to sign an agreement for entering in any competent court an amicable action in ejectment for possession of the Property and to appear for and confess judgment against Grantor, and against all persons claiming under or through Grantor, for the recovery by Lender of possession of the Property, without any stay of execution, for which this Mortgage, or a copy of this Mortgage verified by affidavit, shall be a sufficient warrant; and thereupon a writ of possession may be issued forthwith, without any prior writ or proceeding whatsoever. Nonjudicial Sale. If permitted by applicable law, Lender may foreclose Grantor's Interest in all or in any part of the Personal Property or the Real Property by non-judicial sale. Deficiency Judgment. Lender may obtain a judgment for any deficiency remaining in the Indebtedness due to Lender after application of all amounts received from the exercise of the rights provided in this section. Tenancy at Sufferance. If Grantor remains in possession of the Property after the Property is sold as provided above or Lender otherwise becomes entitled to possession of the Property upon default of Grantor, Grantor shall become a tenant at sufferance of Lender or the purchaser of the Property and shall, at Lender's option, either (1) pay a reasonable rental for the use of the Property, or (2) vacate the Property immediately upon the demand of Lender. Other Remedies. Lender shall have all other rights and remedies provided in this Mortgage or the Note or available at law or in equity. Sale of the Property. To the extent permitted by applicable law, Grantor hereby waives any and all right to have the Property marshalled. In exercising its rights and remedies, Lender shall be free to sell all or any part of the Property together or separately, in one sale or by separate sales. Lender shall be entitled to bid at any public sale on all or any portion of the Property. Notice of Sale. Lender shall give Grantor reasonable notice of the time and place of any public sale of the Personal Property or of the time after which any private sale or other intended disposition of the Personal Property is to be MORTGAGE (Continued) Page s made. Unless otherwise required by applicable law, reasonable notice shall mean notice given at least ten (10) days before the time of the sale or disposition. Any sale of the Personal Property may be made in conjunction with any sale of the Real Property. Electron of Remedies. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of Grantor under this Mortgage, after Grantor's failure to perform, shall not affect Lender's right to declare a default and exercise its remedies. Nothing under this Mortgage or otherwise shall be construed so as to limit or restrict the rights and remedies available to Lender following an Event of Default, or in any way to limit or restrict the rights and ability of Lender to proceed directly against Grantor and/or against any other co-maker, guarantor, surety or endorser and/or to proceed against any other collateral directly or indirectly securing the Indebtedness. Attorneys' Fees; Expenses. If Lender Institutes any suit or action to enforce any of the terms of this Mortgage, Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and upon any ap1eal. Whether or not any court action is involved, and to the extent not prohibited by law, all reasonable expenses Lender incurs that in Lender's opinion are necessary at any time for the protection of its interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph include, without limitation, however subject to any limits under applicable law, Lender's reasonable attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit, including reasonable attorneys' flees and expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services, the cost of searching records, obtaining title reports (including foreclosure reports), surveyors' reports, and appraisal fees and title insurance, to the extent permitted by applicable law. Grantor also will pay any court costs, in addition to all other sums provided by law. NOTICES. Unless otherwise provided by applicable law, any notice required to be given under this Mortgage shall be given in writing, and shall be effective when actually delivered, when actually received by telefacsimile (unless otherwise required by law), when deposited with a nationally recognized overnight courier, or, if malted, when deposited In the United States mail, as first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Mortgage. All copies of notices of foreclosure from the holder of any lien which has priority over this Mortgage shall be sent to Lender's address, as shown near the beginning of this Mortgage. Any party may change its address for notices under this Mortgage by giving formal written notice to the other parties, specifying that the purpose of the notice is to change the party's address. For notice purposes, Grantor agrees to keep Lender Informed at all times of Grantor's current address. Unless otherwise provided by applicable law, if there is more than one Grantor, any notice given by Lender to any Grantor is deemed to be notice given to all Grantors. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Mortgage: Amendments. This Mortgage, together with any Related Documents, constitutes the entire understanding and agreement of the parties as to the matters set forth in this Mortgage. No alteration of or amendment to this Mortgage shall be effective unless given In writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. Annual Reports. If the Property is used for purposes other then Grantor's residence, Grantor shall furnish to Lender, upon request, a certified statement of net operating income received from the Property during Grantor's previous fiscal year in such form and detail as Lender shall require. "Net operating income" shall mean all cash receipts from the Property less all cash expenditures made in connection with the operation of the Property. Arbitration. Grantor and Lender agree that all disputes, claims and controversies between them whether individual, joint, or class In nature, arising from this Mortgage or otherwise, Including without limitation contract and tort disputes, shall be arbitrated pursuant to the Rules of the American Arbitration Association in effect at the time the claim is filed, upon request of either party. No act to take or dispose of any Property shall constitute a waiver of this arbitration agreement or be prohibited by this arbitration agreement. This includes, without limitation, obtaining injunctive relief or a temporary restraining order; invoking a power of sale under any dead of trust or mortgage; obtaining a writ of attachment or imposition of a receiver; or exercising any rights relating to personal property, including taking or disposing of such property with or without judicial process pursuant to Article 9 of the Uniform Commercial Code. Any disputes, claims, or controversies concerning the lawfulness or reasonableness of any act, or exercise of any right, concerning any Property, including any claim to rescind, reform, or otherwise modify any agreement relating to the Property, shall also be arbitrated, provided however that no arbitrator shall have the right or the power to enjoin or restrain any act of any party. Judgment upon any award rendered by any arbitrator may be entered in any court having jurisdiction. Nothing in this Mortgage shall preclude any party from seeking equitable relief from a court of competent jurisdiction. The statute of limitations, estoppel, waiver, lathes, and similar doctrines which would otherwise be applicable in an action brought by a party shall be applicable in any arbitration proceeding, and the commencement of an arbitration proceeding shall be deemed the commencement of an action for these purposes. The Federal Arbitration Act shall apply to the construction, Interpretation, and enforcement of this arbitration provision. MORTGAGE (Continued) Page 9 Caption Headings. Caption headings in this Mortgage are for convenience purposes only and are not to be used to interpret or define the provisions of this Mortgage. Governing Law. This Mortgage will be governed by federal low applicable to Lender and, to the extent not preempted by federal law, the laws of the Commonwealth of Pennsylvania without regard to its conflicts of law provisions. This Mortgage has been accepted by Lander in the Commonwealth of Pennsylvania. Choice of Venue. If there is a lawsuit, Grantor agrees upon Lender's request to submit to the jurisdiction of the courts of Cumberland County, Commonwealth of Pennsylvania. No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Mortgage unless such waiver is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Mortgage shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that provision or any other provision of this Mortgage. No prior waiver by Lender, nor any course of dealing between Lender and Grantor, shall constitute a waiver of any of Lender's rights or of any of Grantor's obligations as to any future transactions. Whenever the consent of Lender is required under this Mortgage, the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required and In all cases such consent may be granted or withheld in the sole discretion of Lender. Severabil(ty. If a court of competent jurisdiction finds any provision of this Mortgage to be illegal, invalid, or unenforceable as to any circumstance, that finding shall not make the offending provision Illegal, invalid, or unenforceable as to any other circumstance. If feasible, the offending provision shall be considered modified so that it becomes legal, valid and enforceable. If the offending provision cannot be so modified, It shall be considered deleted from this Mortgage. Unless otherwise required by law, the illegality, invalidity, or unenforceability of any provision of this Mortgage shall not affect the legality, validity or enforceability of any other provision of this Mortgage. Merger. There shall be no merger of the Interest or estate created by this Mortgage with any other Interest or estate in the Property at any time held by or for the benefit of Lender in any capacity, without the written consent of Lender. Successor Interests. The terms of this Mortgage shall be binding upon Grantor, and upon Grantor's heirs, personal representatives, successors, and assigns, and shall be enforceable by Lender and its successors and assigns. Time is of the Essence. Time Is of the essence In the performance of this Mortgage. Waive Jury. All parties to this Mortgage hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by any party against any other party. DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Mortgage. Unless specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful money of the United States of America. Words and terms used in the singular shall include the plural, and the plural shall include the singular, as the context may require. Words and terms not otherwise defined in this Mortgage shall have the meanings attributed to such terms in the Uniform Commercial Code: Borrower. The word "Borrower" means David A. Bartlett and includes all co-signers and co-makers signing the Note and all their successors and assigns. Default. The word "Default" means the Default set forth in this Mortgage in the section titled "Default". Environmental Laws. The words "Environmental Laws" mean any and all state, federal and local statutes, regulations and ordinances relating to the protection of human health or the environment, including without limitation the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Sectlon 9601, at seq. ("CERCLA*), the Superfund Amendments and Reauthorization Act of 1986, Pub. L. No. 99-499 I"SARA*}, the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, at seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, at seq., or other applicable state or federal laws, rules, or regulations adopted pursuant thereto. Event of Default. The words "Event of Default" mean any of the events of default set forth in this Mortgage in the events of default section of this Mortgage. Grantor. The word "Grantor" means David A. Bartlett. Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation party to Lender, including without limitation a guaranty of all or part of the Note. Hazardous Substances. The words "Hazardous Substances" mean materials that, because of their quantity, concentration or physical, chemical or infectious characteristics, may cause or pose a present or potential hazard to human health or the environment when improperly used, treated, stored, disposed of, generated, manufactured, transported or otherwise handled. The words "Hazardous Substances" are used in their very broadest sense and MORTGAGE {Continued} Page 10 include without limitation any and all hazardous or toxic substances, materials or waste as defined by or listed under the Environmental Laws. The term "Hazardous Substances" also includes, without limitation, petroleum and petroleum by-products or any fraction thereof and asbestos. Improvements. The word "Improvements" means all existing and future improvements, buildings, structures, mobile homes affixed on the Real Property, facilities, additions, replacements and other construction on the Real Property. Indebtedness. The word "Indebtedness" means all principal, interest, and other amounts, costs and expenses payable under the Note or Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and substitutions for the Note or Related Documents and any amounts expended or advanced by Lender to discharge Grantor's obligations or expenses incurred by Lender to enforce Grantor's obligations under this Mortgage, together with interest on such amounts as provided in this Mortgage. Specifically, without limitation, Indebtedness includes all amounts that may be Indirectly secured by the Cross-Collateralization provision of this Mortge. Lender. The Word "Lender" means Members 1st Federal Credit Union, its successors and assigns. Mortgage. The word "Mortgage" means this Mortgage between Grantor and Lender. Note. The word "Note" means the promissory note dated October 7, 2010, in the original principal amount of $39,410.00 from Grantor to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for the promissory note or agreement. The maturity date of the Note is October 16, 2017. Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal property now or hereafter owned by Grantor, and now or hereafter attached or affixed to the Real Property; together with all accessions, parts, and additions to, all replacements of, and all substitutions for, any of such property; and together with all proceeds (including without limitation all insurance proceeds and refunds of premiums) from any sale or other disposition of the Property. Property. The word "Property" means collectively the Real Property and the Personal Property. Real Property. The words "Real Property" mean the real property, interests and rights, as further described In this Mortgage. Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness. Rents. The word "Rents" means all present and future rents, revenues, income, issues, royalties, profits, and other benefits derived from the Property. GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MORTGAGE, AND GRANTOR AGREES TO ITS TERMS. THIS MORTGAGE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS MORTGAGE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. GRAN :.};; C X:^ gi? Seal) David A. Bartlett MORTGAGE (Continued) Page 11 CERTIFICATE OF RESIDENCE 1 hereby certify, that the precise address of the mortgagee, Members 1st Federal Credit Union, herein is as follows: 4?6 ATTN: Small Business Lending, 5000 Louise Drive, Mechanicsburg, PA 1 0 o4ftorney o Agent or origagee INDIVIDUAL ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA ((?? ll -- ) SS COUNTY OF C 1?1rx? C?? ) On this, they day of fi CC3>? 20 t, before me j ?)L4 r the undersigned o ary Public, personally appeared David A. Bartlett, known to me for setis WI orily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he or she executed the some for the purposes therein contained. In witness whereof, 1 hereunto set my han ial seal. CpMMONWEAL111 OF PENNSYLVANIA Notarial Seal Tammy L. Biller, Notary Poblk Notary Public in and for t e State of LowarAlmTwp., OAdmiand County My COnYoWm A PI Oct. 10, 20112 Member, PmstsvIvania ASSMINt" of Notaries LASER PRO Lending, Ver. 5.52.20.003 Copr. Harland Financial Solutions, Inc. 1997, 2010. All Rights Reserved. - PA CACOMMERCIAL\CFI\LPL\G03.FC TR-2551 PR-6 ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 201030511 Recorded On 10/25/2010 At 1:08:51 PM * Instrument Type - MORTGAGE Invoice Number -75315 User ID - MSW * Mortgagor - BAiTLETT, DAVID A * 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 - $25.50 RECORDER OF DEEDS PARCEL CERTIFICATION $10.00 FEES AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $76.00 *Total Pages - 12 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA .? cr Ms RECORDER OF Dr r?eo * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. uiuini001i2ii?imu Date: 0112512012 HOMEOWNER'S NAMES. DAVID A BARTLETT LOAN ACCOUNT NO.: 231360 NOTICE OF INTENTION TO FORECLOSE MORTGAGE The MORTGAGE held by Members lst Federal Credit Union (hereinafter we, us or ours) on your property located at 4 Sand Dollar Drive, Mechanicsburg, PA 17055 IS IN SERIOUS DEFAULT [because you have not made the monthly payments of 10-16-]]of $247.47, 11-16-11 of $438.28, 12-16-11 of $438.28, 1-16-12 of $438.28. _ 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 $1,562.31 You may cure'this default within THIRTY (30) DAYS of the date of this letter, by paying to us the above amount of $1,562.31, plus any additional monthly payments and late charge 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: Attn: Collections Department c/o Memberslst Federal Credit Union P.O. Box 40 5000 Louise Drive Mechanicsburg, PA 17055 If you do not cure the default within 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 default is not made within THIRTY (30) DAYS, we also intend to instruct our attorneys 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 you 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 fees 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 Sheriffs 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 Sheriffs sale could be held would be approximately six months from now. 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: (717) 795-5165. 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 Sheriffs 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 Sheriffs sale, a lawsuit could be started to evict you. Exhibit "D" 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 MONEY 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 if no default had occurred. However, you are not entitled to this right to cure your default more than three times in any calendar year. Certified Mail: 9171082133393865509904 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 MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. [YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE PROPERTY SUBJECT TO THE MORTGAQV70 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 if no default had occurred. However, you are not entitled to this right to cure your default more than three times in any calendar year. Certified Mail: 9171082133393865509911 Servicemembers Civil U.S. Department of Housing MB Approval No. 2502-0555 Relief Act and Urban Development (exp 4/30/2007) Notice Disclosure Office of Housing Ugal Rig" d and Proteetion$ Under the SCRA Servicemembers on "active duty" or "active service," or a dependent of such a servicemember may be entitled to certain legal protections and debt relief pursuant to the Servicemembers Civil Relief Act (50 USC App. §§ 501-596) (SCRA). Who May Be Entitled to Legal Protections Under the SCRA? • Active duty members of the Army, Navy, Air Force, Marine Corps, Coast Guard, and active service National Guard; Active service members of the commissioned corps of the National Oceanic and Atmospheric Administration; Active service members of the commissioned corps of the Public Health Service; United States citizens serving with the armed forces of a nation with which the United States is allied in the prosecution of a war or military action; and • Their spouses. What Legal Protections Are Servicemembers Entitled Jo Under the SCRA? The SCRA states that a debt incurred by a servicemember, or servicemember and spouse jointly, prior to entering military service shall not bear interest at a rate above 6 percent during the period of military service. The SCRA states that in a legal action to enforce a debt against real estate that is filed during, or within 90 days after the servicemember's military service, a court may stop the proceedings for a period of time, or adjust the debt. In addition, the sale, foreclosure, or seizure of real estate shall not be valid if it occurs during, or within 90 days after the servicemember's military service unless the creditor has obtained a court order approving the sale, foreclosure, or seizure of the real estate. • The SCRA contains many other protections besides those applicable to home loans. How Does A ervicemember or Dependent Request Relief Under to SC'RA? • In order to request relief under the SCRA, a servicemember or spouse, or both, must provide a written request to the lender, together with a copy of servicemember's military orders. The Lender providing this Notice is Members 1" Federal Credit Union, ATTN: Arlanda Dintaman, 5000 Louise Drive, Mechanicsburg, Pennsylvania, 17055. The phone number is toll free (800) 283-2328. How Does a Servicemember or Dependent Obtain Ipformation About the SCRA? • The U. S. Department of Defense's information resource is "Military OneSource". Website: http://www.militgHonesoLirce.com The toll free telephone number for Military OneSource are: o From the United States: 1-800-342-9647 o From outside the United States (with applicable access code): 800- 3429-6477 o International Collect (through long distance operator): 1-484-530-5908 Servicemembers and dependents with questions about the SCRA should contact their unit's Judge Advocate, or their installation's Legal Assistance Officer. A military legal assistance office locator for all branches of the Armed Forces is available at http://lejzalassistance.law.af.mil/content/locator.phR a 4 Form 3877 Page. 2 Mailer`s Name and Address: I Permit Number: MAC Cert. ver. Num. Members 1st Federal Credit Union 9223844001 SendSuite - MAC v6.25.6.25.L 5000 Louise Dr Sequence Number: MECHANICSBURG, PA 17055 0000945 Pc ID #/ Addressee Name Postage ES ES Insured Due Total Article # Delivery Address Type Fee Value Sender Charge Z900000074874 David A 9171082133393865509904 53 Elm Street Pittsfield, MA 01201 Z900000074876 David A 9171082133393865509911 4 Sand Dollar Drive Mechanicsburg, PA 17055 0,440 0.440 C 2.850 0.00 4.440 ERR 1.150 C 2.850 0.00 4.440 ERR 1.150 Form 3877 (Facsimile) SendSuite - MAC v6.25.6.25.L Exhibit "E" 1 Form 3877 Page:3 Mailer's, Name and Address: Permit Number: MAC Cent, Ver. Num. Members 1st Federal Credit Union 9223844001 SendSuite - MAC v6.25.6.251 5000 Louise Dr Sequence Number: MECHANICSBURG, PA 17055 0000945 'c ID W Addressee Name Postage ES ES Insured Due Total articie # Delivery Address Type Fee Value Sender Charge 'age Totals: 0 0.000 0.000 0.000 :um Totals: 29 13.160 116.000 129.160 Total Number of Pieces Rec red: Signature of Receiving E-4pioyee USPS CERTIFICATION i. 1J ?S' per' { ? ?; ? ? Jt?feW? (,? ??? O?$ FC ; ?7r+sc saws A . T` 02 lh, ?c ?` ?A y JAN 25 20i?? 17 00o4- 250 959 JA K2 5 2012 j tAAIL=-C =pOW; ZIP CODE ` 705= 1>a Form 3877 (Facsimile) SendSuite - MAC v6.25.6.25.1- USP 02/28/2012 18:08 7179320317 KARLLEDEBOHM PAGE 07/07 MEMBERS 1" FEDERAL CREDIT UNION PLAINTIFF Vs. DAVID A. BARTLETT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.. DEFENDANT : CIVIL ACTION-LAW MORTCrA.GE FORECLOSURE VERMCATION I, Laura L. Hoke, Business Collections Specialist for Members I" Federal Credit Union, being authorized to do so on behalf of Members I." 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 IS Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. Members Is' Federal Credit Union Datc: , z? - ? Z By: Laura L. Hoke, Business CollectioW Speci a Y. 17 I 6 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor Members 1st Federal Credit Union Case Number vs. Bridgette A. Travers (et al.) 2012-1650 SHERIFF'S RETURN OF SERVICE 03/28/2012 04:55 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on March 28, 2012 at 1655 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Carroll Lee Travers, Jr., by making known unto herself personally, at 4 Sand Dollar Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to her personally the said true and correct copy of the same. i R ERT BITNER, DEPUTY 04/02/2012 12:06 PM - William Cline, Corporal, who being duly sworn according to law, states that on April 2, 2012 at 1206 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Bridgette A. Travers, by making known unto herself personally, at 4 Sanddollar Drive, Mechancisburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to her personally the said true and correct copy of the same. I LIAM CLINE, DEPUTY 04/04/2012 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: Occupant of 4 Sand Dollar Drive, Mechancisburg, Pennsylvania 17055, but was unable to locate them in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Occupant. Current residents of 4 Sand Dollar Drive, Mechanicsburg, Pennsylvania 17055 are Carroll Lee Travers, Jr. and Bridgette A. Travers, Husband and Wife. SHERIFF COST: $75.00 April 04, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor Members 1st Federal Credit Union vs. David A. Bartlett Amended ;.'?fI f'2':1 m,-- ; 1`1 BE:- 1L1.? L i ,j - Case Number 2012-1650 SHERIFF'S RETURN OF SERVICE 03/28/2012 04:55 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on March 28, 2012 at 1655 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Carroll Lee Travers, Jr., by making known unto himself personally, at 4 Sand Dollar Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to him personally the said true and correct copy of the same. T' ROBEF?T BITNER, DEPUTY 04/02/2012 12:06 PM - William Cline, Corporal, who being duly sworn according to law, states that on April 2, 2012 at 1206 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Bridgette A. Travers, by making known unto herself personally, at 4 Sanddollar Drive, Mechancisburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to her personally the said true and correct copy of the same. ILLIAM CLINE, DEPUTY 04/04/2012 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: Occupant of 4 Sand Dollar Drive, Mechancisburg, Pennsylvania 17055, but was unable to locate them in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Occupant. Current residents of 4 Sand Dollar Drive, Mechanicsburg, Pennsylvania 17055 are Carroll Lee Travers, Jr. and Bridgette A. Travers, Husband and Wife. SHERIFF COST: $75.00 April 04, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF tea ? i S tmS Zi?L,"?1vD D Karl M. Ledebohm, Esquire P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 MEMBERS 1' 1 FEDERAL IN THE COURT OF COMMON PLEAS CREDIT UNION CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF Vs. : NO.: 12-1650 Civil DAVID A. BARTLETT CIVIL ACTION - LAW DEFENDANT MORTGAGE FORECLOSURE AFFIDAVIT OF SERVICE I, Ronald J. Marcella, Sr., Deputy Sheriff, being duly sworn according to law, swear and affirm as follows: That on the 21 st day of April, 2012, I served the NOTICE TO DEFEND AND CLAIM RIGHTS along with Plaintiff's Complaint in the above captioned matter upon the within named defendant, to wit: David A. Bartlett, by making known unto himself personally, at 53 Elm Street, Pittsfield, MA 01201 its contents and at the same time handing to him personally the said true and correct copy of same. Date: ?; I v Sworn before me, a notary public this day of , 2012. A My commission expires: f.-\ ANGELA BRIZEGHINI Notary Public COMMONWEALTH OF MASSACHUSETTS My Commission Expires April 08, 2016 OFFICE OF THE SHERIFF BERKSHIRE COUNTY CIVIL PROCESS DIVISION 46-' Cheshire'Road Pittsfield, Mf! 01201 1413, 443..68 4 Fax: (413; 4130-3,1.97 Karl M. Ledebohm P.O. Box 173 New Cumberland PA 17070 Phone: 717-938-6929 Payment Due Upon Receipt Please return top portion with your payment Members 1st Federal Credit Union vs. David A. Bartlett Serve: David A. Bartlett 53 Elm Street Pittsfield MA 01201 Fees Out of State Writs Total Fees Payment Date 03/19!2012 Total Payments Amount Due. $ 0.00 Invoice # 12002472 Invoice Date: 04/23/2012 Your File #: Writ: Out of State Writ "' ?002472* Invoice #: 12002472 Invoice Date: 04/23/2012 Served by Deputy Sheriff: Ronald J. Marcella. Sr Service Date/Time: 04/21/2012 5:00 pm Method of Service: In Hand &99int # Check # 46400 1553 Amount 75.00 75.00 Amount 75.00 75.00 Amount Due: 0.00 Page 1 of 1 William L. Adler, Esquire Attorney for Defendant '101 ', i 4949 Devonshire Rd. Harrisburg PA 17109 Members 1 st Federal Credit Union Plaintiff V. David A. Bartlett, Defendant IN THE COURT OF COMMON PLEAS Cumberland COUNTY, PENNSYLVANIA CIVIL ACTION - LAW :NO. 12-1650 MORTGAGE FORECLOSURE ANSWER AND NOW COMEs the Defendant, David A. Bartlett, through his attorney, William L. Adler, and respectfully represents the following: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Denied. After reasonable investigation defendant is without knowledge or information sufficient to form a belief as to the truth of this averment. 7. Admitted. 8. Admitted in part and denied in part. It is admitted that this notice was received by defendant. It is denied that this notice complies with the recited act, and proof thereof is demanded at trial. 9. Denied. As a legal conclusion to which no responsive pleading is required. 10. Admitted. 11. Denied. After reasonable investigation defendant is without knowledge or information sufficient to form a belief as to the truth of this averment. 12. Denied. After reasonable investigation defendant is without knowledge or information sufficient to form a belief as to the truth of this averment. By way of further answer thereto, attorneys fees must be reasonable, and it cannot be determined if the $2000 in fees charged is reasonable. 13. Denied. The mortgage speaks for itself. 14. Denied. After reasonable investigation defendant is without knowledge or information sufficient to form a belief as to the truth of this averment. 15. Denied. This is a legal conclusion to which no responsive pleading is required. 16. Denied. Defendant had a ready and willing buyer and offered a short sale, but plaintiff refused to accept it. WHEREFORE, Defendants respectfully request that Plaintiffs complaint be dismissed. ?- j William L. Adler, Esquire Attorney for Defendants 4949 Devonshire Rd. Harrisburg, PA 17109 717-652-8989 Supreme Court ID Number 39844 BAL@BillAdlerLaw.com May 21, 2012 VIfItIVlCATI0N i VhRIFY T[ IAl''I'1,F STAP,MFN I'S MA 1)w IN TI II-FORF.G'0IN(; PLP.AI)INC; RF 'I It I.I" AN 1) CORRI-CT. I UN1)h,I?S*I"ANI) TI IAT FA L S k STATI-MFN'I S I I P R k I N ARF. MADE SUBJECT TO THE PENALTIES OF 18 Pa_C.S.A. Section 4904 REL.,1T1NC TO UNSNkORN FALSIFICATION TOjNU`I'HORITIES DA'I`K i c9cx?j ----- - j David 13aillett CERTIFICATE OF SERVICE I, William L. Adler, Esquire, Attorney for Defendants, hereby certify on the I day of Lk- 471 _, 2012, I served a copy of the within ANSWER upon the following person by first class mail, postage prepaid, addressed as follows: Karl Ledebohm, Esquire PO Box 173 New Cumberland, PA 17070 William L. Adler, Esquire Karl M. Ledebohm, Esquire P.O. Box 173 New Cumberland, PA 1707001 ', n k (717)938-6929 .a R"'1C?1} P tntk t?4.f -7s7_.+. MEMBERS 1 FEDERAL` IN THE COURT OF COMMON PLEAS CREDIT UNION CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF Vs. DAVID A. BARTLETT DEFENDANT To: David A. Bartlett 53 Elm Street Pittsfield, MA 01201 David A. Bartlett c/o William Adler, Esquire 4949 Devonshire Road Harrisburg, PA 17109 David A. Bartlett c/o Brian J. Davis, Esquire The Davis Law Group, P.C. 470 Midland Avenue Staten Island, NY 10306 : NO.: 12-1650 Civil CIVIL ACTION - LAW MORTGAGE FORECLOSURE NOTICE TO PLEAD You are hereby notified to file a written response to the enclosed Plaintiffs Motion for Summary Judgment within thirty (30) days from service thereof or a judgment may be entered against you. 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, Esq. P.O. Box 173 New Cumberland, PA 17070-0173 (717) 938-6929 MEMBERS 1 sT FEDERAL CREDIT UNION PLAINTIFF Vs. DAVID A. BARTLETT DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 12-1650 Civil CIVIL ACTION-LAW MORTGAGE FORECLOSURE PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT 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 moves this honorable Court, pursuant to Pa. R.C.P. et.seq. 1035.1 to enter summary judgment in 1 favor of Plaintiff, Members 1St Federal Credit Union, for the relief requested in Plaintiff's complaint and avers in support thereof as follows: BACKGROUND Plaintiff, Members 0 Federal Credit Union ("Members 0"), filed its complaint in mortgage foreclosure (the "Complaint") in the above captioned matter against the above captioned defendant ("Defendant") on March 14, 2012. 2. Defendant filed an Answer (the "Answer") to the Complaint in the above captioned matter on or about May 22, 2012. II PLAINTIFF IS ENTITLE TO JUDGMENT IN THAT DEFENDANT FAILS AND IS UNABLE TO RAISE ANY DEFENSE TO THE ABOVE CAPTIONED ACTION IN MORTGAGE FORECLOSURE AND ADMITS EXPRESSLY OR BY IMPLICATION ALL MATERIAL ALLEGATIONS SET FORTH IN THE COMPLAINT 3. Paragraphs 1 through 2 are incorporated herein as if set forth in full. 4. As demonstrated by the Answer, Defendant fails and is unable to raise any defense what-so-ever to the cause of action and/or allegations set forth in the Complaint. To the contrary, Defendant at paragraphs 2 through 5, 7, 8 and 10 of the Answer expressly admits the following averments stated in the Complaint: 2 t MEMBERS 1sT FEDERAL CREDIT UNION PLAINTIFF Vs. DAVID A. BARTLETT DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.:12-1650 Civil CIVIL ACTION-LAW MORTGAGE FORECLOSURE AFFIDAVIT I, Laura Hoke, Business Collections Specialist for Members 1St Federal Credit Union ("Members Is'"), the Plaintiff in the above captioned matter, being duly sworn, do hereby depose and say as follows: 1. That I have been an employee of Members I 't for fourteen (14) years and am the account officer that is responsible for the collection of the loan (the "Loan") evidenced by the Mortgage (the "Mortgage") and the Note (the "Note") as set forth in the Complaint in Mortgage Foreclosure filed on March 14, 2012, in the above captioned matter (the "Complaint"). 2. That my responsibilities as Business Collections Specialist include reviewing the records of Members 1 st for the purpose of determining default of a borrower's obligations and the amount due to Members 1St by a borrower. 3. That I have examined the records of Members 1St in connection with the Loan and hereby certify that the Complaint accurately sets forth the amounts due to Members 1St at that time. 4. That, since the time of the Complaint, additional interest, costs and other charges have accrued on the Loan and the amount due to Members 1 st under the Mortgage and the Note as of June 4, 2012 including interest, legal fees, costs and other charges is in the amount of $42,493.68, itemized as follows: a. Outstanding principal $36,812.71 b. Interest to June 4, 2012 1,381.57 C. Late Charge 175.00 Exhibit "A" d. Attorney's fees 41124.40 e. Total due to Members 1st $42,493.68 5. That a true and correct copy of Members Is" s records evidencing the amount due under the Loan by Defendant as of June 4, 2012, exclusive of legal fees and costs of suit, is attached hereto as Exhibit "1" and made part hereof. 6. That the debt due to Members 1st under the Mortgage and the Note continues to accrue interest at the rate of $6.0514 per day through the date of payment and including on and after the entry of judgment on the Complaint and continues to accrue late charges, attorney's fees and other charges collectible under the Mortgage and the Note. 7. That, as of the date of the filing of the Complaint, Defendant was in default of Defendant's obligations under the Note and the Mortgage for, among other reasons, failure to deliver to Members 1st the balance of the monthly payment due there under for October 16, 2011 in the amount of $247.47 and the monthly payments of principal and interest in the amount of $438.28 each for November, 2011 through February, 2012, as set forth in the Complaint and Exhibit "D" attached thereto and made part thereof and hereof by reference. 8. That the copies of the Note and the Mortgage attached to the Complaint as Exhibits "A" and "C" respectively are true and correct copies of the Note and the Mortgage signed and delivered to Members 1St by Defendant in connection with the Loan. 9. That the last payment received by Members 1 st on the Loan was in the amount of $629.09 received on November 2, 2011. 10. That, as of the date hereof, Defendant continues to be in default of Defendant's obligations under the Mortgage and the Note and continues to fail and refuse to pay to Members Is" s the amounts due under the Mortgage and the Note. 11. That all remaining averments set forth in, and exhibits attached to, the Complaint are true and correct. 2 Signed and sworn this q day of June, 2012. Members 1St Federal Credit Union, 4ao By: Lauke, Business Collections Specialist Sworn to and subscribed before me, '0 r- n, G J? U rn the day and year aforesaid. ?? =X/?-Vyw G6MM611W Ii?l 'W NAM?iYI,1dI1NIA Notarial Beal Notary Public E[Daniel F Summers, Notary Public 7 watara Twp., Dauphin County My Commission Expires: Z ?U .7.-- mmission Expires Nov. 12, 2012 Member, Pennsylvania Association of Notaries 0000, BARTLETT,DAVID A Loan 0005: BUSINESS/INVESTMENT RE [999000...06/04/2012 A payment of $38,369.28 is required to pay off this loan on 06/04/12. Principal Balance: 36,812.71 Interest Type: Daily Interest Rate: 6.000 Interest Due: 1,381.57 One Day's interest: 6.0514 Due Date: 10/16/2011 06104/2012 Amoun? Past Due by Payoff Date: 3,315.43 Past Due Payment Count: 8 Late Charge Due: 175.00 Payoff on 06/04/2012 v6. 10/1612017 1,361.57 10116/2017 0 20,000 40,000 60,000 : Total Interest ® Total Amount ® Total Sales Tax Total Insurance Exhibit "1" 06/01/2012 17:19 7179320317 KARLLEDEBOHM PAGE 08/11 MEMBERS 1"' FEDERAL IN THE COURT OF COMMON PLEAS CREDIT UNION CUMBERLAND COUNTY, PENNSYLVANIA, PLAINTIFF Vs. NO.: 12-1650 Civil DAVITS A. BARTLETT DEFENDANT : CIVIL ACTION-LAW MORTGAGE FORECLOSURE VERIFICATION T, Laura kloke, Business Collections Specialist for Members 1't Federal Credit Union, being authorized to do so on behalf of Members I" 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 IS Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. Members 1 ? Federal Credit Union By Laura Hoke, Business Collections Specialist 7 Karl M. Ledebohm, Esquire P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 MEMBERS 1 FEDERAL CREDIT UNION IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF Vs. DAVID A. BARTLETT DEFENDANT NO.: 12-1650 Civil CIVIL ACTION - LAW MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE I, Karl M. Ledebohm, Esquire, hereby certify that on the 7t' day of June, 2012, I served a true and correct copy of Plaintiffs Motion for Summary in the above captioned matter upon the following by first class mail, postage prepaid, addressed as follows: David A. Bartlett 53 Elm Street Pittsfield, MA 01201 David A. Bartlett c/o William Adler, Esquire 4949 Devonshire Road Harrisburg, PA 17109 David A. Bartlett c/o Brian J. Davis, Esquire The Davis Law Group, P.C. 470 Midland Avenue Staten Island, NY 10306 submitted, Date: June 7, 2012 Karl M. Udeb&m, Esq.'- Attorney for Plaintiff Supreme Court ID #: 59012 P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 C? /w ? ILC-D-1 tws` t . f'C,DTtjONOTA i 211312 AUG -1 AM 8. 49 t,',IMBERLAND COUNTY EENNSYLYPANIA Karl M. Ledebohm, Esquire P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 PRAECIPE FOR LISTING CASE FOR ARGUMENT To the Prothonotary of Cumberland County: List the within matter for the next Argument Court: MEMBERS 1 IT FEDERAL CREDIT UNION PLAINTIFF Vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO.: 12-1650 Civil DAVID A. BARTLETT CIVIL ACTION - LAW DEFENDANT MORTGAGE FORECLOSURE 1. Matter to be argued: Plaintiff's Motion for Summary Judgment. 2. Identify all counsel who will argue cases: (a) Karl M. Ledebohm, Attorney for Plaintiff, P.O. Box 173, New Cumberland, PA 17070-0173. (b) William L. Adler, Attorney for David A. Bartlett, 4949 Devonshire Rd., Harrisburg, PA 17109. 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: September 7, 2012. a ?? .?sP? a w C?? Lo S3 Respectfully Date: August 3, 2012 I &rl M. Ledebohm, Esq. Attorney for Plaintiff Supreme Court ID #: 59012 P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 Karl M. Ledebohm, Esquire P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 MEMBERS 1 FEDERAL CREDIT UNION PLAINTIFF Vs. DAVID A. BARTLETT DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA NO.: 12-1650 Civil : CIVIL ACTION -LAW : MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE I, Karl M. Ledebohm, Esquire, hereby certify that on the 3rd day of August, 2012, I served a true and correct copy of Praecipe for Listing Case for Argument on Plaintiff's Motion for Summary Judgment in the above captioned matter upon the following by first class mail, postage prepaid, addressed as follows: William Adler, Esquire 4949 Devonshire Road Harrisburg, PA 17109 Date: August 3, 2012 Karl M. Ledebohm, Esq. Attorney for Plaintiff Supreme Court ID #: 59012 P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929