Loading...
HomeMy WebLinkAbout13-3680 Supreme Co ennsylvania COU " o leas For Prothonotary Use Only. Docket No: CU L County , fp The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: S ✓] Complaint Cl Writ of Summons 0 Petition Transfer from Another Jurisdiction ® Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: , Pennsylvania State Employees Credit Union Gene N. Bennett and Lorraine G. Bennett Are money damages requested? El ®No Dollar Amount Requested: ®within arbitration limits I check one) ) ©outside arbitration limits i N Is this a Class Action Suit? 0 Yes ® No Is this an MDJAppeal? 0 Yes 0 No A Name of Plaintiff /Appellant's Attorney: Shawn M. Long, Esquire 0 Check here if you have no attorney (are a Self- Represented [Pro Se] Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS 0 Intentional 0 Buyer Plaintiff Administrative Agencies 0 Malicious Prosecution 0 Debt Collection: Credit Card 0 Board of Assessment 0 Motor Vehicle 0 Debt Collection: Other OJ Board of Elections 0 Nuisance 0 Dept. of Transportation 0 Premises Liability ® Statutory Appeal: Other S 0 Product Liability (does not include 0 Employment Dispute: mass tort) E 0 Slander/Libel/ Defamation Discrimination C 0 Other: 0 Employment Dispute: Other ® Zoning Board T 0 Other: I 0 Other: O MASS TORT 0 Asbestos N 0 Tobacco ® Toxic Tort - DES 0 Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS ® Toxic Waste ® Other: ®Ejectment ®Common Law /Statutory Arbitration B 0 Eminent Domain /Condemnation ® Declaratory Judgment 0 Ground Rent 0 Mandamus 0 Landlord/Tenant Dispute 0 Non - Domestic Relations 0 Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY 0 Mortgage Foreclosure: Commercial 0 Quo Warranto 0 Dental 0 Partition 0 Replevin 0 Legal 0 Quiet Title 0 Other: 0 Medical 0 Other: 0 Other Professional: 3962205 Updated 1/1/2011 — GFFI W TF i�r O� IGi 0 T R Y 2 1'3 JUN 26 2 CtJMP,EFLAND COUNTY PEN, dSYLVANIA BARLEY SNYDER Shawn M. Long, Esquire Court I.D. No. 83774 126 E. King Street Lancaster, PA . 17602 Attorneys for Plaintiff 717.299.5201 Pennsylvania State Employees Credit Union PENNSYLVANIA STATE EMPLOYEES COURT OF COMMON PLEAS OF CREDIT UNION, CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA CIVIL ACTION — MORTGAGE V. FORECLOSURE GENE N. BENNETT and No. ) 3 'aD ?O 0'J LORRAINE G. BENNETT, Defendants NOTICE TO DEFEND Pursuant to PA RCP No. 1018.1 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 to you for any money claimed in the Complaint or for any other claim or relief requested by Plaintiff(s). You may lose money or property or other rights important to you. C � 33 3 �. a Ct a YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford St. Carlisle, PA 17013 Telephone: (717) 249 -3166 Effective September 1, 2003 3931450 -1 BARLEYSNYDER Shawn M. Long, Esquire Court I.D. No. 83774 126 E. King Street Lancaster, PA 17602 Attorneys for Plaintiff 717.299.5201 Pennsylvania State Employees Credit Union PENNSYLVANIA STATE EMPLOYEES COURT OF COMMON PLEAS OF CREDIT UNION, CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA CIVIL ACTION — MORTGAGE V. FORECLOSURE GENE N. BENNETT and No. LORRAINE G. BENNETT, Defendants AVISO PARA DEFENDER Conforme a RCP No. 1018,1 del PA LE HAN DEMANDADO EN CORTE. Si usted desea defender contra las demandas dispuestas en las paginas siguientes, usted debe tomar la acci6n en el plazo de veinte (20) dias despues de esta queja y el aviso es servido, incorporando un aspecto escrito personalmente o por el abogado y archivando en escribir con la corte sus defensas u objeciones a las demandas dispuestas contra usted. Le advierten que si usted no puede hacer asi que el caso puede proceder sin usted y un juicio se puede incorporar contra usted por la corte sin aviso adicional a usted para cualquier dinero demandado en la queja o para cualquier otra demanda o relevacion pedida por Plaintiff(s). Usted puede perder el dinero o la caracteristica u otra endereza importante a usted. USTED DEBE LLEVAR ESTE PAPEL SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE Un ABOGADO, VAYA A O LLAME POR TELEFONO La OFICINA DISPUESTA ABAJO. ESTA OFICINA PUEDE PROVEER De USTED La INFORMACION SOBRE EMPLEAR A un ABOGADO. SI USTED NO PUEDE PERMITIRSE AL HIRE A un ABOGADO, ESTA OFICINA PUEDE PODER PROVEER DE USTED LA INFORMACION SOBRE LAS AGENCIAS QUE LOS SERVICIOS JURIDICOS de la OFERTA de MAYO A LAS PERSONAS ELEGIBLES EN Un HONORARIO REDUCIDO O NINGLTN HONORARIO. Cumberland County Bar Association 32 S. Bedford St. Carlisle, PA 17013 Telephone: (717) 249 -3166 Efectivo 1 de Septiembre, 2003 Queja 3931450 -1 BARLEY SNYDER Shawn M. Long, Esquire Court I.D. No. 83774 126 E. King Street Lancaster, PA 17602 Attorneys for Plaintiff 717.299.5201 Pennsylvania State Employees Credit Union PENNSYLVANIA STATE EMPLOYEES COURT OF COMMON PLEAS OF CREDIT UNION, CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA CIVIL ACTION - MORTGAGE V. FORECLOSURE GENE N. BENNETT and No. LORRAINE G. BENNETT, Defendants COMPLAINT 1. Plaintiff, Pennsylvania State Employees Credit Union ( "PSECU "), is a national banking association having an office at One Credit Union Place, Harrisburg, PA 17110. 2. Defendant, Gene N. Bennett, is an adult individual with a last known address of 703 Erford Road, Camp Hill, Pennsylvania 17011 -1126. 3. Defendant, Lorraine G. Bennett, is an adult individual with a last known address of 703 Erford Road, Camp Hill, Pennsylvania 17011 -1126. 4. On or about July 1, 2002, Defendants executed and delivered to PSECU a Note (the "Note ") in the original principal sum of $63,000.00. A true and correct copy of the Note is attached hereto as Exhibit "A" and incorporated herein by reference. 5. The Note carries interest at the initial rate of 2.75% per annum and requires Defendants to make monthly payments of principal and interest in the initial amount of $669.43 beginning August 16, 2002 and continuing thereafter on the Sixteenth (16th) day of every month until all outstanding principal and all accrued interest are paid in full. 6. The Note requires Defendants to pay a late charge of five percent (5 %) of the overdue payment of principal and interest when PSECU does not receive Defendants' monthly payment within fifteen (15) days of the date that the payment is due. 7. The Note is secured and accompanied by a Mortgage (the "Mortgage ") dated July 1, 2002 and recorded in the Office of the Recorder of Deeds of and for Cumberland County, Pennsylvania, on July 17, 2002, on Defendants' property being located at 703 Erford Road, Camp Hill, Cumberland County, Pennsylvania (the "Premises "). A true and correct copy of the Mortgage which contains the complete description of the Premises, is attached hereto as Exhibit "B" and incorporated herein by reference. 8. Defendants are in default under the Note and Mortgage for failure to make monthly payments which were due beginning November 16, 2012 and each month thereafter. 9. Notice as required by the Homeowner's Emergency Mortgage Assistance Act of 1983 (Pennsylvania Act 91) was sent to Defendants by Certified Mail, Return Receipt Requested on March 20, 2013. A true and correct copy of this notice is attached hereto as Exhibit "C" and incorporated herein by reference. 3931450 -1 10. Pursuant to the Note, in the event of Default, PSECU may, and hereby does, declare all amounts owed under the Note, including principal, accrued interest, late charges, and all other charges, including reasonable attorneys' fees, to be immediately due and payable. 11. Pursuant to the Note, in the event of Default, PSECU is entitled to be reimbursed for all costs and expenses, including reasonable attorneys' fees incurred in bringing any action to enforce the Note. 12. For purposes of this action, PSECU believes, and therefore avers, that $3,000.00 constitutes reasonable attorneys' fees for enforcing the Note. However, PSECU recognizes that it is restricted by law to those attorneys' fees that are actually incurred. If those fees are less than $3,000.00, PSECU agrees to adjust its demand for attorneys' fees, if applicable, at the time payment on any judgment is made. 13. As of April 23, 2013, the amount due on the Note and the Mortgage is as follows: Principal Balance ........................................ ............................... $31,766.26 Interest through 04/23/13 at a rate of $2.39 per diem ........................ ............................... 325.48 LateCharges ................................................ ............................... 0.00 OtherBank Fees .......................................... ............................... 50.50 Attorneys' Fees ........................................... ............................... 3,000.00 Total $35,142.24 plus continuing interest after April 23, 2013 at a rate of $2.39 per diem, plus continuing late charges, attorneys' fees and costs. 14. PSECU has demanded payment of the amount owed from Defendants but Defendants have failed and/or have refused to pay the same. 3931450 -1 15. Pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq., Defendants may dispute the validity of the debt or any portion thereof. If Defendants do so in writing within thirty (30) days of receipt of this pleading, Counsel for Plaintiff will obtain and provide Defendants with written verification thereof; otherwise, the debt will be assumed to be valid. Likewise, if requested within thirty (30) days of receipt of this pleading, Counsel for Plaintiff will send Defendants the name and address of the original creditor if different from the above. WHEREFORE, Plaintiff, Pennsylvania State Employees Credit Union demands judgment against Defendants, Gene N. Bennett and Lorraine G. Bennett, in the amount of $35,142.24, plus continuing interest after April 23, 2013 at a rate of $2.39 per diem, plus continuing late charges, attorneys' fees and costs, and for the foreclosure and sale of the Premises. BARLEY SNYDER Date: �j By: -�Z� awn . Long, Es ire Attorneys for Plai, iff, Pennsylvania State Employees Credit Union Court I.D. No. 83774 126 E. King Street Lancaster, PA 17602 717.299.5201 3931450 -1 FXNIBIf A Note 5 AccountO 83()1 p4� ER COPY HOME EQUITY LINE OF CREDIT AGREEMENT Date iJim i A You may make advances until PENNSYLVANIA STATE EMPLOYEES Name Evge B�nnOtl CREDIT UNION P.O. BOX 67013 i.nrraine f.. Bennett HARRISBURG, PA 17106 -7013 703 Prf orjRoa d Cam Hill, PA 17011 Approved Line ofCredit 6 Access toAccount Advance Minimum 5 50 0 Mail ❑X Over the Counter Property Securing Account; 703 Erford Road Telephone ❑ Other Ca mp Hill, PA 17011 In this Agreement, you and yours refers to the credit union, 1, me, and my annual percentage rate substantially similar to the rata in effect at the time means each person whose regnest for a Home Equity Line of Credit Account the original index became unavailable. You may make a specified change has been approved by you. Account means the Home Equity Line of Credit to the agreement if i speciftcally agree to It In writing at the time. You may Account. Premises means the property securing this Account. I agree to the make an insigni0cant change to terms. following: 1. PROMISE TO PAY. I promise to pay you all amounts I borrow under 8. SECURITY INTEREST. As security for all sums due on this Account, this Account, as well as all finance charges and other applicable costs. In including any future advances, all of the owners of the Premises have addition, if I permit someone else to use my Account, l am responsible to you executed a mortgage in your favor. The mortgage evidencing this security for repayment as if the advance were my own. interest is incorporated by reference into this AgrcemenL 2. PAYMENTS. 1 can obtain advances of credit for five years (the draw period). After the draw period ends, I will no longer be able to obtain credit You waive any statutory lion you may have on sham accounts I may have. advances and I must repay the outstanding balance over ten years from the date of the last draw. During both the draw and repayment periods, payments will be due monthly. My minimum payment will equal the greater of $50, or 9, TAX DEDUCTIBILITY OF INTEREST. I acknowledge that i should a dollar amount based on the principal balance as of the date of the lest draw, consult a tax advisor regarding the deductibility of interest and charges under the current interest rate and a term of 120 months. tho plan. During the repayment period, my monthly minimum payment will continue to be based upon the principal balance at the date of the last advance, 10. INSURANCE. I promise to obtain homeowners insurance which the current interest rate and a ten year term from the date of the last advance, includes protection for fire and other hazards In an amount acceptable to you. or S50, whichever is greater. This Insurance protects your interest in the Premises when this Agreement is 3. FINANCE CHARGE. The Annual Percentage Rate will be 1.000 in effect. I may obtain the property insurance from any insurance carrier of percent above the highest rate as published In the Money Rates Table in my choice which is licensed to do business in the state in which the Premises the last Issue of tho'Wall Street Journal" on the last day of the preceding is located and which is acceptable to you. Timely payment of all applicable month but one. The rate change will be effective on the first day of the taxes is also a condition of the Agreement. You may also require me to place month. The minimum Annual Percentage Rate Is 6 percent: The maximum sums Into escrow for taxes and insurance. Any proceeds of insurance which Annual Percentage Rate Is 21 percent Computing how much interest will be you require me to obtain and any sums I may now or later pay into escrow for taken from each loan payment is easy. You start by multiplying any un aid taxes and insurance will also be security for all sums due on my Account. loan balance by the daisy factor to give you the interest charge for one day. 11. SALE OF PROPERTY. If all or any part of the Premises or any interest To determine the daily factor, divide the current interest rate by 365 days and in it is sold or transferred (or if a beneficial interest in me is sold or transferred carry the answer eight decimal places. and borrower is not a natural person) without your prior written consent, you The interest charge for one day Is then multiplied by the number of days may, at your option, require immediate payment in full of all sums secured by since the last payment An example ofan Interest calculation is shown below this Agreement. IfI fall to pay these sums prior to the expiration of this based on a 9 percent Interest rate. period, you may invoke any remedies permitted by this Agreement without further notice or demand on me. Loan Balance - $5,000 12. DEFAULT. In the event ofdefault as de0ned herein you may refuse to Number of Da s Since Last Payment= 31 make advances to me, cancel my account, demand immediate payment oftho y entire outstanding balance and take whatever legal action is permissible. The S 5,000 X .00024657534 = 12328767 (daily Interest charge) following acts are events of default: 12328767 X 3I = 38.22 (monthly Interest charge) — IfI have committed any act of fraud or made a material Finance charges begin to accrue on the date the transaction is posted to my misrepresentation in connection with the plan either at the time of application or during the term of this agreement, The current periodic rate is .016438 % and the ANNUAL PERCENTAGE RATE is 6.000 %. An increase in the annual percentage rate will result in a higher minimum monthly payment — if [ fail to make payments due under this agreement; The. annual percentage rate includes only Interest and not other costs. — if I transfer title to or sell the property without your permission; 4. LATE CHARGE. If my minimum payment is not received by you within — if[ fail to keep the property insured; fifteen (15) days of its duo date, you may charge and I agree to pay a late — if[ fail to pay taxes on the property; charge of 5 percent ofthe overdue payment — if I permit the filing of a lien senior to your lien or default on a senior 5. YOUR OBLIGATIONS. You agree to honor all advances made against lion; my Account, up to my credit limit, for the term of this Agreement provided if I die; that each advance shall be for an amount not less than Five Hundred ($500.00) Dollars. Your obligation is unconditional unless I am in default if I fail to maintain the property; under the Default Section of this Agreement — if the property is condemned by eminent domain. 6. CREDIT LIMIT. This Account will allow me to obtain up to the credit The following acts will allow you to temporarily prohibit additional limit established for my Account. I will not obtain an advance that will cause extensions of credit or to reduce my credit fimit: my principal Account balance to exceed my approved credit limit. You may rotuso to make an advance for an amount which when added to my principal if the value of my property falls significantly below the appraised Account balance exceeds my credit limit value; 7. CHANGE IN TERMS. During any period on which the maximum — If you reasonably believe I will be unable to make my payments due Annual Percentage Rate is reached you may prohibit additional extensions of to a material change in my financial circumstances; credit or reduce the credit IimiL You may change the Index and margin used under the plan if the original index is no longer available and if the new index — if [ fail to meet any material obligation under this agreement; and margin has an historical movement substantially simflar to that of the — ifthe APR reaches the maximum rate [under the plan. original Index, and the new Index and margin would have resulted in an SEE REVERSE SIDE FOR INFORMATION AND NOTICE OF BILLING RIGHTS HOME EQUITY LINE OF CREDIT AGREEMENT (Continued) 13. COLLECTION COSTS if you start collection proceedings to recover — I am in default'of a material obligation In the agreement; the amounts i owe you, I agree to pay all of your reasonable and actual costs — government action prevents you from imposing the Annual Percentage and expenses. If you refer my Account to a lawyer for collection, I will pay Rate provided for or impairs your security Interest such that the value of your attorneys fees plus court costs. A finance charge at the contract annual the Interest is less than 120 percent ofthe credit line, percentage rate will accrue on all sums I owe you until you receive payment in full. — a regulatory agency has notified you that continued advances would 14. CANCELLATION AND EXPIRATION. 1 may cancel my Account at constitute an unsafe or unsound practice; any time by notifying you in writing. My request for cancellation will -- the maximum Annual Percentage Rate is reached. become c0active as soon as you can reasonably act upon the request. Once my Account is cancelled or expires, I will not be permitted to make any advances against the Account and I will continue to make payments under the 16. ASSIGNMENT. I cannot assign my rights or Obligations under this Payment Schedule Section of this Agreement until the Account Is paid in full. Agreement. 15. SUSPENSION AND TERMINATION. You can terminate my lino of 17. IRREGULAR PAYMENTSIDELAY IN ENFORCEMENT. You can credit, require mete pay you the entire outstanding balance In one payment accept late payments or partial payments without losing any of your rights and charge me certain fees M under this Agreement. You can also delay enforcing your rights under this Agreement without losing them. - -I engage in fraud or material misrepresentation in connection with the line of credit; 18. JOINT LIABILITY. if there is more than one signer each will be terms personally liable, separate and together, for all advances against this Account, — I do not meet the repayment plus finance charges and other applicable costs. - my action or inaction inadversely affects the collateral or your rights in the collateral. 19. SEVERABILITY. if any provision of this Agreement is invalid or You can refuse to make additional extension of credit or reduce my credit unenforceable under any law, rule or regulation, it shall not effect the validity limit If: or enforceability of any other provision of this Agreement — the value of the dwelling securing the line ofcredit declines 20. GOVERNING LAW. This Agreement will be governed by the laws of significantly below its appraised value for purposes of the line of credit; the Commonwealth of Pennsylvania, unless and to the extent that federal law applies. -- you reasonably believe I will not be able to meet the repayment requirements due to a material change in my financial circumstances; I ACKNOWLEDGE I HAVE RECEIVED A COPY OF THIS AGREEMENT AND DISCLOSURE STATEMENT AND I INTEND TO BE LEGALLY BOUND BY ITS TERMS Date Signature Date Signature YOUR BILLING RIGHTS KEEP THIS NOTICE FOR FUTURE USE This notice contains important information about my billing rights and My Rights and Your Responsibilities After your responsibilities under the Fair Credit Billing Act. You Receive My Written Notice I Should Notify You In Case of Errors You must acknowledge my letter within 30 days, unless you have or Questions About My Bill corrected the error by then. Within 90 days, you must either correct the error or explain why you believe the bill was correct. If t think my bill is wrong, or I need more information about a transaction After you receive my letter, you cannot try to collect any amount I on my bill, I will write to you on a separate sheet at the address listed on my question, or report me as delinquent. You can continue to bill me for the bill. I will write you as soon as possible. You must hear from me no later amount I question, including finance charges, and you can apply any unpaid than 60 days after u sent me the first bill an which the error or problem amount ngainst my credit limit. I do not have to pay any questioned amount appeared. I can telephone you, but doing so will not preserve my rights. while you are investigating, but I am still obligated to pay the parts of my bill that are not In question. In my letter, I will give you the following information: My name and account number. If you find that you made a mistake on my bill. I will not have to pay any The dollar amount of the suspected error. finance charges related to any questioned amount. If you didn't make a P mistake, i may have to pay finance charges, and I will have to make up any — A description of the error and an explanation, 1171 can, ofwhy I missed payments on the questioned amount In either case, you will send me believe there is an error. If I need more information, I will describe the a statement of the amount I owe and the date that it is due. item I am not sure about [f I fail to ay the amount that you think I owe, you may report me If I have authorized you to pay my bill automatically from my share delinquent. IF your explanation does not satisfy me and I write to you within account I can stop the payment on any amount I think is wrong. To stop the 10 day's telling you that I still refuse to pay, you must tell anyone who has payment, Is my letter must reach you 3 business days before the automatic received areport about me thatI have a question aboutmy bill. When the ayment Is scheduled to reach y y about finally resolved, you must inform anyone who has received a report Ifyou do not follow these rules you cannot collect the first $50.00 of the questioned amount, even if my bill is correct EXHIBIT B ..:OORDEP OF DEEDS 'IBERLAND COUNTY -PA T? JUL 17 flM 10 54 Parcel Number: 09- 16- 1050 -165 Loan #: 25317 PENNSYLVANIA STATE EMPLOYEES CREDIT UNION OPEN END MORTGAGE THIS MORTGAGE SECURES FUTURE ADVANCES WHICH THE LENDER IS OBLIGATED TO MAKE UNDER AN AGREEMENT WITH A REVOLVING LINE OF CREDIT AND AN INTEREST RATE WHICH MAY VARY THIS MORTGAGE, is made this / day of jtj RM , between Eugene N. Bennett, Lorraine G. Bennett , , , the Owner(s) and/or Borrower( (the "BORROWER") and the PENNSYLVANIA. STATE EMPLOYEES CREDIT UNION, a credit union organized and existing under the laws of PENNSYLVANIA, located at P.O. Box 67013, Harrisburg, PA 17106 -7013 (the "LENDER "). The BORROWER has been granted an open -end line of credit by LENDER with a credit limit of $ 63,000.00 as provide or in the a quity Line of Credit Agreement and Disclosure Statement (the "AGREEMENT "), dated BE C AUSE,LENDER has to make obligatory advances to BORROWER under the terms of the AGREEMENT, up to the credit limit amount, which advances will be of a revolving nature and may be made, repaid, and remade from time to time; and BECAUSE,13ORROWER as provided for in the AGREEMENT must repay all advances due and the interest thereon; and BECAUSE, BORROWER, and LENDER contemplate a series of advances to be secured by this mortgage; THEREFORE, in consideration of the above stated obligations and to provide security for all repayment of the indebtedness owed to LENDER, together with interest due and to become due, advanced to BORROWER, the payment of all sums advanced in accordance herewith to protect the security of this mortgage, with finance charges at a variable rate as described in the AGREEMENT and the performance of the terms and covenants of this mortgage and the AGREEMENT,, OWNER does hereby, irrevocably grant, convey, and mortgage to LENDER the following described real estate, together with all improvements now or hereafter erected on the PROPERTY, and all easem � nr&or o ts, rights, appurtenances, fixtures and rents, all of which is located in (city/t sh' /borough) of �j , Commonwealth/State of Pennsylvania known as 703 Erford Road, Camp Hill, PA 17011 (municipality) Camp Hill (county) Cumberland (state) PA which was conveyed to owner by DEED dated August 02, 1979, and properly recorded in the Office For the Recorder of Deeds in said County Deed Book No. 0-28, page 747 or Instrument No. as the PROPERTY is described therein (the "PROPERTY ") and, if this box is checked, then see Exhibit "A" which more completely describes the PROPERTY, and which is attached hereto and made a part thereof. Page 1 of 5 OKI765PG2017 OWNER covenants that OWNER is lawfully seized of the estate hereby conveyed and has the right to grant and convey the PROPERTY, and that the PROPERTY is unencumbered, except for encumbrances of record and disclosed to LENDER. OWNER warrants and will defend generally the title to the PROPERTY against all claims and demands, subject to encumbrances of record. OWNER and LENDER covenant and agree as follows: 1) ADVANCE MONEY MORTGAGE. It is 5) PRIOR MORTGAGES. OWNER shall perform expressly understood and agreed that this mortgage all obligations under any mortgage or other security secures, among other things, certain obligatory loans agreement with alien which has priority over this and advances to be made from time to time by mortgage, including any covenants to make payments LENDER to BORROWER pursuant to the when due. OWNER shall pay or cause to be paid all AGREEMENT which future advances are secured by taxes, assessments and other charges which may attain this mortgage as if mad on the date hereof. priority over this mortgage. OWNER shall not enter into any agreement with the holder of any mortgage of 2) PAYMENT OF PRINCIPAL, FINANCE other security agreement which has priority over this CHARGES AND OTHER CHARGES. BORROWER mortgage by which that agreement is modified, shall promptly pay when due all amounts borrowed amended, extended or renewed, without prior written under the AGREEMENT, all finance charges and consent of the LENDER. OWNER shall neither applicable other charges and collection costs as request nor accept any future advances under a prior provided in the AGREEMENT. mortgage or other security agreement without the prior written consent of LENDER. 3) TAXES AND INSURANCE. Subject to applicable law, LENDER, at LENDER'S option may require 6) HAZARD INSURANCE. OWNER and OWNER to pay to LENDER on the day monthly BORROWER shall keep the improvements now payments of principal and finance charges are payable existing or hereafter erected on the PROPERTY under the AGREEMENT, until all sums secured by insured against loss by fire and other hazards and this mortgage are paid in full, a sum equal to' casualties as LENDER may require and in such one - twelfth of the yearly taxes and assessments amounts and for such periods as LENDER may (including condominium and group unit assessments, require. The insurance carrier providing the insurance if any) which may attain priority over this mortgage, shall be chosen by BORROWER and OWNER subject plus one - twelfth of the yearly premium of hazard to approval by LENDER; provided that such approval insurance. If LENDER elects to exercise this option, it shall not be unreasonably withheld. All insurance shall notify OWNER as provided in paragraph 12 policies and renewals thereof shall be in a form and below. OWNER shall not be obligated to make these amounts acceptable to LENDER. OWNER payments to the extent that they are made by OWNER hereby assigns to LENDER as loss payee all insurance to the holder of a prior mortgage, is such a holder is an policies and the proceeds thereof to LENDER as institutional Iender. additional security, to the extent that such insurance policies and proceeds have not previously been value If OWNER pays such funds to LENDER, LENDER assigned. In the event of loss, OWNER shall give shall apply funds to pay said taxes, assessments, prompt notice to the insurance carrier and LENDER. insurance premiums and ground rents. LENDER LENDER may file proofs of and settle all claims under cannot charge for so holding and applying the funds, such policies and may demand and receive monies to unless LENDER pays BORROWER interest in the the extent of interest in the proceeds. At LENDER !S funds and applicable law allows LENDER to make option, the proceeds of insurance may be applied to the such a charge. indebtedness remaining unpaid under the AGREEMENT or released for the restoration or repair 4) PAYMENT APPLICATION. Unless applicable law of the PROPERTY. states otherwise, all payments received by LENDER 7) PRESERVATION AND MAINTENANCE OF under the AGREEMENT and paragraphs 2 and 4 above PROPERTY. OWNER shall keep the PROPERTY in will be applied by LENDER first to the payment of good order and repair and shall not commit waste nor amounts owed to LENDER under paragraph 3 above, permit impairment or deterioration of the PROPERTY second, (in the order LENDER chooses) to any finance and shall comply with the provisions of any lease if charges, other charges and collection costs owing, and this mortgage is on a leasehold. If this mortgage is on third, to the principal balance under the AGREEMENT. a unit in a condominium or a planned unit Page 2 of 5 8K [ 766PG20.1 8 development, OWNER shall perform all of OWNER'S may designate by notice to LENDER as provided obligations under the declaration or covenants creating herein: and (b) any notice to LENDER shall be given or governing the condominium or planned unit by certified mail to LENDER'S address stated herein or development, the bylaws and regulations of the to such other address as LENDER may designate by condominium or planned unit development. notice to OWNER as provided herein. If notice is S) INSPECTION. LENDER may make or cause to be given by certified mail, it shall be deemed to have been made reasonable entries upon and inspections of the given on the date of mailing. PROPERTY, provided that LENDER shall give OWNER notice prior to such inspection specifying 13) NOTICE OF TRANSFER. If all or any part of reasonable cause therefore related to LENDER'S interest in the PROPERTY. the property or any interest in it is sold or transferred 9) CONDEMNATION. The proceeds of any award without LENDER'S prior written consent, LENDER or claim for damages, direct or consequential, in may, at its option, require immediate payment in full connection with any condemnation or other taking of of all sums secured by this mortgage. Upon any such sale the obligation the PROPERTY, or part thereof, or for conveyance in LENDER to provide any lieu of condemnation, are hereby assigned and shall be additional advances s s shall cease. If LENDER exercises this option, LENDER shall give BORROWER notice paid to the LENDER, to the extent of any indebtedness of acceleration. The notice shall provide a period of under the AGREEMENT, subject to the terms of any mortgage, or other security agreement with a lien not less than 30 days from the date the notice is which has a priority over this mortgage. The proceeds delivered or mailed within which BORROWER must pay all sums secured by this mortgage. If of such award may, at LENDER'S option, be used to pay the outstanding amount under the AGREEMENT BORROWER fails to pay all sums prior to the secured by this mortgage. expiration of this period, LENDER may invoke any 10) EXTENSION NOT RELEASE remedies permitted by this mortgage without further notice or demand. FORBEARANCE NOT A WAIVER. Any extension of time for repayment or modification or the amount 14) ADDITIONAL SECURITY. As additional due under the AGREEMENT which is granted by security hereunder, OWNER hereby assigns to LENDER to BORROWER shall not operate to release, LENDER the rents of the PROPERTY, provided that in any manner, any other BORROWER or OWNER or their successors in interest under the terms of the OWNER shall, prior to the declaration of an event of AGREEMENT or this mortgage. Any forbearance by default or abandonment of the PROPERTY have the LENDER in exercising any right or remedy hereunder, right to collect and retain such rents as they become or otherwise afforded by applicable law, shall not be due and payable. waiver of or preclude the exercise of any such right or 15) EVENTS OF DEFAULT. Each of the following remedy. shall be an event of default under this mortgage: (a) 11) SUCCESSORS AND ASSIGNS BOUND: BORROWER'S failure to pay any amount when due or JOINT AND SEVERAL LIABILITY; CO- SIGNERS. breach of any promise or representation in the The covenants and agreements herein contain shall AGREEMENT or in any other obligation to LENDER; bind and the rights hereunder shall inure to the (b) a breach of any covenant or agreement in this respective successors and assigns of the parties. If mortgage; (c) BORROWER or OWNER provides more than one OWNER signs this mortgage, their LENDER with false information or signatures at any obligations shall be joint and several. A co- signer of time; (d) the PROPERTY is totally or partially this mortgage who does not sign the AGREEMENT is destroyed by fire or other casualty; (e) any action or co- signing this mortgage only to grant and convey that proceeding is commenced which materially affects OWNER'S interest in the PROPERTY to LENDER LENDER'S interest in the PROPERTY; (f) under the terms of this mortgage, and is not personally BORROWER dies, is incarcerated or declared legally liable under the AGREEMENT or under this incompetent; (g) OWNER commits waste or permits mortgage. impairment or deterioration of the premises to occur; 12) NOTICE. Except for any notice required under (h) a petition in bankruptcy is filed by or against applicable law to be given in another manner, (a) any BORROWER or OWNER which states that notice to OWNER provided for in this mortgage shall BORROWER or OWNER cannot pay debts when due be given by delivering it personally or by mailing such and said petition is not dismissed or withdrawn within notice by certified mail, addressed to OWNER at the sixty 960) days of the filing of said petition; or (i) address of the PROPERTY or at such other address as BORROWER or OWNER fails to maintain the OWNER required insurance on the PROPERTY. Page 3 of 5 OKI765PG20 -19 e y � a t e 16) LENDER'S REMEDIES. Upon LENDER'S this mortgage or the AGREEMENT conflicts shall not declaration of an event of default, LENDER may, affect other provisions of this mortgage or the upon proper and timely notice to OWNER and AGREEMENT which can be given affect without a BORROWER: (a) accelerate the total amount due conflicting provision, and to this end the provisions of under the AGREEMENT; (b) foreclose upon the this mortgage and the AGREEMENT are declared to PROPERTY by judicial proceedings, subject to be severable. OWNER'S or BORROWER'S right to cure such OWNER'S COPY. OWNER shall be furnished a . default, in which event LENDER shall be entitled to 19 ) collect all expenses of foreclosure, including but not confirmed copy of the AGREEMENT and of this limited to reasonable attorney's fees and abstract and mortgage at the time of execution or after recordation title report; (c) terminate the AGREEMENT and hereof. LENDER'S obligation to make advances thereunder; (d) make any appearances and advance any sums with 20) WAIVER OF STATUTES OF LIMITATIONS. interest thereon, shall also be secured by this OWNER hereby waives to the full extent permitted by mortgage, which sums with interest thereon, shall also law, statutes of limitations as a defense to any demand be secured by this mortgage and are payable upon or obligation secured by this mortgage. demand; or (e) take any other action allowed by law or pursuant to the terms of the AGREEMENT and this 21) INTEREST PAYABLE AFTER JUDGMENT. mortgage. OWNER agrees that any interest payable after a 17) CUMULATIVE RIGHTS AND REMEDIES. judgment is entered, or on additional sums advanced, LENDER'S rights and remedies under this mortgage shall be at the same rate as is stated in the shall be cumulative and the exercise of any one or AGREEMENT. more of these rights shall not preclude the exercise of any other rights or remedies specifically granted in this mortgage or permitted by law. 22) RELEASE. Should LENDER'S obligations to make advances to BORROWER pursuant to the terms of the 18) GOVERNING LAW: SEVERABILITY. The AGREEMENT be terminated, and provided furthermore state and local laws applicable to this mortgage shall that should BORROWER pay in full all sums secured by be the laws of the jurisdiction in which the this mortgage, then, upon written demand of OWNER, PROPER'T'Y is located. The foregoing sentence shall LENDER shall, with ten (10) days, either satisfy this not limit the applicability of federal law to this mortgage of record or deliver a written release of this mortgage. In the event that any provision or clause of mortgage to OWNER Witness Own gene N. Bennett (seal) Witness Owner Lorraine G. Bennett (seal) Witness Owner (seal) Witness Owner (seal) Page 4 of S 6K1765PG2,020 c r � NOTARY INFORMATION THE NOTARY PUBLIC LAW REQUIRES THAT THE NOTARY'S RUBBER STAMP SEAL BE IMPRESSED NEAR HIS OR HER SIGNATURE. THE RUBBER STAMP SEAL IMPRESSION MAY NOT OVERLAP THE NOTARY'S SIGNATURE, OR EMBOSSING SEAL IMPRESSION. COMMONWEALTH OF PENNSYLVANIA, Coun ss: On this, the / day of tlttu 4669. before me, h t Y - Signature of Notary Public the undersigned officer, personally appeared Eugene N. Bennett, Lorraine G. Bennett known to me (or satisfactorily proven) to bet persons) whose name(s) i re ubscribed as OWNER to the within instrument and acknowledged that he /sh the executed the same for the purposes herein contained and desired to be recorded as such. Signature of Notary Public WITNESS THEREOF, I hereunto set my hand and official seal. My Commission Expires: ;•,;, �" ' ;< "No a Impression Stamp Notary Seal Notarial Seal Beth N. Sleichner, Notary Pubfic Camp Hill Boro. Cumberland County ;','; :`+'y ;; ti• ^ My Commission Expires Feb. 22.2006 Member, Pennsylvania Association Q( Notaries Please put Impres�n Stamp only in the above space. Please put Notary Seal only in the above space. REQUEST FOR NOTICE OF DEFAULT AND FORECLOSURE UNDER MORTGAGES OWNER and LENDER request the holder of any mortgage, or other encumbrance with a lien on this PROPERTY to send Notice to LENDER, at LENDER'S address set forth on page one of this mortgage, of any default and any sale or other foreclosure action pertaining to the PROPERTY or LENDER'S interest herein. I certify that the precise residence of the within -named Mortgagee is PSECU, One Credit Union Place, Harrisburg, PA 17110. Signature Agent on behalf of LENDER (Mortgagee) COMMONWEALTH OF PENNSYLVANIA } ss: COUNTY OF r ) Recorded on this day of A.I . Cert1 tj 1kthe"Recorder s _ Office of Said County, in Mortgage Book, Vol. 1+,p 1 a r�' �, ji u�/ PA Given under my hand and seal of the said office, the day and year aforesaid. Cu Page 5 of 5 , Recorder OK. 17 6 5 PG Z U:•2. f Recorder of Decds EXHIBIT C PSECO March 20, 2013 GENE N BENNETT LORRAINE G BENNETT 703 ERFORD ROAD CAMP HILL, PA 17011 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM ( HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1- 800 - 342 -2397. (Personswith impaired hearing can call (717) 780 - 1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACIO'N EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACIO'N OBTENGA UNA TRADUCCIO'N INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRE'STAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME: GENE N BENNETT LORRAINE G BENNETT ADDRESS: 703 ERFORD ROAD CAMP HILL, PA 17011 LOAN ACCT. NO.: 1-50 ORIGINAL LENDER: PSECU CURRENT LENDER /SERVICER: PSECU 1 CREDIT UNION PLACE, HARRISBURG, PA 171 10 -2990 800.237.7328 >>psecu.com 2459591-1 THIS CREDIT UNION IS FEDERALLY INSURED BY THE NATIONAL CREDIT UNION ADMINISTRATION. EQUAL OPPORTUNITY LENDER. 11- GNRADV -0722 7111 PSE@* HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT "), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: * IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, * IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND * IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - -Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing). During that time you must arrange and attend a "face -to- face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY -THREE (33) DAYS OF THE DATE OF THIS NOTICE. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT ", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - -If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face -to -face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - -Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage. Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA and received within thirty (30) days of your face -to -face meeting with the counseling agency. YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT 1 CREDIT UNION PLACE, HARRISBURG, PA 1 71 10-2990 800.237.7328 >>psecuxom THIS CREDIT UNION IS FEDERALLY INSURED BYTHE NATIONAL CREDIT UNION ADMINISTRATION. EQUAL OPPORTUNITY LENDER. 11- GNRADV- 0722 7/11 MEETING, THEN THE LENDER WILl! PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE." YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION -- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS. NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT: The MORTGAGE debt held by the above lender on your property located at: 703 ERFORD ROAD, CAMP HILL, PA 17011 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: You are past due November 2012 thru March 2013 payments: Principal = $2,496.69, Interest = $246.50, Escrow = $0.00 and Late Fees = $ 0.00 Other charges = TOTAL AMOUNT PAST DUE _ $ 2,743.19 HOW TO CURE THE DEFAULT - -You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ 2,743.19 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: Pennsylvania State Employees Credit Union (PSECU) PO Box 67013 Harrisburg, PA 17106 -7013 1 CREDIT UNION PLACE, HARRISBURG, PA 1 7110 -2990 800.237.7328 >>psecu.com THIS CREDIT UNION IS FEDERALLY INSURED BY THE NATIONAL CREDIT UNION ADMINISTRATION. EQUAL OPPORTUNITY LENDER. 11- GNRADV -0722 7/11 PSEC You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: Make a payment of the total past due amount of $ 2,743.19 to re- instate your loan. IF YOU DO NOT CURE THE DEFAULT - -If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON- -The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable Attorneys' fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES- -The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - -If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - -It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately six (6) months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: -Name of Lender: Pennsylvania State Employees Credit Union (PSECU) Address: P O Box 67013 Harrisburg, PA 17106 -7013 Phone Number: 800 - 237 -7328 X3120 Fax Number: 717- 772 -2273 Contact Person: Roxann Myers E -Mail Address: rmyers(a 1 CREDIT UNION PLACE, HARRISBURG, PA 1 71 10 -2990 800.237.7328 >>psecuxom THIS CREDIT UNION IS FEDERALLY INSURED BY THE NATIONAL CREDIT UNION ADMINISTRATION. EQUAL OPPORTUNITY LENDER. 11•GNRADV•0722 7/11 PSECO EFFECT OF SHERIFF'S SALE - -You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE -You may or XX may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: * TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. * TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. * TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) * TO ASSERT THE NONEXISTENCE OF A DEFAULT. IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. * TO.ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. * TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Since I l oxa a nn Myers Account Advisor 1 CREDIT UNION PLACE, HARRISBURG, PA 171 10-2990 800.337.7348 >>psecu.com THIS CREDIT UNION IS FEDERALLY INSURED BYTHE NATIONAL CREDIT UNION ADMINISTRATION. EQUAL OPPORTUNITY LENDER. 11- GNRADV -0722 7/11 PSECO HEMAP Consumer Credit Counseling Agencies CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY CUMBERLAND County Advantage Credit Counseling Service /CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 888 - 511 -2227 Community Action Commission of Capital Region 1514 Derry Street Harrisburg, PA 17104 717- 232 -9757 Housing Alliance of York/Y Housing Resources 290 West Market Street York, PA 17401 717 - 855 -2752 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 717- 762 -3285 PA Interfaith Community Programs Inc 40 E High Street Gettysburg, PA 17325 717- 334 -1518 PHFA 211 North Front Street Harrisburg, PA 17110 717- 780 -3940 800 - 342 -2397 1 CREDIT UNION PLACE, HARRISBURG, PA 171 10-2990 800.237.7328 >>psecu.com THIS CREDIT UNION IS FEDERALLY INSURED BY THE NATIONAL CREDIT UNION ADMINISTRATION. EQUAL OPPORTUNITY LENDER. 11- GNRADV -0722 7/11 II11111 11 '1.. 1: Ll" -' j � 1+ iv, � 'J1 '�•�,;,, �/ "31 P,,, S E CO P. Box 67013 F rrisburg, PA 17106 -7013 ®" �'` • �•.,1�_ . _b a' 011 Q1? 9u t ADDRESS SERVICE - REQUESTED _ .- 7009 16801 0001 5283 4734 NTXTF T 7 6 P5 ,y 4f0.04./14/h4 RETURN TO _ENDER ` . �. U N Ali U G ; u lJ iZ W A R D ��11 r��± Ec: 1.7106 3 �r5 4— X3.37— Z4Jt' -44 11! f i,,, 1111,, i ,,, „11 „ „I( „11:1l���1 . t c Lu - x a O �OJ I y .r �•I 1 °d P-4 th W °off LL U E o ,�, L° 12 2 1N` �E dE o k,s tXo E2 L yo I ' mO tq hEl.h E '0000 0 997 6002 VERIFICATION PENNSYLVANIA STATE EMPLOYEES CREDIT UNION vs. GENE N. BENNETT and LORRAINE G. BENNETT I, GREGORY DIFFENDERFER, being duly affirmed according to law, depose and say that I am Collection Manager for Pennsylvania State Employees Credit Union; that I am authorized to make this Verification on its behalf and that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information, and belief. To the extent that any of the averments in the foregoing document are based upon the understanding or application of law, I have relied upon counsel in making this Verification. This Verification is made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. -" —1. Date: & 7 & Gregory Diffenderfer FORM 1 f Pennsylvania State Employees Credit IN THE COURT OF COMMON PLEAS OF z' Union CUMBERLAND COUNTY, PENNSYLVANIA -0 ri co 'T t == Plaintiff(s) ) fv1 tV C:3 __1G VS. F — ; �r { Gene N. Bennett and Lorraine G. Bennett Defendant(s) Civil NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in a court - supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer you must take the following steps to be eligible for a conciliation conference. First within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717)243 -9400 extension 2510 or (800) 822 -5288 extension 2510 and request appointment of a legal representative, at no charge to you. Once you have been appointed a legal representative, you must promptly meet with the legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. IF you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully submitted: Date Signature of Counsel for Plaintiff FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your Please provide the following information to the best of your knowledge: CUST OMERIPRIMARY APPLICATIO Borrower name (s): Property Address: City: State: Zip: Is the property for sale? Yes ❑ No ❑ Listing date: Price: $ Realtor Name: Realtor Phone: Borrower Occupied: Yes ❑ No ❑ Mailing Address (if different) City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? C O BORRO Mailing Address: City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? FINANCIAL INF ORMATIO N First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: $ Included Taxes and Insurance: Date of Last Payment: Primary Reason for Default: Is the loan in Bankruptcy? Yes ❑ No ❑ If yes, provide names, location of court, case number & attorney: Asset Amount Owed: Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile #1 : Model: Year: Amount owed: Value: Automobile #2 : Model: Year: Amount owed: Value: Other transportation (automobiles, boats, motorcycles): Model: Year: Amount owed: Value: Monthly Income Name of Employers: 1. Monthly Gross Monthly Net 2. Monthly Gross Monthly Net 3. Monthly Gross Monthly Net Additional Income Description (not wages): 1. Monthly Amount: 2. Monthly Amount: Borrower Pay Days: Co- Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2 Mortgage Utilities Car Payment(s) Condo /Neigh. Fees Auto Insurance Med. (not covered) Auto fuel /repairs Other Prop. Payment Install. Loan Payment Cable TV Child Support/Alim. Spending Money Day /Child Care /Tuft. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income and Expenses: Have you been working with a Housing Counseling Agency? Yes ❑ No ❑ If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax: Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ❑ No ❑ If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Please provide the following information, if know, regarding your lender or lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: AUTH I/We, authorize the above named to use /refer this information to my lender /servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I /we understand that [/we am /are under no obligation to use the services provided by the above named Borrower Signature Date Borrower Signature Date Please forward this document along with the following information to lender and lender counsel: V Proof on income V Past 2 bank statements V Proof of any expected income for the last 45 days V Copy of a current utility bill V Letter explaining reason for delinquency and any supporting documentation V (hardship letter) Listing agreement (if property is currently on the market) V Copy of 2 years of federal income tax returns V Copy of deed FORM 3 Pennsylvania State Employees IN THE COURT OF COMMON PLEAS OF Credit Union CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) vs. Gene N. Bennett and Lorraine G. Bennett 0 Defendant(s) Civil REQUEST FOR CONCILIATION CONFERENCE Pursuant to the Administrative Order dated ' 2012 governing the Cumberland County Residential Mortgage Foreclosure Diversion Program, the undersigned hereby certifies as follows: 1. Defendant is the owner of the real property which is the subject of this mortgage foreclosure action; 2. Defendant lives in the subject real property, which is defendant's primary residence; 3. Defendant has been served with a "Notice of Residential Mortgage Foreclosure Diversion Program: and has taken all of the steps required in that Notice to be eligible to participate in a court - supervised conciliation conference. The undersigned verifies that the statements made herein are true and correct. I understand that statements are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Signature of Defendant's Counsel /Appointed Date Legal Representative Signature of Defendant Date Signature of Defendant Date FORM 4 Pennsylvania State Employees IN THE COURT OF COMMON PLEAS OF Credit Union CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) VS. Gene N. Bennett and Lorraine G. Bennett Defendant(s) Civil CASE MANAGEMENT ORDER AND NOW, this day of , 20 , the defendant /borrower in the above - captioned residential mortgage foreclosure action having filed a Request for Conciliation Conference verifying that the defendant /borrower has complied with the Administrative Rule requirements for the scheduling of a Conciliation Conference, it is hereby ORDERED AND DECREED that: 1. The parties and their counsel are directed to participate in a court- supervised conciliation Conference on at . M. in at the Cumberland County Courthouse, Carlisle, Pennsylvania. 2. At least twenty -one (21) days prior to the date of the Conciliation Conference, the defendant /borrower must serve upon the Plaintiff /lender and its counsel a copy of the "Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet" (Form 2) which has been completed by the defendant /borrower. Upon agreement of the parties in writing or at the discretion of the Court, the Conciliation Conference ordered may be rescheduled to a later date and /or the date upon which service of the completed Form 2 is to be made may be extended. Upon notice to the Court of the defendant /borrower's failure to serve the completed Form 2 with the time frame set forth herein or such other date as agreed upon by the parties in writing or ordered by the Court, the case shall be removed from the Conciliation Conference schedule and the temporary stay of proceedings shall be terminated. 3. The defendant /borrower and counsel for the parties must attend the Conciliation Conference in person and an authorized representative of the plaintiff /lender must either attend the Conciliation Conference in person or be available by telephone during the course of the Conciliation Conference. The representative of the plaintiff /lender who participates in the Conciliation Conference must possess the actual authority to reach a mutually acceptable resolution, and counsel for the plaintiff /lender must discuss resolution proposals with the authorized representative in advance of the Conciliation Conference. If the duly authorized representative of the plaintiff /lender is not available by telephone during the Conciliation Conference, the court will schedule another Conciliation Conference and require the personal attendance of the authorized representative of the plaintiff /lender at the rescheduled Conciliation Conference 4. At the Conciliation Conference, the parties and their counsel shall be prepared to discuss and explore all available resolution options which shall include: bringing the mortgage current through a reinstatement; paying off the mortgage; proposing a forbearance agreement or repayment plan to bring the account current over time; agreeing to tender a monetary payment and to vacate in the near future in exchange for not contesting the matter; offering the lender a deed in lieu of foreclosure; entering into a loan modification or a reverse mortgage; paying the mortgage default over sixty months; and the institution of bankruptcy proceedings. 5. All proceedings in this matter are stayed pending the completion of the scheduled conciliation conference. BY THE COURT, J. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson , -$r'c: Sheriff �`�`�".`� `�` ``3� �}` ,attkr 6 rdlda+efj ;i I I`VE P"2 I� ON0 ir�:it�`" Jody S smith Chief Deputy i3 JUL 26 AM ( i= Richard W Stewart Solicitor W: „ 1� CUMBERLAND COUNTY PENNSYLVANIA Pennsylvania State Employees Credit Union Case Number VS. 2013-3680 Gene N Bennett(et al.) SHERIFF'S RETURN OF SERVICE 07/01/2013 08:20 PM-Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Gene N Bennett, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint&Notice as"Not Found"at 703 Erford Road, East Pennsboro, Camp Hill, PA 17011. Deputies were notified by a neighbor that the roof collapsed in November and the residence is now vacant. 07/01/2013 08:20 PM-Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Lorraine G Bennett, but was unable to locate the Defendant in his bailiwick.The Sheriff therefore returns the within requested Complaint&Notice as"Not Found"at 703 Erford Road, East Pennsboro, Camp Hill, PA 17011. Deputies were notified by a neighbor that the roof collapsed in November and the residence is now vacant. 07/17/2013 09:07 PM-Deputy Jeff Koiodzi, being duly sworn according to law, served the requested Complaint& Notice by handing a true copy to a person representing themselves to be Gene Bennett husband,who accepted as"Adult Person in Charge"for Lorraine G Bennett at 236 Bosler Ave. Floor 2, Lemoyne Borough, Lemoyne, PA 17043. JEF O ODZI, DEPUTY 07/17/2013 09:07 PM-Deputy Jeff Koiodzi, being duly sworn according to law, served the requested Complaint& Notice by"personally"handing a true copy to a person representing themselves to be the Defendant,to wit: Gene N Bennett at 236 Bosler Ave. Floor 2, Lemoyne Borough, Lemo ne, PA 1704 J F K LODZI, D PUTY SHERIFF COST: $79.03 SO ANSWERS, July 18,2013 RONN R ANDERSON, SHERIFF (e)CauntySuite Sheriff,Teleasoft,lne. ri E0 r AR`r' 213 SE?23 P �: la rUl , 3 PENNSYN A 0(1 Pd}AN rY BARLEY SNYDER Shawn M. Long, Esquire Court I.D. No. 83774 126 E. King Street Lancaster, PA 17602 Attorneys for Plaintiff 717.299.5201 Pennsylvania State Employees Credit Union PENNSYLVANIA STATE EMPLOYEES COURT OF COMMON PLEAS OF CREDIT UNION, CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA CIVIL ACTION—MORTGAGE v. FORECLOSURE GENE N. BENNETT and No. 13-3680 CIVIL LORRAINE G. BENNETT, Defendants PRAECIPE FOR JUDGMENT Enter Judgment in favor of Plaintiff, Pennsylvania State Employees Credit Union against Defendants, Gene N. Bennett and Lorraine G. Bennett for want of an answer: ® Assess damages as follows: Principal Balance $31,766.26 Interest through 04/23/13 at a rate of$2.39 per diem 325.48 Late Charges 0.00 Other Bank Fees 50.50 Attorneys' Fees 3,000.00 Total $35,142.24 VA,,* C S31 4053569-1 FP4-$9 jCISCI?6I /06.; plus continuing interest after April 23, 2013 at a rate of$2.39 per diem, plus continuing late charges and costs. Fl I certify that the foregoing assessment of damages is for specified amounts alleged to be due in the complaint and is calculable as a sum certain from the complaint. ❑ Pursuant to Pa. R.C.P. §237 (notice of praecipe for final judgment or decree), I certify that a copy of this praecipe has been mailed to each other party who has appeared in the action or to his/her Attorney of Record. ® Pursuant to Pa. R.C.P. §237.5, I certify that written notice of the intention to file this praecipe was mailed or delivered to the party against whom judgment is to be entered and to his/her Attorney of Record, if any, after the default occurred and at least ten days prior to the date of the filing of this praecipe and a copy of the notice is attached. BARLEY SNYDER Date: 1 1 ( 13 By: Addigkmage hawn M. Long, Esquire Attorneys for Plaintiff Pennsylvania State ployees Credit Union 126 E. King Street Lancaster, PA 17602 717.299.5201 NOW, SLYA �� JUDGMENT IS EN RED A E VA/14/ Prothonotary/Clerk, Civil Division By: , Deputy 4053569-1 No. 13-3680 CIVIL BARLEY SNYDER Shawn M. Long, Esquire Court I.D. No. 83774 126 E. King Street Lancaster, PA 17602 Attorneys for Plaintiff 717.299.5201 Pennsylvania State Employees Credit Union PENNSYLVANIA STATE EMPLOYEES COURT OF COMMON PLEAS OF CREDIT UNION, CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA CIVIL ACTION—MORTGAGE v. FORECLOSURE GENE N. BENNETT and No. 13-3680 CIVIL LORRAINE G. BENNETT, Defendants TO: Gene N. Bennett 236 Bosler Avenue, Floor 2 Lemoyne, Pennsylvania 17043 Lorraine G. Bennett 236 Bosler Avenue, Floor 2 Lemoyne, Pennsylvania 17043 DATE OF NOTICE: August 28, 2013 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. 4042943-1 No. 13-3680 CIVIL • IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED OR NO FEE: Cumberland County Bar Association 32 S. Bedford St. Carlisle, PA 17013 Telephone: (717) 249-3166 USTED ESTA EN REBELDIA PORQUE HA FALLADO DE REGISTRAR COMPARECENCIA ESCRITA POR SI MISMO 0 A TRAVES DE UN ABORGADO Y SOMETER CON LA CORTE SUS DEFENSAS U OBJECCIONES A LOS CARGOS QUE SE HAN PRESENTADO CONTRA USTED. A MENOS QUE USTED ACTUE DENTRO DE DIEZ DIAS DE HABER RECIBIDO ESTE AVISO, LA CORTE PUEDE TOMAR UNA DECISION EN CONTRA SUVA SIN TENER DERECHOS A UNA VISTA Y USTED PUEDE PERDER SU PROPIEDAD U OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME 0 VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 32 S. Bedford St. Carlisle, PA 17013 Telephone: (717) 249-3166 BARLEY SNYDER v20, °13 B Date: Carl' y: Shawn M. Long, Esquire Keith Mooney, Esquire Attorneys for Plaintiff Pennsylvania State Employees Credit Union Court I.D. No. 83774 126 E. King Street Lancaster, PA 17602 717.299.5201 4042943-1 BARLEY SNYDER Shawn M. Long, Esquire Court I.D. No. 83774 126 E. King Street Lancaster, PA 17602 Attorneys for Plaintiff 717.299.5201 Pennsylvania State Employees Credit Union PENNSYLVANIA STATE EMPLOYEES COURT OF COMMON PLEAS OF CREDIT UNION, CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA CIVIL ACTION—MORTGAGE v. FORECLOSURE GENE N. BENNETT and No. 13-3680 Civil LORRAINE G. BENNETT, Defendants AFFIDAVIT OF SERVICE Colleen Brelje, doth depose and say that she served a true and correct copy of the 10-day Default Notice upon Gene N. Bennett, 236 Bosler Avenue, Fl 2, Lemoyne, Pennsylvania 17043 and Lorraine G. Bennett, 236 Bosler Avenue, Fl 2, Lemoyne, Pennsylvania 17043 by mailing the same to them, by first class mail with Postal Form 3817 attached on August 28, 2013. The statements set forth in this Affidavit are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: September 18, 2013 BARLEY SNYDER By: Colleen Brelje, Paralegal 50 North Fifth Street, 2nd Floor P.O. Box 942 Reading, PA 19603 610.376.6651 4034505-1 mr!... UNITED STATES Certificate Of ,Tn nay fee,affix stamps or POSTAL SERVICE. Mail 7_ „ThisisfonncertifimclytebeoftledaitingforpdomesucrovidesevidenceandintemathationatmaLhasilbeen presented to uses74.0:nu From Barley Snyder(CKB) . , . 50 North 5th Street ritb ..:40 v P.O. Box 942 V ,...., Reading, PA 19603 4 .. To ' laTarilinaMMIF O. ii17/1 .1 ,.... 4 .g6c1 ;' LQ/4 S ' i 2. LarY10 y_O, eA- )7043 PS Form 3817,April 2007 PSN 7530-02-000-9065 ... \...., -,-i- / UNITED STATES CertificE PP-- POSTAL SERVICE. M; a) - This Certificate of Mailing provides evidence that mail has been presented to USPSOD f This form may be used for domestic and international mail. 0 "-- CDFrom: Barley Snyder(CKB) Tt. 111 50 North 5th Street P.O. Box 942 Reading, PA 196(15 "Ct. , ta cs.: - 3 To' PKOMIFil WM0' I _ „„,, co ci., :„ vi r‘i -3 .• ,... - cK 234 &LI(Leivrm et. ,?-. Lervio,r, vh- inws PS Form 3817,April 2007 PSN 7530-02-000-9065 , C BARLEY SNYDER Shawn M.Long, Esquire Court I.D. No. 83774 126 E. King Street Lancaster,PA 17602 Attorneys for Plaintiff 717.299.5201 Pennsylvania State Employees Credit Union PENNSYLVANIA STATE EMPLOYEES COURT OF COMMON PLEAS OF CREDIT UNION, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION—MORTGAGE FORECLOSURE v. GENE N. BENNETT and No. 13-3680 CIVIL LORRAINE G. BENNETT, Defendants AFFIDAVIT THAT THE DEFENDANT IS NOT IN THE MILITARY SERVICE, PURSUANT TO "SOLDIERS AND SAILORS" CIVIL RELIEF ACT OF 1918,RE-ENACTED 1940 The undersigned, Shawn M. Long, Esquire, doth depose and say that Gene N. Bennett and Lorraine G. Bennett, Defendants are not in the Military or Naval Service, based on the following facts: Age of defendant is unknown; Present place of employment is unknown; Present place of Residence of Gene N. Bennett is 703 Erford Road, Camp Hill, Pennsylvania 17011-1126; Present place of Residence of Lorraine G. Bennett is 703 Erford Road, Camp Hill, Pennsylvania 17011- 1126, as of the date of this affidavit. ADDITIONAL FACTS, if any, Affidavit based upon representations of Plaintiff. The statements set forth in this Affidavit are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. BARLEY S , ER Dated: q 11'1 Shawn M. Long, E uire Attorneys for Pl ntiff Attorney I.D. 83774 Pennsylvania State Employees Credit Union 126 E. King Street Lancaster, PA 17602 717.299.5201 4053569-1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY OFFICE OF THE PROTHONOTARY CARLISLE, PA TO: Gene N. Bennet and Lorraine G. Bennett Defendants YOU ARE HEREBY NOTIFIED that Pennsylvania State Employees Credit Union has caused a judgment by default to be entered against you with the Prothonotary of Cumberland County. The judgment was entered on y/.t 3 1 /3 , to No. 13-3680 CIVIL with the Court of Common Pleas of Cumberland County- Civil Division. The judgment is in the amount of$35,142.24, plus interest at the rate of$2.39 per diem from April 23, 2013, costs of this action. PROTHONOTARY il, 7t:. By: 414 C:7:,.-.-.» +g:;;. . Deputy Clerk 4053574-1