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HomeMy WebLinkAbout13-7075 Supreme Court �Comftn of Pennsylvania Cour 314vil'Covefh o Pleas A ° \ ' For UseOnl r Sheet o' y� j T CumbeCla d:� °r�` =A _ i County Docket No: �T 13 - 7675 0 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 11 Writ of Summons ❑ Petition El Notice of Appeal ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking E C Lead Plaintiffs Name: Lead Defendant's Name: T Members 1 st Federal Credit Union Thomas J. Kleman a /k/a Thomas Joseph Kleman I ❑ Check here if you are a Self- Represented (Pro Se) Litigant U Name of Plaintiff /Appellant's Attorney: Karl M. Ledebonm, esg. N Are money damages requested? : NYes ❑ No Dollar Amount Requested: within arbitration limits A (Check one) x outside arbitration limits Is this a Class Action Suit? ❑ Yes O No 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 ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections ❑ Nuisance ❑ Dept. of Transportation ❑ Premises Liability ❑ Zoning Board S ❑ Product Liability (does not include ❑ Statutory Appeal: Other E mass tort) ❑ Employment Dispute: ❑ Slander/Libell Defamation Discrimination C ❑ Other: ❑ Employment Dispute: Other T Judicial Appeals ❑ MDJ - Landlord/Tenant I ❑ Other: ❑ MDJ - Money Judgment O MASS TORT ❑ Other: ❑ Asbestos N ❑ Tobacco ❑ Toxic Tort - DES ❑ Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste ❑ Ejectment ❑ Common Law /Statutory Arbitration B ❑ Other: ❑ Eminent Domain /Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus ❑ Landlord/Tenant Dispute ❑ Non- Domestic Relations 99 Mortgage Foreclosure Restraining Order PROFESSIONAL LIABLITY ❑ Partition ❑ Quo Warranto ❑ Dental ❑ Quiet Title ❑ Replevin ❑ Legal ❑ Medical ❑ Other: ❑ Other: ❑ Other Professional: Pa.R.GP. 205.5 212010 - GFFIC}- OF THE PROTHONOTARV 201'1 N,0 v' 27 Psi 2 : .I 0 CUMBERLANO COUNTY PENNSYLVANIA Karl A Ledebohm, Esquire P.O. Box 173 New Cumberland, PA 17070 -0173 (717)938 -6929 MEMBERS 1s FEDERAL IN THE COURT OF COMMON PLEAS CREDIT UNION CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF Vs. NO.: 13— 101-5 THOMAS J. KLEMAN. CIVIL ACTION — LAW a/k/a THOMAS JOSEPH KLEMAN 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, 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 O FEE. 103. '75 01) A`MI e� aoaq 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 -0173 (717) 938 -6929 MEMBERS 1 ST FEDERAL IN THE COURT OF COMMON PLEAS CREDIT UNION CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF Vs. NO.: THOMAS J. KLEMAN a/k/a THOMAS JOSEPH KLEMAN DEFENDANT : CIVIL ACTION - LAW- MORTGAGE :FORECLOSURE COMPLAINT AND NOW, comes Members 1 St Federal Credit Union, the Plaintiff in the above captioned matter, by and through its attorney Karl M. Ledebohm, Esquire, and makes the following complaint: 1. Plaintiff, Members 1 St Federal Credit Union ( "Members 1 is a National Federal Credit Union having a principal address of 5000 Louise Drive, Mechanicsburg, PA 17055. 2. Defendant, Thomas J. Kleman a/k/a Thomas Joseph Kleman, ( "Defendant "), 1 is an adult individual having a last known address of 39 Main Street, Locust Gap, PA 17840. 3. On or about August 11, 2006, Defendant borrowed from and agreed to repay to Members 1 St TWO HUNDRED THIRTY THOUSAND AND 00 /100 ($230,000.00) dollars (the "Loan "). The Loan is evidenced by a Closed -End Note, Disclosure, Loan and Security Agreement dated August 11, 2006 (the "Note ") executed and delivered to Members 1 St by Defendant. A copy of the Note is attached hereto as Exhibit "A" and made part hereof. 4. As security for the Loan, Defendant executed and delivered to Members 1 St a mortgage ( "Mortgage ") on all that certain real estate and improvements erected thereon situate in the Hampden Township, Cumberland County, Pennsylvania, known and numbered as 912 Willcliff Drive, Mechanicsburg, PA 17050 (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 August 30, 2006, the Mortgage was recorded in the Cumberland County Recorder of Deeds Office at Mortgage Book 1967, Page 1077. A true and correct copy of the Mortgage is attached hereto as Exhibit "C" and made part hereof. 6. The Mortgage has never been assigned by Members 1" and is still held by it as a valid and subsisting obligation of Defendant. 7. Pursuant to the terms and conditions of the Note, Defendant agreed to pay to Members 1 St monthly installments of principal and interest in the amount of at 2 least $1,993.19, beginning on September 6, 2006 and continuing on or before the sixth (6t") of each month thereafter. 8. Defendant is in default of his obligations under the Note and the Mortgage as a result of Defendant's failure to make the monthly payments due to Plaintiff as set forth therein in the amount of $1,993.19 for June 6, 2013 through November 6, 2013, as more particularly described, in part, in the Act 91 Notice attached hereto as exhibit "D" and made part hereof. 9. As a result of Defendant's defaults, Members 1 st caused to be given written notice of its intent to foreclose Pursuant to the Act of January 30, 1974, P.L. 13, No. 6, 41 P.S. section 101, et. seq., ( "Act 6 ") and in particular section 403 thereof, and of Defendant's rights in accordance with the Homeowners' Emergency Mortgage Assistance Act, Act of December 23, 1983, P.L. 385, No 91, 35 P.S. Section 1680.401(c), et. seq. ( "Act 91 "), by letter dated August 27, 2013, addressed to Defendant at Defendant's last known address set forth in paragraph 2 above and the Property via certified mail, return receipt requested. A copy of the said notices is attached hereto as Exhibit "D" and made part hereof. 10. Simultaneously, Members 1 St caused to be forwarded to Defendant the same Notices addressed to Defendant at the same addresses as set forth in paragraph 9 above (the "Notices ") by United States mail, first class, postage prepaid, bearing the return address of Members 1 The Notices forwarded to Defendants in said manner have not been returned to the offices of Members 1 St as undeliverable or otherwise. 3 11. Members 1 St received a notice from Pennsylvania Housing and Finance Agency dated November 12, 2013 that Defendant's application for a HEMAP loan has been denied. A copy of the said notice is attached hereto as Exhibit "E" and made part hereof. 12. Defendant is indebted to Members I under the Mortgage and the Note in the amount of TWO HUNDRED FOUR THOUSAND FOUR HUNDRED TWENTY -SIX AND 37/100 ($204,426.37) dollars itemized as follows: a. Outstanding principal $193,845.54 b. Interest to November 26, 2013 8,882.53 c. Late Fees 498.30 d. Attorney's fees 1,200.00 e. Total due to Members 1 St $204,426.37 13. Defendant also agreed under the terms and conditions of the Note that in the event of default there under Defendant would pay, in addition to the amounts set forth in paragraph 12 above, costs incurred by Members 1 st as a result of the institution and prosecution of these legal proceedings. 14. The obligation owed to Members 1 st continues to accrue interest at the rate of $45.0890 per day through the date of payment and continues to accrue attorney's fees and costs. 15. Members 1 St is not seeking a judgment of personal liability (or an in personam judgment) against Defendant(s); however, Members 1 St reserves the right to bring a separate action to establish that right, if such right exists. If one or more of Defendants have received a discharge of personal liability in a 4 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 I 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 such amounts to Members 1 Sc WHEREFORE, Plaintiff, Members 1 St Federal Credit Union, demands judgment, IN REM, against Defendant, Thomas J. Kleman a /k/a Thomas Joseph Kleman, in the amount of TWO HUNDRED FOUR THOUSAND FOUR HUNDRED TWENTY - SIX AND 37/100 ($204,426.37) DOLLARS plus interest at the rate of $45.0890 per day, through the date of judgment entered on this complaint, and at the legal rate thereafter until the date of payment, additional attorney's fees and costs of suit as well as other costs and charges collectable under the Mortgage, and for foreclosure and sale of the mortgaged property to constitute a judicial sale of the premises. Respectfully submitted, Date: Karl M. Ledebohm, Esq. Supreme Court ID # : 59012 P.O. Box 173 New Cumberland, PA 17070 -0173 (717)938-6929 Attorney for Plaintiff 5 CLt)!ED -END NOTE D18CLpSURH, 1 St (Z,� C�jjLl A .R M NT 60001AU+e8 ooaaaAClraxANEANDA11oR8ae Meohanllraburg. PA 17055 THOMAS J KLEMAN 12VYI �FOR._ Mmrw�me�iealP A0tot1✓r •.,ue .EE 1 U 7 . t'oW R1t:ly,ER'B ewdE a4 pPW 7Ja0l4rl AN ttFA th1ER S A X FIXBD VAwAOLE El ANNUALPERCENTAOE FiNANCECHARQE: Amount Financed. Do amount of Total atPOymotda: The amount RATE: The coal of your craw as a The 1lollar a mount the omall ml Credit P(ovjd6d to you of on your you 4.01 hove pall after you have yearly rote. 0051 you. behalf, made all payments es 30edut6d. 6,40 % 0 f 248,30111 e f 230,000.E 4 f 478 383.11 Vadahb I yourtoon hill aYtnobb rate DaIn* Atsd above am AnnualPoreMlaOORS11 may kWomduAnaIf tetetradDOTtlaecsdlon QndIt%)0 npea,Thb sredit UAW VIA emarylnW wDro 6roaa Vahs.TM rata YAa chance maMiyoM1 ter Mtday aline marsh. The rate wq rdwar be Mahor ewn ale medmum rmo MOwed by bN, tlnd l w10 nova tea Ian than . Any Intsrotl new Inawses *W maul In main paymenb of DII some wRounl. For EXNrytW, V yaw bra Wan for 16,000 at 16% p148 lMhN7 era the AtYMI Pltaanbpo RIB to crea led by 2% after one year, to Wo of you( loan woLW Ihmase by two mOn timeR ►te'"rhaeAa btaro npa a110 your ban: apr yw mpU mhp peym _ you • AvtYow �PERCENi rt -- M il dl,ro�imisd b 7ha ANNUAL. PERCENTAGE W l n wile a d en u p your CTRAa*b jI Ow Aatorn[bo Payment D11CO11l1ba Rote. ThN n.. I lnvaale by.2a % Oaafe the atdemelie pa yoW ypr __ ROENFAOE RATE OoaN C0Y ss opo �o TnO eo m" and yw aiio Uw wlo psy mM err"V emeent a Ywoe e b 10 % Me 8na In 1 dd0w f pa n~ OW. In ywr Retail o % lo VarYbN Rau PreNrtaO Lmn1, Ityonr lmm b a vadabl4 rob tail Ilnd yaV qu1eBl• for a pretsmd ilia, yaw prlNrtOd adaount h tek0n of N Umo yvu take out lo,n TNe WualpnNOId ANNUAL PERCENTAGE RATE WtI Iron vary stcordrgb< fisrasTbNalndm lu dltiosed above). Fare.,rmk Navodade rets beds Ink) et ANNUM. PERCENTAGE FATE N ti% el0a erne you teko No Ioar4 your Ida prelert ANNUAL PER ENTACTE GATE MI bo WA%. Pour H11A preNrtaO ANNUAL PERCENTAGH FATE vd0 Mn tray eCCdrdnp to 1 ladex, a dladoletl In 1M'Vade6ls Rata• pmullbn above. find Rau Profernd Leona, If your boa b A Ikad taro loan and you qusAry Fm ■ pr11 rata, ywr ANNUAL PERCENTAGE RATE wl0 be the plofenaa ANNUAL PERCENTAGE FATE dbdatOd — for ea loop as To ol pfol4a0d TiatW fstMltR to e8oq, Humhar Psymarua Amount PaymantA PAM"IFmquanry When Paym"to An Duo ropenainr0aumranrnM You moY Oblaln b0roe6aocrfC o . 230 l��he p bnA You gycl lho/ OS co frornho a lD 51083.10 MCnfhly • Be0umh 09f0B12006 adu I w.til Ate cc 1 61000,70 FIMIDue•On 001MO20 $NIA SovAt sec pp outer town Won ow CM &I ap'poadaaArap041 oowr et/ otw nGel0d1 ban, YW am chip o uc Wotan In D bNnp purdl■[od a(Decolaer your IMn trpp a aMkc roe 6 wdovyo.n end: x qu Do Itryod � Na ota9 Sa y man rrotloko Mlo ow u YourysyWad di(m Calinoeop �fiotY do" sll Fewl sNlAabO lnaunnel: A [Mil nprym en 1 K 1 e a /.se n pitplymmtn to I...GI.. ITE AMOU FINA CEO S 230,000.00 Amount Palo to otherson your behalf (Desatbe) AMOUNT GIVENTO YOU DIRECTLY 3 3 1,674,0s VA T eattu/ 61403)m ToWSC"R $000 To Ir.We Lit 617,4u.00 TO CHAsa AMOUNT PAIDON YOUR ACCOUNT$ 44,173,07 6e,e3om ToOEHI K Stn, » /m TOaXOfAMER 611, L00 To CHAS $0.00 T o FI.1 PREPAID FINANCE CHANGE 3 0,00 S b To AraldeobNm 6 To AM861AM WDEL SECURITY INFORMATION NUMBE YYPF V ALUE OTHER (Deacribar 012 WILLOUFF OR MECHANICSBURG PA 17050 You Plooge res AM OUPT ATcOLINTINUMBER AMOUNT ACCOUHTNUMBER 0.tWllxOapoaEaat 6 i Yw tpre0 Pat Dw Ilmta arldsardllCnsTVee drtlaawe aWlemard and Ile bee mid Iotdrmy apmemMis bwW0 on papa 7 W ads 11MUM t anal apply i7012 Loan, n Ihara N more aa I 0 ono b000a1t. W► "M 0wI46 tha con011Wm of alslom Ind IoNdly agraamftfU pwerntnp i d/ low abLO appppryty b both jabey lad aeW raft. Yw adVW.W0a Dw1 You have rec" a Copy oI N 104A and yeumy aybeemams and dlWoalae matemenl 0041"m: IT you on OWN Ia bat4iQlm, you aeanlm4odp6 M" of Me nodm to oo4VW 0410211d on pno 2. ONA OATH C EI 'OTHER N R OATS X ISM) — /, (SEAL) ❑ COAAXER V 0 'O THER OWNER q - CO- SIGNER DATE 0 CO•M XW 0 . OTHER OWNER O "00.61ONER DATE X (SHAT.) (SEAL) X 06 -0 ❑•OTHER OWNER 0••CO-SIGNER (B�TE X C0401AXE.R p'OTHER OWNER p'•CO-SIONE,R (SEAL • 9TtnA ewe[b4 pAw MOPY1V1t[tw•,ff//wtt•ttyar Y+N[tlrNwww[t•d� Npwu wn�,wblY..gaf•Fr•ol q an MKMn„W.b,s11,A ntal,er,wna IYTrtlal bw,�Ib W maa,ra � q.WtlrlM 4.[�Ly Aa,we�i "CD41dna.`tlpn lawn a• e.m wte..trltta u,+..+vw IgT,�u a.,.Iwt•.wa.dwr tt,lw Iota dr wn, tea TM rnTnfn Tir. A.aJnN tdMtN p pl [aW IRn,N,t N„Mrf ► APPLICATION FOR GROUP CREDIT INSURANCE itw. ter cn om+o[ tq lwala lbw w+e ap[ bpq n. dpft�wn. rw an m�/u. patlyr aw miler rm uu [vvgp�N an. 1 anp d arn of adl nYONnpryIM natf4uWGN pMrboblud N041tdW IIIMIrM InrNntNa[11�trM.1 (x1)undeN[,3 NNd 1N h1m[nb Y[IrtIM,M Tun el NaaeMOAawM •ndtr /b•ri, yaawl oo.ilvn.n. •Ta w,erdpl aNm lapbw lahrw«w, vAi CQ(.yt>II.�ANT IMI vallanwlly Lm 1be *,mw mdN4t — im my (*on t001binty fe rant ' 1. ppfpNOnan ln/..nn•w.«.q atbt wa yea auw.r.p. toy0,a ta,taA.oammcy a.rdpu n[0y !. yyt*atgwm[abgonxtq.vM NYlyeabunOtr 1pl TO Ta lh—htleitd mans Q1ge butMDln oNdat yyppvv Meow Nrwplsapott ter 7o noun ormna ptrvewk vd arm by[oevta�ptN iO aTyl arrtan Wan Ob M[T� ❑ 19 ❑ ❑x nliawA aylm wTlw[wd11 s11M NawNnega .wipnm•YtrlMlntettl`Mttp n /ntTma. taalldpl/• i pyatp aN rN�y�t�h�v[yoo ( ►r N td.(ITd [ fp w � r uanr tt k[d NaowesryMlryda/[w,IbLa, ❑ xn ntlgib,AOaob[I O[4lrngt autw N boost It ao-1 walara++r bTtm wwObppe s4lNt �v[ o�[ ay a�q pm �, p[nnr rotApN[bnlaronw and Tirol a[�rMW ary W�w'TAaNai annr Y[Y'ppwiaM'7.w [MlnwTa NnMta1WN fwrrvnnn Wbm[TOaAaN[[n[anpilAO. ly [a�tpd�71,Rl1lrq tlne(0n 11p NW1��NMrM Me tOnfA 1a w}l�eb1T1,1 y��qd lMta lwW wdlrlWdtn�lgwillM•talep[P�r Oawr e[bnaewt 4l ♦ppM[Ibn ftlOtN{np Mb[A i{Iry[Lp y /WIPptJ[M beMlndryl d4W ta ae M itlynarorpar1y ppeaa/ li 11I.tw9.j4pryD'Abol �M. . [0awhd lnlmNN[IIMIIta nlnYllal rr [aE1GM1a1WM1[[tt,, i HI'AlPlbybmnNMlltyt•Hdd, th. dtbtN 6n M1*1V*d2yOd#%dlh•IPp1 Ronitdo0o", e(.sQeM[Iea� Ir 11a111WbHIn Mal not at v/M ImtetuafllP /IInbM1 CREDRINSURANCEAPPUMFOR1 NOTE. ONLY ONE APPLICANT MAY APPLY FOR DISAOILI VCOVERAGE, ❑ Yea 0 No Single cmoft wo Total Premium 91 Yoe ❑ No Credlt Cisobiny Total Premium ❑ Yes ❑x No Joint Cledil Life Indamid wth r"kaNDY ❑ Applkerd❑ COADpkaw : 60.00 Ind;*IovhIM OppDOMb(q: E) AppOUnt❑ CC- APOMI: 0,00 Yuan nvtaitf wNbrott Nmsn Irr v.NVit ea.ret bbdnrOwoM tpatlVrn _ J AP 1 BIGNATU DATE OF GIRTH GATE C C, SIOIA OATEO BIRTH 0AIE X -o x WIN DAYE SECONDARY BENEFICWiY(APPUCANTi SECONDARY BENEFICIARY(COJWPLIGWT) M11CAFtiw] /A VAC-9147w11 LA4OLNWN F.43Mq- 1001 ,a...,, [.,1a COFYre61R TM tluatltw Mild CMPtNll.bm Ntd{Abrm i Exhibit "A» ALL THAT CERTAIN tract or parcel of land situate in Hampden Township, Cumberland County, Pennsylvania, more particularly bound and described as follows, to wit, BEGINNING at a point on the eastern line of Willcliff Drive (50 feet wide), which point is 297 feet measured southwardly along said line of Willcliff Drive from the southernmost line of Ridgeland Boulevard and which point is on the dividing line of Lots Nos. 19 and 20 on the hereinafter mentioned Plan of Lots; thence North 83 degrees East along said dividing line, a distance of 150 feet to a point; thence South 07 degrees 00 minutes East, a distance of 96 feet to a point in the line dividing Lots Nos. 18 and 19 on said Plan; thence South 83 degrees West along the last said dividing line, a distance of 150 feet to a point in the eastern line of Willcliff Drive; thence North 07 degrees 00 minutes West along said line of Willcliff Drive, a distance of 96 feet to a point, the place of BEGINNING. BEING Lot No. J9 as shown on Plan. No. 2 Ridgaland Farms, which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 12, Page 48, Known and numbered as 912 Willcliff Drive, Mechanicsburg, PA 17050. Being the same premises which Donna R. Epting and Thomas J. Kleman, by their deed dated July 21, 2006 and recorded in the Cumberland County Recorder of Deeds Office at Deed Book 276, Pagee 2032 granted and conveyed onto Thomas J. Kleman. Being Tax Parcel No.: 10 -17- 1035 -089 Exhibit "B 31 7V Prepared By: Members 1st FCU ZOUREC R 5000 Louise Drive D Mechanicsburg, PA 17055 - PA Return To: Members 1st FCU 4 Real Estate Department 5000 Louise Drive Mechanicsburg, PA 17055 (717795 -6026, � nr MORTGAGE —° c-0 Made 08/11/2006 t �> M Between -i rn rn THO" 7KLEMAN C.4 U?> era na er c ortgagor' And MEMBERS 1" FEDERAL CREDIT UNION (hereinafter called "Mortgagee") Whereas, Mortgagor has executed and delivered to Mortgagee a certain Mortgage Note (hereinafter called the "Note ") of even date herewith, payable to the order of Mortgagee in the principal sum of $ 230 000.00 lawful money of the United States of America, and has provided therein for payment of any additional moneys loaned or advanced thereunder by Mortgagee, together with interest thereon at the rate provided in the Note, in the manner and at the times therein set forth, and i containing certain other terms and conditions, all of which are specifically incorporated herein by reference; Now, Therefore, Mortgagor, in consideration of said debt or principal stun and as security for the payment of the same and interest as aforesaid, together with all other sums payable hereunder or under the terms of the Note, does grant and convey unto Mortgagee, All that certain property of the Mortgagor located in HAMPDEN TOWNSHIP �& aunhexlarid County, Pennsylvania Schedule "A" Attached which currently has the address of 912 WILLCLIFF DR [Street] Mechanicsburg Pennsylvania 17050 [city] LZip Code] i Aca llo Anr 1n Page 1 of BK!964PB1077 Exhibit "C" Together with the buildings and improvements erected thereon, the appurtenances thereunto belonging and the reversions, remainders, rents, issues and profits thereof. To Have and To Hold the same unto Mortgagee, its successors and assigns, forever. Provided, However, That if Mortgagor shall pay to Mortgagee the aforesaid debt or principal sum, including additional loans or advances and all other sums payable by Mortgagor to Mortgageo hereunder and under the terms of the Note, together with interest thereon, and shall keep nd perfo each of the other covenants, conditions and agreements hereinafter set forth, then this Mortgage perform each and the estate hereby granted and conveyed shall become void. This Mortgage is executed and delivered subject to the following covenants, conditions and agreements: (1) The Note secured hereby shall evidence and this Mortgage shall cover and be security for any future loans or advances that m)iy be made by Mortgagee to Mortgagor at any time or times hereafter and intended by Mortgagor and Mortgagee to be so evidenced and secured, and such loatrs and advances shall be added to the principal debt. (2) From time to time until said debt and interest are fully paid, Mortgagor shall: (a) pay and discharge, when and as the same shall become due and payable, all taxes, assessments, sewer and water rents, and all other charges and claims assessed or levied from time to time by any lawful authority upon any part of the mortgaged premises and which shall or might have priority in lien or payment to the debt secured hereby, (b) pay all ground rents reserved from the mortgaged premises and pay and discharge all mechanics' liens which may be filed against said premises and which shall or might have priority in lien or payment to the debt secured hereby, (e) pay and discharge any documentary stamp or other tax, including interest and penalties thereon, if any, now or hereafter becoming payable on the Note evidencing the debt secured hereby, (d) provide, renew and keep alive by paying the necessary premiums and charges thereon such policies of hazard and liability insurance as Mortgagee may from time to time require upon the buildings and improvements now or hereafter erected upon the rnortgaged premises, with loss payable clauses in favor of Mortgagor and Mortgagee as their respvctivv interests may appear, and (e) promptly submit to Mortgagee evidence of the due and punctual payment of all the foregoing charges; provided, however, th at Mortgagee may at its option require that sums su#Ticient to discharge the foregoing charges be paid in installments to Mortgagee, (3) Mortgagor shall maintain all buildings and improvements subject to this Mortgage in good and substantial repair, as determined by Mortgagee. Mortgagee shall have the right to enter upon the mortgaged premises at any reasonable hour for the purpose of inspecting the order, condition and repair of the buildings and improvements erected thereon. AMMO AApm_ Page 2 of h i X41964"r 107.8 (4) In the event Mortgagor neglects or refuses to pay the charges mentioned at (2) above, or fails to maintain the buildings and improvements as aforesaid, Mortgagee may do so, add the cost thereof to the principal debt secured hereby, and collect the same as a part of said principal debt. (5) Mortgagor covenants and agrees not to create, nor permit to accrue, upon all or any part of the mortgaged premises, any debt, lien or charge which would be prior to, or on a parity with, the Iien of this Mortgage. (6) In case dehnit be made for the space of thirty (30) days in the payment of any installment of principal or interest pursuant to the terms of the Note, or In the performance by Mortgagor of any of the other obligations of the Note or this Mortgage, the entire unpaid balance of said principal sum, additional loans or advances and all other sums paid by Mortgagee pursuant to the terms of the Note or this Mortgage, together with unpaid interest thereon, shall at the option of Mortgagee and without notice become immediately due and payable, and foreclosure proceedings may be brought forthwith on this Mortgage and prosecuted to judgment, execution and sale for the collection ofthe same, together with costs of suit and an attorney's comrrlrssion for collection of five percent (5 %) of the total indebtedness or $200, whichever is the larger amount Mortgagor hereby forever waives and releases all errors in said proceedings, waives stay of execution, the right of in uisition and extension of time of payment, agrees to eondemnaticn of any party levied upon by virhze of any such execution, and waives all exemptions from levy and sale of any property that now is or hereafter may be exempted by law. (7) Upon payment of all sums secured by this Mortgage, this Mortgage and the estate conveyed shall terminate and become void. After such occurrence, Mortgagee shall discharge and satisfy this Mortgage. Mortgagor shall pay any recordation costs. Mortgagee may charge Mortgagor a fee for releasing this Mortgage, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. ` The covenants, conditions and agreements contained in this Mortgage shall bind, and the benefits shall inure to, the respective parties hereto and their respective heirs, executors, administrators, successors and assigns, and if this Mortgage is executed by more than one party, the undertakings and liability of each shall be joint and several. Act No AppII) Page 3 ot4 i BKE964PG1079 Witness the due execution hereof the day and year first ove written. THOMAS MAN Conunonwealth of Pennsylvania / A _ ss: County of OW"L& ) On this, the 11TH day of AUGUST 2006 , before me, e undersigned officer, personally appeared THOMAS satisfactorily proven to me to be the persons whose names is are subscribed to the within Mortgage, and acknowledged that he/she executed the same for the purposes therein contained. In Witness Whereof, T hereunto set my hand and official seal. Le�.tc� My commission expires: E )TARIAI SEAL ANE M SMITH otary public wp, cUMBERLAND COUNTY on Expires Jun 22, 2006 Cert'fccate of Residence of Mortgageo Members l- Izederal Credit Union, Mortgagee within named, hereby certifies that its residence is 5000 Louise Drive, Mechanicsburg, PA 17055. By e Acot No . AppM_ . Page 4 of 4 ALL THAT CERTAIN tract or parcel of land situate in Hampden Township, Cumberland County, Pennsylvania, more particularly bound and described as follows, to wit; BEGINNING at a point on the eastern line of Willcliff Drive (50 feet wide), which point is 297 feet measured southwardly along said line of Willcliff Drive from the southernmost line of Ridgeland Boulevard and which point is on the dividing line of Lots Nos. 19 and 20 on the hereinafter mentioned Plan of Lots; thence North 83 degrees East along said dividing line, a distance of 150 feet to a point; thence South 07 degrees 00 minutes Bast, a distance of 96 feet to a point in the line dividing Lots Nos. 18 and 19 on said Plan; thence South 83 degrees West along the last said dividing line, a distance of 150 feet to a point in the eastern line of Willcliff Drive; thence North 07 degrees 00 minutes West along said line of Willcliff Drive, a distance of 96 feet to a point, the place of BEGNNING. Being the same premises which Donna R. Epting , single woman and Thomas J. ICeman, single man by deed dated July 21 2006 and to be recorded herewith, granted and conveyed unto Thomas J. Meman, single man 912 Willeliff Drive. Mechanicsburg, Pa 17050 Tax parcel # 10-17 -1035 -089 T Ccify rrcc:� ?c J o f ,ecoder o Deeds B I 1081 (Rev. 9/2008) Date: August 27, 2013 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on yojlr home is ig default and the lender intends to foreclose Specific information about the nature of the default is provided in the attached gaffes The HOMEOWNER'S EMEH ENCY MORTGAGE ASSISTANCE PROGRAM (HEMA4 may be able to help. to save your home This Notice ex lap ins hQ31 the program works To see if HEMA,P can help you must MEET WIIH 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 Consumed Credit Counseling Agencies serving your County are listed at the end of thj§ Notice If you have any aue stions you may call the P ennsylvania Housing Finance Agency toll free at 1-800-342-2327, (Persons with impaired searing can call (212) 780 -1.8oj 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 NOTIFICAC16N EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCI6N INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRtSTAMO 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. Page 1 of 5 Exhibit "D" HOMEOWNER'S NAME(S): THOMAS J KLEMAN PROPERTY ADDRESS: 912 Willefiff Drive Mechanicsburg, PA 17050 -2159 LOAN ACCT, NO.: ORIGINAL LENDER: Members let Federal Credit Union CURRENT LENDER/SERVICER: Members le Federal Credit Union HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM XOU MAX ME 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 W11HIN THIRTY- THREF X3.3) DAYS OF THE DATE QF 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 agency listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice It is only necessary to schedule one face -to -face meeting. Advise your lender immediately of your intentions. APPLICA110DI FOR MORT A V& 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 j 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 PI TA 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 WIT[) PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE ". YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIO A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. Page 2 of 5 AGENCY AC11ON -- 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 DE [A JI,T - -The MORTGAGE debt held by the above lender on your property located at: 912 Willcliff Drive Mechanicsburg, PA 17050 -2159 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: $1,893M for hero 6, 2013, 31,993.19 for Judy 6, 2013, $1,993.19 fbr August 6, 2013 Other charges (explain/itemize): TOTAL AMOUNT PAST DUE: L B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION ( not use if not applicable i I i I i HOW TO CUBE THE D +.FA LT - -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 $ 5,879.91 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check certified check or money order made payable and sent to Members 1" Federal Credit Union, ATTN: Lynn Unger i 5 Loulse Drivo Mechanicsburg PA 17055 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter; (Do not use if not applicable i I Page 3 of 5 IF YOU DO NOT CIJRLi THE DE FAULT --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 rnade 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 i1PON -- The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you curet a default within the THIRTY (30) DAY period, you wili not be required to nay attorney's fees ' OTHER LENDER REMEDIE -- The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURL 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 aU late or other charges then due,_ reasonable attorneys 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 some position as if you had never defaulted. EARI,IES1 POSSIBLE. SHEHIEE'S 9A L +. DAT E -- It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately Three (3) months from the date of this Notice. A i 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 LENDEM. N am e of Lender: Members I Federal Credit Union Address: 50Q0 Louise Drive Me hanicshnrg, 17055 Phone Number! (717)7� 95-51 Sf3 or j QQ ) 283 -2328 _Ext. 51 a Fax 1Vnmhnr. jZ171795 -5207 Ti Con Person: , y nri U nger Ti'-Mail Address: ungerCa),memberglst.org EFFECT OE 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. Page 4 of 5 O YOU MAX ALSO HAVE TT-IE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT, (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR,) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, •` TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AUENCIES SERVING YOUR COUNTY 09 in a 1W gf all Counseting Ag encies ' t d in Agpendix C. E0 Tm C-0-u-NEY in which thev located, using additional gaggs i a Certified Mail # 9171999991703178343978 Page 5 of 5 YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, i TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW, CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY CQUA2:Yinx the PrgU g ergy is located, using additional pages if necessarv) Certified Mail # 9171999991703178343961 i 1 Page 5 of 5 s e Servicemembers Civil U.S. Department of Housing MB Approval No. 2502 -0565 Relief Act and Urban Development (exp 413012007) Notice Disclosure Office of Housing Legal Right,S,and Protections Under they .RA Servicemembers on "active duty" or "active service," or a dependent of such a servicemember may be entitled to certain legal protections and debt relief pursuant to the Servicemembers Civil Relief Act (50 USC App. §§ 501 -596) (SCRA). Who 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 carps 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 To nder 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 SeryicemeWher or Dependent Rearrest Relief Under the SCRA? ♦ 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 I' 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 Obtaiainfoa•mation About the SCRA? ♦ The U. S. Department of Defense's information resource is "Military OneSource ". Website: h ttp: / /www.militaryonesource.com The toll free telephone number for Military OneSource are: • From the United States: 1 -800- 342 -9647 • From outside the United States (with applicable access code): 800- 3429 -6477 • 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: / /Iegalassistance.law.a- mil /contentAocator.ph form HUD -92070 (2!2007) HEMAP Consumer Credit Counseling Agencies CUMBERLAND County Report lust updated: 06/04/2013 10:57 AM Advantage Credit Counseling Service /CCCS of Western PA Community Action Commission of Capital Region 2000 Linglestown Road 1514 Derry Street Harrisburg, PA 17102 Harrisburg, PA 17104 888 -511 -2227 717 -232 -9757 Housing Alliance of York/Y Housing Resources Maranatha 290 West Market Street 43 Philadelphia Avenue York, PA 17401 Waynesboro, PA 17268 717 -855 -2752 717 - 762 -3285 PathStone Corporation PathStone Corporation 1625 North Front St 450 Cleveland Ave Harrisburg, PA 17102 Chambersburg, PA 17201 717- 234 -6616 717- 264 -5913 PA Interfaith Community Programs Inc PHFA 40 E High Street 211 North Front Street Gettysburg, PA 17325 Harrisburg, PA 17110 717 -334 -1518 717 - 780 -3940 800- 342 -2397 Pennsylvania Homeowners' Emergency Housing Finance Agency Mortgage Assistance Loan Program Payments 211 North Front Street, P.O, Box 15206 Harrisburg, PA 1 71 05 -52 06 Corres�nd mce 211 North Front Street, P.O. Box 15530 Harrisburg, PA 17105 -5530 (717) 780 -3940 1- 800 - 342 -2397 FAX (717) 780 -3995 7TY'(717) 780 -1869 11/12/2013 MEMBERS 1ST FCU 5000 LOUISE DR SUBJECT: MECHANICSBURG, PA 17055 THOMAS J. KLEMAN 912 WILLCLIFF DR MECHANICSBURG, PA 17050 HEMAP Account #: HE0002824431 Loan #: Your application for a HEMAP loan has been DENIED pursuant to Act 91 of 1983, 35 P.S. Section 1680.401 -C et seq, and /or Agency Guidelines 12 PA Code Section 31.201 et seq. for the following reasons: DELETED IN LENDER'S COPY Exhibit "E" 0y/31/2006 03:27 7179320317 KARLLEDEBOHM PAGE 07107 y MEMBERS I"" FEDERAL IN THE COURT OF COMMON PLEAS CREDIT UNION CUMBERLAND COUN'T'Y, PENNSYLVANIA PLAINTIFF Vs. NO.. THOMAS J. KLEMAN DEFENDANT ; CIVIL ACTION -LAW- MORTGAGE ;FORECLOSURE VERIFICATION I, Lynn Unger, Bankruptcy Specialist for Members 1" Federal Credit Union, being authorized to do so on behalf of Members 1" Federal Credit Union, Hereby verify that the statements made in the foregoing pleading are true and correct to the best of my information knowledge and belief. I understand that false statements are made subject to the penalties of 18 Pa. C.S,A. Section 4944, relating to unsworn falsification to authorities. Members I" Federal Credit Union Date: November, ,q 1 2013 By: '.'0' Lynn "er, Bankrup cy Specialist 6 FILEO CF` YHIt- PR0THON0Trxl�'f Karl M. Ledebohm, Esquire 2013 NOV 27 PM 2: 19 P.O. Box 1.73 OUMBERLANO COUNTY New Cumberland, PA 17070 -0173 PENNSYLVANIA (717)938 -6929 MEMBERS 1 ST FEDERAL IN THE COURT OF COMMON PLEAS CREDIT UNION CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF Vs. : NO.. 13-'7075 l.Oi l iTenn THOMAS J. KLEMAN CIVIL ACTION — LAW a/k/a THOMAS JOSEPH KLEMAN DEFENDANT MORTGAGE FORECLOSURE 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 that 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. Respec y submitted, Date: November 25, 2013 1 M. , edebohm, 5sq. upreme Court ID #59012 P.O. Box 173 New Cumberland, PA 17070 -0173 (717) 938 -6929 Attorney for Plaintiff a 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: CtISTOM 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? Mailing Address: City: State; Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? 'FINANCIAL INFORMATION 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 & 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: Assets 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. 2. 3. Additional Income Description shot 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 Su ort/Alim. Spending Mone Da /Child Care/Tuit. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income & 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: 2 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? Yes ❑ No ❑ If yes, please indicate the status of those negotiations: 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: AUTHORIZATION 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 I/we am/are under no obligation to use the services provided by the above named Borrower Signature Date Co- Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: VII Proof of income --Yrr Past Z bank statements -V1 Proof of any expected income for the last 45 days Y Copy of a current utility bill V Letter explaining reason for delinquency and any supporting documentation (hardship letter) Listing agreement (if property is currently on the market) 3 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff a�r utrrf, Jody S Smith t: JAN -8 Ail 9 :w Chief Deputy Richard W Stewart li I,l AI �J``` Solicitor L, ry ''E$tiN S Y 1 1v`r . i t Members 1st FCU vs. Case Number Thomas J. Kleman 2013-7075 SHERIFF'S RETURN OF SERVICE 12/02/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Thomas J. Kleman, but was unable to locate the Defendant in the Sheriffs bailiwick.The Sheriff therefore deputizes the Sheriff of Northumberland, Pennsylvania to serve the within Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure according to law. 12/03/2013 04:28 PM- Deputy Brian Grzyboski, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by "personally"handing a true copy to a person representing themselves to be the Defendant, to wit: Thomas J. Kleman at 912 Willcliff Drive, Hampden Township, Mechani burg, PA 1705k IAN GRZY:.S � PUTY 12/27/2013 02:45 PM -The requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure served by the Sheriff of Northumberland County upon Thomas J. Kleman, personally, at 39 Main Street, Locust Gap, PA 17840. Chad A. Reiner, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $64.30 SO ANSWERS, January 07, 2014 RONR ANDERSON, SHERIFF u- u SHERIFF'S OFFICE OF NORTHUMBERLAND COUNTY Chad A Reiner �� ` Tony Matulewicz, Esq Sheriff Solicitor Randy Coe Deputy MEMBERS 1ST FEDERAL CREDIT UNION Case Number vs. THOMAS J KLEMAN a/k/a THOMAS JOSEPH KLEMAN WNW SHERIFF'S RETURN OF SERVICE 2:45 PM-DEPUTY HENRY SCHRADER, BEING DULY SWORN ACCORDING TO LAW, SERVED THE REQUESTED NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM BY" HANDING A TRUE COPY TO A PERSON REPRESENTING THEMSELVES TO BET T, TO WIT:THO SHERIFF COST: $82.21 SO ANSWERS, January 03, 2014 CHAD A REINER, SHERIFF Sworn to and subscribed before methis j O dayofia r% A.D. 20 r 1J' PROTHONOTARY My Comm. Exp. 1st Mon. Jan. 2014 : IN THE COURT OF COMMON PLEAS OF MEMBERS 1st FEDERAL CREDIT UNION CUMBERLAND COUNTY, Plaintiff(s) : PENNSYLVANIA vs. THOMAS J. KLEMAN a/k/a THOMAS 13-7075 CIVIL JOSEPH KLEMAN • .• Defendant(s) `y rrtco ..7 1.1:) REQUEST FOR CONCILIATION CONFERENCE r. `= ;': Pursuant to the Administrative Order dated February 28,2012,governing the —° Cumberland County Residential Mortgage Foreclosure Diversion Program,the undersign ry 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 false statements are made subject to the penalties of 18 Pa. C.S. §4904 relating to lmsworn falsification to authorities. -40 ? - Z� D-G-, Z0)41 Signature of Defendant's Counsel/Appointed Date Legal Representative Signature of►,endant Date Signature of Defendant Date CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the Request For Conciliation Conference upon Plaintiff by depositing same in the United States Mail, first class, postage pre-paid on the 28th day of January, 2014, from New Cumberland,Pennsylvania, addressed as follows: Karl M. Ledebohm,Esquire P.O. Box 173 New Cumberland, PA 17070-0173 Attorney for Plaintiff Cumberland County Court Administrator Cumberland County Courthouse One Courthouse Square Carlisle,PA 17013 ROBERT P. KLINE, ESQUIRE 714 Bridge Street Post Office Box 461 New Cumberland, PA 17070-0461 (717) 770-2540 Attorney for Defendant In Forma Pauperis Form MEMBERS 1ST FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS OF UNION, : CUMBERLAND COUNTY PENNSYLVANIA Plaintiff . NO. 13-7075 CIVIL TERM v. • r3 r THOMAS J. KLEMAN a/k/a THOMAS JOSEPH KLEMAN, : c... rn r • Defendantt�s PRAECIPE TO PROCEED IN FORMA PAUPERISo To the Prothonotary: G,° - t tea Kindly allow, Thomas J. Kleman, Defendant,to proceed in forma pauperis I, Robert P. Kline, Esquire, attorney for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. 'We Robert P. Kline, Esquire Attorney for Defendant 714 Bridge Street P.O. Box 461 New Cumberland, PA 17070 (717)770-2540 MEMBERS 1ST FEDERAL : IN THE COURT OF COMMON PLEAS OF CREDIT UNION, : CUBERLAND COUNTY, PENNSYLVANIA Plaintiff ra vs. CIVIL ACTION 7;J . -0 enr• — e : NO. 13-7075 CIVIL c THOMAS J. KLEMAN a/k/a >c•-) -�b THOMAS JOSEPH KLEMAN Defendants , .� CASE MANAGEMENT ORDER AND NOW, this /e day of February, 2014,the parties having agreed to 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 C fi % aid 7 , at 07 '30,, m. in Chambers No. 4 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 within the time frame set forth herein or such other date as agreed upon by the parties in writing • t 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, , -II Kevi .A. Hess, P.J. .71-Carl M. Ledebohm, Esquire P. O. Box 173 New Cumberland, PA 17070-0173 For the Plaintiff ,Robert P. Kline, Esquire 714 Bridge Street P. O. Box 461 New Cumberland, PA 17070-0461 For the Defendant AM':rlm MEMBERS 1ST FEDERAL CREDIT UNION, Plaintiff vs. THOMAS J. KLEMAN a/k/a THOMAS JOSEPH KLEMAN, Defendants AND NOW, this : IN THE COURT OF COMMON PLEAS OF : CUBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION : NO. 13 -7075 CIVIL CONCILIATION CONFERENCE ORDER `Y. day of April, 2014, following conciliation conference, this IN RE: matter is removed from the Cumberland County Mortgage Foreclosure Diversion Program and the stay entered in this case is lifted. BY THE COURT, AZ... Kevi ► • Hess, P.J. arl M. Ledebohm, Esquire P. O. Box 173 New Cumberland, PA 17070 -0173 For the Plaintiff obert P. Kline, Esquire 714 Bridge Street P. O. Box 461 New Cumberland, PA 17070 -0461 For the Defendant :dm eapL E;S 02s 1£ �6L %. • • yyl (-n • n ,� C;; ` 1 G: :1 Z �; i G: COUNT NS LVANIA Karl M. Ledebohm, Esquire P.O. Box 173 New Cumberland, PA 17070 -0173 (717)938 -6929 MEMBERS 1ST FEDERAL CREDIT UNION PLAINTIFF Vs. : NO.: 13 -7075 Civil Term : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA THOMAS J. KLEMAN a/k/a : CIVIL ACTION — LAW THOMAS JOSEPH KLEMAN DEFENDANT : MORTGAGE FORECLOSURE PRAECIPE TO THE PROTHONOTARY: Please enter judgment in the above captioned proceeding in favor of Members 1St Federal Credit Union, Plaintiff, and against the Defendant, Thomas J. Kleman a/k/a Thomas Joseph Kleman, in the amount of TWO HUNDRED ELEVEN THOUSAND FIFTY -FOUR AND 45/100 ($211,054.45) DOLLARS, plus interest at the rate of $45.0890 per day from April 22, 2014 through the date of judgment and at the legal rate thereafter until the date of payment, additional attorney's fees and costs of suit as well as other charges collectable under the mortgage and for foreclosure and sale of the mortgaged property. Judgment is entered pursuant to Pa. R.C.P. 1037 for failure to file an Answer on behalf of Cu\A slLo.Sup6.4.4 alcki gig' INi„ hce Thomas J. Kleman a/k/a Thomas Joseph Kleman to Plaintiff's Complaint within twenty (20) days of service thereof and after a 10 -day Notice was sent. Date: April 22, 2014 Respectfully arl M. Ledebohm, Esquire Supreme Court ID #59012 P.O. Box 173 New Cumberland, PA 17070 -0173 (717)938 -6929 Attorney for Plaintiff I hereby certify that notice of intent to take a default judgment was forwarded to Thomas J. Kleman a/k/a Thomas Joseph Kleman by United States Mail, First Class, postage prepaid on April 9, 2014. The aforesaid notices were each contained within an envelope bearing the return address of the undersigned. The notices have not been returned to the undersigned as undeliverable or otherwise. A copy of the notice and Postal Forms 3817 are attached hereto and marked Exhibit "A ". arl M. e . ebohm, Esquire Karl M. Ledebohm, Esquire P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 MEMBERS 1 ST FEDERAL CREDIT UNION PLAINTIFF : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA Vs. : NO.: 13-7075 Civil Term THOMAS J. KLEMAN a/lc/a : CIVIL ACTION — LAW THOMAS JOSEPH KLEMAN DEFENDANT : MORTGAGE FORECLOSURE IMPORTANT NOTICE Date: April 9, 2014 TO: Thomas J. Kleman a/k/a Thomas Joseph Kleman 39 Main Street Locust Gap, PA 17840 Thomas J. Kiernan a/k/a Thomas Joseph Kiernan 912 Willcliff Drive Mechanicsburg, PA 17050 Robert P. Kline, Esquire P.O. Box 461 New Cumberland, PA 17070-0461 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, I AM REQUIRED TO INFORM YOU THAT THIS OFFICE IS A DEBT COLLECTOR AND THIS LETTER AND ANY SUBSEQUENT CORRESPONDENCE OR COMMUNICATION IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Exhibit "A" YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. 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. Date: April 9, 2014 CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717)249 -3166 OR (800)990 -9108 Respectfully submitted, tiPf Karl M. Ledebohm, Esq. Supreme Court ID #59012 P.O. Box 173 New Cumberland, PA 17070 -0173 (717) 938 -6929 Attorney for Plaintiff UNITED STATES SERVICE. Certificate Of Maili Phis Certificate of Mailing provides evidence that mar has been presented to USFS® for maihn This form may be used for domestic and ■ternationa! rzeit From Karl M. Ledebohm, Esq. P.O. Box 173 New Cumberland, PA 17070 -0173 To: - 0 z ti Thomas J. Kleman a /k /a Thomas Joseph Kiernan 39 Main Street Locust Gap, PA 17840 PS Form 3817. April 2007 PSN 7530 -02 -000 -9065 Y"h' u��i��ES _- -__ -�- Cerit=fcate :C�1 f'OSTISL SERVICE ;rMailing m Z O D C c D7J_ C CO eT ~� o0-1iAT, O. C(oom. -.-0 -Tw --I - zr - O `er - z D o m D ryes Cer,ilicate of Mailing provides evader ,.e Ma. ,.,;, nas DR =r. presented lo This form, may be used for domestic and :nternat■enn rtar • e.. from _ Karl M. Ledebohm, Esq. P.O. Box 173 New Cumberland, PA 17070 -0173 To Thomas J. Kleman a /k /a Thomas Joseph Kleman 912 Willcliff Drive Mechanicsburg, PA 17050 PS Form 3817, April 2007 PSN 7530 02- 000 -9065 Z m E 24;13 Da C V) o• Cfoom --.- o/ _ Z• �IDOo .0r— D —I O V../ d Z D .. o v m Karl M. Ledebohm, Esquire P.O. Box 173 New Cumberland, PA 17070 -0173 (717)938 -6929 MEMBERS 1ST FEDERAL CREDIT UNION PLAINTIFF Vs. : NO.: 13 -7075 Civil Term : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA THOMAS J. KLEMAN a/k/a : CIVIL ACTION — LAW THOMAS JOSEPH KLEMAN DEFENDANT : MORTGAGE FORECLOSURE NOTICE OF JUDGMENT PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, I AM REQUIRED TO INFORM YOU THAT THIS NOTICE AND ANY SUBSEQUENT CORRESPONDENCE OR COMMUNICATION IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE TO: Thomas J. Kleman a/k/a Thomas Joseph Kleman 39 Main Street Locust Gap, PA 17840 Thomas J. Kleman a/k/a Thomas Joseph Kiernan 912 Willcliff Drive Mechanicsburg, PA 17050 You are hereby notified that on t2fYI , 2014 the following judgment has been entered against you in the above captioned case: Judgment in favor of Members 1st Federal Credit Union, Plaintiff, and against the Defendant, Thomas J. Kiernan a/k/a Thomas Joseph Kiernan, in the amount of TWO HUNDRED ELEVEN THOUSAND FIFTY-FOUR AND 45/100 ($211,054.45) DOLLARS, plus interest at the rate of $45.0890 per day from April 22, 2014 through the date of judgment and at the legal rate thereafter until the date of payment, additional attorney's fees and costs of suit as well as other charges collectable under the mortgage and for foreclosure and sale of the mortgaged property. Judgment is entered pursuant to Pa. R.C.P. 1037 for failure to file an Answer on behalf of Thomas J. Kiernan a/k/a Thomas Joseph Kiernan to Plaintiff's Complaint within twenty (20) days of service thereof and after a 10-day Notice was sent. Dated: Li q Prothonotary I hereby certify that the proper person to receive this notice under Pa. R.C.P. 236 is: Thomas J. Kiernan a/k/a Thomas Joseph Kleman 39 Main Street Locust Gap, PA 17840 Thomas J. Kleman a/k/a Thomas Joseph Kiernan 912 Willcliff Drive Mechanicsburg, PA 17050 A: Thomas J. Kleman a/lc/a Thomas Joseph Kleman Por este medio se le esta notificando que el de 2014, el/la siguiente (Orden), (Decreto), (Fallo), ha sido anotado en contra suya en el caso mencionado en el epigrafe. Fecha: Protonotario Certifico que la siguiente direccion as la del defendido /a segun indicada en el certificado de residencia: Thomas J. Kleman a/k/a Thomas Joseph Kiernan 39 Main Street Locust Gap, PA 17840 Thomas J. Kleman a/k/a Thomas Joseph Kleman 912 Willcliff Drive Mechanicsburg, PA 17050 Dated: April 22, 2014 Res . ect r. 1y s itted, M. edebohm, Esquire ` Supreme Court ID #59012 P.O. Box 173 New Cumberland, PA 17070 -0173 (717)938 -6929 Attorney for Plaintiff {�` APR 24 PH 3: Karl M. Ledebohm, Esquire P.O. Box 173 New Cumberland, PA 17070 -0173 (717)938 -6929 MEMBERS 1ST FEDERAL CREDIT UNION PLAINTIFF Vs. : NO.: 13 -7075 Civil Term : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA THOMAS J. KLEMAN a/k/a : CIVIL ACTION — LAW THOMAS JOSEPH KLEMAN DEFENDANT : MORTGAGE FORECLOSURE AFFIDAVIT OF NON - MILITARY SERVICE The undersigned hereby swears and affirms on behalf of Members Pt Federal Credit Union, the Plaintiff in the above captioned matter, that to the best of Plaintiff s knowledge, Thomas J. Kleman a/k/a Thomas Joseph Kleman is not currently on active military service. Date: April 22, 2014 Respe lly s 'tted, Karl M. Led ohm, Esquire Supreme Court ID #59012 P.O. Box 173 New Cumberland, PA 17070 -0173 (717)938 -6929 Attorney for Plaintiff " r ' CS• Karl M. Ledebohm, Esquire P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 ,Cf 2i914 HAY � Y f fi r PENNS Y�LVANIA �p COOIVj- MEMBERS 1ST FEDERAL CREDIT UNION PLAINTIFF Vs. THOMAS J. KLEMAN a/k/a THOMAS JOSEPH KLEMAN DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA : NO.: 13-7075 Civil Term : CIVIL ACTION — LAW : MORTGAGE FORECLOSURE PRAECIPE FOR WRIT OF EXECUTION (MORTGAGE FORECLOSURE) TO THE PROTHONOTARY: ISSUE WRIT OF EXECUTION IN THE ABOVE MATTER, Amount Due: Interest from: Attorney's fees Costs $211,054.45 4/22/14 to 4/24/14 at the rate of $45.0890 per day and at the legal rate thereafter to be added $ to be added $ to be added Directed to the Sheriff of Cumberland County, Pennsylvania; To satisfy the judgment, interest and costs in the above captioned case, you are directed to levy upon and sell the following real property: All that certain real estate and improvements erected thereon situate in Hampden Township, Cumberland County, Pennsylvania, known and numbered as 912 Wilicliff Drive, Mechanicsburg, PA 17050 and as more particularly set forth and described on Exhibit "A" attached hereto and made part hereof by reference. wwk s Som a QL3)AZT c`t�, 1 to .o , c .6S Df P_Crsc Dated: May 14, 2014 1 Ledebohm, Esquire Supreme Court ID #59012 P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 Attorney for Plaintiff ALL THAT CERTAIN tract or parcel of land situate in Hampden Township, Cumberland County, Pennsylvania, more particularly bound and described as follows, to wit: BEGINNING at a point on the eastern line of Willcliff Drive (50 feet wide), which point is 297 feet measured southwardly along said line of Willcliff Drive from the southernmost line of Ridgeland Boulevard and which point is on the dividing line of Lots Nos. 19 and 20 on the hereinafter mentioned Plan of Lots; thence North 83 degrees East along said dividing line, a distance of 150 feet to a point; thence South 07 degrees 00 minutes East, a distance of 96 feet to a point in the line dividing Lots Nos. 18 and 19 on said Plan; thence South 83 degrees West along the last said dividing line, a distance of 150 feet to a point in the eastern line of Willcliff Drive; thence North 07 degrees 00 minutes West along said line of Willcliff Drive, a distance of 96 feet to a point, the place of BEGINNING. BEING Lot No. 19 as shown on Plan No. 2 Ridgeland Farms, which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 12, Page 48. BEING known and numbered as 912 Willcliff Drive, Mechanicsburg, PA 17050. BEING the same premises which Donna R. Epting, single woman, and Thomas J. Kleman, single man, by their deed dated July 21, 2006 and recorded on August 30, 2006 in Cumberland County Record Book 276, Page 2032 granted and conveyed unto Thomas J. Kleman, single man. Tax Parcel No. 10-17-1035-089 EXHIBIT `A' Karl M. Ledebohm, Esquire P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 ,,, PRO THO�'ip,TAiT 16 Pr 9 u 7 ''its— L AND PENNSYLV NIU MEMBERS 1ST FEDERAL CREDIT UNION PLAINTIFF Vs. THOMAS J. KLEMAN a/k/a THOMAS JOSEPH KLEMAN DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA : NO.: 13-7075 Civil Term : CIVIL ACTION — LAW : MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 Members 1st Federal Credit Union, plaintiff, in the above action, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located in Hampden Township, Cumberland County, Pennsylvania, known and numbered as 912 Willcliff Drive, Mechanicsburg, PA 17050. 1. Name and address of owner(s) or reputed owner(s): Thomas J. Kleman a/k/a Thomas Joseph Kleman 39 Main Street Locust Gap, PA 17840 Thomas J. Kiernan a/k/a Thomas Joseph Kiernan 912 Willcliff Drive Mechanicsburg, PA 17050 2. Name and address of defendant(s) in the judgment: Thomas J. Kleman a/k/a Thomas Joseph Kleman 39 Main Street Locust Gap, PA 17840 Thomas J. Kiernan a/k/a Thomas Joseph Kiernan 912 Willcliff Drive Mechanicsburg, PA 17050 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Members 1St Federal Credit Union Attn.: Dan Summers, Collection Manager 5000 Louise Drive Mechanicsburg, PA 17055 4. Name and address of the last recorded holder of every mortgage of record: Members 1st Federal Credit Union Attn.: Dan Summers, Collection Manager 5000 Louise Drive Mechanicsburg, PA 17055 PHFA 211 North Front Street Harrisburg, PA 17101 Secretary of Housing & Urban Development of Washington, D.C. The Wanamaker Building 100 Penn Square East Philadelphia, PA 19107-3380 5. Name and address of every other person who has any record lien on the property: 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, PA 17013 Domestic Relations Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Department of Public Welfare TPL Casualty Unit Estate Recovery Program P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105-8486 Inheritance Tax Bureau Commonwealth of PA Department of Revenue Bureau of Individual Taxes Dept. 280601 Harrisburg, PA 17128-0601 Occupant 912 Willcliff Drive Mechanicsburg, PA 17050 U.S.A U.S. Dept. of Justice U.S. Attorney, Federal Building 228 Walnut Street, P.O. Box 11754 Harrisburg, PA 17108-1754 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: May 14, 2014 Respect bmitted, tip 1 M. edebo v:Esq. uprem Court ID #: 59012 .0. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 Attorney for Plaintiff Karl M. Ledebohm, Esquire P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 1 . r`';; p THC'1167 201 it 16 PH 3: 27 CUMBERL PENNS r�-va, OUNT Y LA MEMBERS 1ST FEDERAL CREDIT UNION PLAINTIFF Vs. THOMAS J. KLEMAN a/k/a THOMAS JOSEPH KLEMAN DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA : NO.: 13-7075 Civil Term : CIVIL ACTION — LAW : MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE To: Thomas J. Kleman a/k/a Thomas Joseph Kleman 39 Main Street Locust Gap, PA 17840 Thomas J. Kleman a/k/a Thomas Joseph Kiernan 912 Willcliff Drive Mechanicsburg, PA 17050 THE UNDERSIGNED ATTORNEY IS A DEBT COLLECTOR. PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, I AM REQUIRED TO INFORM YOU THAT THIS DOCUMENT AND ANY SUBSEQUENT CORRESPONDENCE OR COMMUNICATION IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. HOWEVER, IF YOU ARE CURRENTLY A DEBTOR IN BANKRUPTCY OR HAVE RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT BUT AN EFFORT TO FORECLOSE THE LIEN OF A MORTGAGE ON REAL ESTATE. Your house (real estate) at 912 Willcliff Drive, Mechanicsburg, PA 17050, as more particularly set forth and described on Exhibit "A" attached hereto and made part hereof, is scheduled to be sold at Sheriff's Sale on September 3, 2014 at 10:00 a.m. in the Office of the Sheriff, Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment in the principal amount of $211,054.45 plus interest at the rate of $45.0890 per day from April 22, 2014 to April 24, 2014 and at the legal rate thereafter until the date of payment, additional legal fees and costs of suit as well as other costs and charges collectable under the mortgage and foreclosure and sale of the mortgaged property obtained by the above named Plaintiff against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The Sheriff Sale will be cancelled if you pay to the above named Plaintiff the amount of the judgment plus costs and additional reasonable legal fees, if any, and other costs and charges collectible under the mortgage, if any, or the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call Karl M. Ledebohm, Esquire, at (717)938-6929. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below to find out how to obtain an attorney. YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your house (real estate) will be sold to the highest bidder. You may find out the price bid by calling the Sheriff at the County Courthouse. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff at the County Courthouse, which number is listed below. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the house (real estate) as if the sale never happened. I 5. You have a right to remain in the house (real estate) until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house (real estate). A schedule of distribution of the money bid for your house will be filed by the Sheriff on or before (within thirty (30) days after the Sheriff Sale). This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed by the Sheriff. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717)249-3166 OR (800)990-9108 The Sheriff's phone number is: (717)240-6390. M. L� debohm, Esquire C upreme ourt ID #59012 P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 Attorney for Plaintiff ALL THAT CERTAIN tract or parcel of land situate in Hampden Township, Cumberland County, Pennsylvania, more particularly bound and described as follows, to wit: BEGINNING at a point on the eastern line of Willcliff Drive (50 feet wide), which point is 297 feet measured southwardly along said line of Willcliff Drive from the southernmost line of Ridgeland Boulevard and which point is on the dividing line of Lots Nos. 19 and 20 on the hereinafter mentioned Plan of Lots; thence North 83 degrees East along said dividing line, a distance of 150 feet to a point; thence South 07 degrees 00 minutes East, a distance of 96 feet to a point in the line dividing Lots Nos. 18 and 19 on said Plan; thence South 83 degrees West along the last said dividing line, a distance of 150 feet to a point in the eastern line of Willcliff Drive; thence North 07 degrees 00 minutes West along said line of Willcliff Drive, a distance of 96 feet to a point, the place of BEGINNING. BEING Lot No. 19 as shown on Plan No. 2 Ridgeland Farms, which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 12, Page 48. BEING known and numbered as 912 Willcliff Drive, Mechanicsburg, PA 17050. BEING the same premises which Donna R. Epting, single woman, and Thomas J. Kleman, single man, by their deed dated July 21, 2006 and recorded on August 30, 2006 in Cumberland County Record Book 276, Page 2032 granted and conveyed unto Thomas J. Kleman, single man. Tax Parcel No. 10-17-1035-089 EXHIBIT 'A' THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suite100 • Carlisle, PA • 17013 (717) 240-6195 www.ccpa.net MEMBERS 1sT FEDERAL CREDIT UNION Vs. NO 13-7075 Civil Term CIVIL ACTION — LAW THOMAS J. KLEMAN a/k/a THOMAS JOSEPH KLEMAN WRIT OF EXECUTION TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above matter you are directed to levy upon and sell the following described property: (1) See legal description. (2) (Specifically describe personal property when judgment results from a mortgage covering both personal and real property pursuant to Section 9604(a)of the Uniform Commercial Code) NOTE: Description of property must be attached to the writ. Amount Due: $211,054.45 L.L.: $.50 Interest FROM 4/22/14 TO 4/24/14 AT THE RATE OF $45.0890 PER DAY AND AT THE LEGAL RATE THEREAFTER TO BE ADDED Atty's Comm: Atty Paid: $213.05 Plaintiff Paid: Date: 5/16/14 (Seal) REQUESTING PARTY: Name: KARL M. LEDEBOHM, EQUIRE Address: P.O. BOX 173 NEW CUMBERLAND, PA 17070-0173 Attorney for: PLAINTIFF Telephone: 717-938-6929 Supreme Court ID No. 59012 Due Prothy: $2.25 Other Costs: cbt.teeljb David D. Buell, Prothonotary Deputy L.4 Karl M.Ledebohm,Esquire ^n;, �`�� 'i1 P.O.Box 173 '" New Cumberland,PA 17070-0173 ( � (717)938-6929COUP qty $ MEMBERS 1ST FEDERALr : IN THE COURfOF COMMON PLEAS CREDIT UNION : CUMBERLAND COUNTY, : PENNSYLVANIA PLAINTIFF • Vs. : NO.: 13-7075 Civil Term THOMAS J. KLEMAN a/k/a : CIVIL ACTION—LAW THOMAS JOSEPH KLEMAN DEFENDANT : MORTGAGE FORECLOSURE AFFIDAVIT OF SERVICE OF NOTICE TO LIEN HOLDERS PURSUANT TO Pa. R.C.P.3129.2 (c) I, Karl M. Ledebohm,Esquire, hereby swear and affirm that on the 9th day of June, 2014, I served the attached NOTICE OF SHERIFF'S SALE OF REAL PROPERTY pursuant to Pa. R.C.P. 3129.2(c) in the above captioned matter upon the individuals/entities by first class mail,postage prepaid as set forth on the PS Form 3817, copies of which are attached as Exhibit"1" and made part hereof. I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: June 23, 2014 Resp: ful surytedi V � arl M. Ledebohm, Esq. Supreme Court ID#: 59012 P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 Attorney for Plaintiff Karl M.Ledebohm,Esquire P.O. Box 173 New Cumberland,PA 17070-0173 (717)938-6929 MEMBERS 1ST FEDERAL : IN THE COURT OF COMMON PLEAS CREDIT UNION : CUMBERLAND COUNTY, : PENNSYLVANIA PLAINTIFF • Vs. : NO.: 13-7075 Civil Term THOMAS J. KLEMAN a/lc/a : CIVIL ACTION—LAW THOMAS JOSEPH KLEMAN DEFENDANT : MORTGAGE FORECLOSURE TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY Owner(s): Thomas J. Kleman a/k/a Thomas Joseph Kleman Property: 912 Willcliff Drive Mechanicsburg,PA 17050 (Legal description attached) Judgment Amount: $211,054.45 The above-captioned property is scheduled to be sold at the Cumberland County Sheriff Sale on September 3,2014 at 10:00 a.m in the Office of the Sheriff, Cumberland County Courthouse, One Courthouse Square, South Hanover Street, Carlisle, PA 17013. Our records indicate that you may hold a mortgage,judgment, or other interest with respect to the property which may be extinguished by the sale. You may wish to attend the sale to protect your interests. A Schedule of Distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after the sale. Distribution will be made in accordance 1 , .i . with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. If you have any questions regarding the type of lien or the effect of the Sheriff Sale upon your lien, I urge you to CONTACT YOUR OWN ATTORNEY as I am not permitted to give you legal advice. Date: June 9, 2014 Respe t y gmi ed, / eP. 1 A._......„------- 'an l . Ledebohm, Esq. Supreme Court ID#: 59012 P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 Attorney for Plaintiff ALL THAT CERTAIN tract or parcel of land situate in Hampden Township, Cumberland County, Pennsylvania, more particularly bound and described as follows, to wit: BEGINNING at a point on the eastern line of Willcliff Drive (50 feet wide), which point is 297 feet measured southwardly along said line of Willcliff Drive from the southernmost line of Ridgeland Boulevard and which point is on the dividing line of Lots Nos. 19 and 20 on the hereinafter mentioned Plan of Lots; thence North 83 degrees East along said dividing line, a distance of 150 feet to a point;thence South 07 degrees 00 minutes East, a distance of 96 feet to a point in the line dividing Lots Nos. 18 and 19 on said Plan;thence South 83 degrees West along the last said dividing line, a distance of 150 feet to a point in the eastern line of Willcliff Drive; thence North 07 degrees 00 minutes West along said line of Willcliff Drive, a distance of 96 feet to a point,the place of BEGINNING. BEING Lot No. 19 as shown on Plan No. 2 Ridgeland Farms, which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 12, Page 48. BEING known and numbered as 912 Willcliff Drive, Mechanicsburg, PA 17050. BEING the same premises which Donna R. Epting, single woman, and Thomas J. Kiernan, single man, by their deed dated July 21, 2006 and recorded on August 30, 2006 in Cumberland County Record Book 276, Page 2032 granted and conveyed unto Thomas J. Kleman, single man. Tax Parcel No. 10-17-1035-089 EXHIBIT 'A' ijNiTED STATES 8 Certificate Of _ POSTAL SERVICEFoo , - Mailing g •F.'. cooificale of maaing provides edee ila: oaf.beeo vesenzati rn USPS Z fo, Oo, ?7, Tilts form may be used for domestic and trfifernztfoflo.rtt3il 1 ' From Pip _ Karl M. Ledebohm, Esq. 4ifir t P.O. Box 173 he, pyr= , —z-o• — New Cumberland, PA 17070-0173 `2&',J,FriF2-0 To C=t - Members ist Federal Credit Union CD :0 M Attn.: Dan Summers, Collection Manager — 5000 Louise Drive Mechanicsbure..PA 17055 PS Form 3817,April 2007 PSN 7530.02-000-9065 Exhibit "1" U.S.• POSTAGE U.S. POSTAGE PAID PAID -, NEW CUMBERLRND.PR �' NEW CUMBERLAND.PA 17070 17070 - JUN Uy. 19 JUN Uy. 19 UNITED;F6f�Es r AMOUNT AMOUNT PosretsE>Zvi. :. a POSTAuN,TE_ o ma. - \,...; l 30 L SERVICE . ' 1 .30 f�, lJ .. 1000 (00 j `' 1.7:5-.„6909718-06 7 00097718-06 1_. .,,.. . .. 0•— E I I I I .�.`. . . 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IffIll2 1 1 1 I E 1 1 I I ,,.- 01 gi J111 II I '5 u_ Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY �.� i IED -0F F100 1}( l0 TPF PROTHONOTARY 2014 OCT 2 I PM 2:56 CUMBERLAND COUNTY PENNSYLVANIA Members 1st Federal Credit Union vs. Case Number Thomas J. Kleman a/k/a Thomas Joseph Kleman 2013-7075 SHERIFF'S RETURN OF SERVICE 06/19/2014 07:39 PM - Deputy Shawn Harrison, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 912 Wildcliff Drive, Hampden - Township, Mechanicsburg, PA 17050, Cumberland County. 07/15/2014 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: Thomas J. Kleman a/k/a Thomas Joseph Kleman, but was unable to locate the Defendant in his bailiwick. He therefore deputized the Sheriff of Northumberland County to serve the within Real Estate Writ, Notice and Description, in the above titled action, according to law. 07/15/2014 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: Thomas J. Kleman a/k/a Thomas Joseph Kleman, but was unable to locate the Defendant in his bailiwick. He therefore returns the within Real Estate Writ, Notice and Description, in the above titled action, as "Not Found" at 912 Willcliff Drive, Mechanicsburg, PA 17050, 15 service attempts were made at address stated, defendant could not be located there, deputized Northumberland County at alternate address provided. cab. 07/22/2014 The requested Real Estate Writ, Notice and Description, in the above titled action, served by the Sheriff of Northumberland County upon Thomas J. Kleman a/k/a Thomas Joseph Kleman, personally, at 39 Main Street, Locust Gap, PA 17840 on 7/18/14 at 1620 hrs. So Answers: Robert J. Wolfe, Sheriff. 09/03/2014 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013, on Wednesday, September, 3, 2014 at 10:00 a.m. He sold the same for the sum of $1.00 to Attorney Karl M. Ledebohm, on behalf of Members 1st Federal Credit Union, being the buyer in this execution, paid to the Sheriff the sum of $ SHERIFF COST: $1,134.67 SO ANSWERS, September 16, 2014 (c) CountySu:te Sneritt, Teleosott, !nc. RON R ANDERSON, SHERIFF f DD10d• 4 St) ,I a-0 9.299 fes/ 31as3/ On May 23, 2014 the Sheriff levied upon the defendant's interest in the real property situated in Hampden Township, Known and numbered as, 912 Willcliff Drive, Mechanicsburg, as Exhibit "A" filed with this Writ and by this Reference incorporated herein. Date: May 23, 2014 By: Real Estate Coordinator LXIII 29 CUMBERLAND LAW JOURNAL 07/18/14 Writ No. 20103-7075 Civil MEMBERS 1ST FEDERAL CREDIT UNION vs. THOMAS J. KLEMAN a/k/a THOMAS JOSEPH KLEMAN Atty.: Karl M. Ledebohm ALL THAT CERTAIN tract or par- cel of land situate in Hampden Town- ship, Cumberland County, Pennsyl- vania, more particularly bound and described as follows, to wit: BEGINNING at a point on the eastern line of Willcliff Drive (50 feet wide), which point is 297 feet meas- ured southwardly along said line of Willcliff Drive from the southernmost line of Ridgeland Boulevard and which point is on the dividing line of Lots Nos. 19 and 20 on the herein- after mentioned Plan of Lots; thence North 83 degrees East along said dividing line, a distance of 150 feet to a point; thence South 07 degrees 00 minutes East, a distance of 96 feet to a point in the line dividing Lots Nos. 18 and 19 on said Plan; thence South 83 degrees West along the last said dividing line, a distance of 150 feet to a point in the eastern line of Will - cliff Drive; thence North 07 degrees 00 minutes West along said line of Willcliff Drive, a distance of 96 feet to a point, the place of BEGINNING. BEING Lot No. 19 as shown on Plan No. 2 Ridgeland Farms, which Plan is recorded in the Office of the Recorder of Deeds in and for Cum- berland County, Pennsylvania in Plan Book 12, Page 48. BEING known and numbered as 912 Willcliff Drive, Mechanicsburg, PA 17050. BEING the same premises which Donna R. Epting, single woman, and Thomas J. Kiernan, single man, by their deed dated July 21, 2006 and recorded on August 30, 2006 in Cum- berland County Record Book 276, Page 2032 granted and conveyed unto Thomas J. Kiernan, single man. Tax Parcel No. 10-17-1035-089. 63 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: July 11, July 18 and July 25, 2014 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. isa Marie Coyne, Fditor SWORN TO AND SUBSCRIBED before me this da of Jul 2014 COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO., CUMBERLAND CNTY My Commission Expires Apr 28, 2018 the Patriot -News Co. 1900 Patriot Drive Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 iie atriotXews Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Amy Kotula, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 1900 Patriot Drive, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot -News and The Sunday Patriot -News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot -News and The Sunday Patriot -News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot -News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. 2 03-7075 Civil T m ME BERS 1ST FED RAL CREDIT UNION vs. THOMAS J. KLEMAN A/K/A THOMAS JOSEPH KLEMAN Atty: Karl M. Ledebohm ALL THAT CERTAIN tract or parcel of land situate in Hampden Township, Cumberland County, Pennsylvania, more particularly bound and described as follows, to wit: BEGINNING at a point on the eastern line of Willcliff Drive (50 feet wide), which point is 297 feet measured southwardly along said line of Willcliff Drive from the southernmost line of Ridgeland Boulevard and which point is on the dividing line of Lots Nos. 19 and 20 on the hereinafter mentioned Plan of Lots; thence North 83 degrees Eac-t_..if a id dividing line, a distance of 150 feet to a point; thence South 07 degrees 00 minutes East, a distance of 96 feet to a point in . . , • Sworn This ad ran on the date(s) shown below: 07/13/14 07120114 07/27/14 ed before me this 20 day of August, 2014 A.D. N�tary Rubli COMMONWEALTH QF PENNSYLVANIA NOTARIAL SEAL Sheryl Marie Leggore, Notary Public Hampden Twp., Cumberland County My Commission Expires July 16, 2018 MEM$EN, PENNSYLVANIA ASSOCIATION OF NOTARIES COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Tammy Shearer, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Members 1st Federal Credit Union is the grantee the same having been sold to said grantee on the 3rd day of September A.D., 2014, under and by virtue of a writ Execution issued on the 16th day of May, A.D., 2014, out of the Court of Common Pleas of said County as of Civil Term, 2013 Number 7075, at the suit of Members 1st Federal Creditu Union against Thomas J. Kleman a/k/a Thomas Joseph Kiernan is duly recorded as Instrument Number 201424031. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this ,R/.4t day of A.D. a©/if (t) Recorder of Deeds ecor Deeds, Cumberland County, Carlisle, PA My C mission Expires the First Monday of Jan. 2018