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HomeMy WebLinkAbout14-2062 Supreme Courtof7Pennsylvania 1 Court"l frComIn on Pleas For Prothonotary Use Only: CIVII Cover,She,et t., r Docket No: Cumb •5,• erlanf f Coun ty 1 q — " 6o 2 - The information collected on this form i s used solely for court administration purposes. This form sloes not supplement or replace the filing and service of pleadings or other papers as required by lair or rules of court. Commencement of Action: S 0 Complaint n Writ of Summons ( Petition Q Transfer from Another Jurisdiction rl Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: Members 1st Federal Credit Union Roger E. Kelley and Deborah A. Kelley T Dollar Amount Requested: Elwithin arbitration limits I Are money damages requested? el Yes D No (check one) ri outside arbitration limits O N Is this a Class Action Suit? 0 Yes 0 No Is this an MDJAppeal? 0 Yes El No A Name of Plaintiff /Appellant's Attorney: Christopher E. Rice, Esquire /Martson Law Offices El Check here if you have no attorney (area Self - Represented {Pro Se) Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS 0 Intentional Q Buyer Plaintiff Administrative Agencies 0 Malicious Prosecution Q Debt Collection: Credit Card rl Board of Assessment ril Motor Vehicle Q Debt Collection: Other E] Board of Elections Nuisance E] Dept. of Transportation Premises Liability E] Statutory Appeal: Other S Product Liability (does not include 3 Employment Dispute: Ej mass tort) [� Slander/Libel/ Defamation Discrimination C Other: M Employment Dispute: Other El Zoning Board T , n Other: I [3 Other: O MASS TORT 0 Asbestos N p Tobacco Q Toxic Tort - DES Q Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS rl Toxic Waste Other: 0 Ejectment E] Common Law /Statutory Arbitration B n Eminent Domain /Condemnation 0 Declaratory Judgment Q Ground Rent 0 Mandamus Q Landlord/Tenant Dispute 0 Non - Domestic Relations ®x Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY Mortgage Foreclosure: Commercial El Quo Warranto 0 Dental Partition El Replevin n Legal E3 Quiet Title 0 Other: Medical E] Other: rl Other Professional: Updated 1 /1/1017 .y Christopher E. Rice Esquire ; r ' "`'. ` % n "' ` . e Attorney I.D. No. 90916 7t< Aaron S. Haynes, Esquire Attorney I.D. No. 307746 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLE&` + MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243 -3341 Attorneys for Plaintiff MEMBERS 1 FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS OF UNION, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 14 - �d CIVIL TERM ROGER E. KELLEY AND ; DEBORAH A. KELLEY, Defendants : IN MORTGAGE FORECLOSURE NOTICE 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 claim or relief requested by the Plaintiffs. 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 REDUCE FEE OR NO FEE: IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD A LAWYER Contact: Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 `Q 3 ✓ ? ��,L Telephone (717) 249 -3166 .2f 3b 3 917 NOTICE REQUIRED UNDER THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. §1601 (AS AMENDED) AND THE PENNSYLVANIA UNFAIR TRADE PRACTICES ACT AND CONSUMER PROTECTION LAW, 73 PA. CON. STAT. ANN. §201, ET SEQ. ( "THE ACTS ") To the extent the Acts may apply, please be advised of the following: 1. The amount of the original debt is stated in the Complaint attached hereto. 2. The Plaintiff who is named in the attached Complaint is a Creditor to whom the debt is owed. The Creditor's law firm, Martson Deardorff Williams Otto Gilroy & Faller, is filing this Complaint on behalf of the Creditor. 3. The debt described in the Complaint attached hereto and evidenced by the copies of the note will be assumed to be valid by the Creditor's law firm, unless the Debtor(s), within thirty (30) days after receipt of this notice, disputes the validity of the debt or some portion thereof. 4. If the Debtor(s) notifies the Creditor's law firm within thirty (30) days of the receipt of this notice that the debt or any portion thereof is disputed, the Creditor's law firm will obtain verification of the debt and a copy of the verification will be mailed to the Debtor(s) by the Creditor's law firm. 5. If the Creditor who is named as Plaintiff in the attached Complaint is not the original Creditor, and if the Debtor(s) makes a request to the Creditor's law firm within thirty days from the receipt of this notice, the name and address of the original Creditor will be mailed to the Debtor(s) by the Creditor's law firm. 6. Requests can be made to: MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER Attn: Christopher E. Rice, Esquire 10 East High Street Carlisle, PA 17013 (717) 243 -3341 * THIS DOCUMENT MAY BE CONSTRUED AS AN ATTEMPT TO COLLECT A DEBT FOR THE PLAINTIFF AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. F: \FILES \Clients \11470 Members 1st \I 1470 Current \11470.321 Kelley \11470.321.Kelley. Foreclosure Cofrsplair�t �lpc r' � 1 �� ..s, I J fl h rJ Christopher E. Rice, Esquire Attorney I.D. No. 90916 Aaron S. Haynes, Esquire Attorney I.D. No. 307746 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243 -3341 Attorneys for Plaintiff MEMBERS 1 ST FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS OF UNION, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : V. NO. 14 - CIVIL TERM ROGER E. KELLEY AND : DEBORAH A. KELLEY, Defendants : IN 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 Services for the appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. if you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully submitted: 2 -,al S. /L Christopher E. Rice, Esquire I.D. No. 90916 Aaron S. Haynes, Esquire I.D. No. 307746 Ten East High Street Carlisle, PA 17013 -3093 (717) 243 -3341 Date: Z /' 3 , 2014 Attorneys for Plaintiff Christopher E. Rice, Esquire Attorney I.D. No. 90916 Aaron S. Haynes, Esquire Attorney I.D. No. 307746 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243 -3341 Attorneys for Plaintiff MEMBERS 1ST FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS OF UNION, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : NO. 14 - CIVIL TERM ROGER E. KELLEY AND DEBORAH A. KELLEY, Defendants : IN MORTGAGE FORECLOSURE COMPLAINT AND NOW, comes the Plaintiff, MEMBERS 1 St FEDERAL CREDIT UNION, by and through its attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and files this Complaint in Mortgage Foreclosure upon the following: 1. Plaintiff, Members 1 St Federal Credit Union ( "Plaintiff'), is a federally chartered credit union located at 5000 Louise Drive, Mechanicsburg, Pennsylvania 17055. 2. Defendants, Roger E. Kelley and Deborah A. Kelley ( "Defendants "), are adult individuals residing at 222 Strohm Road, Shippensburg, Cumberland County, Pennsylvania, 17257. 3. Defendants are the owners of the real property located at 222 Strohm Road, Shippensburg, Cumberland County, Pennsylvania, 17257 ( "Real Property "), and more fully described in the Deeds recorded in the Recorder of Deeds Office of Cumberland County, Pennsylvania, at Deed Book W -29, Page 90, and Deed Book T -32, Page 213, which are encumbered by the Mortgage described below. 4. On or about March 20, 2008, Defendants executed a promissory note (the "Note ") with Plaintiff in the amount of $38,500.00. A true and correct copy of the Note is attached hereto as Exhibit "A" and is incorporated herein by reference. 5. As security for the performance of their obligations under the Note, Defendants, as Mortgagors, made, executed and delivered to Plaintiff, as Mortgagee, a mortgage upon the Real Property (the "Mortgage "). A true and correct copy of the Mortgage containing a complete legal description of the Real Property is attached hereto and incorporated as Exhibit "B." 6. The Mortgage has not been assigned. 7. Defendants are the owners of the Real Property, and Plaintiff knows of no other persons holding an ownership interest in the Real Property. 8. Plaintiff has made demand for payment of all sums due and owing thereunder, but payment has been refused. 9. Plaintiff provided Defendants with notice of the period in which Defendants' default may be cured, but Defendants have failed to cure their default. 10. As authorized under the Mortgage, the loan obligation to Plaintiff from the Defendants has been accelerated. 11. The total sum due and owing from Defendants under the Note, as of January 13, 2014, is itemized as follows: Principal: $17,191.03 Late Fees: $68.28 Interest as of January 13, 2014: $282.93 Court Costs and Fees (estimated): $500.00* Attorney Fees: $2,500.00 Total as of January 13, 2014: $20,542.24 Plus interest accruing at $4.79 per day from January 13, 2014, until paid in full. *To be determined by the Cumberland County Sheriff. 12. Plaintiff specifically reserves the right to increase the Court Costs and Fees, and Attorney Fees listed above should additional services be requested and /or costs /charges /fees be incurred as a result of the collection of the money owed and foreclosure of the Real Property. 13. Pursuant to the notice provision of Act 6, 41 P.S. § 403, and Act 91, 35 P.S. § 1680.403(c) (collectively, the "Notice "), Plaintiff sent notices of intention to foreclose mortgage and of the mortgage assistance program dated December 2, 2013, to Defendants by certified mail, return receipt requested. WHEREFORE, Plaintiff demands judgment against Defendants under the Note in the amount of $20,542.24, plus interest from January 13, 2014, at the rate of $4.78 per day until the debt is paid in full. MARTSON LAW OFFICES B y : 5 Christopher E. Rice, Esquire I.D. No. 90916 Aaron S. Haynes, Esquire I.D. No. 307746 Ten East High Street Carlisle, PA 17013 -3093 (717) 243 -3341 Date: 3 , 2014 Attorneys for Plaintiff This is a debt collecting firm for Members V Federal Credit Union. Any information obtained will be used for that purpose. EXHIBIT "A" $t CLOSED•ENO NOTE DISCLOSURE A!dD,aF. C�,llg l�lf AORRCMPAr'f' 5000 Louise Drive, P.O. Box 40 uRxutovleR•s NAUeANOACOaasa McWaZsburg, PA 17068 ROGER E KELLEY IMEAiDERS 1' S01RQ w R��ze7 rIDmatP W11MM t 0.1 a% caw. H A .:AUe 5 w.kwAl AUAAm 'm• C4t10RRO.MR'aNAM4 amo O SLOAN FIXED VARIWI! ANNUAL PERCENTAGE FINANCE CHARGE: Amount Financed: The amount 01 Total ofPoyrnentz Tile amoui RATE: The cast o1 year credo ee • The dollar omotrd one credit wo crt>dft Provided to you or on you you will hew paid after you have yesry rate, cost you. be made all payments as scheduled. 10.19 % • I• 16,007.86 • 38,600.00 a f 67,461,80 s Valhalla Rake: 11 yma loon has • variable rata as noteald abwa fits Annual Parean4os Rals mad VKwasa dump th• Wool tit Irsesatiul O Ole OndoxI degas. TM oretlM unlmwM sae a maNgn N la $ now vokre, T rat• w a clisaw rrav ey on We Da day d tha meran, Tram" a1/ never be Ng s, Nun at• maxWae me mawsd by law, and h wa nerar W l ass than, Arty bnaasl tale w8 neat h mars paprrrema of dr cull anauM. For Exanlpla, type tout was for {0,01al 15% fa 46 maths and Me ANwN Pwasmaas RaM transited \y 2% after ore, Year, fit tam d Yaw scan wail I nsg by two ft - ff ' {} g � A Payment MEfo n n Ld l Rn " Busum you law gravel to maU your uyW maa�yp firouah an aulomaac dWUtlbn homy Cnotld�ygm�Inpa A ^ ya a ANNUAL PERCENTAGE RATE Ma NM Aaoall ro as by ,�70K Tha ANrAL1 PGf MMTAOR RA 0 ebwe 11 vm ANNUAL PERCENTAG od RATE bar e to the Aularalb Pa as Ohcauntee Rata This Ma w# naaaaa Iry.201t d W auu fits automMt pa"tI Mangement d fat to mMNah suakMm fur ds n yaw smaurr a agar lM aulOmatle patmenll. In Wan 6CM, the eXod at M ncrtMa wi be to axnnd as term d ya r Ian For sample E tat Automatic Permam oMaorMed Rote b 10% an a 110,000,00 boa b e0 mort4s a1N Ya cone ere aMmM payment anongamam, your rate we nrnw• to 10.2x% gsuaatg n 1 adtltmY payment. Variable Rob Pralerred Low. II your loan Is a variable rw ben and you RuolEy for a preferred roar, you prataned dlualaa to tallw N tla KT4 you Is" as tow ban, This IeaW Pniwred ANNUAL PERCENTAGE RATE will awn wry eocapne to ch= h IM books (ate dledwad For example, t a valable role ban's n)YI ANNUAL PERCENTAGE RATR Y 17µ M as tams you tap are roar, Your I�tM4=p(alwo AWJAL PERCENTAGE RATE w�be WA%. Y w MW praMnod ANM/AL PERCENTAGe RATE Wit Man vary 600,01 rte b the kW# as dbdosed n "VNW* Rata' provisbn oboe. Fixod Rate Pratened Loess, a Year M:M o a ft" rote IoM erW tall 4uetly fof \ DateRW rite, tote ANNUAL PERCENTAGE RATE wilt be the prolanad ANIRML PERC ENTAGE RATe dlmlosed oboe ta rn as air aistuo nmaltn baate6 Mreabor d Fsymama Amount or PsymMte when Payment kagwnrly fayawls, Are obt 17ua B ogrrt�y Insurance: You i nsY a i � nu ooear =fromalryarro tauwaMll�adceplodeto y°w 63 $889.98 Alordhly • Heq -11 041111/2008 With union. 1you y Iha Insurance from the w1lon you 1tNl PBY M t $88612 Final Due -OR 03M8/201S : WA aeou l sl w other lays M fire credit u Me flood \ or oroparq Other wM Disc s•cura atis boa 1/w w ow" a aaara bwnN being padtwaa IDesalbek you ahMee NOU dyod n fire arses vM aW: a lala as Chrpea paymsnl Is I" by lO days a mare you wA ReW ba4 Deposit Balomaor TM Annual FacMlago Rate doss FIIIng Ma Non.FOYto Insurance: a, 6=asteed6%dywraehrMAAAadPaYmM6 n01tealntcao00umYaWtapuhddapoakaahaae ,sr fNM sWA 's ter 1�A °" PeY Abe ur rev a r •a ea eeY l m ITEMIZATION F AMOUNT FINANCED $ 36,500.00 Antourt Paid to oMera on you betalf (Desrxtbe $4ease To AW4UW.1N NCNIIA $4,16aco To OWCOVERCARO AMOUNT GIVEN TO YOU DIRECTLY: 2,862.31 11 441111 To CARDSORMa 16I To SIM000 t $,ot" TO aacovERCARO Zc 1,Wr,u To CUMBPRtlterO COU P11,•sut To %tries itATOaa T o TuCaaaut NM $ we" To CNN4AL ONe eA iseree To CUUNKLAMODU AMOUNT PAID ON YOUR ACCOUNT f 831"41 To WKreNDTON $gyp TocaanyaraaAN = To 6•OAd To no HOE DEPOT $ T O $auto To VAeaWn $ TO PREPAID FINANCE CHARGE $ 0,00 Sell" ToH"eCAMSM $oao To Fan $ To AM" soulons $ To NrdaaAaerm 8 OURITY 1 FORMA MAq MODEL YEAR IA NUMBER TYPE VALUE OTHER (Deadrtba): 222 =OHM ROAD oV (gs a AMOUNT NUM% AMOUNT ACCOUNT HUwOBI and/orDvh or $ A S You aw" tea tla tamp no Cdo7abrte n aw 41e41aW re elatemaa aM go Wa and aaaatY 1 00`611014ft bated on Age 2 of this doomare stall apply to 0411 ban. R gwo N more tan or brl m w. w*" 111 twWWor s d IM bas are smelly 4gmwA8 n gevmrwg ass ban Nall apply to boo b•aly and severally. Yea wkwoatadfia thsl You hoe raoawed s Dory d the loan ertd saaay 2111`90111,4101 and dow0sure, sher mrtL Cealener fiyou as signisg as m'•ta1111r, you oeWawledry racelp d tit• rnaa a eo -Nana contaMad 111 pope i N A e„j OAT9 CO 'OTHER O ER "GO-SIGNER t DATE 0 'OTH:R FR o-a1GNER DATA [] C.PMAKER Q'OTHER ONt1ER O '•CO DATE (SEAL X (89AL) 13 CO-MAKER (]'OTHER OmrFR Q' atONI91 o;Te X Co-uAK L) 'OTHER OWNER[] "CO•SIONFA ( DATE ( n,lr •4e•Ir ke ieI�YYM ►A,[e�1♦plrt�•a Yta 'NlrwtMMlhti WweJMYWrNYA11ba M WewwMw.MM ell�,y M�•rM JM41,. wir�.,bM e•Y••e •rl� •I �W M•1,1•, M rl�l. •.,I4�Y„rlq V .1/4 N�•t••.4 "aaagaptllM 4ltlasaa u+ee a1r111Rry two •Wrta.em�m' •r M PW� IMM WM MtiVr 4r. Tu NOTICE TO Ca-SIGNER You are being aeked to rases Is dept Thlrtfc caraNtly boltre yov do. E the bortowar ooeanT Day the daK you will have to. Be sure you Wt afford to Day h you haw to, and gut you want to accept 0ds feaparnils ly. You m y rove to pay up to the tu$ amount of fro debt If the borrower does not pay. You may alto (ova to pay late fees ter cOOeaeon ovate, whIch tneraaon INa Tha crodlor can ccg *d this debt hom you wf tvW $rat t to oo8eat from the barrowet, Tiro Oro cell us , lye a rw coltle8oh ITN1lhoda apalnat you that can be Used aO�iMl lha harrowgf, each t o aVlrlp you, rte. rif I vaur ate. a this eeht N aver defeul4 that fact may become a Pori ofyour dradE retort!. This no la not a con ad Iha ma you a e Ufb da Page 1 of 2 r1AM f ffR ACCOUNT BER DATe CP IO,W ROGER E KELLEY 03/21'2008 �NAMBf � NORDS TABDIT UNIOW MEANS MMERS 18T FEDERAL CREDIT UNICK THE WORDS "YOU, "YOUR• AND - YOURr MEAN THOSE IRAN AGREEMENT SECURITY AGREEMENT Pay ypi urea Oh +r�OS; Forva rec4lved, you proml{{ to p3 al L To uaure • m nt or 1 and a expo to »s tneuao b Ina croon Iha G� Un�ona °ftko, all amourils due. al pe rnenls anall ee made union In ¢ �I 'a �onv�I��itnPi an 0 r�n roe zl on a artur��f � you p enl t e diet atalemenl on p 1 �r tnIs do nl. You rant Use crow t °o rl,f■au If�Irroat n I II rop•rlft da[erlL•C 1, UntlarGOfld ¢iat tits SIta11C9 Cha. fgB ptld IOtfl Of OymaRtti a t1r1 H a 1 a o � ° ol fhb do um v1� T h ■ cOrlt 7nloroat lnc vU/s all In ra■sn Do A 018 p0 1 d�immee ug -sic oas n�ad�liP to l� Ayrop roC 1 of do mere ant lea on aeaum on a e0 lnatBllrI� pa ants n■unnn on �ls sa °u»i{'prop.rty a•mmul �ro t Wig a ma on tits acne oleo d date q nd , If y heva y ualHfedw secured pro perty, prefs fryBt you rAntlnue fo Ost13 in mgdf of U1at p�e (fitted Croe■ toll brdhati pr H• n .au for thts loan or for ■ny rate,,��If yYou Ta to �ay any Ylatatlment by Rla Ulna ll la due, you W11 pay ofM•r laan�orrow°r�ia . w in 4 uer�t un}og Secure aU amounts addxl0rlel Iniores orl Nf Overdub emounL ewromr owes the cre It u on now end m I • rulu Nowwrr roparty .Wt. 11on of Paymema and Addlgoml Pay ment0 is acrd �oa id A I ial r 0 not aoyn W roan It au �ro�art 1{ pyy� ors a n IpN n{ •nee un ess • p retc a on t en are Drano snag be appd+d M Iha ronawlnp woes, airy amount pa{I due; any Ivm a aR .q •r le a naWr an satpir'�aat, er an non purcnua teas or charge+ awing Indudlnp am fiaurerfce premkanf Bcdued Interest �'�;,'"th" " r1O �� n mce1Ion a aeearuam/°r the copahra{ uNes■ you hove or}Irroncecharrgges oublendingyyrt�ldpel.Paymonhmadekfaddplon �1aa »dltunpal'sptnuwHttemm�lem regularly schawz§ payments she0 be applied In tits same order, 3, You wt N nave a 11• to a must•nt t »o a 0e s uxarotb Praforred Rrta h you que�dW, fora refeaed rolfee es alsdosad ao�r of sxceot t ��v a Ul l un�orr ant�axm ro an Into t p e n 1 co- 1hl I doaume or gg ee le preferred rate edde o yoy untl 0 p f e s[ g a a rd l ro coon e c erN ass net t s nlerl t 1 I You Must meet ale ton�f ion{ tlladofed 10 u In ara§r ro quell for trio gaae, p °der • n a U daafod prole rate end rnUat aprl uB to act ltrea pndillard, in Order o keep 6 You ey a ta eae•■ ; lens red a al d thr praeoay y y our p erred role It yoy fa l to �nas thoysa�co��Iroynoo, your rats w alt 0a }ogres g y p Q c la d cn Nl a on ta pou aed m a I n , tnereD eta " sit lairoMr I UMe Udau prdrt1l60 to CdntlRlrOIUl /hanar: Ypu_acr.e � 6 aaAir mak pa marsh a nrl to meat ell Oh al f Agroenglll even Ir a omit e°Mtlra°1A'iNi at tM asap unY» a unt orb wl�de�and IM lmpeay you n longer receWe the preferred re parry a Leta CMr ea:11 make s late 0aymert, You a ree to a a labs char • a Y bnur a to veMaM or M kit on If else ro dlfdasad o a 1 d lhlY dOCUmeRL g P Y 9 ail n f s wr tit 00 t i�i�l�turenu b D ge a 1 a� I ue uNo�t rI t� ° i aid ° w proN Properly `steuranco:11 YOu l{ a toeq seeurad by for vohloro or o wa i a,�` anus �3 r�,w m. ran vat ' laf Other fan o arty y obtain i gwancs wMah Protect{ the atoll , union Oo Ilnt d IOiR he atnourt en eo ierege W the p`o'or1Y AO t � 0 ry�' ° a �°� n •n ° M tp t ia s �07 i h o fi insurBatm st a a�oeplaMe tgg the ae un on Such a po icy must a■ m Ih' afd�i • to scant I t�a •de n ,ur on �roade al 'cat ro, tnen Oambined add I no ooveregos and coulalon a ' p on u�O �O�aar nOat to a euraflce. Must contain a Los{ Para clause andOrt emerd namMg the• Bi°•�un�oaaa �� s► I i� Ix i o • sad ° b Gedku� n of p an holder, You they DMip Ihis nos from an agent of y e are dlt yoUt dfdea and dbeel pre agent to send line eredn a copy of Ihv ra namasay I dmmallar far reAOnoa �s policy, Y nhaeu a ° uam �m re» & e rvi:aCanter Debtor Roepw1 aI Mty: You Omt rmllfy credit union o o nY p io You e m Gnu en r.1 sin O •rear 1•cod by lhe � Ow Hems add w emp�ou prprRla9 Hotted ePP� r a belt p Onl�r� va d b you iidlv Wt�s prhnarl yi fb�9ta belt t rou it (here e a reasona p tlU that you wW bs una • to repay u u" o ON C, an BCCEfaMa le the t fed of 1110 wedlt 0>I �enabn. You my e a g d a,. ad unlaa IsN M t l rie e, ha■ yy �u1rr 1011 ('1 10 hiah drmf �il v m a • »son a m�pn,, aaau r {o bduln credit un 0 neW nfanMI n w ro +tea 10 our b I to ells •� wid»d fr y your abllpa0on You rpmt�o not to submp (else or Irre 1p aa'°a to mm� w°� un 41 nn i� d• a wR.taver m Diet AYau lnrwmatlal 00rr 141iltully {gnceal Inronnatlon regardhlg your � hinea, Weal unl8n Iwls a n.oafaary to pa M�rrodn union �t pant o cre l tdanding, or a capadty. 7. . n dented reemam s ro a uNo o• DaffuR You shall be consw d I dotd g of the t�pW�� i► ��� ice + e as e 1 n i:o taw s y°u b eak any rombe mar�a under 81a Lo T aemeM or un er a ran. a t ae n a sots awrl i ypU p �n per ra r reel a s a on sm, whe�q e ioariBd d�lr rep U1a U� ( ta l 6fet hln0! U691h0 rifene the ,1W Urderl caRtv�erN �7.1 • ninon du a rarest dy (w p yaw app do or (3i a>a credit union w ad�r rod d dl ems d unionsllould.I , beltovelhslproeye of 0ymelperfo rtpa mays .a . ��r » 'u lakeol ° �uw dr real xauon 0pf the rw0ateral, H anY, U Irnpafra or �4J'U u W0; a If p Doll lor �t d ot t° a°I °° t ids Un1 � °�° a °r vou MO a oOdeon M , % b %k p{�y Ir fOr n pr ro lversf� or ore W } ,, ea yes, pa (((' or roe ^ fnvOlurllarny into such pr�oGm3nOS; or (9��Ihe rd�ateral, (r ants glen a{rcku see iwlio d�aP dos est�P iruunlam�a sparsity !� r t ja sccouM oat ddaaw destroyed, ar If 0 I§ IsNOd w ° au bb enders q e hip eras e e fupluacnod w gamts eel or y iu do not on C ma eryi or your r 0A "` I�r caGe a or ' and �ra era a gip w 96 a aoa a er w ra debts to the cMdk on !f ou data he aadk oan nay, f" roe its f� ors an ( e z�emes, ltee at the lt union's OpOOn aands It you mr� goOOS, ¢ re this loan S ° ou a� • peal eiron • ' sit co�a°n�c Ss oric� Immed ale dire and p{ bN, nd knrtle/1 pay to Iris asrNt s an t ■um del r or wu n• r a unless et thbl lima ie 1°tal unpaid s 0 col a e0well�Flnaaoa Charge ouo�on 000l on�riaid .ra�tha • u n•■ , to oat arty late rues and cos4 o coi action under law, naI nn eel es a a b tie t�rdoncr h• amt amm 'I z 1n r�sorrabla 3eomay'a tpp4qc, ihet O1a and a may nwr, up to ° elite • • t t o us o. n , 20 a old and Glterec Coals al ca °O s, but era ro •Moro• r you W p w ou dpi a uMoA u�p pr request as le a prop�`ce cr a b aae1 heel° I a t not ad t0, rap068�a On Is" app , onvIroranent� sfU union SI a $�aoe d e d tlo rh dLL union de b assesamenle atre 8p oK�tr sal altomey'a fees for wave toe e(wlt Wf aanw wens o�any a�l auhaeevaM at" eny ed)oon taker) DY a lt�pprm In a 10.011gdt 1 pf c or 0. Ttn C u b obtad es our Allom dnFad I prOla�lhe aeott un tit's rignd and Tadbs.Indud whhoul on, ads �eM asd�'u r� Y sM r n�1t s WW R a as sac awry to pr'�ecl the co ar a 0•au tlemQred6 for p men !U m0 Wllwt w 60 � mere tt ry matwA agreamae oreetes neWg��lilorn, ImasllgaObn anti aafesStrrml ptihe creel u'done a p�Is, a, pNa» b more tlmn one boralwr ouroa�aaon■ w a+cemeat u• p rOGpatlon M Der�lytlptaY CBas0. trlofers, errd pr0C9 n100 ( 2ljtlg, JoW and ewes, aaoh hNnl •quda� »eponilala W tupU IM U a Nb aw�l�tatnw�WrOOmOatlon, °ung pr0oh o1dsan, pw1119 rear smelts aarrontb °ammem, ablyemc�OOhs t {or POaar1� nd��arr� n{ •ltd 10. Tnb ■.mod og rwvrd na Ditty odds you, but W exacul°n, administrator, oil m std lTh� ro onlnbOec'*�Inder �R be�w ahtb neua.ana. uam ac R sera i e p Pat aela� 1 al a mgr to rt"M the conyred rats. St taattutory Liio fly acre In ffe law gWe Ow cre u %a ifre tl bf dBrB�ldbto Sutlhlat0in. On Yy W a M default, the I wadq� union may exercise this without funher7todae to you, Daley la Enforrc�oalorlb Credit Union may deist Ontwdng arty d tits credit tmroXaghl{ urWerthb agreememwkhoul losing them, InroguUrPeymo U: The aed11 ion maY a late peYmenri or p r11N credi 1 unl ° oa ighfe und d+liM +fie mere in tad{,' wlRloul loafrlg city of the co•mek nt Nyou are M irp mN egroemaM of a me 10 you agree to be u°I�yy reap ite win trio hcnowOr, but the cro un n sue ell or 6o1h o yp Th0 aaoH urdat does �oI nave to not ya1 that this agr08meM hBS Ins°alybeen paid. The c edit un og Prey Oxlen tame d pa ref y jwns m 7W a ,M�y on ihls enLh wghoN noUrying w'lase you from also N9H Contractual Pledge a Briefest You pl•tlg a s your sherot and doOOSRS In the credit union, tnchwllnp raura , ns.curigrtorthisioan, In case oa of sums dua ti N nsor delaYlt, hraludmy eo.tf aolla ire y nt reasonable attOTWs foot, that the crank union" Incur up to 20%orare U"W prints of and Intaraat No lion or right eo Inpren a ►Ion on °hares and dopesib sM�apppl1yy t° darnyy oryyeof ■hared whlak may be t1ald In an • 'IndMdual Reth•re.d Acco4lrY or . 79 0 1 Flan,' Pages 2 of 2 EXHIBIT "B" Prepared By: Members 1st FCU 5000 Louise Drive Mechanicsburg, PA 17055 Return To: When recorded mail to: FIRST AMERICAN TITLE INSURANCE LENDERSADVANTAGE 1100 SUPM?IORAVENUE, SUITE 206 CLEVELAND, OHIO 44114 ATTIC• F.77120 MORTGAGE Made 03/20/2008 i Between ROGER E KELLEY AND DEBORAH A KELLEY (hereinafter called "Mortgagor") And MEMBERS I 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 $ 38,500.00 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 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 sum 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 SOUTHAMPTON TOWNSHIP Ci;mberland County, Pennsylvania SEE EXHIBIT "A" which currently has the address of 222 S'TROAM ROAD [Street] Shippensbur Pennsylvania 17257 [Ci ] [Zip Code] - 3q-(3-0 (0 Z . olgr ZLI - ! V (p - D ($ �- APP,6 23851401 P At& 14 o age e t of a 31q eSI 1 L 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 Mortgagee hereunder and under the terms of the Note, together with interest thereon, and shall keep and perform each of the other covenants, conditions and agreements hereinafter set forth, then this Mortgage and the estate hereby granted and conveyed shall become void. This Mortgage is executed and delivered subject to the following covenants, conditions and agreements: (1) The Note secured hereby shall evidence and this Mortgage shall cover and be security for any future loans or advances that maybe made by Mortgagee to Mortgagor at any time or tunes hereafter and Intended by Mortgagor and Mortgagee to be so evidenced and secured, and such loans 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 meohanics' liens w eh may be filed against said premises and which shall or might have priority In lien i or payment to the debt secured hereby, (c) pay and discharge any documentary stamp or other tax, i 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 mortgaged premises, with loss payable clauses in favor of Mortgagor and Mortgagee as their respective interests may appear, and (e) promptly submit to Mortgagee evidence of the due and punctual payment of all the foregoing charges; provided, however, that Mortgagee may at its option require that sums sufficient 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. Acct No AppID 23851401 Page 2oF4 (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 scoured 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 lien of this Mortgage. (6) Tn case default be made for the space of thirty (30) days in the payment of any installment of principal or interest pursuant to the terms of the Note, or In the performance by 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 of the same, together with costs of suit and an attorney's commission for collection of five percent (5 %) ofthe 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 inquisition and extension of time of payment, agrees to condemnation of any party levied upon by virtue 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 vold. 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. AcetNo ApplD 23851401 Page 3 of 4 Witness the due execution hereof the day and year fir ove written. ROGR E ELLEY ''J k DEBORAH A KELLEY Commonwealth of Pennsylvania. } ss: County of O k m b-e�21 ah0� On this, the day of , 2008 , before me, L�ta-nne f �� t'l 6 3 r�-� �t�L�Lt G - - die undersigned officer, personally appeared RQGER E KELLEY-AND DEBORAH A KELLEY satisfactorily proven to me to be the person (s) whose names are subscrib ed to the within Mortgage, and acknowledged that he/she executed the same for the purposes therein contained. In Witness Whereof, I hereunto sat my hand and official cal. My commission expires: T 0 PENNSYLVAN TA ' �Iirtarial Seal Luanne E. Kyle, Notary Publle Shippensburg Boro, Cumberland County My Commission EvIres Jan. 20, 2009 Member, Ponneylvanla Asemidon of Noted" Certificate of Residence, of Mortgagee Members 1ST Federal Credit Union, Mortgagee within n , hereby certifies that its res'de Is 5000 Louise Drive, Mechanicsburg, PA 17055. BY Acct No Appa) 23851401 Page 4 of 4 ti EXHIBIT A All that certain property situated in the Township of Southampton, in the County of Cumberland, Commonwealth of Pennsylvania , and being described as follows: 39- 13- 0106 -018F. Being more fully described in a deed dated 07/23/82 and recorded 08/03/82, among the land records of the County and State set forth above, in Deed Volume W -29 and Page 90. All that certain property situated in the Township of Southampton, in the County of Cumberland, Commonwealth of Pennsylvania , and being described as follows: 39- 13- 0106 -018E. Being more fully described in a deed dated 06/19/87 and recorded 06/25/87, among the land records of the County and State set forth above, in Deed Volume T -32 and Page 213, Permanent Parcel Number; 39 -13- 0106 -018F (Parcel 41) 39 -13- 0106 -018E (Parcel 42) ROGER E. KELLEY AND DEBORAH A. KELLEY, HUSBAND AND WIFE 222 STROHM ROAD, SHIPPENSBURG PA 17257 Loan Reference Number 238514 First American Order No: 14119099 Identifier: L /FIRST AMERICAN LENDERS ADVANTAGE II�� X111 INlI Ill IIII I(l� VIII III ICI n� < < n e ROBERT P. ZIEGLER RECORDER OF DEEDS, CUMBERLAND COUNTY .� 3 1 - COURTHOUSE - SQUARE CARLISLE, PA 17013" .717 - 240 -6370 Instrument Number - 200810944 Recorded On 4/8/2008 At 10:25:30 AM * Total Pages _ 6 * InstrumentType - MORTGAGE Invoice Number -18192 User ID - KW * Mortgagor - KELLEY, ROGER E Mortgagee - MEMBERS 1ST FEDERAL CR UN * Customer - FIRST AMERICAN * FEES STATE WMT TAX $0. Certification Page STATE JCS /ACCESS TO $10.00 JUSTICE RECORDING FEES - $13.50 DO NOT DETACH RECORDER OF DEEDS AFFORDABLE H OUSING $ 11.50 This page is now part C OUNTY ARCHIVES FEE $2 .00 of this legal document. ROD ARCKJWS FEE $3 .00 TOTAL PAID $40.50 I Certify this to be recorded in Cumberland County PA RECORDER O� 0 * - Information denoted by an asterisk may change durtag the verification process and nifty not be reflected on this page. III Illlfifll([I I I I[ilil II(II �'E FICA Union, ackno wledge I ' as an empl of Members ls' have tlz a Fe Federal Credit Union tY to execute this Verification on b deral Credit and certify that the foregoin of Members 1 ,1 U pon information which has been g Complaint in Mortgage Foreclosure is based nt is That language of this docume of in by my counsel in the P of the lawsuit. The the extent the Com lamt is based u el and not my ow I have read the doc P pop information ument and to and correct to the best ofm o which I have given o y knowledge, informatin t my counsel, it is true Complai is that of co and belief c ounsel, To the extent the content of the This , I have relied upon counsel in maki statement and Verification are made sub' thrs Verification. � relating to unworn falsification to authorities, whichothe penalties of"Pa, C,S. § 4904 averments, I may be subject to criminal penalties, p ro vides that if I knowingly g Y make false MEMBERS 1 ST FEDERAL CREDIT UNION B. N e: Title; 0;"L[{SW11antg111470 Membe„ 191111470 C""1111 11elloy111470.741,Ke1hy, Poredotwe Compl.1M,doc Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY FILED OFFICE OF THE PROTHONOTA4's 2014 APR 11 PM Ze 2 CU PENN YLVANIA Members 1st Federal Credit Union vs. Roger E Kelley (et al.) Case Number 2014 -2062 SHERIFF'S RETURN OF SERVICE 04/09/2014 01:44 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: Roger E Kelley at 222 Strohm Road, Southampton Townhip, Shippensburg, PA 17257. RIAN GRZYBOS 04/09/2014 01:44 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 handing a true copy to a person representing themselves to be Roger E. Kelley, Husband, who accepted as "Adult Person in Charge" for Deborah A Kelly at 222 Strohm Road, Southampton Townhip, Shippensburg, PA 17257. BRIAN GRZYBO SHERIFF COST: $67.09 SO ANSWERS, April 10, 2014 our tySu Sheriff. Te!eose ....v. RONPtY R ANDERSON, SHERIFF A-3/ FORM 3 Members 1st Federal Credit Union : IN THE COURT OF COMMON PIcBAS OF : CUMBERLAND COUNTY, PENNLWZWNIA -,- Plaintiff(s) rn T-71 i-__-: Z4...- -'C,, VS. �/.�' '- — I CD C: Roger E. Kelley and Deborah A. Kelley <Q --,; Defendant(s) 14-2062 CIVIL a ' ` D c t -C -< REQUEST FOR CONCILIATION CONFERENCE Pursuant to the Administrative Order dated February 28 , 2012 governing the Cumberland County Residential Mortgage Foreclosure Diversion Program, the undersigned hereby certifies as follows: 1. Defendant is the owner of the real property which is the subject of this mortgage foreclosure action; 2. Defendant lives in the subject real property, which is defendant's primary residence; 3. Defendant has been served with a "Notice of Residential Mortgage Foreclosure Diversion Program" and has taken all of the steps required in that Notice to be eligible to participate in a court -supervised conciliation conference. The undersigned verifies that the statements made herein are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. 1-4 6 -L- 2 &4 Defen ant's Counsel/Appointed Signature of se /Appointed Date Legal Representative Signature of Defendant Date Signature of Defendant ` Date MEMBERS 1ST FEDERAL CREDIT UNION, Plaintiff vs. ROGER E. KELLEY and DEBORAH A. KELLEY, Defendants AND NOW, this : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANI : CIVIL ACTION : NO. 14-2062 CIVIL CASE MANAGEMENT ORDER .9145 CD day of June, 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 3/ i i7, at 1 Q : 3d c 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 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. /"VChristopher Rice, Esquire Ten East High Street Carlisle, PA 17013 For the Plaintiff 'est Myers, Esquire 137 Park Place West Shippensburg, PA 17257 For the Defendants :rlm BY THE COURT, Kevin , Hess, P.J. MEMBERS 1ST FEDERAL CREDIT UNION, Plaintiff vs. ROGER E. KELLEY and DEBORAH A. KELLEY, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANI : CIVIL ACTION : NO. 14-2062 CIVIL ORDER AND NOW, this 7/ day of July, 2014, at the conciliation conference, it appearing that an appraisal of the property may aid in the resolution of this matter, counsel will cooperate in the scheduling of an appraisal. Continued conciliation conference is set for October 1, 2014, at 10:30 a.m. in Chambers of the undersigned. ✓ Aaron Haynes, Esquire Ten East High Street Carlisle, PA 17013 For the Plaintiff ✓ Forest Myers, Esquire 137 Park Place West Shippensburg, PA 17257 For the Defendants :rim CO 1 s P2 a`'Z t ILL V/V rY) BY THE COURT, MEMBERS 1ST FEDERAL CREDIT UNION, Plaintiff vs. ROGER E. KELLEY and DEBORAH A. KELLEY, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANI ; CIVIL ACTION : NO. 14-2062 CIVIL ORDER AND NOW, this /4' day of October, 2014, conciliation in this case is continued generally. The matter may be relisted at the request of either party. BY THE COURT, -7..Aon Haynes, Esquire Ten East High Street Carlisle, PA 17013 For the Plaintiff Forest Myers, Esquire 137 Park Place West Shippensburg, PA 17257 For the Defendants :rlm 0'1 \\MDWO04\SysWILES \Clients\11470 Members 1st \11470 Current \11470.321 Kelley\11470.321.petition.wpd Christopher E. Rice, Esquire Attorney I.D. No. 90916 Aaron S. Haynes, Esquire Attorney I.D. No. 307746 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff FILED -OFFICE THE PROTHONOTARY 2014 NOV 12 PM 3: 14 F CUMBERLAND COUNTY PENNSYLVANIA MEMBERS 1ST FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS OF UNION, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : NO. 14 - 2062 CIVIL TERM ROGER E. KELLEY AND DEBORAH A. KELLEY, Defendants : IN MORTGAGE FORECLOSURE PETITION TO REMOVE MATTER FROM MORTGAGE FORECLOSURE DIVERSION PROGRAM AND NOW, comes Plaintiff Members 1St Federal Credit Union, by and through its attorneys, MARTSON LAW OFFICES, and files this Petition to Remove Matter from Mortgage Foreclosure Diversion Program, and in support thereof states the following: 1. On April 4, 2014, Plaintiff, Members 101 Federal Credit Union ("Plaintiff'), filed a Complaint in Mortgage Foreclosure against Defendants Roger E. Kelley and Deborah A. Kelley. 2. On June 5, 2014, Defendants filed a request for conciliation conference pursuant to the Administrative Order dated February 28, 2012, governing the Cumberland County Residential Mortgage Foreclosure Diversion Program. 3. On June 9, 2014, this Honorable Court entered a Case Management Order scheduling a conciliation conference for July 31, 2014. 4. Before the scheduled conciliation conference, Plaintiff agreed to provide Defendants a new loan amount to allow Defendants to remain in their house. 5. Plaintiff required a scheduled appraisal to be conducted to provide Plaintiff with an accurate estimate as to the value of the home, to be used in determining the important facets of a new loan, such as interest rate, monthly payment amount, and the actual amount of the loan. 6. On July 31, 2014, the appraisal had yet to be scheduled or conducted due to Defendants' failure to return the calls of Plaintiff's appraiser. 7. The Court, therefore, postponed the conciliation conference until October 1, 2014, giving both parties enough time to have an appraisal conducted. 8. On October 1, 2014, the conciliation was continued generally to allow the loan approval process using the information gained from the appraisal that was scheduled for October 2, 2014. 9. Plaintiff required more specific information from the Defendants in order to offer them a new loan. 10. On October 22, 2014, Plaintiff sent a packet requesting additional information to Defendants' counsel. See document attached hereto as Exhibit "A". 11. Plaintiffs counsel spoke with Defendants' counsel on October 22, 2014, regarding the new loan application information. 12. Plaintiff did not receive the requested information from Defendants. 13. On October 30, 2014, Plaintiff sent a follow up letter to Defendants' counsel to request the missing information Plaintiff requested on October 22, 2014. 14. As of this date, no information has been provided by either Defendants, or Defendants' counsel. 15. Plaintiff has provided every accommodation to Defendants, but to no avail. WHEREFORE, Plaintiff requests that this Honorable Court remove this matter from the Mortgage Foreclosure Diversion Program so that it may proceed with mortgage foreclosure, as further time attempting to resolve the issues will not be fruitful due to Defendants' failure to fully cooperate. MARTSON LAW OFFICES Csto oher E. Rice, I.D. No. 90916 Aaron . Haynes, Esqui I.D. No. 307746 Ten Eas ` High Street Carlisle, PA 17013-3093 `/ a/��I (717) 243-3341 Date: ` , 2014 Attorneys for Plaintiff This is a debt collecting firm attempting to collect a debt for Members 1St Federal Credit Union. Any information obtained will be used for that purpose. EXHIBIT "A" ?P�Iy''M�'If�1E�xfjt,'r,'t''��IIWF aw Ililllll ON Good Faith Estimate (GFE) Name of Originator MEMBERS 1ST FEDERAL CREDIT UNION Originator Address 5000 LOUISE DRIVE MECHANICSBURG, PA 17055 Originator Phone Number 800-283-2328 Originator Email OMB Approval No. 2502-0265 Borrower ROGER E KELLEY AND DEBORAH KELLEY Property 222 STROHM ROAD, SHIPPENSBURG, PA Address 17257 Date of OFT OCTOBER 17, 2014 Purpose Shopping for your loan This GFE gives you an estimate of your settlement charges and loan terms if you are approved for this loan. For more information, see HUD's Special Information Booklet on settlement charges, your Truth -in -Lending Disclosures, and other consumer information at www.hud.gov/respa. If you decide you would like to proceed with this loan, contact us. Only you can shop for the best loan for you. Compare this GFE with other loan offers, so you can find the best loan. Use the shopping chart on page 3 to compare all the offers you receive. Important 1. The interest rate for this GFE is available throughk1l/19/ 14 @5 EST After this time, the interest dates rate, some of your loan Origination Charges, and the monthly payment shown below can change until you lock your interest rate. Summary of your loan Escrow account information Summary of your settlement charges 2. This estimate for all other settlement charges is available through I 09/29/14 3. After you lock your interest rate, you must go to settlement within INA days (your rate lock period) to receive the locked interest rate. 4. You must lock the interest rate at least I—I days before settlement. Your initial loan amount is $ 36, 900.00 10 years Your loan term is Your initial interest rate is 7 . 990 % Your initial monthly amount owed for principal, interest, and any mortgage insurance is $ 447.51 per month Can your interest rate rise? ® No 0 Yes, it can rise to a maximum of %. The first change will be in . Even if you make payments on time, can your loan balance rise? ® No 0 Yes, it can rise to a maximum of $ , Even if you make payments on time, can your monthly amount owed for principal, interest, and any mortgage insurance rise? ® No 0 Yes, the first increase can be in and the monthly amount owed can rise to $ . The maximum it can ever rise to is $ Does your loan have a prepayment penalty? ® No 0 Yes, your maximum prepayment penalty is $ Does your loan have a balloon payment? ® No 0 Yes, you have a balloon payment of $ due in years. Some lenders require an escrow account to hold funds for paying property taxes or other property -related charges in addition to your monthly amount owed of $ Do we require you to have an escrow account for your loan? 0 No, you do not have an escrow account. You must pay these charges directly when due. ® Yes, you have an escrow account. It may or may not cover all of these charges. Ask us. 447.51 B Your Adjusted Origination Charges (See page 2.) Your Charges for All Other Settlement Services (See page 2.) Total Estimated Settlement Charges $ 0 870.80 870.80 Good Faith Estimate (HUG-GFE) VMP Wolters Kluwer Financial Services LOAN ID:HPMKELLEY 11(17108 Page 1 of 3 VMP118F (1003),02 Understanding your estimated settlement charges Some of these charges can change at settlement. See the top of page 3 for more information. Your Adjusted Origination Charges 1. Our origination charge This charge is for getting this loan for you. 0 2. Your credit or charge (points) for the specific interest rate chosen 0 E The credit or charge for the interest rate of 1 7 . 9901 % is included in "Our origination charge," (See item I above.) ❑ You receive a credit of $ I !for this interest rate of I1% - This credit reduces your settlement charges. ❑ You pay a charge of $1 I for this interest rate of 1%. This charge (points) increases your total settlement charges. The tradeoff table on page 3 shows that you can change your total settlement charges by choosing a different interest rate for this loan. A Your Adjusted Origination Charges $0 Your Charges for All Other Settlement Services 3. Required services that we select These charges are for services we require to complete your settlement. We will choose the providers of these services. Service Charge Service Charge 0 4. Title services and lender's title insurance This charge includes the services of a title or settlement agent, for example, and title insurance to protect the lender, if required. 0 5. Owner's title insurance You may purchase an owner's title insurance policy to protect your interest in the property. shop for that are required to complete your settlement. We can or you can shop for them yourself. Our estimates for Charge Service Charge NA 0 6. Required services that you can These charges are for other services identify providers of these services providing these services are below. Service 7. Government recording charges These charges are for state and local fees to record your loan and title documents. 0 8. Transfer taxes These charges are for state and local fees on mortgages and home sales. 0 9. Initial deposit for your escrow account This charge is held in an escrow account to pay future recurring charges on your property and includes ® all property taxes, ® all insurance, and ❑ other 800.00 10. Daily interest charges This charge is for the daily interest first day of the next month or the on your loan first day of per day for 15 from the day of your settlement until the your normal mortgage payment cycle. This 7 0.80 amount is $1 8 . 077 6 1 days (if your settlement isl 10 /30 /1 4 1). 11. Homeowner's insurance This charge is for the insurance you must buy for the property to protect from a loss, such as fire. Policy Charge Policy Charge 0 B Your Charges for All Other Settlement Services $ 870.60 B Total Estimated Settlement Charges - $ 870.80 Good Faith Estimate (HUD-GFE) VMP ® Wolters Slower Financial Services 1I }pppp 11/17/08 Page 2 of 3 VMPI 16F (1003).02 Instructions Understanding which charges can change at settlement Using the tradeoff table Using the shopping chart This GFE estimates your settlement charges. At your settlement, you wilt receive a HUD -1, a form that lists your actual costs. Compare the charges on the HUD -1 with the charges on this GFE. Charges can change if you select your own provider and do not use the companies we identify. (See below for details.) These charges cannot increase at settlement: • Our origination charge • Your credit or charge (points) for the specific interest rate chosen (after you lock in your interest rate) • Your adjusted origination charges (after you lock in your Interest rate) • Transfer taxes The total of these charges can increase up to 10% at settlement: • Required services that we select • Title services and lender's title insurance (if we select them or you use companies we identify) • Owner's title insurance (tjyou use companies we identify) • Required services that you can shop for (ijyou use companies we Identify) • Government recording charges These charges can change at settlement: ▪ Required services that you can shop for (fyou do not use companies we identify) • Title services and lender's title insurance ((f you do not use companies the identify) • Owner's title insurance (if you do not use companies we identify) • Initial deposit for your escrow account • Daily interest charges • Homeowner's insurance In this GFE, we offered you this loan with a particular interest rate and estimated settlement charges. However: • If you want to choose this same loan with lower settlement charges, then you will have a higher interest rate. • If you want to choose this same loan with a lower interest rate, then you will have higher settlement charges. If you would like to choose an available option, you must ask us for a new GFE. Loan originators have the option to complete this table. Please ask for additional information if the table is not completed. 'For an adjustable rate loan, the comparisons above are for the initial Interest rate before adjustments are made. Use this chart to compare GFEs from different loan originators. Fill in the information by using a different column for each GFE you receive. By comparing loan offers, you can shop for the best loan. The loan irrthis GFE $ 36, 900.00 The same loan with lower settlement charges $ The same loan with a lower interest rate $ Your initial loan amount Your initial interest rate t 7.990 °/ % % Your initial monthly amount owed $ 447.51 $ $ Change in the monthly amount owed from this GFE No change You will pay $ more every month You will pay $ less every month Change in the amount you will pay at settlement with this interest rate No change Your settlement charges will be reduced by $ Your settlement charges will increase by $ How much yotir total estimated settlement charges will be $ 870.80 $ $ 'For an adjustable rate loan, the comparisons above are for the initial Interest rate before adjustments are made. Use this chart to compare GFEs from different loan originators. Fill in the information by using a different column for each GFE you receive. By comparing loan offers, you can shop for the best loan. If your loan is Some lenders may sell your loan after settlement. Any fees lenders receive in the future cannot change the loan you receive or the sold in the future charges you paid at settlement. Good Faith Estimate (ti UG-GFE) VIA ® Wolters xluw er Financial services r sfir 11117108 Page 3 of 3 VMP516F (10031.02 This loan MEMBERS 1ST FEDERA Loan 2 Loan 3 Loan 4 Loan originator name Initial loan amount $ 36, 900.00 Loan term 10 years Initial interest rate 7.990 Initial monthly amount owed $ 447.51 Rate lock period P Can interest rate rise? NO Can loan balance rise? NO Can monthly amount owed rise? NO Prepayment penalty? NO Balloon .a mem? NO Total Estimated Settlement Charges $ 870.80 If your loan is Some lenders may sell your loan after settlement. Any fees lenders receive in the future cannot change the loan you receive or the sold in the future charges you paid at settlement. Good Faith Estimate (ti UG-GFE) VIA ® Wolters xluw er Financial services r sfir 11117108 Page 3 of 3 VMP516F (10031.02 Truth -in -Lending Disclosure Statement Lender Borrower Date MEMBERS 1ST FEDERAL CREDIT UNION ROGER E KELLEY AND DEBORAH KELLEY OCTOBER 17,2014 5000 LOUISE DRIVE MECHANICSBURG, PA 17055 Property Address: 222 STROHM ROAD SHIPPENSBURG, PA 17257 Loan Number n Preliminary 1 1 Final ANNUAL PERCENTAGE FINANCE CHARGE Amount Financed Total of Payments RATE The dollar amount the credit will The amount of credit provided The amount you will have The cost of your credit as a yearly rate. cost you. to you or on your behalf. paid after you have made all payments as scheduled. 7.990 %E $ 16,922.36E $ 36778.84E $ 53,701.20E INTEREST RATE AND PAYMENT SUMMARY Final Balloon Payment due 0 Demand Feature. This obligation has a demand feature. 1 1 :$ This loan is payable on demand and all disclosures are based on an assumed maturity of one year. No Guarantee to Refinance. There is no guarantee that you will be able to refinance to lower your rate and payments. Security. You are giving a security interest in: the goods or property being purchased. (brief description of other property) 222 STROHM ROAD SHIPPENSBURG, PA 17257 collateral securing other loans with us. 1x1 Assumption. Someone buying this property cannot assume the remainder of the mortgage on the original terms. may assume, subject to conditions, the remainder of the mortgage on the original terms. Ix1 Filing/Recording Fees. $ Property Insurance. Property insurance may be obtained from anyone that is acceptable to Lender. If property insurance is obtained from or through Lender, the cost is $ N/A for a N/A term of coverage. e means estimate Truth in Lending Disclosure -Fixed Rate VMP Wolters Kluwer Financial Services ©2010 VM P703A (101 1).00 Page 1 of 2 Rate & MONTHLY Payment Interest Rate 7.990 %E Principal + Interest Payment $ 447.51E Estimated Taxes + Insurance (Escrow) $ 400 . 0 0 E 1 Includes Private Mortgage Insurance I I Includes Mortgage Insurance Total Estimated MONTHLY Payment $ 847.51E Final Balloon Payment due 0 Demand Feature. This obligation has a demand feature. 1 1 :$ This loan is payable on demand and all disclosures are based on an assumed maturity of one year. No Guarantee to Refinance. There is no guarantee that you will be able to refinance to lower your rate and payments. Security. You are giving a security interest in: the goods or property being purchased. (brief description of other property) 222 STROHM ROAD SHIPPENSBURG, PA 17257 collateral securing other loans with us. 1x1 Assumption. Someone buying this property cannot assume the remainder of the mortgage on the original terms. may assume, subject to conditions, the remainder of the mortgage on the original terms. Ix1 Filing/Recording Fees. $ Property Insurance. Property insurance may be obtained from anyone that is acceptable to Lender. If property insurance is obtained from or through Lender, the cost is $ N/A for a N/A term of coverage. e means estimate Truth in Lending Disclosure -Fixed Rate VMP Wolters Kluwer Financial Services ©2010 VM P703A (101 1).00 Page 1 of 2 Late Charges. If your payment is more than 15 days late, a late charge will be assessed as follows: 4$ OF OVERDUE PAYMENT. Prepayment. If you pay off your loan early, you may I Xl will not have to pay a penalty. may I xl will not be entitled to a refund of part of the finance charge. I 1 1 .1 Required Deposit. The Annual Percentage Rate does not take into account your required deposit. See your contract documents for any additional information about non-payment, default, any required repayment in full before the scheduled date, and prepayment refunds and penalties. You are not required to complete this agreement merely because you have received these disclosures or signed a loan application. e means estimate Borrower ROGER E KELLEY Date DEBORAH KELLEY Date Date Date Refer to the attached Signature Addendum for additional parties and signatures. Truth In Lending Disclosure -Fixed Rate VMP 8 Wolters Kluwer Financial Services 02010 VMP703A (1011).00 Page 2 of 2 Good Faith Estimate (GFE) Acknowledgment Originator Borrower Date MEMBERS 1ST FEDERAL CREDIT UNION ROGER E KELLEY AND DEBORAH OCTOBER 17, 2014 KELLEY 5000 LOUISE DRIVE Loan Number MECHANICSBURG, PA 17055 Property Address 222 STROHM ROAD, SHIPPENSBURG, PA 17257 By signing below, I acknowledge that I received, on the date shown by my signature, a completed copy of the Good Faith Estimate form (dated OCTOBER 17, 2014 Borrower ROGER E KELLEY Date DEBORAH KELLEY Date Date Date Refer to the attached Signature Addendum for additional parties and signatures. GFE Acknowledgment VMP ® Wolters Kluwer Financial Services ei 2009 VMP116.4 (0911).00 Page 1 of 1 CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent for Martson Law Offices, hereby certify that a copy of the foregoing Petition was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Forest N. Myers, Esquire 137 Park Place West Shippensburg, PA 17257 MARTSON LAW OFFICES By: Dated: ///)02//7 Viegikee) M... i . Price Ten ' . st High Street Carlisle, PA 17013 (717) 243-3341 MEMBERS 1ST FEDERAL CREDIT UNION, Plaintiff vs. ROGER E. KELLEY and DEBORAH A. KELLEY, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANI : CIVIL ACTION : NO. 14-2062 CIVIL IN RE: PETITION TO REMOVE MATTER FROM MORTGAGE FORECLOSURE DIVERSION PROGRAM ORDER AND NOW, this 2 r day of November, 2014, a rule is issued on the defendants to show cause why the relief requested in the within Petition ought not to be granted. This rule returnable ten (10) days after service. ...-Aaron Haynes, Esquire Ten East High Street Carlisle, PA 17013 rn w For the Plaintiff (J, Forest Myers, Esquire 137 Park Place West Shippensburg, PA 17257 r-_- For the Defendants BY THE COURT, :rlm eop; els /irtc:, X d /// �- %, r.) IN THE COURT OF COMMON PLEAS OF THE 9th JUDICIAL DISTRICT CUMBERLAND COUNTY - PENNSYLVANIA MEMBERS 1ST FEDERAL CREDIT UNION IN MORTGAGE FORECLOSURE Plaintiff No. 14 - 2062 v. ROGER E. KELLEY and DEBORAH A. KELLEY, Defendants ANSWER TO PETITION TO REMOVE MATTER FROM MORTGAGE FORECLOSURE DIVERSION PROGRAM C) rnc7)70.. rz • COME NOW, the Defendants, ROGER E. KELLEY and DEBORAH A. KELLEY, by and through their attorney, Forest N. Myers, Esquire, and file this Answer to Petition to Remove Matter from Mortgage Foreclosure Diversion Program: 1. Admitted. 2. Admitted. 3. Admitted. 4. The averments of paragraph 4 are admitted. By way of further Answer, defendants aver that the loan offered to them by the Plaintiff was for an amount in excess of the amount claimed in the Mortgage Foreclosure action and at a rate of interest in excess of what was being charged to other customers of the Plaintiff. 5. Admitted in part and denied in part. Defendants admit that an appraisal of the real property was to be conducted. Defendants deny that the purpose of the appraisal was for the purpose of determining important facets of a new loan. On the contrary, the loan offered to the Defendants identified under paragraph 4, contained terms and conditions established prior to any request for an appraisal. 6. Denied. By way of further answer, Defendant believe and therefore aver that they were at all times ready and available to accommodate an appraiser inasmuch as the husband Defendant is disabled and at the residence at all times during the day. Strict proof of the attempts to schedule an appraisal or telephone calls to the Defendants' residence is demanded. 7 Admitted 8. Admitted in part and denied in part. It is admitted that the Conciliation Conference scheduled for October 1, 2014 was continued. It is denied that the purpose of the continuance was for the sole purpose of allowing the loan process based on an October 2, 2014 appraisal. 9. The averments of paragraph 9 are conclusion and no answer is required. Strict proof thereof is required. 10. It is admitted that Defendants' counsel received a packet from Plaintiff on or about October 22, 2014. It is denied that the packet requested additional information, on the contrary, the packet, Exhibit "A" of Plaintiffs Petition was a loan package from Members 1st for a loan on the exact terms as were presented to Defendants previously and did not request any further information from Defendants. 11. Admitted that Plaintiffs Counsel spoke to Defendants' Counsel concerning the loan application. It is denied that the conversation concerned additional information since the loan application had been completed by the Plaintiff and therefore no information was required. 12. Denied. Defendant did at the request of Plaintiffs Counsel, supply additional information including pay stubs and information concerning Defendant husband's Social Security Disability as well as an updated schedule of assets and liabilities. Said information was sent by facsimile on October 14, 2014 to facsimile number 717 243- 1850 which is listed on the letterhead of Martson Law Offices, Counsel for the Plaintiff, as the facsimile number of the law firm. Defendants' Counsel received a report from the sending facsimile of the receipt by the receiving facsimile of an "ok" result of 6 pages. 13. Defendant's Counsel denies that he ever received a letter from Plaintiffs Counsel dated October 30, 2014. 14. Denied. By way of further answer Defendant's Counsel incorporates the answer to paragraph 12 above as though fully set forth herein. 15. Denied. From the date of the filing of its action in Foreclosure and continuing to the present, Plaintiff has failed to act in good faith. Offers of loans for amounts substantially in excess of the amount claimed in the Complaint in Mortgage Foreclosure and with interest rates in excess of what is otherwise available to customers of Members 1st Federal Credit Union do not represent accommodation to the Defendants. Plaintiff's Counsel has never been prepared at any Conciliation Conference to discuss this matter in any way that would permit the Defendants to remain in their home and continue payments. WHEREFORE, Defendants request Your Honorable Court to continue this matter in the Mortgage Foreclosure Diversion Program and to dismiss Plaintiff's Petition to remove the case from the Program. NEW MATTER 16. Paragraphs 1 through 15 are incorporated herein by reference as though fully set forth. 17. Defendant husband has been permanently disabled and receiving Social Security Disability Income. Defendant wife was laid off from her job at Ross Distribution and has been unable to replace her income instead having to work as a domestic for a contractor at Volvo Construction Equipment. 18. Defendants have two loans at Members 1st, Plaintiff, totaling $22,394.63 with interest rates of 10.19% and 9.44%. 19. Plaintiff has offered to lend Defendants $36,900 with an interest rate of 7.99% and a monthly payment of $847.51 including escrow for taxes and insurance. 20. The payment under this loan represents 35% of the monthly income of Defendants. 21. Plaintiff has never sought any dialogue with Defendants concerning their ability to pay the monthly payment. 22. The value of Defendant's residence as determined by the appraiser for the Plaintiff is $187,000. 23. Defendants are prepared and able to make a reasonable payment but have never been requested by Plaintiff to discuss the loan. WHEREFORE, Defendants request Your Honorable Court to continue the case in the Mortgage Foreclosure Diversion Program and require Plaintiff to meet with the Defendants with a proposal which is mutually acceptable to refinance the existing loans of Defendants. Dated: —Z$ --o '.' Forest N. vers, Esq. 137 Park PI W Shippensburg PA 17257 717.532.9046 717.532.8879 fnmyersAIawofficeforestmyers.com Attorney ID No. 18064 I verify that the statements made in the foregoing Answer are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904, relating to unsworn falsification to authorities. Date: Rte,- E ,e ROGER E. KELLEY, Plai ivd,k a/ DRAH A. KELLEY, , Plai CERTIFICATE OF SERVICE I, Forest N. Myers, attorney for the Defendants in the within captioned matter, hereby certify that a true copy of the Foregoing Answqer to Petition was served this date by depoiting same in the Post Office, , PA. first class mail, postage prepaid, addressed as follows: Aaron S. Haynes, Esquire Martson Law Offices 10 East High Street Carlisle PA 17013 November , 2014 Forest N. Myers 137 Park Place West Shippensburg PA 17257 ATTY ID 18064 717 532-9046 MEMBERS 1ST FEDERAL CREDIT UNION, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANI vs. : CIVIL ACTION : NO. 14-2062 CIVIL ROGER E. KELLEY and DEBORAH A. KELLEY, Defendants IN RE: PETITION TO REMOVE MATTER FROM MORTGAGE FORECLOSURE DIVERSION PROGRAM ORDER AND NOW, this 3-4 day of December, 2014, a conciliation conference in the above matter is set for Tuesday, January 13, 2015, at 10:30 a.m. in Chambers of the undersigned. BY THE COURT, 4/1 Kevin ° Hess, P.J. Aaron Haynes, Esquire Ten East High Street Carlisle, PA 17013 For the Plaintiff ✓ Forest Myers, Esquire 137 Park Place West Shippensburg, PA 17257 For the Defendants :rim __ 'es trZ,vg LL spct m C) MEMBERS 1ST FEDERAL CREDIT UNION, Plaintiff vs. ROGER E. KELLEY and DEBORAH A. KELLEY, Defendants : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANI : CIVIL ACTION : NO. 14-2062 CIVIL IN RE: CONCILIATION CONFERENCE ORDER AND NOW, this / 3 day of January, 2015, it appearing that this matter has reached an impasse, the conciliation conference is continued for a period of thirty (30) days. Unless some resolution can be reached, which is satisfactory to the parties, prior to the close of business on Friday, February 13, 2015, this matter will be removed from the Cumberland County Mortgage Foreclosure Diversion Program upon written request of the plaintiff. BY THE COURT, ✓ Aaron Haynes, Esquire Ten East High Street Carlisle, PA 17013 For the Plaintiff orest Myers, Esquire 137 Park Place West Shippensburg, PA 17257 For the Defendants GAT l'e—C 111 -‘1115 -CL H/! S