HomeMy WebLinkAbout14-3866 Supreme Court- Pennsylvania
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Court9UC6inmoli Pleas For Prothonotary Use Only:
Cjvil'Cover Sheet Docket No:
Cur>kierland&' County
The information collected on this form is used solely for court administration purposes. This form does not
supplement or replace the filing and service ofpleadings or other papers as required by law or rules of court.
Commencement of Action:
S ;x Complaint I_a Writ of Summons � Petition
Transfer from Another Jurisdiction 0 Declaration of Taking
E
C Lead Plaintiff's Name: Lead Defendant's Name:
SRMOF 11 2012-1 Trust, et al. Members 1st Federal Credit Union
T
I Are money damages requested? 0 Yes X, No Dollar Amount Requested: Owithin arbitration limits
(check one) Qoutside arbitration limits
01
N Is this a Class Action Suit? 0 Yes X, No Is this an MDJAppeal? 0 Yes El No
A Name of Plaintiff/Appellant's Attorney: Michael P. Coughlin, Esquire
0 Check here if you have no attorney(are a Self-Represented JPro Set :Litigant)
Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your
PRIMARY CASE. If you are making more than one type of claim, check the one that
you consider most important.
TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS
0 Intentional 0 Buyer Plaintiff Administrative Agencies
0 Malicious Prosecution Eli Debt Collection:Credit Card 0 Board of Assessment
0 Motor Vehicle L_II Debt Collection:Other Q Board of Elections
Nuisance 0 Dept.of Transportation
0 Premises Liability 0 Statutory Appeal:Other
S 0 Product Liability (does not include Employment Dispute:
E mass 1017)
0 Slander/Libel/Defamation Discrimination
C 0 Other: Employment Dispute:Other El Zoning Board
T 0 Other:
I Other:
O MASS TORT
0 Asbestos
N 0 Tobacco
0 Toxic Tort-DES
0 Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS
0 Toxic Waste
Other: ED Ejectment Q Common Law/Statutory Arbitration
B 0 Eminent Domain/Condemnation 0 Declaratory Judgment
Ground Rent 0 Mandamus
Q Landlord/Tenant Dispute 0 Non-Domestic Relations
0 Mortgage Foreclosure:Residential Restraining Order
PROFESSIONAL LIABLITY 0 Mortgage Foreclosure:Commercial 0 Quo Warranto
0 Dental 0 Partition 0 Replevin
0 Legal Quiet Title 0 Other:
Q Medical Q Other:
0 Other Professional:
Updated 1/1/2011
KAPLIN STEWART MELOFF REITER& STEIN,P.C. ,� 1101' TA;'
By: Michael P. Coughlin,Esquire t ` �'J (
I.D.No.43793
Union Meeting Corporate Center PES{IYFi "I ND
910 Harvest Drive S YL VAO UN T y
Blue Bell,Pennsylvania 19422 Attorneys for Plaintiff
NIA
(610)941-2456
SRMOF 11 2012-1 TRUST,U.S.BANK TRUST
NATIONAL ASSOCIATION,NOT IN ITS COURT OF COMMON PLEAS
INDIVIDUAL CAPACITY BUT SOLELY AS CUMBERLAND COUNTY A
TRUSTEE J� 30p��9999 Richmond Avenue,Ste.400 No. /
Houston,TX 77042,
Plaintiff,
V.
MEMBERS 1sT FEDERAL CREDIT UNION
5000 Louise Drive
Mechanicsburg,PA 17056,
Defendant.
NOTICE TO DEFEND
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
without further notice for any money claimed in the complaint of for any other claim 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL
HELP.
Cumberland County Bar Association
32 S.Bedford Street
Carlisle,PA 17013
(717)249-3166
0� P
3459803vi
KAPLIN STEWART MELOFF REITER& STEIN,P.C.
By: Michael P. Coughlin, Esquire
I.D.No. 43793
Union Meeting Corporate Center
910 Harvest Drive
Blue Bell,Pennsylvania 19422 Attorneys for Plaintiff
(610)941-2456
SRMOF 11 2012-1 TRUST,U.S.BANK TRUST
NATIONAL ASSOCIATION,NOT IN ITS COURT OF COMMON PLEAS
INDIVIDUAL CAPACITY BUT SOLELY AS CUMBERLAND COUNTY,PA
TRUSTEE
9999 Richmond Avenue,Ste.400 No.
Houston,TX 77042,
Plaintiff,
V.
MEMBERS 1'FEDERAL CREDIT UNION
..5000 Louise Drive
Mechanicsburg,PA 17056,
Defendant.
COMPLAINT
Plaintiff, SRMOF. II 2012-1 Trust, U.S. Bank Trust National Association, Not In Its
Individual Capacity But Solely as Trustee ("Trust"), by its attorneys, hereby complains of
Defendant,Members 1St Federal Credit Union("Federal"),as follows:
PARTIES
1. The Trust is a trust entity with a place of business at the above-stated address.
2. Federal is a federal credit union with a place of business at the above-stated
address.
THE COMMUNITY FIRST BANK LOAN
3. Anna M. Bowker ("Bowker") is the record owner of the property located at 319
S. Market Street,Mechanicsburg,PA 17055,Tax Parcel No. 17-24-0787-066 ("Property"). .
3459803x1
4. Bowker and her former husband, William W. Bowker, acquired title to the
Property by Deed dated July 14, 1958, which Deed is recorded in the Cumberland County
Recorder of Deeds Office("Recorder's Office")in Book N18,Page 462 ("Deed").
5. A true and correct copy of the Deed is attached hereto as Exhibit 4" and
incorporated herein by reference.
6. William Bowker died on November 27, 1993 whereupon Bowker became the sole
owner of the Property by operation of law.
7. On September 24, 2009, Community First Bank ("Community") extended to
Bowker a loan in the original principal amount of $123,728.00) ("Community Loan") to
refinance and pay off two mortgages against the Property.
8. Settlement in connection with the Community Loan occurred on September 24,
2009 as evidenced by the "HUD-lA Settlement Statement" ("Settlement Statement") from the
settlement, a true and correct copy of which is attached hereto as Exhibit 112" and incorporated
herein by reference.
9. At all times material hereto,the Community Loan was intended to be secured by a
first-position mortgage against the Property.
10. As security for the repayment of the Community Loan, at settlement, Bowker
executed a "Mortgage" dated September 24, 2009 in favor of Mortgage Electronic Registration
Systems, Inc., as nominee for Community, a true and correct copy of which is attached hereto as
Exhibit 113" and incorporated herein by reference("Community Mortgage").
11. The Community Mortgage was recorded on September 30, 2009 in the Recorder's
Office as Instrument No. 200933617.
3459803v1
12. Immediately prior to settlement of the Community Loan, the Property was
encumbered by the following two mortgages:
• a first-position "Open-End Mortgage" dated July 16, 2004 in favor of
Federal in the original principal amount of $40,000.00 and recorded on
July 27, 2004 in the Recorder's Office in Book 1874, Page 4563
("Federal Mortgage"); and
• a second-position "Mortgage" dated January 27, 2009 in favor of
Beneficial Homeowner Service Corporation in the original principal
amount of$72,229.43 and recorded on January 30, 2009 in the Recorder's
Office as Instrument No. 200902547("Beneficial Mortgage").
13. On information and belief, the Federal Mortgage secured a line of credit extended
by Federal to Bowker.
14. A true and correct copy of the Federal Mortgage is attached hereto as Exhibit 114"
and incorporated herein by reference.
THE PAYOFF OF THE FEDERAL MORTGAGE
AND THE BENEFICIAL MORTGAGE
15. In order to ensure that the Community Mortgage constituted a first-position
mortgage against the Property, the title agent that conducted the settlement of the Community
Loan, ABL Settlement Solutions ("Title Agent"), paid $72,484.25 from the proceeds of the
Community Loan to Beneficial to pay off and satisfy the Beneficial Mortgage. See Line 1501 of
the Settlement Statement.
16. The Beneficial Mortgage has been satisfied of record.
17. In order to ensure that the Community Mortgage constituted a first-position
mortgage against the Property,the Title Agent also obtained a payoff statement dated September
16,2009 from Federal for the Federal Mortgage("Payoff Statement").
18. A true and correct copy of the Payoff Statement is attached hereto as Exhibit"5"
and incorporated herein by reference.
3459803vl
19. ' The Payoff Statement stated that it was"good through October 16,2009".
20. In accordance with the Payoff Statement, at settlement and from the proceeds of
the Community Loan, the Title Agent forwarded a check in the amount of$39,195.56 to Federal
to pay off and satisfy the Federal Mortgage ("Payoff Check"). See Line 1502 of the Settlement
Statement.
21. A true and correct copy of the Payoff Check is attached hereto as Exhibit 116" and
incorporated herein by reference.
22. The Payoff Check on its face states that it is a"MORTGAGE PAYOFF".
23. The Payoff Check was accompanied by a type-written letter dated September 23,
2009 signed by Bowker ("Instruction Letter") enclosing the Payoff Check and instructing
Federal to "payoff and close out completely our existing Mortgage/Home Equity Loan".
Specifically,the Instruction Letter provides:
"Date: 09/23/2009
Lender: Members 1 st Federal Credit Union
Account#18425-03
Address: 5000 Louise Drive, PO Box 40, Mechanicsburg, PA
17055
RE: Anna M. Bowker
Dear Lender:
Enclosed is a check in the amount of $39,195.56 to payoff and
close out completely our existing Mortgage / Home Equity Loan.
Please send the original Satisfaction/Release immediately to:
ABL Settlement Solutions
1501 Reedsdale Street
Pittsburgh,PA 15233
Please forward all paid documents with a copy of the
release/satisfaction to the borrower at:
3459803v1
Anna M. Bowker
319 S.Market Street
Mechanicsburg,PA 17055
If you have any questions, please contact Community First Bank
Loan Services.
Thank you.
Anna M.Bowker"
24. The Instruction Letter specifically references Federal's account number for the
Federal Mortgage(18425-03).
25. A true and correct copy of the Instruction Letter is attached hereto as Exhibit"7"
and incorporated herein by reference.
26. Federal received the Payoff Check and the Instruction Letter signed by Bowker
and cashed the Payoff Check.
27. On information and belief, Federal never notified the Title Agent or Community
that the Payoff Check was insufficient in any manner to pay off the then outstanding balance due
and owing under the Federal Mortgage.
FEDERAL'S FAILURE TO SATISFY THE FEDERAL MORTGAGE
28. Notwithstanding that Federal received and cashed the Payoff Check, Federal
failed to cause the Federal Mortgage to be satisfied or released of record.
29. Notwithstanding that Federal received and cashed the Payoff Check, and contrary
to Bowker's instructions in the Instruction Letter, Federal failed to close the line of credit which
the Federal Mortgage secured.
30. As a result, after it received and cashed the Payoff check, Federal permitted
Bowker to draw additional funds under the line of credit account which the Federal Mortgage
secured.
3459803vt
THE ASSIGNMENT OF THE LOAN TO THE TRUST
AND THE SHERIFF SALE OF THE PROPERTY
31. Pursuant to an "Assignment of Mortgage"recorded on December 13, 2013 in the
Recorder's Office as Instrument No. 201339315 (the "Assignment"), the Trust became the
holder of the Community Loan and the Community Mortgage.
32. A true and correct copy of the Assignment is attached hereto as Exhibit "S" and
incorporated herein by reference.
33. The Trust caused the Property to be sold at Sheriff Sale pursuant to the
Community.Mortgage on February 5, 2014.
34. The Trust was the successful bidder at the Sheriff Sale.
35. The Sheriff's Deed conveying title to the Property to the Trust was recorded on
April 10,2014 in the Recorder's Office as Instrument No.201407351.
36. A true and correct copy of the Sheriff's Deed is attached hereto as Exhibit 119"
and incorporated herein by reference.
37. The Trust currently holds title to the Property.
THE DISPUTE
38. Federal contends that the outstanding balance owed under the Federal Mortgage is
presently in excess of$44,777.59.
39. Despite repeated demands, Federal has refused to satisfy or release the Federal
Mortgage of record unless Federal is paid the full outstanding balance allegedly owed under the
Federal Mortgage.
34598030
COUNT I—QUIET TITLE
40. All paragraphs above are incorporated herein by reference.
41. Pa.R.C.P. 1061(b)provides in part:
"(b) The action [to quiet title]may be brought
(1) to compel an adverse party to commence an action of
ejectment;
(2) where an action of ejectment will not lie, to determine any
right, lien, title or interest in the land or determine the validity or
discharge of any document, obligation or deed affecting any right,
lien,title or interest in land;
(3) to compel an adverse parry to file, record, cancel, surrender
or satisfy of record, or admit the validity, invalidity or discharge
of, any document, obligation or deed affecting any right, lien, title
or interest in land;or
(4) to obtain possession of land sold at a judicial or tax sale."
42. Pa.R.C.P. 1066, relating to "form of judgment or order" in a quiet title action,
provides:
"(a) The Court shall grant appropriate relief upon
affidavit that a complaint containing a notice to defend has been
served and that the defendant has not filed an answer, or after a
hearing or trial on the pleadings or merits.
(b) Upon granting relief to the plaintiff, the court
(1) shall order that the defendant be forever barred from
asserting any right, lien, title or interest in the land inconsistent
with the interest or claim of the plaintiff set forth in his complaint,
unless the defendant takes such action as the order directs within
thirty (30) days thereafter. If such action is not taken within the
30-day period, the prothonotary on praecipe of the plaintiff shall
enter final judgment;
(2) shall enter a final judgment that a document,
obligation or deed affecting a right, lien, title or interest in the land
is canceled or is valid, invalid or discharged or that a copy of a lost
plan, document, obligation or deed is an authentic copy;
3459803v1
(3) shall enter a final judgment ordering the defendant,
the prothonotary, or the recorder of deeds to file, record, cancel,
surrender or satisfy of record, as the case may be, any plan,
document, obligation or deed determined to be valid, invalid,
satisfied or discharged, and to execute and deliver any document,
obligation or deed necessary to make the decree effective; or
(4) shall enter any other order necessary for the
granting of proper relief."
WHEREFORE,The Trust respectfully requests the Court to:
(a) declare that, after it accepted and cashed the Payoff Check, Federal was legally
obligated to satisfy or release of record the Federal Mortgage;
(b) declare that the Federal Mortgage is deemed released of record and, therefore, no
longer constitutes a lien against the Property;
(c) declare that the Trust holds fee simple title to the Property free and clear of the
lien of the Federal Mortgage; and
(d) grant such other relief as the Court deems appropriate.
COUNT II—DECLARATORY RELIEF
43. All paragraphs above are incorporated herein by reference.
44. An actual controversy exists between The Trust and Federal concerning Federal's
obligation to cause the Federal Mortgage to be satisfied or released of record, and the extent to
which the Federal Mortgage remains a lien against the Property.
WHEREFORE,The Trust respectfully requests the Court to:
(a) declare that, after it accepted and cashed the Payoff Check, Federal was legally
obligated to satisfy or release of record the Federal Mortgage;
(b) declare that the Federal Mortgage is deemed released of record and, therefore, no
longer constitutes a lien against the Property;
3459803v1
(c) declare that the Trust holds fee simple title to the Property free and clear of the
lien of the Federal Mortgage; and
(d) grant such other relief as the Court deems appropriate.
Respectfully submitted,
KAPLIN STEWART MELOFF REITER& STEIN,P.C.
By
/;
Michael P. CouOilin, Esqu'
Attorneys for Plaintiff
Dated: June 2014
3459803vt
KAPLIN STEWART MELOFF REITER& STEIN, P.C.
By: Michael P. Coughlin, Esquire
I.D.No. 43793
Union Meeting Corporate Center
910 Harvest Drive
Blue Bell, Pennsylvania 19422 Attorneys for Plaintiff
(610) 941-2456
SRMOF 11 2012-1 TRUST,U.S.BANK TRUST
NATIONAL ASSOCIATION,NOT IN ITS COURT OF COMMON PLEAS
INDIVIDUAL CAPACITY BUT SOLELY AS CUMBERLAND COUNTY,PA
TRUSTEE
9999 Richmond Avenue,Ste. 400 No.
Houston,TX 77042,
Plaintiff,
V.
MEMBERS 1sT FEDERAL CREDIT UNION
5000 Louise Drive
Mechanicsburg,PA 17056,
Defendant.
VERIFICATION
I, Carina Fol , hereby verify that I am th&lice President of Selene Finance
LP, the subservicer for the Plaintiff, SRMOF II 2012-1 Trust, U.S. Bank Trust National
Association, not in its Individual Capacity but Solely as Trustee, am therefore authorized to
execute this Verification on its behalf, and that the facts set forth in the foregoing pleading are
true and correct to the best of my knowledge, information and belief. I acknowledge that I am
subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities.
�I
Cadlne Fol
Dated: ll�'"F` ��
Vice President
3459803v1
EXHIBIT "I"
t
abSlP
I
M>t N
Oct r
KA DR rHN Pi.t6, day of July !n too Jar '
ojourlordoneiha.mndnisakandra! !iffy-eight, i
VBTWSSN WILBUR S. AABMST and LOWIE E. ARBEWT, his wife, i
of the Borough of•UcchaAICSbur9# County of Cumborland and State of
Pehnsylvanio,
.W
• Gmnfori.
and WILLLAM W. St7Al1iER and ANNA M. Bt7MR, bis Wife, of the
same, place,
• G+aslces
WITNE&VATlf,tads t"aosalderohm;of the sum of'91ght Thousand Nine,Hundred `
and e,01X00 (841900.00). Dalkre, .
fa hard paid,tha rece{pt mhareal w hereby ackiwWhstgad,the said grantors do hereby grant
and caarey to the acid araswit, ALL that certal n brick house, numbered
+ 319 South Market Street$ and lot of ground situate an the east side
of South Market Street in the Borough of Mechanicsburg, County of,
Cumberland and State of panusylvanib, bounded and described as
ratio", to Witt
U9G1NNXNQ at the building line on the east side or South
4 Market Street at the corner of property how of David W, Fulta and s
Mabel X. Fultz, his wife; thence southwardly along the building
j line of amid South Market Street -twenty-two and saven-tenths
foot to a point) thence ems Nvardiy through the partition wail
dividing the double Drlck daailing house of which the house on thla
lot of ground Is the northern half. and continuing along the line
of land of Cnariea M. Eckert and Verna H. Eckert, his wife, one ,
hundred thirty (130) feet to an iron pipe an the west side of an
alley; thence northwardly along the line Of said alley twenty-two
and-seven-tenths (22.7) feat to an iron pin) thence wogtwardlyy
along the line of property Of David W. Fultz ane Mabai K. Fultt,
his wife, aforesaid, ono hundrad thirty (130) foot to a point on
the building line on the east side of Mrarket street aforesaid, the
piece or REoiNNiNG.
BEING the dame promises which Mary C, Shauli, widow, by her
deed dated January 7th. 1956, and recorded in the RecordeYle Office
in and for Cumberland County in Dead look "F", Vdtume l9, Page 467, I
granted and conveyed unto Wilbur S. Arbogast and LOttle F. Arbegest, '
h)a wife, the drentors herein.
.. I
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nFAL SPATE TRANSF��4
AmeuM*Jr/--Z=01116 .. -
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0412012012 9:03:39 AM CUMBERLAND COUNTY Inst.#195802056-Page 1 of 2
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AND the said grentoro ,do Atroby 000mtant that they ull WANRANT GENERALLY
I"property Atroby eonoegod,
ti
IN wirArsw WHEREOF mid grant" nava kemmo"I the Iryandt aart,als
r, the day axd yoar suet aboos written.
I
Yw (falpxtfit ftaha Aab 3ltiroacs' �
- rpreatntrot .}}--'^— •1etL ?
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CERTIFICATE Or RESIDENCE
I do hereby certify that the precise residence of the within
namd grantees is 319 South Uarhst FArost, Mechanicsburg, Penna.
Al-
erne o� ratt ees t
9tdte of Pennsylvania
lam,
CoxttlyoJa+uberland
• Oil this,the ",e-a, day of July ,Io 54.!adore Dar.
aetmder*ncdodimr.prrannatlyopwarvi Wilbur S. Arbogast arta Lottie E.
Arbogast, his wife,
lnwswm tomo for sottolaotortty yrorett)to be the pereoets u0aro.xaeaes arR xul,doriAad to t
• in iteftrument,wrd•aeAaatcledaed LAat they szeenbtd tame lar lio paypmea tho7,erD� ' t..
IN Wty'NSSS WHEREOF,1 hatedxtn net rap hand and a#Wdl dml. p
n. •aah7ti dy.'
s
. arerueADNft at et•t
. -fid. DGOWet• N� ,." tF:
' ��j ff�O ear lroar�+im Frnnt teN:et tt l%t TeiftlC'��r���A.�}°
A It S•I4sJ Ma4nclrL Pt. GeitCY�Ctaltt
.0 W tendo wu D
ru.t,er.cent� �
91a10 of
i.art.
- LmDnty of (
Ort this,the day a/ ,in ,b•/ora Dnr,
the tmdrrtdanrd o6trrr,nrrtnnastt drpnarrd i
kDwwa to tna(arsatlt/aRfeD$!U prlWxJ fa irr the pr»dtu tnAxtr Dtnmr xdlxvrribrd to(hr.a•ttA• t
' tb{mtrnmomt,and dobw1e4tdgod that txrettf<d roma for th.porpar 1h,rek wmldiura.
IN WITNASS WHEREOF,1 hetr•xxln,et wa hind awl o lrW trnl t
._.__...._...... ►real
Til1r n/D�Ircr,
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04/20NOI2 9:03:39 AM CUMBERLAND COUNTY Inst.#105802056-Pago 2 of 2
EXHIBIT "2"
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w -dA Unlit)rru.[oUZ
A. U.S.DEPARTMENT OF HOUSING$URBAN DEVBLOpMENT.r
U491
SETTLEMENT-STATEMENT i
op"'W ft"wTmf*aMa>,NmV
ME ANredlp r
NAD ADDRESS OF BORROWER:
ANNA M.BOWKLR NAME AND ADDRESS OF LENDER
310S MARKET STREET COMMUNITY FIRST BANK
MECHANICSOURO,PA 17056 3925 MO COURT ROAD
DALTiMORE,mo mliS
FHA CASE NO,.441.0404687.703
31 8 S MARKET STTREET PRT REF SMLEMEWTAGENT: ADL BETTLEMENTSOLUTIONS
31
MECHANIOS6URO,PA 17055 PIACE OF SE7 TLEMBNT:1sm REkDBDALE STREET SUITE 4000 i
CUMBERIAND County,Pennsylvania PITTSBURGH,PA 15233 �
SETTLEMENT DATE. SoptM*vr24,2008 Dlahurre..,N120109
LOAN NUMBER: 370D0701182 i
0,ITEMS M,916INREL-mir S
PAYABLE N 11601.MORTGAGE PAYOFF to
0. n nae . o IRA2484
D an 1
15M.ADDra"Feeo S
., r s
5. MEMBER$1 FCU 991905
8f o S 3. to
�Londer's 372.11 '
dee , ore to 1 ;
e0MoftftearckerfrW o 8 WHOM TAXES D 9.A NI1iTMto
710N F6E o C T RT 695,0 1,074 n
0. 0 1 a
e 1r,will
R :
8
10LU1607,
1
50& '
1 . -
9S-ImmscamuYLEAVER TO1 Y
tM99 MMO2 d 1592.
I e tar of 0 '
era ram r 1 rt4 U N ° 076 1518.
904.
906. 1814.
left RESFR1rES Dppwnw
mx 3
te t War on And 103) 114,418,
2'
49 r
1005.Assesamenta m0 S 168,18 D
t mo mo '
008,
per tnonIn 0.00
1 1
11
amen es A L 0D
rch to
M 40F.00
O aW col
IRM. e
W.NotmFew- In
ii y Foca to
1 Y uwusnceAUL S 6
i t a E t
es a e
I
111 T CERT toABt TTLEMESJT80 NS 8.� N. NET8eTT1EMENY a .
` 14.
C 1 1600. LM Amoun) 3 123,728.00
THIS.
1 .
1 1 1801. Plus coshlohsck from `
2000 REGDRD)NG A T NSP R S Borrower S O.OD j
2 t.Recd a 4lmoo
n 0 1602. Minus Tota)Se81sm4nt 9,290.90
1 is a m Mo
Charges(Ilm 1400)
,
0
20
1803. Mims 74141 Dlobut+aments. 8 114,468.60
! i DA/T!0 A 51;TTC AQENT CHAR FS to Others Ofna 1820) '
rtw
1302.Past Insoodow 1804.Equals Oisbursemonisto
13D4.00 R RIC l0 L 134froww{atter expiration ,
1 05. or any appileable toacgeron
14M TOTAL SGTTLEWNTWAROPs(enter 4n x"l602) 0,290,80 psrbd required by loth) S 10.20
the mp M+tyratRagS neaxllWa ,rmemr! r,iy m:nenmYM� we ro anx.
Borrower -
P R BL SE B LUTIONS
Carta lad to be a ties copy. Ba61em4n!Agent
i
I
EForm HUD-1A(9J94)ret.RESPA t.s MaS {ApL15151Aa415061101 J
'r
EXHIBIT 6`3"
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�IC�SUrl� y/ J'f7 {k
J
ABL SEMEWNT SOLUTIONS
1501 Reedsdale Street '
Suite 4000
: Pntsburph,ISA 15233 �
000c��
This Instrument Prepared By:
After Recording Rctum'r ../'
COMML�7ITY FI ANl<
3725 OLD T ROAR
omer:
MARYLAND 2 .208
3700070892
Unifurm•Parmi ldendficr Number: ;
17-24-0787-066
Property Address:
319. 5 MARKET STREET
- MECHANICSBURG, PENNSYLVANIA 17055
(Space Above This Line For Reeardiv Dotal
i
MORTGAGE FHA CAS€110-
441-9444597-703 I
MIN: 100407100000024583
TI-11S MORTGAGE("Security lnstrunlent")is given on SEPTEMBER 24, 2009
The mortgagor is ANNA M. BOWKER
("Borrower").
This SecuritylnstrumentisgiventoMortgageElectronlcRegistration'Systems,tnc,CMERS")asMortgagee. MFRS
is the n(rininee for Leader,as hereinafter defined, and(.alder's successors and assigns. MFRS is organized and 1
existing unckr the laws of Delaware,and has a mailing address of P.O.Box 2023,Flint,M148501-2026 and a struct a
address of 3300 SSV. 34th Aventie, Suite 101, Ocala,FL 34474,tel.(888)679-MFRS. j
COMMUNITY FIRST .BANK, A FEDERAL SAVINGS BANK ("Lendcr")
is organized and existing under the laws of THE UNITED STATES OF AMERICA ,
and has an address of 3725 OLD COURT ROAD, BALTIMORE, MARYLAND 21208 s
Borrower owes Lender the principal sum of ONE HUNDRED TWENTY-THREE THOUSAND
SEVEN H=RED TWENTY-EIGHT- AND 00/100 Dollars(U.S.S 123,728.00 ).
This debt is evidenced by Borrower's note dated the saute date as this Security instrument("Note"),which provides
for monthly payments,with the full debt, if not paid earlier,due and payable on OCTOBER, 1, 2029
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This SecurityInstrument secures to Lender: a the repayment y
( ) p yment o£tbe debt evidenced b the Nate with interest and I
all renewals, extensions and modifications of the Note; (b)the payment of all other suras,with interest, Advanced
undor paragraph?to protect the security of this Security Instrument;and(c)the performance ofBorrower's covenants
and agreements under this Security instrument and the Note. For this purpose,Borrower does hereby mortgage,&rapt
and convey to MERS(solely as nominee for Lender and Lender's successors and assigns)and to the successors and
assigns of MERS the following described property located in CUMBERLAND County,
Pennsylvania:
LVGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF,
A,P..N•. : 17-24-0787-066.
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-which has the address of 319 S MAI2KE')~ STREET
lstrvctl '
MECHANICSBURG ,Pennsylvania 17055 ("Property Address"):
ICILY: lZip Codel
TOGETHER WITH all the improvements now or hereafter erected on the property,.and all casements, ;
appurtenances, and fixtures.now or hereafter a part of the property. All roplacctnettts and additions shall also be
covered by this Security Instrument All ofthe foregoing is referred to in this Security Instrument as the"Property." f
Borrower understands and agrees that MBRS holds only legal titin to the interests granted by Borrower iu this Security
Instrument;but, if necessary to comply with law or custom,.MERS(as nominee for Lender and Lender's successors
and assigns)has the right:to exercise any or all of those interests,including,but not limited to,the right to foreclose
and sell the Property;and to take any action required of Lender including, but not limited to,releasing or canceling
this Security Instrument. `-
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the rot to
mortgage,grant and convey the Proporty and that the Property is unencumbered,except for enctunbranecs of record.
Borrower warrants and will defend generally the title to the Property against all claims and demands,subject to any
encumbrances of record
T1419 SE,CUIUTY INSTRUMENT combines uniform covenants for national use sad rton-urtifonn covenants with
limited variations by jurisdiction to constitute a uniform seetuity instrument covering real property.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows 1
1. Payment of Principal, Interest and Late Chatle. Borrower shall pay when due the principal of,and
interest on, the debt evidenced by the Note and late charges due under the Note.
2. Monthly Payment of Taxes, insurance, and Other Charges, Borrower shall include in each monthly
payment,together with the principal and interest as set forth in the Moto and any late charges,a som for(a)taxes and
special assessments levied or to be levied against die Property, (b) leasehold payments or ground rents on the -
Property,and(c)pretniums for insurance required under paragraph 4. br any yaar in which the Lender must pay a
mortgage insunce premitttn.to the Secretary of Housing and Urban Development("Secretary"),or in.any year in
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which such premium would have been required if Lender still held the Security Instrument,each monthly payment i
shall also include either: (i)a sum for the annual mortgage insurance premium to be paid by Lender to the Secretary,
or(it)a monthly charge instead of a mortgage insurance premium if this Security Instrument is held by the Secretary,
in a reasaaable amount to be determined by the Secretary. Except for the monthly charge by the Secretary,these items
are celled"Escrow Items"and the'sums paid to Lender arecallcd"Escrow Funds." t
Lender may,at any time,collect and hold amounts for Escrow Items in an aggregate amount not to exceed the
maximum amount that may be required for Borrower'a escrow account under the Real Estate Settlement Procedures
Act of 1974, 12 U.S.C. §26019 ng.and implementing regulations.24 CFR Part 3500, as they may be amended
from time to time("RESPA"),except that the cushion orreservepormitted byRESPA for unanticipated disbursements
or disbursements before the Borrower's payments are available in the account may not be based on amounts due for
the mortgage insuranee premium. i
If the amounts held by Leader for Escrow Items exceed the amounts permitted to be held by RESPA,Lender shall
account to Borrower for the excess funds as roquired by RESPA., If the amounts of funds held by L.onder at any time
arc not sufficient to pay the Escrow Itemss when due,Lender may notify the Borrower and require Borrower to make
up the shortage as permitted by RESPA.
Ile Escrow Funds are pledged as additional security for all sums secured by this Security Instrument. If
Borrower.tenders to Lender the full payment of all such sums,Borrower's account shall be credited with the balance ,
remaining for all installment items(a),(b),and(c)and any mortgage insurance premium installment that Lender has
not become obligated to pay to the Secretary,and Leader shall promptly refund any excess funds to Borrower.
Inunediarely prior to a foreclosure sale of the Property or its acquisition by tender, Borrower's account aball be
credited with any balance remaining for all installments for items(a),(b),and(c).
3. Application of Payments, All payments under paragraphs t and 2 shall be applied by Lender as follows:
to the mortgage insurance premium to be paid by Lender to the Secretary or to the monthly charge by a
the Secretary instead of the monthly mortgage insurance premium;
MOND,to any taxes,special assessments,leasehold payments or ground rents,and fire,flood and other hazard
insurance premiums,as required-,
IHIBD D to interest due under the Note;
FOUR'f,•,)�!. to amortization of the principal of the Note-,and
FIFTH,to late charges due under the Note.
4, }rite, Flood and Otiter Hazard Insurance. Borrower shall insure all improvements on the Property,
whether now in existence or subsequently erected,against any hazards,casualtics,and contingencies,including fire,
for which Lender requires Insurance. This imurance•shall be maintained in the amounts and for the periods that 1
Lender requires. Borrower shall also, insure all improvements on the Property, whether now in Existence or
subsequently erected,against loss by Floods to the extent required by the Secretary. All insurance shall be carried with
companies approved by Lender. The insurance policies and anX renewals shalt be held by Lender and shalt include
loss payable clauses in favor of,and in a form acceptable.to,Lender,
In the event of loss,Borrower shall give Lender immediate notice by mail. Lender may stake proof of loss if not
made promptly by Borrower. Each insurance company concerned is hereby authorized end directed to make payment
for such loss directly to Lender, instead of to Borrower and to tender jointly. All or any part of the insurance
proceeds may be applied by Under,at Its option, either(a)to lite reduction of the indebtedness under the mote and
this Security Instrument,first to any delinquent amounts applied in the order in paragraph 3,and then to prepayment
of principal. or(b)to the restoration or repair of the damaged Property. Any application of the proceeds to-the
principal shall not extend or postpone the due dstc of the monthly payments which are referred to in paragraph 2,or r
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change the amount of such payments. Any excess insurance proceeds over an amount required to pay all outstanding
indebtedness under the Note and this Security.Instrument shall be paid to the entity legally entitled thereto.
In the event of foreclosure of this Security Imtrument or other transfer of title to the Property that extinguishes a
the indebtedness,all right,title and interest of Borrower in and to insurance policies in form shall pass to the parchaser.
5. Occupancy,Preservation,Maintenance and Protection of the Property;Ilorrowees Loan.Application;
1, mehoids. Borrower shall occupy,establish,and use the Property as Borrower's principal residence within sixty
days after the execution of this Security Instrument(or within sixty days of a later sale or transfer of the Property)
and shall continue to occupy the Property as Borrower's principal residence for at least one year after the dine of
occupancy,unless Lender determines that requirement will cause undue hardship for Borrower,or unless extenuating
circumstances exist which are beyond Borrower's control. Borrower shall notify Lender of any extenuating
circumstances. Borrower shall not commit waste or destroy, damage or substantially change the Property or allow
the Property to deteriorate,reasonable wear and tear excepted. Lender may inspect the Property if the Property is
vacant or abandoned'or the loan is in default. Lender may take reasonable action to protect and preserve such vacant
or abandoned Property. Borrower shall also be in default if Borrower,.during the loan application process, gave
materially false or inaccurate information or statements to Lender(or failed to provide Lender with any material
information) in connection with the loan evidenced by the Note including, but not limited try, representations
concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a
leasehold,Borrower shall comply with flic provisions of the lease. If Borrower acquires The title to the Property,the
leasehold and fee title shall not be merged unless Leader agrees to tale merger in writing.
b. Condemnation. 79te proceeds of any award or claim for damages,direct or cousequenrial,.in-connection
with any condemnation or other taking of tiny part of the Property,or for conveyance in place of condemnation, are
hereby assigned and shall be paid to Lender to the extent of the full amount of the indebtedness that remains unpaid
under the Note and this Security Instrumeru. Lender shall apply such proceeds to the reduction of the indebtedness !
under the Note and this Security Instrument, first to any delinquent amounts applied in the order provided in
paragraph 3,and then to prepayment of principal. Any application of the proceeds to the principal shall not extend t
or postpone the due date of the monthly payments,which are referred to in paragraph 2,or change the amount of such
payments. Any excess proceeds over an amount required to pay all outstanding indebtedness under the Note and this
Security instrument shall be paid to the entity legally entitled thereto,
7, Charges to Borrower and Protection of Leader's Rights in the Property. Borrower shall pay all
governmental or municipal charges,fines and impositions that are not included in paragraph 2. Borrower shall pay ;
these obligations on time directly to the entity which is owed the payment. If failure to pay would adversely affect
Lender's interest in the Property, upon Lender's request Borrower shall promptly furnish to Lender receipts !
evidencing these paymextts. !
If Borrower fails to make these payments or the payments required by paragraph,2.or fails to perforin any other
covenants and agreements contained in this Security Instrument,or there is a legal proceeding that may significantly
Caffcct Lendes rights in the Property(such as a proceeding in bankruptcy,for condemnation or to enforce laws or p
i regulations), then Lender may do and pay whatever is nocessary to protect the value of the Property and Lender's
1 rights in the Property,including payment of taxes,hazard insurance and other items mentioned in paragraph 2.
Any amounts disbursed by Lender under this paragraph shall become an additional debt of Borrower end be
secured by this Security Instrument. These amounts shall beat interest fl om the(late of disbursement at the Note rate, !
and at the option of Lender shall be immediately due and payable. ,
Borrower shall promptly discharge any lien which bas priority over this Security Instrument unless Borrower:
(a)agrees in writing to die payment of the obligation secured by the lien in a manner acceptable to Linder;(b)contests '
in good faith the lien by,or defends against enforcement of the lien in, legal proceedings which in the Lender's
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opinion operate to prevent the enforcement of the lien; or(c)secures from the holder of tho lien an agreement
satistlictory to Lender subordinating;the lien to this Security hmstrurneat, if Lender determines that any part of the '
Property is subject to a lien which may attain priority over this Security instrtuncnt,Lender may give Borrower a
notice identifying the lien. Borrower shall satisfy the lien or taste one or more of the actions set forth above within
10 days of the giving of notice.
S. Fees, Lender may collect fees and charges authorized by the Secretary.
9. Grounds for Acceleration of Debt.
'(a) Default Lender may,except as tintitod by regulations issued by the Secretary in the case of payment
defaults,require immediate payment in full of all sums secured by this Security instrument if,
(i) Borrower defaults by failing to pay in full any monthly payment required by this Security
lustrument prior to or on the due date of the next monthly payment,or ;
(ii) Borrower defaults by failing, for a period of thirty days, to perform any other obligations
contained in this Security Instrument, _
(b) Sale Without Credit Approval. Lender shall,if permitted by applicable law(including section 341(d)
of the Garn-St. Germain.Dcp%itory Institutions Act of 1982, 12 U.S,C. 1701)-3(d)) and with the prior
approval of the Secretary,require immediate payment in full of all suns scoured by this Security Inwament if:
(1) All or part of the Property, or a beneficial interest in a trust'owning all or part of the Property,is
sold or otherwise transferred(other than by devise or descent),and a
(ii) The Property is not occupied by the purchaser or grantee as his or her principal residence,or the
purchaser or grantee does so occupy the property, but his or her credit has not been approved in
accordance with the requirements of the Secretary.
(e) Nc Waiver, if circumstances occur that would permit Lander to require immediate payment in dill, t
but Leader does not require such payments,Lender does not waive its rights with respect to subsequent events.
(d) Regulations of HUD Secretary. In many circumstances regulations issued by the Secretary will limit
Lender's rights,in the case of payment defaults,to require immediate payment in full and foreclose if not
paid. This Security Instrument does not authorize acceleration or foreclosure if not permitted by regulations
of the Secretary.
(e) Mortgage Not Insurer!. Borrower agrees tlim if this Security lustrumeat and the Note are not
determined to be eligible for insurance under the National Housing Act within 60 DAYS
from tic date hereof,Leader may,at its option,require immediate payment in full of all sums scmurcd by
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this Security Instrument. A written statement of any authorized agent of rhe Secretary dated subsequent to
6 0 DAYS from the date hereof,declining to insure this Security Instrument and
the Note,shall be deemed conclusive proof of such ineligibility. Notwithstanding the foregoing,this option
may not be exercised by Lender when the unavailability of insurance is solely duc to Lender's fhilure to reanit
a mortgage insurance premium to the Secretary.
10. Reinstatement. Borrower has a right to be reinstated if!..ender has required unmediate payment in full
k because of Ilorroweea failure to pay an amotmt due under the Note or this Security Instrument. This rigbt applies
even after foreclosure procarAings are instituted To reinstate:Clic Security Instrument, Borrower shall tender in a
f lamp sum all amounts required to bring Borrower's account current including, to the extent they are obligations of
Borrower under this Security instrurneat,foreclosure costs and reasonable and customary attorneys'fees and expenses
' properly associated with tate foreclosure proceeding. Upon reinstatement by Borrower,this Security Instrument and
the obligations that it secures,shall remain in effect as if Lender had not required immediate payment in full.
Howcvcr, Lender is not required to permit reinstatement if: (i) Lender has accepted reinstatement atter ilia
commencement of foreclosure proceedings within two years immediately preceding the commencement of a currerit
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foreclosure proceeding, (ii)reinstatement will prccludo foreclosure on different grounds in the future, or(w)
reinstatement will adversely affect the priority of the lien created by this Security Instrument.
31. Bomwer Not Released; Forbearance by Lender Not a Waiver. Extension of the time of payment or
modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in
interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in 1
interest. Lender'shall not be required to commence proceedings against any successor in interest or refuse to extend
time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any
demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising '
any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. ;
12. Successors and Assigns Bound;Joint and Several Liahlllty; Co-Signers. The covenants and agreements
of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower,subject to the
provisions of paragraph 9(b).Borrower's covounats and agreements shall be joint and several. Any Burrower who
co-signs this Security Instrument but does not execute the Note. (s)is caalgning thin Security Instrument only to
mortgage,grant and convey that Borrower's interest in the Property under the terms of this Security lnstrument;(b)
is not personally obligated to pay the sums secured by this Security Instrument;and(c}agrees thatLender and any
other Borrower may agree to extend,modify, forbear or make any accommodations with regard to the tarms of this
Security Instrument or the Note without that Borrower's consent.
13. Notices. Any notice to Borrower provided fbr in this Security Instrument shall be given by delivering it or
by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed '
to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall
be given by first class mait to Lender's address stated herein or any address Lender designates by notice to Borrower, !
Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or.Lender when !
given as providedin this paragraph. 1
14. Governing Law;Severablilty. This Seourity Instrument shall be governed by federal law and the law of
the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument
or the Note conflicts with applicable law,such conflict shall not affect other provisions of this Security Instrument
or the Note which cam be given effect without the conflicting provision. To this end the provisions of this Security
Insttummit and the Note are declared to be severable, ,
15, Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument.
16. Hazardous Substances. Borrower shall not cause or permit the presence,use,disposal,storage,or release
of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do,anything
affecting the property that is in violation of any Environmental Law. Tlw preceding two sentences shall not apply !
to the presence, use, or storage on the Property of small quaunities of Hazardous Substances that are generally
recognized to be appropriate to normal residemial uses and tri maintenance of the•Property. i
Borrower shall promptly give Lender written notice of any investigation, claim,demand,lawsuit or other action
by say govermnental or,regulatory agency or private parry involving the Praperty and any Hazardous Substance or
N
136vironmental Law of which Borrower has actual knowledge. if Borrower learns,or is notified by any government,•d
or regulatory authority, that any removal or other remediation of any hazardous Substances affecting the Property
is necessary,Borrower shall promptly take all rneeecsary remedial actions in accordance with Environmental Law.
As used in this paragraph 16, "Namrdous Substances" are those subiwices dofinod as toxic or hazardous
F substances by Environmental Law and the following substances., gasoline, kerosene, other flammable or toxic
petroleum products,toxic pesticides and herbicides,volatile solvents,materials coninining asbestos or formaldehyde, ry
and radioactive materials. As used in this paragraph 16,"Environmental Law"means&doral laws and laws of the
jurisdiction where the Property is located that relate to health,safety or onvironnlontal protecdon.
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NON-UNIFORM COVENANTS. Borrower and Leader further covenant and agree as follows:
17. Assignment of]tents. Borrower unconditionally assigns and transfers to Lender all the rents and revenues
of the Property. Borrower authorizes Lender or L,endpr's agents to collect the rents and revenues and hereby directs
each tenant of the Property to pay the rents to Lender or Lender's agents. However, prior to Lender's notice to
Borrower of AmTower's breach of any covenant or agreement in Elie Security Instrument, Borrower shall collect and
receive all rents and revenues of die Property as trustee for the benefit of Lender and Borrower, This assigtnnent of i
rents constitutes an absolute assigutneet and not an assignment for additional security only. i
If Lender gives notice of breach to Borrower: (a)all routs received by Borrower shall be hold by Borrower as
trustee for benefit of Lender Duly,to be applied to the sums secured by the Security Instrumm;(b)Lender shall be
entitled to collect and receive all of the reuts of tho Property;and(c)each tenantof the Pzoperty shall pay sIi rents
due and unpaid to bender or Lender's agent on Lender's written demand to the tenant,
Borrower has not executed any prior assignment of rho rents and has not and will not perforin any act that would
'r prevent Lender from exercising its rights under diis•paragraph 17. -
Lender shall not be required to enter upon,take control of or maintain the Property before or after giving notice
of breach to Borrower. However,Lender or a judicially appointed receiver may do so at any time there is a breach.
Any application of rents shall not cure or waive any default or invalidate any other right or remedy of Lender. This
assignment of rents of the Property shall terminate when the debt secured by the Security Instrument is paid in flill.
18. Foreclosure Procedure. if Lender requires Immediate payment in full under paragraph 9,1ender way
foreclose this Security Instrument by judicial proceeding sad/or invoke any other remedies permitted by
s npplienble Inw. Lender shall be eantled to collect all expenses incurred in pursuing the remedies provided or
referred to In this paragraph 18,including, but not limited to,attorneys'fees and costs of title evidence to the
extent permitted by applicable low, i
If the Lender's interest in this Security Instrument is held by the Secretary, and the Secretary requires
Immediate payment In full under paragraph 9,the Secretary may invoke the rionjudkial power of sale provided
i in the Single Fancily Ml ortgage Foreclosure Act of 1994 ("Act'j (12 U.S.C. 3751 et sept,)by requesting a
-foreclosure eonmtissioner designated under the Act to commetitse foreclosure and to sea thoProperty as provided
In the Act. Nothing In the preceding sentence shall deprive the Secretary of any rights otherwise available to
a Lender under this paragraph 18 or applicable law. a
19. Aelease. Upon payment of all sums seared by this Security Instrument,this Security Instrument and the
F estate conveyed shall terminate and become void. After such ocemrenco,Lender shall discharge and satisfy this
Security Lustrument Borrower shall pay any recordation costs.Lender may charge Borrower a fee for releasing this
Security Instrument,but only If rite he is paid to a third patty for services rendered and the charging of the fee is
permltted under applicable law. ,
20, waivers. Borrower, to the extent permitted by applicable law,waives and releases any error or defects in
'• proceedings to enforce this Security Instrument,and hereby waives the benefit darty present or future laws providing
for stay of execution,extension of time,exemption from attachment,lovy and sale,and homestead exemption,
21. Reinstatement Period. Borrower's time to reinstate provided in paragraph 10 slid extend to one hour prior r
to the commencement of bidding at a sheriffs sale or other sale pursuant to this Security histrument.
` 22. Purchase Money Mortgage, If any ofthe debt-secured by this Security Instrument is lent to Borrower to
` acquire title to t1he Property,this Security Instrument shall be a purchase money mortgage. ;
.23. Interest Rate After Judgment Borrower agrees that the interest rate payable atter a judgincnt is entered i
on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note, i
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24. Riders to this Security btstrument, If one or more riders are executed by Borrower and recorded together
with this Security Instrument, the covenants of each such rides 91ta11 be incorporated into and shall amend and
supplement the covenants and agreements of ibis Security Instrument as if the rider(s)were a part of this Security �
instrument.
(Check applicable box(m)).
[❑ Condominium Rider ❑ Graduated Paymont Rider ❑ Growing Equity Rider
❑ Planned Unit Development Rider ❑ Adjustable Rate Rider ❑ Rehabilitation Loan Rider
0 Non-Owner Occupancy Rider ❑ Other[SpeciM
BY SIGNING BELOW,Borrower accepts and.agrom to the terms contained in pages 1 through io ofthis Security
Instrument and in any rider(s)executed by Borrower and recorded with it.
(seal)
ANNA M. BOWKER -Borrower (Seal)
-Borrower
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(Seal) (Seal)
SOrrower -Borrower
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j80aco Balow This Una For Acknowledgmenti
State of umS—yLVAm1A,
County of �'^� - ^I
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On this theclay of � ,before me,
A :
the undersigned officer, personally appeared ANNA MA RpWKER
known to the(or satisfactorily proven)to be the persou(s)whose name(s)is/arc subscribed io the within instrument
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and acknowledged that helshelthey executed the saute for the purposes therein contained.
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In witness whereof;i hereunto set my hand and official seals.
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Printed Name i
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My commission expires:
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Certificate of Re
The'undersiped haeby certifies that: (1)Wshe is the Mortgagee or the-duly authorized attorney or agent of
the Mortgagee imuned in the within instrwnent;and(h)Mortgagee's precise residence is:
3300 S. W. 34th Avenue, Suite 101,. Ocala, FL 24474, P. 0. Box
2026, Flint, Michigan 48501-2026
Vritnew my hand this day of jke,�;Z
Signature of MortV19ce of Mortgagee's Vnly Authorized Attorney or Agent
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m rC44 P-18
TYPO or PrlotlJam OfMonWeor kforVgees NlY Aulhori)wd Attormyur Agant
FHA PENNSYLVANIA MORTGAGE-PAERS
DOCRO<kIAM B00449-1362
FAMTGZ,FHA 11/01/013 Pags 10 of 70 www.doomogta.com
0412012012 9.00:46 AM CUMBERLAND COUNTY Ina#200031617-Page 10 of 12
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EXHIBIT A !
ALL THAT CERTAIN BRICK HOUSE, NUMBERED 319 SOUTH MARKET STREET,
AND LOT OF GROUND SITUATE ON THE EAST SIDE OF SOUTH MARKET STREET
IN THE BOROUGH OF MECHANICSBURG, COUNTY OF CUMBERLAND AND STATE
OF PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS, TO—WIT:
a
BEGINNING AT THE BUILDING LINE ON THE EAST SIDE OF SOUTH MARKET
STREET AT THE CORNER OF PROPERTY NOW OF DAVID W, FULTZ AND MABEL
K. FULTZ, HIS WIFE; THENCE SOUTHWARDLY ALONG THE BUILDING LINE
OF SAID 5OUTH MARKET STREET, TWENTY—TWO AND SEVEN-TENTHS (7'1.,7) i
FEET TO A POINT; THENCE EASTWARDLY THROUGH THE PARTITION WALL
DIVIDING THE DOUBLE BRICK DWELtING HOUSE OR WHICH THE HOUSE ON
THIS LOT OF, GROUND IS THE NORTHERN HALF, AND CONTINUING ALONG THE
LINE OF LAND OF CHARLES M. ECKERT AND VERNA H. ECKERT, HIS WIFE,
ONE HUNDRED THIRTY (1311) FEET TO AN IRON PIPE ON THE WEST SIDE OF
AN ALLEY; THENCE NORTHWARDLY ALONG THE LINE OF SAID ALLEY
TWENTY-TWO AND SEVEN-TENTHS (Z2.7) FEET TO AN IRON PIN; THENCE
WESTWARDLY ALONG THE LINE OF PROPERTY OF DAVID W. FULTZ AND MABEL
K. FULTZ, HIS WIFE, AFORESAID, ONE HUNDRED THIRTY (130) FEET TO A i
POINT ON THE BUILDING LINE ON THE EAST SIDE OF MARKET STREET
AFORESAID, THE. PLACE OF BEGINNING.
TAX PARCEL ID: 17-74-0787-066
ADDRESS: 319 S MARKET STREET
MECHANICSBURG, PA 17055
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0420/2012 9:08:46 AM CUMNRI,AND COUNTY Inst.#200933617-Page 11 of 12
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RODE,RT P. ZIE GLER �
RECORDER O1+DEEDS
CUMBERLAND COUNTY
X COURTHOUSE SQUARE
CARLISLE,PA 17013 i
717-240-6370 - •'
:i
s Instrument Number-200933617
Recorded On 5130/2009 At 11:12:39 AM Total Pages-12
*Instrument Type-MORTGAGE
Invoice Number-53295 User ID-KW
*Mortgagor-SOWKER,ANNA M
*Mortgagee-MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC
*Customer-ASL SETTLEMENT SOLUTIONS
Y
STATE WRIT TAX $0.50 Certification Page
STATE SCS/ACCESS TO $10,00
JUSTICE DO NOT DETACH
V=ORDING FEES ^ $25.50
i RECORDER OF DEEDS TIIiS >at 4 is now part
PARCEL CERTIFICATION $10.00 p
E FEES of this legal document.
AFFORDABLE HOUSING $11.50
COUVTX ARCHIVES FEE $2.00
E ROD ARCHIVES FEE $3.00
TOT27s PAID $62.50
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I Certify this to be recorded
in Cumberland County Pry.
P
ov
ztl coizDn o 112ns
g "•Intbrn►,,ition,denoted by an asterisk may change during
the verification procoss and may not be reflected on this page.
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04120/2042 9:08:46 AM CUMBERLAND COUNTY tnsl.0 200933617-Page 42 of t2
EXHIBIT "4"
RECORDATION REQUESTED BY:,
MEMBERS IST FEDERAL CREDIT UNION %r DEED S
Mechanicsburg,PA 17054 P.O.Box 40l ;'r- COUNTY-FA
WHEN RECORDED MAIL TO: '04 JUL 27 Ail 10 5�
MEMBERS IST FEDERAL CREDIT UNION
P.O.Box 40
Mechanicsburg,PA 17055
AaountNumber18425.03 Appip7M86_••„__....
THS LitJ III EM MORWFrS USE ONLY
OPEN-END MORTGAGE
THIS MORTGAGE SECURES FUTURE ADVANCES
AMOUNT OF PRINCIPAL INDEBTEDNESS:$ 40,000.00
THIS MORTGAGE IS DATED 07/18/2004 ,between ANNA M.0
whase addrus Is 319§MARKET ST.MECHAdICS9URG.PA.17055
(referred to below as"Grantor");and dlMB s8_�aTfBDE11eL CREDIT UNION ,whose address Is
p.O.Box 4a, gleaniggl1lurg.PA17064 (referred to below as"Lender'),
a corporation organized and existing under the laws of the Federal Credit Union Act.
1, GRANT OF MORTGAGE. For valuable consideration, Grantor grants, bargains, sells,
conveys,assigns,transfers,robsess,confirms and mortgages to Lender all of Oantoes right,title,
and Interest in the following described real property,together with all existing or subsequently erected or
affixed building, improvements and fixtures; all stasts, tones, alloys, passage*, and ways, all
easements, rights of way, all lbsities, privileges, tenements, hereditaments, and appurtenances
thareunto belonging or anywise made appurtenant hereafter,and the reversions and remainders with
respect thereto;all water,water rights,watercourses and ditch rights"(includfng stock in utilities with
ditch or Irrigation rights);and all other rights,royalties,and profits relating to the real property.Including
without limitation any rights the Grantor later acquire*In the fee simple title to the land,subject to.a
Lease,if any,and all minerals,oil,gas,geothermal and similar matters:
All that certain property of the Mpprr��gqagor totaled in MECHANICSSURG
BOROUGH Cumberiand =ounty, Pennsyhranw.
DEED DATED:JULY 14,1958
BOOK;N-18
PAGE:483
The death of William W. Bowker is Suggested.
Date Of Death is November 27, 1993
The Real Property or Its address is commonly known as 319 S MARKET ST
MECHANICSSURG ,PA, 17055
Grantor presently assigns to Lender all of Grantor*right,tide,and interest In and to all leasee of the
Property.
BX 1874PG4563
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2. DEFINITIONS.The following words shall have the following meanings when used In this Mortgage.
Terms not otherwise defined in this Mortgage shall have the meanings attributed to such terms in the
Pennsylvania Uniform Commercial Code.
Borrower. The word"Dom~means each and every person who signs the Line of Credit Home
Equity Agreement secured by this Mortgage.
Credit Agreement The words"Credit Agreement'mean the revolving line of credit agreement
dated 07/18/2004 between Lender and Grantor with s credit limit of the amount
shown on the first papa of this Security Instrument together with all renewals of,extensions of,
modifications of,refinancing of,consolidations of,and suballtutlons for the Credit Agreement.The
maturity date of this Mortgage,which b the date by which ell Indebtedness under the Credit
Agreement and this Mortgage Is due is 1/01/1 900 .
Grantor. The word"Grantor"means any and all persons and entities executing this Mortgage,
Including without limitsfion all Grantors named above.The Grantor a the mortgagor under this
Mortgage.Any Grantor who signs this Mortgage,but does not sign the Credit Agreement, is
signing this Mortgage only to grant and convey that Grantor's Interest In the Real Property and to
grant a security interest in Grantor's Interest in the Rents and Personal Property to Lander and is
not personally liable under the Credit Agreement except as otherwise provided by contract or law.
Improvements.The word"Improvements"means and Includes without Iimitetlon all exiswill and
future improvements,fixtures,buildings,structures,mobile homes affixed on the Real Property,
facilities,additions and other construction on the Real Property.
Indebtedness.The word"Indebtadnese"means all pdndpoi and Interest payable under the Credit
Agreement and any amounts expanded or advanced by Lender to discharge obligations of Grantor
or expanses Incurred by Lender to enforce obligations of Grantor under this Mortgage,together
with interest on such amounts as provkled In this Mortgage,Specifically,without tmitat)on,this
Mortgage seeums a revolving ling of credit,whish obligates Lender to make advances to
Grantor so long as Grantor compiles with all the terms of tit Credit Agreement Such
advances may be mads,repaid,and romads from time to time,subject to the limitation that
the total outstanding balance owing at airy one tree.not including fioonce charges on such
balance at a ftssd or variable rate or sum as provided In the Credit Agresmsnt, any
temporary overages,other charges,and any amounts expended or advanced as provided In
this paragraph,shaft not exceed the Credit Umn as provided in the Credit Agreement
Notwithstanding the amount outstanding at any particular thine,this Mortgage secures the
total Credit Agreement amount shown above.The unpaid balance of the involving tins of
credit may at certain times be tower than the amount shown or zero.A zero balance does
not terminate des line of credit or terminate Lender's obllgatfon to advance funds to Grantor.
Therefore,the lion of this Mortgage will remain In full force and effect notwithstanding any
zero balance.The Itsns and security,Imansts created pursuant to thle.Mortgags covering
the Indebtedness which may be emoted In the future shaft plats back to the date of this
Mortgage.
Lease.The word"Lease"means any lease between Grantor and the lessor of the Property.
Lender. The word"Lender"means EMSERti iST FEDERAL CREDIT UNION Its successors
and assigns.The Lender is the mortgagee under this"age.
Mortgage. The word"Mortgage"means this Mortgage between Grantor and Lender.
Personal Property, The words "Pereonal Property"mean all equipment, fixtures, and other
arEoin of personal property now or hereafter owned by Grantor,and now or hereafter attached or
atfscrd to the Real Property;together with all accessions,ports,end additions to,all replecoments
and all substitutions for,any of such property;and together with all proceeds(Including without
limitation all Insurance proceeds and refunds of premiums)from any sale or other disposition of the
Property.
Property.The word"Property"means collectively the Real Property and the Personal Property.
Real Property. The wvords"Real Property"mean the property, Interests and rights described
above in the"Grant of Mortgage"section.
Related Documents. The words"Related Documents"mean and Include without Emitation all
promissory notes, credit agreements, ban ogreements, guaranties, security agreements,
mortgages,deeds of trust,and all other Instruments and documents,whether now or hereafter
existing,executed In connection with Grantor's indebtedness to lender.
Rents. The word"Rents"means all rents,revenues,income,Issues,royalties,and profits from the
Property.
THIS MORTGAGE,AND.IF ANY,A SECURITY INTEREST IN THE PERSONAL PROPERTY,IS
GIVEN TO SECURE(1)PAYMENT OF THE INDEBTEDNESS AND(2)PERFORMANCE OF ALL
OBLIGATIONS OF GRANTOR UNDER THIS MORTGAGE AND THE RELATED DOCUMENTS.THIS
MORTGAGE 18 GIVEN AND ACCEPTED ON THE FOLLOWING TERMS:
3. PAYMENT AND PERFORMANCE. Except as otherwise provided In this Mortgage,Grantor shall
pay to Lender all amounts®scored by this Mortgage as they become due,and shall strictly perform all of
Grantors obligations under the Una of.Credit Home Equity Agreement and under this Mortgage.
v.r"1"rie
8R i 874PG4564 .
4. POSSESSION AND MAINTENANCE OF THE PROPERTY, Grantor agrees that Grantor's
possession and use of the Property shall be governed by the following provisions:
Possession and Use. Until In default, Grantor may remain in possession and control of and
operate and manage the Property end collect the Rents from the Property.
Duty to Maintain. Grantor shall maintain.the Property in tenantable condition and promptly
perform all repairs and maintenance necessary to preserve he value.
Hazardous Substances. Grantor represents end warrants that the Property never has been,and
never will be so long as this Mortgage remains a Tien on the Property,used for the generation,
manufacture,storage,treatment disposal,release or threatened release of any hazardous waste
or substance, as those terms are defined In the Comprehensive Environmental Response,
Compensation and Liability Act of 1880, as amended, 42 U.S.C. Sactlon 9801, at seq.
("CERCLA"),the Superfund Amendments and Reauthorization Act("SARA"),applicable state or
Federal laws,or regulations adopted pursuant to any of the tcregoing.Grantor authorizes Lender
and its agents to enter upon the Property to make such Inspection$and tests as Lender may deem
appropriate to determine compliance of the Property with this section of the Mortgage.Grantor
hereby(a)releases and waives any future claims against Lender for Indemnity or contribution in
the avant Grantor becomes liable for cleanup or other costs under any such laws,and(b)agrees
to Indemnity and hold harmless Lender against any and all claims and losses resulting from a
breach of this paragraph of the Mortgage.This obligation to Indemnity shall survive the payment of
the Indebtedness and the satisfaction of this Mortgage.
Nuisance,Waste. Grantor shall not cause,conduct or permit any nuisance nor commit,permit,or
suffer any stripping of or waste on or to the Property or any portion of the Property.SpecHkelly
without limitation,Grantor will not remove,or grant to any other party the right to remove,any
timber, minerals(Including oil and gas), sols,gravel or rock products without the prior written
consent of lender.
Undoes Right to Enter. Lender and its agents and representatives may enter upon the Reel
Property at all reasonable times to attend to Undoes Interests and to Inspect the Property for
purposes of Grantofe compliance with the terma and conditions of this Mortgage.
Compliance with Governmental Requirements. Grerdor shall promptly comply with all laws,
ordinances,and regulations of ail governmental authorities applicable to the use or eocuponoy of
the Property. Grantor may contest In good faith any such law, ordinance, or regulation and
withhold compliance during any proceeding,including appropriate appeals,so long as Grantor has
notified tender In wrtting prior to doing so and so long as Lender's interests In the Properly are not
jeopardized.Lender may require Grantor to post adequate am My or a surety bond,reasonably
satisfactory to lender,to protect Lender's interest,
Duty to Protect Grantor agrees neither to abandon nor leave unattended the Property.Grantor
shell do all other ads,in addition to those acts set forth•above in this-section,.which from the
character and use of the Property are reasonably necessary to protect and preserve the Property.
6. COMPLIANCE WITH LEASE. if there re a lease on the Property,Grantor will pay all rents and
will strictly observe and perform on a timely basis all other terms,covenants,and conditions of the
Lease.Grantor further agross(a)not to surrender,terminate,or anod the Lease,and(b)not to
modify,change,supplement,atter,or amend the lease,abet orally or in writing,without Undoes
prior written consent.No estate in the Property,whether fee tele to the leasehold promises,the
leaaehod estate,or any subleasehold estate,will merge without Lender's express written consent;
rather those estates will romaln separate and distinct,even if there Is a union of these estates In
ft landlord,Grantor,or i third party who purchases or otherwise acquires the.estates.Grantor
further agrees that if Grantor acquires ell or a portion of the fee simple title,or any otter leasehold
or sublessehold title to the Property,that title will,at Under's option,Immediately become subjed
to the terms-of this Mortgage, and Grantor will execute, daliver and r000rd all documents
necessary or appropriate to assure that such title is secured by this
8, REHABILITATION LOAN AGREEMENT. Grantor shall fulfill e0 of Grantors obligations under any
home rehabilitation,improvement,repair,or other loan agreement which Grantor may enter Into
with Lender.Lender,at Lender's option,may require Grantor to execute and deliver to Under,in a
form acceptable to Under,an assignment of any rights,daims or delonses which Grantor may
have against parties who supply labor,materials or services in connection with improvements
made to the Property
- 'vs.iaro
BK ) 874PG4565
7. DUE ON SALE-CONSENT BY LENDER. Lender may,at its option,have the right to accelerate,
that is,declare immediately due and payable all sums secured by this Mortgage upon the sale or
transfer,without the Lenders prior written consent,of all or any pad of the Reel Property,or any
Interest In the Real Property.If Grantor selis or transfers the Real Property without the written consent
of Lender,then,prior to acceleration Lender shell give notice to Grantor.The notice shall provide a
period of not less than ton(10)days from the dote of the notice within which Grantor may pay the am*
declared due. If Grantor falls to pay those sums prior to the expiration of such period.Lender may,
without further notice or demand on Grantor.Invoke any remedles permitted In this Mortgage.A"sale
or tmnslee means the conveyance of Real Property or any right,tide or Interest therein;whether legal
or equitable;whether voluntary or Involuntary;whether by outright sale,deed,Installment sale contract,
land contract, contract for dead, leasehold interest with a term greater then throe (3) years,
hese-option oordract,or by anis,assignment,or transfer of any beneficial Interest In or to any lend trust
holding title to the Real Property,or by any other method of conveyance of Real Property interest
However,this option shall not be exercised by Lender if such exercise is prohibited by federal law or by
Pennsylvania law.
B. TRANSFER OF PROPERTY. The following provisions relating to the transfer of the Real Property
are a pad ofthis Mortgage:
Notes of Transfer, Grontor shall give notice to Lender,as provided in this Mortgage,prior to
any safe or transfer of all or part of the Property or any rights in the Rost Property.Any person to
whom all or part of the Real Property Is sold or transferred also shag be obligated to give notice
to Lender,as provided in this Mortgage,promptly after such transfer.
Advances After Transfer. All amounts advanced under the Line of Credit Home Equity
Agreement,up to the Credit Limit,aro secured by this Mortgage,whether advanced before or
after sale or transfer of the Real Property.except any amounts which may be advanced by
Lender more then fare(6)days after notice to Lender,as provided in this Mortgage,that such
transfer or sale has occurred.Even It Grantor transfers the Real Property,Grantor wig continue to
be obligated under the Credit Agreement and this Mortgage unless Lander releases Grantor In
writing.As a condition to Lenders consent to any proposed transfer or as a condition to the
release of Grantor,Lander may require that the person to whom the Real Property Is tronalerted
sign an assumption agreement satisfactory to Lender and Lender may impose an assumption
fee.The assumption agreement will not entille the person signing It to receive advances under
the Credit Agreement.
9. TAXES AND LIENS. The following provisions relating to the taxes end gene on the Property are a
pad of this Mortgage.
Payment. Grantor shag pay when due(and in all events prior to delinquency)all taxes,payroll
taxes,special taxes,assessments,water charges and sewer service charges WAod against or
on account of the Property,and shall pay when due all claims for work done on or for services
rendered or material furnished to the Property.Grantor shell maintain the Property free of all liens
having priority over or equal to the Interest of lender tinder this Mortgage.except for the lien of
taxes and assessments not due,except for the Existing Indebtedness referred to below,and
except as otherwise provided in the following paragraph.
Right To Contest Grantor may withhold payment of any tax, assessment. or claim in
connection with a good faith dispute over the obligation to pay,so long as Lender's interest In the
Property is not jeopardized.It a Ilan aria or is flied as a result of nonpayment,Grantor shall
within fifteen(15)days after the ken arises or,0 a lien is filed,within fdtaen(15)days after
Grentor has notice of the filing, secure the discharge of the lien, or If requested by Lender,
deposit with bander cash or a sufficient corporate surely bond or other security satisfactory to
Lander In an amount sufficient to discharge the Ilen plus any costs and adomeys'fses or other
charges that could acus as a result of a foreclosure or sale under the lien.In any contest,
Grantor shall defend Itself and Lender and shall satisfy any adverse judgment before
enforcement against the Property.Grantor shall name Lender as an additional obligee under any
surety bond furnished In the contest proceedings.
Evidence of Payment Grantor shall upon demand furnish to Lender sagsfactory evidence of
payment of the taxes or asseaaments and shag authorize the appropriate governmental official to
deliver to Lender at any time a written statement of the taxes and assessments against the
Property.
Notice of Construction. Grantor shall notify Lender at least fifteen(15)days before any worts Is
commenced,any services are furnished,or any materials are supplied to the Property,if any
mechanic's Ilan,materiaimen's lien,or other flan could be assigned on account of the work,
services,or materials and the cost exceeds$10,000.00.Grantor will upon request of Lender
furnish to Lender advance assurances satisfactory to Lander that Grantor can and will pay the
cost of such improvements.
• Pp��arto
BK 1874PG4566
10. PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property
are a part of this Mortgage.
Maintenance of Insurance. Grantor shall procure and maintain policies of fire Insurance with
standard extended coverage endorsements on a replacement basis for the full Insurable value
covering all Improvements on the Real Property In an amount sufficient to avoid application of
any coinsurance clause,and with a standard mortgagee clause In favor of Lender.If the Real
Property Is bated In an area designated by the Director of the Federal Emergency Management
Agency as a apodal flood hataW area,Grantor agrees to obtain Federal Flood Insurance to the
extent such insurance Is required and is available for the term of the ban and for the full unpaid
pdndpai balance of the loan:Policies shell be written by such insurance companies and in such
form as may be nweonably acitept"to Lender.Grantor shall deliver to Lender cartiftcates of
coverage from each insurer containing a stipulation that coverage will not be cancelled or
diminished without a minimum of ten(10)days'prior written notice to Lender.
Application of Proceeds. Grantor shall promptly notify Lender of any lose or damage to the
Property If the estimated cost of repair or replacement exceeds$10,000.00.Lender may make
proof of loss If Grantor falls to do so within fifteen(15)days of the casualty. If, In Lender's
judgment,the restoration or repair is economically feasible end Lender's security Is not lessened,
Insurance proceeds shall be applied to restoration or repair of the damaged Property. If the
restoration or repair Is not economically feasible or LerxWe security would be lemwmd,the
Insurance proceeds shall be applied to the sums secured by this Mortgage whether or not then
due,with any excess paid to Grantor.If Grantor abandons the Property.or does not answer
within thirty(30)days a notice from Lander that the Insurance carrier has offered to set"a claim,
then Lender may collect the Insurance prooeWtt. Lender may use the proceeds to repair or
restore the Property or to pay sums secured by this Mortgage,whether or not then due.
Unexpired insurance at Sale. Any unexpired Insurance shall Inure to the benefit of,and pass
to,the purchaser of the Property covered by this Mortgage at any trustee's sale or other sale held
under the provision of this Mortgage,or at any foreclosure sale of such Property.
Compliance with Existing Indebtedness. During the period In which any Existing
Indebtedness described below Is in effect,compliance with the insurance provisions contained in
the instrument evidencing such Existing Indebtedness shell constitute compliance with the
Insurance provisions under this Mortgage, to the extant compliencs with the tarts of this
Mortgage would constitute a duplication of insurance requirement. If any proceeds from the
Insurance become payable on loss,the provisions In this Mortgage for division of prooseds shall
apply only to that portion of the proceeds not payable to the holder of the Existing Indebtedness.
11. EXPENDITURES BY LENDER. If Grantor fails to comply with any provision of this Mortgage,
Including any obligation to maintain Existing Indebtedness in good standing as required below,or If any
action or proceeding Is commenced that would materially affeatt Lender's Interests in the Properly,
Lender on Grentors behalf may,upon notice to Grantor,but shall not be required to,take any action
that Lender deems appropriate.Any amourd that Lender expends in so doing will bear Interest at the
rate charged under the Credit Agreement from the date incurred or paid by Lender to the date of
repayment by Grantor.All such expenses,at Lender's option,will(a)be payable on demand,or(b)be
added to the balance of the credit line.This Mortgage Neo will secure payment of these amounts.The
rights provided for In this paragraph shell be in addition to any other rights or any remodles to which
Lender may be entitled on account of the defaulL Any such action by Lender shad not be construed as
curing the default so as to bar Lender from any remedy that it otherwise would have hod.
12. WARRANTY; DEFENSE OF TiTLE. The following provisions relating to ownership of the
Property are a part of this Mortgage.
Tine. Grantor warrents that:(a)Grantor holds good and marketable title of record to the Property
(including a leasehold interest.It any),free and door of all Ilan and encumbrances except those
of record,and(b)Grantor has the full right,power,and authority to executs end deliver this
Mortgage to Lender.
Defense of Title. Subject to the exception In the paragraph above,Grantor warrants and will
forever defend the title to the Property against the lawful dahns of all parsons.In the event any
action or proceeding is commenced that questions Grentor's tide or the Interest of Lender under
this Mortgage,Grantor shall defend the action at Grantors expanse.Grantor may be the nominal
party in such proceeding,but i.ender shall be entitled to participate In the proceeding and to be
represented In the prooeading by counsel of its sum choice,and Grantor will deliver,or cause to
be delivered,to Lender such Instruments.es Lender may request from time to time to permit such
participation.
Compliance With Laws. Grantor warrents that the Property and Grantor's use of the Property
complies with alt existing applicable laws, ordinances, and regulations of governmental
authorities.
moo•a or w
BK i 874PG4567
III. EXISTING INDEBTEDNESS. The following provlalons concerning existing Indebtedness(the
"Existing Indebtedness")are a part of this Mortgage.
Existing Lien. The lien of this Mortgage securing the Indebtedness may be secondary and
Inferior to an existing Iles,If there hi such a flan,Grantor expressly covenants and agrees to pay,
or ase to the payment of, the Existing Indebtedness and to prevent any default an such
indebtedness,any default under the Instruments evidencing such indebtedness,or any default
under any security documents for such Indebtedness. -
No Modification. Grantor shall not enter Into any agreement with the holder of any mortgage or
other security agreement which has priority war this Mortgage by which that agreement is
modified,amended,extended,or renewed without the prior written consent of Lender.Grantor
shell neither request nor aceept any future advances under any such security agreement without
the prior written consent of lender.
14. CONDEMNATION. The following provisions relating to condemnation of the Property are a part
of this Mortgage.
Application of Not Proceeds. If all or any part of the Property Is condemned,Lender may at Its
election require that all or any portion of the net proceeds of the award be applied to the
Indebtedness under the Line of Credit Home Equity Agreement,subject to the terms of any
mortgage or dead of trust with a lien which has priority over this Mortgage.The net proceeds of
the award shall mean the award after payment of ail actual costs,expenses,and attorneys!fees
necessarily paid or Incurred by Grantor or Lender M connection with the condemnation.
Proceedings. If any proceeding In condemnation is filed,Grantor shall promptly notify lender In
writing,end Grantor shell promptly take such steps as may be necessary to defend the action
and obtain the award.Grantor may be the nominal party In such proceeding,but Lender shall be
entitled to partldpate In the proceeding and to be represented in the proceeding by counsel of Ib
own choloe,end Grantor will defiver or cause to be delivered to Lender such Instruments as may
be requested by it from time to time to permit such participation.
1a. IMPOSITION OF TAXES,FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The
following provisions relating to governmental taxes,fees and charges are a part of this Mortgage:
Current Taxes, Fees and Charges. Upon request by Lender. Grantor shall execute such
documents In addition to this Mortgage and take whatever other action is requested-by Lender to
perfect and continue Lender's lien on the Rest Property.Grantor shag reimburse Lender for all
taxes, as described below, together with all expenses Incurred In reoording, perbeRng or
continuing this Mortgage.Including without limitation all taxes,fees,documentary stamps,and
other charges for recording or regNtering this Mortgage.
Taxes. The foltowling shail.eonstitute texes'to which.this section applies:(a)a Wedge tax upon
this type of Mortgage or upon all or any pad of the Indebtedness secured by this Mortgage;(b)a
specific lax on Grantor which Grantor Is authorized or.required to deduct from payments on the
Indebtedness secured by this type of Mortgage;(e)a tax on this We of Mortgage chargeable
against the Lander or the holder of the Credit Agreement;and(d)a specific tax on all or any
portion of the Indebtedness or on payments of principal and interest cede by Grantor.
16. FURTHER ASSURANCES. The following provisions relating to further esaurances are a part of
this Morigsge.
Further Assurances. Upon request of Lender.Grantor wtil make,execute and deliver,or wig
cause to be made, executed or delivered, to Lender or tai Lender's designee, and when
requested by Lender,cause to be filed.recorded.refiled,or rerecorded,as the case may be,at
such tlmos and In such offices and places as Lender may deem appropriate,any and ail such
mortgagee, deeds of Vast. security deeds, security agreements, finandrg statements,
continuation statements.Instruments of fuller assurance,certificates,and other documents as
may,in the sole opinion of Lender,be neoeeeary or desirable In order to eHeetue*complete,
perfect,continue, or preserve(a)the obligations of Grantor under the Credit Aereemerd,this
Mortgage,and the Related Documents,and(b)the Ilerre and security Interests created by this
Mortgage on the Property. Unless prohibited by low or agreed to the contrary by Lender In
writing,Grantor shell reimburse Lender for all costs and expenses Incurred In connection with the
matter&referred to in this paragraph.
17. FULL PERFORMANCE. If Grantor pays all the imldebtedness when due,terminates tit credit
line account and otherwise performs all the obligations Imposed upon•Grantocunder this Mortgage,
Lender shag execute and deliver to Grantor a suitable satisfaction of this Mortgage.Grantor will pay,If
permitted by applicable law,any reasonable termination fee as determined by Lander from time to time.
6N1874PG4568 : .
18. DEFAULT. Each of the following,at the option of Lender,shell constitute an event.of default
("Event of Defsuir) under this Mortgage: (a) Grantor commits.fraud or makes a material
misrepresentation at any time In connection with the credit line account.This can Include,for example,
a false statement about Grentors income,assets.IlabiGtles,or any other map"of Grantors financial
condition.(b)Grantor does not meet the repayment terms of the credit line account.(o)Grantors action
or Inaction adversely effects the collateral for the credit line account or lenders rights In the collateral
This can include,for example,-falture to maintain required insurance,waste or destructive use of the
dwelling,failure to pay taxes,death of all persona Noble on the account,transfer of He or sale of the
dwelling,creation of a lien on the dwelling without Lenders permission,foreclosure by the holder of
another lien,or the use of funds or the dwelling for prohibited purposes.
18. GRANTOR'S RIGHT TO CURE. Upon the occurrence of any Event of Default(other than fraud
or material misrepresentation)and prior to exercising any of the rights and remedies provided in this
Mortgage or by law,Lender shall give notice as provided in the Mortgage and as required by applicable
law.The notice may be combined or sent with any notice required by applicable low and shag specify:
(a)the Event of Default:(b)the action required to are the default(c)a data not Nae then thirty(30)
days(or any longer period as required by applicable law or elsewhere In this Mortgage)from the date
the notice N given to Grantor by which the default must be cured and(d)that failure to cure the default
on or before the date specified In the notice may result In acceleration of the sums secured by this
Mortgage and sale of the property.The notice shell fuller Inform Grantor of the right to reinstate after
acceleration and the right to assart in a foreclosure proceeding the nonexistence of an event of default
or any other defense of Grantor to acceleration and sale.However If Lender has given Grantor a right
to cure with reaped to a prior Event of Default which occurred within three hundred sixty-flee(385)
days of the present event of Default,Grantor shag not be entttNd to receive the right to cure described
in this paragraph.
20. RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of any Event of Default and at
any time thereafter,Lender,at its option,may exercise any one or mora of the following rights and
remedies.In addition to any other rights or remedies provided by law:
Accelerate indebtedness. Subject to applicable law,Lender shall have the right at Its option to
declare the entire Indebtedness immediately due and payable.
Appoint Receiver. Lender shall have the right to have a receiver appointed to take possession
of all or any part of the Property,with the power to protect and preserve the Property,to operate
the Property preceding foreclosure or sale,and to called the Rents from the Property and apply
the proceeds, over and above the cost of the receivership, against the Indebtedness.The
receiver me y serve without bond if permitted by low. Lenders right to the appointment of a
receiver shall exist whether or not the apparent value of the Property exceeds the Indebtedness
by a substantial amount.Employment by Lender shall not disqualify a person from serving as a
receiver.
JudicialForecloarm. Lender may obtain a judicial decree foreclosing Grantors interest in all or
any part of the Property.
Possession of the Property. For the purpose of procuring possession of the Property,Grantor
hereby authorizes and empowers any attorney of any court of record in the Commonwealth of
Pennsylvania or elsewhere,as attorney for Lender and all persona claiming under or through
Lender,to sign an agreement for entering in any competent court an amicable action in ejectment
for possession of the Property and to appear for and confess Judgment against Grantor,and
against all persons claiming under or through Grantor,for the recovery by Lender of possession
of the Property(,without any stay of execution,for winch b1N Mortgage,ora copy of this Mortgage
verified by affidavit,shall be a auBleisnt warrant and tWoupon a writ of possession may be
Issued forthwith.without any prior writ or p. ding whatsoever.
Nonjudlclal Sate. If permitted by applicable law,Lender may foreclose Grantors Interest in all or
in any part of the Personal Property or the Real Property by non judicial sale.
Deficiency Judgment. Lender may obtain a judgment for any deficiency remaining in the
indebtedness due to Lender after application of ail amounts received from the exercise of the
rights provided in this section.
Tenancy at Sufferance. If Grantor remains In possession of the Property after the Property N
sold as provided above or Lender otherwise becomes entitled to possession of the Property upon
default of Grantor,Grantor shall become a tenant at sufferance of Lender or the purchaser of the
Property and shag,at Leaders option,either(s)pay a reasonable rental for the use of the
Property,or(b)vacate the Properly immediately upon the domend of Lender.
v�.rwra
8f( { 874PG4569
Other Remedies. Lender shall have all other rights and remedies provided in this Mortgage or
the Line of Credit Home Equity Agreement or available at law or in equity.
Sate of the Property. To the extent permitted by applicable law,Grantor hereby wolves any and
all right to have the property marshaled. In exercising lts rights and remedies,Lender shall be
free to sell all or any pad of the Property together or separately,In one sale or by separate Solas.
Lender shall be entitled to bid at any public sale on all or any portion of the Property.
Notice of Sale. Lender shall give Grantor reasonable notice of the time and place of any public
sale of the Personal Property or of the time after which any private sale or other intended
disposition of the Personal Property is to be made.Unleas otherrke required by applicable law,
reasonable notice shall mean notice given at least ten(10)days before the time of the sale or
disposition.
Waiver, Election of Remedies. A waiver by any party of a breach of a provision of this
Mortgage shall not constitute a waiver of or prejudice the party's rights otherwise to demand strict
compliance with that provision or any other provision.Election by Lender to pursue any remedy
shall not exclude pursuit of any other remedy,and an election to make expenditures or take
action to perform an obligation of Grantor under this Mortgage alter failure of Grantor to perform
shall not affect lender's right to doGare a default and exercise Its remedies under this Mortgage.
Attorneys'Fees;Expanses. If Lender InsOtutes any suit or action to enforce any of the terra of
this Mortgage,Lender shag be entitled to recover such sum as the court may adjudge reasonable
as attorneys'fees at trial and on any appeal,Whether or not any court action is involved,all
reasonable expenses Incurred by tender that In Lender's opinion aro necessary at any time for
the protection of Its interest or the entorremant of its rights Mail become a part of the
Indebtedness payable on demand and shall bear Interest from the date of expenditure until repaid
at the Credit Agreement rate. Expenses covered by this paragraph include,without limitation,
however subject to any lhb under applicable law.Lenders attorneys'fees and legal expenses
whether or not there is a lawsuit,Including attomays'fees for bankruptcy proceedings(Including
efforts to madly or vacate any automatic stay or Injunction), appeals and any anticipated
post-Judgment collection services,the cost of searching records,obtaining title reports(including
foreclosure reports),surveyors'reports, and appraisal fees,and fife insurance,to the extent
permitted by applicable law.Grantor also wlN pay any court coats,in addition to all other sums
provided by law.
21. GRANTOR'S RIGHT TO REINSTATE. If Grantor meets certain conditions,Grantor shall have
the right to have enforcement of this Mortgage discontinued at any time prior to the earlier of(i)live(5)
days(or such other period as applicable law may specify for reinstatement)before sale of the Property
pursuant to any power of eels contained In this Mortgage or(id)entry of a judgment enfordrrg this
Mortgage.Those conditions aro that Grantor.(a)pays Lender all sums which.would then be due under
this Mortgage and the Credit Agreement had no socekratlon occurred;(b)ares all other defaults
under this Mortgage and the Credit Agreement(c)pays all reasonable expenses incurred In enforcing
this Mortgage,Including,but not limited to,reasonable attorneys'saes;and(d)takes such action as
Lender may reasonably require to assure that the Ilan of this Mortgage,Lender's rights in the.Property
and Grantor's obligation to pay the sums secured by We Mortgage shag continue unchanged Upon
reinstatement by Grantor,this Mortgage and the obligations seared hereby shall remain fully effadve
as if no acceleration had occurred but Lender shall not be obligated to make any more credit advances.
This right to reinstate shall apply if Grantor has not previously exercised the right to reinstate under this
same Mortgage.
22. NOTICES TO GRANTOR AND OTHER PARTIES. Unless otherwise provided by applicable law,
any notice under this Mortgage shag be In writing and shag be effective when actually delivered or,if
mailed,shag be deemed effective when deposited In the United States mall first class,rogistarad mall,
postage prepaid,diractad to the addresses shown near the beginning of this Mortgage.Any ply may
change Its address for notion under this Mortgage by giving formal written notice to the other parties,
speciying that the purpose of the notice Is to change the partys address.All copies of notions of
foreclosure from the holder of any lien which has priority over this Mortgage shall be sent to Lender's
address,as shown near the beginning of this Mortgage.For notice purposes,Grantor agrees to keep
Lender informed at all times.of Grantors current address.
23. ASSOCIATION OF UNIT OWNERS. The following provisions apply If the Real Property has
been submitted to unit ownership law or similar law for the establishment of condominiums or
cooperative ownership of the Real Property:
Power of Attorney. Grantor grants an irrevocable power of attorney to lender to vote in Its
discretion on any matter that ray cora before the association of unit owners.Lander shall have
the right to exercise this pourer of attorney only after default by Grantor,however,Lender may
decline to exercise this power as it sees fit.
►ss a eo
BK 1874PG4570
Insurance. The Insurance as required above may be carried by the association of unit owners
on Grantors behalf,and the proceeds of such insurance may be paid to the association of unit
owners for the purpose of repairing or reconstructing the Property. If not so used by the
association,such proceeds shall be paid to Lender.
Compliance with Regulations of Association. Grantor shall perform all of the obligations
imposed on Grantor by the declaration submitting the Real Property to unit ownership,by the
bylaws of the association of unit owners,or by any rules or regulations thereunder.if Grantor's
Interest In the Real Property Is a leasehold Interest and such property has been submitted to unit
ownership.Grantor shall perform all of the obligations Imposed on Grantor by the base of the
Real Property from its owner.
24. MISCELLANEOUS PROVISIONS. The following misoeganeous provisions are a part of this
Mortgage:
Amendments. This Mortgage, together with any Related Documents, conotitutee the entire
understanding and agreement of.the parties as to the matters est forth in this Mortgage.No alteration
of or amendment to this Mortgage shall be effective unless given in writing and signed by the party or
parties sought to be charged or bound by the atitration or amendment.
Applicable Law. This Mortgage shell be gdvemed by and construed in accordance with the laws of
the Commonwealth of Pennsylvania.
Caption Hsadings. Caption txadings in this Mortgage are for convenience purposes only and aro not
to be used to Interpret or define the provisions at this Mortgage.
Ohsntoh's Copy of Documents. Lender agrees to provide Grantor with a aniomred copy.of both the
Line of Credit Hama Equity Agreement and this Mortgage at the time they are executed or within a
reasonable time after this Mortgage Is recorded.
Merger. There shall be no morger of the interest or estate created by this Mortgage with any other
Interest or estate in the Property at any time held by or for the benefit of Lender In any capacity,without
the written consent of Lender.
Severability. If a court of competent jurisdiction finds any provision of this Mortgage to be Invalid or
unenforceable as to any person or circumstance.such finding shop not render that provision invalid or
unenforceable as to any other persons or circumstances.If feasible,any such offending provision shop
be deemed to be modified to be within the limits of enforceability or validity;however,it I*offending
provision cannot be so modified.It shop be stricken and all other provisions of this Mortgage in all other
respects shall remain valid and enforceable.
Successors and Assigns. Subject to the limitations Voted in this Mortgage on transfer of Grentoes
interest,this Mortgage shall be binding upon and inure to the benefit of the parties,their hairs,personal
rspraentatives,successors and ssaigns.If ownership of the Property becomes vested in a person
other than Grantor, Lender, without notice to Grantor, may deal with Grantors successors with
reference to this Mortgage and the Indebtedness by way of forbearance or extension without releasing
Grantor from the obligations of this Mortgage or liability under the indebtedness.
Time Is of the Essence.Time Is of the essence in the performance of this Mortgage.
Waivers and Consents. Lender shall not be deemed to have waived any rights under this Mortgage
(or under the Related Documents)unless such waiver Is In writing and signed by Lender.No delay or
omission on the part of Lender In exerdsing any right shall operate as a waiver of such right or any
other right A waiver by any pony of a provision of this Mortgage shall not constitute.a waiver of or
prejudice the party's right otherwise to demand strict cornpWence with that provision or any other
provision.No prior waiver by Lender,nor any aurae of dealing between Lender and Grantor,shall
constitute a waiver of any of Lenders rights or any of Grantors obligations as to any future
transactions.Whenever consent by Lender Is required In this Mortgage,the granting of such consent
by Lender in any Instance shall not constitute continuing consent to subsequent instances where such
content Is required.
rap Iorto
9K 1874PG457 i
GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MORTGAGE,AND
GRANTOR AGREES TO ITS TERMS.
GRA R:
.V" (seal) K (5081)
Signed,acknowledged
�and'delivered In the presence of:
�tYiLt'lEp�l��G�w.�
eee
IL
Witness
Signed,acknowledged and delivered in the presence of
Y
Witness
oss
COMMONWEALTH OF PENNSYLVANIA, Cumberland County ss.:
On thl the dey of July, 2004 before ms
u m ne o ,personally appeared
anpa 4- JUMP=
known to me or n yproven porson a name(s) su o
within Instrument and aclmowbdged that exeaded the same a pUrpom heroin contained.
IN WITNESS WHEREOF.I hereunto set my hand and oftel seal.
My Commission expires:
TFUG o oar —U
pv-�
io �
oan'-,-
I
Certify ko be recorded
In CumberIand County GF4R'cc�orderer of Dee•a.s
gltlBl��G�:S�� .
EXHIBIT "5"
.i
E
I
d
i
M SEP-16-2009 WED 02:52 PM MEMBERS IST MAGE FAX NO. 7177968023 P. 01101
S L M0Kr0A()a DEPARTMENT
$000 Loulso IDM
P.0.lW 40
Nlachantosbtpo.PA 17055
1-8002&3-23215,t:Menslcn 8020 i
or(717)7058024
FAXCFJ7)7956023 i
mplMBERS V
PED'S i,AL CMIT UN10N 8eptemher 18,2008
Members 1°F.C.U.
J
Aftn:Jsedoa �
AA Mt3Cr W
gy�sxount* 1842803
Loan 8ecuNd by Pro N Loratad nk
81A8nuthMadcet8lreet
CumbntleAd GounH
ToWt+omlt hA�t Concam: .
onthe above raransneed rest esmta i
aussvam toyour requ:+at trw fvAowtnB t�w5�Pro`s U cY►'r�.� q.�'�'U q .
town: ;
Poapat Due '-Tl t"l%AA— ^t/a•O R•c)q ;
• Internet qua �� �s�� lSlt.�.- �U �S .
Srdlataotlots f•ee Q.t,f _ �„�`�. �o .
P�k
Total 'Me �� '
tlarsal imareat of V-47-Pr
day
ear siae BUHA Ygood 8+ pt ti ra°et+dad atter fhe stated pAyoOlo
r wiltbaeatluflad ccodIngly.ptaaae&actyour
ate ynN.the maRgaOe °
on rocall�Of the°pproWt part
payoff ohack td our Rent Fatate t.nen apt at tl+e abo�+a 8ddr°aa.�
'. Skioarely, '
� - whey
Rand Mate Loan C°ordlA wr
css:Member's Loan Fila
s
EXHIBIT "6"
SETTLEMENT SOLUTIONS � pNC BANK.NA 3632
REAL ESTATE ACCOUNT PITTSBURGH,PA
1501 REEDSDALE STREET 6.91410 ABL1685
t".Vit. .• A;t s SUITE 4000
PITTSBURGH.PA 115233-.
;? MORTGAGE PAYOFF :I
Tiiirfyi Nine Thousand One Hundred Ninety Fwe and 5WOO' t i
Dollars 1.
DATE AMOUNT
i
PAYSeptember 29.2009 $""'39,195.56 j
TO THE'`
ORDER` `:. "..'s•.t: « ,a... j v r .e.a"., ;...
OF:
YMEMBERS 1 ST FCU
2
t
. r. u� ..! •.. .e... ..•. (L 1FC11g11Y FFAiYREY IIff'[1RIF0.D4TN180M 9'GI( �, �
11000363211' 1:0430000W: 102639i0i6n$
'x
CP01s
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O)
u_Q°
LL �r���ecssssy
zx Q
1gcm'b':�
+�$ a c MCC
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in
EXHIBIT 667"
COMMUNITY FIRST BANK
3725 Old Court Road Phone:(410)833-4700
Baltimore,MD 212108
.......4.r...ear...r.Rrr.r.egee.egrrr.re.e...rage...4".r.....•r........,
Date: 09/2312009
Lender.Members 1't Federal Credit Union
Account#18425-03
Address:5000 Louise Drive,PO Box 40,Mechanicsburg,PA 47055
RE:Anna M.Bowker
Dear Lender.
Enclosed is a check in the amount of$39,195.56 to pay off and close out
completely our existing Mortgage/Nome Equity Loan_ Please send the original
Satisfaction/Release immediately to:
ABL Settlement Solutions
1501 Reedsdale Street
Pittsburgh,PA 15233
Please forward all paid documents•with a copy of the releaselsatisfaction to the
borrower at:
Anna M.Bowker
349 S Market Street
Mechanicsburg,PA 17055
If you have any questions,ptease contact Community First Bank Loan
Services.
Thank you,
-��i�hna M. owker .
CC: Community First Bank
EXHIBIT "8"
Inst. 0 201339315 - Page 1 of 4
Prepared By: CERTIFIED PROPERTY IDENTIFICATION NUMBERS
r JPMCfAortgage 17-24-0787-066 - MECHANICSBURG 2
KHALLUM HALL CCGIS REGISTRY 12/13/2013 BY DC
780 KANSAS LANE 2ND FLOOR
Monroe,LA 71203
After Recording Please Return To.
Avenue 365 Lender Services,LLC
401 Plymouth-Road
Suite 550
Plymouth Meeting,PA 19462
UPIIPIN/TAX ID:17.24-0787-066
�16a R9 l�mo�o�m
PENNSYLVANIA ASSIGNMENT OF MORTGAGE
I Illllf cilli VIII VIII VIII illll llllllf II��II VIII-III Ifll 111 Ilflll Illll llill 1111 Ilii .
For Value Received,the undersigned holder of a Mortgage,Secretary of Housing and Urban
Development,Washington,D.C.and his/her Successors and Assigns, (herein"Assignor")with an
address at 451 7th Street S.W.,Washington,DC,20410 does hereby grant,sell,assign,transfer and
convey unto SRMOF 111012-1 Trust,U.S.Bank Trust National Association,not in Its individual capacity
but solely as Trustee,(herein"Assignee"),whose address is 9990 Richmond Avenue,Suite 400,
Houston,TX,77042.a certain Mortgage dated 09/24/2009 and recorded on 09/30/2009,made and
executed by BOWKER ANNA M to and in favor of COMMUNITY FIRST BANK,A FEDERAL SAVINGS
BANK upon the following described property situated in Cumberland County,Commonwealth of
Pennsylvania: ;
Property Address:319 S MARKET ST,MECHANICSBURG,PA,17055
Legal Description:See attached.
Township: -0 &rw v% n; Mt'C h4'1 c5 bu1'g
such Mortgage having been given to secure payment of One Hundred Twenty Three Thousand Seven
Hundred Twenty Eight dollars and zero cents ($123,728.00),which Mortgage is of record in Book,
Volume,or Liber No.N/A at Page N/A No.200933617,in the Office of the Recorder of Deeds of
Cumberland County,Commonwealth of Pennsylvania.
TO HAVE AND TO HOLD,the same unto Assignee,its successors and assigns,forever,subject only to
the terms and conditions of the above-described Mortgage.
IN WITNFSS WHEREOF,the undersigned Assignor has executed this Assignment of Mortgage on
I V!411,1
Assignor.
Secretary of Housing and Urban Development,Washington,D.C.and his/her Successors and
Assignspay,
Selene Finance LP as Attorney-in-Fact
By: �PCym6e�la�Ad Coury►f�/ PA �s
ea W `
Its: 'ylre President I✓t +i1iGi4 (3o3.
Page#1 39937189 25497 PA570 Cumberland County 1021040924 SFLS Q2 8-13-13(2)
-...._..........' -' --- - '- ---- - I - —
Inst. A 201339315 - Page 3 of 4
EXHIBIT A
ALL THAT CERTAIN BRICK HOUSE, NUMBERED 319 SOUTH MARKET STREET,
AND LOT OF GROUND SITUATE ON THE EAST SIDE OF SOUTH MARKET STREET
IN THE BOROUGH OF MECHANICSBURG, COUNTY OF CUMBERLAND AND STATE
OF PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS, TO-HIT:
BEGINNING AT THE BUILDING LINE ON THE EAST SIDE OF SOUTH MARKET
STREET AT THE CORNER OF PROPERTY NOW OF DAVID W. FULTZ AND MABEL
K. FULTZ, HIS WIFE; THENCE SOUTHWARDLY ALONG THE BUILDING LINE
OF SAID SOUTH MARKET STREET, TWENTY-TWO AND SEVEN-TENTHS (22.7)
FEET TO A POINT; THENCE EASTWARDLY THROUGH THE PARTITION WALL
DIVIDING THE DOUBLE BRICK DWELLING HOUSE OR WHICH THE HOUSE ON
THIS LOT OF GROUND IS THE NORTHERN HALF, AND CONTINUING ALONG THE
LINE OF LAND OF CHARLES M. ECKERT AND VERNA H. ECKERT, HIS WIFE,
ONE HUNDRED THIRTY (130) FEET TO AN IRON PIPE ON THE WEST SIDE OF
AN ALLEY; THENCE NORTHWARDLY ALONG THE LINE OF SAID ALLEY
TWENTY-TWO AND SEVEN-TENTHS (22.7) FEET TO AN IRON PIN; THENCE
WESTWARDLY ALONG THE LINE OF PROPERTY OF DAVID W. FULTZ AND MABEL
K. FULTZ, HIS WIFE, AFORESAID, ONE HUNDRED THIRTY (130) FEET TO A
POINT ON THE BUILDING LINE ON THE EAST SIDE OF MARKET STREET
AFORESAID, THE PLACE OF BEGINNING.
TAX PARCEL ID: 17-24-0787-066
ADDRESS: 319 S MARKET STREET
MECHANICSBURG, PA 17055
I
Inst. # 201339315 - Page 4 of 4
ROBERT P. ZIEGLER
RECORDER OF DEEDSC�,
CUMBERLAND COUNTY
1 COURTHOUSE SQUARE
CARLISLE, PA 17013
717-240-6370 �.
Instrument Number-201339315
Recorded On 12/13/2013 At 9:32:23 AM "Tota[Pages-4
•Instrument Type-ASSIGNMENT OF MORTGAGE
Invoice Number- 153067 User ID-SW
•Mortgagor-BOWKER,ANNA M
"Mortgagee-SRMOF 11 2012-1 TRUST
•Customer-SIMPLIFILE LC&RECORDING
•FEES
STATE WRIT TAX $0.50 Certification Page
STATE JCS/ACCESS TO $23.50
JUSTICE DO NOT DETACH
RECORDING FEES — $11.50
RECORDER OF DEEDS
PARCEL CERTIFICATION $15..00 This page is now part
FEES of this legal document.
COUNTY ARCHIVES FEE $2.00
ROD ARCHIVES FEE $3.00
TOTAL PAID $55.50
I Certify this to be recorded
in Cumberland County PA
RECORDER OF DEEDS
�rao
"-Information denoted by an asterisk may change during
the verification process and may not be reflected on this page.
EXHIBIT 669"
483613 {
Tax Parcel No 17-24-0787-066
Know all Men by these Presents
That 1,Ronny R. Anderson, Sheriff of the County of Cumberland,In the State of
Pennsylvania, for and in consideration of the sum of$ 1.00(One Dollar)to
me in hand paid, do hereby grant and convey SRMOF I12012-1 Trust,U.S.Bank Trust
National Association,Not In Its Individual Capacity but solely as Trustee
2012-4737 Civil Term
JP Morgan Chase Bank,National Association
Vs
Anna M.Bowker
ALL THAT CERTAIN brick house, numbered 31.9 South Market Street,and lot of ground
situate on the east side of South Market Street, in the Borough of Mechanicsburg,County of
Cumberland and State of Pennsylvania,bounded and described as follows,to wit:
BEGINNING at the building line on the east side of South Market Street at the corner of
property now of David W. Fultz and Mabel K. Fultz,his wife; thence southwardly along the
building line of said South Market Street,twenty two and seven-tenths(22.7)feet to a point;
thence eastwardly through the partition wall dividing the double brick dwelling house of which
the house on this lot of ground is the northern half, and continuing along the line of land of
Charles M. Eckert and Verna H.Eckert,his wife,on hundred thirty(130)feet to an iron pipe on
the west side of alley;thence northwardly along the line of said alley twenty-two and seven-
tenths(22.7)feet to an iron pin; thence westwardly along the line of property of David W.Fultz
and Mable K. Fultz,his wife,aforesaid,one hundred thirty(130)feet to a point on the building
line fo the east side of Market Street aforesaid,the place of BEGINNING.
BEING the same premises which WILBUR S.ARBEGAST AND LOTTIE E. ARBEGAST,
HIS WIFE by deed dated July 14, 1958 and recorded July 14, 1958 in the office of the Recorder
in and for Cumberland County in Deed Book N18,Page 462,granted and conveyed to William
W. Bowker and Anna M. Bowker,his wife, in fee.
AND the said William W. Bowker departed this life on February 25, 1994;thus vesting title to
Anna M. Bowker,by operation of law.
TAX MAP PARCEL NUMBER: 17-24-0787-066
I
The same having been sold by me to the said grantee on the 5th day of February
Anno Domini Two Thousand and Fourteen (2014) after due advertisement according to
law, under and by Virtue of a Writ of Execution issued on the 19th of July Anno
Domini 2013 out of the Court of Common Pleas of Cumberland County,Pennsylvania, as
of Civil Term,Two Thousand and Twelve(2012) Number 4737 at the suit of
JP Morgan Chase Bank,National Association-vs-Anna M. Bowker
In Witness Whereof,I have hereunto affixed my signature this 7th day of March
Anno Domini Two Thousand and Fourteen(2014)
�%RonnWer riff
f
Commonwealth of Pennsylvania,ss.
County of Cumberland
Before the undersigned,David D. Buell,Prothonotary of the Court of Common
Pleas of Cumberland County,Pennsylvania,personally appeared Ronny R.Anderson,
Sheriff of Cumberland County aforesaid, and in due form of law declared that the facts
Set forth in the foregoing Deed are true,and that he acknowledged the same in order that
Said deed might be recorded. Witness my hand and seal of said Court,this 7th day
of March Anno Domini Two Thousand and Fourteen(2014)
-Al
a+ •' +« a
t:' tee► H'�Qrf •:ft•i.'
••
a ' :' := Pr thonotary 4R
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'��i.J;•. . •',:: 7 u ::,-a /►1N�IiMMf4��t�.1•M1�wiM�hMM,Mw W�y.�
�1)•i./ •.)•. .1.�,rrl �• •45..E•'•" �'T•�� ��1•._M
'.r 1w.-oz '�' I hereby certify that the residence
/elf,f �� t�`; And Post Office address of the
++tttit•
Within Grantee is
9999 Richmond Avenue
Suite 400
Houston,TX 77042.
Z r�
Ric and W. Stewart
Solicitor
i
REV-183 EX(04-10) RECORDER'S USE ONLY
State Tax Paid
IT
REALTY TRANSFER TAX pennsylvania � --
�• DEPARTVIENT OF REVENUE STATEMENT 4F VALUE Book Number I
Bureau of Individual Taxes Page Number
PO Box 280603 See reverse for instructions.
Harrisburg,PA 17128-0603 Date Recorded
Complete each section and file in duplicate with Recorder of Deeds when(1)the full value/consideration is not set forth in the deed,(2)the
deed is without consideration or by gift,or(3)a tax exemption is claimed.A Statement of Value is not required if the transfer is wholly exempt
from tax based on family relationship or public utility easement.if more space is needed,attach additional sheets.
A.CORRESPONDENT-ALL tnqutres may be directed to the fottowtng person:
Name Telephone Number
McCabe, Weisberg and Conway,P.C. 215-790-1010
Mailing Address City State Zip Code
123 S. Broad Street, Suite 1400 Philadelphia _ PA 19109_
B.TRANSFER DATA C. Date of Acceptance of Document
Grantor(s)/Lessor(s) Grantee(s)/Lessee(s)SRMOF 112012-1 Trust,U.S.Bank Trust National
Sheriff of Cumberland Association,not in its individual capacity but solely as Trustee
Mailing Address ; Mailing Address
1 Courthouse Square,Third Floor -- _ i 9999 Richmond Avenue,SUite 400
City State Zip Code City State Zip Code
Carlisle PA 117013 Houston TX 77042
1
D.REAL ESTATE LOCATION
Street Address City,Township,Borough
_319 South Market Street Mechanicsburg Borough
County School District T
Cumberland _ _ _ f Mechanicsburg Area School District Tax Parcel Number
7-24-0787-066
E.VALUATION DATA_-WAS TRANSACTION PART OF AN ASSIGNMENT OR RELOCATION? ❑Y ❑N
1.Actual Cash Consideration — - 2.Other consideration 3.Total Consideration
$1.00 +0 00 =$1.00
4.County Assessed Value 5.Common Level Ratio Factor 6.Fair Market Value
$161,900.00— —_ _ ._X 0.97 i =$157,043.00
F.EXEMPTION DATA
1a.Amount of Exemption Claimed 1b.Percentage of Grantor's Interest in Real Estate 1c.Percentage of Grantor's Interest Conveyed
100 1000/0 100%
Check Appropriate Box Below for Exemption Claimed.
❑ Will or intestate succession.
(Name of Decedent) (Estate File Number)
❑ Transfer to a trust.(Attach complete copy of trust agreement identifying all beneficiaries.)
❑ Transfer from a trust.Date of transfer into the trust
If trust was amended attach a copy of original amended trust.
❑ Transfer between principal and agentlstraw party. (Attach complete copy of agencylstraw party agreement.)
❑ Transfers to the commonwealth,the U.S.and instrumentalities by gift,dedication,condemnation or in lieu of con-
demnation. (If condemnation or in lieu of condemnation,attach a copy of resolution.)
Transfer from mortgage to a holder of a mortgage in default.(Attach copy of mortgage and notelassignment.)
❑ Corrective or confirmatory deed.(Attach complete copy of the deed to be corrected or confirmed.)
❑ Statutory corporate consolidation,merger,or division. (Attach copy of article.)
❑ Other(Please explain exemption claimed.) Property was sold at Sheriff sale on February 52014 to SRMOF 112012-1 Trust,
U.S.Bank Trust National Association not in its individual capacity but solely as Trustee as holder of a mortgage in default,and,thus,
t x exempt.
Under penalties of law,I declare that 1 have examined this statement,including accompanying information,and to
the best of my knowledge and belief,It is true,correct and complete.
Signature of CorresT dent or Resp Ible Party Date
:21
FAILURE TOOMP TE HIS FORM PROPERLY OR ATTACH REQUESTED DOCUMENTATION MAY ESULT IN
THE RECORDER'S EFUSAL TO RECORD THE DEED.
TAMMY SHEARER
RECORDER OF DEEDS
CUMBERLAND COUNTY,
1 COURTHOUSE SQUARE -- '
CARLISLE, PA.17013 = "
717-240-6370
Instrument Number-201407351
Recorded On 4/10/2014 At 2:29:26 PM *Total Pages-5
*instrument Type-DEED-SHERIFF'S
Invoice Number-159197 1User ID-8MM
*Grantor-BOWYER,ANNA M
*Grantee-SRMOF 112012-1 TRUST
*Customer-SHERIFF
*FEES
STATE WRIT TAX $0.50 Certification Page
STATE JCS/ACCESS TO $23.50
JUSTICE DO NOT DETACH
RECORDING FEES - $12.50
RECORDER OF DEEDS Thisa e is now art
PARCEL CERTIFICATION $15.00 if g p
FEES of this legal document.
AFFORDABLE HOUSING $11.50
COUNTY ARCHIVES FEE $2.00
ROD ARCHIVES FEE $3.00
MECHANICSBURG SCHOOL $0.00
DISTRICT
MECHANICSBURG BOROUGH $0.00
TOTAL PAID $68.00
I Certify this to be recorded
in Cumberland County PA
{ *.cu
cR
RECORDER OF DEEDS
*-Information denoted by an asterisk may change during
the verification process and may not he reflected on this page.
1003613
�IIi�I�lEllll�l��
MIN: 100407100000024583 Loan Number: 3700070892
• NOTE
FHA Case No.
441-9404597-703
SEPTEMBER 24, 2009 MECHANICSBURG PENNSYLVANIA
[Date] [City] (State]
319 S MARKET STREET, MECHANICSBURG, PENNSYLVANIA 17055
[Property Address]
1. PARTIES
"Borrower" means each person signing at the end of this Note, and the person's successors and assigns.
"Lender"means COMMUNITY FIRST BANK, A FEDERAL SAVINGS BANK
and its successors and assigns.
2. BORROWER'S PROMISE TO PAY; INTEREST
In return for a loan received from Lender, Borrower promises to pay the principal sum of
ONE HUNDRED TWENTY—THREE THOUSAND SEVEN HUNDRED TWENTY—EIGHT AND
00/100 Dollars(U:S. $ 123 , 728 . 00 ),
plus interest, to the order of Lender. Interest will be charged on unpaid principal, from the date of disbursement of
the loan proceeds by Lender, at the rate of SIX AND 000/1000 percent
( 6.0 0 0 %)per year until the full amount of principal has been paid.
3. PROMISE TO PAY SECURED
Borrower's promise to pay is secured by a mortgage, deed of trust or similar security instrument that is dated
the same date as this Note and called the"Security Instrument." The Security Instrument protects the Lender from
losses which might result if Borrower defaults utlder this Note.
4. MANNER OF PAYMENT
(A) Time
Borrower shall make a payment of principal and interest to Lender on the 1st day of each month beginning
on NOVEMBER 1, 2009 . Any principal and interest remaining on the 1st day of
OCTOBER, 2029 ,will be due on that date,which is called the"Maturity Date."
(B) Place
Payment shall be.made at 3725 OLD COURT ROAD, BALTIMORE, MARYLAND
21208
or at such other place
as Lender may designate in writing by notice to Borrower.
(C) Amount
Each monthly payment of principal and interest will be in the amount of U.S. $ 886-43
This amount will be part of a larger monthly payment required by the Security. Instrument, that shall be applied to
principal, interest and other items in the order described in the Security Instrument
(D) Allonge to this Note for Payment Adjustments
If an allonge providing for payment adjustments is executed by Borrower together with this Note,the covenants
of the allonge shall be incorporated into and shall amend and supplement the covenants of this Note as if the allonge
were a part of this Note.
MULTISTATE-FHA FIXED RATE NOTE DocMaglc A%tV=800-649.1362
USFHA:NTE 05/01/08 Page 1 of 3 www.docmagic.com
(Check applicable box.)
❑ Growing Equity Allonge
❑ Graduated Payment Allonge
❑ Other[specify]:
5. BORROWER'S RIGHT TO PREPAY
Borrower has the right to pay the debt evidenced by this Note, in whole or in part,without charge or penalty,
on the first day of any month. Lender shall accept prepayment on other days provided that Borrower pays interest
on the amount prepaid for the remainder of the month to the extent required by Lender and permitted by regulations
of the Secretary. If Borrower makes a partial prepayment, there will be no changes in the'due date or in the amount
of the monthly payment unless Lehder agrees in writing to those changes.
6. BORROWER'S FAILURE TO PAY
(A) Late Charge for Overdue Payments
If Lender has not received the full monthly payment required by the Security Instrument, as described in
Paragraph 4(C)of this Note, by the end of fifteen calendar days after the payment is due,Lender may collect a late
charge in the amount of FOUR AND 0 0 0/10 0 0 percent( 4. 000 %)
of the overdue amount of each payment.
(B) Default
If Borrower defaults by failing to pay in full any monthly payment, then Lender may, except as limited by
regulations of the Secretary in the case of payment defaults,require immediate payment in full of the principal balance
remaining due and all accrued interest. Lender may choose not to exercise this option without waiving its rights in
the event of any subsequent default. In many circumstances, regulations issued by the Secretary will limit Lender's
rights to require immediate payment in full in the case ofpayment defaults. This Note does not authorize acceleration
when not permitted by HUD regulations. As used in this Note, "Secretary"means the Secretary of Housing and
Urban Development or his or her designee.
(C) Payment of Costs and Expenses
If Lender has required immediate payment in full,as described above,Lender may require Borrower to pay costs
and expenses including reasonable and customary attorneys' fees for enforcing this Note to the extent not prohibited
by applicable law. Such fees and costs shall bear interest from the date of disbursement at the same rate as the
principal of this Note.
7. WAIVERS
Borrower and any other person who has obligations under this Note waive the rights of presentment and notice
of disliouor. "Presentment" means the right to require Lender to demand payment of amounts due. "Notice of
Dishonor"means the right to require Lender to give notice to other persons that amounts due have not been paid.
8. GIVING OF NOTICES
Unless applicable law requires a different method, any notice that must be given to Borrower under this Note
will be given by delivering it or by mailing it by first class mail to Borrower at the Property Address above or at a
different address if Borrower has given Lender a notice of Borrower's different address.
Any notice that must be given to Lender under this Note will be given by delivering it or by mailing it by first
class mail to Lender at the address stated in Paragraph 4(B)or at a different address if Borrower is given a notice of
that different address.
9. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs.this Note, each person is fully and personally obligated to keep all of the promises
made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or
endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including
the'obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in
• � /�llJ
MULTISTATE-FHA FIXED RATE NOTE DocMagicePan=8004494362
USFHA.NTE 05/09/08 Page 2 of 3 www.docmaglc.com
f ,
this Note. Lender may enforce its rights under this Note against each person individually or against all signatories
together. Any one person signing this Note may be required to pay all of the amounts owed under this Note.
BY SIGNING BELOW,Borrower accepts and agrees to the terms and covenants contained in this Note.
(Seal) (Seal)
ANNA WI R -Borrower -Borrower
(Seal) (Seal)
-Borrower -Borrower
(Seal) (Seal)
-Borrower -Borrower
See attached Allonge
lYgn Original Only]
MULTISTATE-FHA FIXED RATE NOTE DocMagic eTC1V=800-649-1362
QSFHA.NTE 05/01/08 Page 3 of 3 www.docmaglacom
KAPLIN STEWART MELOFF REITER & STEIN, P.0
By: Michael P. Coughlin, Esquire
I.D. No. 43793
Union Meeting Corporate Center
910 Harvest Drive
Blue Bell, Pennsylvania 19422
(610) 941-2456
SRMOF II 2012-1 TRUST, U.S. BANK TRUST :
NATIONAL ASSOCIATION, NOT IN ITS .
INDIVIDUAL CAPACITY BUT SOLELY AS :
TRUSTEE
9999 Richmond Avenue, Ste. 400
Houston, TX 77042,
Plaintiff,
v.
MEMBERS 1sT FEDERAL CREDIT UNION
5000 Louise Drive
Mechanicsburg, PA 17056,
Defendant.
•
•
•
•
•
20(4j25
Pf/t/ �L h tvO
vri Attorneys for Plaintiff ` 04
COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
No. 14 -3866 -Civil
ACCEPTANCE OF SERVICE
I hereby accept service of the "Complaint" in the above matter on behalf of Defendant,
Members 1st Federal Credit Union, anertify that I am authorized to do so.
By:
Dated: 4 -21- 2_0
KAM. L DEBO M, ESQUIRE
P.O. Box 173
New Cumberland, PA 17070-0173
Telephone: (717) 938-6929
Fax: (717) 932-0317
--4111111W-
FILED -OFFICE
THE PROTHONOTARY
2014 AUG -7 AM 9: 53
CUMBERLAND COUNTY
PENNSYLVANIA
Karl M. Ledebohm, Esq.
P.O. Box 173
New Cumberland, PA 17070-0173
(717) 938-6929
SRMOF II 2012-1 TRUST, US BANK : IN THE COURT OF COMMON PLEAS
TRUST NATIONAL ASSOCIATION, : CUMBERLAND COUNTY,
NOT IN ITS INDIVIDUAL CAPACITY : PENNSYLVANIA
BUT SOLELY AS TRUSTEE
PLAINTIFF
v.
MEMBERS 1ST FEDERAL CREDIT
UNION
DEFENDANT
: NO.: 14-3866 CIVIL
To: Plaintiff: SRMOF II Trust, US Bank Trust National Association
You are hereby notified to file a written response to the enclosed New Matter
within twenty (20) days from service hereof or a judg t may be entered against you.
Karl . Ledebohm, Esquire
Supreme Court ID #59012
P.O. Box 173
New Cumberland, PA 17070-0173
(717)938-6929
Attorney for Members 1St Federal Credit
Union
Karl M. Ledebohm, Esq.
P.O. Box 173
New Cumberland, PA 17070-0173
(717) 938-6929
SRMOF II 2012-1 TRUST, US BANK : IN THE COURT OF COMMON PLEAS
TRUST NATIONAL ASSOCIATION, : CUMBERLAND COUNTY,
NOT IN ITS INDIVIDUAL CAPACITY : PENNSYLVANIA
BUT SOLELY AS TRUSTEE
PLAINTIFF
v.
MEMBERS 1ST FEDERAL CREDIT
UNION
DEFENDANT
: NO.: 14-3866 CIVIL
MEMBERS 1ST FEDERAL CREDIT UNION'S
ANSWER
TO COMPLAINT
AND NEW MATTER
1
Defendant, Members 1St Federal Credit Union (hereinafter, "Members 1St") through its
attorneys, Karl M. Ledebohm, Esq. and Richard P. Mislitsky, Esq., hereby makes the following
answer to the complaint:
1. No response required.
2. Admitted.
3. Conclusion of law to which no response is required. After reasonable investigation, it is
not known to Members 1st whether Anna M. Bowker is the current owner of the property
known as 319 S. Market Street, Mechanicsburg, PA 17055 (the "Property").
4. Conclusion of law to which no response is required. It is admitted that Anna M. Bowker
and William W. Bowker are the grantees listed on the deed (the "Deed") recorded in the
Cumberland County Recorder of Deeds office at Deed Book N-18, Page 462, a copy of
which is attached to the complaint as Exhibit 1. The Deed of record speaks for itself.
5. The Deed of record speaks for itself.
6. Members 1St believes and therefore avers that William Bowker died on or about
November 27, 1993 whereupon Anna M. Bowker ("Bowker") became the sole owner of
the Property by operation of law.
7. Denied. After reasonable investigation the truth of the averments is not known to
Members 1St and strict proof is required at trial.
8. Denied. After reasonable investigation the truth of the averments is not known to
Members 1St and strict proof is required at trial.
9. Denied. The averments in paragraph 9 are specifically denied. Contrary to Plaintiff's
assertions, Members 1st affirmatively avers that the parties to the closing on the
refinancing had no intention of satisfying or closing the Line of Credit (the "LOC")
2
secured by the Members 1St Mortgage as evidenced by: (a) between the Payoff Statement,
a copy of which is attached to the Complaint as Exhibit 5 and made part hereof (the
"Payoff Statement"), on 9/16/2009 and 9/30/2009 and thereafter, Bowker continued to
borrow on the LOC secured by the Members 1st Mortgage; (b) pursuant to the HELOC
Extension Agreement, a copy of which is attached hereto and incorporated herein by
reference as Exhibit D-1, on 9/17/2009, one day after the Payoff Statement, Bowker
intentionally extended the duration of the LOC for an additional five (5) years; (c)
the title agent responsible for the closing alleged by Plaintiff to be ABL Settlement
Solutions (the "Title Agent") did not provide Defendant with the amount necessary to
satisfy the obligation owed to Members 1st in connection with the Members 1st Mortgage;
(d) similarly, the Title Agent did not provide Members 1st with the Instruction Letter (the
"Instructional Letter") attached to the Complaint as Exhibit 7 and made part hereof by
reference; and, (e) between September 16, 2009 and 9/26/2011 Bowker continued to
borrow on the LOC which she intentionally extended for an additional 5 years on
September 17, 2009. By further answer, Members 1St believes and therefore avers that
Plaintiff and/or Title Agent failed to update the payoff due on the LOC despite the lapse
of 13 days between the Payoff Statement and the issuance of proceeds to Members 1st
For the foregoing reasons, contrary to Plaintiff's assertion, Members 1St believes and
avers that the parties to the settlement referred to by Plaintiff only intended to reduce the
balance due on the LOC. IN THE ALTERNATIVE, PLAINTIFF AND/OR TITLE
AGENT WERE NEGLIGENT FOR FAILING TO UPDATE THE PAYOFF DUE
ON THE LOC, FAILING TO SATISFY THE LOC AND/OR MEMBERS 1sT'S
MORTGAGE AND/OR FAILING TO CLOSE THE LOC.
3
In the event that this honorable court concludes, contrary to the facts herein set forth, that
there was intention to satisfy and/or close the LOC, thereby removing the Members 1st
Mortgage as Plaintiff implies, then the Title Agent is responsible for any loss that may
have been sustained by the Plaintiff, which loss Defendant denies, or is liable over to
Members 1St for any loss it sustains. Moreover, Plaintiff assumed the risk with regards to
the status of title and Members 1st Mortgage which Plaintiff admits at paragraph 12
enjoys priority over Plaintiff's interest in the Property when it made the loan evidenced
by the junior Community Mortgage. After reasonable investigation the truth of the
remaining averments in paragraph 9 is not known to Members 1st and strict proof is
required at trial.
10. Denied. After reasonable investigation the truth of the averments is not known to
Members 1st and strict proof is required at trial. By further answer, the record in the
Cumberland County Recorder of Deeds office speaks for itself.
11. After reasonable investigation the truth of the averments is not known to Members 1st and
strict proof is required at trial. By further answer, the record in the Cumberland County
Recorder of Deeds office speaks for itself
12. It is admitted that the Members 1st Mortgage identified by Plaintiff (the "Members
1st Mortgage"), at all times relevant to the Complaint, constituted and continues to
constitute a "first -position" lien on the Property as admitted by Plaintiff. After
reasonable investigation the truth of the remaining averments is not known to Members
1St and strict proof is required at trial. By further answer, the record in the Cumberland
County Recorder of Deeds office speaks for itself.
4
13. Admitted that the Members 1st Mortgage secures the LOC extended by Members 1St to
Anna M. Bowker.
14. Admitted that at all times relevant to the Complaint, the Members 1st Mortgage
constituted and continues to constitute a first mortgage lien against the Property which
has priority as a matter of law over the Community Mortgage attached to the
complaint as Exhibit 3. By further answer, the Members 1st Mortgage of record speaks
for itself.
15. Denied. After reasonable investigation the truth of the averments is not known to
Members 1st and strict proof is required at trial. The averments as to an unrelated
mortgage in favor of Beneficial Homeowner Services Corporation is irrelevant to the
Complaint filed by Plaintiff against Members 1St. By further answer, contrary to
plaintiffs assertions, Members 1St affirmatively avers that the parties to the closing on the
refinancing had no intention of ensuring that the Community Mortgage constituted a first
lien position mortgage against the Property or satisfying or closing the LOC as evidenced
by: (a) between the Payoff Statement on 9/16/2009 and 9/30/2009 and thereafter, Bowker
continued to borrow on the LOC secured by the Members 1St Mortgage; (b) pursuant to
HELOC Extension Agreement, on 9/17/2009, one day after the Payoff Statement,
Bowker intentionally extended the duration of the LOC for an additional five (5)
years; (c) the Title Agent did not provide Defendant with the amount necessary to satisfy
the obligation owed to Members 1st in connection with the Members 1St Mortgage; (d)
similarly, the Title Agent did not provide Members 1st with the Instruction Letter; and, (e)
between September 16, 2009 and 9/26/2011 Bowker continued to borrow on the LOC
which she intentionally extended for an additional 5 years on September 17, 2009.
5
By further answer, Members 1St believes and therefore avers that Plaintiff and/or Title
Agent failed to update the payoff due on the LOC despite the lapse of 13 days between
the Payoff Statement and the issuance of proceeds to Members 1st. For the foregoing
reasons, contrary to Plaintiff's assertion, Members 1St believes and avers that the parties
to the settlement referred to by Plaintiff only intended to reduce the balance due on the
LOC. IN THE ALTERNATIVE, PLAINTIFF AND/OR TITLE AGENT WERE
NEGLIGENT FOR FAILING TO UPDATE THE PAYOFF DUE ON THE LOC,
FAILING TO SATISFY THE LOC AND/OR MEMBERS 1sT'S MORTGAGE
AND/OR FAILING TO CLOSE THE LOC.
16. Denied. After reasonable investigation the truth of the averments is not known to
Members 1st and strict proof is required at trial. The averments as to an unrelated
mortgage in favor of Beneficial Homeowner Services Corporation is irrelevant to the
Complaint filed by Plaintiff against Members 1St. The record in the Recorder of Deeds
office speaks for itself.
17. Admitted in part and denied in part. It is admitted that Members 1st provided the Payoff
Statement dated September 16, 2009 concerning the active LOC secured by the Members
1St Mortgage. It is denied that the Payoff Statement provided by Members 1St contained
any handwriting other than the signature of Dawn Hershey, Real Estate Loan Co-
ordinator. Members 1St believes and therefore avers that the Settlement Agent
unilaterally reduced the amount due to Members 1st under the Members 1st
Mortgage as evidenced by the handwriting on the Payoff Statement. The remaining
averments in paragraph 17 are specifically denied. By further answer, contrary to
Plaintiff's assertions, for the reasons stated in the answer to paragraph 15 above which
6
are incorporated herein by reference, Members 1st affirmatively avers that the parties to
the closing on the refinancing had no intention of ensuring that the Community Mortgage
constituted a first lien position mortgage against the Property or of satisfying or closing
the LOC secured by the Members 1st Mortgage. By further answer, Members 1st believes
and therefore avers that Plaintiff and/or Title Agent failed to update the payoff due on the
LOC despite the lapse of 13 days between the Payoff Statement and the issuance of
proceeds to Members l st. For the foregoing reasons, contrary to Plaintiff's assertion,
Members 1St believes and avers that the parties to the settlement referred to by Plaintiff
only intended to reduce the balance due on the LOC. IN THE ALTERNATIVE,
PLAINTIFF AND/OR TITLE AGENT WERE NEGLIGENT FOR FAILING TO
UPDATE THE PAYOFF DUE ON THE LOC, FAILING TO SATISFY THE LOC
AND/OR MEMBERS 1sT'S MORTGAGE AND/OR FAILING TO CLOSE THE
LOC. The truth of the remaining averments are not known to Members 1St and strict
proof is therefore required at trial.
18. It is admitted that Members 1St provided the Payoff Statement dated September 16, 2009
with regards to an active LOC secured by the Members 1St Mortgage but without the
handwriting evidenced on Plaintiff's Exhibit 5 by which the Title Agent apparently
unilaterally reduced the amount due to Members 1" under the LOC. The
remaining averments in paragraph 18 are specifically denied. By further answer,
contrary to Plaintiffs assertions, for the reasons stated in the answer to paragraph 15
above which are incorporated herein by reference, Members 1st affirmatively avers that
the parties to the closing on the refinancing had no intention of ensuring that the
7
Community Mortgage constituted a first lien position mortgage against the Property or
satisfying or closing the LOC secured by the Members 1st Mortgage.
19. The Payoff Statement speaks for itself. By further answer, the Title Agent and/or Plaintiff
knew or should have known that the Members 1st Mortgage secured an active LOC upon
which amounts could be drawn by Anna M. Bowker at any time after September 16,
2014, the date of the Payoff Statement. For the reasons stated in the answers to paragraph
15 above which are incorporated herein by reference, Members 1st affirmatively avers
that the parties to the closing on the refinancing had no intention of satisfying or closing
the LOC, but rather, only intended to reduce the balance due on the LOC. By further
answer, Members 1St believes and therefore avers that Plaintiff and/or Title Agent failed
to update the payoff due on the LOC despite the lapse of 13 days between the Payoff
Statement and the issuance of proceeds to Members 1St. IN THE ALTERNATIVE,
PLAINTIFF AND/OR TITLE AGENT WERE NEGLIGENT FOR FAILING TO
UPDATE THE PAYOFF DUE ON THE LOC, FAILING TO SATISFY THE LOC
AND/OR MEMBERS 1sT'S MORTGAGE AND/OR FAILING TO CLOSE THE
LOC.
20. Denied. The averments in paragraph 20 are specifically denied. By further answer,
contrary to Plaintiff s assertions, for the reasons stated in the answer to paragraphs 15 and
19 above which are incorporated herein by reference, Members 1st affirmatively avers
that the parties to the closing on the refinancing had no intention of ensuring that the
Community Mortgage constituted a first lien position mortgage against the Property or of
satisfying or closing the LOC secured by the Members 1st Mortgage. For the foregoing
reasons, contrary to Plaintiffs assertion, Members 1St believes and avers that the parties
8
to the settlement referred to by Plaintiff only intended to reduce the balance due on the
LOC. IN THE ALTERNATIVE, PLAINTIFF AND/OR TITLE AGENT WERE
NEGLIGENT FOR FAILING TO UPDATE THE PAYOFF DUE ON THE LOC,
FAILING TO SATISFY THE LOC AND/OR MEMBERS 1sT'S MORTGAGE
AND/OR FAILING TO CLOSE THE LOC. After reasonable investigation, the truth
of the remaining averments in paragraph 20 is not known to Members 1St and strict proof
is required at trial.
21. Denied. The averments in paragraph 21 are specifically denied. Contrary to plaintiff s
assertions, for the reasons stated in the answers to paragraphs 15 and 20 above which are
incorporated herein by reference, Members 1St affirmatively avers that the parties to the
closing on the refinancing had no intention of satisfying or closing the LOC, but rather,
only intended to reduce the balance due on the LOC. After reasonable investigation, the
truth of the remaining averments in paragraph 21 is not known to Members 1st and strict
proof is required at trial.
22. Denied. After reasonable investigation the truth of the averments is not known to
Members 1st and strict proof is required at trial. By further answer, contrary to Plaintiff s
assertions, for the reasons stated in the answers to paragraphs 15, 20 and 21 above which
are incorporated herein by reference, Members 1St affirmatively avers that the parties to
the closing on the refinancing had no intention of satisfying or closing the LOC, but
rather, only intended to reduce the balance due on the LOC.
23. Denied. The averments in paragraph 23 are specifically denied. It is denied that the
Payoff Check was accompanied by the Instructional letter or any other correspondence
containing the language averred by Plaintiff in paragraph 23. By further answer, contrary
9
to Plaintiff's assertions, for the reasons stated in the answers to paragraphs 15, 20 and 21
above which are incorporated herein by reference, Members 1St affirmatively avers that
the parties to the closing on the refinancing had no intention of satisfying or closing the
LOC, but rather, only intended to reduce the balance due on the LOC. The language
asserted by Plaintiff to have been contained in the Instructional Letter is contrary to
Bowker's express intent to extend the LOC evidenced by the HELOC Extension
Agreement which Ms. Bowker requested and signed on 9/17/2009, a copy of which is
attached as Exhibit D-1 and made part hereof. After reasonable investigation, the truth of
the remaining averments in paragraph 23 is not known to Members 1St and strict proof is
required at trial.
24. Denied. The averments in paragraph 24 are specifically denied. It is denied that the
Instructional Letter was provided to Members 1St with any payment. By further answer,
contrary to Plaintiff's assertions, for the reasons stated in the answers to paragraphs 15,
20, 21 and 23 above which are incorporated herein by reference, Members 1St
affirmatively avers that the parties to the closing on the refinancing had no intention of
satisfying or closing the LOC, but rather, only intended to reduce the balance due on the
LOC. After reasonable investigation, the truth of the remaining averments in paragraph
24 is not known to Members 1st and strict proof is required at trial.
25. Denied. For the reasons set forth in paragraphs 15 and 20 through 24 incorporated herein
by reference, the averments in paragraph 25 are specifically denied. After reasonable
investigation, the truth of the remaining averments in paragraph 25 is not known to
Members 1St and strict proof is required at trial.
10
26. Denied. It is denied that Members 1St received the Instruction Letter. It is admitted that
Members 1St received a payment on account of the Members 1st Mortgage on or about
September 30, 2009 in the amount of $39,158.56. It is denied that the $39,158.56 was
sufficient to satisfy the obligation evidenced by the Members 1St Mortgage.
Specifically, since the date of the Payoff Statement and prior to Members 1 St's receipt of
$39,158.56 on or about September 30, 2009 (the "Insufficient Payment"), Anna M.
Bowker drew down and borrowed additional funds on the LOC on September 22, 2009.
By further answer, after application of the Insufficient Payment, a positive balance
remained due to Members 1st under the LOC secured by the Members 1st Mortgage.
After reasonable investigation, the truth of the remaining averments is not known to
Members 1st and such averments are denied and strict proof is required at trial.
27. Denied. The averments in paragraph 27 are specifically denied. It is denied that Members
1St had a duty to contact any party concerning the insufficient Payment. After reasonable
investigation, the truth of the averments is not known to Members 1St and strict proof is
required at trial. To the contrary, Members 1st believes and avers that the Title Agent/and
or Plaintiff improperly, unilaterally reduced the amount due to Members 1st as stated in
the Payoff Statement as evidenced by the handwriting on the copy attached to the
Complaint as Exhibit 5 ;and, despite being fully aware that the Members 1st Mortgage
secured an active LOC, that Title Agent failed to contact Members 1st to update the
Payoff Statement despite the apparent delay of thirteen (13) days from the date of the
Payoff Statement and issuance of the alleged payoff check. By further answer, contrary to
Plaintiff s assertions, for the reasons stated in the answers to paragraphs 15, 20, 21 and 23
above which are incorporated herein by reference, Members 1St affirmatively avers that
11
the parties to the closing on the refinancing had no intention of satisfying or closing the
LOC, but rather, only intended to reduce the balance due on the LOC. In the event that
this honorable court concludes, contrary to the facts herein set forth, that there was
intention to satisfy and/or close the LOC, thereby removing the Members 1st Mortgage as
Plaintiff implies, then the Title Agent is responsible for any loss that may have been
sustained by the Plaintiff, which loss Defendant denies, or is liable over to Members 1st
for any loss it sustains. Moreover, Plaintiff assumed the risk with regards to the status of
title and Members 1st Mortgage which Plaintiff admits at paragraph 12 enjoys priority
over Plaintiff's interest in the Property when it made the loan evidenced by the junior
Community Mortgage. After reasonable investigation the truth of the remaining
averments in paragraph 27 is not known to Members 1st and strict proof is required at
trial.
28. Denied. The insufficient Payment being insufficient to satisfy the amounts due on the
LOC, it is denied that Members 1St had any duty to satisfy or release the Members 1St
Mortgage of record. By further answer, contrary to Plaintiffs assertions, for the reasons
stated in the answers to paragraphs 15, 20, 21, 23 and 27 above which are incorporated
herein by reference, Members 1St affirmatively avers that the parties to the closing on the
refinancing had no intention of satisfying or closing the LOC, but rather, only intended to
reduce the balance due on the LOC. After reasonable investigation the truth of the
remaining averments in paragraph 28 is not known to Members 1st and strict proof is
required at trial.
29. Denied. It is denied that Members 1st received the Instruction Letter. In any event, the
insufficient Payment being insufficient to satisfy the amounts due on the LOC, it is
12
denied that Members 1st had any duty to close the LOC particularly in light of
Bowker's subsequent use of the LOC and execution of the Heloc Extension
Agreement, a copy of which is attached hereto as Exhibit D-1 and made part hereof, by
which Bowker, on September 17, 2009, specifically extended the LOC for an additional
five (5) years and which, among other things, specifically affirms that the Members 1st
Mortgage shall remain in full force and effect in all respects. By further answer, contrary
to Plaintiff's assertions, for the reasons stated in the answers to paragraphs 15, 20, 21 and
23 above which are incorporated herein by reference, Members 1st affirmatively avers
that the parties to the closing on the refinancing had no intention of satisfying or closing
the LOC, but rather, only intended to reduce the balance due on the LOC. After
reasonable investigation the truth of the remaining averments in paragraph 29 is not
known to Members 1st and strict proof is required at trial.
30. Denied. To the contrary, for the reasons set forth in the answer to paragraph 29 above
incorporated herein by reference and the insufficient Payment being insufficient to satisfy
the amounts due on the LOC, Members 1st had no duty to close the LOC or to refuse
access to the LOC to Anna M. Bowker. It is admitted that Anna M. Bowker drew
additional funds on the LOC after September 16, 2014, the date of the Payoff Statement.
For the reasons set forth in the answer to paragraph 29 above, which averments are
incorporated herein by reference, Members 1st affirmatively avers that the parties to the
closing on the refinancing had no intention of satisfying or closing the LOC. After
reasonable investigation, the truth of the remaining averments in paragraph 30 are not
known to Members 1st and such averments are therefore denied and strict proof required
at trial.
13
31. Denied. Conclusions of law to which no response is required. The document of record in
the Cumberland County Recorder of Deeds office speaks for itself. After reasonable
investigation the truth of the averments is not known to Members 1st and strict proof is
required at trial.
32. Denied. The document of record in the Cumberland County Recorder of Deeds office
speaks for itself. After reasonable investigation the truth of the averments is not known to
Members 1st and strict proof is required at trial.
33. Denied. Conclusions of law to which no response is required. After reasonable
investigation the truth of the averments is not known to Members 1St and strict proof is
required at trial. The record in the Cumberland County Prothonotary's office in
connection with the foreclosure filed by JPMorgan Chase Bank, National Association to
Cumberland County Docket No.: 2012-04737 as to the Property and the documents of
record in the Cumberland County Recorder of Deeds Office speak for themselves.
34. Denied. After reasonable investigation, the truth of the averments is not known to
Members 1st and strict proof is required at trial.
35. Denied. Conclusions of law to which no response is required. After reasonable
investigation the truth of the averments is not known to Members 1st and strict proof is
required at trial. The documents of record in the Cumberland County Recorder of Deeds
Office speak for themselves. By way of further answer, any title conveyed to Plaintiff
by the Sheriff's Deed conveyed only such title possessed by Bowker as of the date of
the Sheriff's Sale, which title was and continues to be subiect to Members lst's
Mortgage.
14
36. Denied. The documents of record in the Cumberland County Recorder of Deeds Office
speak for themselves.
37. Denied. Conclusion of law to which no response is required. It is denied that Plaintiff
acquired title to the Property free and clear of Members lst's Mortgage. To the contrary,
as a matter of law, Plaintiff acquired no more rights in the Property than those held by
Anna M. Bowker at the time of the Sheriff's Sale. By further answer, Plaintiff
specifically admits at paragraph 12 that the Members 1st Mortgage enjoyed, "first
position" on the title to the Property at the time of the Sheriffs Sale. For the
foregoing reasons, Plaintiff acquired title to the Property, if at all, specifically subject
to Members 1st's Mortgage. After reasonable investigation, the truth of the remaining
averments is not known to Members 1st and strict proof is required at trial.
38. The amount due under the LOC secured by Members lst's Mortgage as of July 31, 2014
is approximately $43,638.50 itemized as follows:
a. Principal $39,984.08
b. Interest to 7/31/14 3,613,92
c. Other charges 40.50
d. Total due to Member 1st as of 7/31/14 $43,638.50
Interest continues to accrue on the above obligation at the rate of $4.3709 per day.
39. Denied. The for the reasons stated in the answer to paragraph 28 above incorporated
herein by reference and the Insufficient Payment being insufficient to satisfy the balance
due on the LOC and the Members 1st Mortgage, the Members 1st Mortgage remains a
valid and enforceable lien as to the Property which secures all amounts due to Members
1st under the LOC and Plaintiff is not entitled to have the Members 1st Mortgage satisfied
or released until all amounts due under the LOC and Members 1St's Mortgage are paid to
Members 1st
15
ANSWER TO COUNT I — QUIET TITLE
40. No response required.
41. Pa. R. C. P. 1061(b) speaks for itself. To the contrary, Plaintiff acquired title to the
property specifically subject to Members lst's Mortgage. Plaintiff, as the purchaser at
the foreclosure sheriffs sale, received no more than the interest in the Property possessed
by Anna M. Bowker at the time of the Sheriff's Sale. At the time of the Sheriff's Sale,
Bowker's ownership interest in the Property was clearly subject to the Members 1st
Mortgage (Plaintiff admits priority of recording of Members 1st mortgage at paragraph 12
of the Complaint) and Plaintiff acquired title to the Property, if at all, specifically subject
to Members lst's Mortgage. See Blumer v. Metropolitan Life Ins. Co. 66 A. 2d 245, 362
Pa. 7 (Pa Supreme Court 1949) in which the Pennsylvania Supreme Court specifically
held that plaintiff's complaint to quiet title was demurrable since the plaintiff could not
maintain an action to quiet title against his wife where plaintiff and his wife held equal
title to the property as tenants by the entireties. Id. By further answer, contrary to
Plaintiff's assertions, for the reasons stated in the answers to paragraphs 15, 20, 21 and 23
above, which are incorporated herein by reference, Members 1st affirmatively avers that
the parties to the closing on the refinancing had no intention of satisfying or closing the
LOC, but rather, only intended to reduce the balance due on the LOC.
42. Pa. R. C. P. 1066 speaks for itself. For the reasons set forth in paragraph 41, incorporated
herein by reference, Plaintiff acquired title to the Property at Sheriffs Sale specifically
subject to the Members 1st Mortgage and is therefore not entitled to the relief requested
in the Complaint. Plaintiff has the burden of demonstrating the strength of its title and, in
order to succeed in the instant quiet title action, must recover, "... on the strength of
16
[Plaintiff sl own title and not of the weakness of a defendant's." Blumer v.
Metropolitan Life Ins. Co. 66 A. 2d 245, 362 Pa. 7 (Pa Supreme Court 1949).
WHEREFORE, Defendant respectfully requests this honorable Court to deny the relief
requested in the Plaintiff s Complaint and to grant such other relief as the Court deems
appropriate.
ANSWER TO COUNT II — DECLARATORY RELIEF
43. No response required.
44. Denied. The Insufficient Payment being insufficient to satisfy the LOC and the Members
1St Mortgage, the Members 1St Mortgage remains a valid and enforceable lien as to the
Property which secures all amounts due to Members 1st under the LOC and Plaintiff is
not entitled to have the Members 1st Mortgage satisfied or released until all amounts due
under the LOC are paid to Members 1St. By further answer, for the reasons stated in the
answers to paragraphs 15, 20, 21 and 23 above which are incorporated herein by
reference, contrary to plaintiffs assertions, Members 1St affirmatively avers that the
parties to the closing on the refinancing had no intention of satisfying or closing the LOC
but rather, only intended to reduce the balance due on the LOC. After reasonable
investigation, the truth of the remaining averments in paragraph 44 is not known to
Members 1st and strict proof is required at trial. IN THE ALTERNATIVE,
PLAINTIFF AND/OR TITLE AGENT WERE NEGLIGENT FOR FAILING TO
UPDATE THE PAYOFF DUE ON THE LOC, FAILING TO SATISFY THE LOC
AND/OR MEMBERS 1sT'S MORTGAGE AND/OR FAILING TO CLOSE THE
LOC.
17
WHEREFORE, Defendant respectfully requests this honorable Court to deny the relief
requested in the Plaintiff s Complaint and to grant such other relief as the Court deems
appropriate.
NEW MATTER
45. The responses set forth above are incorporated herein by reference as if set forth in full.
46. The Title Agent and/or Plaintiff knew or should have known that the Members 1st
Mortgage secured an active LOC upon which amounts could be drawn by Aima M.
Bowker at any time after September 16, 2009, the date of the Payoff Statement.
47. Members 1st affirmatively avers that the parties to the closing on the refinancing had no
intention of satisfying or closing the Line of Credit (the "LOC") secured by the Members
1St Mortgage but only intended to reduce the balance due based upon the following facts:
(a) between the Payoff Statement, a copy of which is attached to the Complaint as
Exhibit 5 and made part hereof, on 9/16/2009 and 9/30/2009 and thereafter, Bowker
continued to borrow on the LOC secured by the Members 1St Mortgage;
(b) Pursuant to the HELOC Extension Agreement, a copy of which is attached hereto
and incorporated herein by reference as Exhibit D-1, on 9/17/2009, one day after
the Payoff Statement, Bowker intentionally extended the duration of the LOC
for an additional five (5) years and specifically agreed, among other things, that
the Members 1st Mortgage would remain in full force and effect;
(c) the Title Agent responsible for the closing did not provide Defendant with the
amount necessary to satisfy the obligation owed to Members 1st in connection with
the Members 1st Mortgage;
18
(d) similarly, the Title Agent did not provide Members 1st with the Instruction Letter;
and,
(e) between September 16, 2009 and 9/26/2011 Bowker continued to borrow on the
LOC which she intentionally extended for an additional 5 years on September 17,
2009.
48. IN THE ALTERNATIVE, PLAINTIFF AND/OR TITLE AGENT WERE
NEGLIGENT FOR FAILING TO UPDATE THE PAYOFF DUE ON THE LOC,
FAILING TO SATISFY THE LOC AND/OR MEMBERS 1sT'S MORTGAGE
AND/OR FAILING TO CLOSE THE LOC for the following reasons:
(a) Members 1st believes and therefore avers that the Title Agent and/or Plaintiff
improperly and negligently failed to update the payoff in the intervening 13 days
between the Payoff Statement and tender of payment on a known, active LOC.
(b) Members 1st believes and therefore avers that the Title Agent and/or Plaintiff
improperly, unilaterally reduced the payoff amount stated in the Payoff Statement as
is evidenced by the hand writing on the Payoff Statement attached to the Complaint
as Exhibit 5 and made part hereof by reference.
(c) Members 1st believes and therefore avers that the Title Agent and/or Plaintiff failed,
at any time after tendering to Members 1St the Insufficient Payment on or about
September 29, 2009, to follow up concerning the status of the satisfaction of
Members 1st's mortgage as required by standard title insurance operating procedures.
49. For some or all of the foregoing reasons, Plaintiff's claims are barred by Plaintiff's own
negligence or the negligence of the Title Agent.
19
50. When Plaintiff made the loan evidenced by the junior Community Mortgage, Plaintiff
assumed the risk with regards to the status of title for the Property and Members 1st
Mortgage which Plaintiff admits at paragraph 12 enjoys priority over Plaintiff's interest
in the Property.
51. Plaintiff and/or Title Agent failed to mitigate Plaintiff's damages.
52. Plaintiff is not entitled to the satisfaction or release of the Members 1St Mortgage under
Pa. R.C.P 1061(b) because Plaintiff acquired, at best, only the title to the Property held
by Anna M. Bowker at the time of the Sheriff's Sale and Anna M. Bowker held title
to the Property specifically subject to Members lst's Mortgage.
53. For some or all of the above reasons, Plaintiff is estopped from asserting any right, title or
interest in the Property free of Members 1st Mortgage.
54. Plaintiffs claims are barred by the Doctrines of Res Judicata and/or Collateral Estoppel.
55. Plaintiff is barred by the applicable statute of limitations.
56. For some or all of the foregoing reasons, Plaintiff is barred from obtaining the relief
requested by latches.
57. In the event that this honorable court concludes, contrary to the facts herein set forth, that
there was intention to satisfy and/or close the LOC, thereby removing the Members 1st
Mortgage as Plaintiff implies, then the Title Agent is responsible for any loss that may
have been sustained by the Plaintiff, which loss Defendant denies, or is liable over to
Members 1st for any loss it sustains.
58. For the foregoing reasons, Members 1st will be filing a writ to join Title Agent as an
additional defendant pursuant to Pa. R.C.P. 2252 in the format and within the time frame
20
required by the Rules. Said writ is attached hereto as Exhibit D-2 for the Court's
convenience and made part hereof.
59. It is believed and therefore averred from the documents attached to the Complaint and the
Complaint that the Title Agent was acting as an agent for the Plaintiff.
60. Pursuant to the averments in the preceding paragraphs, the Plaintiff knew or should have
known that there was no intention of satisfying or closing the LOC. Therefore, Plaintiff is
not entitled to the relief requested in the Complaint.
WHEREFORE, Defendant respectfully requests this honorable Court to deny the relief requested
in the Plaintiff's Complaint and to grant such other relief as the Court deems appropriate.
Respectfully submitted,
Date: 7-11-9
21
Karl M. Ledebohm, Esq.
Supreme Court ID # : 59012
P.O. Box 173
New Cumberland, PA 17070-0173
(717)938-6929
Attorney for Members 1st Federal Credit
Union
Date:
22
Richard P. Mistlistky, Esq.
Supreme Court ID 28123
One West High Street
P.O. Box 1290
Carlisle, PA 17013
(717)241-6363
Attorney for Members lst Federal Credit
Union
HELOC EXTENSION AGREEMENT
1111111g03
THIS EXTENSION AGREEMENT is made this /7nt day of
by and between Members 1st Federal Credit Union (the
"Credit Union"), and ANNA M BOWKER (collectively the "Members").
WHEREAS, the Defense Activities Federal Credit Union ("DAFCU") applied to the
National Credit Union Administration for permission to change its name to Members lst
Federal Credit Union, which request was granted effective April 11, 1994; and
WHEREAS, the Members have granted ah open end mortgage to the Credit
Union [or DAFCU] on premises located In Cumberland County, BOROUGH of
MECHANICSBURG, Pennsylvania, dated July .16, 2004, and recorded in Mortgage
Book 1874, at page 4563 (the "Mortgage"); and
WHEREAS, on July 16, 2004, the Members entered into an Account Agreement
with the Credit Union [or DAFCU], whereby the Members agreed to repay money, with
interest, to the Credit Union [or DAFCU] pursuant to the terms and conditions set forth
therein; and
WHEREAS, pursuant to the Account Agreement, at the expiration of the Draw
Phase, the Members must repay the sums owed under the Account Agreement in
accordance with the term of the Repayment Phase (the "Original Term"); and
WHEREAS, the Members have requested and the Credit Union has agreed to
extend the term of the Account Agreement for an additional five (5) years pursuant to
the terms set forth below.
NOW, THEREFORE, the parties hereto, intending to be legally bound hereby, for
and in consideration of the mutual covenants herein contained, agree as follows:
1. The Original Term of the Account Agreement shall be extended through July
31, 2014. The interest rate will be the greater of the floor rate or the adjusted
interest rate.
A. The floor rate for this loan is 3,99%
B. The adjusted interest would be 3.25% based on a margin on this
extension of 0.00%. This margin is added to the Prime Rate which is
currently 3.25%.
2. The Members shall continue to have the right to make draws according to the
terms of the Account Agreement, and the Credit Union shall be obligated to
advance the proceeds of the Account Agreement from time to time, as
provided in the Account Agreement, Mortgage and Accompanying loan
documents.
3. The Members shall continue to have the right to prepay the principal and
interest in accordance with the terms of the Mortgage and accompanying loan
documents.
4, The parties understand and agree that all obligations of the Members under
the Account Agreement and other loan documents shall remain in full force
and effect in all respects. Furthermore, the Mortgage shall remain in full force
and effect In all respects and, except for the extended term, is unaffected
hereby, and nothing contained herein shall affect or impair the priority or
standing of the lien of the Mortgage or any rights and powers of the Credit
Union to recover the Mortgage debt, together with interest thereon,
Exhibit D-1
IN WITNESS WHEREOF, the parties have executed this Extension Agreement as
of the date first above written.
Witness to signatures:
MEMBERS 1ST FEDERAL CREDIT UNION
COMMONWEALTH OF PENNSYLVANIA )
SS
COUNTY OF CUMBERLAND
On this, the IV day of 1.)-00. 9 , before me, the
undersigned officer, personally appeared ANNA BOWKER, known to me (or
satisfactorily proven) to be the person(s) whose name(s) is subscribed to the within
instrument, and acknowledged that he/she/they executed the same for the purpose
therein contained, .
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
MARY ANN C. t3ARBAR1NO, NOTARY PUBLIC
SILVER SPRING MR, CUMBERLAND COUNTY
a i V : I• L .44't' Es DECEMBER 13, 2012
ry - 1 1 '
• COUNTY OF CUMBERLAND
Notary Public
AN IA )
. SS
On this, the_day of , before me,
the undersiged officer, personally appeared DEBRA B. BRENNAN known to me (or
satisfactorily proven) to be the person whose name is subscribed to as an authorized
officer of Members 1st Federal Credit Union, and acknowledged that he executed the
same as the act of his principal for the purpose therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
Notary Public
Karl M. Ledebohm, Esq.
P.O. Box 173
New Cumberland, PA 17070-0173
(717) 938-6929
SRMOF II 2012-1 TRUST, US BANK : IN THE COURT OF COMMON PLEAS
TRUST NATIONAL ASSOCIATION, : CUMBERLAND COUNTY,
NOT IN ITS INDIVIDUAL CAPACITY : PENNSYLVANIA
SOLELY AS TRUSTEE
PLAINTIFF
v.
MEMBERS 1ST FEDERAL CREDIT
UNION
DEFENDANT
: NO.: 14-3866 CIVIL
WRIT
TO JOIN AS AN ADDITIONAL DEFENDANT PURSUANT
TO Pa. R.C.P. 2252
ABL SETTLEMENT SOLUTIONS, L.P.
To: ABL Settlement Solutions, L.P.
1501 Reedsdale Street, Suite 4000
Pittsburgh, PA 15233
Exhibit D-2
You are notified that Members 1St Federal Credit Union, the defendant in the above
captioned matter, has joined you as an additional defendant in this action, which you are
required to defend.
Date:
Seal of Court
Prothonotary
SRMOF II 2012-1 TRUST, US BANK : IN THE COURT OF COMMON PLEAS
TRUST NATIONAL ASSOCIATION, : CUMBERLAND COUNTY,
NOT IN ITS INDIVIDUAL CAPACITY : PENNSYLVANIA
SOLELY AS TRUSTEE
PLAINTIFF
Vs.
MEMBERS 1ST FEDERAL CREDIT
UNION
DEFENDANT
: NO.: 14-3866 CIVIL
VERIFICATION
I, Lisa Painter, Vice President of Collections for Members 1st Federal Credit Union, being
authorized to do so on behalf of Members 1st 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 4904, relating to unsworn falsification to authorities.
Members 1st Federal Credit Union
By: gi4U-711-4
Lisa Painter, Vice President of Collections
23
Karl M. Ledebohm, Esq.
P.O. Box 173
New Cumberland, PA 17070-0173
(717) 938-6929
SRMOF II 2012-1 TRUST, US BANK : IN THE COURT OF COMMON PLEAS
TRUST NATIONAL ASSOCIATION, : CUMBERLAND COUNTY,
NOT IN ITS INDIVIDUAL CAPACITY : PENNSYLVANIA
BUT SOLELY AS TRUSTEE
PLAINTIFF
v.
MEMBERS 1ST FEDERAL CREDIT
UNION
DEFENDANT
: NO.: 14-3866 CIVIL
CERTIFICATE OF SERVICE
I, Karl M. Ledebohm, Esquire, hereby certify that on the 7th day of August, 2014,
I served a true and correct copy of the foregoing Members 1St Federal Credit Union's
Answer to Complaint and New Matter upon the following by regular, first class mail,
postage prepaid, addressed as follows:
Kaplin Stewart Meloff Reiter & Stein, P.C.
Michael P. Coughlin, Esquire
Union Meeting Corporate Center
910 Harvest Drive
Blue Bell, PA 19411
ABL Settlement Solutions
1501 Reedsdale Street
Suite 4000
Pittsburgh, PA 15233
Dated: August 7, 2014
Respectfull submitted,
Karl M. Ledebohm, Esq.
Attorney for Plaintiff
Supreme Court ID #: 59012
P.O. Box 173
New Cumberland, PA 17070-0173
(717)938-6929
1110
!L.E0- ,FFIC =
HE PPOTHONOT -
201 U AUG -8 PM 1: 142
CUMBERLAND COUNTY
PENNSYLVANIA
Karl M. Ledebohm, Esq.
P.O. Box 173
New Cumberland, PA 17070-0173
(717) 938-6929
SRMOF II 2012-1 TRUST, US BANK : IN THE COURT OF COMMON PLEAS
TRUST NATIONAL ASSOCIATION, : CUMBERLAND COUNTY,
NOT IN ITS INDIVIDUAL CAPACITY : PENNSYLVANIA
BUT SOLELY AS TRUSTEE
PLAINTIFF
v.
MEMBERS 1ST FEDERAL CREDIT
UNION
DEFENDANT
: NO.: 14-3866 CIVIL
AMENDED CERTIFICATE OF SERVICE
I, Karl M. Ledebohm, Esquire, hereby certify that on the 7th day of August, 2014,
I served a true and correct copy of Members Is' Federal Credit Union 's Answer to
Complaint and New Matter filed on August 7, 2014 in the above captioned matter upon
the following by regular, first class mail, postage prepaid, addressed as follows:
Kaplin Stewart Meloff Reiter & Stein, P.C.
Michael P. Coughlin, Esquire
Union Meeting Corporate Center
910 Harvest Drive
Blue Bell, PA 19422
ABL Settlement Solutions
1501 Reedsdale Street
Suite 4000
Pittsburgh, PA 15233
Dated: August 7, 2014
Respect . submitted,
, I f
Ai./
Karl M. , edebohm, Esq.
Attorney for Plaintiff
Supreme Court ID #: 59012
P.O. Box 173
New Cumberland, PA 17070-0173
(717)938-6929
KAPLIN STEWART MELOFF REITER & STEIN, P.C.
By: Michael P. Coughlin, Esquire
I.D. No. 43793
Union Meeting Corporate Center
910 Harvest Drive
Blue Bell, Pennsylvania 19422
(610) 941-2456
SRMOF II 2012-1 TRUST, U.S. BANK TRUST :
NATIONAL ASSOCIATION, NOT IN ITS .
INDIVIDUAL CAPACITY BUT SOLELY AS :
TRUSTEE
9999 Richmond Avenue, Ste. 400
Houston, TX 77042,
Plaintiff,
v.
•
•
•
MEMBERS 1sT FEDERAL CREDIT UNION
5000 Louise Drive •
Mechanicsburg, PA 17056,
Defendant.
20/441,4327 PH 1: 09
CLIt1BERL << ND
Attorneyh/
s for PlaintiffE�S rL a PC011"-'' J
COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
No. 14 -3866 -Civil
PLAINTIFF'S REPLY TO NEW MATTER
Plaintiff, SRMOF II 2012-1 Trust, U.S. Bank Trust National Association, not in its
Individual Capacity but Solely as Trustee, by its attorneys, hereby answers Defendant's New
Matter as follows:
45. Paragraphs 1 through 44 of Plaintiff's Complaint are incorporated herein by
reference.
46. Denied. This is a conclusion of law to which no response is required.
47. Denied. These are conclusions of law to which no responses are required. To the
extent the allegations are deemed to allege facts, such facts are denied for the reasons set forth in
Plaintiff's Complaint, the allegations of which are incorporated herein by reference. The
allegation regarding the "HELOC Extension Agreement" is denied in that, after reasonable
investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the
MPC 4212/418 3569725v1 08/20/2014
truth of the matters asserted. It is specifically denied that the "Title Agent did not provide
Members 1st with the Instruction Letter".
48-57. Denied. These are conclusions of law to which no responses are required.
58. No response required.
59-60. Denied. These are conclusions of law to which no responses are required.
WHEREFORE, The Trust respectfully requests the Court to:
(a) declare that, after it accepted and cashed the Payoff Check, Federal was legally
obligated to satisfy or release of record the Federal Mortgage;
(b) declare that the Federal Mortgage is deemed released of record and, therefore, no
longer constitutes a lien against the Property;
(c) declare that the Trust holds fee simple title to the Property free and clear of the
lien of the Federal Mortgage; and
(d) grant such other relief as the Court deems appropriate.
Respectfully submitted,
KAPLIN STEWART MELOFF REITER & STEIN, P.C.
By:
Dated: August AS , 2014
Michael P. Coughlin, Es re
Attorneys for Plaintiff
MPC 4212/418 3569725v1 08/20/2014
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing "Reply to New Matter" was caused to be sent
by first class mail, postage prepaid, by the undersigned on the date stated below, to the addressee
stated below at the address stated below:
Karl M. Ledebohm, Esquire
P.O. Box 173
New Cumberland, PA 17070-0173
KAPLIN STEWART MELOFF REITER & STEIN, P.C.
By:
Dated: August , 2014
Michael P. Coughlin, Esquire
Attorneys for Plaintiff
MPC 4212/418 3569725v1 08/20/2014
f
.0--1E PRO THONG TAR
2014 SEP 16 Pr`s 3:
CUMBERLAND COUNTY
PENNS YLVANi.4
Karl M. Ledebohm, Esq.
P.O. Box 173
New Cumberland, PA 17070-0173
(717) 938-6929
SRMOF II 2012-1 TRUST, US BANK : IN THE COURT OF COMMON PLEAS
TRUST NATIONAL ASSOCIATION, : CUMBERLAND COUNTY,
NOT IN ITS INDIVIDUAL CAPACITY : PENNSYLVANIA
SOLELY AS TRUSTEE
PLAINTIFF
v.
MEMBERS 1ST FEDERAL CREDIT
UNION
DEFENDANT
: NO.: 14-3866 CIVIL
PRAECIPE
FOR WRIT TO JOIN AS ADDITIONAL DEFENDANTS PURSUANT
TO Pa. R.C.P. 2252
ABL SETTLEMENT SOLUTIONS, L.P. t/d/b/a ABL SETTLEMENT SOLUTIONS AND
OTHER UNKNOWN, UNIDENTIFIED INDIVIDUALS
To the Prothonotary:
Please issue the attached WRIT TO JOIN AS ADDITIONAL DEFENDANTS pursuant
to Pa. R.C.P. 2252 ABL SETTLEMENT SOLUTIONS, L.P. t/d/b/a ABL SETTLEMENT
SOLUTIONS AND OTHER UNKNOWN, UNIDENTIFIED INDIVIDUALS.
Respe fu sub.- , ed,
Karl M. L-debohm, Esq.
Supreme Court ID # : 59012
P.O. Box 173
New Cumberland, PA 17070-0173
(717)938-6929
Attorney for Plaintiff
Karl M. Ledebohm, Esq.
P.O. Box 173
New Cumberland, PA 17070-0173
(717) 938-6929
SRMOF 11 2012-1 TRUST, US BANK : IN THE COURT OF COMMON PLEAS
TRUST NATIONAL ASSOCIATION, : CUMBERLAND COUNTY,
NOT IN ITS INDIVIDUAL CAPACITY : PENNSYLVANIA
BUT SOLELY AS TRUSTEE
PLAINTIFF
Vs.
MEMBERS 1ST FEDERAL CREDIT
UNION
DEFENDANT/PLAINTIFF
Vs.
ABL SETTLEMENT SOLUTIONS, LP
T/D/B/A ABL SETTLEMENT
SOLUTIONS and
OTHER UNKNOWN, UNIDENTIFIED
INDIVIDUALS
ADDITIONAL DEFENDANTS
: NO.: 14-3866 CIVIL
WRIT
TO JOIN AS ADDITIONAL DEFENDANTS PURSUANT
TO Pa. R.C.P. 2252
ABL SETTLEMENT SOLUTIONS, L.P. t/d/b/a ABL SETTLEMENT SOLUTIONS AND
OTHER UNKNOWN, UNIDENTIFIED INDIVIDUALS
To: ABL Settlement Solutions, L.P.
t/d/b/a ABL Settlement Solutions and
Other Unknown, Unidentified Individuals and/or agents of ABL Settlement Solutions,
L.P.
1501 Reedsdale Street, Suite 4000
Pittsburgh, PA 15233
You are notified that Members lst Federal Credit Union, the defendant in the above
captioned matter, has joined you as an additional defendant in this action, which you are
required to defend.
Date:
Seal of Court
Prothonotary
:•,
Karl M. Ledebohm, Esq.
P.O. Box 173
New Cumberland, PA 17070-0173
(717) 938-6929
SRMOF II 2012-1 TRUST, US BANK : IN THE COURT OF COMMON PLEAS
TRUST NATIONAL ASSOCIATION, : CUMBERLAND COUNTY,
NOT IN ITS INDIVIDUAL CAPACITY : PENNSYLVANIA
BUT SOLELY AS TRUSTEE
PLAINTIFF
Vs. : NO.: 14-3866 CIVIL
MEMBERS 1ST FEDERAL CREDIT
UNION
DEFENDANT/PLAINTIFF
Vs.
ABL SETTLEMENT SOLUTIONS, LP
T/D/B/A ABL SETTLEMENT
SOLUTIONS and
OTHER UNKNOWN, UNIDENTIFIED
INDIVIDUALS
ADDITIONAL DEFENDANTS
NOTICE TO DEFEND AND CLAIM RIGHTS
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
fl
f
FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION
ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE
ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY
OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO
FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(717)249-3166 OR (800)990-9108
NOTICIA
Le han demandado a usted en la corte. Si usted guiere defenderse de estas
demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al
partir de la fecha de la demanda y la notification. Usted debe presentar una apariencia
escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o
sus objectiones a las demandas en contra suya.
Se ha avisado que si usted no se defiende, la corte tomara medidas y puede entrar
una orden contra usted sin previo aviso o notification y por cualquier queja o alivio que
es pedido en la peticion de demanda. USTED PUEDE PERDER DINERO 0 OTROS
DERECHOS IMPORTANTES PARA USTED.
LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI
USTED NO TIENE 0 CONOCES UN ABOGADO, VAYA EN PERSONA 0
LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE
ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SU PUEDE
CONSEGUIR ASISTENCIA LEGAL.
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(717)249-3166 OR (800)990-9108
Karl M. Ledebohm, Esq.
P.O. Box 173
New Cumberland, PA 17070-0173
(717) 938-6929
SRMOF II 2012-1 TRUST, US BANK : IN THE COURT OF COMMON PLEAS
TRUST NATIONAL ASSOCIATION, : CUMBERLAND COUNTY,
NOT IN ITS INDIVIDUAL CAPACITY : PENNSYLVANIA
BUT SOLELY AS TRUSTEE
PLAINTIFF
Vs.
MEMBERS 1ST FEDERAL CREDIT
UNION
DEFENDANT/PLAINTIFF
Vs.
ABL SETTLEMENT SOLUTIONS, LP
T/D/B/A ABL SETTLEMENT
SOLUTIONS and
OTHER UNKNOWN, UNIDENTIFIED
INDIVIDUALS
ADDITIONAL DEFENDANTS
: NO.: 14-3866 CIVIL
1
•
MEMBERS 1ST FEDERAL CREDIT UNION'S COMPLAINT VS. ABL SETTLEMENT
SOLUTIONS, LLC t/d/b/a ABL SETTLEMENT SOLUTIONS AND OTHER
UNKNOWN, UNIDENTIFIED INDIVIDUALS
UNDER Pa.R.C.P. 2252
AS ADDITIONAL PARTY DEFENDANTS
LIABLE TO PLAINTIFF SOLELY OR TO OR WITH MEMBERS 1ST
Defendant, Members 1St Federal Credit Union (hereinafter, "Members 1St") through its
attorneys, Karl M. Ledebohm, Esq., and Richard P. Mislitsky, Esq., hereby makes the following
complaint pursuant to Pa. R. C. P. 2252 against ABL Settlement Solutions, LP t/d/b/a ABL
Settlement Solutions and Other Unknown, Unidentified Defendants as additional party
defendants liable to Plaintiff solely or over to Members 1St on Plaintiff's cause(s) of action and
sets forth in support thereof the following:
THE PARTIES
1. Defendant, ABL Settlement Solutions, LP t/d/b/a ABL Settlement Solutions (sometimes
referred to herein as "ABL"), is a Pennsylvania Limited Partnership having a last known
address of 1501 Reedsdale Street, Suite 4000, Pittsburgh, PA 15233.
2. Defendant(s), Other Unknown, Unidentified Defendants ("Other Unknown Defendants"),
consist of one or more individuals acting as agents for or in conjunction with ABL and/or
Plaintiff in connection with the closing evidenced by the copy of the Hud -1 Settlement
Statement attached to US Bank's Complaint as Exhibit 2 and made part hereof, the
2
identity of whom are, at the time hereof, unknown or unidentified to Members 1St. ABL
and Other Unknown Defendants are collectively referred to herein as "3rd Party
Defendants."
3. The original plaintiff in the above captioned matter, SRMOF II 2012-1 Trust, U.S. Bank
Trust National Association, not in its individual capacity but solely as trustee ("US
Bank") sued Members 1St by complaint filed to the above captioned matter on July 2,
2014 ("US Bank's Complaint"). A copy of US Bank's Complaint without exhibits
attached thereto is attached hereto as Exhibit "A" and made part hereof by reference for
convenience of the Court. The exhibits attached to US Bank's Complaint as filed in the
Prothonotary's office on July 2, 2014 are also incorporated herein by reference but not
again redundantly attached hereto.
THE ORIGINAL COMPLAINT FILED BY US BANK AND PROCEDURAL
HISTORY
4. Plaintiff, US Bank (the original Plaintiff in the above captioned matter), by filing US
Bank's Complaint, seeks to unseat Members 1 St's senior, Open -End Mortgage in the
original principal amount of $40,000.00 dated July 16, 2004 and properly recorded of
record on July 27, 2004 in the Cumberland County Recorder of Deeds office at Mortgage
Book 1874, Page 4563 (the "Members 1 St's Mortgage") and requests this Court to provide
special priority to US Bank's junior mortgage originally in favor of Mortgage Electronic
Registration Systems, Inc., as nominee for Community First Bank, dated September 24,
2009 and recorded in the Cumberland County Recorder of Deeds office on September 30,
2009, over five (5) years after the Members 1st Mortgage, at Instrument Number
200933617 (the "US Bank Mortgage"). A copy of Members 1''s Mortgage is attached to
3
US Bank's Complaint as Exhibit 4 and made part hereof. A copy of US Bank's Mortgage
is attached to US Bank's Complaint as Exhibit 3 and made part hereof by reference.
5. Members 1St filed its Answer and New Matter to US Bank's Complaint on August 7,
2014 ("Members 1 St's Answer and New Matter"). Members 1 St's Answer and New Matter
is incorporated herein by reference.
6. For the reasons set forth in Members 1''s Answer and New Matter which is incorporated
herein by reference, Members 15t denies any liability what -so -ever to US Bank (the
original Plaintiff in the above captioned matter) under any of the causes of action set
forth in US Bank's Complaint (the original complaint in this matter). However, if this
Court determines that Members 1St is liable to US Bank in whole or in part, which is
denied, then Members 1St affirmatively avers that 3rd Party Defendants (ABL and Other
Unknown Defendants) are solely liable to US Bank or liable over to Members lst in
connection with the causes of action alleged in US Bank's Complaint for some or all of
the reasons set forth below.
3RD PARTY DEFENDANTS' LIBILITY TO US BANK (THE ORIGINAL
PLAINTIFF) SOLELY OR OVER TO MEMBERS 1ST ON THE CAUSES OF
ACTION ALLEGED IN US BANK'S COMPLAINT
7. At all times relevant to US Bank's Complaint, Anna M. Bowker ("Bowker") was and
continues to be obligated to Members 1' in connection with the Key Loan Line of Credit
Home Equity Agreement dated July 16, 2004 (the "LOC Agreement") as modified and
extended by the HELOC (Home Equity Line of Credit) Extension Agreement dated
September 17, 2009 (the "HELOC Extension Agreement"), A copy of the LOC
Agreement and the HELOC Extension Agreement are attached hereto as Exhibit "B" and
4
Exhibit "C" respectively and made part hereof. The line of credit evidenced by the
Agreement as modified and extended by the HELOC Extension Agreement is referred to
herein as the "LOC."
8. At all times relevant to US Bank's Complaint, the Line of Credit has been and continues
to be secured by the Open -End Mortgage in favor of Members 1st in the original principal
amount of $40,000.00 dated July 16, 2004 and recorded on July 27, 2004 in the
Cumberland County Recorder of Deeds office at Mortgage Book 1874, Page 4563
("Members lst's Mortgage"). A copy of Members lst's Mortgage is attached to US
Bank's complaint as Exhibit 4 and made part hereof
9. At all times relevant to US Bank's Complaint, Members Pt's Mortgage has constituted
and continues to constitute a FIRST MORTGAGE LIEN against the property owned by
Bowker known as 319 South Market Street, Mechanicsburg, PA 17055 (the "Property").
10. The Members 1st Mortgage specifically states on its face, "THIS MORTGAGE
SECURES FUTURE ADVANCES."
11. It is believed and therefore averred from the documents attached to US Bank's Complaint
and US Bank's Complaint that the 3rd Party Defendants (ABL and Other Unknown
Defendants), as the title agents and/or closing agents responsible for the closing (the
"Closing") evidenced by the copy of the Hud -1 Settlement Statement attached to US
Bank's Complaint as Exhibit 2 and made part hereof, were, at all times relevant to US
Bank's Complaint, acting as agents for the Plaintiff.
12. 3rd Party Defendants, as the title agents or closing agents, and/or US Bank knew or
should have known that Members lst's Mortgage remained open of record and secured
the active LOC upon which Anna M. Bowker could draw funds at any time after
5
September 16, 2009, the date of the Payoff Statement issued by Members 1st, a copy of
which is attached to US Bank's Complaint as Exhibit 5 and made part hereof.
13. Members Pt affirmatively avers that the parties to the Closing had no intention of
satisfying or closing the LOC secured by Members Pt's Mortgage but only intended to
reduce the balance due based upon the following facts:
(a) Between the payoff statement (the "Payoff Statement") issued by Members 1St on
September 16, 2009, a copy of which is attached to US Bank's Complaint as Exhibit
5 and made part hereof, and Members 1st's receipt of payment in the amount of
$39,195.56 on September 30, 2009 (the "Insufficient Payment"), Bowker continued
to borrow on the LOC secured by the Members 1st Mortgage on 9/16/2009,
9/22/2009 and thereafter;
(b) Pursuant to the HELOC Extension Agreement, a copy of which is attached hereto
and incorporated herein by reference as Exhibit C, on September 17, 2009, one day
after the Payoff Statement, Bowker intentionally extended the duration of the
LOC for an additional five (5) years and specifically agreed, among other
things, that Members Pt's Mortgage would remain in full force and effect;
(c) 3rd Party Defendants, as the title agents and/or closing agents responsible for the
Closing, did not provide Members 1st with the amount necessary to satisfy the
obligation owed to Members Pt in connection with the Members 1st Mortgage;
(d) similarly, 3rd Party Defendants did not provide Members 1st with the Instruction
Letter dated September 23, 2009 (the "Instructional Letter"), a copy of which is
attached to US Bank's Complaint as Exhibit 7 and made part hereof; and,
6
(e) between 9/16/2009 and 9/30/2011 Bowker continued to borrow on the LOC which
she intentionally extended for an additional 5 years on September 17, 2009.
14. IN THE ALTERNATIVE, PLAINTIFF AND/OR 3rd PARTY DEFENDANTS
WERE NEGLIGENT FOR FAILING TO UPDATE THE PAYOFF DUE ON THE
LOC, FAILING TO SATISFY THE LOC AND/OR MEMBERS 1sT'S
MORTGAGE AND/OR FAILING TO CLOSE THE LOC for the following reasons:
(a) Members 1St believes and therefore avers that 3rd Party Defendants and/or Plaintiff
improperly and negligently failed to update the payoff in the intervening 13 days
between the Payoff Statement and tender of payment on the known, active LOC
secured by Members 1St's Mortgage of record.
(b) Members Pt believes and therefore avers that 3rd Party Defendants and/or Plaintiff
improperly, unilaterally reduced the payoff amount stated in the Payoff Statement as
is evidenced by the hand writing on the Payoff Statement attached to US Bank's
Complaint as Exhibit 5 and made part hereof by reference.
(c) Members Pt believes and therefore avers that the 3rd Party Defendants and/or Plaintiff
failed, at any time after tendering to Members 1St the Insufficient Payment on or about
September 30, 2009, to follow up concerning the status of the satisfaction of
Members 1St's Mortgage as required by standard, title insurance industry operating
procedures.
15. For some or all of the foregoing reasons, 3rd Party Defendants (ABL and/or Other
Unknown Defendants), as the title agents and/or closing agents responsible for the
Closing, are solely liable to US Bank on US Bank's Complaint.
7
16. In the event that this honorable Court concludes, contrary to the facts herein set forth, that
there was intention to satisfy and/or close the LOC, thereby removing the Members Pt
Mortgage as US Bank implies in US Bank's Complaint, then 3rd Party Defendants(ABL
and/or Other Unknown, Unidentified Individuals), as the title agents and/or closing
agents responsible for the Closing, are responsible for any loss that may have been
sustained by US Bank, which loss Members 1st denies, or are liable over to Members 1st
for any loss it sustains.
WHEREFORE, Members 15t Federal Credit Union respectfully requests this Honorable Court:
A. Find that 3rd Party Defendants (ABL Settlement Services, LP t/d/b/a ABL Settlement
Services and/or Other Unknown, Unidentified Individuals) are solely liable for any loss
that may have been sustained by US Bank, if any, or are liable over to Members 15t
Federal Credit Union for any such loss in connection with any of the causes of action set
forth in US Bank's Complaint;
B. Reaffirm the validity of Members 1 st's Mortgage and underlying indebtedness due
thereon; and,
C. Grant such other relief as this Honorable Court deems reasonable and appropriate.
8
% % •
Date:
ate:
3)
9
Respectfully submitted,
Karl M. Ledebohm, Esq.
Supreme Court ID #: 59012
P.O. Box 173
New Cumberland, PA 17070-0173
(717)938-6929
Attorney for Members 1 s' Federal Credit
Union
Richard P. Mistlistky, Esq.
Supreme Court ID 28123
One West High Street
P.O. Box 1290
Carlisle, PA 17013
(717)241-6363
Attorney for Members 1st Federal Credit
Union
KAPLIN STEWART MELOFF REITER & STEIN, P.C.
By: Michael P. Coughlin, Esquire
I.D. No. 43793
Union Meeting Corporate Center
910 Harvest Drive
Blue Bell, Pennsylvania 19422
(610) 941-2456
SRMOF II 2012-1 TRUST, U.S. BANK TRUST
NATIONAL ASSOCIATION, NOT IN ITS
INDIVIDUAL CAPACITY BUT SOLELY AS
TRUSTEE
9999 Richmond Avenue, Ste. 400
Houston, TX 77042,
Plaintiff,
v.
MEMBERS 1ST FEDERAL CREDIT UNION
5000 Louise Drive
Mechanicsburg, PA 17056,
Defendant.
Attorneys for Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
No.
COMPLAINT
Plaintiff, SRMOF II 2012-1 Trust, U.S. Bank Trust National Association, Not In Its
Individual Capacity But Solely as Trustee ("Trust"), by its attorneys, hereby complains of
Defendant, Members 1 t Federal Credit Union ("Federal"), as follows:
PARTIES
1. The Trust is a trust entity with a place of business at the above -stated address.
2. Federal is a federal credit union with a place of business at the above -stated
address.
THE COMMUNITY FIRST BANK LOAN
3. Anna M. Bowker ("Bowker") is the record owner of the property located at 319
S. Market Street, Mechanicsburg, PA 17055, Tax Parcel No. 17-24-0787-066 ("Property").
3459803x1
Exhibit "A"
4. Bowker and her foulier husband, William W. Bowker, acquired title to the
Property by Deed dated July 14, 1958, which Deed is recorded in the Cumberland County
Recorder of Deeds Office ("Recorder's Office") in Book N18, Page 462 ("Deed").
5. A true and correct copy of the Deed is attached hereto as Exhibit "1" and
incorporated herein by reference.
6. - William Bowker died on November 27, 1993 whereupon Bowker became the sole
owner of the Property by operation of law.
7. On September 24, 2009, Community First Bank ("Community") extended to
Bowker a loan in the original principal amount of $ 123,728.00) ("Community Loan") to
refinance and pay off two mortgages against the Property.
8. Settlement in connection with the Community Loan occurred on September 24, •
2009 as evidenced by the "HUD -1A Settlement Statement" ("Settlement Statement") from the
settlement, a true and correct copy of which is attached hereto as Exhibit "2" and incorporated
herein by reference.
9. At all times material hereto, the Community Loan was intended to be secured by a
first -position mortgage against the Property.
10. As security for the repayment of the Community Loan, at settlement, Bowker
executed a "Mortgage" dated September 24, 2009 in favor of Mortgage Electronic Registration
Systems, Inc., as nominee for Community, a true and correct copy of which is attached hereto as
Exhibit "3" and incorporated herein by reference ("Community Mortgage").
11. The Community Mortgage was recorded on September 30, 2009 in the Recorder's
Office as Instrument No. 200933617.
3459803v1
12. Immediately prior to settlement of the Community Loan, the Property was
encumbered .by the following two mortgages:
a first -position "Open -End Mortgage" dated July 16, 2004 in favor of
Federal in the original principal amount of $40,000.00 and recorded on
July 27, 2004 in the Recorder's Office in Book 1874, Page 4563
("Federal Mortgage"); and
a second -position "Mortgage" dated January 27, 2009 in favor of
Beneficial Homeowner Service Corporation in the original principal
amount of $72,229.43 and recorded on January 30, 2009 in the Recorder's
Office as Instrument No. 200902547 ("Beneficial Mortgage").
13. On information and belief, the Federal Mortgage secured a line of credit extended
by Federal to Bowker.
14. A true and correct copy of the Federal Mortgage is attached hereto as Exhibit "4"
and incorporated herein by reference.
THE PAYOFF OF THE FEDERAL MORTGAGE
AND THE BENEFICIAL MORTGAGE
15. In order to ensure that the Community Mortgage constituted a first -position
mortgage against the Property, the title agent that conducted the settlement of the Community
Loan, ABL Settlement Solutions ("Title Agent"), paid $72,484.25 from the proceeds of the
Community Loan to Beneficial to pay off and satisfy the Beneficial Mortgage. See Line 1501 of
the Settlement Statement.
16. The Beneficial Mortgage has been satisfied of record.
17. In order to ensure that the Community Mortgage constituted a first -position
mortgage against the Property, the Title Agent also obtained a payoff statement dated September
16, 2009 from Federal for the Federal Mortgage ("Payoff Statement").
18. A true and correct copy of the Payoff Statement is attached hereto as Exhibit "5"
and incorporated herein by reference.
3459803v1
19. The Payoff Statement stated that it was "good through October 16, 2009".
20. In accordance with the Payoff Statement, at settlement and from the proceeds of
the Community Loan, the Title Agent forwarded a check in the amount of $39,195.56 to Federal
to pay off and satisfy the Federal Mortgage ("Payoff Check"). See Line 1502 of the Settlement
Statement.
21. • A true and correct copy of the Payoff Check is attached hereto as Exhibit "6" and
incorporated herein by reference.
22. The Payoff Check on its face states that it is a "MORTGAGE PAYOFF".
23. The Payoff Check was accompanied by a type -written letter dated September 23,
2009 signed
Federal to "
Specifically,
3459803vI
by Bowker ("Instruction Letter") enclosing the Payoff Check and instructing
payoff and close out completely our existing Mortgage/Home Equity Loan".
the Instruction Letter provides:
"Date: 09/23/2009
Lender: Members Federal Credit Union
Account #18425-03
Address: 5000 Louise Drive, PO Box 40, Mechanicsburg, PA
17055
RE: Anna M. Bowker
Dear Lender:
Enclosed is a check in the amount of $39,195.56 to payoff and
close out completely our existing Mortgage / Home Equity Loan.
Please send the original Satisfaction / Release immediately to:
ABL Settlement Solutions
1501 Reedsdale Street
Pittsburgh, PA 15233
Please forward all paid documents with a copy of the
release/satisfaction to the borrower at:
Aima M. Bowker
319 S. Market Street
Mechanicsburg, PA 17055
If you have any questions, please contact Community First Bank
Loan Services.
Thank you.
Anna M. Bowker"
24. The Instruction Letter specifically references Federal's account number for the
Federal Mortgage (18425-03).
25. A true and correct copy of the Instruction Letter is attached hereto as Exhibit "7"
and incorporated herein by reference.
26. Federal received the Payoff Check and the Instruction Letter signed by Bowker
and cashed the Payoff Check.
27. On information and belief, Federal never notified the Title Agent or Community
that the Payoff Check was insufficient in any manner to pay off the then outstanding balance due
and owing under the Federal Mortgage.
FEDERAL'S FAILURE TO SATISFY THE FEDERAL MORTGAGE
28. Notwithstanding that Federal received and cashed the Payoff Check, Federal
failed to cause the Federal Mortgage to be satisfied or released of record.
29. Notwithstanding that Federal received and cashed the Payoff Check, and contrary
to Bowker's instructions in the Instruction Letter, Federal failed to close the line of credit which
the Federal Mortgage secured.
30. As a result, after it received and cashed the Payoff check, Federal permitted
Bowker to draw additional funds under the line of credit account which the Federal Mortgage
secured.
3459803v1
'1
THE ASSIGNMENT OF THE LOAN TO THE TRUST
AND THE SHERIFF SALE OF THE PROPERTY
31. Pursuant to an "Assignment of Mortgage" recorded on December 13, 2013 in the
Recorder's Office as Instrument No. 201339315 (the "Assignment"), the Trust became the
holder of the Community Loan and the Community Mortgage.
32. A true and correct copy of the Assignment is attached hereto as Exhibit "8" and
incorporated herein by reference.
33. The Trust caused the Property to be sold at Sheriff Sale pursuant to the
Community Mortgage on February 5, 2014.
34. The Trust was the successful bidder at the Sheriff Sale.
35. The Sheriff's Deed conveying title to the Property to the Trust was recorded on
April 10, 2014 in the Recorder's Office as Instrument No. 201407351.
36. A true and correct copy of the Sheriff's Deed is attached hereto as Exhibit "9"
and incorporated herein by reference.
37. The Trust currently holds title to the Property.
THE DISPUTE
38. Federal contends that the outstanding balance owed under the Federal Mortgage is
presently in excess of $44,777.59.
39. Despite repeated demands, Federal has refused to satisfy or release the Federal
Mortgage of record unless Federal is paid the full outstanding balance allegedly owed under the
Federal Mortgage.
3459803v I
COUNT I — QUIET TITLE
40. All paragraphs above are incorporated herein by reference.
41. Pa.R.C.P. 1061(b) provides in part:
"(b) The action [to quiet title] may be brought
(1) to compel an adverse party to commence an action of
ejectment;
(2) where an action of ejectment will not lie, to determine any
right, lien, title or interest in the land or determine the validity or
discharge of any document, obligation or deed affecting any right,
lien, title or interest in land;
(3) to compel an adverse party to file, record, cancel, surrender
or satisfy of record, or admit the validity, invalidity or discharge
of, any document, obligation or deed affecting any right, lien, title
or interest in land; or
(4) to obtain possession of land sold at a judicial or tax sale."
42. Pa.R.C.P. 1066, relating to "form of judgment or order" in a quiet title action,
provides:
"(a) The Court shall grant appropriate relief upon
affidavit that a complaint containing a notice to defend has been
served and that the defendant has not filed an answer, or after a
hearing or trial on the pleadings or merits.
(b) Upon granting relief to the plaintiff, the court
(1) shall order that the defendant be forever barred from
asserting any right, lien, title or interest in the land inconsistent
with the interest or claim of the plaintiff set forth in his complaint,
unless the defendant takes such action as the order directs within
thirty (30) days thereafter. If such action is not taken within the
30 -day period, the prothonotary on praecipe of the plaintiff shall
enter final judgment;
(2) shall enter a final judgment that a document,
obligation or deed affecting a right, lien, title or interest in the land
is canceled or is valid, invalid or discharged or that a copy of a lost
plan, document, obligation or deed is an authentic copy;
3459803v1
(3) shall enter a final judgment ordering the defendant,
the prothonotary, or the recorder of deeds to file, record, cancel,
surrender or satisfy of record, as the case may be, any plan,
document, obligation or deed determined to be valid, invalid,
satisfied or discharged, and to execute and deliver any document,
obligation or deed necessary to make the decree effective; or
(4) shall enter any other order necessary for the
granting of proper relief."
WHEREFORE, The Trust respectfully requests the Court to:
(a) declare that, after it accepted and cashed the Payoff Check, Federal was legally
obligated to satisfy or release of record the Federal Mortgage;
(b) declare that the Federal Mortgage is deemed released of record and, therefore, no
longer constitutes a lien against the Property;
(c) declare that the Trust holds fee simple title to the Property free and clear of the
lien of the Federal Mortgage; and
(d) grant such other relief as the Court deems appropriate.
COUNT II — DECLARATORY RELIEF
43. All paragraphs above are incorporated herein by reference.
44. An actual controversy exists between The Trust and Federal concerning Federal's
obligation to cause the Federal Mortgage to be satisfied or released of record, and the extent to
which the Federal Mortgage remains a lien against the Property.
WHEREFORE, The Trust respectfully requests the Court to:
(a) declare that, after it accepted and cashed the Payoff Check, Federal was legally
obligated to satisfy or release of record the Federal Mortgage;
(b) declare that the Federal Mortgage is deemed released of record and, therefore, no
longer constitutes a lien against the Property;
3459803v!
(c) declare that the Trust holds fee simple title to the Property free and clear of the
lien of the Federal Mortgage; and
(d) grant such other relief as the Court deems appropriate.
Respectfully submitted,
KAPLIN STEWART MELOFF REITER & STEIN, P.C.
Dated: June 3a , 2014
3459803v1
By
Michael P. Coughlin, Esqu
Attorneys for Plaintiff
KEY LOAN LINE OF CREDIT
HOME E UITY AGREEMENT
CREDIT UNION
MEMBERS 1st FEDERAL.
CREDIT UNION
P.O. Box 40
NiechanIcaburg, PA 17055
(717)07-1151
SECURITY INSTRUMENT
GOVERNED BY THE LAWS OFt
Mortgage F'ennSylvente
CREDIT LIMIT
$ 40000.00
DATE OF LAST ADVANCE
BORROWER
ACCOUNT NUMBER
TODAY'$OATE EFFECTIVE DATE
07/16/2004 07120/2004
NOTE NUMBER
77266
SOCIAL SECURITY NO.
BORROWER NAME(s)
ANNA M BOWKER
STREET
319 S MARKET ST
CITY
MECHANICSBURG
STATE ZIP
PA 17055
DAILY PERIODICAATE
0;0110 %
INItIAL ANNUAL
PERCENT/0E0TE
MINIMUM INITIAL
ADVANCE
$200,00
MAXIMUM REPAYMENT
PERIOb
DRAW PERIOD
60 months
MARGIN
0
MINIMUMANNUAL
PERCENTAGE -RATE
0
MINIMUM SUBSEQUENT
ADVANCE
$200.00
MAXIMUM ANNUAL
PERCENTAGE RATE
21%
On4ER CliARGES:
APPRAISAL FEE $ 0.00
TITLE EY,MINATION $ 0.00
,C0RDIN EE
LOCATION Of PROPERTY SEOURIN
IS!
PROPERTY REPORT S SETTLEMENT FEE
SURVEY
RANGE $ E f.4 NOTARY FEE
T t
I* EY' FEE
STREET1 CITY, STATE) CALLED THE "PROPERTY"
0
$ 0.00
$ 0.00
0 10
319 S MARKET ST, MECHANICSBURG, PA 17055
When a new "Key Loan Line of Credit Home Equity Agreement" is eatablIshed, you understand that your account has a Variable Interest Rate. The "Indek" is
shown Dale* The dairy poriOdIc rate and seirelpendling Annual Percentage RateAS initially distiOsedatioVe may change.: The following Agreement describes
the terms of the Une of Credit Home Equity Agreemerrt(reterred to as the "Nee) agreed to b‘etween the member (NN -erred to is '"?ou" or "Yee() and the Credit
Union treferenseti to as 'Wo" or 'lie"). Erich person Who elgras belowle reepcineible for credit extended under the -Ptah.
Your Rights to Stop Future: Advances: Any one of you can direct us
not to make future Loan Advances by sending written notice by
registered or certified mail, postage prepaid and return receipt re-
quested, to us at Members 1st Federal Credit Union, P:O. Sox 40,
Mechanicsburg, PA 1.7065 Attention: Mortgage Departrhent.. Unless the
law provides an °arbor effective date for the notice, your request will not
be binding on us until we have had a reasonable opporlunItY to act upon
your request (but no later than two business days after we receive your
notice as shown on thei. receipt). If thatisaine person whogives us the
written notice SubSequently' requests reinstatement In writing, We will
honor such a request, unless an event set herein permits us to
accelerate or suspend use °lithe Plan,
Your understanding that the Credit Union will acquire a security interest
in your dwelling and that default may cause loss ,of your home, This
document contains the terms of your agreement with the Credit Union. It
Is important that you make or retain a copy or the disclosures provided fe
you. You understand that the persona/ income lax consequences that
result from Home Equity loans depend upon each individual. You,should
consult your fax advisor concerning the deductibility of Interest end
charges
ADVANCES: The Credit Union may make advances to you or to any
third party that you may designate, either by Special Checks, ATM,
Telephone, Computer program, or in person. You may also write 'special
loan^ check advances. Advances wit be a minimum of the amount
shown in this Agreement as Minirnum subsequent advance. You may be
required to provide suitable identification to receive an advance. You
must be a member of the Credit Union In good standing to obtain an
advance, The Credit Union may make advances to you or to any third
party that you May designate, whether by check or other means.
AtlVDTICOS will be a minimum of the amount shown In this Agreement as
minimum other advance. ,You may be required to provide sUltable
identification to receive an advance. In addition, you can obtain an
advance by writing Special Checks up to your Credit Limit.
SPECIAL CHECKS: A Special Check is at the same time a check and
also ccinstlb.des your promise to pay the amount of that Special Check
under this Atireement
By signing each Special Chock you are promising to pay the dollar
amount shown to us under this Agreement. Any Ether writing or
endorsement on the back of the Special Check or any other notation or
cancellation of the Spatial Check applies le and Effects It only as noted.
Because these social cheat also constitute your promises to pay, the
Credit -Union will not return to you yourongirial Special Checks that have
been paid, Each Special Check that has been paid will be listed on your
Statement. If you ashitis, wewili give you a copy of the Special Check.
Statements: Lender will Mall to Borrower a periodic statement of the
Aitountiat theend of each Billing Cycle, Wiese such a statement is not
required by ilaw. The .statement will show the activity in the Account
during the 131111rig Cycle Unless Borrower notifies Lender in writing of
errors In the statement within 60 days from he date it is mailed, the
statement shall be considered correct and accepted by Borrower. If
there is .More than one Sorrower, each agrees that if the statement is
sent to and accepted by any Borrower, it shall be considered correct as
itb and actePtediby all BerrieWers.
Use of Special Checks: Special Checks must be used primarily for
personal, family or household purposes. Each Special Check must be for
at least $200. Special Checks should only be used so that the total
amount that you owe the Credit Union under the Plan Is not more than
your Credrt Lirnit. You agree not to use a Special Check (a) to pay the
interest on any other amount you owe the Credit Union under this
Agreement, or (b) to buy the Property.
No Certifications of Special' Checks Allewed: You may not require us
to certifya Special 'Cheek, except where we are required by lawto do so.
Lost or Stolen -•pOolal Checks: You agree to call the telephone
number shown on your bill immediately if you learn that any of your
Special Checks are fost or stolen, Unless otherwise provided by law, you
agree that wewIllnol be liable forthe unauthorized use of your Special
Checks.
Exhibit "B"
initiess: Page 1 of 4
I
Check Loan Advances: When the Credit Unioqn,.recolveeeft
Special Check,, you authorize and direct est. pay It bjr lending to
you the amount of 'the Special Check. You agree that we may
hold a Spacial Check, for the time allowed by law, if we think it
requirement advisable„ until we cart be sure that you wrote It
The teen we make to` pay a Special Check is caged a ".Check
Loeb Advence" because we odvance the funds to pay the
Special Check.
Refusal to Honor. The Credit Union's Check Loan Advances are
not discretionary. .We can refuse to "honor a proper Special
Check only if we have declared you to be in default, as defined
herein, or you or we have suspended or canceledour use of the
Plan es provided below, or It the proper Special Check would
cause you to go over your Credit Limit, or, at our discretion, if you
write a Special. Checkk for less than the minimum subsequent
advance amount, or If you have properly and in a timely fashion
stopped payment on the Special Check as explained herein.
Otherwise, we must "honor" the proper Special Check by making
a Check Loan Advance.
Stop Payment: ifnu wish to stop payment on a Special Check
you may send tie slop payment order by writing to us at
tiers 1st Federal Credit Union, P.O. Box 40 Mechanicsburg
PA 17055, Attention: Loan Department, or telephone us at (717)
697-1161.You must give us your Account Number, the Special
Check number, Its exact amount end date, and the person(s) to
whom It was payapie. Your stop payment order will net be
effective if the Special Check was paid by us before we had a
reasonable.opportuniity to act on the order or you did not give us
the information we needed to allow us to catch It. An ora) stop
payment is beading on us only for 14 days unless continued by
you In wilting during that period. A written stop payment order is
good to six months, unless you extend It in writing.
REPAYMENT: You promise to repay all advances made under
this Agreement plus a Finance Charge on the unpaid balance
plus an costs and expenses that you are obligated for under this
Agreement or under the Mortgage which secures your Line of
Credit. Paymenlseire due in the. amount and on the dates set out
In periodic statement or any other notice you may receive
from the Credit Union.You may prepay all or part of any advance
at anytime without penalty, however, if a balance remains owing,
you are still required to make your regular scheduled periodic
payments. A partial payment will not delay your next scheduled
due date(s). if there is more than one Borrower, each is liable on
this AgreemehL Thls means we can
Agreement,
require any one of you to
advanceamountsato due under
you. Each B rrov er aauutuding hoorizzecredit
any
other Borrower, on his or her signature alone, to request and
receive credit advances, and to do all other things necessary to
carry out the terms of this. Agreement We can release any of you
from responsibility under this Agreement, and the others will
remain responsible.
TERM OF PLAN: Your Credit Line will begin on the effective
date of the Agreement and will continue until the maturity date.
The effective date. is that date following the expiration of your'
right to rescind, the perfection of the instrument securing the
Plan, end receipt of'ail of
certeicates of nofcancellatlon
and when you meet all of our other conditions. The length of the
draw period (the time between the effective dale and the date of
the last advance) is five (5). years during which time you will be
able to obtain credit advenees. The Credit Union at Its option my
extend the draw -period. After the drew period ends the
repayment period begins. The length of (he repayment period wll
depend on the balance outstanding at the beginning of the
repayment period and the amount of the minimum monthly
payment ande
the applicable interest rale during the repayment
pe repayment period will riot exceed 10 years. Wringboth the the draw period and repayment periods, payments will
be due monthly.
PAYMENTS: Payments as received, will be applied in the order
chosen by the Credit Union to any Finance Charges other
charges, and collection costs due before being applied (o your
unpaid principal balance.
ANNUAL PERCENTAGE RATE: When Rates Change/Index;
We will determine the Periodic Rate end corresponding Annual
Percentage Rate as follows; We start with an independent Index
the "Index") which Is the. Prime Rate as published In the Wail Journal on the test business day of each month. When a
range of rates Is published we will use the highest. Changes to
the Annual Percentage Rate and corresponding Daily Periodic
Rate resulting from changes in the Index will tare place on the
first day of each month. To determine the Daily Periodlb Rale that
will apply to your we add a margin to the value of the
index, then we divide this sum by the number of days in a year
365). To obtain the Annual Percentage Rate we multiply the
Daily Periodic Rate by the number of days Ina year (annual).
This result Is the Annual Percentage Rate.The Daily Periodic
Rate end the corresponQing Annual Percentage Rate on your
Credit Line will Increase or decrease as the Index
increases ere decreases from time to time. The Annual
Ptritentage Rate will not exceed the .maximum rate, nor go
below the minimum rale shown herein. The Credit. Union has the
right to waive an Increase in the Annual Percentage Rate on
any change date but such a waiver shall not be construed as a
waiver of the Credit Union's rfght to increase the Annual
Percentage Rate at a future change date. The stated Annual
Percentage Rate Is also the effective rate and reflects only cost
of Interest-.
FINANCE CHARGE: Ail acevtty in the Plan during each monthly
period (Cycle) Including all new advances, posted to the account
duriing the Cycle will be subject to a finance charge from the date
an advance is posted lo your account and will continue to accrue
until the date of payment. There is no "free ride period" which
would allow you to avoid a finance charge on advances. The
finance charge will be posted to your account as your payments
am recelvedgand will be flawed by applying the applicable dally
periodic rate to the dailygbalance for your account. The delly
balance is the outstanding account balance at the end of each
day, The balance used to calculate the finance charge is the
actual balance In the Account each day after credits have been
subtracted and new advance6 and other charges have been
added. It does not Include any unpaid tate charges and finance
charges. The financennq charge ff►►Tor each day of the cycle is then
figured
by daily periodic radtee."ihelsum of thesse amoounts equal
the Finance Charge,
MINIMUM PAYMENT REQUIREMENTS: The minimum monthly
payment will be equal to the greater of $50.00, which Includes
Finance Charges and pther Charges, or 2%, of the outstanding
balance as of the last day of the billing cycle in which a new loan
was posted to the Account, rounded to the next even dollar,
which Includes Finance Charges and other charges.Our
minimum payment is your regular payment and any amounts
pastdue and any amount by which you have exceeded your
credit limit ante any other charges. During the Draw phase and
the Repayment phase, so long as any amount due on this
account remains unpaid Borrower will pay each month, at least
the minimum•payment rue on the last day of each month. You
can pay off all or part o what you owe at any time. However, so
long as,youowe any amount you must continue to make your
panodic minimum payment,
CHARGES TO YOUR LiNE: The Credit Union may charge your
account to pay tees and costs that you are obligated to pay as a
part of the Plan. Your account could also be charged to pay
property insurance as required by the Plan, Al the Credit Union s
option, we can charge your Credit Une to pay any costs or
expenses to protect our security Interest in the property,
Including paying delinquent property taxes end curing defaults by
you under any existing liens. Charged amounts will decrease
your Credit Une.
OTHER CHARGES: Firing fees are required to perfect the Credit
union's security interest in the PropertyOther fees such as an
appraisal fee may be required whenever the collateral's tair
market value Is assessed. Charges for any fees related to this
loan are disclosed in this Agreement. The Credit Union at is
option, may appraise the property at anytime while this
Agreement Is in effect.
LATE CHARGES: if your payment Is not paid within 15 days of
the payment due date . you may be charged 4% of the payment
due. No tate charge wlif be due if the reason the payment rs late
Is a contnuing delinquency one prior payment or because, after
default the entire outstanding balance became due.
•
CREDIT LiMIT: The Credit Union will establish a credit Limit for
your account. You may hot use the account to obtain credit In
excess Of the credit limit, end you assume responsibility for all
credit extended by the Credit Union on the basis of authorized
use by you, regardless of the current credit limit. The credit limit
for your account will be disclosed to you by this document et the
time of your loan closing. You agree riot to request or obtain an
advance that will exceed your credit limit. Should you exceed
your credit Ilmi,, you agree to immediately repay the amount over
your credit limit.
MODiFiCATION OF PLAN: The Credit Linton may modify or
change the tetras Irou have any loan account balance at that
time, we are not obligated to reilftance this account at maturity,
you may have to pay some or all of the closing costs normally
associated with a new loan even 1P you obtain financing front us.
TERMINATION/ACCELERATION: The Credit Union can
terminate the Plan and require that you pay the entire
outstanding balance In oneaymen and charge lees allowed if
arty of the -following occur, 1.) If you commitfraud or make any
misrepresentation at any time. 2.) 11 you fall to meet the
repayment terms under the Plan, 3.) if anad or failure to act
adversel affects the collateral or the Credit Union's
initials:
Pegs 2 of 4
rights to' the Collateral, Including :failure to maintain. pro eftlj
Insurance destructive or Illegal. use, of the collateral, tax Iiiehs•
'transfer of title or the'subsequent creation of a senior lien Without
the Credit Union's permission dr Fore'closurebya prior lienholder.
SUSPENSION OR REDUCTION: The Credit Union has certain
rights: it can also suspend additional advances .Or,reauce your
credit limit when any of the following conditions exist: 1) The
value. of the collateral depreciates significantly below the
appraised value. Generally this means that the initial difference
between the credit limit end remaining equity Is reduced by, fifty
percent or a smaller decline . depending upon individual
circumstances. 2.) If the'•Credit Union has legitimate reason to
beliieVe that you can not repay because.of a change Jn • your
financial status. 3.) Ifyou are in,,default of .any. of the material
obligations under the Plan. A) Govemh ent adtion,prevents the
It Union from imposing the Annual Percentage • Rate
provided for:or Impairs our security Interest,sueh thetthe value of
the Interest. Is less than 120. percent of, the Credit Ilse 6) A
re uletory agency has notified the Credlt Union that continued
advances .would 'constdute an. unsafe and unsound;pr"actice 8.
The maximum Annual PercentageRate is reached 7.)
Goverrinlentactlon prevents the Credit.Unitm.from Impposingthe
maximum Annual Percentage' Rate provided underthe
Unauthorized'Use: In the:event.of ppossible uneuthorized•use of
your account, youWill notify the Credit Union'immediateiy
DEFAULT:'You wltl. be•tn default deny act of 'fraud Is committed
by or through y'ou or if you fail. to meet the repayment terms' Of
youragreement(s).wltli .the Credit. Union. You will be In default if
youcommll anrTact (including; breakinganyY mise made in this
Rgreemertt:andwor security:instru,ment identified oh the reverse In ,
connection with this teen) that jeopardizes .the Credit Union's
'Security interest -Or ff you fail'to act:to protect the Credit Union's
security interest:
OBLIGATION To THE CREDIT UNION: Subject to the terms of
Ihls Agreementt and prbvldmg that you are not in befaiilt or any
of ihe.conditions for suspenaionor:reductions'of advancesexistt
the Credit Union:Willadvance to" you 'an amountnet'to exceed
your Credit Limit. The amount of credit available to you diking
the term of. this Agreement will be determined by. your repayment
of:advances. Repayment ,w111 replenish your available credit` by
the amount applied to thepnncipal balance, .
ENTIRE BALANCE DUE; if you default, all of your:obligations
under;this contract will immediately be ,due if •allowable: by
•applicable law. The undersigned Individually and jointly waive
resentment demand fxclest or notice of;pr.'oteSt or any notice
that the Credit Union is,demandin ;pa mentin full of the entire.
outstanding balance under the contractbecause of baleult or. for
any reason as allowed by' law If.the Credit Union accepts'eriy�y
payment of your debt under the.contract eller •having :demanded
payment on the,:entire `unpaid balance due or after the Credit
pion has sued, yeti; this won't >be considered, a waiver or
forgiveness of any default in ppaytnents or at* Other' default on
your part The Credit •Union•will apply any lath paymentto•your
un�atd balance,: The Credit Union'can delayer arcing'anyof Its
rig is without losing them.
RIGHTS OF DEFAULT: Time Is of the essence• of ';this
Agreement if yYoudefault, 1 the entirii.tinPald balance due under
this•Agreement and anyand all of the liabilities may attne option
of the Credit Union arid Without demand 'or -notice -Of any Kind
whatsoever, be declared and thereupon Immediately shall
become due and ppayable unless specifically prohibited by
applicable law,, 2) the Creek may exercise from time to
time any ri hts;and remedies available to the; Credit Union under
the security Instrument identified: on the reverse, or otherwise
available to the Credit Union and the'Credit Union may, at'any
time:without demand•or notice of any kind appropriate. and apply
toward the payment of the unpaid balance due: under this
Agreement or of such. of .the liabilities and In such order as the
Credit Unionm time to time elect, any unpaid shares
dividends or monies you have in -the Credit Union excepting
those accounts= that would have adverse gait consequences. ff
yyou:defaultas:defined in.this loan centred, the Credit Union has
me authority to' repossess end .sell the; Property..in a lawful
manner. In any case :the Credit Union or its:representatives:at Its
option:may enter the premises :and take possession of the
collateral,subject to,. applicable documents. relating to this
Agreement is a pert. of this Agreement: The Credit Union Is
hereby, appointed as your Attorney. in -Feet le etform any, acts
which it ',feels:. are necessary to protect the Property and the.
security interest which this Agreement creates.
SAVINGS CLAUSE: if anyyOf the provisions of this contractshall
be held invalid "or unenforceable, thein this contract shall, be
construed as if it.did not contain those•provisions•ant: the Credit
Union's' rights and obligations shall be construed and enforced'
accordingloy If we goto court for anyy reason, we cantuse a copy
filmed' or electronic of any denodic statement; this Agreement
and"ttfe security ihs{rurtlent, Or any other toprove what
you owe us or that a transaction has takers place.. The copy,
microfilm or microfiche will have,ethe- same validt�tyy - as the
original. You agree that,, except:to;thexte.ntyou can; show there
is a:billing ,error,' your most•current:periodic
•.statemen the best evIdence.ofyour obligation to. pay.
CREDIT I SURANCEi'The u Ma for your creed -Insurance if
any, are base -don your' outstanding leanbaiance and paid as a
part of• your periodic payment, .11 you orelate in paying or fall to
make periodic payments, the Credit Union UnlbrtMay advance, funds
on;your behalf,:to paysuch premiums and mayy impose additional
finance charges on •the amount: advanced If ,you elected
voluntary Credit InsuranCei you understand that Insurance rates
are not guaranteed however you will •be:°notified In advance if
they;arelo be Changed
SECURITY By. signing"this contract, you the Credit Union a
Security Interestin•the property tieScribedinlhiaAgrearrieritithe
securityInstrument Identified on'the•face of the document and Its
proceeds together, with all subsequent improvements and
additions,toprotect theCredit'Union If you default on your loan.
You will complete any.document(s)1.required:by the CreditUnion
to.perfectits Security Interest Toihe maximum extent.provided
by law you:waive any ho"nlestead.or other exemption rights in
any property in.whieh.you have granted the CreditUgnion-a
Security Interest You. also assign to the Credit Union any
proceeds Which may bem
coe payable through Insurance Milne
Property or written in connection with this, loan. This includes
unearned or returned premiums. You promise that you own the
Property end that no one else has any interest in It• or chilli
against it other:than.as Indicated. on your appplication for loan.
You agree not •to• sell; lease, or give it as • Collateral to anyone
else 'until you have repaid the. Credit Union.what you owe, or the
Credit Unffon gives Its written permission You promise todefend
ihe.collateral from third -party Claims and protect It from forced.
Sala by such persona; to,protect the collateral•from any unlawful
rpo
puse to obtain written perrnission. from the Credit ,Union
before makitnt�g� ria oralterations or Improvements; to :notify the
Credit Union En;wrIting before changing your mailing -address or
location of the•collateral; .and to. help the Credo Union to -protect•
the rights youha've given it
OUR WAIVERS: We have by law the right of 'setoff." This is a
dent 'to:take Or %et off .Certain funds In deposit account(s).you
have with us, to pay off"what you owe under this -Agreement.
Under other eareements with you -:we may also heve'conlractua.l
rights :of set off. In connbctlon with this. Agreement we are giving
up ('waiving") any of tho3e contractual rights and we Will assert
Only the 'set -:el' rights given to.us by law..We also waIve•the'
application of any other security agreement or .mort age, ;other
than the one described In the.securityInstrument to amounts
'owing—under this Agreement
TRANSFER:OF TRECOLLATERA! ASSUMPTION: • If all• or
Ay :part of the collateral or 'an Interest therein is sold. or
transferred by you without the "Credit: Union's prior Written
Consent excluding (a) the creation of.a lien or encumbrance
subordinate to'this Agreement, (b) the Creation of.a purchase
Money, security Interest -for household appliances (c) a transfer
by device descent orby_operation of law upon -(he • death of
joint fenanf or (o) the grant of any leaseti.Old interest o1 thfee
yye�ars or less nat. conte ring an option to purchase, the Credit
Union may at Its .option declare all sums secured by this'
Aggreemen to be. Immd
ediately ue'and payable The Credit Onion
shall -have waived such opagn •accelerate If, prior to sale or
transfer the CreditUnion and the person.towhom the Collateral
Is'to be sold or transferred reach agreement in virhing that the
Credit of such person is:satisfactory"to the Credit Union and that
the -interest payableon fire sums. secured under this
shall be..at such a rate as the Credit 'Unlort .shalt request.. If the
Credit' Union has waived the option to accelerate provided In
this•,paragreph and if your successor in Interest has executed e
written assumption •agreement accepted In:writingbyy'the Credit
Union, the CreditUnion shall 'release you from elf•obligetions
under this Agreement
PROPERTY INSURANCE AND TAXES: You are required. to
fully Insure the. collateral against .loss or..damage. The, Credit
Unton..may. not make the granting of this loan contingent Upon
your obtaining, the required Insurance from .an insurance
company designated by the; Credit Union. 'You may purchase
pprroperty insurance horn anyone you want that is -acceptable to
the:credit Union.If yee'iailyto, obtalmor maintain insurance, the
Credit'Union may buy any, type': of insurance. it feels.Is necessary
to protect Its Interest in trio Collateral, The Credit will add
'the pr.emItim for this insurance to the Plan and charge you a
finance charge:.et the then interest retain effect for this loan. You
premise to have any insurance policy payable to the Credit
Union, and -asked, to deliver -the policy to the Union.
You also • eternise; to pay 'all taxes;condominium and/or
sm
Homeowners Association.assesents'uefrom time to time.on
the Property If you fail tette so the Credit:Union May, butdoes
het -have to. pay the taxes and edd the •amount to -the unpaid
pprincipal balance of the loan and•.charge you a finance,chargge at
thatherf interest rate In effect for this •loan If you default as
defined in this loan contrail the Credit Union has the'�authority to
. repossess and 'sell the collateral in a lawful manner. in any -case,
the Credit Union or its representatives,at'its opption.may enter the
premises and take •possession '01 the collateral,. sub ect to
applicable: laws. The ;collateral description on the Security
Instrument and other documents;:relatIng to• this Agreement ISa
pert of,lhls Agreement. The Credit Union Is hereby appointed es
your Attomey-in Fad • to :perform any acts .which • It feels are
necessary to protect. the collateral•an tthe security interest which
this. Ag re e m en t. cre a t e s
Initials Pape.3 of 4
HELOC EXTENSION AGREEMENT
THIS EXTENSION AGREEMENT is made this /21W day of
TEA , by and between Members 1st Federal Credit Union (the
"Credit Union"), and ANNA M BOWKER (collectively the "Members").
WHEREAS, the Defense Activities Federal Credit Union ("DAFCU") applied to the
National Credit Union Administration for permission to change its name to Members 1st
Federal Credit Union, which request was granted effective April 11, 1994; and
WHEREAS, the Members have granted ah open end mortgage to the Credit
Union [or DAFCU] on premises located In Cumberland County, BOROUGH of
MECHANICSBURG, Pennsylvania, dated July 16, 2004, and recorded in Mortgage
Book 1874, at page 4563 (the "Mortgage"); and
WHEREAS, on July 16, 2004, the Members entered into an Account Agreement
with the Credit Union [or DAFCU], whereby the Members agreed to repay money, with
interest, to the Credit Union [or DAFCU1 pursuant to the terms and conditions set forth
therein; and
WHEREAS, pursuant to the Account Agreement, at the expiration of the Draw
Phase, the Members must repay the sums owed under the Account Agreement in
accordance with the term of the Repayment Phase (the "Original Term"); and
WHEREAS, the Members have requested and the Credit Union has agreed to
extend the term of the Account Agreement for an additional five (5) years pursuant to
the terms set forth below,
NOW, THEREFORE, the parties hereto, intending to be legally bound hereby, for
and in consideration of the mutual covenants herein contained, agree as follows:
The Original Term of the Account Agreement shall be extended through July
31, 2014. The interest rate will be the greater of the floor rate or the adjusted
interest rate.
A. The floor rate for this loan is 3,99%
B. The adjusted interest would be 3.25% based on a margin on this
extension of 0.00%. This margin is added to the Prime Rate which is
currently 3.25%.
2. The Members shall continue to have the right to make draws according to the
terms of the Account Agreement, and the Credit Union shall be obligated to
advance the proceeds of the Account Agreement from time to time, as
provided in the Account Agreement, Mortgage and Accompanying loan
documents.
3. The Members shall continue to have the right to prepay the principal and
interest in accordance with the terms of the Mortgage and accompanying loan
documents.
4. The parties understand and agree that all obligations of the Members under
the Account Agreement and other loan documents shall remain in full force
and effect in all respects. Furthermore, the Mortgage shall remain in full force
and effect In all respects and, except for the extended term, is unaffected
hereby, and nothing contained herein shall affect or impair the priority or
standing of the lien of the Mortgage or any rights and powers of the Credit
Union to recover the Mortgage debt, together with interest thereon.
Exhibit "C"
IN WITNESS WHEREOF, the parties have executed this Extension Agreement as
of the date first above written.
Witness to signatures:
MEMBERS 1ST FEDERAL CREDIT UNION
COMMONWEALTH OF PENNSYLVANIA )
SS
COUNTY OF CUMBERLAND
On this, the 1 !" day of ,P[ nfUlQ._O 9 , before me, the
undersigned officer, personally appeared ANNA Mi BOWKER, known to me (or
satisfactorily proven) to be the person(s) whose name(s) is subscribed to the within
instrument, and acknowledged that he/she/they executed the same for the purpose
therein contained,
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
MARY ANN O. c ARBARINO, NOTARY PUBIC
SILVER SPRING TWP., CUMBERLAND COUNTY
LRES DECEMBER 13, 2012
a. lli
- • I I. I
•
COUNTY OF CUMBERLAND
Notary Public
AN IA )
,):.: SS
On this, the day of, , before me,
the undersigned officer, personally appeared DEBRA B. BRENNAN known to me (or
satisfactorily proven) to be the person whose name is subscribed to as an authorized
officer of Members 1st Federal Credit Union, and acknowledged that he executed the
same as the act of his principal for the purpose therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
Notary Public
09/P03/2014 08: 27 7179320317
• V.
KARLLEDEBOHM PAGE 11/11
SRMOF 11 2012-1 TRUST, US BANK IN THE COURT OF COMMON PLEAS
TRUST NATIONAL ASSOCIATION, : CUMBERLAND COUNTY,
NOT IN ITS INDIVIDUAL CAPACITY : PENNSYLVANIA
BUT SOLELY AS TRUSTEE
PLAINTIFF
Vs. : NO.: 14-3866 CIVIL
MEMBERS 1ST FEDERAL CREDIT
UNION
DEFENDANT/PLAINTIFF
Vs.
ABL SETTLEMENT SOLUTIONS, LP
T/D/B/A ABL SETTLEMENT
SOLUTIONS and
OTHER UNKNOWN, UNIDENTIFIED
INDIVIDUALS
ADDITIONAL DEFENDANTS
VERIFICATION
I, Lisa Painter, Vice President of Collections for Members PI Federal Credit Union, being
authorized to do so on behalf of Members ls` 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 4904, relating to unsworn falsification to authorities.
Date: September , 2014
10
Members 1. Federal Credit Union
Lisa Painter, Vice President of Collections
Karl M. Ledebohm, Esq.
P.O. Box 173
New Cumberland, PA 17070-0173
(717) 938-6929
2 f't SEP 16 PH 3: 5 b
CUMBERLAND COUNT
PENNSYLVANIA
SRMOF II 2012-1 TRUST, US BANK : IN THE COURT OF COMMON PLEAS
TRUST NATIONAL ASSOCIATION, : CUMBERLAND COUNTY,
NOT IN ITS INDIVIDUAL CAPACITY PENNSYLVANIA
BUT SOLELY AS TRUSTEE
PLAINTIFF
Vs.
MEMBERS 1ST FEDERAL CREDIT
UNION
DEFENDANT/PLAINTIFF
Vs.
ABL SETTLEMENT SOLUTIONS, LP
T/D/B/A ABL SETTLEMENT
SOLUTIONS and
OTHER UNKNOWN, UNIDENTIFIED.
INDIVIDUALS
ADDITIONAL DEFENDANTS
: NO.: 14-3866 CIVIL
CERTIFICATE OF SERVICE
I, Richard P. Mislitsky, Esquire, hereby certify that on the 16th day of September,
2014, I served a true and correct copy of foregoing Members 1st Federal Credit Union's
Complaint Pursuant to Pa. R. C. P. 2252 against ABL Settlement Solutions, LP t/d/b/a ABL
Settlement Solutions and Other Unknown, Unidentified Individuals as Additional Party
Defendants Liable to Plaintiff Solely or With Members 1S1 and corresponding Praecipe for
Writ to Join As Additional Defendants Pursuant to Pa. R.C.P. 2252 ABL Settlement
Solutions, LP t/d/b/a ABL Settlement Solutions and Other Unknown, Unidentified Individuals
filed in the above captioned matter upon the following by regular, first class mail, postage
prepaid, addressed as follows:
Kaplin Stewart Meloff Reiter & Stein, P.C.
Michael P. Coughlin, Esquire
Union Meeting Corporate Center
910 Harvest Drive
Blue Bell, PA 19422
Dated: September 16, 2014
Respectfully submitted,
Richard P. Mislitsky, Esq.
Supreme Court ID 28123
One West High Street - Suite 208
PO Box 1290
Carlisle, PA 17013
(717) 241-6363
Attorney for Members 1St Federal Credit Union
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
�
L
r,lrLrre tJ'J}• ri t
OF THE PROTHOHOTAe 'I
2O14 OCT 24 PH 3: 34
CUMBERLAND COUNTY
PENNSYLVANIA
SRMOF II 2012 -Trust, Us Bank National Association, not in its individu
vs.
Members 1st Federal Credit Union (et al.)
Case Number
2014-3866
SHERIFF'S RETURN OF SERVICE
09/17/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry
for the within named Defendant to wit: ABL Settlement Solutions, LP t/d/b/a ABL Settlement Solutions, but
was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of
Allegheny, Pennsylvania to serve the within Complaint & Notice according to law.
09/17/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry
for the within named Defendant to wit: Other Unknown, Unidentified Individuals and/or Agents of ABL, but
was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of
Allegheny, Pennsylvania to serve the within Complaint & Notice according to law.
10/22/2014 The Sheriff of Allegheny County, being duly sworn according to law, states he made diligent search and
inquiry for the within named Defendant to wit: Other Unknown, Unidentified Individuals and/or Agents of
ABL, but was unable to locate the Defendant in his bailiwick. The Allegheny County Sheriff therefore
returns the within requested Complaint & Notice and Writ as "Not Found" at 1501 Reedsdale Street,
Pittsburgh, PA 15233.
10/22/2014 The Sheriff of Allegheny County, being duly sworn according to law, states he made diligent search and
inquiry for the within named Defendant to wit: ABL Settlement Solutions, LP t/d/b/a ABL Settlement
Solutions, but was unable to locate the Defendant in his bailiwick. The Allegheny County Sheriff therefore
returns the within requested Complaint & Notice as "Not Found" at 1501 Reedsdale Street, Suite 4000,
Pittsburgh, PA 15233.
SHERIFF COST: $53.49 SO ANSWERS,
October 22, 2014
c) CountySuite Sheriff, Toieosoft. Inc.
RONR ANDERSON, SHERIFF
0, PITTSBURGH, P EXP: 10/16/2014
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
SHERIFF'S OFFICE OF CUMBERLAND COUNTY Eq loIWJ
2062
OFFICE OF THE $ItERIFF
Richard W Stewart
Solicitor
SRMOF II 2012 -Trust, Us Bank National Association, not in its individu
vs.
Members 1st Federal Credit Union (et al.)
Case Number
C
-2014-3866
SERVICE COVER SHEET
Service Details:
Category:
Manner:
Notes:
Civil Action - Complaint & Notice
Deputize
Expires:
10/16/2014
Zone:
Warrant:
[Serve To:
Name: ABL Settlement Solutions, LP t/d/b/a ABL
<O
CO
CO
M
O
N
ABL SETTLEMENT SOLUTI
rimary 1 1501 Reedsdale Street
ddress: Suite 4000
,,Pittsburgh, PA 15233
Phone: '1
Alternate
Address:
Phone:
DOB:
t Attorney / Originator:
Name:
[final Service:
Relation
Date:
Deputy/11LCx ileage:
Karl M. Ledebohm
[Service Attempts:
Date:
Time:
Mileage:
Deputy:
Phone: 717-938-692
ti
[Notes / Special Instructions:
1900 OR
.o .y .-..
•r.4 to law.
Now, September 1
to execute service ^ th
I, Sheri of Cumberland County, Penns
ocuments herewith and make return th
Return To:
Cumberland County Sheriffs Office
One Courthouse Square
Carlisle, PA 17013
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Eda Jean Woodward, Notary Public
Qty of Pittsburgh, Allegheny County
My Commission,Expires May 28, 2016
MEMBER, PENNSYLVANIA ASSOCIATION'OF'NOTARIES
9
ny ou
Ronny R Anderson, Sheriff
i
cl;/)//13
ij:._ , -
Ronny R Anderson
Sheriff
EXP: 10/16/2014
Jody S Smith
Chief Deputy
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
15z
OFFICE OF THE S!!ERIFF
g°
Richard W Stewart
Solicitor
SRMOF II 2012 -Trust, Us Bank National Association, not in its individu
vs.
Members 1st Federal Credit Union (et al.)
Case Number..
2014-3866
[Service Details:
Category:
SERVICE COVER SHEET
Civil Action - Complaint & Notice
Manner: Deputize
Notes:
1501 REEDSDALE STREE
tes
m
03
C
OTHER UNKNOWN, UNIDEI
erve To:
N
Prr, ary
dress:
Phone:
Alternate
Address:
Phone:
Expires: (L 10/16/2014_1
Other Unknown, Unidentified Individuals ar
1501 Reedsdale Street
Pittsburgh, PA 15233
DOB:
[Attorney / Originator:
Name:
[Final Service:
Zone:
Warrant:
e Char a Posted • Other"
C ' : rge:
Relation:
Date:
Karl M. Ledebohm
Deputy:
Phone:
bad-
/1►- t `LTi e: Lb/3
Mileage:
717-938-6929
[Service Attempts:
Date:
Time:
Mileage:
Deputy:
3
4
J
6
[-Notes / Special instructions:
G4flV tt2 4ite- %?gap/6
a�
Now, September 17, 2014 I, Sh
to execute service of the docum
of Cumberland Gtouunnty,Pe nsylva
nts herewith and make return there
Return To:
Cumberland County Sheriffs Office
One Courthouse Square
Carlisle, PA 17013
on2Qce*-
7169 0/60 Z•gelt
eputi e
law.
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Eda Jean Woodward, Notary Public
City of Pittsburgh, Allegheny CM!ily
L My Commission Expires May 28, 2016
MEMBER, PENNSY. ANTAASSOCIATION'OF NOTARIES
Ronny R Anderson, Sheriff
Karl M. Ledebohm, Esq.
P.O. Box 173
New Cumberland, PA 17070-0173
(717) 938-6929
SRMOF II 2012-1 TRUST, US BANK : IN THE COURT OF COMMON PLEAS
TRUST NATIONAL ASSOCIATION, : CUMBERLAND COUNTY,
NOT IN ITS INDIVIDUAL CAPACITY : PENNSYLVANIA
BUT SOLELY AS TRUSTEE
PLAINTIFF
Vs. : NO.: 14-3866 CIVIL
MEMBERS 1ST FEDERAL CREDIT
UNION
DEFENDANT/PLAINTIFF
Vs.
ABL SETTLEMENT SOLUTIONS, LP
T/D/B/A ABL SETTLEMENT
SOLUTIONS and
OTHER UNKNOWN, UNIDENTIFIED
INDIVIDUALS
ADDITIONAL DEFENDANTS
PRAECIPE TO REINSTATE COMPLAINT
To the Prothonotary:
Please reinstate the complaint filed in the above captioned matter.
Date: October 28, 2014
Resp: t ubmitted,
Kar11M. Ledebohm, Esq.
Supreme Court ID #: 59012
P.O. Box 173
New Cumberland, PA 17070-0173
(717)938-6929
Attorney for Members 1St Federal Credit Union
Karl M. Ledebohm, Esquire
P.O. Box 173
New Cumberland, PA 17070-0173
(717)938-6929
SRMOF II 2012-1 TRUST, US BANK : IN THE COURT OF COMMON PLEAS
TRUST NATIONAL ASSOCIATION, : CUMBERLAND COUNTY,
NOT IN ITS INDIVIDUAL CAPACITY : PENNSYLVANIA
BUT SOLELY AS TRUSTEE
PLAINTIFF
Vs. : NO.: 14-3866 CIVIL
MEMBERS 1ST FEDERAL CREDIT
UNION
DEFENDANT/PLAINTIFF
Vs.
ABL SETTLEMENT SOLUTIONS, LP
T/D/B/A ABL SETTLEMENT
SOLUTIONS and
OTHER UNKNOWN, UNIDENTIFIED
INDIVIDUALS
ADDITIONAL DEFENDANTS
CERTIFICATE OF SERVICE
I, Karl M. Ledebohm, Esquire, hereby certify that on the 28th day of October,
2014, I served a true and correct copy of the foregoing Praecipe to Reinstate Complaint
upon the plaintiff, by first class mail, postage prepaid, addressed as follows:
Michael P. Coughlin, Esquire
Kaplin Stewart Meloff Reiter & Stein, P.C.
Union Meeting Corporate Center
910 Harvest Drive, P.O. Box 3037
Blue Bell, PA 19422-0765
Date: October 28, 2014
Resp tfullubmitted,
Ledebohm, Esq.
Supreme Court ID #: 59012
P.O. Box 173
New Cumberland, PA 17070-0173
(717)938-6929
Attorney for Members 1" Federal Credit Union
Karl M. Ledebohm, Esq.
P.O. Box 173
New Cumberland, PA 17070-0173
(717) 938-6929
21-.111! OCT29 PM 1: 05
C UCi '✓ fi �i ;.— / M1 S s i� O Sv N
SRMOF II 2012-1 TRUST, US BANK
TRUST NATIONAL ASSOCIATION,
NOT IN ITS INDIVIDUAL CAPACITY
BUT SOLELY AS TRUSTEE
PLAINTIFF
IN THE COU'RT`OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
Vs. : NO.: 14-3866 CIVIL
MEMBERS 1ST FEDERAL CREDIT
UNION
DEFENDANT/PLAINTIFF
Vs.
ABL SETTLEMENT SOLUTIONS, LP
T/DB/A ABL SETTLEMENT
SOLUTIONS and
OTHER UNKNOWN, UNIDENTIFIED
INDIVIDUALS
ADDITIONAL DEFENDANTS
•
PRAECIPE TO REISSUE WRIT TO JOIN AS ADDITIONAL DEFENDANTS
PURSUANT TO Pa. R.C.P 2252
To the Prothonotary:
Please reissue the Writ to Join as Additional Defendants Pursuant to Pa.R.C.P.
2252 ABL Settlement Solutions, L.P. t/d/b/a ABL Settlement Solutions and Other
Unknown, Unidentified Individuals in the above captioned matter.
Date: October 28, 2014
Karl M. Ledebohm, Esq.
Supreme Court ID #: 59012
P.O. Box 173
New Cumberland, PA 17070-0173
(717)938-6929
Attorney for Members 1st Federal Credit Un
ion �' I -, 5��
�
C� # aaq �
2A -31a` do
Karl M. Ledebolun, Esquire
P.O. Box 173
New Cumberland, PA 17070-0173
(717)938-6929
SRMOF II 2012-1 TRUST, US BANK : IN THE COURT OF COMMON PLEAS
TRUST NATIONAL ASSOCIATION, : CUMBERLAND COUNTY,
NOT IN ITS INDIVIDUAL CAPACITY : PENNSYLVANIA
BUT SOLELY AS TRUSTEE
PLAINTIFF
Vs. : NO.: 14-3866 CIVIL
MEMBERS 1ST FEDERAL CREDIT
UNION
DEFENDANT/PLAINTIFF
Vs.
ABL SETTLEMENT SOLUTIONS, LP
T/D/B/A ABL SETTLEMENT
SOLUTIONS and
OTHER UNKNOWN, UNIDENTIFIED
INDIVIDUALS
ADDITIONAL DEFENDANTS
CERTIFICATE OF SERVICE
I, Karl M. Ledebohm, Esquire, hereby certify that on the 28th day of October,
2014, I served a true and correct copy of the foregoing Praecipe to Reissue the Writ to
Join as Additional Defendants Pursuant to Pa.R.C.P. 2252 ABL Settlement Solutions,
L.P. t/d/b/a ABL Settlement Solutions and Other Unknown, Unidentified Individuals upon
the plaintiff, by first class mail, postage prepaid, addressed as follows:
Michael P. Coughlin, Esquire
Kaplin Stewart Meloff Reiter & Stein, P.C.
Union Meeting Corporate Center
910 Harvest Drive
Blue Bell, PA 19422
Date: October 28, 2014
Res ec " lly
arl M. Ledebohm, Esq.
Supreme Court ID #: 59012
P.O. Box 173
New Cumberland, PA 17070-0173
(717)938-6929
Attorney for Members Pt Federal Credit Union
Karl M. Ledebohm, Esq.
P.O. Box 173
New Cumberland, PA 17070-0173
(717)938-6929
2E1; NOV 25 P 1:40
CUt';L3E t - ;L ;,; t[) COW.:TY
A
SRMOF II 2012-1 TRUST, US BANK :
TRUST NATIONAL ASSOCIATION,
NOT IN ITS INDIVIDUAL CAPACITY :
BUT SOLELY AS TRUSTEE
•
PLAINTIFF
Vs.
MEMBERS 1ST FEDERAL CREDIT
UNION
DEFENDANT/PLAINTIFF
Vs.
ABL SETTLEMENT SOLUTIONS, LP
T/D/B/A ABL SETTLEMENT
SOLUTIONS and
OTHER UNKNOWN, UNIDENTIFIED
INDIVIDUALS
ADDITIONAL DEFENDANTS
IN THE COURrO'COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
: NO.: 14-3866 CIVIL
PRAECIPE TO REISSUE WRIT TO JOIN AS ADDITIONAL DEFENDANTS
PURSUANT TO Pa. R.C.P 2252
To the Prothonotary:
Please reissue the Writ to Join as Additional Defendants Pursuant to Pa.R.C.P.
2252 ABL Settlement Solutions, L.P. t/d/b/a ABL Settlement Solutions and Other
Unknown, Unidentified Individuals in the above captioned matter.
Resp: tfully submitt
Date: November 24, 2014
Karl . Ledebohm, Esq.
Supreme Court ID #: 59012
P.O. Box 173
New Cumberland, PA 17070-0173
(717)938-6929
Attorney for Members 1st Federal Credit Union
DNA
Karl M. Ledebohm, Esquire
P.O. Box 173
New Cumberland, PA 17070-0173
(717)938-6929
SRMOF II 2012-1 TRUST, US BANK
TRUST NATIONAL ASSOCIATION,
NOT IN ITS INDIVIDUAL CAPACITY
BUT SOLELY AS TRUSTEE
PLAINTIFF
Vs.
MEMBERS 1ST FEDERAL CREDIT
UNION
DEFENDANT/PLAINTIFF
Vs.
ABL SETTLEMENT SOLUTIONS, LP
T/D/B/A ABL SETTLEMENT
SOLUTIONS and
OTHER UNKNOWN, UNIDENTIFIED
INDIVIDUALS
ADDITIONAL DEFENDANTS
•
•
•
•
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
: NO.: 14-3866 CIVIL
CERTIFICATE OF SERVICE
I, Karl M. Ledebohm, Esquire, hereby certify that on the 24th day of November,
2014, I served a true and correct copy of the foregoing Praecipe to Reissue the Writ to
Join as Additional Defendants Pursuant to Pa. R. C. P. 2252 ABL Settlement Solutions,
L.P. t/d/b/a ABL Settlement Solutions and Other Unknown, Unidentified Individuals upon
the plaintiff, by first class mail, postage prepaid, addressed as follows:
Michael P. Coughlin, Esquire
Kaplin Stewart Meloff Reiter & Stein, P.C.
Union Meeting Corporate Center
910 Harvest Drive
Blue Bell, PA 19422
Date: November 24, 2014
�ttie a!
Karl M. Ledebohm, Esq.
Supreme Court ID #: 59012
P.O. Box 173
New Cumberland, PA 17070-0173
(717)938-6929
Attorney for Members 1st Federal Credit Union
Karl M. Ledebohm, Esq.
P.O. Box 173
New Cumberland, PA 17070-0173
(717) 938-6929
CF ;Hr:
2@lh c.101! 25 P1'.1 1: 1114
CLJBEA1:D COWITY
SRMOF 11 2012-1 TRUST, US BANK :—INIHtOORT OF COMMON PLEAS
TRUST NATIONAL ASSOCIATION, : CUMBERLAND COUNTY,
NOT IN ITS INDIVIDUAL CAPACITY : PENNSYLVANIA
BUT SOLELY AS TRUSTEE
PLAINTIFF
Vs. : NO.: 14-3866 CIVIL
MEMBERS 1ST FEDERAL CREDIT
UNION
DEFENDANT/PLAINTIFF
Vs.
ABL SETTLEMENT SOLUTIONS, LP
T/D/B/A ABL SETTLEMENT
SOLUTIONS and
OTHER UNKNOWN, UNIDENTIFIED
INDIVIDUALS
ADDITIONAL DEFENDANTS
PRAECIPE TO REINSTATE COMPLAINT
To the Prothonotary:
Please reinstate the complaint filed in the above captioned matter.
Date: November 24, 2014
Respe lly submitted,
Karl M. Ledebohm, Esq.
Supreme Court ID #: 59012
P.O. Box 173
New Cumberland, PA 17070-0173
(717)938-6929
Attorney for Members 151 Federal Credit Union
.7
Karl M. Ledebohm, Esquire
P.O. Box 173
New Cumberland, PA 17070-0173
(717)938-6929
SRMOF II 2012-1 TRUST, US BANK : IN THE COURT OF COMMON PLEAS
TRUST NATIONAL ASSOCIATION, : CUMBERLAND COUNTY,
NOT IN ITS INDIVIDUAL CAPACITY : PENNSYLVANIA
BUT SOLELY AS TRUSTEE
PLAINTIFF
Vs. : NO.: 14-3866 CIVIL
MEMBERS 1ST FEDERAL CREDIT
UNION
DEFENDANT/PLAINTIFF
Vs.
ABL SETTLEMENT SOLUTIONS, LP
T/D/B/A ABL SETTLEMENT
SOLUTIONS and
OTHER UNKNOWN, UNIDENTIFIED
INDI.VIDUALS
ADDITIONAL DEFENDANTS
CERTIFICATE OF SERVICE
I, Karl M. Ledebohm, Esquire, hereby certify that on the 24th day of November,
2014, I served a true and correct copy of the foregoing Praecipe to Reinstate Complaint
upon the plaintiff, by first class mail, postage prepaid, addressed as follows:
Michael P. Coughlin, Esquire
Kaplin Stewart Meloff Reiter & Stein, P.C.
Union Meeting Corporate Center
910 Harvest Drive
Blue Bell, PA 19422
Date: November 24, 2014.
Respec
illy submitted,
arl M: Ledeboh , Esq.
Supreme Court ID #: 59012
P.O. Box 173
New Cumberland, PA 17070-0173
(717)938-6929
Attorney for Members 1st Federal Credit Union
Karl M. Ledebohm, Esq.
P.O. Box 173
New Cumberland, PA 17070-0173
(717) 938-6929
SRMOF II 2012-1 TRUST, US BANK
TRUST NATIONAL ASSOCIATION,
NOT IN ITS INDIVIDUAL CAPACITY
BUT SOLELY AS TRUSTEE
PLAINTIFF
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY,
: PENNSYLVANIA
Vs. : NO.: 14-3866 CIVIL
MEMBERS 1ST FEDERAL CREDIT
UNION
DEFENDANT/PLAINTIFF
Vs.
ABL SETTLEMENT SOLUTIONS, LP
T/D/B/A ABL SETTLEMENT
SOLUTIONS and
OTHER UNKNOWN, UNIDENTIFIED
INDIVIDUALS
ADDITIONAL DEFENDANTS
PRAECIPE TO REINSTATE COMPLAINT
To the Prothonotary:
Please reinstate the complaint filed in the above captioned matter.
Date: December 22, 2014
Karl M. Ledebohm, Esq.
Supreme Court ID #: 59012
P.O. Box 173
New Cumberland, PA 17070-0173
(717)938-6929
Attorney for Members 1st Federal Credit Union
5l1.1s?ac
o-bA
c3,_4 'a-31/4-k`� 1
'�,�yq�
Karl M. Ledebohm, Esquire
P.O. Box 173
New Cumberland, PA 17070-0173
(717)938-6929
SRMOF II 2012-1 TRUST, US BANK : IN THE COURT OF COMMON PLEAS
TRUST NATIONAL ASSOCIATION, : CUMBERLAND COUNTY,
NOT IN ITS INDIVIDUAL CAPACITY : PENNSYLVANIA
BUT SOLELY AS TRUSTEE
PLAINTIFF
Vs. : NO.: 14-3866 CIVIL
MEMBERS 1ST FEDERAL CREDIT
UNION
DEFENDANT/PLAINTIFF
Vs.
ABL SETTLEMENT SOLUTIONS, LP
T/DB/A ABL SETTLEMENT
SOLUTIONS and
OTHER UNKNOWN, UNIDENTIFIED
INDIVIDUALS
ADDITIONAL DEFENDANTS
CERTIFICATE OF SERVICE
I, Karl M. Ledebohm, Esquire, hereby certify that on the 22°1 day of December,
2014, I served a true and correct copy of the foregoing Praecipe to Reinstate Complaint
upon the plaintiff, by first class mail, postage prepaid, addressed as follows:
Michael P. Coughlin, Esquire
Kaplin Stewart Meloff Reiter & Stein, P.C.
Union Meeting Corporate Center
910 Harvest Drive
Blue Bell, PA 19422
Date: December 22, 2014
Karl M. Ledebohm, Esq.
Supreme Court ID #: 59012
P.O. Box 173
New Cumberland, PA 17070-0173
(717)938-6929
Attorney for Members 1st Federal Credit Union
Karl M. Ledebohm, Esq.
P.O. Box 173
New Cumberland, PA 17070-0173
(717) 938-6929
SRMOF II 2012-1 TRUST, US BANK : IN THE COURT OF COMMON PLEAS
TRUST NATIONAL ASSOCIATION, : CUMBERLAND COUNTY,
NOT IN ITS INDIVIDUAL CAPACITY : PENNSYLVANIA
BUT SOLELY AS TRUSTEE
PLAINTIFF
Vs. : NO.: 14-3866 CIVIL
MEMBERS 1ST FEDERAL CREDIT
UNION
DEFENDANT/PLAINTIFF
Vs.
ABL SETTLEMENT SOLUTIONS, LP
T/D/B/A ABL SETTLEMENT
SOLUTIONS and
OTHER UNKNOWN, UNIDENTIFIED
INDIVIDUALS
ADDITIONAL DEFENDANTS
PRAECIPE TO REISSUE WRIT TO JOIN AS ADDITIONAL DEFENDANTS
PURSUANT TO Pa. R.C.P 2252
To the Prothonotary:
Please reissue the Writ to Join as Additional Defendants Pursuant to Pa.R.C.P.
2252 ABL Settlement Solutions, L.P. t/d/b/a ABL Settlement Solutions and Other
Unknown, Unidentified Individuals in the above captioned matter.
Respectfully submitted,
Date: December 22, 2014
U
arl M. Ledebohm, Esq.
Supreme Court ID #: 59012
P.O. Box 173
New Cumberland, PA 17070-0173
(717)938-6929
Attorney for Members 1' Federal Credit Union
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Karl M. Ledebohm, Esquire
P.O. Box 173
New Cumberland, PA 17070-0173
(717)938-6929
SRMOF II 2012-1 TRUST, US BANK : IN THE COURT OF COMMON PLEAS
TRUST NATIONAL ASSOCIATION, : CUMBERLAND COUNTY,
NOT IN ITS INDIVIDUAL CAPACITY : PENNSYLVANIA
BUT SOLELY AS TRUSTEE
PLAINTIFF
Vs. : NO.: 14-3866 CIVIL
MEMBERS 1ST FEDERAL CREDIT
UNION
DEFENDANT/PLAINTIFF
V s.
ABL SETTLEMENT SOLUTIONS, LP
T/D/B/A ABL SETTLEMENT
SOLUTIONS and
OTHER UNKNOWN, UNIDENTIFIED
INDIVIDUALS
ADDITIONAL DEFENDANTS
CERTIFICATE OF SERVICE
I, Karl M. Ledebohm, Esquire, hereby certify that on the 22nd day of December,
2014, I served a true and correct copy of the foregoing Praecipe to Reissue the Writ to
Join as Additional Defendants Pursuant to Pa.R.C.P. 2252 ABL Settlement Solutions,
L.P. t/d/b/a ABL Settlement Solutions and Other Unknown, Unidentified Individuals upon
the plaintiff, by first class mail, postage prepaid, addressed as follows:
Michael P. Coughlin, Esquire
Kaplin Stewart Meloff Reiter & Stein, P.C.
Union Meeting Corporate Center
910 Harvest Drive
Blue Bell, PA 19422
Date: December 22, 2014
Karl . edebohm, E
Supreme Court ID #: 59012
P.O. Box 173
New Cumberland, PA 17070-0173
(717)938-6929
Attorney for Members 1' Federal Credit Union.