HomeMy WebLinkAbout01-05275t , `
COMMUNITY BANKS, N.A., Ii+T THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. r- : CI~7IL ACTION -LAW
DAVID E. LANDAU and DEBORAH A. NO. (~~,,, ~~7~ ~ 6 V C
LANDAU,
Defendants
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the
claims set forth in the following pages, you must take action within twenty (20) days
after this Complaint and Notice are served, by entering a written appearance
personally or by attorney and filing in writing with the Court your defenses or
objections to the claims set forth against you. You are warned that if you fail to do
so the case may proceed without you and a judgment may be entered against you
by the Court without further notice for any money claimed in the Complaint or for
any other claim or relief requested by the Plaintiffs. You may lose money or
property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF
YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU
CAN GET LEGAL HELP.
Cumberland Coixnty Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717)249-3166
(800)990-9108
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COMMUNITY BANKS, N,A.,
Plaintiff
VS.
DAVID E. LANDAU and DEBORAH A.
LANDAU,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
NO.
NOTICIA
LE HAN DEMANDADO A USTED EN LA COUTE. Si usted quiere defenderse
de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) Bias 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 torte en forma escrita
sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado
que si usted no se defiende, la torte 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
petition de demanda. Usted puede perder dinero o sus propiedades o otros derechos
importantes para usted.
LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. ST NO
TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL
SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA
DIR,ECCION SE ENCUENTRA ESCRITA ABAJO PARR AVERIGUAR DONDE SE
PUEDE CONSEGUIR ASISTENCIA LEGAL.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717)249-3166
(800)990-9108
y
COMMUNITY BANKS, N.A., IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. CIVIL ACTION -LAW
DAVID E. LANDAU and DEBORAH A. NO. ®/ ~~~ ~~ /~GUC
LANDAU, ! C.
Defendants
COMPLAINT IN MORTGAGE FORECLOSURE
AND NOW, Plaintiff, Community Banks, N.A., through its counsel, Mette,
Evans & Woodside, brings this Complaint before the Court, in support of which it
avers as follows:
1. Plaintiff is Community Banks, N.A. (hereinafter "Community Banks"),
a national banking association with an office at 150 Market Square, Millersburg,
Pennsylvania, 17061.
2. Defendant, David E. Landau, is an adult individual who, upon
information and belief, resides at 4493 Lakeside Drive, Harrisburg, Pennsylvania,
17110.
3. Defendant, Deborah A. Landau, is an adult individual who, upon
information and belief, resides at 4493 Lakeside Drive, Harrisburg, Pennsylvania,
17110.
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4. On February 28, 2000, Defendants David E. Landau and Deborah A.
Landau (hereinafter "Defendants") executed and delivered to Community Banks a
Promissory Note (hereinafter "Note") evidencing their obligation to Community
Banks under a Commercial Term Loan in the principal amount of Seven Hundred
Eighty Thousand ($780,000) Dollars, together with interest thereon and other
charges as more particularly provided in the Note. A true and correct copy of the
Note is attached hereto at Exhibit "A" and incorporated herein by reference.
5. Community Banks advanced the full amount of $780,000 to Defendants
under the Note.
6. On the same date and to secure the Note, Defendants executed and
delivered to Community Banks a Mortgage and Security Agreement (hereinafter
"Mortgage"), a copy of which is attached hereto at Exhibit "B" and incorporated
herein by reference.
The Mortgage was recorded on March 3, 2000 in the Recorder of Deeds
Office in and for Cumberland County, Pennsylvania, in Book 1598, Page 459.
8. In part, the land subject to the Mortgage is described as follows:
Tax Parcel No. 10-21-0275-151
(3507 Market Street, Camp Hill, PA)
ALL THAT CERTAIN lot, parcel or piece of ground situate in
Hampden Township, Cumberland County, Pennsylvania,
bounded and described as follows, to wit:
BEGINNING at a point on the southern right-of-way line of the
Carlisle Pike (LTS Route 11), said point being located and
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referenced South Eighty-eight (88) degrees Twenty-seven (27)
minutes West, a distance of Two Hundred Forty (240)
(incorrectly typed as 420 in current Deed) feet from the
intersection of the southern right-of--way line of the Carlisle Pike
(US Route 11) and the western right-of--way line of 35"' Street;
thence along the eastern line of Lot No. 44 Block D, Hampden
Gardens, South One (1) degree Thirty-three (33) minutes East, a
distance of Two Hundred (200) feet to a point on the rear line of
other lots of Block B, Hampden Gardens; thence along the rear
line of other lots of Block B, Hampden Gardens, South Eighty-
eight (88) degrees Twenty-seven (27) minutes West, a distance of
One Hundred Twenty (120) feet to a point; thence along the
western line of Lot No.'3 Block D, Hampden Gardens, North
One (1) degree Thirty-three (33) minutes West, a distance of Two
Hundred (200) feet to a point on the southern right-of--way line
of the Carlisle Pike (US Route 11); thence along the southern
right-of--way line of the Carlisle Pike, North Eighty-eight (88)
degrees Twenty-seven (27) minutes East, a distance of One
Hundred Twenty (120) feet to a point, the place of BEGINNING.
SAID lot being 24,000 square feet.
BEING Lot Nos. 3 and 4 Block D on the certain Plan of Lots laid
out by Leroy H. Kohler, et al., and known as Hampden Gardens,
which Plan was recorded February 21,1997 in Plan Book 4,
page 32.
BEING the same premises which David E. Landau and
Albert H. DeFrank, as tenants in common, by deed dated
August 6, 1997 and recorded August 7, 1997 in the Office of the
Recorder of Deeds for Cumberland County in Deed Book 162,
page 475, granted and conveyed to David E. Landau and
Deborah E. Landau, his wife.
(see Exhibit "B" at Book 1598, Pages 460-461.)
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9. Pursuant to the Note and the Mortgage, Defendants covenanted and
agreed that they would pay the indebtedness as provided in the Note and that the
whole principal sum and interest would become due at the option of Community
Banks in the event that they failed to keep, observe or perform any of the
covenants, conditions or agreements contained therein.
10. Specifically, pursuant to the Note, Community Banks is authorized to
take the following actions in the event of default:
* * * Payee may * * * (b) declare the entire unpaid
principal balance of this Note, together with interest
accrued thereon (at the then applicable rate provided
above to the date on which a default occurs and,
thereafter, at the Default Rate) an all other sums due from
Maker under this Note or any other Loan Document to be
due and payable immediately * * * .
(See Exhibit "A" at pages 7 - 8 thereof)
11. Specifically, in regard to the remedies available to Community Banks,
the Mortgage provides:
17.1. Upon the occurrence of any Event of Default, the
entire unpaid balance of the principal, accrued interest
and all other sums secured by this Mortgage shall become
immediately due and payable, at the option of the
Mortgagee, without notice or demand.
17.2. When the entire indebtedness shall become due and
payable, either because of maturity or because of the
occurrence of any Event of Default, or otherwise, and
forthwith Mortgagee may, at its option, do any or all of
the following:
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(i) Foreclosure. Institute an action of mortgage
foreclosure against the Mortgaged Premises, or
take such other action at law or in equity for the
enforcement of this Mortgage and realization on
the mortgage security or any other security herein
or elsewhere provided for, as the law may allow,
and may proceed thereon to final judgment and
execution for the entire unpaid balance of the
principal debt, with interest at the Interest Rate
defined and set forth in the Note to the date of
default, and thereafter at the Default Rate defined
and set forth in the Note, together with all other
sums due by Mortgagor in accordance with the
provisions of the Note and this Mortgage and any
other Loan Document * * * and reasonable
attorneys' fees * * * .
(See Exhibit "B" at Book 1598, Pages 473-474.)
12. Pursuant to the terms of the Note, all obligations of Defendants are
joint and several. (See Exhibit "A" at page 9 wherein the following obligation is
found: "Maker * * * jointly and severally * * * agree that the liability of each of
them shall be unconditional without regard to the liability of any other part [sic].")
13. Defendants have defaulted in the performance of their obligations
under the Note and Mortgage by failing to pay, inter alia, the monthly installments
of principal and interest due as required under the Note.
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14. By letter dated July 19, 2001, Community Banks provided the
Defendants with written notice of their default by first class mail and by certified
mail. A true and correct copy of the written notice is attached hereto at Exhibit "C"
and incorporated herein by reference.
15. Defendants received notice that the Note was in default. True and
correct copies of the U.S. Postal Service certified mail receipts (Article Nos. 7099
3400 0004 8978 0530, 7099 3400 0004 8978 0592, 7099 3400 0004 8978 0561, and 7099
3400 0004 8978 0622) and PS Forms 3811 evidencing the certified mailing are
attached hereto at E~chibit "D."
16. The notice sent to Defendants by first class mail was not returned.
True and correct copies of the certificates of mailing (PS Form 3817) evidencing the
date of mailing are attached hereto at Exhibit "E."
17. Defendants have failed and refused to cure their defaults under the
Note.
18. Community Banks has called the Note and declares the unpaid
principal balance, together with accrued interest, attorneys' fees and costs as
provided therein, to be immediately due and payable.
19. The following amounts are currently due and owing Community
Banks on the Note:
Unpaid principal balance under the Note (Exhibit "A") $764,593.87
Interest Accrued and Unpaid as of August 29, 2001 $15,214.12
($195.49 per diem) (to be further calculated at the time of
complete payment or collection)
Late charges as of August 29, 2001 (to be further $5,000.66
calculated at the time of complete payment or collection)
Attorneys' fees and costs of suit (To be determined)
TOTAL: $784,808.65
(As of August 29, 2001)
20. Community Banks sent a thirty (30) day advance written notice of
intention to foreclose to each Defendant at their last known address, setting forth
clearly and conspicuously the information required by law. (See Exhibit "C"
attached hereto.)
21. There has been no assignment of the Mortgage.
22. The Mortgage is less than twenty (20) years old.
23. No judgment has been entered on the Mortgage in any jurisdiction.
WHEREFORE, Community Banks, N.A., respectfully demands that
judgment be entered in its favor and against Defendants David E. Landau and
Deborah A. Landau, jointly and severally, in the amount of $784,808.65, plus interest
at the per diem rate of $195.49, plus late fees, all costs of collection and all costs of
suit and attorneys' fees as provided in the Promissory Note and the Mortgage and
Security Agreement and as allowed by law; directing foreclosure and sale of the
mortgaged properties; and awarding Community Banks, N.A., such other relief as is
just under the circumstances.
Respectfully submitted,
METTE, EVANS & WOODSIDE
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By: / ~ ~____ _ ~
. Beneventano, Esquire
up. Ct. I.D. #43107
3401 North Front Street
P.O. Box 5950
Harrisburg, PA 17110-0950
(717)232-5000
Attorneys for Plaintiff,
Community Banks, N.A.
Date: September 7, 2001
VERIFICATION
I, Barry C. Di1Lren ,state that I hold the title of Senior Vice President
at Community Banks, N.A., the Plaintiff in the above-
captioned action, that I am authorized to make this Verification on its behalf, and
that the facts set forth in the foregoing Complaint are true and correct to the best of
my knowledge, information and belief.
I understand that my statements are made subject to the penalties of
18 Pa.C.5.A. §4904 relating to unsworn falsification to authorities.
COMMUNITY BANKS, N.A.
1 Qlt ~ ~ U,lkrs--~"~-.
Na C. n
Title Sensor' Vice President
Date: / ~ / ' fJ
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PROMISSORX NOTE
$7so,ooo.oo
Dated: February 28, 2000
Harrisburg, PA
For value received and intending to be legally bound, DAVID E. LANDAU and
DEBORAH A. LANDAU, husband and wife, individually, jointly and severally, of 4493 Lakeside
Drive, Harrisburg, Dauphin County, Pennsylvania 17110 (Maker"), promises to pay to the order of
COMMUNITY BANKS, N.A., a national banking association (hereinafter called "Payee"), at 150
Mazket Square, P.O. Box 350, Millersburg, Pennsylvania 17061 or such other place as Payee may
designate in writing, the principal sum of SEVEN HUNDRED EIGHTY THOUSAND
DOLLARS ($780,000.00) lawful money of the United States of America together with interest on
the outstanding principal balance hereof as set forth below.
The Payee has approved a mortgage loan totaling SEVEN HUNDRED EIGHTY
THOUSAND DOLLARS ($780,000.00) (the "Loan") to the Maker. The loan is evidenced by this
Note which is executed and delivered pursuant to the terms of a commitment letter of the Payee to
the Maker, the terms and conditions of which aze incorporated herein by reference. This Note is
secured, inter alia, by a Mortgage and Security Agreement of even date herewith given by the Maker
to the Payee.
This Promissory Note shall be payable as follows: Maker shall pay two hundred forty (240)
consecutive monthly installments (each a "Scheduled Monthly Installment) which shall be in the
initial amount of Seven Thousand One Hundred Forty-Three Dollars and Seventy-Six Cents
($7,143.76). Each scheduled montlily payment said be applied first to interest at the Applicable-Rate
of Interest hereinafter defined and then to the reduction of the principal balance of this Note. The
D \TLL\CBNAILANDAU.NDT 1
first Scheduled Monthly Payment shall be due and payable on or before March 28, 2000. Such
Scheduled Monthly Payments shall continue to be due and payable on the 28th day of each month
thereafter until February 28, 2020 (the "Maturity Date"). On March 28, 2005, and annually
thereafter the amount of the Scheduled Monthly Installment shall be increased or decreased by the
Bank in such amount as is necessary to continue to amortize the principal of this Note over a period
of two hundred forty (240) months from the date hereof. On the Maturity Date a final installment
shall be due and payable which shall include all unpaid amounts of the principal balance and interest
accrued and unpaid thereon and any and all other payments or amounts due under this Note, the
Agreement, or any other Loan Document as hereinbefore defined.
Upon Bank giving at least one hundred eighty (180) days written notice by certified
mail or overnight courier to Borrower, Bank shall have the absolute right and option to accelerate
the Maturity Date to the 10th anniversary of the date of this Note (the "Accelerated Maturity Date."),
regardless of whether an Event of Default as herein defined shall have occurred. As of the
Accelerated Maturity Date at the Bank's absolute right and option, all unpaid amounts of the then
principal balance hereunder, all accrued but unpaid interest thereon, and all other amounts payable
under this Note shall be immediately due and payable.
The Applicable Rate of Interest shall be fixed at Nine and Twenty-Five Hundredths
Percent (9.25%) percent per annum for a period of sixty (60) months from the date hereof.
Thereafter, the Applicable Rate of Interest shall be that rate of interest which is at all times equal to
one and one-half (1 1/2%) percent per annum above the Commercial Prime Rate of Community
Banks, N.A. as hereinafter defined in effect at that time and thereafter in effect from time to time.
The Applicable Rate of Interest shall change on the day on which any change in said Community
Banks, N.A.'s Commercial Prime Rate shall become effective. When the Commercial Prime Rate
of Community Banks, N.A. changes on a day other than the first day of a calendaz month, interest
for the month in which such change or changes aze made shall be calculated on a per diem basis with
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the various Prime Rates in effect for that month. Interest hereunder shall be calculated on the basis
of a 365 day yeaz.
The term "Commercial Prime Rate of Community Banks, N.A." as used herein shall --
mean the rate which the Payee establishes as "the Commercial Prime Rate of Community Banks,
N.A." whether or not published, If the Payee has more than one Commercial Prime Rate in effect
simultaneously, "Prime Rate" shall mean the highest of such prime rates then simultaneously, in
effect. The utilization of "Prime Rate" herein is solely for the purpose of defining the rate of interest
applicable hereunder. Its utilization shall in no way preclude or limit the Payee from lending to
certain borrowers, from time to time, at a rate of interest less than the "Prime Rate" as defined
hereunder.
If any installment of principal and/or interest under this Note or any other sum due
under any other Loan Document (as hereinafter defined) is not paid within seven (7) days after
written notice or if the Maker fails to pay the entire principal balance, together with interest accrued
thereof, and all other sums due under this Note or any other Loan Document on the Maturity Date
as defined herein, interest shall be due on such overdue amount (including overdue interest) from
its due date to the date on which it is paid at the rate of two percent (2%) per annum above the
Applicable Rate but not more than the highest rate permitted by law (the "Default Rate"). Such
interest at the Default Rate shall (in addition to all other interest) be due on each payment date and
on the date on which the overdue amount is paid. Interest at the Default Rate shall be due on all
interest from the date on which it is due until the date on which it is paid and any interest which is
not paid at maturity (whether stated or accelerated) shall be added to the principal balance of this
Note on the Maturity Date.
If the Maker prepays more than One Hundred Thousand Dollars ($100,000) of
the principal baance of the loan during any year computed form the loan closing date, the
D \TLL\CBNALLANgAU.NOT 3
amount of prepayment in excess of $100,000 per year shall be subjected to a five percent (5%)
prepayment charge or premium during the first year of the term of the loan, a four percent
(4%) prepayment charge or premium during the second year of the term of the loan, a three
percent (3%) prepayment charge or premium during the third year of the term of the loan,
and a two percent (2%) prepayment charge or premium during the fourth year of the term
of the loan, and a one percent (1%) prepayment charge or premium during the fifth year of
the term ofo the loan. "Phe sale of the Mortgaged Premises to an unrelated buyer and the
payoff of the loan as a result of such sale shall not constitute a prepayment of principal and
will not be subject to any prepayment charge or premium.
In the event any of the aforesaid payments of interest and/or principal remain unpaid
fifteen (15) days after such payments aze due, Maker shall pay a delinquency charge of five percent
(S%) of the amount so overdue to cover the extra expense involved is handling delinquent payments.
Provisions for such delinquency chazge shall not be construed to permit Maker to make any payment
after its due date, obligate Payee to accept any overdue installment, or affect Payee's rights and
remedies upon default.
Maker shall not be obligated to pay and Payee-shall not collect interest at a rate in
excess of the maximum permitted by law or the maximum that will not subject Payee to any civil
or criminal penalties. If, because of the acceleration of maturity, the payment of interest in advance
or any other reason, Maker is required, under the provisions of any Loan Document, to pay interest
at a rate in excess of such maximum rate, the rate of interest under such provisions shall immediately
and automatically be reduced to such maximum rate, and any payment made in excess of such
maximum rate, together with interest thereon at the rate provided herein from the date of such
payment, shall be immediately and automatically applied to the reduction of the unpaid principal
balance of this. Note as,of the date on which such excess payment was made. if the amount to be so
applied to reduction of the unpaid principal balance exceeds the unpaid principal balance, the amount
D:\TLL\CBNALLANDAU. NOT
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of such excess shall be refunded by Payee to Maker.
This Note is secured by and entitled to all of the benefits of (i) a Mortgage and
Security Agreement ("Mortgage") of even date herewith from Maker as Mortgagor to Payee as
Mortgagee of the teal estate known as 4502 Derry Street, Harrisburg, Dauphin County,
Pennsylvania; 3507 Market Street, Camp Hill, Cumberland County, Pennsylvania; and 4493
Lakeside Drive, Harrisburg, Dauphin County, Pennsylvania together with all improvements now
or hereafter erected thereon and all fixtures installed therein as more fully described in the Mortgage
(the "Mortgaged Property"); (ii) the Assignment of Rents and Leases affecting the Mortgaged
Property; (iii) all additional security set forth in the Commitment Letter {the Mortgage, and the
Assignment of Rents and Leases are hereinafter collectively referred to as the "Loan Documents").
Reference is made to the Loan Documents for a description of the properties and collateral
mortgaged, secured and pledged as security for this Note, the nature and extent thereof, the rights
of the holder of this Note and the Maker in respect of such security and otherwise, and the terms
upon which this Note is issued. All of the terms, covenants, agreements, conditions warranties and
provisions contained in the Loan Documents are hereby incorporated into this Note with the same
force and effect as if they were fully set forth herein. Maker covenants and agrees to comply with
and perform all such provisions, or cause them to be complied with and performed, strictly in
accordance with their terms.
For purposes of this Note "Collateral Security"means any and all goods, chattels,
inventory, equipment, securities, deposits, accounts receivable, notes, documents, instruments,
money, safe deposit box contents, and other property of Maker of whatever kind or nature which
may now or hereafter be deposited with or in the possession or control of Payee. Maker hereby
pledges the Collateral Security as security for the payment of this Note and agrees that, in the event
of a default under this Note (whether or not the default is an event of default as defined below),
Payee may set off any of the Collateral Security against any amount due hereunder or apply any
D \TLL\CBNA\LANpgU NOT
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other Collateral Security or other proceeds of the Collateral Security to any amount due under this
Note or under any other Loan Document.
"Default" under this Note shall mean any Event of Default (as hereinafter defined)
and any event which with the passage of time or the giving of notice, or both, would become an
Event of Default.
Upon default Payee may collect any late charges, interest on overdue amounts at the
default Rate, and any other amounts authorized in the Loan Documents, and may set off the
Collateral Security against or apply it to any sum due under this Note or any other Loan Document.
Each of the following events shall constitute an "Event of Default" under this Note,
subject to any applicable notice and grace period as set forth herein or therein: (a) Maker fails to
make any payment of principal or interest or any other sum required to be made under this Note, the
Mortgage, or any other Loan Document, on its due date, provided that such failure continues for ten
(10) days after written notice thereof; provided, however, that such right to written notice shall be
limited to three (3) times during each calendaz yeaz; (b) there occurs an Event of Default as defined
in the Mortgage or any other Loan Document (as hereinbefore defined) executed by any Maker, (c)
if any Maker becomes insolvent or makes an assignment for the benefit of creditors; or (d) if (i) a
Court shall, enter a decree or order for relief in respect of any Maker in an involuntary case under the
Federal Bankruptcy Code or any applicable bankruptcy, insolvency or other similaz law now or
hereafter in effect, or appointing a receiver, liquidator, assignee, custodian, trustee, sequestrator (or
similar official) of any Maker or for any of the property of any Maker, ordering the winding up or
liquidation of his/her/its/their affairs, and such decree or order shall remain unstayed and in effect
for a period of sixty (60) days; or (ii) any Maker shall commence an action in bankruptcy,
insolvency, or under any other similaz law now or hereinafter in effect, or shall consent to the entry
of an order for relief in an involuntary case under Lany such law, or shall consent to the appointment
G~.\TLL\CBNALLANDAU.NOT 6
of or taking possession by a receiver, liquidator, assignee, trustee, custodian, sequestrator (or similar
official) of any Maker or for any part ofhis/her/its/their property, (e) failure by the Maker to observe
or perform any covenant, agreement, condition or term of this Note or any Loan Document executed
by Maker and delivered to Payee in connection with this Note which remains uncured thirty (30)
days after written notice thereof by Payee provided that if such failure cannot be reasonably cured
within such thirty (30) day period as aforesaid and if Maker has diligently attempted to cure the same
and thereafter continues diligently to cure the same, then the cure period provided for herein may
be extended up to a date set by Payee (or breach by Maker of any other obligation to the Payee
subject to any applicable notice and/or grace period); or (f) any representation or warranty in any
financial or other statements, schedule, certificate or other document of any Maker delivered to
Payee by or on behalf of any Maker shall prove to be false, misleading, or incomplete in any material
respect not cured within 30 days of written notice thereof; or (g) a material adverse change occurs
in the financial condition of any Maker; or (h) Maker assigns or otherwise transfers or attempts to
assign or transfer any interest in the Mortgaged Premises (except as provided in the Mortgage).
At any time after occun•ence of an Event of Default, Payee may, at Payee's option and
without notice or demand, do any one or more of the following:
(a) without declaring the unpaid principal balance to be due, collect all installments
of principal and/or interest (at the then applicable rate provided above to the date on which a default
occurs and, thereafter, at the Default Rate) and all other sums due under this Note or any other Loan
Document from time to time, by any action provided in this Note or any other Loan Document or
provided at law or in equity;
(b) declare the entire unpaid principal balance of this Note, together with interest
acczued thereon (at the then applicable rate provided above to the date on which a default occurs and,
D \TLL\CBNALLANDAU.NOT
thereafter, at the Default Rate) and all other sums due from Maker under this Note or any other Loan
Document to be due and payable immediately; and/or
(c) exercise any other right or remedy as may be provided in this Note or any other
Loan Document or provided at law or in equity.
Payment of all or any part of the Indebtedness (as defined below) may be recovered
at any time by any one or more of the foregoing remedies.
Whether or not the entire unpaid principal balance is declared to be due, the interest
rate on the unpaid principal balance shall be the Default Rate from the date on which a default occurs
until the date on which all defaults are cured or the entire unpaid principal balance and all other sums
due under this Note or any other Loan Document (collectively, the "Indebtedness") are actually
received by Payee. Upon the entry of any judgment after default, interest shall continue to accrue
at the Default Rate on the judgment amount from the date of judgment until actual receipt of the
entire Indebtedness by Payee, including any period after a Sheriffs Sale of the Mortgaged Property.
In any action under this Note or any other Loan Document, Payee may recover all
costs of suit and other expenses in connection with the action, including the cost of any title search
and reasonable attorneys fees, paid or incurred by Payee.
The rights and remedies provided to Payee in this Note and the other Loan
Documents, including all warrants of attorney, (a) are not exclusive and aze in addition to any other
rights and remedies Payee may have at law or in equity, (b) shall be cumulative and concurrent, (c)
may be pursued singly, successively or together against Maker, any of the Mortgaged Property, any
of the Collateral Security and/or any other security at the sole discretion of Payee, and (d) may be
exercised as often as occasion therefor shall arise. The failure to exercise or delay in exercising any
D \tLL\CBNAV,ANDAU.NOT
such right or remedy shall not be construed as a waiver or release thereof.
Maker hereby waives and releases Payee and its attorneys from all errors, defects and
imperfections (of a procedural nature) in any proceeding instituted or maintained by Payee under this
Note or any other Loan document. Maker hereby, to the extent not prohibited by law, waives all
benefit of any and all present and future statutes of limitations and moratorium laws and any and all
present and future laws which (a) exempt all or any part of the Mortgaged Property, the Collateral
Security or any other real or personal property or any part of the proceeds of any sale of any such
property from attachment, levy, foreclosure or sale under execution, (b) provide for any stay of
execution, marshaling of assets, exemption from civil process, redemption, extension of time for
payment, or valuation or appraisement of all or any part of the Mortgaged Property, the Collateral
Security or any other real or personal property, or (c) conflict with any provision of this Note or any
other Loan Document. Maker agrees that the Mortgaged Property, the Collateral Security and any
other real or personal property may be sole to satisfy any judgment entered under this Note or any
other Loan Document in whole or in part and in any order as may be desired by Payee.
Maker and all endorsers, sureties and guazantors, jointly and severally: (a) waiver
presentment for payment, demand, notice of demand, notice of nonpayment or dishonor, protest and
notice of protest of this Note, and all other notices (not expressly provided for in this Note) in
connection with the delivery, acceptance, performance, default, or enforcement of the payment of
this Note; (b) agree that the liability of each of them shall be unconditional without regard to the
liability of any other part and shall not be affect in any manner by any indulgence, extension of time,
renewal, waiver or modification granted or contended to by payee at any time; (c) consent to any and
all indulgences, extensions of time, renewals, waivers or modifications granted or consented to by
payee at any time; (d) consent to the release of all or any part of or interest in the Mortgaged
Property or the Collateral Security or any other collateral described in any Loan Document, with or
without substitution; and (e) agree that additional makers, endorsers, guarantors or sureties may
D \TLL\CBNAp,pNDAU.NOT
d
become parties to this Note or any other Loan Document without notice to them or affecting their
liability under this Note or any other Loan Document.
Payee shall not be deemed, by any act of omission or commission, to have waived
any of its rights or remedies hereunder unless such waiver is in writing and signed by Payee. Such
a written waiver signed by Payee shall waive Payee's rights and remedies only to the extent
specifically stated in such written waiver. A waiver as to one or more particulaz events or defaults
shall not be construed as continuing or as a bar to or waiver of any right or remedy as to another or
subsequent event or default.
If Maker shall, without in each instance the prior written consent of Payee, sell
transfer, convey, mortgage, encumber, lease or otherwise alienate all of any part of the Mortgaged
Property or any interest therein (except for leases permitted by the Mortgage or Assignment of
Leases, or sale of lots in the ordinary course of Makers business if payment of the appropriate release
price as provided in the Mortgage is made to Payee), whether voluntarily or by operation of law, then
Payee may, at its sole option, declare the Indebtedness to be immediately due and payable,
whereupon all such principal and other sums shall be immediately due and payable.
Payee shall not be construed for any purpose to be a partner, joint venturer or
associate of Maker or of any lessee, operator, concessionaire or licensee of Maker or of any of the
Mortgaged Property by reason of this Note or any of the Loan Documents or of any action by Payee
pursuant to any provision of this Note or any other Loan Document.
Time is of the essence of each and every provision of this Note.
The words "Payee" and "Maker" shall include the respective heirs, distributees,
personal representatives, successors and assigns of Payee and Maker, respectively. The provisions
D \TLUCBNALLANDAO.NOT 10
- ,.
of this Note shall bind and inure to the benefit of Payee and Maker and their respective heirs,
distributees, personal representatives, successors and assigns provided that the provisions of this
paragraph are subject to all the other provisions of this Note and the other Loan Documents,
including the above due-on-sale clause.
If there is more than one Maker, the liability of each shall be joint and several.
As to all pronouns and other terms in this Note, the singular shall include the plural
and vice versa and any gender shall include the other two genders, as the context may require,
The Phrase "any of the Mortgage Property" shall mean "all or any part of any of the
Mortgaged Property or any interest therein." The phrase "any of the Collateral Security" shall mean
"all or any part of the Collateral Security or any interest therein."
This Note may be modified, amended, discharged or waived only by an agreement
in writing signed by the party against whom enforcement of any such modification, amendment,
discharge or waiver is sought.
This Note shall be governed by and construed according to the laws of the
Commonwealth of Pennsylvania.
All notices, requests, demands and other communications given pursuant to any
provision of this Note shall be given in writing by U.S. certified or registered mail with return receipt
requested and postage prepaid, or by any 24-hour courier service with proof of delivery, addressed
to the party for which it is intended at the address of that party first stated above or such other
address of which that party shall have given notice in the manner provided herein. Any such mail
notice shall be deemed to have been given when the notice is deposited in the mail. Any such courier
D \TLL\CONALLANDAU.NDT I I
_ .
notice shall be deemed to have been given on the following business day.
UPON THE OCCURRENCE OF AN EVENT OF DEFAULT AND AFTER
FIFTEEN (15) DAYS' WRITTEN NOTICE TO MAKER, MAKER HEREBY IRREVOCABLY
AUTHORIZES AND EMPOWERS ANY ATTORNEY OR ATTORNEYS OR THE
PROTHONOTARY OR CLERK OF ANY COURT OF RECORD IN THE COMMONWEALTH
OF PENNSYLVANIA OR IN ANY OTHER JURISDICTION WHICH PERMITS THE ENTRY
OF JUDGMENT BY CONFESSION, TO APPEAR FOR ANY OR ALL MAKER IN SUCH
COURT IN AN APPROPRIATE ACTION THERE BROUGHT OR TO BE BROUGHT AGAINST
MAKER AT THE SUIT OF PAYEE ON THIS NOTE, WITH OR WITHOUT COMPLAINT OR
DECLARATION FILED, AS OF ANY TERM OR TIME, AND THEREIN TO CONFESS OR
ENTER JUDGMENT AGAINST MAKER FOR, ALL SUMS DUE BY MAKER TO PAYEE
UNDER THIS NOTE AND THE OTHER LOAN DOCUMENTS (WITH OR WITHOUT
ACCELERATION OF MATURITY), INCLUDING ALL COSTS AND REASONABLE
ATTORNEYS' FEES. FOR SO DOING THIS NOTE OR A COPY HEREOF VERIFIED BY
AFFIDAVIT SHALL BE A SUFFICIENT WARRANT. THE AUTHORITY TO CONFESS
JUDGMENT GRANTED HEREIN SHALL NOT BE EXHAUSTED BY ANY EXERCISE
THEREOF BUT MAY BE EXERCISED FROM TIME TO TIME AND AT ANY TIME AS OF
ANY TERM AND FOR ANY AMOUNT :AUTHORIZED HEREIN. MAKER EXPRESSLY
AUTHORIZES THE ENTRY OF REPEATED JUDGMENTS UNDER THIS PARAGRAPH
NOTWITHSTANDING ANY PRIOR ENTRY OF JUDGMENT IN THE SAME OR ANY OTHER
COURT FOR THE SAME OBLIGATION OR ANY PART THEREOF.
MAKER ACKNOWLEDGES THAT IT HAS BEEN REPRESENTED BY
COUNSEL IN CONNECTION WITH THE EXECUTION AND DELIVERY OF THIS NOTE
AND THAT IT UNDERSTANDS THIS PROVISION FOR CONFESSION OF JUDGMENT, AND
D \TLL\CBNAV.ANDAU.NDT 1
"?z i
A : ' , -~ r.
MAKER WAIVES ANY RIGHT TO NOTICE OR A HEARING WHICH IT MIGHT
OTHERWISE HAVE BEFORE ENTRY OF JUDGMENT.
February, 200
~..
D1TLL\CBNALLANDAU.NOT
IN WITNESS WHEREOF, Maker has executed t1u~,Note under seal 28th day of
0. ~ ~ J
/~ / ~~/f~
D ID .LANDAU
n %
J/ DEBORAH A. LANDAU
13
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~';
MORTGAGE AND SECURITY AGREEMENT
THE TGAGE SECURITY AGREEMENT (the "Mortgage") made this
T~ day of t' (l:CL`'-( , 2000, by and between DAVID E. LANDAU and
BORAH A. LAN AU, husband, d wife, of 4493 Lakeside Drive, Harrisburg, Pennsylvania,
jointly and severally, (hereinafter re erred to as the "Mortgagor") and COMMUNITY BANKS,
N.A., a national banking association having offices located at 150 Market Square, Millersburg, PA
17061 (hereinafter referred to as "Mortgagee").
BACKGROUND
A. Mortgagor, DAVID E. LANDAU and DEBORAH A. LANDAU, husband and
wife, jointly and severally, have executed and delivered to Mortgagee a Promissory Note of even
date herewith and made payable to Mortgagee in the principal-amount of SEVEN HUNDRED
EIGHTY THOUSAND DOLLARS ($780,000.00) (the "Note"), with interest thereon payable at
the rate and times, in the manner and according to the terms and conditions specified in the Note,
all of which are incorporated herein by reference.
B. Mortgagor, DAVID E. LANDAU and DEBORAH A. LANDAU, individually or
collectively, is the owner in fee simple of the real estate situate at 4502 Derry Street, Harrisburg,
Dauphin County, Pennsylvania; 3507 Mazket Street, Camp Hill, Cumberland County, Pennsylvania;
and 4493 Lakeside Drive, Harrisburg, Dauphin County, Pennsylvania which real property is more
fully described in Exhibit "A" attached hereto and made a part hereof.
C. As security for the obligations of Mortgagor, DAVID E. LANDAU and
DEBORAH A. LANDAU, as Makers under the Note and as security for all other sums provided for
in this Mortgage and as security for the repayment of all sums advanced or to be advanced under the
Note, Mortgagee has required Mortgagor, and Mortgagor has agreed, to execute and deliver this
Mortgage. The Note, this Mortgage and any other®documents executed by Mortgagor and delivered
to Mortgagee in connection with the Note or given as security for the Note or the obligations of
Mortgagor (including any restructuring, refinancing, extension or modification thereof) aze
sometimes referred to herein collectively as the "Loan Documents" or individually as a "Loan
Document." The terms and conditions of the Loan Documents aze hereby incorporated into this
Mortgage by reference.
D:\TLL~CB NA\LANDAU.CMC
r
BOUK jS~'R PACE ~~4~9
TRACT NO. 1
ALL THAT CERTAIN lot, pazcel, piece of ground situate in Swataza Township, Dauphin County,
Pennsylvania, bounded and described as follows, to wit:
BEGINNING at a point on the northern line of Derry Street Twenty (20) feet East of the northeast corner
of Derry Street and Duke Street'in the division line between Lot Nos. 78 and 79 on the herein mentioned Plan
of Lots; thence northwardly along said dividing line One Hundred Thirty (I30} feet to the southern line of
Chesfiut Alley; thence eastwardly along the southern line of Chestnut Alley Fifty-five (55) feet to a point;
thence southwardly parallel with the division line between Lot Nos. 80 and 81, One Hundred Thirty (130)
feet to the northern line of Derry Street; thence westwardly along the northern line of Derry Street, Fifty-five
(55) feet to a point, the place of BEGINNING.
BEING all of Lot Nos. 79 and 80 and the westem Fifteen {15) feet to Lot No. 81 Block C Plan of Lawnton.
HAVING thereon erected atwo-story dwelling house known as 4502 Derry Street. Hamsbur ,Pennsylvania:
and being tax parcel no. 63-013-021.
IT BEING the same premises which john C. March and Nancy J. March, his wife, by Deed dated November
19, 1993 and recorded November 22, 1993 in the Office of the Recorder of Deeds for Dauphin County in
Record Book 2108, Page 349, granted and conveyed to David Landau and Albert DeFrank, as Tenants in
Common.
TRACT N0.2
ALL THAT CERTAIN lot, parcel or piece of ground situate in Hampden Township, Cumberland County,
Pennsylvania, bounded and described as follows, to wit:
BEGINNING at a point on the southern right-of--way line of the Carlisle Pike (US Route 11), said point being
located and referecned South Eighty-eight (88) degrees Twenty-seven (27) minutes West, a distance of Two
Hundred Forty (240) (incorrectly typed as 420 in current Deed) feet from the intersection of the southern
right-of--way line of the Carlisle Pike (US Route 11) and the western right-of--way line of 35'" Street; thence
along the eastern line of Lot No. 44 Block D, Hampden Gaddens, South One (1) degrees Thrity-three (33)
minutes East, a distance of Two Hudnred (200) feet to a point on the rear line of other lots of Blook B,
Hampden Gardens; thence along the rear line of other lots of Block B Hampden Gardens, South Eighty-eight
(88) degrees Twenty-seven (27) minutes West, a distance of One Hudnred Twenty (120) feet to a point;
thence along the westem line of Lot No. 3 Block D, Hampden Gardens, North One (1) degree Thirty-three
(33) minutes West, a distance of Two Hundred (200) feet to a point on the southern right-of--way line of the
Carlisle Pike (US Route 11); thence along the southern right-of-way line of the Carlisle Pike, North Eighty-
eight (88) degrees Twenty-seven (27) mintues East, a distance of One Hudmed Twenty (120) feet to a point,
the place of BEGINNING.
SAID lot being 24,000 square feet.
BEING Lot Nos. 3 and 4, Block D on the certain Plan of lots laid out by Leroy H. Kohler, et al., and known
as Hampden Gardens, which Plan was recorded February 21, 1947 in Plan Book 4, Page 32.
BOOK~J98 PAGE .460
BEING known as 3507 Market Street. CamRHill. Pennsylvania; and being tax parcel no. 10-21-0275-151.
IT BEING the same premises which David E. Landau and Albert H. DeFrank, as tenants in common, by
Deed dated August 6, 1997 and recorded August 7, 1997 in the Office of the Recorder of Deeds for
Cumberland County in Deed Book 162, Page 475, granted and conveyed to David E. Landau and Deborah
E. Landau, his wife.
TRACT N0.3
ALL THAT CERTAIN tract or parcel of land and premises situate in Susquehanna Township, Dauphin
County, Pennsylvania, more particularly bounded and described as follows, to wit:
BEGINNING at a concrete monument on the southern dedicated right-of--way line of Lakeside Drive, at the
corner of land now or formerly of Terry Lee Mahoney; thence by said dedicated rght-of--way line, North
Sixty-nine (69) degrees Thirty-nine (39) minutes East One Hundred Ten (I 10) feet to an iron pin; thence by
the dividing line between Lots Nos. 2 and 3 on the hereinafrer mentioned Subdivision Plan, South Twenty-
Six (26) degrees Ten (10) minttes Nine (9) seconds East Two Hundred Three and thirty-seven Hundredthh
(203.37) feet to an iron pin; thence by land now or formerly of Stanley D. Custer and Mary E. Custer, South
Seventy (70) degrees Forty (40) minutes Three (3) seconds West Forty-six and Sixty-three hundredths
(46.63) feat to an iron pin; thence by the dividing line between Lots Nos. 1 and 2 on said Plan, North Twenty
(20) degrees Twenty-one (21) minutes West Forty-nine and Ninety-nine hundredths (49.99) feet to a point;
thence by the same, South Sixty-nine (69} degrees Thirty-nine (39} minutes West Eighty-four (84) feet to
an iron pin; thence by land now or formerly of Terry Lee Mahoney, North Twenty (20) degrees Twenty-one
(21) minutes West One Hundred Fifty-one and Fifty hundredths (151.50) feet to a concrete monument, the
place of BEGINNING.
BEING Lot No. 2 on a final Re-Subdivision Plan for Murray L. and Edna Neil as recorded in the Office of
the Recorder of Deeds in and for Dauphin County, Pennsylvania, in Plan Book "I", Volume 4, Page 95.
BEING known and numbered as 4493 Lakeside Drive. Harrisburg, Pennsylvania; and being Tax Parcel No.
62-9-202.
IT BEING the same premises which Raymond W. Williams and Patricia A. Williams, his wife, by Deed
dated October 11, 1998 and recorded October 19, 1998 in the Office of the Recorder of Deeds for Dauphin
County in Deed Book 3233, Page 162, granted and conveyed to David Landau and Deborah Landau, his
wife.
EXHIBIT "A"
BOUN~SS~P0.CE .461,
CONVEYANCE
NOW, THEREFORE, Mortgagor, in consideration of the premises recited above and
the indebtedness evidenced by the Note and the other Loan Documents, and for better securing
payment of the same, with interest and in accordance with their respective terms and conditions,
together with all other sums recoverable by Mortgagee under the terms of the Loan Documents and
for the performance of the agreements and covenants, contained herein and therein, does hereby
grant, assign, and convey unto Mortgagee, its successors and assigns, all of the following real and
personal property and property interests (together, the real and personal property and the property
interests described in subpazagraphs (1) through (6) below, inclusive, shall constitute the "Mortgaged
Premises"):
1. All of Mortgagor's right, title and interest in and to real property situate at 4502
Derry Street, Harrisburg, Dauphin County, Pennsylvania; 3507 Market Street, Camp Hill,
Cumberland County, Pennsylvania; and 4493 Lakeside Drive, Harrisburg, Dauphin County,
Pennsylvania, and more particularly described in Exhibit "A" attached hereto and incorporated
herein by reference (the "Real Estate");
2. All buildings and improvements existing or hereafter erected on the Real Estate
(the "Improvements");
3. All fixtures, machinery, equipment, supplies, tools, accessories and other articles
of property of any nature whatsoever, whether real estate or not, owned by Mortgagor, now or at any
time hereafter installed in, attached to or situated in or upon, or used or intended to be used in
connection with or in the operation or maintenance of the Real Estate or the Improvements, or in the
operation of any buildings, improvements, plant or business now or hereafter situate thereon, which
shall include, but-not be limited to, all lighting, heating, ventilating, air conditioning, sprinkling and
plumbing fixtures and systems, irrigating, water and power systems and fixtures, engines and
machinery, boilers, ranges, furnaces, oil burners or units thereof, elevators and motors, refrigeration
plants or units, communication systems, security systems, dynamos, transformers, generators,
electrical equipment, storm and screen windows, doors, decorations, awnings, shades, signs, and
trees, shrubbery and other plantings;
4. All accounts, contract rights, chattel paper, general intangibles and all personal
property now or hereafter owned by Mortgagor and located on the Real Estate, together with all
accessions, replacements and substitutions thereto or therefor and the proceeds and products thereof;
5. All proceeds from the sale, transfer, lease or other disposition of any of the
foregoing, whether voluntary or involuntary (sale, transfers and leases are, nevertheless, subject to
D IIlLICBNAWANDAU CMG 2
BOUK1S98PACE +462
t
the provisions of pazagraphs 8 and 13 hereof), and all proceeds of the conversion of any of the
foregoing into cash or liquidated claims, including without limitation proceeds of insurance and
condemnation awards, and all parts, fittings, accessories, accessions, substitutions and replacements
therefor and thereof; and
6. Any and all tenements, hereditaments and appurtenances belonging to the Real
Estate or any part thereof, hereby mortgaged or intended so to be, or in anywise appertaining thereto
and all rents, issues, income, and profits arising therefrom; all streets, alleys, passages, ways,
watercourses, vaults; all other rights, liberties, easements, covenants and privileges of whatsoever
kind or character; the reversions and remainders; and all the estate, right, title, interest, property,
possession, claim and demand whatsoever, as well at law as in equity, of Mortgagor, in and to all
of the foregoing or any or every part thereof, and all the estate, right, title and interest of Mortgagor
in and to each and every existing and future lease with respect to all or any portion of the Real
Estate, including, without limitation, all rents, issues, income, and profits arising therefrom.
TO HAVE AND TO HOLD the Mortgaged Premises hereby granted and conveyed or
mentioned and intended so to be, with the appurtenances, unto Mortgagee, forever.
AS INDEPENDENT AND SEPARATE SECURITY for the payment of the indebtedness
and performance of the obligations, covenants and agreements secured hereby, Mortgagor hereby
(i) grants to Mortgagee a security interest under the Pennsylvania Uniform Commercial Code in,
among other things, all fixtures, furnishings, furniture, floor coverings, equipment, trade fixtures,
appliances, machinery, supplies, tools, accessories; operating inventory accounts, contract rights,
chattel paper, general intangibles and all other personal property now or hereafter owned by
Mortgagor and now or hereafter located on the Real Estate, and such other items as aze stated and
more particulazly described in the granting clauses set forth above, and the other permitted
encumbrances, (ii) conditionally assigns to Ivlortgagee all of Mortgagor's right, title and interest in
and to all leases, whether now in existence or hereafter created, together with all rents, deposits and
proceeds due and to become due thereunder and, upon an Event of Default as hereinafter provided,
confers upon Mortgagee the power to enter upon and take possession of the Mortgaged Premises
and to rent the same, either in its own name or in the name of Mortgagor, and to receive the rents,
issues and profits therefrom, and to apply the same to the payment of interest, principal, taxes,
insurance premiums, repairs, alterations, improvements and other expenses in such order of priority
as Mortgagee shall determine, but such collection of rents, issues and prof is shall not operate as an
affirmance of any tenant, lease or sublease, in the event that title to all or any part of the Mortgaged
Premises should be acquired by Mortgagee or any other purchaser at a foreclosure sale, except as
expressly provided herein, all as more fully set forth in the Assignment of Leases which constitutes
a portion of the Loan Documents, and (iii) assigns to Mortgagee, as additional collateral security
for all amounts secured hereby, all of Mortgagor's right, title and interest in and to all insurance
D'.\TLL\CBNAV.ANDAU.CMG
BOUI(iSS~ PAGE .463
policies, all proceeds of insurance policies, all unearned premiums paid by Mortgagor, accrued or
to accrue under all insurance policies, irrespective of who maintains such insurance, including but
not limited to Mortgagor or any tenant at the Mortgaged Premises, and all proceeds arising from
condemnation proceedings applicable to all or any part of the Mortgaged Premises.
ADDITIONAL PROVISIONS
Mortgagor represents, covenants, warrants, and agrees to and with Mortgagee, as
follows:
1. Title: Power: No Violation. Mortgagor represents that it has good and marketable
fee title to the Real Estate and the buildings, structures, improvements, fixtures, machinery,
tenements and other property and property interests which constitute the Mortgaged.Premises, and
to all rents, issues and profits therefrom, and has the right, full power and lawful authority to grant,
convey and assign the same to Mortgagee in the manner and form set forth herein and in the other
Loan Documents. The Mortgaged Premises aze free and cleaz of all liens, encumbrances and other
charges whatsoever except such easements and encumbrances as have been accepted by the Bank
("Permitted Liens"). Mortgagee, its successors and assigns will quietly enjoy and possess The
Mortgaged Premises to the extent provided in this Mortgage. Mortgagor's grant and conveyance of
Mortgagor's title and interest in and to the Mortgaged Premises to Mortgagee pursuant to this
Mortgage do not and will not violate any covenant or agreement by which Mortgagor is bound.
2. Complianoe. Environmental Matters.
2.1. Mortgagor has not treated, stored, recycled, disposed of or dischazged any
hazardous, toxic or polluting substances on or into the Mortgaged Premises in any manner which
may require remediation under any applicable law or regulation and Mortgagor, having made
reasonable inquiries and/or investigation, has no knowledge of any other person or entity, including,
without limitation, any previous owner of the Mortgaged Premises, having treated, stored, recycled,
disposed of or dischazged any hazazdous, toxic or polluting substances on or into the Mortgaged
Premises in such manner.
2.2. Mortgagor hereby agrees to defend, indemnify and save Mortgagee
harmless from and against any and all loss, damages and costs, including reasonable attorneys' fees
and expenses which Mortgagee may hereafter suffer, incur or lay out, by reason of any liability
arising out of Environmental Laws, claims; or proceedings due to the activities of Mortgagor or any
other person or entity during Mortgagor's ownership of the Mortgaged Property. This
indemnification shall extend to any liability Mortgagee may suffer or incur in connection with any
toxic waste clean up ordered by any governmental agency or court. This indemnity shall survive an
D \TLL\CBNAH,ANDAU.Ch1G A
800Kj.S°6PAG£ .464
event of foreclosure under this Mortgage or conveyance of the Mortgaged Property in lieu of
foreclosure.
2.3. Mortgagor hereby covenants that it shall not construe this Mortgage or
take any action which may cause Mortgagee to be considered a generator of hazardous substances,
or an owner, operator or person in control of any facility or part of any business of the Mortgagor.
3. Payment and Performance. Mortgagor hereby agrees to pay to Mortgagee, in
accordance with the terms of the Note and this Mortgage, the principal and interest and all other
sums therein and herein set forth. Mortgagor shall perform and comply with all the agreements,
conditions, covenants, provisions and undertakings contained in the Loan Documents and shall
timely perform all of its obligations and duties as lessor under any lease of all or any portion of the
Mortgaged Premises now or hereafter in effect.
4. Taxes and Other Chazges. Mortgagor shall pay or cause to be paid when due and
payable, without any deduction, defalcation or abatement, all taxes, assessments, water and sewer
rents and all other charges or claims which may be addressed, levied or filed at any time against
Mortgagor, the Mortgaged Premises or any part thereof or which by any present or future law may
have priority over the indebtedness secured hereby either in lien or in distribution out of the proceeds
of any judicial sale; and Mortgagor, if and as requested by Mortgagee, shall produce to Mortgagee,
not later than ten (10) days prior to the dates when any of the same shall commence to beaz interest
or penalties, receipts for or other eviderice of the payment thereof.
5. Insurance.
5. 1. Mortgagor shall, from and after the date hereof and at all times while this
Mortgage is in force or the Note remains outstanding, maintain, at Mortgagor's expense, insurance
in amounts, with deductibles and with companies reasonably satisfactory to Mortgagee. Without
limiting the generality of the foregoing, Mortgagor shall maintain the following minimum coverages,
unless otherwise agreed to in writing by Mortgagee, which coverages may be included as part of a
blanket policy insuring the Mortgaged Premises and other properties:
(1) insurance which shall comply with the worker's compensation and
employer's liability laws of all states in which Mortgagor shall have employees;
(2) comprehensive general liability insurance covering all operations of
Mortgagor and with a combined single limit of not less than $2,000,000 per occurrence for bodily
injury (including death) and $1,000,000 for property damage;
(3) fire, extended coverage, vandalism and malicious mischief insurance in
D'\TLL\CDNAU.ANDAU CMG
BOUN 1598 PAGE vASs
an amount not less than the full replacement value of any Improvement now or hereafter erected on
the Real Estate;
(4) if the Mortgaged Premises is in an area designated by the Secretary of
Housing and Urban Development as having special flood hazards, flood insurance on the
improvements on the Mortgaged Premises and any and all personal property used or to be used in
connection therewith, up to the maximum limits of insurance available under the National Flood
Insurance Program as authorized by the Flood Disaster Protection Act of 1973;
(5) business interruption insurance or "loss of rental value" insurance, as
appropriate, for a period of twelve (12) months in an amount equal to the gross income from the
Mortgaged Premises for a period of twelve (12) months;
(6} such other insurance, and in such amounts, as may from time to time be
reasonablyrequired by Mortgagee.
5.2. Upon execution hereof, Mortgagor shall furnish to Mortgagee duplicate copies
of such policies of insurance or, if acceptable to Mortgagee, certificates of Mortgagor's insurance
agent certifying to the insurance required and including photocopies of all policies certified by such
agent to be true and correct, in each case specifying the expiration date. Not less than twenty (20)
days prior to the expiration of any such coverage, Mortgagor shall deliver to Mortgagee a duplicate
policy or certificate evidencing the renewal of such coverage and the payment of all premiums.
5.3 Each insurance policy shall contain a provision requiring the insured to notify
Mortgagee, in writing and at least thirty (30) days in advance, of any cancellation or material change
in the policy.
5.4. In the event of loss to all or any portion of the Mortgaged Premises, Mortgagor
shall give immediate written and oral notice thereof to Mortgagee, and Mortgagee may make proof
of loss if not made promptly by Mortgagor; rovide ,however, that any adjustment of proof of loss
shall require the prior written consent of Mortgagee. Each insurance company concerned is hereby
authorized and directed to make payment under such insurance; including return of unearned
premiums, to Mortgagee instead of to Mortgagor and Mortgagee jointly, and Mortgagor irrevocably
appoints Mortgagee as Mortgagor's attorney-in-fact to endorse any draft thereof, which appointment,
being for security, is irrevocable.
5.5. If an Event of Default under this Mortgage, the Note or any other Loan
Document has occurred or is continuing, Mortgagee shall have the absolute right to retain and apply
the proceeds of any insurance, at its sole election, toward reduction of the indebtedness secured
D \TLL\C6NAU.ANDAU CMG
BuUK~JQ~PAGE i~ss
hereby or to require Mortgagor to restore or repaid the damaged property according to plans and
specifications approved by Mortgagee.
5. 6. With respect to the proceeds of any business interruption insurance carried with
respect to the Mortgaged Premises, Mortgagee may retain and apply such proceeds to reduce the
indebtedness hereby secured. If Mortgagee receives proceeds of business interruption insurance in
excess of those to be applied for the current month, and an Event of Default under this Mortgage,
the Note or any other Loan Document has occurred or is continuing, then Mortgagee may retain such
additional proceeds in escrow, for the account of Mortgagor, and so apply such proceeds on a
monthly basis. However, any such proceeds not needed to be applied to keep Mortgagor current and
not in default during the reasonably estimated period of time when the revenues from the operation
of the Mortgaged Premises will be inadequate to provide Mortgagor with sufficient funds with which
to pay Mortgagee the amounts falling due each month, shall be paid over to Mortgagor.
6. P~,yment of Monthly Installments of Taxes. Insurance. Assessments. etc.
Mortgagee may require Mortgagor in the event of default to pay to Mortgagee monthly, in addition
to the required payments of interest and principal payable under the Note and commencing with the
first payment due after the date of such request, monthly payments of I/12th of the annual real estate
taxes, insurance premiums, water and sewer rents and assessments together with the entire amount
of any sums due for special assessments, chazges or claims and any other item which, at any time,
may be or become a lien upon the Mortgaged Premises prior to the lien of this Mortgage.
7. Waste: Maintenance: Alterations: Permits. Mortgagor shall abstain. from and shall
not permit the commission of waste in or about the Mortgaged Premises; shall maintain the
Mortgaged Premises in good order and condition and in a rentable and tenantable state of repair; and
shall make or cause to be made, as and when necessary, all repairs and replacements, structural and
non-structural, exterior and interior, ordinary and extraordinary, foreseen and unforeseen, whether
or not the same may be necessary by reason of fire or other casualty and whether or not insurance
proceeds are available therefor. Mortgagor shall not remove or demolish the buildings or other
improvements now or hereafter erected upon the Real Estate, nor alter the design or structural
character of any building or other improvement now or hereafter erected thereon so as to materially
diminish the value thereof, unless Mortgagee shall first consent thereto in writing. Mortgagor shall
obtain and cause to be kept in full force and effect all necessary licenses, permits, authorizations,
consents, and approvals required by all governmental or quasi-governmental authorities having
jurisdiction, including without limitation requisite certificates of use and occupancy, elevator
certiftcates and certificates of the local board of fire underwriters (except to the extent Mortgagor
contests any of the same in accordance with Paragraph 2 hereof).
D \TL,L\CBNAV.ANDAU.CMG /
BOOK :798 racE A67
8. eases.
8. 1. Mortgagor shall timely perform all of its obligations under the terms and
conditions of any leases (which shall include any and all agreements for the use or occupancy of any
portion of the Mortgaged Premises) affecting the Mortgaged Premises and shall not accept rent
therefor in advance for a period of more than two (2) months.
8.2. Mortgagor shall not enter into any lease for all or any portion of the
Mortgaged Premises except on commercially reasonable terms and fair market value rentals. Upon
request, Mortgagor shall, in any event, provide Mortgagee with copies of all leases and amendments,
supplements, exhibits and riders thereto eithernow or hereafter entered into.
8.3. There is no assignment or pledge of any rents, issues and profits of or
from the Mortgaged Premises now in effect, and Mortgagor shall not make any other assignment or
pledge thereof to anyone other than Mortgagee until the indebtedness secured hereby is fully paid.
8.4. Mortgagor shall provide that all leases entered into after the date hereof
-which permit any party to occupy, possess, or use in any way the Mortgaged Premises or any part
thereof shall include an express prohibition of the storage, treatment or discharge, production,
transportation or disposal of any hazardous waste, polychlorinated biphenyls, asbestos or other
hazardous substance as defined by CERCLA, and the failure to comply with such prohibition shall
expressly constitute a default under any such leases.
8.5. Upon the request of Mortgagee, Mortgagor shall use its best efforts to
deliver to Mortgagee, within fifteen (15) days thereafter, a certificate from each tenant certifying to
the basic terms of its lease, that the lease is unmodified and in full force and effect (or if there have
been modifications, that the same is in full force and effect as modified and stating the
modifications), certifying the dates to which the basic rent and additional rent, if any, have been
paid, certifying that the landlord under the lease is not in default thereunder and certifying that the
tenant has no defenses, setoffs, claims or counterclaims against the landlord.
9. Declaration of No Set-Off If requested at any time by Mortgagee, Mortgagor
shall promptly (and in any event within ten (10) days after request therefor) furnish Mortgagee or
Mortgagee's designee with a Declaration of No Set-Off, in form and substance satisfactory to
Mortgagee or any such designee, certifying, in a writing duly acknowledged, the amount of
principal, interest and other chazges then owing under the Note, and whether there aze any set-offs
or defenses against the same, and, if so, the nature thereof.
10. Inspection. Mortgagee and any persons authorized by Mortgagee shall have the
right at any time, upon prior notice to Mortgagor, to enter upon the Mortgaged Premises during
D \TLL\CONAU.ANDALLCMG
BOUI(1Jy~ PAGE ,469
normal business hours to inspect and photograph its condition and state of repair and occupancy.
11. Books and Records. Mortgagor will maintain full and complete books of account
and other records reflecting the results of its operations (in conjunction with its other operations as
well as its operations of the Mortgaged Premises), in accordance with generally accepted accounting
principles, and famish or cause to be famished to Mortgagee such financial data and other
information as Mortgagee shall, from time to time, reasonably request with respect to Mortgagor and
the ownership and operation of the Mortgaged Premises and Mortgagee shall have the right, at
reasonable times and upon reasonable notice, to audit Mortgagor's books of account and records.
12. Required Notices. Mortgagor shall notify Mortgagee promptly upon Mortgagor
becoming aware of the occurrence of any of the following: (a) a fire or other casualty causing
damage in excess of Ten Thousand ($10,000) Dollars to the Mortgaged Premises; (b) receipt of
notice of eminent domain proceedings or condemnation of all or any portion of the Real Estate; (c)
receipt of material notice from any governmental authority relating to the structure, use, operation
or occupancy of or otherwise related to or affecting the Mortgaged Premises, including but not
limited to any notice relating to environments[ or land use regulation laws; (d) substantial change
in the occupancy, operation or use of any portion of the Mortgaged Premises; (e) receipt of any
notice of the imposition of, or of threatened or actual execution on, any lien on, or security interest
in, the- Mortgaged Premises; and (f) commencement of any litigation or notice of any threat of
litigation materially affecting the Mortgaged Premises, whether or not covered by insurance.
13. No Transfer: No Other Liens.
13. 1. Without the prior written consent of Mortgagee, which shall not be
unreasonably withheld, Mortgagor shall abstain from and shall not cause or permit any conveyance,
transfer or other disposition of title to, or any legal or equitable interest in, the Mortgaged Premises
or any part thereof (other than by execution on the Note or foreclosure under this Mortgage)
voluntazily or by operation of law, or any agreement io do any of the foregoing (including, but not
limited to, any lease other than in the ordinary course of business or installment sales contract with
respect to any or all of the Mortgaged Premises). Any sale, assignment, pledge, encumbrance or
transfer to a third party of any partnership interest of Mortgagor shall be deemed to violate this
prohibition on transfers. Principals may transfer interest between themselves and among family
members and/or trusts for family members upon notice to Mortgagee. _
13.2. Mortgagor shall not, without the prior written consent of Mortgagee,
create or cause or permit to exist (voluntazily or involuntarily) any lien (other than the lien of this
Mortgage and any permitted liens identified in pazagraph 1 of the Mortgage), encumbrance or chazge
on, or security interest in, all or any part of the Mortgaged Premises, except real estate taxes which
are not yet due and payable.
D:\TLL\CBNAV.ANDAU CMG
80(1K iSQ~ PAGE +~69
13.3. If any lien or encumbrance prohibited under this Paragraph 13 is filed
or entered, Mortgagor shall have it removed of record within thirty (30) days after it is filed or
entered by either paying it, having it bonded in a manner which removes it of record or otherwise
having it removed of record. Notwithstanding the foregoing, if Mortgagor in good faith and by
appropriate legal action shall contest the validity of any such lien, judgment or other encumbrance,
or the amount thereof, and, at the option of Mortgagee, shall have established on its books or by
deposit of cash with Mortgagee a reserve for the payment thereof in such amount as Mortgagee may
require, and, in the event this Mortgage is subordinate to such lien, judgment or encumbrance, if
Mortgagee shall have consented in writing to such action, then Mortgagor shall not be required to
have such lien, judgment or other encumbrance removed of record while the reserve is maintained
and so long as the contest operates to stay any proceedings which may be instituted to enforce
payment or satisfaction of such lien; encumbrance or other judgment and prevent a sale of the
Mortgaged, Premises to pay or satisfy such lien, encumbrance or other judgment, such contest is
maintained and prosecuted with diligence, and shall not have been terminated or discontinued
adversely to Mortgagor.
13.4. By placing a mortgage, lien or encumbrance of any-type, whether
voluntary or involuntary, against the Mortgaged Premises, the holder thereof shall be deemed to have
agreed, without any further act or documentation being required, that its mortgage, lien, or
encumbrance shall be subordinated in lien to any future amendments, consolidations or extensions
to this Mortgage (including, without limitation, amendments which increase the interest rate on the
Note or provide for future advances secured by this Mortgage).
13.5. The holder of any subordinate mortgage or other lien, whether or not
consented to by Mortgagee, expressly agrees by acceptance of such subordinate mortgage or other
lien that it waives and relinquishes any rights which it may have, whether under a legal theory of
marshaling of assets or any other theory at law or in equity, to restrain Mortgagee from, or recover
damages from Mortgagee as a result of, the exercise by Mortgagee of any of its various remedies
hereunder and under any other documents or instruments evidencing or securing the indebtedness
secured hereby, in such order and with such timing as Mortgagee shall deem appropriate in its sole
and absolute discretion. Mortgagor shall have no right to permit the holder of any subordinate
mortgage or other subordinate lien, whether or not consented to by Mortgagee; to terminate any lease
of all or a portion of the Mortgaged Premises whether or not such lease is subordinate (whether by
[aw or the terms of such lease or a sepazate agreement) to the lien of this Mortgage without first
obtaining the prior written consent of Mortgagee. The holder of any subordinate mortgage or other
subordinate lien shall have no such right, whether by foreclosure of its mortgage or lien of otherwise,
to terminate any such lease, whether or not permitted to do so by Mortgagor or as a matter of law,
and any such attempt to ternnate any such lease shall be ineffective and void without first obtaining
the prior written consent of Mortgagee.
D ~TLL\C6NAV.ANDAU CA1G I O
eoua<159~eacE A70
13.6. Mortgagee may, at any time or from time to time, renew extend or
increase the amount of this Mortgage, or alter or modify the terms of this Mortgage or the Note in
any way, or waive any of the terms, covenants or conditions hereof or of the Note in whole or in part
and may release any portion of the Mortgaged Premises or any other security, and grant such
extensions and indulgences in relation to the indebtedness secured hereby as Mortgagee may
determine, without the consent of any junior lienor or encumbrancer and without any obligation to
give notice of any kind thereto and without in any manner affecting the priority or the liens hereof
on all or any part of the Mortgaged Premises.
13.7. Any violation of any of the foregoing limitations, at the option of
Mortgagee upon written notice with 30 day of right to cure, shall be deemed an Event of Default
hereunder.
14. Cure by Mortgagee. If (a) Mortgagor at any time fails, after fifteen (15) days'
written notice from Mortgagee, to pay any claim, lien or encumbrance which shall be prior to this
Mortgage, or to pay when due any tax or assessment or any insurance premium, or (b) Mortgagor
fails, after thirty (30j days written notice from Mortgagee, to keep the Mortgaged Premises in repair,
or to replace or restore as required hereby, or (c) Mortgagor shalt commit or permit waste material
uncured after thirty (30) days written notice, or (d) there be commenced any action or proceeding
materially affecting the Mortgaged Premises or the title thereto, Mortgagee, at its option, may pay
such claim, lien, encumbrance, tax, assessment or premium, with right of subrogation thereunder,
may procure such abstracts or other evidence of title as it deems necessary, may make such repairs,
replacements or restorations and take such steps as it deems advisable to prevent or cure such waste,
and may appear in any such action therein as Mortgagee deems advisable, and for any of such
purposes Mortgagee may advance such sums of money as it deems necessary; provided, however,
that any notices sent or grace periods granted to Mortgagor to cure shall not be necessary if in
Mortgagee's reasonable judgment it is necessary that Mortgagee take inunediate action in order to
protect the security provided for by this Mortgage. Mortgagor shall pay to Mortgagee immediately
upon demand all sums of money advanced by Mortgagee pursuant to this Paragraph 14, together
with interest on each advance at the Default Rate defined and set forth in the Note, and all such sums
and interest thereon shall be secured hereby.
15. Retention of Counsel. If Mortgagee retains the services of counsel by reason of
an Event of Default hereunder or on account of any matter involving Mortgagor's title to the
Mortgaged Premises or the security interest intended to be granted hereby, including, without
limitation, condemnation proceedings, bankruptcy proceedings, or proceedings involving defects in
title which aze not covered by Mortgagee's title insurance policy, all costs of suit and reasonable
attorneys' fees shall upon demand therefor become due and payable by Mortgagor and shall be
secured hereby. If Mortgagee shall institute legal proceedings to foreclose.this Mortgage or enter
judgment on the Note, Mortgagor shall pay all expenses, including reasonable attorneys' fees as
D'\TLL\CBNA\LANDAU CMG I I
aouK1598PacF X471
herein provided and court costs, of Mortgagee in connection with all such proceedings, whether or
not otherwise legally chargeable to Mortgagor, together with interest at the Default Rate as defined
in the Note, until actual payment is made of the full amount due Mortgagee, whether before or after
judgment, and all such sums shall be secured hereby.
16. Events of Default.
16.1. Each of the following shall constitute an event of default hereunder (an
"Event of Default"):
(i) The occurrence of any Event of Default under (and as defined in) the Note,
the Loan Agreement or any other Loan Document subject to applicable notice and grace period (if
any) set forth therein.
(ii) The failure of Mortgagor to pay any amount owed hereunder, which
amount remains unpaid fifteen (15) days after Mortgagor's receipt of written notice of such
non-payment.
(iii) Any event specified in paragraph 13 hereof.
(iv) The failure of Mortgagor to observe, perform or abide by any
non-monetary obligation, covenant, warranty, agreement, condition or provision contained herein,
excepting these enumerated in Paragraph 13.1 hereof; provided, that an Event of Default shall not
be deemed to have occurred hereunder because of or with respect to any default or breach by
Mortgagor on or of any obligation, covenant, warranty, agreement, condition or provision described
in this subpazagraph (iv) unless Mortgagee shall have first given Mortgagor written notice of such
default or breach, specifying the nature and extent thereof, and Mortgagor shall have failed {a) to
begin correcting such default or breach within a period of five (5) days after the date of receipt of
such notice, and (b) to proceed diligently with efforts to cure the default or breach until it shall be
fully cured within no more than thirty (30) days after the date of such notice; provided, further ,that
if and to the extent such default or breach cannot reasonably be cured within such thirty (30) day
period as aforesaid, and if Mortgagor has theretofore diligently attempted to cure the same and
thereafter continues diligently to cure the same, then the cure period provided for herein may be
extended up to a date set by Mortgagee.
(v) The occurrence of a default on or breach of any other monetary or
non-monetary obligation secured by the Mortgaged Premises or any part thereof.
(vi) (1) The commencement by Mortgagor, or any guazantor or surety for the
indebtedness secured hereby, of a voluntary case under any Chapter of the Bankruptcy Code (Title
D \TLL\C9NALL.ANDAU CMG 1
BOuK159~PAGE ~7~
,~ _
~~
11 of the United States Code), as now or hereafter in effect, or the taking by Mortgagor or any such
guarantor or surety of any equivalent or similar action by filing of a petition or otherwise under any
other federal or state law in effect at the time relating to bankruptcy or insolvency; (2) the filing of
a petition against Mortgagor or any such guazantor or surety under any Chapter of the Bankruptcy
Code (Title 11 of the United States Code), as now or hereafter in effect, or the filing of a petition
seeking any equivalent or similaz relief against Mortgagor or any such guazantor or surety under any
other federal or state law in effect at the time relating to bankruptcy or insolvency, and the failure
by Mortgagor or such guarantor or surety to secure the dischazge of such petition within sixty (60)
days from the date of filing; (3) the making by Mortgagor or any such guazantor or surety of a
general assignment for the benefit of its creditors; (4) the appointment of a receiver, trustee,
custodian or similar officer for Mortgagor or any such guazantor or surety or for the property of
Mortgagor or any such guarantor or surety, and the failure by Mortgagor or such guazantor or surety
to secure the discharge of such receiver, trustee, custodian or similar officer within sixty (60) days
from the date of appointment; or (5) the admission in writing by Mortgagor or any such guarantor
or surety of any inability to pay debts generally as they become due.
16.2. If a prior mortgagee or the holder of any junior mortgage or any other lien on
the Mortgaged Premises (without hereby implying Mortgagee's consent to any such junior or senior
mortgage or lien) institutes foreclosure or other proceedings for the enforcement of its remedies
thereunder, or if a default or an Event of Default exists under any other mortgage or lien on the
Mortgaged Premises, such action shall constitute, after written ntoice with a 30-day right to cure, an
Event of Default under this Mortgage.
17. Remedies.
17.1. Upon the occurrence of any Event of Default, the entire unpaid balance
of the principal, accrued interest and all other sums secured by this Mortgage shall become
immediately due and payable, at the option of Mortgagee, without notice or demand.
17.2. When the entire indebtedness shall become due and payable, either
because of maturity or because of the occurrence of any Event of Default, or otherwise, then
forthwith Mortgagee may, at its option, do any or all of the following:
(i) Foreclosure. Institute an action of mortgage foreclosure against the
Mortgaged Premises, or take such other action at law or in equity for the enforcement of this
Mortgage and realization on the mortgage security or any other security herein or elsewhere provided
for, as the law may allow, and may proceed thereon to final judgment and execution for the entire
unpaid balance of the principal debt, with interest at the Interest Rate defined and set forth in the
Note to the date of default, and thereafter at the Default Rate defined and set forth in the Note,
together with all other sums due by Mortgagor in accordance with the provisions of the Note and this
D9TLUCBN.4LLANDAUOMG 1
aoaK 159 racE A73
Mortgage and any other Loan Document, including all sums which may have been loaned by
Mortgagee to Mortgagor after the date of this Mortgage pursuant to any extension or modification
of the Note, this Mortgage or any other Loan Document, and an sums which may have been
advanced by Mortgagee for taxes, water or sewer rents, chazges or claims, payments on prior liens,
insurance, utilities or repairs to the Mortgaged Premises, all costs of suit, together with interest at
such Default Rate on any judgment obtained by Mortgagee from and after the date of any sheriffs
sale until actual payment is made of the full amount due Mortgagee, and reasonable attorneys' fees;
and
(ii) Entrv. Eriter into possession of the Mortgaged Premises; with or
without legal action, and by force if necessary; lease the same; collect all rents and profits therefrom
and, after deducting all costs of collection and administration expenses, apply the net rents and
profits to the payment of any sums due under any prior lien, taxes, water and sewer rents, chazges
(including but not limited to agents' compensation and fees and costs of counsel and receivers),
claims, insurance premiums and all other carrying chazges, and to the maintenance, repair or
restoration of the Mortgaged Premises, or on account and in reduction of the principal. or interest,
or both; hereby secured, in such order and amounts as Mortgagee in Mortgagee's sole discretion may
elect. FOR THE PURPOSE OF OBTAINING POSSESSION OF THE MORTGAGED PREMISES
FOLLOWING ANY-EVENT OF DEFAULT HEREUNDER OR UNDER THE NOTE AND
AFTER FIFTEEN (15) DAYS' WRITTEN NOTICE TO MORTGAGOR; MORTGAGOR
HEREBY AUTHORIZES AND EMPOWERS ANY ATTORNEY OF ANY COURT OF RECORD
IN THE COMMONWEALTH OF PENNSYLVANIA OR ELSEWHERE, AS ATTORNEY FOR
MORTGAGOR AND ALL PERSONS CLAIMING UNDER OR THROUGH MORTGAGOR, TO
SIGN AN AGREEMENT FOR ENTERING IN ANY COMPETENT COURT AN ACTION IN
EJECTMENT FOR POSSESSION OF THE MORTGAGED PREMISES AND TO APPEAR FOR
AND CONFESS JUDGMENT AGAINST MORTGAGOR, AND AGAINST ALL PERSONS
CLAIMING UNDER OR THROUGH MORTGAGOR, IN FAVOR OF MORTGAGEE, FOR
RECOVERY BY MORTGAGEE OF POSSESSION THEREOF, FOR WHICH THIS MORTGAGE
OR A COPY HEREOF, VERIFIED BY AFFIDAVIT, SHALL BE SUFFICIENT WARRANT;
AND THEREUPON A WRIT OF POSSESSION MAY IMMEDIATELY ISSUE FOR
POSSESSION OF THE MORTGAGED PREMISES, WITHOUT ANY PRIOR WRIT OR
PROCEEDING WHATSOEVER AND WITHOUT ANY STAY OF EXECUTION. If for any
reason after such action has been commenced it shall be discontinued or suspended, or possession
of the Mortgaged Premises shall remain in or be restored to Mortgagor, Mortgagee shall have the
right for the same default or any subsequent default to bring an amicable action in ejectment and
confess judgment therein before or after the institution of proceedings to foreclose this Mortgage or
to enforce the Note, or after entry of judgment therein or on the Note, or after a sheriff s sale or
judicial sale or other foreclosure sale of the Mortgaged Premises in which Mortgagee is the
successful bidder, it being the understanding of the parties that the authorization to pursue such
proceedings for obtaining possession and confession of judgment therein is an essential part of the
D:\TLL\CBNA\LANDAU.CMG 1
eaaK3598PacE A74
remedies for enforcement of the Mortgage and shall survive any execution sale to Mortgagee; and
(iii) Receivershio. Have a receiver appointed to enter into possession
of the Mortgaged Premises, collect the rents, issues and profits therefrom and apply the same as the
court may direct. Mortgagee shall be entitled to the appointment of a receiver without the necessity
of proving either the inadequacy of the security or the insolvency of Mortgagor of any other person
who may be legally or equitably liable to pay moneys secured hereby, and Mortgagor and each such
person shall be deemed to have waived such proof and to have consented to the appointment of such
receiver, Should Mortgagee or any receiver collect rents, issues or profits from the Mortgaged
Premises, Mortgagee shall (after payment of all costs and expenses incurred) apply such rents, issues
and profits received by it to the indebtedness secured hereby; and such rents, issues and profits shall
not be used to cure the default, without the prior written consent of Mortgagee. Mortgagee shall be
liable to account only for rents, issues and profits actually received by Mortgagee.
17.3. Upon the occurrence of an Event of Default hereunder, Mortgagee,
pursuant to the foregoing remedies, or in addition thereto; (i) shall be entitled to resort to its several
securities for the payment of the sums secured hereby in such order and manner as Mortgagee may
think fit without impairing Mortgagee's lien in or rights to any of such securities and without
affecting the liability of any person, firm or corporation for the sums secured hereby, except to the
extent that the indebtedness secured hereby shall have been reduced. by the actual monetary
consideration, if any, received by Mortgagee from the proceeds of such security; (ii) may, in
Mortgagee's sole discretion, release for such consideration, or none, as Mortgagee may require, any
portion of the Mortgaged Premises without, as to the remainder of the security, in anywise impairing
or affecting the lien of this Mortgage or the priority thereof or improving the position of any
subordinate lienholder with respect thereto, except to the extent that the indebtedness secured hereby
shall have been reduced by the actual monetary consideration, if any, received by Mortgagee for
such release; and/or (iii) may accept the assignment or pledge of any other property in place thereof
as Mortgagee may require without being accountable for so doing to any other lienor. In the event
of any breach or anticipatory breach by Mortgagor of any of the covenants, agreements, terms or
conditions contained in this Mortgage, Mortgagee shall be entitled to enjoin such breach or
anticipatory breach and shall have the right to invoke any right and remedy allowed at law or in
equity or by statute or otherwise as though other remedies were not provided for in this Mortgage.
17.4. Mortgagee shall have the right, from time to time, to bring an
appropriate action to recover any sums required to be paid by Mortgagor under the terms of this
Mortgage, as they become due, without regard to whether or not the principal indebtedness or any
other sums secured by the Note and this Mortgage shall be due, and without prejudice to the right
of Mortgagee thereafter to bring an action of mortgage foreclosure, or any other action, for any
default by Mortgagor existing at the time the eazlier action was commenced.
D \TLL\CBNALLANDAUCMG I
eauK ~5Q8 Pact:.475
17.5. Any real estate sold pursuant to any writ of execution issued on a
judgment obtained by virtue of the Note or this Mortgage, or pursuant to any other judicial
proceedings under the Mortgage, may be sold in one pazcel, as an entirety, or in such parcels, and
in such manner or order, as Mortgagee, in its sole discretion, may elect.
17.6. If an Event of Default hereunder has occurred or is continuing,
Mortgagee shall have the right to set off all or any part of any amount due by Mortgagor to
Mortgagee under the Note, this Mortgage or otherwise, against any indebtedness, liabilities or
obligations owing by Mortgagee for any reason and in any capacity to Mortgagor, including any
obligation to disburse to Mortgagor or its designee any funds or other property on deposit with or
otherwise in the possession; control or custody of Mortgagee.
18. Riehts and Remedies Cumulative.
18. 1. The rights and remedies of Mortgagee as provided in the Note, this
Mortgage or any other Loan Document, and in the warrants attached thereto or contained therein,
shall be cumulative and concurrent, may be pursued sepazately, successively or together against
Mortgagor or against the Mortgaged Premises, or any one or more or all, at the sole discretion of
Mortgagee, and may be exercised as often as occasion therefor shall arise. The failure to exercise any
such right or remedy shall in no event be construed as a waiver or release thereof.
18.2. Any failure by Mortgagee to insist upon strict performance by
Mortgagor of any such terms and provisions of this Mortgage or of the Note or of any other Loan
Document shall not be deemed to be a waiver of any such terms or provisions, and Mortgagee shall
have the right thereafter to insist upon strict performance by Mortgagor of any and all such terms
or provisions thereof. ,
18.3. Neither Mortgagor nor any other person now or hereafter obligated for
payment of all or any part of the sums now or hereafter secured by this Mortgage shall be relieved
of such obligation by reason of the failure of Mortgagee to comply with any request of Mortgagor
or of any other person so obligated to take action to foreclose on this Mortgage or otherwise enforce
any provisions of the Mortgage or the Note or any other Loan Document, or by reason of any
agreement or stipulation between any subsequent owner of the Mortgaged Premises and Mortgagee
extending the time of payment or modifying the terms of the Mortgage or Note without first having
obtained the consent of Mortgagor or such other person; and in the latter event Mortgagor and all
such other persons shall continue to be liable to make payments according to the terms of any such
extension or modification agreement, unless expressly released and dischazged in writing by
Mortgagee.
18.4. Mortgagee may release, regardless of consideration, any part of the
D \TLL\CBNAV,ANDAU.CMG 16
BOUI(1.Jr9~PAGf A~6
security held for the indebtedness secured by this Mortgage without, as to the remainder of the
security, in any way impairing or affecting the lien of this Mortgage or its priority over any
subordinate lien.
18.5. For payment of the indebtedness secured hereby, Mortgagee may resort
to any other security therefor held by Mortgagee in such order and manner as Mortgagee may elect.
18.6. Except as otherwise permitted by law, the receipt by Mortgagee of any
sum from Mortgagor after the date on which Mortgagee elects to accelerate the indebtedness secured
hereby by reason of an Event of Default hereunder or under the Note or any other Loan Document
shall not constitute a cure or waiver of such default or a reinstatement of the Note or Mortgage or
such other Loan Document unless Mortgagee expressly agrees, by written notice to Mortgagor, that
such payment shall be accepted as a cure or waiver of the default.
19. Possession by Mortgagee. If Mortgagee shall take possession of the Mortgaged
Premises as provided herein, Mortgagee may do all or any of the following (provided-that nothing
herein contained, shall obligate Mortgagee to do any of the same): (a) hold, manage, operate, lease
and sublease the Mortgaged Premises to Mortgagor or any other person or persons, on such terms
and for such periods of time as Mortgagee may deem proper, and the provisions of any lease or
sublease made by Mortgagee pursuant hereto shall be valid and binding upon Mortgagor
notwithstanding the fact that Mortgagee's right of possession may terminate or this Mortgage may
be satisfied of record prior to the expiration of the term of any such lease; (b} make such alterations,
additions, improvements, renovations, repairs and replacements to the Mortgaged Premises as
Mortgagee may deem proper; (c) demolish any part or all of the buildings, structures or other
improvemehts on the Real Estate; (d) remodel such buildings, structures or other improvements so
as to make them available in whole or in part for any business, dwelling, multiple dwelling or other
purposes; and (e) collect the rents, issues and profits arising from the Mortgaged Premises, both past
due and thereafter becoming due, and apply the same, in order of priority as Mortgagee may
determine, to the payment of all charges and commissions incidental to the collection of rents and
the management of the Mortgaged Premises and all other sums or chazges required to be paid by
Mortgagor hereunder or under the Note. All moneys advanced by Mortgagee for the purposes
aforesaid and not repaid out of the rents collected shall immediately and without demand be repaid
by Mortgagor to Mortgagee, together with interest thereon at the Default Rate defined and set forth
in the Note, and shall be added to the principal indebtedness hereby secured. The taking of
possession and collection of rents by Mortgagee as aforesaid shall not be construed to be an
affirmation of any lease, or any part thereof, and Mortgagee or any other purchaser at any foreclosure
sale may terminate any lease either in accordance with its terms or pursuant to its right to do so by
virtue of its possession of the Mortgaged Premises.
D \TLL\CONAU.ANDAItCMG 1
0oul<~59~PacE .477
20. Waivers. The granting of an extension or extensions of time by Mortgagee with
respect to the performance of any provision of this Mortgage on the part of Mortgagor to be
performed, or the taking of any additional security, or the waiver by Mortgagee or failure by
Mortgagee to enforce any provision of this Mortgage or to declaze a default with respect thereto,
shall not operate as a waiver of any subsequent default or defaults or affect the right of Mortgagee
to exercise all rights, powers or remedies set forth herein and therein.
21. Condemnation.
21.1. Mortgagee shall be entitled to receive all sum which have been or may
be awarded Mortgagor for the taking or condemnation of the Mortgaged Premises or any part thereof
for any public orquasi-public use or purpose, and any sums which may be awazded Mortgagor for
damages caused by public works or construction on or neaz the Mortgaged Premises. All such
proceeds and awazds aze hereby assigned to Mortgagee, and Mortgagor, upon request by Mortgagee,
agrees to make, execute and deliver any additional assignments or documents which may be
necessary-from time to time to enable Mortgagee, as its option, to collect and receive the same.
Except as otherwise provided in Paragraph 5.9. hereof, which shall also apply to proceeds of
condemnation as well as insurance, Mortgagee shall have the right to retain and apply all such
proceeds and awazds, as its election, to reduction of the indebtedness secured hereby, in such order
of application as Mortgagee in its discretion shall determine, provided that interest shall be payable
only on the amount of principal outstanding at any time after application of any such proceeds.
21.2. If the amount of the initial awazd of damages for the taking or
condemnation is insufficient to pay in full the indebtedness secured hereby, with interest and other
appropriate charges and other sums secured hereby, Mortgagee shall have the right to prosecute to
final determination or settlement an appeal or other appropriate proceedings in the name of
Mortgagee or Mortgagor, for which Mortgagee is hereby appointed aftomey-in-fact for Mortgagor,
which appointment, being for security, is irrevocable. In that event, the expenses of the proceeding,
including attorneys' fees as aforesaid, shall be paid first out of the proceeds, and only the excess, if
any, paid to Mortgagee shall be credited against the amounts due under this Mortgage.
21.3. Nothing herein shall limit the rights otherwise available to Mortgagee,
at law or in equity, including the right to intervene as a party to any condemnation proceeding; and
Mortgagee is hereby expressly given the right to intervene as a party to, and otherwise participate
in, any such proceeding, to engage counsel on its behalf, and to add the reasonable attorneys' fees
of any such counsel to the amounts secured hereby.
21.4. The rights of Mortgagee under this Paragraph 22 aze under and subject
to any similar rights of any mortgagee holding a mortgage lien on the Mortgaged premises prior to
the lien hereof.
D \TLL\CBNAV.ANDAU.CMG 1
eouK4598eacE .476
22. Security Agreement.
22.1. This Mortgage constitutes a security agreement under the Pennsylvania
Uniform Commercial Code, and Mortgagor hereby grants to Mortgagee a security interest in all the
property (and the proceeds thereof) now owned or hereinafter acquired by Mortgagor and included
in the Mortgaged Premises which might otherwise be deemed "personal property", as well as a
security interest in the proceeds thereof (the "Collateral"). Mortgagor shall execute, deliver, file and
refile any financing statements, continuation statements, or other security agreements Mortgagee
may require from time to time to confirm the lien of this Mortgage with respect to the Collateral.
Without limiting the generality of the foregoing, Mortgagor hereby irrevocably appoints Mortgagee
attorney-in-fact for Mortgagor to execute, deliver and file such continuation statements for and on
behalf of Mortgagor, which appointment, being for security, is irrevocable.
22.2. In addition to any other remedies granted in this Mortgage, Mortgagee
may, upon the occurrence of an Event of Default, proceed under the Uniform Commercial Code as
to all or any part of the Collateral and will have and may exercise, with respect to the Collateral, all
rights, remedies and powers of a secured party under the Uniform Commercial Code, including,
without limitation, the right and power to sell at public or private sale or sales, or otherwise dispose
of, lease or utilize the Collateral or any parts thereof in any manner authorized or permitted under
the Uniform Commercial Code after default by a debtor, and to apply the proceeds thereof in
payment of any costs and expenses and attorney's fees and legal expenses thereby incurred by
Mortgagee, and to the payment of iridebtedness secured by this Mortgage in such order and manner
as Mortgagee may elect.
22.3. Among the rights Mortgagee shall have in the event of such default, and
without limitation of the foregoing, Mortgagee may take possession of the Collateral and enter upon
any premises where the same may be situated for such purpose without being guilty of trespassing,
and to take any action deemed necessary or appropriate or desirable by Mortgagee, at its option, to
repair, refurbish or otherwise prepare the Collateral for sale, lease or other use or disposition as
herein authorized. .
22.4. To the extent permitted by law, Mortgagor expressly waives any notice
of sale or other disposition of the Collateral and any other rights or remedies of a debtor or
formalities prescribed by law relative to a sale or disposition of the Collateral or exercise of any
other right or remedy of Mortgagee existing after default of Mortgagor hereunder; and to the extent
any such notice is required and cannot be waived, Mortgagee agrees that if such notice is mailed,
postage prepaid, to Mortgagor at its address provided herein at least ten (10) days before the time
of sale or disposition, such notice shall be deemed reasonable and shall fully satisfy any statutory
or other requirement for the giving of such notice. Upon the occurrence of an Event of Default,
Mortgagee shall have the right, at its option, to transfer at any time to itself or its nominee the
D'\TLL\CBNALLANDAU.CMG I
eauK 1598 racE ,479
Collateral or any part thereof, and to receive the moneys, income, proceeds or benefits attributable
or accruing thereto and to hold the same as security for the indebtedness or to apply it to the
principal, interest and other amounts owing on any of the indebtedness, in such order and manner
as Mortgagee may elect. All rights to mazshaling of assets of Mortgagor, including any such right
with respect to the Collateral, are hereby waived.
22.5. Mortgagee may require Mortgagor to assemble the Collateral and make
it available to Mortgagee at a place to be designated by Mortgagee that is reasonably convenient to
both parties. All expenses of retaking, holding, prepaying for sale, lease or other use, of disposition,
settling, leasing or otherwise using or disposing of the Collateral and the like which aze incurred or
paid by Mortgagee as authorized or permitted hereunder, including all attorneys' fees, legal expenses
and costs, shall be added to the indebtedness secured by this Mortgage and Mortgagor shall be liable
therefor.
23. Further Assurances. Mortgagor shall execute and deliver such further
instruments and perform such further acts as may be reasonably requested by Mortgagee from time
to time to corm the provisions of this Mortgage, the Note or any other Loan Document, to carry
out more effectively the purposes hereof or thereof, or to confirm the priority of the lien created by
this Mortgage on any property, rights or interests encumbered or intended to be encumbered by the
lien of this Mortgage or the other Loan Documents securing the Note.
24. No ffset. All sums payable by Mortgagor herein shall be paid without notice,
demand, counterclaim, set-off, deduction or defense, without abatement, suspension, deferment,
diminution, or reduction, and the- obligations and liabilities of Mortgagor hereunder shall in no way
be released, discharged or otherwise affected (except as expressly provided herein) by reason of (a)
any damage to or destruction of or any condemnation or similar taking of the Mortgaged Premises
or any part thereof; (b) any restriction or prevention of or interference with any use of the Mortgaged
Premises or any part thereof; (c) any title defect or encumbrance or any eviction from the Mortgaged
Premises or any part thereof by title, pazamouni or otherwise; (d) any bankruptcy, insolvency,
reorganization, composition, adjustment, dissolution, liquidation or other like proceeding relating
to Mortgagee, or any action taken with respect to this Mortgage by any trustee or receiver of
Mortgagee or by any court in any such proceeding; (e) any claim which Mortgagor has or might have
against Mortgagee; or (fj any other occurrences whatsoever, whether or not Mortgagor shall have
notice or knowledge of any of the foregoing. Mortgagor waives all rights now and hereafter
conferred by statute or otherwise to any abatement, suspension, deferment, diminution or reduction
of any sum secured hereby and payable by Mortgagor.
25 Miscellaneous Provisions.
D?TLL\CBNA\LANDAU.CMG 20
BOON~SgBPAGE r4B~
25.1. Mortgagee asp to Litigation. If Mortgagee shalt become a party, as
plaintiff or defendant, to any suit or legal proceeding brought by any third party affecting the lien
hereby created on the Mortgaged Premises or in any way involving Mortgagee on account of its
position as mortgagee under this Mortgage, or as payee under the Note, Mortgagor shall indemnify,
defend, and hold Mortgagee harmless from all liability by-reason of such litigation, including
reasonable attorneys' fees and expenses incurred by Mortgagee in any such litigation, whether or not
any such litigation is prosecuted to judgment. Mortgagor agrees to pay to Mortgagee on demand its
costs, expenses and reasonable attorneys' fees as aforesaid in any such suit or proceeding.
25.2. Stamps or Taxes on Mortgage or Note. Mortgagor agrees to pay the cost
of any revenue, tax. or other stamps now or hereafter required by law at any time to be affixed to this
Mortgage or the Note, or any tax directly or iridirectly on Mortgagee with respect to the Mortgaged
Premises, the value of Mortgagor's equity therein, or the indebtedness evidenced by the Note or
secured by this Mortgage, but excluding any tax on the income of Mortgagee.
25.3. Construction of Terms. The words "Mortgagor" and "Mortgagee",
whenever used herein, aze intended to and shall be construed to include the respective successors and
assigns of Mortgagor and Mortgagee.
25.4. Binding Obli al* tion. All covenants, agreements, authorizations, waivers,
releases, rights, representations and warranties contained in this Mortgage made or given by or on
behalf of Mortgagor shall be binding upon its successors in title or interest and its and their heirs,
executors, administrators, successors and assigns, whether so expressed or not, and all covenants,
agreements, authorizations, waivers, releases; rights, representations and warranties contained herein
shall inure to the benefit of Mortgagor and Mortgagee and to each of their respective successors and
assigns.
25.5. Communications. All communications required or permitted by this
Mortgage shall be in writing, whether or not a writing is expressly required hereby, and shall be sent
by Federal Express or registered or certified mail, return receipt requested, postage prepaid,
addressed as follows:
If to Mortgagor:
David E. Landau
Deborah A. Landau
4493 Lakeside Drive
Harrisburg, PA 17110
D:\TLL\CBNALLANDAU.CMG 21
BOUK~~aBPAGE .4Si.
With a copy to:
If to Mortgagee:
Community Banks, N.A.
150 Market Squaze
P. 0. Box 350
Millersburg, PA 17061
or to such other address as either party may designate from time to time by notice to the other in the
manner set forth herein. All such communications shall be deemed to be given (i) if sent by Federal
Express, on the day next following deposit thereof with Federal Express, or (ii) if mailed, on the
second business day following deposit thereof in the U.S. Mail.
25.6. Covenant Running with the Land. Any act or agreement to be done or
performed by Mortgagor shall be construed as a covenant nuuiing with the land and shall be binding
upon Mortgagor and its successors and assigns as if they had personally made such agreement.
25.7. Jurisdiction: Service of Process. Mortgagor hereby consents to the
jurisdiction of the courts of Pennsylvania and/or the United States District Court for the Middle
District of Pennsylvania in any and all actions or proceedings azising hereunder or pursuant hereto,
and 'irrevocably agrees to service of process by certified mail, return receipt requested, to its address
set forth herein or such other address as Mortgagor may direct by notice to Mortgagee.
25.8. motions. The captions preceding the text of the sections or subsections
of this Mortgage are inserted for convenience of reference only and shall not constitute a part of this
Mortgage; nor shall they in any way affect its meaning, construction or effect.
25.9. Partial Invalidity. The invalidity or unenforceability of a portion of this
Mortgage will not affect the validity or enforceability of the remainder hereof.
25.10. Maximum Interest. If Interest under this Mortgage or under the Note
should ever be in an amount that would violate any applicable laws against usury, then the interest
shall be calculated so that it is the maximum allowed by law and so that it does not violate such laws.
If Mortgagee has collected any amounts of interest which would exceed such usury limit, then
D~\TLL\CBNALL,ANDAU.CMG 22
souk 15y8 eacE .482
Mortgagee shall apply the excess collected to reduce the sums borrowed (principal) portion of the
amounts due under the Note.
25.11. Governing Law. This Mortgage shall be governed by and construed
in accordance with the laws of the Commonwealth of Pennsylvania.
25. I2. Modifications. Neither this Mortgage nor the Note nor any other Loan
Document shall be modified, amended or otherwise changed except by agreement in writing between
Mortgagee and Mortgagor.
26. Receipt of Document. Mortgagor hereby acknowledges receipt of a true and
correct copy of the Mortgage at no charge.
27. Defeasance. If Mortgagor shall and does pay to Mortgagee the full principal
amount of the indebtedness secured hereby, together with all interest accrued thereon, and keeps all
the other covenants and agreements contained herein, in the Note and in each of the outer Loan
Documents, all in the manner and at the times set forth herein or in the Note, and if Mortgagor shall
also pay all satisfaction costs, including, but not limited to, reasonable attorneys' fees and the cost
of recording of a discharge of this Mortgage, then and from thenceforth this Mortgage and the estate
hereby created, granted, transferred and assigned shall. cease and become void.
IN WITNESS WI IEREOF, Mortgagor has caused this Mortgage to be duly executed
and delivered on the date first above written.
r-~ .,-
~~ ;
,: ~, ,
<J
D1TLUC8NAILANDAU CMG
23
aooK 1598 PacE ..483
DEBORAH A. LANDAU, Individually
~{
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF C- ~-I ~` ' 3 CAL ,~,t1/J
On this th day of ~P +~J~Cv'~~, 2000, before me a Notary Public, the
undersigned officer, personally appeazed DAVID E~-LANDAU and DEBORAH A. LANDAU,
husband and wife, known to me (or satisfactorily proven) to be the persons whose names aze
subscribed to the within instrument, and acknowledged that they executed the same for the purpose
therein contained.
1N WITNESS
WHEREOF, I have hereunto- set my hand and official seal.
,,
r,,
Notary Public
_„ . s Pnns~~lvania 1
Ci Cumoer!and
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k-;d ; - btr!end Count
.n ~~_+io1._Page~~
,prrrv ;?wn ~sesl of o i
Carlisle, PA,tt~is~dayj-~ . 6U
D9TLL\CBNA\LANDAU.CMG
My Commission Ex fires:
(SEAL) Notarial Seai
Tina M. Monglelb, Notary Publio
tower Allen Twp., Cumberland County
My Commissbn Expires Nov. 5, 200
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90UKiJ98PAGE .484
ACT 91 NOTICE
TAKE ACTION TO SAVE
SOUR HOME FROM
FORECLOSURE
July 19, 2001
David E Landau
4493 Lakeside Drive
Harrisburg, PA 17110
Deborah A Landau
4493 Lakeside Drive
Hamsburg, PA 17110
This is an
foreclose Specific information about the nature of the default is provided in the attached Qages.
when you meet the Counseling Apenck
The name. address and phone number of the Consumer Credit Counseling Agencies servingyour
County are listed at the end of this Notice. If you have any questions. you may call the
Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired
heari~ can call (717) 780-18691.
This Notice contains important legal information.. IF you have any questions, representatives at the
Consumer Credit Counseling Agency may be able to help explain it. You may also want to
contact an attorney in your area. The local baz association maybe able to help you find a lawyer.
LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PLIES AFECTA SU DERECHO A
CONTINUAR VINIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION
OBTENGA UNA TRADUCCION INMEDIT AMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA
HOUSING FINANCE AGENDY) SI CARGOS AL NUMERO MENCIONADO ARRIBA, PUEDES SER
ELEGIBLE PARR UN PREST AMO POR EL PROBRAMA LLAMADO "HOMEOWNER'S EMERGENCY
MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU DASA DE LA BERDIDA DEL
DERECHO A REDIMAR SU HIPOTECA.
STATEMENTS OF POLICY
HOMEOWNERS NAME(S) David E & Deborah A Landau
PROPERTY ADDRESS: 4493 Lakeside Drive Harrisburg PA 17110
LOAN ACCT N0: 2-45001070
ORIGIANL LENDER: Community Banks, N.A.
CURRENT LENDER/SERVICER: Community Banks, N. A.
L~OM~!,O~~NER`S fJI~~LRGIINC~' l~~(G12TGAGE
ASSZSTANC~ PI.ZOGI2AM
FOR f[NANC[AL ASSCS'I'AN(_I~; ~t~[I( .Et 'AN SAVE POUR E[OM[s R20M
[~ORr .LOS[JRr AND 1[F.t,t' 1'OU IvIAKtr, I? 1'I~JRI's MOR"I•C~AGh. I'AYMfNT~ 1'Q~
MAY BI's rC,IGIt3LE.
f[' YOU COMPLY WITCi TJE PROV[S[ONS OF 1-HE fiOMEOWNER'S EMERGENCY
MORTGAGE: ASS[STANCG ACT OP f983 ('['HE ACT), YOU MA1' BE EL(G[BLE FOR
L'ME[LGENCY MORTGAGG r\SS[S'['ANCG:
[E YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES
BEYOND YOUR CONTROL.
[F YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO
PAY YOUR MORTGAGE PAYMENTS, AND
IF YOU MEET OTHER ELIG[E3ILIT1' REQUIREMENTS
ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY.
TEMPORARY STAY OF FORECLOSURE -Under the Act, you aze entitled to a temporary
stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During,
that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit
counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR
Wf'I'I[Ii\' TFiE NE}~T (30I DAZ'S. IF YOU DO NOT APP( 1' FOR EMERGENCY
!.40121-G SGE ASSISTANCE YO[I MUS-I' BRING POUR AiOP.TGAGE UP TO DATE
THE F'_ART_OFTHI~N9TICE CALL_L•n `f!9_W TO CURL 1'O[JR MORT~AGL DL-FAUL'I"~,
E~ P1 AINS HOW TO BRING YOU12 MORTGAGE UP TO DATE
CONStfi•4ER CRED['[' COUNS[?L[NG riGGNC[GS - [f you n[cct with oa of the consumer
credit cuunscting agency listed a[ the ax[ oC [his notice, the [ender may NOT take action against
you for thirty (30) days aRcr tttc date of this mcetin,. The nam •s addressed end telephone
ni!ull.~r_ c?I_ct~sinnn[cct contiitmcr cre_dit_~t[icli;t; iiLjC(ICICS-[~[ (:I_l• COlifltY In \t'hlch the j~t-o{,ct tv
[ lyi, t'_iii 1t~ sent Co[th ~tl tl~, =.,nii c_f lhi \ .n{~ . It i; unl~ m ..:,t.v to sclzedulc i,;w lac[-[~t l,i~:~
ntceung. Advise your h;uetcc im~ni:ifiatcly, cat nni uucnuons
APPL.ICATI(1N R(~R MnRTCA E ASSISTAIV ~ E- Your mortgage is in default. for the
reasons set forth later in this Notice ('see following pages for specifo >nforinatton about:lhe nature
of your default.) iCyou have tried :vui arc unable to resolve this problem with the (finder, you
have the riglu to appl}' for financial assistance from the l iomcowner's Lmcrgeucy Mortgage
Assistance Program. ~l'o do so, }'ou (nUSt [lIl OUI, ti[t~'R a[iLl (ilC a completed E{o[itcowncrS
Gmergcncy Assistance Program Application with one of the designated conswner credit
counseling agenc[cs listed at_the end of this Notice. Only consumer credit counseling agencies
have the applications for the program and they will assist you in submitting a complete
application. to I'cnnsylvauia !lousing I'inanec Agcnc}'. four Application MUST be filed or
poslmarkec! ~e'ilhin lhirt}' (3U) da}'s of your face-to-face mecfin~. 1'OU MUST FFL!'s POUR
AI'!'L[C:A'I'(ON E'(ZO\4[''fLY. IF' 1'OlJ FA(L "I'O DO SO OR IF YOU DO NOT'
hOLLOW'1'EI(; O"['t[(3R "I'[MG l'ISRIODS SIs"[' [<Ott'I'(I [N TH[S LC"I~TG2,
FORECLOSURE MAY FROGGED AGAINST YOUR C{OMG IMMGDIAT'GLY ANU
l'OUE2 AFE'LCCATION FOR MbRTCAGG ASSISTANCE WILL [3E DGN[GD.
AGENCY ACTION -Available funds For emergency mortgage assistance aze very limited. They
wilt be disbursed by the Agency under the eligibility criteria established by the ACT. The
Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives
your application. Duri¢g that time no foreclosure proceedings will be pursued against you if you
have met the time requirements set forth above. You wilt be notified directly by the
Pennsylvania Housing Finance Agency of its decision on your application.
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF
A PETITION IN BANKRUPTCY, TI{E FOLLOWING PART
OF TIiIS NOTICE IS FOR CNFORR'IATION PURPOSES
ONLY AND SCIOU[,D NO"I' 13Is CONSIDERED AN ATTEA4PT
('O COLLh_C'~I' CE([~: DEBT'.
(lf you have filed bankruptcy you can still apply For Emergency \'tortgage Assistance.)
HOW TO CURE YOUR MORTGAGE DEFAULT rin it u to date
NATURE OF THE DEFAULT- The MORTGAGE debit held by the above lender on your
property located at: 4493 Lakeside Drive Harrisburg, PA 17110
Cumberland Co. Book # 1598 pgs 459-484 Dauphin Co. Book #3640 pgs 238-
263
SERIOUSLY IN DEFAULT because:
YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the
following amounts are now past due:
March 2001 to July 2001
INTEREST: $ 23,516.86
PRINCIPLE: $ 5,633.22
LATE CHARGES: $ 4,643.47
ESCROW:$0
DELINQUENT TAXES $7,293.49
TOTAL AMOUNT PAST DUE : $ 41,087.08
HOW TO CURE THE DEFAULT: You may cure the default within THIRTY (30) DAYS of the date
of the Notice. BY PAYING THE TOTAL AMOUNT PAST-DUE TO THE LENDER, WHICH IS
$ 41 87.08, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME
DUE bURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashiers
check or money order made payable and sent to:
COMMUNITY BANKS, N.A.
P. 0. BOX R
HALIFAX , PA. 17032
ATTENTION: COLLECTIONS DEPARTMENT
You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of
this letter.
IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS
of the date of this Notice, the lender intends to excerise its rights to accelerate the mort¢aee debt. This
means that the entire outstanding balance of this debt will be considered due immediately and you may
lose the chance to pay the mortgage in monthly installments. If full payments of the total amount past due
is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorney to start legal action
to foreclose upon vour morteaged oropertv.
4
O1'{[F,R L1sn'DER RGt14GDE1sS - ~fhc tcndcr Wray also sue you pa'sonally for the unpaid
balance and all other cams due under the mortgage.
RIGCCI'"['O C[JRE'fHF, I)Gt•AULT FRIOR TO S[{I'sR[FP'S SALCs - lfyouu have not cured
the default within the "1'f{!Rl'1' (30) DAY period and forcclosurc proceedings have begun, }
still have tltc ri[~ht [o cure the dcfiuill and ni~.~~ciit the sale al t~~t}~. time up to one hour before the
.'hcriffe~;rl~. l'ou may c_~~q ~y~~~yi~l [hr., t4t;tl amount thcr~i;tst dur.- f lue anv Istic oc. tfrrr
pcrforminG anv other requirements under the morteagc_ Curing your default in ttte nianncr
set forUr in this notice will restore }roar mortgage toe (he same position as if you had never
defaulted.
EARLIEST E'OSSIBLE SHERIFF'S SALE DATE-- It is estimated that the earliest date that
such a Sheriffs Sale of the mortgaged property could be held would be approximately
months from the date of Phis Notice. A aotice of the actual date ofthe Sheriffs Sale wilt be
sent to you before the sale. Of course, the amount needed to cure the default wilt increase the
lohger you wait. You may find out at any time exactly when the required payment or action will
be by contracting the tcndcr. _
E{Ow TO CONTACT "T'[{E LEN'DER'
Name of Lender: COMMUN[TY BANKS, N. A.
Address: 150 Market Square
~~4illcrsburg, Pa. 17061
I'hnncNumbct ll7-(i92-471;1
500->}I-8362
P',n Number 71 7-692-2972
t'ontact l'orso^ fill 13cnncr_- C'.ollrclion> Dcp;u'un.n~
[? E~ FG ."I_Qr .S[(F,[2[PF'S RAI,P: - Yo« should realize Qtat a Sheriff's Sa[c wilt end your
ownership oC the nuutgagcd property and your right to occupy it. [you continue (o live in the
property aRer (hc SltcriCt~s_Salc, a la~as«i( (o rcmo~ro }you and your furnishings and outer
belongings could be started by tE)c lender at any time.
ASSUMPTION OF MO[2T~AGG- You_ may or ~ may not (check one) sell or
(rutsCcr your tonne to a buyer or trutsicrcc who will atiSUniC LhC ^lOt'tgagC debt, pCO~'Ided that all
tl«: outstanding paynteu(s, charges and attorney's fees and costs arc [iaid Ixior to or at the sale anc(
(hat the other requirentcnts oC Qtc mortgage are satisfied.
YOU MA1' AI SO F{AV[~ TE{[~ RIGHT•
TO SELL T[iC: PROPERTY TO OB'I'A[N AQONEY "('0 ['AY OFF TEES MORTGAGE
DEBT' OR "f0 BORROW MONEY FROM ANOT[~[EIZ LENDING CNSTCFUT[ON TO
PAY OFF THE DEBT.
TO HAVE THIS DEBT CURED BY A.NY THIRD PARTY ACTING ON YOUR
BEHALF.
TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO
DEFAULT HAD OCCURRED, [F YOU CURE THE DEFAULT . (HOWEVER, YOU
DO NOT HAVE THE RIGHT TO CURE YOUR DEFAULT MORL THAt~THREE
TIMES IN ONE CALENDAR YEAR.)
TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE
PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE
MORTGAGE DOCUMENTS.
TO :1SSF:R[ AN1' OTHGK DGPGNSE YOU Bf~:L((:l'[: 1'OU;~~tAl' fGl~'E i'0 SEICf[
ACEIO~\~ f31' CfiG LE:Ni)(?R.
TO SEEK PROTECTION UNllER "CHE FEDEf2AL BANKRUPTCI' LAtiV.
CO[~'SU~~4FE2 CRGDE"C COUP\'SGL[c!'G AGF~NL'[[~S S[~ R~`[~!'C POUR COUR'`I'I'
C'onaumer Credit Counseling Agencv
Notification
G
Nantc of Nfortgagccs----- _-.- - - _
Address:
[n accordance with the Pcnnslvania [{otitcowncr's E~cncrgcncy Mortgage Assistahcc ['rogram
(Act 9 i of 1983), we have been approached for mortgage counseling assistance by:
Address of property on which mortgage is in default,
if different from above.
The counseling agency met with the above named applicant on
Date
who have indicated that they are more than sixty (60) days delinquent on their mortgage payments
and have received notification of intention to foreclose from
Name and r\ddress oC h4ntt~<tgct
in accordance with the Homeownc_r's Emergency tv(ortgagc Assistance Program, this is to inform
vpu ghat; ~ -
I. (Elbe deliuqucncy cannot be resDived within the 30 dnv forbearance pcriod as provided by law,
!ftc. applicant fisted abo~~c may apply to the Pennsylvania E{Dosing Finance Agency for
l[omcowrter's fintergcncy Mortgage rlssistanca.
?. Ei} a copy of this Notice, we arc notifying ali other moctgagces, if any, which the appiicant has
ind~~':u::d a, also having a mirtgaec on tl;~ propcrt~ ictcutiiiai ah++~c.
It a our undcrs[an<ling tiuu the ,(1 day ii,rbc;u'ancc penini ~,. ~.~ inch ~cc arc tto~c in cncis on
,~~„ ~_;,~;tl action to enforce the m~uta,~c: nuty occur clur;ne !his forttcaranCe pcriod, unless
.... .~nr.: loot. -..~.. :. ~ .,.~.~~ i,~. ,~; ~ . ,.:.+:~.t;a
nAf1AHIIY~COUN7~Y
CCCS of Wcstcrn Pcnnsyt~ anin, Inc.
2000 Linglcsto~m Road
[{arrisburg, E'A 17102
(717) 541-1757
FAX (717) 54I-4670
Conununity Aclion Commission
of ttic Capital Rcgion
l S l4 Ih-rry Strect
L{arrisburg PA 17104
(7(7)232-9757
FAX (717) 234-2227
Urban Lcaguc of Metropolitan Hazrisburg
2 {07 1V. Gth Strcct
[{amsbur~, PA 1710!
(717) 234-5925
FAX (717) 234.9459
COLUMBIA COUNTY
31 W. Market Street
P.0. Box 1127
Wtlkes-Barre. PA 18702
(570) 821-0837 OR 1-800-922-9537
FAX (570) 821-1785
CCCS of Norrtieastem Penn~ivania
_~~.. it ::~1J i3'.r^_ -
1400 Abington Executive Paris
Suite 1
ClarksSumrtdtt. PA I8411 -_ ._ ~::'.CyZi~:`+
(570) 587-9163 ar 800-922-9537
FAX (570) 587-9134/9135
Commission an Economics Opportunity'
of Luzerne County
163 Amber Iane
Wilkes-Barre. PA 18702
(570) 826-0510 OR 1-800-822-0359
FAX (570) 829-1665--CALL BEFORE FAXING
(570) 455-4994IiAZELTON
FAX (570) 455-5631--CALL BEFORE FAXING
(570) 836-4090 TUNKHANNOCK
CRAWFORD COUNTY
Booker T. Wazhington Center
1720 Holland Street
Erie, PA 16503
(SI4j 453-5744
FAX (814) 453-5749
Jahn F. Kennedy Center. Inc.
ZOZI East 20th Street
Ede. PA 16510
(814) 898-0400
FAX (814) 898-1243
CUMBERLAND COUIJTY
CCCS of Western Pennsylvartia, Inc.
2000 Linglestown Road
Harrisburg, PA 17102
(717) 541-1757
FAX (717) 541-4670
Urban League of Metropolitan Harrisburg
N. 6th Street
Harrisburg, PA 17101
(717) 234.5925
FAX (717) 234-9459
Greater Erle Community Action Committee
t8 West 9th Stree[
Ede, PA 16501
(814j 459-4581
FAX (814) 956-0161
Shenango Valley Urban League. Inc.
601 Indiana Avenue
Farrell, PA 16121
(412) 981-5310
Financial Counseling Services of Franklin
31 West 3rd Street
Waynesboro. PA 17268
(717) 762-3285
YWCA of Carlisle
301 G Street
Carlisle. PA 17013
(717) 243-3818
FAX (717) 731-9589
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COMMUNITY BANKS, N.A.,
Plaintiff
vs.
DAVID E. LANDAU and DEBORAH A.
LANDAU,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
NO. O1-5275-Civil
PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT
TO THE. PROTHONOTARY:
PLEASE enter judgment in default in favor of Plaintiff, Community Banks,
N.A., and against Defendants David E. Landau and Deborah A. Landau for failure
to plead to the Complaint in this action within the required time. The Complaint
contains a notice to defend within twenty days from the date of service thereof.
Defendants were served with the Complaint on September 26, 2001. Their answer
was therefore due to be filed on or before October 16, 2001.
Attached as Exhibit "A" are copies of Plaintiffs written notice of intention to
file Praecipe for Entry of Default Judgment, which I certify was mailed by regular
mail to Defendants on October 24, 2001, which is at least ten days prior to the filing
of this Praecipe.
Please enter judgment against Defendants, jointly and severally, in the
amount of $703,184.64, plus interest at the per diem rate of $195.49, plus late fees, all
costs of collection and all costs of suit and attorneys' fees as provided in the
Promissory Note and the Mortgage and Security Agreement and as allowed by law;
directing foreclosure and sale of the mortgaged property identified therein as Tax
Parcel No. 10-21-0275-151; and awarding Community Banks, N.A., such other relief
as is just under the circumstances.
Respectfully submitted,
METTE, EVAN5 & WOODSIDE
By:
u ~ . Beneventano, Esquire
up. Ct. I.D. #43107
3401 North Front Street
P.O. Box 5950
Harrisburg, PA 17110-0950
(717)232-5000
Attorneys for Plaintiff,
Community Banks, N.A.
Date: November 7, 2001
z~7asa
VERIFICATION
I, Jeffrey S. Fagan, state that I hold the title of Regional President at
Community Banks> N.A., the Plaintiff in the above-captioned action, that I am
authorized to make this Verification on its behalf, and that the facts set forth in the
foregoing document are true and correct to the best of my knowledge, information
and belief.
I understand that my statements are made subject to the penalties of
18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities.
COMMUNITY BANKS, N.A.
Jeffrey . Fa
Regional President
Date: `\ 1`~ C~ ~
METTE, EVA10'~ .~ ~p®03D~YI3E
A PROFESSIONAL OORPORATION
ATTORNEYS AT LAW
3401 NORTH H'RONT STREET
P.O. B08 5850
Ho RRTCg[JjjO. PA 17110.0950
GUY P. BENEVENTANO nxE Na
s3•isaspos
T~.EraoNE sAx
(7171 E94-5000 17171 s38-1818
http:!/www.matte.cam
October 24, 2001
David E. Landau
4493 Lakeside Drive
Harrisburg, PA 17110
Re: Community Banks, N.A. v. David E. Landau and Deborah A.
Landau 2814.272
Docket No. 01-5275
-Dear Mr. Landau:
Enclosed please find a Notice of Default sent to you by Community Banks in
connection with the above-captioned civil action.
Very truly yours,
uy P. Beneventano
GPB:gIs
Enclosure
ztsizs
COMMUNITY BANKS, N.A., IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. CIVIL ACTION -LAW
DAVID E. LANDAU and DEBORAH A. NO. O1-5275
LANDAU,
Defendants
IMPORTANT NOTICE
TO: David E. Landau
4493 Lakeside Drive
Harrisburg, PA 17110
Date of Notice: October 24, 2001
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE
ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN
(10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE
ENTERED AGAINST YOU WITHOUT AHEARINGAND-YOU MAY LOSE YOUR
PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS
NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR
CANNOT AFFORD ONE, GO TO' OR TELEPHONE THE FOLLOWING OFFICE
TO FIND OUT WHERE YOU CAN GET LEGAL HELP:
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717)249-3166
(800)990-9108
METTE, EVANS AND WOODSIDE
By:
P. Beneventano, Esquire
3401 North Front Street
P. O. Box 5950
Harrisburg, PA 17110-0950
(717)232-5000
Attorneys for Plaintiff
Community Banks, N.A.
Date: October 24, 2001
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METTE, EVANS F3c 3~'®®ID~uIIDE
A PROH'S9ffiONAL CORPORATION
ATTORNEYS AT LAW
3401 NORTH FRONT STREET
P.O. BO% 5850
HARRISBiJRO. PA 17LL0.0960
GUY P. BENEYENTANO
II2S N0.
23.1985006
TELEPHONE FA%
(7171 232.5000 1717) 23&1818
http://www.matta.com
October 24, 2001
Deborah A. Landau
4493 Lakeside Drive
Harrisburg, PA 17110
Re: Community Banks, N.A. v. David E. Landau and Deborah A.
Landau 2814.272
Docket No. 01-5275
Dear Ms. Landau:
Enclosed please find a Notice of Default sent to you by Community Banks in
connection with the above-captioned civil action.
Very truly yours,
. ~/~
/L~uy P. Beneventano
GPB:gIs
Enclosure
zzsizs
COMMUNITY BANKS, N.A.,
Plaintiff
vs.
DAVID E. LANDAU and DEBORAH A.
LANDAU,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
NO.Ol-5275
IMPORTANT NOTICE
TO: Deborah A: Landau
4493 Lakeside Drive
Harrisburg, PA 17110
Date of Notice: October 24, 2001
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE
ACTION RE@UIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN
(10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAYBE
ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR
PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS
NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR
CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE
TO FIND OUT WHERE YOU CAN GET LEGAL HELP:
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
(800)990-9108
METTE, EVANS AND WOODSIDE
By:
/~ y P. Beneventano, Esquire
3401 North Front Street
P. O. Box 5950
Harrisburg, PA 17110-0950
(717) 232-5000
Attorneys for Plaintiff
Community Banks, N.A.
Date: October 24, 2001
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COMMUNITY BANKS, N.A.,
Plaintiff
vs.
DAVID E. LANDAU and DEBORAH A.
LANDAU,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
NO. O1-5275-Civil
CERTIFICATE OF SERVICE
I hereby certify that I am this day serving a copy of the foregoing document
upon the person(s) and in the manner indicated below, which service satisfies the
requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of
same in the United States Mail, Harrisburg, Pennsylvania, First Class Mail, postage
prepaid, as follows:
David E. Landau
4493 Lakeside Drive
Harrisburg, PA 17110
Deborah A. Landau
4493 Lakeside Drive
Harrisburg, PA 17110
Richard S. Friedman, Esquire
Friedman & King
600 North Second Street, 5"'Floor
P.O. Box 984
Harrisburg, PA 17108
METTE, EVANS & WOOD5IDE
By:
uy eneventano, Esquire
up. Ct. I.D. #43107
3401 North Front Street
P.O. Box 5950
Harrisburg, PA 17110-0950
Attorneys for Plaintiff
Community Banks, N.A.
Date: November 7, 2001
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COMMUNITY BANKS, N.A.,
Plaintiff
vs.
DAVID E. LANDAU and DEBORAH A.
LANDAU,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
NO. O1-5275-Civil
AFFIDAVIT OF DEFENDANT'S LAST KNOWN ADDRESS
AND VERIFICATION OF NON-MILITARY SERS~ICE
I, Jeffrey S. Fagan, being duly sworn according to law, depose and say that:
I hold the title of Regional President at Community Banks, N.A., the
Plaintiff in this action, and I am authorized to make this Affidavit on its behalf.
2. Defendant is Deborah A. Landau, an adult individual.
3. The address of the Defendant is 4493 Lakeside Drive, Harrisburg,
Pennsylvania 17110.
4. To the best of my knowledge, information and belief, Defendant is not
in the military service of the United States, nor any state or territory thereof, or its
allies as defined in the Solider's and Sailor's Civil Relief Act of 1940, as amended.
IN WITNESS WHEREOF, I hereunto set my hand and seal this7~day of
November, 2001.
JEF S. A AN, Regional President
Community Banks, N.A.
t I l l _- _[
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
SS.
On this ~ ~"" day of November, 2001, before me, the subscriber, a Notary
Public in and for the Commonwealth of Pennsylvania, personally appeared Guy P.
Beneventano, Esquire, who being duly sworn according to law says that he was
personally present at the execution of the foregoing instrument and he
acknowledged that the said instrument was duly executed by Jeffrey S. Fagan, for
purposes therein contained and in the capacity therein stated, and that the name of
this deponent and of said Jeffrey S. Fagan subscribed to the said instrument are of
their respective handwritings.
/> ~i~~
y P. Beneventano, Esquire
Sworn to and subscribed before me
this ~ day of fl~a„<.,„ 1.,,-- , 2001.
WITNESS my hand and Notarial Seal
the day and year aforesaid.
Notarial Sc-al Put:!ic ~
Melisa M. Lucas, Notary .
Harrisburg, Dauphin Coun'.y #
My Commission Expires Oct. 1 ~,_~=-~ n
Memo2r, PennsyfdaniaPSSUCaaticnui +G -.,°°
COMMUNITY BANKS, N.A.,
Plaintiff
vs.
DAVID E. LANDAU and DEBORAH A.
LANDAU,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
NO. O1-5275-Civil
AFFIDAVIT OF DEFENDANT'S LAST KNOWN ADDRESS
AND VERIFICATION OF NON-MILITARY SERVICE
I, Jeffrey S. Fagan, being duly sworn according to law, depose and say that:
I hold the title of Regional President at Community Banks, N.A., the
Plaintiff in this action, and I am authorized to make this Affidavit on its behalf.
2. Defendant is David E. Landau, an adult individual.
3. The address of the Defendant is 4493 Lakeside Drive, Harrisburg,
Pennsylvania 17110.
4. To the best of my knowledge, information and belief, Defendant is not
in the military service of the United States, nor any state or territory thereof, or its
allies as defined in the Solider's and Sailor's Civil Relief Act of 1940, as ame ded.
IN WITNESS WHEREOF, I hereunto set my hand and seal this 7~day of
November, 2001.
~~
JEF R S. AN, Regional President
Community Banks, N.A.
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
SS.
On this 7~~'day of November, 2001, before me, the subscriber, a Notary
Public in and for the Commonwealth of Pennsylvania, personally appeared Guy P.
Beneventano, Esquire, who being duly sworn according to law says that he was
personally present at the execution of the foregoing instrument and he
acknowledged that the said instrument was duly executed by Jeffrey S. Fagan, for
purposes therein contained and in the capacity therein stated, and that the name of
this deponent and of said Jeffrey S. Fagan subscribed to the said instrument are of
their respective handwritings.
~~~ /J~
G y~ ~ P. Beneventano, Esquire
Sworn to and subscribed before me
this day of avow-~.~~~ , 2001.
WITNESS my hand and Notarial Seal
the day~an-d-,year afor/e~said.
Notarial Seal
Meiisa M. Lucas, Rlotary Public
Harrisburg, Dauphin County
My Commission Exp+.res Oci. 93, 2043
Member, PennsylvanlaASSOC+a:ionof ~3uta; ies
°==ease - bVk< 9~Yxuli#~ti>v~4`c w£k .-•'rM:i ~ vd~•»ht;sti"~ . •. ..r
COMMUNITY BANKS, N.A.,
Plaintiff
vs.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
DAVID E. LANDAU and DEBORAH A.
LANDAU,
Defendants
NO. O1-5275-Civil
NOTICE OF ENTRY OF DEFAULT JUDGMENT
TO: DAVID E. LANDAU
YOU ARE HEREBY notified that on `2~ ~ _ 7 , 2001, the following
judgment was entered against you in the above-captioned case.
Judgment against Defendants David E. Landau and Deborah A. Landau,
jointly and severally, in the amount of $703,184.64, plus interest at the per
diem rate of $195.49, plus late fees, all costs of collection and all costs of suit
and attorneys' fees as provided in the Promissory Note and the Mortgage
and Security Agreement and as allowed by law; directing foreclosure and
sale of the mortgaged property identified therein as Tax Parcel No. 10-21-
0275-151; and awarding Community Banks, N.A., such other relief as is just
under the circumstances.
Date: '-`7-'~ 6 t
Prothonotary
I hereby certify that the name and address of the proper persons to receive this
Notice are:
David E. Landau
4493 Lakeside Drive
Harrisburg, PA 17110
Por este medio se le esta notificando que el _, de , 2001, el/la
siguiente (orden), (Decreto), (Fallo) ha sido anotado en contra suya en el caso
mencionado en el epigrafe.
David E. Landau
4493 Lakeside Drive
Harrisburg, PA 17110
FECHA:
Protonotario
Certffico que la siguiente direction es la del defendido/a segun indicada en el
certificado de residencia:
Abogado del Demandante
COMMUNITY BANKS, N.A.,
Plaintiff
vs.
DAVID E. LANDAU and DEBORAH A.
LANDAU,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
NO. O1-5275-Civil
NOTICE OF ENTRY OF DEFAULT JUDGMENT
TO: DEBORAH A. LANDAU
YOU ARE HEREBY notified that on ~~ '7 , 2001, the following
6
judgment was entered against you in the above-captioned case.
Judgment against Defendants David E. Landau and Deborah A. Landau,
jointly and severally, in the amount of $703,184.64, plus interest at the per
diem rate of $195.49, plus late fees, all costs of collection and all costs of suit
and attorneys' fees as provided in the Promissory Note and the Mortgage
and Security Agreement and as allowed by law; directing foreclosure and
sale of the mortgaged property identified therein as Tax Parcel No. 10-21-
0275-151; and awarding Community Banks, N.A., such other relief as is just
under the circumstances.
Date: ~~~? IO f
.~
Prothonotary
I hereby certify that the name and address of the proper persons to receive this
Notice are:
Deborah A. Landau
4493 Lakeside Drive
Harrisburg, PA 17110
Por este medio se le esta notificando que el _, de , 2001, el/la
siguiente (orden), (Decreto), (Fallo) ha lido anotado en contra suya en el caso
mencionado en el epigrafe.
Deborah A. Landau
4493 Lakeside Drive
Harrisburg, PA 17110
FECHA:
Protonotario
Certifico que la siguiente direccion es la del defendido/a segun indicada en el
certificado de residencia:
Abogado del Demandante
~ II
SHERIFF'S RETURN - OUT OF COUNTY
CASE N0: 2001-05275 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
COMMUNITY BANKS N A
VS
LANDAU DAVID E ET AL
R. Thomas Kline Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT to wit:
LANDAU DEBORAH A
but was unable to locate Her in his bailiwick. He therefore
deputized the sheriff of DAUPHIN County, Pennsylvania, to
serve the within COMPLAINT - MORT FORE
On September 28th 2001 this office was in receipt of the
attached return from DAUPHIN
Sheriff's Costs: So answers•
Docketing 6.00
Out of County .00
Surcharge 10.00 R. T omas Kline
.00 Sheriff of Cumberland County
.00
16.00
09/28/2001
METTE EVANS & WOODSIDE
Sworn and subscribed to before me
this ~ ~ day of (~,~ _,
A.D.
~' - ~_.
Prothonota~r
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2001-05275 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
COMMUNITY BANKS N A
VS
LANDAU DAVID E ET AL
R. Thomas Kline Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT to wit:
LANDAU DAVID E
but was unable to locate Him in his bailiwick. He therefore
deputized the sheriff of DAUPHIN County, Pennsylvania, to
serve the within COMPLAINT - MORT FORE
On September 28th 2001 this office was in receipt of the
attached return from DAUPHIN
Sheriff's Costs: So answ `~~ .-----
Docketing 18.00 ~
Out of County 9.00
Surcharge 10.00 R. Thomas Kline
Dep Dauphin Co 35.25 Sheriff of Cumberland County
.00
72.25
09/28/2001
METTE EVANS & WOODSIDE
Sworn and subscribed to before me
this y ~ day of (~e,~~
~.A~ ~ 2 ~ ®~ dill
ProthonoE,a y
Mary Jane Snyder
Real Estate DepuTy
William T. Tully
Solicitor
Dauphin County
Harrisburg, Pennsylvania 17101
ph: (717)255-2660 fax: (717)255-2889
Jack Lotwick
Sheriff
Commonwealth of Pennsylvania
County of Dauphin
COMMUNITY BANKS
vs
LANDAU DAVID E
Sheriff's Return
No. 2646-T - - -2001
OTHER COUNTY N0. 01-5275
J. Daniel Basile
Chief Deputy
Michael W. Rinehart
Assistant Clrief Deputy
AND NOW: September 26, 2001 at 2:02PM served the within
COMPLAINT IN MORTGAGE FORECLOSURE upon
LANDAU DAVID E by personally handing
to HIM 1 true attested copy(ies)
of the original COMPLAINT IN MORTGAGE FORECLOSURE and making known
to him/her the contents thereof at DAUPHIN COUNTY SHERIFF'S OFFICE, RM. 104
FRONT & MARKET STS.
HBG, PA 17101-0000
Sworn and subscribed to
before me this 26TH day of SEPTEMBER, 2001
~~ .
PROTHONOTARY
So Answers,
`~°1~~~.
Sheriff of Dauphin County, Pa.
By
Deputy She~ff
Sheriff's Costs: 535.25 PD 09/17/2001
RCPT NO 154234
(~~~t~Q ~~ ~e ~S~rPxt~f
STUMP
~. ,..
Mary Jane Snyder
Real Estate Depu[y
William T. Tully
Solicitor
Dauphin County
Harrisburg, Pennsylvania 17101
ph: (717)255-2660 fax: (717)255-28&9
Jack Lotwick
Sheriff
Commonwealth of Pennsylvania
County of Dauphin
COMMUNITY BANKS
LANDAU DAVID E
Sheriff's Return
vs
No. 2646-T - - -2001
OTHER COUNTY N0. O1-5275
J. Daniel Basile
Chief Deputy
Michael W. Rinehart
Assistant Chief DepuTy
AND NOW: September 26, 2001 at 10:40AM served the within
COMPLAINT IN MORTGAGE FORECLOSURE upon
LANDAU DEBORAH A by personally handing
to HER 1 true attested copy(ies)
of the original COMPLAINT IN MORTGAGE FORECLOSURE and making known
to him/her the contents thereof at DAUPHIN COUNTY SHERIFF'S OFFICE, RM 104
FRONT & MARKET STS.
HBG, PA 17110-0000
Sworn and subscribed to
before me this 26TH day of SEPTEMBER, 2001
0
PROTHONOTARY
So Answers,
~~°~~
Sheriff of Dauphin County, Pa.
By
Deputy She i f
Sheriff's Costs: $35.25 PD 09/17/2001
RCPT NO 154234
(1~~~~~Q ~~ e ~~~xt~f
STUMP
In Tlae Court of Common Pleas of Cumberland County, Pennsylvania
Cmaminity Banks
VS.
David E. Landau et al
SERVE: Deborah A. Landau
No. O1 5275 civil
Now, September 10, 2001 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of Daup11~-n County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
,~''
Sheriff of Cumberland County, PA
Affidavit ®f Service
Now,
within
upon
at
by handing to
a
and made known to
copy of the original
the contents thereof.
So answers,
Sheriff of
Sworn. and subscribed before
me this day of , 20
20, at o'clock M. served the
COSTS
SERVICE $
MILEAGE
AFFIDAVIT
County, PA
Now, septeinber 10, 2001 , I, SHERIFF OF CI.JMMBERL.AND COUNTY, PE1, do
hereby deputize the Sheriff of Dauphin County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
.Sheriff of Cumberland County, PA
~.~~davit of Sex°~i~~
Now,
within
upon
at
by handing to
a
aid made known to
copy of the original
the contents thereof.
So answers,
Sheriff of
Sworn and subscribed before
me this day of , 20
20, at o'clock M. served the
COSTS
SERVICE ~
NffLEAGE
AFFIDAVIT
County, PA
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
CIVIL DIVISION
COMMUNITY BANKS, N.A., :Writ No. 01-5275-Civil
(To be completed by Attorney)
Plaintiff(s) :Amount $703.184.64
:Interest at per diem rate of
$195.49
v. :Plus late fees. all costs of
collection and all costs of suit
and attorney' fees as
:demanded in the Comulaint
DAVID E. LANDAU and : (To be completed by Prothonotary)
DEBORAH A. LANDAU, :Plaintiff
Attorney
Sheriff
Defendant(s) :This Writ
PRAECIPE FOR WRIT OF EXECUTION
MORTGAGE FORECLOSURE - P.R.C.P. 3180-3183
TO THE PROTHONOTARY OF SAID COURT:
Issue writ of execution in the above captioned case.
DATE: December 11.2001
Signature.%'~~~~? ~.~,-~.~.~.-
Print N uv P. Beneventano. Esquire
Address: 3401 N. Front St..P. O. Box 5950
Harrisburg. PA 17110-0950
Attorney for: Plaintiff
Telephone: (7171232-5000
Supreme Court ID No.: 43107
WRIT OF EXECUTION -MORTGAGE FORECLOSURE
COMMONWEALTH OF PENNSYLVANIA )
ss:
COUNTY OF CUMBERLAND )
TO THE SHERIFF OF SAID COUNTY:
To satisfy the judgment, interest and costs in the above-captioned case, you
are directed to levy upon and sell the property described in the attached description.
DATE:
280482
Prothonotary
By:
Deputy
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COMMUNITY BAI~IKS, N.A.,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
DAVID E. LANDAU and DEBORAH A.
LANDAU,
Defendants
CIVIL ACTION -LAW
NO. O1-5275-Civil
AFFIDAVIT PURSUANT TO RULE 3129.1
Community Banks, N.A., Plaintiff in this action, sets forth as of the date the
Praecipe for Writ of Execution was filed, the following information concerning the
real property located at 3507 Market Street, Camp Hill, Commonwealth of
Pennsylvania, (Tax Parcel No. 10-21-0275-151), and more particularly described on
Exhibit "A" attached hereto:
1. Names and addresses of owners or reputed owners:
David E. Landau
Deborah A. Landau
4493 Lakeside Drive
Harrisburg, PA 17110
2. Names and addresses of Defendants in the judgment:
David E. Landau
Deborah A. Landau
4493 Lakeside Drive
Harrisburg, PA 17110
3. Name and address of every judgment creditor whose judgment is a
record lien on the real property to be sold:
Community Banks, N.A.
P.O. Box 350
Millersburg, PA 17061
4. The name and address of the last recorded holder of every mortgage of
record:
Community Banks, N.A.
P.O. Box 350
Millersburg, PA 17061
5. The name and address of every other person who has any record lien
on the property:
Dauphin County Tax Claim Bureau
Veterans Memorial Building
112 Market Street
P.O. Box 1295
Harrisburg, PA 17108
6. The name and address of every other person who has any record
interest in the property and whose interest may be affected by the sale:
None found.
7. The name and address of every other person of whom the plaintiff has
any knowledge who has any interest in the property which may be
affected by the sale:
(a) McKenzie & Company
3507 Market Street
Camp Hill, PA
(b) Planned Parenthood
3507 Market Street
Camp Hill, PA
(c) Advanced Residential Mortgage Company
3507 Market Street
Camp Hill, PA
(d) Roof Advisory Group, Inc.
3507 Market Street
Camp Hill, PA
(e) Keystone, Howley and White
3507 Market Street
Camp Hi11, PA
(f) File Net Corporation
3507 Market Street
Camp Hill, PA
(g) Allegheny Personnel Services
3507 Market Street
Camp Hill, PA
Respectfully submitted,
METTE, EVANS & WOODSIDE
By: ~ / ~
P. Beneventano, Esquire
Sup. Ct. I.D. #43107
3401 North Front Street
P.O. Box 5950
Harrisburg, PA 17110-0950
Attorneys for Plaintiff
Community Banks, N.A.
Date: December 11, 2001
VERIFICATION
I, Jeffrey S. Fagan, state that I hold the title of Regional President at
Community Banks, N.A., the Plaintiff in the above-captioned action, that I am
authorized to make this Verification on its behalf, and that the facts set forth in the
foregoing Complaint are true and correct to the best of my knowledge, information
and belief.
I understand that my statements are made subject to the penalties of
18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities.
COMMUNITY BANKS, N.A.
Jeffre . F~
Regional President
Date: / Z ' J ~ -G/
GUY P. BENEVENTANO. ESQUIRE
BEGINNING at a point on the southern right-of--way line of the
Carlisle Pike (US Route 11), said point being located and
referenced South Eighty-eight (88) degrees Twenty-seven (27)
minutes West, a distance of Two Hundred Forty (240)
(incorrectly typed as 420 in current Deed) feet from the
intersection of the southern right-of--way line of the Carlisle Pike
(US Route 11) and the western right-of--way line of 35`h Street;
thence along the eastern line of Lot No. 44 Block D, Hampden
Gardens, South One (1) degree Thirty-three (33) minutes East, a
distance of Two Hundred (200) feet to a point on the rear line of
other lots of Block B, Hampden Gardens; thence along the rear
line of other lots of Block B, Hampden Gardens, South, Eighty-
eight (88) degrees Twenty-seven (27) minutes West, a distance of
One Hundred Twenty (120) feet to a point; thence along the
western line of Lot No. 3 Block D, Hampden Gardens, North
One (1) degree Thirty-three (33) minutes West, a distance of Two
Hundred (200) feet to a point on the southern right-of--way line
of the Carlisle Pike (US Route 11); thence along the southern
right-of-way line of the Carlisle Pike, North Eighty-eight (88)
degrees Twenty-seven (27) minutes East, a distance of One
Hundred Twenty (120) feet to a point, the place of BEGINNING.
SAID lot being 24,000 square feet.
BEING Lot Nos. 3 and 4 Block D on the certain Plan of Lots laid
out by Leroy H. Kohler, et al., and known as Hampden Gardens,
which Plan was recorded February 21, 1997 in Plan Book 4,
page 32.
TAX PARCEL NO.10-21-0275-151.
Seized and sold as the property of David E. Landau and Deborah A.
Landau under Judgment No. O1-5275-Civil.
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COMMUNITY BANKS, N.A.,
Plaintiff
vs.
DAVID E. LANDAU and DEBORAH A.
LANDAU, .
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
NO. O1-5275-Civil
AFFIDAVIT OF NON-MILITARY SERVICE
Personally appeared before me, the undersigned authority, Guy P. Beneventano,
Esquire, who, being duly sworn according to law, deposes and says that he is counsel for.
Plaintiff and that according to the best of his knowledge, information and belief, the
Defendant listed below is not in the United States Military Service.
Deborah A. Landau
4493 Lakeside Drive
Harrisburg, PA 17110
Respectfully submitted,
METTE, EVANS & ~'OODSIDE
. Beneventano, Esquire
p. Ct. I.D. #43107
3401 North Front Street
P.O. Box 5950
Harrisburg, PA 17110-0950
Date: December 11, 2001
Sworn to and subscribed before me
this I1~h day of [~cew, k~ , 2001.
-~ ~-, ~~~
My Commission Expires:
Attorneys for Plaintiff
Community Banks, N.A.
280490
Notarial Seal
Melisa M. Lucas, Notary Public
Harrisburg, Dauphin County
My Commission Expires Oct. 73, 2003
Member, PonnsyNam=i~ssc~ciation otNOtaries
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COMMUNITY BANKS, N.A,
Plaintiff
vs.
DAVID E. LANDAU and DEBORAH A.
LANDAU,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
NO. O1-5275-Civil
AFFIDAVIT OF NON-MILITARY SERVICE
Personally appeared before me, the undersigned authority, Guy P. Beneventano,
Esquire, who, being duly sworn according to law, deposes and says that he is counsel for
Plaintiff and that according to the best of his knowledge, information and belief, the
Defendant listed below is not in the United States Military Service.
David E. Landau
4493 Lakeside Drive
Harrisburg, PA 17110
Respectfully submitted,
METTE, EVANS & ~VOODSIDE
~---
. Beneventano, Esquire
p. Ct. I.D. #43107
3401 North Front Street
P.O. Box 5950
Harrisburg, PA 17110-0950
Attorneys for Plaintiff
Community Banks, N.A.
Date: December 11, 2001
Sworn to and subscribed before me
this I I `" day of ~F~P„ !7 F_~ , 2001.
V~-~ w, ~~
My Commission Expires:
_~-~--~-'~r,
Notarial Seal
Melisa M. Lucas, Notary Public
Harrisburg, Daupbm County
MY Commission Lxp°r~s Oct. 13, 2003
r~nemner. Pennsyp.~.,>.~ ; x~ecac~aticn otNOtaries
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COMMUNITY BANKS, N.A.,
Plaintiff
vs.
DAVID E. LANDAU and DEBORAH A.
LANDAU,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
NO. O1-5275-Civil
AFFIDAVIT OF DEFENDANT'S
LAST KNOWN ADDRESS
Personally appeared before me, the undersigned authority, Guy P. Beneventano,
Esquire, who, being duly sworn according to law, deposes and says that he is counsel for
Plaintiff and that according to the best of his knowledge, information and belief, the last
known address employed by the Defendant is:
Deborah A. Landau
4493 Lakeside Drive
Harrisburg, PA 17110
Respectfully submitted,
METTE, EVANS & WOODSIDE
~7~~
By: ~
uy .Beneventano, Esquire
p. Ct. I.D. #43107
3401 North Front Street
P.O. Box 5950
Harrisburg, PA 17110-0950
Date: December 11, 2001
Sworn to and subscribed before me
this Jl~h day of ~ce„~, {err , 2001.
~ ~ ««_
My Commission Expires:
Notarial Seeal
Melisa M. Lucas, Notary PublicA
Harrisburg, Dauphin County
My Con mission E.rvires dct. 13, 2003
-rrn~~ ~ ~~ ~. a5cnct Notaries
Attorneys for Plaintiff
Community Banks, N.A.
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COMMUNITY BANKS, N.A.,
Plaintiff
VS.
DAVID E. LANDAU and DEBORAH A.
LANDAU,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
NO. O1-5275-Civil
AFFIDAVIT OF DEFENDANT'S
LAST KNOWN ADDRESS
Personally appeared before me, the undersigned authority, Guy P. Beneventano,
Esquire, who, being duly sworn according to law, deposes and says that he is counsel for
Plaintiff and that according to the best of his knowledge, information and belief, the last
known address employed by the Defendant is:
David E. Landau
4493 Lakeside Drive
Harrisburg, PA 17110
Respectfully submitted,
METTE, EVANS & WOODSIDE
By: ,.---~ ~ ~~
,'. y .Beneventano, Esquire
p. Ct. LD. #43107
3401 North Front Street
P.O. Box 5950
Harrisburg, PA 17110-0950
Attorneys for Plaintiff
Community Banks, N.A.
Date: December 11, 2001
Sworn to and subscribed before me
this ~\r~ day of sec e,.,_, j., p„ , 2001.
My Commission Expires:
Notarial Seal
Melisa PA. Lucas, Notary Public
Harrisburg, Dauphin County 2003
My Commission Fxp:res Oct. 93,
Dnern~~r. °=^m~~.,~~......>-:^~flnnolNotarias
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COMMUNITY BANKS, N.A., IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. CIVIL ACTION -LAW
DAVID E. LANDAU and DEBORAH A. NO. O1-5275-Civil
LANDAU,
Defendants
NOTICE OF SHERIFF'S SALE PURSUANT TO
PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.2
TAKE NOTICE:
That a Sheriff s Sale of Real Property (Real Estate) will be held in the
Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013, on
March 6, 2002, at 10:00 a.m., prevailing time.
THE PROPERTY TO BE SOLD is delineated in detail in a legal
description mainly consisting of a statement of the measured boundaries of the
property, together with a brief mention of the buildings and other improvements
erected on the land.
(SEE ATTACHED DESCRIPTION AT EXHIBIT "A")
THE LOCATION of the property to be sold is:
3507 Market Street, Camp Hill, Pennsylvania
Tax Parcel No. 10-21-0275-151
THE JUDGMENT under or pursuant to which the property is being
sold is docketed to:
No. O1-5275-Civil
THE NAME OF THE OWNERS OR REPUTED OWNER OF THIS
PROPERTY IS:
David and Deborah Landau
A SCHEDULE OF DISTRIBUTION, being a list of persons, and/or
governmental or corporation entities or agencies being entitled to receive part of
the proceeds of the sale received and to be disbursed by the Sheriff (for example to
banks that hold mortgages and municipalities that are owed taxes) will be-filed by
the Sheriff thirty (30) days after the sale and distribution of the proceeds of sale in.
accordance with this Schedule will, in fact, be made unless someone objects by
filing exceptions to it, within ten (10) days of the date it is filed. Information about
the Schedule of Distribution may be obtained from the Sheriff of Cumberland
County, 1 Courthouse Square, Carlisle, PA 17013.
THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE
SAi, OF YOUR PROPERTY.
It has been issued because there is a Judgment against you. It may
cause your property to be held, to be sold or to be taken to pay the Judgment. You
may have legal rights to prevent your property from being taken. A lawyer can
advise you more specifically of these rights. If you wish to exercise your rights, you
must act promptly.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE.
GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT
WHERE YOU CAN GET FREE LEGAL ADVICE.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
(800)990-9108
The legal rights you may have are:
1. You may file a petition with the Court of Common Pleas of
Cumberland County to open the judgment if you have a meritorious defense against
the person or company that has entered judgment against you. -You may also file a
petition with the same Court if you are aware of a legal defect in the obligation or
the procedure used against you.
2. After the Sheriff s Sale you may file a petition with the Court of
Common Pleas of Cumberland County to set aside the sale for a grossly inadequate
price or for other proper cause. This petition must be filed before the Sheriff's
Deed is delivered.
3. A petition or petitions raising the legal issues or rights
mentioned in the preceding paragraphs must be presented to the Court of Common
Pleas of Cumberland County. The petition must be served on the attorney for the
creditor or on the creditor before representation to the Court and a proposed order
or rule must be.attached to the petition. If a specific return date is desired, such
date must be obtained from the Court Administrator's Office, Civil Division,
Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013, before
the presentation of the petition to the Court.
4. A copy of the Writ of Execution is attached hereto at Exhibit
«B >,
SHERIFF OF CUMBERLAND COUNTY
GUY P. BENEVENTANO ESAUIRE
BEGINNING at a point on the southern right-of--way line of the
Carlisle Pike (US Route 11), said point being located and
referenced South Eighty-eight (88) degrees Twenty-seven (27)
minutes West, a distance of Two Hundred Forty (240)
(incorrectly typed as 420 in current Deed) feet from the
intersection of the southern right-of--way line of the Carlisle Pike
(US Route 11) and the western right-of--way line of 35"' Street;
thence along the eastern line of Lot No. 44 Block D, Hampden
Gardens, South One (1) degree Thirty-three (33) minutes East, a
distance of Two Hundred (200) feet to a point on the rear line of
other lots of Block B, Hampden Gardens; thence along the rear
line of other lots of Block B, Hampden Gardens, South Eighty-
eight (88) degrees Twenty-seven (27) minutes West, a distance of
One Hundred Twenty (120) feet to a point; thence along the
western line of Lot No. 3 Block D, Hampden Gardens, North
One (1) degree Thirty-three (33) minutes West, a distance of Two
Hundred (200) feet to a point on the southern right-of--way line
of the Carlisle Pike (US Route ll); thence along the southern
right-of--way line of the Carlisle Pike, North Eighty-eight (88)
degrees Twenty-seven (27) minutes East, a distance of One
Hundred Twenty (120) feet to a point, the place of BEGINNING.
SAID lot being 24,000 square feet.
BEING Lot Nos. 3 and 4 Block D on the certain Plan of Lots laid
out by Leroy H. Kohler, et al., and known as Hampden Gardens,
which Plan was recorded February 21,1997 in Plan Book 4,
page 32.
TAX PARCEL NO.10-21-0275-151.
Seized and sold as the property of David E. Landau and Deborah A.
Landau under Judgment No. O1-5275-Civil.
:z~ssas i
IN THE COTLRT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
CIVIL DIVISION
COMMUNITY BANKS, N.A:, :Writ No. 01-5275-Civil
(To be completed by Attorney)
Plaintiff(s) :Amount $703.184.64
:Interest at per diem rate of
$195.49
v. :Plus late fees, all costs of
collection and all costs of suit
and attornevs' fees as
demanded in the Complaint
DAVID E. LANDAU and : (To be completed by Prothonotary)
DEBORAH A. LANDAU, :Plaintiff
Attorney
Sheriff
Defendant(s) :This Writ
PRAECII'E FOR WRIT OF EXECUTION
MORTGAGE FORECLOSURE - P.R.C.P. 3180-3183
TO THE PROTT3ONOTARY OF SAID COURT:
Issue writ of execution in the above captioned case.
DATE: December 11, 2001
Signature:'y~~~~? ~i~,-~..,r,..~i,....-
Print Na x`Guv P. Beneventano. Esquire
Address: 3401 N. Front St..P. 0: Box 5950
Harrisbure. PA 17110-0950
Attorney for: Plaintiff
Telephone: (7171232-5000
Supreme Court ID No.: 43107
WRIT OF EXECUTION -MORTGAGE FORECLOSURE
COMMONWEALTH OF PENNSYLVANIA )
ss:
COUNTY OF CUMBERLAND )
TO THE SHERIFF OF SAID COUNTY:
To satisfy the judgment, interest and costs in the above-captioned case, you
are directed to levy upon and sell the property described in the attached description.
DATE:
280482
Prothonotary
By:
Deputy
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ASSIGNMENT OF JUDGMENT
COMMUNITY BANKS, N.A.,
Plaintiff
vs.
DAVID E. LANDAU and DEBORAH
A. LANDAU,
Defendants.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
NO. O1-5275-CIVIL
KNOW ALL MEN BY THESE PRESENTS, that COMMUNITY BANKS, N.A., a
national banking association with an office at 150 Market Square, Millersburg,
Pennsylvania 17061 ("Assignor"), and intending to be legally bound hereby, does hereby
grant, bargain, transfer, assign and set over unto LINLO PROPERTIES, a Pennsylvania
general partnership whose partners are LOWELL R. GATES and LINDA LEE GATES,
husband and wife, having an address of 1013 Mumma Road, Lemoyne, Pennsylvania
17043 ("Assignee"), their heirs, executors, administrators, and assigns, that certain
Judgment recovered by Community Banks in the Court of Common Pleas of
Cumberland County, Pennsylvania, at Docket No. O1-5275-CIVIL against DAVID E.
LANDAU and DEBORAH A. LANDAU, husband and wife, together with all benefits
and advantages that maybe attained thereby, and full power to enforce and. recover the
Judgment for Assignee's own use. Community Banks further authorizes and empowers
the Prothonotary or any attorney on behalf of Assignee to mark the Judgment, and all
proceedings thereunder, to their use.
IN WITNESS WHEREOF, Community Banks, N.A., has caused this instrument
to be executed this 315L day of December, 2001, intending to be legally bound hereby.
ASSIGNOR:
COMMUNITY BANKS, N.A.
B~--~~
Jeff~ey `. Fa ,
Regional President
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF~Q NP/-l/~
ss.
On this, the ~~~ ~ ,day of _I/rce,., b ~~ , 2001, before me the subscriber
personally appeared JEFFREY S. FAGAN, who acknowledged himself to be the Regional
President of Community Banks, N.A., and that he, as such officer being authorized to do
so, executed the foregoing instrument for the purposes therein contained by signing the
name of the organization by himself as such officer.
WITNESS my hand and seal the day and year aforesaid.
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Notary Public
My Commission Expires:
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LINLO PROPERTIES, a Pennsylvania
general partnership, and LOWELL R.
GATES and LINDA LEE GATES, general
partners,
Plaintiff
vs.
DAVID E. LANDAU and DEBORAH A.
LANDAU,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
NO.O1-5275-CIVIL
PRAECIPE TO ENTER APPEARANCE
To: Prothonotary, Cumberland County Court of Common Pleas:
KINDLY enter my appearance on behalf of LINLO PROPERTIES, a Pennsylvania general
partnership, and LOWELL R. GATES and LINDA LEE GATES, general partners, Plaintiffs in the
above-captioned matter.
P.C.
Lovell R. Ga`Yes, Esquire
Sup Ct. I.D. #46779
101 Mumma Road, Suite 100
Lemoyne, PA 17043
Attorneys for Plaintiff
LINLO PROPERTIES, a Pennsylvania
general partnership
Date: December 31, 2001
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LINLO PROPERTIES, a Pennsylvania
general partnership, and LOWELL R.
GATES and LINDA LEE GATES, general
partners,
Plaintiff
vs.
DAVID E. LANDAU and DEBORAH A.
LANDAU,
Defendants,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
NO.OI -5275-CIVIL
PRAECIPE TO MARK JUDGMENT SATISFIED
To: Prothonotary, Cumberland County Court of Common Pleas
Please mark the judgment in favor of Plaintiff and against Defendants in
the above-captioned matter "Satisfied."
P.C.
BYY
Low II R. Gates, Esquire
Sup. t. I.D. #46779
101 Mumma Road, Suite 100
Lemoyne, PA 17043
Attorneys for Plaintiff
LINLO PROPERTIES, a Pennsylvania
general partnership
Date: December 31, 2001
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Community Banks, N.A. hi The Court of Common Pleas of
VS Cumberland County, Pennsylvania
David E. Landau and Writ No. 2001-5275 Civil Term
Deborah A. Landau
R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ
is returned STAYED pursuant to instructions from Attorney Guy Beneventano.
Sheriff s Costs:
Docketing 30.00
Surcharge 30.00
Posting Handbills 15.00
Law Library .50
Prothonotary 1.00
Share of Bills 24.20
Mileage 9.75
Levy 15.00
Advertising 15.00
Certified Mail
Poundage 3.69
Out of County 9.00
Dauphin County 35.25
$ 188.39 paid by attorney
Sworn and subscribed to before me
This,~z.~•-Cday ofl~,~,~,~
Prothonotary
S:~~
R. Thomas Kline, Sheriff
B G~ ~
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COMMUNITY BANKS, N.A.,
Plaintiff
vs.
DAVID E. LANDAU and DEBORAH A.
LANDAU,
Defendants
CIVIL ACTION -LAW
NO. O1-5275-Civil
AFFIDAVIT PURSUANT TO RULE 3129.1
Community Banks, N.A., Plaintiff in this action, sets forth as of the date the
Praecipe for Writ of Execution was filed, the following information concerning the
real property located at 3507 Market Street, Camp Hill, Commonwealth of
Pennsylvania, (Tax Parcel No. 10-21-0275-151), and more particularly described on
Exhibit "A" attached hereto:
1. Names and addresses of owners or reputed owners:
David E. Landau
Deborah A. Landau
4493 Lakeside Drive
Harrisburg, PA 17110
2. Names and addresses of Defendants in the judgment:
David E. Landau
Deborah A. Landau
4493 Lakeside Drive
Harrisburg, PA 17110
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
3. Name and address of every judgment creditor whose judgment is a
record lien on the real property to be sold:
Community Banks, N.A.
P.O. Box 350
Millersburg, PA 17061
4. The name and address of the last recorded holder of every mortgage of
record:
Community Banks, N.A.
P.O. Box 350
Millersburg, PA 17061
5. The name and address of every other person who has any record lien
on the property:
Dauphin County Tax Claim Bureau
Veterans Memorial Building
112 Market Street
P.O. Box 1295
Harrisburg, PA 17108
6. The name and address of every other person who has any record
interest in the property and whose interest may be affected by the sale:
None found.
The name and address of every other person of whom the plaintiff has
any knowledge who has any interest in the property which may be
affected by the sale:
(a) McKenzie & Company
3507 Market Street
Camp Hill, PA
(b) Planned Parenthood
3507 Market Street
Camp Hill, PA
(c) Advanced Residential Mortgage Company
3507 Market Street
Camp Hill, PA
(d) Roof Advisory Group, Inc.
3507 Market Street
Camp Hill, PA
(e) Keystone, Howley and White
3507 Market Street
Camp Hi11, PA
(f) File Net Corporation
3507 Market Street
Camp Hill, PA
(g) Allegheny Personnel Services
3507 Market Street
Camp Hill, PA
Respectfully submitted,
METTE, EVANS & WOODSIDE
By:
P. Beneventano, Esquire
Sup. Ct. I.D. #43107
3401 North Front Street
P.O. Box 5950
Harrisburg, PA 17110-0950
Attorneys for Plaintiff
Community Banks, N.A.
Date: December 11, 2001
VERIFICATION
I, Jeffrey S. Fagan, state that I hold the title of Regional President at
Community Banks, N.A., the Plaintiff in the above-captioned action, that I am
authorized to make this Verification on its behalf, and that the facts set forth in the
foregoing Complaint are true and correct to the best of my knowledge, information
and belief.
I understand that my statements are made subject to the penalties of
18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities.
COMMUNITY BANKS, N.A.
Jeffre . Fa a
Regional President
Date: / Z -I 2 -O/
GUY P. BENEVENTANO. ES9UIRE
BEGINNING at a point on the southern right-of--way line of the
Carlisle Pike (US Route 11), said point being located and
referenced South Eighty-eight (88) degrees Twenty-seven (27)
minutes West, a distance of Two Hundred Forty (240)
(incorrectly typed as 420 in current Deed) feet from the
intersection of the southern right-of--way line of the Carlisle Pike
(US Route 11) and the western right-of--way line of 35"' Street;
thence along the eastern line of Lot No. 44 Block D, Hampden
Gardens, South One (1) degree Thirty-three (33) minutes East, a
distance of Two Hundred (200) feet to a point on the rear line of
other lots o£ Block B, Hampden Gardens; thence along the rear
line of other lots of Block B, Hampden Gardens, South. Eighty-
eight (88) degrees Twenty-seven (27) minutes West, a distance of
One Hundred Twenty (120) feet to a point; thence along the
western line of Lot No. 3 Block D, Hampden Gardens, North
One (1) degree Thirty-three (33) minutes West, a distance of Two
Hundred (200) feet to a point on the southern right-of-way line
of the Carlisle Pike (US Route 11); thence along the southern
right-of--way line of the Carlisle Pike, North Eighty-eight (88)
degrees Twenty-seven (27) minutes East, a distance of One
Hundred Twenty (120) feet to a point, the place of BEGINNING.
SAID lot being 24,000 square feet.
BEING Lot Nos. 3 and 4 Block D on the certain Plan of Lots laid
out by Leroy H. Kohler, et al., and known as Hampden Gardens,
which Plan was recorded February 21, 1997 in Plan Book 4,
page 32.
TAX PARCEL NO. 10-21-0275-151.
Seized and sold as the property of David E. Landau and Deborah A.
Landau under Judgment No. O1-5275-Civil.
:27ssoe i
COMMUNITY BANKS, N.A.,
Plaintiff
vs.
DAVID E. LANDAU and DEBORAH A.
LANDAU,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
NO. O1-5275-Civil
NOTICE OF SHERIFF'S SALE PURSUANT TO
PENNSYLVANIA RULE OF CIVYL PROCEDURE 3129.2
TAKE NOTICE:
That a Sheriff s Sale of Real Property (Real Estate) will be held in the
Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013, on
March 6, 2002, at 10:00 a.m., prevailing time.
THE PROPERTY TO BE SOLD is delineated in detail in a legal
description mainly consisting of a statement of the measured boundaries of the
property, together with a brief mention of the buildings and other improvements
erected on the land.
(SEE ATTACHED DESCRIPTION AT EXHIBIT "A")
THE LOCATION of the property to be sold is:
3507 Market Street, Camp Hill, Pennsylvania
Tax Parcel No. 10-21-0275-151
THE JUDGMENT under or pursuant to which the property is being
sold is docketed to:
No. O1-5275-Civil
THE NAME OF THE OWNERS OR REPUTED OWNER OF THIS
PROPERTY IS:
David and Deborah Landau
A SCHEDULE OF DISTRIBUTION, being a-list of persons, and/or
governmental or corporation entities or agencies being entitled to receive part of
the proceeds of the sale received and to be disbursed by the Sheriff (for example to
banks that hold mortgages and municipalities that are owed taxes) will be filed by
the Sheriff thirty (30) days after the sale and distribution of the proceeds of sale in
accordance with this Schedule will, in fact, be made unless someone objects by
filing exceptions to it, within ten (10) days of the date it is filed. Information about
the Schedule of Distribution may be obtained from the Sheriff of Cumberland
County, 1 Courthouse Square, Carlisle, PA 17013.
-THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE
SALE OF YOUR PROPERTY.
It has been issued because there is a Judgment against you. It may
cause your property to be held, to be sold or to be taken to pay the Judgment. You
may have legal rights to prevent your property from being taken. A lawyer can
advise you more specifically of these rights. If you wish to exercise your rights, you
must act promptly.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717)249-3166
(800)990-9108
The legal rights you may have are:.
_ i
1. You may file a petition with the Court of Common Pleas of
Cumberland County to open the judgment if you have a meritorious defense against
the person or company that has entered judgment against you. You may also file a
petition with the same Court if you are aware of a legal defect in the obligation or
the procedure used against you.
2. After the Sheriff s Sale you may file a petition with the Court of
Common Pleas of Cumberland County to set aside the sale for a grossly inadequate
price or for other proper cause. This petition must be filed before the Sheriffls
Deed is delivered.
3. A petition or petitions raising the legal issues or rights
mentioned in the preceding paragraphs must be presented to the Court of Common
Pleas of Cumberland County. The petition must be served on the attorney for the
creditor or on the creditor before representation to the Court and a proposed order
or rule must be attached to the petition. If a specific return date is desired, such
date must be obtained from the Court Administrator's Office, Civil Division,
Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17(}13, before
the presentation of the petition to the Court.
4. A copy of the Writ of Execution is attached hereto at Exhibit
«B ~,
SHERIFF OF CUMBERLAND COUNTY
~u ~ ~z i
GUY P. BENEVENTANO, ESQUIRE
BEGINNING at a point on the southern right-of--way line of the
Carlisle Pike (US Route 11), said point being located and
referenced South Eighty-eight (88) degrees Twenty-seven (27)
minutes West, a distance of Two Hundred Forty (240)
(incorrectly typed as 420 in current Deed) feet from the
intersection of the southern right-of-way line of the Carlisle Pike
(US Route 11) and the western right-of-way line of 35`h Street;
thence along the eastern line of Lot No. 44 Block D, Hampden
Gardens, South One (1) degree Thirty-three (33) minutes East, a
distance of Two Hundred (200) feet to a point on the rear line of
other lots of Block B, Hampden Gardens; thence along the rear
line of other lots of Block B, Hampden Gardens, South Eighty-
eight (88) degrees Twenty-seven (27) minutes West, a distance of
One Hundred Twenty (120) feet to a point; thence along the
western line of Lot No. 3 Block D, Hampden Gardens, North
One (1) degree Thirty-three (33) minutes West, a distance of Two
Hundred (200) feet to a point on the southern right-of-way line
of the Carlisle Pike (US Route ll); thence along the southern
right-of--way line of the Carlisle Pike, North Eighty-eight (88)
degrees Twenty-seven (27) minutes East, a distance of One
Hundred Twenty (120) feet to a point, the place of BEGINNING.
SAID lot being 24,000 square feet.
BEING Lot Nos. 3 and 4 Block D on the certain Plan of Lots laid
out by Leroy H. Kohler, et al., and known as Hampden Gardens,
which Plan was recorded February 21, 1997 in Plan Book 4,
page 32.
TAX PARCEL NO.10-21-0275-151.
Seized and sold as the property of David E. Landau and Deborah A.
Landau under Judgment No. O1-5275-Civil.
:z7ssoa i
_ ._:. i
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
CIVIL DIVISION
COMMUNITY BANKS, N.A., :Writ No. 01-5275-Civil
(To be completed by Attorney)
Plaintiff(s) :Amount $703,184.64
:Interest at ner diem rate of
$195.49
v. :Plus late fees. all costs of
collection and all costs of suit
:and attorneys'fees as
demanded in the Comnlaint
DAVID E. LANDAU and : (To be completed by Prothonotary)
DEBORAH A. LANDAU, :Plaintiff
Attorney
Sheriff
Defendant(s) :This Writ
PRAECIPE FOR WRIT OF EXECUTION
MORTGAGE FORECLOSURE - P.R.C.P. 3180-3183
TO THE PROTHONOTARY OF SAID COURT:
Issue writ of execution in the above captioned case.
DATE: December 11.2001
.- . "~ '7
Signaturea'~.~~ ~ ~ ~:~~,-...-~-,,.-~ -
Print Namea Guv P. Beneventano. Esquire
Address: 3401 N. Front St..P. 0. Box 5950
Harrisburg'. PA 17110-0950
Attorney for: Plaintiff
Telephone: (7171232-5000
Supreme Court ID No.: 43107
WRIT OF EXECUTION -MORTGAGE FORECLOSURE
COMMONWEALTH OF PENNSYLVANIA )
ss:
COUNTY OF CUMBERLAND )
TO THE SHERIFF OF SAID COUNTY:
To satisfy the judgment, interest and costs in the above-captioned case, you
are directed to levy upon and sell the property described in the attached description.
DATE:
Prothonotary
By:
Deputy
280432
WRlT OF. EX~CU7lOtri~arid/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO, 01-5275 CIVIL t~ TES
COUNTY OF CUMBERLAND) CIVIL ACTION -LAW
TO THE SHERIFF OF Clmtberland COUNTY:
To satisfy the debt, interest and costs due Camntnity Banks, N.A.
from David E. Landau and Deborah A. Landau, 4493 Lakeside Drive, Harrisburg, PA 17110
DEFENDANT(S)
(t) You are directed to levy upon the property of the defendant(s) and to sell See Legal Description
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of
GARNISHEE(S) as tottows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are enjoined from paying any
debt to or for the account of the defendant(s) and from delivering any property of the defendant(s) or otherwise disposing
thereof;
(3) Itpropertyofthedefendant(s)notlevieduponansubjecttpattachmer»isfoundinthepossessionofanyoneother
than a named garnishee, you are directedio not8y himmerthat he/she Nas been added as agamishee and is enpined as above
stated.
Amount Qtfe: 5703,184.64 L.L. $.50
Interest at per diem rate of $195.49 Due Prothy $1.00
Atty's Comm °!° Other Costs
Atty Paid $160.25
Plaintiff Paid
Date: December 12, 2001 Curtis R. Long
Prothonotary, Civil Division
`why O~-e ~IJIA.TrI
Deputy
REQUESTING PARTY:
Name Guy P. Beneventano, Esq.
Address: 3401 N. Front St., P.O.Box 5950
Harrisburg, PA 17110-0950
Attorney for: Plaintiff
Telephone: -r1Z23?_5000
Supreme Court ID No. 431,07
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REAL ~STAT~ SALE No. ~~
On December 13, 2001, the sheriff levied upon the
defendant's interest in the real property situated in
Hampden Township, Cumberland County, PA,
known and numbered as 3507 Market Street,
Camp Hill, and more fully described on
Exhibit "A" filed with this writ and by this reference
incorporated her..~iri:
Date: December 13, 2001
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By: b ~
Real Estate Deputy
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