HomeMy WebLinkAbout08-2837°1 ,
MID PENN BANK, as successor by merger
of MECHANICS SAVINGS BANK,
Plaintiff
V.
MICHAEL P. SCHELL and THE UNITED
STATES OF AMERICA
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 08 - AV CIVIL TERM
CIVIL ACTION - LAW
ACTION IN MORTGAGE FORECLOSURE
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth
in the following pages, you must take action within twenty (20) days after this Complaint and
Notice are served, by entering a written appearance personally or by attorney and filing in
writing with the Court your defenses or objections to the claims set forth against you. You are
warned that if you fail to do so the case may proceed without you and a judgment may be
entered against you by the Court without further notice for any money claimed in the Complaint
or for any other claim or relief requested by the Plaintiff. You may lose money or property or
other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS
OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
(800) 990-9106
(717) 249-3166
AVISO
LISTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las
demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro
de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando
personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte
por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya.
Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso
puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o
cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra
suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros
derechos importantes para usted.
USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI
USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA
OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN
ABOGADO.
SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES
POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS
QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE
CUALIFICAN.
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
(800) 990-9106
(717) 249-3166
MID PENN BANK as successor by merger of
MECHANICS SAVINGS BANK,
Plaintiff
V.
MICHAEL P. SCHELL and THE UNITED
STATES OF AMERICA
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. DP- .CJP37 CIVIL TERM
CIVIL ACTION - LAW
ACTION IN MORTGAGE FORECLOSURE
COMPLAINT
AND NOW, comes the Plaintiff, Mid Penn Bank as successor by merger of Mechanics
Savings Bank and files this Complaint and in support thereof avers as follows:
1. Plaintiff, Mid Penn Bank (sometimes called herein "Mortgagee") is a state
banking institution, having an office located at 349 Union Street, Millersburg, Pennsylvania,
17061 and successor by Merger to the rights and interests of Mechanics Savings Bank.
2. Defendant Michael P. Schell. (sometimes called herein "Mortgagor"), is an adult
individual who resides at 915 Herman Drive, Mechanicsburg, PA 17055.
3. At all times material to this cause of action, the Mortgagor has been the owner of
a tract of land and the buildings thereon hereinafter called the "land" located at 915 Herman
Drive, Mechanicsburg, PA 17055.
4. The land is described in Exhibit 'A'' attached hereto and incorporated herein.
5. Defendant, The United States of America, is named herein as a party defendant
pursuant to the requirements of 28 U.S.C. Section 2410, since subordinate federal tax liens
were entered against Defendant, Michael P. Schell, after the date of the Mortgage which is the
subject of this case, as follows:
a. A federal tax lien in the amount of Sixty Two Thousand Three Hundred
Sixty Nine Dollars and fifty-four cents ($62,369.54) dated February 13, 2004, by
the Internal Revenue Service, through its District Office in Philadelphia,
Pennsylvania. The lien was entered in the Office of the Prothonotary of the Court
of Common Pleas of Cumberland County, Pennsylvania on February 26, 2004 to
Docket No. 2004-00827. A copy of said lien is attached hereto, marked Exhibit
"B" and incorporated herein by reference.
b. A federal tax lien in the amount of Thirty-Three Thousand One Hundred
Thirty-Seven Dollars and fifty-seven cents ($33,137.53) dated September 28,
2007, by the Internal Revenue Service, through its District Office of Detroit,
Michigan. The lien was entered in the Office of the Prothonotary of the Court of
Common Pleas of Cumberland County, Pennsylvania on March 30, 2007 to
Docket No. 2007-5891. A copy of said lien is attached hereto, marked Exhibit
"C" and incorporated herein by reference.
6. On July 13, 2000, in consideration of a loan of Eighty Thousand Dollars
($80,000.00) made by Mortgagee to Mortgagor, Michael P. Schell, the said Mortgagor executed
and delivered to the Mortgagee a note secured by a Mortgage on the land obligating the
Mortgagor to pay the Mortgagee the principal sum together with interest at a variable rate as
determined every 36 months on the unpaid balance in monthly installments as set forth in the
Note. The Mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County ,
Pennsylvania, in Record Book 1625, Page 436. A copy of the Mortgage is attached hereto as
Exhibit D and a copy of the Note is attached hereto as Exhibit E.
7. The Defendant Mortgagor, Michael P. Schell, is in default on the Mortgage in that
he failed to make payments as required from and after January 1, 2008.
8. The Defendant is the present real owner of the land.
9. Under the terms of the Mortgage, the Defendant is also obligated to pay to
Plaintiff the expenses of collection including reasonable attorney's fees.
10. The usual and customary charge by attorneys for the collection of a delinquent
mortgage is five percent (5%) of the unpaid balance of the Mortgage.
11. The amount due the Plaintiff under the Mortgage is computed as follows:
Principal Balance: $70,739.10
Interest from 12/01/07 $ 2,255.20
to 04/30/08 (151 days)
at 7.75%
Late Charges $55.57
5% attorney's commission $3,652.49
TOTAL $76.702.36
12. Pursuant to the provisions of the Homeowner's Emergency Mortgage Assistance
Act of 1983, and the provisions of Act 6 of the Pennsylvania General Assembly, January, 30,
1974, 41 P.S. §101 et. seq., as amended by Act 160 of the Pennsylvania General Assembly of
1998, a combined Notice of Homeowner's Emergency Mortgage Assistance Act and Notice of
Default and Intention to Foreclose Mortgage ("Act 91/6 Notice") was mailed to the Defendant
Schell on March 3, 2008. True and correct copies of the Act 91/6 Notice is attached hereto,
marked Exhibit F, and incorporated by reference.
13. A Certificate of Mailing the Act 91/6 Notices to Defendant Schell is attached
hereto, marked Exhibit G, and incorporated by reference.
14. The Act 91/6 Notice to Defendant Schell were unclaimed as referenced by the
returned envelope a copy of which is attached hereto, marked Exhibit H and incorporated by
reference.
15. The Plaintiff has complied with the provisions of Section 403 of Act No. 6, 41 P.S.
403.
16. The Plaintiff has complied with the provisions of Section 403-C of the Act of
December 23, 1983, P. L. 385 No. 91, 35 P. S. Section 1680.403c.
17. The Defendant has failed to meet the time limitations specified by Section 403-C
of the Act of December 23, 1983, P.L. 385 No. 91, 35 P.S. Section 1680.403c.
18. Defendant is not a member of the Armed Forces of the United States and is not
entitled to any benefits of the Soldiers and Sailors Relief Act as amended.
WHEREFORE, the Plaintiff, Mid Penn Bank, demands judgment against the Defendant,
Michael P. Schell, in the amount of Seventy Six Thousand Seven Hundred Two Dollars and
thirty-six cents ($76,702.36), together with interest thereon at the rate of 7.75% from April 30,
2008, and the costs of this suit.
JOHNSON, DUFFIE, STEWART & WEIDNER
By:
Elizabeth D. over
Attorney I. D. o. 200997
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
(717)761-4540
F: (717)761-3015
eds@jdsw.com
Attorneys for Plaintiff Mortgagee
04/25/2008 14:08 FAX 717 761 3015 JOSVII
Ia 007/007
VER/ WAT/ON
I, Gregory Scheer, Collections Manager for Mid Penn Bank verify that I am authorized to
make the statements herein and that the statements made in the foregoing Complaint are true
and correct to the best of my knowledge, information and belief. 1 understand that false
statements made herein are subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn
falsification to authorities.
Dated: 7 S p
Gregory JSeer
EXHIBIT "A"
ALL THAT CERTAIN piece or parcel of land situate in the Township of Upper Allen, County of
Cumberland, and Commonwealth of Pennsylvania, bounded and described as follows, to wit:
BEGINNING at a point on the southern line of Herman Drive at the northwestern corner of lot
No. 22 as shown on the hereinafter mentioned Plan of Lots; thence by the dividing line between
Lots No. 21 and 22 on said Plain, South 06 degrees 01 minute East, 113.93 feet to a point;
thence South 83 degrees 59 minutes West, 93 feet to a point; thence by the dividing line
between Lots No. 20 and 21 on said Plan, North 06 degrees, 01 minute West, 113.93 feet to a
point on the southern line of Herman Drive; thence by the southern line of Herman Drive, North
83 degrees 59 minutes East, 93 feet to a point, the place of beginning.
HAVING THEREON ERECTED a single brick and aluminum ranch type dwelling with integral
garage.
BEING Lot No. 21 in the Plan of Lots of Jacob S. Stoner, Tract No. 2, which Plan is recorded in
the Cumberland County Recorder's Office in Plan Book 14, at Page 19.
SUBJECT, NEVERTHELESS, to the restrictions and reservations of record with the said Plan.
BEING THE SAME PREMISES which Paul L. Schell and Ruth F. Schell, his wife, by their Deed
dated July 13, 2000, and recorded July 14, 2000 in the Office of the Recorder of Deeds in and
for Cumberland County, Pennsylvania, in Record Book 225, Page 323, granted and conveyed
unto Michael P. Schell.
EXHIBIT
Form 668 (Y)(c)
(Rev. February 2004)
1008
Department of the Treasury - Internal Revenue Service
Notice of Federal Tay Lion
Area: Serial Number
SMALL BUSINESS/SELF EMPLOYED AREA #3
Lien Unit Phone: (800) 829-3903 157656304
As provided by section 6321, 6322, and 6323 of the Internal Revenue
Code, we are giving a notice that taxes (including Interest and penalties)
have been assessed against the following-named taxpayer. We have made
a demand for payment of this liability, but it remains unpaid. Therefore,
there Is a lien in favor of the United States on all property and rights to
property belonging to this taxpayer for the amount of these taxes, and
additional penalties, interest, and costs that may accrue.
Name of Taxpayer MICHAEL P SCHELL
Residence 915 HERMAN DR
MECHANICSBURG, PA 17055-5736
IMPORTANT RELEASE INFORMATION: For each assessment fisted below,
unless notice of the lien is refiled by the date given in column (e), this notice shall,
on the day following such date, operate as a certificate of release as defined
in IRC 6325(a).
Kind of Tax
(a)
1040
1040
1040
1040
Place of Filing
ldentifying Number
W
181-42-8107
181-42-8107
181-42-8107
181-42-8107
Prothonotary
Cumberland County
Carlisle, PA 17013
Date of
Assessment
(d)
11/27/2000
11/26/2001
11/18/2002
05/26/2003
Total $
?.}. CD a`
M
[:43 F7 I 1- q'
r
i
wr
Unpaid Balance
of Assessment
(f)
12327.54
6327.27
20641.92
23072.81
62369.54
This notice was prepared and signed at PHILADELPHIA, PA
on this,
13th day of February 2004 EXHIBIT
the
a
SignK'r r", Title
for (ACS
88000 829-3903 23-00-0008
{
(NOTE: Certificate of officer authorized by law to take acknowledgment is not essential to the validity of Notice of Federal Tax lien
Rev. Rul. 71-466, 1971 - 2 C.B. 409)
9,1- + - V- a- Form 668(Y)(c) (Rev. 2-20041
Tax Period
Ending
(b)
12/31/1999
12/31/2000
12/31/2001
12/31/2002
, aY?- Y1-/ r r/, .
For Optional Use by Recording Office
y
g13'
12c„ / L/sL73 :2,
Last Day for
Reflung
(e)
12/27/2010
12/26/2011
12/18/2012
06/25/2013
V17G -
Form 668 Y ( )(c) Department of the Treasury - Internal Revenue Service
IRev. February 2004) Notice of Federal Tax Lien
Area: Serial Number
SMALL BUSINESS/SELF EMPLOYED AREA #2
Lien Unit Phone: (800) 913-6050 394591807
As provided by section 6321, 6322, and 6323 of the Internal Revenue
Code, we are giving a notice that taxes (including Interest and penalties)
have been assessed against the following-named taxpayer. We have made
a demand for payment of this liability, but It remains unpaid. Therefore,
there is a lien In favor of the united States on all property and rights to
property belonging to this taxpayer for the amount of these taxes, and
additional penalties, interest, and costs that may accrue.
Name of Taxpayer MICHAEL P SCHELL
Residence 915 HERMAN DR
MECHANICSBURG, PA 17055-5736
Ylo.o 7- 549f P"T`C-
For Optional Use by Recordinq Office
?,?,, I4 4?3 I
IMPORTANT RELEASE INFORMATION: For each assessment listed below,
unless notice of the lien is refiled by the date given in column (e), this notice shall,
on the day following such date, operate as a certificate of release as defined
in IRC 6325(a).
Tax Period Date of Last D for
Kind of Tax Ending Identifying Number Assessment Refiadng
a (b) (c d) e)
1040 12/31/2003 XXX-XX-8107 07/09/2007 08/08/2017
Place of Filing
Prothonotary
Cumberland County
Carlisle, PA 17013
33137.57
Total 1$ 33137.57
This notice was prepared and signed at
the - 28th day of September
Signature
for JEFFREY'WHITE
DETROIT, MI
2007
EXHIBIT
C
, on this,
Title
REVENUE OFFICER 22-06-1450
(717) 777-9623 x1300
C7 N
t - ? L7
?-+ R
t'?
C-)
T
?i F71
cS n
N
Unpaid Balance
of Assessment
(NOTE: Certificate of officer authorized by law to take acknowledgment is not essential to the validity of Notice of Federal Tax lien
Rev. Rul. 71-466, 1971 - 2 C.B. 409)
Part 1 - Kept By Recording Office Form 668(Y)(c) (Rev. 2-2004)
?a
RUBEI% . ZIF"LER
RECORDC0F DEEDS
CUMBERLAND COUNTY-PA
'00 JUL 14 fln 11 it
[Space Above n& Line For Recording Data]
MORTGAGE
THIS MORTGAGE ("Security Instrument") is given on July 13, 2000
The mortgagor is MICHAEL P. SCHELL, single person
MECHANICS SAVINGS BANK ("Borrower"). This Security Instrument is given to
which is organized and existing under the laws of Commonwealth of Pennsylvania '
51 SOUTH FRONT STREET and whose address is
STEELTON, PA 17113
--Eighty Thousand and 00/100 --------------------------------------------- ("Lender"). - Borrower owes Lender the principal - sum of
-----------------------------------------
Dollars (U.S. $ *****80,000.00
). This debt is evidenced by Borrower's note dated the same date as this Security
Instrument ("Note"), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on
August 1, 2030 . This Security Instrument secures to Lender: (a) the repayment of the debt evidenced
by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with
interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the performance of
Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby
mortgage, grant and convey to Lender the following described property located in
Cumberland County, Pennsylvania:
which has the address of 915 Herman Drive
[Street]
Pennsylvania 17055 ("Property Address");
[Zip Code]
PENNSYLVANIA -- Single Family -- Fannie Mae/Freddie Mac UNIFORM INSTRUMENT
ITEM 1950L1 (9511)
EXHIBIT
? D
(Page 1 of6 pages)
w41625 PAGE 436
Mechanicsburg
[City]
Form 3039 9/90
To Order Call: 1-800-530-9393?Fax6 6.791ND ¦
TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances,
and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security
Instrument. All of the foregoing is referred to in this Security Instrument as the "Property."
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to
mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record.
Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any
encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with
limited variations by jurisdiction to constitute a uniform security instrument covering real property.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due the
principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note.
2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pay
to Lender on the day monthly payments are due under the Note, until the Note is paid in full, a sum ("Funds") for: (a) yearly
taxes and assessments which may attain priority over this Security Instrument as a lien on the Pro b
payments or ground rents on the Property, if any; c per
) yearly hazar or () Yearly leasehold
insurance premiums, if any; (e) yearly mortgage 'insurance premims if property insurance premiums; by yearly flood
orrower to
Lender, in accordance with the provisions of paragraph 8, in lieu of the payment of morany sums tgage insurancele pre
miums. These
items are called "Escrow Items." Lender may, at any time, collect and hold Funds in an amount not to exceed the maximum
amount a lender for a federally related mortgage loan may require for Borrower's escrow account under the federal Real
Estate Settlement Procedures Act of 1974 as amended from time to time,
law that applies to the Funds sets a lesser amount. If so, Lender may, at any time, collect and hold Fuunnds iin tan amount of to
exceed the lesser amount. Lender may estimate the amount of Funds due on the basis of current data and reasonable estimates
of expenditures of future Escrow Items or otherwise in accordance with applicable law.
The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity
(including Lender, if Lender is such an institution) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay
the Escrow Items. Lender may not charge Borrower for holding and applying the Funds, annually analyzing the escrow
account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and applicable law permits Lender
to make such a charge. However, Lender may require Borrower to pay a one-time charge for an independent real estate tax
reporting service used by Lender in connection with this loan, unless applicable law provides otherwise. Unless an agreement
is made or applicable law requires interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on
the Funds. Borrower and Lender may agree in writing, however, that interest shall be paid on the Funds. Lender shall give to
Borrower, without charge, an annual accounting of the Funds, showing credits and debits to the Funds and the purpose for
which each debit to the Funds was made. The Funds are pledged as additional security for all sums secured by this Security
Instrument.
If the Funds held by Lender exceed the amounts permitted to be held by applicable law, Lender shall account to
Borrower for the excess Funds in accordance with the requirements of applicable law. If the amount of the Funds held by
Lender at any time is not sufficient to pay the Escrow Items when due, Lender may so notify Borrower in writing, and, in
such case Borrower shall pay to Lender the amount necessary to make up the deficiency. Borrower shall make up the
deficiency in no more than twelve monthly payments, at Lenders sole discretion.
Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any
Funds held by Lender. If, under paragraph 21, Lender shall acquire or sell the Property, Lender, prior to the acquisition or
sale of the Property, shall apply any Funds held by Lender at the time of acquisition or sale as a credit against the sums
secured by this Security Instrument.
3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under
paragraphs 1 and 2 shall be applied: first, to any prepayment charges due under the Note; second, to amounts payable under
paragraph 2; third, to interest due; fourth, to principal due; and last, to any late charges due under the Note.
4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the
Property which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any. Borrower
shall pay these obligations in the manner provided in paragraph 2, or if not paid in that manner, Borrower shall pay them on
time directly to the person owed payment. Borrower shall promptly furnish to Lender all notices of amounts to be paid under
this paragraph. If Borrower makes these payments directly, Borrower shall promptly furnish to Lender receipts evidencing
the payments.
Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees
in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the
lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the
enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to
this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over
this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or
more of the actions set forth above within 10 days of the giving of notice.
5. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the
Property insured against loss by fire, hazards included within the term "extended coverage" and any other hazards, including
floods or flooding, for which Lender requires insurance. This insurance shall be maintained in the amounts and
sau* 1625 Fact 437
Form 3039 9190
ITEM 19501-2 (9511) (Page 2 of 6 pages) GREATLAND ¦
To Order Call: 1-800-530-93930 Fax 616-791-1131
for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to
Lender's approval which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above, Lender
may, at Lender's option, obtain coverage to protect Lender's rights in the Property in accordance with paragraph 7.
All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender
shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts
of paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the insurance carrier and
Lender. Lender may make proof of loss if not made promptly by Borrower.
Unless Lender and Borrower otherwise agree in writing, insurance proceeds s', ail be applied to restoration or repair of
the Property damaged, if the restoration or repair is economically feasible and Lender's security is not lessened. If the
restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be
applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. If
Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the insurance carrier has
offered to settle a claim, then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the
Property or to pay sums secured by this Security Instrument, whether or not then due. The 30-day period will begin when the
notice is given.
Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or
postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of the payments. If
under paragraph 21 the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting
from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security
Instrument immediately prior to the acquisition.
6. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application;
Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after
the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at
least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably
withheld, or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall not destroy,
g.. "- _^r"r,c._' ?e P-cp !y, a'_-'Cw `i?e D-?no n a<.,o.-.- on ±e P--c 1, t.t_.Fe:
- rte-y --crate, of ` w"S`_ __ ? ? .. r ?' 3c-??we? S -a_'!
default if any forfeiture action or proceeding, whether civil or criminal, is begun that in Lender's good faith judgment could
result in forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument or Lender's
security interest. Borrower may cure such a default and reinstate, as provided in paragraph 18, by causing the action or
proceeding to be dismissed with a ruling that, in Lender's good faith determination, precludes forfeiture of the Borrower's
interest in the Property or other material impairment of the lien created by this Security Instrument or Lender's security
interest. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate
information or statements to Lender (or failed to provide Lender with any material information) in connection with the loan
evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the Property as a
principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If
Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger
in writing.
7. Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants and agreements
contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the
Property (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulations), then
Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property.
Lender's actions may include paying any sums secured by a lien which has priority over this Security Instrument, appearing
in court, paying reasonable attorneys' fees and entering on the Property to make repairs. Although Lender may take action
under this paragraph 7. Lender does not have to do so.
Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this
Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the
date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting
payment.
8. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this
Security Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If, for any
reason, the mortgage insurance coverage required by Lender lapses or ceases to be in effect, Borrower shall pay the premiums
required to obtain coverage substantially equivalent to the mortgage insurance previously in effect, at a cost substantially
equivalent to the cost to Borrower of the mortgage insurance previously in effect, from an alternate mortgage insurer
approved by Lender. If substantially equivalent mortgage insurance coverage is not available, Borrower shall pay to Lender
each month a sum equal to one-twelfth of the yearly mortgage insurance premium being paid by Borrower when the
insurance coverage lapsed or ceased to be in effect. Lender will accept, use and retain these payments as a loss reserve in lieu
of mortgage insurance. Loss reserve payments may no longer be required, at the option of Lender, if mortgage insurance
coverage (in the amount and for the period that Lender requires) provided by an insurer approved by Lender again becomes
available and is obtained. Borrower shall pay the premiums required to maintain mortgage insurance in effect, or to provide a
loss reserve, until the requirement for mortgage insurance ends in accordance with any written agreement between Borrower
and Lender or applicable law.
9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall
give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection.
ITEM 19500 (9511) Form 3039 9/90
(Page 3 of6 pages) GREATLAND ¦
To Order Call: 1-800-530-93930 Fax 616-791-1131
eou 1625 PAtt 438
10. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with
any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned
and shall be paid to Lender.
In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security
Instrument, whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property in
which the fair market value of the Property immediately before the taking is equal to or greater than the amount of the sums
secured by this Security Instrument immediately before the taking, unless Borrower and Lender otherwise agree in writing,
the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following
fraction: (a) the total amount of the sums secured immediately before the taking, divided by (b) the fair market value of the
Property immediately before the taking. Any balance shall be paid to Borrower. In the event of a partial taking of the
Property in which the fair market value of the Property immediately before the taking is less than the amount of the sums
secured immediately before the taking, unless Borrower and Lender otherwise agree in writing or unless applicable law
otherwise provides, the proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are
then due.
If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make
an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given,
Lender is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or to the
sums secured by this Security Instrument, whether or not then due.
Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or
postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments.
11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or
modification of amortization of the sums secured by this Security Instrument
granted
of Borrower shall not operate to release the liability of the original Borrower or Borrowerr'sdsuccessors in interest. lienaer
shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or
otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the
original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall
not be a waiver of or preclude the exercise of any right or remedy.
12. Successors and Assigns Bound; Joint and Several Liability; Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower subject oa he pro sionshof
paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security
Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that
Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums
secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear
or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's
consent.
13. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan
charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection
with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce
the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be
refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a
direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any
prepayment charge under the Note.
14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by
mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property
Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail
to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice provided for in
this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph.
15. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of the
jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note
conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can
be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are
declared to be severable.
16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument.
17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest
in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person)
without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by
this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of
the date of this Security Instrument.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of
not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this
Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any
remedies permitted by this Security Instrument without further notice or demand on Borrower.
18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have
enforcement of this Security Instrument discontinued at any time prior to the earlier of. (a) 5 days (or such other period as
ITEM 19501-4 (9412) Form 3039 9/90
GREATLAND ¦
(Page 4 of 6 pages) To Order Call: 1-800-530-939311 Fax 616.791-1131
soots 162 PAGE 439
applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this
Security Instrument; or (b) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower:
(a) pays Lender all sums which then would be due under this Security instrument an d the Note ti if no acceleration had
occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security
Instrument, including, but not limited to, reasonable attorneys' fees; and (d) takes such action as Lender may reasonably
require to assure that the lien of this Security Instrument, Lender's rights in the op and Borrower's obligation pay the erty
sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, thist Security
Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this
right to reinstate shall not apply in the case of acceleration under paragraph 17.
19. Sale of Note; Change of Loan Servicer. The Note or a partial interest in the Note (together with this Security
Instrument) may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity
(known as the "Loan Service") that collects monthly payments due under the Note and this Security Instrument. There also
may be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer,
Borrower will be given written notice of the change in accordance with paragraph 14 above and applicable law. The notice
will state the name and address of the new Loan Service and the address to which payments should be made. The notice will
also contain any other information required by applicable law.
20. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any
Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the
Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or
storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal
residential uses and to maintenance of the Property.
Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any
governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental
Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority,
that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall
promptly take all necessary remedial actions in accordance with Environmental Law.
As used in this paragraph 20, "Hazardous Substances" are those substances defined as toxic or hazardous substances by
Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic
pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used
in this paragraph 20, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that
relate to health, safety or environmental protection.
NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
21. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's
breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under 17
unless applicable law provides otherwise). Lender shall notify Borrower of, among other things: the paragraph ) default; he
action required to cure the default; (c) when the default must be cured; and (d) that failure to cure the default ass
specified may result in acceleration of the sums secured by this Security Instrument, foreclosure b
and sale of the Pro by judicial proceeding
party. Lender shall further inform Borrower of the right to reinstate after acceleration and the right
to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration
and foreclosure. If the default is not cured as specified, Lender at its option may require immediate payment in full of
all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by
judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this
paragraph 21, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by
applicable law.
22. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate
conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument
without charge to Borrower. Borrower shall pay any recordation costs.
23. Waivers. Borrower, to the extent permitted by applicable law, waives and releases any error or defects in
proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay
of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption.
24. Reinstatement Period. Borrower's time to reinstate provided in paragraph 18 shall extend to one hour prior to the
commencement of bidding at a sheriffs sale or other sale pursuant to this Security Instrument.
25. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire
title to the Property, this Security Instrument shall be a purchase money mortgage.
26. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the
Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note.
ITEM 1950L5 (9511)
eoo? f 625 racy 440
Form 3039 9/90
(Page 5 of 6 pages) Ta Order Call: 1800-530-939317 Fax EATIL ND ¦
27. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with
this Security Instrument, the covenants and agreements of each such rider shall be incorporated into and shall amend and
supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument.
[Check applicable box(es)]
? Adjustable Rate Rider ? Condominium Rider
? 1-4 Family Rider
? Graduated Payment Rider ? Planned. Unit Development Rider
? Biweekly Payment Rider
? Balloon Rider ? Rate Improvement Rider Second Home Rider
? Other(s) [specify]
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in pages 1 through 6 of this
Security Instrument and in any rider(s) executed by Borrower and recorded with
(Seal) • ` (Seal)
Borrower -Borrower
(Seal) (S)
-Borrower
-Borrower
(Seal) (Seal)
Witness: -Borrower -Borrower
Witness:
COMMONWEALTH OF PENNSYLVANIA, Cumberland County ss:
On this, the 13th day of July, 2000 , before me,
the undersigned officer, personally appeared MICHAEL P. SCHELL, single person
proven) to be the person whose name is known to me (or satisfactorily that he executed the same for the purpose herein contained. subscribed to the within instrument and acknowledged
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
M [!!Commission ex 'res:
NOTARIAL SEAL _ L J
LE ELUOTT, NOTARY K%M
HUMMELIM", DAMIN COUNTY, PA not,
MY COMM1331ON EXPIRES JUNE A, 200.1 -
CERTIFICATE OF RESIDENCE I,
do hereby certify that the correct address of the within named lender is
e-e ft.4
51 SOUTH FRONT STREET
STEELTON, PA 17113
Witness my hand this 13th day of
July , 2000
Agent of Lender
ITEM 19501-6 (9511) (Page 6 of 6 pages)
oON 16'15 rAct
Form 3039 9/90
GREAT1-AND ¦
To Order Call: 1-800-530-9393 ? Fax 616-791-1131
04/11/2008 16:35 717-939-2629
04/11/2898 14:60 7172$21325
1
MID PENN BANK PAGE 06/08
SEARCH SO-UTIONB INC
PACE 04/06
YD>?A?+1?x70?0R?ttelMl Wti.rW?rrdewbe
seam chmsmhvwwetdmWWWW A ier04mdpr&ee?
A1?1Dt11?W4?i+eroaeelwde,eU1i!?ieretwwb,
eow? sIrl fs?tw??es n/Mr1ad? >11tLIkF*iR?bto
e /M?edaNeN/d?lelr ar?lerlwe?eelMtl?w?e 11 so>s?hlaa -11
leelh"m?dwlobaw?tl?eMw?-6 etrwwtl}IIl,lrAei?
Wup*%gpbo ampmrMI?a#IR?tMti? W?re?WO?galYle
w utpm B?8oF,9e?trp?eW.aro.?nepeef.?aa..ro.setl?eirYn?saoa
eats ft d w 7w *n dm w
mac OOr
m?
'A lFj
R
iRtliR P. sCFffiCL A
aoWAONVEATZAK CPtlOWMVAWA
cmmlVcF
I plow MILL adwmv.
"Nmm? ew mom tjriWpmp m deedb
ev?+e>vea.
trr , I>sse.?o ?rgtw.e,peet&ot rat
?P ,
, OP,
1/2008 16:35 717-939-2629
04/11/2988 14:00 7172921325
r.
MID PENN BANK PAGE 07/08
SEARCH SOLUTIONS INC
XxmW"A'
ALL WA! Afti
co pM?. r teat a/ `od a4tot? ? 7tiwaiir Aho. ?,?
Co>tibalook etdd tooofada:id?s?oer afflM took
SIG IRa}etita?he?om?.auto.arAkwwOldwaeA?npt?aoo?oeaffraR int.
2Zsip?de6eieU0 RllisfiaRl?rweytlrlMi?gd wnLONNA
ZI ..? =esoW ?? 06 Oi i?ow 01 taMmf? ff3,li Apt ooa?ol? •eoe aM? ?
d?to:11lu4Mn11itr.9Dl?asNbrllio?llirsw.eeoto?Lorlio.74 s1 Zf
ip??oM4latliwaf IIDtfre? two 0 Pat da tic "ohm an st
41?1?1?19? 9!
fr+4Yl?lo'1! pR ? ?e tides: ? ?f?ekss ? b'f+o ?? wfA ?o1e?1
ss?.
?Ri f?1?lo.si kfielladLawe??dba. Alaeee'ItorNa. ?.? y Melded Iabe
C? ?!'?eooldee'?i t7moeh l?foole f? ? ? l!.
'A?eoDdeewoer?nmYeow>dde1G?IN,NeOro wdkoq?i?tiA+?rf1??4f4?AyMd
'I?sa>ode?a.ls?el.eenoaeea'l0ow.. %19041GRO Mi Otf -ftl*fDa4fe.mdAs
?lee3 cnn?h
W aaVa . Maud foot 06 Vdm gZ. rap
MR** 4p,s•bd..e rwe ttotL
a ,aewakriseee>e?e?,
vrm0e I1pD ,,rnu,l,1„?fo o„ +e?fo?fm?,ip..?io?R.ullaoebe?.sd son
?4'+??o?Mfle,pa? fnpe?o nl'pw?deer.
cacevsx a0l?RSf?RlA7?4P /119DaSW0MW4XtffTAXM0WY
06 a`
N ?
a o
g ?
b
e.7
.•
PAGE 05/06
EXHIBIT "A"
ALL THAT CERTAIN piece or parcel of land situate in the Township of Upper Allen,
County of Cumberland, and Commonwealth of Pennsylvania, bounded and described as
follows, to wit:
BEGINNING at a point on the southern line of Herman Drive at the northwestern corner
of lot No. 22 as shown on the hereinafter mentioned Plan of Lots; thence by the dividing
line between Lots No. 21 and 22 on said Plain, South 06 degrees 01 minute East, 113.93
feet to a point; thence South 83 degrees 59 minutes West, 93 feet to a point; thence by the
dividing line between Lots No. 20 and 21 on said Plan, North 06 degrees, 01 minute
West, 113.93 feet to a point on the southern line of Herman Drive; thence by the southern
line of Herman Drive, North 83 degrees 59 minutes East, 93 feet to a point, the place of
beginning.
HAVING THEREON ERECTED a single brick and aluminum ranch type dwelling with
integral garage.
BEING Lot No. 21 in the Plan of Lots of Jacob S. Stoner, Tract No. 2, which Plan is
recorded in the Cumberland County Recorder's Office in Plan Book 14, at Page 19.
SUBJECT, NEVERTHELESS, to the restrictions and reservations of record with the said
Plan.
BEING THE SAME PREMISES which Kenneth W. Peters and Jacqueline J. Peters, his
wife, by their Deed dated November 3, 1967, and recorded November 8, 1967 in the
Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Record
Book "O", Volume 22, Page 489, granted and conveyed unto Paul L. Schell and Ruth F.
Schell, his wife, the Grantors herein.
recording of Duads
nty
7K) `} gar, a Cow
V P e
i? my hand I of is of
Carlisle, P is da
ecor r
000 IG2. rake 442
EXHIBIT
N
d
E
ADJUSTABLE RATE NOTE
(3 Year Treasury Index - Rate Caps)
THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE AND
MY MONTHLY PAYMENT. THIS NOTE LIMITS THE AMOUNT MY INTEREST RATE CAN CHANGE
-? AT ANY ONE TIME AND THE MAXIMUM RATE I MUST PAY.
July 13, 20001:kx
Stiaty? on ? Pennsy qa is
1[State?
915 Herman Drive, Mechanicsburg, PA 17055
[Property Address]
1. BORROWER'S PROMISE TO PAY
In return for a loan that I have received, I promise to pay U. S. $ 8 0 , 0 0 0.0 0
"principal"), plus interest, to the order of the Lender. The Lender is (this amount is called
MECHANICS SAVINGS BANK
I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who
is entitled to receive payments under this Note is called the "Note Holder."
2. INTEREST
Interest will be charged on unpaid principal until the full amount of principal has been paid. I will pay interest at a
yearly rate of 7. 7 5 %. The interest rate I* will pay will change in accordance with Section 4 of this Note.
The interest rate required by this Section 2 and Section 4 of this Note is the rate I will pay both before and
after any default described in Section 7(B) of this Note.
3. PAYMENTS
(A) Time and Place of Payments
I will pay principal and interest by making payments every month.
I will make my monthly payments on the first day of each month beginning on September 1, 2000,
X" . I will make these payments every month until I have paid all of the principal and interest and any other charges
described below that I may owe under this Note. My monthly payments will be applied to interest before principal. If,
on August 1, 2030 ?A , I still owe amounts under this Note, I will pay those amounts in full on that
date, which is called the "maturity date."
Iwill make my monthly payments at 51 South Front Street, Steelton, PA
place if required by the Note Holder. 17113 or at a different
(B) Amount of My Initial Monthly Payments
Each of my initial monthly payments will be in the amount of U. S. $ 573.13
This amount may change.
(C) Monthly Payment Changes
Changes in my monthly payment will reflect changes in the unpaid principal of my loan and in the interest
rate that I must pay. The Note Holder will determine my new interest rate and the changed amount of my monthly
payment in accordance with Section 4 of this Note.
4. INTEREST RATE AND MONTHLY PAYMENT CHANGES
(A) Change Dates
The interest rate I will pay may change on the first day of August 2003 Mx
every 36th month thereafter. Each date on which my interest rate could change is called a "Change and on Date. that day
(B) The Index
Beginning with the first Change Date, my interest rate will be based on an Index. The "Index" is the weekly
average yield on United States Treasury securities adjusted to a constant maturity of 3 years, as made available by
the Federal Reserve Board. The most recent Index figure available as of the date 45 days before each Change Date
is called the "Current Index."
MULTISTATE ADJUSTABLE RATE NOTE 3 YEAR ARM-Single Family-Fannie Mae/Freddie Mac Uniform Instrument
40862 (8807) Form 3504 7/88
• VMP MORTGAGE FORMS * 13131293-81nn . ianmc•,, --
J If the Index is no longer available, the Note Holder will choose a new index that is based upon comparable
information. The Note Holder will give me notice of this choice.
(C) Calculation of Changes
Before each Change Date, the Note Holder will calculate my new interest rate by adding three
percentage points ( 3.0 0 %) to the Current Index. The Note Holder will then round the
result of this addition to the nearest one-eighth of one percentage point (0.125%). Subject to the limits stated in Sec-
tion 4(D) below, this rounded amount will be my new interest rate until the next Change Date.
The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay
the unpaid principal that I am expected to owe at the Change Date in full on the maturity date at my new interest
rate in substantially equal payments. The result of this calculation will be the new amount of my monthly (D) Limits on Interest Rate Changes Y Y payment.
The interest rate I am required to pay at the first Change Date will not be greater than 9.7 5 % or less than
5.75 010. Thereafter, my interest rate will never be increased or decreased on any single Change Date by more
than two percentage points (2.0%) from the rate of interest I have been paying for the preceding 36 months. My interest
rate will never be greater than 12 . 7 5 %,
(E) Effective Date of Changes
My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly
payment beginning on the first monthly payment date after the Change Date until the amount of
.
changes again. my monthly payment
(F) Notice of Changes
The Note Holder will deliver or mail to me a notice of any changes in my interest rate and the amount of my
monthly payment before the effective date of any change. The notice will include information required by law to be
given me and also the title and telephone number of a person who will answer any question I may have regarding
the notice.
5. BORROWER'S RIGHT TO PREPAY
I have the right to make payments of principal at any time before they are due. A a
is known as a "prepayment." When I make a prepayment, I will tell the Note Holder in writing ethat I am doing so.
I may make a full prepayment or partial prepayments without paying any prepayment
will use all of my prepayments to reduce the amount of principal that I owe under this Note. If I make ah partial He pay-
ment, there will be no changes in the due dates of my monthly payments unless the Note Holder agrees in writing
to those changes. My partial prepayment may reduce the amount of m monthly
following my partial Y Y Payments after the first Change Date
prepayment. However, any reduction due to my partial prepayment may be offset by an interest
rate increase.
6. LOAN CHARGES
If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the
interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then:
(i) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and
(ii) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder
may choose to make this refund by reducing the principal I owe under this Note or by making a direct a
me. If a refund reduces principal, the reduction will be treated as a partial re a P yment to
7. BORROWER'S FAILURE TO PAY AS REQUIRED P P yment.
(A) Late Charges for Overdue Payments
If the Note Holder has not received the full amount of any monthly payment b the end of
calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount o15
f the charge will be
5 % of my overdue payment of principal and interest. I will pay this late charge promptly but only once
on each late payment.
(B) Default
If I do not pay the full amount of each monthly payment on the date it is due, I will be in default.
(C) Notice of Default
If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue
amount by a certain date, the Note Holder may require me to pay immediately the full amount of principal which
has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date
on which the notice is delivered or mailed to me.
(D) No Waiver By Note Holder
Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as
described above, the Note Holder will still have the right to do so if I am in default at a later time.
(E) Payment of Note Holder's Costs and Expenses
If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have
the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited
by applicable law. Those expenses include, for example, reasonable attorneys' fees.
8. GIVING OF NOTICES
Unless applicable law requires a different method, any notice that must be given to me under this Note will
be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address
if I give the Note Holder a notice of my different address.
Any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mail
to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that
different address.
9. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises
made in this Note, including the promise to pay the full amount owed. An
dorser of this Note is also obligated to do these things. Any y person who is a guarantor, surety or en-
obligations this a y person who takes over these obligations, including the
guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this
Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us
together. This means that any one of us may be required to pay all of the amounts owed under this Note.
10. WAIVERS
I and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor.
"Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of dishonor"
means the right to require the Note Holder to give notice to other persons that amounts due have not been paid.
11. UNIFORM SECURED NOTE
This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections
given to the Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the "Security Instrument")
dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep
the promises that I make in this Note. That Security Instrument describes how and under what conditions I may be
required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described
as follows:
Transfer of the Property or a Beneficial Interest in Borrower. If all or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold orrtrans erred and Bor-
rower is not a natural person) without Lender's prior written consent, Lender may, at its option, require
immediate payment in full of all sums secured by this Security Instrument. However, this option shall not
be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument.
Lender also shall not exercise this option if: (a) Borrower causes to be submitted to Lender information re-
quired by Lender to evaluate the intended transferee as if a new loan were being made to the transferee;
and (b) Lender reasonably determines that Lender's security will not be impaired by the loan assumption
and that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable to Lender.
To the extent permitted by applicable law, Lender may charge a reasonable fee as a condition to Lender's
consent to the loan assumption. Lender may also require the transferee to sign an assumption agreement
that is acceptable to Lender and that obligates the transferee to keep all the promises and agreements made
in the Note and in this Security Instrument. Borrower will continue to be obligated under the Note and this
Security Instrument unless Lender releases Borrower in writing.
If Lender exercises the option to require immediate payment in full, Lender shall give Borrower notice
of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered
or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails
to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this
Security Instrument without further notice or demand on Borrower.
J
WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED
XCHAEL P. SCHELL (Seal)
-Borrower
_ (Seal)
-Borrower
(Seal)
-Borrower
(Seal)
-Borrower
[Sign Original Only]
P, 41_
01
COMBINED ACT 91/ACT 6 NOTICE
DATE: March 3, 2008 HOMEOWNER'S NAME (S): Michael P. Schell
Property Address (es): 915 Herman Drive
Mechanicsburg, PA 17055
CREDITOR: Mid Penn Bank, 349 Union St. Millersburg, PA 17061
LOAN ACCT. Number: 9804519
YOUR MORTGAGE IS IN DEFAULT FOR THE REASONS SET
FORTH IN THIS NOTICE
YOUR LENDER MAY FORECLOSE AND YOU MAY LOSE YOUR
HOME
IF YOU WANT TO SA VE YOUR HOME FROM FORECLOSURE, YOU
MUST TAKE A CTION NO W B Y EITHER:
L CURING THE DEFAULT--This notice explains the nature of the default and your
rights to protect your interest in your home (See Section 403 of the Act of January 30,
1974 (P. L. 13, No. 6), 41 P. S. Section 403); OR
2. APPLYING TO THE HOMEOWNER'S EMERGENCYMORTGAGE ASSISTANCE
PROGRAM FOR FINANCIAL ASSISTANCE WHICH CAN SA VE YOUR HOME FROM
FORECLOSURE AND HELP YOUMAKE FUTURE MORTGAGE PAYMENTS--Read this
notice to find out how the program works. You must meet with a Consumer Credit
Counseling Agency within 30 days of the date of this notice in order to apply. See Act
of December 23, 1983 (P. L. 385, No. 91),35 P. S. Section 1680.201c-1680.409c. If
you need more information, call the Pennsylvania Housing Finance Agency at 1-(800)-
342-2397.
LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES
AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO
COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA
TRADUCCION INMEDIATAMENTE LLAMANDO ESTA AGENCIA
(PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO
MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR
EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE
ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA
DEL DERECHO A REDIMIR SU HIPOTECA.
EXHIBIT
EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAYBE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH
CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU
MAKE FUTURE MORTGAGE PAYMENTS
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S
EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU
MAY BE ELIGIBLE FOR EMERENCY MORTGAGE ASSISTANCE IF YOUR
DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR
CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF RESUMING
YOUR MORTGAGE PAYMENTS AND IF YOU MEET OTHER ELIGIBILITY
REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING
FINANCE AGENCY. PLEASE READ ALL OF THIS NOTICE. IT CONTAINS
AN EXPLANATION OF YOUR RIGHTS.
TEMPORARY STAY OF FORECLOSURE--Under the Act, you are entitled to a
temporary stay of foreclosure on your mortgage for thirty-days (30 days) from the date of
this Notice. During that time you must arrange and attend a "fact-to-face" meeting with a
representative of the creditor or with a designated consumer credit counseling agency.
The purpose of this meeting is to attempt to work out a repayment plan or to otherwise
settle your delinquency. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS.
HOW TO CONTACT THE CREDITOR:
Name of Creditor: Mid Penn Bank
Address: 349 Union Street
Millersburg, PA 17061
Phone Number: 717-939-1966
Contact Person: Scott D. Washinger
CONSUMER CREDIT COUNSELING AGENCY--If you meet with your creditor or
with a consumer credit counseling agency identified in this notice, the creditor may NOT
take action against you for thirty-days (30 days) after the date of this meeting. The names
and addresses of designated consumer credit counseling agencies for the county in which
the property is located are shown on the attached sheet. It is only necessary to schedule
one face-to-face meeting. Advise your creditor immediately of your intentions.
APPLICATIONS FOR MORTGAGE ASSISTANCE--Your mortgage is in default
for the reasons set forth in this Notice. If you have tried and are unable to resolve this
problem with the creditor, you have the right to apply for financial assistance from the
Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out,
sign and file a completed Homeowner's Emergency Assistance Program Application with
one of the designated consumer credit counseling agencies listed on the attachment. Only
consumer credit counseling agencies have applications for the program and they will
assist you in submitting a complete application to the Pennsylvania Housing Finance
2
Agency. Your application MUST be filed or postmarked within thirty-days (30 days) of
your face-to-face meeting.
YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO
DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET
FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR
HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE
ASSISTANCE WILL BE DENIED.
AGENCY ACTION--Available funds for emergency mortgage assistance are very
limited. They will be disbursed by the Agency under the eligibility criteria established by
the Act. It is extremely important that your application is accurate and complete in every
respect. The Pennsylvania Housing Finance Agency has sixty-days (60 days) to make a
decision after it receives your application. During that time, no foreclosure proceedings
will be pursued against you if you have met the time requirements set forth above. You
will be notified directly by the Pennsylvania Housing Finance Agency of its decision on
your application.
THE PENNSYLVANIA HOUSING FINANCE AGENCY IS LCOATED AT
2101 NORTH FRONT STREET, POST OFFICE BOX 8029, HARRISBURG,
PENNSYLVANIA 17105. TELEPHONE NO. (717) 780-3800 OR 1-800-342-2397
(TOLL FREE NUMBER). PERSONS WITH IMPAIRED HEARING CAN CALL
(717) 780-1869.
HOW YOUR MORTGAGE IS IN DEFAULT
NATURE OF THE DEFAULT--The MORTGAGE debt held by the above creditor
on your property located at 915 Herman Drive Mechanicsburg, PA 17055 is seriously in
default because:
A. YOU HAVE NOT MADE THE MONTHLY MORTGAGE PAYMENTS.
The following amounts are now past due:
Payments of Principal and Interest: $3,279.48
Escrow charges: __L0
Late charges: 277.85
Attorney Fees/costs:
Other charges (explain):
TOTAL AMOUNT PAST DUE: $3,557.33
3
HOW TO CURE THE DEFAULT--You may cure the default within THIRTY (30)
DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE to
the creditor plus any additional monthly payments and late charges which may fall due
after the date of this notice and date you make your payment. Payments must be made
either by cash, cashier's check, certified check or money order made payable and sent to:
Mid Penn Bank
349 Union Street
Millersburg, PA 17061
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 creditor intends to exercise its right
to accelerate the mortgage debt. This means that the entire outstanding balance of this
debt will be considered due immediately and you may lose the chance to pay the
mortgage in monthly installments. If full payment of the total amount past due is not
made within THIRTY (30) DAYS, the creditor also intends to instruct its attorneys to
start a lawsuit to foreclose upon your mortgaged property.
IF THE MORTGAGE IS FORECLOSED UPON--The mortgaged property will be
sold by the Sheriff to pay off the mortgage debt. If the creditor refers your case to its
attorneys, but you cure the delinquency before the creditor begins legal proceedings
against you, you will still be required to pay the reasonable attorney's fees that were
actually incurred, up to $50.00. However, if legal proceedings are started against you,
you will have to pay all reasonable attorney's fees actually incurred by the creditor even if
they exceed $50.00. Any attorney's fees will be added to the amount you owe the
creditor, which may also include other reasonable costs. If you cure the default within the
THIRTY (30) DAYperiod, you will not be required to pay attorney's fees.
OTHER CREDITOR REMEDIES--The creditor may also sue you personally for the
unpaid principal balance and all other sums due under the mortgage.
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE--If you have not
cured the default within the THIRTY (30) DAY period and foreclosure proceedings have
begun, you still have the right to cure the default and prevent the sale at any time up to
one hour before the Sheriff's Sale. You may do so by paying the total amount plus any
late or other charges then due, reasonable attorney's fees and costs connected with the
foreclosure sale and any other costs connected with the Sheriff's Sale and by performing
any other requirements under the mortgage.
EARLIEST POSSIBLE SHERIFF'S SALE DATE--It is estimated that the earliest
date that such a Sheriff's Sale of the mortgaged property could be held would be
approximately three months from the date of this Notice. A notice of the actual date of
the Sheriff s Sale will be sent to you before the sale. Of course, the amount needed to
cure the default will increase the longer you wait. You may find out at any time exactly
what the required payment or action will be by contacting the creditor. If money is due,
4
such payment must be in cash, cashier's check, certified check or money order made
payable to the creditor at the address set forth above.
EFFECT OF SHERIFF'S SALE-- You should realize that a Sheriff's Sale will end
your ownership of the mortgaged property and your right to occupy it. If you continue to
live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings
and other belongings could be started by the creditor at any time.
OTHER RIGHTS THAT YOU HAVE--You have additional rights to help protect your
interest in the property:
YOU ALSO HAVE THE RIGHT:
* TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE
MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING
INSTITUTION TO PAY OFF THIS DEBT.
* TO SELL OR TRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE TO
A BUYER OR TRANSFEREE WHO WILL ASSUME THE MORTGAGE DEBT,
PROVIDED THAT ALL THE OUTSTANDING PAYMENTS, CHARGES AND
ATTORNEY'S FEES AND COSTS ARE PAID PRIOR TO OR AT THE SALE AND
THAT THE OTHER REQUIREMENTS OF THE MORTGAGE ARE SATISFIED.
CONTACT THE CREDITOR TO DETERMINE UNDER WHAT CIRCUMSTANCES
THIS RIGHT MIGHT EXIST.
* TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON
YOUR BEHALF.
* TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO
DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU
DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE
TIMES IN ANY CALENDAR YEAR.)
* TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE
PROCEEDING OR ANY OTHER LAWSUIT INSTITUED UNDER THE MORTGAGE
DOCUMENTS.
* TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO
SUCH ACTION BY THE CREDITOR.
5
?$ z
??
C) r
?s
m
0
d K m d
Q
? ?
O
02
al
E
p
:w
f 'o
LtLmm?
?o3.cm a
EE v ?.'td s •-
? \
d C, ? u O v
a
`
qo
W N
A-3 -
P'!P1
f
O
1 ?y?
j
O L V
fU L7
? ?
IU
cc) ?I
_
? ? cc
1
7 3
p O
O
2 '
LL
.
Z co
io
a
EXHIBIT
V
to F_
3
3 LO
0
n
I
W
C O
O
i w o
0
Jr
---??. d
ru
Ln
?•-• nJ
r-
CE)
-?`?- `n
0
Lu Q
C-D W
La. j f---
C= C/D
LLJ
t? 0'
CJ M
R
?• 1
Z?
Z
ro
C3
o
a
O
r
a
m e
Ze
m
Z5
m
U)
0
0
e
as
c?
a
-4.
EXHIBIT
aG
ti
i-
CL
W 0
C..-) LLJ
w F--
cc ?
w
Z -D
C7C CO'
U-J
n
f
j
Qn
R?
r!
C
•
Johnson, Duffie, Stewart & Weidner
By: Elizabeth D. Snover, Esquire
I.D. No. 200997
301 Market Street
P. 0. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
eds@jdsw.com
MID PENN BANK, as successor by merger
of MECHANICS SAVINGS BANK,
Plaintiff
V.
NO. 08-2837 CIVIL TERM
CIVIL ACTION - LAW
MICHAEL P. SCHELL and THE UNITED
STATES OF AMERICA ACTION IN MORTGAGE FORECLOSURE
Defendant
STIPULATION
It is hereby stipulated and agreed by and between Mid Penn Bank, plaintiff and
the defendant, United States of America, as follows:
1. That the premises referred to in the Complaint is owned by the defendant,
Michael P. Schell.
2. The plaintiff filed an action in mortgage foreclosure to the above number
and term, and named as defendants, Michael P. Schell and the United States of America.
Attorneys for Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
3. The parties hereby agree that the United States of America shall, and
r
•
hereby is, named as a party in the above action, in accordance with 28 U.S.C. § 2410 et seq.
4. The United States of America hereby accepts service of the Complaint
and waives its right to file an answer or other responsive pleading thereto, and waives any
objection it may have to the judgment entered against the defendant.
5. The United States of America has two (2) tax liens against the property
which are subject to the action of mortgage foreclosure, Lien No. 04-827-F.T.L. and Lien No.
07-5891 F.T.L., totaling Ninety Five Thousand Five Hundred and Seven Dollars and seven
cents ($95,507.07) in principal, both entered in the Prothonotary's office of Cumberland County,
Pennsylvania.
6. That the Federal tax liens referred to in paragraph five (5) in an amount
totaling $95,507.07 in principal are junior in time to the plaintiff's mortgage set forth in
paragraphs five and six (5-6) of plaintiff's Complaint.
7. That the defendant, United States of America, agrees to the entry in this
action of a judgment in favor of the plaintiff and against the United States of America for
foreclosure and sale of the mortgaged property.
8. That the defendant, United States of America, is not indebted to the
plaintiff.
9. That the aforesaid premises shall be sold at a judicial sale, notice of
which shall be served on the defendant, United States of America.
10. That the judicial sale of said property shall discharge the Federal Tax
Liens referred to in paragraph five (5).
11. That the proceeds of sale shall be divided and distributed as the parties
may be entitled and any funds due the United States shall be sent to the Internal Revenue
Service, P.O. Box 1267, Harrisburg, PA 17108-1267. The check shall be made payable to
"United States Treasury" and shall include the name and social security number of the taxpayer.
w •
12. That the defendant, United States of America, preserves its right of
redemption as provided in Title 28, United States Code, Section 2410(c).
13. The parties to this Stipulation shall bear their respective costs in this
proceeding.
117 -
Dated: S -3k By: ?141;Ax 2&=
Elizabeth . Snover
Attorney r Plaintiff Mid Penn Bank
MARTIN C. CARLSON
Acting United States Attorney
Dated: b By:
Melissa A. Swauger
Assistant U.S. Attorney
Attorney for United States of America
3
a
z?.
, :
r,? ' '""? ?,?
rte' ..
i ,C,
:??
.. '
by _
t"} ?'
??. ?1
?
h ??
']
?Y f .Y
SHERIFF'S RETURN - REGULAR
CASE NO: 2008-02837 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
MID PENN BANK
VS
SCHELL MICHAEL P ET AL
STEPHEN BENDER
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE was served upon
SCHELL MICHAEL P
DEFENDANT
the
, at 1735:00 HOURS, on the 8th day of May , 2008
at 915 HERMAN DRIVE
MECHANICSBURG, PA 17055
MICHAEL SCHELL
by handing to
a true and attested copy of COMPLAINT - MORT FORE together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 10.00
Postage .58
Surcharge 10.00
.00
38.58
Sworn and Subscibed to
before me this
day
So Answers:
r
R. Thomas Kline
05/09/2008
JOHNSON DUFFIE STEWART WEIDNER
By:
15&puty Sheriff
of A. D.
Johnson, Duffle, Stewart & Weidner
By: Elizabeth D. Snover, Esquire
I.D. No. 200997
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
eds@jdsw.com
MID PENN BANK, as successor by merger
of MECHANICS SAVINGS BANK,
Plaintiff
V.
MICHAEL P. SCHELL and THE UNITED
STATES OF AMERICA
Defendant
Attorneys for Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 08-2837 CIVIL TERM
CIVIL ACTION - LAW
ACTION IN MORTGAGE FORECLOSURE
PRAECIPE FOR DEFAULT JUDGMENT
TO THE PROTHONOTARY:
Enter judgment by default in favor of the Plaintiff, and against the Defendant, Michael P.
Schell, in the amount of Seventy Six Thousand Seven Hundred Two Dollars and thirty-six cents
($76,702.36), together with interest thereon at the rate of 7.75% from April 30, 2008, and the
costs of this suit, by reason of the failure of the Defendants to enter an appearance or to file an
Answer within 20 days of the date of service of the Complaint endorsed with a notice to defend.
It is hereby certified that written notice of intention to file this Praecipe was mailed to the
Defendant, Michael P. Schell, at his residence on May 28, 2008; said notice being mailed after
the default occurred and at least ten (10) days prior to the date of the filing of this Praecipe. A
true and correct copy of the aforesaid notice, together with receipts for mailing, are attached
hereto and made a part hereof.
Respectfully submitted,
Dated: _N6 0 G By:
Elizabe . Snover
Attorney for Plaintiff Mid Penn Bank
U S Po,,Ial Set v qj,
GFRTIFIED MAIL RECEIr i
(Domestic Mail Only; No Insurance Coverage Provided)
Total Postage & Fees I $ r V PV -3-1
O To
C3 J?e
---- -------------------
or PO Box No.
igs 3iiiti 33«4 - --- ---- -- -- - ---m Q -- ??J?? :----------
C aa; D.sS
¦ Complete Items 1. 2, and 3. Also complete
h ern 4 If Restricted Delivery is desired.
Print your name and address on the reverse
so that we can return the card to you.
¦ Attach this card to the back of the mallpiece,
or on the front if space permits.
1. Article Addressed to. n C r
9/S I?erMa? ,Ui?`v,L
ec{?aH Ic s du? p 171955-
A.
Q Agm
ArllMttwe
B. Rwetved by ( Marne) C. Dave of Delwry
D. is deNvery eddrs
K YES, errter dress be ?]
3. type N%IJNDV
CbrtMkd MaN E?rese Mak
Registwed 0 Return Receipt for Mwdwndlse
13 insured and 0 C.o.D.
4. Restricted DelhNW (F_xtra Fee) O It s
2. Amble Number
(nartewftMaw**Mw 7004 1350 0003 4502 5625
PS Farm 3811, Fdmwy tow Domallo Fletta. AsaW 102315p44.18 !
JERRY R. DUFFIE
RICHARD W. STEWART
E COPY MELISSA PEEL GREEVY
ROBERT M. WALKER
C. ROY WEIDNER, JR. FIL WADE D. MANLEY
EDMUND G. MYERS ELIZABETH D. SNOVER
DAVID W. DELUCE KELLY L. BONANNO
JOHN A. STATLER L A 1?J OFFICE S
JEFFERSON J. IPPvIAN
JEFFREY B. RET TIG
O OF COUNSEL
KEVIN E. OSBORNE HORACE A. JOHNSON
RALPH H. WRIGH WRIGHT, JR. DUFFIE
F. LEE SHIPMAN
MARK C. DUFFIE
JOHN R. NINOSKY (1965-2006)
MICHAEL J. CASSIDY
Mv'ftaii;r'S F.m., No. 136
May 28, 2008
VIA FIRST CLASS MAIL AND CERTIFIED MAIL RETURN RECEIPT REQUESTED
Michael P. Schell
915 Herman Drive
Mechanicsburg, PA 17055
Re: Mid Penn Bank v. Michael P. Schell and United States of America
Cumberland County No. 2008-2837 Civil Term
Dear Mr. Schell:
Enclosed is an Important 10 Day Notice in the above matter. If you should have any
questions, please have your attorney contact me or, if I am unavailable, my assistant Chris Hakel.
Very truly yours,
Johnson, Duffle, Stewart & Weidner
Elizabeth t - . Snover
EDS:333911
12518-30
Enclosures
cc: Mid Penn Bank (w/ enclosure)(via first class mail)
301 MARKET STREET P.O. BOX 109 LEMOYNE, PENNSYLVANIA 17043-0109
WWW.JDSWCOM 717.761.4540 FAX: 717.761.3015 MAIL@JDSWCOM
JOHNSON, DUFFIE, STEWART & WEIDNER, P.C.
Johnson, Duffle, Stewart & Weidner
By: Elizabeth D. Snover, Esquire
I.D. No. 200997 Attorneys for Plaintiff
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
eds@jdsw.com
MID PENN BANK, as successor by merger IN THE COURT OF COMMON PLEAS OF
of MECHANICS SAVINGS BANK, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V.
NO. 08-2837 CIVIL TERM
CIVIL ACTION - LAW
MICHAEL P. SCHELL and THE UNITED
STATES OF AMERICA ACTION IN MORTGAGE FORECLOSURE
Defendant
IMPORTANT 10 DAY NOTICE
TO: Michael P. Schell
915 Herman Drive
Mechanicsburg, PA 17055
DATE OF NOTICE: May 28, 2008
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT
YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU.
UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A
JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY
LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS
NOTICE TO A LAWYER AT ONCE.
IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL
HELP.
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
(800) 990-9106
(717) 249-3166
JOHNSON, DUFFIE, STEWART & WEIDNER
By
Elizabeth. Snover
2
CERTIFICATE OF SERVICE
AND NOW, the 28th day of May, 2008, the undersigned does hereby certify that she did
this date serve a copy of the foregoing document upon the parties of record by causing same to
be deposited in the United States Mail, certified mail return receipt requested, in Lemoyne,
Pennsylvania, addressed as follows:
Michael P. Schell
915 Herman Drive
Mechanicsburg, PA 17055
Respectfully submitted,
JOHNSON, DUFFIE, STEWART & WEIDNER
s? .
By: if .l?'Z L t?
Elizabeth p) Snover
Attorney I'D. 200997
301 Market Street
P. O. Box 109
Lemoyne, PA 17043-0109
(717) 761-4540
Attorneys for Plaintiff
3
CERTIFICATE OF SERVICE
AND NOW, the 9t' day of June, 2008, the undersigned does hereby certify that she did
this date serve a copy of the foregoing document upon the parties of record by causing same to
be deposited in the United States Mail, certified mail return receipt requested, in Lemoyne,
Pennsylvania, addressed as follows:
Michael P. Schell
915 Herman Drive
Mechanicsburg, PA 17055
Melissa A. Swauger
Assistant U.S. Attorney
Harrisburg Federal Building and Courthouse
228 Walnut Street, Suite 220
P.O. Box 11754
Harrisburg, PA 17108-1754
Respectfully submitted,
JOHNSON, DUFFIE, STEWART & WEIDNER
By:
S44?Wt'4'-
ElizabdtA D. Snover
Attorney I.D. 200997
301 Market Street
P. O. Box 109
Lemoyne, PA 17043-0109
(717) 761-4540
Attorneys for Plaintiff
,? ? o91f O-d
h 9 l) -c 4r
Os"l oL Ir -f d 9(9 17 / I
VINV MAS% j,-
Jl. noo Qm-!F
,.9-nno
MID PENN BANK, as successor by merger :
of MECHANICS SAVINGS BANK,
Plaintiff
V.
MICHAEL P. SCHELL and THE UNITED
STATES OF AMERICA
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 08-2837 CIVIL TERM
CIVIL ACTION - LAW
ACTION IN MORTGAGE FORECLOSURE
NOTICE OF ENTRY OF JUDGMENT- Pa.R.C.P. 236
NOTICE IS HEREBY GIVEN THAT A JUDGMENT IN THE ABOVE CAPTIONED
MATTER HAS BEEN ENTERED AGAINST YOU.
Protho
MID PENN BANK, as successor by merger
of MECHANICS SAVINGS BANK,
Plaintiff
V.
MICHAEL P. SCHELL and THE UNITED
STATES OF AMERICA
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 08-2837 CIVIL TERM
CIVIL ACTION - LAW
ACTION IN MORTGAGE FORECLOSURE
JUDGMENT
AND NOW, this day of 2008, judgment in the amount of
$76,702.36, together with interest thereon at the rate of 7.75% from April 30, 2008, and the
costs of this suit is entered in favor of the Plaintiff against the Defendant, Michael P. Schell.
121,f - ,
& Mwl-'&-aL
Prothon
MID PENN BANK, as successor by merger
of MECHANICS SAVINGS BANK,
Plaintiff
V.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 08-2837 CIVIL TERM
CIVIL ACTION - LAW
MICHAEL P. SCHELL and THE UNITED ;
STATES OF AMERICA ACTION IN MORTGAGE FORECLOSURE
Defendant
CERTIFICATION OF ADDRESS
TO THE PROTHONOTARY:
The address of the Defendant is 915 Herman Drive, Mechanicsburg, PA 17055.
JOHNSON, DUFFIE, STEWART & WEIDNER
By:
Elizabe D. Snover
Attorneys for Mid Penn Bank
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PRAECIPE FOR WRIT OF EXECUTION
Caption: [ ]Confessed Judgment
MID PENN BANK [ X ]Other
File No. 08-2837
V. Amount Due $76,702.36
Interest 7.75% from 4/30/08
to 6/11/08 and jud mg ent interest
MICHAEL P. SCHELL Atty's Comm.
Costs
TO THE PROTHONOTARY OF THE SAID COURT:
The undersigned hereby certifies that the below does not arise out of a retail installment sale,
contract, or account based on a confession of judgment, but if it does, it is based on the appropriate
original proceeding filed pursuant to act 7 of 1966 as amended; and for real property pursuant to Act 6 of
1974 as amended.
Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest
and costs, upon the following described property of the defendant (s)_ Levy upon and sell all that certain
tract of real estate situate in Upper Allen Township. Cumberland Countv. Pennsvlvania owned by the
Defendant, Michael P. Schell, as more fully described in Exhibit "A" attached hereto and made a part
hereof b reference.
PRAECIPE FOR ATTACHMENT EXECUTION
Issue writ of attachment to the Sheriff of Cumberland County, for debt, interest and costs, as
above, directing attachment against the above-named garnishee(s) for the following property (if real
estate, supply six copies of the description; supply four copies of lengthy personally list)
and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s).
[ X ] (Indicate) Index this writ against the garnishee (s) as a lis pendens against real estate of the
defendant(s) described in the attached exhibit.
Date 07-10-03 Signature: FIA,kA_ Print Name: Eli eth D. Snover
Address: 301 Market Street, P.O. Box 109,
Lemoyne, PA 17043-0109
Attorney for: Mid Penn Bank
Telephone: __12111212:4442
Supreme Court ID No: 200997
c?
C-a
C.3 .-C
EXHIBIT "A"
ALL THAT CERTAIN piece or parcel of land situate in the Township of Upper Allen, County
of Cumberland, and Commonwealth of Pennsylvania, bounded and described as follows, to
wit:
BEGINNING at a point on the southern line of Herman Drive at the northwestern corner of lot
No. 22 as shown on the hereinafter mentioned Plan of Lots; thence by the dividing line
between Lots No. 21 and 22 on said Plain, South 06 degrees 01 minute East, 113.93 feet to
a point; thence South 83 degrees 59 minutes West, 93 feet to a point; thence by the dividing
line between Lots No. 20 and 21 on said Plan, North 06 degrees, 01 minute West, 113.93
feet to a point on the southern line of Herman Drive; thence by the southern line of Herman
Drive, North 83 degrees 59 minutes East, 93 feet to a point, the place of beginning.
HAVING THEREON ERECTED a single brick and aluminum ranch type dwelling with integral
garage.
BEING Lot No. 21 in the Plan of Lots of Jacob S. Stoner, Tract No. 2, which Plan is recorded
in the Cumberland County Recorder's Office in Plan Book 14, at Page 19.
SUBJECT, NEVERTHELESS, to the restrictions and reservations of record with the said
Plan.
BEING THE SAME PREMISES which Paul L. Schell and Ruth F. Schell, his wife, by their
Deed dated July 13, 2000, and recorded July 14, 2000 in the Office of the Recorder of Deeds
in and for Cumberland County, Pennsylvania, in Record Book 225, Page 323, granted and
conveyed unto Michael P. Schell.
34-
?) V
izls
r^ ?
?..?
J f ? i
t
.?? ?N .mow
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
N008-2837 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due Mid Penn Bank Plaintiff (s)
From Michael P. Schell
(1) 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 follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is 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) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due$76,702.36
L.L.$.50
Interest 7.75% from 4/30/08 to 6/11/08 and judgment interest
Atty's Comm % Due Prothy $2.00
Atty Paid $157.58
Plaintiff Paid
Other Costs
Date: July 11, 2008
(Seal)
REQUESTING PARTY:
Name Elizabeth D. Snover, Esq.
Address: 301 Market St., P.O. Box 109
Lemoyne, PA 17043-0109
Attorney for: Mid Penn Bank
Telephone: 717-737-4442
-si 6t'-4 'e- ,
Curtis R. Long, Prothonotary
By:
Deputy
Supreme Court ID No. 200997
Johnson, Duffle, Stewart & Weidner
By: Elizabeth D. Snover, Esquire
I.D. No. 200997
301 Market Street
P. 0. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
eds@jdsw.com
Attorneys for Plaintiff
MID PENN BANK, as successor by merger IN THE COURT OF COMMON PLEAS OF
of MECHANICS SAVINGS BANK, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff NO. 08-2837 CIVIL TERM
V.
CIVIL ACTION - LAW
MICHAEL P. SCHELL and THE UNITED
STATES OF AMERICA ACTION IN MORTGAGE FORECLOSURE
Defendant
AFFIDAVIT PURSUANT TO RULE 3129.1
Mid Penn Bank, by its attorneys, Johnson, Duffle, Stewart & Weidner, sets forth as of the date the
Praecipe for the Writ of Execution was filed the following information concerning the real property located in
Upper Allen Township, Cumberland County, Pennsylvania.
1. Name and address of Owner(s) or Reputed Owner(s):
Name: Address:
Michael P. Schell 915 Herman Avenue
Mechanicsburg, PA 17055
2. Name and address of Defendant(s) in the judgment:
Name: Address:
Michael P. Schell 915 Herman Avenue
Mechanicsburg, PA 17055
3. Name and last known address of every judgment creditor whose judgment is a record lien on
the real property to be sold:
Name:
Mid Penn Bank
Address:
349 Union Street
Millersburg, PA 17061
Commonwealth of Pennsylvania
The United States of America
Upper Allen Township
Cumberland County Tax Claim
Bureau
Department of Revenue
Strawberry Square
Fourth and Walnut Streets
Harrisburg PA 17128-1210
United States Attorney's Office
Attn: Melissa Swauger
228 Walnut Street
Harrisburg, PA 17108
100 Gettysburg Pike
Mechanicsburg, PA 17055
1 Courthouse Sq.
Old Courthouse
Carlisle, PA 17013
4. Name and address of the last recorded holder of every mortgage of record:
Name: Address:
Mid Penn Bank
349 Union Street
Millersburg, PA 17061
Paul L. Schell and Ruth F. Schell address unknown from Mortgage, parents of Defendant
Fulton Bank
2900 Linglestown Road
Harrisburg, PA 17110
5. Name and address of every other person who has any record lien on the property:
Name: Address:
Mid Penn Bank
349 Union Street
Millersburg, PA 17061
The United States of America
United States Attorney's Office
Attn: Melissa Swauger
228 Walnut Street
Harrisburg, PA 17108
Upper Allen Township
Cumberland County Tax Claim
Bureau
100 Gettysburg Pike
Mechanicsburg, PA 17055
1 Courthouse Sq.
Old Courthouse
Carlisle, PA 17013
6. Name and address of every other person of whom the Plaintiff has knowledge who has any
record interest in the property and whose interest may be affected by the sale:
Name:
Address:
7. Name and address of every other person of whom the Plaintiff has knowledge who has any
interest in the property which may be affected by the sale:
Name:
Address:
I verify that the statements made in this Affidavit are true and correct to the best of my personal
knowledge or information and belief. I understand that false statements herein are made subject to the
penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities.
JOHNSON, DUFFIE, STEWART & WEIDNER
DATE: l0 , 2008
:336344
BY: Z-2. A
Elizab h . Snover
Johns n, Duffie, Stewart & Weidner
301 Market Street
Lemoyne, Pennsylvania 17043
717-761-4540
Attorney ID No. 200997
Attorneys for Plaintiff
c?
,?,
? c?
-?
?z
-
n
, ? ? ??
C1
? f ? . ?
M ?
r V ?? `
? r.
r
C.?
I
Johnson, Duffle, Stewart & Weidner
By: Elizabeth D. Snover, Esquire
I.D. No. 200997
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
eds@jdsw.com
Attorneys for Plaintiff
MID PENN BANK, as successor by merger
of MECHANICS SAVINGS BANK, ;
Plaintiff
V.
MICHAEL P. SCHELL and THE UNITED
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 08-2837 CIVIL TERM
CIVIL ACTION - LAW
STATES OF AMERICA ACTION IN MORTGAGE FORECLOSURE
Defendant
NOTICE OF SHERIFF'S SALE
OF REAL PROPERTY PURSUANT TO
PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.2
TO: Michael P. Schell, 915 Herman Avenue, Mechanicsburg, PA 17055
Your real estate situate in Upper Allen Township, Cumberland County, Pennsylvania, known as
915 Herman Avenue, Mechanicsburg, Pennsylvania, as described in Exhibit "A" attached is scheduled to
be sold at Sheriffs Sale on December 10, 2008, at. 10:00 a.m. in the Cumberland County Courthouse,
Carlisle, Pennsylvania to enforce the Court Judgment of $76,702.36 obtained by Mid Penn Bank against
you.
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 major improvements erected on the land, attached hereto as Exhibit "A" and made a part hereof by
reference.
41 1
THE LOCATION of your property to be sold is:
915 Herman Avenue, Mechanicsburq, Cumberland County, Pennsylvania
THE JUDGMENT under or pursuant to which your property is being sold is docketed to:
No. 2008-2837 in the Court of Common Pleas of Cumberland County, Pennsylvania
The name and address of the owner or reputed owner of this property is:
Michael P. Schell, 915 Herman Avenue, Mechanicsburq, Cumberland County, Pennsylvania
A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate
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 within 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 the Court of Common Pleas of Cumberland County, Pennsylvania, Cumberland
County Courthouse, Carlisle, Pennsylvania, Telephone (717) 240-6390.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriffs Sale you must take immediate action:
1. The sale will be canceled if you pay to the Sheriff of Perry County, the amount of the
judgment plus costs. To find out how much you must pay, you may call the Sheriff of Cumberland
County at (717) 240-6390.
2. You may be able to stop the sale by filing a petition asking the Court to strike or open the
judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for
good cause.
3. You may also be able to stop the sale through other legal proceedings. You may need an
attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping
the sale.
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU
HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE
1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You
may find out the price bid by calling the Sheriff of Cumberland County at (717) 240-6390.
2. You may be able to petition the Court to set aside the sale if the price was grossly
inadequate compared to the value of your property.
3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale.
To find out if this has happened you may call the Sheriff of Cumberland County at (717) 240-6390.
4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the
property as if the sale never happened.
5. You may be entitled to a share of the money which was paid for your property. A
schedule of distribution of the money bid for your property will be filed by the Sheriff within thirty (30) days
of the sale date. This schedule will state who will be receiving that money. The money will be paid out in
accordance with this schedule unless exceptions are filed with the Sheriff within ten (10) days after the
date of the filing of the schedule of distribution.
6. You may also have other rights and defenses, or ways of getting your property back, if you
act immediately after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
(800) 990-9106
(717) 249-3166
Respectfully submitted,
JOHNSON, DUFFIE, STEWART & WEIDNER
By:
Elizabet . Snover
Dated: ?? Q? Attorne for Plaintiff
M
EXHIBIT "A"
ALL THAT CERTAIN piece or parcel of land situate in the Township of Upper Allen, County
of Cumberland, and Commonwealth of Pennsylvania, bounded and described as follows, to
wit:
BEGINNING at a point on the southern line of Herman Drive at the northwestern corner of lot
No. 22 as shown on the hereinafter mentioned Plan of Lots; thence by the dividing line
between Lots No. 21 and 22 on said Plain, South 06 degrees 01 minute East, 113.93 feet to
a point; thence South 83 degrees 59 minutes West, 93 feet to a point; thence by the dividing
line between Lots No. 20 and 21 on said Plan, North 06 degrees, 01 minute West, 113.93
feet to a point on the southern line of Herman Drive; thence by the southern line of Herman
Drive, North 83 degrees 59 minutes East, 93 feet to a point, the place of beginning.
HAVING THEREON ERECTED a single brick and aluminum ranch type dwelling with integral
garage.
BEING Lot No. 21 in the Plan of Lots of Jacob S. Stoner, Tract No. 2, which Plan is recorded
in the Cumberland County Recorder's Office in Plan Book 14, at Page 19.
SUBJECT, NEVERTHELESS, to the restrictions and reservations of record with the said
Plan.
BEING THE SAME PREMISES which Paul L. Schell and Ruth F. Schell, his wife, by their
Deed dated July 13, 2000, and recorded July 14, 2000 in the Office of the Recorder of Deeds
in and for Cumberland County, Pennsylvania, in Record Book 225, Page 323, granted and
conveyed unto Michael P. Schell.
r -2
?, r
Johnson, Duffle, Stewart & Weidner
By: Elizabeth D. Snover, Esquire
I.D. No. 200997
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
eds@jdsw.com
Attorneys for Plaintiff
MID PENN BANK, as successor by merger IN THE COURT OF COMMON PLEAS OF
of MECHANICS SAVINGS BANK, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V.
MICHAEL P. SCHELL and
THE UNITED STATES OF AMERICA,
Defendants
COUNTY OF PENNSYLVANIA
COUNTY OF CUMBERLAND
: ss:
NO. 08-2837 CIVIL TERM
CIVIL ACTION - LAW
ACTION IN MORTGAGE FORECLOSURE
ELIZABETH D. SNOVER, being duly sworn according to law, deposes and says that he served the attached
Notice of Sheriffs Sale and Divestiture of Liens upon all judgment creditors, mortgagees, and other persons who have any
interest of record in or lien of record upon the property scheduled to be sold at Sheriffs Sale in the above matter on
September 19, 2008, by mailing a copy of the attached Notice by United States Mail, First Class Certified Mail Return
Receipt Requested, Postage Prepaid, addressed as follows:
Michael P. Schell
915 Herman Drive
Mechanicsburg, PA 17055
The United States of America
c/o U.S Attorney's Office
Attn: Melissa Swanger, Esquire
228 Walnut Street
Harrisburg, PA 17108
Paul L. and Ruth Schell
915 Herman Drive
Mechanicsburg, PA 17055
Fulton Bank
2900 Linglestown Road
Harrisburg, PA 17110
Upper Allen Township
100 Gettysburg Pike
Mechanicsburg, PA 17055
Cumberland County Tax Claim Bureau
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
f A?
¦ Complete items 1, 2, and 3. Also complete
Rem 4 if Restricted Delivery is desired.
¦ Print your name and address on the reverse
so that we can return the card to you.
¦ Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
9/,6- Arnvn br, ve
7;(&,46af?f jfsh ?A- /7
V
A SI lure
? Addresses
. Received by
`? P) C. ate of Delivery
,r ?
l/ SI,A
D. Is delivery address different iror? _
If YES, enter delivery add lowl N
U 20 O
'? 2005
^/
? /
1? t . S J
3. Service Type
R ?ertifled Mail ? Express Mail
? eglstered ? Return Receipt for Mamhandbe
? Insured mail ? C.O.D.
4. Restricted Delivery/? (Extra Fee) ? Yes
2. ArlloleNumber 7007 3020 0001 1089 3742
(f Wnfar from service /abed
P8 Form 3811, February 2004 Domestic Return Receipt 102595-02-W1 ¦ Complete Items 1, 2, and 3. Also canplete
Ism 4 if Restricted Delivery is desired.
¦ Print your name anclAddress on the reverse
so that we can retuM the Card. to you.
¦ Attach this card to the back Of the?mailpiecq,
or on the front If space pem*s.
1.
Artlcle
Add
A?/n
7/*
A6/ ? '/
A.
^ ? Aadmon
B. Received b nted Name) C. Date of Delivery
D. Is dei dHferentfro m item 1? ? Yes
If )GE5.1BAtlldress below: ? No
?s
3. Type
Express Mail
? Reg ? Return Receipt for Merchandiw
? Insured mail ? C.O.D.
4. Restricted Delivery? (Extra Fee) ? Yes
2. Aftle Number 7007 3020 0001 1089 3582
(Titr?sfer from service labs!)
Pty Fain 3811, February 2004 Domestic Return Receipt 102595-0¢-t,t iSM
¦ Complete items 1, 2, and 3. Also complete
hwn 4 If Restricted Delivery Is desired.
¦ Print your name and address on the reverse
so that we can return the card to you.
¦ Attach this card to the back of the mailplece,
or on the front if space permits.
1. Article Addressed to: f??
1y1?-Oc/xt/lfcs& t /OFT
A+ Si9nat<,
? Ag1nt
? Addrsom
B. Recelyed by.(PrlrnW NAm)? C. Date of DWVWy
D. Is delivery (address different d.
If YES, enter delivery add ?
vii ao
3. Service Type
)ICCertifled Mail ? Express mail
arklhs
? Registered ? Return Rec elpt for March
? Insured mail ? C.O.D.
4. Restricted Delivery? Pft Fee) ? Yes
i. ArWe Number
WWfrom service ?abeq 7007 3020 0001 1089 3605
(ffansfe. from
i Ps Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540
f' r
¦ Complete items 1, 2, and 3. Also complete
item 4 If Restricted Delivery is desired.
• Print your name and address on the reverse
so that we can return the card to you.
¦ Attach this card to the back of the mailpiece,
or on the front If space permits.
A.
? bent
? Addre
B. RecelA y P fi%' g?j TWDIT
D. Is delivery address different from item 1? ? Yes
If YES, enter delivery address below: ? No
,6?- /w /77/0 3. Service Type
?Certifled Mail ? Express Mail
? Registered ? Return Receipt for Merchwwbe
E3 Insured Mail ? C.O.D.
4. Restricted Deliver)? (Extra Fee) 13 Yes
2. 7007 3020 0001 1089 3599
P8 Form 3811, February 2004 Domestic Return Receipt 102595424Flk
1. Article Addressed to:
t w
At,/fon
2 -
o '2A
¦ Complete items 1, 2, and 3. Also complete
item 4 If Restricted Delivery Is desired.
¦ Print your name and address on the reverse
so that we can return the card to you.
¦ Attach this card to the back of the mailpiece,
or on the front if space permits.
A
X ? AOW
? Addreeeee
B. Received by Name) C. Date (if D*.wy
4 V0? n';'-
Is delhfry address different from item 1? ? Yes
If YES, enter delivery address ? No
rJ / 3. Service Type V
Certified Mau ?
? Registered ? Retu eroharrdies
? Insured Mail ? C.O.D.
4. Restricted Delivery? (Extra Fee) ? Yes
2. Article u
Monster from m service label) 7007 3020 0001 1089 3575
Monster
PS Form 3811, February 2004 Domestic Return Receipt 1025
• Oomplete Items 1, 2, and 3. Also complete A. S _
Nsm 4 if Restricted Delivery Is desired. ? bent
X
¦ Print your name and address on the reverse ? ? Addressee
eo that we can return the card to you.
¦ Attach this cans to the back of the mailpiece, B, solved b (P hied NW* C. Date of Delivery
or on the front If space permits.
1. Article Addressed to: D. Is delliveryaj&en " d dtem 1? ? Yes
low: ? No
If YES, er delivery a""
rn,?er/a
Cac?n Tq?r „'
'
,
?/Q/i?2 n?cu 1i?5 -4
I
f
3. ServiceTY
A) 4 I , ' Certified Mall QExpress Mail
/ ? Registered ? Return Receipt for Merohandiee
? Insured Mail ? C.O.D.
4. Restricted Delivery? (Extra Fee) ? Yes
2. Arkle Number 7007 3020 0001 1089 3759
(Yens from service label)
Ps Form 3811, February 2004 Domestic Return Receipt 102595-02-I-1540
1. Article Addressed to:
Upper Allen iwp.
Boa a sbu? M
/rledvn lk v,6 /AA l -?Q.
C7 ^'?
c :-
a,? ?
-- F ??::°: c3
e r ? ? -
: --{
} r
: w _..
o -
-,?,
r:: .
w
:? ---
Mid Penn Bank, as Successor by merger of In the Court of Common Pleas of
Mechanics Savings Bank Cumberland County, Pennsylvania
VS Writ No. 2008-2837 Civil Term
Michael P. Schell and The United States of
America
Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on
September 20, 2008 at 0950 hours, he served a true copy of the within Real Estate Writ, Notice and
Description, in the above entitled action, upon the within named defendant, to wit: Michael P.
Schell by making known unto Michael Schell personally, at 915 Herman Drive, Mechanicsburg,
Cumberland County, Pennsylvania its contents and at the same time handing to him personally the
said true and correct copy of the same.
Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on
October 8, 2008 at 1928 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster
and Description, in the above entitled action, upon the property of Michael P. Schell, located at 915
Herman Drive, Mechanicsburg, Cumberland County, Pennsylvania according to law.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the
above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff
mailed a notice of the pendency of the action to the within named defendant, to wit: Michael P.
Schell, by regular mail to his last known address of 915 Herman Drive, Mechanicsburg, PA 17055.
This letter was mailed under the date of October 6, 2008 and never returned to the Sheriffs Office.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is
returned STAYED per letter of request from Attorney Elizabeth Snover.
Sheriffs Costs:
Docketing 30.00
Poundage 216.00
Posting Handbills 15.00
Advertising 15.00
Law Library .50
Prothonotary 2.00
Mileage 20.00
Levy 15.00
Surcharge 20.00
Law Journal 355.00
Patriot News 368.24
Share of Bills 14.92
/alt 4 fbF
$1,071.66 ?
So Answers:
R. Thomas Kline, Sheriff
BY?6& I -
C o.
Real Estate ergeant ,2.0
gD
Imo,' '2 ? ?Y -? y
Johnson, Duffle, Stewart & Weidner
By: Elizabeth D. Snover, Esquire
I. D. No. 200997
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
eds@jdsw.com
Attorneys for Plaintiff
MID PENN BANK, as successor by merger
of MECHANICS SAVINGS BANK,
Plaintiff
V.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 08-2837 CIVIL TERM
CIVIL ACTION - LAW
MICHAEL P. SCHELL and THE UNITED
STATES OF AMERICA : ACTION IN MORTGAGE FORECLOSURE
Defendant
AFFIDAVIT PURSUANT TO RULE 3129.1
Mid Penn Bank, by its attorneys, Johnson, Duffle, Stewart & Weidner, sets forth as of the date the
Praecipe for the Writ of Execution was filed the following information concerning the real property located in
Upper Allen Township, Cumberland County, Pennsylvania.
1. Name and address of Owner(s) or Reputed Owner(s):
Name: Address:
Michael P. Schell 915 Herman Avenue
Mechanicsburg, PA 17055
2. Name and address of Defendant(s) in the judgment:
Name: Address:
Michael P. Schell 915 Herman Avenue
Mechanicsburg, PA 17055
A
3. Name and last known address of every judgment creditor whose judgment is a record lien on
the real property to be sold:
Name: Address:
Mid Penn Bank
349 Union Street
Millersburg, PA 17061
Commonwealth of Pennsylvania
The United States of America
Upper Allen Township
Cumberland County Tax Claim
Bureau
Department of Revenue
Strawberry Square
Fourth and Walnut Streets
Harrisburg PA 17128-1210
United States Attorney's Office
Attn: Melissa Swauger
228 Walnut Street
Harrisburg, PA 17108
100 Gettysburg Pike
Mechanicsburg, PA 17055
1 Courthouse Sq.
Old Courthouse
Carlisle, PA 17013
4. Name and address of the last recorded holder of every mortgage of record:
Name: Address:
Mid Penn Bank 349 Union Street
Millersburg, PA 17061
Paul L. Schell and Ruth F. Schell address unknown from Mortgage, parents of Defendant
Fulton Bank
2900 Linglestown Road
Harrisburg, PA 17110
5. Name and address of every other person who has any record lien on the property:
Name: Address:
Mid Penn Bank
The United States of America
349 Union Street
Millersburg, PA 17061
United States Attorney's Office
Attn: Melissa Swauger
228 Walnut Street
Harrisburg, PA 17108
Upper Allen Township
Cumberland County Tax Claim
Bureau
100 Gettysburg Pike
Mechanicsburg, PA 17055
1 Courthouse Sq.
Old Courthouse
Carlisle, PA 17013
6. Name and address of every other person of whom the Plaintiff has knowledge who has any
record interest in the property and whose interest may be affected by the sale:
Name: Address:
7. Name and address of every other person of whom the Plaintiff has knowledge who has any
interest in the property which may be affected by the sale:
Name:
Address:
I verify that the statements made in this Affidavit are true and correct to the best of my personal
knowledge or information and belief. I understand that false statements herein are made subject to the
penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities.
DATE: l0 , 2008 -)d?
:336344
JOHNSON, DUFFIE, STEWART & WEIDNER
BY: 0&' I'V,
Elizab h . Snover
Johns n, Duffie, Stewart & Weidner
301 Market Street
Lemoyne, Pennsylvania 17043
717-761-4540
Attorney ID No. 200997
Attorneys for Plaintiff
Johnson, Duffle, Stewart & Weidner
By: Elizabeth D. Snover, Esquire
I.D. No. 200997 Attorneys for Plaintiff
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
eds@jdsw.com
MID PENN BANK, as successor by merger : IN THE COURT OF COMMON PLEAS OF
of MECHANICS SAVINGS BANK, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
NO. 08-2837 CIVIL TERM
V. CIVIL ACTION - LAW
MICHAEL P. SCHELL and THE UNITED
STATES OF AMERICA ACTION IN MORTGAGE FORECLOSURE
Defendant :
NOTICE OF SHERIFF'S SALE
OF REAL PROPERTY PURSUANT TO
PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.2
TO: Michael P. Schell, 915 Heenan Avenue, Mechanicsburg, PA 17055
Your real estate situate in Upper Allen Township, Cumberland County, Pennsylvania, known as
915 Herman Avenue, Mechanicsburg, Pennsylvania, as described in Exhibit "A" attached is scheduled to
be sold at Sheriffs Sale on December 10, 2008, at. 10:00 a.m. in the Cumberland County Courthouse,
Carlisle, Pennsylvania to enforce the Court Judgment of $76,702.36 obtained by Mid Penn Bank against
you.
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 major improvements erected on the land, attached hereto as Exhibit "A" and made a part hereof by
reference.
THE LOCATION of your property to be sold is:
915 Herman Avenue Mechanicsburg Cumberland County, Pennsylvania
THE JUDGMENT under or pursuant to which your property is being sold is docketed to:
No 2008-2837 in the Court of Common Pleas of Cumberland County, Pennsylvania
The name and address of the owner or reputed owner of this property is:
Michael P Schell 915 Herman Avenue Mechanicsburg, Cumberland County, Pennsylvania
A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate
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 within 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 the Court of Common Pleas of Cumberland County, Pennsylvania, Cumberland
County Courthouse, Carlisle, Pennsylvania, Telephone (717) 240-6390.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriffs Sale you must take immediate action:
1. The sale will be canceled if you pay to the Sheriff of Perry County, the amount of the
judgment plus costs. To find out how much you must pay, you may call the Sheriff of Cumberland
County at (717) 240-6390.
2. You may be able to stop the sale by filing a petition asking the Court to strike or open the
judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for
good cause.
3. You may also be able to stop the sale through other legal proceedings. You may need an
attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping
the sale.
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU
HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE
1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You
may find out the price bid by calling the Sheriff of Cumberland County at (717) 240-6390.
2. You may be able to petition the Court to set aside the sale if the price was grossly
inadequate compared to the value of your property.
3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale.
To find out if this has happened you may call the Sheriff of Cumberland County at (717) 240-6390.
4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the
property as if the sale never happened.
5. You may be entitled to a share of the money which was paid for your property. A
schedule of distribution of the money bid for your property will be filed by the Sheriff within thirty (30) days
of the sale date. This schedule will state who will be receiving that money. The money will be paid out in
accordance with this schedule unless exceptions are filed with the Sheriff within ten (10) days after the
date of the filing of the schedule of distribution.
6. You may also have other rights and defenses, or ways of getting your property back, if you
act immediately after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
(800) 990-9106
(717) 249-3166
Respectfully submitted,
JOHNSON, DUFFIE, STEWART & WEIDNER
By:_ PAK
Elizabet . Snover
Dated: ? "' ?? Attome for Plaintiff
WRIT OF EXECUTION and/or ATTACHMENT
'COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
N008-2837 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due Mid Penn Bank Plaintiff (s)
From Michael P. Schell
(1) 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 follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is 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) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due$76,702.36
L.L.$.50
Interest 7.75% from 4/30/08 to 6/11/08 and judgment interest
Atty's Comm % Due Prothy $2.00
Atty Paid $157.58
Plaintiff Paid
Other Costs
Date: July 11, 2008
(Seal)
REQUESTING PARTY:
Name Elizabeth D. Snover, Esq.
Address: 301 Market St., P.O. Box 109
Lemoyne, PA 17043-0109
Attorney for: Mid Penn Bank
Telephone: 717-7374442
Curtis R. Long, Prothonootta
By:
Deputy
Supreme Court ID No. 200997
Real Estate Sale #07
On August 15, 2008 the Sheriff levied upon the
defendant's interest in the real property situated in
Upper Allen Township, Cumberland Cotnty, PA
Known and numbered as 915 Herman Ave., Mechanicsburg
more fully described on Exhibit "A"
filed with this writ and by this reference
incorporated herein.
Date: August 15, 2008 By:
f
Real E to Sergeant
bU :; ??;
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
COMMONWEALTH OF PENNSYLVANIA
ss.
COUNTY OF CUMBERLAND :
Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and
State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law
Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid,
was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
viz:
October 31, November 7 and November 14, 2008
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are true.
Marie Coyne, Editor
SWORN TO AND SUBSCRIBED before me this
day of November, 200
Notary
NOTARIAL SEAL
DEBORAH A COLLINS
Notary Public
CARLISLE BORO, CUMBERLAND COUNTY
My Commission Expires Apr 28, 2010
1ikXlli.IWATS NAM NQ.7
Writ No. 2008-2837 Civil
Mid Penn Bank, As Successor by
Merger of Mechanics Savings Bank
VS.
Michael P. Schell and the
United States of America
Atty.: Elizabeth Snover
EXHIBIT "A"
ALL THAT CERTAIN piece or par-
cel of land situate in the Township of
Upper Allen, County of Cumberland,
and Commonwealth of Pennsylvania,
bounded and described as follows,
to wit:
BEGINNING at a point on the
southern line of Herman Drive at the
northwestern corner of lot No. 22 as
shown on the hereinafter mentioned
Plan of Lots; thence by the dividing
line between Lots No. 21 and 22
on said Plain, South 06 degrees 01
minute East, 113.93 feet to a point;
thence South 83 degrees 59 minutes
West, 93 feet to a point; thence by the
dividing line between Lots No. 20 and
21 on said Plan, North 06 degrees,
01 minute West, 113.93 feet to a
point on the southern line of Herman
Drive; thence by the southern line of
Herman Drive, North 83 dq preea 59
m. tea East, 93 feet to a pant, the
place of beginning.
HAVING THEREON ERECTED a
single brick and aluminum ranch
type dwelling with integral garage.
BEING Lot No. 21 in the Plan of
Lots of Jacob S. Stoner, Tract No. 2,
which Plan is recorded in the Cum-
berland County Recorder's Office in
Plan Book 14, at Page 19.
SUBJECT, NEVERTHELESS, to
the restrictions and reservations of
record with the said Plan.
BEING THE SAME PREMISES
which Paul L. Schell and Ruth F.
Schell, his wife, by their Deed dated
July 13, 2000, and recorded July 14,
2000 in the Office of the Recorder of
Deeds in and for Cumberland Coun-
ty, Pennsylvania, in Record Book
225, Page 323, granted and conveyed
unto Michael P. Schell.
The Patriot-News Co.
812 Market St.
Harrisburg, PA 17101
Inquiries - 717-255-8213
CUMBERLAND COUNTY SHERIFFS OF
CUMBERLAND COUNTY COURT HOUSE
CARLISLE
PA 17013
the PNow you know
THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
Under Act No. 587, Approved May 16, 1929
Commonwealth of Pennsylvania, County of Dauphin) ss
Joseph A. Dennison, being duly sworn according to law, deposes and says:
That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the
Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of
Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News
newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that
The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and
all have been continuously published ever since;
That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular
daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is
interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time,
place and character of publication are true; and
That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on
behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the
stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds
in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317.
PUBLICATION COPY
This ad ran on the date(s) shown below:
10/29/08
11/05/08
- 11/12/08
.?.. .............
Sworn to and,s scribed before me this 25 day of November, 2008 A.D.
Notary Public
COMMONWEALTH OF PENNSYLVANIA
Sherrie L. Kisner, Notary Public
?I City Of Harrsburg, Dauphin County
L---- My Commission ExPirfs Nov. 26,2011 Member; Pennsylvania Assoclation of Notaries}
Real Estate Sale No. I
Writ No. 2008-2837 Civil Term
Mid Penn Bank, as successor by
merger of Mechanics Savings
Bank
VS
Michael P. Schell and
The United States of America
Attorney Elizabeth Snover
LEGAL DESCRIPTION
EXHIBIT "A"
ALL THAT CERTAIN piece or parcel of land
situate in the Township of Upper Allen, County
of Cumberland, and Commonwealth of
Pennsylvania, bounded and described as follows,
to wit:
BEGINNING at a point on the southern line of
Herman Drive at the northwestern comer of lot
No. 22 as shown on the hereinafter mentioned
Plan of Lots; thence by the dividing line
between Lots'No. 21 and 22 on said Plain, South
06 degrees 01 minute East, 113.93 feet to a
point; thence South 83 degrees 59 minutes West.
93 feet to a point; thence by the dividing line
between Lots No. 20 and 21 on said Plan, North
06 degrees, 01 minute West, 113.93 feet to a
point" on the southern line of Herman Drive;
thence by the southern line of Herman Drive,
North 83 degrees 59 minutes East, 93 feet to a
point, the place of beginning.
HAVING THEREON ERECTED a single brick
and aluminum ranch type dwelling with integral
garage.
BEING Lot No. 21 in the Plan of Lots of Jacob
S. Stoner, Tract No. 2, which Plan is recorded in
the Cumberland County Recorder's Office in
Plan Book 14, at Page 19.
SUBJECT, NEVERTHELESS, to the
restrictions and reservations of record with the
said Plan.
BEING THE SAME PREMISES which Paul L.
Schell and Ruth F. Schell, his wife, by their
Deed dated July 13, 2000, and recorded July 14.
2000 in the Office of the Recorder of Deeds in
and for Cumberland County, Pennsylvania, in
Record Book 225, Page 323, granted and
conveyed unto Michael P. Schell.