HomeMy WebLinkAbout12-2505Johnson, Duffle, Stewart & Weidner
By: Richard W. Stewart
E=? f; a tq.neys for Plaintiff
Attorney I.D. No. 18039 p ,
301 Market Street `-?'. ,'E =RLANl D Cr,Li1, I
P. O. Box 109 t t t? S `Y L ??A l,?
Lemoyne, PA 17043-0109
(717) 761-4540
rws@jdsw.com
THE BANK OF LANDISBURG, IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
NO. 1a'asos OiUll
V.
REALESTATE REHAB, LLC, CIVIL ACTION - LAW
Defendant IN MORTGAGE FORECLOSURE
NOTICE TO DEFEND
You have been sued in court. If you wish to defend against the claims set forth in the following
pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a
written appearance personally or by attorney and filing in writing with the court your defense 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO
FIND OUT WHERE YOU CAN GET LEGAL HELP.
Central Pennsylvania Legal Services
213-A North Front Street
Harrisburg, PA 17101
(800) 932-0356
0 -
40 3'R 10
oit myna
Johnson, Duffle, Stewart & Weidner
By: Richard W. Stewart
Attorney I.D. No. 18039
301 Market Street
P. O. Box 109
Lemoyne, PA 17043-0109
(717) 761-4540
rws@jdsw.com
Attorneys for Plaintiff
THE BANK OF LANDISBURG, IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
NO.
V.
CIVIL ACTION - LAW
REALESTATE REHAB, LLC,
Defendant IN MORTGAGE FORECLOSURE
COMPLAINT
1. The Plaintiff, The Bank of Landisburg (hereinafter sometimes referred to as "Mortgagee"), is a
Pennsylvania corporation with a principal place of business at 100 North Carlisle Street, Landisburg, Perry
County, Pennsylvania.
2. The Defendant, Realestate Rehab, LLC, (hereinafter sometimes called "Mortgagor") is a limited
liability company with a principal office at 321 Buford Avenue, Gettysburg, Adams County, Pennsylvania.
3. At all times material to the Plaintiffs cause of action, the Mortgagor has been the owner of a
tract of land and the building thereon erected, hereinafter called "Land," located in 626 State Street, Lemoyne
Borough, Cumberland County, Pennsylvania.
4. The Land is described in Exhibit A, attached hereto and made a part hereof by reference.
5. On June 9, 2008, in consideration of the loan of One Hundred Ninety-Five Thousand
($195,000.00) Dollars made by the Mortgagee to the Mortgagor, 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 on demand with interest at the rate of 6.75 percent per annum on the unpaid balance and to
make monthly payments on account of principal and interest, in the absence of demand, in the amount of One
Thousand Four Hundred Eighty-Three Dollars and twenty-three cents ($1,483.23) each together with other
terms and conditions set forth in said Mortgage. The Mortgage is recorded in the Office of the Recorder of
Deeds of Cumberland County, Pennsylvania, to Instrument Number 200819839. A copy of said Mortgage is
set forth in Exhibit B attached hereto and made a part hereof by reference.
6. The Defendant Mortgagor is in default on the Mortgage in that it has failed to make the monthly
payments as required from and after August 9, 2011.
7. The Defendant is the present real owner of the Land.
8. The amount due the Plaintiff under the Mortgage is computed as follows:
Principal balance $184,160.83
Interest through March 15, 2012 at
the rate of 6.75% per annum 2,754.97
Late charges 1,409.04
10% attorney's collection fee 18.832.48
Total $207,157.32
9. The Plaintiff has complied with the provisions of Section 403 of Act No. 6, 41 P.S. 403.
WHEREFORE, the Plaintiff demands judgment against the Defendant in the amount of Two Hundred
Seven Thousand One Hundred Fifty-Seven Dollars thirty-two cents ($207,157.32), together with interest
thereon at the rate of 6.75% per annum from March 15, 2012, and the cost of this suit.
JOHNSON, DUFFIE, STEWART & WEIDNER
BY:
Richard W. Stewart
Attorney 1. D. #18039
Johnson, Duffle, Stewart & Weidner
301 Market Street
Post Office Box 109
Lemoyne, Pennsylvania 17043
717-761-4540
Attorneys for Plaintiff
RWS:bf:488025
VERIFICATION
I, ROGER L. BLUMENSCHEIN, Loan Manager of The Bank of Landisburg, the Plaintiff named in the
foregoing Complaint, as such I am authorized to make this Affidavit on Plaintiffs behalf and have knowledge of
the facts set forth in the foregoing and that said facts are true and correct to the best of my knowledge,
information and belief. I understand that false statements made herein are subject to the penalties of 18
Pa.C.S. §4904 relating to unsworn falsification authorities.
ROGER L. BLUME CHEIN
EXHIBIT A
LEGAL DESCRIPTION
ALL THAT CERTAIN lot of land situate in the Borough of Lemoyne, Cumberland County,
Pennsylvania, more particularly bounded and described as follows, to wit:
BEGINNING at a point on the southerly line of State Street, 105 feet measured northeastwardly
along said line from the easterly line of a 20 foot alley; THENCE along said line of State Street, North 40
degrees 49 minutes East, 35 feet to a point; THENCE by the western line of Lot No. 93 on the hereinafter
mentioned Plan, South 49 degrees 11 minutes East, 145.6 feet to an iron pin on the northerly line of a 20
foot alley; THENCE by the latter, South 40 degrees 49 minutes West, 35.9 feet to a point; THENCE by a
concrete foundation wall and lands now or later of Ruth M. Shaffer, North 49 degrees 11 minutes West,
30.2 feet to a point; THENCE by the same, North 40 degrees 49 minutes East, 0.9 feet to a point; THENCE
by the line of Lot No. 91, North 49 degrees 11 minutes West, 115.4 feet to the Southerly line of State
Street, the place of BEGINNING.
HAVING thereon erected a dwelling house and an apartment building, premises No. 626 State
Street, Lemoyne, Pennsylvania.
BEING the same property conveyed to Defendant by Deed of Paul E. Deitzel, Jr. and Patricia R.
Deitzel, his wife, dated July 21, 1997 and recorded in Cumberland County Deed Book 162 at Page 420.
EXHIBIT B
MORTGAGE
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T 4is 3w4uturrf
Made this 9th day of June in the year of our Tom,
Two Thousand Eight (2008).
BETWEEN
REBECCA M. SMITH, unmarried, of Gettysburg, Pennsylvania
(hrnirmor called the Mortgagor, party of the first part,
AND
THE BANK OF I.ANDISBURG, a State banking anacLatio. existing under the law. of the C.-tivealth of Pmusyhania, havigg In
principal place of business in the Borough of lsndaburg, Ferry County. Penntylvenia. (Monies., Perry of the second part)
WHEREAS, the mid Moryyor, executed and delivered m the Mwtsmsee a Non in the principal mum of ONE HUNDRED
NINETY-FIVE THOUSAND ----------------------------------- ($195,000.00)DOLLARS,
with interest at the nn set forth in amid Note payable at the time and in the wanner at forth in the aid Non
a the office of aid MonsWe (or much other plain u designated is writing by the holder hereof), and oho for the payment from time
to time until said debt and lam" be fully paid, of the orcesary premiums and darses on much policy or policies of fin, corm,
implosion iawnae, war dames, insurance, or on any and all whet Joanna, which the Mortgagee, In successor aid anismt, rosy
demand from time on time spirits: amy other bastards, ea.maltles and comdnpoties, for the further security of the debt hemby secured,
upon the buildings and impsovemma described hemia, or any which may hereafter be coded on the premims Eeseribed herein; mid
policies of isurace of whatsoever kind to be deposited with the Moryasee, its scorn ore or amens, and transferred by properly
registered and approved suiprents with non<ontributory omrtppe clever attached, mod any mnewuls of the am to be famished
on mid Mortgyre at least serm (7) days before the capitation of the ante. In the event of loss o decamp, the proceeds of mid in.
momee shall be paid to Mortsssee done. Mortgagee is authorized to adjust and comp-rise such lose without the consent of Mortppt, to
unhurt , receive and receipt for arch proceeds I. the nude of Mortps. awl Mortgagor, mod to, endorue Mongagors name upon any
check in payment thereof. Such proceeds shall be applied mew mimburamens of all mss and empeae of Mortpsee in cohlenies
aid proceeds, and toward the payment of all mmwntz payable by Mwtgapr to Mortgagee haunted", and toward the paywast of the indebted.
mess secured hereby or any portion thereof, w"t or not thin due or payable, or Moteppe at is option, may apply Will insurance proceeds
or any part thereof to the repair or rebtdiding d mid pcemlmn. In the ev or of We of the premises on foreclosure, the ownership of all policies
of I...- shall part m the purchaser a mid We and Monppr hereby Appoints, Mortsmpe in amomey.in.fmt, in Mompsoi s name to assign
and transfer all such policies no such purchaser. And also, fa the payment, from dime to thee, until mid debt and interest be fully paid, of all
cam, ware, mod mover ran and all other elm rpraad.d.i-.msmned a levied at any tires, present or future, by any lawful ssrthorky, upon the
property hereby granted, to secum mid obliptioo, which by any present or future law or laws shall lave priority in lien or payment to the debt
represented by mid obligation and secured by this Motyep, when and as the mine sIWI booms due and payable, and elm for the exhibition to
rid Mortppe, in succewn or aWps, of receipts for d1 eves, weer and sewer remn miceed upon o d-seble to the mapped property, a
de office of mid Mortise a, or at such other plan as may be designated by the Monppe I. wririmS. within twenty (20) days alter each tames or
even, or mover reran hem been payable at face without the imposition of Interest or penalties, as well u receipts for all whet axes or charges
or claims of every kind or nature which by any present or town law or laws my be or become a lien upon the counselled property prior in
lien to mid Mortsep, or which maybe w become, by any present or future law or laws, first distributable or allowable or Payable Were
aid debt, out of the proceeds of any judicial We for collection of mid debt, or an distributable or allowable or payable me of the proceeds
of any other judicial alt, wad I. rase of default of paymmn at afe-id, also fw the Payment of all seas, fees and e:p,- of collating
the tame, including an momej. mcnminion of ten per centum (10%) mod proridios further that upon failure of the Morrppr, Mortgapr's
Inds or amisgs, to mmiamin mid insurance upon the buildings, or an pay the eve, water rear and awe eau or whet charge, claims or lien
as aforesaid, the Moappe, in uncommon and assigns, may Insure the buildingm, or pay such mmes, weer cents and miter met or whet
charges, claims or lies, and the sums m advanced by the Mortgagee, is mccenon and assigns, shall be payable by the Mortgagor. Morepsoi s
heist ad msigu m the Mortgage, is sucmot. and wipe, and shall be added to and become • pan of the principal debt secured hereby
and shall bur interest thereon a the nit sec forth I. mid nos mail paid.
Tim Mortgagor herein spas that in the crew of the pomp, *her the doe of this Mortgap, of any law of the Commonwealth of
Prowimah, dedactins from the Wue of the land for mention purposes, any lien thereon, or changins in any way the Laws now in force
far slue nmloo of un r rope or deter secured thereby, for mare or local purposes, or the manor of the collective of say each eves, an
e an mifM the law" of the Mortgages, then the whole of mid principal debt secured by this Mortpp, together with the Interest due
deteaa, JWI ter the option of the Mortgagee Intel., immediately became due and PayaMa.
The Mortgasor herein further as" that if my Inmalimea of interest be not paid when due, such. Inualiment shall bet interest
a the ram set forth in mid anle until paid; in the cam that any payaew, provided for in the Note secured
hereby shall herotrre oredue
for • period I. racer of file- (IS) days, Monpsor awes to pay a "hte chase" of En ants (10) for each dollar an werdue, for the
purpose of defnyins empe.ms incident an beadlins the delinquent payment. And lumber, Monpsor awes nor to convey or wberwhe
crosier this to the martpged premises (either kph or equitable) without prior wtimen cam ent by the Mortgagee or the specific transfer.
A transfer to the wnivor or devisor or heirs of the Mortgagor in the evens of the Motrpson death shall not come within the prohibition
of this covcoses. -
NOW THIS INDENTURE WITNESSETH: That the aid . Mottpgor, as well for and In consideration of the aforemid debt and
fee the baser mom,ls; the payee.. of the tams, and iaeterr, e-slomafl new the mid Motcppe. Its succesatre or sssisv, and she pay.
Went of all premlmmr of insurance, taxes, water ,eon and sewer ants, municipal amesuoenm or charps, u a(oremid, exceeding to the
mndkiM of aid abliptiM, ad in dlselrarp thereof, u for and In consideration of the further mum of One ($1.00) Dollar stew
Mottgapr i0 Mod well and wly paid by the aid Mortgage, at and before the staling ad delivery of de se presents, the receipt
vdamd, is hereby acknowkdpd, MoMapr has gaemd, bargained, sold and cmveyed, and, by ehese presence don grant. bupim,
sell and convey mate the mid Mortgagee. Its nmmmn ad strips:
ALI. that certain lot ofland situate in the Borough of Lemoyne, Cuntbcrland
County, Pennsylvania, more particularly bounded and described as follows, to wit:
BEGINNING at a point on the southerly line of State Street, 105 feet measured
northeastwardly along said line from the easterly line of a 20 foot alley; thence along said
line of State Street, North 40 degrees 49 minutes East, 35 feet to a point; thence by the
western line of Lot No. 93 on the hereinafter mentioned Plan, South 49 degrees 11
minutes East, 145.6 feet.to an iron pin on the northerly line of a 20 foot alley; thence by
the latter, South 40 degrees 49 minutes West, 35.9 feet to a point; thence by a concrete
fowidation wall and lands raw or later of Ruth M. Shaffer, North 49 degrees ) I minutes
West, 30.2 feet to a point; thence by the same, North 40 degrees 49 minutes East, 0.9 foot
to a point; thence by the line of Lot No. 91, North 49 degrees 11 minutes West, 115.4 feet
to the SoutheFly line of State Street, the lace of BEGINNING.
HAVING thereon erected a dwelling house and an apartment building, premises
No. 626 State Street, Lemoyne, Pennsylvania.
BEING the same property conveyed to Mortgagors by decd of Paut E. Deit: el, Jr.
and Patricia R. Deit-rel, his wife, dated July 21, 1 1997 and recordeJ in Cumberland County
Deed Book 162 at Page 420.
TOG EMER with the oceans, allem Forages, ways, where, water eoumes, rights, liberties, pri.0yes, hereditament ad appu saran cm
whatmewr 'hernnro belonging as, I. anywise sppessidel j, and the revenkms and remainders, mots, I-. aad profit therm!, and
TOGETHER'with all buildings and Imptenemenn of -,y kind and deneription now as, bereaftar erected or placed thereon, including
all boilers, heating and lighting appamtus, aim JI oresm, awnings, rages or --a. and mechanical nfrliltdon, and all. each said artery
of the interior improvement aad limiters, -bk or immutable, of etery kind rod description I. and upon said promises„ or which may
herafar be placed I. or upon the same, as, used is connection nhemwhh; it being understood aad agreed between the parties harvest that
the words "land" and/or "premise" whereter they occur in these presents, than be deemed an Include all the fixtures and permad property
.hove mentioned aad winged. .
TO HAVE AND TO HOLD the mid described la of land, herediumestt and premim hereby granted and cooteyed, with rise appur-
,anan, unto the aid Mortgagee, its successtrs and assigns, m the only proper use and beboof of the aid Mortgagee, its euteemn *ad
assigns, FOREVER.
PROVIDED, HOWEVER, that in rue of default at .air time, in payment of mid principal debt or men, or of interest or charges or
premiums of inmsance, or of soy Pan be-(. when du.eud payable respretltely, by the terms and madhions of hid obligating far the
sp a of twenty (20) daysu aforeaid, o n the pedmnt of soy of the cmeasms n m fin inrouser, taus, or water *ad newer rem
r charges or claims u aforesaid, the whole of ski prhnlpal debt or sum and interest then unpaid, hull thereupon become due and payable
and an action of mortgage forerlomre my be rammenad forthwith co, this Mostpge and prosecuted to judgmeut, a:eradena aad ale (or
the eolletion of the whole amount of the mid principal debt and/or intent dietmn remaining -paid, together with all premium d
thee, ones and water and sewer tents paid, feet, costs and e:peaaes of strh proceedings, together with an mm-Ws comminion of
ten n per mntum (1096). 'All erron in mid proceedings, together with my of, or eaemptkn, or extension of time of payment, which my
be given by any Act or Am of Assembly, now to form, or which my be enacted hercr(ner, are- hereby foreter waived and released.
In the event of the taking of all or any portion of the pramime in any proceedings -der the power of emlomc danain, the entire
award rendered in mch proceedings than be paid at Mortgages, at be applied towed reimbunemear of ell cmta and elpeoees of Mortgagee
nation with mid proceedings, and toward the payment of all amounts payable by Mortgagor m Mortgagee hereunder, and towed
payment of the indebtedness treated hereby, or my pool- thereof, whether or not that due or Payable, or Mortgagor, at let option,
apply mid award, or any Pan thereof, w repair or rebuilding of aid premires.
AND PROVIDED further that it is thereby and hereby expressly agreed that in the event of any breach by Mortgagor of any nostrums,
condition, or agreement of mid recited obligation, or of this Mortgage, it Dull be lawful for the Mortgagee to enter upon all mod singular the
lands, building. and premises herein particularly described and by this Indenture anortsagmd, togahar with the hereditament. cad appurtenances,
and each and every part thereof, and to take possession of the same sod of the fixtures, appliances and equipment therein contained, and at base,
hold, manage, lease m the Mortgagor or my other person or persons, use and operate the man in such parcels and on such term and for
such periods of time as Moregages my deem proper in the sole ducresion of Mortgagee, the Mortgagor sgneiog that Mortgagor shall and
will, whenever requested by Mortgagee at at do, assiga, transfer and deliver area Mortgagee, any lease or sublese; and to collect and receive
all rents, issues and profits of the mid mortgaged premise and every put therof for which this Indenture shall be a sufficient warrant
whether or tam such lest or sublease he bent assigned m Mortgagee, and to make from rime a time, all alterations, renovations, repirs
and replacements thereto as may srcm judicious to Mortgagee, and after deducing the tort of any or all such alnntiom, rcnovatioms, regain
and replacement and expenses incident to taking sod mining possession of the mortgaged property and the management and operation
thereof, and keeping the same property insured, to, apply the residue of such rams, inure and prwfha, if coy, aching as afoterid, at the
payment of all evens, charge, claim., mieemmts, water and sewer ream and any other liras that may be prior in lien or payment to the
principal debt secured by this Intimater and premiums for sold insurance, with interest thereon, or w the interest and principal due and
secured by this Indenture of Mortgage, with all cote and mos cry's fees, in such order or priority, at Mortgagee, In the sole discmiom of
Mortgagee, may de a mine, any asaux, law, cusmor or use no the contrary, nossvid.ssmding; it being expressly agreed, however, that the
taking of possession by Mortgagee under this provision dull rat relieve any default which easy have been made by Morgagor, or prevent the
enforcement of any of the remedie by this Indenture, or by mid secimd obligation, provided in cam of such default,, and it is further
expressly understood and agreed that the mmcdin by this Indmsure and mid recited obligation provided for the enfoneaeor of the payment
of the principal sum hereby secured, with any adtikions theeto at above provided, together with low" thereon, a hereinbefore specified
and for the performance of the covam s, conditions and agreements, rotten and things herein contained, or by this Indenture referred to,
rc cumulative and concurrent and my be pursued singly or successively or together a the sole discretion of she Mortgagee, and my be
exercised u often as occasion therefor shall occur.
AND for the purpose of starring mid possession of mid mortgaged premises to Mortgage, I. the event of any breach a afotemM,
Mortgagor doe hereby authorise and empower my summary of any Court of Common Pleas In any County of the Commonwelth of Peem-
sylvania, or of any other court there or elsewhere, n attorney fm Mortgagor, a well as for all persons claiming under, by, or through
Mortgagor, to sign an agreement for enrccing in my components court an amicable maim In ejectment for possession of the premises mortgaged
by this Indenture, mgaher with rise heredhaments and apprrtmmhhaes as well a all figures, appliances and equipment of any nature wherso-
ever, now or hereafter installed upon or in amid mortgaged property (without my my of execution or appeal), aminat mid Mortgagor, u
well as all persons claiming under, by, or through Mortgagor and therein canfess judgment for the recovery by the Mortgagee of the pnmedon
of the mid mortgaged premises togarhar with rise hemditamenev sad apprteroances, as well as all fixture, appliance and equipment of any
nature whatsover now, or brasher installed upon or in mid mortgaged property, for which this Indenture (or copy, thereof verified by affi.
davit) shall be a sufficient warrant; whattupon If the Mortgagee so derims, a Writ of Possession my be Issued forthwith, without any prior
writ or proceeding whatsoever, Mortgagor hereby releasing and agreeing at release she Mortgagee from all errors and defects whameer in
meeting such action and/or judgment and in taming a" writ or writs ro be issued, and in any proceeding thereon or cancarniag the come,
and hereby agreeing that no writ of error or objection shall be made or taken thereto, provided but the Mortgagee dull have filed in such
anion an affidavit by it, or some one on behalf of Mortgagee, setting forth the (acts necessary as authorize the entry of such judgment,
according to the term of this Indmsure, of which fan such affidavit shall be coodusire evidence.
PROVIDED ALWAYS, NEVERTHELESS, chat if the mid Mortgagor. Mortgagor's heir and anigm, shall and do well and truly pay em camx
m be paid uoro the mid Mortgage, its successors and staigm, rise aforesaid debt together with interest as aforesaid, as set forth In the condition
of this obligation, and don lumber satisfy and discharge the mm, and the premiums of insurmte aforesaid, and further will, duties each
sad every year of the continuance of this Mortgage, comply with all conditions aced requirements for or in respect at all taus, water and
sewer rents, charge or claims as aforesaid, all of which the min Mortgagor, for Mortgagor's bein sad assigns, hereby expressly cavmsata,
agrec. to do and perform, them sad from thenceforth, u west this presenr Indenture, and the estate hereby granted, as the mid raised obllga-
don, shall became void of an effect, anything heariobefon remained m the contrary oawfthmrding.
AND PROVIDED FURTHER, and it Is hereby and tbettby especially covemated and agreed that in the vent there is more than am
party turned herein a a Mortgagor, the singu(ar word 'Woryagot", wherever occurins betties, shall be domed and taken at mean the plural.
AND PROVIDED FURTHER, that an savors. covenants, waivers, options, stipu(atiom, promises, undereakiega, agtoemerts, and rights and
bencfks given to, and obligations or Iisbilkin imposed upon, each and an of min parties taro„shag..irhsseh.so.sod.-61ad•duvo?joi y and
severally and its, his, her and their, and each of their respective. Men erecutin, admisha tat, su-ts, andCaisigbi. u" It' Sol l
IVvw ' ranes+.twvw 1 .111N1A
"'.404 Nn4"-
- - Mgp4A r hYrg
?Os'grMwor ItYl
IN WITNESS WHEREOF, the mid Mortgagor has bermnm sec hand and sal to day and year first. above wrkrea.
Wkoms:
SEAL)
REBECCA M. SMITH
__....___............ _.._.__---- -.._----- __.._....._---- ---------- (SEAL)
............................ .......... _._..._..._.__.__..._-------- ._....-.. (SEAL)
._._..._................. .... --------- ____._._.._........... (SEAL)
COMMONWEALTH OF PENNSYLVANIA
}SS:
COUNTY OF MXXCUMBERLAND )
On this 9th day of June A. D.2008. before me, a Notary Public to and for said County and
Coaomonwealth,petsorallyapPeared Rebecca M. Smith, unmarried
brown to me (or aisfactodly proven) to be the person whom name is submribed m the within Inammeny and acknowledged
that she executed the none for the purpou therein contained.
IN WITNESS WHEREOF, I have hercunso set my hand and Notarial Seal the day and year almessid.
Walary PuMk
M/?CotmHidoe Hapim:, NOWAK MM
YFMff7F T FM
NOW hillillb
MMMM iMfAOAW COIMIY
My OatnMgglsn 0q*" Jul 811 111011
I hereby certify that the predw address of the Moatppe herein is P.O. Box 1.79, Landisburg, Fenmylrania.
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COMMONWEALTH OF PENNSYLVANIA I
f SS:
COUNTY J
RECORDED in rim Office for Remoding of Deeds, Mortpgp, ere., in and for the County of
b Mortpp Rook Vol. . pap
WITNESS MY HAND and Seal of Office this _- -- day of
Amo Domino
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ROBERT P. ZIEGLER
RECORDER OF DEEDS
CUMBERLAND COUNTY
1 COURTHOUSE SQUARE
CARLISLE, PA 17013
717-240-6370
Instrument Number - 200819839
Recorded On 6/13/2008 At 11:04:22 AM
* Instrument Type - MORTGAGE
Invoice Number - 22947 User ED - RAK
* Mortgagor - SMITH, REBECCA M
* Mortgagee - BANK OF LANDISBURG
* Customer - BEAUCHAT ET AL
*FEES
STATE WRIT TAX $0.50
STATE JCS/ACCESS TO $10.00
JUSTICE
RECORDING FEES - $11.50
RECORDER OF DEEDS
AFFORDABLE HOUSING $11.50
COUNTY ARCHIVES FEE $2.00
ROD ARCHIVES FEE $3.00
TOTAL PAID $38.50
* Total Pages - 5
Certification Page
DO NOT DETACH
This page is now part
of this legal document.
I Certify this to be recorded
in Cumberland County PA
icf ouy?
-?
0 ?°
RECORDER O D DS
1730
" - Information denoted by an asterisk may change during
the verification process and may not be reflected on this page.
?I IIIIII1IIIIIII 1141III
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
?4ttttlr, :?I ?utut?Ffi??lt?
? tt 31 ? 1 riFl
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Bank of Landisburg
vs.
RealEstate Rehab, LLC
Case Number
2012-2505
SHERIFF'S RETURN OF SERVICE
04/26/2012 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search
and inquiry for the within named defendant, to wit: RealEstate Rehab, LLC, but was unable to locate them
in his bailiwick. He therefore deputized the Sheriff of Adams County, Pennsylvania to serve the within
Complaint and Notice according to law.
05/02/2012 02:20 P'M - Adams County Return: And now May 2, 2012 at 1420 hours I, James W. Muller, Sheriff of
Adams County, Pennsylvania, do hereby certify and return that I served a true copy of the within
Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: RealEstate Rehab, LLC by
making known unto Becky Smith, adult in charge for RealEstate Rehab, LLC at 321 Buford Avenue,
Gettysburg, Pennsylvania 17325 its contents and at the same time handing to her personally the said true
and correct copy of the same.
05/15/2012 01:18 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on May 15,
2012 at 1318 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the
within named defendant, to wit: RealEstate Rehab, LLC, by making known unto Robert Jumper, Tenant at
626 State Street, Apartment 2, Lemoyne, Cumberland County, Pennsylvania 17043 its contents and at the
same time handing to him personally the said true and correct copy of the same.
SHERIFF COST: $69.45
May 17, 2012
110-AH CLINE, DEPUTY
SO ANSWERS,
z X?az-?
RON R ANDERSON, SHERIFF
YORKTOWNE BUSINESS FORMS. INC. • PK (717) 845-5955 • FAX (717) 848.8936
DATE RECEIVED
SHERIFF'S DEPARTMENT
ADAMS COUNTY, PENNSYLVANIA
COURTHOUSE, GETTYSBURG, PA 17325
DATE PROCESSED
INSTRUCTIONS: See "INSTRUCTIONS FOR SERVICE OF PROCESS BY
SHERIFF SERVICE THE SHERIFF" on the reverse of the last (No. 5) copy of this form. Please
PROCESS RECEIPT, and AFFIDAVIT OF RETURN type or print legibly, insuring readability of all copies.
Do not detach any copies. ACED ENV.Y
1. PLAINTIFF/S/ 2. COURT NUMBER
THE BANK OF LAND$SBURG 2012-2505 Civil
3. DEFENDANTS/ 4. TYPE OF WRIT OR COMPLAINT:
REALESTATE REHAB, LLC Complaint in Mortgage Foreclosure
SERVE 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC., TO SERVICE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED OR SOLD.
RealEstat:e Rehab, LLC
10 6. ADDRESS (Street or RFD, Apartment No., City, Boro, Twp., State and ZIP CODE)
AT 321 Buford Avenue, Gettysburg, PA 17325
7. INDICATE UNUSUAL SERVICE: ? PERSONAL ? PERSON IN CHARGE ? DEPUTIZE ? CERT. MAIL ? REGISTERED MAIL ? POSTED ? OTHER
Now, , I, SHERIFF OF ADAMS COUNTY, PA., do hereby deputize the Sheriff of
County to execute this Writ and make return therof according to law. This deputation being
made at the request and risk of the plaintiff.
SHERIFF OF ADAMS COUNTY
8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE.
NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN-Any deputy sheriff levying upon or attaching any property under within writ may leave
same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to
any plaintiff herein for any loss, destruction or removal of any such property before sheriff's sale thereof.
9. SIGNATURE of ATTORNEY or other ORIGINATOR requesting service on behalf of: 10. TELEPHONE NUMBER 11. DATE
PLAINTIFF i
Richard W. Stewartf Es
q• ? DEFENDANT ? (717) 761-4540 1
Ormor- Gfr\Jry rvn war- yr ?ntcn?rr v1,11- ¦ - vv 1w I twos I W. oIW.a.vtn r n1.7 "IV,,
12. 1 acknowledge receipt of the writ SIGNATURE of Authorized ACSD Deputy or Clerk and Title 13. Date Received 14. Expiration /XINALK4[date
or complaint as indicated above. 4/30/2012 MAY 23 2012
15. 1 hereby CERTIFY and RETURN that I have personally served, ? have served person in charge, ? have legal evidence of service as shown in "Remarks" (on reverse)
? have posted the above described property with the writ or complaint described on the individual, company, corporation, etc., at the address shown above or on the
individual, company, corporation, etc., at the address inserted below by handing/or Posting a TRUE and ATTESTED COPY therof.
16. ? 1 herebv certifv and return' a NOT FOUND because I am. unable to locate the individual, company, corporation, etc., named above. (See remarks below)
17. Name and title of individual served 18, A person of suitable age and discretion Read order
Becky Smith, adult in charge at time of service then residing in the defendant's usual
place of abode. ?
?
19. Address of where served (complete only if different than shown above) (Street or RFD, Apartment No., City, Boro, Twp., 20. Date of Service 21. Time
State and ZIP CODE)
5/2/12 2:20PM
22. ATTEMPTS Date MIINs Dep.lnt. Date Mlles Dep.lnt. Date Mlles Dep.lnt. Date Mlles Dep.lnt. Date Mlles Dep.int.
23. Advance Costs 24. 25. 26. 27. Total Costs 28. = REFUND
$IM,W fLAtty. 39688 18.00 Pd. 5/9/12 $132.00 Ck. #29186
AFFIRMED and subscribed to before me this
day
A
By X MIi Dsp• Sheriff) (Please Print or Type) Date
mel Garcia, Jr. S
SigneWre of Sheriff Date
SHERIFF OF ADAMS COUNTY
- ?? /1-7
I ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE 1 1 39. Date Received
33000026
( } { 1 ) The within
upon , the within named
defendant by ntaiiing to
by mail, return receipt requested, postage
prepaid, ' on the _
a true and attested COPY thereof at
The return receipt signed __.----_.--
defendant on the
made a part of this return.
( 2 ) Outside the Commonwealth, pursuant to Pa.
and attested copy thereof at
in the following manner:
( ) (a) to the defendant by { ) registered ( ) certified maid, return receipt requested,
postage prepaid, addressee only on the
said receipt being returned NOT signed by defendant, but with a notation by the Postal Authorities
that Defendant refused to accept the same. The returned receipt and envelope is attached hereto
and made a part of this return.
And thereafter:
{ ) (b) To the defendant by ordinary mail addressed to defendant at same address, with the return
address of the Sheriff appearing thereon, on the
I further certify that after fifteen (1) days from the mailing date, I have not received
said envelope back from the Postal Authorities. A certificate of mailing is hereto attached as a
proof of mailing.
(3) By publication in the Adams County Legal Journal, a weekly publication of general circulation in
the County of Adams, Commonwealth of Pennsylvania, and the Gettysburg Times, a daily
newspaper published in the County of Adams, Commonwealth of Pennsylvania and having general
circulation in said County for
successive weeks of
_ __ -The Affidavits
from said Adams County Legal Journal and Gettysburg Times, are hereto attached and made
part of this return.
( 4 ) By mailing to
by return receipt requested, postage prepaid,
on the
a true and attested copy thereof at
The
Authorities marked
is hereto attached.
5 ) Other
is hereto attached and
R.C.P. 405 (c) (1) (2), by mailing a true
returned by the Postal
Johnson, Duffle, Stewart & Weidner
By: Richard W. Stewart
I.D. No. 18039
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
T L rAtW treys for Plaintiff
p? 1:
C Y 1-.VA 'l' ??.
THE BANK OF LANDISBURG,
Plaintiff
V.
REALESTATE REHAB,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 12-2505 Civil
CIVIL ACTION - LAW
IN MORTGAGE FORECLOSURE
PRAECIPE FOR DEFAULT JUDGMENT
TO THE PROTHONOTARY:
Enter judgment by default in favor of the Plaintiff, and against the Defendant, RealEstate Rehab, in the amount
of $207,157.32 with interest at the rate of 6.75% per annum from March 15, 2012, and costs, by reason of the failure of
the Defendant 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, Rebecca M.
Smith, at her last known address on June 6, 2012; 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.
?
Dated: L kt 9- --&o > 2et
:501446
Respectfully submitted,
JOHNSON, DUFFIE, STEWART & WEIDNER
By:
Richard W. Stewart
Qk ; (J' So-fd at
qWM
2? a
9171 9690 0935 0013 0787 72
Johnson, Duffle, Stewart & Weidner
By: Richard W. Stewart
Attorney I.D. No. 18039
301 Market Street
P. O. Box 109
Lemoyne, PA 17043-0109
(717) 761-4540
rws@jdsw.com
Attorneys for Plaintiff
THE BANK OF LANDISBURG,
Plaintiff
V.
REALESTATE REHAB, LLC,
Defendant
NO. 12-2505 Civil
CIVIL ACTION - LAW
IN MORTGAGE FORECLOSURE
TO: Realestate Rehab, LLC, 321 Buford Avenue, Gettysburg, PA 17325
DATE: June b , 2012
IMPORTANT NOTICE
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:
Court Administrator
Adams County Courthouse
Gettysburg, PA 17325
(717) 337-9846
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
JOHNSON, DUFFIE, STEWART & WEIDNER
BY: IV
Richard W. Stewart
:499413
I
Beth A. Fetterhoff
From: U.S._Postal _Service _ [U.S._Postal_Service@usps.com]
Sent: Thursday, June 07, 2012 4:28 PM
To: Beth A. Fetterhoff
Subject: USPS Shipment Info for 7196 9009 3500 1307 8772
This is a post-only message. Please do not respond.
JOHNSON DUFFIE has requested that you receive a Track & Confirm update, as shown below.
Track & Confirm e-mail update information provided by the U.S. Postal Service.
Label Number: 7196 9009 3500 1307 8772
Service Type: First-Class Certified Mail
Shipment Activity Location Date & Time
--------------------------------------------------------------------------------
Delivered GETTYSBURG PA 17325 06/07/12 2:21pm
Arrival at Unit GETTYSBURG PA 17325 06/07/12 8:22am
Depart USPS Sort
Facility
Processed through USPS
Sort Facility
Electronic Shipping
Info Received
Dispatched to Sort
Facility
Acceptance
HARRISBURG PA 17107
HARRISBURG PA 17107
LEMOYNE PA 17043
LEMOYNE PA 17043
06/07/12
06/07/12 4:27am
06/06/12
06/06/12 5:04pm
06/06/12 4:45pm
Reminder: Track & Confirm by email
Date of email request: 06/07/12
Future activity will continue to be emailed for up to 2 weeks from the Date of Request
shown above. If you need to initiate the Track & Confirm by email process again at the end
of the 2 weeks, please do so at the USPS Track & Confirm web site at
http://www.usps.com/shipping/trackandconfirm.htm
USPS has not verified the validity of any email addresses submitted via its online Track &
Confirm tool.
For more information, or if you have additional questions on Track & Confirm services and
features, please visit the Frequently Asked Questions (FAQs) section of our Track &
Confirm site at http://www.usps.com/shipping/trackandconfirmfaqs.htm
1
Johnson, Duffle, Stewart & Weidner
By: Richard W. Stewart
I.D. No. 18039
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
THE BANK OF LANDISBURG,
Plaintiff
V.
REALESTATE REHAB, LLC,
Defendant
Attorneys for Plaintiff °LEI OFI ??t
?;T PROTHONOTARY
2012 JUL 10 Al 11: 2 4
CUMBERLAND OUNTY
PENNSYLVANIA
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSY LVANIA
NO. 12-2505 Civil
CIVIL ACTION - LAW
IN MORTGAGE FORECLO
AMENDED PRAECIPE FOR DEFAULT JUDGMENT
TO THE PROTHONOTARY:
Enter judgment by default in favor of the Plaintiff, and against the Defendant, RealEstate Rehab,
amount of $207,157.32 with interest at the rate of 6.75% per annum from March 15, 2012, and costs, by r
failure of the Defendant to enter an appearance or to file an Answer within 20 days of the date of se
Complaint endorsed with a notice to defend.
It is hereby certified that written notice of intention to file this Praecipe was mailed to the Defendz
Rehab, LLC, at its last known address on June 6, 2012; said notice being mailed after the default occurred
(10) days prior to the date of the filing of this Praecipe. A true and correct copy of the aforesaid notice,
receipts for mailing, are attached hereto and made a part hereof.
Dated: July 6, 2012
504330
,LC, in the
ison of the
,ice of the
RealEstate
at least ten
:ether with
Respectfully submitted,
JOHNSON, DUFFIE, STEWART & WEI )NER
By:_
Richard W. Stewart
t? 4C3
9171 9690 0935 0013 0787 72
Johnson, Duffie, Stewart & Weidner
By: Richard W. Stewart
Attorney I.D. No. 18039
301 Market Street
P. O. Box 109
Lemoyne, PA 17043-0109
(717) 761-4540
rws@jdsw.com
THE BANK OF LANDISBURG,
Plaintiff
V.
REALESTATE REHAB, LLC,
Defendant
NO. 12-2505 Civil
CIVIL ACTION - LAW
IN MORTGAGE FORECL
TO: Realestate Rehab, LLC, 321 Buford Avenue, Gettysburg, PA 17325
DATE: June b 2012
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEI
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COUR
YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLES
YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MA'
BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUI
PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO,
LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO T?
OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGA
HELP:
Court Administrator
Adams County Courthouse
Gettysburg, PA 17325
(717) 337-9846
Attorneys for Plaintiff
IN THE COURT OF COMMON PL
CUMBERLAND COUNTY, PENNS'
JOHNSON, DUFFIE, STEWART & WEIDNER
Richard W. Stewart
OF
ANIA
IE
:499413
Beth A. Fetterhoff
From: U.S._Postal _Service _ [U.S._Postal_Service@usps.com]
Sent: Thursday, June 07, 2012 4:28 PM
To: Beth A. Fetterhoff
Subject: USPS Shipment Info for 7196 9009 3500 1307 8772
This is a post-only message. Please do not respond.
JOHNSON DUFFIE has requested that you receive a Track & Confirm update, as shown be
Track & Confirm e-mail update information provided by the U.S. Postal Service.
Label Number: 7196 9009 3500 1307 8772
Service Type: First-Class Certified Mail
Shipment Activity Location Date & Time
--------------------------------------------------------------------------------
Delivered GETTYSBURG PA 17325 06/07/12 2:21pm
Arrival at Unit GETTYSBURG PA 17325 06/07/12 8:22am
Depart USPS Sort
Facility
Processed through USPS
Sort Facility
Electronic Shipping
Info Received
Dispatched to Sort
Facility
Acceptance
HARRISBURG PA 17107
HARRISBURG PA 17107
LEMOYNE PA 17043
LEMOYNE PA 17043
06/07/12
06/07/12 4:27am
06/06/12
06/06/12 5:04pm
06/06/12 4:45pm
Reminder: Track & Confirm by email
Date of email request: 06/07/12
Future activity will continue to be emailed for up to 2 weeks from the Date of Reque t
shown above. If you need to initiate the Track &-Confirm by email process again at t e end
of the 2 weeks, please do so at the USPS Track & Confirm web site at
http://www.usps.com/shipping/trackandconfirm.htm
---------------------------------------------------------------------------------
USPS has not verified the validity of any email addresses submitted via its online Track &
Confirm tool.
For more information, or if you have additional questions on Track & Confirm services and
features, please visit the Frequently Asked Questions (FAQs) section of our Track &
Confirm site at http://www.usps.com/shipping/trackandconfirmfaqs.htm
1