HomeMy WebLinkAbout12-5229Johnson, QufFe, Stewart & We dnIF
By: Richard W. Stewart ? , n 1
Attorney I. DI. No. 18039 ?' L ttorneys for Plaintiff
301 Market (Street -;j,,, E2LAND Coux??'
P. O. Box 109 J ENtISY JJNNI A
Lemoyne, A 17043-0109
(717) 761-4 40
rwsQdsw.dom
THE BANK 01? LANDISBURG, IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff NO. -52a?01-va
v.
CIVIL ACTION - LAW
REBECCA M. SMITH,
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 Olt CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO
FIND OUT HERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(800) 990-9108
0
an„} 11% 103.15 ai?
CA- * WV 4
Tz# R79 lnla8"
Johnson, 4uffie, Stewart & Weidner
By: Richard W. Stewart
Attorney I.L. No. 18039
301 Market) Street
P. O. Box 1109
Lemoyne, IAA 17043-0109
(717) 761-540
rws@jdsw.oom
THE BANK 0 LANDISBURG,
Plaintiff
v.
REBECCA M. SMITH,
Defendant
Attorneys for Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
CIVIL ACTION - LAW
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, Rebecca M. Smith, (hereinafter sometimes called "Mortgagor") is an adult
individual residing at 321 Buford Avenue, Gettysburg, Adams County, Pennsylvania.
3. At all times material to the Plaintiff's 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 surd 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 ($1,483.23) each together with other
terms and cpnditions set forth in said Mortgage. The Mortgage is recorded in the Office of the Recorder of
Deeds of Cumberland County, Pennsylvania, to Instrument Number 200819839. A copy of said Mortgage is
set forth in E`Xhibit B attached hereto and made a part hereof by reference.
6. The Defendant Mortgagor is in default on the Mortgage in that it has failed to make the monthly
payments a$ 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, Duffie, Stewart & Weidner
301 Market Street
Post Office Box 109
Lemoyne, Pennsylvania 17043
717-761-4540
Attorneys for Plaintiff
RWSV:488025v?
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 elating to unsworn falsification authorities.
ROGER L. BLUMENSCHEIN
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:
BE INNING at a point on the southerly line of State Street, 105 feet measured northeastwardly
along said ine 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 Ian, South 49 degrees 11 minutes East, 145.6 feet to an iron pin on the northerly line of a 20
foot alley; HENCE by the latter, South 40 degrees 49 minutes West, 35.9 feet to a point; THENCE by a
concrete fo ndation 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 lace of BEGINNING.
HAVING thereon erected a dwelling house and an apartment building, premises No. 626 State
Street, Lem yne, Pennsylvania.
BEING Parcel No. 12-21-0267-341.
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
Mede his 9th day of June In the year of ... Para,
Two Thousand Eighti (2008).
BETWEEN
REBECCA M. SMITH, }unmarried, of Gettysburg, Pennsylvania
(heninalnr celled the Morcgagar, perry ¢( the first part,
AND
THE BANK OF LAND1SBURG, a Sock banking esaciadoo ezl,.I.S under the I.- of the Commonwnirh of Pe...yl.anie, Im IqS ;n
principal place of business 1. the 8orou h of landi.bur3, Party County, Peansylvanie. (Mortgage, parry of the second pan)
WHEREAS, the said Moupgot, emote and dele¢hd to the Mortgagee • Note I. the principal sum of ONE HUNDRED
NINETY-FIVE THOUSAND
----------------------------------(1195,000.00) DOLLARS,
with let ..A a the me set forth in =I I Nine payable at the time and In the nessim we forth in the aid Nine
c oleo office of aid Mottpga (or and other place u desigamed in writhes by the holder bend), and also for the payment from time
to time until aid debt and interen be fully paid, of the nenmq premiums and durgn on such policy or policies of fin, norm,
eapiaion Insurance, war damage is , or ou say and dl other lantce which the Mortgagee, It suceeasur teed a dipws may
=d ad Imes rime to rime spinet any her hoards, nsudties and motisIma in, for the further securi y of the debt hereby secured,
npae the buildings and Improvement escribed herein, or nay which may hereafter be erected on the premixes &seribcd herein; raid
policies of insurance of whemnover ki to be deposited wish the MortpSee, its mcomon or maligns, and transferred by properly
registered and approved sssignmenn ith aoa-contdbumry asoappe chose cached, mad any renewals of the am to be furnished
in said Mortgagee at least seem (7) ys before the aaplation of the same. In the event of less or damage, the proceeds of aid in.
surance shall be paid to M-pge don Morts son is authorised to adjust and compromise each low without the consent of Mortgagor, to
roBct, recelvt and receipt for such p vowd. I. he Dame of Mong.gee and Morta.gor, nod to endorse Mortgagors Dune upon any
,hack I. payments dermf. Such peat a shall be applied onward reimbuneat of all maw and eapernew of Morgyee I. collects
slid proceeds, and toward the payment all announce payable by Mortsagor to Mortgspe hereunder, and toward the payment of the Indebted.
new secured hereby or my portion them ? wh#ther or ant then due or payable, or Mortpsee in in option, may apply mid Insurance proceeds
or any pan thereof a the repair or who ding d aid Premises. In the event of ale of the premhes an foreclorure, the ownership of all policies
of imunnce shall paw to the purthmar a said ask and Morssesor hereby appoints Mortgage in aeat.ey-hn-fan, in Monaspes o.me to sashgn
and transfer all each policies as such pun r.. And also, far the payment, from lime to tine, will aid debt and interest be fully pad, of .11
um, water and rower man and all other rpr usd,daims.ssseued or levied at any the, present or future, by my lawful authority, upon the
property hereby granted, in secure ado lipak n, which by my present or future law or lees shall have priority in him or payment to the debt
seprecmted by aid obligation and seared this Morepp, when and a the same shall become due and payable, and else far the e:tiibitioo to
and Mortgagee, its sue: - or aaigm, of troupes for all toter, water and ewer ran aaered upon or d.,,S ble an the mortgaged property, u
she office of said Mo-gaeee, or a such r place a may be designated by the Mongape In wrkhi& wid,h. twenty (20) days otter each mer or
wa er or sewer one have been payable fare without the imporhioe of hime t or penalties, u well as ma dpn for all other sues as charges
or claims of every kind or acme which my present or future law or hn may be or bcolne alien upon the snostpged property prior in
lift in said Mortpse, or which my be bemme, by any present or fumes law or hes, first distrisoable or allowable or payable before
said debt, out of the proceeds of my jnd' W sale for mliniioo of aid debt, or o distributable or allowable or payable out of the proceeds
of my other judicial ale, and in ran of default of paymen u donseld, also for the payment of all seem fees ..,I separate of willectitig
the sane, including an eeamejs con nis a of ten per ream (10%) and pruyidiag further that upm failure of the Morspgor, Monpgor.'s
bean or assigns, ro maimin said lasunor upon the buidi.p, or to pay the same, weer rent sod mover mum or oche, d-S% claims or lie.
as aforesaid, the Monpaee, In mccam and ssisns, may home the buiidjvp, or pay 'such tmger, water rents and sewer 'note at otter
rise ^ claim or liens, and the some an advanced by the Mortpsee, Its sucoerton sad assigns, dull be payable by the Morns w, MorWipoes
hale and assigns to the Mortpsee, Its ucceson and usips, and shall be added to and become a part of the prinslpal debt natured hereby
sad shall bear I..- thereon st the rc aft forth I. said .ore umtl pad.
The Mortgagor herein mSwer the the event of the pump, afar the due of this Monsage, of any raw of the C-caswealth of
I4nasyivmle, deduaing from she value if the lard for natlo. purpaa, any lien thereon, or chasing in soy way the laws ma, I. farce
for the situations of morepps or debt cured thereby, for area or loud purposes, or the meaner of the collection of any each ties, an
we to affect the law" of to Mortgagee, then she whole of said principal debt secured: by this Moripp, wSeduw with she lumen due
dserenn, shall as the option of the Mon mim herein, immrdia dy become due and payable.
The Merigagor bercin further sg that If any insnEmsae of law- be not paid when due, such. Ismallmmt meld base Interest
at she raw, - forth I. said note until pa ; in the event thus my payment provided for I. the Noe secured hereby shall become uardur
W a period In e.cea of fifteen (15) y" Moripgor spas to pay a "late charge" of the cents (5g) for mach doldsr we overdue, for the
expose of ddnying eapeom incident bandlW the deliopuect psymeat And further, Monsmsor egame. not to convey or otherwise
tinder title to the mmupaed premise, elclser legal or equitable) without prior written retains by the Mortpiw to the specific wafer.
A transfer to she earviver or devisees or win of the Moregapr in the amt of the MortgUar, lath dull .ore mine within the prohlhit u,
.f this tovmau. .
NOW TMs IN muliE WnW : That the add- Mortimpt, ns well for and in consideration of the alaread debt and
far the better amts the payaant of rma, and interim as-aforesaid a- the said Mongsge, it aeassan or .alps, and she pay-
- of all premiums of i.sura.ce, t water ten- and newer mµ an aldpal summusents or charsm, a aforesaid, according yo de
madblow of sad obEpeho, and bed 4e shared, u for and J. consideration, of the furthty tons of Oise (11.00) Dollar now
Moteppr in hand well and truly paid er the said Mons".. at and before the miles and delivery of thee presents, the tempt
wheted, is hereby atkewisdpd, Al t has Snorted. barsdeed, old and conrged, and, by three presents dims arms. berpin,
sell and -r no. the said Mcirriples its eaecestora teed anise.:
ALL that certain lot ofland 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 4o a point; thence by the
western line of Lot No. 93 on the hereihAer mentioned Plan, South 49 degrees l 1
minutes East, 145.6 feet.to an iron pip 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 foot
to a point; thence by the line of Lot No. 91, North 49 degrees 11 ininutes West, 115.4 feet
to the Southefly line of State Street, the lace of BEGINNING.
HAVING thereon erected a dwelling house and all apartment building, premises
No. 626 State Street, Lemoyne, Pennsylvania.
BEING the same property conveyed to Mortgagors by decal of Paul E. Deitzel,.Ir.
and Patricia R. Deitzel, his wife, dated July 21, 1997 and recorded in Cumberland County
Deed Book 162 at Page 420.
TOGETHER with the street, alleys, passages, ways, waters, water cannot, rlout. liberties, privileges, hereditsmenu and appurtenances
wdanusver ihereanoo belmrgEng or I. anywise appertaining, and there .I- end remainder, rents, issues and profits thereof, and
TOGETHER'viiih an buildings and imptovements of every kind and description now or hereafter erected or placed thereon, including
ell boilers, heating and fighting apparatus, aim all sworn, awning, wages ce scam, and mechanical aafrigersdon, aad ate; each --'crew
of the interior improvements end fiareres, movable or Imnmrable, of carry kind -ad description I. and upon aid promises, os'whkb may
hereafter be placed I. or upon the aame, or used 1. eonaeaion them W; 1, being understood and grad b-ma the pants beano tint
the words "land" and/or "premises" where- they occur in these pnomm, dual( be deemed to include all the flaunts and personal property
above mentioned and conveyed '
TO HAVE AND TO HOLD the aid described la of land, hercditsments and premises hereby granted and conveyed, with the appur-
--cs, unm the mid Mortgagee, in suasmn and an%ns, to the only proper use and behoof of the aid Mortgagee, In soccusen and
evigns, FOREVER.
PROVIDED, HOWEVER, that in rase of default at, any time. In payment of mid principal debt or sum, or of Interest or charges of
premiums of inturaoce, or of ady pet Thereof, when due and payable respecriveir,.by the terms and conditions of aM obligation for the
space'of twenty (20) a:ys'a foretold, o in the performance of any of the covenants u at fire imurince, cow o water and sews rcaw
or charges or claims to aforesaid, the whole of aid principal debt or gum and Interest then unpaid, -bell thereupon become doe and Payable
and an action of umagage foredowre nay be commerwed (.,&with -oo this Mortgage and prorccured as judgment,. execution teal de for
the collection of the whole amount of the aid principal debt and/or interest thereon remaining unpaid, together with all premiums of
intunnce, cues and water 'and met an paid, few, costs and expenrn of such proceeding, together with an arromey- -Won of
ten per centum (10%). -All erron in mid proceeding, together with my of, or exemption, or eaeaskon of thus of payment, which may
be given by any Act or Acre of Assembly, now in tone, or which may be eructed heie.fan, an- hereby forever waived and released.
In the event of the taking of all or any portion of the premises in any proceedings wader the power of -I.- domain, the eadre
award readered in such proceeding -hall be paid to Mortgages, co be applied toward reimbursement of en can and sapentes of Mortgagee
erection with aid proceedings, and toward the payment of all amoants payable by Mortgagor co Mortgagee hereunder, and toward
payment of the Indebtedness secured heathy, or say portion thereof, whether or nor then due or payable, or Mortgagee at in option,
apply said ,word, or any' part thereof, x repair or rebuilding of aid premises.
AND PROVIDED further that it Is thereby and hereby expressly agreed that in the event of any breach by Mortgagor of any mrananta
condition, cur agree,-, of saki recital 6lipt- or of this Mortgage, it shall be lawful for the Mortgagee to enter upon ail and dnphir the
land., building. and premises here.. pa Irnl+rly denribed and by this Indentore mortgaged, together with the beredia-vas and appurtenances,
and each and even pan thereof, and ton a pwtenion of-the game and of the figurer, appWrca and equipment herein wntsined, and to here,
hold, manage, I.. co the Mortgagor or] goy other Person or person., use and oparae the same in such parcels and on such term and far
such periods of rime as Mortgagee mayj deem proper in the sole discretion of Mortgagee, the Mortgagor agreeing that Mortgagor shall and
will, wbenever requested by Mortgagee to do, assign, transfer and deliver unto Mortgagee, any Its. or mbleue, and to coUeer and receive
ail rents , Ivan and profits of the sold ngaged premises and every pre rherof for which this Indenture shall he a sufficient warrant
whether or rem such lean or subleae has been assigned w Mongsg", and to make from time to time, all alterations, reuwearions, "pain
gad replacements thereto as may seem dkbur to Morvpgee, and an, deducting the can of any or aE mch alterations, aucsvadans, repairs
and replacements, and expenses Incident to taking and training possession of the mortgaged property and the nuumpr ens and "oration
thereof, and keeping the sane property Insured, to apply the residue of such rents, Issues and profits, If any, arising u aforesaid, to the
payment of all axes, charges, claims, ass mments, water and "wet rents and any other Ilans that may be prior In lien or payment to the
principal debt secured by this Ind-tor and premiams for said insurance, with Imeren thereon, or as the Intense and principal due and
secured by this Indenture of Mortgage, with all was and atmrney s feu, In such order at priority, u Mortgagee, in the sole discretion of
Mortgagee, may determine, gay snore, aw, mum of use to the county, norwidwodiog; It being onprenly agreed, however, that the
taking of possession by Mortgagee under this provision shall am relieve any default which may have been made by hfortgapar, or prevent the
enforeement of any of the remedies this Indenture, or by mid recited obligation, provided in use of well default; and it Is further
expressly understood and agreed that t remedies by this lodenmrc and mid etched obligation provided for the enforcemam of the pgment
of the principal sum hereby secured, wi Is any additions thereto u above provided, together with Interest thereon, a herciobefon specified
and for the performance of the covera t s, conditions and agreements, roams and things hereta consisted, or by this Indenvrre refined to,
are cumulative and wnwrrcat and nay pursued singly of successively or together at the sole discretion of the Mortgagee, and vary be
exercised as aim. ar acrasloa therefor name.
AND for the purpose of severing aid possession of mid mortgaged premiss to Mortgagee, to the event of any breach a aforesaid,
Mortgagor does hereby autorr and power goy massey of any Conn of'Common Plan in goy County of the Commonwealth of Peon-
sylvanla, or of any other court then o alsewhere, as atmmey for Mortgagor, as well as for all permit claiming under, by, or through
Mortgagor, in sign an agt«ment for et dreg in my mmpaeot court an amiable salon in efenneot for ponwfon of the preahas mang.grd
by this Indensu", together with the i-es and apputerunon, u veil u all fixtures, appliances and equipment of my atom wh-a-
ever, now or hereafter installed upon o in said martgaged pmperry (without any say of execution or appeal), mdar said Mortgagor, as
well as all penoa claiming under, by, o through Mortgagor and therein confect judpnevt for the recovery by the Mortgagee of the passanion
of the mid mortgaged premises togethe with the herediumants and appartenances, as well u all fixtarn, appliances and equipment of any
rrasure whatsover now or hereafter land upon or in will marca.ged property, for which this Indenture (or copy thereof verified by .111.
dark) shall be • sufficient warner w =Pon if the Motgagee an daises, a Writ of Possession may be trued forthwith, without any print
writ of proceeding whescevey Mortgage hereby releasing and ayuiag to release the Mortgages fun all icon ad defects wimmonver, 1.
minting such scion and/or judgment • d In cawing such writ or win to be issued, and In any proceeding thereon or muceming the ume,
and hereby agreeing that no writ of er r or objection shall be made or taken thereto, provided that the Mortgagee shall have filed in such
anion an affidavit by it, or some one behalf of Mortgagee, setting forth the fans rimmary to authorize the entry of such Judgment,
accoadiag to the arms of this Indenture of which fare such alfidrvk shill be muchni it evidence.
PROVIDED ALWAYS, NEVER , that if the said Mortgagor, Moagagoi s helm and assigns, shall and do welt and truly pay or cruse
to be paid unto the mid Mongagee, in ceesaon and assigns, the aforesaid debt together with interest as aforesaid, n set forth in the condition
of this obligation, and don further subtly and discharge the same, and the premiums of insunna aloreald, and further will, during each
sad every year of the continuance of this Mortgaga, comply with all conditions and requirements for or in respect to all setts, water and
sewer rent% charges or claims in aforeai, all of which the said Mortgagor, for Mortgagors heirs and udgm, hereby exprenly nostrums,
agrees to do and perform, then and f thenceforth, u well this present Indenture, and the eetam hereby gained, u rise mid retired oblip-
don, shall become void of no affect, ao thing be"iabeforc contained to the contrary, notwithstanding.
AND PROVIDED FURTHER, and it is hereby and thereby expressly aoveaanted and agreed that in the event then is mare than ore
party named herein as a Mortgagor, the singular word "Moripgor", wherever attesting brain, shall be deemed and taken to mean the plural.
AND PROVIDED FURTHER, that all rum, covenants, waiven. options, nirdatkos, promlrcs, andemaklags, asaeomn, and right and
benefits given to, and obligations or liab licks imposed upon, each and all of aM panics "m..shaE.Jaura.w.and"6fnd.stiem fai y and
severally and its, his, her and their, and each of their ruprafve, bein executors, adminf son, sunesson, and'aWgdi. ire II' Sol 1
1gYscrflw A1SVVV0" 1720414
teatod 1nc#c.
' MgF'U1, 3 hr/1,rg '.
.enseunr B:YI
IN WITNESS WHRREOP, the aid Moktpgor has hermato set hand and seal the day and year first, above written.
via-:
-REBESMITH - - - -(SEAL)
'?- --,-'------ - . __._.--.?.----'-----------'------..-.(SEAL)
..._..._ ....................._.....--._........-..-- - ._....__...._..-'-._._ --.... ._...... _............ ..__.-..-_..-......._._..(SEAL)
COMMONWEALTH OF PENNSYLVANIA I
}SS:
COUNTY OFIMBYCUMBERLAND J
on this 9th day of June A. D. 2008, before me, a Notary Pu1,11c In and for said County and
Comm--th,petsonailyaPPeared Rebecca M. Smith, unmarried
known to me (or alstworily proven) to be the person whose name JS mbarribed m the within Instrument, and acknowledged
that she executed the same for the purpose therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and Notarial Sal the day and year aforesaid.
/1- 4
JI __
.. _ '? t ay Pobl&
e
spi, NOIYNL Sw
My{Ctitbrdiisioa Ppircs:
MIDI T IMIR
NeMry /11NMo
PSANUM MAMA COON
MI CenrnlMas IPWa Atsl lf, loll
I hereby certify that the precise add" of the Mortgagee herein Is P.O. BOX 179, Landisburg, Pennsylvania.
tmmq for M- Mat
ro '.
ro CI q
aro
w >t
u m o o.
NI b+q
F
o Od
$4
W H
CDC 0
M
;??
Q N ?
V
Ca
` C
o 4J
al 10
O
~ 0r
r
?tg?
it V rn m H
,,qq 9
b
tog Y e
COMMONWEALTH OF PENNSYLVANIA I
F SS:
COUNTY 1
RECORDED In the Office for Remsding of Deeds, Mottmm etc., In and for the County of
in Mortgage Book . Vol. .Palls
WITNESS MY HAND and Sal of Office this _T- -- day of _-
A am Domino
RE
?ama
a 0a°0
3YA?
50 eg
?E?
ROBERT P. ZIEGLER
RECORDER OF DEEDS
CUMBERLAND COUNTY
1 COURTHOUSE SQUARE
CARLISLE, PA 17013
717-240-6370
Instrument Number - 200819839
Recorded On 6/132008 At 11:04:22 AM
* Instrument Type - MORTGAGE
Invoice Number - 22947 User ID - 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
o cuNtr
0
RECORDER OfDADS
aao
* - Information denoted by an asterisk may change during
the verification process and may not be reflected on this page.
000T60
III 1111111111111111111111111111
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson ~~ ~Ej j~~_~~
Sheriff ,,t,, ~~; 4,~., ~.-~e., ~ N
PROTHO ! NARY
Jody S Smith F~,
Chief Deputy ?~~~~ (~'~' 23 ~M ~{
Richard W Stewart CUM®ERi,AND CUt1NTY
solicitor ~ENNSYLYQNtA
Bank of Landisburg
Case Number
vs.
Rebecca M. Smith ?012-5229
SHERIFF'S RETURN OF SERVICE
08/28/2012 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: Rebecca M. Smith, but was unable to locate her in his
bailiwick. He therefore deputized the Sheriff of Adams County, Pennsylvania to serve the within
Complaint In Mortgage Foreclosure according to law.
08/29/2012 11:59 AM -Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on August
29, 2012 at 1159 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the
within named defendant, to wit: Occupant of 626 State Street, Lemoyne, Pennsy nia 17043, by making
known unto Robert Jumper, current occupant at 626 State Street, Apa 2, e oyne, Cumberland
County, Pennsylvania 17043 its contents and at the same time handin t hi er ovally the said true
and correct copy of the same.
S
09/05/?_012 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: Rebecca M. Smith, but was unable to locate her in his
bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the
defendant Rebecca M. Smith. Request for service at 626 State Street, Lemoyne, Pennsylvania 17043 is
an apartment complex that Rebecca M. Smith owns but does not reside at. These properties are
managed by Crossroads Property Management, 42 W. King Street, Lancaster, Pennsylvania 17603.
Rebecca M. Smith is thought to be residing at 321 Buford Avenue, Gettysburg, Pennsylvania 17325 per
county tax records.
09/10/2012 10:'10 AM -Adams County Return: And now September 10, 2012 at 1010 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: Rebecca M. Smith by
making known unto herself personally, 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.
SHERIFF COST X74.45
October ~ 6. 2012
SO ANSWERS.
~-----
/ ~ ~
RON R ANDERSON, SHERIFF
Date Received
SHERIFF'S DEPARTMENT
ADAMS COUNTY, PENNSYLVANIA
COURTHOUSE, GETTYSBURG, PA 17325
SHERIFF SERVICE
PROCESS RECEIPT, and AFFIDAVIT OF RETURN
Date Processed
1. PLAINTIFFS, 2. COURT NUMBER I
I THE BANK OF LANDISBURG 2012-5229 i
~
DEFENDANT(S)
13 4. TYPE OF WRIT OR COMPLAINT
.
REBECCA M. SMITH COMPLAINT IN MORTGAGE FORECLOSURE
SERVE S.NAME OF INDIVIDUAL,COMPANY,CORPORATION,ETC,TO SERVICE OR DESCRIPTION OF PROPERY TO BE LEVIED.ATTACHED OR SOLD.
REBECCA M. SMITH
6. ADDRESS (STREET, APARTMENT NO., CITY, BOROUGH, TOWNSHIP, STATE AND ZIP CODE.
AT 321 BUFORD AVE., GETTYSBURG, PA 17325
i7.IN^vICATE UNUSUAL SERVICE LI PERSONAL ~ PERSON IN CHARGE U DEPUTIZE U CERT. MAIL ~ REGISTERED MA '_ i~ POSTED ~ OTHER
Now, , I, SHERIFF OF ADAMS COUNTY, PA, do hereby deputize the Sheriff of
' - !
~' _County to execute this Writ and make thereof according to law. Tnis deputation being
'~, made at the request and risk of the plaintiff. _ _ --
~
__ ___ ~HERI_FF OF ADAMS COUNNJJl
_ _
18. 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 w;th ;ut 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 sheriffs sale thereof. _
9. SIGNATURE of ATTORNEY or other ORIGINATOR requesting service on behalf of: ^ PLAINTIFF lO.TELEPHONE NUMBER 11. DATE
DEFENDANT
SPACE BELOW FOR USE OF SHERIFF ONLY - DO NOT WRITE BELOW THIS LINE
',12. I acknowledge receipt of the Writ SIGNATURE of Authorized ACSB Deputy or Clerk and Title 13. Date Received
I4. Expiration/Hearing Date
or complaint as indicated above. _
8/30/12 9/20/12
15. I Hereby ~rK I Irr ana nti vrsrv i nr1, , ~I nave penui,auy ~eiveu, LJ ~~a~~ ~~~~~u r,~,~u~, ~~, ~~,~,y~, a „~.. ~y.., ~.,.._,,.. ,,..~..•~_
I~ 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 ATTES>-ED COPY thereof.
16. ~ I hereby certify and return a NOT FOUND because I am unable to locate the individual, company, corporation, etc., named above.(See remarks below)'
- 18. A person of suitable age and discretion
17. Name and title of individual served. then residing in the defendanl:'s usual [] Read Order
Rebecca Smith lace of abode ~ '
10 ~•d ~,ho ad ( le}c I iF .rl, iffo !;p,,, ~ ~ '` nwv, iii ~, BOfO, TVJ 2v. Da'i8 'vf SeNICe 2i. Tl nle
dre_ ~ .. .. _.._ ,_.. _ cc^,p en y : rent tha^ s r above, .;trey--., AFt r P I I
9-10-12 I 10:~
Date ~ Miles ~ Dep.lnt. ~ Date ~ Miles ~ Dep.lnt. ~ Date
23. Advanc Gust 24. 25.
$15800 FM ATTY. - CK#40888
AFFIRMED and subscribed to before me this
day of
Prothonotary/Deputy/Notary Public
MY COMMISSION EXPIRES
I ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN
SIGNATURE OF AUTHORIZED ISSUING AUTHORITY AND TITLE.
Miles ~ Dep.lnt. ~ Date ~ Miles ~ Dep.lnt. !Date ~ Miles Dep.lnt.
26. 27. Total Costs 28. COST-D'~!E flR REFUND
$18.00 nd 10/1 12 $132.00 ck#29E
SO ANSWER
By (Sheriff/Deputy Sheriff)(Please Print or Type} Date
Gan _jvl~~n ~t~ 1-i`~-__.- ---- ~~0~1~.
Signature of Sheriff Date
JAMES W. MULLER 9/10/12
29. Date Received
SHERIFF OF ADAMS COUNTY
Johnson, Duffie, 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
REBECCA M. SMITH,
Defendant
PRAECIPE FOR DEFAULT JUDGMENT ;>~-, ~ ~~:?-~
~:y ~ ..
TO THE PROTHONOTARY: `- »" ca
.-
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.
Smith, at her last known address on November 7, 20123, 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
v.
Enter judgment by default in favor of the Plaintiff, and against the Defendant, Rebecca M. Smith, in the
It is hereby certified that written notice of intention to file this Praecipe was mailed to the Defendant, Rebecca M.
Attorneys for Plaintiff
TN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 12-5229 Civil
CNII, ACTION -LAW
IN MORTGAGE FORFrCLOSURE-~
c -
f"fi ~
C'i1
:~ ~""
:~ ~T, _r~.
__
~
r-
-.G I-
ap
~ ~''
~-- ~~_ °t ~;i
receipts for mailing, are attached hereto and made a part hereof.
Dated:
526783
Respectfully submitted,
JOHNSON, DUFFIE, STEWART & WEIDNER
By: '~(C~ ~°lr~ ~~
Richard W. Stewart
~ I!, .5o P q Ate/
~~~~~~a
~,# a 83 ,ten-5 - /
~0`~t Ge,1 - ~~
11/28/2012 13; 2R FAX 717 761 3015 JDS&w
1 -
Johnson, Duffle, Stevs=art & Weidner
By: Richard W. Stewa
Attorney I.D. No. 1803!"
301 Market Street
P. O. Box 109
Lemoyne, PA 17043-0``:09
(717) 761-4540
rws@jdsw.com -
THE BANK OF LANDIS~URG,
Phintiff
v.
CIVIL ACTION -LAW
REBECCA M. SMITH, ,; IN MORTGAGE FORECLOSURE
Defendant
TO: Rebecca 11A. smith, 321 Buford Avenue, Gettysburg, Pennsylvania 17325
DATE: November ~;=.7 , 2012
IMPORTANT NOTICE
YOU ARE ICI DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PEF~ONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT
YOUR DEFENSES t~R OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS
YOU ACT WITHIN "=EN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY
BE ENTERED AC~IINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR
PROPERTY OR'O~iER 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 T:~~iE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL
HELP:
Court Administrator
Adams County Courthouse
Gettysburg, PA 17325
(717) 337-9846
JOHNSON, DUFFIE, STEWART & WEIDNER
BY:
Ri ar W. tewart
Attorneys for Plaintiff
!¢J002~-002
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 12-5229 Civil
:524195