HomeMy WebLinkAbout13-2123 Supreme C,00,i , Wof�nnsylvania
COUri OffCOIIl O�Pleas For Prothonotary Use Only:
Ci ><l-
CoverSheet
Docket No: n
cunnayRLANb County IT efy
The information collected on this form is used solely for court administration purposes. This form does not
supplement or replace the f ling and service of pleadings or other papers as required by law or rules of court.
Commencement of Action:
S ixi Complaint 0 Writ of Summons 0 Petition
E Transfer from Another Jurisdiction 0 Declaration of Taking
C Lead Plaintiff s Name: Lead Defendant's Name:
T THE BANK OF LANDISBURG REALESTATE REHAB, LLC
Dollar Amount Requested: Qwithin arbitration limits
I Are money damages requested? D Yes D No (check one) xloutside arbitration limits
O
N Is this a Class Action Suit? Q Yes El No Is this an MDJAppeal? 0 Yes IX, No
A Name of Plaintiff/Appellant's Attorney: RICHARD W. STEWART, ESQUIRE
Check here if you have no attorney(are a Self-Represented [Pro Sel :Litigant)
Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your
PRIMARY CASE. If you are making more than one type of claim,check the one that
you consider most important.
TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS
0 Intentional Buyer Plaintiff Administrative Agencies
El Malicious Prosecution Debt Collection: Credit Card Board of Assessment
E] Motor Vehicle Q Debt Collection: Other Board of Elections
0 Nuisance E] Dept.of Transportation
Premises Liability El Statutory Appeal:Other
S Product Liability(does not include
E mass tort) Employment Dispute:
Slander/Libel/Defamation Discrimination
C 0 Other: Employment Dispute:Other i�_ Zoning Board
T Other:
I Q Other:
O MASS TORT
M Asbestos
N 0 Tobacco
Q Toxic Tort-DES
Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS
Toxic Waste
Other: [3 Ejectment Q Common Law/Statutory Arbitration
B El Eminent Domain/Condemnation F1 Declaratory Judgment
El Ground Rent 0 Mandamus
El Landlord/Tenant Dispute [3 Non-Domestic Relations
0 Mortgage Foreclosure:Residential Restraining Order
PROFESSIONAL LIABLITY Mortgage Foreclosure: Commercial 0 Quo Warranto
0 Dental Q Partition 0 Replevin
rl Legal 0 Quiet Title El Other:
0 Medical E] Other:
Other Professional:
Updated 1/1/2011
Johnson, Duffle, Stewart & Weidner "I,C7
C-141 :Zi
By: Richard W. Stewart
Attorney I.D. No. 18039 Attorneys for Plaintiff ' +M
301 Market Street
P. O. Box 109
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. 13-Qlal 25 Civil (eA-W
V.
CIVIL ACTION—LAW
REALESTATE REHAB, LLC,
IN MORTGAGE FORECLOSURE
Defendant
NOTICE TO DEFEND
You have been sued in court. If you wish to defend against the claims set forth in the following
pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a
written appearance personally or by attorney and filing in writing with the court your 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.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(800) 990-9108
i ca r75 P D A Trl/
C-r#gqlq
8#C�69415
Johnson, Duffle, Stewart & Weidner
By: Richard W. Stewart
Attorney I.D. No. 18039 Attorneys for Plaintiff
301 Market Street
P. O. Box 109
Lemoyne, PA 17043-0109
(717) 761-4540
rws@jdsw.com
THE BANK OF LANDfSBURG, IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
NO.
V.
CIVIL ACTION -LAW
REALESTATE REHAB, LLC,
IN MORTGAGE FORECLOSURE
Defendant
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
Pennsylvania limited liability company with an office at 321 Buford Avenue, Gettysburg, Adams County,
Pennsylvania.
3. At all times material to the Plaintiff's cause of action, the Mortgagor, Realestate Rehab, LLC,
has been the owner of a tract of land and the buildings thereon erected, hereinafter called "Land," known and
numbered as 140 Old State Road, Gardners, Dickinson Township, Cumberland County, Pennsylvania.
4. The Land is described in Exhibit A, attached hereto and made a part hereof by reference.
5. On August 26, 2008, in consideration of the loan of Ninety-Five Thousand ($95,000.00) 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 with
interest at the rate of 6.85 percent per annum on the unpaid balance and to make monthly payments on
account of principal and interest, in the amount of Seven Hundred Twenty-Eight Dollars and thirty-one cents
($728.31) 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
200829035. 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 October 26, 2012.
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 $85,586.11
Interest through March 12, 2013 at
the rate of 6.85% per annum 1,889.80
Late charges 728.40
10% attorney's collection fee 8,820.43
Total $97,024.74
WHEREFORE, the Plaintiff demands judgment against the Defendant in the amount of Ninety-Seven
Thousand Twenty-Four Dollars seventy-four cents ($97,024.74), together with interest thereon at the rate of
6.85% per annum from March 12, 2013, and the cost of this suit.
JOHNSON, DUFFIE, STEWART&WEIDNER
BY:
Richard W. Stewart
Attorney I.D. #18039
Johnson, Duffie, Stewart & Weidner
301 Market Street
Post Office Box 109
Lemoyne, Pennsylvania 17043
717-761-4540
Attorneys for Plaintiff
RWS:bf:546376
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
P-.C.S. §4904 relating, to unsworn falsification authorities.
ROG(:]iiBLUMENSCH N
EXHIBIT A
LEGAL DESCRIPTION
ALL THAT CERTAIN tract of land situate, with the improvements thereon situate in
Dickinson Township, Cumberland County, Pennsylvania, bounded and described as follows:
BEGINNING at a point on the eastern side of Township Road No. T-522, on the dividing
line between Lots Nos. 6 and 7 on the hereinafter mentioned plan of lots; THENCE by said
dividing line, South 68 degrees 36 minutes East, a distance of 177.62 feet to a point; THENCE
South 25 degrees 16 minutes West, a distance of 100.23 feet to a point on the dividing line
between Lots Nos. 5 and 6 on said plan; THENCE along the latter, North 68 degrees 36 minutes
West, a distance of 170.86 feet to a point on the eastern side of said Township Road; THENCE
along the latter, North 21 degrees 24 minutes East, a distance of 100.00 feet to a point, the place,
of BEGINNING.
BEING designated as Tax I.D. No. 08-40-2648-020.
BEING Lot No. 6 on the Plan of Lots known as Mt. View Heights as recorded in the Office
of the Recorder of Deeds for Cumberland County, Pennsylvania, in Plan Book 11, at Page 59, and
being improved with a one story dwelling and attached carport known as 140 Old State Road,
Gardners, Pennsylvania.
BEING the same property conveyed to Realestate Rehab, LLC by deed of Rebecca M.
Smith, single person, dated August 26, 2008, and recorded in the Office of the Recorder of Deeds
in and for Cumberland County, Pennsylvania to Instrument No. 200829035.
EXHIBIT B
MORTGAGE
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° z° - T P. ZIEGLER
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ORDER OF DEEDS
A� a ��( VBERLAND COUNTY
COURTHOUSE SQUARE
> ° r CARLISLE, PA 17013
a 717-240-6370 = ,
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Instrument Number-200829035
Recorded On 8/26/2008 At 2:01:02 PM *Total Pages-5
•Instrument Type-MORTGAGE
Invoice Number-27787 User ID-MBL
•Mortgagor-REALESTATE REHAB LLC
•Mortgagee-BANK OF LANDISBURG
•Customer-TRI-COUNTY
*FEES
STATE WRIT TAX $0 .50 Certification Page `
STATE JCS/ACCESS TO $10.00
JUSTICE DO NOT DETACH
RECORDING FEES - $11.50
RECORDER OF DEEDS This page is now part
AFFORDABLE HOUSING $11.50
COUNTY ARCHIVES FEE $2.00 of this legal document.
ROD ARCHIVES FEE $3.00
TOTAL PAID $38 .50
I Certify this to be recorded
in Cumberland County PA
c"t cf cu�ye�
RECORDER O D EDS
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*-Information denoted by an asterisk may change during
the verification process and may not be reflected on this page.
0010A4
II I II I I I I I�III I I I III I I III
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Made this 26th day of August in the year of our Lora,
Two Thousand Eight (2008)•
BETWEEN
REALESTATE REHAB, LLC, of Gettysburg, Adams County,
Pennsylvania
(hereinafter called the Mortgagor,party of the first part;
AND
THE BANK OF LANDISBURG, a State banking association existing under the laws of the Commonwealth of Pennsylvania, having its
principal place of business in the Borough of Isndisburg, Perry County,Pennsylvania. (Mortgagee,parry of the second part)
WHEREAS, the said Mortgagor, executed and delivered to the Mortgagee a Note in the principal sum of NINETY—FIVE
THOUSAND---------------------------------------------($95,000.00 ) DOLLARS,
with interest at the rate set forth in said Note payable at the times and in the manner set forth in the said Note
at the office of said Mortgagee (or such other place as designated in writing by the holder hereof), and also for the payment from time
to time until said debt and interest be fully paid, of the necessary premiums and charges on such policy or policies of fire, storm,
explosion insurance, war damage insurance, or on any and all other insurance .which the Mortgagee, its successor and assigns, may
demand from time to time against any other hazards, casualties and contingencies, for the further security of the debt hereby secured,
upon the buildings and improvements described herein, or any which may hereafter be erected on the premises described herein; said
policies of insurance of whatsoever kind to be deposited with the Mortgagee, its successors or assigns, and transferred by properly
registered and approved assignments with non-contributory mortgagee clause attached, and any renewals of the same to be furnished
to said Mortgagee at least seven (7) days before the expiration of the same. In the event of loss or damage, the proceeds of said in-
surance shall be paid to Mortgagee alone. Mortgagee is authorized to adjust and compromise such loss without the consent of Mortgagor, to
collect, receive and receipt for such proceeds in the name of Mortgagee and Mortgagor, and to endorse Mortgagor's name upon any
check in payment thereof. Such proceeds shall be applied toward reimbursement of all costs and expenses of Mortgagee in collecting
said proceeds,and toward the payment of all amounts payable by Mortgagor to Mortgagee hereunder,and toward the payment of the indebted-
near secured hereby or any portion thereof,whether or not then due or payable,or Mortgagee at its option,.may apply said insurance proceeds
or any part thereof to the repair or rebuilding of said premises.In the event of sale of the premises on foreclosure,the ownership of all policies'
of insurance shall pass to the purchaser at said sale and Mortgagor hereby appoints Mortgagee its attorney-in-fact,in Mortgagors name to,assign
and transfer all such policies to such purchaser.And also,for the payment,from,time to time,until said debt and interest be fully paid,of all
taxes,water and sewer rents and all other charges and.claims.assessed or levied at any time,present or future,by any lawful authority,upon the
property hereby granted,to secure said obligation,which by any present or future law or laws shall have priority in lien or payment to the debt
represented by said obligation and secured by this Mortgage,when and as the same shall become due and payable,and also for the exhibition to
said Mortgagee,its successors or assigns,of receipts for all taxes,water and sewer rents assesed upon or chargeable to the mortgaged property,at
the office of said Mortgagee,or at such other place as may be designated by the Mortgagee in writing,within twenty (20) days after such taxes or
water or sewer rents have been payable at face without the imposition of interest or penalties,as well as receipts for all other taxes or charges
or claims of every kind or nature which by any present or future law or laws may be or become a lien upon the mortgaged property prior in
lien to said Mortgage,or which may be or become,by any present or future law or laws, first distributable or allowable or payable before
said debt,out of the proceeds of any judicial sale for collection of said debt,or so distributable or allowable or payable out of the proceeds
of any other judicial sale,and in case of default of payments as aforesaid,also for the payment of all costs, fees and expenses of collecting
the same,including an attorney's commission of ten per centum (I0%) and providing further that upon failure of the Mortgagor,Mortgagor s
heirs or assigns,to maintain said insurance upon the buildings,or to pay the taxes,water rents and sewer rents or other charges,claims or lien
as aforesaid, the Mortgagee,'its successors and assigns, may insure the buildings, or pay such taxes, water rents and sewer rents or other
,charges,claims or liens,and the sums so advanced by the Mortgagee, its successors and assigns,shall be payable by the Mortgagor,Mortgagor's
heirs and assigns to the Mortgagee, its succesors and assigns, and shall be added to and become a part of the principal debt secured hereby
and shall bear interest thereon at the rate set forth in said note until paid.
The Mortgagor herein agrees that in the event of the passage, after the date of this Mortgage,of any law of the Commonwealth of
Pennsylvania, deducting from the value of the land for taxation purposes,any lien thereon,or changing in any way the laws now in force
for the taxation of mortgages or debt secured thereby, for ,tate nr local p:+rneses, or the manner of the collection of any such taxes, so
as to affect the interest of the Mortgagee, then the whole of said principal debt secured by this Mortgage, together with the interest due
thereon, shall at the option of the Mortgagee herein, immediately become due and payable.
The Mortgagor herein further agrees that if any installment of interest be not paid when due, such installment shall' beat interest
at the rate set forth in said note until paid; in the event that any payment provided for in the Note secured hereby shall become overdue
for a period in excess of fifteen (15) days, Mortgagor agrees to pay a"late charge"of five cents (5 0) for each dollar so overdue, for the
purpose of defraying expenses incident to handling the delinquent payment. And-further, Mortgagor agrees not to convey or otherwise
transfer title to the {mortgaged premises (either legal or equitable) without prior written consent by the Mortgagee to the specific transfer.
A transfer to the survivor or devisees or heirs of the Mortgagor in the event of the Mortgagors death shall not come within the prohibition
of this covenant.
NOW THIS INDENTURE WITNESSETH- That the said Mortgagor, as well for and in consideration,of the aforesaid debt and
for the better securing the payment of the same,and interest as aforesaid unto the said Mortgagee, its successors or,assigns, and the pay.
ment of all premiums of insurance, taxes, water rents and sewer rents, municipal assessments or charges, as aforesaid, according to the
conditions of said obligation, and in discharge thereof, as for and in consideration of the further sum of One ($1.00) Dollar unto.
Mortgagor in hand'well and truly paid by the said Mortgagee, at and before the staling and delivery of these presents, the receipt
whereof, is hereby acknowledged, Mortgagor has granted, bargained, sold and conveyed, and by these presents does giant, bargain,
sell and convey unto the said Mortgagee, its successors and assigns:
ALL that certain tract of land situate,with the improvements thereon situate in
Dickinson Township,Cumberland County,Pennsylvania,bounded and described as
follows:
BEGINNING at a point on the eastern side of Township Road No.T-522,on the
dividing line between Lots No.6 and 7 on the hereinafter mentioned plan'of lots;thence
by said dividing line,South 68 degrees 36 minutes East,a distance of 177.62 feet to a
point;thence South 25 degrees 16 minutes West,a distance of 100.23 feet to a point on
the dividing line between Lots No.5 and 6 on said plan;thence along the latter,North 68
degrees 36 minutes West,a distance of 170.86 feet to a point on the eastern side of said
Township Road;thence along the latter,North 21 degrees 24 minutes East,a distance of
100.00 feet to a point,the place of BEGINNING.
BEING designated as Tax I.D.No.08-40-2648-020.
BEING Lot No.6 an the flan of Lots known as Mt.View Heights as recorded in
the Office of the Recorder of Deeds for Cumberland County,Pennsylvania,in Plan Book
11,at Page 59,and being improved with a one story dwelling and attached carport known
as 140 Old State Road,Gardners,Pennsylvania.
BEING the same property conveyed to Mortgagor by deed of Rebecca M.Smith,
single person,dated August 26,2008 and recorded immediately prior hereto.
TOGETHER with the streets,alleys,passages,ways,waters, water courses, rights, liberties, privileges, hereditaments and appurtenances
Whatsoever thereunto belonging or in anywise appertaining,and the reversions and remainders, rents,issues and profits thereof,and
TOGETHER`*iih all buildings and improvements of every kind and description now or hereafter erected or placed thereon, including
all boilers,hearing and lighting apparatus,also all screens,awnings, ranges or stoves, and mechanical refrigeration, and all; each and every
of the interior improvements and fixtures, movable or immovable, of every kind and description in and upon said premises,or which may
hereafter be placed in or upon the same, or used in connection therewith; It being understood and agreed between the parties hereto that
the words "land" and/or "premisei' wherever they occur in these presents,shall be deemed to include all the fixtures and personal property
above mentioned and conveyed.
TO HAVE AND TO HOLD the said described lot of land, hereditaments and premises hereby granted and conveyed,' with the appur-
tenances, unto the said Mortgagee, its successors and assigns, to the only proper use and behoof of the said Mortgagee, its successors and
assigns, FOREVER.
PROVIDED, HOWEVER, that in case of default at any time, in payment of said principal debt or sum,or of interest or charges or
premiums of insurance,.or of any part thereof, when due and payable respectively, by.the terms and conditions of sold obligation for the
,oace of twenty (20) days as aforesaid, or in the performance of any of the covenants as to fire insurance, taxes or water and sewer rents
-barges or claims as aforesaid, the whole of said principal_debt or sum and interest then unpaid,shall thereupon become due and payable
action of mortgage foreclosure may be commenced forthwith on this Mortgage and prosecuted to judgtpent, execution and sale for
-ion of the whole amount of the said principal debt and/or interest thereon remaining unpaid,'together with all premiums of
'tes and water'and sewer rents paid, fees, costs and expenses of such proceedings, together with an attorney's commission of
(10%').All errors in said proceedings, together with stay of, or exemption, or extension of time of payment, which may
c or Acts of Assembly,now in force,or which may be enacted hereafter, are-hereby forever waived and released.
taking of all or any portion of the premises in any proceedings under the power of eminent domain, the entire
-ceedings shall be paid to Mortgagee,to be applied toward reimbursement of all costs and efpenses of Mortgagee
^dings, and toward the payment of all amounts payable by Mortgagor to Mortgagee hereunder, and toward
secured hereby, or any portion thereof, whether or not then due or payable, or Mortgagee at its option,
hereof,' Ve repair or rebuilding of said premises.
f
AND PROVIDED further that it is thereby and hereby expressly agreed that in the event of any breach by Mortgagor of any covenant,
condition,or agreement of said recited obligation,or of this Mortgage,it shall be lawful for the Mortgagee to enter upon all and singular the
lands, buildings and premises herein particularly described and by this Indenture mortgaged,together with the hereditaments and appurtenances,'
and each and every part thereof,and to take possession of the same and of the fixtures,appliances and equipment therein contained,and to.have,
hold,manage,lease to the,Mortgagor or any other person or persons, use and operate the same in such parcels and on such terms and for
such periods of time as Mortgagee may deem proper in the sole discretion of Mortgagee,the Mortgagor agreeing that Mortgagor shall and
will,whenever requested by Mortgagee so to do,assign,transfer and deliver unto Mortgagee, any lease or sublease; and to collect and receive
all rents, issues and profits of the said mortgaged premises and every part therof for which this Indenture shall be a sufficient warrant
whether or not such Iease or sublease has been assigned to Mortgagee,and to make from time to time,all alterations,renovations,repairs
and replacements thereto as may seem judicious to Mortgagee, and after deducting the cost of any or all such alterations, renovations,repairs
and replacements and expenses incident to taking and retaining possession of the mortgaged property and the management and operation
thereof,and keeping the same property insured, to apply the residue of such rents, issues and profits, if any, arising as aforesaid, to the
payment of all taxes, charges, claims, assessments, water and sewer rents and any other liens that may be prior in lien or payment to the
principal debt secured by this Indenture and premiums for said insurance, with interest thereon, or to the interest and principal due and
secured by this Indenture of Mortgage, with all costs and attorney's fees, in such order or priority,as Mortgagee, in the sole discretion of
Mortgagee, may determine, any statute, Iaw,custom or use to the contrary, notwithstanding; It being expressly agreed, however, that the
taking of possession by Mortgagee under this provision shall not relieve any default which may have been made by Mortgagor,or prevent the
enforcement of any of the remedies by this Indenture, or by sold recited obligation, provided in case of such default; and it is further
expressly understood and agreed that the remedies by this Indenture and said recited obligation provided for the enforcement of the payment
of the principal sum hereby secured,with any additions thereto as above provided, together with interest thereon, as hereinbefore specified
and for the performance of the covenants,conditions and agreements, matters and things herein contained, or by this Indenture referred to,
are cumulative and concurrent and may be pursued singly or successively or together at the sole discretion of the Mortgagee, and may he
exercised as often as occasion therefor shall occur.
AND for the purpose of securing said possession of said mortgaged premises to Mortgagee, in the event of any breach as aforesaid,
Mortgagor does hereby authorize and empower any attorney of any Court of Common Fleas in any County of the Commonwealth of Penn-
sylvania, or of any other court there or elsewhere, as attorney for Mortgagor, as well as for all persons claiming under, by, or through
Mortgagor, to sign an agreement for entering in any competent court an amicable action in ejectment for possession of the premises mortgaged
by this Indenture, together with the hereditaments and appurtenances as well as all fixtures,appliances and equipment of any nature whatso-
ever, now or hereafter installed upon or in said mortgaged property (without any stay of execution or appeal), against said Mortgagor, as
well as all persons claiming under,by,or through Mortgagor and therein confess judgment for the recovery by the Mortgagee of the possession
of the said mortgaged premises together with the hereditaments and appurtenances,as well as all fixtures,appliances and equipment of any
nature whatsover now or hereafter installed upon or in said mortgaged property, for which this Indenture (or copy thereof verified by affi-
davit) shall be a sufficient warrant, whereupon if the Mortgagee so desires,a Writ of Possession may be issued forthwith,without any prior
writ or proceeding whatsoever,Mortgagor hereby releasing and agreeing to release the Mortgagee from all errors and defects whatsoever in
entering such action and/or judgment and in causing such writ or writs to be issued,and in any proceeding thereon or concerning the same,
and hereby agreeing that no writ of error or objection shall be made or taken thereto,provided that the Mortgagee shall have filed in such
action an affidavit by ii,or some one on behalf of Mortgagee, setting forth the facts necessary to authorize the entry of such judgment,
according to the terms of this Indenture, of which facts such affidavit shall be conclusive evidence.
PROVIDED ALWAYS,NEVERTHELESS,that if the said Mortgagor,Mortgagor's heirs and assigns,shall and do well and truly pay or cause
to be paid unto the said Mortgagee,its successors and assigns,the aforesaid debt together with interest as aforesaid,as set forth in the condition
of this obligation,and does further satisfy and discharge the same,and the premiums of insurance aforesaid, and further will, during each
and every year of the continuance of this Mortgage,comply with all conditions and requirements for or in respect to all taxes, water and
sewer rents,charges or claims as aforesaid,all of which the said Mortgagor, for Mortgagors heirs and assigns, hereby expressly covenants,
agrees to do and perform,then and from thenceforth,as well this present Indenture,and the estate hereby granted,as the said recited obliga-
tion, shall become void of no effect,anything hereinbefore contained to the contrary notwithstanding.
AND PROVIDED FURTHER, and it is hereby and thereby expressly covenanted and agreed that in the event there is more than one
parry named herein as a Mortgagor,the singular word "Mortgagor',wherever occuring herein,shall be deemed and taken to dtean the plural.
AND PROVIDED FURTHER, that all grants, covenants, waivers, options, stipulations, promises, undertakings, agreements, and rights and
benefits given to,and"obligations or liabilities-imposed upon,each and all of said patties hereto shall inure to and bind them jointly and
severally and its, his, her and their,and each of their respective,heirs executors,administrators,successors and assigns.
IN WITNESS WHEREOF,the said Mortgagor has hereunto set hand and seal the day and year first above written.
Witness:
ATTEST: REALESTATE REHAB,, LLC
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(SEAL)
"--.._-.__ •-R -E ._.. I�-, Preg -di n'rit---°
..... ------------_------------------_----- ,-------------- _--- ---,----------_------------(SEAL)
........... ... ...... .-------._._......- - :_..._.. - -,._......_ (SEAL)
- ....._,:-`- ..:..._ - __.----._...._..-- ._._.. - - _ .......... °- - (SEAL)
COMMONWEALTH OF PENNSYLVANIA
ASS:
COUNTY OF PERRY J
On this 26th day of August A.D.2 O()$before'me,a Notary Public in and for said County and
Commonwealth,personally appeared Rebecca M. Smith, President of RealEstate ReHab, LLC
known to me (or saisfactorily proven) to be the person whose name iS subscribed to the within instrument, and acknowledged
that She executed the same for the purpose therein contained.
IN WITNESS WHEREOF, 1 have hereunto set my hand and Notarial Seal the day and year aforesaid.
Notary Public
My Commission Expires:
NOTARIAL SEAL
SCOTT W.MORRISON,NOTARY PUBLIC
BLOOMFIELD BORO,PERRY COUNTY
MY COMMISSION EXPIRES MAY 3 2012
I hereby certify that the precise address of the Mortgagee herein is P.O. BOX 179, Landisburg, Pennsylvania.
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COMMONWEALTH OF PENNSYLVANIA
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COUNTY f
RECORDED in the Office for Recording of Deeds, Mortgages, etc.,in and for the County of
in Mortgage Book Vol. ,page
"SS MY HAND and Seal of Office this —_r __ _.___—___day of
0 F ! 'FIE Pf:0TH0NOTA R`
2013 MAY ! b PM 1., 29
CUMBERLAND COUNTY
:PENNSYLVANIA
THE BANK OF LANDISBURG, IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
: NO. 13-2123 CIVIL
V.
: CIVIL ACTION — LAW
REALESTATE REHAB, LLC,
IN MORTGAGE FORECLOSURE
Defendant
PRAECIPE TO SETTLE AND DISCONTINUE
Please mark the above-captioned matter settled and discontinued.
JOHNSON, DUFFIE, STEWART &WEIDNER
BY:
Richard W. Stewart
Attorneys for Plaintiff
:557539
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson +-il L OF f= J1T-''E
t
Sheriff _! ) ,'l' PR0T�'�Ji��i'Y
ktit�i
Jody S Smith : { 3 P,A Y 29 1
Chief Deputy '
Richard W Stewart • d.MtBERLAt40 CQUI I 'l'
Solicitor c �vC�F PE?` SYE.\='AN1A
The Bank of Landisburg
Case Number
vs.
RealEstate Rehab, LLC 2013-2123
SHERIFF'S RETURN OF SERVICE
04/22/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry
for the within named Defendant to wit: RealEstate Rehab, LLC, but was unable to locate the Defendant in
the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Adams, Pennsylvania to serve the
within Complaint&Notice according to law.
05/02/2013 01:15 PM -The requested Complaint& Notice served by the Sheriff of Adams County upon Rebecca
Smith, Owner,who accepted for RealEstate Rehab, LLC, at 321 Buford Avenue, Gettysburg, PA 17325.
James Muller, Sheriff, Return of Service attached to and made part of the within record.
SHERIFF COST: $37.46 SO ANSWERS,
May 23, 2013 RbNW R ANDERSON, SHERIFF
(c)CountySuito Sheriff,Toleosoft,Inc.
DATE RECEIVED DATE PHCX:E5:itD
SHERIFF'S DEPARTMENT
ADAMS COUNTY, PENNSYLVANIA
COURTHOUSE, GETTYSBURG, PA 17325
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.ACSD ENV.N
1.PLAINTIFF/S/ 2.COURT NUMBER
THE BANK OF LANDISBURG 2013-2
3.DEFENDANT/S/ 4.TYPE OF WRIT OR COMPLAINT:
SERVE 5• NAME OF INDIVIDUAL,COMPANY,CORPORATION,ETC.,TO SERVICE OR DESCRIPTION OF PROPERTY T BE LEVIED,ATTACHED LD.
osu
10 Realestate Rehab, LLC
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: ❑PERSONALXXPERSON 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
S.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 toss,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
XXPLAINTIFF
❑DEFENDANT (717) 761-4540 4/18/13
SPACE BELOW FOR USE OF SHERIFF ONLY — DO NOT WRITE BELOW THIS LINE
12.1 acknowledge receipt of the writ SIGNATURE of Authorized ACSD Deputy or Clerk and Title 13.Date Received 14.Expiration I Hearing date
or complaint as indicated above. 4/29/13
15. 1 hereby CERTIFY and RETURN that 1 ❑ have personally served, lave 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 hereby certify 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 I Read Order
Rebecca Smith, owner
then
ece of abode.O defendant's usual ❑
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)
5-2-13 1:15PM
22,ATTEMPTS Date Miles I Dep.lnt. Date Mlles Dep.lnt. Date Mille Dep.Int I Date Mlles I DepAnt. I Date I Miles Dep.lnt.
23.Advance Costs 24. 25. 26. 27.Total Costs 28.COST DUE OR REFUND
$150.00 fm atty 2771 $18.59 . $131.42 C� 3�by
oe
S ANSW
AFFIRMED and subscribed to before me this y
day of
De o�ffl
She iff Angel or Day-2-13
Signature of Sheriff Date
James W. Muller 5-2-13
Prothonotery/De"thlotary Public
SHERIFF OF ADAMS COUNTY
MY COMMISSION EXPIRES
I ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE 39.Data Received
OF AUTHORIZED ISSUING AUTHORITY AND TITLE.
PROTHONOTARY