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Home My WebLink About13-5494 Supreme Count of'1?ennsylvania �t rf' Cou ' -o ,C in M Pleas For Prothonotary Use Only: dt - C heet �' S b No: CUMBERLAND Coun I t/ The information collected on this form is used solely court administration purposes. This form does not supplement or replac the filing and service of pleadings or other papers as required by 10111 or rules of court. j Commencement of Action: S IX' Complaint El Writ of Summons El Petition Transfer from Another Jurisdiction 0 Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: The Bank of Landisburg Dana L. Schultz a /k/a Dana A. Gelbaugh T Dollar Amount Requested: O within arbitration limits Y Are money damages requested? M Yes 0 No (check one) ]outside arbitration limits O N Is this a Class Action Suit? F 1 Yes No Is this an MDJAppeal? 13 Yes M No Name ofPlaintiff /A Plaintiff/Appellant's Attorne Melanie L. Vanderau, Esquire I A PP Y� Check here if you have no attorney (are a Self - Represented JPro Se] :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 E3 Intentional El Buyer Plaintiff Administrative Agencies Malicious Prosecution 0 Debt Collection: Credit Card 0 Board of Assessment Motor Vehicle E3 Debt Collection: Other 0 Board of Elections ` Nuisance [3 Dept. of Transportation I [ I_] Premises Liability 3 Statutory Appeal: Other S 0 Product Liability (does not include �F Employment Dispute: mass tort) E Slander/Libel /Defamation Discrimination C D Other: M Employment Dispute: Other I Zoning Board T , Other: I Other: O MASS TORT M Asbestos N 0 Tobacco 0 Toxic Tort -DES 0 Toxic Tort -Implant REAL PROPERTY MISCELLANEOUS f CI Toxic Waste 3 Ejectment 0 Common Law /Statutory Arbitration B Other: Eminent Domain /Condemnation E] Declaratory Judgment D Ground Rent p _i Mandamus ;! Landlord/Tenant Dispute Non - Domestic Relations X' Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY 1__i Mortgage Foreclosure: Commercial El Quo Warranto 0 Dental I©' Partition 0 Replevin 0 Legal I i Quiet Title 0 Other: � Medical E] Other: ❑ Other Professional: i i Updated 1/1/2011 4? 13 SEEP PEN Y ' cot ] ti - , /f`� ,� Melanie L. Vanderau, Esquire METTE, EVANS & WOODSIDE Sup. Ct. ID No. 203167 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232 -5000 (717) 236-1816 (fax) mlvanderau@mette.com Attorneys for Plaintiff THE BANK OF LANDISBURG, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DANA L. SHULTZ, a/k/a DANA L. : DOCKET Ct V T NO. GELBAUGH, � � 5 Defendant i NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims following pages, you must take action within twenty (20) days after this Complaint and Not ce are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. Q' � at� IU J DLL aasg YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 34 S. BEDFORD STREET CARLISLE, PA 17013 TELEPHONE: (717) 249 -3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 2 METTE, EVANS & WOODSIDE Melanie L. Vanderau, Esquire Sup. Ct. ID No. 203167 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110 -0950 (717) 232 -5000 (717) 236 -1816 (fax) mlvanderau@mette.com Attorneys for Plaintiff THE BANK OF LANDISBURG, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DANA L. SHULTZ, a/k/a DANA L. DOCKET NO. GELBAUGH, Defendant COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff, BANK OF LANDISBURG, by its attorneys files this Complaint in Mortgage Foreclosure pursuant to Pa. R.C.P. § 1141 et seq., and in support thereof avers the following: Parties 1. Plaintiff, The Bank of Landisburg, is a Pennsylvania state chartered bank ( "Plaintiff') with an address at 100 North Carlisle Street, Landisburg, PA, 17040. 2. Defendant, Dana Schultz, a/k/a Dana L. Gelbaugh is an adult individual with a last known address of 1013 Burnt House, Carlisle, Cumberland County, Pennsylvania. 3 Jurisdiction & Venue 3. This Court has jurisdiction over this matter pursuant to 42 Pa. C.S.A. §931(a). 4. Venue is proper under 42 Pa. C.S.A. §931(c) because the subject property is in Cumberland County. Background 5. On June 27, 2006, Defendant executed a Mortgage Note in the original principal amount of Sixty One Thousand Dollars and 00 /100 ($61,000.00). A true and correct copy of the Mortgage Note is attached hereto as Exhibit "A" and referred to as the "Note ". 6. Defendant's payment and performance obligations under the Note are secured by a lien and security interest created by a mortgage dated June 27, 2006 with Defendant as Grantor in favor of Plaintiff as Lender and recorded on July 3, 2006 in the Cumberland County Recorder of Deeds Office at Book 1957, Page 0706. A true and correct copy of the mortgage is attached hereto as Exhibit `B" and made a part hereof (the "Mortgage "). 7. The real property subject to the Mortgage is 1313 Pine Road, Carlisle, Cumberland County, Pennsylvania, as more particularly described in the Mortgage (the "Property "). 8. Defendant is the real owners of the Property. 9. The indebtedness evidenced by the Note and secured by the Mortgage is in default. Defendant has failed to pay required bi- monthly payments under the Note since May 9, 2013. 10. Notice of such default and Defendants' rights under the Pennsylvania Loan Interest and Protection Law ( "Act 6 ") and the Housing Financing Agency Law ( "Act 91 ") was provided to Defendant on June 5, 2013, by certified mail, at the property address and again on June 17, 2013, by certified mail, at her resident address. True and correct copies of such Notice to the Defendant is attached hereto as Exhibit "C" and made a part hereof (collectively the "Notice ") 4 11. As of August 30, 2013 the amount due and owing under the Note is $49,928.83 which is computed as follows: Principal $47,615.80 Interest as of August 30, 2013 $965.49 Charges /Fees as of August 30, 2013 $1,047.54 Attorney's Fees: $300.00 Total $49,928.83* *Interest accruing at the per diem rate of $8.54, costs and attorneys' fees continue to accrue from August 30, 2013. 12. The attorneys' fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and, will be collected in the event of a third party purchaser at Sheriff's sale. If the Mortgage is reinstated prior to the sale, reasonable attorneys' fees will be charged based on work actually performed. COUNT I — MORTGAGE FORECLOSURE 13. The above paragraphs are incorporated herein by reference as if fully set forth. 14. Judgment has not been entered on the Mortgage in any jurisdiction. 15. The Note and Mortgage have not been assigned. 16. Plaintiff is entitled to Judgment in Mortgage Foreclosure. WHEREFORE, Plaintiff respectfully requests that your Honorable Court enter Judgment in Mortgage Foreclosure in its favor and against Defendants in the amount of $49,928.83 plus continuing interest at the rate of $8.54 per diem after August 30, 2013, attorneys' fees, costs and expenses, and authorizing sale of the Real Property by the Sheriff of Cumberland County on such Judgment in Mortgage Foreclosure. 5 i Respectfully submitted, i METTE, EVANS & WOODSIDE 1� Melanie L. anderau, Esquire Sup. Ct. ID No. 203167 j 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110 -0950 (717) 232 -5000 (717) 236 -1816 (fax) Attorneys for Plaintiff Date: September 18, 2013 i ; i i i ; ; i i i I 6 VERIFICATION I, Robert W. Lawley, have read the foregoing Complaint in Mortgage Foreclosure and verify that the facts set forth therein are true and correct according to the best of my knowledge, information and belief and that I am authorized to executed this Verification on behalf of the bank. I understand that any false statement made herein is subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. ` b .w. Robert W. Lawl , hief Credit Officer The Bank of Landisburg Dated: 7 667493v1 i 1 �. �� f i f J �.� ,— a I. I _. II 4 I 1 L I S i I 1 i i. I I j i �;1 a 1 I I ' � � 1 Mortgage Note 4 June 27, 2006 US . 61 FOR VALUE RECEIVED, the undersigned (hereinafter called the "Borr ower") promises to pay THE BANK OF ni LANDISBURG, a State banking association existing under the laws of the Commonwealth of Pennsylvaa, having its i, principal place of business in the Borough of Landisburg, Perry County, Pennsylvania, (hereinafter called the "Bank ") or to its order, the principal sum of----------------------------- ------------ — --- -------- S1XT1' -ONE THOUSA - - - --- --- - - - - -- -- -($ 61,000.00) DOLLARS together with interest on the unpaid principal balance at the rate of S,$5 percent per annum, said principal and interest to be paid at the times and in the matter set forth as follows, to wit: Borrower shall pay to Bank the sum of $268.53 fourteen days from the date of this Note, and a like sum each and every fourteen days thereafter until said principal sum with interest at the rate aforesaid is paid in full . Said payments shall be applied first to the payment of interest and the balance on the reduction of the principal indebtedness. In the event of the sale of the mortgaged property, by land contractor otherwise, the entire unpaid balance of the principal will immediately become due and payable at the option of the Bank. Borrower shall maintain a deposit account with Bank such that the aforesaid bi- weekly payment will be automatically transferred from said deposit account and appli ed to this note until said principal sum with interest at the rate aforesaid is paid in full at the office of said Bank (or such other place as designated in writing by the holder hereof) and shall also, from time to time, until said debt and interest be fully paid, renew and keep alive, by paying 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 Bank its successors or assigns, may demand for further security of said debt upon the buildings and improvements described in the Mortgage accompanying and securing this present obligation, or any which may be hereafter erected thereon, said policies of insurance of whatsoever kind to be deposited with the Bank, its successors or assigns, and transferred by properly registered and approved assignments with non - contributing mortgagee clauses attached, and any renewals of said policies to be furnished to said Bank at least seven (7) days before the expiration of said policies; in the event of loss or damage, the proceeds of said insurance shall be paid to Bank alone. Bank is authorized to adjust and compromise such loss without the consent of Borrower, to collect, receive and receipt for such proceeds in the name of Bank and Borrower, and to endorse Borrower's name upon any check in payment thereof. Such proceeds shall be applied toward reimbursement of all costs and expenses of Bank in collecting said proceeds, and toward the payment of all amounts payable by Borrower to Bank hereunder, and toward the payment of the indebtedness secured hereby or any portion thereof, whether or not then due or payable, or Bank 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 Borrower hereby appoints Bank its attorney -in -fact in Borrower's name to assign and transfer all such policies to such purchaser. The Borrower shall also pay, from time to time, until said debt and interest be fully paid, all taxes, water and sewer rents and all charges and claims assessed or levied at any time, present or future, by any lawful authority upon the mortgaged premises, which by any present or future law or laws shall have priority in lien or payment to the debt represented by this obligation, and secured by said Mortgage, when and as the same shall become due and payable, and shall also exhibit to said Bank, its successors or assigns, receipts for all taxes, water and sewer rents assessed upon or chargeable to the mortgaged property, at the office of said Bank, or at such other place as may be designated by said Bank in writing, within twenty (20) days after such taxes or water or sewer rents have last 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 and 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 or any judicial sale for collection or said debt or so distributable or allowable or payable out of the proceeds of any other judicial sale, without any fraud or future delay, then this obligation to be void; otherwise or remain a full force and virtue; it being understood and agreed, however, that upon the failure of the Borrower, Borrower's he or assigns, to maintain said insurance upon the building, or to pay the taxes, water and sewer rents, or other charges, claims or liens as aforesaid, the Bank, its successors or assigns, may insure the buildings, or pay such taxes, water and sewer rents a other charges, claims or liens, and the sums so advanced by the Bank, its successors and assigns, shall be payable by the Borrower, Borrower's heirs and assigns, to the Bank, its successors and assigns, and shall be added to and become a part of the principal debt hereby secured and shall bear interest thereon at the rate set forth above until paid. The Borrower herein agrees that in the event of the passage, after the date of this Note, of any law of the Commonwealth of Pennsylvania, deducting from the value of the land for the purpose of taxation, any lien thereon, or changing in any way the laws now in force for the taxation of mortgages or debts secured thereby, for the state or local purposes, or the manner of the collection of any such taxes, so as to affect the interest of the Bank, the whole of said principal sum secured by this Note, together with the interest due thereon, shall, at the option of the Bank immediately become due and payable. The Borrower herein further agrees that if any installment of interest be n Par ovided for e herein shall become all bear interest at the rate set forth above until paid. the Borrower agree o pay pa ymen t late char of Five cents for each dollar overdue for a period in excess of fifteen (15) day s , th so overdue for the conve purpose e1 de eag expe t (eitherlegal or equitable) to the premies p ed inmortgage agrees not to securing this Note without prior written consent by the Borrower to the specific transfer. A transfer to the survivor or devisees this heirs of the Borrower in the event of Borrower's death shall not come within the prohibition of this covenant. PROVIDED, HOWEVER, and it is hereby expressly agreed that if at any time default be made in payment of , for the space of twenty (20) said principal sum, or of any installment Of manic municipal sments or charges assessed aga ns or upon the mortgaged days, or of any taxes, water and se premises as aforesaid, or any part thereof, or in the exhibition of the receipts for taxes and water and sewer rents and all other taxes or charges r s latms hole or said id pnc� pal debt or sum together sp ecified th all premi insurance, taxes water space of twenty ( ) days, and sWwerfr the olle lion of the same, and all interest p ayable, thereon togetherwith all ay be fees, en osts and expenses of collecting forth 1 o% anything ntum ( ), herein contained to the contrary, the same, including an attorney's commission of ten per ce notwithstanding. uring this Note in any In the event of the taking of all or any portion of the premises described in the mortgage sec proceedings ow reimbursement of al co and expenses of Bank in connection with said proceedings r and toward to be applied toward payment of all amounts payable by Borrower to Bank under the mortgage securing this Note and toward the payment reoby an ereof repair or rebuilding or said premises described in said ntortgage of the indebtedness h , o opti on, may apply said award, Y P And it is hereby decla and t s obl igati o n subject to all the terms and conditions of said Mortgagee herewith, er made between Borrow AND PROVIDED n furthe condition or agreeme of this obligation, or of th id Mortgage, it hall be lawful for the Borrower, of any Bank to enter upon all and singular the lands, buildings and premises granted by said Mortgage to secure this obligation, togethei 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 Borrower or any other person or persons, use and operate th deeme i n s er, the Borrowe agreeing that Borrower shall periods of time as Bank may, in the sole discretion of Bank, P P and will, whenever requested by Bank so to do, assign, transfer and deliver unto Bank any such lease or sublease; and to collect and receive all rents, issues and profits of the said premises granted to secure this obligation and every part thereof, for which this obligation shall be a sufficient warrant whether or not such lease or sublease has been assigned to Mortgagee, and o make from time al time all alterations, renovations, repairs and replacements thereto as may seem judicious to Bank, and after deducting the ossession of the said property and managem and ent and operation thereof and cost of any or all such alterations, expenses incident to taking and retaining p 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 said Mortgage or this obligation and premiums for said insurance, with interest thereon, or to the interest and principal due under this obligation and secured by said Indentu determine any Mortgag tatue a law co custom a fees, in such order or priority, as Bank in the sole discretion of Bank may use to the contrary notwithstanding it being expressly agreed, however that the taking of possession by Bank, under this provision, shall not relieve any default which may Vh� e of Attorney or of said Mortgage provided in case of such of the remedies by this obligation or accompanying default; and it is further expressly understood and agreed that the remedies by this obligation and Warrant of Attorney and said Indenture provided for the enforcement of the payment of the principal sum secured by said Mortgage, together with interest thereon, as hereinbefore specified, and for the performance of the covenants, conditions and agreements, matters and things herein contained, or in said Mortgage referred to, are cumulative and concurrent and ccessively or together at the sole discretion of the Bank and may be exercised as often as may be pursued singly or su occasion therefor shall occur. AND for the purpose of securing said possession of said mortgaged premises to Bank in the event of any breach as aforesaid, Borrower does hereby authorize and empower any attorney of any court of Common Pleas in any County of the Commonwealth of Pennsylvania, or of any other court there or elsewhere, as attorney for Borrower, as well as for all persons claiming under, by, or through Borrower, to sign an agreement for entering in any nt court an ther with amicable action in ejectment for possession of the premises granted by said Mortgage, togeth the he hereditaments and appurtenances, as well as all fixtures, appliances and equipment of any nature wheresoever, now or hereafter installed upon or in said mortgaged premises (without any stay of execution or appeal) against said Borrower and all persons claiming under, by or through Borrower and therein confess judgment for the recovery by the Bank 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 whatsoever, now or hereafter installed upon or in said mortgaged premises, for which this obligation (or a copy thereof verified by affidavit) shall be a sufficient warrant; whereupon if the Bank so desires, a Writ of Possession may be issued forthwith, without any prior writ or proceeding whatsoever Borrower hereby releasing an d agreeing to release the Bank, from all errors and defects wheresoever in entering such action and/or judgment and in causing such writ or , %Tits to be issued, and in any proceedings thereon or concerning the same, and thereby agreeing that no writ of error or objection shall be made or taken thereto, provided that the Bank shall have filed in such action an affidavit made by Bank or someone on behalf of Bank setting forth the facts necessary to authorize the entry of such judgment according to the terms of this obligation of which facts such affidavit shall be conclusive evidence. i 4 And Borrower does hereby empower any Attorney of any Court of Record, within the United States or elsewhere, to appear for Borrower in any Court, and with or without a declaration filed, confess judgment or judgments against Borrower, Borrower's heirs and assigns, in favor of the said Bank, or its successors or assigns, as of any term, for the above principal sum, together with costs or suit, and attorney's commission of ten per centum (10 %) for collection, on which judgment, execution or executions may issue forthwith, on failure to comply with any of the conditions of this Note; hereby waiving inquisition and condemnation of any property levied upon by virtue of such execution, and also waiving all exemption from levy and sale on any property that now is or that hereafter may be exempted under any Act of the Assembly, and with a release of all errors. AND PROVIDED FURTHER, and it is hereby and thereby expressly covenanted and agreed that in the event there is more than one party named herein as a Borrower, and singular word, "Borrower ", wherever occurring herein, shall be deemed and taken to mean the plural. AND PROVIDED FURTHER, that all covenants waivers, options, stipulations, promises, undertakings, agreements, and rights and benefits given to, and obligations or liabilities imposed upon, each and all of said parties 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. S 9/ (SEAL) DANA L. GELBAUGH (SEAL) (SEAL) (SEAL) (SEAL) (SEAL) Law Offices GERALD K. MORRISON Center Square, P.O. Box 232 New Bloomfield, PA 17068 i _. t ' i { II I I II I I I I ,- i i �, I �� 74 7 CG0 JUL 3 Pn 2 35 Made this 27th day of June in the year of our Lora, Two Thousand Six ( 2006). BETWEEN DANA L. GELBAUGH, unmarried, of Carlisle, Cumberland County, Pennsylvania (hereinafter called the Mortgagor, parry 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 Landisburg, Perry County, Pennsylvania. (Mortgagee, party of the second part) WHEREAS, the said Mortgagor, executed and delivered to the Mortgagee a Note in the principal sum of SIXTY —ONE THOUSAND------------------------------------- - - - - -- ( :61,000.00) 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- ness secured hereby or any portion thereof, whfther 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 attomey -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 (10%) 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 state or local purposes, 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 L) 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 condition$ 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 sealing and delivery of these presents, the receipt whereof, is hereby acknowledged, Mortgagor has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell and convey unto the said Mortgagee, its successors and assigns: D{[ 0 5 pCj 0 7 0 [111 ' ALL that certain tract of land situate in Dickinson Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point in the center line of Pine Road which point is South 63 '/2 degrees West 590 feet from the center line of Township Road T -462; thence by the center line of Pine Road South 63 ' / 2 degrees West 100 feet to a point; thence by lands now or formerly of W. K. Peffer, North 17 ' / 4 degrees West 401 feet to a concrete monument; thence by lands now or formerly of the Commonwealth of Pennsylvania, North 71 ' / 4 degrees East 100 feet to an iron pin and stones; thence by lands now or formerly of John C. and Sarah Miller, South 17 '/a degrees East 400 feet to. the center line of Pine Road t the place of BE`r'M TNING. The foregoing description is in accordance with a survey by T. O. Bietsch, Registered Surveyor, made in August, 1967. BEING the same property conveyed to Mortgagor by deed of Mary L. Crull, et al, dated July 11, 2005 and recorded in Cumberland County Deed Book a -9 at Page Z . cry C_n - n - c-s CD 0 TOGETHER with the streets, alleys, passages, ways, waters, water courses, rights, liberties, privileges, bereditaments and appurtenances whatsoever thereunto belonging or in anywise appertaining, and the reversions and remainders, rents, issues and profits thereof, and . TOGETHER' With 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 "premises" 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 `iums of insurance, or of any part thereof, when due and payable respectively, by the terms and conditions of said obligation for the 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 qes or claims as aforesaid, the whole of said principal debt or sum and interest then unpaid, shall thereupon become due and payable rction of mortgage foreclosure may be commenccd forthwith on this Mortgage and prosecuted to judgment, 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 axes and water and sewer rents paid, fees, costs and expenses of such proceedings, together with an attorney's commission of m (10 %). - All errors in said proceedings, together with stay of, or exemption, or extension of time of payment, which may ny Act or Acts of Assembly, now in force, or which may be enacted hereafter, are- hereby forever waived and released. it of the taking of all or any portion of the premises in any proceedings under the power of eminent domain, the entire 'a such proceedings shall be paid to Mortgagee, to be applied toward reimbursement of all costs and expenses of Mortgagee i said proceedings, and toward the payment of all amounts payable by Mortgagor to Mortgagee hereunder, and toward indebtedness secured hereby' any portion thereof, whether or not then due "` payable, of Mortgagee at its option, i, or any part thereof, to AL—epair or rebuilding of said premises. a xIND PROVIDED further that it is thereby and hereby expressly agreed that in the event of any breachZy 14ortgagor of any covenant, Ation, or agreement of said recited obligation, or of this Mortgage, it shall be lawful for the Mortgagee Yof'ente 'W6fi all and singular the - as, buildings and premises herein particularly described and by this Indenture mortgaged, together with the hereditaments and appurtenances, id each and every part thereof, and to take possession of the same and of the fixtures, appliances and equipment therein contained, and to have, fold, manage, lease to the Mortgagor of 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 Indenmre shall be a sufficient warrant whether or not such lease or sublease has been assigned to Mortgagee, and to make from time to •alterattons, renovations, repairs and replacements thereto as may seem judicious to Mortgagee, and after deducting the cost of any or gll such glte{ations, 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, law, 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 Indenmre, or by said 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 be 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 Pleas 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, of 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 of 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 it, 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, Mortgagors 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 mean 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 parties 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: — ._.— .._.. -. -._- ..(SEAL) DANA L. GELBAUGH-e' —_ _._- - -. _— — - - -- -- -- - -- — (SEAL) .— ------------ -- (SEAL) — .- --- -- .................... - -- — — - -. _ ---------- ------ —. .......... - - - -- - - -.._ — — — — —._. ( SEAL) 3 _- 9K 1957PGO708 COMMONWEALTH OF PENNSYLVANIA }Ss: COUNTY OF CUMBERLAND J On this 27th day of June A. D.2 0 0 6, before me, a Notary Public in and for said County and Commonwealth, personally appeared Dana L. Gelbaugh, unmarried 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, I have hereunto set my hand and Notarial Seal the day and year aforesaid. COMMONWEALTH OF PENNSYLVANIA Notary Public Notarial Seal My Commission Expires: Michelle W. McCoy, NotaryPUblic South Middleton Twp., Cumberland Coif+ ., My Commission Expires Nov. 18, 20QI)rs Member, Pennsylvania Association of Notaries' I hereby certify that the precise address of the Mortgagee herein is Pennsylvania. P.O. Box 60 Shermans Dale, PA 17090 N *A.o,. f r Mortgagee q ri O to r0 H 5 rI V > N I rA a) L4 P4 A >, LLA rpm! z J N N Q -E X O ° W fa L y y p- U H W y rd o O N a LL� W O ` _ O r •r1 0 3 3 u 3Y =o a ro to N o 5 ° ° $ J m O O 2 we° �3 z rC r0 ° a b B u z U y a w o fa ] w o C ertify this to be recorded In Cumberland County PA COMMONWEALTH OF PENNSYLVANIA J } SS: COUNTY J �\ s RECORDED in the Office for Recording of Deeds, Mortgages, etc., in and for the CS °ty oj� of Deeds in Mortgage Book Vol. page WITNESS MY HAND and Seal of Office this _ day of - Anno Domino i Y BK{957PGO A I I _� �I � I 1 i � l i j .. NOTICE OF INTENTION TO FORECLOSE MORTGAGE Loan Number: Date of Notice: June 5, 2013 To: DANA L SHULTZ The MORTGAGE held by THE BANK OF LANDISBURG (hereinafter we, us or ours) on your property located at 1313 PINE ROAD CARLISLE, PA. 17015 IS IN SERIOUS DEFAULT because you have not made the bi- weekly payments of $ 268.53 for the dates of 4/27/2012 TO 06/05/2013 Late charges and other charges have also accrued to this date in the amount of $966.96 . The total amount now required to cure this default, or in other words, get caught up in your payments, as of the date of this letter is $8,566.03. You may cure this default within THIRTY (30) DAYS of the date of this letter, by paying to us the above amount of $8,566.03. plus any additional monthly payments and late charge which may fall due during this period. Such payment must be made either by cash, cashier's check, certified check or money order, and made at any Bank office located at 100 N Carlisle Street, Landisburg, PA 17040, 5125 Spring Road, Shermans Dale, PA 17090, or 242 E Main Street, Blain PA 17006. If you do not cure the default within THIRTY (30) DAYS, we intend to exercise our right to accelerate the mortgage payments. This means that whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to pay off the original mortgage in monthly installments. If full payment of the amount of default is not made within THIRTY (30) DAYS, we also intend to instruct our attorneys to start a lawsuit to foreclose your mortgaged property. If the mortgage is foreclosed your mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If we refer your case to our attorneys, but you cure the default before they begin legal proceedings against you, you will still have to pay the reasonable attorney's fees, actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees even if they are over $50.00. Any attorney's fees will be added to whatever you owe us, which may also include our reasonable costs. If you cure the default within the thirty -day period, you will not be required to pay attorney's fees. We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If you have not cured the default within the thirty -day period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs foreclosure sale. You may do so by paying the total amount of the unpaid monthly payments plus any late or other charges then due, as well as the reasonable attorney's fees and costs connected with the foreclosure sale and perform any other requirements under the mortgage. It is estimated that the earliest date that such a Sheriffs sale could be held would be ( Sepember 30, 2013 ). A notice of the date of the Sheriff sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. Your may find out at any time exactly what the required payment will be by calling us at the following number: 717 - 789 -3213. This payment must be in cash, cashier's check, certified check or money order and made payable to us at the address stated above. You should realize that a Sheriffs sale will end your ownership of the mortgage property and your right to remain in it. If you continue to live in the property after the Sheriffs sale, a lawsuit could be started to evict you. Your have additional rights to help protect your interest in the property. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT, OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE TO A BUYER OR TRANSFEREE WHO WILL ASSUME THE MORTGAGE DEBT, PROVIDED ALL THE OUTSTANDING PAYMENTS, CHARGES AND ATTORNEY'S FEES AND COSTS ARE PAID PRIOR TO OR AT THE SALE, AND THAT THE OTHER REQUIREMENTS UNDER THE MORTGAGE ARE SATISFIED. CONTACT US TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT EXIST. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. If you cure the default, the mortgage will be restored to the same position as if no default had occurred. However, you are not entitled to this right to cure your default more than three times in any calendar year. Title ACT 91 NOTICE Date: _ June 5, 2013 TAKE ACTION TO SAVE YOUR HOME FROM FO RECLOSURE This is an official notice t hat the mortgage on your home is in default and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNERS'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMP can help you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE Take this notice with you when you meet with the Counseling Agency. The name address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice If you have any questions you may call the Pennsylvania Housing Finance Agency toll free at 1- 800 -342 -2397. (Persons with impaired headnq can call (717) 780- 1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO ENSU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU H I POTECA. HOMEOWNER'S NAME(S): DANA L SHULTZ PROPERTY ADDRESS: 1313 PINE ROAD CARLISLE, PA. 17015 LOAN ACCOUNT NUMBER: 3415678 ORIGINAL LENDER: The Bank of Landisburg CURRENT LENDER/SERVICER: The Bank of Landisburg HOMEOWNERS'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTOL. IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE — Under the Act, you are entitled to a temporary stay of foreclosure on you mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to -face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT, EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face -to -face meeting. Advise your lender immediately of your intentions. APPLICATIONS FOR MORTGAGE ASSISTANCE — Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face - to-faoe meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATON FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION — Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on our a pplication. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTAGE DEFAULT (Bring it up to date.) NATURE OF THE DEFAULT —The MORTGAGE debt held by the above lender on your property : 1313 PINE ROAD CARLISLE, PA. 17015 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE BI- WEEKLY MORTGAGE PAYMENTS OF $268.53 FROM 4/27/2012 TO 6/05/2013. Other charges (explainitemize): TOTAL AMOUNT PAST DUE: $ 8,566.03 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): HOW TO CURE THE DEFAULT — You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $8,566.03 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: The Bank of Landisburg P. 0. Box 179 Landisburg, PA 17040 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter. (Do not use if not applicable.) IF YOU DO NOT CURE THE DEFAULT — If you do not cure the default within THIRTY (30) DAYS of the date of the Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorney to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON — The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE — If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so by paving the total amount then oast due. Plus any late or other charges then due reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE — It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately three (3) months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender:The Bank of Landisburg Address: 100 North Carlisle Street P. O. Box 179 Landisburg, PA 17040 Phone number: 717 -789 -3213 Fax number: 717 - 789.4702 Contact person: Roger Blumenschein MLO# 764483 EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE — You may not sell or transfer you home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION LINER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY CCCS OF Western PA., Inc. Loveship, Inc. Maranatha Adams Co Interfaith Housing Authority 2000 Linglestown Road 2320 North Fifth Street 43 Philadelphia Ave. 40 East High Street Phone: 888- 511 -2227 Phone: 717- 232 -2207 Phone 717- 762 -3285 Phone717- 334 -1518 Huntingdon County Housing Services Community Action Commission of PHFA Weatherization Inc. The Capital Region 211 North Front Street 917 Mifflin Street 1514 Derry Street Harrisburg, PA 17110 Huntingdon, PA 16652 Harrisburg, PA 17104 Phone: 717- 780 -3940 Phone: 814 - 643 -343 Phone: 717 - 232 -9757 Toll Free: 800- 342 -2397 Toll Free: 877 - 9847462 Fax: 717- 2342227 t:� . CERTIFIED MAILTMRECEIPT ti D. • r O visit our website at . N m F. A tt w ° Posta $ . 46 ; µ _..r? P ru �.... Certified Fee 3 .1 0 t� P fu C3 C3 Retum Receipt Fee (Endorsement Required) 2 1 , j Qj C3 Restricted Delivery Fee r u C3 ! �\ (Endorsement Required) a > f � Restricted Delivery Fee (Endorsement Required) Total Postage & Fees $ 6 . 11 J ^/� Ln r-q `Lr) Total Postage & Fees r-1 Sena To Dana L Shultz - ------------------- a ------------------- - - - - -- S�reer, apt. No.; or PO Sox 1313 Pine Road N _ - ary,stare,Zi Pa. 17015 DANA L t:� M r For delivery information visit our website at . M w Po $ ru .46 c�,viSe� Certified Fee 3.10 ;' / r u C3 Return Receipt Fee (Endorsement Required) 2.55 a ° Restricted Delivery Fee (Endorsement Required) J ^/� ry• J `Lr) Total Postage & Fees Sent o r a DANA L °� C r-i _SHULTZ 3Yreet, Apt dlo.; - ------ -- ,;;N.No. 1013 -- - °- BURNT HOUSE - ---------------------------------------------------------------------------------------- cny, Slaw ZiP+4 CARLISLE, PA. 17015 :.r August 2(106 See�Reverse for Instructions M FORM 1 The Bank Of Landlsburg IN THE COURT OF COMMON PLEAS OF r� CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) '°_M M r" CD vs. �--' E5 Dana L. Shultz, a /k/a Dana L. Gelbaugh v i 6 p _ c Defendant(s) Civil Z' NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in a court - supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer you must take the following steps to be eligible for a conciliation conference. First within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717)243 -9400 extension 2510 or (800) 822 -5288 extension 2510 and request appointment of a legal representative, at no charge to you. Once you have been appointed a legal representative, you must promptly meet with the legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. IF you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference It Is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully submitted: September 18, 20 Date Signature of Counsel for Plaintiff FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date — Cumberland County Court of Common Pleas Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your Please provide the following information to the best of your knowledge: Borrower name (s): Property Address: State: Zip: City: Is the property for sale? Yes ❑ No ❑ Listing date: Price: $ Realtor Name: Realtor Phone: Borrower Occupied: Yes ❑ No ❑ Mailing Address (if different) State: Zip: City: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? C O BORRO Mailing Address: State: Zip: City: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? First Mortgage Lender: Type of Loan: Date You Closed Your Loan: Loan Number: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: $ Included Taxes and Insurance: Date of Last Payment: Primary Reason for Default: Is the loan in Bankruptcy? Yes ❑ No ❑ If yes, provide names, location of court, case number & attorney: Asset Amount Owed: Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile #1 : Model: Year: Amount owed: Value: Automobile #2 : Model: Year: Amount owed: Value: Other transportation (automobiles boats, motorcycl Model: Year: Amount owed: Value: Monthly Income Name of Employers: 1 Monthly Gross Monthly Net 2 Monthly Gross Monthly Net 3 Monthly Gross Monthly Net Additional Income Description (not wages): 1 Monthly Amount: 2 Monthly Amount: Borrower Pay Days: Co- Borrower Pay Days: Mo nthly Expenses: (Please only include expenses you are cu rrently paving) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2 Mortgage Utilities Car Payment(s) Condo /Neigh. Fees Auto Insurance Med. (not covered) Auto fuel /repairs Other Prop. Payment Install. Loan Payment Cable TV Child Support/Alim. Spending Money Day /Child Care /Tuft. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income and Expenses: Have you been working with a Housing Counseling Agency? Yes ❑ No ❑ If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax: Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes F� No F, If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Please provide the following information, if know, regarding your lender or lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: AUTH I/We, authorize the above named to use /refer this information to my lender /servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I /we understand that I /we am /are under no obligation to use the services provided by the above named Borrower Signature Date Borrower Signature Date Please forward this document along with the following information to lender and lender counsel: V Proof on income V Past 2 bank statements V Proof of any expected income for the last 45 days V Copy of a current utility bill V Letter explaining reason for delinquency and any supporting documentation V (hardship letter) Listing agreement (if property is currently on the market) V Copy of 2 years of federal income tax returns V Copy of deed SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith .0St a Ca�na ert4 0 i Chief Deputy 3 Richard W Stewart Solicitor t, F .:rrt-ESt-ER,r= %'%{>MdEhLAIND ci)Ui t_..,, PENNSYLVANIA The Bank of Landisburg vs. Case Number Dana L Shultz 2013-5494 SHERIFF'S RETURN OF SERVICE 09/26/2013 06:46 PM - Deputy Stephen Bender, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by "personally"handing a true copy to a person representing themselves to be the Defendant, to wit: Dana L Shultz at 15 HAMILTON ST, SOUTH MIDDLETON, BOILING SPRINGS, PA 17007. - ;'' 7----- STEPHEN BENDER, DEPUTY 10/03/2013 03:13 PM - Deputy Brian Grzyboski, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be Dean Silva, tentant, who accepted as"Adult Person in Charge"for Occupant at 1313 Pine Road, Dickinson Township, Carlisle, PA 170"„,„,, , t-d'›j ll--3/ BRIAN GRZ -i:0 ►, y ivr Ty SHERIFF COST: $61.02 SO ANSWERS, October 07, 2013 RONNY R ANDERSON, SHERIFF iui Coun.tvSuite Sherd:.Teleeso' Vic- i G�w PEN,Y s}L U�`l y A Melanie L. Vanderau, Esquire METTE, EVANS & WOODSIDE Sup. Ct. ID No. 203167 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 (717) 236-1816 (fax) mlvanderau @mette.corn Attorneys for Plaintiff THE BANK OF LANDISBURG, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : DOCKET NO. 13-5494—Civil DANA L. SHULTZ, a/k/a DANA L. : MORTGAGE FORECLOSURE GELBAUGH, Defendant MOTION TO TERMINATE TEMPORARY STAY UNDER RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM The Plaintiff, The Bank of Landisburg ("Plaintiff'), files this Motion to Terminate Temporary Stay Under Residential Mortgage Foreclosure Diversion Program against Dana L. Shultz, a/k/a Dana L. Gelbaugh ("Defendant") as follows: BACKGROUND 1. On June 27, 2006, Defendant executed a Mortgage Note in favor of Plaintiff(the "Note"). 2. Defendant's payment and performance obligations under the Note are secured by a Mortgage (the "Mortgage") dated June 27, 2006 with Defendant as Grantor in favor of Plaintiff as Lender. 3. The indebtedness evidenced by the Note and secured by the Mortgage is in default. Defendant has not paid the amount due in full as required by a demand letter dated June 5, 2013. PROCEDURAL HISTORY 4. This action was commenced on September 19, 2013 by the filing of a Complaint in Mortgage Foreclosure (the "Complaint") by Plaintiff against the Defendant. 5. As required by this Court's February 28, 2012 Administrative Order, a Notice of Residential Mortgage Foreclosure Diversion Program (the "Notice") was also filed by Plaintiff for service on the Defendant. 6. The Cumberland County Sheriff's Office advised Plaintiff that they personally served the Defendant with both the Complaint and Notice on September 26, 2013. 7. As of the date of this filing, Defendant has not filed a Request for Conciliation Conference with the Court as required by this Court's February 28, 2012 Administrative Order and, as a result, no Conciliation Conference has been scheduled. 8. The sixty day (60) time limit set forth in the Notice for the filing of a Request for Conciliation Conference has expired. 9. This Court has authority to terminate the temporary stay under the Residential Mortgage Foreclosure Diversion Program pursuant to the February 28, 2012 Administrative Order. 10. No judge has been assigned to this matter nor has ruled upon any other issue in this matter. 11. Upon information and belief, Defendant is not represented by counsel; accordingly, Plaintiff's counsel could not seek the concurrence of opposing counsel in connection with this motion pursuant to Cumberland County Local Rule No. 208.3(a)(9). WHEREFORE, for the reasons stated above, Plaintiff respectfully requests this Honorable Court enter an Order terminating the temporary stay under the Residential Mortgage Foreclosure Diversion Program and permit Plaintiff to proceed in the action. Respectfully submitted, METTE, EVANS & WOODSIDE By: J� Mela ie L. Vanderau, Esquire Sup. Ct. ID No. 203167 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Attorneys for Plaintiff Date: November 25, 2013 CERTIFICATE OF SERVICE I certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage, prepaid, as follows: Dana L. Shultz a/k/a Dana L. Gelbaugh 15 Hamilton Road Boiling Springs, PA 17007 METTE, EVANS & WOODSIDE By: opm J Melanie Vand erau, Esquire Sup. Ct. ID No. 203167 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Attorneys for Plaintiff Date: November 25, 2013 THE BANK OF LANDISBURG, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : DOCKET NO. 13-5494 —Civil DANA L. SHULTZ, a/Ida DANA L. : MORTGAGE FORECLOSURE GELBAUGH, Defendant ORDER AND NOW THIS 34! day of , 2013, upon consideration of Plaintiff's Motion to Terminate Temporary Stay Under the Residential Mortgage Foreclosure Diversion Program, it is hereby ORDERED that the Motion is GRANTED and Plaintiff may proceed in this action in mortgage foreclosure. BY THE COURT: J. CC?i CS r LL rn 1444/ ifY2 • 1) ,A3CLek.VA.—.0 r- /213113 684328vI t t'Cl�{�1'st� 1rii�T t 3s� t 4!? CSC 26 Pt `,U ENj N COUNTY PSY _VAN Melanie L. Vanderau, Esquire METTE, EVANS & WOODSIDE Sup. Ct. ID No. 203167 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 (717) 236-1816 (fax) mlvanderau@mette.com Attorneys for Plaintiff THE BANK OF LANDISBURG, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO. 13-5494 --Civil DANA L. SHULTZ, a/k/a DANA L. MORTGAGE FORECLOSURE GELBAUGH, Defendants PRAECIPE TO ENTER DEFAULT JUDGMENT TO THE PROTHONOTARY: Please enter judgment by default in the above-captioned matter, in favor of the Plaintiff, The Bank of Landisburg and against the Defendant Dana L. Shultz, a/k/a Dana L. Gelbaugh for failure to plead to Plaintiff's Complaint in Mortgage Foreclosure in accordance with Rule 1037(b) of the Pennsylvania Rules of Civil Procedure and assess Plaintiff damages in the amount of$49,928.83 calculated as follows: Principal $47,615.80 Interest as of August 30, 2013 $965.49 4I1o,6o P" MT-f 011a�g8o0 Ocl eed Charges/Fees as of August 30, 2013 $1,047.54 Attorney's Fees: $300.00 Total $49,928.83* *Interest accruing at the per diem rate of$8.54, coats and attorneys' fees continue to accrue from August 30, 2013. I hereby certify that the Notice of Default attached hereto as Exhibit"A" was forwarded to Defendant Dana L. Shultz, a/k/a Dana L. Gelbaugh in accordance with Rule 237.1 of the Pennsylvania Rules of Civil Procedure. There is no attorney of record. Respectfully submitted, METTE, EVANS & WOODSIDE By: ' ' �- Melahlil L. Vanderau, Esquire Sup. Ct. ID No. 203167 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 Attorneys for Plaintiff Date: December 24, 2013 I �: �' � �..Y�-�--- �_.... 3 METTEj EVANS &WOODSIDE A PROFESSIONAL CORPORATION ATTORNEYS AT LAW HOWELL C.METTE THOMAS F.SMIDA 3401 NORT$FRONT STRFET MARK S.SILVER JAMES W.EVANS ROBERT MOORE PAULA J.LEICHT P.O.13OX 5950 BERNADETTE BARATTINI 1926-2008 CHARLES B.ZWALLY TIMOTHY A.HOY HARRISBURG,PA 17110-0950 RANDALL G.HURST** _ PETER J.RESSLER THOMAS A.ARCHER* MELISSA L VAN ECK JAMES A.ULSH HENRY W.VAN ECK IRS NO. MELANIE L VANDERAU *NEW JERSEY BAR JEFFREY A.ERNICO MARK D.HIPP 23-1985005 AARON T.DOMOTO **MARYLAND BAR MARY ALICE BUSBY RONALD L FINCK KEVIN J.HAYES KATHRYN L SIMPSON HEATHER Z.KELLY TELEPHONE FACSXIM .x' (717)232-5000 (717)236-1816 TOTS,FREE: 1-800-962-5097 XTTP V/W'W W.METTE.COM December 9, 2013 Dana L. Shultz Certificate of Mailing 15 Hamilton Street Boiling Springs, PA 17007 Re: The Bank of Landisburg v. Dana L. Shultz, a/k/a Dana L Gelbaugh Cumberland County C. C. P.; No.: 13-5494-Civil Dear Ms. Shultz: Enclosed you will find an Important Notice in the above-referenced matter. Please respond accordingly. Very truly yours, Melanie L. Vanderau MLV/pml Enclosure UNITED STATES Certificate Of ° m POSTAL SERVICES Mailing Cq This Certificate of Mailing 1 g provides evidence that mail has been presented to USPS®for mailing. UJ This form may be used for domestic and international mail, a UJ From: Melanie L. Vanderau, Esquire s METTE, EVANS & WOODSIDE N o 3401 North Front Street, 2nd Fl. t ° M (; py 4 LL Harrisburg, PA 17110-0950 O KC�_ N y� INn o 6 2 o' Dana L. Shultz V 1 15 Hamilton Street f DEC 0 9 2013 Soiling Springs, PA 17007 PS Form 3817,April 2007 PSN 7530-02-000-9085 S PS THE BANK.OF LANDISBURG, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V, DOCKET NO. 13-5494—Civil DANA L. SHULTZ, a/k/a DANA L. MORTGAGE FORECLOSURE GELBAUGH, Defendant TO: Dana L. Shultz 15 Hamilton Street Boiling Springs, PA 17007 DATE OF NOTICE: December 9, 2013 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 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 PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 34 S. BEDFORD STREET CARLISLE, PA 17013 TELEPHONE: (717) 249-3166 Respectfully submitted, 'Y w , J, Melanie L Vanderau, Esquire Sup. Ct. ID No. 203167 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 (717) 236-1816 (fax) Attorneys for Plaintiff Date: December 9, 2013 686938v1 11 Hit 29H DEC 26 Ph 3: L2 CUMBERLAND COUNTY PENNSYLVANIA Melanie L. Vanderau, Esquire METTE, EVANS & WOODSIDE Sup. Ct. ID No. 203167 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 (717) 236-1816 (fax) mlvanderau@mette.com Attorneys for Plaintiff THE BANK OF LANDISBURG, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO. 13-5494— Civil DANA L. SHULTZ, a/k/a DANA L. MORTGAGE FORECLOSURE GELBAUGH, Defendants AFFIDAVIT OF NON-MILITARY SERVICE I, Melanie L. Vanderau, Esquire, being duly sworn according to law, depose and state that to the best of my knowledge, information and belief, the Defendant Dana L. Shultz, a/k/a Dana L. Gelbaugh is not in the military or naval service of the United States or its allies, or otherwise within the provisions of the Servicemembers Civil Relief Act of 2003, 50 U.S.C. App. §501, et seq. Respectfully submitted, METTE, EVANS & WOODSIDE By: Mela ie L. Vanderau, Esquire Sup. Ct. ID No. 203167 3401 N. Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 Attorneys for Plaintiff Date: December 24, 2013 690064v1 s" «: FIRFldOi OTAil; 2013 DEC 26 PH 3: 02 CUMBERLAND COUNTY PENNSYLVANIA Melanie L. Vanderau, Esquire METTE, EVANS & WOODSIDE Sup. Ct. ID No. 203167 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717)232-5000 (717) 236-1816 (fax) mlvanderau@mette.com Atiorneys for Plaintiff THE BANK OF LANDISBURG, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO. 13-5494–Civil DANA L. SHULTZ, alkla DANA L. MORTGAGE FORECLOSURE GELBAUGH, Defendants CERTIFICATE OF RESIDENCE I hereby certify that the name and address of the proper person to receive this notice is: Dana L. Shultz 15 Hamilton Street Boiling Springs, PA 17007 Respectfully submitted, METTE, EVANS & WOODSIDE By: — Melan' L. Vanderau, Esquire Sup. Ct. ID No. 203167 3401 N. Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 Attorneys for Plaintiff Date: December 24, 2013 THE BANK OF LANDISBURG, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO. 13-5494 –Civil DANA L. SHULTZ, a/k/a DANA L. MORTGAGE FORECLOSURE GELBAUGH, : Defendants NOTICE OF ENTRY OF JUDGMENT TO: Dana L. Shultz 15 Hamilton Street Boiling Springs, PA 17007 You are hereby notified that on December_,24i , 2013, Judgment was entered against you in the above-captioned case, A Date: a :., _ — Pro onotary THE BANK OF LANDISBURG, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO. 13-5494—Civil DANA L. SHULTZ, a/k/a DANA L. MORTGAGE FORECLOSURE GELBAUGH, Defendants ENTRY OF JUDGMENT You are hereby notified pursuant to Rule 236 of the Pennsylvania Rules of Civil Procedure that Judgment has been entered against you in the amount of$49,928.83 for Plaintiff The Bank of Landisburg and against Defendant Dana L. Shultz a/k/a Dana L. Gelbaugh together with interest, attorneys fees, costs and expenses from the dat f jud&iznt aid in full. K' w Date: %al"lls Prothonotary • A ,° R --3 FM 3: 06a nU;,SERL NU COUNTY PENNSYLVANIA Melanie L. Vanderau, Esquire METTE, EVANS & WOODSIDE Sup. Ct. ID No. 203167 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 (717) 236-1816 (fax) mlvandearu@mette.com Attorneys for Plaintiff THE BANK OF LANDISBURG, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : DOCKET NO. 13-5494 —Civil DANA L. SHULTZ, a/k/a DANA L. GELBAUGH, : MORTGAGE FORECLOSURE Defendant PRAECIPE FOR WRIT OF EXECUTION (Mortgage Foreclosure) To the Prothonotary: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property cDpursuant to Act 6 of 1974 as amended. (0, QS ti-g; 00053v1 L< �'J � f7C4 451•■• - CC if' I bet cif PE ,roPYPI. (.)0 r 12A4:315 .320 t Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs, upon the following described property of the defendant: (1) 1313 Pine Road, Carlisle, Dickinson Township, Cumberland County, Pennsylvania, 17013. Tax Parcel No. 08-12-0334-009 Issue writ of execution in the above matter: Amount Due (Judgment Amount) $49,928.83 Interest from (12/26/13 date of judgment) through 6/4/14 date of sale at the per diem rate of$8.54): $1,374.94 (Costs to be added) $ METTE, EVANS & WOODSIDE L. V derau, Esquire Sup. Ct. I.D. No. 203167 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 (717) 236-1816 (fax) Attorneys for Plaintiff Date: February 28, 2014 I Fry t PH` at C1S =°s 1:LIAND COW t PENNSYLVANIA Melanie L. Vanderau, Esquire METTE, EVANS & WOODSIDE Sup. Ct. ID No. 203167 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 (717) 236-1816 (fax) mlvandearu@mette.com Attorneys for Plaintiff THE BANK OF LANDISBURG, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : DOCKET NO. 13-5494—Civil DANA L. SHULTZ, a/k/a DANA L. GELBAUGH, : MORTGAGE FORECLOSURE Defendant AFFIDAVIT PURSUANT TO RULE 3129.1 The Bank of Landisburg sets forth as of the date the Praecipe for Issuance of the Writ of Execution was filed the following information concerning the real property located at 1313 Pine Road, Carlisle, Dickinson Township, Cumberland County, Pennsylvania, 17013, Tax Parcel No. 08-12-0334-009, as more particularly described on Exhibit "A" attached hereto: 1. Name and address of owner or reputed owner(s): Dana L. Shultz a/k/a Dana L. Galbaugh 15 Hamilton Street Boiling Spring, PA 17007 2. Name and address of the Defendant(s) in the judgment: Dana L. Shultz a/k/a Dana L. Galbaugh 15 Hamilton Street Boiling Spring, PA 17007 3. The name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: (a) The Bank of Landisburg 100 North Carlisle Street Landisburg, PA 17040 (b) Charles Houser 79 Hays Grove Road Newville, PA 17241 (2006-6944; 2011-4284) (2011-879) (c) Robert G. Frey, Esquire 5 South Hanover Street Carlisle, PA 17013 (2006-6944; 2011-4284) (2011-879) 4. The name and address of the last recorded holder of every mortgage of record: (a) The Bank of Landisburg 100 North Carlisle Street Landisburg, PA 17040 5. The name and address of every other person who has any record lien on the property: None known. 6. The name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: (a) Cumberland County Tax Claim Bureau 1 Courthouse Square Old Courthouse, Room 106 Carlisle, PA 17013 7. The name and address of every other person of whom the plaintiff has any knowledge who has any interest in the property which may be affected by the sale: (a) Cumberland County Domestic Relations 13 North Hanover Street Carlisle, PA 17013 (b) PA Department of Welfare Bureau of Child Support Enforcement 1303 North 7th Street Harrisburg, PA 17105 (c) Occupant 1313 Pine Road Carlisle, PA 17013 I verify that the statements made in this affidavit are true and correct to the best of my information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. 1140:ht Melanie L. Vanderau, Esquire Attorney for Plaintiff Dated: February 28, 2014 EXHIBIT "A" LEGAL DESCRIPTION Tax Parcel No. 08-12-0334-009 ALL THAT CERTAIN tract of land situate in Dickinson Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point in the center line of Pine Road which point is South 63 1/2 degrees West 590 feet from the center line of Township Road T-462; thence by the center line of Pine Road South 63 1/2 degrees West 100 feet to a point; thence by lands now or formerly of W. K. Peffer,North 17 1/4 degrees West 401 feet to a concrete monument; thence by lands now or formerly of the Commonwealth of Pennsylvania,North 71 1/4 degrees East 100 feet to an iron pin and stones; thence by lands now or formerly of John C. and Sarah Miller, South 17 1/4 degrees East 400 feet to the center line of Pine Road to the place of BEGINNING. The foregoing description is in accordance with a survey by T. O. Bietsch, Registered Surveyor, made in August, 1967. BEING the same property conveyed to Mortgagor by deed of Mary L. Crull, et al. dated July 11, 2005 and recorded in the Recorder of Deeds Office for Cumberland County at Deed Book 269, Page 4590. THE BANK OF LANDISBURG, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : DOCKET NO. 13-5494 —Civil DANA L. SHULTZ, a/k/a DANA L. GELBAUGH, : MORTGAGE FORECLOSURE Defendant NOTICE OF SHERIFF'S SALE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE RULE 3129.2 TAKE NOTICE: c ` Li) r That the Sheriff's Sale of Real Property (real estate) will be held: ,, r" DATE: WEDNESDAY, JUNE 4, 2014 y c�? `' 7 % c2 TIME: 10:00 a.m. Eastern Time LOCATION: Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 THE PROPERTY TO BE SOLD, is delineated in detail in legal descriptions mainly consisting of a statement of the measured boundaries of the property. (SEE METES AND BOUNDS DESCRIPTION ATTACHED HERETO AT EXHIBIT "A") This property has been improved by buildings and certain other improvements. THE LOCATION of the property to be sold is: 1313 Pine Road, Carlisle, Dickinson Township, Cumberland County, Pennsylvania, 17013. Tax Parcel No. 08-12-0334-009 THE JUDGMENT under or pursuant to which the properties are being sold is docketed to: No. 2013-5494-Civil THE NAME OF THE OWNER OR REPUTED OWNER OF THIS PROPERTY IS: Dana L. Shultz a/k/a Dana L. Gelbaugh A SCHEDULE OF DISTRIBUTION, being a list of persons, and/or governmental or corporation entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff(for example to banks that hold mortgages or municipalities that are owed taxes) will be filed on a date specified by the Sheriff not later than thirty (30) days after the sale and distribution of the proceeds of sale in accordance with the Schedule that will be made unless exceptions are filed thereto within ten (10) days after the filing of the Schedule. Information about the Schedule of Distribution may be obtained from the Sheriff of Cumberland County, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a Judgment against you. It may cause your property to be held, to be sold or to be taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Cumberland County Lawyer Referral Service 32 South Bedford Street Carlisle, PA 17013 1-800-990-9108 —(717)-249-3166 The legal rights you may have are: 1. You may file a petition with the Court of Common Pleas of Cumberland County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure against you. 2. After the Sheriff's Sale you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriff's Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County. The petition must be served on the attorney for the creditor or on the creditor before representation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, 1 Courthouse Square, Carlisle, PA, before the presentation of the petition to the Court. 4. A copy of the Writ of Execution is attached hereto at Exhibit "B ". SHERIFF OF CUMBERLAND COUNTY f i r EXHIBIT "A" LEGAL DESCRIPTION Tax Parcel No. 08-12-0334-009 ALL THAT CERTAIN tract of land situate in Dickinson Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point in the center line of Pine Road which point is South 63 1/2 degrees West 590 feet from the center line of Township Road T-462; thence by the center line of Pine Road South 63 '/2 degrees West 100 feet to a point; thence by lands now or formerly of W. K. Peffer, North 17 1/4 degrees West 401 feet to a concrete monument; thence by lands now or formerly of the Commonwealth of Pennsylvania, North 71 '/4 degrees East 100 feet to an iron pin and stones; thence by lands now or formerly of John C. and Sarah Miller, South 17 '/4 degrees East 400 feet to the center line of Pine Road to the place of BEGINNING. The foregoing description is in accordance with a survey by T. O. Bietsch, Registered Surveyor, made in August, 1967. BEING the same property conveyed to Mortgagor by deed of Mary L. Crull, et al. dated July 11, 2005 and recorded in the Recorder of Deeds Office for Cumberland County at Deed Book 269, Page 4590. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 13-5494 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due THE BANK OF LANDISBURG Plaintiff(s) From DANA L. SHULTZ A/K/A DANA L. GELBAUGH (1) You are directed to levy upon the property of the defendant(s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s)not levied upon in the possession of GARNISHEE(S)as follows: and to notify the garnishee(s)that: (a)an attachment has been issued;(b)the garnishee(s) is enjoined from paying any debt to or for the account of the defendant(s)and from delivering any property of the defendant (s)or otherwise disposing thereof; (3) If property of the defendant(s)not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee,you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $49,928.83 L.L.: $.50 Interest FROM(12/26/13 DATE OF JUDGMENT)THROUGH 6/4/14 DATE OF SALE AT THE PER DIEM RATE OF$8.54)-$1,374.94 Atty's Comm: Due Prothy: $2.25 Atty Paid: $209.77 Other Costs: Plaintiff Paid: Date:3/4/14 David D.Buell, Prothonotary (Seal) Deputy REQUESTING PARTY: Name: MELANIE L. VANDERAU,ESQUIRE Address: METTE,EVANS&WOODSIDE 3401 NORTH FRONT STREET,P.O. BOX 5950 HARRISBURG,PA 17110-0950 Attorney for: PLAINTIFF Telephone: 717-232-5000 Supreme Court ID No.203167 .t it ' METTE, EVANS & WOODSIDE .,., Melanie L. Vanderau, Esquire Sup. Ct. I.D. No. ,203167, 3401 Noith`Front Street P.O. Box. 5950 �, Harrisburg,'PA 17110-0950 (717) 232-5000 (717) 236-1816 (fax) Attorneys for Plaintiff THE BANK OF LANDISBURG 'Plaintiff' ` :t 'S v. DANA L. SHULTZ; a/k/a DANA L. GELBAUGH Defendant r OFL.PILED-OFFICE £ ~QFFICfi PROT� HO�� 2014,1141/—'7* if! ,� ,�-ia" LL1 II: 1 C(/�{ �4'3 `'7Vii' I �6PENNSYLVANIA IN ,THE.COURT,OF COMMON PLEAS OF ''"CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO.13-5494-Civil 'AFFIDAVIT OF SERVICE L -Melanie L Vandrau, Esquire; 'ani the'attorney forThe`Bank of Landisburg and do hereby declare: i h 1. I am an attorney for Plaintiff arid T•am authoried' to make this' Affidavit: The Slieriff of 'Cumberland County has 'r'eported V-it'on March 25, 2014, he or his deputy posted a handbill on real -property focated al I313'Pine:Road, Carlisle, Dickinson Township, Cu'mberland"Courity; Penn"s"ylvania puruant'to Pennsylvania'Rufes of Civil Procedure No. 3129.2(b). 'The`cor tent of this'handbih 'is -contained in the Notice of Sheriff's Sale filed with the Sheriff's Office. A true and correct copy of the contents of this notice as posted is attached hereto as Exhibit "A" and incorporated herein by reference (the "Notice"). On April 4, 2014, the Sheriff of Cumberland County has reported that a copy of the Notice was personally served upon the Defendant, Dana L. Shultz, allc/a D 7a L. Gelbaugh. 3. On April 28, 2014, I caused to be deposited in the United States Mail, First Class, postage prepaid, the Notice to Defendant, Dana L. Shultz, a/k/a Dana L. Gelbaugh, owner or reported owner, as shown on Plaintiff's Affidavit which was filed with the Prothonotary on March 3, 2014. A true and correct copy of the Certificate of Mailing is attached hereto at Exhibit "B" and incorporated herein by reference. 4. On April 28, 2014, I caused to be deposited in the United States Mail, First Class, postage prepaid, the Notice to every judgment creditor whose judgment is a record lien on the property. These parties are identified and Plaintiff's Affidavit, supra. True and correct copies of the Certificate of Mailing are attached hereto at Exhibit "C" and incorporated herein by reference. 5. On April 28, 2014, I caused to be deposited in the United States Mail, First Class, postage prepaid, the Notice to every other person who has a record interest on the real property to be sold. These parties are identified in Plaintiff's Affidavit, supra. A true and correct copy of the Certificate of Mailing is attached hereto as Exhibit "D" and incorporated herein by reference. 6. On April 28, 2014, I caused to be deposited in the United States Mail, First Class, postage prepaid, the Notice to every other person of whom the Plaintiff has knowledge who may have an interest in the real property to be sold. These parties are identified in Plaintiff's Affidavit, supra. True and correct copies of the Certificates of Mailing are attached hereto as Exhibit "E" and incorporated herein by reference. 2 2014. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 6th day of May, By: Respectfully submitted, METTE, EVANS & WOODSIDE VME NIE L. VANDERAU, ESQUIRE Sup. Ct. I.D. No. 203167 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 - Phone (717) 236-1816 - Fax Attorneys for Plaintiff The Bank of Landisburg 3 VERIFICATION I, Melanie L. Vanderau, Esquire, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. DATED: May 6, 2014 Mel ie L-4. anderau, Esquire 4 CERTIFICATE OF SERVICE I certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage, prepaid, as follows: Dana Shultz a/k/a Dana Gelbaugh 15 Hamilton Street Boiling Springs, PA 17007 By: Date: May 6, 2014 713374v1 METTE, EVANS & WOODSIDE jy 1}01114 Melanhe L. nderau, Esquire Sup. Ct. I.D. No. 203167 3401 North Front Street. P. O. Box 5950 Harrisburg, PA 17110-0950 (717).232-5000 - Phone (717) 236-1816 - Fax Attorneys for Plaintiff Exhibit A Exhibit A THE BANK OF LANDISBURG, Plaintiff v. DANA L. SHULTZ, a/k/a DANA L. GELBA UGH, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO. 13-5494 —Civil : MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE RULE 3129.2 TAKE NOTICE: That the Sheriff's Sale of Real Property (real estate) will be held: DATE: TIME: LOCATION: WEDNESDAY, JUNE 4, 2014 10:00 a.m. Eastern Time Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 P d .,4 THE PROPERTY TO BE SOLD, is delineated in detail in legal descriptions mainly consisting of a statement of the measured boundaries of the property. (SEE METES AND BOUNDS DESCRIPTION ATTACHED HERETO AT EXHIBIT "A") This property has been improved by buildings and certain other improvements. THE LOCATION of the property to be sold is: 1313 Pine Road, Carlisle, Dickinson Township, Cumberland County, Pennsylvania, 17013. Tax Parcel No. 08-12-0334-009 THE JUDGMENT under or pursuant to which the properties are being sold is docketed to: No. 2013 -5494 -Civil THE NAME OF THE OWNER OR REPUTED OWNER OF THIS PROPERTY IS: Dana L. Shultz a/k/a Dana L. Gelbaugh A SCHEDULE OF DISTRIBUTION, being a list of persons, and/or governmental or corporation entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages or municipalities that are owed taxes) will be filed on a date specified by the Sheriff not later than thirty (30) days after the sale and distribution of the proceeds of sale in accordance with the Schedule that will be made unless exceptions are filed thereto within ten (10) days after the filing of the Schedule. Information about the Schedule of Distribution may be obtained from the Sheriff of Cumberland County, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a Judgment against you. It may cause your property to be held, to be sold or to be taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights, If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Cumberland County Lawyer Referral Service 32 South Bedford Street Carlisle, PA 17013 1-800-990-9108 — (717)-249-3166 The legal rights you may have are: 1. You may file a petition with the Court of Common Pleas of Cumberland County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure against you. 2. After the Sheriff's Sale you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriff's Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County. The petition must be served on the attorney for the creditor or on the creditor before representation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, 1 Courthouse Square, Carlisle, PA, before the presentation of the petition to the Court. 4. A copy of the Writ of Execution is attached hereto at Exhibit "B ". SHERIFF OF CUMBERLAND COUNTY EXHIBIT "A" LEGAL DESCRIPTION Fax Parcel No. 08-12-0334-009 ALL THAT CERTAIN tract of land situate in Dickinson Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point in the center line of Pine Road which point is South 63 1/2 degrees West 590 feet from the center line of Township Road T-462; thence by the center line of Pine Road South 63 1/2 degrees West 100 feet to a point; thence by lands now or formerly of W. K. Peffer, North 17 1/4 degrees West 401 feet to a concrete monument; thence by lands now or formerly of the Commonwealth of Pennsylvania, North 71 1/4 degrees East 100 feet to an iron pin and stones; thence by lands now or formerly of John C. and Sarah Miller, South 17 1/4 degrees East 400 feet to the center line of Pine Road to the place of BEGINNING. The foregoing description is in accordance with a survey by T. 0. Bietsch, Registered Surveyor, made in August, 1967. BEING the same property conveyed to Mortgagor by deed of Mary L. Crull, et al. dated July 11, 2005 and recorded in the Recorder of Deeds Office for Cumberland County at Deed Book 269, Page 4590. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 13-5494 Civil COUNTY OF CUMBERLAND) CIVIL ACTION — LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due THE BANK OF LANDISBURG Plaintiff (s) From DANA L. SHULTZ A/K/A DANA L. GELBAUGH (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishees) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $49,928.83 L.L.: $.50 Interest FROM (12/26/13 DATE OF JUDGMENT) THROUGH 6/4/14 DATE OF SALE AT THE PER DIEM RATE OF $8.54) - $1,374.94 Atty's Comm: Atty Paid: $209.77 Plaintiff Paid: Date: 3/4/14 (Seal) Due Prothy: $2.25 Other Costs: David D. Buell, Prothonotary Deputy REQUESTING PARTY: Name: MELANIE L. VANDERAU, ESQUIRE Address: METTE, EVANS & WOODSIDE 3401 NORTH FRONT STREET, P.O. BOX 5950 HARRISBURG, PA 17110-0950 Attorney for: PLAINTIFF Telephone: 717-232-5000 Supreme Court ID No. 203167 Exhibit B aUNITED STATES POSTAL SERV/CE,. This Certificate of Mailing provides evidence that mail has been presente This form may be used for domestic and international mail. From: Melanie&L. Vanderau, Es.uir METTE, EVANS & WOODSIDE 3401 North Front Street, 2nd Harrisburg, PA 17110-0950 To: Dana L. Shultz a/k/a Dana L. Gelbaugh 15 Hamilton Street Boiling Spring, PA 17007 PS Form 3817, April 2007 PSN 7530-02-000-9065 o v o NN� csu: ?0.) 174- 2 °2 N Ea o 0 SDO1Nn 0 2 Exhibit C UNITED STATES Certificate Of POSTAL SERVICE. Mailing This Certificate of Mailing provides evidence that mail has been presented to USPS® fur ailing. This form may be used for domestic and international mail. From: Melanie L. Vanderau, Esquire METTE, EVANS & WOODSIDE 3401 North Front Street, 2nd F Harrisburg, PA 17110-0950 tir 1L. To: Charles Houser 79 Hays Grove Road Newville, PA 17241 PS Form 3817, April 2007 PSN 7530-02-000-9065 UNITED STATES Certificate 01 POSTAL SERVICE, Mailing This Certificate of Mailing provides evidence that mail has been presented to USPS® for mailing. This form may be used for domestic and international mall. From: Melanie L. Vanderau, Esquire METTE, EVANS & WOODSIDE 3401 North Front Street, 2nd Harrisburg, PA 17110-0950 To: Robert G. Frey, Esquire O cb co .O' C� Vj 5 South Hanover Street ALL d Carlisle, PA 17013 PS Form 3817, April 2007 PSN 7530-02-000-9065 Exhibit b aUNITED STATES POSTAL SERVICE This Certificate of Mailing provides evidence that mall has been pr This form may be used for domestic and international mall. From: Melanie L. Vanderau, Es To: 3401 North Front Street, 2nd F . Harrisburg, PA 17110-0950 Cumberland County Tax Claim Bureau 1 Courthouse Square Old Courthouse, Room 106 Carlisle, PA 17013 PS Form 3817, April 2007 PSN 7530-02-000-9065 ( Exhibit E UNITED STATES Certificate Of POSTAL SERVICE, Mailing This Certificate of Mailing provides evidence that mall has been presented to USPS® for mailing. This form may be used for domestic and international mail. From: Melanie L. Vanderau, Esquire To: METTE, EVANS & WOODSIDE 3401 North Front Street, 2nd Fl. Harrisburg, PA 17110-0950 Cumberland County Domestic Rh , it.ons 13 North Hanover Street r\-„• � (80� Carlisle, PA 17013 `<'a PS Form 3817, April 2007 PSN 7530-02-000-9065 UNITED STATES Certificate Of POSTAL SERVICE, Mailing This Certificate of Mailing provides evidence that mail has been presented to USPS® for mailing. This form may be used for domestic and International mail. From: Melanie L. Vanderau, Esquire METTE, EVANS & WOODSIDE 3401 North Front Street, 2nd Fl. Harrisburg, PA 17110-0950 To: PA De.artment of We a e Bureau of Child Support Enfo t. a� ent bd� 1303 North 7th Street X195\ Harrisburg, PA 17105 presented to USPS® for mailing. t" UNITED STATES Certificate Of o 0 POSTAL SERVICE, Mailing a n!� This Certificate of Mailingprovides evidence that mail has beenI ,""s4 Lal This form may be used for omestic and international mail. g I Z ©� 0 tL From: ill Melanie L. Vanderau, EsquireRi METTE, EVANS & WOODSIDE vs?... o t\� o 3401 North Front Street, 2nd Fl. _ Cr.�N Lu Ci PA 17110-0950 SdS 4. Nibvat � �� 031Mn gig i To: Occupant 1313 Pine Road Carlisle, PA 17013 b10? ., LCddL' v 1 N PS Form 3817, April 2007 PSN 7530-02-000-9065 --- SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson Ohmriff 6 Jody SSm�h Chief Deputy �./' ��! 17 p] Richard W Stewart Solicitor �pr�m�=��m.pp c�| �� PFNNS‘f LVA N|^ The Bank of Landisburg vs. Case Number Dana LShultz 2013'5494 SHERIFF'S RETURN OF SERVICE 03/25/2014 08:49 PM-Deputy Dawn Kell, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 1313 Pine Road, Dickinson -Township, Carlisle, PA 17013, Cumberland County. 04/04/2014 01:27 PM-Deputy Dawn Kell, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant,to wit: Dana L Shultz at 15 Hamilton Rd., South Middleton, Boiling Springs, PA 17007, Cumberland County. 06/04/2014 Ronny R.Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse 1 Courthouse Square Carlisle Pa, 17013 at 1000 am on June 4, 2014. He sold the same for the sum of$1.00 to Attorney Melanie Vanderau, on behalf of, Bank of Landisburg, being the buyer in this execution, paid to the Sheriff the sum of SHERIFF COST: $80570 SO ANSWERS, June 24, 2014 RONIVRANDERSON, SHERIFF wwCIL. -2 � o~'^~�-� ^emy —^ — v �&^ ^« � �r��^�� l�� x ' ~� °' w �~�� On March 3, 2014 the Sheriff levied upon the defendant's interest in the real property situated in Dickinson Township, Cumberland County, PA, Known and numbered 1313 Pine Road, Carlisle, as Exhibit "A" filed with this Writ and by this Reference incorporated herein. n_ Date: March 3, 2014 t cBy: Cj_ccu_A_ e-,k7 Real Estate Coordinator LXIII 16 CUMBERLAND LAW JOURNAL 04/18/14 Writ No. 2013-5494 Civil Term The Bank of Landisburg vs. Dana L. Shultz Atty.: Melanie L.Vanderau Tax Parcel No. 08-12-0334-009 ALL THAT CERTAIN tract of land situate in Dickinson Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point in the center line of Pine Road which point is South 63 1/2 degrees West 590 feet from the center line of Township Road T-462;thence by the center line of Pine Road South 63 1/2, degrees West 100 feet to a point; thence by lands now or formerly of W.K.Peffer, North 17 1/4 degrees West 401 feet to a concrete monument; thence by lands now or formerly of the Com- monwealth of Pennsylvania, North 71 1/4 degrees East 100 feet to an iron pin and stones;thence by lands now or formerly of John C.and Sarah Miller, South 17 1\4 degrees East 400 feet to the center line of Pine Road to the place of BEGINNING. The foregoing description is in accordance with a survey by T. 0. Bietsch, Registered Surveyor, made in August, 1967. BEING the same property con- veyed to Mortgagor by deed of Mary L. Crull, et al. dated July 11,2005 and recorded in the Recorder of Deeds Of- fice for Cumberland County at Deed Book 269, Page 4590 . 103 fs t.. . PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: April 18, April 25 and May 2, 2014 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. t 1w Lisa Marie Coy e, Editor SWORN TO AND SUBSCRIBED before me this da of May, 2014 A Notary COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE 80RO.,CUMBERLAND CNTY My Commission Expires Apr 28,2018 The Patriot-News Co. • 2420 Technology Pkwy :Iitpatriot*News Suite 300 Mechanicsburg, PA 17050 Now you know Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Marianne Miller, being duly sworn according to law, deposes and says: That she is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book"M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s)shown below: 04/13/14 - ver^ " 04/20/14 N ��50 04/27/14 tiro0.?ti Q� Sou, `� „Q3 to a , 43,0',A-13 . formes 0 ,- ��3 o Q4 degrees'-, .a��,a`• csJQ '` o �o�'ns, S Aim • a d subscribed before m- hiss day of May, 2014 A.D. monume Qac s, c�a or former ,As4s�'�Ab Q of Pennsylw QoR, ,� 'A 00 / ft , - t �► degrees East � � and stones; the ' dslnow on PPor Nota Public formerly of John and Sarah Miller, South 17 1\4 degreesEast 400.feet to the center line of.Pine Road to the place of BEGINNING. The foregoing;description is in accordance with a survey by T. 0. I 7 Bietsch,Registered Surveyor,made in August,1967. BEING the same property conveyed to Mortgagor by deed of Mary L. Crull, et al:dated'July 11,2005 and recorded in the Recorder of Deeds Office for Cumberland County at Deed Book2 9,Page 4590. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND }SS: I, Tammy Shearer, Recorder of Deeds in and for said County and State do hereby certify that the Sheriffs Deed in which Bank of Landisburg is the grantee the same having been sold to said grantee on the 4th day of June A.D., 2014, under and by virtue of a writ Execution issued on the 4th day of March, A.D., 2014, out of the Court of Common Pleas of said County as of Civil Term, 2013 Number 5494, at the suit of Bank of Landisburg against Dana L. Shultz a/k/a Dana L. Gelbaugh is duly recorded as Instrument Number 201415529. IN TESTIMONY WHEREOF, I have hereunto set my hand and s al of said office this l day of , A.D. cO/y Lly: ,6j 7/1(21r „6_,:% Jecorder of Deeds ecorde eeds,Cumberland County,Carlisle,PA My Com Sion Expires the First Monday of Jan.2018