HomeMy WebLinkAbout01-2504 FX
"
C. WILLIAM FAHNESTOCK. JR" and
ELAINE L. FAHNESTOCK. his wife,
Plaintiffs,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v,
ALLIANCE MORTGAGE COMPANY,
Defendant,
NO,6/ - ;).SCj,/ CIVIL TERM
NOTICE TO DEFEND
You have been sued in court, If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this complaint, order and
notice are served, by entering a written appearance personally or by attorney and filing in writing
with the court your defenses or objections to the claims set forth against you. You are warned
that if you fail to do so the case may proceed without you and a judgment may be entered against
you by the court without further money claimed in the complaint or for any other claim or relief
requested by the plaintiff, You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL
HELP,
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(717) 249-3166
Americans with Disabilities
Act of 1990
The Court of Common Pleas of Cumberland County is required by law to comply with the
Americans with Disabilities Act of 1990, For information about accessible fucilities and reasonable
accommodations available to disabled individuals having business before the court, please contact our
office, All arrangements must be made at least 72 hours prior to any hearing or business before the court.
You must attend the scheduled conference or hearing,
,._.,0-'.'.'".-_
'" ~"
-~__T-'
C. WILLIAM FAHNESTOCK, JR., and
ELAINE L, FAHNESTOCK, his wife,
Plaintiffs,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v.
NO,OI' A ~-D'f
CIVIL TERM
ALLIANCE MORTGAGE COMPANY,
Defendant.
COMPLAINT TO COMPEL
SATISFACTION OF MORTGAGE
AND NOW, this 27th day of April, 2000, come the Plaintiffs C. WILLIAM
FAHNESTOCK, JR" and ELAINE L, FAHNESTOCK, his wife, by and through their
attorneys, Irwin, McKnight & Hughes, and make the following Complaint against the Defendant,
ALLIANCE MORTGAGE COMPANY, averring as follows:
l.
Plaintiffs, C, William Fahnestock, Jr, and Elaine 1. Fahnestock, his wife, are adult
individuals currently residing at 37 Woodcrest Drive, Carlisle, Cumberland County,
Pennsylvania, 17013,
2,
Defendant, Alliance Mortgage Company, is a corporation existing under the laws of
Florida, with its principal address at 8100 Nations Way, Jacksonville, Florida 32256.
3.
Plaintiffs are now and for many years past have been the lawful owners and in possession
of their personal residence known and numbered as 37 Woodcrest Drive, Carlisle, Cumberland
County, Pennsylvania, 17013 (hereinafter referred to as the "Property"),
-,:,
I -'0 ~ , ' - . , "-->-;' ';'7.",.- ,t:- ~~_;~';~T";_~.C_",,r:""'-""_I:'!"1',> "".--,,,--,. .- '~,,"""', , ... _~ t-o-",' .'j." 1~', ",",-_ _ ' c' ,~" . '___._, 'f',"~,," ,,, . ,'0'-_' . . ,
, . ~
4,
The Property was granted and conveyed by Guy H. Foster and Alverta M, Foster, his
wife, to Plaintiffs by Deed dated October 13, 1977, and recorded in the Office of the Recorder of
Deeds for Cumberland County in Deed Book "L", Volume 27, Page 811. A true and correct
copy of said Deed is attached hereto and incorporated herein as Exhibit "A."
5.
On or about September 29, 1978, Plaintiffs executed a Mortgage securing an interest
against the Property in the amount of $51,000,00 in favor of the Carlisle Building and Loan
Association of Carlisle, Pennsylvania, which mortgage is recorded in the Office of the Recorder
of Deeds for Cumberland County in Mortgage Book 650, Page 357. A true and correct copy of
said Mortgage is attached hereto and incorporated herein as Exhibit "B."
6.
On or about December 3, 1999, the Mortgage was assigned from Harris Savings Bank to
Defendant, Alliance Mortgage Company, and recorded in the Office of the Recorder of Deeds
for Cumberland County in Miscellaneous Book 632, Page 337. A true and correct copy of the
Assignment of Mortgage is attached hereto and incorporated herein as Exhibit "c,"
7,
On or about July 13, 2000, Plaintiffs received a Payoff Statement from Defendant
indicating that the total remaining amount due under said Mortgage was $252.16, which amount
'.~,' "O':-~"'," , '" l,fl '-',y'-, '-~ > -',-" > ->_i",~o ~" I . .' :,M . -.-V> . ,'~ . , . .
'.
, ',-
- ,~.g""
"
included interest to August I, 2000, A true and correct copy of said Payoff Statement is attached
hereto and incorporated herein as Exhibit "D,"
8.
On or about July 24, 2000, pursuant to the Payoff Statement from Defendant, Plaintiffs
remitted payment in full in the amount of $252.16 to Defendant. A true and correct copy of the
Remittance Statement and check in the amount of $252.16 paid by Plaintiffs as final payment is
attached hereto and incorporated herein as Exhibit "E,"
9,
Plaintiffs have therefore paid and Defendant has received all sums due and owing to
Defendant pursuant to the Mortgage attached hereto as Exhibit "B" and assigned to Defendant
pursuant to Exhibit "C."
10,
By and through its actions, Defendant, Alliance Mortgage Company, promised to satisfy
the mortgage of record at the time of fmal payment.
11.
Since July of 2000, when Plaintiffs remitted full and final payment to Defendant,
Plaintiffs have repeatedly requested Defendant to satisfy said Mortgage. A true and correct copy
of the most recent correspondence, dated February 9, 2001, and sent to Defendant by counsel for
"-~-.-,"",^-~,, >~, ~ -- -"-~ --,-,~ ~;~_"'Il"'I__:__ '7-"-"">J-'~:"", c"- ~_."-- ---j ,>-' ,"" ';<~'_~l'-c-)---~~-~,-~T-' "~"'"
~ .
,--~~'~
Plaintiffs requesting satisfaction of the Mortgage, is attached hereto and incorporated herein as
Exhibit "F."
12.
Defendant has refused to satisfy the Mortgage of record and continues to refuse to do so
despite repeated requests by Plaintiffs.
13.
Pennsylvania law requires that a satisfaction piece be issued within forty-five (45) days
after a mortgagor has sent full payment due and owing under a mortgage and has requested that
the mortgage be satisfied. 21 P.S, ~~ 681-682,
14.
Defendant has failed to mark the mortgage satisfied in the Office of Recorder of Deeds
for Cumberland County, Pennsylvania within forty-five (45) days of the receipt of full payment
and request by the Plaintiff for satisfaction, as required by Pennsylvania law.
15,
Under Pennsylvania law, statutory fmes for neglect may be imposed where there is
failure to satisfy a mortgage within forty-five (45) days of the request following full payment of
all sums due and owing. 21 P.S, ~ 682,
'-~-:I- - -'-~"'Oh_ ---,--~-,-,-,"-,--_ ,~,_-".... ','-" 'I,~I~"__-"'_ _ 0_', "'<_,,,,' -,'.,- _ "I;.<roo._ '_ --
;r, "
WHEREFORE, Plaintiff respectfully requests that this Honorable Court order that the
mortgage be marked satisfied of record, Plaintiff also respectfully requests that this Honorable
Court award any and such other further relief as this Court shall deem fair, just, and proper.
Respectfully Submitted,
IRWIN, McKNIGHT & HUGHES
Date: April~, 2001
~)(j. ;U~
Roger Irwin, EsqUire
Supreme Court l.D. No, 06282
Douglas G. Miller, Esquire
Supreme Court I.D. No, 83776
60 West Pomfret Street
Carlisle, Pennsylvania 17013
(717) 249-2353
Attorneys for Plaintiffs
".<1" .....,.
_~","'.ce_.:~_ -""." ""'-'~i_~_'I~/1 -- ~-, " t"_->T,,,::_,~",f__"..o..,,_ ,'r ",. _, I~,'_' "",__, "",.
," ,.,. --~~ ," ,~ ,"^T"-,"
VERIFICATION
The foregoing Complaint is based upon information which has been gathered by our
counsel and ourselves in the preparation of this action. We have read the statements made in this
document and they are true and correct to the best of our knowledge, information and belief, We
understand that false statements herein made are subject to the penalties of 18 Pa,C.S.A. Section
4904, relating to unsworn falsification to authorities.
C. WILLIAM FAHNESTOCK, JR.
~~ i!.. FoJJrv~ck
ELAINE L FAHNESTOCK
Date: April 27. 2001
""~".,' - -r~-_-~"~.-.<:::,~, "..lJ' - ~'".~'- ,'-~',' ~'-":",f~:!__"," "..-.'I!!'l'!I- -' ~',_,.,",,_, /""_0"" ',.,.'. ~,_ 'V,-'_'_{._"_k, ,~
~".~.,. ~,._ ",,-,__ ,f , ..,,,
..
,
I
J
za1'AT_Wu..nly l)Oto(f, Short I"Onn, Act of 1~.
Henry H.U. ItIC.. l"dl_IloII, P.,
j
!
I
J,
@r-ij'
. :.~-
-- :E~
~ r.>r!~.:
J;2:9JLf,.-~1W)I
M.1I of October
and seventy-seven (1977).
MADR THE 13th
of our Lord ontl thcu8and nirnl hundred
in tM'1JCaf'
BETIVEEN GUY H. FOSTER snd ALVERIA M, FOSTER, his wife, of
West pennsboro ~ownsh1p, Cumberland County, Pennsylvania,
and
Borough
,JR.
CLArR. W .FAHNESTOCKI and ELAINE L. FAHNESTOCK,
of. Newville, CUmberland County, Pennsylvania,
Grontors,
his wife, of
Gra:ntetlS :
WITNESSETH, that in conaideration of. Six _thousand five hundred----_---..----..
-------------($6,500.00)--~------------------------___OO/1OO-~[kn.
in lur.nd paid, the receipt whereof it hereby acknowleo.ged, the 8aid granl.ors do Mreb'V grant
aM CQ1I.1)e1/ to tM said grantee ~ their heirs and assigns,
i
;
I
!
I.
i
\
ALL that certain lot of ground situate in West Pennsboro
TownShip, Cumberland County, Pennsylvania, more particularly
bounded and described as follows:.
BEGINNING at a point on the-northern line of Woodcrest
Drive on the dividing line between-Lots Nos. 3 ad 4 on the
hereinafter mentioned plan of lots; t.hence by the northern
line of Woodcrest Drive South 72 degrees 50 minutes 22 seconds
West 12,5 feet to a point; thence by a curve to the right connecting
the northern line of Woodcrest Drive with the eastern line of Rolling
Road, having a radius of 25.00 feet an arc length of 39.27 met and a
chord length of 35.36 feet on a chord bearing of North 62 degrees
09 minutes 38 seconds West to a point; thence along the Eastern
line of Rdling Road, North 17 degrees 09 minutes 38 seconds West
233.44 :1eet to a point at lands noW' or formerly of Charles F-; Nelson;
thence by lands noW' or formerly of. Charles F. Nelson, North 70 degrees
14 minutes 09 seconds East 150.15 ~feet to a point on the dividing',
line between Lots Nos. 3 and 4 on tbe hereinafter mentioned Plan of
Lots; ~hence by said d~vidi~g line,.South 17 degrees 09 minutes 38
seconds East 265.26-eeet to a point on the northern line of Woodcrest
Drive, ,the place of Beginning.
BEING Lot No. 3 of Section "C" of Plan of Lots known as Land
Subdivi;sion for Gu~rH. Foster, which Plan is recorded in Cumberland
County Plan Book 29. page ~O.
B~ING a part of 4: larger tract of land whCh Mary C. Fox's
heirs by deed dated October 24,01942 and recorded in the Office
of the Recorder of Deeds in and for Cumberland County. Pennsylvania,
in Deed Book llpll, Vol. 12, page 44~, granted and conveyed to Guy H.
Foster, one of the Grantors herein.
,
!
l'
I
I
I
I
I
I
I
i
I
I
,
I
I
I
The above conveyance is made under and subject to the following
building and use ~estrictions:
1;
All lots shall be used for zesidential
eOO~7 PAGE 8.11'
purposes only.
~l
. ..._u .
;
,
,
)
,
"
.,
,
I
I.
I,
2: No dwelling shall be erected upon a lot which shall cost
less than $30~OOO.OO, based upon cost of material and labor as of
January, 1977.
3. No livestock of any kind, Gattle, sheep, hogs, goats or
horses and no poultry of any kind shall be kept upon the~e lots
except domestic pets.. . -
,
1
4. No breedil18 and training kennels for dogs or o.t:her animals
shall be kept or maintained upon these lots.
S. ~o temporary living structures, including trailers or mobile
homes, shall be b~ili or maintained upon these lots.
,6. No modular homes aha.II be built or ll1S.intained upon these lots.
. --- -- ~
7. No automobile> junkyards or ct:her commercial buildings shall
be erected or mainta~ed upon these lots.
8. Residence within a garage or outb~ildinZ8 upon these lots
is prohibited.
9. Any dwe1.1ing that has been started to be erected must be
complaed within a periorl of one year and no u~fin1Bhed buildings
are permitted to stand aft~r said period.
.
10. No dwelling, including the porch, shall he' erected closer
than 110 feet from the center line of any public road or street.
11. Electric service for the premises will be supplied only by
the underground distribution system.
!
,
i
!
,
I
I
I
I
i
I
!
_ 0.. " SUBJECT. to -a. penhsylvanla Power, & ,Light Company right.-o!-way
recorded in Cumberland County Miscellaneous. Record Book 230, page
962, et al. .
....:
.'....
..
'."
:',..., ,;
., .'_':.." t'._.~.
~ooK47 fACE 812.
~
AND eM Baid qrantOf'S hereb'l/ covenant end o::gree tMt they
wiU WGrra4tt generally the pr""ertv hereby corweved.
1:S~ /;'lZ
School Dlst. C . Co., Pa.
-W,.j- ~()?-...-t~
Townalllp 0' ....................
Cumb. <A., Pa.
N COMMONWEAlTH OF PENNSYlVANIA ==
: ~ a~;':::::,~: Ii ~ 6 5. 0 0 Ii
'0. P.ll.IlI;Z =
~
n,.:?:
Cmo
,;I;n~
",=0"
~';;~~
~;~~
....u~.:!
o 0
"".....0:.",
~~3
~~
~
IN WITNESS WHEREOF. Baid grantors h4V~nto Bet their
tM My aM year first above writte1l.
1umd s and Beals
&l(JnelJ. 8ea....ll: 1mb Oellllrub
m1r,..Jfr.ennu,01
/W/~;<<~-
0r'd~~~:;>~~._.~
._. 'tuyH, F ster) ~
/.... ..e
(?&Ab: q. 1-<1A_m.___~
(Alverta M. Foster) . ~
-~
I hereby certify_ the precise residence and
complete post office address of the within namd Grantees
is ,,. S It..,.? <,1"4-1: A/R.J.vv..iIA I'~, I ?w/
:rtM.v":" /!/If.W...;). CUI..-....:..
<, ~~~
~}- -'~
October 13
, 1977
SMto of PENNsn.VANlA
Coun'v of CUMBERLAND
OnUl;., tile
tUs, of
}...
13th
the under8igned of!ker, f)t1'8fJfU1Jly 4PPl}'M'ed
October
.1977 . belore me.
GUY H. FOSTER aod ALVERTA M. FOSTER. his wife,
/mown to me (or Batisfactorily 'fW'OVen) to b8 theperaons whosettam.eS are aubBct'ibed to the
witkin instrument, a1Ul. a.cknowledge4 that t:h6 Y ezecuted the same lor eM '/1UrpUS88 therein
contained.. ; ': ":..":.,,, _'
IN, WITNESS WHEREOF, I hereunto Bet my hand and o/ftciq.lseal. , . ,:~<,,,"~fi n d :q~:y
;;& ::f;i"i' "ro/' rj..... ~I..,.. '. r'.I,...."
l" ,,~' ' " \\. . l~ .
,-..-. . l.2.J.<LC..::i:=.-...c.b_ ,l<.~.:.~......~Y' \
{.r:'~"\.;:'"~:~\
. Notary Public;...:~ ~'t~.iO"N:_''''" :~_
._.__..._.-._-_._-_..._..~:?'..~.................---
Tluo .(jf':9~?:" -, .
My Co...ission Expires ':7;Q,,',>_/'i(/97f?
BOa~ 27 PIC, 613
..
,
i
I
I
I
\
i
I
i
i
,
i
\
I
I
i
i
1
I
I
I
I
J
I
I
I
I
I
i
I
I
;
,
;
I
"_ _"..__.J
..
IUJ4.
to~~
-~
81((0>>- fr337(t....-3-"I't
This Mortgage
ar::o!U)[ti.O'f'ICE or TNt.
1\Et.'i>I\\'It!l.QF of.COS
~UMBERLANOCOUNTY
EltNSYLVAM1A _.....
"f5r.':/-
, S[I' ZS 2 32 tl\'16
1978 ,
day of Sy-It,J,......
BcrwcEN CLAIR W. FAHNESTOCK, JR. and ELAINE L, FAHNESTOCK, hi. wife,
of the Borough of Newville, Cumberland County, Pennsylvania
(hereinafter whether singular or phnul, caHed thc Mott:gl1l'i:)r)
AND CARLISlE BUILD1NG AND LOAN ASSOCIATION of Carlisle, PennsylvlUUll, II. c~rporntion existing
under the laws of the Cummonwulth of Pennsylvania (hereinafter nUed tM Mortgagee) WltmS$eth:
l-'(~
MADllth.
WIiEREAS. the pid Mortgagor, by bond of even dlltc herewith, 51ands bound unto tbe Mortgagee in a cettain
penal awn, condi.tioned {or the payment oC Fifty One Thouaand and no/100---------------
-----------------------------------__DOLLAl\S ($51,000.00)
and all additional moneys advanced by the Mortgagee, With interest thereon ftom the dare hereof at the rate
provided in 581d accompanying bond, in monthly payments of not less than Four Hundred Fifty-Four
and ~9/100---------------------.DOllARS ($ ~5~ ond~9 """') on or belo",
the 15th day d: uth and ever:y month h~rea{tet, to be applied monthly as interest on the principal amount of
the obllgarion, or the reduced amount thereof, and the balance of said monthly payment to be applied as du:
monthly payment of dues on one direcr reduction loon shares, until the principal amount of the obligation and
additional advances and other charll"es made to Mortgabror or made for the protection of the mortgage security
with interest 18 paid in full. AU the other tenns and provisions.of said bond are specifically mcorpomted herein
by teft-tenee and made a part hereof ~ if set QUt 've~batim hen:in.
NOW. THEREFORE. the Mid Mortgagor, in considerntion o{ the sum of One Dollar to the Mortgllgor paid by
the Mortgagee, the receipt whereof is hereby acknowledRed, tuld lot securing payment and pec{onntlUce of said
" recited Bond as I1foreSllid. docs hereby grant, bargnin, sell and convey unto the said Mortgagee, its SUccessors
and assigns, "
AlL that certain lot of ground situate in West Pennsboro Township,
Cumberland County, Pennsylvania, more particularly bounded and described
aa follows:..
BEGINNING at a point on the northern line of Woodcre.t Drive on the
dividing line between Lots Nos. 3 and ~ on the hereinafter mentioned plan
of lots; thence by the northern lin~ of WOOdcrest Drive, South 72 degrees
50 minutes 22 seconds West 125 feet to a point; thence by a curve to the
right connecting the northern line of Woodcrest Drive with the eastern
line of Rolling Road, having a radius of 25.00 feet an arc length of
39.27 feet and a chord length of 35.36 feet on a chord bearing of North
62 degrees 09 minutes 38 seconds West to a point; thence along the eastern
line of Rolling Road, North 17 degrees 09 minutes 38 seconds West, 233.~~
feet to a point at lands now or formerly of Charles F. Nelson; thence by
lands now or formerly of Charles F. Nelson, North 70 degrees lq minutes
09 seconds East 150.15 feet to a pOint on the dividing line between Lots
NOB. 3 and ~ on the hereinafter mentioned Plan of Lots; thence by said
dividing line, South 17 degrees 09'minutes 38 seconds East 265.26 feet .
to a point on the northern line of Woodcrest Drive, the Place of BEGINNING.
BEING Lot No. 3 of Section "ell of Plan of Lots known as Land
Subdivision for Guy H~ Foster, which Plan 18 recorded in Cumberland "County
Plan Book 29~ Page 60. .'
AND BEING the same property whiCh GUY H~ Foster and_ Alverta M. Foster,
his wife, granted and conveyed to Clair W. Fahnestock, Jr. and Elaine L~
Fahnestock, his wife, Mortgagor herein, by deed dated October 13th, 1917
and recorded in the Office of the Recorder of Deeds for Cumberland County
in Deed Book "L", Vol. 27, Page 81l.
SUBJECor to certain bu1lding and use restrictions.
ConatnotJ.OD. .tu.ude ahAll be advanoed in
800_. with th. Le:lldill& Agee_nt,
800K 1;5IJ rAGE 357
~_. ~
, ~
TOGETHER with all the buildings, improvement&, and appurtenances what50eVet then:unto belonping. and
_he reversions and <<:ma.inders. rena:s. PsuCl and profits _hereof and .1&0 together with all heating. plumbing. cook-
ing and lighting flXtures and equipment, and aU screens, nonn windows, stonn doors. awnings. and .hades,
now or hereafter attached to or installed in or used in connection with the real estate above.de6cribed.
TO HAVE AND TO HOlD the lIllDe unto and for _he use of the Mortgagee. itI NCCeS8Ol'8 and AIlrignI, for-
t'Ver.
PROVIDED, however, that if _he said Mortgagor shall pay and perfonn, according to the conditions heMOf and
Mid Bond. ~hing to be paid and perforined u aforesaid, then the Cltate hereby conveyed and granted mall
become null and void.
BY 11-IE EXEamON and delivery of this Mortgage and of the Bond secured hereby, the parries hereto agree
that there are adopted and included herein, for any and all purposes. as an inrelP"al part thereof. by reference.
rhe same R~ if !,~P forth verbatim h~rdn. pH the g~nen:1 provi~ions, covenants, conditions and obligatioo~ ('on-
faint'd in the Stipulation of General Monga"ge Provisions recorded by the Mortgagee in the office (If the Re-
corder of Deeds. in Cumberland ("..cunty MortR3ge Book 436 PaRe 349. in York County MOrlRl'se Book 26Y Page
308, and in Perry County Mortgage Book 40 Page 273.
PROVIDED. HOWEVER. Ihilt if the M"ngaj:lor shall pay all of the afore!l8id indebtedness, intetellt Bnd other
amoums which may be: owing hereunder or under the accompanying Bond, and shBII fully perlonn all the cove-
nantS, conditions anJ agreements set fnrth or incorporated herein Rnd in said Bond, then this Mortgage shall
. be void AnJ released at the expenSe of the Mortgagor, Bnd the estate hereby granted and conveyed shalt be void.
WITNESS the due' execution hereof the day and year first above written.
SIGNED, SEALED, AND DELIVERED
IN TIlE PRESENCE OF,
.~.M.U~~SEAL)
CLAIR W. FAHNESTOCK, JR,
,...........................................................................(SEAL)
~.tj6.h~~~)
ELAINE L, FAHNESTOCK
......................,.............................(SEALI
~==:==
"
COMMONWEALTII OF PENNSYLVANIA
COUNlY OF CUMBERLAND
~q "
(ss,
\
~
, A.D, 19.I~..
the undersigned officer, personally appeared
Fahnestock) his wife)
On thiI the
before me a Notary Public
Clair W. Fahnestock)
doyof
Jr. and Elaine L.
SliIti&factorily proven to me to be the pcroori whose name s are subscribed to the within instrument
and atlmowlcdged that t hey executed the same for the PUrp0$C5 therein comBined.
-'......~...\}. 11I1
r. . ~
~i~V"'" ....::::.~)t;.:.-y ",
. ;JN~W:lTNESs ~ ~~EOF I hereunto Jet my hand and
~ .., ;~, -.~~-;/ ~ /
;:.:.~.~~'expira
'n ,......,. ,,) .'
~.\ny,...\.,",.,..
."....~~
ROGfil8. l~\'m;. U;.,\l1y,'IJ, C
CARLISlE (lllRlIlJGII ClJ",r~r ' T' Ie of Off' )
"'I' CQMMISSIO'" .. .hC..<\!Ll UN~...~......~......_.._._ ( It 1Cer.
"UPIRESo:.r.3.L980
......_..,.........,.,~............_.._--
CF.llTlFlCA TE C" Rr.smENCE
I cenify that the pIeCiIe pt.ce or businelS of Mortppe i. Carlj,le, PenOllyl"l.ni..'
,
.....{.,~~'...~~
".(."~~~'~for Morteaiee .. .. "--"-
aOOK 65ll PAtE 358
1--
.<
~ f-
I';
"..
.'
. Lf~~~
/
p.o::.::r;' .. ZI!.:'1L::R
RECOr~J::1~ OF DEEDS
CUMnEf\LA!~!) COlitliY-PA
. 99 DEe 3 Af'l 9 39
PENNSYLVANIA
COOIITY CUMBERLAND
PARCEL NO.
PCOL NO.
l.OAN NO, 6033 (5060)
IIIIUIIIIIDI/IIIIIIIIOIIII
As.sigmEct-Jl1terv. -llecxn1:Ie:lAS S I GNMENT
CARLISLE
OF MORTGAGE
KNOW ALL MEN BY THESE PRESENTS, that HARRIS SAVINGS BANK, A PENNSYLVANIA CORPORATION
located at235 N. 2ND STREET, HARRISBURG, PA 17101
hereinafter referred to as Assignor, for and in consideration of the sum of ONE DOLLAR ($1.00) lawful money of the
United States of America. together with other good and valuable consideration. to it in hand paid by
ALLIAN::E MJR7GIlGE aNPANY, A F!DRIIlA CORroRATICN
locatedat8100 NATIONS WAY, JACKSONVILLE, FL 32256
hereinafter referred to as ~ssignee, at or before the delivery of-these presents, the receipt of which is hereby
acknowledged, has granted, bargained, sold. assigned, transferred. conveyed and set over unto said Assignee.
its successors and assigns, all of its right. title and interest in and to that certain Mortgage dated the
day of made and executed by CLAIR W FAHNES'ItX:K ELAINE L F.A1iNES'ItXX
, Mortgagor,
. Mortgagee.
, Commonwealth of Pennsylvania.
to
covering premises situated in the County of CUMBERLAND
more particularly described therein and commonly known as:
PROPERTY ADDRESS: 37 WOODCREST DR CARLISLE PA 17013 -9482
Said Mort.gage was duly recorded on the 29th day of SEPTEMBER . 19 78 in the office of
the Register, Clerk of Recorder of Oeeds of CUMBERLAND COWlty, in Book 650
at Page357 or Document No. of the Official Records of said Register,
Clerk of Recorder of Deeds; together with that certain Note of even date and secured thereby in the principal
.""untof FIFTY-ONE THOUSAND and NO/100----- ($51.000.00 I
made and executed by mortgagor and payable to the order of the aforementioned Mortgagee. TO HAVE AND TO HOLD
the same unto said Assignee. its successors and assigns to its and their proper use and benefit forever.
1IIIlIIDIIM~1
Loon"".
J=HS820.S.00084
Page 1 of 2
BOOK 632 fACE ~37
ji.
"
-,~ ~.
'I
~ ""
,
.ai" A' 11"PAYOFF STATEMENT
.. .. lance
.,..tp'MORTGAGECOMPANY
QUOTED July 13, 2000 as of August 01, 2000
Clair W Fahnestock
37 Woodcrest Dr
Carlisle, PA 17013
RE: Loan No, 006033
Loan Type; Conventional
Mortgagor(s): Clair W Fahnestock
Prope:cty: .;. ~ Ti:jO;:-jdc:..c.;:~st '~r I Cc-...=:'is~l.e .1;'>" l':~ ')'1.3
AMOUNT NECESSARY TO PAY LOAN IN FULL ON OR BEFORE August 01, 2000
These figures include interest To August 01, 2000.
This loan is due for the August 01, 2000 payment,
The current unpaid principal balance is:
Interest at 7,62500%
* TOTAL AMOUNT TO PAY LOAN IN FULL
$
250,57
1.59
252.16
* Funds received after August 01, 2000 will require an additional
$,05 interest per Day,
INS T R U C T ION S
1, QUOTE AMOUNT, IS SUBJECT TO CHANGE WITHOUT NOTICE DUE TO TRANSACTIONS
ON OR AFTER THE DATE OF THIS QUOTE. IT IS YOUR RESPONSIBILITY TO VERIFY
THE AMOUNTS ON THIS STATEMENT PRIOR TO CLOSING AND VERIFY THE PROPERTY
ADDRESS IS THE ONE YOU REQUESTED, WE SUGGEST YOU CALL (800) 669-9721 FOR
OBTAIN A VERBAL UPDATE PRIOR TO SENDING THE PAYOFF CHECK.
These figures are subject to final verification by the Noteholder,
2. APPLICATI01:& OF PAYOFF FUJ:,.'"DS: Any unpaid ii:ea\s due at the time of
payoff will be deducted from any available escrow funds, Figures may
be adjusted if any payment previously received is rejected by the
institution upon which it was drawn. If funds received are not
sufficient to pay the loan in full, we will attempt to contact you once
verbally. If the necessary funds are not received within 24 hours, we
will return your remittance and you will be liable for any additional
interest due.
continued next page . . .
;,!l~ ~".
'.'11"
,. I'
..'
--
. -
. 6}li~!~
PAYOFF QUOTED July 13, 2000 AS OF August 01, 2000
PAGE 2, LOAN NO, 006033
3 . ESCROW: ALLIANCE MORTGAGE COMPANY WILL CONTINUE TO PAY ESCROWED ITEMS
UNTIL THIS LOAN IS PAID IN FULL. Any remaining escrow balance will be
refunded within 30 days of payoff, To avoid delays in receipt of your
refund, please notify us of any address change on the attached form.
4. PAYMENTS: Issuance of this statement does NOT suspend the contractual
requirement to make mortgage payments when due. A late charge of
$ l3.88 ~ill be assc~3~d IS days after t~e current pay~ent due date
and must be added to the payoff total if received after that time.
If we currently draft your monthly mortgage payment you MUST have
this process stopped, Please notify Customer Service by calling
(800) 669-9721 no later tha.n the 18th of the month prior to payoff.
5. REMITTANCE OF PAYOFF: PERSONAL CHECKS ARE NOT ACCEPTED FOR PAYOFF,
Interest continues to accrue until the date the payoff is RECEIVED by
Alliance Mortgage, There are 2 options for remitting the payoff funds:
TO MAIL FUNDS: Forward to one of the following addresses:
'*
OVERNIGHT DELIVERY:
Alliance Mortgage Company
Attn: Payoff Department
8100 Nations Way
Jacksonville, FL 32256
REGULAR MAIL:
Alliance Mortgage Company
Attn: Payoff Department
p, O. Box 44040
Jacksonville, FL 32232
TO WIRE FUNDS:
(wires only,
no deposits)
First Union National Bank of Florida
Jacksonville, Florida
ABA No. 063000021
Account No, 2112639030984
>(
~
'V
The wire transfer MUST have the Alliance Mortgage loan number and ~ \
\\0 '
mortgagor's name to process the funds. We ~ust receive the funds no ^ ~
,":;1-".... '--..
~:t;~o~:::e~:~~t~~m~h:s~~X~u~~:i::~:i~:~ :~~e:h~~~~ ~~:iu~~l~n~~~est ~1 ~~i~' \ ,
through that day, If we are unable to identify the wire for any reason, ~ / I~\~
you will be liable for all additional interest or fees owed, We recommend~..!7 ,,\'l<
that you call us at (800) 669-9721 the following business day to confirm'}:..Q ,,~'
payoff. Please forward mailing information for documents and escrow () t!l
refunds immediately with the attached form. . 0;.' \.f1lt.-..
'" \\.....
( L"
\{~\n 4r
~lliaDce ~orLgage Pay~nent Clearing Account
Reference: Payoff Loan 006033, Clair W Fahnestock
/
A $10,00 FEE WIL~ BE CHARGED FOR EACH DUPLICATE STATEMENT PRODUCED,
WHERE APPLICABLE,
'1''1/0/ 10,05"
Lc,1tf1/ D~33
~Jf..J 7/'2-lf)W
!LbnN(, I~c. iil.'I111
RO~6 (
<;6ufH Il--R.D
')-2-D l5~~N
fJO\\.\'I""fl.- jl.Q~. i\.Ai~-t:i!l1.
(r '... "'.. \V\> ~p" f- ~
\."""......', j-,
c:>,.; i..,1>N .- U/.""......; 1'l1 t
ro Sf"N\' cvP-i - 1
j->'UA't, L.ef. ~r /C.e-C
'2-\ "tJ
d.-qto t ~&,
7 - 'f- b l
. 1 ~\,,\
") cpo> /> /' <-('.>'
, ~1/.
CA~l~V'
n"
\7'1/
,
/..(), U- l'-f Ciii <L lLe rl
p /J1J"f?
10 Pvkt5
TItLE. De'(':P
I
{c-11~1 0.(
".j';I,=,~~~
1l
r'1
.I," Alliance=TTANcE
~,.,. MORTGAGE COMPANY
PAYOFF QUOTED
FOR LOAN NO.
006033
CC(Q)~lf' -
Ii
..
~-..., ...
July 13, 2000 AS OF August .01, 2000
PLEASE COMPLETE THE FOLLOWING AND. FORWARD WITH PAYOFF FUNDS:
(if wiring funds please fax to (904) 281-6115)
1.
REMITTANCE AMOUNT,
$ ()6c)', /b
Amount quoted
$
252.16
If Variance (List Reason
(i.e. additional fees, interest due)
Total Amount Remitted
$
(;25;;),j fo
2. ESCROW/REFUND ADDRESS,
The address on record to forward escrow refunds and year end reporting
information is as follows; if this is changing please list.the new
address:
NEW ADDRESS (if applicable) ,
ADDRESS ON RECORD
Clair W Fahnestock
Carlisle, PA 17013-9482
New Phone No.
ES,
3 ' DOCUMENT ADDRESS,
Name/Address to forward documents, if other than above:
Name/Company,
Attn,
Street:
City, State, Zip,
4 . DOCUMENT RECORDING & LEGAL INFORMATION,
To expedite the release precess, please provide the following:
Copy of the recorded instrument
OR
Copy of schedule "A" or B of the title policy INCLUDING RECORDING DATE,
INSTRUMENT NUMBER OR BOOK AND PAGE, ORIGINAL MORTGAGEE OR BENEFICIARY
AND TRUSTEE IF APPLICABLE,
Completed by/Title,
XP002/JBl
Please return completed form to:
Alliance Mortgage Company, P.O. Box 44040, Jacksonville, FL 32232
fW
.'-,
1"1
~, 1-
"
1.\ '"
~~ ~~
,
.,~
1"1
. 0 -< "C
,,0 :J>
0-<
m:I:
"m -<
o
"
,.,
It
..
.
..
..
)0
r-
r-
-
~
n
...
> 0
<= "
-< >
5 :E
::;, m
N "
i!lZ ;,;
~ ".0 ~
~Z ~
'-,~ Z ~
'om:!!
. z
>
z
o
;;
r- '"
5
:c
tti
)0
,.,
m
.n
~
-0
~
~:.::;::;.:::
',..........n..
',......,"~
:;::'>;;:~:~
t3:~ ':n .
~!@~r~
.;..-.:.......
:-....:-;-:~,
:C~;*: t;
.. ......: --;--
':'-:i:~;:' i'\.
..........
s:
m
s:
o
:!1~
~"<
~.CI:l
~t""""l-
tJO
r::'~
~~
~
[) ~
-<.
~i!
~a
( ~J!
'--~il
-<~
O~
;>"
ra~
'3
. .
-0
0;;;; en
!i~
"~'m N
~~ CI1
'?
m en
if\)
l"'"
~~ .:
~ ~ -..J
CUSTOMER RECEIPT
..
..
.
'"
..
.........:.
~::;:;:~; :
.:.:.;.;.z.
" ',",'
~:::I~
;';':';'.-,
.......'.',..
...,.....
;:::::::.~~:
:,:::::;::.: c..o
, .. c:
::l::.,..,K'r
r~~t. -<
,-:...f',.t.. ~
!~~~~t:. ·
~~~~: .
...~..'~
::~.~.~: 0
8
N
IJI
I\)
.
-
0'>
o
"T'I
"T'I
o
5>
r-
(")
J:
m
(")
'"
, ,
(C(Q)~Y.13
. " l
. " j
LAW OFFICES
IRWIN McKNIGHT & HUGHES
ROGER B. IRWIN
MARCUS A. McKNIGHT. 11/
JAMES D. HUGHES
REBECCA R. HUGHES
MARK D. SCHWARTZ
DOUGLAS G. MILLER
WEST POMFRET PROFESSIONAL BUILOING
60 WEST POMFRET STREET
CARLISLE, PENNSYLVANIA 17013-3222
(7171249-2353
FAX (7171 249-6354
~MA~:IMHLAW@SUPERNE~COM
HAROLDS./RWm (I925.II)~i)
HAROLDS.IRW/N,JR. (/954-{986)
IRWll'v'. IRH'fN & IRWIN (/956.{986)
IRWIN, IRH'I.V & JfcKN!GliT (!9/i6.1994)
IRWIN. JkKXIGllT & HUGHES (l9Y4. )
February 9, 2001
Alliance Mortgage Company
ATTENTION: PAY-OFF DEPARTMENT
p, 0, Box 44040Jacksonville, Florida 37232
\Y~
.J:..
'<:"
Re: CLAIR W, FAHNESTOCK
37 WOODCREST DRIVE, CARLISLE
TO WHOM IT MAY CONCERN:
Please be advised that I represent Mr., Clair W, Fahnestock,
According to the attached papers (copy A, copy B, copy C) he paid-off your loan on
August 1, 2000,
As of February 9, 2001, the Mortgage has not been satisfied in the Cumberland County
Courthouse despite repeated requests from him for you to do so,
Pennsylvania law requires a satisfaction piece to be issued within forty-five (45) days
when a mortgagor has sent the appropriate sums of money requesting that a mortgage be
satisfied, 21 P.S. 9 681. Beyond such time, fines for neglect may be imposed, 21 P.S. 9 682.
In accordance with Pennsylvania law, we request that this mortgage (see copy attached)
be satisfied immediately, Failure to satisfy this mortgage before the end of February may result
in legal action, as provided above, or action through the Pennsylvania Department of Banking.
Sincerely yours,
IRWIN, McKNIGHT & HUGHES
RBIlbam
Ene!
cc~ Mr, Tom Bream
Waypoint Bank
235 N, 2nd S t
Harrisburg, PA 17101
Mr, Clair W, Fahnestock
37 Woodcrest Dr
Carlisle, PA 17013
Roger B, Irwin
; ',1..,...,,: " ,~
:-i+:,' '1
I" " ,r~l_
.
~,-
. .'
~
i
i
I
Ii
il
I
I
:-~
.,~ ~"'-~,,-,
,..,"^' "'-~
"" "-~""J~ '''''__" _,
',< JJ11!lill!,.....-~
, _"., '-"-""","-M--"""~ ~_" ~" _'~">""". .,..~~., H~'. -~
I(~
---
~~
6.J
~ -L"
"'" ..P
h c, 0
~ &~
I .
-;PL0
(~ ~
J
'.,..-
(')
c
~W
6>
~:tj
Pc"">
~g
-{
-<
..
Imlr
. .
o
o
-n
:~
C;"::;JQ
-1"'jr7"1
-,,',r--'"
(j):
0:,1:.,,' b
~~~
-,
:>>
:0
-<
"...
'~!,j
;:';0
i",)
-J
>j
--'i"
,,"'
::>
c.,)
~~ntil~>:;ffi.-~'I'~";f'~P~F'<j;~f,m';r.J.'fW)'''i''''~'''~~illIN'\~f'~f<lE'JJW~N~~~~~r:i
..
,
C. WILLIAM FAHNESTOCK, JR., and
ELAINE L. FAHNESTOCK, his wife,
Plaintiffs,
: IN THE COURT OF COMMON PLEAS OF
.: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v.
NO. 01-2504 CIVIL TERM
ALLIANCE MORTGAGE COMPANY,
Defendant,
AFFIDAVIT OF SERVICE OF
COMPLAINT TO COMPEL
SATISFACTION OF MORTGAGE
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF CUMBERLAND
NOW, Douglas G, Miller, Esquire, being duly sworn according to law, does depose and state:
I, That he is a competent adult and attorney for the Plaintiffs, C, William Fahnestock, Jr, and Elaine
L. Fahnestock, in the above-captioned action,
2, That a certified copy of the Complaint to Compel Satisfaction of Mortgage was served upon
Defendant, Alliance Mortgage Company, on May 3, 2001, by certified mail, addressed to it at 8100 Nations
Way, Jacksonville, Florida 32256, Return Receipt No, 7099 3400 0018 4997 1223.
3. That the said receipt for certified mail is signed and attached hereto and made a part hereof,
I verify that the statements made in this affidavit are true and correct. I understand that false
statements herein made are subject to the penalties of 18 Pa, C. S, Section 4904, relating to unsworn
falsification to authorities
Date: May 7, 2001
~~~/r/.~
DOU LAS G. MILLER, Esquire
Supreme Court I,D, No, 83776
Attorney for Plaintiffs,
C, William Fallmestock, Jr, and
Elaine L, Fahnestock
:'i'c" ,=.
--,c"
"'''- -~-- ---<"-~.~,I"'I
,-~ '-''''J'^-~-_<- ""~"':;C'_"'e,,_-' _',j - 1--_
- ',~-'-'- ,-~, .~
" ,,"
~ _= H
.
USP S - . --""-'P_~----"'1'
. . astal ervlce . -~- - .: - . 'c::~i'
CERTIFIED MAIL RECEIPI ,_ _ ~l
(Domestic Man Only; No Insrilance COV"gffi.ge' 'PrQJOf.(esJj _ _ .
, ! ~ - _:
,."
ru
ru
r'I
01
l"'-
IT'
IT'
=r
-. POstage $
xx
CartifiedFee
<Cl
r'I
l::I
l::I
Return ReceIpt Fee
(Endorsement Required)
Restricted DeJivery Fee
(Endorsement Required)
Postmark
Here
Total Postage & Fees $
l::I
l::I
~ Racip/ent's Name (Please Print Cf$Jrly) (to be compJetGd by mailer)
..ALLIANCE..MORTGAGE..Cill!PANY........,
Street, Apt, No.; or PO Box No.
IT'
0- n81.0n_1IATIONS..l1AY.u~ ...~.__~,_".,.._~. __~~~1U~~-",,=-~~"~""~_
::: CJA~S()NVILLE FL 32256
hfo>ln3800 i'ebruary2000 I ^-'" .t~~~~
,
Complete items 1, 2, and 3. Also complete
Item 4 if Restricted Delivery is desired.
. Print your name and address on the reverse
5.0 that we can return the card to you.
. Attach this card to the back of the mail piece,
or on the front if space permits.
1. Article Addressed to:
. Is d e address different from item 1?
If YES. enter delivery address below:
- 0 Agent
o Addressee
o Ves
III No
ALI,IANCE MORTGAGE COMPANY
8100 NATIONS WAY
JACKSONVILLE FL 32256
3. Service Type
~ Certified Mail
o Registered
o Insured Mail
o Express Mail
iii Return Receipt for Merchandise
DC.O.O. -
4. Restricted Delivery? (Extra Fee)
DVes
2._ Article Number (Copy from service label)
70~9 ~400 0018 4997 1223
PS Form 3811, July 1999 Domestic Return Receipt
t02595.00.M.0952
~
'tl'
~1\
~
it"r-
" "
-< . ,- ~"
- ,. >, , ,'"
- --~" , ~",-' ' ','
,'",y-
,~"-- " '.,'
"'
,."'" --~'",",~ ~,,..,,_r<_.",,,,,_=.,
""'.. ....
'0. ~l\m~-!.k\,_,:,;,
" ,,...."'~,, ,
Q C
~"'
-=~ :l ~
I~
r:C"J
~-
~O
"=0
Pc
~
-. .'","~"' '~""." '-'-'1~:-'~lYli
liIiIiHTiill1I'n
(;
:-')
0::;
,;;c,_,~J~'f!?,l:[,:"
.-f''';''
.~~. ""'>:, ;"-~'~:
C, WILLIAM FAHNESTOCK, JR., and
ELAINE L, FAHNESTOCK, his wife,
Plaintiffs,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v.
No, 2001 - 2504 CIVIL TERM
ALLIANCE MORTGAGE COMPANY,
Defendant,
PRAECIPE TO SETTLE AND DISCONTINUE
TO CURTIS R, LONG, PROTHONOTARY:
Please mark the above-captioned case settled and discontinued and mark any judgment
related thereto as paid in full and satisfied and issue evidence of the same to the undersigned,
Respectfully submitted,
IRWIN, McKNIGHT & HUGHES
Date: May 3l, 2001
By: ~:/}. ;U;~
Douglas Miller, ESq[{ure
Supreme Court ill #83776
60 West Pomfret Street
Carlisle, Pennsylvania 17013
(717) 249-2353
Attorney for Plaintiffs
"~ --t '0'1, -"'_'-_~""'" " ,,"" .<' ..", y '<',' ,oh." I""!I ~ ,. ,- ..', ~ _ ,',n,""," ."',' _ _, '." "-'o.I~ . r" .
- ,C," .'-',.". -?z"F".,.-'-
-~ - .~
-..., ,.
~
~
'>1'-
. ,. ....
/~
"3.'__~"~""'_~" ~_' ~ .~
.,', _~ll-I~,~r"'''''-
""..,ll!Iill
-~ . .. ~^
-~'i'~p" "" '.'" .-.A'''''''k:r-''1r'' 'jjjr1'ff":LJ TO' ~'--'r~-l""~k~'<;' ^lff'tt"'i'11f"
r) .
(',,:,
-~~II;l1~~~,_ ,~ ", '.
,1"'1'