HomeMy WebLinkAbout01-06645
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
AMERICAN GENERAL FINANCE, INC., :
Plaintiff
vs.
NO. 01- l...I...Y-S Gc..>~ l '--r~
ACTION IN MORTGAGE
FORECLOSURE
DENNIS L. PORTER,
Defendant
TO: DENNIS L. PORTER
PROOF OF SERVICE
I, HERBERT p, HENDERSON, II, ESQUIRE, of Reidenbach & Henderson hereby
certify that on December 31, 2001 I mailed by first class mail a copy of the Notice of Intention to
Take Default Judgment in the above matter upon the following:
Dennis L. Porter
27 Back Street
plainfield, P A 17081
REIDENBACH & HENDERSON
By:
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Herbert P. Henderson, II, Esquire
Attorney for Plaintiff .
Attorney lD. #56304.
36 East King Street
Lancaster, PA 17602
(717) 295-9159
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
AMERICAN GENERAL FINANCE, INC., :
Plaintiff
NO. 61- {P(",if5 ~ ~
vs.
ACTION IN MORTGAGE
FORECLOSURE
DENNIS L. PORTER,
Defendant
NOTICE
You have been sued in Court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this Complaint and Notice are
served, by entering a written appearance personally or by attorney and filing in writing with the
Court your defense or objections to the claims set forth against you. You are warned that if you
fail to do so the case may proceed without you and a judgment may be entered against you by the
Court without further notice for any money claimed in the Complaint or for any other claim or
relief requested by the Plaintiff. You may lose money or property or other rights important to
you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HA VB A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
tumbe~ IANel Covni.!.f eAR. AssoeiAtibN
a Li 1oe.ld:;'1 AveNUE
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Carlisle, PA 17013
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REIDENBACH AND HENDERSON
By:JW- ? (?f
Herbert P. Henderson, II, Esquire
Attorney for Plaintiff
Attorney I.D.# 56304
36 East King Street
Lancaster, PA 17602
(717) 295-9159
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IN THE COURT OF COMMON PLEAS OF COMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
AMERICAN GENERAL FINANCE, INC.,
Plaintiff
NO.
0/- 14I4LfS ~;r~
vs.
ACTION IN MORTGAGE
FORECLOSURE
DENNIS L. PORTER,
Defendant
THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE
FAIR DEBT COLLECTION PRACTICES ACT, 15 U. S. C. ~ 1601:
The Ulldersigned attorney is attempting to collect a debt owed to
the Plaintiff, and any information obtained will be used for that
purpose. The amount of the debt is stated in this Complaint.
Plaintiff is the creditor to whom the debt is owed. Unless the
Debtor, within thirty (30) days after your receipt of this notice
disputes the validity of the aforesaid debt or any portion thereof
owing to the Plaintiff, the undersigned attorney will assume that
said debt is valid. If the Debtor notifies the undersigned attorney in
writing within the said thirty (30) day period that aforesaid debt, or
any portion thereof, is disputed, the undersigned attorney shall
obtain written verification of the said debt from the Plaintiff and
mail same to Debtor. Upon written request by Debtor to the
Ulldersigned attorney within said thirty (30) day period, the
undersigned attorney will provide debtor with the name and address
of the original creditor if different from the current creditor.
REIDENBACH AND HENDERSON
Herbert P. Henderson, II, Esquire
Attorney for Plaintiff
Attorney ID# 56304
36 East King Street
Lancaster, PA 17602
(717) 295-9159
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IN THE COURT OF COMMON PLEAS OF CuMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
AMERICAN GENERAL FINANCE, INC., :
Plaintiff
NO.
o/~ iJt..'f5" ~7~
vs.
ACTION IN MORTGAGE
FORECLOSURE
DENNIS L. PORTER,
Defendant
COMPLAINT
1. PlaintUfis
American General Finance, Inc.
6 South Hanover Street
Carlisle, PA 17013
2. The name and last known address of the Defendant is:
Dennis L. Porter
PO Box 207
Plainfield, P A 17081
who is the Mortgagor and real owner of the property hereinafter described.
3. On November 12,1998, Mortgagor made, executed and delivered a mortgage upon the
premises herein after described to AMERICAN GENERAL FINANCE, INC., which
mortgage is recorded in the Office ofthe Recorder of Deeds of CUMBERLAND County,
in Mortgage Book No. 1497, Page 180. A true and correct copy of the mortgage is
attached hereto and incorporated herein by reference and marked as Exhibit "A:'
4. The premises subject to said mortgage is described as attached in the legal description set
forth in Exhibit "BOO.
5. The mortgage is in default because monthly payments of principal and interest upon said
mortgage due JUlIe 12, 2000 and each month thereafter are due and UlIpaid, and by the
terms of said mortgage, upon failure of mortgagor to make such payments after a date
specified by written notice sent to Mortgagor, the entire principal balance and all interest
due thereon are collectible forthwith.
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6.
The following amounts are due on the mortgage:
Principal Balance
Interest
8~2~ltmoughll~1~1
(per Diem $2.96)
Attorney Fees
Cost of Title Search
TOTAL
$ 8,849.94
$ 2,165.28
$ 272.32
$ 1,500.00
$ 110.00
$12,897.54
7. The attorney's fees set forth above are in conformity with the Mortgage documents and
Pennsylvania Law, and will be collected in the event ofa third party purchaser at Sheriff's
Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be
charged.
8. The Combined Notice has been sent to the Defendant by regular and certified mail as
required by 35 P.S. ~1680.403c on the date(s) set forth in the true and correct copy of
such notice(s) attached hereto as Exhibit "C".
9. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance
Program, Act 91 of 1983, has terminated because either:
(i) Defendant(s) have failed to meet with the Plaintiff or an authorized Credit
Counseling Agency in accordance with Plaintiff's written Notice to Defendants, a
true and correct copy of which is attached hereto as Exhibit "C"; and/or
(ii) Defendant(s) application for assistance has been rejected by the Pennsylvania
Housing Finance Agency; or
(iii) Subject premises is either a commercial property or is not the Defendants primary
residence and therefore the Act does not apply.
WHEREFORE, Plaintiff demand an in rem Judgment against Defendant(s) in the smn of
$1'1,8'1'1.5"4, and other costs and charges collective under the mortgage and for the foreclosure
and sale of the mortgaged property.
~y: REIDENBACH&HENDE~
J.~_,r-(7_IL ~
Herbert P. Henderson, II, Esquire
Attorney for Plaintiff
PA ID No. 56304
36 East King Street
Lancaster, PA 17602
(717) 295-9159
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VERIFICATION
Herbert P. Henderson, II, Esquire hereby states that his is attorney for Plaintiff in this
matter, that he is authorized to make this Verification, and that the statements made in the
foregoing Complaint are as related to him by Plaintiff and are true and correct to the best of his
knowledge, information and belief. The undersigned understands that this statement is made
subject to the penalties of 18 pa. C. S. Sec. 4904 relating to unsworn falsification to authorities.
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Herbert P. Henderson, II, Esquire
Attorney for Plaintiff
I.D. # 56304
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Account No.
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'9B NOU 13 Prl ~ 58
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(Space Above This Une For Recording Data)
OPEN.END MORTGAGE
THIS MORTGAGE SECURES FUTURE ADVANCES
To Borrowers whose Revolving Une of Credit Agreement and Disclosure Statement provides for a Une of Credit not exceeding $5O.000-and'.;.:
Variable Rate feature: Notice to Borrower: This document contslns provisions for e varlsble Interest rate,
THIS OPEN-END MORTGAGE ("Security Instrument") is given on NOVEMBER
DENNIS L PORTER
12
,19 98 . The mortgagor Is
(Borrower",
(indicate marital status)
This Security Instrument is given to AMERICAN GENERAL FINANCE. INC. which is organized
and existing under the laws of Pennsylvania, and whose address
is 6 SOUTH HANOVER STREET. CARLISLE , Pennsylvania
("Lender). Borrower may incur indebtedness to Lender in amounts fluctuating from time to time up to the principal sum
of TEN THOllSAND OOT.T.I\RS *****************",,*************** Dollars (U.S. $ 10 . 000 _ 00 ), which
amount constitutes the maximum amol:.lnt of unpaid loan indebtedness, exclusive of interest, thereon. which is secured under this Security Instrument.
This debt is evidenced by Borrower's Revolving Una of Credit Agreement and Disclosure Statement dated the same date as this:Security Instrument
("Note'~, which provides for monthly payments, with the full debt. if not paid earlier, due and payable as provided in the Note. This:Security Instrument
secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications; (b) the payment
of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; (c) the perforrriance of Borrower's
covenants and agreements under this Security Instrument and the Note; and (d) the unpaid balances of loan advances mad~ after this Security
Instrumeht is deliyered to the recorder for record. For this purpose. Borrower does hereby mortgage. grant and convey to lender the following
describer propertY located in CUMBERLAND County, Pennsylvania:
All that certain property in the VIL~! of Plainfield, TOWNSHI~ of Wagt ?eunBbo~o, COUNTY
of Cumberland, ~d COMMONWEALTH of Pennaylv~ia, Pa~cel I. D. #46-18-1394-077, being mo~.
fully de.oribed in Dead ~ted 09/10/86, recorded 09/19/66, and appearing among ebe land
recorda of the County and State eet forth abov., in Book E-32, page 624.
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Prior Instrument Referenco: Mortgage Book No. 187
, Page
453
D38-llOO28 (Rev. 6-96) RovoMng
BooK1497rAGE J.80
PENNSYLVANIA
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D RT ' Borrower DENNIS L PORTER
(Sean
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KIMBERLY S I
(Sean
Borrower
COMMONWEALTH OF PENNSYLVANIA, COUNTY OF CUMBERLAND
so:
On this 12TH day of NCJVF.MRRR 19--9L, belore me, BRF.NDA K RTSHOP the
undersigned ollicer, personally appeared DENNIS L PORTER , known to me (or satisfactorily proven) to be lite pereon(s)
whose name(s) IS $ubscribed to the within instrument and acknowledged that he execUted the same for the purposes
(IS/are)
therein contained.
WITN. E~~ my hand and official seal, the day and year aforesaid.
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Notarial Seat
Brenda K. 5ishop, Notary Public
Carlisle 50ro, Cumberland Counly
My Commission Expires Nov. 20, 2000
Member, PennsyllJania Assoctatlon of Notaries
h1?o.N"lo,- rB~ Arx:8
Notary Public of Pennsylva la
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CERTIFICATEQF RESIDENCIi . '"
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I, ~ DEANNA R BANKRR'l' 'r~~iI1I"9".';P~JflJtv.lireliojng mortgage, hereby certify that the correct
residence address of said Mortgagee Is 6 SOUTH HANOIIER :STREfr:,\'.~I5IlE. ;, , Pennsylvania.
Witness my hand, this 12TH day of NOVEMBER .,' !J:~(~~~'~":\\~. :.~ .
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Agent of Mortgagee
BOOK 1497 PAGE. .183
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ACCOI"}NT NO
lFNOFI::j lWE OUR U&\
MoRE LiNE.
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nCVVLVlrtU L.lrtC. ufo "'"c.ui 1 ,",unccmcrt' Mnu UI;"""Lu;"",nc;" ''''I cMcl't'
- SECOND MORTAGE ($5001.$50,000)
BORR'DWERtS) IYOU. YOUR,
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. - LIIstN.me FlrstN.me MIdcJIeIM..1
AMERICAN GENERAL FINANCe, INC. T.
f (' mmVER STREET LaslName F,rstName Mlddle'n'l..,
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Cl\HLISLE .
SlteelAddless
P.O. RnX n Rlln<
17013 C,Iy Slale Z,.
PENNSYLVANIA PLAINFIELD PA 17081
OTHER CHARGES . NOVRMRF.R 17.. l'l'lR
Dale 01 Agreement -
Appraiser for Appraisal Fee $ NA Date Finance Charge Begins 10 Accrue NOVEMRF.R Hi. l'lqR -
Title Exam FeefTitle Insurance $ 55.00 Line 01 Credil $ H) , 000 00 lmlial Advance $ 7,704 4fi
Other NA $ Nil
Other NA $ NA Nature 01 Security For Advances Made Hereunder
Other NA $ Nil Real Estate Mortgage. Deed of Trust. or Similar Secunly Instrument on
27 BACK STREET , PLAINFIELD PA 17081
Paid to Public Officials for Nil $ Nil
Paid to Public Officials for Recording, Rling and Releasing Fees $ ?'i 'in
$ Nil PAlO TO Nil Mortgage. Deed of Trust or Similar Securoty Instrument prov,des lh<ltluture advances WIll be secured
$ Nil PAlO TO Nil thereby
$ Mil PAID TO Nil
INSURANCE: Credit Life Insurance is not required to obtain credit and willl)otbe provided unless'you sign and agree to pay the additional cost You understand we
and our insurance affiliate anticipate profits from the sale of credit insurance, and you corisent thereto if you select such insurance.
RIGHTTO RESCIND INSURANCE: Within 15 days alter receipt ola certificate, the borrower has the right to rescind the insurance. To do so, written notice must be
given to the Company orthe Creditor. If joint insurance is effective, both borrowers must sign the written notice requesting cancellation. The insurance as to those
persons requesting rescission is then void from its effective date.
MERIT LIFE INSURANCE CO., 601 N.W. SECONO ST., PO BOX 39, EVANSVillE, IN 47701.0039 (BOO) 325.2147.
GROUP CREOIT LIFE INSURANCE APPLICATION
TYPE
PREMIUM
Single Credit Life Insurance
Borrower
o Co-Borrower
. $.705
Joint Credit Life Insurance
D
. $1.23
'Charge per $1 ,000 average daily balance
per month.
What is your date of birth?
Borrower
Co-Borrower
I/We represent that the information and answers given on this application are true and complete to the best of
They.,will be used to issue the requested insurance. I/We understand th truthful answers may re ult in i
Oate / ( /2.. 9 ? Signature 01 Borrower
Date Signature of .Co-Borrower
Do not sign this applicatjon if any spaces applicable to the Borrower(s) electing the coverage and to the coverage being elected have not been completed. The
application will not be used in a contest if the Borrower(s) has not answered the questions applicable to the coverage being applied for and/or if the Borrower(s) has
not signed and dated the application.
We may require insurance to protect property securing this agreement. You may obtain property insurance from anyone you want, provided the insurance company is
acceptable to us.
LOAN: We grant you a Une of Credit in the amount stated above, subject to the terms and conditions set forth in this Agreement. You may access your Une of Credit
by the checks we issue to you, by contacting our office during normal business hours, or in any other manner we prescribe, and in an amount of at least $100 (the
"minimum credit advance") as long as you do not exceed your Line of Credit. You must lake a minimum initial advance of $2,500 on the "Date Finance Charge Begins
to Accrue" stated above.
ACCESS TO ACCOUNT: Your right to obtain advances under the Agreement expires ~ years from the "Date of Agreement" shown above. This ~ year
period is referred to as the Draw Period. The period beginning upon the expiration of the Draw Period and continuing until the account is paid in full is referred to as
the Repayment Period. The required Federal Truth.in.Lending disclosures included in this Agreement, such as the "ANNUAL PERCENTAGE RATE" disclosures
section, apply to both the Draw Period and the Repayment Period.
PROMISE TO PAY; PAYMENTS: You agree to repay 10 us: (a) all amounts advanced to you or on your behalf by us, including amounts in excess of your line. of Credit
that we may lend you and amounts that are due under your Mortgage, peed of Trust or Security Instrument; (b) all finance charges and other charges (including
insurance charges) applied to your account, and (c) reasonable attorneys fees actually incurred collection costs if and as permitted by applicable law, including court
costs. If there is more than one Borrower you are jointly and severally liable for all of these amounts. Payments will be applied in the following order: to other
charges (besides insurance charges), to insurance charges, to Periodic Finance Charges, and to the remainder of the unpaid balance (including The Points Finance
Charge). You may not use the checks we issue to pay any amounts due under this Agreement. You may repay any part or all of your unpaid balance at any time. Your
minimum monthly payment will be'figured as described in the option checked below.
o PERCENT OF BALANCE OPTION: You a9",e.to make a minimum monlhly payment equal 10 Ihe sum of NA % of your new balance as shown on your
monthly statement, plus any past due amount. The length of the Repayment Period is determined by the amount of the unpaid balance at the beginning of the
Repayment Period. Under some circumstances, the minimum monthly payment will not cover the Periodic Finance Charges that accrue and "negative amortization"
will occur. Negative amortization will increase the amount that you owe us and reduce your equity in your home (the real property securing this Agreement).
00 ASSUMED TERM OPTION: You agree to make a minimum monthly payment necessary to repay your new balance as shown on your monthly statement over a
10 year periOd (the "Assumed Term"). The length of the Repayment Period is determined by when the later of these events occurs: (a) the end of
the billing cycle in which the final advance during the Draw Period is taken or (b) (if your account has a Variable Rate feature) the end of the billing cycle in
which the final Annual Percentage Rate change during the Draw Period occurs. During the Draw Period, at the end of each billing cycle in which an advance is
taken or_the Annual Percentage Rate changes (if your account has a Variable Rate feature), your minimum monthly payment will be adjusted to amortiZe your new
balance as shown on your monthly statement over th~_ -Assumed Term. If your account has a Variable Rate feature, during the Repayment Period your minimum
n:':onthl,Y pa_yment ,_~!('-p~~~gt;;t, ~a<?~~;Iif!1_~Jh~ A,~_n,u.ElI_ P_~r~~qti1':a~J=:J~t~.?h<!rge,s, but the final maturity date will remain the same.
)1 the mlnlri1iu:Jlt;1nonthly payment.determji'ie'd;iAnder,jelthef'bptlorifl~il8'ss"'th'an':$5b:.'the mfnlmum monthly payment will equal the lesser of $50 or the'unpaid balance on
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monthly payment will change eaCh-.,time-.th,e'_Apnua,' p_eu;en~~;'~~;t;_:,;~~n,g~~;:_,ti~t:'t~J fi~~I:'fY;'~;~I'W~,q,fl-I~'f~;'_I,I,.remal!l,l!J~' ~,~Tp_~,,_,_;,: __ " .. _ :--' ,':,.' _, _ _' _ _ .' .: '
If the minimum -monthly payment determined under either optioh:is .JeskJ:t;um~;$50;:;tn~-miilirr1l1m. rri~ntbly:,p'ay'ment will equal the lesser;of:.$SO;or'tn&unpaid'balance- on
your aCcount. Payments must be received at our address by the due date indicated on your monthly statement.
FINANCE CHARGE: Finance Charges are the total of: (a) Periodic Finallce Charges a'ld (b) Other Finance Charges.
(a) PERIODIC FINANCE CHARGES: We will compute the Periodic Finance Charge in each billing cycle by multiplying the average daily balance of your account
times the monthly perici:!ic rate. To get the average daily balance, we take the beginning balaF;!ce of your account each day, add any new advances and other
charges, and subtract any payments or credits. This gives us the daily balance. Then we take the sum of all the daily balances and divide the sum by the numberof
days in the billillg cycle. This gives us the average daily balance. A Periodic Finance Charge tlegins to accrue on the date that an advance or charge is posted to
your aCcount and continues to accrue until the date that the advance or charge is paid in full.
(b) OTHER FINANCE CHARGES: These charges are the Point~ Finance Charge and the Annual Credit line Finance Charge. The Points FINANCE CHARGE is
$ 300.00 and the Annual Credit Line FINANCE CHARGE for the first year of this Agreement is $50.00. for a totai Other FINANCE CHARGE forthe
first year of the Agreement of $ 350.00 . These Finance Charges are due and payable on the "Date Finance Charge Begins to Accrue" stated above.
The Annual Credit line FINANCE CHARGE for each subsequent year of this Agreement after the first year is $50.00 and is due and payable annually on
such anniversary date. You agree that these Finance Charges may be charged to your account balance.
ANNUAL PERCENTAGE RATE: Your Annual Percentage Rate may be a Fixed Rate or a Varjable Rate. There may be an Introductory Rate on your account. The
Annual Percentage Rate includes only interest and not other costs.
(a) FIXED RATE: (If Checked) 00 The monthly periodic rate is the Annual Percentage Rate divided by 12. Finance Charges are computed by applying a monthly
periodic rate 01 1.<Xn/o ( 12.000/0 ANNUAL PERCENTAGE RATE) to the average daily balance.
(b) VARIABLE RATE: (It Checked) Notice to borrower: This document contains provisions for a variable interest rate. 0 The monthly
periodic rate used in determining your Periodic Finance Charge will be a variable rate which may change annually on each anniversary date of your account.
The monthly periodic rate will be the sum of the Index Rate plus, NA percentage points (the "Margin"), divided by 12. The initial monthly periodic rate on
your account IS NA % (NA % initial ANNUAL PERCENTAGE RATE). The Index Rate applicable tor each one-year period during which you maintain your
account will be the highest prime rate published in the "Money Rates" listing of The Wall Street Journal (the "Index"), a business newspaper, on the first business
day after the 14th day of the month preceding the month in which your anniversary date falls. (For example, if your anniversary date is May 9, your Annual Percentage
Rate may change each year on May 9, using the Index Rate in effect on the first business day after the 14th day of April.) The new Annual Percentage Rate will
apply '0 new advances and charges and to the existing unpaid balance (excluding accrued Periodic Finance Charge) of your account. An increase in the Index
Rate Qr the Introductory Rate stated below (at its expiration) may increase the Annual Percentage Rate, Finance Charge, and minimum monthly payment on
your account.
The maximum annual increase in the ANNUAL PERCENTAGE RATE will not exceed NA percentage points. The maximum ANNUAL PERCENTAGE RATE
on your account will nof exceed NA Q/o. In no event will the Annual Percentage Rate exceed that permitted by applicable Jaw. Jf the Index is no longer ayailable,
we will change the Index and Margin so that the Annual Percentage Rate produced by the new index and margin is substantially similar to the Annual Percentage
Rate in effect when the Index becomes unavailable.
(c) INTRODUCTORY RATE: (If Checked) 0 The Annual Percentage Rate on your account is an Introductory Rate. Your Introductory Rate is a monthly periOdic rate of
~ % (...l'!lL % ANNUAL PERCENTAGE RATE). This rate will be In effect for the flrst.NlL.monfhs your account is open (the "lntroduclOry period"J.At the
end of the Introductory Period your monthly periOdic rate and Annual Percentage Rate will bethe initial Variable Rate Or the Fixed Rate stated above. If your account
has a Variable Ratefeature, the rate that would have been applied during the Introductory Period using the Index and Margin is the initial monthly periodic rate and the
initial Annual Percentage Rate stated in "VARIABLE RATE" above. If your account has a Fixed Rate feature, the rate that would have been applied during the
Introductory Period is the monthly periodiC rate and theAnnuaJ Percentage Rate stated in "FIXED RATE" above. During any period in which an Introductory Rate
applies, your minimum monthly payment will be calculated using the Variable Rate or Fixed Rate stated above, not the IntrOductory Rate.
SECURITY: You grant a security interest to us as described in "Nature of Security for Advances Made Hereunder" above and you agree to execute all documents
which we deem necessary to create and protect such security interest.
GOVERNING LAW: This Agreement is made and entered into under Pennsylvania law. This Agreement covers open-end loans pursuant to the Pennsylvania Secondary
Mortgage Loan Act (7 Pa. Stat. Ann. ~~6601 at seq.). If this Agreement is secured by a second lien on your real property, and your account has a Variable
Rate feature, this Agreement is also made and entered into under Title VIII of the Federal Garn-St Germain Depository Institutions Act of 1982 (Pub. L. 97-320;
12 U.S.C. ~~3801 at seq.. as amended).
If you do not meet your contract obligations, you may lose your home.
NOTICE: The terms and conditions on the reverse side are part of this Agreement and are incorporated herein by reference.
CAUTI : IT IS IMPORTANT THAT YOU HOROUGHLY
REA IS CONTR~CT FO IT.
~:r:cl>N~INANCE' INC. (Borrower)<J/ SIGNHEAE)
V DENNIS L PORTER
bY" ~ . (Borrower) <::Ii SIGN HEREI
(~em~r~nder) ~
038-00025 (X) PA REVOLVING REAL ESTATE LOAN - SECOND MORTGAGE ($5001 TO $50,000' (7-S8J ~ ,~ I
NOTICE: See reverse side for adc:l!itil)nal terms and conditions and important information regarding your rights to dispute billing $rror..
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FILE
~ q-20~DI JL()
September 20,2001
RE: American General Finance, Inc.
TO: Dennis L. Porter
PO Box 207
Plainfield, P A 17081
FROM: American General Finance, Inc.
6 South Hanover Street
Carlisle, P A 17013
ACT 91 NOTICE
TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE
This is an official notice that the mortgage on vour home is in default. and the lender intends to foreclose.
Specific information about the nature ofthe default is provided in the attached Dages.
The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM mEMAP) may be able to helD save your
home. This notice eXDlains how the orolp:3m works.
To see ifHEMAP can help. you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY
WITHIN 30 DAYS OF THE DATE OF TIllS NOTICE. Take this Notice with vou when you meet with the
Counseling Agencv.
The name. address and phone number of Consumer Credit Agencies serving vour Countv are listed at the
end of this Notice. If vou have anv Questions. vou mav call the Pennsv1vania Housing Finance Agencv toll
free at 1-800-342-2397. (Persons with impaired hearing can call (717) 781-1869).
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 IMPORT ANCIA, PUES AFECTA SU DERECHOA
CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA
NOTIFICACION OBTENGA UNA TRADUCCIONINMEDIT AMENTELLAMANDO ESTAAGENCIA
(PENNSYL VANIA HOUSE FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO
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ARRIBA. PUEDES SER ELIGIBLE PARA UN. PREStAMO POR ELPROGRAMA LLAMADO
"HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUESE
SAL V AR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA.
HOMEOWNER'S NAME
Dennis L. Porter
PROPERTY ADDRESS:
PO Box 207, Plainfield, P A, 17081
LOAN ACCOUNT NO.:
32622180
ORIGINAL LENDER:
American General Finance, Inc.
CURRENT LENDER/SERVICER:
American General Finance, Inc.
HOMEOWNER'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
ASSISTANCE:
*IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR
CONTROL,
*IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PA Y YOUR MORTGAGE
PAYMENTS AND,
*IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE
PENNSYL VANIA HOUSING FINANCE AGENCY.
TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of
foreclosure on your mortgage for thirty (30) days from the date ofthis 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 ofthis Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT THIRTY (30) DAYS. IF YOU
DO NOT APPLY FOR EMERGENCY MORTGAGE 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 desilffiated
consumer credit counselinl! al!encies for the countv in which the oropertv 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 you intentions.
APPLICA nON 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 [mancial
assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out,
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sign and file 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-face 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 IMMEDIA TEL Y AND YOUR APPLICATION 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 proceeding 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 your
application.
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 ATTEMPT TO COLLECT TIlE DEBT.
(If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.)
HOW TO CURE YOUR MORTGAGE DEFAULT (Bring: it uo to date):
NATURE OF THE DEFAULT.. The MORTGAGE debt held by the above lender on your property located
at: PO Box 207, Plaiofield, PA, 17081, IS SERIOUSLY IN DEFAULT because:
A. YOU HAVE NOT MADE MONTIIL Y MORTGAGE PAYMENTS for the following months and the
following amounts are now past due:
Account #
May 2000 through August 2001- 16 payments of$135.33 = $2,165.28
Other charges (explain/itemize): Past Due Payments: $2,165.28 (Interest included)
HOW TO CURE THE DEFAULT - You may cure the default within TIllRTY (30) clays of the date
of this Notice BYPA YING TIlE TOTAL AMOUNT PAST DUE TO TIlE LENDER, WHICH IS $2,165.28
plus interest, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE
DURING THE THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to
foreclosure uoon vour mort!!a!!ed Drooertv.
IF THE MORTGAGE IS FORECLOSED UPON - The mortgage property will be sold by the Sheriff to pay
off the mortgage debt. Ifthe lender refers your case to its attorney, but you cure the delinquency before the
lender begins legal proceedings against you, you will still 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 which may also include other reasonable costs. If vou cure the
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default within the THIRTY (30) DAY oeriod. 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 TIffi 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 ril!ht to cure the
default and nrevent the sale at any time up to one hour before the Sheriffs Sale. You may do so bv pavinl!
the total amount then past due. D1us any late or other charl!es then due. reasonable attorney's fees and costs
connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as sDecified in
writing: bv the lender and bv Derforminl! any other requirements under the mortl!al!e. 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 6 months from the date of this Notice.
A Notice ofthe 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 TIlE LENDER:
American General Finance, Inc.
6 South Hanover Street
Carlisle, P A 17013
717-243-6055
EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff s 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.
A:;;SUMPTION OF MORTGAGE - You may not sell or transfer your home to a buyer or transferee who will
assume the mortgage debt.
YOU MAY ALSO HAVE TIffi RIGHT:
* TO SELL TIlE PROPERTY TO OBTAIN MONEY TO PAYOFF TIlE MORTGAGE DEBT OR TO
BORROW MONEY FROM ANOTIffiR LENDING INSTITUTION TO PAY OFF TIllS DEBT.
*TO HAVE TIllS DEF AUL T CURED BY ANY TIlIRD PARTY ACTION ON YOUR BEHALF.
*TO HAVE TIlE MORTGAGE RESTORED TO TIlE SAME POSITION AS IF NO DEFAULT HAD
OCCURRED, IF YOU CURE TIlE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO
CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.)
*TO ASSIST THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR
ANY OTIlER LAWSUIT INSTITUTED UNDER TIffi MORTGAGE DOCUMENTS.
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*TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MA Y HAVE TO SUCH ACTION BY THE
LENDER.
*TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE
LENDER.
*TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY
CCCS of Western Pennsylvania, Inc.
2000 Linglestown Road
Harrisburg, P A 17102
(717) 541-1757
Financial Counseling Services of Franklin
31 West 3"' Street
Waynesboro, PA 17268
(717) 762-3285
It is only necessary to schedule one face-to-face meeting. You should advise American General Finance,
Inc., immediately of your intentions.
Sinc rely,
Herbert P. Henderson, II
Attorney for Beneficial Consumer Discount Company
36 East King Street
Lancaster, PA 17602
(717)295-9159
pc: American General Finance, Inc.
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MADE THE \Cj {Yo",. of
hundred llinely~ci[,lhr (1998)
DICED
DDfOG~n Ihe year uf 0111' Lonl Ol1e tholls:lnd nine
BETWEEN DENNIS L. I'ORTER :Ind DEDRA L. PORTER, husband and Wife, of
Clll1lberl:llld County, pennsytvoni;t
GRANTORS
:md J)I::NNI$ L. PORTER. ofCul11berland County, Pennsylvaltin
GRANTlm
WlTNESSETH, Ilml in cOI\siJeralioll of One Dollar ($1.00), ill h,lnd politi, (he receipt whercofis
hereby acknowledged, the s:\id GraJtrors do hereby brrant and convey 10 the snid Granlt(. his heirs
andnssigns:
(
ALL THAT CERTAIN ll':tcl or ]01 of ground with lhe improvements [heron erecledsitullle in
Ihe Village otPluinticlli, 'fOWllShip ofWesl Pennsbora, County ofCwlIberland. ilnd Slutc of
Pennsylvania, and boUlll.l~d ~l\d described as follows:
BEGINNINC at a post in the l'o~d from Ml. Rock ,0 Hepburn's Mill (oowcalled Burgl\Cr'S
Mill); (hence by said l'o~d South 59 Y: degrees West, 9.54 perches to a post; thence by lot now or
formedy of Alben Finkenbinder, North 5 ~ degrees Wes113.S perches 10 a post; thel\ce by lot
now or formerly of Samuel Shambaugh, North 82 degrees E~st, 8.72 perches to a post; thence by
the snme, south 5 degrees West, 10.04 perches to the place ofllEcrNNINC. Contoining One
Hundred and One (101) perches, more or less, and being improved with 0 fmme dwelling house.
BEING the some property which Lydia R. Wagner, by her Deed dated September 10, 1986,llllU
I'ecorded h1 the Oflice orthe Recorder of Deeds in il.nd for Cumberlp.nd Coumy in Deed book
"E", Volume 32, Page 624, gronted and conveyed unto Del1nis L. Porter and Debra L. Porter,
Husband ilnd Wi fe.
THlS!S A NON-TAXABLE TRANSFER forPemlsylvanin transfer Iii)!; purposes Ii'om
husband amI wife fO hu~bnlld,
And the s"id Gron!Ors hcr~by conwnant nnu :1grcc that Lhey wilJ WMrflll! sr~ciaJly the prOpl::rly
hereby conveyed.
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IN WITNESS wmm..EOF, the said Grantors have here\mto sel their hands and seals lhe day
and year flrsl above written,
COMMONWEALTH OFPENNSYLV ANIA )
: SS.
COUNfY OF CUMBERLAND )
ON THIS, the ,'it\.... dsyof ()c_~k~(" . 1998,berol"eme,lhe
\lndetsiglled officer, personally appet'ored J)ennis L.l'orlcr, known 10 Ole (or satisfactorily
proven) to be lhe pCl'son whose na1l1e is subscribed, 10 the within inSm1nlCnt, and ncknowle<lged
that he executed the snme for lhe p\lrposCS therein contained.
IN WITNESS WHEREOF, 1 hereunlO set my hand :and official seal.
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Oeniul~,Mllr!onSr..NolaryPublle
snver SprmgTwp.. Cumbetlend CounlV
My Commlsslon E~plres Oel. 24. 2002
IkmDI!1,f'el\flso,NIIIII ~lmllJOIIol NollItIGfI
COMMONWEALTH OF PENNSYLVANIA
)
:SS.
)
COUNTY OF CUMBERLAND
ONTI-nS,the /9*' dl'lyof Oc-b'b~ ,199fl.beforeme,the
undersigned officer, perso11911y appeared Debra L. l'OI1er, knOWI\ to me (or satisfllctol'jly -' ,', '.'
proven) 10 be the person whose name is subscribed Lo the within instrument, and ackriowl~dged".,
thai she executed the same for the purposes therein cOl1tained. , " - j.o',
IN WITNESS WHEREOF. 1 hereunto gel my hand and officilll seal. :f :', ~:;;~~-;~~~:",', .,
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I do hereby eeL1ify that lht:: precise residence ilnd complete post ollice address orthe wilhin-
named Gmmee(s) is:
Dale:
10\ \"1 \I\'i\
~o t:JX ?..01 Wk S1
plAIt,mELD, VA
~Jj~. at
Auol'11ey for
(JR~I-.J11::'E.
COMMONWEALTH OFPENN5YLV ANIA )
: 55.
COUNTY OF CUMDERLAND )
ReCORDED on lhis --L1.. day of 6e. ,. , A.D,
191-. in the Recorder's Officeoflhe snid County. in Deed Book
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Givcn ltlldt::r my hand .lIlt! the seal o(lhe s:iicl Officc. Lhe: dllle above
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Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
. Print your name and address on the reverse
so that we can return the card to you.
. Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
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4. Restricted Delivery? (Extra Fee)
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2. Article Number
(Transferfromservice/abel) 11'l4f/ 3LfDO O()n 3w2.3, (j;g]O
PS Form 3811, Ma~ch 2001 Domestic Return Redeipt 102595-01-M-1424
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SHERIFF'S RETURN - REGULAR
CASE NO: 2001-06645 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
AMERICAN GENERAL FINANCE INC
VS
PORTER DENNIS L
SHAWN HARRISON
Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE
was served upon
PORTER DENNIS L
the
DEFENDANT
at 1805:00 HOURS, on the 7th day of December, 2001
at 27 BACK STREET
PLAINFIELD, PA 17081
by handing to
ROGER SHUGHART, ROOMMATE
a true and attested copy of COMPLAINT - MORT FORE
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So Answers:
18.00
3.25
.00
10.00
.00
31.25
.r~r;.N':~-#
R. Thomas Kline
12/10/2001
KENNETH REIDE
,
Sworn and Subscribed to before By:
me this l<j\!::
day of
)O~",~lu., .2rJ.o{ A.D.
0,., f2 7hd;L<J ~~'f
Prothonotary'
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
AMERICAN GENERAL FINANCE, INC., :
Plaintiff
vs.
NO. 0[- t,.L,tJS c,:.,; l 't-~
ACTION IN MORTGAGE
FORECLOSURE
DENNIS L. PORTER,
Defendant
TO: DENNIS L. PORTER
DATE: December 31,2001
IMPORTANT NOTICE
YOU ARB IN DEFAULT BECAUSE YOU HA VB FAILED TO TAKE ACTION
REQUIRED OF YOU IN TillS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM
THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU
WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER
IMPORTANT RIGHTS. YOU SHOULD TAKE TillS NOTICE TO A LAWYER AT ONCE.
IF YOU DO NOT HA VB A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL
HELP.
Cmnberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
REIDENBACH & HENDERSON
By:
Herbert P. Henderson, II, Esquire
Attorney for Plaintiff
Attorney J.D. #56304
36 East King Street
Lancaster, PA 17602
(717) 295-9159
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