HomeMy WebLinkAbout03-3021GOLDBE,CK McCAFFERTY & McKEEVER
BY: JOSEPH A. GOLDBECK, JR.
ATTORNEY I.D. #16132
SUITE 500 - THE BOURSE BLDG.
111 S. INDEPENDENCE MALL EAST
PHILADELPHIA, PA 19106
(215) 627-1322
ATTORNEY FOR PLAINTIFF
CITIFINANCIAL SERVICES 1NC. F/KYA COMMERCIAL
CREDIT PLAN CDC
7467 New Ridge Road
Suite 222
Hanover, MD 21076
Plaintiff
VS.
ROBERT F. WAGNER III
CHARLENE R. WAGNER
Mortgagor(s) and Real Owner(s)
1855 Walnut Bottom Road
Newville, PA 17241
Defendant(s)
IN THE COURT OF COMMON PLEAS
OF Cumberland COUNTY
CIVIL ACTION - LAW
ACTION OF MORTGAGE FORECLOSURE
Term
No.
Oi¥lL ACTION: MOFiTO~4,I~E
~CLO~URE
THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO COLLECT
A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU
WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT.
NOTICE
You have been sued in couth If you wish to dethnd against the claims set forth in the fofiowthg pages, you must take action within twenty (20) days a fief the Complaint and notlce
are served, by entering a w~itten 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 m do so the case may proceed without you and a judgment may be enlemd against you by the Court without further notice for any money claim in the Complaint of for any other chim
or refief requested by the Plathtif£ You may lo~e money or property or other rights important to you.
YOU SHOULD TAKE THIS POPER 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 WH~RE YOU CAN GET LEGAL HELP.
LEGAL SERVICES [NC
8 Irvthe Row
Carlisle, PA 17013
717-243-9400
CUMBERLAND COUNTy BAR ASSOCIATION
2 Libel/Avenue
Carlisle, PA 17013
AVIS_O
LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE
USTED RESPONDA DENTRO DE 20 DIAS DESP UES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QL~E USTED, O SU
ABOGADO, REGISTP~E CON LA CORTE EN FORMA ESCPdTA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA.
RECUERDE: SI USTED NO REFONDE A ESTA DEMANDA, SE pUEDE PROSEGUIR CON EL PROCESO SiN SU PARTICIFACION. ENTONCES, LA COUTE PUEDE,
SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE
ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES.
LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEAMENTE.
SI NO CONOCE A UN ABOGADO~ LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), (215) 238-6300.
LEGAL SERVICES 1NC
8 Irvine Row
Carlisle, PA 17013
717-243-9400
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, PA 17013
COMPLAINT IN MORTGAGE FORECLOSURE
1. Plaintiffis CITIFINANCIAL SERVICES INC. F/K/A COMMERCIAL CREDIT PLAN CDC, 7467
New Ridge Road, Suite 222 Hanover, MD 21076.
The name(s) and address(es) of the Defendant(s) is/are ROBERT F. WAGNER III, 12 Park Street,
Mount Holly Springs, PA 17065 and CHARLENE R. WAGNER, 2 E. Main Street, 2nd Floor
Plainfield, PA 17081, who is/are the mortgagor(s) and real owner(s) of the mortgaged premises
hereinafter described.
On September 18, 1998 mortgagor(s) made, executed and delivered a mortgage upon the premises
hereinafter described to CITIFINANCIAL SERVICES INC. F/K/A COMMERCIAL CREDIT PLAN
CDC, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as
Book 1484 Page 465. The mortgage has not been assigned unless said assignment to the Plaintiff is
hereafter mentioned. These documents are matters of public record and are incorporated herein by
reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g).
4. The premises subject to said mortgage is described as attached.
5. The mortgage is in default because monthly payment of principal and interest upon said mortgage due
November 02, 2002, and each month thereafter are due and unpaid, and by the terms of said mortgage,
upon default in such payments for a period of one month, the entire principal balance and all interest due
thereon are collectible forthwith.
6. The following amounts are due on the mortgage:
Principal Balance
Interest fi.om 10/02/2002
through 06/30/2003 at 10.0130%
Per Diem interest rate at $20.15
Attorney's Fee at 5.0% of Principal Balance
Costs of suit and Title Search
Title/Appraisal Fee
$73,467.35
$5,480.79
$3,673.37
$9O0.OO
$83,521.51
+$225.00
$83,746.51
7. The Attomey's Fees set forth above are in conformity with the Mortgage documents and Pennsylvania
law, and, will be collected in the event ora third party purchaser at Sheriff's Sale. If the Mortgage is
reinstated prior to the Sale reasonable Attorney's Fees will be charged based on work actually
performed.
8. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has
been sent to Defendant(s) by Certified and regular mail, as required by Act 160 of 1998 of the
Commonwealth of Pennsylvania, on the date(s) set forth in the true and correct copy of such notice(s)
attached hereto as Exhibit "A". The Defendant(s) has/have not had the required face-m-face meeting
within the required time and Plaintiffhas no knowledge of any such meeting being requested by the
Defendant(s) through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate
Consumer Credit Counseling Agency.
WHEREFO .RE, Plaintiff demands judgment in mortgage foreclosure in the sum of $83,746.51, together with
interest at the rate of $20.15, per day and other expenses incurred by the Plaintiff which are properly chargeable
in acco~ance with the terms of the mortgage, and for the foreclosure and sale of the mortgaged premises.
TTORNEY FOR PLAINTIFF
VERIFICATION
I, Jana Gantt, as the representative of the Plaintiff corporation within named do hereby
verify that I am authorized to and do make this verification on behalf of the Plaintiffcorporation and
the facts set forth in the foregoing Complaint are tree and correct to the best of my knowledge,
information and belief. I understand that false statements therein are made subject to the penalties of
18 Pa. C.S. 4904 relating to unswom falsification to authorities.
Date:
Jana~l~antt
CITIFINANCIAL SERVICES INC.
Customer Name: ROBERT WAGNER
Ai)l)lication #: l 1910
Order' #: 2968650
Page 4 of 4
Exhibit A (Le~,al Descri0tion)
ALL THAT CERTAIN PARCEL OF LAND IN VILLAGE OF CENTERVILLE, PENN TOWNSHIP, CUMBERLAND COUNTY,
COMMONWEALTH OF PENNSYLVANIA, AS MORE FULLY DESCRIBED IN DEED BOOK 118, PAGE 36, ID#
31-29-2524-016, BEING KNOWN AND DESIGNATED AS A METES AND BOUNDS PROPERTY,
BY FEE SIMPLE DEED FROM HARRIET E. MILLER, WIDOWED AS SET FORTH IN DEED BOOK 118, PAGE 36 DATED
01/30/1995 AND RECORDED 01/30/1995. CUMBERLAND COUNTY RECORDS. COMMONWEALTH OF PENNSYLVANIA.
Page 4
EXHIBIT A
ACT 91 NOTICE
DATE OF NOTICE: May 21, 2003
TAKE ACTION TO SAVE YOUR
HOME FROM FORECLOSURE
This is an official notice that 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 HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be
able to help to save your home. This Notice explains how the pro,ram works.
To see if HEMAP 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 imvaired
hearing 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 any attorney in your area. The local bar association may be able
to help you find a lawyer.
La notificacion en adjunto es de suma importancia, pues afecta su derecho a continuar
viviendo en su casa. Si no comprende el contenido de esta notification obtenga una traduccion
immediatarnente llamanda esta agencia (Pennsylvania Housing Finance Agency) sin cargos al
numero mencionada 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 hipoteca.
Prepared by: GOLDBECK McCAFFERTY & McKEEVER
Suite 500 - The Bourse Bldg.
111 S. Independence Mall East
Philadelphia, PA 19106
Fax (2151} 627-7734
71613 3901 984~ 4L:q~4 2923
IBIS:
7~ ~1~4 4~4 ~
Date: May 21, 2003
Homeowners Name: ROBERT F. WAGNER III and CHARLENE R. WAGNER
Property Address: 1855 Walnut Bottom Road, Newville, PA 17241
Loan Account No.: 2000510284026
Original Lender: CITIFINANCIAL SERVICES INC. F/K/A COMMERCIAL CREDIT PLAN
CDC
Current Lender/Servicer: CITIFINANCIAL SERVICES INC.
HOMEOWNERS'
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
CONTROL,
* 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 your 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 designated 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 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
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.
APPLICATION 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 lend~r, 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 fact-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 IMMEDIATELY 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 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 your application.
NOTE: IF YOU .ARE CURRENTLY' PROTECTED. BY THE"FILING:OF ~ -PETITION
IN BA3!.IgR. U~i-T...~E..F~. L!~O~ I~P~R.T..".O~.!~.:O~'FICF,.!S:~..R..': i: '. :.
om ¥ sl¥otmn, ii . CONSm } ns-
· : , ":..- ' ."... -.. -'":
HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date).
NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property
located at: 1855 Walnut Bottom Road, Newville, PA 17241 IS SERIOUSLY IN DEFAULT because:
A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following
months and the following amounts are now past due:
(~) Monthly payment from 11/02/2002 thru 5/21/2003
(7 mos. at $639.88/month) $4,479.16
(b) Late charges due $225.00
TOTAL AMOUNT REQUIRED AS OF THIS DATE
$4,704.16
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 $ 4,704.16, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME
DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cashier's check,
certified check or money order made payable and sent to:
CITIFINANCIAL SERVICES INC.
7467 New Ridge Road
Suite 222
Hanover, MD 21076
IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default
within THIRTY (30) DAYS of the date of this 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 attorneys to start legal action to foreclose upon your mortgaged property..
IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the
Sheriffto pay offthe mortgage debt. If the lender refers your case to its attorneys, but you cure the
delinquency before the lender brings 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 paying the total amount then past due, plus any late or other charges then due,
reasonable attorney's fees and costs couneeted 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.
4
I~ARLIEST 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 four (4) to six (6)
months from the date of this Notice. A notice of the actual date of the Sheriff's 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 by contacting the
lender.
HOW TO CONTACT THE LENDER:
Name of Lender: CITIFINANCIAL SERVICES INC.
Address: 7467 New Ridge Road
Suite 222
Hanover, MD 21076
Phone Number: 410-689-1669
Fax Number: 410-689-1610
Contact Person: Jana Gantt
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
Sheriff's 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 sell or transfer your 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.
BEHALF.
TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR
* 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 UNDER THE FEDERAL BANKRUPTCY LAW.
Contact Person: Jana Gantt
Phone Number: 410-689-1669
PENNSYLVANIA HOUSING FINANCE AGENCY
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
CONSUMER CREDIT COUNSELING AGENCIES
CUMBERI,AND COUNTY
CCCS OF WESTERN PENNSYLVANIA INC.
2000 Linglestown Road
Harrisburg, PA 17102
(717) 541-1757
URBAN LEAGUE OF METROPOLITAN HARRISBURG
2107 N. 6th Street
Harrisburg, PA 17101
(717) 234-5925
FAX (717) 234-9459
COMMUNITY ACTION COMM OF THE CAPITAL REGION
1514 Derry Slxeet
Harrisburg, PA 17104
(717) 232-9757
FAX 234-2227
FINANCIAL COLrNSELING SERVICES OF FRANKLIN
31 West 3rd Street
Waynesboro, PA 17268
(717) 762-3285
YWCA OF CARLISLE
301 G Street
Carlisle, PA 17013
(717) 243-3818
FAX (717) 731-9589
ADAMS COUNTY HOUSING AUTHORITY
139443 Carlisle S~:eet
Gettysburg, PA 17325
(717) 334-1518
FAX (717) 334-8326
SHERIFF'S RETURN -
CASE NO: 2003-03021 P
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
CITIFINANCIAL SERVICES INC FKA
VS
WAGNER ROBERT F III ET AL
NOT SERVED
R. Thomas Kline , Sheriff
according to law, says, that he made a diligent
the within named DEFENDANT , to wit:
WAGNER ROBERT F III
unable to locate Him in his bailiwick.
COMPLAINT - MORT FORE
who being duly sworn
search and inquiry for
but was
He therefore returns the
the within named DEFENDANT
NOT SERVED , as to
WAGNER ROBERT F III
1855 WALNUT BOTTOM ROAD
NEWVILLE, PA 17241
SERVICE STOPPED PER FAX FROM ATTORNEY.
Sheriff's Costs:
Docketing 18.00
Service 10.35
Affidavit .00
Surcharge 10.00
.00
38.35
," R[ Thomas Kli~-e
Sheriff of Cumberland County
GOLDBECK MCCAFFERTY MCKEEVER
07/01/2003
Sworn and subscribed to before me
this [~ day of~,~
Prothonotary
SHERIFF'S RETURN -
CASE NO: 2003-03021 P
COMMONWEALTH OF PENNSYLVAiqIA
COIINTY OF CUMBERLAND
CITIFINANCIAL SERVICES INC FKA
VS
WAGNER ROBERT F III ET AL
NOT SERVED
R. Thomas Kline , Sheriff ,
according to law, says, that he made a diligent
the within named DEFENDD/qT to wit:
WAGNER CHARLENE R
unable to locate Her in his bailiwick. He
COMPLAINT - MORT FORE
who being duly sworn
search and inquiry for
but was
therefore returns the
the within named DEFENDANT
NOT SERVED , as to
WAGNER CHARLENE R
1855 WALNUT BOTTOM ROAD
NEWVILLE, PA 17241
SERVICE STOPPED PER FAX FROM ATTORNEY.
Sheriff's Costs:
Docketing 6.00
Service .00
Affidavit .00
Surcharge 10.00
.00
16.00
r R. Thomas Kline
Sheriff of Cumberland County
GOLDBECK MCCAFFERTY MCKEEVER
07/01/2003
Sworn and subscribed to before me
this ~ ~ day ofq~
Prothonotary
GOLDBECK McCAFFERTY &
McKEEVER
BY: JOSEPH A. GOLDBECK, JR.
ATTORNEY I.D. #16132
SUITE 500 - THE BOURSE BLDG.
111 S. INDEPENDENCE MALL EAST
PHILADELPHIA, PA 19106
(215) 627-1322
ATTORNEY FOR PLAINTIFF
CITIFINANCIAL SERVICES INC. F/IGA
COMMERCIAL CREDIT PLAN CDC
7467 New Ridge Road
Suite 222
Hanover, MD 21076
Plaintiff
VS.
ROBERT F. WAGNER III
CHARLENE R. WAGNER
1855 Walnut Bottom Road
Newville, PA 17241
Defendant(s)
IN THE COURT OF COMMON PLEAS
OF Cumberland COUNTY
CIVIL ACTION - LAW
ACTION OF MORTGAGE
FORECLOSURE
Term
No. 03-3021
PRAECIPE TO REINSTATE COMPLAINT
Kindly reinstate the Complaint in the above captioned matter.
GOLDBECK, McCAFFERTY & McKEEVER
By Joseph A. Goldbeck, Jr., Esq.
Attorney for
Plaintiff
SHERIFF'S RETURN -
CASE NO: 2003-03021 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CITIFINANCIAL SERVICES INC FKA
VS
WAGNER ROBERT F III ET AL
REGULAR
KENNETH GOSSERT ,
Cumberland County, Pennsylvania,
says, the within COMPLAINT - MORT FORE
WAGNER ROBERT F III
DEFENDANT , at 1952:00 HOURS,
at 12 PARK AVENUE
MT HOLLY SPRINGS, PA 17065
ROBERT F WAGNER III
a true and attested copy of COMPLAINT
Sheriff or Deputy Sheriff of
who being duly sworn according to law,
was served upon
the
on the 29th day of September,
by handing to
together with
- MORT FORE
2003
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 8.28
Affidavit o00
Surcharge 10.00
.00
36.28
Sworn and Subscribed to before
me this /~f~ day of
(~) tt~.. ~2 ~t~J A.D.
o nonotary
So Answers:
R. Thomas Kline
10/08/2003
GOLDBECK MCCAFFERTY MCKEEVER
By:
SHERIFF'S RETURN
CASE NO: 2003-03021 P
COMMONTWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
NOT FOUND
CITIFINANCIAL SERVICES INC FKA
VS
WAGNER ROBERT F III ET AL
R. Thomas Kline
duly sworn according to law,
inquiry for the within named DEFENDANT
WAGNER CHARLENE R
unable to locate Her
COMPLAINT - MORT FORE
,Sheriff or Deputy Sheriff, who being
says, that he made a diligent search and
in his bailiwick.
but was
He therefore returns the
the within named DEFENDANT
1855 WALNUT BOTTOM ROAD
NEWVILLE, PA 17241
, NOT FOUND ,
WAGNER CHARLENE R
SERVICE WAS ATTEMPTED AT BOTH 1855 WALNUT BOTTOM ROAD AND
2 EAST MAIN STREET.
Sheriff's Costs:
Docketing 6.00
Service 4.14
Not Found 5.00
Surcharge 10.00
.00
25.14
as to
So answers.
Sheriff of Cumberland County
GOLDBECK MCCAFFERTY MCKEEVER
10/08/2003
Sworn and subscribed to before me
this /o~ day of ~ ~
A.D.
~onotary ~
GOLDBECK McCAFFERTY & McKEEVER
JOSEPH A. GOLDBECK, JR.
Attorney I.D.#16132
Suite 5000 - Mellon Independence Center
701 Market Street
Philadelphia, PA 19106-1532
215-627-1322
BY: Kristina G. Murtha, Esq.
Attorney I.D.#61858
Attorney for Plaintiff
CITIFINANCIAL SERVICES INC.
COMMERCIAL CREDIT PLAN CDC
7467 New Ridge Road
Suite 222
Hanover, MD 21076
Vs.
F/K/A
ROBERT F. WAGNER III and CHARLENE R.
WAGNER
1855 Walnut Bottom Road
Newville, PA 17241
IN THE COURT OF COMMON PLEAS
.DF Cumberland COUNTY
No. 03-3021
THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO
COLLECT A DBBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU
WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT.
MOTION FOR SUBSTITUTED SERVICE
UNDER PA.R.C.P. 430(a)
Plaintiff, by and through its attorney, Kristina G. Murtha,
Esq., in support of its Motion for Substituted Service, represents as
follows:
1. Plaintiff is the holder of a first mortgage upon the
premises 1855 Walnut Bottom Road, Newville, PA, 17241, hereinafter, the
"mortgaged premises".
2. Defendant(s), ROBERT F. WAGNER III and CHARLENE R. WAGNER,
is/are the mortgagor and real owner of the mortgaged premises.
3. The last known address of Defendant Charlene R. Wagner is 2
E. Main Street, Plainfield, PA 17801.
4. The Sheriff has been unable to effect service of the
Complaint upon Defendant Charlene R. Wagner at her last known address
despite his attempt at both known addresses for the defendant.
5. The following investigation was conducted in a good faith
attempt to ascertain the whereabouts of Defendant Charlene R. Wagner.
WHEREFORE, Plaintiff prays that the Court enter the attached
order allowing Plaintiff to serve the Complaint upon Defendant Charlene
R. Wagner by posting the premises and certified and regular mail to the
BY: Kristina ~urtha, Esq.
Defendants' last known address.
~OLDBECK McCAFFERTY & McKEEVER
JOSEPH A. GOLDBECK, JR.
Attorney I.D.#16132
Suite 5000 - Mellon Independence Center
701 Market Street
Philadelphia, PA 19106-1532
215-627-1322
BY: Kristina G. Murtha, Esq.
Attorney I.D.#61858
Attorney for Plaintiff
CITIFINANCIAL SERVICES INC. F/K/A
COMMERCIAL CREDIT PLAN CDC
7467 New Ridge Road
Suite 222
Hanover, MD 21076
vs.
ROBERT F. WAGNER III and CHARLENE R.
WAGNER
1855 Walnut Bottom Road
Newville, PA 17241
VERIFICATION
IN THE COURT OF COMMON PLEAS
OF Cumberland COUNTY
No. 03-3021
I, Kristina G. Murtha, Esq., Attorney for Petitioner do hereby
verify that the facts set forth in the foregoing Motion for Substituted
Service are true and correct to the best of my knowledge, information
and belief. I understand that false statements therein are made
subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn
BY: Kristina~'.Murtha, Esq.
falsification to authorities.
~OLDBECK McCAFFERTY & McKEEVER
JOSEPH A. GOLDBECK, JR.
Attorney I.D.#16132
Suite 5000 - Mellon Independence Center
701 Market Street
Philadelphia, PA 19106-1532
215-627-1322
BY: Kristina G. Murtha, Esq.
Attorney I.D.#61858
Attorney for Plaintiff
CITIFINANCIAL SERVICES INC.
COMMERCIAL CREDIT PLAN CDC
7467 New Ridge Road
Suite 222
Hanover, MD 21076"
F/K/A
vs.
ROBERT F. WAGNER III and CHARLENE R.
WAGNER
1855 Walnut Bottom Road
Newville, PA 17241
IN THE COURT OF COMMON PLEAS
OF Cumberland COUNTY
No. 03-3021
MEMORANDUM OF LAW IN SUPPORT OF MOTION
FOR SUBSTITUTED SERVICE UNDER Pa.R.C.P. 430(a)
Plaintiff has filed a Complaint in Mortgage Foreclosure
against Defendant Charlene R. Wagner, which the Sheriff has been unable
to personally serve upon Defendant Charlene R. Wagner. As noted in the
attached Motion, Plaintiff has made a good faith attempt to ascertain
Defendants' whereabouts without success. Accordingly, the Court may
approve alternative means of service. See Pa.R.C.P. 430(a).
CONCLUSION
For reasons stated above and in the attached Motion, the
Court should enter an order allowing Plaintiff to serve the Complaint
in Mortgage Foreclosure upon Defendant(s) by posting the premises and
certified mail and regular mail to the Defendants' last known address.
PLAYERS NATIONAL LOCATOR
AFFIDAVIT OF GOOD FAITH INVESTIGATION
Loan Number:
Attorney Firm:
Case Number:
Subject:
A.K.A.:
Property Address:
Last Known Address:
Last Known Number:
ACD-1903
GOLDBECK, MCCAFFERTY & MCKEEVER
Charlene R Wagner
Charlene R RItchie
1855 Walnut Bottom Road
Newville, Pa 17241
2 E Main Street 2nd floor
Plainfield, PA 17081
()
Melissa Kozma, being duly sworn according to law, deposes and says:
1. I am employed in the capacity of Location Specialist for Players National Lc,cator.
2. On 10/20/2003, I conducted an investigation into the whereabouts of the above named
defendant(s). The results of my investigation are as follows:
CREDIT INFORMATION -
A. SOCIAL SECURITY NUMBER(S):
B.
EMPLOYMENT SEARCH:
We were unable to verify current employment for Charlene R Wagner.
INQUIRY OF CREDITORS:
Creditors indicated the last reported address for Charlene R Wagner Is 2 E Main Street 2nd,
Plainfield, PA 17081 with no valid home number.
INQUIRY OF TELEPHONE COMPANY -
A. DIRECTORY ASSISTANCE SEARCH:
Directory assistance had no listing for. Charlene R Wagner. We called (717) 776-6594 and spoke
with a relative who stated Charlene R Wagner is living at 2 E Main Street 2nd, Plainfield, PA
17081.
INQUIRY OF NEIGHBORS -
NIA
INQUIRY OF POST OFFICE -
A. NATIONAL ADDRESS UPDATE:
As of October 16, 2003 the National Change of Address (NCOA) has no change for Charlene R
Wagner from 2 E Main Street 2nd, Plainfield, PA 17081. We were unable to verify this address is
a valid address with the Post Office.
MOTOR VEHICLE REGISTRATION -
A. MOTOR VEHICLE & DMV OFFICE:
We were unable to verify current drivers license information.
OTHER INQUIRIES -
A. DEATH RECORDS:
As of October 16, 2003 the Social Security Administration has no death record on file for Charlene
R Wagner and/or A.K.A's under the social security number provided.
PUBLIC LICENSES ( PILOT, REAL ESTATE, ETC. ):
None Found.
C. COUNTY VOTER REGISTRATION:
The Cumberland County Voters Registration Office does not have a listing.
OTHER SEARCHES -
The social security number(s) provided have been verified.
ADDITIONAL INFORMATION ON SUBJECT - A. DATE OF BIRTH:
// // . //
Subscri[ d.a'ndsworn/fCbeforem, e'or710~0/2003 .// l ~,K~ri.s,~[n~er.M~;,S.:::ott, NetaryPublic
/ t/ / Players National Locator 174 Clarkson Road, Suite 225'~ St. Louis, MO 6301
/ Phone: (636) 230-9922 Fax: (636) 230-0558
SHERIFF'S RETURN
CASE NO: 2003-03021 P
COMMONTWEALTH OF PENNSYLVANIA
'COUNTY OF CUMBERLAND
- NOT !FOUND
CITIFINANCIAL SERVICES INC FKA
VS
WAGNER ROBERT F III ET AL
R. Thomas Kline
duly sworn according to law,
inquiry for the within named DEFENDANT
WAGNER CHARLENE R
,Sheriff or Deputy Sheriff, who being
says, that he made a diligent search and
unable to locate Her in his bailiwick.
but was
He therefore returns the
COMPLAINT - MORT FORE ,
, NOT FOUND , as to
the within named DEFENDANT
, WAGNER CHARLENE R
1855 WALNUT BOTTOM ROAD
NEWVILLE, PA 17241
SERVICE WAS ATTEMPTED AT BOTH 1855 WALNUT BOTTOM ROAD AiqD
2 EAST MAIN STREET.
Sheriff's Costs:
Docketing
Service
Not Found
Surcharge
6 00
4 14
5 00
10 00
00
25 14
So answers~ / ~/--~
~ ~ R. Thomas Kline
Sheriff of Curaberland County
GOLDBECK MCCAFFERTY MCKEkVER
10/08/2003
Sworn and subscribed to before me
this day of
Prothonotary
~OLDBECKMcCAFFERTY & McKREVER
JOSEPH A. GOLDBECK, JR.
Attorney I.D.#16132
Suite 5000 - Mellon Independence Center
701 Market Street
Philadelphia, PA 19106-1532
215-627-1322
BY: Kristina G. Murtha, Esq.
Attorney I.D.#61858
Attorney for Plaintiff
CITIFINANCIAL SERVICES INC.
COMMERCIAL CREDIT PLAN CDC
7467 New Ridge Road
Suite 222
Hanover, MD 21076
vs.
ROBERT F. WAGNER III
CHARLENE R. WAGNER
1855 Walnut Bottom Road
Newville, PA 17241
F/K/A
IN THE COURT OF COMMON PLEAS
of Cumberland County
No. 03-3021
CERTIFICATE OF SERVICE
Kristina G. Murtha, Esq., does hereby certify that true
and correct copies of the foregoing Motion for Substituted Service have
been served upon the Defendant Charlene R. Wagner this 3rd day of
November, 2003, by first class mail, postage prepaid.
BY: KristSn~. Murtha, Esq.
CITIFINANCIAL SERVICES
INC., F/K/A COMMERCIAL
CREDIT PLAN CDC,
Plaintiff
ROBERT F. WAGNER, III and
CHARLENE R. WAGNER,
Defendant
AND NOW, this 12t~
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 03-3021 CIVIL TERM
ORDER OF COURT
day of November, 2002, upon consideration of Plaintiff's
Motion for Substituted Service under Pa. R.C.P. 430(a), it is ordered and directed that
Plaintiff may serve the complaint on Defendant Charlene R. Wagner, by (1) mailing a
true and correct copy of the complaint by certified mail and regular mail to Defendant's
last known address and the mortgaged premises at 1855 Walnut Bottom Road, Newville,
PA 17241, (2) publication once in the Cumberland Law Journal and in a newspaper of
general circulation in Cumberland County, Pennsylvania, and (3) posting the mortgaged
premises. Service by mail will be deemed complete upon ~nailing.
BY THE COURT,
~OLDBECK McCAFFERTY & McKEEVER
JOSEPH A. GOLDBECK, JR.
Attorney I.D.#16132
Suite 5000 - Mellon Independence Center
701 Market Street
Philadelphia, PA 19106-1532
215-627-1322
BY: Kristina G. Murtha, Esq.
Attorney I.D.#61858
Attorney for Plaintiff
/
CITIFINANCIAL SERVICES INC. F/K/A
COMMERCIAL CREDIT PLAN CDC
7467 New Ridge Road
Suite 222
Hanover, MD 21076
vs.
ROBERT F. WAGNER III and CHARLENE R.
WAGNER
1855 Walnut Bottom Road
Newville, PA 17241
ORDER
IN THE COURT OF COMMON PLEAS
OF Cumberland COUNTY
03-3021
~ NOW, this day of 2003, upon
consideration of the Plaintiff,s Motion for Substituted Service under
Pa.R.C.P. 430(a) and it appearing to the Court that Plaintiff's good
faith efforts to ascertain the present whereabouts of Defendant
Charlene R. Wagner has been unsuccessful, it is,
ORDERED and DECREED:
that Plaintiff's Motion is granted and the Sheriff and/or
Plaintiff is directed to Serve the Complaint in Mortgage Foreclosure
upon Defendant Charlene R. Wagner by posting a copy of the Complaint
upon the premises 1855 Walnut Bottom Road, Newville, PA, 17241, and
Plaintiff is directed to serve the Complaint by certified and regular
mail to the Defendants' last known address at 2 E. Main Street 2nd
Floor, Plainfield, PA 17081 and that all further service of legal
papers, including but not limited to motions, petitions and rules be
made by certified and regular mail to Defendants' last known address
and that Notice of Sheriff Sale pursuant to Pennsylvania Rule of Civil
Procedure 3129 may be made upon Defendant Charlene R. Wagner by sending
copies of same to Defendants' last known address by certified and
regular mail and by posting the premises.
BY THE COURT:
~OLDBECK McCAFFERTY & McKEEVER
JOSEPH A. GOLDBECK, JR.
Attorney I.D.#16132
Suite 5000 - Mellon Independence Center
701 Market Street
Philadelphia, PA 19106-1532
215-627-1322
BY: Kristina G. Murtha, Esq.
Attorney I.D.#61858
Attorney for Plaintiff
CITIFINANCIAL SERVICES INC.
COMMERCIAL CREDIT PLAN CDC
7467 New Ridge Road
Suite 222
Hanover, MD 21076
VS.
F/K/A
ROBERT F. WAGNER III and CHARLENE R.
WAGNER
1855 Walnut Bottom Road
Newville, PA 17241
IN THE COURT OF COMMON PLEAS
OF Cumberland COUNTY
No. 03-3021
THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO
COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINBD FROM YOU
WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT.
MOTION FOR SUBSTITUTED SERVICE
UNDER PA.R.C.P. 430(a)
Plaintiff, by and through its attorney, Kristina G. Murtha,
Esq., in support of its Motion for Substituted Service, represents as
follows:
1. Plaintiff is the holder of a first mortgage upon the
premises 1855 Walnut Bottom Road, Newville, PA., 17241, hereinafter, the
"mortgaged premises,,.
2. Defendant(s), ROBERT F. WAGNER III and CHARLENE R. WAGNER,
is/are the mortgagor and real owner of the mortgaged premises.
3. The last known address of Defendant Charlene R. Wagner is 2
E. Main Street, Plainfield, PA 17801.
4. The Sheriff has been unable to effect service of the
Complaint upon Defendant Charlene R. Wagner at her last known address
despite his attempt at both known addresses for the defendant.
5. The following investigation was conducted in a good faith
attempt to ascertain the whereabouts of Defendant Charlene R. Wagner.
WHEREFORE, Plaintiff prays that the Court enter the attached
order allowing Plaintiff to serve the Complaint upon Defendant Charlene
R. Wagner by posting the premises and certified and regular mail to the
Defendants, last known address.
BY: Kristina .~irtha, Esq.
GOLDBECK McCAFFERTY & McKEEVER
JOSEPH A. GOLDBECK, JR.
Attorney I.D.#16132
Suite 5000 - Mellon Independence Center
701 Market Street
Philadelphia, PA 19106-1532
215-627-1322
BY: Kristina G. Murtha, Esq.
Attorney I.D.#61858
Attorney for Plaintiff
CITIFINANCIAL SERVICES INC.
COMMERCIAL CREDIT PLAN CDC
7467 New Ridge Road
Suite 222
Hanover, MD 21076
F/K/A
vs.
ROBERT F. WAGNER III and CHARLENE R.
WAGNER
1855 Walnut Bottom Road
Newville, PA 17241
VERIFICATION
IN THE COURT OF COMMON PLEAS
OF Cumberland COUNTY
No. 03-3021
I, Kristina G. Murtha, Esq., Attorney for Petitioner do hereby
verify that the facts set forth in the foregoing Motion for Substituted
Service are true and correct to the best of my knowledge, information
and belief. I understand that false statements therein are made
subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn
falsification to authorities.
BY: Kristina~'. Murtha, Esq.
~OLDBECK McCAFFERTY & McKEEVER
JOSEPH A. GOLDBECK, JR.
Attorney I.D.#16132
Suite 5000 - Mellon Independence Center
701 Market Street
Philadelphia, PA 19106-1532
215-627-1322
BY: Kristina G. Murtha, Esq.
Attorney I.D.#61858
Attorney for Plaintiff
CITIFINA_NCIAL SERVICES INC.
COMMERCIAL CREDIT PLAN CDC
7467 New Ridge Road
Suite 222
Hanover, MD 21076',
F/K/A
vs.
ROBERT F. WAGNER III and CHARLENE R.
WAGNER
1855 Walnut Bottom Road
Newville, PA 17241
IN THE COURT OF COMMON PLEAS
OF Cumberland COUNTY
No. 03-3021
MEMORARDUMOF LAW IN SUPPORT OF MOTION
FOR SUBSTITUTED SERVICE UNDER Pa.R.C.P. 430(a)
Plaintiff has filed a Complaint in Mortgage Foreclosure
against Defendant Charlene R. Wagner, which the Sheriff has been unable
to personally serve upon Defendant Charlene R. Wagner. As noted in the
attached Motion, Plaintiff has made a good faith attempt to ascertain
Defendants, whereabouts without success. Accordingly, the Court may
approve alternative means of service. See Pa.R.C.P. 430(a).
CONCLUSION
For reasons stated above and in the attached Motion, the
Court should enter an order allowing Plaintiff to serve the Complaint
in Mortgage Foreclosure upon Defendant(s} by posting the premises and
certified mail and regular mail to the Defendants, last known address.
PLAYERS NATIONAL LOCATOR
AFFIDAVIT OF GOOD FAITH INVESTIGATION
Loan Number: ACD-1903
Attorney Firm: GOLDBECK, MCCAFFERTY & MCKEEVER
Case Number:
Subject: Charlene R Wagner
A.K.A.: Charlene R Ritchle
Property Address: 1855 Walnut Bottom Road
Newvllle, Pa 17241
Last Known Address: 2 E Main Street 2nd floor
Plainfield, PA 17081
Last Known Number: ( )
Melissa Kozma, being duly sworn according to law, deposes and says:
1. I am employed in the capacity of Location Specialist for Players National Locator.
2. On 10/20/2003, I conducted an investigation into the whereabouts of the above named
defendant(s). The results of my investigation are as follows:
CREDIT INFORMATION - A. SOCIAL SECURITY NUMBER(S): - -
B. EMPLOYMENT SEARCH:
We were unable to verify current employment for Charlene R Wagner.
C. INQUIRY OF CREDITORS:
Creditors indicated the last reported address for Charlene R Wagner is 2 E Main Street 2nd,
Plainfield, PA 17081 with no valid home number.
INQUIRY OF TELEPHONE COMPANY -
A. DIRECTORY ASSISTANCE SEARCH:
Directory assistance had no listing for Charlene R Wagner. We called (717) 776-6594 and spoke
with a relative who stated Charlene R Wagner is living at 2 E Main Street 2nd, Plainfield, PA
17081.
INQUIRY OF NEIGHBORS -
NIA
INQUIRY OF POST OFFICE -
A. NATIONAL ADDRESS UPDATE:
AS of October 16, 2003 the National Change of Address (NCOA) has no change for Charlene R
Wagner from 2 E Main Street 2nd, Plainfield, PA 17081. We were unable to verify this address is
a valid address with the Post Office.
MOTOR VEHICLE REGISTRATION -
A. MOTOR VEHICLE & DMV OFFICE:
We were unable to verify current drivers license information.
OTHER INQUIRIES -
A. DEATH RECORDS:
As of October 16, 2003 the Social Security Administration has no death record on file for Charlene
R Wagner and/or A.K.A's under the social security number provided.
B. PUBLIC LICENSES ( PILOT, REAL ESTATE, ETC, ):
None Found,
C. COUNTY VOTER REGISTRATION:
The Cumberland County Voters Registration Office does not have a listing.
OTHER SEARCHES -
The social security number(e) provided have been verified.
ADDITIONAL INFORMATION ON SUBJECT- A. DATE OF BIRTH:
Subscril d~d swo rn~before rr]~o~lO~/2003
Players National Locator 174 Clarkson Road, Suite 225 St. Louis, MO 63011
Phone: (636) 230-9922 Fax: (636) 230-0558
SH~JRiFF' S RETURN - NOT FOI/N-D
CAsE NO: 2003-03021 p
COMMONTWEALTH OF PENNSYLVANIA
'COUNTY OF CUMBERLAND
CITIFINANCIAL SERVICES INC FKA
VS
WAGNER ROBERT F III ET AL
R. Thomas Kline
duly sworn according to law,
inquiry for the within named DEFENDANT
WAGNER CHARLENE R
,Sheriff or Deputy Sheriff, who being
says, that he made a diligent search and
unable to locate Her in his bailiwick.
COMPLAINT - MORT FORE ,
but was
He therefore returns the
, NOT FOIIND , as to
the within named DEFENDANT
, WAGNER CHARLENE R
1855 WALNUT BOTTOM ROAD
NEWVILLE, PA 17241
SERVICE WAS ATTEMPTED AT BOTH 1855 WALNUT BOTTOM ROAD AND
2 EAST MAIN STREET.
Sheriff's Costs:
Docketing 6.00
Service 4.14
Not Found 5.00
Surcharge 10.00
.00
25.14
answers z-~
/ ' R. Thomas Kline
Sheriff of Cumberland County
GOLDBECK MCCAFFERTY MCKEkVER
10/08/2003
Sworn and subscribed to before me
this day of
A.D.
Prothonotary
~OLDBECKMcCAFFERTY & McKEEVER
JOSEPH A. GOLDBECK, JR.
Attorney I.D.#16132
Suite 5000 - Mellon Independence Center
701 Market Street
Philadelphia, PA 19106-1532
215-627-1322
BY: Kristina G. Murtha, Esq.
Attorney I.D.#61858
Attorney for Plaintiff
CITIFINANCIAL SERVICES INC. F/K/A
COMMERCIAL CREDIT PLAN CDC
7467 New Ridge Road
Suite 222
Hanover, MD 21076
VS.
ROBERT F. WAGNER III
CHARLENE R. WAGNER
1855 Walnut Bottom Road
Newville, PA 17241
IN THE COURT OF COMMON PLEAS
of Cumberland County
No. 03-3021
CERTIFICATE OF SERVICE
Kristina G. Murtha, Esq., does hereby certify that true
and correct copies of the foregoing Motion for Substituted Service have
been served upon the Defendant Charlene R. Wagner this 3rd day of
November, 2003, by first class mail, postage prepaid.
BY: Krist Murtha, Esq.
~OLDBECK McCAFFERTY & McKEEVER
JOSEPH A. GOLDBECK, JR.
Attorney I.D.#16132
Suite 5000 - Mellon Independence Center
701 Market Street
Philadelphia, PA 19106-1532
215-627-1322
BY: Kristina G. Murtha, Esq.
Attorney I.D.#61858
Attorney for Plaintiff
NOV 0 '7 2003
CITIFINANCIAL SERVICES INC. F/K/A
COMMERCIAL CREDIT PLAN CDC
7467 New Ridge Road
Suite 222
Hanover, MD 21076
VS.
ROBERT F. WAGNER III and CHARLENE R.
WAGNER
1855 Walnut Bottom Road
Newville, PA 17241
ORDER
IN THE COURT OF COMMON PLEAS
OF Cumberland COUNTY
03-3021
AND NOW, this day of 2003, upon
consideration of the Plaintiff's Motion for Substituted Service under
Pa.R.C.P. 430(a) and it appearing to the Court that Plaintiff's good
faith efforts to ascertain the present whereabouts of Defendant
Charlene R. Wagner has been unsuccessful, it is,
ORDERED and DECREED:
that Plaintiff,s Motion is granted and the: Sheriff and/or
Plaintiff is directed to Serve the Complaint in. Mortgage Foreclosure
upon Defendant Charlene R. Wagner by posting a copy of the Complaint
upon the premises 1855 Walnut Bottom Road, Newville, PA, 17241, and
Plaintiff is directed to serve the Complaint by certified and regular
mail to the Defendants, last known address at 2 E. Main Street 2nd
Floor, Plainfield, PA 17081 and that all further service of legal
papers, including but not limited to motions, petitions and rules be
made by certified and regular mail to Defendants' last known address
and that Notice of Sheriff Sale pursuant to Pennsylvania Rule of Civil
Procedure 3129 may be made upon Defendant Charlene R. Wagner by sending
copies of same to Defendants, last known address by certified and
regular mail and by posting the premises.
BY THE COURT:
Jo
GOLDBECK McCAFFERTY & McKEEVER
BY: JOSEPH A. GOLDBECK, JR.
ATTORNEY I.D. #16132
SUITE 5000 - MELLON INDEPENDENCE CENTER
701 MARKET STREET
PHILADELPHIA, PA 19106-1532
(215) 627-1322
ATTORNEY FOR PLAINTIFF
CITIFINANCIAL SERVICES INC. F/K/A
COMMERCIAL CREDIT PLAN CDC
7467 New Ridge Road
Suite 222
Hanover, MD 21076
Plaintiff
VS.
ROBERT F. WAGNER IH
CHARLENE R. WAGNER
1855 Walnut Bottom Road
Newville, PA 17241
Defendant(s)
IN THE COURT OF COMMON PLEAS
OF Cumberland COUNTY
CIVIL ACTION - LAW
ACTION OF MORTGAGE FORECLOSURE
Term
No. 03-3021
PRAECIPE TO REINSTATE COMPLAINT
Kindly reinstate the Complaint in the above captioned matter.
GOLDBECK, McCAFFERTY & McKEEVER
By Joseph A. Goldbeck, Jr., Esq.
Attorney for Plaintiff
GOLDBECK McCAFFERTY & McKEEVER
BY: JOSEPH A. GOLDBECK, JR.
ATTORNEY I.D. #16132
SUITE 5000 - MELLON INDEPENDENCE CENTER
701 MARKET STREET
PHILADELPHIA, PA 19106-1532
(215) 627-1322
ATTORNEY FOR PLAINTIFF
CITIFINANCIAL SERVICES 1NC. F/K/A
COMMERCIAL CREDIT PLAN CDC
7467 New Ridge Road
Suite 222
Hanover, MD 21076
VS.
ROBERT F. WAGNER III and CHARLENE R.
WAGNER
Mortgagor(s)
1855 Walnut Bottom Road
Newville, PA 17241
Defendant(s)
IN THE COURT OF COMMON
PLEAS
OF Cumberland COUNTY
CiVIL ACTION - LAW
ACTION OF MORTGAGE
FORECLOSURE
Ternl
No. 03-3021
CERTIFICATE OF SERVICE
JOSEPH A. GOLDBECK, JR. ESQUIRE hereby certifies that on 12 Il ]tM.~
he did serve upon Defendant(s) CHARLENE R. WAGNER a tree and correct copy of the above-
captioned Complaint by certified and regular mail in accordance with the Court Order dated
NOVEMBER 12, 2003. The undersigned understands that the statements herein and subject to the
penalties provided by 18 P.S. Section 4904.
Respectfully submitted,
GOLDBECK McCAFFEi~TY & McKEEVER
BY: JOSEPH A. GOLDBECK, JR. ESQUIRE
SHERIFF'S RETURN - REGULAR
CASE NO: 2003-03021 P
COMMONWEALTH OF PENNSYLVANIA:
COI/NTY OF CUMBERLAND
CITIFIN~kNCIAL SERVICES INC FKA
VS
WAGNER ROBERT F III ET AL
ROBERT BITNER , Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE
WAGNER CHA~,LENE R
DEFENDANT , at 1705:00 HOURS, on the
at 1855 WALNUT BOTTOM ROAD
NEWVILLE, PA 17241
POSTED PROPERTY AT 1855 WALNUT BOTTOM ROAD NEWVILLE,
a true and attested copy of COMPLAINT - MORT FORE
was served upon
the
2nd day of December , __
2003
by handing to
PA
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs: So Answers:
Docksting 18.00
Service 6.90
Posting 6.00
Surcharge 10.00 R. Thomas Kline
.00
40.90 2/03/2003
GOLDBECK MCCAFFERTY MCKEEVER
Sworn and Subscribed to before
me this 9~ day of
~ , ~2~3--~ A.D.
/P~othonotary
GOLDBECK McCAFFERTY & McKEEVER
BY: Joseph A. Goldbeck, 3r.
Attorney T.D. #16132
Suite 5000 - Mellon l~ndependence Center
701 Market Street
Philadelphia, PA 19106-1532
215-627-1322
Attorney for Plaintiff
CI"iIFINANCIAL SERVICES INC. F/K/A COMMERCIAL
CREDI~ PLAN CDC
7467 New Ridge Road
Suite 222
Hanover, MD 21076
Plaintiff
VS,
ROBERT F. WAGNER III
CHARLENE R. WAGNER
(Nortga~r(s) and Record owner(s))
1855 Walnut Bottom Road
Newville, PA 17241
IN THE COURT OF COMMON PLEAS
of Cumberland County
No. 03-3021
PP~ECIPE TO DISCONTINUE AND END
TO THE PROTHONOTARY:
Kindly mark the above case Discontinued and Ended upon payment of
your costs only.
JOSEPH A. GOLDBECK, JR., ESQUIRE