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Home My WebLink About99-04782 L V J 3 ti Q 1 i i I? r ti, 4 R. J. MARZELLA & ASSOCIATES, P.C. BY: Robin J. Marzella, Esquire Pennsylvania Supreme Court I.D. No. 66856 3513 North Front Street Harrisburg, PA 17110 Attorneys for Plaintiffs, Telephone: (717) 234-7828 Barbara Wagner and Daniel Wagner a c s i m i l e: 17171234.6883 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BARBARA WAGNER and DANIEL WAGNER, her husband, Plaintiffs V. WILLIAM F. CARR, M.D., OBSTETRICS-GYNECOLOGY, INC.; CENTRAL PENNSYLVANIA OBSTETRICS-GYN ECOLOGY, INC., and HOLY SPIRIT HOSPITAL, Defendants DOCKET NO. 99 - 4784 CIVIL JURY TRIAL DEMANDED NOTICE TO DEFEND -MYOU 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 claim or relief requested by the Plaintiffs. You may lose money or property or other rights important to you. 4 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 (717) 249-3166 NOTICIA Le han demandado a usted en la torte. Si usted guiere defenderse de estas demandas expuestas en las paginas siguintes, usted tiene viente (20) dias de plaza al partir de la fecha de la demanda y la nontificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la carte en forma escrita sus defensas o sus objectiones a las demandas en contra de su p esona. Sea avisado que si usted no se defiende, la torte tomara medidas y puede entrar una orden contra usted sin previo aviso o notification y por cualquier queja o alivio que es pedido en la petition de demanda. Usted pueda perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTA. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA LFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PEUDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania (717) 249-3166 4 II R. J. MARZELLA & ASSOCIATES, P.C. BY: Robin J. Marzella, Esquire Pennsylvania Supreme Court I.D. No. 66856 3513 North Front Street Harrisburg, PA 17110 Attorneys for Plaintiffs, Telephone: (717) 234-7828 Barbara Wagner and Daniel Wagner Facsimile• !71712346883 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BARBARA WAGNER and DANIEL WAGNER, her husband, Plaintiffs V. WILLIAM F. CARR, M.D., OBSTETRICS-GYNECOLOGY, INC.; CENTRAL PENNSYLVANIA OBSTETRICS-GYNECOLOGY, INC., and HOLY SPIRIT HOSPITAL, Defendants : DOCKET NO. 99 - 4784 CIVIL JURY TRIAL DEMANDED PLAINTIFFS' FIRST AMENDED COMPLAINT 1. Plaintiffs, Barbara Wagner and Daniel Wagner are husband and wife who at all relevant times to this action resided in New Cumberland, Cumberland County, Pennsylvania. 2. At all relevant times herein, Defendant, William F. Carr, M.D. (hereinafter, "Defendant Carr"), an adult individual, was licensed to practice medicine in the Commonwealth of Pennsylvania and was engaged in the practice of obstetrics and gynecology in Camp Hill, Cumberland County, Pennsylvania. -1. - ...-.ash, 3. In 1997, Obstetrics-Gynecology, Inc. (hereinafter, "Defendant Ob-Gyn, Inc.") was a corporation with medical offices and facilities in Camp Hill, Cumberland County, Pennsylvania and provided obstetrical care through its agents, apparent agents, servants, and/or employees in Cumberland County, Pennsylvania. 4. In 1997, Central Pennsylvania Obstetrics-Gynecology, Inc. (hereinafter, "Defendant CPOG, Inc.") was a corporation with medical offices and facilities in Camp Hill, Cumberland County, Pennsylvania and provided obstetrical care through its agents, apparent agents, servants, and/or employees in Cumberland County, Pennsylvania. 5. At all relevant times herein, Defendant Carr was an agent, apparent agent, servant, and/or employee of Obstetrics-Gynecology, Inc. and/or Central Pennsylvania Obstetrics-Gynecology, Inc. 6. At all relevant times herein Defendant, Holy Spirit Hospital (hereinafter, "'Defendant HSH") was a corporate medical institution with offices and facilities in Camp Hill, Cumberland County, Pennsylvania, 7. At all relevant times herein Defendants Carr, all physicians, interns, residents, nurses, operating room staff and all other medical personnel were the agents, apparent agents, servants and/or employees of Defendant HSH and were acting within the scope of their employment when providing professional medical services to the Plaintiff, Barbara Wagner. 8. On September 25, 1997, Barbara Wagner was a 33-year-old female who went to Defendant Obstetrics-Gynecology, Inc. and/or Central Pennsylvania Obstetrics- Gynecology, Inc. and was evaluated by Defendant Carr as a referral patient for her annual Pap smear and pelvic exam. 9. The only medical problems Mrs. Wagner experienced were dyspareunia, heavy periods with some pain, and epileptic seizures. a, 2 10. At her visit with Defendant Carr, Mrs. Wagner expressed concern over her irregular periods, heavy bleeding and pain during ovulation. 11. During examination, Defendant Carr noted tenderness and thickening of I the "right" uterosacral ligament. 12. Defendant Carr suspected endometriosis and suggested laparoscopy to diagnose endometriosis, not treat, nor cure the problem. 13. Defendant Carr did not convey all of the risks and possible consequences that go along with the exploratory surgery, including but not limited to perforation of the bowel. 14. Based on the information that Defendant Carr provided about the laparoscopy, Mrs. Wagner agreed to have the aforementioned procedure performed by Defendant Carr. 15. On October 28, 1997, Mrs. Wagner underwent diagnostic laparoscopy and endothermal coagulation of suspected endometriosis implants on an outpatient basis on the premises of Defendant HSH. 16. Mrs. Wagner's bladder was catheterized and a weighted speculum was placed in the posterior vagina and the anterior lip of the cervix was grasped with 2 Allis clamps. 17. The uterus was sounded to 3 ',12 inches. 18. The Zuni uterine manipulation device was adjusted and placed into the uterus, the bulb was inflated, and the Allis clamps and speculum were removed from the vagina. 19. A stab incision was created approximately 3 cm above the symphysis pubis and the varus needle was then inserted into the peritoneal cavity. 20. Carbon dioxide gas was then used to insufflate the abdomen. 3 21. Two towel clamps were then placed along the umbilicus and the crescent shaped infraumbilical incision was created with a knife. 22. The 10 mm disposable trocar was then advanced into the peritoneal cavity and the laparoscope was then confirmed intraperitonal placement. 23. The suspected endometriosis implants in the left posterior cul-de-sac were coagulated with an endothermal device by Defendant Carr. 24. Unfortunately, Defendant Carr burned, injured and/or punctured Mrs. Wagner's bowel/rectum during the aforementioned procedure. 25. Thereafter, Defendant Carr failed to adequately inspect the operative field to ensure that there were no bowel or bladder injuries. 26. After the instruments were removed from the peritoneal cavity, the abdomen was deflated, the incisions were closed with #2-0 chromic with good hemostasis, and the Zuni device was removed from the vagina. 27. Defendant Carr's findings during the operation included normal ovaries and fallopian tubes and a "bulbous" uterus suggestive of possible underlying fibroids or endometriosis implants in the left posterior cul-de-sac. 28. Although Defendant Carr's pre-operative diagnosis of Mrs. Wagner's condition was endometriosis, a tissue sample was never sent to pathology, only a sample of peritoneal fluid. 29. No staging of the endometriosis was ever given nor was the diagnosis confirmed. 30. The peritoneal fluid showed no sign of malignant cells. 31. Following discharge from the hospital, Mrs. Wagner experienced abdominal pain. 4 32. On November 7, 1997, Mrs. Wagner had a follow-up appointment with Defendant Carr at Defendant Obstetrics-Gynecology, Inc, and/or Central Pennsylvania Obstetrics-Gynecology, Inc. and she related to Defendant Carr the symptoms she was experiencing. 33. Defendant Carr informed Mrs. Wagner of his findings of endometriosis, I although this was not confirmed by pathology. 34. Defendant Carr gave Mrs. Wagner information on Lupron to get rid of her painful periods and advised her to talk it over with her husband. 35. During his examination, Mrs. Wagner was still experiencing tenderness in the area of the uterosacral ligament and the abdomen, however, Defendant Carr did not follow up on the possible etiology of these symptoms. 36. Defendant Carr simply discharged Mrs. Wagner with instructions to follow up on an as needed basis, 37. On November 15, 1997, Mrs. Wagner experienced tremendous abdominal pain when she attempted to have a bowel movement. 38. Mrs. Wagner telephoned Defendant Carr with her complaints, however, Defendant Carr told her to relax and he would prescribe something for her pain. 39. Mrs. Wagner was in excruciating pain and she pleaded with Defendant Carr to do something immediately. 40. Mrs. Wagner was taken and admitted to the Emergency Department at Defendant HSH. 41. On physical exam, Defendant Carr ruled out ectopic pregnancy, appendicitis, ruptured ovarian cyst and endometrial cysts. 42. A transvaginal ultrasound was performed and interpreted as revealing a possible hemorrhagic right ovarian cyst. 5 43. After discussing his findings with Mrs. Wagner and her husband, Defendant Carr decided to do exploratory surgery to drain the cyst. 44. An incision was made by Defendant Carr in the lower abdomen and the peritoneal cavity was entered. 45. A moderate amount of fluid was present and cultures were taken. Moreover, there was exudate on the surface of the small bowel. 46. The right ovary was explored and had an exudate on it, but it appeared to be only on the surface. 47. Both tubes and ovaries were normal, as was the appendix. 48. While exploring her peritoneal cavity, Defendant Carr found a perforation in the rectal area at the peritoneal reflection at the base of the left uterosacral ligament. 49. Drs. Peter and Graf, General Surgeons, were called in for an intraoperative consultation and Dr. Peter ultimately took over and finished the operation. 50. Defendant Carr left Defendant HSH after calling in the surgeons, without informing Mr. Wagner of his findings, Defendant Carr simply left a message with the staff to have Mr. Wagner call him at home. 51. Shortly thereafter, Mr. Wagner discovered that another physician, Dr. Peter, had been called into the operating room to fix a perforated colon. 52. Dr. Peter performed the Hartmann procedure, a resection of the rectum with stapled rectal anastomosis and a sigmoid colostomy, to repair the damage. 53. The perforation itself was large and only four centimeters from the anal verge. 54. Dr. Peter described the perforation as a "through-and-through perforation", and "quite low" in the peritoneal cavity. e 6 55. There was a good bit of inflammation and inflammatory exudate in the pelvis along the surface of the multiple loops of the small bowel. 56. There was thickening of the mesentery and of the pelvic surfaces. 57. The segment of compromised bowel was then resected using a GIA stapler. 58. The pelvis and abdominal cavity were copiously irrigated with normal I saline. 59. Mrs. Wagner's lower abdominal transverse incision was extended in the midline to just below the umbilicus, 60. A 10 flat JP drain was brought into a separate stab wound in the right lower quadrant and a colostomy was placed in the left lower quadrant. 61. The stump of the distal sigmoid colon was brought out for the colostomy. 62. The wound was then closed by running the posterior rectus fascia using an 0 Vicryl suture and the anterior rectus fascia was then closed with a running #1 PDS suture. 63. The incision was closed with interrupted 2-0 Vicryl sutures and the skin was closed with a running subcuticular 4-0 Vicryl suture. 64. The JP drain was sewed in using a 3-0 nylon suture and the colostomy was then matured. 65. Interrupted 3-0 Vicrylsutures were placed at each corner and then in between, and an appliance was then applied. 66. When Mr. Wagner spoke to Defendant Carr on the telephone, Defendant Carr admitted to him, "I think I burned a hole in her bowel." 67. Moreover, that evening, Defendant Carr came into Mrs. Wagner's room and apologized to her for "burning her". 7 ?raF. 68. The post-operative report reflected that there were three centimeters of perforation of the anterior rectum at the peritoneal reflection with significant intra- abdominal inflammatory process. 69. The pathology report reveals necrosis and extensive acute inflammation at the site of the perforation. 70. Mrs. Wagner was discharged from the hospital a week later, on November 22, 1997. 71. At the time of discharge, the surgeons concluded that the perforation of rectum was secondary to electrothermal injury, 72. At the time of discharge, it was unclear whether the colostomy could ever be reversed. 73. On January 7, 1998, Mrs. Wagner had an appointment with her new Gynecologist, Dr. Carl Bronitsky. 74. Dr. Bronitsky recommended that Mrs. Wagner have a total abdominal hysterectomy at the time they attempted reanastomosis of her bowel. 75. On February 13, 1998, Ms. Wagner had a Total Abdominal Hysterectomy (TAH) and a Bilateral Salpingo-oophorectomy (BSO) with a takedown of the colostomy performed at Harrisburg Hospital by Dr. Bronitsky and Dr. Peter, respectively. 76. William F. Carr, M.D., Obstetrics-Gynecology, Inc., Central Pennsylvania Obstetrics-Gynecology, Inc., and Holy Spirit Hospital arejointly and severally liable to the Plaintiff for the injuries and damages set forth herein and incorporated by reference. 77. As a direct and proximate result of the negligence, gross negligence, and/or reckless indifference of Defendants William F. Carr, M.D., Obstetrics-Gynecology, nc., Central Pennsylvania Obstetrics-Gynecology, Inc., and Holy Spirit Hospital, Plaintiff Barbara Wagner, has suffered severe injuries including the need for additional medical 8 treatment, surgeries and a colostomy which necessitated reconstructive surgery and a claim is made therefore. 78. As a direct and proximate result of the negligence, gross negligence, and/or reckless indifference of the Defendants, Barbara Wagner has been and in the future will be subject to great humiliation, disfigurement, scarring and embarrassment and a claim is made therefore. 79. As a direct and proximate result of the Defendants' negligence, gross negligence and reckless disregard for her welfare, Plaintiff; Barbara Wagner has been forced to incur liability for medical treatments, medicines, hospitalizations and similar miscellaneous expenses in an effort to restore herself to health and because of the nature of said injuries, Plaintiff is advised and therefore avers that she will be forced to incur medical and similar miscellaneous expenses in the future and a claim is made therefore. 80. As a direct and proximate result of the Defendants' negligence, gross negligence and reckless disregard for her welfare, Plaintiff; Barbara Wagner has sustained and will sustain physical pain, mental anguish, discomfort, inconvenience and distress as a result of her injuries and a claim is made therefore. 81. As a direct and proximate result of the Defendants' negligence, gross negligence and reckless disregard for her welfare, Plaintiff, Barbara Wagner has ustained and will sustain a loss of her ability to enjoy any of the pleasures of life as a esult of her injuries and a claim is made therefore. 82. As a direct and proximate result of the Defendants' negligence, gross egligence and reckless disregard for her welfare, Plaintiff Daniel Wagner has been iced to incur liability for medical bills relating to his wife's treatment, and has also suffered a loss of intimacy, consortium, services, society, advice, and companionship and a claim is made therefore. COUNT1 Barbara Wagner and Daniel Wagner Sr V. William F. Carr. M.D 83. Paragraphs one (1) through eighty-two (82) of this Complaint are incorporated herein by reference. 84. Defendant, William F. Carr, M.D. is liable to the Plaintiffs for the injuries and damages alleged herein which were directly and proximately caused by his negligence, gross negligence and reckless indifference with respect to Barbara Wagner by: (a) failing to institute the appropriate investigation to assess Mrs. Wagner's initial condition; (b) performing unnecessary surgery on Mrs. Wagner on or about October 28, 1997; (c) failing to perform the laparoscopy correctly; (d) failing to recommend that a more qualified specialist perform the aforementioned surgical procedure; (e) operating too low in the pelvic area to allow for adequate visualization in the operative field; (f) negligently causing a perforation of the bowel; (g) causing injury and damage in an area that should not have been within the operative field; 10 (h) failing to timely diagnose that a perforation existed; (i) failing to adequately inspect the operative field before closing the surgical site; (I) failing to assess, diagnose, monitor, and treat suspected endometriosis properly; (k) failing to obtain a tissue sample to send to pathology for staging and a confirmed diagnosis of endometriosis; (I) failing to obtain tissue samples for pathology to provide for appropriate future recommendations and treatment; (m) improperly discharging Mrs. Wagner from the hospital following the laparoscopy on or about October 28, 1997; (n) failing to recognize Mrs. Wagner's post-operative complaints as consistent with a bowel injury and treating the same in a timely fashion; (o) failing to investigate and recognize that Mrs. Wagner's symptoms, including but not limited to the continued tenderness, inflammation and severe abdominal pain were due to a perforation of the bowel and not to the unconfirmed diagnosis of endometriosis; (p) improperly concluding that Mrs. Wagner was not suffering from anything other than tenderness of the uterosacral ligament; (q) dismissing Mrs. Wagner's pain as insignificant over the telephone and simply prescribe pain killers; (r) failing to properly and timely diagnose and treat the bowel injury; (s) misinterpreting Mrs. Wagner's abdominal pain as consistent with !ndometriosis; (t) improperly diagnosing Mrs. Wagner as suffering from a ruptured cyst; (u) delaying the proper treatment of the bowel injury which ultimately lead to a worsening of Mrs. Wagner's condition, the need for the colostomy and the development of inflammation, peritonitis and/or adhesions; (v) performing exploratory surgery on Mrs. Wagner when he knew or should have known that a surgical consult was warranted; (w) abandoning the patient without first advising the family of Mrs. Wagner's condition and requesting their consent to the transfer of the patient to general surgery; (x) failing to remain current in the practice of gynecology and failing to maintain the proper skills and knowledge necessary to practice gynecology properly in 1997; (y) failing to undergo adequate training on the proper use and technique for performing a laparoscopic procedure, 85. Defendant Carr is liable to the Plaintiff for the injuries and damages as set forth in paragraphs seventy-six (76) through eighty-two (82) above, which are incorporated herein by reference as if set forth as length. WHEREFORE, Plaintiffs, Barbara Wagner and Daniel Wagner, demand judgment against Defendant, William F. Carr, M.D. in an amount in excess of THIRTY-FIVE THOUSAND DOLLARS ($35,000.00), exclusive of interest and costs and in excess of any urisdictional amount requiring compulsory arbitration. 12 COUNT II INFORMED CONSENT Barbara Wagner and Daniel Wagner V. William F. Carr. M.D. 86. Paragraphs one (1) through eighty-two (82) and Count 1 of this Complaint are incorporated herein by reference as if set forth at length. 87. Defendant, William F. Car, M.D. is liable to the Plaintiffs for battery in the form of his intentionally inflicting harmful and offensive bodily contact on Barbara Wagner by: (a) realizing that the proposed surgical procedure would result in offensive bodily contact with Mrs. Wagner; (b) knowingly performing the proposed surgical procedure on Mrs. Wagner without her informed consent; (c) causing permanent and substantial injury to Mrs. Wagner as a result of the non-consensual and unnecessary surgery; (d) failing to obtain Mrs. Wagner's informed consent to the proposed procedure; (e) failing to inform Mrs. Wagner fully and properly as to the nature and extent of her condition and the nature and extent of the surgical procedure proposed; (1) failing to inform Mrs, Wagner fully and properly of the material risks, possible consequences and alternatives to the proposed surgical procedure; (g) failing to inform Mrs. Wagner of the possible consequences of the surgical procedure, including the physical, emotional and psychological consequences; 13 (h) failing to inform Mrs. Wagner of his credentials and/or qualifications for performing the recommended procedure; (i) failing to inform Mrs. Wagner regarding physicians who sub- specialize in gynecologic surgery; and (j) failing to disclose to Mrs. Wagner all information material to the decision to undergo the proposed procedure. 88. Plaintiff, Barbara Wagner would not have submitted to the aforementioned surgical procedure if she had known of the undisclosed information, misinformation, risks, consequences, side effects, and alternatives to the proposed treatment. 89. As a result, Plaintiff, Barbara Wagner sustained injuries and damages as set forth in paragraphs seventy-six (76) through eighty-two (82) above, which are incorporated by reference as if set forth at length. WHEREFORE, Plaintiff, Barbara Wagner demands judgment against Defendant, William F. Carr, M.D. in excess of THIRTY-FIVE THOUSAND DOLLARS ($35,000.00), exclusive of interest and costs, and in excess of any jurisdictional amount requiring compulsory arbitration. COUNT 111 Barbara Wagner and Daniel Wagner V. Obstetrics-Gynecology. Inc. 90. Paragraphs one (1) through eighty-two (82) of this Complaint and Counts I and II are incorporated herein by reference. 14 91. In 1997, Obstetrics-Gynecology, Inc. was a professional medical association providing gynecological care through its agents, apparent agents, servants, and/or employees. 92. At all relevant times herein, Defendant Carr, was an agent, apparent agent, servant, and/or employee of Obstetrics-Gynecology, Inc. 93. Obstetrics-Gynecology, Inc., acting through its agents, apparent agents, servants, and/or employees is liable to the Plaintiffs for its negligence, gross negligence, and reckless indifference as set forth by the actions in paragraphs 84 (a) through 84 (y) which are incorporated herein by reference, as if set forth in length. 94. As a direct and proximate result of Obstetrics-Gynecology, Inc.'s negligence, gross negligence, and/or reckless indifference, the Plaintiffs have sustained injuries and damages as set forth in paragraphs which are incorporated herein by reference as if set forth in length. WHEREFORE, Plaintiffs, Barbara Wagner and Daniel Wagner demand judgment against Defendant, Obstetrics-Gynecology, Inc., in an amount in excess of THIRTY-FIVE THOUSAND DOLLARS ($35,000.00), exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. COUNT IV Barbara Wagner and Daniel Wagner V. Central Pennsylvania Obstetrics-Gynecology Inc 95. Paragraphs one (1) through eighty-two (82) of this Complaint and Counts I and 11 are incorporated herein by reference. 15 96. In 1997, Central Pennsylvania Obstetrics-Gynecology, Inc. was a professional medical association providing gynecological care through its agents, apparent agents, servants, and/or employees. 97. At all relevant times herein, Defendant Carr, was an agent, apparent agent, servant, and/or employee of Central Pennsylvania Obstetrics-Gynecology, Inc. 98. Central Pennsylvania Obstetrics-Gynecology, Inc., acting through its agents, apparent agents, servants, and/or employees is liable to the Plaintiffs for its negligence, gross negligence, and reckless indifference as set forth by the actions in paragraphs 84 (a) through 84 (y) which are incorporated herein by reference, as if set forth in length. 99. As a direct and proximate result of Central Pennsylvania Obstetrics- Gynecology, Inc.'s negligence, gross negligence, and/or reckless indifference, the Plaintiffs have sustained injuries and damages as set forth in paragraphs seventy-six (76) through eighty-two (82) which are incorporated herein by reference as if set forth in length. WHEREFORE, Plaintiffs, Barbara Wagner and Daniel Wagner demand judgment against Defendant, Central Pennsylvania Obstetrics-Gynecology, Inc., in an amount in excess of THIRTY-FIVE THOUSAND DOLLARS ($35,000.00), exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. 16 COUNT V VICARIOUS LIABILITY Barbara Wagner and Daniel Wagner V. Holy Spirit Hospital 100. Paragraphs one (1) through eighty-two (82) and Counts I through IV of this Complaint are incorporated herein by reference as if set forth at length, 101. At all relevant times herein, Defendant, Carr, all physicians, residents, interns, radiologists, anesthesiologists, operating room staff, nursing staff and hospital personnel who provided care to Mrs. Wagner during her October 28, 1997 admission were the agents, apparent agents, servants and/or employees of Defendant HSH and were acting within the scope of their employment. 102. Defendant, HSH acting through it's agents, apparent agents, servants and/or employees is liable for the injuries, and damages caused by its negligence, gross negligence and/or reckless indifference as set forth in paragraphs seventy-six (76) through eighty-two (82) above which are incorporated herein by reference as if set forth at length. 103. In addition, Defendant, HSH is liable for the negligence, gross negligence and/or reckless disregard of its agents, apparent agents, servants and/or employees by: (a) failing to institute the appropriate investigation to assess Mrs. Wagner's initial condition; (b) performing unnecessary surgery on Mrs. Wagner on or about October 28, 1997; (c) failing to perform the laparoscopy correctly; 17 (d) failing to recommend that a more qualified specialist perform the aforementioned surgical procedure; (e) operating too low in the pelvic area to allow for adequate visualization in the operative field; (f) negligently causing a perforation of the bowel; (g) causing injury and damage in an area that should not have been within the operative field; (h) failing to timely diagnose that a perforation existed; (i) failing to adequately inspect the operative field before closing the surgical site; (j) failing to assess, diagnose, monitor, and treat suspected endometriosis properly; (k) failing to obtain a tissue sample to send to pathology for staging and a confirmed diagnosis of endometriosis; (I) failing to obtain tissue samples for pathology to provide for appropriate future recommendations and treatment; (m) improperly discharging Mrs. Wagner from the hospital following the laparoscopy on or about October 28, 1997; (n) failing to recognize Mrs. Wagner's post-operative complaints as consistent with a bowel injury and treating the same in a timely fashion; (o) failing to investigate and recognize that Mrs. Wagner's symptoms, including but not limited to the continued tenderness, inflammation and severe abdominal pain were due to a perforation of the bowel and not to the unconfirmed diagnosis of endometriosis; 18 (p) improperly concluding that Mrs. Wagner was not suffering from anything other than tenderness of the uterosacral ligament; (q) dismissing Mrs. Wagner's pain as insignificant over the telephone and simply prescribe pain killers; (r) failing to properly and timely diagnose and treat the bowel injury; (s) misinterpreting Mrs. Wagner's abdominal pain as consistent with endometriosis; (t) improperly diagnosing Mrs. Wagner as suffering from a ruptured cyst; (u) delaying the proper treatment of the bowel injury which ultimately lead to a worsening of Mrs. Wagner's condition, the need for the colostomy and the development of inflammation, peritonitis and/or adhesions; (v) performing exploratory surgery on Mrs. Wagner when he knew or should have known that a surgical consult was warranted; (w) abandoning the patient without first advising the family of Mrs. Wagner's condition and requesting their consent to the transfer of the patient to general surgery; (x) failing to remain current in the practice of gynecology and failing to maintain the proper skills and knowledge necessary to practice gynecology properly in 1997; (y) failing to undergo adequate training on the proper use and technique for performing a laparoscopic procedure, 104. Defendant Holy Spirit Hospital is liable to the Plaintiffs for the injuries and damages as set forth in paragraphs seventy-six (76) through eighty-two (82) above, which are incorporated herein by reference as if set forth as length. 19 WHEREFORE, Plaintiffs, Barbara Wagner and Daniel Wagner demand judgment against Defendant, Holy Spirit Hospital in an amount in excess of THIRTY-FIVE THOUSAND DOLLARS ($35,000.00), exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. COUNT VI CORPORATE LIABILITY Barbara Wagner and Daniel Waener V. Holy Spirit Hospital 105. Paragraphs one (1) through eighty-two (82) and Counts 1 through V of this Complaint are incorporated herein by reference as if set forth at length. 106. All nurses and other hospital personnel, anesthesiologists, and staff members caring for Mrs. Wagner in October, 1997, were at all relevant times agents, apparent agents, servants, and/or employees of Defendant Holy Spirit Hospital. 107. In 1997, all medical staff, committee members, hospital committee members, and Board members were agents, apparent agents, servants, and/or employees acting in the scope of their employment and authority as vested in them by Defendant Holy Spirit Hospital. 108. Defendant Holy Spirit Hospital's negligence, gross negligence, and reckless disregard as alleged herein and incorporated herein by reference was a substantial factor in bringing about the harm sustained by the Plaintiffs. 109. Defendant Holy Spirit Hospital has a non-delegable duty that it owed directly to its patient, Mrs. Wagner. 20 110. In 1997, Defendant Holy Spirit Hospital, through its agents, apparent agents, servants, and/or employees had a duty to oversee all persons who practiced medicine within its walls as to patient care including Defendant Carr. 111. Defendant Holy Spirit Hospital is liable for failing to oversee Defendant Carr's practice of medicine within its walls as to patient care and, in particular, to Mrs. Wagner. 112. In 1997, Defendant Holy Spirit Hospital had a duty to use reasonable care in the provision of safe and adequate equipment and personnel. 113. Defendant Holy Spirit Hospital, acting through its agents, apparent agents, servants and/or employees is liable for its failure to use reasonable care in the provision and maintenance of safe and adequate personnel and equipment for the care of Mrs. Wagner. 114. In 1997, Defendant Holy Spirit Hospital had a duty to select or retain only competent physicians. 115. Defendant Holy Spirit Hospital, through its agents, apparent agents, servants and/or employees is liable for its selection and retention of Defendant Carr and its failure to supervise and monitor the practice of Defendant Carr within its walls. 116. Defendant Holy Spirit Hospital, through its agents, apparent agents, servants, and/or employees is liable for its failure to formulate, adopt, promulgate, and enforce adequate rules and policies to ensure quality of care for its patient Mrs. Wagner. 117. Defendant Holy Spirit Hospital had a duty to formulate, adopt, promulgate, implement, and enforce adequate rules and policies to ensure quality of :are for its patient Mrs. Wagner. 118. In 1997, Defendant Holy Spirit Hospital was accredited by the joint -ommission for Accreditation of Hospitals, hereinafter JCAH. 21 119. In 1997, a hospital accredited by JCAH was required to establish and maintain various committees to review specific aspects for the practice of medicine within its institution, including the processing and assessing of physician credentials and the review, analysis, and evaluation of physician clinical performance and surgeries. 120. In holding itself out to the public as JCAH accredited, including to the Plaintiffs, Defendant Holy Spirit Hospital was proclaiming that it formulated and enforced procedures and policies for the safety and quality of care for the patient in accordance with minimum standards set forth byJCAH. 121. Defendant Holy Spirit Hospital is also under the auspices of the Pennsylvania Department of Health, which establishes guidelines for the promulgation, and implementation of policies and procedures for the safety and quality of hospital based patient care. 122. In 1997, Defendant Holy Spirit Hospital had a duty to investigate, monitor, and, if necessary, revoke, limit or suspend Defendant Carr's gynecological privileges in the face of substandard care. 123. Defendant Holy Spirit Hospital is liable for its failure to comply with the requirements ofJCAH and the Department of Health with regard to enforcing policies and procedures for the quality and safety of hospital based patient care, including care provided to Mrs, Wagner in 1997. 124. Pursuant to its bylaws, Defendant Holy Spirit Hospital grants privileges for a certain period of time to physicians and re-appoints a physician to staff physician on a periodic basis. 125. This process of credentialing physicians in 1997 was handled through the iospital and medical staff committees as agents of Defendant Holy Spirit Hospital. 22 126. Defendant Holy Spirit Hospital granted staff privileges to Defendant Carr at its facility and continues to reappoint him as a staff physician on a periodic basis including provisions to perform gynecologic care. 127. In 1997, in granting Dr. Carr privileges at its facilities to provide patient care, Defendant Holy Spirit Hospital has asserted to potential patients that it investigated Defendant Carr and found him to be a competent physician skilled in the contemporary practice of gynecology. 128. In 1997, Defendant Holy Spirit Hospital's medical staff and hospital committees granted privileges to Defendant Car to use hospital facilities, operating room, laboratories equipment, staff, and employees. 129. Defendant Carr required the use of Defendant Holy Spirit Hospital's aforementioned facilities as necessary to the admission and treatment of his patient Mrs, Wagner. 130. If Defendant Carr was not granted clinical privileges at Defendant Holy Spirit Hospital, he would have been unable to admit and treat Mrs. Wagner. 131. Defendant Holy Spirit Hospital is liable for its continual reappointment of Defendant Carr to a staff physician and the donation of clinical privileges that it has afforded to him, 132. Defendant Holy Spirit Hospital is liable to the Plaintiffs for its assertion through its conduct that Defendant Carr is a competent physician and skilled in the current practice of gynecology. 133. Defendant Holy Spirit Hospital is liable for its failure to provide any substantive testing or concrete evaluation of Defendant Carr's skills when appointing or reappointing him to a staff position, not undertaking its responsibility through its 23 committee members seriously, but merely giving rubber stvnp approval to his request for staff privileges including gynecological privileges, 134. Defendant Holy Spirit Hospital has not provided any written or oral testing of Defendant Carr to establish in any concrete and nteaningftd way that he is knowledgeable and skilled in the contemporary practice of gynecology and can safely provide patient care within the standard ofgynecological medicine. 135. Defendant Holy Spirit Hospital has not investigated complaints from patients or other staff members or issues which they are aware have impact on Defendant Carr's ability to practice at their facility. 136. Defendant Holy Spirit Hospital has not appropriately reviewed the propriety of the care provided by Defendant Carr within their walls and has not taken any steps to ensure that as a condition precedent to the performance of gynecologic services, that he comports with contemporary practices ofgynecology and it is liable for same. 137. Defendant Holy Spirit Ilospital failed to supervise Defendant Carr's practice properly and, as a result of his appointment and failure to supervise him, and as a result of retaining him on the staff, Defendant Holy Spirit Hospital breached its duty to its patient Mrs. Wagner. 138. 'rhis breach of its fluty by Defendant Holy Spirit Hospital was the direct and proximate cause of the injuries alleged herein and incorporated by reference. 139. Furthermore, Defendant Iloly Spirit Hospital receives remuneration for npatient hospitalizations, i.e., when Defendant Carr admits the patient to the hospital, t makes money for Defendant Iloly Spirit Ilospital. 140. As a result, Defendant Holy Spirit Hospital has not disciplined Defendant -arr properly because they do not wish to lose his business. 24 141. Defendant Holy Spirit Hospital, through its agents, including medical staff committee members, hospital committee members, and Board of Trustee members, had the right and duty to control staff privileges and practices within its institution including the privileges and practices of Dr. Carr. 142. Defendant Holy Spirit Hospital failed to curtail Defendant Carr's privileges to reflect more accurately his true capabilities. 143. Defendant Holy Spirit Hospital had the continuing duty to monitor the competency of Defendant Carr, a physician to whom it granted staff privileges and to review and monitor the quality of the care he provided. 144. Defendant Holy Spirit Hospital failed to monitor, review, and supervise the quality of medical care and services provided to Mrs. Wagner. 145. In 1997, Defendant Holy Spirit Hospital through its agents, staff members, and employees, had the duty to recognize or report any abnormalities in patient conditions and treatment and if the admitting physician failed to respond properly after being so informed, it was incumbent upon Defendant Holy Spirit Hospital's agents, apparent agents, servants and/or employees and staff members to so advise hospital authorities so appropriate action could be taken. 146. Defendant Holy Spirit Hospital, through its agents, apparent agents, servants and/or employees knew or should have known that Defendant Carr did not respond properly to Mrs, Wagner and reported it to hospital authorities so appropriate action could have been taken. 147. Defendant Holy Spirit Hospital, through its agents, apparent agents, servants and/or employees and staff members is liable for its failure to recognize and report abnormalities in Mrs, Wagner's condition and to report the same to hospital authorities when Defendant Carr failed to respond properly. 25 148. Defendant Holy Spirit Hospital failed to ensure that Mrs. Wagner received adequate medical attention through medical consultations and is liable for the same. 149. Defendant Holy Spirit Hospital, through its agents, apparent agents, servants and/or employees is liable for its failure to select and retain only competent physicians and in failing to oversee all persons who practice medicine within the hospital walls of patient care. 150. Defendant Iloly Spirit Iospital, through its agents, apparent agents, servants, and/or employees Is liable fin its failure to ensure Mrs. Wagner's safety. 151. Defendant I loly Spirit Hospital, through its agents, apparent agents, servants and/or employees is liable for its failure to grant Defendant Carr privileges to treat obstetrical/gynecological patients far which he was not qualified by education, training, experience, or competence. 152, Defendant Holy Spirit Hospital, through its agents, apparent agents, servants, and/or employees is liable for its failure to revoke, limit, and suspend privileges despite complaints or Incidents of substandard care and inappropriate behavior. 153. Defendant Iloly Spirit Iospital, through its agents, apparent agents, servants and/or employees is liable for its failure to verify updated knowledge and skill to ensure that Defendant Can's knowledge and skills comport with contemporary standards of gynecological practice. 154. Defendant Iloly Spirit Hospital, through its agents, apparent agents, servants and/or employees is liable to the Plaintiffs for the injuries and damages as set forth in paragraphs seventy-six (76) through eighty-two (82) above which are ncorporated herein by reference as if set forth at length. WHEREFORE, Plaintiffs, Barbara Wagner and Daniel Wagner demand judgment against Defendant, Holy Spirit Hospital in an amount in excess of THIRTY-FIVE 26 THOUSAND DOLLARS ($35,000.00), exclusive of interest and costs and in excess of any amount requiring compulsory arbitration. COUNT VII LOSS OF CONSORTIUM Daniel Wagner V. William F. Care. M.D.. Obstetrics-Gynecology Inc Central Pennsylvania Obstetrics-Gynecologv. Inc. and Holy Spirit Hospital 155. Paragraphs one (1) through eighty-two (82) and Coverts I through VI of this Complaint are incorporated herein by reference as if set forth at length. 156. Defendants William F. Carr, M.D., Obstetrics-Gynecology, Inc., Central Pennsylvania Obstetrics-Gynecology, Inc. and Holy Spirit Hospital are jointly and severally liable to Plaintiff Daniel Wagner for damages as set forth herein. 157. By reason of the aforesaid injuries by his wife, Plaintiff Daniel Wagner, was forced to incur liability for medical treatment, medicines and similar miscellaneous expenses in an effort to restore his wife to health and because of the nature of her condition, he will be forced to incur similar miscellaneous expenses in the future and a claim is made therefore. 158. By reason of the aforesaid injuries sustained by his wife, Plaintiff Daniel Wagner, has been, and in the future will be deprived of the assistance, companionship, consortium, and society of his wife, all of which has been and will continue to be to his great damage and loss and a claim is made therefore. WHEREFORE, Plaintiff, Daniel Wagner, demands judgment against Defendants, William F. Carr, M.D., Central Pennsylvania Obstetrics-Gynecology, Inc., and Holy Spirit 27 Hospital in an amount in excess of THIRTY-FIVE THOUSAND DOLLARS ($35,000.00), exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. Respectfully submitted, R. J. MARZELLA 8J, ASSOCIATES, P.C. By: 66856 Dated: September, % . 1999 28 Verification We, Barbara Wagner and Daniel Wagner, hereby swear and affirm that the facts and matters set forth in the foregoing document are true and correct to the best of our knowledge, information and belief. We understand that the statements made herein are made subject to the penalties of Pa.C.S. § 4904 relating to unsworn falsifications to authorities. Dated: Dated: _ -n Barbara Wagner X 11,4/ IXLI Daniel Wagner CERTIFICATE OF SERVICE I, Meredith A. Marzella, HEREBY CERTIFY that true and correct copies of the I foregoing Plaintiffs' First Amended Complaint were served upon counsel of record this ? day of September, 1999, by depositing said copies in the United States Mail at Harrisburg, Pennsylvania, postage prepaid, first class delivery, and addressed as follows: Craig A. Stone, Esquire METTE, EVANS & WOODSIDE 3401 North Front Street Post Office Box 5950 Harrisburg, PA 17110-0950 For Holy Spirit Hospital Evan Black, Esquire POST & SCHELL, P.C. 240 Grandview Avenue Camp Hill, PA 17011 For William F. Carr, M.D. and Central Pennsylvania Obstetrics-Gynecology, Inc. G. Thomas Miller, Esquire MILLER & MILLER 113 Locust Street Harrisburg, PA 17101 For William F. Carr, M.D. R. J. Marzella & Associates, P.C. ByjIlu?ctk 6-4, 4 24 Meredith A. Marzella IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, S/B/M/T CCNB BANK, N.A., Plaintiff, Vs. ROBERT W. WAEGER, Defendant. TO DEFENDANTS: YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS FRAM SERVICE HEREOF. ATTORNEY FOR PLAINTIFF 1 HEREBY CERTIFY THAT THE ADDRESS OF THE PLAINTIFF IS: 500 West Jefferson Avenue Louisville, KY 40202 CIVIL DIVISION NO.: qq L/ 7f v? C)-?? TYPE OF PLEADING: CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE FILED ON BEHALF OF PLAINTIFF: PNC Bank, National Assocaition, s/b/m/t CCNB Bank, N.A., COUNSEL OF RECORD FOR THIS PARTY: Kimberly J. Hong, Esquire Pa. I.D. #74950 Michael C. Eisen, Esquire Pa. I.D. #74523 AND THE DEFENDANT IS: 526 Orrs Bridge Road Mechanicsburg, PA 7055 (_-A n ??? ATTORNEY FOR PLAINTIFF CERTIFICATE OF LOCATION 1 HEREBY CERTIFY THAT THE LOCATION OF THE REAL ESTATE AFFECTED BY THIS LIEN IS: (City, Borough, Township) (Ward) GRENEN & BIRSIC, P.C. One Gateway Center Nine West Pittsburgh, PA 15222 412)281-7650 ATTORNEY FOR PLAINTIFF IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, CIVIL DIVISION S/B/M/T CCNB BANK, N.A., Plaintiff, NO.: VS. ROBERT W. WAEGER, Defendant. You have been sued in court. If you wish to defend against the claim 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 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 ajudgment 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 SHOULD 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. LAWYER REFERRAL SERVICE Court Administrator 4'h Floor, Cumberland County Courthouse Carlisle, PA 7013 (717) 240-6200 IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, CIVII. DIVISION S/B/M/T CCNB BANK, N.A., Plaintiff, NO.: VS. ROBERT W. WAEGER, Defendant. PNC Bank, National Association, s/b/m/t CCNB Bank, N.A.,, (hereinafter "PNC'), by its attorneys, Grenen & Birsic, P.C., files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff is PNC, which has its principal place of business at 500 West Jefferson Avenue, Louisville, Kentucky 40202 and is authorized to do business in the Commonwealth of Pennsylvania. 2. The Defendant, Robert W. Waeger, is an individual whose last known address is 526 Orrs Bridge Road, Camp Hill, Pennsylvania 17011. 3. On or about December 5, 1988, Defendant executed a Mortgage Note (hereinafter "Note") in favor of Plaintiff in the original principal amount of $140,000.00. A true and correct copy of said Note is marked Exhibit "A", attached hereto and made a part hereof. 4. On or about December 5, 1988, as security for payment of the aforesaid Note, Defendant made, executed and delivered to Plaintiff a Mortgage in the original principal amount of $140,000.00, on the premises hereinafter described, said Mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County on December 6, 1988, in Mortgage Book Volume 925 Page 143. A true and correct copy of said Mortgage containing a description of the premises subject to said Mortgage is marked Exhibit "B", attached hereto and made a part hereof. 5. Defendant, Robert W. Wacger, is the record and real owner of the aforesaid mortgaged premises. 6. Defendant is in default under the terms of the aforesaid Mortgage and Note for, inter alia, failure to pay monthly installments of principal and interest when due. Defendant is due for the February 1, 1999, payment. 7. On or about May 27, 1999 Defendant was mailed Notices of Homeowner's Emergency Mortgage Assistance Act of 1983, in compliance with the Homeowner's Emergency Mortgage Assistance Act, Act 91 of 1983. 8. On or about May 27, 1999 Defendant was mailed Notices of Intention to Foreclose Mortgage in compliance with Act 6 of 1974, 41 P.S. §101, et seq. 9. The amount due and owing Plaintiff by Defendant is as follows: Principal $ 109,070.11 Interest through May 27, 1999 $ 5,850.86 Late Charges through May 27, 1999 $ 2,967.63 Escrow Deficiency through May 27, 1999 $ 54.26 Attorney's Fees $ 800.00 Title Search, Foreclosure and Execution Costs $ 1 500.00 TOTAL $ 120,242.86 WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount due of $120,242.86, with interest thereon at the rate of S32.87, per diem from May 27, 1999, and additional late charges, additional reasonable and actually incurred attorney's fees, plus costs (including increases in escrow deficiency) and for foreclosure and sale of the mortgaged premises. GRENEN & BIRSIC, P.C. BY: Kimberly J. Hong, Esquire Michael C. Eisen, Esquire Attorneys for Plaintiff One Gateway Center, Nine West Pittsburgh, PA 15222 (412)281-7650 THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. EXHIBIT "A" Mortgage Note USS 140,000.00 _ - ??iwal December 5 1988 FOR VALUE RECEIVED, the underslgned ( hereinafter called the"Borrower') promises to pay CCNB Bank, N.A„ a nallomd benkinghatilmns usociationcrested by and eaisling under the laws of the United States having its principal place of business at 331 Bridge Street, New Cumberland, Cumberland County, Pennsylvania, (hereinafter called the "Bank") or to its order, the principal sum or One Hundred Forty Thousand and no/100---------------------------------------15140,000.00 ) DOLLARS together with interest on the unpaid principal bal.nce at the rate of.-U.-09- -percent per annum, said prin- cipal and interest to be paid at the times and in the meaner set forth as follows, to wit One Hundred Forty Thousand and 00/100 Dollars. ($140. CJJ OG :. lawful money as aforesaid, oavable Twerrv-ri•.r (2i) yna"'t - ,, the date hereof together with interest on the unpain oo :,nt.•r, the rate of Eleven Percent (II.DU%), Per annum, said pr-ncio.•,: and interest to be paid in hi-weekly installmert^ p? 5 • bur, 'rc- eighty-six and 08/100 Dollars ($686. 08) commencing on. tin __[9 day of -?(?aqi. L4, 1988 and continuing each fourteen (14) days thereafter until the principal and interest a+e '.illy paid The regniar bi-weekly payments to be made hereunder s'-aI I ;e made by the bank's deduct ing the amour: of each payment or. the date that each said oayment is due from a transaction account maintained by the borrower with the bank. If the bor,owe fa-'•? to maintain a transaction account with the oank and/o- 4e i'•g co maintain a balance in the account sufficient to nia ke the- piymm:its- called for herein when said payments are due, the bbrrcwer• sha'1 be in default under toe terms of this agreement and 1:110 1a>r,, may exercise all remedies available to it noon a default. ey the execution of this agreement, the borrowe- herein author-,ces the bank to deduct all payments required to be made by t'•e F.arr•nw.•.under the terms of this mortgage and the accompanying mortgage note from r,he borrower's transaction account maintaineb w,rn t.+a bank. is understood and agreed that the prcvis tons for the oayment of prinicibal and interest shall not alter or change tho ce^r. and marturiry of this obligation. Borrowers to pay real estate taxes anit present receipts to bank For vet ificar ion prior to December tyt of each year. also. may or or c and Borrower. and to mWorse Borrowers time upon any check in pi or toward reimbursement of all costs and expenses of Bank in collecting III amounts payable by Borrower to Bank hereunder, and toward the or any portion thereof, whether or not then due or payable, or Bank at fact' in Borrowers name Io "sign anp uinsrer ml sucn poncros to race ,from time tnUme, untilsaiddebtand Interest be fully paid, pIi taxes, wafer and uaessed or levied et any time, present or future, by any Iaw611 authority upon present or future law or laws shall have pdasity in Ilan or payment to the debt ured In said Martgage, when and as the same shall became due and payabir, mmssors or assigns, receipts for all takes, -.,.,and sewer rents assessed upon L at the office "feud flank, met such otherplaa as may be designated by said tartar such texea orwaterer sewer rents have last been payable at face without as well as receipts for all other ..as or charges or claims of every kind and w or I.ws may k or become a lien anon the mona..ed property. odor m lien to or payable out of the proceeds of any otherjudicial sale, without any fraud or other charges, claims or liens, and the sums so advanced by the Bank, its he Borrower. Borrowers heirs and assigns, to the Bank, its successors and pan of the principal debt hereby secured and shall benr interest thereon at set The Borrower covenants and agrees: That with the payments of principal and interest he will pay to Bank a pro cola portion of the lases, assessments and insurance premiums next lobecome due as estimated by the Bank so that the Bank will have sufficient funds on hand to pay taxer, assessments and insurance premiums Ihiny (30) days berate the due date thereof, Any deficit shall immediately be paid to Bank by Borrower. Moneys so held shall not bear interest unless otherwise required bylaw, and, upon default, maybe applied by Hank on account of the mortgage indebtedness. It shall he the responsibility of the Borrower to fumtsh Bank with bills in sufficient time to pay taxes before the penalty attaches. The Bonowerhercin agrees that in the eventof the passesgo, niter the date ofthis Nate, nfany law of the Common. weallh of Pennsylvania, deducting from the value nfthe land far the PurPosc oftaxation, any lien thereon, orthanging in any way the laws now in force for the taxation of mortgages or debts secured thereby, for stale or local purposes, or the manner of the collection of any such taxes, so as to affect the interest of the Bank, the whole of said principal sum secured by this Note, together with the interest due thereon„ shall, at the option ofthe Bank, immediately become due i and payable. The Borrower herein further agrees that ironyy installment nfinteresl be not paid whendue, such installment shall bear interest at the rate set forth above until paid .Inthe event that any pitymcm provided for herein shall become over. title fora periodfnexccss offiRecn(I5)clays, Bnrroweraarcea tnoava"tare chxrae"nfViaw.--11..tr___. paieut. securi not to convey securing or otherwise transfer title (either legal or equitable) to the premises described in the mortgage ng this Note without prior written consent by uic Borrower to the specific transfer. A transfer to the survivor or devisees or heirs of the Borrower in the event of Borrowers death shall not come within the prohibition of this covenant. PROVIDED. HOWEVER and it is hereby expressly agreed that if at arty time default be made in payment of said principal sum, ar nfany installment of interest orprcmiums afinsurance, as aforesaid, fm the space of Iwenty(20) Jays, nrnfany taxes, water and sower'tnts, municipal assessments or at, cs assessed againstorupon the mortgaged premises as Aforesaid, or soy pen thereof, nr in the exhibition ofthe recei P's pts fur taxes and water and sewer rent aM all other taxes or charges or claims aforesaid, on or before the time hereinafter specified for the..hibitton thercor, farthe space oftwenty( 20)days, the whole of said principal debt orsum lofether with ell premiums ofinsurcnce, tasea, water and sewer rents paWater thereupon becain due end payable, an dladgment may beentered andezecutionmay:slut forthwith for the collection ofthe same, and all.." rest thereon, togetherwith all fees, costs and expenses oroollinttng n the same, including an attomcy's commi'e'.. of five per Co.,.. (574), anything h otwithstanding erein contained to the contrary. In the event orthe taking o"dI or any portion Arta premises deson ed in the mortgage aecudngthia Note in any proceedings under the pow<rofemI nent domain, the entire award rtnderd m such Droceedmi s shall be peiJ to Bank, to be apPited toward reimbursement of all costs andexperises.f Bank in connection with said Dmettdings and toward payment of ail amounts payable by Borrower to Bank under the m.ngege securing this Noe end toward the payment of the indcbtcdness here ysec.red, nr any poin.n thereof, whetha or not then due or payable, or Benk at iv option, moy apply said award, or any part thereof to Uie rcppir ar rebuilding of said premises described in sail motgage. AIn it is hereby declared that this tsWS.lian is accompanied by Indenture of Mortgage, of even data herewith, made between Borrower and said Benk, secured upon real estate ,:reared in the Township of Lower Allen, County of Cumberland and Commonwealth of Pennsylvania in said Indenture of Mortgage more particularly descrilsed, and is subject to all the terms and conditions or said Mortgage. AND PROVIDED further and it is hereby and thereby expressly agree) that in the event of any breach by Borrower. of any covenant. condition or a cement of this obligation, or .said Mortgage, it shall be lawful for the Bank to enter upon all and singular the lands, buildings and 11 remises granted by said Mortgage to secure this obliga, tion,together with the hereditaments and a purtenances,anach and every pan thereof, and to take possession ofthe some and of the fixtures- anoliann.x a..,,,....... contained, and to have, hold, manage, lease to the same in such parcels and on such terms and for such nn groper. the Borrower agreeing that Borrower shall iddeliverunto Bank anysuch leaseorsublease; and to rises granted to secure this obligation and every pan nher"flotsuchleaseorsublesic has been usimedto expenses incident to taking an and keeping the same properly to the payment ofall taxes, chat lien or payment to said Mong interest and principal due unit ney's fees, in such orderor prit use to the contrary notwithstai this provision, shall not relieve of the remedies by this obliged default; and it is furtherexpres: and said Indenture provided I together with interest [hereon, agreements, matters and thing: may be pursued singly or suet, occasion therefor shall occur. AND for the purpose of In as aforesaid, Borrowerdoes het afthe Commonwealth of Penn for all persons claiming under, smicsble action in ejectment foi and apppunenances, as well as nslelied upon or in said mongs persons claiming under, by or or to V, or the enforcement of the payment of she principal sum secured by said Mortgage as hereinbefore specified, and for the performance of the convenants, conditions end herein co ntained, or in said Mortgage referred to, ere cumulative and concurrent and ssively or together al the sole discretion of the Bank and may be exercised as often as curing said possession ofsaid mortgaged premises toBank, in the event of any breach eby authorize and empowerany Attorney cranny court of Common Pleas m any nty , as ylvenia, or of any other court there or elsewhere, es attorney for B orrowerCou well its by, or through Bortawer, to sign an agreement for entering in any competent coon an possession ufthe premises granted by said Mortgage, Ingather with tht h<rcdilamenrs all Fixmrea, appliances sod equipment of any nature whatsoever, now or It ...no' gad promises (without any slay of execution 'appeal) against said Burrower and all trough Bortawer end Unto.n emiresajudgment for the recovery by she Bank of she d premiacs together wish the hereditaments and eppart."n"c', es well es all fixtures, rnaturewhetmes",noworhere.ner installed up.n.rin'na mongeged premises, for which this obligation (or a copy thereof verified by affidavit) shall be a sufficient warrant; whereupon if the Bank so desires, a Writ of Possession maybe issued foMwith. without env min, writ or „a,...,,.... n--.- WITNESS: / terms conclusive /? `7t''vll (SEAL) ROBERT W.. WAEGER (SEAL) (SEAL) (SEAL) (SEAL) (SEAL) AND PROVIDED FURTHER, and It is hereby and thereby expressly covenanted and agreed that in the event there is mom than one party named herein as a Borrower, the singular word, "Borrower', wherever occurring herein, shall be deemed and taken to mean the plural, AND PROVIDED FURTHER, that all covenants, waivers, options, stipulations, promises, undertakings, agreements, and rights and benefits given to, and obligations or liabilities imposed upon, each and all of said parties hereto shall inure to and bind themjoindy and severally and its, his, her, and their, and each of their, respective heirs, executors, administrators, sueoessora and Assigns. w w z x R ?g ?S Y W mi l O ? a i o w i o yT r O , v ?^ d V a o"I u ? a „ a T a r ? S E? E a ? L, °' G O ? s s Exhibit "B" 0!9 ftenture Made two 5th day of December in the year of our lad. One tbauuad ale buodndelghty-eight (1988 I. BETWEEN - ROBERT W. WAEGER (hereinafter called the Mongered, party of the nor pen, AND CCNR BANK, N.A..a national banking association created by end existing under the laws of the United Sons, having its principal place of business in the Borough of New Cumberland. County of Cumbetimd and C'ornmonevealth of Penmytvala, (hereinafter called (he Mongegeel. party of me second pan. WHEREAS, Wald Mortgaged, esennted sad dallverd u the ManWea a Nmfo is the prlselpal can or One Hundred Folty Thousand and no/100------------------------- IS 140,000.0011 DOLLARS, with Intense at the nn tit forth In aid Nor. payable at the times and In the manner tit forth in the old Note. at the aBlaw duld Matpgeela such other platy as designated In wdtintby the holder hesso0, and also for the payment from time to date until said debt and Internet be fully paid, of the necomory premiums and charges on such policy or policies of are, storm, ket, section and rou(pt for such ptameds Ice the nuns of Morgan, and Mortgagor, and to eodorm Mongaar't nude uppm any aback in payment then/. Such promeds hall be applied toward reimbursement of all cuss and expenses of urvddrteenaannd Wood Bro payment oofthe Indebtedness reeund Eer m ebyfor my portion nNafecby hether or not then adue or pry. Bald inrvrmp proceeds of say ppart thereof to she rcDait or rebuildin go rain premiers ha the aunt of We of the Drcmissa on fordonre, she owner,0ip of all policies a Insurance unit pw to me Wrehwr ar said a anti Nortptor hereby apwlnte Marte•Iee its money-im•nd, in Manpsera name to aseia and nuuler aB Hoch polkln to such purchaser. Mit Jn, far the payment, from time to ante, until Intel deb and interen "'I" or Mangape a1 ills option, may apply he IWIY Pald, of JI Wne, weer sad ewer nnIn end tl otMr chart. and daime auesaed in Ivied at say dme, present es face, by my InwfW a. ty. upon the mopertY hereby Ventad. to victim, sold obligation, which by any Present of In. man in Lave pdodly of lit. or payment b We debt re rmented by Wit obligation and secured by this Man- aAa when and u the name shall bnmme due and IsYebiq sad Jso for the exhibition to said Mon)atee. in wccesio. of tee nw an laws 'b f uuta, of reccipte for as tun, weer sad sewer taste gumnd upon or chuaable m the mongated property, at the office W Wd Mon"I'm for m does other plan as may be tlarlaated by the Managing is wridap, within tweedy (30) days form such tun or ester for war reap bare seen Payahis B f.'.' withwt the hapoJtion of mte" or peoWiea, u well or reeeipu for JI other lance or cbagn or dafma ate every kind oure which by Mr, upl or (atom Inv or laws may he for btcwu • I(en upon the managed DropertY pen in Ile to old Marlgye, or ay be or become, by any pres. tot or lupus law or laws, Nat diaWbur.sle or Jlowgbte or paYaMe before W d debt, out W the pracda of any judicial sale fes wlleetba W Wit debt, or an dhWbuubn or aflowabta or payable out of the proceeds of my other judicial safe, and is use of der Wt of paymenhe u JtsreuM, Idea [for she payment of all cab, fesa and expanus,ol wlleding the time. Including an Jtoray's eomdWWw of five per paten (7911 end provldiot further that upon failure of the Mortared. Mortnes hdre ormigm, tomalmaM said insurance uponthe building, am pay the taxes, water rents and sewer repo or Other charter, claim or lion at afonald, the Mortgagee, its sueennrr, aand asslae, may insure the baling, or pay such in", water rtnu and sewer wen arather charger, eWms or time, and the suma w advanced by the Mortgage, its suecemon and causes. shall bepayable by the Mortgagor, Morttagots heirs saw usltns to the Mortgagee. its seeceesora am asdaa. and shall be added to and bec.ne • phi W the principal debt secured hereby and shill beef Interest thereon at the rate tit fold in said date until paid such the survivor or devisees m heir, ofthe Mortar in the event of the Mortpgoes de summit. RE WI7NESSETH. That the ask Mandator. as well for sad in comide.tion of the in of old obligation, gds in disabuse thereof. as for WA in consideration of the further rum or unit Or in hand well and truly paid by the sold Mortgagee, in and heron to waling and delivery of these is hereby acknowledged. Mortgages has patted, Inanities. sold and conveyed, end by thou presents convey unto the said Mortgagee. its successors and usigu: LOANR i 7ti2643 CNT1 4560 b t 022 CCNR-PORTP01.10 BOOR 925 PACE 143 scant U. r womniue. to convey or Inge, to the ,all not come ,aid debt sod The Monpgor herein scene that in the event of the pews, after The date of this Mortgage, of my law of the Com mymemilh of PmmYlvaals, deducting from the 'Value of the land for taxation purports, my lien durwn, or changing in my way the laws now In form for the tuation of moTtags or debt scoured thereby, for state or local purposes, or the manor of the cW1.dmn of my roes mass, an, as to affed the interest of the Mongers. then the whole of said pdncial debt scoured by Out Monlae, together with the lateral due theron, shall at the option of The Mar aae herein, Int. medlatety become due and payable. A. r, L7 LFR/ '1 11, L-,,cr. 'r '? Ibo 'ow, r„„ta o: uwrr nl lqn„ 0,u.ry nl ,.uni U,!• l.va: e•,L, ,'ruul. w'•.r it •a :I r'er,,.oy.v n•,n. be.„corer non near,+aerl As fc? 10.;. to ,. Ii F6 INN11,, al a point r, tn. Nn• "r. , I•r-?? ^eekwocni air ,ve i S.. Ipof..1,1,• wl'ic, •.e id Un"It r t'. If, r r•;tsti v,e bet w",. -,,t : Nos. 36n pnrl ,3.'a nn tree ne.-,+i--,a C,-r net- ipnep titan of Lots. t brnee wilting the Urv L;lUn lrn., tier weer' at•- 1111 . 36A and 3IA. tiort't 14 degrees 26 minures we>[. ,:na lu•nd .e,: ne and f I tine _ inand retl t he (169 Sn; see: to h Punt .n tie. lout he+r•n true o! ,lo'., de large: rnm•r.n along sa'd 1.•'.? tine.. i,, .a Nnr-t h..:;r rr Iy d;. -ect i nn by the enc of n circle cr,r, , to •, hr I_ntt. 1,i.0 r'r, '. a• nav rhg a r.en tus of one hrndred saver t•, ,t wo vat eighry-three One-nundredchs 1172 133) feet. Chi,, n•, diatancf• or seven CY f d.,r nnrl twang v-f Ile ono-hwiUradr h•.'s 7r 1'er.r :.u .? uo rot; t,•enra on, by the scone. Nor^ H SC degree.: 57 o„ n.•e:- CR r.,. na- East. tour and ?: v'a f y-r wo one-hr 1ndraat hs (4.6.n) vet Lo .., ,,int. va the divia ton line bOLW-or Lot, No_.. 37A and 3RA: tl er,ae clung the rlivis'or 4,0 between lots No's. ifA and IRA, ',,1:11 i9 alsgr•ee,: 02 minutes 5i seconds East. one hund ren fit teen (1157 falet to n no l wit; thence clung t'ne divistnn line hLtwCae[1 Lnts Nos, 3"A and 39A. South 00 oegree:e 1+ minutes East, one hund•'ec' ren wind fifty. three Una-hundfled Uu (100.53) feet to a no cot :r the Northern line of Creeawcod I), ", aforementioned; tho: c, along said line of Greenwood Drive, South 89 degrees 47 minutes West, one bundr•od (100) feet to a point in the d-vision Zinc- betweec -,I i. No.:. 36A and 37A, aforementioned. at the point and place if REOINNING. BEING LUL No. 37A on the Plan of A1lendd'e, Section C. which sa•d ol.an is of record in the C,,mberlard f.nun ry Recorder's Office trt Plan Book 19. Page r,5. HAVING THEREON ERECTED a two 7cory br,c, and aluminum dwelling house No. 210 Glenside Lane. BEING THE SAME PREMISES which koberr W. waeger and Ci, fly A. waeger. conveyed unto frober•t W. Waeger, oy deep dated and mfanried to be recorded Simultareous:ly herewith, TOGETHER with the seedy alley', prole., wall, wmnn, water co.rtes. nahu, hbetnea, prtvilege., heredi[a.enb nod appnnenan<o uTateoavrr Ox,..nw Inunpng or in on"iae appnlal ol, and the revp,,.. . oral lml.urdni, rrnu, ratio and prnAlf thereof, and TOGETIif.R with all bwidmgr and Imp.ionfr , of eery kind and dewnphon now or hereafter erected or pored (hereon. including all Wife, heating and lighting appiam,, Cilia at scram, awnin, range. or nuva. and meclunlcal te- f iserau.n, and all, each and every of the mtrrinr impmunmel, and hewn, ..,able in invnonbl0. of nutty kind and desim,nu n in and upon said prtmua, or which may hereafter be placed in of upon the care. m urcd in connection there. with; it Chains understand and agreed betuean the peniee heron [hat the words "IanJ" and/tit "prtmisca" wh<mver that occur in Ihe.e prete.r, feel be deemed to include all the Write, and pen.nal property be" .emroead and sororycd. TO HAVE AND TO HOW the uid dtwnbed lot of IanJ, hereduumenb and prinows hereby granted and conveyed, with rho appurtenances, unto the said kfomg.,,. it, maeawr, and assigns to the only proper use and behoof of the acid %lonpgee. u mcusunn and seelf-a, 1'OREVFR. 600A 925 PACE 1 .11 PROVIDED, HOWEVER, that in can of default at my time. in payment of mud pnnciPal debt or sum, or of non. n or charge, or premiums of Wwanea, or of of tit thanoI whin due and payable nspecnvely, by the terms and con. dldom of said obligation for the rpace of twenty 110) tape in aforesaid, or in the performance of any of the covenants as to fire imuran[e, lure ter water and "It Time or charges or .]at., a aforesaid, the whole of said pnaapal debt tor corn and Interior then unpaid, ,ball thereupon become dui and payable and an action of mongn, funetmun nary Inc com. minced fonbwith on Ilus Mortgage aW proemukd to )Wren, necuthm and sale (of the collector of the whole amount Olt the said principal debt and/or lateral thereon remain ng unpaid, together with all prenGlnu of tnamancc. Ian amt water sand lower tense part, fate, cats and upeen of such proceedinp• together with an attorney's comnuuion el At. per Cantons (dyg). NI errors to said praeMinp, together with Kay of, of aempium tram execution, or tuem,on or time or payment. which may be vin by try Act or AN of Anna lY• now in force, or which truly he emceed hereafter. ore hereby forever waived m rdealod. In the event of the sating of all or try portion or the premises in any pioeeedings under be power of eminent do main, the entire award rendered In such oroece lap shall be paid to MonRRe, to be applied toward reimbursement of all tats and expenses of Moran" In eormation with old proceedings, and tatted the peymeal if ill amounts p.yable h Mnngagor to Monppe hereunder, nd b=ard the payment or the indebtedness secured heeby, of any portion titers. of, whether or rot then due or payable, or Monlegre at its option, may apply said al or try pan thereof, to the repair or rebudding of Nd Remises. AND PROVIDED runher that It is thereby and Mrell eapreuty agreed that in the event of any breach by Mnngagur of ny covenant, condition, or agreement of mid recited obligation. or of this Mideast, It had be lawful for the Mongape to enter .pant all and aialulu th land,, buildings and premises herein particularly drscnbed and by this Indenture Mon. gagsd, together with the heredltamene and npudemncn, GM Inch and every part then(, and to eke pouenon of the same AM of the fiaturn, applumon nd equipment Ihneln contained, and to have, hold, manage, lease to the Mortgagor or any other person or Rr,om. use and spear, Ih< time in such parceh and on such terms anti far such periods of time a Monpyee may Gem proper in The a dlKrelion of L1RSgapr, the Mon/alor aBrninp has Murrpla shall AM ill whatever requested by Manpgn an to do, wip, transfer and deliver Ynb Monppe, try lease or Andy CAN; and 10 cob feet AM reenlist all nee, issues and profit, of 1M said mortgaged premt= and every pan thereof for which this In. denture Kral be a sWeent warrant whether or not such tore or sublease has been atignW to Mortgages, and to make. from time to time, all altanuone, renovation, repair, and PaPlacement thereto as may Kim judicious to MongaAre. and alsar deducting the cost of any ar all touch aluxatiana raoovations, ocpain nd replacements and expenses Incident to taking AM r,Wo(ng possession of the mortgaged property NW the Management and operation thereof, and keeping the tame property famed, In apply the residue of such rene, lawn and profits, if any, ondrog at aforesaid, b the payment of all tauF Chinn, claim., aseumene, water and lows, note and any Other (tens that may he prior to tin or payment to the principal debt secured by Ode Indenture and prKNums for said insurance, with Interest than,. or to the interest avid principal due and muted by thin Indenture of Morip e, with all cost. Mid attorney's fen, in such order or pri• idly, u Mortgages, in the ale discretion of Mar,gages, may determine, try =rule, law, case.. or use b the con. Italy, nondtmtnding: It being exprusiy agseed, however, that the taking of roweuim by Monguee under this nro• matingono concurrent era may copu anct tingly or Suecal or togetner at me eonw,er.tionor the Mongnee, and may :rcised As Orion n occubn therefor shall acur. oND for the purpae of securing Wd possession of said mortgaged premises to Mongslre, in Ihe event of any t u of r Rid. Monppr don hereby authorize and empower my attorney of any Court of Common Plea in barmy of the Commonwealth of Pennsylvania. or of nary other court Them or elsewhere, as attorne for Monpgor. II a for all persons clausal under, by, or Ihrole. Mortgagor, to rip an agreement for entering n my competent an amicable It.. in electoral for pofaeWn of premises monpaged by this Indenture, togri with the heradtt6• ad appunexnces or well u all fiauna appliances and equipment of my nature ahanaver, now or handles jr. upon or in said monpBW Ip rreepeny (;;out my any of naulion or gipped), leftist fail Mortgagor, as well u Moro daimin under, by, or through M.nppa sM there(, confess ludpnnl for the rnovery b)µ the Mortgnes of ruaw(on o! t?e slid monpged pnmlw toRthar sdth the hemlitamenb end appwtemntt., a ell a all Nturcs. tea and equipment of try oaten whatsoever now or Aercafrer insWkJ upon or in said mart apt proRny, for tbb IMenbre (or cope there.[ vulfied by afilGvltd drill h a wfiklent warrmt whereupon i? the Mortgages a h • Wnl of PRloation may be Ifaued forthwith, without any prior ant or pratedinP whetaveL Mortgapr here• avid Laing red apeeing to releaK the MOnpgeC from all en.n and deem wheuaver m enlerinp such action and/or ant aM In ,tiring each writ or writ, b h Issued, aM in any prattling therein or coo«rnint the rams, aM a`reeing chat am writ of ertor or objenlon shall b< toed. ter mica therno, proviJed Thal the Mortgagee shall filed in ,ah action m amdaMt by It, or tome one on bch.il of Alonpags0. se(tiag forth (h. lieu necexury b au- I the entry of such judgment, aeeordini to the temu of lhtc indmbre, of which facts such aRdavit rhsll h cam nce. ROVIDED ALWAYS, NEVERTHELESS, that fill said Monpgor, Mongapr's heir aaid assips, shall and do well and An all was, wine aM sewer tent, chaps or claims a atRnasq an or which me Said Mongapl, for Mmtgapra hears and apps. hereby eaprnefy oovmaw, agrees to do and perform, then said from thenceforth as well this present Indenture. and the estate hem by Famed, as the said recited obligation, shall become void of no effect, anything heninbefon contained to the contrary retwithstaMlng. AND PROVIDED FURTHER, and It Is hereby ad thereby expressly mv...and and agreed that in the event there it, more than one patty named herein as a Monlapr, the singular word "Modgnor'", wherever occuring herein. shall he deemed and taken to mean the plural. AND PROVIDED FURTHER, that all Frets, covmme, waivers. options, stip. oration., promisee, undertakings, agreements, and rights and bencl given to, end obligations or liabilities (posed upon. each and all of said parties hereto shall Inure to and blind them jointly and severalty and its, his, her and (heir, and each of their respective, hies, executors, administrators, sale rem and amps, IN WITNESS WHEREOF, the add M.rtgaga has hemumo at hand and seal the day end year not above come,. Witness ?gLe EC/ (SEAL) ROBERT W. Wall .(SEAL) ... (sent.) EDD!t 325 PAGE 145. (SEAL) COMMONWFAI-III 113 PUNNSVIAANIA c'OUNry OI' CUMBERLAND On thn 5th day of De CeNbUr A D IV 88. hefore M. a Notary Public in and far laid CoumY and Comnmawedth. Personally Weaved Robert W. Wdegrr knew. ht me (W - lhdactarily Praven) to hr the Peru a whale name d drembudb,d M 1M within imam. mend, and acknnteledted that t he y eammed the came fur the Purpose therm convened. IN WfrNFS.S WHF.RFOF. 1 have hereunto at my hand and Notarial Seal IM day and yea devin w., N *' r\ ?Le c L/ 4J a„aa0t i Noty FJ Publl'a, My romntisuun Fapirea: avu y!ret'a r?? 1 hereb) certify that the pmciae add¢a, of the Motlgaeee herein is No. 331 Bndp Street. New Calberland. Penn• aYlvania. .. Ama for Montalec I an V \ a ` V Nj ei ? § C I O . . I H ;C ?_ 9 U ss L 1 °.1: O ' O [ ] AAA I+ m H C H T { ' e' Y O L ` a . e ?C a /? w AQ rv o V NAM „ 6 O ? G4 - q > < e. W dd?? O I? irc fOAi hHI 1N {.AI TH /Or % 1N 1 COl1NT11 RFCORUI'la in the Otliee for Recurdmg of Ikeda %I... aPCs, n. , in and fm the Cuunty of m NterttaSt Boul (/ Y)Pate Wy3NF'SS My' IIand and Seal of CO`.Rua 0. day Anno Domino dv •? .) 57 W5 rAGF 146 BOND AND WARRANT - -AND- MORTGAGE MODMCATION AGREEMENT THIS AGREEMENT, made this 30th day of October, 1992, by and between CCNB Bank, N.A., party of the first part, and Robert W. Waeger, party of the second part. WHEREAS, the party of the first part is the present holder of a certain note to secure One Hundred Forty Thousand and 00/100 Dollars ($140,000.00) given by the party of the second pan to CCNB Bank, N.A., dated the 5th day of December, 1988, which is secured by a mortgage bearing like date on said premises therein described, recorded in Cumberland County on the 6th day of December, 1988, in Mortgage Book Volume 925, Page 143, and located in the Township of Lower Allen and WHEREAS, the party of the second pan is the owner of the said premises so mortgaged and has asked the party of the first part to modify the terms of the said note and mortgage, and WHEREAS, the said party of the first pan has consented so to modify the terms of said note and mortgage upon the agreement of the said party to do what is hereinafter specified. NOW THIS AGREEMENT WITNESSETH, that is agreed by and between the parties hereto in consideration of the premises and of mutual premises as follows: 1. The party of the first part hereby agrees to modify the bi-weekly installments of principal and interest of the within mortgage at the time and in the manner as follows to wit: Fourteen (14) years and Three (3) months from September 1, 1992, the unpaid principal sum of One Hundred Twenty Seven Thousand Eight Hundred Fifty One and 11/100 Dollars ($127,851.11) and interest thereon at the rate of Eleven percent (11.00%) per annum to be paid in monthly installments of One Thousand Three Hundred Seventy Two and 16/100 Dollars ($1,372.16) commencing on the 1st day of December, 1992, and thereafter a like amount on the Ist day of each month until principal and interest are fully paid; but this latter provision shall not affect the maturity date above stated. 2. Party of the second pan hereby agrees that he will not convey mortgaged property without the written consent of the party of the first pan. 3. The party of the second part guarantees the prompt payment of the interest and principal of said note so secured in lawful money of the United States of America. Copy 4. All the tern.., conditions, stipulations and prohibiuees contained in said note and mortgage not inconsistent herewith an to remain in full force and effect. 5. The agreement is to extend to and bind the respective heirs, executors, administrators, successors and assigns of the parties hereto. IN WITNESS WHEREOF, the parties hereto have executed this agreement to date and year aforesaid. Assi rant Seerelary Witness: CCNB BANK, N.A Vice President STATE OF PENNSYLVANIA ) COUNTY OF ) Robert W. Waeger On this day of , 19 , before me, a Notary Public in and for said state and county, personally appeared Robert W. Waeger, who being duly sworn according to law, acknowledged the foregoing agreement to be their act and deed and desire the same to be recorded as such. Notary Public STATE OF PENNSYL'vMJIA ) COUNTY OF )SS C(?,tn bA2larod ) z On this 5r day of /LUVembeA. , 19M before me, a Notary Public in and for said state and county, personally appeared q E 9,vei9:tP-J who acknowledged himself/hwelf to be the k it a Ni-rt ide& of CCNB Bank, N.A., a Corporation, and that he/g® as such GFf-t •%''?? being authorized to do so, executed the foregoing instrument for the purpose therein contained by b'l signing the name of the corporation by himself/hopsWas vice IN WITNESS WHEREOF, 1 herewith set my hand and notarial seal, Na Nf See cyArrmC P, lRv -e_ tvp.:v' iexx.Y?rrcykvu GN'NUe A Public The undersigned, and duly authorized representative of Plaintiff, deposes and says subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities that the facts set forth in the foregoing Complaint in Mortgage Foreclosure are true and correct to her information and belief. TERESA SWITZER 2nd VICE PRESIDENT U A h v? ' W ? vo SHERIFF'S RETURN - REGULAR CASE NO: 1999-04782 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PNC BANK NATIONAL ASSOCIATION VS. WAEGER ROBERT W CPL. TIMOTHY REITZ , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon WAEGER ROBERT W the defendant, at 17:37 HOURS, on the 11th day of August 1990 at 526 ORRS BRIDGE ROAD MECHANICSBURG, PA 17055 CUMBERLAND County, Pennsylvania, by handing to ROBERT D. WEAGER (ADULT SON) a true and attested copy of the COMPLAINT - MORT FORE together with NOTICE and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So answers J./ 18.00 8.68 8.00 omas ine, eri $34:68-GR$NEN & BIRSIC 08/12/1999 by Sworn and subscribed to before me this _/,2 t(" day of Qc 1999 A. D. ro ono dry D a r ep y e i =:i IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION : CIVIL DIVISION S/B/M/T/ CCNB BANK, N.A., NO.: 99-4782 Civil Plaintiff, TYPE OF PLEADING: VS. ROBERT W. WAEGER CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE Defendant ENTRY OF APPEARANCE Please enter my appearance in the above styled matter. ROBERT W. WAEGER P.O. Box 234 Harrisburg, PA 17108 I.D. NO. 23656 (717) 783-3770 ext. 206 C7 ? n' N 1 L u.i j J LU t i V: Q7 a j U f> or-- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, S/B/M/T CCNB BANK, N.A., CIVIL DIVISION Plaintiff, NO.: 99-4782-CIVIL Vs. ROBERT W. WAEGER, Defendant. TYPE OF PLEADING PRAECIPE FOR DEFAULT JUDGMENT (Mortgage Foreclosure) FILED ON BEHALF OF PLAINTIFF: PNC BANK, NATIONAL ASSOCIATION, SB/M/T CCNB BANK, N.A. COUNSEL OF RECORD FOR THIS PARTY: Kimberly J. Hong, Esquire Pa. I.D. #74950 CRENEN & BIRSIC, P.C. Firm #023 One Gateway Center, Nine West Pittsburgh, PA 15222 (412) 281-5197 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PNC BANK, NATIONAL ASSOCIATION, CIVIL DIVISION S/B/M/T CCNB BANK, N.A., Plaintiff, VS. ROBERT W. WAEGER, Defendant. TO: PROTHONOTARY SIR/MADAM: NO.: 99-4782-CIVIL PRAECIPE FOR DEFAULT JUDGMENT Please enter a default judgment in the above-captioned case in favor of Plaintiff and against Defendant, Robert W. Waeger, in the amount of $126,303.14, which is itemized as follows: Principal $109,070.11 Interest to 10/12/99 $ 9,359.87 Late Charges to 10/12/99 $ 3,242.07 Escrow Deficiency $ 2,331.09 Attorneys' fees $ 800.00 Title Search, Foreclosure & Execution Costs $ 1,500.00 TOTAL $126,303.14 with interest on the Principal sum at the rate of $32.87 per diem from October 12, 1999, and additional late charges, plus costs (including increases in escrow deficiency) for foreclosure and sale of the mortgaged premises. GRENEN & BIRSIC, P.C. BY: Kimberly J. Hong, Esquire Attorneys for Plaintiff 3 Kr 4?. AFFIDAVIT OF NON-MILITARY SERVICE AND CERTIFICATE OF MAILING OF NOTICE OF INTENT TO TAKE DEFAULT JUMOMENT COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF ALLEGHENY Before me, the undersigned authority, a Notary Public in and for said County and Commonwealth, personally appeared Kimberly J. Hong, attorney for and authorized representative of Plaintiff who, being duly swom according to law, deposes and says that the Defendant is not in the military service of the United States of America to the best of her knowledge, information and belief and certifies that the Notice of Intent to take Default Judgment was mailed in accordance with Pa. R.C.P. 237.1, as evidenced by the attached copy. Sworn to and subscribed before me this ay of ?'t/ 199 Notary Public ??tib? 1P A 1'' 1 y3-l-? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUrvTY, PENNSYLVANIA CIVIL DIVISION PNC BANK, NATIONAL ASSOCIATION, ) s/b/m/t CCNB BANK, N.A., ) Plaintiff, ) vs. ) ROBERT W. WAEGER, ) Defendant. ) TO: Robert W. Waeger 526 Orrs Bridge Road Mechanicsburg, PA 17055 DATE OF NOTICE: October 1, 1999 NO.: 99-4782-CIVIL IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: LAWYER REFERRAL SERVICE Court Administrator 4'h Floor, Cumberland County Courthouse Carlisle, PA 7013 (717) 240-6200 GRENE & BIRSIC, P.C. By: Attorneys for Plaintiff One Gateway Center, Nine West Pittsburgh, PA 15222 (412) 281-7650 FIRST CLASS MAIL, POSTAGE PREPAID ti nr) Q Qi rn rn F c ??a