HomeMy WebLinkAbout99-05102S?
Q
O
M
1
z??
v '
w
PNC BANK, NATIONAL ASSOCIATION
SUCCESSOR BY MERGER TO THE
FIRST BANK AND TRUST COMPANY
Plaintiff
V.
JAMES A. BALL III And
WALTER A. BALL
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. q'y ".S/IS Ot?
CIVIL ACTION -LAW
COMPLAINT
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this complaint and notice are
served, by entering a written appearance personally or by attorney and filing in writing with the
court your defenses or objections to the claims set forth against you. You are warned that if you
fail to do so the case may proceed without you and a judgment may be entered against you by the
court without further notice for any money claimed in the complaint or for any other claim or
relief requested by the plaintiff. You may lose money or property or other rights important to
you.
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
ary LsbC(?y AUC,
Carlisle, PA 17013
(717) 24ftW b
a4Ci -31(??O ???
J-0(-'00 qyU l()
PNC BANK, NATIONAL ASSOCIATION
SUCCESSOR BY MERGER TO THE
FIRST BANK AND TRUST COMPANY
Plaintiff
V.
JAMES A. BALL III And
WALTER A. BALL
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
CIVIL ACTION -LAW
COMPLAINT
NOTICIA
Le han demandado a usted a la cone. Si usted quiere defenderse en contra estu demandas
expuestas en )as paginas siguientes, usted Lien veinte (20) Bias de plazo al partir de la fecha de la
demanda y la notificacion. Usted debe presenter una apariencia escrita o en persona o por
abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en
contra suya.
Se ha avisado que si usted no se defienda, la corte tomara medidas y puede entrar una
orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en
la peticion de demanda. USTED PLTEDE PERDER DINERO 0 PROPIEDADES 0 OTROS
DERECHOS IMPORTANTES PARA USTED.
LLEVE ESTA DEMANDA A UN ABOGADO INWDIATAMENTE. SI USTED NO
TIENE 0 CONOCES UN ABOGADO, VAYA EN PERSONA 0 LLAME POR TELEFONO A
LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA
AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL.
Cumberland County Bar Association
Court Administrator
4m Floor Cumberland County Courthouse
Carlisle, PA 17013
(717) 240-6200
PNC BANK, NATIONAL ASSOCIATION
SUCCESSOR BY MERGER TO THE
FIRST BANK AND TRUST COMPANY
Plaintiff
V.
JAMES A. BALL III And
WALTER A. BALL
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99- S//?i- 6",*,1 T *.
CIVIL ACTION-LAW
COMPLAINT
COMPLAINT
AND NOW COMES, PNC BANK, NATIONAL ASSOCIATION, Successor by Merger
to the First Bank and Trust Company by and through its attorneys Saidis, Shuff & Masland and
states the following cause of action:
Plaintiff, PNC Bank, National Association, successor by merger to the First Bank
and Trust Company, is a national banking association organized and existing under the banking
laws of the United States of America with a principal regional office located at 4242 Carlisle
Pike, P.O. Box 8874, Camp Hill, Pennsylvania 17001-8874.
2. Defendant, James A. Ball, 111, is an adult individual residing at 6101 Westover
Drive, Mechanicsburg, PA 17055.
3. Walter A. Ball, is an adult individual residing at 1107 Churnsford Drive,
Mechanicsburg, PA 17055.
4. Defendant James A Ball, III executed and delivered to Plaintiff a Promissory
Demand Note dated February 23, 1987 in the original principal amount of Seven Thousand and
00/100 dollars ($7,000.00) (the "Note") a true and correct photostatic reproduction of which is
attached hereto as Exhibit "A" and made a part hereof
5. Defendant Walter A. Ball executed the Note for purposes of guarantying
payment of any and all amounts due to Plaintiff by Defendant, James A. Ball, III under the Note.
Defendants Walter A. Ball and James A. Ball III are referred to herein collectively as
"Defendants".
6. Under the terms and conditions of the Note, Defendant agreed to repay the
principal sum of Seven Thousand and 00/100 Dollars ($7,000.00) on demand together with
accrued interest at the rate of 10.75% per annum as set forth in the Note and, until such time as
Plaintiff made demand upon Defendant to repay the amount set forth above, to make regular
quarterly interest payments on the outstanding principal balance to commence on April 15, 1987
and to continue thereafter the same day of each consecutive quarter or until all of the principal
has been paid in full.
7. Defendants have breached the terms and conditions of the Note and are in default
under such terms and conditions because Defendants have failed to make the payments required
in accordance with the terms thereof. As a result of Defendant's defaults, Plaintiff sent notice of
default and demand for payment of all amounts due under the Note on July 8, 1999. A copy of
Plaintiff's demand letter dated July 8, 1999 is attached hereto as Exhibit "B" and made part
hereof.
8. Defendants are presently indebted to Plaintiff, as of August 13, 1999 in the
amount of Four Thousand Six Hundred One and 501100 Dollars ($4,601.50) itemized as
follows:
Principal Balance $3,467.76
Interest through August 13, 1999 $ 216.76
Attorney's Fees $ 916.98
Total Due $4,601.50
As security for the amounts due under the Note, Defendant executed and
delivered to Plaintiff a mortgage (the "Mortgage") on a certain lot of ground situate in the
Borough of New Cumberland, County of Cumberland, Commonwealth of Pennsylvania as more
particularly set forth and described in the Mortgage (the "Property"). A copy of the Mortgage is
attached hereto as Exhibit "C" and made part hereof.
10. Defendants also agreed under the terms of the Note and the Mortgage that in the
event of default thereunder Defendants would pay, in addition to the charges listed in paragraph
8 above, costs and actual attorney's fees incurred in the collection of the sums secured by the
Mortgage, including without limitation the costs and attorneys' fees as a result of the institution
of these legal proceedings.
11. Pursuant to the Act of January 30, 1974, P.L. 13, No. 6, 41 P.S. section 101 et
sec., and, in particular, section 403 thereof, Bank gave written notice to Defendants of its intent
to foreclose or take other action by a letter dated June 7, 1999, addressed to Defendants, certified
mail, return receipt requested. A copy of said Notice is attached hereto and marked as Exhibit
"D
12. As set forth above, Plaintiff has made demand on Defendant to make payment of
all amounts due to Plaintiff under the Note and the Mortgage. However, Defendant has refused
and failed and continues to refuse and fail to make payment of said amounts to Plaintiff.
13. Interest continues to accrue under the Note at a rate of $1.04 per day.
WHEREFORE, Plaintiff, PNC Bank, National Association, successor by merger to the
First Bank and Trust Company, demands judgement against Defendants James A. Ball, III and
Walter A. Ball in the amount of Four Thousand Six Hundred One and 501100 ($4,601.50)
Dollars plus additional interest at the rate provided in the Note through the date of payment,
including on and after the date of entry of judgment on this Complaint, attorney's fees and costs
of suit.
Respectfully submitted,
SAIDIS, SH F & MASLAND ^
Dated: 0 (? /9 By;
Karl . Ledeb hm
Supreme court ID # 59012
2109 Market Street
Camp Hill, PA 17011
(717) 737-3405
""Y'""' - ANCE Amount Financed Total of " •ments
PERCENTAGE 1RGE •ne amount it credo oaavntd C,e J,naul r11 i's said Jlteryou
RATE a dollar amount tnr '1 you or on lour Cahill sir! made J.. w,aedulea o+ymenls
The cost of your..eda Crela wnl Can eau
is J yearly rat,
•. vm?puP¢ u nail I """no •eemr<
Mayotte on a!mara All Jii(Ip}ayes Lt oa52a gin Jn Inumed "hit IV al ire lei,
variable Rilel ? The Annual PerClrti{e Rate mar nQ2ase a,,,,;1]2,,,"(","Olfaction d
? n/a Rare rrveiies ? !Sae Feder o Reser,e 6Jnk D.ScGant Part r;rpast5
,.t merest rare wnl not nCOIJ+ 1oa,t ? a
Any ncrUlw will lake the !arm 01 ? '{ner Payment Jmounts ? i ?jger amount due it malunlr
it t", m!?rest Are increases br l facer L.. our t h"JI oil meMS al babel}e toS n/A ?vour Orgaal oJYmP!}
wn! 'crease to S Safe eri a,, 10 s Dula ? your final Payment nut ocreise to S ,/a
Security: You Ore giving a secuMp'nllesf in
? the good$ or Nioey, being PUranase•.1
l3 413 3rd St. N.C.
Filing Fat S 12.00
PrepaYmebt: If you Pay off early You am nat nave to PJy J oenJlly
See your contract aoCum!nls iO, JnY dddltipnAl, n!armdba' ao0Ul aCnpe frail( default any required toayment in uli before Ina scneduled
J16 security rle•e511. and Crewmen, •,,unds Ina oe,',A,
' Itemltahon of Amount Financec
Amount Finance0
,a 7,DDD.DD
Amount given to Vol directly
is 7,000.00
Amount Clio in you, xcoun:
S n/a
a nouns Cam lO OA!11 an vow ....
10 public Jlbcus
S ,]A
to msursnce :;moanv
t0 natao oY9.<
S n/a
S n/a
S ../n
Prepaid finance Charge
S as /a
s 7.000.00 personal rls PROMISSORY NOTE - DEMAND % `/ F bruAr 71.
FCR'YA RECEIVED AND INTENDING TO BE LEGASU BOUND you. me atrson at oersans was sign as Borrower at Co Signer below fit more roan one Carson sl;ni below eaclq R7
h of yP.
p'n:'.v Ina na seve,aurl. mamise :o oar to as
THE FIRST BANK AND TRUST COMPANY, Mechanlesburg, Pennsylvania 17055 r,
Seven Thousand S 00/00 ?I- - E
Of -0 air drdtr at mr of our turn: !Sae a..nnsal ;um m AlUPONDEMAND. logemer Ndnin lccraed•m,•est!ren duo lweresl snail accrueJddy on ml urodid P,mc ;a odldnce Jlme Oltm ? 10"7R ]e, Annum ?? pe•ID^,-
IDc,e Rate fine Vaeabe Rate I ? per annum ssale:ne _
Tml!•la Re",V! Ben. 0rtccunt Rap I'n_ :,scaum Rate I .n na event wm Ile nt...St tale oe mole AJr _
rss tiro _
'sofa sun surf as Sae demand ]aymtnt J' Sal sums Due
P' naO.a Snail x arable. on demand
Imx,est snail a, a....1, quarterly beginning Aor .15 , 1087
Security interest: AS Security lor •,eOlOr]t oayment 11'he;umi you one Jed l^e sraaa
oylymanCe o'AU,
ram
N
- _
Sit-Off Tile awgryes usI ghtol Set 41110 Any a, ICU, Prap!r'y In aur:caSe,VCn ltlr."-
O
nes,
i
nte.1. ITS me so aloners pall US J secur!I maresr nCUd?';JeoMd iUounis'':neins:^AI,VOU]ehu'l naml,-.,,:drt.'r' 4,lit.
?
r ?'fe ]!OOaL Oraperty aesc10ed n J Seoarale Security Agreement J® Ile roil- d 31V
`a or you, oroCer('V in our aOS;eSS,n r;:Udln{J2CJ}a dC:p+'di :1 the sit
O
IbOtNY IScr'Old in 3 seoarale Mort;age a no to, is checked. th s Note i'cSxCbM and O
I
PJYmmt of Proceeds: You aggEttitin, oaYmentotall ar oosol lne Plocead;)-i's Nptela
^
' Flood lnsuranae:10 c^tGed? ,:.Once .sr?_red It)'nst":^n:.-tat To
Ir
r 1
+ if 'you or to anyone else at your enecllon will be for the Caney at 1.1 JI r,a rest CaCen, [Viet?rat
Pitaymenr you mIV arepay Ine Pnnc,ca, Jue an this Nate in wnaleo, n oar( it in, time Properly Insurance Aga nst cry; by. JJmd;e •o :v real or Polsona, or:oe•!v seta' •-
n!' Ju! oerJar II oermdle PJ)menlf of Pnlbodl and/or Interest are reaurd raweVN J Note a 'rowan for I" lia !arm or Ire Note
OUT[ a ireDimem at FIT nOOal.Ht not e.ause 1111 ham Ma!m{ Jny}neamxd:armtnl it
. FLOOD,NSURANCE AND PROPERT'!;NSLIRANCE MAY BE OBTAINED '-ROU',H 4m
s,;E•
Zrritfa3 ,.JmesJUe
SSI)1.5o! ,
BROKER OR OTHER PERSON OF VOORLHCTE
THE ADD TIONAI PROVISIONS ON THE R EVERSE SIDE ARE PART OF THIS NOTE.
BY SIGNING BELOW. YOU AGREE TO BE lECALlY BOUND TO ALL OF THE TERMS AND CONDITIONS OF THIS NOTE.
YOU ALSO ACANOWLEOGE RECEIVING A COMPLETED COPY OF THIS NOTE.
0l Westover Dr. MoChanicsbura
Pa
1705
amranrrs_ nature
James A. Ball III .
.
5
Address
nn2rs iynatw2 _.- Address --
NOTICE TO CO-SIGNER
Iou are being asked to guarantee this debt. Think carefully before you do. If the Borrower doesn't pair the debt. you will hoye to.
Be sure Suit can afford to pas if you base lo. and that you want to accept this respomihilih.
ich ay hoe a 1eincreases pus this up to the full amount of the debt if the Harrow er does not The v. I you maI alw hay a to pas late fees or colfactirm
c oos 1bIs wh Ina
' amount.
The Creditor can collect this debt from Sou without first tn'ing to collect from the Borruwer. The Creditor can use the %ume
collection methods against sou that can he cord al aims the Borrower. such as suing Sou, etc. If this debt is slier in default, that fact may
become a part of your credit record.
Co-Signer tSurely Agreement 'YoLLIhP]2rtCntaraNJ1rJA;'m{iiCUsent, Coo. aramgea bit tJusortonr order anrtlaal Swn cri'Iererteraal'M :"'its 1}0rt.--
lint, Yaurule'd IOCe l0v tol"9:r JII V., !elms a,- PbtP it]JOI^f Jn01a{2IAPr n?m:`e3:r•ontr tauarenaV,rq!n.}arcm,leto^:uceustomike'^t CJr•p!"; Bpr•:..!•
i2.t^t^al.anm, omte,ds n Iloousedc.,'are,BallanYJ]?neM•:1Tittelnatw,mar see..T^+dlitepi,rentrro, IOU nmm,rom; mypoor lemane';: ]J,'IP'I p; ••+
6arrawal,1 au Jea anawledge rectum; J ca?no cosy ;r mss Notx
no
.l i{n..; JSnalnre quarts;
A. baLi
Norm SEE REVERSE SIDE FOR IMPORTANT INFORMATION rws e.•.:•._-yka g+r:
Exhibit. "A"
10.75 % I $ 752.50 I S 7,000.00 S 7,752.50 I
- `
Law Offices
SAIDIS, SNUFF & MASLAND
John E. A PROFESSIONAL CORPORATION
Sa
Robert C. . Sai dis
2109 Market Street • Post Office Box 737
Geoffrey S. Shuff Camp Hill, Pennsylvania 17001.0737
Albert H. Masland Telephone: (717) 737.3405 • Facsimile: (717) 737-3407
Johnna J. Deily
Richard P. Mislitsky t Email: sgsm@ezonline.com
James E. Reid, Jr.
Scott D. Moore
Karl M. Ledebohm July 8, 1999
Mark W. Allshouse
Carlisle Office:
26 W. High Street
Carlisle. PA 17013
Telephone: (717) 243.6222
Facsimile: (717) 243.6186
Reply To Camp Hip
VIA REGULAR AND CERTIFIED MAIL
Mr. James A. Ball. III
6101 Westover Drive
Mechanicsburg, PA 17055-2373
Mr. Walter Alan Ball
1107 Chumsford Drive
Mechanicsburg, PA 17055
Mr. James A. Ball, Jr.
6101 Westover Drive
Mechanicsburg, PA 17055-2373
RE: PNC Bank, National Association Loan Number 55000007446-00018
Property: 413 Third Street, New Cumberland, PA 17070 (The "Property")
Dear Mr. James A. Ball. III:
Dear Mr. Walter Alan Ball:
Dear Mr. James A. Ball, Jr.:
As you are aware, our firm represents PNC Bank, National Association ("PNC")
concerning the collection of the debt due to PNC under the above-referenced loan
number.
It has come to my attention that a check dated June 7, 1999, and tendered to a
PNC branch in the amount of $3,636.46 in payment of the above-referenced loan has
been returned due to insufficient funds. A copy of the check is enclosed for your
reference.
As such. the balance of the loan remains due and owing to PNC. The amount due
to PNC as of Julv 7, 1999, is in the amount of $3,667.53 calculated as follows:
Cant j e\ c. da rrtel AJIncmt by the N.monal auuJ nt Tnnl ,\Jeacacy
A Pennayl ..n,? Supreme Cawt AsrtJneJ Aytmy
Exhibit B
Mr. James A. Ball, III
Mr. Walter Alan Ball
Mr. James A. Ball, Jr.
July 8, 1999
Page 2
I. Principal $3.487.76
2. Interest through July 7, 1999:
179.77
3. Total due to PNC as of July 7, 1999: $3,667,53
PNC hereby demands immediate payment in the amount of $3,667.53 plus
additional interest to the date of payment. Unless payment of the $3,667.53 plus
additional interest at a per diem rate of $1.04 per day through the date payment is
tendered to my office as set forth in the Notice of Default and Intent to Foreclose under
Act 6 (the "Act 6 Notice") previously provided on or before July 14, 1999, PNC has
instructed our firm to pursue its rights and remedies as set forth in the Act 6 Notice.
CHECKS MUST BE IN THE FORNI OF A BANK OR CERTIFIED
CHECK AND. MADE PAYABLE TO "SAIDIS, SHUFF & MASLAND". Upon
receipt of payment I will remit payment to PNC and instruct PNC to close the above
account.
This letter shall be without prejudice to and shall not be deemed a waiver or
postponement of any rights and remedies available to PNC, including, without limitation,
PNC's rights to accept partial payments without waiving demand for payment in full of
all obligations due under the above-referenced obligation or without reinstating the
borrower's obligation. Neither this letter nor any subsequent discussion shall be deemed
offers to extend the maturity of the loan or otherwise waive any defaults thereunder.
Pursuant to the Fair Debt Collection Practices Act, I am required to inform you
that this letter is an attempt to collect the debt and any information obtainable to be used
for that purpose.
Very Truly Yours.
SAIDISr3 UFF AND NIAS ^AND
,
K?rIvI. Ledebbh
K1bIL/tle
Enclosure
cc: Anura Unger (w/o encl.)
c
C
u
0
Z 353 238 837
US Postal Service
Receipt for Certified Mail
No Insurance Coverage Provided.
On not uaa Inr Intamnllnnal Mail /.Sao rovancwl
Sent to
Street a Number
Post OlACe, $MS. a ZIP Code
Postage $ J
Carded Fee C
Special Delivery Fee
Restricted Delivery Fee
Rehm Ra Showing to
• whom a Data Delivered
F Ream Receipt Shoeing to Whom,
• DNe.tlAdersaWsAddreu
TOTAL Postage a Fees
I $
! Postmark or Date
N1 /
m
s
O
m
Pa
E
4
a
?e
Z 3S3 238 836
US Postal Service
Receipt for Certified Mail
No Insurance Coverage Provided.
?n not taco Inr Inremullnnnl IL.n rem.. .......???
sent to
sheet a Number
Post Orca. State, a ZIP Code
Postage $
Cadided Fee / _ / (? ,
Special Delivery Fee
Restrved Delivery Fee
Return Receipt showing to
Whom a Data Delivered
/ - S
lia
Dale. tumA S Addes iresseestgergbi Address
Da
TOTAL Postage a Fees (-?
rJ 9 J
Postmark or Dale
Z 353 238 838
r
C
a
C
u
i;
US Postal Service
Receipt for Certified Mail
No Insurance Coverage Provided.
Do not use for Intamalinnal uall tcm m,.e.cal
Sentlo
Steel a Number
Post Omce, Stale. a ZIP Code
Postage $ r 3.?
Cendied Fee .c? Q
I
Special Delivery Fee
Reserved Delivery Fee
Wh.. Showing to
Re ". Receipt
' Yfiom a Date Delivertd
Z
F Rehm Recept Sho.eg to Whom,
Date, A Addressees Address
TOTAL Postage a Fees
7
$
98
Postmark or Date
o SENDER:
b O Complete -1111 1 endipr 2 for adds, I stmt". one
el Complete ilema 3. 4a• end 4b.
`d p Pnnl your name and address on the
card to you rewne Of this loan so that we can return Ihn
a
d Attach this loan la the front of the madpiece, or on IM bacF
O permit it span does net
0 Wnte 'Realm RMwpt Rpusslad'on the maiipiebe below the article number.
O The Return Receipt will mow to whom the amda
O deiwered was delivered AN the dale
.
3. A"ICW Addressed to
m
w
.&/Li/ t6d es4cz c rr- Dr, ;Lc
y1 7
37.3
5. Received By: (print Name)
45
v C: i /'l ( ti
to
8. Signatu (Addressee orAgenf/
T
N
PS Form 3811, December 1994
C•
d
m
N
`N
m
L_
e
0
a
v
E
du
0
O
Q
0
O
T
N
I also wish to receive the follow.
Ing services (for an extra fee):
1 O Addressee's Address
2. O Restricted Delivery
?3 5'3,23 8 ? 3 ?"
? Registered pLer ifled
? Express mail ?insured
1113alu n Receipt for Merchandise ? COD
fee IS paid)
IVZ595.99 0.0223
I also wish to receive the follow-
- Complete items 1 ancVcr 2 for addrtmnal services. Ing services (for an extra fee):
Cpmplele hems 3. 4a. and 4b.
? Pent your name and address on the reverse Of this form so that we can velum this
card to you. 1. ? Addressee's Address
O Attach Ihrs form to the front al the mailpiece, or on the back it space don not
perms. 2. ? Restricted Delivery
O Wells 'Realm Receipt Requested' on the mailpiece wow the article number.
O no Return Receipt will show to whom the article was delwered and the date
deliyered.
3. Article Atltlressed to: 4a. Article Number
nlr•?JnusA.3N1J? 35323.1Y3(v
S+Li't- f' l„ r b? 0 Service Type
61C I ???e ? Registered B"Eerblied
?17I i?V3?f11 LSbtCI -: r(;.. ?Express Mail ?Insuretl
®iieturn Receipt for Merchandise ? COD
/ 1_1 T? -? J 73
fee is Pero)
Form 3d 11, December 1994 102595 99 a-0223
MORTGAGE
THIS MORTGAGE is made the 23
.. ._ .
.
James A 6a11 III and ('loiter A. gall . . ..........
(hereinafter whether one or more called "Mortgagor'')
and THE FIRST BANK AND TRUST COMPANY, MechanlesbIT& Pennsylvania 17055
(hereinafter called'•M1lortgagee");
In consideration for and to secure payment to Mortgagee by __ ...... J.ame.
.
. s. ... A..,... Ball III & Walter A. Ball
................. .
................
....I insertNames of Borrawenl ' ,-I .. ........ . I ..""
of a loan and anv interest and costs due thereon evidenced by a Loan Note dated ...........February 23I9 ...87 in the amount of
t ............... 7.000..00
ixdmtClagyl}mB (stnkc inapplicable wrm 167
any other loan nose orOther agrceme.. which maybe substituted therefor, any or allofwhicch are hereinafter aleld`Note") and performance ofall conditions,
covenants and obligations contained herein and in the Vote and any other loans or other obligations of Mortgagor to Mortgagee now existing or hereafter
incurred, the Mortgagor does by these presents grant, bargain, sell. convey and mortgage unto the Mortgagee, ALL the following described real estate situate in
the (6;AXX4da0njl Borough) of.. . Netir. Cumberland.._._ . Commonwealth of Pennsylvania. (hereinafter called "Premises") known and designated as
413 Third St. New Cumberland
......sCreei' ?a'a'r<ss ..................................................................... .. .. .. ... ...Cumberland
.................................................................................................................
Municipality County ...........
Pennsylvania, conveyed to the Mortgagor by Deed dated ..............June....10.,......_.. , 19 ..
.$.$. duly recorded in the office for the Recording of Deeds in said
County in Deed Book No....l'H". 31 720
.°°- Page .......................... as the Premises are therein described and. ifnecessary. as more particularly described as
follows or on the reverse side hereof.
TOGETHER with all the buildings and improvements thereon and additions and alterations thereto, including all alleys. passagewavs, rights. liberties.
Privileges, hereditaments and appurtenances whatsoever thereunto belonging or appertaining.
TO HAVE AND TO HOLD the Premises hereby granted and conveyed unto Mortgagee, to and for the use and behoof of Mortgagee, its successors and
assigns. forever.
THIS MORTGAGE IS MADE subject to the following conditions, covenants and obligations:
a. All payments on the Vote will be made when due, including pavments due by acceleration of maturity, and all other conditions. covenants and
obligations as required or provided herein, in the Note, or in any other obligation of Mortgagor to Mortgagee, will be performed; and
b. Mortgagor covenants and warrants that Mortgagor has
< gn will fee simple title to the Premises and the right to mortgage the Premise(: and
. anst th pay when due all rases and assessments and other governmental charges. including electricity, water and sewer rents levied or
assessed against the Premises or any part thereof, and will deliver receipts therefor to the Mortgagee upon request, and shall pay when due all amounts
secured by any prior lien on the Premises: and
d. Mortgagor will keep the Premises insured against fire and such hazards in such amount or amounts as may be required by the Mortgagee and the
policies and renewals evidencing such insurance shall have attached thereto a loss payable clausetss in form acceptable to the Mortgagee; and
c. Sfortgagor will neither sell. assignor transfer any or all of the Premises or any interest therein nor commit nor sufferany strip, waste. impairment or
deterioration at the Premises and will maintain the same in good order and repair: and
f. In thecvantga of any iondefault nthe making ofany payme
C.nenams and obligations contained hare nt due and payable under the Note. or in the keeping and performance ofany of the conditions.
m Orin the Note. Orin any other obligation of mortgagor to Mortgagee. Mortgagee may. upon timely notice to
.M urtgagor I f required h' law, i i) forthwith bring anv action of mortgage foreclosure hereon, or institute other foreclosure proceedings upon this Mortgage,
and may proceed lu judgment and execution to recover the balance due on the Note and any Other sums that may be due thereunder. including attorneys'
fees. costs of suit and costs of sale tot he cs tent. if anv, provided in t he Note and permitted by law. and (ii) enter into possession of Premises, with or without
legal action. lease the same, collect all rents and Prnlits therefrom and. after deducting all costs of collection and administration expense, apply the net rents
and profits to the payment of taxes and other necessary maintenance and operation costs (including agents fees and attorneys fees( or on account of the
Note. to such order and amounts as Mortgagee to Mortgagee's sole dhcretion may elect and Mortgagee shall be liable to account only for rents and profits
actually received by Mortgagee; and
g. Mortgagor hereby waives and releases all benefit and relief from any and all appraisement. stay and exemption laws now in force or hereafter passed.
either for the benefit or relief of Mortgagor, or limiting the balance due to a sum not in excess of the amount actually paid by the purchaser of the Premises at
a safe thereof in anyjudieial proceedings upon this Mortgage, orexempting the Premises, or any pan of the proceeds of sale thereof, from attachment, levy or
sale under execution. or providing for any stay of execution or other process.
BUT ALWAYS PROVIDED. nevertheless, that if this Mortgage and the debt hereby secured are paid in full in the manner provided in the Note. then this
Mortgage and the estate hereby granted shall cease and determine and become void. anything herein to the contrary notwithstanding.
The covenants and conditions herein contained shall bind and the benefits and advantages shall inure to the respective heirs, executors, administrators,
successors. and assigns of the parties hereto. Whenever used. the singular number shall include the plural. the plural and the singular and the use of any gender
shall be applicable to all genders.
Payment of this Mortgage is subject to the terms and conditions of the Note referred to above.
IN W IIINESS WHEREOF the Mortgagor has here nto set hand and sal the day and year first above written.
?? l^y, James A. Ball III
y 6!/
(SEAL)
... •• . . (SEAL)
ort a or r , lottgagar '
_1 f? , / ?? ' [falter A. Ball'
?l (SEAL( ..................... . .................. rtgagor ._. Sfungagor'........._.. (SEAL)
BANCONSUMER ' BOOK FORM PA INIRSV)1171 Exhibit "C" ERR 653 PACE 814 a 1995 BA%CONS1MER SERVICE. INC.
day of. Februarv 87
-'-- - . 19 between
DESCRIPTION OF PREMISES
(Insert specific description of Premises, if necessary.)
ALL THAT CERTAIN
Y
t?
?l
T 1 ?'
o _
N `
N
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ........ Cumberland Ss
Onthis ......... ...........d23rdayof ... ..... February (9..........
..
..e . , before me the subscriber, a Notary Public in and for the Commonwealth ofPennsylvania,?
the undersigned officer, personally appeared. ,James A. Ball III and Walter A. Ball
known (o satisfactorily ................................................................ ...... ............................. ........ ...................................... .................. ...
proven) tome to be thewhosena....me(s)is(are)subscribed to the above Mortgage and acknowledged execution of the same for
the purposes therein contained .
and that, being authorized so to and dodesired thatit be be rec recordedassuch, acknowledged himself to bea(Vice) President of the Mortgagor (its Corporation),
, he executed the above Mortgage a as s and and for the act and deed of the Corporation by signing the name ofSh Corporation by
himself as (Vice) President and causing the Corporate seal to be applied thereto, and desired the same to be recorded as such. ?S
r
WITNESS my hand and official sea[ the day and year aforesaid.
Votary Public ••
I certify that the precise residence of the within-named MORTGAGEE, is MARY E. WH .E. NOTARY PUBLIC -
MECHAN!=UR3 BORO. CUMBERLAND COUNTY ?• ??. j:
Main and Market Sts. Mechanicsburg CumberllO dO.'.IhIIS)QI,E%PIRtME
9.L9li,'•;';.;. .7
........Y^ ................... ....... ...;;;: .......................... :......................................................al..nh., p....V1V].i. A.... j.,i...l Ya.,.:.. •.
signature
a
N
t
P
O
Z
s
a°
Agent On behalf of
.n
J
• ;fit.
• O t
• •,N, i
3 7
n
7 ^q
d W
7 .1
N• N
n rt
O' t7
c m
? F
w c. O
.- n
V C
O of
N R
0
S
Z
3
A
H
0
S
Y
O
FO 553
8
Z C.
rt m
K VI
a9
mw 3
w ?
3 a
n
M
7 p
z
KOz
>`
z >
John E. Slike
Robert C. Salck
Geoffrey S. Shuff
Albert H. Masland
Johnna J. Deily
Richard P. Mislitsky I
James E. Reid, Jr.
Scott D. Moore
Karl M. Ledebohm
Mark W. Alishouse
Law OtFces
SAIDIS, SHUFF & MASLAND
A PROFESSIONAL CORPORATION
2109 Market Street • Post Office Box 737
Camp Hill, Pennsylvania 17001.0737
Telephone: (717) 737.3405 a Facsimile: (717) 737.3407
Email: sgsm@ezonline.com
IMPORTANT: NOTICE OF DEFAULT AND
INTENT TO FORECLOSE UNDER ACT 6
June 7, 1999
RE: PNC Bank, National Association
Loan Number 55000007446-00018
Address of Mortgaged Property: 413 Third Street
New Cumberland, PA 17070
TO: James A. Ball, III
6101 Westover Drive
Mechanicsburg, PA 17055-2373
FROM: PNC Bank, National Association
Carlisle Office:
26 W. High Street
Carlisle, PA 17013
Telephone: (717) 243.6222
Facsimile: (717) 243.6436
Reply To Camp Hill
THIS IS A NOTICE OF DEFAULT AND OF THE INTENT OF PNC BANK,
NATIONAL ASSOCIATION TO FORECLOSE ON YOUR MORTGAGE. PLEASE
READ ALL OF THIS NOTICE.
PNC Bank. National Association ('•PNC") holds a Promissory Note which is signed by
James A. Ball. III and Walter A. Ball dated February 23, 1987, in the original amount of 57,000.00.
PNC also holds a mortgage on your residence at the above address, securing the note (bond).
Your mortgage is in serious default because you have failed to Dav when due principal in
the amount of $3.487.76 and interest to June 7, 1999 to the amount of $148.70. THE TOTAL
AMOUNT YOU NOW OWE IS 53,636.46.
You may CURE THE DEFAULT and restore the mortgage to the same position as if the
default had not occurred by Paving to us in full the amount of $3.636.46 WITHIN THIRTY 30
DAYS after the date of the notice
Payment of the amount of principal and interest to June 7, 1999, now totaling S3,636.46
plus any installment that becomes due before PNC receives payment, as provided above) must be
CenifieJ a..i Cnd Tnal Ad,-,,ate b., the A.umnul aaud ur Tr,,l AJvacacy
A Penn..hania Supreme Cmll Accredired ASenc?
EhlilAt -D-
made by
cash, cashier's check or certified check.
Payment may be mailed to the offices of PNC Capital Recovery Corp., Two Tower
Center Boulevard, 22 Floor, East Brunswick, New Jersey 08816,Attention: Anura Unger.
If payment is not received within THIRTY (30) DAYS AFTER THE DATE OF THIS
NOTICE, PNC MAY, WITHOUT ANY FURTHER NOTICE TO YOU, DO ANY OF THE
FOLLOWING:
(1) ACCELERATE THE MATURITY DATE OF THE MORTGAGE AND
DECLARE THE ENTIRE ANIOUI,T OF THE UNPAID PRINCIPAL BALANCE of the
mortgage, and all other sums due utder the mortgage TO BE IMMEDIATELY DUE AND
PAYABLE. This means that, unless you cure the default in accordance with this notice, you could
immediately owe to us this fid! sum, )Ius other sums that may then be due.
(2) BEGIN LEGAL PROCEEDINGS TO FORECLOSE UPON THE MORTGAGE
IN WHICH PROCEEDINGS THE SHERIFF MAY SELL YOU HOUSE.
(3) TAKE POSSESSION OF POUR PROPERTY, and proceed to have you ejected from
the property.
(4) SUE YOU PERSONALLY FOR THE SAID UNPAID PRINCIPAL BALANCE
and other sums due under the mortgage.
WARNING: If you pay the amount more than thirty (30) days after the date of this notice,
and PNC has referred this matter to its lawyers for legal action, you may have to pay an
attorney's fee of up to 550.00 and the cost of the title search and report, in addition to the
other amounts due, in order to cure the default. Furthermore, if you pay the amounts due
more than thirty (30) days after the date of this letter and PNC's lawyers have started legal
proceedings. you may have to pay additional legal expenses, including court costs and
attomev's fees that may exceed $50.00, in order to cure the default.
If you pay the amounts due more than thirty (30) days after the date of this notice, you must
contact Anura Unger, PNC Capital Recovery Corp., Two Tower Center Boulevard, 22"d
Floor, East Brunswick, New Jersey 08816, telephone number (732) 220-3663 to find out the
exact amount you must pay in order to cure the default.
. c we oa¢ VII laC
day your Property is scheduled for Sheriff Sale. A notice of the date of the Sheriff Sale will be
sent to you before the sale. Please remember, however, that the amounts due will increase the
longer you wait to cure the default.
You also have the right to sell or transfer vour Property subject to the mortgage with
PNC's Permission: and the buyer or transferee will have the same right as you do to cure the
default. You also have the right to refinance the mortua a with, or obtain a new mortgage
from another bank or lender.
Am' sale. transfer or refinance must be completed by, and notice thereof must be given on
. _ ..L"
or before one (1) hour before the time set for the Sheriffs Sale.
You have the right to cure a default, after notice of default from PNC,
in any calendar year. th
anlythrees alames
?3_
SPECIAL NOTICE
Your payment
, in its PNC of sole less
default, and while PNC than the total amount you NOW owe will not cure
discretion may accept a partial
payment not waive its right to proceed with any your
of the remedies described hereitbut will only reduce eyo
total balance owing on the mortgage. Pursua
the letter is an attempt to collect a debt ebtCande any information obtaind will be used for that ur
important notice of rights is stated on the back side of this letter. y that this
purpose. An
SAIDIS, SHUFF AND MASLAND
Karl iv . Ledebohm, Esquire
Counsel for PNC Bank, National Association
KML/jas
cc: Anura Unger
NOTICE
This letter is an attempt to collect a debt.
If you dispute the validity of this debt, or any portion thereof, and you contact the
undersigned within thirty (30) days after receipt of this Notice, you will be furnished with written
verification of the debt; provided, that if a lawsuit has been filed against you to collect this debt
before the expiration of the thirty (30) days, the complaint filed in said lawsuit will constitute
written verification of the debt.
If you do not dispute the debt or any portion thereof as stated above, the undersigned will
assume the debt is valid.
If the original creditor of this debt is different from the creditor stated on the front page of
this letter, the undersigned will provide you with the name and address of the original creditor upon
written request from you within thirty (30) days of receipt of this notice.
The undersigned means the name signed at the end of this letter appearing in print at the
top of the front of this letter.
PS Form 3800, April 1995
1 t N
n
U.S. POSTAL SERVICE CERTIFICATE OF MAILING
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAID, DOES NOT
PROVIDE FOR INSURANCE - POSTMASTER
ReOrrnp Fla.
s r, ark-t Street
Fri 7011
One piece of ordinary mail aaarossea 10
Jl. nh' {I. If rl r"
Ili-. l j)t r' 71' 1?( 7T
_
PS Form 3817, Mar. 1989
obAm-.- Mm _
3 m
ga.rli
0 9
3a0
f a.
YL
I ?
I
v SENDER:
a 0 Complete items t andvor2 for addarcnal services I also wish CO receive NB follow.
N .
Complete Items 3,4a. and 40. ing services (for an extra fee):
j O Print your name and address on the reverse of this form 0 that we can return this
card 10 you
.
o Attach time farm to the front of me mallplece. or on the birch if space does not
1. O Addressee's Address
L permit,
O winter 'Refum Receipt Ra4uesre0'an Ine mailplece below the amcle number 2. 0 Restricted Delivery
L
a .
0 The Return Receipt will show to wham the amcla was delivered and the dale
delivered.
'
.;tic ? I\ t•?: ,?ll I?i•1. %...._. ??,? i? I•?-
4b. Service Tvpe
? Registered @CgrflBed
_ ? Express mail ? Insured
? Return Receipt for Merchandise Ocoo
7. Date of DBlfveru
lee is paid)'„
N
N
W
to
W
W
N
C3
br
V
u
i
c
0
C
e
i
December 1994 102535-N B-0223
d SENDER:
p pomplade 110.51 a
an for aatliuonal5erv¢ea.
Com
l
t
i I also wish receive the follow-
ing services (IOf an extra leap
H a,
p
a and d ab.
e
e
tems a
d
p card your name and atltlrasa an ins reverse of this farm so that we can return Inns
m cam m you
p Attach this form to me Irons of the manpiace. or an the eack it space ooe5 rat
1. O Addressee's Address
m pert.
W
' 2. O Restricted Delivery
nte
0
Return Recerpr Rertuesrad-on the n14110eoe below the article numoer.
p rho Return ABaelpt will show to wh
m th
^ o
e article was delivered and the date
„e,1e..A
----- -- re. nntae Numper
4b. Service Typa
? Registered Ikea
? Express Mall ? Insured
? Retum Receipt for Mercnendise ?COD
7. Date?61 livery
.
?7 L /A
c• 6. Signatpre (Addressee or Agent
N•1 Z .I
fee 1s paid)
s Form 3811, December 1994 mzspsaseozza
Law Offices
SAIDIS, SHUFF & MASLAND
John E. A PROFESSIONAL CORPORATION
C. . Sai Saidis
Robert 2109 Market Street a Post Office Box 737
Geoffrey S. Shuff Camp Hill, Pennsylvania 17001-0737
Albert H. Masland
Johnna J. Deily Telephone: (717) 737.3405 a Facsimile: (717) 737-3407
Richard P. Mislitsky ; Email: sgsm@ezonline.com
James E. Reid, Jr.
Scott D. Moore IMPORTANT: NOTICE OF DEFAULT AND
Karl M. Ledebohm INTENT TO FORECLOSE UNDER ACT 6
Mark W. Allshouse
June 7, 1999
RE: PNC Bank, National Association
Loan Number 55000007446-00018
Address of Mortgaged Property: 413 Third Street
New Cumberland, PA 17070
TO: James A. Ball, III
413 Third Street
New Cumberland, PA 17070
FROM: PNC Bank, National Association
Carlisle Office;
26 W. High Street
Carlisle, PA 17013
Telephone: (717) :43.6222
Facsimile: (717) 243.6486
Reply TbCanp Hin
THIS IS A NOTICE OF DEFAULT AND OF THE INTENT OF PNC BANK,
NATIONAL ASSOCIATION TO FORECLOSE ON YOUR MORTGAGE. PLEASE
READ ALL OF THIS NOTICE.
PNC Bank, National Association ("PNC") holds a Promissory Note which is signed by
James A. Ball, III and Walter A. Ball dated February 23, 1987, in the original amount of $7,000.00.
PNC also holds a mortgage on your residence at the above address, securing the note (bond).
Your mortgage is in serious default because you have failed to pay when due principal in
the amount of $3,487.76 and interest to June 7, 1999 in the amount of $148.70. THE TOTAL
AMOUNT YOU NOW OWE IS $3,636.46.
You may CURE THE DEFAULT and restore the mortgage to the same position as if the
default had not occurred by paving to us in full the amount of $3,636.46 WITHIN THIRTY (30)
DAYS after the date of the notice
Payment of the amount of principal and interest to June 7, 1999, now totaling $3,636.46
plus any installment that becomes due before PNC receives payment, as provided above) must be
Certified „? Civil Tnnl Advncarc by the National Raard of Tnel Advocacy
A Pennrylvama Supreme Court Accredited Agency
Dd'n17Lt. -D-
made by cash. cashier's check or certified check.
Payment may be mailed to the offices of PNC Capital Recovery Corp., Two Tower
Center Boulevard, 22nd Floor, East Brunswick, New Jersey 08816,Attention: Anura Unger.
If payment is not received within THIRTY (30) DAYS AFTER THE DATE OF THIS
NOTICE, PNC MAY, WITHOUT ANY FURTHER NOTICE TO YOU, DO ANY OF THE
FOLLOWING:
(1) ACCELERATE THE MATURITY DATE OF THE MORTGAGE AND
DECLARE THE ENTIRE AMOUNT OF THE UNPAID PRINCIPAL BALANCE of the
mortgage, and all other sums due under the mortgage TO BE IMMEDIATELY DUE AND
PAYABLE. This means that, unless you cure the default in accordance with this notice, you could
immediately owe to us this full sum, plus other sums that may then be due.
(2) BEGIN LEGAL PROCEEDINGS TO FORECLOSE UPON THE MORTGAGE
IN WHICH PROCEEDINGS THE SHERIFF MAY SELL YOU HOUSE.
(3) TAKE POSSESSION OF YOUR PROPERTY, and proceed to have you ejected from
the property.
(4) SUE YOU PERSONALLY FOR THE SAID UNPAID PRINCIPAL BALANCE
and other sums due under the mortgage.
WARNING: If you pay the amount more than thirty (30) days after the date of this notice,
and PNC has referred this matter to its lawyers for legal action, you may have to pay an
attorney's fee of up to $50.00 and the cost of the title search and report, it. addition to the
other amounts due, in order to cure the default. Furthermore, if you pay the amounts due
more than thirty (30) days after the date of this letter and PNC's lawyers have started legal
proceedings, you may have to pay additional legal expenses, including court costs and
attorney's fees that may exceed $50.00, in order to cure the default.
If you pay the amounts due more than thirty (30) days after the date of this notice, you must
contact Anura Unger, PNC Capital Recovery Corp., Two Tower Center Boulevard, 22"d
Floor, East Brunswick, New Jersey 08816, telephone number (732) 220-3663 to find out the
exact amount you must pay in order to cure the default.
day vour property is scheduled for Sheriff Sale. A notice of the date of the Sheriff Sale will be
sent to you before the sale. Please remember, however, that the amounts due will increase the
longer you wait to cure the default.
You also have the right to sell or transfer your property subiect to the mortgage with
PNC's permission: and the hover or transferee will have the same right as you do to cure the
default. You also have the right to refinance the mortgage with or obtain a new mortgage
from another bank or lender.
Any sale, transfer or refinance must be completed by, and notice thereof must be given on
or before one (1) hour before the time set for the Sheriffs Sale.
You have the right to cure a default, after notice of default from PNC, only three (31 times
in any calendar year.
SPECIAL NOTICE
Your payment to PNC of less than the total amount you NOW owe will not cure your
default, and while PNC, in its sole discretion may accept a partial payment, such acceptance will
not waive its right to proceed with any of the remedies described herein, but will only reduce your
total balance owing on the mortgage.
Pursuant to the Fair Debt Collection Practices Act, I am required to inform you that this
letter is an attempt to collect a debt and any information obtained will be used for that purpose. An
important notice of rights is stated on the back side of this letter.
SAIDIS, SHUFF AND MASLAND
By
Karl . Ledebohm, Esquire
Counsel for PNC Bank, National Association
KML/jas
cc: Anura Unger
NOTICE
This letter is an attempt to collect a debt.
If you dispute the validity of this debt, or any portion thereof, and you contact the
undersigned within thirty (30) days after receipt of this Notice, you will be furnished with written
verification of the debt; provided, that if a lawsuit has been filed against you to collect this debt
before the expiration of the thirty (30) days, the complaint filed in said lawsuit will constitute
written verification of the debt.
If you do not dispute the debt or any portion thereof as stated above, the undersigned will
assume the debt is valid.
If the original creditor of this debt is different from the creditor stated on the front page of
this letter, the undersigned will provide you with the name and address of the original creditor upon
written request from you within thirty (30) days of receipt of this notice.
The undersigned means the name signed at the end of this letter appearing in print at the
top of the front of this letter.
I
CD
R1
N
m
m
ul
m
I
i V
MAILING
U.S. POSTAL SERVICE CER FICATE -F&
FUV BE USED FOR DOMESTIC AND INTERNATIONAIL, DOES NOT
PROVIDE FOR INSURANCE - POSTMASTER
R- w&SiciS, Sr-''f & Ma,;land
2109 Mark-pi rtrept
Camp Hill, PA 17011
One PM UI oldn" mall bd&e am:
In- me s A. -111 _7 Z
4113 1 h,nd S,-,-t4
nIF rI, k l- ?r A
I
PS Form 3817, Mar. 1989
Law Offices
SAIDIS, SHUFF & MASLAND
John E. Slike A PROFESSIONAL CORPORATION
Robert C. Saidis 2109 Market Street • Post Office Box 737
Geoffrey S. Shuff Camp Hill, Pennsylvania 17001.0737
Albert H. Masland
Johnna J. Deily Telephone: (717) 737-3405 • Facsimile: (717) 737-3407
Richard P. Mislitsky ` Email: s sm@ezonline.com
B
James E. Reid. Jr.
Scott D. Moore IMPORTANT: NOTICE OF DEFAULT AND
Karl M. Ledebohm INTENT TO FORECLOSE UNDER ACT 6
Mark W. Allshouse
June 7, 1999
RE: PNC Bank, National Association
Loan Number 55000007446-00018
Address of Mortgaged Property: 413 Third Street
New Cumberland, PA 17070
TO: Walter Alan Ball
1107 Chumsford Drive
Mechanicsburg, PA 17055
FROM: PNC Bank, National Association
Carlisle Office:
26 W. High Street
Carlisle. PA 17013
Telephone: (717) 243.6222
Facsimile: (717) 243.6486
Reply To Camp Mil
THIS IS A NOTICE OF DEFAULT AND OF THE INTENT OF PNC BANK,
NATIONAL ASSOCIATION TO FORECLOSE ON YOUR MORTGAGE. PLEASE
READ ALL OF THIS NOTICE.
PNC Bank. National Association ("PNC") holds a Promissory Note which is signed by
James A. Ball, III and Walter A. Ball dated February 23, 1987, in the original amount of $7,000.00.
PNC also holds a mortgage on your residence at the above address, securing the note (bond).
Your mortgage is in serious default because you have failed to nay when due Principal in
the amount of $1,487.76 and interest to June 7, 1999 in the amount of $148.70. THE TOTAL
AMOUNT YOU NOW OWE IS 53,636.46.
You ma_v CURE THE DEFAULT and restore the mortgage to the same Position as if the
default had not occurred by Pavine to us in full the amount of $3.636.46 WITHIN THIRTY (30)
DAYS after the date of the notice.
Pa%Tnent of the amount of principal and interest to June 7, 1999, now totaling $3,636.46
plus any installment that becomes due before PNC receives payment, as provided above) must be
Certified a. a Crad Tnal Advncate by the N.monul Boa d or Tnal Advacncy
A Penmyh:mi, Suprcmc Gmrr A:.rcdited Agency
E41ilAt -D-
made by cash, cashier's check or certified check.
Payment may be mailed to the offices of PNC Capital Recovery Corp., Two Tower
Center Boulevard, 22nd Floor, East Brunswick, New Jersey 08816,Attention: Anura Unger.
If payment is not received within THIRTY (30) DAYS AFTER THE DATE OF THIS
NOTICE, PNC MAY, WITHOUT ANY FURTHER NOTICE TO YOU, DO ANY OF THE
FOLLOWING:
(1) ACCELERATE THE MATURITY DATE OF THE MORTGAGE AND
DECLARE THE ENTIRE AMOUNT OF THE UNPAID PRINCIPAL BALANCE of the
mortgage, and all other sums due under the mortgage TO BE IMMEDIATELY DUE AND
PAYABLE. This means that, unless you cure the default in accordance with this notice, you could
immediately owe to us this full sum, plus other sums that may then be due.
(2) BEGIN LEGAL PROCEEDINGS TO FORECLOSE UPON THE MORTGAGE
IN WHICH PROCEEDINGS THE SHERIFF MAY SELL YOU HOUSE.
(3) TAKE POSSESSION OF YOUR PROPERTY, and proceed to have you ejected from
the property.
(4) SUE YOU PERSONALLY FOR THE SAID UNPAID PRINCIPAL BALANCE
and other sums due under the mortgage.
WARNING: If you pay the amount more than thirty (30) days after the date of this notice,
and PNC has referred this matter to its lawyers for legal action, you may have to pay an
attorney's fee of up to $50.00 and the cost of the title search and report, in addition to the
other amounts due, in order to cure the default. Furthermore, if you pay the amounts due
more than thirty (30) days after the date of this letter and PNC's lawyers have started legal
proceedings, you may have to pay additional legal expenses, including court costs and
attorney's fees that may exceed $50.00, in order to cure the default.
If you pay the amounts due more than thirty (30) days after the date of this notice, you must
contact Anura Unger, PNC Capital Recovery Corp., Two Tower Center Boulevard, 22"d
Floor, East Brunswick, New Jersey 08816, telephone number (732) 220-3663 to find out the
exact amount you must pay in order to cure the default.
day your Property is scheduled for Sheriff Sale. A notice of the date of the Sheriff Sale will be
sent to you before the sale. Please remember, however, that the amounts due will increase the
longer you wait to cure the default.
You also have the right to sell or transfer vour property subiect to the mortgage with
PNC's permission: and the buyer or transferee will have the same right as you do to cure the
default. You also have the right to refinance the mortgage with or obtain a new mortgage
from another bank or lender.
Any sale, transfer or refinance must be completed by, and notice thereof must be given on
or before one (1) hour before the time set for the Sheriffs Sale.
You have the right to cure a default, after notice of default from PNC, only three f3) times
in any calendar year.
SPECIAL NOTICE
Your payment to PNC of less than the total amount you NOW owe will not cure your
default, and while PNC, in its sole discretion may accept a partial payment, such acceptance will
not waive its right to proceed with any of the remedies described herein, but will only reduce your
total balance owing on the mortgage.
Pursuant to the Fair Debt Collection Practices Act, I am required to inform you that this
letter is an attempt to collect a debt and any information obtained will be used for that purpose. An
important notice of rights is stated on the back side of this letter.
SAIDIS, SHU/F?F AND MASLAND
Karl M. Ledebohm, Esquire
Counsel for PNC Bank, National Association
KIvlUjas
cc: Anura Unger
NOTICE
This letter is an attempt to collect a debt.
If you dispute the validity of this debt, or any portion thereof, and you contact the
undersigned within thirty (30) days after receipt of this Notice, you will be famished with written
verification of the debt; provided, that if a lawsuit has been filed against you to collect this debt
before the expiration of the thirty (30) days, the complaint filed in said lawsuit will constitute
written verification of the debt.
If you do not dispute the debt or any portion thereof as stated above, the undersigned will
assume the debt is valid.
If the original creditor of this debt is different Etom the creditor stated on the front page of
this letter, the undersigned will provide you with the name and address of the original creditor upon
written request from you within thirty (30) days of receipt of this notice.
The undersigned means the name signed at the end of this letter appearing in print at the
top of the front of this letter.
M
In m e
2 .v
C3 _ 4
.
M1 -o
M
M yvs;
In O -`
m to C
P4
?,?ma9
a ? 5 c
7 2 C
J Sd
7
1 i
d - u0
-
- LL g /
. ? pl d
a
?^ p z o a ? s
J
p/ 2
ea 8?
q y
y o"
'a E c,°a ??
6 a
J 1 1y
$ bd
- YW
Sti6o fuuw OOBG--Zf bd 5n
X SENDER: I also wish to recelve the tyliow-
'i ing services (tor an extra tee):
C) complete name 1 Arnold, 2101 etldllionel services.
• Complete items 3. ae. and ab.
@[pC p prim your name and address on the rwarsa of mn loan so that wx can return this
0 Addressee's Address
card to you. . ? Restricted Delivery
0 Arisen me loan 10 the front of the meeplece, or on the bedif space does nM 2
palms.
b wise Ration p@ehpl pnwsled' on the mailpeCe below the article number.
d The Return Receipt will Slow to whom me emCle was dabvared and the date
dellverad. 4a. Article Number _
3. Article Addressed to: - - _ _1 1 -
i
`1`1?-t t•`. ??'r 4b. Service Type
? Registered (9Ceeified
!!!??? `I ?, I Cr 1s-1? ?,1 r) `Jr ` ? Express Mail ?Insured
?Relum Pee Ot for Merchandise OCOD' )
?_ 1 ' '-? ?_'? 11. •_? 7. Date of D ive
Rryty Ili
fee is paid)
ai
N
6
b
c
3
c
S
A
102595 99 B-0223
De ember '1990 -7
John E. Slike
Robert C. Saidis
Geoffrey S. Shuff
Albert H. Masland
Johnna 1. Deily
Richard P. Mislitsky t
James E. Reid, Jr.
Scott D. Moore
Karl M. Ledebohm
Mark W. Allshouse
Law Offices
SAIDIS, SHUFF & MASLAND
A PROFESSIONAL CORPORATION
2109 Market Street • Post Office Box 737
Camp Hill, Pennsylvania 17001.0737
Telephone: (717) 737-3405 • Facsimile: (717) 737-3407
Email: s.-sm@ezonline.com
IMPORTANT: NOTICE OF DEFAULT AND
INTENT TO FORECLOSE UNDER ACT 6
June 7, 1999
RE: PNC Bank, National Association
Loan Number 55000007446-00018
Address of Mortgaged Property: 413 Third Street
New Cumberland, PA 17070
TO: Walter Alan Ball
413 Third Street
New Cumberland, PA 17070
FROM: PNC Bank, National Association
Carlisle Office:
26 W. High Street
Carlisle. PA 17013
Telephone: (717) 243-6222
Facsimile: (717) 243.6486
Reply T_ o Camp ffi
THIS IS A NOTICE OF DEFAULT AND OF THE INTENT OF PNC BANK,
NATIONAL ASSOCIATION TO FORECLOSE ON YOUR MORTGAGE. PLEASE
READ ALL OF THIS NOTICE.
PNC Bank, National Association ("PNC") holds a Promissory Note which is signed by
James A. Ball, III and Walter A. Ball dated February 23, 1987, in the original amount of $7,000.00.
PNC also holds a mortgage on your residence at the above address, securing the note (bond).
Your mortgage is in serious default because you have failed to oav when due principal in
the amount of $3,487.76 and interest to June 7, 1999 in the amount of 5148.70. THE TOTAL
AMOUNT YOU NOW OWE IS 53,636.46.
You may CURE THE DEFAULT and restore the mortgage to the same position as if the
default had not occurred by paving to us in full the amount of $3.636.46 WITHIN THIRTY (301
DAYS after the date of the notice
Payment of the amount of principal and interest to June 7, 1999, now totaling 53,636.46
plus any installment that becomes due before PNC receives payment, as provided above) must be
' Certined s j Civil Trial Advocate by the N.W onal Boardof Trial Advocacy
A Penney l van is Supreme Court Accredited Agency
athibLt -D- .
made by cash cashier's check or certified check
Payment may be mailed to the offices of PNC Capital Recovery Corp., Two Tower
Center Boulevard, 22nd Floor, East Brunswick, New Jersey 08816,Attention: Anura Unger.
If payment is not received within THIRTY (30) DAYS AFTER THE DATE OF THIS
NOTICE, PNC MAY, WITHOUT ANY FURTHER NOTICE TO YOU, DO ANY OF THE
FOLLOWING:
(1) ACCELERATE THE MATURITY DATE OF THE MORTGAGE AND
DECLARE THE ENTIRE AMOUNT OF THE UNPAID PRINCIPAL BALANCE of the
mortgage, and all other sums due under the mortgage TO BE IMMEDIATELY DUE AND
PAYABLE. This means that, unless you cure the default in accordance with this notice, you could
immediately owe to us this full sum, plus other sums that may then be due.
(2) BEGIN LEGAL PROCEEDINGS TO FORECLOSE UPON THE MORTGAGE
IN WHICH PROCEEDINGS THE SHERIFF MAY SELL YOU HOUSE.
(3) TAKE POSSESSION OF YOUR PROPERTY, and proceed to have you ejected from
the property.
(4) SUE YOU PERSONALLY FOR THE SAID UNPAID PRINCIPAL BALANCE
and other sums due under the mortgage.
WARNING: If you pay the amount more than thirty (30) days after the date of this notice,
and PNC has referred this matter to its lawyers for legal action, you may have to pay an
attorney's fee of up to $50.00 and the cost of the title search and report, in addition to the
other amounts due, in order to cure the default. Furthermore, if you pay the amounts due
more than thirty (30) days after the date of this letter and PNC's lawyers have started legal
proceedings, you may have to pay additional legal expenses, including court costs and
attomev's fees that may exceed $50.00, in order to cure the default.
If you pay the amounts due more than thirty (30) days after the date of this notice, you must
contact Anura Unger, PNC Capital Recovery Corp., Two Tower Center Boulevard, 22"a
Floor, East Brunswick, New Jersey 08816, telephone number (732) 220-3663 to find out the
exact amount you must pay in order to cure the default.
You have the right to cure the default at any time until one hour before the Sale on the
day your properrv is scheduled for Sheriff Sale. A notice of the date of the Sheriff Sale will be
sent to you before the sale. Please remember, however, that the amounts due will increase the
longer you wait to cure the default.
You also have the right to sell or transfer your property subject the mortgage with
PNC's permission, and the buyer or transferee will have the sa to
me right t ,,on do t cure the
default. You also have the right to refinance the mortgage with or obtain a new mortgage
from another bank or lender.
Any sale, transfer or refinance must be completed by, and notice thereof must be given on
or before one (1) hour before the time set for the Sheriffs Sale.
You have the right to cure a default, after notice of default from PNC, ly three 3) times
in any calendar year. on
SPECIAL NOTICE
Your payment to PNC of less than the total amount you NOW owe will not cure your
default, and while PNC, in its sole discretion may accept a partial payment, such acceptance will
not waive its right to proceed with any of the remedies described herein, but will only reduce your
total balance owing on the mortgage.
Pursuant to the Fair Debt Collection Practices Act, I am required to inform you that this
letter is an attempt to collect a debt and any information obtained will be used for that purpose. An
important notice of rights is stated on the back side of this letter.
SAIDIS, SHUFF AND MASLAND
A
BY Ll'- !,
Kar M. Ledebohm, Esquire
Counsel for PNC Bank, National Association
KML/jas
cc: Anura Unger
NOTICE
This letter is an attempt to collect a debt.
If you dispute the validity of this debt, or any portion thereof, and you contact the
undersigned within thirty (30) days after receipt of this Notice, you will be furnished with written
verification of the debt; provided, that if a lawsuit has been filed against you to collect this debt
before the expiration of the thirty (30) days, the complaint filed in said lawsuit will constitute
written verification of the debt.
If you do not dispute the debt or any portion thereof as stated above, the undersigned will
assume the debt is valid.
If the original creditor of this debt is different from the creditor stated on the front page of
this letter, the undersigned will provide you witli the name and address of the original creditor upon
written request from you within thirty (30) days of receipt of this notice.
The undersigned means the name signed at the end of this letter appearing in print at the
top of the front of this letter.
Z S53 372 014
US Postal Service
Receipt for Certified Mail
No Insurance Coverage Provided.
Post Xi co, Slate. a ZIP Cade
Postage $
Cemlied Fee
Special Delivery Fee
N
m Relum Receipt Showatg to,
N--.
ITOTAL Postage a Fees IS - - I
t
~ '
Z z ?
l ? '
?
i •'
`
J
?7
o r
LL r.
"' G
Q
g? ,? G
r /
1
IL w y C.:
a U
U
..
U r
P I' T .
S . T. ?
Xs 3V U) C
S?
?
s L))
r
J0
F m6
NOLL ILL3 8
$
=
?
@§ t
6 m0
a 8 V
? ?
7 h - J
I
ri
a
7177373407 SRIDIS SNUFF MASLRIZ
' 04< P02 AUG 13 '99
PNC BANK, NATIONAL ASSOCIATION, : IN THE COURT OF CONIMON PLEAS
SUCCESSOR BY NMROER TO THE CUMBERLAND COUNTY, PENNSYLV 4,NIA
FIRST BANK AND TRUST COMPANY
V. : NO.
JAMES A. BALL, la And COMPLAINT
WALTER A. BALL
Defendant CIVIL ACTION - LAW
VERIFICATION
1, Andrew Rohmeyer. Assistant Cashier, for PNC Capital Recovery Corp., being authorized
to do so on behalf of PNC Bank, National Association, hereby verify that the statements made in
the foregoing Pleading are true and correct to the best of my information, knowledge and belief. 1
understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section
4904, relating to unworn falsification to authorities.
PNC BANK, NATIONAL ASSOCIATION
Date:
? I///6/t?l By:
,, Andrew Rohmryer
Assistant Cashier
P
U.I
S5
N l/
1
1.. ?? M1` \J.1
! % SHERIFF'S RETURN - NOT FOUND
CASE NO: 1999-05115 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
PNC BANK NA ETC
VS.
BALL JAMES A III ET AL
R. Thomas Kline , Sheriff, who being duly sworn according
to law, says, that he made a diligent search and inquiry for the within
named defendant, to wit: BALL WALTER A
but was unable to locate Him in his bailiwick. He therefore returns
the COMPLAINT AND NOTICE
NOT FOUND , as to the within named defendant
BALL WALTER A
NO SUCH ADDRESS AS ABOVE. CHECKED 1107 CHELMSFORD
DR., MECHANICSBURG AND DEFT DOESN'T RESIDE THERE.
Sheriff's Costs: So answer,/
Docketing .00
Service 6.20
NOT FOUND RETURN 5.00
Surcharge 8.00 R7 0111a3 ine, 5 eritf
$25:. SAzDIS SHUFF & MASLAND
09/10/1999
Sworn and subscribed o before me
this jb44 day of
19epe)_ A.D.
r of r o ary
SHERIFF'S RETURN - REGULAR
CASE NO: 1999-05115 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
PNC BANK NA ETC
VS.
BALL JAMES A III ET AL
HAROLD WEARY Sheriff or Deputy Sheriff of
CUMBERLAND County, Pennsylvania, who being duly sworn according
to law, says, the within COMPLAINT AND COMPLAINT was served
upon BALL JAMES A III the
defendant, at 1715:00 HOURS, on the 1st day of September
1999 at 6101 WESTOVER DRIVE
MECHANICSBURG, PA 17055 CUMBERLAND
County, Pennsylvania, by handing to MRS. BALL, MOTHER OF DEFT AND
PERSON IN CHARGE
a true and attested copy of the COMPLAINT AND COMPLAINT
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs: So answers:
Docketing 18.00
Service 6.82
Affidavit .00
Surcharge 8.00 m ine, i
S?Z-SAzDIS, SHUFF AND MASLAND
09/10/1999 //
by
epu y sss
Sworn and subscribed to before me
this /o day of
19.E A.D.
`F'Ea y??
1
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of
COMMONWEALTH OF PENNSYLVANIA) NO. 99-5115 CIVIL 1tPi Term
COUNTY OF CUMBERLAND) CIVIL ACTION • LAW
TO THE SHERIFF OF Cumberland COUNTY:
To satisfy the debt, interest and costs due PNC Bank, National Association, Successor by Merger
to the Pirst Bank and Trust Company PLAINTIFF(S)
from Frames A. Ball, 111, 6101 Westover Drive, Mechanicsburg PA 17055
(1) You are directed to levy upon the property of the defendant(s) and to sell all personal property
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are enjoined from paying any
debt to or for the account of the defendant(s) and from delivering any property of the defendant(s) or otherwise disposing
thereof;
(3) If properlyof thedefendant(s) not leviedupon an subjectlo attachment isfound in the possession of anyoneother
than a named garnishee, you are directed to notify him her that he/she has been added as a garnishee and is enjoined as above
stated.
Amount Due $1,096.23
Interest from 10/08/99 @ 10.758
Atty's Comm
Atty Paid
$130.02
WRIT OF EXECUTION and/or ATTACHMENT
Plaintiff Paid
L. L. $.50
Due Prothy $1.00
Other Costs
Date: October 26, 1999 Curtis R. Long
Prothonotary, Civil Division
? Deputy
?
REQUESTING PARTY:
Name Karl M. Ledebohm, Esq.
Address: 2109 Market street
Camp Hill, PA 17011
Attorney for: Plaintiff
Telephone: 717-73 -3405
Supreme Court ID No. X012---
rn
R. Thomas Kline, Sheriff, who being duly sworn according to
law, states this writ is returned SATISFIED.
Sheriff's Costs:
Docketing
Poundage
Advertising
Postpone Sale
Law Library
Prothonotary
Service
Surcharge
Levy
$18.00
21.92
10.00
15.00
.50
1.00
14.88
8.00
20.00
$109.30 pd by deft.
Sworn and subscribed to before me
This 07 L
f day of X11;. H
200.0", f. A. D. kw s '
.a
y :rte
So Ay fyye?_S
R. Thomas Kline, Sheriff
BYE-
D putt' Sheriff
(r?
4
VIN 7A .1`''1134
ss, ud Zt z is 110
jjl'tl3HS i'::1 !0 3oIj10
t. a741q
RL?. ??.9,4
.?a ,
DISTRIBUTION
ATTORNEY: Karl Ledebohm
WRIT NO. 99-5115 Civil Term
PNC Bank, N.A.
VS
James A. Ball, III
REAL DEBT $1096.23
INTEREST 32.64
ATTORNEY'S COMM.
WRIT COSTS, ATTY. 130.02
WRIT COSTS, PLIFF.
MISCELLANEOUS
$1258.89
SHERIFF'S COSTS:
DOCKETING $ 18.00
POUNDAGE 21,92
POSTING SALE BILLS 10.00
ACUTIONEER
LAW LIBRARY .50
PROTHONOTARY 1.00
SERVICE 14,88
SATISFY WRIT
POSTPONE SALE 15.00
SURCHARGE 8.00
STATE TAX
LEVY 20.00
$109.30
DEFENDANT PAID TO SHERIFF $1368.19
ADVANCE COSTS 150.00
TOTAL COLLECTED: $1518,19
DISTRIBUTION So anrsrs: /
Pd. To Pltff. $1258.897
Refund of Adv. Costs 150.00 `rte ?J f??
Pd. To Prothonotary 1.50 R. Thomas Kline, Sheriff
Depu y Sheriff
?
PRAECIPE FOR WRIT OF EXECUTION - (MONEY JUDGMENTS)
P.R.C.P. SECTION 101 TO SECTION 149 ETC.
PNC BANK, NATIONAL
ASSOCIATION, SUCCESSOR
BY MERGER TO THE FIRST
BANK AND TRUST COMPANY,
Plaintiff
V.
JAMES A. BALL, III AND
WALTER A. BALL
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: WRIT NO. Term, 1999
: No. 99-5115 CIVIL
: Amount Due: $1,096.23
: Interest from 10/08/99 at 10.75% TO BE ADDED
: Atty's Com. TO BE ADDED
: Costs TO BE ADDED
To the Prothonotary of said Court: ISSUE WRIT OF EXECUTION IN THE ABOVE MATTER,
(1) Directed to the Sheriff of Cumberland County, Pennsylvania;
(2) against James A. Ball, 111, 6101 Westover Drive, Mechanicsburg, PA 17055, Defendant;
(3) and against NA Gamishee(s);
(4) and index this Writ
(a) against James A. Ball, III, 6101 Westover Drive, Mechanicsburg, PA
17055, Defendant, and
(b) against
Gamishees(s),
and attach and levy as appropriate upon any and all personal property of Defendant
James A. Ball, III found at 6101 Westover Drive, Mechanicsburg, PA 17055.
(5) Exemption has (not) been waived.
Date: (p / Z5 / 9 et SA
By:
7aMede ohm, Esquire
Supreme Court ID #59012
2109 Market Street
Camp Hill, PA 17011
(717) 737-3405
Attorney for Plaintiff
r
Cs; f
r;
F-
o=?
t
yf
c
CJ
u
?
/
CJ
C1,
iJ
I t - r6
Y
..^^
V C t,
o ? g Ll Y
PNC BANK, NATIONAL ASSOCIATION
SUCCESSOR BY MERGER TO THE
FIRST BANK AND TRUST COMPANY
Plaintiff
V.
JAMES A. BALL, III and
WALTER A. BALL
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-5115 CIVIL
CIVIL ACTION -LAW
COMPLAINT
PRAECIPE
TO THE PROTHONOTARY:
Please enter judgment in the above-captioned proceeding in favor of PNC Bank, National
Association, Successor by Merger to the First Bank and Trust Company, Plaintiff, and against
Defendant, James A. Ball, III, in the amount of Four Thousand Six Hundred One Dollars and
501100 Dollars ($4,601.50), plus interest at the rate as set forth in the Note, including on and after
the date of entry of judgment on the Complaint and for costs. Judgment is entered pursuant to Pa.
R.C.P. 3031 for failure to file an Answer on behalf of Defendant, James A. Ball, III, to Plaintiffs
Complaint within twenty (20) days of service thereof and after a 10-day Notice was sent.
Respectfully submitted,
SAIDIS, SHUFF & MASLAND
Date: By: U `il 3 ?rl
arl M. Ledebohfn, Esquire
Supreme Court ID #59012
2109 Market Street
Camp Hill, PA 17011
(717) 737-3405
Attorney for Plaintiff
I hereby certify that a notice of intent to take a default judgment was forwarded to James A.
Ball, III, by United States Mail, First Class, postage prepaid on September 23, 1999. The aforesaid
notice was contained within an envelope bearing the return address of the undersigned. The notice
has not been returned to the undersigned as undeliverable or otherwise. A copy of the Notice and
Postal Form 3817 is attached hereto and marked Exhibits "A" and "B", respectively.
Karl M. Le ebohni, Esquire
PNC BANK, NATIONAL ASSOCIATION
SUCCESSOR BY MERGER TO THE
GETTYSBURG NATIONAL BANK,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, pENNSYLVANIA
NO. 99-5115 CIVIL
V.
JAMES A. BALL III and
WALTER A. BALL ,
Defendant
CIVIL ACTION - LAW
COMPLAINT
IMPORTANT NOTICE
TO: James A. Ball, III
6101 Westover Drive
Mechanicsburg, PA 17055
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION
REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM
THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU
WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER
M20RTANT RIGHTS. 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, PA 17013
(717) 249-3166 or 1-800-990-9108
Respectfully submitted,
SAIDIS, SHUFF & SLAND
Date: 9 l? By: ?-
Karl M. Ledebohm, Esquire
Supreme Court ID #59012
2109 Market Street
Camp Hill, PA 17011
(717) 737-3405
Attorney for Plaintiff
cc: Anura Unger
Exhibit "A"
NO
2109 Market Street
n
One P7@e4 of Ordinary M8111EtlnueE '
?tj?7:04 J12 L?cS?G oS
PS Form 3817, Mer. 1989 GPO : 1993 0 - 151-
Exhibit "B"
PNC BANK, NATIONAL ASSOCIATION
SUCCESSOR BY MERGER TO THE
FIRST BANK AND TRUST COMPANY
Plaintiff
V.
JAMES A. BALL, III and
WALTER A. BALL
TO: James A. Ball, III
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-5115 CIVIL
CIVIL ACTION -LAW
COMPLAINT
NOTICE
Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a
Judgment has been entered against you in the above proceeding and that enclosed herewith is a
copy of all the documents filed in support of the said judgment.
IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL:
KARL M. LEDEBOHM, ESQUIRE
TELEPHONE NUMBER: (717)737-3405
Prothonotary
/ 1"'
?- ?, ?
?,-
?.;
;,
,,.? ??
?:.: ?
?..;
;;; ?
i.' -' ?
._, ? ? ?9
?.. ?- ? ;
L' .'L
r
1: i'? 1
(_? ?.? J
L?
DENA M. DICKERSON,
PLAINTIFF
vs.
GEORGE R. DICKERSON,
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-5102 CIVIL TERM
PROTECTION FROM ABUSE
ORDER FOR CONTINUANCE
AND NOW, this -E day of August, 1999, upon consideration of the attached Motion for
Continuance, the matter scheduled for hearing on August 31, 1999, by this Court's Order of August
23, 1999, is hereby rescheduled for hearing on September 21, 1999, at 11:15 a in. in Courtroom
No.2.
The Temporary Protection From Abuse Order shall remain in effect for a period of one year
from the date it was entered or until further Order of Court, whichever comes first.
Certified copies of this Order for Continuance will be provided to the Pennsylvania State
Carlisle Police, Army War College Police, and the East Calico Police Departments by the plaintiffs
attorney.
By the Court, /
Edgar B? Bayley, Judge
i
Joan Carey
LEGAL SERVICES, INC.
Attorney for Plaintiff
.,
-. 8: ?
?'?
_h1 i „?Y
?. ?' . ?
`. r';
DENA M. DICKERSON,
PLAINTIFF
VS.
GEORGE R. DICKERSON,
DEFENDANT
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 99- 102 CIVIL TERM
PROTECTION FROM ABUSE
The Plaintiff, Dena M. Dickerson , by and through her attorney, Joan Carey of Legal
Services, Inc., moves the Court for an Order rescheduling the hearing in the above-captioned case
on the grounds that:
A Temporary Protection From Abuse Order was issued by this Court on August 23,
1999, scheduling a hearing for August 31, 1999, at 10:30 a.m.
2. The Cumberland County Sheriffs Department deputized the Philadelphia County
Sheriffs Department to serve the Defendant with a certified copy of the Temporary Protection
From Abuse Order and Petition for Protection From Abuse. They have been unable to effect service
on Defendant.
3. The Plaintiff requests that the Temporary Protection From Abuse Order remain in
effect fora period ofone yearfrom the date it was entered or until further Order of Court, whichever
comes first.
4. Certified copies of the Order for Continuance will be delivered to the Carlisle Police
Department, the Army War College Military Police, and the East Calico Police Departments by the
attorney for the Plaintiff.
WHEREFORE, the Plaintiff requests that the Court grant this Motion and reschedule this
matter for hearing, and that the Temporary Protection From Abuse Order remain in effect for a
period ofone year from the date it was entered or until further Order ofCourt, whichever comes first.
spectfully su ttted,
i Joan Carey, Attorney for aintiff
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
h
P
?._
rte- ?`?
i?? i
r.?i
:'i
C ?
ti
?'- ?..?
?' <: ? ?.?
Dena Dickerson, : IN THE COURT OF COMMON PLEAS OF
Plaintiff
George Dickerson,
VS.
Defendant : PROTECTION FROM ABUSE
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-5102 CIVIL TERM
FINAL PROTECTION ORDER
Defendant's Name: George R. Dickerson
Defendant's Datc of Birth: 3/3/67
Defendant's Social Security Number: 19144-0648
Name of Protected Person: Dena M. ^Di((ckkee??rsson
AND NOW, this b day of • 4^^'L 1999, the court having jurisdiction over
the parties and the subject-matter, it is ORDERED, ADJUDGED, and DECREED as follows:
Plaintiff, Dena Dickerson , is represented by Joan Carey of Legal Services, Inc.; Defendant,
George R. Dickerson, is unrepresented, but has been advised of his right to counsel in this matter.
Defendant, although agreeing to the terms of this Order, does not admit the allegations made in the
Petition.
19> Plaintiffs request for a Final Protection Order is granted pursuant to the consent of
Plaintiff and Defendant.
? Plaintiffs request for a Final Protection Order is denied.
1. Defendant shall not abuse, stalk, harass, threaten Plaintiff or any other
protected person in any place where they might be found.
? 2. Defendant is completely evicted and excluded from the residence at or any other
residence where Plaintiff may live. Exclusive possession of the residence is granted to Plaintiff.
Defendant shall have no right or privilege to enter or be present on the premises.
? On at m., Defendant may enter the residence to retrieve his/her clothing and
other personal effects, provided that Defendant is in the company of a law enforcement
officer when such retrieval is made.
La/ 3. Except as provided for in the Custody Order regarding the parties' minor
child, Defendant is prohibited from having ANY CONTACT with the Plaintiff at any location,
including, but not limited to, any contact at the Plaintiffs current residence, and any other
residence she may, In the future, establish for herself or place of employment. Defendant is
specifically ordered to stay away from the following locations for the duration of this Order:
Plaintiffs residence located at 705C Stanwix Circle, Carlisle, Pennsylvania.
Plaintiffs employment located at the Education Center, Carlisle Army War
College, Carlisle, Pennsylvania.
0 4. Except as provided for in the Custody Order regarding the parties' minor
child, Defendant shall not contact the Plaintiff by telephone or by any other means, including
third parties.
? 5. Custody of the minor children, [names of the children subject to the provision of this
paragraph] shall be as follows: [state to whom primary physical custody awarded; state terms of
partial custody or visitation, if any](or see attached Custody Order)
6. Defendant shall immediately turn over to the Sheriffs Office, or to a local law
enforcement agency for delivery to the Sheriffs Office, the following firearms and/or specific
weapons used or threatened to be used by Defendant in an act of abuse against Plaintiff: 380
Handgun
7. Defendant is prohibited from possessing, transferring or acquiring any other
firearms and/or specific weapons for the duration of this Order. Any firearms and/or weapons
delivered to the sheriff under Paragraph 6 of this Order or under Paragraph 6 of the
Temporary Order shall not be returned until further Order of Court.
8. The following additional relief is granted as authorized by §6108 of this Act:
This Order shall remain in effect until modified or terminated by the Court and
can be extended beyond its original expiration date if the Court finds that
Defendant has committed an act of abuse or has engaged in a pattern or
practice that indicates risk of harm to Plaintiff and/or minor children.
Defendant is required to relinquish to the sheriff any firearm license Defendant
may possess. Defendant's weapons and firearm license may be returned at the
expiration of the Protection Order after Defendant has submitted a written
request to the Court for the return of the firearms and/or weapons and the
Court has notified Plaintiff of the request and given Plaintiff an opportunity to
respond. A copy of this Order shall be transmitted to the chief or head of the
police department of Philadelphia and the sheriff of Philadelphia County.
Defendant is enjoined from damaging or destroying any property owned jointly
by the parties or owned solely by Plaintiff.
Defendant is to refrain from harassing Plaintiffs relatives.
Exchange of custody for the minor child shall take place at the East Cocalico
Police Department, 100 Hill Road, Denver, Pennsylvania.
? 9. Defendant is directed to pay temporary support for (insert the names of the persons
for whom support is to be paid) as follows: (insert amount, frequency and other terms and conditions
of the support order). This Order for support shall remain in effect until a final support order is
entered by this Court. However, this Order shall lapse automatically if Plaintiff does not file a
complaint for support with the Court within fifteen (15) days of the date of this Order. The amount
of this temporary order does not necessarily retlect Defendant's correct support obligation, which
shall be determined in accordance with the guidelines at the support hearing. Any adjustments in
the final amount of support shall be credited, retroactive to this date, to the appropriate party.
? 10. The costs of this action are waived as to Plaintiff and imposed on Defendant.
? 11. Defendant shall pay $ to Plaintiffas compensation for Plaintiffs out-of-pocket losses,
which are as follows: OR
? Plaintiff is granted leave to present a petition, with appropriate notice to Defendant,
to (insert the name of the judge or court to which the petition should be presented)
requesting recovery of out-of-pocket losses. The petition shall include an exhibit
itemizing all claimed out-of-pocket losses, copies of all bills and estimates of repair, and an
Order scheduling a hearing. No fee shall be required by the Prothonotary's office for the
filing of this petition.
? 12. BRADY INDICATOR
? 1. The Plaintiff or protected person/s is a spouse, former spouse, a person who
cohabitates or has cohabited with Defendant, a parent of a common child, a child of that
person, or a child of Defendant.
? 2. This Order is being entered after a hearing of which Defendant received actual
notice and had an opportunity to be heard.
? 3. Paragraph I of this Order has been checked to restrain Defendant from
harassing, stalking, or threatening Plaintiff or protected person/s.
? 4. Defendant represents a credible threat to the physical safety of Plaintiff or
other protected person/s OR
? The terms of this Order prohibit Defendant from using, attempting to use, or
threatening to use physical force against Plaintiff or protected person that would reasonably
be expected to cause bodily injury.
13. THIS ORDER SUPERCEDES ANY PRIOR PFA ORDER.
? ANY PRIOR ORDER RELATING TO CHILD CUSTODY.
14. All provisions of this Order shall expire one year from the date this Order is
entered.
NOTICE TO THE DEFENDANT
VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE
CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE BY A FINE
OF UP TO $1,000 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 23 PA.C.S.
§6114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL
PENALTIES UNDER THE PENNSYLVANIA CRIMES CODE. THIS ORDER IS
ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF COLUMBIA, TRIBAL
LANDS, U.S. TERRITORIES, AND THE COMMONWEALTH OF PUERTO RICO UNDER
THE VIOLENCE AGAINST WOMEN ACTION, 18 U.S.C. §2265. IF YOU TRAVEL
OUTSIDE OFTHE STATE AND INTENTIONALLY VIOLATE THIS ORDER, YOU MAY
BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDERTHATACT. 18 U.S.C.
§§ 2261-2262. IF PARAGRAPH 12 OF THIS ORDER HAS BEEN CHECKED, YOU MAY
BE SUBJECT TO FEDERAL PROSECUTION AND PENALTIES UNDERTHE "BRADY"
PROVISIONS OF THE GUN CONTROL ACTION, 18 U.S.C. §922(G), FOR POSSESSION,
TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION.
NOTICE TO LAW ENFORCEMENT OFFICIALS
The police who have jurisdiction over Plaintiffs residence OR any location where a
violation of this Order occurs OR when- Defendant may he located, shall enforce this Order.
An arrest for violation of Paragraphs 1 through 7 of this Order may be without warrant, based
solely on probable cause, whether or not the violation is committed in the presence of the
police. 23 Pa.C.S. §6113.
Subsequent to an arrest, the police officer shall seize all weapons used or threatened to
be used during the violation of the Protection Order or during prior incidents of abuse. The
Cumberland County Sheriffs Department shall maintain possession of the weapons until
further Order of this Court. When Defendant is placed under arrest for violation of the
Order, Defendant shall be taken to the appropriate authority or authorities before whom
Defendant is to be arraigned. A "Complaint for Indirect Criminal Contempt" shall then be
completed and signed by the police officer OR Plaintiff, Plaintiffs presence and signature are
not required to file the complaint.
If sufficient grounds for violation of this Order are alleged, Defendant shall be arraigned,
bond set and both parties given notice of the date of the hearing.
BY THE COURT,
Edgar B. Bayley, AFdge
This Or er is enter pursuant to the consent of Plaint;ff end Defendant:
Dena Dickerson, Plaintiff George R. Dickerson, Defendant
;;Joan Carey, Attorney fa laintiff
LEGAL SERVICES, C.
8 Irvine Row
Pro Se Defendant
Carlisle, PA 17013
(717) 243-9400
y u
..r\ -. ?
?p
l'
a ?
A
4
J
9
;a .
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 1999-05102 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
DICKERSON DENA M
VS.
DICKERSON GEORGE R
R. Thomas Kline , Sheriff, who being duly sworn according
to law, says, that he made a diligent search and inquiry for the within
named defendant, to wit: DICKERSON GEORGE R
but was unable to locate Him in his bailiwick. He therefore
deputized the sheriff of PHILADELPHIA County, Pennsylvania.
to serve the within PROTECTION FROM ABUSE
On November 15th, 1999 this office was in receipt of
the attached return from PHILADELPHIA County, Pennsylvania.
PHILADELPHIA COUNTY SHERIFF'S DEPARTMENT STATED THAT DEFENDANT
Sheriff's Costs: WAS NOT IN POSSESSSION OF ANY W PO S
o answers"
Docketing 18.00
Out of County 9.00
Surcharge 8.00 omas one, eri f---
Dep. Phila Cc 116.00
STQ 11/15/1999
Sworn and subscribed to before me
this G !t day of eu, L.
191?j A.D.
• rro?nonocary
In The Court of Common Pleas of Cumberland County, Pennsylvania
Dena Dickerson
VS.
George R. Dickerson
No. 91-5102 Civil
Now, 10/5/99 , 19_, I, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of Phila
County to execute this writ, this
deputation being made at the request and risk of the Plaintiff.
"Please Confiscate Weapons, specifically a: .38 O
handgun as stated in order, and contact Cumber aY nd "'?"_C,
County Sheriff's Department to arrange transfe% rYffofCumberland County, PA
Affidavit of Service
Now,
within
upon
at
by handing to
a
19_, at o'clock M. served the
copy of the original
and made known to
& ecf qp 4u Tao- Q¢?
LW0"0 404in PaSSepa
ur ay?3 (c?Pa?n1 o
Sworn and subscribed before
me this _ day of , 19
the contents thereof.
So answers,
Sheriff of
COSTS
SERVICE $
MILEAGE
AFFIDAVIT
County, PA
cfi
r_b
??
\?
SHERIFF'S RETURN - SUMMONS/COMPLAINT
?aaa -q9
COMMON PLEAS NO.
• COUNTY COURT
i VERSUS n(? TERM, 19 GL?
NO. `?I? BSI OC7?
l
Defendant
SERVED AND MADE KNOWN TO \`:lP- VQ Q I? I?.?( o1` I ? Defendant Company
V
by handing a true and attested copy of the withinSummmons/Complaint, issued in the above captioned matter
on - 11 c7\/ !? __II , 19 9 iql , at pl S(t, ? o'clock, E.S.T./D.S.T.
at L C-c)6 T1RP in the County of Philadelphia,
State of Pennsylvania, to T I\ E(4
V? 1
(1) the aforesaid defendant, personally;
? (2) an adult member of the family of said defendant, with whom said defendant resides, who stated that
his/her relationship to said defendant is that of
? (3) an adult person in charge of defendant's residence; the said adult person having refused, upon re-
quest, to give his/her name and relationship to said defendant;
? (4) the manager/clerk of the place of lodging in which said defendant resides;
? (5) agent or person for the time being in charge of defendant's office or usual place of business.
? (6) the and officer of said defendant Company;
So Answers,
JOHN D. GREEN, Sheriff
Deputy Sherill
17.38 (Rar. 1787)
' ,-?
.,>>F.,
??f. 5?'.'•?. . .
ELF \ ? Q? ??9
.. _?? •,.
???,,
t E,•,
SHERIFF'S RETURN - OUT OF COUNTY
'CASE' NO: 1999-05102 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF'CUMBERLAND
DICKERSON DENA M
VS.
DICKERSON GEORGE R
R. Thomas Kline Sheriff, who being duly sworn according
to law, says, that he made a diligent search and inquiry for the within
named defendant, to wit: DICKERSON GEORGE R
but was unable to locate Him in his bailiwick. He therefore
deputized the sheriff of PHILADELPIA County, Pennsylvania.
to serve the within PROTECTION FROM ABUSE
On October 22nd, 1999 , this office was in receipt of
the attached return from PHILADELPIA County, Pennsylvania.
Sheriff's Costs: So answers:
Docketing 18.00 i
Out of County 9.00
Surcharge 8.00 omas ine, eri
Dep. Philadelphia 116.00
$T?U 10/22/1999
Sworn and subscribed to before me
this L !!- day of
19Q9 A. D.
rocnonocar
In The Court of Common Pleas of Cumberland County, Pennsylvania
Dena Dickerson
vs.
George R. Dickerson
No. 99-5102 Civ.
Now, 8/24/99 , 19_, I, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of Philadelphia County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
P
?uuu..vujuy, rn
**Confiscate Weapons, specifically a: 380 Handgun **, and contact Cumberland
County Sheriff's Department to arrange transfer**
Affidavit of Service
Now,
within
upon
at
by handing to _
a
and made known to
copy of the original
So answers,
the contents thereof.
Sheriff of
Sworn and subscribed before
me this _ day of , 19
19_, at o'clock M. served the
COSTS
SERVICE $
MILEAGE
AFFIDAVIT
County, PA
In The Court of Common Pleas of Cumberland County, Pennsylvania
Dena Dickerson
VS.
George Dickerson
No. 99-5102 Civil
Now, 9/1/99 19_, I, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of Philadelphia County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
Sheriff of Cumberland County, PA
Affidavit of Service
Now,
within
upon
at
by handing to -
a
and made known to
19_, at o'clock
copy of the original
M. served the
So answers,
Sheriff
Sworn and subscribed before
me this _ day of , 19
the contents thereof.
COSTS
SERVICE
MILEAGE
AFFIDAVIT
County, PA
In The Court of Common Pleas of Cumberland County, Pennsylvania
Dena M. Dickerson
VS.
George R. Dickerson
No. 99-5102 Civil
Now, 9 / 2 2 / 9 9 , 19_, I, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of Philadelphia County to execute this Writ, this
deput tion li ing marFe at the reques an nsk ofithe Plaintiff on states that
Weapons Confiscated*
Specifically a 380 0 Handgun
Sheriff ofC mberlandCounty, PA
Affidavit of Service
a
and made known to
copy of the original
So answers,
Now,
within
upon
at
by handing to
19_, at o'clock M. served the
the contents thereof.
Sheriff of
Sworn and subscribed before
me this _ day of 19
COSTS
SERVICE $
MILEAGE
AFFIDAVIT
County, PA
'v^
Cam'
" J
SHERIFF'S RETURN-NOT FOUND
^ COMMON PLEAS NO.
c?iU9 /G ?P?Sp?7 COUNTY COURT
VERSUS
?yF? ?? G .?.?.PS oN TERM, 1B
NO. 7
NOT FOUND as to ?Lro egjRYO ff/f??/XVn the above named
defendant, within the County of Philadelphia, State of Pennsylvania, as of 9/Q/mss C1 -/y-9-17.99
19 .
GGC( ` G - " ??J So answers,
Uo Lv C'OCV=.f ;
J A GREEN, SHERIFF
sy _ ?OrG„ Fz/4 c?G2
?? geputy She&'
12-225 (flBV. 12/87) '
i
a
e
SHERIFF'S RETURN-NOT FOUND
I C'O ua-)
VERSUS
//? '
NOT FOUND as to \ l
defendant, ,, within the County of
19l`?.
12225 (Rev. 12/87)
COMMON PLEAS No. F 5a 6 I
COUNTY COURT ??/?LJJ l
• ?1 l/?? I TERM, 19 NO. ?? I l L?a f.
,
the above named
.?7
State of Pennsylvania, as of r /
So answers,
JOHN D. GREEN FF
By:
Depuro Sheriff
II
I,
' --=rte
Dena M. Dickerson, IN THE COURT OF COMMON PLEAS OF
Plaintiff
CUMBERLAND COUNTY, PENNSYLVANIA
V.
NO. 99-5102 CIVIL TERM
George R. Dickerson,
Defendant PROTECTION FROM ABUSE
ORDER FOR CONTINUANCE
AND NOW, this _ day of September, 1999, upon consideration of the attached Motion
for Continuance, the matter scheduled for hearing on September 21, 1999, by this Court's Order
of August 31, 1999, is hereby continued generally.
This Order is entered without prejudice to either party to request a hearing.
The Temporary Protection Order shall remain in effect for one year or until modified or
terminated by the court.
The Cumberland County Sheriffs Department shall attempt to make service at the
plaintiffs request and without pre-payment of fees, but service may be accomplished under any
applicable rule of Civil Procedure.
This Order shall be docketed in the office of the Prothonotary and forwarded to the
Sheriff for service. The Prothonotary shall not send a copy of this Order to the defendant by
mail.
A certified copy of this Order for Continuance shall be provided to the Carlisle Police,
East Cocalico, and the Army War College Police Department by
By the
plaintiffs attorney.
Joan Carey
Attorney for Plaintiff
FLf-r o;-F!nE
OF ' T' "i•!OTARY
99 SEP 22 Ali 8 G !
FEV•!SYUL%tn;;•q
Dena M. Dickerson, : IN THE COURT OF COMMON PLEAS OF
Plaintiff
CUMBERLAND COUNTY, PENNSYLVANIA
V.
NO. 99-5102 CIVIL TERM
George R. Dickerson,
Defendant PROTECTION FROM ABUSE
MOTION FOR CONTINUANCE
The plaintiff, Dena Dickerson, by the through her attorney, Joan Carey of Legal Services,
Inc., moves the Court for an Order continuing generally the hearing in the above-captioned case
on the grounds that:
A Temporary Protection Order was issued by this Court on August 23, 1999,
scheduling a hearing for September 22, 1999, at 11:15 a.m.
2. The Cumberland County Sheriffs Department sent the Temporary Protection
Order and Petition to the Philadelphia County Sheriffs Department and deputized them to serve
the defendant. The Philadelphia County Sheriffs Department has not been able to effect service
of the defendant.
3. The plaintiff requests that the Temporary Protection Order remain in effect until
modified or terminated by the court after notice or hearing.
4. Certifled copies of the Order for Continuance will be delivered to the Carlisle Police,
East Cocalico Police, and the Army War College Police Departments by the attorney for the
plaintiff.
a
WHEREFORE, the plaintiff requests that the Court grant this Motion and continue this
matter generally, and that the Temporary Protection Order remain in effect until further Order of
Court
Respectfully submitted,
Lc.?
an Carey
Attorney for Plaintiff
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
C17
4.
L' 0
N
U
h
Dena M. Dickerson, : IN THE COURT OF COMMON PLEAS OF
Plaintiff
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
NO. 99- /G CIVIL TERM
George R. Dickerson,
Defendant : PROTECTION FROM ABUSE
NOTICE OF HEARING AND ORDER
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth
in the following papers, you must appear at the hearing scheduled herein. If you fail to do so, the
case may proceed against you and a FINAL Order may be entered against you granting the relief
requested in the Petition. In particular, you may be evicted from your residence and lose other
important rights.
A HEARING ON THIS MATTER IS SCHEDULED ON .u 3131 499% AT
1O: 3U 4.M., IN COURTROOM NO. J? OFT E CUMBERLAND
COUNTY COURTHOUSE, CARLISLE, PENNSYLVANIA.
You MUST obey the Order that is attached until it is modified or terminated by the court
after notice and hearing. If you disobey this Order, the police may arrest you. Violation of this
Order may subject you to a charge of indirect criminal contempt which is punishable by a fine of up
to $1,000.00 and/or up to six months in jail under 23 Pa.C.S. §6114. Violation may also subject you
to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law, 18
U.S.C. §2265, this Order is enforceable anywhere in the United States, tribal lands, U.S. Territories
and the Commonwealth of Puerto Rico. If you travel outside of the state and intentionally violate
this Order, you may be subject to federal criminal proceedings under the Violence Against Women
Act, 18 U.S.C. § 2261-2262.
You should take this paper to your lawyer at once. You have the right to have a lawyer
represent you at the hearing. The court will not, however, appoint a lawyer for you. 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. If you cannot find a lawyer, you may have to proceed
without one.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE, CARLISLE, PENNSYLVANIA 17013
TELEPHONE NUMBER: (717)249-3166
AMERICANS WITH DISABILITIES ACT OF 199
The Court of Common Pleas of Cumberland County is required by law to comply with the
Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable
accommodations available to disabled individuals having business before the court, please contact
our office. All arrangements must be made at least 72 hours prior to any hearing or business before
the court. You must attend the scheduled conference or hearing.
DENA M. DICKERSON, : IN THE COURT OF COMMON PLEAS OF
PLAINTIFF
: CUMBERLAND COUNTY, PENNSYLVANIA
VS.
: NO. 99- SIUa CIVIL TERM
GEORGE R. DICKERSON,
DEFENDANT : PROTECTION FROM ABUSE
TEMPORARY PROTECTION FROM ABUSE ORDER
Defendant's Name: George R. Dickerson
Defendant's Date of Birth: 3/3/67
Defendant's Social Security Number: 19144-0648
Names of the Protected Person: Dena M. Dickerson
AND NOW, this Z' day of Augus41999, upon consideration of the attached Petition
for Protection from Abuse, the court hereby enters the following Temporary Order:
1. Defendant shall not abuse, harass, stalk or threaten any of the above persons in
any place where they might be found.
? 2. Defendant is evicted and excluded from the residence at _ or any other permanent
or temporary residence where Plaintiff may live. Plaintiff is granted exclusive possession of the
residence. Defendant shall have no right or privilege to enter or be present on the premises.
3. Except for such contact with the minor child as may be permitted under
Paragraph 5 of this Order, Defendant is prohibited from having ANY CONTACT with
Plaintiff at any location, including, but not limited, to any contact at Plaintiffs place of
employment. Defendant is specifically ordered to stay away from the following locations for
the duration of this Order: Plaintiffs residence located at 705 C. Stanwix Circle, Carlisle,
Pennsylvania, 17013 and her employment located at the Education Center, Carlisle Army War
College, Carlisle, Pennsylvania, 17013.
4. Except for such contact with the minor child as may be permitted under
Paragraph 5 of this Order, Defendant shall not contact Plaintiff by telephone or by any other
means, including through third persons.
? 5. Pending the outcome of the final hearing in this matter. Plaintiff is awarded
temporary custody of the following minor children:
Until the final hearing, all contact between Defendant and the child/ren shall be
limited to the following:
The local law enforcement agency in the jurisdiction where the child/ren are located
shall ensure that the child/ren are placed in the care and control of Plaintiff in
accordance with the terns of this Order.
6. Defendant shall immediately relinquish the following weapons to the
Sheriffs Office or a designated local law enforcement agency for the delivery to the Sheriffs
Office: 380 Handeun. Defendant Is prohibited from possessing, transferring or acquiring
any other weapons for the duration of this Order.
FX> 7. The following additional relief is granted:
The Cumberland County Sheriffs Department shall attempt to make service at
Plaintiffs request and without pre-payment of fees, but service may be
accomplished under any applicable Rule of Civil Procedure.
This Order shall be docketed in the office of the Prothonotary and forwarded
to the Sheriff for service. The Prothonotary shall not send a copy of this Order
to Defendant by mail.
This Order shall remain in effect until modified or terminated by the Court and
can be extended beyond its original expiration date if the Court finds that
Defendant has committed an act of abuse or has engaged in a pattern or
practice that indicates risk of harm to Plaintiff and/or minor child.
Defendant is required to relinquish to the sheriff any firearm license Defendant
may possess. Defendant's weapons and firearm license may be returned at the
expiration of the Protection Order after Defendant has submitted a written
request to the Court for the return of the weapons and the Court has notified
Plaintiff of the request and given Plaintiff an opportunity to respond. A copy
of this Order shall be transmitted to the chief or head of the police department
of Philadelphia and the sheriff of Philadelphia County.
Defendant is enjoined from damaging or destroying any property owned jointly
by the parties or owned solely by Plaintiff.
Defendant is to refrain from harassing Plaintiffs relatives
La/ 8. A certified copy of this Order shall be provided to the police department where
Plaintiff resides and any other agency specified hereafter: Carlisle Police Department, Army
War College Military Police and thei Police Department.
E+? ae
12> 9. THIS ORDER SUPERSEDES
ANY PRIOR PFA ORDER and
? ANY PRIOR ORDER RELATING TO CHILD CUSTODY
THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN
IN EFFECT UNTIL MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE
AND HEARING.
NOTICE TO DEFENDANT
Defendant is hereby notified that violation of this Order may result In arrest for
indirect criminal contempt, which is punishable by a fine of up to $1,000.00 and/or up to six
months in jail. 23 Pa.C.S. §6114. Consent of the Plaintiff to Defendant's return to the
residence shall not invalidate this Order, which can only be changed or modified through the
filing of appropriate court papers for that purpose. 23 Pa.C.S. §6113. Defendant is further
notified that violation of this Order may subject him/her to state charges and penalties under
the Pennsylvania Crimes Code and to federal charges and penalties under the Violence Against
Women Act, 18 U.S.C. §§ 2261-2262. Any protection order granted by a court may be
considered in any subsequent proceedings, including child custody proceedings, under title 23
(Domestic Relations) of the Pennsylvania Consolidated Statutes.
NOTICE TO LAW ENFORCEMENT OFFICIALS
This Order shall be enforced by the police who have jurisdiction over the plaintiffs
residence OR any locations where a violation of this order occurs OR where the defendant
may be located. If defendant violates Paragraphs 1 through 6 of this Order, defendant may
be arrested on the charge of Indirect Criminal Contempt. An arrest for violation of this Order
may be made without warrant, based solely on probable cause, whether or not the vlolation
is committed in the presence of law enforcement.
Subsequent to an arrest, the law enforcement officer shall seize all weapons used or
threatened to be used during the violation of this Order OR during prior incidents of abuse.
Weapons must forthwith be delivered to the Sheriffs office of the county which issued this
Order, which office shall maintain possession of the weapons until further Order of this Court,
unless the weapon is evidence of a crime, in which case, they shall remain with the law
enforcement agency whose officer made the arrest.
BY THE COURT,
f
judge
Joan Carey
LEGAL SERVICES, INC.
Attorney for Plaintiff
.r•qY
39 DII,_ 7,f .1A 3: 32.
Cu'.' G' U?lTY
-10`X r d ?- ('?cvC1s d ?u P`? P
DENA M. DICKERSON, : IN THE COURT OF COMMON PLEAS OF
PLAINTIFF
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
:NO.99- 510o-1 CIVILTERM
GEORGE R. DICKERSON,
DEFENDANT : PROTECTION FROM ABUSE
PETITION FOR PROTECTION FROM ABUSE
The Plaintiff is Dena M. Dickerson.
2. The name of the person who seeks protection from abuse is Dena M. Dickerson.
3. Plaintiffs address is 705 C Stanwix Circle, Carlisle, Pennsylvania, 17013.
4. Defendant is believed to live at 155 East Godfrey Avenue, Apartment, F5005,
Philadelphia, Pennsylvania, 19120.
Defendant's Social Security Number is 191-44-0648.
Defendant's date of birth is 3/3/67.
Defendant's place of employment is at Health Care Systems, Philadelphia, 19120.
5. Defendant is Plaintiffs estranged husband.
6. Plaintiff and Defendant have been involved in the following court actions for divorce,
custody, support, or protection from abuse:
Case name Case No. Date filed Court
Dickerson v Dickerson 05371 3/30/97 Hawaii / Cumberland County
Protection From Abuse Court of Common Pleas
7. Defendant has been involved in the following criminal court action:
1989- Simple assault, aggravated assault, and terroristic threats.
1993- Simple assault and recklessly endangering another person.
8. The facts of the most recent incident of abuse are as follows:
On or about August 13, 1999, Defendant became angry at Plaintiff and
grabbed her by the wrists to restrain her causing her to fear for her safety.
Plaintiff got free and ran outside. When Plaintiff returned to the residence to get
her daughter, Defendant pushed her against the wall causing her to hit her head
on the wall, grabbed her by the arm, and pulled her outside where Defendant
punched her in the eye and nose with a closed fist. Plaintiff ran from Defendant
who chased after her and tripped her causing her to land on the ground. While
the Plaintiff was on the ground, Defendant kicked and punched her causing her
nose to bleed. Defendant screamed at Plaintiff and threatened to shoot her if
she told anyone that he had abused her. Plaintiff got into the car to leave, and
again, Defendant threatened Plaintiff that if she told anyone about the abuse he
would kill her, and if she tried to call the police, she would be dead by the time
they arrived. Defendant hit Plaintiff on the side of her face causing her nose to
bleed again, pulled her over to him, and punched her in the face. Plaintiff had
x-rays taken at the War College clinic and suffered from swollen nose, swollen
face, a black and blue eye, and bruised arm.
9. Defendant has committed the following prior acts of abuse against Plaintiff:
a) In or about June 1999, Defendant became angry, grabbed Plaintiff by her arms,
and screamed at her causing her to fear for her safety.
b) In or about November 1998, Defendant called Plaintiff and threatened to come
to her residence and kill her.
C) In or about June 1997, Defendant hit the front of Plaintiffs car with his truck.
Defendant got out of his truck, yanked Plaintiff from her vehicle and shoved her
onto the hood of the car. Plaintiff called the police, and Defendant was charged
with assault and battery, and destruction of property. Defendant was discharged
from the army because of the domestic violence.
d) On or about March 30, 1997, Defendant punched Plaintiff in the face, pounded
her head against the floor, forced her to have sexual intercourse, and would not
let her leave until she took a shower. Plaintiff went to the emergency room and
had x-rays of herjaw.
e) On several occasions since 1993, Defendant has punched, pushed, strangled,
slapped, and kicked Plaintiff. On one occasion, Defendant pointed a gun at
Plaintiff and asked her if she knew what it felt like to be dead. One month after
Defendant and Plaintiff were married, Defendant pounded Plaintiff's head
against the floor, punched her, and cut her hair.
10. Defendant has used or threatened to use the following weapons against Plaintiff
A 380 HANDGUN.
1 1. The following police department and law enforcement agency in the area in which
Plaintiff lives should be provided with a copy of the Protection Order: The Carlisle Police
Department and the Army War College Military Police.
12. There is an immediate and present danger of further abuse from Defendant.
WHEREFORE, PLAINTIFF REQUESTS THAT THE COURT ENTER A
TEMPORARY ORDER, AND AFTER HEARING, A FINAL ORDER THAT WOULD DO
THE FOLLOWING:
A. Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff
and/or minor child in any place where Plaintiff may be found.
B. Order Defendant to stay away from Plaintiffs residence and prohibit Defendant
from attempting to enter any temporary or permanent residence of the Plaintiff.
C. Prohibit Defendant from having any contact with Plaintiff either in person, by
telephone, or in writing, personally or through third persons, including, but not limited
to, any contact at Plaintiffs school, business, or place of employment, except as the
Court may find necessary with respect to partial custody and/or visitation with the minor
child.
D. Prohibit Defendant from having any contact with Plaintiffs relatives.
E. Order Defendant to temporarily turn over weapons to the Sheriff of this County
and prohibit Defendant from transferring, acquiring or possessing any such weapons for
the duration of the Order.
Order Defendant to pay the costs of this action, including filing and service fees.
G. Order Defendant to reimburse Cumberland County, a Legal Services funding
source, $250.00 for the value of the legal services provided to Plaintiff for the cost of
litigating this case if the case goes to hearing.
H. Order the following additional relief, not listed above:
The Defendant is required to relinquish to the sheriff any firearm license
Defendant may possess. Defendant's weapons and firearm license may be
returned at the expiration of the Protection Order after Defendant has submitted
a written request to the Court for the return of the weapons and the Court has
notified Plaintiff of the request and given Plaintiff an opportunity to respond.
The Defendant is enjoined from damaging or destroying any property owned
jointly by the parties or owned solely by Plaintiff.
The Defendant is to refrain from harassing Plaintiffs relatives.
Exchange of custody for the minor child shall take place at the East Cocalico
Police Department, 100 Hill Road, Denver, Pennsylvania, 17517.
Grant such other relief as the court deems appropriate.
J. Order the police or other law enforcement agency to serve Defendant with a
copy of this Petition, any Order issued, and the Order for Hearing. The Petitioner will
inform the designated authority of any addresses, other than Defendant's residence,
where Defendant can be served.
Plaintiff prays for such other relief as may be just and proper.
Respectfully submitted,
>J
loan Carey, Attorney f laintiff
LEGAL SERVICES, C.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
VERIFICATION
I verify that I am the Petitioner as designated in the present action and that the facts and
statements contained in the above Petition are true and correct to the best of my knowledge. I
understand that any false statements are made subject to the penalties of 18 Pa.C.S. §4904, relating
to unsworn falsification to authorities.
1
Dated: 03AU6UcT lc?9C/ 1 r?Yl/c4 V?' `7 Yw1 9d T>s '{1
Dena M. Dickerson, Plaintiff
<'+ ":
-•?
{
i cJ cl
...
? ?.. iiJ
i`.
,,, rj
[i ..?