HomeMy WebLinkAbout99-06391
IN 'rHE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ALLFIRST BANK f/k/a DAUPHIN
DEPOSIT BANK AND TRUST
COMPANY,
CIVIL DIVISION
NO.. qi _ &3fl
Plaintiff,
Vs.
DAVID PATRICK WAGNER
a/k/a DAVID P. WAGNER,
TYPE OF PLEADING
ltl?
CIVIL ACTION - COMPLAINT
IN MORTGAGE FORECLOSURE
Defendant.
TO: DEFENDANT(s)
YOU ARE IIFREDY NOTIFIED TO PLEAD TO THE
ENCLOSED COMPLAINT WITHIN 1WENTY 4201 DAYS
FROM SERVICE HEREOF OR A DITAULT JUDGMENT
MAY DI :NTEREI NST YOU.
A :Y LAIN IFF
I IIEREBY CERTIFY THAT THE ADDRIISS
OF T11E PLAINTIFF IS!
P.O. no% 17292
nJlimae. MD 21203
AND T11E DEFUNDANFISI.
350 Ca lisle Road
Newvil . 1
ATI R iY FUR 1'LAINI FF
CER rIFICATi: OF LOCAL R N
111FRRaY C URTIFY TI [AT Till: LOCATION OF
THE RIiA I:STAIC API'I:CII[U 115"FAIN LIEN IS
350 CaT le ad M life, PA 17:41
A1-10RN1J PF.A l44
FILED ON BEHALF OF:
Alltirst f/k/a Dauphin Deposit Bank and
Trust Company
Plaintiff,
COUNSEL OF RECORD FOR THIS
PARTY:
Scott A. Dietterick, Esquire
Pa. 1.D. 455650
JAMES, SMITH, DURKIN R
CONNELLY LLP
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
IN TIIE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ALLFIRST BANK f/k/a DAUPHIN DEPOSIT CIVIL DIVISION
BANK AND TRUST COMPANY,
Plaintiff,
NO..
VS.
DAVID PATRICK WAGNER,
a/k/a DAVID P. WAGNER,
Defendant.
NOTICE TO DEFEND
You have been sued in court. If you wish to defend against the claim set forth in the following
pages, you must take action within twenty (20) days after this complaint and notice are served,
by entering a written appearance personally or by attorney and filing in writing with the court
your defenses or objections to the claims set forth against you. You are warned that if you fail to
do so the case may proceed without you and 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 SHOULD
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WI IERE YOU CAN GET LEGAL HELP.
LAWYER REFERRAL SERVICE
Cumberland County liar Association
2 Liberty Avenue
Carlisle, PA 17013
Phone (717) 249-3166
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ALLFIRST BANK f/k/a DAUPHIN DEPOSIT
BANK AND TRUST COMPANY,
CIVIL DIVISION
Plaintiff,
VS.
DAVID PATRICK WAGNER,
a/k/a DAVID P. WAGNER,
Defendant.
AVISO
NO..
LISTED HA SiDO DEMONDADO/A EN CORTE. Si usted desca defenderse do las
demandas que se presentan mas adclante en las siguientes paginas, debe tomar accion dentro do
los proximos veintc (20) dias despues do la notifacacion de esta Demanda y Aviso radicando
personalmente o por medio de un abogado una comperencencia escrita y redicanco en la Courtc
por escrito sus defensas de, y objecciones a, los demandas presentadas aqui en contra suya. Sc Ie
advierte de que si usted falla de tomar accion como se describe anteriormente, el caso pucde
proceder sin usted y un fallo por cualquicr suma de dinero reclamada cn la demanda o cualquier
otra reclamacion o remedio solicitado por el demandan?e pucde ser dictado en contra suya por la
Corte sin mas aviso adicional. Usted pucde perder dinero O propieded u otros derechos
importantes para usted.
LISTED DEBE LLEVAR ESTE DOCUMENTO A SU ABAGADO
IMMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO 0 NO PUEDE PAGARLE A
UNO, LLAME A VAYA A LA SIGUEINTE OFICINA PARA AVERIGUAR DONDE PUEDE
ENCONTRAR ASISTENCIA LEGAL.
LAWYER REFERRAL SERVICE
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
Phone(717)249-3166
.; y
tfz
IN TI IE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ALLFIRST BANK 17k/a DAUPHIN DEPOSIT
BANK AND TRUST COMPANY,
CIVIL DIVISION
Plaintiff,
Ys.
DAVID PATRICK WAGNER.
a1Wa DAVID P. WAGNER,
Defendant.
NO.: 99. 6391 e,,, 7.«..•.
CIVIL ACTION - COMPLAINT IN MORTGAGE. FORECLOSURE.
And now conics Allfirst Bank, f/Wa Dauphin Deposit Bank and Trust Company, by its
attorneys, James. Smith. Durkin & Connelly LLI', files this Complaint in Mortgage Foreclosure
as follows:
1. The Plaintiff is Allfirst Bank, a Mary land state-chartered commercial bank,
authorized to conduct business in the Commonwealth of Pennsylvania, and formerly known as
Dauphin Deposit Bank and'frust Company, with a principal business address of P.O. Box
17292. Baltimore, Maryland 21203.
2. The Defendant, David Patrick Wagner, a/k/a David P. Wagner, is an adult
individual whose last known address is 350 Carlisle Road, Ncwvillc, Pennsylvania 17241.
3. On or about November 18, 1996. Defendant executed a Note and Security
Agreement in favor of Plaintilf'in the original principal amount of $58,624.69. A true and correct
copy of said Note is marked Exhibit "A attached hereto and trade a part hereof.
4. On or about November 18, 1996, as security for payment of the aforesaid Note
and Security Agreement, Defendant made, executed and delivered to Plaintiff a Mortgage in the
original principal amount of $58,624.69 on the premises hereinafter described, with said
Mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County on
November 25, 1996, in Mortgage Book Volume 1353, Page 347. A true and correct copy of said
Mortgage, including a description of the premises, is marked Exhibit "B", attached hereto and
made a part hereof:
5. Defendant is the record and real owner of the aforesaid mortgaged premises.
6. Defendant is in default under the tcnns of the aforesaid Mortgage and Note for,
inter alia, failure to pay the monthly installments of principal and interest when due.
7. On or about September 16, 1999, Defendant was mailed a combined Notice of
Homeowners' Emergency Mortgage Assistance Act of 1983 and Notice of Intention to Foreclose
Mortgage, in compliance with the Homeowner's Emergency Mortgage Assistance Act, Act 91 of
1983 and Act 6 of 1974,41 P.S. § 101, et seq. A true and correct copy of said Notice is marked
Exhibit "C", attached hereto and made a part hereof;
8. The amount due and owing Plaintiff by Defendant is as follows:
Principal $54,143.02
Interest through 10/18/99 $ 9,218.83
Late Charges $ 344.28
Appraisal and P R J Report $ 255.00
Attorney's Fees $ 1,100.00
Title Search and Costs $ 2,500.00
TOTAL $67,561.13
4
t, r?
plus interest on the principal sum ($54,143.02) from October 18, 1999, at the rate of $14.46 per
diem, plus additional late charges, and costs (including additional escrow advances), additional
attorneys' fees and costs and for foreclosure and sale of the mortgaged premises.
9. Pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 ct seq.
(1977), Defendant(s) may dispute the validity of the debt or any portion thereof. If Defendant(s)
do so in writing within thirty (30) days of receipt of this pleading. Counsel for Plaintiff will
obtain and provide Defendant(s) with written verification thereof; otherwise, the debt will be
assumed to be valid. Likewise, if requested within thirty (30) days of receipt of this pleading,
Counsel for Plaintiff will send Defendant(s) the name and address of the original creditor if
dificrcnt from above.
WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount due
of $67,561.13, with interest thereon at the rate of $14.46 per diem from October 18, 1999 plus
additional late charges, and costs (including additional escrow advances), additional attorneys'
fees and costs and for foreclosure and sale of the mortgaged premises
JAMES, SMIU'114DVRKhN &: CONNELLY LLP
13Y: /
Scott A. Dic34ick, Esquirc
Attorneys for Plaintiff
PA I.D. # 55650
P.O. Box 650
1lershey, PA 17033
(717) 533-3280
THIS IS AN ATTEMPT" 1'O COLLECT A DEBT. AND ANY INFORMATION OBTAINED
WILL BE USED FOR TI TAT PURPOSE.
EXHIBIT "A"
OAVOawaE•afi -_- _.....r_. - -- _._. ? Sllai'.
Seem I
FA
NOTE A60SECURITYAGflEEMENT, Dacdyovtmen Its Coy
19_2k _ BanchC1,NS1l0ff@ sate Ip I e
e
Ilemmion of Amount financed
A A`
ACE
NU
F FINANCE Amount Financed Total of Pa menu
? Amwmuwmced
E
BR
R CHARGE Tnr4IFlFtofVealppaidedto TNassour WFt
naa[prd.nny°. p se624.69
The [atdyou ueGlas Ter dolW amwnl she
nrdtwlltoatyaw you ormyaur peMt. M/Irudrd ccMd4d paymmtt. Amwml grata stye darcth
s
9.490 %' S 51,502.91 I S 56.624.69 I s 110,127.60
Slcddty: yea w gh6g a Setulty install h-
0 U+ P44 lr property bring pcchased. s
M M4f doesrlplm dHM grapnel 111111 [street
Pass S DOCUMENTATIONFEE•f 15000 SATISFACTION FEE. I3000a IUNPAI01 S
Assumption: Semewe poring you hunts events olwme IM amader of me ban an the wigged toil.
Late ChargeI If a payment is laic, no will be charged 5% of the pymmt me to acted 115.00.
Prepayment: II you pa all early, you was me have is pay a penally.
Sre four mW Note and Security Agreement fa m addowall nlwmatkm Waal IlwyeymanL dtfrAL enf twittered aftemmt In top
baron the umdM dta and ptpsyneent aludl end penalties. 'a' mm estmatt
Stage NOW, Amount 1-104riced A red Payment Schedule shown above
it (which Is called the 'Note'). You arc the pawn (or persons) who
room than one person signs below, cacti will be liable. separately an
YOU PROMISE DAUPHIN DEPOSIT BANK AND TRUST COMPANY s
TO PAY TO US: 3607 Garry Strut Harnisburg, la 17111 to
or as our order, At anyy ear our 0ffca, are Am+unt PnrlalKed, plus interest as provWed below, In She number of equal S
Wantedy ppa.y)ori shown in elm Payment Schedule. I•ayments are due beginning on the date indicated In the
Paymrnt Schedule and on elm same day of each following nmmle until we arc paid in full. You may pay in advance 10
all or pan of the balance due at any nine w idaut penally or premium. S
SECUR177 AGREEMENP As security for de prompt payment of the IIOIY LYTERE.ST IS CHARGED: The Finance Charge comids only o
sumo you owe and de pmpcr pe formate of your promiws m this Note, interest imposed daily on the ouwaxlin? balance of the Amount Finaca
you and all the 'Co-Ownen' signing Minw giant m: at one Annual P°rcentaga Rate. Tim Finaee Charge shown above was
(1) a smelly Interest let the following personal prupcay, aid its figured by assuming that all payments were received on their due dae%, I
equipment axed accessories: any payment is late, you must pay more Finance Charge than Is shows
because of the additional interest imposed. If you pay early, elm Finance
1. Charge will be lea. The amount of the increase or decrease In Finance
Charge will be due with the last payment, which will be mdifed it, milre
2, tle actual amount then due.
Sh70FF. The law gives us a right of sel olf in any of your property in our
3. pottefsion at any time, Includin detasil accounts. This means flat, if yc:
default. we may exercise our rig Su of set-oft and apply any of your prupea)
Our security interest includes pans. called 'aceessioni,' added to dw in our possession, Including depove accounts, 10 the Suisse you owe on this
pcraoml propane at any later time. Note.
(I) s Mongage ore blicAatatl oo FLOOD INSURANCE: If this Now is secured by improved real elute or a
111"If pA 1?241 i enables home, which is located in a flood Bone, n+ Insurarnce Is require,
(or the full term of this Not.
?It the property which sumsn is Note Yn called the 'Collateral.' Our PROPERTY INSURANCE: If his Now Is Secured by Collateral which c
your responsibilities g epersonal property Collateral not in our possession, insurarsee against physical damage to the Collateal h
ate %'rdcd In thin Security Agteere nl, which consinuea on the reverse re uircd for the full term or this Note.
aide. Our rights In any real property Collateral arc contained In the q
age. At your expense, your will cooperate and pin with us In signing FLOOD INSURANCE AND PROPERTY INSURANCE MAY BI
Mdug documents and hh taken, any other steps which we dean OBTAINED THROUGH ANY AGENT. BROKER OR OTHER PERSON
nxesury to 1+crimt, maintain perfection of, ad salary our trourity OF YOUR CHOICE. Sae Insurance in Section 2.4 of the SecuriP
Interco in the Collateral. Agreement on the reverse side.
AUTOAUT/C PAYAfENFS: 0 If checked, you request that all monthly payments due, including Hte payment and renamed item charges, on this Not
be charged to and paid from your Account No. You tuthuriee us to automatically pay each monthly payment when due from the
Account beginning and continue until all joins owed on this Note have been paid in full.
CREDIT INSURANCE IS NOT REQUIREDI Subject td acceptance by Ile inter named below, credit insurance it available through us for the test
of this Note at the cows slluwn below. Single CreJn Life awl Single Credit Accident & Ilalth Insurance are available w any one Borrower or Co-flgc..
signing below rot Insurance. Joint Credit Life and Joint Credit Accldtm and Health Insurance are available to any two of you Signing for Such insunnc
below. No credit Insurance will be prorWtJ unlcer Ile appropriate staeemepn(s) is slggfled by the Puyer(%) to be insured and the coats shown below at
bcludeJ in the Amount Financed. (See the NOTICI: OF PROII)5ED CREDrT INSURANCE on the reverse skit).
By signing, You want Singlc Credit [.,to Insuracc. wInch
nu What is
Ignature uycr w aKi urcd( fur Single your age?
Credit Life Insurance. '?, So
costs
wool are
your ages?
2. •
5 `MWra 0 1 weave k+ ntwre ear
lulu CrcJB Lice Iroualwe.
Wearer: US LIFE CREDIT LIFE Insurance
YOU
YOU INTEND TO BE
costs a your
TERMS OF THIS NOTE.
THIS NOTE.
What is
your Age?
Years
are
(5[AL;
1 'Ii
turrowa's lent ore
(SEAL'
ouuwa t Signature
(SEAL;
otrow°r a aldnsture
fly signing. You want Single Credit Accident &Ilealth
Insurance. which Cosa S
rgnatum o uyycr to injured or Single
CreJn Acekient & Ilealth Insurance.
(SEAL;
Illlefa IUII+)wels bltratune
444CUrW4a I Wt4 PASN ACV) I.0+I1 IWN %O'I'ICI;: SEE Rr.VERSE SIDE FORIMPORTA\T INFORMATION. erwnarnanusn anhc[dvt.
ADDITIONAL I ERNIS
The following are cacti 'Defaults'. periodic statements its therefore, no receipt will be issued nor mailer
u make any payment to US on or Mfnre the day it comes at the time thew tramfers/parmenls occur. Transfers k;•eduled for dales
?Ide us with fain information or signatures at an lime; [list are non•busineas days for us will be processed on the business Jay
____. y following the requested date. This authoritarian will be ettectim until wl
wmp?etenp
after If pedarm any of your promises or
iecurny Agictnicol.
ter hathav me thungvge, or in
'oil most or have with us;
din as d he of later clone due.
Janna ed of Jnuiged,
sn wl I, Hit g"rn tar delivered. in
on wlw it Iwl a parry 141 toe Security
the Uankrupcy Code by or against you;
cord Agatnsl )row or
eJ Or %Object It 1wind forfeited.
nAVAI&VT IN FULL, It rosy Default
'accelerate' the maturity of this Noe.
entire rematmng¢ oliPaid balance or file
test w M Immediately due rod payyable
.
ed by a Marttafe on residentis real
ry law, we will hrst send??Yyau a Iimely
of Our right a cure the Default and of
?tN do rot cure within IM lino ptrbJ
aIS action to collect amountst io III costs at Our teawmDIt attorrayOur It in w collect a rneyt' fees may
poor ed by law. We will continue, and
Olson interest dady on all sumt owed to
receive written notice of termination or change in die terms of the transfer
hum you. We may terminate this alreclrent with firmly days srinrn notice
The service rill M ducominued after a second overdraft violation occurs.
MULTIPLE PARTIES: If dKrc Is more than one Borrower on this Note•
or man or Marc Co,Si sets, all of your obhgalwns stall he primary. Each
will be liable, aeparaely and together, for all prunes In this Nine.
WAIVERS: It we declare 1M uiiplW bahlKe Of tlK Nom aid r,owd
interest so be immedatcy due and Maroc. you waive your tight, w
require us to dm Sadism things. Those things ale:
(t) to demand payment of amounts due (known as -presentment-).
(it) to give notice that moults due have slat Men paid Onow , as 'no1Kl
of dtlwnor'); and
(iii) to obtain in official cenification of nonpayment (known as *pnw%I*).
NO NOTICE OR LOSS OF RIGHTS: We can do any of the followtn(
without telling you or losing any tights against you or the Collateral:
Oaceept a check or other order marked 'paid in full' or with simlla
lingua ea as a partial payment under this Note;
(li)`Ive additional it= for payment of any amount owing under thi
Ole;
(ildexercite, give up or delay exercising any right against any person o
pmtwcu in ilia now until we recervc ryymenl In NIL, even
U we have obtained judgment against you )proJlKsty,
release an
i
(r
[enf
ti
u
Rr
l
LATE MARGE. If in
y payment is not made within 10 days of its due
date
we will close and you a
ree to
a
a late
a
ment ch
f SA
f )ot fail
r m
w protect
t
orce o
n
ny of file Collateral:
rol
RIS
O
hi
f
ll
Y
,
g
p
y
y
p
arge o
o
to amount of the late
a
mem n
d $I 7 W
t to ou will remain bound by t
s Note even i
the Ca
aters
ROFL
SS:
y
p
excee
.
o
RETURNED ITEAf CHARGE
If
f is lost. stolen, damaged or destroyed.
:
any ps yrrtm
or any amounts owed
returned,
you will
charged,
s agree
der this
Now
s
to p BENEFIT AND BUMEV. All of be Mncftla of this Note shall favor us
f
for
h
rclurned
item. This
h
fay ad
a
lay. our successor and assigns. The Obbilinons shall bind you, and you
heir
personal representatives and assigns
yyesymeth charges you may, Incur.
PAYAIENT OF FEES TO PUBLIC OFFICIALS: You agree Of pry any .
.
NOTICES: Unless otefwise required br law, each dcmar.J or notk-
and all fees for the pedcaioo, c nlamation and ubduclx)s of our under this Nutt, Stull be delivered or sent by regular mail, addressed to tit
security interest In either poaoml or real prul.ny, parry at its address provfddl in this Note. Either party may chaotic it
ALVIOR/LIT/ON FOR AUl'UAIA TIC TRANSF/iR: You slice to Made address by giving sucll a notice to site other party. Reasonable twlke, whet
by our rules concsnin aummatk lan.fcrs. This service is subject to all
l notice is required, shall be deemed to be 10 days.
future state and federa
rugulnory clunues its addition of changes in our
Rules, Regulations and Ises. TIK loult.clwsl x111 be Or oiteJ tin the LAW,..'fists Note will be governed by dw laws of the Commonwealth o
Pennsylvania, rod any applKabte federal 14w1.
SI':CUitrn AGRIIih1ENT
SECTION 1. LOAN AND COLLATERAL. When you sign this Note and interest as provided in this Note. If you lad lO havuf your promises in
deliver it to us, and complete the ullter rcquircd dctads, we will make a
ban to
Thi
S
A maintain Insurance in effect, of to paY filing tees, laws or the costs
yyou.
s
eeunry
getnlet appplks only to the collateral av
describe on de front tide of Ilita Note. As used in tire following sections nccesairy to keep the Collateral in fit a nthoom and repair, we m]yy. It
we alone chows advance any sums you pfulnlwd to pay and Ublau,
'of this Security Agreement. 'you' also includes airy Co Gw ncr of the
Collateral.
' If it insurance. However, any rrpiactnKm insurance we obtain ua
curer WsS of damage 10 the COlateral may be hinted is) an amount ten
SEMON 7. YOUR OTHER AGRERUENTS. 7.1 011h'. SELL, ETC,
Y
t
C
ll
l k'leater than what you awe on Ihit Now. Ant anmmll w< advance in your
Ch
OU own
o
o
atera
free and clear of all lent and security Contexts. D[half will he added w the balance on whw we impose Finance
arges
You will not nil, transfer, lease, give, deliver or otherwise J1Spow of the at she Annual percentage Rate of this Note, and may be rera)able: a)
Collateral, in whole or in part, to any person who is our a party to this immediately on demand, (it) along with your monthly pa) nwnts; of him) I
Smurky Agreement. YOU wilt flat permit any two or security Inerest to M file end of the Note, at we allow may speedy. Our payments tin your behalf
obtained on the Collateral rwMrfrom Ours. will our cute your failure to perform your Citations in this Smarmy
2.3 MAINTAINING THE C01lATERAL_ At )nut cost, you will Ag¢rcement.
ll
l
i
i
h
C
maintain the Collateral in good condt[ion and repair, You wall preserve it atera
at any
m,pccl t
e
o
TJ INSPECTION. You will perm
t us m
alnsl loss or damage. You will pay all axes and tither charges on the
C=ollateral. YOU will nor use the Collateral illegally ter for hire. reasonable time.
SECTION J. NO LOSS OF RIGHTS. The Nate and this Security
33 DEPOSIT ACCOUNTS. If the Collateral consist% of a deposit account
tifi
i
f d
f
o Agreement may be negotiated, ant ncd, extended or rencwtJ by us
We may add or release any
ou or the Collateral
without releasin
an
of
r cer
cate o
epos
t, we may re
use to allow you to close the account .
g
y
y
ref withdraw any sums from it. IF the account or Certificate of deposit M,non or property obligated under Itle Note and this Security Agreement
mixtures while the Note remains unpaid, we wall automatically rtncw the widwul lOUng fur ri tits in the Collateral.
A default under to Note wall be a Default under
SECTION d
DEFAULT
Jepos 1 for the sloe time pcH d, as provided in the deposit agreement,
unleu yoil and we agree that the deposit should be renewed on other
1 .
.
Ibis Stcurily Ageeemenl. In aJJtimf lac all the a{{hu std rnnedes of a
if
il
J
U
terms.
90 Cartel certificate or account shall be Collateral subject to
hi
S
i
A orm
er
e
n
ucufe0 p+ny on ddaull which tie pruvWeJ m
we decfare tM Note m Ix immcJtalely du< and payable
COmmercul CnJe
t
s
tcur
n Nrmmenl.
lR
d on f ilk Note. you will carry
are w
E. While any wl k
s t
°
d
'
J
i
I
l
d
C
'
'
I
insurance on .n
it
is
e
Y tibAgainst afire.
nd
Iteft andmhar casualty. T1K ry11cy mml control a • dMu JeJUalhle cause and d
e may apply an
t s
ts
nc
u
e
UCATIO,Y
OF
UEPO.SLTS. K
I AI
1
in ILK Cdaltul + ainst We tams the Uanuwu awn mi Ihq Note. If the
g
us.
The must name us ass and the 'lust-paye< 0 The that a licyamust lprovtde Cat anpotmi
Iernm arts Ibe depuMf Mfufe ilurny tar rcdita on the Cullniral elf rat
it to bePayable US you and it, us as on, trlierells spfear. It Inust Alto
provide at we be given out test than IU Ja>s (nor written m oWt Of any ref minne ILK deCiuut. Ibe cunlraCf al JepUYll Ur applK]DIC law may require
11111 We Imlwn saDlanllal PeIIlI1Kt fllf 111[ slily W IIIdaW l1.
i
r
IK
W'
I
nd
ti
NU
C
EfUI
cancellation or reduction in coverage fur any reawa. On request. YOU
shall deliver Use policies, eerltfKates or other evoirott at imurame to or. rc you
n surre
e
e mlY ralu
J.J .
ER OF
(
WT
..
URRE
ILK w.'Onatefn IU Yf !1 a ftawln]DI raIIY[IIKIII plNt W e dnlgn<IC.
POSSESSIOL. If you Jn lul surrender Ile Collateral
LJ PEACEFUL RF
In the event of any Wa or damage to Ibe Collateral, you will our .&lely
Poll fy us bl wrki"Saudi a Ciwil of Wt, with the unwer, Wc may 1c a
r, .
t, we may lake posusion of il. with ter wnhow I prates, in
mnn
te
n
bl
r
pm of hill On your Mhalf d you ail or close or it,, nl We Ay
a'$"
tlgll ymYr nllM w ]IIY eIKe k, draft or lick, Omer fur 11K Sta
m of er o on n a
y p
ordrome wide taw. YOU autlwrim us to peacea
y s
c
cc
wlttre the CUII]I<ral stay M Ial10J (Jr 14 par it or Ia110g pIIIKUwm
Yl
d
I
m
Wur f(KKJS m IM vNcui of Ims of JAm •e lac t1K Collateral. If it is
pp k ai
ltIlMl
.
m¢¢ I
'A'SES OF REPOSSESSION AND STORAGE. We may charge
LI EXI't
4
4
«olamkally feasible, In our jwlgrnenl, we wJl apply to insurance
press; ads w of air or replace the Cantle I.. Omerw ise, we sell apply Ile
ppCar Kdi u rlYlJet the uan You owe on this Note .
our reasonable elPestns In rcpussessing, transporting, repairing,
you .
stain and selling she Collateral So long as trey, se allowed byaw.
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7.3 NOTING OUR SECUF/TI' INTEREST
If a cenilicue of title a Yer
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issued for the Collateral you will assist us in It vtng our security intsnt
noted on she certificate aj title he you
e w
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Collateral at one or more public or pr[o]se sales.
reasurs stoles of to It= and place of sale. We may purclase the
.
1.6 YOUR AUTHORITY TO US. If you last to Jo who is required of )oil Collateral at Thal sale, free of an equitable or legal rigAl or claim you may
tine lateral he Collateral. We wily equapply the r legal ri of same m1 to our
DYY Sections s 2.2. 2.4 and 2.3, we may. it wr Qnwse, pedonn your
and pay tuck costs rod wfenns We will add the ]mounts we expenset and then to the sums you Uwe on INS Nile. We will pay trayr,
surplus to you. If a sum it still owed to m. you and Co-Signer man pay N
Advance to
nce to the time tie Oarrowa owes on this Note. on wroth we impose In of.
The Signer(s) of this Note hereby filed) notice Ihat Group Credit Life Insurance coverage and/or Group Credit Accident and Dcalth Imurance
coverage, will be applicable to this Note if w narked tin the front or mss Note, and each such type of coverage will be written by the Insurance
compan y named. This insurance, subject w acceptance by the insurer, coven only the person(s) sitinmlf the request fur such insurance. The amount of
charge It hdkned for each type of credit hlturatue to be purchased. The term of the Insurance will, commence as of the date the Indebtedness Is
incurred or on the date from which the interest or Final" Charges accrue. If later, and will eSppise on the original Scheduled maturity dale of the
Indebtedness. Subject to acceptance by the insurer and within TO Jays, there will be delivered to the Inured debtor(s) a a<nsncale of insurance pure
fully describing the Insurance. In the event of pirpa)men of the indebtedness, a refund of Insurance charges will be made when due.
NOTICE-ANY HOLDER OF TIIIS CONSUMER CREDIT CONf14ACT IS SUIUECT TO ALL CLAIMS AND DEFENSES
7YIIICH THE DEBTOR COULD ASSERT AGAINST' THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT
HERETO Olt WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY TI E DF.IIT'OR SHALL NOT EXCEED
AMOUNTS PAID IIY THE DEBTOR IIEIII:UNDER.-
aUOes not apply If purchased for commercial or ogrlcullurol un. If this loan Is applied M whole or substantial part to a pa,,b,O# or glxdl or
aOffice from a seller who Is Ylrillated "1111 Rank by common control or Coldness arrangements then 1 have the rights set forth under "notes'
shown above.
a4[bM1l.'wO rWw tat" nC 111 M1w, NO IICII:SEEFRONI' SIDE FOR IMPORTANT INFORMATION
DAUPHIN p6POyS1T NK AND Tf ST COO' , olc (Qd` I jf 7
?? /J - AUl'fi - MORTGAGE BRANCHCarE34ome
THIS MORTGAGE made this 18 day of NOVEMBER , 19 96
between OAY10 PATRICK WAGNER AKA DAVIS P WAGNER
of _3SOCARUSURO NEYMUE PA 17241 , Pennsylvania, as Mortgagor, and
DAUPHIN DEPOSIT BANK AND TRUST COMPANY , P.O. Box 4800, Harrisburg, Pennsylvania 17111 as Mortgagee.
W17MESSETH that the Mortgagor has executed and delivered to the Mongagee a Note, with late charges and other charges, on this data, in the
Financed Amount $ 58624.69 with interest there on at the rate specified therein, requiring the performance of all the terms, covenants
and conditions therein contametl; a of which are made an integral pan hereof and incorporated herein by reference. As evidence of said
indebtedness of Mortgagor to Mortgagee, and as security for payment of said Note. with interest and in consideration of $1.00 paid by Mortgagee,
the Mortgagor does hereby bargain, sell, grant and convey unto Mortgagee:
ALL THAT CERTAIN piere of land, situate in:
L diSi iii.,663A6
. County or CuM6CRIANG
(City. Soso.. Two.(
2' County of
(City, Soto., Twp.l
3' --- County of
ICrtY. Boro., TwP•1
and Commonwealia of PemaitIvania, known as: 1.350 CARLISLE AO _ NEWVILLE PA 17241
2. _ 3.
Ildenti0catton of Mortgaged premisesl
For title Into t..^,a M.origager, see Deed recorded In the County of CUMBF11t1i
1. in: Deed Book WOurne , Page , Parcel Number
2. In: Deed Book rV'olume , Page , Parcel Number
3. in: Dead Book Wolume , Page , Parcel Number
TOGETHER with all buildings, improvements, rights of way, rights and privileges, hereditaments and appurtenances, and the reversions, remainders,
rents, issues and profits thereof.
Mortgagor covenants and warrants that Mortgagor has lull fee simple title to premises described above; that the buildings on the premises shall be
kept insured against loss by fire and other casualty for benefit of Mortgagee in amounts satisfactory to Mortgagee, with standard Mortgagee clauses
and Mortgagor will pay any tax, assessment, municipal or other governmental charge, including water and sewer rants charged to said premises,
and will deliver to Mortgagee receipts therefore immediately, on demand.
Provided that it said Note is paid in accordance with its terms and it all other terms, conditions and covenants of this Mortgage and the aforesaid
Nola are performed, the estate hereby granted shall cease and this Mortgage shall be void and or no effect.
In the event of default hereunder, Mortgagee may institute an action of mongage foreclosure hereon. If Mortgagee retains an attorney to institute
Action on said Note or an action or foraclosure on this Mongage, Mortgagor slid!; pay, In edditiun to the principal, interest and costs, an attorney's
collection fee of 15% of the principal balance than due; and it a judgment is entered in favor of Mortgagee against Mortgagor In said suit and
Mortgagee thereafter secures a Writ of Execution or other appropriate writ, Mortgagor waives all rights and benefits under any and all laws or rules
of the court now or hereafter in effect, granting or permitting any exemption or stay of execution against the mortgaged premises or any othc-
property whatsoever, and such judgment shall bear interest at the maximum legal rate unti; the full amount of the debt is actually paid.
The word 'Mortgagee' shall be construed to include successors and assigns of Mortgagee, and the word 'Mortgagor' shall be construed to include
the respective heirs, executors, administrators, successors and assigns or Mortgagor. It there is more than one party named herein as a Mortgagor,
the word 'Mortgagor,' whenever occurring, shall be deemed and taken to be the plural; and all covenants, waivers, warrants, promises and releases
by, and the obligations or liabilities imposed on Mortgagor under this Mongage shall bind them jointly and severally, together with each of their
respective heirs, executors, administrators, successors and assigns.
IN WITNESS WHEREOF, and intending to be legally bound tiprebv, Mortgagor has hereunto set hand and seal the day and year first above written.
ed and delivered in the iI as a of:
ISEALI
ISEALI
ISEALI
vid353 FACE: 347
ISEALI
SANCONSLIMER FORM PAS109 24 L (7/96) RECORDING 01996 BANCONSLIMER SERVICE, INC.
IL-367 nAtfin p WanfiFit
REQUEST FOR NOTICE OF DEFAULT AND FORECLOSURE
UNDER OTHER MORTGAGES
Owner and Lender request the holder of any mortgage or other encumbrance on the Property to notify Lender, at the address set forth below, of any
default, sale or foreclosure action that pertains to the Property or Lender's Interest therein.
STATE OF PENNSYLVANIA)
1 SS:
COUNTY OF C'G"4:r e0l^:9
p N y (ii.?
On this, ttro day of 1976 before me, the undersigned officer, personally appeared
DA PATRICK WAGNER AKA DAVIDPWAGNER
origagor s
known to me for satisfactorily proven) to be the personls) whose namels) is late! subscribed o the within Instrument, and acknowledged that (he, she
or they) executed the same for the purpose therein contained. „ .............
IN WITNESS WHEREOF, I have hereto set my hand and notarial seal. //A ?f ?? ,,•'? tld ??;;
Nolatia! Scc!
Harold S. Irvin III, Nn!nr)• ('L•S1,
C71n!Fto Ciro, Cumb_Aand (.cunt
My Coccnbcion E)p!rcr. Stpl. 1<, 16
kW.,JIN, f'w a?nu Yll?rW1Y,J•, ?C$
I HEREBY CERTIFY that the precise residence of the Mongageels) and
DAUPHIN DEPOSIT BANK AND TRUST COMPANY
RETURN THIS DOCUMENT TO:
DAUPHIN DEPOSIT BANK AND TRUST COMPANY
Records Department
P.O. Box 4190
3007 Derry Street
Harrisburg, Pennz*arIs 17111
Pennsylvania t Sc
of Cumberland j
t ad iq the office for the recording of
and 4WAumberiand Counts Pa-i
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PARCEL NO. 46 -0R- OSYY- oZ7,
THIS DEED,
MADE THE Z S -day of November, in the year one thousand nine hundred ninety-four
(1996),
BETWEEN JOHN MARK WAGNER, single man, of West Pennsboro Township,
Cumberland County, Pennsylvania, hereinafter called Grantor,
AND DAVID PATRICK WAGNER, single man, of West Pennsboro Township,
Cumberland County, Pennsylvania, hereinafter called Grantee:
WITNESSETH, that in consideration of the sum of One and no/100 ($1.00) Dollar, in
hand paid, the receipt whereof is hereby acknowledged, the Grantor does hereby grant and
convey unto the Grantee, his heirs and assigns,
_ALL his undivided one-half interest in that certain tract of land with the improvements
thereon situate in West Pennsboro Township, Cumberland County, Pennsylvania, bounded and
described as follows:
BEGINNING at a point in the center of the Newville-Carlisle Road (Pa. Route No. 641),
said point being 816 feet west from the intersection of the aforesaid Newville Road and a
township road known as the Crossroad School House; thence along the center of the aforesaid
Newville-Carlisle Road, a distance of 100 feet in a westerly direction to a point in said road;
thence in a southerly direction along a fence line, a distance of 200 feet by a line at a right angle to
said road; thence in an easterly direction, a distance of 100 feet by a line parallel with the
Newville-Carlisle Road to an iron pin; thence in a northerly direction, a distance of 200 feet by a
line at a right angle to the aforesaid road, to the Place of BEGINNING.
BEING the same property which John B. Wagner and Hclen F. Wagner, his wife, granted
and conveyed to John Mark Wagner and David Patrick Wagner, as joint tenants with the right of
survivorship, by deed dated February 4, 1981 and recorded in the office of the Cumberland
County Recorder of Deeds in Deed Book "H", Volume 29, Page 347.
It is the intention of this deed that John Mark Wagner is conveying his undivided one-half
interest in the property to David Patrick Wagner, who will now own full title to the property
AND the said grantor does hereby covenant and agree that lie will warrant specially the
property hereby conveyed.
IN WITNESS WHEREOF, said grantors have hereunto set their hands and seals the
day, month and year first above written.
Signed, Sealed and Delivered
A in the presence of
,, , ?L J0_4 Lj . (SEAL)
JOHN MARK WAGNER
COMMONWEALTH OF PENNSYLVANIA :
COUNTY OF CUMBERLAND
On this, the 7 / r' day of November, 1996, before me the undersigned officer, personally
appeared JOHN MARK WAGNER, known to me (or satisfactorily proven) to be the person
whose name is subscribed to the within instrument, and acknowledged that he executed same for
the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set m hand and seal.
Notary Public
. %:and :,ur t y
I
I do hereby certify that the precise residence and complete post office address of the
?A? ilYi ,v,??u??Ct Q,e• r179/
within named grantee is S50
r
J ( /
November Z/ , 1996
Attorney r grantee w T ;
COMMONWEALTH OF PENNSYLVANIA :
:sr.
COUNTY OF CUMBERLAND
RECORDED on this day of November, 1996, in the Recorder's office of the said
County, in Deed Book , Page Given under my hand and seal of the said office, the
date above written.
Recorder
HAROLD S. MWIN, III
Attorney at Law
35 East High Street
Carlisle, PA 17013
717-2476090
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David Patrick Wagner
&Wa David P. Wagner
350 Carlisle Road
Newville, PA 17241
ACT 91 NOTICE
September 16, 1999
Via Certified Mail -
Return Receipt Requested
Regular U.S. Mail
TAKE ACTION TO SAVE YOUR
HOME FROM FORECLOSURE
This is an official notice that the mortgage on vour home is in default, and the lender
intends to foreclose Specific information about the nature of the default is nrovided in the
attached pages,
The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to
help to save your home.
This Notice explains how the program works
To see if HEMAP can help you must MEET WITH A CONSUMER CREDIT COUNSELING
AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you
when you meet with the Counseline Aeencv.
The name address and phone number of Consumer Credit Counseling Agencies serving
your County are listed at the end of this Notice If you hnve any questions, you may call the
Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired
hearine can call (717) 780-1869).
This Notice contains important legal information. If you have any questions,
representatives at the Consumer Credit Counseling Agency may be able to help explain it. You
may also want to contact an attorney in your area. The local bar association may be able to help
you find a lawyer.
LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA
SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL
CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION
INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING
FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES
SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO
"HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL
PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU
HIPOTECA.
At
„3
HOMEOWNER'S NAVIE(S): David Patrick Wagner a/Wa David P. Wagner
PROPERTY ADDRESS: 350 Carlisle Road, Ne%vville, PA 17241
LOAN ACCT. NO.: 62782488007
ORIGINAL LENDER: Allfirst Bank, f/k/a Deposit Deposit Bank and Trust
Company
CURRENT LENDER/SERVICER: Allfirst Bank, f/Wa Dauphin Deposit Bark and Trust
Company
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE
YOUR HOME FROM FORECLOSURE AND HELP YOU
MAKE FUTURE MORTGAGE PAYMENTS
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S
EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY
BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE:
IF YOU DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND
YOUR CONTROL
IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR
MORTGAGE PAYMENTS, AND
IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY
THE PENNSYLVANIA HOUSING FINANCE AGENCY.
TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a
temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice.
During that time you must arrange and attend a "face-to-face" meeting with one of the consumer
credit counseling agencies listed at the end of this Notice. THIS NIEETING NIUST OCCUR
WITHIN THE NEXT (30) DAYS IF YOU DO NOT APPLY FOR EMERGENCY
MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE THE
PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT."
EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE.
CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the
consumer credit counseling agencies listed at the end of this notice, the lender may NOT take
action against you for thirty (30) days after the date of this meeting. The names, addresses and
telephone numbers of designated consumer credit counseling agencies for the county in which
the property is located are set forth at the end of this Notice. It is only necessary to schedule one
face-to-face meeting. Advise you lender immediately of your intentions.
APPLICATION FOR MORTGAGE. ASSISTANCE. - Your mortgage is in default for
the reasons set forth later in this Notice (see following pages for specific information about the
nature of your default.) If you have tried and are unable to resolve this problem with the lender,
you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage
Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's
Emergency Assistance Program Application with one of the designated consumer credit
counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies
have applications for the program and they will assist you in submitting a complete application
to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked
within thirty (30) days of your face-to-face meeting.
YOU ?t? UST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO
SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN
THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME
IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL
BE DENIED.
AGENCY ACTION - Available funds for emergency mortgage assistance are very
limited. They will be disbursed by the Agency under the eligibility criteria established by the
Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it
receives your application. During that time, no foreclosure proceedings will be pursued against
you if you have met the time requirements set forth above. You will be notified directly by the
Pennsylvania Housing Finance Agency of its decision on your application.
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION
IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR
INFORIvIATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN
ATTEMPT TO COLLECT THE DEBT.
(If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance)
OW TO CURE YOUR MORTGAGE DEFAULT (Brine it up to date.
NATURE OF THE DEFAULT - the MORTGAGE debt held by the above Lender on
your property located at: 350 Carlisle Road. Neville. Pennsvlvania 17241 IS
SERIOUSLY IN DEFAULT because:
YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months
and the following amounts are now past due:monthly payment of $611.82 for the month of
March 1998 through August 1999 for a total monthly payment amount of $11.012.76.
Other Charges (explain/itemize) Credit report and appraisal in the amounts of 590.00 and
5165 00 respectively plus late charges in the total nmount of $329.28,
TOTAL AMOUNT PAST DUE: $11.597.04
HOW TO CURE DEFAULT - You may cure the default within THIRTY (30) DAYS of the
date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER,
WHICH IS S 11.597.04, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES
WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made
either by cash, cashier's check, certified check or money order made pnvable and sent to:
James, Smith, Durkin &: Connelly LLP
ATTN: Scott A. Dietterick, Esquire
P.O. Box 650
Hershey, PA 17033
IF YOU DO NOT CURE. THE DEFAULT - If you do not cure the default within THIRTY
(30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the
mortanee debt, This means that the entire outstanding balance of this debt will be considered
due immediately and you may lose the chance to pay the mortgage in monthly installments. If
full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender
also intends to instruct its attorneys to start legal action to foreclosure upon your mortgaged,
property.
IF THE MORTGAGE IS FORECLOSED UPON -The mortgaged property will be sold by
the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you
cure the delinquency before the lender begins legal proceedings against you, you will still be
required to pay the reasonable attorney's fees that were actually incurred, up to $50.00.
However, if legal proceedings are started against you, you will have to pay all reasonable
attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees
will be added to the amount you owe the lender, which may also include other reasonable costs.
If you cure the default within the THIRTY (30) DAY period, you will not be required to
pay attorney's fees.
OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid
principal balance and all other sums due under the mortgage.
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured
the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you
still have the right to cure the default and nrevent the sale at any time tip to one hour before the
anv other costs connected with the Sheriffs Sale as specified in writing by the lender and by
nerfotming onv other requirements under the mortgage. Curing your default in tite manner set
forth In this notice will restore your mortgage to the same position as if you have never
defaulted.
EARLIEST POSSIBLE SHFRIFF'S SALE DATE. - It is estimated that the earliest date that
such a Sheriffs Sale of the mortgaged property could be held would be approximately six (6)
months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be
sent to you before the sale. Of course, the amount needed to cure the default will increase the
longer you wait. You may find out at any time exactly what the required payment or action will
be by contacting the lender.
HOW TO CONTACT THE LENDER:
ame of Lender: _ Allfirst
Address: P.O Box 17292, Baltimore MD 21203
Phone Number: 1-800-441-7202
Fax Number: 302-934-2927
Contact Person: Norman F Hudson
EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your
ownership of the mortgaged property and your right to occupy it. If you continue to live in the
property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other
belongings could be started by the lender at any time.
ASSUMPTION OF MORTGAGE -You mayor XXX may not sell or transfer
your home to a buyer or transferee who will assume the mortgage debt, provided that all the
outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale rnd
that the other requirements of the mortgage are satisfied.
YOU MAY ALSO HAVE THE RIGHT:
• TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE
DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY
OFF THIS DEBT.
• TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR
BEHALF.
• TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO
DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO
NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN
ANY CALENDAR YEAR).
• TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE
PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE
DOCUMENTS.
• TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH
ACTION BY THE LENDER.
TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY
Consumer Credit Counseling Service
of Western Pennsylvania, Inc.
2000 Linglestown Road
Harrisburg, PA 17102
(717) 541-1757
Financial Counseling Services of Franklin
31 West 3`d Street
Waynesboro, PA 17268
(717) 762-3285
Urban League of Metropolitan Harrisburg
N. 6u' Street
Harrisburg, PA 17101
(717) 234-5925
FAX# (717) 234-9459
Community Action Comm of the
Capital Region
1514 Derry Street
Harrisburg, PA 17104
(717) 232-9757
FAX (717) 234-2227
YWCA of Carlisle
301 G. Street
Carlisle, PA 17013
(717) 243-3818
FAX# (717) 731-9589
Adams County Housing Authority
139-443 Carlisle Street
Gettysburg, PA 17325
(717) 334-1518
FAX (717) 334.8326
In accordance with the Fair Debt Collection Practices Act, Title 15 U.S.C. §1692(g), you may
dispute the validity of this debt, or any portion thereof, if you do so in writing within thirty (30)
days after receipt of this notice. If you dispute the validity of this debt or any portion thereof
within this thirty-day period, this firm will provide you with written verification thereof,
otherwise the debt will be assumed to be valid. Please be advised this is an effort to collect a
debt. Any and all information obtained will be used for that purpose.
Esquire
cc: Norman F. Hudson, Allfirst
VERIFICATION
I, Norman F. Hudson, authorized representative for Plaintiff, depose and say subject to
the penalties of 18 Pa.C.S.A., sec.4904 relating to unsworn falsification to authorities that the
facts set forth in the foregoing Complaint in Mortgage Foreclosure arc true and correct to the best
of my information, knowledge and belief.
r.?
N U
m
C?- (?E ? lzwc::?
SHERIFF'S RETURN - REGULAR
i
CASE NO: 1999-06391 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
ALLFIRST BANK
VS.
WAGNER DAVID PATRICK
PATRICIA SHATTO Sheriff or Deputy Sheriff of
CUMBERLAND County, Pennsylvania, who being duly sworn according
to law, says, the within COMPLAINT - MORT FORE was served
upon WAGNER DAVID PATRICK the
defendant, at 1325:00 HOURS, on the 20th day of October
1999 at 350 CARLISLE ROAD
NEWVILLE, PA 17291 CUMBERLAND
,
County, Pennsylvania, by handing to ATTORNEY JAMES JONES
ATTORNEY FOR DAVID WAGNER
a true and attested copy of the COMPLAINT - MORT FORE ,
and at the same time directing His attention to the contents thereof.
Sheriff's Costs: So answers-
Docketing 18.00
Affidavit .00
Surcharge 8.00 Kline, R. Irlomas
SherIff
4i2b.00-1AM20/199TH DURKIN & CONNLEY
by
5
Sworn and subscribed to before me
this ao M day of OzzC t.
192 A.D.
if 'i eLUL11U11ULc11y
ACCEPTANCE OF SERVICE
I accept service of the Complaint in Mortgage Foreclosure
(on behalf of David P. Wagner
and
certify that I am authorized to do so.)
Date th6r? -- ized Agent
v
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ALLFIRST BANK, f/k/a DAUPHIN CIVIL DIVISION
DEPOSIT BANK AND TRUST
COMPANY,
No.: 1999-6391 CIVIL
Plaintiff, ISSUE NUMBER:
TYPE OF PLEADING:
Vs.
PRAECIPE FOR DEFAULT JUDGMENT
DAVID PATRICK WAGNER, (Mortgage Foreclosure)
a/k/a DAVID P. WAGNER,
Defendant.
FILED ON BEHALF OF:
Allfirst Bank, f/k/a Dauphin Deposit Bank
and Trust Company t?
Plaintiff
E
1 Hereby certify that the last known address COUNSEL OF RECORD FOR THIS
of Defendant(s) istare: PARTY:
350 CorIsle Rood
Newvm P 17 Scott A. Diettcrick, Esquire T.
Pa. I.D. #55650
Scott . D c , Esquire Attorney for Plaintiff si
JAMES, SMITI I, DURKIN & CONNELLY LLP
P.O. Box 650
Hershey, PA 17033•
(717) 533-3280
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ALLFIRST BANK f/k/a DAUPHIN DEPOSIT CIVIL DIVISION
BANK AND TRUST COMPANY,
Plaintiff,
NO.: 99-6391 Civil
VS.
DAVID PATRICK WAGNER,
a/k/a DAVID P. WAGNER,
Defendant.
TO:PROTHONOTARY
SIR/MADAM:
PRAECIPE FOR DEFAULT JUDGMENT
Please enter a default judgment in the above-captioned case in favor of Plaintiff and
against Defendant, David Patrick Wagner a/k/a David P. Wagner, in the amount of $68,183.45
which is itemized as follows:
Principal $54,143.02
Interest through 11/29/99 $ 9,826.15
Late Charges $ 359.28
Appraisal and P & J Report $ 255.00
Attorney's Fees $ 1,100.00
Title Search and Costs $ 2.500.00
TOTAL 568,183.45
plus interest on the principal sum ($54,143.02) from November 29, 1999, at the rate of $14.46
per diem, plus additional late charges, and costs (including additional escrow advances),
additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises.
u
JAM
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Att tiff
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PA I.D. #55650
P.O. Box 650
Hershey, PA 17033
(717) 533.3280
AFFIDAVIT OF NON-MILITARY SERVICE
AND CERTIFICATE OP MAILING OF NOTICE, OF
INTENT TO TAKE. DEFAULT JUDGMENT
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF DAUPHIN
Before me, the undersigned authority, a Notary Public in and for said County and
Commonwealth, personally appeared Scott A. Diettcrick, Esquire, attorney for and authorized
representative of Plaintiff who, being duly sworn according to law, deposes and says that the
Defendant is not in the military service of the United States of America to the best of his
knowledge, information and belief and certifies that the Notices of Intent to take Default
Judgment were mailed in accordance with Pa. R.C.P. 237.1. as evidenced by the attached copies.
Scott Al Diettcrick, Esquire
Swom to and subscribed before me
this? day of Yk ?x? 1999.
Notary Public :xr
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My Commission Expires:
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ALLFIRST BANK f/k/a DAUPHIN DEPOSIT
BANK AND TRUST COMPANY,
CIVIL DIVISION
Plaintiff,
VS.
DAVID PATRICK WAGNER,
a/k/a DAVID P. WAGNER,
Defendant.
IMPORTANT NOM
TO: David Patrick Wagner a/k/a David P. Wagner
350 Carlisle Road
Newville, PA 1724
DATE OF NOTICE: November 16, 1999
NO.: 99.6391 Civil
YOU ARE IN DEFAULT BECAUSE: YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE
COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST
YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE,
A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU
MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE
THIS NOTICE TO YOUR LAWYER A f ONCE. IF YOU DO NOT HAVE A LAWYER OR
CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND
OUT WHERE YOU CAN GET LEGAL HELP.
t:z
LAWYER REFERRAL SERVICE
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
Phone (717) 249-3166
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ALLFIRST BANK f/k/a DAUPHIN DEPOSIT ; CIVIL DIVISION
BANK AND TRUST COMPANY,
Plaintiff, NO.: 99.6391 Civil
VS.
DAVID PATRICK WAGNER,
a/k/a DAVID P. WAGNER,
Defendant.
AVISO IMPORTANTE
A. David Patrick Wagner a/k/a David P. Wagner
FECHA DEL AVISO: November 16, 1999
LISTED ESTA EN REBELDIA PORQUE HA FALLADO DE TOMAR LA ACCION
REQUERIDA EN ESTE CASO. A MENOS QUE LISTED TOME ACCION DENTRO DF.
LOS PROXIMOS DIEZ (10) DIAS DE LA FECHA DE ESTE AVISO, SE PUEDE DICTAR
UN FALLO EN CONTRA SUYA SIN LLEVARSE A CABO UNA VISTA Y LISTED PUEDE
PERDER SU PROPIEDAD Y OTP,0S DERECHOS IMPORTANTES. USTED DEBE
LLEVAR ESTE DOCUMENTO INMEDIATAMENTE A SU ABOGADO. Sl LISTED NO
TIENTE UN ABOGADO 0 NO PUEDE PAGAR UNO, VAYA 0 LLAME LA OFICINA
ABAJO INDICADA PARA QUE LE INFORMEN DONDE PUEDE CONSEQUIR AYUDA
LEGAL.
LAWYER REFERRAL SERVICE
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
Phone (717) 249-3166
JAMES,
& CONNELLY LLP
DATE: L BY: r
' Scott A Dietterick, Esquire
PA I.D. #55650
Attorneys for Plaintiff
P.O. Box 650
Hershey, PA 17033
FIRST CLASS U.S. MAIL, POSTAGE PREPAID (717) 533-3280
cc: James Jones, Esquire - 401 E. Louther St., Carlisle, PA 17013
IN TI IE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ALLFIRST BANK f/k/a DAUPHIN DEPOSIT
BANK AND TRUST COMPANY,
CIVIL DIVISION
Plnintiff,
VS.
DAVID PATRICK WAGNER,
wk/a DAVID P. WAGNER,
Defendant.
NO.: 99-6391 Civil
NOTICE OF ORDER. DECREE OR JUDGMENT
TO: David Patrick Wagner a/k/a David P. Wagner
( ) Plaintiff
(XXX) Defendant
( ) Additional Defendant
You arc hereby notified that an Order, Decree or
Judgment was entered in the above captioned proceeding
on.
- T-'(
( ) A copy of the Order or Decree is enclosed,
or
(XXX) The judgment is as follows: $68,183.45
plus interest on the principal sum ($54,143.02) from November 29, 1999, at the rate of $14.46
per diem, plus additional late charges, and costs (including additional escrow advances),
additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises.
D iy
J{lOrill'1' J {\V?U{\1Y - RLJVVLIf1!\
CASE, N0: 1999-06391r
`
,COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
ALLFIRST BANK
VS.
WAGNER DAVID PATRICK
PATRICIA SHATTO Sheriff or Deputy Sheriff of
CUMBERLAND County, Pennsylvania, who being duly sworn according
to law, says, the within COMPLAINT - MORT FORE was served
upon WAGNER DAVID PATRICK the
defendant, at 1325:00 HOURS, on the 20th day of October ,
1999 at 350 CARLISLE ROAD
NEWVILLE, PA 17241 CUMBERLAND ,
County, Pennsylvania, by handing to ATTORNEY JAMES JONES
ATTORNEY FOR DAVID WAGNER
a true and attested copy of the COMPLAINT - MORT FORE ,
and at the same time directing His attention to the contents thereof.
Sheriffs Costa: So answers-
Docketing 18.00
Affidavit .00 0001,
Surcharge 8.00 _ Kline, R. Ihomas
sneriff
NJ 1A0/20/199TH DURKIN & CONNLEY
by ..?. ???
S
Sworn and subscribed to before me
this day of
19 A. D.
ACCEPTANCE OF SERVICE
I accept service of the Complaint in Mortgage Foreclosure
(on behalf of David P. Wagner and
certify that I as authorized to do so.)
/ov 99
Date
vth6rized Agent
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ALLFIRST BANK, f/k/a DAUPHIN DEPOSIT
BANK AND TRUST COMPANY,
Plaintiff,
V.
CIVIL DIVISION
NO.: 1999-6391 Civil
TYPE OF PLEADING:
DAVID PATRICK WAGNER a/k/a
DAVID P. WAGNER,
Defendant(s).
PRAECIPE TO SETTLE
AND DISCONTINUE
CODE:
FILED ON BEHALF OF:
Allfirst Bank, f/k/u Dauphin Deposit
Bank and Trust Company
Plaintiff
COUNSEL OF RECORD FOR
THIS PARTY:
Scott A. Dictterick, Esquire
PA ID #55650
James, Smith, Durkin &
Connelly LLP
P.U. Box 650
Hershey, PA 17033
(717) 533-3280
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ALLFIRST BANK f/k/a DAUPHIN DEPOSIT CIVIL DIVISION
BANK AND TRUST COMPANY,
Plaintiff, NO.: 99-6391 Civil
VS.
DAVID PATRICK WAGNER,
a/k/a DAVID P. WAGNER,
Defendant.
PRAECIPE TO SATISFY
TO THE PROTHONOTARY:
Please mark the case filed at the above-captioned term and number SATISFIED.
Respectfully Submitted:
JAMES, SM H DU & CONNELLY LLP
L
BY:
Scott A. Die terick, Esquire
Attorneys for Plaintiff
PA I.D. # 55650
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
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